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Home My WebLink AboutCC 2013-10-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com r, r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, October 24, 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 Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 24, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND 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 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Spence -Jones Absent: Vice Chair Gort On the 24th day of October 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 Commission Meeting was called to order by Chair Sarnoff at 9: 30 a.m., recessed at 11:52 a.m., reconvened at 12: 02 p.m., recessed at 12: 14 p.m., reconvened at 5:10 p.m., and adjourned at 9: 09 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 40 a.m., Commissioner Spence -Jones entered the Commission chambers at 9: 43 a.m., Commissioner Suarez entered the Commission chambers at 10: 26 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniell Alfonso, Acting City Manager ToddB. Hannon, City Clerk Chair Sarnoff Want to welcome everybody to the October 24, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Wilfredo [sic] Willy'Gort, the Vice Chair; Frank Carollo; Michelle Spence -Jones; Francis Suarez; and myself, Marc David Sarnoff, the Chairman. Also on the dais are Danny Alfonso, the acting City Manager; Victoria Mendez, the City Attorney; Todd Hannon, the City Clerk. The meeting will be opened with a prayer by myself and the pledge of allegiance by the Honorable Mayor, Tomas Regalado. I'm not going to ask you to stand. I'm just going to ask you to think for a moment. Invocation and pledge of allegiance delivered. Chair Sarnoff If everybody didn't get the chance to say to their neighbor what they said, please look to your left and look to your right. PRESENTATIONS AND PROCLAMATIONS PR.1 13-01206 PRESENTATION Honoree Presenter Protocol Item Wold Stroke Day Mayor Regalado Proclamation The Late The Mayor and Resolution Commissioner Commissioners (In Memoriam) Rose Gordon Ronnie Brooks Chairman Salute Sarnoff Police Department Commissioner Certificates/Appreciation Commanders/D5 Spence -Jones Resource Officers City ofMiami Page 3 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Community Rel. GSA Department Wells Fargo Bank Commissioner Spence -Jones Commissioner Spence -Jones 13-01206 Protocol Item.pdf PRESENTED Certificates/Appreciation Certificates/Appreciation 1. Mayor Regalado paid tribute to the World Stroke Day Event at the City ofMiami on Tuesday, October 29, 2013 with the collaboration of the American Heart Association and the City of Miami Solid Waste Department. 2. The Mayor and Commissioners presented a Resolution in Memoriam of the former Vice Mayor and Late City ofMiami Commissioner Roselyn Rose Gordon; furthermore expressing deepest sympathy and sincere condolences on behalf of the City ofMiami. 3. Chair Sarnoff presented a Salute and a bicycle with helmet from Region's Bank to Ron Brooks, an avid bike rider, for his fortitude and exemplary record of and advocate of green technology; furthermore honoring his recovery from a horrendous bicycle accident in Coconut Grove. 4. Commissioner Spence -Jones presented Certificates of Appreciation to Jeffrey Sauers and Richard Rios for their dedication in the GSA print shop, in particular, for their print and graphic work for the entire City ofMiami. 5. Commissioner Spence -Jones presented Certificates of Appreciation to the Miami Police Department's Major Delrish Moss, Commanders, Resources Officers and Community Relations Officers that serve District 5. 6. Commissioner Spence -Jones presented a Certificate of Appreciation to Wells Fargo Bank for its Neighborhood Lift Assistance Program and to Frank Newman, the Regional President of Wells Fargo, for their commitment, communion welfare, and the elevation of the quality of life for the residents of the City ofMiami. Chair Sarnoff All right, we will now make the presentations and proclamations, and now the Mayor of this great, honorable city, Tomas Regalado, is recognized for the record. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Chair Sarnoff Are there any meeting minutes we need to be approved, Mr. Clerk? City ofMiami Page 4 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 MAYORAL VETOES ORDER OF THE DAY ToddB. Hannon (City Clerk): Yes, sir. Chair, we have for Commission consideration and approval the Planning & Zoning meeting minutes of September 26, 2013 and the second budget hearing minutes -- Commissioner Spence -Jones: So move. Mr. Hannon: -- of September 26, 2013. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Are there any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, no mayoral vetoes. Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting; City Attorney will then ask the Administration if it wishes to -- well, I guess -- we don't usually do it that way. I'll ask if the Administration has any items they wish to defer, withdraw, or modin, in any way. Mr. Manager. Daniell Alfonso (Acting City Manager): Mr. Chairman, yes. Thank you. Items RE.1 and RE.2, we're requesting to continue to November 21. Commissioner Spence -Jones: RE (Resolution) -- Chair Sarnoff (UNINTELLIGIBLE). Commissioner Spence -Jones: One second; let me (UNINTELLIGIBLE). RE. 1 -- sorry? Mr. Alfonso: And RE. 2. Commissioner Spence -Jones: Okay. Chair Sarnoff Any other Commissioners have any items? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. I would like to defer PH.2 to the November meeting. Andl want to give a heads up; in the PZ (Planning & Zoning) meeting, I'd like to defer PZ.3, PZ.9, and PZ.10. Commissioner Spence -Jones: PZs 9 and 10? City ofMiami Page 5 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff He said PH (Public Hearing) -- Commissioner Spence -Jones: PH.2. Commissioner Carollo: 2. Chair Sarnoff -- 2. PH.2. Commissioner Carollo: To the November meeting. Chair Sarnoff November 21. Commissioner Carollo: Yes, sir. Chair Sarnoff Okay. Any other Commissioners have any other items they wish to defer, mod, or change? All right, can we have a motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones; second by Commissioner Carollo. Commissioner Suarez: Which -- I think missed one before I came up on the dais. Chair Sarnoff It's RE.1, RE.2 -- Commissioner Spence -Jones: RE.2. Commissioner Suarez: Got it. Chair Sarnoff -- PH.2. Commissioner Suarez: Great. Chair Sarnoff And a heads up on -- Commissioner Suarez: On a PZ item. Thank you. Chair Sarnoff Correct. All right. All in favor then, please say "aye. The Commission (Collectively): Aye. Later... Victoria Mendez (City Attorney): Mr. Chairman. Chair Sarnoff Yes, Madam -- Ms. Mendez: May I please read the instructions? Chair Sarnoff Go ahead. City ofMiami Page 6 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Ms. Mendez: Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A code of the -- 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 online at the wwwmiamigov. com [sic]. Any person may be heard by the City Commission for not more than two minutes on any proposition before the City Commission. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. 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. Video of this meeting may be requested at the Office of Communications. 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. Any person with a disability requiring auxiliary aids and services for this meeting may notifi, the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whatever occurs first. City ofMiami Page 7 Printed on 11/19/2013 CA.2 13-01113 Department of Police City Commission Meeting Minutes October 24, 2013 CA.1 13-01111 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR OPTION TO RENEW INVITATION FOR BID CONTRACT NO. 320278, BETWEEN THE CITY OF MIAMI AND PLAY -TECH CONSTRUCTION, PURSUANT TO RESOLUTION NO. 12-0492, ADOPTED DECEMBER 13, 2012, FOR THE PROVISION OF POUR -IN -PLACE REPAIR SERVICES, FOR THE DEPARTMENT OF PARKS AND RECREATION, ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01111 Summary Form.pdf 13-01111 Pre-Legislation.pdf 13-01111 Contract Extension Form.pdf 13-01111 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 23, 2013, PURSUANT TO INVITATION FOR BID NO. 368329, FROM ADORAMA CAMERA, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF FLEX -CUFF RESTRAINTS, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01113 Summary Form.pdf 13-01113 Award Recommendation Form.pdf 13-01113 Bid Tabulation.pdf 13-01113 Invitation for Bid.pdf 13-01113 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0423 City ofMiami Page 8 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 CA.3 13-01117 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CLOSURE AND REMOVAL OF THREE (3) INACTIVE RAILROAD -HIGHWAY GRADE CROSSINGS LOCATED ON NORTHWEST 21 ST TERRACE, NORTHWEST 11TH AVENUE, AND THE NORTHERN -MOST CROSSING ON NORTHWEST 11TH AVENUE, MIAMI, FLORIDA, WITH SAID CLOSURES BEING ONE COMPONENT OF THE NORTHWEST 14TH AVENUE AND NORTHWEST 28TH STREET AREA ROADWAY IMPROVEMENTS PROJECT, B-30780. 13-01117 Summary Form.pdf 13-01117 Legislation.pdf 13-01117 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0424 CA.4 RESOLUTION 13-01118 Department of Capital Improvements Program CA.5 13-01116 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL EASEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FROM THE PROPERTY OWNERS LISTED ON "EXHIBIT A", ATTACHED AND INCORPORATED, ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTIES LISTED IN SAID EASEMENTS, FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAFFIC CIRCLE AT THE INTERSECTION OF SOUTHWEST 27TH TERRACE AND SOUTHWEST 31 ST PLACE, MIAMI, FLORIDA, AS PART OF THE SOUTHWEST 32ND AVENUE IMPROVEMENTS ADDITIONAL SERVICES PROJECT, B-40704A. 13-01118 Summary Form.pdf 13-01118 Legislation.pdf 13-01118 ExhibitA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0425 RESOLUTION City ofMiami Page 9 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Program INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR MOORE PARK, B-35887. 13-01116 Summary Form.pdf 13-01116 Legislation.pdf 13-01116 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0426 CA.6 RESOLUTION 13-01129 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MARIA HERNANDEZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $40,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MARIA HERNANDEZ VS. CITY OF MIAMI AND PROFESSIONAL WELDING, INC., IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 09-57638 CA 32, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 13-01129 Memo - Office of the CityAttorney.pdf 13-01129 Memo - Financial Signoff.pdf 13-01129 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0427 Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort END OF CONSENT AGENDA Chair Sarnoff All right, it appears we are at CAs (Consent Agendas). Commissioner Spence -Jones: Yes. City ofMiami Page 10 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Is there a motion -- or does any Commissioner wish to pull for discussion any of the CAs? Hearing none, is there a motion for the body of the CAs? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Carollo. Any discussion? All in favor then, please say "aye. " The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 13-00586 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ROCKERMAN HEIGHTS REPLAT", A REPLATAND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS AS STATED HEREIN UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-00586 Summary Form.pdf 13-00586 Notice to the Public.pdf 13-00586 Legislation.pdf 13-00586 Exhibits.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0428 Chair Sarnoff Okay, PH.1. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.1 is a resolution to accept the final plats of Rockerman Heights Replats [sic] from Hilarie Bass; and authorizing the City Manager to execute the related documents. Chair Sarnoff All right, is there a motion on PH.1? Commissioner Spence -Jones: So move. City ofMiami Page 11 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Spence -Jones, second by Commissioner Carollo. It's a public hearing. Anybody wishing to be heard on PH.1, PH.1, please step up. Hearing none, seeing none, coming back to this Commission, it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 13-01106 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MIAMI HEIGHTS SEWER PUMP STATION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-01106 Summary Form.pdf 13-01106 Notice to the Public.pdf 13-01106 Legislation.pdf 13-01106 Exhibits.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item PH.2 was deferred to the November 21, 2013 Commission Meeting. PH.3 RESOLUTION 13-01145 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "GRAPELAND SFEFCU", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-01145 Summary Form.pdf 13-01145 Notice to the Public.pdf 13-01145 Legislation.pdf 13-01145 Exhibits.pdf City ofMiami Page 12 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo R-13-0429 Chair Sarnoff Okay, PH.2. Nzeribe Ihekwaba (Director, Public Works): No, PH.3. Todd B. Hannon (City Clerk): Sir. Chair Sarnoff Is that the one that's --? Daniel J. Alfonso (Director, Finance): PH.2 is -- Commissioner Carollo: Yeah. Mr. Alfonso: -- moved to November 21. Commissioner Spence -Jones: Deferred, yeah. Chair Sarnoff All right. And PH.3, is that still up? Mr. Ihekwaba: Yes. Chair Sarnoff Okay, PH.3. I apologize. Mr. Ihekwaba: Again, Zerry Ihekwaba, Public Works director. PH.3 is a resolution to accept the final plat of Grapeland replat, from South Florida Educational Federal Credit Union, and authorize the City Manager to execute the related documents for recordation. Chair Sarnoff Is there a motion on PH.3? Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Spence -Jones. Public hearing on PH.3. Anyone wishing to be heard on PH.3, please step up. Hearing none, seeing none, coming back to this Commission, it is a resolution. All in favor, please say aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING SR.1 ORDINANCE Second Reading 13-01064 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Management and ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, AS Budget SUBSEQUENTLY AMENDED, ENTITLED "THE MIAMI FIRE FIGHTERS' City ofMiami Page 13 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 RELIEF AND PENSION FUND", TO IMPLEMENT THE 2012-2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL587; PROVIDING FOR THE TRANSFER OF CHAPTER 175 PREMIUM TAX REVENUES RECEIVED IN 2013 AND 2014 FROM THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND TO THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01064 Summary Form SR.pdf 13-01064 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort 13413 Chair Sarnoff Okay, SR.1. Christopher Rose: Good morning, Commissioners. Chris Rose, Office of Management & Budget. Let me read it into the record. An ordinance of the Miami City Commission amending Ordinance Number 6432, adopted September 2, 1959, as subsequently amended, entitled "The Miami Fire Fighters' Relief andPension Fund", to implement the 2012-13 and 2013-14 collective bargaining agreement between the City ofMiami and the International Association of Firefighters; providing for the transfer of Chapter 175 premium tax revenues received in 2013 and '14 from the Miami Fire Fighters' relief andPension Fund to the City ofMiami Firefighters' and Police Officers' Retirement Trust. Commissioner Suarez: Move it. Mr. Rose: Commissioners. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Commissioner Spence -Jones: Discussion. Chair Sarnoff Let me open up a public hearing. Public hearing on SR.1. Anyone wishing to be heard on SR.2? Hearing none, seeing none, coming -- sorry. Bobby, you want to come up? Robert Suarez: Robert Suarez, Miami Association of Firefighters. Commissioner, what mentioned to you our last meeting about the IRS (Internal Revenue Service) and legal compliance language that we need to get into the ordinance, the Administration has got that prepared. It's going to come in as a separate item to not have to read this item and mess up the second reading. Chair Sarnoff Okay. All right, anyone else from the public wishing to be heard? Public hearing is now closed, coming back to this Commissioner [sic]. Commissioner Spence -Jones is recognized for the record. City ofMiami Page 14 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: I just wanted to -- Bobby already beat me to the punch, so I just wanted to make sure it was being addressed, but it was, Mr. Chairman. Chair Sarnoff All right. It is an ordinance, Madam City Attorney. Victoria Mendez (City Attorney): Chairman, since it was already read into the record by Mr. Rose, I just wanted to add that it contains a severability clause and it's providing for an immediate effective date. Chair Sarnoff Perfect. Mr. Hannon: Your roll call on item SR.1. Just a moment. Commissioner Carollo, we're currently on SR.1. Would you like to vote on this item? Commissioner Carollo: Yes, I'm familiar with it. Mr. Hannon: Okay, sir. Your roll call on item SR.1. Commissioner Carollo? Commissioner Carollo: Yes, and last time I didn't say it, but I just want to put for the record that this giving up the 175 is the reason the firefighters got the step raise and then was frozen. So it's a "yes." Mr. Hannon: Continue with the roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on second reading, 4-0. END OF ORDINANCE - SECOND READING RESOLUTIONS RE.1 RESOLUTION 13-00774 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED, THE DONATION OF TWO (2) PARCELS OF LAND LOCATED AT 7890 NORTHEAST BAYSHORE COURT AND 7889 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOLIO NUMBERS 01-3208-008-0520 AND 01-3208-008-0530 COLLECTIVELY ("PROPERTY"), FROM UPPER EAST SIDE MIAMI, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTOR") TO THE CITY OF MIAMI ("CITY") AND THE GRANTOR WILL COVER ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY City ofMiami Page 15 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 13-00774 Summary Form.pdf 13-00774 Legislation.pdf 13-00774 Exhibits.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item RE.1 was deferred to the November 21, 2013 Commission Meeting. RE.2 RESOLUTION 13-00775 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND UPPER EAST SIDE MIAMI, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LICENSEE"), FOR THE USE OF TWO (2) PARCELS OF LAND LOCATED AT 7890 NORTHEAST BAYSHORE COURT AND 7889 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOLIO NUMBERS 01-3208-008-0520 AND 01-3208-008-0530, COLLECTIVELY, ("PROPERTY"), TO BE USED AS A CONSTRUCTION STAGING SITE, FOR THE STORAGE OF MATERIALS AND VEHICULAR PARKING, IN CONNECTION WITH THE CONSTRUCTION OF THE OASIS CONDO PROJECT, FOR A PERIOD NOT TO EXCEED THIRTY (30) MONTHS FROM THE EFFECTIVE DATE OF THE LICENSE AGREEMENT, AND LICENSEE WILL PAYA USE FEE OF ONE DOLLAR ($1.00) IN EXCHANGE FOR LICENSEE'S LAND CONVEYANCE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, SUBJECT TO CITY ATTORNEY'S APPROVAL. 13-00775 Summary Form.pdf 13-00775 Legislation (Version 2).pdf 13-00775 Exhibit A (Version 2). pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item RE.2 was deferred to the November 21, 2013 Commission Meeting. RE.3 RESOLUTION 13-01099 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Information PROCUREMENT OF COMPUTERS: MICROSOFT SURFACE, Technology ACCESSORIES, AND HARDWARE FROM MICROSOFT, INC., UTILIZING EXISTING STATE OF MINNESOTA CONTRACT # C-1084(5), AVAILABLE UNDER MINNESOTA'S COOPERATIVE PURCHASING VENTURE ("CPV") City ofMiami Page 16 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PROGRAM, EFFECTIVE THROUGH DECEMBER 31, 2014, WITH THE OPTION TO RENEW FOR AN ADDITIONAL THIRTY-SIX (36) MONTHS, SUBJECT TO ANY FURTHER RENEWALS, EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF MINNESOTA, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, TO BE UTILIZED ON AN AS -NEEDED CONTRACTUAL BASIS, CITYWIDE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER ACKNOWLEDGING THE COOPERATIVE PROCUREMENT BENEFITS OF THE CPV PROGRAM THAT ENABLES THE CITY OF MIAMI ("CITY") TO AGGREGATE ITS PURCHASING VOLUME WITH THAT OF OTHER PARTICIPATING MEMBER AGENCIES IN ORDER TO REALIZE A LARGER PERCENTAGE DISCOUNT PRICING STRUCTURE TO THE FINANCIAL BENEFIT OF THE CITIZENS OF THE CITY; FURTHER AUTHORIZING PIGGYBACKS OF OTHER AND FUTURE STATE OF MINNESOTA CONTRACTS UNDER THE CPV PROGRAM WITHOUT ADDITIONAL CITY COMMISSION AUTHORIZATION UPON DETERMINATION BY THE CHIEF PROCUREMENT OFFICER THAT SAID PIGGYBACKS ARE IN COMPLIANCE WITH SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01099 Summary Form.pdf 13-01099Award Recommendation Form.pdf 13-01099 Back -Up Documents.pdf 13-01099 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo R-13-0421 Chair Sarnoff All right, RE.3. Conrad Cross: Good morning, Commissioners. My name is Conrad Cross. I'm the IT (Information Technology) director. This is a request for authorization to buy tablet computers off of state ofMinnesota's contract. Minnesota has already negotiated with a vendor, Microsoft, and this contract is available to governments local, county, federal governments across the country to use this as a tool to get best prices, best terms. Chair Sarnoff All right. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Spence -Jones, second by Commissioner Carollo. Commissioner Suarez: Mr. Chair. Chair Sarnoff And Commissioner Suarez is recognized for the record. Commissioner Suarez: What -- is it -- it's a Surface? That's the name of the product? City ofMiami Page 17 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Conrad: Yes, Surface 2. Commissioner Suarez: Okay. Mr. Conrad: Surface. Commissioner Suarez: Look, I think technology -- we, as a government, need to do a better job, a lot better job in making technology and utilizing technology to function better, to be more efficient. I'm actually, you know -- I know we've been promised -- and this is -- this predates you, Mr. Director. We've been promised for a long time the plan, the IT plan, and it's been postponed and postponed, and postponed, and it's a big concern for me, personally. That's something that I have a particular interest in. I've expressed an interest in it since I arrived, andl think there's a lot of projects that the City ofMiami can do that help -- that will help our citizens interact with our government and will help us become more efficient, easier -- more kind of user-friendly, so I look forward to that. I hope that's coming soon. Mr. Conrad: That is on the November 21 and it's -- Commissioner Suarez: Perfect. Mr. Conrad: -- in the works. Commissioner Suarez: So I look forward to working with you on that. I'd like to spend a little bit of time with you before then just to get -- you know, get a sense of what's going to be on there and have input. So, you know, I'm going to vote in favor of this, 'cause I think this is something that's needed desperately -- Mr. Conrad: Okay. Commissioner Suarez: -- in our Code Enforcement Department. It's going to make us more effective at doing our jobs. Mr. Conrad: I'll set up an appointment with you, sir. Commissioner Suarez: Thank you. Chair Sarnoff Two questions for me. First off you've made the determination in your professional judgment that the Surface is the best application hardware -- Mr. Conrad: Right. Chair Sarnoff -- I guess coupled with software for our city in the subjects that are going to be using this particular appli -- Mr. Conrad: That is correct. Chair Sarnoff Okay. My next question then is going to go to Ken Robertson. You have made a determination, Mr. Procurement, that this Minnesota contract affords the citizens ofMiami the best opportunity in pricing. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Procurement director. Yes, I've confirmed that this contract is open competitive, pursuant to City ofMiami procurement laws, and the pricing is extremely competitive, better than retail. Chair Sarnoff Such that you would not want to go through a competitive process? City ofMiami Page 18 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Robertson: Correct. The cooperative purchasing venture that the state of Minnesota uses is able to leverage much larger discount percentage pricing than the City ofMiami alone would be able to receive. Chair Sarnoff And l just wanted that for the record. Mr. Robertson: Thank you. Chair Sarnoff Okay. Any further discussion. All in favor then, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.4 RESOLUTION 13-01114 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED AUGUST 13, 2013, PURSUANT TO INVITATION FOR BID NO. 367354, FROM HARRISON UNIFORM CO., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF POLICE UNIFORMS AND ACCESSORIES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01114 Summary Form.pdf 13-01114 Award Recommendation Form.pdf 13-01114 Bid Tabulation.pdf 13-01114 Invitation for Bid.pdf 13-01114 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0430 Chair Sarnoff Okay, RE.4. Commissioner Spence -Jones: Police. Manuel Orosa (Chief of Police): Chief Manuel Orosa again for RE.4. It's accepting the bid from Harrison Uniforms. This is the company that won the bid for the renewal of the contract for uniforms for the police officers and our employees. Commissioner Suarez: Move it. City ofMiami Page 19 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Chief are these the bulletproof uniforms? Chief Orosa: Sure. Commissioner Suarez: I'd like to move it, but for discussion. Chair Sarnoff Yeah. Commissioner Suarez has moved it. Is there a second? Commissioner Spence -Jones: Second. Chair Sarnoff Commissioner Spence -Jones seconds. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you. Thank you, Mr. Chairman. And this is a little bit off the subject, but I'm not sure that our uniforms -- or your uniforms have ever been redesigned since like the 19 -- I don't know -- when was the last time they were redesigned, Mr. Chief? Chief Orosa: It's -- when you mean uniforms, you mean uniforms or the patches? Commissioner Suarez: No, I mean the uniform -- and even the patch, but the uniform -- the patch is really more just a seal of the City, but I mean -- Chief Orosa: Yeah. The patch -- Commissioner Suarez: -- the uniform itself. Chief Orosa: -- was redesigned in the '60s. Before, it was a triangle that saidMPD (Miami Police Department). Commissioner Suarez: Right. Chief Orosa: And it was redesigned in the '60s. The uniform, we've had this uniform since I was here 33 years ago and then a little bit before then. Commissioner Suarez: Mr. Chair, and the reason why I'm asking, Mr. Manager, is that Mayor Bloomberg of New York issues a challenge. I think it's called the "Bloomberg Challenge," an annual challenge. Andl know we spend a lot of money on uniforms. It's an expense -- I think the allocation here is $600, 000 over two years. In any event, I think our officers deserve the very best, and we've talked about, you know, that, andl think the materials -- not that am an interior or fashion designer or anything like that, but I think the materials are very heavy materials for, you know, being in the sun, for, you know, the South Florida weather. Now we have dry fit materials. I mean, we have a variety of different materials that are -- you know, they're easier on the body, for lack of a better word, andl think would make being out there and patrolling and doing the things that we want our officers doing more comfortable, and so I think -- you know, one of the things that we should discuss with our Grant Department, and maybe even with a company like Harrison's that actually will produce the uniform once we order it or whatever, is how to look at maybe putting in a combined grant for the Mayor's challenge in New York or whatever; just redesigning our uniforms, period, because I think they can be lighter, they can be more comfortable, they can be more sweat -resistant. You know, they can do a lot more to make our officers' lives -- quality of life a lot better. So I just would ask that you would work with the Manager, and with the company, and maybe with our Grants Department to put something like that together and just kind of inform me of the progress of that. Chief Orosa: We will start doing some research, and we'll keep you informed as to what's out there that we can find and, of course, through the Purchasing Department -- City ofMiami Page 20 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Sure. Chief Orosa: -- and we'll go that route, and hopefully, Harrison can supply us some of the products so we can test out as well. Chair Sarnoff Can I take it one step further? Commissioner Suarez: Yeah. Chair Sarnoff 'Cause I love your idea, by the way. Commissioner Suarez: Yeah. Chair Sarnoff Goodwill Industries makes the military uniforms -- Commissioner Suarez: From Navy Seals. Chair Sarnoff Right. -- for -- Commissioner Suarez: Tactical Navy Seals. Chair Sarnoff Exactly. They do the tactical uniforms right here in good old Miami, Florida. And my question to you is -- first off what I would do in your shoes, I would put some sort of a competition -- Commissioner Suarez: Yeah. Chair Sarnoff -- if you will, out there -- Commissioner Suarez: I'd do that too. Chair Sarnoff -- butl would also go to their -- what's the director's name? Commissioner Carollo: Pastrana. Chair Sarnoff -- Pastrana. Commissioner Carollo: Dennis Pastrana. Commissioner Suarez: Oh, yeah. Chair Sarnoff Dennis -- so I'd go to Dennis Pastrana, and I would say, you know, "Help me with this," because I would love to be able to say our uniforms are made in Miami. Commissioner Carollo: Absolutely. Chair Sarnoff And you would be employing a lot of people. Commissioner Suarez: And they can be distributed by the way, by Harris [sic]. It doesn't mean Chair Sarnoff Correct, correct. Commissioner Suarez: -- they're produced by one company; distributed by another company, City ofMiami Page 21 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 and then of course designed, like you said, either through a competition. But I mean, I think we could do a lot better for our officers. Chair Sarnoff I think his point is -- I know that -- I know he probably hears it; I hear it, which is like these are pretty heavy uniforms for the -- Commissioner Suarez: Yeah. I mean -- Chair Sarnoff -- South Florida sun, and then they're -- Commissioner Suarez: -- the same for 30 years. Chair Sarnoff Right. Commissioner Suarez: Same -- the technology has increased tremendously, but we haven't changed. I mean, the Dolphins change their uniform, you know, and the materials in their uniform, you know, on a regular basis, and they're playing in the heat. I mean, we should do the same for our officers who are watching the game, you know, off -duty or whatever. Chief Orosa: We will explore your request as to better uniforms, lighter uniforms; and we will go to Goodwill, see what they can offer us, and we'll research everything that's out there, and then we'll work with the Procurement Department and with Harrison's to see what we can agree upon and bring, hopefully, a sample back to you all so that you can have an idea. Commissioner Suarez: Thank you, Chief. Chair Sarnoff You ever been to Goodwill Industries? Chief Orosa: Yes. Chair Sarnoff Okay. You know then what they're capabilities are and you know exactly what their manufacturing facility looks like, andl think everybody in Afghanistan has a uniform made in Miami. All right. Chief Orosa: No problem. Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Chair Sarnoff Did we take the vote? ToddB. Hannon (City Clerk): No, sir. Commissioner Suarez: I'll move it. I think did move it. Mr. Hannon: Yes, sir. Yeah, it's already been moved and second. Chair Sarnoff We have a mover and a seconder, do we not? Mr. Hannon: Yes, sir. Chair Sarnoff All in favor, then please say aye." The Commission (Collectively): Aye. City ofMiami Page 22 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Okay. RE.5 RESOLUTION 13-01115 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Resources RECEIVED JULY 30, 2013, PURSUANT TO INVITATION FOR BID NO. 368328, FROM MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF DRUG SCREENING AND PHYSICAL EXAMINATION SERVICES, FOR THE DEPARTMENT OF HUMAN RESOURCES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01115 Summary Form.pdf 13-01115 Award Recommendation Form.pdf 13-01115 Bid Tabulation.pdf 13-01115 Price Comparison Analysis.pdf 13-01115 Invitation for Bid.pdf 13-01115 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0431 Chair Sarnoff RE.5. Amy Klose: Good morning, Commissioners. Amy Klose, director of Human Resources. RE.5 is a resolution accepting the bid from Mount Sinai Medical Center for the provision of drug screening and physical examination services for HR (Human Resources) on a citywide, as -needed, contractual basis. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Klose: Thank you very much. RE.6 RESOLUTION 13-01178 City ofMiami Page 23 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Program SERVICES AGREEMENT WITH STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. D/B/A SCS ENGINEERS ("SCS ENGINEERS"), FOR THE PROVISION OF MISCELLANEOUS ENVIRONMENTAL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000.00, TO AN AMOUNT NOT TO EXCEED $1,000,000.00; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH SCS ENGINEERS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-01178 Summary Form.pdf 13-01178 Back -Up Document - PSA.pdf 13-01178 Legislation.pdf 13-01178 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0432 Chair Sarnoff RE. 6. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.6 is a resolution to increase the contract capacity by $500, 000 for SES Engineers. SES Engineers is one of our miscellaneous environmental consultants primarily tasked these days on some of our park environmental issues, so we've come close to their capacity and we're asking for an increase in their capacity. Chair Sarnoff All right, is there a motion? Commissioner Suarez: Move it. Commissioner Carollo: Second. Discussion. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Carollo. Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you. Is there any other engineering firm that does the environmental? Mr. Spanioli: We currently have three miscellaneous environmental consultants that are on board, and we had been spreading the wealth across the board. They are -- SES had already been working on some other projects for us, so they've come close to their capacity, and they're still working on some of the parks environmental stuff but we do have two others as well that are working on the projects. Commissioner Carollo: And where are they at with regards to capacity? 'Cause you want to increase this company and -- for whatever -- Mr. Spanioli: They're still within their 500, 000. What happened with SES is that we had done City ofMiami Page 24 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 RE.7 13-01180 Office of the City Attorney some other work with them prior to the parks environmental issues, so they had used up some of their capacity already, so we were getting close and we wanted to make sure they had enough to continue the work they're doing. Commissioner Carollo: And question: When do we go to procurement and bid and -- or the process again? Like right now you're asking for an additional 500, 000. Once this 500,000 is used -- andl don't know if it's going to be used up in a year or three years -- when usually does the whole process start again? Mr. Spanioli: Normally, in the past, after we extend the contract capacity by one time, which will be this, after that we tend to do RFPs (Requests for Proposals) again and look for new consultants or see if these get selected again, depending on qualifications and selection. Commissioner Carollo: Okay. And guess it various, because you extended it for this person, but the other two, you haven't extended it. So do you have to extended the other two before you put an RFP or not necessarily? Mr. Spanioli: There's no particular rule. Normally, we look at it also in terms of how long they've been enlisted. Normally, we don't extend them more than three years. Commissioner Carollo: Understood. Okay. Thank you. And again, I'm trying to learn more and more this CIP (Capital Improvements Program) process so. Mr. Spanioli: Yes, sir. Chair Sarnoff All right. Any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INSTITUTE ANY AND ALL ACTIONS AUTHORIZED IN LAW OR IN EQUITY, NECESSARY OR PERMITTED, AGAINST BEASLEY REED AND THE OCCUPANTS OF THE CITY OF MIAMI'S SUBMERGED LAND ADJACENT TO 1 HERALD PLAZA, MIAMI, FLORIDA, TO STOP THE UNAUTHORIZED OCCUPATION OF THE PROPERTY. 13-01180 Memo - Office of the CityAttorney.pdf 13-01180 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0433 Chair Sarnoff Okay, RE.7. Victoria Mendez (City Attorney): RE.7 is the City Attorney's request to take all actions authorized in law and equity against Beasley Reed and the occupants of the City's submerged lands adjacent to One Herald Plaza. Commissioner Suarez: Move it. City ofMiami Page 25 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 RE.8 13-01190 Office of the City Attorney RE.9 13-01191 Office of the City Attorney Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE BRAVO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, AS WELL AS APPROVAL BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, THE TOTAL SUM OF $97,421, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 050001.301001.524000.0000.00000. 13-01190 Memo - Office of the CityAttorney.pdf 13-01190 Memo - Financial Signoff.pdf 13-01190 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0434 Chair Sarnoff RE.8. Victoria Mendez (City Attorney): RE.8 is a settlement, in the amount of $97, 000, for a workers' compensation claim. It is acceptable to the City Attorney's Office and resolves the issues as discussed. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF HENRY City ofMiami Page 26 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 HERNANDEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $130,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 050001.301001.524000.0000.00000. 13-01191 Memo - Office of the CityAttorney.pdf 13-01191 Memo - Financial Signoff.pdf 13-01191 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0435 Chair Sarnoff RE.9. Victoria Mendez (City Attorney): RE.9 is also a proposed settlement, in the amount of $130, 000, for a workers' compensation claim of Henry Hernandez. We have -- we ask that this also be settled based on the issues as discussed. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion? All in favor, please say aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 13-01195 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN Commissioner AN AMOUNT NOT TO EXCEED $900,000.00, CONSISTING OF A GRANT Michelle AWARD FROM THE UNITED STATES DEPARTMENT OF COMMERCE'S Spence -Jones ECONOMIC DEVELOPMENT ADMINISTRATION, FOR THE ADAPTIVE RE -USE AND REHABILITATION OF THE HISTORIC EBENEZER CHURCH LOCATED AT 300 NORTHWEST 11TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCIAL ASSISTANCE AWARD AGREEMENT, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANTAWARD. 13-01195 Legislation.pdf City ofMiami Page 27 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0436 Chair Sarnoff RE.10. Commissioner Spence -Jones: Madam City Attorney, I guess you want -- if you could read the resolution, but I would like to speak on the item. Victoria Mendez (City Attorney): Yes, and this is RE.10. It's a resolution of the Commission, accepting funds in the amount not to exceed 900, 000, consisting of a grant award from the United States Department of Commerce/Economic Development Administration for the adaptive reuse and rehabilitation of the Historic Ebenezer Church, located at 300 Northwest llth Street, Miami, Florida. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by -- Commissioner Suarez: Discussion. Chair Sarnoff -- Commissioner Spence -Jones, second by Commissioner Suarez. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: I just want to commend the Commissioner, you know, and -- you know, we have very spirited debates about whether we should spend money on lobbyists, and they're legitimate. Andl think the people who are -- you know, were both legitimate in terms of our desires, but think you have to recognize when, you know, you see a great return on investment on an issue. I'll give you one example of something that I pushed for that, you know, the Commission supported me on and we got a huge return on investment so far, which is the -- lending the property appraiser the one detective to root out homestead exemption fraud. So far, that has resulted in $700, 000 of identified and collected homestead exemption frauds, so sometimes, not saying in all cases -- andl understand, you know, the arguments in favor and against it, but sometimes it does pay dividends to make an investment, and this is really all you, so I have to commend you. This is nice that we're doing this on your last Commission meeting. I think this is a wonderful grant and congratulations. Chair Sarnoff Commissioner -- Commissioner Spence -Jones: All this -- Chair Sarnoff Before you speak -- Commissioner Spence -Jones: Sure. Chair Sarnoff -- I think you and I have both come from the same party, and I was listening for the past 18 months ofyour travels up to Washington and who you were seeing, and don't think anybody really appreciates or understands it, 'cause this Commission agenda is filled with oh, 90,000, 100, 000, 500, 000 for this. This is money coming from the federal government -- Commissioner Spence -Jones: Government. City ofMiami Page 28 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff -- that would have bet probably half my net worth you would not have been able to get, and through your persistence of constantly going up to Washington and seeing in the same people time and time again, you've done what I would have bet a lot of money could not have been done. My hat's off to you. I don't think anybody in the general public really appreciates how difficult it is to get almost $1 million from the federal government right now, a government that just shut down, that cannot get out of its own way, and you got almost $1 million. So congratulations. Commissioner Spence -Jones: Thank you. Commissioner Suarez: And Mr. Chair, we've gone up -- Commissioner Carollo andl have gone up for three years trying to get the federal government -- not even to give us money. Chair Sarnoff Wrong party, though. Commissioner Suarez: What's that? Chair Sarnoff Wrong party. Commissioner Carollo: No, just by -- Commissioner Suarez: It's been bipartisan. It's been bipartisan. Commissioner Carollo: Definitely been bipartisan. Commissioner Suarez: No, it's been bipartisan. Chair Sarnoff I'm teasing. Commissioner Suarez: And, you know, the point is that we're not even asking for money; we're asking for flexibility, and we haven't even been able to get that. So I mean, really, to get $900, 000 for a community asset like the churches, you know, it's obviously a great accomplishment. Commissioner Spence -Jones: Well, first of all, I want to thank my fellow Commissioners for your support in making sure that you understood the importance of us pushing. And as you both have stated -- all three of you have stated, it is not easy to get money from DC (District of Columbia). Commissioner Suarez: It's not. Commissioner Spence -Jones: You know, Commissioner Carollo -- and he's absolutely right -- we pay lobbyists and we expect to have some return on our investment. And from last year, us going to actually visit many of the department heads regarding this, several projects -- this is just only one we got funded -- it took a year, but, you know -- once we finally got the $900, 000 allocation and we just went to say "thank you" and to get the details from it about a month ago, the director of the department said to me, `I just want you to know that this was not an easy thing to do because, you know, a lot of times you apply and it takes three or four years." But I think that what happened in this circumstance, Miami -Dade College is a great partner. I see Greater Bethel. I see the pastor here. We're going to be losing him, right? Why you going to leave us? So I'm -- yeah, that's terrible. But has been very supportive with the Hospitality Institute in the bottom or in great -- in the bottom of Greater Bethel and has been very supportive with that. So us getting this $900, 000 now allows for us to rehab a church that's been closed for a very long time, to create a culinary arts and hospitality institute. And l just want us to be clear of what this is actually going to be able to do for us now. We went to go visit a site in Atlanta that the City ofMiami Page 29 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Department of Commerce suggested that we visit, and they do the -- something very similar to what we're doing -- getting ready to go, which is a community kitchen where a lot of the small bakers and culinary artists in the area, businesspeople actually use the actual facility to kind of do incubators. So for instance in Overtown where we have Ms. Moore that's been in Overtown for 30 years baking sweet potato pies, she can only bake a certain amount of sweet potato pies in her little shop. Well, this facility now will allow, with the support ofMiami-Dade College, will allow them to not only teach Ms. Moore how to bake more sweet potato pies, but she will also be able to be -- partner with businesses like Winn Dixie to put her sweet potato pies in. So it's really -- it goes beyond just doing a hospitality program or a culinary program. It's about really training entrepreneurs and getting them -- getting business owners prepared to do bigger business. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: Can I sound -- Commissioner Spence -Jones: You want a sweet potato pie too? Commissioner Suarez: I was going to say, I want to sound off on that just for a quick second. I'm -- I've always been a huge believer in the Hospitality Institute and the hospitality industry, partly because my wife works in that industry andl under -- I've become -- I've learned a lot about it 'cause I hear about it all the time, but really, it's one of the thriving industries in the City ofMiami. The Chair and are often -- and really, based on the Chair's prompting when I first got here, the idea was, well, let's -- how many base industries does the City ofMiami have and how can we increase the number of base industries? Andl think that presents a unique and interesting challenge, but we can't ignore the ones that are here. Andl think it would be a disservice to our community and the CRA (Community Redevelopment Agency) -- one of the things that I'm very proud of as a CRA board member is that institute, because that institute -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- is training people and it's finding them jobs at a high rate. It's a successful program. Commissioner Spence -Jones: Yeah. Commissioner Suarez: And we don't -- people don't know, sometimes there are things that we do that are successful, and that get people jobs, and that get people trained, and that actually contribute beneficially to our community, and that's one of them. And so this investment and this grant is a big deal, so congrats. Commissioner Spence -Jones: Thank you. Chair Sarnoff All right. Any further discussion? Then all in favor, please say aye." The Commission (Collectively): Aye. Commissioner Suarez: Pastor, we're going to miss you, brother. RE.11 RESOLUTION 13-01193 City ofMiami Page 30 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), MAKING REQUIRED FINDINGS PURSUANT TO CITY Michelle CHARTER SECTION 29-B(A) AND AUTHORIZING THE CONVEYANCE, Spence -Jones UPON CERTAIN CONDITIONS PRECEDENT BEING MET, TO LIBERTY CITY COMMUNITY ECONOMIC DEVELOPMENT CORPORATION ("LCCEDC"), WITH PARCEL COVENANTS, REVERTER AND RESTRICTION PROVISIONS, OF FIVE (5) CITY OF MIAMI OWNED PARCELS OF LAND, LOCATED AT 1361 NORTHWEST 61 ST STREET, PARCEL FOLIO 01-3114-043-0190 (NO ADDRESS),1331 NORTHWEST 61 ST STREET, 1321 NORTHWEST 61 ST STREET AND 1305 NORTHWEST 61 ST STREET, MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), FOR THE CONSTRUCTION OF 68 AFFORDABLE HOUSING UNITS FOR FAMILIES WITH DEVELOPMENTAL DISABILITIES; AUTHORIZING THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT, AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE AN ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT TO THE PARTNERSHIP TO BE FORMED FOR THE DEVELOPMENT OF SAID PROPERTY. 