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HomeMy WebLinkAboutCC 2013-07-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com r, r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, July 25, 2013 9:00 AM PLANNING & 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 July 25, 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 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 8/28/2013 City Commission Meeting Minutes July 25, 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 25th day of July 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 9:28 a.m., recessed at 11: 06 a.m., reconvened at 11:27 a.m., recessed at 12: 50 p.m., reconvened at 2:48 p.m., recessed at 5:36p.m., reconvened at 6: 04 p.m.,recessed at 7:41 p.m., reconvened at 8: 03 p.m., recessed at 11: 57 p.m., reconvened at 12: 04 a.m., recessed at 1: 38 a.m., reconvened at 1:48 a.m., and adjourned at 2:41 a.m. Note for the Record: Vice Chair Gort entered the Commission chambers at 9: 31 a.m and Commissioner Carollo entered the Commission chambers at 9: 36 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Daniell Alfonso, Acting City Manager ToddB. Hannon, City Clerk Chair Sarnoff Welcome everybody to the July 25, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Wilfredo [sic] "Willy" Gort, the Vice Chair; Frank Carollo; Michelle Spence -Jones; Francis Suarez and myself, Marc David Sarnoff, the Chairman. Also on the dais are Danny Alfonso, the acting City Manager; Julie O. Bru, the City Attorney; Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Suarez. The pledge of allegiance will be conducted by myself. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00786 PRESENTATION Honoree United Way Haydee Wheeler WINN DIXIE James Morris Georgui Lago Mayra Hernandez Presenter Mayor Regalado Mayor & Commissioners Commissioner Spence -Jones 13-00786 Protocol Item.pdf PRESENTED Protocol Item Proclamation Retirement Salute Certificates of Appreciation 1. Mayor Regalado paid tribute and presented Certificates of Appreciation to Ana Martinez on behalf of the United Way, for their participation in the success of the 2013 United Way Campaign; further recognizing Dr. Mary Leckband, Peter Iglesias (Building Department), Marta Gomez (City Attorney's Office), and Keith Carswell (Department of Solid waste) for their City ofMiami Page 3 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 dedication and commitment to outstanding volunteer work as core team members and ambassadors in the 2013. 2. Mayor Regalado presented a Salute for Outstanding Service to Haydee Wheeler, on the occasion of the completion of her tenure as Director of the Neighborhood Enhancement Team, expressing a sincere appreciation for her twenty tears of outstanding service to the residents of the City ofMiami; further applauding her dedicated service, reliability and thoughtful demeanor. 3. Commissioner Spence -Jones presented Certificates of Appreciation to the Winn -Dixie Corporation in honor of their community involvement and applauding their service as a dependable resource for creative backing and major sponsorship of community initiatives. Chair Sarnoff We will now make the presentations and proclamations. We recognize our Mayor, Tomas Regalado, for the United Way. Mr. Mayor. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: NO ACTION TAKEN MAYORAL VETOES END OF APPROVING MINUTES NO ACTION TAKEN ORDER OF THE DAY Direction by Commissioner Spence -Jones to the City Attorney to ensure that there is a discussion regarding item DI.5 regarding pending mortgage lending litigation prior to the filing of any legal action by the City. 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, City Clerk, and members of the public, Mr. Mayor. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section is available in the City Clerk's Office. The material for each item on the agenda is available during business hours 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 phones or other noise -making devices. Anyone who becomes unruly will be barred from attending Commission meetings in the future. Anyone with a disability who requires auxiliary assistance in order to address the Commission, please contact the City Clerk. Thank you, Mr. Chair. Chair Sarnoff Thank you, Madam City Attorney. Mr. Manager, does the Administration wish to withdraw, change, amend any items? Daniell Alfonso (Acting City Manager): Yes, Commissioner. We wish to defer PH6, PH.7, and PH.8 to the September 12 agenda at 5 p.m. Furthermore, we'd like to defer RE.10, 11 and 12 to September 12. I want to confirm on the record that DI.8 has been withdrawn. We are also withdrawing RE.8, and those are the changes that we have right now. Chair Sarnoff Okay. Do any Commissioners want to make any changes or modifications to the City ofMiami Page 4 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 agenda? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Could we just go through the items one more time? Just to -- could the City Clerk -- Mr. City Clerk, could you just go through? ToddB. Hannon (City Clerk): Yes, sir. Commissioner Carollo: (UNINTELLIGIBLE). Mr. Hannon: I have for deferral PH.6, 7 and 8 to the first meeting in September. That's September 12 at 5 p.m. I also have for deferral RE.10, 11 and 12 to the first meeting in September, which is September 12. I have DI8 being withdrawn and RE.8 being withdrawn. Chair Sarnoff All right. I need to ask somebody to include in their motion DI.5, DI.5. Mr. Hannon: Excuse me. Commissioner Carollo: And what would that be; a deferral or withdrawn or --? Chair Sarnoff Withdrawn. Commissioner Carollo: Withdrawn? Chair Sarnoff Withdrawn. Does anybody now wish to make a motion? Vice Chair Gort: Move it. Chair Sarnoff I have a motion by Commissioner Gort. Commissioner Spence -Jones: I just want to just say -- I'm sorry. Chair Sarnoff Go ahead, no, no. Commissioner Spence -Jones: I know on D5 you -- D1.5 [sic], you had the discussion on the Wells Fargo issue. You don't really want to get into it today, but I would like to have a discussion on this issue before anything is filed, so I just want to make sure I officially put that on the record. I know it is your item, but it was something that I was going to bring up myself, Commissioner Sarnoff, so I just want to make sure I give directive to our City Attorney to -- prior to filing anything, I definitely feel like we need to have a real discussion about this item. All right? Ms. Bru: Commissioner, we'll contact our outside counsel and discuss your request. Commissioner Spence -Jones: Okay. I just want to make sure. Chair Sarnoff Okay. Commissioner Spence -Jones: All right. Chair Sarnoff All right. So we have a motion by Commissioner Gort. Is there a second? City of Miami Page 5 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: So move. Chair Sarnoff Second -- I'll take it as a second by Commissioner Spence -Jones. Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Later... Chair Sarnoff DI.6, Information Technology Department. You want to talk about that? Vice Chair Gort: Yes. Chair Sarnoff All right. IT (Information Technology)? Commissioner Spence -Jones: IT. Mr. Alfonso: They're coming, sir. Commissioner Spence -Jones: And then as they come, I just would like to -- 'cause we'll be finished with kind of the agenda until everyone comes back. Mr. Chairman, I wanted -- I know that there's a `D" -- excuse me -- a PZ (Planning & Zoning) item that deals with the DRI (Development of Regional Impact). I know that the person that has to present that she has to leave. It won't take us long to deal with that. Can we just get that out of the way? Chair Sarnoff PZ? Commissioner Spence -Jones: Yeah, it's PZ. It's a -- the DRI. Chair Sarnoff PZ.9. Commissioner Spence -Jones: Yeah. Is that -- yeah. Chair Sarnoff So we -- correct me if I'm wrong. We would have to open up the -- Mr. Hannon: Yes, sir. Madam City -- Chair Sarnoff Why don't we take -- Commissioner Spence -Jones: We can do his first. Chair Sarnoff -- this item here, IT, and then we'll go to PZ. 9, so you'll open up your PZ agenda. You're recognized for the record. Conrad Cross: Good afternoon, Commissioners. My name is Conrad Cross, Chief Information Officer, IT director for City ofMiami. I watched with interest a clip from the May 23 Commission meeting, andl saw that there was a lot of interest in the IT Department, and that was before I came six weeks ago -- seven weeks ago, that is. I'm here, and I'm here to talk to you about some of my findings oflT and where we go with IT. There's a saying that 'You need to know your history to know your destiny," and I'm sure you Commissioners may know the history oflT in the City ofMiami much better than I do. Just one second. There is a presentation that I have that I'd like to put -- Chair Sarnoff It's always dangerous when the IT guy is not ready and he's doing the IT Department. That's right; I don't think you knew you were going to be called, so do whatever you got to do. City ofMiami Page 6 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 CONSENT AGENDA CA.1 RESOLUTION 13-00759 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED MAY 13, 2013, PURSUANT TO INVITATION FOR BID NO. 360343, FROM A NAVAS PARTY PRODUCTION (PRIMARY) AND GLEN'S TENT AND TABLE RENTAL SERVICES, INC., (SECONDARY), FOR THE PROCUREMENT OF THE RENTAL OF TENTS, TABLES, CHAIRS AND LINENS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00759 Summary Form.pdf 13-00759 Tabulation.pdf 13-00759Addendum No. 1.pdf 13-00759 Invitation for Bid.pdf 13-00759 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0283 CA.2 RESOLUTION 13-00760 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RESPONSE SUBMITTALS RECEIVED APRIL 2, 2013, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 356296 FOR THE PROVISION OF LATENT PRINT EXAMINATION SERVICES FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; APPROVING THE ESTABLISHMENT OF A PRE -QUALIFIED LIST, CURRENTLY COMPRISED OF THREE (3) PRE -QUALIFIED FIRM(S) OR INDIVIDUAL(S), AS LISTED ON "EXHIBIT A", ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH EACH PRE -QUALIFIED FIRM OR INDIVIDUAL FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, TO ADD PRE -QUALIFIED FIRM(S) OR INDIVIDUAL(S) TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT NEED FOR FURTHER CITY COMMISSION APPROVAL. City of Miami Page 7 Printed on 8/28/2013 CA.4 13-00762 Department of Police CA.3 13-00761 Department of Parks and Recreation City Commission Meeting Minutes July 25, 2013 13-00760 Summary Form.pdf 13-00760 Legislation.pdf 13-00760 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0284 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATING AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND NATURE LINKS FOR LIFELONG LEARNING, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF ESTABLISHING A COOPERATIVE EFFORT TO PROVIDE YOUNG ADULTS WITH DISABILITIES BETWEEN THE AGES OF 22-30, CONTINUING VOCATIONAL EDUCATION THAT WILLALLOW THEM TO ACQUIRE SKILLS THAT WILL LEAD TO EMPLOYMENT, FOR THE PERIOD COMMENCING AUGUST 19, 2013 THROUGH JUNE 5, 2014, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS UNDER THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE AGREEMENT, AFTER CONSULTATION WITH THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ADMINISTRATION OF AND COMPLIANCE WITH THE AGREEMENT. 13-00761 Summary Form.pdf 13-00761 Legislation.pdf 13-00761 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0285 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") AND A COST REIMBURSEMENT AGREEMENT FROM THE FEDERAL BUREAU OF INVESTIGATION, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE CITY OF MIAMI POLICE DEPARTMENTS CONTINUED PARTICIPATION IN IDENTIFYING AND TARGETING FOR PROSECUTION CRIMINAL ENTERPRISE GROUPS RESPONSIBLE FOR DRUG TRAFFICKING, MONEY LAUNDERING, ALIEN SMUGGLING, CRIMES OF VIOLENCE SUCH AS MURDER AND AGGRAVATED ASSAULT, ROBBERY, AND VIOLENT STREET City of Miami Page 8 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 GANGS, AS WELL AS TO INTENSELY FOCUS ON THE APPREHENSION OF DANGEROUS FUGITIVES WHERE THERE IS OR MAY BE A FEDERAL INVESTIGATIVE INTEREST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID MOU AND COST REIMBURSEMENT AGREEMENT. 13-00762 Summary Form.pdf 13-00762 Email - Cost Reimbursement Agrmt.pdf 13-00762 Legislation.pdf 13-00762 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0286 CA.5 RESOLUTION 13-00758 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES FOR YEAR 2012", AND APPROPRIATING FUNDS, IN THE AMOUNT OF $60,000, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 13-00758 Summary Form.pdf 13-00758 Legislation.pdf 13-00758 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0287 Adopted the Consent Agenda Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez City of Miami Page 9 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 9:00 A.M. PH.1 13-00769 Department of Community and Economic Development END OF CONSENT AGENDA Chair Sarnoff Okay, let's go through the consent, andl think then we can go to the time certain. Does any Commissioner wish to make a motion on the consent agenda? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Consent agenda, Commissioner Spence -Jones. Looking for a second. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP FUNDS ("SHIP"), IN THE TOTAL AMOUNT OF $572,606 FOR FISCAL YEAR 2013-2014, AS SHOWN ON "EXHIBIT A", ATTACHED HERETO, FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00769 Summary Form.pdf 13-00769 Notice to the Public.pdf 13-00769 Pre-Legislation.pdf 13-00769 Legislation.pdf 13-00769 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 R-13-0288 Chair Sarnoff PH.1. You're recognized for the record, Mr. Mensah. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution ofMiami City Commission accepting the State Housing Initiatives Partnership funds in the total amount of approximately $572, 000 for fiscal year 2013-2014. City ofMiami Page 10 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 PH.2 13-00770 Department of Community and Economic Development Chair Sarnoff All right. This is a public hearing. Anyone wishing to be heard on PH.1, PH.1, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Spence -Jones: So moved. Chair Sarnoff We have a 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, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT RESERVE ACCOUNT, IN THE AMOUNT OF $235,307 AND IN THE AMOUNT OF $218,047, FROM THE CITY DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CITYWIDE RESERVE FROM PROGRAM INCOME, FORATOTALAMOUNT OF $453,354; ALLOCATING SAID FUNDS TO THE CITY DEPARTMENT OF PUBLIC WORKS FOR SIDEWALK REPLACEMENT IN VARIOUS CITY LOCATIONS INCLUDING BUT NOT LIMITED TO THOSE LOCATIONS ON "COMPOSITE EXHIBIT A", ATTACHED HERETO ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00770 Summary Form.pdf 13-00770 Notice to the Public.pdf 13-00770 Pre-Legislations.pdf 13-00770 Legislation.pdf 13-00770 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: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0289 Chair Sarnoff PH.2, Mr. Mensah. George Mensah (Director, Community Development): PH.2 is a resolution allocating an amount of 453, 354 to Public Works Department for sidewalk replacement in various City locations. We did include some locations, but I just want to put on the record that those locations can be amended and replaced as needed by the Public Works Department. Chair Sarnoff All right, it's a public hearing on PH.2. Anyone from the public wishing to be heard on PH.2, please step up. Hearing none, seeing none, coming back to this Commission. Do we have a motion? City of Miami Page 11 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 PH.3 13-00771 Department of Community and Economic Development Vice Chair Gort: Move it. My understanding is in making the motion that this is going to be citywide and it's going to be according to the needs of the different districts. Chair Sarnoff Motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT DE -OBLIGATED FUNDS IN THE TOTAL AMOUNT OF $133,474, AS SPECIFIED IN EXHIBIT "A', ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AT DOUGLAS PARK LOCATED AT 2755 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, IN DISTRICT 2; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00771 Summary Form.pdf 13-00771 Notice to the Public.pdf 13-00771 Legislation.pdf 13-00771 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-13-0290 Chair Sarnoff PH.3. George Mensah (Director, Community Development): PH.3, a resolution allocating an amount of 133,474 to Douglas Park for ADA (Americans with Disabilities Act) improvements. Chair Sarnoff All right, it's a public hearing on -- Vice Chair Gort: Move it. Chair Sarnoff -- PH.3. PH.3 -- Commissioner Spence -Jones: Second. Chair Sarnoff -- anyone wishing to step up? Hearing none, seeing none, coming back to this Commission. We have a motion by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." City of Miami Page 12 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 The Commission (Collectively): Aye. PH.4 RESOLUTION 13-00799 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF FUNDS FROM THE CITY OF MIAMI ("CITY") Economic DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Development RESERVE ACCOUNT, IN THE AMOUNT OF $1,622,986, FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST DUE FOR THE CITY'S SHARE OF THE JUNGLE ISLAND SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE REPAYMENT OF SAID PRINCIPAL AND INTEREST FROM PARROT JUNGLE GARDENS AND WATSON ISLAND; DEPOSITING SUCH PAYMENT INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT DISTRICT RESERVES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00799 Summary Form.pdf 13-00799 Notice to the Public.pdf 13-00799 Pre-Agrmts. & Legislations.pdf 13-00799 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0291 Chair Sarnoff PH.4. George Mensah (Director, Community Development): PH.4 is the authorization authorizing the City Manager to pay in the amount of approximately $1.6 million, being the City's share of the principal and interest payment for the Jungle Island Section 108 loan, to United States Department of Housing and Urban Development. Chair Sarnoff All right, PH.4, there's a public hearing. Anyone wishing to be heard on PH.4? Mr. Cruz, you're recognized for the record. Vice Chair Gort: Excuse me a minute. Before you recognize Mr. Cruz, why don't you explain how is the process going to work. We're going to be -- make the payment, they're going to pay in Dade County, and we get reimbursed for the payment. Make sure you explain it so people understand. Mr. Mensah: No problem. Commissioner, as you know, we have an agreement with the county and federal government and HUD (Department of Housing and Urban Development) to pay the Section 108 loan, and then we also have an agreement with the Jungle Island with the county and the City that they reimburse us with every payment that you make. Currently, the county makes the payment and they received the payment from Parrot Jungle and that's -- Jungle Island (UNINTELLIGIBLE) that's reimburse them. What we are trying to do now is that the City is -- instead of allowing the county, who have been using -- I'm sure probably using their CDBG (Community Development Block Grant) funds to make this payment. We will make our share of City of Miami Page 13 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 that payment using our CDBG funds, which is an eligible use of CDBG funds. And when we -- when the reimbursement comes into the county, we get our share. As you know, these are federal funds, and so the county obligated for these federal funds. They cannot commingle it with their account. They have to return it to us. So that is how we intend to do. Jungle Island is supposed to make the payment. The invoice that is -- is due today and the county indicated to us that that payment will be made today, so it's just an exchange of funds; one from CDBG funds and then the money comes back as program income to the City. Vice Chair Gort: Thank you. Chair Sarnoff All right, Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I've been here coming to this Commission before Mr. Mensah and everybody was not here, andl remember when Dr. Levine came here crying for money for his -- and he sold the Parrot Jungle and then big, big business. And the only thing that bothers me is how much is going -- is the City going to get the money back? Fine, because then we have problem at the budget hearing, there is not enough money to hire more police officer that we need or to other service that the people pay for that. I don't pay for City service, but I receive City services. I pay a lot in federal money, and this is federal money, so I'd like to know exactly we getting money back from this (UNINTELLIGIBLE). Vice Chair Gort: That's what he just stated. Mr. Cruz: Well -- Vice Chair Gort: We get back. Mr. Cruz: Okay. We'll see that at the budget time. Maybe Mr. Alfonso will explain later on that, too. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on PH.4, PH. 4, please step up. Coming back to this Commission, I don't recall, do we have a motion? Vice Chair Gort: Yes, we do. Todd B. Hannon (City Clerk): No, sir. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Commissioner Carollo: Yes. Chair Sarnoff Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you, Chairman. And from my explanation, I don't have a problem with this. However, I want to make it crystal clear exactly what we're doing, andl know you spoke. I came halfway during your discussion. The bottom line is this money has to be paid. If it's not paid, the City's on the hook for it anyways, correct? City of Miami Page 14 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Mensah: That's correct. Commissioner Carollo: We are going to be using timeliness sensitive money -- Mr. Mensah: Yes. Commissioner Carollo: -- to pay for this, so it's going to help the City with the timeliness test. Mr. Mensah: That's correct. Commissioner Carollo: And then we expect to get reimbursed by the agency that will be -- supposed to pay for that, correct? Mr. Mensah: That's correct. Commissioner Carollo: If they do not reimburse us, they will be in default, and then I foresee the City exercising all their legal action in order to obtain that money or take the property over, correct? Mr. Mensah: That's correct, Commissioner. Commissioner Carollo: Okay. So in essence -- andl do want to put it for the record -- this is to help with the timeliness test, correct? Mr. Mensah: That's correct. Commissioner Carollo: Thank you. Chair Sarnoff And just to clam something Commissioner Carollo said, "the agency." We're not looking for an agency. We're looking for Jungle Island to pay us. Mr. Mensah: The company that's involved. Vice Chair Gort: Right. Ms. Mendez: That's correct. Chair Sarnoff The City is responsible for 80 percent of this loan and the county 20? Mr. Mensah: Yes. Chair Sarnoff Okay. I just want to make sure. Commissioner Carollo: So if they wouldn't pay, we'd be on the hook anyways -- Chair Sarnoff Right. Commissioner Carollo: -- and that's why I said that. So this is a way -- Vice Chair Gort: And we take over. Chair Sarnoff And your point is that if they're in default, now we can take legal action against them. City of Miami Page 15 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 2:30 P.M. PH.5 13-00830 Commissioner Carollo: That's correct. Chair Sarnoff Right. Okay, any further discussion? Then all in favor, please say "aye. " The Commission (Collectively): Aye. RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE David Sarnoff WYNWOOD BUSINESS IMPROVEMENT DISTRICT; AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT. 13-00830 Legislation.pdf 13-00830 Exhibit 1.pdf 13-00830-Submittal-Karen Parra.pdf 13-00830-Submittal-Ronald Coyle, Jr. -Petitions against the BID.pdf 13-00830-Submittal-Wynwood BID Business Plan.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-13-0293 A motion was made by Commissioner Suarez, seconded by Commissioner Spence -Jones, and was passed unanimously, to approve the levy of a special assessment for the Wynwood Business Improvement District (BID). Note for the Record: The following actions (see below) were taken by the City Commission while serving as an equalization board. A motion was made by Vice Chair Gort, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Carollo and Commissioner Suarez absent, to approve the assessment as assessed for the properties located at 47 and 49 Northeast 25th Street. A motion was made by Vice Chair Gort, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Carollo and Commissioner Suarez absent, to approve the assessment as assessed for the property located at 2425 North Miami Avenue. A motion was made by Vice Chair Gort, seconded by Chair Sarnoff, and was passed with a 2/1 vote, with Commissioner Spence -Jones voting no, and Commissioner Carollo and Commissioner Suarez absent, to approve the assessment as assessed for the vacant lot located at 127 Northwest 23rd Street. Chair Sarnoff All right, we have a second time certain. Commissioner Spence -Jones: Two -thirty. Chair Sarnoff We have a 2:30, WynwoodEqualization -- City of Miami Page 16 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: Wynwood. Chair Sarnoff Commissioner Spence -Jones, it's actually you now so Wynwood -- I think we're going to take FR.1 and PH.5 simultaneous. Veronica A. Xiques (Assistant City Attorney): Commissioner, you should take PH.5 where you're actually fixing the assessment roll first, and then once you fix that, then you can take FR.1, which creates the board. Chair Sarnoff I gotcha. All right, so now, PH.5 is heard for the record. Commissioner Spence -Jones: PH.5. Chair Sarnoff Who's presenting PH.5? Commissioner Spence -Jones: Staff. David Collins: Commissioner, David Collins from the Wynwood BID (Business Improvement District) Project. I am pleased that you're taking on this issue today. I know that there are people who wish to raise concerns and those property owners, including about ten of the most important property owners in Wynwood are here to say two sentences each, if they get that opportunity, and coordinating this from the Wynwood BID perspective is Mr. Scott Silver from Metro 1. So I'm going to step aside. I'm David Collins, 404 Northwest 26th Street, Wynwood BID Project, Goldman Warehouse. Thank you. Chair Sarnoff Thank you. Commissioner Spence -Jones: Thankyou. Chair Sarnoff Mr. Silver, you're recognized for the record. Scott Silver: Yes. Good afternoon. Scott Silver, 120 Northeast 27th Street, Bay 200, Metro 1 Properties. I'm executive director of the advisory service. Several months ago, through the efforts of Mr. Collins, we started -- undertook an effort to form a Wynwood Business Improvement District. Mr. Collins previously had assisted in the formation of a business improvement district for the area of Coconut Grove, and candidly, it's been a very vibrant, viable way to let business owners and the community join together to provide for above the base level of City services; provide for additional maintenance, additional services. Wynwood has become a dynamic area; I think the world's attention is on it. Tourism benefits from it, businesses benefit from it and we've joined together as business owners and property owners in that district. Over -- almost 90 percent of the people who voted in the Wynwood BID election voted in favor of it. Sixty -- over 65 percent of the actual property owners, which is almost unheard of, if you think of an election, where 65 percent of the electors in the area came out and voted in favor of it, so we have an overwhelming support for it. What we're here before you is now, where you're sitting as what's known as the Equalization Board, I guess to make a determination and to ratift our assessment and our roll. We've gone through the database, the square footage, and we've come up with a -- what we believe is a fair and reasonable assessment that was voted upon, again overwhelmingly by the property owners to tax themselves in this respect. So we know from experience that the BID operation is an excellent one, but I want you to hear from some property owners that we have here today to tell you what their desire and experience is if that, you know, we believe that would help in your decision -making process. Commissioner Spence -Jones: Thankyou. City of Miami Page 17 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Thank you. I need to make the following statement, which is: We shall now hear testimony from the affected property owners as to the property and -- propriety and advisability of making the improvements and funding them with special assessments on property. The testimony shall be general testimony addressing only whether it is appropriate to levy an assessment of approximately $760, 000 for the purposes of benefiting sanitation, marketing, event development, infrastructure maintenance within the Wynwood Business Improvement District area and providing for general and administrative expenses of the BID. This is a public hearing now open with regard to this. The property owners are welcome to address us. Anthony Scremin: Good afternoon. My name is Anthony Scremin, and the statements that was made by the gentleman that came before me is totally incorrect. There was no real opportunity for the people that were property owners to vote adequately. They've gotten -- I'm not sure, because I'm an attorney, andl intend to go forward and check into this. There's a lot of exceptions. When I looked on the document that was provided, I don't know whether these people that are getting special exceptions [sic] as far as paying of the tax, a special assessment is concerned actually had the opportunity to vote. I've talked to numerous people in the neighborhood. Myself and my wife, we own two pieces of property. We should have had two votes relative to this. We only got one ballot. We didn't get two ballots. There's a lot of people -- there's a couple that are going to be coming behind me that are going to say this was not a fair election. We do not want to be taxed anymore. I, myself at this point and the other people feel like we're back in medieval times. We're being treated by a medieval doctor who believes in bleeding as a cure to something. We do not want to be bled anymore. We don't want any more taxes on our property. No one, none of you were there when the property was being rundown at your request and everyone else, because you allowed people on 2ndAvenue to set up drug rehab places, and at night, you allowed people to set up a copper and metal distribution place that got all the metal that they stole from our air conditioners in the middle of the night taken out before the police could do anything. We fought that. We fought everything over all the years. Just to give you a couple of examples, the neighborhood was good to begin with. We had Nabisco in there, we had Seal Test Bakeries, we had Don Allen Chevrolet, we had the Ford Company was there and a lot of other vibrant businesses in the neighborhood. You all allowed, the Commissioners, the police, the whole community and City ofMiami allowed the neighborhood to be rundown. You allowed derelicts through the people that had the rehab facilities to be there. We had to put up at our own expense and no one ever helped us with anything. We went to the City, we went to the Commissioners, we went to everybody, and we says, "We need help. We need some crime protection in the neighborhood." Where were you at then? Now that we've done everything -- and, you know, you ran it down with the railroad SEC [sic] lot. You allowed it to be a container storage, and then you put a couple stinking trees around the edge of it to say, "Oh, we've beautified it, " so all those lousy things that are sticking up over the edge of the trees and stuff "Don't worry about that, they're invisible, " like the Progressive announcement that you see for insurance company where the lady is there on the side, and she's throwing the thing and she says, "You can't see me, you can't see me," but we did see, that's the problem. Vice Chair Gort: Right. Mr. Scremin: And now, they want us to be silent. They've allowed that to come in here. They ran our neighborhood down with that, as well as the rehab people. They then came after us with a proposal for eminent domain so they could expand the storage facilities and take our property where I was at where I owned two pieces of property. We had to fight that, and eventually, they gave up on that, and then they said, at least during this time period when we were being dumped on and we -- Chair Sarnoff In conclusion. Mr. Scremin: I've got two pieces of property. I think I'm allowed ten minutes, correct? City ofMiami Page 18 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff No. Commissioner Spence -Jones: No. Mr. Scremin: No? Chair Sarnoff No. Mr. Scremin: Okay. Chair Sarnoff I've given you time, but I'm giving you a warning, so -- Vice Chair Gort: I do have -- Chair Sarnoff -- you're a lawyer, and I'm just suggesting you should start conclude -- you've repeated yourself a couple times. I think everybody's got it, but you need to conclude. Vice Chair Gort: Excuse me, Commissioner. I do need to ask a question. What years are you talking about? Mr. Scremin: What's that? Vice Chair Gort: What years are you talking about when all this took place? What years? Mr. Scremin: What years? Vice Chair Gort: Yes. Commissioner Spence -Jones: What years? Mr. Scremin: I've owned property in -- Vice Chair Gort: I understand that, but what we were supposed to have done bad, because my understanding is for the last four years -- Mr. Scremin: It's from the 1970s forward. Vice Chair Gort: Okay. Mr. Scremin: I had to put up lighting on my premises because you guys wouldn't do it. Vice Chair Gort: Okay. Commissioner Spence -Jones: No. Mr. Scremin: There was no police protection. You know, we're in a situation where we had to do everything and expend it. And now I'm going to get on each of my properties $1, 200 more a year so you can put some lousy painted garbage cans in the area. I'll paint the garbage cans and let me keep my money. I'm paying 8,000 more on each of my properties now than I was five years ago, and I've got nothing, no more police protection, nothing. Chair Sarnoff Thank you. Mr. Scremin: This is a travesty of justice, and it's really ridiculous. City of Miami Page 19 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Thank you. You're recognized for the record. Applause. David Lombardi: Hi. I'm David Lombardi, 167 Northwest 25th Street, Lombardi Properties. And to that gentleman's point, I think that is why we've created this BID. I have made Wynwood my life's work since 2000. I own 35 properties in the neighborhood. And, yes, sir, there's a lack of police, there are no garbage cans, we need better lighting, and we need cleaner streets. And a few of us for the last seven or eight years -- I've never seen you -- but the last seven or eight years, we've been fronting this out of pocket ourselves as a neighborhood association, and in order to go to the next level for this neighborhood, I think this BID is very essential, it's very timely. We see Wynwood as an unlimited -- the possibilities are unlimited. It should be the living, working artist community in the City ofMiami. We've garnered international recognition and attention from all over the planet. So if you're paying a little more taxes, I think you should be thankful, because your property is probably worth two or three times more than it was in the years you were talking about, so thank you. Chair Sarnoff Thank you, Mr. Lombardi. Next person up, you're recognized for the record. Ronald Coyle, Sr.: Ronald Coyle. I've been a property owner in the area for better than 20 years. I have three pieces of property. What he just outlined is totally wrong. I'm in -- I'm zoned industrial. We need to keep our industrial area. First of all, I'm not Wynwood. I'm Rosewind, and they gerrymandered me into this so that they could get the money out of me. There is absolutely no benefit that receive from this BID program, not one benefit. Why? Because my son operates a business there, an automotive business for the last 23 years. I had the other building for storage, my own personal storage. It's not going to help me to sweep the streets over on 2ndAvenue for the honkytonks over there that's coming up, and, you know, andl don't -- I'm kind of immune right now from the graffiti people, because we've got people in the neighborhood that's doing a good job. They're all up in arms east ofMiami Avenue. They do not want this. The people in east ofMiami Avenue is ready to do a new election, because this one was corrupt. We weren't notified properly. We weren't given the information that we were supposed to be given, and even now, we got speakers that are not speaking the truth, and, you know, it's going to cost me -- this thing is going to cost me $8, 000 a year. All that's going to do is keep someone from coming in and developing that area which we need industrial properties. We need that type of stuff. We got thousands of condos around, but if they're going to turn it into a Goombay or, you know, whatever. Andl know that that man owns a lot of property, and he has his own reasons. My property is very poor, but I pay the same amount per front foot as he does. My property is nothing compared to his property. Chair Sarnoff And in conclusion? Mr. Coyle, Sr.: So in conclusion, I'd like to say that if they were going to assess something, they should go by the value of the property, the location of the property, and what benefits they're to receive. There is no benefits to my property. I want out of this thing. Chair Sarnoff Thank you. Mr. Coyle, Sr.: Thank you. Commissioner Spence -Jones: Mr. Chairman, can I ask a question quickly? Chair Sarnoff Sure. Commissioner Spence -Jones: Andl guess it's really for the City Clerk. City ofMiami Page 20 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Mr. Clerk. Commissioner Spence -Jones: Sony. Sorry about that. Todd B. Hannon (City Clerk): Yes, ma'am. Commissioner Spence -Jones: I just want to be clear, because we keep talking about an election that tookplace, and to my understanding, it tookplace on June 4. Did our office, the Clerk's office actually do the notice? Mr. Hannon: Yes, ma'am. Commissioner Spence -Jones: You did. So what -- did you send it to all the property owners in the area? Mr. Hannon: Affected property owners, yes. Unidentified Speaker: No. Commissioner Spence -Jones: No, I'm saying when you say "affected property owners, " you mean everybody that's in the zone? Mr. Hannon: Yes, ma'am. Commissioner Spence -Jones: Okay. So it's obvious that -- I mean, we can sit here and listen to testimony from both sides, and we know that there is an issue around, you know, one group feels one way and one group feels another way, and apparently, some of these folks are saying other people were not in the room for the vote or did not get the notice. Is that what I'm hearing? Mr. Hannon: You know, we used the most up to date information from the property tax roll. Commissioner Spence -Jones: Right. So I'm just -- I just want to be clear. So the purpose of today's vote -- the reason why we're taking the vote on this today, is there a time frame, David, that --? Mr. Collins: Yes. Commissioner Spence -Jones: -- this needs to be --? You want to put that on the --? You got to go to the mike. Mr. Collins: Yes, there is a -- Commissioner Spence -Jones: Time frame in getting this done? Mr. Collins: -- time frame, yes. And this hearing is in accordance with Statute 170. I have it with me if you'd like to see it. I also have with me the certified results of the election. Commissioner Spence -Jones: What were the numbers so I know? Mr. Collins: Two hundred and seventy-four ` yes. Commissioner Spence -Jones: And how many noes"? Mr. Collins: Twenty-eight "noes," and 116 that didn't show up who counted as "noes, " even though they didn't vote so that we had 65.5 percent of the vote. The state law stipulates that you City of Miami Page 21 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 must have a simple majority, 50 percent plus 1 folio. So we went -- we way overshot what was needed, andl think that accurately reflects the district. Commissioner Spence -Jones: Okay. Chair Sarnoff All right, next speaker. You're recognized for the record, ma'am. Cindy Lerner: Good afternoon. Cindy Lerner, 5901 Moss Ranch Road. My father-in-law, Morris Lerner first started buying properties in Wynwood in the mid-'60s, and when he passed away and left the properties to my husband and family, at that time, the garment district had gone south and we were hopeful in continuing the investment and seeing a new birth in Wynwood, and it has been quite thrilling for all of us to see and participate as property owners. I want to first commend David Collins for the very hard and very good work that he has performed in assisting the property owners in creating the vision for the BID, and it is a very strong, clear vision that we are all quite excited about. It was a strong grassroots effort. We had a steering committee that met every couple of weeks for more than six months. We developed the parameters, the boundaries with a lot of input from property owners, and the boundaries were changed several times based on the discussions and the -- either wished to be added or wished to be removed from the boundaries, that's first. And then in terms of the election, we were not only counting every vote, we were going after every single vote, and literally, we took on the list of property owners. We each took responsibility to do the outreach, have the conversation, sent more information, and in fact, invite property owners who had not been aware of the steering committee to come to meetings. We held open houses. We could not have done much more to engage, to answer questions, and to help the property owners understand the benefits of the BID. If a property owner stands here today and says they haven't seen any benefits, the benefit is the coalition that has been built of property owners who are unanimous in our vision for the improvements that we ourselves can build and accomplish in support of and in collaboration with the City ofMiami, and we look forward to the opportunity to not only show for ourselves, but to show all of the other property owners that once this is established, the benefits that each and every one of us and the entire -- not only the BID district, but the Greater Wynwood community will realize as a result. So I thank David, I thank all of the other property owners who've come forward and taken responsibility, and again, this could not have been more of a strong grassroots effort to outreach to every property owner. Chair Sarnoff Thank you, ma'am. Commissioner Spence -Jones: Thank you. Applause. Chair Sarnoff All right, next. Commissioner Spence -Jones: Next. Chair Sarnoff That's it? Mr. Coyle, Jr.: Hi. I'm Ronald Coyle at 47 Northeast 25th Street. Chair Sarnoff What was it again, your name? Mr. Coyle, Jr.: Ronald Coyle, Jr. I came down to the Wynwood area at 2247 Northwest 1st Place in 1983. I had a mobile repair shop. I was 23 years old. I graduated from Florida State andl had a job at a bank, but kind of liked working with my hands and thought I'd have a big business. But looked around Miami, andl picked this neighborhood because of the low rent, andl got a 1,600 square foot warehouse for $600 a month, a good deal. A place like that in City ofMiami Page 22 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 North Miami or Coral Gables would have costed [sic] me $5, 000. So I moved down there, and the first four years, I was in the very heart of Wynwood, and Wynwood, that area is -- borders a bunch of projects, and there's -- it's very high crime, there's a lot of traffic; the mission, Miami Rescue Mission is there, too, and the Salvation Army is there, and so there's -- it's a haven for homeless people. And so anyways, about four years later, I ran into a property in Edgewater, Rosewind, but it's Edgewater, andl moved my shop to where I am now presently at 47 Northeast 25th Street, and it was a great relief to be out of that area. Let me tell you, I was shot at, chased around over there, and there was no end to the break-ins that my place had. So when I got over to where I'm at now, it was a great relief. Now, I'm not in Wynwood, and there's some confusion about Wynwood. Wynwood is actually north of 29th Street, for the most part, and between Miami Avenue and 2ndAvenue, and it's not really -- Wynwood isn't properly what they're calling Wynwood. And I'm not in Wynwood, and they're trying to co-op me into a neighborhood that I'm not in, and it's not fair, and my neighborhood's an industrial neighborhood, has nothing to do with the art. The Florida Statute 170 that they're providing this BID with clearly states that the reason that I'm going to be taxed is because I'm going to receive some special benefit, and there's not going to be any special benefit for me, because I already have my own security, andl clean up my street, I take care of it, because for the years the City doesn't and -- Chair Sarnoff In conclusion. Mr. Coyle, Jr.: -- they won't. Well, in conclusion, I would just say that this is -- I already have collected in four hours the other day -- This election wasn't really properly vetted. They didn't tell the residents that they were going to have to pay $8, 000 extra taxes for their thing. So this election was really unfair. And I've already collected like 20 signatures, which is a lot offolio numbers, enough to where I can petition this, andl think that we -- I have the right to petition, and we can get this and have another vote, a fair vote, with everything out in the open, you know, the exact cost, the whole plan. Chair Sarnoff Excuse me. Thank you. Mr. Coyle, Jr.: Now I just want to say one more thing to you, the Commissioners. Chair Sarnoff No, no, no. Mr. Coyle, Jr.: You -- Chair Sarnoff I appreciate that. Mr. Coyle, Jr.: But you -- listen, when these little organizations like this are a thorn in the side to development, so later on it's -- Chair Sarnoff I gotcha. Mr. Coyle, Jr.: The people come to develop my neighborhood, these people are going to stop -- Chair Sarnoff Thank you. You're recognized for the record. Joseph Furst: Joseph Furst, Goldman Properties, 2750 Northwest 3rdAvenue, Miami, Florida. To me, the BID is very simple. It's about transformation, it's about improvement. You've heard our opponents here to the business improvement district talk about the issues that they have, such as crime, streets being dirty, all these things that haven't been kept up the way that they would want to see it. That's what the BID is here for. The BID is here to deliver those services that are necessary for us to take Wynwood to an even further place on top of the improvement that we've already achieved. The BID process to me was incredibly moving, because it was truly collective. If you look at the votes that we have, the 'Yes" votes that we have and you look at the ownership City of Miami Page 23 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 that's affected by this, this is not a situation where one company or two or three groups own the entire neighborhood. There are a lot of small owners here, there's a lot of individuals parcels, and you see all the votes in favor of the BID, and it's very clear that the neighborhood wants these improvements and wants the BID in place. Just one other comment on development since I've only been working in the neighborhood now for five years, andl think the improvement in development that we've seen over this past five-year period will only get heightened, only get increased. We are in the place -making business, andl think for Goldman Properties to be here and take a stand, who's going to be paying a significant additional tax burden, to say that this is only going to enhance development, it's going to enhance the neighborhood, and Wynwood will continue to be known as a world class destination for art, creativity and place -making. Thank you. Chair Sarnoff Anyone else wishing to be heard? Mario Courtney: Yes. Mario Courtney, 2750 Northwest 3rdAvenue. Chair Sarnoff Excuse me. If you want to be heard, please step up to the next people. Thank you. Go ahead. Mr. Courtney: Senior managing director for Goldman Properties. I certainly want to echo what Joseph said. This process has been a completely transparent process from everything that I have seen. I want to thank the City and the City staff, the Administration and everyone who has really been involved, you know, with this process. I've stood shoulder to shoulder with our fellow property owners, and this is a spectacular win/win for our community. For our neighborhood for the neighborhoods that surround Wynwood, nothing could be better. We are an emerging arts district, a creative neighborhood, world renown today and that is because of the hard work of many, many people; David Lombardi, one. But I also do want to recognize my dear friend and the chairman of Goldman Properties who had this great vision and knows the importance of business improvement districts, Tony Goldman, who is not with us today, and we all stand together and thank him, and we applaud this great process, and thank you all very much. Chair Sarnoff Thank you very much. Anyone else, please step up. Iliana Scremin: I have a property with my husband on 35th -- Vice Chair Gort: What's your name? Ms. Scremin: Iliana Scremin. Chair Sarnoff And your address? Ms. Scremin: -- and 37 and 28 Northeast 26th Street. We've gone through a lot of problems in the area. We've always helped ourselves, all the little businesses, the mom and pop places that are there that have struggled, and no one has helped us. We had to even build a fence at the end of our block, which is 26th Street, because we had so many drug dealers and druggies going across. We had to step over homeless people. We had a homeless man that we converted, Keith, that took care of our property at night. The City ofMiami police officers didn't, but he -- we had to pay him. So we paid people to clean our area, and now that our area is finally getting good, instead of rewarding us, what they're trying to do is tax us, and tax us and tax us so the little money that we're making because of the financial situation that we're not making the money that we were making in the '80s, now they're trying to basically, you know, crap on us. I'm sorry to say it that way, but that's the way it is. And also, I'd like to know on this election, nobody came around our property to tell us about this new, new place that we're trying to get together to advance our property. Nobody came around, and we found out about the voting at the last minute. So what they're saying is completely wrong, and if you notice the people that are talking, City ofMiami Page 24 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 all those people, they got money. These are the big shots. How many lobbyists are there that are trying to get our properties? They're trying to do this to kick us out of the area, and we've been there -- my father-in-law has been there since 1950, and we've been there since 1970. We put up with everything and we've done it on our own. When are people going to do things on their own? I don't need a special committee to clean in front of my office. I'll clean it myself, andl don't want to be taxed $2, 000 to clean in front of my office to have some art deco type of garbage can. I'll do my own graffiti if you want. Chair Sarnoff And in conclusion. Ms. Scremin: But I don't want to be taxed $2, 000 a year when I'm barely making it. Applause. Chair Sarnoff In conclusion. Ms. Scremin: Thank you. Chair Sarnoff Thank you. Anyone else wanting to be heard? Elias Mitrani: My name is Elias Mitrani, 2612 through 2630 Northwest 2ndAvenue. I've been in the neighborhood -- I was in the garment industry since 1979, and I've had my share of crime. There's been a lot of problems. The answers from the -- and I'm not blaming the City. The Police Department said that, "We don't have enough manpower, " and it's true. But what we're trying to do now is with the BID, to take our own, put the money there so we can have our own private security, lighting so people will feel more comfortable to walk the streets, andl approve the BID 100 percent. Chair Sarnoff Thank you. Anyone else? The public hearing is now closed. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff No, there's no rebuttals. No. Is there anyone else wanting to be heard? Well, there's no special invitation. When somebody says -- David Polinsky: There's somebody coming on the other side. Sorry. Chair Sarnoff I'm going to tell you this: If you don't stand behind the podium now, you will not be heard. Thank you. You're recognized. Mr. Polinsky: Thank you, Mr. Chairman. My name is David Polinsky. I'm a property owner at 250 Northwest 24th Street in Wynwood. I'm a relative newcomer to Wynwood. I've only started spending time there about a year ago, and when I first started wandering around Wynwood, I was amazed by the number of people just coming to that place, staring at the walls with great enthusiasm and curiosity; not just tourists, but also locals coming back again and again with all this enthusiasm to see the changes in the neighborhood, andl think that kind of enthusiasm for a place is really precious. It's priceless not just for the property owners in Wynwood, but for all of Miami. And at about that -- a few months later, I realized, I'm a residential property developer. There could be an opportunity here. I started looking at assembling a few pieces of land on 24th Street, and this is December of last year, but within a few weeks of that period a young boy was shot riding a bicycle in the northeast corner of Wynwood. So I was presented with an opportunity thinking, you know, there's not much residences here, but there's also a lot of security issues, and when I heard about the BID, it gave me some of the confidence to go ahead and purchase the land. I thought this is a community that's taking control of its future, that's prepared to spend money to enhance security, to enhance maintenance, and as a residential City of Miami Page 25 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 developer, I need to know that the neighborhood's heading in the right direction so that my buyers and my renters hopefully will feel confident enough someday to reside in the product that I'm building. So I think the BID is a good thing not only for the neighborhood, but for people coming back to the neighborhood with enthusiasm, feeling safe, and having more things to do there. Thank you. Chair Sarnoff Thank you. You're recognized for the record. Raquel Ramos: Raquel Ramos, 120 Northeast 27th Street. My family has had property in the surrounding Edgewater and design district areas of this neighborhood since 1981, and we've seen the crime all around us for years, and have spent our own money in order to keep people away from our buildings and deter crime from our tenants, et cetera. When I heard about this BID, I have to say I think it's been a long time coming. I can only fully support it and feel that it will not only benefit Wynwood, but all of the surrounding areas of the City ofMiami, so I fully support the BID. Chair Sarnoff Thank you. You're recognized for the record, sir. Albert Garcia: Albert Garcia, 43 through 65 Northwest 23rd Street; 2041 North Miami Court and 2050 North Miami Avenue. I'm here speaking in favor of the BID, but also speaking as one of the smaller guys in the neighborhood. We're a family business. You've heard of other businesses of our size that have voiced an opposition, but from our perspective, it can't be anything but the opposite as far as the reasons to support it. We've been in Wynwood for over 25 years, and over the course of those years that people have already marked as the not -so -desirable periods of time in Wynwood, I can tell you that we had a very hard time retaining talent. As a business owner, we compete with the City of Doral, we compete with the City of Coral Gables. In the last five years, there's people who were actually excited to come to work at our company whereas maybe in the last 15 years, we had a very hard time retaining them, and our business obviously depends on that, and not to mention all the customers and the international buyers that travel from around the world to engage our business. It's a much safer place, a much more attractive place for businesses that are there to survive and for others to come, and, you know, I feel that something that has come from the community, it really is a grassroots effort that has brought this together. I received the ballot, I received notice, it was in the newspaper, it was in the media. I mean, you really had to have your head in the sand not to know this was coming and had ample opportunity to express your opinion. So in conclusion, I just want to echo that from a family business perspective, the smaller guy, not the big developer coming from out of town that's only been in town for three years or five years, this is going to let us stay for another 25 years. If this doesn't happen, our business might not survive. It might -- and mine, it definitely, probably would not survive in Wynwood for another five years or ten years, so this is critical to keep us small guys in business, so a different perspective, but one that I hope the Commission will also embrace. Chair Sarnoff Thank you. Mr. Garcia: Thank you. Chair Sarnoff You're recognized for the record. Glenn Orgin: Glenn Orgin, 2136 Northwest 1st Avenue, Miami 33127. I would just like to say thatl think the Wynwood BID is going to be an instrumental part of improving the Wynwood District. I deal a lot with international clients, and being able to bring them to the Wynwood District, and being able to walk in the evening -from my business maybe to one of the other local businesses, such as Panther Coffee or anywhere else plays a very, very important part of being able to bring business and income to the area, andl think that not only property owners such as myself, but other property owners will benefit from the rising value in their property as well. City ofMiami Page 26 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Like the gentleman before me, I believe that everyone's had an ample amount of time to vote for the BID, whether it was a "yes" or a "no." I'm a part of the steering committee, and we've been around now for many, many months. This gentleman has had many, many times and occasions to speak up, make himself heard, andl've never, ever met him in my entire life; neither have I met the gentleman in the glasses. And thank you very much. Chair Sarnoff Thank you. You're recognized for the record, sir. Tony Cho: Good afternoon. Tony Cho, Metro 1 Properties, 120 Northeast 27th Street, Suite 200, Miami, Florida. I opened my business eight years ago in Wynwood and have been working in the neighborhood since early 2000, 2001, andl've seen an impressive transformation which I'm proud to be part of. As to the BID, I think this is the next step that's going to take Wynwood to the next level. I think it's an important and instrumental step. The process has been completely transparent. We've engaged the community, and my hat's off to David Collins for all the work that he has done in the outreach; you know, hundreds of e-mails (electronic), letters, announcements on property owners' signs and all around town, and there's been a big buzz about it for a while. I'm really surprised, because we've been very open and engaging, that -- to hear any opposition and that no one had the opportunity to speak, because we've gone to great lengths to really engage the community. I think it's going to be a wonderful thing. Wynwood is really an international -- internationally recognized community and has an incredible future, and I fully support the BID. Chair Sarnoff Thank you. Anyone else wishing to be heard with regard to this issue that has -- no, no, no, there's no second redos. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff All right, thank you, sir. Unidentified Speaker: (UNINTELLIGIBLE) they never gave us notice. Chair Sarnoff All right. So right now, we must make a final decision on whether to levy special assessments as initially decided in Resolution 13-0136 adopted on April 11, 2013. Do I have a motion to approve the levy of a special assessment to the Wynwood Improvement Disrtrict? Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff We must now sit as an equalization board to hear and consider any individual complaints as to the special assessments, and we may adjust and equalize the assessments on the basis of justice and right. Anyone wishing to be heard, please see the Clerk and take the appropriate oath prior to addressing this Commission. Mr. Hannon: Chair, ifI may, I'll just do it all at the same time. Anyone wishing to speak under the equalization board portion of this item, may I please have you raise your right? The City Clerk administered oath required under City Code Section 62-1 to those persons giving City of Miami Page 27 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 testimony on the equalization board issue. Mr. Hannon: Thank you. Chair Sarnoff All right, you're recognized. Mr. Scremin: Anthony Scremin for the record again. What you've seen over here is all developers, the person -- and this is where it came wrong to begin with -- the one person who says he owned 35 properties or 3,500, however many it was, he got votes. He's the one from Goldman that's doing all this. Chair Sarnoff Okay, I'm going to recommend for the next minute you have -- what you're supposed to do is tell us why your assessment is wrong in terms of numeric [sic] or whether you have been listed as a retail establishment and you should be listed as a parking lot or something along those lines. The day of not having the assessment has just passed. Now you make a record for us to decide as to your square footage was incorrectly determined, you're not a retail establishment; whatever it is you need to tell us in terms of your appropriate special assessment. Mr. Scremin: I do not claim to be a retail establishment. I have a law office there, which is not a retail establishment. It's for individual people that are charged with crimes and other things, at 35 and 37 Northeast 26th Street. Across the street at 28, it is merely a storage facility. It is not something that is a benefit to the community other than the individual people who want to store property there, so on both of those terms, and also, like the other people that talked against this, it's another district. It's not the Wynwood District, and because of that, I should not be included in it with my properties. Chair Sarnoff So just so this Board might understand it, you're being charged as a retail establishment, but you think you're not a retail establishment; is that your --? Mr. Scremin: I'm not selling anything, a product or anything like that. Chair Sarnoff We're both lawyers. We could talk to each other. Mr. Scremin: Okay. Chair Sarnoff Are you being -- what rate are you being charged at? Mr. Scremin: I'm not sure. They told me it was going to be $1, 200 additional per year. Chair Sarnoff But this is your chance to say, "I'm being charged this much money because I'm this many square feet, and I'm being charged at a retail rate" -- I'm just saying hypothetically -- "however, I am a law office, " and you don't think a law office, for instance, might be a retail establishment. Mr. Scremin: Correct. Chair Sarnoff Do you understand what I'm saying? Mr. Scremin: But also, they're looking at the whole area on 20 -- 35 and 37 Northeast 26th Street, and only a small portion of it is actually office space there, so I think on that basis also, I'm being improperly evaluated. Chair Sarnoff Okay. Mr. Scremin: I think it's about 50-by-40, the actual office space there, or 50-by-50. City of Miami Page 28 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff All right. Thank you very much. Anyone else wishing to be heard on their particular assessment in terms of some issue with regard to the amount of square footage, the rate they're being charged? But you got to make a record for us to be able to make a decision on. Mr. Coyle, Sr.: Okay. My properties are located at -- I can give you the folio numbers if you'd like to have them -- on 25th Street -- 47 and 49 25th Street Northeast. It's zoned industrial as terminal for storage and so forth. My son has a paint and body shop and garage there, but there is absolutely no way that those two pieces of property are going to benefit from this program, which is good for Wynwood but -- Chair Sarnoff Just tell me a little bit. The benefit's not what we're talking about. You need to give me a square footage and say it's been miscalculated. You need to say to me "We're being charged as a law office" -- I'm using that hypothetically -- Mr. Coyle, Sr.: Charged as a retail. Chair Sarnoff -- and we're really a body shop. Mr. Coyle, Sr.: This is not a retail business. We're not allowed to sell anything there. Chair Sarnoff Are you being charged as a retail business? Mr. Coyle, Sr.: Yes. Chair Sarnoff Okay. And you have a problem with being charged as a retail business -- Mr. Coyle, Sr.: Right. Chair Sarnoff -- because people don't come to your establishment and pay money and have things done there. Mr. Coyle, Sr.: That's correct. Chair Sarnoff Okay. And you're saying -- is your square footage correctly assessed? Mr. Coyle, Sr.: No. It's a -- from what I tried to figure out in that we've got some derelict buildings there that are open and it's contiguous, the two pieces of property. He has his, you know, the building and the parking lot there, but they've added those buildings. Now, the county tax appraiser set those buildings at $10, 000 for each parcel. That's how much they think of the buildings. So I think it's quite unfair to, you know, to assess those like you were some -- you know, in a better area or circumstance. Chair Sarnoff Do you have any evidence you want to present to us, like an architect's drawing, or a metes and bounds survey or somebody that you want to present to us to show your calculation of square footage? Mr. Coyle, Sr.: I can begin to work on that when I get back home. The other piece of property is on Miami Avenue, 2425. It was part of the old David and Dash Building, and when they auctioned it off in bankruptcy, they cut that building in such a way as it's very difficult for anyone to operate any sort of business out of there, and because I was able to purchase it for about one -tenth what the people next door, everybody encouraged me, because they used it for storage, and that's what I've used it for. Chair Sarnoff Once again, do you have any evidence? City of Miami Page 29 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Coyle, Sr.: And that's all storage. Chair Sarnoff Do you have any evidence you want to present to us, either an architectural drawing, or a metes and bounds survey that shows us the wrong calculation in terms of your square footage? Mr. Coyle, Sr.: Well, it's calculated as a retail business. It's not. It's a storage. It's -- I use it -- my own personal use, just like the rescue mission and all those other people that have been exempted. They don't -- you know. Chair Sarnoff I understand. You want to provide us any documentation, any record --? Mr. Coyle, Sr.: I don't have anything with me. Chair Sarnoff Okay, thank you. Mr. Coyle, Sr.: I can provide you with documentation of what the assessor's office says that the buildings are worth. That building's worth $10, 000 according to the property appraiser, and I've got that. I can get that to you. Chair Sarnoff Give it to the Clerk. Thank you. Mr. Coyle, Sr.: All right. Thank you. Chair Sarnoff Yes, ma'am. Karen Parra: An empty lot at 127 Northwest 23rd Street, it's not a retail; it's an empty lot. The evidence is in your registration of empty lots, has been assessed, I think, $495; and the special assessment I don't think needs to be assessed, sir, for an empty lot. Chair Sarnoff And do you have any evidence that the square footage that they evaluated -- Ms. Parra: It's 4,500 square foot, sir, as shown on the property tax roll, sir, and it's just an empty lot. It's registered with the City ofMiami with Jacqueline Gil. Chair Sarnoff I get it. But are you disputing or refuting that the amount of square footage that they're claiming you have is different than what you say you have? Ms. Parra: No. Chair Sarnoff Okay. Ms. Parra: But how can you act -- it doesn't produce any income. It's an empty lot, according to your own vacant lot records so that police can enter it. It's already registered. Only the building on the other side should have to pay the assessment, sir. Chair Sarnoff Okay. All right. Thank you. Ms. Parra: Thank you. Mr. Hannon: Excuse me, Chair, could have the speaker's name for the record? Chair Sarnoff I apologize. Ma'am, I don't -- I have empty lot, 127 Northwest -- and I didn't quite get the street. City ofMiami Page 30 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Ms. Parra: Twenty-third Street. Chair Sarnoff Twenty-third Street. Ms. Parra: And the property owner also owns 130 Northwest 24th Street. I'm -- Chair Sarnoff So can I ask you -- Ms. Parra: -- power of attorney for Clyde and Ruth May. Chair Sarnoff Wait, wait. Clyde and Ruth Mann? Ms. Parra: May, M-A-Y. Chair Sarnoff And who might you be? Ms. Parra: My name is Karen Parra; P, as in "Paul"- A-R-R-A, sir. Chair Sarnoff And did you provide to the Clerk of Court written evidence of your power of attorney? Ms. Parra: I have it right here. Chair Sarnoff Could you leave that with the Clerk? Ms. Parra: Sure. Chair Sarnoff Thank you. Is there anyone else that wants, on a basis of their property assessment to contest their property? All right, David, you're recognized. Mr. Collins: Thank you, sir. I just wanted to clear up one or two statements. One is there was no such thing as an assessment for retail use. The square footage was used of various kinds. A vacant property was assessed at 11 cents a square foot. A second floor or up was assessed at 11 cents a square foot. A ground floor of a building was 22 cents a square foot and extra space on a property often used in Wynwood for parking, 11 cents a square foot; has nothing to do with retail, or storage or anything like that, it's just the commercial properties. In terms of Wynwood proper, of course, if you go to Wikipedia, you'll find that Wynwood ends at the Florida railroad tracks and Edgewater ends on the other side of the railroad tracks. This is also cited in the Miami Herald recently as well as the South Florida Daily Business Review. Those are my thoughts, and don't say this in an argumentative spirit, because at this point, Wynwood just needs to get together and take advantage of this remarkable opportunity. Thank you, Commissioners. Chair Sarnoff Okay, so we now have to take a vote on the properties that were before us. We had 47, 49, 24, 25, 127 Northwest 23rd, who provided some evidence, if you will that they didn't think they were properly assessed. So the motion to make is to move forward with maintaining the assessment as stated or to individually reassess the property. Vice Chair Gort: Could you repeat again the assessment? Excuse me I'm -- sir -- Chair Sarnoff David, could you give him the assessment again? Vice Chair Gort: David, yes. I want to make sure the people understand. City of Miami Page 31 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Collins: Yes. Vice Chair Gort: Okay. Mr. Collins: The assessment was discussed for like three or three and a half steering committee meetings involving 25 people participating, all of them property owners from Wynwood. What we finally came down to, because we were trying to keep it reasonable and yet enough to be effective in terms of security and sanitation. The amounts you're asking for, sir, because Wynwood has a lot of warehouses, we went with the ground floor of a built building, an adjusted square footage calculation of how many square feet of the ground floor, 22 cents. It's rare to find a lot of upper floors, but nevertheless, we recognized that that would make the property more valuable so that we decided that that would be half price at 11 centers a square foot. And then additionally, because there are some vacant -- in fact a number of acres of vacant land in Wynwood, we decided that that would be 11 cents a square foot and extra parking space on the property is also 11 cents. So we tried to come up with a modest amount that was an amount that the community could sort of gather around and say, "Yeah, let's go that way." Commissioner Spence -Jones: And they can't carve anything out? Mr. Collins: Can't -- I'm sorry -- Commissioner Spence -Jones: Carve anything out. I just want to be clear. Mr. Collins: The only -- Commissioner Spence -Jones: What happens if you say, okay -- well, let's say the lady that came up last, we're in agreement with her. What happens then? Mr. Collins: Well, I think that the contention that you're not governed by this in terms of the state statute, Commissioner, is we published and sent to everybody, including some of the people that have been -- spoken today; I hand -delivered at least one of them. We published the geographic boundaries. As such, it's been part and parcel of this legal process since the beginning, so to carve something out now would be I think difficult, but would defer to legal counsel on that. Ms. Xiques: Commissioner, the assessment roll was published, so -- and the assessment methodology was also made public. What happens today is you cannot -- well, you should not change the assessment for one property, because then all of the other affected property owners with similar properties wouldn't be treated equally, and that's not constitutional. So what you need to do is say, if you don't want to assess one person that has vacant land, then you have to fix the assessment roll not assessing any of the property owners with vacant land. It's one or all. If a particular property [sic] says to you, `7 was assessed at 4,000 square feet, but, really, I only have 2,000 square feet," and they can demonstrate that, then you can reduce the amount of their assessment. But as far as the 22 cents goes or the 11 cents goes, that's already been approved. You approved that when you -- on April 11 when you approved the process to go forward. Commissioner Spence -Jones: So if you're saying -- I just want to be clear. So if you're saying the only adjustment you could make is the vacant parcels of land that's owned by property owners, you did it for all the lands in the area, then that would address --? Ms. Xiques: Correct. You would have to actually change the assessment methodology that you approved and allow all property owners with vacant property to not be assessed, and that would greatly reduce the amount of monies that go into the BID. Commissioner Spence -Jones: So that's the -- David, that would be --? City of Miami Page 32 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Perez: Yes. And while these sound like very legalistic issues, they were really -- I mean, this was a knockdown, drag out verbal conversation about do we -- and, you know, we reduced it. We set it higher, we brought it down. We said, "We want to get this passed by a majority of the property owners, so let's make something that challenges us and raises the bar for Wynwood." That was the conversation. Commissioner Spence -Jones: I mean, I just -- you know, both Marc andl shared this -- shared this district andl know how many meetings WADA (WynwoodArtDistrictAssociation) has had; I mean a million and one meetings. So I'm just not -- it's clear as to, you know, you have property owners that show up now at the end that -- andl'm not just talking about regarding the -- you know, what we're voting on today. I'm just talking about just the meetings that you guys have on an ongoing basis beyond what we're voting on today, and it just would seem to me that there -- I mean I've attended some of those meetings, and I have never had any property owners show up and not be positive, and, I mean, I've been in this seat, you know, for the last two terms, and we -- there's no way in the world we could acknowledge that Wynwood has not transformed. Andl do understand that, you know, there's some concerns about the taxes, andl'm glad that we're able to hear them. I assumed that everybody was on board -- nobody is ever going to all be on board, we understand that, but it -- based upon the meetings and the communication I've had and even the meetings we've had here -- you know, we've had meetings that have come in front of us that were publicly advertised and no other property owners ever came up to say anything. So this is kind of like almost shocking to me, because I'm like, well where was -- where was everybody -- where were you guys, you know? Andl know that the area has definitely transformed I know that it's a lot safer and it's a lot cleaner than it's ever been, you know, and it is or has become, you know, a major attraction to an area, quite frankly, that no one was really paying attention to so -- andl know for a fact with WADA -- I mean I beat them up over and over again about key issues regarding folks that have been there forever and people that live in the Wynwood neighborhood, and making sure that there was some, you know, working relationship with the folks that are there, so to hear in the end, I guess it's a little -- it just doesn't seem to be making sense to me, and so, you know, I heard the last young lady. I mean, I kind of hear, you know, her viewpoint and feel what she may be saying. I mean, obviously, her property is not at the same state as the others, you know, so does -- should we punish her, as well? I mean I'm -- that's the feeling, because, you know, we're now assessing all the vacant land in the area and that those dollars actually go back into the area. I'm just concerned about making that kind of decision. The other areas, I mean I'm not really focused that much on, but I am focused on those vacant lots and those folks that have been having those lots, and now they're going to have to pay even more on land that quite frankly is not producing anything, so that's where my concern is, andl'm hoping that you can help me debug that, because, I mean, I support the BID 100 percent. As a matter of fact, Marc andl were the main ones pushing to make this happen, andl know that this started with Marc's leadership and what he did to kind of put the Coconut Grove situation back in place, and this was the next big step I thought. So, I mean, I would like you to say something, Mr. Chairman. I mean I just want to be clear, because I know, really, your office has really been the one working along with David. Chair Sarnoff I appreciate that, Commissioner. You know, change is inevitable. You know, I listened to everybody say, `7 owned this property since 1970." I could tell you in 1974, the United States passed the Caribbean Basin Initiative. The Caribbean Basin Initiative essentially made sure that Wynwood became a nonviable place to manufacture clothing, because the Caribbean received special tax treatment, and we sent all of our manufacturing textile down to Jamaica, Haiti, you name it, and it was a big initiative in the '70s. So that became one of the cycles of life, if you will, of Wynwood, where it started on a downward cycle, because, as you know, probably around the time -- you came to office but a little earlier it was just filled with shoe warehouses. Commissioner Spence -Jones: Yeah. City of Miami Page 33 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff And those shoe warehouses -- well, probably Commissioner Gort probably remembers it better than either one of us -- those shoe warehouses were where we assembled and sometimes manufactured shoes, and then the tax incentive for that went out the window as well. So Wynwood started on the development cycle that you and) now know -- Commissioner Spence -Jones: Yeah. Chair Sarnoff -- probably you before me, because you were here I think two years before me, and it started the arts, if you will. Tony Goldman, and) don't want to leave Lombardi out, and if I leave somebody out, I apologize, but it started with what Manny Diaz called "live/work, " remember that? Commissioner Spence -Jones: Yeah. Chair Sarnoff The artists were going to have to be able to work in their facility, and they could also live in their facility, and it became Art Basil, and then Art Basil became Miami Basil, and that's its generational change it's going through. Commissioner Spence -Jones: Yeah. Chair Sarnoff The properties probably were at their lowest value probably late '80s, early '90s; high crime problem, no two ways about that; big truck problem, no two ways about it. We don't have the resources, as you know, just on the number of square footage of cops to handle it, and what happens is you take a Tony Goldman. I don't know if anybody does or does not know Tony is a famous man, was a famous man; went into New York City, went into some very depressed neighborhoods, which today is called SoHo (South of Houston Street), Chelsea; then decided to -- and brought up SoHo and Chelsea; then decided to go to South Beach circa -- what? -- 1983, 1984; then created South Beach, and then decided his next project would be Wynwood, and you're seeing -- you know, Tony just didn't make it quite to the very end. I think he's kind of looking down on us right now, and Tony's saying, `7 hope you guys make it to the finish line, because I did everything I could do. I put my shoulder to this boulder and pushed as hard as I could." So, you know, change is inevitable, Commissioner. The people's property that say, you know, it's not worth this, it's not worth that, will inevitably sell, and they will reap the benefits of property all around the area, with theirs included, that will just go up in value. And last word -- and I apologize, Commissioner Gort. A vacant lot, is that good for Miami, a vacant lot? Is that a policy we want to help foster, or do --? You know, there's an old saying, and I'll quote Johnny Winton, and I don't quote Johnny Winton very often. There's two kind of property owners in this world: Those that hold property and those that use their property. And, you know, holders hold us up, and users employ people. Vice Chair Gort: Midtown, when was Midtown -- when did it come aboard? Chair Sarnoff In 2004 was the construction phase. Vice Chair Gort: Because I know the City was trying to get rid of that facility for a long time, so finally, you were able to do it, so. Commissioner Spence -Jones: So David, let me ask you something. Are there a lot of abandoned vacant lots? I mean, I know Wynwood, so are there really a lot of abandon -- it's not even a lot of them, though, right? Mr. Collins: No, there's not a lot. And then -- Commissioner Spence -Jones: Abandoned -- not abandoned. I mean, vacant lots. City of Miami Page 34 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Collins: -- in fact, in terms -- Commissioner Spence -Jones: We've got very few of them. Mr. Collins: In terms of vacant lots, "A," they're somewhat used during the monthly gallery walks to park cars and generate revenue, some of them are, but the vacant lots are right at the core of the future. I mean, those lots are going to be incredibly valuable because -- Commissioner Spence -Jones: I got you, I got you. Mr. Collins: -- Exactly. Commissioner Spence -Jones: I got you. Mr. Collins: Because they're going to be developed, and they're going to be developed, because it's safer and cleaner -- Commissioner Spence -Jones: I got you. Mr. Collins: -- and it's exciting art. Chair Sarnoff You know, Commissioner, I don't know if you know this: There's a bank -- that kind of blew me away -- there's a bank moving to Wynwood called CI Bank, andl hope they come to see you. They did come to see me. I think it's really cool that we're going to have a bank in Wynwood. Commissioner Spence -Jones: Yeah. Chair Sarnoff And a large bank, by the way, from Tampa. Its only branch office in Miami will be Wynwood, and if you look at the design of their building, like you would think it's more like -- Commissioner Spence -Jones: An art -- Chair Sarnoff -- it's someplace you want to hang out, because they're going to do a Wynwood thing. Commissioner Spence -Jones: Okay. Chair Sarnoff So what we need to do is vote to approve the assessment as assessed for these four properties. Ms. Xiques: Correct, and you need a separate vote for each. Chair Sarnoff I get that. All right, so on -- Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Thank you. On 4749 Southwest 25th Northeast, we need to have a vote to assess that as taken, so it's a motion. Commissioner Spence -Jones: Right. Because you -- What comment is he making? I'm just trying to be clear of the comment he's making. Chair Sarnoff He's -- City of Miami Page 35 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: Is he in this match? Vice Chair Gort: He said he's not in the area. Chair Sarnoff He's saying -- Vice Chair Gort: What's the address? Chair Sarnoff He's saying -- he spoke already -- Commissioner Spence -Jones: Yeah, I know. I got that. Chair Sarnoff -- and he's saying he's not in Wynwood. But he is in Wynwood. Commissioner Spence -Jones: He's in this district. Chair Sarnoff Yes. Commissioner Spence -Jones: Okay. Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Gort: Move it. Unidentified Speaker: -- an empty lot. (UNINTELLIGIBLE). Commissioner Spence -Jones: Second. Chair Sarnoff All right, we have a motion, we have a second. All in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff We have 2425 North Miami Avenue, so the motion would be to vote as assessed. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff We have the empty lot at 127 Northwest 23rd Street; motion as stated previously. Vice Chair Gort: Eleven cents, square foot, yes. Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort. Commissioner Spence -Jones: You might want to pass the gavel on that one. Chair Sarnoff Second. City of Miami Page 36 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: Okay, it's been moved and second. Discussion. Chair Sarnoff Call the question. Vice Chair Gort: All in favor, state it by saying "aye." Chair Sarnoff Aye. Vice Chair Gort: Aye. Commissioner Spence -Jones: No. Vice Chair Gort: No? Okay. Chair Sarnoff Okay. Didl get all the properties? Vice Chair Gort: Yes. Ms. Xiques: You did. Chair Sarnoff Okay, now we have to -- I'm looking at my -- here it is. Ms. Xiques: Well, the problem is that you have not adopted a motion, one way or another, addressing that last folio so -- Chair Sarnoff As assessed. Ms. Xiques: Oh, you did pass? Vice Chair Gort: (UNINTELLIGIBLE). Ms. Xiques: Oh, okay. Chair Sarnoff As assessed. Vice Chair Gort: Yeah. Ms. Xiques: I'm sorry, my apologies. So now you would go on to First Reading 1, FR.1. Chair Sarnoff All right, my notes say we have to then vote on PH.5 in total. Now, would you be satisfied we don't need to do that? Ms. Xiques: Once Commission -- yes. Now, you vote on PH.5, correct. I apologize. Chair Sarnoff Well, I hate correcting the City Attorney. It's a tough thing to do. So we need now a motion to adopt PH.5. "So move" would help. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Spence -Jones. All in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Page 37 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 5:00 P.M. PH.6 13-00713 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 144 AND 152 SOUTHWEST 8TH STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL VIEW, A MULTI -LEVEL APARTMENT BUILDING WITH SIXTY FOUR (64), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B) (1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. 13-00713 Summary Form.pdf 13-00713 Notice to the Public.pdf 13-00713 Legislation.pdf 13-00713 ExhibitA.pdf 13-00713 Exhibit B.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Note for the Record: Item PH.6 was deferred to the September 12, 2013 Commission Meeting at 5:00 p.m. PH.7 RESOLUTION 13-00721 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 1026 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL TOWER, A MULTI -LEVEL APARTMENT BUILDING WITH THIRTY TWO (32), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B) (1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. City of Miami Page 38 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 13-00721 Summary Form.pdf 13-00721 Notice to the Public.pdf 13-00721 Legislation. pdf 13-00721 Exhibit A. pdf 13-00721 Exhibit B.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Note for the Record: Item PH.7 was deferred to the September 12, 2013 Commission Meeting at 5: 00 p.m. PH.8 RESOLUTION 13-00722 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 850 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF VISTA GRANDE APARTMENTS, A MULTI -LEVEL APARTMENT BUILDING WITH EIGHTY NINE (89), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELDAREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. SR.1 13-00359 13-00722 Summary Form.pdf 13-00722 Notice to the Public.pdf 13-00722 Legislation. pdf 13-00722 Exhibit A. pdf 13-00722 Exhibit B.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Note for the Record: Item PH.8 was deferred to the September 12, 2013 Commission Meeting at 5: 00 p.m. ORDINANCE END OF PUBLIC HEARINGS ORDINANCES - SECOND READING Second Reading City of Miami Page 39 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 District2- ITEM TO BE DEFERRED INDEFINITELY Commissioner Marc David Sarnoff AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 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) FR/SR.pdf INDEFINITELY DEFERRED Daniel J. Alfonso (Acting City Manager): Mr. Chairman. Chair Sarnoff Who's calling me? I'm sorry. Mr. Alfonso: Just real quick. SR.1, I was asked to put on the record that the item is indefinitely deferred. Commissioner Spence -Jones: SR.1 (UNINTET,T IGIBT ,F). Mr. Alfonso: It was on the agenda, but I was asked to put it on the record. Chair Sarnoff You're right. I -- thank you very much. Commissioner Carollo: Do we have to take a vote on it? Chair Sarnoff No. Todd B. Hannon (City Clerk): It's actually the -- Chair Sarnoffs item, so it's not necessary. Chair Sarnoff So I'll only -- and I told you I would only bring it back until we do the -- Commissioner Carollo: No, I don't have a problem with that. I just didn't know if we had to take a vote on it. Chair Sarnoff Okay. SR.2 ORDINANCE Second Reading 13-00756 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO ALLOW CONSTRUCTION OF SINGLE FAMILY HOMES ON LOT(S) OF RECORD THAT HAVE BEEN SUBDIVIDED INTO REMNANT LOTS UPON REVIEW BY THE PLAT AND STREET City of Miami Page 40 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 COMMITTEE, SUBJECT TO COMPLIANCE WITH MIAMI 21; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00756 Summary Form SR.pdf 13-00756 Legislation FR/SR.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 13401 Chair Sarnoff Okay, anybody want to do -- what else; any time certains? We are -- Commissioner Spence -Jones: I thinkl -- Chair Sarnoff Am I out of time certains? Commissioner Spence -Jones: I don't think we have any more time certains, do we? Chair Sarnoff We do not -- 4 o'clock -- no, we're going to wait for Suarez to come back for that. Commissioner Spence -Jones: So can we just clean up like -- Chair Sarnoff Yeah, we'll clean up now. Commissioner Spence -Jones: Okay. Chair Sarnoff You want to start anywhere? I'll let you decide where we start. Commissioner Spence -Jones: I think SR.2 is where we need to go now. Chair Sarnoff Nonconforming lot? Commissioner Spence -Jones: Everything else we did. Chair Sarnoff All right, SR.2, Mr. Manager. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. SR.2 is an amendment of Chapter 55 of the City Code in order to amend the subdivision regulations in Section 55-10 to allow construction of single-family homes. Commissioner Spence -Jones: So moved. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Gort. It's a public hearing. Anybody wanting to be heard on SR.2, SR.2, please step up. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, this is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on Item SR.2. A roll call was taken, the result of which is stated above. City of Miami Page 41 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 SR.3 13-00747 Office of the City Attorney Mr. Hannon: The ordinance passes on second reading, 3-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY", MORE PARTICULARLY BY AMENDING SECTIONS 35-348 THROUGH 35-350 TO CODIFY THE USE OF HEARING OFFICERS/SPECIAL MASTERS AND A HEARING PROCESS FOR DISPOSING OF TRAFFIC INFRACTIONS IN THE CITY CODE PURSUANT TO CHAPTER 2013-160, LAWS OF FLORIDA TO CONTINUE THE TRAFFIC INFRACTION DETECTOR PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00747 Memo - Office of the City Attorney SR.pdf 13-00747 Florida House of Representatives FR/SR.pdf 13-00747 Description of Hearing Procedure - Red Light Camera Safety Prgm. SR.pdf 13-00747 Legislation (Version 2) SR.pdf 13-00747-Submittal-Chair Sarnoff (1).pdf 13-00747-Submittal-Commissioner Suarez. 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez 13400 Chair Sarnoff All right. RE (Resolution) -- where are we? SR.3, which is the red-light camera at 10 o'clock, time certain. All right. Vice Chair Gort: My understanding is this was postponed to have some of the Commissioners -- Chair Sarnoff Commissioner Gort, I agree with you. I think it's just time to call the question. Commissioner Spence -Jones: Well, actually, I think it's time to -- from our last meeting, I thought that one of the things that at least I know I requested was I really want to hear from my fellow Commissioners on this issue. We said that we were not going to open it up to the public, which I agreed, but I think it's important to hear from them. Chair Sarnoff I thought we were going to call the question, but if the Commission wants more debate -- Commissioner Spence -Jones: I mean, that was -- I mean the whole purpose -- I mean, my request was based upon me hearing from them. Now, if they don't have anything to say, then I think that's the next move, but I do want to give them the respect to at least say that they reviewed the information and this is what they came back with. Chair Sarnoff Okay. