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HomeMy WebLinkAboutCC 2014-01-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 23, 2014 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Johnny Martinez, P.E., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 23, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BU - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 23rd day of January 2014, 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 Gort at 9: 05 a.m., recessed at 12:15 p.m., reconvened at 4:32 p.m. and adjourned at 6: 08 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9: 07 a.m. and Commissioner Carollo entered the Commission chambers at 9:18 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Gort: (INAUDIBLE) Sarnoff, Frank Carollo, Francis Suarez; Keon Hardemon, Vice Chairman; and I, Willy -- Wfredo "Willy" Gort, the Chairman. At this time -- in the dais also there's the City Manager -- to be here in a little while -- Johnny Martini [sic]; City Attorney Victoria Mendez; and City Clerk -- Nicole Ewan (Assistant City Clerk): Nicole Ewan. Chair Gort: -- Nicole Ewan. Thank you for being here. At this time we'll have the prayer by Commissioner Francis Suarez and the pledge of allegiance by Vice Chairman. Commissioner Suarez: Thank you, Mr. Chair. If we can all stand, please. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 14-00023 PRESENTATION Honoree Presenter Protocol Item IRS Tax Preparation Mayor Certification of Services Regalado Appreciation Ana Raposo, Diego Giraldo, Gloria Hassanain & Orlando Dias Ann Carlton and Mayor Point of Steve Kneepler Regalado Priviledge Robert Angulo Aldo Coronel & Maria del Carmen Chairman Gort Certificates of Appreciation City ofMiami Page 3 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Alvarez 14-00023 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented Certificates of Appreciation to Ana Raposo, Diego Giraldo and Gloria Hassanain for their participation in the free tax preparation services through Access Miami at various City -sponsored locations and for their assistance in the partnership with the Internal Revenue Service (IRS). 2. Mayor Regalado through a Point of Privilege, recognized and thanked Ann Carlton and Steve Kneapler for their hard work and dedication in helping the City ofMiami as residents. 3. Chair Gort presented Certificates of Appreciation to Maria del Carmen Alvarez, A.K.A Carmilla, President of the Casa Santa Marta de Ortigueira; Aldo Coronel and Roberto Angelo for their wonderful commitment and communal welfare through generous donations and support for critical neighborhood projects in the City ofMiami. Chair Gort: At this time we'll have some proclamations. Mr. Mayor. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon MAYORAL VETOES Chair Gort: Do we have any minutes to be approved? Nicole Ewan (Assistant City Clerk): Yes, Chair. We have for your consideration the approval of the minutes of the Regular meeting and the Planning & Zoning meeting of December 12, 2013. Commissioner Suarez: Move it. Chair Gort: Do I have a motion? Motion by Commissioner Suarez. And a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Ms. Clerk, do we have any vetoes from the Mayor's office? City ofMiami Page 4 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 ORDER OF THE DAY Nicole Ewan (Assistant City Clerk): No, Chair, there are no mayoral vetoes. Chair Gort: Okay, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Hello? Barnaby Min (Deputy City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. 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. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. No cell phones or other noise -making devices are permitted in the 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 assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. 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, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Chairman or the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Gort: Thank you. Later... Chair Gort: Mr. Manager, are you pulling any items? Johnny Martinez (City Manager): Yes, we are, Mr. Chair. I'll go ahead and start. PH.2, defer to February 27; PH.3, defer to February 27; RE.5, withdrawn; RE.10, continue to February 13; andFR.1, continue to February 27. Chair Gort: FR.1, right? Mr. Martinez: FR.1, sir. Chair Gort: Okay. Commissioner Carollo: I'm sorry, Mr. Chairman. Can we repeat it one time, Mr. Manager? Mr. Martinez: Yes. Okay, I'm going to start from the beginning. PH.2, defer to February 27; PH.3, defer to February 27; RE.5, withdraw; RE.10, continue to February 13; and FR.1, defer to February 27. Chair Gort: Do we have any zoning item? I know the -- we don't open zoning items until 4 o'clock, but if we have any and someone is listening to it, I thinkl want them to hear it. Victoria Mendez (City Attorney): The PZ (Planning & Zoning) items? City of Miami Page 5 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: PZ items. Ms. Mendez: One moment. Chair Gort: PZ items. Here it comes. Francisco Garcia: Good morning, Mr. Chairman, Commissioners. Francisco Garcia, Planning & Zoning director, for the record. IfI understand correctly, the question posed was which PZ items may be continued? Chair Gort: Yes. Mr. Garcia: I have that list for you right here. It goes without saying that I am relaying to you the list of intended items to be continued, but they cannot be continued until after 2 o'clock -- Chair Gort: No, I understand that. Mr. Garcia: -- when they're formally heard. So the items we expect to be continued today are items PZ.1, PZ.2, PZ.3, PZ.4, PZ.5, PZ. 6, PZ.9, PZ.10, PZ.11, PZ.12, PZ.13, PZ.14, PZ.15, PZ.16 may actually be withdrawn, and PZ.17 is ready to go forward. So those were the items that are going to be continued most likely. Commissioner Suarez: Can you repeat that, please? Chair Gort: Most likely, okay. So -- Mr. Garcia: Yes, sir. Chair Gort: -- I already see a couple of people walked out so. Commissioner Suarez: Can you repeat -- Mr. Garcia: Thank you. Commissioner Suarez: -- that one more time, please? Chair Gort: Repeat it one more time. Mr. Garcia: The entire list? Chair Gort: Yeah. Mr. Garcia: Yes, sir. Chair Gort: Are we going to hear any items on PZ? Commissioner Carollo: Yeah. Mr. Garcia: Yes, sir. Actually, shouldl tell you which ones are ready to move forward? Perhaps that's easier. Commissioner Suarez: I think that's better. Commissioner Carollo: Seven, 8, and 17. City of Miami Page 6 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Sarnoff. I guess you ought to listen. Chair Gort: PZ.17, I understand, a time certain, 4 o'clock. Mr. Garcia: Correct, sir. Chair Gort: Okay. Mr. Garcia: And so I will tell you then which items are ready to be heard. They would be items PZ.7 and PZ.8, which are companion items, and item PZ.17; 7, 8, and 17. Chair Gort: Okay. Mr. Garcia: Thankyou, sir. Chair Gort: Thankyou. Any of the Commissioners would like to withdraw or -- any item? Seeing none, do I have a motion for the consent agenda? Commissioner Suarez: Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: I mean, would you prefer that we request a deferral now, or would you prefer that we request it when the item comes up? 'Cause I have an issue on an item -- I don't know if it'll open up a discussion on the entire item, so I -- Chair Gort: Well, let's wait until then and let's hear the item. Commissioner Suarez: Okay. Chair Gort: All right. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I had the same question, andl was just going to wait until the item pops up in case there's some discussion on it, but there's probably one or two that I may want to defer or at least obtain more information from staff but I wanted to make sure that, you know, we all speak about it beforehand. Chair Gort: Okay. Consent agenda. Do I have a motion? Nicole Ewan (Assistant City Clerk): Chair, I need a motion and a second on the continuance and deferral -- Vice Chair Hardemon: So move. Ms. Ewan: -- on the regular item. Chair Gort: Moved by Vice Chairman Hardemon and second by -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Suarez. Any discussion? Being none, all in favor, state it by City of Miami Page 7 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 saying "aye. " The Commission (Collectively): Aye. City of Miami Page 8 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 CA.1 13-01421 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED OCTOBER 31, 2013, PURSUANT TO INVITATION FOR BID NO. 372329,1 FROM MY LITTLE CAPTAIN GOURMET, LLC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF MEALS UNDER THE CHILD CARE FOOD PROGRAM ("PROGRAM"), FOR THE DEPARTMENT OF PARKS AND RECREATION, AT AN ESTIMATED ANNUAL AMOUNT OF $207,492.30, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FOR THE FIRST YEAR OF THE PROGRAM FROM THE DEPARTMENT OF PARKS AND RECREATION ACCOUNT NUMBER 29-10155.01.1973.OTHER CONTRACTUAL SERVICES.295999 FOR AFTERNOON SNACKS AT VARIOUS CITY OF MIAMI ("CITY") PARKS AND ACCOUNT NUMBER 11550.292001.549000.0000.00000 FOR BREAKFAST, LUNCH, AND AFTERNOON SNACKS AT THE CITY'S DAY CARE CENTERS, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF HEALTH CHILD CARE FOOD PROGRAM (CCFP) STANDARD CATERING CONTRACT FFY 2013-2014, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MY LITTLE CAPTAIN GOURMET, LLC, FOR SAID PURPOSE. 13-01421 Summary Form.pdf 13-01421 Award Recommendation Form.pdf 13-01421 Bid Tabulation.pdf 13-01421 Letter -Florida Health.pdf 13-01421 Legislation.pdf 13-01421 Exhibit .pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0027 Chair Gort: PH.1. Commissioner Carollo: CA.1. I'm sorry, Mr. Chair. Chair Gort: I'm sorry; CA.1. Lara De Souza: Good morning. Lara De Souza, Deputy Director for Parks & Recreation. CA.1 is accepting the bid from My Little Captain Gourmet to provide after -school snacks to City parks and breakfast, lunch, and snacks to daycare centers, in the amount of $207, 000 and 402 -- let me start over -- $207, 492 for the year. Commissioner Carollo: Thank you. Mr. Chairman? City of Miami Page 9 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Yes, sir. Commissioner Carollo: Thank you. The reason I pulled this item was various reasons. Number one, I could say District 3 has come a long ways. When I first was a Commissioner, District 3 parks was receiving actually no snacks through this program and now we have three parks that are receiving snacks. With that said, one of the parks is Southside Park. But at the present time, Southside Park is closed, so what's going to happen with the snacks? Can those snacks go to Jose Marti Park? And I'd like to open it up even a little bit more. Where are we with the contamination in Southside Park? When is Southside Park going to reopen, or where are we with the testing and so forth? I want to know where we are. Ms. De Souza: Okay. Basically, what we've offered is all the children that were enrolled at Southside Park, we offered to transfer them over to Jose Marti. Commissioner Carollo: Okay. Ms. De Souza: And staff were allocated to Jose Marti as well, in order to take on the additional children; so, yes, the snacks also will transfer with them. In regards to the contamination -- Commissioner Carollo: And thank you. That's exactly what wanted to hear. And now I want to hear the second part as far as when will the park reopen, or where are we in the process? Alice Bravo (Chief of Infrastructure): Good morning, Commissioners. Alice Bravo, Assistant City Manager. At Southside Park, we had a consultant already go out and do some preliminary probing to identify the areas where ash is located and moving forward with the sampling, so we hope to have that completed by the end of this month; and given the magnitude of it, that'll dictate the time required for the remediation. We're also working with the County. As far as these parks that are city -owned land that have ash on it are eligible for the utility service fee that the County collects, so we hope to -- the next -- the first February Commission meeting, bring an agreement with the County that allows us to use funds that they have available for the remediation. So if we can include that part in that agreement, then the park should be opened perhaps by the fall. Commissioner Carollo: Okay. And according to your timeline, by the end of January, so in a week or week and a half or so, we should be able to know -- Ms. Bravo: The extent of the contamination, right. Commissioner Carollo: Okay. And then that would dictate remediation and what exactly needs to happen in order for us to open up the park again? Ms. Bravo: Correct. Commissioner Carollo: Okay. Ms. Bravo: Thank you. Commissioner Carollo: Thank you. Chair Gort: Thank you. Commissioner Carollo: Andl move the item. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? City of Miami Page 10 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. CA.2 RESOLUTION 13-01419 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES FOR FISCAL YEAR 2013", AND APPROPRIATING FUNDS, IN THE AMOUNT OF $103,000.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 13-01419 Summary Form.pdf 13-01419 Back -Up Document.pdf 13-01419 Legislation.pdf 13-01419 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0026 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Motion, consent agenda. Commissioner Suarez: Move it. Chair Gort: Moved by -- Commissioner Carollo: Mr. Chairman. Chair Gort: -- Commissioner Suarez. Commissioner Suarez: My apologies. City of Miami Page 11 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Yeah. Commissioner Carollo: I request to pull CA.1, please. Chair Gort: Oh, okay. Commissioner Suarez: So I will -- Chair Gort: We have CA.1. A motion -- Commissioner Suarez: I'll move CA. 2 then. Commissioner Carollo: The motion will be on CA.2 from Commissioner Suarez. Commissioner Sarnoff. Second. Chair Gort: Okay. It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 12 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 9:00 A.M. PH.1 13-01420 Department of Community and Economic Development PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF POVERTY INITIATIVES PROGRAM FUNDS, TOTALING $190,500.00, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2013-2014 BEGINNING APRIL 1, 2013, FROM ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 13-01420 Summary Form.pdf 13-01420 Notice to the Public.pdf 13-01420 Legislation.pdf 13-01420 Attachment A. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0028 Chair Gort: PH.1. Alfredo Duran: Good morning. Alfredo Duran, Deputy Director of Community and Economic Development. PH.1 is a resolution authorizing the allocation of Poverty Initiative Program funds, in the amount of $190, 500 to the agencies that's specified in the Attachment "A" for public service activities for program year 2013/'14, beginning April 1, 2013. Chair Gort: Thank you. This is a public hearing. Is anyone in the public would like to address? Yes, sir, come on forward. You're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I agree that the money should be coming for the social -- I mean for the public, especially now. That's too much problem out there, but you realize, you know -- I don't -- you on the street; me on the street. You know how -- problems out on the street, and this -- that money solve a lot of problem there, because I go to the different places and you see how the people complain on the street. I don't complain myself, because I am taken care, you know, taken care; no problem. But a lot of people out there -- 'cause they ask me about jobs. People want jobs, so now we solving some problems on jobs in the neighborhood now. That will be good to bring a Pizza Hub there too on 17th Avenue there. Chair Gort: Mariano, don't forget to recognize and let people know that we have Work Force -- Mr. Cruz: Right. Chair Gort: -- right there on 20th Street and 7th Avenue. They should go there and sign up in there. Mr. Cruz: Thank you. City of Miami Page 13 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Thank you, Mariano. Anyone else in the public? Close the public hearings. Commissioners. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Just for the record, Mr. Director, is this the same allocation that we did last year to the same agencies? Mr. Duran: Yes. Commissioner Carollo: Okay, thank you. Commissioner Suarez: And, Mr. Chair, if I may? Just to expand on what Commissioner Carollo said, this is general fund monies that we're using to supplement our public service dollars that we receive from the federal government. Correct? Mr. Duran: That is correct. Commissioner Carollo: And -- Chair Gort: Yes, Vice Chairman. Vice Chair Hardemon: Can you tell me how you go about -- 'cause I haven't had the opportunity to read the public service reserve account. Is there a percentage that you use to go to that account, or is that something that you -- that's money that has not been allocated that is available that we can allocate in the future? Mr. Duran: When the City took a substantial cut in CDBG (Community Development Block Grant) funding about three years ago and we initially put the first poverty initiative -- considerable amount of poverty initiative, during that time we melted -- it was a melting pot. We took all of the money to be able to save -- there was a 39 percent cut to -- in order to be able to make whole all of the agencies. At that point, District 3 and District 5 had not allocated all of their public service monies. Now, that has been done, so -- going forward. This particular reserve still remains as a District 3 allocation, so this is really a reserve that is up to District 3 to allocate in this particular allocation of one point -- 190, 000. Vice Chair Hardemon: That $13, 591 ? Mr. Duran: That is correct. Vice Chair Hardemon: Can you provide me with some documentation as to -- to help me -- I say, can you provide me with some documentation as to help me with that also, once this is all --? Mr. Duran: Absolutely. City of Miami Page 14 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 PH.2 13-01435 Department of Community and Economic Development PH.3 13-01444 Vice Chair Hardemon: Thank you. Mr. Duran: Absolutely. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And just to add, this is the reason why it's so important to keep pushing for the flexibility from 15 percent to 25 percent, because the reason we're using general fund dollars is because the monies that we're receiving -from the federal government at the 15 percent level is not enough to fund all these services that are very much needed. So if we raise the cap from 15 percent to 25 percent, more money from economic development could actually go to these programs that are very much needed, as opposed to have what we had in the last few years, which was a timeliness issue, and a lot of that is due to all the requirements that those -- using those monies incorporate, and that's part of the reason. There's other reasons why we had issues with the timeliness but my point is that's the importance of raising the cap from 15 percent to 25 percent in public service. Chair Gort: Yeah, it needs to continue to increase. Any further discussion? Any further discussion? Being none, all in favor, state it by saying "aye.' The Commission (Collectively): Aye. Mr. Duran: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FROM THE AGENCIES OR ACTIVITIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $404,821.08; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01435 Summary Form.pdf 13-01435 Notice to the Public.pdf 13-01435 Back -Up from Law Dept.pdf 13-01435 Legislation (Version 2).pdf 13-01435 ExhibitA(Version 2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PH.2 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. RESOLUTION City of Miami Page 15 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF ADDITIONAL Economic COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL Development AMOUNT OF $100,000.00 FROM THE CITYWIDE RESERVE ACCOUNT; ALLOCATING SAID FUNDS AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE COMMERCIAL FA?ADE AND CODE COMPLIANCE PILOT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01444 Summary Form.pdf 13-01444 Notice to the Public.pdf 13-01444 Pre-Legislation.pdf 13-01444 Legislation.pdf 13-01444 ExhibitA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PH.3 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PH.4 RESOLUTION 13-01337 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Works PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO THE "L" SHAPED PRIVATE ALLEY LOCATED EAST OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 39TH STREET AND THE BAY POINT SUBDIVISION, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 13-01337 Summary Form.pdf 13-01337 Notice to the Public.pdf 13-01337 Legislation (Version 2).pdf 13-01337-Submittal-Nzeribe Ihekwaba.pdf 13-01337-Submittal-Vicky Garcia Toledo.pdf 13-01337-Submittal-Support Letters.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0029 Chair Gort: FR. 3. Thank you. I mean PH.3. Commissioner Carollo: PH.4. Chair Gort: PH.2 (UNINTELLIGIBLE). Johnny Martinez (City Manager): PH.3 was deferred. Chair Gort: Three also? City of Miami Page 16 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Mr. Martinez: Yeah. Chair Gort: Correct, okay. PH.4. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.4 -- before I do that, I think there are a couple of pages that are missing from the printed copy you have, and will distribute it. Commissioner Suarez: Thank you. Commissioner Carollo: Okay, thank you. Mr. Ihekwaba: PH.4 is a resolution authorizing and permitting the restriction of vehicular and pedestrian access to a private L-shaped alley that is located east of Biscayne Boulevard between Northeast 39th Street and Bay Point Subdivision. The owners of the properties designated and indicated in the resolution desires to construct a new development on the property, and have approached the City to restrict both vehicular and pedestrian access to this alley. It needs to be noted and emphasized that this is a private alley with no vested interest to the public, according to the original subdivision plats of 1916. Chair Gort: Okay, thank you. This is a public hearing. Yes, ma'am. Vicky Garcia -Toledo: Good morning. For the record, Vicky Garcia -Toledo and Javier Avino with the law firm of Bilzin Sumberg. We're here representing the property owner on both sides of this alley. This is a private, unimproved alley that has been a source of problems for the Magnolia Park neighborhood. To give you an idea of where this is, there is a old building on the corner of 39th Street and Biscayne Boulevard that was abandoned for many years, was a problem in the neighborhood, and we worked extensively with the neighborhood and Jeffrey Bash, in particularly, who dedicated a whole lot of time to completely redo that building. That building now is an office building, fully operational. And right behind that there was this parcel of land that you will see as Lot 8, which has been vacant and has been a source of difficulties for this neighborhood. This is along 39th Street with Biscayne Boulevard in front of the commercial building that I mentioned. The alley in reference goes north from 39th Street to the Bay Point wall, security wall, and then it turns west and comes out on Biscayne Boulevard. It also has been a problem for Public Works and for the Police Department, because the buildings on Biscayne Boulevard sit right at the edge of the sidewalk, and so a vehicle exiting this one-way alley has to be about halfway out into Biscayne Boulevard's right lane before the driver can see the traffic coming their way. So we have asked to close this alley. We have support, and we have letters of support from the Bay Point Homeowners Association. We've also worked with the Magnolia Park homeowners, and we have some requests that they have made from us, which we have agreed to. Jeffrey Bash was to be here, or he may be here shortly. But I can tell you what those conditions were. He wants -- they want only an entrance on the alley into the development that we're proposing to build. They want -- we already have a waiver and entitlement approvals for the project. Andl understand this is not a zoning hearing, but I wanted you to at least see the project that is being built there and see the relationship of the alley to the parcels where that single homeowner's space is being -- project is being built. The neighborhood wants to make sure that the entrance to the project is here on the alley. And then there is a street that comes across -- can I see the other? Okay, thanks. The alley -- this is -- a portion of the alley is within this entrance road to the project. Commissioner Carollo: Where's Biscayne Boulevard? I'm sorry. Where's Biscayne Boulevard? Ms. Garcia -Toledo: All the way over here. There is -- this is part of the new proposed development. This is the parking area for that office building, and then the office building sits right on Biscayne Boulevard. And to give you perspective, 38th Street comes off Julia Tuttle with City of Miami Page 17 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 a light; this is the next parallel street to the north. So the alley would be within -- fall within the driveway that enters the space. The alley continues to the west and exits on Biscayne Boulevard. What we're doing is we're leaving the alley in place through this alternative closure process, but we're putting a gate at the entrance of this alley so there will be no traffic going out on Biscayne Boulevard whatsoever. We're expanding the space of the alley into the private property so that we can create an enclosed neighborhood of single-family homes. The single-family homes here is what you're seeing in that project, which has already been approved by waiver by your Planning & Zoning Department. So basically, what we're asking is for that closure. Now, the neighbors would like for us to commit to the fact that the entrance will be on the side and that all the exits would be on the east side of the project. We have absolutely no problems with that. We will submit back to Planning & Zoning to make this entrance narrower so that it's only the width of 18 feet instead of 25 to make sure that vehicles cannot exit there. That's what the neighbors want. In the declaration of condominium, we will also agree with the neighbors to put a restriction as to entrance to the west side of the project and exit on the east. Mechanical devices will be created for the gate that will be installed so that we only operate as an entrance and not as an exit. We will also -- I have agreed with the neighbors that there is another alley in their neighborhood that runs between 38th and 39th Street, from south to north, which, because it's a private alley, has really not been maintained by the City, and it's in very bad shape. We have agreed to refurbish or improve that, consistent with the standards of your City Code for public work alleys. That is all that they have asked us, and we have agreed to all of that. So I'm here for any questions. Chair Gort: What you're stating here now is that you're going to comply with all of the neighbor's requirements? Ms. Garcia -Toledo: Exactly. Chair Gort: On the record. Ms. Garcia -Toledo: On the record. Chair Gort: Thank you. Yes, sir. Commissioner Carollo: Mr. Chairman. Ms. Garcia -Toledo, question, andl got a few. You mentioned that a lot of the neighbors were in favor of this, and you had either letters or they -- Ms. Garcia -Toledo: Yes. Commissioner Carollo: -- signed petition. How come none of that was in our backup? Ms. Garcia -Toledo: We were talking to the -- you know, like everything, everything gets left for the last minute, right, 'cause everybody's very busy. So my client and the neighbors have been talking through the last two weeks, and the last agreements on points were done last night, late last night. It's between us and the neighbors. You know, it's not part of the City requirements. We're just voluntarily proffering that we will do what the neighbors have asked us to do. Chair Gort: Let me ask a question of Public Works. The City of Miami does not have any jurisdiction on this. This is a private home? Mr. Ihekwaba: Yes. This -- Mr. Commissioner, Zerry Ihekwaba, Public Works director. This is essentially a private alley. This is a private property. The only condition Public Works wishes to clam is that we need a determination made before we sign off on any development or building permits as to the status of the private alley. And for the record purposes, we've reached out to the County, Miami -Dade County, and they've also stipulated in writing that the County does not have any interest in a private alley. City of Miami Page 18 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Thankyou. Yes, Commissioner. Commissioner Carollo: Could you define "a private alley"? So the City doesn't own it at all. It is owned by the different landowners? Mr. Ihekwaba: Yes. Ms. Garcia -Toledo: Exactly. Mr. Ihekwaba: Mr. Commissioner, you are -- Commissioner Sarnoff. No. Mr. Ihekwaba: -- absolutely correct. Commissioner Carollo: I've seen one of the Commissioners waving his head, so -- Commissioner Sarnoff. It's not owned by the other private land owners. Ms. Garcia -Toledo: It's -- Mr. Ihekwaba: IfI may -- Commissioner Carollo: Who owns that alleyway then? Chair Gort: Right in front of the -- Mr. Ihekwaba: Can I come in? Clearly, reaching in the subdivision plat of 19 -- revised subdivision plats of 1918 -- I believe 1916, clearly says that it is understood that in filing this plat for record purposes, that the streets, or driveways, or parks, and the related are not dedicated in any wise to the public, but for the use and benefit of the lot holders. Commissioner Suarez: Yeah, it's like an easement. Mr. Ihekwaba: So you -- Chair Gort: Thankyou. Mr. Ihekwaba: -- it say privately held -- Ms. Garcia -Toledo: Of the lot owners -- Mr. Ihekwaba: Please. Chair Gort: Excuse me. Through the Chair, please. Ms. Garcia -Toledo: Yes. Chair Gort: Are you finished? Mr. Ihekwaba: So it's clearly from the Magnolia Park, the second amended plats of Magnolia Park, dated March 8, 1916, that this is essentially dedicated for the use of the lot holders within Magnolia subdivision. It does not vest any property rights to the public -- City of Miami Page 19 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: I move it. Mr. Ihekwaba: -- or to the City. Commissioner Suarez: I move it. Chair Gort: Thank you. Any further questions, Commissioner Carollo? Commissioner Carollo: Mr. Chairman? Chair Gort: Yes. Commissioner Carollo: Yeah, can you repeat that, I'm sorry, before we have a public hearing? Mr. Ihekwaba: It says: "It is understood that in filing this plat for record purposes, that the streets, or driveways, or parks, or related are not dedicated in any wise to the public." It is not dedicated in any wise to the public. Commissioner Carollo: Okay, so -- Mr. Ihekwaba: Plus -- Commissioner Carollo: Stop right there. So why is it coming to us for approval? Mr. Ihekwaba: If you -- Mr. Commissioner, if you look at the City Code in 54 -- Commissioner Carollo: Uh-huh. Mr. Ihekwaba: -- it clearly say -- 54-16(h), it made a stipulation on the disposition of public alleys or other types of alleys. So we, within our own interpretation, feels that this falls within the definition of "other types of alleys." Commissioner Carollo: So even though it's a private alley that we really have no say, from what I'm hearing, very little say? Mr. Ihekwaba: Well, in terms of what's -- I'm just reading -- Commissioner Carollo: We don't need to approve it. Mr. Ihekwaba: -- my understanding that it's to the lot holders. That's why it say public hearing. Ms. Garcia -Toledo: IfI may clarify -- Commissioner Carollo: And do we have somethingfrom all the lot holders? Ms. Garcia -Toledo: -- through the Chair? Chair Gort: Wait a minute. Wait a minute. Are you finished? Commissioner Carollo: Yeah. Do we have somethingfrom all the lot holders? 'Cause I know you represent a parcel, but I'm not sure about the other parcels that -- Ms. Garcia -Toledo: Well, I represent about a third land wise and about a third of the -- all the parcels within the Magnolia Park subdivision. A subdivision of plat was made, and that is under the authority of your Public Works Department, so that's why we're here. They have a list that's City of Miami Page 20 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 been compiled through the years of alleys throughout the City ofMiami that are either dedicated to the public through the City or they are private alleys for -- and then it defines that private alley is for the benefit of maybe just a block, or a subdivision, or a neighborhood or, you know, whatever. And that's what is referred to as "a private alley." Commissioner Carollo: Right, but what about the other two-thirds? Ms. Garcia -Toledo: The other two-thirds received notice of what we were trying to do. That was sent out by your Public Works Department. The leadership of those neighborhoods that were in any way affected directly or indirectly -- because, for example, Bay Point is not part of the Magnolia Park subdivision. However, they are getting the bulk of -- I -- we have a picture of the graffiti and people climb from that vacant lot, the wall into Bay Point, and vandalize their vehicles, and break into their homes, so they're directly affected negatively by having this alley there, and they've been trying to get this alley closed for years. So this was a faster way, this alternative method, especially because it's a private alley. And my client owns all the property on Magnolia Park on both sides of this alley, where there is two sides and along one side where this is one side. So the neighborhoods were notified officially by your Public Works Department, not once but twice, and the leaders of those -- ofMagnolia Park have been meeting with my client and are fully in support of having the site developed with this project. Because of the transition -- and if you -- the reason I mentioned for those of -- to try to get to where this is located, this is located right off the ramp ofPulia Tuttle where we have an entire encampment of individuals; that in order to get to the closest point to buy food, which is the Publix on 43rd or 42nd -- Chair Gort: Biscayne Boulevard. Ms. Garcia -Toledo: -- they cut through this empty lot and, if it wasn't for the awareness -- andl have to give, you know, Jeffrey Bash again, because he's watching all the time, but there's been -- there was even an attempt on a little girl on a bike by one of these individuals that was cutting through that was thwarted by Jeffrey being aware and watching out his window, so everyone supports this fully. Mr. Ihekwaba: Mr. Commissioner, can I come in just for information? Commissioner Carollo: Real quick, when were these pictures taken? Were these recently, or how long ago were these pictures taken? Ms. Garcia -Toledo: The first one was the previous set of graffiti that was painted over and taken out, and the picture with the blue is the most recent. I believe it's there now. Commissioner Carollo: No, it's -- Ms. Garcia -Toledo: One is three months before, and the other one was from yesterday. Now, obviously -- Chair Gort: Commissioner, let's hear from -- yes, sir. Mr. Ihekwaba: For the record purposes, the Miami City Commission back in 2005 had approved the vacation and closure of this alley as part of the devoted plats. And the PZAB (Planning, Zoning & Appeals Board) had previously also approved it back in 2005. Chair Gort: Thank you. Mr. Ihekwaba: What had happened is that that approval had expired, because, pursuant to City Code Chapter 55, a closure approval by the Commission expires after four years. That is why City ofMiami Page 21 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 they're here again. Ms. Garcia -Toledo: And that -- ifI may? Chair Gort: Excuse me. Are you finished? Commissioner Carollo: No. I have another question. Chair Gort: Okay. Commissioner Carollo: You're saying people are using it right now to go to Biscayne Boulevard, because on 39th Street, it's actually closed? It's fenced off already. Not on Biscayne Boulevard; on 39th Street. Ms. Garcia -Toledo: On 39th Street. Commissioner Carollo: The ` L. " Okay, I'm not talking about the beginning, which is the Biscayne Boulevard entrance. I'm talking about the entrance on 39th Street, it's fenced off you can't go through there. Ms. Garcia -Toledo: They still jump the fence, 'cause there is no -- no one living there. There's no eyes on the street on that side of the area, and it's a dark area at night, so they -- the -- as you can see, that larger parcel, it's this entire frontage on 39th Street. Commissioner Carollo: Right. Ms. Garcia -Toledo: And then -- Commissioner Carollo: That's all fenced off. Ms. Garcia -Toledo: -- this way. Commissioner Carollo: Yeah. Ms. Garcia -Toledo: It's -- we -- at the request of the neighborhood, we fenced that off when -- at the time, but I believe that the alley portion doesn't have a fence in the front of it. Commissioner Carollo: Yes. I have a picture of it. It doesn't. Ms. Garcia -Toledo: Did you? I haven't been out there in a while, so -- Commissioner Carollo: Where it doesn't have the fence is on Biscayne Boulevard. Ms. Garcia -Toledo: Correct, so it's back and forth. And this can be jumped easily. I think it's a five-foot or six-foot fence. Chair Gort: Any further question? Commissioner Carollo: No. It just seems like this one parcel is going to be having access to in and out, ingress and egress, in the future, because I think this apartment building or condo -- I don't know exactly how you would call it, but it's going to be the only who's going to be able to have any ingress and egress, and that's why I want to make sure from the other two-thirds owners that they're okay with it. And, you know, when you mentioned as far as the residents or the owners, I would have liked to see something, you know, more specific in writing in the backup because of that. I just don't want to make a decision based on one-third owners, and then the City of Miami Page 22 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 other two-thirds, you know, a year down the road come to us and, "Hey, I didn't" -- "We didn't know anything, Commissioner. How could you have approved this?" Blah, blah, blah. "No one told us anything." So that's why I'm being a little bit more -- Ms. Garcia -Toledo: I think some of the neighborhood -- Magnolia Park neighborhood leadership is here, so if you'd like to hear from them. Chair Gort: Let me hear from the Commissioner -- Ms. Garcia -Toledo: Okay. Chair Gort: -- of the district. He's been waiting to -- Commissioner Sarnoff. Yeah. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Well, first off you want to have eyes and ears on the street, 'cause that's something that obviously -- you know, when you don't have eyes and ears on the street, things happen. Andl don't know if anybody remembers, but there was a rape up in that particular part of the district about four years ago, andl know Manny Morales was then the commander. They ended up catching the guy very close in proximity, and he did use that alleyway to make some of his exits, you might say. So, obviously, it's good -- best practices to have eyes and ears on the street, but I think have a possible scenario that might satisfy the Commissioners, and if not, we can bring this back until Ms. Toledo brings back 100 percent of all the people signing up. I have no problem with that either. But the motion I would make for today is that we would approve this, subject to GL Real Estate Development, T,T C (Limited Liability Company), fulfilling all the terms and conditions under which they have proposed to the neighborhood association; the failure of which would be the immediate voiding of this resolution; and that in the event GL Real Estate Development, LLC goes before the City for any permitting for any of these projects and the failure to fulfill their promises and terms and conditions they've made, that the City would immediately suspend any permitting process. Chair Gort: Okay, let me finish the public hearings, then, andl think Commissioner Suarez wanted to speak. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I'm a little bit confused as to the debate, but -- I mean, for me, I'm not a big fan of alleys, period, whether they're owned by the public, whether they're owned privately, whatever. We do a horrible job of maintaining our public alleys. A lot of crime, a lot of drugs are done in our public alleys. So there's a lot of things we don't do well as a government. One of them is we don't take care of our alleys very well, andl would say that's one of the worst things that we do as a government, so I'm not a very big proponent of -- I think we should deed back all the -- every single alley in the City ofMiami. I hate to sound extremist, but I think it should go to private property owners that are willing to take care of them, and are willing to police them, 'cause we just don't do a good job of it, you know. In fact, alleys, from a real estate perspective, in most cases, are really a private property owner giving the City ofMiami property so that the public can have access to that property, or to other properties, or through that property. So, you know, the citizens, whoever gets back an alley are not getting anything; they're getting back their own land that they gave at some point to the public good, and they're just getting it back. So -- andl just get confused sometimes with these debates. I don't know who else would be impacted by this. It's hard to tell. But, you know, again, that's kind of my position on alleys generally. Chair Gort: My understanding, we have a representative from the neighborhood. Yes, sir, you're recognized. City ofMiami Page 23 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Jeffrey Bash: Yes. My name is Jeffrey Bash. I live at 448 Northeast 39th Street. I apologize for arriving late, and perhaps, I need to be sworn in. Commissioner Suarez: Yeah, we'll reconcile that. Chair Gort: No, no, you don't have to be -- Commissioner Suarez: Appreciate that. Chair Gort: This is not a zoning matter, no, no. Mr. Bash: Okay, great. I would just like to say that and remind -- perhaps it's already come up prior to me being here, but all of the neighbors received a courtesy notification from the director of Public Works, and in my neighborhood there's very few owner -occupied properties, and I'm one of the three single-family homeowner -occupied residents. I know Commissioner Sarnoff well, and he knows my neighborhood well. And most people there are landlords of less desirable type and all -- it's a very neglected area. This gentleman, Mr. Tagle, has -- and his team have gone to great lengths to make one of the very first efforts to improve our neighborhood, and their request is very important. I have a gate in front of my house, and the other two homes, which you have letters of support from have gates in front of their homes, okay? Beautiful, nice, as Mr. Tagle proposes. So being that all of the neighbors did receive this courtesy letter for them to come here today, or provide a letter, or show any interest, they have all had that opportunity. And if there's anything further that I can do -- and my neighbors are -- the ones who have a interest, they have provided letters for you supporting it. And so if there's anything else that we could do, we're here to help this developer who's gone to great lengths to improve the neighborhood, and we support this request, okay? Chair Gort: Thankyou. Thankyou, sir. Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I live very close there, andl frequent. Not only that, I know the neighborhood; been here 52 years soon. Andl remember when 3901 Biscayne Boulevard was the FBI (Federal Bureau of Investigations) building before they moved to Memorial Highway long time ago, I remember. And then the Chief of Police with a car hanging there and all that, and that's -- andl delivered the mail over there too, so I know it's bad. And anything that's to improve and bring tax revenue to the City to hire more police, and pay the police, and give back to the police the money they took away from them; that many people are leaving the police force and going to other departments, so I'm saying am for that 'cause that's good. Anything to improve the neighborhood, andl go there -- around there. I used to go to the Robin Hood restaurant with the Shell Station, and now I go to Denny's on the corner of 36 on the boulevard. So, you know, it's a good neighborhood, okay. I can't afford Bay Point, but, you know, it's all right. Thank you. Chair Gort: Thankyou, Mr. Cruz. Anyone else in the public? Anyone -- okay, we'll now close the public hearings. My understanding is we have two -- Commissioner Suarez: Competing motions, yeah. Chair Gort: -- competing motions. Commissioner Suarez: I'll withdraw my motion in favor of the -- Chair Gort: You'll withdraw your motion? Commissioner Suarez: -- district Commissioner's motion. City of Miami Page 24 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Well, your motion was not second, so there's a motion by Commissioner Sarnoff. Is there a second? Commissioner Carollo: I'll -- Commissioner Suarez: Second. Commissioner Carollo: -- second with discussion. Chair Gort: Okay, motion; second. Discussion. Commissioner Carollo: The only thingl want to see if there could be afriendly amendment to Commissioner Sarnoffs motion; that not only be the residents, but only property owners and -- I don't know. Like I said, this wasn't in our backup, but in this strip of -- the other two- thirds of the owners that could be affected by the closure of this easement in the future. Commissioner Sarnoff Well -- Commissioner Carollo: Do you understand what I'm saying? Commissioner Sarnoff Yeah. And I'm okay, if you want to bring this back so that -- 'cause I -- the motion itself suggests that she just fulfill, and don't mean to use you in -- but that could they -- I know where you're talking about, right there. Right -- Unidentified Speaker: Yeah, I know. Commissioner Carollo: See, if they're here -- Chair Gort: My understanding, the question is -- Victoria Mendez (City Attorney): If we could just say it on the microphone, Commissioner. Commissioner Carollo: I don't know how to describe it. I'm better with the pictures. That's why I wish this was in our backup, but according to the diagrams ofMs. Garcia -Toledo, I believe she's representing these property owners, correct? And this is where you want to have the building? Ms. Garcia -Toledo: I am representing all of the owners -- Chair Gort: Yeah. Ms. Garcia -Toledo: -- next to the alley, on both sides of the alley. Commissioner Carollo: So you're talking all these owners. Ms. Garcia -Toledo: We -- the owner of this proposal that we just had up for you to see, the proposed development, and the owner of the building at 3901 Biscayne -- Commissioner Carollo: Okay. Ms. Garcia -Toledo: -- are one in the same. There is only a 2,300 square foot building that sits right on the -- Commissioner Carollo: On Biscayne Boulevard. City of Miami Page 25 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Ms. Garcia -Toledo: -- corner on Biscayne and the alley that is not owned by my client, and that person joined in our request to close the alley. In fact, that building is so small, it doesn't have its own parking, and so our client gives parking to that individual. So everything that is abutting the alley on the Magnolia Park site, all of those lands are owned by my client. Commissioner Carollo: Okay, so from here to here? From here -- Ms. Garcia -Toledo: From here to down. Commissioner Carollo: -- to here and down. So this whole -- for the exception of what you mentioned, this little piece. For the exception of this. Ms. Garcia -Toledo: There's a tiny -- Chair Gort: In the mike, please. Commissioner Carollo: Right. That tiny -- Chair Gort: In the mike. Commissioner Carollo: Okay, that building. But everything else, you're representing them? Ms. Garcia -Toledo: Yes. Commissioner Carollo: Okay. Ms. Garcia -Toledo: Yes, everything else is owned by my client; I represent them, and the little piece -- Commissioner Carollo: Understood. Ms. Garcia -Toledo: -- joined in our request. Commissioner Carollo: Understood. Ms. Garcia -Toledo: And Ms. -- Commissioner Carollo: I don't need an amendment then, Mr. -- Commissioner Sarnoff, andl second your motion. Chair Gort: Vice Chairman. Vice Chair Hardemon: Yes, I have some unreadiness to the motion, because I just wanted to have clarification from Madam Attorney. Is it possible that the Commission can direct the permitting board to hold or deny a permit? Is that something that we can do from the dais? Ms. Mendez: When you say -- you mean just a building -- the building permit, when it's issued on any of these -- is that what you're asking? Vice Chair Hardemon: Right. I mean -- andl'm speaking in reference to Commissioner Sarnoffs motion. We want to make sure that (UNINTELLIGIBLE). Ms. Mendez: Right, with the conditions. Well, that's what -- and you apparently read my mind, andl'm going to ask you for the Lotto numbers later, because I just wanted to confirm with Ms. City of Miami Page 26 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Garcia -Toledo that these conditions are fine with her and her client. Ms. Garcia -Toledo: Yes. I read the conditions into the record and have proffered them on behalf of the property owners, as is voluntary proffered to agree to what we have negotiated with our neighbors. Ms. Mendez: Great. And then what we will do is that we will -- this will be a motion as modified, and we will place this into the resolution, all these conditions that have been proffered into the record and have been read into the record. Vice Chair Hardemon: Now, with that being said, I have no further unreadiness. Chair Gort: Okay. Any further discussion? Commissioner Carollo: Yes. One last thing, Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: If one of these pictures was taken yesterday -- if it was taken yesterday -- then I think Code Enforcement needs to go over there and -- It's Sarnoffs ordinance, right? Or you're the one who pushed for it -- he needs to go over there and make sure that, you know, area is painted and it doesn't look like that. Ms. Garcia -Toledo: It -- Commissioner Carollo: If the picture was taken yesterday. Ms. Garcia -Toledo: IfI may, that wall belongs to Bay Point, but we have been painting it over for them. So just like we did three months ago with the last bit of art, we will take care of painting that wall again. Vice Chair Hardemon: Mr. Chairman. Commissioner Carollo: Thank you. Chair Gort: Thankyou. Yes, sir. Vice Chair Hardemon: I believe, if you look closely at one of the pictures in red, I believe that says " Sarnof" on it. Commissioner Suarez: Does it have the date too so we can --? Chair Gort: Any further discussion? Commissioner Suarez: -- settle that today? Chair Gort: Any -- Commissioner Sarnoff But it says "vote for." Chair Gort: -- further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Thankyou. City of Miami Page 27 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Ms. Garcia -Toledo: Thank you. Chair Gort: Beautiful project; need to in that area. Okay, next. I mean, we discussed this a long time. END OF PUBLIC HEARING ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 13-01412 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/ SECTION 54-191 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/TEMPORARY ENCROACHMENTS", TO EXEMPT OWNERS OF SINGLE FAMILY AND TWO (2) FAMILY RESIDENTIAL PROPERTIES FROM PROVIDING INSURANCE AS A CONDITION FOR THE CONSTRUCTION OR INSTALLATION OF A FENCE, WALL OR HEDGE IN THE UNDEDICATED PORTION OF THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01412 Summary Form SR.pdf 13-01412 Legislation SR (Version 2).pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13428 Chair Gort: PH.4, that's it. Commissioner Carollo: SR.1 Chair Gort: FR.1, it's been move out. FR.2. Nicole N. Ewan (Assistant City Clerk): SR.1. Commissioner Carollo: No, SR.1. Chair Gort: SR.1. I'm sorry. Second reading. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. SR.1 is an ordinance to amend Miami City Code Section 54-191 to exempt owners of single-family and two-family residential property from providing insurance as a condition for construction or the installation of a fence, wall, or hedge in the undedicated portions of the street right-of-way. This item was passed on first reading at the January 9 Commission meeting with revisions, and those revisions have duly been noted and included in the revised copy. Chair Gort: Okay. This is a public hearing. Is anyone in the public would like to address this issue? Showing none, seeing none, close the public hearings. Any comments, Board Members? Commissioner Carollo: Move it. City of Miami Page 28 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 FR.1 13-01426 Office of the City Attorney Chair Gort: It's been moved by Commissioner Carollo; second by Vice Chairman Hardemon. It's a -- Victoria Mendez (City Attorney): It's an ordinance. Chair Gort: -- ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Roll call. Ms. Ewan: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Ms. Ewan: The ordinance passes on second reading, 4-0. Chair Gort: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ ARTICLE II/ SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE, TO CLARIFY WHEN MEMBERS OF THE PUBLIC MAY SPEAK ON PROPOSITIONS BEFORE THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01426 Memo - Office of the City Attorney. pdf 13-01426 Senate Bill 50.pdf 13-01426 Legislation (Version 2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon FR.2 13-01424 Department of Planning and Zoning Note for the Record: Item FR.1 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23, ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION", MORE PARTICULARLY BY AMENDING SECTION 23-6.1 ENTITLED "WAIVERS, EXCEPTIONS, AND EXCLUSIONS FOR LOCALLY DESIGNATED HISTORIC RESOURCES", TO ALLOW THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCEPTIONS FOR RESTAURANTS, City of Miami Page 29 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 PRIVATE CLUBS, AND LODGES AS ALLOWABLE USES, EXCEPT IN T3 (SUB -URBAN) AND T4 (GENERAL URBAN) TRANSECT ZONES, THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01424 Summary Form SR.pdf 13-01424 Legislation SR (Version 2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: FR.2. Victoria Mendez (City Attorney): This is the Historic Preservation -- thank you. Francisco Garcia: Commissioners, Francisco Garcia, Planning and Zoning director. Item FR.2 is a proposed amendment to the City Code. This is in the Historic Preservation section. And it is to allow for restaurants, clubs, and lodges as adaptive reuses for already -designed historic properties, and only if they are in zoning designations ofT5 and above, so it would be in the urban zoning designations, not the residential or low -density designations. In addition to that, in reviewing this ordinance, we identified some concerns regarding parking, and we are addressing those by virtue of requiring that the parking plan, unless it is in full compliance with the ordinance, the parking plan should be approved only through a warrant process. The warrant process, of course, allows for design review and it is also appealable to the Planning, Zoning and Appeals Board. May I answer any questions? Chair Gort: Thank you. This is a public hearing. It's open. Public hearings. Anyone like to address this issue? Seeing none, showing none, close the public hearings. Board Members. Commissioner Sarnoff. Mr. Chair, I'd like to move this item. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion. Being none, all in favor, state it by saying "aye." Commissioner Sarnoff. No, ordinance. Commissioner Carollo: It's an ordinance. Nicole N. Ewan (Assistant City Clerk): It's an ordinance. Chair Gort: An ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Ewan: Roll call on FR.2. Vice Chair Hardemon? Vice Chair Hardemon: For. Ms. Ewan: Commissioner Carollo? City of Miami Page 30 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 FR.3 13-01347 Department of Procurement Commissioner Carollo: Yes, on first reading. Ms. Ewan: Commissioner Sarnoff? Commissioner Sarnoff. For. Ms. Ewan: Chair Gort? Chair Gort: Yes. Ms. Ewan: Ordinance passes on first reading, 4-0. Chair Gort: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY CREATING SECTION 18-118, ENTITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND BY CREATING SECTION 18-119, ENTITLED "UNSOLICITED PROPOSALS", TO CODIFY THE PROCUREMENT PROCEDURES TO BE USED FOR PUBLIC -PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS CONSISTENT WITH SECTION 287.05712, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01347 Summary Form FR.pdf 13-01347 Final Bill Analysis.pdf 13-01347 State Statute 287.05712. pdf 13-01347 Legislation FR (Version 2).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item FR.3 was deferred to the March 13, 2014, Regular Commission Meeting. Chair Gort: Okay, also we have PZ.3 [sic]. ToddB. Hannon (City Clerk): FR.3, sir. Commissioner Carollo: FR.3. Chair Gort: FR. 3. Mr. Hannon: Yes, sir. Victoria Mendez (City Attorney): We're going back to the regular? Mr. Hannon: We're on the same agenda. Ms. Mendez: That's right. Thank you. City of Miami Page 31 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Mr. Hannon: So we don't have to switch or anything. Yes, ma'am. Ms. Mendez: Thank you for claming that. Commissioner Suarez: Are we on 7 now, PZ 7, or (UNINTELLIGIBLE)? Commissioner Carollo: FR.3. Commissioner Suarez: Mr. Chair, can I say something before --? Chair Gort: Yes. Commissioner Suarez: This was one of the ones that was going to request a deferral on. I don't know if any of my colleagues feel similarly, but this amendment to the Code references State statute, and I think there are -- I mean, there's a variety of reasons why I would request that it be deferred, but one of them is the fact that there may be things in the State statute that it refers to that we don't want to incorporate into the Code. And then there's some issues relating to procedural due process on when the State will amend its statute, and whether or not that will be an automatic amendment of our ordinance. Those are the issues I had. There was a couple of other ones, but I don't know if my colleagues feel similarly or not, and if they do, then we can defer it; if they don't, we can hear. Chair Gort: What is the wish of the Commission? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: At least from my point of view, I feel the same as Commissioner Suarez; however, I don't mind hearing it today if that's the will of the Commission. Commissioner Suarez: That's fine. Chair Gort: Anyone else? Commissioner Suarez: Can I make a --? I mean, if the deferral is okay with the body, I would specifically request two meetings; in other words, not just one meeting, but two meetings to work through some of the drafting issues thatl have, if that's okay with everyone. I'll make that a motion. Mr. Hannon: Commissioners, my apologies. Are you looking at the March 13 meeting? Did you want to defer it to March 13? Commissioner Suarez: Well, is that two -- you know, not the next meeting, but the following one. Mr. Hannon: Oh, so you want to do it to the following one. Commissioner Suarez: Correct. In other words -- Commissioner Carollo: February 27, I think. Mr. Hannon: So you want -- Commissioner Suarez: I may not be there because my son is slated to be born on February 24, City of Miami Page 32 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 but we may want to maybe make it the one after that. Mr. Hannon: That would be March 13. Commissioner Suarez: Okay. Is that okay with the rest of the Commission? Thank you. So move. Commissioner Carollo: Second. Chair Gort: Okay, there's a motion and a second; any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. It's paternity leave, right; take some paternity leave? END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 13-01423 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 381313, FOR THE PROVISION AND ADMINISTRATION OF THE ENTRY-LEVEL EXAMINATION PROCESS FOR THE CLASSIFICATION OF FIREFIGHTER -EMT, THAT I/O SOLUTIONS, INC., IS THE HIGHEST -RANKED FIRM, FOR THE DEPARTMENT OF HUMAN RESOURCES ("HUMAN RESOURCES"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE HIGHEST -RANKED FIRM, I/O SOLUTIONS, INC., FOR HUMAN RESOURCES, FORA PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST -RANKED FIRM, BARRETT & ASSOCIATES, INC.; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST RANKED FIRM TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD HIGHEST -RANKED FIRM, FIRE & POLICE SELECTION, INC.; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD -HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE FOURTH HIGHEST -RANKED FIRM, PSYCHOLOGICAL SERVICES, INC. (PSI); FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE FOURTH HIGHEST -RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. City of Miami Page 33 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 13-01423 Summary Form.pdf 13-01423Award Recommendation Form.pdf 13-01423 Memo -Recommendation of Evaluation Comm..pdf 13-01423 Memo - Selection of Evaluation Comm..pdf 13-01423 Legislation.pdf 13-01423 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0030 Chair Gort: FR. 3. Commissioner Carollo: FR.3, I think, is a time certain for 4: 30. Victoria Mendez (City Attorney): Correct. Chair Gort: I didn't have that, okay. Then we go to RE (Resolution). RE.1. Amy Klose: Good morning. Amy Klose, director of Human Resources. RE.1 is a resolution accepting the recommendation of the City Manager; approving the findings of the Evaluation Committee to provide and administer the examination process for the classification of entry-level firefighter EMT (Emergency Medical Technician); further authorizing the City Manager to negotiate and execute a PSA (Public Service Announcement), in substantially the attached form, with I/O Solutions. Chair Gort: Okay. Commissioner Sarnoff. So moved. Chair Gort: Been moved -- Commissioner Carollo: Second. Chair Gort: -- by Commissioner Sarnoff second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye.' The Commission (Collectively): Aye. Ms. Klose: Thank you very much. RE.2 RESOLUTION 13-01413 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Waste PROCUREMENT OF RECYCLING SERVICES, FROM CHOICE ENVIRONMENTAL SERVICES OF BROWARD, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING BROWARD COUNTY BID CONTRACT NO. G0924908B1, EFFECTIVE THROUGH DECEMBER 31, 2016, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY BROWARD COUNTY. City of Miami Page 34 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 13-01413 Summary Form.pdf 13-01413 Back -Up Documents.pdf 13-01413 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0031 Chair Gort: RE. 2. Keith Carswell (Director, Solid Waste): Good morning. RE.2 is an award of a piggyback contract with Choice Environmental Services, which has been renamed to Progressive Waste Solutions for processing the City's recycling material. Choice Environmental bidded on a contract in Broward County. Choice then merged with WSI, Waste Services, Inc., and Waste Services changed its name to Progressive Waste, so that's the name change. But other than that, it's the same entity. We're actually utilizing a transfer facility, which is where we were going to with the contract that we had with WSI. Chair Gort: Okay. Thank you. Commissioner Sarnoff. So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Carollo. Discussion. Yes, sir. Joe Simmons: Just a quick comment. Just for the record, this item, we understand, is for receiving services, receiving our material, and we're going to continue to collect the material, as stated -- as current. Because there was a item that talks about residential and commercial collection, we want to make sure that, for the record, Solid Waste employees going to continue to collect that material in the residential areas. Chair Gort: That was my understanding. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Mr. Carswell: That is correct. Commissioner Carollo: Yeah. Andl think -- you know, I think we should add a little bit more to the record. The reason why we're doing this is because, right now, with the company that we're doing the recycling with, we had some type of contract that we needed to have only 10 percent or less of dirty recycling trash, and it appears that we have more. Commissioner Suarez: Way more. Commissioner Carollo: And -- way more, and therefore, we need to go to another vendor, which is Choice, correct? Mr. Carswell: Correct. Commissioner, there's a State provision that, basically, when you look at recycling, if it exceeds 10 percent of contamination, then it's considered garbage, even though City of Miami Page 35 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 it's a recycling program. So the contents of the container, if it exceeds 10 percent of contamination, even though it's a recycling program, it's considered garbage. And so we have -- we were -- Waste Management, under the contract, advised us of the concern. We met with them for a period of probably a good month and a half trying to resolve the contamination issue. We mutually agreed to part ways. We didn't get to a point where we were in default. I'm not -- one could interpret. We didn't get to that point that the City was in default. And once being notified whether or not we took measures to resolve the issue of default, we never got to that point. We worked amicably with them. They're actually here in support of this. We actually looked around in terms of options for the City. We looked at the contract with Miami -Dade County, which pays $12.47 a ton for 95 percent of the waste. The contract with Progressive, or Choice, as is noted here, actually, currently pays us $29 a ton for the material. It is subject to market. In looking at the six-month history under the contract with Broward County, it hasn't been below $22 a ton. We will continue to collect the recycling curbside by the Solid Waste employees. We will take it to a -- one of maybe two facilities in Dade County that you can take it to, 'cause it's pretty much a captive market, and Solid Waste employees will continue to collect the material and take it for transfer. Chair Gort: I think recycling -- Commissioner Suarez: Mr. Chair. Chair Gort: -- is becoming very important, andl think you should explain the savings for the City ofMiami, and not only in the tonnage put away that we have to pay for it, but the amount of money that we receive, the revenues that we receive. Mr. Carswell: Right. Chair Gort: At the same time, I've always stated we need educational program. Mr. Carswell: Yes. Chair Gort: Like a lot of people don't understand. Contamination could be -- let me give you a simple example. Contamination could be you get a pizza, you get the box; the box, you can recycle it, but it's got ingredients inside so that is considered contamination. So I think it's very important that we continue to send letter and -- In my home, I know my wife always cleans out all the bottles and everything. You do that, the only way it is accepted. Commissioner Sarnoff. Mr. Chair. Mr. Carswell: Right. Chair Gort: Yes, sir. Commissioner Sarnoff. You know, a bit of irony. I don't know how many people here -- most of us put plastic containers in their garbage and, equally, plastic containers in our recycling. So who puts plastic containers in here? No one. Not that many. All right, if you put a plastic container in your recycling and you put just plastic clean bottles that even your wife, you know, cleaned out, and they go in that and get tied up, as most of us do, that is considered unacceptable recycling, and that's what's creating this 30 percent as opposed to 10 percent. And somehow, we need to educate everyone, because we try to figure out, "Well, isn't there a way that they can just accept, you know, the plastic bottles that are all wrapped up in the plastic container?" And the answer is "no," because of the way they shake it out of their system. So, you know, categorically, on the record, what the Chair's wife does is correct, and she's even so correct as to not put it in a plastic bag. Once you put that in a plastic bag, it becomes unacceptable waste, and that goes to our 30 percent, which required us then to get into a new City ofMiami Page 36 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 contract, period. So it's imperative that when we go to throw out our plastic bottles or anything else, we cannot bind that, if you will, in a plastic container and then put it in our blue recycling bin or the great big cans, I should say. So what seems -- it's a very counter -intuitive thing, 'cause most of us think, "You know what? I'm putting plastic inside of plastic. My gosh, what a great idea. This whole thing is now recyclable." As soon as we close that, it becomes unacceptable. Mr. Carswell: And -- Chair Gort: Commissioner Carollo. Commissioner Carollo: Yeah. I think education is the key. I don't know if with this contract we need to be so concerned as far as our contamination. But at the same time, we want to be able to recycle as much as possible, so I think education is going to be key. Andl think -- because I wasn't aware of what Commissioner Sarnoff just said, so I think education is going to be key, and we had money set aside for education. Mr. Carswell: Commissioner Sarnoff is absolutely correct. We -- the calendar got delayed this year. Typically, I would like to have had the calendar out two weeks ago. It should go out, hopefully, next week. There is an educational component on what goes in and what shouldn't go into the container. Additionally, we've purchased bumper stickers, 'cause plastic bags are an issue, and think of it from this standpoint. The recycle material goes to a facility, and there's a huge conveyer belt, and you have people standing on each side of the conveyer belt pulling materials that are discarded or shouldn't go into the works of the machine. Sometimes those plastic bags can be dark. They can have needles. They could have other types of materials that can be harmful to the workers that are standing on the conveyer belt. Also, beyond that, the machines, they have tumblers. The plastic bags actually gets wrapped around the gears, and so every so often, depending on the amount of contamination, they have to shut down the operation. It takes them about two hours; put someone in one of the conveyers and go and cut out the plastic bags that have kind of gummed up the works. So -- and so, it becomes a problem for those that are processing our recycling material from a safety standpoint with their workers, as well as a cost to shutting down production. Now, the benefit to the City, aside from the environment, which it extends the useful life of existing landfills, because now the material that would otherwise go into a landfill is now being reprocessed, reused; your milk containers, your aluminums, your cardboard, so all of that stuff is being recycled, which preserves resource -- the earth's natural resources. Now, the financial benefit is that for every ton that's taken to a recycling facility and doesn't go into a landfill, we don't pay the County somewhere around $80 a ton just to be -- dispose of it, and we pay the County somewhere in excess of $9 million a year just to take our garbage. So the more we recycle, the more we divert from a landfill, we're not only extending the useful life of the landfill; we're also saving the City money in terms of tipping fees, and then the added benefit is that we get revenue on the material. So we get, right now, $29 a ton. So if you take a look at the 80 -- let's say $80 a ton for disposal cost, plus $27 that we're getting for recycling, or 29, we actually saving a hundred and some dollars a ton. So it's something that's not only good for the environment; it's also good for the City's finances and also resources. Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you, sir. Yes. Commissioner Carollo: I want to ask, are we too far along the process to sort of maybe try to renegotiate with the current company that we have a contract with and maybe try an education, you know, type program so -- to see if we could actually bring that contamination down? I know it's quite high, but believe a lot of that is going to be plastic bags. I mean, I sort of wish we knew about this beforehand so we would have -- and we had the money set aside for education. City of Miami Page 37 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 We would have tried educating the public, because, as it is, I didn't even know about -- Commissioner Suarez: I didn't either. Commissioner Carollo: -- put -- including, you know, any plastic containers in a plastic bag, automatically that voids it; that that becomes contamination. Andl would think -- ifI don't know about it, Commissioner Suarez doesn't know about it, I would think most of the -- of our residents don't know about it, so I'm wondering, realistically, we're doing sort of a disservice that, you know, we shouldn't have used some of that money set aside for education to actually educate the public and try to see if we could continue with the current company, which -- Commissioner Suarez: That's giving us more money. Commissioner Carollo: -- it's a pretty favorable rate. Commissioner Suarez: Yeah. Chair Gort: Commissioner Suarez. Commissioner Suarez: No, I don't want to beat the dead horse. I mean, everyone's pretty much -- I think we're all in agreement that education is the key, because we were all startled when -- not really startled, but I think we were surprised in a certain way to see our citizens embrace this program so vigorously, and in an urban city, you know, sometimes you wonder, you know, are the elderly going to embrace it? You know, are -- you know, 'cause it's a new kind of thinking, and it's a new way of categorizing what you do on a daily basis. Just something to put in my -- andl agree a hundred percent with what Commissioner Carollo just said, particularly given the favorability -- I was a little disappointed when I first saw this item because it's costing us a lot of money, and my first thought was, is there any way that we can come into compliance? You know what mean? Is there a way that we can find the way -- andl don't know, because we do have a very large elderly population in the -- you know, and there may be a situation where they just have difficulty -- for example, if someone lives in an apartment on the second floor, maybe the only way they can transfer those bottles is in a garbage bag, and so then they bring it and they put it in -- and they don't really have the dexterity to unload the garbage bag and -- or bottle by bottle might take forever, you know, so there could be some practical issues there. I think we do, definitely, need to do a better job of educating. And one thing that I will put in the mind of the Commissioners -- andl did mention it to the Administration when I briefed -- right now, the way we have it structured is we do a recycling pickup once every other week and garbage pickups twice a week; is that correct? Mr. Carswell: Correct. Commissioner Suarez: Right. So we've always struggled with -- we never want to reduce services in the City ofMiami, because that's kind of a no -no, and it doesn't sound right, and it doesn't look right, but something to think about, to ponder, is the possibility of doing one garbage pickup and one recycling pickup per week, rather than two garbage pickups and one recycling pickup every other week. What that does is that encourages people to recycle, because they're going to be picking up their recycling more often, which creates revenue, and it obviously reduces our need to actually pick up garbage and spend $80 a ton, you know, on tonnage fees. So it kind of makes it a 50-50 game. And then you have, of course, the once -a- week bulky pickup, which I think a lot of people rely on, particularly in areas like the Grove where there's a lot of vegetation, which I don't think anybody would want to go away from at this point. But I think that could have a tremendous net savings, plus income to the City ofMiami, and obviously, combination with an educational campaign, you know, if we could keep that $40, you know, a ton -- it's a little frustrating. But look, these things are going to happen when you start a new program. I commend the director. The director had the vision, along with the former Chairman, City ofMiami Page 38 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 the Commissioner, to spend this money at a time when everyone thought it was crazy to spend millions of dollars on a big capital improvement, and it's paid back dividends, andl think our citizens are very appreciative of the fact that they can really recycle now, because before, it was just those little bins. Nobody -- I didn't even have one before, to be honest with you, which is kind of embarrassing to admit thatl didn't even have one of those little bins. Now everybody has one, and the people are embracing the program very much. Chair Gort: Commissioner Hardemon. Vice Chair Hardemon: Yes. In response to the garbage pickups less frequently, I'm not too sure about that. I mean, when I think back about -- when I think of the -- Commissioner Suarez: That's something to think about. Vice Chair Hardemon: -- when I think back into -- Chair Gort: I'm not either. Commissioner Suarez: Something to think about. Vice Chair Hardemon: -- the days in the County, especially in District 5 where garbage was piled all over the street -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- and there was a major -- Commissioner Suarez: Yeah, I -- Vice Chair Hardemon: -- concern and there was an urge, I believe, by a County Commissioner to bring your garbage to the County building and -- Commissioner Suarez: And just drop it right there. Vice Chair Hardemon: -- so I don't want -- Commissioner Suarez: Until they get the point. Vice Chair Hardemon: -- those type of problems for my community. However, I do have some questions in reference to the contract. When we look at page 25 of 64 within the contract, there is a reference to other government entities and it asks, specifically, the undersigned bidder will -- the question is, "The undersigned bidder will extend the same price terms and conditions to other governments located in Broward County during the period covered by this contract, if requested." The answer was "no." And then it further extends it to, "Will this pricing be extended to other governments located in Dade or Palm Beach Counties? And the answer is "no." And so my question then becomes -- andl don't know if, City Manager, you can help me with this -- is whether or not -- how was it possible that we are piggybacking from a contract that specifically stipulates that it is not -- the prices are not going to be extended? Pablo Velez (Procurement Supervisor): Good morning, Commissioners. Pablo Velez for the Procurement Department. Since it is a piggyback, we have to accept the very same terms and conditions that the contract provides, which goes to answer the earlier point regarding the potential of renegotiating rates or anything to that effect. It's not an option. Commissioner Sarnoff. I think his question might be a little different. City of Miami Page 39 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Yeah. Commissioner Sarnoff.. You don't -- can I take a shot? Chair Gort: Yeah. Commissioner Sarnoff.. Florida Statute -- I may need to give you the Florida Statute that says you can piggyback. So even though I think you're saying the contract says you can't, you can. We get the same terms and conditions as Broward would get in terms of rates and pay. Vice Chair Hardemon: So is that how you understand it to be? Mr. Velez: I'm sorry, Commissioner; if you could -- Vice Chair Hardemon: Well -- Daniell Alfonso (Chief Financial Officer/Assistant City Manager): Daniel Alfonso. Let me just clam. I think that the contract language says that we will not extend it, but if we reach out to that company and say, "Will you allow us to?" and they accept, then it is something that we can piggyback on, and they have accepted. Andl think that's the question that you asked. Vice Chair Hardemon: Okay, that's more clearly put. And then my second question -- I know there are a number of waste recycling contracts that are -- I mean, that have been negotiated in the recent past, so I know you named a few of them that you considered before extending this contract, but were there any -- for instance, can you tell me whether or not you looked into, for instance, the City of Hollywood's waste recycling contract? Mr. Carswell: The issue with going outside ofMiami-Dade County, even the City ofMiami, is that you need a facility to get it to. I can't put trucks on 1-95 to go to Broward to come back to finish a route. In Dade County, I can tell you offhand that there really -- it's a captive market, oligopoly, for the most part, 'cause there are really two transfer stations; maybe one other ecological waste maybe in Opa-Locka. I'm not sure. But there is Progressive Waste and Waste Management and that's it in terms of a permitted transfer facility. So what we do is that we take it to one of those facilities; we tip or we dump; and then we get back on the route. To go outside of Dade County would mean that would need more trucks, more people. It just wouldn't be cost effective. Commissioner Suarez: More gas. Vice Chair Hardemon: Understood. In reference to Waste Management, was there a contract -- we just -- was there an RFP (Request for Proposals) that went out for Waste Management recently, like maybe June or something of that nature, where they would participate in a RFP? Mr. Carswell: There was -- the contract for the recycling was awarded in January of last year. Vice Chair Hardemon: Okay. Mr. Carswell: And we -- there was a provision that said that if contamination exceeds 10 percent, then -- which followed some language in State Statute, so we couldn't argue with that as part of the negotiations. They approached us, advised us of the contamination concern -- Vice Chair Hardemon: "They, " meaning Choice? We're talking about Choice. Mr. Carswell: Not Choice, but Waste Management. City ofMiami Page 40 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Vice Chair Hardemon: Waste Management. Mr. Carswell: Okay, I'm just trying to -- So as part of the negotiations, they presented a mitigation. The mitigation that it proposed actually had us paying them money for disposal, so we just could not agree on dealing with the contamination that exceeded the 10 percent. So then that put us in -- put me in a box in terms of trying to identitY alternative locations. Again, there's only maybe one other game in town. We worked with Procurement in identifying a contract with the other transfer facility, which is Progressive -- which is now Progressive. There's a contract they had with Choice in Broward County, again, through the merger. It's the same entity. And under the guidance of Procurement with Law, we were advised that we can piggyback off of this contract. From that standpoint, then we looked at the rate, andl also looked at the County. The County is currently paying Waste Management $12.47 per ton for 95 percent of the tonnage that goes. The 5 percent difference is for any kind of contamination. So I looked at the 12.47, which I liked from a -- well, I don't like the number, but I like a fixed dollar amount for budgeting purposes. And then I looked also then at the proposed contract based on composition, which can fluctuate, but in looking at the six-month history of the contract with Broward, it's almost twice what we were getting with the County, potentially. Chair Gort: But at the same time, this contract does not have the contamination? Mr. Carswell: Correct, it doesn't have the contamination, correct. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff I just want to make two points, one of which is we always seem to be talking green here, and it usually is dollars and sense, but there's also a sustainable green issue. There are two Commissioners and the Chair who have very young children -- of course, Commissioner Carollo, and of course, Commissioner Suarez is about to have a child, and you have grandchildren. And whatl want to visit is just the sustainability of this program, and for a city of our size to actually be recycling provides a great environment for your grandchildren and children so that, you know, we become a sustainable society, andl don't think that's been said and mentioned, and that was my primary reason for wanting to do this. The second thing I'd like to say to the Manager is -- and I don't ordinarily sing the praise, Mr. Manager, of your employees. However, Keith Carswell is an absolute dream to deal with, from a Commissioner standpoint. He has the information. As you would say, he has the data, but he also has the information, and as you like to call it, "drip." So I just want to say that Mr. Carswell comes with all the answers to the questions you have -- Mr. Martinez: Well, we still need to answer one more question. Commissioner Sarnoff Which is? Commissioner Carollo: Yeah, we -- Mr. Martinez: (UNINTELLIGIBLE) -- Commissioner Carollo: -- which I still have -- Mr. Martinez: -- negotiate with the existing vendor. Commissioner Carollo: (UNINTELLIGIBLE). Are we too far gone? City of Miami Page 41 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Vice Chair Hardemon: You need to answer that. Chair Gort: (UNINTELLIGIBLE). Excuse me. (UNINTELLIGIBLE). Mr. Martinez: And I think that the Procurement guy should do this. Chair Gort: No, wait a minute. Excuse me. Are you finished Commissioner Sarnoff? Commissioner Sarnoff I just -- you know, I don't usually sing the praise of employees, and l just want to say Mr. Carswell is a pleasure to deal with -- Mr. Carswell: Thank you. Commissioner Sarnoff -- and I commend you on -- Mr. Martinez: He's phenomenal. Commissioner Sarnoff -- you know, his directorship. He's -- from the beginning of the time of negotiating this to even when he had to modin, it, he has an -- grasped, an understanding -- you know, he's got a strategy, a plan, and a conviction, and that's all you can ask for from any director. Chair Gort: Yes. Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: The question that's been asked by two Commissioner is, "Can we renegotiate the existing contract?" My understanding also, they were trying to explain that the existing contract, there's an agreement between the City and the carrier. Could you please go over that? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: My original question, what it really is, is we have an existing contract right now. Chair Gort: Right. Commissioner Carollo: Is there -- is it possible, instead of -- Chair Gort: That's what I'm -- Commissioner Carollo: -- breaking the contract or -- and mutually parting our ways, is there a way that we could have some type of grace period of a month or two months or three months where we have the monies to educate the public and see if we could get our contamination at that 10 percent level? Mr. Carswell: I just spoke with Waste Management, and they have an interest in just us parting ways. Chair Gort: Okay, that answer your question? Mr. Carswell: But it's amicable. We just didn't agree on some of the proposed mitigation, and we think that -- you know, they feel it's in the best interest of both parties. City of Miami Page 42 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 RE.3 14-00011 Office of the City Attorney Chair Gort: My understanding, when you asked the question about the RFP that was answered last year, you were going to answer there was an issue that either one of the parties of any time when both agreement could do away with the contract. Mr. Carswell: Correct. Chair Gort: Could you state that, please? Mr. Carswell: There is a -- this is more along -- after the first year, the City can terminate the contract for convenience, but this isn't a termination. This is -- after the first year. We have been Chair Gort: Amicable agreement between the two parties. Mr. Carswell: Right, we -- it's an amendable [sic] agreement between the both parties that we part ways. Chair Gort: Thankyou, sir. Any further discussion? Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. RESOLUTION .A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST THE LAW FIRM OF MORGAN, LEWIS & BOCKIUS LLP, WOULD HAVE TO ENABLE IT TO REPRESENT JP MORGAN CHASE IN PROCEEDINGS CONTEMPLATED TO BE FILED BY THE CITY OF MIAMI IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, AND TO CONTINUE TO PROVIDE REPRESENTATION TO THE CITY OF MIAMI IN CONNECTION WITH PROCEEDINGS FILED BY THE SECURITIES AND EXCHANGE COMMISSION IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. 14-00011 Memo - Office of the City Attorney.pdf 14-00011 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0032 Vice Chair Hardemon: RE.3. Victoria Mendez (City Attorney): Thank you, Commissioners. This item is basically waiving a conflict of interest at the law firm ofMorgan, Lewis & Bockius, would have to enable it to represent JP Morgan Chase in proceedings contemplated to be filed by the City. Basically, the City Attorney's Office, with outside counsel, filed a lawsuit against JP Morgan Chase and several other banks based on a resolution by this Commission. And we also have the firm ofMorgan, Lewis & Bockius on retainer as a consultant for a SEC (Securities and Exchange Commission) City of Miami Page 43 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 matter that we are handling with outside -- with separate outside counsel. In order for the firm ofMorgan, Lewis & Bockius to continue to represent us when they have also decided to represent Chase in the lawsuit that we have filed, they need this waiver granted by the City Commission. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir, you're recognized. Commissioner Suarez: Let me try to explain this, because when I first saw this, obviously, I was -- maybe the right word -- aghast, but the way it was explained to me -- andl don't know if this is what the other Commissioners got out of it -- was this firm has already decided to represent this other company, and because of that decision, they feel comfortable withdrawing -from representing the City ofMiami. This waiver would allow us to maintain what we have had as an expert for the last two or three years -- I can't even remember -- at the cost of several million dollars of accumulated knowledge continuing to advise us, so I think that's what's at stake here. I know what happens sometimes when a motion is presented to us. Even the title of the resolution was somewhat confusing to us. I'm a lawyer. My chief of staff is a lawyer. And it was very confusing, because it made it seem like we were allowing them to represent someone that was suing -- that we are suing and that they are defending, and of course, I was the one that, you know, pushed for that suit, and that suit's obviously going forward. But this one -- this is a little different. IfI didn't explain it correctly, Madam City Attorney, please, you know, stop me or elaborate. I just -- Ms. Mendez: You're correct. Commissioner Suarez: -- wanted the Commission to understand it as I did, andl initially did not really fully get it. Why would we be giving anybody the authority to, you know, basically defend someone that we were suing once they had represented us and made a lot of money off us by the way, off the City? So -- I mean, an incredible amount of money. So that was my perspective on this. I'm open to listening to my colleagues on this matter and us coming to some sort of a thoughtful decision. Chair Gort: You're recognized, Commissioner Sarnoff. Commissioner Sarnoff I think what Commissioner Suarez says is pretty accurate, and ifI can embellish it a little bit, I would say what was said on the dais, like Commissioner Hardemon had to say was true, which is, you know, you learn the internal workings of the City and you shouldn't use it to your benefit, being a lawyer, andl think that's a -- that is a generally very, very true and accurate statement. However, as Commissioner Suarez acutely points out, a law firm that has received probably one or two million dollars, maybe even more -- Commissioner Suarez: I think it's over two. Commissioner Sarnoff Over two million? Commissioner Suarez: Yeah. Commissioner Sarnoff -- has acquired a body of knowledge that we can choose to re-educate another law firm -- Commissioner Suarez: Right. Commissioner Sarnoff -- and spend probably a number like that to get them up to speed, or we can resource and use this particular law firm as a consultant -- andl think the law firm of Scott Cole & Kissane, I think, is the new law firm representing the sued entity. City ofMiami Page 44 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: They're doing the litigation. Commissioner Sarnoff. Right. And the other thing would point out, they are defending a litigant against the City ofMiami. They are not the plaintiff So they're not the person with the sword at the City of Miami's throat. They're defending a person or an entity, is the right way to put it, that is being sued or potentially sued by the City ofMiami, so it's a little different posture than being a plaintiff against the City ofMiami. So I just want to say for the record, I think as stewards of the taxpayers' money, the prudent thing to do is to swallow a pill not quite so bitter as we might think, but it has a little bitterness to it, and allow them -- and allow Cole Scott & Kissane to use them on an as -needed basis for the body of knowledge that they have learned. Commissioner Suarez: Yeah. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yeah. Vice Chair Hardemon: The statements that we made -- I don't know if -- I believe it was last Commission meeting -- in reference to firms, I guess, licking the plate as it pertains to representing the City ofMiami and then also suing the City ofMiami. That is really what the crux of it was. And when you -- when we read this resolution allowing us to waive the conflict of interest -- In law, when you think about things, sometimes you have to differentiate one case from the other, and we have fancier knowledge to explain what that is called, but in laymen's terms, we say, "This is not like that for this reason." And when I consider the fact that the City of Miami has used a tremendous amount of resources to utilize this firm to represent us to the point that we are now with the SEC, I think that that is something different than anything we 've talked about prior, because there -- at that time, there was such a scare to the City ofMiami -- and it still is -- and the specialized body of knowledge to which this firm acquired and utilized to represent us makes it different than if they were just representing us in any other type of matter. But I will say this -- and this is something that I had a conversation with the City Attorney with -- is that once now that we've been through this -- and attorneys, once you've been through a process where you've witnessed and you sat next to an attorney that understands the SEC process, now I believe we are better equipped not to be charged as much as we were charged by this firm, because now we have some knowledge in our institution, the City ofMiami, and then also we are -- we couple that with, for instance, the firm Scott where they're doing it at a cheaper rate and then they can resort or go back to this firm, this firm here for a consultant, and that will reduce the amount of money that we pay from the City ofMiami. So the goal is two fold: One, to stop the bleeding. I think we did that in the bleeding of funds. And then two, to make sure that we are -- we do not have to expend extra money to get us back to the point where we are today, and that is something that we have to consider, the expensing of our City funds when we make this type of decision. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: No, I think you put it very well, andl think there's some other important factors. One is we severed the relationship with this firm. We're the ones that made that decision. I think we made the right decision for the right reasons. The costs were getting completely out of control, andl think we made a fiscally responsible decision in going with another firm that could litigate this matter at a substantially reduced rate. Andl want to commend the City Attorney because since she's been here, she has been extremely cost-conscious and -- you know, on any matter -- terms of independent counsel, she's very, very careful to make sure that our agreements are structured in a way that limits the City's liability and exposure, and City ofMiami Page 45 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 she's been very, very cost-conscious, andl think that's one of the things that I'm very happy about in terms of having her as our City Attorney. But we did -- I guess what's a little distasteful is it feels like we were dumped at the prom date door and then -- you know what mean. Like when another more beautiful date came along, they said "Okay. Well, we're just going to withdraw. We're going to leave you at the door and we're going to go with the next beautiful date." The fact of the matter is that -- Commissioner Sarnoff. That's obviously never happened to you. Commissioner Suarez: -- we called and said, "Hey, by the way, you're too expensive of a date, so we're not going to prom with you." And then he -- that person or whatever decided to get another date and subsequently say, By the way, I don't need you anymore." So, you know, it's a little bit distasteful, I think, for us, particularly given the amount of money we spent. But think both my colleagues in the Commission sense and in the legal sense, my legal colleagues, are right in distinguishing this from the prior example. Chair Gort: Okay, I got a lot of questions, since I'm not an attorney. When we contract with an attorney in an office, all the work that is done, all the research that is done, we own that; am I correct? Ms. Mendez: Yes, you're correct. The situation in this case is that it is such an abundance of materials that were gone through, a roomful of paper, for lack of a better description, that it would be -- for someone else to have to come up to speed to that would cost us half as much as we've already spent. We've spent about $1.3 million already. So let's say that we decided to totally sever. If we had someone else to come up to speed, they would probably charge us half as much, but it would probably be another 250,000 to 300,000 to just come up to speed on paper. Chair Gort: The second question is, with the media relations that we have today and with techniques and computers that we have today, that we allow to tap in our resources and look for it and so on, and this should be -- those documents should be in certain order where another attorney could request, `7 want the hearing -from this and this, " and tap into it and receive it; am I correct? Ms. Mendez: That is a very good suggestion. The problem is that those type of document review software, which we right now are presently looking into just because of the amounts of public records requests and items that we are doing on a daily basis and reviewing document and document review, we're presently looking for quotes for that type of resource, but we do not have that in-house; only large firms have that, and we are trying to come up to speed. And maybe in the future, I might request those types of resources in order to be able to do this type of research in-house, but unfortunately, we don't have that right now. Unidentified Speaker: Yes, I would like to. -- Chair Gort: I know I'm not an attorney, but I know about the investment firms, and JP Morgan has got all kinds of resources. Could this firm be hired because they had relationship with the City ofMiami and they had connect with the City ofMiami? I mean, that's one of the questions. Ms. Mendez: You mean the second firm, the litigation firm? Commissioner Suarez: No. Chair Gort: JP Morgan selected this firm to be representative. Ms. Mendez: Yes, they repre -- they picked Morgan, Lewis & Bockius out ofD.C. (District of Columbia). It is not the same attorney at all, but just the same firm out of D.C. Because if -- I City ofMiami Page 46 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 don't know exactly the reason, but if you know the world of inside counsel and outside firms, it probably has to do with relationships that were established between the in-house counsel at JP Morgan and this big firm in D.C. It could also be because they had -- they -- it would appear that because they had represented the City ofMiami in the past or present, that they had a unique relationship with the City ofMiami. But we have placed in this type of waiver that none of the attorneys, including Ivan Harris and all the attorneys, which were about 15 attorneys that have worked on this particular SEC matter, they will not, in any way, be involved in the JP Morgan representation, so we have at least established that protection. Chair Gort: They can go in through our document. They can -- Ms. Mendez: They -- Chair Gort: -- look at the research. Ms. Mendez: -- cannot because they would be -- they would -- one, it's an attorney -client privilege issue, but two, they would risk losing their Bar license. That is not something that they can go into. Now, the more important thing -- and you hit on a great note -- this is not the exact same matter that there's a representation for. In this case, it is a separate type of matter. So, for instance, the issues that are at hand with the SEC case are not issues that are going to be presented in the FHA case, because it's a separate subject matter. So even though they have some type of knowledge of the City ofMiami, it's not something that is a direct type of case. For instance, when you prosecute a criminal matter and then all of a sudden you defend it, or vice versa, that is something that is more at hand. Or in a divorce matter, you represent one and not -- and the other, but you know -- intimately familiar with all of the bank accounts and things of that nature. In this case, it's different because they're a different subject matter. Chair Gort: Okay, look, I'm trusting the attorneys that sit here, along with you, but I'm not very happy with this at all. Ms. Mendez: And neither am I Chair Gort: And I think -- Ms. Mendez: Trust me. Chair Gort: -- that you should go back to the firm, and you can get a new contract, and you can reduce the fee quite a bit. Ms. Mendez: We have. Actually, because of this situation -- and just so that you know, what Commissioner Hardemon had said, we're -- it's happening now. -- is that Mr. Harris does have a reduced fee. The latest bills that he sent us are just -- they're just so tiny compared to -- it's a $670 bill compared to, you know, $100, 000 bill. So it's just a very -- it's a much better relationship for us. Also, because of what we've learned on the first SEC matter, we're representing the second SEC matter in-house, the pre -suit investigative stage, so we have -- this relationship right now has set us up that -- what we expended in the 1.3 million in the past is something that we will reap the benefits in the future. Severing the relationship right now is something that we'll just incur more debt and actually put us in a disadvantage, though I don't like to say -- Chair Gort: Excuse me, whoever makes the motion to make sure that -- send a message out there that we're not that easy; you're going to be dealing with the City ofMiami, then you're going to go back and you're going to go against the City and so on. I mean, I'll leave it up to you guys how you make your motion. At the same time, the new law firm that has been hired, how much they really going to need to use the other facilities? City ofMiami Page 47 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 RE.4 13-01422 Department of Capital Improvements Program Vice Chair Hardemon: Mr. Chairman, may I? Chair Gort: Yes. Vice Chair Hardemon: Andl think the message is clear that this Commission will not accept the animalizing or the cannibalism of our funds for the private benefit of a company or a single firm or lawyer, so that is the message, but however, we -- in doing this, we have to act responsibly with the funds that we are given the responsibility of using, and those are public dollars, and so that's what this is about. And we've already taken steps to limit the amount of money that we 're expending. I think using the firm as a consultant is a brilliant idea, because now they're not leading the charge, but they're there to just -- to grease the wheels, andl think that that's important when you consider the situation. So we still are moving forward, Mr. Chairman, and that's something that I strongly believe in, that we move forward with people who are on our side and not against us. Commissioner Sarnoff. So can I make a motion? Chair Gort: Sure. Commissioner Sarnoff. So I would -- the motion would state, "Due to the exceptional circumstance that the City now finds itself in, it will break from the general rule and general principal that in the event a person or law firm sues the City ofMiami, they should not receive the benefits of then having the ability to represent or beyond work with the City ofMiami. However, due to the exceptional circumstance that Morgan Lewis presently occupies and based on the fact that it will save the taxpayers substantial amounts of money, this City will accept that exceptional circumstance and approve this waiver of conflict of interest. Chair Gort: There's a motion. Is there a second? Motion by Commissioner Sarnoff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $62,199.00, FOR OPERATING COSTS ASSOCIATED WITH THE OVERTOWN/HEALTH DISTRICT TROLLEY SERVICE; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $62,199.00, FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 13-01422 Summary Form.pdf 13-01422 Legislation.pdf 13-01422 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon City ofMiami Page 48 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 R-14-0033 Chair Gort: RE.4. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.4 is a joint participation agreement with the Department of Transportation to receive funds in the amount of $62,199 for the Overtown District Trolley -- Health District Trolley Service. Chair Gort: Isn't Overtown a health district also; is it? Mr. Spanioli: Yes, the Overtown Health District Trolley, that's right. Chair Gort: Okay. Mr. Spanioli: It's to supplement the operating costs. Chair Gort: Okey doke. Do I have a motion? Commissioner Carollo: So move. Commissioner Sarnoff. Second. Chair Gort: Moved by Commissioner Carollo; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. Chair Gort: RE. 5 is taken out. RE.5 RESOLUTION 13-01440 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2015. 13-01440 Summary Form.pdf 13-01440 Legislation.pdf 13-01440 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RE.6 13-00795 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INSTITUTE ANY AND ALL ACTIONS AUTHORIZED IN LAW City of Miami Page 49 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 OR IN EQUITY, NECESSARY OR PERMITTED, AGAINST THE OWNER(S) OF ANY ILLEGAL MURAL, BILLBOARD OR SIGN, AND AGAINST THE PROPERTY OWNERS UPON WHICH SUCH MURALS, BILLBOARDS OR SIGNS ARE ERECTED, WITHIN THE JURISDICTION OF THE CITY OF MIAMI, INCLUDING, BUT NOT LIMITED TO, THE ILLEGAL SIGN ERECTED ON THE PROPERTY LOCATED AT 299 SOUTHWEST 17TH ROAD, MIAMI, FLORIDA, FOLIO NO. 01-4138-002-0020, TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER FEDERAL, STATE OR LOCAL, REGARDING SIGNAGE, AND, IN ADDITION, THE CITY MANAGER IS DIRECTED TO REPORT TO THE CITY COMMISSION ON A BI-MONTHLY BASIS WITH A LIST OF ILLEGAL MURALS, BILLBOARDS OR SIGNS LOCATED WITHIN THE JURISDICTION OF THE CITY OF MIAMI, AND THE ACTION TAKEN TO DATE TO BRING SAID MURALS, BILLBOARDS AND SIGN INTO COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER FEDERAL, STATE OR LOCAL REGARDING SIGNAGE. 13-00795 Summary Form.pdf 13-000795 Legislation (Version 2).pdf 13-00795-Submittal-Correspondence. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo R-1 4-0034 Chair Gort: RE. 6. RE. 6. Vanessa Acosta (Special Projects): Vanessa Acosta, City Manager's Office. RE. 6 is a request of the Administration to the Commission to institute legal action against an illegal sign that is located within the City. The Administration has at this juncture exhausted all remedies available under our ordinances and is requesting the assistance of the Commission in instituting legal action. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. This is one of those that I didn't want to just defer; I wanted to have a little discussion on. First of all, the location in question is in District 3, so I know about this location. And my first question to the Administration is this has been around since last year -- and by the way, I've heard that they're grandfathered in. I'm not sure; I still haven't seen any documentations [sic], but I've heard that they're grandfathered in, but besides that, this has been around since last year. Since last year, this has been the only site that has an illegal mural in the City ofMiami? Ms. Acosta: We had one other sign that was illegal. That sign was Code enforced and was taken down by the property owner. Commissioner Carollo: So what you're telling me is that right now, there is no other illegal murals? Ms. Acosta: At this juncture, that we know of there are no illegal murals in the City. Commissioner Carollo: So ifI go out there andl bring a montage of pictures of illegal murals, City ofMiami Page 50 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 you're going to tell me that your enforcement wasn't good enough or --? What would happen ifI bring you a montage of illegal billboards or illegal murals? Because, see, what I'm getting at is -- andl saw how in RE.7 or RE.8, we included language with FDOT (Florida Department of Transportation) that the City ofMiami will, you know, enforce noncompliance and so forth, but what I'm seeing here, that there may be selective enforcement, andl want to make sure that there's not selective enforcement, because I have clearly seen other murals that are way bigger than this one and nothing has occurred. So I want to know how the City's coming about pointing out just this one. Ms. Acosta: Sir, at this juncture, we have a couple of different ways that signs go up. We have the mural program which allows for 35 mural permits. Commissioner Carollo: I'm not asking how the mural process is and how many we can have and all that. That's not what I'm asking. I'm asking how are we selecting which illegal murals we are enforcing. Ms. Acosta: From a perspective of the Administration, the minute that we become aware of an illegal mural, an illegal banner, or an illegal billboard, we at that point refer it to Code Enforcement, who goes out there to enforce at the moment that we become aware of it. The Code Enforcement teams are aware of the illegal murals and illegal billboards. As to the ille -- anything that may be illegal in terms of banners, they're also aware. The minute we become aware, we enforce. Commissioner Carollo: And what you're telling me is this is the only one in the whole City of Miami? Ms. Acosta: That we are aware of at this juncture, this is the only mural that has reached the point where it has been liened and all applicable remedies have been exhausted. Commissioner Carollo: Okay. What other ones haven't you exhausted all legal means? Are there --? 