13-01193 Back -Up Documents.pdf 13-01193 Legislation.pdf 13-01193 ExhibitA.pdf 13-01193 Exhibit B.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Chair Sarnoff RE.11. Commissioner Suarez: We're going to miss you, man. George Mensah (Director, Community and Economic Development): Good morning, Commissioners. Commissioner Spence -Jones: You're going to read this into the record? I guess this is -- Mr. Mensah: George Mensah, director of Community Development. RE.11 is a resolution of Miami City Commission, with attachments, making required findings, pursuant to City Chapter 29-B(A) and authorizing the conveyance upon certain conditions precedent being met to Liberty City Community Economic Development Corporation, with parcel covenants, reverter and restrictions of certain projects located at 1361 Northwest 61 st Street, folio number 01-3114-043-0190, 1331 Northwest 61 st Street, 1321 Northwest 61 st Street, and 13 [sic] Northwest 61 st Street to -- for the construction of 68 -- a minimum of 68 affordable housing units for families with developmental disabilities. Chair Sarnoff All right. Is --? Commissioner Spence -Jones: So moved. I just have a discussion. Commissioner Suarez: Second for discussion too after the Commissioner. City ofMiami Page 31 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Motion by Commissioner Spence -Jones, second by Commissioner Suarez. Commissioner Spence -Jones is recognized for the record. Commissioner Spence -Jones: Okay, I don't know if Doug actually wants to put anything on the record, but I do want to make sure that we're really clear from our wonderful director, which I'm going to miss, to make sure that on -- I just -- this is a recommendation from your part -- from the standpoint of this is really a purchase agreement. I just want to be clear. Mr. Mensah: Yes. I want to put -- I -- Commissioner Spence -Jones: It's not that we're giving the land until there's an actual project. Mr. Mensah: Yes. I want to put that on the record. I think that, as you know, we have a number of properties in Liberty City that we've not been able to develop, because every time we've done RFPs (Requests for Proposals) like three or four times and we're not able to get people -- find the financing to be able to develop this property. So what we've done is that this provides a purchase and sale agreement with very strict restrictions and covenants. Chair Sarnoff Stop, stop, stop, stop. Todd B. Hannon (City Clerk): Commissioner Suarez is right here. Commissioner Spence -Jones: Okay. Mr. Hannon: So if you want to continue -- Commissioner Spence -Jones: We could still talk; we just can't vote, right? Chair Sarnoff Okay. Commissioner Spence -Jones: Okay. Mr. Mensah: Okay. The restrictions are, one, the developer shall provide to the City all necessary permits needed to construct the units. That's the first one. Second one, evidence of firm financial commitments for full project financing from the project lenders. (UNINTELLIGIBLE) repayment at closing of all required amounts to the City, including but not limited to tax and bond funding amounts previously expended. The conveyance of the real property occur simultaneously with the close of the construction financing by any lender. So this means that if they don't have any financing, this does not close. And if they don't have any permits, it cannot close. And all the closing will have to take place simultaneously with the construction financing. Commissioner Spence -Jones: And l just want to be clear, George. This is just giving them one leg up, but giving them the support so they can go out and actually get the funding. Mr. Mensah: Yes. Commissioner Spence -Jones: And to my understanding, we've done the same thing with this, not just in my district, but in other districts as well. Mr. Mensah: Typically, for the last five years -- thanks to Commissioner Sarnoff, when he came on board -- in the past the City used to just transfer properties with no restrictions, and people have the properties for a few years and nothing gets done. City ofMiami Page 32 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: (UNINTELLIGIBLE) -- I (UNINTELLIGIBLE) what -- Chair Sarnoff In other words, we would give properties to CDCs (Community Development Corporations), and we wouldn't have any -- as he would say, no restrictions on it, so they would immediately go out and -- Commissioner Spence -Jones: Oh, I see. Chair Sarnoff -- get a mortgage on the property. Commissioner Spence -Jones: I see. Chair Sarnoff And those mortgages ordinarily went to pay people's salaries. And then for three years, they would come back and say, "We can't do anything with this property. We can't get tax credits. We can't get tax certificates. We can't get" -- whatever financing they were going to get. We then said to George that what you should do is simultaneous closings or restrictions on your deeds -- Mr. Mensah: (UNINTELLIGIBLE). Chair Sarnoff -- that say 'You cannot encumber this property" so that all we lose is time -- Commissioner Spence -Jones: I got you. Chair Sarnoff -- property comes back, and this is going a long way -- Mr. Mensah: Yes. Chair Sarnoff -- to maybe getting my vote for this, 'cause I do have some questions, andl mean that respectfully. Commissioner Spence -Jones: Hm-hmm. Chair Sarnoff Okay. So my question to you, George, is LCCEDC (Liberty City Community Economic Development Corporation), what is their track record on building? Mr. Mensah: It's a small nonprofit community in the community. They don't have any track record on building. However, they are the ones that would partner with a for profit entity who will do the construction and everything. But I just wanted to assure you that these type of projects, because of the type of financing involved, you get double, triple due diligence, because it's not only double -- Commissioner Spence -Jones: Double, triple due diligence. Mr. Mensah: -- and triple due diligence. Chair Sarnoff Oh, due diligence. I'm sorry. Mr. Mensah: It's not only us doing due diligence, but you also have the State, the housing financial authority, who will do due diligence on the financial structure of the project before they even give them financing. You also have investors. Ninety-nine percent of these LLCs usually are investors are from Wall Street. Chair Sarnoff So I thinkl could curtail your conversation. What you're saying is you're confident that this fee simple absolute piece of property will not be encumbered, because you've City ofMiami Page 33 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 put in place a procedure that will not allow encumbrances unless they have all their financing in place. Mr. Mensah: That's correct. Chair Sarnoff Andl guess you as the executive director of the Community Development -- what do you guys call yourselves again? Mr. Mensah: Director. Chair Sarnoff No, no, Community Dev -- Mr. Mensah: Oh, Community and Economic Development. Chair Sarnoff Okay, Community and Econom -- that you would then review everything to make sure there's a proper -- proper financing is in place -- Mr. Mensah: Yes. Chair Sarnoff -- correct? Mr. Mensah: Yes. Chair Sarnoff So -- all right, I'll assume you've done that. You said something; that they have partnered. Have you seen a partnership agreement? Mr. Mensah: Not yet, but that's some of the Commissioner Spence -Jones: That's not a due diligence. Mr. Mensah: -- information that we will get precedent to the deal actually taking place. Chair Sarnoff So the most you have right now is a verbal understanding between LCCEDC and a housing developer that you recognize? Mr. Mensah: Yes. Chair Sarnoff You don't have any kind of legal document? Mr. Mensah: Not as of yet. Because, typically, what happens is that you have a limited partnership that will be formed That limited partnership will have 99 percent Wall Street folks and the 1 percent will be the LLC and (UNINTELLIGIBLE), so that's when you actually get the limited partnership documents. Chair Sarnoff What -- so LCCEDC brings to the table the land. Mr. Mensah: Land, yes. Chair Sarnoff But what else do they bring to the table? Mr. Mensah: The community knowledge. Commissioner Spence -Jones: Okay, I -- Mr. Mensah: It's a community organization. City ofMiami Page 34 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: -- think we should just say who the people are because, I mean, Elaine Black is standing there -- Mr. Mensah: It's Elaine Black. Commissioner Spence -Jones: -- which we know she's been working with Liberty City Trust for God knows how long, so I think one of the values that they bring is the fact that they're rooted in the community. These particular lots, andl believe at least have in Liberty City, at least about 10 really large lots that we have not been able to get developed. Mr. Mensah: Yes. Commissioner Spence -Jones: This allows us -- for us to have the opportunity to do that. So when you say -- I just want to make sure. You know, when you say LE -- Chair Sarnoff LCCEDC. Commissioner Spence -Jones: -- a lot of LEDEE -- Chair Sarnoff Right. Commissioner Spence -Jones: -- that the person is standing right there, so I just want to make sure that we're clear. And then, of course, not to mention Carrfour; Doug used to be with Carrfour, which has been responsible for many projects, at least two of them in my district, that are already built and standing right now so -- Chair Sarnoff But, Doug, who are you with now? DougMayer: Basically, I have my own company. It's called Stone Soup Development. Chair Sarnoff Stone Soup? Mr. Mayer: Yes, Stone Soup. I wanted to comment, though, on Elaine's organization. Commissioner Spence -Jones: Name? You got to put your name on the record. Mr. Mayer: I'm DougMayer, and my address is 2130 Northwest 13th Street, Miami, Florida. First of all, this project is a unique project. It's providing housing for people with developmental disabilities. And in the past, most of those type of projects are really single-family homes, group homes, that kind of thing, and the State of Florida wanted to try something new. They were asked to do this by people from the community that work with people with developmental disabilities. And so they put out some special money that would allow us to put an application in for -- you can do projects of up to 100 units. That's the maximum. We're proposing 68. But you have to have a partner who has a lot of experience in providing services to people with developmental disabilities, and that's where Elaine's organization came in. She has a long-term relationship with Goodwill Industries, and we do -- in fact, I brought with me today, we have a letter of support from Goodwill. They're going to be our partner, along with the Liberty City Community Economic Development Corporation. And I think this is just one of the -- I've done this work for 20 years, and this is one of the best public/private partnerships that can imagine providing housing for people with developmental disabilities, working with City land, working with a good nonprofit organization, and another nonprofit organization, like Goodwill Industries. This is a win -win for all of us. And we're hoping that this is going to be a national model for this type of project, one that we can replicate around the country and also, hopefully, that the State of Florida will recognize and make it part of their regular allocation. This was a City ofMiami Page 35 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 special allocation, one time. But if we do a good job with it and -- well, we have to win it first, but -- Commissioner Spence -Jones: And let me -- just -- I'm sorry, Doug, for cutting you off. Let me just ask and make a comment, Mr. Chairman. One of the things that I really try to do in my district, once elected, was I looked at all the areas where we had deficiencies in housing. And, you know, one of the reasons why we took some of the abandoned properties that we had with George's department and rehabbed many of them was because we knew that social services and having the assistance in their housing was really important. So, for instance, we took an abandoned building and we created foster care for young people aging out. We did it for substance abuse. We did it for people living with HIV/AIDS (Human Immunodeficiency Virus/Acquiredlmmunodeficiency Syndrome). This particular area -- andl'm, you know, taking the recommendation from Elaine -- is -- the whole developmental disability issue was a huge issue. I mean, housing has become, especially in my district -- it's really no place for them to go, you know, or for them to live. So that was one of the reasons why I supported it. But I only supported it -- andl want to be very clear -- based upon our discussions with the Administration to make sure that this is something that we can do and it's not an issue. I didn't realize that you were, Mr. Chairman, the person that actually put the conditions -- I don't -- when did you do that? That happened after I left? Mr. Mensah: No. Chair Sarnoff That was before. Mr. Mensah: About six years ago. Chair Sarnoff About six years. Commissioner Spence -Jones: Oh, okay, which is great, you know, so -- because I know that there was a huge -- I don't know if it was a huge big issue in your district, but I know that it was a big issue in our district where a lot of the land was given and because of that, there were loans and stuff taken out on the land. But I do want to bring something that my chief of staff mentioned, which I do want to be clear on, that this -- all of the issues and concerns that you're speaking of meaning the partnership between both parties, all of this stuff is based upon the conditions that actually George office approved, so the assumption that whatever deal that actually takes place, it will come back in front of us anyway. Mr. Mensah: Yes. Commissioner Spence -Jones: So the deal will come back in front of you for you to see. This just allows them the opportunity and latitude to at least go for the funding. Cornelius Shiver: Mr. Chair, could you give me one second on this matter? Chair Sarnoff Why don't I just go to Commissioner Suarez who wanted to speak? Commissioner Suarez: Thank you, Mr. Chair. Yeah, I think this is -- this item for me represents the reason why you should come to the Commission with an open mind and not having made up your mind on an issue. To be honest with you, when I first saw it and briefed on it -- or my chief of staff briefed me on it, I was hesitant to support the item. I probably didn't get as much information as you've given me here today, andl'm a big advocate for affordable housing, number one. I'm a big advocate for adults with developmental disability, number two. So -- and when you explained the special -- you know, the fact that it's special funding, that it's available, I just -- I share the Chairman's concern that -- and it's allow, I think, in our tax credit -- state tract tax credit program where you have everybody competing for all this money, and so what City ofMiami Page 36 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 happens is you, in essence, have to put the cart before the horse. As an institution that's a land owner, you have to almost deed the land or grant the land or grant it with some reversion right in advance so that they have the opportunity to compete for the money. Meanwhile, that land is tied up -- Mr. Mensah: Yes. Commissioner Suarez: -- throughout that entire process. And, you know, the director andl have talked about this a lot -- it's a frustration of mine -- because we want to get the affordable housing done. And one of the things, thanks to the chairman of the CRAss (Community Redevelopment Agency) leadership and with a little bit of help from the former chairman of the City Commission, was we decided that we were not going to subject the projects that were going to get CRA funding to the whims of the tax credit process; that we were going to fully fund so they get the automatic tax credits versus the tax credits that you have to compete for, because we'd rather -- I forget what the -- how the saying goes -- a bird in the hand is better than two in the bush. You know, we'd rather have the units, even if it's less units and it's a lower leverage rate. We'd rather have the units done, completed, and know that the money's being put to good use and draw down our balances on our CRAs and the community see, hey, these guys are doing something than try to go for higher leverage rate, get a bunch more projects, and us get maybe 10 percent of the projects or 20 percent of the projects. So, you know, this is one that, based on your presentation and my philosophy, I'm going to support it. I probably was hesitant, to be honest with you, coming into this item, so you know, it's important for us all to keep an open mind when we get up here. Commissioner Spence -Jones: And Mr. Chairman, I just want to add really fast, I just want to -- I would like to table this item, because I want us to all be on the same page, so I'm going to -- can we just table this until we get back from lunch, 'cause I do want to talk --? Commissioner Suarez: Whatever you want, but I'm in -- I can -- I'll vote on it right now. Commissioner Spence -Jones: I know, but I'm just going to table it until after we come back. Commissioner Suarez: Okay. Commissioner Spence -Jones: Okay. Chair Sarnoff All right, so RE.11's tabled. Later... Chair Sarnoff We have two more items left. I understand RE.11 is being withdrawn. Commissioner Spence -Jones: Withdrawn. Chair Sarnoff Did they need to -- you -- how does that -- what's the procedure; just announce it? Mr. Hannon: There can be a motion, sir. Commissioner Suarez: Move to withdraw RE.11. Chair Sarnoff Motion by Commissioner Suarez; second by Commissioner Spence -Jones. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 37 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 RE.12 13-01066 RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") 2013-2014 Program MULTI -YEAR CAPITAL PLAN ("PLAN"), ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2013), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 13-01066 Summary Form.pdf 13-01066 Legislation. pdf 13-01066-Exhibit-S U B. pdf 13-01066-Submittal-Capital Improvements Plan 2013-2014.pdf 13-01066-City Manager -Memo -Substitution for Item RE.12 2013-2014 Multi -Year Capital PLan.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo R-13-0437 Chair Sarnoff Then RE.12. Mark Spanioli (Director, Capital Improvements and Transportation Program): Give me a minute. I'm going to pass out the handout. Commissioner Spence -Jones: Okay. Does Commissioner Carollo need to be out here for the capital plan? Please. Chair Sarnoff Let's try to get some things done today. Commissioner Suarez: No, we definitely -- you know, this is supposed to be a light agenda. We could really get a lot accomplished today if -- Commissioner Spence -Jones: I know. Commissioner Suarez: -- in a short period of time. Commissioner Spence -Jones: I just don't -- I know how he feels about this capital plan. Mr. Spanioli: Good morning again, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. I have a -- just a small opening information regarding the plan. RE.12 is a resolution to approve the 2013-2014 capital improvement plan for the City of Miami. There was a substitution of page 5 that was distributed last week. It's just to replace page 5 within the book. We've been working for the past eight months on developing the six year plan. We've worked together with all the City departments. They've had input in the plan production. This plan has a $904 million value to it; 448 million is funded, allocated with current and forecasted funds. We still have reconciliation of impact fees that's still ongoing and we'll be appropriating it at a December appropriation. City ofMiami Page 38 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: As much as I can. Mr. Spanioli: By using the guidelines of the financial integrity principles of the City ofMiami, we developed this plan that shows all the funded, short funded and unfunded projects, including all the operational impacts within the book. The financial integrity principles also requires that we have this approved by Commission by November 30 to be on time. I do want to mention that the real plan mission is to provide excellent recreational, educational and cultural programs; restore, maintain, and beautify residential and urban infrastructure; provide transportation systems for future growth; provide excellent public safety and improve business and service delivery processes. Commissioner Suarez: Oh, there you go. We just lost one. I'm going to go to the restroom. Mr. Spanioli: I would like to close with mentioning that over the next six years, the plan identifies a number of funding shortfalls for various departments, including the Police, Fire, Parks, Solid Waste, GSA (General Services Administration), Information Technology, Public Works, and CIP (Capital Improvements Project) infrastructure projects, totaling of about 450 million. Chair Sarnoff All right. Mr. Spanioli: There's one -- Chair Sarnoff We're in recess for five minutes. Mr. Spanioli: No problem. Chair Sarnoff Sorry. Mr. Spanioli: That's all right. Later... Chair Sarnoff Let's go, folks. I still have a couple things left to do. I want to finish up with RE.12. Commissioner Suarez: Ready? Chair Sarnoff Have you put what you need to put on the record, Mr. Spanioli? Mr. Spanioli: I'll just re -mention, RE.12 is a resolution to approve the 2013-2014 capital plans for the City ofMiami. Chair Sarnoff Is there a motion? Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner -- Commissioner Suarez: Discussion. Chair Sarnoff -- Spence -Jones, second by Commissioner Suarez. You're recognized for the record. City ofMiami Page 39 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Discussion, discussion. I have a variety of specific and general issues with the capital plan. My specific issues are as follows. You know, one of the issues -- andl have to commend you for this, Mr. Chair, because you are -- you've become the artist of what I call the swap. You've figured out a way to swap one revenue source for another and somehow get two bites at the apple. I've benefited in this case, because they redrew our district lines so the park that was purchased would have been normally in your district. But, you know, I think we need to -- we really need to look at -- and I've said this before andl'm going to continue to say this. There's two issues that I'm very concerned about. One is we're not really budgeting for our capital plan, in my opinion. I don't mean to say -- this is kind of a brusque way of saying it but not in an intelligent manner. Okay, we've been doing things splitting them by district, dividing by five, that kind of stuff. When you're talking about streets, sidewalks, you have to take an intelligent approach, and in the case of for example, my district, it's indisputable that we have the most linear feet or linear miles of street, so you just can't do it splitting it by five. And then you have issues like -- and in this capital plan, you have the parking surcharge. Well, the parking surcharge money has to be used in an urban area or an area designated as an urban area or downtown area. So what, in effect, happens is an area that has less linear miles gets a lot of capital funding, and in an area that has longer or more capital miles -- I'm sorry -- linear miles of street and sidewalks and draining issues gets less funding. So what has, in effect, happened is my district is -- has basically run out of bond money, and you can say that that's partially because I'm efficient at spending money, which is a good thing. I mean, that's what our -- we're supposed to do as a body with our CDBG (Community Development Block Grant) money and our capital improvement and our bond money. But the bad news is that the needs don't stop; the needs continue. And every time I go to a community meeting, our -- and the Mayor can attest to this, you know -- our residents are asking for our streets to be paved, for sidewalks to be repaired, for curbing to be done, and for drainage to continue. So I think we have to get serious about budgeting for capital needs. We have a $500 million budget. Right now we've been -- it's been a hodgepodge of half -cent money that we bonded out. It's been a hodgepodge of our Homeland Security bond, which was a general obligation bond that the voters voted on. It's been some State funds that we received that are very limited because they have a variety of strings attached. We've used some CDBG (Community Development Block Grant) money. And I have to commend the Administration, you know, our Capital Improvement director. We have a great one. We've had a lot of great ones, but we've had a lot of them so -- andl commend them 'cause they're all -- they've all been good directors. We have to start thinking big picture. If we keep trying to put a Band-Aid on this issue, we're going to run into major problems, andl could tell you, my district's going to be the first one running into major problems because our money's out. I can't say that for all the other districts, but I can say that for my district, and the needs are not done. We have -- you know, we have a district that stretches from 17th Avenue Southwest to 72ndAvenue. That's, you know, approximately 60, you know, avenues. And it stretches from US 1 in some parts to Northwest 7th Street, so it's got a tremendous area. I could tell you right now -- andl'm going to speak with the Mayor about this and with our City Manager -- I will not support another budget going forward, period, that does not take a serious approach to our capital improvement needs -- roads, streets, and sidewalks -- if we're just going to keep doing this hodgepodge, if we're just going to keep doing this by borrowing money. By the way, our half -cent fund where we did the first series of bond money, that's what's funding our trolley system, our free wheel -based trolley system that is working very well in the City ofMiami. We just launched the Coral Way one. I'm very proud of it. It -- I even gotten text messages from the most vociferous opponents of that line. I remember at the beginning -- and the Mayor can recall 'cause we had some of the meetings in his office -- the most vociferous opponents of the Coral Way trolley are sending me text messages telling me how well it's working, how great the ridership is, how it's connecting Brickell to Coral Gables and Vizcaya, the Vizcaya Metrorail, so it's connecting different transit nodes. We can't use that money -- we can't bond that money out because the more we bond that money out, the less money we're going to have available; because we all know, when we voted on that, that that was not going to be a perpetual sustaining pot of money. So, you know, we really, really need to take a concerted approach to this, andl think we need to do it immediately or else we're going to run into some major, major problems. I'm City ofMiami Page 40 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 willing to vote on this capital plan today, but I can tell you that going forward, I'm not going to vote on a future capital plan or budget that doesn't take a serious approach to these very, very series issues. Thank you, Mr. Chairman. Chair Sarnoff Thank you. You know, let me just echo what Commissioner Suarez said, 'cause I was a registered "no" vote. I think Commissioner Spence -Jones was here. And this goes back a lot of years when they came to us, Commissioner, and said "Let's divide the street bond money by five." Now, while you may have the most linear streets, I have the most used streets in the City ofMiami and the most F-rated streets in the City ofMiami and that's -- those are the streets that a lot of people use to get downtown to work, so I didn't think it was a good idea to simply divide by five, but as you may imagine as Administration, it certainly works well for Commission districts. Commissioner Suarez: Sure. Chair Sarnoff But it doesn't necessarily -- Commissioner Suarez: Not intelligent. Chair Sarnoff It doesn't -- right -- solve the problems of the City ofMiami. Commissioner Suarez: Right. Chair Sarnoff So I will absolutely work with you going forward with any kind of street bond money, that it should be on a more need basis as opposed to a district basis, so I will support you on that. Commissioner Suarez: Andl think the other issue is that we need to stop borrowing money, in my opinion, to do it, because every person who's here today -- By the way, thank you all for coming for --I know you came to see us, not to see Vicky Mendez' swearing in ceremony, right? Every person who's here today has a household budget, and they know that they have to put away a little bit of money in savings for the eventual reroofing that they're going to have to do in their house or for the eventual capital improvement that they're going to have to do in their house, and we as a city should do the same thing. We should know what our annual ongoing capital needs, and I'm just talking about one segment of our capital needs, because our entire capital needs outstanding budget is $450 million, or somewhere in that vicinity. I'm just talking about streets, sidewalks curbing, you know, the things that we get the calls on, the things that our residents are like, `Man, we're paying taxes. Why isn't this happening? Why did our neighbor's street get paved and not our own? "So there needs to be a thoughtful, considerate process to moving forward; otherwise, it's going to be Armageddon, I could tell you. Andl can be -- it's going to be very, very difficult, so I'll just leave it at that. Chair Sarnoff All right. Commissioner Suarez: Thank you. Chair Sarnoff All right, so we have a motion; we have a second on RE.12. All in favor, please say iiye. " The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Sarnoff As amended. City ofMiami Page 41 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Thank you. As amended. Mr. Spanioli: Thank you. END OF RESOLUTIONS BUDGET BI.1 BUDGET DISCUSSION ITEM 13-01121 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET 13-01121 Summary Form.pdf DISCUSSED Chair Sarnoff Okay, how long will your budget discussion item be? Unidentified Speaker: Could be fast. Daniell Alfonso (Acting City Manager): Three minutes. Could be fast. Chair Sarnoff Three minutes. I'd like to get it over with 'cause I want everybody that came here to hear how the City ofMiami's doing budget -wise, right? Who does not want to hear this beautiful thought? Okay, see? Commissioner Suarez: It's too bad for you, Chuck; that's your job. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. We're now 23 days into the fiscal year. I have nothing major to report so far this fiscal year. I can give you a few ideas, ifI may, about how we ended the previous fiscal year. Preliminarily, we're finishing the last fiscal year in the black. This will be the third year in a row that it'll be in the black after four years of it not being in the black, so it's a major accomplishment of all of us. All departments are working hard closing out the books. Finance director andl are talking daily, more than daily about where all the postings are. Things can go up from now or down from now. I just have to qualify it 'cause there are still postings coming in. I'll skip ahead and say right now we are looking at a preliminary close of somewhere in the 13 to $14 million range. Commissioner Suarez: Mr. Chair. Chair Sarnoff Yes. Commissioner Suarez: Is that including the one-time bonus? Mr. Rose: No, sir. Commissioner Suarez: Yes. He's saying ` yes" and you're saying "no." Mr. Alfonso: Yes. Commissioner Suarez: I know, but he was saying no. City ofMiami Page 42 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 DI.1 13-01179 City Commission DI.2 13-01194 Mr. Alfonso: No, it is inclusive -- it's already accounting for that being paid out. Commissioner Suarez: Correct. Mr. Rose: Yes. Commissioner Suarez: So it's 13 above and beyond -- Mr. Alfonso: Right. Mr. Rose: Yes, assuming that -- Chair Sarnoff So that we were at 20 million; now we're at 13. Commissioner Suarez: We were at 19, yeah. Mr. Rose: Yes, sir. Chair Sarnoff Correct. Mr. Rose: Assuming that the payments get made, yes. Chair Sarnoff They were paid. Mr. Rose: Some of them have. Police and Fire have not been made yet. Fire voted just yesterday in the affirmative, so that one is coming up very soon, likely next week. We are still in negotiations with FOP (Fraternal Order of Police) at the moment. So we do have five departments that we're looking at needing an end -of -year budget adjustment. These are Civil Service, Fire Department, Police Department, Management & Budget, and Capital Improvements. These are all things that we brought to you in the past on the monthly reports that we give you, so things are coming that you've heard of before. We will have an end -of -year budget adjustment on in November, but things are good. This is going to be increasing our fund balance overall from 57 million plus 13, so in the 70 range, so we're on our way. Chair Sarnoff Wow, very good news. Anybody have any questions? Anybody from the audience handle any questions? Just checking. All right, thank you. Mr. Rose: Thank you. Chair Sarnoff All right. We are now in recess. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-01179 Cover Page.pdf NO ACTION TAKEN DISCUSSION ITEM City ofMiami Page 43 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 District 5- Commissioner Michelle Spence -Jones DISCUSSION CONCERNING THE SPRING GARDEN PARK/OLD SEYBOLD CARRIAGE HOUSE PROJECT. 13-01194 E-Mail-Discussion on Spring Garden Park.pdf DISCUSSED Chair Sarnoff Commissioner Spence -Jones, you wanted to talk about -- Commissioner Spence -Jones: (UNINTELLIGIBLE) 4 o'clock time certain. Chair Sarnoff Uh-huh. Commissioner Spence -Jones: So I really want to make sure I get Ernie and Eileen out of -- and then Mark. I just need -- and Robin -- I'm sorry. This -- Mr. Chairman -- not long, a few seconds -- I just want to make sure, Mark, one of the biggest issues, you know, is that Seybold house. You know, it definitely needs to be at this point demolished. Unfortunately, we can't preserve it on the river, but we have come up with a solution, and l just wanted to make sure the commitment that we made to them actually comes together. So Mark and, I believe, Robin have identified a way to kind of address it, and I just want them to put it on the record so that at least it is put in -- on the record so they can get started on it. Robin Jackson (Assistant City Attorney): And also the deeds -- Chair Sarnoff Wait, wait -- Ms. Jackson: -- need to be corrected. Chair Sarnoff -- wait, wait, wait. First off let them put it on the record -- Commissioner Spence -Jones: Mm-hmm. Chair Sarnoff -- then I'll let everybody speak. Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Sarnoff State your name for the record. Mark Spanioli: Commissioners, Mark Spanioli, director of Capital Improvements and Transportation. Right now the Seybold house, located at Spring Garden Park, has been pretty dilapidated for a number of years. Back when Mary Conway was the director of CIP (Capital Improvements Program), she actually shored up the structure with some steel beams and so forth. Just the other day, basically, the structure has collapsed. So we had anticipated doing demolition of the structure and replacing it with another small community center, so we allocated some small amount of funds in the capital plan to exercise the demolition activities and start the architectural planning process. We're working together with CDBG (Community Development Block Grant) and Parks to see where we can find some funds to build a new community center there. So that's where we stand today. Commissioner Spence -Jones: I don't know, Robin, if you wanted to put anything on, 'cause I think that was the issue of the bond dollars and -- Ms. Jackson: Thank you. Robin Jackson, Assistant City Attorney. In addition to what Mark said, we looked back at the history between the City and the community. This community raised the funds to donate two parcels to the City. There were deed restrictions that we just need to City ofMiami Page 44 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 DI.3 13-01196 District 5- Commissioner Michelle Spence -Jones honor in regard to that the properties continue as City parks, and if not so, then they revert to the community, so the community's asked for that to be honored, and we would make sure that those restrictions continue in the deed. We also have identified that they are available for Homeland Defense/Neighborhood Capital Improvement Bond dollars from several different categories. There's also funding available, we understand, from Parks, from impact fees; and also, George Mensah and CD (Community Development) are working with us to meet the national criteria for potential CDBG funding and all other sources. We're trying to pull that together. Thank you. Commissioner Spence -Jones: And l just wanted to let you guys know, 'cause I won't be here. You know how long they've been working to get this done, and the building is only going to be 1,000 square feet. They just want to have a place to have their community meetings. I'm asking, even though I won't be here, for you guys to continue to honor that for them. Chair Sarnoff Did you want to say something? Eileen Broton: Yeah. Chair Sarnoff You need to state your name for the record. Ms. Broton: Eileen Broton, 951 Northwest loth Court, vice president of the Spring Gardens Civic Association. We just want to make sure that the deeds are properly recorded, because there is an error in it, and that it's not just a community center; it's also a museum. It's a highly, highly historic area, and it needs to be preserved as such, and it'd also be a little park headquarters. Thankyou. Chair Sarnoff All right. Ernest Martin: Ernie Martin, 1000 North River Drive. Eileen indicated that this is -- this site has some real incredible history, and we want to make sure that we have an opportunity to showcase that and to emphasize what the community involvement has been so far. This area goes back to Wagner Creek, and in 1848, it was the site of a trading post by William Wagner -- John Wagner. There was also a -- during the Flagler era, it was Alligator Joe's, and during the Seybold era, Seybold was the one that built the Seybold building downtown, so we want to have a little museum in our neighborhood, a little small one, and also a place where we could meet. And the City has in the past spent $334, 000 to help us buy a site for the -- for this project. We raised the money ourselves, $600, 000 from the State and the County, and gave it to the City of Miami as a park. The City at the time did not want it because they didn't have in 1996 and 2001 the money to maintain it. So we, as a neighborhood, for seven years, maintained the property. And so we were hoping that the City would follow through on its commitment, which Arthur Teele, who was a resident of the area at the time, arranged for $334, 000 of City money. So -- Commissioner Spence -Jones: I think we got it, Ernie. I just wanted to make sure you guys put it on the record. Mr. Flowers, I mean, I just wanted to not have you guys not have this put on the record. The Commissioners will follow through on it, and l just wanted to make sure that, between CIP and Robin, that process is moving, okay? Mr. Flowers, I just don't want to hold up any more time, and hopefully, the group has spoken enough for -- okay? Thankyou, guys. Chair Sarnoff Thank you. DISCUSSION ITEM UPDATE AND DISCUSSION ON DIRECTIVES TO CITY ATTORNEY INCLUDING BUT NOT LIMITED TO A FAIR HOUSING LITIGATION MATRIX. City ofMiami Page 45 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 13-01196 E-Mail-Update on Directives to City Attorney.pdf 13-01196 Back -Up Document.pdf DISCUSSED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Carollo, and was passed unanimously, with Vice Chair Gort absent, directing the City Attorney to instruct outside counsel that once their damage model involving Fair Housing Litigation is finalized, to have a pre -suit settlement negotiation with Wells Fargo; further directing the City Attorney to have outside counsel work with Commissioner Suarez as the lead Commissioner on this matter, and for outside counsel to report to each Commissioner on the outcome of the pre -suit settlement negotiation. Chair Sarnoff All right, you ready for one more round? Commissioner Spence -Jones: Of what? Chair Sarnoff We got one more item. Commissioner Spence -Jones: Yes. Unidentified Speaker: DI3. Commissioner Spence -Jones: You going to be nice to me, Suarez? Chair Sarnoff No, we're going to end the way we started. DI3, you're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Actually, this particular item is actually -- I would like to have a response back from the City Attorney. This is in reference to the litigation, andl do understand that our office has actually met with our litigation team and has gotten a lot of great answers on this issue, but I know I asked for just information regarding where we are with the other banks and some of the things that they've done with the City, andl know I only got it for one bank, but didn't get it for the others, andl know that also -- Commissioner Sarnoff also had some issues on here. I don't know if you actually got it also, as well, the document that you requested as well. So it's two-part. It was really to get a response on my community issues from the bank perspective and then the follow-up to Commissioner Sarnoff s request. Victoria Mendez (City Attorney): On the -- I'll speak to the community matters. Bank of America is going to send whatever information they have with regard to their community efforts. They were trying to get me information as of last Friday, but unfortunately, they have been held up. Andl reached out to Chase as well, but they have not responded. Commissioner Spence -Jones: Okay. Ms. Mendez: So those are the main banks that have been participating with the City. Commissioner Spence -Jones: And Wells; you got the stuff from Wells? Ms. Mendez: Wells, I -- Commissioner Spence -Jones: Yes. Ms. Mendez: -- had already submitted to all the Commissioners the information that Wells provided. Commissioner Spence -Jones: Marc, I don't know, did you get your -- the information? City ofMiami Page 46 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff I got it, andl had the meeting with our attorney. Commissioner Spence -Jones: Okay, so -- I didn't get it, though. You did get it? You got the --? You didn't get -- Chair Sarnoff I got the matrix. Commissioner Spence -Jones: Oh, you got it today. No, the only reason I ask -- and Neil's just bringing it to my attention -- And let me just say this, 'cause I already know, you know, that my fellow Commissioner -- andl want to leave on a sweet note. Commissioner Suarez: Thank you. Commissioner Spence -Jones: Okay. This is something that's very important to him, and so I don't want to -- I'm not trying to rock any boats, but I do want, if nothing else, as I leave out, us to at least operate in a space of fairness, so as you -- it's no secret that this morning, I just -- we presented Wells Fargo with a proclamation, and the only reason I presented that was based upon all of the works that know that they're doing in the community already, andl use them only as an example, and not even knowing that our Chairman was going to come up with a green bike from Regions today. But my point in all of that is I just really wanted to see if there was any means of having a resolution with banks that have been true partners to us, like really have gone out their way to do great things for the City, to do great things for our communities. Is there another way to kind of address this issue? Not talking about litigation, but is there an appetite from this Commission to address that? And that's really -- you know, I don't want to make this a long, drawn out situation, but I think that it's important for me at least -- for me to at least bring it up. I think that I'm being responsible to bring it up. It's kind of like if you have someone that has partnered with you over the last four or five years and they've been helping you along the way, meaning the City, helping the City, to just totally not pay attention to the fact that they have been good partners. Now, it's amazing to me that banks like Chase and banks like Bank of America have not responded, and I'm not really sure why they haven't, you know. So I don't know if this is an important issue to them or not, butl do know that they have -- Wells has been extremely responsive, andl just would like to see or at least have -- at least a minute discussion on this issue. I know that -- Brian, I don't know if you wanted to at least add something. We can't talk about the lawsuit, but I know that this is something that you have requested to at least bring to the Board in reference to this issue, so can you please just put it on the record? Brian May: Absolutely, Commissioner. And first, I want to congratulate you, as well, for your years of service and for the great job that you've done for the community. You've been an inspiration to -- I know to your colleagues, but to a lot of people, so just want to appreciate that. My name is Brian May with offices at 235 Catalonia Avenue in Coral Gables. I'm really here today representing Wells Fargo, and you all have received this matrix of similar type cases that have taken place around the country, and you will draw your -- you know, your own conclusions as Commissioners from that. I know you only received that, I believe, this afternoon so -- but I think you will see when you look at that matrix that the thresholds for a number of those cases is that most of them have barely made it past the motion to dismiss phase, and when they do, their causes of action get severely narrowed along the way. So I would just say to you, for instance, in the case of the City of Birmingham, you know, the court found that there really was not the kind of nexus to city losses that was being brought in the original suit. But that being said, Commissioner, to your comments in terms of working with banks that have been good partners to the community over a very long period of time, I don't think there's anyone that represents that better than Wells Fargo, not only from the perspective of doing tremendous work in the community in terms of community lending and in terms of charitable giving but also from the perspective of being a good partner to the City for over 25 years as a -- in a banking relationship. So that being said I'm here on behalf of Wells Fargo to offer the City a formal offer City ofMiami Page 47 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 to collaborate and to open a discussion with the City Attorney, and anyone else that the City Attorney wishes to include, to actually develop a collaboration prior to the City deciding to file suit in a matter like this, and we make that effort in good faith as a long-time and a long-standing partner of the City and a long-standing partner of the community. And Wells Fargo values their reputation, and they value their relationship both with the City and with the community, and the offer is made in the spirit of collaborating and trying to get to a situation that you'll probably end up with anyway, maybe some a long time from now -- four or five years. These cases, as any serious litigation does, they don't take a short period of time; they take a long period of time, and we're trying to offer something that will, you know, frankly, prevent our good name from being dragged through the mud unnecessarily and, at the same time, keeping up our commitment both to the City and to the community. So -- Commissioner Spence -Jones: Thank you, Brian. Mr. May: -- I make that offer to the City. Commissioner Spence -Jones: And I'm just going to turn it over, 'cause I know the person that's been championing this whole issue has been Commissioner Suarez. And let me just tell you my feeling just in closing on this issue. My concern is -- and Brian mentioned it in the end -- is even though I'm transitioning out, my concern is I've seen these kind of lawsuits take place over the last eight years of being in office, and a lot of times, these things that we have very good intentions of having something great come out, they just -- it lasts longer than necessary. And then part of the issue and concern is, at this point we're receiving support from many of the programs in our communities. The minute we go into a lawsuit with