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Yeah, I do have some additional information City of Miami Page 42 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 from the last Commission meeting, andl think it bears kind of repeating, andl know that many of you who were here at the last Commission meeting kind of got to see what our frustration on this issue stems from. A lot of it stems from the fact that it was brought before this Commission on an emergency basis without any sort of backup information to justify either the emergency or this enormous procedure that the State Legislature was requiring cities to adopt. Then we deferred it for the last Commission meeting two weeks ago, and yet again, the information for how this process was going to unfold, how the City was going to administer this very arduous and extensive program was not provided to the City Commission until -- after lunch there magically appeared a memorandum detailing the City's plans, which, of course, we could have five-day ruled, but we did not. We gave the Administration yet another opportunity to present information. And my concerns stem from a variety of issues that I discovered in the interim, in the last two weeks. First, one of the things I mentioned at the last Commission meeting was that other cities have set the fee way above what the City ofMiami is saying that they can do the program for. Pinecrest just recently set it at $150. And the fact of the matter is that the Administration wants us to basically take their word for the fact that -- the way they arrive at their number is based on a variety of assumptions thatl may not agree with. For example, they assume that the Office of Hearing Boards will be able to run the entire program by hiring two full-time clerks. Currently, the Office of Hearing Board [sic] handles about 500 cases per month with a staff of seven people. The Administration is proposing to increase their case load by 300 percent roughly, from 500 to 1,500 or more, while increasing their staffing levels by only 30 percent. The Office of Hearing Boards will have their hands full because they will have to receive and process affidavits; transferring liability; funeral processions; other persons in control of vehicle, et cetera; receive requests for appellate hearings, about 1,200 a month that we've identified; set cases for hearing; receive requests for extensions; reset those cases; process and preserve evidence; track the disposition of cases; and provide information to the state within statutory time frames. I'm not so sure that the $85 is a realistic estimate, and from my perspective, the -- what's before us is to adopt the state legislation, not setting the fee at a particular amount. The state legislation, as I mentioned before, allows the fee to go up to $405 after the appeal is paid. If we're supposed to take the Administration's word that we're not going to change the fee and that things are not going to be done without Commission approval, I would urge you to be cautious, because what this Commission may not know that I discovered in the last two weeks is that even though this contract was amended once by City Commission approval, it's been amended twice since without City Commission approval. I don't know if the Commissioners are aware of that. But it was amended on April 3, 2013 with no Commission approval, purporting to change the scope of work to include 35 additional cameras. It was amended again, the third amendment, with no Commission approval, purporting to change the scope of work to include 20 additional cameras. There is another major, major concern that I have which goes to the credibility of the information and the credibility of the Administration on this issue, and that goes to the fact that in our packet, they provide us the legislation, the amendments to the legislation, except they leave out some pages. So whereas in our packet, they give us up to page 29 of the legislation, the legislation continues beyond page 29, and there are substantive issues beyond page 29. In my opinion, there's a bomb on page 30, and that's that page 30, under Section 318.153, which the Administration did not give us, neither on an emergency basis nor after we admonished them for not giving us the complete backup at the last Commission meeting when they had two extra weeks, when we admonished them again for not giving us the backup on time, they still did not provide us with the entire piece of legislation and how it affects the citizens of the City ofMiami or anyone who's ticketed under this new procedure. Section 318.153 creates a new penalty for individuals who fail to appear at a scheduled hearing or fail to pay their ticket within 10 days of a hearing. Under the new law, these individuals cannot renew the registration for any vehicle registered under their name. What does this mean for our residents? Number one, one example: It means that a single mother who fails to appear at a scheduled hearing, for whatever reason, cannot renew her registration and may not be able to renew the registration of her children's vehicles, because the legislation says that it's any vehicle that you own or that you co-own. That could result in the entire family losing the ability to drive. It means that an elderly couple on fixed income may City ofMiami Page 43 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 both lose the ability to drive if one of them fails to pay a camera ticket within 10 days of an appellate hearing. I had a constituent that called and said she had made a mistake and not paid the correct amount, paid slightly less than the 158, and by the time the payment was processed and sent back, the fee had escalated, and had she not paid the elevated fee, she could have had her license revoked, her -- not her license, I'm sorry -- her tag not renewed and her decal not renewed. As far as I can tell, there is no other traffic infraction in the entire state that carries this mandatory penalty. There are two others that make it suggestive that the state could add -- if you don't pay your tolls or if you don't pay your traffic tickets could add you to a list where you wouldn't get your tag renewed, but there is no other provision, as far as I know, that makes it mandatory. And the worst part is that the new law forces the City to be complicit in the scheme by requiring the City to send the names of these individuals to the state. The other thing that could happen is a child, you know, gets a ticket, hides it from their parents, doesn't pay it, doesn't go to the hearing, and then, you know, their parents who, unbeknownst to them, co-own a vehicle with the child, their registration is invalid. My concerns regarding the new appellate procedure are not just concerns of this Commissioner. They've been reported in newspaper articles throughout the state. They've been reported by the Tampa Bay Tribune on May 6, 2013; the Orlando Sentinel on May 18, 2013; the South Florida Sun Sentinel on May 19, 2013, and the Miami Herald on July 20, 2013, andl want to offer a copy of those articles for the record, please. These publications have reported on community concerns about the following: The cost of the procedure, potential conflicts of interest with the magistrates being members of or paid by the city in question, elimination of the rules of evidence, and potential for abuse. Several cities across the country -- big cities by the way -- have done audits of their camera programs, and in Los Angeles, for example, the best practices recommend that jurisdictions implementing a red-light camera program first consider other solutions which may have a more direct impact on public safety, such as a change in approach speed, newer technology, or engineering redesign. The following entities require the completion of an engineering analysis before installing a camera at any intersection: Virginia Department of Transportation, the State of California, and the Texas Transportation Code. Some of the issues that were raised in those audits in terms of the selection of intersections and whether the programs are really being used for safety or are being used to generate revenue. In Los Angeles, the audit findings state that the method used to select the 32 locations for camera enforcement eliminated, actually eliminated some high -risk intersections. So in that particular municipality, they actually were eliminating some intersections that could be considered high risk. In Tallahassee, there are several intersections where it does not appear the number of violations justify the need for red-light cameras. In Denver, two of the four intersections selected for enforcement were not among the top 25 most dangerous intersections in the city. One of the locations was not even in the top 100 most dangerous intersections. In Chicago, the Chicago Department of Transportation was unable to substantiate its claims that the City chose to install red-light cameras at intersections with the highest angle crash rates in order to increase safety. Other cities have cited a lack of reliable data. Tallahassee, again, "Due to the lack of consistent and reliable data, we have not concluded as to the impact the red-light camera program has had on public safety at the applicable intersections. And Chicago: "We have found a lack of basic recordkeeping and alarming lack of analysis for an ongoing program that costs tens of millions of dollars a year and generates tens of millions more in revenue. And in Denver, they stated that -- the audit finding stated that increased revenues or not having justified the safety impact of the program creates a risk that the public may potentially see the red-light camera program as a revenue generator rather than a public safety program. So I think, you know, my perspective is and the reason I'm dead set against voting in favor of this -- adoption of this appellate procedure is because this has not been handled well by the Administration from day one. They failed to provide us information on an emergency basis; failed to provide us information two weeks later, you know, eliminate negative information from the agenda, and I'm not saying they did it purposefully, but it just happens to not be there. It wasn't there on first reading, it wasn't there on second reading, and it's not here, you know, now. So it just seems to me that, you know, there is information that has been hidden from us, andl can't support a piece of legislation that, number one -- in addition to, by the way, all the other concerns that I expressed at the last City of Miami Page 44 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commission meeting, which I reincorporate by reference -- number one has no -- gives me no confidence that this City can administer it in a much more efficient manner than other cities that have already adopted the fee, where there is no restriction on the City being able to increase it up to $400 and where one of the penalties that exists in this procedure is a penalty that I think would be tremendously harmful and unfairly harmful to many of our residents. Thank you. Chair Sarnoff Thank you. Anyone else? Commissioner Spence -Jones: Carollo -- it was the two of them. Chair Sarnoff Oh, Carollo. Sony; Commissioner Carollo. Commissioner Carollo: I'm ready to vote. Commissioner Spence -Jones: All right. I do have a couple things that want to add, andl thank you, Commissioner Suarez, for your input on the issue. I think that you've actually brought us some pretty valid points in this discussion. First thing that I wanted to -- 'cause I don't want us to have unhealthy discussion and not have a resolution. It is obvious that you guys have had an opportunity to review the information and you're somewhat in the same position you were in the very beginning, but at least with more information. But the first thing that I want to address that you brought up, which I thought was a great point, andl want to get clarity from the Administration on it is the issue around the contract for red-light cameras and the fact that there were approvals that were made without coming to the City Commission, meaning the additional cameras that actually came in. Andl think that's a very good point, andl don't think we've really even delved in that before, but can we address that issue really quickly? Is there any way that we can make some necessary changes on that now so that any additional cameras that are actually put in place that there is Commission approval for that? Because I think that -- Commissioner Suarez, I think that's a great point that he's brought up, so can you speak to that for me really fast? Alice Bravo (Chief of Infrastructure): Good morning. Alice Bravo, Assistant City Manager. The original contract had a provision that allowed it to be amended administratively for the addition of additional cameras, and in each circumstance where additional cameras were approved, there was a memo sent out in advance to all Commissioners and the Mayor advising of what -- how many cameras would be implemented through the next phase, so certainly, this is a contract between two parties and if both parties are agreeable, we can amend it. Commissioner Spence -Jones: I think that it's necessary to do that, because, obviously, at least one of these Commissioners up here feels that it's necessary, andl think that's a great recommendation that he's made. So is there any way that we can address that issue -- Ms. Bravo: Yes. Commissioner Spence -Jones: -- that there is -- I mean, I know you sent a memo out, but you send out a million memos. Ms. Bravo: Correct. Commissioner Spence -Jones: So is there any way that -- Mr. Manager, so how do we address that issue right now? Ms. Bravo: I think merely through resolution of the Commission today, that we bring back any future amendments for Commission approval prior to issuing that without an amendment to the contract. City of Miami Page 45 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: All right. Vice Chair Gort: We can make it part of the motion. Commissioner Spence -Jones: Okay. So we can include to make sure that the contract is amended and addresses Commissioner Suarez' viewpoint and concern on the issue. The other thing that -- didn't really come up in this discussion, but it did come up in the last one, is the reduction of cameras that we see. So if we see that there's a decrease of any incidents happening at certain lights -- I know we talked about this last time -- instead of just continuing to put cameras after cameras, what is our plan to address if we're seeing a reduction? Ms. Bravo: At this moment we did not have -- Commissioner Spence -Jones: I can't really hear you, Alice. I don't know why. Ms. Bravo: Good morning. At this time, there were no plans to add additional cameras. If there are any cameras that are of concern, we can evaluate them with the vendor. There may be a cost associated with having a camera removed. Commissioner Spence -Jones: Okay, because I know that -- andl don't know if that's a George question or Police question, but I know that in our last hearing, we talked about the issue of certain areas, we have seen a decrease for a certain period of time; that, you know, one of the recommendations or thoughts was that we would remove some of those cameras. George Wysong (Assistant City Attorney): The contract contemplates that those intersections that are not -- for lack of a better term -- productive would be analyzed and those cameras could be removed based on mutual agreement of the parties, because it serves nobody's -- I mean, the issue is, is there still a safety concern there? It may not be productive as far as revenue, but it may be a dangerous intersection, so we might want to leave that camera there just for that purpose. Commissioner Spence -Jones: Right. Mr. Wysong: But in the event that it serves no purpose, the contract allows removal. Commissioner Spence -Jones: Right. So I just would want to, at least in this discussion, make sure -- I don't know if there's a way that we can include this as a part of the overall amendment -- that the Administration does an assessment of existing cameras and where we've seen perhaps a reduction of any accidents or incidents at those particular lights that we would remove those cameras, so I would like to have an assessment done; although I think you guys mentioned in the last time certain intersections you have seen a reduction, so I'm willing to believe that that mindset has changed when it comes to some of those streets. Ms. Bravo: We'll perform the assessment. Commissioner Spence -Jones: Okay. And then last but not least, I thought -- I think that the one thing that he mentioned, which I thought was also a very -- another very great issue, was the issue of the penalty and the registration and the example that he used of a mother, a single mom. You know, clearly, you know, her 17 year -old son drives her car, gets a ticket, okay. She doesn't know he's -- she's gotten a ticket. How are we addressing this? Are we looking at addressing this in --? Mr. Wysong: Couldl address that real quick? Commissioner Spence -Jones: Sure. City of Miami Page 46 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Wysong: Because currently, prior to the amendment of the statute, that same mother, if she didn't appear or didn't pay her ticket, could end up with a suspended license. And if she had knowledge that she was driving with a suspended license, she's subject to arrest, custodial arrest; taken to jail, processed like a routine criminal. So this procedure is actually a little less onerous upon the motorist who doesn't pay. It's almost like a lien, if you will. It's not an instantaneous tag revocation. What it means is that when they come upon the time, usually around your birthday, that you have to renew your tag, the state will not renew it because you have an outstanding red-light camera ticket. So that's how it will really affect the motorist. Vice Chair Gort: Let me ask a question. Ms. Bravo: And additionally, right now, before the amendment, someone would only have 30 days. So if, for some reason, you know, they misplaced their citation or their notice of violation, they would not have time before it automatically turned into a uniform traffic citation that could affect their driver's license. So now there's a 60-day period and an option to process the notice of violation through a City proceeding and where your driving record on your driver's license is never affected. So the law was meant to provide citizens with more options and a more lenient process. Chair Sarnoff Commissioner Gort. Commissioner Spence -Jones: Without being -- I'm sorry. Vice Chair Gort: Let me ask a question, add a little bit more to it. My understanding, this legislation gives the City the authority to conduct a hearing. The City has the ability -- because we talked about people not able to afford. My understanding, when you go to court, you get a ticket, you can work out a payment plan. At the same time, if you have some type of problem, you can appeal that. We can -- can we incorporate that in our procedure where we can ask the individual; if the individual does not answer and the ticket is not paid, then we send a second letter and make sure they get advised there's a violation that's taking place before anything else happens? Can we do that? Ms. Bravo: Well, right now someone has 60 days to request -- Vice Chair Gort: No, no, forget about the 60 days. Ms. Bravo: -- the notification. Vice Chair Gort: My understanding is the City ofMiami becomes the court. Ms. Bravo: Right. And we can offer them a payment plan. Vice Chair Gort: A payment plan. At the same time, if someone does not answer within 60 days, we should be able to notift, that individual by writing -- Mr. Wysong: Yeah. Well -- Vice Chair Gort: I'm asking a question. Mr. Wysong: Right. The way the statute is written, if the violator does nothing -- they don't respond; they get the notice in the mail, they don't do anything -- after 60 days, they are summoned to court. They receive a notice in the mail saying they must appear in traffic court. And if they fail to appear there, they may be picked up by a police officer as a bench warrant or something like that, or the case would be automatically found to be -- whatever. If however, City ofMiami Page 47 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 they request a hearing of the City and they fail to appear, it never really goes to the traffic court. It would just be heard by the special master of the City, likely found guilty because of their waiver of their appearance, and then the only penalty they would face is they would have to pay the 158, plus the 85, plus their tag would be suspended until such time as they paid those fees. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: Thank you. I respectfully kind of disagree with the City Attorney's opinion, and the reason why is -- and I'll give you an example. Ifyour -- you have one car in a household and you're married and one person is driving the car -- the husband, let's say -- and he gets a ticket and goes on a payment plan, but they fall on hard times and they can't make the payments, then that person's license is suspended. But in addition to that, if that person's license is suspended, maybe the wife, the next day, would be able to drive him to work and drive herself to work. But in addition to that, they would not be able to renew their tag. So now the whole entire car is out of commission. So now, a family -- right? Am I correct? Mr. Wysong: Well, if your license is suspended, not only is your tag out -- your car out of commission, but you can't drive your neighbor's car, a rental car or -- Commissioner Suarez: No, no, no, that's not what I'm saying. I'm talking about a husband and a wife. If the husband's license is suspended, the wife can still drive the car, correct? She has a valid license. Mr. Wysong: If the wife's license is -- Commissioner Suarez: Right. Mr. Wysong: -- not suspended, sure. Commissioner Suarez: But if her -- if the tag is revoked for a car that they co-own, can she still drive the car, their only car? Mr. Wysong: If her renewal period comes up and she doesn't renew and she has an expired tag, no, she cannot drive the car. Commissioner Suarez: Right. Thank you. Chair Sarnoff Or if she got a parking ticket and didn't pay her parking -- wait, wait, wait -- she didn't pay her parking ticket -- Commissioner Suarez: It's different. Chair Sarnoff -- she equally would not be allowed to renew that tag. Commissioner Suarez: I disagree. If you look at the statute, it's different. The statute compels the City to put it on a registry and this -- look at the statute. It's different. In the case of a parking ticket, in the case of a toll, it says the City "may." Do you want me to bring you the statute? Chair Sarnoff No, I know, but I know the practice. Commissioner Suarez: Right. City of Miami Page 48 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Practice of the City -- Commissioner Suarez: City doesn't have to do it. They have to do it in this circumstance. Chair Sarnoff No, but -- Commissioner Suarez: They're compelled. Chair Sarnoff -- the practice of the City -- any 37 municipalities is they report people who fail to pay their parking ticket. The reason they do so is so that they cannot renew their tag; the same scenario as you have right here. So a parking ticket that blows off your windshield potentially has the same ramification as the person who refuses to follow what their certified receipt mailers come and say to them. So it's an issue that equally applies -- equally, if you will -- with regard to somebody who doesn't pay their parking ticket. Commissioner Suarez: I would disagree respectfully, because it requires three parking tickets, not one. So it would have to be a very windy couple of days or months so. Chair Sarnoff July was windy. Commissioner Spence -Jones: All right. I don't know if you want to respond. I just have my last comment, and then I'll just basically give my viewpoint on it. But the issue came up again in this meeting and it came up in the last one regarding the cap amount, andl know I was going back and forth on this, what the state will allow for you, George -- George, right? Mr. Wysong: Right. Commissioner Spence -Jones: Wysong. -- that there is -- so this $400 amount that this -- that possibly can be an issue for a resident or a driver. Is there any way -- even though the state allows for us to go to a certain amount, is there any way in -- from a legislation standpoint, as we sit up here, is there any way that we can create a cap that we will not go over to not make it so difficult on the residents or --? Ms. Bravo: If I may. Right -- Commissioner Spence -Jones: Because we're really actually setting the amount, correct? Mr. Wysong: No, we are not. Commissioner Spence -Jones: No? I mean -- Ms. Bravo: What the -- Commissioner Spence -Jones: No, the 400 and -- Mr. Wysong: Right. Commissioner Spence -Jones: -- (UNINTELLIGIBLE) -- Mr. Wysong: What the Administration -- Ms. Bravo: The Administration -- Mr. Wysong: -- is doing is they're advising you what their projected administrative costs will be based on everything -from beginning to end, that is, the assessment. We've heard, for example, a City of Miami Page 49 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 smaller jurisdiction is going to be charging $250, but when you look at it -- andl don't want to stray into financial issues, but if that agency -- let's say Indian Creek, 35 homes, has a red-light camera and they get one hearing a year, it may cost them $250 because of the economies of scale. We, of course, have a much greater volume offolks coming and appealing, and that cost is distributed among the volume offolks that are showing up, so that's why we believe the $85 estimate valid based on the number of customers we'll have and -- Commissioner Spence -Jones: You said 85? Mr. Wysong: Eighty-five dollars, yes. Now it may -- you know, based on experience, it may in future years require an adjustment. You're certainly capable of setting -- requiring that an ordinance be drafted setting the rate. My personal position is I wouldn't recommend that because then it becomes unwieldy. The Administration should have the flexibility to make sure that they can make the administrative fee responsible to the costs currently. You know, special masters may -- we pay them now $100 per hour. Commissioner Spence -Jones: Yeah, but I think -- Attorney Wysong, I think one of the concerns -- andl know from day one, even in -- whatever my decision is on this issue, my concern was, you know, very similar to Commissioner Suarez and Commissioner Carollo on this issue -- well, I know especially on Commissioner Suarez -- was, you know, I'm just very concerned about, you know -- andl understand what the state's cap is on it. I just can see how this thing can get out of hand. Even though we're going into it, you know, with an open heart to do the right thing by keeping it at a number that doesn't appear to be too heavy for a resident, but I can see how, you know, under the wrong leadership, this thing can get out of control. Mr. Wysong: Right. Commissioner Spence -Jones: So I would like to have some -- I mean, we can set a cap at a certain amount now and say that it will not go over this amount, and if we have to make an adjustment, then it has to come in front of the -- Vice Chair Gort: Right. Commissioner Spence -Jones: -- City Commission to do it. But I just think that we need to do this stuff in good faith and, you know, it really, at least from the resident side of it, show that, you know, yes, safety and all these issues are very important, but we're also very concerned about them being affected in this in any way. So one of the things thatl would like to see as a part of this amendment, that there is a cap on the amount, and if that does need to change, then it comes back in front of the City Commission after you've gotten into it and you see that that dollar amount is just not working. But let's not go into it with "the sky is the limit, " you know, and next thing we know, we have a real issue. Ms. Bravo: Commissioner, in calculating the fee, we've done everything possible to set it as low as possible. Again, in hearing the mindset and why this legislation was proposed in Tallahassee, it was so that citizens would have a lower cost option to deal with the violation. Commissioner Spence -Jones: Right. So can we -- so we can just -- so would we be in agreement, Administration -- Vice Chair Gort: Make it part of the motion. Commissioner Spence -Jones: Yeah. Can we just say that it is capped at a certain amount? And then, you know, again, once you get into it, if you see that from an Administration standpoint it's becoming tough, I think it still needs to come back in front of the City Commission and then we make that decision. City of Miami Page 50 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Alfonso: Commissioners, I think we can say that every year we have a budget process, and every year we will analyze the cost of this operation, and we can make it by resolution that this fee every year be looked at; and if it needs to be reset, it has to come, as part of that yearly review, to the Commission for approval. Chair Sarnoff Commissioner Gort's recognized for the record. Vice Chair Gort: Question: After the 60 days are up, who sends the information to the county? Ms. Bravo: Well, this process is fairly automated through our vendor. ATS (American Traffic Solutions) sends the initial notice of violation. If -- they would handle the scheduling of the hearings through the city. If we don't receive anything, they are the ones that notifi, and issue the uniform traffic citation. Vice Chair Gort: So in other words, we can talk to them. Anything within the City ofMiami that goes through the 60 days, that we can get an additional time to inform the individuals? Ms. Bravo: We can perhaps send a second notice at 30 days if we haven't heard back from somebody. Vice Chair Gort: No, I'm talking about at the end of the 60 days. You can't? Mr. Wysong: Well -- Vice Chair Gort: They have to send it automatically? Mr. Wysong: Yeah. It's by operation of statute. But what Assistant City Manager says is maybe a mid -notice could be sent saying that you have not paid. Vice Chair Gort: I think it has to. Mr. Wysong: Pay or else. Vice Chair Gort: I think it has to. Ms. Bravo: A 30-day reminder. Commissioner Suarez: Mr. Chair. Vice Chair Gort: Commissioner Suarez, I think -- Chair Sarnoff You're -- Vice Chair Gort: -- you did wonderful work. And all the research you did, I think it was very good. But what I tell everyone that comes to Miami, whatever they implement in other cities throughout the United States, it's different in Miami. I mean, I see people taking stop -- red light constantly. We've seen the amount of traffic that we have. I think I personally have changed my way of driving. I was late here today because I wasn't going to rush. I wasn't going to take a red light, so I took my time, andl got here late. I always get here at 8: 30. I got here at 9:10. It does change people habit. And also, I think presentation has been made of the benefits of it. Andl think, you know, easy, don't take a red light. Chair Sarnoff Commissioner Suarez, you're recognized. City ofMiami Page 51 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Suarez: Thank you, Mr. Chair. Applaud. Chair Sarnoff Don't, don't, don't, don't. Commissioner Suarez: Thank you, Mr. Chair. I just -- I guess I want to wrap it up by just asking the Administration why the entire statute wasn't included in our backup when, you know, we have --? And I've complained in other instances in the past that an ordinance or a statute that we 're being asked to adopt, particularly when it has significant impacts on what we're doing. I think that's unforgivable, and you know, we've been more than lenient with the Administration over a month and a half long period and l just -- you know, I can't -- it's -- you know, it's unbelievable to me that it would not have been included in any of our packets. Mr. Wysong: I would just respond saying that it was not intentional; at best, it was an oversight. It was a 226-page bill, a Department of Highway Safety Motor Vehicle bill that has a gigantic amount of changes. For example, one change I find very interesting is you can now show proof of insurance via a PDF (Portable Document Format). That's in this bill. So when the police officer pulls you over, says "license, registration," whatever. There were -- basically, we didn't want to print the entire 226-page bill because, virtually, 200 pages of it weren't, you know, relative to the issue at hand, so -- Commissioner Suarez: Yeah. Mr. Wysong: -- at anything, it wasn't a -- you know, we were just trying to be efficient. Commissioner Suarez: And -- Ms. Bravo: And we did provide allow chart that demonstrates the process. Commissioner Suarez: Right. Ms. Bravo: And in that flow chart, it talks about someone's failure to appear -- Commissioner Suarez: Right. Ms. Bravo: -- would lead to a suspension of the registration. Commissioner Suarez: Sure. I just -- I mean, I understand it's a 226-page piece of legislation, but, you know, there are a couple of pages, 30 and 31, 32 that actually pertain to what we're voting on, so those are three pages. Andl think, you know, for us to make an educated decision and to not feel like we're being lied to or to not feel like we're being, you know, fooled, I think it's imperative -- and I've said this before. Not on this issue alone; I've said it on multiple issues -- that if we're supposed to be voting on the enactment of a state statute, that the entire relevant portion should be included in our backup, and there was multiple opportunities to do so. Thank you. Chair Sarnoff All right. So -- Commissioner Spence -Jones: Mr. Chairman (UNINTET,TIGIBT,F) -- Chair Sarnoff Are you done? Commissioner Spence -Jones: 'Cause I was -- Well, no, I'm not done. I just -- can I just finish, please? City of Miami Page 52 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: Sorry, I didn't mean to interrupt. Commissioner Spence -Jones: It's okay. So the whole purpose of us having this discussion, Commissioner -- Chairman Sarnoff is for us to have a healthy debate, so you know, we brought the item back, we allowed for the two Commissioners to have input. I think some great things came out of this and I think we're making the amendment, so there should not be, to me, no rush on us addressing it, so I just want to recap so that as we go into whatever the vote is that these items are put in place. So the first thing that want to make sure -- that the Clerk asked me to do and want to be clear on it -- is that before -- that we'll have a resolution -- as a part of this item, which will include the approval of any amendments to the contract that exists, that it actually comes in front of the City Commission, so we want that amendment to be included in this discussion. We also asked for an assessment of those cameras; that we now see that those streets are now safer or those stops -- those lights, they're safer areas. We're asking for an assessment from the Administration on this issue so we can address a reduction of the cameras. As far as the issue around the penalty, I don't think that we have any really -- real solid resolution on that issue, but we do know that when it comes in front of I guess, the special masters, hopefully we can work on some options for those folks that are affected. Mr. Wysong: Commissioner, the special master has discretion to give a certain amount of time for the person to pay and/or waive at least the City's $85 fee. Commissioner Spence -Jones: And we're giving them how long now; 60 days now? Ms. Bravo: They have 60 days to request the hearing through the City before their violation turns into a UTC (Uniform Traffic Citation). Commissioner Spence -Jones: And we've expanded that, right? Mr. Alonso: They have 60 days to request the hearing. Then they will be scheduled, which could be 30 days later after that, and then once they appear, they probably will be given another 30 days to make the payment. So I mean, from the time you get the citation to the time that you actually have to pay it could be 120, 150 days. Commissioner Spence -Jones: Okay. All right. And then last but not least was the cap amount. We're agreeing that we would also do some sort of amendment. I agree with Commissioner Suarez' concern and also Commissioner Carollo. I know he's mentioned several times about the cost; that we would do a cap on this issue and -- correct? -- of 80 -- of the amount, and then once we get into it, if we see that there's -- this is becoming an issue, then that item will come back to us to make the amendment, so I want to make sure that's included. So just in closing on this issue -- and/ just want to say that I think that we came back with some positive resolutions to changes on this, and appreciate the recommendations that were made. I do want to say this, however: This ATS red-light camera issue, the best way for me to describe it -- I didn't realize how important this was to so many people, but the best way for me to describe it has been the good, bad, and the ugly, and I'm going to say that because the ugly side of this has stressed out our Manager and staff. The ugly side of this has caused us to fight amongst each other on this dais, which I hate when we do that. And the ugly side of this has caused us to hurt good people that should always have a right to voice their opinions and not be attacked. So for me, when I think of ATS, I think of the ugliness that has come from it, which I hope that, regardless of whether or not any of us are here, we try to do things the right way. The bad side of it, a lot of it was addressed today, but one of the things that I had a concern on, which was somewhat addressed, was I didn't like the cost from day one that was associated with the residents or people getting tickets, and we've addressed it. I was very concerned about the process and whether or not we had thought it out, and we do have a budget and a way that it's going to operate, and understand that we've addressed that issue, so that bad part of it was eliminated. City of Miami Page 53 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 The other part around the bad for me was the liability to the City that, you know, would create an issue because of the state law. If we decided not to do it, we would be kind of stuck. So that's the -- those are the bad parts of it. Now, I have to at least acknowledge the good. You know, when you're making a decision, it's not easy, because you understand where your colleagues stand on issues and we try to at least vote on items where we support each other. We want to see 5-0 votes on these kind of issues, but there comes a time when you just don't have 5-0, but you have to do whatever it takes to get to that point and hopefully get resolutions out of it. The good for me that comes out of this totally outweighs the bad. I'm just -- I mean, I can't look at it any other way. When I look at the courage of Ms. Wendell -- Wandall -- am I saying it right? -- Wandall and the courage ofMr. Buonticonti -- am I saying it right? -- Buonticonti -- their courage and their ability to fight for an issue and stand on an issue when others may not really understand what they're going through to really turn a tragedy into something good has to be commended and it has to be supported. So I really -- for me, when I look at it, to me, that -- all this other stuff you know, the money and the budget, that's all great. But when you can do something that can help people that, you know, truly beyond the accident, they continue to get support, it's very hard to not see that. The second part of the good for me is we cannot dispute the safety issue. You know, when we talk to our Fire and our Police Department and they come up and they give you real solid, you know, valid reasons why it is important, as a public servant, you have to take that seriously. The other good part of this is, whether or not we want to admit it or not, it does change mindsets and how people think. My husband was a perfect example. I mentioned that in the last meeting. It changes people's mindset, so I believe that is definitely a good thing. But once we change our mindsets, we should start removing cameras. I mean, I think that that should be a part of it. And then last but not least -- andl know people don't like to talk about this, but this is the reality: It does provide the additional revenue to the City coffers, andl know that's something that the Budget director or CFO -- and now you have five different titles now -- and the City Manager, the bottom line is that, you know, we're looking at all creative ways to bring revenue into the City's coffers, so you know, it is -- when you make a decision like this, it has to be on what you feel is the right thing to do. While -- in every decision we make up here, there are always going to be some things that we may not all the way agree with, may not feel good to us about it, but when the good outweighs the bad and the ugly, you just have to do what's right. So with that being said, I am ready to make a motion on this item with the amendments and that is my -- Chair Sarnoff We have a motion by Commissioner Spence -Jones. Is there a second? Vice Chair Gort: I'll second with the amendments. Could she repeat the amendments? Commissioner Spence -Jones: Huh? Repeat the amendments? Todd B. Hannon (City Clerk): I'm sorry, can I --? Commissioner Spence -Jones: I repeated them already. I did them -- Vice Chair Gort: No, but I want to make sure that we -- Commissioner Spence -Jones: Oh, okay. Vice Chair Gort: -- had it on record. Mr. Hannon: Couldl defer to Commissioner Spence -Jones, 'cause she had them down verbatim? Commissioner Spence -Jones: Can I refer to the Administration, 'cause they should have been writing them down? City of Miami Page 54 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Wysong: I believe it's -- the Administration will be directed to come back with an assessment of the productivity of the cameras or the effectiveness of the cameras will be the first direction. And the second direction will be to create a resolution incorporating the administrative fee in the budgetary process. Commissioner Spence -Jones: I'll repeat this so that I don't leave -- Chair Sarnoff And she also said capping at $85. And she also said any further cameras to be deployed to be brought in front of this Commission. Mr. Wysong: Correct. Vice Chair Gort: Right. Chair Sarnoff Now, all of you should have been taking down notes. Mr. Alonso: I wrote it down, Commissioner. Chair Sarnoff There is no excuse for anybody sitting there to sit there quietly that says `7 don't have notes." Commissioner Spence -Jones: I will repeat them again so we're all on the same page. Mr. Alonso: May I try, Commissioner? Commissioner Spence -Jones: Yes, you may. Mr. Alonso: We're going to amend so that any contract changes, including additional cameras, are brought to this Commission. We are going to cap the rate at the current proposed $85, and any changes to that fee will come to this Commission. I recommend it as part of the annual budget process because that is when we reassess costs, et cetera. And we're going to do an assessment of the productivity of the cameras so that we'll provide a report to this Commission, and if cameras are deemed not necessary, they can be removed from service. Commissioner Spence -Jones: Thank you. Vice Chair Gort: And notice will be sent out in 30 days. Ms. Bravo: A 30-day reminder. Vice Chair Gort: If no payment's been made. Ms. Bravo: Yes. Vice Chair Gort: Okay? Chair Sarnoff All right. So we have a motion and now we have a second, and I'm just going to say two, three brief things. One: When I was up here and we were discussing whether we needed public telephones, it was said if it saves one life, we should still do it. Commissioner Spence -Jones: Who said that? Chair Sarnoff That was the City Manager -- Commissioner Spence -Jones: Oh. City of Miami Page 55 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff -- Johnny Martinez. Two: Twenty-one out of thirty-four municipalities in our area have red-light cameras, so for all of you who think you're going to make a change and suddenly, your constituents are not going to suddenly get a red-light camera -- I go through the Gables all the time; I'm going to be subject to a red-light camera, and unfortunately, I'm probably going to be subject to a $250 dispute fee ifI choose to dispute it, though they are pretty indisputable. And three: I want you to consider -- and I'm going to askATS to place a red-light camera throughout District 2 where it is viable, 'cause I want to create a pedestrian friendly, bike friendly District 2. With that said, Mr. Manager, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Mr. Hannon: Roll call on item SR.3. Commissioner Suarez? Commissioner Suarez: No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, with all of the amendments from Suarez. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on second reading, as amended, 3-2. Applause. Vice Chair Gort: SR. 2. Chair Sarnoff You know what I'm going to do? I know a lot of you are here for this. I'm going to take a quick five-minute break so you can clear out, if you choose to. It's a very exciting meeting today, though. You really might want to stay, but I'm going to give you five minutes to clear out. We'll be in recess for five minutes. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 13-00831 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Commissioner Marc 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY CREATING A NEW DIVISION 21 City of Miami Page 56 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 ENTITLED "WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S), AN ANNUAL REPORT, THE SOURCE OF FUNDS, FOR BID BOARD AND BID COMMITTEE MEMBER PARTICIPATION IN BID PROGRAMS, INAPPLICABILITY OF SUNSET PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00831 Legislation FR.pdf 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff Now we move to -- Vice Chair Gort: That's it. Chair Sarnoff Where's the ordinance, Madam City Attorney? Veronica A. Xiques (Assistant City Attorney): It's FR.1. Chair Sarnoff FR.1, all right. So now we are on FR.1. Do you want to make any presentation? I'll make it. This is an ordinance of the City ofMiami Commission, amending Chapter 2/Article XI of the Code of the City ofMiami, Florida, as amended, entitled "Administrative [sic]/Boards, Committees, Commissions"; more particularly by creating a new Division 21 entitled "Wynwood Business Improvement District Board," containing sections establishing the Wynwood Business Improvement District Board, `BID (Business Improvement District) Board, " setting forth said board's purposes, functions, powers, responsibilities and duties; providing for memberships [sic], qualifications, nominations and appointments of members, terms of office, filling of vacancies, meetings, quorum, attendance requirements, removal and source of funds for the BID Board and BID Committee member participation in BID programs; inapplicability of sunset provisions; containing a severability clause and providing for an effective date. So is there a motion? Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard with regard to FR.1? 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 Assistant City Attorney Veronica A. Xiques. City ofMiami Page 57 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 RE.1 13-00472 Department of Capital Improvements Program Todd B. Hannon (City Clerk): Roll call on Item FR.1. Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Sarnoff Thank you very much. Commissioner Spence -Jones: Good luck, guys. Unidentified Speaker: Thank you. Chair Sarnoff Thank you. Good luck, Wynwood. Good luck, Wynwood Board. What are you calling yourselves? Unidentified Speaker: WynwoodBlD. Chair Sarnoff Wynwood BID? Or you might call yourselves WADA BID or What a BID. Never mind. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR THE MELREESE GOLF TRAINING CENTER PROJECT, B-30566A, DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, WITH FULL RIGHT TO INGRESS THERETO AND EGRESS THEREFROM ON THE PROPERTY. 13-00472 Summary Form.pdf 13-00472 Legislation.pdf 13-00472 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 City of Miami Page 58 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 R-13-0294 Chair Sarnoff All right, RE.1. MarkSpanioli: Good afternoon, Commissioners. Mark Spanioli, Capital Improvements director. RE.1 is a grant of easements to Miami -Dade Water and Sewer for a sanitary sewer line within the Melreese Golf Training Center site. This is a District 1 project. There is a scrivener's error on the second "whereas" clause. It should read "120" square feet; not "25" square feet. Vice Chair Gort: Move it. 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. ToddB. Hannon (City Clerk): As amended. RE.2 RESOLUTION 13-00779 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A and Budget PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 13-00779 Summary Form.pdf 13-00779 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Noes: 2 - Commissioner(s) Sarnoff and Suarez R-13-0302 Chair Sarnoff Are we ready to go with Grove Key? Do you know if we're ready to go with Grove Key? Unidentified Speaker: I'm not sure. Commissioner Spence -Jones: I know we just got the timeline. Chair Sarnoff We have two issues I think we have to have a full Commission on: Grove Key and the millage. Commissioner Spence -Jones: And the what? City of Miami Page 59 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Mill rate. The mill rate. Commissioner Spence -Jones: Okay. Chair Sarnoff (UNINTET,T IGIBT,F) the mill rate. So I could do something. I could start the Melkite meeting. I hear you guys, but once I -- I may stop it and then take another -- the other two matters up, but you guys want to get started, right? All right, PZ.10. That's -- don't worry; it's your item. Don't panic. Yes. Unidentified speaker: Oh. Commissioner, I think he's ready. Chair Sarnoff You ready? Sorry. We got a full Commission. Commissioner Carollo: Just an update. We're not completely ready with the Grove, but we're making progress. As you see, you've gotten a timeline. We're making progress. I'm hoping within the next 30 minutes or so we could, you know, bring everything back and see where we're at. I have the internal auditor right now reviewing some of the lease language, so that's where -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- we're at, okay? Commissioner Spence -Jones: Well -- Chair Sarnoff Okay. Commissioner Spence -Jones: So -- Chair Sarnoff Do you want to -- well, then let's -- I don't want to lose you. Commissioner Spence -Jones: Yeah, you lose me at 7. Chair Sarnoff Right. So why don't we do the mill rate. Commissioner Carollo: Let's do the mill rate. Daniell Alfonso (Acting City Manager): RE.2. A resolution of the City ofMiami computing a proposed millage rate for the City ofMiami, Florida, for the fiscal year beginning October 1, 2013 and ending September 30, 2014; directing the City Manager to submit said proposed millage rate to the Miami -Dade County property appraiser and the tax collector, together with the date, time, place of public hearing; at which, the City Commission will consider the proposed millage rate and the City of Miami's tentative budget for said fiscal year. Commissioners, the proposal of the millage for the fiscal year '13/14 is to have a total millage of 8.430, which is comprised of a debt millage of .8162 and a general operations millage of 7.6148. The overall millage is a reduction of .04 mills, with a reduction of .0838 on the debt and an increase of .0438 on the operating millage. Vice Chair Gort: The reduction in debt, let's go over it again. Mr. Alfonso: I'm sorry, Commissioner? Vice Chair Gort: Reduction in debt. Mr. Alfonso: The overall is a reduction of the overall millage, with the largest reduction being City ofMiami Page 60 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 on the debt side. Vice Chair Gort: Give me the breakdown again. Mr. Alfonso: Okay. The debt millage will be .8162 and that is a reduction of .0838 from the current year. The operating millage will go to 7.6148, which is a increase of . 0438, so since the reduction is .8 and the -- or .08 and the increase is .04, the overall is a net reduction of the millage of .04. The proposed budget was sent out, I want to say, about two weeks ago to the Commissioners, and also this past week, we've handed out sort of a brief description of some of the things that are in the proposed budget. Is there any questions? Really, what we need to do today is to pass the millage that will be sent to our property owners and the trim notice so that come September, that is the millage that will be used for discussion of the budget. The Commission always has the option at that time of reducing said millage, but not increasing; increasing is a very difficult process at that time so. Chair Sarnoff You know, I want to speak on this, andl want to show a PowerPoint presentation, Danny. As you all know, I've been working for the past 18 months on the police department on police issues, andl want to be able to show to this Commission an assemblage of all the memorandums that we have seen before but don't necessarily have in front of us, and I'd like to show you, in the words of Jonathan Swift -- he once wrote a book called "A Modest Proposal." It's been made -- used in secondary terms and meanings for a lot of years, so I'm going to make a modest proposal to this Commission for a mill increase that would be dedicated solely and exclusively to the hiring of police officers to bring Miami within the standards of any other city of our side [sic] in the United States, so if you don't mind indulging me for a moment, I'm just going to show you where we are today. So let me back up for a moment. As you all remember in March 12 of 2013, we learned that the City ofMiami had number of police officers per thousand, which is how every city in the United States measures itself and the City of Miami's numbers, when we consider our daytime population coupled with our events, puts us first at 1.9 police officers per thousand, but then when we have these daytime swells from just normal commuting and then when we have these special events, we actually go from 1.7 sometimes down to 1.5. That has no meaning to anyone until you look at us in comparison to other cities of our size, whether it's New York City, Pittsburgh, Baltimore; they have approximately 4 police officers per 1,000, so we have less than one half the number of police officers we need to police a city of our size, and this isn't just necessarily an issue with regard to, "Well, how many cops do you want to see?" It's we're actually understaffed when we simply look at violent crimes in Miami, because we don't have what is so-called the 4.1 ratio. We have an inadequate number of police officers when it comes to violent crimes, and we are in the bottom, so if we were to divide Miami -- if we were to divide all police departments in the United States by a football field and there's the 25 yard line, the 50 yard line, the 75 yard line, and the 100 yard line, we're at the very bottom, in the bottom 25 percent of every major city in the United States, and the police chief is saying his only goal is to get us to the 50 yard line. That means the 50th percentile in terms of what's called "quarentile" in the United States of police officers, and that's just to put us in the middle. So within our peer group of 42 cities, the City of Miami's violent crime rate is the ninth highest with 1,193 violent crimes per 100,000 inhabitants and the 17th highest among cities with residential populations over 100,000 people. And to give you an example of some cities, how they do it, and why you may feel safer in those cities. New York City. For instance, New York City, to have a 4-to-1 ratio, would have to employ 12,802 officers; a 4-to-1 ratio. Miami employs 1.9; goes down to 1.7 and sometimes goes down to 1.5. But for New York City to have a 4-to-1 ratio, they'd have to employ 12,802 residents -- sorry -- police officers. Instead, they employ 34,542 police officers. Just to show you how much they care, they take concern of what think is the primary obligation of the City ofMiami as an elected official is to protect you, to make you feel safe so you have personal decisions for your safety, so you feel like you can go out and do whatever it is you want to do. So the chief -- this is our chief of police -- recommends that the City ofMiami increase the Police Department's budgeted sworn force -- and we've never made our budgeted numbers, guys. We have never had 1,144 police officers on City ofMiami Page 61 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 the street -- well, I shouldn't say on the street -- never had 1,144 police officers in uniform. He's saying, `I recommend on a short-term goal that we get to 1,244, okay," an increase of 100 police officers. He says, "As an intermediate to long-term goal, I recommend the City ofMiami increase the Police Department's budgeted sworn officers to 1, 360. " So he's saying, "My short-term goal is 1,144 to 1,244. My mid-term to long-term goal 1, 360, " and we're cutting our mill rate. I apologize for how this looks. We should have been a little more careful, but I will show you the highlights. And just so you understand, things will get worse, because we are in what's called the DROP (Deferred Retirement Option Plan). The DROP means the police officers let us know essentially seven years before they're going to retire, `I'm going to retire." All of us in this room, that's all we need to know. But what happens is -- and we have 328 of them saying, `I'm going to retire within the next seven years." But they don't say, `I'm going to retire in my seventh year." They say, `I'm going to retire within the next seven years." So you have 328 of them saying -- and by the way, if you're wondering, Is 328 a lot?" You have 1,144 budgeted positions. You have about 1,100 police officers right now. You have about 450 police officers that you andl call patrol. You see them on the streets, okay, so 450; 328 are currently participating in the DROP. I can leave any time within the next seven years. And police officers, unlike our fire officers, tend to leave sooner and don't go the full seven years. We know that. So in the next one to two years -- and look at the age of this memo, guys -- August 10, 2012 -- one year ago. So in the next one to two years, 200 to 250 of the Miami Police Department could become vacant. So not only are you trying to increase the size of your police department, but you're equally losing, at rapid-fire pace, police officers who are in what we call the "DROP." Again, the DROP to all of us is, `I'm going to leave in the next seven years"; not `I'm leaving in seven years, sometime within that time span." Again, I apologize for not being able to see this too well, but you'll get the highlighted sections a little better. So where does the City of Miami fit in comparison to other cities for the budget that we set for the Police Department? Well, on the average of 42 American large cities with populations between 300 to 750,000 -- and the City ofMiami is probably about a -- we say we're a 412,000 people. We're probably closer to 500, 000. And remember, during the daytime population, we go up 160,000 people. You throw a Heat game in there, you throw any large festival -- Calle Ocho -- you're at 700,000 people. So there's only 9 cities of 42 cities -- an example, New Orleans, Baltimore, and Detroit -- that spend fewer dollars -- and by the way, do you -- and I'm from New Orleans. I love New Orleans. You don't want their police department, okay? You don't want their police department. I love New Orleans. Baltimore, you really don't want Baltimore's police department either -- and have many relatives there -- and Detroit. Needl say more? -- spend less on a percentage of their general fund than the City ofMiami. But how do we stack up compared to the cities right here? How do we stack up compared to Hialeah, Miami Gardens, Miami Beach? Well, they spend an average of 42 percent, 42.4 percent to be precise, of their entire budget on the police department. We spend 25.6 percent on our police department. How do we stack up to the County? The County spends 27.5 percent of its general fund on the police department. And all am suggesting, by the way, is that we mimic the County when you do the mill increase. So what has this resulted in to us? Again, I apologize for the quality, but this is the DOJ's (Department of Justice) most recent letter to the City ofMiami, and this is the one where the City ofMiami Police Department is being criticized for the practices it has engaged in with some shootings, so I'm going to read it to you. "Based on our comprehensive review, we find reasonable cause to believe the MPD" -- Miami -Dade Police -- Miami Police Department -- "engages in a pattern of practice of excessive use of force with respect to firearms." I don't mean this disrespectfully to our police department in any stretch. It says, "Among other findings, our investigation uncovered a number of troubling Miami Police Department practices, including deficient tactics and supervision." When you don't have enough police officers, you don't have enough sergeants. When you don't have enough sergeants, you don't have enough lieutenants, and as much as we like to think that the regular private cop on the street knows exactly what to do -- andl'd rather have him there than not have him there -- it's the sergeants and the lieutenants that make the tactical decisions on very complicated issues. So how far does DOJ go with us? Well, they're saying that some of these shootings appear unjustified and have resulted from tactical and training deficiencies. So when you don't have a police department that's big enough, City ofMiami Page 62 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 sometimes you push them out a little sooner than they need to. Sometimes you don't give them every piece of mandatory training you have to give them. And another interesting fact: We've learned through memos, again, from the chief and from the union representative that if our police officers have associate's degrees -- and I'm going to say the number. I think I'm right, but did not write this down -- the police officer is about 40 percent less likely to pull his gun. If he has a bachelor's degree, he is about 60 or 80 percent less likely to pull his gun or her gun. So we're not presently rewarding police officers in terms of what we pay them when we first come in for their education, and we're not also -- as a result of budget crisis, we're also not giving the police officers the ability to enhance their education while they're here, and we used to do it, but as a result of the 2010 budget crisis, we stopped, and I'm -- I guess I'm suggesting it's a practice that think we owe it to ourselves for a lot of different reasons, one of which is just think of the amount of liability of litigation that we're going to be facing for all these shootings. And of course, the DOJ is saying it's the second time it had to investigate us in the past decade, so there's an issue with MPD, and, you know, they're saying that the shootings were questionable at best. Many arose, they're saying, as a result of critical or operational deficiencies; operational deficiencies, such as inadequate police officers or inadequate training. And frequently, they're saying the failure of supervisors to command and control the scene fostered poor tactical decisions by the officers. Again, when you don't have a sergeant, when you don't have a lieutenant there, a regular patrol officer is making a decision that somebody that may have a little more age, a little more training, and a little more maturity should be making, so they're recommending that we receive what's called "refraining." All right, so what does crime really cost us? And crime actually has been quantified, and it'll be a little clearer than the screen shows you, but on a national basis, all right, we know that America spends more than 300 -- sorry -- costs America more than $300 billion in crime, and they quantified some of the more significant crimes. Murder is $9 million a murder. Rape is 220 -- or $288, 872; aggravated assault, $91, 000; robbery, 70,641; burglary, 13,000; a motor vehicle theft, almost $10,000; larceny, somebody just picking your pocket, $2,240. But these are what's called "gross numbers." These numbers are the total cost. What is the governmental cost? What is the cost to the City ofMiami? The Chief of Police breaks that down. So he broke this down in a memo to us. Again, I apologize. Everybody got it, but I apologize for the quality of it, but you'll see it a little clearer. So July 12, 2013, I asked him, "What are the cost of these things?" And you'll see it a little clearer. So murder is $9 million; rape, 228,000 -- ifI said 280, I apologize; robbery, 77,000; aggravated assault, 91,000. So what does that mean to the City ofMiami? Well, the chief is telling us we had 69 murders in 2012; 65 rapes in 2012; 2,096 robberies; aggravated assaults, 2,626; burglary, 4,255; larceny, 13,305; motor vehicle thefts, 2, 711. And he quantifies the cost for us. Now, these are the gross costs, meaning this is the cost associated with the incarceration, the public defender, City ofMiami arrest. And there's a secondary cost if you read the RAND study, which is, after all, who wants to move to Miami? What is the cost of that? So he quantifies what does it cost Miami's residents on a per capita basis? Two thousand, seven hundred seventy-one dollars per person, so you -- who's got a belly button? Right. Okay, for all of us, $2, 771 per person; in 2012, the cost of crime in Miami, $1.2 billion. Of that amount, local government entities shouldered about $240 million in crime cost using a conservative measurement based on the RAND study's estimate of crime cost. They said that crime costs the governmental entities between 15 and 30 percent. This is my extrapolation, not the chief so I want to say that very clearly here. I took the number 20 percent, so RAND says between 15 and 30 percent. I took the lower end of the spectrum, 20 percent, and said that our local government entities shouldered $240 million. Going back to the chief now, because this is his -- now we're going back to his words -- an additional 25 officers hired in the City ofMiami -- andl give everyone here credit from the Administration for finding 25 additional officers -- would result in a reduction in crime savings of $18 million, $17.9 million. That's a lot of good reduction in crime. But an additional 100 police officers would reduce our cost in crime of $71.5 million, $71 million. What would we reduce the per capita cost to each individual person in the City ofMiami? I've done that analysis, but I'll leave it for a moment. So the mill rate, I asked -- I think asked when you were the CFO (Chief Financial Officer). I guess you still are the CFO, as well as the City Manager. I asked, What would it cost us to get $10 million in additional revenue? And that would require a City ofMiami Page 63 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 mill rate change of .3462. I've always laughed at that 'cause I never really know what the hell that really means, other than what does it mean to the average homeowner in Miami? Well, if you have a $100, 000 appraised home, it would be $34.62. If you had a $200, 000 home, it would be $69.24. If you had a $300, 000 home, it would be $103.86. And if you were a millionaire and you had your million -dollar home -- how many people are millionaires? Never raise your hand at that one -- it would cost you $346.20. Now, this is my modest proposal: If we don't start doing something to change the position we find ourselves in the City ofMiami as the lowest resourced city of any city over 100,000 people in the United States in terms of our police officers, we will never get ahead of crime and we will never get ahead of where we find ourselves today. We're not the worst city in the United States on crime, and that's a credit to the men in blue, because they are almost, you could say, the worst staffed department in numerics, but somehow, they've been able to pull it together. So I make two proposals to the Commission right now. One is to get to these 100 cops. The second is of the 1,000 cops that we have -- the 1,100 cops we really do have, we got to get them to work a little harder and a little more significantly, so we need to do two things for them. First, we need to give them the ability to educate themselves, and we used to do that. That would cost us $700, 000 annually. And when I'm wrong, Mr. Manager, you tell me my numbers are wrong. Second, there's something called "step increase raises" in the City ofMiami. I'm not going to call them merit increase raises. I'm just going to say they're step increase raises. That means that a police officer who's been here for four years -- let's say he was hired in 2009, 2010 -- has received no increase since he's been here. But if we were to hire a lateral raise, somebody who's been hired laterally from any police department, we would pay them based on the four years of experience and where they had attained their rank there. So you have a new lateral hire coming in. You have that same City ofMiami police officer frozen in that position, and what that does is it tears at moral. That number is about $4 million. I'm suggesting to this Commission before we preclude ourselves the ability to hire these 100 cops, before we preclude our ability to reduce crime, before we preclude the per capita cost to the citizens, we should consider the mill increase and special -revenue it only for the two issues I brought up, and that would be to enhance what we presently have with the police department and also to special -revenue that money only to be paid to the additional officers so that if we fail to do so, we should rebate that money back to the citizens. It should not be spent any other way, any other form, because the one thing hate to do, like probably you like hate to do -- if there is such an expression -- I hate to pay taxes and not know where they go. But if you were to ask me to pay for a cop, with all due respect, I would pay for a cop, and that's why most people pay for cops outside of their homes, 'cause they want to know that their money is going to pay for a police officer. So as I said before, it's a modest proposal. It's something I'm bringing to this Commission. I'm going to hand the gavel to Commissioner Gort, and I'm going to ask for a mill rate increase to what Danny Alfonso had put, which is a rate change to .3462, and that the money be special revenued [sic] only for police. Vice Chair Gort: There's a motion. Is there a second? There's a motion. Is there a second? Motion; no second. Chair Sarnoff All right, is there a motion to approve the mill rate as stated? Commissioner Carollo: Define "as stated." Chair Sarnoff I think it's by -- You gave us a resolution, did you not, Mr. Manager? Mr. Alfonso: Yes, Commissioners. Chair Sarnoff And that was a reduction in the mill rate? Do you want to repeat it again? Mr. Alfonso: The proposed millage is to approve a debt service millage of .8162 mills and operating millage of 7.6148 mills. That is an overall rate reduction of .04, though it does have an increase on the operating side of .0438. City ofMiami Page 64 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Is there a motion? Commissioner Suarez: Mr. Chair, may I -- Chair Sarnoff You're recognized for the record. Commissioner Suarez: -- entertain some discussion before we -- Chair Sarnoff Sure. Commissioner Suarez: -- decide to move or not move? First of all, let me start by saying that I wholeheartedly agree with 99 percent of your presentation, with the exception of the last part. I agree that the City ofMiami needs 100 more officers this upcoming fiscal year. I think the City ofMiami needs 100 more officers in the following fiscal year, andl think the City ofMiami needs 100 more officers in the one that follows after that one, which is what you had proposed, which doubles -- and by the way, there's an additional component which we you didn't mention, but I suspect you meant to mention, which is that you wanted those 300 additional police officers to be on the street; in other words, officers that are actually in patrol that are working. So your -- you would be proposing and what you have proposed, the way I understand it, is to double the patrolling force of the City ofMiami, andl think you've made a very powerful argument that -- andl think we all know. Interestingly, everyone here is in the audience mostly for a different issue, but think everyone here can relate to crime, andl think everyone here knows that crime is the number one issue in the City ofMiami, andl think you made a powerful and very compelling argument about the cost of crime, and crime is up, despite what people might want to say. You can look at the FDT,F (Florida Department of Law Enforcement), you can look at the FBI (Federal Bureau of Investigation) reports which are compiled based on the City ofMiami's own data that is sent to those agencies; 6 percent since 2009. I don't know where it's going to be at the end of this year, but as of right now, from what's been published, it's up 6 percent since 2009. The murder rate, as you described it, is up 17 percent since 2009. You're absolutely right, we had a spike in murders that has not come down, andl think you're right to point out the issues that you point out in the Department of Justice report, andl think you can make some pretty powerful arguments and persuasive arguments that a lot of that is also a result of poor leadership. Here is where I der slightly from you. Again, I agree 100 percent that we need a 100 officers. What concerns me, andl think you have actually ably demonstrated it -- and I'm actually not disappointed in you, but I'm disappointed that we haven't had the discussion for a little while of how many police officers were down from our budgeted level, because I think you made a great -- you had a great emphasis in reminding us and bringing that to the forefront of our consciousness continually, over and over again, and pushing the Administration and pushing the police chief to make sure that money that we've already budgeted, that we've already given the Administration to use is being spent, and we know that that's not happening and hasn't happened for the last two years. And currently, from my brief discussion with the Manager, and he wasn't -- you know, I don't want to put words in his mouth -- and he certainly -- I don't think he had an opportunity to actually confirm this number, but he basically told me that it was his understanding that we were still 40 officers below what we had budgeted, and as you correctly stated in your presentation, and I'll -- your presentation was dated about a year ago, that memo, like you said, August 2012. And in my conversations with the Manager, we're set to lose -- by the way, the big year, the big year of loss is probably going to be next year if I'm -- and by the way, you can interrupt me ifI say anything that I'm off on, Mr. Manager. Mr. Alfonso: The largest year of loss is actually fiscal year '17. Commissioner Suarez: Right, but you said that -- you said there's going to be a significant loss not next year, but the year after, correct? City ofMiami Page 65 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Alfonso: The numbers that we have are fiscal year '13, what's left of it. There are four officers that are in the DROP that have to leave. For fiscal year '14, it's 17 officers -- Commissioner Suarez: Exactly. Mr. Alfonso: -- for '15, it's only 16. I was incorrect in my thought. Commissioner Suarez: That's okay. Mr. Alfonso: -- '16 is 66 and '17 is 147. That is the largest year. Commissioner Suarez: That's the big year, okay. So -- but my point being -- it doesn't really change my point because you gave me the accurate number for next year, which is really what I was basing my analysis on, because my objective here is providing the funding to do exactly what the Chairman has proposed. And what that means is if you add the 40 that we're down right now currently from our budgeted levels, meaning money that we've given the Administration to hire police officers with, you add to that the 21 that we're going to be losing next year, that's a deficiency of 61 officers, okay. When you started your analysis and you started bringing this to the forefront of our consciousness, I believe we were down about 100 -- maybe a little bit more than 100 police officers, andl thought that was staggering, particularly given the rise in the crime rate and how intimately crime impacts people's life and the psychology of how they live in the City ofMiami and their quality of life. That was two years ago. We went from 100 down to 40 down. Now, I may not be as good a mathematician as the Vice Chair -- as Commissioner Carollo, I'm sorry -- but that means for two years, we've averaged -- the reduction in number of deficiencies or vacancies has been 30 police officers; 60 divided by 2. We're still down 40. We were down 100. We're going to be down another 20, which means next year we're going to be down 60 officers. At the current hiring rate, that's going to take us two years to hire the officers that we've lost and that we have -- that we are down right now, that we have put in our budget, and that we're going to lose at the current hiring rate. So we not only have to hire 100 new officers, but we have to fill the positions that we currently have vacant, which I think -- you know, from my perspective, I just don't have confidence and there hasn't been any historical proof that we can do it. We haven't done it in two years. You've been screaming off the top of your head every single Commission meeting for two years, "Hey, we're down 100 officers." We're still down 40 officers, so not only are we not up the 100 and we're not going to be able to get to 100 -- we can budget 100. We can budget 100 right now. We can put in a -- right now in our budget, we can do a budgetary amendment right now and budget 100 new officers. Commissioner Carollo: Can I -- Commissioner Suarez: Go ahead. Commissioner Carollo: -- cut in? Commissioner Suarez: Go ahead, Commissioner. Commissioner Carollo: And yielded to Commissioner Suarez, but that's exactly whatl was going to say. Realistically, more money is not the solution, because all the past years, we have budgeted for "X" number of officers and we've never gotten there. So even if we budget additional monies for the additional 100 officers, we're not going to be able to actually employ them. We're not going to be able to go through the recruitment process and actually hire them; and the recruitment process, as you all know, takes quite a while. You have to do polygraph, you have to do background investigations and all that. And the bottom line is we've budgeted, every years that I've been here, `X" number of officers; we've never reached that amount. So, you know, adding more money to the budget saying this is for an additional 100 officers and we can't City ofMiami Page 66 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 recruit or we can't actually hire them, I mean, it -- so I mean, what Commissioner Suarez is saying, I think he's right on point. Commissioner Suarez: Now, let me say -- let's talk about some of the numbers. We have projected -- we have a -- thanks to Manager Carlos Migoya, when we had a declining revenue environment, we created a cushion, we structurally created a cushion, which was a wise decision that he -- a wise, you know, cushion that he put into place and that we adopted and that we've continued. So we have this current year alone, even with our FIPO (Firefighters and Police Officers) adjustment, we have an $11 million surplus. To hire, you know, 100 police officers, I think by your -- by the administrator's [sic] calculation, is $13 million, if I'm not mistaken, right? Mr. Alfonso: Commissioner, the concern with speaking about using the surplus -- Commissioner Suarez: I'm not talking about using the surplus for next year. I'm talking about what surplus we have this year. We have an $11 million surplus, correct? Mr. Alfonso: Yes, Commissioner. We have this year projected an $11 million surplus, but that $11 million surplus, if we were to allocate that for the next year's budget, we would have to waive our -- Commissioner Suarez: No -- Mr. Alfonso: -- financial integrity -- Commissioner Suarez: -- I'm not -- Mr. Alfonso: -- ordinance. Commissioner Suarez: -- that's not what I'm saying, and that's why -- Mr. Alfonso: Okay. Commissioner Suarez: -- I wanted you to just let me finish, 'cause that's not what I'm saying, at all. I'm just talking about this year's surplus. It's an $11 million surplus, you know -- Commissioner Carollo: Estimated. Commissioner Suarez: Estimated. Commissioner Carollo: Estimated. Commissioner Suarez: Agreed. Next year we should have programmed into our budget a $16 million surplus. That's our cushion. In addition to that $16 million, okay, because nothing's changing, we have, guess what, another -- if we were to keep the millage rate flat, we have, guess what, another $15 million in additional revenue. That's $31 million, $31 million; is that not correct? Mr. Alfonso: Well, Commissioner, the concern when we talk about the numbers like this is, yes, in next year's proposed budget, we certainly have the reserve that you mentioned. We have a reserve of roughly $16 million unallocated in the budget; five million of it is required by our financial integrity principles. Commissioner Suarez: Agreed. Mr. Alfonso: The other $11 million roughly is, as you stated, what has been done for the last City of Miami Page 67 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 several years to protect the City against any shortfall or any hiccups, et cetera. The other $15 million, though, isn't available. That money has been spent in the growth and expenses that the City has. I mean, we had growth and expenses in pension contribution, in workers' compensation, fuel, et cetera, so the budget is balanced with a $16 million reserve, and there are assumptions for attrition. You know, we talk about the police department. The -- through the contract that we negotiated with our FOP (Fraternal Order ofPolice), there was an assumption of roughly $1.2 million of attrition to be budgeted into the year so that even though that there are 1,144 police officers in the budget, we know that there will be some positions that will be vacant throughout some portions of the year, so it is a standard budgeting practice to reduce from the salary dollars in that budget those dollars so that we -- Commissioner Suarez: Okay. Mr. Alfonso: -- don't over -allocate to the department. Commissioner Suarez: What I'm getting at is I'm trying to -- I'm going to go in a lot of different directions here, but what I'm getting at is the real problem, in my opinion, is not budgeting for 100 police officers. We can do that right now, Mr. Chair, and we should, to be honest with you. Saying that we're hiring 25 -- even saying we're hiring 25 more officers, that's -- in my opinion, that's fraudulent to say 'cause we're down 40 officers. We're going to lose another 20. We've been hiring 30 a year. How are we going to hire another 25 above that? We haven't demonstrated the ability to do that. That, to me, is wrong; besides the fact that half of that is predicated on a grant that we haven't even received, which is supposed to be received supposedly in September, if we receive it, half of those 25 officers. So if we were to program, for example, into next year's budget the 25 -- let's assume we get the grant, which is for 1.2 million, and let's assume we want to get to that -- we want to budget for 100 additional officers, okay. If we were not to raise the millage rate, which, by the way, what we're doing here -- what's before us here today is raising the millage rate. Anyone who says we're not raising the millage rate is also not telling the truth. Is it not a tax increase that we're advertising? Mr. Alfonso: Commissioner, we are advertising a tax increase. I want to make it clear, however, that we would be advertising a tax increase if we keep the millage flat. Commissioner Suarez: Understood. Mr. Alfonso: If we don't want to advertise a tax increase, we have to go to rollback -- Commissioner Suarez: I understand. Mr. Alfonso: -- which is to reduce the budget by another $19 million. Commissioner Suarez: I understand that. However, let me -- let's see if we're clear here. Do we control the debt service millage rate as a Commission? Mr. Alfonso: The debt service millage rate, Commissioner, is computed based on the requirement for debt payment and an estimated amount for reserve. Commissioner Suarez: Right. Mr. Alfonso: So what happens is normally, as property values increase, if you keep your debt obligations stable, then there is a requirement to reduce the millage rate because you're not allowed to overtax. Commissioner Suarez: Of course. City of Miami Page 68 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Alfonso: Now, ifI may state, why did we propose the budget in this manner? As we prepared the budget, the Administration, in conjunction with our Mayor and talking to the elected officials, sought to do two things: One, reduce the overall burden of tax on the citizens and try to address the issue of adding to the police officers. Because the growth in value allowed for the reduction of the debt service, we saw this as an opportunity to do both things; reduce the overall rate and add a small portion of the millage, .0438, which represents about $5 to the average homestead property owner in the City ofMiami, to fund for three-quarters of the year the 25 officers, and the grant would supplement that, and that is the proposal that we have made. Commissioner Suarez: I understand what your proposal is. I'm just asking very simple and clear questions, like for example, do we control the debt service millage rate? Mr. Alfonso: No. I specifically stated that that is a computation. Commissioner Suarez: Right. So we don't increase it, we don't decrease it. Do we control -- do we increase or decrease the operating millage rate? Mr. Alfonso: Commissioner, at the beginning of my statement, I stated that, yes, we are raising the operating millage rate. I did not hide that. It's in the documents. Commissioner Suarez: I never said you hid it. I would not say that you hid it. I'm not trying to -- you know, I'm not giving you a hard time. I'm just trying to make some clear points. My clear point number one is that we don't control the debt service millage rate. That goes up, it goes down as a function of as you correctly stated, our debt. If we acquire more debt, if we pay off more debt, if our interest rate goes up, or if our values go up or down, that's what makes that number fluctuate, correct? Mr. Alfonso: One distinction about this particular debt, this is voted debt. Commissioner Suarez: I agree. Mr. Alfonso: So it's not your general obligation debt going up or down. This is the debt that the citizens are -- have voted to tax themselves. Commissioner Suarez: I agree. It's general obligation debt, I agree; general obligation bond debt, right, that the people vote on and approve. I'm not disputing that. I'm just trying to make a very simple point, which is that we only control one millage rate, and it's our operating millage rate, and we are increasing it. That's what I'm trying to get at, okay. So I'm sorry that I went about it in a roundabout way, andl didn't mean to put you on the defensive. But the only rate that we control, we are increasing it, so for us to say to the public that we're decreasing the tax rate, for me, is disingenuous. That's just my point. That's my point. Doesn't have to be your point, andl understand if you don't agree with it, I get it, okay. So that's my perspective. Now, to talk about our millage rate in comparison with other millage rates -- andl think the Chair made a good point of comparing our police force with other cities, andl agree with his comparison, by the way. I agree that we're woefully understaffed and that we have a lot of work to do in this city to get to a point where we can have a police force that our citizens can be proud of and will protect them in a way that they can feel safe. Our millage rate is one of the highest in the county. Our millage rate is 20 percent higher than Hialeah; it's 24 percent higher than Miami Beach, and it's 34 percent higher than Coral Gables. Other governments around the county are keeping their millage flat or even lowering their millage rate. Miami Beach is keeping its millage rate flat. Miami -Dade County is keeping the millage rate flat, although that's been a topic of a lot of discussion, and the School Board reduced its millage rate. Coral Gables is also poised or proposed to reduce its millage rate. So I think I'm making two points. I think one of the points I'm making is that we can budget 100 police officers right now, but we have not seen a history of this Administration being able to deliver on the police officers that we budget. City ofMiami Page 69 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 We haven't seen it for two years. You haven't stopped harping on it and we -- andl agree with you 100 percent, 100 percent, andl'm willing to budget those 100 police officers right now, right now, before we leave here today; I will do it. And we'll see a year later whether that money is sitting in a reserve account. And the second part is just simply this ruse that we're reducing taxes when I don't think we are. And number three, if we were to keep, you know, the tax rate flat, we're going to get $15 million in new revenue, $15 million, so we need to think about what are we doing with that $15 million that we're getting in new revenue, which, by the way, could pay for more than 100 police officers, okay. And if you were to take the 16 million and the 15 million, which is 31 million, guess what? We could budget 200 more police officers right now, but are we going to be able to hire 200 more police officers? Have we demonstrated an ability to do it? I think we should do it. I think our citizens should demand it of us, andl think they should hold the elected officials accountable that don't deliver. That's what I think. So that's -- you know, like I said, I agreed with 99 percent of what you said, with the exception of raising the millage to put it in a special revenue account, because I think we have the money. I think we have the will. We have the money. We have the will to do it, but once we do it, we slide it off our table and then all we have is discussion items. That's it. And let me tell you, you've been -- I miss them. I think we need to start bringing them back, because, you know, we got from 100 to 40 with them, so maybe if you start bringing them back, we'll get from 40 to 0, and then we could start talking about budgeting more -- or we'll budget them now, but that's not the point. The point is we need 100 -- we need 300 more police officers on the streets if we're going to have a police department that is adequately staffed for our residents and if we're going to be serious about reducing crime in the City ofMiami. Thank you, Mr. Chair. Chair Sarnoff Thank you. So we have to -- Applause. Chair Sarnoff -- pass a mill rate, andl'm going to ask it one more time. As stated by Danny Alfonso, the City Manager, is there a motion to approve the mill rate presented by the Administration? Vice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Carollo. Any discussion? Commissioner Spence -Jones: Marc, I could have told you 30 minutes ago, it felt like deja vu sitting up here, andl know you know what -- you just -- you know, you just -- you were good though. It was good. Commissioner Suarez: You were great. Commissioner Spence -Jones: He did it in a different way, andl was saying -- Listen, you know, I'm with you like -- how is it? -- down like two flat tires on this issue, but I just -- you already know. It was already stuck. We could have said ten hurricanes was coming and we needed it and it would be the same thing. Vice Chair Gort: (UNINTELLIGIBLE) last year. Chair Sarnoff All right. Commissioner Suarez: Mr. Chairman, I just say one thing before we take that vote? City ofMiami Page 70 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Sure, yes. Commissioner Suarez: I just want to say on another thing -- another point that you raised that I've wholeheartedly supported you on from day one andl still do, andl will do it right now if you want to do it. The $700, 000 for the police department, for the educational pay for our police officers to be able to get a bachelor's degree, is something that should not wait another day. That's $700,000. We spent I don't know how much money earlier today, andl wasn't here when the vote happened, for a homeless shelter, which is a very, very good allocation of our resources, but that is also a very good one. Mr. Alfonso: Commissioner -- Commissioner Suarez: So I would -- Mr. Alfonso: Commissioner -- Applause. Mr. Alfonso: -- the issues that you are discussing are labor negotiation issues that -- Commissioner Suarez: My apologies. Mr. Alfonso: -- cannot be negotiated from the dais. Commissioner Suarez: My apologies, my apologies. I would support it anyways. Chair Sarnoff And -- Commissioner Suarez: Sorry. Chair Sarnoff -- in a hypothetical world -- so we're not discussing it -- but in a hypothetical world, how do we get those educational issues back on the table prior to hypothetically waiting a year until the next contract negotiations, hypothetically? Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: I think we've discussed on various occasions with regards to the one-time pay -- Vice Chair Gort: Bonus. Commissioner Carollo: -- regarding -- Well, it's not a bonus because I think "bonus" has special language, but it's a one-time pay. We have discussed it, andl think each police officer will be receiving much more than $700; therefore, it could well pay for the education you're speaking, at least for this year. It's an item thatl thought was going to be brought up at this Commission meeting. Maybe this one is not the best one because, you know, we've had a lot to deal with, but I'm hoping that it does come back at the first meeting of September because we'll be right in the right timing to see exactly -- a closer view of where our estimated or projected surplus, if we have a surplus, which we should, but we'll see, more or less, where we're at and if we can actually do the bonus; andl think, as we spoke before, it was going to be across the board to all City employees at the tune of I think, $6.5 million, and I'm going on memory, Mr. Alfonso. City of Miami Page 71 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff All right, so we have a motion, we have a second. And Commissioner Spence -Jones, it's 7 o'clock, so she's going to turn into -- Commissioner Carollo: A pumpkin. Chair Sarnoff -- a pumpkin. All in favor, please say "aye. Commissioner Carollo: Aye. Commissioner Suarez: No. Chair Sarnoff No. I think it's 3-2. ToddB. Hannon (City Clerk): I'm sorry, who was the other no vote? Commissioner Suarez: I'm a "no" vote. Mr. Hannon: I have 4-1. Chair Sarnoff No. Mr. Hannon: Oh, you're a no vote? Okay, yes sir. Commissioner Suarez: Okay. Vice Chair Gort: Three -two. Note for the Record: Please see Legislative File No. 13-00779 for a complete record of the vote on Item RE.2. RE.3 RESOLUTION 13-00780 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Development PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT Authority AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("DDA"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDAS TENTATIVE BUDGET FOR SAID FISCAL YEAR. 13-00780 Memo - DDA.pdf 13-00780 Draft Resolution - DDA.pdf 13-00780 Legislation.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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0292 City of Miami Page 72 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 RE.4 13-00648 Department of Capital Improvements Program Chair Sarnoff Okay. All right, we're back in session. Commissioner Spence -Jones: Yes. Chair Sarnoff All right, the first time certain I see right now is the DDA (Downtown Development Authority) millage rate, so will the DDA please step up? Alyce Robertson: Good evening or good afternoon; whatever time of day it is. Alyce Robertson, executive director of the Miami DDA. I am here with Neisen Kasdin, who is the vice chair of the DDA. On his way is our treasurer, but he's having a little difficulty parking out front, which is Al West. So what -- the item that is before you is setting the maximum millage agenda [sic] at .478 mills, which is the exact same rate that it was last year and the year before, and that is above the rollback millage of -- it's .0551 above the roll -back millage. Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff All right, we have a 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 Thank you. Todd B. Hannon (City Clerk): And Chair, for the record, this item will be as amended. It now has the DDA's millage rate in the resolution, as amended. Chair Sarnoff Thank you. Ms. Robertson: Correct. Commissioner Spence -Jones: Thankyou. Ms. Robertson: Thankyou. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 15, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-034, FROM KEARNS CONSTRUCTION COMPANY, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE SPOIL ISLAND E RESTORATION AND FLOATING DOCK PROJECT, B-30721, IN THE AMOUNT OF $188,040, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $18,804, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $206,844; ALLOCATING FUNDS IN THE AMOUNT OF $206,844, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30721, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. City of Miami Page 73 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 13-00648 Summary Form.pdf 13-00648 Legislation.pdf 13-00648 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, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0295 Chair Sarnoff City millage is next. Do you want to wait for a full --? Commissioner Spence -Jones: Yeah. I think we should wait till Commissioner Suarez gets here. Chair Sarnoff Suarez, okay. Commissioner Spence -Jones: DDA (Downtown Development Authority) we handled already, right? Vice Chair Gort: Yes. Chair Sarnoff Okay, RE.4 is next. Mark Spanioli: Good afternoon again, Commissioners. Mark Spanioli, Capital Improvements director. RE.4 is a contract award to Kearns Construction for the Spoil Island E floating dock reconstruction in the amount of $206,844. Commissioner Spence -Jones: So move. Chair Sarnoff Motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.5 RESOLUTION 13-00783 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner MANAGER TO INVESTIGATE THE LEGAL AND LOGISTICAL ISSUES Francis Suarez INVOLVED IN THE IMPLEMENTATION OF A FICAALTERNATIVE PROGRAM FOR ALL TEMPORARY, SEASONAL AND PART-TIME EMPLOYEES AND TO PREPARE A WRITTEN REPORT TO THE CITY COMMISSION WITHIN SIXTY (60) DAYS. 13-00783 Frequently Asked Questions - FICA Alternative Plan.pdf 13-00783 Memo of The City of Green Bay - FICAAIternative Plan.pdf 13-00783 Legislation. pdf 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 74 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0303 Commissioner Suarez: Hey, just real quick. Before -- Chair Sarnoff You're recognized, Commissioner Suarez. Commissioner Suarez: We obviously don't have our whole Commission here, so before proceeding to this item, if we could just take up RE.5 -- Chair Sarnoff Go ahead. Commissioner Suarez: -- which should take a second. RE.5 is the FICA (Federal Insurance Contribution Act) alternative that brought up as a discussion item several times. It would save the City approximately $341, 000 if we were to implement it. Obviously, we always are discussing spending that kind of money or reducing that kind of money, and we always sometimes, I think, over -emphasize what it's for, but this reso (resolution) is simply to request that the Administration look at this possibility and come back to us with a report in 30 days. So if -- you know, if that's okay, I'd like to move this item, RE. 5. Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Gort. Any discussion? Commissioner Suarez: I'm sorry; one modification. The City Manager requested 60 days, and so I apologize. I did agree with him that it would be 60 days, an even 60 days. So I amend my motion to make it 60 days. Chair Sarnoff Seconder accepts? Vice Chair Gort: Yes. Chair Sarnoff Seconder accepts. Any further discussion? No further discussion being heard, all in favor, please say aye." The Commission (Collectively): Aye. RE.6 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), WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. City of Miami Page 75 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 13-00325 Summary Form.pdf 13-00325 Legislation.pdf 13-00325 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Carollo and Spence -Jones Noes: 2 - Commissioner(s) Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez Chair Sarnoff RE.5 is -- isn't that really --? Commissioner Spence -Jones: That's a combination between him and I, so we can move on. Chair Sarnoff Fine. Commissioner Spence -Jones: Okay. Chair Sarnoff RE. 6. Henry Torre (Director, Public Facilities): Good afternoon, Commissioners. Henry Torre. RE.6 is a resolution authorizing the City Manager to execute a revocable license agreement between the City ofMiami and Beasley -Reed Acquisitions Partnership for use of approximately 2.2 acres of City -owned property and improvements located in Virginia Key for a monthly use fee of $15,953 a month. I would like to add that we need to strike all references to if term of five years" from the agenda summary form and the resolution. Chair Sarnoff Oh, I'm sorry. Commissioner Spence -Jones: Do you have any questions? Chair Sarnoff I don't have any questions. I do have -- Vice Chair Gort: I'll make a motion for discussion. Chair Sarnoff Motion by Commissioner Gort. Commissioner Spence -Jones: Second for discussion. I want to hear your thoughts on this. Chair Sarnoff I just want to put on the record that Henry Torre received a e-mail (electronic) from Grace Solares, or somebody purporting to be Grace Solares, which says, 1f this matter passes in this fashion, I am entertaining bringing this matter before the Ethics Commission against every Commissioner that votes in favor based upon revealing"- the revealing e-mail of Ms. Xiques." Commissioner Spence -Jones: Xiques. Chair Sarnoff Take Care. Grace. "Now -- Commissioner Spence -Jones: What does that mean? I mean -- Chair Sarnoff Yeah. From my perspective, Madam -- City ofMiami Page 76 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: -- (UNINTELLIGIBLE) on RE. 6? Chair Sarnoff Sorry? Commissioner Spence -Jones: On RE. 6? Chair Sarnoff I believe she is referencing the waterfront property. She is referencing RE. 6, yes. I apologize, Commissioner Spence -Jones. The subject matter of her e-mail is RE.6, Beasley. Madam City Attorney, I don't know that in good faith I can vote on this, because I am concerned thatl would be brought up to the Ethics Commission for merely voting my conscience on this, and as such, this has given a chilling effect to me, and would cost me personal expenditure of funds and bring the public light if you will in an unfavorable way to me, despite the fact you seem to think there's nothing wrong with RE. 6, but I'm telling you I can't vote for it because I'm afraid to. Commissioner Spence -Jones: Well, I'm withdrawing my second then, because I definitely don't need no headaches. Julie O. Bru (City Attorney): Mr. Chair, Madam City Commissioner and Mr. City Commissioner, this item is lawfully and properly before you. I am familiar with the e-mail from Ms. Solares. I believe that she is wrong. I believe that she is attempting to influence you to abstain from voting when in fact, the law compels you to vote unless you have a conflict of interest, which you don't have in this case. What we're doing here is of a temporary nature. This is not a conveyance of a property interest. This is something that the City is doing for the convenience of the City and the public. Under the very broad home rule power that the Florida Constitution affords to municipalities, you are able to do anything that is permissible unless it is expressively prohibited. What the Charter prohibits you is from conveying an interest in property without going through a competitive bid process. In this case, a lease has expired. The City is in the process of putting together a solicitation, and in order to continue the services being provided at this parcel, in order to not interrupt the flow of revenue that the City is receiving, we're adopting this revocable license, which is terminable at will, at the convenience of the City, without cause. Therefore, it doesn't constitute a lease, and therefore, it is permissible. Now, it is regrettable that she, Ms. Solares is attempting to chill or somehow make it difficult for you to perform the duties that you are required to perform under the law, because once you take an oath, you take an oath to vote on any matter that is before you unless you have a conflict, so I can assure you that -- that there is no conflict in you voting. I have analyzed the document that's before you, andl don't believe that that document in any way, shape or form constitutes a violation of the Code or the Charter of the City ofMiami, and as far as her threatening e-mail, I -- you know -- can't advise you how to handle that. Personally, I could see why you feel that, you know, somehow, you're being attempted to be influenced in a way that prevents you from performing your duties but -- Commissioner Spence -Jones: And that was -- I just want to be clear, because maybe my chief of staff got it. Was that sent to all the Commissioners? Oh, it was just sent to Henry. Mr. Torre: It was sent to me, Commissioner. Commissioner Spence -Jones: Oh, okay. Oh, and you just forwarded it to --? Mr. Torre: I made a copy. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff Well -- City ofMiami Page 77 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: So you were doing this just to make sure that we were aware of what was going on? Mr. Torre: Right, right. Vice Chair Gort: Question: My understanding, this is an existing contract -- Mr. Torre: It's an existing lease -- Vice Chair Gort: That we've had. Mr. Torre: Yes, that -- it terminates, due to expire first week in September. Vice Chair Gort: Right. Mr. Torre: We have every intention of completing a RFP (Request for Proposals) to relocate AM/FM radio booster facility somewhere else on Virginia Key. At that time, Beasley -Reed will have the opportunity to bid that, but for now, this is just a temporary use agreement. Vice Chair Gort: A revocable agreement. Mr. Torre: Revocable at will. Vice Chair Gort: Okay. Commissioner Spence -Jones: Okay, can I just say -- ask a question? First of all, Henry, is this something we need to do today? And then -- that's my first question. And then my second question is I'm just trying to understand, what is the revealing e-mail? Ms. Bru: What she's referring to was an e-mail that Assistant City Attorney Xiques sent to the Virginia Key Park Trust explaining the different options that are available with respect to conveying an interest in City property, andl think that Ms. Xiques used the word that, you know, you have to go through the Charter if you're going to lease, and you have to do this, and the 29B, and the three bids, and the referendum and all that. And then she used the phrase Sometimes it's convenient for the City to use a revocable license. "That is an appropriate word to use, but I guess Ms. Grace wants to, you know, assume that it was being used in a manner that was attempting to convey some kind of you know -- Commissioner Spence -Jones: Okay, can I just ask a quick question? First of all, is this necessary to do before we come back? Alice Bravo (Chief of Infrastructure): Let me add one thing. Alice Bravo, Assistant City Manager. The current lease expires before our next Commission meeting and -- Commissioner Spence -Jones: Okay, but we've done -- I mean, we've extended, you know -- Ms. Bravo: And the tent is located on the Virginia Key landfill that within the next two years, Dade County will begin their mediation process -- Commissioner Spence -Jones: I know but we're only -- Ms. Bravo: -- so this is to let them stay there until that begins. Commissioner Spence -Jones: I know, but it's just a month, and quite frankly, the only three Commissioners that would be affected by this is the ones that are sitting up here, because the City of Miami Page 78 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 other two aren't. So my recommendation is let's just deal with this when it -- if it's not pressing to deal with, when we return, I would suggest that we -- unless you guys feel something differently. Chair Sarnoff Well, I want to say something. If Madam City Attorney is telling me that am duty bound to vote up here, unless I suddenly have to go to the bathroom, which apparently my other two colleagues had to do, I have to sit here and vote my conscience. Commissioner Spence -Jones: Yeah, but Mr. Chairman, well, one of them did not have to go to the bathroom, which you know he told you he had to (UNINTELLIGIBLE) -- Chair Sarnoff Well, that's true. I apologize. Commissioner Spence -Jones: Three -forty-five. Chair Sarnoff I apologize. Commissioner Spence -Jones: So not that I'm talking about his personal business, but -- or either one of their personal business -- but I don't think it harms us in any way to defer this item until September. I mean, let's get the information. Let's get the facts. First of all, I'm not -- we're not going to be bullied by anyone making any statements about whether or not something is right or wrong. So, you know, I retract my statement of not having, you know, not having -- being in the middle of the drama, butl do want to make sure we get the information, andl don't want to have like an e-mail show up on the 24th hour, 23rd hour, you know. Andl didn't even get the e-mail. You got the e-mail, you know, so, but it's okay, but I'm saying we didn't -- I don't know if the other ones did or not, because they're not here. So I don't see the harm in us waiting until September. Chair Sarnoff Can we -- let me just vet out one more thing with the Madam City Attorney. Will your opinion change in September ifI happen to be sitting up here and not have to go to the bathroom? Ms. Bru: No, no. It is what it is. I mean this is -- Chair Sarnoff So you have sufficiently determined from a legal analysis that I am duty bound to vote on this issue as a duly elected official on behalf of the City ofMiami. Commissioner Spence -Jones: Well, now you have another one. Ms. Bru: Absolutely. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yeah, you're recognized. Commissioner Carollo: Thank you. We can't have it both ways. I mean, either we're in the back working on the grove, fields and getting our questions answered or we're here on the dais. I mean, you can't have it both ways. You want me here? I make a motion to defer it. That's it. Commissioner Spence -Jones: That's it. That's what I said. Commissioner Carollo: I make a motion to defer to the next meeting. What's the big deal? Commissioner Spence -Jones: Second. Chair Sarnoff Well -- City ofMiami Page 79 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: You got a motion and a second. Call the question. Chair Sarnoff Wait, wait, because maybe you'd like this information. Will we continue to receive the lease pay -- will we continue to receive the payment for the use of the facility? Commissioner Spence -Jones: Yeah, but we're only talking about a month. Chair Sarnoff Well, it's $15,953. Commissioner Spence -Jones: Marc, we have done this before. Mr. Torre: Commissioner, it's not only the rent, andl guess I'll let Julie opine, but all the indemnifications that the City enjoys in that agreement will expire September 2. Correct? Ms. Bru: Apparently, and I've been told that there's no holdover provision in the lease. Mr. Torre: There is none. Ms. Bru: You know, they would have to relinquish possession, and they would have to remove their facilities and might as well then forget about this because -- Mr. Torre: Yeah. Commissioner Spence -Jones: Okay, let me -- and I'm glad that Neal just reminded me, and you already know this. From our office perspective, we were going back and forth on this issue of revocable license versus lease, so this, you know, this is not like a new conversation. Mr. Torre: Correct. Commissioner Spence -Jones: Okay, so to me, I mean, I'm just one vote, you know, I support deferring the item, because I would like to have more information on it based upon not only this, but I want to be clear. Can we get a written ethics opinion from the Ethics Commission as to whether or not this is an issue? Ms. Bru: You know, I am not going to ask the executive director of the Miami Commission on Ethics to interpret my Charter. I have interpreted the Charter. I have interpreted the Code. And what is before you is lawful, and it's a proper transaction. Commissioner Spence -Jones: I'm the one -- Ms. Bru: You know, and Grace Solares is not the City Attorney, but what she's trying to do is she's trying to paralyze the Commission from acting on something that you have the authority and the duty to act if it's being recommended by the Commission. Now, you can vote ho'ff you think it's bad policy, but what you shouldn't do is you shouldn't let this threat paralyze you. Commissioner Spence -Jones: And Julie, I'm the first one to back you up in your opinion, so you know that, all the way to the wall, so I'm the wrong one to say that to, okay? So just want to make sure we're clear on that. I'm simply -- Ms. Bru: You're absolutely right. Commissioner Spence -Jones: Okay. Chair Sarnoff There is a motion to defer. I will not be supporting it. I'm just letting you know. City of Miami Page 80 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: I'm not supporting this. Commissioner Spence -Jones: Okay, but guys -- Chair Sarnoff So you're going to end up with a two -two -- well, let's -- motion to defer. All in favor, please say iiye. " Commissioner Carollo: Aye. Commissioner Spence -Jones: Aye. Chair Sarnoff No. Vice Chair Gort: No. Chair Sarnoff So there's no action taken. Does somebody want to make a motion to approve RE.6? Vice Chair Gort: Move to approve. Chair Sarnoff Is there a second? Vice Chair Gort: For discussion. Chair Sarnoff I'm returning the gavel. I'll be the second. I do expect representation at the Ethics Commission, Madam City Attorney. Vice Chair Gort: Question. My understanding, you're already working on a new facility to relocate the existing -- Mr. Torre: Correct. Vice Chair Gort: -- (UNINTELLIGIBLE). And you're going to have an RFP going out. Mr. Torre: Yes, sir. Vice Chair Gort: And that RFP is already being done? Mr. Torre: It's going to start tomorrow. I'm starting on that tomorrow. Vice Chair Gort: Well, knowing how it works in here, the RFP is going to take at least three weeks -- three months. Mr. Torre: No, Commissioner. I will have a draft RFP. That one, that agreement, in the next three, four weeks. Vice Chair Gort: Fine. But we're not going to be able to make a decision till September. Mr. Torre: Correct. Vice Chair Gort: Now, my understanding is it's due -- the contract, the existing contract is due September 2. Mr. Torre: Correct. City of Miami Page 81 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: So what happens? Mr. Torre: What would happen? All the rights and privileges that we enjoy -- my understanding of the lease -- the rights and privileges the City enjoys are -- become -- they finish. Vice Chair Gort: What are the services being provided at this time? Mr. Torre: The service that's being provided? Well, there's a service to the residents, because it is an AM/FM radio booster, benefits directly for the City ofMiami in my opinion. It's over -- close to $16,000 a month in rent that we would receive. Vice Chair Gort: Okay. Any further questions, discussion? Being -- all in favor, state it by saying iiye. " Chair Sarnoff Aye. Commissioner Spence -Jones: No. Vice Chair Gort: Aye. Commissioner Carollo: No. Vice Chair Gort: Madam Attorney. Chair Sarnoff So RE. 6 dies. Vice Chair Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Again, we can't have it both ways. Either way, I'm doing City business. Either I stay here on the dais andl make a motion to defer, then, RE.16, whether I get a second or you vote on it or not, or I continue with what I thought the Commission wanted me to do and get my questions answered, and keep working on it. I mean, either way, I mean, I don't appreciate any smart comments with regards to the restroom or not. The bottom line is I'm here to stay until 2 in the morning, 3 in the morning, whatever it takes, and the bottom line is I am doing City business. Chair Sarnoff I owe you an apology. Commissioner Carollo: Thank you. Chair Sarnoff And I'm making it public. I should never have said that. Commissioner Carollo: Thank you. Applause. Motion by Vice Chair Gort, seconded by Chair Sarnoff, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Sarnoff Noes: 2 - Commissioner(s) Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez City ofMiami Page 82 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 RE.7 RESOLUTION 13-00806 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING TWELVE Waste (12) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVERS LICENSE IN AN AMOUNT NOT TO EXCEED $3,000 PER SCHOLARSHIP, FOR THE FOLLOWING ELIGIBLE APPLICANTS: KIM FRASIER, MARCHAE GLENN, DIANAJULES, WENDY KELLY, NICHOLAS MARTIN, RONNIE MCDONALD, ERLAIN PETITFRERE, SCOTTY ROGERS, CAMILO ROJAS, SHERICA SMITH, HENDRICK TOUSSAINTAND TRENARIS TIMMONS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NUMBER 13000.212000.534000.0000.00000. 13-00806 Summary Form.pdf 13-00806 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez R-13-0296 Commissioner Spence -Jones: So RE.7? Chair Sarnoff RE.7. Wait a minute. RE.7. Keith Carswell: Commissioners, good afternoon. Keith Carswell, director, Department of Solid Waste. Following the recommendation of the scholarship review committee, which consists of two representatives from the union, a representative from -- Commissioner Spence -Jones: So move. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Carswell: Thank you. RE.8 RESOLUTION 13-00805 City of Miami Page 83 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), WITH ERNST & YOUNG LLP, FOR THE PROVISION OF EXTERNAL AUDITING SERVICES, IN AN AMOUNT NOT TO EXCEED $67,000, THEREBY INCREASING THE MAXIMUM ANNUAL COMPENSATION AMOUNT FROM $550,000 TO AN AMOUNT NOT TO EXCEED $617,000, FOR FISCAL YEAR 2012; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00805 Summary Form.pdf 13-00805 Pre -Service Agreement.pdf 13-00805 Pre-Legislation.pdf 13-00805 Legislation.pdf 13-00805 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones RE.9 13-00833 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) CONSTRUCTION ACCESS AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE MIAMI-DADE COUNTY SCHOOL BOARD, FOR THE CONSTRUCTION OF THE OVERTOWN GREENWAY PROJECT, B-30624; CONVEYING TO THE CITY OF MIAMI ("CITY") A STRIP OF LAND ON THE SOUTHERN PORTION OF BOOKER T. WASHINGTON SENIOR HIGH SCHOOL ("HIGH SCHOOL") FOR RIGHT-OF-WAY PURPOSES AND AN EXISTING PORTION OF THE PARKING LOT OF THE HIGH SCHOOL FOR CONNECTIVITY TO NORTHWEST 7TH AVENUE, MIAMI, FLORIDA; GRANTING THE CITY THE RIGHT TO ACCESS A PORTION OF THE HIGH SCHOOL AND FREDERICK DOUGLASS ELEMENTARY SCHOOL, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, FOR THE PURPOSE OF PERFORMING THE SCOPE OF WORK. 13-00833 Summary Form.pdf 13-00833 Legislation.pdf 13-00833 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez R-13-0297 Chair Sarnoff RE.9. MarkSpanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital City of Miami Page 84 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 RE.10 13-00795 City Manager's Office Improvements. RE.9 is two construction access agreements with the school board for the conveyance of portions of the Booker T. Washington property for the Commissioner Spence -Jones: So move. Mr. Spanioli: -- purposes of constructing the Overtown Greenway Project. Commissioner Spence -Jones: So move. Chair Sarnoff Moved by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INSTITUTE ANY AND ALL ACTIONS AUTHORIZED IN LAW OR IN EQUITY, NECESSARY OR PERMITTED, AGAINST THE OWNER(S) OF THE PROPERTY LOCATED AT 299 SOUTHWEST 17TH ROAD, MIAMI, FLORIDA, FOLIO NO. 01-4138-002-0020, TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER FEDERAL, STATE OR LOCAL, REGARDING SIGNAGE. 13-00795 Summary Form.pdf 13-00795 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones RE.11 13-00796 City Manager's Office Note for the Record: Item RE.10 was deferred to the September 12, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON CUSTOMARY USE FOR LOCAL ZONING CONTROL FOR MURALS UNDER THE HIGHWAY BEAUTIFICATION ACT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION, FOR THE PURPOSE OF ESTABLISHING DISTANCE REQUIREMENTS AND PROVIDING COMPLIANCE PROVISIONS FOR EXISTING NON -CONFORMING MURALS. 13-00796 Summary Form.pdf 13-00796 Legislation.pdf 13-00796 Exhibit 1.pdf City of Miami Page 85 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones RE.12 13-00797 City Manager's Office RE.13 13-00832 Note for the Record: Item RE.11 was deferred to the September 12, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCURRENCE LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, REGARDING THE FLORIDA DEPARTMENT OF TRANSPORTATIONS DETERMINATION OF CUSTOMARY LOCAL USE FOR WALL MURALS WITHIN SPECIFIED BOUNDARIES UNDER THE CITY OF MIAMI'S JURISDICTION, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 13-00797 Summary Form.pdf 13-00797 Legislation.pdf 13-00797 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Department of Capital Improvements Program Note for the Record: Item RE.12 was deferred to the September 12, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT OF CONSTRUCTION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE ROCKERMAN CANAL IMPROVEMENTS PROJECT, B-30680. 13-00832 Summary Form.pdf 13-00832 Legislation.pdf 13-00832 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0298 Chair Sarnoff RE.13. Mark Spanioli (Director, Capital Improvements Program): Commissioners, RE.13 is a covenant of construction that is required by Miami -Dade County for the permitting of the Rockerman Canal Shoreline Improvement Project. It's a District 2 project at Kennedy Park. City of Miami Page 86 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Commissioner Carollo: Yeah, I do want to discuss this. This is something that we voted back in 2010. I believe it was 2010, Commissioner Sarnoff. I don't remember exactly. We -- let me ask you, we have to give Dade County the easement and what's the reason; does it have to do something with -- I forgot if --? Mr. Spanioli: There's two phases of the project, Commissioner. The first phase was the dredging and the second phase is the shoreline stabilization and mangrove trimming and planting. This is the second phase of the project. Basically, it's basically maintenance in perpetuity of the shoreline. The City will be handling the maintenance of the shoreline once it's constructed. Commissioner Carollo: Once the City will be handling the maintenance of the shoreline -- Mr. Spanioli: Right, (UNINTELLIGIBLE). Commissioner Carollo: Who handles it -- who handles it now the County? Mr. Spanioli: I think we do, either the Parks or Public Works Department. Commissioner Carollo: No, there's a reason why we're doing this easement then. Mr. Spanioli: It was required in order for us to get the actual permit for construction. Now, you have to have this covenant of construction approved by the Commission and submitted to the County for permitting. Commissioner Carollo: Commissioner Sarnoff, do you know if the County right now is doing the maintenance or --? Chair Sarnoff No. We do the maintenance. They -- DERM (Department of Environmental Resource Management) approves us for the rip -rapping. You know what rip -rapping is? That's where you stabilize the shoreline with the netting, the metal netting, andl believe the easement -- correct me if I'm wrong. Is it not a construction easement? Mr. Spanioli: That's correct. Chair Sarnoff Right. So it's a temporary construction? Mr. Spanioli: But it does require us to maintain the shoreline Chair Sarnoff Right. Mr. Spanioli: For perpetuity. Chair Sarnoff Right. Commissioner Carollo: Well, who maintains the shoreline now? Right. City of Miami Page 87 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Theoretically, we do, but we didn't. So the answer -- Commissioner Carollo: We do, but we didn't? Chair Sarnoff Yeah. No. In other words, that was part of the engrossing problem of Rockerman Canal. We should have been maintaining it, but we never did. Commissioner Carollo: IfI recall, it was a -- some type of deal that we did where we were going to pay half, the neighbors were going to pay half -- Chair Sarnoff Correct. Vice Chair Gort: Yeah. Chair Sarnoff Right. The argument was it inured to the benefit of some of the neighbors to the south and they paid half, we paid half, and then we got a little launch -- we will end up with a little launch facility for (UNINTELLIGIBLE). Commissioner Carollo: I gotcha, I gotcha. Okay. Chair Sarnoff So RE.13, we have a motion, we have a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.14 RESOLUTION 13-00837 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING IN ITS Commissioner Marc ENTIRETY, RESOLUTION NO. 13-0216, ADOPTED JUNE 13, 2013; David Sarnoff AUTHORIZING THE PURCHASE AND RESERVATION OF SHELTER BEDS FROM THE MIAMI-DADE HOMELESS TRUST, FORA PERIOD OF ONE (1) YEAR AND FOUR (4) MONTHS, AT AN AMOUNT NOT TO EXCEED $240,297.75; ALLOCATING FUNDS FROM THE PROJECTED FISCAL YEAR 2012-2013 BUDGET SURPLUS, SUBJECT TO SAID RESERVED SHELTER BEDS' EXCLUSIVE DESIGNATION FOR CITY OF MIAMI HOMELESS INDIVIDUALS AND THE AVAILABILITY OF FUNDS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE HOMELESS TRUST. 13-00837 Pre-Legislation.pdf 13-00837 Legislation.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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0299 Chair Sarnoff All right, RE.14 is a resolution of the City ofMiami rescinding in its entirety Resolution 130 --I'm sorry -- 13-0216, adopted June 13, 2013; authorizing the purchase and City ofMiami Page 88 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 RE.15 13-00395 City Manager's Office reservation of shelter beds from the Miami -Dade Homeless Trust for a period of one year and four months at an amount not to exceed $240, 000; allocating funds from the projected fiscal year 2012-2013 budget surplus; subject to said reserved beds' exclusive designation for the City of Miami homeless individuals and the availability offunds; directing the Clerk to transmit a copy of this resolution to the Miami -Dade Homeless Trust. For those of you that don't already know, Miami -Dade County did provide us with what will turn out to be about approximately 85 shelter beds through the competitive bid process. If you look at our resolution, if you just look at Number 3, what think we should do in that is add -- and I'm reading directly from the Pottinger settlement, Paragraph 11. So what I'm saying is what we should put in, when you see at the very end of the sentence in Section 3 is "and the availability of funds. " I would change the period to a comma, and say, "or beds at an available shelter at no cost to the homeless person within the territorial boundaries of the City ofMiami or within one mile thereof that treats homeless persons with dignity and respect, imposes no religious requirements and does not impose involuntary substance abuse or mental health treatment." Commissioner Spence -Jones: Mr. Chairman, I just wanted to make sure. I see that we're rescinding the resolution andl don't know if we've actually had a conversation. I did see Mr. Book earlier. That's why I wanted to be clear. Are they clear on their side? Because when I had a sidebar conversation with him, he was saying something about you guys were -- he wanted to -- he supports the item, that's number one, but he wanted you to make sure -- he wanted to make sure that it was -- I guess he wanted to have it stream -- you wanted to make it streamlined, and he was saying that he felt that it needed to just be open. Chair Sarnoff I want to make sure, Commissioner that we comport with Pottinger. What I've done is put the Pottinger definition of a shelter bed in our resolution for the use of these funds. What the Homeless Trust goes on and does beyond that -- Commissioner Spence -Jones: Oh, I see. Chair Sarnoff -- is really up to the Homeless Trust. I want to put the City ofMiami -- Commissioner Spence -Jones: I gotcha. Chair Sarnoff -- in the best possible posture I can. Commissioner Spence -Jones: So moved. Chair Sarnoff Thank you. Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones; second Commissioner Gort. Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 275283,6, THAT THE PROPOSER CROWN CASTLE USA, INC., IS RESPONSIVE TO THE RFP REQUIREMENTS; AUTHORIZING THE CITY City ofMiami Page 89 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 MANAGER TO EXECUTE A TELECOMMUNICATIONS SITE MANAGER SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SOLE RESPONSIVE AND RESPONSIBLE PROPOSER, CROWN CASTLE USA, INC., TO PROVIDE TELECOMMUNICATIONS SIGNAL BOOSTER MANAGEMENT SERVICES, FORA PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS. 13-00395 Summary Form.pdf 13-00395 Detail by FEI-EIN Number.pdf 13-00395 Licensee Details.pdf 13-00395 Legislation.pdf 13-00395 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 R-1 3-0300 Chair Sarnoff All right, so we are now on -- Daniel J. Alfonso (Acting City Manager): RE.15. Chair Sarnoff -- RE.15. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. RE.15 is a contract award resolution approving a contract with Crown Castle USA in response to Request for Proposals 275283 for telecommunications site manager services; authorizing the City Manager to execute an agreement for a term of five years with options to renew for five additional one-year periods. This is a revenue -generating contract that will guarantee payments to the City ofMiami at a minimum amount of $500, 000 over the term of the agreement. Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by Commissioner Spence -Jones. Vice Chair Gort: Second, butl would like for you to explain in specific the benefits it's going to bring. Mr. Robertson: Sure. Chair Sarnoff Second by Commissioner Gort, and you're recognized for the record. Mr. Robertson: This agreement authorizes the City to enter into license -- third party license agreements between Crown Castle and telecommunications providers for usage of small square footage areas on various City properties that don't have deed restrictions. As a result of implementing some infrastructure on the properties, the City would enjoy a percentage of gross proceeds from the use of those facilities for telecommunications booster services for various cell phone networks. Vice Chair Gort: And my understanding is each location would come to be approved by us. Mr. Robertson: No. Each location would be subject to the building and zoning requirements of City ofMiami Page 90 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 the Code. Vice Chair Gort: No, I understand. If they comply with all the building and zoning requirement, we still have to move and approve by the City Administration. Unidentified Speaker: Correct. Vice Chair Gort: Okay. Mr. Robertson: Correct. Chair Sarnoff All right. Any further discussion? All right. I think we have a motion and we have a second, right? Todd B. Hannon (City Clerk): Yes, sir, but -- and my apologies -- clarification for the record. Is there a substitute to be submitted into the record? Chair Sarnoff No. Mr. Robertson: No. Mr. Hannon: Okay, my apologies. Chair Sarnoff All right. All in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff All right. RE.16. Commissioner Spence -Jones: 16 and 17 (UNINTELLIGIBLE). Chair Sarnoff Oh, you're right, you're right. So now we -- Commissioner Spence -Jones: (UNINTELLIGIBLE) -- I'm sorry. Chair Sarnoff That's all right. Commissioner Spence -Jones: (UNINTELLIGIBLE) to ask you quickly on the discussion items, some of these items you're not going to deal with today, right? Chair Sarnoff Well, I won't deal with DI.1, obviously, without Suarez being here. Commissioner Spence -Jones: Right. Chair Sarnoff DI.2, you've asked me not to bring up before and I'm okay with that. Commissioner Spence -Jones: Okay. Vice Chair Gort: We have the attorney committee (UNINTELLIGIBLE). Commissioner Spence -Jones: We did the auditor already. Chair Sarnoff DI.4, I said that I would not discuss 'cause the City asked me not to. RE.16 RESOLUTION City of Miami Page 91 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 13-00781 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE CITY MANAGERS RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT GROVE BAY INVESTMENTS GROUP, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 12-13-001, LEASE OF CITY OF MIAMI OWNED WATERFRONT PROPERTY FOR MARINA/RESTAURANT USES LOCATED AT 3385 PAN AMERICAN DRIVE, 3351 AND 3377 CHARTHOUSE DRIVE, MIAMI, FLORIDA33133; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY, FOR AN INITIAL TERM OF FIFTY (50) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF THE GREATER OF A MINIMUM ANNUAL BASE RENT OF $1.8 MILLION PAYABLE IN TWELVE EQUAL MONTHLY INSTALLMENTS OR PERCENTAGE RENT WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNLESS AND UNTIL THE ELECTORATE HAS CAST A FAVORABLE VOTE APPROVING THE TRANSACTION AS REQUIRED BY CITY CHARTER SECTION 29-B. 13-00781 Summary Form.pdf 13-00781 Memo - Selection Committee Recommendation.pdf 13-00781 Legislation.pdf 13-00781 Exhibit 1 SUB.pdf 13-00781-Submittal-Presentation. pdf 13-00781-Submittal-Commissioner Carollo.pdf 13-00781-Submittal-Hadley Williams.pdf 13-00781-Submittal-Grove Bay Investment Group LLC Gross Revenue Report.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, 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 R-13-0304 Chair Sarnoff All right, PH.5. ToddB. Hannon (City Clerk): Chair, PH (Public Hearing) -- Chair Sarnoff Oh, that's a time certain. I apologize. Mr. Hannon: Yes, sir. Chair Sarnoff I'll write that down. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: There's -- andl know we have a lot of important items in this Commission meeting. There is one regarding the lease -- I don't know the exact name -- the City of Miami Page 92 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Grove -- Chair Sarnoff Grove Key Marina? Commissioner Carollo: Grove Key. That is a 50-year lease. I could tell you my preference right from the beginning was to defer it; however, I wanted to have a discussion on it. Now, with that said, I don't know what the will of this Commission is, but I want to be frank with everybody. You know, I only had five business days, which they met the five-day rule, you know, and I've studied as much as I can with it. Now, I want to be fair with everybody, andl want to start discussing it, because I want to start putting things on the record, see if some of this documentation can be provided today or not or what or where we are at so -- Chair Sarnoff So let's start -- do you want to start discussing? Commissioner Carollo: Yeah. So that's why I'm hoping instead of just leaving it toward the end and then, you know, I want to be fair with everybody. I want to start putting things on the record of -- I wouldn't call them "issues," but questions that I would have, andl want to see if they could be answered. Chair Sarnoff What is the item? Commissioner Spence -Jones: Yeah, what number? Commissioner Carollo: RE.16, I believe. Chair Sarnoff RE (Resolution) -- Commissioner Spence -Jones: Can we get through the SRs (Second Readings) so we could be done with those really fast? Chair Sarnoff Well, no, I think his point is well taken. Let him put on the record so in the lunch break -- Commissioner Spence -Jones: I think that's going to be a longer discussion. For me, I know it is. Commissioner Carollo: It is going to be a long discussion but -- Commissioner Spence -Jones: That's what I'm saying. I was just trying to get some of the stuff off because I know that we have a long meeting -- I mean, a meeting tonight, correct, in PZ (Planning & Zoning)? Commissioner Suarez: We'll be out of here tomorrow. Commissioner Carollo: That's fine. Chair Sarnoff No. I think you'll be here late into the night. Commissioner Spence -Jones: Right. And I know you -- Mr. Chairman, they told you that I would not be here after 7, right? Chair Sarnoff I didn't know that. Vice Chair Gort: After 10. Commissioner Spence -Jones: No, after 7. City of Miami Page 93 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: Oh, 7. Commissioner Spence -Jones: So that's why I want to really make sure thatl get the items of importance out of the way so we can get rid of some of these items. Commissioner Carollo: And by the way, Mr. Chairman, I'm not -- I don't necessarily need to do it right now. What I'm saying is, hey, listen, I don't want to push this toward the end -- Commissioner Suarez: I think you should -- Commissioner Carollo: -- where we have no time where -- Commissioner Spence -Jones: No, I got you. Commissioner Carollo: You know, I want to be fair to everyone. I'm trying to be fair to everyone, but at the same time, listen, I have a fiduciary duty to the City ofMiami and the residents, and I'm going to put, you know, questions, you know, on the dais. Chair Sarnoff Is your --? Commissioner Carollo: So -- Vice Chair Gort: Let me tell you something. I think it would be very important that we bring all the issues out, because this has got to be voted by the residents of the City ofMiami, so we want to make sure that the residents have all the information -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- so whenever it goes to the election, they have all the information necessary to vote for it, either for or against. Thank you. Chair Sarnoff So, to me, the way to do this is to get as many issues as you can get out before lunch so that they have time to react to your issues during lunch, and they'll have a working lunch, and so why don't we just start that way? 'Cause I think the other REs and stuff are not that difficult. Commissioner Spence -Jones: But let me ask -- 'cause I think that what he was asking for, even if we give it to him or we go through these things and they go over it during lunch, to my understanding, he's still asking for it to be deferred. Chair Sarnoff No. Commissioner Carollo: Well, I haven't asked for it to be deferred right now. Commissioner Spence -Jones: Oh, okay. Commissioner Carollo: Okay. I haven't asked for it to be deferred. Commissioner Spence -Jones: No problem. Commissioner Carollo: I mean, my preference is for it to be deferred, but at the same time, I'm trying to be fair to all parties. There also needs to be fairness to this Commissioner and the Commission also, but -- because in all fairness, I did not know this was coming for this Commission meeting until started reading the agenda. And, yeah, it was within the five-day City ofMiami Page 94 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 rule, so it's not like, you know, anything was wrong, but I didn't get a heads up. So it's a lot of information. Chair Sarnoff So let's do this -- Commissioner Carollo: Not to mention, I spent a lot of time on it to the detriment of other items, even red-light cameras. I mean, there's only so much time you have to read. Chair Sarnoff -- are you -- do you feel capable enough to put your questions out there, or do you want this to be -- how do you want to proceed so you --? Commissioner Carollo: No. Chair Sarnoff If you have areas of inquiry -- Commissioner Carollo: Yes. Chair Sarnoff -- let's put them on the record now. Commissioner Carollo: Yes. And that's why I asked for the -- Chair Sarnoff So why don't we call up -- Commissioner Carollo: -- point of privilege -- Chair Sarnoff -- let's call up RE.16. Commissioner Spence -Jones: RE.16? Commissioner Carollo: Andl don't know how -- if we're going to start with a presentation or how you want to start. I just -- Chair Sarnoff I would prefer -- Commissioner Carollo: What I don't want is for this to get pushed back and pushed back. And you know what? It may even work to my favor because I may then defer it or we may have the votes to defer it. So it may even work to my -- but I'm trying to be fair to everybody. I want to really see, hey, can we get some of these questions asked? Chair Sarnoff All right. Commissioner Spence -Jones: Right. Chair Sarnoff . So here's what -- 'cause it's my meeting to run. Here's what I'm going to suggest: Let him put his questions on the record and then they'll make the presentation in the afternoon, because the presentation, you know what it's going to -- you pretty much know what it Commissioner Carollo: No, I don't know what it's -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: --going to say. I didn't attend the committee meetings or whatever there was, so I don't know what they're going to say. All I had was the books and -- or their RFP (Request for Proposals) booklet or submission and whatever was in the agenda. I mean, I don't City of Miami Page 95 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 know what the presentation is going to be. I would imagine it's something related to it but -- Chair Sarnoff So to satisfy your inquiry, would you prefer there be a presentation made now or would you prefer putting your questions on the record? Commissioner Carollo: I'd say they should do their presentation to see -- Chair Sarnoff Okay. Commissioner Carollo: -- if some of my answers -- Chair Sarnoff Let's proceed the way you're most comfortable. Commissioner Carollo: -- some of my questions are answered. Commissioner Spence -Jones: Mr. Chairman, I just want to say as we start, you know, just looking at the window of time, just trying to keep everything moving in an orderly fashion, I know that they have to present, which is going to take time, and then we have -- so just know we're going past the 12 o'clock hour on this issue. Chair Sarnoff Fair enough. Commissioner Spence -Jones: Okay. Henry Torre: Morning. Henry Torre, director of Public Facilities. RE.16 is a resolution accepting the City Manager's recommendation approving the findings of the Selection Committee, that Grove Bay Investment Group, T,T C (Limited Liability Company) is the top -ranked proposer for the Request for Proposals Number 12-13-001, lease of City -owned waterfront property for marina/restaurant uses, located at 3385 Pan American Drive, 3351 and 3377 Charthouse Drive; authorizing and directing the City Manager to execute a lease in substantially the attached form, subject to review and approval of the Office of the City Attorney, for an initial term of 50 years, with two 15-year renewal terms, and payment of the greater of a minimum annual base rent of $1.8 million, payable in equal monthly installments; further providing that the execution of the lease does not confer any contractual rights upon said proposer unless and until the electorate has cast a favorable vote approving the transaction as required by City Charter Section 29-B. I turn the matter over to Grove Bay Investments for a short presentation. Daniell Alfonso (Acting City Manager): Commissioners, I just wanted to give a -- it is the Administration's desire to move this item forward because of timeliness issues. I wanted to make a point that right now, we are earning approximately $800, 000 from the property in question per year. If this were to be passed, our minimum revenue would increase to about $2.2 million once the garage is completed sometime in 2016, as projected. This program allows for the resetting of the minimum base rent every 15 years or so. It has contributions from the proponent -- proposer to assist with the parking garage cost and it has minimum rents for space, whether it is rented or not. In our view, this is a good proposal and we urge your acceptance. And once it is accepted by you, it will go to referendum if passed. Chair Sarnoff Thank you, Mr. Manager. You're recognized for the record. Richard Perez: Thank you very much, Chairman Sarnoff. My name is Richard Perez, with offices at 701 Brickell Avenue, Miami, Florida. I represent Grove Bay Investment Group, T,T C, the selected proposer to move forward with this lease, subject, obviously, to your approval and ultimately the approval of the voters of the City ofMiami. I'm joined today by a big cast of characters. To limit things, I'll be making the presentation and everybody else is going to be City ofMiami Page 96 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 available for questions and answers. We have with us Eddie Garcia, who's one of the principals; Francesco Balli, who is the -- who will be in charge of restaurant operations, who's also a certified public accountant and the person who's been handling the financials; Richard Heisenbottle, who is an architect who's in charge of the historic preservation elements of this program; Bernardo Fort -Brescia is running over from his offices right now, so he'll be here shortly and available to answer your questions; andAlan Lima, who is in charge of -- hopefully will be in charge of marina operations is also running over from his office, but will be available here to answer your questions. And thank you so much for the opportunity to be here. This has been a very long process, and I'd like to first extend my thanks to City staff both your legal staff and your facility staff who have done a wonderful job here and have really sort of held our feet to the fire, both with regards to the contract and the type of benefits that -- and the types of benefits that are going to flow to the City here. But I think it's important to start with who we area. Who is Grove Bay Investments Group, T,T C? And really, it starts with the two principals, Jay Leyva and Eddie Garcia. Both of them have made the decision to headquarter their businesses in Coconut Grove. They are people who understand Coconut Grove, who are City of Miami residents. These aren't out-of-town developers who have no idea what it is to develop in Miami, what this property means to Miami. These are guys that are born and bred in Miami and have chosen to put their businesses in the City ofMiami and, particularly, in Coconut Grove. The design team is headed by Bernardo Fort -Brescia and the Arquitectonica team. Also, they could have gone anywhere in the world, and they have gone many places in the world, but the City ofMiami and Coconut Grove is the home of Arquitectonica. And why is that important? Other than these guys can get the job done, it's because this is just more to them than simply a piece of property; more to them than simply another development. They understand the importance of this property both to the City and the residents of Coconut Grove and the importance and historical significance of the opportunity to be out here and to develop this piece of property, and they've selected a team, including Richard Heisenbottle, who was instrumental in the historic -- in leading the historic effort to this very building, to redevelop this -- to renovate this very building, who understand this area. And also what's important is this is a team with a track record of success; not a track record of success somewhere else; a track record of success on a piece of property right next door doing exactly what this RFP says. Jay Leyva and his team andAlan Lima are the ones that lead the Grove Harbor team. They understand exactly what it takes to make this a success. And we've heard from a lot of people -- we've been out in the community quite a bit -- who have said, for example, "Ah, retail can't work here." You know what's funny? Jay said this to me the other day: "That's exactly what they said to us 11 years ago when we were bringing the Fresh Market down to Grove Harbor. They said, 'That will never work.'" And last year, Fresh Market made $26 million in gross revenue in that spot. They're willing to bet that they will have the same level of success there than they had here, and these are people that you have betted on -- that you have already bet on before and have succeeded, and we feel very, very comfortable that they will again succeed in this location. So given that, how did they go about looking at this RFP and this historic opportunity? The first thing is -- that they wanted to create was a transformative plan for the waterfront; not in the cheap sense of the word "transformative"; a real transformative plan, one that carries on the good work that this City Commission has already done and the City Administration has already done with regards to the Sasaki plan. They wanted to be a catalyst for that plan. They wanted to put something together that focused on moving forward that transformative plan for Coconut Grove. They also wanted and they knew, as part of the RFP, they needed to provide the best financial return to the City and make this a compelling financial case for the City. And then, obviously, they had to abide by all the terms of the RFP, which meant provide money for a parking garage, rehab to historical standards the hangars there, provide for a casual restaurant, a formal restaurant, and do all of the things that were in the RFP. And what was the driving factor of putting together the plan? And really, it was this water -- the Coconut Grove Waterfront Master Plan, and that master plan set five goals that we set to meet, and these goals are right up front in that master plan, and it was to green the waterfront, strengthen Center Grove, enhance the connections, capitalize on the views, and lengthen the bay walk. Those were the goals that you set aside for the Sasaki plan, and those are the goals that we set aside for implementing our plan. And one of the other City ofMiami Page 97 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 important factors is preserve current marine uses. And so let's go into what did we do and how did we accomplish it. And let me walk you through the plan, andl think it's important, if you turn -- this plan here is in your packet, so I just want to walk you through it and ground you on what it is that will be out there. And as you come from the top down on this, the first thing you'll see is a boat storage facility. This boat storage facility will be on this whole end, will have indoor storage and dry racks outside. What's important here -- and obviously, one of the elements is to preserve the marine use of this property. Currently, there are 325 dry stack storage. This one will have 406 dry stack storage, an increase -- a net increase of 25 percent in terms of dry stack storage. Now what's also interesting andl think provides a very unique opportunity to the City with regards to this plan is that the boat traffic here, in terms of moving the boats out, will no longer come out through this basin where it comes out now but will actually move out through the Grove Harbor property and move out in this direction, really creating enormous amounts of synergy with regards to the operation of both of the operations, and that has the incredible effect, we believe, of moving forward one of the very, very key elements of the Sasaki plan, which is to open up, really open up this whole area to pedestrian traffic. You're no longer going to have -- right here next to City Hall, you're going to have to go through this area here where you have the forklifts and the breeze coming in and that industrial. So it really creates, and we think uniquely creates, an opportunity to create synergies here, drive the synergies here while opening up this area for pedestrian movement and safe pedestrian movement. Over here you -- over here are the two formal restaurants. It's a Shula's Restaurant and the Oceano Restaurant. The Shula's Restaurant -- and you'll see some of the pictures here, and that Shula's Restaurant will have 6,500 square feet of air-conditioned space, 150 seats inside, 50 seats outside in the terrace space. The Oceano Restaurant is 5,500 square feet; again, 150 indoor, about 75 outdoor; a lot of emphasis on the outdoor seating. Andl think one of the things that you see that is important about both of those restaurants, it's all glass. It's all opened up into the waterfront. We've heard some people say there's a lot of massing on this waterfront with regards to this plan, but the reality is that it is a -- basically a one-story design. The second story is what we call the harbor terrace, which is an entertainment space. Almost all of that harbor terrace -- 7,500 square feet of that harbor terrace is just a terrace. It's all outdoor seating. There is a small portion of it which will be the second story; again, all glass, flat roof design, but really, all of that -- and the entire height is 30 feet. The hangars behind are about 57 feet. So it's substantially below what the hangar and where the hangar locations are. Then moving a little bit further, further in this direction, Hangar 42, Pub and Grub, that's the casual restaurant. We'll get in a little more detail, but I just wanted to give you here. This -- one of the hangar [sic], the hangar closest to City Hall, we envision that converting into retail with an emphasis on marine retail, and then this is our conceptual parking design for this lot. Again, that's ultimately subject to MPA (Miami Parking Authority) approval. What the RFP asks us to do is put together a conceptual design, but we do believe that something very similar to this will ultimately be built by the MPA. Andl think another important feature, andl think something that's, again, rather unique and opened up as a result of moving the traffic through Grove Harbor, is the current location where -- the current boat launch location will all become floating docks and transient docks, and if you're a boater in this community, you know one thing that this community lacks. It's places to go. Once you're in the boat, you just -- you know, you putter around, and there's very few places for you to actually go and grab a good -- you know, a good bite or go out and get some entertainment, and we think that this is going to be a really important feature of this project and really move forward this area as a marine destination more than anything else. So let's get a little bit further into the design and some of the things that animated this design. One of the things that the Arquitectonica team knew from the very beginning was that a lot of architecture on the waterfront is criticized as a result of it blocking the waterfront view from pedestrian traffic, from the community at large, and given the constraints of this site, what they wanted to do was create view corridors from South Bayshore Drive; view corridors to allow that pedestrian traffic on South Bayshore Drive and as you approach the project to see. So as you could see, they created three view corridors along South Bayshore Drive for ultimately that pedestrian traffic and the traffic coming in so that we could actually see -- something rather unique -- the waterfront from the streets and from this approach. City of Miami Page 98 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 The first of the corridors is up on this -- in this area up here. They're going to be removing the non -historical additions to these hangars, creating through this park and out through this area a view corridor out into the water. The second view corridor is a pedestrian walk, and this is a pedestrian walk and not a -- and not vehicular -- from -- out from the beginning of the project straight through. As you can see from some of the -- from especially this picture here, that pedestrian walk flows through the restaurants, through the restaurants out into a public pier, in a public pier space which is -- which will be located here. So this will be a straight pedestrian walk straight through, through the corridor and straight out into a public pier which will be accessible to the public. And the final view corridor is along the bottom edge, and again, that Pub and Grub, that casual restaurant, that's almost all outdoor seating, and it'll be a view corridor straight along this way out into the transient docks out into the -- out into that area. So three primary view corridors to cure one of the big ills, which is actually seeing the water. The other thing that animates this design is a desire to remove asphalt and replace it with green. And we've heard a lot of people say this should all be parkland, and certainly, there's going to be a significant amount of parkland in this area, and if you turn to the second page in your little booklet, what we've done is superimposed our project over the Sasaki master plan so that you could see how it all works together; how it's all designed to work together; how the pathways are aligned; how our green space aligns with the green space there; how along Pan American Drive, it will all be green. As a matter of fact, our design, if you include our design of the parking lot, has seven and a half more -- seven and a half time's more green space than what is currently there, and if youflip back in your page, you'll see where it shows all the asphalt and all the asphalt that's coming up. And so to put that in raw numbers, currently there's 14,900 square feet of green space out there, and when we're done, if our design is ultimately accepted, there will be 111,000 square feet of green space within this area, and that includes areas like Banyan Tree Park, which is a third of an acre. So we're not talking about dispersed pieces of green area in a parking lot. We're talking about a third of an acre that's going to be set aside for public use as a public park, preserving the Banyan trees that are there. And then, obviously, something that's important to this entire community, which is a casual restaurant and having a casual restaurant location, and the God's honest truth is you can't fake Scotty's Landing. People enjoy that location, enjoy the casual atmosphere, and we completely understand that, and that is something that we want to have in this space, and the City has insisted be included in this space. So what did we do to ensure ourselves that we have a casual restaurant? What we have done is we have put the bones in place to have a really interesting casual location, and that's that Hangar 42, Pub and Grub. And let me walk you through about what we've done to ensure ourselves that this is going to be a casual restaurant, andl think you best see it in this angle here. It is all open. There is only about 3,000 square feet that's in air condition. The rest of this area is just a big open terrace. And what we did was we located this restaurant where all the green space is around Banyan Tree Park, around this green space, around this green space over there so that it gives an open air feel, and there will be an entertainment venue there as well. And in addition to that, we put it right where the transient docks are so the people that are going to be coming off the boats, this is where they're going to be going with their flip-flops and their boat shoes and maybe without shoes, all going there and enjoying that restaurant. So what we've done is the best that we can do, which is put together a plan, a location that has all of the bones, all of the necessary ingredients to make it a new and unique location for casual dining in the City of Miami. With regards to the formal dining, we joined forces with one of the preeminent names in the City ofMiami, the Shula family, and we believe that that branded concept, bringing that branded concept to the waterfront will drive traffic, is a uniquely Miami flavor and feel, and we strongly believe it is the right concept for the waterfront. And let's talk a little bit more about this architecture, andl think it's really important, and architecture is in the eye of the beholder. Some people might love it, some people might hate it, but the reality is where the architect -- the genius of the design by the Arquitectonica team was to put something in here that wasn't a fake Margaritaville, that wasn't something that didn't fit the location. They put together a design that is iconic for this location, that is all glass, it's a flat design that isn't very tall and is -- and you can see through it, such that it preserves the integrity and -- of the hangar and the views to the hangar, and it really is that metal -- sort of that metal clean type of architecture that goes City ofMiami Page 99 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 extremely well with what is on the site, which are these historic metal hangars. And so it is really a design that is intended to capture the historic hangars in that metal look and the design that calls for those organic shapes that are made more like platforms and are all entirely aligned in order to take advantage of the breeze and advantage of the incredible location that -- in which we -- in which this location is located. And so, ultimately, if you look at how -- What did we do in order to accomplish those five goals of the Sasaki plan? The first goal was to green that waterfront. As I said we have a seven and a half time's increase in terms of open space. To strengthen the Center Grove, we believe this, as a catalyst to the full implementation of the Sasaki plan, will be an enormous boon for the Center Grove and for the other areas around Coconut Grove. Enhance connections. I think undoubtedly -- especially if you look at that second page, how we're completely integrated with the Sasaki plan and how we open the pedestrian traffic and movement by moving the boat movement through Grove Harbor. Capitalize on views. I think that there is no doubt by putting glass all in this area and allowing for just a transparent view and outdoor seating through these areas, we absolutely capitalize on those views. And lengthen the bay walk. Again, no doubt about how this plan not only lengthens the bay walk, but uniquely allows for pedestrian traffic and movement. And we have gone out into this community already. We did not take the Selection Committee as the final say in terms of before coming here. We've reached out. Before we got here, we reached out to the Waterfront Advisory Board, the Coconut Grove Waterfront Master Plan Implementation Committee, the Coconut Grove Village Council; we've reached out to the Marine Council, the Coconut Grove Chamber of Commerce, the Coconut Grove Business Improvement District, and the Village of Center Grove. We've reached out -- all of them already, proactively. We've made four presentations already on this project, and we're here to tell you that the three that took votes on this matter, all three of them -- the Waterfront Advisory Board on July 9, the Coconut Grove Waterfront Master Plan Implementation Committee, and the Coconut Grove Village Council, all three of them voted in favor of this project moving forward. Certainly, some of them had comments, some of them had ideas for us to implement, but all three of them voted in favor of moving this project forward, and we're very, very proud of that. Andl think -- just in conclusion, I think you'll hear from your staff about the financial benefits of this plan, but I think one important aspect to highlight is that this isn't a developer with a dream and a desire to flip the project. This isn't a developer that doesn't have the money to do this. Forty percent of this construction budget, $17.9 million of private investment dollars going into this waterfront has already been put in escrow. Seven million out of the 17.9 has been put in escrow, ready to go. This team is ready to move forward, has the money to do it, and not only has the money to do it but has already placed it in the bank to get it done. And at the end of the day, we truly believe and this Coconut Grove team truly believes that this is the right plan to help transform this waterfront and to help the City ofMiami and to move forward the incredible and ambitious plans that this City Commission and the Administration are already well in the way of moving forward. Thank you, and like I said, we stand ready for -- to answer your questions. Chair Sarnoff Thank you. Mr. Torre, you want to give us the financials or --? Mr. Torre: Sure, Commissioner, just a brief breakdown of it. Danny explained a little bit of it. Right now, currently, we are receiving $753, 000 approximately in rent. We receive City ofMiami share of real estate taxes in the amount of $51, 727, for a total of $804, 727. With this -- with the new proposed projects going forward, we will receive, once the garage is completed, a minimum guaranteed rent of 1.6 million in base rent. Garage rent for the retail bottom floor is projected to be $400, 000. That'll change. It'll go up if the footprint of the garage is actually built larger. Our projections for real estate taxes, share for the City ofMiami, are $104, 833 and the parking surcharge information that was provided to me by the Miami Parking Authority is approximately $125, 000. That is, Commissioners, a positive variance of $1, 425, 000 right now. And again, this is just minimum. If they exceed their percentage rent thresholds, that amount does go up, so we are very excited about this deal. And, you know, in addition, I would like to mention that part of this deal is the proposers were required to contribute $10, 000 for each one of the required parking spaces towards the construction of the MPA garage. So right now we are estimating City ofMiami Page 100 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 that, at a minimum, approximately, they will be donating -- they will be giving $4,970, 000 towards the construction of that MPA garage with no ownership interest, nothing. So we strongly recommend that we go forward on this deal. Chair Sarnoff Thank you. Let me ask Commissioner Carollo to get his questions out and then I'll recognize Spence -Jones. Commissioner Carollo: Thank you, Mr. Chairman. First of all, very good presentation. Mr. Perez: Thank you very much. Commissioner Carollo: I guess after three or four times that you've presented, you've really got it down pat, huh? Mr. Perez: We've taken the show on the road, that's for sure, and we will continue to do so. We will continue to do so. Commissioner Carollo: Very nice presentation, by the way. Mr. Perez: Thank you. Commissioner Carollo: Listen, again, my preference, andl said that from the beginning, was to defer this. However -- and, you know, being -- trying to be fair to everybody, I want to speak about some of the things that I'm seeing that, you know, I'm not comfortable with. You know, some are more minor than others. For instance, I mean, I'm not crazy about having a parking garage in the front, but at the same time, listen, I know that, you know, you have to weigh the pros and cons to balance, and it clearly appears like the members from the Grove, or at least a large majority of the members from the Grove are not here protesting and they're not against it or from what you've said, they're in favor of it, so hey, we -- you know, we'll move on. I know it's a balancing act. Mr. Perez: With your permission -- Commissioner Carollo: Sure. Mr. Perez: -- may I make one brief comment on the deferral? Commissioner Carollo: Sure. Mr. Perez: And certainly, it's up to this board to make that decision. We need to go out and have an advocacy campaign and educate the public in terms of the benefits of this program. We would prefer to have as much time as possible to be able to meet with as many people as possible, and if we're deferred to September 16, that time period is very, very small in terms of our ability to get out into the public. And certainly, we want to answer all your questions, but it's certainly our abiding preference to have as much time as possible to reach out to as many people as possible. Commissioner Carollo: That's understood, and that's why I -- you know, I didn't want to blindside anyone, andl actually asked the Chairman to bring you up now so we could address some of this -- Mr. Perez: And we really appreciate it. Commissioner Carollo: And just like you want adequate amount of time, I also want adequate amount of time. City of Miami Page 101 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Perez: Of course, of course. Commissioner Carollo: I had five business days, and we're talking a 50-year lease, and the last thing you want is for a Commissioner to vote against it where otherwise may have voted in favor of it. Mr. Perez: That's -- Commissioner Carollo: And then you have residents of that district saying, "Commissioner, what do you think? Why did you vote against it?" Mr. Perez: We want to get to everyone. Commissioner Carollo: You understand? Mr. Perez: Absolutely, absolutely. Commissioner Carollo: And then have that connotation that, hey, Commissioner Carollo is not for this. Mr. Perez: Andl didn't mean that to challenge you, but just to give you a different perspective in terms of -- Commissioner Carollo: Understood. Mr. Perez: -- our desire to reach out to the public. Commissioner Carollo: And that's a part of fairness, you know. Mr. Perez: Absolutely. Commissioner Carollo: It goes both ways. I understand you need the time to go out there and campaign; same time, it's a 50-year lease -- Mr. Perez: Of course. Commissioner Carollo: -- with two I5year options, 80 years, andl also -- Mr. Perez: No, no, no. Commissioner Carollo: -- you know, need the time. Mr. Perez: And we want to address every one of your questions. Commissioner Carollo: The other commentl want to make is regards to only one organization -- company bidding. I know there was two. One withdrew. I mean, obviously, I would have preferred that more companies would have bid. I would have preferred that, you know, national and international companies would have been involved. However, I know that before this RFP, there was another RFP where numerous companies bid and, you know -- and by the way, when you bid for a project like this, it costs money. So after the last go around and, you know, doing away with everything -- and I'm sure a lot of companies lost money, you know -- I could see where some might be discouraged also, which I think was a good thing, was as far as putting money in escrow. You know, you putting $7 million down, I mean, that's, more or less, 40 percent of what the project or estimated project is going to cost. I think that's a good thing because, in all fairness, it shows, hey, we're ready to move forward. Unfortunately, that was not City of Miami Page 102 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 the case with Watson Island and that's -- you know what? Let me leave Watson Island on the side. Don't get me started with Watson Island. I can also tell you, I'm not crazy -- I don't like a 50-year lease. I would much rather see a 25 year lease or so. A 50-year lease is -- that's a long time. Now, with that said, let's get into some of the things that, really, I'm looking for andl want to see if it could be provided or not, and let me be just blunt and point blank. I have not seen anything written regarding the plans to build the garage, other than MPA will do it. From what I've heard, the estimates to build a garage will be about $10 million. All the construction that you are actually going to take place is about $12 million. So it seems to me like this garage is pretty important. I have not seen any details of how they plan to construct it, the time, the schedule, the RFP. It appears that the MPA will have to fund half of the cost. I have not seen any plans on how they're going to do this. You know, we're also talking an additional $200, 000 per year if they are actually able to complete this garage. So again, we're talking real money. It's important. I also see that in Section 4.10, it stipulates that if MPA has not obtained building permits for and commenced construction of the parking facilities by January 1, 2015, the lessor, meaning the City -- I'm sorry -- yes, the lessor, meaning the City, shall return the parking trust fund contribution to the lessee. In other words, the money that you're putting up for the garage, the City is going to have to return back to you. Then what? Is the City on the hook for paying for this building? And I'm not sure. I'm putting it out there to -- Mr. Perez: Would you -- Commissioner Carollo: Sure. Mr. Perez: Let me start -- Commissioner Carollo: Which, by the way, sort of contradicts Section 3.3, which stipulates that we're all working together, blah, blah, blah, and you know, if it's not really done on time, listen, we're working together, but there's actually consequences, and have seen nothing written, no plans, nothing whatsoever as far as how they're going to build it, what RFP process. Can they afford it? How are they going to --? You understand? Mr. Perez: Yeah. No, but -- absolutely. Look-- and I'll be frank, it's a concern of ours, right, in terms of this parking garage is an integral part of not only of this plan but of the Sasaki master plan and the full implementation of that plan, but we got comfortable with it. Commissioner Carollo: By the way, you saying that doesn't give me a warm -- Mr. Perez: No. Commissioner Carollo: -- and fuzzy feeling. Mr. Perez: No, no, no. But what -- the point is we got comfortable. And I'll tell you, we're investing $17.9 million or -- not me, but Jay and Eddie are investing $17.9 million into this piece of property, all private dollars. They're investing $5 million into the parking garage. Unlike other deals that the City has seen in which the private developer puts up none of the money and gets all of the revenue, here the private developer is putting up half of the money and getting none of the revenue back with regards to this parking garage. It's quite opposite of some of the other deals that we have seen in this town. But I'll tell you why we got comfortable, and we got comfortable is because we're putting up half the money, and there is no doubt that once you put up half the money for this parking garage that -- and you're driving all the traffic into this parking garage that it's going to be a no-brainer for the MPA to build this parking garage, and that's how we're comfortable taking that risk in knowing that the MPA has come through in the past and that this is, financially, a significant winner ultimately for the MPA. So we're willing -- And by the way, the contract indicates that -- it's not contingent, like we don't -- there's no default here if that parking garage doesn't get built. We're taking all of the risk in terms of that City of Miami Page 103 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 parking garage getting built, in terms of our design. All it says is the City and the MPA -- the City will use the best efforts to push the MPA to build it, but there is no default condition that says, you know, we're out of the lease if the parking garage isn't built. Commissioner Carollo: Right. Mr. Perez: There are some penalties to it. Commissioner Carollo: Understood. Mr. Perez: But -- Commissioner Carollo: So you're just mentioning Section 3.3, which is what I discussed. However, you have Section 4.10 that stipulates -- and I'm quoting now -- "If the MPA has not obtained building permits for the commencement construction of the parking facilities by January 1, 2015, the lessor, meaning the City, shall return the parking trust fund contribution to the lessee." So the one -point -something million, the City is going return back to you, and then what? Mr. Perez: Right. But -- Commissioner Carollo: You still need a parking garage. Mr. Perez: -- let me -- Commissioner Carollo: So you have certain securities there that the City not necessarily have and may not be -- Mr. Perez: Sure. Commissioner Carollo: -- good for the City -- Mr. Perez: Let me address -- Commissioner Carollo: -- so I'm inquiring. Mr. Perez: Yeah. Let me address the "why" for that, and it's a balance, right. We're putting up -- I believe it's $1.3 million the day we -- the day this lease is signed, we're putting $1.3 million in escrow for that parking garage. At some point, it has to come back to us, right, if it's not built, 'cause that money is set aside for the parking garage. Certainly, I mean, we picked that date because we thought that that was a reasonable date. Certainly, we're amenable if you want to push that -- I'm spending their money, but I'm pretty sure that if you want to push that date back, that we would be glad to push that date back. It's just there needs to be some end point. If the MPA, which we don't think will happen, makes a decision not to build the parking garage, we need some reasonable end point, and certainly, we're open to discussion as to what that reasonable end point would be. Commissioner Carollo: Don't get me wrong, I understand why -- Mr. Perez: Yeah. Commissioner Carollo: -- you all, as a company, have done it. Mr. Perez: Right. City of Miami Page 104 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: But also have fiduciary duties to the City -- Mr. Perez: Sure. Commissioner Carollo: -- to point out, hey, can the MPA actually do it? I have not -- I have seen nothing whatsoever that tells me that they can or that they cannot. I have not seen a financial plan, because it's still going to take an additional $5 million from them or the City. I haven't seen anything. And as we all have agreed, this parking garage is pretty important. It's pretty much almost as much as all the construction you're going to be building for Shula's, for Ocean, for Hangar 42, and all the other -- Mr. Perez: Let me point out two more reasons why we're comfortable with it, which is if that property is not an elevated parking garage, it'll be surface parking like it is today, and so that surface parking will be there, and as well, the other equity holder in this is Grove Harbor, which is next door. Some of that parking space -- they have some excess parking spaces there as well; and so we feel comfortable that with regards to our project, even if it's not built, that it will still function and it'll function well. We would like to see it built. We want to see it built. We think -- we're betting that it's going to get built, and we feel comfortable that the MPA will ultimately do it 'cause there's a very strong financial case that we've analyzed ourselves for that parking garage. Commissioner Carollo: Let me ask you something, because a lot of times, when I've asked a question, I don't want you to tell me; I want you to show me. Mr. Perez: Sure. Commissioner Carollo: So let me ask you something: With that comfort -ability that you have with MPA, have you seen any finances of how they're going to obtain the money? Have you seen an RFP pro -- have you seen anything? Have they showed you? Mr. Perez: No. Commissioner Carollo: And that's what I'm concerned about. Mr. Perez: Understood. Commissioner Carollo: That's what I'm concerned about. And again, I understand your position. Mr. Perez: Yeah. Commissioner Carollo: But I need to also, you know, take a position for the City, you know, a fiduciary capacity, and this is not just, hey, we could do surface parking lot. This would be an additional $200, 000 per year that the City will be losing as a minimum guarantee, so there's, you know, various consequences that needs to be addressed. Mr. Perez: Right. Commissioner Carollo: Andl am not going to just rubber stamp anything, andl am not going to turn a bad -- you know, a blind eye to anything. So that's definitely one that needs to be addressed. I'm sure all those things are on the record. Chairman Sarnoff, do you have an issue with it? Chair Sarnoff Yeah. I don't understand the 200,000 loss. I'm a little lost on that. City of Miami Page 105 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Perez: Commissioner -- Commissioner Carollo: Well, if you -- well, I'll yield so our Public Facility [sic] managers can explain it to you. But, yeah, it'll be a $200, 000 loss per year. Mr. Perez: Okay. Commissioner Carollo: A minimum guarantee or potential minimum guarantee. Mr. Torre: When they were awarded by the Selection Committee, their proposal -- Chair Sarnoff Oh, I think know what he's saying. He's saying if we don't build the garage. Mr. Torre: Well, it's all -- Commissioner Carollo: If we don't build it on time. Mr. Perez: Right. Chair Sarnoff Right. I got that, okay. Mr. Perez: Okay. Commissioner Carollo: And right now, I have not been presented anything that shows me that they could build it on time or that they have the financing or how the financing is going to happen. Vice Chair Gort: You got (UNINTELLIGIBLE) here. (UNINTELLIGIBLE). Mr. Torre: Commissioner, I can talk a -- Mr. Perez: And just to be clear, I think, of the 200, 000. Commissioner Carollo: Oh. Mr. Perez: Mr. Torre, when we began our negotiations, rightfully so, said `I want more." And we said, "okay." We had bid 1.4 million without -- before the garage is built, minimum guarantee, plus an additional 400,000 once the garage comes in. He says, `I want more." He said `I want" -- you know, `I want to get the City to 2 million. " And we said, "Okay, we'll get the City to $2 million a year in minimum annual guarantee, but there are certain conditions for that additional 200, 000. This is additional, above and beyond our bid. And one of those conditions -- they're all related to the parking, but they basically incorporate all of the RFP standards, and then we set some very generous deadlines for the parking garage, but it's the additional $200, 000 above and beyond what the -- Mr. Torre: Essentially -- Commissioner Carollo: And by the way, Mr. Chairman, it's Section 4.1.1. Chair Sarnoff No, I heard you say something a little different. I thought you said there'll be a -- if the garage doesn't get built, there'll be a loss of revenue. Commissioner Carollo: Well, if you consider that we could potentially have an additional 200,000 minimum -- or guarantee per year if the parking garages are built, yes -- are built on time, yes. Chair Sarnoff Yeah. I just took it that they're doing like the private sector does; incentivizing people to -- City of Miami Page 106 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: They are. Chair Sarnoff -- fulfill a contract that -- Commissioner Carollo: They are. Chair Sarnoff Right. Commissioner Carollo: They are. Chair Sarnoff So I -- Commissioner Carollo: So if we can't get it done -- Vice Chair Gort: If they build it or not. Commissioner Carollo: -- we're going to be losing $200, 000 a year or more. Chair Sarnoff Hey, then it's our own fault for not getting it done. Commissioner Carollo: Right. So I'm asking, how are we -- how do we know that we are going to get it done? Chair Sarnoff We have MPA right there. Art Noriega, would you come up? Art Noriega: Art Noriega, Miami Parking Authority. We were involved in every aspect of the crafting of the RFP, so the request of the developer -- successful developer to contribute the $10, 000 per space was at our suggestion as a result of our analysis of the project without really knowing the scope of the project in the end, because ultimately, the developer had a lot of flexibility in terms of size, what type of uses they had, so we didn't have really the ability to sort of size the project, you know. We didn't know, going in, there would be a 500-space garage or a 700-space garage or an 800-space garage because there are a lot of various uses. There's an existing demand there now. There'll be future demand depending on the development. There's outside commitments as it relates to the Monty's property, all of which will be factored. There's the future use of the Expo side of the park. We're going to do all of that. We've been waiting to specifically size the garage based on the selection of the developer. Once that happens -- right? -- the size of the garage and the final budget will be put together. But I'll tell you this: Based on our average of what we calculate when we do our budgetary process and when we analyze our revenues, and using a very broad range in terms of revenue per space, the contribution request of $10, 000 is more than enough to make this project successful in terms of the garage, and as MPA, it's my job -- I've been doing this for a while now -- our commitment to this is solid. We didn't do it based on a process of just being sort of on the outside looking in. That's our job. We're parking experts. So I feel that our commitment is as solid as it's going to be. We're a City agency. We're making a commitment to the City that it's going to get built, and we requested the contribution specifically for that. So I'm happy to present pro formas to you at a point where we've done the analysis so you can feel comfortable with it. Ultimately, any financing we obtain has to get approved by the City Commission to begin with. But our intent was, the second this was approved, to begin the process of finalizing the plan so that if it is approved by the voters in November, we're going to hit the ground running. That was always the intent. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. City of Miami Page 107 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: That sounds great, but it doesn't give me any comfort 'cause I'm really not seeing how you're going to go about doing this. I mean, yeah, ultimately, any financing plan needs to come to the City Commission, but we haven't seen anything. We don't even know how -- what -- how you're thinking of financing this. I mean, we don't know how you're thinking of your construction timetable, RFP. I mean, I -- Mr. Noriega: No. The timetable that's included as part of the agreement was a timetable that I absolutely signed off on, and it's more than enough and gives us more than enough time based on -- I've built garages. I mean, we've built them, so I'm comfortable with the timeline, specifically because of the size of the garage. We have more than enough time to meet the commitment, and the City will not be burdened with a $200, 000 loss 'cause we will achieve that milestone. That is without a doubt. I'm putting it on the record. I'm looking at you straight to your face. If you want me to provide a pro forma, I can, Frank, but the difference is that ifI provide a pro forma, it's not going to be to the nail. Hey, look, I understand what you're looking for in terms of your expectation. I understand you have a background and a skillset that is unique to this Commission, and quite frankly, I appreciate that. I'm happy to sit with you and walk you through all the numbers. I will make you more than comfortable with them. The problem is I can't get specific to an accountant's version of what you want because I don't know exactly the size of the garage. Could be -- it could be a variation of 2 to 300 spaces, but you're getting the commitment that we're going to do it, and quite frankly, we have a pretty proven track record in terms of when we say we're going to deliver stuff we deliver it, so I -- I'm making the commitment on the record. We're in a public meeting. We'll achieve it. I just can't give you the kind of detail you need right now 'cause we're not there yet. There's steps that have to be met beforehand. That's all. Commissioner Carollo: Andl understand that, Mr. Noriega, andl appreciate, you know, the comments on the record, but at the same time, I'm not asking for exact details, but we kind of know. I mean, I don't know when this was done, but it shows here that it required parking calculations. It stipulates how we came to the requirement of the parking spaces. We calculated about, what, $20, 000 per space? So we got gross numbers, you know. Mr. Noriega: No, we do. Commissioner Carollo: There's gross numbers. I'm not asking for specifics. Mr. Noriega: We have -- Commissioner Carollo: I'm not saying you need exact details. Mr. Noriega: Oh, but I know you better than that, so we've been working together long enough. So you say you don't want specifics, but I know what your expectation is, and I'm telling you that I can give you information, but it's going to have some variation to it. I under -- Look, you are very specific. Every year we go through this process as a result of the budget, you are -- you're one of the most detail -oriented people I've ever had to work with at the Commission level. I appreciate that, andl know I'm not going to short-change you in terms of your expectation. So I'll get you information. I'm happy to do it. But you have to appreciate the fact that in this process, we're a step or two away from really delivering concrete numbers, but I'm comfortable, with my 16, 17 years in the parking business and having done this job for almost 14 years, that we can get this done. I'm making that commitment on the record. I don't see any issue with it, and absent that, I'll give you some information. I'm just not going to be able to give you a tight, defined pro forma because we don't have the specific size of the garage yet. That's all. Commissioner Carollo: I'm not asking for an exact 497. It could be 490. It could be 480, 475. It could be 510. I'm not asking for a specific, butt need something. Do we even have a design for the garage? City of Miami Page 108 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Noriega: No, of course not. Commissioner Carollo: We don't even have a design. Mr. Noriega: No. Commissioner Carollo: We don't even know what it's going to look like. Mr. Noriega: No. We have a conceptual design that they came up with, but in no way, shape or form is -- are we going to adhere exactly to that. There's going to be some variation to it. We're going to design it in a way that -- obviously work closely with the developer, if they're selected, but ultimately, we're going to do what's in the best interest of the City, not the developer. Ultimately, that's going to be the priority for us as a City agency. Commissioner Carollo: And that's why their conceptual design or drawing -- yeah, okay, I get a feel for it, but that's why I'm asking, do we even have a design for it? 