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HomeMy WebLinkAboutCC 2014-03-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 27, 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 Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes March 27, 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 TIME CERTAIN 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 4/21/2014 City Commission Meeting Minutes March 27, 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 27th day ofMarch 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: 01 a.m., recessed at 12: llp.m., reconvened at 3: 02 p.m, recessed at 6:22 p.m., reconvened at 6:32 p.m, and adjourned at 8:11 p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9: 04 a.m., Commissioner Carollo entered the Commission chambers at 9: 09 a.m., and Commissioner Hardemon entered the Commission chambers at 9: 23 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager ToddB. Hannon, City Clerk Chair Gort: Good morning. Welcome to March 27, 2014 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, Frank Carollo, Francis Suarez, Vice Chair Keon Hardemon, and myself W fredo Gort, Chairman. Also on the dais, are City Manager Daniel Alfonso; City Attorney, Victoria Mendez; and City Clerk, Todd Hannon. At this time, I will ask you to please stand for the prayer; the prayer by myself and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PRESENTED 1. Mayor Regalado presented a Proclamation recognizing and proclaiming Thursday, the twenty-seventh ofMarch in the year two thousand and fourteen as the Leap for Ladies Femmepreneur Day; furthermore recognizing the Ladies Empowerment and Action Program (LEAP) as a support program that is designed to empower incarcerated women to make positive life changes through entrepreneurship training, financial literacy, life skills and post -release follow-up and assistance. 2. Commissioner Sarnoff honored Fernando Lopez, Tom Cobitz, Esq., Etta Mills, Esq. and Henry Martinez for being outstanding citizens and highlighted their many contributions to the community, further applauding their commitment to civic responsibility and proudly proclaiming them as Outstanding Citizens of the City of Miami. 3. Commissioner Carollo presented a Proclamation commending ConnectFamilias for educating the community to keep children safe; further acknowledging that ConnectFamilias provides the community with an efficient, consistent and holistic network of coordinated services to increase the safety and well-being of children, youth and families. 4. Mayor Regalado presented a Proclamation to Sergeant -at -Arms Roberto Soler for his tireless commitment towards protecting our City Commission and co-workers; further recognizing Sergeant Soler for his remarkable professionalism and outstanding performance, whose tenure with the City ofMiami represents the hallmark of integrity and excellence. Chair Gort: At this time we'll have some proclamation. Mayor, you're recognized. City ofMiami Page 3 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning, and I'm just going to move this a little and we will -- thank you, Commissioner. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we have the minutes? ToddB. Hannon (City Clerk): Chair, I have for Commission consideration and approval the Planning & Zoning meeting minutes from the February 27, 2014 Miami City Commission meeting. Chair Gort: Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: Been moved by Commissioner Sarnoff. Is there 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: Andl need to apologize (UNINTELLIGIBLE). Mr. Clerk, do we have any Mayor's veto? ToddB. Hannon (City Clerk): Chair, there are no Mayoral vetoes. Chair Gort: Okay. Chair Gort: We will now begin the regular Commission meeting. The City Attorney will state the procedure to follow during the meeting. Victoria Mendez (City Attorney): Thank you, Chairman. 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 wwwmiamigov. com [sic]. 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 City of Miami Page 4 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 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 wwwmiamigov.com [sic]. 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 or could be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notifi, the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of 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 the items, if any, which are being withdrawn, deferred, or substituted. Thankyou. Chair Gort: Thankyou, ma'am. Yes, sir, Mr. Manager. Daniell Alfonso (City Manager): Good morning, Commissioners. We are requesting to defer DI 4 to the May 8 agenda; SR. 2 to be continued to the April 24 agenda; and RE.7 to be continued also to the April 24 agenda. Chair Gort: Repeat them one more time, please. Mr. Alfonso: DI.4 to be deferred to May 8 and to continue SR.2 and RE.7 to April 24; PZ.1 is to be continued to April 24 as well. Chair Gort: Thankyou. Does any other Commissioner would like to pull any item? Any Commissioners? Yes, sir, you're recognized. Commissioner Suarez: I'll make a motion to defer the items as -- Chair Gort: Okay, there's a motion. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second. Is any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Later... Vice Chair Hardemon: I believe there's one discussion item that we have not addressed; DI1, status of hiring police officers. Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: Yes. Commissioner Carollo: While we're waiting on that, can I defer all of my discussion items to the first meeting in May? Vice Chair Hardemon: As long as there's no objection, I don't see a problem. Commissioner Carollo: I make a motion to defer my -- City of Miami Page 5 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Sarnoff. Second. Commissioner Carollo: -- discussion items till -- Vice Chair Hardemon: It passes. Commissioner Carollo: -- the first meeting Vice Chair Hardemon: Motion passes. Commissioner Carollo: Got to vote though. Vice Chair Hardemon: No, no, you don't. ToddB. Hannon (City Clerk): No sir. Those are your items, sir, so it's -- Vice Chair Hardemon: Absolutely. Mr. Hannon: -- your prerogative to, without Commission approval, move them to a future agenda date. Vice Chair Hardemon: But not -- but only -- but even more so, I said if there is no objection. So if it's silent, then there's no objection; it's a motion that just passed Commissioner Carollo: Oh, boy. Vice Chair Hardemon: Motion passes. That makes you feel better? City of Miami Page 6 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RESOLUTION 14-00162 CONSENT AGENDA Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Procurement RECEIVED OCTOBER 28, 2013, PURSUANT TO INVITATION FOR BID NO. 382308, FROM ARMCHEM INTERNATIONAL CORP., AND TROY INDUSTRIES, INC., (LOCAL) THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON AN ITEM -BY -ITEM BASIS, FOR THE PURCHASE OF PAPER PRODUCTS, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00162 Summary Form.pdf 14-00162Award Recommendation Form.pdf 14-00162 Bid Tabulation Sheet.pdf 14-00162 Invitation For Bid.pdf 14-00162 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0116 RESOLUTION 14-00224 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ATTORNEY R. CORY SCHNEPPER, ESQ., SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,000.00, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEYS FEES AND COSTS ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, RESULTING FROM HIS REPRESENTATION OF CURRENT CITY EMPLOYEE MADELIN GARCIA; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 14-00224 Memo - Office of the City Attorney. pdf 14-00224 Memo - Financial Signoff.pdf 14-00224 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0117 RESOLUTION City of Miami Page 7 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 14-00225 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF THERESA COLLINS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $32,500.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATIONAGREEMENTAS WELLASA GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE ACCOUNT NO. 50001.301001.524000.0000.00000. 14-00225 Memo - Office of the City Attorney. pdf 14-00225 Memo - Financial Signoff.pdf 14-00225 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0118 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. Chair Gort: Consent agenda. Do I have a motion for the consent agenda? Commissioner Suarez: So moved. Chair Gort: It's been moved. Commissioner Carollo: Second. Chair Gort: Second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Consent agenda. Do I have a motion for the consent agenda? Commissioner Suarez: So moved. Chair Gort: It's been moved. Commissioner Carollo: Second. Chair Gort: Second. Any discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Chair Gort: Thank you. City of Miami Page 8 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 END OF CONSENT AGENDA City of Miami Page 9 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 9:00 A.M. PH.1 14-00167 Department of Community and Economic Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2014-2015, IN THE PROJECTED AMOUNT OF $1,250,146.00 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE PROGRAM YEAR 2014-2015, AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00167 Summary Form.pdf 14-00167 Notice to the Public.pdf 14-00167 Pre-Legislation.pdf 14-00167 Back -Up from Law Dept.pdf 14-00167 Legislation.pdf 14-00167 Attachment A. pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0120 Chair Gort: Okay, PH.1. George Mensah: Good morning, Commissioners. George Mensah. I'm director of Community Development. PH.1 is a resolution authorizing the allocation of Community Development Block Grants in a community development category to the agencies that are specified, and the agencies are: Association for the Development of the Exceptional, Public Facility [sic] and Improvement, 47,476; CAMACOL for Facade, 16,650; Community Development Facade Construction Reserve, 83,350; and the rest have been put for further allocations. Chair Gort: Thank you. It's a public -- anyone would like to speak on PH.1? Seeing none, showing none, do I have a motion? Commissioner Suarez: So moved. Chair Gort: A motion by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Commissioner Suarez: Just one brief -- City of Miami Page 10 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PH.2 14-00169 Department of Community and Economic Development Chair Gort: Yes, sir. Commissioner Suarez: -- which -- just to reiterate a comment I've made in past Commission meetings. There's allocations here that are going to specific districts and that are kind of general in nature from the general pot, and just to keep that in consideration when there are issues in other districts that are needed. Thank you. Chair Gort: No further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE AMENDED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2013 THROUGH JUNE 30, 2016, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 14-00169 Summary Form.pdf 14-00169 Notice to the Public.pdf 14-00169 Pre-Legislation.pdf 14-00169 Back -Up from Law Dept.pdf 14-00169 Legislation.pdf 14-00169 Exhibit.pdf Motion by Vice Chair Hardemon, 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-14-0121 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the -- amend the City ofMiami Local Housing Assistance Plan, attached and incorporated, for a period July 1, 2013 through July -- June 13, 2016, for continued participation in our SHIP (State Housing Initiative Partnership Program) program. Basically, this is allowing the increase of the subsidy amount from 35 to 50,000 so that it can be used for another SHIP program. Chair Gort: Okay, is there a motion? Vice Chair Hardemon: So moved. Commissioner Suarez: So moved. City ofMiami Page 11 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PH.3 14-00185 Department of Community and Economic Development Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. It's a public hearing. Is anyone would like to discuss PH.2? Anyone? Seeing none, showing none, all in favor, state it by saying -- Any discussions? 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 DE -OBLIGATION OF HOUSING OPPORTUNITIES FOR PERSON WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE AMOUNT OF $348,230.00, FROM THE MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC. AND THE ALLOCATION OF FUNDS IN THE AMOUNT OF $215,400.00 TO COMMUNITY AIDS RESOURCE, INC. AND THE AMOUNT OF $132,830.00 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, LONG TERM TENANT BASED RENTAL ASSISTANCE PROGRAM, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00185 Summary Form.pdf 14-00185 Notice to the Public.pdf 14-00185 Pre-Legislation.pdf 14-00185 Back -Up from Law Dept.pdf 14-00185 Legislation.pdf 14-00185 ExhibitA.pdf Motion by Commissioner Sarnoff, 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-14-0122 Chair Gort: PH.3. George Mensah (Director, Community Development): PH.3 is a resolution authorizing the deobligation of HOPWA (Housing Opportunities for Persons Living with AIDS) funds, in the amount of $348,230, from Miami Beach CDC (Community Development Corporation) and allocating the same amount of 215,400 to Community AIDS (Acquired Immune Deficiency Syndrome) Resource, Incorporated, in an amount of 132,830, to City of Miami for long term rental assistance. Chair Gort: Okay, do I have a motion? Commissioner Sarnoff. So move. Commissioner Carollo: Move. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Carollo. It's a public hearing. Yes, sir, you're recognized. Dennis Russ: Thank you. Commissioner Gort, my name is -- and Commissioners -- City of Miami Page 12 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: Thank you. Mr. Russ: -- Dennis Russ. I'm the acting executive director for the Miami Beach Community Development Corporation. I'm here today with the chairman of the board, Jack Johnson; with a former chairman of the board and former Mayor of the City of Miami Beach, Matti Bower; and with a former colleague and former head of the Miami -Dade County Community Development and Housing Department, Ernie Martin, who has been a part of the organization as well. We have a long history of partnership with the City ofMiami Beach, with the City ofMiami and -- in work that provides housing for people with AIDS. We have provided leadership for 18 years in this area, having developed projects, specific housing projects for that group, and we have been working with the City ofMiami for over 10 years on the HOPWA program. We received an allocation of funds from this Commission. We received as well a monitoring visit. During the course of that visit, it was identified that there were concerns, not with the program performance, but audit concerns on our financial audit, and that those have existed for some time. We are addressing those. We are asking for you to continue the funding of the agency, and we are asking for an opportunity to work with the City ofMiami with this program in order to repair the situation. Just one thing: We have the highest regard for the department and for its work, for its performance, and for the personnel in the department, and we're proud to be partners. For brief remarks, I'd like to introduce the other members of our group there -- with very short presentation. Later... Chair Gort: Yes, sir, you're recognized. Jack Johnson: Thankyou, Mayor. My name is Jack Johnson. I'm the chair of the board of the Miami Beach Community Development Corporation. The matter that is before you today would remove the funding of the HOPWA program from our organization, and the reason that is being proposed to you is because of financial weaknesses in our organization. There have been financial weaknesses in the -- weaknesses in the financial controls in our organization. The board has taken control of that issue. We have addressed that issue. When our fiscal '13 audit is completed, it will acknowledge that we have made progress in that area; if not, clear the findings. And if the findings are not cleared in that audit, I assure you that they will be cleared completely in our fiscal '14 audit. I also assure you that those findings have nothing to do with our administration of the HOPWA program. The HOPWA program -- our expenses in the HOPWA program are primarily personnel expenses. We have never not made a payroll. We have never made a personal -- a personnel decision with regard to the HOPWA program based on our financial difficulties. So I urge you to maintain the existing partnership between the City ofMiami and the Miami Beach Community Development Corporation, which has, over a period of 10 years, been very productive and served the needs of people with AIDS throughout the County. Those people are best served by knowing where they need to go for services, by knowing the people who provide them those services. Chair Gort: Thankyou. Mr. Johnson: Thank you for your attention. Chair Gort: Thankyou. Ernie Martin: My name Ernie Martin. I'm the former director of Community and Economic Development and the founder of the Miami Beach Community Development Corporation in the late '70s and early '80s. It's kind of hard to believe today that there was no opportunity for funding from a financial institution on South Beach in 1985. I managed to get the first Economic Development Administration guarantee in order to get the first hotel on Ocean Drive funded at the Cardozo, so times have changed obviously. And in affordable housing stock in a city that has City ofMiami Page 13 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 now become an economic engine for this po -- tourist -based industry that it has a stock of 18 buildings that are for low- and moderate -income people is a great asset and one that I think should be taken very seriously. I have put together a team of former colleagues. I'm now retired, of course. I have put together a team of people from Washington, DC (District of Colombia): Sandy Rosenblith, from -- senior director of the Local Initiative Support Corporation; now she's privately have a consultancy firm; as well as Steve Graciani (phonetic), who is associated with community development capacity building and my former assistant at Dade County, andl believe that team will be of great help to the work that has already been outlined by Mr. Johnson. And with that, I will allow -- I was on the board of Community Development Corporation when Mayor Bower was not yet Mayor, but she was with me when Neisen Kasdin was president of the organization, and I've had a long-standing relationship with the Mayor. Chair Gort: Thankyou, Mr. Martin. Mayor Bower. Matti Bower: Thankyou. Thankyou. It's very nice. Let me first say that always marvel as to how beautiful this building is and am always at awe of the building. I'm here for clemency. I think this is a good organization that has done a long-time great job that needs to be saved, needs -- has done a lot of affordable housing and, like many other organizations and cities, have gotten into some trouble; nobody has taken money; nobody is troubled. Organizations of nonprofits, to do their job and to better provide services, sometimes it's very difficult. I think that you should work and help this organization to continue to do their job correctly. I think it has changed. They have changed. I think they have tried to show the community that they have always cared for this community. We have started 18 years ago. When we did the Shelbourne, I was nothing; I was there. We have now gained the reputation. We were the first one to have done affordable housing for people with AIDS, and so we have a track and a record that is a great record. We have slipped; we are coming back. Help us get there. Don't cut us off. Don't throw us away. Give us help. Get us back there. Keep on checking on us, and we will show you that we will continue to do the great job that we have done through so many years. Please, give us some time. Thank you. Chair Gort: Thankyou, Mr. [sic] Mayor. Yes, sir. George. Mr. Mensah: Commissioners, on December 30 our attention was drawn to the challenges of that particular organization. So when I read -- there was an article in the Miami Herald, so I got concerned because we provide -- they provide services to our clients in the HOPWA program. In February, I went andl had a meeting with the City ofMiami Beach just to understand the scope of the issues that they the organization was facing. I went with my staff. And then after that, I called Miami Beach CDC (Community Development Corporation) executive staff andl had a meeting with them in my office to kind of look at what their response were to the -- their audit and some of the issues that was raised by the City ofMiami Beach. I -- actually, I advised them on how to approach -- how to get out of certain situations. However, as the director of the department, my responsibility is to ensure that the City's resources are protected and that don't put the City in any unusual liability situation. Apart from the financial issues that the agency have -- and some of them are very significant -- the Sharpton and Brunson, the auditors, listed some of them as use of restricted funds, reconciling of inter -company accounts -- and the company has about 20-something companies -- journal entries that were erroneous; timeliness of financial statements; certain controls, like employees having access to their own receivable accounts; employee loans with no terms, with nothing, with no documentation. Those are substantial, andl understand that the company might be going through them. They probably might correct it. However, the company receives 47 to 57 percent of their revenue from government resources. I understand that HUD (Department of Housing and Urban Development) is currently investigating the company. I also understand Miami Beach CDC currently has stopped funding them. So my concern is on the ability of the company to, first of all, as an ongoing concern, just reviewing all the things that -- the source of the revenue. So to not be prudent (UNINTELLIGIBLE) on my part to continue to provide funding to the company City ofMiami Page 14 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 and ask them to support and provide services to the HOPWA residents -- of course, I don't know whether they'll be in existence tomorrow. And told them that I'm doing this for this year to see how the company moves on. If next year they are able to address all these issues, we have no -- we will have no problem coming back and (UNINTELLIGIBLE), because they -- in the HOPWA side, most of our clients are in Miami Beach CDC, so -- and they provide -- and they have some buildings that houses HOPWA residents, and we are not taking those funds away, because the people are attached to those buildings. But this is an opportunity for us to protect the City, to ensure that, you know, there won't be any liabilities on the part of the City. And next year, if the organization is able to address all these issues, we will be glad to bring it back and provide funding. Chair Gort: Okay, thank you. We close the public hearings [sic]. Vice Chair Hardemon: Mr. Chairman. Chair Gort: You're recognized. Vice Chair Hardemon: I have a quick question for you. About how much money does the Miami Beach Community Development Corporation receive in funds; not from us, but in total? Mr. Mensah: According to their financial statement, I believe that -- let me see. Let me -- the revenue is somewhere around $3.8 million for 2012. Vice Chair Hardemon: Eight point eight? Mr. Mensah: Three point eight million dollars. Vice Chair Hardemon: Andl would like to say that I'm very partial to any research or organizations that assist in dealing with the epidemic of the HIV/AIDS (Human Immune Virus/Acquiredlmmunodeficiency Syndrome) virus. My -- I come from a large family; it's no secret. But the one and only uncle that have that has passed away actually passed away from HIV, and so I was a child in elementary school andl remember watching him. He didn't have the assistance of an organization like this. And when I think back into how his condition was exacerbated, if he had maybe some assistance from an organization in this fashion, he may be with us today. You never know. But I -- so it really saddens me when I see these type of findings occur in an organization that's really entrusted with our funds that we're receiving -from the federal government to provide resources to the community that means so much, I think, to a vast majority of people in the City ofMiami, especially where there's ZIP (Zone Improvement Project) codes within the City ofMiami that have some of the highest incidences of HIV/AIDS virus cases. I understand that the organization feels that they need an opportunity, that they need help, and that we shouldn't defund However, from what I understand, Miami Beach has already stopped funding the organization. Mr. Mensah: That's correct. Vice Chair Hardemon: And so this is an organization that exists on the Beach. We have representation from the Beach here, and then they're asking the City ofMiami not to move forward in the way that is financially prudent for us to make sure that we continue to receive our CDBG (Community Development Block Grant) funding to provide for organizations that provide this type of service. So the one thing that I urge my Commissioners to do is to ensure that we are financially prudent and we make decisions that will have a benefit to us in the future as well as today. From what I understand, and from -- this organization has been favored from the City of Miami as far as their funding in the past, andl don't envision it being not favored if it continues doing what it's supposed to do to get this organization back to its financial footing, but to turn a blind eye to gross financial mismanagement, I think, would be a mistake. City ofMiami Page 15 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. You know, it's ironic; a few years back, way before I became a Commissioner, I actually heard about this organization, and everything that I heard was actually very good. They were a pioneer with the AIDS in giving help and so forth, and it was just all good news. So I guess now that -- and by the way, I haven't read your audited financial statements, but some of the -- some of -- while I'm listening to our director, some of those findings, I mean, they cannot be overlooked. So I'm actually disappointed that, you know, we're dealing with this and we've seeing that you all have had some issues. However, I'm hearing a fiduciary duty to the City ofMiami, and at least right now I can't overlook some of the findings, some of the issues that I'm hearing. I mean, if there's a going concern, if some of the issues are not corrected, I don't think that we should be able -- we should fund the organization at this time. However, I -- you know, especially -- and this comes right in our backup. This is from our Administration saying, Due to the monetary findings regarding financial management, the City has no confidence in this organization's ability to manage the HOPWA contract efficiently and effectively. "I mean, that statement says it all and, to a certain degree, we have to rely on our professional help, our professional staff. So right now at this time, I have to go with our professional staff and not fund the program. However, I want to see if you can work with them. Mr. Mensah: Yes. Commissioner Carollo: When do you expect '13's audited financial statements to be issued? Mr. Russ: We expect it to be issued within the next 60 to 90 days. It is now being audited. It is a very large organization with some 22 corporate entities that are a part of it. We have discontinued our development program. We are concentrating on property management, tenant -- resident services, and program services. We understand the concerns. The board has been very, very aggressive in overseeing. There's a change in the administrative leadership. So we think that we have repaired most of the issues, and there are some issues that are requiring financial resources that we need to attend to. But the answer to your question is 60 to 90 days, and we are not continuing the development, the aggressive -- the development program that got us into this difficulty. We're just asking for your help. Chair Gort: Thankyou. Commissioner Carollo: Understood. Andl ask our director to monitor what's going on -- Mr. Mensah: Yes. Commissioner Carollo: -- to see for next year if it -- if we are able to provide funding, but right now, I need to do the financial prudent thing for the City ofMiami, and that would be to side with our professional staff and not fund them until a later date where maybe you get your financial house in order. Thankyou. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. You know, first, I want to thank former mayor for being here, and obviously, her presence and her testimony is very important, you know, as we deliberate. I had a unique opportunity to kind of fight alongside of her -- I don't know if she remembers -- when I was a member of the Alliance for Aging Board, and they were trying to defund an organization in Miami Beach and also one here in the City ofMiami, and we got to City ofMiami Page 16 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 kind of work together to try to stop that from happening, and those were two very worthy organizations, and we felt that a tremendous injustice was being done, and we fought very, very hard. And I'm very thankful to Victor Diaz, who helped us along, you know, with that fight. This is obviously very difficult You know, I think part of what we're struggling with as Commissioners is that we're tasked with something very difficult, which is that we administer a countywide program which has -- and please correct me if I'm wrong -- just in the HOPWA context -- $11 million in funding, approximately. Mr. Mensah: That's correct. Commissioner Suarez: And so I think the fear is that we've gotten indications from an organization that there is -- and then even by your own admission, I think, you know, that there was a tremendous amount of financial mismanagement, and it would be some way irresponsible of us, I think, not to hold that organization accountable, at least in the short-term, because if something were to go wrong, then I think that would jeopardize our ability to administer the entire amount of money, which is far greater than, you know -- Mariano, can you, please? We're having a discussion. Thank you. It's far greater -- please, -- than, you know, what -- than this particular agency. Andl think, you know, Commissioner Hardemon made a good point, which is that although it's a tremendous amount of funds -- I know for you, it's a lot of money. It's a tenth of your budget, roughly, and so I think -- and we're hopeful that it's not critical, it's not life -threatening, I guess is the word, you know, to your organization, to be without these funds temporarily. One thing that concerns me and that hasn't been discussed is what are -- and it's probably the most important thing -- is what is going to happen to the clients? Unidentified Speaker: I was just going to ask -- Chair Gort: Excuse me. Commissioner Suarez: 'Cause I think there are here people who have been beneficiaries of the program and, really, the most important thing is them. I mean, at the end of the day -- Chair Gort: That's the main question. Commissioner Suarez: -- you know, whether it's them or someone else, what we should really be focused on is, is there going to be any -- are people going to lose funding? Are they going to lose assistance? Is there going to be any sort of --? Mr. Mensah: No. George Mensah again. The answer is no, no one will lose funding on this. A small fact, to assist in ensuring that the recipients of these funds that it's a seamless process, we ask the other agency who -- and the agency is Care Resources (UNINTELLIGIBLE), and they also maintain a HOPWA program for Broward County. They have offices around. And so what I suggested to them, andl asked them that, before I even brought this item, to see that a staff -- we don't want any staff to lose their job. So if they can take on a staff that is managing the program for Miami Beach CDC in the interim to help them manage this program. They've already interviewed the staff and they are going to -- willing to be able to bring those staff on board -- Commissioner Suarez: So -- Mr. Mensah: -- to help them, so there will not be any loss of services of anyone, none. Commissioner Suarez: I think that's -- Chair Gort: Thank you. Commissioner Suarez: -- the most important thing. And l just want to just finish saying one last City of Miami Page 17 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PH.4 14-00186 thing, which is that not that we don't trust you, because we obviously do, and you're a great director and you've been -- you're one of the few that have been here consistently since I arrived and you've done a great job. But I think whenever you're going to reference an audit finding in your -- in our agenda packet, that the audit should be included so that -- not that we don't -- Mr. Mensah: I agree. Commissioner Suarez: -- trust your recitation, your interpretation, but, you know -- and some of the findings that you talk about are very, very egregious, I guess is the word. So I would like to see what -- I would like to read the audit myself, because maybe it gets into more detail and it better educates us on the decision that we have to make, which is obviously a very tough one, because you have prominent members of the community that are here of their own free will, you know, who care not only about the organization that they've worked very hard to build up, but they care most importantly about the clients that that organization serves, andl think we cannot make these decisions any -- you know, lightly. So -- and don't think anybody here is, by the way. Chair Gort: Thank you. Mr. Mayor, I welcome you all here, but you been there and you been where we are today. And Ernest Martin, you did a great job in Community Development; and, you know, the federal governments [sic] request certain documentations and they have to be there and they looking for any excuse to take money away because of lack of funding from any of the municipality. At the same time, the Miami Beach is not supporting you all, so my understanding is, they're going to be working with you to make sure that you get everything on the line and they'll be funded again next year. So with that said, any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: No, simply put, that appreciate all of you being here, especially Ms. [sic] Martin that serve on the Miami River Commission with and Matti, that we've worked in the past together, so I appreciate everybody coming up here and, you know, mentioning, you know, and speaking, and, you know, advocating for the organization. And, unfortunately, at this time we cannot, but let's see, maybe in the near future everything will work out. Chair Gort: It will. They got good people, so they'll be able to do it. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Martin: Thank you. Ms. Bower: Thank you. Commissioner Suarez: Thank you. Alfredo Duran: Good morning, Mr. Chairman, Commissioners. Chair Gort: A pleasure to see you again, Mayor. Mr. Duran: Alfredo Duran, with the Department of Community and Economic Development. PH.4 -- RESOLUTION City of Miami Page 18 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THREE (3) VACANT MIAMI-DADE COUNTY -OWNED PROPERTIES LOCATED AT 3749 OAK AVENUE, MIAMI, FLORIDA, 3604 PERCIVALAVENUE, MIAMI, FLORIDA, AND 3755 FROWAVENUE, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; CONVEYING THE SAME PROPERTIES WITH ALL ENCUMBRANCES AND CONDITIONS TO NEIGHBORHOOD HOUSING SERVICES OF SOUTH FLORIDA, INC. FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00186 Summary Form.pdf 14-00186 Notice to the Public.pdf 14-00186 Back -Up Documents.pdf 14-00186 Back -Up from Law Dept.pdf 14-00186 Legislation.pdf 14-00186 ExhibitA.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-14-0123 Chair Gort: PH. 5. ToddB. Hannon (City Clerk): Chair, I believe you -- Chair Gort: PH.4. Mr. Hannon: -- need to go back to PH.4. Thank you. Chair Gort: Four. Alfredo J. Duran (Deputy Director): Good morning. Alfredo Duran, Department of Community Development. PH.4 is a resolution that authorizes to accept three properties, located at 3749 Oak Avenue, 3604 Percival Avenue, and 3755 Frow Avenue from Miami -Dade County, and to convey same properties, with all encumbrances and conditions, to Neighborhood Housing Services of South Florida for the development of infill affordable housing in District 2. Chair Gort: Okay, thank you. Is there a motion? Commissioner Sarnoff. I'll make the motion, Mr. Chair. Chair Gort: Moved by Commissioner Sarnoff. Is there a --? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. This being a public hearing, is anyone in the public would like to address this Commission? Yes, ma'am, you're recognized. Renita Holmes: Good afternoon -- or good morning, gentlemen, and Mr. Chair. Thank you. I just wanted to note that this is a street where my kids play and where we live, andl want to say City of Miami Page 19 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 that NHS (Neighborhood Housing Services) -- I had the opportunity to spend this weekend with NHS, and as a experienced organizer in the community, this organization has provided some basic skills and an intro opportunity to people in the neighborhood. However, this street is half -way possessed by public housing units, and so my question and my concern entails -- and my children andl are representatives of a very low to the lower income family, and recognizing that this is affordable housing property that has some federal funds attached to it or purchased, as well as public property, my question and concern is: What is the return? Will it be focused on those women on that block? Which I know the head of households are organized on that block are more qualified in priority, and how can I assure that they ascertain the first home buyers ownership opportunity, since locality is within the federal guidelines, since these women have been preparing themselves, and since my children have been playing on these lots? And amongst that, I'd like a little bit community reinvestment. So could someone tell me how can I reassure that the most local on that block that are qualified to have their subsidies get those homes or take advantage of this economic opportunity funded by federal monies? Chair Gort: Thankyou, ma'am. It'll be answered. Ms. Holmes: Thank you. Chair Gort: Yes, sir. Mr. Duran: Yes. From -- Chair Gort: You want to answer the question? Mr. Duran: Yes. From the programmatic standpoint, federal funded projects must be made available to the -- to everyone. So everyone, including the residents of the Grove, will have an opportunity to apply for these under the fair marketing strategies that have to be incorporated into the project. Chair Gort: Okay, thank you. Any further discussion? Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. This was -- I don't know if Commissioner Suarez is here, but this was the money that he was -- graciously provided the HOME (Home Investment Partnership Program) dollars to District 2. We're going to be able to do about half a dozen homes in the West Grove, and what we've since done since then is put out an RFP (Request for Proposals), and that RFP came back just the other day, so you'll be seeing a little more with regard to what's to do with the remainder of the money. But we were able to achieve -- we were hoping to get about 35 houses, but we were only able to achieve 6, andl think part and parcel of the reason is most people don't want to sell property in the West Grove or Village West for what we can afford to buy it for to put an affordable housing product in play. They're good-looking homes. Matter of fact, they're actually Bahamian. We actually put a little bit of Bahamian flair to it. But this is the maximum we can do for single-family housing. So we've been at this for over a year and a half. We were hoping to get in the high 20s to the 30s, and we'll only do a half dozen and now we'll go back -- we've put out an RFP, and there's been a response to the RFP, and there's been a committee of selection -- the selection committee has made a determination, and we just learned of it this morning, so you'll hear more about the rest of that money. I just wanted to keep this board apprised, because we don't get to talk about it otherwise. Chair Gort: Thankyou. Is any further discussion? Being none, all in favor, state it by saying aye." City of Miami Page 20 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 The Commission (Collectively): Aye. Chair Gort: Thank you. PH.5 RESOLUTION 14-00240 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), Community and AUTHORIZING THE CITY MANAGER TO GRANTALLAPATTAH BUSINESS Economic DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME TO Development COMMENCE CONSTRUCTION SIX (6) MONTHS FROM THE DATE SAID EXTENSION IS APPROVED BY THE CITY COMMISSION, AND TO COMPLETE CONSTRUCTION EIGHTEEN (18) MONTHS FROM THE DATE SAID EXTENSION IS APPROVED BY THE CITY COMMISSION, ON THE PROPERTIES LOCATED AT 790-92 NORTHWEST 29TH TERRACE, 3255-57 NORTHWEST 11TH COURT, AND 3245-47 NORTHWEST 11TH COURT, MIAMI, FLORIDA, ("PROPERTIES"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00240 Summary Form.pdf 14-00240 Pre-Legislation.pdf 14-00240 Back -Up Documents.pdf 14-00240 Legislation.pdf 14-00240 Exhibit A. pdf Motion by Commissioner Sarnoff, 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 R-14-0124 Chair Gort: PH.5. Alfredo Duran (Deputy Director, Department of Community and Economic Development): PH.5 is a resolution that authorizes the grant to Allapattah Business Development Authority an extension of time to commence construction from six months from the date that the -- may approve by the City Commission and to complete construction 18 months from the date that may be approved by the City Commission on the properties located at 790-92 Northwest 29th Terrace, 3255-57 Northwest 11 th Court, and 3245-47 Northwest 11 th Court; authorizing the City Manager to execute a modification to the deeds that convey the properties from the City of Miami to ABDA (Allapattah Business Development Authority). Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. City of Miami Page 21 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: Second by Vice Chairman Hardemon. Any public hearing? Yes, ma'am. Renita Holmes: Again, my name is Madam Renita Holmes, resident, City ofMiami, community organizer for the Women's Association Alliance Against Injustice and Violence. Again, my concern and my address to you is to make sure that those public housing residents, those homeless, those veterans, and in that order that was set out in federal guidelines are done, and it's not just because I'm saying federal guidelines over local guidelines. I love what NH is doing -- NHS (Neighborhood Housing Services) has done in organizing and teaching, but me in my 30 years of experience and being an advocate for women in public housing, and being a qualifier as a person, it's not just a matter of talking; it's a matter of walking. There is a large and huge gap of affordable housing when already there's the concern of that issue about affordability being for very low to low income, and these are the ones that we targeted. I've got a list of women and children now who are seeking to move out of unsafe and contaminated communities or buildings who have done their job, who have a job, irregardless of the stigma and the stereotype that's going. I've got up -- a file that thick, andl think on the next item, I'll bring it out to show you and perhaps even give you blinded copies. And we have insufficient affordable housing readily available. So I guess what I'm asking you in the monitoring and the oversight is to sure [sic] that those priority persons are very low who seldom get it, and that we take a look at the affordable housing, and that we utilize those who are in need of emergency housing that are qualified right now in that order, and not just everyone, 'cause everyone's not a priority under the federal guidelines. Thankyou. Chair Gort: Thankyou, ma'am. Anyone else? You're recognized, sir. Mariano Cruz: Mariano Cruz. I am the chairman ofABDA. And the reason thatABDA is asking for an extension is because we were building housing, affordable housing for the people to buy, but no bank is giving permanent mortgage (UNINTELLIGIBLE), 'cause Chase, all these banks, they give the tarp to our ABDA-relief program and use the money. You go around, and you see how many Chase banks they got all over the place, but they don't give a penny for the permanent mortgages, so now we cannot build housing to sell because we're (UNINTELLIGIBLE). We're going to build now for rent and that why we changing from three homes to duplexes, and that's the reason we asking for the extension. We have to ask for all that. And we follow all the guidelines as federal money. All the guidelines, we follow them, you know, the prevalent wages, everything is done by the book. Thank you. Chair Gort: Thankyou, sir. Anyone else? Close the public hearings [sic]. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PH.6 RESOLUTION 14-00163 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI-OWNED PROPERTY LOCATED AT 6030 SOUTHWEST 2ND STREET, MIAMI, FLORIDA (ALSO KNOWN AS WEST END PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE AS WELL AS THE City ofMiami Page 22 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 14-00163 Summary Form.pdf 14-00163 Notice to the Public.pdf 14-00163 Legislation.pdf 14-00163 ExhibitA.pdf Motion by Vice Chair Hardemon, 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-14-0125 Direction by Commissioner Suarez to the City Manager to place a discusson item on a future agenda, either on the District 4 blue page or under the Discussion Items portion of the agenda, regarding Florida Power & Light (FPL) easements and what can be done in conjunction with the litigation to protect the citizens of the City ofMiami. Chair Gort: PH.6. Henry Torre: Good morning, Commissioners. Henry Torrey, director of Public Facilities. RE.6 [sic] is resolution granting to Florida Power & Light a nonexclusive easement of approximately 10-foot wide strip of City -owned property located at 6030 Southwest 2nd Street known as West End Park. Chair Gort: Thank you. Victoria Mendez (City Attorney): PH.6. Mr. Torre. Mr. Torre: Yes. Ms. Mendez: PH.6, right? Mr. Torre: PH.6, yes. Chair Gort: Do I have a motion? Vice Chair Hardemon: So moved. Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. This is a public hearing. Is anyone in the public would like to address PH.6? Renita Holmes: Madam Holmes again. It was always my concern, a focus on neighborhood building and realizing that we promote asset building. We know the value of our community, but it's always been an issue for us to be environmentally correct or inquisitive. And so since the last meeting when I requested some environmental data on some other projects, we know that there's an environmental impact when you turn up the voltage in properties that are very near, and there seems to be a pattern and a trend and as well as I can show you on my photo log and my photo blog a number of towers and easements full of mechanical, electronic stuff that's putting out some vibes, and then it's just like this big block that's there, you know. And used to be that was the hangout on a block where a kid could just lean and post up, you know, on this big metal City ofMiami Page 23 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 machine, and already, I'm a constant believer that, you know, too many of the bad vibes from people, let alone stares from people, let alone, the actual electrical volts that's going out over our heads. So my question and concern and my public information request again here verbally, as well as to you in the Clerk's Office unaddressed, is what will be the environmental and health impact, as well as what is the fiscal impact, both revenues or easements bringing to this corporation and utility? While we may need what we have, I don't think our health and our children need more of those noisy aesthetically correct. How can we address that? So my two questions are there. Thank you so kindly for addressing them as soon as you can, under the public information and sunshine law. Chair Gort: Thankyou, ma'am. Ms. Holmes: Thank you. Chair Gort: We'll make sure you get it. Yes, sir, you're recognized. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street. I am speaking -- I am an electrical engineer, specializing in transmission of power on the power plant to the substation. I don't worry about small voltage or anything, the transmission of power and all this, so but -- and FPL (Florida Power & Light) have been a good neighbor. They really, now with a system -- they got the new system, whatever they got, using natural gas and everything. My power bill has gone down under $100 for the first time in years, so -- and the FPL get the Deming's Award. Not many companies are getting the Deming'sAward, no. And they are being good neighbors, and am for helping them completely in everything, because they are good neighbor and we work together with them, and so far, I've never seen any problem with them. And don't work for FPL. I been a qualified also lineman, because I -- in the Army; I took the (UNINTELLIGIBLE), communication (UNINTELLIGIBLE), climbing poles and all that, so I know the system, and they are really -- they're really good people. Andl got to apply with them and they didn't want me at the time, no. Somebody told me when I apply there, "Oh, but you have an accent, " in 1963, when I come out there. And I say, "You are a xenophobic guy," so I never work for FPL or any other company, butt have made plenty of money in my life. Thankyou. Chair Gort: Thankyou. Commissioner Suarez: Mr. Chair. Chair Gort: Anyone else? Anyone else? Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Close the public hearings [sic]. Yes, sir. Commissioner Suarez: I don't know if it's -- has it been moved? Chair Gort: It's your district. Commissioner Suarez: Yeah. Has it been moved? Chair Gort: Yes. Commissioner Suarez: Yes? Okay. Chair Gort: And second. Commissioner Suarez: Thank you, Mr. Chair. First of all, I want to thank the City Attorney, City of Miami Page 24 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 who has, before becoming City Attorney and one of the main reasons why I voted for her nomination, was fighting the gargantuan fight againstFP&L to try to stop them from putting transmission lines through our City, massive transmission lines. And she's identified what she considers to be somewhat of aflaw in our easements, and) think, you know, it's a tough situation for us because we want to get projects going, and this is an important project. So what) would ask the Administration is that we have a discussion item on a future agenda. You can put it on my blue page, if you want, where we talk about, you know, FP&L easements and what we can do in conjunction with the litigation that we have with them to try to protect the citizens of the City ofMiami, 'cause I think Mariano andRenita have both good points. Obviously, on the one hand, you know, FP&L works hard to try to provide, you know, electricity inexpensively; and) think, you know, when we call them -- when our office calls them, they're pretty responsive and they do things pretty quickly. On the other hand, you know, just because they do some things right doesn't mean that we agree with everything that they do, and) think that's the nature of friendship, too, and partnership. You know what I mean? I think, you know, having a 100 foot transmission pole in the middle of a neighborhood is not something that anybody wants to see in the City ofMiami, so we have to do -- we have to kind of pay attention to the fine print sometimes. So I would ask the Administration, if they want to put it on my blue page, it's fine, that we do a discussion item on FP&L easements. But I don't want to stall these projects, and we talked about that. Andl don't think any Commissioner wants to stall their project. I think it's something that they want to look at how we're doing -- you know, kind of how we're doing business and how can we modifi, our agreements to better reflect and protect our residents. So thank you, Mr. Chair. Ms. Mendez: And Commissioner, this one should not be a problem, in that this is both of them -- the next one as well -- is underground easements, and we will hold them to that tooth and nail. Commissioner Suarez: Sure. Ms. Mendez: Thank you. Chair Gort: But at the same time, I think the question's been asked, if we can get the information, the one that's not over -- underground, what kind of scientific study that we have and so on, and that's something I'm going to bring back sometime about DERM (Department of Environmental Resources Management) and everything that's going on with our parks. I want to get more information. 