them, all of those programs and those services that we've been providing -- I just want to be clear. Yeah, I mean, when you go into -- if you're suing an individual, if you're suing them, then everything that has been in place is halted at that particular moment. So I just want to make sure; it's just litigation, you know. So I just -- my -- when you see the thing that was really, really bothering me about, you know, why I kept kind of trying to address this issue, I just know so many people like Neighborhood Housing and Camillus, a lot of people have been relying on this support. You know, I just don't want it to affect anything that we're doing from the City's perspective for the people that really need it, and that was my really -- my real point. Andl think that what Brian was trying to put on the record, which is kind of what you said the last meeting, Commissioner Suarez, that, you know, there's offers or settlements or there was discussions around these kind of things. I think that what he's putting on the record now is that they would be open to talk about how do we address the issue of coming up with some sort of agreement that everyone could be happy with, and that's my only statement. I am officially done with this matter. I just wanted to bring it up. Commissioner Suarez: Well, first of all, thank you for the way that you conducted yourself on this item, because I think you're being true to your word as to not want to inflame the issue anymore -- Commissioner Spence -Jones: Right. Commissioner Suarez: -- and remain in a state ofjoy -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- as you have throughout the day. Andl would like to remain in a state ofjoy as 1 leave this meeting, as well. Commissioner Spence -Jones: Yes. Commissioner Suarez: No. Look, this is obviously an item I'm very passionate about. I have -- City ofMiami Page 48 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 this was never for me about a specific institution. First of all, let me say that we have our legal - - our attorney's here. He's been here all day. He actually flew in from out of town, andl think we should hear from him. You know, the last time we had a discussion, there was a discussion about, you know, him -- his availability, so he -- not only did he -- not only is he available, but he flew down here, and he's the person who has been formally engaged, by the way, by the City. So even though there isn't a lawsuit, there's a formal engagement of and a beginning of a legal process, andl think that's why the City Attorney, as well as our counsel, has cautioned us to be very careful about what we talk about and what we not talk about on this issue. For me, specifically, this was never -- and I've said this before -- about one specific institution, never. I was never trying to single anyone out. What has happened since we took the action unanimously - - and I've said this before -- really concerns me that it seems like there's one institution that has continued, in my opinion, to try to undo -- this is my opinion -- what we did and has been lobbying us vociferously and intensely, despite warnings from our lawyers not to do that very thing. I have said andl will continue to say whatl said before, which is, absolutely, whether there's litigation or not litigation, in any sort of dispute, there's always room for settlement, always. But there's a process, and there's a formal process, particularly when you have lawyers engaged in the process. And that process is: They have lawyers; we have lawyers; have their lawyers communicate an offer in writing to our lawyers. That's never happened. There's been all kinds of e-mails (electronic), this, that, the other, but as far as I know, that's never happened. So -- and that doesn't necessarily mean that this body will accept or reject the offer, but that's the way the formal process works. Now, I would be remiss, since we have made this all about one entity, to not provide some measure of balance, because they had an opportunity, as you said, with their proclamation this morning to make a nice presentation -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- about the things that they have accomplished. Andl have no doubt that those people were helped. In my particular case, I've seen instances with that same institution -- and I'm not trying to paint them with a brush. Again, I don't know what their involvement is in this community. But in Sacramento, for example, with the LIFT (Local Improvement Finance Trust) program, which is something that they could collaborate with, there were 400 people who qualified to get that $15, 000 down payment assistance. That would have been $6 million in economic incentives for that community. Of those 400 people, only 15 people are now in homes. So the difference between what has been offered and what has been accepted by the community is millions of dollars in difference. So that's issue number one. Issue number two is that the New York attorney general is looking into suing that institution for not following through on a national mortgage settlement, which was a $25 billion settlement. So again, I'll let our lawyers address whatever they want to address or not address on these issues. I just think there needed to be a little bit of balance -- Commissioner Spence -Jones: No, I don't -- Commissioner Suarez: -- from this morning's presentation, and, you know, there's a concept in the law called mitigation, and that concept is when you damage someone, the best thing to do to reduce a monetary compensatory award is to start mitigating. Andl don't think -- this is my personal opinion as a lawyer -- that if a lawsuit is filed, they're going to discontinue mitigation because it benefits them to mitigate. If they have damaged this community, it benefits them to reduce that damage by doing good deeds in the community, so that's -- I don't think that's going to stop. I think, if anything, they should redouble their efforts, to be completely honest with you. But I'll leave it at that. I think I've said my peace. You said your peace, and I'll let -- I'd like to have -- as their representative, who's very, very good and capable representative and excellent presenter, one of the best in the business, has made his presentation, I'd like to give our attorney, who flew here on a moment's notice and has been here -- this is the last item on the agenda. He's had to sit through -- City ofMiami Page 49 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: It's not the last, though. Commissioner Suarez: -- this -- I think so. I think this is the last item on the agenda. Commissioner Spence -Jones: Oh, this agenda here. Commissioner Suarez: Yeah. Commissioner Spence -Jones: Still got the CRA (Community Redevelopment Agency). Commissioner Suarez: So he's had to sit through -- Commissioner Spence -Jones: I know. Commissioner Suarez: -- this particular Commission meeting. So, Mr. Liberson, with your permission, Mr. Chair. Chair Sarnoff You're recognized for the record, sir. Joel Liberson: Thank you. Good evening, Mr. Chairman and distinguished members of the Commission. As you know, my name is Joel Liberson. I'm one of the lawyers who is outside counsel in the predatory lending cases that we're talking about. I had an opportunity a few weeks ago to sit down and meet with everyone on this Commission with the exception Miss -- Commissioner Spence -Jones, I think you were unavailable that day, so I sat down with Neil for quite a while. We went through the matrix. We went through a host of very detailed questions and issues that every Commissioner was concerned about, for good reason, and we talked about a number of issues that, I'm sure everyone can appreciate, I'm not going to discuss in public because it would be inappropriate for me to do so. That's privileged information, and have legal and ethical obligations not to do that. And it's been a long session, so I really just want to be brief. I am going to make one quick comment, though, on what you heard a few moments ago about the matrix and the merits of these claims and what the judges have done. I'm not going to sit here and get into debate in a public forum like this with what we were just told. It's simply not true, and there will be an appropriate opportunity for Wells Fargo, or any other bank, for that matter, that the City ends up suing to make that argument in front of a judge. Those judges have been -- those arguments have been repeatedly rejected, and that's really all I'm going to say about the merits of that argument right now. I just want to correct the comment that was made that is factually and legally wrong. With regard to what these cases are about, nobody is suggesting that this lawsuit demonstrates that the City is anti -banking. Look, I'm a CPA (Certified Public Accountant). I used to be in banking, as well as a lawyer. I full understand, and there are members of the legal team who have that background as well. We all understand how important a strong financial space is for any community. This is not about telling any particular bank, "You've done bad, you've done bad; we don't want to do business with you. We all understand full well what's happening in the big picture of mortgage problems. The government is suing all these banks. They're in trouble for a whole host of issues. These banks aren't leaving any communities. I mean, let's just face the reality. No bank is leaving the City of Miami because of this case. The case just isn't going to be big enough to do it. But more to the point, this is about a simple concept of accountability. In this country, you can make a buck as long as you play by the rules, but when you break those rules, there are consequences, and it's really just that simple. The statute we're talking about is the equivalent to the Federal Civil Rights Housing Statute. It was passed to be consistent with the other civil rights statutes that were passed back in the '60s to serve the same purposes of equality and making sure minorities are not discriminated against; this time, it's in the context of housing. This is about accountability, plain and simple, and when you engage in types of pracfices that the banks have engaged in in this great community and you have caused the damage that has been caused -- quantifiable damage; we're not speculating about this -- quantifiable damage to the City's fiscal City ofMiami Page 50 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 purse, it has caused all sorts of problems with regard to not being able to hire more police officers or firefighters or take care of all sorts of other great programs in this community. When the City spends money out of pocket to clean up the mess caused by these foreclosures, that's accountability, and that's all this case is about. Andl can't talk in public about what some of the statistical data shows. Let me simply say, once the complaints get filed, it will become crystal clear to everybody in this room and this community and the court just what we 're talking about and just how bad the conduct of these banks were with regard to issuing discriminatory loans to minorities and with regard to those loans going into foreclosure and with regard to the significant damages that were caused throughout this community. And again, I don't really want to say anything more, other than have -- make that general comment. But let's make no mistake about it, this is about accountability, and that's plain and simple what we are doing here. We are holding these institutions accountable for that which they have done wrong under the Federal Fair Housing Act in this community. And with that, I'd like to thank everybody for letting me speak. I know it's been a very long day. Commissioner Suarez: Thank you. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: Andl apologize; I wasn't here for the earlier comments of Spence -Jones, and don't know if Wells Fargo had a chance to address us and speak to that effect. Commissioner Spence -Jones: You had comments to say good-bye to me and say sweet things to me. Commissioner Carollo: Well, we're not -- we're still not done. Commissioner Spence -Jones: You know I can't wait to get your sweetness, right? Commissioner Carollo: Well, we're not done. Wait till we finish the meeting and then -- Commissioner Spence -Jones: Well, they already did. I thought that's what you meant. Commissioner Carollo: What's that? Commissioner Spence -Jones: I got flowers, I got a cake, I got a -- Commissioner Carollo: Well, you may get something else. Daniell Alfonso (Acting City Manager): Wasn't there a $2, 000 gift card, too, ma'am? Commissioner Spence -Jones: No, I don't want no -- no, no gift, no gift. Commissioner Suarez: Oh, wait a second. Whoa, Mr. Manager. Commissioner Spence -Jones: No, I don't want no gifts. Commissioner Suarez: Come on. Chair Sarnoff (UNINTELLIGIBLE). Commissioner Suarez: Come on now. Last item of the day, guys, come on, let's wrap it up, let's bring it home. City ofMiami Page 51 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: I'm sorry. Chair Sarnoff All right. Commissioner Spence -Jones: Carollo, I'm sorry. Chair Sarnoff You want to hear from Mr. May again? Commissioner Carollo: Sure. Chair Sarnoff He was pretty brief so go ahead. Mr. May: I'll just be very brief. Commissioner, the only comment that I made was that Wells Fargo is here in good faith, standing behind its commitment to the community over a very long period of time. I'm not going to address counselor's comments. I don't think it's really worth addressing at this point, but let me just say that we're here in good faith asking to open up a discussion with the City Attorney and opposing counsel, if that's the desire of this Commission, to talk about a collaboration agreement with the City prior to being sued, because when we are sued -- Commissioner Suarez: Yeah. Mr. May: -- it's not going to be fast, it's not going to be quick; it's going to take a long period of time. We're offering to step up and collaborate further and to deepen our relationship with the City rather than step away. And we'd like to just enter those discussions with the caveat that if you're not happy or we can't come to an agreement, then so be it. But all we're asking for is the opportunity to have that discussion with your City Attorney, with your opposing counsel, if everybody agrees, and to simply have the conversation before we get our good name dragged through the mud. Andl know there are all kinds of allegations that can be made, and they're all quantifiable, but I've read some of the cases and it's -- these are not easy cases. I'll just leave it at that. But we make that offer in very good faith. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I'd like to ask our counsel, what's the drawback of that? What's the drawback of listening to what they have to offer? Mr. Liberson: So let me make a couple comments. First of all, if there are going to be any settlement discussions made, the bank -- in particular, Wells Fargo -- has been instructed repeatedly to stop contacting anybody other than outside counsel. You are not to contact the City Attorney or the City Commission. If you have an offer to make, you contact me. Terry Krapfl, from Wells Fargo's general counsel's office, has been told this repeatedly, and yet, he has refused to respond to any of the last several phone calls I made to him. So there are to be no communications made to the City Attorney or directly to any members of the Commission. Commissioner Spence -Jones: Yeah, but -- Mr. Liberson: If you have something to say to me or if you have something to say about settlement -- Commissioner Spence -Jones: But -- Mr. Liberson: -- direct it to me. City ofMiami Page 52 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: Okay, can I -- Mr. May: Here's what I'd like to say -- Commissioner Spence -Jones: Okay, can I -- Mr. May: -- is that would hope it's in the purview of the Commission to make that decision. Commissioner Spence -Jones: Okay, I'm sorry. Chair Sarnoff Okay, okay, guess what? From here on out, it all goes through the Chair. Commissioner Spence -Jones: Okay. Mr. Chair. Chair Sarnoff You're recognized. Commissioner Spence -Jones: Okay. Let me just be -- I'm just trying to understand. Andl understand your position is you want to make sure that, you know, we don't speak to any of them regarding the litigation itself right? But it was never communicated or my understanding that we -- none of us could talk to them about -- you know, first of all, we're not officially in a lawsuit 'cause we haven't agreed to be officially in a lawsuit, correct? Mr. Liberson: I'm sorry, can you state it one more time? Commissioner Spence -Jones: We're not officially in litigation at this point? Commissioner Suarez: Yeah. Mr. Liberson: Not as of this particular moment. Commissioner Spence -Jones: No, we're not. So until we get to that point that we are in litigation, I was told that there was not an issue for us to have a discussion. I'm not going to talk to them about the lawsuit, but I can talk to them about what they have done for the City and for our programs and for other programs throughout the City. I don't -- and if they are saying they're open to that, what is the issue with it? I agree with Commissioner Carollo. I mean -- and this is the time -- this is the first time that it's come up for them to sit down and have a collaborative conversation with you; is that a problem? Mr. Liberson: The bank -- Commissioner Spence -Jones: I don't know if their legal person is here from the bank. Is the legal person here from the bank? Mr. Liberson: The bank has been repeatedly told if they want to make a settlement offer, they do it through outside counsel. Outside counsel has been hired and retained for this exact purpose. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: Thank you. Yeah, I think what's at play here or what's at issue from my perspective is that we're a political body, and so what can happen in a circumstance like this, and what I see and what scares me about it is that this becomes a political process and not about doing, in my opinion, what's right. And the reason why we engaged outside counsel is because City ofMiami Page 53 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 they're experts on these matters, and we were going to defer -- and there are plenty of references in the record to deferring to outside counsel and their expertise on these issues. For example, they may say -- just giving this as an example -- a collaboration agreement; sounds like a great term; $5 million sounds like a lot of money. Number one, do they have a record of actually following through on their collaboration agreements? Number two, is that $5 million in scale with what the damages are? The damages can be 20 times that; could be $100 million. So -- and we see this happen time and time again in our body. They will tantalize this body with a nice video which shows people getting -- no, no, no; yes. Commissioner Spence -Jones: Listen. Commissioner Suarez: Listen, listen, listen. I can -- Commissioner Spence -Jones: That wasn't -- Commissioner Suarez: Listen -- no, no, no, no. Commissioner Spence -Jones: -- (UNINTELLIGIBLE) in a nice video. Commissioner Suarez: Listen, listen -- no, no, no, no. Commissioner Spence -Jones: (UNINTELLIGIBLE) come out -- Commissioner Suarez: No, no, no, no, no. Commissioner Spence -Jones: -- with a video. Commissioner Suarez: Listen, I went through this exact same process in another matter, okay. They bring in -- a very sympathetic situation here. They play the game, and then all of a sudden, we back down, you know, and that's really not the professional way of doing things. We've hired outside counsel. They have an engagement, okay, and they're supposed to counsel us on what the exposure is, and they've been counseling us. They've had -- they've been totally diligent. And so for me, what worries me is that they're going to play the political process, and that's exactly what's been happening. I've been lobbied by several people, okay. I've told people `7 don't want to talk to anyone," and they still lobby me; just a different person. So, you know -- and I'm not here calling anyone out. It's just -- it is what it is. So, you know, I just think there's a formal process. We're analyzing what the exposure is. I think we're in the process of that. Another thing that concerns me is that we haven't said we're going to sue anybody. We're still doing our due diligence. Commissioner Spence -Jones: But I -- Commissioner Suarez: And we're in the final process of that, so it worries me that -- Commissioner Spence -Jones: And we support your -- I mean, I support your initiative. I don't have an issue with supporting your initiative. I don't think that this is what this is about. I thought in our last discussion that it was communicated that we are not officially in litigation at this point. It was told to us -- Commissioner Suarez: We're not. Commissioner Spence -Jones: Right -- that counsel would come in and brief everyone. He didn't brief me, personally, but he briefed Neil, and then Neil briefed me right after -- Commissioner Suarez: Sure. City ofMiami Page 54 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: -- you know. So Commissioner Carollo's question is a valid question. I mean, he just mentioned that counsel -- he has not heard back from counsel in regards to any of this. Their counsel is right here now, you know. His question is: Is there an issue with them having a conversation about a collaboration before you even get -- Mr. Liberson: There is -- Commissioner Spence -Jones: -- to the point of litigation? Mr. Liberson: -- an issue if they're bypassing counsel and counsel has been retained and it's well known. Look, if counsel wants to talk to me -- this is not the forum to be engaging in any substantive -- I appreciate your concern and we all do, but this is the wrong forum in which to be kind of debating the merits of this question. If counsel and only counsel -- no more of the lobbyists -- wants to talk to me and give us a bona fide offer, then that is fine. Commissioner Spence -Jones: And that's what -- we're making the suggestion now. I mean, is that an option? But you know what I'm saying, I'm -- this is my last night here. Mr. Liberson: I understand exactly what you're saying. Commissioner Spence -Jones: But let me just say this to you. It's not even about that. It's also your tone. It's like we are elected by a group of people, right? And we have a responsibility -- they're watching TV (Television) right now -- to ask the questions. So whether or not anybody else agrees with my position on it, I have a right to ask you questions in front of the body. I have a right to do that. If we're not in litigation, which is what I've been told, you know, that we can ask questions, I should have the right to do that, and the Commissioner, Commissioner Carollo, can do the same thing. We're supporting Commissioner Suarez, but I'm just telling you I won't be here for the rest of all of this, but the tone and the manner in which you're coming off it's not really like you really want to try to work on anything. Mr. Liberson: I'm sorry that that's the impression you have. What I am saying is I am more than willing, as every member on this dais knows, to spend as many hours as anybody wants to talk about this case, andl have done that, and the team has done that, and we have demonstrated a commitment to do that from day one. We are not, though, because we cannot legally, nor can we ethically, engage in any substantive conversation -- and that's what I've been trying to avoid, Madam Commissioner -- about the merits of this case, which includes the existence or non-existence of settlement or anything like that. All I am saying is that it is improper for the bank to continue to engage in dialogue with our client in the manner in which they have. Commissioner Suarez: Improper. Mr. Liberson: And to the extent that the bank wants to make a settlement offer, they know full well where to find us, and that is all I am saying. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I mean, my question, it stands. It's, I think, very simple. It seems that they want to engage in some type of -- I don't know if you would call it negotiation or conversation with regards to prior to the City filing the lawsuit, and it seems like that's what they're asking, and l just -- all said is, "Why can't that take place?" I mean -- and again -- City ofMiami Page 55 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Can I say something? 'Cause here's what has -- I think he would have to do, and I think Commissioner Suarez knows this implicitly. They're in the process of what they call due diligence, determining the damage model, and they -- it actually is a damage model. I don't know where he is in that damage model, so that damage model could be 30 million -- Commissioner Suarez: Right. Chair Sarnoff -- could be 3 million -- Commissioner Suarez: Right. Chair Sarnoff -- could be 130 million. So the bank comes to them and says, "Here's $3 million." Commissioner Suarez: Right. Chair Sarnoff He's saying, "Wait a minute." Commissioner Suarez: Exactly. Chair Sarnoff "The lastl looked at my damage model, we were north of" -- I'm just going to use made-up numbers -- "$15 million. " And then he knows you're going to come to him and say, "Well, why didn't you accept the 3 million?" Commissioner Suarez: Right. Chair Sarnoff "Because I was 80 percent through my due diligence andl had already had" -- let's just use numbers -- "$15 million in damages" or -- the number could be very much north of that. Andl don't know -- and candidly, I don't know how you feel about this, but once your damage model is sufficiently done, your due diligence is accomplished, could you, prior to filing a lawsuit, engage in settlement discussions once you're comfortable with your damage model? Mr. Liberson: Well, let me address ifI could for just a minute -- Chair Sarnoff Go ahead. Mr. Liberson: -- Commissioner Carollo's question. Commissioner Carollo: And ifI may, Mr. Chairman. I want you to address it in this fashion, because this is my original question: What is the drawback of listening to them if they want to enter in some type of conversation or negotiation? Now, I can understand what Chairman Sarnoff just said, but that wasn't your answer. If your answer was -- and listen, I work with a firm that we are widely known for our litigation support, and we understand about calculating damages and expert witnesses in the accounting field and all that, blah, blah, blah, but that wasn't your answer. I mean, if you would have answered -- if your answer would have been what Chairman Sarnoff said, "Listen, we're still calculating, " you know, "damages and as soon as we finish, yes, then we will, " you know, "engage with them in conversations, discussion, negotiations, " okay, then that to me would be reasonable, but that's not what you answered. And it seemed like what Commissioner Spence -Jones said that, no, we're not engaged in this, and then there was like whether they're engaging us and this back and forth. And again, I just -- I thought l just raised a reasonable question. Why -- you know, what's the drawback? Let us know what's the drawback of -- before the City files a lawsuit, you know, Wells Fargo entering in conversations or negotiations, you know, with the City and see if there could be some, you know, negotiation or compromise. City ofMiami Page 56 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Liberson: Let me try to answer it again, since I obviously did a poor job, andl apologize. As I indicated for the record, I have reached out to a gentleman by the name of Terry Krapfl who has represented he is the attorney in-house at Wells Fargo who is responsible for overseeing the cases in Baltimore and Memphis. I've had at least two conversations with Mr. Krapfl about the case. In addition to that -- and that involves, you know, settlement, but it's a general proposition; nothing in specific. In addition, as I was saying, within the past couple weeks, because there was concerns about the manner in which Wells Fargo was reaching out to the Commissioners directly, knowing full well that there was counsel retained on this specific issue -- We understand the City has a long-standing relationship with the bank and with other banks, and there's nothing wrong with the banks and the City having discussions in general about the great things that they can do for the community, but that's not what's been happening. It's been very specific pointed in an attempt to deter this body from moving forward. There is outside counsel. That is an inappropriate process. If Wells Fargo or any other bank involved desires to have a conversation about settlement, all they have to do -- and Mr. Krapfl from Wells Fargo knows full well -- is pick up the phone and call me. He has my cell phone. Mr. May: Commissioner -- Mr. Liberson: He knows where to find me. Commissioner Spence -Jones: Is this Mr. Krapfl? Mr. May: Yes, this is Mr. Krapfl right here. Terry Krapfl: Right. Mr. May: He's not a mystery, so -- and I think that some of those conversations have attempted to take place, and the response has not been what you just heard. Commissioner Carollo: And Mr. Chairman, ifI could for a second? I just want to make it clear for the record. Have I, in any way, shape or form, tried to deter you from moving forward? Mr. Liberson: Have you? No. Commissioner Carollo: Okay. I just want it for the record, because when you're saying that, you know, they're reaching out and "The Commission wants to deter me from moving forward" -- Commissioner Suarez: No, he didn't say that. Mr. Liberson: I didn't say that. Commissioner Carollo: I just want to be clear, because -- just because I asked what I thought was a very reasonable question, "Listen, what's the drawback of entering in conversation with them?" that doesn't mean that whatever they offer, I'm going to be in favor of or I'm going to think is a good deal, you know. But what's the drawback of even listening to them? I mean, I -- Commissioner Spence -Jones: I'm sorry. Commissioner Carollo: -- prior to us actually filing a lawsuit? Mr. Liberson: Andl -- Commissioner Spence -Jones: And ifI could just say one thing really fast, and we all know this sitting up here as City Commissioners, and for those that -- like Marc and I, that have been here for eight years, you know, and you guys been here close to four -- over four. Is it four now? City ofMiami Page 57 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Almost four. The concern for me is that, you know, we talk about going into a lawsuit or having a lawsuit -- a litigation, I should say -- and we're not even talking about time, because, you know, this could be four years, this could be five years. I mean, this could be time. Even just to gather the data -- andl'm just telling you someone that's doing a lawsuit now, you know, andl think we have -- on my end, I have a pretty thorough, you know, firm that's doing the work, but just how much time it takes to even gather that data, you know, andl'm just simply saying, and I'm agreeing with Commissioner Carollo, is -- you know, what is wrong if we're not in the middle of the litigation as of yet and we haven't officially filed if they are willing to sit at the table? Now, you just mentioned somebody -- I didn't even know he was here -- you just mentioned -- Mr. Liberson: Neither did I. Commissioner Spence -Jones: Okay. -- that's here, so -- I mean, right here is an opportunity at least to have a discussion; not in front of us, but at least now -- the person that you said has not been responsive, he's saying you haven't been responsive, so as a body, what do you think that means to us? Mr. Liberson: Oh, I agree, this is an entire -- I mean, look, I think parts of this conversation are becoming inappropriate only insofar as we're starting to talk about communications that impinge on the issue of settlement. I want to make it clear, ifMr. Krapfl wants to make a formal offer, he knows how to find me and he knows what to do. I don't want to belabor the point. I know it's getting late, andl'm not suggesting there's anything wrong, Mr. -- Commissioner Carollo, with what you're saying, or Commissioner Spence -Jones, with what you're saying. Commissioner Spence -Jones: So you're okay with talking to him? Mr. Liberson: He can always pick up the phone and call me. Commissioner Spence -Jones: So Mr. Krackwell -- Is that --? I'm sorry; I'm saying your name the wrong way. Mr. Krapfl: Sure. Commissioner Spence -Jones: Is it Krackwell? Mr. Krapfl: Krapfl, yes. Commissioner Spence -Jones: Krapfl. I'm sorry. Mr. Krapfl: And -- Commissioner Spence -Jones: Can you at least -- Mr. Krapfl: Sure. And what would like to do is just clam a couple of points and -- Commissioner Spence -Jones: Can you -- Mr. Krapfl: First of all, my name is Terry Krapfl, andl am in-house attorney for Wells Fargo. I'm based out of Des Moines, Iowa, andl have talked to Mr. Liberson a few times, but the tenor of the conversation has been, "You're going to get sued. We can talk after suit is filed." And my point has been we want to talk. We have a long-standing banking relationship with the City. We want to try to preserve the relationship in collaboration with the City versus become adversaries in a lawsuit. And that's what we're asking for, is the opportunity to sit down and visit before a lawsuit is filed and see if there's an opportunity to collaborate or work together to work out our difference than become adversaries in a lawsuit. City ofMiami Page 58 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff I think that opportunity exists. Commissioner Suarez: Of course it does. Chair Sarnoff I think what we have to -- Commissioner Suarez: Of course it does. Chair Sarnoff -- find outfrom -- andl don't need to hear this from you, counsel. We need to give our counsel the opportunity to create -- andl thinkyou call it this, even in your business -- what's called a damage matrix. Once that damage matrix exists, you can even provide, should you think this is necessary -- and this is hypothetical -- a draft of the lawsuit, which you may or may not want to do; send it to them prior to filing. Have a very significant, robust 30-day period of negotiation, failing and saying, you then just file your lawsuit. But I think the one thing we all know, andl thinkyou absolutely, implicitly know, until this matrix is done, this is extremely premature. Commissioner Carollo: And by the way, Mr. Chairman, it's not just a matrix; it's also -- you know, there's a lot of calculations that go into it. What's the, you know, risk of actually succeeding in the lawsuit? Time -wise, you know, there's a lot of -- that goes into it. Chair Sarnoff (UNINTELLIGIBLE), right. Commissioner Carollo: But again, you said that, and as soon as you said that, okay, you know, the light went on, and all of a sudden, I said, okay, you make perfect sense. But that's not what the counsel was telling us, so I was like why, why aren't they discussing it? Why --? You know, soI was baffled. And again, my original question was: What's the drawback? It's as simple as that. What's the drawback of listening to them, of possibly coming into some agreement prior to filing a lawsuit? Now, if counsel tells me, "What they're offering isn't good enough, " or "I'm not ready 'cause, you know, we still haven't calculated damages and we're in the process, " I can understand that, and that's probably a valid excuse, but I haven't heard that. Commissioner Spence -Jones: But even when -- Commissioner Suarez: Wait, wait, wait. Can I please --? Chair Sarnoff Wait, wait, wait. Commissioner Suarez: Thank you. Chair Sarnoff Through the Chair. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. This was my item, andl want to thank all the Commissioners who supported me unanimously on moving forward on this item. I brought this item as a discussion item. Nobody came to talk to me from Wells Fargo at that time. I brought it again as a discussion. That means two weeks passed then another two weeks, so that was a month, then another two weeks before it came before this body as a resolution, okay. That was on March 29 of 2013. We're in October 24 of 2013. That's seven months, okay. Have you received any collaboration agreements? Mr. Liberson: From whom? Commissioner Suarez: From them. Have they sent you a collaboration agreement? Mr. Liberson: A document called a collaboration agreement -- City ofMiami Page 59 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Yes. Mr. Liberson: -- or anything that's the equivalent thereof no, I have not. Commissioner Suarez: Have they sent you a settlement agreement or settlement offer in six months? Mr. Liberson: No. Commissioner Spence -Jones: But this -- Commissioner Suarez: So -- wait, wait. No, wait, wait. Have you -- Mr. May: That's not -- Commissioner Suarez: Wait, wait, time out. Wait, wait, wait. Mr. May: Please. Commissioner Suarez: Have you been prevented by anyone from sending our attorney either a settlement agreement or a collaboration agreement in the last six months? It's a "yes" or "no" question. Mr. May: Commissioner, you just heard -- Commissioner Spence -Jones: Heard him say it. Mr. May: -- Mr. Krapfl tell you that they have offered to have discussions and were told that they should get used to the fact that they are going to get sued, and when a suit is filed, then they could talk. Commissioner Suarez: Let me ask -- wait, but let me ask you a question. Mr. May: That is -- that's -- Commissioner Suarez: Let me ask you a question. Mr. Chairman? Mr. May: -- the tenor and tone, andl think you experienced a good bit of that -- Commissioner Suarez: Mr. Chairman? Listen, come on, Mr. May. Mr. May: -- in this discussion. Commissioner Suarez: Listen, listen, please. We're talk -- we're playing games here. This is politics versus lawsuits; things that have to be done in the public realm versus things that should be done in shade meetings and to preserve our position in a lawsuit, okay. But very simply, they have no prohibition -- you have no prohibition from making an offer of settlement at any point. This is -- we resolved this six months ago -- actually, seven months ago, and they haven't sent one offer of settlement. They haven't sent one, you know, collaboration agreement. In other words, the ability to do that has always been there, and it's never been done. What they've done instead is hire a lobbyist to talk to us, to bring it before the Commission, to air this out publicly, and that, I think, is inappropriate. I'm sorry, okay. Mr. May: Commissioner, ifI -- City ofMiami Page 60 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: That's -- let me -- Mr. May: I want to put something on the record. Chair Sarnoff Let me take this in a different direction. To our lawyer -- and I'm not asking -- well, I'm going to ask it; you could say whatever you need to say. When will your due diligence on your matrix of damages be done, do you anticipate? Mr. Liberson: I mean absolutely no disrespect whatsoever to you, Commissioner -- Chair Sarnoff You can't comment. Mr. Liberson: -- andl think you know that. I cannot comment publicly. Andl mean no disrespect to anybody on the dais when I make that comment. Please understand that. Commissioner Suarez: This is not the proper forum to be dealing with this. Commissioner Spence -Jones: Okay, we -- listen, I'm fine with -- You know, I think that we have kind of aired the issue out, andl respect the fact, Commissioner Suarez, that you brought this item with good intentions to do the right thing, so I don't want it to be seen in any way that you were not -- that was not your intentions. I just -- you know, again, I'm operating -from the other side of the coin, and that is the benefits that have come from, quite frankly, the only real bank that I've seen doing anything at least in my hood, you know, andl understand what you're saying. I understand, but, yeah, there's also a lot of bad that's been going too. Commissioner Suarez: Thank you. Commissioner Spence -Jones: So I want to acknowledge that. Andl want to respect the fact that you are pushing an issue like this, 'cause in the end, my community is going to benefit from it, you know, so I just think the -- as we heard earlier, I think it's a lot to do with, first of all, is there a willingness to want to even sit down and have a conversation? I'm just saying in general with these two gentlemen. Mr. May: Sure. Commissioner Spence -Jones: And just based upon -- I'm just telling you the reaction that we got today just for even asking a question and we're not even in litigation, and then they come and confirm -- let me finish -- that they did try to reach out, and that did not happen. So I think that -- and this doesn't have anything to do with politics. Yeah, this is about here is a bank that has worked with this community, and they're coming to the podium and saying, "Hey, can we try to collaborate or pull something together that the City Commission would be comfortable with?" And so -- I'm going to shut up; just this last little, little point, little point. So I'm just -- my question is: What is the issue with them sitting down and having a discussion? Commissioner Suarez: There is no issue. Commissioner Spence -Jones: So there's no issue? Commissioner Suarez: No, of course not. Commissioner Spence -Jones: Okay. Commissioner Suarez: But what I'm trying to say -- andl want to address specifically Commissioner Carollo's point, 'cause it is a good point -- there is a process for -- a formal City ofMiami Page 61 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 process to do that. You send an e-mail with the document. He has a legal obligation, an ethical obligation to transmit that document to us, so there is a chain of custody, if you will, a chain of the way things work formally. They have had six, seven months to put an offer in writing to our attorney. I'm sure his e-mail, like mine and like Commissioner Sarnoffs, is registered in whatever Bar he's licensed by in the State. Mine is on the Florida Bar website. Yours probably is as well. So you can find the lawyer very easily. You can send them a settlement agreement, a collaboration agreement. It's simple. It's not complicated. It's not about whether they want to talk, whether he wants to talk, or whether he doesn't want to talk. It's really not up to him. Commissioner Spence -Jones: Okay. Commissioner Suarez: He represents us. So what I'm saying is, if they send him an e-mail or a letter, he has to communicate it to us. He has no other option. He can't say, "Oh, they sent me this collaboration, but I'm -- I really want to hold out for more money. I'm not going to show it to these guys. Commissioner Spence -Jones: I gotcha. Commissioner Suarez: You get what I'm saying? Commissioner Spence -Jones: I gotcha. Commissioner Suarez: So if they would just follow the formal process instead of hiring lobbyists to come communicate with us -- Commissioner Spence -Jones: I gotcha. Commissioner Suarez: -- then we'd be able possibly to resolve this -- Commissioner Spence -Jones: Are you open -- Commissioner Suarez: -- maybe even without litigation. Commissioner Spence -Jones: And guess what? This would still be a major win for you, Commissioner Suarez. Commissioner Suarez: Thank you. Commissioner Spence -Jones: Because if you could get -- Commissioner Suarez: For the community; it's not for me. Commissioner Spence -Jones: Yes. What I'm saying, major win for you 'cause it is your item. If you are able to resolve something with a bank without even going through four or five years of litigation and there's something that comes out of that's good for the community, that would be great. I just want to -- I'm going to give you two minutes -- two seconds to just say something really fast, 'cause I know that you've been itching to say something, and then I'm done with the item. Alan Diamond: Thank you. Mr. Chairman, Commission, my name is Alan Diamond. I signed up to be a lobbyist this morning. I haven't taken the ethics course, but I'm -- Commissioner Suarez: Waived. Mr. Diamond: -- willing to do that at the earliest possible date. City ofMiami Page 62 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Waived. Mr. Diamond: I practice law at 333 Avenue of the Americas, with the law firm of Greenberg Traurig, and we represent Wells Fargo. There's a very simple point to be made here. There's a bright line. There's no lawsuit filed yet. There's always time to file a lawsuit. We, as your bank for the last 28 years, would like the opportunity to sit down with your City Attorney, with your outside attorney and discuss alternatives to being in that lawsuit. That's a bright line; everybody knows it. Right now, with all due respect, there is no Florida Bar prohibition against a business entity speaking to its client -- Commissioner Suarez: I never said there was. Mr. Diamond: -- about, you know, not filing a lawsuit. We're asking you, before you file the lawsuit, let's have a discussion; not after you file the lawsuit, because, as you well know, the law will provide required mediation and other opportunities years from now to have that discussion. We'd like to have that discussion first. Chair Sarnoff Mr. Diamond, you andl have known each other for years. Mr. Diamond: Yes, sir. Chair Sarnoff You would agree with me, before he fulfills his fiduciary obligation, which you would agree he has one. Mr. Diamond: Yes. Chair Sarnoff Before he fulfills his fiduciary obligation to this august body, he must have a damage model and matrix. I actually would like to see that happen as well. I don't know that it has happened. I don't know that it hasn't happened. I have heard these damage models take a considerable amount of time, 'cause as you andl would agree, every city -- even if the liability is the same in every city, the damage model would be different 'cause cities operate differently. Mr. Diamond: Correct. Chair Sarnoff I think before -- so you would agree with me the doorstep to this discussion is his, at least, ideation of what the potential damages are to the City ofMiami? Mr. Diamond: Yes. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair, may --? Chair Sarnoff I don't know that that's happened yet. Mr. Diamond: No. Well, our position is finish your due diligence. Chair Sarnoff Right. Mr. Diamond: Before you file the lawsuit, sit down with us. We are ready, willing, and able to do that. Why the rush to file a lawsuit, which, in and of itself, creates all sorts of dynamics which we're all familiar with? Why do that when you have an opportunity to avoid it? Chair Sarnoff Agreed. City ofMiami Page 63 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Mr. Chair, may I? Chair Sarnoff You're recognized. Commissioner Suarez: Mr. Diamond, I also think you're a phenomenal lawyer. I never would andl never did intimate that the Florida Bar prevents principals from contacting other principals in a dispute. That's not the issue. The issue isn't whether the Florida Bar prevents it. The issue is we didn't think it was prudent for a principal -- for there to be principal -to -principal contact, because this is a highly technical lawsuit, and it requires expert counsel. So, you know, what is -- the fear is that they're going to tantalize something, like, you know, a certain amount of money, and then you're going to lose sight of what the true measure of damages as the Chair has said. So that's kind of the issue on that. But would you agree or disagree that you have had seven months to present a settlement offer in writing? Mr. Diamond: I personally have had one day. Commissioner Suarez: Okay. Well, would you agree or disagree that your client has had seven months? Mr. Diamond: I've been doing litigation for 40 years. Commissioner Suarez: Right. Mr. Diamond: There's always time to litigate. The time to resolve a matter is before that lawsuit is filed. This is a long-standing relationship with the City. This has been your partner. This has been an entity that's helped you immensely when you really needed help. Commissioner Suarez: Listen, we're not trying the case right now. Mr. Diamond: And all they're asking for is a chance to discuss it before you file a lawsuit. Commissioner Suarez: And all I'm asking you is that they've had 30 times 7, which is 210 approximate days to offer a collaboration agreement or a settlement agreement. They've had 210 approximate days, 210, and they -- Mr. Diamond: I hear you, but the damage model isn't even finished. Commissioner Suarez: Okay. Mr. Diamond: They couldn't -- Commissioner Suarez: So wait -- whoa, whoa, whoa, whoa. Mr. Diamond: -- even talk about -- Commissioner Suarez: So now you're saying -- wait, wait -- you can't offer a settlement because our damage model isn't finished? So then why should we be sitting down and talking to you? Mr. Diamond: You should -- when you're ready and you know what your position is, then you should sit down. There's always time -- Commissioner Suarez: I agree with you, of course. Mr. Diamond: -- to file a lawsuit. City ofMiami Page 64 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Of course, I agree with that wholeheartedly. Chair Sarnoff Is that -- I think we're all in agreement. Commissioner Suarez: I think we are, actually. Chair Sarnoff I actually think we are. Commissioner Suarez: I think we are actually in agreement. Chair Sarnoff So I think we can instruct our counsel, once your matrix is done, we are asking you to have a pre -settlement conference with Wells. Commissioner Suarez: Mr. Chair, may I just say one thing? Chair Sarnoff What? Commissioner Suarez: I just want to say that want you to put for the record that you've had an opportunity for 200 -- or your client has had an opportunity for 210 days to present an offer of settlement, a collaboration agreement in writing, and they haven't done it. Mr. Diamond: Quite frankly, I can't speak to that because I do not know the history, but I know where we are today, and today, we're ready, willing and able to speak before the lawsuit is filed in a collaborative effort to work out an agreement -- Commissioner Suarez: You're almost as good as Mr. May. Mr. Diamond: -- that would satisfy the City. Commissioner Suarez: You're almost as good as Mr. May. Commissioner Carollo: Mr. Chairman, I think we're all sort of in agreement with what you said. Commissioner Suarez: We are. Commissioner Carollo: And I -- listen, I'm not an attorney, so I'm not sure how this usually works, but usually, do you automatically send something, some type of agreement, or there's conversation between the two attorneys? And if the conversation is, "Hey, listen, we're filing against you, don't talk to us," it becomes an acrimonious, you know, situation. And listen, I don't want to get into the details. You know, I think what we're directing as a body -- and l just want to make sure -- Commissioner Suarez, I just want to make sure we're all in agreement. I don't want it to be -- Commissioner Spence -Jones: So I guess you're going to put it just in a motion that before it actually -- before they actually file a lawsuit, that at least there's a -- what do you call it? -- a settlement? Chair Sarnoff Pre -settlement negotiation take place. Commissioner Spence -Jones: Pre -settlement negotiate -- oh, conference. Commissioner Carollo: And come back to this Commission -- Commissioner Spence -Jones: Yeah. City ofMiami Page 65 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Carollo: -- or to each Commissioner so we actually know, you know, what is actually the, you know, the outcome of those negotiations. Commissioner Suarez: I don't have a problem with that at all. Commissioner Carollo: Right. And that's why I'm saying I think we're all in agreement. Commissioner Suarez: I just want the record to reflect, 'cause there is an impression that's being left that they haven't had that opportunity, and that's inaccurate, because every single day that goes by, they can do that. They can -- and if they can't do it -- Chair Sarnoff Commissioner, let's be clear. We're not in a position -- Commissioner Suarez: We're not. Chair Sarnoff -- to do it, because we haven't determined what our damage model is. Commissioner Suarez: We're not, we're not, we're not in a position -- He's not in a position to give us an educated -- Chair Sarnoff Right. Commissioner Suarez: Right. But they are in a position at any moment, 'cause they know what the damages are, 'cause they caused the damages, so -- right? Chair Sarnoff How many cases have you mediated? Commissioner Suarez: How many cases I've mediated? Chair Sarnoff That you've been in mediation. Commissioner Suarez: Zero. Chair Sarnoff The first offer is never the last offer. Commissioner Suarez: Of course. Chair Sarnoff Doesn't even resemble what the last offer looks like. Commissioner Suarez: But what I'm saying is they can put the first offer or last offer or any offer in at any time; you know what I'm saying? Even a collaboration agreement, tomorrow they can -- Mr. Diamond can wake up, crank out a collaboration agreement and fire it off to our attorney, and he has an ethical obligation to show it to us, to give us advice on it, even if the advice is, "Listen, guys, I can't give you, you know, a more educated counsel on this 'cause we don't have our damage model." Commissioner Spence -Jones: Mr. Chairman, I mean, I think we should close it. Commissioner Suarez: Yeah. Chair Sarnoff I agree. Commissioner Spence -Jones: Frank -- City ofMiami Page 66 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff I agree. Commissioner Suarez: Andl think we have a resolution. Unidentified Speaker: Yeah, I think -- Commissioner Spence -Jones: I know you want to say something, Frank; I could see it all over your face, but five people have already gone up to speak. Unidentified Speaker: What's happened, it's all (UNINTELLIGIBLE). Commissioner Spence -Jones: But I think -- Chair Sarnoff Okay. Just ask -- Commissioner Spence -Jones: -- we have a resolution that -- Chair Sarnoff -- never snatch from the jaws of victory defeat. Commissioner Spence -Jones: Okay, so the resolution you -- Commissioner Sarnoff, is to -- Chair Sarnoff No, we're asking our counsel. Commissioner Spence -Jones: Right. Chair Sarnoff We're instructing our counsel that once your damage model is done, that you have a pre -suit settlement negotiation with Wells. How you wish to conduct that, under what formality, informality you wish to, I think we shouldn't dictate that to you, but we want to know that you had those discussions. Andl think you should then come back to each individual Commissioner and report. Commissioner Spence -Jones: So move. Commissioner Carollo: Prior -- Commissioner Spence -Jones: So move. Commissioner Carollo: Second; prior to filing the lawsuit. Chair Sarnoff Correct, pre -suit, pre -suit negotiation. Commissioner Suarez: And my only issue -- I have a couple issues with it. The first issue is that they can put whatever offers they want in writing at any time, so that's that issue. But my second issue is what if they decide to delay it? Commissioner Spence -Jones: Delay what? Commissioner Suarez: Delay the -- in other words, what if our counsel reaches out to them and says, "Let's schedule it next week," and they say, "Well, we're kind of busy next week"? Commissioner Carollo: The counsel -- Commissioner Spence -Jones: I mean -- Commissioner Carollo: -- comes back to us -- City ofMiami Page 67 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: And tell us. Commissioner Suarez: Okay. Commissioner Carollo: -- and tells us, "Hey, this is going on, " and reports back to us. Then -- Chair Sarnoff Let me say one thing to Wells. If in 14 days you can't find time to sit down with him and he notifies you, I will consider this: Presumptively, you have no interest in negotiation. Mr. Diamond: We'll find plenty of time. Chair Sarnoff I'm sure you will. I'm sure you will. Mr. Diamond: Thankyou. Commissioner Spence -Jones: And let me ask you just before I leave, who's taking the lead? Are you -- Commissioner Suarez? Usually when we have these projects -- Commissioner Suarez: I sincerely hope so. Commissioner Spence -Jones: So you're going to be -- you'll be working with both of these parties, right? Commissioner Suarez: Sure. Commissioner Spence -Jones: So some -- they'll have a direction from both, right? I mean, from you. Commissioner Suarez: Perfect. Commissioner Spence -Jones: Right? Commissioner Suarez: Yes. Commissioner Spence -Jones: Okay. Commissioner Suarez: Thank you, thank you, thank you. Chair Sarnoff All right. Commissioner Suarez: Thank you. Chair Sarnoff Thank you all. Mr. Diamond: Thankyou. Mr. Liberson: Thankyou. Commissioner Spence -Jones: We already had a motion? Chair Sarnoff Motion, second. All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 68 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Motion to adjourn. Commissioner Spence -Jones: No. Chair Sarnoff But we -- Commissioner Spence -Jones: Oh, yeah. Chair Sarnoff No, we do, we do. We do adjourn, but then you have to re -open your CRA (Community Redevelopment Agency) meeting. Commissioner Spence -Jones: Okay. Commissioner Suarez: Oh, we have a --? Todd B. Hannon (City Clerk): And we just need a couple of minutes to flip the tape. DI.4 DISCUSSION ITEM 13-01201 District S- DISCUSSION ON PROPOSING CERTAIN BOUNDARIES FORA LITTLE Commissioner HAITI CULTURAL AND/OR CONSERVATION DISTRICT. Michelle Spence -Jones 13-01201 E-Mail-Little Haiti Cultural Conservation Dist.pdf 13-01201 Back -Up Documents.pdf DISCUSSED Direction by Commissioner Spence -Jones to the City Manager for the Planning Department to work with community group leaders in determining the best option available, such as a Cultural Conservation District or a Historic Neighborhood District, in creating certain boundaries for Little Haiti. Commissioner Spence -Jones: Thank you, Mr. Chairman. Andl guess the item is really a discussion item. It's not really -- I don't know if we need a full quorum, 'cause we're not actually voting on an item, right? No, we're not voting on an item. I don't -- I just want to make sure that Commissioner Suarez is on his way back. And just real fast, Madam City Clerk, can you just give us a update on the agenda? Did we complete the agenda? Chair Sarnoff No. Commissioner Spence -Jones: No? Chair Sarnoff No, we're not. Commissioner Spence -Jones: So we have more on the agenda? Chair Sarnoff Yes. Commissioner Spence -Jones: Okay. So I'll be mindful of time, okay? Chair Sarnoff We are on the discussion item for DI.4. Commissioner Spence -Jones: Thank you, Mr. Chairman. City ofMiami Page 69 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff You're recognized for the record, Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman. So what I'd like to do -- I know that we have some elected officials. I do want to make sure that we address them first because they have some other things that they -- engagements that they have to attend to, so I really would like for them to at least step up to the mike. But as they step up to the mike, I just want to officially put some things on the record. Are they still here? Is Commissioner Monestime still here and Lucie? Okay, great. The Haitian community -- andl want everyone to be all on the same page as to how we got here, because there's so many different questions around, you know, why are we dealing with this issue now. But this is -- actually been a request that was made even prior to me being in office by the late Commissioner Arthur Teele. This was something that, actually, he was in the process of working on to make sure that the community in that -- the people in that community were acknowledged in a very positive way. My responsibility was to keep that promise, but in the midst of all of this, what we wanted to do was make sure that the neighborhoods -- not talking about the districts -- but the neighborhoods in those particular areas were respected, so we had several rounds of meetings with the Planning Department. We met with several neighborhood associations and a few of the business associations that were in the area, and we basically got their feedback based upon the information and knowledge that they had around their areas. So today what we're going to do is we're going to -- this is only a discussion item, but this is a discussion item that we want to move to the next level so that we can move on this process. I'm going to -- I don't know if the -- let me go ahead and get the elected officials out first, and I don't know if the Planning Department -- is the Planning Department here? Okay, Francisco, I don't know if you -- Commissioner Monestime, if you want to hear from the Planning person or if you'd like to put your statements on the record before he puts his? Jean Monestime: No problem. Commissioner Spence -Jones: You got -- okay. Well, let me do that first so you at least have a context of what's going on, so Francisco. And Gregory Gay, let me also thank Gregory Gay for every neighborhood association meeting that he went to in a matter of two weeks. You did an outstanding job. So, Francisco, I want to acknowledge him for that. But I'd like for you guys to officially put on the record as to where we are now and then we will go into the elected officials. Francisco Garcia: Thank you, Commissioner, Commissioners. Francisco Garcia, Planning & Zoning director. For the record, basically, based on our conversations internally, what we have outlined are some ways in which other areas of special interest throughout the City had been recognized. We had established in various conversations that, typically, our neighborhoods are self-idented, and so there are names that carry historic significance, names that have been used throughout the history ofMiami to identify a certain enclave within the City, but in terms of what we in the City ofMiami can do to identify and provide more specific regulations, we have basically two options at this moment. I will take half a step back to tell you that, historically, there had been other options, but I'd like to clam that some of those options went away with the previous zoning ordinance, Zoning Ordinance 11000, but I'll go through a brief list just so that everyone is as clear as they can be and then I'm happy to follow up and answer any questions you may have. So we've discussed the possibility of studying a neighborhood conservation district. We presently have three of those in the City ofMiami. Two are in Coconut Grove and the third one is the -- rather, the first one in order, but the other district is Coral Gate. One in Coconut Grove that occurs to me is, to some extent, aligned with the ideas that I've heard about. The Little Haiti Cultural District is the Village West Island district in Charles Avenue, which is neighborhood conservation district number 2. There are historic districts or historic neighborhood districts. These, of course, are ones where we identify that the age of the buildings in the area are predominantly 50 years or older and that they have identifiable characteristics that are worth protection, and there we basically put in place an overlay that requires special permits and also a special hearing through the Historic and Environmental Preservation Board prior to being able to modnj, or certainly demolish any building in the area, so those are historic City ofMiami Page 70 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 districts. And then there are other overlays for zoning designations that can be used, should there be a need to either foster a particular type of development or prevent a particularly undesirable type of development, and there are a number of those throughout the City. Now, these are the three mechanisms or tools that we have now in our zoning ordinance or zoning construct. If our study of the area revealed that there were other desirable mechanisms to protect or foster the cultural identity of the area, we would certainly be happy to explore that. From where we stand now then, we are actually eager to receive direction from the Commission and work with the community to explore what options there may be to, once again, both recognize the cultural heritage in the area and help the area grow and redevelop positively. Commissioner Spence -Jones: Okay. So -- you know, Francisco has such a soft voice; I'm hoping everybody kind of understood But for the most part, your recommendation there is two areas, designations that the groups can decide on what makes the sense -- the most sense, and your real recommendation is that we go through the process to do that in order to identify a district, not a neighborhood, but a district aligned with Little Haiti, correct? Mr. Garcia: That is correct. Commissioner Spence -Jones: And we talk -- we're talking about doing something very similar -- so this is not Wizard of Oz -- to what we already have happening in the Grove already with -- is it the West Grove or just the regular Coconut Grove? Chair Sarnoff Both. Commissioner Spence -Jones: Both, so two in the Grove. So -- and that was to make sure, I guess, the Bahamian cultural references were remained in the heart of the Grove. So the same type of thing we're asking to kind of happen or what we're seeking to do is look at those options in the Little Haiti area, correct? Mr. Garcia: That is correct. Commissioner Spence -Jones: All right. Mr. Garcia: Thank you. Commissioner Spence -Jones: Do you want to put on -- anything on the record really fast, Greg? Gregory Gay (Planner II): Gregory Gay, City ofMiami Planning Department. I just wanted to present to the Commission that, thus far, we've had a few meetings with different communities, different homeowners associations and the like, and we know that this is something that's going to take a considerable amount of time and it's going to take a lot of patience. There's been some documentation that has been put out into the public either through the Herald or through other media sources, andl just want to say that some of that information was, more or less, in a draft form and it shouldn't be taken as literal as it was presented, and as -- it was just, more or less, information as we begin to develop and kind of figure out how we 're going to go about the particular process. As Francisco has already identified, we've already determined the processes that we can do within the Planning Department, and we're going to follow that particular protocol. Commissioner Spence -Jones: Thank you. So I want to thank the Planning staff once again. I want to say before Commissioner Monestime comes up, you know, one of the most challenging things that it has been for me and my district over the eight years of being elected -- I'm not going to say elect -- serving, but eight years of being elected has been to really unify all of the communities that have in my district, andl say that to say, you know, when you represent a very diverse community -- andl can say probably more so than any of my fellow Commissioners -- City ofMiami Page 71 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 you know, it is very difficult 'cause people have their own belief systems, their own cultures, and how they live, and what they think and believe is important to them. My difficult balance has always been trying to find the beauty in both -- in all those things so that we could highlight each other's cultures instead of pointing out their faults or negativity around their faults. And can honestly say we have never really had an issue in the eight years that I've been in office with the Little Haiti community at all. I support 100 percent Little Haiti having its own district. I think the community deserves to have it. I support it 100 percent, so I want to make that very clear. From day one getting into the office to now, I support Little Haiti having a district. That's extremely important to us. Applause. Commissioner Spence -Jones: Outside of you know, Commissioner Teele's -- the promise that he made to the community, I think that it's my obligation and my responsibility to carry that out. I do want to respect the process, and that's why we begin to put these things in place to do that. Unfortunate, I won't have the time to do what I really wanted to do in order to, you know, get things done, but hopefully, whoever carry on this work will make sure it's done properly. But I wanted to make sure that before I left here, that laid the groundwork and that it was very clear, the direction in which we need to go. So with that being said, I would like to at least have the elected officials speak for a minute to put their thoughts on the record. I'm sorry, Commissioner Monestime. Chair Sarnoff Commissioner Jean Monestime, you're recognized for the record. Commissioner Spence -Jones: And Mayor Tondreau. Jean Monestime: Thank you. Good afternoon, Mr. Chair. Applause. Mr. Monestime: Commissioner Suarez, good to see you. Commissioner Suarez: Wow, what a reception. Mr. Monestime: Thankyou. Applause. Mr. Monestime: Commissioner -- Thankyou so very much. Applause. Commissioner Suarez: Mr. Chair -- Mr. Monestime: As -- I'd like -- if you would allow, Madam Chair, I'd like to ask -- Commissioner Spence -Jones: Sure. Mr. Monestime: -- Father Reggie to just -- Commissioner Spence -Jones: Join you. Mr. Monestime: -- join me at the podium -- Commissioner Spence -Jones: Okay, sure. City ofMiami Page 72 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Monestime: -- even though I know you, you just want the Mayor andl to speak. Commissioner Spence -Jones: No, no. I was going to have him say something as well -- Mr. Monestime: Yes, very good. Commissioner Spence -Jones: -- but I just -- Mr. Monestime: Thankyou. Commissioner Spence -Jones: -- wanted you -- at least the officials to do first, and then I was going to let Father Reginald -- Mr. Monestime: Thankyou. Commissioner Spence -Jones: -- talk. Sure. Mr. Monestime: Madam Commissioner, it's not a coincidence that I was here for your first meeting after you were just sworn in to take an office. Commissioner Spence -Jones: Wait, let me just tell him. You have to sit. Mr. Monestime: Thankyou. Commissioner Spence -Jones: All right. Mr. Monestime: And I'm here as well for your last meeting. Commissioner Spence -Jones: Yes. Mr. Monestime: Andl want to -- on behalf of all these individuals that just stood up here and on behalf of our community, I want to thank you for your service and -- Commissioner Spence -Jones: Thank you very much. Mr. Monestime: -- representing our community. Andl thank you for, you know, re-engaging the conversation, for framing this conversation in a different way. The public discourse that we've witnessed over the last couple of weeks or months have not been very healthy in our community, a community that is known to be recognized because of our diversity, because of our cultural values, and because of our different cultural heritage. The families that are represented here, the members of our community, our taxpayers that are here are just -- a majority -- American citizens who value this country because of its diversity, because of opportunity to come here and value due process and do what is right. We all understand that the conversation about the future ofLittle Haiti, about the renaming ofLittle Haiti has not helped our community at all; the community at large, that is. It has to be about what contribution each of us has made to this community that we call the City ofMiami or Miami -Dade County, for that matter. It's not about where boundaries lie, because just like many other communities, we know that boundaries can be self -defined, but are not set in stone by any leadership or by any government. So we are here seeking your advice and your guidance, seeking the Board advice in terms of finding -- establishing a process by which your planners may sit down with members of our community, business people in Little Haiti, residents in Little Haiti, in terms of determining how to value the contribution that members of our community have made to the City ofMiami, whether in establishing a cultural neighborhood district, or historic neighborhood district, or conservation district, whatever it may be, but we want to be able to be part of a more healthy conversation to City ofMiami Page 73 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 truly allow our community to continue making an investment down here. Again, Father Reggie is here, Mayor Tondreau is here. I'm glad that you'll be able to give them an opportunity to share some words. But we hoping that, if not today, in the near future, a resolution may be passed here; that your planner, maybe with a consultant, with members of our community, can sit down together to truly find ways of recognizing the contributions that Haitian Americans have made to the City of North -- to the City ofMiami. And it's not -- this conversation cannot be about boundaries. It cannot be about not having a name that is called Little Haiti, because some people determine that it's not pretty enough, some people determine that it doesn't add value to them enough. We understand all that. But it have value to us Americans of Haitian descent. We've come here -- Applause. Mr. Monestime: -- we've learned, you know, the process. We understand what it means to be an American. We understand what it means to live in a diverse community. We understand -- I just came from Seattle today, and the conversation about Miami -Dade County, you know what it was about? Miami -Dade County is the future of the United States of America because people value diversity, people value each other's heritage, people value the cultural contribution that each of us have come here to make. And thank you for listening to us, and thank you for the opportunity to speak. Thankyou. Commissioner Spence -Jones: Thankyou, Commissioner. Applause. Commissioner Spence -Jones: Madam Mayor. Chair Sarnoff Mayor Lucie Tondreau. Lucie Tondreau: Good afternoon. Chair Sarnoff You're recognized for the record. Ms. Tondreau: Thank you. Good afternoon. Commissioner, I would like to thank you for following the dream of our beloved late Commissioner Arthur Teele. And this conversation I've studied back in 2004 as we were celebrating our 200th year of independence as the first black country to be become independent. We talking about Haiti. Forty years ago a vast migration of Haitians have landed here in Miami because of the dictatorship of Haiti, and it happens that they have landed in the area we call today Little Haiti; just like when Cubans were leaving Cuba, flying against the dictatorship, they end up in today what we call Little Havana. They have plant seeds. They have grown, just as we have done. The Haitian community then, a refugee community, has become Haitian Americans. And today the City ofMiami -- as a matter of fact, if you go on the Internet, one of the value of this City is the diverse community. They call it "the melting pot" because we have people from all over the world coming to Miami to live or to make a living. And this project and this dream of Commissioner Teele that you are following and you will instruct whoever will follow you to continue is sacred to us. In the Diaspora, Little Haiti is known as the capital of the Diaspora, because every single step we have taken in the United States, not only in Florida, have started right there in Little Haiti. And our beloved Father Gerard Jean-Juste, who have led us to have a vibrant community, was part -- is part of this history. So I would like this conversation to continue in order for us to find a ground. I don't thinkl would -- should come here and claim this is ours, but it is part of our history outside of Haiti, andl would like to see it continued, andl would like to see it cherished so that our children, our grandchildren will know that when we moved from Haiti and came here in the United States, this is where it all started. Thank you. City ofMiami Page 74 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: Thank you, Mayor Tondreau. Applause. Chair Sarnoff Father Reginald Jean. Commissioner Spence -Jones: Father Reginald. Reginald Jean -Mary: My name is Father Reginald Jean -Mary, and I'm the pastor of Notre Dame d'Haiti. Andl think it's something providential, that almost a week before you return to your office, you were here in this place standing for Notre Dame d'Haiti at the time where we needed your support so that we can get to build the church of Notre Dame d'Haiti that presently the living home of the Haitian community in Little Haiti. You voted in our favor; you supported us; and today you continue to support us and support the Haitian community, and I personally thank you on behalf of all the people of Notre Dame, because the church is not just a talk, a dream; it's standing firm in Little Haiti -- Applause. Mr. Jean Mary: -- where we show the value, the big Haiti of this place. And thank you, thank you for that. And -- Chair Sarnoff Folks -- Mr. Jean Mary: -- I am here today -- Chair Sarnoff Wait, wait, wait. Stop, stop, stop, stop. We're not going to do that anymore, okay? No more. All right, continue. Commissioner Spence -Jones: Just wave, guys, just wave. Mr. Jean Mary: I am here today because, for the past 15 years in Little Haiti -- I came as a priest, and could tell you that I feel that this community has been singing a very sad song, a very sad song. Andl believe today -- listening to the Commissioner, to the Mayor, I feel we have a moral obligation, as elected officials, as community leaders, as spiritual leaders, that we help this community to sing a new song, a joyful song; not a song of indifference, but a song where every child of God feels welcomed and live with the dignity of God's children. Because I feel that what is happening now will lead us to more division than unity. I think it's wrong and it is unethical that we're trying to divide such a beautiful community, where we make the presence of the other look as if it is a threat than a blessing, a burden than a gift. Chair Sarnoff Father, I'm going to ask you to conclude. Mr. Jean Mary: And therefore, I believe that history is not something studied; it is something dynamic. We continue to value the fact that the settlers, who made Lemon City what it is today, and also these people contributed a lot. We cannot eradicate that page of history. It cannot happen. But at the same time, history is not something static; it's something dynamic. It is being shared by the people who made it. And nobody can deny that for 40 -- the past 40 years, the Haitian community has been shaping the history of what is now Little Haiti. We not only were present with presence, but we have contributed to the socioeconomical values, the cultural values of this community that makes that mosaic of culture, that makes the City ofMiami what it is today. And not only that, recently at Notre Dame d'Haiti, we just built a church for $5.5 million, contributed by the Haitian community, who, out of the Social Security, who work so hard -- the elderly who sacrifice all that they have. Therefore, nobody can come and tell us that because of the name of Little Haiti, there is no economical value to this area, because this Haitian City ofMiami Page 75 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 community deserves its place in the mosaic of culture and in the beauty of the City ofMiami, and that's what we are here to reiterate that, that there must be a healthy conversation -- and I'm appealing to all the African American community to tell them that we come from the same place, that we are one. We cannot be divided. We must be united because it is from that collective front that we will remain a force, a testimony and a blessing for the City ofMiami. Chair Sarnoff In conclusion. Thank you. Applause. Chair Sarnoff All right. Commissioner Spence -Jones: Wait one second. Commissioner Suarez: Mr. Chair. Commissioner Spence -Jones: Chair, one second. Commissioner Suarez: It's your discussion item, so I won't -- Commissioner Spence -Jones: It's my discussion item, right? Commissioner Suarez: That's what I'm saying, so -- Chair Sarnoff No, I understand, but I've been given a memo by the City Attorney that indicates that if people want to speak, that have to allow them to speak. Commissioner Spence -Jones: Right. I'm not -- that's not what I'm getting ready to do. Chair Sarnoff Okay. Commissioner Spence -Jones: Okay. But it is my discussion item. Commissioner Suarez: It is. Commissioner Spence -Jones: Okay. So I don't know if you have a comment. Commissioner Suarez: No. I just -- I wanted to -- I -- if it's okay with you, 'cause it is your dis-- I don't want to intrude too much, but I do want to say -- first of all, I want to thank the father for your passionate words. It's -- I personally love the passion. I love the energy. I love the -- I personally love the clapping. I think that's part of what makes your culture so special, andl think it's something you share with the Cuban culture as well, that passion, that energy, that joy for life. Secondly, I want to know where there's a good place to learn Haitian Creole, how to speak it, because I actually -- I went online. I tried to buy Rosetta Stone, but they don't make it for Haitian -Creole, so I've been to the cathedral a lot of times andl try -- I want to speak, I want to communicate, but I don't know how to speak the language, so I want to -- if you could communicate with me afterwards, I would like to know where I can go to actually take classes to learn how to speak Haitian -Creole. You know, I think -- andl said this the first time -- you know, I think there's a -- self -identification is a very important component. This is a beautiful city. This is a great city. And we have -- this is a melting pot of a lot of different cultures. And as Commissioner Monestime said earlier, sometimes it's difficult, because everyone feels ownership, everyone feels pride, everyone wants to identify, and so -- you know, sometimes there can be tensions in terms of where -- and Commissioner said it right, you know, where you draw boundaries. We had a very, very tense discussion over drawing our district boundaries, andl didn't think that would be that complicated because they're kind of invisible and a lot of people City ofMiami Page 76 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 don't know where Commission districts are, but that got very heated, and it could have had a cost to the City ofMiami to the tune of millions of dollars. So these are very passionate issues, and people dedicate, you know, a lot of time, a lot of energy, and don't think -- from my personal perspective, I don't think there's a right and a wrong in these kinds of issues. I think everyone has their perspective, and think the people that feel passionately, like you do, about their perspective, feel very passionately for good reasons. So I agree with what Commissioner Monestime said, that we have to try to work through these things. I think your principle of preserving the Haitian culture and community, first of all, is alive and well right now in the City ofMiami to the extent that we define it. You know, that can be done with careful consideration of all the different values and all the different communities that are in the surrounding area. Obviously, in Little Havana, you know, you have kind of this sense for where it is, but there's no real, you know, boundary line or drawing, andl don't know that somebody might think, Well, why can't we be Little Nicaragua?" or "Why can't we will Little" -- you know -- Puerto Rico close by? So, you know, those are things that, you know, enter into the discussion and the debate. I just wanted to put those thoughts on the record, and I'm sorry for -- Commissioner Spence -Jones: No problem. Commissioner Suarez: -- hope I didn't hijack your discussion item. Thank you. Commissioner Spence -Jones: No, no, no. No problem. Chair Sarnoff All right, so -- Commissioner Spence -Jones: And -- Chair Sarnoff -- here's what I'm going to do. Commissioner Suarez: Thank you. Chair Sarnoff I'm going to pick four people. The other people spoke for 15 -- Commissioner Spence -Jones: Mr. Chairman, I know how I want to -- it's in my district, so it's something that -- I've already been briefed by the City Attorney as to how I can handle the briefing -- I mean, the questions or allowing for the public to speak. Can you allow for me to run that portion of the meeting? And she can put it on the record -- Victoria Mendez (City Attorney): I just want -- Commissioner Spence -Jones: 'cause she -- not -- the communication was a different communication with me than it was with you. I just want to be clear. Ms. Mendez: HI can clam for the record. If this item is just going to be a discussion item and there is going to be nothing or resolution or proposition that comes of it, this Board can limit discussion of who speaks as it wills. Ha resolution is going to come out of this item, out of this discussion item, then at that point, then we do need to let all those that wish to speak, speak. At this time, since I do not know what's going to come about, I'm not a mind reader yet, but my understanding right now is that there will be no resolution that's going to come out of this. This is just a discussion item. Commissioner Spence -Jones: Right. And let me -- Chair Sarnoff Well, for purposes -- let me -- I chair the meeting. For purposes of where you want to go with this, I will judge whether I think there needs to be another side of the story at the same time you put that side of the story out there. I'm going to let you have -- it's your discussion City ofMiami Page 77 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: That's fine, that's fine, and I don't have a issue with that. What I just wanted to do is -- I want to make sure I handle my homeowners first because these are the folks that are going to be directly affected by -- that are involved -- that have been involved in this process. I think that the respect has to go to those individuals first; allow for the community residents, and leaders, and the elected officials to speak first because, quite frankly, they were the ones that really wanted to push to make sure that this happen. And just as we would go to the County or to the City of North Miami, I'm sure we would get the respect as well. So I wanted to use this as an opportunity to talk -- have the neighborhood association groups that have been meeting with the Planning Department over the last couple of weeks to at least put their official thoughts on the record, 'cause I think that's important to do. So what I want -- what I'd like to do is get them out of the way and the business associations that's in that area, and then from there we see where we go. But right now, I want to deal with the residents and the people that were directly affected by it, and then I'm asking that we have a representative from each one of those organizations speak. So I can call them out, if they're here, and I'm fine with that. Andl can start with Buena Vista Heights, if they're here, so there should be four: Buena Vista Heights, Historic Buena Vista, Belle Aire, if they can just all come up, 'cause I think it's important. I'm going to get them all lined up. So these are all of the neighborhood associations. I want to respect my neighborhoods first 'cause I think it's important that are actually attached to it. Buena Vista Heights, Buena Vista West -- Unidentified Speaker: Brentwood. Commissioner Spence -Jones: -- Brentwood, and the other one, Belle Aire. Am I missing another one? Okay, let me get my -- the business association. Little River. Is Little River here? Little River Business Association? Do we have our president here? Unidentified Speaker: He's here. Commissioner Spence -Jones: All right. Mal, if you can come on this side? I'm just trying to get all my businesses. No, Mallory. These are all the folks that we've met over the last couple of weeks, andl know that there was a comment that was made that the Lemon City Taxpayers Business Association did not have a meeting in reference to any of this. That was a newly formed corporation that literally got formed after we started doing all these meetings, so that was the reason why we did not have a meeting regarding that, but if there is someone that's going to represent that association, I would like for them to also step up. So I will give each person two minutes to put their thoughts on the record in reference -- Carlos -- to your area and your neighborhood. I believe you guys were able to sit down with Planning and kind of work out where you want to -- what -- the areas. Now we're going to say boundaries. We're not going to use that word. But the area that would represent Brentwood, correct? Carlos Carrillo: That is correct. My name -- for the record, my name is Carlos Carrillo. I live at 200 Northeast 44th Street. I am the president of the Brentwood Neighborhood Association, and what -- we're defined by boundaries because that's what makes us an association. We are actually from Curley High School south to the Seventh Day Adventist Church, which is on 43rd Street. Our western boundary is Northeast 2nd Avenue and our eastern boundary are the railroad tracks. You are correct, Commissioner; your staff member, Rosenny, was excellent. Rosenny came out and met with the different neighborhood organizations. Mr. Gay also was -- did an excellent job representing what it is that you all were coming out to do, and we had a chance to put our voice to what was going on. Now, I think that you'll hear from all the B5 neighborhoods -- just so happens we all start with B'L- that we are in full support of creating a Little Haiti district, absolutely. However, we do believe that that should start at 54 th Street as the southern boundary, continuing north. The commercial businesses currently on Northeast 2nd Avenue south of 54th Street do not identify with the Haitian culture. However, once you go past City ofMiami Page 78 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 54th Street, it is certainly evident what the Haitian community has created there. I believe it's the Africa Market. I've been to the Little Haiti Cultural Center. You have the record stores. You have the bakeries. It's a thriving community. And we are absolutely in support of continuing with that Haitian identity with the name. However, we don't feel that that name should be imposed on neighborhoods which have had their name and their identification for over 50 years now. Thank you very much for your time. Commissioner Spence -Jones: Thank you so much. Mr. Carrillo: Thank you. Commissioner Spence -Jones: Buena Vista Historic District. Schillar Jerome: I'd like to speak Creole. Can we have a translator for me, please? Commissioner Suarez: Yes. Yeah, we have one. Mr. Jerome (as translated into English by Ralph Desmangles, official Creole interpreter): Good evening, everyone. My name is Schillar Jerome. I live at 24 Northeast 54th Street. I decided to move to Little Haiti only when I was 23 years old, okay. I don't like games. Because this issue is coming to surface only two weeks before we get into a new Commissioner. Commissioner Spence -Jones: That's not true. Mr. Jerome (as translated into English by Ralph Desmangles, official Creole interpreter): This is something that should have been done long ago, okay. The Haitian community has been around for over 40 years, and this should have been done already, but this should have been done in a transparent manner, okay. I'm a born Haitian. I was born in Haiti. And I'm telling our community to continue to fight and don't let people tell you what to do and how to go about it. Thank you very much. Chair Sarnoff All right. Kelly Crawford: Hello. Commissioner Spence -Jones: Hi Kelly. Mr. Crawford: My name is Kelly Crawford. I'm the president of Belle Aire Homeowners Assoc -- Neighborhood Association. My address is 130 Northeast 49th Street. I wish I had a translator to speak in Creole, but let me be the first one to ditto what Carlos said about the unity of our community. Our community has never, ever been divided. Commissioner Suarez: You can have your English statements translated to Creole. That's -- he translates both ways. Mr. Crawford: Oh, really? Commissioner Suarez: Sure. Commissioner Spence -Jones: Yes. Mr. Crawford: Dude, please, do me the favor. Commissioner Suarez: Of course. It doesn't only go one way. City ofMiami Page 79 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Crawford: I like this. Commissioner Suarez: Don't worry about it. Translate into Creole what he's saying in English. Commissioner Spence -Jones: Our Creole interpreter is getting a lot of work today. Mr. Crawford (as translated into Creole by Ralph Desmangles, official Creole interpreter): I see that. This is a good thing. This is a good thing. We should have a Creole Commissioner here. Let me be the first one to say that, again, I want to ditto what the first speaker said. I moved into the Haiti cultural neighborhood 10 years ago. My culture is Black American, Israeli, and Syrian. My daughter is married to a Haitian American. I have an eight -year -old grandson because of it. I have never experienced in my 10 years a division amongst our neighborhoods as I'm experiencing now, and it's pretty sad. The division is coming from our Commissioner's office, not from the people who live, like me and you, in that community. This is why I'm here today. Not to take away your culture, not to take away your pride, not to take away anything that you have already developed, but to also develop my own home rights and my community along with your community. We are jelly; there is no separating us. No Boundaries, no names can separate us as neighbors. Each one of the Haitian leaders, pastors, preachers are more than welcomed to come to my home, knock on my door and ask me for anything, andl hope that's a conversation about how to bridge this gap. Thankyou. Applause. Frantz Eler: Frantz Eler, president of Buena Vista Height. People speaking of gap and differences. I don't remember a Little Haiti that had differences, that had gaps. Forty-five years I've been in Little Haiti with the Miami Edison, walked that street over and over and still there. I remember how vibrant that community was. I came back home from Connecticut, andl asked myself, "Where is Little Haiti?" because it is not the same; it's dead. So today I congratulate the leaders that decide to make this a vibrant community once again. So I give you a hand -- Applause. Mr. Eler: -- to bring Little Haiti back the way it once was, even better. Commissioner Spence -Jones: Thankyou, Frantz. Applause. Jean La Fortune: Good evening, Madam Commissioner Spence -Jones -- Commissioner Spence -Jones: Good evening. Mr. La Fortune: -- and the Chair. We -- first of all, I want to acknowledge your leadership -- Commissioner Spence -Jones: Thankyou. Mr. La Fortune: -- for pushing that issue forward, for moving forward with that issue. As you mentioned at the beginning of the sessions, you raise a name of a giant in our community, or he was a giant, that is Chairman Arthur Teele, who envision a Little Haiti that is very vibrant, that is where everybody can live in the spirit of brotherhood. And also, I want to echo the words of Father Jean Marie Reginald in term of keeping Little Haiti intact. We do not want division in that process. I believe that -- in fact, the Planning Department has shared with us a map that is federal version of the Little Haiti. I believe that the difference is not far -- that far apart. If we adopt the concept of a Little Haiti district where also those neighborhoods, those small neighborhoods can find themselves, I do believe that problem will be solved. These we are City ofMiami Page 80 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 talking about in the Little Haiti that begin on 36th Street and further north. This is the federal version ofLittle Haiti. I believe that there is historic things on that version. At the same time, giving knowledge -- give -- acknowledge basically the concept of presentation of the smaller neighborhood. So therefore, from 36 all the way to the north on 86 or 85 Street, we would like to have Little Haiti impact to -- throughout Little Haiti as it is in the federal register. What we are feeling now in the leadership, we feel that Little Haiti is slipping away from our hands, just like at callaloo (UNINTELLIGIBLE) it is going -- it is (UNINTELLIGIBT,F). I think it is that process that make it -- that make -- that create tensions, because we feel our community is slipping away from our hands. Commissioner Spence -Jones: In conclusion. Mr. La Fortune: In conclusion, Madam Commissioner, I would recommend that the Planning Department and you, with your support, of course, and also the whole Commission with you, to adopt the federal version of Little Haiti, which starts on 36 Street -- Commissioner Spence -Jones: Thankyou. Mr. La Fortune: -- 36 Street all the way to 85 Street. Commissioner Spence -Jones: Thankyou. Mr. La Fortune: Thank you, Madam Commissioner. Commissioner Spence -Jones: We only taking the neighbor -- I just want to be clear. We're taking the neighborhood associations and business associations first, so Mallory is next, andl think that would be -- and then, Ben, you want to come around? Mallory Kauderer: Hello. Mallory Kauderer, chairperson of the Little River Business District Board. I'm in support of the neighborhood initiative. I think it's a good thing. Little Haiti certainly adds a cultural difference that is a positive input in that area. I think it adds spice. I've met with some of the leaders of that district and others, andl find this initiative to establish neighborhoods, though it had been contentious, andl think that contention comes from a very small number of people, though they're very vocal. I don't think it's a large number. I find the establishment of these neighborhoods to be a way to make people proud of their area or prouder of their area. It can lead to continued improvements in those areas as people become more house proud of what they have and where they are. And I'm certainly in support of continued dialogue, andl hope to see this work its way through the City to final fruition. And thank you very much -- Commissioner Spence -Jones: You're welcome. Mr. Kauderer: -- for the initiative. Commissioner Spence -Jones: Thank you. Dr. Fils-Aime, let me get Ben Pumo. I'm just -- I'm trying to get my business associations and my homeowners associations done first. Bennett Pumo: Good afternoon, Board. I'm Bennett Pumo, with Pumo Properties. We have a bunch of warehouses down in the area ofLittle Haiti. Little Haiti will never lose its identity, you know. By boarding it in is one thing and making the recognition is fine; the mechanism that you're trying to use as a conservation district or historical district. I have affordable rents. I have over 250 tenants in the area, a lot of them of Haitian mom-and-pop shops, some entrepreneurial, some very professional shops. The problem is by going the mechanism of an overlay, you create another layer of approvals, rules, and regulations where you have to go before the board for a certificate of appropriateness, even if you want a permit. If you wanted to City ofMiami Page 81 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 do a permit to do something on your property, you're going to have to go to another layer of board, another layer of rules and regulations, another layer of everything. It's going to cost you more money. It's going to cost me more money, and it's going to be impossible to have affordable rents. Now, if you go back to 2004, Arthur Teele already has an amendment. It's already here. It's already been in Code 11000. It was already there. They already majored -- they already have a Little Haiti district under SD-29. It was already mapped and platted on all the City maps. In Miami 21, they also have it. It's in Miami 21 now. It's the Little Haiti district called the Creole District. It's there already, so they don't need to have another -- what would you call it? -- support mechanism? If you go into the Google and you look at Wikipedia (UNINTELLIGIBLE), they've got seven pages dedicated to Little Haiti worldwide. You go into world -- you go to Trip Advisor, they got 12 pages of Little Haiti. Little Haiti is not going to lose its identity. What's everybody so worried about Little Haiti losing its identity? You've got it. You've earned it. Everybody here has it. And the businesses have it. We don't need to have a boundary saying this is it. There's nothing to find We're all here. Look, some of the -- some of you eat bean sprouts. Leasa Bean Sprouts, they started in my building. I had (UNINTELLIGIBLE) Produce. Back in the '7 0s, it was all Asian occupants. They didn't come and say we want Asia. Commissioner Spence -Jones: Ben -- Mr. Pumo: Come on. Commissioner Spence -Jones: -- can you please --? Mr. Pumo: Look, I know, I know. Commissioner Spence -Jones: In conclusion. Mr. Pumo: In conclusion, you've done a great job for eight years. I appreciate it. Commissioner Spence -Jones: Thankyou. Mr. Pumo: We all do, all the Board here. And -- but the mechanism that's being proposed is a wrong mechanism, because it'll create another layer of rules and regulations, another executive board, another director -- Commissioner Spence -Jones: Thankyou, Ben. Mr. Pumo: -- and whatever. Thank you. Commissioner Spence -Jones: Thankyou. Mr. Pumo: Yes. Renita Holmes: Can we have that translated please? 