'Cause remember how -- I started saying, "Listen, I'm not crazy about putting a parking garage there" -- Mr. Noriega: We got some background music. Vice Chair Gort: Would you stop the music? Commissioner Carollo: Okay, maybe someone else doesn't either. Chair Sarnoff All right, let's move on. Let's go. Let's move on. Commissioner Carollo: Sure, as soon as the music stops. Mr. Noriega: Commissioner, I -- Chair Sarnoff Who's got the cell phone out there? Commissioner Suarez: Whoa, another one. Guilty party. Chair Sarnoff The person with the cell phone, could you get up and just walk out, please? Ma'am, thank you. Everyone else, would you put your cell phone on "vibrate," please. Mr. Torre: Commissioner, ifI could add one last thing about this parking garage and why it makes so much sense why we would build it. If we don't build this parking garage, it's more than the $200, 000. We are getting revenue on the bottom floor retail for -- Commissioner Carollo: I understand but -- Mr. Torre: Commissioner, just let me say one last point. Commissioner Carollo: But that's what need. Mr. Torre: We -- Commissioner Carollo: I need that assurance that it is going to be built, because, yes, we're talking real monies. Yes, I understand. Mr. Torre: Right. Commissioner, I will tell you this that just rough calculations, if we would not build this garage, we would lose in revenue, just in rent -- I'm not talking about parking City of Miami Page 109 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 surcharge -- over $30 million over the first 50 years of this lease, so I can assure you this is going to be built. Commissioner Carollo: Well, you're talking big numbers, over 50 years and stuff like that, but the bottom line is, listen, I understand. Mr. Torre: Right. Commissioner Carollo: I've done some pretty good calculations. Mr. Torre: Right. Commissioner Carollo: I understand the importance of this parking garage. But -- Mr. Torre: Just in summation, there will be two and a half years from this January -- not from now -- two and a half years for the garage to be built before there is a penalty. And as Art said, you know, we've gone through this. We've gone through, you know, verbally, a schedule and this will get done. Chair Sarnoff All right, let's move on from the parking garage. Commissioner Carollo: And like I said, some of these are more minor than others. The resolution, the way it reads in our agenda, is inaccurate with regards to the minimum guarantee. There is -- it's stating a minimum guarantee of 1.8. Realistically, the minimum guarantee the first year, two years is 1.4. It could go up to 1.9. It could go up to 2 million, so I want to make sure that's changed before we actually take a vote. Moving along. Question: With regards to Exhibit "G," gross revenue report to be inserted prior to execution -- Mr. Torre: Uh-huh. Commissioner Carollo: -- could you explain that a little bit more? What do you mean, "to be inserted prior to execution"? Where is it? I don't see Exhibit G. Mr. Torre: I can get you that form for this afternoon. Commissioner Carollo: Well, I think -- Mr. Torre: Yeah, we weren't -- we didn't turn in the exhibits. We were going to do that at a later date. Mr. Perez: But believe, Commissioner, it's just an exhibit of what we will present as the gross revenue report -- Commissioner Carollo: Well, I want -- Mr. Perez: -- which I -- Commissioner Carollo: -- to make sure exactly -- Mr. Perez: Of course. Commissioner Carollo: -- what we're talking about, gross revenue. Mr. Perez: Of course. City of Miami Page 110 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: And with that in line, I want to ask our Finance direct -- I'll yield to you, Commissioner Gort, if you'd like. Vice Chair Gort: Well, in gross revenue, I made some suggestions, because there was some calculation in the gross -- Commissioner Carollo: Right. Vice Chair Gort: -- revenue, which I didn't care for it. Mr. Torre: Right. Commissioner Carollo: Exactly. Mr. Torre: We did make that change, Commissioner. What Commissioner was talking to is -- specifically was an exclusion of gross revenue when it dealt with the -- Mr. Perez: Third party caterer. Vice Chair Gort: Outside catering service. Mr. Perez: Third -party caterer. Mr. Torre: Yeah, third -party catering. Vice Chair Gort: Third party. Mr. Torre: So what -- we added language to include that excluding -- Chair Sarnoff That the City captures the revenue of the third -party catering service. Mr. Torre: No. Vice Chair Gort: Yes. Mr. Torre: That the third -party caterer cannot be affiliated to the lessee or any of the directors. The Commissioner's concern was that the corporation may decide that, open up a subsidiary of Grove Bay Investments to enjoy in -- I'll let you explain that further, if you'd like. Mr. Perez: No problem. There -- with respect to third -party caterers, what the gross revenue definition provides is that the City will receive the revenue that we receive from the third -party caterer. The question came up of well, you know, we don't want you to create a subsidiary and then flow the money through there, and we were in complete agreement with you, and so what we've done is we negotiated a definition of "third -party caterer" that there's no equity interest in any of the principals or the lessor and that it is not any familial relationship, not any direct -- not a brother. Henry wanted to add "cousin." I find it a little bit -- it's Miami, a lot of cousins -- but we agreed to "cousins" as well -- Vice Chair Gort: We're all cousins. Mr. Perez: -- so we've covered all sorts of familial relations. Vice Chair Gort: Let me ask you a question. Why do you need a third party? Mr. Perez: Well, it -- City of Miami Page 111 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: Why can't you provide the food yourself? Mr. Perez: For the most part, we will. The Harbor Terrace space, that second floor, that's an event space, so if you want to have a bridal shower there, there could be a possibility of permitting third party caterers to come in to provide -- it's really with regards to that event space, you know, fundraisers, those sorts of things. If in fact, we offer it and that might make financial sense, you'll get, you know, certainly -- Vice Chair Gort: I think it might be a mistake, because you have a high-class place that you're putting together, and the third -party catering that comes in might not provide the same services, and it's your reputation. Mr. Perez: It may well, but again, this is a very long term lease, so we wanted to think about every eventuality. There may be certain circumstances in which -- Look, I think you're probably right; that's how it would be handled -- Chair Sarnoff Right. Mr. Perez: (UNINTELLIGIBLE). Chair Sarnoff So we're going to get Exhibit G to Commissioner Carollo for the afternoon break. Mr. Torre: Right. Chair Sarnoff Lunchtime, we're going to get Exhibit G to Commissioner Carollo. Mr. Torre: Right. Chair Sarnoff Next. Commissioner Carollo: And with that said, you know, I want to ask our CFO (Chief Financial Officer) and our Finance director and, you know, verin, that they've taken a thorough look at the definition of "gross revenue" and they're okay with it. Danny? Mr. Alfonso: Yes, Commissioner, we met with Henry. He explained the details. We went over the contract, defined definition of the "cousins" being (UNINTELLIGIBLE). Commissioner Carollo: Well, besides "the cousins, " you know. Mr. Alfonso: I understand, Commissioner. I'm not making light of it. Commissioner Carollo: Cousins aside, I really mean the -- because, listen, there's a lot of percentage rent in there. It seems like every single part of it has percentage rent, and the truth of the matter is of gross revenue, which is great. However, if "gross revenues" is a different definition of what think "gross revenue" is or what the average person thinks "gross revenue" is, you know what? We may be -- Mr. Alfonso: No, we understand "gross revenue" to be all revenues prior to any deductions for any expense or any other taxes or anything. It's gross revenue, every dollar that comes in in the top. Commissioner Carollo: And so you have looked at it? You're okay with it? Mr. Alfonso: Yes, Commissioner, we have looked at it, and I'm okay with it. It is a -- City of Miami Page 112 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: And -- Mr. Alfonso: -- two page definition. Commissioner Carollo: Well, that's why I'm asking if you have, because I have looked at it, but at the same time, I had five days. You all had I don't know how long -- since January or so. So that's why I'm asking. I want to make sure that on the record, you do say that, you know, there has been other pairs of eyes looking at it. I've tried to get other pairs of eyes to look at it, but the bottom line is five business days with all the other items in the agenda that we have, it makes it somewhat, you know -- not easy. So as opposed to saying, "Yeah, I want this deferred and I'm voting 'no' unless we defer it so I do have the extra time to" -- you know, that's why I'm asking these questions. And as a matter of fact, I'll go a step further. You know, I believe in teamwork, you know, getting various members of the teams involved. Has our internal auditor had a chance to look at this, you know, and not just the gross revenue; the different sections, you know, the lessee's records, the audit section? Mr. Torre: Commissioner, I will tell you this is our standard lease, our standard lease form which has evolved over the last year or so. Commissioner Carollo: Mr. Torre, with all due respect -- Mr. Torre: Yes. Commissioner Carollo: Our standards over the last few years has not been very good, so I wouldn't start by saying that -- Mr. Torre: Well, I respectfully -- Commissioner Carollo: -- okay. Mr. Torre: -- disagree with you, but -- Commissioner Carollo: Andl came here to raise the bar. Mr. Torre: Right. Commissioner Carollo: I didn't come here to do the standards and -- Mr. Torre: As didl, Commissioner, as didl. Commissioner Carollo: And let me not -- you know what? It's better ifI just don't keep saying anything about the standards of the City ofMiami. Chair Sarnoff Okay, so we're going to get the gross revenue. Danny, you'll meet with the Commissioner during lunch and you'll satisfy that you had a discussion with him on gross revenues. You're going to get Exhibit G to him. What else? Commissioner Carollo: Section 4.1.2, I'm not crazy about the cap. It seems like every five years, we're going to address the CPI (Consumer Price Index) escalation. Why are we capping it at 5 percent? I mean, in essence, the most we could go up every five years is $100, 000, more or less. Mr. Torre: Right. Commissioner Carollo: Why is there a cap? City ofMiami Page 113 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Torre: Commissioner, we -- it's prudent to put -- Commissioner Carollo: It shouldn't be a cap because, I mean, in all fairness, we could be leaving money on the table and quite a bit if things go -- Mr. Torre: It's highly unlikely for a CPI indexing -- Commissioner Carollo: Understood. Mr. Torre: -- to be more than 5 percent. Commissioner Carollo: But still -- Mr. Torre: But I -- you know what? I will speak to them further about that during the break. Mr. Perez: I will only say something about -- that was part -- that was in the bid package, was part of what we bid on, but certainly, we'll go back and look at it, but, you know, it was certainly part of how we calculated our pro formas -- Commissioner Carollo: I mean -- Mr. Perez: -- over (UNINTELLIGIBLE). Commissioner Carollo: -- you have -- it's every five years, so it's not like, you know, you have certain, I guess, safeguards there. Mr. Perez: We'll certainly discuss it. Commissioner Carollo: But I mean, in fall fairness, why have a cap? We shouldn't. Mr. Torre: Okay. Commissioner Carollo: Question. Mr. Perez: Yes, sir. Commissioner Carollo: Andl want to be optimistic, and I'm trying to be optimistic about this, but what happens if one of the restaurants go out of business? Is there a process on, you know, replacing that restaurant, what type of restaurant? Is there a way you could elaborate? And I'm not trying to put you on the spot. Mr. Perez: No, no. Commissioner Carollo: I'm really -- you know, these are questions that, you know, I think about Mr. Perez: Sure. Commissioner Carollo: -- andl want to know the answers to. Mr. Perez: Sure. At the outset, (UNINTELLIGIBLE) -- the City will be leasing the land to this team ultimately. Commissioner Carollo: Right. City of Miami Page 114 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Perez: And those concepts over this long period of time are definitely going to evolve as tastes evolve, as things happen. And so over the, you know, 50-, 80-year course of this lease, you're going to see a number of different concepts. What you're betting on is a team that has the management and expertise in terms of building and maintaining the types of quality restaurants people want to see, and so you have a management team that will be in place and that will pick the right concepts and work with the right concepts to move them forward, so if a particular concept doesn't work, you know, certainly, there'll be adjustments straight through to make it work, and obviously, we have an enormous amount of incentive to make it work because that's where we ultimately -- the team will ultimately make its money. Mr. Torre: Commissioner, that's -- andl understand what your thinking was on that, and that's why we really did push for that minimum guarantee to be higher, as well. What we have addressed more specifically is called -- it's kind of like a "go dark" provision. If they go dark or if they close on one of their uses, they have a limited amount of time to replace that use and, you know, they agreed to that, as well. Commissioner Carollo: That's under the default clause or section? Mr. Torre: Well, it is an item that can be defaulted if they do not comply. Commissioner Carollo: Okay. And we'll address it, you know, after lunch a little bit more. Mr. Torre: Okay. Commissioner Carollo: Another one that I'm definitely not an expert in andl don't have much knowledge, but the submerged lands. It seems like with the submerged lands, they will be paying some fee amount to the City. Is that a set amount, or how does that work? Mr. Torre: Well, it's -- Commissioner Carollo: It's under 4.4 in the section -- Section 4.4 in the lease. Mr. Perez: It's the -- ultimately, the submerged lands are the sovereign's land, are the state's land. Commissioner Carollo: Understood. Mr. Perez: And it's really just a pass -through to the City that we will be paying -- there's a statutory fee that's set up in the Florida Administrative Code, and that provision, what it says is that we will pay the money to the City and the City will pay the money to the state with regards to the statutory fees. Commissioner Carollo: With re -- Mr. Perez: A simple pass -through. Commissioner Carollo: Thank you. So with regards to the City being able to obtain any additional monies, is there any state statute? By state statute, we cannot -- do we have to act as a flow -through? Veronica A Xiques (Assistant City Attorney): Commissioner, good afternoon. The way the City normally does it is because since we are responsible for making sure that payment is made, we want to act as a pass -through so that we can be certain that it is made. If not, the City stands to lose its rights to those submerged lands, which is something that is not in the City's best interest. City of Miami Page 115 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: Right, but that's not my question. My question is, Can we actually charge for that usage of submerged land as opposed to just acting as allow -through? In other words, they're going to pay the state whatever amount it is. I don't know how it's calculated, but they're going to pay the state, let's say $100. They give it to the City ofMiami. We send it to the state, but we -- there is no -- Mr. Torre: There's no markup is what you're saying, Commissioner? Commissioner Carollo: Yeah. Is there a markup, administrative fee? Mr. Torre: No. Actually, no, Commissioner, there is not. Commissioner Carollo: And -- Mr. Perez: Commissioner, just one point on that. It's part of what we bid on. It's part of -- the overall area that we bid on included the submerged lands in order to build the transient -- the pier and the transient dock, and so it's part of the overall submittal. Mr. Torre: One segue, Commissioner. We will be making revenue on that transient dock, so it's part of their percentage rent. Commissioner Carollo: Part of the percentage. Mr. Torre: Correct. Commissioner Carollo: But still not -- Mr. Torre: I understand what you're saying. The answer is no. Commissioner Carollo: Okay. Mr. Perez: It's part of the pie, of the overall pie. Commissioner Carollo: Understood, understood. I think I've given you enough so far, so I say Mr. Torre: Okay, just to make -- just to confirm then, I will have for you the revised -- or the gross revenue report for you, and is there anything more you needed for me to -- Commissioner Carollo: Everything thatl stated on the record. I'm not going to ask you -- Mr. Torre: Okay. I just want to make sure -- Commissioner Carollo: I'm not going to ask the Administration to repeat it 'cause -- Mr. Torre: I'd like to, Commissioner, just for the record. Commissioner Carollo: -- we didn't have a good experience a few -- an hour ago with them writing down the information. Mr. Torre: Okay. Commissioner Carollo: So I'm not going to put them on the spot. City ofMiami Page 116 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Mr. Alfonso, would you please meet with Commissioner Carollo over the lunch break to discuss the gross -- Mr. Alfonso: Gross revenue. Chair Sarnoff -- revenue, the gross, Exhibit G, and if Mr. Noriega could -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: I'm going to need help from my colleagues. How do you say, "I reserve the rights for future questioning or" --? Commissioner Suarez: Rebuttal. Chair Sarnoff Nobody's taking away your right to ask further questions. Commissioner Carollo: Oh, okay. Vice Chair Gort: No, no. Commissioner Carollo: So just because I haven't -- just because I -- Chair Sarnoff Just because you have a list of six, it doesn't mean you're going to have a list of ten things when you're done. Commissioner Carollo: Oh, okay. I just want to make sure thatl -- Chair Sarnoff It is called reserving your right to ask further questions. Commissioner Carollo: Thank you. Chair Sarnoff Commissioner Spence -Jones, are there things you need to have answers to before we breakfor lunch or can we breakfor lunch? Vice Chair Gort: We have a CRA (Community Redevelopment Agency) -- Commissioner Spence -Jones: Well, I guess I have -- Vice Chair Gort: -- (UNINTELLIGIBLE). Commissioner Spence -Jones: Yeah. And let me just say yeah, I do have a couple of things that I'd like to see added, but before -- well, let me deal with those issues real fast, and they're real small things. You know, my biggest issue most of the time, you know, is always jobs and always making sure that the small businesses have the opportunity to participate. Andl know that, you know, we've been going back and forth with this whole issue of Grove Isle -- I mean Grove Key? Mr. Perez: Correct. Commissioner Spence -Jones: Right. Mr. Perez: Grove Key. Commissioner Spence -Jones: -- in this proposal and preparing for it so, finally, we got City of Miami Page 117 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 something, andl have to say this. I have to really admit that this is a beautiful project and you guys did -- if no one has said it, you guys have done an outstanding job, you know. Mr. Perez: Thank you very much. Commissioner Spence -Jones: Andl know it has not been easy because there's been a lot of drama around making this happen, so, you know, I don't know, Marc, if you -- I mean, I'm hoping that as district Commissioner, you're -- Chair Sarnoff I haven't said anything, Commissioner. I will tell you -- Commissioner Spence -Jones: I hope you love the project. Chair Sarnoff I do. Commissioner Spence -Jones: Okay. Chair Sarnoff Andl think they hit a home run, but want to get the problems out of the way or the issues -- Commissioner Spence -Jones: Yeah. Chair Sarnoff -- any Commissioner might have. Commissioner Spence -Jones: No, I just -- Chair Sarnoff I really want -- Commissioner Spence -Jones: -- but I still think it's important to commend people when they do great. Chair Sarnoff You're absolutely right. Commissioner Spence -Jones: Okay. Chair Sarnoff We're stuck in the reeds, and there you are flying your plane saying, `illy God, what a beautiful piece of land that they've created." Commissioner Spence -Jones: So I think they did a awesome job, so I wanted to mention that. I do -- on break, if we can, I want to make sure that language, though, is tighter on the job side of it. I know you've made some references in reference to local employment and working with South Florida Work Force, but, you know, we really want to focus on our own Miami Work Center, making sure it's very clear, and the way that it's worded in Section 21.2, it kinds of says "good faith efforts to work in coordination with that." I think that should just be automatic. It shouldn't be "good faith" but that you "will" work with them, you know. Of course, we don't know how many people will actually be employed, but do want to kind of you know, hone in a little bit on the area where it talks about at least 60 percent of its initial operating staff from the City -- you know, that they're City residents. I mean, I think that, you know, it needs to be very clear that you will work along with South Florida Work -- not -- excuse me -- Miami Work Center to make sure that it actually happens and meets that -- meet that goal and objective. My concern, though, is I just want to be clear when we say 60 percent, and one of the things I'm going to be working on from a legislation standpoint, just because of all of the stuff and problems and issues we've had with CIP (Capital Improvement Projects) -related projects, is bringing back language that clearly defines how many jobs. So I guess my question would be for you to work on the break is ifI can have a better sense of how many jobs are going to come out of it, I would City of Miami Page 118 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 like to be a lot clearer on that, 'cause when I think "operating staff " I think really more the management team and not all of the little small jobs and big jobs. I don't see that. Mr. Torre: So you want the operating staff. You don't necessarily need like the construction jobs right away? Vice Chair Gort: Both. Commissioner Spence -Jones: No. It should be all. I thought -- Mr. Torre: Okay. Vice Chair Gort: Both. Commissioner Spence -Jones: Yeah. I think it's -- I want to have a sense there's going to be -- when you create this project, 2,000 jobs, 60 percent of that, let's -- even if it's an estimate, that means this amount ofjobs so that we can have a sense of what numbers we're actually trying to reach, because it's been challenging for the City ofMiami -- I know at least for CIP and other departments. When we put these percentage and don't really put a number, it's really, really hard. So I would want to have a clearer understanding on that. Andl think that was my biggest issue. Ken Robinson [sic], I know he's here. One of the things -- we talked about this as well. It's not only the jobs, but the small businesses and making sure that the current ordinance that we have around the work force portion is included in this agreement, but also making sure that the local small business participation is included in this agreement. And unless it's here, I just want to make sure that I'm clearly understanding what it is before I vote on it, and hopefully, you can give me that information. So with that being said, I love the project. I think it's -- I came in with some reservations, you know, about it, but I'm a lot clearer on it. It looks great. I think it's going to be a wonderful addition to the Grove. I do want to say this about the three people that have worked on this project. Art, you know, Noriega, you know, we have the -- at least I know I do -- have the utmost respect for Art's capacity andArt's expertise to tell us what he knows is truth, so I don't think that -- I know I don't have any questions aroundArt's ability to make it happen if he said he can make it happen. On Henry, I do want to acknowledge Henry, because we have given Henry a million and one hoops to jump. This is the second time he's dealing with this RFP, and finally, he's not only, you know, got it right, but it seems as though we're going to be making more money off of it. Sorry on your side, but we're happy on this side. So I want to acknowledge Henry, because this has not been easy. He's been beat up most of the time. And then, of course, I do want to acknowledge Danny. Danny, I do think you need to drill down on the numbers a little more for Commissioner Carollo, but I know that you have at least vetted this project, and if you're giving a recommendation and your support on it, I think that's three good reasons why we would be supporting it. But with that being said, I don't know if we're actually voting on it now or we're going to -- Vice Chair Gort: No. Chair Sarnoff No, no, no, no, no. No, no. But here's -- let me try to give you some -- let me give you guys -- you have an SEOPW (Southeast Overtown/Park West) meeting to run right after this. Commissioner Spence -Jones: Yeah, andl -- Vice Chair Gort: Yes. Commissioner Spence -Jones: -- can do it really quickly if you want me to do it now. Chair Sarnoff No. I -- I'm trying to come up with some timing things for you guys, and I'm also City ofMiami Page 119 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 going to try to help you guys out. I think if you guys came back this afternoon -- you're gone for when, Commissioner? Commissioner Suarez: I've got to go at 4. I have to be --I have to leave about 3:45 and I'm not sure when I'm coming back. Chair Sarnoff Not sure. Commissioner Suarez: Not sure; at least an hour, if not more. Chair Sarnoff And if -- so if I figured you back by 5, 5: 30? Commissioner Suarez: I'll try. Vice Chair Gort: You leave at what? Commissioner Spence -Jones: I leave at 7. Commissioner Suarez: I'll try. Chair Sarnoff Okay. Why don't you guys come back at 5 o'clock. We will hear this time certain, 5 o'clock, all right? All right, so -- Commissioner Suarez: Mr. Chair, the -- I'll wait till 5 to make it. No, you know what? I'll wait till 5. No, 'cause mine are more comments, not so much questions. Commissioner Carollo: But would you be here? Chair Sarnoff Yeah. I'm -- Commissioner Suarez: He's going to wait until get back, I presume, right. Yeah. Chair Sarnoff Right. I'm just trying to give you guys -- Commissioner Suarez: No earlier than 5. -- Chair Sarnoff -- a schedule. Commissioner Suarez: Right. No earlier than 5 to give them -- Chair Sarnoff Right. Commissioner Suarez: Right. And -- Chair Sarnoff Unless, Commissioner Gort, you think you need to have something answered? Vice Chair Gort: No. The only question I had is the agreement between Grove Marina and the new -- Commissioner Carollo: Grove Harbor? Vice Chair Gort: The Grove Harbor, yes. Mr. Torre: Yes. City of Miami Page 120 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: Do we have an agreement signed by them and approved by the City? Mr. Torre: We have a letter of intent, yes. That was approved, correct. Vice Chair Gort: That has also to be approved by the City. Mr. Torre: No, it does not. Vice Chair Gort: Check it out. Mr. Torre: Okay. Chair Sarnoff All right. Vice Chair Gort: That's it. Chair Sarnoff So we're going to be in adjournment [sic]. Does everybody want, bearing in mind, my estimation is we will be here a long time tonight. Having said that -- I think we'll be here a long time tonight no matter what -- do you want a two-hour lunch? Commissioner Suarez: I'm sorry? Chair Sarnoff Do you want a two-hour lunch? Commissioner Suarez: No. Whatever (UNINTELLIGIBLE). Commissioner Spence -Jones: No. Chair Sarnoff No. Commissioner Spence -Jones: I want you to try to -- well, it's up to you. I don't want to say. Chair Sarnoff I'll give you an hour -and -a -half lunch. Commissioner Spence -Jones: But I just want -- Chair Sarnoff I'll give you an hour lunch. Vice Chair Gort: Well, we got a CRA meeting now. Chair Sarnoff Right, we have a CRA meeting, which is going to -- Commissioner Carollo: Come back at 2: 30. Chair Sarnoff -- bite in -- which is going to cut into some of the two-hour lunch. Vice Chair Gort: Hour and a half. Chair Sarnoff Hour and a half lunch, all right. So we will back here -- Commissioner Spence -Jones: Our items are pretty quick so I mean -- Chair Sarnoff -- at 2: 30, all right? We'll be back here at 2: 30. The City Commission is in recess until 2:30. Chair Sarnoff All right. City of Miami Page 121 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Suarez: Next item. Commissioner Carollo: Grove. Chair Sarnoff So Grove Key Marina or -- Commissioner Carollo: Let's -- Chair Sarnoff -- more time? Commissioner Carollo: No, let's try -- I need to speak with our auditor, but in the meantime, let's -- Chair Sarnoff All right, let's start -- Commissioner Carollo: Yeah, let's start with Grove Key. Chair Sarnoff -- Gove Key. Commissioner Spence -Jones: Okay, ifI could just put on the record, I did make the adjustments on Grove Key so those things are included, which was the employment of small businesses. We were able to get that in, soI appreciate that. Chair Sarnoff I have my notes, so I'll make sure they're in there. Commissioner Spence -Jones: Okay, thank you. Chair Sarnoff All right, so are we ready for Grove Key? Commissioner Carollo: Yes, yes, let's -- Chair Sarnoff So RE.16, RE.16. Commissioner Carollo: Okay, let's go back to some of the issues I had. I had the issue with Miami Parking Authority not providing any information with regards to how they're going to finance the $5 million for the parking garage, and as far as a timeline to make sure that they are projecting to be on time, because it's a lot of money to the City ofMiami. I'm going to put in the record something provided by Miami Parking Authority. It is a timeline based on their 20 years in development experience and 15 years in parking. It shows that they have a buffer of about six months to be able to deliver everything on time, and at the same time, I'm going to put into the record an e-mail (electronic) from Arthur Noriega, which initially came from Ed Stull from First Southwest Financial Company, stipulating with regards to their bonding capacity, so -- and although it's not my preference in supporting documentation, I have to admit, at least it makes me feel more comfortable with regards to being able to deliver on time. Let's go into the -- I mentioned, with regards to the CPI [sic] escalation, there was a cap of 5 percent. I spoke with -- I -- the company. I don't know how I should state it. Mr. Perez: With representatives of Grove Bay Investment. Commissioner Carollo: I spoke with them. They want to maintain the cap; however, another way to make the adjustment and make me -- make us feel more comfortable and make sure that we could adjust the fair market value of the minimum -- let me -- minimum base rent -- Mr. Perez: Sure, correct. City ofMiami Page 122 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: -- is that instead, if you go to -- in our contract -- and give me a second so I could get to the exact -- if you go to Section 4.1.1, Minimum Base Rent, there is a sentence there that stipulates that "Following each of Lease Years 15, 30, 50 and 65, the Minimum Base Rent shall be adjusted to equal the then applicable Fair Market Rent, as determined pursuant to Section 4.3.2." We are going to change those years and instead of 15, it's going to be 10; instead of 20 -- I'm sorry -- instead of 30, it'll be 20, so in essence, every ten years. So in year 10, year 20, year 30, year 40, year 50, year 60, we are going to then evaluate to make sure that we're getting the applicable fair market rent. Mr. Perez: We're in agreement. Commissioner Carollo: Okay. The other area was with regards to our Internal Auditor. The last saw him, he was in my office reading various sections of the contract that I need for him to put on the record. Mr. Guba, if you could come up. Chair Sarnoff Mr. Guba, you want my jacket? Commissioner Carollo: He rushed over here -- Chair Sarnoff Okay. Commissioner Carollo: -- so go easy on him. Theodore Guba (Office of the Auditor General): Ted Guba, Auditor General. Commissioner Carollo: Mr. Guba, I asked you to read certain sections of the lease, and pretty much, what I want you to put on the record that you have read it and you have what you need, you feel comfortable with the language; more particularly, Section 4.5, 4.6, 4.7, 4.8 with regards to examining their books, the audit, and you feel comfortable with that; there's sufficient language in there for you to be able to do your job should we need to do any type of internal audit. Mr. Guba: As far as the records being required, the reports that are to be provided, the right to audit, to examine the books, the basic stuff is there. You know, I would recommend that certain enhancements be made, but the basic stuff is there to do the work. Commissioner Carollo: When you say you would recommend certain enhancements, can you say that? Because -- Mr. Guba: Well, I mean, the audit -- Commissioner Carollo: -- I -- Mr. Guba: The audit clause is like the three years after the end of a year. I would make it five years. I mean, just a few things that I think could be addressed more -- Commissioner Carollo: Well, let's outline them. Mr. Perez: Yeah, and certainly, that's acceptable to us -- Commissioner Carollo: Yeah -- Mr. Perez: -- if you want to make that change. City of Miami Page 123 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: -- let's outline them. And know you're not -- you haven't had too, too much time to, you know, read through this and get your list, but I mean, in all fairness, is there any problem with tabling this for another 30 minutes -- Commissioner Suarez: I have no issue. Commissioner Carollo: -- for him to do the list and, you know, see --? Mr. Guba: I could address a couple of them right now. I mean, that's -- Commissioner Carollo: Sure, and we got the representative here so. Vice Chair Gort: Let me ask a question a minute. Mr. Perez: We have everybody here that can make decisions so. Chair Sarnoff Wait, wait, wait, stop. Commissioner Gort is recognized. Vice Chair Gort: My understanding is, according to our contract, you can go in any of the facilities that we lease and pull an audit. Mr. Guba: Yes. Vice Chair Gort: At any time. Mr. Guba: Yes. Vice Chair Gort: Okay. Commissioner Carollo: Yeah. However, there's certain language -- specific in the language with regards to different documentations that I would want our internal auditor to review, which he has, and give his suggestions. And again, it's just, you know, more coverage for the City, and that's why I've asked him to do that; and I think, in all fairness, he should have been part of the process looking at this; not necessarily negotiations, but he -- you know, the bottom line is, I think he should have been included from the beginning. Mr. Guba: So I could -- a couple -- Vice Chair Gort: What is it? Yes. Mr. Guba: I mean, I would require that State of Florida sales and use tax returns be included as part of the documents. Commissioner Carollo: You okay with that? Mr. Perez: Yeah, that's certainly not an issue. Mr. Guba: The language under `Reports by Lessee, " I think it should specifically say that although an independent certified public accountant is preparing the -- or is providing the annual report, it doesn't specifically say that he should provide a certification of the -- of his audit of gross revenues, gross receipts. Mr. Perez: Yeah. I mean, I don't think that's an issue at all. Mr. Guba: Okay. It doesn't specifically say that. City of Miami Page 124 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Perez: We can spec. We're (UNINTELLIGIBLE). Mr. Guba: There are -- yeah, and as I mentioned before, the audit clause be extended to five rather than three years. Mr. Perez: Agreed. Mr. Guba: And I think that's about it. That's about it. Mr. Perez: We agree to all of them. Commissioner Carollo: And they agreed to it. I don't know who the maker of the motion -- original motion is. Chair Sarnoff I'm not sure. Do we have a motion yet? Do we -- Vice Chair Gort: I didn't have a motion, but I'll be more than glad to make the motion. I move it. Chair Sarnoff As amended, right? Vice Chair Gort: As amended. Commissioner Carollo: I will second it as amended, and let's not go fast. We need to make sure that Commissioner Spence -Jones amendments are on the record. Ms. Xiques: Correct. I have made an amendment to Section 21.21 of the lease and it reads: "Lessee agrees that a minimum of 15 percent of the contract value for the construction of the Leaseholdlmprovements will be performed by an entity currently certified by Miami -Dade County as a Community Small Business Enterprise. Lessee anticipates that the marina and restaurant operations at the Property will generate approximately 200 full time equivalent jobs upon stabilization. Lessee agrees to work with the South Florida Work Force and the City's Economic Initiatives and Access Programs to advertise all of the Lessee's entry level positions. Commencing as of the date that the Leaseholdlmprovements are completed, Lessee agrees to use good faith efforts to ensure that at least sixty percent of its employees are City ofMiami residents. The calculations of employees will be based on the total payroll of Lessee, including operational and administrative staff. After the third anniversary of the completion of the Leaseholdlmprovements, the commitment set forth above will be reduced to forty percent. The foregoing requirements shall not apply to Sub -lessees." And that's the change that Commissioner Spence -Jones agreed to and -- Mr. Perez: And we're in agreement, as well. Commissioner Carollo: I want to make sure that, for the record, the previous amendment in Section 4.1.1, where -- I don't know what sentence it is, but it stipulates "Following each of Lease Years 15, 30, 50 and 65, the Minimum Base Rent shall be adjusted to equal the applicable Fair Market Rent, as determined pursuant to Section 4.3.2. " That now should read instead of 15, 30, 50 and 65, it should read: 10, 20, 30, 40 and 60, so that's an amendment to the lease. Mr. Torre: And you -- excuse me -- and 50, too, correct; 10, 20, 30, 40, 50 and 60? Commissioner Carollo: Yes. Mr. Torre: Okay. City ofMiami Page 125 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Perez: We're in agreement. Commissioner Carollo: Well, you know, it's a 50 year lease, so if we could just do 50. Mr. Torre: Okay. Commissioner Carollo: (UNINTELLIGIBLE). Unidentified Speaker: Every ten years. Mr. Perez: We're in agreement with all those changes. Chair Sarnoff All right. So we have a motion, we have a -- Commissioner Suarez: Go ahead. Chair Sarnoff -- second. Commissioner Suarez: Go ahead. I'll second it. Chair Sarnoff Discussion. We have a second. Commissioner Suarez: Okay. Chair Sarnoff As amended. Commissioner Suarez: Okay. No, I just want to say a couple things. I haven't had a chance to talk about the project andl want to -- first of all, I want to commend Commissioner Carollo, because I think that's a very good use of our auditor, independent auditor. You know, we don't do that enough. I mean, we have a City Attorney, we have a staff we have a City Manager that we can rely on. I think it's good to get the auditor, our independent auditor and use him as a constitutional officer, which is precisely what he is. Commissioner Carollo: Absolutely. Commissioner Suarez: So I commend you for that. Andl wanted to say two or three things about the project, itself. To me, this project is visionary, it's transformative, it's going to, in my opinion -- in my humble opinion, it's going to begin the renaissance that is happening in Coconut Grove over the next few years. I think -- Actually, you know, some people may have been critical because of the fact that there was only one, at the end of the day, proposer, but I think it was a highly competitive process because we went through two RFPs, one of which had a tremendous amount of proposers and was thrown out for a variety of defects. It was incredibly defective, but one of the things that it did help us do is it provided a test case for what are the components that we need in an RFP to make it a strong RFP, and as Commissioner Carollo said earlier, one where you have a proposer putting up essentially 50 -- you know -- 40 to 50 percent of the cash upfront, and we've seen other projects -- andl have to give him credit -- where they're massive projects, and we don't get any sort of assurances like that; andl don't think, had we gone through that first RFP process, I'm not sure that we would have built that into the second one, because what happened in the first one was one of the proposers came up with a very significant up -front cash, you know, offer in their proposal -- and to be honest with you, I didn't think that was the best proposal, but it was a very financially strong proposal. So we took kind of the best of all the proposals that we saw in the last round, and that's how I think the Administration built the RFP, from what I could see and what I could observe, and I think we got a good, responsible local company that obviously has put their money where their mouth is, so I'm very proud to be City of Miami Page 126 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 in support of it. Chair Sarnoff And I've been asked by the City Attorney to open up a public hearing but -- and I'm going to put my comments on the record. Probably the reason I ran for this office is probably the very begin -- or the middle of the Sasaki plan, andl wanted to see City Hall and this whole area get green. I don't know about you all; I can't believe what our waterfront looks like. I can't believe how bad it looks. I can't believe that we put asphalt right on our waterfront, and the fact that -- it's a shame there has to be a parking garage, but there has to be a parking garage. If you're going to pull up acres and acres and acres of asphalt, you got to put the cars somewhere; and what everybody forgets, and whoever is going to have a public hearing here, on November 1 the thing just to the south of us is coming down, and that is 8.9 acres -- Commissioner Suarez: It's incredible. Chair Sarnoff -- of more green space. Commissioner Suarez: And Mr. Chair, ifI may, I think you said in your proposal that we were going to get seven and a half times more green space. That, to me, mathematically, means 700 percent, 750 percent more green space than what we currently have, so we're getting what you said right now, 8. -- Chair Sarnoff Nine acres. Commissioner Suarez: -- Nine cares, plus 750 percent more green space in two adjacent projects. Chair Sarnoff Correct. Commissioner Suarez: That, to me -- like I've told you before from up here, I think that's your signature -- aside from the 100 police officers, which we're going to get eventually -- We'll get there, just trust me. Vice Chair Gort: We got to improve the process but -- Commissioner Suarez: We have a lot of people here that can pray for it. Vice Chair Gort: Mr. Chairman. Commissioner Suarez: But -- Applause Vice Chair Gort: Pray as a unit. Commissioner Suarez: -- I guess -- I'm on a roll today. Vice Chair Gort: Pray as a unit. Commissioner Suarez: No, but seriously, you know, we're going to get -- your -- one of your signature achievements is going to be how much parkland you added in the most dense areas of the City ofMiami, andl commend you for that. Chair Sarnoff Thank you. All right. Vice Chair Gort: Mr. Chairman. City ofMiami Page 127 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Go ahead. Vice Chair Gort: I'd just like to say the -- I love the idea that local business people, you got the right thing together, and you have people that have experience in every field that you're being selected, andl think it's going to be great and I'm glad you guys put this proposal together. And let me tell you, a lot of people ask, "How come there's only one?" It's very difficult, when you have to put a proposal together, to spend the amount of money you have to do to put proposals together, because I've done that all my life, and then you have to go to an election, so not only do you have to convince ourself [sic] that this is the best for the City ofMiami, now you got to go out and convince the residents of the City ofMiami to vote it, because they are the best thing for the City ofMiami. Chair Sarnoff And a little known fact. Jay Leyva is right there. If he didn't have his kid, he probably would never have done this, 'cause he used to say, `I want to take my kid to the waterfront, but there's no place for me to walk." And what he's just done is said `I'm going to make a family friendly place on the waterfront in Coconut Grove, " so having the kid, what a great idea. All right, I have to open up a public hearing. Anybody wanting to be heard on RE.16, is it? Unidentified Speaker: Yes. Chair Sarnoff RE.16, please step up. Hearing none, seeing none, coming back to -- Unidentified Speaker: I wanted to talk. Chair Sarnoff Oh, go ahead. Vice Chair Gort: No, you got two people. Charles Corda: My name is Charles Corda. I'm an architect. I am a Coconut Grove resident. I've lived here for 33 years andl am here as a concerned citizen. I have -- I attended a meeting about a week ago with the Grove Village Council to look over the plans, andl had some questions that weren't adequately answered, one of which was related to the parking garage that we're talking about now. I felt that what I was looking at was not necessarily intentional, but a misrepresentation of what was in this lease. The lease calls for 497 parking spaces at a minimum. Today, this morning, I heard 700, but based on the 497 or 500, you're talking about a building of 198,800 square feet. The footprint that they show on the plan, in some discussions I've had with people like Michelle Niemeyer, basically say that the building that is proposed now at that number of 497 plus the 40 to 60,000 retail that will go into it is about a 10-story building. This is what I've been told and that's what the calculations work out to. Chair Sarnoff That is -- well, you know what? You got to say what you got to say. Mr. Corda: Well, ifI may finish, this is what know at this point. The sheer numbers, I think, are way out of scale for the site and the location. I support your desire for more park space wholeheartedly, as you may know. I think the project, as well designed as it is, is on the wrong site. I have looked at the presentations. It's very well done. The buildings are nice designs, but they're in the wrong place. Having a 10-story parking garage could be potentially devastating to the residential neighborhoods adjacent to this area. The traffic that will be generated if you build for 500 cars, then 2,000 will come. Chair Sarnoff And in conclusion. Mr. Corda: I think this is a point that really needs to be looked at. The -- they're not the proper City ofMiami Page 128 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 feeder streets into this area. This traffic will go through the residential neighborhoods; it's inevitable. Chair Sarnoff Thank you. Mr. Corda: That -- may -- that's it? Chair Sarnoff Your two minutes is up. Thank you. Mr. Corda: Thank you. Chair Sarnoff Anyone else wishing to be heard on RE.16? Hadley Williams: Yes, please. Chair Sarnoff You're recognized. Mr. Williams: Hadley Williams, 2441 Trapp Avenue, Miami, here in Coconut Grove. I've been on the waterfront for 20 years and was very active, along with many, many others in the community, in the work on the Coconut Grove Waterfront Master Plan. First, I would like to say that appreciate, Mr. Chairman, that you've opened this up for public comment. I and many others are seriously concerned that there has been no public input to this since the Coconut Grove Waterfront Master Plan was made. Here, we're talking about an 80 year possibly lease, and there has been no public input. There have been discussions that there was a cone of silence around the evaluation committees. According to the documents on the website about the cone of silence, there is no cone of silence prohibition as long as there's public notice of public meetings to discuss such things as this project. Now, it would seem to me, based on the proposal and discussions with people like the Marine Council, that there are issues in the construction of the RFP, the requirements of the RFP itself that are problematic. One is an operating marina that is there today is no longer going to be in place based on the design. If you talk to the specialists about marine operation, the current proposal to combine the water access with the existing other marina was never in the waterfront plan, and if you do traffic analysis with the size of the equipment, it is not going to work and it will be a danger. So there are several other things that we have put in here in terms of the water plan, the waterfront plan. The developers have said that this is in sync with and an implementation of the waterfront plan. The waterfront plan suggested -- Chair Sarnoff And in conclusion. Mr. Williams: -- an addition of 6, 000 square feet. Chair Sarnoff In conclusion. Mr. Williams: There is 37,000 square feet of restaurant, 60,000 -- Chair Sarnoff Fine, give him another two minutes; Nathan Kurland will not speak on this. Mr. Williams: Thank you. Commissioner Carollo: No. Chair Sarnoff No, I gave you two more minutes. Commissioner Carollo: You got an additional two minutes. City of Miami Page 129 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Williams: Thank you. There's 60,000 square feet of retail space, supposedly marine related. There have been marine -related stores around the waterfront that have all failed. If you speak with people like the owner of Crook 'N Crook, he will elicit for you how many marine -related stores have succeeded when there is not parking immediately adjacent. There's all kinds of experience in this community that has never been requested as part of this project, andl request that you defer any further action until there has been public input. Chair Sarnoff Thank you. Applause. Chair Sarnoff You're recognized for the record. Al Crespo: Thank you. Al Crespo, 689 Northeast 92nd Street, Miami, Florida. How many people are going to be here in 50 years? You've got a 50 year contract. You've seen in the past when you've given long contracts, things happen 10, 15, 20 years down the road. Do you have in the contract the ability when the property changes hands if somebody -- if the present owners of the lease decide to sell to other people, can you go back and revisit it? You couldn't do it with Scotty's Landing and Grove Key Marina, and as a result, the City is now going to be forced to pay taxes on property taxes because you couldn't have the ability to insert new language into the lease because of the long term of the lease. You had the City auditor, the internal auditor stand right here not less than five minutes ago under pressure, rushing through to read the contract to give you information. Is that the best way you operate; that you have to have the auditor come here at the last minute? How come he didn't have the opportunity to see this contract last week, you know, with enough time to look at it instead of rushing over here and under pressure to read this? You've got a parking garage. Commissioner, you said City ofMiami -- the Miami Parking Authority hasn't even got a plan on a piece of napkin paper for you. They've done a great job. All the retail space over here on Mary Street, half of it has yet to have been, you know, leased out. The retail space on 2nd Street has yet to be leased out. The retail space at the Marine Stadium has yet to be leased out. True, the Miami Parking Authority is responsible for parking; they're not responsible for retail. That's a secondary item for them. You don't have a plan. You have no idea of what that parking garage is going to look like, how high it's going to be, how wide it's going to be, how many cars are going to be there. It's not included in the RFP. Chair Sarnoff Thank you. Mr. Crespo: Thank you very much. Applause. Chair Sarnoff You're recognized for the record. Susan Lupien: Susan Lupien, Edgewater Drive, Miami, 33133. I'd like to begin by saying that I have tremendous respect for the Mayor and the City Commissioners. Yours is a very difficult and pretty much thankless job. Unfortunately, in this case, it has been made even more difficult by virtue of the fact that the Selection Committee has, once again, underperformed, doing all of you, the City, and the residents a great disservice. You have before you one proposal that's been recommended by the Selection Committee as the top rated proposal, which technically is correct, given it is the only proposal. Perhaps the majority of the committee members thought it was better to recommend something than nothing. However, there was one committee member who took this responsibility very seriously, did his own extensive analysis and refused to even grade the proposal, let alone recommend it. Steve Kneaplerstood alone in his dissent, because by his estimation, and indeed anyone's common sense, this proposal was nonresponsive, which disqualifies it automatically. His basis for this included, one, contemporary redesign of the historic hangar as opposed to refurbishment and restoration of those hangars; two, a City ofMiami Page 130 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 miscalculation of parking facilities that falls short of the number of spaces required by law; three, a merging of services with the adjacent Grove Harbor Marina and Caribbean Marketplace which because a different expiration dates on the leases would complicate the City's ability to negotiate a new lease independent of one property or the other. He also mentions an existing lawsuit involving the respondent, to which I might add the issue of credibility of the respondent; specifically, where is the Caribbean Marketplace they promised when they won the last bid? But perhaps the most significant point Mr. Kneapler made during the Selection Committee meeting was stating the opposite -- the obvious: There is only one proposal. This, he said, was a clear indication that something is wrong with the process, and I, as well as any reasonable person, would have to concur, a conclusion further underscored by the fact that this is a second time around. Clearly, there is something wrong with the process. I can't even pretend to understand the process. I don't know who drafts the RFP. I don't know who approves the RFP. I don't know how the Selection Committee is chosen. What I do know is things need to change. I'm not a great proponent of micromanaging, but maybe it's time for that. Maybe it's time for the Mayor and/or the City Commission to step in and at least revisit the process and perhaps even get more directly involved at various steps along the way. For example, I think it's great that it includes a donation -- Chair Sarnoff And in conclusion. Ms. Lupien: You want my bottom line, right? Chair Sarnoff Thank you. Ms. Lupien: I say you set aside -- Chair Sarnoff Thank you. Ms. Lupien: -- the proposal as nonresponsive. Chair Sarnoff Thank you. Ms. Lupien: Thank you. Applause. Chair Sarnoff Yes, sir, you're recognized for the record. You're recognized for the record. Henry Clay Carmichael: Thank you very much. My name is Henry Clay. I'm a resident of this community. It's an honor to be standing in this historic building and addressing the Commission as well as the audience. The question I have is, What about -- at what expense to the general public, your constituency? The examples of this concern are: During the construction phases, access to the waterfront; the esplanade or bay walk, as we shall call it, east of Scotty's Landing and the Charthouse. The number of projects that I am hearing proposed at the same time would have become known as the Crystal Towers where the Grand Bay stood. The destruction of the convention center; the construction -- I'm sorry -- destruction; the construction of the new dock office, and now we have another grand plan that's going to involve a great deal of noise, potential pollution, disruption to the community. It is a grand plan. I am certain of one thing: That it sounds as though the price of lunch is going to go up and the parking will become more expensive. I would urge this Commission to consider the fact that pedestrians, foot traffic, mothers pushing baby carriages, runners, bicyclists, and mariners transiting to the City, as well as individuals at Grove Key Marina which has storage and associated parking which I've heard no indication of being addressed here, and maybe more importantly, the disenfranchisement of workers at the existing facilities and the potential burden to the public resources; for example, unemployment benefits. The duration of this project, which I assume would be at least two years City of Miami Page 131 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 or more, insists these concerns be addressed in spite of the concerns for the revenue by the City. Why 50 years? Why 80 years? I haven't heard of anything like this since stilt still (phonetic). Why Charles Lindberg, not Howard Hughes or Pan American? I see the -- are the existing facilities so broken? This is a historic place, Miami, the Magic City. I have this advice to the Commission, please, four letters: Y-W-W-C -- Chair Sarnoff Thank you. Mr. Carmichael: -- watch your wands carefully. Chair Sarnoff Thank you. Mr. Carmichael: Thank you very much. Applause. Michelle Niemeyer: Michelle Niemeyer, 3400 Pan American Drive, and I'm here to speak today as a member of the Coconut Grove Village Council, as well as a resident of Dinner Key Marina. We're probably the most likely to be affected by this project. First, let me address the Village Council. At our meeting last week, the Village Council voted to support this project, andl want to let you know that. The one caveat to that was the Village Council suggests that you consider in the retail wraparound of the parking garage to make sure that that parking garage wraparound -- we know that the RFP didn't specin, the use -- that it address park users' needs as in we have a lot more physical fitness activity going on along the park now than we did five years ago when the master plan was finalized and the suggestion is perhaps some of that retail space could be dedicated to uses like, for instance, training program facilities or that kind of thing; bicycle shops; things to serve the people who use the park and who are -- maybe you could rent bicycles, for instance. It might be a good use and a use that evolved, you know, really in the last five years. I am very strongly in support of this plan. I, as some of you know, was probably more involved as a resident than anyone else in Coconut Grove in the waterfront master planning process as a volunteer. A number -- I'd say hundreds of residents came out during the process, and the plan that has been proposed and used and executed through this RFP proposal is very consistent with what the residents of Coconut Grove came up with in the waterfront master plan. It's a beautiful proposal. We have some people now coming out five years later saying it should be a park. Those people lived here five to eight years ago and could have been involved in the planning process. There are parks in the planning process, and it's a great plan. I hope you'll vote in favor of it. Chair Sarnoff Thank you. All right, anyone else? The public hearing is now closed; coming back to the Commission, you're recognized for the record, Commissioner Suarez, then Commissioner Gort. Commissioner Suarez: I should just probably not say anything, but there's a couple points that do want to address, because, you know, whenever the public speaks, we listen, andl think when they make points, we feel the need to address certain issues. One of them is, you know, Is this a public process or is this not a public process?" I think it's important for people to understand that we went through this RFP process last year. It was very public, to our embarrassment, and did not end well. I think the Administration learned from that process, was efficient in redrafting an RFP; actually met with Commissioners. And by the way, I've never heard of a situation where a member of the public has wanted to meet with the Administration in that intervening year when this was a very public thing and the Administration saying, "We don't want to meet with you, we don't want to listen to you, we don't want your input. " Aside from that -- andl think this is something Commissioner Carollo has harped on continually on a variety of other issues -- this is going to referendum, so this is the ultimate public process, because at the end of the day, the public will be the ones deciding whether or not this goes forward or not. And lastly, I'll just City of Miami Page 132 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 leave it -- I'll just say a couple more things. When I first got here, I saw -- I was confronted with the Sasaki plan, andl thought it was like pie in the sky, like we would never -- I would never see the day where we would start to implement some of these things, and that's what happens with a lot of our master plans. It really does. That's the honest and sad truth. But we're starting to see it happen before our very eyes, and it's actually quite inspiring, and, you know, I don't know how people get on the Selection Committee of these RFPs, but, you know, maybe the Manager should really look at that issue. Thank you. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I just want for everyone's sake, everyone who's present, everyone who is present or watching and was not here in the morning portion of this meeting, I actually asked whether our CFO, our Finance director had seen special language in the lease, including the definition of "gross revenues." I also asked that we should work more as a team and has our internal auditor had a chance to review some of the sections that he came forward and read and made his suggestion. Mr. Guba, can you come up, please? And am going to ask you straight up, and want you to give me your sincere answer. Do you feel you've had enough time to read this? Do you need more time? Because just a little while ago I said "Hey, we can table this." I can assure you, all these people are not going to take 30 minutes. This meeting is going to go for quite a long time, so if you need to table this, re -read it, come up with your suggestions, I don't have a problem with that. Now, I want -- I'm going to ask again. I just want your sincere answer. Do you feel pressured? Do you feel you've had enough time to look at some of these sections? Do you need more time? Mr. Guba: I read the provisions in regard to the audits and the recordkeeping, and, you know, basically, I feel comfortable with it. I don't need more time, but I do understand also that before the agreement may be signed, there can be refinements made to it. This isn't a final agreement by Commissioner Carollo: Okay. And l just want to hear from our City Attorney. Is that correct, Madam City Attorney? Ms. Xiques: You're executing the document -- you're putting the document in substantially the attached form. Minor modifications; for example, if you wanted to change the three-year audit period to a five-year audit period so long as Grove Harbor Group agreed, that would be fine. Major modifications would require a revisiting by this Commission, but I don't believe that anything of what you have mentioned today is a major modification. It would all be in substantially the attached form. Mr. Guba: I don't think that (UNINTELLIGIBLE). Sorry. I don't -- in my opinion, there is no need for any major modifications related to -- Commissioner Carollo: And again, Mr. Guba, I want you to be sincere. If you tell me you need more time, you know, I'm going to suggest we table this and give you more time. And again, this was early in the morning at my suggestion that I thought you should be involved. I even went as far as telling you some of the sections that dealt specifically with audits and lessee's books and so forth, which I thought you should have a chance to read and add value to this Commission's decision so -- Mr. Guba: As to the areas that I've read, and I'm familiar, I've read many leases which are similar to this, and they have the basic provisions the others do, so I'm familiar with it and I'm comfortable with it. Commissioner Carollo: Okay. Thank you. City of Miami Page 133 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Guba: You're welcome. Commissioner Carollo: Mr. Manager, I came andl spoke to you just a couple of minutes ago. Like I said, listen, I had five business days to review this lease. I've done a lot andl know there's language in here with regards to assignment, but they cannot sell the property because they don't own the property. However, they can assign the property but -- and I'm going on memory -- it's my understanding, if they assign the property, the City gets 5 percent of the gross of their profit or -- so to speak, but -- Mr. Perez: Two percent. Commissioner Carollo: Two percent. Mr. Alfonso: There is a sliding scale of diminishing return -- Commissioner Carollo: Right. Mr. Alfonso: -- up to a 20 year period, I believe. Mr. Perez: Right. It goes two, one and a half, one, I believe. That might be a little bit off but there's a sliding scale. Mr. Torre: It's two for the first 5 years, and then it's on a graduated scale through 20 years, so we will always get paid something up to 20 years for the term of the lease. Commissioner Carollo: Right, and that was my belief. And bear with me, 'cause, again, we have been in a time crunch, and like I said, my -- from the beginning, I preferred to have deferred this to the next meeting, but, you know, I think the will of this Commission is to move forward; therefore, I'm trying to make it as tight as possible. That's all have for right now. And by the way, I do want to say what -- mention what Commissioner Suarez said. Ultimately, it will be going to the voters, so if there are disagreements, you're going to have your time at the ballot box and realistically, you know, I would think if there really is a big issue, there would be a lot more people from the Grove coming here. I mean, we see with an issue -- Mr. Perez: That's for sure. Commissioner Carollo: -- that, realistically, all these people or most of them came here at 2: 30 in the afternoon, and Commissioner Sarnoff mentioned `Listen, don't plan on hearing this until 7 o'clock at night." And guess what? Commissioner Suarez: They're all here. Commissioner Carollo: This chamber remained packed. So I think if there was really an outcry from the Grove -- andl mentioned -- the first thingl mentioned was, "Listen, I'm not crazy about putting a garage there where it's at, butl understand the balance." So if there was really an outcry from the Grovites or, you know, the people from the Grove, I would expect to see them all here, and it doesn't appear like they are here. Andl do respect the few people that came here from the Grove and spoke, but ultimately, it will go to a referendum. Commissioner Suarez: And by the way, there's significant organizations from the Grove that are supporting this project, which I think is also important, because a person can come here and express their personal opinion and that's important, but when a group and an organization that's significant and has a significant stake in the Grove comes and supports a project, that to me has -- carries a lot of weight. City of Miami Page 134 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Vice Chair Gort: Call the question. Chair Sarnoff All right. Commissioner Carollo: I'm sorry, Mr. Chairman, one more thing. I don't know if it can actually be put in the lease or not, but the recommendation that -- and l forgot what's the actual name of the board -- but where Michelle Neimeyer came up and said one of the suggestions with regards to the wraparound, having like a bike shop or so forth in the retail. I mean, I don't know if that needs to actually be placed in there, but I mean, I think it's a good idea and -- Chair Sarnoff It's an idea that's being broached with them. Commissioner Carollo: Okay. Chair Sarnoff I can assure you that we have talked significantly about biking and bike -related issues, too. Commissioner Carollo: I mean -- and it makes sense. You know, I'm trying to do something similar in our district and I'm trying to promote the biking concept so. Chair Sarnoff All right. Mr. Perez: Thank you. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Sarnoff All right. Vice Chair Gort: As amended. Commissioner Carollo: As amended. Chair Sarnoff As amended. RE.17 RESOLUTION 13-00836 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FOR THEIR APPROVAL OR DISAPPROVAL THE FOLLOWING REFERENDUM BALLOT QUESTION, "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 7 ACRES OF WATERFRONT AND SUBMERGED LANDS IN COCONUT GROVE TO GROVE BAY INVESTMENT GROUP, LLC, PROVIDING FOR 1) A MINIMUM OF $1.4 MILLION IN GUARANTEED ANNUAL RENT AND 2) APPROXIMATELY $17.9 MILLION OF PRIVATELY FUNDED IMPROVEMENTS TO REDEVELOP AN EXISTING MARINA AND PUBLIC BAYWALK, CONSTRUCT RESTAURANTS AND, PARTIALLY FUND A PUBLIC PARKING GARAGE, FORA 50 YEAR TERM WITH TWO 15 YEAR RENEWAL OPTIONS?"; DESIGNATING AND APPOINTING THE CITY CLERK City of Miami Page 135 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 13-00836 Summary Form.pdf 13-00836 Legislation.pdf 13-00836 Exhibit 1.pdf 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 R-13-0305 Chair Sarnoff RE.17. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner -- Veronica A. Xiques (Assistant City Attorney): I'm sorry. The ballot language that I had initially sent in the agenda, I have changed. You know, drafting ballot language is something that just is not an easy task, so I massaged the language some more. The ballot question that am now proposing is: "Shall the City be authorized to lease approximately seven acres of waterfront and submerged lands in Coconut Grove to Grove Bay Investment Group LLC (Limited Liability Corporation), providing for: One, a minimum of 1.4 million in guaranteed annual rent; and two, approximately 17.9 million of privately funded improvements to redevelop an existing marina and public bay walk; construct restaurants and partially fund a public parking garage for a 50-year term with two 15 renewal options?" Mr. Torre has just handed out, at the top, the redline version so you see the changes and the clean version on the bottom. Commissioner Suarez: Move it as amended. Chair Sarnoff We have a motion as amended. Is there a second? Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. All in -- any discussion? All in favor, please say "aye. The Commission (Collectively): Aye. Richard Perez: Thank you very much. Chair Sarnoff Thank you. All right, we are -- Guess what? Commissioner Suarez: Hey, you weren't too far off with your prediction. You weren't too -- Applause. City of Miami Page 136 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff I just want to say -- Commissioner Suarez: -- far off with your prediction. Chair Sarnoff I wasn't that far off guys, right? Vice Chair Gort: That's pretty good. Chair Sarnoff Does anybody want to take a quick two or no? Commissioner Gort? Commissioner Suarez: Yeah. No? Well, I don't -- it's up to you guys. Commissioner Carollo: Let's take a quick two. Chair Sarnoff I'll tell you what we're going to do. Commissioner Suarez: I'm going to -- Chair Sarnoff Everybody get ready. We're going to just take two minutes, all right? END OF RESOLUTIONS 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 13-00538 City Commission 13-00537 Summary Form.pdf NO ACTION TAKEN END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM SELECTION COMMITTEE RECOMMENDS TOP FIVE (5) CANDIDATES TO CITY COMMISSION FOR THE RECRUITMENT OF CITY ATTORNEY. 13-00538 Cover Page.pdf DISCUSSED Chair Sarnoff All right, what we're going to do is -- spoken to Commissioner Suarez' office. We're just going to get presented on DI.1, the City Attorney's Selection Committee. They're going to present us -- City of Miami Page 137 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Francisco Garcia (Director, Planning & Zoning): Commissioner Sarnoff, I'm sorry to interrupt. There is one more PZ (Planning & Zoning) item that it -- promises to be very quick, PZ.3. Commissioner Spence -Jones: And PZ.10, did we do PZ.10? Mr. Garcia: And PZ -- Chair Sarnoff PZ.3, the City Commissioner of the district is not here. Commissioner Spence -Jones: No. But PZ.10 is yours. Did we do that? Mr. Garcia: And PZ.10, I understand -- Chair Sarnoff (UNINTELLIGIBLE). Mr. Garcia: -- you had postponed until after 7, correct? Chair Sarnoff I'm sorry? Mr. Garcia: And PZ.10, I understand an announcement -- Chair Sarnoff Right. Mr. Garcia: -- was made that it would be heard after 7. Chair Sarnoff Correct. Commissioner Spence -Jones: Okay. Chair Sarnoff So I just don't want to do PZ.3 with him not being here. Mr. Garcia: Understood. Chair Sarnoff And then the City Attorney Selection Committee, I will lose Richard Weiss in a half an hour. According to the chief of staff on behalf of Commissioner Suarez, it's okay with him to present the names to us. Commissioner Spence -Jones: Okay. And we're not going -- Vice Chair Gort: (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- to discuss it anymore; just -- Vice Chair Gort: -- take five. Chair Sarnoff And then we'll take five, I promise. Commissioner Spence -Jones: -- present it, right? Chair Sarnoff I promise we'll take -- Commissioner Spence -Jones: Presenting (UNINTELLIGIBLE). Chair Sarnoff -- five right after this. City of Miami Page 138 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Richard Weiss: Five minutes. I guess it's good afternoon. Good evening, Commissioners. My name is Richard Weiss for the record. I served -- I was honored to serve as chair of your City Attorney's Selection Committee. When we met -- last met, you authorized us to readvertise for the position using a little bit broader criteria. We, in fact, did get 72 applicants, and through the process, the committee narrowed those to 9. Staff did Florida Bar checks, credit card checks, internet searches, Google searches, FDLE (Florida Department of Law Enforcement) searches, and supplied all of that information to the committee on those nine applicants. In addition, we assigned two -- one or two applicants to each member of the committee to do in-depth interviews with their references, and then we all reported back to each other. On June 13 we met during -- it was a Saturday. We met and we interviewed all nine candidates, and we discussed and agreed upon five of them, as was -- you had instructed us to do. I'm going to read the list. It is not ranked. It is in alphabetical order because you asked us not to rank them. We're just giving you five candidates. The first one is Raul Aguila. He is the Chief Deputy City Attorney for Miami Beach; second one is Warren Bittner, who serves as your Deputy City Attorney; third is Lynn Dannheisser, who's in private practice, was formally City Attorney for other cities; Victoria Mendez, who's a Deputy City Attorney here; and Tyrone Williams, who's the senior legal advisor for the Miami -Dade County Department of Corrections and Rehabilitation. So those are the five names. We've given you each a book that looks like this; wanted to make sure that each of you had all of those internet searches, all of the information that we had, because that way, you can consider it. I did want to take one moment to thank your staff Amy Close, who did a wonderful job; came in on a Saturday and on a very short period of time. One personal note. I want to tell you that you do have a bunch of people retiring from your City Attorney's office, and it's going to be difficult for your new City Attorney to recruit people based upon the discrepancy in salaries that you have between what you pay and what other government agencies, like the County Attorney's Office, pay. So -- because I don't have a dog in the fight, I would encourage you to look at the budget of the City Attorney's office and see -- and provide them with enough resources so they can hire -- there are some very good lawyers there, but I think that some increase in salaries would be very helpful in recruiting andl think ultimately will save you money in terms of litigation and other things. So with that, we've -- Amy will formally submit our report to the City Clerk, and the committee has been discharged. We enjoyed working on it, and hopefully, we've given you a good slate of applicants, andl thank you for the opportunity to serve. Chair Sarnoff Thank you, Mr. Weiss. Commissioner Spence -Jones: Thank you. Vice Chair Gort: Thank you. Chair Sarnoff Does this just come back to us then in September? Commissioner Carollo: I think for a vote. Commissioner Spence -Jones: Yeah, andl think what we're supposed to do now is over -- Vice Chair Gort: Interview. Commissioner Spence -Jones: Yes, interview them during -- Commissioner Carollo: Interview them. And l just want to make sure and confirm, Mr. Weiss, you gave the names in no particular order, correct? Commissioner Spence -Jones: Right; alphabetical order. Mr. Weiss: Alphabetical order. City of Miami Page 139 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: Gotcha. Andl want to thank you for -- you and the rest of the committee members. Thank you for your work. Commissioner Spence -Jones: Thank you. Chair Sarnoff Thank you, Mr. Weiss. By the way, big steak dinner, but I think Weiss is going to be paying for it on behalf of the entire committee, and we thank Weiss for doing that. Commissioner Carollo: And Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: I guess then we're -- andl want to make sure we're all on the same page, where we should be prepared to vote for the City Attorney at the next Commission meeting. Chair Sarnoff First -- right, first meeting in September. Commissioner Carollo: Okay. Chair Sarnoff Correct. So use the time to, I guess, interview or however you wish to proceed individually. All right, I promised Commissioner Gort we'd take a five-minute recess. I would like to bring back the Grove Key Marina, if possible. Are you ready? Commissioner Carollo: We're working there. We've been working all this time, so we're -- Commissioner Spence -Jones: But there's also some other items there, too. Can we just get those out of the way really fast? Well, we could wait -- Chair Sarnoff I promised Commissioner Gort a five-minute break. Commissioner Spence -Jones: No problem. Chair Sarnoff I think he deserves it. Commissioner Carollo: Recess now. Chair Sarnoff So we'll come back and we'll figure out where we are. Commissioner Spence -Jones: Okay. Chair Sarnoff All right, five minutes. In recess. DI.2 DISCUSSION ITEM 13-00785 Department of Police DISCUSSION ON THE INDIVIDUALS ARRESTED FOR SHOOTINGS IN THE CITY OF MIAMI. 13-00785 Summary Form.pdf DI.3 13-00810 NO ACTION TAKEN DISCUSSION ITEM City of Miami Page 140 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Department of FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL Finance AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2012. 13-00810 Summary Form.pdf DISCUSSED Chair Sarnoff Okay. And now we're proceeding forward with the 9: 30 time certain audit. Daniell Alfonso (Acting City Manager): Correct; the discussion on the audit presentation. We have a representative from Ernst and Young, Mr. DiSanto, here who will talk about the audit. John DiSanto: Good morning, Mr. Chair, members of the Commission. For the record, my name is John DiSanto. I am an executive director with Ernst and Young, andl was the partner in charge of your audit this year. I'm going to provide a highlight of the audit results for the fiscal year ended September 30, 2012. We did issue an unqualified or a clean audit opinion on the financial statements of the City as of and for the year ended September 30, 2012. We also issued a report on compliance with laws and regulations pursuant to government auditing standards. In that report, we disclosed two material weaknesses in internal controls, which I will get to later and one significant deficiency. We also reported one instance of noncompliance with Florida statutes. We also issued a management letter on internal controls, and in that letter we did report three current year comments. There were four comments in the prior year. I'd like to start by just highlighting the auditor's responsibilities under generally accepted auditing standards, and that is to provide reasonable assurance that your financial statements are free of a material misstatement. With respect to internal controls, we are responsible to obtain and we did obtain an understanding of internal controls necessary to plan and perform our audit; not to issue a separate opinion on those internal controls. And as I mentioned previously, we did issue a clean or an unqualified opinion on your financial statements. The critical accounting policies used by management in preparing the financial statements are disclosed in Footnote 1 to those financial statements contained in your Comprehensive Annual Financial Report. With respect to fraud and illegal acts, the results of our procedures did not identf any fraud or illegal acts. As far as audit differences, we did have a total of 17 audit adjustments. Ten of those were recorded by management. Seven of those were determined by management to be immaterial to the financial statements and therefore were not included in the financial statements, and for those 7, we did concur with management's position that those were immaterial. I did want to highlight a couple of those adjustments that were very significant were in the areas of capital assets and construction in process, and we did address the Commission at a prior meeting on that, but the extent of those differences were $188 million adjustment from construction in process to capital asset categories with the resulting current period depreciation impact of $12.5 million. With respect to the material weaknesses and significant deficiencies in internal controls as a result of the issues -- Commissioner Carollo: I'm sorry. Mr. Chairman. Mr. DiSanto: Yeah. Commissioner Carollo: Excuse me, Mr. DiSanto. Mr. DiSanto: Yes, sir. Commissioner Carollo: I know that dealt with CIP (Capital Improvement Projects) and before you go to -- and continue, I want to -- I don't want to get off that subject. Mr. DiSanto: Yes, sir. Commissioner Carollo: In CIP, in your single audit report, page 19, you have recommendations City of Miami Page 141 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. DiSanto: Yes, sir. Commissioner Carollo: -- in that, and ifI may, I'm going to read it real quick. Mr. DiSanto: Yes, sir. Commissioner Carollo: We recommend improved communication between the Accounting Department and the other City departments with capital asset activities such as Police, Fire, Public Works, Grant, and Project Management, and CIP, et cetera. The Accounting Department should also evaluate when projects are closed rather than rely solely on the information obtained from the project managers, okay, and this relates to CIP. When you say, "the Accounting Department, " do you mean the Accounting Department of CIP, or the City's General Accounting or Finance Department? Mr. DiSanto: Yeah. I'm referring -- we're referring to actually the City's General Accounting or the Finance Department. I think if you look at some of your peers in the municipalities that have strong controls and processes around that area, the accounting for CIP rests outside of the CIP Department. It rests with Finance or Accounting. Commissioner Carollo: So would it be your recommendation that best practices is to have the Accounting Department or all the financing that currently is within CIP outside of that and into the City's general Finance Department or Accounting Department? Mr. DiSanto: Yes, sir. I believe you would find that that is best practice within the industry. Chair Sarnoff Would you repeat that? Commissioner Carollo: Okay. Currently, what's happening is that we have sort of Accounting or Finance Department within CIP. Chair Sarnoff Right. Commissioner Carollo: And they're the ones who calculate everything from the budget to when we close out a project and how much money is left, on and on and on. Obviously, we've had quite a bit of issues with that as stated in this audit. I have seen additional where some projects have not been closed, the money has been sitting there for years, and so, in essence, what I'm saying, what is the best practice? What is your recommendation? And he is saying that, in essence, we should actually remove all the accounting, all the financing from the CIP into the City's general Accounting or Finance Department and then what CIP should do is what they're known for; for construction, for construction management and so forth. So I want to make sure that that was his recommendation, andl want to see what best practices are. And it's, you know, it seems like it's a no-brainer, but I wanted it for the record. Chair Sarnoff Okay. Commissioner Carollo: Okay? Mr. DiSanto: Yes, sir. Commissioner Carollo: And Mr. Manager, that's something that, you know -- and again, I don't want to speak for any of my colleagues, but that's something that we really need to look into. I know I've spoken to you, spoken to you about it prior to the outright audit coming to be, because we knew where there was issues. I spoke to our Manager, also, Johnny Martinez with regards to City of Miami Page 142 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 this, and it's something that I think we need to move forward, you know, expeditiously because we definitely have an issue and we need to correct it. Thank you, Mr. DiSanto. Mr. DiSanto: My pleasure. Thank you, Commissioner. Chair Sarnoff Commissioner Gort is recognized. Vice Chair Gort: Mr. Chairman, what I'd like to know, I know you have certain recommendations that you're making. Mr. DiSanto: Yes, sir. Vice Chair Gort: I want to make sure you tell us what those recommendations are and what are the Administration's -- when would they implement the changes you're requesting. At the same thing [sic], when reading through the audit, I find out that we still have problem with reimbursement in some of the grant. Commissioner Carollo: Absolutely. Vice Chair Gort: And I think you're going to have some suggestion on that, too. Mr. DiSanto: Yes, sir. I'll be -- in the presentation, I'm going to cover what our recommendations are as far as what -- I can tell you what our recommendation is. As far as any progress or what staff is doing, I'll have to turn that over to staff. Vice Chair Gort: All right. Mr. DiSanto: It won't take me very long to get through the rest of the audit results. Again, we're at the point where I can go through them pretty quickly. I was just mentioning material weaknesses and significant deficiencies in internal controls. We reported two material weaknesses in internal controls. One of them were in the area of CIP and capital asset accounting due to the extent of audit differences that we had in that area. The other was in the financial statement closing and preparation process. We considered to -- we continue to experience significant issues in management's preparation of the Comprehensive Annual Financial Report and also based on the extent of audit adjustments that we identified. We did report a significant deficiency over investment activity and insight. During the period of time for which the City was operating without a treasurer, investment transactions were being conducted by one individual and those were not being approved or authorized by anybody besides that individual. And as you know, there's a significant amount of dollars running through the City's cash accounts, and we just felt that that was significant enough to report. We did not have any disagree -- Chair Sarnoff I don't mean to -- but on that issue, are you saying if we had a CFO (Chief Operating Officer), that would suffice to not have a finding, or is now the best practice to have two people review it so there's a check and a balance? Mr. DiSanto: Yeah. There should be one person authorized to execute the transaction. A separate individual should approve it. A separate individual approving it historically resulted with the treasurer function. Somebody other than the treasurer could do it, but that was not being done for a period of the fiscal year. Chair Sarnoff So I want to understand what you're saying. You're saying the City had a practice where one person would do it and then it would be checked -- Mr. DiSanto: Authorize and execute it. City of Miami Page 143 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff -- by the CFO as a second check. Mr. DiSanto: Yes, sir. The treasurer would. Chair Sarnoff Is that the best practice? Mr. DiSanto: The best practice is there should be segregation between the execution and the approval if you will the authorization. Chair Sarnoff And did the City's practice when we had a CFO comport with best practices? Mr. DiSanto: Yes, sir, it did. There was just a period of time that that did not occur due to vacancies. Chair Sarnoff Our problem is we didn't have the CFO. Mr. DiSanto: Sure. And in those situations, traditionally, there would be a backup, whether it's the controller, City Manager; somebody else should be approving those just to make sure that there are no unauthorized transactions being made. Chair Sarnoff We did not have anybody step up to do that? Mr. DiSanto: No, sir. That's why we reported it. Chair Sarnoff Okay. Mr. DiSanto: Again, we did not have any disagreements with management concerning accounting and financial reporting matters. As far as serious difficulties in performing the audit, there were difficulties that resulted in a delay in the audit. It was delayed for approximately three months or had taken three months longer than anybody anticipated. Those issues centered around the quality and quantity of personnel, lack of communication between the departments, and also in the area of your IT (Information Technology) systems, your systems do have a lot of capabilities, and those capabilities are just not being fully utilized by staff, andl believe that -- I know you are reorganizing that department, and certainly, you know, that would be our recommendation, to, as that department is being reorganized to certainly look at the capabilities your system has for providing financial data and making sure your system is being used to the fullest capabilities. Chair Sarnoff Meaning -- I apologize for interrupting. Mr. DiSanto: No, go ahead. Chair Sarnoff Meaning our systems, our software, our hardware is capable, but the people operating the system and the hardware may not be capable. Mr. DiSanto: I don't know if it's necessarily "capable." They may not know all -- Chair Sarnoff Right. Mr. DiSanto: -- of the capabilities of the system. Chair Sarnoff Right. Mr. DiSanto: But it could also be a quantity of staff where they just don't have the resources in City of Miami Page 144 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 order to go into the system and generate all the necessary data and reports. We were not aware of any consultations that management may have had with other accountants and with respect to independence, Ernst and Young is independent of the City in all material respects. One of the things Commissioners will always ask me and often ask me is, "Well how are the results of this year's audit as compared to previous year's audits?" In looking back over the prior three or four years, our firm has only been your external auditor for 2012 and 2011, but the extent of audit adjustments has been fairly consistent over that three-year period of time. Again, we had 17 this year; 16 in 2011. With respect to the significant deficiencies and material weaknesses and internal controls, about the same number and they're the same comments that have been made not only by our firm, but by your prior auditor firm. One area we did see improvement in was in the area of your federal and state grant compliance. In the past, there were qualified audit opinions on one or so programs on compliance. In the current year, the fiscal '12 audit, all of your opinions on compliance were clean or unqualified. Also, the number of findings from 2010 to 2012 has been reduced from 14 findings or instances of noncompliance identified in the 2010 audit to only 2 that we identified in the 2012 audit. And with respect to the management letter comments -- I know, Commissioner Gort, you had asked specifically about the management letter -- the number of comments has declined from five in 2010 to three in 2012. Those three in 2012 though had been repeat comments for the past few years. The three that we reported were in the area of budgetary practices, getting the necessary approvals, timeliness and things of that nature. Grant reimbursements was one of them. We find that, you know, management is not always submitting reimbursement requests for grants on a timely manner. In some cases, those were dragging out over six months. What I can tell you is during fiscal '12, we have seen the amounts that were due from federal and state agencies has been reduced significantly, so progress is being made in that area, but it's still not being as timely as it could be for purposes of your cash flow projections and things of that nature. And the last comment we had was in the area of information systems general controls, and we did note there, specifically in the area of program change controls, again, Oracle does provide what I'll call "canned" monitoring type reports, and those reports actually allow for somebody in IT -- usually somebody that has supervisory level that has the appropriate authority to go into the system and produce a report as to who accessed your system and what they did. Those reports are not being generated, or utilized or reviewed to ensure that people going into your system are only doing what they're authorized to do. And those were the comments that we reported during the fiscal year. As far as management's plans, those were included in the responses to the management letter as to have they made progress since then. Again, that's probably a better question for staff at this point. That essentially concludes my presentation. I'll just ask if there are any other questions of the Commissioners. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I think it's more towards staff so I am going to have additional questions, but it's more geared towards staff but Mr. DiSanto, if you could please stay there -- Mr. DiSanto: Yes, sir. Commissioner Carollo: -- in case there's any additional questions or any follow-up that you would want to comment. Mr. DiSanto: Yes, sir. Commissioner Carollo: Mr. Manager -- Commissioner Spence -Jones: Can I just go ahead and ask? City of Miami Page 145 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. DiSanto: Sure. Commissioner Spence -Jones: Since you got to go to the staff next. Just a couple of things I wanted to -- you know, that noticed, andl think my staff has spoken to you about. You know, I see the CRA (Community Redevelopment Agency) agencies, the DDA (Downtown Development Authority). One of the things I noticed in the Table of Organization, we did not include Virginia Key Beach, and we did not include Liberty City Trust, which both of those organizations are responsible for auditing -- providing audited statements, so I understand that we are -- I don't know. I just want to be clear how we're going to address that, because I think that they should have definitely been included in the overall table. And then the other question I have -- most of it you've already answered -- regarding the material weaknesses, what changes have happened or made, or do you see a visible difference from the last time to now? I think you kind of addressed that, but I know that one of the weaknesses we had is that that particular department, Finance, especially had many vacancies. I wanted to just know, just based upon your work and your team's work with them, have you seen it improve? Do you have any recommendations on -- you know, I know that we went back and forth as to whether or not we wanted to hire outside consultants. Do you feel that that was a weakness for us not doing it, and do you have any suggestions moving forward if we are understaffed what we need to do as we go into a new budget season what you feel we need to do to make sure that we don't have this issue as well? Mr. DiSanto: Commissioner, as far as addressing your first comment, I can tell you that both of those trusts are included in the financial statements; they were only left off of that table. That table is in a section of your financial report that, as auditors, we do not review, so they should have been included in that table. Commissioner Spence -Jones: Okay. Mr. DiSanto: But again, they were not. Commissioner Spence -Jones: Okay. Mr. DiSanto: But I can tell you the financial data for those trusts are included in your financial report, and there is discussion back in the first footnote to the financial statements regarding that. Commissioner Spence -Jones: So it's really more of an administration thing to make sure that the next time -- and we don't have to have a long discussion, but it's -- you know, it's just really important if you're submitting a document like this, you have two organizations that clearly -- I'm just telling you Virginia Key Beach and Liberty City Trust so, you know, that -- they were not -- they should -- even though you might have included them in your number, anybody reading this, it should be obvious. I don't want to beat a dead horse, but I just want to make sure that we correct that from now on. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: And Commissioner Spence -Jones, that's actually representation from management. Management gives them that Table of Organization. And this is not the first time that that issue has been addressed. Commissioner Spence -Jones: Yeah. Commissioner Carollo: In the previous audit, I don't know if it was last year -- actually, I think it was the year before -- I addressed that issue, because of other agencies that were not listed City of Miami Page 146 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 there, and actually, even departments that were not correct, so this is something that has occurred in the past and it's actually the representation of management. So it's not necessarily our auditors. We need to -- Commissioner Spence -Jones: Yeah. That's what I just said to him. Commissioner Carollo: Yeah. Commissioner Spence -Jones: I saidl know it's -- as he explained it andl -- then my question went over to -- andl assumed that's why -- I just don't want to beat a dead horse on it, Danny, so you --I mean, you could go 'head and talk about it, but I'm assuming that the correction will be made. Mr. Alfonso: Yes, Commissioner, we provided an incorrect table. We have already corrected the table, and in the online version, we're going to make the corrections. Commissioner Spence -Jones: No problem. And then the last thing -- Mr. DiSanto: And with respect to your second question, Commissioner, on the Finance Department, you know, I do believe you have to look at both -- it's not just a quantity of staff, but it's a quality of staff, andl think it really has to start with what are the best practices, the best processes that that department should have. Once those processes are determined, I think you need to develop, you know, job descriptions to support those processes, and then you need to look at filling those jobs based on the experience level of both existing staff and perhaps outside, and I think what you might findfrom that analysis is it's very possible that some folks in the Finance Department maybe don't meet any of those criteria. You might also find that there are some working in a current position whose skill set and expertise is better served in another roll in finance. I can tell you with the recent additions made with respect to like the Finance director, I think that was a good hire, andl think that's certainly something that will help. I think Mr. Fernandez brings a wealth of expertise. Miami -Dade County, as you're probably aware, their financial report that they prepare and present to their auditors is really of a high quality, andl think that's the direction the City is moving towards, andl think that that hire will be a help, butl do think it's probably a combination, in my opinion, of both quantity -- in other words, filling some of those vacancies -- but also maybe looking at the quality or the experience and expertise level of some of the existing folks in that department. Commissioner Spence -Jones: Thank you. Mr. DiSanto: You're welcome. Chair Sarnoff Commissioner Carollo is recognized again. Commissioner Carollo: Thank you. Mr. Alfonso, there's two areas that we see every year, I mean since I've been here, is a constant finding. I want to address them. One is the closing process at the end of the year and the other is the accruals. How can this year -- and we haven't even closed out the current year, so I already want to start addressing that, so once we are in early September, late September when we close out, we actually get it right this time. So what is being implemented, what are your thoughts, what is the process that you're going to implement along with Mr. Fernandez? Mr. Alfonso: Commissioners, we understand that we need to get our books closed earlier. We have already had some conversations with Ernst and Young. As a matter of fact, next week Wednesday we have a meeting scheduled to start the process for the '12/13 CAFR (Comprehensive Annual Financial Report) preparation and closing so that we'll start earlier; we'll finish earlier. City of Miami Page 147 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: Have Ernst and Young already provided their PBC (Provided by Client) letter or a list? No? Mr. DiSanto: We have not yet. We're just about wrapping up our planning, and the result of that will be the presentation, if you will, or giving the City that particular document, but we are going to even look at like CIP at an interim date, through an interim six- to nine -month period, which hopefully should shorten the period of time at year-end Commissioner Carollo: Okay, 'cause I've had long discussions with our CFO and our Finance director with regards to starting the process much earlier, but it's both sides. We need to have what -- you know, the documents ahead of time so we know what you're going to be testing or what area do you need. And at the same time, I don't see why you can't start interim testing in August so we could get the process going and we do not have what happened the last year or two years. Mr. DiSanto: Correct. As I've mentioned, we've already started our planning, which we primarily do in our office. We are scheduled by the second week in August to be starting interim procedures. Commissioner Carollo: Mr. Manager, I also respectfully request that once Ernst and Young starts doing interim work, that you come back to this Commission -- or actually, sometime in September, maybe the first Commission meeting in September, that you come back and address this Commission with regards to "Yes, the testing has begun, the interim testing has begun, and we have begun the audit for the current year." Okay? Andl hate to micromanage it, but this City needs to move forward. It needs to move forward the right way, because I am sick and tired of seeing how, you know, we're always in the bad light in the media with regards to our finances. So I expect that for the current year's audit, we will be on time. Thank you. Chair Sarnoff All right. Anyone else? Commissioner Gort. Vice Chair Gort: Well, I think Commissioner Suarez -- Commissioner Carollo: Yes. Vice Chair Gort: What I'd like, if possible, the -- give us a report, their recommendation, what are you doing to implement it, how long is it going to take, and if you can give us a report, a monthly report, how -- with changes and with movements we make, I appreciate it. Mr. Alfonso: Will do, Commissioner. One of the things that Jose, the Finance director, myself and the Assistant City Managers are planning is to get together now and the next month and come back to the Commission in September when we do the changes, memorandum to the proposed budget and craft a -- present to you our proposal for how we're going to change some of the processes that we have, and maybe there will be some resources needed and allocate to it so that we resolve some of these issues in terms of the accounting processes. Vice Chair Gort: Thank you. Chair Sarnoff Thank you. Any other questions? All right. Thank you all very much. Mr. DiSanto: Thank you, sir. We appreciate your time this morning. Chair Sarnoff Thank you for coming, andl appreciate the presentation you made with me. Mr. DiSanto: Thank you. City of Miami Page 148 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 DI.4 DISCUSSION ITEM 13-00814 District2- DISCUSSION REGARDING THE CITY'S WEBSITE. Commissioner Marc David Sarnoff 13-00814 Email - City's Website.pdf NO ACTION TAKEN DI.5 DISCUSSION ITEM 13-00819 District2- DISCUSSION REGARDING MORTGAGE LENDING LITIGATION. Commissioner Marc David Sarnoff 13-00819 Email - Mortgage Lending Litigation.pdf DI.6 13-00500 Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones DISCUSSION ITEM District2- DISCUSSION REGARDING THE DEPARTMENT OF INFORMATION Commissioner Marc TECHNOLOGY. David Sarnoff 13-00500 Email - Department of Information Technology.pdf NO ACTION TAKEN DI.7 DISCUSSION ITEM 13-00643 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 2ND QUARTER ENDING MARCH 31, 2013. 