'Cause I -- Chair Gort: I think the question is the Commissioner feels that he has find a lot of illegal murals and he would like to know if it's something -- if they going through the process in Code Enforcement, 'cause I have to tell you, I make a lot of phone calls; I send a lot of e-mail (electronic) asking Code Enforcement to do the things, and it takes a while because of the legality of it and the court and all that, so I think it will be important for you to understand -- because what he's saying, this statement, looks like there's no illegal [sic]. There might be some illegal that right now in the process of being enforced by Code Enforcement, so can you explain that? Commissioner Suarez: Mr. Chair, if I may? May I? Chair Gort: Yes. Commissioner Suarez: Yeah, I was going to say, you know -- 'cause I understand where he's coming from, but there's a lot of illegal units in the City ofMiami. There's a lot of illegal units in the City ofMiami. The question is, Are we Code -enforcing every single one of those illegal units? And the answer is probably not. We're probably Code -enforcing the ones where neighbors complain about illegal units next to them. I'm not saying that's the right thing to do, and I'm not saying that we shouldn't be more proac -- 'cause I happen to be as proactive as they come on illegal units. I think we should take them to court. I think the judge should hold them in contempt if they can't follow our laws, andl think people should be put in jail, because it's a health hazard and because it also is a tremendous quality of life issue for our residents. But the fact of the matter is that we're not doing Code Enforcement for illegal units on a proactive basis; City ofMiami Page 51 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 we're doing it on a reactive basis, andl think that's part of what the Commissioner is concerned about. I mean, are we just reacting to the illegal murals? If that's the case, they may be the only illegal murals someone's complaining about, but there could be 50, 75, 100, 1,000, for all we know, illegal murals, right? Commissioner Carollo: Yes. And -- Ms. Acosta: The last one -- Chair Gort: Code Enforcement. Jessica Capo: Jessica Capo, director of Code Compliance. We address them as we receive the complaints, and also, we are proactive or we should be proactive if we see them. And Vanessa sends us the list of the ones that are -- have the proper permits and everyone should be -- if they're not -- if they're up and they don't have the permits required, we should be proactive as well. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Well, let me just say something. I don't view murals as a district issue. I think it's a citywide issue that's generated an amazing amount of money. You weren't here, Commissioner, when there were 78 illegal murals in the City ofMiami and we were receiving no revenue from them. Then there was an additional 20. They were called "the settlement murals," and we had a total of 98 murals all throughout the City ofMiami. It was a mural program that created the 25 murals, and those murals had to be placed in and about and around the interstate system. This particular place -- I think it's called the Seven Nine Property. Is that the euphemism we use, Seven Nine? Seven Nine Sign. This particular mural has been up for a very long time. It has accrued $395, 500 in fine on one lien and $271, 800 on the other lien. So we're sitting there with a little over, what, 7 -- $600, 000 in liens on this property, and we're about to go and become one of the few municipalities in all the State of Florida that is going to monitor and enforce its mural program. And yet, for the past three, four years, this particular mural has just simply stood and withstood anything the City ofMiami has done. Implicit in every agreement that we're going to be making with FDOT is the City of Miami's good faith position that it is doing everything within its power to regulate and enforce its mural program. And in fact, when a mural went up on 395 in what I think was my district -- but it might have been Commissioner Hardemon's district -- I immediately alerted Code Enforcement. It had a beautiful -- I don't know if it was a Piaget watch or it was -- it was a very expensive watch. It was right during Art Basel, and it was probably cost-effective for them to withstand the 1,000 or $1, 500 a day fine, but we did everything we could do to take down that mural, and it may have survived a month, but the interesting part was that building was actually under construction. And what else can the City ofMiami do? Well, it can regulate its construction permits. So we did everything in our power to take down a sign that was up for 30 days; yet, we've done not everything in our power -- as a matter of fact, very little -- to leave this four -year -old sign up that is either a mural or a billboard, 'cause it's not a point -of -sale sign. So I don't view this candidly and assuredly as a district item, because the murals belong to the entire City. The revenue gets placed into the general fund. Andl don't need to tell you it's about a $4 million a year general fund revenue source. If we don't protect those permitted murals, why permit a mural at all? And why should we receive any revenue or any resource at all from those murals? Commissioner Carollo: Mr. Chairman? Chair Gort: Yes, sir. City ofMiami Page 52 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Listen, I don't disagree that the City should go after illegal murals, illegal billboards. What I am questioning is -- you said for four years, three years, whatever time span it is the City has been lax with this site. Well, I think they've been even more lax with other sites because they haven't even fined them or they haven't even made an attempt to bring the billboard down or the murals down. So my argument is, are we doing selective enforcement? Commissioner Sarnoff. That's a great defense if you'd like to have somebody bring that defense. Every time I see an illegal mural, I immediately contact Code Enforcement. I can tell you, in the years in the mural program, I have contacted them concerning six murals. We've been able to bring down six murals. The seventh mural is this mural. It's never been able to come down. Commissioner Carollo: This is what I would like to have: Can we have a comprehensive, okay, resolution with all the murals that are illegal, including everything that Code Enforcement has and any residents that I'm sure is going to start calling to say, "Hey, there's one" -- "There's an illegal one here, there's an illegal one there," and bring this back at the next Commission meeting, if you want; or if you need a little bit more time so we include all the illegal ones, not just this one? Commissioner Sarnoff. Why don't --? Commissioner Carollo: Because whatl don't want is selective enforcement where we're just saying, "Hey, this site" -- Andl could see some of us have done more homework than others because we have all the backup information and so forth, andl guess, you know, some of them -- some of us have more of an interest in some of these sites than others, but the bottom line is, I just don't want selective enforcement. I think, in all fairness, if we're going to go this hard after someone, because I haven't seen us bringing back any resolution going after any one site as aggressively as this -- and I'm not saying is is aggressive. I'm just saying, you know, we're looking at legal action. So you know what? I want a comprehensive resolution with all the illegal sites to come back so we could approve it together with this, and at the same time, if this is grandfathered in or not, because I've heard in the past that it was or not, so I will want to be able to -- Commissioner Sarnoff. I can assure you that grandfathering of a mural -- you know, I guess anybody could say anything they want, and you can even go into a court and again say anything you want. Now, whether that is going to be justifiable or what is for a judge to decide and not for this Commission. However, it is so simple to modin, this very resolution and simply say "You take all action necessary for this property or any other property that the City ofMiami finds to have an illegal mural or billboard." It doesn't take weeks; doesn't take months; it takes one second to turn around here and say, `Do everything in your power, Madam City Attorney, that wherever there's an illegal mural" -- And by the way, you could do it on an going forward basis forever. Commissioner Carollo: Except this part: I want them listed, and I'll tell you whyl want them listed, 'cause right now all they have to do is say, "Oh, yeah, we're going to go after all the illegal billboards"; turn around, look the other way, not do anything, and they're still up. So I want them listed. Commissioner Sarnoff. But they're telling you right now -- because let's be in good faith here -- that there are no illegal murals that they're aware of except for this one. And candidly, since I have followed this issue, there are no illegal murals in this City ofMiami. Commissioner Carollo: I can assure you, by the time they come back at the next Commission meeting or the one following, there will be additional ones, at least that -- Commissioner Sarnoff. But -- City ofMiami Page 53 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: -- they are aware of. Commissioner Sarnoff. -- a resolution doing this right now gives them the ability to do that. And you can continue to monitor this and follow up -- just like we do with Police -- `Please give me a list of every mural that you think is illegal, and I want to see this legal status of you enforcing against that mural." Commissioner Carollo: Well, what I want is to have a comprehensive list so we know which ones they are and we could follow it, as opposed to just giving them a blank, "Hey, whichever ones come up." I want to have that list before I vote for this. Johnny Martinez (City Manager): Commissioner, do you have -- Chair Gort: Let me tell you something. Mr. Martinez: Commissioner, do you have an inven --? Chair Gort: Wait a minute. Wait a minute. Mr. Martinez: Oh, okay. Chair Gort: Every time I see something illegal, I'll make a phone call, and Code Enforcement receives from my office at least five or six e-mails every day, so we have certain responsibility too. If we're aware and we know of any murals that are illegal, I think we should go ahead and send it to Code Enforcement, 'cause let me tell you, I know Code Enforcement's out there, but a lot of times the people complain, but we, ourself [sic], have to do it also. Commissioner Carollo: Understood. But was just told there's no other illegal billboards out there. Commissioner Suarez: Mr. Chair. Commissioner Carollo: Or murals. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I'm looking at the language in the Municode that represents whether or not -- what is a mural. And I'm looking at the definition under Section 62-602, and you can find it, actually, if you all turn to RE.7, and it's on page 2 of 8 in the definition of "murals. " And it reads that a "Mural is a painting or artistic work composed of pictures or arrangements of color which may have a limited commercial sponsorship message, advertises a commercial product and which is made directly onto, projected onto or attached to a building or a wall." And my question is, when I consider "it may have a limited commercial sponsorship message" or "it advertises a commercial product" -- So when I think about some of the buildings or even in Wynwood andAllapattah and other places where -- for instance, on the corner stores, they paint beer, wine, and other things onto their building. I mean, wouldn't that be considered a mural in that sense? Commissioner Sarnoff. Point of sale. Ms. Acosta: The thing is that -- City of Miami Page 54 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Point of sale. Ms. Acosta: -- it's point of sale. If they sell it within the building -- Vice Chair Hardemon: Right. Ms. Acosta: -- then it's point of sale. The issue with this particular site is a little different also. We have an urban core as defined by County Code. The County Code defines where within this urban core we're allowed to place these signs, and that's the definition that the State is going with as well. The sign in question at 299 Southwest 17th Road is not within the urban core. And when we were telling you, Commissioner, as to what we're aware, this is the only one at this stage where the Administration has exhausted all of our remedies. And due to the way that we're set up, we, as an Administration, cannot request law enforced legally. We need to come to the Commission and ask the Commission to enforce legally because we do not, per Charter, have the right to ask them, unless it's included in the ordinance. And in this particular ordinance at this time, there is no language that jumps it to law without coming to you for approval. Commissioner Carollo: So what you're saying is that all the other illegal billboards, murals, you have not exhausted all remedies? Ms. Acosta: At this juncture, nothing is at the stage where all -- It's gone to Code Enforcement hearing. It's been liened It's been mitigated. This is at its final stage. There is nothing we can do. Chair Gort: Let me tell you, I know a place, building; the guy was paying $1, 500 a month in penalty, but he was making $5, 000 a month, so it was the cost of doing business. So that's why sometimes -- One of the things about Code Enforcement, we got how many millions of dollars in there and we can't collect it? So people laughed at it. That's why we have to take it to court, because that's the only way we're going to be able to collect it. I can assure you, we have -- if you read the reports of Code Enforcement from the Law Department, how much is out there in liens, and we have discussed that quite a bit so. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: There's a difference -- there's a reason why we changed the name of the department from Code Enforcement to Code Compliance. There's a difference between enforcing the Code and there's a difference between getting people to comply with the Code. It's subtle. It's a subtle kind of difference, butt started seeing it, you know, in a lot of our briefings --andl don't know whose idea it was to actually change the name, butt know I said it on multiple occasions it should be changed from "enforcement" to "compliance," because at the end of the day, we can enforce till we're blue in the face and have hundreds of thousands of fines racked up against the property, whether it be for this issue or any other issue. It could be for, you know, like I said, illegal units, for example. But to bridge the gap between enforcement and compliance, a lot of times you need legal action, because a court has to step in and say, "Okay, you property owner either do this or else you're going to face more severe consequences." And you have to keep, in a sense, upping the ante until you get the property owner to understand that the consequences for noncompliance are -- could even result in arrest, at the end of the day. So, you know, I mean, I agree that there's probably more than one illegal mural out there. Andl kind of agree with Commissioner Sarnoff also that we can expand this resolution to be more encompassing, and we can even add something that says that as the remedies are exhausted, that the Administration comes to this Commission, and we add it to a list, a roving list so we can track to see, you know, if these illegal murals are actually coming down. Because I think, at the end of the day, what we're talking about here is the difference between fining someone till they're City of Miami Page 55 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 blue in the face and them not paying and ignoring the City and actually getting the mural down, which is a -- it's a -- it's really the ultimate challenge, at the end of the day, when somebody's just ignoring our laws. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: So let me ask the Administration: Is it going to jeopardize anything to come -- to defer this for two weeks and bring back a comprehensive list of all the different murals, billboards, and give us some type of timeline on where they are and what needs to be? Because right now the only one we're saying that we are going to go and file suit against them is this one, but the other ones we're not saying that. We're just saying -- Commissioner Sarnoff I don't think -- Commissioner Carollo: -- we're giving permission, but that's not really saying that they're going to do it. Commissioner Sarnoff No, I don't think you're -- Commissioner Carollo: So -- Commissioner Sarnoff -- listening, and I don't -- I candidly don't think you're listening. They're saying they have gone as far as they can go with this site. And this site, the only thing left to do is to go to -- Commissioner Suarez: Can I just say -- Commissioner Carollo: Understood. But what I'm saying is -- understood. And believe me, I listen better than you think listen. But what I am saying is, "Hey, listen, this is not just about this site; it's about citywide," and that's where you're not listening; that I want to go after this citywide. Because while we're targeting this site and we're doing selective enforcement, the other sites are getting away with -- I don't want to say murder -- but they're getting away with billboards and illegal murals, and we're not really doing much or we're not really going after them as aggressively as this site. So, if we're going to exhaust all remedies in this site, I want to be able to exhaust all remedies in all other sites and have them listed, because right now we have no accountability of the other sites. Commissioner Sarnoff And you could do so -- Chair Gort: Question. Excuse me a minute. Question: Code Enforcement, do we presently have a list of --? Ms. Capo: Right -- at this time we don't have a list, but I can assure you that we don't have any at this stage. We address them -- I mean -- Chair Gort: Okay. Ms. Capo: -- that have been -- that we have been made aware of. Chair Gort: Okay, thank you. Yes, sir, you're recognized. Peter Ehrlich: Thank you. Mr. Chairman, my name is Peter Ehrlich, 770 Northeast 69th Street, and I came today to speak on RE. 7 and 8, but I -- listening to the discussion, and thank you very City of Miami Page 56 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 much for the opportunity to speak on this item. As it pertains to billboards on buildings and billboards, and the wall murals, which are really just billboards on buildings, we have found many that are illegal or nonconforming under the City Code. From time to time, we've sent them to the City, even notices, the photos. Unfortunately, I haven't gotten any response back. I can show you a photograph of one illegal billboard on a building on 37th Street and 2ndAvenue. It's been in illegal form for at least two years. The City could be collecting a thousand -dollar -a -day fine. This is a photo that shows an expanded billboard on the side -- on the wall, which is illegal; not allowed to expand the parapet wall illegally purely for the purpose of making a billboard on the wall seem taller. Chair Gort: Okay. Commissioner Suarez: Let me see it? Chair Gort: Who do you send that to, the complaint? Mr. Ehrlich: Code Enforcement. Chair Gort: Code Enforcement. Commissioner Carollo: And Mr. Chairman, that's my point. Chair Gort: Okay. Commissioner Carollo: My point is not just this site. My point is citywide. I want to do this citywide, not just on this site. And, clearly, they just stated that they don't have any list with nonconforming signs. However, you have a resident here saying that, "Hey, two years ago, we've been after this, sending" -- whatever -- "complaints." So I don't want to be shortsighted just with this site, Commissioner. I understand that they've exhausted all remedies in this site. I want them to do the same, the same enforcement on all the other sites. Mr. Ehrlich: And ifI could -- Commissioner Carollo: That's my point. Mr. Ehrlich: -- add one more thing in the record before I sit down. There's a letter from the Federal Highway Administration. This is to the Florida Department of Transportation regarding the City of Miami's certification of City of Miami for local control of billboards on buildings, and it says, "We do not consider the City's proposal -- proposed controls of wall murals used for outdoor advertising to be in conformance with the intent of the Highway Beautification Act and our long-standing implementing regulations." Chair Gort: Okay. Mr. Ehrlich: The control -- it goes on. This is from the Federal Highway Administration. Chair Gort: Thank you. Yes. Ms. Acosta: This particular sign is the one that Code Enforcement, Law, and the Administration know has been put through the entire system. It was brought to our attention two years -- four years ago, including by the State because it faces a federal highway. Yes, this does impact where we're going and what we're doing, because the next two items are agreements with the Federal Highway Administration and the Federal Department of Transportation. Since this one happens to front a federal highway, which is in the interest of Lady Bird Johnson Act, in particular, and we have exhausted all available remedies, at this juncture, the Administration has nothing else City of Miami Page 57 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 that we can do, and we're representing to the Federal Highway Administration and the Federal Department of Transportation that we have exhausted all remedies, and that we are pursuing illegal signs. In this particular case, at this juncture within the City, we have no other signs that are in this condition of final Code Enforcement action. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I think we're kind of talking past each other a little bit. If the City of Miami has 100 contracts and I of them -- maybe 50 of them are in breach, but the City Commission decides they want to enforce this I contract, we can enforce that I contract. That doesn't exclude us from enforcing the other 49 or identifying them or anything of that nature. I don't understand why we wouldn't enforce on this one issue and then, in the next Commission meeting, we can identify 10 other issues, and we can enforce on those 10 other issues; then we can do it on another 10 issues and another 10 issues and another 10. I don't know why we would slow down on 1 enforcement to the exclusion of the 99 others. We can run them parallel. I mean, there doesn't need to be a slowdown of one to enforce the rest. We can keep looking for the rest. Andl agree, I think we should all, in our own districts as we're driving around, identify -- andl think we do. Andl think there's -- it gets complicated with the signs, because you have billboards, you have what is defined as murals and you have -- one of the ones -- I think actually the worst violators is neither of those. The worst violator is people who have illegal signs in their own small commercial establishments, which are, you know -- at least in my district -- you know, everywhere, and they -- you can't drive down Flagler, and you're just like inundated with advertisements, and it's -- I'm sure it does not -- it's not according to Code, and I've gotten complaints from residents about it. And the question is if we start Code enforcing -- it's kind of like the illegal units issue. If we start Code -enforcing that aggressively, you're going to start getting 50, 100 calls a day from small merchants, small business owners, from residents saying, you know, "You guys are like the Gestapo, " you know, "You guys are making our life impossible. We can't run a business." You know, "We can't make the extra $300 a month in rent," et cetera, et cetera. So I think Code compliance and enforcement is a very, very delicate balance. But I don't understand why we -- it's like -- the example I was thinking of is the Scotty's issue. I didn't agree with suing Scotty's. I thought we could have resolved that amicably or could have exhausted more of our remedies or waited longer, but this Commission decided to enforce that contract. Does that mean that there isn't 99 other contracts that we're -- that the City -- that are -- of people that are in breach with the City? That doesn't exclude us from in the next Commission meeting enforcing another two contracts or another three contracts or however many we want. I just -- I don't see the point in slowing down one enforcement because there are -- another universe of things that we need to enforce against. I agree; we need to enforce against those things, but we shouldn't slow down this one. I mean -- Chair Gort: Okay. Mr. Martinez: Mr. Chairman, may I? Commissioner Suarez: -- am I missing something? Mr. Martinez: Mr. Chair, may I? Chair Gort: Yes. Mr. Martinez: I think what I'm hearing is we're trying to protect against disparate treatment, but like Commissioner said, do we have to slow this one down to get the other? If -- we were talking earlier about eyes on the ground. I mean, if you have an -- if anyone has an inventory of illegal signs, please bring them forward and we'll start the process to get them to the point where this City of Miami Page 58 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 one is, which we started two years ago. So just, you know -- Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. I'm going to make a motion to approve this resolution and include language that the City take all actions in law or equity, as necessary, against any illegal mural or billboard that they find within the jurisdictional boundaries of the City ofMiami and report to this Commission on a bi-monthly basis each mural and the action -- each mural, billboard, or sign and the action taken therein. Commissioner Suarez: Second. Chair Gort: There's a motion, there's a second; further discussion? Commissioner Suarez: Yes, real quick. I think what we're saying here on this particular issue, we want the City to be proactive, so I want you to get the message loud and clear. This is not one of those situations, if I'm interpreting it correctly, where we want to wait until people complain about an illegal mural. What it seems like this Commission is telling you, send your Code Enforcement officers out there, try to identify illegal murals, start coding -- start fining them, start Code -enforcing them, and then continue along the path till you get to this point, which you now, if this Commission votes for it, have the authority to go all the way and enforce, so no one can argue that there's any sort of disparate treatment. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: But when you have a resident say, "Hey, we've complained about this two years ago," and there's no list, they don't have no sign listed anywhere or any action taken by them, how do you address that? And that's what I want to address. Chair Gort: Okay. Commissioner Carollo: I want to make sure that when we pass this, it's passed with all the other ones that are listed, because clearly, a resident just came and said, "Hey, we've done that." And guess what? Either someone looked the other way or -- I don't know what happened, but the bottom line is there's no mention of that. And like that, I'm sure there's many. Commissioner Suarez: Yeah. Chair Gort: Okay, I have a suggestion. Anyone -- and this is for the public that's sitting here -- anybody that watching this program, anyone that has a complaint on any of the murals, call my office, 305-250-5430; 305 -- Commissioner Suarez: Mine, too. Chair Gort: -- 250-5430. You call my office. I'll make sure they get it and the list gets done, okay. We'll get it done. Commissioner Carollo: And one more thing, Mr. Chairman. Chair Gort: Yes, sir. City ofMiami Page 59 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Question: Why -- again, andl need to pose this question -- what is the hurt to defer this for two weeks? Now -- yeah, and see your expression, Commissioner Sarnoff, but you know what? Commissioner Sarnoff. It's been on the agenda for 18 months. Commissioner Carollo: Regardless, in 18 months, they couldn't come up with another site? In 18 months -- that's my point -- or whatever time it was, they couldn't come up with another illegal mural? Ms. Acosta: Sir, there was. Commissioner Carollo: When we have a resident that comes forward and says, "Hey, we've been complaining about this for 24 months." Commissioner Sarnoff. So under your analysis and the way you'd like to govern this City, unless everyone on every issue can be dealt with at the same time, we deal with nothing. Commissioner Carollo: No. My issue is that there's selective enforcement, and there shouldn't be selective enforcement. Commissioner Sarnoff. Commissioner, you're about to take a vote on an FDOT roadway issue that, I will tell you, to allow this -- I'm not going to vote for this. I'm not going to vote for RE.7 or RE.8 unless this City is taking all actions necessary to enforce its mural ordinance. And that's just my position, because I'm not going to subject myself or the City to legal liability for -- Commissioner Suarez: And let me just say, because I think we may again be talking past each other a little bit. I think your motion was requesting that the City do a report proactively, and come back and provide this Commission with a list of sites that are illegal that you have begun Code enforcing. If any resident feels that that -- that their particular complaining item -- and by the way, we're talking about 'Proactive" here. We're not talking about "reactive," which is when somebody issues a complaint or calls in a complaint -- that anything is missing, then we can compare that complaint to the list that's being provided to us, and we can, you know, demand that the City Manager take appropriate action. So I think your resolution or your -- I guess it's -- is it a resolution? Unidentified Speaker: Resolution. Commissioner Suarez: Your resolution does encompass creating a list that we can use as an accountability tool in case a resident might come back and say, "You know, look, I've been complaining about this site forever, and no one's done anything about it." The one that Mr. Ehrlich just mentioned, you know, "We've been complaining about that site." Maybe he has been complaining about it forever and maybe nobody's done anything about it. It wouldn't surprise me by the way if that's the case. So I'm just saying it wouldn't surprise me. It wouldn't surprise me that something has fallen through the cracks in this government, okay. It's not the first time that it's happened. So it is what it is. Commissioner Carollo: And by the way, it's not the first time that we've dealt with the mural and the billboard issue, and for lack of better words, there was a gun to our head saying, "Hey, you need to pass it now, you need to approve it now because, you know, the sky is falling," and all this stuff. It's not the first time that we've been through this, and again, I just don't see what two weeks is really going to do. And I'm the first one to say, "Hey, if this is not in compliance, yes, let's do all remedies." However, I think we're missing the bigger picture; that it's happening citywide, and we're not going after them. City of Miami Page 60 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Vice Chairman. Vice Chair Hardemon: Yes. Mr. Clerk, I just want to -- wanted a -- I want you to recite what the motion is again for me so we better understand it. Nicole N. Ewan (Assistant City Clerk): I think Commissioner Sarnoff, who made the motion, is better equipped to restate that amendment. Vice Chair Hardemon: Okay. Commissioner Sarnoff. Motion. Chair Gort: The amendment to the motion. Ms. Ewan: The amendment. Commissioner Sarnoff. My motion? Ms. Ewan: The amendment to the motion. Chair Gort: To the resolution. Commissioner Sarnoff. No, what -- okay. So what said was that we pass this resolution and include that the City take all action necessary for any illegal mural, billboard, or sign, and that they have the ability to take the same action that they would take against the 79 property; and that in addition, the City come back to us on a bi-monthly basis and provide to us a list of all murals, billboards, or signs that they find illegal, the status therein, and the planned actions they intend to take; not unlike, by the way, you guys, that we do it with the Police issue. Commissioner Suarez: Absolutely. Commissioner Sarnoff. Where do we stand, how we're going, and we're moving to? Vice Chair Hardemon: Andl asked that because I just want to be clear that in this motion, we are granting permission for the City Attorney to utilize whatever procedure in law, equity, or whatever is necessary, not only in this case, but in all the other cases to which the list has been provided; am I correct in -- Commissioner Sarnoff. Correct. Vice Chair Hardemon: -- answering that? Commissioner Sarnoff. Correct. Vice Chair Hardemon: Yes? Chair Gort: It's the procedure that need to be taken and may not be a need to go to court, but in case they don't comply with, we can take them to court. Vice Chair Hardemon: Okay, so I just want to make sure it's for everyone. And then when things aren't taken care of when we have the situation, this all -- it doesn't fall on necessarily the Commission. We're the ones that's giving this permission, but it then comes under the auspices of the City Manager, who -- and his departments of who's not taking care of these issues. So I think that, you know, there's where the enforcement needs to be taking place. So this is something that we now are aware of thanks to Mr. Ehrlich, and we should keep that in mind. Andl think the City of Miami Page 61 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 plan is a good plan to keep us abreast of these types of issues. Chair Gort: Okay, any -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And in essence, I think we're -- we are saying one and the same; the only thing is before we actually voted on that, I wanted to see the list. So in essence, what Commissioner Sarnoff has stated is exactly what want. The only thing is that wanted to push it two weeks so when we pass this, we already have a list of all the other illegal signs -- Vice Chair Hardemon: So -- Commissioner Carollo: -- or illegal murals. Vice Chair Hardemon: Mr. Chairman. Unidentified Speaker: We'll have it for you. Vice Chair Hardemon: If that is the case, Commissioner Carollo, I implore you to make that motion and then see the support that you have on that motion rather than discuss it, because that may -- right now, there's a motion on the floor, but this would supersede his motion on the floor if you want it to continue. You may or may not have the support. Commissioner Carollo: I'll yield to the City Clerk [sic] with regards to making a motion deferring this for two weeks. And again, by the way, in two weeks, I just want to see the list, and there'll probably be a motion very similar to what Commissioner Sarnoff just said. So we're not -- we're actually now not in disagreement; it's just the timeliness. I want to make sure, 'cause -- listen, I've seen it fall through the cracks quite a few times. I'm just afraid that, yes, it's going to fall through the cracks, and that list is going to be either forgotten or -- it's not the first time that we've asked for something and it doesn't occur so. Victoria Mendez (City Attorney): May I add before -- just to -- maybe this might soften and might be a great compromise in between. Right now, I do have a complaint drafted, but I will get that complaint. I'm going to send a -- first of all, I have to find the owner of the property; make sure that serve them in the correct place with a letter, with the complaint, and that'll probably take a week and a half for me to notice like all the parties, telling them, `Listen, if you take down this mural, we won't have to go to court, " so you might be here next week, and I'll tell you who's responded, who hasn't by the time we file a lawsuit. So it'll take about a week or so just to see if they take it down themselves, which could happen. Just maybe that'll make everyone more comfortable. Mr. Martinez: Mr. Chair, may I make one more comment? That list that we're going to be providing, the parapet -Peter Ehrlich example won't be on the list 'cause that's been looked at and determined to be legal, not illegal, so that won't even be on the list. Chair Gort: What was that again? Mr. Martinez: The example of the one on the parapet, that's been looked at. It hadn't been ignored, and it had been determined that it was legal, not illegal, so it wouldn't even be on that list. Chair Gort: Okay. City of Miami Page 62 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: Yeah, and I think what you're getting at, Mr. Manager, is that there may be times where citizens disagree with our interpretation of our sign Code, and they may think -- in fact, I know there's some citizens that think all our signs are illegal. So, I mean, you have to work through that. But I think in this case, my understanding -- Mr. Clerk, correct me if I'm wrong -- that there's a motion on the table. We have to take up that motion first. Ms. Ewan: That is correct, unless -- Commissioner Sarnoff. Call the question. Ms. Ewan: -- the motion is withdrawn. Commissioner Carollo: Mr. Chairman. Chair Gort: There's a motion and the question has been called. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: But with regards to that, okay, even on the 79 site, okay, I was told, and I forgot who it was, 'cause it's been quite a few months, that there's something about them being grandfathered in in the past, and I'm not sure, unless the City Attorney can tell me, "No, we've looked at it; they're not grandfathered in," but I'm not very -- I'm not exactly sure that, you know Ms. Mendez: What there had -- there has been assertions that because they were listed on an agreement in the past that that would give them a right to put it up, but it's -- based on our research, necessarily, that's not the case. So that's why if we send them a letter and they have some proof of something, then we could review that, but in -- for basically our research is that this is not a mural, it's not a billboard, it's not a banner, so for all intents and purposes right now, we're operating on a good faith basis that they are completely illegal so. Commissioner Carollo: And by the way -- and I'm seeing you looking up Mason's Rule of Procedures -- I agree with you. I think that I can do it, but I think past practice has been that we take up the motion on the floor. However, Mason's Rule does allow you to do it, but our past practice has been that we don't make an additional motion on top of that. So I know you're looking at the procedures, and I've read them. I'm -- I know you're correct, but I'm going to honor past practice and go with what we've done in the past. But with that said, listen, I mean, I'm in agreement with Commissioner Sarnoff as, you know, the language. Where we're in disagreement is the time, time -wise. I really want to make sure that when I receive a list, I can question it before passing this. So that's where I stand. Vice Chair Hardemon: Call the question. Call the question then. Chair Gort: Call the question. Roll call. Commissioner Suarez: Oh, you roll call it? Commissioner Sarnoff. It's a resolution. Commissioner Suarez: Go for it. You can roll call it; go for it. Ms. Ewan: It's a resolution. Do you want to do a roll call? City of Miami Page 63 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: No. All in favor, state it by saying "aye. Vice Chair Hardemon: Aye. Commissioner Sarnoff. Aye. Chair Gort: Aye. Commissioner Suarez: Aye. Commissioner Carollo: No, only because of the timing. Chair Gort: Okay. Thank you. RE.7 RESOLUTION 13-00796 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON CUSTOMARY USE FOR LOCAL ZONING CONTROL FOR MURALS UNDER THE HIGHWAY BEAUTIFICATION ACT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION, FOR THE PURPOSE OF ESTABLISHING DISTANCE REQUIREMENTS AND PROVIDING COMPLIANCE PROVISIONS FOR EXISTING NON -CONFORMING MURALS. 13-00796 Summary Form.pdf 13-00796 Legislation (Version 2).pdf 13-00796 Exhibit 1 (Version 2).pdf 13-00796-Submittal-Correspondence. pdf 13-00796-Submittal-Peter Ehrlich -Correspondence. pdf 13-00796-Submittal-Peter Ehrlich -Article. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo R-14-0024 Chair Gort: Next, RE.7. Vanessa Acosta (Special Projects/City Manager's Office): RE.7 is a request authorizing the City Manager to sign a tri-party agreement with the Federal Highway Administration and the Federal Department of Transportation, wherein the Federal Highway Administration is granting the City ofMiami customary use as defined by the Lady Bird Johnson Act wherein we are allowed to monitor and/or, in all action, deal with our outdoor advertising programs. Chair Gort: Thank you. I have a couple of people that signed. Ken Jett. Ken Jett: Good morning, Chair. Ken Jett, president ofMiami Neighborhoods United. I am here to support Scenic Miami in their opposition to RE.7 and RE.8 and any other legislation that has the opportunity to proliferate by definition or by number the billboards or murals within the City. Thank you. City ofMiami Page 64 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Thankyou. Nathan. Nathan Kurland Good morning. Nathan Kurland 3132 Day Avenue. Light travels faster than sound, and that's why some people up here are bright before they speak. So before my light dims, I wish to voice once again my opposition to any resolutions which allow for the proliferation of billboards on walls, incorrectly referred to as "murals" by the City ofMiami. In addition, with tongue pressed firmly in cheek, I would like to thank whoever is responsible for the new billboard on wall of my and your MRC (Miami Riverside Center) building; a condo development in Sunny Isles. I personally don't believe that this is where a six -story billboard on a wall belongs, especially in my and your MRC building. I believe RE.7 and RE. 8 are particularly insidious. Our Commissioners are being asked to approve a settlement agreement with FDOT (Florida Department of Transportation) and the Federal Highway Administration. The City claims that it's customary use to have huge billboards on buildings and facing highways between 1965 and 1972. I believe that claim to be false. Billboards were banned during that period by the City of Miami and by the County ofMiami-Dade. In RE.7, the City has cut a deal to save 50 percent -- to share 50 percent of billboard revenue with FDOT I think that this strikes my own particular sense of conscience as a bit bizarre. It's like asking -- having a police officer tell a criminal it's okay to steal as long as they're cut in for 50 percent of the take. FDOT is tasked with enforcing the illegal billboards around the State of Florida, and here we are cutting the enforcement agency in for the profit. RE.8 basically gives the City the right to expand the amount of billboards on walls throughout the City. I ask, please, that you defeat RE.7 and RE.8. Thank you. Chair Gort: Thankyou. Peter Ehrlich. Peter Ehrlich: Thank you very much, Mr. Chair, Commissioners. Peter Ehrlich, 770 Northeast 69th Street. I'm here in opposition to RE.7 and 8. It's a difficult, complicated item, and I've heard the esteemed attorney, William Brinton, speak on this subject for three or four hours, and Dusty Melton, the well-known lobbyist in Miami -Dade County, can speak on it for three or four hours, too, and it's an interesting topic. It's hard to handle in two minutes. The opposition is based on the fact that the City is using an improper premise for the approval for the customary use. You can't claim that billboards were proper in Miami -Dade County and the City ofMiami during 1965 and 1972, because in 1963, billboards were found -- along highways were found illegal in Miami -Dade County, starting in 1963. And in 1965, the City ofMiami found billboards illegal, and it's in your handout material on page 6 of the legislation that's included in your handout material. If you look on page 6, it says that billboards are not allowed within 600 feet of the highways, and it's in the material in your package. So it's not customary use for massive signs to be along highways in the City ofMiami and Miami -Dade County between 1965 and 1972. In fact, in your package and handout material, it says for any billboards that were legal in the City ofMiami, they had to be 70 --150 square feet or less, not 10,000 square feet, not 2,000 square feet. They were illegal if they were bigger than 750 square feet. So all of you have a copy of the letter from William Brinton to the head of Florida Department of Transportation where he lays out the legal argument for why this is improper, and we ask you all to vote "no." Chair Gort: Thankyou. Mr. Ehrlich: Thank you very much for your time. Johnny Martinez (City Manager): Mr. Chair, may I make a quick comment? Chair Gort: Yes. Mr. Martinez: The customary use issue, we just didn't say to Federal Highway we had City ofMiami Page 65 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 customary use; we had to prove it, and we've been at it for years and years and years. And at the first time, they denied it, and then we came back and convinced them that we had customary use during the right time. So it wasn't like automatic, and they were very, very strict on that, and it's been going on for a long time. As far as the agreement on the percentage that FDOT will get, that's only on the 10 additional murals -- or signs that we'll be able to do. And it's 50 percent to be spent on State roads within the City, which we spend more than that. We estimate like $1.2 million worth of revenue on those 10, so 50 percent will be 600, 000. We spend north of 700,000 on the maintenance of the State roads within the City now. Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir, you're recognized. Commissioner Sarnoff. You know, when we started this -- and I'm not going to rehash some things -- but in our handouts is photographs of Biscayne Boulevard, of actually the waterfront, of -- I know Peter Ehrlich, who is a big proponent of saving the Coppertone lady in the Coppertone ad. I guess that was an ad that was acceptable to him to save, and now is saved, of course, up in the MiMo (Miami Modern) District, but that was part of this particular -- and you can see him on the photographs very clearly -- of what was the customary use in the City ofMiami back in the '40s, '50s, and '60s. So the customary use, whether you like it or not, is pretty clearly displayed in photographs, andl guess you can disclaim the photographs as saying they're tasteless, they're this, they're that, but it does demonstrate a customary use; the result of which, if we do away with the mural program, will be a $4 million hit to the general fund. And while that may not be significant to some, it may be very significant to others. And as I said to you before, at the worst in the City ofMiami, we had 98 murals on every building that you could possibly have, when I first arrived here. You presently have displayed about 27 murals. That is a significant delta that is paying the most of any mural program in the United States by far. Sometimes, the best way to deal with a very poor situation is to regulate it. We have regulated our murals. Now we're going to regulate our murals with the Florida Department of Transportation, of which somebody said we're going to share 50 percent of the revenue to the Florida Department of Transportation. And what we're going to share is the 10 additional murals which are not displayed yet. So the City has the right to receive the revenue from 35 murals, but the difference from the 35 to 45, should they be displayed, 50 percent of that would go to the maintenance of Florida Department of Transportation roads; revenue that we already do spend on Florida Department of Transportation roads. So let me back up. We are already paying more than 50 percent to Florida Department of Transportation roads right now as we speak. So what we're going to do is allow the difference, the delta between the 35 to the 45, should we display that -- we have a choice. We don't have to display it. But should we display that, 50 percent of that revenue would go to the Florida Department of Transportation. Sometimes, the best way to regulate some -- the best way to deal with something is to put significant regulations in process. We have done that with the mural program. We are on the cutting edge of any city in America with regard to our mural program. As I said, when I first got here, we had -- the number was 78 murals. Twenty were called "settlement murals." It was kind of funny because the settlement murals were paying a fine on a daily basis to allow themselves to be up there. Peter Ehrlich was the primary drafter of that mural program, along with Dusty Melton, and Dusty Melton was a big proponent of the mural program because he thought it was legal, because we, according to him, had the authority to do so through the County. So I just think we shouldn't have revisionist history here. We should speak out of one side of our mouth. Instead ofjust saying that's legal, that's illegal, there are nuances, and what nuances in the law exist with the mural program. So I'm going to move to approve RE.7 as stated. Commissioner Suarez: Second for discussion. City ofMiami Page 66 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: There's a motion and a second. Motion by Commissioner Sarnoff, second by Commissioner Suarez. Commissioner Suarez: Mr. Chair, thank you. You know, I think what gets lost sometimes in this discussion is that there are a lot of people in this community and this City that don 't like outdoor advertising. They just don't like it. They think it's visual pollution. They use words like "proliferation," and proliferation sounds scary. Sounds like you're going to wake up one day and you're going to have a rash, and it's proliferating all over your body. Fact of the matter is, this has nothing to do with proliferation. This has to do with sanctioning what we already have, which was a reduction from what we had. And so I think that's where -- when you talk about revisionist history, it's when you want to look at things from a certain point in time and not really give it its full context. The full context is that everything that this Commission has done, since I got, here has actually reduced the amount of outdoor advertising. We've limited outdoor advertising in certain things, and we have condensed the certain number of for example, billboards for an electronic board, which some people don't like, either. You know, it's something that generates, I think, four -- I don't know what the full program generates, but it's -- if it's five million, that's 1 percent of our entire budget. That's 2 percent of all our tax revenue, and, you know, I don't know about -- I can't speak for the other Commissioners. I don't get a flood of phone calls from my residents complaining about billboards. They complain about crime. They complain about taxes. They complain about lax Code enforcement. They complain about overly aggressive Code enforcement. They complain about a variety of things. They complain about zoning issues, but they don't call me overwhelmingly complaining about the outdoor advertising. And ifI were to put it in the context of 'Listen, do you want to pay 2 percent more taxes so that we can take down all the ones in the district?"I suspect that some of them would say, "No, no, no, there's -- fine just the way it is." Anyhow, that's a difference of opinion. You know, I -- my thinking on the subject has evolved and it does evolve, andl -- that doesn't mean that there's not a space for intelligent analysis. I think Mr. Ehrlich sent me an e-mail (electronic) on one of our later, you know, items, and it was very, very well thought out. He had four points, andl thought the four points that he made were excellent points. You know, talking about enforcement and whether we should be reactive or proactive in enforcement. I remember when I first got here, I talked about making sure that the companies are actually following through on their agreements, 'cause their agreements do have takedown ratios, but is anyone actually auditing those agreements and making sure that they take down those boards? So, I mean, I don't think that there isn't room for improvement or -- putting it in the positive, there is room for improvement. I don't think this is the end-all, be-all, as some would like it to be, andl know it's another opportunity to talk about proliferation and visual pollution, but the fact of the matter is that we have what we have right now. It's generated a lot of income for the City ofMiami, andl don't think it's gotten to a point where -- it's been a reduction since I've been here, a net reduction. I don't think it's gotten to the point where I'm getting a flood of complaints about it, but I know there is a segment of our City that doesn't like it, and, you know, I respect them for that opinion. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " Commissioner Suarez: Aye. Commissioner Sarnoff Aye. Chair Gort: Aye. Commissioner Carollo: No. RE.8 RESOLUTION 13-00797 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 67 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCURRENCE LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, REGARDING THE FLORIDA DEPARTMENT OF TRANSPORTATIONS DETERMINATION OF CUSTOMARY LOCAL USE FOR WALL MURALS WITHIN SPECIFIED BOUNDARIES UNDER THE CITY OF MIAMI'S JURISDICTION, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 13-00797 Summary Form.pdf 13-00797 Legislation (Version 2).pdf 13-00797 Exhibit 1 (Version 2).pdf 13-00797-Submittal-Correspondence. pdf 13-00797-Submittal-Peter Ehrlich. pdf 13-00797-Submittal-Peter Ehrlich -Correspondence. pdf 13-00797-Submittal-Peter Ehrlich -Article. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo R-1 4-0025 Chair Gort: RE. 8. Vanessa Acosta (Special Projects/City Manager's Office): RE.8 is a request for authorization of the City Manager to sign an agreement between the City ofMiami and the Florida Department of Transportation, wherein the Florida Department of Transportation will be monitoring the City's management of our mural program as they are charged by the Federal Highway Administration with monitoring all outdoor advertising. Commissioner Sarnoff So move. Commissioner Suarez: Second for discussion. Chair Gort: It's been moved and second. Discussion. Commissioner Suarez: Mr. Chair, thank you. I think it's also important to note -- andl failed to note it in the last discussion -- that you have two agencies here, you know, one being the State government, the other one being the Federal government that are, in effect, sanctioning our program, andl think that's important, because I think we have had resistance from the State on a variety of other issues, whether it be roadway issues, whether it be -- I know we're dealing with issues of Flagstone, andl know that brings a smile to your face when we talk about that issue because, you know, the State is really, really, you know, tightening up on us on that issue and a variety of other issues. We've had issues with the State regarding our mural program and the possibility of someone passing legislation to hijack the City, andl think we handled it well together, and we took a risk because I think we were kind of going against the advice of our counsel in, you know, being strong, and it turned out well. This particular case, we're talking about FDOT (Florida Department of Transportation), and I think -- I don't have a problem, actually, even though I know we are contributing from the general fund monies that would offset if we were to do those extra 10 murals, andl agree with Commissioner Sarnoff. There hasn't been any appetite, since I've been here, to do that, so I don't -- you know, so -- you know, it hasn't happened, and maybe some future Commission might have that appetite; we certainly don't. But don't have a problem with segregating a good portion of that money to transportation needs, because I think it makes sense. There's a nexus. There's a logical connection. Andl think the City ofMiami, particularly when you talk about our trolley system, City ofMiami Page 68 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 that's actually working very, very well and is free, is going to run into funding issues in the future, and just generally, mass transit is something thatl believe in, andl think it's something that as a community, as a county, as a city, as a city that borders the City ofMiami Beach that's going through a myriad of problems with transportation and deciding whether they want to have a major convention center or not, I think the fact of the matter is that we have not -- we -- and when I say "we," I mean this community -- has not exemplified the proper leadership in terms of mass transit, andl don't know if we are going to in the foreseeable future. I sincerely hope that we do for my newborn son's sake and his friends and his, you know, kids and his grandkids. But I think it's important for us to segregate and actually think about separating money for mass transit. Chair Gort: Further discussion from the Commission? Yes, sir. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Oh, I'll yield to the speaker. Chair Gort: Go ahead. Peter Ehrlich: Thankyou very much. Peter Ehrlich. Thankyou for the opportunity to speak on this item also. It's -- Commissioner Sarnoff is correct; I did work on early drafts of the mural ordinance. I did not approve the final iteration, the final drafts that were ultimately approved, and I'm vehemently opposed to the illegal billboards that we see driving around and also the LED (Light -Emitting Diode) billboards. Pertaining to this item, I will -- I'm going to hand out a mat -- an opinion piece from -- Commissioner Suarez: Thank you. Mr. Ehrlich: Sorry. This is from Miami Today, dated April 2012, from Michael Lewis, about City ofMiami Commissioners approving, you know, additional billboards, billboards on buildings. I continue to be opposed to RE.8, this item. And the Federal Highway Administration, I still, you know, reiterate the letter from them, which says, "We do not consider the City's proposed controls of all murals used for outdoor advertising to be in conformance in the attendant of the Highway Beautification Act." I still think there's a lot of progress that needs to be undertaken before giving the City control over the enforcement of the Highway Beautification Act. Thank you very much. Chair Gort: Thankyou. Ken. Ken Jett: Ken Jett, MNU (Miami Neighborhoods United) president. Again, we stand with Scenic Miami, Peter Ehrlich, in opposition to RE.8 because of a concern around proliferation, and as we saw in a previous discussion, concerns about the enforcement of said issue. Thank you. Chair Gort: Thankyou. Okay. You too? Okay, come on up. Nathan Kurland: Yes, you too." Nathan Kurland 3132 Day Avenue. It wouldn't be correct to have just Peter and Ken get up here and not get up here myself. I object to RE.8 as well. It may very well be I can't say `yes" or "no" to it. Obviously, Commissioner Sarnoff may have information that this may be a model program. I don't believe that there's a city building anywhere in the United States of America of a major city that covers itself in a mural ad. I can't think of one. Commissioner Sarnoff. If you'd like, I'll give you the list. City ofMiami Page 69 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Mr. Kurland: Well, I can think of major cities that don't do it. New York City doesn't do it. Philadelphia doesn't do it. Commissioner Sarnoff. New York City does not have -- Chair Gort: Excuse me. Commissioner Sarnoff. -- a mural program? Mr. Kurland: No, no, no. Chair Gort: Excuse me. Mr. Kurland: Hanging it on city hall, Commissioner. We have an MRC (Miami Riverside Center) building that had -- Commissioner Suarez, you were instrumental in helping bring down the beer commercial that sat on the MRC building for -- Commissioner Suarez: My father was instrumental. Mr. Kurland: You were very instrumental, for which we thank you very much. Of course, we had condo ads up there for almost another year and a half, and now we have a Sunny Isles condo development ad on our MRC building. There's something wrong with that. We may be a model program, which I don't deny or endorse, but we certainly don't have to put these murals, these billboards on walls on our MRC building. Commissioner Sarnoff. And I'm -- Mr. Kurland: Maybe you'd agree with that, Commissioner Commissioner Sarnoff. -- sure you want to correct yourself by saying that we 're hanging a mural on City Hall. The MRC building is not City Hall. Mr. Kurland: City ofMiami building, excuse me. Commissioner Suarez: Yeah. Commissioner Sarnoff. And if you'd like me to demonstrate all New York buildings owned by New York City that have these murals on them, I'd be glad to do that. Mr. Kurland: No, Commissioner, just -- Commissioner Sarnoff. As well as Dallas. Mr. Kurland: -- the New York City building -- Commissioner Sarnoff. As well as Houston. Chair Gort: Excuse me. Commissioner Sarnoff. As well as San Francisco. Mr. Kurland: I thought this was my turn to speak. Commissioner Suarez: Mr. Chair, ifI may, can I try to jump --? City ofMiami Page 70 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: Let him finish and then we'll close it, and we'll discuss it among ourself [sic]. We can answer all the questions and all was stated. Finish, please. Mr. Kurland: Thank you, Chairman. I appreciate that. Just once again, I'm in opposition to RE.8. I hope that you can find it within yourselves to give it a little more thought before just rubber-stamping this. Thankyou. Commissioner Suarez: Thank you. Chair Gort: Thankyou. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. I apologize, Mr. Chair. I interrupted andl -- that's not good decorum, so I apologize to you. But I'd be more than glad to share the buildings that New York City uses, Dallas, Houston, and San Francisco. We do not hang it on City Hall. That was an incorrect statement. We do put it on the MRC building. If you want to take it off that building, I'm okay with that too. Commissioner Suarez: Mr. Chair. Chair Gort: Thankyou. Commissioner Carollo asked me first. Commissioner Suarez: Yeah. Chair Gort: Commissioner, you're recognized. Commissioner Carollo: Thank you. No, I just wanted to comment on what Commissioner Suarez had said about mass transit. I mean, I'm in agreement with regards to the issues we had with mass transit. As a matter of fact, I was recently in an economic summit, and one of the major issues that most people are having is infrastructure. And when you look into what type of infrastructure, we are looking at transportation. The problem is that, first of all, most transportation, as we already have noticed, goes through the County. Second of all, anything that we would do or any monies that we would put -- set aside for this, realistically, we're piecemealing because it's not a city issue; it's a regional issue. So that's where -- Even putting money aside -- and it's not going to be all that much money, but even putting money aside isn't really going to even make a dent, because you have Miami Beach, which has I guess their own programs or -- you know, we're piecemealing, you know, as opposed to having a real regional mass transit, andl think that's where the issue is. Commissioner Suarez: I agree. Commissioner Carollo: With regards to the trolley system, I think they are operating very well, and it's a very successful program. However, it's not operating well enough because since it's free, we really are going to run out offunds, andl forgot what year now. So, you know, it's still an issue that we need to tackle. Thank you. Commissioner Suarez: Yeah, andl agree with everything Commissioner Carollo just said. I think -- you know, I didn't mean to overstate the fact that whatever percentage we receive from those 10 additional murals, if we were ever to sanction them, would solve that problem or really go very far. It might, to a certain extent, alleviate the gap just in our trolley system in terms of what we need operationally. I don't know what the numbers are specifically, but, you know -- City of Miami Page 71 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Yeah, I mean, I didn't mean to overstate that issue. I think -- but what Nathan is talking about -- andl'm sorry, 'cause I got kind of distracted listening to your commentary. I think there -- again, this is an issue where there's a space, I think, to have a constructive debate. Andl kind of was saying it in jest, but the fact of the matter is, I did -- it did rise to the level of my consciousness initially because my mother called me and said, "You know, there is a beer commercial on the side of your City's administrative building. You know, do you feel comfortable with that?" So I started thinking about it. Andl remember when I started asking the Administration and trying to get that down that I actually got a call from somebody, from a beer distributor, andl got into a 30-minute debate with that beer distributor as to why; even though the product was a legal product, it's not a good idea and it doesn't make sense for the City to be necessarily advertising it or sanctioning it in any way or having it on its own facade, you know. Andl think, you know, discussions like that are healthy, they're good. Andl think, you know, maybe we should, out of this debate, come up with something constructive, which is that -- to the extent that we are going to put advertising on our facilities, on our buildings, that we should have some content control, because, you know, it's one thing to have Apple advertising on our facade. It's a whole 'nother thing to have -- the example that I used with that gentleman -- I hope I'm not being distasteful -- was condoms, you know. They're perfectly legal, but that doesn't necessarily mean that the City ofMiami should be advertising that. So, you know, I mean, there are just some things that are appropriate and some things that are not appropriate to be advertising or for the City to be getting involved in. So, you know, I think there is space for that kind of a constructive dialogue, andl think we have to be intelligent and reasonable with those things. Even if we might disagree on the ultimate issue, I think we may have a lot of circumstances where we can collaborate and have some more intelligent decisions that are being made to reflect the honor and dignity of our city. Chair Gort: Okeydoke. Any further discussion? Being none, all in favor, state it by saying "aye. Commissioner Suarez: Aye. Commissioner Sarnoff. Aye. Chair Gort: Aye. Commissioner Carollo: No. Chair Gort: Okay, I don't think we have any items left. Zoning -- PZ (Planning & Zoning) is being -- quite a few have been taken out, so come back at 3 o'clock. Commissioner Sarnoff. Okay. Victoria Mendez (City Attorney): Mr. Manager. Chair Gort: Yes. Ms. Mendez: I mean Mr. Chairman. I think that there's a session -- Chair Gort: (UNINTELLIGIBLE). Go ahead. Ms. Mendez: I think there's a session, so I just wanted to confirm. Will it be 3 o'clock at the session? Chair Gort: 3 o'clock. Commissioner Suarez: Can I just say, Mr. Chair, that I think have to be at the MPO City ofMiami Page 72 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 RE.9 13-01442 Department of Capital Improvements Program (Metropolitan Planning Organization) -- talking about regional transportation -- at 2, so that will be -- oh, it was cancelled? Okay, my apologies. Chair Gort: Okay, 3 o'clock. Ms. Mendez: Okay, so 3 o'clock, we'll just go directly there because we don't have to reconvene anything or say anything; directly upstairs. Chair Gort: Correct. Ms. Mendez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 13-0494, ADOPTED DECEMBER 12, 2013, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 13-01442 Summary Form.pdf 13-01442 Pre-Legislation.pdf 13-01442-Legislation-SUB.pdf 13-01142-Exhibit-SUB. pdf 13-01442-City Manager Memo -Substitution for Item RE.9 FY13-14 Capirtal Fund Appropriation Arr Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0035 Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: May I ask a question? If you notice, there are a number of seniors who came into the -- into our meeting today, and those seniors are from my district, District 5. Chair Gort: Yes, sir. Vice Chair Hardemon: And in reference to an item, RE. 9. And so what I was asking, is it any way possible -- Chair Gort: RE. 9. Vice Chair Hardemon: Oh, we can call it now? Thank you. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, Director of Capital Improvements and Transportation. RE.9 is our standard appropriations item. There was a substitution that was sent out yesterday just eliminating one of the items in the appropriation. Chair Gort: Will you go through the items, please? City of Miami Page 73 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Mr. Spanioli: I sure can. You have -- the first five items are appropriation transfers from projects to other projects. The second is a de -appropriation. And the last two items are new appropriations. I think the item where the seniors are here for is the second new appropriation, which is a $2 million appropriation for Hadley Park Community Center. Chair Gort: Okay. Vice Chair Hardemon: And Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: If at all, there is -- are any seniors that may want to address the body, is it okay if they address them? Chair Gort: They're welcome to. Vice Chair Hardemon: Thank you so much. Luther Campbell: I'm not a senior yet. I'm from Liberty City Optimist, Luther Campbell, the president, and we have some board members. Just like Commissioner Hardemon said, quite a few seniors, Ms. Dawkins is here in attendance as well. I mean, this project, if anybody know anything about it, this has been God knows how long, probably about 10 years. This money, you know, has been set aside, taken away, set aside. So, I mean, we're here basically because right now, if you know anything about Hadley Park, we have one center. In that one center, you have kids as well as seniors that occupy that one little center, and it's very, very difficult for that to -- that marriage to happen. So that's why, you know, I think about 10 years ago, City Manager Joe Arriola, you know, awarded this money to go to this park; at the same time, the money to go to the park over in Overtown at Gibson Park. Gibson has been built; Hadley Park has not been built. We have numerous amount of conversations with this gentleman here, you know, and money get misappropriated, money get moved around. We don't know how that actually happens in that course of time, but we just basically need that building built right now. I mean, we have a fence at the football field you played football at, and it's the same fence, you know, same stands. We have no gymnasium in your district. You know, we want more Heat players, we don't have a gymnasium. This will be, you know, something that will be great for this community and great for the seniors, as well as the youth. Chair Gort: Thank you, sir. Where's Ms. Dawkins hiding? Commissioner Suarez: There she is. Chair Gort: There she is. Commissioner Suarez: Stand up and make some noise. Chair Gort: There she is, yes. Nancy Dawkins: First, I want to say Happy New Year to the Commissioners, andl really enjoyed you complimenting Keith Carswell. He's a prodigy of Overtown, andl know him real well. I'm here with the seniors because -- to support the money that is being allocated for that building. The seniors -- Mr. Campbell, they're with the sports. Commissioner Suarez: Mr. Campbell is a senior? Ms. Dawkins: And I'm with the seniors; is that right, seniors? We want those students out of that City of Miami Page 74 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 building so we can have our building back; is that right? Applause. Ms. Dawkins: All right, (UNINTELLIGIBLE). Andl don't know why it's taking so long, but since we got a new Commissioner, I'm going to lean on him to see that we get our safety back, also get our space back. If you build that building, then the youth can have a building where we can only come to see them perform. We are tired of them performing in Hadley Park/Carrie P. Meek Center, andl'm here in support of it, andl'm asking the City Manager and -- I don't -- I know your position, but fast track, back track, or do something and find the money so that that building can begin to go up and we can see some progress, but I don't want to go down this aisle Chair Gort: Thankyou, ma'am. Ms. Dawkins: -- but I really want to shake Suarez' hand -- Commissioner Suarez: Thank you. Ms. Dawkins: -- and Carollo hand -- Applause. Ms. Dawkins: Congratulations to (UNINTELLIGIBLE) man, andl compliment you for what you've done. Thank you. Chair Gort: Thankyou, ma'am. Okay, is any -- Applause. Chair Gort: -- further discussion? Vice Chairman Hardemon, you're recognized. Vice Chair Hardemon: Well, I do have one question. Can you please explain to the Commission exactly how these funds came about, what projects were promised to the community, and what projects were built, and what was left over after this funding process? Mr. Spanioli: Well, Commissioner, the -- Hadley Park, along with a number of other parks, were parks that were funded with Homeland Defense dollars. This project -- this park project had a shortfall for a long time now, andl guess with the allocation of impact fees, we'll be able to fill that shortfall. There were other parks -- Gibson Park, Moore Park; various parks throughout the City -- that were built using Homeland Defense dollars. This is probably the last large park that's using the Homeland Defense dollars that's still yet to be built. Vice Chair Hardemon: And Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: My brethren of the Commission, and my plea is to you, of course, because it is you who have the votes in this matter. And the one thing want to start by saying is that there were promises made to this community for this park, just the same as there were promises made in Overtown for the development of Overtown, and a lot of those promises within our community have not been fulfilled, and even today we have further issues with the CRA (Community Redevelopment Agency) in the granting of our bond dollars. So I want to say that this is something that this park greatly, greatly, greatly needs. This is a park, like Mr. Campbell said, that I grew up on. I walked from 7th Avenue to 16th Avenue to go to this park every single City of Miami Page 75 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 day to play baseball and to play football. And when Ms. Dawkins talks about a place for the children, I know she means it with all love, but when she talks about a place for the children, you have to remember what is happening in Liberty City, what is happening in Overtown. Our children are dying every single day in the streets, but they're not dying on the parks. So the parks continue to be the lifeblood of this community. At the -- at 5 o'clock when the lights come -- well, really, at 3 o'clock when the lights start to become -- start to come on in that community, there's an influx of seniors and children to the parks. We have to continue to invest in our parks so that children have alternatives. Because if they're not at the park, they're breaking in your car. If they're not at the park -- Applause. Vice Chair Hardemon: -- they're being held at the Juvenile Justice Center. If they're not at the park, it is -- they become a nuisance to the community instead of an aid to the community. So I say that the safety of this community is so important, and allocating these dollars is more than just a promise to fulfill, but it really, truly gives the children an option to choose to better their lives. Because I can tell you this: if it were not for -- I grew up as a single -- with a single mother, and she was really not here because she was fighting a war overseas. So if it were not for the park and people like Mr. Campbell to set me straight as a man in the community at that park, I wouldn't be here before you today. So I'm asking that we use these dollars that are not earmarked for anything else to fulfill the promise that we made to this park so that the children have a place that they can feel safe and that they can actually do the things that make them children and not felons. Chair Gort: Make a motion. Commissioner Suarez: Mr. Chair. Chair Gort: Motion. Applause. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: I think we have one more. Commissioner Suarez: Want to move it? Vice Chair Hardemon: Okay. Look, so with that being said, I move that we -- Commissioner Carollo: Second. Vice Chair Hardemon: -- approve RE.9. Commissioner Suarez: Discussion. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Go ahead. Commissioner Suarez: Mr. Chair. Chair Gort: Want to speak? Nadege Jasmin: Oh, yes. Hi. My name is Nadege Jasmin. I was brought on the board recently City of Miami Page 76 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 for Liberty City Optimist, andl currently work for UM (University ofMiami), doing grants and contracts. The reason why I'm here is also second what Keon said in regards to how important this building would be. Not only would we provide a safe place for them, but I was brought on board to get grants for the community, educational grants, life skills, mentoringship [sic] program, etiquettesy [sic], teaching them about safe sex, gun, prevention. All of these things will be implemented in the new building, andl think it's very important that we allocate the funds correctly to help the kids. Chair Gort: Thankyou, ma'am. Commissioner Suarez: Mr. Chair. Ms. Jasmin: Okay. Chair Gort: Yes, sir. Commissioner Suarez: Thank you, thank you. Commissioner Hardemon -- Applause. Commissioner Suarez: -- like they said in the movie Jerry Maguire, "You had me at hello." So I don't know what's more worrisome, the fact that Mr. Campbell is the one setting you straight or that he was -- that he's in a group of seniors. No, look, I've been to the park many, many times. I've spent a lot of time with each and every one of you. I've gotten to know each and every one of you personally. I've given you a lot of hugs and kisses and played Dominos with you and -- You know, we have a very -- we had a very similar situation at Shenandoah Park where we had the community and the kids kind of having to compete for a very limited amount of resources, and we were able to find a way to build two separate facilities; one for the kids -- and they have a great cheerleading program, by the way, there -- it used to be run out of there -- called the Primus Angels; and for the community to have community meetings, et cetera, et cetera. So, you know, I fully support it. Andl know that, you know, the allocation of these dollars from these areas are -- can be complicated, and so I commend the Commission for its generosity in understanding that community needs are not district -specific; they are -- you know, they're for the community. So thank you. Chair Gort: Thankyou. Commissioner Carollo. Commissioner Carollo: Well, seconding the motion, I think, speaks volume, so, you know, I'm in support of this. I've been an advocate for -- well, since my tenure here in the community -- Moore Park, and I've been an advocate of park programs, so I mean, this is a no-brainer. Again, there's only a limited amount of resources, but at the same time, you know, I've always said that this is also one city, and we can't -- even though we all fight for our districts, we can't just look at our own districts; we need to look at it citywide, and that happened when I first came to the Commission and I fought for the snack program that I mentioned earlier where District 3 had no snacks program, and you know, the lack of park space in District 3. However, at that time I said, you know, we can't be shortsighted. And when Commissioner Sarnoff wanted to push 1814 Brickell, a park there, I said, you know, just because District 3 don't have parks or enough park space doesn't mean that I'm going to be shortsighted and vote against it, you know, so I voted in favor of that, andl was very proud that, you know, Brickell obtained a new park. So this to me is a no-brainer. We are one city. And I'm supportive of this. Chair Gort: Thankyou. Well, let me tell you, Ms. Gibson [sic] always is after me to make sure that we do everything correct there, but as the Vice Chairman stated, you keep a kid in the park, you keep him out of trouble. City ofMiami Page 77 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 RE.10 13-01450 Department of Capital Improvements Program Commissioner Suarez: Absolutely. Chair Gort: Andl went through that experience myself. So no further discussion, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: You got your park. Applause. Chair Gort: Okay, we go back to RE. 3. Commissioner Suarez: Tio Luke, Tio Luke, Tio Luke. Mr. Campbell: Commissioners, thankyou, thankyou. Ms. Dawkins: I'm back again. I want to thank the Mayor. I want to thank our Commissioner, andl want to thank all of you, and l feel relieved. And with that building, it's not going to be exclusive now for children, because the children need education and they need grandparents -- Chair Gort: That's right. Ms. Dawkins: -- and that's what we have, and we intend to go over there and teach manners and behavior. Thank you very much. Applause. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JUNE 20, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-028, FROM DIPOMPEO CONSTRUCTION CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE HADLEY PARK YOUTH CENTER PROJECT, IN THE AMOUNT OF $6,535,777.60, WHICH INCLUDES $5,347,000.00 FOR THE SCOPE OF WORK, $510,000.00 FOR SELECTED ADD ALTERNATE ITEMS, AND AN ALLOWANCE OF $104,616.00 FOR PERMIT FEES, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $594,161.60, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $6,535,777.60; ALLOCATING FUNDS IN THE AMOUNT OF $6,535,777.60, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-35883AAND B-35883AS, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-01450 Summary Form.pdf 13-01450 Legislation.pdf 13-01450 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 78 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Note for the Record: Item RE.10 was deferred to the February 13, 2014, Regular Commission Meeting. END OF RESOLUTIONS BUDGET BU.1 DISCUSSION ITEM 13-01427 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET 13-01427 Summary Form.pdf DISCUSSED Chair Gort: What do we have left on the regular agenda? RE.10? Commissioner Sarnoff. No. Chair Gort: That's complete, no. Commissioner Carollo: We haven't done it yet. Commissioner Suarez: But are we doing it? ToddB. Hannon (City Clerk): RE.10 was continued. Chair Gort: Okay. Then we'll go back to PZ (Planning & Zoning)? Christopher Rose (Director, Office ofManagement & Budget): BU (Budget). Chair Gort: We got -- oh, wait a minute. You have the presentation from the -- no, no, go ahead. Mr. Rose: Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. This is the monthly budget report for the books closing on December -- in December. With 25 percent of the year done thus far, we have no department that is more than 27 percent of their expenditures, so we're in pretty good shape. We have $106 million of expenditures thus far. However, three months in, we are seeing some trends emerge; in particular, overtime is one that we're keeping a very close eye on. In the Police Department and the Fire Department, they have spent a great deal of their annual overtime budget, and we're going to keep monitoring that. In both cases, the overtime is at least partially offset by regular salary and hiring delays, but it is not fully offset. You can see some of the other items that we might be bringing to the Commission in the report that sent out earlier this week. In terms of revenue, we're doing very well. We brought in $240 million, which is just under 50 percent of the annual budget for the year, and it is right about where we should be at this point of the year with seasonality and property taxes coming in in the month of December. There are a few revenues as laid out in the report that we're watching, but on the whole, we're right about where we should be in terms of both revenues and expenses. We will be doing projections; we have not done them this month, but next month will be the first month where we're projecting to the end of the year, so you'll be seeing that in following reports, and I'll be pleased to take any questions you might have. Chair Gort: Thank you. Any questions? Being none, I have a request from the public, a gentleman that would like to speak on this issue, Alberto Machado. Yes, sir. City of Miami Page 79 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Alberto Machado: My name is Alberto Machado. I am a United States citizen. I am concerned about the budget. Chair Gort: Your address, sir. Mr. Machado: And as -- Chair Gort: Your address. Mr. Machado: I'm sorry? Chair Gort: Your address. Mr. Machado: My address? Sure. It's 3800 Collins Avenue, Apartment 216. And I'm concerned about the budget in the State of Florida. There have been a -- $150 million disappear out of the blue sky, and if you people are too rich that you refuse to work out to see is that million and a half -- 150 million come back to this country, something is wrong. I have over here the write-up of the newspaper who says everything about it and appears in the paper two years ago. This money, $41 million out of the 191, was -- were expended, but only 150 fly the coop, and whatl would like to say is, is any possibility that an attorney from the City could help me? Because I have a lot of knowledge about the problem with this guy to get that money back. I asking you the question. Chair Gort: Finish your presentation, andl'll answer your question. Mr. Machado: All right. Other than that, I will like to see that the police will be more effective and add more policemen because the crime all over the place is very bad, and we need protection. Now, other than that, I don't want to spend too much of the time. I have a time -- Chair Gort: Okay. Mr. Machado: -- machine. But if you do understand what I'm saying, I speak seven languages, and I'm very clear stating. Chair Gort: Thankyou, sir. Well, I'll ask you to go to the attorneys over there, and they'll let you know the procedure you can follow to file your complaint, okay? Mr. Machado: Thank you so much, sir. Chair Gort: Thankyou, sir. You have a good day now. Any question of the Budget director? Thank you. Do you have anything else? Mr. Rose: Yes, very quickly. In March, we'll be bringing the midyear budget amendment. I alluded to it, but I'll say it again. In March, we'll be bringing the budget amendment, midyear amendment for your consideration. There are some things in the report that you can take a look at that will likely be in that, or at least as I can see right now will be in it. Overtime is kind of the largest one that we're looking at right now. Thank you. Chair Gort: Thankyou, sir. Mr. Machado: Thank you so much for helping. Chair Gort: Sir, go right over there and they'll let you know; yes, sir. Mr. Machado: Excuse me. City of Miami Page 80 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 DI.1 13-01430 City Commission END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-01430 Cover Page.pdf 13-01430-Submittal-Chief of Police.pdf DISCUSSED Chair Gort: Chief you're on. Manuel Orosa: Good afternoon, Commissioners. Chief Manny Orosa, Miami Police Chief. We submitted the memorandum that you requested; updated it by the last Commission meeting. The only thing we have to add to it is that after the -- we sent the memo, we have the process of police certifieds. We have eight officers left on the certified list. That list is going to be exhausted. Those are the last eight candidates. Four of them are pending medical, and then four are still in the background stages. We should be hiring by next week sometime. And then we opened up the list for recruits, basic recruits. We had 1,322 applicants; out of those, we invited the first batch of 362. Last week, they had orientation on January 13, 14, 15, and 16. Every day was a different group and we -- out of the 362, we disqualified about 70. We have 297 left, and they're undergoing physical agility. They started this week doing physical agilities, and by next week, they will begin the background investigation of that group. As soon as we're almost done with the 362, we'll start the next batch, and then the next batch, and then we expect to exhaust the list sometime -- I want to say July, August. We're hoping that from that list, we keep true to our numbers of hiring 9 to 10 percent, which means out of the list, we'll probably hire like 100 -- anywhere from 110 to 120, which will bring us above full staffing. We don't expect a lot of people leaving this year; probably around the 20s. Chair Gort: Out of 362 -- Chief Orosa: Correct. Chair Gort: -- how many do you think will make it? Chief Orosa: Usually 10 percent. Chair Gort: Ten percent. Chief Orosa: Nine to 10 percent. Chair Gort: You're talking about 32. Chief Orosa: Correct. Chair Gort: Thirty-six. Chief Orosa: Correct. Chair Gort: Thirty-six will make it. So the next batch and this 36 will take how long before they can come on board? Chief Orosa: This batch, probably around -- I want to say around April, sometime the beginning City of Miami Page 81 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 of April. Chair Gort: They'll be able to come aboard? Chief Orosa: Correct. Chair Gort: All right. Chief Orosa: Being hired and then go through the training. And then we'll -- Commissioner Suarez: Mr. Chair. Chief Orosa: -- go to the second batch and then the third batch. We will be exhausting that list and opening up another list. Commissioner Suarez: Mr. Chair. Chair Gort: Okay. Yes, sir. Commissioner Suarez: Well, first of all, I want to thank the Police Department for producing this. It's -- I'm sure it's very time-consuming, and it's very difficult, because I know some of this information isn't even computerized, so I appreciate you, you know, listening to the City, you know, Commission's directive and updating it as we have requested. I know it's hard, and it's time-consuming, and it's cumbersome, and we've done it on a couple of other items that have some sort of parallel, andl think when it gets to a point where we want the specificity, it's because we want to demystify the process a little bit -- Chief Orosa: Right. Commissioner Suarez: -- for ourselves, the laymen that -- you know, some of us here are lay in terms of being police officers, obviously. One of the concerns that I had, andl expressed it today in a meeting with your executive assistant, is that part of the reason why we are so adamant about, you know, hiring more police officers is we're afraid that what'll happen is resources will be shifted from one district to another, from one area to another, which is fine, because we obviously have to attack crime where it's happening, but the consequence of shifting the resource and not having a backfill is that then, in essence, we solve it in one area, and then it starts to flare up in another. And that's essentially what is happening in a very small sample in my district, in the Flagami area where we had had two very, very good years of crime going down, and now it looks like PST (Problem Solving Team) resources have been shifted to other districts. And that's a very small sample. It's only one month, and you really can't -- you know, I understand that it's not a good idea to draw up broad conclusions from one month, 30 days' worth of sample. It's just something that, as a Commissioner, you start to see a trend, and you want to make sure that it doesn't get to the level of community meetings, constant community meetings, which has happened to me before, so I'm kind of like trying to prevent that from happening. It happened to me in Coral Way a few years ago where officers were shifted away from Coral Way, and we had a rash of burglaries for months and months and months and months. This predates your tenure as Chief. You know, again, I think, you know, this item will probably not go away until we are fully satisfied that -- and the number edged up, and the number per thousand edged up, too, to 2.7 from the 2.68 from the last one. I know it sounds like an incremental increase, but it's important for us to see the progress. Andl think we all want to get to that number, that 4.0, because then I think that'll be the number where we're not back -- we don't have to backfill. We don't have to rob from Peter to pay Paul, you know, so to speak, in terms of shifting police resources. Chief Orosa: A couple things, Commissioners: Your PST was decimated, because we City of Miami Page 82 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 established a new detail in SIS (Special Investigative Section). There's a vice detail. They'll be doing vehicle impoundments, which is basically going after the hookers and the johns, and it's going to be predominantly in your area, and we're starting those operations. I believe there's one tonight and one Friday -- or not Friday -- Saturday, and it's going to be continuous. We're going to be moving them where the prostitution calls for, and then it does two things: One, it arrests the johns; it takes the hookers out of the way; and it (UNINTELLIGIBLE,) revenues into the City as well. The other issue: As soon as we have a qualified individual to be in charge of your PST, you'll get your PST fully staffed back again. The other thing would like you to take a look at is on page 2 of the memorandum, you can see a graph as to our hiring. Last year, we hired 110; that is the most in the last 20 years of one year. I remember when I came on board, Commissioner Sarnoffwas -- his main concern is that we can only hire like 20 or maybe 30 a year. I think 110 goes a long way to resolve and fix the problem that Commissioner Sarnoff saw when I first took over. And like I said, this year, we anticipate that from this list, we're hoping that we can hire around 120, and by the end of the year, we'll be in the 150s to 160 numbers. Hopefully, we don't break the budget, because we don't have the budget for that right now. Commissioner Suarez: Andl appreciate that, andl think, you know, obviously, that's why it's important to communicate, because, you know, we, as Commissioners, being lay people, we see numbers, and we see correlations. Like, for example, you know, our crime was up in Flagami in January by 17 percent, and our PSTs were down to -- we had one PST. And then in areas like Coconut Grove, they had nine PSTs, and areas like Little Havana had seven PSTs. So -- and then that's a trend from the two prior years where we were reduced 14 percent each year in crime in Flagami. So, you know, from my perspective, it's -- this is a collaborative effort. We're all working together, you know, andl think whenever there's an issue, I brought it to your attention, because I want to make sure that it doesn't become systemic to the point where I have to start going again to community meetings in Flagami, like I was in Coral Way. Andl trust in what you're telling me; that once you have the qualified personnel, our PST units are going to be restored and hopefully -- because prostitution is a big issue in Flagami, but it's not the only issue. Chief Orosa: Correct. Commissioner Suarez: There's break -- we have the same issues that Coral Way has, that Coconut Grove has, and we all know that if we ignore those issues or we allow them to continue to escalate, then what -- it starts off as a relatively small problem, turns into an epidemic, and then all of a sudden, you have in areas where you're not accustomed it home invasions, like we've seen in Coconut Grove on a couple of occasions. And that's not even getting into some of the more dramatic areas of our City that have a violence level that we just -- I'll let the Commissioner talk about it himself, if he wants to. But, you know, I mean, it's frustrating as a Commissioner not to have better answers to those kinds of issues. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. Chief -- thank you, Mr. Chair. IfI heard you correctly, you anticipate -- well, didl hear you correctly -- 150 officers you'll potentially have to hire? Chief Orosa: Commissioner, if we go on our current rate of 9 to 10 percent, we can extrapolate that out of the 1,322 that applied, we will be hiring around 130 --120 to 130; that's on this list. As soon as this list is about to expire, we're going to open up another list, and hopefully, by the end of the year, we can have another 40 to 50 people from August to December hired. So that's where the 140, 150, 160 number comes into play. Commissioner Sarnoff. Now, one more time, give me the number -- I don't mean to make you do it, butl write this stuff down. City of Miami Page 83 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chief Orosa: If we hold true to what has been shown in the past by hiring 9, 10 percent, that will mean that we will hire from this current list around 120; hopefully 130. And -- Commissioner Sarnoff.. One hundred and twenty officers would be hired from this list. Chief Orosa: From this list if the numbers hold true of 9 to 10 percent. Commissioner Sarnoff.. When you say "this list" -- Chief Orosa: Yes. Commissioner Sarnoff.. -- you're talking about the one that's about to close? Chief Orosa: No, no, no, the one we just opened, the one we opened; it opened in January. Commissioner Sarnoff.. This January list. Chief Orosa: Right. Commissioner Sarnoff.. Okay. Chief Orosa: We're going through the physical agilities right now. Commissioner Sarnoff.. And so when you use the word "hire" -- I want to make sure I'm using the word "hire" correctly -- that means a uniformed officer is either going to be a certified or he's going to be a person that's going to be put into the academy. Chief Orosa: A -- correct; a person that is getting a paycheck from the City and occupying a budgeted position. Commissioner Sarnoff.. So -- Chief Orosa: Whether he's ready for the street or the academy. Commissioner Sarnoff.. I think it's a marvelous problem; however, we've only got 63 vacancies and you're saying there'll be 120 hires. I don't have a problem with that. Commissioner Suarez: I don't, either. Commissioner Sarnoff.. I mean, I'd be the first guy to do the midyear adjustment, and, yeah, I could see the Budget director back there, saying, "Who are we firing next?" But I can tell you from this perspective -- Chief Orosa: It's a good problem to have. Commissioner Sarnoff.. -- we (UNINTET,TIGIBT,F) far left now, Chief (UNINTET,T IGIBT ,F) Commissioner Suarez: It's a good problem to have -- Commissioner Sarnoff.. Right. Commissioner Suarez: -- in the sense that -- given our goals. Commissioner Sarnoff.. Right. So -- City of Miami Page 84 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: You know, what our goals are. Commissioner Sarnoff. -- you're saying that -- Chief Orosa: But keep in mind also that we expect around 20 to leave. Commissioner Sarnoff. Okay. Chief Orosa: And, you know, some people do screw up, and they get fired in a year. We're averaging around 10, so expect another 20 -- expect about 30 people. Commissioner Sarnoff. But -- all right. Chief Orosa: But still, we're still in the plus. Commissioner Sarnoff. I gotcha. But I heard you say 120 from this list; then there's going to be another list. Chief Orosa: Correct. Commissioner Sarnoff. And from that other list, you anticipate, ifI heard you correctly, 30, 40, 50 officers? Chief Orosa: Yes. Commissioner Sarnoff. So, okay, that puts you -- Chair Gort: A hundred fifty. Chief Orosa: I anticipate that we can hire about 150, 160 by December of this year. Now, whether we're going to have the money in the budget for that, that's a different story. Commissioner Sarnoff. Well, that's not your problem; that's our problem. I'd love for you to give us that problem. Chief Orosa: Okay. Commissioner Sarnoff. Can you do me one more favor? 'Cause I look at your brackets, your spreadsheet, and I -- I'm not trying to add stuff for you, but when you give us a number of 2.7 or 2.66 residents per 1,000, you're giving us nighttime population. Can I have a column for daytime population? Chief Orosa: Yes, but that's a big guess of the daytime population. That's the transient population to the City. Commissioner Sarnoff. I will give you the actual, actual number. Chief Orosa: It's about 750, sometimes 650. You give me the number and we'll put them -- the formula together. Commissioner Sarnoff. I'll give you the exact number that is provided by two different sources that you'll enjoy. Chief Orosa: Okay. City of Miami Page 85 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Sarnoff. So I'll get you that number. Chief Orosa: Okay. Commissioner Sarnoff. Then the other thing I'd like to know is -- maybe it's not on a list, but how many people -- for instance, let's just use the number 100. Of 100 -- and guess they're called "candidates." How many failed the physical agility test; is it 90 percent, 10 percent? How many of them failed the psychological test; is it 90 percent, 10 percent? How many of them failed any other background investigation? Chief Orosa: I'll let Junior explain that since he's got more hands on that than I do. Armando Aguilar: Good afternoon. Armando Aguilar, executive assistant to the Chief of Police. I don't have the exact numbers, but roughly, we can say between the physical agility and the psychological test, that could knock out 40 to 50 percent of the candidates. Commissioner Sarnoff. So 40 to 50 percent can go by psych and by physical, right? Mr. Aguilar: Right. A large number also just by factors that are automatic disqualifiers, such as past criminal history, driving history, drug use. Those are the 70 or so that the Chief mentioned that, coming in the door, they were told "Thanks, but no, thanks. You're not going to be processed." Commissioner Sarnoff. Wait, wait. So of the background -- you call that the background? Mr. Aguilar: No. That's the -- I guess a cursory background. That's the initial criminal check. The background comes towards the end of the process, interviewing old employers, things of that nature. Commissioner Sarnoff. So once I'm a candidate -- now, once I -- so Candidate Sarnoff has now failed the psychology, the physical; he's in that 40 to 50 percent, right? Mr. Aguilar: Correct. Commissioner Sarnoff. All right. Now, Candidate Sarnoff somehow duped you guys got, through the psychological; of course, he'd make the physical. And then he goes on to the background. Call it the super -- Mr. Aguilar: Polygraph first. Commissioner Sarnoff. We'll call it the super background. Mr. Aguilar: Before that, the polygraph. Commissioner Sarnoff. All right. How many washed out at polygraph? Mr. Aguilar: I don't have that number, but I'd say -- and it can be different on any list, but we may lose another 20 percent there. Commissioner Sarnoff. Okay. And then what's the next criteria cutoff? Mr. Aguilar: That's the -- Commissioner Sarnoff. (UNINTET,TIGIBT,F) Super background or -- City of Miami Page 86 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Mr. Aguilar: Correct. That's where -- Commissioner Sarnoff. It's where you get friends and relatives to say, "This guy would make a horrible cop; don't hire him." How many washed out there? Mr. Aguilar: Again, very rough estimate, maybe another 15, 20 percent that -- things that come up that the candidate didn't reveal early on, that had we known from the very beginning -- you know, for example, why did you leave your last job? "Well, I left to go back to school." Well, now we go talk to the boss, and you were fired; things like that. Commissioner Sarnoff. So is it fair to say once you become a candidate -- so once you've passed that minimum criminal background investigation or drug use, or whatever you might want to call it -- approximately 75 to 85 percent of the people will not make it through the total screening process? Mr. Aguilar: That's right. The end product is the 9 or 10 percent that are left that come after the background, and then the last step being the medical exam, which -- Commissioner Sarnoff. So it literally does take 1,000 applicants to get 100. Mr. Aguilar: Yes. Commissioner Sarnoff. Okay. Vice Chair Hardemon: Unless there were 1,000 like you. Commissioner Sarnoff. Exactly. Chair Gort: No problem. Any other questions? Chief let me ask you a question. Chief Orosa: Yes, sir. Chair Gort: I received a -- somebody that lived out ofMiami and moved because their elderly mother needed help in the Roads, and he told me he was very happy with the police performance in the Road [sic], but then he says they were going to take it out because the people doing the patrolling were off duty. Is that --? Chief Orosa: Well, we had a rash of -- Chair Gort: They were going to be taken out and -- Chief Orosa: No, no. We had a rash of -- we had some burglaries, a rash of suspicious people in the area, so we beefed up the Roads. We paid a little bit of overtime to cover some of those shortages of people, but now we're going to be leaving the same amount of people there, but we're going to be allocating people on duty for that purpose. Chair Gort: So the same patrol is going to continue there. Chief Orosa: Yeah. Chair Gort: Beause that was his worry. Chief Orosa: Yes. Chair Gort: All right. City ofMiami Page 87 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Yes. Chief Orosa: They don't have to worry about that. That's Commissioner Carollo's worry too, so Chair Gort: But I got a call, a friend of mine from school, so he's the one that called me and asked me about this thing. The -- and this, we're going to be able to implement through all the neighborhoods? Chief Orosa: Excuse me? Chair Gort: We're going to be able to implement this through all the neighborhoods? Chief Orosa: When we get the bodies, yes, sir. My whole goal is to put as many people on patrol and police cars as possible out of the 120 that I'm talking about earlier. Chair Gort: My understanding, we're going to remove officers from the administration part and put civilian in. Have we been able to do that? Chief Orosa: Yes. We've been able to move five. We have two more that are going to be moving soon as we -- as soon as we get two people off the list, and then we have some interviews scheduled for -- for example, like IT (Information Technology) techs and other secretarial type of individuals that will come on board after the interviews are -- in early February, they'll come on board and those people can go out. Chair Gort: Thank you. Anyone else? Commissioner Sarnoff. Just to sort of reiterate, so of the 20 officers that you, Commissioner Carollo, have been able to ident, 9 have been placed, but we're waiting on 11, correct? Chief Orosa: Yes. Nine have been sent back to patrol. Commissioner Sarnoff. Right. Nine are in patrol and eleven are awaiting to have their civilian replacements hired. Commissioner Carollo: Right. Chief Orosa: Yes. Commissioner Sarnoff. And this is the best we can do at the pace we're going? Chief Orosa: "The best we can do?" That's a loaded question. Commissioner Sarnoff. These aren't cops we're hiring. We're not hiring cops; we're hiring civilians. Chief Orosa: For hiring civilians. Commissioner Carollo: Commissioner Sarnoff, and one officer that was going to go back on patroll believe decided to retire; is that correct? I thought one that we identified -- Chief Orosa: No. We -- well, there was one officer that was going to go back to patrol, and, yes, she retired, but a total of five were sent back -- City of Miami Page 88 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Right. Chief Orosa: -- to patrol without replacement. A total of nine were sent back to patrol. Five of those we don't need civilian replacements. These are -- Commissioner Carollo: Right. Chief Orosa: -- jobs we found that we can do otherwise without hiring a civilian. Commissioner Carollo: And that was -- from my understanding, that was pretty much where we were going to be at until we start finding the civilians to replace the officers. Commissioner Sarnoff. I just remember a comment that we thought we could be there by December. And we're not hiring cops. We're hiring civilians to let 11 cops go back on patrol and -- Commissioner Carollo: I think we're doing both. Commissioner Sarnoff. No, we are doing both. Commissioner Carollo: Right. Commissioner Sarnoff. But I'm just saying of the 20, we're still holding 11; 11 police officers staying in the station because we're still in the -- we're still trying to hire 11 civilians to replace them, and l just think we could be moving a little more rapid. Chief Orosa: I think part of the problem with that is there were some lists that we could go from, but those lists did not have enough candidates to fill every position so -- Commissioner Sarnoff. We -- Chief Orosa: -- we're getting the ones we have on those lists now, and then have to do interviews in early February for the rest. We've come a long way, Commissioner, from when we were down 90 officers to now 70, plus the 35 you added. And we've come a long way from hiring in the 20s to 110. Commissioner Sarnoff. I can't wait in December to make a motion to add 60 more cops, because you have 150 cops to hire. I can't wait for that debate. Chief Orosa: Okay. Commissioner Sarnoff. Thank you. ChiefOrosa: One last thing: I want to thank you all. We instituted the -- what's it called? Commissioner Suarez: VIP (Vehicle Impoundment Program). Chief Orosa: I'm getting old, my memory is going. Commissioner Suarez: The VIP. Chief Orosa: The what? Commissioner Carollo: VIP. City of Miami Page 89 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: The VIP. Chief Orosa: No, not the VIP. The court restitution, we got our first check of $2, 000. Commissioner Suarez: Awesome. Chief Orosa: So thank you for your support. Commissioner Sarnoff. You got your license plate readers out there too, don't you? Chief Orosa: Excuse me? Commissioner Sarnoff. You have your license plate readers out there too, don't you? Chief Orosa: Yes. Well, actually, we're going through training now, and the first one was deployed where it belongs. Those people have been trained