Loading...
HomeMy WebLinkAboutCC 2013-09-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 01 t� s dr:IRr "ATf 1s up Meeting Minutes Thursday, September 26, 2013 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 26, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 ofMiami Page 2 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 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 26th day of September 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 9:26 a.m., recessed at 12: 01 p.m., reconvened at 3:27p.m., recessed at 5:35 p.m., reconvened at 5: 48 p. m., and adjourned at 5: 49 p. m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9:28 a.m., Commissioner Carollo entered the Commission chambers at 9:29 a.m., and Commissioner Spence -Jones entered the Commission chambers at 9:31 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Daniel J. Alfonso, Acting City Manager ToddB. Hannon, City Clerk Chair Sarnoff (INAUDIBLE) 2013 meeting the City ofMiami Commission in these historic chambers. The members of the City Commission are W fredo 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; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by the Mayor. Is he still here? That's going to default to Commissioner Gort, and the pledge of allegiance conducted by myself. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PRA PRESENTATION 13-01103 Honoree JW Marriott Marquis Miami Firefighters Appreciation Month w/Muscular Dystrophy Assoc. International Day of Peace in Miami Julie O. Bru Day and acknowlegment Office -City Attorney Warren R. Bittner Maria J. Chiaro Grecia Ameneiro Bettie Vogler Presenter Mayor Regalado Mayor Regalado Mayor Regalado The Mayor & Commissioners The Mayor & Commissioners Protocol Item Salute Proclamation Proclamation Proclamation Retirement Certificates City ofMiami Page 3 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 American Residential Vice Chair Gort Certificate/Appreciation Services of Florida Jose M. Peral The Green Team of Commissioner Certificate/Appreciation Solid Waste Department Spence -Jones Liberty Square Commissioner Certificate/Appreciation Residents Council Spence -Jones FP&L - Jose Solares Commissioner Certificate/Appreciation Spence -Jones Officer R. Jones Commissioner Certificate/Appreciation Suarez 13-01103 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented a Salute to the JW Marriott Marquis Miami, for their participation in the Miami Children's Initiative for going Over the Edge'to insure that every child in our community has the opportunity to become an outstanding leader. 2. Mayor Regalado paid tribute to the International Association ofFire Fighters and the Muscular Dystrophy Association (NIDA) and proclaimed the month of September 2013 as the Miami Firefighter Appreciation Month for their efforts to encourage public awareness of the effects of neuromuscular diseases. 3. Mayor Regalado paid tribute and proclaimed the twenty-first of September 2013 as the International Day of Peace in Miami to pause, reflect and consider how best to break the vicious cycle of violence and conflict. 4. The Mayor Regalado and City Commission paid tribute to Madame City Attorney, Julie O. Bru in honor of her outstanding professional contribution to the City expressing sincere appreciation for her twenty four years of outstanding service to the community; furthermore proclaiming September twenty-sixth of 2013 as Julie O. Bru Day. 5. The Mayor and City Commission paid retirement tributes to Deputy City Attorneys, Warren Bittner and Maria J. Chiaro for their outstanding service and presented Certificates of Appreciation to Grecia Ameneiro and Betty Vogler for their service and dedication to the Office of the City Attorney. 6. Vice Chair Gort presented a Certificate of Appreciation to Bryan Craun, Regional Manager, of the American Residential Services of Florida honoring his commitment to civic responsibility and communal welfare by a neighborhood partner. 7. Commissioner Spence -Jones presented Certificates of Appreciation to the members of the Green Team of Solid Waste Department for their dedication and participation in the City of Miami Green Team initiative which served as a catalyst for creative involvement in beautification Of our community. City ofMiami Page 4 Punted on 10/21/2013 City Commission ORDER OF THE DAY Meeting Minutes September 26, 2013 8. Commissioner Spence -Jones presented a Certificate of Appreciation to the Liberty City Residents' Council for their outstanding service to the Liberty Square Housing Projects and the surrounding community and for their commitment to public service. 9. Commissioner Spence -Jones presented a Certificate of Appreciation to Jose Solares, Regional Manager, of Florida Power & Light Co. for addressing the safety and security needs for District five residents of the Liberty Square Community and the City. 10. Commissioner Suarez presented a Certificate of Appreciation to Officer R. Jones, Correctional Office, with the Holistic Rehabilitation Program at Turner Guilford Knight Center ('TGK), for his inspiration and goodwill. Chair Sarnoff We'll now make the presentations and proclamations. Presentations made. Later... Mayor Tomas Regalado: And Chairman, we do have -- Applause. Mayor Regalado: -- another speeches by the members of the Commission for two great lawyers of the City of Miami, the Office of the City Attorney. Presentation Made NO MAYORAL VETOES Todd B. Hannon (City Clerk): However, if you would like to go over mayoral vetoes, there are no mayoral vetoes. Chair Sarnoff Thank you for moving us along. Chair Sarnoff All right, everybody ready for lunch? Okay, we'll now make -- we will now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Victoria Mendez (Deputy City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and on line at wwwmiamigov. com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Arty person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. Chair Sarnoff All right, do -- let me start with the Administration. Does the Administration wish to defer, withdraw, or change any item on the agenda? City ofMiami Page 5 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Daniel J. Alfonso (Acting City Manager): Yes, Mr. Chairman. Thank you. RE. 4, we would like to continue that until the October 10 agenda. That is the only one. Chair Sarnoff Do any Commissioners wish to continue any item? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: There's one that I wish we could continue. However, it's not one of my items. I believe it's one of yours. It's SR. 1. It is a second reading. It's with regards to the private parking lots, and I'll be a little bit more specific. I want to make sure that I have ample time to really understand all the pieces, because it's a lot of parking lots around the Marlins Stadium andl want to see how that affects. So -- Chair Sarnoff Okay. It'll -- continue to the next meeting, all right? Commissioner Carollo: The next one or -- can we do it in November? Do you have a problem with November? Chair Sarnoff Second meeting in October won't give you enough time? I'm just -- I just -- November's fine. Commissioner Carollo: We'll do November. Thankyou. Chair Sarnoff You're welcomed. Anybody have anything else they wish to continue, amend, change, move? All right, so is there a motion as stated? Commissioner Carollo: So moved. Commissioner Suarez: Move. Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Carollo: Thank you. Chair Sarnoff Okay, are there any Commission meeting minutes that need to be approved, Mr. Clerk? Todd B. Hannon (City Clerk): Sir, there are no meeting minutes to be approved. City ofMiami Page 6 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 CONSENT AGENDA CAA RESOLUTION 13-00968 DepartinentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FOR THE USE AND OCCUPANCY OF THE PROPERTY LOCATED AT 1701 NORTHWEST 30 AVENUE, MIAMI, FLORIDA, BY THE CITY OF MIAMI'S DEPARTMENT OF POLICE, FOR AN INITIAL TERM OF THREE(3) YEARS, WITH AN OPTION TO EXTEND FOR AN ADDITIONAL FIVE (5) YEAR PERIOD, FOR AN ANNUAL RENTAL FEE OF ONE DOLLAR ($1.00) PER YEAR, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LEASE. 13-00968 Summary Form.pdf 13-00968 Legislation.pdf 13-00968 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0373 CA.2 RESOLUTION 13-00990 Departinent of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF $24,825, RECEIVED FROM THE MIAMI-DADE COUNTY ("COUNTY") PARKING FINES REIMBURSEMENT PROGRAM; APPROPRIATING SAID FUNDS TO THE SPECIAL REVENUE FUND ENTITLED "DISABILITIES ADA PARKING FINES"; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY, FOR THE PURPOSE OF ACCEPTING SAID FUNDS AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL AFFIDAVIT, IN SUBSTANTIALLY THE ATTACHED FORM, ON AN ANNUAL BASIS, FOR THE PURPOSE OF ACCESSING SAID FUNDS FOR THE PROGRAMS AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OPTION TO RENEW ANNUALLY UNDER THE SAME TERMS AND CONDITIONS EVEN IF THE ANTICIPATED AWARD IS REDUCED OR INCREASED. City ofMiami Page 7 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 13-00990 Summary Form.pdf 13-00990 Memo - Office of the Mayor Miami -Dade County. pdf 13-00990 Legislation.pdf 13-00990 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0374 CA.3 RESOLUTION 13-00969 DepartrnentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND TROPICAL FINANCIAL CREDIT UNION, A FEDERALLY CHARTERED CREDIT UNION, FOR THE USE OF APPROXIMATELY 20 SQUARE FEET OF SPACE IN CITY -OWNED PROPERTY, LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE MIAMI RIVERSIDE CENTER ("PROPERTY"), FOR THE PURPOSE OF OPERATING AND MAINTAINING AN AUTOMATIC TELLER MACHINE, ON A MONTH-TO-MONTH BASIS, FOR A MONTHLY USE FEE PAYMENT OF FIVE HUNDRED DOLLARS ($500), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. 13-00969 Summary Form.pdf 13-00969 Legislation.pdf 13-00969 Exhibit 1 SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0376 Chair Sarnoff All right, CA. 3, Commissioner Suarez is recognized. Commissioner Suarez: Thank you, Mr. Chairman. And l just -- the reason why I'm pulling it is because I just want to be consistent with another item that we have later on in the agenda that's a revocable license, andl wanted to delete paragraph 27 -- or Section 27 is probably a better way of characterizing it, which is the automatic revocation for cause section; and also, I want to delete references to notice -- to giving 30 days' notice in Section 26, so it just basically makes it a revocable license, which is what it is. Chair Sarnoff All right. Does everybody understand the amendments? Commissioner Carollo: I need a second. I want to ver. Chair Sarnoff Go ahead You want to say anything, Mr. Torre? Henry Torre (Director, Public Facilities): Shouldl read the item into --? City ofMiami Page 8 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Sure, go ahead Mr. Torre: Morning, Commissioners. Henry Torre, director ofPublic Facilities. CA.3 is a resolution authorizing the City Manager to execute a revocable license between the City of Miami and Tropical Financial Credit Union for 28 square feet of City -owned property at 444 Southwest 2ndAvenue, on a month -to month basis, for a use fee of $500 per month. I have no objection to the changes. I defer it to Legal. Victoria Mendez (Deputy City Attorney): Yes. I just wanted to clarify, Mr. Commissioner. On the automatic revocation section in Section 27 -- Commissioner Suarez: Correct. Ms. Mendez: --you want to delete the ten-day provision? Commissioner Suarez: Correct. Ms. Mendez: Okay. The only problem is that they need to remove their items from there. Commissioner Suarez: And I think that's a distinct issue. In other words, terminating the agreement -- having a license is one thing; them actually having the time to move whatever it is, is a separate issue, and I think -- I don't think there's a court in the United States that would not allow whoever's there to actually have the time to remove whatever it is to be removed. I just think that the legal document that evidences the relationship should be characterized as what it is. And I think there's an item coming later in the agenda that I want to make modifications to so that it is more reflective, from my opinion, of what a revocable license is, rather than some ambiguity as to whether or not it's a lease. Ms. Mendez: And Commissioner, I just wanted to confirm, could you allow us then to modify this to take out the time as you've described, but to place in there something that will allow them the time to get out their machinery and equipment, so to clarify it that way, that there will be no days with which to terminate; however, they will have ten days to take out the machinery. Just to clam that. Commissioner Suarez: That's fine. Ms. Mendez: Thank you. Chair Sarnoff All right, so -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Carollo. Commissioner Carollo: Andl understand the other item that's coming up is the Beasley item, that it's also a revocable license, and whether it's a lease or not or -- and some of that language; actually a lease, which I was going to have questions about, because in our meeting yesterday with the City Attorney, she stated that there was certain language that was taken out to make it more like a -- Commissioner Suarez: Revocable license. Commissioner Carollo: Yeah. However, I'm not seeing that in the backup information, so in all fairness, can we table this just so I'm clear on -- City ofMiami Page 9 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: Sure. Commissioner Carollo: -- whatever we're doing, and I could discuss it with the City Attorney and then compare it to the other? Commissioner Suarez: That's fine. No problem. Commissioner Carollo: Thanks. Chair Sarnoff All right, so CA.3 will be tabled. We will also then table -- Vice - Vce Chair Gort: Table the 1. Commissioner Suarez: RE. 1, I guess is -- Chair Sarnoff RE. 1. So concomitant -- term that I learned from Commissioner Suarez -- with CA. 3, we will table. Later... Chair Sarnoff All right. FR.1. Commissioner Carollo: Mr. Chair. Chair Sarnoff Yes, you're recognized. Commissioner Carollo: I had a chance to go back and read with regards to CA. 3, so if you like Chair Sarnoff You want to bring back CA. 3? Commissioner Carollo: Yeah, let's bring back CA.3. Chair Sarnoff All right, so now we're back from tabled CA.3. I believe all we need to do is call the question. It's a resolution. Commissioner Carollo: I just want to confirm on the record with regards to what we're excluding, and I want to make sure that the City Attorney is fine with the language she wants to implement with regards to someone removing property once a license has been revoked. Ms. Mendez: Yes, Commissioner, it'll be an automatic revocable date, and then we'll give time in the agreement with which the machinery or equipment needs to be removed, and I believe that that will address Commissioner Suarez' concerns and your concerns regarding the revocation period and the time to take out the equipment. Commissioner Suarez: I agree with that amendment. Commissioner Carollo: Thank you. Vice Chair Gort: Do you have the dates? Commissioner Carollo: I'm sorry? Vice Chair Gort: Do we have on record how many days they're going to have? City ofMiami Page 10 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: I think she said ten. Ms. Mendez: I'm sorry? Vice Chair Gort: Do they have --? Ms. Mendez: The ten days -- Vice -Vce Chair Gort: In ten days -- Ms. Mendez: -- it had ten days as revoc -- as the revocable -- Vice -Vce Chair Gort: Right. Ms. Mendez: --revocation period. Vice Chair Gort: My understanding is -- my understanding, what I read is they have ten days. If they have a default on their contract, they have ten days to take care of it. If they don't take care of it in ten days, then they have to leave. How many days we're going to give them for them to take out the equipment? Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Let Commissioner Gort's question be answered, then we'll -- Commissioner Suarez: Okay. Chair Sarnoff -- go to you. Ms. Mendez: First of all, it would be no ten-day period with regard to termination. Vice Chair Gort: Right. Ms. Mendez: And then we can give ten days for the equipment to be taken out. Chair Sarnoff Commissioner Suarez is recognized. Commissioner Suarez: Yeah. I just -- I kind of wanted to say it a little bit of a different way to clam the record. The revocation is at will, so it can be revoked instantly, but they have ten days to remove the property from -- Ms. Mendez: Correct. Commissioner Suarez: --the property. Ms. Mendez: Correct Chair Sarnoff Correct. Commissioner Suarez: The equipment. Chair Sarnoff All right, we need a motion and a second on this. Commissioner Suarez: Move it, as amended. City ofMiami Page 11 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Suarez, as amended; second by Commissioner Carollo, as amended. Any further discussion? All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. CAA RESOLUTION 13-00974 Departinent of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF RECYCLING ROLL CARTS (35,65 AND 95 GALLON), INCLUDING ASSEMBLY, DISTRIBUTION, AND ASSET MANAGEMENT AND INVENTORY SOFTWARE, FROM REHRIG PACIFIC COMPANY, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING CITY OF DEERFIELD BEACH REQUEST FOR PROPOSAL NO. 2011-12/18, EFFECTIVE THROUGH JULY 31, 2015, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF DEERFIELD BEACH; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00974 Summary Form.pdf 13-00974 Letter - Quarterly Pricing Adjustment.pdf 13-00974 Amendment to Contract - Recycling Roll Carts.pdf 13-00974 Contract - City of Deerfield Beach.pdf 13-00974 Resolution - City of Deerfield Beach.pdf 13-00974 Request for Commission Agenda - City of Deerfield Beach.pdf 13-00974 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0375 Adopted the Consent Agenda Motion by Vice Chair Gort, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones END OF CONSENT AGENDA Chair Sarnoff All right I guess we are at the consent agenda. Does anybody wish to make a motion on the consent agenda? Commissioner Suarez: Mr. Chair. City ofMiami Page 12 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff You're recognized. Commissioner Suarez: Can I pull CA.3 before a motion is made? Chair Sarnoff Um-hmm, so CA.3 will be pulled. Is there any motion for the remaining agenda? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by the Vice Chair. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PUBLIC HEARINGS PHA RESOLUTION 13-00973 Departinent of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PROCUREMENT OF THE HANDTEVY PEDIATRIC RESUSCITATION SYSTEM, FROM PEDIATRIC EMERGENCY STANDARDS, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $36,850; ALLOCATING FUNDS FROM ACCOUNT CODE (PTAEO) 18 -104014 -03 -1766 -EQUIPMENT - 184010. 13-00973 Summary Form.pdf 13-00973 Letter - Sole Source Provider of the Handtevy Pediatric Box. pdf 13-00973 Memo - Handtevy Pediatric Resuscitation System.pdf 13-00973 Memo - Request for Sole Source.pdf 13-00973 Notice to the Public. pdf 13-00973 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0368 Chair Sarnoff All right, so -- Commissioner Carollo: Thank you. Chair Sarnoff -- now we'll go to the public hearings, which we're more than okay to do. PH. 1. City ofMiami Page 13 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Deputy Chief Reginald Duren (Fire): Deputy Fire Chief Duren. PH.1 is a resolution of the City Commission. It's a sole source requiring four fifths affirmation. Chair Sarnoff All right. Is there a motion? Go ahead I thought you were done. Deputy Chief Duren: Okay. Commissioner Suarez: Second. Commissioner Carollo: So moved. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Suarez. Public hearing. Anybody wishing to be heard on PH. 1, pediatric fire -rescue equipment? Hearing none, seeing none, public hearing is now closed; coming back to this Commission. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PH.2 RESOLUTION 13-00967 DepartrnentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY EIGHT (8) FOOT WIDE BY THIRTY-TWO (32) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS TEATRO MARTI), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE AS WELLAS THE SIZE OF AND REMOVE ALL ORANY OF THE FACILITIES WITHIN SAID EASEMENT. 13-00967 Summary Form.pdf 13-00967 Notice to the Public. pdf 13-00967 Legislation.pdf 13-00967 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, 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-13-0369 Chair Sarnoff PH 2. Henry Torre: Good morning, Commissioners. Henry Torre again, director ofPublic Facilities. PH.2 is a resolution granting to Florida Power & Light a nonexclusive easement of approximately 8 -foot wide by 32 foot wide strip of City -owned property, located at 430 Southwest 2ndAvenue, also known as Teatro Marti. City ofMiami Page 14 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff All right. Is there a motion? Commissioner Carollo: So moved. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner -- the Vice Chair. It's a public hearing. Anybody wishing to be heard on PH. 2, PH. 2, please step up. Public hearing is now closed,- coming back to this Commission. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 13-00925 Departinent of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELAFONTE TACOLCY CENTER TO CONTINUE SAID SPORTS DEVELOPMENT PROGRAM, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, WITH THE OPTION OF THE CITY MANAGER TO RENEW FOR A TWO-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUALAMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675 FOR FISCAL YEAR 2013-2014, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000 WITH FUTURE FISCAL YEAR(S) FUNDING SUBJECT TO BUDGETARY APPROVAL. 13-00925 Summary Form.pdf 13-00925 Notice to the Pubilc.pdf 13-00925 Memo - Belafonte Tacolcy Ctr, Inc.pdf 13-00925 Legislation.pdf 13-00925 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 City ofMiami Page 15 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 R-13-0370 Chair Sarnoff PH 3. Juan Pascual: Good morning. Juan Pascual, director of Parks and Recreation. PH 3 is an item. It's a resolution for a four fifths vote, confirming the City Manager's recommendation that it's not practical or advantageous to pursue competitive bids for a grant agreement for Belafonte Tacolcy Center to provide use for its programming at the Belafonte Tacolcy Park, which is a park where this particular organization has a management agreement. They manage, they operate, and they facilitate all activities out of this one facility. Commissioner Suarez: Move it. Vice Chair Gort: Second. Chair Sarnoff We're going to have to wait because -- Commissioner Suarez: She's right there. Chair Sarnoff Oh, okay. There you go. I didn't see you up there. Commissioner Spence -Jones: I just had to say goodbye to the -- Vice - Vce Chair Gort: Second. Commissioner Spence -Jones: Yeah. Chair Sarnoff So we have a motion by Commissioner Carollo -- Commissioner Gort, excuse me, second by -- I'll take Commissioner Spence -Jones. Commissioner Spence -Jones: Second Chair Sarnoff Public hearing. Anybody wishing to be heard on PH. 3, PH. 3, please step up. Hearing none, seeing none, coming back to this Commission, any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PHA RESOLUTION 13-00926 Departinent of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP ("FOCAL"), INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IS THE MOST City ofMiami Page 16 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES ("SERVICES") FOR AT RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, WITH THE OPTION OF THE CITY MANAGER TO RENEW FOR A TWO-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $94,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $94,452 FOR FISCAL YEAR 2013-2014, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000. WITH FUTURE FISCALYEAR(S) FUNDING SUBJECT TO BUDGETARY APPROVAL. 13-00926 Summary Form.pdf 13-00926 Notice to the Public. pdf 13-00926 Memo - FOCAL.pdf 13-00926 Letter - FOCAL.pdf 13-00926 Legislation.pdf 13-00926 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0371 Chair Sarnoff PH 4. Juan Pascual (Director/Parks & Recreation): PH.4 is a resolution, also requiring a four fifths affirmative vote. It is -- Commissioner Spence -Jones: So moved. You can put it on the record, though. Mr. Pascual: Okay. It's an agreement with FOCAL (Foundation of Community Assistance and Leadership) to provide computer literacy programming and counseling at Moore Park. Chair Sarnoff All right, we'll take that as a motion by Commissioner Spence -Jones. Is there a second? Vice Chair Gort: Second. Chair Sarnoff Second by the Vice Chair. Public hearing. Anybody wishing to be heard? Mr. Cruz, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz. I am vice president ofAllapattah Homeowners. No. Albena Sumner was supposed to be here. She was the one that called me about this issue. I really don't know what's going on there, but, you know, they say that it's a lot of people here. They taking care of people out of I don't know. They take care of people in Allapattah 'cause Moore, they supposed to be a program for the people mostly in Allapattah. Commissioner that is City ofMiami Page 17 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 a good -- I don't know anything about the issue; was Albena Sumner called me and she was supposed to be here -- Albena Sumner: I'm here. Mr. Cruz: -- but she's not here. Ms. Sumner: I'm here. Mr. Cruz: That's it. And to me -- Commissioner Suarez: Is where? Mr. Cruz: -- got to do with the computers and -- computer. One of my grandchildren finish computers now in Florida State. Now he's making $65, 000 working on his own. So computers, that's the name of the game now. Thank you. Chair Sarnoff All right, does anybody else wish to be heard on the public hearing? You're recognized for the record, ma'am. Ms. Sumner: Albena Sumner, 1360 Northwest 37th Street, president of the Allapattah Homeowners Association. We are addressing --could somebody, please update --is this the FOCAL issue? Commissioner Spence -Jones: Yes. Ms. Sumner: -- atMoore Park? Commissioner Spence -Jones: Yes. Commissioner Suarez: Yes, ma'am. Ms. Sumner: FOCAL has been atMoore Park -- the reason we're -- we want some -- without any competitive bidding. This is not an automatic situation. You're not addressing the needs of our diversified community, and we don't want an automatic renewal. There should be competitive bidding for an afterschool care program. They've been therefor quite a number of years and they're not addressing our neighborhood. The park -- we have three streets in District 5, the northern end ofAllapattah. That's 37th, 38th, and 39th Street, which encompasses the park. We've worked very, very hard at that park over the years. This Commissioner has excluded us, has not included us in anything, has not invited us to anything. She had two charettes on building the community center there, and I had -- when I came back to the board, I had to request the $2 million to continue the project, which is going on now. FOCAL has been there since her inception. It's her non -for-profit. Even the Parks manager is a member of FOCAL. I'm questioning whether he's working for the City or he's working for FOCAL. None of the children in my particular neighborhood are in that program, have benefited from that program. Whenever our association wants use of the facility, we have to always acquiesce to the children, which I found out are children of the Commissioner and the other people on that board. The people on that board do not reside in Allapattah proper. And all we're asking for is an RFD [sic] so there will be competitive bidding for the next afterschool care program -- the next afterschool program, and that it's not automatically given to FOCAL. Thank you. David Chiverton: Good morning, Mr. Chairman. David Chiverton. I'm the founder/president of FOCAL. My home address is 946 Northwest 46th Street, which is about ten blocks away. The program has been there since 2000. City ofMiami Page 18 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Spence -Jones: Before me, right? Mr. Chiverton: Before Commissioner -- long before Commissioner Spence -Jones -- Commissioner Suarez: Before you were born or before what? Commissioner Spence -Jones: Yes, before I was born. Mr. Chiverton: It was there since 2000. We have a very diverse group of children that attend there. It's been recognized by the state of Florida, the National Council of Negro Women. The resources that you provide, we're truly appreciative of it. We've gotten some and experienced some cuts, but we still bring an additional couple hundred dollars to enhance the program there. We started a program in 2000 with about 18 children; now it's about 80 children that are serviced They do come from areas throughout the City, most of which live in the immediate area between district -- the immediate areas around there. All of the schools participate. We have community partnerships. We don't --we're a partner. We don't manage the building. We're a partner of the program and of the children that come there, and they do provide the statistics to prove they're from low to moderate income. Commissioner Spence -Jones: Thankyou, David. Chair Sarnoff Thankyou. Commissioner Spence -Jones: So, Mr. Chairman, we had a motion and a second on the item. Chair Sarnoff We do. Commissioner Spence -Jones: I do want to just -- you know, when things are said in open places like this, it's extremely important that, you know, you clear the record. One was cleared up already. I think this was an initiative started by the late Commissioner Arthur Teele. I think this was during his time and tenure. Part of the reasons why we have partnerships like this and Tacolcy is 'cause, quite frankly, we don't have the finances to actually run these type of programs, so we leverage whatever support we can give to these projects with other organizations so that they could utilize their resources and grants to do the programs. So I don't want to get -- go back and forth. Obviously, there's something much more personal going on, and I'm not going to go there today. I am walking in the light and studying on -- mediating on the word hght'today, so I will not be in darkness today. So we thank you for all the wonderful work that you've done for not only the children in District 5, because it serves not only my district, but it also serves my fellow colleague's district, Willy Gort, on the side of me as well. Mr. Chiverton: Thankyou. Mr. Pascual: Yeah, ifI can add just for the record. As far as the Parks & Recreation Department is concerned, we do have many partner organizations and groups throughout our Park system that we collaborate with in order to expand those programs and services that we offer through the amenities and facilities that we have. FOCAL has been there since 2000. We partner with them. FOCAL does the educational piece of the programming. The Parks Department does the sports piece. We also have another partner there at that facility, which is the Greater Miami Tennis Foundation, which is now First Serve Miami. So we do partner and collaborate with various organizations in enhancing and providing additional services, and this is one of them. Chair Sarnoff All right. Commissioner Spence -Jones: Thankyou. City ofMiami Page 19 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Any further -- anybody -- further discussion on the dais? You have your four people on the dais. All in favor then, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SRA ORDINANCE Second Reading 13-00745 District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 35/ARTICLE VII, ENTITLED "MOTOR VEHICLES/ PRIVATE PARKING LOTS", David Sarnoff MORE PARTICULARLY BY ADDING NEW PARKING LOT REQUIREMENTS FOR LIGHTING, SIGNAGE, USES AND REVOCATIONS OF PERMITS AND ADDING NEW SECTIONS 35-288 THROUGH 35-291 TO CLARIFY ENFORCEMENT OF NON-COMPLIANT PARKING LOTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00745 Legislation (Version 2) SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item SR.1 was deferred to the November 21, 2013 Commission meeting. SR.2 ORDINANCE Second Reading 13-00773 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", MORE PARTICULARLY BY AMENDING SECTION 18-557 ENTITLED "LIVING WAGE", TO EXPAND THE TIME FRAME FORAPPLICATION OF THE LIVING WAGE TO CITY OF MIAMI EMPLOYEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00773 Summary Form SR.pdf 13-00773 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Noes: 1 - Commissioner(s) Suarez 13405 City ofMiami Page 20 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff We're now on to SR.2. Commissioner Spence -Jones: 'Cause SR.1 we're not dealing with, right? Chair Sarnoff Right. We voted to keep that off until November. Commissioner Spence -Jones: Okay Chair Sarnoff SR.2, Mr. Manager. Want me to handle it to [sic] you? This is an ordinance of the City Commission amending Chapter 18 of the -- Victoria -Vctoria Mendez (Deputy City Attorney): Your honor -- I mean, Mr. Chairman, normally, we read the -- Commissioner Suarez: You can call him "Your Honor. " He has no problem with that. Ms. Mendez: -- ordinance right before we pass it, so that's why we -- unless you want to read it now, but -- Chair Sarnoff No. I just wanted to move the agenda along. Commissioner Spence -Jones: Mr. Chairman, I have to say to you, that was a prophecy. Chair Sarnoff That was a pro -- what did she call -- I didn't hear what she called me. Commissioner Spence -Jones: She called you "Your Honor. Ms. Mendez: I said -- Chair Sarnoff Oh. Ms. Mendez: -- "Your Honor" instead of -- Commissioner Spence -Jones: Are you -- do you have -- Ms. Mendez: I was thinking of trial, that I've been in before and after. Commissioner Spence -Jones: So do you have an announcement for us today? Chair Sarnoff I don't, andl don't thinkl have the judicial temperament to be a judge. Let me just say that. Daniel J. Alfonso (Acting City Manager): All right, may -- Chair Sarnoff I'm just trying to move this along. Mr. Alfonso: Right. Chair Sarnoff That's all. Mr. Alfonso: Okay. Mr. Chairman, ifI may. The SR.2 is the ordinance that was passed on first reading to allow the Administration to move the living wage into the '14115 budget. Chair Sarnoff All right. Is there a motion? City ofMiami Page 21 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Carollo: So moved. Chair Sarnoff We have a motion by Commissioner Carollo. Is there a second? Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public -- Commissioner Spence -Jones: Okay, I just want to ask a quick question, 'cause my chief of staff just bringing it to my attention. The extension date is not in the current ordinance; is that true? Just want to make sure we're clear. And should it be? 'Cause I know that when we talked about it, it was 20141215 [sic]. Mr. Alfonso: That is correct. It should be there. It was on the first reading. Commissioner Spence -Jones: Let's just make sure, that's all. He just brought it to my attention, and I want to make sure we don't -- so if -- can we amend it on the floor if it's not? Ms. Mendez: Yes, absolutely, we can amend. I'm looking through the dates. I believe it's -- what happens is that it says that it's going to be extended for a nine-year period, so then it automatically makes it the date of 201512016, but if you want it to be clearer -- Commissioner Spence -Jones: Yes. Ms. Mendez: -- more clear, we could just place it in there. Mr. Alfonso: Twenty fourteenlfifteen. Commissioner Spence -Jones: Fourteenlfifteen. Mr. Alfonso: We will implement it in the 2014/15 fiscal year. Ms. Mendez: Twenty fourteenitwenty fifteen. So we will place that in the legislation as well before it's approved, instead of just saying nine-year period. Chair Sarnoff All right, let me open up a public hearing. Anybody wishing to be heard on SR. 2, SR. 2, please step up. Hearing none, seeing none, coming back to this Commission, any discussion? Hear --you're recognized for the -- Commissioner -- Commissioner Suarez: I'm just going to say briefly, I'm going to vote against it. I voted in favor of it on first reading on the basis that we were doing the 3 percent and we were doing it across the board. It's more of a symbolic vote, from my perspective, because I just think it's one of -- a couple of areas that we need to do a correction, and I think this is one of them, you know. I don't want to get into too much of the substance. IfI persuade my colleagues, they'll all vote against it and it'll cost the City about a million -two to implement. But, you know, I just -- you know, I have a lot of philosophical issues with this, andl kind of overcame them somewhat on first reading and voted in favor of it because of the 3 percent, but I just want to kind of stick to my philosophical issue on this and vote against it so. Chair Sarnoff All right. Anyone else? Commissioner Carollo: Yeah. Mr. Chairman. Chair Sarnoff You're recognized. City ofMiami Page 22 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Carollo: Yeah. I mean, we would all like to be able to pay more. The only thing is right now -- Commissioner Suarez: I'm voting against it. Commissioner Carollo: -- the reason why -- Commissioner Suarez: So -- Mr. Alfonso: Commissioners, ifI may. If we vote against it, we will have to pay more immediately. Commissioner Suarez: I'm voting against it today. Mr. Alfonso: No, I understand. I just want to make sure what it -- it's one of those things where Commissioner Spence -Jones: If you don't vote for it, we're going to have to do it anyway. Commissioner Suarez: Yeah. Mr. Alfonso: Okay. Commissioner Spence -Jones: You understand? Commissioner Suarez: I understand. I'm voting against it. I just want it to be clear. I didn't want to -- I could have just voted against it and then explained my vote afterwards, but -- Commissioner Spence -Jones: Okay, you're going to vote against it; it still happens. Commissioner Suarez: -- I decided to do it before, for whatever reasons. Maybe I should have just voted against it and then explained it afterwards. Commissioner Spence -Jones: You need to explain this so they really get it. Commissioner Suarez: But I'm voting against it so. Mr. Alfonso: I'm sorry, Commissioner. Say it again. Chair Sarnoff All right, tell you what, I'm just going to call the question. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on item SR.2. Commissioner Suarez? Commissioner Suarez: No. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. City ofMiami Page 23 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on second reading, 4-1, as amended. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FRA ORDINANCE First Reading 13-01090 District I - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Wifredo (Willy) Gort AMENDED, ENTITLED "BUILDINGS/CODE RELIEF PROGRAM", MORE PARTICULARLY BY AMENDING SECTION 10-70 TO EXTEND THE DEADLINE FOR THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01090 Back -Up Code Sec. 10-70 SR. pdf 13-01090 Legislation (Version 2) SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff RE (Resolution) -- where am I? So now I'm going to FR. 1. Peter Iglesias: Good morning, Commissioners. Peter Iglesias, Building director. FR.1 is an ordinance extending the Building Code Relief Program. I have looked at the current program at -- the current ordinance and how it's implemented by the Building Department and have no issue with the extension to August 1, 2015. Chair Sarnoff Mr. Iglesias, it's good to see you. You have still not grown a second head. Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second. Commissioner Spence -Jones: Second Chair Sarnoff Second by Commissioner Carollo. Commissioner Spence -Jones: Just a quick little discussion. I support this 100 percent, 'cause City ofMiami Page 24 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Lord knows, we need it, and I want to commend Commissioner Gort on that. Just -- I wanted to have -- I just had a quick question regarding the extension of the program. How do you do that when it's already expired? You just pick it up from the last date or how do you --? Mr. Iglesias: We -- what we're looking at is applying the code in effect when the structure was actually built, so it provides -- plus some enhancements, such as shutters and things like this. So I think it's a reasonable program to extend right now. Commissioner Spence -Jones: Right. I don't have a -- definitely want to extend it. I just want to make sure -- and I don't know if that's more of a legal question than anything else. Victoria Mendez (Deputy City Attorney): It's fine. It's the will of this Commission to extend the program -- Commissioner Spence -Jones: So we can go ahead and extend it. Ms. Mendez: -- so it is fine and did say it. Commissioner Spence -Jones: Okay, good. Chair Sarnoff All right. Ms. Mendez: We can just make sure that in the ordinance, if there's any question, reinstate and extend if there's any problem with that, and we'll amend that if the motion could state "as amended. " Commissioner Spence -Jones: Thankyou. Vice Chair Gort: Mr. Chairman, one of the reason I requested this originally was because, if you were aware, for many years, a lot of buildings were taking place without any licenses and there was -- throughout the City ofMiami, so this was one way to bring them back in compliance, and our goal is to bring people into compliance and improve our neighborhoods. Now, what happens in the past, we passed this, but people were not informed of it. People were not aware of it. So the -- it's important that we have the Code Enforcement individuals knowledgeable of this and what they can do and work with the Building Department to make sure went they come in violation of the code, they can tell the individual "This is one remedy that you have to take care of your violations. " Chair Sarnoff Okay Vice Chair Gort: But I want to make sure that some marketing takes place and that Code Enforcement is knowledgeable. Chair Sarnoff All right. Anyone else? All right, it is an ordinance. Public hearing. Anybody wishing to be heard on FR. 1, please step up. Hearing none, seeing none, coming back to this Commission, Madam City Attorney, it is an ordinance. Ms. Mendez: Thank you The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. City ofMiami Page 25 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Hannon: The ordinance passes on first reading, 5-0, as amended. Chair Sarnoff Okay. FR.2 ORDINANCE First Reading 13-01095 District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY", MORE PARTICULARLY BY ADDING A NEW SECTION 2-780 TO REQUIRE ALL PROSPECTIVE LEASES OR LEASE MODIFICATIONS OF CITY OF MIAMI OWNED PROPERTY TO CONTAIN LANGUAGE SPECIFICALLY PROHIBITING GAMBLING ACTIVITIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01095 Legislation FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff FR. 2. FR.2 is brought by me to express a prohibition, if you will, on City -owned property prospectively going forward; that we should not allow or enjoy or consider the use of City -owned property being used for gambling establishments. Commissioner Suarez: Move it. Chair Sarnoff A motion by Commissioner Suarez. Commissioner Spence -Jones: Discussion. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Okay. I just had a question, and again, I'm actually leaving in November, but my concern was when I asked about the various properties that would be affected, it would honestly be Virginia Key Beach -- I want to just be clear -- Scotty's, which I'm sure that's probably not a whole big issue because you have something in the Grove already, but also Melreese, which is -- would be in Commissioner Gort's district. I just want to fully understand what was the intention behind an ordinance like this? Andl guess it's really the Chairman that is asking -- I'd like for him to -- Chair Sarnoff Sure. Commissioner Spence -Jones: -- explain, you know, his decision to bring this ordinance. 1 thought that we would deal with this issue as a -- on a case-by-case basis, so I just want to understand why. Chair Sarnoff Well, presently -- Commissioner Spence -Jones: 'Cause once we vote on it, that's what it is, correct? City ofMiami Page 26 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff It is until you change the ordinance. Commissioner Spence -Jones: Okay. Chair Sarnoff But what it comes down to, as you all know, there's no gambling in the state of Florida, and that's something that the Florida Legislature would have to make a change. We don't control that. We don't govern that. But the thing that we do govern on a going forward basis -- 'cause I can't impair somebody's already contractual rights, but on a going forward basis, we can make a policy statement, and that is, how do we feel about placing gambling on City -own property? And you may -- I guess, arguably, you could be in favor of gambling but say, No, I don't want to see it done on City -own property. " You may just disfavor gambling, and that's okay too. I'm just saying, I think it's not a bad idea for us to make a policy statement on City -owned property, and it may need some more work. I'll candidly admit that I threw it up here for debate, as Commissioner Carollo would say. And if you want to rework it on second reading because you want to get better definitional boundaries or you want to come up with some better explanations, that's fine. I just thought it was good for us, from a policy standpoint, on a moving forward basis, to say, on City -owned property, we should not afford gambling rights. Commissioner Spence -Jones: And let me just say this. First of all, everybody up here knows my position on -- hopefully they know my position on gambling, so I haven't been a strong supporter of gambling, period I just wanted to make sure that, you know --as I leave and I transition out, I don't want to tie the hands of the next Commissioner coming in. So you have five other agreements and the majority of them really are in your district, D2, when quite -- you know, frankly, there are other districts that may want to have the choice or option, if that's the case. So I don't have a problem with passing it on first reading, but I do think we need to hammer it out, because I don't want to in any way to --you know, for it to be okay, now we have contractual agreements that allows for these five to do it, but it's very clear that in Melreese or, you know, on Virginia Key Beach, you know, if they wanted to have this as an option to create additional revenue to make sure the park is maintained, I just don't want them to be in a position that they can't make that choice or decision. And I do understand it's a ordinance change, but it just seems as though it should be something that is discussed further. But I will support it on the first reading, but I do think the language needs to be tightened up a bit. Chair Sarnoff That's -- and completely, candidly admit that brought it up here and l figured it would get talked about, re -talked about. I thought everybody here had a certain say-so on City -owned property. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. This is one of the items that I spoke to our new City Attorney in some depth, not as much as I would want. Usually, I would want a lot more depth, but, you know, given everything that's been going on, especially with the budget, you know, I -- we had an allotment of time to spend on this, and I asked about all the various different agreements that we have that it would not affect, and it seems like the majority of them already have language stipulating that there will be no gaming, and I believe some say unless it comes back to City Commission. So I want to ver -- andl think that goes to the point of Commissioner Spence -Jones, that she doesn't want to tie anyone's hands. So I think the intention is to have no gaming in any location, in any City location, City -owned -- Chair Sarnoff City -owned property. Commissioner Carollo: -- City -owned property. However, it could always comeback to City Commission for an approval or some type of, you know, contract -- help me out; you're the lawyer. How -- Chair Sarnoff You can't -- we're not impairing contracts already in place so -- that's called impairment of contract. It's against Florida constitution. On a moving forward basis, you can City ofMiami Page 27 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 make a policy statement, as you would now, that any further agreements in the City ofMiami would not be susceptible to gambling. That doesn't mean you can't change that ordinance. That doesn't -- but it is a policy -- you're making a statement on a moving forward basis on City -owned property. Commissioner Carollo: And then -- and going with that, I asked the City Attorney, "Well, can we make a policy like this and the State then allow gaming, will our ordinance still hold? " Chair Sarnoff Yes, for City -owned property, and then you'd have to -- you would have to then change the ordinance. Commissioner Spence -Jones: And that was my reason. And I said I don't have a problem with, you know, supporting it. But to me, I was trying to figure out then why don't we just deal with this when it comes? Because I don't want to be in a situation where someone else is sitting in this seat and I think that they --you guys should be able to have a clear discussion or debate about whether or not it should go one place or the other. And if there's no rush or hurry to do this, then I just didn't see it. But I'm supporting it, Mr. Chairman, on your first reading. I just -- when I start looking at all the areas, I was like well, you know -- Commissioner Carollo: Can I throw a hypothetical -- Chair Sarnoff Sure. Commissioner Carollo: -- and -- which could be a real scenario in the near future. Commissioner Suarez: I know where you're going. Commissioner Carollo: Of course, Genting. Let's say it's approved in the state right now, you know, certain areas, City -owned properties will not allow it. However, can then we either deny it or allow it? Commissioner Spence -Jones: Let's be clear. When you say -- 'cause --just put it all the way out there. Like Parrot Jungle, is that what you're talking about, that lana 'cause that's City -owned land? 'Cause that's where -- Commissioner Carollo: Yeah. Parrot Jungle has already -- it's my understanding, Parrot Jungle has already like language in the contract that does not allow gaming. I think Flagstone, the Hyatt, Bayside, Retail, Grove Harbor, Parrot Jungle, and INGMiami all have language in their agreements stipulating no gaming. Commissioner Spence -Jones: Well, then we need to be clear on the briefing, 'cause the briefing that I got was there were five locations that had -- that the properties are kind of grandfathered in, so I just want to be clear. It's Flagstone, Bayside, Hyatt, Parrot Jungle, and Grove Harbor. Commissioner Carollo: Right. But they have language stipulating that there will be no gaming there. Victoria Mendez (Deputy City Attorney): Let's -- Commissioner Spence -Jones: No. Mr. Torre: There's actually -- Ms. Mendez: -- go and -- City ofMiami Page 28 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Torre: Commissioner. Ms. Mendez: --clarify a few of the provisions. Chair Sarnoff All right, all right, all right. Henry, Mr. Torre, explain the contracts so that we're clear on those. Mr. Torre: Okay. For starters, there are eight current City leases that contain language pertaining to gambling. Those are Bayside, Grove Harbor, the Hyatt; ING, which is the Miami Tower; Parrot Jungle; Heliport; Flagstone; and Grove Bay Investments. They all contain language that pretty much state that gambling is not allowed. Should it become allowed then they have the right to come before the City Commission -- Chair Sarnoff Right. Mr. Torre: -- to receive approval to do that. Commissioner Spence -Jones: But -- Mr. Torre: There's two type of negotiations. On a couple of them, it says, "parties will agree amicably to a price. " Commissioner Spence -Jones: But that's actually going to my point. My point is, even -- the fact that these, first of all, five -- what this says to me, if these first five, you know -- when we pass this ordinance -- this is saying to me these eight that we have already, even though we understand they have to come back and it has to be voted upon if there's -- Mr. Torre: Correct. Commissioner Spence -Jones: -- going to be any changes, it's almost saying, okay, these are kind of grandfathered in to be able to have a further discussion, but these other four that we may be considering, Melreese or Virginia Key Beach, as other options, we want to shut that down before that even becomes an option, not to say that it still can't come in front of the Commission. I just didn't understand the motivation behind making it happen when, clearly -- let's say Parrot Jungle decides they're going down the gambling road -- route and they decide to do that. It still has to come in front of us -- Mr. Torre: Correct. Commissioner Spence -Jones: --for us to -- so I just didn't understand -- so hopefully, over the next week, I can get a greater understanding. I'm just very concerned about Virginia Key Beach, 'cause I know that is an issue, andl'm not going to say anything about Melreese, butt just think that we just need to -- I personally need to work on this ordinance to feel a lot more comfortable about it, but I will support the Chairman on it 'cause I understand the intentions; and because I'm not a big gambling supporter, you know, of course I'm going to say yes on this, but I do want to us to hammer it out. I just want a certain level of fairness in this process. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: In this ordinance, do you mind -- would you be amicable to putting language stating -- similar to our leases that we have signed stipulating unless they come back to City Commission for approval? City ofMiami Page 29 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Those leases are -- Commissioner Carollo: You know, because (UNINTELLIGIBLE) we're still denying it -- Chair Sarnoff Correct. Commissioner Carollo: -- but I think to the point that Commissioner Spence -Jones -- and by the way, you wanted debate, so I think this is -- Chair Sarnoff No. Vice Chair Gort: Yeah. Chair Sarnoff I -- I'm not -- Commissioner Carollo: You wanted the discussion. Vice Chair Gort: That's the idea. Chair Sarnoff Right. Commissioner Spence -Jones: (UNINTELLIGIBLE). Commissioner Carollo: To -- Commissioner Suarez: Be careful what you wish for. Commissioner Carollo: -- the point that -- what Commissioner Spence -Jones was saying, we could add language there; still prohibits it; However, they are allowed to come to City Commission to ask for approval. Chair Sarnoff And even without the language, that is a true statement, 'cause if you read this ordinance, it doesn't have retrospective application. But if you want to say, ` I want to be clearer, I want everybody to see the legislatively record, I want this to be the way it is, " that's fine. That's not a problem. I -- you cannot impair a person's already contracted rights. Impairment of contract. So you're right, retrospectively, you can't go backwards. You can go forwards and make a policy decision, and maybe your policy is, like I said I think gambling's okay, but I don't think it should be on City land; or you might be thinking, clearly don't approve of gambling in general, so I'd like to make a policy statement. And no one needs to make any statement, other than in the things that we control, we don't think it's appropriate to place it on there. But I'm going to go to Commissioner Suarez, who's been -- Commissioner Suarez: Thank you, Mr. Chair. Chair Sarnoff -- diligently standing up there -- Commissioner Suarez: Thank you. Chair Sarnoff -- wanting to say something. Commissioner Suarez: No. Andl thank my colleagues, 'cause they've been pretty deferential on the other issues, and I've spoken a little bit more on the other issues, so I thought this was a very straightforward ordinance, and I agree with the Chairman. I think it's an opportunity for us to express a policy preference on a matter that we control in a -- in the universe of matters where we have very little control. And I think -- you know, I wanted to address something that City ofMiami Page 30 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Carollo said, because I don't think your question was really answered fully, to be honest with you. Your question, I thought was: Could the State legislate and, in effect, pre-empt the City ofMiami from doing what we're doing here today? I think it could. I think it could I think the State could, personally. But I don't think it really matters, you know what I'm saying? 1 mean, at the end of the day, as the Chair would say and as you -- we all understand the difference between amending a contract -- coming back, like you said, with that question and amending a contract is a resolution vote, one vote; amending an ordinance is two votes. You know, it kind of goes back to -- I don't remember your ordinance on the letting -- allowing any one Commissioner to invoke the five-day rule, and we kind of said, the irony of it is that it only takes three Commissioners to undo that, so there's some quirks procedurally. I support it. I think we've been -- my opinion, as a Commission -- and I don't mean to characterize anyone's position here on gaming, but I think we're been pretty hard on -- pretty tough on gaming. We've outlawed, you know, illegal gaming in the City. We've been trying to crack down on illegal gaming in the City. And this is, as the Chair would say, just one other opportunity for the City to say, Look" -- we did something similar on billboards, if you recall. We didn't want speck messages to be on our billboards. I think alcohol -- there's nothing wrong with alcohol. It's a legal product, just like gaming is legal. I think it's legal in the State of Florida, actually. I kind of disagree a little bit with the Chair. I mean, it's legal in certain context in cer -- with certain groups, but that doesn't mean the City ofMiami, per se, has to say we want, you know -- And to your issue, I think of the speck example you used, that's a private company that has private land and, you know, we -- this is not affecting that. Commissioner Carollo: I understand that. However, if you remember, when Genting applied for the license, it was not just them; two or three -- Commissioner Suarez: Oh, yeah. Commissioner Carollo: -- other companies also wanted to apply, andl think the lobbyists of one of those companies was also the lobbyist of Flagstone and corporations that had City -owned leases, and I think it would have been a smart business idea for them to then want to have gambling at Flagstone and come back to the Commission. Or I'll go a step further. Remember at a time Flagstone wanted to sell or do some type of dealing, it -- and do an additional hotel with the additional land I think that was the same lobbyist. It would have been very smart if the State would have passed and given two or three licenses for them to acquire all that land, have a mega yacht marina where you have two or three hotels and then you have gaming and so on an so on. So that's why I'm addressing it. Even though Genting, itself, is private land there was a tie to public land, which the City happens to own that could have played a big part in it. Commissioner Spence -Jones: And my point and concern on it is just cornering -- trying to corner -- I don't -- if we're not going to do it, we should just not do it all across the board, you know, and that should be the statement, that's what it is, period I just did not like the idea of -- already, we're in contractual agreements on these, so it's almost kind of like, you know -- it's almost kind of like, okay, these -- even though I know it still has to come in front of the City Commission, these five or eight can be considered, but we're going to definitely close the door on the other ones, and l just felt like, you know, not allowing the district Commissioner sitting in this seat to be a part of this discussion -- and maybe this is for the next district Commissioner to sit in this seat and have this discussion. I'm not sure. But I am going to respect the Chairman's wishes on this and support it on the first reading, but t do want to let you know that I am going to ask for, you know, a greater understanding on, you know, the separation between the two. Chair Sarnoff Commissioner Gort. Vice Chair Gort: First reading, I'm going to support it also. I really don't see Melreese becoming a gambling place. I think it's a great golf facility in that community and it's doing a lot of the work in that community. But at the same time, you know, we talk about not gambling. We City ofMiami Page 31 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 have plenty of gambling in the City ofMiami right now. Commissioner Suarez: Of course. Vice Chair Gort: I don't want to see -- I'm not a gambler. I've never bet any money on anything. I learned that in the Army. Not -- don't gamble. You lose it all. And going to university, all the classes on the statistics were how many times can -- what are the odds of you getting an `A, " and the odds were 3, 000 to I and I million to 1. So I'm -- personally, I'm not a gambler, but I -- we have plenty of gambling here. We got ships going out of the Bayside all the time. We got the ships going out from other place. We got the two casinos already existing in the City ofMiami. . don't have any problem. And the reason I don't have any problem, if, in the future, somebody thinks they have a great idea for a facility that can produce money and revenue, reoccurring revenue for the City ofMiami, that's something the Commission to be here at that time will have to look at it and analyze it. So I personally don't have any problem. Chair Sarnoff All right. Let me open a public hearing. Anyone wishing to speak on FR.2, FR.2, please step. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I hate all this moralizing ordinance; Government telling you what to do and not to do. You have --all you forget about prohibition. What happened with prohibition? Do not drink? What happened? They broke the Mafia of the problem. And you know, you're going to enforce that. I going to bring, maybe the second reading, a lot of people from the Domino Park; that they gamble there when they play Dominos. I go, lucky, my station is federal. It's not City. People there, they gamble. They pool -- the football pool, the power pool. Go to the fire station and see how many football pools they got there every weekend okay. That's gambling too. That's gambling. Chair Sarnoff Which fire station? Mr. Cruz: What about the stockmarket? What about the stockmarket? That's not gambling too? But you gamble -- Chair Sarnoff I hope it's not. Mr. Cruz: -- when you play the market, the bull and all this to see you're going to make more money. Oh, come on. Everything is a gamble. You gamble your life. No. Me, I deal outside. use public transportation. I come here byMetrorail. I don'tpay taxes. I don'tpay. I enjoy my freedom here. Thankyou very much. Chair Sarnoff Thank you. All right. Vice Chair Gort: (UNINTELLIGIBLE). Chair Sarnoff Anybody else wishing to be heard on FR.2, FR.2? You're recognized. Mr. Cruz, thank you. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. I'd like to speak in support of Commissioner Sarnoffs first reading. As a member of the MSEA (Miami Sports & Exhibition Authority) Board, as a member of several other boards, we are under assault here in the City of Miami, assault from billboard companies, assault from gaming casinos, assault from every possible direction. "City -owned property" means we own this property. Citizens ofMiami own this property. We need the protections you can afford us. Thank you. Chair Sarnoff All right. Anyone else wishing to be heard on FR.2. It's first reading. Come back with more definitions. Comeback with more discussions. Madam City Attorney, it is, as City ofMiami Page 32 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 you call it, an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on item FR.2. Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes, on first reading. I just did that for these guys. Commissioner Suarez: Thank you. Mr. Hannon: The ordinance passes on first reading, 5-0. END OF ORDINANCES - FIRST READINGS RESOLUTIONS REA RESOLUTION 13-00912 DepartrnentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY FM ACQUISITION CORP., FOR THE 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 $16,250, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN THE LICENSE. 13-00912 Summary Form.pdf 13-00912 Legislation.pdf 13-00912 Exhibit 1 SUB.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0372 City ofMiami Page 33 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: We can do the Beasley -Reed one, if you want to, just to follow it up. Commissioner Carollo: No, I'm fine with that. I just -- when that was said, I needed to go and have -- Commissioner Suarez: Right. Commissioner Carollo: -- some time to review exactly what was said -- Commissioner Suarez: No, I agree. Commissioner Carollo: -- and made sure (UNINTELLIGIBLE) was there. Vice Chair Gort: (UNINTELLIGIBLE) RE.1 then? Commissioner Suarez: I'm with you. I'm with you. Commissioner Carollo: So that's what was doing. Vice Chair Gort: The -- it was two items. Chair Sarnoff No. He wanted -- you don't want to do Beasley right now. Commissioner Suarez: Yeah, we can just do it. Commissioner Carollo: Sure. Commissioner Suarez: Yeah, let's just do it. Chair Sarnoff You do? Commissioner Suarez: Might as well. Chair Sarnoff All right, so RE. 1. Henry Torre: Good morning, Commissioners. Henry Torre, director ofPublic Facilities. RE.1 is a resolution authorizing the City Manager to execute a revocable license agreement between the City ofMiami and Beasley-ReedAcquisitions [sic] Partnership for the use of 2.2 acres of City -owned property, located on Virginia Key, for a monthly use fee of $16,250, plus -- per month, plus a use tax. I must advise there was a scrivener's error. We need to change the resolution and the license. The licensee needs to change to Beasley FMAcquisition Corp, authorized to do business in the state ofFlorida. Chair Sarnoff All right. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Suarez: Mr. Chair. Chair Sarnoff And Commissioner Suarez is not going to second, but will be recognized nonetheless. Commissioner Suarez: Thank you. Yeah, I just -- similar -- I just wanted to make similar City ofMiami Page 34 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 modifications to the agreement, that it be terminable at will, instantly, versus 120 days, I believe is what the agreement calls for. And then I think you can have a provision in there that says they have a reasonable amount of time to get, you know, the equipment out, because I think a judge would do that anyways. I mean, a judge is not going to say, "You don't have a reasonable amount of time to get your equipment out. " I think there was one additional -- andl don't know where my chief of staff is, but there was one additional modification that had to do with the insertion of one word, which was -- I think it's fine the way it is. It was in Subsection 7, and it's just clarifying that the licensee will not claim any interest -- any estate or interest of any kind, whatsoever, including a -- I guess it was to put "including a revocable, "you know in the property by virtue of this license or its use of the property. And what we're trying to avoid is if they expend money, them having some sort of an equitable interest in -- you know, some sort of an equitable right, and that's what this paragraph is trying to avoid for the City. Victoria Mendez (Deputy City Attorney): So we can add, Commissioner, if you like, that there will be no vested right or no vested property right language. We can add that. And then the time period for which to take out the equipment, are you fine with the 120 days or did you want it to be shorter? Commissioner Suarez: I think it should just be a reasonable period of time. I think -- Mr. Torre: We can put --commercially reasonable is fine. Commissioner Suarez: Right. Mr. Torre: I'm fine with that. Ms. Mendez: Right. But since we don't know what that is -- Vice -Vce Chair Gort: Reasonable. Ms. Mendez: --I would just --I would caution that probably a 90 -day period is safe with getting permits and things of that nature, 90 days or less. Commissioner Suarez: It's to remove something. It's not -- you know, so I would just put "reasonable. " I mean, if a court later on can -- you know, if there's litigation that it results, a court can interpret what "reasonable" is. Ms. Mendez: Okay. Commissioner Suarez: I don't think it's a big deal. Mr. Torre: One other thing, Commissioner. I do want to make sure that once the license expires during this period that they're making arrangements to remove it that they still pay rent. Chair Sarnoff I think he meant to say "a license fee. " Mr. Torre: A license fee, yes. Commissioner Suarez: Okay. Yeah, and just -- and I'm sorry, 'cause my chief of staff just reminded me. Just to make sure that the expenditure of funds doesn't create what is otherwise -- what is now a revocable license into an irrevocable license. That's it. Ms. Mendez: Okay. So that's the specific language that you would like in that paragraph. Commissioner Suarez: Yes. City ofMiami Page 35 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Ms. Mendez: Okay. Commissioner Suarez: Yes. Thank you. Chair Sarnoff All right. Commissioner Suarez: So I second it on that, with those amendments. Chair Sarnoff And we have a second by Commissioner Suarez. Vice Chair Gort: I accept the amendment. Commissioner Suarez: Thank you. Chair Sarnoff All right, maker accepts. Any further discussion? All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.2 RESOLUTION 13-01047 District I - A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING Commissioner EFFORTS TO REDUCE GUN VIOLENCE AND ILLEGAL FIREARMS Wifredo (Willy) Gort TRAFFICKING THROUGH MORE RESPONSIBLE GUN SALES AND MARKETING PRACTICES; DIRECTING THE CITY MANAGER TO COORDINATE WITH THE CHIEF OF POLICE TO PARTNER WITH OTHER MUNICIPALITIES TO CREATE A COALITION IN SUPPORT OF THIS INITIATIVE AND TO WORK WITH GUN AND AMMUNITION SUPPLIERS TO ENCOURAGE THE CONSIDERATION OF SALES AND MARKETING SAFEGUARDS; DIRECTING THE CITY CLERK TO TRANSMIT COPY OF THIS RESOLUTION TO ALL SOUTH FLORIDA MUNICIPALITIES, THE FLORIDA LEAGUE OF CITIES, INC., ALL MEMBERS OF FLORIDA'S CONGRESSIONAL DELEGATION, AND TO THE OBAMA ADMINISTRATION. 13-01047 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0377 Chair Sarnoff RE. 2, Mr. Manager. Let's try to make some headway in the agenda, guys. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second Chair Sarnoff We have a motion by Commissioner -- City ofMiami Page 36 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Spence -Jones: But I don't know if he wants to put something on the record. Commissioner Suarez: Yeah, yeah. I'm just saying I move it. Vice Chair Gort: Well -- Commissioner Spence -Jones: Second Chair Sarnoff Motion by Commissioner Suarez; second by Commissioner Spence -Jones. Vice Chair Gort: You want to speak? Chair Sarnoff Real -- Commissioner Spence -Jones: Yes. Chair Sarnoff -- quickly on the record, Commissioner Gort, you're recognized. V ce Chair Gort: Well, I have Jorge Mursuli here that I think would like to speak on the issues. This is the --they represent Arm [sic] with Ethics, and the idea is try to get our people to talk to the dealers and arms and so on and try to do everything ethical [sic] and to make sure they comply with the ordinance and laws existing. Be very brief, please. Jorge Mursuli: In fact, I'm going to be so brief. I'm Jorge Mursuli. I've had -- Mr. Chairperson and Commissioners. Thank you for the time. I'm going to introduce -- I'm going to let Casey talk, who's spearheading it. Casey Woods: Hi, Mr. Chairman and Commissioners. My name is Casey Woods. I'm here on behalf of my nonprofitArms with Ethics. We -- I mean, this resolution is the first step towards a new strategy to combatting gun violence and gun trafficking. The premise is very simple, that local citizens in local communities can have an impact on gun violence by encouraging their gun vendors to implement certain best practices that prevent guns from falling into criminal hands. Research has shown these practices work. They have a measurable impact. We've already -- we're lucky to have great support from law enforcement in both Miami -Dade and Broward County governments. They -- we've -- resolutions have been passed in South Miami, Surfside, andMiami Beach, and we're in talks with nearly a dozen other governments to pass them later in the fall. And just in closing, this resolution is about gun violence, but it's also about leadership. This -- we want South Florida to be the first region that takes steps to band together on this new strategy. So by passing this, Miami would be taking a leadership role in an initiative that I think has the potential to revolutionize the way communities participate in the fight against gun violence. Thankyou. V ce Chair Gort: I'd like to amend it. I'd like to include in it the --this is going to go to the different individuals that we're ask them to go to, but we also -- I want it to go to -- the resolution, to the Miami -Dade County League of Cities. Commissioner Spence -Jones: So you want to--? Vice Chair Gort: It's in addition to the -- Commissioner Spence -Jones: Do you need --? Chair Sarnoff Maker accept the amendment? City ofMiami Page 37 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: Yes, I do. Chair Sarnoff Maker accepts. Commissioner Suarez: I do make it. Chair Sarnoff There you go. Commissioner Suarez: I do accept. Chair Sarnoff All right. All in favor, please say "aye. " The Commission (Collectively): Aye. RE.3 RESOLUTION 13-00977 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 20, 2013, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-060, FROM THE BG GROUP LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE COCONUT GROVE CONVENTION CENTER DEMOLITION, B -30182A, IN THE AMOUNT OF $541,995, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $54,199.50, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $596,194.50; ALLOCATING FUNDS IN THE AMOUNT OF $596,194.50, FROM CAPITAL IMPROVEMENT PROJECT NO. B -30182A; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00977 Summary Form.pdf 13-00977 Legislation.pdf 13-00977 Exhibit 1.pdf Motion by Chair Sarnoff, 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-13-0378 Chair Sarnoff RE.3. MarkSpanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements. RE.3 is a contract award to the BG Group for the demolition of the Convention Center, the Coconut Grove Convention Center. This is part of the Coconut Grove Waterfront Master Plan Implementation. The contract is not to exceed $596,194. Chair Sarnoff I move this -- Vice - Vce Chair Gort: Okay. Chair Sarnoff --Mr. Chairman. Vice Chair Gort: It's been moved. City ofMiami Page 38 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: Second. Commissioner Spence -Jones: Second Vice Chair Gort: Is there a second? Discussion. Commissioner Spence -Jones: Timber. Vice Chair Gort: I have a question. Any discussion? Commissioner Spence -Jones: No, I have no question. Chair Sarnoff I don't need to say anything. Commissioner Spence -Jones: You sure? Chair Sarnoff Thank goodness. Vice Chair Gort: My understand -- Chair Sarnoff Thank God. Vice Chair Gort: -- the funding has been provided by the donation from the Chair Sarnoff This is the fund that came from the Burn Notice money that came from the easement money from Biscayne Yacht Club, from Coral Reef Yacht Club. I'm going to use a ballpark, about 2.1, $2.2 million. Andl've got to tell you, Mr. Spanioli, or Procurement did a great job, because if guys would like to factor in: The number -one bidder is $541,995; the number -two bidder, $1.35 million; the number -three bidder, $1.367 million, so -- Commissioner Suarez: Let's hope there wasn't a mistake. Chair Sarnoff Yeah, exactly. But great job. Vice Chair Gort: Okay. Arty further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Mr. Spanioli: Thankyou. Chair Sarnoff Okay, thank you. Commissioner Suarez: No change orders. Commissioner Spence -Jones: RE.4. Commissioner Suarez: No change orders. Chair Sarnoff I know, right. All right, R -- on a demolition, it's pretty tough, by the way. Commissioner Suarez: What's that? Chair Sarnoff On a demolition, it's pretty tough. City ofMiami Page 39 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: That's true, yeah. Chair Sarnoff RE (Resolution) -- Commissioner Suarez: Don't put it past -- Chair Sarnoff That's true. REA RESOLUTION 13-00955 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT, AN AERIAL EASEMENTAND A SUBSURFACE AND MAINTENANCE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), ALONG THE CITY OF MIAMI RIGHT OF WAY KNOWN AS SOUTHEAST 6TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH THE SPECIALAREA PLAN AND DEVELOPMENT AGREEMENT ENTERED INTO ON OCTOBER 19, 2011, WITH SWIRE PROPERTIES, INC. ("SWIRE") FOR THE BRICKELL CITICENTRE PROJECT, WITH SWIRE CONTRIBUTING $536,310.00 TOWARDS THE LANE CLOSURE FUND AND $771,544,65 TOWARDS FUTURE CAPITAL EXPENDITURES, FOR ATOTAL CONTRIBUTION NOT TO EXCEED $1,307,854.65; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ALLACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENTS, AS STATED HEREIN. 13-00955 Summary Form.pdf 13-00955 Legislation (Version 3).pdf 13-00955 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item RE.4 was deferred to the October 10, 2013 Commission meeting. RE.5 RESOLUTION 13-00996 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $350,000, AS STATED HEREIN, TO AN EXISTING SPECIAL REVENUE PROJECT ENTITLED "2012-2013 HOMELESS HOTEL/ MOTEL PLACEMENT PROGRAM, FEEDING COORDINATION PROGRAM AND HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") STAFFING", CONSISTING OFAN EXTENSION OFAN EXISTING GRANTAWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST TO CONTINUE PROVIDING HOTEL/MOTEL ACCOMMODATIONS TO HOMELESS FAMILIES, STAFFING FOR HMIS AND FEEDING PROGRAM COORDINATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE City ofMiami Page 40 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 SUBSEQUENT AMENDMENTS AS NEEDED TO THE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE EXTENSION OF THE AGREEMENTAND THE ACCEPTANCE OF SAID GRANT. 13-00996 Summary Form.pdf 13-00996 Letter - Homeless Trust. pdf 13-00996 Legislation.pdf 13-00996 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, 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-13-0379 Chair Sarnoff RE.4 we have deferred, I think. Commissioner Spence -Jones: Yes. Chair Sarnoff RE. 5, homeless -- RE. 5 is the homeless hotel. Sergio Torres: Good afternoon, Commissioners. Sergio Torres, City ofMiami Homeless Program administrator. RE.5 is a resolution amending the original hotel/motel contract that we have for 201212013. Unfortunately, we ran out of funds for that activity, andMiami-Dade County Homeless Trust Society an additional funding. Commissioner Spence -Jones: So move. Commissioner Suarez: Second for discussion, brief discussion. Chair Sarnoff You're recognized. Commissioner Suarez: I just want to say that I've been to the hotels during Christmastime, and I think it's -- I think every Commissioner here and every elected official and even members of the staff should go and see it, because just like what we were talking about with the TGK (Turner Guilford Knight), you know, there's a lot of families in this community that are homeless, and it's something that doesn't always rise to the level of our consciousness, unfortunately, and I think we're very blessed. We have a lot of blessings, but not everyone does, as well. So it's interesting to see how other people in our City live. Mr. Torres: And the problem doesn't seem to get any better. We have seen more families come. Commissioner Suarez: Free. Mr. Torres: Very sad Chair Sarnoff You're recognized, Commissioner Gort. Vice Chair Gort: I want you to know, at the -- we have a lot of people out there that want to feed the homeless and they want to do something for the homeless. I've been working with them, and we're going to come up with a program that's going to call Mentor the Homeless. Instead of just feeding them, go with him, take him to a lot of -- It's about four different facilities where you can take in homeless. They all do a medical analysis on him. They'll give him an opportunity to take City ofMiami Page 41 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 a bath, give him clothes, and try to incorporate him in society. If they don't want to stay, they don't have to stay, but at least all these people that want to help the homeless, this is going to be an opportunity to be a mentor to a homeless. Commissioner Spence -Jones: Andl just want to add 'cause I -- all the other items -- all the additional items on the homeless issue, we all -- I'm assuming we're all in support of. But the one question I did ask of the Administration is, you know, what is the next step after you get them housed? Because what seems to happen is, you know, families fall on hard times or individuals fall on hard times. They stay for however amount of time. The question becomes: What is the plan in between while they're there staying -- what is the plan? You're transitioning them into another space or what is the --? Are they receiving social --? I mean, what is --? I mean, I know we have the money to get them off the street and get them in the hotel, but how do we stop or prevent them from coming back in the system again? Mr. Torres: Yes. We start working with families the first minute they call our office asking for assistance. There are a few programs in the county that address the family issues. There's one called Prevention. Instead of waiting for the family to become homeless, actually they help the family before becoming homeless. That program is being handled by Camillus House. Commissioner Spence -Jones: No, Pin just saying -- well, I'm talking about -- Mr. Torres: Okay. Commissioner Spence -Jones: -- these particular home (UNINTELLIGIBLE). Mr. Torres: Once -- Commissioner Spence -Jones: When we put them in a hotel, what's the next step for, you know, the homeless person? What are we doing? Mr. Torres: Once we put them in the hotel, they've being assessed I mean -- Commissioner Spence -Jones: Okay. Mr. Torres: -- we do an assessment on them, and we qualify them for the services that might be available. Commissioner Spence -Jones: Okay. Mr. Torres: Basically, there's three ways in going permanent housing after you move to one of the hotel. Either it's HAND -- "HAND" stand for "Housing Assistance Network ofDade, " which is rental assistance. The other program is called Access. Access provide 60 percent. You got to provide 40 percent matching funds. Sixty percent for a moving cost to a new apartment. They also provide furniture. They also provide utilities. But like I said it's only 60 percent. You got to come up with the 40 percent. And the other program is only -- it will be semi -subsidize -- or subsidize permanent housing, which will be Carrfour. Of course, the processing time for this all the Carrfour -- Commissioner Spence -Jones: That's the thing.. Mr. Torres: -- Carrfour, yeah. The processing time for all this program is a lengthy one, so we can't afford to have all the families waiting in the hotel, so we do an assessment first meeting. We engage the family, then we refer to the program that they qualify and the process starts on. Commissioner Spence -Jones: But, I mean, I would like to -- I'm really interested in at least City ofMiami Page 42 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 getting some sort of analysis on how marry families are actually served and how many families are actually placed after that. I'm just telling you, I know for a fact that there's many families or individuals that have gone through our system and then six months later, they're back coming through the same system. So with all these abandoned buildings, I know at least in my district -- andl think we're going to deal with some additional projects that we're working on today -- but, you know, we should be, you know, gut -- rehabbing some of these buildings and at least providing people within a year opportunity to stay somewhere. Andl know -- Marc, I don't know what finally happened on your item on the -- this is this homeless issue again, you know, where you set aside -- I think it was like 250 or -- I'm not sure the dollar amount, but -- I don't remember what it was, but it was towards the homelessness issue and housing, and you were going to buy the beds in Camillus. Chair Sarnoff Right. Commissioner Spence -Jones: I thinkyou ended up getting it to the County; is that how it worked out in the end? Chair Sarnoff It was $240, 000. It was to go to the Homeless Trust, which is where you can, theoretically, get a competitive bid We wanted to buy Pottinger beds, Commissioner Spence -Jones. Pottinger beds are beds that do not come with a criteria, such as you have to have treatment, you have to go through a drug rehab, you have to go through alcohol rehab, because that's what Pottinger says; you can't force that on the person. Unfortunately, the Trust doesn't believe in Pottinger beds. Commissioner Spence -Jones: Yeah. Chair Sarnoff They want treatment beds. And it's a Catch-22, because we can't -- we will be seen as being villainous, if you will, or bad people because we don't provide a bed, because the Homeless Trust wants to have -- they call them emergency beds. An emergency bed, for you and I to know up here, means a bed that has associated treatment. Commissioner Spence -Jones: Right. Chair Sarnoff And they're not wrong. That's a good outcome. But Pottinger prevents us from requiring a prospective client to -- a homeless person is what really I should say --for a homeless person to go to a center with treatment requirements. We can't do that We can't even require that. So it's a Catch-22. You know, we tried to negotiate with them. We've been negotiating with the Homeless Trust for the past two weeks. I haven't come back to this Commission yet because there was one last round of negotiation where they said, "We'll just buy beds with your money. " But if we're going to buy beds with our money and not appropriate their money, maybe we're better suited to do it on our own and not go through them, 'cause we need Pottinger beds. We need beds without any requirement for treatment, you know, no religious requirement, no drug and alcohol requirement. Commissioner Spence -Jones: Just getting -- Chair Sarnoff And, really, the term is "a Pottinger -eligible bed " Commissioner Spence -Jones: -- people off the streets, period. Chair Sarnoff And as you know, the Mayor of Miami -Dade County, Mayor Gimenez, said that his instruction to the Trust that he wants 350 Pottinger -eligible beds now, and the Trust has not followed that instruction. And I know Danny Alfonso, the acting City Manager, and the Mayor Of our City, Mayor Tomas Regalado, are going to the meeting tomorrow, and that's where we are. I understand that best practices are treatment programs. City ofMiami Page 43 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Spence -Jones: Yeah. Chair Sarnoff We can't employ best practices in the City ofMiami because of a 1988 settlement known as Pottinger. So we are seeking a modification. Commissioner Spence -Jones: Okay. Chair Sarnoff We're bringing this to Judge Moreno's attention. He has an October 7 hearing date, and I had hoped that I could have reported to everyone, you know, we have 100 Pottinger beds. We have not been able to bridge that gap between -- the Homeless Trust is saying, `All right, we'll buy 15 beds for you, but our beds, the other 85, they're not going to be Pottinger eligible and they're not even going to be in the City ofMiami, " which is like, whoa, that's quite a difference of what we were talking about. And you've seen a little bit -- it's politics to some degree, it's bad feelings and it's -- it's politics, it's politics. And sometimes, to make movement -- Vice - Vce Chair Gort: It's my turf. Chair Sarnoff --you simply have to -- Look, some of my best friends didn't start out my best friends. Ron has his theory, has his way. I'm not sure it's compatible with our Pottinger movement. I can just tell you this: I know you trust Jay Solowsky. Commissioner Spence -Jones: Yeah. Chair Sarnoff We meet three times a week on this issue, and we are trying the best we can to employ practices that comport with Pottinger. And the way we see it, Commissioner Spence -Jones, I would rather see a person -- We have 300 -- let's just use a number -- 350 downtown people, 560, 580 total City ofMiami homeless. By the way, only our numbers went up. City ofMiami Beach, down; City ofAventura, down; Miami, City ofMiami, up. Commissioner Spence -Jones: Up. Chair Sarnoff And way up; 40 percent increase. Commissioner Spence -Jones: Oh, because they're coming to us now. Chair Sarnoff I don't know. I don't --that's a conclusion you're reaching. All could tell you is our numbers are up, and they've been up since January, every month. Vice Chair Gort: Right. Chair Sarnoff So chronic homelessness is actually getting worse, not better. Commissioner Spence -Jones: And that's the reason why I'm saying I'm seeing these grants, I'm seeing these dollars, and, you know, if we have buildings that we own, mind you, we can take the money to gut, rehab our own buildings, right? And ifI have, for instance, a 30 -unit apartment building, why not put a family in a two-bedroom apartment instead of having the building boarded up? At least we know that you can transition them out of a hotel to at least stay for nine months until they can get on their feet. And l just -- I'm just telling you, I've had families in the same cycle over and over again, and it's because they haven't been able to fully get on their feet. So I just want to make the recommendation, you know, again for the next Administration, you know, from my side, it's really important that we start looking at ways to work with the green shirts and with the homeless program, 'cause right now, it just feels like -- honestly, it feels like a warehousing thing, you know, like a cattle thing; they coming in, coming out, coming in, coming -- and it's not your fault. You're doing what you can, because you don't have really anywhere City ofMiami Page 44 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 else to send them. You have to depend on outside agencies saying, `7 have rooms, " or `7 have, " you know, "apartments or whatever available, " correct? Mr. Torres: Yes, that's correct. Commissioner Spence -Jones: So I just think we really need to look at it from a long term. So anyway, that was my soapbox. Chair Sarnoff And -- Vice - Vce Chair Gort: Agree Chair Sarnoff Go ahead Commissioner. Vice Chair Gort: No, I think there's a solution; we got to look for it, because when they move from any other city and when moving from one neighborhood and goes to another neighborhood -- I mean, we're moving out of downtown, they come to us, we move them out of our area, and it goes to another place. So we got to find a solution for this. Commissioner Spence -Jones: Yes. Vice Chair Gort: I mean, that's why the Trust was created, and that's why I want to talk to -- a lot of these people, they do the feeding, mentor them, adopt one, take them to those facilities where we don't have to force them and let them get the treatment, let them get the assessment and see how they can help them. Commissioner Spence -Jones: And even redirecting them. I mean, and I have a lot of the churches from my district that go -- and I'm supportive, 'cause I understand it's a ministry for them, but I really try to encourage them to look at other ways for us to assist, because I believe that they could really -- since they have the heart and the passion to want to do something great, I just don't know if there's been a real outreach to kind of direct them in how they need to do it. I see Curley's House here. Maybe that's something you can help them with, but it's a lot of churches feeding on the streets. Vice Chair Gort: Yes. Chair Sarnoff Oh, yeah. Commissioner Spence -Jones: And what happens is when they feed then it's like the stuff is all over the place. Andl'm sure that's probably what you've been complaining about. But my point is I would like to see the Administration maybe perhaps work along with these groups to --when you -- when we see these people outside feeding, maybe they need to be a part of some sort of coalition or something. It's -- 'cause you're not really helping them. You're just feeding them for the day. Mr. Torres: Commissioner, we do have a program that's called Indoors Meal Program, and there is a person assigned to deal with those people. We go out there and we talk to them. We started the program back in 2006 We were successful with about 52 churches that we moved into indoor sites. Commissioner Spence -Jones: Okay. Mr. Torres: One was Mount Zion, Trinity Church, Camillus House, andMiami Rescue Mission. Commissioner Spence -Jones: Yeah, but it's not about just -- I guess my thought is I just want us City ofMiami Page 45 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 to have a little vision and think outside of the box. I mean, it's great. Now that you have the coalition, it's great, but the churches have resources. I mean, they, themselves have properties. Let's figure out a way to move it from just giving them a sandwich and something to drink to really getting this -- helping this person get back on their feet. Mr. Torres: Absolutely. Commissioner Spence -Jones: It's just a suggestion. That's -- 'cause if not, it's the same people. Mr. Torres: I'm in the front line and I will grab whatever it is about -- out there to alleviate the situation. Vice Chair Gort: Okay, move it. Chair Sarnoff Yeah, I think we have -- it's RE. 5, and we have a motion and we have a second. All in favor then -- sorry, Commissioner, I didn't see you. Do you want to say anything? All in favor, please say aye. The Commission (Collectively): Aye. REA RESOLUTION 13-01067 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2013-2014 MIAMI HOMELESS ASSISTANCE PROGRAM (HAP)," AND ACCEPTING AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $255,853, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), FOR A TWELVE (12) MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENTAND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY; ALLOCATING THE CITY OF MIAMI'S ("CITY") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $63,963, FROM THE CITY'S EMERGENCY SHELTER GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF THE GRANTAWARD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE TRUST'S FUTURE ALLOCATION AND THE CITY'S APPROPRIATION OF FUNDS. 13-01067 Summary Form.pdf 13-01067 Legislation.pdf 13-01067 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0380 City ofMiami Page 46 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Okay, RE. 6. Sergio Torres (Homeless Assistance Program Administrator): RE. 6 is a resolution accepting a contract. These are -- this is federal grant, HUD (Housing and Urban Development) money through the Miami -Dade County Homeless Trust to serve the City of Miami. These funds are specifically for staff salary to provide outreach to the homeless. Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Suarez. I have a question for you, Sergio. Of all the HUD money that the Homeless Trust takes, what percentage of that is attributed to the demographic associated in whole with the City ofMiami? And if you don't have that answer for me now, I'd like you to get that answer. Mr. Torres: I can provide basic answer to that. Outreach is in the City ofMiami, is just RE.6 that you just approved in terms of outreach. However, you have to look at they purchase all the beds that we work with and -- Chair Sarnoff Do you understand my question? I don't think you do. My question is: Of all the HUD dollars that goes to the Homeless Trust, using strictly the City ofMiami as the demographic associated with those HUD dollars, what is the volume of dollars that goes to the Homeless Trust, solely on the City ofMiami demographic and geographic? Mr. Torres: Two hundred and fifty -thousand eight hundred and fifty-three dollars. Chair Sarnoff Sure about that? Vice Chair Gort: Why don't you let George answer? Mr. Torres: It's the resolution that you just passed. Chair Sarnoff I think you're way off, but I'll let George Mensah -- Daniel J. Alfonso (Acting City Manager): No. Commissioner, we'll get the information. I don't think he's quite understanding the question. Chair Sarnoff Yeah, I hope he isn't. Mr. Alfonso: He's referring to this item specifically. Chair Sarnoff No, I -- but my question is broader. I'm also going to ask you another question, Mr. Mensah: Solely, exclusively to the food and beverage tax, what percentage or what volume of dollars -- and if you'd like to tell me the percentage, that'd great as well -- but what volume of dollars goes to the Homeless Trust merely associated with vending services, associated solely and exclusively with the City ofMiami? George Mensah: George Mensah, director of Community Development. Commissioner, this is information that we will have to get from the Homeless Trust. So we'll get it -- Chair Sarnoff Or instead of getting it from them, couldl askyou to get it directly from the source? Mr. Mensah: Yes. City ofMiami Page 47 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff They are not the source. Mr. Mensah: I'll work with them, yes. Mr. Alfonso: We will work with the county and maybe the state to see if they have distributions. Chair Sarnoff I just -- and I don't want to go through the Trust, and there's a reason I don't want to go through the Trust. Mr. Alfonso: I understand, Commissioner. Chair Sarnoff Okay, and that's fine. Mr. Alfonso, I didn't expect anybody to have an answer. just thought l'd put it on the record. All right, so RE. 6, we have a -- do we have a motion and a second? Vice Chair Gort: Yes, I did. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.7 RESOLUTION 13-01068 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2013-2014 MIAMI -METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $141,433, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), FOR A TWELVE (12) MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENTAND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY ALLOCATING THE CITY OF MIAMI'S ("CITY") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $35,358, FROM THE MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.513000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF THE GRANT AWARD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE TRUST'S FUTURE ALLOCATION AND THE CITY'S APPROPRIATION OF FUNDS. 13-01068 Summary Form.pdf 13-01068 2012 Continuum of Care Prgm. Grant Agrmt.pdf 13-01068 Legislation.pdf 13-01068 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 48 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0381 Chair Sarnoff Okay, RE. 7. Sergio Torres (Homeless Assistance Program Administrator): RE.7 is pretty much the same contract, except the geographical area. It covers the county areas south of Kendal Drive. It's a different amount of money; $141, 000. Chair Sarnoff Okay, is there a motion? Vice Chair Gort: Move it. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Gort; second by Commissioner Suarez. Any discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. RE.8 RESOLUTION 13-01069 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2013-2014 MIAMI -METRO HOMELESS ASSISTANCE PROGRAM -NORTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $298,234, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), FOR ATWELVE (12) MONTH PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; ALLOCATING THE CITY OF MIAMI ("CITY") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $74,558, FROM THE CITY'S 2013 MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.513000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANTAWARD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, WITH THE APPROPRIATION OF FUNDS SUBJECT TO FUTURE ALLOCATION BY THE TRUST. 13-01069 Summary Form.pdf 13-01069 2012 Continuum of Care Prgm. GrantAgrmt..pdf 13-01069 Legislation.pdf 13-01069 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones City ofMiami Page 49 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 R-13-0382 Chair Sarnoff RE.8. Sergio Torres (Homeless Assistance Program Administrator): RE.8 is basically the same contract, different geographic area, just to cover up of Kendall Drive to Broward County line; $298,000. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. 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. RE.9 RESOLUTION 13-01112 District S- A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE CHARLES Commissioner HADLEY PARK BLACK BOX THEATER AS "THE ARTHUR E. TEELE JR. Michelle BLACK BOX THEATER " IN HONOR OF THE LATE CITY OF MIAMI Spence -Jones COMMISSIONER ARTHUR E. TEELE JR; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE NAMING OF THIS FACILITY. 13-01112 Legislation.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-13-0383 Chair Sarnoff All right, I think we had a time certain, Commissioner Spence -Jones, RE. 9. I apologize; it's not exactly when you wanted it. Commissioner Spence -Jones: No, no problem. First of all, I want to acknowledge -- we're doing RE. 9, which is the naming of the Charles Hadley Black Box Theater as the Commissioner -- as the Arthur E. Teele, Jr. Black Box Theater, in honor of the late City ofMiami Commissioner Arthur E. Teele. This resolution would direct the City Manager to take all administrative actions to make sure that that facility's actually named. I just wanted to say this. As I -- my last 60 days in office, there were certain promises that were made during my eight-year tenure or six-year tenure, promises that I wanted to make sure that I kept to the community. And you'll be seeing, over the next couple of Commission meetings, me bringing items, because I think it's important that once you give you word, you try your best to do that. I sit and stand on the shoulders of the Commissioner, Commissioner Arthur Teele, and I do want to say this, and I'm going to let Commissioner Gort, as our senior Commissioner, say something on this. But l just tell you, man, it's -- as a young person that has stepped in these shoes to full all of these things that he started has been an amazing ride for me. I know that my mission and purpose was to be placed there to complete the assignments that he started, many things from the -- in Little Haiti. This is the City ofMiami Page 50 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 impact he's had with the Cultural Center and Soccer Park. To all of the upgrades at Hadley and the things that have happened with Hadley Park itself. In Overtown, there would be no CRA (Community Redevelopment Agency) if it wasn't the Commissioner Arthur Teele, all of these things. He planted some very powerful, bountiful seeds in our community. And I have to say this. It's so important, you know, to acknowledge people and their good work. AndMs. Nichols did an awesome job with -- they had a wonderful event acknowledging him a few weeks back -- a month or so back. But I'm just going to say this. It's like when you're accused and people have ashamed you and taken you through all kinds of stuff, it's not just the individual that's affected by it, but it's their family members and the people around them that are affected as well. But to go through all that, to be accused and ashamed and on -- in such a public level and then to be cleared, let's be clear, to be cleared is, to me, you know -- this has once been said and then I'm going to shut up after this, 'cause I don't want to get emotional on it. But, you know, after all these negative things had been said about you and you have gone out of your way to support and protect your community, where do you go to get your reputation back? People can say all kinds Of negative things, write all kinds of negative things, take you through the wringer, and say "sorry" in the end, but you still got that black cloud on you. So today -- over you -- I wanted to do something -publicly in the chambers, in the heart of the City ofMiami, to let everyone know not only here, but that sits on the Commission and watching this today, that we honor, we honor the late Arthur Teele, and we're going to make sure that, no matter what, his name will be on the building and that we will walk in that building and we will value the contributions that he's made. We don't care what anybody else has said about him. That doesn't matter to us. What we know is the truth, and we know that he worked hard for this community. So I am honored. It is a pleasure and a blessing to be able to do this today for the late Arthur Teele. I've asked -- I'm going to ask the friends and family to at least step up, andl'm going to first turn it over to Commissioner Gort 'cause he's the only person up here that actually served with him. Vice Chair Gort: Thank you for giving me the opportunity. Andl've known Teele even before I became a Commissioner. It's not only the City ofMiami but Miami -Dade County, all of the County owes a lot to Teele. When he was in Washington serving as assistant secretary of transportation, he's the one that made sure that we get funds in here to get the rapid transit that we have today and the transportation that we have today. He's a gentleman. I have to tell you, he's one of the smartest man [sic] that I've ever known. He was -- he's very sharp -- was very sharp. And every time somebody would come here, he will ask the questions of staff and the Administration, he knew the answers. He knew the answers, but he still ask the question to make sure he got the right answer. Commissioner Spence -Jones: Amen. Vice Chair Gort: And he'll build you all up as you give him the wrong answer, but then when he get you at the top, he'll cut you down and let you know that you are making a mistake. You don't do that. And to me -- then I had a chance to serve with him, but I think he was a gentleman. He really not only fought for his district, but he had a vision not only for this City as a whole; for the whole County and the whole City ofMiami. So it's for me an honor. I'll second the motion if it's a second or a third or whatever. Commissioner Spence -Jones: We had a motion -- Chair Sarnoff We have a -- Commissioner Spence -Jones: We have a -- Chair Sarnoff All right, we have a motion. We have a second. And what I'm going to do is open up a little public hearing. Commissioner Spence -Jones: Yes. And then I'm going to ask my fellow Commissioners to be City ofMiami Page 51 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 respectful and come out and we vote as a body, because until you go through a trial, until you go through afire, you're going to want the same kind of respect, for people to be there and support you, especially in the end, if you were cleared of something that you know you did not do. So Pm hoping that all of us vote on this issue. It should not just be three Commissioners. It should be all five of us voting on this issue. Chair Sarnoff So let me, in the interim, first have Dr. Dorothy Mindingall come up first from -- School Board member and address this Commission. Doctor. Dorothy Bendross Mindingall: Thankyou, Mr. Chair. IfI can at this time yield to Ms. Nichols, Florene Nichols, if that's appropriate. If that's in proper order, I'd like to do that, and maybe I can speak after her. I would prefer that. Chair Sarnoff That's fine. Ms. Bendross Mindingall: Thankyou. Florene Nichols: Good morning, Commissioners. And thank you so very much for taking time to honor our dear friend the late Commissioner Arthur Teele. Commissioner Spence -Jones, you're doing a wonderful job. Commissioner Spence -Jones: Thankyou. Ms. Nichols: You made a promise and you kept it. Mr. Schriever [sic] made a promise and he kept it. Commissioner Gort, I've seen you with Commissioner Teele so many times. I saw you at the Trauma Center. You were there the last minutes. I appreciate that also. Mrs. Teele is not able to be here. She's in the Bahamas. She did not know. She's on her way back. Her plane has not landed But she told me to tell everyone thank you so very much for honoring her husband. Commissioner Teele was a genius. He was brilliant. He sat right there, and he did let everybody go through whatever they wanted to go through, but when he took those glasses and put them on his forehead and took the paper this close to his face, you knew something brilliant was going to come out of his mouth. I want to thank him for the center. It's cross -generational. We have children as young as infants, two, three months old, through senior citizens in their 90s that frequent that center everyday. We have over 250 to 300 people daily. Those of you that can remember the park, it was then called Manor Park; lots of crime. But once that facility was put there, it changed the neighborhood, and that's very, very importance. I don't want to take much time. I just want to say thank you. I cannot wait for the official naming of the theater. I cannot wait until we get a brand-new podium that says, "The Arthur E. Teele Black Box Theater" on it. But one more request is going to come up, because you know I don't know how to stop. We must name the street "The Arthur E. Teele Boulevard" and make it a cultural center there. We need to start bringing in artists to come into the theater. We're going to need the community support to help us put funds into that center so that it is first-class for our community. Want to thank all of you very, very much. And, Commissioner, I really love you. You're wonderful. You're doing a great job. Commissioner Spence -Jones: Thankyou. Ms. Nichols: You're welcome. Chair Sarnoff Thankyou. All right, Dr. Mindingall. Ms. Bendross Mindingall: Thankyou again, Mr. Chair. Andl wish all of the Commissioners were here. This is just so very important. If they could come out -- I can't make them. I'm on the School Board, not the City Commission, but I would hope that they would come out, because this is a part of a history of the people who signed their names on the very same papers as others City ofMiami Page 52 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 signed their names. And I should digress for a moment and let you know that the very place that we're talking about honoring and naming Commissioner Teele is the place where I lived when I was three years old and was evicted when I was three years old, and moved to Liberty Square. The history of the people to whom we say we want to serve and take care of, I wonder how many Of us really believe in that. I did not want to make a long speech or dissertation, but you need to know for certain that this matters. We're in such great support of this that it would take years to explain to you why. Commissioner, my City Commissioner, I don't even live in the City, but I have half of my schools as a board member in the City, but I honor you, I salute you. I appreciate what you've done to get us this far. I know that heaven is happy, heaven is happy because we are this far. Quickly, I have a phobia like you wouldn't believe of flying, and l just got back from Ghana, West Africa, so you know I had to go there and then I had to come here. But to tell you why I mentioned that phobia is that l flew to Tallahassee for Commissioner Teele 's funeral, so you know I must have loved him. I would surely hope that someday, we will all recognize the "why" certain things happen and how we can work together to make sure that we don't denigrate, we don't berate, we don't have people go through this. He should be sitting somewhere right now making those grand decisions that he's known to have made. I do thank you, Mr. Chair. I thank all of you. And again, heaven is happy. God bless. Commissioner Spence -Jones: God bless. Chair Sarnoff Thank you. Elaine Black. Elaine Black: Good morning. My name is Elaine Black from the Liberty City Trust. On behalf of the Trust and its board members, we want to say a note of appreciation for Commissioner Arthur Teele. We were involved with his memorial service on July 27, 2013. Commissioner Teele was the person who actually created the Model City Trust, which is now the Liberty City Trust. And later on this morning, I'll be giving you an update on some of the things that we have accomplished in the Liberty City community, because his dream was to make Liberty City the best play to live, work, and do business. We support the naming of the Black Box Theater in honor of Commissioner Arthur E. Teele. Thank you. Chair Sarnoff Thank you. Thelma [sic] Campbell. Thema Campbell: Good morning. It's Thema Campbell. SoI want to say -- Chair Sarnoff I apologize. Ms. Campbell: That's okay. -- to Commissioner -- to Chair Sarnoff, Commissioner Gort, and especially to our district Commissioner, Michelle Spence -Jones, we are so honored that this day has finally come. Commissioner Teele meant so much to so many people in the district, and it was unfortunate how he left here, but t know that it was for a reason, and I believe it was to bring greater awareness to the people of the -- of our district and to the City and for something good to come out of it. And if it means that we get a street, a theater named in his honor to glorify and to magnify all of the things that Commissioner did while he was with us, then it is worth it. I want to say that Commissioner Teele was my Commissioner at the County and at the City. I used to sit in this chamber just to watch Commissioner Teele, how he did business. And let me tell you, not only was he a Commissioner, but he was also a mentor to a lot of people in this town, and I say that with the most highest respect, because he was a mentor to me. I am the woman that am; I am the CEO (Chief Executive Officer) that am right now because of Commissioner Teele, and there's thousands of people like me who you may not ever hear from, but just know that you are doing this town a great service by naming the Black Box Theater after the late Honorable Commissioner Arthur E. Teele. I thank you for giving me this time. And I thank you again, Commissioner Spence -Jones, for bringing this item and for having these two fine Commissioners here to support it. I echo Dr. Bendross'sentiments when she said "We wish all five Commissioners was sitting on this dais this morning to see the support and to hear what City ofMiami Page 53 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 we have to say, " but the show goes on. So thank you so much. Chair Sarnoff Thankyou. Barron Channer. Barron Channer: Thankyou, Chair. Thankyou, Commissioners. Appreciate the opportunity. Barron Channer, 1451 South Miami Avenue. I'm here to speak as someone who is a benefactor of the footprint that Commissioner Teele left on the City ofMiami. Oftentimes, we celebrate Miami, we think of the African-American presence in the involvement, in the history of the City, but we ignore the fact that in the personage of this gentleman, who I did not have the pleasure of knowing personally but as a young professional, paid attention to his involvement in downtown. His personage had a significant imprint on the modern downtown, period; Overtown as well as downtown; transit; the CRA infrastructure. And now, today, as a developer who is actively engaged in downtown Miami and, in particular, looking to make an imprint on Overtown, I stand to benefit from his wisdom and certainly the wisdom of his counterparts, yourself, Commissioner Gort, as you laid out the future of the City. And so I thought it was important for me, despite not having a personal relationship, to be here, to register my support for the effort led by Commissioner Spence -Jones -- and thank you for the leadership -- to honor this man, in my case a selfish reason, a black man of dignity but certainly a Miamian in a city that I embrace, who had such a solid imprint and laid the foundation for individuals like myself to aspire to be a part of downtown in days when we did not see marry folks representing us in this fabric. And so Barron Channer. I support this item. Thankyou, Commissioners. Thankyou, Commissioner Spence -Jones for the leadership, and thank you, Chair, for the opportunity. Chair Sarnoff Thankyou, Mr. Channer. Mr. Channer: Appreciate it. Commissioner Spence -Jones: Andl'm going to ask --I know that we have a couple other people. If we can just do a combined thing, because I know we have a time certain on a issue, andl know we've rolled Elaine over ten times already, soI just want to make sure. Can we do a combined thing in closing on that? Chair Sarnoff So everybody come up together? Commissioner Spence -Jones: Yeah, let's just do a combined thing. Ken Knight: Commissioners, giving honor to our Commissioner, Michelle Spence -Jones, also Commissioner Marc Sarnoff, the Chairman. We're here and I'm here personally on behalf of the African Heritage Cultural Arts Center, Mr. Marshall Davis. That center is 37 years old. It is the first. But you often hear the proverb, "Without vision, people perish. " But also, without vision, a city perishes too. Commissioner Gort, I was there when you were at the Black Box and when you were at the BlackBox in Liberty City, and you spoke about the importance ofMr. Teele to the Hispanic community as well and all the great things that he did for the Hispanic community; also the Mayor, he chimed in on how Mr. Teele took his wife to the hospital repeatedly when he couldn't get her to go. So this is something for the whole community, the whole City. And there again, we need that vision. Because let me also share with you this: Mr. Teele's vision was outstanding, remarkable. It didn't include the Hadley Park Black Box but also the African Heritage Cultural Arts Center, the Joseph Caleb Center, as well as Little Haiti. And his vision was to not only a have a cultural institution, but to also have a facility that reached out to the community and created jobs and gave young people the opportunity to express themselves, to actualize themselves, so his vision was absolutely prophetic and absolutely remarkable. I'm here with Eric Tompson; and particularly, our special guest, he drove all the way in here from Daytona, and that's Dr. Williams, who's standing beside me. And there again, he's the author of a book called "The Ugly Color of Race in America. " And I think it's appropriate because, as the Commissioner -- our Commissioner stated before, that a lot of this stuff had a lot to do, in my City ofMiami Page 54 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 opinion, with race, and I'm saying that this has no -- nothing to do with race. This has to do with the greatness of a man and his vision that he had for this City, and so that's why Dr. Williams is here standing beside me, along with his fiance, and he's going to be coming here to this great City ofMiami to really launch his book nationally, so we can't thank him enough for being here. Mr. Eric Thompson is here. We've been working together side by side when we were younger and now we're getting older. But there again, thankyou. And want to give special thanks for Mr. Neil Schrieber [sic] and also again to our wonderful, our great lady, the Honorable Michelle Spence -Jones. And those Commissioners that aren't here, let the word go out that they should be here today. Thankyou ever so much. Thankyou, Commissioners. Chair Sarnoff Thankyou. Commissioner Spence -Jones: Thankyou, guys. Chair Sarnoff Michelle -- Commissioner Spence -Jones: God bless. Chair Sarnoff -- I'm going to allow Vernon (UNINTELLIGIBLE) Clark to speak. Commissioner Spence -Jones: Oh, yes. Chair Sarnoff Because Vernon, you and go back a ways, but you go back a long, long ways with Art Teele. I'm just going to keep you to two minutes, though, Vernon. Please step up. Vernon Clark: Good afternoon, everybody. First of all, those who don't know me, my name -- especially the members of the Police Department -- Chief, I want you to listen to this. I want you to listen to this. I was called by some of the people in the community to come, but most of all, I was called -- someone said, "Vernon, what about the young black lady on the Commission? What have you done? " I said she never call me. I know her people. They already have told me. Last evening we had a meeting in Coconut Grove, and my thrust was at the beginning, Arthur Teele had instructed me when I ran for City Commission to protect the Police Department, and also protect the people in Miami; not section Coconut Grove, but in Miami. He is my friend And was jumped on, because I said "Arthur Teeles [sic] told me. " He say, "Clark, you're running for City Commission. " Really, I was a spoiler. I was put there to cause trouble, but it came back in divine order. So I want to straighten all the people out, the critics, that Michelle Spence [sic] is well covered whatever she have done. Commissioner Spence -Jones: Thankyou. Mr. Clark: And the black people love to see a young black lady -- Commissioner Spence -Jones: Thankyou. Mr. Clark: --fighting. Harriett Tubman and all the rest of them, they're still living. Commissioner Spence -Jones: Thankyou. Mr. Clark: Now, ifI praise the Police Department or praise this young man, I have a lot of people who don't like me. Neil, all of us in the same church. But all can say, all that a man that does for himself, when he die, he takes with him. Commissioner Spence -Jones: Amen. Mr. Clark: But all that he does for others, he live. Arthur Teele is living. You, you, you. I'm not City ofMiami Page 55 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 worried about the strollers. Frank Carollo know whatArt has done for all of them. So that's their business. But long asI got a man andl can stand— and like the guy say, "You walk Sarnoff dog. " I say, "Yeah, 'cause, he have to protect it. " I don't care what anybody say; when you attack a per -- a black in China, you attack the Mayor in Dade County, and I'm -- believe me. And I was Art Teele hatchet man. Anybody bothered him, he'll tell you, they bothered me. So you don't have to worry. And, Chief, the reason I didn't come up the other day and say the good things you've done, the timing wasn't right, but I have a newsletter coming out, and we all in this together. I'm not going to die. I'm in the New York Times. I'm not going to die. The man put that in there. How many read the New York Times Monday? How many read the New York Times, you officials? Chair Sarnoff We saw you in there, Vernon. Mr. Clark: No, but I'm saying that the people who in the office don't know. They got to know what happened in the City. We not going to get in an argument here -- Chair Sarnoff All right. In conclusion. Mr. Clark: -- (UNINTELLIGIBLE). Thank you. So I support what they have said, and I don't think I'm done. And there's Arthur Teele best friend right there. Thank her. Commissioner Spence -Jones: Amen. Chair Sarnoff Thank you. I always get nervous, Commissioner Spence -Jones, whenever Vernon speaks. Commissioner Spence -Jones: We call him Cagman (phonetic). Chair Sarnoff But we got through that. You're right. Commissioner Spence -Jones: We call him Cagman (phonetic). So with that being said, we're going to go ahead and take the vote. We had a motion and a second. Chair Sarnoff All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. You want to do the -- Commissioner Spence -Jones: Yes. Chair Sarnoff -- Liberty City --? Commissioner Spence -Jones: Yes. Applause. Commissioner Spence -Jones: Let's -- Thankyou. Andl want to thank the Commissioners that are up here. Like I said once you go through something and you come through something, you understand how important it is to at least have some sort of redemption in the end, and for me, that's what this was about, is making sure that, you know, at least we did our part to acknowledge what he's done in Miami. END OF RESOLUTIONS DISCUSSION ITEMS City ofMiami Page 56 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 DIA DISCUSSION ITEM 13-00935 Department of Capital DISCUSSION REGARDING THE TROLLEY SMART PHONE APPLICATION & Improvements GLOBAL POSITIONING SYSTEM (GPS) TRACKING Program 13-00935 Summary Form.pdf 13 -00935 -Submittal -Presentation. pdf DISCUSSED Chair Sarnoff Okay, looks like we are -- Vice - Vce Chair Gort: RE. 9. Chair Sarnoff RE.9? We did that. Vice Chair Gort: We did that? Chair Sarnoff We did RE.9. Vice Chair Gort: Right, right, right. Chair Sarnoff We are on discussion item DI. 1, Mr. Spanioli. Mark Spanioli (Director, Capital Improvements Program): Good afternoon, Commissioners. Chair Sarnoff No pressure. Mr. Spanioli: No pressure. Mark Spanioli, director of Capital Improvements. We have a short presentation that Carlos Cruz Casas from our department will provide for you to give a synopsis, an overview of the GPS (Global Positioning Satellite) applications to date, so. Chair Sarnoff By the way -- Mr. Spanioli: Yes. Chair Sarnoff --just so you know what's riding on this, 11 lunches owed to me by Ms. Bravo. Mr. Spanioli: I'm going to have to participate (UNINTELLIGIBLE) belief. Chair Sarnoff If this works, I will reduce it by five. Mr. Spanioli: Wonderful. Thankyou. Carlos Cruz: Good afternoon, Commissioner. Carlos Cruz, Capital Improvement and Transportation. We are thrilled to see an intelligent transportation system applied to transit. The City ofMiami trolley now has GPS devices in all the vehicles, and we have a administration console that allow us to see where the trolleys are at all times and allow us to basically assign the trolleys to each route. I'm just going to go through what's going to be the trolley app (application), what you have in your hands real quick. So we start where you see the Smart Phone app in your hands. You have the flat screen, the home screen, the City ofMiami logo, the Miami trolley logo, and that allow us to start loading the map. Right away, we go straight to the map of all the routes. Let me see. And you start seeing all the routes available. There you go. City ofMiami Page 57 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 You start seeing all the routes available and the location of the user, itself, in relative to the routes. You have a drop-down list with all the routes, so you'll be able to select which route you want to go through and start looking at the information available for that. Alice Bravo (Assistant City Manager/Chief oflnfrastructure): IfI could add, what you see on the screen is basically the first three screens a user would use, so we've revamped the app so that no tutorial is necessary, and basically, as soon as you go in, the user will know exactly where they're standing, exactly where the nearest trolley stop is, and then by clicking on that trolley stop, they'll see how many minutes away the next trolley is. And at the top, there'll be a very obvious header that says, "other routes, " and so if they're not interested in that nearest route, they can tap up there and maybe plan a trip for later in the day. Mr. Cruz: And following this route, what you start seeing when you have the nearest stop to the user, you have right away the information for the estimated time of arrival. Those are the minutes that you see on your right. At the same