'Cause right now, I understand all our parks are going to be closed, so that's something) really want -- see if we can do something about that. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PH.7 RESOLUTION 14-00165 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY ONE HUNDRED (100) SQUARE FOOT PARCEL OF CITY OF MIAMI-OWNED PROPERTY LOCATED AT 2240 SOUTHWEST 12TH STREET, MIAMI, FLORIDA (ALSO KNOWN AS BRYAN PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, AND APPURTENANT ABOVE GROUND EQUIPMENT WITH THE RIGHT TO City ofMiami Page 25 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE AS WELL AS THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 14-00165 Summary Form.pdf 14-00165 Notice to the Public.pdf 14-00165 Legislation.pdf 14-00165 ExhibitA.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-14-0126 Chair Gort: PH.8. Henry Torre (Director, Public Facilities): PH.7 is a resolution granting to Florida Power & Light a nonexclusive easement of approximately 120 square feet, located at 2240 Southwest 12th Street, known as Bryan Park. Commissioner Suarez: Move it with the same concerns. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. It's a public hearing. Yes, ma'am. Renita Holmes: Yes, sir. Thankyou, Mr. Chair and board. Andl want to thank you, Commissioners, for that. You know, I commend you, Commissioner Carollo, andl know that Commissioner Sarnoff and that it's future plan for my Commissioner to do walk-throughs, because it's so easy to say, Okay, it's okay. We want to move it at this point. "But, you know, after 12 poles -- and when I take a ride on my famous limousine bicycle, as I travel through the bike mode, I pass eight towers within a 12-block radius, the huge blocks, and that's a circular. So that's my concern. We have never -- andl appreciate -- but am really enforcing and requesting as a citizen that from now on whenever we do anything environmentally -- Commissioners, you taught me to be an environmental tech at Lindsey Hopkins when we received the Brownsville [sic] grant for five million, andl know that there are three million, and I'd like to thank the Community Economic Development committee for allowing me to do that, because we know that there was some complaints filed with the State EPA (Environmental Protection Agency) because of this lack of information getting timely. Just like we know that we had a delay in the environmental issue that we had at Olinda Park, but it took one activist to get that done, and teaching a people who hardly ever use the word anvironmental'or who don't have the grade level and who -- DERM is with the County. So now, in the interest of my city, recognizing that I've got a good education from my city, I know that that will become an initiative, particularly the NHS (Neighborhood Housing Services), but I really need to know right now between cancer rates and TAC [sic] rates and epileptics in the neighborhood, which I am an epileptic as well, what is the potential harm and danger of these projects that are about to occur so that we can do things better? And know that there are solutions; otherwise, we would have no EPA law, we would have no EPA funding, and you would not teach me to be a EPA technician with funding received from the government to assure their citizens get that. Thank you. Chair Gort: Thankyou. Anyone else? Close the public hearing. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 26 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PH.8 14-00108 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85(9A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("MIAMI") FOR THE DESIGN DISTRICT ROADWAY AND STORMWATER IMPROVEMENTS PROJECT, NO. B-30985, FOR IMPROVEMENTS AND ENHANCEMENTS TO PORTIONS OF CITY -OWNED PUBLIC RIGHTS -OF -WAY ALONG NORTHEAST 38TH AND 39TH STREETS, BETWEEN NORTHEAST 1ST AND 2ND AVENUES, MIAMI, FLORIDA; FURTHER AUTHORIZING BY A FOUR -FIFTHS (4/5 THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, THE CITY MANAGER TO EXECUTE A DEVELOPMENT MANAGEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH OAK PLAZAASSOCIATES (DEL.), LLC, AS DEVELOPMENT MANAGER, FOR THE PROCUREMENT AND CONSTRUCTION OF THE COMPLETION OF THE RIGHT-OF-WAY IMPROVEMENTS BASED UPON THE CRITERIA AND PROCEDURES SET FORTH IN SECTION 18-85(9A) AND OTHER SECTIONS OF THE CITY CODE, AND THE CITY MANAGER'S WRITTEN FINDINGS, ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $1,500,000.00;ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. B-30985, FOR SAID PURPOSE. 14-00108 Summary Form.pdf 14-00108 Notice to the Public.pdf 14-00108 Memo - Bid Waiver.pdf 14-00108 Letter - Ford Engineers, Inc..pdf 14-00108 Pre-Legislation.pdf 14-00108 Legislation (Version 2).pdf 14-00108 Exhibit (Version 2).pdf 14-00108-Submittal-Javier Fernandez.pdf 14-00108-Submittal-Rafael Suarez-Rivas.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0128 Chair Gort: PH.8. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. PH.8 is a four fifths bid waiver to waive the bidding procedures and enter into a development and management agreement with Oak Plaza Associates for the construction of the right-of-way improvements in the Design District along Northeast 38th And 39th Streets, between Northeast 1st and 2ndAvenue, in an amount not to exceed of $1.5 million. At the last Commission meeting, the Commission approved a State of Florida grant for City of Miami Page 27 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 a million dollars, with City ofMiami providing a $500, 000 match. Due to the time constraints of this grant, the City will not be able to provide the infrastructure improvements by the deadline of June 30. You have any questions (UNINTELLIGIBLE) answer them. Chair Gort: Okay, it's a public hearings [sic]. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I speak. I go to the neighborhood at least once a week. We own -- I am a member of the National Association of Letter Carrier, and) am still a postal employee on workman compensation, okay, 75 percent tax free. And remember, not only that, I go by there every week and) see what they doing there, 38, 39th Street. They really working day and night around there. I see even buildings going down and everything. And they really working there, because I see -- let's say redundant -- -- with my own eyes, I seen that there the way they working there. I am all for this. Commission should approve this, four fifth vote, five fifth vote; do it. Thank you. Chair Gort: Thankyou. We have your vote. Thankyou. Commissioner Suarez: I move it. Chair Gort: Been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Vice Chair Hardemon: Well -- Chair Gort: You're recognized. Vice Chair Hardemon: Thank you. Especially considering that this is something that affects my district, I -- one of the things I had a concern about was we know that bid waivers are instruments that we use to allocate funds when sometimes we're in a situation where a delay for an RFP (Request for Proposals) would be detrimental to us. Obviously, this is one of those situations. With the $1 million grant, plus our $500, 000 match, it gives us an opportunity to fund this type of project, and it has the least fiscal impact upon our community. Good thing. Of course, I did have one question. I know when I was in discussions with Administration, I requested just some information regarding the legalities between requiring minority participation, minority firms and such. Any time we have a bid waiver, in my opinion, this is an opportunity where we can put in requirements that are beneficial to those that have companies that were born and raised in Miami, and that could provide some of the small services that may be in the large scope of this project can be provided. So I want to know what's the progress with that, because that's something) need. It may not affect us here today, but it certainly will affect us tomorrow. Mr. Spanioli: Well, theoretically, the Procurement Code, if we were bidding it out ourselves, (UNINTELLIGIBLE) would require a 15 percent local workforce participation. In this case, the four fifths bid waiver waives the procurement requirements. But I believe that the developer is here to provide information on what they're doing on behalf of local workforce on this project. Vice Chair Hardemon: I know this gentleman's not a developer. I know he -- I know -- he can't be. But certainly, also, we could put that requirement within this bid waiver. Is that permissible? Mr. Spanioli: We -- I -- I'm assuming we could add language to the agreement, if the other party was amicable to that. City ofMiami Page 28 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Javier Fernandez: Mr. Chairman, ifI can just -- Chair Gort: My understanding -- wait a minute -- is that you're stating that this contract is going to go to an existing contract that's already is enforced. Mr. Spanioli: There is a contractor that has been hired by the developer that is doing the work there currently -- Chair Gort: Right. Mr. Spanioli: -- within those right-of-way areas. Chair Gort: Right. Mr. Spanioli: That is correct. Vice Chair Hardemon: From what I understand, Mr. Chairman, if you may. What we have here is a situation where we have a developer who's making some improvements within the area currently. This area, this strip that we're trying to improve upon now, could be open to other companies that can make this development happen. Correct? And so this is just a matter of -- for it to best occur, from what I understand, for this to be seamless and so that you can just utilize the same resources that we have working on the other streets, utilize this company to work on this one. Mr. Fernandez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Mr. Fernandez: Thank you. Appreciate it. Javier Fernandez, for the record, with Akerman T,T (Limited Liability Partnership), offices at One Southeast Third Avenue. Commissioner, to your question, there are a couple -- a little context may be helpful here. We procured, for the benefit of the City, an appropriation, which is the basis for the current grant with the State Legislature last session. Unfortunately, there was quite a bit of difficulty -- communication with the State about the finalization of the contracts. We lost a significant amount of time, the City did, in terms of the ability to actually procure work competitively. What we are trying to do is facilitate the draw -down of the full complement of the million dollars the State has provided in that appropriation by the deadline of June 30, and so we are utilizing my client, OakPlaza's contract with Coastal, in essence, to deliver that work within the reimbursement period that's allowed by the State so we don't lose the money. That's important for two reasons: One, we don't want to lose the funding; but two, we are also currently in a position to possibly obtain an additional appropriation in this current legislative session, and so the return of this money to the State's general fund would prejudice that request, which would, again, forego a possible opportunity to provide for more inclusion in terms of a future public work here at the City. So because of the time exigency, we're relying on an existing contract, and I'm not in a position today where I can commit to that additional 15 percent requirement. What I can report to you is some information generally about the commitments we made in the context of our development agreement and can share some information about what we're doing by way of minority, women -owned participation to date and also participation ofMiami-Dade County and City ofMiami residents, in not just the roadway improvements but the physical improvements happening on my client's property generally. And by that, two phases I can report on are (UNINTELLIGIBLE) garage, which just began construction. We have two minority -owned firms working on that project currently. I will get you the aggregate dollar figures in terms of the value of that work, to your office, if that would be amenable. On our first phase, which is Palm Court, we have seven minority and women -owned firms working on that project currently, and the preliminary numbers that we've City ofMiami Page 29 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 received in terms of distribution of our workforce, geographic distribution, is at 75 percent of the workforce is supposedly resident within the City ofMiami. We're a little dubious of that number. We're not sure if the contractor meant to indicate Miami -Dade County, so I will -- we're doing some verification of that number, but we do have significant project participation from people in the community currently. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: And by no means do I want to hinder our opportunity to utilize State funding where we would have to use our own funding, and so that's why I say in this situation today, it may not affect us, but I do want the information moving forward so I can understand exactly how we navigate these waters. But second, we put these parameters in place. I mean, you made some statements as to the participation that you are ensuring that we have, and) think that we probably -- "we," being the City -- should follow up a little better, so in the future -- and I say this to my Commissioners -- one of the things that) want to make sure that we look into and that I'll be advocating for are things -- it depends on how far -- I don't know the verbiage for it, but something affecting -- where we can determine exactly what they did to protect us or to ensure that they met the guidelines that we put forth in these contracts, because sometimes it's good enough to say, okay, we have the requirement, but then if it's not met, hey, you know, it didn't get met. So I want to ensure that that does not happen, that we have the participation that we need; not saying that that's happening in this situation, but speaking generally, how we go about handing our business out in the City ofMiami. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: You know, it's something that, as a CRA (Community Redevelopment Agency) board member, I've talked about a lot before you arrived. We -- and it's something) think that drives Commissioner Carollo crazy. I don't mean to put any words in his mouth. But we have a lot of lawyers in the CRA, but as far as I know, other than our accountant, Miguel, we don't have any auditors. We don't have an auditor. So, you know, I'm sure that's music to the Commissioner's ears. But the fact of the matter is we need to have a balance. You know, you need to have someone that can -- because it isn't an incredibly legal organization, the CRA, and it works with Florida Statute, but you also need someone on the back end, exactly what you're talking about, to audit the contracts to make sure that the promises that people are making, even though they're contractually bound to make them, that they're keeping them, because that's the follow-up that you're talking about that) don't see it happening. It's not happening in the City. It's not happening in the CRA. I mean, one way I think to do it is to build into the contracts, whenever we're doing these things, self -auditing with, you know, licensed firms; that they have to report to us, just like we were talking about with that Miami Beach agency. Vice Chair Hardemon: And penalties. Commissioner Suarez: Absolutely. But if we don't even -- if we're not even checking, you know, you're lucky that you have a responsible company here, but they may not be the next person, which is what I think you're suggesting, you know, and -- you know, so I think we need to build in those protections into the contract, and) think we need to be vigilant in actually reviewing whatever findings are made and taking action, appropriate action. Chair Gort: That's something that I've been requesting quite a while. We have a lot of contracts; how do we make sure that the commitment, we follow up? City ofMiami Page 30 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Alfonso: Commissioner, I'll let Mr. Spanioli speak a little more about this. But we do require the companies that have requirements for participation to provide that information as part of the process, but I'll let him go ahead and -- Chair Gort: No. I understand, but what follow-up can we do to make sure that the documents that we receive are (UNINTELLIGIBLE)? Mr. Alfonso: Okay, go ahead. Mr. Spanioli: IfI may, Commissioners, right now the Procurement Code requires that if a product does meet -- does have to meet the 15 percent local workforce or minority business requirements, they also have to have an accountant independently verified that they are meeting those requirements, they review all the contractor invoices for -- to the subcontractors and all the workforce requirements. Commissioner Suarez: Is that a CPA (Certified Public Accountant), a license --? Mr. Spanioli: It is a CPA, yes. Commissioner Suarez: Okay. Mr. Spanioli: It is required by our current ordinance. We do get those records and we do ver them before payment is made. We're able to hold back payment. If they are unable to ver, we can hold back as much as 5 percent of the retainage [sic]. Chair Gort: Thank you. You're recognized. Vice Chair Hardemon: And there're a lot of generalities when you talk about workforce participation, so yes, maybe today, there was a 15 percent participation threshold that is met, but that project may be a year -long project. So I'm sure -- and tell me if you feel differently -- but there needs to be a greater scheme or mechanism for ensuring that that type of percentile is maintained throughout the duration of the project rather than at a point in time to meet that threshold, and then the rest of the business is given as the company needs. Mr. Spanioli: Commissioner, I agree with you. I believe that there certainly needs to be some relook and tweaks to the current ordinance that we have, particularly -- You know, the 15 percent requirement only kicks in if there's more than $100,000 worth of labor required on the project, and there's some other percentage thresholds, so there's other items in there that need to be relooked at. I think we need to go into a simpler format, and we talked about that in your office, where it's just directly you get so many workers per X'hmount of dollars spent, and it's just straightforward and it's easier to be tracked. But I agree with you, yes, Commissioner, there are some changes that should be made. Chair Gort: Okay. Mr. Fernandez: Mr. Chair, I don't mean to needlessly bog down your item, but I did make some commitments to the City Attorney and her staff that would read three minor modifications into the record for your benefit. Chair Gort: Sure. Mr. Fernandez: So I apologize for interrupting. And ifI may expand on my prior comment, Commissioner -- just getting information real time here, as we're discussing it, from my client staff back at their office -- with respect to the private portion of the project, the (UNINTELLIGIBLE) garage, I've been informed that of the $22 million of work awarded to date, City of Miami Page 31 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 about 12 percent, or $3 million, has been awarded to minority and women -owned firms, and again, I'm happy to provide -- again, that's not a project that's bound by any requirements, any that we're doing voluntarily, and that is where we are progress to date. I'm happy to follow up with more information with you on those items as well. With respect to the modifications that I've been asked to read into the record, one relates to the indemnification, paragraph 12 of the agreement, on page 9, and the change reads as follows, first sentence: `Development Manager and Contractor" -- the new language is -- "by rider, addendum or amendment to its construction contract, if not already included with Oak Plaza, shall jointly" -- and the sentence continues thereafter. I will provide copies to the Clerk of these modifications for the record. The second change relates to the clarification of an abbreviation in paragraph 32. At the close of that paragraph, there's a reference to an abbreviation of CDD [sic], which is not defined elsewhere, and that stands for "Construction Change Directive." That's located on page 32 of the contract, so we're just adding the three words that that is intended to define. And the last change is actually to the notice provision. I think the draft you were provided in paragraph 65 did not reference who from the contractor or the development manager was to be provided notice, and that information is as follows: The notice is to be provided to Oak Plaza Associates Delaware, LLC (Limited Liability Company), attention Eric Wilson, to an address of 3841 Northeast 2nd Avenue, Suite 400, Miami, Florida, 33137, and that is the balance of the changes. Thank you. Chair Gort: Okay, let's finish with the public hearings [sic]. Yes, ma'am, you're recognized. Ms. Holmes: Thank you again, Commissioners. Madam Renita Holmes, citizen, Miami -Dade County, representing the Women's Association, as well as our homes and several other organizations which are made up of local residents, but more than likely, the Youth Urban Movement. It's a group of young men who live in that area that are basically comprised of African American and Latino boys; various, Dominican, Nicaraguan. I grew up on 32ndStreet and loth Avenue, so Wynwood was always a love for me, from Robert E. Lee to Santa Clara, you know, from American High to Miami Beach High, but that was a centering point between us and -- because of the makeup of my family as well. (UNINTELLIGIBLE). Listen, when these young men go by and see other people working in their community, that's fine. But when I see women that register themselves as minority women -owned, minority contractors because they have the backing of developers and contractors to structure themselves to qualify, I've been here as a strong advocate of using local folks and as a strong advocate of empowering youth as one who experienced doing the facade at our own MLK/EDC (Martin Luther King/Economic Development Corporation), and forcing that to happen and realizing, Madam Attorney and City Manager, that policy sometimes don't always have a mechanisms involved, like they do in Jacksonville, pilot project, that this is a great time. But I recall the real beginning of this area, when Midtown's money and $33 million came from Liberty City where there are many boys and some women that are construction workers, andl went out andl took pictures; andl love any time that you'll take a moment to look at these towers and these pictures of people, they're qualified, butt have an issue in placing them. So when people come to me and say, "Can you build a company?" and then you promise to hire my folks and you don't, I hear all that andl understand. But my people have ability to create a pilot project, like they do in Jacksonville, by utilizing them, and I'd like to take the time to offer those services and that workforce to them, you know, and that won't affect you. As a matter of fact, that'll attach you to other workforce revenues that I've also identified. Sometimes you just got to believe that we have the answers and we are the answers, because you are in my community and there is good leadership and knowledge of how to administrate workforce opportunities within local contracts. Thank you. Chair Gort: Thank you. Okay, any further discussion? My understanding, some amendments have been made, so we need the maker of the motion here. Todd B. Hannon (City Clerk): The maker of the motion is Commissioner Suarez. It was seconded by Commissioner Carollo. We would need Commissioner Carollo to accept those modifications as well. My suggestion could be to potentially table the item and then vote on it. City of Miami Page 32 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: He's coming. Commissioner Suarez: I accept the changes. Commissioner Carollo: What's the amendment? I'm sorry. Chair Gort: Will you repeat the amendments? Mr. Hannon: Yes, sir. I believe -- and Mr. Fernandez -- Mr. Fernandez: Again, Javier Fernandez with Akerman, for the record. Three modifications to sections, just clarifying language that the City Attorney asked me to incorporate into the record. One relates to actually adding the party to receive notice for the development manager so, as I indicated before, it'll be Oak Plaza Delaware, TI C. I'm sorry; Oak Plaza Associates Delaware, LLC, attention Eric Wilson, and the receiving address, which is 3841 Northeast 2ndAvenue. There is a modification to page 32 of the -- I believe page 32 of the document. I'm sorry; that was page 32. Page 19 of the document in Section 32, the last sentence there has an abbreviation, which is previously undefined. The abbreviation is currently CCD (Construction Change Directive). The definition or the term it's meant to define is Construction Change Directive. We just added that language. The last change is a modification to the first sentence of Section 12, which is the indemnification provision, and the additional language would follow these first words: Development manager and contractor. The added language is by rider, addendum, or amendment to its construction contract, if not already included, with Oak Plaza. And the continuation of the prior language: It "shall jointly and severally indemnf, defend, save and hold harmless the City, its officers, agents, directors, employees from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence, recklessness, intentional, wrongful misconduct of the development manager and persons employed or utilized by it. " And it goes on for quite a bit more, but that is language that was already in the document. Commissioner Carollo: That's a long amendment. Mr. Fernandez: No, it's a total of 12 words. I just wanted to read it in context for you. Commissioner Carollo: I accept. Mr. Fernandez: Thank you. Chair Gort: Okay, is any further discussion? Being none -- Now, let me ask you a question I asked before: The State grant does not require competitive bid? Mr. Spanioli: No. It's a grant directly for the project. Chair Gort: Okay. Mr. Spanioli: No competitive bid requirement. Chair Gort: Just want to make sure we can get reimbursed. Mr. Spanioli: That's correct. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 33 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Fernandez: Thank you for your time. Mr. Spanioli: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READINGS SR.1 ORDINANCE 14-00080 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF THE NORTH SIDE OF SOUTHEAST 1ST STREET BETWEEN SOUTHEAST 1ST AVENUE AND SOUTHEAST 2ND AVENUE AND SOUTHEAST 2ND AVENUE BETWEEN EAST FLAGLER STREET AND SOUTHEAST 1ST STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00080 Summary Form SR.pdf 14-00080 Notice to the Public SR.pdf 14-00080 Notice to City Departments FR/SR.pdf 14-00080 Back -Up Documents FR/SR.pdf 14-00080 Back -Up from Law Dept FR/SR.pdf 14-00080 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13446 Chair Gort: Okay, PH.8. That was 8. Okay, we go to the Second Reading 1. That was -- Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry -- Victoria Mendez (City Attorney): I believe it's SR.1 that we're doing. In Agenda Mr. Ihekwaba: Yes. Good morning. Zerry Ihekwaba, Public Works director. SR.1 is an ordinance to amend Chapter 54 of the City Code by amending Section 54-190, entitled Non -Standard Street Widths'£n order to reduce the zone right-of-way width Northeast -- sorry -- Southeast 1st Street, between Southeast 1st Avenue and Southeast 2ndAvenue, and also to rezone the right-of-way width Southeast 2ndAvenue, between East Flagler and 1st Street. This is the second reading of the ordinance. The right-of-way has a number of historic buildings -- City National Bank, Royalton Hotel, Ingraham Olympia Building, and Walgreen -- that are currently sitting on the zone right-of-way width. So what we are trying to do is to reduce the right-of-way width to confirm to existing conditions, provide for an enhanced pedestrian comfort and convenience in order to allow any future infill development to conform with the arcade facade of the existing infrastructure. It is -- I think it's needful to emphasize that the current alignment of the vehicular travel lanes will not change if this ordinance is adopted. Every condition along the right-of-way remains the same. Any questions? Commissioner Sarnoff. Move the item. City of Miami Page 34 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: Thank you. It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Is there a --? Commissioner Suarez: Second. Chair Gort: Second by Vice Chairman Hardemon. It's a public hearing. Is anyone in the public would like to address this? Being none, close the public hearings [sic]. Any further discussion? Being none -- The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. SR.2 ORDINANCE 13-01021 Miami Parking ITEM TO BE DEFERRED BY THE ADMINISTRATION Authority FR.1 14-00238 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY AMENDING SECTIONS 35-220 THROUGH 35-250 TO UPDATE THE DESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01021 Summary Form SR.pdf 13-01021 Legislation SR (Version 3).pdf 13-01021 Exhibit SR (Version 3).pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 SR.2 was continued to the April 24, 2014 Planning and Zoning Commission Meeting. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READINGS ORDINANCE First Reading City of Miami Page 35 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "BUILDINGS/ SECURITY SCREENS AND SHUTTERS," MORE PARTICULARLY BY AMENDING SECTIONS 10-111 THROUGH 10-114 TO EXPAND THE SECURITY SCREEN AND SHUTTER REQUIREMENTS TO THE DOWNTOWN DEVELOPMENT DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00238 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Okay, FR.1. Daniel J. Alfonso (City Manager): First Reading 1 is an item brought to us through District 2 Commissioner. It's an ordinance to do the security screens and shutters in the DDA (Downtown Development Authority) area. Commissioner Sarnoff. Oh, I apologize. It was mine. Chair Gort: No, that was -- Commissioner Suarez: It's okay. Chair Gort: I think -- Commissioner Suarez: You did a great job. Commissioner Sarnoff. He did. I could tell you, Danny, keep going; you're doing great. Commissioner Suarez: Plus, he was on the ball. You realize that you weren't on the ball? Commissioner Sarnoff. I wasn't and he was and that was great. I was -- Mr. Alfonso: One of those gentle subtleties. Commissioner Sarnoff. Thank you very much. So this is what said would bring back to you. We have modified it slightly from what the Grove one was. The most important feature of this is new buildings will no longer be able to have the kind of shutters that you're seeing. We're grandfathering in the see -through shutters, very much a compromised position, but a position that we do support now. The opaque shutters will be forced to be removed. I think it's within three years. We do have a robust program to help people pay for that, and that's this size. That's about the -- you know, when you create a walkable pedestrian friendly city, part of that is making interesting -- just interesting windows and window treatments. So I hope you do support this. It's in the downtown area. We did it for Coconut Grove. The Coconut Grove one's a little more robust. This one scales it back slightly. I know Jose Goyanes is here, and trust me, he wouldn't be here if he didn't support it. Well, actually, he might be for different reasons. Unidentified Speaker: Commissioners. Chair Gort: Excuse me. Wait a minute. That's it? Commissioner Sarnoff. That's it, Mr. Chair. City of Miami Page 36 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: It was his motion. You second it? Commissioner Suarez: I'll second it with discussion. Chair Gort: Okay, discussion. Commissioner Suarez: Thank you, Mr. Chair. I had a chance to speak with Jose and was happy to learn that the business owners that he, you know, including himself seem to be in support. And obviously, I think, it's -- it was always a good thing. The issue wasn't whether it was a good thing or not. The issue was, like a lot of things, is the devil is into the details, you know, and trying to accomplish it and change the way downtown looks is something that benefits everyone in the City ofMiami, andl think it was going to happen naturally. This accelerates the process a little bit, and it should be accelerated, because the fact of the matter is downtown should be, you know, what downtown Paris is, you know, and other parts of Rome, et cetera. I do have one -- I don't know if it's a concern, but there's one concern that has been expressed to me by the property owners, and I'm in support of (UNINTET,TIGIBT,F) -- at what (UNINTELLIGIBLE) I'm in support of this, which is that I know that the DDA has a funding mechanism that is going to help the existing owners through this conversion, andl know that the DDA, just like we do, we budget on an annual basis. Andl think the concern is that they want to hear from us that there's going to be a continued, if not an increased amount of funding from the DDA to help, you know, store owners through this conversion process. I think you've said that on the record before. I don't think that anyone doubts it. I just think it -- you know, they want to continue to hear that. Because it is financially burdensome, you know, because it is expensive to do this, andl think, you know, you can attest to that and many others in downtown can attest to that, so that's the only kind of you know -- And by the way, the person who called me did support it, and they were advocating my support of the ordinance, which was a surprise, 'cause they used to be an opponent of it, as I think was Jose at one point. But they said, Look, all we want to make sure is that the funding that's in place at the DDA is either maintained or increased, if possible," obviously, you know, because they would love the help in making this transition as quickly as possible, because I think everyone believes in the idea and in the vision, andl -- By the way, I commend you for bringing it and your courage, because you took a lot of heat at the beginning, and there are big interests in downtown and, you know -- and you were able to listen to them. And, you know, I think a lot of it is putting egos aside and, you know, working with people to make something that everyone can be happy with. Chair Gort: Thank you. You're recognized, sir. Jose Goyanes: Jose Goyanes, with offices at -- Chair Gort: Yes, sir, go ahead. Vice Chair Hardemon: I have a question. As it pertains to who enforces this, this would be Code Enforcement, correct? Now, what I find to be interesting about this whole situation is that, undoubtedly, downtown needs a facelift. Commissioner Sarnoff you've done a wonderful job and the DDA has done a wonderful job trying to make sure that the downtown area is something that we can be proud of but there are a lot of other places that need facelifts, andl say that to mean this: That if we aggressively go out and ensure that Code Enforcement and Code Enforcement goes out and makes sure that the downtown area is as it should be, safe and clean and secure for the residents and for the visitors who are there, I think that Code Enforcement should also do the same for other communities. Mr. Goyanes: Correct. Vice Chair Hardemon: Because as a whole, when we talk about the City ofMiami, Code City ofMiami Page 37 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Enforcement enforces things as a whole. And so -- just the same as the way that downtown looks affects other communities, the way that other communities look affects the City ofMiami as a whole, because I can tell you that the more we neglect other parts of our communities, the worst that the brand that we call Miami or My-am-uh, " however you want to place it, is going to be affected. And in Code Enforcement, you all play a huge role in ensuring that we have a City of Miami that is something that we all feel comfortable with, andl mean that from the bottom of my heart, because I'm even considering going so far as to dedicating some of my -- if it has -- well, dedicating some of my dollars, CDBG (Community Development Block Grant) wise, to ensure that my community looks the way that other communities look. He may complain about peacocks, but ifI saw a peacock in Liberty City, I would be excited; that rather than chickens, right? So -- Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: Look, I grew up with chickens on my block. It didn't bother me at all. Commissioner Carollo: By the way, the peacocks encroach the Roads. Vice Chair Hardemon: I know, I know. Commissioner Carollo: Second Avenue and 21stRoad -- Vice Chair Hardemon: But I would say this -- Commissioner Carollo: -- there was about six of them. Vice Chair Hardemon: -- one of the advertisements that we have that advertise for the City of Miami, there -- it says 1't's So Miami, 'and they have peacocks crossing the street, and there's a traffic jam and a gentleman is sitting waiting on it, and so we're using that, which is a problem, but to sell the beautiful city that we have. So I just want the places that we call home in the City ofMiami to look the way that it needs to look, and that's with Code Enforcement and anything else. One of the things that we talked about at a previous meeting was that the lights in the parking lot here at nighttime were not working, so when we had employees travel back to their cars, it's unsafe. I took pictures of some things on my cell phone as I was approaching a vehicle in the parking lot, and just the amount of trash that was in that lot was ridiculous. I thought to myself, this can't be City Hall. So, yes, our building is beautiful; yes, we do a lot of things here, butt mean, my God, ifI saw it, then that means that someone who was also responsible for clearing it saw it. So I just ask that we do what we can as a city to ensure that all of our community is beautiful, and I'm not saying that advocating just for District 5; I'm saying that for every single district that we have here, because all of us hear that when we go knock on doors in our community. Unidentified Speaker: Will do, sir. Chair Gort: Thank you. Could we let the public speak or --? Commissioner Suarez: Sure. I just want to make one -- 30-second comment on what -- Chair Gort: Go right ahead, sir. Commissioner Suarez: You know, when the Manager and I sat down to look at the capital plan -- I'm speaking as quickly as I possibly can -- the one thing that I told him that we need to focus on is beautification, because we get the biggest bang for our buck in terms of what we invest and what the return on that investment is. And I think -- I have to give Commissioner Sarnoff a lot of credit, because he's used things that we don't have at our exposure, like BIDs (Business City ofMiami Page 38 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Improvement Districts), and we should have BIDs, by the way. We should have BIDs in our districts, but we don't. But he's used BIDs. He's used obviously other -- DDAs (Downtown Development Authorities), Omni CRAs (Community Redevelopment Agencies) in ways to beautify the City, because we haven't been doing such a great job on our own, so I -- I'm a hundred percent with you, and we really need to focus on that in this budget year, and we'll get a big bang for our buck. It doesn't cost that much money. Thank you, Mr. Chair. Chair Gort: You're finally recognized. Mr. Goyanes: Jose Goyanes, with offices at 4 Southeast 1st Street. Commissioner Suarez: Yeah. One more (UNINTELLIGIBLE). No, I'm just kidding. Mr. Goyanes: Anyway, I think this is a fantastic idea. I commend Commissioner Sarnoff. We finally agreed on a way that we can do this that doesn't hurt the small business owner in downtown Miami, and this is the right thing to do at this moment. If -- something that was never said here, for many, many years the DDA removed the opaque shutters and paid for see -through shutters. I mean, going back to a year ago, there was a building on the corner of Southeast 1st Street and Miami Avenue that they did the entire facade on that building, and it did change the area. The public safety factor that comes from removing the shutters as well is very, very important, because some of these businesses that are now on Flagler Street that do not have shutters or have see -through shutters, they leave lights on at night; and if they leave lights on at night, it brings light to the sidewalk, consumers can walk by there after the business is closed and see what business actually is in there and maybe come back the next day and shop in your store. So this is a positive move. It's a -- I'm very happy to see it, because we've lost a lot of businesses over the last several months that have opened up and left their old shutters on there. And it's time for a change. Thank you. Chair Gort: Thank you. Any further discussion? Anyone else? Anyone from the public would like to speak on this item? Okay, we close the public hearings [sic] and any further discussion (UNINTELLIGIBLE) -- Commissioner Suarez: DDA chair, you want to make any statements on continual funding on this program? Commissioner Sarnoff. We have the ability. We will continue to fund this program. And something that you passed; I know that I'm going to bring back for the noncommercial sense, but we passed Ygrene." Commissioner Suarez: PACE (Property Assessed Clean Energy), right? Commissioner Sarnoff. Right. And the PACE program, for whatever delta that is left, based on what that person puts in there -- Commissioner Suarez: Refinanced. Commissioner Sarnoff. -- can be financed and refinance at 8 percent, which is a reasonable number that will be put on a property tax bill. So there is a strategy here, I mean, and it's a very cogent, good strategy. And, you know, while I'd like to pay for all of it, I think the private sector has its own obligations -- Commissioner Suarez: Agreed. Commissioner Sarnoff. -- to do what it's supposed to do. City of Miami Page 39 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Between first and second reading, could you just provide us how much funding you're going to dedicate from the DDA and what line item it will be for --? Just so Commissioner Suarez will be at ease? Commissioner Sarnoff.. Absolutely. Chair Gort: See, many of you sitting here today but not recognize or remember downtown Miami. As I remember, downtown was a central focus for the whole City ofMiami. You had all the entertainment. It was the place to be and the place to go. Andl think the changes that you're making, it will bring it back. Changes needs to be taken in Flagler Street. I mean, we been trying to change Flagler Street for so long now and maybe we'll come up with a new plan you're coming up with. Maybe on Friday and Saturday nights on the weekend you cut the traffic at 6 o'clock and making a pedestrian mall, which I think will be very beneficiary for the downtown Miami. Commissioner Suarez: That's interesting. Chair Gort: Roll -- it's a ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Thank you. FR.2 ORDINANCE 14-00279 First Reading District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Wifredo (Willy) Gort AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A NEW DIVISION ENTITLED "GARAGE SALES", CREATING SECTION 62-623 ENTITLED "DEFINITIONS", DEFINING GARAGE SALES; CREATING SECTION 62-624 ENTITLED "PERMIT", DEFINING THE PERMITTING PROCESS; CREATING SECTION 62-625 ENTITLED "CONDITIONS FOR ISSUANCE", DEFINING THE REQUIRED CONDITIONS WHICH MUST BE MET TO ISSUE A PERMIT; CREATING SECTION 62-626 ENTITLED "TIME OF SALE", SETTING THE TIMES IN WHICH A GARAGE SALE MAY BE HELD; CREATING 62-627 ENTITLED "DISPLAY OF MERCHANDISE", PROVIDING THE ACCEPTABLE DISPLAY OF MERCHANDISE; CREATING 62-628 ENTITLED "PROHIBITED MERCHANDISE", PROVIDING FOR TYPES OF MERCHANDISE TO BE SOLD; CREATING 62-629 ENTITLED "SIGNS", PROVIDING GUIDELINES FOR GARAGE SALE SIGNS; CREATING 62-630 ENTITLED "ENFORCEMENT", PROVIDING THAT THIS ARTICLE SHALL BE ENFORCED BY THE CODE COMPLIANCE DEPARTMENT; CONTAINING A City ofMiami Page 40 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00279 Legislation SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: FR. 2. Daniell Alfonso (City Manager): Commissioner Gort, FR.2 is the garage sales ordinance change. The new division of the Code, entitled Garage Sales, 'defining garage sales, defining the permitting process, defining the required conditions which must be met in order to issue a permit; creating a section that defines a time of sales, setting times which a garage sale may be held et cetera. Chair Gort: The reason I brought this up is the -- right now when you drive through the City of Miami, you see all kinds of garage sales taking place, and no longer is the garage sale that we used to it. If you all remember, people do spring cleaning up, but they do different clean up in their houses, and they'll find items that can be sell to somebody else that can use it. But if you look through -- at least through my neighborhoods, I've gone through andl see all kinds of sales taking place constantly, some of them became permanent retail sales, so I think we need to take control, like it was first before. I think Code Enforcement needs to work with the NET (Neighborhood Enhancement Team) office and all of us so we can take care of this. A lot of the people -- right now nobody's pulling a permit. There's a $25 fee, andl don't think there's that much money being derived from there, but that's what I'd like to see it be free and each resident can have two garage sales during the year, but they have to pull the permit. Thank you. It's open to the public. Yes, sir. Albio Castillo: My name is Albio Castillo. I live in 2235 Southwest 16th Terrace. There's a problem exist that the City ofMiami does not have a Code Enforcement code, per se, that is the 11000 you transferred over to Miami 21. Miami 21 does not have a code as we speak. My question also is this, I propose this idea: Six time a year with the permit or year-round with a $10 fee. I'd also -- this ordinance is very vague because it doesn't include collectable items in the Code as it is. You're leading into a can of worms, because then I could go and do a collectable item because it doesn't cover in the Code. Any question from the Administration? Any question from the Commissioners? Chair Gort: No. Thank you, sir. Mr. Castillo: You're welcome. Chair Gort: Appreciate it. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, a City resident since 1962; in Allapattah since 1963. But I am so glad to see they going to put some order now, 'cause I drive around there on Sundays; I know the situation is bad, but some of these people have garage sales every week, and it look like department stores, brand-new merchandise, competing with the regular business. Because people in business that complain to me, "Look, I pay all the license. We increase the license and everything and look at these people. They do everything they want and nothing happen to them. Maybe I'm glad to see, but I am glad to have to put some teeth on this implementation, whatever. If tickets to the people, if you don't do it, if you go there (UNINTELLIGIBLE), you're forbidden to have any garage sale the rest of the year or whatever it is, because otherwise, it will be business as usual. I can take you right there on 28th Street, 1273, they have garage sales there every week. A garage sale is supposed to be old items, not City ofMiami Page 41 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 brand-new items. 'Cause I get real there, all right. I take you to the Goodwill, any other place and get a tax write-off. Oh, no, not me. I don't need to do that, but my daughter takes a (UNINTELLIGIBLE) to the Goodwill and you get a write-off. No. Market value. But these people, no. With the recycle now, everything goes out. But these people, they -- and now, later on, maybe we have to take care of the food vending people. After six, you see so many restaurants around that are not -- nobody checks them like (UNINTELLIGIBLE) day. The State doesn't check them. You don't know what you eating there. And they don't pay any taxes or any license. They don't check nothing. No sales tax or nothing. Everything is the underground economy. Chair Gort: That'll be next. Mr. Cruz: Thank you. Chair Gort: Thankyou, sir. Yes, ma'am, you're recognized. Renita Holmes: Thank you. I really feel positive about that garage sales, but when you say "garage sale" to a woman or a mother or a not -for -profit advocate and you say now that I'm going to have a permit, all type of things start raising up within me, because I know that a lot of us make our monies through garage sales. And so your definition in saying that we're going to define it, I really want to be up on that, but I do believe that it is. You can actually set up a garage sale on blocks in Wynwood in Little Havana and not even be from the community, as long as you got a good table or as long as you got some of the local boys that sell marijuana in the area. So -- but, no, really, some things are a front, but then that dismisses the advantage of having garage sales, because I do believe some of the local businesses where we have a lot more slum and blight than others, that people out there are selling stuff is better than people out there stealing stuff so I don't want the good intentions to have bad consequences, so to speak, for women and for small not -for -profit organizations, like Lotus House or some of those of us who are self-supporting ministries that do that on occasion. I do have one comment left, that I have found the biggest problem with Code Enforcement -- because when you could have crack addicts have garage sales in housing units, you know, where women and children are playing, and they're selling refrigerators and running up and down the street, and I'm seeing police officers pass by them or I've already reported to Nuisance and Abatement, and then it takes a 311 call and another process to get that done, I think, internally, we need to define what it is to have a job; second, to keep people safe; and third, to really try to do this in the name of beautifying us. There needs to be some internal conversations about the process. Thankyou so much. Chair Gort: Thankyou, ma'am. Any further discussion from the public? Being none, seeing none, close the public hearings [sic]. You're recognized, Vice Chairman. Vice Chair Hardemon: So move. Chair Gort: It's been moved by Vice Chairman Hardemon. That's already been moved, right? Todd B. Hannon (City Clerk): Not yet, sir. Chair Gort: Okay, it's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Suarez: I'll second it for discussion. Chair Gort: Second by Commissioner Suarez. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. City of Miami Page 42 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: First of all, I want to thank you for your leadership on this issue. You know, I always -- I'm in favor of common sense legislation, andl think, first and foremost, what it does is it removes a fee that, you know, I don't think provides much revenue to the City ofMiami, andl think, if anything, it's kind of an obstacle, you know, andl think, just like we did with permitting for small construction projects, we want people to comply with the law. And just like what we did with the trolley system as well, when we made it a free trolley system; you want people to participate. And at the same time, I completely understand your frustration, because I feel the same frustration about the Code enforcement of these issues, because, you know, I see them everywhere. And our traffic circles are the main advertising hub for garage sales, you know, and, you know, it's unbelievable. It really is. Andl get complaints all the time about it, andl understand. You know, sometimes people want to bring people into the neighborhood and they're, you know, three or four -- you know, three or four blocks deep, you know, in andl get it, but, you know, we have to find maybe more creative and different ways to do that that doesn't impact other people. So I commend you for it. I support you. And guess that's it. Chair Gort: Thankyou. Anyone else? Okay, it's a ordinance. Victoria Mendez (City Attorney): And Mr. Chairman, ifI may, between first and second reading, we're going to tweak a definition for what is "occurrence," and we are also going to make sure in the schedule of penalties, which is 2-829, it's listing illegal garage sales, but under the Zoning Ordinance, so we're beginning to add that little paragraph that defines it under this new section correctly. Chair Gort: Thankyou. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR. 2. A roll call was taken, the result of which is stated above. Mr. Hannon: The item passes on first reading, 4-0. FR.3 ORDINANCE First Reading 13-01347 Department of AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER Procurement 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 SR.pdf 13-01347 Final Bill Analysis FR/SR.pdf 13-01347 State Statute 287.05712 FR/SR.pdf 13-01347 Legislation SR (Version 4).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 43 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo Daniell Alfonso (City Manager): Okay, RE. 3 [sic], while they get set up there, it's an ordinance of the Miami Commission to amend Chapter 18, Article 3, of the Code of the City of Miami, Florida, as amended, entitled Finance City ofMiami 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. There's a presentation that the procurement director has, if you want to indulge, or if you want to have -- ask any questions or proceed. Chair Gort: Thank you. No, let's proceed. Go ahead, sir. Pablo Velez (Director): Good afternoon, Commissioners. Pablo Velez for the Procurement Department. I had actual hard copies of the presentation that I'm going to be giving, ifI may approach and give you each a copy? Chair Gort: Yes. Go right ahead. Mr. Velez: This ordinance would create two new sections to our Procurement Code. First is 18-118 for public -private partnerships, or as we refer to as "P3s," and also Section 18-119 for unsolicited proposals. Some background information: With respect to both, these are new procurement tools that were not available to the City prior to the passing of Section 287.05712 of the Florida Statutes. Per the statute and our ordinance, the City can better address the public need for timely and cost-effective improvements and also upgrades to facilities and infrastructure, in spite of not having the sufficient funding to do so at this point in time. These new procurement tools would better equip the City to more adequately satisfy these same public needs. Before I get into what each section concerns particularly, I thought it important to first make mention of what these two new sections do not concern. First and foremost, they do not concern real property. City Code Chapter 18, Article 3, which is our City ofMiami Procurement Ordinance, specifically Section 18-782(b)(2), expressly lists the sales or lease of City -owned real property as one of the exclusions to the City's Procurement Ordinance. Concerning the same exclusion, it is City Charter Sections 30, 30, and 29(a-d), as well as City Code Chapter 18, Article 5, the sale or lease of City's real property, which expressly and specifically govern the sale or lease of City -owned real property, including but not limited to waterfront property. With respect to the P3s, the public private partnerships, they facilitate the following: First and foremost, the P3 financing mechanism allows the City, as I mentioned earlier, to move immediately forward with projects in spite of not having readily available funding necessary to do so at this time. Construction: The private entity that would be in partnership with the City would be responsible for the project's construction, its completion, its operation and/or maintenance, and not the City. And delivery: The P3 would allow the City to immediately advance the completion and delivery of its projects regardless of whether or not it had the necessary resources to do so at this particular point in time. The eligible projects: It's qualifying projects that would be eligible projects for either of these two new sections to the ordinance. Pursuant to the statute and our ordinance, eligible projects are qualifying projects which are those serving a public purpose, and they consists of the following: Facilities or infrastructure used for transit, parking, recreational, educational sporting or cultural purposes; improvements for a building utilized for a public purpose, inclusive of equipment that may be utilized at that building; water management facilities, inclusive of related projects, also Commission -designated projects. It pertains to a facility that may be owned or operated by the City. Specifically, Section 18-118, the public private partnerships: Again, as I've stated before, it's qualifying projects that are the eligible projects for this. When practicable and advantageous for the City, the City may actually consider competing plans via requests for proposals, RFPs; requests for letters of interest, RFLIs; and requests for qualifications, RFQs, that are comparable City ofMiami Page 44 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 to what's currently in City Code Section 18-86, the competitive negotiations and competitive sealed proposal section of our ordinance. Financing: When City long-term financing of a debt obligation is involved, the City's Finance Committee shall review and approve both the RFP, RFLI, or RFQ prior to its advertisement and the resultant City Manager's award recommendation thereafter the evaluation of all the responses received. With respect to Section 18-119, the unsolicited proposals, once again, it's qualifying projects that are the eligible ones. With respect to the unsolicited proposal itself that would be received, it would include sufficient detailed and information for the City to be able to evaluate the proposal in an objective and timely manner. There would be an application fee as well, which shall be submitted with the unsolicited proposal for payment of what costs the City may have in evaluating the same, and there would be a public notice. The City shall publish a public notice in the Florida Administrative Register and in a newspaper of general circulation for a minimum of 21 days and a maximum of 120 days, providing evaluation criteria that will ultimately be used for the selection. Again, financing: With respect to the unsolicited proposals as well, when City long-term financing of a debt obligation is involved, the City's Finance Committee shall review and approve the resultant City Manager's award recommendation thereafter the evaluation of the responses received. Reasonable application fee: In accord with the statute and our ordinance, the City may establish a reasonable application fee for the submission of an unsolicited proposal. Concerning the same, the required fee must be sufficient to pay the cost of evaluating the proposal. The City's application fee is 25,000 and compares with the following agencies and their respective fees for the same: The Florida Department of Transportation, FDOT, charges 50,000; Miami -Dade County charges 25,000; and Miami -Dade Expressway Authority charges 20,000. With respect to this application fee, again, the application fee accounts for the administrative costs of City personnel that would be assigned to this task, as well as private consultant costs, if such services are necessary, to assist the City with the evaluation of the proposal. Costs that would exceed the initial application fee: If the evaluation costs exceed that initial application fee, the private entity will be notified for prompt payment of the pending balance; and in like manner, a refund of unused portions, pursuant to our ordinance, the City shall refund any portion of the initial application fee paid in excess of its direct costs associated with evaluating the proposal. And at this time, that concludes my presentation. Vice Chair Hardemon: At this time I'm going to open up the hearing for public comments. So at this time, is there anyone that would like to address the Commission? Ms. Holmes. Renita Holmes: Good after lunch [sic], Commissioners. I had a good time to study it, andl want to thank you for having such an explicit explanation. I wish that was done quite often. IfI may, Commissioner, andl apologize, to reference back to -- Vice Chair Hardemon: Please announce yourself for the record. Ms. Holmes: My name is Madam Renita Holmes. I am a community activist, amongst other skills that may -- And wanted to clarify that, because I know -- and I've ask -- right before break, that was said -- you know, I mostly qualify for Overtown and Liberty City because I've lived there and that's focus, and that's where the most needs are. That's where properties and where the skills that I have and where there's less mainstream services, just like people who do or citizens who do analyze resolutions and come through or who are photojournalists and bloggers and all thatl do. Andl give myself recognition for being special, andl think I've undermined myself by just saying the name of my organization, what it says, but it is the Women's Association Alliance Against Injustice and Violence Epidemic, and it's about education, advocacy, and support. And nine times out of ten, throughout the community that I ride from up and down and -- you know, there's nobody I think that's here, you know, or any agency to tell you that it's not true, that walk my talk, but do read andl do study and I've learned, andl would like to see the children in my community. So when I'm here, let me qualf to my children that are out listening and to those that I've asked to learn how to watch these hearings, that am your activist, andl wanted to clarify that, you know. I'm an activist, okay, with skills such as paralegal, EPA City of Miami Page 45 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 (Environmental Protection Agency), because I believe you have to know data in order to make good decisions. And in regards to FR.3, there were some things that I noted. We already have Miami as the biggest real estate boomer there is. The average citizen does not do real estate. We're just beginning to qualify. And in our communities where there is a bust of properties and federal properties and that they're doing well, not all us have quiten [sic] got together, not all of us have attended the NHS (Neighborhood Housing Service). I just wanted to say there are some issues that note, and maybe to clam, what is a reasonable evaluation process, the eligibility for the financing are some considerations that I wish you ask -- I know this is the first reading -- and a public notice to viable partners? You mean partners like me who do have iPhones and the technology? But what about my senior public partners? You know, public means as."And when people say the property is owned by the City, the County, I recognize that that means as."So -- I'm sorry. Vice Chair Hardemon: I know. Our time ran over. Ms. Holmes: Yes. Vice Chair Hardemon: So I just want to make sure you -- Ms. Holmes: And guess that's what it is. Here we are expediting a process for those to access public property and we don't have the correct data. Before I began to create a trap like that that excludes me from information that I need, that opens me up to other folks, there are tons of questions that should be asked, and I've written them down. If you'd like me to give them to Clerk. But my recommendation is that -- though this is a first reading -- before you begin a second reading, that we have more clarifications on the language and talk about how much is monitored on behalf of the public ownership and stakeholders in those properties. Vice Chair Hardemon: Thank you. Ms. Holmes: Okay? Thank you. Vice Chair Hardemon: Is any other person here for public hearing? Seeing none, I'd like to close the public hearing. Is there a motion? Commissioner Sarnoff. So move. Commissioner Suarez: So move. Second. Vice Chair Hardemon: It's been properly moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Is there any discussion? Hearing no discussion, move to vote. All in favor, state it -- Todd B. Hannon (City Clerk): Excuse me. Vice Chair Hardemon: -- so by saying iiye. " Mr. Hannon: Excuse me, Vice Chair. It's an ordinance. Vice Chair Hardemon: Oh, it's a ordinance. I'm sorry. Ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.3. Commissioner Carollo? Commissioner Carollo: No on first reading. City of Miami Page 46 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.1 14-00275 Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: The ordinance passes on first reading, 4-1. Commissioner Suarez: Mr. Chair, can I just have a quick point of order? Vice Chair Hardemon: Yes, Commissioner Suarez. Commissioner Suarez: And I'm sorry; I should have said it in a brief discussion before. I just wanted to confirm with the City Attorney. I know there was one person who had some issues with it, and I'm pretty sure that you addressed that person's concern, and you sent that person a draft of the ordinance and had not heard back, correct? Ms. Mendez: Yes, correct. But the -- most of the changes that were requested by some constituents were addressed, and the second draft also had a cleaner version with regard to definitions and such, and so I did send the new version, and it's fine as of now. Commissioner Carollo: Right. Most were addressed, but not all. Ms. Mendez: Right, not all, because they're -- Commissioner Carollo: Right. Ms. Mendez: -- not warranted. All are not warranted. But the main issues that were addressed were the "whereas" clauses, the definitions, the compliance with Florida Statutes, so that was addressed. Chair Gort: Thankyou. Any further questions? Okay. Thankyou, sir. Mr. Velez: Thank you. END OF ORDINANCES - FIRST READINGS RESOLUTIONS RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING AND Commissioner REAFFIRMING ITS COMMITMENT TO MAINTAINING THE NAMES OF THE Wifredo (Willy) Gort THEATER FACILITIES LOCATED AT 900 SOUTHWEST 1ST STREET, MIAMI, City of Miami Page 47 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 FLORIDA, AS THE "MANUELARTIME COMMUNITY CENTER" AND THE "MANUELARTIME PERFORMING ARTS CENTER." 14-00275 Back -Up Documents.pdf 14-00275 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0127 Chair Gort: Do you all have -- bless you -- the time certain items that we're going to hear, and the first item that we're going to hear is RE.1. Please, Madam Attorney, I'm going to ask you to read it, because my voice today is not really -- Vice Chair Hardemon: I thought that was your late night -- Chair Gort: Yeah. Vice Chair Hardemon: -- radio, sexy voice. That's what (UNINTELLIGIBLE). Victoria Mendez (City Attorney): RE.1 is a resolution of the Miami City Commission, with attachments, authorizing the allocation of Community Development Block Grant funds for program year 2014-2015, in the projected amount of $1, 250,146 -- Chair Gort: No, no, RE.1. Commissioner Suarez: RE.1. Commissioner Sarnoff. RE.1. Ms. Mendez: Oh. I apologize. A resolution of the Miami City Commission -- RE. 1? Chair Gort: RE.1. Daniell Alfonso (City Manager): Let me try to take a quick -- RE.1 is a resolution of the Miami City Commission expressing and reaffirming its commitment to maintain the name of the theater facilities located at 900 Southwest 1st Street, Miami, Florida, as the "Manuel Artime Community Center" and the "Manuel Artime Performing Arts Center." Chair Gort: Thank you. There's a motion. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Mr. City Clerk, what happened to File ID (Identification) 14-00043? ToddB. Hannon (City Clerk): The item was continuedfrom the February 27Miami City Commission meeting. Commissioner Carollo: And if it was continued, it was supposed to be in this Commission meeting, correct? Mr. Hannon: That is correct, sir. Commissioner Carollo: Why is it not showing in our agenda? City of Miami Page 48 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Alfonso: Commissioner, I erroneously asked that the item be deferred. I wasn't aware that it had to show up on this agenda. Commissioner Carollo: Well, this is -- andl know you're been a City Manager for, what, a month now or so, more or less? Mr. Alfonso: No, sir, two weeks. Commissioner Carollo: Okay, two weeks. But you were an Acting City Manager. Mr. Alfonso: I was in the summer, yes. Commissioner Carollo: For quite a few months. I have raised issues in the past where -- and it has gotten better, in all fairness. But I have raised issues in the past where the Administration, I don't feel, listens to what this Commission does, and many times I feel, "Listen, weren't they at Commission meeting? Didn't they follow what the Commission approved and did?" We continued this item to this meeting, so I would expect that it would show up in this meeting because, Mr. City Clerk -- And by the way, what I'm seeing is the process, okay? Mr. City Clerk, is File ID number 14-0043 -- or 00043 closed out? Mr. Hannon: No, sir, but during today's discussion, when it comes to RE.1, we can bring in the continued item from February 27 as a non -agenda item and then take an action on it today. Chair Gort: Let me add a point of clarification. The reason it's not here today 'cause I pulled that item and that item's going to be heard anymore, but if you want to, we'll make a motion right after we pass that that item would ever come back to us. What this resolution does is affirms that that name is going to be maintained and it's never going to change. Commissioner Carollo: Understood, Commissioner Gort. And listen, I don't necessarily disagree with affirming the name Manuel Artime. What I disagree with, the process, how it was done; how something show up in the agenda; this Commission took a vote on how we were going to proceed, and it does not show up in this agenda item, but yet, another item shows up where we had no discussion, and the district Commissioner didn't even have a chance to speak or, you know, debate or discuss; and that item, it has been removed. It has not been closed out, so it should have shown up in this agenda item, because in all fairness, we really don't need to pass RE.1. All we have to do is listen to the original agenda item and amend it to say exactly what RE. 1 says, but we've never gotten that opportunity, even though this Commission voted to continue the item to this meeting, andl feel the process is incorrect. I feel, you know, in moving forward, I think we need to follow our own rules, and the Administration needs to listen to what this Commission determines and dictates it should proceed, and we've been within our rules. So I don't really think that RE.1 is necessary if we just would have gone through the normal procedures; would have brought back that item; we would have discussed it; voted it up or down or amend it to say exactly what RE. 1 says, you know. I do agree that we should make a commitment to maintain the name Manuel Artime, so that's not the issue. I think most of you -- actually, I'm the one who reached out to most ofyou, as you very well know, and I'm solid with my position on this. However, you can't just make an item disappear, an agenda item disappear, you know, especially when this Commission says that we want to listen to it in this meeting, so I disagree with that process. Chair Gort: Let me -- Commissioner Carollo, I will apologize; it's my fault. As the Chairman of the Commission, I took the duty. I received a lot of calls not only for people in the brigade, but I also received a lot of calls from the family itself saying that they don't want to see any changes taking place, and that's why I asked to be removed, andl apologize. And because of the sunshine law, I could not tell you what my intention was, so that's the reason why. It's not the City of Miami Page 49 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Administration; it's my fault, so I apologize to you for the way it was done, but that's -- unfortunately, I received a lot of phone calls. My understanding, the family, they're very upset about this whole thing, and that's the reason I took this action. So my apologies. Commissioner Carollo: Mr. Chairman. Maurice Ferre: Mr. Chairman. Commissioner Carollo: No. And Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Carollo: Andl understand. And, listen, we deal with a lot of issues that are very passionate to all of us. I mean, I also received the phone calls. I reached out to, you know, the brigade and very members -- various members and just to see -- to really vet it out, so I understand. Look, we're passionate about some of these issues, I understand. But, you know, I just want to make sure that the process is followed correctly. And, listen, you know I don't have a problem discussing. As a matter of fact, we really are in the same page. Chair Gort: Correct. Commissioner Carollo: So it's not like we're in disagreement. We're on the same page. It's just I'd rather follow the process correctly and then, you know, we vote it up or down after -- Chair Gort: Right. Later... Chair Gort: Okay, the maker of the motion. Commissioner Carollo: I make a motion to maintain the name of the Manuel Artime Performing Arts Center. Commissioner Suarez: Second for discussion. Chair Gort: It's been moved and second. Discussion. Commissioner Suarez: Thank you, Mr. Chair. I also respect the mayor and his request, andl feel like I have a long-standing and good relationship with him. You know, first of all, to talk about the procedure, 'cause I really want to touch on that just very briefly. When we have resolutions of this type -- andl think -- I hope that the Commissioner agrees with me. Whoever puts this on the agenda should put their name on it. I don't know who was the original person who put it on the agenda, but whoever does should put their name on it and -- go ahead. Commissioner Carollo: And by the way, the original, if my memory serves me right, was the Public Facilities Department. Commissioner Suarez: Yeah. Commissioner Carollo: Now, we all know that sometimes the Public Facilities Department -- Commissioner Suarez: Right. Commissioner Carollo: -- puts their name or a department puts their name, but there's someone behind it, but -- City of Miami Page 50 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: Yeah. I sincerely doubt that the Public Facilities director had the idea of doing this, but -- Commissioner Carollo: My issue is -- Commissioner Suarez: Right. Commissioner Carollo: -- that it was placed there. I want to see it come back the way it is, the way this Commission wanted it so that we can debate, we could discuss it, vote it up or down, make amendments to it, but it shouldn't just disappear when I'm expecting it to come in this agenda, and then it comes in a different version. Now, I may agree with the different version, but the bottom line is this sets precedence -- Commissioner Suarez: No, I -- Commissioner Carollo: -- of other future dealings that I don't think we should deal that way. Commissioner Suarez: I agree a hundred percent on the procedure, and) think the Chair has already addressed that issue, and) agree. You know, I have a -- and) don't know the dynamics of naming a hall. I don't know what the criteria is for doing so, but I have a facility in my district that has a very bland name and can use a name facelift, which is the Miami -Dade County Auditorium, and it's a very well -- actually, I've gone to several plays there and operas there with Pablo Perez -Cisneros, who's a member of the brigade and his family and his wife, as I grew up. Andl think that hall certainly deserves a name facelift. Andl think the secondary issue -- and this is something) had been wanting to discuss with the mayor for some time now is -- I think it's indisputable that Chopin has had a very profound effect on music, you know, throughout the history of the world, but you know, when we name our public buildings, which we have very few of I personally prefer to name them after people who have made a tremendous contribution to this community, and my personal preference will be to name it after you, Mr. Mayor, than to name it after a composer who is a great composer, but didn't compose his art specifically for the residents of the City ofMiami. I think you've dedicated your life to the citizens of the City of Miami so, you know, that's something maybe for another day. But think something that we should really think about as a body is when we name our parks, when we name our facilities -- and I'm pointing all the way over there, because there's one coming up soon that already has supposedly a name, but we may want to think about that, you know. Andl think we have elected officials who constitute -- and in the case of the mayor, was a 12 year mayor. I don't know that any other mayor has served longer than the mayor has as mayor ofMiami, and deserves a recognition, you know. So, you know, I support, you know, the Commissioner's motion wholeheartedly. I think the members of the brigade, who also have made a tremendous sacrifice not only for Cuba but for this country to set the example of how we as third -generation Americans should behave and how much love we should have for our country and always reminding us of the battles that they had to fight to be here and to try to preserve the idea that is Cuba. I just -- you know, I want to express my solidarity with Commissioner Carollo, and) hope with the remaining members of the Commission, that we support, you know, your efforts not only in maintaining the name, which is one small component of your mission, and your mission is really, you know, to remind us of the Bay of Pigs invasion, to remind us of the sacrifices that were made, the lives that were lost in the hope of having a free Cuba, and) think that's a lesson that we can never forget. Thank you. Chair Gort: Thank you. Applause. Chair Gort: Excuse me. Let me tell you, the mayor walked away, but there's also an opportunity City ofMiami Page 51 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 with Gusman Hall. That's -- that could fit in there very much. And at this time, I just want to say that the mayor, like you stated before, is one of the persons that really helped this community come to where it is today. A lot of these things you seeing built today was his doing, his working, and his vision for the City ofMiami, so it's not disrespect for the mayor, but it's things that we need to do in here, okay. Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Do you want to make a motion on the other one? Mr. Hannon: It's not necessary, Chair. We can just show the item as discussed. Chair Gort: Okay. Mr. Hannon: It'll close the item out and we'll be good to go. Chair Gort: Thankyou. Thankyou all. Commissioner Carollo: Could it be referenced to this --? Mr. Hannon: Yes, sir, we will reference it in the minutes, yes, sir. Commissioner Carollo: Thank you. RE.2 RESOLUTION 14-00171 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $20,000.00, FOR THE DESIGN AND PERMITTING OF THE BAYWALK, BOAT HOIST AND FLOATING DOCKS AT REGATTA PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $20,000.00, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30182AAWARD 1669; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2014-2015. 14-00171 Summary Form.pdf 14-00171 Back -Up from Law Dept.pdf 14-00171 Legislation.pdf 14-00171 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Hardemon Absent: 2 - Commissioner(s) Gort and Suarez City ofMiami Page 52 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.3 14-00183 Wynwood Business Improvement District (BID) Board R-14-0119 Daniel J. Alfonso (City Manager): Can we get back to the RE.3 -- I mean, RE.2 would be the next one, so. Lillian Blondet: Good afternoon. Lillian Blondet, Office of Grants Administration. RE.2 is a resolution regarding an application for a grant to the Florida Inland Navigation District for a project in the waterways, which is what they fund through this program. So RE.2 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District Waterways Assistance Program, in an amount not to exceed $20, 000, for the design and permitting of the bay walk boat hoist and floating docks at Regatta Park; authorizing the allocation of the required matching funds for 50 percent of the project cost, in an amount not to exceed $20, 000, available under Capital Improvement Project B-30182A Award 1669; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements and amendments, modifications, and extensions and the acceptance of grant funds in the event of the award of the grant for fiscal year 2014-15. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded that we approve this document. Is there any --? Well, first of all, is there a public --? Anyone from the public that'd like to make a comment? Seeing none, I'm going to close the public hearing. Is there any discussion from the dais? Seeing none, all in favor, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Motion passes. Commissioner Carollo: And I'm sorry, Mr. Chairman. Vice Chair Hardemon: Yes. Commissioner Carollo: The only -- andl guess it's not a discussion. I just would like City Administration to brief me a little bit more on Regatta Park. What's going on? I know there was some -- I don't know if they're town hall meetings or not. I saw some of it, but I don't know the whole plan, so if you could just brief me when you have a chance on Regatta Park. Mr. Alfonso: Not a problem. We'll have staff schedule something with you, sir. Commissioner Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARDS SELECTION OF THOMAS CURITORE AS EXECUTIVE DIRECTOR OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT, EFFECTIVE FEBRUARY 1, 2014. 14-00183 Memo - Wynwood BID.pdf 14-00183 Pre-Legislation.pdf 14-00183 Legislation.pdf City of Miami Page 53 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0129 Chair Gort: Okay, it's 12 o' clock. We're going to hear the request for RE.3, which is a very short item. RE.3. Commissioner Sarnoff. Who's the presenter? Albert Garcia: I'll be presenting. Albert Garcia, 360 Northwest 26th Street, in Wynwood, speaking as the vice chairman of the Wynwood Business Improvement District. This is the resolution item ratifying, approving, and confirming our board selection of Thomas Curitore as our executive director of the Wynwood BID (Business Improvement District), effective February 1. As many of you know, following the creation of the BID late last year, one of our top priorities was to find a leader for the BID, so we launched a nationwide search. We had hundreds of applications; yet, I can say that when we found Tom, we knew we found our guy. Before I introduce Tom, I just briefly want to say a few words about our BID project director, David Collins. As all of you know, David played a pivotal role in the efforts leading up to the formation of the BID, and we're very grateful for his many contributions as he continues to support us and other communities seeking future BIDS in our great city. So here he is, Tom Curitore. Chair Gort: Okay. Yes, sir. Thomas Curitore: Thank you. I'd like to thank everyone here today. It's really fun to be here. I'm here from New York. Wynwood's a very exciting place. There's so much energy there. My day starts at walking around the district. Actually, I'm a hands-on guy; I roll my sleeves up andl really look forward to working with everyone as we move forward. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Thank you. Yes, sir. Commissioner Suarez: I'd like to interrogate him, because I want to make sure that he's going to be cheering for Miami teams, now that he's moved from the -- Mr. Curitore: Heats, Dolphins, Marlins. Commissioner Suarez: There you go. All right, so far so good; you got 75 percent of them. No, I'm just kidding. Look, we welcome you here to Miami. We thank you for doing what everybody's doing, which is coming to the -- Miami, the place to be. So, you know, we certainly support the BID's decision, and wish you well. I wish we had a BID in Coral Way, and that's something that I'm going to start working on, you know, in the next few weeks and months, because I think it's something extremely beneficial, and it allows the business owners to take back control, which is the most important thing of their business corridor. Mr. Curitore: Thank you. Chair Gort: Okay, thank you. Any -- I need a motion. Commissioner Sarnoff. So moved, Mr. Chair. City of Miami Page 54 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.4 14-00193 Wynwood Business Improvement District (BID) Board Vice Chair Hardemon: Second. Chair Gort: It's been moved by Commissioner Sarnoff. Second -- Vice Chair Hardemon: Second. Chair Gort: -- by Vice Chairman Hardemon. Vice Chair Hardemon: And Mr. Chairman, I will say thatl look forward to what the BID is doing, especially liking its traditional sense, where you have a group of business owners that come together that want to make changes directly to their area, and agree to some sort of tax to make those things happen so they have better control in that general area. So I look forward to your leadership in what you provide to the BID. We will be watching closely because, of course, it affects all of us. So thank you very much for accepting this challenge, this responsibility. Mr. Curitore: Thank you, sir. I look forward to you coming to the district and we'll walk around and you could feel the energy with me. Vice Chair Hardemon: And one of the things -- now, the thing about this that people don't -- I love when people say that, because I live very close to the district, so I'm there. And sometimes people don't -- you know, you -- sometimes people expect the phone call to say, !ley, the Commissioner's in the district, 'but the Commissioner is there having a drink, the Commissioner is there having a meal, so I'll get a chance to really see what the district is doing without the big shots guiding me around, so I'm there, and then I will also take a tour with you, though. I will walk -- Mr. Curitore: Good. Look forward to it. Everyday there's new businesses growing there and we looking to continue. Thankyou. Vice Chair Hardemon: Thank you. Chair Gort: Thankyou. 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), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"), TO PROVIDE FOR THE OPERATIONS AND MAINTENANCE OF THE BID, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. 14-00193 Memo - Wynwood BID.pdf 14-00193 Pre-Legislation.pdf 14-00193 Legislation.pdf 14-00193 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0130 City of Miami Page 55 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: What time you guys would like to come back? Daniel 1 Alfonso (City Manager): Commissioners, RE.4 is also their budget; you might want to knock that out as well so that he doesn't have to -- Chair Gort: RE.4 (UNINTET,TIGIBLE). Vice Chair Hardemon: And Commissioner, I would -- Mr. Chairman, if I may? Chair Gort: Yes, sir. Vice Chair Hardemon: I would say, within RE.4, I was a bit confused as to -- not RE.4. Yes. I was confused as to how the budget was set forth, so can you just explain to me a little bit of how this budget is, because it has the full 113, revised 10/30/13, revised 11/13/13, but I wasn't sure because the numbers -- I don't know if the numbers are growing, if those are aggregate numbers, or if you've changed the budget as of that date to reflect what it is here. David Polinsky: My name is David Polinsky, 1040 Biscayne Boulevard, treasurer of the Wynwood Business Improvement District. To answer your question, Commissioner, the 4/1/13 budget was the preliminary budget that was put together prior to the BID (Business Improvement District) formation. We were formed in the beginning of October. The board was staffed. We made certain modifications based on projections for revenue and small shifts in priorities, so the most recent column, the far right column obviously is the most recent set of numbers. We've had to put a haircut on the projected budget based on the pace of collections, as well as discounts for early pays and allowances for late pays or no pays. So we're standing, as of today, with roughly two-thirds of our projected dollars in hand. We're hoping we'll have a big plug coming in, since next week is the March 31 deadline for the grace period. So we're hoping that we'll see a bunch of additional checks coming in next week. But this is -- the right-hand column is the latest set of numbers. Vice Chair Hardemon: All right. Well, so moved. Chair Gort: Okay, it's been moved by Vice Chairman Hardemon. Commissioner Suarez: Second. Chair Gort: Is there second? Second by Commissioner Suarez. Commissioner Sarnoff. You -- couldl ask a question? Chair Gort: Yes, ma'am, you're recognized. Commissioner Sarnoff. Commissioner Sarnoff. This is going to be your last year for not being on the tax rolls, right? Mr. Curitore: That's right. Commissioner Sarnoff. You have to go through one more year of -- Mr. Curitore: Unfortunately. Commissioner Sarnoff. -- people actually mailing checks. Mr. Curitore: Unfortunately, the Commission approved last meeting -- Commissioner Sarnoff. Right. City of Miami Page 56 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Curitore: But we're in discretionary period in the County and the County rejected us, so now we have to reapply again for the next -- this year we still have to collect assessments, you know, mailing on our own, and next year, hopefully, the County'll accept us to get on the trim. Commissioner Sarnoff. Let me ask the Manager. What did we do wrong? Victoria Mendez (City Attorney): We did not do anything wrong. This had to do with indemnity provisions. Remember the indemnity issue that came up? And the County has not been able to agree with us on those indemnity -- indemnifications, so we might need your muscle to talk to the County to -- Commissioner Sarnoff. The muscle here for the County is sitting at the very end over there. Ms. Mendez: I say the collective muscles. Commissioner Sarnoff. We call him "Guido." Commissioner Suarez: Listen, there's two items on this agenda that are coming from District 7 in the County that are inuring (UNINTELLIGIBLE). Mr. Alfonso: Commissioners, I think -- I spoke to the property appraiser, and he was in a discretionary period. If we meet all the deadlines for next year and not be in the discretionary period, we think we'll get it approved. Commissioner Sarnoff. Okay, that's all wanted to hear. Chair Gort: Thankyou. Yes, ma'am. Renita Holmes: Yes, sir. In the interest and foresight of the new movement of business districts, which en -- I guess you say encompass Overtown and the public housing units, I'm representing women and mothers, and being the first business in public housing, still not feeling like I'm getting recognition of competent; moving myself into that business status and out of that stigma of women in public housing or families in public housing not doing business, whether it's a garage sale or not. I want to make a special reach out at this moment and at this item to the WynwoodBusiness District, because I've got kids over there andl have a new overall tenant association council that we've organized that have some wishes, women who have the ability to run hair salons. Andl want you to know that my mother raised ten kids before we moved to Liberty City over in Overtown, and she worked in the ceramics outlet that was right there on 23rd Street 3rdAvenue, and that I have kids looking out from public housing right across that little boundary sidewalk at the film industry, who we've given cameras to to take pictures. That's why I'm big in the storytelling and working with Urgent, Inc. and them over there. Andl believe in maximizing on resources, particularly public resources, and a soccer team, 'cause I've got great little boys who do more than play basketball and who would rather try something new, because the basketball courts are inundated with other types of activities. So I'm reaching out to you from the heart of the mothers and the small business owners and the women leaders and the overall tenant association council that we set a meeting right away. Because to my understanding that anything that receives public funds, not just State funds, has a little bit of interest in public land. That's the legal part. But as good business owners, I know you want to form some type of safety and healthy relationship with the tenant council there so that we can have all the community stakeholders come together, and again, I'd like to thank NHS (Neighborhood Housing Services), because it helps you to identf who in those leaderships attached to the next one. Thankyou. Chair Gort: Thankyou. City of Miami Page 57 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Ms. Holmes: And I'll come over there. I'm coming right now, as a matter of fact. Chair Gort: You're recognized. Vice Chair Hardemon: And Ms. Holmes -- you don't need to respond, but you've probably stated -- every time I turn around, you're from a new place. I don't know where you live, where your mother lives, sister, cousin. I don't -- every time someone states an area, you're from that area, and I'm steady looking; where are you from? But see you in Overtown, so I -- Ms. Holmes: I'm registered with the Clerk, though. Vice Chair Hardemon: Thank you so very much. Ms. Holmes: But thank you, sir. Chair Gort: Come back at 3. Vice Chair Hardemon: (UNINTELLIGIBLE) vote. Chair Gort: We have to vote on this, right. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Come back at 3. Commissioner Sarnoff. Three o'clock, okay. RE.5 RESOLUTION 14-00134 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF $1,529,000.00, Program FROM MIAMI-DADE COUNTY, FOR THE CONSTRUCTION OF THE COCONUT GROVE SIDEWALK IMPROVEMENTS PROJECT, B-30687; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00134 Summary Form.pdf 14-00134 Legislation.pdf 14-00134 Exhibit - JPA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Hardemon Absent: 2 - Commissioner(s) Gort and Suarez R-14-0131 Vice Chair Hardemon: Moving on to RE.5 Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.5 is a grant from Miami -Dade County and to execute a JPA (Joint Participation Agreement) with them in an amount of 1.5 million and change. This is for the Coconut Grove Sidewalk Improvement Project; it's a District 2 project. City of Miami Page 58 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.6 14-00184 Department of Capital Improvements Program Commissioner Sarnoff. So move. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved by Commissioner Sarnoff, seconded by Commissioner Carollo. Is there any person from the public that'd like to discuss this? Seeing none, any discussionfrom the dais? Seeing none, all in favor, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR MOORE PARK, DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER FACILITIES AND ALL APPURTENANCES THERETO, WITH FULL RIGHT TO INGRESS THERETO AND EGRESS THEREFROM ON THE PROPERTY. 14-00184 Summary Form.pdf 14-00184 Legislation.pdf 14-00184 ExhibitA.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-14-0132 Vice Chair Hardemon: Moving on to RE.6. Mark Spanioli (Director, Capital Improvements & Transportation): Good afternoon again, Commissioners. RE.6 is a water and sewer easement for Moore Park. This would allow us to put -- to bring in our water and sewer utilities and meter for the park. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved by Commissioner Sarnoff, seconded by Commissioner Carollo. Any person here from the public that'd like to discuss this? Seeing none, any discussionfrom the dais? Seeing none, all in favor, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: All against? City of Miami Page 59 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Spanioli: Thank you. Vice Chair Hardemon: Motion passes. RE.7 RESOLUTION 14-00212 City Manager's Office ITEM TO BE DEFERRED BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ADDITIONALATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF $133,019.42, FOR THE CONTINUED ENGAGEMENT OF THOMAS SCOTT, ESQ., OF THE LAW FIRM OF COLE, SCOTT & KISSANE, FOR REPRESENTATION OF THE CITY OF MIAMI, IN THE MODIFICATION PROCEEDINGS BROUGHT IN THE CASE OF MICHAEL POTTINGER, ET AL. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO.: 88-2406-CIV-MORENO, WITH SAID FUNDS ALLOCATED FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00212 Summary Form.pdf 14-00212 Pre-Legislation.pdf 14-00212 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 RE.7 was continued to April 24, 2014 Planning and Zoning Commission Meeting. RE.8 RESOLUTION 14-00283 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS FEES AND COSTS IN AN AMOUNT NOT TO EXCEED $7,500.00 FOR THE ENGAGEMENT OF JORGE SANCHEZ-GALARRAGAAS OUTSIDE CONFLICT COUNSEL, FOR THE REPRESENTATION OF THE CITY OF MIAMI BUILDING DEPARTMENT AND STAFF, ON LEGAL MATTERS IN CONNECTION WITH INJUNCTIONS AND APPEALS FILED BY THE OWNERS OF UNSAFE STRUCTURES UNDER THE APPLICABLE PROVISIONS OF THE BUILDING CODE AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO BUILDING/DEMOLITON MATTERS; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00283 Memo - Office of the City Attorney. pdf 14-00283 Legislation.pdf Motion by Chair Gort, seconded by Commissioner Sarnoff, 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-14-0133 City of Miami Page 60 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Moving on now to RE. 8. Victoria Mendez (City Attorney): Commissioners, this has to do with a few injunctions that the City Attorney's Office has as a result of bringing these cases to the Unsafe Structures Board. It is approximately about seven injunctions that we 're handling, and it is outsourcing the engagement of Jorge Sanchez-Galarraga to take these seven cases for no more than $7, 500 total. Most of these cases might be resolved with agreements, our standard agreements with regard to pulling permits and such, and if they don't come into compliance, then the City Attorney's Office can speak with the Building Department in order to proceed to injunction -- to demolition with no further injunction. Also, this could also just be having an injunction hearing, depending on the case. So that is the gamut. Unfortunately, at the time that the new Unsafe Structures Case -- Panel was done, the new Code revisions, the City Attorney's Office was listed as counsel to the board, and the Unsafe Structures Department was bringing the cases before the board, and the City Attorney's Office could not act as the counsel to the board and to the Unsafe Structures Division because it would be a conflict. And for this we -- ever since then, we have amended the Unsafe Structures section of the Code in Chapter 10 in order to provide an independent counsel to the board so this won't happen again in the future. But we need to remedy these properties. Chair Gort: Mr. Chairman. Vice Chair Hardemon: Yes, sir. Chair Gort: Let me ask you a question. My understanding is the injunction was done to stop demolition, but they still have to comply with the Building Department requirements, because I don't want this to be a stalling tactic by these individuals, property owners, because I have three within my district that the Building Department's been working with them for years, and they have not performed any of the requirements that they have asked for. So I want to make sure it's two different things. Ms. Mendez: Yes, I will make sure that these -- in particular, the ones that are in any of your districts, I'll advise you of the status; however, I usually know which are the unsafe structures that have given your districts the most problems and we're usually in good contact, but I will confirm that if they -- it will not be a stall tactic. Chair Gort: We stopped the demolition, but they got to comply with the Building Department. Ms. Mendez: Yes. Chair Gort: Thank you. Ms. Mendez: Thank you. Vice Chair Hardemon: Any public hearing? Any public comment? Seeing none, is there a motion? Chair Gort: Move it. Commissioner Sarnoff. Second. Vice Chair Hardemon: It's been properly moved by Mr. Chairman and seconded by Commissioner Sarnoff. Is there any discussion? Seeing none, all in favor, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. City of Miami Page 61 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.9 14-00235 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT TO David Sarnoff BE KNOWN AS THE FLAGLER STREET SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FORA PERIOD OF ONE (1) YEAR PURSUANT CHAPTER 170, FLORIDA STATUTES (2013); PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES. 14-00235 DDA Resolution.pdf 14-00235 Legislation.pdf 14-00235 Exhibit A. pdf 14-00235 Exhibit B.pdf 14-00235 Exhibit B-1.pdf 14-00235 Exhibit C.pdf 14-00235 Exhibit D.pdf 14-00235-Downtown Development Authority-Flagler Streetscape Presentation. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0114 Chair Gort: Time certain, DDA (Downtown Development Authority). Commissioner Sarnoff. Which one is this one? This is RE (Resolution) -- Daniel J. Alfonso (City Manager): This is RE.9 and 10, Commissioner. Commissioner Sarnoff. Thank you. You just -- you're my best assistant right now. Okay. Thank you, Mr. Chair. So the first is a resolution of the City ofMiami Commission concerning a special assessment district with regard to Flagler. What the envisionment of Flagler is is a entire redo of the street; not a coat of paint, but taking it down to what it needs to be done, which is, as you -- if you all don't know this, there are a great many, as I call it, basements or access facilities in Flagler that need to be taken care of along with the necessary redo of a number of the utilities. So the envisionment is, Mr. Chair, that the City would put in $6 million, the County would put in $6 million, and the owners would assess themselves about $1 million, and that would get us to about a $13 million of what isI think presently about a $15 million plan. Andl think we have a short presentation to show of what it's going to look like. And if you wouldn't mind, Mr. Betancourt. Javier Betancourt: Okay, heard the word ghort,'andI'll try to keep us to that. For the record, Javier Betancourt, Miami Downtown Authority, deputy director, at 200 South Biscayne Boulevard. With me today is Alyce Robertson, our executive director; Jose Goyanes, board City ofMiami Page 62 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 member; and Bryan Alonso, who's a property owner on Flagler Street and also co-chair of our Flagler Street Task Force. So we're here today because we want Flagler Street to reclaim its proud and distinctive heritage as the City of Miami's iconic main street, a vibrant, walkable, and historic shopping district. Andl think, Commissioner Gort, you alluded to this history earlier in the meeting. Just a very quick overview of the process that led to today, the revitalization or redevelopment of Flagler Street was a key item in our downtown master plan adopted in 2009. As a result of that, we created the Flagler Street TaskForce. It includes all the major stakeholders on the street, including key property and business owners. It was chaired at first by the late Tony Alonso; currently chaired by his son, Bryan Alonso, and Neisen Kasdin. The Task Force quickly came to a consensus that a complete reconstruction of this street was needed. The City of Miami's CIP (Capital Improvements Program) then hired BCC Engineering and Curtis Rogers to design the project with the Task Force acting as the project's steering committee throughout the design process, and we definitely want to thank the City, particularly CIP director, Marc Spanioli, and his team for guiding us this far. Once the design was drafted, we held a public open house in October at the Olympia Theater, with notice delivered to every single business and property owner on Flagler Street to come, see the draft plan, provide input. There was, as a result of that open house, a very strong consensus in favor of the project and design as presented. The DDA Board then approved the design in December, and we've been working since then to piece together the funding for construction. So the goal of the TaskForce in this redesign was to provide for wide sidewalks that are clean, safe, uncluttered, and shaded; to provide room for sidewalk cafes; to provide parking base for commercial loading and delivery, as well as centralized valet parking service to replace the loss of parking; and to design it for regularly occurring street festivals and events, which we would like to see more of on Flagler. The design and -- the inspiration, of course, was the street's namesake, Henry M. Flagler, who brought his railroad to Miami in 1896. He really put Miami on the map, attracting many more residents and visitors through his landmark hotel, the Royal Palm, which, of course, is the subject