13-00643 Summary Form.pdf 13-00643 Memo - Non -Reimbursable Expenses.pdf NO ACTION TAKEN DI.8 13-00798 City Manager's Office DISCUSSION ITEM ITEM TO BE WITHDRAWN BY THE ADMINISTRATION DISCUSSION REGARDING POTENTIAL AMENDMENTS TO THE CITY OF MIAMI CHARTER. 13-00798 Summary Form.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. City of Miami Page 149 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff Do you want to start your -- Can you at least do the swearing in and your (UNINTELLIGIBLE)? Commissioner Spence -Jones: Yes. Todd B. Hannon (City Clerk): Madam City Attorney will read a statement into the record and then I'll administer the oath, yes, sir. Chair Sarnoff Go ahead. Proceed, Mr. Clerk. Mr. Hannon: Madam City Attorney. Julie O. Bru (City Attorney): We're going to open up the Planning & Zoning meeting. Anyone who wishes to provide testimony will be -- please stand up or raise your hand and the City Clerk will swear you in. The order of business will be that the City will make a presentation, then the applicant, and there will be a chance to cross-examine. Thank you. Mr. Hannon: Anyone wishing to speak on today's Planning & Zoning items, can I please have you stand? Commissioner Spence -Jones: Planning & Zoning, stand. Ralph Desmangles, official Creole Interpreter, and Deborah Spector, official Spanish Interpreter, translated the City Clerk's comments. Mr. Hannon: IfI could please have you raise your right hand. The Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: And just a second; we're going to read this in Spanish and Creole. Deborah Spector, official Spanish Interpreter, and Ralph Desmangles, official Creole Interpreter, translated the City Clerk's comments. Mr. Hannon: Thank you. Ms. Bru: Mr. Clerk, let me just put something else on the record. 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, and also, the members of the City Commission shall disclose any ex parte communications. Chair Sarnoff I think we have -- we're going to start with PZ.9. Commissioner Spence -Jones: Actually, (UNINTELLIGIBLE) -- because you got a 4: 30 -- I mean Unidentified Speaker: (UNINTELLIGIBLE) do PZ.5 first. City ofMiami Page 150 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: PZ.5. Chair Sarnoff PZ.5. Commissioner Spence -Jones: You have a 4: 30 time certain. Chair Sarnoff I do, you're right. I apologize, and it is 4: 30. Thank you. Francisco Garcia (Director, Planning & Zoning): Can --? Mr. Chair. Chairman Sarnoff. Chair Sarnoff Yes. Mr. Garcia: If may? Commissioner Spence -Jones: Yes. Chair Sarnoff Go ahead, Francisco Mr. Garcia: Francisco Garcia, Planning & Zoning director. I would like to perhaps first dispense with one item, which is the continuance ofPZ.4. I have spoken with the district Commissioner, and he is aware of this, and he endorses the continuance, as well as the applicant, who is present here. So in order to move things along if you would like to entertain the continuance of PZ.4 to September 26. This is a proposal for a street closure between Northwest 36th Court and Northwest 37th Avenue and between Northwest 4th and 5th Streets. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Gort. Second by Commissioner Spence -Jones. All in favor, please say "aye." The Commission (Collectively): Aye. PZ.1 ORDINANCE First Reading 11-01196ap1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT; 3825, 3852 AND 3900 NORTH MIAMI AVENUE; 20, 21, 28, NORTHWEST 39TH STREET; 30 AND 50 NORTHEAST 39TH STREET AND 4100 AND 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 86,263 SQUARE FEET (1.98 ACRES) OF LOT AREA SPLIT AMONG 12 ADDITIONAL PARCELS FORA TOTAL COMBINED LOT AREA OF 917,495 SQUARE FEET: (21.06 ACRES) SPLIT AMONG SIXTY-THREE (63) PARCELS; B) INCREASING THE COMMERCIAL SPACE BY APPROXIMATELY 422,971 SQUARE FEET FOR A TOTAL OF 1,374,689 SQUARE FEET; C) INCREASING THE RESIDENTIAL UNITS BY City of Miami Page 151 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 APPROXIMATELY 489 UNITS FORA TOTAL OF 561 UNITS; D) DECREASING THE HOTEL KEYS BY ONE (1) FORA TOTAL OF 52 KEYS; E) INCREASING THE PARKING SPACES BY APPROXIMATELY 1,181 SPACES ABOVE GROUND AND BELOW GRADE FOR A TOTAL OF 3,752 SPACES; F) INCREASING THE OPEN SPACE BY APPROXIMATELY 1,764 SQUARE FEET FORA TOTAL OF 41,566 SQUARE FEET; FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE SELECTED PROPERTIES LOCATED AT APPROXIMATELY 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET, MIAMI, FLORIDA, WITHIN THE PREVIOUSLY -APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SAP" FROM "T6-12-0" URBAN CORE ZONE TO "T6-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196ap1 Analysis, Maps, Sch. Brd. Concurrency.pdf 11-01196ap1 Exhibit A- Developer Parties.pdf 11-01196ap1 Exhibit C - Regulating Plan.pdf 11-01196ap1 Exhibit D - Concept Book.pdf 11-01196ap1 Exhibit E - Companion Programming Spreadsheet.pdf 11-01196ap1 Binder Info. Tabs 1-13.pdf 11-01196ap1 Binder Info. Tabs 14-19.pdf LOCATION: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on July 17, 2013. *See supporting documentation. PURPOSE: This will allow 12 additional parcels for a total development of approximately 21.06 acres for the "Miami Design District Retail Street SAP". Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right. Can we do PZ.1, 2, or 3? We can't do 3. City of Miami Page 152 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: We can do PZ.1 and 2. Chair Sarnoff We can. So why don't we call up PZ.1. Commissioner Spence -Jones: So we'll clear a lot of people out, too. PZ.1. Francisco Garcia (Director, Planning & Zoning): Items PZ.1 and PZ.2 are companion items. These are the Special Area Plan and the development agreement for an expansion of the Design District Special Area Plan. This is perhaps a lengthier presentation by the applicant. I'll simply say that this item is recommended for approval by the Planning & Zoning Department in exactly the same terms as the Planning, Zoning and Appeals Board recommended its approval, andl will be, perhaps at the end of the presentation, more specific in terms of what is actually deleted from this application. For those who are here concerned about this item, I will clam that two -- rather three components have been removed from the application before the Commission today. We are recommending to delete the -- change the formerly proposed change in zoning from T-6-12-0 to T-6-24-0 in some parcels that are presently in the Design District, so not a part of the expansion, but they were already in the Design District. We are also removing --or recommending the removal of the condition for the regular setback along T-4-O to be decreased. It should remain at 20 feet, which is what it is presently. And there is also a condition that was recommended by the PZAB and we agree with it andl know that the applicants are also assenting to, which is that the developer will meet on a quarterly basis with the abutting registered neighborhood associations to continue working together towards the fulfillment of this plan. I am happy to answer any questions. I'll yield to the applicants. Neisen Kasdin: Mr. Chair, members of the -- Chair Sarnoff You're recognized for the record, Mr. Kasdin. Mr. Kasdin: -- Commission, Neisen Kasdin, Akerman Senterfitt, 1 Southeast 3rdAvenue, with Javier Fernandez, as well as Elizabeth Plater-Zyberk, who is the master planner for this project; Christina Miller; David Holzman, representing the development entity, Dacra and its affiliates; and our traffic engineer is here as well, John McWilliams. Mr. Chair, in deference to the Commission's busy schedule today, I can go through the full presentation or I can give you just the highlights of what the proposed changes are to the already -adopted Special Area Plan for the Design District, so your preference. Chair Sarnoff How long is your PowerPoint; how many pages? Mr. Kasdin: It's probably about 10 minutes. I could probably get through it in 10 minutes. Commissioner Spence -Jones: But I thought we were only -- you were only bringing -- I thought you were only going to be giving us the updates today. Mr. Kasdin: Yes, I will. I can go through this pretty quickly, and if you want me to speed it up, I can do that as well. Commissioner Spence -Jones: Oh, no, I want you to take your time and do it. Mr. Kasdin: Okay. Commissioner Spence -Jones: But I thought, you know, we were only going to be dealing with the main issues. That's fine. Andl know that we have the neighborhood associations here, andl want to -- I'm eager to hear what -- where they are on this matter, as well. Go ahead. City of Miami Page 153 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Kasdin: I'll focus on that. The -- Of course, I think you're all well aware of where the Design District is located, so I will -- and the neighborhoods that surround the Design District. The changes to the Special Area Plan are relatively modest. A year ago, this Commission approved the Special Area Plan for the Miami Design District, the second Special Area Plan in the City, encompassing approximately 19 acres in the Design District. This amendment to the SAP (Special Area Plan) principally adds a few additional properties to the SAP that were either acquired by the applicant or were able to be joined due to the acquisition of property by the applicant, and so what you see, those properties in yellow are the ones that are being added. To refresh your recollection about the project, what was approved last summer was over a million feet of retail and related uses for a major retail luxury shopping district in Miami, and you see the central organizing feature is that almost four blocks long open, public promenade and plaza which stretches from almost 38th Street all the way to almost 42nd Street. In this project, both new construction, mostly of a small scale, and rehabilitation of existing structures has taken place. I think you are well aware of the progress that has already been made in the Design District as Miami Design District Associates has brought top name luxury retail brands to the City of Miami for the first time, as well as already great architecture, such as this building by Keenan Riley with its rooftop garden on top of the Hermes Store, which is already an important public meeting space and gathering space in the Design District. This is -- these stores are not even the permanent stores that will ultimately be built as the project continues to be built out. The project is well underway and in construction. As you can see here, we're looking at what is called the Palm Court, which is the hole in the ground, and the Buena Vista Building, which constitutes the first phase of the Design District project, and this is looking to the south towards Midtown. Another perspective of the work underway showing the underground parking and the progress that is being made in the Palm Court area between 38th and 39th Street, as well as another perspective of the Buena Vista Building looking to the east, and this is the most recent photograph as you can already see the supporting columns for the structures above ground are already -- have been poured and are in place; another construction photo. So development is well underway. A huge investment is taking place in the Design District and is, needless to say, providing a significant amount of jobs and is having a very positive impact on investment in the immediate area and even areas beyond. I'll skip through what a Special Area Plan does. I think you are familiar with that, but basically, an area of nine or more acres that is contiguous, allows for the creation of a master plan which provides for public and civic space, as well as a development agreement which provides protection for the developer and benefits for the City and the public in terms of a long-term commitment to benefits. I'll skip through very briefly the economic benefits of the already -approved Special Area Plan, but the investment, just to highlight it, exceeds $300 million. It's actually well over that. There will be the creation of over 1,200 full-time equivalent employee new jobs; over 3.2 million in annual tax revenue to the City based in 2012 dollars; over 2,300 person years of construction employment during the jobs -- during the project, and so it is already having a tremendous economic impact and benefit to the City, as you can see the work is well underway. I won't go through the already -approved Special Area Plan. You've approved that, you've seen it, but what I will -- and what I will go to at this point is -- let me skip through a few of these slides here. You can see some of the renderings of the completed phases of the project. The proposed Special Area Plan amendments really fall into the following categories: One, the total acreage, as I mentioned to you at the outset, is increased by 1.9 acres to slightly over 21 acres. There's some modification of the language in various sections to accommodate design requirements of this project, which include the creation of arcades and allowing cantilevers which would otherwise not be allowed; otherwise, you'd have the columns go to the floor. The requirement now will be that each individual building of greater than 50,000 square feet will have to meet the LEED (Leadership in Energy and Environmental Design) Silver standard; that is the base Miami 21 language. And there are a series of small design modifications -- that's point number 4 -- with regard to the midblock passages, the tracking and allocation of open space, civic space that are incorporated in the amendments that are before you. Liz Plater-Zyberk can address the design issues. We can address any of the specific amendments, as well, and these show the various articles in which the amendments are contained; be happy to go through those with you, if you would like. The next picture shows the City of Miami Page 154 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 approved master plan and the proposed master plan, which basically shows the addition of the properties along Miami Avenue, for the most part, on the east and west side, as well as the addition of programming component for residential and retail for the properties east of the railroad tracks. And the next chart shows you the table of various uses and components of the existing plan, the modification to the existing plan, the additional development capability, and then the overall development capacity for the entire 21-acre district, which is roughly 1.3 million square feet. I would point out that at 1.3 million square feet, the development that is approved is many multiples less than is allowed under the base Miami 21 zoning, so this is a tremendous restriction on the amount of development that can occur on these properties, and if it modified by more than a 10 percent margin above that, it would have to come back through the entire process of having SAP modified and approved by the City Commission. The next diagram shows in orange the properties that were already included within the previously approved Special Area Plan, and the properties in green are the ones that are being added to the Special Area Plan. This chart shows you all of the properties by address and by name, and what is significant to note is that those shaded in purple, light purple are rehabilitations of existing buildings. So this project not only consists of a number of new infill structures of the same scale of the neighborhood in general but a significant amount of preservation and renovation of existing structures. And if you look at the green part of the chart which shows the new properties, the vast majority -- I think all but two -- are adaptive reuse of existing structures, which is pretty extraordinary in terms of the development in this scale, in this City, or probably anywhere else in this country. Just so everyone is aware, there is abundant parking to serve retail, and this diagram shows in yellow the existing parking. The blue is the existing City ofMiami or Miami Off -Street Parking parking; in gray, the gray lots who underground parking and the areas outlined in red show above -ground garages, as well, that will be built. So some 2,500 or more parking spaces will be created for the Design District. I mentioned before that adaptive reuse of existing structures is part of the program, a major part of this program, and you can already see some of the buildings that have been redone. This is on the corner of 42nd Street and Northeast 2nd Avenue. It now houses a lot of the design businesses, and of course, south of that is the Moore Building, which the -- is historically designated, and it has been renovated and restored by the -- by Craig and his partners. These are other renderings of some of the adaptive reuse projects that are underway; for instance, the Buena Vista Building at the corner of Northeast 2nd Avenue and 39th Street. Of course, finally, this project is -- evidences a tremendous commitment to a quality community. You see this very expensive tree that has been lifted in. There are rooftop gardens, there are street -level gardens; there are the main promenade, retail promenade, as well as the villas that go off of that to connect the existing buildings and new buildings. It's a magnificent project. It has been lauded around the world as a paradigm -shifting project in terms of urban luxury retail at the street level as opposed to in some isolated mall, and the City is to be commended for approving this project, letting it get underway. The construction has started, and we ask for your approval of this item, as well as the companion development agreement, so the expansion phase and the progress of this great project will continue. As Mr. Garcia mentioned, but I would repeat for the record, there are the changes that we have agreed to with respect to the item that -- before you includes we have withdrawn the request for rezoning the property known as the Tuttle Street property, which is on Biscayne Boulevard, from T-6-12 to T-6-24, and so that is not up for you for consideration at this time. We in addition have agreed, at the request of the PZAB, to quarterly meetings with all of the neighborhood groups or the neighborhood associations that are adjacent to or abut the Design District SAP, and with respect to the setbacks on the T-4-O, located north of 41 st Street, which is that portion which fronts Buena Vista East historic neighborhood, we have agreed that those setbacks would not be reduced but would remain the same setbacks at T-4 as provided under Miami 21. All of our people are here to answer any questions that you may have, and we would request the right to -- for a few minutes to rebut any -- or respond to any comments from the public. Thank you. Chair Sarnoff Thank you. All right, let me open a public hearing on PZ. 1 and it can also be fore PZ.2. Anyone wishing to be heard on PZ.1 or PZ. 2, please step up. City ofMiami Page 155 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Wendy Stephan: Good evening. My name is Wendy Stephan. I live at 101 Northeast 43rd Street. I'm here representing the Buena Vista East Historic Neighborhood Association and our board. We're here this evening to support the amended application. Our main concerns were set forth very clearly in the Planning & Zoning Board's recommendation, so really, the issue was primarily the setback on Northeast 41 st Street, and then of course the upzoning that we had serious concerns about in terms of being out of scale, and then finally, the continued opportunities to meet both for ourselves and all of the associations in the area so that as things emerge, which they will during the construction and the development process, that we get our questions answered and that they get feedback so that the project can be as good as we think it can be, which, you know, is pretty impressive and exciting for all of us, so we really appreciate the time that Dacra has taken to work with us, and they've taken our considerations very seriously and I'm happy to be able to say that because, you know, it's not always the norm, so thank you so much. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.1 or PZ. 2? You're recognized for the record. Frantz Eloi: Frantz Eloi, 68 Northwest 39th Street. I've resided in Buena Vista Height for 45 years, and prior to that, I lived in Port-au-Prince, Haiti. I just want to, for the record -- I don't know if you have Exhibit A in front of you, which shows the numbers of the properties. Commissioner? Commissioner Spence -Jones: I think he can -- Mr. Kasdin: I can -- I'll bring it back. This one; I think this one that I put on the PowerPoint might help you. Commissioner Spence -Jones: Is this the one you're talking about here? Mr. Eloi: Yes. I don't think you can see the numbers; the one with the numbers so we know exactly what we're talking about here, please. Commissioner Spence -Jones: Do you know the numbers? Is it 61 and 60? Mr. Eloi: Yes. You got 'em? All right. The property in question here is 57, 58, 59, 60, and 61. Before I go any further, I want to read a portion of the SAP. The SAP says you will facilitate the redevelopment and benefit the area by creating residential units, hotel room, commercial uses, as well as civic and open spaces for the enjoyment of the general public. Now, notice the word "development." From 30 -- from North Miami Avenue to Northwest 2ndAvenue that this is -- that's where -- our area covers from North Miami Avenue to Northwest 2ndAvenue, 38th Street to 54th Street. If the Commission intended for Dacra to cross over North Miami Avenue and come over our side, I'm sure the Commission would have added that in crossing over to Miami Avenue, there are certain things that you need to do. Give me one second. I'm trying to put everything together here. All right, with or without you, the way things are right now, they can actually build two 12-story building on 59, on 60 and 57, and if they want eight additional, all they have to do is pay the City and they'll have 20 and 20 smack in the middle of Buena Vista Height. Currently, we're experiencing a lot of traffic issues just the way things are right now. So what we're asking Dacra is that, first of all, tell us exactly what it is that you're doing; second, is there any way that you can lower from 20, 12, and maybe to 6. Six is what we're asking for because currently, if you put anything higher than twelve in that particular corner, already on 39th Street, when you get a green light and a person is making a left turn to the 1-95, you also have a person on 39th that's making a right, fighting for one lane to get inside the highway, so imagine you put a 12-story building there -- and the parking, we don't even know where the parking is going to be because they're not telling us where the parking is going to be. If the people have to park on our side or if the people have to park on their side, that, we don't know, City of Miami Page 156 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 but right now, I understand they're building parking on the other side, on the east side, so that means that the people have -- will be living on our end and having to walk over on the other side. Now, already, within that perimeter, they're having a major traffic problem. Imagine what's going to happen when they do add whatever it is they're going to add. So what we're asking for and simple is that whatever they're going to -- we're not saying come in -- do not come in -- because Dacra have done tremendous -- nice work, but what we're saying is that if you are going to come in, lower it to maybe 6 to 12. Chair Sarnoff Thank you. Anyone else wishing to be heard, please step up. Ulysee Kemp: Good evening, Commissioners. My name is Ulysee Kemp, 76 Northwest 39th Street. And as far as the height limitations on the properties that Mr. Frantz just mentioned, those are very high concerns of the neighborhood. At this point, Dacra is not really telling us exactly what they're going to do with those properties. They're not informing us. Basically, on the first meeting we had, not myself, but the president himself, I think named Craig basically said "What concern of yours is what we do with our property?" Andl didn't think that was the way to start a meeting with the neighborhood association, but that's whatl was informed of. Basically, what we're saying is that every -- in Miami 21, it also states that height distribution does not result in development that is out of scale or character with the surrounding area and provide appropriate transitions. Basically, we have single-family homes, one story in that neighborhood, and what's there now on that envelope that we're discussing is a two-story building, which is business on the first level andl think they have two lofts on the second floor. Basically, if they maintain that envelope, that's fine, but at no point that we're willing to accept six stories or more. And as far as the beautification of the neighborhood, whatever they're doing on their end -- I mean, we appreciate the fact that they're doing stuff to improve the area. That's not something that we're fighting against, but we're just trying to maintain some type of guarantee of whatever height they're going to put on that property in the future. And as far as the beautification, whatever -- since we are the gateway to the Design District, we're asking that they replicate what they're doing on their side on our side as well, and the lighting, the trees, streets, we can welcome those improvements on our side, as well. The neighborhood needs to benefit from the area that they're -- that's growing and make it a very amicable area for everyone involved. And as far as security, right now they have 24-hour security in that area. I'm not certain if the crime changes is conducive to the types of businesses they're putting there. I know they have -- on the Miami Avenue and 39th, they have a pizza place that was robbed at gunpoint, so they actually put their own little security there, but they had security in that entire area, but it stops at Miami Avenue. We're just asking them to go ahead and extend the security on our neighborhood, as well. Chair Sarnoff And in conclusion? Mr. Kemp: Conclusion, I appreciate what they're doing. We're asking some type of guarantee on the limit of that property height and would appreciate your consideration in making that happen. Chair Sarnoff Thank you. Mr. Kemp: Thank you. Chair Sarnoff Yes, ma'am. Christine Andre: Hello. My name is Christine Andre, andl live at 4185 Northwest 1 stAvenue. My concern is with the SAP, they're saying that they want beautification. That's one of the criteria the neighborhoods would like and plus security, because if you're putting these new businesses on our side and the people who are coming to the business have to park four blocks east to the parking, they have to walk, and their security is not coming over on our side. We're City of Miami Page 157 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 recommending that they extend their security to --from North Miami Avenue to at least 2nd Avenue and from 38th Street to 42nd Street so that they can feel safe, the customers feel safe to go and patron [sic] these businesses and not feel that they're going to get robbed. That's number one. Number two, they showed us these beautiful trees. We would like those beautiful trees on our side, too. When the visitors are here, they can have at least some trees to look at; not to stop at the businesses; extend the trees all the way to 2nd Avenue so it can look more uned from the Design District to our side. Thank you very much. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.1, PZ.1 or PZ. 2? The public hearing is now closed, coming back to the Commission. Mr. Kasdin: Would you like me to briefly respond, Mr. Chair? Vice Chair Gort: Yeah. Commissioner Spence -Jones: Sure. Mr. Kasdin: Okay. A couple of points that are relevant with regard to the comments that were made, and we certainly want to work with the Buena Vista Heights Association. The success and safety of that neighborhood is important to us, as they have acknowledged all of the good things that the Design District and Craig Robins have brought to that neighborhood. A few important points: We are not seeking any change in zoning, whatsoever, for the properties on North Miami Avenue. Those properties remain with the same zoning as they have had since the adoption of Miami 21, which is the properties fronting Miami Avenue have T-6-12. Importantly, I would note that the properties behind the properties fronting Miami Avenue that are owned, which are Lots 61 and -- can't even read the numbers. Commissioner Spence -Jones: 61, 59 and 58. Mr.Kasdin: Yes. Those are zoned T-4, and so there is a height limit of three stories, so it is impos -- there is a buffer and that buffer actually goes all the way up to about 42nd or 43rd Street, and so they cannot have high-rise encroachment there because of the existing zoning. We're not seeking to change the existing zoning. Number two, the SAP approves the development program over the 21 acres of approximately 1.3 million square feet. That is many millions of square feet less than the underlying zoning allows. Now, they are allowed to shift development within the SAP from one site to another; however, if they were to shift development rights from the core of the Design District where the main retail is to Miami Avenue, they would lose those rights at the most valuable property that they have, so that the way this is structured, the way this is designed, the incentives are to keep the development -- the greatly reduced development rights over what is currently allowed under the underlying zoning is to keep those development rights in the core of the Design District and not move it to the perimeter, and if we wanted to increase that overall development package of rights of approximately 1.3 million by more than 10 percent, we'd have to come back to you and amend the SAP and amend the development agreement. So this neighborhood has tremendous protection, better protection than if the SAP was not adopted from fears of overdevelopment. It's better than the underlying zoning. Final point that I'd like to make, as well -- final two points: One of -- you know, the neighbors have mentioned that they would like to see the street improvements, the trees, the lighting, et cetera, extended across Miami Avenue. Well, that is actually the intention of Craig and his partners. One of the things that we're allowed to do by virtue of the Special Area Plan is a -- there is a design plan for nonstandard improvements -- trees, lighting, landscaping, signage -- which if the SAP is not adopted, we cannot put in place and you have to have the same standard City improvements, and so what we are doing is actually creating the opportunity to extend these specially designed beautiful street improvements across Miami Avenue into the west side ofMiami Avenue and the Buena Vista Heights neighborhood. Final point I would make is I don't think anyone in this community has a better record as being a good steward of property and a quality developer than City ofMiami Page 158 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Craig Robins. Those properties that you see on Miami Avenue, Mr. Robins bought almost 20 years ago when nobody was investing in the Design District, when it was deserted, and he virtually single-handedly created the Design District as the great neighborhood it is today and enabled this project now to take it to its next step. He's owned those properties for almost 20 years. He is a part of that neighborhood for almost 20 years, and what has he done in those 20 years? He restored the buildings, he brought in new businesses, he made them something that were an asset and a benefit to the neighborhood. So if anyone has the credibility to be a developer and a good neighbor, it's Mr. Robins, based on his track record alone in the Design District and frankly everywhere else he's done projects, such as in Miami Beach and Aqua, South Beach, but this is his -- certainly is his crowning achievement and is a great tribute to Mr. Robins and also a great tribute to the City ofMiami that this is occurring here today, so we thank you and ask your approval. Chair Sarnoff Thank you. All right, Commissioner Spence -Jones. Commissioner Spence -Jones: Mr. Chairman, I just -- first of all, I want to say that I'm glad that at least we've made some headway on the project itself. I mean, we started from the very beginning on, you know, trying to make sure that the neighborhood and making sure that whatever Mr. Robins was doing in the area was conducive to the area. I do know this and we do have to admit this, that a lot of the attention was really focused on Historic Buena Vista and the other side of Brentwood, so that's why Wendy and the residents from day one have been very much involved in what was happening with this project. Because there was not a lot of contemplation on going past North Miami Avenue, there was little or to no real conversation happening with the folks at Buena Vista Heights. Andl could be wrong; maybe you guys did end up having a conversation later on down the line, butt know in the very beginning, I really pushed hard to make sure that you went west on North Miami Avenue so that we would not have this issue later on. I think it's really important. Yes, Craig is a wonderful corporate citizen and has done, you know, a lot in the area to invest back into the community, but he still -- You know, he has to be mindful on how he speaks to the residents and treats them. I don't know exactly what took place in the meeting. I just know that whatever happened during that meeting, it was offensive, so, you know, at the end of the day, yes, you have invested in the area and you bought in the area, but you were not born and raised in the area, so you need to be respectful to the people that are living there Applause. Commissioner Spence -Jones: No, no. So I just think that that's important to, at least, communicate. One of the young men that stood up here is one of our -- Miami's finest. He's a firefighter that we love, we respect in the City. You know, for him to get up and speak on this issue, obviously there is concerns that his residents have, the people that live in that neighborhood. He lives in the neighborhood. He lives in the City, so he's affected by it, so we have to respect, you know, whatever the communication is. I mean, you just don't -- it's very important not to be disrespectful, and I'm sure you understand that, Neisen, and we have had these conversations with Craig. It's just a way to go about doing everything, so I just want to say I think it's really important. I know a lot of support went to Historic Buena Vista and there are a lot of things that were kind of added to kind of support this abutting their neighborhood, but I'm still not all that clear as to how much it's actually helping everything west of North Miami Avenue. We're talking about it. We're kind of saying it in, you know, one big statement, but I don't think that they're clear, and I'm not really clear, so what I'm going to ask for is two things. I need clarity -- I understand that it's already zoned -- according to Miami 21, number 60 and number 57 is already zoned for T-6-12, which means they can bump up to 20. I would like for you guys to definitely sit back down with the residents. I'm going to go ahead and pass it on the first reading, 'cause I know you guys have been working hard to get it done, and at least I see that you guys have had some communication with them, but when this comes back in front of me, I would definitely want you to discuss 57 and 60 as far as the height requirement to just really City ofMiami Page 159 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 make sure that the residents in the area have a clear understanding about what's going to happen there, even if that means, Neisen, you have to be in the room with Mr. Craig Robins, you know, telling him to be nice, okay? All right, so I'm going to ask for the Buena Vista Heights Association to meet with you guys again and come up with something that makes the most sense for the residents so when it comes back in front of me, it's addressed. As far as 60 -- I know the young man mentioned 61, 59, and 58, but to my understanding, I just want to make sure you're clear and you understand that those tall buildings are not going to the back. I know that when we were working on Miami 21 on North Miami Avenue, we wanted to create a buffer zone so you didn't have that happening, and I'm going to just say this, andl -- 'cause I think it's important before we get back together. I think it's very strange in -- you know, when you're talking about building these buildings and you're talking about people walking across the avenue to go park, I really think that we need to really consider not only the beautification stuff and the security, extension stuff you're already going to be doing in the area, I think that you do need to look for some alternative parking on that side, 'cause I'm just going to tell you once the buildings come there -- first of all, people already parking in front of their houses now, so I can only imagine when you have more people on that corner -- People don't want to walk right across the street. They just don't, you know. So I'm going to ask that there is some sort of parking plan. They didn't ask for this, but I just want to make sure that there's some sort of parking plan that takes place in that -- at least that area that's very close to the developments that you guys are doing so make sure we address that. There's a few vacant lots over there. There's a few FDOT (Florida Department of Transportation) locations over there. I just think it's important to say -- to at least say here's some alternative parking areas for not only the residents, but for the people that are actually going to be living -- 'cause I'm just telling you. Even if it's not the people that are living there, it's their visitors, it's everybody that's going to come there, and right now you can go to 2nd -- when they have the events already taking place in the Design District, you can't even park over -- I mean, it's crazy over there, so I can only imagine when you start putting in new buildings. So I'm going to ask for you guys to come back with a parking plan or some, you know, method of how we're going to address the overflow of parking in that -- on their side. So parking, security extension, beautification, and to have a conversation with the Buena Vista Heights folks since Wendy and their crew, they're okay, and we don't have an issue on that. So with that, I'm going to pass it on the first reading, so do I just move it or how do we do this? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Spence -Jones; second by Commissioner Gort. Mr. Garcia: I'm sorry. May I request that the motion be with conditions as recommended? Commissioner Spence -Jones: Yes. Chair Sarnoff Mover accepts. Seconder accepts? Vice Chair Gort: Yes. Chair Sarnoff All right. It's an ordinance, Mr. City Attorney. The ordinance was read by title into the public record by Assistant City Attorney Rafael Suarez -Rivas. Rafael Suarez -Rivas (Assistant City Attorney): And additionally, with certain recommendations made by PZAB or by the Commission today; PZAB condition that the T-4 rear setback will remain at 20 feet; additionally, the condition that the developer will meet on a quarterly basis with abutting registered associations of the Design District; and additionally, the conditions stated by the Commissioner on the record. City of Miami Page 160 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Todd B. Hannon (City Clerk): Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.2 ORDINANCE 11-01196da1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)" APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT, 3825, 3852 AND 3900 NORTH MIAMI AVENUE, 20, 21, AND 28 NORTHWEST 39TH STREET, 30 AND 50 NORTHEAST 39TH STREET, 4100 AND 4039 NORTHEAST 1ST AVENUE, AND 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET, MIAMI, FLORIDA, TO THE PREVIOUSLY -APPROVED "MDDRS SAP"; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "MDDRS SAP" AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING ORDINANCE DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196da1 CC 07-25-13 FR Fact Sheet.pdf 11-01196da1 CC Legislation (Version 1).pdf 11-01196da1 Exhibit.pdf LOCATION: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow an additional 12 parcels for a total development of approximately 21.06 acres for the MDDRS SAP. City of Miami Page 161 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Please see Item PZ.1 for minutes referencing Item PZ.2. Chair Sarnoff PZ.2. We have a motion, Commissioner? Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by -- Vice Chair Gort: Second. Chair Sarnoff -- Commissioner Spence -Jones; second by Commissioner Gort. The public hearing has already been opened and closed on PZ.2. Mr. City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Rafael Suarez -Rivas. ToddB. Hannon (City Clerk): Roll call on item PZ.2. Vice Chair Gort? Vice Chair Gort: Yes, andl think you considered the -- extending your security, it would be very important for the whole project. Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Add some trees. Yes. Mr. Hannon: The ordinance -- Neisen Kasdin: Thank you very much. Mr. Hannon: -- passes on first reading, 3-0. PZ.3 RESOLUTION 13-00572ec A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE EASEMENTS LOCATED BETWEEN SOUTHWEST 7TH STREET AND SOUTHWEST 8TH STREET AND BETWEEN SOUTHWEST 35TH AVENUE AND SOUTHWEST 36TH AVENUE, MIAMI, FLORIDA. 13-00572ec CC 07-25-13 Fact Sheet.pdf 13-00572ec Department Analyses, Maps & PZAB Reso.pdf 13-00572ec Application & Supporting Documents.pdf 13-00572ec CC Legislation (Version 2).pdf 13-00572ec Exhibit A.pdf City of Miami Page 162 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 LOCATION: Approximately between SW 7th Street and SW 8th Street and between SW 35th Avenue and SW 36th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S) Iris Escarra, Esquire, on behalf of Cova Inc. and Cova RE Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on February 7, 2013 by a vote of 5-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on June 5, 2013 by a vote of 8-0. PURPOSE: This will allow easement closures at Versailles Restaurant. 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-13-0301 Chair Sarnoff Couple of cleanup items that we can get through. PZ.3, can the Administration be prepared to deal with PZ.3? Francisco Garcia, you're recognized for the record. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.3 is a resolution to vacate an easement, a utility easement that is now outdated and has out -served its purpose. This is located at a parcel approximately between Southwest 7th and 8th Streets and between Southwest 35th and 36th Avenues. This is recommended for approval by the Planning & Zoning Department. It was recommended for approval by the Public Works Department, and the PZAB (Planning & Zoning Appeals Board) reviewed it and recommended approval also by a unanimous vote. I'll answer any questions you may have. I yield to the applicant. Chair Sarnoff All right. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. It's a public hearing. Anybody wishing to be heard on PZ.3, PZ.3, please step up. Coming back to this Commission, any discussion? Commissioner Suarez: I just want to thank the Commission's indulgent for my absence and I'm sure everyone was kind to me in my absence, so thank you very much andl appreciate -- I think this is a pretty straightforward issue in my district, andl don't think there's any opposition from the neighbors. Chair Sarnoff All right. Madam City Attorney, it is an ordinance. City of Miami Page 163 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 ToddB. Hannon (City Clerk): Chair, it's a resolution. Mr. Garcia: It's a resolution. Chair Sarnoff Oh, it's a resolution. I apologize. So all in favor, please say "aye. The Commission (Collectively): Aye. Iris Escarra: Thank you, everyone. Chair Sarnoff Thank you. Vice Chair Gort: Once again, great presentation. PZ.4 RESOLUTION 13-00573sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET LOCATED BETWEEN NORTHWEST 36TH COURT AND NORTHWEST 37TH AVENUE AND BETWEEN NORTHWEST 4TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA. 13-00573sc CC 07-25-13 Fact Sheet.pdf 13-00573sc Department Analyses, Maps & PZAB Reso.pdf 13-00573sc Application & Supporting Documents.pdf 13-00573sc CC Legislation (Version 2).pdf 13-00573sc Exhi bit A. pdf LOCATION: Approximately between NW 36th Court and NW 37th Avenue and between NW 4th Street and NW 5th Street [Commissioner Francis Suarez - District 4] APPELLANT(S): Ines Marrero-Priegues, Legal Representative, on behalf of West Flagler Associates, LTD. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PUBLIC WORKS DEPARTMENT: Recommends denial. PLAT & STREET COMMITTEE: Recommended denial on October 4, 2012 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 19, 2013 by a vote of 8-1. PURPOSE: This will allow the closure of a portion of a public street. Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED 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 164 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 PZ.5 ORDINANCE Second Reading 13-00077zc 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 "T3-O" SUB -URBAN ZONE TO "T4-R" GENERAL URBAN ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2701, 2721, 2751 SOUTHWEST 28TH AVENUE AND 2740 SOUTHWEST 27TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00077zc CC 07-25-13 SR Fact Sheet.pdf 13-00077zcAnalysis, Maps, Zoning Referral, Sch. Conc. & PZAB Reso.pdf 13-00077zcApplication & Supporting Documentation.pdf 13-00077zc CC Legislation (Version 3).pdf 13-00077zc Exhi bit A. pdf LOCATION: Approximately 2701, 2721, 2751 SW 28th Avenue and 2740 SW 27th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Landaq, Inc and Grove Bluff, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval, as modified, to City Commission on March 20, 2013 by a vote of 8-3 as follows: 1) Change the zoning classification to "T4-R" and 2) Southwest 27th Court will be up to code with proper pavement and sidewalks and proper sidewalks on Southwest 28th Avenue. PURPOSE: This will change the existing zoning classification from "T3-O" to "T4-R". The applicant has proffered a covenant for these properties. 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 13402 Chair Sarnoff All right. Anything else, Mr. Planning director? Francisco Garcia (Director, Planning & Zoning): No, sir, not in terms of continuances or deferrals. Is it correct that the next item to be heard is PZ.5? Commissioner Spence -Jones: Yes. Chair Sarnoff Yeah, we'll hear PZ.5. Mr. Garcia: Very well. Then I'll simply introduce it briefly. PZ.5 is a proposal to rezone a parcel of land located approximately at 2701 Southwest 27th -- 28th Avenue rather. The request City of Miami Page 165 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 is to change the zoning from T3-O to T4-R, not T4-O, which is what was originally requested. Our recommendation is for approval. The Planning, Zoning and Appeals Board also heard the item and recommended in favor of it, andl understand also that the applicant has proffered a covenant, which they will be presenting to you. With that said, I'll defer to the applicant for their presentation. Chair Sarnoff Mr. Mayol, you're recognized for the record. Juan Mayol: Good afternoon, Mr. Chairman, members of the Council -- Commission. Juan Mayol with the law firm of Holland and Knight at 701 Brickell Avenue, on behalf of the applicant, Landaq and Grove Bluff. Mr. Bert Pascual is here also. Since the first reading on this item, we had the opportunity to meet and communicate with the Golden Pines Homeowners Association, their representatives and neighbors in the area. Those conversations have resulted in additional restrictions that we are voluntarily proffering on behalf of the applicant, which, in addition to prohibiting commercial development on the property and prohibiting the owner of low income housing, we're extending the two-story limitation to 100 feet, from 50 to 100 feet from Southwest 27th Street, and we're agreeing to commence development of the property within five years. It's my understanding that with those restrictions, the association is no longer in opposition to the project. Obviously, they're here to speak to you and they'll confirm that on the record, but before they do, I'd like to just offer an apology to them in that during the first reading of this item, I made a comment about the neighborhood, the state of the neighborhood, the age of some of the buildings in the area, and it was Hilda who called my attention to the fact that that statement was not well received by the neighbors. And certainly, we did not intend any insult by that. I understand that the remarks were not well received. I was simply talking about the history of the area and status of the development in the area. I have learned throughout this process that that is a very proud, very engaged and very thriving community, and it has been a pleasure to deal with them, andl thank them for having taken the time to work with us. We look forward to working with them in the future. We have again proffered the declaration of restrictions into the record. Francisco has the original. And we would urge your approval of the application as recommended by your professional staff and as recommended by your board. Obviously, we're prepared to make a fuller presentation, but I thought the Commission might appreciate a more brief presentation in light of your agenda. Thank you. Chair Sarnoff Thank you. Anyone wishing to be heard on PZ.5, PZ.5, please step up; PZ.5. Hilda, you are more than recognized for the record. Hilda Rodriguez: Thank you. Hilda Rodriguez, 2930 Southwest 25 Terrace. I just want to say that we met with the attorneys and with the director of the Planning Department and we are in agreement with the covenant that he's presented. Thank you. Chair Sarnoff Thank you, Hilda. Anyone else wishing to be heard on PZ.5, PZ.5? The public hearing is now closed Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Any -- Vice Chair Gort: See, it works when people get together and talk things out. Mr. Mayol: Absolutely. City of Miami Page 166 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff By the way, your apology was much more effective than mine. I -- you're going to teach me how to do that. Mr. Attorney, it's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Rafael Suarez -Rivas. Todd B. Hannon (City Clerk): Roll call on item PZ.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Mr. Mayol: Thank you so much. Chair Sarnoff Thank you. PZ.6 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 07-25-13 SR Fact Sheet.pdf 13-00079zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00079zc Covenant.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". The applicant has proffered a covenant for these properties. 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 13403 City of Miami Page 167 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Direction by Commissioner Spence -Jones to the Administration for the Planning Department to work with the developer on the design of the wall facing the river to make it more attractive. Chair Sarnoff All right. I've been asked to do -- just so everybody gets a little bit of order so if they want to move up, move around, we're going to take PZ. 6, then PZ.7, then PZ.8, then PZ.9. Right now I'm recognizing PZ. 6. Francisco Garcia (Director, Planning & Zoning): Item PZ.6 is a rezoning proposal for a property at 121, 123, 127 and 139 Southwest North River Drive. This is before you on second reading. The proposal is to change the zoning from what it is presently, which is T6-8-O to T-6-12-0. We have reviewed the proposal and we feel that it is entirely appropriate for the area. It is surrounded by properties of much higher intensity. This proposal has been reviewed by the Planning, Zoning and Appeals Board and has recommended approval by a vote of 10-0, and the City Commission also recommended approval on the first reading. The applicant, I believe is proffering a covenant for these properties. Iris Escarra: Correct. Iris Escarra, with offices at 333 Avenue of the Americas. Good afternoon, Chairman, members of the Board. The application before you is seeking a rezoning simply in order to increase the FLR (Floor/Lot Ratio) permitted on the site. The uses, the density and everything remains the same. We proffered a covenant that in the event that we do build a public storage facility, it would need to be a mixed use public storage facility with active uses on the ground floor, and the proposal that we have pending now is going to have, if I may, active uses on the ground and active uses on the roof with a restaurant at the top. Chair Sarnoff All right. Commissioner Spence -Jones: I support it andl -- first of all, thank you for making the changes. The only thing that just looked a little weird to me is the side facing -- the panel, what is that panel? Is it going to look like --? No, that -- the big -- Vice Chair Gort: The panel on the corner. Commissioner Spence -Jones: Yeah. Ms. Escarra: This panel here is actually -- you can't see it in the rendering -- Commissioner Spence -Jones: No, I'm talking about in the front. Ms. Escarra: This panel here? Commissioner Spence -Jones: Yeah, what is that? Ms. Escarra: This is actually -- Commissioner Spence -Jones: Is that facing the highway? Ms. Escarra: No, this is facing the river. This is on this side. The highway -- Commissioner Spence -Jones: Well, what's going on that? What's -- Ms. Escarra: This is the public storage in the center of the building. The ground floor is actually retail with a level of office up here. The restaurant that we're proposing is a rooftop restaurant. What happens is, is that we're putting the public storage in the center of the building to kind of raise it up above 1-95. City of Miami Page 168 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: Is there any way that we can --? Andl -- maybe I need to ask the City Attorney. It just -- that's going to be facing the river? Ms. Escarra: Correct. This is on the river side. Commissioner Spence -Jones: Right. Is there any way that we could at least make -- have that look a little -- art or something to make it look --? Ms. Escarra: We can definitely (UNINTELLIGIBLE). We're going to go through now a warrant process, which we actually go through design review and everything like that, so I'm happy to work with Francisco. Commissioner Spence -Jones: Yeah. I would only make that recommendation, Francisco, because anything facing the river, all the stuff we're getting ready to do on the river, I think it's extremely important. I just would hate to see something that did not look attractive, so that would be my only recommendation. Mr. Garcia: Absolutely. Commissioner Spence -Jones: But well done on making the changes. Ms. Escarra: Thank you very much. Commissioner Spence -Jones: So moved. Chair Sarnoff We have a motion by -- Vice Chair Gort: Second. Chair Sarnoff -- Commissioner Spence -Jones, second by -- Commissioner Spence -Jones: With amendment or a suggestion. It's amended. Chair Sarnoff With an instruction. Commissioner Spence -Jones: An instruction. Chair Sarnoff Second by Commissioner Gort. Commissioner Spence -Jones, I'm going to support this. I hope, I hope you can improve upon this situation and this facility. I know you. I know you're extremely persuasive, and I'm going to rely upon you on PZ.6 to get it right. Commissioner Spence -Jones: You know, actually, I'm going to rely on you to make sure it happens. Chair Sarnoff Fair enough. Commissioner Spence -Jones: Okay. Chair Sarnoff And I'm going to remember and say to everybody that she gave me a little bit of license here. Commissioner Spence -Jones: Yes, to make sure. Chair Sarnoff I gotcha. City of Miami Page 169 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Spence -Jones: I just want to see that art on that. That would be great. Chair Sarnoff Okay. Ms. Escarra: Understood. Chair Sarnoff So I believe it is an ordinance, Mr. City Attorney. Nicole N. Ewan (Assistant City Clerk): Chair, the public hearing. Chair Sarnoff Oh, I apologize. Rafael Suarez -Rivas (Assistant City Attorney): Yes. Chair Sarnoff You're right. Mr. Suarez -Rivas: Open and close the public hearing. Chair Sarnoff Good scolding. PZ.6, anybody wanting to be heard on item PZ. 6, please step up; PZ. 6. Hearing none, seeing none, coming back to the Commission. Mr. City Attorney, it is an ordinance. Mr. Suarez -Rivas: Yes, sir. The ordinance was read by title into the public record by Assistant City Attorney Rafael Suarez -Rivas. Mr. Suarez -Rivas: And additionally, the Commission gave an instruction to staff. Ms. Ewan: Your roll call on item PZ.6. A roll call was taken, the result of which is stated above. Ms. Ewan: Item -- Ms. Escarra: Thank you. Ms. Ewan: -- P.Z. 6 is adopted on second reading, 3-0. Ms. Escarra: Thank you very much, everyone. Thank you. PZ.7 ORDINANCE 12-01180Iu4 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 DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1609, 1624, 1632, AND 1637 NORTHWEST 59TH STREET AND 1630, 1687, 1691, AND 1693 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL", AND OF REAL City of Miami Page 170 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 PROPERTY LOCATED AT APPROXIMATELY 1620 NORTHWEST 58TH 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. 12-011801u4 CC 07-25-13 FR Fact Sheet.pdf 12-011801u4 Analysis, Maps, Sch. Brd. Review & PZAB Reso.pdf 12-011801u4 CC Legislation (Version 2).pdf 12-011801u4 ExhibitA.pdf LOCATION: Approximately 1609, 1624, 1632, and 1637 NW 59th Street; 1630, 1687, 1691, and 1693 NW 58th Terrace; and 1620 NW 58th Street [Commissioner Michelle Spence -Jones - District 5] 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 June 19, 2013 by a vote of 9-0. See companion File ID 12-01180zc4. PURPOSE: This will change the land use designation of certain properties as described above. 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff PZ.7. Commissioner Spence -Jones: PZ.7. Francisco Garcia (Director, Planning & Zoning): Items PZ.7 and PZ.8 are companion items. PZ.7 is a land use change proposal and PZ.8 is a zoning change proposal. These two items are for properties approximately at 1609, 1624, 1632, and 1637 Northwest 59th Street; 1630, 1687, 1691, and 1693 Northwest 58th Terrace; and 1620 Northwest 58th Street. These are -- Commissioner Spence -Jones: So moved. Chair Sarnoff Motion by -- Vice Chair Gort: Second. Chair Sarnoff -- Commissioner Spence -Jones; second by Commissioner Gort. Anyone wishing to be heard on PZ.7, PZ.7, please step up. Hearing none, seeing none, coming back to this Commission. Mr. City Attorney, it is an ordinance. Rafael Suarez -Rivas (Assistant City Attorney): Yes, sir. The Ordinance was read by title into the public record by Assistant City Attorney Rafael Suarez -Rivas. City of Miami Page 171 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Nicole N. Ewan (Assistant City Clerk): Your roll call on Item PZ.7. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.7 is passed on first reading, 3-0. PZ.8 ORDINANCE 12-01180zc4 First Reading 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 -RESTRICTED AND "T3-O" SUB -URBAN -OPEN TO "T4-L" GENERAL URBAN -LIMITED FOR PROPERTIES LOCATED AT APPROXIMATELY 1609, 1624, 1632, AND 1637 NORTHWEST 59 STREET, 1630, 1687, 1691, AND 1693 NORTHWEST 58 TERRACE, AND 1620 NORTHWEST 58 STREET, MIAMI, FLORIDA, AS FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.6.2, 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 THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOTAPPROVED 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. 12-01180zc4 CC 07-25-13 FR Fact Sheet.pdf 12-01180zc4Analysis, Maps & PZAB Reso.pdf 12-01180zc4 CC Legislation (Version 3).pdf 12-01180zc4 ExhibitA.pdf LOCATION: Approximately 1609, 1624, 1632, and 1637 NW 59th Street, 1630, 1687, 1691, and 1693 NW 58th Terrace and 1620 NW 58th Street [Commissioner Michelle Spence -Jones - District 5] 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 a modification* to City Commission on June 19, 2013 by a vote of 9-0. See companion File ID 12-011801u4. City of Miami Page 172 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 *See supporting documentation. PURPOSE: This will change the above properties from "T4-R" and "T3-O" to "T4-L". 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff PZ.8. Commissioner Spence -Jones: PZ.8. Francisco Garcia (Director, Planning & Zoning): Item PZ.8 was actually a companion item to PZ. 7 so -- Commissioner Spence -Jones: So moved. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Gort. Anyone wanting to be heard on PZ.8, please step (UNINTET,T IGIBT ,F); PZ.8. 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 Assistant City Attorney Rafael Suarez -Rivas. Todd B. Hannon (City Clerk): Roll call on Item PZ.8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.9 ORDINANCE 13-00763zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," AND CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY ADDING AND UPDATING LANGUAGE IN CHAPTER 13 AND CHAPTER 14, WHICH LANGUAGE RELATES TO ISSUANCE OF INCREMENT III DEVELOPMENT ORDER AND AMENDMENT TO SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT MASTER DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00763zt CC 07-25-13 FR Fact Sheet.pdf 13-00763zt CC Legislation (Version 1).pdf LOCATION: Southeast Overtown Park West Area [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami City of Miami Page 173 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 13-00763. PURPOSE: This will add and update language in the SEOPW DRI Increment III. 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff PZ.9 Francisco Garcia (Director, Planning & Zoning): Item PZ.9 is a first reading ordinance to add and update language to the Southeast/Overtown Park West DRI (Development of Regional Impact) Increment Number 3. This item is before you on first reading. It has not been reviewed by the PZAB (Planning, Zoning andAppeals Board) as it does not have to; however, the PZAB, the Planning, Zoning andAppeals Board, did review the development order and recommended its approval unanimously. You will -- Commissioner Spence -Jones: So move. Mr. Garcia: -- hear that along with the second reading of this item. Chair Sarnoff So we have a motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on PZ.9, PZ.9, please step up. Hearing none, seeing none, coming back to this Commission. Madam -- sorry -- Mr. City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Rafael Suarez -Rivas. Todd B. Hannon (City Clerk): Roll call on item PZ.9. Vice Chair Gort? Vice Chair Gort: Great presentation. Yes. Unidentified Speaker: Thank you, Vice Chairman. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on first reading, 3-0. Unidentified Speaker: Thank you. City of Miami Page 174 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 PZ.10 13-00403 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL FILED BY MICHAEL FAAS, RAFFAOULAJAMI, WASIM SHOMAR AND SHAD! SHOMAR (APPELLANTS), AND REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH FAILED TO APPROVE THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1501 BRICKELLAVENUE, MIAMI, FLORIDA, AS A HISTORIC SITE DUE TO A FAILURE TO HAVE THE REQUIRED FIVE (5) CONCURRING VOTES FOR DESIGNATIONS, PURSUANT TO SECTION 62-29(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,ENTITLED "PROCEEDINGS". 13-00403 CC 07-25-13 Fact Sheet.pdf 13-00403 Maps, HEPB Reso & HEPB Fact Sheet.pdf 13-00403 HEPB Appeal Letter & Attachment. pdf 13-00403 CC Legislation (Version 3).pdf 13-00403 CC Legislation (Version 4).pdf 13-00403 Exhibit A. pdf 13-00403-Submittal-Petitions to Reject Historic Designation. pdf 13-00403-Submittal-Gilberto Pastoriza.pdf 13-00403-Submittal-Kathleen Kaufman-MDC Historic Preservation Board Resolution No. 2013-02. 13-00403-Submittal-Sovraya Faas-Documents in Support of Making St. jude a historic site.pdf 13-00403-Submittal-Veena Panjabi-Letter of Support of Historic Preservation of Saint Jude.pdf 13-00403-Submittal-Letters in Support of Historic Preservation for St. Jude.pdf 13-00403-Submittal-Petitions in Favor of Making St.pdf 13-00403-Submittal-Juan Muniz-Record of Prior Proceedings. pdf 13-00403-Submittal-Susan Stunbely-Designation Report. pdf 13-00403-Submittal-Church Attendance at St. jude.pdf 13-00403-Submittal-Letters in Favor of Historical Designation. pdf 13-00403-Submittal-Chapter 23 Historic Preservation. pdf 13-00403-Submittal-Cuban Refugee Children Article. pdf 13-00403-Submittal-Gilberto Pastoriza-Letter from Brickell Homeowners Association. pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0306 Chair Sarnoff (as interpreted by Vice Chair Gort): You're going to be heard the last item today. That's how it's going to work, because we know you're probably -- candidly, if you all speak, about five hours of a hearing. And you're going to say to me, "Well, when will that be?" And because I always get that question from my wife: When -- you know -- "When will this meeting end?" Commissioner Suarez said to me if he knew that, he would be a billionaire. I would say to you, you would not be heard before 7 o'clock tonight. You may not be heard before 8 o'clock tonight; just depending upon how robust a conversation we have on the other issues. Now, there are a lot of neat issues in this meeting, and you're more than welcome to stay, but it is going to be uncomfortable for a lot of you, because not all of you have seats. I could tell you with certainty we will not touch you before 7 o'clock, and I'll make sure we don't, meaning would not bring up the meeting before 7 o'clock. There's a very strong probability we wouldn't reach you City of Miami Page 175 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 till 8 o'clock tonight. You want to do that. Vice Chair Gort: Okay. Chair Sarnoff (as interpreted by Vice Chair Gort): So we want to have a full hearing for you. We want to give each one of you the opportunity to speak and tell us why and how and what you support, and you will get a fair hearing tonight, but it will not start before 7 o'clock. So you're welcome to stay or you're welcome to come back in five hours. So go home, have dinner, take a walk, whatever you're going to do. Come back at 7. If you want to, the City Clerk will take down your name, and what will do tonight when it comes for the public hearing, I'm going to read off your name in the order that the Clerk hands it to me, and I do that for a reason: It's random. I don't want anyone to say I want this speaker to speak first or that speaker to speak first. You'll be allowed to make a presentation from your group of people. When it comes to the public hearing though, just make sure you fill out a form. So I'm going to let Commissioner Gort do that in Spanish. All right. So I'm going to give you two minutes if you want to get up, stretch your legs, leave, you're welcome to stay. It is a pretty interesting meeting, by the way, but it's going to be a long, long time. I'm not going to kid you. I could see us being out of here after midnight tonight. So to plan your day, to give you an expectation, what time is -- Note for the Record: Chairman Sarnoffs comments were translated by Vice Chair Gort. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Mr. Chairman, there's a lot of people here. I mean, I know we all have schedules, but we all knew this was going to be a long meeting. Why not listen to them now instead of --? Applause. Vice Chair Gort: There's no time (UNINTELLIGIBLE). Chair Sarnoff We got time certain items. Commissioner Spence -Jones: All right, we got to take the time certains. Chair Sarnoff I -- look, I understand. I just want to do the -- I gave people time certains. I'm going to go through my time certains. You're welcome to stay, but I'm going to go through the regular agenda. Commissioner Spence -Jones: Yes. Chair Sarnoff So I just want to give you the opportunity to stretch your legs. I still go by when I think it will happen. It won't happen before 7, but you're welcome to stay. Later... Chair Sarnoff All right, PZ.10, PZ.10. Commissioner Suarez: Sorry. Thank you for your indulgence. We still need -- Chair Sarnoff Sorry? Commissioner Suarez: Do we need Commissioners or what? City of Miami Page 176 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff I'm going to get started. Commissioner Suarez: Okay. Francisco Garcia (Director, Planning): Item PZ.10 then, sir? I will make -- I know this is likely to be a lengthy item for your consideration. I wanted to make a couple of brief introductory remarks, then yield to the City Attorney to add some legal commentary, and then I would like to have my colleague, Megan McLaughlin, the Preservation Officer, also make a presentation, then yield to the applicants. I'll say by way of introduction that this matter is before you -- this matter pertains to a property located at 1501 Brickell Avenue. This is the St. Jude Melkite Catholic Church. Andl wanted to clam that it pertains not to the entire property, but it pertains -- andl think that there will be an illustration showing exactly what amount of land it encompasses. It pertains to the church structure itself and an area around it of roughly 20 feet. I think, in totality, it's roughly 20,000 square feet in total. But it's basically the church building itself and some breathing space around it, so to speak, to ensure that if it were preserved, there would be no other buildings blocking its view from Brickell or the abutting frontages. In any event, the item is before you as an appeal to the Historic and Environmental Preservation Board failure to designate this property. What happened, briefly, was that the Historic and Environmental Preservation Board, which typically consists of ten members, nine members and one alternate, at that meeting had only six members present. All six members voted. A motion was made to approve the designation for this property. However, the vote was positive -- it was positive as a vote of 4-2. That favorable vote of four members failed to meet the minimum requirement offive and therefore, because there was a failure to reach that number offive, that vote constituted a denial. So what you have before you today is the appeal of that denial by the original applicants for the designation. With that said, I will tell you also briefly that our designation report, prepared by the Planning & Zoning Department's Preservation Officer finds that the structure certainly is eligible and therefore, our recommendation to you today is for approval. I'll yield to the City Attorney for some legal remarks, and then we'll go into the report itself. Rafael Suarez -Rivas (Assistant City Attorney): IfI may very briefly. Commissioners, this is a de novo hearing. Under our code, the Commission may affirm, reverse, or modify the decision of the Historic and Environmental Preservation Board. Please be advised, andl want everyone to note, that to reverse a decision of the Historic and Environmental Preservation Board requires a three fifths vote of all members of the City Commission. So that means that you need a vote of three to reverse that decision, andl just want everyone to understand that. That is right in Chapter 23 of our code. I want to add also that if the Commission considers this and the Commission needs to make a finding that this property is historic, the Commission must find, as applicable for religious property referenced in Chapter 23, that this property derives its primary significance from architectural or artistic distinction or historical importance. Then the Commission would also consider the property for designation under the applicable criteria in 23-4 of our City code. You, please, would consider all evidence that is before you today because, as noted, it is a de novo hearing. Any appeal of this Commission would be final City action and is appealable as provided by the Florida Rules of Appellate Procedure. Thank you. Chair Sarnoff Thank you. All right. Mr. Garcia: I will add to those remarks that certainly staff has found that the subject property is certainly significantfrom an architectural or artistic distinction or historic importance. You will hear findings to that effect in that it complies with three of the applicable criteria set forth in the City code, Chapter 23. With that, I'd like to yield to my colleague, the Preservation Officer, Megan McLaughlin, and she'll run you through the designation report that has been prepared. Chair Sarnoff You're recognized for the record. City of Miami Page 177 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Megan McLaughlin: Megan McLaughlin, Preservation Officer. Thank you, Commissioners, for hearing us today. I'll give you a brief overview of the case and some of the reasons why we believe this building is eligible for historic designation. Some general background on the building: The historic name is the Chapel of Our Lady of the Assumption. It was commissioned by the Sisters of the Assumption as a school chapel and was built in 1946 in the Romanesque -Gothic revival style. The architect was Henry D. Dagit & Sons out of Philadelphia. We found that this building was eligible for three criteria out of the eight that are in the City code, Chapter 23. Criteria number (3), that it exemplified the historical, cultural, political, economical, and social trends of the community; number (5), that it embodied distinguishing characteristics of an architectural style, period, or method of construction; and number (6), that it was an outstanding work of a prominent designer or builder. And as our City Attorney noted, there is an exception regarding religious properties that we did take into account and that was addressed in the designation report, that religious properties can only be designated if they derive their primary significance from architectural, artistic, or historical importance, and we did find that to be the case. A little bit of context for the church itself. We go back to the early 1900s. Brickell Avenue was known as "Millionaires' Row" at the time, where you found many large estates, large properties, waterfront. And here you see just a few examples of the types of houses and buildings that were found along Brickell Avenue. It's very different from what you see today. And we have -- here's an aerial overview of the types of houses and mansions that you would have found in this area. Circled in red on your screen is the location where St. Jude's chapel -- or St. Jude church is located today. And this is a map that we have in the Planning Department showing, again, the location of the church. This was approximately in the 1960s when you can see the blue buildings, that larger development was coming into play, but there were still some of these smaller estates and mansions along Brickell Avenue. Today there are only about four or five of those original mansions and civic buildings that remain on Brickell Avenue and these are designated structures. One of the historic sites is Petit Duoy, located directly across the street at 1500 Brickell. Two doors down from that building is the Nolan House. Further down the street, closer to Alice Wainwright Park, which is an extension of Brickell Avenue, is Villa Serena. And finally, a civic building closer to the Miami River is the First Presbyterian Church, which was constructed in 1949 and designated in 2003. So briefly, I'll go over why we believe that this fulfills criteria (3) of the reasons for designation. The Chapel was commissioned by the Sisters of the Assumption, which was a congregation of French nuns. They came to the United States and established two academies here: One in Philadelphia in 1919 where they created the Ravenhill Academy, and there they had a chapel also designed by Henry Dagit & Sons. And in 1942 they moved to Miami and opened a second academy, the Academy of the Assumption, at the corner of Brickell Avenue and 15th Street -- 15th Road. Four years later they commissioned the Chapel of Our Lady of Assumption, which is today St. Jude. And this is a photo, circa 1970s, of the school campus with the church in the background. The Sisters of the Assumption were well known throughout France and Europe and in their two locations in the United States for educating young women who would become future leaders in society. They would educate the daughters and future wives of doctors, lawyers, business professionals. It was a new sector of society that hadn't existed before. In the 1960s the sisters were participants in Operation Pedro Pan and they also helped the Carmelite sisters that had been expelled from Cuba at that time. Some of their other contributions to society here in Miami: They were frequently visited by Mother Teresa. Criteria (5), that the building exhibits distinguishing characteristics of an architectural style. This church is a great example of the Romanesque -Gothic revival, and a quote of the time about the church, "that the chapel will have all the features of the churches of the Middle Ages carried out in a modern medium." And this is a photo, more or less, from the 1950s showing the church covered in vines, which has since been cleared. The church was very unique because it had the floor plan and many of the design characteristics of the Middle Ages churches, both a mixture of Romanesque and Gothic style. You can see that it had many of the spaces, the transect nave, narthex, and apse that you would have found from the Middle Ages. And here we just go through some of the traditional portions of the design that were combined with modern technologies at the church. It did use a cruciform plan, which you would have found traditionally an austere interior, small windows, arches, a City of Miami Page 178 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 portal portico entrance, sculptures of saints, geometric proportions, and a very simple exterior. However, at the same time, the church was using modern means of construction and technology. It was built in 1949 after all. It was constructed of reinforced concrete rather than load -bearing stone. It had an open floor plan, rather than load -bearing columns, and large piers. So it had the absence of supporting columns in the interior. It had an exposed concrete ceiling with coffering, the first to be constructed in the south, and it was faced inside and out with Indiana limestone, which was a very expensive material that was only reserved for the finest civic buildings. And here's a comparison of a middle -- a church from the Middle Ages thatAbia Fontenay compared with St. Jude. So you see that the general shape of the church is very similar, but you don't have these load -bearing columns. You have a large open space. And again, the exterior, while they may have appeared to be similar, one is built of a load -bearing stone and the other of reinforced concrete. And finally, a comparison of the interiors. Finally, criteria (6), that the building is an outstanding work of a prominent designer. The architect of this building was Henry D. Dagit & Sons. It was one of Philadelphia's most recognized firms, and they were well known for designing Catholic churches. They have over 300 buildings listed in Philadelphia's collection of architects and building archives, and they even have their own collection. And many of these buildings are also listed in the Congress archives. They were considered experts in Romanesque and Gothic architecture, but they also employed modern means in all of their designs. And here you see a photo of some of the professionals in the office. It was a father and three of his sons working underneath him. In 1929 Henry D. Dagit, Jr. took over the firm when his father, Henry D. Dagit, Sr., died. He continued working with his brothers and later with his son. They were -- one of his finest churches was built in 1938, the Cathedral of Christ the King in Atlanta. It was featured in Architectural Record as the "most beautiful building in Atlanta." The same year the Sisters of the Assumption commissioned Ravenhill Academy, the Chapel in Philadelphia, and we can only assume that they had a good experience because they asked the architects to come back again and design their chapel in Miami in 1946. And here's two examples of Henry D. Dagit, Jr. 