time, if you don't want to go northbound in one route, you want to change direction to go southbound, there's a quit button that allows you to change the direction. You also have a scrolling list of the stops underneath, the selected stops, so you can quickly skip to the stop that you desire to take. If you're not a map person, you're more Of somebody would like to see the routes in a list format, we do have a list selection of the routes which you can scroll and select straight -- let's go to Biscayne Boulevard route. You can slide to the side to see a static [sic] map of that route. Once you select the route, you have a -- the whole list of the stops available for that route with the nearest stop next -- on the top. And by tapping on the stop, you will be able to pull a drop-down box to allow you to favorite that stop for easy access later, set a reminder so your own phone can tell you when the trolley is arriving, or use the social media to share that with your friends, or straight go to the map. If you turn off the phone, you turn it on again, and if you already have favorite routes, favorite stops, you'll be able to go straight to your favorite stops, look at the time of arrival for that speck stop, color coded by route, and as you see on the side, you do have the reminders, as well. And since I wasn't able to just plug in my phone into the big screen, I wanted to show what we have right now, which is also a public website available to the public to start looking where the trolleys are at all times. As you can see, we have the map, a Google map with all the routes available; the location of the trolleys moving and refreshing every ten seconds. You can zoom in, you can select speck routes by clicking here. You can turnoff the routes that you don't want to see and start seeing where the trolleys are at all times. By clicking on the stop, you'll be able to know where are the next trolleys comes -- arriving and what will be the time for those trolleys. And by clicking on the trolley, you will be able to see the time of the trolley and the next two stops the trolley will be getting into. For familiarization, we also provided a hybrid mode of the map where we can see an aerial and you can start comparing where the trolleys are. Mr. Spanioli: This is live data by the way. Every ten seconds, you see the trolleys move. Chair Sarnoff Yep, it just moved That's great. Commissioner Suarez: When are you going to be up?? Chair Sarnoff That's great. Mr. Cruz: And at the same time, you want to just show the administration console that we have -- the dispatch have in order to assigns each vehicle to each route you see here; all the stops, all the trolleys, and we can assign to each route in order to get the estimated time of arrival. Chair Sarnoff You know, the stimulation we give our audience is amazing. I don't know how people just come here and don't fill the chambers. Did everybody see that trolley move? I don't know about you, but that was exciting. All right. So when are we up and running? When are we --? Yeah, I think that's what Commissioner Suarez was saying. When does this happen? City ofMiami Page 58 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Because he's an Apple-ist. Commissioner Suarez: Yeah, I was trying to download it now. Chair Sarnoff When -- give us the when, the who, the hows. Ms. Bravo: There's a process. Chair Sarnoff We're not concerned about Google-ists. We're only concerned aboutApple-ists. Mr. Spanioli: That website you see right now on the screen, that's actually up and running right now. So the actual website is up and running. You could actually go to that on your phones and look at that. The actual app for the Apple Whones will be available at the end of October, and the app for the Google phones or the Androids will come out by the end of the calendar year. Vice Chair Gort: It's about Blackberry 10. Mr. Spanioli: The Blackberries could log in through the website. I don't know if they're -- I'm not that familiar with Blackberries in terms of apps. Chair Sarnoff They probably won't even be around by December. Mr. Spanioli: Yeah. Chair Sarnoff Don't worry about it. Mr. Spanioli: I won't get into that. Vice Chair Gort: Question: Are you also going to be able to control -- because let me tell you, I think a lot of the people within my neighborhood, they're very happy because they can go all the way from Allapattah to Overtown, Brickell and Biscayne Boulevard. It connects the whole thing. But sometime, I've seen too many close to each other; I mean, right in the same path and one behind the other one, so I hope you'll be able to control that. Mr. Spanioli: The actual installation of these GPS units is helping us work through that. Before, it was more of a -- we had to do it through our radio dispatch. "Hey, I'm too close to the next trolley. " Now, with this implementation of the system, we're going to be able to get that a little more organized. We do have some instances where it's hard to (UNINTELLIGIBLE) when you have a bridge up and so forth, but the GPS tracking is going to help us get all that organized. Chair Sarnoff So you're saying there's going to be some feedback for the driver to maybe slow down and not necessarily pick up -- that's a great idea. Mr. Spanioli: That's correct. V ce Chair Gort: That's right. Okay. Mr. Cruz: And the dispatchers will have feedback in the administration console that you see with red lines saying that trolley is too close to the other and we'll have to (UNINTELLIGIBLE) Chair Sarnoff Each one of them will have an Apple, I take it? Mr. Cruz: They're going to have a touch screen. City ofMiami Page 59 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Oh, made by Apple, I hope? No, I'm just kidding. All right. Anybody have any questions? In the words of Suarez, he wants to see it by October. He wants to see it by Halloween, so he can take his trolley. Mr. Spanioli: And just for reference, the Coral Way trolley is -- October 3 is the (UNINTELLIGIBLE). Vice Chair Gort: October 3. Commissioner Suarez: I was just going to say -- Chair Sarnoff He wants --yeah. Commissioner Suarez: I was going to congratulate you because you came very close to your promise. I think you kind of -- I think you hit the nail on the head. Mr. Spanioli: I said late September, early October. Commissioner Suarez: Yeah, yeah, I'll give it to you, you know. And it's -- obviously, we fought very, very hard for that, andl fought very, very hard that it be free, andl think the success of the trolley has shown that that was a wise decision, because there happens to be, for whatever reason, a stigma with public transportation in this community because we're not used to it, we're not accustomed to it. Mr. Spanioli: Right. Commissioner Suarez: And I think it's going to be a tremendous activator for Coral Way. I hope it's going to be a tremendous activator for Coral Way, and I'm glad to be here when it happens. Thank you. Chair Sarnoff You know, we actually call it the Coral Way Trolley, which goes all the way through downtown. I think it goes all the way to Northeast 2ndAvenue, ifI'm not mistaken? Commissioner Suarez: Yeah, andl think it also goes all the way to Coral Gables. Has that finally been finalized? Mr. Spanioli: Yes, it has. Coral -- Commissioner Suarez: Great. Mr. Spanioli: -- Gables has been very cooperative. We worked together with them. There's actually -- Commissioner Suarez: Going to connect -- Mr. Spanioli: --four stops in Coral Gables. Commissioner Suarez: -- with the Ponce trolley. Mr. Cruz: Five stops in Coral Gables. Mr. Spanioli: Yeah, five stops. Chair Sarnoff It's a fascinating route. City ofMiami Page 60 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: Yeah, and you're connecting two huge business centers there: Brickell and Coral Gables along Coral Way, so that should invigorate Coral Way, too. Chair Sarnoff Okay. Mr. Cruz: Thank you. Chair Sarnoff Ms. Bravo, I think I'm going to keep you at your 11 lunches, wherever she is. DI.2 DISCUSSION ITEM 13-00777 District 5- PRESENTATION BY THE LIBERTY CITY TRUST ON ACCOMPLISHMENTS IN Commissioner 2012-2013 AND GOALS FOR 2013-2014. Michelle Spence -Jones 13-00777 Email - Liberty City Trust.pdf 13 -00777 -Submittal -Presentation. pdf DISCUSSED Commissioner Spence -Jones: So with that being said, one of the things that he's done -- Elaine Black, we have pushed you three meetings, so we're going to get this -- get through this pretty quickly. I don't know if you have any of your board members with you today? Elaine Black: Commissioner, thank you so very much for allowing us to make a presentation. Unfortunately, several of my board members could not be here today. Mr. Roy Hardemon, Pastor Mack could not be here. El pagnier Hudson from FIU (Florida International University), she could not be here today. I'm expecting Samantha Quarterman. We also have some other supporters of the Liberty City Trust here, but they are -- but I want to go forth and say this is who we are. This is what we're all about. The Liberty City Trust, as I said earlier, was actually initially the Model City Trust, and it was a creation of Commissioner Teele. Our vision and our mission is to really facilitate commercial development here in the City ofMiami, in the Liberty City community, the expanded community that includes Liberty City from I-95 to its boundaries at 17th Avenue. We have been able to accomplish our goals through partnerships. Our main focus is affordable housing, homeownership, and rentals to ensure that the local people in the community can get employment, to buy homes, and have a good quality of life for the residents there. I'm going to just speak briefly about our residential development, economic development, capital improvements, education, and outreach, and acknowledge the many people who contribute to the things that we do in the Liberty City community. Residential development: We have facilitated more than 500 units of properties, which includes special needs housing, which we provided to Better Way, Miami Rivers ofLife, and in Power U. Several of our properties are still under construction as we speak and more are planned for the Liberty City community. We're in the process --we've completed five single-family homes. They're beautiful. And we have three more to complete. This is some of the development projects that we have done in the Liberty City community. We've worked with large developers. We've worked with small developers. We've worked with individuals who just buy properties, and they have made a significant difference in the quality of life of our residents, because we just don't depend on folks who are buying and building the new buildings, but people who are coming in and restoring older properties and ensuring that the management is where they need to be. These are some of the properties that are for our special needs housing. I'm happy to say that Habitat built its first condominium facility herein Liberty City, seven units on 61st Street. We're also actively involved with the beautVi cation of the community. We worked with FIU to put anew mural on Liberty Square, and we have several other beautification projects throughout Liberty City. There's going to be a transformation in Liberty City at 7th Avenue andMLK (Martin Luther King) Boulevard with the development of the transportation hub and the redevelopment of the MLK facility. There'll be a City ofMiami Page 61 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 27, 000 -square -foot community center -- I'm sorry -- business center, plus the Atlantic Pack will be now developing the transportation hub that will have close to 20 units of housing, plus retail and a place for transportation. Our focus, as far as small businesses have been concerned, is to --we have a farmer's market. We're advocating for resources and ensuring that our businesses are moving forward. As far as a organization is concerned -- and you cannot do everything, so we've focused on the restaurants that are in the Liberty City area. We're working with them. We're working Dorsey Skill Center, FIU and others to ensure that they're getting the training they need 'cause we feel that our restaurants will be a magnet for tourism. You heard about the Green Team, and we've been involved with ensuring that they get the training they need. Everybody needs life skills in order to move forward. We also have another group that we work with through FIU, because in order for people to afford to buy houses, they need a job, so we work with individuals in the community to get jobs. We also work with the City's Capital Improvement Programs and other operating departments. We're going to have -- the Linear Park is planned for 12th Avenue andMLK Boulevard. That's going to be a historical site. It's being developed as we speak. It's going to create a timeline of blackMiami. It'll start in 1896 and will go to 2000. We've been involved with creating the playground with Liberty Square. We can do nothing without the support of every operating department in the City, and they have been wonderful. MLK Boulevard mural, the I-95 underpass; we've worked with not only the City, but FDOT (Florida Department of Transportation). That's going to be a beautiful artist presentation that will be installed there. The Sherdavia Jenkins Park and many other facilities. Outreach is critical to let the people know that positive things are going on in the community, so our activities have been inclusive. We've worked very closely with Wells Fargo Bank. They've always been a supporter of ours and activities through the LIFFT (Low Income Families Fighting Together) program, because one of our main activities is ensuring that people get housing. I'm just going to go back and talk a little bit about just -- this is just talking about some Of our outreach activities. Stand Up Against Violence is something -- is a activity that we have been involved with to ensure that our schools are safe. Our focus has been jobs as it relates to Stand Up Against Violence, because young people need jobs. But we have been involved with rallies and in -- and we are supporting Save Our Sons programs. Didn't talk a whole lot about housing, but I want to tell you that we have provided support to -- financial support through Wells Fargo and other banks to provide homeowner assistance to over 400 people. We have 10 individuals who's already qualfed for home buyers. Our focus is to ensure that the community can be as --all that it can be by not only working with us but all of our partners. We want to say thank you to all the operating departments in the City, especially my Police Department, the City Commissioners, City Manager's Office, the NET (Neighborhood Enhancement Team) Office, and again, thankyou, and thankyou from our board. Chair Sarnoff Thank you. Commissioner Spence -Jones: Thankyou, Elaine. Applause. Chair Sarnoff Okay. Commissioner Spence -Jones: And let me just say this in closing (UNINTELLIGIBLE) to lunch now, right? Chair Sarnoff Well, we do, but we have a CRA (Community Redevelopment Agency) real fast to do. Commissioner Spence -Jones: Okay. Do -- Chair Sarnoff We have just an Omni and then -- and Midtown. I think it's two things, Michelle. Should be quick. City ofMiami Page 62 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Spence -Jones: Okay. I just want to acknowledge really quickly Elaine and her whole entire staff. They have really been holding it together. And it's so important to have an agency or organization in the heart of a neighborhood constantly pushing not just housing, but all the other issues surrounding the neighborhood. It's almost like having a mini City Hall right in Liberty City. So I really want to thank you guys for your hard work and your participation. And know that we are going to see major transformation happening in LC (Liberty City). Chair Sarnoff All right, so we will be in recess, and candidly, guys, I think we could have till 3 o'clock because -- Commissioner Spence -Jones: Okay. Chair Sarnoff Is that all right with you, Willy? Vice Chair Gort: Yeah. Chair Sarnoff Three o'clock. But we do have Omni and we have Midtown to do right now. Commissioner Spence -Jones: Are they going (UNINTELLIGIBLE) come back right now? Chair Sarnoff I don't know. Let's take care of business. Let's do the business we can take care of. It'll take us five minutes. DI.3 DISCUSSION ITEM 13-01108 District 5- DISCUSSION REGARDING PERTINENT ISSUES WITHIN LITTLE HAITI. Commissioner Michelle Spence -Jones 13-01108 Email - Issues Within Little Haiti.pdf DISCUSSED Chair Sarnoff Okay, we're going to be back on the record. Which one's time certain? Three o'clock Dl 3, we have a time certain. Commissioner Spence -Jones: Okay. Chair Sarnoff I think that's you, Commissioner Spence [sic]. Commissioner Spence -Jones: Yes. Good afternoon. Are you ready to roll? Vice Chair Gort: Or not. Commissioner Spence -Jones: I -- actually, the group that is supposed to be here is not actually here, so -- Vice - Vce Chair Gort: He's here. Commissioner Spence -Jones: Oh. For DIP No, that's -- okay, DL 3 is about Little Haiti, so you're not here for Little Haiti. That's okay. So I only had a time certain for Little Haiti at 3, correct? City ofMiami Page 63 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Yes. Commissioner Spence -Jones: Okay. So can I just -- they're not here, so can we just roll it on over or --? Chair Sarnoff Yeah, we'll -- Commissioner Spence -Jones: I mean, I could just talk about it now. Chair Sarnoff --just take it up -- tell me when you want it taken up. Commissioner Suarez: What are we doing? Commissioner Spence -Jones: Oh, they're here. Chair Sarnoff Oh. Commissioner Spence -Jones: Okay, all right. Chair Sarnoff DL 3. Commissioner Spence -Jones: Okay. Chair Sarnoff Not DI (Discussion) -- Commissioner Spence -Jones: I didn't know they were here. Chair Sarnoff Right. Commissioner Spence -Jones: Welcome, ladies. So what I wanted to kind of mention today as I close out, and mentioned it a little earlier, I talked about the importance of, you know, the promises that are made and keeping those in the community. What I'm doing, you'll see over the last -- next couple of meetings, I'm going to have discussions on regard -- pertinent issues for different neighborhoods. So today, I wanted to at least address Little Haiti, and then over the next two -- excuse me -- three Commission meetings I'll address the other areas in my district -- Liberty City and Overtown and those areas combined Wynwood. So I just wanted to be clear. Now, I know there's so many rumors swimming around what this item's actually going to be about, but I wanted to bring clarity to the item. I wanted to discuss briefly about the issue of neighborhood boundaries and making sure there's a clear understanding about what the intention is around this so that we're all on the same page, because there's been a lot of confusion around it. I've asked for -- I don't know if Planning is here. Where -- is Greg here? Yeah. Greg has been here. I'm going to start with that part of it first, which is the boundaries issue, andl'm going to askAlarleine to step ulifor a minute as well; yeah, just step up for a minute. So I want to discuss briefly -- and it actually was Marleine and the entire group, actually, that kind of brought the attention -- or has actually been working with us beyond really this year. It's really been a long time coming. This is one of the major efforts that Commissioner Teele had, has always been a very big supporter of the Little Haiti area, but there's just been a lot Of confusion about what the boundaries are and what they're not. And so one of the things I've asked -- and want my fellow Commissioners to know, what we've been doing over the last at least week or so is really meeting with all the neighborhoods in each one of those areas. I haven't done all of them, but I hopefully should have them done by the next Commission meeting -- is to really make sure everyone's clear about what their areas are. So really fast, I just want to at least the Planning Department to put something on the record on what neighborhoods we have kind of met with. We're still meeting with the rest of them. We haven't gotten them all done. I think we may have two more left to do, but they have been very successful meetings. Greg, we City ofMiami Page 64 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 -- I wasn't able to participate in yesterday's because it was -- I had an emergency situation happen in school system yesterday, so I was dealing with that yesterday. But I do want Greg to at least give a brief overview as to how we got here, and then I would like for Marleine to kind of put, you know, some key things on the record. Gregory Gay: Good afternoon, Chairman, Members of the Commission. My name is Gregory Gay with the City ofMiami Planning Department. Just to briefly bring everyone up to speed, the discussions we've had dealing with the Little Haiti community has revolved around a lot of different things as it relates to neighborhood boundaries, to economic opportunities, to changes in demographics as it relates to cultural significance, and it seems that this particular community is a community that has a whole lot of input and a lot of things that are occurring as it relates to the cultural concerns and trying to retain some of those things within the community. As the Commissioner just said we were looking at certain boundaries as it relates to certain neighborhoods. Within the Little Haiti community -- and ifI could just step back a minute -- this area was originally known as -- it's gone under several different names. The latest name kind of on the official books, which was established in 1974, on a federal regulation was Edison/Little River, and that was basically based upon the history of the historical high school in the area and the industrial area somewhat to the east and north of the community. So those are the names that were, more or less, attached to it, and that was in 1974. As the community has evolved over a period of time, you've had an influx of different cultures and different demographics. The Haitian establishment has come into the community; and over a period of about 20, 25 years, because of their presence, there was more so of a association with calling the area Little Haiti, and that particular name hooked on. In terms of certain documents that we have, we've always in the City referred to the entire area -- and this is bounded by the FEC (Florida East Coast) on the east, I-95 to the west, I-195 to the south, and it goes up to the city limits, roughly 79th Street and the Little River Inlet. So that makes up the area that we now know as Little Haiti. Even in County documents, we recognize it, and they also recognize it, the overall area as Little Haiti. When you dig down deeper, there are about 12 different communities or 12 different neighborhoods that are within the Little Haiti area. As we've gone through our meetings and we've met with five of these particular communities thus far, the maps that we had on the record thus far to define those particular neighborhoods have been somewhat skewed over the years. I think the last one we did was in 2000, and the boundaries were somewhat adjusted for certain neighborhoods. We have since then had about six or seven different organizations that have become very active in the community, and within their activity, they are basically trying to establish themselves as whatever particular neighborhood they want to call themselves. We thus far have met with West Buena Vista; we've met with Buena Vista Heights; we've met with the Historic East Buena Vista Homeowners Association; we've met with Brentwood, and these are all the areas that are pretty much to the south of 54th, and as late as yesterday, we were re -introduced to a neighborhood that is just getting themselves back organized called Belle Air. So pretty much everything to the south of 54th Street has been somewhat defined by a speck neighborhood association or established even through some of our City documents as a historic district or something to designate it as such, even also with the Design District. As we've continued with our exercise, what we're looking at doing is, more or less, defining the rest of the community. We have the Edison area; we have the Little Haiti area; we talked to individuals with the Little River industrial area; and we have some areas that are kind of known as Little River Central, the 79th Street Business Corridor, the Oakland Grove Community, and the Little River -- let me see -- Little River Gardens, which is another community that we're going to be reaching out to. And basically, through this particular exercise, we're trying to talk with these individuals or talk with these representatives and get a better feel for what they feel their boundaries are as it relates to their specific community. Now, as we go through this particular exercise, there's a lot of things that can possibly change. And we've also looked at the potential as it relates to Community Development Block Grants and how that can be distributed or re proportioned over a period of time. Commissioner Spence -Jones: And let me speak to that, 'cause I think it's really important. City ofMiami Page 65 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Vice Chair Gort: I have a question on that. Commissioner Spence -Jones: Sure. Vice Chair Gort: I don't think the name changed the CDBG (Community Development Block Grant) need to -- Commissioner Spence -Jones: Well, what -- see, this is where the confusion came. So the County created --you should get a copy -- andl don't want us to go into the details, 'cause it's really -- when it comes back, I want you to have the substance. But the confusion became, so you know, the County created this HUD (Housing and Urban Development) map, right? And the HUD map really created a much bigger area. Like it started from 36th Street, which is the Design District, all the way to the end of the City ofMiami -- what do you call it? Mr. Gay: The city limits. Commissioner Spence -Jones: Yeah, 80 -- Vice - Vce Chair Gort: City limits, yeah. Commissioner Spence -Jones: Eighty -First Street. So that's kind of how the community's been operating on -- you know, that's what Little Haiti has been, but when we reached out to the County and to the County Commissioner's Office, what was explained to the City was that that map only represented HUD from the standpoint of CDBG funds, because if you can identify a larger demographic area, then you're able to get more CD (Community Development) funds. So one of the things that I'm delicately doing is we don't want -- we already need a lot more help in Little Haiti in getting additional things done, and now certain areas like your Buena Vista Historic District and even the Design District, the income in those areas are a lot higher, and if they're tied into the federal regs (regulations) in any kind of way, then that's going to bring my numbers down in the Little Haiti area for me to do more streets, more housing and all of that. So I just wanted to, you know --So we're having to dance around that. And I know you understand that. You've been here longer than me. But I think it's extremely important, though, for us to really identify the district and create the district so that we don't have any confusion about what is what, and that's the purpose of the discussion. Chair Sarnoff Okay. Commissioner Spence -Jones: Andl'm just going to tell you this for -- really quickly. You can definitely add on. You want to add on before I make the comment? Commissioner Suarez: No, go ahead, go ahead Commissioner Spence -Jones: Okay. So my purpose of this exercise is to really make sure: One, as I stated from the very beginning, is keeping the promise that was made even beyond me by the Commissioner prior to me to make sure that the area is designated and that it officially becomes an area that can be recognized. One [sic], to also provide clarity to those neighborhoods, which is what we're doing now, meeting with them individually, because they are confused, to make sure that's taken in place. Three, to make sure that we don't have any issues regarding our CDBG HUD funding 'cause, quite frankly, we need it. We still have a lot more work to do. And also to clear up all of the negative things that have been said about Little Haiti. I am -- it's almost embarrassing to hear all of the lies and the hate that has come from, you know, just this whole exercise; people spewing out venom and negative things about Little Haiti and people from Haiti. I've even had someone, you know, make this comment or statement to me, my fellow Commissioners, "Why would you want to name an area Little Haiti after the poorest country in City ofMiami Page 66 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 the hemisphere? " That's -- that is so disrespectful, especially when we honor areas like Little Havana as areas that are pride -- that we are proud of in our neighborhoods, and it's just wrong. We shouldn't be making those kind of comments. The e-mails (electronic), you know, that have been put out, have been said about this particular community, I think, is disrespectful. I'm not going to get into the mud or lie in the mud with the pigs. I'm going to do what I know is the right thing to do, but it's just shameful that we could be in a place like that where we're hearing these kind of remarks. And when we think about Little Havana, which is a district that actually has several neighborhoods -- I don't know all the neighborhoods. I know Shenandoah, but it's like 12 neighborhoods within that district, you know, and no one ever complains or has an issue about -- what? Vice Chair Gort: I can give you the history in Little Havana. We had a lot of complaints just like you're having right now. Commissioner Spence -Jones: Okay. Vice Chair Gort: So we got to continue to work on it. Commissioner Spence -Jones: Okay. Vice Chair Gort: And show the people the benefits. Like today, we have over 10 buses a day going by -- Commissioner Spence -Jones: Going to Little Havana. Vice Chair Gort: -- to Little Havana, and it's a tourist attraction. The same could be happening with Overtown, with Little Haiti and all those places, like they have in New York. In New York, you have Chinatown, then you have Italian, and you have all this, and this ethnic traveling tourism is becoming very important. Commissioner Spence -Jones: It's a stimulator for the area. So my point in all of the discussion is I want to clear it up all the neighborhoods so that we don't have that as any confusion, and we show the Haitian community that we truly support them, and not hide behind, you know, having people throw rocks and hide hands. We're just not going to allow that to happen. So the whole point of this exercise -- I would like to hear your input, 'cause I think it's important, andl thank you for your comments on it, but definitely, I would like to hear from any one of you that has any thoughts on it. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: No, I just want to briefly say that neighborhood identification is a wonderful thing. I don't understand how it could be, you know, controversial or upset people. I just -- I don't even get it. You know, I think in -- obviously, Coral Gate, where I live, it's a historic neighborhood, and we should encourage our neighborhoods to -- it's certainly more important, by the way, than Commission districts and where lines are drawn, because, you know, the way that we as a community interact and the way that we interact with our government, in my opinion, is much more -- and in my experience, my limited experience -- is much more defined by the neighborhood and much less defined by the Commission district. Commissioner Spence -Jones: Yeah. Commissioner Suarez: So, I mean, I think this is a wonderful idea. I think it'd be great if more neighborhoods -- even in Flagami, it's kind of known as Flagami, which is a very long area, but City ofMiami Page 67 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 within Flagami, it'd be nice if there were little pockets of neighborhoods where people kind of felt identified for a specific reason and a speck purpose, whether it be because of a country of origin, whether an ethnic -- whatever brings people together. Commissioner Spence -Jones: Yeah. Commissioner Suarez: So -- Commissioner Spence -Jones: And even like in Wynwood -- I'll give you a perfect example, and that's an area that I represent. I -- well, not fully represent it or this district -- you know, when you look at the maps, it says "Old San Juan" on there, and quite frankly, as you know, at this -- that's what it says. It's on the City map, it says, "Old San Juan, " which it highlights the Puerto Rican community and the contributions that it's made to the City ofMiami. Andl think it's important to make sure -- even though we have WynwoodArts there, and they're there, the two can co -exist, you know? So I just wanted to have this conversation with my fellow Commissioners, because, honestly, it's been shameful, it's been hurtful, you know, to hear these comments be made about a group of people that I know that have come to this country, that have worked very hard, that -- you know, it's just wrong, and I will not participate in it and not be involved in any kind of negativity that's surrounded around great people. I'm just not going to be a part of it. So I don't know, Commissioner Sarnoff, if you have a comment, but I would -- I don't -- I know that Greg has to put something on the record about Little Haiti neighborhood NET (Neighborhood Enhancement Team). Okay, I'll make sure I don't forget that. Mr. Gay: Yeah, ifI couldjust quickly add. Within the City ofMiami, you know we have NET areas, and the NET area for Little Haiti is the area that I previously described, which is -- coincides with the federal target area, which also coincides with the target area that's established by the County. So I just wanted to let you know on the record where that --these boundaries do basically tag along with one another. Commissioner Spence -Jones: And I want to thank you, Greg, 'cause you've been doing an outstanding job, you know, working with the neighborhoods, getting it done. We have now up until the next Commission meeting to really have it all in order and put in place, so -- but I thank you for at least making sure that we have clarity around, you know, what it really is, you know. Mr. Gay: And we've been making great progress. We're working with the neighborhoods, and they've been very cooperative, setting up meetings in their homes and -- Commissioner Spence -Jones: Yes. Mr. Gay: -- really have invited us in wholeheartedly and really just letting us know, "This is where we really are, " and that has really helped us out tremendously. Commissioner Spence -Jones: Yes. And we'll be prepared for next Commission. So, Marleine, I just want you to officially put on -- as being one of the champions --you're not the only one, but Mapou, and it's a whole bunch of other people that have worked hard to do that. And then I do want to acknowledge Ms. Gepsie Metellus. Am I saying it right, "Metellus"? Gepsie Metellus: Yes. Commissioner Spence -Jones: You can stand up, come up to the front, as well. And then, Joanne, I would like for you to at least put something on the record, as well. And these folks are folks that have been fighting very hard -- all women --fighting very hard. They're not -- not that there are not no men. There are men, too --fighting very hard to make sure that the rich culture of Haiti is not lost. I love them, and I want them to know that we appreciate their fight and their struggle, and we're hoping that this mission and this assignment continues to make sure the City ofMiami Page 68 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 history of Haiti is not lost. Ms. Bastien: Good evening or good afternoon, Mr. Chair, Commissioners. Commissioner Spence -Jones, first and foremost, I wish to thank you for your leadership on this. As Commissioner Spence -Jones indicated, this is an issue that we've been working on since -- with -- we had the late Commissioner Arthur Teele. Gepsie andl, we were part of the committee that worked with Commissioner Teele to establish the Little Haiti Cultural Center and the Manno Sanon Soccer Center and everything. And for a long time now, we've been trying to have the set boundaries ofLittle Haiti. Ifyou asked me, I would tell you that the boundaries are from 36th Street and to 84th to the north, and from Northwest 6th and to -- before the rail tracks before Biscayne Boulevard. But like the Commissioner indicated, there have been several groups that have been very active, that have organized themselves, that are -- now we have different names for what even we thought were --you know, was Little Haiti. As you know, the Haitian American community has suffered discrimination over the course of many, many years. However, they fought very hard to establish themselves in Little Haiti. They bought home, they build up businesses. They are hard-working individuals. And now I'm a board member of the Northeast 2ndAvenue Partnership. The mission of the Northeast 2ndAvenue Partnership is to commit, work hard to bring the resources that is needed to make Little Haiti a very strong community, like any other community. We want to revitalize it. We want to bring resources there. However, we realize that if we do not work together with your leadership to have set boundaries, one day we will wake up and we will not have the Little Haiti, and that would be too bad. That would be too bad. And that's why we are here. We are here to ask you for your support, because I'm going to end by saying that why is Miami so wonderful, so beautiful? Why do we have people coming from all over the world to visit Pequena Havana, to visit Little Haiti? Gepsie and I, we are directors of community-based organizations. Every year we have groups coming from allover -- China, Africa, Europe -- to come and visit Pequena Havana, Little Haiti. They want to see the dynamics, the culture. They want to taste the food. They want to hear Latin music, Haitian music. They want to smell the food the smell of griot and everything, because that's what's make our City beautiful. That's what make America beautiful, and that's why we call -- they call the City ofMiami the capital of the world. So I hope that we'll have your support and understanding why we're here; not because we really want to cause trouble, to create trouble for anyone, but we here to tell you that the time has come, because other groups have continued to encroach and encroach in our little piece of the land, and then we hope that you will join Commissioner Spence -Jones in setting the boundaries. That's all we're asking for, and we are beautiful because of our diversity. We thank you for your support. Commissioner Spence -Jones: Well said, Marleine. Give her a hand. That was beautiful. Applause. Commissioner Spence -Jones: And l'm just so proud of you, too, Gepsie. You know, I don't know if most of the Commissioners know, but, I mean, just to see how Gepsie has built her organization here in the heart of Little Haiti for families and for children, and it's amazing; one of the most successful Haitian -based organizations in the heart of Little Haiti -- well, on the side of it. Ms. Metellus: Thankyou, Commissioner, andl, too, want to thankyou for your relentless advocacy on behalf of the Haitian community; really, a heartfelt thanks. You've always stood with us. You've always been a champion, and we're very grateful. Commissioners, thank you for your time. Thank you for the opportunity to add additional comments to the record and to hopefully convince you that it's the right thing to do. And as I'm standing here, before I even say anything, I'm thinking, well, how ironic this conversation is, because, again, there are so many people around this country and around this world who want -- upon arrival in Miami, they want to know where Little Haiti is, they want to visit Little Haiti, and you don't have to take my word for it; ask the Miami Convention and Visitors Bureau. They've got the data and the stats that City ofMiami Page 69 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 support what I'm saying. Ask the Miami Parking Authority. I think he, too, Art -- Commissioner Spence -Jones: Noriega. Ms. Metellus: Thank you so much. Art Noriega will back me up when he -- when I say that there are people who constantly request opportunities to tour Little Haiti, to visit Little Haiti, to see it, to smell it, to feel it, to have some of the food to see what this community has achieved. And that's not by accident. You know that this country of ours, this great country of ours is founded by immigrants, and so our neighborhoods continue to be revitalized by successive waves of immigrants who come to this community. And so today, all we're saying to you is that Little Haiti is, in fact, an economic asset for the City ofMiami, an economic asset for Miami -Dade County. And so whether or not you have trolleys that provide opportunities for tourists to come tour, whether you ensure that the area is clearly well defined with wonderful signage -- I was so happy coming up here when I was welcomed to Coconut Grove. I thought the signage was beautiful. So what we're saying is that Little Haiti deserves something similar, right? And so the street furnishings ought to equally be beautiful, such that they reflect and represent the great City ofMiami, such that they do all of us proud, and so today, we're talking Little Haiti, but that economic engine that it can be and that I suspect it already is will only benefit all of our communities and, of course, our tax coffers. And so, again, we urge you to do that, and ensure that the police presence is adequate, that it is properly beautified, properly adorned with signage, and, of course, bus benches and all of the works, right? And so if we're advocating, we may as well askyou for all of the things that we know and that you know work in terms of making a community beautiful, a community attractive, a community that attracts not just internal tourism, which would be residents ofMiami-Dade County, but clearly continues to attract the waves of people who flock to Miami -Dade County in hopes of actually experiencing the world while just being in one place. And so I thank you for the opportunity, and again, urge you to go along with Commissioner Spence -Jones and go ahead and designate the area properly, and let's sit back and reap the benefits. Thank you. Commissioner Spence -Jones: Thank you, Gepsie. Well said. And last (UNINTELLIGIBLE), I want to definitely introduce Joann. Joann is someone that we fund actually through my CDBG funds through NE2P (Northeast 2ndAvenue Partnership). They've been actively working hard to really make sure that we put things in order, and I'm really proud to have worked with her. And her main functions -- and again, I'm using this as my opportunity so my Commissioners know what's going on -- is to get the marketplace -- as you know, it's been closed for -- how many years now? Joann Milord: Since 1990. Commissioner Spence -Jones: Since 1990, the marketplace in the heart ofLittle Haiti. So under our administration, we were able to finally get the thing done. A special shout out to CIP (Capital Improvements Program) and, of course, Henry that's now taking it over, so we're excited about that. But just in a nutshell, if you can kind of let them know what you're focusing your attention on, on the Northeast 2ndAvenue Corridor. Ms. Milord: Sure. Good afternoon, everyone. I'd like to thank the Commissioner for spearheading this event. We are so honored in the Haitian community that she has stood behind us and is helping us to establish our piece of land. We work well with our neighbors, but we do want that identity and the recognition of being known as Little Haiti, a place that is a destination where people from foreign and local can come. And one of those economic engines that can help the individuals in Little Haiti be self-sufficient is definitely the Caribbean Marketplace. The City has invested almost $1 million to renovate it. And so my organization, Northeast 2ndAvenue Partnership, we are extremely concerned. We've written a business plan. We're advocating for funding, because the Little Haiti community wants to be part of the solution, so we want the marketplace to be successful, and we want to work along with the City and all the businesses City ofMiami Page 70 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 along Northeast 2ndAvenue to make sure that they know about the wonderful resources at the City, Community Economic Development has available to them. So I'm going to be brief, but I want to let you know there's so much hope in the future for Northeast 2ndAvenue. I hope in the future instead of saying, "You want to go eat in Little Havana? " you'll say, "Well, why don't we try that new restaurant in Little Haiti? " Thank you so much. Commissioner Spence -Jones: Thank you, Joann. And then I see that we have Mallory from the area. It's the last comment that we're going to take. But one thing, like I said, I love about what's happening in the area, and Mallory's been a wonderful business owner in the heart of Little River where all of the industrial businesses are. So I believe that he wants to come and also put something on the record. Mallory Kauderer: Sorry I missed the early part. I don't know what was discussed but I just want to say I'm chairperson of the Little River Business District Board, and I'm a property owner in the Little River Business District. And recently, I've been speaking with the owners and involved businesspeople and residents in Little Haiti to understand exactly what it is they'd like to do with their community, and I'm very happy to work with them in a cooperating manner, as they have been with me, in order to come up with a designation for the borders of our communities that works for everyone, andl'm very happy to be able to work with them, and hopefully, we'll be able to come to a mutual agreement that works for all the communities in that area, including Edison to our west, Little River, Little Haiti and everyone. And thank you very much. Commissioner Spence -Jones: Thank you. Last comments. Frantz Eloi: Thank you very much. Commissioner Spence -Jones: 'Cause this was only supposed to be the ladies, and now the men have tried to take over. Eloi: My name is Frantz Eloi, 68 Northwest 39th Street. I'm the president ofBuena Vista Height Neigh borhoodAssociation. Our association abutted Little Haiti, and we're here to support the good work that these Haitian leaders have done in the community. Andl think by doing what they're going to do, I think it's going to be great. Commissioner Spence -Jones: Thank you. And his -- this is a neighborhood that's abutting the new boundaries for the Little Haiti Area. Mr. Eloi: Correct. I am the community that abutted the new project. Commissioner Spence -Jones: Buena Vista Heights. Mr. Eloi: Buena Vista Heights. Commissioner Spence -Jones: All right, thank you. Mr. Eloi: You're quite welcome. Commissioner Spence -Jones: Alrighty. So I just would like to -- thank you so much, Mr. Chairman, for your indulgence. And Greg, thank you. I don't know where your boss is, but thank -- oh, Francisco. Thank you, Francisco, for working with us, and hopefully, we should have this stuff resolved in the next 48 hours as to what we're doing. So if there's anybody that we've forgotten, please reach out to -- we're putting it out in the open right now -- Greg in the Planning Department. We definitely want to make sure we have those meetings so we get that done. I know that one other question has come up around Lemon City, so we definitely will make City ofMiami Page 71 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 sure that we're addressing the Lemon City issue, as well. But l just wanted to make sure that I dispel any misinformation, you know, or any division that's happening based upon all of the stuff that's floating out there. Thank you. Mr. Gay: Yes. And we're also going to utilize the services of NET to reach out to as many of the homeowner associations that are available to us. Commissioner Spence -Jones: Okay. Mr. Gay: Thank you. Commissioner Spence -Jones: Thank you very much. Chair Sarnoff All right. Commissioner Spence -Jones: Thankyou, Mr. Chairman. Chair Sarnoff You're welcome. DIA DISCUSSION ITEM 13-01109 District 5- DISCUSSION REGARDING DISABILITY HOUSING FOR VETERANS. Commissioner Michelle Spence -Jones 13-01109 Email - Disability Housing for Veterans.pdf DISCUSSED Chair Sarnoff Okay, D1. 4, disability housing for veterans. Commissioner Spence -Jones: Yes. I think we just need George for this. Just really quickly again, another one of the promises. I just want to make sure that we keep things and get things moving in the right direction. George, I don't know if you want to put anything -- I definitely want you to put something on the record, but Doug, please come to the mike. Doug was actually the founder of or one of the presidents of Carrfour and has been very active and has remained active in the Liberty City area, and Eric actually was a board member for Liberty City Trust and now is working hand in hand to really make sure that we have support in the area. My big concern, as you know, a lot of the vacant lots or vacant buildings I have in my district, especially in Liberty City, we have turned them to supportive housing for people living with HIV -AIDS (Human Immunodeficiency Virus -Acquired Immune Deficiency Syndrome). I know we're not supposed to -- we didn't say where the building was --for homelessness, for young girls or young people aging out of foster care. So these are all supportive services, you know, housing that we think is important to have in the neighborhood. Andl don't know if you want to go ahead and at least kind of explain a bit, but this is actually a vacant lot, and we have done this before. As a matter of fact, one of the main lots we have on -- what is it? -- 56th and 7th --yeah, 56th and 7th, the big lot there. So we have done this already. But we already know that the veterans that are returning home, especially the disabled ones, that's a big issue. We got to figure out a way -- and especially in urban or in the neighborhoods I represent, they really don't have anywhere to go. So this is my support for my veterans before we transition. But George, do you want to add something? George Mensah: Yes. George Mensah, director of Community Development. This is an effort to bring veterans housing and developmentally disabled housing in the Liberty City area. The City ofMiami Page 72 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Liberty City Trust, the -- has formed a partnership with the developer who will be going to the state to apply for funding for this type of housing units, and I'll be working with them to ensure that. We have some lots in the Liberty City area, and we've been finding it very difficult to build on them because of financing issues, and therefore, this is just an opportunity that the state has provided to us to be able to see if we can get financing for this. So in the next Commission meeting, we will come with a purchase and sale agreement, which will be conditioned upon financing so that I could be able to transfer the properties to the Liberty City Community Economic Development Corporation, which will then assign it to the development. Commissioner Spence -Jones: Doug, do you --? Eric Thompson: Commissioner, I want an opportunity to thank you guys allowing this item to come before you all. One of the boards that I sit on, I sit on the University ofMiami Sylvester Cancer, which makes up of the Liberty City Health Advisory Board, and sitting on that board, came across my desk, there's a lot of people that have cancer and returning vets that don't have place to live, especially that comes from Liberty City, and this will provide not only the supportive service, but it will provide real quality low-income housing for them, so I appreciate very much. Thanks. Doug Mayer: Yes, Doug Mayer. My company is called Stone Soup Development, and my offices are at 2130 Northwest 13th Street in Miami. First of all, I wanted to thank George and Commissioner Spence -Jones for supporting this measure. There's been some special money that's been allocated by the state. The total amount is about $28 million that the state is putting out to do housing for people with developmental disabilities. We have met with people from Easter Seal Society. We have a meeting next week with people from Goodwill Industries. We're going to be meeting with United Cerebral Palsy, and what we're trying to do is do housing with supportive services so that these people can have a decent, safe place to live and get the social services that they need in order to live there successfully. We think this is a great partnership, public/private, and we look forward to putting the application in. It's due November 10, and with the support of the City, I think we have a real shot at winning some of these funds. By the way, 90 -- about 92 percent of the funding would come from the state, and we've already gotten a small support that we need, a local match from the county. We're asking for no City dollars. We're just asking the City for the land. Thank you. Commissioner Spence -Jones: Thankyou. Chair Sarnoff Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff Okay, so here we go, PZ's (Planning & Zonings); think we could do it in a half an hour, guys? Commissioner Spence -Jones: Sure. Vice Chair Gort: Yeah. Commissioner Spence -Jones: So you -- we're not -- we're going to roll our district pages over, or we're going to deal with the district items? Chair Sarnoff Let's do PZ right now. Commissioner Spence -Jones: Okay. City ofMiami Page 73 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Where we go from there, let's see how far we get. Commissioner Spence -Jones: Okay. Chair Sarnoff 'Cause at 5 o'clock, we're starting budget. Victoria Mendez (Deputy City Attorney): Chairman. Todd B. Hannon (City Clerk): Excuse me, Chair. Madam City Attorney. Ms. Mendez: Chairman, may I read the -- Chair Sarnoff You sure can. Ms. Mendez: Thank you. We will now begin the Planning and Zoning items. I will state the procedures to be followed during this portion of the meeting. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code. Members of the public will be permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or to withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thankyou. Chair Sarnoff Thank you. Okay -- Mr. Hannon: Sorry, Chair. Good afternoon, ladies and gentlemen. If anyone is going to be speaking on today's Planning & Zoning items, can I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. PZ.1 RESOLUTION 13-00763 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") DEVELOPMENT OF REGIONAL IMPACT ("DRI") , A/K/A THE CITY OF MIAMI'S ("CITY'S") SEOPW REDEVELOPMENT AREA PURSUANT TO RESOLUTION NO. 82-755; AUTHORIZING AN AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND AN INCREMENT III DEVELOPMENT ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT ORDER; APPROVING SAID DRI AFTER CONSIDERING THE REPORTAND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ("SFRPC"), THE COMMUNITY REDEVELOPMENT AGENCY, AND THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), SUBJECT TO THE CONDITIONS OF THE City ofMiami Page 74 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORTAND RECOMMENDATIONS OF THE SFRPC INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACTAND CONCLUSIONS OF LAW; PROVIDING THAT THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANTAND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION, THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER. 13-00763 CC 09-26-13 Fact Sheet.pdf 13-00763 Map, CRA Letter & Reso, & PZAB Reso.pdf 13-00763 CC Legislation (Version 2).pdf 13-00763 ExhibitA.pdf 13-00763-Submittal-SEOPW DRI Ill.pdf LOCATION: Southeast Overtown Park West Area [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Clarence Woods, Executive Director, on behalf of the Community Redevelopment Agency of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on July 17, 2013 by a vote of 11-0. See companion File ID 13-00763zt. PURPOSE: This will allow for numerous benefits to facilitate development within the SEOPW area. 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-13-0384 Chair Sarnoff PZ.1. Francisco Garcia (Director, Planning & Zoning): Items PZ.1 and PZ. 2, Commissioner -- I'm sorry -- Mr. Chair and Commissioners -- are companion items. I will introduce them very briefly and yield to the CRA (Community Redevelopment Agency) chairman, Mr. Woods. Item PZ.1 is a resolution for the Southeast Overtown/Park West DRI (Development of Regional Impact) Increment 3, and Item PZ.2 is actually the DRI Increment, itself, before you on second reading. Again, in a nutshell, this is to allow for the next roughly 9 million square feet of development to City ofMiami Page 75 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 take place in the Southeast OvertownlPark West area. I'll certainly answer any questions you may have. I thinkMr. Woods is probably better prepared to do that, and 171 also put in for the record that the Planning, Zoning & Appeals Board reviewed and recommended this item for approval unanimously. Thank you. Commissioner Suarez: Move it. Chair Sarnoff You're recognized. Clarence Woods (Director, Community Redevelopment Agency): I think -- Chair Sarnoff Be brief. Mr. Woods: -- Mr. Garcia's basically said it all. Commissioner Spence -Jones: Put your name on the record. Mr. Woods: Again, yeah, Clarence Woods, the executive director of the Southeast OvertownlPark West CRA. This is before you on second reading, and you guys have seen this already. It's gone through PZAB (Planning & Zoning Appeals Board). It was passed and we're just here to have it passed at the second reading. Chair Sarnoff All right, so let's take a public hearing on -- Commissioner Suarez: Move it. Chair Sarnoff -- PZ.1 and PZ. 2 collectively. But I have a motion by Commissioner Gort [sic]. Commissioner Spence -Jones: So move. Chair Sarnoff Second by Commissioner Spence -Jones. Anyone wishing to speak on PZ.1 or PZ.2, please step up. Hearing none, seeing none, coming back to this Commission. PZ.1 is a resolution. Any discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. PZ.2 ORDINANCE Second Reading 13-00763zt 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 FORAN EFFECTIVE DATE. 13-00763zt CC 09-26-13 SR Fact Sheet. pdf 13-00763zt CC FR/SR Legislation (Version 1).pdf 13-00763zt-Submittal-SEOPW DRI Ill.pdf LOCATION: Southeast Overtown Park West Area [Commissioner Michelle Spence -Jones - District 5] City ofMiami Page 76 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami 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 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 13406 Chair Sarnoff PZ. 2, Mr. -- Madam City Attorney, is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Chair, I do need a motion for this item. Chair Sarnoff Oh, I apologize. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Spence -Jones. It was a second ordinance. It's an ordinance. Mr. Hannon: Roll call on Item PZ. 2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.3 RESOLUTION 13-00573sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET (NORTHWEST 4TH TERRACE) LOCATED BETWEEN NORTHWEST 36TH COURT AND NORTHWEST 37TH AVENUE AND BETWEEN NORTHWEST 4TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA. 13-00573sc CC 09-26-13 Fact Sheet.pdf 13-00573sc Department Analyses, Maps & PZAB Reso.pdf 13-00573scApplication & Supporting Documents.pdf 13-00573sc CC Legislation (Version 3).pdf 13-00573sc ExhibitA.pdf City ofMiami Page 77 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 LOCATION: A Street (NW 4th Terrace) 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 Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0385 Chair Sarnoff PZ.3 Francisco Garcia (Director, Planning & Zoning): Item PZ 3 is before you as a resolution. This is for a street closure for a segment of Northwest 4th Terrace between Northwest 37th Avenue, a major arterial, and Northwest 36th Court, north of 4th Street and south of 5th Street Northwest. This item was continued by the City Commission at the September 26 hearing to this hearing, and we were requested to meet with some stakeholders in the area who had, at some point in time, expressed concerns about this closure. We contacted all that had expressed any concerns, and finally, we were able to arrange for that meeting to take place two days ago, this past Tuesday. The turnout was very low, but I do have to report back to you that the feedback we received was very positive. You'll note for the record that the recommendations throughout have been for denial. That is so based mostly on technical issues that we're certainly happy to address by way of answers. At this point in time, however, we do have a general sense that there are benefits to the closure of this alleyway, which I would also like to address, although I think the applicants are prepared to make that case, and so it is certainly worthy of your consideration. With that, I'll yield to the applicant and answer any questions you may have. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: I'm going to move it for discussion. Chair Sarnoff All right, so we have a motion by Commissioner Suarez; second by Commissioner Gort. You're recognized for the record. Commissioner Suarez: Thank you. My brief discussion is just essentially to make a Jennings disclosure that I did attend the meeting, the stakeholders meeting that the Planning Department City ofMiami Page 78 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 put together, and I essentially witnessed what the Planning director witnessed, as well. There were a few stakeholders therefrom the neighborhood and from the surrounding businesses, and they were in favor of the closure mostly for neighborhood protection reasons, which was to prevent cut -through traffic on 37th Avenue. We have a similar problem just south of that area between 12th Street and 16th Street in an area that is just north of Coral Gate, and we're having -- we are in the process of implementing some traffic control device measures to slow down, and we're also considering doing street closures or at least partial street closures, if not blocking either the eastbound traffic or the westbound traffic in and out of the neighborhood for essentially the same purposes. You know, as our metropolitan area becomes more dense, we, unfortunately, have more cut -through traffic, andl think our residents, at least in my district, have expressed a desire for our neighborhoods to be --for the traffic in our neighborhoods to be neighborhood traffic, not non -neighborhood traffic, so they can walk their dogs, their children and the elderly. So for that reason, for the reason that, you know, there was no stakeholders in opposition and certainly none here today -- there normally would be when there is an oppositional matter -- I'm supporting this item. Chair Sarnoff All right, so we have a motion and we have a second Oh -- on a resolution? Unidentified Speaker: Yes. Chair Sarnoff Oh, I'm sorry, okay. So PZ. 3, anyone from the public wishing to be heard, please step up. Hearing none, seeing none, coming back to this Commission it is a resolution. Any further discussion? All in favor, then please say "aye." The Commission (Collectively): Aye. PZA RESOLUTION 05-00618ac1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN SOUTHWEST 21 ST AVENUE AND SOUTHWEST 22ND AVENUE AND BETWEEN SOUTHWEST 5TH STREET AND SOUTHWEST 6TH STREET, MIAMI, FLORIDA, WITH CONDITIONS AS STATED HEREIN. 