'Cause not all of us understood that. Commissioner Spence -Jones: Translate it for him? Ms. Holmes: What he said -- no, translate it for the people, the public, because we didn't understand that. Commissioner Spence -Jones: Okay, we can't translate that right now. We're not going to go back through all of that. Okay, so we have -- we've dealt with all the associations right now, so now we're going to deal with -- I know that Madam Holmes had -- you have two -- Ms. Holmes: I have my association and for Mother Ayers, but Ms. Pinkney, I'll -- City ofMiami Page 82 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: Yeah. Ms. Holmes: -- yield to her -- Commissioner Spence -Jones: Okay. Ms. H olmes: -- for a second. Commissioner Spence -Jones: I just wanted to make sure. Ms. Holmes: Yes, ma'am. Commissioner Spence -Jones: Dr. Pinkney, you're recognized, Lemon City Cemetery Community Association, and then you had Dr. Princeton Marshall. Is he here? Ms. Holmes: He's (UNINTET,TIGIBT,F). Commissioner Spence -Jones: Okay, no problem. Enid Pinkney (as translated into Creole by Ralph Desmangles, official Creole interpreter): Okay, I agree with what Mr. Pumo said. Commissioner Spence -Jones: You got to put your name on the record. Ms. Pinkney (as translated into Creole by Ralph Desmangles, official Creole interpreter): Enid Curtis Pinkney. I represent the Lemon City Cemetery Community Corporation. I have in my hands a book entitled Lemon City Pioneering on Biscayne Bay, 1850 to 1925. The author is Thelma Peters, who's now deceased, butt have her autograph. She autographed this book for me, because she came out to our schools to talk to our students about local history. She wrote three books. I have heard people say how proud they are of their heritage and of the Little Haiti heritage, and I'm sure that we all are. And I'm proud of the Miami heritage. I'm proud of the Lemon City heritage. My grandfather is buried in the Lemon City Cemetery. My grandparents lived in Lemon City. And so when developers were going to build apartments, affordable housing on top of a cemetery here in Miami and Lemon City, I took up the cause, and it was fighting City Hall and the developers, and we were successful. But you see, what happens is when names are changed, people forget. Just as the City ofMiami did not know that there was a cemetery when they gave the developers permission to build on top of a cemetery, they forgot the history, and they didn't have records. And so I am for the historical communities here in Miami to retain their names. Now, these names have been around -- Lemon City, for instance, is older than the City ofMiami. If you look up there, you see City ofMiami is 1896. Commissioner Spence -Jones: Ms. Pinkney, in conclusion. Ms. Pinkney (as translated into Creole by Ralph Desmangles, official Creole interpreter): But these communities have been here a long time. They didn't start up in 1970 or 1960 or whatever. They were -- and we respect -- I'm here to defend -- my father cleaned up this place when it was a wilderness. The City ofMiami was nothing but Palmetto bush. My father, with a machete and the strength of his back, cleared up land for developers, and we take pride in that. Commissioner Spence -Jones: Thank you. In con -- Ms. Pinkney (as translated into Creole by Ralph Desmangles, official Creole interpreter): So we don't want names -- disrespecting the names that are already exist, give it a -- new names to accommodate people who have come to the community. We want them to keep the names that City ofMiami Page 83 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 they have and respect the heritage, and the history, and the culture -- Commissioner Spence -Jones: Thankyou. Ms. Pinkney (as translated into Creole by Ralph Desmangles, official Creole interpreter): -- of the community. Commissioner Spence -Jones: Thankyou, doc. Thankyou. Ms. Holmes: I guess there's not much more to say. Unidentified Speaker: Excuse me, I was here first. I was here first. Ms. Holmes: By all -- you're my elder, andl respect my elders and my heritage. Go ahead. Daniel Fils-Aime (as translated into Creole by Ralph Desmangles, official Creole interpreter): My name is Daniel fills Aime. I'm the chairman of the Haitian American Historical Society and also board member of NE2P (UNINTELLIGIBLE) that spearheaded this discussion. Two weeks ago, we were in Savannah, Georgia, to celebrate the 6th anniversary of our monument that we Haitian put over there. There were two men, two Haitians that came from Woodstock, New York. They drove all the way from there to come to celebrate with us. When they get to Savannah, they were asking people, "Where is the Franklin Square? Where is the Haitian memorial monument?" And people couldn't tell them. But when they mention where the Haitian monument, all the people say, "Oh, yeah, the Haitian monument is right there at (UNINTELLIGIBLE)." They find it when they mention Haitian monument. So that's to prove to you we Haitian, we have a heart with plenty of work. And in Miami, the Little Haiti name should remain the same, not because of Little Haiti -- Miami -- for Miami but we Haitian, we shed our blood for this country. We should be in Haiti. Wherever we were, we can call Little Haiti. We should -- , we -- wasn't for us, there'd be no United States now. Wasn't for us, there be no Obama in Washing -- in Chicago, because we fought. We (UNINTELLIGIBLE) Chicago. Wasn't for us, there would be no Jewish Israel now, because we Haitian, we fought for all these things. And we were free people of color; never asked for a penny. I think you should consider that when (UNINTELLIGIBLE) keep Haiti -- Little Haiti as it is without that -- no cemetery. We don't need nothing, but we need Little Haiti, keep it (UNINTET,TIGIBT,F). Chair Sarnoff In conclusion. Mr. Fils-Aime (as translated into Creole by Ralph Desmangles, official Creole interpreter): In conclusion, that Little Haiti should remain in Little Haiti. Chair Sarnoff Thank you. Commissioner Spence -Jones: Thankyou. Chair Sarnoff All right. Commissioner Spence -Jones: Let me just say. So Mr. Chairman, I got all the neighborhood associations and neighborhood groups -- Chair Sarnoff I'm going to call people as I see fit; that we've been at this for 30 -- for 40 -- excuse me -- for 40 Commissioner Spence -Jones: Forty-five minutes. Chair Sarnoff -- 40 minutes of speech. I'm going to ask the people I call to be efficient in their City ofMiami Page 84 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 statements. If I don't find you efficient, I will cut you off. Up now is Peter Ehrlich. Ms. Holmes: Mr. Chair. Chair Sarnoff No. I will handle this meeting. Ms. Holmes: I'm sorry (UNINTELLIGIBLE). Chair Sarnoff I will handle this meeting. Ms. Holmes: You don't want to disrespect me andl won't disrespect you. We said the association representing Georgia Ayers. Chair Sarnoff I am going to handle the meeting. Ms. Holmes: All right, then I am number 5. Chair Sarnoff I'm going to ask you to walk away from the dais right now. Ms. Holmes: (UNINTELLIGIBLE) call my name (UNINTET,TIGIBT,F). Chair Sarnoff I will call everyone's name that's on this list. Ms. Holmes: All right. Chair Sarnoff Walk away. Ms. Holmes: I just want you to know I love you, Mr. Chair (UNINTELLIGIBLE) disrespect (UNINTELLIGIBLE). Chair Sarnoff I'm going to ask the sergeant of arms to remove you. Ms. Holmes: (UNINTELLIGIBLE). Chair Sarnoff I'm going to ask a sergeant -- Ms. Holmes: (UNINTELLIGIBLE). Chair Sarnoff No, no. Commissioner Spence -Jones: No. Chair Sarnoff Peter Ehrlich. Commissioner Spence -Jones: Turn his mike on. Chair Sarnoff Sorry, Peter. Peter Ehrlich: Good evening, Mr. Chairman, Commissioners. My name is Peter Ehrlich, andl live at 770 Northeast 69th Street in historic Bayside, andl have an office on 309 Northeast 59th Street in Lemon City. As many of you know, I'm in favor of historic neighborhoods and historic names. I grew up in a town in New York State that was founded in 1680 when 22 Puritans purchased a tract of land from an Indian chief. I merely ask that you respect our historic names and our -- and let residents use the names that make them feel comfortable. I repeat what Dr. Pinkney said about Lemon City and the book "Pioneering on Biscayne Bay 1850 to 1925." It's City ofMiami Page 85 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 300 pages of history. It's very interesting. It's got a lot of photographs also. I think -- Commissioners, thank you very much for your time, and we ask that people use the names and make them feel comfortable and please respect our historic names. Chair Sarnoff Thank you. Commissioner Spence -Jones: Thankyou. Chair Sarnoff Ken Jett. On deck is Cecilia Stewart. Ken Jett: My name is Ken Jett. I live at 8320 East Dixie Highway. I am a resident of District 5. I don't disagree with anything that I've heard from the community tonight, but I think what we might be missing is that the term "Little Haiti" exists as a colloquialism, just like Little Havana does, not officially designated with amorphous boundaries. It's not like Flagami or Lemon City that have plats created with their nomenclature. Little Haiti has no such plat page, because it wasn't until the '70s -- because of polifical unrest -- that Miami saw a Haitian influx. The colloquially known area of Little Haiti is home to a rich melting pot of cultures. The mid 1800s saw pioneering Bahamians and white landowners, and today the area is home to African Americans, Jamaican, Dominicans, Bahamians, as well as those with fairer skin tones. There's a strong historic past that dates well before the 1970s and the area was not developed solely by the Haitian migration. Any moves to ascribe a specific racial culture to the area officially negates the historic contributions of all of the other cultures who live, work, and have developed the area. It will, in effect, hold one race superior, despite their more recent addition, while demeaning, obliterating and disenfranchising other people of color whose historic contributions to the area are well documented. Such official designation will not be inclusive of the cultural heritage within the area. Chair Sarnoff And in conclusion. Mr. Jett: My conclusions would be that we cringe oftentimes when we approach issues of race or culture, but remember that Webster defines race -- racism as poor treatment or violence against people because of their race. Chair Sarnoff Thank you. Mr. Jett: And number two, the belief that some races of people are better than others. Please -- Chair Sarnoff Thank you, Mr. Jett. Mr. Jett: -- do not officially designate the name. Chair Sarnoff Thank you, Mr. Jett. Cecilia Stewart. Cecilia Stewart: Good evening, Mr. Chair and everyone on the dais. I'm here to support my respect for the preservation of local history in order that it will not be lost. That is the reason why I'm affiliated with the historic Hampton House, as well as the African America Committee of Dade Heritage Trust and the Lemon City Cemetery Corporation, because I want to see history preserved. Thank you. Chair Sarnoff Thank you. Commissioner Spence -Jones: Thankyou. Chair Sarnoff Ms. Stewart. Renita Holmes. City ofMiami Page 86 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Ms. Holmes: Address is still the same. Would you like my address, through the Chair? Commissioner Spence -Jones: Yes. Ms. Holmes: Point of clarification -- Chair Sarnoff Here. Ms. Holmes: -- through the Chair and -- Commissioner Spence -Jones: I'm not the Chair. Ms. Holmes: I mean, through the Chair, to you or the Chair. Commissioner Spence -Jones: Okay. Ms. Holmes: Oh, he's talking right now. Commissioner Spence -Jones: Oh, okay. Ms. Holmes: My name is Madam Holmes, but I'm here because my grandmother, Georgia Ayers, who is a member of the Association that you heard speak and who is a historian. And by the way, I wanted to let you know that Ms. Pinkney is also, although she's not represented today, on the Parks Heritage and Historical Committee for Miami -Dade County, so I consider that to be indigenous. I just want to say, in order to have -- get respect, you got to give respect, you know. My parents and my grandparents were buried just like the Indians were on the Circle, and they have the Circle preserved. I'd like to preserve the cemetery, but they built over that. That's unfair. But if we're going to continue to be unfair to the history of a people, I'm concerned that Miami and Miami -Dade County does that because, already, the Haitian community -- which my husband is named Wilfred Honor, but my grandmother is Georgia Ayers -- is that, you know, you got "Guantanamera," "We shall overcome." Those are two songs I don't want to hear people calling no more. We're here. We're in a place where they have wet foot/dry foot and people are no different. But if a community wants to define itself, its culture under the state laws, then there is a process, and apparently, Mr. Pumo has described it. I'm concerned that whenever a developer or anybody wants to change a district to get special funding this is how they separate the black community often, because primarily, Haitian Americans are black, African Americans are black, Nicaraguans are black, and Dominican. This divide and conquer has been going on -- this pattern and trend -- I'm questioning the practice of government. But one thing I'd just like to say, we can all name our cities and our blocks without having to have bureaucracy and propaganda divide us, and so I really want to know whoever motivated this to happen; you need to see me, and I'm going to stay on you, because I don't like seeing my people divided, particularly when it's already unfair. You could name a district. You could do special funding and facades, but we didn't have Little Nicaragua or Little Dominicana [sic], like he said. Last -- Chair Sarnoff And in conclusion. Ms. Holmes: So in conclusion, let's look at the fairness, let's try to find a median resolve and let's do this without having our seniors and our elders sit here or go through this thing about Haitian versus blacks, because we all is noted as dirt. Chair Sarnoff Thank you. Linda Simmons, Linda Simmons. Richard -- Richard Strachan: Thank you -- Chair Sarnoff Go ahead. City ofMiami Page 87 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Strachan: -- very much. I am Richard Strachan, vice president of the American -- African-American Heritage and Trust. I'm here to commend these people for their support on something they want to happen. However, the time is not now. The time has to be later, because we knew nothing about what was going on, would you believe, until this past Monday. Lot of people -- we could have had three buses here today, but we did not know and the people did not know. All we want everything to be status quo. Liberty -- Lemon City Cemetery is what we're concerned about. We like to keep that, because once we found out that there was a Lemon City, which was uncovered, as Mr. -- Dr. Pinkney said, in terms of building around there, we found 525 bodies. And in conclusion, those 525 bodies had to be taken care of by the organization, and we did that. Thank you very much. Chair Sarnoff Thank you, Mr. Strachan. Linda Sim -- Linda, right? Linda Simmons: Yes, Linda Simmons. Yes, my name is Linda Simmons. I'm the president of the African -American Foundation of Greater Miami, Incorporated. I came today to express my opinion about the proposal to extend the boundaries of Little Haiti. I'm very concerned. I'm concerned about keeping the history of Lemon City, Edison, Little River, Little River Gardens, Buena Vista, Belle Aire, Brentwood, and the Miami Design District. These are areas -- and, as has been said before, Lemon City were made -- were here since 19 -- 1850s. There's a lot of history. It was talked about, the burial ground. Andl support Little Haiti. I think it's very good that we are very diverse in the City ofMiami, but also, I think that the area that they have, it should -- and the -- you know, and calling it Little Haiti, that's fine, but to take over all the other cities and say, "Well, this is what we want and this is what we're going to do" -- I believe that we, as a people, need -- people that come here, we -- and we have -- you know, African Americans, we've been here, but people that come here, we welcome them, but we don't want our history pushed aside. So what I'm saying is I love Haitian people. I love all people, for that matter. But we -- I am against the proposal to extend the boundaries, and l feel that each area should remain the same. Thank you. Chair Sarnoff Thank you. Silvia Wong. Silvia Wong: Okay. Well, first of all, I want to thank Commissioner Spence -Jones for giving us so much support through the years in the Little River Business District, of which my husband and I have owned a business for decades, literally. But I want to mention that, legally, yes, the Little River Business District has been designated that name since the 1980s, and it's difficult to continue employing the many people in the area and attracting more businesses if, as Mr. Pumo very eloquently stated, we may have another layer, another overlay over us in order to have to comply with historical and cultural ideals and rules, and/or if we become a neighborhood conservation district. So, really, the name of the game has always been attracting and keeping the businesses, the tenants, and the jobs, and that's something that we really need to consider, because if the Little River Business District has been branded that way and we have had, you know, with the Commissioner's support, the sidewalks and the infrastructure, we need to make sure that, you know, people who want to have businesses and jobs here in the Little River Business District aren't burdened with this additional red tape and additional bureaucracy. And I want to make sure that people don't realize we have anything in particular against the name Little Haiti. We just think that it'll be burdensome to us in the business district and, you know, we already have that official designation as Little River Business District. So thank you very much again. And by the way, you know, I'm Cuban -Chinese. I don't want anybody to think that, you know, there's any ill will against the Haitians, you know. I am a minority member myself of this thriving diverse community -- Chair Sarnoff Thank you. Ms. Wong: -- of our magic city. City ofMiami Page 88 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Thank you. Ms. Wong: Thank you. Chair Sarnoff Jerome Schillar. Commissioner Spence -Jones: He spoke already. Chair Sarnoff Daniel Fils-Aime. Commissioner Spence -Jones: He spoke already. Chair Sarnoff Jean -Robert La Fortune. Commissioner Spence -Jones: He spoke. Chair Sarnoff Jonas -- or think it's either Rex or Reverend Jonas Georges. Jonas Georges: (UNINTELLIGIBLE). Chair Sarnoff There you go. Mr. Georges: Yes, sir. Thank you. My name is the Reverend Jonas Georges. I speak on behalf of the Haitian -American Forum, and like many of my brothers and sisters, I'd like to side with our Commissioner Spence -Jones for your leadership, andl wish you well wherever you go. I'd like to speak to the subject, but in particular, to speak to the necessity for self -identification and diversity, andl don't think they are mutually exclusive. As a Haitian American coming to this country 25 years ago, it was my pleasure to be led around down Northeast 2ndAvenue and to be shown all the places where my people have already settled before me. They showed me where I need to go ifI need to eat a meal, or go and cut my hair, or buy a particular items and all these things identified with them, and over the years, they have become bigger and bigger. Andl think it is our right to really call our people who have started throughout the area to really come back to that area and build it more for posterity. The self -identification is what we are looking for, andl hope that by designating officially the place as Little Haiti that we'll do that, and it will attract all those things that people have talked about, good businesses, because we do have a men and women of Haitian descent who are business people as well. However, I enjoy being among all the people in the area, whether it is African American on the west side, design district, and so on and so forth, wherever I live, at church, wherever it is, it is wonderful things to be among people of other descent. I learn a lot. I -- Languages and cultures enrich us, And there is no doubt in my mind that we have already enrich that community that we want to call Little Haiti, and it will be more enriching when we know we can say to our children and our grandchildren -- Chair Sarnoff Reverend -- Mr. Georges: -- this is the business that we have built -- Chair Sarnoff -- in conclusion. Mr. Georges: -- and this is the place that we would like you to continue to build. Chair Sarnoff Reverend, in conclusion. Mr. Georges: Thank you very much for -- City ofMiami Page 89 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Thank you. Mr. Georges: -- having me, and I hope that you will, at some point, vote to have -- Commissioner Spence -Jones: Thankyou. Mr. Georges: -- Little Haiti designated as such. Commissioner Spence -Jones: Thankyou. Chair Sarnoff M. Farah Larrieux. Commissioner Spence -Jones: Farah. M. Farah Larrieux: Good afternoon, Mr. Chair. Good afternoon, Mrs. -- Commissioner Spence -Jones. Thankyou for giving me the opportunity to speak on behalf of the Haitian -American Professionals Coalition. I'm the secretary. And today I'm speaking on behalf of 12 associations professionals, including the Haitian Lawyers Association, the Haitian -American Association, the Haitian Social Workers, the Haitian American Chamber of Commerce, and the Haitian Engineers and Scientists, just to name a few. I want to emphasis [sic] on the fact that Little -- the area -- the neighborhood of Little Haiti where the Miami Edison school is, I can say, the woods for many of our professionals in this community, and these professional are actually son and daughters of those who have built the community, those who came 40 years ago to live in this -- to live the American Dream. And these professionals, they are the one contributing right now to the expansion of City ofMiami and to the economic development of this country, the United State, and for this reason, I think that we Haitian for our contribution and for our engagement in United States that we deserve officially to have our neighborhood and because we are contributors of the development of United States. Again, thank you. Chair Sarnoff Thank you. All right, Ludnel St. Preux. Ludnel St. Preux: Good afternoon, Mr. Chair. Good afternoon, Commissioner Spence -Jones. Thank you for your eight years of service. You've been a support for us, and thank you and farewell. My name is Ludnel St. Preux, 5000 Biscayne Boulevard. I'm here to represent the Haitian Neighborhood Center, Sant La in the heart of Little Haiti. We are here to support this effort to name Little Haiti, andl need to say that this is not to exclude. This is not to ignore. This is not to undermine any other heritage. We feel that we've been here for 50 years. My -- our -- when I first came here, I was here in Little Haiti. We've been here for -- we have a heritage. We have a history, and we need -- that legacy should be preserved, and that's the reason, not to undermine other cultures. We feel that after 50 years of building this community, make it what it is, we are entitled to have our name, notwithstanding the history that is behind it. Thank you for your time. Commissioner Spence -Jones: Thank you -- Chair Sarnoff Thank you. Commissioner Spence -Jones: -- so much. Chair Sarnoff All right, I'm going to get this name right. Reverend Lincoln. See that, the gringo could do it. Shoshana Lincoln: Folks, Reverend Lincoln, from Overtown. I'm representing people in City ofMiami Page 90 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 general. First, I'll address Father Reginald, who have mentioned that they have -- they're working towards uniting the people in this Miami here, but building a church that claim to be catholic -- under the umbrella of Catholicism does not unite the Haitian people with the Pentecostals or the Seven Day Adventists. That's a big gap. Another gap that the Haitian do have is Haitian versus Haitian here and in Haiti. You know, in Kitchenville (phonetic), in Carr Four in Haiti, there is a gap there. So, actually, the leaders -- elected leaders who have spoken on unity, it's a big gap. And my last point here, culture and borders create divide. Little Haiti or Little Havana or Little "Who," they create this kind of divide and they build up animosity for one another, which is considered, for me, the word alludes to bigotry. Commissioner Spence -Jones: Thank you. Chair Sarnoff All right, Commissioner Spence -Jones will close this matter out. Go ahead. Commissioner Spence -Jones: Well, once again, I just want to thank everyone for coming out. I do want to clear up a few things that were communicated to make sure that everyone has the proper information. I would like to at least have JoAnn from NE2P (Northeast Second Avenue Partnership) and Marleine Bastien to come to the front really quickly, andl saw teacher somewhere in the back. I don't know where she -- oh, and Father Reginald, you; okay, yes, come up to the front real fast. I just want to just clear up. You know, we can sit in a room and throw all kinds of stones at each other, and some of this stuff that was said today is just not true. So I really want to be very clear. This is something that the Haitian community has been asking for for a while, even beyond me, for -- beyond my tenure, and all was doing as a public servant was being a responsible public servant and following through on the requests. There's so much confusion about where the boundary starts. Some people say it starts on 36th Street; some people say it starts on 54th Street; some people say it ends on 79th; some people say it ends on 82nd. This process was put in place to make sure that we had a clear understanding of the neighborhoods so that we could respect the neighborhoods, and to listen to some of the comments that were made as if we were not going to acknowledge, andl -- the young man that came from Gypsie's organization said it best. This was never about this. This was always about respecting people's neighborhoods and their culture, andl think that the charge that this community has come together, this group of people have come together to push this didn't start two weeks ago, okay? So that comment around, "We don't know where this came from," then that means you're not in touch or in tune with what the Haitian community has been asking for for a long time. We started this process, andl pushed this process forward because I was leaving. Of course, quite naturally, I didn't know I was leaving until the court case came back saying -- or the hearing saying that I could not stay. So we would have had a lot more time to really work through all of these issues. But do believe in keeping my promise, and ifI made a promise andl said that I'm going to do something, I want to follow it through. And support Little Haiti 100 percent. Little Haiti deserves to have some acknowledgement. They need to be recognized, 'cause they have made a lot of contributions. That doesn't say, Dr. Pinkney, at all, that we don't acknowledge Lemon City. No one's ever said that that was going to happen. And what's been hurtful in this process -- You know, when you sit up here, you could see everything that's going on in the room; that's the amazing thing about sitting up here. And you see people, you know, that are, you know, just sitting in the background conniving and, you know, doing little hateful moves and creating all these issues. The same thing that they claim that you're trying to do is exactly what they're doing; trying to create division between all of our communities. That's not what this was about. This was about respecting each other's culture, each other's heritage, and at least being able to acknowledge it in a wonderful way. And, you know, from this last hearing that we had here, a statement was made -- andl sat here and watched, you know, when Marleine and JoAnn came up. We actually put the information out a couple of weeks back to let everybody know that we were going through the process so that people would have the information. So this issue about dividing the community, this was doing actually the opposite. This was actually bringing people together so that we could respect each other's culture and contributions; that was the purpose of this process. There was another City ofMiami Page 91 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 statement that was made that we were deciding to make -- we made the decision only because I was leaving in the next weeks or four weeks, andl was trying to get -- no, this was a promise that was made by Commissioner Arthur Teele that decided to keep and make sure that we actually had -- have happen. Unfortunately, I will not be here, Father Reginald and everybody from the Haitian community, 'cause I will be leaving as of November the 5th, but at least you know your district Commissioner that made a commitment actually put the process in place, and that's what the Administration is going to do at this point. We are not saying it's going to be a NCD (Neighborhood Conservation District). We're not saying what it's going to be as of yet. The point of this discussion today was to hear everybody out, to make sure that everybody understood what the overall purpose was of the process, and then to direct staff or say to staff or let staff know that we would like to have you work with them; and not just the Haitian community, but these other communities that have discussed their interests and their concerns to make sure whatever district that we decide it's going to be called, whether or not it's a cultural neighborhood district, whether or not it's a -- whatever district it will be decided on will be decided after we've vetted it out with the community. But the whole purpose was to really make sure that everybody understood that we were not -- trying to be transparent. This process opened it up so that everyone could have a discussion around this issue, and regardless of what people may say, you know, this has been a very difficult -- out of all the issues I've had to deal with in these eight years, I have to honestly say I have never seen so much hate spewed on a group of people. I mean, I have never seen this much hate, never. And it is shameful, and you hide it as if it's something else, when it's really another thing. And it's shameful that we could get to this point that we could point fingers or we can say negative things about a group of people that have come here and struggled; and not just Haitian Americans, but African Americans, too, period. We all have struggled in this, you know, so to just see how we have allowed for others to divide us is shameful when we should be united. That's the wonderful thing about District 5, it is a community that comes with all different walks of life, and we should all be working together and not fighting each other. Ms. Wong just mentioned to you, I mean, many of the people that she services or even works there, she supports the Haitian community all the time; she's never been negative. And I have never -- Ben, the same thing; you know, we may go at it, but Ben supports the Haitian community, you know, so just to hear how this has divided the group, that wasn't the intention; the intentions was to make sure that the promise that was made was actually kept. So I - - Mr. Chairman, I just would like to direct the City Administration and the Planning Department - - I know you talked about your recommendations that would probably be two districts that would -- you know, could be considered as -- two options as a part of this process -- that we at least put this on the track to make sure that it's moving in the right direction. I'm assuming that someone from your group, Father, or Marleine, I don't know who from the group will take the lead in this effort, but we want to make sure that this happens. We want to keep the commitment that was made. Andl thank everyone for coming out tonight, and pray that we work together to have a more unified community. We just got the Upper Eastside, you know. It's a lot of wonderful minds in that area. I hope that they can work along with that community and help build it up and not tear it down; that's not the purpose. It's about building it up together. So with that being said, do you want to just close -- just one statement from y'all before we leave; whoever, just -- no, just one, 'cause we got to go. Marleine Bastien: Good evening, Mr. Chair, Commissioners. Thank you so much for giving us the opportunity to speak our hearts, to speak our mind on a people who, for years now, has given the example of democracy to the world. If we can sit down here and talk about different communities in America, it is because of our great nation of Haiti. I was -- I've been hurt. I've been standing behind there and hearing presentations about what we 're trying to do; that what we trying to do is about exclusion when, in fact, it is about inclusion. Commissioner Spence -Jones: In conclusion. Ms. Bastien: This is an issue that we started year -- years ago under the leadership of Commissioner Arthur Teele, and we thank Commissioner Spence -Jones for taking the leadership City ofMiami Page 92 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 and making sure that the mission that Commissioner Arthur Teele give himself that it is continued and that we are able to respect Little Haiti, to recognize Little Haiti, to understand and recognize and respect the contributions of Little Haiti. We don't want to do away with Lemon City. Commissioner Spence -Jones: Yes. Ms. Bastien: We don't want to do away with Little River. We don't want to destroy any cemetery. We don't want to exclude any business district. All we want, all we are asking for is respect and inclusion; that's all we're asking for. The seed of division cannot grow in a land of democracy. The seed of division cannot grow in the land of democracy. During slavery time, the white man who had been able to control us and to keep us divided so that slavery could remain for years and years, because of the same process that we see here, of white -- of one bad seed spreading division and then pitting, you know, people against each other, black against black. My friends, I'm going to conclude by saying this world has room for all of us. This community has enough room for all of us. We are the capital ofAmerica because of the strength of our diversity, because of the strength of our diversity, so let's cherish it, let's embrace it; don't let anyone divide you. We all want Little Haiti to be Little Haiti, but we want you all, our friends, our brothers and sisters to also be part of Little Haiti. The seed of division cannot grow in a land of democracy, in a land of freedom. My brothers and sisters, I hope that we can continue this dialogue together. We want to embrace each other. Chair Sarnoff Thank you. Ms. Bastien: We want to create room for all of us. Chair Sarnoff Thank you. Ms. Bastien: All of us. Chair Sarnoff Thank you. Commissioner Spence -Jones: Thankyou. Ms. Bastien: Thank you, Commissioners. Commissioner Spence -Jones: God bless. Unidentified Speaker: Thank you, Commissioner Spence -Jones. Commissioner Spence -Jones: You're welcome. Thankyou. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff All right, we're going to start the PZ (Planning & Zoning) agenda. Mr. Clerk, if you would start winding your tape. Todd B. Hannon (City Clerk): We're good to go. Madam City Attorney will have a statement that she needs to read into the record, then I'll administer the oath, and we'll be -- start the PZ items. Chair Sarnoff You ready? Go ahead. Victoria Mendez (City Attorney): We will now begin the Planning & Zoning items. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is City ofMiami Page 93 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 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 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. Chair Sarnoff All right, is there --? IfI recall correctly, Commissioner Carollo wantedPZ.3, 9 and 10; am I right on that, Mr. Director? Commissioner Spence -Jones: PZ.3. Francisco Garcia: Yes, sir. Francisco Garcia, Planning & Zoning director for the record. There is actually a long list of items that we would like to have continued today. May I go through the list with you? Chair Sarnoff Absolutely, as long as you include Commissioner Carollo's request. Mr. Garcia: Those are included in the list, absolutely. And so for your quick revision and also for the benefit of any of the property owners or other interested parties who might be in the audience, who might be here to address any of these particular cases, we are proposing at this time to continue Items PZ.3, PZ. 5, PZ.8, PZ.9 and 10, which are companion items; PZ. 11 and 12, which are companion items; PZ.13 and 14, which are companion items; PZ. 18 and 19, which are companion items; PZ.20 and 21, which are companion items; PZ. 22 and 23, which are companion items. The last three sets of two items were advertised as to be continued today, so those, I think, are safe to continue. The remainder of them, I have tried my best to communicate with any interested parties to inform them that they will be continued, but if they are here today and want to speak on any of these, then that would probably be appropriate to do. Chair Sarnoff All right, I just want to make sure didl hear you correctly. Is PZ.11 and 12 continued? Mr. Garcia: Yes, sir. Chair Sarnoff It is. Does there need to be a motion? Mr. Garcia: Please, yes. Andl would ask then if we -- Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by Commissioner Spence -Jones. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. You're recognized for the record, Mr. PZ. Mr. Garcia: Thank you, sir. And so what would like to do is to ask you to continue these to dates certain, and begging your indulgence, I would like to read the dates to which each of these will be continued. Chair Sarnoff Go ahead. City ofMiami Page 94 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Garcia: PZ.3 to November 21; that is the next available P&Z meeting; PZ.5, 11/21 -- I'm sorry -- November 21; PZ.8, November 21; PZ's 9 and 10, November 21; PZ's 11 and 12, November 21; PZ's 13 and 14, November 21; PZ's 18 and 19 to January 23; PZ's 20 and 21 to January 23; and PZ's 22 and 23 to November 21. Chair Sarnoff Maker accept that? Commissioner Suarez: Yeah. Chair Sarnoff Seconder? Commissioner Suarez: Either one is fine. Commissioner Spence -Jones: Yes. Chair Sarnoff Seconder accepts. All in favor, then please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff PZ.1. Mr. Hannon: Excuse me, Chair. Chair Sarnoff No. PZ.1. Mr. Hannon: I just need to administer the oath, sir. Anyone wishing to speak 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. PZ.1 ORDINANCE Second Reading 11-01196ap1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT; 3825, 3852 AND 3900 NORTH MIAMI AVENUE; 20, 21, 28, NORTHWEST 39TH STREET; 30 AND 50 NORTHEAST 39TH STREET AND 4100 AND 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 86,263 SQUARE FEET (1.98 ACRES) OF LOT AREA SPLIT AMONG 12 ADDITIONAL PARCELS FORA TOTAL COMBINED LOT AREA OF 917,495 SQUARE FEET: (21.06 ACRES) SPLIT AMONG SIXTY-THREE (63) PARCELS; B) INCREASING THE COMMERCIAL SPACE BY APPROXIMATELY 422,971 SQUARE FEET FOR A TOTAL OF 1,374,689 SQUARE FEET; C) INCREASING THE RESIDENTIAL UNITS BY APPROXIMATELY 489 UNITS FORA TOTAL OF 561 UNITS; D) City ofMiami Page 95 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 DECREASING THE HOTEL KEYS BY ONE (1) FORA TOTAL OF 52 KEYS; E) INCREASING THE PARKING SPACES BY APPROXIMATELY 1,181 SPACES ABOVE GROUND AND BELOW GRADE FOR A TOTAL OF 3,752 SPACES; F) INCREASING THE OPEN SPACE BY APPROXIMATELY 1,764 SQUARE FEET FOR A TOTAL OF 41,566 SQUARE FEET; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196ap1 CC 10-24-13 SR Fact Sheet.pdf 11-01196ap1 SR Analysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 11-01196ap1 CC Legislation (Version 3).pdf 11-01196ap1 FR/SR Exhibit A- Developer Parties.pdf 11-01196ap1 SR Exhibit C - Regulating Plan.pdf 11-01196ap1 SR Exhibit D - Concept Book.pdf 11-01196ap1 SR Exhibit E - Companion Programming Spreadsheet.pdf 11-01196ap1 Binder Info. Tabs 1-13.pdf 11-01196ap1 Binder Info. Tabs 14-19.pdf 11-01196ap1 Traffic Analysis. pdf 11-01196ap1 Traffic Appendix.pdf LOCATION: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on July 17, 2013 by a vote of 11-0. See companion File ID 11-01196da1. *See supporting documentation. PURPOSE: This will allow 12 additional parcels for a total development of approximately 21.06 acres for the "Miami Design District Retail Street SAP". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo 13414 Commissioner Spence -Jones: PZ. 1 and PZ. 2. Francisco Garcia (Director, Planning & Zoning): Yes, ma'am. Items -- City ofMiami Page 96 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff All right, PZ.1. Commissioner Spence -Jones: And while they're getting set up -- Commissioner Sarnoff, while they're getting set up -- Chair Sarnoff You want (UNINTELLIGIBLE) -- Commissioner Spence -Jones: No, no, we're going to do PZ.1. I don't think it's going to be long. Neisen Kasdin: No. Commissioner Spence -Jones: Neisen, it's not long, right? Mr. Kasdin: No. Commissioner Spence -Jones: Okay. Are we taking 1 and 2 together? Mr. Neisen: Yes. Mr. Garcia: Yes, please. Mr. Neisen: Yes, Commissioner. Commissioner Spence -Jones: And then I asked you for two minutes off the discussion, Commissioner -- I mean -- Commissioner Suarez: What are we doing here? Commissioner Spence -Jones: -- Chairman Sarnoff, and then I'd like to at least get Ernie and -- Chair Sarnoff I said -- you could -- if Ernie's quick -- Ernie's quick, right? Commissioner Spence -Jones: Yes. Chair Sarnoff What's quick" to you, by the way? 'Cause quick" to you has not been quick today. Commissioner Spence -Jones: Wait, listen. Chair Sarnoff I want to give you a great going -away party. Commissioner Spence -Jones: I know. I had a great one today. Chair Sarnoff But remember -- Commissioner Spence -Jones: I know, I know. Where's my cake? Chair Sarnoff Well, I had a bottle -- Commissioner Spence -Jones: Where's my cake? Chair Sarnoff -- of Blue, but we drank it during the day. Unidentified Speaker: You're not (UNINTELLIGIBLE), right? City ofMiami Page 97 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: No. In two seconds, they're going to -- Unidentified Speaker: They're going to do PZ.1 and 2. Commissioner Spence -Jones: You're next right after that. Chair Sarnoff All right, you ready? Commissioner Spence -Jones: The floor is yours. Mr. Garcia: I'll be brief in my introduction. Chair Sarnoff PZ.1. Mr. Garcia: Thank you, sir. Items PZ.1 and PZ.2 are companion items. Item PZ.1 is a special area plan proposal. It is actually an extension of the special area plan already in place for the design district, and item PZ. 2 is the development agreement that comes along with that, as well. I will mention briefly for the record that in the previous first reading -- so this is before you on second reading -- on first reading, this was passed by the Commission with four conditions, which have since been subsumed by the application, so those four conditions are already contained in the drafts in the revised plan. So at this point in time, we are recommending approval of the plan as proposed. With that, I defer to the applicants. Commissioner Suarez: Move it. Chair Sarnoff Can we open the public hearing up -- Commissioner Spence -Jones: Yes. Chair Sarnoff -- for PZ.1 and 2 simultaneously? Commissioner Spence -Jones: And l just wanted to -- Victoria Mendez (City Attorney): Yes, you may; however, they require two separate votes. Chair Sarnoff Okay, all right. So -- Commissioner Spence -Jones: Before -- I just want to -- Chair Sarnoff You're recognized for the record. Commissioner Spence -Jones: -- put on the record. I just want to put a Jennings disclosure; that I've met with both sides. I want to make sure -- Mr. Kasdin: More than that; you've facilitated working with both sides. Commissioner Spence -Jones: Okay, I just want to make sure. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -- City ofMiami Page 98 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: With amendments, right? Chair Sarnoff -- Jones. Commissioner Suarez: No. The amendments have been incorporated already. Mr. Kasdin: Well, there's a -- Commissioner Spence -Jones: No. Mr. Kasdin: -- we have to read something on the record, Commissioner. Chair Sarnoff Go ahead. Mr. Kasdin: IfI may. Neisen Kasdin and Javier Fernandez, representing the applicants, Affiliates ofDacra. You're familiar with the program and plan, andl think you've all witnessed the amazing progress that's being made, so I don't need to take your time with that; but we're here, along with Christina Miller from DPZ (Duany Plater-Zyberk), if you want to see any aspects of the project. Craig -- Chair Sarnoff I just want to know when is Prada going to have mints? Mr. Kasdin: And I -- Chair Sarnoff I mean, you know, I go there. I can only -- Mr. Kasdin: On that, I will -- we knew you were going to ask that question, Mr. Chair, and so I brought Craig Robbins, who is the one person who can answer -- Commissioner Suarez: I could take a shot at you right now, but I'm not going to do it. Mr. Kasdin: And we will conclude by some words from Craig Robbins, who is the visionary behind this project. So before you is the amendment to the special area plan, which is in your package, as well as an amendment to the development agreement. With respect to the development agreement, I'd like to report two items that are -- we'd like to include in the development agreement, and that will be on the -- amendments on the floor. One deals with estoppel certificate from the City with respect to the status of compliance of the design district project with the development agreement. In other words, there are times when lenders may say, "Are you guys in compliance? We need to know." And so we need to have a formal form that accomplishes that. So the language would read -- and we would add this in -- that is new Section 42, which would say: Within 15 days of receipt of a written request from the developer, City Manager, on behalf of the City, shall execute an estoppel certificate or similar instrument, in form and substance, reasonably acceptable to the City Attorney, affirming compliance with the conditions set forth in the agreement. If a response is not timely received from the City, the City's non -response shall be presumed to confirm that the developer is in compliance with the terms of the agreement. That's sort of a basic housekeeping thing that we need, given the size and scope and complexity of this project. Ms. Mendez: Mr. Kasdin, ifI may? Mr. Kasdin: Yes. Ms. Mendez: First of all, what compliance exactly; just compliance with the Zoning laws, compliance with the SAP (Special Area Plan)? City ofMiami Page 99 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Kasdin: Compliance with the development agreement. Ms. Mendez: Okay, all conditions of the development agreement? Mr. Kasdin: Yes, whatever is referenced that we have to comply with, with respect to -- and that the City oversees and governs. Ms. Mendez: Okay, and may I ask that it be 30 days, not 15 days? Mr. Kasdin: Okay. Ms. Mendez: Thank you. Mr. Kasdin: Thank you. Chair Sarnoff Does the maker need to accept that? Ms. Mendez: When it's moved later, it'll be as modified. Chair Sarnoff Okay. Mr. Kasdin: Okay. Ms. Mendez: Thank you. Mr. Kasdin: Second addition is through -- and this is also a result of the -- through the good offices of Commissioner Spence -Jones, we would like to -- Commissioner Spence -Jones: Good offices. Good offices, huh? Mr. Kasdin: What'd you say? Speak up. -- put in additional language in Section 15, I believe it is, 15(E) -- after 15(E) -- 15(F), which will state that the developer will provide support for the Buena Vista Heights Neighborhood Association crime watch program for a period of two years. We will also state for the record now as well that we will, of course, file the appropriate disclosure of an agreement that we will enter into memorializing this with the neighborhood association. Commissioner Spence -Jones: And this is the -- I just want to be clear -- this is to really address the issue that they came and spoke about the first time. One of you guys, can you just Mr. Kasdin: Yeah. Commissioner Spence -Jones: -- please stand up? One of them; doesn't matter. Mr. Kasdin: Yes. Commissioner Spence -Jones: The issue was around parking. The parking issue has been resolved, right? Mr. Kasdin: Yes. Commissioner Spence -Jones: So that's not an issue for us anymore. The other part was security and just making sure that there was some extra visibility in the overall area, correct? Frantz Elvi: Correct. City ofMiami Page 100 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: I just want to make sure. That's -- that was the issue, right? Mr. Elvi: Frantz Elvi. I'm president of Buena Vista Height. That was the issue. Commissioner Spence -Jones: Okay. Mr. Elvi: I've always believed that a strong community on our end would be a strong Miami Design District. So we proposed to the Miami Design District a neighborhood watch program that we putting in place, and we asked them to support it, andl think we're in agreement with the support. However, because we've been going back and forth since last night agreement -- Commissioner Spence -Jones: Well, he's putting it in the document. Mr. Elvi: Correct. I want to make sure the language are correct. Commissioner Spence -Jones: Okay. I think you just read the language, right? Mr. Kasdin: Yes, yes. And we also -- Commissioner, ifI may add, there are additional things already in the development agreement, including that -- Commissioner Spence -Jones: Trees. Mr. Kasdin: -- we will host their meetings, that we will plant and water trees at our expense, and other items. Commissioner Spence -Jones: And you started the trees already, right? Yeah. Mr. Kasdin: Yes, we have. Commissioner Spence -Jones: So in -- Ulysee Kemp: Ulysee Kemp, 76 Northwest 39th Street. Can we get a reading of what they're putting on record -- Commissioner Spence -Jones: I think he just -- Mr. Kemp: -- for clarification? Commissioner Spence -Jones: Didn't you just -- Mr. Kasdin: I just said that we will -- Commissioner Spence -Jones: He just wants you to read it -- Mr. Kasdin: -- that -- Commissioner Spence -Jones: -- say it again so that -- Mr. Kasdin: -- the developer will provide financial support for two years for the -- to the Buena Vista Heights Neighborhood Association -- Commissioner Spence -Jones: For security or -- Mr. Kasdin: -- for security -- City ofMiami Page 101 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: -- anything related (UNINTELLIGIBLE). Mr. Kasdin: -- and the implementation of a crime watch. Commissioner Spence -Jones: That's what y'all -- for four hours -- I'm assuming that's what y'all worked out in there. Mr. Kemp: When I was asking for -- I was specifically talking about the specifics on what type of support, what -- are there amounts of support? What are we agreeing to? Commissioner Spence -Jones: I think -- let me -- Kemp, I think that we can't really get into the details, you know, in this forum. That's really something that you guys have to work out, but what we wanted to do is just make sure at least you put on the record, you know, that there is some sort of partnership to address the crime. Mr. Kasdin: And we have worked it out. We had a discussion and we will -- Commissioner Spence -Jones: We don't get in -- the Commission -- Mr. Kasdin: You don't get involved in that. Commissioner Spence -Jones: Right. Mr. Kasdin: You can't get involved in that. Commissioner Spence -Jones: We don't get -- right -- involved in what that is. Their concern is just to make sure the security issue has been resolved or will be resolved, correct? Mr. Kasdin: Correct. Commissioner Spence -Jones: I want to make sure. Chair Sarnoff All right, let's go. So we have a motion. Commissioner Spence -Jones: You okay? Chair Sarnoff I think the mover is going to have to take it as modified. Commissioner Spence -Jones: You okay, Kemp? Chair Sarnoff Accept that, mover? Commissioner Spence -Jones: You all right? Commissioner Suarez: Yes. Chair Sarnoff Seconder accept? Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Sarnoff Seconder accept? Commissioner Spence -Jones: Seconder -- City ofMiami Page 102 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PZ.2 Chair Sarnoff Seconder accepts. Commissioner Spence -Jones: Wait, wait, wait, wait, wait, wait Mr. Kemp: Yeah. Commissioner Spence -Jones: All right, seconder accepts. Chair Sarnoff There you go. All right, public hearing. Anybody wishing to be heard on PZ.1 or PZ.2, please step up. Hearing none, seeing none, coming back to -- ToddB. Hannon (City Clerk): Sir, sir, she's stepping to the mike. Chair Sarnoff Yes, sir. Mr. Hannon: She's coming to the podium right now. Chair Sarnoff Ah, boy. I would have -- Unidentified Speaker: No, I would defer. Chair Sarnoff Why don't we let -- Wendy Stephen: Right. I'll be very brief. My name is Wendy Stephen. I'm representing the Buena Vista East Historic Neighborhood Association, just to reiterate that our concerns -- we've been in discussions for a long period with Dacra on the issue, and our concerns have been addressed in the amendments thus far. Commissioner Suarez: Great. Ms. Stephen: And we remain -- Commissioner Suarez: Fantastic. Ms. Stephen: -- happy. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard? Craig Robbins: I just want to thank you all for your ongoing support. We're working really hard to make our city a better place, and your help is very appreciated. And thank you, Commissioner Suarez, for your very kind comments. Commissioner Suarez: Thank you. Chair Sarnoff Okay, PZ.1, Madam City Attorney, is an -- the public hearing is now closed. PZ.1, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. ORDINANCE Second Reading City ofMiami Page 103 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 11-01196da1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)" APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT, 3825, 3852 AND 3900 NORTH MIAMI AVENUE, 20, 21, AND 28 NORTHWEST 39TH STREET, 30 AND 50 NORTHEAST 39TH STREET, 4100 AND 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO THE PREVIOUSLY -APPROVED "MDDRS SAP"; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "MDDRS SAP" AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING ORDINANCE DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196da1 CC 10-24-13 SR Fact Sheet.pdf 11-01196da1 CC SR Legislation (Version 3).pdf 11-01196da1 SR Exhibit.pdf LOCATION: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 11-01196ap1. PURPOSE: This will allow an additional 12 parcels for a total development of approximately 21.06 acres for the MDDRS SAP. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo 13415 Note for the Record: Please see item PZ.1 for minutes referencing item PZ.2. Chair Sarnoff PZ.2. City ofMiami Page 104 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney Victoria Mendez (City Attorney): And as amended on the floor today. Neisen Kasdin: Mr. Chair, ifI may just for the record, those two amendments were for the development agreement that were announced on the floor. Chair Sarnoff Maker and seconder understand that? Commissioner Suarez: Understood and accepted. Commissioner Spence -Jones: Yes. Chair Sarnoff Okay. Todd B. Hannon (City Clerk): Roll call on item S -- PZ.2 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. Chair Sarnoff All right. Mr. Kasdin: Thank you very much. PZ.3 RESOLUTION 05-0061 8ac1 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. 05-00618ac1 CC 11-21-13 Fact Sheet.pdf 05-00618ac1 Department Analyses, Maps, PZAB Reso.pdf 05-00618ac1 Application & Supporting Docs.pdf 05-00618ac1 CC Legislation (Version 2).pdf 05-0061 8ac1 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] City ofMiami Page 105 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PZ.4 13-00801ac 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. PURPOSE: This will allow the closure of an alley. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.3 was deferred to the November 21, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE PORTIONS OF NORTHWEST2ND AVENUE AND NORTHWEST 1ST COURT AND ALLEYS BETWEEN NORTHWEST 1ST AVENUE (WEST) AND NORTHWEST 2ND AVENUE FROM NORTHWEST 8TH STREET TO NORTHWEST 9TH STREET, MIAMI, FLORIDA. 13-00801ac CC 10-24-13 Fact Sheet.pdf 13-00801ac Department Analyses, Maps & PZAB Reso.pdf 13-00801 ac Public Works Analysis, Application & Supp. Docs.pdf 13-00801ac CC Legislation (Version 2).pdf 13-00801ac ExhibitA.pdf LOCATION: Approximately Portions of NW 2nd Avenue and NW 1st Court and Alleys between NW 1st Avenue (West) and NW 2nd Avenue from NW 8th Street to NW 9th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of the Southeast Overtown Park West (SEOPW) Community Redevelopment Agency and The Black Archives Historic & Research Foundation of South Florida ("Black Archives") FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on February 7, 2013 by a vote of 5-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 23, 2013 by a vote of 8-0. City ofMiami Page 106 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PURPOSE: This will allow a unification of the site to provide a more -uniform development. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo R-13-0438 Chair Sarnoff PZ.1. Francisco Garcia (Director, Planning & Zoning): Items -- Commissioner Spence -Jones: Mr. Chairman, (UNINTELLIGIBLE). Chair Sarnoff PZ.4. Mr. Garcia: Thank you, sir. Item PZ.4 is a proposal. It's actually a resolution before you today to propose the alley closure for portions of Northwest 2ndAvenue and Northwest 1st Court and alleys between Northwest 1st Avenue West and Northwest 2ndAvenue from Northwest 8th Street to Northwest 9th Street. This proposal has been reviewed and recommended for approval by the Public Works Department, by the Plat and Street Committee, by the Planning & Zoning Department, and by the Planning Zoning -- I'm sorry -- Planning, Zoning and Appeals Board as well, by a unanimous vote of 8 to 0. That's all I have by way of presentation. If the -- Commissioner Suarez: Move it. Mr. Garcia: -- applicant wishes to pro -- Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion; we have a second. Commissioner Spence -Jones: You need to put something on the record? Commissioner Suarez: It's a resolution. Commissioner Spence -Jones: She want to -- oh, you -- okay. Chair Sarnoff All in favor -- Commissioner Spence -Jones: Aye. Todd B. Hannon (City Clerk): Excuse me, Chair. It's a PZ (Planning & Zoning) item. We need to open up a public hearing. Chair Sarnoff Public hearing. Anybody from the public wishing to be heard on PZ.4, please step up. Hearing none, seeing none, coming back to this Commission; all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Even if it's a reso, it has to be a public hearing, too? City ofMiami Page 107 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PZ.5 13-00802ac PZ.6 13-00899xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST27TH STREET ALLEY FROM BISCAYNE BOULEVARD TO APPROXIMATELY 730 FEET EAST OF BISCAYNE BOULEVARD, MIAMI, FLORIDA. 13-00802ac CC 11-21-13 Fact Sheet.pdf 13-00802ac Department Analyses & Maps.pdf 13-00802ac PZAB Reso.pdf 13-00802ac Application & Supporting Documents.pdf 13-00802ac CC Legislation (Version 3).pdf 13-00802ac Exhibit A.pdf LOCATION: NE 27th Street Alley from Biscayne Boulevard to Approximately 730 Feet East of Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Estrellita S. Sibila, Esquire, on behalf of 27th Street Investments, LLC; 333 NE 27 Street Corp; 1200 Brickell 12th Floor, LLC; Graciela & Jaime Rodriguez Trust; Felix R. Rodriguez; Marta R. Rodriguez; Armando Rodriguez and Olga Rosado FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on September 5, 2013 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 16, 2013. PURPOSE: This will allow closure of an alley. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.5 was deferred to the November 21, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION REQUIRING CITY COMMISSION, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES" TO ALLOW AN ALCOHOLIC BEVERAGE SERVICE ESTABLISHMENT IN A "D-2" INDUSTRIAL DISTRICT ZONE, SUBJECT TO City ofMiami Page 108 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1915 NORTHWEST MIAMI COURT, MIAMI, FLORIDA. 13-00899xc CC 10-24-13 Fact Sheet.pdf 13-00899xcAnalysis, Maps & PZAB Reso.pdf 13-00899xcApplication, Supporting Documents & Plans.pdf 13-00899xc CC Legislation (Version 2).pdf 13-00899xc Exhi bit A. pdf 13-00899xc-Su bmittal-Petitions. pdf 13-00899xc-Submittal-Photograph.pdf 13-00899xc-Submittal-Copy of Lease Agreement and Pictures. pdf LOCATION: Approximately 1915 NW Miami Court [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Glass House Productions, LLC and A.A. Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with a condition*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a condition* to City Commission on September 23, 2013 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow an alcohol beverage service establishment. Motion by Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Spence -Jones Noes: 1 - Commissioner(s) Suarez Absent: 2 - Commissioner(s) Gort and Carollo R-13-0440 Commissioner Spence -Jones: PZ.6. Chair Sarnoff PZ. 6. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Item PZ.6 is a resolution before you requesting an exception for an establishment located at approximately 1915 Northwest Miami Court. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Well, actually, it's in -- Chair Sarnoff My district. Commissioner Suarez: Sorry. Commissioner Spence -Jones: Do you (UNINTELLIGIBLE) -- Mr. Garcia: So we would like to recommend that item with some conditions, ifI may read those briefly into the record? City ofMiami Page 109 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Please. Mr. Garcia: Thank you, sir. We would like to request that a parking lease and valet agreement, in a form acceptable to the Zoning Administrator, must be submitted prior to issuance of any building permit or certificate of use. Chair Sarnoff All right. Commissioner Suarez: Maker accepts the amendment. Chair Sarnoff Let me just say a few things about this. This is a 5 o'clock closure, and it is a 5 o'clock -- yes. So let me make a Jennings disclosure. I met with -- I think it's called Glass. I think it's called Glass. I remember the folks associated with this particular facility; took a tour of the facility; looked at the parking facilities, Mr. Planning & Zoning Director; asked them to provide us parking lot lease agreements, which I am now in receipt of what appears to be two parking lot agreements, though I candidly admit one of the parking lot agreements, I can't tell what's the designation or how many parking spots there are there, so I'd ask you to perform a little more due diligence with regard to that. Now, just in general with regard to 5 o'clock last calls, 'cause that seems to be the way we in the City ofMiami interpret that, I am not in favor of what call "last calls." I like to see what call "hard closures," but what I'd also like to see is somebody have the opportunity to sober up, and that means a period of time where they spend in a bar where they cannot order another drink and then obviously get in a car and leave. So I bring this as a discussion to you all to help me with this issue. I think if there's ever a place that is funky, cool, it is this place. If ever a place was a place that could view -- that could handle a crowd, it is this place. Commissioner Spence -Jones: What is this place? What is this place? Chair Sarnoff It is -- Commissioner Spence -Jones: It's on 19th Street, but I'm just -- Northwest Miami Court. Chair Sarnoff Yeah, it's pretty hard to find. Well, has anybody gone to the new -- there's a motorcycle shop around the corner. There is a car place there. They call it adult toys, but it actually means just funky cars. Commissioner Spence -Jones: Mm-hmm. Chair Sarnoff It's a little -- and there's a gym, a boxing gym. Commissioner Spence -Jones: Oh, is it by the boxing gym? Chair Sarnoff Right next door to the boxing gym. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff So it's a very -- if there is such a thing as ` feng shui, " it's a very cool little happening place. However -- Commissioner Suarez: Feng shui. Chair Sarnoff "Feng shui "; is that the right way of putting it? All right, here's my issue. I really believe that we should, if we're going to do these late -night closures, have a last call for alcohol, a cool -off period and then a hard close. My thinking is a 4 o'clock last call. My City ofMiami Page 110 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 thinking is a hard close, 5 o'clock. Madam City Attorney has indicated to me we can do that. I'm open for the discussion on this. I've been there. I went there. Commissioner Suarez: You know I'm very liberal on this issue; I mean liberal in the sense that I don't have a problem with them serving alcohol 24 hours. The reason why is because -- andl went to school -- I went to law school in Gainesville, and Gainesville has a hard close at 2 a.m., and what you would see is everyone would come out drunk at 2 a.m. So instead of there being a natural flow of people leaving -- you know what I mean? -- hopefully, when they're sober, 'cause at the end of the day, it's on people to be responsible and to not drink more than you should and get in a vehicle. You know, I always think that doing an artificial closing time, to me -- this is my philosophy on this issue -- actually, in my experience and what I've seen, creates problems, fights, accidents, and all that stuff. But I mean, that's just my perspective on it. You know, whatever you guys want to do is fine with me. Commissioner Spence -Jones: So are you saying you want it to close at --? I'm sorry. Ben Fernandez: I'm going to make -- one brief comment to make -- thank you, Mr. Chair -- which is that it's a 5 a.m. closing or liquor sales that we're -- Commissioner Spence -Jones: You got to put your name. Mr. Fernandez: -- requesting, 5 a.m. and -- Huh? Commissioner Spence -Jones: Name on the record. Mr. Fernandez: Oh, I'm sorry. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. And what I'd like to just bring to your attention is the fact that you have a 5 a.m. district that is north of the expressway. It's called the Media and Entertainment District. But the reality is that the legislative intent of this body has never been met because there are no clubs there, because the expectation is that that will develop with the Genting development eventually. The prices are not conducive to anyone coming in to building new infrastructure for club purposes, and this property is located in between that district, which is here, and the Wynwood Cafe District, which is a 3 a.m. district. So what you have is a 24-hour district, very few, if any, 5 a.m. clubs, and then a less intense 3 a.m. district. So this is going to be meeting the intent of that Omni Media District, which it's right next to, but it's not within it, because it can't be, because no one can really afford to be located in that area, nor does I think this Board want to see that type of use in that area any longer. Cecilia Stewart: Mr. Chair, when you open up the -- Chair Sarnoff Public hearing. Ms. Stewart: -- public meeting, I would like to speak. Chair Sarnoff You're recognized for the record. No, go ahead, go ahead. Commissioner Spence -Jones: You're recognized. Ms. Stewart: Okay. Cecilia Stewart, 1899 Northwest 1st Court. Good evening, Mr. Chair and Commissioners on the dais. Thank you for allowing me this opportunity as a property owner to speak on behalf of myself and my neighbors who signed a petition against the opening of this nightclub in our community. We are concerned about the peace, wholesomeness, and well-being of the community, along with the following: The types of clients that the proposed establishment will attract and/or solicit, the control of parking, noise volume, crime rate, traffic volume, both pedestrian and vehicles. We are also mindful of the schools and parks, namely, Muriel and City ofMiami Page 111 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Arnold Rosen Educational Complex, Joni and Stanley Tate Early Childhood Center, Bridge Prep School, Phyllis Wheatley Elementary School, Biscayne and Dorsey Parks, as well as the Miami Rescue Mission and the transient indigents, along with the historic designated sites, which includes the City ofMiami Cemetery and the Historic Saint Agnes Episcopal Church; also including churches such as the Temple Israel, A.M. Cohen Temple Church of God in Christ, and Temple Missionary Baptist Church, just to name a few. The use of this proposed establishment -- hello? Commissioner Spence -Jones: I'm just trying to be helpful. Ms. Stewart: That's coming from my yard. I took that this morning out of my backyard. That shows the parking lot, and I'll get to that information when you allow me to complete my presentation. Chair Sarnoff Go ahead. Commissioner Spence -Jones: No problem. We just trying to understand it, that's all. Ms. Stewart: The use of this proposed establishment is not acceptable, nor is it beneficial to our community, neither is a wholesome influence, nor proper type of entertainment to expose to the community. We are currently overwhelmed enough with disturbances in our community. Surely, we can address the challenges of unemployment without bringing such unsavory establishments into our community. This proposed type of establishment will only embolden illegal activities and elicit such lifestyles that are not going to create and sustain good jobs. Let us focus on what is healthy for the community. And Mr. Chair, I would like to have, if it please you, a couple of more minutes, because I have two minutes andl know that, but I gave a petition with some of my neighbors, so if you would please allow me two more minutes. Chair Sarnoff I'm going to give you more time. Would you show me where your house is on that map right there? Ms. Stewart: This is 20th Street. I don't know where -- 1st Court is off the map, so I can't show you where I live on this map. Chair Sarnoff You came to my office once before, didn't you? Ms. Stewart: Yes, I did. Chair Sarnoff Did we help you with that issue? Ms. Stewart: Yes, you did. Chair Sarnoff Okay. Ms. Stewart: And I thank you for that. Chair Sarnoff Okay. Go ahead, continue, continue. Oh, give it to me. Thanks. Ms. Stewart: With that being said, I notice that the Planning & Zoning Department is prepared to approve this exception with the condition that the nightclub provide parking off site. My question is: Will the Zoning Department demand that the off -site parking be provided subject to a recorded covenant made at a minimum with a lease term of five years? Please require and demand a recorded covenant. IfI have -- I'm sorry. I have many questions. Please defer this item untill can meet with the applicant's attorney. Thank you. City ofMiami Page 112 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Thank you, Ms. Stewart. So, just so you know, Ms. Stewart or anyone else out there, I drove around and actually walked around, and let me be disclosing it. It was with Victor de Yurre. We actually walked the block all the way around, looked around in detail. There's a cement mixing plant directly across the street. This is a very, with all due respect, rugged neighborhood, but a neighborhood that -- I shouldn't say this -- but ifI were an investor, I would certainly look to invest there, 'cause I -- it's going to be a happening neighborhood, bar none. Also, so you know -- I like to be disclosing -- I'm a little bit of a boxer, so I went to the boxing gym, and in December, we're going to have a charity event where you can hit the Commissioner, if you can. So anybody that wants to hit me or take their shot will have their shot. I know there's people in the audience. Behar's already signed up. But remember, Behar, I get to hit back, too, so we'll see about that. Here is my thinking: I am not -- obviously, I don't go to these establishments. If was 20 or 21 or 25 years old -- I shouldn't have said 20, should I? -- I said 21 or over, although in my day, you could drink at 18 -- I would certainly go to this place. Let me say that this is an extraordinarily interesting place to go to. In terms of whether it brings out the right or wrong kind of people, that's in the eye of the beholder. I could tell you this about the parking: They have parking directly -- where their (UNINTELLIGIBLE) door opens, I would say they have 20 to 30 spaces right there. Directly across the street -- andl will make sure they have a lease for at least three years, Mr. P&Z (Planning & Zoning). I want to make sure it's at least a three-year lease. Directly across the street, they could probably park upwards of I'd say, 40 to 50 cars easily. On their block, they could probably park another 30 -- well, 30 might be -- 20 cars. There's a lot of parking around the neighborhood. And by the way, they did not have these leases when I walked out there on Monday -- Monday or Tuesday, and they have them in hand -- well, they had one; they had the other one in hand today. I'm going to ask the Planning & Zoning director to make sure that the leases are satisfactory and in accordance with your suggestions. But I'm going to ask you a question. Ms. Stewart: Yes. Chair Sarnoff IfI were to grant them an extension, would you agree that there should be a hard close and a cooling off period? Ms. Stewart: Yes. Chair Sarnoff And do you think 4 or 4: 30 is the right number? Ms. Stewart: Four. Chair Sarnoff Four o'clock? Ms. Stewart: Yes. Chair Sarnoff Give them an hour of no further drinking so that they would be in the place, and then by 5 o'clock --? Ms. Stewart: Yes. Chair Sarnoff That's my inclination, as well. Ms. Stewart: Yes. Chair Sarnoff All right, I'm going to pass the gavel to my new Vice Chair. ToddB. Hannon (City Clerk): Excuse me, Chair, we do have a motion by Commissioner Suarez; if he would like to withdraw his motion. City ofMiami Page 113 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Did you withdraw your motion? He believes in 24; he may not. Ms. Stewart: Before we do that, please, could I explain the photograph that I passed to you? Commissioner Spence -Jones: Yeah. Chair Sarnoff Sure. Commissioner Spence -Jones: That's what I was trying to understand. Ms. Stewart: The photograph is taken from my backyard. That's a lot that they have in the information for to be leased, which is considered a three -acre lot. They want to lease that for parking. As you can see the condition of that, there's no lighting, it's no pavement, it's no drainage. It's just bush. They got to do that in order to use that lot. However, it's right across the street from me. As you can see the proximity, that's my backyard; the side, that's the side of my house. Chair Sarnoff And let me be clear. That is not the lot they took me to. Ms. Stewart: That is not the lot they took you to, sir. Chair Sarnoff Right. The lot they took me to was across -- was it that? -- and that's the lot she's describing? Unidentified Speaker: (INAUDIBT,F). Chair Sarnoff Okay. Ms. Stewart: No. You can't see where he's talking about because it's not there; it's near my home. It's not on that picture. Chair Sarnoff Do me a favor, Ms. Stewart. Ms. Stewart: Yes. Chair Sarnoff We're going to hand you the mike again. I want to show you the lot so you can see the lot he's pointing to me that he now has a leasehold interest on. Ms. Stewart: Okay, okay. This is the property. This is Northwest Miami Court, right? All right, across here is where the Tarmac cement trucks park their cars, okay. That's the 40 lots over there. Now, on this other side, this is where the motorcycle company, so forth. Chair Sarnoff Right, right, right. Ms. Stewart: Okay, good. Over here off the screen, there's a big lot that you have there in your hand. Chair Sarnoff But that's not the lot that they're showing to me that they have leased. Ms. Stewart: Mm-hmm, but on their requirements in their explanation of accounting for additional spaces, they include that three -acre lot to be used for off -site parking. Chair Sarnoff Well, let me go to my Planning & Zoning director. Commissioner Spence -Jones: And Ben. He's right -- City ofMiami Page 114 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff You want to answer that? Mr. Fernandez: Yes, ifI may. First of all, we have a parking lot on site that you saw, Commissioner -- Chair Sarnoff Right, right. Mr. Fernandez: -- that is available, entirely available, because all of the other businesses, of course, are closed when this place opens at 11 p.m. In addition, there is abundant on -street parking along Miami Court, which is entirely non-residential, all the way down to the park. Then we have a lease on the parking lot that Tarmac uses, but, of course, is available in the evening, which is the lot that we pointed to on the street. In addition to that, there is a three -acre lot over here, which we're talking to them about and we can potentially lease, but we don't need it. Chair Sarnoff And isn't that the lot that she is talking about from her --? Mr. Fernandez: That would be the lot that she's talking about, but we satisfy our parking requirement with just the first parking lot that we're leasing, and that's what your Planning Department can confirm to you. Chair Sarnoff But just to be clear, you've handed me the lease for your interior parking and you've handed me the lease for what appears to be the -- Mr. Fernandez: For the one across the street. Chair Sarnoff -- I would say the southwest parking lot. Mr. Fernandez: That's correct. Chair Sarnoff Okay. And all I ask my PZ director is that you verify the lease, you verify that there's some attachment to the use, and you verifi, it is not less than three years. And maybe what you do is -- if this has to come back to you in three years, that it can get renewed so long as they have the same lease on their parking lot. The other part of the motion I'm going to make equally is that this has a 4 o'clock last call and a 5 o'clock hard closure. That would be my -- Commissioner Suarez: Okay. Chair Sarnoff -- motion to approve. Commissioner Suarez: Okay, just from a procedural perspective, I think had a motion on the table, but since I am now the Chair, I can't make a motion. Chair Sarnoff Under Mason's rules -- Mr. Hannon: No, you just -- you're just withdrawing your motion. Chair Sarnoff Right. Mr. Hannon: You're not making a motion, sir. Commissioner Suarez: No, I'm saying 'cause I'm now the Chair, I can't -- the Chair can't make a motion; he has to pass the gavel, so I'd have to pass it back to you. No -- City ofMiami Page 115 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff All right. Commissioner Suarez: Listen -- Mr. Fernandez: I'm sorry. Commissioner Suarez: -- it's a long night. Mr. Fernandez: Mr. Chair, before you -- Commissioner Suarez: Yes. Mr. Fernandez: -- the gavel is passed, can Mr. Lowe address -- the proprietor? Commissioner Suarez: How quick? Mr. Fernandez: Very quick. MarkLowe: I mean, it's not extremely quick. I mean, it's my business, so I would like to be able to speak with respect to the Commission before any -- Commissioner Suarez: How much time do you need, sir? Mr. Lowe: Five minutes -- Commissioner Suarez: Okay. Mr. Lowe: -- before any decision is made.. Commissioner Suarez: Put five minutes on the clock. Thank you. Mr. Lowe: First, to address the resident. ma'am, we reached out initially to many different spaces to -- Commissioner Suarez: Sir, excuse me a second. I'm sorry to interrupt you. Mr. Lowe: Yes. Commissioner Suarez: Can you please put -- Commissioner Spence -Jones: Name for the record. Commissioner Suarez: -- your name and -- Mr. Lowe: Oh. Commissioner Suarez: -- your address on the record. Mr. Lowe: Yes, I will. Commissioner Suarez: We need for our documentation purposes. Mr. Lowe: My name is MarkLowe. My address is 8101 Biscayne Boulevard -- Commissioner Suarez: Thank you. City ofMiami Page 116 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Lowe: -- Suite 702 -- Commissioner Suarez: Go ahead. Mr. Lowe: -- Miami, Florida 33138. We reached out to many lots that we were interested in. As typically happens, when you reach out with letter of intents, owners of lots came back to us, and prices changed, quadrupled and tripled The losses -- or the lots that we have taken are not the lots that you're talking about. If there is ever an issue with the Commission or with a neighbor and those lots, absolutely, we will not take that lot. I don't want to have any issues with anyone in the neighborhood, andl apologize to you, because I did not know that you were a neighbor of that lot. So I wanted to say that. Ms. Stewart: Okay; apology accepted. Mr. Lowe: Secondly, whatl wanted to just say to you, Members of the Commission, I appreciate all of your time, andl know it's late. Thank you. Three years ago, my realtor began showing me spaces from Broward to South Beach. After looking at over 200 spaces, I chose the West Omni area where House is located. My realtor told me that this was the future ofMiami. Truthfully, I wasn't sure. It was abandoned. It was a warehouse. There was nothing there. I saw no life. Downtown is established; Midtown has exploded; the Design District is literally replacing Bal Harbor; Wynwood has created its own artistic persona; and the West Omni area is truthfully I believe the future. I have built and designed 14 nightclubs globally, restaurants, lounges, supper clubs in multiple commercial and residential spaces. My last nightclub, Living Room, in Fort Lauderdale, was one of the most successful nightclubs in Broward County until left to focus on the dream of House. It was located on Las Olas Riverfront, which was a plaza that was in foreclosure; not the best area; unkempt and uncared for. Everyone questioned my choice, but I genuinely believed that there was something special there; the same reason I genuinely believe that there is something special in this area. My philosophy is simple: Build something spectacularly beautiful, a true work of art with a concept and vision; treat customers well, and they will come. This idea of House has been a six year vision for me. This is not a guy trying to open a nightclub; the idea of a house party where everyone feels welcome and connected. This is not an ordinary House, but a House of the future, with 360-degree panoramic projections, 3D architectural mapping, holographic and fog screen technology, technology that exists nowhere in the world. Forget Miami. It exists nowhere. House is an art and performance -based space. It is about shows, art, and simple appetizers served in different ways. The economic collapse of 2009 and the effect that it had on local artists in Miami and even national artists decimated art galleries. This is an opportunity for artists to have their work shown on the largest projection screen in the United States. We have supported countless charities, including the March of Dimes, Make A Wish, Muscular Dystrophy, GLAD (Gay and Lesbian Advocates and Defenders), His House, PBA (Police Benevolent Association) and FOP (Fraternal Order of Police) organizations. Additionally, we were the only nightclub in Broward County to support the two fallen officers that were killed in Miami, and we were a Broward-based business two years ago. The people in Midtown, Wynwood, downtown, and Design District deserve an upscale alternative to South Beach. South Beach is not what it once was. My following and clientele in Broward are waiting patiently with anticipation. This is not about after hours. This is not about an early lounge. It is integral -- andl want to repeat this -- it is integral for our sheer survival that we are able to serve and be open until 5 a.m. We are in an industrial zone. There is no neighborhood. We have no neighbors and no life after 5 p.m. We are not afforded the walk-in traffic that Wynwood is blessed with, nor are we afforded the after-hours traffic that downtown has. That's not what we want. We are almost 10,000 square feet, and we cannot survive financially if we are -- stop serving alcohol at 4. We need to have an equal footing with the competition on the Beach. Our competition is Liv and Story. Miami deserves a venue like Liv and Story here. Since we've moved to the area, I'm proud to say that Punch Boxing, House of Thunder, and many additional businesses have come as well. We have created our own little City ofMiami Page 117 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 block, and it's growing. Of paramount importance is parking, security, and liquor liability. Aside from the endless street parking, we have signed leases on two paved and lime lots. We have more than tripled our parking requirements. Above that, we have letters of intent on an additional 100 spaces, which is not the lot you're speaking of. Security will be outside the front door at every major entrance/exit point, next to tables and restrooms, outside on each corner and in the lots, themselves. We would also like to form an organization allowing us to have police detail, because downtown is entitled to do that and Miami is not. Commissioner Suarez: Sir, I'm going to need you to conclude. Mr. Lowe: We have two security vehicles for patrolling, and we recognize that one break-in can destroy this entire business. Security is an outside company, licensed, bonded and insured. Garbage will be cleaned nightly by porters, and any additional debris in the streets will be taken care of. The handling of liquor at night is gravely important. First -- Commissioner Suarez: Sir? Mr. Lowe: Yes? Commissioner Suarez: I need you to conclude. Mr. Lowe: I'm almost done. Commissioner Suarez: Thank you. Mr. Lowe: Promise. First, we are a 21-and-over establishment; secondly, all of our staff are certified in alcohol prevention awareness programs. If there is ever an issue, we will take care of our clients and take them home. I want to make it clear that this is a world -class destination, and that is what our intent is, to bring something extraordinary and unique and different. And every person who's with me has given their soul for this project, and we've been here for two years, and we've been through hell, and I'm simply asking for the opportunity to open and be given the same fair stage that you voted Stage to have when they were given a 3 a.m. to 5 a.m. exclusion in the Design District, as well as Bargo, which has the same thing. I'm simply asking to be on equal footing. Commissioner Suarez: Thank you, sir. Mr. Lowe: Thank you for your time. Commissioner Suarez: Okay, Ivan Baumeije. And just to be clear, it's a two -minute -- I just want to be clear. You have two minutes under our ordinance. I gave the gentleman five minutes because he's the owner of the establishment and was requesting additional time, but you have two minutes to speak on this item. You're not registered, Renita, on this item. Renita Holmes: Yes, I am. Commissioner Suarez: Oh, is she? Okay, my apologies, Renita. Ms. Holmes: All right. Commissioner Suarez: Go ahead. Oh, you just -- she just -- Ms. Holmes: That's okay. Commissioner Suarez: -- gave it to you now? No, I don't see -- oh, okay. Is this her? City ofMiami Page 118 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 ToddB. Hannon (City Clerk): Yes, sir. Commissioner Suarez: I got it, okay. Ms. Holmes: Yeah, I forgot my -- Commissioner Suarez: I'm sorry. Ms. Holmes: -- City ofMiami badge. You know how it is. But I just wanted to ask a question, if I may, on the record. When we talk about parking lots, I know this neighborhood pretty well, and that's my neighborhood, but I also know the recovering persons in the neighborhood, you know. I know the recovery people; I know the issues at night; I know the rapes that have occurred; I know the molestations that have occurred; I know the robberies that have occurred -- not all of them, but, God, how many do you have to know? So safety is always an issue, but there is one safety issue that we hardly ever deal with, Commissioners, and that's the one about health risk. And when you have parking lots and tailpipes up against your face, that's a problem. When you have noise and pollution, that's a problem. But my question I guess is: Were there any environmental studies or impacts in regards to the direct impact that this lady will have due to the fact that she has tailpipes, petroleum, linoleum? And then is it possible for me to get the prior environmentals on the issue? 'Cause I can almost swear when we was looking at that brown fields chart that this neighborhood and this metal recycling company had some issues. So I just want to know, through the Chair and to the County Attorney, is that mandatory, is that available, and is that being considered? Because it's easy to say you don't have neighbors, but when traffic comes back and forth, noise starts and pollution. That is one crime to have -- you know, you have a right to know under State of Florida EPA (Environmental Protection Agency) and the Federal EPA, and we need to know, andl think that's mandatory in these packages. So is that accessible now? Mr. Lowe: Well, I'd be happy to respond to some of that. I think that this is probably the most appropriate place for this kind of establishment, given the fact that it's located between a concrete batching facility, a metal recycling plant, and a -- Ms. Holmes: Excuse me. Mr. Lowe: -- city cemetery. Ms. Holmes: Excuse me. Commissioner Suarez: Whoa, whoa, whoa, whoa. Ms. Holmes: I asked through the Chair. Mr. Commissioner, I did not ask this gentleman. I asked you through the Attorney -- Commissioner Suarez: Guys? Ms. Holmes: -- all right? Okay. Commissioner Suarez: Ms. Holmes. Ms. Holmes: I understand. I was just -- before it got to be another sales pitch. Commissioner Suarez: Whoa, whoa, whoa, whoa. Listen, it's been a long day. Ms. Holmes: Yeah. City ofMiami Page 119 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Everybody -- no -- Ms. Holmes: I got to go home to my kids. Commissioner Suarez: Listen, it's been a long day. No one has been respecting the Chair today, and the Chair has had to battle all day long to try to keep control of this meeting that has been out of control. Ms. Holmes: I thinkl asked you a question, Commissioner, andl hear you fussing at me, butl asked you a question. I didn't ask him. And that's all I'm saying. Can I get a answer to my question from you? Commissioner Suarez: But you need to -- Ms. Holmes: Or through the Chair. Commissioner Suarez: -- wait until I finish. Ms. Holmes: Okay, that's all I was asking. You don't have to holler at me. Commissioner Suarez: Mr. Fernandez, she has 24 -- you have 24 more seconds on your -- the balance of your time. Ms. Holmes: No, I yield for an answer thatl asked. I just want -- Commissioner Suarez: Okay. Ms. Holmes: -- the answer as the public. Commissioner Suarez: I'm not the appropriate person to ask that question, but maybe someone from the Administration can answer your question. Ms. Holmes: That's why I said "through the Chair." Commissioner Suarez: Yes. Is there anyone from the Administration that can answer her question? Go ahead, Mr. Garcia, give it a shot. Ms. Holmes: In regards to environment, environmental requirements and impact. Mr. Garcia: I understood the question, thank you. Ms. Holmes: Thank you, sir. Commissioner Suarez: Please. Mr. Garcia: The parcel in question is zoned industrial. That happens to be, from the zoning perspective, the most liberal zoning designation there is in the City ofMiami. The area, given that it is zoned industrial, all of it is, surrounding this property, is replete with the sorts of very noxious uses that you might expect; the applicant has named some. As pertains to environmental studies, none are needed. Should there be any technical requirements pursuant to the Building Code, those will be addressed through the Building permit. What we can do and will do through the certificate of use process is certainly ensure that any noise impact that they may have concerns with are addressed. There are ordinances in place that govern noise impact, and they have to abide by that, and they are fully aware of it and will be held responsible for that. City ofMiami Page 120 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Thank you, Mr. Garcia. Ivan Baumeije. No? Okay. Enid Pinkney. Enid, are you going to speak on this? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: Okay, Alexander Marc -- Ms. Steward: She's coming. Commissioner Suarez: Alexander, you're on deck if you're going to speak. Okay, thank you. Enid Pinkney: You know, my concern is --I was born in Overtown, 1827 Northwest 5th Court, andl am concerned about what comes into the Overtown area as it affects the residents of the area. And know that Ms. Stewart has been around in the community with the petitions 'cause I was -- and she showed me -- because I took her to a meeting yesterday -- was that yesterday? -- whatever day it was -- and she showed me the place where this is going to take place. The only thing thatl want to say is that I'm in support of her efforts to try to keep the community a place to live, that you would want to live and all of us would want to live, and so I'm in support of what Ms. Cecilia Stewart is doing. As I drive around with her, getting the petition signed and the people in the community, helping them to understand what's going on. I'm in support of what she's doing in keeping the community favorable to where they want to live. Commissioner Suarez: Thank you, Ms. Pinkney. The public hearing -- Ms. Stewart: May I say one more thing? Commissioner Suarez: You have the balance of her time, which was 39 seconds. Go ahead. Ms. Stewart: Yes. They're going to have 1,200 customers projected to be in that place. That's a lot of people trampling in my area. That's a lot of people trampling with drunkedness [sic], solicit [sic] sexual and drugs and whatever, the homeless included in that. That's a lot of people, andl want you to please consider that. Please consider my peace. Please consider the quality of life, that's it. Andl implore you to think about that for the benefit of mankind. Commissioner Suarez: Thank you, ma'am. Ms. Stewart: Thank you. Commissioner Suarez: Thank you. One more speaker, last speaker. What's the name, Mr. Clerk? What's the name, I'm sorry? Maddie Cartajena. Maddie Cartajena: Hello, everyone. I own House Nightclub. My name is Maddie Cartajena, andl have to say thatl understand the ladies' concerns and the neighborhood concerns. I come from 46th Street, between loth and 1l th Avenue, in Manhattan, which was not a very well-to-do area; very poor; we had gangs; we had shootings; we had suicides, and that's what I grew up in. I am proud to say that I go back now, andl can see the development that happened in that area and it started with the neighborhood, with the people. That's why I respect you and your words, andl understand your concern. And we started that in New York City, which is something thatl am proud of now with House, because we're not here to bring something bad to an area. We believe that this area needs something amazing and beautiful. I would invite the ladies personally to come and see House, and they can see for themselves what House is about. So I am proud to say that I am from New York City, from Hell's Kitchen, which was an area that was a very poor and bad area. I came from that, andl believe in areas, andl believe in House, andl believe in this area. I appreciate your time. City ofMiami Page 121 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: Thank you. Chair Sarnoff Mr. Chair. Commissioner Suarez: Yes, you're recognized, Commissioner. Chair Sarnoff First and foremost, I don't take lightly 5 o'clock closures. And if you know anything about me, it's a very concerned decision for me. I took the opportunity to meet Victor de Yurre out there, and we candidly walked the neighborhood. If there is a place for late -night closure, it is this place. If there is an extraordinary nightclub, this is an extraordinary nightclub. My only consternation -- and I'll have it no matter where it -- what it looks like, where it is, how it reacts -- is the way we operate in Miami with very late -night closures, so it's 5 o'clock. At 4: 59 you could literally get a pitcher of beer to a quart of grain alcohol, and you would drink that till -- I hope it would take you about an hour to consume that, but that puts you on the road at 6 o'clock in the morning, 6:15, 6: 30, and to me, that's when the early bird catches the worm, and that's when the people that are trying to make a good living are crossing paths with those that are ending their evening. So I'm always going to have this concern. I just believe -- "A," I believe this is the right spot for this use; "B, " I am more than glad to extend your hours so that you have a hard close at 5 o'clock, but you have a last call at 4 so people can sober up for that one hour. It's just -- you know, other Commissioners may have other views, and other Commissioners may have other feelings. I really don't believe this place will interfere with the neighborhood. I think it, arguably, could enhance the neighborhood. It's a very edgy, cool neighborhood. So -- and where is Ms. Stewart? There she is. There you go. You were -- by the way, you have been one of the most pleasant people I have ever met in District 2 to deal with. You come prepared, you come understanding what your request is, and not only that, you have follow-through. Andl thinkl tried to hire you, but you weren't available. So I'll stand by my motion, Mr. Chair. Commissioner Suarez: Thank you, Commissioner. I want to say a few things as well. I think -- can you remove that, please, that thing, so I can speak directly to --? Can you remove that, please? The cardboard -- Mr. Lowe: Yeah. Commissioner Suarez: -- can you remove it? Thank you. I agree with the Chair. You are a very classy woman, and, you know, obviously, you feel that this is going to impact your quality of life, and that's always very compelling. I don't think there's ever a time when a neighbor or a resident comes before us, you know, with that concern where we're not moved by that, you know, and -- you know, and there have been instances in my district where -- actually, there are clubs that are much closer even in proximity, physical proximity to residents, and that does -- it does create a tension. I also -- and this is where my -- maybe it's 'cause I'm the youngest person here by quite a bit. This is where my youth, growing up in Miami -- I've always envisioned Miami and always see Miami as a very cutting edge, great metropolis city. And what lsee happening in the City is exactly what the gentleman was saying, which is that people are leaving Miami Beach, and they're coming to the City ofMiami to live, to work and to play, and we're seeing that -- we're very blessed to have in the audience today, you know, the visionary, Craig Robbins, who has a great project in the Design District, and there's just a lot of beautiful and amazing things that are happening in the City, thanks to people who have great vision and also have the intestinal fortitude to invest in the City and deal with the issues that come along with that and the difficulties that come along with that. I personally have no issue with the 5 o'clock, with it being 5 o'clock or 24 hours, for that matter. I just -- that's just my personal feel of it, but it's hard -- you know, you have a district Commissioner. He's very passionate, very consistently passionate on that issue. It is his district, and you do have, you know, residents, so it's hard for me, I'll be honest with you. I don't know where Commissioner Spence -Jones lines up on this issue. It's a City ofMiami Page 122 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 tough one for me because, philosophically, I'm on one end, you know, and also, you know, I want to respect the district Commissioner, and want to respect the residents who could -- and I'm not saying you will, 'cause sometimes you think you're going to be affected by something, and it doesn't turn out that way, 'cause it's kind of a fear of the unknown. You're not sure, and you're scared of the possibility of being -- and understand; that's a real, real fear, you know, so I don't know. I don't know. Where do you stand on this? What's your feeling on it? Commissioner Spence -Jones: I mean, I know that Marc has been working, from what I'm understanding, very hard on this situation -- Commissioner Suarez: Yeah. Commissioner Spence -Jones: -- correct; going back and forth with them on this? And I'm assuming that Cecilia is saying that she is comfortable with what the district -- 'cause actually, she's in -- she's actually in Marc's district, so at least during that time you were, right? So you've been working on this. I don't want to like not -- Chair Sarnoff I've worked with her on other issues. Commissioner Spence -Jones: Okay. Chair Sarnoff Yeah, we actually -- right. Commissioner Spence -Jones: Not this. Oh, okay. Commissioner Suarez: Yeah. Commissioner Spence -Jones: Okay, so -- Chair Sarnoff No, I worked with her on other issues. Commissioner Spence -Jones: Okay. So, I mean, is this -- is she saying that she's okay with this? Chair Sarnoff You okay with my motion? Hard close, 5 o'clock; 4 o'clock, stop drinking. Commissioner Spence -Jones: I thought she said 'Yeah." Commissioner Suarez: Yes, please. Can you please step up to the microphone? Thank you. No. Ms. Stewart: Okay. Chair Sarnoff What we're going to do is a 4 o'clock last call; 5 o'clock, hard close. Ms. Stewart: Yes. And, please, could you just make sure I clearly understand what that means? Explain that to me. Chair Sarnoff Sure. At 4 o'clock is the last drink is served. Ms. Stewart: Okay. Chair Sarnoff And then they can spend that time for the next hour, theoretically, drinking and/or sobering up, hopefully. And then 5 o'clock, they actually flash the lights on and they say to everybody, "Okay, we're closed" Ms. Stewart: And they have to leave the premises. City ofMiami Page 123 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Correct. Ms. Stewart: Now, what they do after that, like loitering in our area -- Commissioner Suarez: That's a whole different -- Ms. Stewart: See, that's what I'm talking about. Commissioner Suarez: That's what I'm saying, this doesn't -- Ms. Stewart: That's what I'm talking about, and then that is compounded on the prostitution, because we have young prostitutes in our area; we have the homeless; we have the druggies that are doing their drugs behind my home, okay. Chair Sarnoff Can I say something? Having seen what's gone on in that area, watching the fight club, looking at the motorcycle place, I actually think they're pushing that element out. Commissioner Suarez: Absolutely. Chair Sarnoff And when I spoke to the people that are building -- the rent -- the leasehold interest, they actually had people living on the roof so what was living on the roof of that facility is no longer on that facility. I think if you take a little bit of faith -- and Commissioner Spence -Jones could explain faith better than I ever could. Ms. Stewart: No, I know about faith. Chair Sarnoff Well, somebody could explain it to -- Ms. Stewart: I can explain that to you. Chair Sarnoff Probably could. Ms. Stewart: All right. Chair Sarnoff But a little bit of -- Commissioner Suarez: I believe you, I believe you. Chair Sarnoff -- faith andl think you'll find this to be a pretty good compromise, 'cause I think you're going to benefit from this to some degree. That little shopping center -- and that's not the right description of it. It's almost like an entertainment center, because, candidly, when Victor de Yurre walked around there, it was like an adult Disney World. If you're a motorcyclist, they have the greatest motorcycles. If you're a car person, they have great cars there. And now there's a fight club right around the corner, and right next to it will be -- you know, it is an incredible -- he's right. The way he describes this place -- just so you understand -- you walk in the door and there are these -- I call them "bowls." I don't know what the right word for them is. You touch it and you connect to your Facebook. Commissioner Suarez: That's cool. Chair Sarnoff Now -- what? Commissioner Suarez: That's cool. Chair Sarnoff Right. And from there, the experience gets even better. City ofMiami Page 124 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Ms. Stewart: Okay. Chair Sarnoff So it is an extraordinary place. I don't think I'll find you in there, Cecilia. Ms. Stewart: No, you will not. Chair Sarnoff I don't think you'll find me in there, or my wife will break certain bones in my body. Ms. Stewart: Yes. Chair Sarnoff Butl think it's an extraordinary place, andl think it will enhance the area. Have a little bit of faith. Commissioner Suarez: Andl think what we want, just to not drive this on any further, in our community is we want people like this gentleman who has thought through the process of investing in the City ofMiami. I mean, it's a very thoughtful process. He understands the market. He's taking a risk, just like Mr. Robbins did; took a tremendous risk in the investment that he made in an area that was unproven, and he's the one that's the market -maker there. So, you know, it's -- these are the kinds of businessmen that we want in the City. Ms. Stewart: Please, one last word. Mr. Fernandez: Mr. Chair, if I may -- I'm sorry. Ms. Stewart: Okay. I went on the website that they show advertising their facility. This is what really gripped me, because you have the nudity; you have the innuendo, "Come and do anything that you want to do in here. You're gonna have showers. You can take showers. We want the -- anybody to do anything. This is your home, and when you go at home, you should feel welcome and do what you want to do. " To me, to me, it was so dark that it caused me to just kind of get weak when I saw it, because you got all these naked people. Commissioner Suarez: Okay, guys, all right. Ms. Stewart: Okay. Commissioner Suarez: All right, thank you. Ms. Stewart: That's what the clientele is. Commissioner Suarez: Okay. Ms. Stewart: That's my fear. Commissioner Suarez: Got it. Ms. Stewart: That's my concern. Commissioner Suarez: Got it. Ms. Stewart: Clientele. Commissioner Suarez: We got you, we got you. Okay, thank you, ma'am. City ofMiami Page 125 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Ms. Stewart: Thank you. Commissioner Suarez: Thank you. There's a motion on the floor. Mr. Fernandez: I'd like to make, Commissioner -- Commissioner Suarez: Let me -- first, let me close the public hearing on this. Mr. Fernandez, you're recognized for a -- how long you need to rebut? Mr. Fernandez: I just want to add a friendly request to the motion, which would be the ability to revisit the condition within a period of time. Commissioner Sarnoff, I believe that you've, in the past, considered motions like that; allow Mark to demonstrate what a good neighbor he will be, what a positive impact it will be for the community, and it will give the Commission an ability to revisit the business sometime from now and reassess the situation. Commissioner Suarez: Why don't you come back in September of '14. That gives you -- that'll give you the season; it'll give you some operation time; she'll have an -- Mr. Fernandez: Can we come --? Chair Sarnoff -- experience; and Cecilia can tell us whether it works or doesn't work. Alternatively, I can withdraw my motion; I can move this to January; meet with staff continue discussions; see if January works for my schedule; possibly continue it into March; see if that works with my schedule. So tell me what your druthers are. Ms. Stewart: Nikki, you better get over there. Mr. Lowe: Revisit it earlier. Mr. Fernandez: I think we'd accept the motion. Can we revisit it in six months rather than a year? Chair Sarnoff September of '14. Mr. Fernandez: Fine. Chair Sarnoff Good. Commissioner Suarez: There's a motion as amended. Is there a second? Commissioner Spence -Jones: Second. Commissioner Suarez: There's a second. All in favor, signin, it by saying "aye. Chair Sarnoff Aye. Commissioner Spence -Jones: Aye. Commissioner Suarez: No. Chair Sarnoff Hmm, I'm going to look at District 4 now. Commissioner Suarez: I had a feeling that was coming. Chair Sarnoff Danny, I want to know everything going on in 4. City ofMiami Page 126 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PZ.7 ORDINANCE Second Reading 13-00961ct 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 PER ACRE, 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 13-00961 ct 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): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 18, 2013 by a vote of 10-0. 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 Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo City ofMiami Page 127 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 13416 Chair Sarnoff All right, PZ.4. Ernie Martin: Thankyou. Commissioner Spence -Jones: Thankyou. PZ.4. Francisco Garcia (Director, Planning & Zoning): Commissioner, PZ.4 was actually continued earlier. Commissioner Spence -Jones: It's continued. Chair Sarnoff Oh, I apologize. PZ.7. Mr. Garcia: I'm sorry, it was not continued; it was actually approved earlier. My apologies. Chair Sarnoff It was what? Commissioner Spence -Jones: We approved -- Mr. Garcia: PZ.4 was approved, yes. Commissioner Spence -Jones: We didPZ.4 already. Chair Sarnoff We did? Commissioner Suarez: Yeah? Commissioner Spence -Jones: Yeah. Commissioner Suarez: I don't think so. Mr. Garcia: PZ.7 is the next item, I think, up for consideration. Commissioner Suarez: I think we did do PZ.4. Commissioner Spence -Jones: Wedid PZ.4. Commissioner Suarez: No, we never approvedPZ.4. Commissioner Spence -Jones: Yes, we did, 'cause we didn't do I and 2, and we went -- Commissioner Suarez: It was a plat. We did? Commissioner Spence -Jones: Yeah. Chair Sarnoff Okay. Commissioner Suarez: Guess I didn't -- wasn't here. All right. Chair Sarnoff PZ.7. Commissioner Spence -Jones: PZ.7. Commissioner Suarez: Sorry, Mr. Director. My apologies. City ofMiami Page 128 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Garcia: Thank you, sir. PZ.7 is a -- an ordinance before you on second reading. It is to amend the Miami Comprehensive Neighborhood Plan to increase the residential density of the Park West area from 300 units per acre to 500 units per acre. Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Spence -Jones; second by Commissioner Suarez. Commissioner Spence -Jones: Public hearing. Chair Sarnoff Anyone from the public wishing to be heard on PZ.7, please step up. Hearing none, seeing none, coming back to this Commission; Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.8 ORDINANCE 11-00144zt Second Reading 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 11-21-13 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. City ofMiami Page 129 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.8 was deferred to the November 21, 2013 Commission Meeting. PZ.9 ORDINANCE First Reading 13-00817Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-008171u CC 11-21-13 FR Fact Sheet.pdf 13-00817IuAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-008171u Application & Supporting Documents.pdf 13-008171u CC Legislation (Version 2).pdf 13-008171u ExhibitA.pdf LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3] APPLICANT(S): Otto C. Munoz, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-00817zc. PURPOSE: This will change the above property from "Single -Family Residential" to "Duplex Residential'. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.9 was deferred to the November 21, 2013 Commission Meeting. PZ.10 ORDINANCE First Reading 13-00817zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 130 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN ZONE TO "T3-O" SUB -URBAN ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00817zc CC 11-21-13 FR Fact Sheet.pdf 13-00817zcAnalysis, Maps & PZAB Reso.pdf 13-00817zcApplication & Supporting Documents.pdf 13-00817zc CC 11-21-13 Legislation (Version 2).pdf 13-00817zc ExhibitA.pdf LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3] APPLICANT(S): Otto C. Munoz, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-008171u. PURPOSE: This will change the above property from "T3-R" to "T3-O". Item does not include a covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.10 was deferred to the November 21, 2013 Commission Meeting. PZ.11 ORDINANCE First Reading 13-008651u 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 131 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 13-008651u CC 11-21-13 FR Fact Sheet.pdf 13-00865Iu Analysis & Color Maps.pdf 13-008651u PZAB Reso.pdf 13-008651u FR/SR Application & Supporting Docs.pdf 13-008651u CC Legislation (Version 3).pdf 13-008651u Exhibit A.pdf LOCATION: Approximately 180 NE 50th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 16, 2013. See companion File ID 13-00865zc. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial'. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.11 was deferred to the November 21, 2013 Commission Meeting. PZ.12 ORDINANCE First Reading 13-00865zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00865zc CC 11-21-13 FR Fact Sheet.pdf 13-00865zcAnalysis & Color Maps.pdf 13-00865zc PZAB Reso.pdf 13-00865zc FR/SR Application & Supporting Docs.pdf 13-00865zc CC Legislation (Version 3).pdf 13-00865zc Exhi bit A. pdf LOCATION: Approximately 180 NE 50th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): City ofMiami Page 132 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 16, 2013. See companion File ID 13-008651u. PURPOSE: This will change the above property from "T4-R" to "T4-L". Item includes a covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.12 was deferred to the November 21, 2013 Commission Meeting. PZ.13 ORDINANCE First Reading 13-008661u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-008661u CC 11-21-13 FR Fact Sheet.pdf 13-00866IuAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00866Iu Application & Supporting Documents.pdf 13-008661u CC Legislation (Version 2).pdf 13-008661u Exhibit A.pdf LOCATION: Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 18, 2013 by a vote of 7-3. See companion File ID 13-00866zc. PURPOSE: This will change the above property from "Single -Family Residential" to "Low Density Restricted Commercial'. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 133 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.13 was deferred to the November 21, 2013 Commission Meeting. PZ.14 ORDINANCE First Reading 13-00866zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FORA PORTION OF THE PROPERTY FROM "T3-R" SUB -URBAN ZONE - RESTRICTED TO "T4-O" GENERAL URBAN ZONE - OPEN, LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00866zc CC 11-21-13 FR Fact Sheet.pdf 13-00866zc Analysis, Maps, PZAB Reso.pdf 13-00866zc Application & Supporting Documents.pdf 13-00866zc CC Legislation (Version 2).pdf 13-00866zc Exhi bit A. pdf LOCATION: Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 18, 2013 by a vote of 7-3. See companion File ID 13-008661u. PURPOSE: This will change the zoning of a portion of the above property from "T3-R" to "T4-O". Item includes a covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.14 was deferred to the November 21, 2013 Commission Meeting. PZ.15 ORDINANCE First Reading 13-00839zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FORA PORTION OF THE PROPERTY FROM "T4-R" GENERAL URBAN ZONE - RESTRICTED TO "T5-O" URBAN CENTER ZONE - OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2750 SOUTHWEST 22ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A City ofMiami Page 134 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00839zc CC 11-21-13 SR Fact Sheet.pdf 13-00839zcAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00839zc Application & Supporting Documents.pdf 13-00839zc CC Legislation (Version 2).pdf 13-00839zc Exhi bit A. pdf LOCATION: Approximately 2750 SW 22nd Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Spencer Crowley, Esquire, on behalf of GL Coral Way 26, LLC and Brickell 13 Chase, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 23, 2013 by a vote of 8-0. PURPOSE: This will change the zoning of a portion of the above property from "T4-R" to "T5-O". Item does not include a covenant. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Chair Sarnoff All right, PZ.15. Francisco Garcia (Director, Planning & Zoning): PZ.15 is the next item, yes, sir. PZ.15 is an ordinance before you on first reading. This is for the rezoning of a property at approximately 2750 Southwest 22nd Street. The proposed rezoning is from T4-R to T5-O. The land use designation already is correctly apportioned. This is recommended to you for approval by the Planning & Zoning Department -- Commissioner Suarez: (UNINTELLIGIBLE), if you want. Mr. Garcia: -- and was recommended for approval by the Planning -- Commissioner Suarez: (UNINTELLIGIBLE). Mr. Garcia: -- Zoning & Appeals Board by a vote of 8 to 0. Chair Sarnoff (UNINTET,TIGIBT,F) a residential neighborhood. Commissioner Suarez: Go for it. Chair Sarnoff I'm getting slammed by -- Commissioner Suarez: Go for it. I move it. Go ahead, you can have your "touche " moment; it's okay. Chair Sarnoff No, I don't -- Commissioner Suarez: I won't take it personal. City ofMiami Page 135 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff --need it. Commissioner Spence -Jones: Second. Commissioner Suarez: We might as well get it out in this Commission meeting. Commissioner Spence -Jones: Second. Chair Sarnoff I'm not a tit -for -tatter. Commissioner Suarez: You want to hold it in the back pocket, don't you? Chair Sarnoff Exactly. Commissioner Suarez: All right. Chair Sarnoff All right, we have a motion by Commissioner Suarez; second by Commissioner Spence -Jones. It's a public hearing on PZ.15. Anyone wishing to be heard, please speak up. Oh, you just changed my mind. No. Steve Wernick: I'll be brief. Steve Wernick, offices at 1 Southeast 3rdAvenue, here on behalf of the applicant. As Director Garcia mentioned, this is compatible with the existing future land use designation. It's really just to correct a dual zoning classification that we have right now and make it uniform. I'm here to answer any questions you may have. Chair Sarnoff (UNINTELLIGIBLE) district Commissioner imposing this large building next to this small -- Commissioner Suarez: No. Actually -- Chair Sarnoff (UNINTELLIGIBLE) community. Commissioner Suarez: -- as a matter of fact, that area which is -- which we -- it was a -- we approved a mapping change for that area, which is Coral Way. We actually down -zoned it from T6-8 to T5, and this was kind of -- I don't want to say an error, but almost an erroneous circumstance. Andl know the area; it's very much a commercial area, actually, so, you know, there's -- I have -- you know, I'm perfectly in favor of it, but you're more than welcome to vote against it and get it out of your system -- Chair Sarnoff No, I'd like to -- Commissioner Suarez: -- if you'd like. Chair Sarnoff -- do the "pocket hold." Anyone else from the general public wishing to be heard on PZ.15, please step up. Hearing no one, seeing no one, coming back to this Commission; Madam City Attorney, it is what we all know as an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.15. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.16 ORDINANCE First Reading City ofMiami Page 136 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 12-01180zc5 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE TRANSECT ZONE - 24 - OPEN TO "T6-36B-O" URBAN CORE TRANSECT ZONE - 36B - OPEN IN THE AREA GENERALLY BOUNDED BY NORTHEAST 20TH TERRACE TO THE NORTH, NORTHEAST 2ND AVENUE TO THE WEST, NORTHEAST 17TH TERRACE TO THE SOUTH, AND NORTHEAST 4TH AVENUE TO THE EAST, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.6.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.6.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA REZONING PURSUANT TO SECTION 7.1.2.8.G.5, FURTHER DIRECTING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOTAPPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP (FLUM); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zc5 CC 11-21-13 SR Fact Sheet.pdf 12-01180zc5Analysis, Maps, 3-D Photo & PZAB Reso.pdf 12-01180zc5 CC Legislation (Version 3).pdf 12-01180zc5 ExhibitA.pdf LOCATION: Approximately the Area Generally Bounded by NE 20th Terrace to the North, NE 2nd Avenue to the West, NE 17th Terrace to the South, and NE 4th Avenue to the East [Commissioner Marc David Sarnoff - District 2] 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 September 18, 2013 by a vote of 10-0. PURPOSE: This will change the area described above from "T6-24-0" to "T6-36B-O". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Chair Sarnoff All right, PZ.16. City ofMiami Page 137 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Francisco Garcia (Director, Planning & Zoning): Item PZ. 16 is a City application. This is before you on first reading, and it is a proposed change to the Zoning atlas to change the zoning of an area bounded approximately by Northeast 20th Terrace to the north, Northeast 2ndAvenue to the west, Northeast 17th Terrace to the south, and Northeast 4th Avenue to the east from T6-24-0 to T6-36B-O. This is recommended to you for approval and by the Planning, Zoning and Appeals Board also for approval by a vote of 10-0. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones, with a wink and a nod. Anyone from the public wishing to be heard on PZ.16, PZ.16 -- Commissioner Suarez: Bless you for not -- Chair Sarnoff -- please step up. Commissioner Suarez: -- stepping up. Chair Sarnoff Having seen the rush, the flood line up, please. Coming back -- the public hearing is now closed; coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.16. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.17 ORDINANCE 13-01089zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO MODIFY SECTION 5.6.2 IN ORDER TO ADJUST BUILDING CONFIGURATION REQUIREMENTS FOR ROOFTOP ENCLOSURES AND EQUIPMENT FOR T6-12 TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01089zt CC 11-21-13 SR Fact Sheet.pdf 13-01089zt PZAB Reso.pdf 13-01089zt CC Legislation (Version 2).pdf APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommends approval. City ofMiami Page 138 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a modification* to City Commission on September 23, 2013 by a vote of 8-0. *See supporting documentation. PURPOSE: This amendment addresses the need to provide additional height for housing stairs, elevator, mechanical equipment extensions and ornamental features in T6-12 to give the same flexibility as higher -intensity Transect Zones. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Chair Sarnoff All right, PZ.17. Francisco Garcia (Director, Planning & Zoning): Item PZ.17 is the last remaining PZ (Planning & Zoning) item on your agenda today. This is a text amendment to the City zoning ordinance, Miami 21. It is before you on first reading. This item will essentially eliminate the restriction on the height of housings for stairs, elevators, and mechanical equipment in the T6-12 zoning designation. This will allow for rooftops to actually become habitable and provide access as needed by code. Commissioner Suarez: Move it Chair Sarnoff We have a motion and a second by Commissioner Spence -Jones. Commissioner Spence -Jones: (UNINTELLIGIBLE). Commissioner Suarez: All right, this is what you call a glitch. This is a glitch bill. Mr. Garcia: It very much is, yes. We seek to correct the -- Commissioner Suarez: A glitch. Mr. Garcia: -- ordinance. Chair Sarnoff All right, public hearing; anybody wishing to be heard on PZ.17, please step up. Seeing the onslaught and the rush, please line up. Renita Holmes: You want me to back that thang [sic] up and come again? Chair Sarnoff Wait, wait, wait, why would you need to talk about rooftop accessory changes? Ms. Holmes: You asked, so am I going to need two minutes to answer your question? Chair Sarnoff No. Go ahead. Ms. Holmes: I'll tell you why. Because this is an issue that came up in Miami -Dade County, and being a person that actually reads the agenda item, we start talking about rooftop living, we talk about animals occupying, and these are all issues that were raised to my consciousness by those over at the County who had another rule about that, so my question is -- this is the first reading -- Will the public be heard on that again? Because when people live on rooftop, things happen in regards to safety, things happen in regards to animals; andl know, with foresight, maybe you don't like problems until they happen, but, you know --I mean, I don't want you to think I'm yelling, but anyway, that was my consideration so -- City ofMiami Page 139 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: No, you have to -- they need to get it, you on record. You got to use the microphone. Ms. Holmes: I don't know, because people are saying I'm yelling, and you guys are yelling, and so I just want to make sure that don't stoop to that level. Chair Sarnoff Let the record reflect -- Ms. Holmes: But I just want to accommodate you. Chair Sarnoff -- we never yell at you. You done? Ms. Holmes: No. We going to talk about this afterwards, and then we could just whisper in each other's ears. But listen, my situation here is that rooftop -- can you just get me an answer? Let's be -- I just want to really be intelligent as I am allowed to be, okay? The question is: On rooftop, does this -- will this allow for anyone who uses this use [sic] top to have animals on the use [sic] top, or would that become another issue, you know, in the community? Because rooftops are a safety issue, and what they do with animals on rooftop in the adjoining area, as far as the County is concerned, is already a matter of record. Commissioner Suarez: Mr. Chair. Ms. Holmes: So I was just asking how much insight. Is there anything else that we can visit about ensuring the covenant's about having animals contained on it, and what else can be done, or how much living space is allowed, as opposed to how much storage space is allowed? Are those issues addressed, Mr. Planning & Zoning? Chair Sarnoff Francisco Garcia, do you -- Ms. Holmes: Mr. Garcia. Chair Sarnoff Let -- go through the Chair. Commissioner Suarez: Let me -- Ms. Holmes: Through the Chair. Throw the chair. I mean, through the Chair. Commissioner Suarez: It's a hard question for him to answer because this item has nothing to do with that specific question. Ms. Holmes: Well, you know -- Chair Sarnoff All right. Ms. Holmes: Excuse me. IfI may, Mr. Chair. I don't want to go through the -- Chair Sarnoff We're going to ask the question. Mr. Garcia, do you understand the question? Mr. Garcia: I do, sir. Chair Sarnoff Then answer the question. Mr. Garcia: Happy to, sir. To clarify, the decision as to whether animals will be allowed on rooftops -- City ofMiami Page 140 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Ms. Holmes: Yes, mm-hmm. Mr. Garcia: -- will be made on a building -by -building basis by the building property owners or by the condominium associations -- Ms. Holmes: Okay. Mr. Garcia: -- or by the commercial owners. That is not addressed by this ordinance, nor would it be by any zoning ordinance that I'm aware of. What this does do, and just to clam the intent of the item, is to allow for access to handicapped people who may need to use an elevator and presently cannot to a rooftop that is improved in accordance with the zoning ordinance. What we are trying to do is to green the rooftops in the City ofMiami. We are requiring that that happen, but by not providing access to human beings, we are negating the use of those rooftops. This will make it easier to basically populate those rooftops. Ms. Holmes: Okay, that was pretty good. Chair Sarnoff Well, he is good. Ms. Holmes: All right. Chair Sarnoff Any other questions? Ms. Holmes: No, not right now. Chair Sarnoff Thank you. Ms. Holmes: I'll just let that be that. Chair Sarnoff Appreciate it. Ms. Holmes: Well (UNINTELLIGIBLE) -- are there ever any environmental issues that are addressed? You don't see me that often, so I need to -- are there ever any environmental issues addressed formally before people actually allow changes and variances in ordinances? Is that information required; any analysis, environmental or a impact? Chair Sarnoff I'll tell you why we're not going to answer that. That is not the subject of T6 -- of PZ.17. Ms. Holmes: Well, it -- are there any required in this item? Chair Sarnoff No, I understand. We're not going to address it 'cause it's not the subject of this item. Ms. Holmes: Andl know, y'all so hungry right now, you just continuously rude to me when it comes to me asking intelligent questions, but love you anyway. Let me whisper something in your ear when you get on the other side, okay? Chair Sarnoff No (UNINTELLIGIBLE). Ms. Holmes: Andl will have my belt off again, Suarez. Commissioner Suarez: What happened? City ofMiami Page 141 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff All right, all right, all right. Thank you. Anyone else wishing to be heard on this very important subject, PZ.16 -- PZ.17, rooftop accessory change? Seeing the flood and the onslaught -- you guys want to speak on this? Unidentified Speaker: No. Chair Sarnoff No, okay, all right. Then the public hearing is now closed. Madam City Attorney, this is the fastest reading ordinance you're going to read. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Before I begin the roll call, for the record, I have Commissioner Suarez as the mover and Commissioner Spence -Jones as the second. Roll call on PZ.17. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.18 ORDINANCE 13-00695Iu TO BE DEFERRED BY THE ADMINISTRATION TO A DATE CERTAIN. First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2001, 2021 AND 2121 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-006951u CC 10-24-13 FR Fact Sheet.pdf 13-006951u Color Maps.pdf 13-00695lu Application & Supporting Documents.pdf 13-006951u CC Legislation (Version 2).pdf 13-006951u Exhibit A.pdf LOCATION: Approximately 2001, 2021, and 2121 SW 37th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Tony Recio, Esquire, on behalf of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends deferral. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 15, 2014. See companion File ID 13-00695zc. City ofMiami Page 142 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 PURPOSE: This will change the above properties from "Single -Family Residential" to "Low Density Restricted Commercial'. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.18 was deferred to the January 23, 2014 Commission Meeting. PZ.19 ORDINANCE First Reading 13-00695zc TO BE DEFERRED BY THE ADMINISTRATION TO A DATE CERTAIN. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN ZONE - RESTRICTED WITH AN "NCD-1" CORAL GATE NEIGHBORHOOD CONSERVATION DISTRICT TO "T4-O" URBAN GENERAL - OPEN WITH AN "NCD-1", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2001, 2021 AND 2121 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00695zc CC 10-24-13 FR Fact Sheet.pdf 13-00695zc Color Maps.pdf 13-00695zc Application & Supporting Documents.pdf 13-00695zc CC Legislation (Version 2).pdf 13-00695zc Exhi bit A. pdf LOCATION: Approximately 2001, 2021, and 2121 SW 37th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Tony Recio, Esquire, on behalf of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends deferral. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 15, 2014. See companion File ID 13-006951u. PURPOSE: This will change the above properties from "T3-R" with an "NCD-1" to "T4-O" with an "NCD-1". Item does not include a covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.19 was deferred to theJanuary 23, 2014 Commission Meeting. PZ.20 ORDINANCE First Reading City ofMiami Page 143 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 13-00864Iu TO BE DEFERRED BY THE ADMINISTRATION TO A DATE CERTAIN. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 19 NORTHWEST 41ST STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-008641u CC 10-24-13 FR Fact Sheet.pdf 13-00864Iu Analysis, Maps, Projects Mtg & Sch. Brd. Conc.pdf 13-00864lu Application & Supporting Documents.pdf 13-008641u CC Legislation (Version 2).pdf 13-008641u Exhibit A.pdf LOCATION: Approximately 19 NW 41st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Mario Garcia -Serra, Esquire, on behalf of Courtney Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 15, 2014. See companion File ID 13-00864zc. PURPOSE: This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.20 was deferred to theJanuary 23, 2014 Commission Meeting. PZ.21 ORDINANCE First Reading 13-00864zc TO BE DEFERRED BY THE ADMINISTRATION TO A DATE CERTAIN. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM City ofMiami Page 144 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 "T3-L" SUB -URBAN ZONE - LIMITED TO "T4-L" GENERAL URBAN ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 19 NORTHWEST 41ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00864zc CC 10-24-13 FR Fact Sheet.pdf 13-00864zcAnalysis, Maps & Projects Review Meeting.pdf 13-00864zc Application & Supporting Documents.pdf 13-00864zc CC Legislation (Version 2).pdf 13-00864zc Exhi bit A. pdf LOCATION: Approximately 19 NW 41st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Mario Garcia -Serra, Esquire, on behalf of Courtney Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 15, 2014. See companion File ID 13-008641u. PURPOSE: This will change the above property from "T3-L" to "T4-L". Item does not include a covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.21 was deferred to theJanuary 23, 2014 Commission Meeting. PZ.22 ORDINANCE First Reading 13-008671u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2700 NORTHWEST 2ND AVENUE AND 235 NORTHWEST 27TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL AND LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 145 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 13-008671u CC 11-21-13 FR Fact Sheet.pdf 13-008671u Analysis.pdf 13-008671u Color Maps & School Board Concurrency.pdf 13-008671u PZAB Reso.pdf 13-00867Iu Application & Supporting Documents.pdf 13-008671u CC Legislation (Version 3).pdf 13-008671u Exhibit A.pdf LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends deferral. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on November 6, 2013. See companion File ID 13-00867zc. PURPOSE: This will change the above properties from "Medium Density Restricted Commercial and Light Industrial" to "General Commercial'. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.22 was deferred to the November 21, 2013 Commission Meeting. PZ.23 ORDINANCE First Reading 13-00867zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER ZONE - OPEN AND "D1" DISTRICT ZONE TO "T6-8-O" URBAN CORE ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2700 NORTHWEST 2ND AVENUE AND 235 NORTHWEST27TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00867zc CC 11-21-13 FR Fact Sheet.pdf 13-00867zcAnalysis, Maps & PZAB Reso.pdf 13-00867zc Application & Supporting Docs.pdf 13-00867zc CC Legislation (Version 3).pdf 13-00867zc Exhi bit A. pdf LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends deferral. City ofMiami Page 146 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 D3.1 13-00723 D3.2 13-00753 PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on November 6, 2013. See companion File ID 13-008671u. PURPOSE: This will change the above properties from "T5-O" and "D1" to "T6-8-O". Item does not include a covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Note for the Record: Item PZ.23 was deferred to the November 21, 2013 Commission Meeting. 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 END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM FOLLOW UP ON RECRUITING. 13-00723 Email - Recruiting.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf City ofMiami Page 147 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 D3.3 13-01107 D3.4 13-01203 D3.5 13-01204 NA.1 13-01284 NO ACTION TAKEN DISCUSSION ITEM 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 DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING ILLEGAL BILLBOARD. 13-01203 E-Mail - Illegal Billboard.pdf NO ACTION TAKEN DISCUSSION ITEM FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS. 13-01204 E-Mail -Audited Financial Statements.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM CHAIR SARNOFF RECOGNIZED MIAMI-DADE COUNTY COMMISSIONER JOSE "PEPE" DIAZ IN THE COMMISSION CHAMBERS. DISCUSSED Chair Sarnoff All right. I'm going to recognize the Mayor for a pocket item. Before doing so, City ofMiami Page 148 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 NA.2 13-01255 City Manager's Office I'm going to give myself a point of privilege. I've shared this Commission dais, and) will say, for eight years with Commissioner Spence -Jones. Commissioner Spence -Jones: Don't make me cry. I have to last the whole day. Can you do it at the end of the day, please? Hold it off until the end. Chair Sarnoff No. Commissioner Spence -Jones: Not now. Chair Sarnoff No. Commissioner Spence -Jones: I got to last throughout the whole day. Chair Sarnoff No. That's why it's a point of privilege. Commissioner Spence -Jones: You should -- Commissioner Suarez: Too bad. Commissioner Spence -Jones: -- be -- Commissioner Suarez: Too late. Commissioner Spence -Jones: -- able to give me something) want; one thing. Chair Sarnoff You want me to wait? Commissioner Spence -Jones: Please. Chair Sarnoff Okay. Commissioner Spence -Jones: I don't want to be sobbing -- Chair Sarnoff Mr. Mayor, you're recognized for the record. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes. Commissioner Carollo: Also, I'd like to recognize -- I think we have a County Commissioner here (UNINTELLIGIBLE). Chair Sarnoff Oh, I -- Commissioner Spence -Jones: Oh. Chair Sarnoff I'm sorry. My -- got to know -- understand something, Commissioner Diaz: My distant vision is not great, so when I look out into the audience, everybody kind of looks the same. Commissioner Diaz is recognized. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE City ofMiami Page 149 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FOLLOWING MUNICIPALITIES: CITY OF AVENTURA, CITY OF CORAL GABLES, TOWN OF GOLDEN BEACH, CITY OF HIALEAH, CITY OF HOMESTEAD, VILLAGE OF KEY BISCAYNE, CITY OF NORTH MIAMI BEACH, VILLAGE OF PINECREST, CITY OF SWEETWATER AND THE CITY OF WEST MIAMI, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES UNDER THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. 13-01255 Exhibit.