's architecture in Philadelphia and in Washington D.C. (District of Columbia). By the 1970s, the Academy of the Assumption began experiencing a decline in enrollment, and the sisters put the property up for sale. The St. Jude Melkite Catholic Rectory made an offer and purchased the building in 1977. They only bought the church and the parking area; another portion of the campus was sold and was redeveloped as a 41-story luxury condominium, and the Chapel of Our Lady of the Assumption was rededicated at St. Jude Melkite Catholic church. Our proposal for designation is shown in the pink shaded area above. Again, we're not proposing designation of the entire parcel because it has been substantially altered and no longer has the original school buildings on campus. And finally, I just want to reiterate the points that this is a religious property, that we do feel that it has significant architectural, artistic, and historic merit, and that we would not be designating it for religious significance but rather for those first three. Thank you very much. Mr. Garcia: That then is the -- basically, the substantive part of the presentation in that it is a designation -- a summary of the designation report itself which, of course, is attached to your packet. I'll yield to the applicants and the appellants and opposing counsel, et cetera, in a moment, but I did want to perhaps touch upon some issues that are likely to come up, just to introduce them for your consideration. The actual designation of this structure would still allow for the owners or future applicants to make modifications to it. In essence, what it means is that any of these modifications would have to be proposed to the Historic and Environmental Preservation Board and deemed acceptable. Andl say this because I've heard that some considerate owners to have structures in the City designated. If we propose that this be designated, it is because we find that the structure in its present condition is relevant and a historic resource, but again, designation does not preclude future alterations with a caveat, of course, that they have to be reviewed and approved both by staff and by Preservation Board. And perhaps I'll yield at this moment in time, but I also wanted to introduce the concept that there are potential economic benefits to designation. If it's not brought up, then perhaps we won't go into it, but if it does come up, then I'm happy to address those aspects of it as well. And with that, I'll yield to perhaps the appellants. City of Miami Page 179 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Before doing that, I'm told the county has a resolution they want to read into the record, so I'm going to allow the county Historic Preservation Officer to do so. Kathleen Kaufman, you're recognized for the record Kathleen Kaufman: Thank you, Mr. Chair, esteemed Commissioners. Feels good. It feels like coming home. My name is Kathleen Kaufman. I'm the Historic Preservation Chief for Miami -Dade County. And the Historic Preservation Board has been following this issue and they wrote a resolution, which I will just read briefly into the record. A resolution to support the designation of Saint Jude Melkite Catholic Church. "Whereas, Saint Jude Melkite Catholic Church, located at 1501 Brickell Avenue, was built in 1946 and was originally created for Our Lady of the Assumption, a congregation of French nuns, that was founded in 1839 in Paris; and whereas, the church possesses high artistic and architectural integrity, being one of the few churches in the City ofMiami utilizing design elements and configurations of the Romanesque style, while expressing that style through the use of modern materials and construction techniques; and whereas, the church was designed by architect Henry D. Dagit, Jr., a notable and prolific architect from Philadelphia, who, along with his father and brothers, was responsible for designing over 300 public and civic buildings, many of which are either designated at the local level or listed in the National Register of Historic Places; and whereas, during the historic Operation Pedro Pan, an initiative that brought over 14,000 unaccompanied Cuban children to the United States so that they could avoid Marxist-Leninist indoctrination, the Sisters of the Assumption were actively engaged in assisting this endeavor, and some of the children were temporarily housed on the grounds of the church and school academy; and whereas, the Saint Jude Melkite Catholic Rectory purchased the church and adjoining parking lot in 1977 and its congregation, now numbering over a thousand, has been lovingly caring for and worshiping in this historic church ever since. Now, therefore, be it resolved that the Historic Preservation Board, on April 17, 2013, strongly encourages the City ofMiami to approve the designation of the Saint Jude Catholic Church, located at 1501 Brickell, so that this spectacular structure may be enjoyed and utilized by generations to come." Mr. Chair and esteemed Commissioners, you have a structure that clearly qualifies and is eligible, per your preservation ordinance, fulfilling not one but three of the criteria for designation. It's completely within your legal authority to designate this structure and is a function authorized by this Commission and carried out by your HEP (Historic and Environmental Preservation) Board. I just want to remind you of a few more points. Designation does not mean -- as the director just pointed out -- it does not mean that the structure cannot be expanded or altered. It does mean that the expansion or alterations will be done sympathetically to the historic structure. The designation does not interfere with how the congregation chooses to use the property, does not interfere with who can own the property. It's simply meant to protect a building that has earned its right to be a part of our collective history. So I thank you for your time, andl have copies of the resolution thatl can give to the City Clerk. Thank you. Applause. Chair Sarnoff You're recognized for the record. Gilberto Pastoriza: Good evening, Mr. Chairman, members of the Commission. Gilberto Pastoriza, offices at 2525 Ponce De Leon, 7th Floor, here on behalf of the appellants. With me today are our experts, Mr. Richard Heisenbottle, who is a local preservation architect with over 35 years of experience in Miami. Mr. Heisenbottle will be providing testimony on the architectural significance of this building. Reynaldo Borges, also an architect who has been directly involved for several years with this building and has personal knowledge about the physical characteristics of the building. He has acted in the past as the church's advisor on architectural matters. Finally, Ms. Arva Parks. Ms. Parks is widely recognized as the leading local historian. Ms. Parks will be providing testimony on the cultural and historical significance of this property. Please note that all of our experts are local. They are people you know, people City ofMiami Page 180 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 who have the pulse of this community. Who better than them to know our local history and what the designation of this property means to the people ofMiami-Dade County and the City of Miami? You will also hear from the general public. You will also hear from people like Ramon Ortiz, who is the CEO (Chief Executive Officer) of History Miami Museums. You will also hear from a number of the Academy of the Assumption alums [sic] who are here in full force today. You will also hear from the general public and the neighbors. As a matter of fact, we have the endorsement of the Brickell Homeowners Association, andl will -- it's just a three paragraph letter. I would just like to put it into the record. "As you know, for 23 years Brickell Homeowners Association has represented the Brickell neighborhood from Miami River to 26th Road, a unique community, unlike anywhere else. We are now comprised of more than 25,000 condominium units in the CitiCenter where so many residents and visitors live, work, and play. St. Jude Melkite Catholic Church ofMiami is located in the heart of our neighborhood, and it's one of the very few architectural touchstones to the area's history that we have. It is a gem for the parishioners and the larger surrounding community. It would be shameful to lose it. BHA (Brickell Homeowners Association) supports its historic designation and hopes that the City of Miami will do what is needed to ensure its survival for all the community of Greater Miami." All of these people that are here today are here because they want to urge you, Commissioners, to give the residents of City ofMiami and Dade County assurances that this architectural and historical jewel known -- now known as St. Jude Melkite Catholic Church, be preserved for generations to come. We believe that the best way that this Commission can provide this assurance is by designating the property historic. Before we start our presentation, I would like just to take care of a procedural matter and a couple of misperceived constitutional issues. As you know, when we filed this appeal, we filed the appeal on procedural and substantive grounds. We are hereby withdrawing all of our procedural claims that we made in our appeal, so therefore we will limit ourselves to the substantive nature of this application. Constitutional issues. Historic preservation ordinance, such as the one that the City has in place, are prevailing throughout the United States and have been held constitutional by the courts as a valid exercise of your police power. You will hear today from the appellees that designating this architectural and historical jewel will take away their property rights. This is simply a constitutional red herring and cannot be supported legally for the following reasons: One, the request to designate only covers a small portion of the property, as your staff indicated in their report. The balance of the property remains the way it is right now. The City's historic preservation ordinance affords designated property certain advantages that are not afforded to equally situated properties in the City ofMiami. For example, one of the things that your ordinance allows designated properties to do to the owners, to the owners of the designated property is that they can sell the excess development rights that they have in their property in the open market. Two, the City also affords certain zoning benefits, again, not afforded to similar situated properties in the City ofMiami, such as waivers for additions, setbacks, parking, minimum lot size, lot width, and green space. So that there are benefits, there are benefits, there are concrete benefits for a designated property. Finally, the issue of whether the designation of a property as historic takes away owners' property rights was decided by the United States Supreme Court in a 1978 opinion by Justice Brennan in a case titled "Penn Central Transportation Company versus City of New York." The issue in Penn Central was whether the application of New York City's landmarks preservation law, an ordinance similar to yours in many respects. I'm not going to get into all the details, but to be -- let me just go (UNINTELLIGIBLE). Whether the application in New York City's landmarks preservation law to the parcel of land occupied by Grand Central terminal has taken its owner's property in violation of the Fifth and Fourteenth Amendment. The answer to that question was ho. "That is the law of the land. You may also hear from the appellees the designated -- designating this architectural and historical jewel is an infringing in the appellee 's rights to practice religion. This again is a constitutional red herring. The fact of the matter is that this property has been used as a place of worship since it was built. It was first used by the nuns of the Assumption Chapel; next, it was St. Kiernan's Catholic Church, which I got married in that church in 1974; and since 1978, it was St. Jude Melkite Catholic Church. Placing the designation on the building has to bearings on the practice of religion that goes on inside that building. The placing of the designation does not substantially burden the people 's right to City ofMiami Page 181 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 practice religion on this property. I must remind this Commission that the constitutionality of your historic preservation ordinance is not at issue here today. It is not a matter for you to decide, nor should it weigh in your deliberations and ultimate decision. That issue is left to the courts, and we already know what the courts have said. Your role here today is to make sure that there is substantial competent evidence on the record to support the designation standards in your ordinance and not be -- and not rule or be persuaded by any constitutional arguments. The standards. Section -- I'm just going to lay out the standards, andl'm going to let them, my experts, give you testimony on these standards. Section 23 for your City code sets forth the criteria for designation, andl will briefly mention that properties may designate a historic reserves, historic districts, or archeological sites only if they have a significance in the historical, cultural, archeologic [sic], paleontolical [sic], aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association, and meet one, one of eight enumerated criterias [sic]. In order for this board to designate a site historic, it must find that there is substantial competent evidence on the record to meet these criterias [sic]. Your professional staff in their very well -documented report, concludes that this application meets the general criterias [sic] and three of the enumerated criterias [sic]. Your staff report is, in and of itself substantial competent evidence that you may rely on. In addition to this criteria, our expert testimony will also show that the obligation meets the follow -- this -- the following two criterias [sic]: The site of a historic event with significant effect upon the community, city, state or, nation, and it contains elements of design, detail, materials, or craftsmanship of outstanding quality of which represent a significant innovation or adaptation to the South Florida environment. There is a provision in the code that exempts churches, okay, from designation, except if the religious property derives primary significance from architectural or artistic distinction or historical importance. You heard your expert say that the designation report for the -- say -- and establish in the designation report that this property is -- drives -- or establishes its primary significance from the architectural and historical importance. You would also hear our experts testify to that effect. So without any further ado, I would ask Mr. Richard Heisenbottle to please step up to the mike and present you with his expert testimony on architectural issues. Richard Heisenbottle: Thank you very much. Commissioners, I know it's late. Ladies and gentlemen, thank you also all for coming. My name is Rich Heisenbottle. I'm president of R. J. Heisenbottle Architects, with offices at 2199 Ponce de Leon Boulevard in Coral Gables. Many of you have known me for a long time and know that my passion for historic preservation matters and today is one of those very passionate days, I'm afraid. It's passionate because I truly feel honored to, along with Paul George, who is also part of our team of experts, to present to you our assessment of architectural, artistic and the historic significance of St. Jude Melkite Catholic Church. I think you've heard enough, especially in the last six months, about the designation criteria, so I'm not going to read once again the designation criteria, except to say that I disagree with staff. I disagree with staff in thatl don't believe that St. Jude meets only three designation criteria; I believe that St. Jude meets criteria (1), (2), (3), (5), (6), and (7), andl'm going to show you that right now. I also am going to show you that, beyond a shadow of a doubt, it meets the criteria for exemptions; that its significance is derived not from the fact that it happens to be a Melkite Catholic church as a parish; it meets the criteria because significance, its architectural, artistic, and of historic importance to the City ofMiami, unique historic importance to the City ofMiami. Designation of religious properties is not an unusual thing, and we all know that it can only be justified by those three criteria, so we have no argument when it comes to that. Within the City ofMiami alone, we have many fine examples of historic churches that meet this criteria yet, in none of these churches has historic designation prohibited the congregation from practicing their faith. In many locations, Christian churches have been converted to synagogues and even mosques, and that has not prohibited their parishioners from practicing their faith, nor will it ever do so at St. Jude. The 14 religious institutions listed on the slide that you have in front of you -- I'm not going to read them all -- but they're all already listed on either the National or the Local Register of Historic Places within the City ofMiami. You all know them. You know them all. You've seen them and you've attended many, I'm sure. Now, Dr. City ofMiami Page 182 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Paul, who could not be with us today -- Dr. Paul George, I think everyone here certainly knows him. Dr. Paul had a vacation plan that -- in Spain that conflicted with today's hearing so he's not here. But he's asked me to repeat for you some of the information that is contained in the letter that Gil passed out and put into the record earlier, and some of that information on the history of Bay Haven, as this was known is the same history that staff pointed out to you earlier. Yes, the property was originally owned by Dr. Jackson and later on it became the home of a famous writer, Arthur Brisbane, and of course, the Academy of the Assumption in 1942 and St. Kiernan in 1976, '77, then sold in '78, and then of course the rededication as St. Jude Melkite Catholic Church in 1978. That interesting little history there, though, tells us something else: There's more to come for this church. If in the time of these short years that it's already been in existence it has served many wonderful purposes for the City of Miami and for the parishioners and their -- who have attended it, we can rest assured that that should continue; that that will in fact continue; that perhaps even the St. Jude Melkite Catholic Church may not always stay the St. Jude Melkite Catholic Church. Paul would tell you that this building meets criteria number (1) because it is associated in significant ways with the life of persons important in the past, and that list of persons reads like a who's who in many ways. It talks about folks that are in fact bishops. It talks about saints. Mother Teresa. It speaks to presidents, some would-be presidents, some former governors and their families, even some entertainers and some baseball players, can you imagine. The point of all this, though, is if you took one, just one, you might say, "Well, it's" -- "You know, what's the significance?" But when you take them all and you put them together, I would tell you there's a preponderance of evidence that there's something significant about this place. There's something historically significant because they all participated there. But I think it's also important to note that this also relates to the architecture of the place. Why did the Bush family choose to have their wedding there? Why did Mike Piazza choose to have his wedding there, or Madonna choose to have her child baptized there, when we all know any of these people could have their weddings or baptisms or -- anywhere in the world? Because this was an architectural gem that they absolutely enjoyed being in, practicing their religion in, and were proud, very proud to have their wedding and such important occasions in. Criteria number (2): Paul would tell you that this was a site of a historic event with significance [sic] impact upon the community, upon this City. I would submit to you that there was no more important event. There was no more important historic event in the City ofMiami than Pedro Pan. And the Assumption Academy bore firsthand witness to the largest Exodus of children from the western hemisphere in Operation Pedro Pan. At Christmas 1960, the request of Father Bryan Walsh, Mother Elizabeth agreed to house and feed Cuban refugee children here. Many of those girls later received scholarships and attended the academy. And when Castro expelled the Carmelite sisters from Cuba, the Sisters of the Assumption took them in. This is incredibly, historically significant stuff because we all know that that Exodus changed the shape, the face of this community forever, and I think we're all proud of it. Criteria (3): Again, decisions of the Assumption participated in Operation Pedro Pan by helping their Carmelite sisters that were expelled from Cuba, and St. Jude Melkite Catholic Church exemplifies this historic, political, economic, and social trends of the community, the trends of this community that reshaped Miami over the past 50 years. Criteria (5) embodies those distinguishing characteristics of an architectural style for a period or method of construction. The Academy of the Assumption Chapel, architecturally style -wise, is perhaps best described in this 1946 article in the Miami Daily News. "The Chapel, which is Romanesque -Gothic revival in style, was designed by Henry Dagit & Sons of Philadelphia is being constructed of reinforced concrete and will be faced inside and out within the Indiana limestone. It has exposed concrete ceilings, the first to be constructed in the south." Now that might not be entirely correct about the first concrete building to be constructed in the south, but that's what that newspaper reporter thought at the time. The Chapel consists of the nave and the transepts and one main altar and two side altars with marble facings. The altar railing will be of marble four inches thick and the floor will be terrazzo. In the rear will be the sacristy and the work rooms. The areas, which will be two stories in height, will be provided for priest living quarters on the second floor. The Chapel will have all the features of the churches of the Middle Ages carried out, as staff said before, in a modern media: concrete. And here we see a comparison of the plan on the left, which is the Chapel of the Assumption, and the plan on the City ofMiami Page 183 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 right, a very typical plan with continued -- with all of the pieces of the puzzle, so to speak, in the right place, the cruciform plan as we all know it. And yes, this building is a little bit different in many ways. It is not some picture perfect Romanesque -style building. It is -- it does not have the arcade on either side, one, because it's the Chapel and two, because it is built out of concrete, and we no longer needed those columns. And so this plan that you're looking at right now is an excellent example of a scaled down version as is the detailing on the outside of the building. Is there exquisite windows? Yes. They vary from round -top windows to Gothic arches, but that's something that was in fact not uncommon, because within the Gothic cathedrals of the time and Romanesque -Gothic revival style, it took hundreds of years to build some of these churches. And during those hundreds of years, the style was changing. So it is not uncommon to see round arches and pointed arches in the same building of the same height stretching down. And I'm not going to bore you with the churches that that occurs in, but suffice it to say that you can all -- we can all understand that this style of Romanesque changed throughout history over the hundreds and hundreds of years. Criteria (6): An outstanding work of a prominent designer or builder. Now, the appellants would have you believe that the Dagits, in particular, were not Henry Dagit, Jr., in particular, whose name is -- he's the man who signed and sealed those drawings. He's the architect of record for this. They would have you believe that he was not a significant architect. I would have you believe that he very much was and his firm very much was, as well. He was well educated, first at Drexel Institute of Technology in 1913; later at the University of Pennsylvania in 1916. When his father died, Henry, in 1929, took over leadership of the firm. And St. Jude is not the only one of his many churches to be considered eligible for historic designation. It is his personal signature that appears on these plans. Here you see Sainte -Anne's Church and rectory and school in Washington, D.C., another outstanding example of his work. Here you see the Cathedral of Christ the King in Atlanta, Georgia, which, in 1937, 1938, a very Gothic revival building, was called by Architectural Record as "The most beautiful building in Atlanta." The interior that we're looking at here right now, the Cathedral of Christ the King interior in Atlanta in 1937 has tremendous similarities to what we see right here in our own Assumption chapel. The stained glass windows, the artistic nature of this stained glass and the artistic nature of all the details in this building carved in one of the richest materials we have here, Indiana limestone. The drawings are exquisite. I think you can appreciate that it took serious architectural knowledge and understanding to create these wonderful documents, and it took even more significance to construct this building. Criteria (7) contains elements of design and detail and material craftsmanship of outstanding quality or which represents significant innovation and adaptation. Well, this doesn't represent adaptation to South Florida environment, I will tell you, but it most certainly contains elements of design, detail, materials, and craftsmanship that are second to none. The design and materials include clad Indiana limestone, one of the finest materials we have -- most of our government buildings in Washington D.C. are still built of it -- carved -in limestone statuary, architectural detail, architectural concrete coffers, and exquisite stained glass windows. Now staff has chosen not to designate the interior of this building, but I will tell each and every one of you that it's just as eligible for designation on the interior as it is on the exterior, as you can see from these photographs. Integrity. It must continue to have integrity. The National Register of Criteria for integrity uses the words "evidenced by the survival of physical characteristics." You see the area in pink over here is, of course, the one that we're referring to. The appearance of this Chapel has not significantly changed. The construction of the cloister courtyard by architect Hervin Romney only touches the Chapel in one location, one very small location. The existing "S" Tile roof as inappropriate as that may be, is a minor modification that can be corrected in future re -roofings. We certainly know that that sort of tile would not have been approved by your Preservation Board, and that's the exact kind of reason that we need to designate this building to assure everyone, to assure the City ofMiami and future generations that this building is handled properly, that it is going to be a good custodian for the future. So what is the primary significance of the Academy of the Assumption Chapel, now named St. Jude Melkite Catholic Church? Well, the appellants have told us in the previous hearings that the integrity of design has been irrevocably destroyed. To that I say "nonsense." They have said that the primary significance of St. Jude as a parish is its -- is the fact that it is a parish for byzantine orthodox, City ofMiami Page 184 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Catholics. And to that I say, "It is much, much more than that. It is much, much more than that to this community." The appellants take issue with staffs description of the building as Romanesque style. They say that its significance as a small girls' school, the Academy of the Assumption could not have had a significance in the overall housing of the girls who came here during Operation Pedro Pan. To that, I again say, "It had a tremendous significance." Commissioners, the appearance of this building architecturally has not significantly changed. It retains the integrity that it had the very first day that it was built and we urge you to designate this building and protect it in perpetuity. Thank you very much. Applause. Chair Sarnoff All right. Thank you. Are you done with your --? Mr. Pastoriza: No. I have Mr. Borges and Ms. Parks. Those are my three experts. Chair Sarnoff Okay. Mr. Pastoriza: Reynaldo Borges. Reynaldo Borges: Honorable Commissioners, for the record, Reynaldo Borges, with Borges and Associates, at 1200 Brickell, Suite 1525. Thank you for taking the attention to hear this item, which is so important for us. My testimony primarily comes from the perspective of someone who has considered himself to be a parishioner, even though right now I'm proudly an ex parishioner based on current standards. I met my wife. I married in this church 26 years ago. By the way, for the record, I am an architect, and I've been an expert in this case so far. And I'm so thankful for Richard taking this job on, 'cause I felt, certainly, I didn't have the depth and credibility that Richard has in this issue. But my work for this is totally pro bono and it's significantly with the interest of the historic designation and the protection of this church, and that's what I want to articulate to you today as a Cuban -American architect who got married with a Middle Eastern architect in this church and also baptized both of our daughters, Sophia and Camila, in this church. So I bring a very sort of personalized perspective to this issue, and there's so much love and care on both sides of this issue that you'll hear tonight, but I want to make sure I emphasize why I think the designation makes sense. Churches and architecture surround us. I mean, architecture surrounds us from the day that we are born, so it is -- it's intense, you know, to protect and preserve these structures. No other building type has a deeper meaning in the lives of our population and our communities than churches have. In the case of St. Jude, it has multiple dimensions of history and of collected memory for our community. It has witnessed many weddings, and baptisms, and memorials, and healing masses, and Sunday resurrections and all this collective memory, that has depth, that has meaning, that has history specifically to all the communities that have been noted in the previous presentations. Through this process and my involvement in this, you know, I've gotten to understand the depth of history that this church really has beyond the current Melkite mission that practices there. By matter of reference, I'll also tell you that I was president of the -- and chairman of the building committee for a while. I have sat, you know, in the parish council. I have dealt with church business and given lots of my time andl was also commissioned to design their new byzantine church in Delray by Father Gabriel, and unfortunately, Father Gabriel is not here with us today due to, I suppose, his duties in Delray. But, you know, with that intense experience that have with this wonderful building, it brings me, I think, a very unique perspective that I wanted to share with you, and told Gilberto that wanted to contribute that story so you'd consider some of these concerns that we have. Restoring these buildings is not easy, is not inexpensive. I personally have inspected the fragile and precious structure of this church. In fact, one day I got a phone call from Father Gabriel that the coffer concrete roof was actually dropping down. I mean, chunks of concrete were actually coming down. So I committed to inspect this entire roof after I would leave my office as a young architect -- this was like 15 years ago -- and intimately document all the cracks and all the conditions, which was really the first step in the restoration City of Miami Page 185 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 of that concrete roof which we later actually installed a scaffolding for almost a year and restored the entire structure. We had to remove concrete, remove rebar, restore that concrete and bring it back to life. And if you go there now, it looks like the original. I mean, we did it right. I mean, we kind of had a committee at that time that understood that unless we repaired that structure with that kind of approach that it will be a patch of work and it wouldn't withstand the test of time. What I also learned through that history in that time and that involvement is that the roof had not been repaired. So the roof which is a concrete roof was actually porous and full of cracks, and it was absorbing all this moisture, all this salty water. So, again, it has to be with -- this designation to me, it has to do with the way that we protect this structure for future generations, you know, andl think that the designation gives us that framework, that methodology. You know, many times -- because everybody knows that managing a church and running a church sometimes is financially difficult -- the means and methods that are used to repair these older structures is kind of with a handyman approach, you know, is whatl would call it, andl don't blame anybody for taking that approach because it takes hundreds of thousands of dollars sometimes to do things right, and it's very painful, and sometimes people need motivation for the fundraising that it takes for these restoration efforts. The Secretary of Interior standards provide the necessary guidelines to provide this care. And the Historic Preservation Department and the Historic Board that you have in place, to me that's the proper process, but architects live for means and methods and process, and you know, I'm sort of committed to that theory as a professional practitioner. This is not a government intervention issue. I mean, I just personally take insult to that idea, because I think that government has a role in our society, andl think that, you know, the Secretary of Interior standards and the designation of structures like this is not new. It's not something that we're inventing. It's not something that -- I mean, Richard just showed all the churches that we have in this community that are historically designated and protected with the same standards. You know, we worked very closely with staff in generating our presentation, our approach to this. Everybody, I think that is in a rationally thinking mode about this believes in the designation. I think we have the backing of all the institutions in this community that are pro preservation, preservation of structures, preservation of the history that these structures embody. You know, I think St. Jude is a sanctuary on Brickell. I mean, my office is on Brickell. One of the things I wanted to do -- I use this technology to fly for projects, and actually, this is three-dimensional, you know, robotic image that was shot right over the site of St. Jude. And the reason I thought this was important is because, you know, we're sitting here in the abstract, kind of talking about the context and the beauty of this church and how precious this church is within the context of that site and this is the only remaining part of that historic site, because we know development forces of the past, you know, have developed and conquered the neighborhood. It's a beautiful neighborhood. I mean, there's no other site in this neighborhood for a church of this stature, and if we were in the future to lose it -- because, you know, if we don't designate it, it could be lost. I mean, I personally believe the bishop could write letters and say a thousand times that he will not destroy or sell or demolish, but the only thing that protects this long-term beyond my lifetime and the bishop's lifetime is the designation. That's the only thing that will protect this structure, you know, not -- I wouldn't say eternally 'cause, you know, structures do have a life span, but it -- you know, it's something that I think is worthy in this community to protect for all the many reasons that you have already heard and that you will continue to hear. You know, in closing, I mean, I think that the voting "yes" in this matter to designate a historic monument for our City, you will be helping to preserve the history of this City, the history of the Cuban -American immigration, the schooling, all the layers of history that have been described to you are protected by allowing this facility to be designated and allowing it to be taken care of with that proper care, and for me, that's what it's all about. I mean, there are -- the only reason that we have looked at development bonuses and heir rights and things like that is sort of trying to be creative and trying to establish methodologies to allow the bishop and the pastor to understand that, really, this is not the end of world as we know it if we designate it; that there is life beyond designation, and those of us involved in this effort are committed long-term towards this effort. This is not just we want to designate and walk away. I mean, we're willing to really walk the talk here and be part of this community long-term. Many people that you'll hear from tonight are people that City of Miami Page 186 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 we love, that we care for, that we respect, and we do this with utmost respect for an effort, but we really felt the designation was a necessary means and that's why we're doing this. And thank you so much, andl hope you agree with us in this matter. Applause. Mr. Pastoriza: Ms. Parks is going to speak to you guys now on the historical nature of this property. Arva Parks: Mr. Chair, members of the Commission, it's always a pleasure to be here before you. My job, not surprisingly, is to talk about the criteria (3), historical, cultural, political, economic, and social trends, but to also say what Rich Heisenbottle said. You all know me and you know that I'm a passionate person when it comes to historic preservation. And l just saw that picture of the church that we just saw and across the street are two of the very first designated buildings that the City ofMiami Preservation Board did: the Nolan House and the Petit Duoy, and that makes a wonderful entranceway that kind of freezes a little piece of our history. I always learn new things, and that's what makes what I do so interesting. I didn't know much about the Academy of the Assumption, except that I think I've seen that building there; as long as I can remember, it has been in that location. But in doing the research and with the wonderful research that your staff did, I was so impressed with the whole philosophy of doing something to educate women, so this has a little women's role in here that I wasn't aware of before; that a solid academic program in modern methods providing the necessary education that would enable a woman to take her place in society. That seems particularly appropriate since Mary Brickell is the one that built Brickell Avenue, one of our most important women. It was not the first Catholic girls school in Miami. The first one was St. Catherine's, which was -- became part of Gesu. And Gesu, it disappeared completely, and then there was no Catholic girls' school in Miami. There were really only parish schools and only a few of those. There weren't many Catholics in Miami. When the sisters decided to come to Miami, they had been issued -- heard previously -- had worked with the professional people. They picked a good spot. Brickell Avenue was still Millionaire's Row. There's a wonderful picture I saw recently where the church was there, and the very first high-rise down by Rickenbacker Causeway was there and the rest was green and the millionaires' houses. Nineteen forty-six, that was right after the war, but the sisters arrived in 1942 and began to bring in young women for education. I think they probably did a pretty good job on -- with women -- with girls, as they proposed to do for the group of women that are here today, but there's another person that I found that had attended there. I just have to tell you 'cause I know you all know her. Lynn Lewis. Lynn Lewis, who is not your shrinking violet of a woman, she attended it before Castro. She was there in elementary school. She was there when the Castro revolution occurred. So I think of this as layers. If you think of it as a repository, as a safety deposit box for our history, the decks layer, of course, is our -- is the connection with Pedro Pan. As a Miami historian, I've always said the two most important events in what has shaped the Miami of today, the first would be the arrival of Henry Flagler's railroad and the second would be the arrival of the Cubans because that's what changed Miami into the dynamic city we are today. I was a teacher in high school when that occurred, andl had many of the Pedro Pan students, andl had a special appreciation from that day forward. Father Bryan Walsh in one of his books said that he was driving down Brickell Avenue, as so many of us do every day, and he was working on the Pedro Pan group, but he saw the Academy of the Assumption and he said, That's it. "He knew they would be away for the Christmas holidays, and he needed a temporary place to put some of the Pedro Pan students. This is Christmas of 1960. He said he didn't tell the sisters that they might include some boys, but they were there temporarily. The following year Maurice Ferre allowed the Pedro Pan young men to stay in a -- still one of the mansions that was right cross the street from the chapel. And there have been -- some of the Pedro Pan have written about this in how they went, ate breakfast, and then they walked to Gesu, and then they would go there for dinner so that they were a part and they worshiped too in the chapel. You've heard about the Carmelites. I won't repeat it. But they lived there. Our wonderful Bishop Roman spent a lot of time there. Many of the things that he planned happened while he was living there in Bay Haven, which was the City ofMiami Page 187 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 original house. I won't go into Mother Teresa because someone else has a letter that the sisters actually wrote. I'm a historian; I like to see documentation. You can say this happened, that happened. Well, when you hear this letter, trust me, it happened. I don't think sisters make things up. Then very recently -- and many of you were there -- 15th Road was dedicated to Elly Chovel because of her role in the Pedro Pan. I don't think that historic street, and this historic building and the historic neighborhood has anything to do with that. I think, too, you need to talk about the St. Kiernan, which is a wonderful parish right down by the shrine. As I said before, there weren't a lot of Catholic schools in Miami until our population changed, and the proliferation really of Catholic girls' schools is what caused it to (UNINTELLIGIBLE). I have a quote from Sister Martha Enriquez when the Melkite church mission became interested in it. "We didn't want anything to happen to the church. We are very happy that they, the Melkites, bought it." So now we have another layer. We've already had the Assumption, then we had St. Kiernan; we had the connection with the Pedro Pans and now the Melkite. The first mass was celebrated even before title, and it was rededicated in 1978. One of the thing -- I believe it's on the wall. I've seen the list -- are the donors. Again, to me, these buildings are people. They're repositories for people and history is people. The donors included names that we all know, like the Anthony Abraham family, who have been so magnificent, the Korge family, the Alias family, Drs. Alias. These are all donors to build this. These are all people who made a difference in Miami. They're ours. In conclusion, we have an ordinance and, in my expert opinion, this clearly meets the criteria (3), which is what I'm speaking to. The City ofMiami has been a leader in historic preservation, and I'm very proud to have served on your first Preservation Board, and like to even push some of the other places and say you have more historic districts than anybody and many more buildings. There's something special about a church in a community. It is a landmark. Think of the places that you go into, other people's cities, how the churches stand out. They become important landmarks. This -- after the -- recently, the terrible thing in Boston, the Boston Slaughter, it was very -- that building that was in the scene frequently was Old North Church. And Old North Church, as we all learned in the midnight ride of Paul Revere, you know, "One, if by land, and two, if by sea, " there it was in the midst of a growing metropolitan era. In a time of tragedy, the people came into that religious facility, which is just a landmark to many people and not a religious facility. I hear thing -- you know, ifI had a dollar for every time I have spoken to a group when people did not want to be designated, I would be retired in France. There are six -- there are ten listed churches, plus the National Register ones, and two of them already have changed. We talked about Bryan Memorial Methodist Church in the Grove. It's now a synagogue. Now, I think that speaks so well to why you save historic buildings. In Overtown, Ebenezer Methodist Church, which is listed as now the House of God of Nazarene. We don't know the future, and we certainly hope that the Melkite Catholic Church continues to thrive, but if some reason -- I'm sure the Academy expected it to be there forever too -- if for some reason that doesn't happen, if the building is preserved, then we know that another layer that someone else would come into it. I also feel as you, our leaders, it's so important for you to explain to everyone when you read some of the rumors that have been going on and the misinformation and the fact that you can't do this and you can't do that and everything is, you know, fall down and you can't do this, I count on you, as you have before, to educate the community to say, Yes, we have an ordinance; yes, this meets the criteria; and yes, it is for the good of all of us." Thank you. Applause. Mr. Pastoriza: Commissioners, in summary, you can make history tonight. All great cities have preserved places of architectural and historical significance. You can contribute to the greatness of this city and leave a legacy for future generations to enjoy by designating the architectural and historical jewel historic. Thank you. Andl would like to reserve some time for rebuttal. Chair Sarnoff Thank you. All right. Applause. City ofMiami Page 188 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Just allow the opposition to go and then I'll open up a public hear -- well, we'll go to rebuttal for a short time and then we'11 open up a public hearing. You're recognized. There you go, you're up. You're up, you're up. Is that you? Unidentified Speaker: Yes. Thank you. Chair Sarnoff You want some water? You want a sandwich? You want a --? We're here to serve, you know. Juan Muniz: Well, first, ifI may, good evening. My name is Juan Muniz, with law offices at 2 South Biscayne, Suite 3400. I'm here with my partners Heidi Knapik Davis -- correction -- Davis Knapik, I'm sorry. Unidentified Speaker: Perfect. Mr. Muniz: And Simone Ferro. Thank you for the water. As a housekeeping matter, I'd like to incorporate the entire recordfrom the prior two proceedings into this record. Chair Sarnoff Can I just say something to you, counsel, 'cause I've had a lot of people (UNINTELLIGIBLE) and don't know if they've read the recordfrom the previous transcripts or the previous hearings; I have not, so I expect to be persuaded right here, right now. Mr. Muniz: Well, the presentation is generally the same, but there were some parts of the City's presentation that was made before that's been videotaped and was -- is part of their reports and it was part of their prior presentations before the HEP Board, which is on appeal right now, so this is an appeal of a prior decision. It is de novo; people can put on new evidence, but the prior evidence already submitted is -- Chair Sarnoff My understanding, for the City Attorney just told us, is this is a de novo hearing. Mr. Suarez -Rivas: That is correct. The Commission can consider new evidence and should consider the evidence submitted this evening. Chair Sarnoff And all I'm warning you of is I have not read, watched, discerned, looked at the previous record, so I give you that warning. Mr. Muniz: Understood. I'd also like to submit for the record all of the -- Chair Sarnoff Now, if we give that to Commissioner Carollo, we'll move back (UNINTELLIGIBLE) while. We could take a break. I don't think he's read it either, but I won't speak for him. Mr. Muniz: We have 1,500 signatures from all parishioners, people who attended -- attend the church, who actually go there, live in the neighborhood, live in Brickell, in the Roads area and other parts of the City of Miami. Mr. Chairman, Commissioners, on behalf of St. Jude, I'd like to thank you. I'd like to thank you in advance for your thoughtful and honest consideration of the matter that is before you. St. Jude is here today defending its rights under a very peculiar set of circumstances. We're defending our rights in a scenario where someone other than the property owner has applied to the City to ask government intervention. They're asking for the government to intervene in the life of the church, to take away its property rights. Now, they say a historical designation doesn't take away property rights, but in the same presentation, they tell you that this tile roof is unacceptable. That's not good enough. That's the tile roof that have on my house in the Roads. But that roof is not good enough, because the Historic Preservation Board would expect a roof that's probably three times as expensive, and that's why the church is here. That is City of Miami Page 189 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 a property right that's being taken away. And I'm not going to get into constitutional issues here, takings issues here. I'll be happy to enter into a dialogue if you wish, but I'm not here to make threats. The Penn Central case holding wasn't exactly as it was told to you. In Penn Central, the United States Supreme Court held that in that instance, historic preservation of Grand Central Station, which was already an intensive use, was not a taking, but it did not hold that historic preservation ordinances could not become takings. It actually held that it's an ad hoc decision, a decision to be made when you balance all the conditions present. In that case, you had Grand Central Station, a very intense use, a historical monument. And in that instance, the court said, "No, it's not a taking." Here you have a religious property. You have the -- you have a scenario where it isn't just property rights that are being affected; it's religious expression. And I'll show you how religious expression is affected. But don't be misled. Property rights are being taken here. And whether they're -- it's legally wrong or just morally wrong, it's wrong. It's especially wrong when it's a third party who isn't an owner, who's asking the rights to be taken. And it's really hard to believe that the Pedro Pan event, such an important event in our Cuban -American history, an event that stands for liberty, is being used to justify government intervention in our property rights. Applause. Mr. Muniz: I mean -- Chair Sarnoff Okay. I'm going to give you guys a recommendation. I don't mind a clap here or there, 'cause I won't be able to stop you, but don't do that, okay? You guys have been so great today. Wasn't government exciting today? All right, so it wasn't exciting, but you know. Go ahead, proceed. Mr. Muniz: Now, as I've already told you, St. Jude objects because of the economic hardship, and it's already been demonstrated what kind of economic hardship would come every time we want to make a repair, every time we want to restore, every time we may want to expand. You know, the sanctuary doesn't have bathrooms. We'd like to add bathrooms. Do you think the HEP Board would allow us to add bathrooms, and if so, under what conditions and at what expense? We would like to add a Baptistry. The Melkite Catholics, as opposed to the Roman Catholic rite, are more like the Byzantine Catholics, like Saint Sophia. We baptize with full emerging. We don't have that right now. We've never been able to expand the church. We've never been able to afford it. We would like to do that one day. Do you think the Historic Preservation Board would allow us to do that? Do you think if they don't, that would be an infringement of our religious rights? Let me go to slide 3. One of the reasons that I'd like to incorporate the record from below, but I'll read this into the record since I understand the Commissioners would like to hear this, this is a quote that I lifted from the designation report, because it really does make our point. I can't read the screen, so I've got to get a copy of it in front of me. I got it. This is a quote from the report and it actually quotes Denis McNamara, an architectural historic -- historian who specializes in Catholic churches. He reads, It is import" -- or the City's report reads, It is important to highlight the significance and role of the church building itself to the Catholic faith." According to Denis McNamara, an architectural historian specialized in Catholic churches -- and now, this is a quote from Denis McNamara: "Architecture is the built form of ideas. Church architecture is the built form of theology, that it must be understood that liturgical architecture is indeed liturgical, designed according not only to the physical requirements of the ritual action but to the very theology of the liturgy in all of its many dimensions. By definition then, church architecture is intimately bound to the teaching of the church and the traditions handed on from generation to generation. "And it's that meaningful aspect of architecture to a religion that perhaps is the reason why there is a significant exception to historic designation that just keeps brushed -- gets brushed over by our opponents. They say 'Primary significance" in one breath, but they don't tell you why it's primary significant. They don't weigh it against all the things that are significant. They just tell you it's -- `primary significance is not a church." Have you been to St. Jude? Have you been to the 6 o'clock mass? City of Miami Page 190 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Standing room only. The parish has grown. Well, Father Daymon will tell you how much the parish has grown in the last couple of years. It's a thriving church. First Presbyterian Church on Biscayne -- on Brickell, on the other hand, when it was designated, its congregation -- they don't call it parishes -- its congregation had reduced in size from 1,400 to 120, and today it's 60 members. That's an example of where the primary significance really did cease being religious and became the fact that Henry Flagler donated the land and it was the first church in Miami. That's not the case with St. Jude. We object to the designation also because it's simply not necessary. St. Jude was created by the Melkites. St. Jude was saved from development by the Melkites. Mr. Borges testified of the loving care that the churches received without historic designation and that will proceed in perpetuity. There are no plans to sell this church. There is no desire to sell this church. The Catholic Church does not sell its properties because they've become valuable. They don't sell its art because it becomes valuable. If a church is thriving, that's the churches mission. Now, let's talk about the eligibility criteria. Got myself lost now. Well, I think it would make it easier -- I'd like to hand out, ifI may approach, copies of the historic preservation ordinance, and I'd ask you to please turn to page 7. You'll see that Section 23-4 gives you the criteria for designation, 23-4(a), to be exact. But if you look at 24 -- 23-4(b), it gives you the criteria exceptions, and excepted from designation, from the criteria above are churches. "Ordinarily properties owned by religious institutions or used for religious purposes shall not be considered eligible for listing in the Miami Register of Historic Places." That's an exception to the criteria listed above in Section "A." There is an exception to the exception. To designate a religious property as a historic resource, the City staff and the applicant have a very difficult burden to meet. If a property is owned by a church -- doesn't even have to be owned by a church. If it's owned by somebody else and leased to a church and used by a church, it can only be eligible for designation if the religious property derives its primary significance from architectural, artistic distinction or historical importance. You can't gloss over that 'Primary significance" part. Now, I know I don't need to do this, but it makes me feel better, 'cause we all know what `primary" means and we know what "significant" means. `Primary" means first, number one highest in rank, and "significant" means important. So what does that exception require? It requires that the St. Jude Chapel can only be eligible for historic designation iif from all of the things that make it important, its architectural or artistic distinction or historical importance are the highest number one, rank first on the list. And the number -one ranking aspect that makes St. Jude important is the fact that it is a religious institution. It's the house of God. It's where we, everyone in this room, comes to worship. Well, not everyone, but most people. Our expert testimony will show clearly that the property's primary significance is not most certainly its architectural or artistic distinction or historical importance. St. Jude's primary significance is it's a Melkite Catholic church and is a shrine to St. Jude. It'll show that St. Jude is not eligible for designation and under any other criteria enumerated by the City codes or staffs designation report or appellant's designation report. As you listen to the testimony, we will address the criteria that staff and the appellants have applied. We'll address it so that you can have context, and we'll address it to preserve our record for appeal, quite frankly. But I'm going to read the criteria for designation, (1) through -- what was it? (1), (2), (3), (5), (6) and (7). Okay, they threw everything up on the wall hoping something would stick, but it won't, because what's important in number (1) isn't that famous people go to the church, or famous people went to the church or that Mother Teresa, a very strong and important religious person who is not a saint but will be a saint soon, is associated with the church or went to the church, but it's -- the question is, Is the church, is the property associated in a significant way with the life of the person? That's the question. It's not whether Mother Teresa went there or Jeb Bush, Jr. got married there. That's not the question. The question is whether the church, whether the property is associated in a significant way. Chair Sarnoff I don't mean to interrupt you, but am following along with you, and you had said the seven criteria. Andl guess there are something called "seven criteria exceptions" and then there are eight criteria designations. I want to make sure I'm reading along as you want me to read along, so you want me up in the criteria designations, right? City of Miami Page 191 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Muniz: Sure, yes. Chair Sarnoff All right. Mr. Muniz: And the reason I want to address these is, as you hear the rest of the testimony, I just want you to understand -- Chair Sarnoff Number (7) and (8) were closed. I wanted to clarify the record for you, 'cause I think you meant to say "the eight criteria." Mr. Muniz: Well, I said of the eight, they named seven. Chair Sarnoff Oh, I'm sorry. Okay. Mr. Muniz: They named seven. Chair Sarnoff I apologize. 'Cause the other one had seven. Mr. Muniz: I may have misspoke. I'm -- Chair Sarnoff Okay. I want to be where you want me to be. Mr. Muniz: I appreciate that. Number (2), it's not about whether there were any Pedro Pan children that were at the school. The question is that this is the site of a historic event with significant effect upon the community, the site of the event. This was not the site of Pedro Pan. Testimony -- andl want to put something into the record here, the article. Oh, I think might have it. I have a copy. Yeah. Father Walsh's oral history. I'm not going to read the whole thing to you. They didn't read the whole thing to you. I'll read to you the last couple of sentences here or the last sentence from Father Walsh. I'll put the whole thing into the record. If you want to read it, you can, but I'm not going to take the time. Chair Sarnoff Put it into context as to what they quoted and what you'd like us to read. Mr. Muniz: Well, they quoted that this was a significant place where a lot of children from Pedro Pan were housed -- Chair Sarnoff Okay. Mr. Muniz: -- that Father Walsh -- Chair Sarnoff I remember that. Mr. Muniz: -- Mon Senior Walsh. Chair Sarnoff Now you want us -- just tell us what -- the part you want us to consider. Mr. Muniz: As it turned out, we never had to place boys there, and the few girls we did place there were out by January 6. They were allowed to be there between Christmas Eve and January 6, and it was just a few girls; wasn't 200 students. This was not the site of the significant event. Pedro Pan is a very significant event. Some of the people I admire the most are Pedro Pan children. It's hard to understand how you could try to take this event and use it to just to take the rights of a church away and restrict its ability to express its religion. I'm sorry, but I'm -- anybody that knows me, I'm -- knows I'm very passionate about property rights, and I'm even more passionate about my church. So if my passion gets a little overzealous, I apologize. Now, I'm going to go ahead and introduce our witnesses. First, Father Damon is going to tell you City of Miami Page 192 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 about what the primary significant of the property really is. Father, do you have enough energy remaining? Damon Geiger: Thank you for the opportunity, Honorable Commissioners. The owner of the church is the Diocese of Newton, the Melkite Church, and the head of that church is the bishop. He should be here speaking, but he is excusing himself because we've had an emergency in the Middle East. Most of our bishops had to go there because we've lost three diocese in Syria because of the wars going on, and he came back recently from that and is not able to be with us. He was here last time, so I'm giving you his ideas. My name is Reverend Damon Geiger. I live at St. Jude Church, 1501 Brickell. I'm the pastor of St. Jude Church. We're a Catholic church but of the Eastern rite, Melkite Greek Catholic. We're under the Pope. Our bishop is appointed by the Pope and must answer to him. The Pope's picture and flag are in our church, and he's prayed for by name at the Divine Liturgy. However, we're not Roman Catholic. Our liturgy, our rituals, and our costumes are different from those of the Roman rite, but we welcome people of all nationalities and backgrounds. We want it to be made clear that St. Jude Parish, as well as the diocese to which it belongs is not seeking historical designation for the church building. We, as the owners of the property object for several reasons. First, the proposed designation would increase our operating costs, making maintenance, repairs and restoration excessively expensive. Designation will also make it very difficult for us to expand our church to accommodate our growth or make structural modifications to conform to our liturgy and religious beliefs. For example, a dome on the church or the larger baptistery that was mentioned, restrooms within the church, the iconostasis. The fact that we don't have three-dimensional images in our churches would involve taking the statute of Mary off the front and putting an icon there. We never had the money nor do we really have enough at present to do all this, but we don't want our future generations to be prohibited by the government from adding these things. According to the national and local criteria for historic designation, churches are exempt, has been underlined from being designated as historical protected buildings, unless their primary significance is that of architectural history. That was put into the thing to protect the church and the separation of church and state. The primary significance of our property is religious. Our property is a house of worship. This is the property's primary significance. It's a Melkite Greek Catholic parish, and it is a shrine church to St. Jude, which it was not at the beginning. Each day, St. Jude parish is open from 7 in the morning until at least 6 at night, and sometimes later. The church is never empty of people. There are always people who are there who come to pray, meditate, light candles, and experience God, and they come to invoke the aid of St. Jude. They seek to have their baptisms and weddings there because it's the Shrine of St. Jude, a much loved saint. Over 15, 000 people usually come on his Feast Day in October each year to our parish. They come to celebrate St. Jude's Feast Day, andl invite all of you to experience the celebration this October if you haven't before and witness what I'm saying. People do not come as sightseers for the beauty of the structure as tourists, nor students of architecture and history; they come to pray. The primary significance of St. Jude Melkite Greek Catholic Church is that it is a shrine church, a house of God for worship and religious ritual. Because it's the Shrine of St. Jude, they support and patronize it. This became a reality when it ceased being the private chapel for the Roman Catholic Academy of the Assumption and became the Melkite Greek Catholic Shrine Church of St. Jude in 1978. Before that time, people did not frequent it in any great numbers for any reason. Were the historical and architectural significance been primary, they would have been doing so, but they didn't. Only once it was made the Shrine Church of St. Jude did the people come in great numbers. Not only is it primarily a shrine church, but it's a Melkite Greek Catholic church. There are presently only two Melkite Catholic parishes in Florida and only about 45 in the whole country. At present, our parish membership is rapidly expanding more than any of our sister parishes in the United States. Our largest Sunday Divine Liturgy at 6 o'clock p.m. in Spanish is already overflowing the capacity of the church, often with standing room only. We must have the freedom to one day expand the church building for our needs, if it becomes necessary. Further, as a Melkite Byzantine church, there are necessary adaptations to fit the building for the requirements of our liturgy and traditions, as we mentioned, the Baptistery -- I can't drown the baby in the fount we have right now; we need a bigger one -- the extended City of Miami Page 193 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 vestibule, a doom, the iconostasis, these are different from the Roman rite history of the buildings you've -- these differences in theological approach lead to requirements for the building's format. We are essentially like the orthodox churches but are politically Catholic by being in communion with the Pope of Rome. The architecture are different. So in thinking of the needs for St. Jude Church, you should consider St. Sophia Greek Orthodox Church or St. George Antiochian Orthodox Church rather than the typical Roman rite structure. So we have to have the freedom to expand the structure to adapt it to the requirements of our worship and to accommodate a growing congregation. Earlier attempts were begun to gradually make those changes, but lack of funds and other complications slowed the process. Now we're getting into a better position to do so. As we stand here today, we face the potential of being stopped by the proposed designation or hindered in it. Our bishop stated publicly in this room, under oath, and expressed in writing that there is not, has not been, nor ever will be any intention of selling the church. And keep in mind he's the only one who could start the process of selling the church. If he decided he wanted to sell it, he couldn't on his own. First, he'd have to check with the Board of Consulters of the Diocese. He'd need their permission. Then because of the cost of the church, we would need the permission of Rome. So our bishop can't just tomorrow, a new bishop say "I'm going to sell St. Jude church." He can't. He can't. So there's no danger of the church being closed, sold, or destroyed. We saved that building as Melkites by purchasing it when the academy closed and sold all the rest of the property to developers. It could have been sold and developed already. There has been no evidence at all ever presented as to any plan or pending closure or sale, which are the allegations which initiated this process of designation. Currently, we're spending $92, 000 to put hurricane -proof protection on our stained glass windows, and we're spending money to accommodate the interior more to our liturgical needs. Why would we be doing this if there's any idea of closing the church or selling it? We are the fastest growing church of our diocese. And there's no danger that the neighborhood is going to turn into slums or that nobody's going to be living there, so there will always be a community there. Please respect our religious freedom. If you go ahead with this designation, this would be the first church in Miami upon which historic designation would be forcibly imposed contrary to the vehement opposition of the owners and the whole parish family. Thank you. Applause. Mr. Muniz: Next we'd like to call Dr. John Garner. Dr. Garner is a preservation consultant and professor emeritus of architecture at the University of Illinois, where he chaired the Division of Architectural History and Preservation. Dr. Garner, his expertise is without question. He typically only testifies, ifI understand correctly, or usually testifies on behalf of preservation, but he's testing here first because he sees the potential travesty here of using the designation power in the wrong way, and also because he happens to be an expert on the National Registry in how the federal government designates and our ordinance is patterned after that and, in particular, the exception for churches and the requirement that churches' primary significance be religious or that a property's primary certificate [sic] not be religious in order to designate a church. Dr. Garner. OUTBURSTS FROM THE AUDIENCE. Chair Sarnoff He's putting on an expert. Well, first, let's stand up on the microphone. Come to the mike. Mr. Pastoriza: All I want to know is if he's going to be an expert with regards to historical context, architectural context? What is he going to testify on? Mr. Muniz: Stay tuned. Dr. Garner has a master's degree of architectural and architectural history and a Ph.D from Boston University in urban history. He's going to test fy to both. Mr. Pastoriza: And he currently practices mainly where? City of Miami Page 194 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Muniz: Go ahead, Dr. Garner. Chair Sarnoff I think he can testify, and we'll give it the weight of evidence that we think it should be given. Quiet, quiet. You're not going to help your cause doing that. John Garner: For the record, John Garner, Urbana, Illinois. I'm a consultant to the owner of the property, the Diocese of the Melkite Catholic Church, and I'm here to speak in response to the designation report. And it is an exception that churches or religious works owned by religious institutions are designated, and you have that written in the language of your ordinance. But I think it's also instrumental in knowing where this language comes from, because it comes from the National Register programs. And at the time this language was put into writing, which derives from the passage of the National Historic Preservation Act of 1966, they foresaw the problem of separation church and state, and they wanted to tread very carefully on these issues. And so while it's true that municipalities have a responsibility to the public for public safety -- and this is exercised through police powers and through our building ordinances -- it rarely goes beyond that. So what you're asking for here is a designation against the wishes of the property owner, and so this is the reason why this exception appears. Now, there is, as been pointed out by counsel, Mr. Muniz, an exception to the exception. That is, if the quality of the architecture and history of this structure rises to such a level that it would supersede the importance of the facility as a parish and as a shrine to St. Jude, well then maybe you should consider it for designation. Now, it is my opinion as a specialist in the field of architectural history and preservation, also as a registered architect, just to clarify that, (UNINTET,TIGIBT,F) Chair Sarnoff Registered a what? Mr. Garner: Also as a -- I think he had a question as to whether I was an architect. Chair Sarnoff Okay. Mr. Garner: You know, in this country, you call yourself an architect if you've obtained registration. I'm also a registered architect. So having said this -- so it -- there is an exception, and that exception is if it rises to this level. And in my opinion as a specialist, it does not rise to the level of being designated as historic resource to the City ofMiami. It's not to say that the church doesn't have importance. It has great importance, as we've heard everyone speak, andl respect the opinions of the petitioners in this matter. They've spoken very passionately, and this is a good thing for the history of architecture. It's a good thing for the history of building preservation. So I respect many of their ideas, although I think they are misplaced in this particular instance. Well, you don't just need to take my word for this. There have been a whole shelf of books written on the history of the architecture ofMiami. Many of these publications have been produced just in the last decade or so, and not a single one of them cites St. Jude as a monument or as a considerable property, or in any way, as a reference to the history of the architecture of the City. And this should raise a flag. This should raise a flag. There are two books in particular that I can think of. One is "Building Marvelous Miami." This was a fine academic study. It was published out of the University of Florida Press. There are two chapters in that book. One chapter that talks about period, churches, and synagogues in the City of Miami" that are in historic styles and one that focuses on contemporary buildings. St. Jude is not included. Even a more recent publication is "Building Marvelous Miami." This is an architectural guide to the City. It was commissioned by the Miami Chapter of the American Institute of Architects. I've read dozens of guides to cities here in the United States and elsewhere. This is one of the best guides I've seen put forward. It sites nearly 700 different buildings and sites, over 90 of which are churches and synagogues. It doesn't include St. Jude. This should raise a flag. If this is a significant property based on its architecture, why hasn't anyone else -- why haven't the experts in the field of architecture and history written about it or City ofMiami Page 195 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 said something about it or included it in their books? Maybe it doesn't rise to that level because the group that put together that guide was composed of distinguished architects. The editor of the journal, Mr. (UNINTET,T IGIBT ,F), is a fellow of the American Institute of Architects, and there were a number of historians who also sat on this. It's not as if St. Jude could have been overlooked, because there were several properties that are listed in the guide that are within eyesight of St. Jude. You know, the fact of the matter is, as important as this church is to its parishioners and to its owner, it doesn't rise to the level of being a distinguished work of architecture. And I'm going to make this point by going through the various eight criteria, because I think they've already -- a number of them have been brought. I'm going to top the petitioners. I'm going to go through all eight of them, but I'm going to do it pretty quickly. I'm going to do this concisely because most of these criteria can be dismissed out of hand Might I have a -- an image -- don't know what's happened to our graphics here. But if we could go to the Mr. Muniz: Let's see if we can get the IT (Information Technology) folks. Mr. Garner: -- exclusion. So here we have the eight criteria. And just to go through them quickly here, the key language is: "Is this property associated in a significant way with the life of an important person?" Now the reason why this language was put in to the National Register criteria was so you couldn't say "Washington slept here." It had to have a more important connection. You had to have a material connection to the building; that is either through the life of living on the property, having designed it, or having managed it in some material way. You can't simply walk across the threshold of a building and say that this deserves to be -- that this is associated in a significant way; that this individual is associated in a significant way with that property. Mother Teresa may have visited the site, but she was not associated in a significant way with it, nor was Madonna. I'm talking about Madonna the entertainer, not the Madonna that appears in the niche above the portal, nor anyone else, whether it be baseball player or whatever. They're not associated in a significant way with this property. The criterion does not apply. The second criterion -- Chair Sarnoff Can I ask you a question? Mr. Garner: Yes. Chair Sarnoff In your opinion, what is "associated in a significant way"? Give me an example. Mr. Garner: Well, okay, let's take Monticello. Thomas Jefferson was associated in an important way with that national monument. He designed the building. He lived there. He managed every aspect of the estate. That's an example. Criterion number (2): Was an historic event take place -- did a historic event take place on this site? Now, this would really be the criterion that should be used in regard to Operation Pedro Pan. Now, you've heard people speak about this quite eloquently, actually on both sides of the issue. It is an important event in the history ofMiami. It's a really important event in the history of this nation. But there is a tangential connection, at best, to the chapel at St. Jude. The man who understood all of this and who kept a daily record of it was Father Byron Walsh. And in 1971 he wrote an article in which he chronicled this early operation. In the first two weeks, from Christmas Day until January 6, fewer than 50 children came from Havana by air fare -- by flight to Miami. He anticipated as many as 200. The majority of those 50 who came and, in fact, most of the children who did come were boys -- not girls, but boys -- and most of them of teenage age. You have to understand that for the Sisters of the Assumption, they were prohibited -- this is pre Vatican II -- they could not administer to boys. They could not domicile them on the property and they could not teach them. That was prohibited. So maybe a few girls were here. But if they were here, they were here for fewer than two weeks. In fact, they were less than two weeks, because no girls arrived on the 26th or the 27th of December. How do I know this? Well, I only know this from reading what has been City ofMiami Page 196 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 written, because there are several books, the very fine studies of Operation Pedro Pan. But I took it upon myself to go through the microfilm of the Miami Herald and Miami Daily News from December 15, 1960 to January 15, 1961. There is not one single citation in reference to the academy, to Sisters of the Assumption, to this site. There are many references to (UNINTELLIGIBLE) Gesu. There are references to the boys -- the Cuban boys' home, which was the Ferre residence across the street. There were references to the Kendall facility, which was used by facility for wayward boys in orphanage. Part of that was to be used to house the boys, but nothing in reference to the academy. So if there was a connection here, I haven't found it, but -- and at best, it was quite tangential. To the third criterion -- and if we could go to a slide -- of we could jump ahead to the next image. What about the historical or cultural connection of the Academy of the Assumption? Here we have a facility that was used or a site that was developed in 1942 and continued up until 1976. Eventually the property was acquired the following year by the Melkite Catholic Church. But what you're looking at here is an image that shows the actual structures on the site. This was a plot plan produced in 1945. And you'll see the chapel to the right, and then you see the academy, which is the center building, and above that academy, you saw the residence; and below that, which would be closer to 15th Avenue, was a small structure called the residence and a garage. Parts of that -- I'm surprised this wasn't brought up by the staff -- structure actually are incorporated into the redeveloped scheme after 1989 that was developed for the present ensemble of buildings that are part of the legal description of the site at 1501 Brickell Avenue, which comprises the chapel, it comprises the sacristy, the classrooms, and the cloister. And that's the context that you see today, and that's the context that should be maintained. Let's look at the next image. This is simply an aerial view. And what you see there in bright red is the one -acre site that you have today showing the chapel, and showing the sacristy and showing the cloister. And then you have in a dashed red line what was the original site. That context of the Academy of the Sisters of the Assumption no longer pertains. You cannot designate what doesn't exist. That criterion, criterion number (3) does not pertain. Going on to criterion number(4) -- let's come back here to this -- did the -- has the architecture portrayed as a part of the era of the history characterized as a distinctive style? What does this mean? Well, there are four phases that architectural historians have given to Miami in terms of its architectural development. There's a vernacular phase, which includes its prehistory up through the pioneer period ofAnglo settlement in the Nineteenth Century; there is the Mediterranean revival style seen right here and also in Coral Gables, so beautifully demonstrated; there is the art deco, which is best illustrated in Miami Beach of the 1930s and 1940s, also referred to as the Modern Style, and then there is the contemporary. And of course 90 percent of what exists in Miami today is of this contemporary period that was developed after the Second World War. So this -- these are the four phases of architecture for this City. And just to suggest that this chapel, which is done in a somewhat eclectic style, maybe more Romanesque than anything else, but an eclectic combination of building styles, to say that it is -- portrays this development of architecture within Miami would be incorrect. If anything, it is an exception to the styles of the architecture of the City ofMiami. That criterion does not apply. Let's jump ahead to criterion number (5) and back to the illustrations. Nine out of every ten designations are based on this fifth criterion. This is the criterion that's used by the petitioner. Is this a bod -- is this a church that embodies a distinguished style or the characteristics of a distinguished architecture style or a period or of a method of construction? And in my estimation, it does not meet that. It is not a distinguished example of a particular style. Certainly, it is not a distinguished example of the Romanesque revival, and if we could look at the -- go ahead and move forward to the comparison of plans because the petitioners showed these. And in an earlier hearing, the petitioners used the diagram on the right. They did not identify the church. The church is that of Saint Sainte Anna. It's an Eleventh Century Romanesque building. But they try to make a comparison between the plan of this church and the plan on the left of St. Jude. There is no comparison. They don't compare. Both are cruciform, but that can be said of almost any church of any period. The treatment of the (UNINTELLIGIBLE) end, that is the curving end of the sacristy seen at the top of the slide on the right, that does not exist at St. Jude. In fact, at St. Jude what you have is a rectory that has been attached to the top of the church. It was the residence of the priest. And below that was a vestry. You will never find a Romanesque City ofMiami Page 197 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 church that has that attachment. They just don't exist. That weren't designed that way. No, this is simply a Twentieth Century creation, and it was created in a way that best suited the needs of the client, but it has almost nothing to do with a Romanesque. If we move ahead to the next illustration, just to point out some of these comparisons. These are two early photographs. The one on the left shows the church during construction and the one on the right shortly after construction. The architects did everything they could to conceal the method of construction. This is a church that was built with reinforced concrete. There are reinforced concrete buildings throughout Miami that were constructed in the 1920s and 1930s. In fact, most ofMiami Beach, all those little hotels are reinforced concrete. What they did here is that the architect, in order to try to save money for the client, used reinforced concrete as a structure. It was very sensible. You could move forward. You could get the job done in a shorter period of time at less money. And then he clad the building both on the inside of the nave and on the exterior with Indiana limestone. It was a cheap, expedient way of doing it, but it had inherent problems, and it lacked integrity. Had the building been designed of stone from the outset completely all the way through, such as the Christ the King in Atlanta, then maybe it would have been more distinguished. But that was the problem here, and it became inherent with future problems of the church, particularly the detachment or failure of the materials. Notice in that picture on the right how the concrete beams and purlins were painted. They were stenciled to make them look like they were wooden beams but they weren't. So what you really have here is something that sets most architects teeth ajar, which is that you take a building and you misrepresent its construction by hiding it behind a thin veneer. I'm staying at one of the downtown hotels. The lobby is covered in a thin veneer of marble. It looks very rich, but if you took that thin veneer off you would see concrete block and steel. Next image. Here we have a drawing by the architectural firm of Dagit & Sons on the left showing the drawing of the edifice, front elevation and also the wall section. If you look closely at that wall section, you will see that the substrate of the material is concrete block, and to that these thin veneer of limestone was attached. Also, notice the treatment of that elevation as you see in the picture on the right. The overall massing is somewhat Romanesque, but the treatment of the frontispiece, that is, the surround of the door and the niche above, that cartouche, that's renaissance. That's not Romanesque. That's of a style that was -- came 200 years later. And the window up above that, that Baroque window, would be 3 or 400 years beyond the renaissance age. That's a Guarani -type window from Northern Italy of the Seventeenth Century. That's Baroque in style. And the windows on the side are gothic in style. So what you have is a mish-mash. You have collection of eclectic styles. It's not a good example of the Romanesque, nor is it a particularly good example of a way in which a building should be constructed. Now, the architects, going to that sixth criterion, okay, what does that say? If you read the criteria, it should say it is an outstanding example of a prominent architect. Christ the King in Atlanta is an outstanding example of their work but not this church. It didn't make -- it wasn't mentioned in the architectural press, at all. Back in 1945, 1946 we had a great collection of architectural journals. There was Architectural Record; there was the Architectural Forum; there was the AIA (American Institute of Architects) Journal, later architecture; there was Pencil Points, later became Progressive Architecture. Almost any building of any significance at all was cited in those magazines. Christ the King was, but not this building. Now, let's get to the question of a prominent architect. The Dagit & Sons was not a prominent architect for the City ofMiami. This is the only Commission I know that they did here. Nor were they a prominent architect in Philadelphia. You ask any architectural historian who were the prominent architects of Philadelphia, they'll start out with by Benjamin Henry Latrobe, who designed the U.S. Capitol, and then they'll go to William Strickland, who designed state houses throughout the country, and they'll go to Robert Mills and they'll go to Frank Furness, and they'll go on and on and on to the Twentieth Century to Paul Phil (phonetic) Poray (phonetic), to late Twentieth Century to Louis Kahn. You'll never hear this thing Dagit & Sons and you'll never see it in the book on the History of American Architecture. They were insignificant. This is not to say they weren't competent. They were competent architects, but they weren't as significant. They were not a prominent architectural firm. They were specialists in ecclesiastical architecture, and they were behind the times. Instead of embracing new methods, they adhered to the historic styles. Next image. Does -- this take us into the seventh criterion. City ofMiami Page 198 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 And I'm getting through these as quickly as I can. The seventh criterion which has to do with the nature of the construction. Is this an outstanding example of construction or craftsmanship? Notice that picture on the lower left-hand corner, and you'll see this throughout the facade and on the sides of the church. What you're looking at there is spall. That is a failure of the stone. And it failed because of the way in which this building was put together. It was inherent in the way in which this thin veneer was attached to the substrate of concrete block. In most cases, there was a shelf angle that held the stone in place and then there was a mastic, kind of like a glue. It was mostly asphaltic material that held the stone up next to the concrete block. But there was also a backup material, which was steel anchors. These were small steel anchors. And in a marine atmosphere, moisture gets in behind that and they cause corrosion in the steel and that causes rust jacking, and the rust jacking causes the failure of the material. Now, it's just unsightly from the exterior on the walls, but it's deadly when it's on the roof and this is what happened. Because the roof began to fail, it began to lift; the concrete failed, and the tile began to slough off. And by the way -- because we heard from an architectural expert. I think it's Mr. Borges; talked about this -- the proper roof would have been an "S" style or a pantile. Actually, the tile was pantile. That was the original tile, because this is what was used in the 1940s. It wouldn't have been a mission tile. But this is what scares people about preservation boards, 'cause the Preservation Board came back in here and said, You know, if this was a Romanesque building, it should have a mission tile, 'which is simply a cup tile that forms together this way as opposed to the S-type tile. But throughout the 20th Century, in this country all buildings were using "S" Tile. It's a better tile. It made a better connection. It made a more lasting tile roof. So that was the historic material used in the roof. But as the second expert who spoke for the petitioner who had something to do with that roof he mentioned that they did it in the proper way, and they did. You know, the church expended nearly $2 million in recent years on repairs. They are wonderful stewards of this property. They made the correct repairs. So it wasn't the architects that did the repairs. It was the church. It was the -- St. Jude Church that made the decisions to move ahead with this expensive proper restoration, and that they did. And they're going to have to spend a lot more money if they make the proper repairs that need to be made elsewhere. So you can see a lot of divergences here. The picture on the right shows that sliders were put in in place of the original casement windows. You can see that air handling equipment's been intruded upon the walls. Below, it's really quite unsightly. And then you see the rectory, which is the back part, what they refer to -- the petitioner refers to as the apse. It's not an apse. It's a rectory. It's a box that was attached to the back of the building. There is one final criterion, and that's criterion (8), which was initially proposed by the petitioners, then they dropped it wisely. That criterion had to do with whether there might be materials underground, such as archeological finds, either prehistoric or historic, that may yield importance to the site. But you know, when those buildings came down that were associated with the Sisters of the Assumption and when the excavations were made in 1989 for the attached buildings to the present site, that is the sacristy and the classrooms and the meeting hall, they found nothing. There's no reason to believe that criterion (8) should be employed because nothing has been found on this site that is of archeological importance. So finally, the last image, and I'm going to sum up here, is this wonderful little postcard which portrays the building. It's looking from the southeast to the northwest. And you see again the backside of the church, and you see that block on the back that was the rectory. Again, I make the point that you'll never find a Romanesque church or any medieval church that will have such a configuration that will have a rectory directly attached to it. The earliest example I can find is in the 19th Century in the England and wherein a Presbyterian church -- I'm sorry, an Anglican church, they had placed a rectory on the backside of it. And so you have a building that, I would say, I like it. The parishioners love it. The owner loves this building. It has meaning to them. But does this building rise to the level of an historic resource for the City ofMiami? I believe you will find it doesn't, not if -- if you follow the criterion, if you read the language of your criteria of your ordinance, you cannot find that this meets that level of significance, of primary significance. It doesn't meet the exclusion to the exclusion. So I hope that the City Commission will find against this petition and will not designate this building. I thank you. City ofMiami Page 199 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Muniz: Dr. Garner, just one question. Applause. Mr. Muniz: Actually, two questions, maybe three. Are there any other buildings that were associated with the Sisters of the Assumption campus located within the boundaries of the St. Jude property? Mr. Garner: Well, yes. That small portion of what was the guest house and garage. Mr. Muniz: And is it -- would you consider that a contributing factor or contributing building? Mr. Garner: No. Mr. Muniz: And do you have any idea why it would have been excluded from the studies done by the City staff or our opponents? Mr. Garner: No. I think it was simply overlooked. Mr. Muniz: Thank you. Chair Sarnoff All right, can you for a second? I have a question for you, 'cause it -- I'm a little -- you said this ordinance is built from a 1966 National Register ordinance -- statute, I guess, federal statute, right? Mr. Garner: Yes. Chair Sarnoff And in that federal statute -- so you're saying we sort of -- I don't want to use the word copied but patterned ours off of them, right? Mr. Garner: Yes. Chair Sarnoff They have criteria exceptions for churches. Mr. Garner: Yes. Chair Sarnoff And you -- everybody keeps pulling us -- andl'm trying to read this a little bit like a lawyer. Everybody tries to keep pulling us up to the criteria designation, andl'm reading criteria exceptions, andl'm trying to stay in -- that say, `If they fall within the following categories, " which is plural, and then there are seven categories. Now, I'm not saying you're a lawyer, but I'm asking you based on the National Register, shouldl be reading (1) through (7) or shouldl be reading (1) through (8)? Mr. Garner: Well, you should be reading (1) through (7) on the exclusionary clause 'cause there are seven. Chair Sarnoff So -- Mr. Garner: There's something different here. I mean, the criteria, there are eight criteria. Now these vary from one city to another. Some cities have as few as five criteria, but the language is fundamentally the same, whether you're reading the ordinance in New York, you're reading the ordinance in Chicago or wherever. Chair Sarnoff But -- what I'm trying to get from you is some sort of a construction, and I know you're not a lawyer, and I'll get the advice of the lawyers and our City Attorney. Andl -- you're City of Miami Page 200 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 probably the person most experienced with the National Register. So if we took ours -- and I'll find out if we took ours through other -- the City Attorney and other people -- we should be reading criteria exceptions and the criteria -- the categories you're saying of the seven below based on how it's printed or how it -- how the National Register would treat it. Correct? Mr. Garner: Right, yes. Chair Sarnoff But you brought us up to the eight criteria above -- Mr. Garner: Right. Chair Sarnoff -- to refute what was said to them; is that why? Mr. Garner: Yes. To go into detail as to why it -- primary significance is not architectural. Chair Sarnoff Last question for you. In the 1966 National Register -- Mr. Garner: National Historic Preservation Act. Chair Sarnoff Let me -- Mr. Garner: Out of which the Register was developed. Chair Sarnoff Sorry. Historic Preservation Act. Mr. Garner: Yes. Chair Sarnoff Are you supposed to read --? I don't know if they have five or seven categories, as in all the ones below it or any -- just the plural two, meaning any one of the two? You follow what I'm saying? If you look at I think what they handed you, 23-4(b), what I want to know is under the National Act -- 'cause it may be a way I can construe this -- am I supposed to look at one criteria or all seven criterias [sic], two of the seven criterias [sic] with a plural thereof? How does the National Act treat that? Mr. Garner: Well, to designate a property, you can select any one of the criteria. Chair Sarnoff Okay. Mr. Garner: You do not have to have multiple criterion. Chair Sarnoff For the criteria exceptions? Mr. Garner: Any one could be an exception, including criterion (7), which we're speaking to, because it's the one that pertains in this case. Chair Sarnoff So under your interpretation, if I'm reading 23-4(b) and I'm obviously going to be reading "Such properties will qualify for designation if they are integral part" -- I'm sorry -- "if they fall within the following categories, " all have to do is find one of the seven? Mr. Garner: Correct. Chair Sarnoff Under the National Act? Mr. Garner: To exclude. Chair Sarnoff To -- City of Miami Page 201 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Garner: To exclude, yes. Commissioner Suarez: No, no. Mr. Garner: To exclude any one of the seven. Chair Sarnoff Correct. But I want to know how the National Act works. I'll get from my City Attorney and from your attorney what they'd like for me to read, but I want to hear from you, who seems to understand the National Historic Preservation Act, that I'm looking for one of the seven. Mr. Garner: So if this were to go before the National Register of Historic Places for admission, first it would have to go through the state. At the state level, there would be a hearing. So it might originate at the local level, go to the state; the state would then forward it to the keeper of the National Register. He would go through the designation criteria and would make the assessment as to whether this property met the definitions set out for designation, and it would have to meet any one of those designations. Now, you have eight criteria above. Any one of those eight could be employed to designate this property if it is strongly represented. You don't have to have all eight. Any one of the eight could be employed -- Chair Sarnoff Yeah, but -- Mr. Garner: -- to designate this as a National Register property or as a local landmark. Chair Sarnoff I got you. And I think my question -- I thought maybe you knew the -- you know what? I'll ask the attorneys only because I'm reading this a certain way. I thought maybe you could tell me how the National Act would treat this so I could see how they would read it. Mr. Garner: I can tell you that the keeper of National Register now and in the past would deny that -- would deny the placement of this church as a National Register property. Chair Sarnoff Okay. Mr. Garner: They would deny it. Chair Sarnoff Okay. Thank you. You want to -- Vice Chair Gort: Now, you're talking about the exception. Chair Sarnoff I'm trying to understand -- Vice Chair Gort: The exception is (7). My understanding is, any one of those could be could be utilized. Chair Sarnoff I'm trying to -- Vice Chair Gort: And the only way that they can be accepted if they meet (7). Mr. Muniz: IfI could shed some light. I think there may be some confusion, because ifyou are one of the criteria exceptions, you shall not be designated. And then it -- there's a list, cemeteries, and then you can see the exception to the exception for cemeteries. And then it says birthplaces, graves, historical figures. You can see which one of those exceptions applies to those exceptions. City of Miami Page 202 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff And now I'm going to ask you the question then. Do you want me to read this that any one of those seven exceptions could make this historic? Mr. Muniz: The only exception that applies to churches is exception (7). Chair Sarnoff That is -- the only exception that applies to churches is (7)? Mr. Muniz: That's the exception that the City reviewed. That's the exception that the appellants review. And that's the only exception that addresses -- Chair Sarnoff Is everybody in agreement on that legal issue? Mr. City Attorney, are you in agreement that the only exception that applies under 23(b) -- Mr. Suarez -Rivas: We -- Chair Sarnoff -- 23(b) is 23(b)(7)? Mr. Suarez -Rivas: -- think -- yes, Mr. Chair -- that the one that is applicable to religious property is that the Commission must find that the property derives its primary significance from architectural or artistic distinction or historical importance, any one of those, and then that will lead you back into the rest of the section. Chair Sarnoff Why does it lead me back in? What word shouldl read that leads me back in? What construction do I make that leads me back to the eight? Mr. Suarez -Rivas: Well, when you're reading it as a whole, you will note that a lot of things in the designation report -- andl don't want to speak for the planners -- but simply, when you're reading it as a whole and not just one section, the elements of the designation report that spoke about outstanding design, materials, architectural distinction, and historical importance are very, very akin, the same. Chair Sarnoff But there is no word, no paragraph, no statement to lead me back to the eight criteria. I'll go to Francisco. I'll let you speak. I'll let you address it. I'm trying to understand the law before I apply the facts. Commissioner Suarez: The standard of review. Mr. Garcia: Thank you, Commissioner. Commissioner Suarez: Yeah, standard of review. Mr. Garcia: I would like to suggest the following reading: Section 23-4, which is the one that we are speaking about, titled `Designation of historic resources for districts, and archeological sites and zones." So designation of historic resources begins by setting forth the criteria for designation, right, which we've presented to you. However, when you go -- and that is under Subsection A. However, when you get to Subsection B, it says that there are some exceptions in terms of what structures might be considered for historic designation, and there it makes mention of the fact that "ordinarily" -- and I'll paraphrase the relevant sections -- 'Properties owned by religious institutions or used for religious purposes shall not be considered eligible for listing in the Miami Register of Historic Places." So presumably, because this is a religious facility, it would not be eligible, unless -- exception to the exception as noted -- we go to -- down the line (1), (2), (3), (4), (5), (6) -- you get to (7), "A religious property deriving primary significance from architectural or artistic distinction or historical importance" would be an exception to that exception and therefore eligible, and if eligible, then it must meet at least one -- in our case, we are saying three -- of the criteria listed in Subsection A. " City of Miami Page 203 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Okay. So I've read exactly what you read and I'll play off you. "However, such properties will qualin, for designation if they're integral parts of districts" not apply, or if they meet the following categories, plural. Mr. Garcia: Yes. Chair Sarnoff You with me? And then there's a colon. Agreed? Mr. Garcia: Yes. Chair Sarnoff So it says "categories" and it's plural. Mr. Garcia: Yes. Chair Sarnoff Help me understand why I'm only looking at number (7). Mr. Garcia: Because there is an 5r'at the end of Subsection 6. Commissioner Suarez: Right. Chair Sarnoff 'Cause there's an 5r'at the end of -- Commissioner Suarez: Yeah, after the semicolon. Unidentified Speaker: Semicolon, an 5r. " Commissioner Suarez: Isn't this stuff thrilling? Chair Sarnoff So you're saying (7) is independent of (1) through (6)? Mr. Garcia: Yes. Chair Sarnoff And then how do I go back --? That's a fair reading. Commissioner Suarez: Mr. Chair, I think you have to go back because that exception to the exception then allows you to qualify it for designation. Chair Sarnoff But where does it say that? Or is that -- Commissioner Suarez: It says it right there, However, such properties will qualin, for designation if they are an integral part of districts that do meet the criteria or if they fall within the following categories, 'and number (7) is one of the following categories. Chair Sarnoff Agreed. But how do you get me back to the eight up there? Commissioner Suarez: I would just say that it says it "qualifies" for designation. It doesn't say it "is" designated if it meets one of the following. So to qualifi, it for designation, you have to bring it back up and look at the criteria for designation. Chair Sarnoff Okay. Unidentified Speaker: Exact -- that's exactly -- Chair Sarnoff That helped. City of Miami Page 204 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Garner: IfI could just add one thing. This language is better set out in bulletin number 15 of the National Park Service. It would do a much better job of explaining it than I could do. Chair Sarnoff I don't think we just took it directly from the National Register 'cause I -- hopefully they've wrote a little better than we did. Thankyou. Applause. Mr. Pastoriza: Commissioner, ifI may, just -- Chair Sarnoff I don't know if they're done. Mr. Pastoriza: Well, I just wanted to bud in on that argument. OUTBURSTS FROM THE AUDIENCE. Chair Sarnoff I -- ifI -- Unidentified Speaker: Are you -- Unidentified Speaker: Please, please (UNINTET,TIGIBT,F). Unidentified Speaker: -- would you clam --? Chair Sarnoff -- can I tell you why I wouldn't do it? I think Suarez' interpretation makes sense to me. Commissioner Suarez: Thank you. Chair Sarnoff I think you clarified some "commas," some "ors," and got me back to the eight criteria. I think you can construe it that way. I didn't mean to interrupt you. I was just trying to understand the law. Mr. Muniz: No, it's quite okay. It's important. It's very important to us. Again, we argue that you never make it past the primary significance, because the primary significance of this property continues and continues to grow as a religious use. We would now like to call Ellen Uguccioni. Ms. Uguccioni has a bachelor of arts in history. You all are probably very familiar with her. She's a local preservation activist. Again, you probably usually see her on the other side of this argument. But she's going to testify as to why the attempt to designate here is technically