Now, we're training the three districts. As soon as they get trained, it'll be deployed to the districts. Vice Chair Hardemon: Did the car come with the license plate reader; is that how that works? Chief Orosa: No. We buy the car and then the company comes and installs it. Vice Chair Hardemon: Oh, okay. Chief Orosa: And we purchase that separately. Vice Chair Hardemon: Okay, okay. Chair Gort: Thankyou, Chief. Any other questions? Do I have a motion to adjourn? Commissioner Sarnoff. So move. Vice Chair Hardemon: Move. Chair Gort: Thankyou all. I appreciate it; good job. DI.2 DISCUSSION ITEM 13-01441 Office of Management UPDATE ON MIAMI-DADE COUNTY LIBRARY SYSTEM. and Budget 13-01441 Summary Form.pdf 13-01441-Submittal-City Manager.pdf DISCUSSED Chair Gort: Okay, we have district items. Commissioner Carollo: I defer mine. Chair Gort: District 2. Commissioner Sarnoff. I'm sorry, Mr. Chair. What happened to the Police discussion? Chair Gort: We can have it, yes. Commissioner Sarnoff. I think -- City of Miami Page 90 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Chair Gort: DI 1 and DI2. DI 1. DI]. Commissioner Suarez: Let's do DI. 2, if they're ready. Is DI.2 ready? That should be -- Chair Gort: DI 2. Commissioner Suarez: That should be quick. Johnny Martinez (City Manager): DI. 2, while the Chief gets here. I have spent at least six hours going to the Mayor's taskforce meeting, and don't really have anything super sexy to report. I've made a copy of a chapter in their thing regarding funding for the libraries. I will say that the millage in the early 2000s was .860, and it's been rated, and it's down to .1725, and proffer that there's going to be a millage in between that could sustain the library system at the current level, and my logic is the .860 included capital projects were over and done with; therefore, there has to be a millage in between. And in the February 5 meeting, one of the main topics is going to be the funding of the libraries at the next meeting. But I've given you a handout, because they did a survey, and there's specific questions that were answered in the survey by different parts of the population, andl think 54 percent of people with degrees are in favor of raising their property taxes to support the library system. And one thing -- yes, it's in the handout; look, you can see it there. And another thing that was kind of curious: They asked homeowners versus renters whether they should raise their taxes, and it was equal. You would think the renters would overwhelming be more than the homeowners, but no, it was basically equal, which I thought was surprising. Commissioner Sarnoff. Can I just address this, Mr. Chairman? Chair Gort: Sure. Commissioner Sarnoff. So ifI get you right -- and I'm not going to -- I didn't study this, so let me be candid. You're saying that the County had a mill rate for libraries -- Mr. Martinez: Yeah. Commissioner Sarnoff. -- took the money in, and then used it for other purposes? Mr. Martinez: Well, I think they used it to balance their budget in other areas. Commissioner Sarnoff. Used it for other purposes. Mr. Martinez: Yes. Chair Gort: Yeah. Mr. Martinez: It's been -- yeah. It's been rated. It's down to .1725. Commissioner Sarnoff. They took money designated for libraries. Mr. Martinez: For libraries. Commissioner Sarnoff. And they used it to pay -- I don't know -- clerks. Mr. Martinez: To balance their budget and pay the clerks (UNINTELLIGIBLE). Commissioner Sarnoff. Okay, balance their budget; fair enough. And now you want to -- you City of Miami Page 91 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 say that the electorate, knowing that -- Mr. Martinez: Right. Commissioner Sarnoff. -- would vote for a tax increase -- a mill rate increase for libraries. Mr. Martinez: I've been corrected by my Budget director. They lowered the millage. They didn't officially -- He's the one. Go ahead. Christopher Rose (Director, Office ofManagement & Budget): Commissioner, the Manager is correct; the library millage was .8 and now it's .17. It has been reduced greatly; 65 percent over the last five or six years. They didn't bring in library money and then spend it elsewhere, but they have steadily lowered the library millage rate and put that millage rate to other things over the last years. Commissioner Suarez: They swapped it out. Mr. Martinez: Right. Mr. Rose: I just want to be careful how it's said. Chair Gort: Same thing. Commissioner Sarnoff. Yeah. I don't -- you know, if we do something like that, don't defend us, but you're -- I just want to be clear. You took money in for a designated purpose, but you used it for something else. Mr. Rose: No, sir. Commissioner Sarnoff. No, sir. Mr. Rose: Sony. Commissioner Sarnoff. They're not (UNINTELLIGIBLE). Mr. Rose: The money that was in the library millage was spent in the library, and over the years, the library millage has been decreased steadily, so any money that was brought in for libraries was spent on libraries, but that money has been greatly decreased. Commissioner Sarnoff. So -- all right. Commissioner Suarez: What they've done is as property values have gone up -- Commissioner Sarnoff. Right. Commissioner Suarez: -- they've decreased the library millage and increased their other millage so they can say that there's no net increase. Mr. Martinez: Correct. Commissioner Suarez: Basically. Commissioner Sarnoff. But they have not spent -- like with WASA (Water & Sewer Authority), they didn't take the WASA money and apply it to other parts of their budget. City of Miami Page 92 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: Correct. Mr. Rose: They did not do that. Commissioner Sarnoff. They did not. Commissioner Suarez: They did not. Commissioner Sarnoff. Okay. Commissioner Suarez: That would have been a problem -- Mr. Rose: Let me be -- Commissioner Suarez: -- major problem. Mr. Rose: -- very clear on that. No, they did not do that. Commissioner Sarnoff. Okay. Mr. Rose: But the library does have multiple millages -- forgive me -- the County has multiple millages, so as one went down, the other went up, so it's not just growth in roll. Commissioner Suarez: Agreed. Mr. Rose: It's changing millages from one -- Commissioner Sarnoff. Yeah. I think what Commissioner Suarez is saying, so the gross millage appeared to go down as opposed to the net millage -- Commissioner Suarez: Shugging [sic] Commissioner Sarnoff. Right. Mr. Rose: Yes, sir. Mr. Martinez: So anyway, they're looking at things like public private partnerships to step in, step up to the plate and help with this situation. Chair Gort: Okay, any other questions, Commissioners? Commissioner Suarez: No. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Okay, we're back. We're going to begin, since we have a couple of time certain PZ (Planning & Zoning) items. Madam Attorney, would you make an announcement in PZ. Victoria Mendez (City Attorney): We shall now begin the Planning & Zoning items. Planning & Zoning items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section City of Miami Page 93 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 7.1.4 of the Miami Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the item, they may also waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes unless modified by the Chair. 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 pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thankyou. ToddB. Hannon (City Clerk): Good afternoon. Chair Gort: Thankyou. Mr. Hannon: Sorry, Chair. Chair Gort: Go ahead, Mr. Clerk. Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thankyou. PZ.7 -- first announce all the items that been deferred. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. I will -- perhaps the best way to do this, Mr. Chairman, is to read the items that we are going to recommend be continued. I happen to know that there are some items where the applicant will prefer they not be continued, and they certainly have the ability to make that presentation to you, but I will first read in the list the items that I would like to recommend for a continuance. They are PZ.1, PZ.2, PZ.3, PZ.4, PZ.5, PZ.6, PZ. 7 -- I'm sorry, not PZ. 7. Chair Gort: No. Mr. Garcia: Let me correct myself, not PZ.7. -- PZ.9, PZ.10, PZ.11, PZ.12, PZ.13, PZ.14, PZ.15; and PZ.16 is actually to be withdrawn. So those are the items that we have in mind, and saving for some applicants who, again, may want to impress upon you that they would like to proceed ahead, we are ready to make a recommendation that those items be continued or withdrawn as appropriate. Chair Gort: Okay, PZ.17, time certain. Mr. Hannon: Chair, I need a motion on the items that we're going to continue and withdraw. Chair Gort: We need a motion to continue. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. City ofMiami Page 94 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Mr. Garcia: Commissioners, before you vote, I'm sorry to interrupt. I would like to do two things if you're ready to take a motion or to hear the public hearing. I would like to assign a date certain to each of those items if you're ready to move forward on that motion. Chair Gort: Go ahead and give the -- Mr. Garcia: Thank you, sir. Ben Fernandez: Mr. Chair, does that include PZ.1 ? I'm here on PZ.1. I'd like to respectfully request that PZ.l be heard today if possible. Mr. Garcia: With regards to that, sir, our recommendation continues to be that the item be continued. I would like to offer for your consideration that although I understand some of the reservations that were had by some of the adjacent property owners have been resolved particularly with them, we are not fully privy to what the details are, and we are not at this point in time prepared to make recommendations based on those resolutions. For that reason, I think we would all be well served by taking the item into consideration for an additional period of time, whether that's two weeks or a month, and at that point in time, we will be able to come back to you with full knowledge of the arrangements and a final recommendation. Chair Gort: Okay. Yes, sir. Mr. Fernandez: Well, with all due respect, I would just like to report -- my name is Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the Cushman School -- that this item has been continued several times over the course of this [sic] year. We have made significant progress with both Palm Grove and with the MiMo (Miami Modern). Chair Gort: So you would like to see -- staff recommended not to continue. Let me ask the Commission. What is the wish of the Commission? Commissioner Suarez: What's the district Commissioner --? Chair Gort: Staff has recommended to continue it. The applicant wants to be heard today. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I mean, in all fairness, there was a district Commissioner today that asked for a continuance and it wasn't granted. So, I mean, in all fairness, I think if our experts are saying that they need more time, I think we should give them more time. That's my personal opinion. Chair Gort: Correct. Anyone else? Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I just want to be clear why the continuance is needed, because I'm City of Miami Page 95 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 having -- and ifI may, you tell me why you need a continuance. You tell me why you, Mr. Fernandez, do not want a continuance granted, and then from there, we can make our decision, please. Mr. Garcia: Happy to do so, sir. Once again, the item has been continued, and Mr. Fernandez is correct in saying a number of times. The reason for these continuances is the fact that we were aware there were concerns in the area. I've described previously to the Commission that one of those -- Vice Chair Hardemon: Excuse me one moment. When you say "we, " just let me know exactly who you're talking so I -- so we're very clear. Mr. Garcia: Absolutely, sir. We in the Planning & Zoning Department have been aware throughout that there were concerns in the area about this particular proposal. In particular, the one I've mentioned in previous meetings is the fact that there was a master plan containing the full development scenario for the Cushman School, which is the subject of this application, and although that has now been prepared and although they, again, I hear it said, have met with the community and have achieved consensus behind the plan, our reservation, the Planning & Zoning Department's reservation, sir, is that we are not privy to exactly what arrangements have been made, what proposals have been made to the community to assuage any of their concerns, and we would prefer to vet those proposals to ensure that they are fully compliant and then we represent to you that they satisfactorily address any concerns that they or the City may have. For that reason, I would like to recommend that we continue the item, sir. Vice Chair Hardemon: Counsel. Chair Gort: Yes, sir. Mr. Fernandez: Commissioner Hardemon, ifI may. This item has been pending since September of last year. During that course of time, we have met now with Palm Grove, we've met with staff we've met with your Public Works Department, we've obtained waivers. We have a favorable recommendation from your Department. We have a favor -- from your Planning Department. We have a favorable recommendation from your Planning, Zoning and Appeals Board. We have a favorable recommendation from your Plat and Street Committee, and we are here together with representatives from the Palm Grove Neighborhood Association. They've taken the time out to be here with us at our request today. We have a letter that fully explains some of the commitments that the school is prepared to make towards that neighborhood that are -- many of which are really unrelated to a zoning issue. They're concerns that have to do with the school as a whole, so I don't believe that the Planning Department would really care about those concerns. For instance, some of them have to do with planting additional trees and foliage in the Biscayne Boulevard median. Another one has to do with providing a historic "welcome" sign for the Palm Grove Neighborhood Association. And the others are things that they simply understood now as a result of us meeting with them, so they're here in support. So we have an application that has favorable recommendationsfrom all departments, and we have no objectors that we're aware of except for potentially Mr. Cruz. Maybe there are two -- a few left that we haven't been able to deal with, but no organizations that represent the area that have any opposition to this. The school is, of course, expecting a result, and they would like to avail themselves of their procedural due process rights. With all respect to you, Commissioner, we would follow your lead, of course, because we know that you are new to this application, and you wanted some time to study it. I'm sure we're ready to explain it all to you here today, and we have all of the interested parties here to do so. We have our traffic engineer; we have representatives from the school; and again, we have representatives from the neighborhood. We don't believe this is a complicated item. We think it's a very straightforward item. It has to do with school safety; safety of children. The street in question is not going to be affected physically in any way. It's going to remain in its current orientation, and that's something that everybody City of Miami Page 96 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 understands now, and that's part of the reason that we now have support from the neighborhood. So with that said, I don't need to be overdrawn. Vice Chair Hardemon: One more question. Chair Gort: Yes, sir. Vice Chair Hardemon: And if this continuance is not granted, sir, what is the effect of it to you? Mr. Garcia: This is a resolution, Commissioner, and so you hear this item once, and the decision that is made today, if a decision were to be made, is essentially final unless appealed. The reason -- the way it affects us -- and although I know Mr. Fernandez did not mean exactly that we don't care how many of these things pan out, because he knows well that we do care, we all care -- I think it would be more accurate to say that we don't understand fully the details of what's going to be presented to you. So if you should wish to go forward, then the only advice I can provide is please pay careful attention to all the details that are proffered to you because these details have not been vetted by your staff and we are not in a position to be able to recommend favorably or otherwise. So with that caveat, I'm certainly happy to abide by your wishes. Vice Chair Hardemon: So my question -- one more question. So then the approval that we have from your body already, you're saying that that approval cannot stand on because you don't -- you're not clear of the recommendations or the assumptions or what's being provided to me by counsel? Mr. Garcia: A fair question, sir. So the original recommendation was based on information that we vetted. What you will hear today is additional information that we have not been able to review because it has not been submitted to us. To the extent that there is additional information submitted to you today for consideration -- andl think there will be some, if not much -- just please know that we haven't had a chance to review it. Mr. Fernandez: And ifI could just add -- Chair Gort: Excuse me. Mr. Fernandez: Sorry, Mr. Chair. Chair Gort: Everybody made their presentation. Now it's among our board. Commission, what would we like to do, district Commissioner? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Question: I know it was mentioned that it's been deferred quite a few times, but it hasn't been deferred because the City requested deferral; you also requested deferral for additional time, right? Mr. Fernandez: No. Mostly, the City has requested deferrals. Commissioner Carollo: On your behalf so you could speak to the neighbors and stuff. Mr. Fernandez: Well, really, mostly, it was a change in the Commission district that required it. I think one of those was our request, but I will tell you also, Commissioner Carollo, that this closure is subject to a final plat approval. It has to come back to the Commission for a final plat City of Miami Page 97 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 approval. You will revisit this again. So this resolution, if you were to approve it today, would only give us the right to proceed with the final plat. We would have to do that within a four-year period of time; otherwise, the resolution expires. So there's ample time, should you find that a condition is appropriate, for instance, to address that condition between today and the date of the final plat approval. Vice Chair Hardemon: So you're comfortable moving forward? Mr. Fernandez: I am. Vice Chair Hardemon: Commissioners, I move that -- well, the motion is currently on the floor to include PZ.1, the street closure for the Cushman School to be a part of the continuances, andl ask that you remove PZ.1 from that motion. So whoever the mover is -- Commissioner Suarez: I think made the motion so -- Mr. Hannon: The mover was actually Commissioner Sarnoff, and it was seconded by Commissioner Suarez. Commissioner Sarnoff. Mover accepts. Commissioner Suarez: I accept the modification. Chair Gort: Okay. Mr. Hannon: Chair. Chair Gort: Yes. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Suarez: As to remain. Mr. Hannon: Andl think Mr. Planning Director wanted to also state some additional information regarding his items. Mr. Garcia: Yes, please. And so we were -- Chair Gort: We're not going to listen to this item now. We got to listen to (UNINTELLIGIBLE), and we have another one that -- time certain. We'll listen to this one afterwards. Mr. Garcia: Correct, sir. Presently, the item being discussed was the continuance of the remainder of the items; noted that this one is removed. Chair Gort: Right. Go right ahead, yes. Mr. Garcia: So I will continue reading down the list. I'll do so as quickly as I can. Commissioner Carollo: Well, Mr. Chairman, hold on. What did we just vote on? I thought we voted on the -- Commissioner Suarez: We haven't voted. Commissioner Carollo: -- on -- City of Miami Page 98 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 PZ.1 Commissioner Suarez: Have we voted? Mr. Hannon: Yes, you did. Commissioner Carollo: Yeah. Mr. Hannon: But I think -- Commissioner Carollo: We just voted on -- Mr. Hannon: -- the Planning Director just wants to -- Commissioner Suarez: Clarify. Mr. Hannon: Exactly, as to the dates; I believe the continuation for all the items that you had mentioned earlier. Commissioner Carollo: Right. So we voted and approved the continuance of all the other items, except PZ.1, correct? 'Cause that was my understanding on the vote, and that's why I voted ` yes. " Chair Gort: Correct. Mr. Hannon: Let me -- Mr. Planning Director, ifI may, according to my notes, PZ.2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15 are to be continued. Commissioner Carollo: Right. Mr. Hannon: And 16 is to be withdrawn. Commissioner Carollo: And that's what we just voted on. Mr. Hannon: Yes, sir. Commissioner Carollo: Correct. Chair Gort: But he's going to give us the time to bring them back. Mr. Garcia: Yes, sir, andl would like to add specificity to that motion, ifI may, and perhaps, this may result in yet another motion, and it is the following: The items -- the specific items listed by the City Clerk are correct. What I would like to recommend is that items PZ.2, 3, 4, 5, 6, 7 -- sorry; not 7. I withdraw 7. I made that mistake a number of times; not 7. -- 9, 10, 11, 12, 13, 14; up to 14; not 15 and not 16; that those items, up to 14, be continued to the meeting of February 27, which is the next P&Z meeting. I would like additionally to recommend that item PZ.15 be continued to the first meeting in the month of February, which is February 13. Andl would like to again state for the record, just to make it abundantly clear, that item PZ.16 is being withdrawn. Chair Gort: Okay. Would the maker of the motion --? Mr. Hannon: Chair, the record's clear; we're good to go. The record is clear, yes, sir. Chair Gort: You said you had it clear? Okeydoke. RESOLUTION City of Miami Page 99 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 13-01046sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST60TH STREET FROM NORTHEAST 5TH COURT TO BISCAYNE BOULEVARD, AND NORTHEAST 5TH COURT FROM APPROXIMATELY 90 FEET NORTHWEST OF BISCAYNE BOULEVARD TO NORTHEAST 60TH STREET, MIAMI, FLORIDA. 13-01046sc CC 02-27-14 Fact Sheet.pdf 13-01046sc Dept. Analyses, Maps & PZAB Reso.pdf 13-01046sc Covenant Submitted to Hearing Boards.pdf 13-01046scApplication & Supporting Documents.pdf 13-01046sc CC Legislation (Version 2).pdf 13-01046sc ExhibitA.pdf LOCATION: Approximately NE 60th Street from NE 5th Court to Biscayne Boulevard, and NE 5th Court from Approximately 90 Feet NW of Biscayne Boulevard to NE 60th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of The Cushman School, Inc., A Not -For -Profit Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on June 6, 2013 by a vote of 4-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 7-0. PURPOSE: This will close and vacate a portion of NE 60th Street and NE 5th Court, adjacent to the Cushman School, to improve safety and security for school operations and to better facilitate and control student drop-off. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.1 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. Chair Gort: Okay, is any -- you ready for PZ (Planning & Zoning)? Todd B. Hannon (City Clerk): Certainly, sir, we can go back to the PZ items. Chair Gort: PZ.1. Francisco Garcia (Director, Planning & Zoning): Commissioners, briefly, by way of introduction, item PZ.1 is a resolution before you today proposing the -- a street closure related to the Cushman School. The street closure affects Northeast 60th Street from Northeast 5th Court to Biscayne Boulevard and Northeast 5th Court from approximately 90 feet northwest of Biscayne Boulevard to Northeast 60th Street. The Planning & Zoning Department has recommended approval; the Public Works Department also recommended approval; and the Plat City of Miami Page 100 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 & Street Committee recommended approval unanimously, as well as the Planning, Zoning and Appeals Board. This, as proposed, will function as a collector road servicing mostly the Cushman School, and we would gladly stand by to hear the applicant's presentation regarding additional details, and we'll make ourselves available to answer any questions you may have. Thank you. Chair Gort: Go right ahead, sir. Ben Fernandez: Good afternoon again, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here today on behalf of the Cushman School, and I want to thank you for entertaining our application this afternoon. I'm joined by the head of school, Ms. Arvi Balseiro; Ken Zeback; the Mayor ofMiami Shores, Herta Holly is with us this afternoon; Cheryl Rednick; and our traffic consultant, Richard Garcia. This application is an application to close a portion of Northeast 5th Court and Northeast 60th Street that you see in some of these photographs. And the reason for the closure is very straightforward, really. The street is now owned -- the properties on both sides of the street are now primarily owned by the school. Over time, the school has acquired all of these properties up to this cul-de-sac area right off of US 1. In the past, when the property -- when the streets were originally platted in the '20s, you can see by this plat that some of the streets from Morningside Vice Chair Hardemon: Excuse me, Mr. Chairman. May I interrupt for a moment, Mr. Chairman? I want to be clear. I want to make a Jennings disclosure. When I was running for office, I met with someone from the Cushman School who described what their plan was about closing this street to me, so I want that to be clear. And then also, I had had conversations, I believe, with Mr. Cruz in reference to them being against it sometime after I was elected. So I just want that to be clear on the record today. Mr. Fernandez: Thank you, Commissioner. I'd like to introduce for the record several petitions from school parents in favor of this application. And as I was saying, back in the '20s when the roadway network was created, the streets that emanate from the Morningside neighborhood were open to Biscayne Boulevard. Since that time, many of these streets have been -- practically all of them have been closed; most particularly, Kennesaw Drive is now closed, so that this boomerang -shaped street, which is the street that we're requesting that you vacate, only provides service to the properties that are already owned by the school. So because this street is only providing service to properties that are already owned by the school, it serves no public purpose, really, to connect people going from one part of the neighborhood to another; what it does is it takes you right back to US 1, and it takes you right back via a route that is comprised of properties that are all owned by the Cushman School. So there is no public purpose for maintaining this school [sic] open. That is the legal background, the foundation under which we are requesting this application, and that is the reason why we have favorable recommendations from all of your lower boards and your Plat & Street Committee, because technically, we meet the requirements to be here to request this street closure. Now, I will tell you that the purpose -- the reason the school wants this to happen is not just because they happen to own the land, but because there is a real public safety issue, of course, involved with this. We want to ensure that the school has the ability to essentially stop someone, if necessary, from entering the campus. We want to be able to control access to the school, and we want to be able to ensure that children that are crossing from one side of the campus to another can be maintained in the school. Once they're in the public right-of-way, anyone can essentially run out to US 1, and you can see from some of these images, particularly this one, this is a clear shot to US 1 from where I'm standing. You can see in this image that the children are playing. This is their play area, this is their play area. They're right up against the street essentially. Anyone that's familiar with this school and has driven this street knows that the children are playing right up against the street. So security -- I also want to enter into the record, in addition to the petition in support of this application, an incident report concerning a homicide that took place on 5th Avenue on the school premises two years ago. Given current events, of course, we're all aware of in the media, given the -- this City ofMiami Page 101 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 incident, which is so close to home -- fortunately, there was no problem; there was no danger or -- nothing happened with -- to any of the students at the school, but, of course, this highlights the fact that it's important for all of our schools to be able to control access to the property at any given moment. And what we're proposing here is the vacation of the right-of-way because there is no other way to ensure the ability to control access. Other neighborhoods that have guard gates, like Morningside and Belle Meade, are -- they have the guard gates. It's a nice feature, but they're really mostly decorative. They don't have the legal right to keep someone out of their neighborhoods. The only way that -- under the current Code for you to be able to do that or allow the school to do that is to vacate the right-of-way. What we're doing here in order to ensure that the street remains open and accessible is that we're creating an ingress and egress easement over the right-of-way area so that the entire portion, segment of the street that's being closed is really physically going to remain open because it will now be -- its legal status will change from being a right-of-way to being an easement. It'll be accessible to emergency vehicles, and it'll be also accessible to neighborhood groups for historic tours by appointment. And what I'd like to do is read to you the e-mail (electronic) that was recently sent from Nancy Liebman to Commissioner Hardemon's office and also to your office, Commissioner Sarnoff. And what she is saying is the following: "Mayor and Commissioners, the Cushman School street closing is on the City ofMiami agenda today. After meeting today with Bob Powers, speaking for Palm Grove, Cushman has proffered and Bob has agreed to the following and will not oppose the closure of the street: Number one, the street right-of-way will remain accessible to emergency vehicles; number two, the public will utilize the parking areas when the school is not in session; number three, Cushman will provide signage designed by Palm Grove" -- and by that, they mean historic "welcome" signage for the neighborhood. The school is prepared to do that for the neighborhood. "Cushman will allow ingress and egress for tours, " meaning historic tours. She goes on to say: "The MiMo (Miami Modern) Association will not oppose the street closure if the following is agreed: Number one, Cushman will proffer a covenant that will restrict a unity of title between the existing school and their newly acquired former liquor store abutting the school property. Within 30 days of today, the covenant will be proffered as a condition of the agreement that will run with the land between the City and the school. The MiMo Association will review the covenant prior to its final approval." I've proffered a covenant that essentially accomplishes that, and I'll explain that in just a moment. Number two, she says, "Cushman will mitigate for the inconvenience to the public by planting a number to be determined of large trees in the MiMo boulevard right-of-way between 60th and 77th Streets." So the Cushman School is also prepared to provide this additional landscaping. The only legal condition that they've brought up is the one concerning the unity of title, and what they're speaking of is this corner of the property. There is an old -- there was an old liquor store at this corner, which has now been converted to what's called the "steam lab property, " which is another classroom area for the school. The neighbors' concern is that by virtue of a series of applications that some of these lots could be unified and thereby accommodate a larger development, larger buildings, which they are not in favor of. So what we're prepared to do via this covenant is to assure that this -- these lots where the steam lab property, the corner is located will never be unified with any abutting lots so that that can't happen. We're entirely comfortable doing that, because this property has recently undergone a multimillion dollar renovation. There's no plan to do anything different on that site. So that's the only real legal hurdle that staff has not reviewed or considered at this point, and we've proffered the covenant. We'd also mention to you that we have time between now and the final plat approval to work out any details or required modifications to this covenant, but I think it's a very straightforward covenant. All of the other conditions we are agreeable to, andl would like to turn over the microphone, I guess, to Mr. Powers to confirm that. Chair Gort: Please turn it over to me. Are you finished with your presentation? Mr. Fernandez: Yes, sir, Mr. Chair, I am. Thank you. Chair Gort: I have Arvi Balseiro wants to speak on this one. Mr. Balseiro. City ofMiami Page 102 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Arvi Balseiro: Good afternoon. Arvi Balseiro, 7901 Hispaniola Avenue, North Bay Village, and I'm the head of the Cushman School. I'm here today clearly in agreement and need to be able to vacate that street. I was -- I've recently become the head of school. I've been the head of school for a year and a half, however, I've been a member of the Cushman community in various roles and responsibilities for 26 years. And during the 26 years, I've watched the school evolve, develop into continuously being a school of excellence, but one that contributes to the community; that understands the importance of community. And over the course of the past couple of years, the different projects thatMr. Fernandez was talking about involves community use. In January of 2012, we had an incident just behind the school where coaches were crossing our soccer students into the school, and a man on a bicycle came by and murdered someone right outside our school in front of these children. He continued to go by with his gun up in the air. It was an extremely frightening incident, and we went into lockdown immediately, and thank goodness, everyone was safe. After that, we had the -- not "we," but our nation -- we experienced the Sandy Hook incident, and since then, many others. So it is my responsibility to keep our children safe, and so anything that we can do to make that happen while still keeping our historic community available to the outside community is my goal. So I'm hoping that you will seriously consider this, and I'm happy to answer any questions. Chair Gort: Thankyou, ma'am. Ms. Balseiro: Thankyou. Chair Gort: Bob Powers. Bob Powers: Good evening, Commission. My name is Bob Powers. I live at 565 Northeast 66th Street. I am the president of the Palm Grove Neighborhood Association. This undertaking actually started about a year and a half ago. I'm glad thatMr. Fernandez put on the record those things which we're asking the school to do. The important thing for you to know is that the historic nature and the easement is essentially the street that's there. Okay, they can't build on it; they can't change anything. So the historic nature of the street will remain the same. I'm not a street closure person, as Commissioner Sarnoff can tell you. I really don't like them, but this is the only way we can serve this master with the legislation at hand that we have. You'd have to change legislation in order to do what they're asking to do. So this for us from the -- 'cause I represent my neighborhood association -- does the best to serve both masters. So that's all can say on this. Andl think they hit on the head, 'cause I asked him. He had to put on the record what he was going to do, because we haven't ironed out everything. And it will come back before you again, as you know, and I would request that I be part of that program, so if you have any questions, you can always feel free to ask me. I don't think there's too many other people in that neighborhood who know more about this neighborhood than I do, seeing as I was the one who started the historic designation of Palm Grove with Commissioner Sarnoff's help. And there are 375 contributing properties in that neighborhood. It's the largest historic district in your city, and you should come up and visit it sometime. So if you have any questions -- and thank you, Commissioner Carollo, for having like -- saying like, you know, maybe we should wait and take a look at this. I'm not going to put that on them. I think they're people of their word. What we're really worried about is 10 or 15 years down the road, when you guys are no longer Commissioners and somebody else has a different idea of what this property ought to be, and that's the reason why things have been set in motion the way that they've been set in motion. They cannot conjoin certain properties to make something larger. If they violate that, the easement comes back to the City ofMiami; it reverts back, all those things. So I think we covered everything. Thank you very much. Chair Gort: Thankyou. Herta Holly. Herta Holly: Good afternoon, gentlemen. My name is Herta Holly. I'm Mayor of the Village of City ofMiami Page 103 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Miami Shores, and I've worked for Cushman School for over 25 years. Cushman is now in its 90th year, and as we can all imagine, Biscayne Boulevard and US 1 when Cushman started in its location was certainly not what it is today. And as the City ofMiami has grown, the school has grown, and our world has changed. Security, unfortunately for all of us, for your children and ours is of utmost concern. And knowing who's on and who comes in and out and who's aware of the campus is part of that security. We all know the lockdown things that we have to go through just to get into offices. And here, we're dealing with a big group of children. Cushman, you might not know, has had a habit and in the past has offered over 17 percent of its students financial aid. They've included youngsters who have been at the Overtown Youth Center. We have been active with Breakthrough Miami, and as a result, follow those children as they go on both to high school and to college. And we are very, very interested in the safety of everyone who goes on our campus, and that is why we're coming before you today, and would wish and hope that you support this resolution. Thank you. Chair Gort: Thank you, ma'am Anyone else in the public would like to address this issue? Showing none, seeing none, close the public hearings. Commissioners. Vice Chair Hardemon: I have some questions, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Just before we started this discussion, we, the Commission, received a covenant, and this was not a part of any of the documentation that had before, and I'm sure the other Commissioners did not have this documentation. And then coupled with this covenant, we received an e-mail that was e-mailed to us -- this appears to be -- today is January 23, correct? Commissioner Suarez: Yes. Vice Chair Hardemon: Today at 4: 52 p.m., so this will be our first time having a look at this. And it appears that some of the things that are in this would need to be placed in the covenant. And it also appears that some of the things even in the presentation in which you said, Mr. Fernandez, somewhat different from some of the things that Mr. Powers said, although you all support the same item in a sense. So I have questions as it pertains to what's happening on this closure of this street. However, my greatest concern is making sure that the representations that are made to this Commission are firm. And the only way that I can make sure that they are firm is by making sure that the documentation or whatever the agreement is between yourself, your party, your client and the stakeholders and also within this Commission are included in the declaration of restrictive covenants. So that is my concern with moving forward as of today. I have questions thatl can go forward with, but in the -- considering the fact that part of my responsibility being here also in a meeting and observing Mason's Rules of Order is not to belabor this Commission ifI am going to do something like I'm about to do right now. I would like for Mr. Fernandez -- and you have to understand, I gave you an opportunity to present today. Mr. Fernandez: Andl appreciate that. Some of these concerns were just relayed to us. We took the ones that were most appropriate for a covenant that runs with the land and inserted that into the proposed covenant. Some of the other conditions we thought we could work out through a private agreement. It doesn't necessarily need to be in a covenant that runs with the land. And Mr. Powers and Ms. Liebman, I think, were receptive to that concept, especially given the fact that we have another hearing coming up and some of these details can be resolved prior to that second hearing. Vice Chair Hardemon: Andl completely understand that. And Mr. Fernandez, I would say that, as an attorney, if you received documentation like this that, you know, you wanted a board to consider or you had to, in fact, consider before a judge -- City ofMiami Page 104 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Mr. Fernandez: Right. Vice Chair Hardemon: -- you would be cautious in moving forward, especially when the effect is so great. The effect is a street closure. The effect is or may be -- well, I'll leave it at that. So with that being said, I actually -- I move to continue and that would be to the next Planning & Zoning meeting. I move to continue this item. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Any specific request on the continuance, or we like to see when they come back. Vice Chair Hardemon: Right. And as far as that, I would like to see everything that you have described to us today described in this covenant. Mr. Fernandez: In the covenant. Vice Chair Hardemon: And you don't necessarily have to come back -- well, bring everything that you need to make sure that you have a full presentation to represent your client to his best interest. But I will definitely have questions as it pertains to mitigation of safety; how you do it then -- how you do it before; how you do it in the future. Public purpose, please, that is one of the cruxes of closing a street; it must serve a public purpose versus a private one. So just consider those two things for me, and make sure you have a complete package for us to consider. Do not give us anything new so that we can make the right decision in this case. Mr. Fernandez: We won't give you anything new, and we'll incorporate everything into one document. Vice Chair Hardemon: Thank you. Mr. Fernandez: Thank you, Commissioner. Chair Gort: Okay, thank you. Victoria Mendez (City Attorney): And just to be clear for the record, technically, was the public hearing closed, and then this will be for a discussion for you and the Commissioners to be able to make sure that everything was placed in the covenant as was proffered Vice Chair Hardemon: Well, the way that I -- may I, Mr. Chairman? Chair Gort: Sure. Vice Chair Hardemon: We did have a public hearing. Does that mean that this -- the declaration of the restrictive covenants may be different? Probably, it will be different, so that may give the public some opportunity to respond to this change (UNINTELLIGIBLE). Ms. Mendez: Okay, I just wanted to clam. Thank you. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Fernandez: Thank you. City of Miami Page 105 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 PZ.2 ORDINANCE Second Reading 11-00144zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO INCREASE THE NUMBER OF ESTABLISHMENTS PERMITTED IN THE WYNWOOD CAFE DISTRICT, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM 25 TO 40; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00144zt CC 02-27-14 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 Marc David Sarnoff - District 2 and Keon Hardemon - Commissioner District 5] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will increase the number of alcoholic beverage establishments permitted within the Wynwood Cafe District from 25 to 40. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.2 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.3 ORDINANCE First Reading 13-00865Iu 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 of Miami Page 106 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 13-008651u CC 02-27-14 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 Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 5-2. 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 Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.3 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.4 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 02-27-14 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 Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. City of Miami Page 107 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on October 16, 2013 by a vote of 6-1. See companion File ID 13-008651u. *See supporting documentation. PURPOSE: This will change the above property from "T4-R" to "T4-L". Item includes a covenant. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.4 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.5 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 02-27-14 FR Fact Sheet.pdf 13-00866IuAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00866lu 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: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended 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'. City of Miami Page 108 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.5 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.6 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 02-27-14 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: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended 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 Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.6 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.7 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 City of Miami Page 109 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 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. 13-008671u CC 02-27-14 SR Fact Sheet.pdf 13-008671u Analysis. pdf 13-008671u Color Maps & School Board Concurrency.pdf 13-008671u PZAB Reso.pdf 13-00867lu 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 Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 6, 2013 by a vote of 11-0. 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 Suarez, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: PZ.7. Francisco Garcia (Director, Planning & Zoning): Items PZ.7 and PZ.8 -- my apologies -- are companion items. They are respectively for the land use change and for the rezoning of parcels located at 2700 Northwest 2nd Avenue and 235 Northwest 27th Street. The proposed change will render the subject parcel zoned T6-8-O, which is mixed use, high density zoning, and it is my understanding that the applicants have also proffered a covenant. This item has been recommended in favor of by the Planning & Zoning Department, subject to the covenant proffer, and it was also recommended for approval by the Planning, Zoning andAppeals Board by a unanimous vote November 6. We would defer to the applicants, and we're happy to address any questions you may have. Chair Gort: Thank you. Yes, sir. Steve Wernick: Good afternoon, Mr. Chair and Commissioners. Steve Wernick, here on behalf of the applicant, which is an affiliate Goldman Properties, which has long been a passionate investor and a major property owner in Wynwood. With me today are Joe Furst and Mario Courtney from Goldman Properties; also Arturo Vasquez and Boris Ortiz from Add, Inc., the architect. As Mr. Garcia mentioned, the Planning Department has recommended approval. The Planning, Zoning andAppeals Board unanimously recommended approval at its November 6 City of Miami Page 110 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 hearing, and we have strong support from the Wynwood community, including the Business Improvement District and the Wynwood Arts District, and I actually have letters of support from both of those organizations. We do have a full presentation, if the Commission wishes us to make it. It probably would take us about 15 minutes, or if you'd prefer, we can, you know, be here to answer any questions, but I'll pass out the letter right now. Chair Gort: What's the wish of the Commission? Yes, sir. Commissioner Suarez: Move it. Vice Chair Hardemon: Who moved what? Commissioner Suarez: Oh, I'm sorry, my bad. Vice Chair Hardemon: Second. Chair Gort: It's been moved and second. I have a request for a public hearing; Elias Mitrani. Todd B. Hannon (City Clerk): And Chair, just for the record, the public hearing is being opened for items PZ.7 and 8. Chair Gort: Thankyou. Elias Mitrani: My name is Elias Mitrani, 1711 Cleveland Road My property is at 2612 -- that's the address I put on the application -- Northwest 2ndAvenue. My property is directly affected; it's the most affected from this project. It's right across the street on the south side. And I've been in Wynwood since 1979 when it was a garment district, and it became, you know, an empty warehouse district, and we all know what happened there. Goldman Property [sic] came into the area seven years ago, I guess, and it is what it is today. And approve this project 100 percent. Commissioner Suarez: Thank you. Chair Gort: Thankyou, sir. David Polinsky. David Polinsky: My name is David Polinsky. I wanted to speak in support of the proposal here. The staff at Goldman Properties are thoughtful people. They're a very thoughtful developer. I think every project they've done in Wynwood has been a net positive for the neighborhood. I'm not sure how it is for their investors, but for the community, it's been terrific. The proposal in front of you would activate vacant land and do so on a scale which is consistent with the existing DI zoning, which is a part of their parcel, so they wouldn't be increasing the number of stories above eight units -- I'm sorry -- eight stories. We need a hotel in Wynwood. I hope they can get it approved, get it funded, and get it built. I think it'd be great for the community. Chair Gort: Thankyou, sir. Mario Courtney. Mario Courtney: Hi. Mario Courtney. I'm the senior managing director for Goldman Properties. I've been with the company for 34 years, so I am -- you know, I have been part of the culture, and, you know, through the cities that Tony has established these wonderful neighborhoods, andl will tell you, you have our full commitment and you'll be very, very proud of what we put forth on this -- in this site. And we are very proud of the momentum that Wynwood has, and we thank you for your support of supporting our great community. Thank you very much. Chair Gort: Thankyou, sir. Albert Garcia. City of Miami Page 111 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Albert Garcia: Good afternoon, esteemed Commissioners. Albert Garcia, speaking on behalf of the Wynwood Business Improvement District; I serve as our vice chairman. As you know, the BID (Business Improvement District) is in full support of this initiative. We strongly, obviously, stand by the Goldmans in its attempt to further accelerate and propel the renewal that's going on in Wynwood, and we, on behalf of the property owners in the district, support and look forward to many more, I guess, efforts by the Goldmans to continue the energy that they've obviously been pouring into Wynwood over the last decade, and we look forward to that. So with that, I just want to echo our support. Thank you. Chair Gort: Thankyou. Adam Gersten. Adam Gersten: Commissioners, I would basically like to echo the same sentiments as my colleagues. I'm a business owner and operator. I own a tavern in Wynwood, andl employ 20 plus people, growing. What the Goldman vision has been so far and seems the direction that it is going in is one that I think that the Commission should respectfully take note of and -- as it has and hopefully continues to, and to the extent, whenever possible, encourage creative projects such as these. And bear in mind that the neighborhood is growing, and it's an opportunity to incubate new ideas for the City. There's a lot of creative energy there, and there's a lot of creative architects and planners, the like that spend a lot of time there. The ideas that are coming out of there should be harnessed, andl hope that you take heed when they approach you with ideas and utilize them to help inspire the rest of the City. Thanks. Chair Gort: Thankyou, sir. Brandon Cauff. Brandon Cauff. Good afternoon. My name is Brandon Cauff, 200 Biscayne Boulevard Way. I'm managing director of Tristar Capital. We are stakeholders in Wynwood and are here today to give our full support of this project at Goldman Properties who has been a visionary leader in this community for almost a decade. We understand the necessary up -zoning that is required to make this project feasible and are in full support. We're also in the hospitality business and are confident that this project will benefit all stakeholders. Numerous jobs will be created, the City will gain an increase in tax revenues, and local businesses will see additional traffic. We truly believe that this hotel will be a nucleus from which the rest of us can build off of. We look forward to welcoming this project and to continuing to be involved in the exciting growth of this one -of -a -kind arts district. Thank you. Chair Gort: Thankyou. Anyone else? Anyone else? I show no one coming. I'm going to close the public hearing. Board -- Commissioners, discussion. Vice Chair Hardemon: I just wanted to say that I'm proud of what's happening in Wynwood, and I thank this organization for coming in and lighting the fire; that believe I heard quoted even in Broward County, "We are the new Wynwood." How about that, right? So someone said that, and that made me feel good because it was you that were a part of making it happen, so I'm excited about what you have in store for Wynwood; just don't put a fence around us. Commissioner Suarez: Mr. Chair, I apologize for stepping on the district Commissioner's very delicate toes by making the motion. No, no, I echo his sentiments. I think we're very blessed in the City that some visionaries, you know, in this country and in the world have decided that Miami is the next best place to invest in and to do things in a very unique and funky and interesting way, and we as a Commission have an obligation to embrace that, and so it's an honor for me to be able to do it. Chair Gort: Anyone else? I'd just like to tell you, you're bordered right through in Allapattah right on 7th Avenue. You're welcome to come over and I'll help in everything you can. Any further -- City of Miami Page 112 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: Flagami, Flagami. Chair Gort: -- discussion? Commissioner Suarez: Go for it. Chair Gort: It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.7 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.8 ORDINANCE 13-00867zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "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 NORTHWEST 27TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00867zc CC 02-27-14 SR Fact Sheet.pdf 13-00867zcAnalysis, Maps & PZAB Reso.pdf 13-00867zc Application & Supporting Docs.pdf 13-00867zc CC Legislation (Version 4).pdf 13-00867zc Exhi bit A. pdf LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 6, 2013 by a vote of 11-0. See companion File ID 13-008671u. PURPOSE: This will change the above properties from "T5-O" and "D1" to "T6-8-O". Item includes a covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: PZ.8, an ordinance. City of Miami Page 113 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Victoria Mendez (City Attorney): Since the public hearing was held before -- Commissioner Suarez: You want to make the motion? Vice Chair Hardemon: (UNINTELLIGIBLE)? Commissioner Suarez: Yeah, it's a companion to 7. Vice Chair Hardemon: I move that we approve PZ.8. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Francisco Garcia (Director, Planning & Zoning): IfI may, Commissioners, can I request that the covenant proffered be accepted as part of the motion for this item? Commissioner Suarez: Accept. Vice Chair Hardemon: Accept. ToddB. Hannon (City Clerk): Excuse me, Chair; is that amend" the legislation? Thankyou, sir. Commissioner Sarnoff. It modes. Ms. Mendez: It modifies the legislation? Mr. Hannon: Yes. Ms. Mendez: Okay. I'm sorry, I wasn't on the record so that's why -- Since the public hearings were held in conjunction -- Chair Gort: Yes. Ms. Mendez: -- I'm reading this ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as modified, 5-0. Chair Gort: Thankyou. PZ.9 ORDINANCE 13-00695Iu 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 City of Miami Page 114 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 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 02-27-14 FR Fact Sheet.pdf 13-006951u Analysis.pdf 13-006951u Color Maps.pdf 13-006951u School Board Concurrency.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: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-00695zc. PURPOSE: This will change the above properties from "Single -Family Residential" to "Low Density Restricted Commercial'. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.9 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.10 ORDINANCE First Reading 13-00695zc 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 02-27-14 FR Fact Sheet.pdf 13-00695zc Analysis. pdf 13-00695zc Color Maps.pdf 13-00695zc Application & Supporting Documents. pdf 13-00695zc CC Legislation (Version 4).pdf 13-00695zc Exhi bit A. pdf City of Miami Page 115 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 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: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 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 Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.10 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.11 ORDINANCE First Reading 13-008641u 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 02-27-14 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 Keon Hardemon - District 5] APPLICANT(S): Mario Garcia -Serra, Esquire, on behalf of Courtney Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-00864zc. City of Miami Page 116 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 PURPOSE: This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.11 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.12 ORDINANCE First Reading 13-00864zc 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-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 02-27-14 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 Keon Hardemon - District 5] APPLICANT(S): Mario Garcia -Serra, Esquire, on behalf of Courtney Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 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 Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.12 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.13 ORDINANCE First Reading 12-00941 zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF City of Miami Page 117 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00941zt1 CC 02-27-14 FR Fact Sheet.pdf 12-00941zt1 PZAB Reso.pdf 12-00941zt1 CC Legislation (Version 7).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. *See supporting documentation. PURPOSE: The proposed regulations will establish new and updated sign regulations in the Zoning Ordinance. It will institute new and revised definitions in Article 1, add review criteria in Article 4, remove most regulations from Article 6, update regulations for nonconforming signs in Article 7, and create new regulations in Article 10. It will also provide a more user-friendly document with clear regulations for each zoning designation as well as additional signage regulations for various circumstances within the built environment and business demands. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.13 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.14 ORDINANCE First Reading 13-01088zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ENTITLED "GENERAL TO ZONES", TO CLARIFY EXISTING REGULATIONS AND TO ADD NEW PROVISIONS WITHIN THE PUBLIC BENEFITS PROGRAM TO ALLOW THE DONATION OF PARK IMPROVEMENTS TO SATISFY THE PUBLIC BENEFITS REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 118 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 13-01088zt CC 02-27-14 FR Fact Sheet.pdf 13-01088zt PZAB Reso.pdf 13-01088zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 20, 2013 by a vote of 8-0. PURPOSE: This will allow the donation of park improvements to satisfy the public benefits requirement. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.14 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. PZ.15 ORDINANCE First Reading 13-01348zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 3.15, ENTITLED "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS', TO MODIFY THE APPLICABILITY CRITERIA TO INCLUDE DEVELOPMENTS THAT PROVIDE MIXED -INCOME IN THE RESIDENTIAL DENSITY INCREASE AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01348zt CC 02-27-14 SR Fact Sheet.pdf 13-01348zt PZAB Reso.pdf 13-01348zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 20, 2013 by a vote of 8-0. PURPOSE: This will add mixed -income development (both market rate and affordable housing) to the applicability criteria in Section 3.15 so mixed -income development can take advantage of the Affordable Housing Special Benefit Program, which includes relaxations of regulations such as setbacks, height, parking placement and other architectural and design features. City of Miami Page 119 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 PZ.16 06-02074x1 PZ.17 05-00618ac1 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.15 was deferred to the February 13, 2014, Regular Commission Meeting. PZAB RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING AN EXCEPTION AS LISTED IN ARTICLE 4, SECTION 4-7(B) AND 4-11(G) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOWA PACKAGE LIQUOR STORE CLOSER THAN 500 FEET OF ANOTHER PACKAGE LIQUOR STORE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 250 AND 296 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 250 and 296 SW 7th Street [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Brickell Commerce Plaza, Inc. and 296 SW 7 Street Corporation, Owners and GKK-Brickell, LLC, Contract Purchaser FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the appeal and approval with conditions* of the Exception. PLANNING, ZONING AND APPEALS BOARD: Approved with conditions, but failed, constituting a denial of the Exception by a vote of 3-4. *See supporting documentation. PURPOSE: The approval of this appeal will allow a package liquor store within 500 feet of another liquor store. NOTE(S): Related File ID 06-02074x was withdrawn on September 23, 2013. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 120 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 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 01-23-14 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] APPLICANT(S): David E. Sacks, Esquire, on behalf of Asset Recovery III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on July 9, 2009 by a vote of 4-1. PLANNING, ZONING AND APPEALS BOARD: Recommended 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 Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-1 4-0036 Chair Gort: PZ.17. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Item PZ.17 is before you today as a resolution. This is a request to close an alley between Southwest 21st and 22nd Avenues and between Southwest 5th and 6th Streets. This item is being recommended for approval by the Planning & Zoning Department, by the Plat and Street Committee, and was also recommended for approval by the Planning, Zoning and Appeals Board on July 17, 2013, by a vote of 11 to 0. By way of brief background, this item had previously been acted on by previous City Commissions and approved. It is only the failure of the applicant to secure the replat of this closure that made the closure elapse, and he is now before you for the third time asking that the alley be closed. That said, our recommendation once again is for approval. Chair Gort: Yes, sir. David Sacks: Good afternoon. David Sacks on behalf of the applicant. I have offices at 2 South Biscayne Boulevard right here in Miami. I represent Asset Recovery 3, which is an affiliated company ofBNYMellon United National Bank, which took title to the subject property before you labeled on the board to your left as 2116 Northeast 5th Street, which BNYMellon actually recovered the title in February of 2012. Since that time and with respect to the requested appeal, we have moved forward and received tentative plat approval or, better yet, an extension of the City of Miami Page 121 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 tentative plat approval; that was in October of 2013. We also received Planning & Zoning Appeal Board order; that was in July, unanimous approval -- I believe it was 11-0, with one abstention. In short, every single department, including Fire, Police emergency -- and again, all departments having jurisdiction over this property have opined on this a number of times already. And this application just makes sense. If you could see by the actual picture, the alley is not used by any City service, so to speak, as I mentioned a little bit earlier, and, you know, as a bank, we're not here to build. As a bank, we're here to sell. This property's been on the books of our bank for quite some time, since the foreclosure actually took place in 2012. So we are now in a position to sell the property. The market, as everyone knows, has bounced back, so to speak. And right now, the importance of this request is because we have a ready, willing, and able buyer. However, subject to the number of continuances we've had, we've had to extend that contract, and the contract essentially requires this alley closure, which, again, was previously approved in 2005, 2009, and we're essentially seeking an extension of that very same original approval. With that, I'd like to just reserve some time for any clarifications anyone might have, andl thank you for listening. Chair Gort: Thank you. At this time, I have two requests of the public. Commissioner Suarez: Yeah, go ahead, go ahead. Chair Gort: Commissioner Carollo. Commissioner Carollo: Yeah. Thank you, Mr. Chairman. Question: There's either FPL (Florida Power & Light) poles or phone poles right through that alleyway that's right through the property. What happens to those, and how does that work? Mr. Sacks: The process already has taken into consideration the moving of the utility poles. That's the short answer. Commissioner Carollo: So -- Mr. Sacks: They are to be relocated under the supervision ofFP&L and the City, which is part of the -- if the director can chime in -- that's just part of the overall process. In other words, if you're asking should it be done first, prior to the closure, the answer is that's not what -- a requirement of the Code. Commissioner Carollo: No, I just -- I mean, I've been by that property numerous times. That property's right in front of the other one that -- directly in front -- that used to be an excavated site. Commissioner Suarez: Yeah. Commissioner Carollo: So I know the property very well. But right down the middle of your property, you have, you know, what seems like the utilities. So I don't know if that's a must; if we approve this alleyway, that it has to be relocated or how does that work? So -- Mr. Sacks: The Plat and Street Committee has taken that into consideration, but, you know, the results may very well be that the utilities are eventually undergrounded; there's certainly enough room on the site for that. But I'm now getting far ahead of myself. I just do know that the utilities are usually contemplated in all -- Chair Gort: Let's hear from Public Works. Nzeribe Ihekwaba (Director, Public Works): Good afternoon. Zerry Ihekwaba. The -- Chapter 55 ofMiami City Code requires that the closure and vacation of any right-of-way -- alleys, City ofMiami Page 122 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 streets, or the like -- converts them to an easement, so the alley converts automatically to an easement, or until they take one additional step to get concordance from all utility companies to move their facilities out -- Commissioner Suarez: (UNINTELLIGIBLE) totally make sense, yeah. Mr. Ihekwaba: -- of the alley. So that is an additional step that they still need to take. Commissioner Suarez: Yeah. And Mr. Chairman, may I just chime in on that one? First of all, I want to make a Jennings disclosure. The applicant did come and meet with me. I don't know if he met with any other Commissioners, so -- to discuss this item; specifically, just discussing the substance of the item and the mechanics of how it would work and informing me, as I've been informed in my briefings, so I just wanted to -- to the extent that that's an ex parte communication, that anyone cares, it occurred, and it's a Jennings disclosure. I think what you're just saying right now, Mr. Public Works Director, makes total sense, you know, that any alley vacation that has a right-of-way for utilities converts into an easement, and then you have to get probably the release -- Mr. Ihekwaba: Yes. Commissioner Suarez: -- of those entities so that you have free access to it; otherwise -- Mr. Ihekwaba: Exactly. Commissioner Suarez: -- they still have access to it. Everything -- in other words, the status quo maintains until -- Mr. Ihekwaba: Yes. Commissioner Suarez: -- they release. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And for the record, I know your office reached out to my office, but due to the Jennings rule. I did not do any conversations or discussion on the PZ (Planning & Zoning) matter because of Jennings rule. Mr. Sacks: I appreciate that. Commissioner Carollo: With that said, okay, I move to approve. Commissioner Suarez: Second. Chair Gort: Wait a minute. Okay, there's a motion and a second. I have a couple of requests for speaking. Elias Mistrani. Unidentified Speaker: Not on this issue. Commissioner Suarez: It's a different issue. Chair Gort: So not on this issue? Bob Powers. Commissioner Carollo: Make sure it's on this issue. City of Miami Page 123 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 Commissioner Suarez: What issue are you here on, Bob? Chair Gort: PZ.16. Bob Powers: I'm actually not on -- I'm not here for this issue. Commissioner Carollo: Oh. Mr. Powers: I'm here for another one, andl beg my pardon for -- Commissioner Suarez: No, no. Mr. Powers: -- putting down the wrong number. Chair Gort: Okay, thank you. No one else from the public it shows, it seen. Any further discussion? Being none, PZ.17. Commissioner Carollo: We got to take a vote. Chair Gort: Resolution. The Commission (Collectively): Aye. Mr. Sacks: Couldl -- may I also disclose prior that I did meet with Commissioner Gort. Chair Gort: Yes, we meet -- Mr. Sacks: We met. Chair Gort: Because you were asking to have a time certain, and I'm sorry, we couldn't comply with the 4 o'clock. Mr. Sacks: Just so that it's out there, the disclosure. Commissioner Suarez: And l just want to say for the record that there's absolutely nothing wrong with meeting someone under the Jennings rule; it's just a matter of having a disclosure under the rule to cure the rule. Commissioner Carollo: Exactly. Victoria Mendez (City Attorney): Andl wanted to fully concur with Commissioner Suarez that if there is anything to be discussed about this item, that a Jennings disclosure is the appropriate method to do it. Asking for a -- confirming a time certain, though, is technically not a Jennings disclosure, and that's why the Commissioner -- Commissioner Suarez: Right. Ms. Mendez: -- did not have to -- the Chairman did not have to say anything. Commissioner Suarez: It's procedural. Ms. Mendez: Thank you. Chair Gort: Thank you. All in favor -- already voted. City of Miami Page 124 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 D3.1 13-01107 D3.2 13-01203 Mr. Sacks: Thank you. Chair Gort: Habit. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDI NANCE. 13-01107 E-Mail - Compliance with Financial Integrity Ord.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the February 13, 2014, Regular Commission Meeting. DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING ILLEGAL BILLBOARD. 13-01203 E-Mail - Illegal Billboard.pdf DEFERRED Note for the Record: Item D3.2 was deferred to the February 13, 2014, Regular Commission Meeting. City of Miami Page 125 Printed on 2/24/2014 City Commission Meeting Minutes January 23, 2014 D3.3 14-00020 D3.4 14-00024 ADJOURNMENT DISCUSSION ITEM FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS. 14-00020 E-Mail -Audited Financial Statements.pdf DEFERRED Note for the Record: Item D3.3 was deferred to the February 13, 2014, Regular Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING ESTABLISHING A MENTORING PROGRAM. 14-00024 E-Mail - Mentoring Program.pdf DEFERRED Note for the Record: Item D3.4 was deferred to the February 13, 2014, Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 The meeting adjourned at 6: 08 p.m. City of Miami Page 126 Printed on 2/24/2014