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) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0420 Commissioner Suarez: His mike's not on. The Mayor's mike's not on. Commissioner Carollo: The Mayor -- Commissioner Suarez: The Mayor's mike's not on. Commissioner Spence -Jones: Mike's not on. His mike. Chair Sarnoff Oh, I apologize. Still not on. Mayor Tomas Regalado: Still -- Chair Sarnoff There you go. Mayor Regalado: Okay. Chair Sarnoff There you go. Mayor Regalado: Very good. Actually, Mr. Chairman, Commissioners, this is why I asked to be recognized, because Commissioner Diaz was here, and it is an item related to this pocket item. I'm presenting this pocket item on behalf of the City ofMiami Police Department. It's a resolution authorizing the City Manager to execute mutual aid agreements between the City of Miami and the following municipalities: the City ofAventura, City of Coral Gables, Town of Golden Beach, City of Hialeah, City of Homestead, Village of Key Biscayne, City of North Miami Beach, Village of Pine Crest, City of Sweet Water, and the City of West Miami to receive and extend mutual aid in the form of law enforcement services and resources to ensure public safety and respond to intensive situation, including but not limited to natural and manmade disaster or emergency. And what it -- what this does is that some of these agreements, especially one with Sweet Water, had already expire, and the Police was going to have this in the agenda on November 21, but since there is a veterans' parade on November 8, Friday, in downtown Miami and that is the item that County Commissioner Pepe Diaz will be speaking on to you. We need to expedite that, because some police agencies are sending volunteers to participate in this parade and cooperate with public safety in downtown Miami. So this pocket item is effective immediately. If you need any information, the Chief is here, but like I said, it was going to be on the November 21 agenda, but since there is a parade and since Sweet Water has offer to send City ofMiami Page 150 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 police officer, the Police Department requested that the Administration will present this to you in the form of a pocket item. Chair Sarnoff All right. Mr. Diaz, do you want to be heard -- wish to be heard? Apologize. Jose Pepe Diaz: Thankyou. Thankyou, Mr. Mayor. Andl apologize to Commissioners and Mr. Chair; I am not feeling the best in the world. I have a very bad migraine. For the first time I've had one of these things, so bear with me. This pocket item the Mayor's putting in is extremely important because this is -- this parade has been 40-some-odd years in the making. This is to welcome back our Vietnam veterans that have never ever gotten the welcome that they deserved. It also welcomes -- I mean, it also has an emphasis on saying "thank you" also to the Bay of Pigs veterans and all veterans in general. This is going to be a very, very intense and good parade thatl think that it's going to catch national attention. This parade, as the Mayor put down, is going to need a lot of support. For the first time in history, we have -- 34 municipalities have come together, along with the County, to make this a reality, andl think that says volumes for what this parade is all about and what we're going to be doing. As a veteran myself, this is extremely personal, and extremely grating at the same time that we're doing this for our Vietnam veterans. But we also need to do a resolution in support in the sense that we need the City -- the Police, the -- I believe it's the Solid Waste and the -- what was the other thing that --? Unidentified Speaker: Fire. Mr. Diaz: And Fire, thank you. Andl'm also accompanied here by Gus Cruz, my executive -- our executive director in the military board for Dade County, and Gloria Garces that works with me, that worked diligently in this for two and a half months in trying to make it a reality. Any support we could get -- andl know Frank andl had a discussion -- Commissioner Carollo andl had a discussion to try to find solutions on Bayfront Park too, because as this parade finishes and -- as a parade, it begins as a concert for all the veterans and the citizens. It's a free concert. The Army band is going to basically start it out and then Chirino is going to come and play along with Grand Funk Railroad. Thank God, I said that right. And it's one of the -- I think one of the composed, good events that we could have, so any support we could have, because, you know, Commissioner Carollo was very expressive that that institution is there to make money for the City and so on, but this is one that I think we need to look at and try to find solutions to try to help out, because Miami is pretty scarce, as we know. So everything that could be put on -- the County's already done their resolutions and they've done their in -kind. We passed them a couple of days ago. Andl think the cities have all pretty much done their in -kinds as we go along. I'm really looking forward to you guys all being there. Commissioner Spence -Jones, I'm not even going to start to because with a headache and looking at you, I'm going to get kind of weak, like you said, too. So -- Commissioner Spence -Jones: I'll be there. Mr. Diaz: I know you will. Commissioner Spence -Jones: (UNINTELLIGIBLE). Mr. Diaz: I know you will. Andl know how strong you are with the military and you always have been, all of you. So that's basically the support that we need. I'm sorry once again; I'm not my full speed, as they say. But we need your support to make sure we have that, because as we meet to -- I believe we have a meeting later today, combined meaning the City and the County, to go over all the details that we need to go over to -- for game day, which is, again, November 8. At noon the parade starts, andl believe the concert finishes at sundown. Andl know the time change is going to be probably now about 5: 30 or so when the sun comes down that the parade will finish. Andl'm open for questions, Commissioner. City ofMiami Page 151 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff So what we are being asked -- I'm going to ask Mr. Mayor for your pocket item. We're being asked to do a resolution? Mayor Regalado: Number one, Mr. Chairman and Commissioners, this pocket item is legislation that the Police needs to get approved today, if it's possible, because you have some mutual aid agreement with municipalities that will be sending police officers, andl think that the Chief can speak to that. This is a separate piece of legislation. What the County Commissioner is asking is it's either a reduction -- ask the Trust for a reduction of the rates in Bayfront Park or for the City to come up with the funds so some of the services can be done. I know that the Fire chief who was looking for some veterans in his department that would donate their time so whatever costs the Fire Department had will come down, andl know that the Chief has ideas. So it's -- and Solid Waste, so there is -- Chair Sarnoff Let's take it one at a time. Let's -- Mayor Regalado: Right. If you can vote on the -- Chair Sarnoff Right. Mayor Regalado: -- we get it out of the way and -- Chair Sarnoff Let's take -- does everybody have a copy of the Mayor's pocket item? Commissioner Carollo: I just got it, literally, a minute ago. Commissioner Suarez: I don't -- Commissioner Carollo: Andl understand that the intent of it, but literally, I got it a minute ago. And you actually had specifics -- specific -- but I'm just reading it right now. You have specific cities that we have this mutual aid with. Why wouldn't we have it with every city in the County? And mind you, I understand with regards to resources, and this is actually a good thing, but at the same time, I want to make sure that, you know, it's a fair dealing. And, Chief, if you could -- Commissioner Suarez: Yeah, of course. Chief Manuel Orosa: Chief Manuel Orosa, Miami Police Department. This is a renewal of the ones that are about to expire -- Commissioner Carollo: Okay. Chief Orosa: -- or have expired, so this is just a renewal. This is just one item. And then I think that the County Commissioner is asking for -- Commissioner Carollo: Some (UNINTELLIGIBLE). Chief Orosa: -- support of the City in the parade he's trying to get accomplished. Commissioner Carollo: Understood. Andl think we're taking one at a time, so dealing with the pocket item of the Mayor regarding a mutual aid, what you're saying is that there's other municipalities that are also part of this mutual aid. However, they're not before us because they have an existing contract or whatever. Chief Orosa: Correct. It hasn't expired. These are the ones that have or are about to expire. City ofMiami Page 152 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 NA.3 13-01285 Commissioner Carollo: Okay, and you just want to extend it. And the extension will be for how long, Chief? Chief Orosa: Usually a year. Commissioner Carollo: Okay. Chair Sarnoff All right. So is there a motion on the Mayor's pocket item? Commissioner Spence -Jones: So moved. Chair Sarnoff We have a motion by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Spence -Jones, second by Commissioner Suarez. Any further discussion. Hearing no further discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $8,000.00, AS STATED HEREIN, FOR IN -KIND SERVICES ASSOCIATED WITH THE GOLDEN VETERANS PARADE 50TH ANNIVERSARY COMMEMORATION BEING HELD ON NOVEMBER 8, 2013; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. 13-01285-Submittal-Golden Veterens Parade.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort R-13-0439 Chair Sarnoff The second issue I think we're taking up is -- somebody want to -- is it reduction in rates for Bayfront Park, which I guess the most we could do is a resolution? Jose "Pepe" Diaz: Chairman, I think, if we could do the -- let's do the -- first, it's Police, and let's take it Police, Fire, and Solid separate, because I think that's the thrust -- that's what the County did. Chair Sarnoff You want to do the expenditures first? Mr. Diaz: Right. I believe that -- we've been working very closely, and the Manager -- Daniel J. Alfonso (Acting City Manager): Mr. Chairman, ifI may? Chair Sarnoff Go ahead. Mr. Alfonso: We have -- currently, we've been working with the Commissioner's office to reduce City ofMiami Page 153 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 costs as much as possible, to do the work with volunteers as much as we can, but we're down to roughly about $7, 000 of cost that we'll have to incur. What would like for this Commission, since I cannot just absorb an in -kind cost without the authority of the Commission, for this Commission to say "Yes, we can do that, " and provide it as an in -kind service; or if the Commission would like to, from the event funds that you have available to each -- $1, 500 each, and if it's a full vote, we'll take it from there. Commissioner Suarez: That's fine with me. Commissioner Spence -Jones: Can I ask a question, though, on the --? Do we --? Is Bay -- Bayfront is already involved in this, supporting, right? Commissioner Carollo: Well -- and we'll discuss it. We'll take it one at a time. There's -- Commissioner Spence -Jones: Huh? No? Commissioner Carollo: -- two separate things he's asking for. One thing he's asking for the City ofMiami -- remember, City ofMiami does not subsidize Bayfront Park. They do not pay anything for Bayfront Park. Commissioner Spence -Jones: No, no, no. I just saw -- Commissioner Carollo: So -- Commissioner Spence -Jones: -- I thought (UNINTELLIGIBLE). Commissioner Carollo: -- he -- yeah. So what he's asking for is Solid Waste, Public Works, Police -- Commissioner Spence -Jones: Oh. Commissioner Carollo: -- Fire service for the City ofMiami, and then in addition to that, we'll discuss Bayfront Park, andl'll explain as much as I can, because, really, the executive director is the one who's been dealing with -- Commissioner Spence -Jones: Oh, okay. Commissioner Carollo: -- the costs and so forth, because -- I mean, in all fairness, we're a self-sustaining organization. It's one of those that everyone says, "Yes, yes, yes, we want government to operate more as a business," but when it comes down to it, it's not done. Well, we actually do it and -- So, I don't know the exact cost and so forth, but we could get into the details. But, actually, Tim Schmand is the one who's actually been working the numbers, and there's areas that we can obviously reduce the cost, but there are some, like personnel, that we have to pay. Commissioner Spence -Jones: Yeah. Commissioner Carollo: And it's -- you know, it's not -- where we have taken the position, so to speak, that some of these costs, we shouldn't bear, especially, it's a large amount. We're talking 30 -- and roughly; I don't know the exact numbers. And my colleagues know, for me not to know the exact numbers and not to crunch the numbers down to the penny is not normal. So I really have had the executive director deal with this issue, andl think the initial cost was about 35, $36,000, so it was a large amount, and we've been able to -- from -- and again, I'm paraphrasing what, you know, Mr. Schmand said -- some of the rent cost we could reduce and so forth, because, you know, we do believe in veterans. We want to support them. But then when you call City ofMiami Page 154 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 -- when you con -- when you're talking about attrition, tents, tables, chairs, depending, you know, what amount of chairs, those are fungible costs that could go up or down, but the bottom line is we're looking at about $25, 000 that, you know, Bayfront Park is going to have to bear and it's a actual cost. Not only that, I mean, this year we're not having the second Ultra, as far as I know, so this year we're getting a lot less revenues coming in. And as you all very well know, we're not only self-sustaining; we provided 500 -- roughly, $550, 000 to support the City of Miami for our additional exemption for the elderly. So this is something that we want, you know, be able to move forward in the future with, but at the same time, you know, we're receiving less revenues, so again, we -- we're running this as a business and we -- even though we want to be supportive and we'll reduce some of the amounts, you know, we're not here trying to make money, but at the same time, hey, we have costs that, you know, we need to see. If all these municipalities would each put in $1,000 or $1,500, I'm sure that, you know, we could have this $25, 000, which, by the way, the County Commissioner of that district, which has a representative in the Bayfront Park Management Trust, hasn't come to me for any waiver of fees. So I just want to put that for the record, and I'm willing to discuss. I mean, listen, some of my biggest supporters in Little Havana are veterans, and I'll give you their addresses; you could go by; you're going to see my sign right in front of their house. I mean, some of my biggest supporters are veterans, so we want to be supportive, and we support veterans. But at the same time, you know, we have to look at the numbers. Even these in -kind for the City ofMiami, what are we talking about as far as dollars? I don't think -- and listen, I don't want to be up here the bad guy, but the bottom line is, hey, we're talking dollars. You know, just a few weeks ago, we were all struggling here to see how we give, you know, raises to our police officers and our employees, you know, through the 3 percent one-time pay, so you know, we need to talk about, you know, these monies. And if all these municipalities are coming together, you know, I'm hoping that it's not just they're going to be in -kind; I mean, actually participate and give some financial help also. Commissioner Spence -Jones: Mr. Chairman, I just want to have one question 'cause I heard two different numbers. I heard $35, 000, which is, I'm assuming, because you're more involved in Bayfront Park; you kind of know what the real numbers are, but then I just heard it was only 7,000. Danny, is it 7,000? Mr. Diaz: There's two -- If can, Mr. Chairman? Commissioner Spence -Jones: Okay. Mr. Diaz: There's two different scenarios. One is what the Manager has just explained and will continue -- I guess explain it one more time. Mr. Alfonso: Correct. I'm sorry, Commissioner. There is, roughly, $5, 300 for the Fire Department and another 1,300, $1, 400 for Solid Waste. That's basically what we're down to at this point. Commissioner Spence -Jones: So less than 10 grand? Mr. Alfonso: No, less than 7,000 -- around $7, 000. Commissioner Spence -Jones: So could we just say not to -- 'cause I understand his -- listen, we know we got the numbers man on here, so he's going to make sure he drills down to make sure we're not -- we go into something and then have a issue later on. Can we just cap it at $8, 000? Mr. Alfonso: For the City services, sure. Commissioner Spence -Jones: Okay, is there -- 'cause you're saying City service. Is there something else? City ofMiami Page 155 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Alfonso: Well, he's talking about the Bayfront Park Trust. That's a different -- Mr. Diaz: Mr. Chair, ifI can? Commissioner Spence -Jones: But that's a different animal. Commissioner Carollo: Yes. Commissioner Spence -Jones: That's -- that has to come -- you got -- Pepe, you got to go to him next on that. Mr. Diaz: Right, so let's take care of this one first. Commissioner Spence -Jones: Yeah, let's take care of this one first, okay. Mr. Diaz: And then we'll deal with -- Commissioner Spence -Jones: So -- Mr. Diaz: -- and I'll answer him now. Commissioner Spence -Jones: -- can we just cap it at eight. Mr. Chairman, are you okay with that? We do have our discretionary funds. I don't have a problem with, you know, setting aside 2, 000 from mine, you know, to cap it out and -- I don't have a problem with that. I mean, listen, at the end of the day, these people have fought for this country. Two thousand dollars? I am not going to make that a big issue on my side. I think that -- quite frankly, I think that we need to do a lot more than we're doing. I like the idea that we are doing a parade and honoring them in a wonderful way, andl think that at the end of the day, you know, if it wasn't for many of these soldiers that fought for us, we wouldn't even have the freedom that we have now. So for us to, you know, go back and forth over the two grand, I mean, for me, I don't have a problem with it at all. So I don't know how my other fellow Commissioners have -- Commissioner Suarez: No, I feel the same way. Commissioner Spence -Jones: -- you know, I mean -- Commissioner Suarez: That's what the fund is for. Commissioner Spence -Jones: So -- Chair Sarnoff Okay. Commissioner Carollo: I don't have a problem with the two grand either. Commissioner Spence -Jones: Okay, that's fine. So we -- Commissioner Suarez: Yeah, I'm good. I'm good with the two grand. Commissioner Spence -Jones: -- capped it out. Chair Sarnoff Me, I just want to go to 1,500. Commissioner Suarez: Okay, whatever. City ofMiami Page 156 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Carollo: However, I do think that every County Commissioner should also put two grand. Commissioner Spence -Jones: No, I'm not disagreeing. I under -- they're coming for us to vote on this particular item today. Commissioner Suarez: It's a little more complicated. Commissioner Spence -Jones: And l just wanted to make sure that, you know, at least we've handled that part of the business for you so that could be done, but you still need to go in front of the Bayfront Trust to kind of -- and I'm sure that Commissioner Carollo will be a big supporter. Chair Sarnoff Let's take it one at a time. Right now the motion is for $2, 000 -- Commissioner Suarez: I'll move -- Chair Sarnoff The only reason I'm hesitant to vote for this -- Commissioner Suarez: -- it. Chair Sarnoff -- is because if they don't come to an agreement with you, why are we giving up our funds --? Commissioner Spence -Jones: But just in -- contingent -- Mr. Diaz: Mr. Chairman, ifI can. And Commissioners, ifI can. There's two separate issues here. One is just the funds that we need for the parade. Chair Sarnoff But -- and understand that, but will you still have your parade if you don't come to terms with the Bayfront Trust? Mr. Diaz: Yes, we will. Chair Sarnoff You will? Okay. Mr. Diaz: Yes, sir. Chair Sarnoff So it's not a wasted effort, all right. Mr. Diaz: Correct. Chair Sarnoff So there's a motion that Daniel Alfonso, the City Manager, can extract $2, 000 from each Commissioner's -- Commissioner Carollo: Move it. Chair Sarnoff -- surplus budget. Commissioner Suarez: Okay, I second it. Chair Sarnoff Motion by Commissioner Carollo. Commissioner Carollo: Now -- with discussion. Commissioner Spence -Jones: Okay. City ofMiami Page 157 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Commissioner Carollo: Now, all I'm saying is, I don't -- Chair Sarnoff And second by Commissioner Suarez. Commissioner Carollo: -- have a problem with the $2, 000, but really, this is the County coming to the City. What I'm saying is, shoot, why can't each County Commissioner also put $2, 000? I mean, I think that's fair. Commissioner Spence -Jones: Yeah. Commissioner Carollo: You know what I'm saying? And there's 13 -- Commissioner Spence -Jones: And may -- Commissioner Carollo: -- of them. Commissioner Spence -Jones: -- but -- Mr. Diaz: We have -- with all due respect, Commissioner Carollo. We just approved 30,000 of in -kind, and we are -- all our officers have their employees at full throttle volunteering, putting time in; we've all put up our money and we -- you'll see the sizes -- magnitude of this parade. This is something as large as, you know, the old Orange Bowl Parade and things like this. It's taken a lot of money. The volunteer to get sponsors; they've been working hard, alongside with me -- Chair Sarnoff Commissioner -- Mr. Diaz: -- to make that a reality. Chair Sarnoff -- where does the parade start? Mr. Diaz: The parade starts right under the --I think it's 2nd -- west 2nd Avenue. Chair Sarnoff So City of -- predominantly, it's the City ofMiami? Mr. Diaz: It's all City ofMiami. Chair Sarnoff Thirty thousand dollars of in -kind. Give us your top four items. Mr. Diaz: Police, all brochures -- Chair Sarnoff Police officers -- Mr. Diaz: -- all brochures -- Chair Sarnoff -- should be lining our streets. Mr. Diaz: They'll be working alongside the City ofMiami police officers. Chair Sarnoff Okay. By department? Mr. Diaz: We've had to do flyers. We've had to do all kinds of work within the County. We've been -- all kind of staff. I mean, there's been a lot of work. These parades, as you all well know, don't happen just with a couple of people. There's a lot of list of things. We could go on for on, City ofMiami Page 158 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 you know -- And at the end of the day, it's all public information, all the funding, everything, what happened. So that's what I like about it, because we want to make this very transparent. All we're here to ask you is the part about the parade, to support. I appreciate you putting off from your sites. On the park, I want to speak separate, though, on, okay, after we're -- we -- you guys take the vote on this other part. Chair Sarnoff Right. Andl -- you know, I'm a little surprised that -- how many police officers are we going to have? 'Cause if they're using their police, do they also need our police? Mr. Alfonso: Commissioner, I'll let the chief come up, but they have been working also with our Police Department, and Manny -- Chief Orosa will talk about that. Chief Manuel Orosa (Police): We have 15 of our officers, the County is putting in 30, and other municipalities are bringing in the balance. Chair Sarnoff Okay. So there's going to be upwards of 100 cops, 50 cops? Chief Orosa: There's going to be probably around the 60 to 80 range, but it all depends. Chair Sarnoff All right. And whose Fire Department is going to be protecting us? Mr. Alfonso: City ofMiami. Chair Sarnoff And the County is not willing to put any of their Fire in? Mr. Diaz: We sure are, but the Chief could speak to that. They have their -- Chair Sarnoff Protocols? Mr. Diaz: -- they have -- I think that, out of respect, we're willing to help in whatever they need, but that we -- they are the lead department so. Chair Sarnoff Let's get Chief Kemp. Real quick, Chief, if the County wanted to give us some Fire officers, we couldn't use them? Chief Maurice Kemp: Maurice Kemp, Fire Chief. That is a little more complicated than the Police operations. You're dealing with different medical protocols, and we would prefer to cover our jurisdiction with our firefighters. Chair Sarnoff And you're $5,300? Chief Kemp: Yes, sir. And I'm working with the union president, Lieutenant Suarez, to seek veterans on the Fire Department who might be willing to volunteer to man the parade, so that 5,300 is a maximum number. If we get volunteers, it'll come down commensurate with the number of volunteers that we get. Chair Sarnoff Okay. So now, with the 1,300, I take it, that -- Mr. Manager, that that's sanitation? Mr. Alfonso: Correct. Chair Sarnoff Is the County willing to offer their sanitation services or are their protocols derent from the (UNINTELLIGIBLE)? Commissioner Carollo: Absolutely. City ofMiami Page 159 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Diaz: We're working with whatever part of it that we would -- if you need us to help you in anything, we are working. We're trying to put the barricades. We're doing other things. Remember, there's a lot of costs here. Chair Sarnoff No, no, I get it. Commissioner Carollo: Right. Mr. Diaz: When you add the port-o-potties, the barricades, the stage and everything else that we're, you know, putting in, the amounts are pretty high, if you could start -- at least Commissioner Carollo could start putting in numbers to cost, it gets up there. Chair Sarnoff You said the cost in in -kind is 30,000. Mr. Diaz: That's the -- what we -- up to 30,000 (UNINTET,TIGIBT,F) Chair Sarnoff Up to 30,000, okay. All right, I gotcha. We lost our quorum. Okay, at this point, is everybody comfortable to vote on the --? Commissioner Suarez: Yes. Chair Sarnoff Okay. All in favor -- Commissioner Suarez: That's my vote too. Chair Sarnoff -- then please say "aye. " The Commission (Collectively): Aye. NA.4 DISCUSSION ITEM 13-01288 DISCUSSION BY THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSIONER JOSE "PEPE" DIAZ REGARDING THE COSTS ASSOCIATED WITH THE USE OF BAYFRONT PARK FOR THE VETERANS DAY PARADE EVENT. 13-01288-Submittal-Golden Veterens Parade.pdf DISCUSSED Chair Sarnoff Now we deal with Bayfront Park. Jose "Pepe" Diaz: Okay. I know Commissioner Carollo is trying to, let's just say, support and make money for the City. Let me be -- okay, I'm going to have to, you know, be real blunt here. I think Ms. -- Commissioner Michelle Spence -Jones said it the best: These are people that fought and died for us. Fifty-seven thousand of these people died of our marines, sailors, soldiers, airmen died so we could all sit up here and have the freedom of discussing exactly what we 're discussing right now. All we're saying, this is a one-time event, a one-time event to say "thank you." And when these people came back, they didn't come back to a marching band. They didn't come back in formation. They couldn't come back with their platoons and with their squads. The reason they couldn't is because they were spit on, they were ridiculed; they were treated in the worst of ways, and these are the people we're going to say "thank you" to. So I can't sit here, with all due respect -- and just please bear with me again; I don't feel too good. But I can't sit here and hear that we're making money on our veterans. That's the part that I do not understand, will never understand, and personally, I'm offended by that. So if it's a trust and you City ofMiami Page 160 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 need to make money, there's a lot of ways of doing it. I can't tell you because each one runs their own divisions, but when you're sitting there and telling me that you're going to make money off our veterans, that opens up something else. Now, I'm here as a County Commissioner, but I'm also here as a veteran, a marine, and it's hard when you deal with these gentlemen -- andl'm also the chair -- I'm sorry -- well, I'm also the chair of the military board and county military liaison, so I got a little -- couple of titles on me, but at the end of the day, it comes down to making sure we take care our veterans. That's my mission. So when we were told that first we were going to get -- look at the amphitheater for about $8, 000 and the amphitheater was going to cost that, we said good, awesome; we're going to go into the amphitheater for that price. But then we figured out that the amphitheater only holds 10, 000 people, and doing this parade right, we should have about 25 to 30,000 people is what we're trying to get. Where are you going to sit the veterans? So it became a problem. And the wheelchair veterans, which is quite a lot of them, because of -- they're going to come from the VA (Veterans Association) -- in other words and a long story short, we had to move it to the park. Now, when we moved it to the park, the first bill we got was $105,000. Now, we don't have an amphitheater. We don't have the infrastructure. We don't have anything like that. It's just an open park. We're providing the stage, we're providing the seats, we're providing the port-o-potties, we're providing the security; everything that needs to be provided to make that happen. There might be some people from the park they might have to go and check up and do things and there might be some parking, I understand, andl'm not here to argue that point. The bill with my staff reduced -- talking to them, it went down from 105,000 for an open park with everything, including police and everything because they started reducing the things that didn't apply, and it went down now to almost $40, 000. It's not 25,000. It's almost $40, 000. That is a lot of money when everybody's trying to do their part. So that's why I came to this Commission. I thought it was respectful enough to show up, even though my head's about to crack in two with this headache, and l felt that out of respect, I think we should do it. Do we have to pay? We'll pay. Yes, to answer your question before, Mr. Chairman. It would be a lot nicer that if we didn't had to, because whatever comes out of -- that's left out of the sponsorships is going to go back to the families of those veterans. Chair Sarnoff Commissioner, can I -- Mr. Diaz: And that's where we're at. Chair Sarnoff -- just say something to you and --? Commissioner Carollo: Mr. Chairman. Chair Sarnoff I know you want to speak. I know you do. Can I just say something? You might Commissioner Carollo: Andl need -- Chair Sarnoff -- like what I'm going to say, which I ordinarily don't need to speak to you. Ordinarily, Commissioner, I would expect to see -- andl looked at your great sponsorships: Hershey's, Clear Chanel, Miami DDA (Downtown Development Authority), Baptist, a lot of fine corporations here. We would ordinarily like to see, I would think, a budget. In other words, this is what we're taking in -- Commissioner Carollo: Yes. Chair Sarnoff -- this is what we're expending -- Commissioner Carollo: Yes. City ofMiami Page 161 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff -- and then -- and you know, I've sat in MSEA (Miami Sports and Exhibition Authority) oftentimes wanting that same information, and this Commission is a pretty practical but I think very fiscally conservative group, andl think everybody up here is capable of reading a budget. And what I'd like to see before I vote to -- even just to a resolution, 'cause I don't control the Bayfront Trust. You know, Commissioner Carollo is the chairman of it. But I would think all of us would like to just see a budget, just show us -- for instance, the DDA is giving you "X, " Ford is giving you "Y, " Hershey's is giving you "Z; " the costs associated with Police are this. Some sort of budgets that we feel comfortable that, number one, we're asking an agency of the City ofMiami to do something, and the problem I think Commissioner Carollo confronts, having been the chair once before, a lot of people come up with commendable ideas. And by the way, yours is the most commendable. I -- my father was a marine. I know you're a marine. I will in no certain way denigrate, at all, your request. But I think we'd feel more comfortable up here maybe tabling this. I know you have a headache, andl promise you that if you just gave us the budget, gave us the lunch hour to read the budget, I think we'd feel a lot more comfortable and confident that if we just did a resolution, 'cause we can't direct them to do much more than that, that we'd feel comfortable knowing that -- let's say, for instance, we decided to ask Commissioner -- the Bayfront Trust to reduce it from "X" to "Y, " that we have the information necessary to make an educated vote. Commissioner Carollo: And Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I just want to clarify. The Bayfront Park Management Trust -- and I'm speaking on behalf of the Bayfront Park Management Trust as their chairman -- has no intention of doing what was said here, which is make money off of veterans. I mean, that -- to be honest with you, I find that insulting, because that has never ever, ever been the case, ever. What we're -- the only thing we're saying, there are actual costs. We have to pay personnel for cleaning, for parking, electrician. There is actual costs that we are going to have to pay personnel, and we're not marking it up, as far as my knowledge, to make a profit, but these are actual expenses. And all I'm saying is, Hershey's, Clear Channel, Comcast, Marlins, the Dolphins, Ford, Telemundo, I mean, there's -- Baptist -- a lot of big sponsors here, and we're willing to do our part. We're willing to reduce, but when you're asking for free -- Mr. Diaz: No, we didn't say free. That's what I want to be clear on. Commissioner Carollo: But it's very close to that. You know, that's where -- listen, yes, we need to see a budget. We need to -- and we're negotiating. And by the way, I haven't even been doing the negotiations because ifI would, I would break down each line item to the penny, and my colleagues know I would, so I haven't. I really have not tried to interfere because I believe our executive director's a good executive director, and he's been crunching the numbers with you guys, andl know I've spoken with him. I said "Please see wherever it is that we can cut so that we can support," but know that we've already tried to cut a third because, from what was originally told, it was 35,000. I think the rent and so forth is what -- the load in, the load out is what's been cut, and we're down to about 24-something, 25,000, andl don't have the breakdown, you know. And maybe it is good for this to be tabled so the executive director could be here and, you know, explain the numbers in details. Normally I would, as you know, but again, I've had good faith that our executive director is working this and trying to support, but at the same time, you know, one thing is a reduction; another thing is free. Chair Sarnoff So -- Mr. Diaz: May I ask -- may I? Chair Sarnoff I'm going to come to you -- I'm going to give you a minute. City ofMiami Page 162 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Diaz: No, no, go ahead. Then you can go ahead. Chair Sarnoff No, I think -- andl know you -- I feel bad; you have a migraine. My wife suffers from them. I know what they're like, so -- but could you -- if you could not come back after lunch, could you get this -- the information so we could read it during lunch? I'll bring it up after the lunch recess. Commissioner Carollo probably takes a half an hour to read a budget. I promise you, I will read the budget, and then we can make an informed decision. Mr. Diaz: Let me be -- if you -- may I? Chair Sarnoff Sure. Mr. Diaz: Okay. What Commissioner Carollo -- let me be real clear, because my intent was not for free. I know that there's costs to pay personnel, andl know that. None of us here -- I think all of us -- in the 22 years that I've been doing government, I know how to read a budget or two, and the County budget seems to be a little bit more complex sometimes and we still get through. The bottom line is to get you the budget, to get you -- we're still putting everything together, so it'll be offensive to try it. But let me be real blunt. The part isn't about the employees and all that. It was -- we already took down the police. There was a big cost that was put on and stuff, because we're providing -- we're making the security; we're doing everything that needs to be done. It's -- what I meant about making money on the veterans is when the park, in itself, charges for the park, not for the employees, not for anything, but when the surcharge. Now, by the way, he said the executive director, Tim, is one of the best men I've ever dealt with -- Commissioner Carollo: Absolutely. Mr. Diaz: -- and negotiated with. He's an incredible gentleman. Commissioner Carollo: Absolutely. Mr. Diaz: Okay, so let's -- I want to make sure that things are clear for the record. Commissioner Carollo: Absolutely. Mr. Diaz: Okay. But when we -- I just been told, the budget's still up to 38-something thousand dollars, and you know, that's besides the employees and besides everything. There is a surcharge for the park and all that. That is what I was referring to. It wasn't that I know it was going to be done for free. But I will get the budget that we have. My assistant just went to go get it in the car from the park so you could see what we're talking about. It's -- and another way, too. Look, could we get the sponsors to try to cover it? I'll find a way to cover it, okay, so we won't make this Commission go through this painstaking ordeal, as you want to leave it there. It's not my intent to come here to beg on behalf of the veterans, andl will not do that. I came to discuss and to ask, so I'll keep it there. I appreciate the other two parts that you gave. And you know what, I will -- Frank andl go a long ways back, and we've always had a great relationship and we always will. The thing is he is solid in what he believes in; so am L And sometimes two hard heads get together and we try to make sure that we do the right thing for our causes. So we'll talk and we'll try to find solutions. And I'm sure, ifI go through him with a budget that they're presenting and stuff we'll find savings. My idea -- andl want to be real clear and say this up here -- is not to take away the budget the people that we have to pay and the cost that have to be provided. You know, we -- Commissioner Carollo: Understood. Mr. Diaz: -- that is not my idea. My idea is when there's a surcharge maybe for the use of the City ofMiami Page 163 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 park and stuff like that. If that could be taken away, that's all we're asking for. That's all we've always asked for. Commissioner Carollo: It will. Mr. Diaz: Okay. Commissioner Carollo: As -- Mr. Diaz: That's all we're trying to get to -- Commissioner Carollo: Yes. No, it will. Mr. Diaz: -- between you and I. Commissioner Carollo: I spoke to Mr. Schmand this morning, and we discussed that, and yes, and that's a reduction of about $11, 000. So, yes, that -- Mr. Diaz: That's all we're looking for to do. Commissioner Carollo: Yes. And, again, Commissioner Diaz, and with all due respect, you know, we're not looking at making profit out of this event. We really are not. We just want to cover some costs that are going to be actual expenditures from the park. That's all what we're trying to do. And, you know, I guess maybe I should have gotten more involved at -- instead of you know, just I guess delegating (UNINTELLIGIBLE) what I believe is right. The executive director is the one who deals with the day-to-day operations. Mr. Diaz: And by the way, he did an outstanding job. Commissioner Carollo: And he's good. Mr. Diaz: He has done an outstanding job. Commissioner Carollo: But, again, you know -- and I'm willing to work with -- I'm willing to go into it line item by line item. Mr. Diaz: If we can, we'll call you later, and we don't have to come back to this item again. I will talk to him and reduce it down. Chair Sarnoff You don't need to come back to this item. Make one strong recommendation to you and Commissioner Carollo: You issue a nice joint press release so that the Herald can get out the fact that you guys have cleared things up, have "kumbayaed. " Mr. Diaz: No, we are Kumbaya. There was never an issue. Commissioner Carollo: Yeah. Mr. Diaz: You know, the issue is that we want to make sure that we save as much money where we can, and he's just trying to do the same inside the park system, so we're good. Chair Sarnoff He's simply trying to be a fiduciary of what he is chair, that's all. All right. Mr. Diaz: With that, thank you so much. Chair Sarnoff Thank you. Appreciate you coming here. City ofMiami Page 164 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 Mr. Diaz: And llook --I'll see you all on the 8th. Chair Sarnoff We'll see you on the 8th. Thank you, Commissioner Diaz. NA.5 DISCUSSION ITEM 13-01289 CHAIR SARNOFF PAID TRIBUTE AND PRESENTED COMMISSIONER SPENCE-JONES WITH A BOUQUET OF FLOWERS FOR HER 8 YEARS OF TENURE AS CITY COMMISSIONER FOR DISTRICT 5 AND FOR MAKING HIM A BETTER, MORE WHOLE, AND WELL-ROUNDED INDIVIDUAL; ADDITIONALLY, COMMISSIONER SUAREZ COMMENDED COMMISSIONER SPENCE-JONES FOR HER DEDICATION TO DISTRICT 5 AND FOR HER CONTINUED EFFORT IN MAKING DISTRICT 5 A WELL REPRESENTED DISTRICT DURING HER TENURE AND FOR NEVER GIVING UP, FIGHTING, AND WANTING WHAT'S BEST FOR THE CITY OF MIAMI AND DISTRICT 5. DISCUSSED Chair Sarnoff Okay, and the last item talked about was the fair housing matrix, I believe. Unidentified Speaker: DI3. Chair Sarnoff Can I have my point of privilege? Commissioner Spence -Jones: DI.6, you mean. Chair Sarnoff I think it's DI3 -- Commissioner Suarez: DI 3. Chair Sarnoff -- if I recall correctly. Can I have my point of privilege now? Commissioner Spence -Jones: Sure. Chair Sarnoff Okay. Can I have my wife come up here for a second? Commissioner Spence -Jones: Your wife is here? Chair Sarnoff Yes. Commissioner Spence -Jones: Oh, wow. Chair Sarnoff Theresa. So I have served eight years with Commissioner Spence -Jones and -- Commissioner Spence -Jones: Oh, don't make me cry. Applause Chair Sarnoff --I want to say this: That Commissioner Spence -Jones andl often don't see eye to eye. Commissioner Spence -Jones: Wow. Chair Sarnoff And to the extent that I have been -- to the extent I disagree with her, I offer no City ofMiami Page 165 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 apologies. To the extent I've been disagreeable, I humbly ask for your forgiveness ifI have ever been disagreeable. It has never been my intention. This is what I consider the most formidable Commissioner I have ever had to serve with. She is the person I kept my eye on and watched out for, andl mean that in a good way. It has been, at times, challenging; at times -- well, you -- I've gone through the emotional gamut with you; ups, downs, all-arounds, but I will say this to you, Commissioner: I have learned a great deal from you. I've learned that there are different viewpoints than mine. Neither you nor I have spent ten miles in each other's shoes, but we have sat in each other's seats, andl have no intended speech. I just want to say thanks for making me a better person. Thanks for making me a more whole and well-rounded person. I, like I said, will never apologize for the disagreements, but I do apologize when I've been disagreeable. Commissioner Spence -Jones: Oh, you're making me cry. Applause Commissioner Suarez: Mr. Chair, may I? Commissioner Spence -Jones: You got to top that. Commissioner Suarez: Listen, it's going to be -- Commissioner Spence -Jones: First mistake. Commissioner Suarez: -- very hard to top on a multitude of different levels, starting with the flowers, which I don't have, unfortunately. And secondly, I haven't spent as much time as the Chair has with you, and, you know, in my case, we started off a little rocky; I don't know if you remember. She don't remember. See, that's why you're so good, you don't even remember the rocky times. We started off a little rocky, and we hit it off almost instantly, because I think we saw something very pure in each other, which was a desire to make our community better, and it was a desire that had a lot of energy behind it, a lot of spiritual energy behind it, and we kind of kept each other going, we kept each other up in difficult moments; we backed each other up. And, you know, as the Chair says, you know, I learned a lot from you. There were moments when I learned that you have to have a little bit more fight in you to get things done and, you know -- and honestly, I haven't really disagreed with you all that much. You know, I think we've just kind of always seen eye to eye on a lot of things, andl look forward to your continued involvement in the community, 'cause I know you're not going away. I know that. Commissioner Spence -Jones: Taking a break though; tired. Commissioner Suarez: Listen, I understand that too. I understand that too, but I look forward to, you know, continuing to communicate with you on how we can continue the effort that you re -began when you came back and that you got -- The one thing that I can say in terms of -- District 5 was very well represented in the time that you were here. District 5 was very well represented. You fought hard, you never gave up, you never settled for mediocrity, you wanted what was best for the City and for the district. You're not perfect; I'm not perfect, okay, and the Chairman's not perfect, we all know that. Applause Commissioner Suarez: Hey, hey, no, don't clap, come on. No, we're -- listen, we're all human beings. We're all flawed, you know, at a certain level, and we -- you know, we're all different, which is what makes us interesting, actually. We complement each other pretty well for a body. We've been fairly collegial, I think, when you compare us to other bodies, andl think, in my humble opinion -- I know Willy continually likes to say that this is the best Commission that the City's ever had, but I don't think that there are too many Commissions, too many bodies -- and City ofMiami Page 166 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 I've seen a lot of them. I'm a Miami -Dade League of Cities member, so I get to see a lot of different elected officials. There aren't too many that have the qualifications and the capability that we have and are acting in such good faith. And credit in public life gets bandied about and criticism gets bandied, and a lot of it, I've learned, is very unfair -- I've re -learned is very unfair. And that's life, and that's the good and the bad and the ugly of doing what we do. There are intense highs, and as you know better than any of us, there are intense lows and difficulties. I can't even imagine what you've had to go through in some of the things that you had to go through in your public life, and I've seen some of it at a much, much less instense -- Commissioner Spence -Jones: You're going to make me start crying. Can you -- Commissioner Suarez: It's okay, I can -- listen, I can go on forever. Commissioner Spence -Jones: No. Commissioner Suarez: No. I've seen some of it at a much less intense level. Commissioner Spence -Jones: Yes. Commissioner Suarez: But I can only imagine, now becoming a father, what you've had to deal with with a husband and two beautiful -- it's two, right? -- two beautiful boys that you have. So, you know, I look forward to your continued activism and your continued ideas and your continued energy. Andl thinkyou do need a break, andl thinkyou should take it, enjoy it, and when you feel like coming back, you know, come back. You know, District 4 will always have an open door for you, and it'll always be your home. Commissioner Spence -Jones: Thankyou. Thankyou. Applause Commissioner Spence -Jones: I'm not going to give an official speech, 'cause I'm hoping you guys will come to my official farewell event, if promises kept, next week to at least officially say good-bye to me and for me to say good-bye to you and my residents and, of course, to keep your promise by doing the "wobble" with me that night, right? Commissioner Suarez: Yes. She's tough till the end. Commissioner Spence -Jones: But I just want to say in closing -- andl know we have two more items -- that, you know, you learn when you go through trials and tribulations, you know, faith is the one thing that does truly bring you through. I can honestly say from day one being in office, too, as I transition out, you learn -- the one thing that you truly learn in the midst of all of this who your true friends are; the people that never abandon you throughout whatever issues that you may go through. This has been a process for me. I really believe that I am stronger and wiser and a much better person than I was when I first started this, because when you're a young or a new politician coming in -- or elected official coming into office, you want to do everything, and what you learn quickly is sometimes you have to really learn how to be still and humble yourself and then figure out a way to work through situations, even though you may not necessarily agree with, you know, the person's perspective, but try to find common ground in it. Andl can honestly say my first two or three years, I was like a bull in -- what do you call it? -- a bull in a --? Commissioner Suarez: A bull in a china shop. Commissioner Spence -Jones: -- china shop. Andl think in the midst of that, when people see that kind of energy, they don't really -- and you were a bull in a china shop. Marc was a bull in a City ofMiami Page 167 Printed on 11/19/2013 City Commission Meeting Minutes October 24, 2013 ADJOURNMENT china shop. So, you know, it -- as time goes on, you realize that there are some things that are just more important, you know, and -- you know, your family, you know, your close friends. The issues that are most important to you in your heart are the things that you focus your attention on, and you don't take this stuff personally. Andl say to any elected official that goes into this office, period, don't take this stuff personal. You have to be able to leave it here at City Hall. And to my wonderful City employees, I'm not saying good-bye to you guys today, but I want you guys to come on our closing for next week. Applause Commissioner Spence -Jones: All right, I'm good. I want to save some of it for next week. The meeting adjourned at 9: 09 p.m. City ofMiami Page 168 Printed on 11/19/2013