insufficient or technically incorrect. Ms. Uguccioni has a bachelor of arts in art history, a master of arts in art history. She is a former Historic Preservation Officer of the City ofMiami, Historic Preservation Planner of the City ofMiami. She's the -- she was the former director of Historic Preservation Department at the City of Coral Gables. She is now Florida National Register -- on the Florida National Register Review Board. I believe this is the review board that reviews at the state level before something can get designated at the federal level, which is what Dr. Garner was referring to. She sits on that board. She -- and by government appointment -- governor appointment; is that correct? She also sits on the Florida Historical Commission. She's architectural historian and was appointed by Jeb Bush. And she is trustee of the Florida Trust for Historic Preservation. Ellen Uguccioni: Thankyou. Mr. Chairman -- Chair Sarnoff You're recognized. City ofMiami Page 205 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Ms. Uguccioni: -- members of the Commission. It's a pleasure to see you all again -- some of you again. I'm saddened to be here on this side rather than that side, but people have asked me, friends of mine, "Why in the world would you take this case?" And I think this is the most unique situation that I've seen in a 30-plus year career. I was supposed to be in Tallahassee today, which I had to cancel because I am the chair of the National Register Review Board for the Florida Historical Commission, which is the state review board that reviews nominations before they go to the federal government. So we are sort of the vetters of those applications. I've seen hundreds of them. One thing that -- I want to speak to the technical part of this nomination. In the boundaries in your ordinance, you will see ordinarily or normally -- I'm going to not try to quote it but paraphrase it. You usually see a legal description. You usually see an entire tract of ground. But in this case, you see a footprint of a building. And in the slide that shows the building in pink, you'll see that it accidentally kind of moves over and takes in part of the cloister. So I would ask -- Mr. Muniz: We need -- excuse me, Ellen. I'm sorry. We needed a little help from IT 'cause our -- Ms. Uguccioni: Oh, I'm sorry. Mr. Muniz: -- we're down again. Sorry, Ellen. Ms. Uguccioni: You're looking at an aerial right now, and of course, you can see the cruciform shape. Cruciform, as was mentioned by the architect on the other side, and then we all have been talking about style, but it's basically saying rectangular or circular, whatever. Cruciform is, in fact, a very general generic kind of floor plan for churches and it's been used since ancient times. I'm looking at this tract, and everything that has been said about this property that I've heard tonight has been the association with the School of the Assumption. Ask yourself what you see in that tract of land that is associated in any way with the School of the Assumption. The point being -- and this is something unusual I saw in your staff report, as well. It says, "St. Jude Melkite Catholic Church, formerly known as School of the Assumption." Why do we see that? Because the School of the Assumption had the building until of 1974, 1978. I've forgotten the exact date. The history of that chapel dates from the '40s. There's no question in my mind about that. But the supporting buildings, the dormitories, the cafeteria, and any other supporting building for a school, they're gone. They've been demolished. So what you see here is a chapel that has no integrity of setting. And no one seems to ever see the sentence that precedes the eight criteria. And again, I'm going to paraphrase. The ordinance says that a property must retain its integrity of location, association, setting, and feeling. Then we apply the criteria for architectural distinction, for events, for important persons, but you have to meet that first sentence before you can go -- can proceed. "The integrity of setting, " meaning, the School of the Assumption has been talked about ad infinitum tonight, is no longer there, so what we are talking about is St. Jude Melkite Church. It is a ministry. It's not a -- one building. It is their -- it wasn't shown anywhere, which I believe is misleading, in staff report, that there is a social hall, that there is a Sunday school building, that there is a cloister and a meditation garden. Why aren't those included with the buildings, with the chapel, which is now a church? It's all part of the St. Jude ministry, and if that's what we're designating, we should be designating all of the complex. What we're doing right now is we're saying here's the chapel; it used to belong to the Sisters of the Assumption. And again, I don't take -- I don't make light of that. But the association, the actual physical reality of that, you would not know that there was a school there as you drove by. What you'd know is and as you turned the corner, you would know it's a church, it's a shrine, it's a building for faith. We believe that -- I believe, as Dr. Garner did, that because it's a religious property and we don't want to impinge on religious rights, the Melkite rite was something very new to me. I had no idea what that meant. And Greek orthodox churches come from the split in Constantinople and the east and west and that's about all knew, but the liturgy is so very different. Andl learned that, again from having worked on this report. Three-dimensional sculpture is not allowed; it's two-dimensional. So you see these -- when we say "icons," these lovely icons are made out of mosaics, sometimes gold foil -backed, beautiful City of Miami Page 206 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 colors. So the sculpture in the front, an image of St. Mary, is three-dimensional, so it literally would not go if the church were built today in a niche because it would be two-dimensional. It would be flat against the building. I think those are reasons why it's getting awfully close to religious infringement in terms of being able to worship in a way that has been established for thousands of years. The architects for the buildings, I knew them not, the Dagits. They pronounce it differently. And Dr. Garner went over their -- some of their buildings. None of the buildings that were shown as examples of the Dagits architecture belong in Miami. They were from Atlanta and maybe something else. I forgot. But the Atlanta one struck me as the farthest south that they went. They were a Philadelphia firm. Why would they use limestone? Nobody use limestone here. You had to ship it down. The cost was prohibitive. But Philadelphia, that's an appropriate material. It makes sense. So do we say that because we don't have limestone faced buildings in Miami that's so unique that we should designate it? Or should we say that really doesn't belong here because we do have a -- in our code, we say -- we recognize local adaptations, like the Barnacle where the breeze can fly through and so forth. That's what's important. We're talking about the Miami Register of Historic Places, not Philadelphia. So I can't tell you that they are superlative. And all the words that are used in the exemption part of this ordinance are superlatives. So that's my problem with it; that it does not have an association any longer with the Church of the Assumption -- I'm sorry, the School of the Assumption. There's one building, andl think the Planning director said it's roughly 200 square feet, andl have never seen a designation where we don't tell an owner what we are designating. We're promised a survey some 60 days. If you were to designate it tonight, Father Damon can expect to receive a survey of what's been designated. Personally, I don't feel that's appropriate to even be in front of you if we don't make that clear, absolutely clear. So in conclusion, I think it does impede on some religious freedoms. I think that there is a higher standard in the exemption for religious properties. By the way, I'm a congregant of Coral Gables Congregational Church, which is a National Register and local and landmark, you know, so I wrote a grant for them for $250, 000, which they got for the roof. It's clear, yeah, there are churches that are designated. But think about the architecture, if you can. There's this wonderful what we call (UNINTELLIGIBLE) architectural surround in the very front of the building. It's about one and a half stories tall. It's for the artistry. Artistry in St. Jude's is primarily that front facade, and then you walk out into this lovely meditation garden, which is so important, I think, to the setting; and yet, we take the footprint of the building and say, "That's what's important. That's where its association is. That's where its setting is." There is no setting for it. So I would ask that you consider those deficiencies in your considerations. Thank you very much. Applause. Mr. Muniz: Ms. Uguccioni, I just have a question for you. Ms. Uguccioni: Yes. Mr. Muniz: Was the entire property within its boundaries considered for designation? Ms. Uguccioni: No, sir, not in this report. Mr. Muniz: I don't have any other questions. Thank you. Oh, I'm sorry. Is that usually what's done? Ms. Uguccioni: No. Andl believe -- you have the ordinance in front of you, and it says under "designation procedure," I'm -- if you will, Commissioners, it's very short. It's on page 9 of 29, it's `B, " boundaries. The boundaries designation report shall include a map of maps indicating proposed boundaries. Boundaries for historic resources shall generally include the entire property or tract of land, unless such tract is so large that portions thereof are visually and functionally unrelated to any contributing structure or landscape feature." City of Miami Page 207 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Muniz: Now, Ms. Uguccioni, does that create a problem when you're analyzing the property? I mean, if you don't look at the whole site, does that affect your ability to truly determine whether the property should be designated? Ms. Uguccioni: Absolutely. Again, they have in this boundary description, they have taken away the setting of St. Jude; that they've so meticulously maintained a meditation garden, the cloister, the social halls, that kind of thing. And how would you know it's a church? I mean, it looks like a church from the exterior, but couldn't you -- do you pluck a building up and take it and set it down somewhere else? No. There has to be enough around it so we understand what it is, what its purpose is. Mr. Muniz: Is it possible to determine the primary significance of a property without considering it in that context with all the buildings associated with it? Ms. Uguccioni: Personally, I think you need that, yes, because that's why I take kind of some -- on the opposite side when the opposition feels that the Assumption -- the Sisters of the Assumption, who indeed did wonderful things, but they're not here anymore. There's nothing to represent them. So for them to go on and on and on about what the School of the Assumption did, it's gone. Maybe it would have been nice if it wasn't gone, but -- and I've seen some photographs in the yearbooks, they had lovely coral rock walls and porches clabbered that were done in wood, like old-fashioned Florida southern vernacular. Those things were -- in fact, Dr. Garner showed you a plot plan that shows you the additional buildings. Had those been there, then I think we can indeed speak to the Sisters of the Assumption as the main role in this designation. Mr. Muniz: Thankyou, Ms. Uguccioni. Ms. Uguccioni: Thankyou. Applause. Chair Sarnoff Counsel, how much longer do you have? Mr. Muniz: Brief closing. Chair Sarnoff The only question -- a lot of you have sat here all day. I don't know if anybody's diabetic. Have you eaten something, drank something? No, I just don't want anybody passing out. So I saw you fed the priest a little something, but -- I just want to make sure you all are taking care yourself a little bit, because you're going to be here for a while longer. Commissioner Suarez: Takes a lot -- Chair Sarnoff We usually don't allow people to eat in here, but I will tell you, you can eat in here tonight if you need to. So if you need to get a drink, get a drink. All right, go ahead. Mr. Muniz: That's a lot of devotion. Under the City's ordinance, religious properties shall not be designated unless the property derives its primary significance from its historical importance. To quote -- andl tried to write this down as quickly as I could. I'm not -- I'm going to say I'm paraphrasing 'cause I don't think got it all right. But Ms. Parks stated "the Old North Church was designated when they had long ceased being a religious facility and had long been a landmark." That's what has to happen here. The property's use has been, always has been, and I'll tell you, always will be a religious facility. It'll always be Melkite church and a shrine to St. Jude. It's not ceased; no other significant use or important use has surpassed that as the number one ranked use of the property. The testimony from staff and the applicant today has not met that burden. They say it, you know, "the primary significance is historical." That's not enough. City of Miami Page 208 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 That's not substantial competent evidence. Now, I know this has been -- come a really -- a very controversial issue, but the legal question is actually very simple. After hearing all the evidence, the question for the Commission is simply what is the primary significance of the St. Jude? And that -- the answer to that question has to be that it's a religious building. It's a religious use. It's a church. It's a shrine to St. Jude, and it's the house of God. This property derived its primary significance from the fact that it is a Melkite Catholic church; only two in the state, one of 46 in the nation, the fastest growing Melkite church in the country. That's where it gets its primary significance. Now, a lot of folks have testified as to what this -- why this church is dear to them. It's dear to me. It's my church too. This is the church where I returned to the Catholic faith after many, many years away. It's important to me. This is where my son was baptized in the Melkite rite, a two -and -a -half-hour baptism. It's important to me too. it's important to everyone in this room. Why? Because it's our church, because it's a religious facility. It's not a place that people visit. It's beautiful, but people don't go there for its architecture. People don't go there because -- Heck, I didn't even know that it was part of the Sisters of the Assumption until this all began. And promised the Sisters of the Assumption alumni that nothing's happening to this church. St. Jude has preserved it. It has spent millions of dollars maintaining it and it will continue to love and preserve it. It never needed the historical designation. It doesn't need it now. It's totally irrelevant that Arthur Brisbane leased the Bay Haven home. That was knocked down, and then the School -- the Sisters of the Assumption was built, and then that was knocked down, and then the palace condominium was built. It plays no significant role that Father Roman lived at the Bay Haven home either because it was knocked down to build that school, and then that was gone to build the condos. You've heard the testimony clearing up the issue regarding the Pedro Pan children; maybe a few girls for a few days. That's not where the event happened. It's not -- I mean, I'm proud that they were there, but that doesn't change the primary significance of this property to become historical. It's a Melkite Catholic church. And I've already spoken about Mother Teresa, so I will only say her life was very important, and she may have visited St. Jude, but St. Jude was not a very important part of her life. And anybody that tries to say that the primary significance of the property changed because she visited there a few times is ignoring the words of the very ordinance. The ordinance requires that it -- that the property have been a significant part of that person's life. And with reference to the architects, you know, I'm not going to argue with you whether they were great architects or mediocre architects or significant or insignificant. The real question is: Was this a significant work of theirs? Well, you weren't even shown what other works they've done to compare them, and I've seen them. This is not a significant work. Our witnesses have testified this is not a significant work of the Dagits. Take a look at the church in Atlanta. That's a significant work of the Dagits. This is a beautiful church, andl love it with all my heart, but it isn't a significant work of that architect, and that's what's required under the criteria that they're citing. Andl don't believe we even get there because the primary significance test is not met. Thank you very much for your patience. I know it's been very difficult I know it's controversial andl know it's a tough issue for you. But, please, follow the law. Please do the right thing here. Designation -- historical designations is not needed. It's not necessary. This church isn't going anywhere. It's been a wonderful steward of this property for many decades. We don't need the historical designation to interfere. We don't need the historical designation to tell us how to maintain the property, what roof cover to use, what -- it's just going to make everything too expensive and too difficult for the church to accomplish its ongoing mission. Thank you very much. Applause. Chair Sarnoff Mr. Pastoriza -- Mr. Pastoriza: Mr. Chairman -- Chair Sarnoff -- I'm going -- Mr. Pastoriza: Commissioners -- City of Miami Page 209 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff -- to give you seven minutes. Mr. Pastoriza: -- I have just -- I'm just going to rebut four points. Chair Sarnoff Okay, I'm going to give you seven -- Mr. Pastoriza: That's it. Chair Sarnoff -- I'm going to put seven minutes on the clock. Mr. Pastoriza: Okay, first attendance. The bishop or the father made a statement that they have to expand because they just have so many parishioners attending their masses that they just don't have any rooms. I have a summary here of the attendance. This is -- these figures were produced, my understanding, by the church themselves. They have -- for the 9 a.m. mass on Sunday, for the 11 a.m. mass on Sunday, and for the 6p.m. mass on Sunday, there's a 330-seating room capacity in the church. The 9 a.m. average capacity is 38 percent. The 11 a.m. average capacity is 48 percent. The 6p.m. average capacity is 71 percent. And it shows twice, twice during this period from June 22 through July 7 that the seating capacity was exceeded three times. Andl would like to put this into the record. Mr. Muniz: May I see the document? Mr. Pastoriza: The next thing is standing. Your ordinance -- Mr. Muniz: May I cross-examine on this document? Chair Sarnoff No, no, no. This is -- no. Mr. Muniz: Then I'm going to object to its entry. Mr. Pastoriza: Okay. You objected, but put it into the record. Mr. Muniz: I'd like -- Mr. Pastoriza: You have your objection. Chair Sarnoff I'm not sure it helps. Mr. Muniz: -- to ask some questions. Chair Sarnoff I'm not sure it hurts. Mr. Pastoriza: Okay, so standing. Section 23-4 of your code, (c)1, allows interested parties to come ahead and make this request, so we're totally within your ordinance and the rights within your ordinance as they exist now. You may not like it, but that's the way your ordinance is written. If you don't like it, you can change it. But this is what you got in front of you today. Third point, undue economic hardship. The statement was made that all improvements that this -- that made them -- required to make this temple a Byzantine church will create undue economic hardship on the church. Well, your ordinance addresses undue economic hardship. The ordinance provides for mechanisms to add, mod, replace everything. And if the church thinks that the impositions created by this ordinance impose an undue economic hardship, then let me tell you what your ordinance says, okay? Your ordinance says -- and this is 32 -- or 23-6(2) (5), unreasonable or undue economic hardship. "When strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board City of Miami Page 210 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 shall have the power to vary or modnj, the provisions of this section." So there is plenty of things that if you show that there's undue economic hardship that the board can do for you. Then last but not least -- and some of you Commissioners are lawyers and you know that in every case, malpractice case, you're going to have some experts that said the doctor was negligent and some experts that say the doctor was not negligent. So it is not unusual that you have in the type of hearing like this that you have on one side a battery of experts that said "Hey, listen, this application complies with all the standards, everything in your code." The other side is going to say, "No, no. Listen, listen, you got to listen to me. I'm telling you that it doesn't comply. " At the end of the day, you know that the court on appeal is not going to substitute their judgment for your judgment. The courts, the only thing that they're going to look for is that you find substantial competent evidence on the record to support your decision. Now, I ask you this question. On one side of the ledger you have your professional staff. I mean, they -- they're there for a purpose. They're there to advise you. And you have experts that the applicants have brought, local experts, well-known to all of us as experts in their field. Then on the other side you have experts that come all the way from Illinois to tell us here what we need to designate. So I would ask you this question: When you're weighing the evidence, are you going to place more weight on your staff and the local experts or on experts that don't come from this section [sic]? Now, again, in closing, Mr. Chairman, Commissioners, I go back to whatl said before. Today you can make history. All great cities have preserved places of architectural and historical significance. You can contribute to the greatness of the City ofMiami and leave a legacy for future generations to enjoy. How do you do this? By designating this particular jewel as architectural and historic. I thank you very much for your time and your patience. Chair Sarnoff Thank You. Mr. Muniz: I withdraw my request -- Applause. Mr. Muniz: -- to reply. Chair Sarnoff Sorry? Mr. Muniz: I withdraw my request to reply. Chair Sarnoff Oh. Well, there won't be any sur-reply [sic] anyways. But let me just say we're about to open up the public hearing. You all have earned the absolute utter right to all get up there and say whatever it is you think you need to say. However, if you find the person sitting to your left or the person sitting to your right is an excellent speaker and couldn't say it any better than you or might be duplicative of you, why not stand next to that person so that maybe two or three of you would group together and we would then know there's that many people that are in support of what that person is saying? Just a thought, just a thought. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Yes. Commissioner Suarez: I'm the resident mathematician up here, so I just want the audience to know that there's, I believe, 88 people that have registered to speak. Each person gets two minutes. If you multiply 90 times 2, that's 180 minutes of continuous testimony. That's three hours of continuous testimony. So as the Chairman said, you have earned, I think, our attention for those three hours, if you so wish it. And you have been here patiently and very politely, you know, listening to a lot of other things that are not related to this matter in our Commission meeting today. So you've certainly -- you know, we want to give you the utmost respect for your patience, for your consideration, for your behavior, and personally -- and I'm sure I can speak City ofMiami Page 211 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 for my -- we've been here till very late on a number of occasions, so we can tough it out. But I think what the Chair's point is, is that, you know, we can be here for three hours of continuous testimony from the public, if you guys would like, or, as the Chair indicated, if someone feels that the particular person speaking -- and maybe that person can be given some more time, by the way, 'cause you concede your time to someone who you may feel is maybe a leader in the group, you know, they can speak for 20 or 30 people that could significantly cut down your wait time. You know, you all have been here for a long time as well. Didl do okay? Chair Sarnoff That was great. And I'm wondering if you all wanted to team up. If you want like a two -minute break to maybe team up? Commissioner Suarez: No. Chair Sarnoff No? Okay. Then here's how it's going to work: You aren't going when you want to go. You're going to go when you submit it to the Clerk. So I'm going to read your name out. Again, if you think the person's your buddy or you like what they had to say, start walking up towards them if you don't think you need to repeat them, but we're here for you. Ana 0 -- I'm going to say -- I think it's Oyler, O-V-L-E-R? ToddB. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff Yes. Mr. Hannon: Would you mind ifI make a brief statement? I just want to see if anyone requires Spanish or a Creole interpreter for this particular item? Ana Oiler: No sir. I've been here since 1951. I was practically born here. Mr. Hannon: Ma'am, I'm sorry. That question wasn't directed -- Chair Sarnoff That question may be directed at your -- Mr. Hannon: Exactly. She was -- it's a general -- Chair Sarnoff (UNINTELLIGIBLE). Ms. Oiler: Okay. Mr. Hannon: One moment, ma'am. Chair Sarnoff Hang on one second, Ana. We're not starting the clock yet. Don't worry. Debra Spector, official Spanish interpreter, and Ralph Desmangles, official Creole interpreter, translated the City Clerk's comments. Chair Sarnoff Okay. Ms. Oiler: Okay. My name -- Chair Sarnoff Anybody want to join Ana? No? Ana, you're up. Ms. Oiler: -- is Ana Oiler. I am Cuban. I have lived in Brickell area two blocks from St. Jude's church. Though the years have been -- through the years, I have been praying at St. Jude's whenever I have had a problem and St. Jude has interceded for me and God has helped me. I resent the state interfering with the status quo of this church. If it gets designated as a historic City of Miami Page 212 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 site, our taxes will go up, our insurance will go up; every time we need something done to the church, we will have to go through a lot of red tape to get it -- a building permit. Right now we need two bathrooms. This was a Roman Catholic Church before the Melkites bought it. We're eastern rite, which implies icons instead of statues, a wall at the altar railing, and candles and a lot of incense. Also eastern churches should have a cupola on top of it. This is our way of praying. Do not interfere with our faith by prohibiting us from praying our way. We own the church. Why should our use be limited by not allowing the changes that our faith and way of praying tells us? The people asking for the historic designation argue that the Pedro Pan children were sheltered here. I was here at the time. Some of them were sheltered in my house. They were sheltered at Little Flower Church. They were sheltered in Boys Town. There were 14,000 people. Out of maybe five of them stayed here, fine. My house is not asking for historic designation because we sheltered Peter Pan. The children here were just a few. There's nothing special about this building -- Chair Sarnoff Ana, in con -- Ms. Oiler: -- except that now -- Chair Sarnoff Ana, in conclusion. Ms. Oiler: Oh. Chair Sarnoff No, no, no, don't keep reading; sum it up. Say exactly what you want us to do. Ms. Oiler. Okay. All our parishioners -- Chair Sarnoff Ana. Ms. Oiler: -- are here because -- Chair Sarnoff Ana. Ms. Oiler: -- we love St. Jude. Chair Sarnoff There you go. Thank you. Ms. Oiler: Thank you. Chair Sarnoff Thank you, Ana. Alicia [sic] Ortiz. Applause. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Go ahead. Commissioner Suarez: I just want to say very briefly, because most of you maybe have never been to a Commission meeting and most of you are not accustomed to trying to maybe condense your arguments or didn't know you have to condense your thoughts into two minutes. At the 30-second mark, you're going to hear a beep, beep. And then when your two minutes are up, you're going to hear a louder, longer beep, so -- just so you know when you're getting up there, you understand what's happening. Chair Sarnoff Okay. Alicia. City of Miami Page 213 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Unidentified Speaker: We're partnering up. Commissioner Suarez: All right. Yeah, that's the ticket. Chair Sarnoff All right, teaming up, I like this. Alicia Ortiz: Alicia Or -- do I have to say my --? Chair Sarnoff You do, and you even have to give us your address. Ms. Ortiz: Alicia Ortiz, 7 -- what's -- 7250 Southwest 99th Street, Miami 33156. We want to partner up here. Marile Lopez: Marile Lopez, 1889 South Bayshore Drive, Coconut Grove. Ms. Ortiz: And we're here to say that St. Jude definitely is a different structure. It definitely is significant in that there are many Roman Catholics, andl would venture to say that the majority of the people that get married in that church are Roman Catholics that do not go to that church and they belong to other parishes. And the reason why they ask permission from their pastor and they take their pastor with them to get married there is because -- andl need to correct this andl have to say this, 'cause last time I almost got killed. God is in every church, okay, but they wanted -- they choose to get carried there because of its uniqueness, because of its architecture, because it is definitely -- there is not another church in Miami like that, so I just wanted to say that. Thank you. And we ask that you please consider historic designation. Chair Sarnoff Thank you. Applause. Chair Sarnoff Ramiro Ortiz and on deck is Lucia Dougherty. Ramiro Ortiz: Good evening, Mr. Chairman, Commissioners. My name is Ramiro Ortiz. I'm president and CEO (Chief Executive Officer) at History Miami, 101 West Flagler. I'm here to ask you today to vote ` yes " for the historic designation of St. Jude, not for us; for our children, for our grandchildren, and for their grandchildren. I've heard tonight, time and again, people dismiss the Academy of the Assumption. It's gone. It's no longer here. I want to make sure that with your `yes" vote, 50 years from now, 75 years from now, 100 years from now people aren't going to be sitting here saying, "St. Jude church, it's gone." The only way that we can assure that is with your "yes" vote. Miami, as you know, is a very young city; only a little bit over a 100 years old. When you compare it us to cities like New York, Boston, Philadelphia, who've been around for 300 years, we're like an adolescent, almost a teenager. A teenager needs a sense of roots. A young city like ours needs a sense of roots, a sense of permanency so that we can thrive. Legacy and history, that's what a "yes" designation will do for us. And by the way, a "yes" will assure that both sides are assured the continuity of St. Jude for the next 200 years. I would suspect that a couple of hundred years ago people just like this, in a room just like this, talking to a Commission just like you were asking for historical designation at St. Patrick's Cathedral in New York. Commissioners like yourself had the wisdom to say yes. As a consequence of that, 200 years later, we can all go and worship at a St. Patrick's Cathedral. I'm asking you to vote today `yes" so that future generations 200 years from now, can go worship at St. Jude. Thank you. Applause. Chair Sarnoff Okay. Let's not do that, all right? It's not -- it's just going to take time, and what I'll do is I'll penalize you 20 seconds per speaker, so there'll be a penalty. Just letting you know. One clap's okay. You're recognized for the record. City of Miami Page 214 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Lucia Dougherty: Good evening, Mr. Chair, members of the Commission. Lucia Dougherty with offices at 333 Avenue of the Americas in downtown Miami. I'm here representing myself. I'm not representing anybody else. I have attended church services at St. Jude, andl can tell you that from my standpoint, a nonprofessional, I certainly think it's worthy of designation, but I think that all the testimony that you hear today certainly would indicate that this meets all the designation criteria. But what we've heard from the Archdiocese is that we don't want to sell and we don't want to demolish. We do want to renovate. And we were -- they were -- I was in a meeting sometime, probably four or five months ago, when we invited them to submit plans for their renovation plans and get them approved prior to this designation, and that didn't happen, and there's no reason why they couldn't submit plans. And in fact one of the things that does protect them is they have not designated the inside. So the Baptistery or bathrooms could, in fact, be put in and not have to go through a Historic Preservation Board approval. Now, I would guess that Ms. Uguccioni was the Historic Preservation Officer when a portion of the boulevard shops, which was Robert Law Weeds Building, was designated. The Pagoda on Ransome Everglades is designated. It's a portion of on entire site. So this is not unusual to have a portion of a site designated. Now what's beautiful for them in connection with that is it's only one- third of the site. That means the rest of the site can be developed in your zoning ordinance as a T6-24, which means you can build up to 48 stories on that site. So, in fact, the rear portion could be developed if you wanted to and transfer the rights to the rear. Alternatively -- Chair Sarnoff And in conclusion. Alice Dahbura Borges: I'm going to give her my two minutes. Chair Sarnoff What's your name? Ms. Dahbura Borges: Alice Dahbura Borges. Chair Sarnoff And have you signed up? Ms. Borges: No. Chair Sarnoff Better go sign up, hand me the sheet, andl'll give her your two minutes. Anna Roman: My name is Anna -- Chair Sarnoff No, no, she could do it still. Ms. Roman: -- (UNINTELLIGIBLE). Chair Sarnoff You're giving your two minutes? Ms. Roman: I'll give her -- My name is Anna San Roman. Chair Sarnoff You signed up? Ms. Roman: I signed up. Chair Sarnoff What is it, Alice? Ms. Roman: Ana San Roman. Chair Sarnoff Ana San Roman, okay. City of Miami Page 215 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Ms. Roman: Yes. Chair Sarnoff Gotcha, Ana. Go ahead, keep going. Ms. Dougherty: Alternatively, the other thing is that they can sell the unused development rights on that site to the open market, to people who are using, who want to buy the bonuses -- in any T6 property that wants to buy bonuses, and we've done it twice now so far on Biscayne Boulevard. So from an economic standpoint, I don't think they lose by having this designation, and think they're protected. So with that, I would urge your designation. Chair Sarnoff Thank you. Jill Sperling and then after Jill is Lisette Ribas. Applause. Chair Sarnoff Jill Sperling, Lisette Ribas. Lisette Ribas: I'm -- Chair Sarnoff Jill? Ms. Ribas: -- Lisette Ribas. Jill Sperling: And I'm Jill. Chair Sarnoff Wow, look at this, we're going to team up. Unidentified Speaker: Yes. Chair Sarnoff Oh, triple up. What's your --? Ms. Ribas: The Academy of the Assumption Alumni Association -- Unidentified Speaker: He wants your name. Ms. Ribas: Sorry. Names. Lisette Ribas, 3829 Southwest 99th Avenue, and that's R-I-B-as-in- boy-A-S-as-in-Sam. Angeles Fleixes: Angie Fleixes, 13621 Southwest 98th Street. Chair Sarnoff Did you sign up? Ms. Fleixes: Yes. Chair Sarnoff And it's Angie -- Ms. Fleixes: Fleixes. Chair Sarnoff Fleixes. Go ahead. Ms. Ribas: The Academy of the Assumption Alumni Association comes before you today to give a voice to our beloved chapel. We stand on the shoulders of a French saint. We stand on the shoulders of Princess Grace ofMonaco. We stand on the shoulders of the Sisters of the Religious of the Assumption that founded Bay Haven and built this chapel and taught us that Miami was a young city and that Paul Revere never visited South Beach. We stand on the shoulders of Monsignor Bryan Walsh. We stand on the shoulders of the children of Operation City of Miami Page 216 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Pedro Pan. We stand on the shoulders of our parents that sacrificed and worked hard to send us to this school. And today we stand before the Commissioners of the City ofMiami as the children that were educated and raised at 1501 Brickell Avenue and ask you to please preserve the last remnants of our school, St. Jude Church, so that our history and the legacy of this building may endure for our children that stand on your shoulders and for many generations of Miamians to come. Chair Sarnoff Thank you. Applause. Chair Sarnoff Isabel Mallo Steele and on deck would be Rosa Don. No? Okay, Isabel Mallo Steele. No. Rosa Don, D-O-N? No. Dr. Suzanne Stonbely. How do I say that? Suzanne Stonbely: Stonbely. Chair Sarnoff Stun -- that's an "M"? Ms. Stonbely: Stonbely. No, it's just pronounced like that, because -- Chair Sarnoff Oh. Ms. Stonbely: -- when we got to Ellis Island, they Anglicized it. It was Stunbuly from Istanbul, who they descended in (UNINTELLIGIBLE) so it's good to bring you into the fact -- Chair Sarnoff Well, you got a lot of friends. Ms. Stonbely: -- that all of our family had to leave, because my grandmother was born into a family where they had 12 children but only two of them made to America, because they were slaughtered in their country for their religion. The Melkites have been around for 2,000 years and, God willing, they'll be around for another 2,000. I stand here today and I'm amazed. Justice is supposed to be blind. And you know what? I'm a specialist, I'm local andl love Miami. But you know what? I'm really concerned. I had to spend some time in New York, 'cause I lost my family and I'm really concerned. Now, how do I tell my story? I thinkl have enough time, okay? This didn't start in Miami City and it shouldn't be decided by Miami City. We had a priest who was very well loved, but unfortunately the church was in the red. We never accomplished the goals of redecorating our church. We never accomplished the way to bring our Melkite tradition to the forefront because the money just wasn't there. When he left, they brought in Father Murphy, who was Irish. Now, it's not a pretty story. You want to even investigate a hate crime at the end of this. I'm a licensed clinical social worker with a Ph.D (Philosophiae Doctor) in the social welfare. I've been studying media mob violence, okay, for like these big trials and seeing how people spin out of control in social media. This started when Father Gabriel left; an Irish priest comes into Miami and the Arabic people don't like him. I'm Arabic. But you know what? They call me American because I'm not from Venezuela Arabic and I'm not from the place where I don't welcome everybody into my life. Now we have this -- and we have to think of city as a patient -- Chair Sarnoff (UNINTELLIGIBLE). Ms. Stonbely: -- because the prejudice here is an integral part of story. So now they're not happy with Father Gabby. They want an Arabic priest. They want an Arabic priest. I'm up in New York andl see on Facebook one of the girls, you know, whose family is on this complaint, saying they'll do anything and that they won't stop at anything. I have all the documentation. They won't stop at anything. And then it spirals and it goes into a really ugly little story. When they couldn't get support, they brought the Pedro Pan people. I've counseled to Pedro Pan City ofMiami Page 217 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 children for trauma. I have my parishioners, who I love, who tell me their stories. They're not here because they had to go home to take their diabetic medicine. But they're deeply offended that a group of girls go on Facebook and are asking "Does anybody have a firsthand account of Pedro Pan?" I came here -- and this designation report, my daughter, who's in the sixth grade, would have been failed on. As a college professor -- I used to teach at FIU (Florida International University), okay? -- I would be ashamed to have this designation report out in public, okay? I want to put it into the record, all the corrections, okay? When she's talking about disenfranchising the Melkites as the most significant part of the church, my religion„ there's dot, dot, dot; something's wrong with this picture. When she goes in to describe 14,000 people and she's doing cut and paste of everything to do with the history of Cuba, she leaves out the fact that children couldn't come. The Embassy was closed on the third, okay? The few children that were here were in Maurice Ferre's house, and had to sleep on the floor because the City didn't grant them a permit because they didn't have a fire escape to let them sleep on the second floor. And actually, they didn't read you the part -- it turns out that Father Walsh was a real Irishman and Sister Elizabeth was a real -- here we go back to prejudice -- Englishwoman, and she didn't take too kindly that he came in and he wanted to put -- at the time they thought 200 were going to come. They didn't know what to do. And she froze. And it says it right in the oral history. As a matter offact, when I contacted the special librarian from the Barry University, she said "Are you part of the other group? They asked for the information a month ago and there's really nothing here for them." I have e-mails to attest to that. And what she did send me was the journal article where they cut and paste the part that served them, but they didn't tell you that in the same article, if you just take a pen and pencil, you could see no children came on the 25th. They were disappointed. None came on the 26th. None came on the 27th. None came on the 28th. Nobody came in, except for two children. And on the 3rd, the Embassy was closed. I want to tell the Cuban history. But you know what? If we start using the Cuban race card, we're going to not be able to go into the future as a vision. This is a wrong thing. We have seen a systematic attack on a little church. We're not part of the Archdiocese. When you went to Pedro Pan -- I mean, to Ermita Caridad, they told you "no." The big word here is 'forced" -- okay? -- forcing us to take a designation. The other side of it -- I know I'm going to get cut off now. But the other side of it also, how can we keep litigating and making this church send over $75, 000 on a report that's erroneous, factually incorrect, disingenuous, misleading? How could you have a footnote from a woman, from a personal e-mail, when she's on Facebook the same day asking for information, but before or after? How can you say that this is Assumption can go on Radio Mumbai, a government radio, and thrash our bishop and priests and clergy? I mean, a funded radio that was supposed to be in the name of freedom, and repeatedly, repeatedly insult and degrade a bishop? And what? Because we're not Roman Catholic, then everybody could get away with this? And then what was the next step? They had to go and incite the Brickell residents. And so Brickell Homeowners, which I wrote them a strong letter -- andl thinkl sent it to each one of you -- Brickell Homeowners go and disenfranchise the Melkites as the current occupants, and this whole talk is based on the idea. Now would you go to Little Flower and say, "You're in danger of selling; we have to save you"? Okay. I made friends in the community, andl started a coalition that we will ask you to make this therapeutic and start the healing in the community. Exempt churches, except by landowners, so that people like this can't start a process because they're not happy, okay? Anybody at any time -- as a matter offact, when I called Beth David, they said, "Please, we don't need friends like that." And when I called Little Flower and explained what had happened -- Chair Sarnoff In conclusion. Ms. Stonbely: Excuse me? Chair Sarnoff In conclusion. Ms. Stonbely: I have plenty of people that want -- City of Miami Page 218 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff No, no. Ms. Stonbely: -- to give me their time. Chair Sarnoff You have eight -- you had eight minutes. Ms. Stonbely: Okay. I have other people that want to give me their time, okay, the speakers, okay? Chair Sarnoff Thank you. Ms. Stonbely: They want to give me -- Can I make my conclusion? Chair Sarnoff Thank you. You've spent your time. Thank you. Ms. Stonbely: I think that I'm being censored. Here's another two minutes, okay. I have his two minutes, okay? Chair Sarnoff What's your name? Unidentified Speaker: (UNINTELLIGIBLE). Ms. Stonbely: Okay, andl have hers. Chair Sarnoff (UNINTELLIGIBLE). Did you sign up? Ms. Stonbely: And you see -- Unidentified Speaker: Yes, sir. Chair Sarnoff Okay. Ms. Stonbely: Okay, so then -- Chair Sarnoff Two minutes. Ms. Stonbely: When they couldn't get their own significance, they went out and they start to incite the Cuban community with anti-Melkite sentiment. People went on the radio, insulted our bishops, our priests. One of our priests was pulled off the altar by somebody who wasn't happy. They wanted an Arabic priest. And then they went to the Brickell residents, and the Brickell residents wrote a letter that the community needs are more important than the current occupants. Now, I don't know, but the definition of "communism" is basically when you cannot practice your faith. My little Cuban parishioners have asked me to stand up here and say that the day they closed the churches and the government got involved in Havana, civilization ceased. They're only 90 miles away. They didn't forget when the government went into their church. Now, he quoted an old law article, but since then, in 2000, RLUIP (Religious Land Use and Institutionalized Persons) was brought in, andl could give you a copy of it. And basically, they go saying that it's significant beyond the Melkite church. I want to see them say it's significant besides the Archdiocese, okay? This is what's presently going -- and it says right here that "local governments are charged routinely back for our attorney costs." They want to keep saying it's not going to cost us, but the real reason is, Are we preserving our property or are we preserving the air rights for developers? This was something that comes up. Didn't they realize the 60-story building would block their view going on a rumor that was mischievously created to create this? This is how much our insurance would go up and why it would go up. City of Miami Page 219 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff And in conclusion. Ms. Stonbely: I want to put it in the record, okay. Chair Sarnoff And in conclusion. Ms. Stonbely: And in conclusion, I think that the City needs to heal. And if we have people who are sitting on councils smiling -- Chair Sarnoff Thank you. Ms. Stonbely: -- because of their happiness -- Chair Sarnoff Thank you. Ms. Stonbely: -- you know -- Chair Sarnoff Thank you. Ms. Stonbely: Well, you want to know something. I want to thank you -- Applause. Chair Sarnoff Mowzani Andrea. Mowzani Andrea. Andrea Mowzani: Andrea Mowzani, 77 Crandon Boulevard, Key Biscayne, 33149. I am a parishioner at St. Jude. I have been serving during the last ten years as a lay pastoral assistant. I cannot believe to have to be here standing in front of you to have to defend our church from an imposed designation. We really think the Operation Pedro Pan saving kids from communism was excellent, excellent, no doubt about it. The Alumni from the academy were, are, and will always be loved and welcomed at St. Jude. Keep in mind that the Diocese of Newton purchased the property and for over 36 years kept the church open and kept the building and the entire property in perfect state. The church came back to life when we install the Shrine of St. Jude. We are a minority; 47 churches in all United States. We want to defend our identity, and that is why we oppose this designation that will tie our hands and violate our constitutional religious right as it was already explained. I do know that that churches have be declared historical, but this will be the first time it will be forced upon church, the owner of the property. Please, please, we do not want the intervention of the local government in the life of our church. The designation is neither needed nor wanted by the clergy and the majority of the parishioners. St. Jude will not be sold, will not be closed, will not be transferred anywhere. The only thing we need to save St. Jude from is imposed designation. Thank you. Applause. Chair Sarnoff Teresa Lastra, Catherine Walker Barkett, Gabriella Becagli. Who are you? I'm sorry. Teresa Lastra: I'm Teresa Lastra, 1700 -- Catherine Barkett: I'm Catherine Barkett. Chair Sarnoff Catherine Barkett, all right. And you -- I'm sorry. You're with -- you're who? Ms. Lastra: I'm Teresa Lastra. Dr. Lastra. City of Miami Page 220 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Okay. You're two together, right? Ms. Barkett: Yes. Ms. Lastra: Yeah. Chair Sarnoff Go ahead, I'm sorry. Ms. Barkett: Use the time. Thank you. One six two -- Catherine Barket, 16200 Bayside Point East, Fort Myers, Florida. I'm a graduate of the Academy of the Assumption, and we are here. We exist. We have not gone away. I don't know how many times we've heard that. You guys may want us to go somewhere, but we -- there are hundreds of us who live -- who still -- well, I don't live in the City anymore, but hundreds of the alumni are living, functioning, working in the City ofMiami and working in Dade County. And we're a very close group. And to hear the way you guys talk about us and the nuns and everything that meant so much to us is extremely disheartening. So we want you to -- couple of things that -- you mentioned that nobody came to pray there before it was St. Jude. I was there for seven years, lived there as a border, andl was at benediction every day, and there were people in there praying in that church all the time. So I don't know where you get that information. I was there at benediction every day. As far as lacking integrity, the church in lacking integrity -- construction and architectural integrity, it has survived two of the worst hurricanes in the history of the United States, so I don't know how much -- how bad of shoddy construction it could be. It's done pretty good to survive Hurricane Andrew. So in addition, the integrity of the setting does exist. It's difficult to continue to hear from people who have never lived there and who never spent time there talk about our home. And so I -- Chair Sarnoff (UNINTELLIGIBLE) your time. Ms. Barkett: -- we want you to designate it as a historical site and keep it the way it is. Chair Sarnoff Thank you. Ms. Barkett: Thank you. Applause. Ms. Lastra: I'm a resident of the City ofMiami. I live at 1700 Southwest 21 stAvenue. I attended the Academy of the Assumption. I am currently a dentist here in the City ofMiami. And I was a parishioner of -- part of Saint Kiernans when it was there, andl still go to St. Jude every now and then, because it's a part of my history, andl think it's very important to the City of Miami. So I think it's important that you do vote for it. Thank you. Chair Sarnoff Thank you. All right, Gabriella -- there you go. Gabriella Becagli: Becagli. Chair Sarnoff Becagli. Thank you, Catherine. Sorry. IfI mispronounced it, I apologize. Ms. Becagli: I live on Brickell Avenue. I mean, Brickell Key, 848 Brickell Key Drive, Unit 1602, Miami, Florida 33131. I have been a very active parishioner of St. Jude Catholic Church during the past 17 years, serving as member of the building committee, member of the parish council, organizer of the Thanksgiving drive, Christmas drive, and now as servidora of -- as president of the Servidoras of St. Jude. Sometime ago a number of parishioners introduced a petition to the City ofMiami requesting to declare St. Jude Catholic Church a historical monument. Does it sound great? Of course it does. But only to those that are not aware of consequences that this City ofMiami Page 221 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 termination [sic] will carry. The highlight of their allegation was the argument of the sale, closing, transfer of the church, which was, from the very beginning, clearly and openly denied by our bishop in writing. Even after this denial, through political influences and friends in the local media, we must say that they did a real good job. They published articles and went to the local media asking to save St. Jude from developers, making belief that the church was at risk of being demolished and replaced for a high-rise condo. What the majority of the people don't know is that behind the reason of this petition, there are greater personal interests that go way beyond saving St. Jude. The saddest part of all is that this -- that with their false argument, they were able to manipulate a group of good faith people, such as the alumni of the Assumption School, the Cuban community, and even the media. We know that Mr. Ernesto Cuesta, president of Brickell Homeowners Association, wrote a letter supporting the designation. Chair Sarnoff I take it you're both giving her your time? Marcello Becagli: Yes. Chair Sarnoff Can I get your names? Mr. Becagli: Marcello Becagli, 848 -- Chair Sarnoff Have you signed up, Marcello? Mr. Becagli: Yes. Chair Sarnoff And what was your name? Adriana Alvarez: Adriana Alvarez. Chair Sarnoff Okay, thank you. I'm sorry, continue. I apologize. Ms. Becagli: It is very important to pinpoint that Mr. Cuesta did not represent all of the Brickell area, but just from 14th Street to Rickenbacker and from 13th Street to the DuPont Hotel in 2nd Street, including Brickell Key. The association is Brickell Area Association, presided by Mr. Daniel Ponce, who understands and stands by us, the church, and opposes to the designation. All of us agree that the constitution and criteria is that there is a separation between the state and the church. If St. Jude were made a historical monument, we would be impeded from continuing to adopt our building to the needs of our byzantine worship and we would need approval to exercise our religious freedom, and this goes against our constitutional rights. I stand here in front of you Commissioners to respectfully ask you to exercise your authority by protecting our rights, protecting the well-being of our church, and by showing all of us here are present that what really matters in this land of freedom is not who you know but what you know. Yes, St. Jude is a very important landmark in Miami, but the reason is not architectural; it's not historical. St. Jude is the landmark of faith, of hope, of healing. St. Jude is the landmark of more than 15,000 believers that visit the shrine at least once a year to ask for that miracle that will change their lives. Even if St. Jude were a shoe box instead of a pretty building, it will still be an important landmark on Brickell Avenue, because what makes it a landmark is St. Jude, our patron, and for that, there is no historical designation needed. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Marta Bethart, who I think is giving her time to Kiddy Walker; is that right, Marta? Are you giving your time to Kiddy Walker? City of Miami Page 222 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Marta Bethart: No. Souraya Faas: She's going to give it to me, Souraya Faas. Chair Sarnoff Souraya. And what's your last name? Ms. Faas: Souraya Faas. Chair Sarnoff Spell it. Ms. Faas: "F" as in "Frank," double "A," "S, " as in "Sam," 8916 Southwest -- Chair Sarnoff And you have signed up, right? Ms. Faas: Yes, I have. Chair Sarnoff Okay. Ms. Faas: Andl have a couple of people also that are yielding their -- Chair Sarnoff Just need to give me your name and you need to tell -- Ms. Bethart: Marta Bethart. Chair Sarnoff Marta -- Ms. Bethart: Bethart -- Chair Sarnoff I gotcha. Ms. Bethart: -- 7600 Southwest 117th Street, Pinecrest. Chair Sarnoff You're giving your time to Souraya. Ms. Bethart: Yes. Chair Sarnoff Who else is giving their time to Souraya? What's your name? Rosa Mari Alvarez: Rosa Mari Alvarez. Chair Sarnoff What is it? Ms. Alvarez: Rosa Mari Alvarez. Chair Sarnoff Mari. And you signed up, right? Ms. Alvarez: Yes, I did. Chair Sarnoff Okay. Margaux Cruzet Penichet: Margaux Cruzet Penichet. Chair Sarnoff And I take it you -- I'm going to assume everybody has signed --? Ms. Penichet: Yes. City of Miami Page 223 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Okay. Alina Garcia: Alina Garcia. Chair Sarnoff Alina Garcia. Esperanza Oerdomo Steinmiller: Esperanza Steinmiller. Chair Sarnoff Steinmiller. Marta Castellanos: Marta Castellanos. Chair Sarnoff Marta -- Ms. Castellanos: Castellanos. Chair Sarnoff -- Castellanos. Lillian Dominguez: Lillian Dominguez. Chair Sarnoff Dominguez. Zena Farah: Zena Farah. Chair Sarnoff Okay. So, apparently, you're going to have 4, 6, 8, 10, 12, 14, 16 minutes. Ms. Faas: But before I start, if you don't mind, I have everybody's information when they spoke about it that has to go on record. They told me that I needed to state that, to give it to them. Is that okay before I begin speaking, to give it to them? Chair Sarnoff If you run real fast. We get a month off after this, right? Ms. Faas: Okay. Good evening, everyone, Honorable Mayor, Commissioners, fellow parishioners, and community members. Before I begin, since we're on the topic of St. Jude: St. Jude, today in Thanksgiving, for the countless times you interceded for all of us, stand by us as we intercede for you. Enlighten the Commissioners and open their hearts as they take their decision on preservation. Our Lady of Assumption, we askyou to also intercede for us today as we defend your honor and the rich history that lay within every brick of your chapel's walls. Dear God, forgive the clergy for misleading the people, for placing fear in their hearts, and furthermore, more taking down the cross that stood over the altar. In the name of that same cross, we askyou, Father, Son, and Holy Spirit, bless us, stand by us as we seek designation, and protect us from all harm. Amen. Adorn yourself with the truth. Try to speak the truth in all things and do not support a lie. No matter who asks you, if you speak the truth and someone gets mad at you, don't be upset but take comfort in the words of the Lord: "Blessed are those who are prosecuted [sic] for the sake of the truth; for theirs is the kingdom of heaven." This quote was actually posted today on the Melkite Association of Young Adults. I am the founder of Florida's Chapter of National Association of Melkite Youth and the Melkite Association of Young Adults, and today they're actually on a retreat, and that was posted there, and l felt it was a blessingl needed to share with everybody. The reason being, I'm sure everybody would want to know what the bishop had to say, so we're going to play from the last meeting what the bishop said he would like to do with the church. Okay, in the meantime, while we get the audio fixed, I am going to present to you a total of 169 people that were here earlier and had to leave, of course, because it's gotten very late, but left these letters signed in support of designation. I'll send them for the record later. We've also given you over 2,500 petitions that were signed at the time to the City of Miami Page 224 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Historic Preservation Board also on record. President Truman visited Our Lady of Assumption, and you have that as well. Dr. Garner, I want to tell you that the Miami Herald, in May 1977, cited the church as a historic, unless you don't consider the Miami Herald as a reliable source, and you all have a copy of that. Mr. Expert, I might not have the Ph.D, but I have the common sense to Google, and that's where I found all my information, dating back to 1946, from the New Times and the Miami Herald, under the Assumption Chapel Academy, St. Jude, Bay Haven, and so forth. I can give you a lesson later. In regards to the bathrooms, we do have a bathroom in the sacristy. I don't know why we're even talking about bathrooms or think it's an issue, but we also have a bathroom in the courtyard area where people can use it, and we have four bathrooms in the parish hall that are always open during all our masses, which brings me to the fact that since our attendance is way too large, we had to cancel this Saturday, because we just didn't have enough people to attend, because the clergy felt it's more important to have baptisms and weddings from the Latin rite because that brings in more money, okay? Because everything nowadays has to do about money, okay? When asked the clergy "Why don't you want to support designation, " they tell you because their property value is going to go down. Well, then I ask, What do you care about the property value? You said you're not going to sell it. Andl did intensive research, and we found out that the residential property is going to go up, the value of their property. And last I checked, the churches don't pay taxes, right? They're tax-exempt -- somebody, please correct me -- which brings us to what the clergy has been misleading people with. In front of you, you'll find a statement from the deacon who says, "The church is not for sale and has never been for sale. But if it becomes a historic site, then I will push for the sale of the property." Andl won't tell you what he's going to convert it into, because I think that's wrong. I'm going to respect him for that and not mention what he would want to turn it into. And then you have him saying -- this is all on Facebook -- that "Go ahead and make St. Jude a historic site," and we want to have -- we won't have a church anymore. It will become a landmark, not a house of worship. This is why they have everybody scared, okay? But it doesn't continue there -- it doesn't end there. Then we have a letter from the bishop that was posted all over the church, in the bulletins, and mailed out, okay? And I'm not going to even tell you about the letter that he sent just to the four of us that are really ahead of this, okay? And he says, "Anyone who attempts to disturb the peace of the parish or who incites hatred or ill feelings towards the lawful hierarchy of the church places themselves in great spiritual jeopardy. Church law provides the most serious penalties for those who engage in such reprehensible behavior. Accordingly, I issue this warning and momentum to any and all persons who engage in such behavior and to all who support them in any way. Their continual behavior can have serious consequences." But you and both know that what we're doing is for the right of the people. In the end, the church is for the people. This is why we came together as a community seeking historical designation, okay. I'm standing here before you representing not just the Melkites and the youth, but everybody who just gave me their time. And these are people from Assumption Academy, the people from Pedro Pan, everybody. Because in the end, we're one community, okay? My family is Syrian, but we're Syrian American who respect everybody, okay? So there is no division between us, okay? And the rest of the time, I would like to give it to the bishop so you guys can see what it was he said at the last meeting. At this time an audio-visual presentation was made. Ms. Faas: Well, I think the bishop kind of said it all. So we might not sell it. He might not want to do -- but he does have plans 50 years from now to maybe want to demolish it, and this is why we're here in front of you today to seek designation. In the name of the 25,000 units that the Brickell Homeowners Associations [sic] represent; in the name of the parishioners and the youth of the Melkites; in the name of the Pedro Pan representatives here and the Alumni of the Assumption, we are seeking designation for St. Jude Melkite Catholic Church. Thank you. Applause. Chair Sarnoff All right. I just want you to know we need to take a five-minute break not City of Miami Page 225 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 because we can't handle it; because our computer equipment needs a break. So they need to flip this into tomorrow. So we have a real five-minute break, guys. Thank you. Later... Chair Sarnoff Ana Castillo, I take it you're giving your time to Kitty Walker? Nereida Garcia. Mr. Muniz: If may ask, Mr. Chairman. There was a clip of the video of the prior hearing put into the record. I'd like the entire hearing into the record. I requested that earlier, andl think it was agreed to and it went in, but if they're going to put a part of it in, I'd like all of it in. Chair Sarnoff I'm going to say the same thing one more time to you. You can put whatever you want in. I want the record to reflectl am considering merely what is put in front of me, and like Commissioner Carollo, if you'd like me to go in the back and read the 11 inches, I want you to be back here at 5: 30 this morning. So it's your choice, counsel. Mr. Muniz: I'd just like to make sure that everything is considered and that things are -- it's understood -- Chair Sarnoff Well, state -- Mr. Muniz: -- that things may have been taken out of context. Chair Sarnoff -- what proceeding do you want as part of the record, but there -- I don't think there's a Commissioner here -- and I'm not going to speak for them -- that has watched the entire videotape. If there's a portion of that videotape that you think, in fairness and completeness, needs to be played, what I would do in your shoes is have somebody read this and look at it very quickly and show us what you think -- I think it's -- I'll give you a rule of procedure, and I think you know it. Completeness and fairness dictates that we also watch this. Mr. Muniz: I am not going to do that to the Commission. Chair Sarnoff That's fine. Mr. Muniz: But I do want to point out that there's a context to everything, including the letters that were read and the video that was shown. Chair Sarnoff I understand. All right, Nere -- is Nereida Garcia there? She's gone. I'm going to write down "gone." Maria V llar. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff What's your name? Tatiana Martinez: My name is Tatiana Martinez. Chair Sarnoff Tatiana -- I'm sorry, Tatiana -- Ms. Martinez: Mr. Chairman, Tatiana Martinez. Chair Sarnoff Martinez. Ms. Martinez: Andl do have a signed request to speak. Chair Sarnoff I'm going to find it, and I'll let you speak now. City of Miami Page 226 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Ms. Martinez: I live at 3631 Southwest 19th Street, Miami, Florida. Andl am an Assumption alum. And I just wanted to ask the Honorable Commission and our Mayor to please consider designating St. Jude Melkite a historical monument. Talking about integrity of setting, I don't think we need a physical place for association. Our association is the history of this City. Today, in this very austere or very interesting session that we've had today, we are creating history. And Mr. Chairman, at the beginning when I heard you say that you were going to hold our presentation until 7 o'clock, I thought Oh, dear. "But, actually, I would like to thank you, because I have learned a great deal today from this Commission and the City ofMiami, and I'm proud to live here. Andl would like for this historical monument to continue in our City. I think it's eclectic, yes. We are eclectic. The City ofMiami is diverse and eclectic, and there is no one -- andl really appreciate the fact that at our last reunion, which was -- I think it was 25 year reunion, Father Damon invited us and allowed us to come to St. Jude Church and there was standing room only and there were a lot of people in that church who perhaps never went back to that church after we graduated, but a lot of us do continue to go, and we appreciate them opening the doors to us. Andl thought it was a wonderful experience. Andl think that their rite is excellent. I don't think, sincerely, Father Damon, that by declaring this site a historical monument or historical site, it's going to preclude him from creating the church and their rites as they would like. I truly believe what the other experts have said. I do not believe that they are in the right idea, butt respect their idea, andl thank them for opening the doors to us in more than one occasions [sic]. Andl do remember that that night we had standing room only at the Academy of the Assumption at St. Jude Melkite. Thank you, sir. Chair Sarnoff Thank you. Applause. Chair Sarnoff Elena -- I'm sorry. Clara Elena Cutie Gonzalez. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff To who? Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Okay, okay. Dario Procopio. Dario Procopio. Commissioner Carollo: She wants -- Unidentified Speaker: Procopio. Commissioner Carollo: -- to give her time to someone else. Chair Sarnoff She spoke. Dario, go head. You're recognized for the record. Dario Procopio: For the -- good evening, Commissioners. For the record, my name is Dario Procopio, andl live at 2425 Southwest 24th Avenue, Miami, Florida. I been a parishioner for the last ten years. And I'm also a lawyer in my country, andl hold the equivalent of the juris doctor here, so I feel entitled to talk about legal issues. And as a person with a legal education, I believe that we are ignoring the U.S. (United States) Constitution. This process crosses the lines between church and state. This process is against the right of private property. This process is against the rights of freedom of religion. Let's remember that the rightful owner did not ask for this process and openly opposes to it. So I hope andl hope andl pray that you base your decision only in fact evidence on the strict language of the law, not the rumors, not fancy interviews, no romantic Cuban story that I respect, but I don't think its basement of a decision of City ofMiami Page 227 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 this kind. Thank you, Commissioners. Chair Sarnoff Thank you. Applause. Chair Sarnoff Maria Antonia Delgado. Unidentified Speaker: Wait. I was going to take her time that was called. Can I? Chair Sarnoff Are you Maria Antonia Delgado? Maria Antonia Delgado: I am. Chair Sarnoff Okay, Maria. Commissioner Carollo: Yeah. She -- I think she gave her time to someone else by mistake. She wanted to give it to her. Chair Sarnoff No, I understand. Are you signed up to speak? When your time comes, let me know that so-and-so gave you your [sic] time. Go ahead. Ms. Delgado: Yes. Good afternoon. My name is Maria Antonia Delgado. My address, 726 Valencia Avenue, Coral Gables, Florida 33134. I'm from Venezuela. The reason I moved to Miami was because my father-in-law was kidnapped in Peru by terrorists. We came to the United States of America to live in freedom and safety. I have worshipped in St. Jude since the year 2000. I played the guitar for years at the Spanish Mass. I love this church. I'm here today to speak about owner's constitutional rights above historical constitutional rights. I have three cases. The owner's rights prevail. First, I would like to start with Hialeah Racetrack, where John Brunetti was subjected to the burden of financial cost for multiple lawsuits and ultimately, he prevailed. I don't know if you remember that. Oh, you know that. Secondly, in the case of Vizcaya, after John Deering died, his sisters choose to freely sell the property for $1 million in 1985 to Miami -Dade, freely again. And the thirdly, in the case ofMiami Today's news building, while we love to see the brick building on Brickell area, again, the owner's right prevailed and it was sold okay? Now, why do we not respect owner's right of St. Jude Church, especially when they are exempt? Why not allow the owners to have their properties? As our elected representatives, do you want us to believe that each of you, or the Brickell, or the association, or the architectural historical? Anyone allows someone decide to -- the daily operation and cost of how your own house is believes and believes. Commissioner, no charge or residents in Dade County should be forcely [sic] designated. God bless America. Zuleida Lugo: I (UNINTELLIGIBLE) -- Zuleida Lugo. Chair Sarnoff Zuleida -- Ms. Delgado: Okay? Ms. Lugo: Lugo. Chair Sarnoff -- Lugo. Ms. Delgado: You want (UNINTELLIGIBLE)? Okay. Chair Sarnoff And did you sign up, Zuleida? Mr. Delgado: Let me finish. City ofMiami Page 228 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Ms. Lugo: Yes, sir. Ms. Delgado: Okay. Commissioner, no (UNINTELLIGIBLE) of residents in Dade County should be forcely [sic] designate. As the architect, you know, showed before some pictures, I'm a realtor. Brickell is growing, growing so fast. The City is giving permits to build new residents, new restaurants, new bars, shopping centers, and full -- that fulfill new residents' needs. Now, also, we have to fulfill our spiritual needs and rights. If we need to -- a bigger church, we have to build a bigger church. We have more buildings. We have more residents. We got -- maybe in ten years we need a huge church like, you know, the Little Flower. It's beautiful. Maybe. Why not? Brickell is -- you know, it's explosing [sic] of new residents. If we need a new church, hopefully you can help us. All of us can be together and, you know, build a beautiful church with St. Jude and with God. Please, God bless you. God bless America. Thank you very much. Applause. Chair Sarnoff Sandra Rodriguez. Sandra Rodriguez. Sandra Rodriguez: Can she talk for me? Chair Sarnoff What --? That's that popular woman in that white shirt, better known as Zuleida Lugo, right? No? Unidentified Speaker: No. Chair Sarnoff Oh, that's right. I apol -- I never did get your name. Go ahead. Camila Borges: Camila Borges. Chair Sarnoff And you've signed up, right? Ms. Borges: Yeah. Chair Sarnoff Say it again. What is it? Ms. Borges: Camila Borges. Chair Sarnoff Camila. Commissioner Carollo: She's got two people donating time. Sylvia de Armas: I'm Sylvia de Armas. I'm donating my time. Chair Sarnoff One more time. Ms. De Armas: Sylvia de Armas. Commissioner Carollo: Three (UNINTELLIGIBLE). Chair Sarnoff And? Alice Dahbura: And Alice Dahbura. Chair Sarnoff Three, right? Three of you. So six minutes. Mr. -- City of Miami Page 229 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: No, and her. You got eight. Chair Sarnoff Oh, eight minutes. Commissioner Carollo: Eight. Chair Sarnoff Eight minutes. Commissioner Carollo: Yeah, see. Those are the four. Two times four, eight. Ms. Borges: That's good. Chair Sarnoff Okay, eight minutes. Commissioner Carollo: Yeah. Chair Sarnoff Go ahead, I'm sorry. Ms. Borges: Okay. Camila Borges, 11218 Southwest 64th Lane. I'm here to speak to you as a parishioner in favor of the designation of the church. I was baptized here. I was born and raised in Miami. My Parents are architects. I was born into a family of architects, andl have -- I'm studying architecture myself. So not only am I speaking to you as a parishioner that love this church; I was baptized there. I have spent my life there, my Sundays there. Unidentified Speaker: Excuse me, excuse me. She's not a parishioner. Ms. Borges: I am a parishioner. I went to school for architecture away in University of Florida soI couldn't attend every Sunday, but am a parishioner. Andl was (UNINTET,TIGIBT,F). Chair Sarnoff All right, all right. Ms. Borges: Thank you. Chair Sarnoff I'll tell you what, the next person to speak from their seat will be asked to leave by a sergeant of arms, and that's not a pretty sight. You give her the same respect that she gave you. And at midnight, we're not going to start -- you guys have been great today and you're going to stay great. You got two more hours of this. Go ahead. Ms. Borges: Okay. I want to put all gossip and all of that emotional stuff aside, andl want to speak to you as a lover ofMiami and as an architecture student. Andl think that in the video that they just played somebody mentioned that it's the natural thing to do, right? So in buying the church, St. Jude gave the history another chance, right? So why don't we take that step further and designate it and make it even more powerful. I think together as a community, whether we're for it or against it, we need to be under God and we need to put our power together and make this happen. I have studied architecture for five years. I'm getting my masters now at FIU (Florida International University), andl have studied Miami. I have done my fair share of studying abroad and visiting many cities, and I think that having a church like that on Brickell Avenue is an anomaly. It is beautiful to find that amongst everything else that there is there. In 2010 I brought a group of students from the University of Florida to Miami, and we were attending the AIA convention, which happens every summer, andl led a tour of the students with an architect, and we started at St. Jude. And the students were -- they were amazed. And Dr. Garner mentioned something about architecture students, and that sparked that memory in my mind andl think that it was a wonderful experience for these students, and it would have been so powerful for me to stand there as not only a parishioner but a student of architecture and say this church was designated historical. These parishioners love this church City ofMiami Page 230 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 so much and it means a lot to this community in Miami, which is very young and needs a lot of this history to be designated. So with that being said, I am for the designation of the church, and I would be very happy to bring a new group of students from FIU or from anywhere and teach them about this process and explain to them how this church is now designated historical. Thank you very much. Chair Sarnoff Thank you. Applause. Chair Sarnoff Esperanza Hope Medina. Esperanza Hope Medina. Esperanza Hope Medina: Yes. Chair Sarnoff And on deck is Teresa Quijada. Ms. Medina: Yes, she's not here now, but she was an elderly lady. I had to take her home, and she ceded her time to me. Chair Sarnoff Okay. Ms. Medina: If that's possible. Chair Sarnoff Sure. Esther Gonzalez Guerra: May I give her my two minutes? Chair Sarnoff And what's your name? Esther Gonzalez Guerra. Esther Gonzalez Guerra. Chair Sarnoff Esther, you signed up? Ms. Guerra: Yes, I did. Chair Sarnoff Okay. So you have six minutes, ma'am. Ms. Medina: Okay, thank you. Honorable Mayor and distinguished Commissioners, I want to thank you, first of all, for giving us the opportunity to voice our opinions. I am not Pedro -- I am an alumni from Assumption Academy, but I'm not a Pedro Pan -- I don't have that history. I have a history from New York City, so I'm going to speak to you basically -- I'm asking you to please designate this church to unite -- to leave it as a legacy for my grandson, who was sitting here beforehand, who I had to take home -- and thank you for allowing us to go longer, okay. But I remember moving down from New York City, driving down, and my father and my mom, we wanted, you know, better climate and so forth; and as we entered New York -- and as we entered Miami in 1964 -- 1962, my father saying, "Oh, this is all palm trees. This is all palm trees." And as we were coming down, you know, we saw that big Coppertone -- that sign of Coppertone with the Freedom Tower, and my mom was a guide with a map, and my mom said "Well, this is the Coppertone. " And then we came down like that. And remember asking him and my mom, 'cause she was the one who would ask; my father would just keep on driving. And she asked -- you know, we were going towards the Roads, 'cause we had bought a little house in the Roads and -- but we hadn't seen it. So as we're coming down towards the Roads, you know, someone said "You will see the church." And what church? "Don't worry. When you get to 15th Road, you will know the church." So this church, even since the 1960s, this was like one of first landmarks. This is an icon, which is -- basically it reflects like the microcosm not only of Pedro City of Miami Page 231 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Pan, okay? It's not only Pedro Pan. It's not only Assumption. It's people who lived in this community. My father became an American citizen because he went to war for the United States. He was a legal. So he was very, very proud that -- and, you know, when we get into the house, there was a picture of Christ and then there was a picture of the honorable discharge from, you know, the U.S. Army. He was so proud to be an American. And remember my father seeing that church -- and I'm going somewhere with this -- and saying, This" -- you know, he found out about the church. This is, of course, you know, the only daughter of a Cuban -American man. "This is the church my daughter's going to." He never went to church, I'll tell you the truth. But when he went there one day - you know, it was a woman's thing, okay? But when he went there one day, he read that Truman had been there. And something that has not been mentioned here: On the flag there were medals -- I don't want to get emotional, 'cause he's no longer here -- of veterans from World War II that had come back. Because that whole area, you know, had been designated for those veterans, that whole area, that Coral Gate, that -- you know, andl still remember Mr. Anderson and so forth saying, "Oh yeah." And people would come -- the men would come from World War II, those veterans. And after that, they would go and they would pray there, and they would hoist that -- I remember 'cause that was the only thing that my father would go to church and he would look at the flag. And he would be like proud as a peacock because he was an American. So it's not Pedro Pan. It's not Middle East. It's everyone together. And I'm asking you, I'm begging you to reconsider and keep this -- make it an historical landmark so that my grandson and -- oh, and by the way, boys did go to Assumption Academy, 'cause my brother, John Richard Medina, who is an architect, went to Assumption Academy until the second grade. He was the favorite student ofMother Beatrice, and then they stopped having the boys there. If not, he would have continued. Pardon? He was a cutie. Unidentified Speaker: But what did he do that made him (UNINTELLIGIBLE). Ms. Medina: Okay. I don't -- must have been something, knowing him. But -- okay. But I just want to thank you, you know, so I don't -- I want to unite. And as a mother, as a grandmother, and as an educator -- and something else, I am not an architect. He's the architect. I can't draw a straight line. I can tell you about a simile, about metaphor, extended metaphor, but I've taken students all over the world. Now, I don't know; when they tell me about Pompeii and whatever, I don't know much. I look at it, I go, "This is really beautiful." Oh, I just know that it took hundreds of years for some of those cathedrals to be built, so Sometimes ideas changed, you know. I know that when, you know, we go to the Capitol, I wonder -- and they go and they go -- andl say, "Well, it's a" -- But know that not everything has to be perfect to be considered architect -- you know, the architectural epitome. Maybe that's what makes it. That's what makes it wonderful, that it's not perfect. But once again, I want to thank you. I want to thank you in the name of my father and in the name of everybody here. Please keep it because I -- you know, I would like to have a place to where I can go and show my grandson where I married, where we studied, and where Miami -- it reflected the microcosm, you know, ofMiami as it was the '40s, '50, '60s, '70s, and even now. It's a great little church. Thank you very much. Chair Sarnoff Thank you. Applause. Chair Sarnoff Gustavo Sanin. Gustavo Sanin. Gustavo Sanin: I donated my time. Chair Sarnoff You did. Thank you for being honest. We who labor here just like to labor here. Thomas Lutfay. Thomas Lutfay. Lutfay. City ofMiami Page 232 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Lutfay. Mr. Lutfay: Lutfay. Chair Sarnoff How do you say it? Mr. Lutfay. Lutfay. Chair Sarnoff Lutfay. Mr. Lutfay: Or Lutfay. Chair Sarnoff Lutfay. Mr. Lutfay: Okay. Hi. My name is Thomas Lutfay. I live at 3810 Southwest 167th Terrace, in Miramar. I am a parishioner of St. Jude Melkite Greek Catholic Church; been a Melkite for 51 years, originally from New York. Andl am right now the president of the Men's Society. I am on the parish council and on the building council. And I'm against this for being historical, because it would infringe on our constitutional right -- all of ours [sic] right in the United States, because there should be a separation of church and state. And most of all, it could be a hardship to the church because the cost of repairs will be higher. Basically, that's what will happen. And we need to separate church and state. It's very, very important. I mean, St. Jude Church is not St. Patrick Cathedral, I mean, from New York. It's a plain church that we belove [sic], but we need our church the way it is where we could express our byzantine Melkite tradition, and we need to -- by making this historical, you will be preventing this from happening. Andl know it has been told that it could happen, but believe me, we all know how government works. It's very, very difficult for having a second tier in there telling us how to fix our church. And it's important that you, please, look at the law and the rule of law in which it -- you have to look at the significance, and there's none. It doesn't meet the threshold of being historical at all. Andl thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff All right, Nina Brenan Kennedy; Richard Sayour on deck. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Okay. So Nina Brenan Kennedy. Unidentified Speaker: Not here. Chair Sarnoff Not here, okay. And Richard gave his time. And Angeles (phonetic) Blakes Ms. Blakes: Blakes. I gave me time. Chair Sarnoff Oh, thank you for being honest. Marta Meneses Velayos. Unidentified Speaker: Went on home, sir. Chair Sarnoff Home. Esther Gonzalez Guerra? Ms. Guerra: Gave my time. Chair Sarnoff Thank you for being honest. Ana Rodriguez. No. Carmen More. City of Miami Page 233 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Carmen More: I'm here. Sorry. Chair Sarnoff You don't have to say you're sorry you're here. Ms. More: No, no. Sorry I thought it was going to be time to go home. Hi, everyone. Good evening. Thank you for being so patient. I know it's been a long day for all of us. My name is Carmen More. I live on Brickell Avenue, 2475, for many years. I went to Academy of the Assumption from Montessori up until twelfth grade. I know that "significance" is a big word tonight, 'Primary significance," which was mentioned earlier. I think we all know that the primary significance of the church is that it's on property that's worth a lot of money. So there's a group of us that is very concerned that it's going to be torn down, and that's why we're insisting and praying for historical designation. But I'm not here to talk about the property and the value, et cetera. I'm here to read a letter from a couple of sisters of the religious -- of the Assumption regarding Mother Teresa of Calcutta, which, you know, as far as significance, I know has been dismissed today, last time. But anyway, I'm just going to read a couple of excerpts. I e-mailed it to all ofyou. If you didn't get it, I have copies here. And I'll speak fast, even though I have a couple of friends that will give me their time ifI need it, but it'll be quick. "Mother Teresa of Calcutta came to stay at the convent several times during those years. The Assumption sisters would prepare what used to be the science room a few yards away from the beautiful chapel with beds for her and the other religious sisters of the missionaries of charity that accompanied her. Mother Teresa would spend hours praying and writing while in the church. Some of the nuns wondered why she would be writing in a little notebook off and on while she prayed instead of just praying. I'm sure some of those divine words served as inspiration for her many works later on in life. The future Nobel Peace Prize winner would sit in the sisters' choir stalls, usually the one assigned to Sister Beatrice Binaut (phonetic), the same one that was the pet of Hope's son -- brother, I'm sorry. Blessed Mother Teresa wasn't the only historical figure there at the time. Bishop Roman, who stayed at the convent in the early 1960s" --I'm being beeped, but somebody's giving me their -- Chair Sarnoff (UNINTELLIGIBLE). Ms. More: Yeah, she's giving me -- okay. Chair Sarnoff What's your name, ma'am? Emile Farah: Farah. (UNINTELLIGIBLE). Chair Sarnoff All right. You'll be honest when it comes up. Ms. More: Bishop Roman, as some people call him, also stayed at the convent in the early 1960s when he arrived exiled from Cuba. He prayed with the sisters and celebrated mass at the church. His stay coincided with one of Mother Teresa's visits. They would have breakfast together. And the sisters wondered how they communicated because he didn't speak English and Mother Teresa didn't speak Spanish. Up until his passing last year, every time he would say -- see Sister Beatrice, he would say to her, smiling, "There was a saint among us." Bishop Roman was also a saint. This is in the words of Sister Charlotte, from the Religious of the Assumption: "Bishop Roman was also a saint, a holy man. Not all the ones appointed in high positions are good. He was real." So you had a saint, a global icon of peace, and a Cuban exile priest who became bishop and helped so many in both the community and abroad. How much more historical can one get? Please vote for historical designation to preserve our precious landmark. Chair Sarnoff Ms. Carmen, I have a question. Ms. More: Sure. City of Miami Page 234 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff And it's going to show my -- it's going to show that I'm Jewish. I apologize. Is she Saint Teresa now or is she --? Ms. More: Blessed Mother Teresa. Chair Sarnoff Oh, she's not a saint yet? Ms. More: It's in the process. Chair Sarnoff Gotcha. Okay. Ms. More: Yeah. But he always said that she was -- Chair Sarnoff Willy was right. Carmen, I heard you say Saint Teresa, so I wanted to confirm. Ms. More: Did I say Saint Teresa? Chair Sarnoff You did. Ms. More: Okay. No, I said "a saint among us" is what he would say. Chair Sarnoff Oh. Andl assumed -- Ms. More: And he would say it in French because -- Chair Sarnoff I gotcha. Ms. More: -- Sister Beatrice is from Haiti and he would say that (UNINTELLIGIBLE). Chair Sarnoff I made the assumption. Ms. More: No, it's okay. Do you guys want a copy --? Chair Sarnoff (UNINTELLIGIBLE), huh? Ms. More: Did you get it, 'cause I e-mailed it to you? Do you need a copy or --? Chair Sarnoff It's in the record. Ms. More: Okay. Okay, great. So thank you -- Chair Sarnoff Thank you. Ms. More: -- so much. Chair Sarnoff All right. Applause. Chair Sarnoff I think it's Tadecipa (phonetic) Rauk, R-A-U-K San -- all right. Sangeeta -- and this is your handwriting, folks, so -- Banerje, B -- Sangeeta Banerje: Chairman, it's me. It's Sangeeta Banerje. I'm sorry for my handwriting. City of Miami Page 235 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Oh, okay. Ms. Banerje: Yeah. Chair Sarnoff Sorry about that. I was just trying to read your handwriting. Ms. Banerje: Thankyou very much. I'm sorry about that. I am a parishioner. My name is Sangeeta Banerje. I am residing currently at 927 Northeast 199th Street, Miami, Florida 33179. I am a member of the Florida Bar. I do not practice real estate. I just want to say that I'm here to support Father Damon Geiger. I'm here to support my congregation. I'm here to support every single argument made by our counsel, John Muniz. Mr. Garner did an excellent job in the interpretation of the criteria. I think he educated the whole community about the standards, and I think he did an excellent job to demonstrate that we should not go with a historical designation. There are some issues at hand, and that is the separation of church and state. It's going to be a tremendous financial hardship for the church, from what I understand and what has been discussed. And l just want to say that -- as a voter, I respectfully request that all of you vote "no" to the designation of this building as a historic building. Thankyou very much. Chair Sarnoff Thank you. Applause. Chair Sarnoff Joseph Pinon. Joseph Pinon. Peter Fernandez. Peter, you got four minutes from somebody. I don't know who, though. Mr. Fernandez: Marta Fijou that had to leave, but I don't -- I may not need it. Peter Fernandez, 1408 Brickell Bay Drive. I've been a resident there for 25 years. I've seen the face ofBrickell change dramatically in the time that I've lived there. Andl consider myself a spiritual person. I was born Catholic. And a lot of Cubans say I'm Catholic in my own way. I guess I could qual for that. I sometimes go into that church because it's in the block that live in. I don't go to services. I go in off times, like many Cubans when they're desperate for something. St. Jude is, you know, the guy you go to. But besides that, I think the Honorable Mayor remembers me as a Miami singer. I've shared a couple of magazine covers with him from way back in the '70s. Commissioner Gort used to work out with me at the YMCA (Young Men Christian Association). I don't know if you remember me. I'm saying that because we have some history in Miami, which is not a common thing to have and something that a lot of Cuban Americans struggle a lot to establish. I -- many times I don't -- Chair Sarnoff (UNINTELLIGIBLE) straight face. He's doing (UNINTET,T IGIBT,F) Mr. Fernandez: Do you -- what, you don't remember me from the YMCA? I remember you. Anyway -- Mr. Fernandez: You're a great spotter. You're a great spotter. I used to spot you. I still go, by the way. Chair Sarnoff (UNINTELLIGIBLE) Willy, 'cause that was the straightest face I've ever seen. Mr. Fernandez: But -- and also, you know, I used to sing with very popular bands in the '70s, Coke and the Antiques, and I used to sing for the girls from the Assumption Academy and many dances, andl got to tell you that these are great memories that we have that bind us as a community in Miami. I feel terrible that, you know, some of the parishioners feel that they're being infringed upon, but sometimes, you know, there's an iconic building in a place, and if they're happening to practice their religious there, I don't know what you do about that. But I know that you can't erase a piece ofMiami history because there's some legal technicality there. City ofMiami Page 236 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 I don't know. I'm not a legal person. But I see St. Jude's church like I see the Freedom Tower, like I see the Torch of Friendship. You know, some people think I'm exaggerating, but there's just not that many things that we have, you know, that are a common history of the people that have been here, like me, that came here in 1961, and that church was already there. A lot of the weddings that I sang for in the little ballroom right next door took place in that church, because that's where any Cuban that, you know, had anything to brag about wanted to get married at because of the specialty of that church, the beauty of it, what it means to a lot of people. Andl'm termed for the development that -- of Brickell that doesn't seem to take into consideration these things; that they're just looking at making a buck, because I'm seeing it being chopped up into pieces, andl don't want that church to go. Andl want those people that worship there to keep going there. I don't want them to stop going there. I just want the building to stay there in perpetuity for generations to come as an important landmark ofMiami. Thank you very much. Chair Sarnoff Thank you. Applause. Chair Sarnoff Did Marta Gonzalez give -- Fijon -- her time to Peter? That's what I thought, okay. Raffoul Ajami and after him is Carmen Valdivia. Jorge Hammal: I would like to give my time to Mr. Raffoul. Chair Sarnoff To Rosa? Mr. Hammal: My name is -- to Mr. Raffoul. Raffoul Ajami: Raffoul Ajami. Chair Sarnoff Okay. Mr. Hammal: I'm Jorge Hammal. Chair Sarnoff Okay, Jorge Hammal. AmalAjami: My name isAmalAjami. Andl give my two minutes to my brother. Thank you. Russell Sabbar: Russell Sabbar. Mr. Ajami: Good evening, Commissioners, Honorable Mayor. Thank you for staying late, and we apologize, and thank you for allowing us the process to present ourself. My name is Raffoul Ajami, A-J-A-M-I. I live at 7133 Northwest 111 Avenue, and I'm a parishioner for 45 years. There is no one here been parishioner before me, except maybe three people back there. I was member of the parish council since 1984 -- '74, I apologize, when Father John came in. Andl was not going to say these things, but since we've been demonized. In 1984, I was bestowed the highest honor our church bestow on a laymen by the patriarch (UNINTELLIGIBLE). I'm sure Father Damon know him. With the cross of Jerusalem, 1997, I was the president of the parish council, and again 1997-1998, then I became head of various committees. And for the past year, I was the chairman of the building committee. Andl'm here -- I'm not going to touch -- I'm just going to ask you to please preserve this church, to save it from ourselves, from what's going to be done to it. Two years ago, I had a call from Father Damon that a chunk of stone fell off the face of the church. If you guys watched all the presentation on fascia, there's over ten pieces missing. I locked the area. We invited a company to come and check it. There is about 150 pieces just on the outside. We called the Archdiocese. I'm a member of the Marble Institute. As such, I have a good relationship with the Indiana Limestone Institute. They recommended three professional companies can do these repairs. Church Restoration want $47, 600 just for (UNINTET,TIGIBT,F) City ofMiami Page 237 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 forensic to tell us how to fix it right. Then we hire Night and Day, and they came and did the inspection: $225,000 -- 300 -- $225,350 -- 225,350 to just mimic the stone and retouch the grout. They offered another suggestion: 297,000 to remove the entire fascia, who all of you says you love the church and do it with stucco. If you want to fix it correctly and based on what the architect says and the recommendation that the local Archdiocese told us to contact, it's $755, 000. Without a board that oversee these repairs, guess what repair is going to be done? And especially since they hired an architect who trash the limestone and think the building is not done correct, is a shabby work, we might wind up with the stucco stone or we might just stuck with the church. Nobody here disputing the right element. As the building committee, I'm willing here to discuss until 5 o'clock in the morning with anyone. There's no architect or engineer will approve a dome on that church. We were told 11 years ago when we tried to do that, the way the eight inch with steel bar is built, if you bring jackhammers to the top to try to cut a hole, all you 56 stain glass window will be on the floor, 'cause right now half of them are missing lead and they are bulging. And you heard today, Father Damon, they're going to put Plexiglas on the outside to protect it. This report was done two years ago; nothing been done to the stone. And the repair now is going to cost much, much more if we want to do it right. But if we're going to inject caulking, like the rumor now is going, and just put like -- try to find the cement that matches it, yeah, it could be done for $115, 000, but is that going to guarantee in the next 60 years, in 100 years, in 150 years that my kids and my grandchildren and grandchildren of everyone in this community who enjoyed this church a peaceful time, a prayer, or a miracle? Are we really thinking, without an overboard that tell us how to repair it correctly, this church will be here for the next 100 years? That's all ask you. Please vote ` yes, " because on your conscience will be -- andl can assure you, the City ofMiami in less than ten years at the rate we're going will walk in and say this place is condemned, because the next stone that will fall -- God forbid if it happen to be that a parishioner goes into the church, guess what's going to happen to our insurance? They mention our insurance. We have two quotes where the insurance will go up by 10 percent. The article that Susie mentioned to you, I happen to have the original newspaper from the Herald, 1977, called our church historic. We not inventing the wheel here. We not here to discuss -- all we want to know, How are we going to keep this church up, unless we have someone dedicated and that can tell us this is the way to do it right? Yes, they keep saying it's going to cost more. Any repair that you want to do right is going to cost more. Thank you very much for allowing us to speak. Thanks for your time. And hope you'll see it in your heart, in your mind, in your conscience that a "yes" vote is very important for this church. Thank you. Applause. Chair Sarnoff Carmen Valdivia. Oh, there you are, Carmen. Okay. And on deck is Carmen Romanach. Carmen Valdivia: Romanach. Chair Sarnoff Romanach. Ms. Valdivia: Yes. And Sylvia Couriel and Clemente Amezaga. Chair Sarnoff So you have two, four, six, eight minutes. Ms. Valdivia: Okay, thank you. My name is Carmen Valdivia. I am a Florida registered architect, but I am not here to speak about architecture, not because you have heard enough, but because you all have eyes and you can see the beauty of the building. I am here as the president of Operation Pedro Pan Group, Inc., andl am here with Carmencita, who is our immediate past president. Sylvia is the secretary of our board. And Clemente is a member of our Historic Committee, andl am also the chairperson of the Historic Committee. Operation Pedro Pan, I guess you have all heard about it us but not from us. Operation Pedro Pan Group Inc. is a City ofMiami Page 238 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 national nonprofit organization founded by the former children of Operation Pedro Pan . And one of our missions is to document our history for future generations, and for the past three years, we have been working very hard on that, and we have been getting historic preservations status to the places where -- to the camps and the places where we have been. And in here, I heard conflicting testimony from two of the experts. One said that he couldn't find any information on the Assumption on Pedro Pan books, andl happen to have just one here. There are many, but I have one here where it is mentioned. But then I don't have to show you this because then the other expert said that he read a line out of context of what it says in this book, and he said that only six girls, or something like that, had been there and no boys and that in six days, they were out, and that is true. It is said that -- because that -- Monsignor was referring to what happened on the first stage. But then later many other Pedro Pan girls were there and others were there on -- received scholarships and went to the school. But more than that, across the street, the Ferre family donated a house so that Monsignor could house the boys there, and Monsignor actually lived in that house, and Clemente also lived in that house, and then these boys could go to have their meals at the Assumption Academy because they didn't have a kitchen. And they would also go to mass at the Assumption Chapel, and Monsignor was doing masses at the Assumption Chapel. And we even have the latest issue of La Revista Ideal where there is a nun that is talking about coming to Miami in 1971 and Monsignor gave her the welcoming mass there, so we have Monsignor all the way to 1971 doing masses in that building. But in any case, I wanted to talk about Operation Pedro Pan and what the Assumption Academy means to us and that it is very important because it is the beginning of our history. That's how it started. After Monsignor made the pledge to James Baker, of Ruston Academy in Havana, that if James Baker would send him the -- they were thinking of 200 boys and girls -- that if he would send the children, Monsignor would house them and feed them and educate them. And Monsignor clearly states that as he was driving and praying so that he could find a house -- because this was on Christmas of 1960, December 25 of 1960. He was praying that if the children came all at once -- he didn't know if they were going to come at all once or in different days or whatever, that he would find a place; and all of a sudden, he saw the Assumption Academy, and he stopped and he knocked on the door and he asked Sister Elizabeth, and she said, "Of course. I can't refuse because it's Christmas." So all these other things that I have heard, I don't know where they have read them, because we have been studying our history very diligently and documenting it, and I haven't heard any of these other things. And so that was the first place -- the first ` yes " that we had. Then they also house some of the children at Saint Joseph's Villa, which was in 7th Avenue, and also at the Ferre house across the street. Of all these buildings that I have mentioned, the only one in existence is the chapel, because the others we have lost; and that is what we are trying to fight against so that by the time my grandchildren and their children are ready to learn of our history, we can show them something and not have everything lost. And so I beg you to please dedicate this as a -- give it the historical designation. Andl think they have some -- Ms. Romanach: We support the designation of this church, St. Jude. Chair Sarnoff Thank you. Ms. Valdivia: Thank you. Applause. Chair Sarnoff Tough handwriting, but I think it says "Evelio Suarez." No? Evelio Estrella -- want to help me? Commissioner Carollo: Evelio Estrella y Nerys Suarez or Mary Suarez. Chair Sarnoff No? City of Miami Page 239 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: No. Chair Sarnoff Okay. I don't think he's still here. Mariano Cruz. I think he goes to bed at 8, okay. I always wanted to say that too. Maria -- I think it's Maria Goes, G-O-E-S. Okay. Bertha Davis. I got the last name at least. Bertha Davis. No. David Sangusa. David Sangusa. Eliette Paul. Eliette Louis -Paul. Maria Ballestir. Alex Cruzet. Alex Cruzet: Good evening, Commissioners, and thank you for hearing us tonight. My name is Alex Cruzet. I came out here from Atlanta, Georgia. I used to live here in Miami. I actually ran for the State House of Representatives out here back in 2010 in District 113. I didn't come here specifically for this. I actually came here for a wedding, but my wife's mother is very adamant. She spoke earlier about this whole thing. I've been listening to the arguments from the people who are opposed to the historical designation of the building, and sort of just jotting down things that I noticed, I thought were kind of false arguments. The question of whether or not something is of historical significance is a subjective question, I believe. I don't think it's an objective question with a definitive answer, and so I believe that you guys can make that determination. And you guys being from Miami should understand that Operation Peter Pan is something that the Cuban American community really values. The fact that this occurred and that this church played such a big role in housing -- not only housing -- they stated some facts. I don't know the veracity of those facts, but what I do know is that there are people out there who will tell you that they received instruction, they received food, and that this church played a big role in this entire operation. I think that that's significant, andl think that you guys should weigh that in your determination of whether or not this is of historical significance. Father said that the Catholic Church does not sell properties originally. He then went on to say that in the event that they did decide to sell it, they would have to ask Rome for permission. That's a conflicting statement in my view, and it does open up the possibility of that land being sold in the future for profit. It is, of course, a very good piece of real estate. Is my time up? Chair Sarnoff No. Someone gave you two minutes. Mr. Cruzet: Okay. They kept referring to the addition of a tank to fully submerge those receiving baptism, and the fact that by -- somehow by designating it as a historical site, this whole thing would be hindered. I just ask myself, if they've owned it for 30 years, why haven't -- and it's so important, why haven't they already added it? The point of historical designation is to protect the architectural integrity of the church; has nothing to do with whether or not they want to insert that tank or any other additions internally. The architect, who doesn't live in Miami and came down here and tried to instruct us about what historical significance means and referred to Paul Revere, doesn't understand that Miami is a new American city compared to other places in this country that represents a bastion of immigration of people who come to this country with the dream of living a better life. He stated that no publication in the last ten years has ever included St. Jude's in it as a historical place. I say prove that. Do you have one example? Did you bring a book that was published in that time frame that shows that, indeed, it was never listed? Those are my questions. And I think that you guys should ask yourselves those same questions when you decide how you're going to vote. Chair Sarnoff Thank you. Mr. Cruzet: Thank you. Applause. Chair Sarnoff Margaux Penichet. Ms. Penichet: I yielded my time. City of Miami Page 240 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Wow, thank you. And I think Amal Ajami, I think you yielded your time too. Ellen Uguccioni spoke. Jose Trias. And on deck is -- you may have yielded, but Boppina Azrak. No, okay. Go ahead. You're recognized. Jose Trias: Jose Trias, 7609 Carlisle Avenue, Miami Beach, 33141. I'm going to start by saying that was a parishioner for many years in St. Jude and helped out the pastor with collections and communion service. And last December, I left St. Jude because of the aggressiveness of Father Geiger, who forcibly eliminated a tradition for us Latin Americans in Miami, which was the celebration of Our Lady of Guadalupe. This is something that is of historical significance because no other church in the United States, east of the Mississippi, has that celebration, which is a typical Mexican celebration of one of the operations of the Virgin Mary. This is an event that was televised internationally by Univision, and all of a sudden, he says, "We don't believe" -- no, he didn't say that. I'm sorry. "We don't designate particular virgins. This is not significant. Out." I was shocked. I was shocked because of the disrespect for the community and saddened later on by the pamphlet that they published, which is probably why so many of them are here. The pamphlet is full of lies, scare tactics, and they're insinuating that the Miami Historic Preservation Board will be an evil that cause economic troubles for the St. Jude, okay? This is untrue, because we have already heard that many other churches have survived. The Presbyterian church -- Chair Sarnoff Anybody want to cede their time to him? No. Mr. Trias: No. Chair Sarnoff Yep. What's your name? Evelyn Sabbag: My name is Evelyn Sabbag. Chair Sarnoff Evelyn. Ms. Sabbag: I'll give him my time. Chair Sarnoff Okay. Mr. Trias: And the Presbyterian Church did not lose parishioners because of the designation. It lost parishioners because the Presbyterians moved out of that area in Miami. So there's -- there are always interwining [sic] lies and half-truths. Indeed, one of them is that we bought -- saying "them" -- the building. This is total lie. The building was bought by Melkite individuals who received donations, including one donation from Danny Thomas, who is not a Melkite. He's a Roman Catholic of Lebanese origin. What they did was put all the money, and at the time of the closing, they designated the Melkite of Newton as the owner. They did not disburse a dime. Anyway, why people come to St. Jude? St. Jude is not a Melkite designation anywhere in the world. St. Jude is a very loved saint for his -- their miracles. That's why so many Latin Americans, who are not Melkites -- and believe me, as I said before, I am in that church all the time when I was there. Most of the people don't come on a regular basis. They come one day and they don't come again. They come because of St. Jude, because of a miracle saint, miraculous saint, okay? And that's why this designation of historicity for the church is so important, because it's an important part of our culture. I'm not going to go into the Cuban side of it because they've already explained that in detail. Chair Sarnoff In conclusion. Mr. Trias: I think we are being very divisive here. We have been sand --,you know. We have been, you know, not very Christian. I know you're a Jew, but you will appreciate Jesus was a Jew. Andl think we really need to look at what everybody has said. This is something that we City of Miami Page 241 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 love. And like Raffoul just said, we would hate to see this -- not torn down, maybe not sold, but allowed to disintegrate, because they think they don't have the money for it. Chair Sarnoff Thank you. Mr. Trias: I think that's my thoughts, and -- Chair Sarnoff Thank you. Mr. Trias: -- I hope you vote ` yes.' Applause. Chair Sarnoff Marile Lopez. Marile -- Ms. Lopez: I spoke. I gave my (UNINTELLIGIBLE). Chair Sarnoff You spoke, okay. I don't think she's here; Mercedes Ferre. Yeah, she's here. Helen Hart -- Helene Hart. Helene Hart: Good evening. My name is Helene Hart. I live at 3775 Loquat Avenue. Chair Sarnoff Wait, wait, wait. Little piece of advice: Just back up from the mike a little. Ms. Hart: Okay. Chair Sarnoff There you go. Ms. Hart: I've been an active parishioner for over 37 years. I was baptized there, I was married there, andl go to church there every week. My father was one of the founders of St. Jude Melkite Catholic Church and borrowed the money from the bank and worked in conjunction with the Pope, Archbishop Tawil in 1978 to start this Melkite Catholic Church. Through the hard work and preservation and faithful parishioners, I would like to say "no" and support the religious freedom and property rights. Please say "no" and -- please say "no." Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Jayme Perez, Jayme Perez, and after that is Mardi Canco. Jayme Perez: Good evening. My name is Jayme Perez. I reside on 905 Belle Meade Island Drive, 33138. I'm not a parishioner, even though I go there almost every Sunday. Start going there with my son, but fascinated about the Melkite rite andl start going too, andl became fascinated about that. But what intrigue me the most was the devotion of Father Damon for the church. I never saw such a person with such a devotion, and such a heart for the church and for the parishioners that go to that church every Sunday. But to what am thinking, you know, always have seen that I know that these people that are trying to say -- that are going for the ` yes, " andl am for sure I don't want that to happen. I am at the "no," on the "no" side. You know that they have good intentions. We all have good intentions and -- but we have to see, we have to take out -- like the person before me said, we have to take out the parts that are not in context here. We have to follow the law. We are in a country -- that's why I came from Brazil 25 years ago, a country that is basically lawless, you know, because we are trying to get political correct all the time there. There is a law in this country and we have to follow the law. The law said very clear -- I think there is not a shadow of a doubt that the law says that we have the right City of Miami Page 242 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 of property, even though a lot of people don't like that, but the church, the Melkite church, the bishop, they have the right for the property. Also, we have the right freedom of religion. That is a very important thing. Unfortunately, it is -- it's the only law that we have is in the First Amendment. There is no other law after that, only Supreme Court rulings. But we have to protect our right as citizens to have the religion that we wanted to have. Chair Sarnoff In conclusion. Mr. Perez: Thank you very much. Chair Sarnoff Thank you. All right. Applause. Chair Sarnoff Marili Canco, Marili Canco. William Murcia. William Murcia: I'm going to give my time to (UNINTELLIGIBLE). Chair Sarnoff What's your name? Geraldo Gariboldi: My name is Geraldo Gariboldi. I give my time to him. Jonathan Pratt -Perez: And my name is Jonathan Pratt -Perez. Okay, so -- do I start? Chair Sarnoff Please. Mr. Pratt -Perez: Okay. Chair Sarnoff Sorry. Mr. Pratt -Perez: So Commissioners, thank you for hearing us out. And any flaws in my presentation, I hope you ascribe it to myself and judge me on the content of my message. I think there are some various glaring elephants in the room, and I'll do my best to try to bring them up. But first, I'd like to read a quote from the New Testament, and it's Matthew 6:19-21: `Do not store up for yourselves treasures on earth where moth and varment destroy and where thieves break in and steal, but store up for yourselves treasures in heaven where moths and varment do not destroy and where thieves do not break in and steal. For where your treasure is, there your heart will be also. "I was a drug addict and an atheist. What saved me was the faith. It wasn't a building. And I've been going to St. Jude, and Father Damon has been like a second father to me. He teaches two classes of catechesis, one hour and a half each class, every single week. This isn't about the building. There's a clear divide and precedence here. And one of the elephants in the room is that the vast majority of the parishioners and the proprietor is against this. The other half are people, still dignified human beings, but still, mostly ex parishioners and the 25,000 signatures that this woman had were of the condominium association. There's a reason for this. Because either the parishioners are crazy in hearing the bishop say that perhaps in 50 years, they'll have to demolish the church for the sake of building a bigger one and still standing by the "no" vote or there's something to it, andl think there is something to it. The nuns of the Assumption, the people who helped the Pedro Pan there, they lived and died for the faith, not for the building. If they knew that one day saint -- the building had to go for the sake of making room for more parishioners for sake of their spiritual health, it's almost inconceivable for me to think that they would have placed more care on the physical stones than on the need for that parish to expand. Applause. Mr. Pratt -Perez: The word L'hurch'does not mean "temple. " It means a congregation of City of Miami Page 243 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Christians. This is what we're trying to preserve, is our rights, our rights to spread the faith that saves people's lives, and that comes clearly, clearly before the rights of people who, no doubt, again I say, dignified human beings who love it, who have memories of that place. This comes, beyond a shadow of a doubt, before their desires and their aesthetic love for that temple, andl say that with all due respect to everybody else who voted -- who wants you to vote ` yes." So Commissioners, I just say that please, please vote "no." Applause. Chair Sarnoff Alberto Herrera, Alberto Herrera. Alberto Herrera is not here. Fadi Cha -- I'm going to say it wrong; I apolo -- Chamoun. Commissioner Carollo: Chamoun. Chair Sarnoff C -- Chamo -- C-H-A-M-O-U-N. No. Souraya Faas. She might have given her time. Yeah, I think she did. Christina Massuh, M-A-S-S-U-H. Manuel Dominguez. Michael Faas. Michael Faas. I'm sorry. I thought you spoke. Go ahead. Commissioner Carollo: No, that was Michael (UNINTELLIGIBLE). Chair Sarnoff You're -- Michael Faas: That was my daughter. Chair Sarnoff Okay. I thought I saw Faas. Mr. Faas: Good evening, or should I say good morning. I wasn't -- I'm the petitioners [sic], by the way. My name is Michael Faas. I live at 8916 Southwest 152ndAvenue. I served for the last 42 years under four different bishops. I wasn't going to speak tonight, like I said; when I heard the clergy telling that young lady, who was baptized in that church, that she's not a parishioners, that really moved me. It's a shame. I wouldn't say the clergy, they've been lying, 'cause I still have some respect. I would say they are misleading the people, okay? They say they're expanding. I was on a parish council for the last 18 years. I was the president of men's society. I was the head of the social committee, andl was the head usher in that church. They say they are expanding. Father Damon came to this city year and a half ago, okay? He doesn't know most of the parishioners that really worked hard. I live 40 miles away from the church. I used to drive 30 miles sometimes three, four times a week to attend meetings and prepare events for the church to raise fund, okay? By expanding, I want to ask the priests how many mass he had added since he became in charge, okay. Yet, he remove Saturday evening mass, which we had for the past 40 years, because the low attendance. Like I said, I was an usher. I used to collect the basket, count the money, make the deposits, okay? I heard some people that they've been misled; that they only been here for the last year, five years, or ten years, okay? They don't know the inside of what this clergy had done to this church. I'm sorry. Thank you. What this clergy had done to this church. They had cut down because of low attendance. They had divided the people, okay? Another issue that I want to clear here, I want to ask the City Attorney to correct me. The owner of the property does not need it to designate it. Am I right, Mr. City Attorney? Mr. Suarez -Rivas: Through the Chair. Chair Sarnoff Go ahead. Mr. Suarez -Rivas: Yeah. The City ofMiami historic regulation, similar to the Miami -Dade County historic regulations, does not require owner consent for designation of the property. Mr. Faas: Thankyou. That's all have to say. Thankyou. And hope you will vote to preserve City ofMiami Page 244 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 our church and to bring back the community that's been divided with this leadership. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Josette Tilkian. Josette Tilkian. I'm not going to get the first name, but I'll get the second and last. Ernesto Lima. I think, Reverend, you've spoken? Isabel [sic], I think it's A-Z-E. There's something before the "Z. " I can't read what it says, though. Unidentified Speaker: (UNINTELLIGIBLE) she left. Chair Sarnoff She left, okay. Unidentified Speaker: Yeah, she (UNINTET,T IGIBT ,F) Chair Sarnoff Marie Lochard-Lubin. Eller Durand. Elizabeth Durand. Micheline Philippe. Marie Hyppolite. Sallye Jude. Lourdes Valls. Okay, thanks, Lourdes. Wasim Shomar. Wasim Shomar: Good evening, Commissioners. My name is Wasim Shomar, 10300 Southwest 65th Avenue, Pinecrest, Florida. The fact that it's 1: 20 and you're listening to me is an amazing statement, so I just want to thank all the Commissioners for your public service. I don't think anybody can add much more than what you've heard. I'm fairly certain at this point, each one of you has a full grasp of the issues, understands each side's perspective, and you're going to vote your conscience. As you can tell from the shirt I'm wearing -- Usually, many people have never seen me in a T-shirt, so this is one of these rare sites. But as you can tell, I'm for historic designation. But I want to remind you, each and every one of you is sitting on that side of the bench because you are decent human beings that your vote your conscience, that you understand the issues of our community and you understand what's important, and the decisions that are made by you today are going to make us the great city of tomorrow. So all I'm asking you to do, rather than give you another compelling argument of why it should be historic -- historically designated, is when you contemplate saying "yea" or "nay," just remember we put you in that leadership position as a community, as a society; we have entrusted you with the future of our children, our grandchildren. Please, just have a visual image of that beautiful church. You don't need to be an expert architect or an expert historian to understand what this little chapel, whether it's Melkite or otherwise, what it means -- Chair Sarnoff Thank you. Mr. Shomar: -- to the City ofMiami. So, please, remember -- Chair Sarnoff Thank you. Mr. Shomar: -- vote your conscience. Thank you for your leadership. Applause. Chair Sarnoff Myrtha Ford. Melie Viera. Melie Viera : My time to (UNINTELLIGIBLE). Chair Sarnoff Thanks for being honest. Sylvia De Armas. Oh, you -- who are you giving it to? Commissioner Carollo: Korge. City ofMiami Page 245 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Korge. Korge doesn't get extra time. It's just a rule around here. All right, come on up, Korge. How many time --? Come on up. How many people you got giving you time? Christopher Korge: Three hundred. (UNINTELLIGIBLE). Chair Sarnoff Three? Mr. Korge: No, I'm just kidding. Chair Sarnoff One, two -- Mr. Korge: Three hundred. No. Chair Sarnoff Three -- Mr. Korge: Three. Chair Sarnoff -- four, six -- Mr. Korge: I have three. Chair Sarnoff -- eight minutes. Mr. Korge: No, no, I don't need that much, 'cause it's late -- Chair Sarnoff Just 'cause I'm saying -- giving you six minutes, doesn't mean I'm giving it to you. I just got to say it for the record. Mr. Korge: Mr. Chairman Julie Azrak: Hi. Please. Mr. Korge: Yes. Ms. Azrak: Julie Azrak. Chair Sarnoff You were called. Mr. Azrak: Okay. Chair Sarnoff You want to let -- you want to go first and then we'll let Chris go after you? Ms. Azrak: No. Let -- Chair Sarnoff You're giving him your time? Ms. Azrak: I'm giving my time to Chris. Chair Sarnoff You're up to eight minutes. Mr. Korge: I hope everyone gives me my [sic] time so we can speed this along. Good evening, Mr. Chairman, members of the Commission and the Mayor, wherever he is. Thank you. Again, I don't need to repeat what a fantastic job you all are doing here today. You know, my family, along with the Zaydon (phonetic) family, was one of the founders of the church, so we're about 15 founders -- families that founded the church. And it's -- one word comes to my mind after City of Miami Page 246 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 seeing all this, andl haven't really participated in what's been going on with the church, but "shalom" comes to mind. Peace. Because I feel actually very bad about what's happened here. I really do. It's kind of sad in a way. Andl don't think it never needed to get to this point, because every person in this room wants the same thing, oddly enough. They all want -- and if there's anyone here that doesn't want it, please stand up. But they all want this church to stay a church. So what are we really talking about here? Is there anyone here that doesn't want it to be a church? I didn't think so. So what are really talking about here? Now, we heard evidence, andl don't need to tell you. You have fine lawyers. They would have told you, you know, this is not legal, constitutional, and all that other stuff. We all know it's legal and constitutional. You had your planners that are smart people and you had experts on one side and you have an expert on the other side that says, "You know what, this is not really a historic site." And then you have the City's experts and planners, and then other experts that say it is. It's up to you, really, at the end of the day. You can legally just it being a historic site. You have -- before you, you had someone -- I guess the -- I saw the bishop get up or we saw the film of him saying that someday, maybe 50 years down the road, the church should be -- might be needed to be torn down to build a bigger church. You know what? Some things in life are not meant to be bigger, and bigger is not always better, and that's what makes communities great. When you have a church like this that you turn that corner and you can -- almost every person in this room can visualize it. You could turn that corner and you see that church. You know that church. I rode my bike by that church. I've had all my kids baptized in that church. I've been to family weddings in that church. And I've been to a funeral at the church where Monsignor Walsh officiated when my father passed. It has a lot of emotional values and that's why I think a lot of the people here feel the way they feel, but it saddens me to see this. So I believe in my heart that it should be a historic site. I think it brings the character out ofMiami. It's something that we all expect to see. We visualize it as we're driving down BrickellAvenue, andl hope it never goes away. But wish the bishop, who really should have been here today sitting here with you all at 1: 30 in the morning, because it's -- to me, it's inexcusable. This is such a big issue to the community of this church, he should have been here, because I would have liked to have asked him, ifI was sitting in your seat, one simple question: Okay, you think it's going to cost more to operate if it's a historic site. Okay, you think maybe 50 years from now, you might want to tear down the church and build a bigger one, even though I don't agree with either of those. But if you're really being sincere to take the fear away from the people that think it's going to be not a church and the people that are supporting their faith and their pastor, which they should, because they believe that it's going to stay a church, then I would have liked to ask the bishop, if he was here today, "Would you voluntarily offer a covenant to get -- keep this church as a church for 30 years?" -- 'cause I think that's all you could do it for with renewals. "Would you offer that covenant, Bishop?" Because if his answer was, "No, I don't want to do that, " then maybe these people here really do have a fear and maybe you really should have a fear. So I leave you with this thought today: There isn't one person in here that a year, two years or ten years from now -- andl think this means every person in this room -- that would be happy to see that church torn down. So if there are not three votes here today to designate it as a historic site, which I believe in my heart is justified based on the 13 other churches in the community that are historic, either on the National Register or have been designated directly, then I think you should -- if there aren't three votes here, then I think you should -- and I know this is asking a lot, but I think you shouldn't do anything else without the bishop making that commitment by way of a voluntary covenant that would require the unanimous support of the Commission to change. And so, I really thank you all and all the staff for devoting their time and effort like they have today. Chair Sarnoff Thank you. Applause. Chair Sarnoff Eduardo Gutierrez. Eduardo Gutierrez. Carlos de la Rionda. Carlos de la Rionda. Chris Korge, there you go. Andrew Korge. Oh, gave it to him. Okay. City ofMiami Page 247 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Carlos de la Rionda: Good morning, Commissioners. Chair Sarnoff Who are you again? Mr. de la Rionda: Carlos de la Rionda. Chair Sarnoff Oh, sorry. Okay. Mr. de la Rionda: The reason why I came here tonight, and it became morning, is that my wife, which is present, and ourself, we got married there 40 years ago. I figured this was a done deal. It was going to be a church there forever, and it was going to be historical, butt get here andl see there is a difference between people, but really, everybody wants the same thing. So the same thing is to keep the church, keep the building, so you have only one choice to make. The only choice is to historical for everybody. And, you know, I've been in Miami over 50 years, in the Miami area; in the real estate business over 40 years. I remember when your father was the photographer and so forth. So, you know, it's -- we need history in Miami, you know. If every building gets torn down for a big building, then we won't have history. And that's why, you know, this is a melting pot for everybody. Thank you for your time. Chair Sarnoff Thank you. Applause. Andrew Korge: Andrew Korge. Chair Sarnoff There he is. Mr. Korge: Thank you, Commissioner Sarnoff, Commissioners. Andrew Korge, 1928 Southwest 18th Court. As the immediate past chairman of the St. Jude Parish Council and a member of the advisory council for over 12 years and a life-long parishioner since its inception in 1978 and someone who's been intimately involved with the parishes' finances during that time, I enthusiastically support historical designation for St. Jude Church. I heard the term "loving care" before. In one of the last parish council meetings that I chaired, the parish's building committee submitted a report -- Mr. Ajami referred to it earlier -- outlining the substantial repairs needed for this historically significant chapel; repairs that were estimated at that time to exceed -- well exceed a million dollars. The church is coming to the state of disrepair primarily due to the lack of funds to properly repair a structure -- a structurally sensitive edifice of this nature. We've haphazardly repaired this edifice over the last ten years as funds would allow. The fact of the matter is that a historical designation of St. Jude Church will ensure that this architectural gem will be maintained in the manner that is necessary to reserve it for generations ofMiami; further, the provision ofMiami 21 that enables historically designated structures to benefit from the sale of transferable development rights will provide St. Jude with the resources and the asset necessary to repair and maintain the structure properly for years and years to come. It's very clear with anyone that can see, with anyone with vision that St. Jude is historically and architecturally significant, and as such, I urge you to vote `yes" and pass historical designation for our church. Thank you. Applause. Chair Sarnoff Maribel Alvarado. Ana San Roman. Ana San Roman: I gave up my time. Chair Sarnoff Okay. Becky Matkov. I saw Becky. There she is. After that, it's Lourdes Wolf Marenus, M-A-R-E-N-U-S, Marenus. City ofMiami Page 248 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Becky Matkov: Good morning. I'm Becky Matkov, executive director of Dade Heritage Trust, Miami's largest nonprofit historic preservation organization. I believe you have a copy of the letter of support which our board sent to you almost a year ago in August 2012. We have been involved in the support of this historic designation since we were approached by parishioners who wanted to protect its future last summer. We have attended every meeting. We have followed its progress. Andl have to admit, I have been very impressed by the sincere convictions of both sides, andl respect many of the experts on both sides. That being said, however, I feel, having an office just three blocks away from the church and going home by it every night, stopping at the traffic light, seeing its beauty, being inspired by this historic landmark, that obviously, from all the people who have spoken here tonight, it's so filled with memories for everyone. I'm -- I am not a member of the church, but it means a lot to me to see andl think it means a lot to this community when there are so few historic sites that have been fully appreciated or saved in this City, and this makes this particular spot that much more precious. It's full of memories and it's a beautiful architectural landmark, and please designate it to protect it for the future. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Lourdes. There you go. Lourdes Wolf Marenus: Good evening, Mr. Chairman and Commissioners. I am the current -- excuse me. Sorry. My name is Lourdes Wolf Marenus, andl am a resident of 7540 Southwest 84th Court, Miami 33143. I am the current vice president of the Assumption Bay Haven Alumni Association. I was a student of Assumption Academy from 1970 to 1976, a member of the last graduating class. We have so many wonderful memories of our school and chapel. So many of us celebrated our first holy communion, confirmation, ring ceremonies, eighth grade graduation, high school graduation, and so on. Later we celebrated weddings, baptisms, Assumption alumni reunions, which Father Gabriel and his staff so graciously supported and welcomed us in their church. But the significance of our beautiful chapel goes beyond what it meant to us as students and alumni. We have talked about Pedro Pan and Mother Teresa of Calcutta. There was also a history of the school educating young Cuban women and worshiping in the chapel, something which no other school at that time offered. Also, the founders of the Religious of the Assumption, Sister Marie Eugenie Milleret was canonized a saint in 2007. Many of us in this room today attended the beautification ceremony in Saint Peters basilica in 1975 where hundreds of people converged around the world in Rome to witness this historical event. Sister Marie Eugenie accomplished many miracles, but the greatest miracle is the very existence of the congregation she founded in 1839 and in the many schools, such as our school, that propagated as a result of this saintly woman's good work. The chapel was tied to the school. To say that the chapel -- Chair Sarnoff Somebody going to give her her [sic] time or --? Emile Farah: Yes. I'll give her my time. Chair Sarnoff What's your name? Mr. Farah: Emile Farah. Chair Sarnoff And did you sign up? Mr. Farah: Yes. Ms. Marenus: Thank you, Emile. City of Miami Page 249 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Farah: You're welcome. Ms. Marenus: To say that the chapel's association with this school, as somebody said here today, is nothing because the school no longer exists is insulting to all of us. We appreciate St. Jude opening its door to the Assumption alumni and stating that they will not sell the church, butt as we all know, the only constant in life is change. The staff will change, and others may think differently, as we saw in the video today. So we respectfully request that you vote to designate St. Jude as a historic site so that its rich heritage can be enjoyed and protected for generations to come. Thank you for your time. Chair Sarnoff Thank you. Applause. Chair Sarnoff Jill Perdomo. Jill Perdomo. Susana Prudencio. Ms. Prudencio: I yield my time. Chair Sarnoff You gave it, okay. George Jamal. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Oh. Simone -- I think it's Zontini. Simone Zontini: (UNINTELLIGIBLE). Chair Sarnoff Okay, you already spoke. Did not. Ms. Zontini: Did not. Chair Sarnoff Did you -- have I called you yet? Ms. Zontini: No. Chair Sarnoff Tell you what, when I call you, just remember you have her time. All right, come on up. Mr. Muniz: Mr. Chairman, our Madam Court Reporter could use a break to go to the bathroom. Chair Sarnoff Sure. We'll take five. Mr. Muniz: Thank you. Later... Chair Sarnoff (INAUDIBLE) the record. Next up is Aya Chacar. Aya Chacar: Good evening, Mr. -- good morning, Mr. Chair. Chair Sarnoff And you got somebody's extra minutes, right? Ms. Chacar: Yes. And apparently two more online, but I'm trying -- I'm going to try and stay within my two minutes, although. City of Miami Page 250 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Okay. Ms. Chacar: Good morning. Thank you for being here. Government was indeed exciting, although I'm not straight in the head anymore. It's way past my bedtime. My name is Aya Chacar. I'm a professor and a parishioner, andl also got married in church. My son got baptized there. I guess, you know, when the church been around long enough for a temple, you know, lots of people have gone through it. My son now serves as an altar boy in church, and this is significant because he's so poised and so happy doing that job that it makes going through church and the long service and the politics bearable for my husband, who's not Melkite, not Latino and not Middle Eastern, and he doesn't understand why we speak loud, and why we gesture and why we argue. On the plus side, although I sympathize with his pain, there's something very good about this church. We still get real wine with the bread; although I have to say when I've been in a Jewish temple, the amount of wine I got was much more significant, so I guess maybe we're not doing that good on the end, although you should try and visit us one of these days. You know, the wine makes the long days maybe more pleasurable. I want to make -- Chair Sarnoff Well, in that case, where's the bottles? Ms. Chacar: Okay. I promise you one, no matter how you vote. How 'bout that? I will make a quick point. I'm a professor, so we always argue on both sides of the issue. As you know, I didn't wear any colors. I came here andl wanted to be open-minded. And, you know, at the end of all this, a small voice in me says that a historical designation, even if not warranted, will not hurt the church and we'll live with it; it will be fine. A much bigger voice said that it only will serve to increase the division among the parishioners and possibly the financial burden on the church. So why did come to this conclusion? Couple points: First of all, if this was a clear-cut historical designation case, it would have happened the first time around at the board level. So you having to reverse it and hearing all this testimony means clearly it was not clear-cut. Second of all, from the testimony on both sides, you can see that everyone in this church, you know, on all side of the church loves it. They've tried to take care of it as much as possible in the past, and they've done it with -- you know, within the financial means of the church. They have been limited because the church has been actually hit by hurricanes, and there's been significant repairs that this church has to undergo so -- but clearly, regardless of the designation, I'm sure the parishioners will do their best to maintain it in the best state possible. What's significant here is you may already know that there's a big division in the church, and actually, the division in church is not because of the attempt for his -- or the going after the historical designation. The division in the church came first and then the designation was an [sic] consequence of the division. And the dissenters, andl think in their rightful hearts, have taken really the wrong approach to try and make a point. And my opinion is that, you know, the original point may not be clear, but the point is that the dissenters have the power and not the church. Andl -- again, like I said, I think there's rightful heart. There's rightful need for dissent. But at the same time, this is not the right way to go about it. I think we are all, except a few people, Christian in this room, and that's fine. And Christianity, as far as I understand, is about humility and forgiveness. And pray that no matter what the outcome is tonight or this morning, after all this hearing, that everyone in this room -- and I mean everyone -- finds humility and forgiveness and goes to church this Sunday. I also pray that the esteemed committee reaches the right decision. In my opinion, it should be not to reverse the vote. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Simone -- I thought she -- I thought we called her once before. Simone Zontini. Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 251 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Okay. Evelyn Sabbag, S-A-B-B-A-G. Unidentified Speaker: She gave her time. Unidentified Speaker: She gave her time. Chair Sarnoff Okay, that's good news. Julie Azrak or Az -- Unidentified Speaker: She gave her time. Chair Sarnoff That's good news too. Mac Negm. Mac Negm: I'm giving my two minutes to her. Chair Sarnoff She spoke. Mr. Negm: She spoke? Chair Sarnoff Yeah. You want to speak, Mac. Mr. Negm: I -- my name is Mac Negm, andl am the (UNINTELLIGIBLE) deacon at St. Jude. Somebody came out and said today that we did not have the Feast of the Virgin Mary that they celebrate in own country, which we did have it, (UNINTELLIGIBLE) Guadalupe, and we had a very nice attendance. I don't know where he said that we did not have it. We kept the tradition. We've been keeping that for the last few years. As a matter of fact, for the last ten years we've been doing it. So I don't know where they getting that. And he talked about we taking the cross down. Well, the cross that we had there is a statue cross. The body of Christ is made out of statue. In the byzantine church, we use icons. We don't use stone. And this is one of the reason we replace the old cross. And there is -- but the design of the church inside hasn't been finished yet, so people going to notice change slowly. And don't complain about what you see now until the whole job -- the whole work is finished. You're going to love it. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Sylvia Couriel. Sylvia Couriel. Okay, you gave your time. Clemente Amazaga. Mr. Amazaga: I already (UNINTELLIGIBLE). Chair Sarnoff Gave it, perfect. Angel Martelo. Angel Martelo: I'll start whenever -- Chair Sarnoff I'm sorry, you're recognized. I apologize. Mr. Martelo: I just want to thank you, too, for hearing everyone out. And also, I want to apologize 'cause I'm very shy and nervous right now and my heart is beating, but I'll try to be honest, andl hope I don't hurt anyone's feelings. Andl want to know -- I want to share what Melkite means to me. I took a lot of classes of catechesis from Father Damon for free, andl learned a lot from Eastern Christianity and their theology, and it's a very rich history. If any history's important, it's the history of Christianity, and the church was one for the first thousand years. And a thousand years ago, it split between the West Roman Church and the Eastern Orthodox Church, which has been the worst thing that has ever happened to Christianity, and we're still suffering from it. The body of Christ, which is supposed to be united with one mind, City of Miami Page 252 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 was literally split between two. And for me, the Melkite Church, that's a part of its history, because it's a eastern church that separated from Rome, but then many years later it came back in communion. So the Melkite Church is a symbol of hope for the future healing between the two biggest churches in the world right now, that both professing the same Christ, have the same sacraments, and yet are divided, which should be tragic -- which is tragic. And if anything's important, it's respecting what the Melkite Church is and what being a Melkite is. And if the church, if the actual building has a past, it is a past that I think would agree with what its mission is now. And if that has to be demolished so that they can really hold onto their roots to be a symbol to the rest of the Orthodox Church; that we can go back in communion with Rome but not lose ourselves; not become Romans, but still keep our roots. Andl think that's one of the missions that a Melkite branch has and making it a historical site would hinder that. Andl wanted to say more, but I'm very nervous and I'm forgetting stuff. So that's it. God bless everybody. Applause. Chair Sarnoff Thank you. Angel -- was that Angel Martelo? That was, okay. Monserratt Guerrero. Monserrat Guerrero. Gerardo Gariboldi. Mr. Gariboldi: Gave my time to (UNINTELLIGIBLE). Chair Sarnoff Okay, thank you. Russell -- Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Thank you. You gave you your time --? Good. Rafael Sanchez Dopazo. Rafael Sanchez Dopazo. Shadi -- I think he gave it, but Shadi Shomar. Mr. S. Shomar: I gave my time. Chair Sarnoff I thought you did. How many times did Aya sign up? Aya Chacar already spoke. This is good news, guys. Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff There you go. Catherine Christofis. Last one, Camila Borges. Unidentified Speaker: She did speak. Commissioner Carollo: Camila -- Chair Sarnoff Okay. Commissioner Carollo: -- spoke. Chair Sarnoff The public hearing is now closed. Applause. Commissioner Suarez: Can I just say something, Mr. Chairman? Commissioner Carollo: Right on 2 a.m. Commissioner Suarez: I think you guys got here at 2: 30 in the afternoon. It's 2 o'clock in the morning and -- City of Miami Page 253 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Unidentified Speaker: Eleven thirty. Commissioner Suarez: What's that? Unidentified Speaker: Eleven. Commissioner Suarez: Yeah, you guys were here earlier, that's right. Andl think you heard some other -- you heard a lot of other items that had nothing to do with this. And I think you heard in one of the other items that one of -- couple of the people that came up and spoke didn't feel that the public was included in the process, andl think it's pretty clear that we take tremendous pains to make sure that the public is included in the process and that everyone feels that they've had an opportunity to express themselves and to be part of this process. So I just want to commend you again for being here, for sticking with this, for being so -- I guess I shouldn't say well-behaved 'cause I could be many of your child, but -- you know, I don't mean to be presumptuous, but you know, you were very well-behaved and you made it very easy for us to be here and listen to you. Thank you. Unidentified Speaker: Does that mean breakfast is going to be served? Commissioner Suarez: Yeah, exactly. Don't -- let's not flair up now, right? Chair Sarnoff I don't view this as a District 2 item, so I view this, pretty much, as a citywide issue. And I think to some of you, it may even have more importance -- I don't want to say more importance, but a different kind of importance. So I don't want to take -- or I don't want to suggest to anyone -- yeah. I will start, andl don't mind. I actually wish Commissioner Spence -Jones was here, because I think know what she would have done. She probably would have said, `I'm going to continue this and have you guys talk, because I actually think there is a lot of conversation you should have. " Andl think she would have said two things to you, and coming from a Jewish man, you may not appreciate this. But there's not enough loving thy neighbor -- andl'm citing Leviticus 19:18. And there's not enough "do unto others as you would have them do unto you." And that's Luke 6: 31. And she would tell you, "Go out and come back to me when you've cited Leviticus and when you have Luke in your heart." Because what we've seen today isn't the best that I've ever seen, and this is a church. And you're not very far apart in what you all want, so let me just start there. I'm very -- I go with great trepidation for -- to force upon a church the police powers of the state, because that is a very powerful thing to cross, the threshold of church and state, and you are asking a church to do something at least its ownership claims it doesn't want to do and forcing them into a position they may or may not want. Yet, I can't necessarily kid myself either. Probably since the time I moved to Miami in 1987, I considered this a historic structure. I've always thought it was a historic structure. I'm not -- I think it's Dr. Gardener [sic]. I am -- your thoughts are not lost upon me. And by the way, you're one of the best testing experts I've ever seen. I'm not lost upon what Richard J. Heisenbottle had to say or Arva More Parks, but I haven't dislodged the fact, in my own mind, this is a historic structure. And while I am never prone to force upon anyone, especially a church, something like this, I'm decidedly for the designation. I think it is the right move. Andl want to say one last thing, 'cause I'm not going to be long at this time of the hour. I'm the guy that created the TDR at the City ofMiami, a transferred development right. And so far, the TDRs have sold $3 million on very small properties, very, very small properties. Your transfer development right is probably worth -- andl'm taking a guess -- 6 to $8 million if you fathom what you could do with that money to fix your church. If you really want to preserve your church, maybe the best way to do it is to preserve the cathedral, preserve the structure. I guess if we -- you know, Miami is starving, and rightfully so, for historic structures. It really is starving. I mean, I come from New York City. Two hundred years ago, somebody said Saint Patrick's Cathedral, we have a high-rise we're going to put up; maybe not 200 years ago because they probably didn't do high-rises then. But somebody had to have the foresight to save these City ofMiami Page 254 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 structures. Somebody had to have the foresight to say, you know, even these churches need to be preserved, so I'm willing to listen -- I'm not making a motion, but I'm willing to listen to the Commissioners. Commissioner Suarez: Yeah, go ahead. No, go ahead. Vice Chair Gort: Let me tell you, for the last two months -- andl have friends on both sides, and not only friends here, friends that part of the church now and friends that were part of the church before. And the things that I heard -- the division that I hear coming from out of all of the people is kind of bad. What was stated before, there's division that we have here that was shown here today. I think we have to learn to respect each other. I think we have to respect the Melkite religion, Catholic religion, but at the same time, you need to realize that this church means a lot not only to the new parishen -- the old parishen, but a lot of other people. They had some history within that place. And what I keep hearing about the -- people talking about "Well, we going to knock it down and build it up," that's not what I was told in all the meetings that I've had. My understanding was the meetings -- they were not going to be knocked down. They're going to maintain it. At the same time, in talking to both parties, I always tell them, look, you might -- some good might come out of this. You got the Pedro Pan. You got the Assumption Alumni. You got a lot of people here that were not interested in -- they were interested that visited, but now they had shown how important this church is to them. So I think -- what hope what comes out of this today, whatever the decision takes -- andl know whatever decision is taken, is going to be appealed, and it's going to be time in the appeal. What I want to request of you is during that appeal, get together. You have all those individuals here. You all get together. You all want the same thing: You want to maintain the church. My understanding is you can talk to the Planning Department, you can talk to the Preservation Trust, andl'm sure you can come up with a lot of help, andl'm sure there's a lot of things she can do there, because not the whole lot is designated. So that's just food for thought. Commissioner Suarez: Mr. Chair. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. You know, this issue -- I think is an issue that, to a certain extent, you have to kind of divorce your personal feelings, andl think everyone here has some personal feelings; and probably most of us here, even up here, have had some, you know, personal interactions with the church or -- You know, in my case, my mother went to Assumption, to the school, and my parents were married in St. Jude, and the product of that marriage is the person that you see before you now, which I think is pretty historic, by the way, so -- Chair Sarnoff Wait a minute; I think you fit some of the categories. Commissioner Suarez: No. In all seriousness, I think -- you know, I think can say from listening to the testimony of the Assumption graduates that there's a certain amount of trauma that they felt when they lost their school. Andl know -- I went to a high school not very far away, La Salle, and it's a Catholic school, andl have very fond memories of going to school there, andl can't even imagine how I would feel if La Salle was, you know, torn down, and that would certainly -- you know, that would certainly traumatize me and make me suspicious and worried about what would happen. You know, when this -- not to get overly biblical, but when this -- as you are saying, Commissioner Gort, when we knew that we were going to be confronted with this decision, I think it was pretty clear that this was not going to be an easy decision; that it was going to be a hot potato, and it made me -- reminded me of the story in Luke, actually -- and we're getting very biblical here today -- of Jesus in the Garden of Gethsemane, where he initially says, you know, `Lord, if" -- He knows what He's about to face, and He says -- you know, He first asked the Lord if he could -- "If you could allow this cup to pass" so He wouldn't have to experience His decision, because it's a situation where you know whatever you decide and City of Miami Page 255 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 whatever you do, in many cases you're not going to make everyone happy or someone's not going to be happy or half the people are not going to be happy. Andl remember the -- there's two versions. There's a version -- I think there's two. There may be more, 'cause there's four Gospels. But I know there's at least two versions, one in Matthew and one in Luke. And in the one in Luke, it says that He prayed so intensely that his sweat turned to blood. That's how much he agonized. I think we've agonized so much here tonight that if anyone is sweating out here, it's probably bloody. But in seriousness, I think we also -- there's obviously a lot of emotion around this issue, and we've dealt with a lot of issues over the last few weeks that have produced a lot of emotion. And I'm a lawyer, as is the Chair, and so I've struggled not only with the emotion, but I've also struggled with the criteria that we have to apply. There is a legal standard, and it's a standard that's borrowed from the National Registry, but it's incorporated into our code, and we've all, as elected officials, sworn a solemn oath to uphold our laws and our constitution and our code. And the way our code is written, as is the way that the National Registry is established, it creates a -- it basically says that religious institutions -- that property owned by religious institutions are an exception to the rule that would allow for a historic designation under a certain set of criteria. And then, as all lawyers do, they write exceptions to the exception. And the exception to the exception that has been discussed here today, which is really the legal -- kind of zeroing in on the legal issue, is Section 23-4(b) (7), and that says that a religious property -- let me take a step back so I can explain a little bit more, and know we've already talked about this, but even at this time, at 2 o'clock in the morning, I have to refresh my memory of what's going on here. So 23-4(a) is the criteria for designation; 23-4(b) is the criteria exceptions, and it says: "Ordinarily, properties owned by religious institutions or used for religious purposes shall not be considered eligible for listing in the Miami Register of Historic Places. However, such properties will qualin, for designation if they fall within one of the following categories." So you have the exception and then you have these following categories, which are exceptions to the exception. Not very -- does not -- law school, you'd fail your drafting class. But among the exceptions is exception number (7), which is the only exception here that's been cited. And that is that: "The religious property has to derive its primary significance from architectural or artistic distinctions or historical importance," other than the birth of yours truly. And so the standard is you need to have -- you need to provide -- you know, we're here in a quasi-judicial fashion -- you need to provide substantial and competent evidence. That's what she's doing right here. This lady who's been frivolously typing away, who just took a bathroom break, she's been the hardest working person in this entire room, because while we've all been listening passively and I've been walking around and pacing all over the place, she's been there dutifully taking notes. Because my -- I don't think she's doing that in vain, by the way. I think there's a reason why she's doing that, and the reason is that there's been a record that's established here, and if the organization -- whatever we do here today can be challenged by a court, so we can vote to designate. We can -- And by the way, we've had many -- not many. I would -- I'd say this Commission's been pretty good. We've had a couple of our decisions overturned more than once. We have. We have. We have. Just take my word for it. Take my word for it. But in any event, we need to -- there needs to be in the record substantial and competent evidence that this property derives its primary significance from architectural or artistic distinction or historical importance. And, you know, I'm not sure that there has been substantial and competent evidence provided of that to meet that test. Now, like I said, we can go forward and designate this historic, and then they have the right -- they have their rights to challenge it, and the court might agree with us, the court might not agree with us; in which case, they would bring it back to us and say, basically, "There wasn't competent and substantial evidence for you to make this determination, and therefore, your determination is overruled or improper," et cetera. What this all leads me to is -- and I'm a transactional lawyer. I happen to be a real estate lawyer, so what that means is I don't like fighting. I don't like arguing. I don't like bickering. I think in litigation, in fights, in adversary -- in adversarial processes, most of the time both parties walk away unhappy. And I think -- I kept struggling -- as I listened and as I've discussed it with staff I kept struggling with there's got to be a solution to this. There has to be a way that everybody can walk away feeling good; there's got to be a way. Andl think there is a way, to be honest with you. I think what -- and you know, Mr. Korge kind of alluded to it. What City of Miami Page 256 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 is the main concern here is that members of Assumption, that, you know, parishioners that either attend the church or don't attend the church, I think everyone here is in agreement that the church is a very, very, very special place. Andl think that most would argue that the church has historical significance to them. Clearly, it has historical significance in my family. The question is whether it has legally sufficient, substantial and competent historical significance under the standard of law. That's really what we're supposed to be deciding. So my recommendation is kind of similar to what the Chair said and it's kind of similar to what Commissioner Spence -Jones would say, but it's with a little bit more definition. We cannot force the applicants -- I mean, we cannot force the church to proffer a covenant, we can't. That's not within our power. However, you know, I'm not so sure they want to keep escalating this or having to continue to fight this. And, you know, I don't know where the votes are going to line up here. We may have the votes here to designate it historically right now. So the votes might be here. It might get designated historically. They have to spend more money on attorney's fees and fight that designation on the basis of their interpretation of the record and their interpretation of our ordinance. They may win. They may lose. We may lose in terms of what decision we make. But I think a covenant -- and it doesn't have to be necessarily a 50-year covenant or a 30-year covenant -- but I think a covenant of some specified time that you all can agree to, whether it a 10year covenant, a I5year covenant, something. You know, it's been suggested by, you know, one of the parties, the party that -- one of the members of the parties -- one of the founding members of the church, andl think that's something worth exploring to be honest with you, because at the end of day, that could create, I believe, a win -win in this situation where the church can proffer a covenant either not to demolish the building, not to change it in its, you know, integrity, and then doesn't have the other potential difficulties that -- I shouldn't say "difficulties." That's not the right word -- doesn't have the potential obligations that historical designation requires, which they're obviously concerned about, but at the same time preserves, in essence, what the people who are afraid of what may happen to the church desire, which is that the church stay there in its form. So that's my humble recommendation. I think that a covenant could solve this. It was suggested by Cris Korge, who was, you know, a founding member of the church, andl want to make his mom happy, too; not just my own. And, you know, it was -- it may be something that both sides can agree to. And, you know, again, I'll end with the Old Testament, because that's what my Planning director suggested to me in the break. It's a little bit of a Solomonic compromise, you know. It's neither party necessarily getting everything that they want, but if you really think about it, both sides are walking away with exactly what they want, if you really think about it. If it's a 10year covenant or a I5year or a -- whatever the -- you know, whatever the -- Plus, you had the additional consideration that the Chairman raised which, by the way, thank you, Lucia, ifyou're still awake, for bringing that to our consciousness and the Chairman for reiterating it, which is there is a transfer, and maybe people don't understand that because we have a new zoning code, which is called Miami 21, and there are transfer of development rights. So just because you have a small structure on a piece of property, if you could build a very large structure, you can basically sell the difference to someone else, and we've done that, and it's already happened under the code. So you don't have to be worried that if you have a small structure, you're never going to get the value for your property. That's one of the neat things that Miami 21 allows us to do, andl appreciate Lucia for -- you know, Ms. Dougherty for bringing that suggestion. So again, we could designate today and a court could overturn it tomorrow. It can happen. I've seen it happen. And I'll come back to the next Commission meeting with when it happened. It actually happened twice. And if you give me enough time, maybe when someone else is speaking, I'll actually remember. I think, actually, Lucia was involved in it. It was a case that she was involved in, that it got sent back to court, brought back to us; we sent it back one more time and it got brought back to us a second time. But in any event, if -- by the way, if you remember it, anybody up there, feel free to throw me a life preserver, you know. But, look, I think -- Chair Sarnoff (UNINTELLIGIBLE). Commissioner Suarez: Yeah. So I think, at the end of day, whatever we decide, it has to pass City of Miami Page 257 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 legal muster. It's not about, you know, my emotion -- I wouldn't be born if it wasn't for St. Jude Church, bottom line. So, I mean, it can't get any more historic for me than that. So, you know, I mean -- you know, my sister is the president of Dade Heritage Trust. She's the one that wrote the letter requesting that it be historically designated. It's a part of the public record, you know. So, I mean, it's a -- it's obviously -- you know, it's a difficult position for us to be in. We don't want to be in this position, I guarantee you that. We don't want to hurt anybody. We don't want to offend anybody. We don't run for office and we don't try to get elected to upset people. That's not what we do. So we want people to leave here saying "Wow, these guys are so smart. They're so great. They're so wonderful." That's what we want. So, you know, that's my suggestion. I think that the parties should get together. I think they should discuss a covenant that they can mutually agree to and it has the same effect, which is preserving the church, which is what we're really here to do. I guess that's my two cents on the subject. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, you know, I am amazed at all the parties that have come and shown, first of all, their patience. I know some of you were here from 9, 11, and 2: 30 this afternoon, and when -- I was even more amazed when the Chairman said "We probably won't hear this until sometime after 7, " and no one got up and everyone stayed. It was very impressive, very impressive. And I'm also very impressed with all the passion that was shown and, I could say, a lot of eloquent speaking. With that said, listen, I don't have a problem with a covenant, but, you know, both parties have to agree -- Commissioner Suarez: Yeah. Commissioner Carollo: -- to that. It's about 2: 30 in the morning. I don't know if they want to discuss it now. I don't know if -- you know, listen, I -- at the same time, I don't want everyone to feel, "Hey, we were here God knows how many hours and they deferred it." So I mean, I don't mind taking a vote, but at the same time, I'd like to reach consensus if it's possible. Commissioner Suarez: And let me just say, Commissioner, 'cause we had a -- if you recall -- and I think it was the right thing to do at the time -- a zoning issue in your district, if you remember, and it was a hotly contested one with the school and -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Suarez: -- we -- Commissioner Carollo: School. Commissioner Suarez: Yeah. And we had a -- we had a huge audience of people, and there were people lined up, and it was a contentious item, and we -- I think we were up till -- andl left early. I listened to it, but I left early. Commissioner Carollo: I know. Commissioner Suarez: But we were up. You guys were up until 1, 2 o'clock in the morning. Commissioner Carollo: I know. Commissioner Suarez: And we decided to close the public hearing, let the parties, you know, have some more time, and they came back, and we ended up making a decision, and that was it, You know. I'm just saying that, you know, I think that there is a -- my perspective is that there is a plausible solution on the table that will achieve the goals of the parties, of the respective parties. And don't know why we wouldn't afford ourselves of the opportunity to explore that, City of Miami Page 258 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 what I consider to be a plausible solution where everyone can walk away happy. Commissioner Carollo: And -- Commissioner Suarez: That's my -- Commissioner Carollo: -- what I'm saying is I'm always looking for consensus, and if it's possible -- I mean, the parties are here. I mean, I don't know if they want to speak, if that's a possibility, something they will entertain where, you know, I don't know, in the next month or so, they could discuss it or, you know, see if a covenant is possible. I don't know. Father or -- you're being represented. Unidentified Speaker: Can I make a suggestion? Commissioner Carollo: -- (UNINTELLIGIBLE) sides, you know. Unidentified Speaker: Can I make a suggestion? Vice Chair Gort: Mr. Chairman. Chair Sarnoff Wait, wait, wait. Let me -- let's ask the attorneys; they represent their clients. Mr. Muniz, is that --? Do you want the vote called or do you want to try to do some reconciliation? Mr. Muniz: Well, I'd like to check with the bishop. I don't have a -- I'm just a lawyer. I don't have authority. Father Damon doesn't have authority. I'm not sure -- I mean, the bishop might have authority. I'm not sure that any kind of a deed or conveyance would have to come from -- approval -- Vice Chair Gort: Not a deed. Mr. Muniz: -- would have to come from -- well, a covenant would have to be conveyed by a deed Chair Sarnoff Right. Mr. Muniz: -- and that would have to come from Rome. That's not -- that doesn't mean it's impossible, but -- Chair Sarnoff Are -- Mr. Muniz: I can't make the decision tonight. Chair Sarnoff -- do you want -- well, here's the question. It's the simplest question: Do you want this Commission to take a vote tonight or do you want to try to see if a month's time gives you the opportunity to look into that? And I'm going to say one last thing. If you do the covenant, you will not be allowed to sell -- there's no transfer development right 'cause you would not be historic and you wouldn't even be eligible under Chapter 23. Mr. Muniz: We understand that. I think Father Damon would like to -- you'd like to talk to the bishop about it? Chair Sarnoff Go ahead, father. You're the -- you're sort of the principal. Mr. Damon: It sounds like a wonderful solution, and we thank you, Commissioners, for raising City of Miami Page 259 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 the idea. But again, I don't have the authority to do it. Chair Sarnoff But do you want the time to get the authority? Mr. Damon: I think it would be worthwhile at least to -- for me to consult with the bishop on it. I think, from what he said before, he would be amenable to it, from what -- if I'm remembering conversations with him, 'cause this had been suggested at one point further down to line, so if you -- I -- again, I'm not the boss. Chair Sarnoff I understand. Many Damon: Yet, but I would -- Chair Sarnoff Let me just check with Mr. Pastoriza. Is that something you would like to try? Mr. Pastoriza: Mr. Chairman, a covenant is not simply the fact that they could not sell the property, okay? That's not just the sole objective of a possible covenant. Commissioner Suarez: That's not what -- Mr. Pastoriza: It's not the sole objective -- Commissioner Suarez: That's not what -- Mr. Pastoriza: -- because one of the objectives that my client wants is to make sure that the property is preserved in the manner that would preserve that building the way that building is. The covenant really simply would probably say, "Listen, we will commit" -- and we don't know whether they will or not. They're going to have to check with their bishop -- "to not sell the property." It's got to go beyond that, because -- Commissioner Suarez: But wait, wait, wait. Mr. Chairman, may I, please? Because here's the thing, Mr. Pastoriza: You're a very good lawyer. Mr. Pastoriza: Thank you. Commissioner Suarez: Okay. And I've seen you proffer many covenants, and they're very well written, and you protect your client's interest very well, and trust you to protect your client's interest, because that's what you do and you do it very well. If we designate this property historic today and it gets overturned by a court tomorrow, it's useless what we did. We did it to please everyone or to make some sort of a political statement, but it's it doesn't mean anything. That's my point. My point here is we have a potential solution that could -- that both sides could walk away with something good. I trust your ability to proffer a covenant, to draft a covenant, to help in the drafting of a covenant -- okay? -- to review a covenant that is drafted and to make sure that your client's interests are protected. Mr. Pastoriza: I will tell you this much, Commissioner -- andl appreciate the fact that you're trying to see if a compromise can be reached. But one of the things that that covenant must have besides the fact that you're going to commit not to sell this property for a certain amount of time is a voluntary commitment that they would go through a certificate of appropriateness, okay, before obtaining building permits for this property. That way -- Commissioner Suarez: Okay, but -- Mr. Pastoriza: That way -- City of Miami Page 260 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Suarez: -- I don't want to negotiate the covenant right now. Mr. Pastoriza: I understand. But I want to lay it on the record now so that you understand -- Commissioner Suarez: But what -- wait, wait, wait. What's the point if they don't have the authority? Mr. Pastoriza: But they will go back to their bishop -- Commissioner Suarez: Okay. Mr. Pastoriza: -- and probably say, hey, now -- Commissioner Suarez: I yield to your experience. Mr. Pastoriza: Okay. And the reason why I say that is because that would give us the protection that the building would go through the process, and whenever those improvements get approved, they're going to be reviewed by the Historic Board and they're going to be making sure that the improvements are compatible with the historical architectural nature of the property. Commissioner Suarez: Whoa, whoa, whoa, whoa. Mr. Pastoriza: Yeah. Commissioner Suarez: Wait, wait, wait. Whoa, whoa, whoa. Wait, wait, wait. Mr. Pastoriza: Look -- Commissioner Suarez: Time out, time out, time out, time out. Most of the testimony here and most of the things that have been out there -- Mr. Pastoriza: Yeah. Commissioner Suarez: -- is a fear that the church is going to be demolished in favor of a larger church or that it's -- we're going to lose the church, which is what everyone feels is historically significant, whether it meets a legal standard or not. Everyone here feels that -- in 1977, before I was born, there was an article saying it was historically significant. That was May 10, 1977. It was six months before I was born. I was born October 6, 1977. It was being, you know -- but that's not a legal determination. So, you know -- I mean, I think you can work with the other side to draft a covenant that does what you think it should do, but that it -- you know, that the real worry here is that if it gets demolished or that it gets altered in some way that makes it look decent from what it is or like loses the character of what it is -- Mr. Pastoriza: That's part of the worth. Commissioner Suarez: Right. Mr. Pastoriza: Yeah. Commissioner Suarez: So back in -- I trust you. You're good. You're smart. Mr. Pastoriza: Listen, I know the terms that I would put -- Commissioner Suarez: You've been around. City of Miami Page 261 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Mr. Pastoriza: -- in the covenant right now. Commissioner Suarez: Exactly. Chair Sarnoff Commissioner Gort. Commissioner Suarez: But I don't think just referring it to the HEP Board -- I mean, that's the same thing. Mr. Pastoriza: No, no, no. I never said -- Commissioner Suarez: Okay. Mr. Pastoriza: -- referring it back to the HEP Board. Commissioner Suarez: Okay. Mr. Pastoriza: What I've said was for the -- just like they voluntarily would agree not to sell this property, that they would -- Commissioner Suarez: Or demolish. Mr. Pastoriza: -- also volunteer -- Commissioner Suarez: Or demolish it. Mr. Pastoriza: -- for the process of going -- whenever they want a permit to do improvements to the property, whether there are additions or whatever, that they will go through the process of a certificate of appropriateness, which means a review by the HEP Board so that it will ensure compatibility with the existing building. That would be one of our concerns, that not -- Commissioner Suarez: But how is that -- Mr. Pastoriza: -- only the building -- Commissioner Suarez: My question to you there is: How is that different from being designated historic? Mr. Pastoriza: That they don't really have the historic designation on it. Commissioner Suarez: No, no, no. If they have to go through a certificate of appropriateness, which means it has to be approved by the HELP Board, what's the difference between being designated historic? What I'm looking for here is -- you're asking for them to be designated as historic. Mr. Pastoriza: Yes. Commissioner Suarez: Okay? And what we're saying is we can do that. A court might not uphold our decision, okay? Mr. Pastoriza: But -- OUTBURSTS FROM THE AUDIENCE. Commissioner Suarez: Listen, listen, listen. City of Miami Page 262 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Chair Sarnoff Hey, hey, hey. Commissioner Suarez: Hey, hey, Hey. Chair Sarnoff Stop. Commissioner Suarez: Whoa, whoa, whoa. Chair Sarnoff Stop, stop, stop, stop. Commissioner Suarez: Whoa, whoa, whoa, whoa. Chair Sarnoff No, no, no. Commissioner Suarez: I'm telling you that there's a standard here, and the standard is you have to provide substantial and competent evidence that the religious property derives its primary significance from architectural or artistic distinction or historical importance, its primary significance; otherwise, you can't designate it as historic, legally. Mr. Pastoriza: I understand. Commissioner Suarez: Okay? So if a judge looks at the record and decides that we're going to -- So what I'm saying is you have risks. They have risks, because if we designate it historic, they got to sue us, so they have risks. They have to spend more money. They have risks. You have risks. Mr. Korge: May I make a suggestion? Commissioner Suarez: Let me just say, you made the suggestion, andl thought it was a brilliant suggestion. Mr. Korge: Well -- but there's one way, for sure, to make sure that you get a covenant and that is to support the historic designation, because they have the option -- Commissioner Suarez: That's not what you said before. Mr. Korge: I -- what I said was that it was very curious that -- Commissioner Suarez: That they're not proffering a covenant. Mr. Korge: -- this issue never was resolved by the bishop and the bishop was not here -- Commissioner Suarez: No. What you said specifically was you're surprised that they didn't proffer a covenant not to do any -- not to tear it down in 30 years. Mr. Korge: Absolutely. Commissioner Suarez: And what I'm saying is maybe it's not 30, but maybe it's 15 or 20, but -- Mr. Korge: But what I'm saying to you is that that train left the station. Commissioner Suarez: Why? We're here. We're at the -- Mr. Korge: Well, I'm going to tell you why I think it left the station. Because I think that if you City of Miami Page 263 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 just delay your decision, it's just going to cost both sides more money and you're going to be back here again. The public hearing's closed, so that's a good thing. Commissioner Suarez: Right. Mr. Korge: But I still think that if you really want to force a decision -- you know, I'm not going to argue with you about whether or not there's competent legal evidence. Obviously, I disagree with that. I think there is for you to make a decision as a designation. But if you want to force a decision, there's a period of time where they can appeal. That's the period of time where the bishop can do what he needs to do to go find out whether he can get -- make a deal or not, and it forces -- it puts a deadline on this and they will either make a decision and come back. Anyone can file a notice of appeal, okay? We all -- us lawyers know that that's a simple thing to do. But if you make a decision today to designate it, I think it really brings the parties to the table and forces them to make a deal. If you don't do that, I think that you -- OUTBURSTS FROM THE AUDIENCE. Commissioner Suarez: Guys, guys. Please, please, please, please. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're -- Well, let me -- I've been holding off Commissioner Gort. I'd like -- Vice Chair Gort: That's all right. Chair Sarnoff -- to go to Gort. You're all right? Vice Chair Gort: That's all right. Chair Sarnoff All right, he's going to yield to Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I think what we're trying to prevent up here is to force a decision. We want to see if there's a consensus. However, in all fairness, what I'm seeing, Commissioner Suarez, is that they may be too far apart. Commissioner Suarez: May be. Commissioner Carollo: It appears like they're too far apart -- Commissioner Suarez: May be. Commissioner Carollo: -- and we may then have to take a vote, so like I mentioned, what I don't want is everyone to feel that they've come here, they spent numerous hours, and then we deferred it. So even though I know the intent is to reach consensus, it's starting to appear more and more, without putting words in anyone's mouth, that they're too far apart and they want us to make a decision. They want us to take a vote. Commissioner Suarez: And here is -- Applause. Vice Chair Gort: No, wait. Come one. Commissioner Suarez: Listen, I'm not -- listen, I have no problem making a decision. I've been -- we've made decisions for three and a half years. We've made tough decisions, difficult City of Miami Page 264 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 decisions. That's not the issue. The issue here is -- As a transactional lawyer, as someone who does transactional work every day for a living, you try to analyze -- and by the way, as a mediator -- Aren't you a certified mediator? Yes. -- you know, you look at the risks, the relative risks and the strengths and the weaknesses of both the cases. And what I'm trying to tell you is we can designate it as historic right now. We can do that, and we may do that, okay? If that's what's forced upon us, if that's what -- we may do that. That doesn't mean it's going to be upheld, okay? And I'm telling you, just reading our ordinance, something you got to think about, okay? You got to think about it. Now, there's risk on their side too, because if we designate it historic, they have to sue us to undo it. So they have -- they're going to cost -- it's going to cost them money. It's going to be -- so it's -- this is not going to go away today. It's not. It's not. It's not. So, you know, this is just going to go to another forum. This is going to go to another forum, okay, and it's going to continue, but -- So what I was kind of latching onto was what one of the founders of the church had made as a statement, where he said, "Why didn't they just proffer a covenant? " you know. And I said, "Whoa, that sounds like a great idea. Why don't they proffer a covenant?" Andl think that could be a solution, because maybe the covenant doesn't say 30 years, but maybe it says 25 or maybe it says 20. And then it has other things built into it which give one side comfort that nothing substantially is going to change in the building and that it's not going to get torn down, and it gives the other side comfort that they don't have to go through a cumbersome process when they want to change a window or when they want to do some minor repairs or when they want to do a baptismal well, you know. So I'm trying to find a solution. Chair Sarnoff All right, so -- Commissioner Carollo: And Mr. Chairman. Chair Sarnoff Go ahead, you're recognized. Commissioner Carollo: I'm going to make a motion, but I want to yield to Mr. Garcia with regards to what's the proper motion that have to make in order to designate it a historic site. Mr. Garcia: Thank you, sir. Since this is an appeal -- Commissioner Carollo: Right. Mr. Garcia: -- of the decision of the Historic and Environmental Preservation Board, the motion would then be to overturn decision -- to uphold the appeal and overturn the decision of the HEP Board. Commissioner Carollo: Okay. Then I make a motion to -- say it again. Mr. Garcia: To uphold the appeal and overturn the decision of the HEP Board. Commissioner Carollo: I make a motion to uphold the appeal -- Unidentified Speaker: May I make a suggestion and (UNINTELLIGIBLE)? Chair Sarnoff No. Commissioner Carollo: No. Chair Sarnoff No. Mr. Garcia: And overturn the decision of the HEP Board. City of Miami Page 265 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 Commissioner Carollo: -- and overturn the decision of the HEP Board, and that's my motion. Commissioner Suarez: Second. Chair Sarnoff There's a motion and -- Commissioner Suarez: Second. Chair Sarnoff -- there's a second. I'm going to give each side one last opportunity. Do you want 30 days to try to work this out? I am only looking at the lawyers. The only people that are going to speak are the lawyers. Vice Chair Gort: They don't want it. Mr. Muniz: My client has told me that he does. Chair Sarnoff Want the 30 days? Mr. Muniz: Yes. Mr. Pastoriza: We are -- Chair Sarnoff Do you want 30 days, Mr. Pastoriza? Mr. Pastoriza: -- comfortable with the way it is right now. Chair Sarnoff Okay. Then I will call the question. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you for coming. Vice Chair Gort: Now, wait a minute. Hold it, hold it, hold it. Hello. Just one word, please. Let's all get together after this. And you all want the St. Jude to continue. I think they need help. I think all of you, working together, can do what needs to be done. So don't come out of here separate. Let's come together as one unit and let's start working on it. Applause. 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 END OF DISTRICT 1 City of Miami Page 266 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 D2.1 13-00621 D2.2 13-00651 D3.1 13-00751 D3.2 13-00723 D3.3 13-00678 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00621 Status - Hiring Police Officers.pdf DISCUSSED Note for the Record: Please see Item RE.2 for minutes referencing Item D2.1. DISCUSSION ITEM STATUS OF PARKS EMPLOYEES, PARK RANGERS, AND POLICE AT MARGARET PACE PARK. 13-00651 Status - Margaret Pace Park.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM VERIFICATION OF THE ISSUANCE OF THE AUDITED FINANCIAL STATEMENTS ENDING FOR THE YEAR SEPTEMBER 30, 2012. 13-00751 Verification Issuance -Audited Financial Statements FY' 12.pdf NO ACTION TAKEN DISCUSSION ITEM FOLLOW UP ON RECRUITING. 13-00723 Email - Recruitng.pdf NO ACTION TAKEN DISCUSSION ITEM ILLEGAL BILLBOARD. City of Miami Page 267 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 D3.4 13-00719 D3.5 13-00753 D3.6 13-00838 13-00678 Email - ILLegal Billboard.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING FUTURE AUDIT PREPARATIONS. 13-00719 Update - Future Audit Preparations.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf NO ACTION TAKEN DISCUSSION ITEM BAYFRONT PARK MANAGEMENT TRUST. 13-00838 Email - Bayfront Park Management Trust.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00665 D4.2 13-00600 UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING IMPLEMENTATION OF FICAALTERNATIVE PLAN FOR PART-TIME, SEASONAL, AND TEMPORARY EMPLOYEES. 13-00600 Implementation of FICAAlternative Plan.pdf NO ACTION TAKEN City of Miami Page 268 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00565 D5.2 13-00777 D5.3 13-00782 NA.1 13-00890 DISCUSSION REGARDING AWARDING ALL EMPLOYEES A MID -YEAR BONUS. 13-00565 Email -Awarding Employees Mid -Year Bonus.pdf NO ACTION TAKEN DISCUSSION ITEM PRESENTATION BY THE LIBERTY CITY TRUST ON ACCOMPLISHMENTS IN 2012-2013 AND GOALS FOR 2013-2014. 13-00777 Presentation Liberty Trust -Accomplishments FY' 12-13.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION ON THE EMPLOYMENT STATUS OF PART-TIME AND TEMPORARY EMPLOYEES, INCLUDING BUT NOT LIMITED TO HOURS AND WAGES, IN LIGHT OF THE EMPLOYER MANDATE UNDER OBAMA CARE. 13-00782 Employment Status of Part-time & Temps.- Obama Care.pdf NO ACTION TAKEN END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM APPROVAL BY THE MIAMI CITY COMMISSION OF MAYOR REGALADO'S DESIGNATION OF DANIEL J. ALFONSO AS ACTING CITY MANAGER, TO ASSUME THE DUTIES AND AUTHORITY OF THE CITY MANAGER DURING THE TEMPORARY ABSENCE OF CITY MANAGER JOHNNY MARTINEZ. City of Miami Page 269 Printed on 8/28/2013 City Commission Meeting Minutes July 25, 2013 ADJOURNMENT DISCUSSED A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Spence -Jones absent, approving Mayor Regalado's designation of Daniel J. Alfonso as Acting City Manager, to assume the duties and authority of the City Manager during the temporary absence of City Manager Johnny Martinez. Chair Sarnoff Okay, Public Hearing 1. Commissioner Carollo: I think you have a time certain for the -- Chair Sarnoff Ten o'clock we do. Commissioner Carollo: -- 9: 30. Chair Sarnoff Oh, I apologize. You're right. But I thought that was withdrawn. Commissioner Carollo: Well, we have the audit -- Daniel J. Alfonso (Acting City Manager): Commissioner -- Commissioner Carollo: -- financial statement presentation. Chair Sarnoff Okay. I apologize. Go ahead. Commissioner Carollo: And before we do that, point of privilege, Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Mr. Chairman, it's my understanding that every time that the Mayor names a City Manager or acting City Manager or all that, that this Commission ratifies that appointment. So, I mean, I don't want to diminish the powers of the City Commission. I believe that we're all -- and haven't spoken to any of you, but I believe, from being here and working with Danny for quite some time that we are in agreement with it, but I still don't want to diminish the power of the City Commission. I think we should ratify or take a vote. Chair Sarnoff I'm going to take that as a motion. Commissioner Suarez: Second. Chair Sarnoff We have a motion and we have a second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. The meeting adjourned at 2: 41 a.m. City of Miami Page 270 Printed on 8/28/2013