05-00618acl CC 10-24-13 Fact Sheet.pdf 05-00618acl Department Analyses, Maps, PZAB Reso.pdf 05-00618acl Application & Supporting Docs.pdf 05-00618acl CC Legislation (Version 2).pdf 05-00618acl ExhibitA.pdf LOCATION: Approximately Between SW 21 st Avenue and SW 22nd Avenue and between SW 5th Street and SW 6th Street [Commissioner Frank Carollo - District 3] APPLICANT(S): David E. Sacks, Esquire, on behalf of Asset Recovery III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on July 9, 2009 by a vote of 4-1. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on July 17, 2013 by a vote of 11-0. City ofMiami Page 79 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 PURPOSE: This will allow the closure of an alley. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.4 was deferred to the October 24, 2013 Commission meeting. Chair Sarnoff All right, PZ.4, I think what we should --do we need to do a motion for continuance for the next Commission meeting? 'Cause I think Commissioner Carollo indicated that. So is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion for continuance to next PZ (Planning & Zoning) meeting. There's a motion by Commissioner Gort; second by Commissioner Suarez. Commissioner Suarez: Yes. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff All right, PZ -- Commissioner Suarez: Does he want it to be continued or does he want it to be tabled? Chair Sarnoff Yeah. Commissioner Suarez: Okay. Chair Sarnoff PZ.5 and 6. All right, we'll go to PZ. 7. You want to hear that, too? How about we go to PZ. 8? That shouldn't -- Francisco Garcia (Director, Planning & Zoning): Sir, ifI may. Going back to PZ 4, I am somewhat concerned that the public hearing was not opened and there may be some people here who wish to speak on the item, even if it's only on the continuance, itself, and l just wanted to dispense with that procedural matter. Commissioner Suarez: Which one? Chair Sarnoff PZ.4. Mr. Garcia: PZ.4, which was just continued Chair Sarnoff Did anybody here --you did. Okay. You're aware that we have continued it to the next PZ meeting? David Sacks: That's acceptable. I understand. Commissioner Suarez: Okay. Chair Sarnoff Okay, thanks. City ofMiami Page 80 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Sacks: Thank you. Chair Sarnoff That's good of you. Thank you. You could stay for a very exciting budget hearing now. Mr. Sacks: I'm thinking about it. Chair Sarnoff Okay. PZ.5 ORDINANCE Second Reading 12-01180lu4 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 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. 12-01180lu4 CC 09-26-13 SR Fact Sheet. pdf 12-01180lu4 Analysis, Maps, Sch. Brd. Review & PZAB Reso.pdf 12-01180lu4 CC FR/SR Legislation (Version 2).pdf 12-01180lu4 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City ofMiami Page 81 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 13407 Chair Sarnoff Let's go to PZ. 8. Well -- Vice - Vce Chair Gort: She's here. Chair Sarnoff (UNINTELLIGIBLE) you're here. I -- okay, so now we're back to PZ. 5. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ. 5 and PZ 6 are companion items. These are a land use change and a zoning change proposed by the City for some parcels that are just east of the Northwest 17th Avenue Corridor, and the purpose basically is to have these potentially serve as accessory parking facilities for some of the commercial -- Commissioner Spence -Jones: So moved. Mr. Garcia: --establishments along 17th Avenue. Chair Sarnoff There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Suarez: Second. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on PZ. 5, PZ. 5, please step up. Seeing none, hearing none, coming back to this Commission, any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. 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 first reading, 4-0. PZ.6 ORDINANCE Second Reading 12-01180zc4 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "74-R" GENERAL URBAN -RESTRICTED AND "73-0" SUB -URBAN -OPEN TO "74-1_" 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 7.1.2.8.8.2, 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 City ofMiami Page 82 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 ATLAS, PURSUANT TO SECTION 7.1.2.8.8.2 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 REVERTANY 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 FORAN EFFECTIVE DATE. 12-01180zc4 CC 09-26-13 SR Fact Sheet.pdf 12-01180zc4Analysis, Maps & PZAB Reso.pdf 12-01180zc4 CC FR/SR 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 12-01180lu4. *See supporting documentation. PURPOSE: This will change the above properties from "74-R" and 73-0" to ' T4 -L". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13408 Note for the Record: Please see Item PZ. 5 for minutes referencing Item PZ. 6. Chair Sarnoff PZ. 6. Commissioner Suarez: Move it. Francisco Garcia (Director, Planning & Zoning): Item PZ 6 was presented along with Item PZ.5. They are companion items. Chair Sarnoff We have a motion by Commissioner -- Vice - Vce Chair Gort: Second. Chair Sarnoff -- Suarez; second by Commissioner Gort. City ofMiami Page 83 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Garcia: I'm sorry, Mr. Chair, sorry to interrupt, but the public hearing for PZ.6 has not been opened. Chair Sarnoff I was going to open it. Mr. Garcia: My apologies. Chair Sarnoff That's okay. Anyone wishing to step up and present on PZ. 6, this is the public hearing. Seeing none, hearing none, the public hearing is closed; any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on item PZ. 6 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.7 ORDINANCE First Reading 11-00144zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO INCREASE THE NUMBER OF ESTABLISHMENTS PERMITTED IN THE WYNWOOD CAFE DISTRICT, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM 25 TO 40; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00144zt CC 10-24-13 SR Fact Sheet. pdf 11-00144zt Color Maps.pdf 11-00144zt CC FR Legislation (Version 1).pdf 11-00144zt ExhibitA.pdf LOCATION: Wynwood Cafe District [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will increase the number of alcoholic beverage establishments permitted within the Wynwood Cafe District from 25 to 40. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 84 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo Chair Sarnoff PZ. 7. Gregory Gay (Planning): For the record, Gregory Gay, presentation. Thankyou. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.7 is before you as a first reading ordinance. This is for the expansion of alcoholic beverage establishments in the Wynwood cafe district. You may recall that approximately two years ago, slightly shy of that, the area of the district was increased by approximately 50 percent. At that time, the cap for beverage licenses -- alcoholic beverage license, I should have said -- was not expanded because there were some left. Now, they are close to having expired all of them, and there is certainly a demand for additional licenses. We are recommending approval of this item. This would increase the licenses from 25, which have all been taken up presently, to 40; again, commensurate with the expansion of the area. The department recommends approval for this item. 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. 7, please step up. You're recognized for the record. Al Crespo: Al Crespo, Miami Shores. You know, when you say that the area has been increased by 50 percent, is that 50 percent of businesses have been increased or 50 percent of residences have been increased? And are you increasing the number of drinking establishments because it's --you know, you've increased the number of households in the area? Mr. Garcia: Through the Chair? Chair Sarnoff Yeah, go ahead Mr. Garcia: Yes, sir. To address the gentleman's questions, I was alluding to the area itself, the geographic area of the district. Now, this is basically a regional destination, so the number of establishments there is not tied directly to the number of residents in the area. In fact, there is a very low residence ratio in that particular area, given that the zoning is mostly industrial by nature. It is, however, meant to cater to the community as a whole, and since there is demand for additional establishments, we want to increase at this time the number ofpotential establishments. I should also specify for the record that each of these applications for each of these alcoholic beverage establishments have to go through a warrant process, which warrants review, and ultimately, approval by the Planning & Zoning Department. Those permits, themselves, could be appealed to the Planning, Zoning & Appeals Board or the City Commission through a public hearing. Mr. Crespo: Just very quickly, ladies [sic] and gentlemen of the Commission, when the gentleman just said there's a demand for it, is that demand in writing? Has it been a study? Is there arty justification for this? City ofMiami Page 85 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Garcia: Through the Chair. Chair Sarnoff Go ahead Mr. Garcia: Yes, sir, we have received applications by business owners in the area, and we've had to turn them away because we don't have any more to give at this moment in time. Mr. Crespo: That's applications; that's not a study. That doesn't say that the area as a whole deserves more drinking establishments. Chair Sarnoff Okay. Mr. Crespo: Okay, I know this is not the -- this is obviously not the place to do that. I'm making a public records request for that information. Thank you. Chair Sarnoff Okay. Well, we hada --did we have a motion and a second on this one? Commissioner Suarez: Yes. Commissioner Spence -Jones: Yes. Todd B. Hannon (City Clerk): We do, sir. Would you like to close your public hearing? Chair Sarnoff Close the public hearing. Anybody else wishing to be heard on PZ. 7, please step up. Hearing none, seeing none, the public hearing is closed. Arty further discussion? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Mr. Hannon: Roll call on item PZ. 7. Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Don't take this the wrong way, and it's very hard to vote when Mr. Crespo says anything, because you always want to go opposite of what he has to say, but having said that, you know, I know there are a lot of establishments out there, Mr. Planning Director, that are holding their certificates, and l just wonder if we really do put 40 of them out there if that is what is desirable for that neighborhood. To me, 40 is a lot. So for right now -- andl could be swayed -- I'm going to vote "no. " In none of the meetings, any of the briefings was I -- was it ever established to me that what 40 businesses with liquor licenses would look like. Mr. Garcia: That is a fair statement, sir. And just again to address the issue as you bring it up, we feel comfortable with recommending the increase perhaps to a number greater than there is interest for presently because, once again, on a case-by-case basis, each additional establishment would have to apply for a warrant, which, as you know, has a number of City ofMiami Page 86 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 safeguards attached to them, and if at some point in time we feel that there is adverse impact that results from these, we certainly have the ability and we have in the past denied these applications. Chair Sarnoff Would you for the -- 'cause I'd like to support the second reading on this. Could you show me a Google map of what you think the anticipated 40 would look like and where they'd be situated? I know that's very prospective, but I'd like to see that. Mr. Garcia: We're happy to try it, certainly. Chair Sarnoff Thank you. All right, PZ -- Mr. Hannon: Chair. I'm sorry, Chair. So I will record you as a "no" vote. Chair Sarnoff PZ.8 -- yes. Mr. Hannon: The ordinance passes on first reading, 3-1. PZ.8 ORDINANCE In Commission 13-00961 ct AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO LARGE SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3184, FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP ELEMENT AND THE 2020 FUTURE LAND USE MAP SERIES TO: 1) CHANGE THE NAME OF THE SOUTHEAST OVERTOWN/PARK WEST RESIDENTIAL DENSITY INCREASE AREA OVERLAY TO THE SOUTHEAST OVERTOWN RESIDENTIAL DENSITY INCREASE AREA OVERLAY; 2) MODIFY THE BOUNDARY OF THE SOUTHEAST OVERTOWN RESIDENTIAL DENSITY INCREASE AREA OVERLAY, AS DEPICTED IN EXHIBIT "A"; ATTACHED AND INCORPORATED AND 3) ESTABLISH THE PARK WEST RESIDENTIAL DENSITY INCREASE AREA OVERLAY PERMITTING UP TO 500 DWELLING UNITS PERACRE, AS DEPICTED IN SAID EXHIBIT "A"; WHILE MAINTAINING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00961ct CC 10-24-13 SR Fact Sheet. pdf 13-00961ct Analysis, Maps, School Concurrency.pdf 13-00961ct CC Legislation (Version 3).pdf 13-00961 ct Exhibit A. pdf LOCATION: Approximately the Southeast Overtown Park West Area Generally Bounded by Biscayne Boulevard on the East, 1-395 on the North, 1-95 on the West and NW 5th Street and NE 6th Street to the South [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): City ofMiami Page 87 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will amend policies of the Interpretation of the 2020 Future Land Use Map of the Miami Comprehensive Plan to: 1) Change the name of the Southeast Overtown/Park West Residential Density Increase Area Overlay to the Southeast Overtown Residential Density Increase Area Overlay; 2) Modify the boundary of the Southeast Overtown Residential Density Increase Area Overlay; and 3) Establish the Park West Residential Density Increase Area Overlay permitting up to 500 dwelling units per acre. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Sarnoff PZ.8. Francisco Garcia (Director, Planning & Zoning): Item PZ 8 is a first reading ordinance before you to amend the Miami Comprehensive Neighborhood Plan. This is a proposal to increase the density area in Park West from a density presently of 300 units per acre to 500 units per acre. This has been recommended for approval by the department. If it is approved on first reading today, this item will be referred to Tallahassee for their concurrency study, and it would come back to you for second reading potentially a month or two months from now. Commissioner Spence -Jones: AndMr. Chairman, I just wanted --I know -- andl saw Overtown on here in the increase in density. I kind of -- but then it was explained to me it's really, more or less, your area and Park West, right? Chair Sarnoff Yeah. And just so you know my thinking on this, Commissioner, because it'll help the tax base significantly, and it will be -- I think the natural occurrence will be very close to Biscayne Boulevard. Commissioner Spence -Jones: Yes. Chair Sarnoff And that will help the CRA (Community Redevelopment Agency) and that will help -- Commissioner Spence -Jones: Yeah. Chair Sarnoff -- the Grove. Commissioner Spence -Jones: I just wanted to make sure -- Chair Sarnoff Yes. Commissioner Spence -Jones: --for those that see it, I don't want them to get the wrong impression -- Chair Sarnoff No, I get it. Commissioner Spence -Jones: -- that we're saying more density in O.T. (Overtown). That's all. Chair Sarnoff All right, so a public hearing on PZ. 8; anybody wishing to be heard on PZ. 8? Hearing none, seeing none, I think -- did I get a motion and a second? City ofMiami Page 88 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Todd B. Hannon (City Clerk): Not yet, sir. Chair Sarnoff Is there a motion? Commissioner Suarez: Move it. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner -- Commissioner Suarez: Second. Chair Sarnoff -- Suarez. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Mr. Hannon: 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, 4-0. 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 DISTRICT 2 CHAIR MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 13-01056 DISCUSSION ON TRASH HOLES. 13-01056 Email - Trash Holes. pdf NO ACTION TAKEN D2.2 DISCUSSION ITEM 13-01096 City ofMiami Page 89 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 STATUS OF HIRING POLICE OFFICERS. 13-01096 Status - Hiring Police Officers.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 13-00723 FOLLOW UP ON RECRUITING. 13-00723 Email - Recruiting.pdf NO ACTION TAKEN D3.2 DISCUSSION ITEM 13-00678 ILLEGAL BILLBOARD. 13-00678 Email - ILLegal Billboard.pdf NO ACTION TAKEN D3.3 DISCUSSION ITEM 13-00753 UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf NO ACTION TAKEN D3.4 DISCUSSION ITEM 13-01097 FOLLOW UP REGARDING SEPTEMBER 30, 2013 AUDIT. 13-01097 Email -Audit -September 30, 2013.pdf NO ACTION TAKEN D3.5 DISCUSSION ITEM 13-01107 FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-01107 Email - Compliance with Financial Integrity Ord.pdf NO ACTION TAKEN City ofMiami Page 90 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00665 UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-01110 UPDATE AND DISCUSSION ON CURLEY'S HOUSE OF STYLE, INC. (HOPE RELIEF FOOD BANK). 13-01110 Email - Curley's House (Hope Relief Food Bank).pdf NO ACTION TAKEN NAA DISCUSSION ITEM 13-01169 END OF DISTRICT 5 NON AGENDA ITEM(S) MADAME CITY ATTORNEY, JULIE O. BRU, PROPOSED TO HER PARTNER OF 10 YEARS, OFFICER SUZY IZAGUIRRE, IN THE MIAMI CITY COMMISSION CHAMBER. DISCUSSED Julie O. Bru (City Attorney): I have asked the Chairman for a point of privilege on a personal announcement, and, Chief, ifI could have your cooperation. Now I'm really going to be for a loss of words. There's this very special reason why I wanted to do this here. When I started working for the City ofMiami, just a few days later, I was sitting right there at a civil service hearing when I got the news that my son was terminally ill. It was the employees of the City of Miami, the employees that I had just met, particularly the firefighters, that helped me to get through the most difficult time of my life. Later on, a few years later, when I was sitting there and the Commission was hotly debating whether or not to impose a residency requirement on City employees, I got the news that I was going to have a baby. And again, it was my City family that showered me with gifts and joy. Well, for the last more than 10 years, Officer Izaguirre and City ofMiami Page 91 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 I have been living in a beautiful committed relationship. We've raised four beautiful children. We have three wonderful grandkids. And we've lived very openly as committed individuals, and have to celebrate that the City ofMiami, my bosses, our employees, her boss, her coworkers not only tolerated our alternative lifestyle, but accepted it. And think that that's important to be acknowledged and celebrated And that's why in this special place that has been my home, I want to -- Applause. Ms. Bru: -- Even though we can't do it in the State of Florida, we're going to -- if the Chief allows her -- we're going to go to New York to get married and live happily ever after as wife and wife. Thankyou, Mr. Chairman. Applause. Susellzaguirre (Police Recruit/City ofMiami): I do. Ms. Bru: Commissioner Sarnoff, you know that a good lawyer never asks a question that they don't know the answer to. Chair Sarnoff Right answer to that question. NA.2 DISCUSSION ITEM 13-01170 District 4- DISCUSSION BY COMMISSIONER SUAREZ REGARDIING POSSIBLE Commissioner AMENDMENTS TO THE MIAMI 21 ZONING CODE, SPECIFICALLY BY Francis Suarez AMENDING SECTION 3.15, ENTITLED "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" BY PROVIDING CERTAIN INCENTIVES FOR MIXED -INCOME AFFORDABLE HOUSING DEVELOPMENTS. 13 -01170 -Submittal -Email from Commissioner Suarez regarding 9-26-13 Pocket Item.pdf 13 -01170 -Submittal -Planning Department -City of Miami Projects.pdf I1] F10111*14 Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Yes, sir, you're recognized. Commissioner Suarez: Before you adjourn the Planning & Zoning portion of the meeting, I just have a -- I guess it's considered a pocket item, 'cause it didn't make the agenda, and it's hard to make an agenda 'cause it has to be in the following Monday, but it was sent to all Commissioners and within the five-day rule. It's just a discussion item. The only action that I'm requesting, it has to do with -- I don't know if you recall when we passed the affordable housing piece of legislation, I made you a promise, and the promise was that I would come back with some language that supported mixed -income housing, and you said you would you know, be more favorably disposed to -- thank you --legislation if it had a mixed income component. Well, what I sent to the Commissioners within the five-day rule is very, very, very minor adjustment to the affordable housing piece of legislation, but it does provide for a mixed income component, and it essentially treats developments that have mixed -income building and provide at least 50 percent of affordable housing and are located within a residential density increased area as an affordable housing development eligible under the affordable housing legislation. Now, all I'm asking for here today is simply that it go to the Planning & Zoning Board and then, obviously, depending on what the Planning & Zoning Board does, it will come back to the Commission and City ofMiami Page 92 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 we'll actually have time to debate, discuss, decide whether it's a good piece of legislation or a bad piece of legislation. I know that the Planning director andl have been talking about -- and he's been in the process of providing a study on the impact of the affordable housing legislation that, you know, we enacted, and I know that this Commission had requested specifically that it come back for further study and analysis. So what I'm asking for here is very simple; it's just simply that it go to the Planning & Zoning Board meeting; it's not that we take any action, that we pass it on first reading or anything like that, but I did want to remind the Commission that I did make a promise that I would have a mixed income component, and this is something that I think can incentivize mixed income developments. Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Thank you. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I want to speak as a Commissioner that, within the next year, year and a half, two years, is going to have 11 affordable housing projects in his district. Commissioner Suarez: That's fantastic. Commissioner Carollo: Well, yes and no. Commissioner Suarez: From my perspective. Chair Sarnoff Well, you and I agree. Commissioner Carollo: Yes and no. Everybody knows that I have not been against affordable housing, but when you have it all convoluted in one small area, I don't think that is smart growth. I can tell you, I've met with a lot of the property owners there, and they're thinking that a lot of that area in West Brickell should actually have a natural state where it continues the development of Brickell down west, and then all of a sudden, we have -- I think the last I spoke to our director ofPlanning & Zoning -- 11 new affordable housing in that small little area. So everything that deals with affordable housing now, I am very cautious because of what has occurred I can assure you, anything with mixed income is going to affect my district prior to affecting anyone else citywide, because just look at the numbers. I'm going to have 11 new affordable housing projects in my district. Most of them, you go through I-95, you could see them already. So all I've requested is time with this. I understand one of the affordable housing developers that, I guess, has a strong lobby is pushing for this, but at the same time, I really do believe that we need to move cautiously. And let me tell you something: In all fairness, I may be in favor of it. All I'm asking, once again, I need time to study it. And realistically, there's a lot of things going on. I mean, you're going to see, I'm sure, a room full of officers and residents pretty soon, and I think it's something that is a priority. At the same time, I have spoken in length with our director ofPlanning & Zoning, which, as you all know, I think he's a very good director, and I have asked him point blank, "Are you ready for this to go to P&Z (Planning & Zoning) in October?" The answer was, "no. " And won't put words into his mouth. I mean, he's there. I'm sure he could speak for himself. Francisco Garcia: Thank you, sir. Briefly, to address this issue -- Francisco Garcia, Planning & Zoning director. I have prepared --and this maybe germane to this particular presentation and it may not be; I will let you determine that, of course. But I've prepared what I call an advance draft study, attempting to address that was actually put to us when the original legislation was passed, providing certain incentives to the affordable housing industry to be able to develop. I think the results speak for themselves. I think that, certainly, there has been success, and we have been able to accept more affordable housing developments in the City of Miami that otherwise would have been possible and certainly at greater efficiencies for the City ofMiami Page 93 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 industry. That said, what I still feel I owe this Commission is the full report with all the data that you had requested. We are in the process of completing that, and it is for that reason, above all, that I would prefer to be able to present that to you prior to taking additional steps. Having said that, we certainly take direction from the Commission. Commissioner Suarez: And let me just -- may I? Chair Sarnoff Yeah, sure. Commissioner Suarez: Thank you. No, first of all, I don't think disagree with arrything you said I actually agree with everything you said. I think anytime apiece of legislation in effect disproportionately impacts a district, it's incumbent on that district Commissioner to investigate it, to see what's going on, see if it's a positive or a negative thing. We may disagree about whether it's a positive or a negative thing, I'm not sure. You know, we'll -- Commissioner Carollo: Of course. Commissioner Suarez: -- andl thinkyou're open-minded You seem to be open-minded about going down this path and deciding, you know, at the end of that discussion and due diligence, whether it's a good or a bad thing it's something we want to continue to promote or not, and I'm open to that as well. My thing here with this specifically, I don't think that's inconsistent with what you're trying to do. I think what you're trying to do is be careful. I think you're trying to take your time. I do -- with all due respect, don't like the implication that it has to do with a strong lobby. I mean -- Commissioner Carollo: I'm telling you because I've seen it. I've been strongly lobbied on this. Well, this mixed income isn't new, and I've said "Hey, listen, it might be something real good, but the bottom line is I need time to study it, I need time to speak to my director. " So I've seen the push. I've seen the push, so I'm not directing it towards you. Commissioner Suarez: No, no, I know that. Commissioner Carollo: I -- you know I'm always straight up with everybody. Commissioner Suarez: Yeah. Commissioner Carollo: And I say it how I see it, and I've seen the push. And realistically, you know, the bottom line is that I have never and will continue not to be bullied by anybody. Commissioner Suarez: Sure. Commissioner Carollo: And all I've said is, "Listen, you either vote it up or you vote it down. The only thing I request, that I have sufficient time to study it and make an educated and prudent decision. " And I have not. I have not had time to study it. I have not had time -- and 171 go a step further. The director has told me, "Commissioner, I have not had enough time. " So I just don't want to, you know, continue in this path when, in all fairness, you know, it's going to affect properties or buildings in District 3. Commissioner Suarez: Yeah. And again, I don't know how you define -- well, let me not even go there. We get lobbied on a host of issues. It's our job, I think, to decipher what we are passionate about and what we think we want to advance or not advance in terms of public policy. That's our job. So it doesn't really matter whether somebody lobbies us for or against anything. From my perspective, that's just an opinion. We can be lobbied by a variety ofpeople, whether they be residents or anyone. It's up to us to decide whether it's worth bringing or not worth bringing based on our philosophy, et cetera. Again, I don't think this is inconsistent with City ofMiami Page 94 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 what you want. What I think you want is time. Right? Commissioner Carollo: Absolutely. Commissioner Suarez: Andl don't think this is inconsistent with that. That's why I didn't bring it like other -- has happened in other occasions where somebody puts something in front of you and says, `7 want you to vote on this. " I brought it as a discussion item within the five-day rule, the legislation attached It's -- I think it's a -- one line of legislation which has an impact, and that's what you want to study, andl understand that. My issue is, because I'm passionate about it, I want to get the ball rolling. And that doesn't necessarily mean that it's inconsistent with, I think, your timeline or even the director's, for that matter, to be honest with you, because going to the P&Z Board meeting -- I don't know when the October meeting is, but that's several weeks in the future. Mr. Garcia: We have two in the month of October, but the first one is actually October 2, so it's right around the corner. Commissioner Suarez: Okay. Mr. Garcia: The second in October may be eligible for -- Commissioner Suarez: Okay. So it'll be -- Victoria -Vctoria Mendez (Deputy City Attorney): October 16, I believe. Commissioner Suarez: Right. Ms. Mendez: October 16. Mr. Garcia: My apologies. Commissioner Suarez: So maybe October 16, and then it would come to City Commission at some point thereafter. So we're talking about at least another month, month and a half. And then by the way, we don't necessarily have to take action on it. I just want to get the ball rolling. And you have time to look at it. I think the piece of legislation is very simple, it's very straightforward in terms of its impact and the analysis. I've also been working with the Planning director on the impact of the legislation, and at the end of it all, I hope we see it the same way, because we normally do see things the same way, but we might not in this particular case. I just don't -- I don't think it's inconsistent with what you want, and I think you want is imminently reasonable. You've had a disproportionate impact in your district, and you want to study it, and I don't think sending this to PZAB (Planning & Zoning Appeals Board) prevents you from doing that. And if -- I'll put it to you this way: If it comes back to us in December, in November or whenever, and you're not comfortable because you don't feel like --you know, then we can defer it. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yeah, yeah, I'm sorry. Commissioner Carollo: In my conversations with the director just yesterday, he told me he did not feel comfortable with this legislation moving forward to the PZ&B [sic] in October. If his mind has changed I'm not sure. All I know is that I have not had adequate time to review it, look at it, andl can tell you that this is not something that I'm taking lightly, because in all fairness, it will affect District 3. And everything that happens to have anything dealing with affordable housing, from now, I think at least this Commissioner, which is definitely going to be affected by City ofMiami Page 95 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 affordable housing, needs to look at it, study it, analyze it, and take the time that he feels he needs -- or I feel I need in order to make a prudent and educated decision. I have not had that time. I understand what you're saying, but you know what? We're moving this process along, because of one of the developers that, again, has a building in my district or in District 3 and now wants to rush it through, and that's the bottom line, and I don't believe in the rushing through. I just don't believe in that. Commissioner Suarez: And I don't disagree with you, and again, I don't know why -- I don't think what we're saying is inconsistent with each other. I really don't. I think -- Commissioner Spence -Jones: But I just -- guys, I just want to be clear, 'cause maybe I just got lost in the midst of it, but we're not voting on a resolution, right? Commissioner Suarez: No. Commissioner Spence -Jones: That's -- 'cause I haven't seen it myself, either. Commissioner Suarez: We're just asking it to go to PZAB in a few weeks, and then it comes back to us so -- Commissioner Spence -Jones: But the reason you wanted to bring it up here and not just give it to Administration and then share it, you just wanted to just deal with it now? Commissioner Suarez: Yeah. I just -- I -- well -- Commissioner Spence -Jones: You just wanted to give direction or you wanted to bring it up so that we could have a debate or discussion about it? Commissioner Suarez: When we passed affordable housing legislation, the only vote -- person who voted against it --I thought we all took ourselves --that very seriously. I took that process very seriously. I spent nine months working on that piece of legislation, and I met with a variety of stakeholders. Homeowners associations, Miami Neighborhood United supported it. It was a very long and arduous process. And I admitted at that time there is no perfect piece of legislation. There can always be unintended consequences. The tax credit system, for example, is not perfect, and it's a contract that we kind of have to live with because that's -- it is what it is. But I did say at the time -- and the Chairman was the lone person who voted against it at that time on second reading. By the way, you voted in favor of it on first reading, and you said the reason why you voted against it was because it didn't have a mixed income component. And I said "Mr. Chair, I will bring it back. I will bring back a mixed income component. I think you're right. I think we do need to support mixed income. " And actually, the Planning director andl had a lot of discussions at that time about how do we weave into it mixed income. I just thought we were on the cusp of a big tax credit cycle, and we wanted to take advantage of that opportunity, which turned out to be an opportunity that bore fruit. Whether that fruit is good fruit or bad fruit, I'm sure we're going to discuss and debate, you know, vociferously and adamantly. Maybe -- by the way, at the end of it all, maybe I'm convinced of Commissioner Carollo's position, you know, once his diligence is done and he brings forth whatever information. Yes, I know I have some questions. I know I had some questions of the Planning director when he -- when I asked -- I also, Commissioner Carollo, asked for the information regarding what kind of an impact has the legislation had, and the Planning director provided me some preliminary information. I said, `meed more data. I need" -- andl asked three specific questions that I needed, and I'm yet to receive that information. I just don't think that we have to necessarily stop going, moving forward, even though it's not even going to be before us for at least another month. Maybe when it comes before us, we say, "Look, we're still not ready, " and we can always defer. By the way, we can always vote it down also. So we have that process. I just don't seethe purpose in not moving the ball when we can. That's just my perspective. City ofMiami Page 96 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff Can I just say something? Commissioner Carollo: Yeah, and just real quick. Just -- Chair Sarnoff Go ahead Commissioner Carollo: I don't think we're not moving the ball. The Administration is looking at it. I mean, moving the ball doesn't mean it has to go to PZ&B [sic]. Moving the ball is our director looking at it, and he has been looking at it. Commissioner Suarez: What's the problem? I don't understand Commissioner Carollo: That is moving the ball. Chair Sarnoff You know, obviously, I'm the guy here that kind of puts the bridles on affordable housing, andl do feel for you, andl'm not a natural ally a lot of times. I absolutely agree with your sentiment and what your feeling is. What you're seeing is monolithic buildings of all affordable housing going on areas that you believe --and I happen to agree with you --that could have been market rate, that would have provided the City ofMiami with the necessary tax base that the next issue we're going to face, better known as the budget, would have facilitated much larger pie in which to distribute. And in point of fact --just to use some numbers for you, 'cause I thinkyou'd like this -- the City ofMiami has 488 acres of what they call -- it's actually HUD (Housing and Urban Development) housing, so that is non-taxable housing. In case you're wondering how big 488 acres is, ifI were to take a city blockfrom 87th Street, it would reach all the way to Coral Way. That's non-taxable housing. That means that about two and a half million dollars would not hit our general fund and about $700, 000 would not -- no, no, no, hear me out, 'cause I get his point. But I agree with what's moving forward because no longer are you considering monolithic, only affordable housing units. I haven't looked at this. I haven't studied this. I haven't met with the Planning director a whole lot on this. We mentioned it a couple times. I feel for you because I think you're right. I think, based on maybe the law of unintended consequences or maybe the law of intended consequences because of the credits they get for transit -oriented development -- they're putting them all right by the Metrorail Station -- I completely understand and happen to agree with you. Andl don't know how I'm going to vote on this, 'cause I'm certainly capable of voting "no" on affordable housing for reasons that I think, like you, the City should be able to develop where and when it can at market rate; where it can't, unaffordable. But if we're going to have affordable housing in the City ofMiami, it should not be monolithic buildings (UNINTELLIGIBLE). It should be mixed incomes. So I'd like to see it. I certainly am probably your biggest ally up here, because I don't want to see what happened to your district happen again or any further, because you are going to get and you are likely to get a significant amount based on the credits that they get for transit -oriented development. So,you know, I'd like to study this, but you have a natural ally next to you in terms of what you've gone through and what you will go through. Commissioner Carollo: Exactly, Mr. Chairman. And at the same time, you and I both know that it's only a natural transformation of Brickell Avenue to keep heading west right into the West Brickell, and it's primed for it. As a matter of fact, we now have the Aloft Hotel there on 2nd Avenue. There is a lot of development that soon will becoming there also. And like I said you see it, I see it. You know, we share that area, and it's a natural transformation of Brickell Avenue moving west towards I-95. So again, listen, you all know that I'm consistent, and once again, I'm being consistent, especially now that you're seeing something that probably no one else is going to have to deal with, except the Administration and myself, this, the pros and the cons. So all I'm saying is, hey, I need to slow it down to be able to really understand about this mixed income component. I may be in favor of it. I mean, they may have a strong ally in me. The bottom line is I need time, and speaking to the director and respecting -- I don't want to say his wishes -- but City ofMiami Page 97 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 respecting what he has told me, he wants time to study it, and I think that is moving the ball forward. I mean, every time some -- an issue with Planning & Zoning comes up, I always reach out to the director, you know, and City Manager, and at the same time -- it's not Alice. It's usually Johnny. But anyways, the bottom line is, I reach out to them and we speak about it because, in essence, they're the experts. So if -- as late as yesterday, they're telling me, "Commissioner, we need more time. " And I don't even know the study he's doing or he wants to do, I really don't, 'cause I'm not a Planning & Zoning director but -- Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Mr. Director, what -- Commissioner Carollo: -- that is moving the ball forward. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Wait, let's hear from the director. Do you mind? Let's just hear -- Mr. Garcia: I'd simply like to say the following: I have expressed reservations about moving forward immediately, because when we come before you, we like to come before you prepared to provide answers to the questions that you have. And at this point in time, I have to be frank with you and tell you that I don't have those answers yet. There are two aspects to this issue. There are quantifiable aspects, and we think we have a very firm grasp of what the quantities involved are. You see before you, we've distributed some of the relevant matrices, and we are preparing an in-depth study in terms of how many of these developments have taken place, where exactly they've taken place. We have a good grasp of that; exactly what their competition is in terms of AMI (Area Median Income), other relevant factors, and also -- we would be remiss not to do it -- better understanding the aesthetic impact that these have, so how many variances or how many waivers they have each received; what efficiencies have resulted from these waivers. So we want to have those matrices complete. And then we would also like to look a little bit more in depth as to what has resulted in the congregation of these development types, especially where they have -- and to see whether they can happen elsewhere in the City or what the likely trends might be. I would like it best, ifI could come before you and before the PZAB as well, by the way, with that set of complete information. At present, I don't have it. Having heard this discussion, of course, it is clear to understand that there is a desire to have this conversation move forward, and we're happy to complete it in all due haste. We'll do that and comeback to you within a month with a complete report. If you can give us that time, we'd certainly appreciate it. Having said that, I'll add as well, because this is factual, we are sensitive to the fact that the funding cycle for these developments is nearing, and so there are probably developers out there wanting to make a decision one way or the other, and that, too, is relevant. We should not ignore that. Commissioner Suarez: Of course. Mr. Garcia: Having said that, again, the best we can do is probably within a month have a complete study for you, and we can go from there. Chair Sarnoff Well, let me ask you a question, because will these developers --something I did vote against -- would these developers still be going through a building cycle where they're going to propose monolithic buildings to be still built in the City ofMiami; whereas, if we move this forward, we would at least have mixed income buildings moving forward? Do you follow my question? Mr. Garcia: Perfectly well. Absolutely, the regulations that allow for some of the waivers that City ofMiami Page 98 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 these development types have obtained in the recent past are in place today. However, they are in place and available only to the 60 percent AAW or under develop -- Commissioner Suarez: Projects. Mr. Garcia: -- development proposals. Others that are mixed income in nature would not be eligible for those. Chair Sarnoff So if -- and here's what I'm hearing from you, and correct me, and please do so if I'm wrong. So if we do nothing, there will be developers coming to us with monolithic, 60 percent AAW buildings, adjusted median income Miami -Dade County, which means they will be all poor buildings, only filled with people of limited resources; whereas, if we at least study this and move it along, we have the potential to create mixed income buildings where people are probably 60, 80, 120 percent ofAAW Mr. Garcia: That is one way to look at it, yes, exactly right. So you're exactly right in what you are saying. On the other hand quite frankly, we are not in a position right now to recommend to you as a Commission that the result you would be getting otherwise would be desirable either. That's what we don't have a handle on. Commissioner Suarez: And let me just say -- Chair Sarnoff That's what my point is. If we do nothing, he could end up with 14 buildings like this. Commissioner Spence -Jones: I think -- but Mr. Chairman, I think the issue -- and -- 'cause I understand what both are trying to say. I think Commissioner Carollo is just saying he just needs a little bit more time and -- Commissioner Suarez: I have no issue with that -- Commissioner Spence -Jones: I mean, I don't -- Commissioner Suarez: -- at all. Commissioner Spence -Jones: -- and I don't think, Commissioner Suarez, you're not necessarily -- I mean, we can bring this back at the next -- Commissioner Suarez: I have no issue with him needing more time. On the contrary, I think he deserves and, you know -- I want to know what he wants to know about these buildings as well. And think have outstanding questions, and the Planning director knows. I have issues based on his preliminary report, you know. I wanted a full report as well, andl think the Commission actually asked for a full report a certain period of time after the legislation was enacted, so this is all -- My thing is just there are funding cycles, there are opportunities, and opportunities come and they go. And my thing is, I don't think it's inconsistent to send it to Planning & Zoning Board, which is 20 days away -- okay? -- and still have time for the Commissioner to do his due diligence. And if it comes back and he doesn't feel comfortable, then we just defer it. Or if he doesn't like it or if the --you know, the majority of the Commission doesn't like it, we can vote it down. Commissioner Spence -Jones: And I guess my -- the confusion part, we're not voting on a item. Commissioner Suarez: We're not, no. Commissioner Spence -Jones: We're not voting on a item. You're giving him directives. City ofMiami Page 99 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: Yes. Commissioner Spence -Jones: So I'm just trying to be -- Do you want to wait until the next Commission meeting to do that? Because if we're saying 20 days from -- I'm just trying to understand what -- I want to make sure we're giving Commissioner Carollo what -- exactly what he wants to have happen. Chair Sarnoff Why don't -- You said you wanted 30 days to study it, right, correct? Mr. Garcia: I'd love to have that time. Chair Sarnoff So why don't you -- Mr. Garcia: Yes. Chair Sarnoff -- take 30 days to study it, bring it back to this Commission, and then if you think it's ready to go or if he thinks it's ready to go to PZAB, we'll send it to PZAB. This would put us -- September 26 -- so, theoretically, we'd be the first meeting in November, probably, unless you can get it to the last meeting in October. Commissioner Suarez: And l just want to be clear, it may kill a project doing that. It may. And I'm not saying it will; it just may. Commissioner Carollo: So when you're saying it may kill a project, there's a project in mind that you have for this? Commissioner Suarez: It's not -- I don't have a project in mind, but there are people that have brought projects to -- Commissioner Spence -Jones: Because there's a funding cycle that's coming up Commissioner Suarez: Of course. Commissioner Spence -Jones: That's what he's talking about. Vice Chair Gort: The funding cycle (UNINTELLIGIBLE). Commissioner Suarez: Absolutely. It could kill multiple projects. Commissioner Spence -Jones: Okay, when is the funding cycle again? Commissioner Suarez: I don't know when exact -- Commissioner Spence -Jones: It's November? Commissioner Suarez: I don't know when the exact date of the funding cycle is. Commissioner Spence -Jones: So they don't know when this happen. Chair Sarnoff Do you think you could bring this back? You know when this funding cycle is, Mr. Mensah? Mr. Garcia: No. City ofMiami Page 100 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Vice Chair Gort: He does. Mr. Garcia: He certainly would know. George Mensah (Director, Community & Economic Development): George Mensah. Yes, they have -- actually, they are in the application process right now. Vice Chair Gort: These are taxable properties, right? Chair Sarnoff So help us. What -- Vice - Vce Chair Gort: They pay taxes. We use -- Commissioner Spence -Jones: So when is the deadline, George? Mr. Mensah: There is -- I believe the deadline is sometime in November. They have -- Commissioner Spence -Jones: Can we deal with this at the next City Commission meeting and not be too late? Chair Sarnoff Well, I don't -- that's the point. I'm not sure that Commissioner Carollo is comfortable with that. Commissioner Carollo: Right. Chair Sarnoff Can't we bring this back for a report the second meeting in October? Commissioner Carollo: See, here's the thing: Why is this coming now, the last minute? This should have been addressed back in June, back in April, back in May? No? Mr. Mensah, when did they actually get the --? Andl know we spoke about it, because I read it in the newspaper, andl actually said, "Hey, I read in the newspaper that there's a new affordable housing, " and we had spoken about it. Mr. Mensah: Yes. Commissioner Carollo: Okay, so -- but that was earlier in the year, much earlier in the year. Why didn't something like this come then as opposed to now, last minute, where now I have to rush and look through it and all this, because if not, we're losing funding or they're losing the credit or something like that? Commissioner Spence -Jones: But I think the issue -- Commissioner Suarez is making an adjustment to it now, so that's one of the reasons why it's coming up now. You want it now include -- Commissioner Suarez: Not only that, I would venture to say -- Commissioner Spence -Jones: -- the (UNINTELLIGIBLE) housing, right? Commissioner Suarez: -- I would venture to say -- Commissioner Spence -Jones: It's all -- Commissioner Suarez: -- the first time I saw this piece of legislation -- when was the first time, Mr. Planning Director, you saw this piece of legislation? City ofMiami Page 101 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Mr. Garcia: A draft of that -- and I'm not sure what you have in your hand. Commissioner Suarez: Right. Mr. Garcia: A draft, basically (UNINTELLIGIBLE) we're discussing here today has certainly been familiar to me for at least two, three months, probably upwards of that. I certainly -- Commissioner Suarez: Thank you. Mr. Garcia: -- have been familiar with it for some time. There's no question about that. Whatl will say -- Commissioner Suarez: Definitely had a -- Mr. Garcia: -- I think, to address the concerns of the Commission as I hear them is I am happy to move our timeline forward and have by the October 10 Commission meeting, which I believe is the next available meeting, a report as complete as I can have it. We'll simply move our timeline forward, and that will give us time to address any issues that come up at PZAB if it is the wish of the Commission to have us move that forward. Chair Sarnoff Well, I'm going to respect a lot of what Commissioner Carollo has to say. But on the other hand, if we do nothing and we punt and say, "We're not ready, " there still will be affordable housing -- Commissioner Suarez: Absolutely. Chair Sarnoff -- projects being bid on in a monolithic way, meaning only 60 percent ofAN1I in what will likely be his district based on bonuses afforded by transit -oriented development. Vice Chair Gort: Transit -oriented development. Mr. Garcia: The specific answer to that question is the rules of the game on the City's side will not have changed. Commissioner Suarez: Of course. Mr. Garcia: I cannot speak to Tallahassee's rules; those change on occasion. Chair Sarnoff You're taking a big risk. Mr. Mensah: Commissioner, they are not doing transit -oriented development this time around. Chair Sarnoff Oh, they're not. Mr. Mensah: They're not doing this time around. Chair Sarnoff Okay, that's a difference. Commissioner Suarez: Andl thinkpart of it is probably because, my guess -- andl haven't spoken to you about it, but part of it is 'cause of how successful the City was in the last round of funding, and I think the City received a disproportionate share of funding vis-a-vis the state. So it was a very successful piece of --you may not think it's successful, but it was successful in terms of making the projects more competitive for funding, and they got a lot of funding. I think over 1, 000 units were built, ifI'm not mistaken. But in any event, I really honestly didn't want to have this full-blown conversation because I didn't think it was right, and I agree with the City ofMiami Page 102 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner, actually, on that. I just wanted to say let's advance the ball -- in the meantime while we're continuing the due diligence, let's advance the ball in PZ -- you know, P&Z, which is 20 days away. Chair Sarnoff You know, at the end of the day, you got to leave it in our lap and -- Commissioner Suarez: Exactly, exactly. Chair Sarnoff -- let us make the hard decision. I mean, study it, tell us what you think of it; not in favor; in favor of it -- Commissioner Suarez: Absolutely, absolutely. Chair Sarnoff PZAB in favor of it, but that's why we get paid the really big dollars here. Vice Chair Gort: Do they pay property taxes? Do they pay property taxes? Mr. Garcia: I will defer to Mr. Mensah for that question. Mr. Mensah: Sorry, Commissioner. Vice Chair Gort: Do they pay property taxes? Mr. Mensah: Yes, they do pay property taxes. Vice Chair Gort: Okay, thank you. Chair Sarnoff They're not (UNINTELLIGIBLE). Vice Chair Gort: They're not (UNINTELLIGIBLE). Chair Sarnoff Right, they're not -- Vice - Vce Chair Gort: (UNINTELLIGIBLE) we mentioned a little while ago that all these property tax exempt; they're not. Chair Sarnoff The HUD buildings. Vice Chair Gort: The HUD places, yes, but this is not HUD. This is private sector. Commissioner Suarez: What the Chair -- Alice Bravo (Assistant City Manager/Chief oflnfrastructure): There are discounts and impact fees that are paid in association with these properties. Commissioner Suarez: Yes. Vice Chair Gort: Impact fees. Commissioner Suarez: And, you know, the Chair makes an argument that -- and I think Commissioner Carollo also made an argument that if you had market rate housing, you might get more property taxes. And that's certainly not a bad argument, but you may not have those -- you know, it's really easy to sit here on this side of the dais and say, `If, if, if, " as if we were just kind of playing chess and just moving the pieces along in the board, you know. That's not really the way it works. We may not have had any developments in that area. We may have; we may City ofMiami Page 103 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 not have. The point is that, you know, open market where this subsidy was available, developers were able to take advantage of it and build these projects where, otherwise, there was no projects. So now we have real estate property tax that we didn't have before. That's the way I look at it. But again, my request, humbly, is that it just get advanced to the October 16 Planning & Zoning meeting, and that in the meantime, we get the report 20 days from now from the Planning & Zoning Department. I know they've been working on it, by the way. It's not like it's 20 days from scratch. It's 20 days they've been working on it. They have a preliminary draft. I had some follow-up questions. My guess is Commissioner Carollo had some follow-up questions, and that's it. Mr. Garcia: I can commit to you, Commissioners -- Commissioner Carollo: Mr. Chairman. Mr. Garcia: -- that we will have a report ready for a presentation to you by the 10th -- by the meeting of the 10th, and if you should wish to hear it at that point in time, we're happy to present it. Chair Sarnoff All right, let Commissioner Carollo in the discussion. Commissioner Carollo: Thank you. Again, I don't want to put a timetable on our director of Planning. He requested 30 days. I think that's reasonable. I can tell you, I'm not going to rush into anything with affordable housing. I said it again. I don't see why, all of a sudden, there's a big rush -- Commissioner Suarez: I don't think there is a big rush. Commissioner Carollo: Well, there is, because we're doing this in a pocket item. I mean -- Commissioner Suarez: It's not -- no, no, no. It's not a -- listen, it's a pocket item. It was five days -- sent with five days' notice. It was a regular -- the only reason why it was a pocket item was 'cause it wasn't put on the agenda, but it's -- it was sent to all Commissioners within the five-day rule. It was not as a pocket item as it would normally be referred to. Commissioner Carollo: The bottom line is, I'm saying I need more time with this. I don't want to just send it to the PZAB if Francisco, our Planning director, is not ready with it, ifI haven't even looked at it. And realistically, it's not you they're going to be addressing the issue of affordable housing in this area. You have a map of all the different ones, and last time I spoke to Francisco, we counted 11. Commissioner Suarez: Yeah, I understand that. Commissioner Carollo: It's going to be district -- this district Commissioner. As a matter of fact, if this actually passes or it doesn't pass, it's going to be this district Commissioner, and this district, District 3, that's going to be affected, whether positive or negative. Again, I don't understand. The only thing I'm requesting is adequate amount of time to study it, educate it, and make a prudent decision, and then you all can vote it up or down; what I've always asking for. I just don't feel that we need to now rush it into PZ&B [sic]. I mean, the Planning director, I think, asked for 30 days, andl think that's reasonable, andl think by November -- as a matter of fact, you could bring it back to this Commission in November and, you know, we'll deal with it then, but I think -- I do believe we need adequate time, and we are moving the ball forward, because he is studying it. That's alll have to say. Thank you. Chair Sarnoff All right. City ofMiami Page 104 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Commissioner Suarez: So just to be clear, you're going to bring this back to the next Commission meeting, and then we can decide whether we put it on the October 16P&Z meeting? Mr. Garcia: I'll share with you, Commissioner, two relevant facts that I've heard. I understand on the one hand that everyone on this Commission wants to have a better idea of what the impacts are -- Commissioner Suarez: Agreed. Mr. Garcia: -- andl will commit to you that the study will be complete as soon as we can complete it. I would also, I think, echo the point that was brought forward by Commissioner Sarnoff, and I think you stated it as well, Commissioner Suarez. If nothing changes, if everything stays the same, there are implications to that as well. My conclusion is the sooner we know, the better off we are to make whatever decisions are necessary. You want to know first. I'll be ready to go on October 10, and we can take it from there. Commissioner Suarez: Thank you. NA.3 RESOLUTION 13-01148 District - A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT Commissioner TO SECTION 62-52(B)(3) AND (4), OF THE CODE OF THE CITY OF MIAMI, Wifredo (Willy) Gort FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION LIMITATION PER PERMIT, IN ORDER TO HOST CHRISTMAS TREE AND SPARKLER SALE AT THE CENTRAL SHOPPING PLAZA, LOCATED AT APPROXIMATELY 3701 NORTHWEST 7TH STREET, MIAMI, FLORIDA, OCCURRING EVERY DAY, BEGINNING NOVEMBER 22, 2013 AND ENDING ON DECEMBER 31, 2013. 13 -01148 -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 Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0394 Chair Sarnoff All right, we got two pocket items. One is the Manager's pocket item, and one is Commissioner Gort's, so I'm going to recognize Commissioner Gort. Vice Chair Gort: Thank you. I'd like the attorney -- City Attorney to read the resolution. Victoria Mendez (Deputy City Attorney): Yes, Commissioner. A resolution of the Miami City Commission waiving, pursuant to Section 62-52(6)(3) and (4) of the Code of the City ofMiami, Florida, as amended, waiving the temporary event, two -event limitation per property and two-week duration limitation per permit in order to host a Christmas tree and sparkler sale at Central Shopping Plaza, located at approximately 3701 Northwest 7th Street, Miami, Florida, occurring every day beginning November 27, 2013 and ending on December 31, 2013. Vice Chair Gort: Move it. Commissioner Carollo: Second. City ofMiami Page 105 Punted on 10/21/2013 City Commission Meeting Minutes September 26, 2013 Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Carollo. Any discussion? Hearing none, all in favor, please say "aye. " The Commission (Collectively): Aye. NAA RESOLUTION 13-01149 DepartrnentofPo&ce A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2013-2014 VICTIMS OF CRIME ACT (VOCA)" CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES, IN THE AMOUNT OF $33,859, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,465, IN THE FORM OF IN-KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FORATOTALAMOUNT OF $42,324; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE GRANTAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 13 -01149 -Memo -Pocket Item. pdf 13 -01149 -Summary Form.pdf Legislation. pdf 13 -01149 -Memo -Office of the Attorney General.pdf 13 -01149 -Exhibit 1.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 Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0386 Chair Sarnoff Okay, the Manager has a pocket item. It's a very thick -- Alice Bravo (Assistant City Manager/Chief oflnfrastructure): Thank you. Chair Sarnoff Let me read this real fast. Ms. Bravo: Yes. Chair Sarnoff Okay, I'm educated. Ms. Bravo: Our pocket item is to accept a grant that will help provide Victims Advocate Involvement Services on a continuous basis from this fiscal year to the next. Chief Manuel Orosa: ChiefManny Orosa, Miami Police Department. This is a renewal of a VOCA Victims of Crime Act) grant for a portion of the salary of a victims advocate and that provides victim services to victims. The in matching that you can see there, it's basically the salary we would have to pay the person anyway, so it's free money. My apologies for bringing it late, but we received it on the 19th, and it's due on October 1. Apparently, the state sent it late, and we -- it's due October 1, because if not, we have to lay off the person -- there's no funding there -- and then bring back the person once the Commission approves it, so that's why we need City ofMiami Page 106 Punted on 10/21/2013 City Commission ADJOURNMENT Meeting Minutes September 26, 2013 it today. Ms. Bravo: And the grant has to be executed before you can incur any costs. Chief Orosa: Correct. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff All right, let's take a true five-minute recess and take a bathroom break, and then we're going to go into budget. The meeting adjourned at 5: 49 p.m. City ofMiami Page 107 Punted on 10/21/2013