of renewed interest as a result of recent archeological discoveries. It's also interesting that the FECI's (Florida East Coast Industries) All Aboard Florida project is reintroducing passenger rail service along the very railroad that Flagler built over a hundred years ago, and All Aboard is going to terminate one block from Flagler Street. So our objective, really, is to create a great street, which we believe downtown Miami deserves. Great streets should help make a community, by facilitating interaction, be safe and comfortable, by providing shade and amenities; be memorable by using iconic elements and branding to create a sense of place. The characteristics of great streets: They're normally wide for walking and dining, they're organized to make clear delineation of uses, and it offers a neutral color pallet and patterns that can change with the times. This provides a very -- kind of basic overview of the concept. As you could see, we're maintaining the street as a two-way street. We are introducing the centralized valet bays at certain parks on the block. We have the wider sidewalks which are broken into the amenity zone where you try and find your street furniture and plantings, your walking zone, which would be wider than you find it today, and then the dining zone. Here's a plan view of the design. You could see the wider sidewalks. You could see on the bottom where the valet zones kind of get into that wider sidewalk. We have the shade trees. We have our dining opportunities, and we have mid -block crossings. A closer look at the design, you'll see that the design is made from readily available materials that's essentially exposed aggregate concrete, which is cheap, it's easier to maintain, it's easier to replace, all things we very much wanted in this project. The pattern itself echoes a repetitive bands of the railroad ties but have been placed in pairs which have variable spacing. There's an actual steel rail embedded flush with the sidewalk. You'll see that where it divides the walking zone from the amenity zone. We think that's kind of a neat thematic addition to the design. Andl thinkl already mentioned the color of the concrete, which is easy to install and easy to maintain. The tree that was selected for the street is the Live Oak for -- you know, we went through, it must have been, two dozen different types of trees to pick, I think, the right one for this street. The Live Oak has many advantages over many other shade trees that work well with the street. The site furnishings are very consistent with -- I think if you see the light posts that are on the street today, it's kind of the older antique -looking street furniture. We already have those garbage cans. We already have City of Miami Page 63 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 those light poles. So the rest of the furnishings will be consistent with that. Again, really placing an emphasis on mid -block crossing to make connectivity and walkability easier and more inviting, here you see a rendering of that mid -block crossing with some colorful landscaping. We also want to reintroduce the -- what we call the .Icramble,'ivhich is the ability to cross diagonally on the street. You see this a lot in places like New York and other major urban centers. Since you won't only have the ability to go north, south, east, west; you'd actually be able to cross diagonally on the street, and it's something Flagler Street used to have and we'd like to reintroduce that. One neat concept is in order to allow for the closure of the street on a regular basis for festivals, you know, to allow the sidewalk cafes to spill out onto the street on occasion, we've introduced these crossing gates at the intersections, which, of course, tie into the railroad theme. You'd be able to leave them vertical when the street was open, thereby acting as a -- kind of an iconic element, and then bring it down and close it to allow for the street closures. And of course, you know, we'd have a picture of Henry Flagler himself to remind folks who he was and what the street is all about. Here again is a rendering of that scramble intersection with perhaps, you know, a farmer's market or a festival and that crossing gate allowing that activity to happen. In terms of a funding strategy, I think the Commissioner already alluded to this. The estimated cost, we're still pre -bid, so those aren't nailed down yet, but we're estimating about 10 to 13 million, potentially up to 15 million. The revenue sources at this point are six million from the City. We're looking at the County to provide up to another six million that would be reimbursable, and that item is making its way through the County now. And then, of course, the reason we're here today is that $1 million assessment to the property owners along the street. That was actually an idea proposed by one of the property owners on the Task Force, and they wanted to provide skin in the game in order to leverage those County funds. So in conclusion, we're turning Flagler into a great street. We're replacing the on -street parking with valet parking and loading zones; widening the sidewalk, allowing for program zones for amenities, walking, parking, and dining; providing quality large shade trees, planted with the most current practices in technology; and we're offering a complete redesign of the street drainage, which would fix the current issues, including the inverted sidewalks that make for interesting sidewalk cafes at the moment. We're providing a sidewalk that's made from readily available and affordable materials arranged in the pattern that allows for less noticeable repairs when required, and we're offering a unique and iconic crossing gates to close sections of the street for regular street fair and events. And finally, we're offering opportunities to educate visitors of the streets and its namesake's rich history. I'll leave you again with our vision when we began this process, and that concludes my presentation. Thank you. Chair Gort: Thank you. I have a request from Mr. Brian Alonso. Brian Alonso: Thank you. My name is Brian Alonso. I'm with La Epoca, a department store in downtown. We're coming up on our 50th anniversary in downtown. We're also the owners of the historic Walgreens building. As Javier said, this committee was started by my father three years ago, and after he passed away, Neisen Kasdin asked me to co-chair the committee with him, and Neisen's been a huge, huge help to us. When the committee looked at it to revitalize the street, one of the primary things we looked at in order to revitalize it is to redo the streetscape, which is what your -- you saw on the slides. And going back to Neisen, it's been great because his advice -- he's done this twice before, and those two streets were Ocean Drive and Lincoln Road, and we know the impact that those streetscapes had in that neighborhood, and so I'm very excited for this project. And as a property owner on the street, I encourage you to support the assessment of ourselves to contribute towards this project. Thankyou very much. Chair Gort: Thankyou. Anyone else? Anyone else in the public? Seeing none -- Commissioner Sarnoff. Mr. Chair, I'd like to move RE.9. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? City of Miami Page 64 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Betancourt: Commissioner, I believe there's one small amendment to the resolution that I've been asked to read into the record. May I do that now? Chair Gort: Sure, go ahead. Mr. Betancourt: So, whereas property owned and occupied by the City or other governmental entities are exempt from the assessment. Vice Chair Hardemon: Read it again, please. Mr. Betancourt: Whereas property owned or occupied by the City or other governmental entities are exempt from the assessment. Victoria Mendez (City Attorney): And we'll be placing this {4hereas7n RE.9 and 10, correct? Chair Gort: Yes, sir. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street, Allapattah, 33142. You know, I live in Miami since '63 -- '62, andl remember downtown Flagler, used to -- two ways and one way (UNINTELLIGIBLE), Burdine's, McCrory's, everything, the Walgreens, everything; the store that used to close Monday and -- you remember that. The (UNINTELLIGIBLE), all those places the people -- and people were living at the hotels there, the little hotels. Then zoning came and changed everything. But you got to have people living downtown. Now I see a little people living downtown. But you remember the Royal Palm, the Robert Clay, all the hotels, the Granada; the people were living there, and they were walking to the restaurant at DuPont Plaza, everything. Maybe we can go back to those days, because they -- the big cities of the world, the important cities, like Paris, London are walking cities, the people live there. Even Havana, we used to have business in Havana, in the mountain; the business were downstairs and upstairs, the people were living right there in the business. The people were walking from upstairs, downstairs and spending the money right there. Maybe we can go back to downtown the way. That's a good idea. Thank you. Chair Gort: Thank you, sir. Any discussion? Ordinance. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: What's the financial impact of that amendment? Mr. Alfonso: To the City ofMiami? Commissioner Carollo: No, not to the City. You're going to do the assessment in order to raise sufficient fundings [sic] for (UNINTET,TIGIBT,F). Mr. Alfonso: You're talking about they're raising a million dollars. How many linear feet does the Olympia have, which I think is the only government -- Commissioner Carollo: Well, I'm not sure, 'cause it said any -- Mr. Alfonso: Governmental entity. Commissioner Carollo: Right. So is Olympia the only governmental entity? I'm not sure. Mr. Alfonso: And the courthouse, which is the Dade County -- City ofMiami Page 65 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: So that's why I'm asking what is the financial impact? Andl have a follow up question after that. Mr. Betancourt: IfI may clarify, the plan all along was not to charge governmental entities, so all of the methodology was based on not including them. It just was not included as a "whereas" clause. I think it was a clerical error. So we just wanted to clam that. But, you know, the analysis shows that for every linear foot of property, you have your -- being charged $237.81, so you multiply that number by however much linear footage you have on Flagler, and that's your assessment. It ranges, generally speaking, between 5,000 for a smaller property to 50, 000 for a larger property, and, you know, we have the details for every specific property, if you're interested. Commissioner Carollo: Yeah. I saw some of the details. It's very small, so I can't really tell where -- how many residents are actually there; not necessarily businesses, but actual residents, actually people living in their homes or condo? Andl know there's, I think, eight pages of -- Mr. Betancourt: Right. I don't have the exact number of residents. It's in the hundreds. Residential units will be charged a very small amount compared to the commercial properties. It ranges from, I think, as low as $50 to under $200. No one -- no single resident will be charged more than $200 for this project. So, I'm sorry, the previous range I gave you was specifically for commercial properties. Commissioner Carollo: Okay. So no residential or, let's say, homestead unit or -- yeah, residential, even though it's being rented, non -- any non-commercial unit, it will be charged a maximum of 200 a year? Mr. Betancourt: Any non-commercial -- yeah, a residential unit in one of those condos, from what I could tell on the assessment roll, no one exceeds $200. Commissioner Carollo: And question: Has those residents been notified of this, at all? Mr. Betancourt: They -- that's part of this process is -- they will each -- every property owner, resident, and commercial will receive a notice from the City. I think we have 850 mailings prepared to go out for them to then have an opportunity to come back at the Equalization Board hearing. Commissioner Sarnoff. We'll have to vote. Commissioner Carollo: But would it be after the fact? And I'm sorry; I just don't know the process, so I'm asking -- Commissioner Sarnoff. Yeah. Commissioner Carollo: -- what the process is because I want to make sure that I don't have 800 residents coming here two weeks from now saying, "We knew nothing about this, " and you know, feel that we just did an extra tax and they didn't have a chance to speak, so that's why I'm asking. When they hear or when the City notifies them, will it be after the fact? Mr. Betancourt: It's part of the process. The process doesn't end, as I understand it, until that hearing takes place. This has been discussed multiple times at our Task Force, at the open house, and in the article that ran this past weekend, so it certainly hasn't been a secret, but the actual notification to every single property owner, that's the next step which will take place shortly. City of Miami Page 66 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: And once that notification goes out, assuming this will pass, okay, if there's enough residents that do not want to be taxed, is there any type of vehicle that it could do so they're not taxed? And that's why I'm saying is this notice going out from the City to -- or the City or the DDA, whoever it is, to these residents; is it after the fact, after they don't have a say-so? Ms. Mendez: I -- ifI may, Florida Statutes allows for this board to make a decision on whether they want this type of special assessment, then the notice goes out that that has been the decision of this board for this district -- for this special assessment to be created. And then today we're also going to set the date, which I believe is May 8, to come back before this board, and then residents will be noticed of that, and they will come here and describe what they feel that their assessment should be and things of that nature, and then at that time, any adjustments or tweaks can be made. Commissioner Carollo: Right. But at that time, they will be assessed something. The only thing they could argue about is whether I'm being assessed too much or too little. It seems to me like there's no notices that have gone out, you know, stating the fact that, "We are going to have a meeting to discuss whether we assess you in the first place," and think notices should have gone out to those residents for them to be here at this meeting today, because once, let's say, we vote on this, and let's say we vote favorably to assess them, they really have no say. The only say they have is to come and, I guess, rebut whether we're going to assess them too high or -- Ms. Mendez: Right. But they could come and speak to this board, and if there are any adjustments that you feel that needs to be made, you could do that at that time. Vice Chair Hardemon: May I? Chair Gort: Vice Chairman. Mr. Alfonso: Additionally, I wanted to clam. Commissioner, it's a one-time assessment. You said "per year." It's a one-time assessment. Chair Gort: Vice Chairman. Vice Chair Hardemon: Thank you very much. As I read the Florida Statute 170.01, Section 2 -- no, 170.01 actually -- I believe I lost my place with it. One second, please. Never mind. Never mind. Chair Gort: Any further discussion? I understand you second the motion. Am I correct? Vice Chair Hardemon: No, I -- Todd B. Hannon (City Clerk): Chair, as of this time, I do not have a second. Vice Chair Hardemon: Don't have a second. Chair Gort: You didn't second? Vice Chair Hardemon: But I'll -- Unidentified Speaker: Well, you started to second it. Vice Chair Hardemon: -- I will second. Chair Gort: You second. It's been second. City of Miami Page 67 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: Further question: According to what you show as approximately $13 million, what you're -- you need to actually complete this project, correct? Now, I know there's a breakdown. There was six millionfrom -- Commissioner Sarnoff. Six million from the City, six million from the County -- Commissioner Carollo: So this assessment will be the six million from the City? No? Commissioner Sarnoff. No. Commissioner Carollo: Could you go into details with that, please? Mr. Alfonso: Okay. Mr. Spanioli will talk about where the six million from the City's coming from. The assessment is for $1 million. Chair Gort: You're recognized. Mark Spanioli (Director, Capital Improvements Program): Good afternoon, Commissioners. The $6 million funding that's comingfrom the City of Miami is comingfrom the street bond funds. This was a project that was part of the downtown beautification that was a named project within the street bonds issuance. So this is funds that have been allocated for a number of years for the downtown beautification; Flagler Street falls within that corridor. Chair Gort: Thank you. Vice Chair Hardemon: I have a question, Mr. Chairman, through the Chair. Chair Gort: Yes. Vice Chair Hardemon: All right. When it comes to the special tax that is being levied, my question is -- because as I read through the statute, there's a line that talks about no assessment shall take place or no collection of that assessment until the property connects to the capital improvement. And so my question would therefore be then, Do we have to wait until there are improvements being made where there's a connection from the facility to that unit or frontage to the actual improvement, or are we collecting this upfront, also knowing that we're setting the stage for other monies to be used for the improvement? Ms. Mendez: If you could give me one moment to clan fy that. Vice Chair Hardemon: No problem. And for the record, I was looking at 170.01 Section 2 -- Section -- it just follows after E'L well, K." Chair Gort: If you recall, the City ofMiami used to build roads, street improvement, and they had a special assessment to the property owners at that time, so -- Commissioner Sarnoff. There are a lot of different methodologies of doing it; one of them, we were dealing with CDD, which is one methodology of doing it. This is just a one-time special assessment. I don't know the answer to your question, so that's why I'm just speaking. Ms. Mendez: Yes, we're -- I'm sorry. We have monies to start and then we will assess. In the meantime, we have time to collect after, so yes, we will start first. Vice Chair Hardemon: Okay, thank you. That's fine. City ofMiami Page 68 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: Okay. Yes, ma'am, you're recognized. Renita Holmes: Thank you, Mr. Chair. Madam Renita Holmes, citizen, resident. My concern -- activist -- when we talk, ring a bell, another buzz word is Public participation. "Andl agree with you, Commissioner Hardemon and Commissioner Carollo, a taxation without representation is one of the most viable rights than the Constitution that sets precedence over all rules versus laws. And so what we see as a one-time -- "non -time" comes back with changes and others. And this -- also this question, I'm not being benefited, the right of notification. This community has a lot of seniors. It has a lot of very savvy folks. And I'm not picking on Mariano, but, you know, he doesn't do computers, and they don't quite get it. So having things start without my participation, which are a part -- utilizing my public funds without my public voice gives me five points that says I'm not representing that constitutional right, that maybe I'm being heard, andl know you all are great leaders. You know, you walk your community, you know your people. But when we begin to set precedence with this and violates those guidelines and those rooted stats just to make sure that we, the people, have a say-so about what we're going to pay for or what we're supposed to have public benefit, there are two things we need to know: Proper notification of when we're going to be included prior to the creation, as well as the benefits to those who are directly impacted, andl don't see that here. Thankyou. Chair Gort: Thankyou, ma'am. Ms. Mendez: If we may address that one point? Chair Gort: Go right ahead. Ms. Mendez: Chairman, basically, this is not a special district, as Ms. Holmes is identiing, and that's what this provision is the one that requires a majority of the vote. This is just a special assessment to particular properties that are benefited. I just wanted to make that clear because it's a very important point that she brings up, andl don't want anyone to think that we did not notice anyone properly. Chair Gort: Thankyou. Ms. Holmes: IfI may, through the Chair. Point in clarity, I just -- but let's take a look at it. Even to those particular properties, those connected to it, and the overall impact to the community and is involved, this is a process. This is a fair process, and we don't want to begin to dismiss that just because this is a few people within. Quite often, it's the cherry picking processes that affect those around that need to be most involved, and it's good to have that input. It give us the opportunity to see the problems before they're created or perhaps avoid them and solve them before then. So if it's a good thing to do about something that's good, you know, let's do it; let's not just do it -- not do it just because. Thank you. Chair Gort: Thankyou. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Additionally, besides what we're doing here, I know the statute goes into once the -- if this resolution is adopted, that it has to be published in a newspaper and things of that nature, and then we also have the next hearing where we discuss with the property owners possibly changing the amount of monies that they have to pay into this, so it doesn't just conclude by a resolution. There's still some discussion that has to take place with the property owners. Andl must say that considering such a major improvement on a public street that abuts so many private entities, asking for some participation is probably good. If -- imagine if in other City of Miami Page 69 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.10 14-00236 District 2- Commissioner Marc David Sarnoff communities there were major improvements without that public participation, but then in other communities where we need the major improvement, there is no participation from the private entities (UNINTELLIGIBLE). Chair Gort: This is just like any homeowner association. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As modified. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 170.07 FLORIDA STATUTES, FIXING THURSDAY, MAY 8, 2014 AT 2:00 P.M. AT CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTY TO BE ASSESSED PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL ATTACHED TO RESOLUTION NO. 14-0114 , ADOPTED MARCH 27, 2014, AND ON FILE WITH THE CITY OF MIAMI CLERKS OFFICE, OR ANY OTHER PERSONS INTERESTED THEREIN, MAY APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING THE IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 14-0114. 14-00236 Legislation.pdf 14-00235-Downtown Development Authority-Flagler Streetscape Presentation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0115 Commissioner Sarnoff. Mr. Chair, I'd like to make a motion on RE.10. Chair Gort: RE.10. There's a motion by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Todd B. Hannon (City Clerk): And then, Chair, before you take a vote, we're incorporating the same modifications from RE.9 with the "whereas" clause, andl would also like to request from the Commission that you add to the body and title of the resolution the following resolution number: R-14-0114. Chair Gort: Thank you. Commissioner Sarnoff. As stated by the Clerk. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 70 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 RE.11 14-00284 Honorable Mayor Tomas Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO REJECT ANY AND ALL EXPANSIONS OF GAMBLING, INCLUDING LEGISLATION TO LEGALIZE "DESTINATION CASINOS" IN THE STATE OF FLORIDA; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 14-00284 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.11 was continued to the April 24, 2014 Planning and Zoning Commission Meeting. Chair Gort: We have a time certain, but it has to do with the DDA (Downtown Development Authority) and the main body from the DDA is not here, so I'm sorry; we're going to have to wait. Vice Chair Hardemon: We still have some -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- REs (Resolutions) that we have to do. Chair Gort: Yeah, we have some REs. RE.5. RE. 5. Daniell Alfonso (City Manager): Commissioner, we had left off with the first reading -- Chair Gort: FR. 3. Mr. Alfonso: FR.3, Commissioner. Chair Gort: Okay. Mr. Alfonso: And while the Procurement director comes up to prepare that presentation, I wanted to note that was asked by the Mayor to ask the Commission to continue item RE. 11 to the April 24 agenda. Chair Gort: RE. 11, it's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: For deferral, second. Chair Gort: Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Okay. END OF RESOLUTIONS BUDGET City of Miami Page 71 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 BU.1 BUDGET DISCUSSION ITEM 14-00166 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET 14-00166 Summary Form.pdf DI.1 14-00168 City Commission DISCUSSED Vice Chair Hardemon: Right now, I believe we are on the budgetary item BU.1. Yes. Chris Rose: Good afternoon, Commissioners. Chris Rose. I am your Budget director. I trust that you've all had an opportunity to review the monthly report that I sent yesterday morning. A few highlights include the City trending towards a year-end surplus of 11.1 million. This is composed of about $2 million of revenues that we are projecting higher than budgeted and about 9.1 million of expenditures lower than budgeted. Regarding expenses, we have included what we believe to be -- what will be in the midyear budget request at the next meeting. This is not to presuppose what this Commission will do, that you will pass any of that, butl wanted to show you what sort of a worst -case scenario would be if we had that in there, and it still comes to the $11.1 million. So I do thank you for the time that I've spent with each of you Commissioners and we have a few more meetings to go to talk about some follow up, but right now, all the details of revenues and expenses are in the reports behind the narrative that's written, and with the Chair's permission, I'll entertain any questions. Vice Chair Hardemon: Any questions? Seeing none, thank you very much. Mr. Rose: Thank you. And Commissioners, ifI could give you a quick note, we are deep in the middle of budget preparation for next year. We are using the new Hyperion budgeting system to put that budget together. The Manager sent out an e-mail (electronic) shortly after the last Commission meeting with the financial dashboard on there. It's a new tool that anybody, regardless of their location, can go on the web and take a look at where we are on a monthly, a yearly, year to date; anything like that; by fund by department, you name it. I wanted to call out one of my staff Fred Pericles, who's the one that developed it in-house, at no cost to the City, and we put it out there for everyone to take a look at. And we've got some good feedback on the transparency that the City's putting out there, so thank you for your time. Vice Chair Hardemon: Thank you very much. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00168 Cover Page.pdf 14-00168-Submittal-City Manager Memo -Status of Hiring Police Officers.pdf DISCUSSED Vice Chair Hardemon: Chief. Manuel Orosa: Good afternoon, Commissioners. Chief Manny Orosa, Miami Police Department. The hiring update is similar to last week, except that since last week, we've hired six police officers, and we expect to hire five more by April 1, and we have two pending medical. City of Miami Page 72 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 And that leaves 68 in the process that we are still doing the backgrounds, and like I said last time, in middle of April, we're going to bring in the second batch of 362 to start their process. And after we finish that batch, we have another batch. Commissioner Sarnoff. So the three -- Vice Chair Hardemon: Commissioner Sarnoff. Commissioner Sarnoff. I'm sorry. -- sixty, you've not started processing? Chief Orosa: Yes; we're almost done. Commissioner Sarnoff. Almost done. Chief Orosa: We only have 68 left. Commissioner Sarnoff. So I'm going to ask you to say it one more time, 'cause I'm not understanding. There was a list that was out there. Chief Orosa: Okay, there was a list of about 1,300 -- I'm sorry -- about 1,000. We started with about 1,500, and then within a week, we were down to 13, and then we were around a thousand and change. We divided that thousand into three groups. The first group we brought in in January, and that's the group we're processing, is 362. Out of that 362, we have 68 left in the process. The rest have either been disqualified or hired. In April, we're going to bring in the second batch, probably around 362, 370, and we're going to be processing them. After we finish with them in around -- I want to say August -- the -- we'll bring the last group, and we'll finish that group by the end of the year. Commissioner Sarnoff. And by doing it the way you're doing it, obviously, you're going to have a great number of people dropping out just because, obviously, you get to the second group of 360, those people have waited better than seven or eight, nine months before you've even gotten to them. Chief Orosa: The second group? No; only four months. Commissioner Sarnoff. The third group, third group. Chief Orosa: The third group, eight months, yes. Commissioner Sarnoff. And that's the most effective way of doing this? Chief Orosa: Commissioner, it's so many people that we have 20 background investigators, and we used to have only four background investigators. I raised it to 9 and then to 20. In the hospital, of course, also, they have a capacity for the people they can see at any given time. So we're doing as fast as we can. It's just a matter of that we don't -- right now, even though we can build more capacity by adding more police officers in the process, the rest that we don't control, such as the psychological and the medical, we have no control over that. We cannot build capacity for that. Commissioner Sarnoff. So I just want to understand. You're obviously trying to fill 65 positions, right? Page 2. Chief Orosa: Fifty-nine. We're at 59. Commissioner Sarnoff. All right. So -- all right. So there's -- I guess there's an update from the City of Miami Page 73 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 -- March 25. Chief Orosa: Since last week, March 25, we hired six officers. That's why it's down at 59. Commissioner Sarnoff. I got -- so you're looking to hire six -- let's just say 60 people. And you're expecting of the group you have now, 30 to come out of that? Chief Orosa: Out of the group -- out of the 68 that we're hiring, probably about 30 percent of that, so in the high 20s. Commissioner Sarnoff. Then you go to the next 360 and you hope to hire -- Chief Orosa: About 10, 11 percent. See, I think that what -- to make it a little bit more clamed for yourself, when we start the process, we disqualify a lot of people. That's why we get 10 percent. But when we're -- get down to the stage that we're at now, which is the background and the medical, we only disqualin, a little bit more than half. So that's, out of the 68, why I can say with enough confidence that about 30 percent of those will be hired. Commissioner Sarnoff. So then -- andl know you made this statement last time, but I'd like to be consistent this time. You would expect to be at the full complement of 1,179 officers by when? Chief Orosa: Probably by the end of the second batch. Commissioner Sarnoff. And that would be by what date? Chief Orosa: Probably sometime around August, September, barring unforeseen circumstances like a mass exodus that we don't contemplate in having. Commissioner Sarnoff. Okay, thank you. Vice Chair Hardemon: Any other questions. Chief Orosa: By the way, let me bring something to your attention. We have just been contacted by one of our officers that left for the County. He wants to come back. Chair Gort: Question. Commissioner Sarnoff. Are you going to take him back? Chief Orosa: Of course. He was a good cop here. He wanted to go to the County for greener pastures, and now he wants to come back. Vice Chair Hardemon: Mr. Chairman. Chair Gort: How we doing in 9-lls, operators; are we at 100 percent? Chief Orosa: We're down like three, maybe four vacancies, but -- because we hired a whole bunch of them I want to say a couple months ago. Chair Gort: Are we still in the process of hiring, because -- Chief Orosa: Yes, we are. Chair Gort: -- I received a letter from someone that works as a 9-11 operator. City of Miami Page 74 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chief Orosa: Mm-hmm. Chair Gort: He's got the experience. He hasn't been called yet. So I don't know what the -- Chief Orosa: If you provide that letter to me, I'll make sure that we contact that person and see where that person is in the process. Vice Chair Hardemon: Thank you very much, sir. We appreciate it. Chief Orosa: Thank you, sir. DI.2 DISCUSSION ITEM 14-00272 City Manager's Office PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - ARTS AND ENTERTAINMENT COUNCIL - EDUCATION ADVISORY BOARD - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD - LIBERTY CITY COMMUNITY REVITALIZATION TRUST - MIAMI SPORTS AND EXHIBITION AUTHORITY 14-00272 Memo - 2013 Annual Board Reports.pdf 14-00272 Board Reports 03.27.pdf DISCUSSED ToddB. Hannon (City Clerk): Chair, it's 3 o'clock. Chair Gort: Thank you. Any item you would like to discuss, Vice Chairman, while we're waiting for our colleagues? Vice Chair Hardemon: No, I don't have any personal discussion items. However -- I mean, the only things that see, Mr. Chairman -- Victoria Mendez (City Attorney): Microphone. Vice Chair Hardemon: -- that could possibly be discussed at this time are maybe the presentations that need to be made from the -- Chair Gort: Board (UNINTELLIGIBLE). Vice Chair Hardemon: Yes. Chair Gort: City ofMiami boards. Vice Chair Hardemon: Yes. Chair Gort: Okay. Vice Chair Hardemon: D1.2 [sic]. Chair Gort: Let's do that, yes. Can we have --? Since we don't have to vote on this, can we have the presentation by the different boards that are here today? City ofMiami Page 75 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Ms. Mendez: Yes, you may. Daniel J. Alfonso (City Manager): Yes, Commissioner. Vice Chair Hardemon: If we may, Mr. Chairman, maybe we could start with the Liberty City Trust, since I see their representation here. Chair Gort: Okay. Vice Chair Hardemon: I know Commissioner Sarnoff will probably want to hear the police officers hired. Chair Gort: You're recognized. Elaine Black. Good afternoon. My name is Elaine Black, and I'm the president of the Liberty City Trust. We're located at 4800 Northwest 12th Avenue. Because of the change in time, my board members -- Pastor Mack, chair, and board member in charge of economic development, Roy Hardemon -- could not be here. The Liberty City Trust's focus is to ensure that we engage in the residents of the Liberty City community. The board engages in maintaining the physical integrity of the agency's operations and records and the needs and desires of the community. Its vision to empower those who live, work, and play in Liberty City. Each board member is assigned a area of responsibility. The areas of our focus are housing. We are involved in infill housing program in the City ofMiami. We also do home buyer counseling. I'm fortunate to say that at any time, we have about 50 home buyers, and when you can buy a home, that really makes a difference. So we work with all of the local banks, particularly Region's bank, Chase, Wells Fargo, to get home buyer loans and to qualifi, for loans that are available to them. We work with the City ofMiami in ensuring that the houses that are owned by the City are all sold. All of those houses have been sold, and we have a waiting list for those homes, and we're focusing now on houses that are existing homes in the community. So homeownership is a major focus of our organization. Development of real estate is another major area in our -- in the Liberty City community, where we work with developers, as well as property owners, to ensure that they're developing their properties. The area of working with property owners and multi families have really made a difference, because one of our key areas, which is 61 st and 13th, has been turned around because we now have good property management in that particular area, which was once a real eyesore for the entire community. Job training. Our board member from FIU (Florida International University) have worked with us to put together a life skills program, which has really made a difference in that we have ensured that individuals participating in that program. We graduated 13; 5 have gotten jobs. And that's something we're continuing to monitor. Economic development is always key; working with our restaurants and in the community to ensure that they are excelling. We want Liberty City to be a tourism attraction. Hopefully, we'll be meeting with Mr. Ortiz from the History Miami Department to ensure that we do become a targeted area for tourism. We have the linear park that is being developed right now between 12th Avenue -- off of 12th, between 62nd and 71 st, which will also allow tourism to come into our community. Cleaning Liberty City is also a major issue. We have major lots that are not -- lots and properties that are not being maintained, so our objective is, as we move forward, to make sure those properties are maintained in the community. Anti -crime is another area. My chairman, Pastor Mack, is very concerned about that area, so he works directly with several groups that are involved there. Youth and seniors are also concerned [sic] of ours. I'd like to say that our overall responsibility is to ensure that the quality of life of residents in the Liberty City area is maintained. We have submitted our audit for 2013, and it has been accepted by the City ofMiami. Thankyou. Vice Chair Hardemon: Thank you. Chair Gort: Thankyou. I want you to know, ethnic tourism does work. We began programs in City ofMiami Page 76 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Little Havana in Latin Quarters about 15 years ago. Today you have over ten different buses going every day full of tourists, and that's in economic development. Ms. Black: That's right. Thankyou, sir. Chair Gort: Any question? Okay, thank you. Ms. Black: Thank you. Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman. Good afternoon, Vice Chairman, Commissioner. This is the yearly report ofMiami Sports & Exhibition Authority. The report was sent timely to the City Manager in February. And of course, four members of this board are members ofMiami Sports & Exhibition Authority. So in a nutshell, because I know that you have several presentations, one thing that is important is that Miami Sports & Exhibition Authority no longer receives CDT (Convention Development Tax) funds, so as a result of that, in the past years, there have been no reoccurring revenue which will be able to fund this operation. However, MSEA (Miami Sports & Exhibition Authority) continues to serve as the landlord of the Miami Children's Museum and the Heliport and Chalks seaplane operations on Watson Island. That means that in the next year, we hope -- and as you know, there have been talks for the new Chalks management team, and this will bring a reoccurring revenue to Miami Sports & Exhibition Authority. Hopefully, in the next meeting when all of the members are briefed, we will have this agreement that has been approved by the City Attorney's Office and by both parties; on behalf of MSEA, Kirk Menendez; on behalf of the Chalks operator, their team. As you know, MSEA, on October 15, 2013, the board of directors approve a funding, in an amount of $10, 000, to the U.S. Olympic Sailing for the 2014 Sailing World Cup in Miami. At the December 18, 2013, the board of directors approve funding, in the amount of $10, 000, to the Big Orange New Year's Eve celebration. It's a Miami tradition that brought 150,000 people to Bayfront Park in downtown Miami. This demonstrates the commitment that MSEA has to our diverse community, and that, Mr. Chairman, Commissioners, is the report. Chair Gort: Thankyou, Mr. Mayor. Is any questions? Thankyou, sir. What other board members are here and ready for your report? Any other board --? Daniell Alfonso (City Manager): It's the Arts and Entertainment Council, okay. Chair Gort: Yes. Come forward; don't be shy. Mr. Alfonso: Education Advisory? Michael Margulies: How are you? Good afternoon. I'm briefly just going to go over some of the things that the council has done this year that think -- Chair Gort: And you are? Mr. Margulies: Michael Margulies. I'm the chairman, Arts and Entertainment Council. The council organized Painting Miami for the third year in a row with the purpose of recruiting local artists to exhibit their work and be recognized through certificates and awards based on panel (UNINTELLIGIBLE) and juror recommendations. The council organized and sponsored, along with Portraits Society of America, the Portrait Society Academy, in which a hundred artists participated in a two-day conference and painting workshop at the Gardens of Vizcaya. The council created scholarship fund created for Miami residents and awarded through national arts foundations. We also were involved in several of the art fair sponsorships during Art Basel. What else? The council sponsored Young Arts 2013-2014; created a press release campaign City ofMiami Page 77 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 with a total of 690 media placements in local, national, and international media outlets. The council sponsored young arts by awarding them scholarship of 3,000 per year for two years. And that's pretty much it. Chair Gort: Thankyou very much. Mr. Margulies: Thank you. Chair Gort: Any questions? Being none, who's next? Who's next, Mr. Manager? Mr. Alfonso: Is the Education Advisory Board here or the Historic and Environmental Presentation [sic] Board? Christopher Norwood: Yes. My name is Christopher Norwood. I'm representing the Education Advisory Board. I am not the chair. The chair could not be here, but you have here with me the vice chair of the committee. The Education Advisory Board was created to monitor the education compact of the City ofMiami. And in the past year, we've met several times, mostly trying to develop an agenda for our community around education. You have a report in front of you. I would like to speak a little bit about the future, what the future holds for us. The first thing want to say is I sit on that board at the pleasure of the Vice Chair of this Commission, Keon Hardemon, which I do with pleasure. District 5 has almost a third of -- all schools in the City ofMiami is in that district. We hope this coming year to do a couple of things. One is to hold an education summit, which is an extension of a conversation that I had with the Commissioner, and that the full board also agreed was necessary. Secondly, we also believe that, again, an extension that I had with my Commissioner around utilizing parks as a way to provide out -of -school suspension centers for our children, which is a big issue around the country and especially here in the City ofMiami. With that being said, if the vice chair would like to -- I wasn't expecting her to be here. I was -- I'm here because I'm the only one that doesn't have a real job andl have the flexibility, but she would like to say something, I would like her to. Chair Gort: Thankyou. Marta Zayas: Well, I would just like to say thank you. As you can see, I'm very sick, so -- butl did want to be here because the board is very important. Education is very important. I'm a teacher, so I do believe in education; I know all of you do and that you're very supportive of our board and our initiatives. Going to let our -- Mr. Norwood continue, since I'm not feeling very well. Chair Gort: But education is very important. As you can see, I'm in the same ship you're in today. Mr. Norwood: My presentation is over. Chair Gort: Any questions? Thank you very much. Mr. Norwood: Thankyou. Chair Gort: And thank you for the volunteer work you all do. Commissioner Suarez: Thank you. Mr. Norwood: Absolutely. Chair Gort: Yes, sir. City ofMiami Page 78 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 DI.3 14-00274 Department of Finance William Hopper: Good afternoon, Mr. Chairman and honorable Commissioners. I'm William Hopper. I'm the chair of the Historic and Environmental Preservation Board. You have our report, and so I'll just briefly highlight our major accomplishments. Last year we had 11 meetings and a site visit and we made resolutions for the following items: We had five preliminary reviews to designate historic sites, which included St. Jude Melkite Catholic Church, Historic Virginia Beach -- Virginia Key Beach Park, Dade Commonwealth Building, Scottish Rite Temple, and the Tower Theater. We had four final historic designations, which included the Historic Virginia Key Beach Park, Dade Commonwealth Building, Scottish Rite Temple, and the Tower Theater. We had 58 certificates of appropriateness for alterations to historic sites and districts, 6 ad valorem tax exemption preconstruction applications, 3 parking waivers for historic sites, 1 preliminary approval to designate an archeological site, which is at Simpson Park, and 2 final designations of archeological sites, which were Santa Maria West and Mary Brickell Park. We had three tree removal permit appeals and a resolution to support the nomination of Shenandoah Historic District to the National Register of Historic Places. Chair Gort: Thank you, sir. Any questions? Once again, thank you to yourself and all your board members, 'cause I think the work you do is very grateful to us. Thank you. Mr. Hopper: Thank you, Mr. Chairman. DISCUSSION ITEM FINANCE COMMITTEE PRESENTATION 14-00274 Summary Form.pdf 14-00274 Letter to Chairman Gort.pdf 14-00274 Letter to Auditor General. pdf 14-00274 Finance Committee Report.pdf 14-00274-Submittal-Eli Feinberg. pdf DISCUSSED Daniel J. Alfonso (City Manager): DI.3 is the Finance Committee presentation. Eli Feinberg: Mr. Chairman and Commissioners, my name is Eli Feinberg. I am the chair of the Finance Advisory Board. We weren't able to make the previous meeting agenda where we had sent a letter to you, Mr. Chair, indicating that the Finance Committee had been looking into our asset management program and some other issues that we felt, you know, might expedite and help the Finance Department that has, you know, gone through some attrition and some reorganization. In fact, at the writing of this report, the only senior manager that we had at the time of this issue was the current Manager, who was then Budget director. And since the March 7 letter to you, the committee -- the Finance Department and staff have already moved -- not so much corrected, but have moved forward with all the issues that we brought to you -- brought forth in that previous letter. Number one, the City Attorney's Office -- and thank you very much -- has empowered themselves to seek outside counsel when dealing with issues of finance and issues dealing with the asset management and the buying and selling of bonds. The Finance Department has -- is now at a state where they have -- we have a new Finance director, assistance Finance director, controller, treasurer, chief accountant in their seats working right now, working and finishing the CAFR (Comprehensive Annual Financial Report) in really very good time sequence whereas before, it was like a perfect storm. We had terrible vacancies and no management when some of these issues came up. And we also ask that you consider either asking the auditor general himself, or allowing us to do it, to look into some of these discrepancies. The auditor general attended our last meeting and promised to review this in a short period of time. Mr. Richard Brodsky was appointed as a committee of one to look into some of these issues. He was appointed by Commissioner Sarnoff. I'm not sure if he's arrived City of Miami Page 79 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 yet. I don't see him in the audience. But the Finance director's here, Eric, who was just appointed by Commissioner Carollo. He's here in the audience tonight too. And I'll be able to answer any questions for you. Chair Gort: Thank you, sir. Any questions? Commissioner Suarez: Mr. Chair, I have one question. Chair Gort: Yes. Commissioner Suarez: I was told that -- andl don't know whether it's going to be done now or at some other point -- that Richard Brodsky, who I think is a member of your -- Mr. Feinberg: Yes. Commissioner Suarez: -- board, was going to make a presentation to us on some transactions that were disfavorable [sic] to the City. Is that something that's going to happen? It's not going to happen? What's the story with that? Mr. Feinberg: He was told to be here at 3: 30, and we had changed the time a couple times, and he's not here today. And since he was the author of this report, I would really like to kind of defer to him. As you know, I put Mr. Brodsky as a committee of one. He's a former SEC (Securities & Exchange Commission) lawyer. Commissioner Suarez: Right. Mr. Feinberg: Very, very knowledgeable in this area. And again, during this period of time, this perfect storm when there weren't clear-cut lines of management direction, there were some issues that were brought up during this time regarding some losses on callable bonds. And I'd really kind of prefer to have him give that report, since he was the committee who worked with staff on that. Commissioner Suarez: Okay. Mr. Chair, ifI may? First of all, I want to thank you, Mr. Feinberg, for that. You know, I think one of the things that has defined this Commission from the minute we got here and has really continued, actually has even, in my opinion -- well, I don't want to say improved because then I don't -- I don't want to make it sound like it wasn't good before, but I think it certainly has continued to get better from the perspective of this body wanting transparency, whether it's good or bad news. We just denied an agency earlier today which had some material findings. So I think agree with you, by the way, with what you said, which has to do with -- I don't know ifI should be -- I'm going to be very humble -- a department that had had issues for a period of time and those issues, I think, materialized and surfaced in a number of different ways, this being one of them, andl think you correctly identified that. But think it's important for us to be candid, and open, and transparent about things that happen in the City, whether they be good or bad, and what are we doing the rectify them. I think we're also a Commission that's willing to be accountable, and we had to do that in a very difficult circumstance, because the Miami Beach agency that came before us was very sympathetic. They were here with the former Mayor ofMiami Beach and they were a long-standing organization, but their findings, their financial findings were very, very circumspect and very, very suspicious, andl think had we not acted, then I think we would have been irresponsible, andl think that's -- that was the issue that we were confronted with. We were talking about $11 million worth of funding. So, you know, from our perspective, we thank you for mentioning it. We definitely want to bring it to the forefront, and we want to make sure that the City Manager, who was the former CFO (Chief Financial Officer) and Budget director, and our new CFO and our new Finance director who's in the audience, are making sure that they're putting steps in place to avoid that from happening in the future. City ofMiami Page 80 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Feinberg: Yes. Well, when that happened, if you had walk through the Finance Department, there were so many empty seats, and the Manager, former CFO, and the Finance director are speeding through filling those vacancies. We now have a treasurer. We now have a chief accountant. Andl really believe and predict that the next CAFR will be coming in right on time and it'll be blessed by your auditor general. Commissioner Suarez: Thank you. Chair Gort: My understanding, the department at this time has six CPAs (Certified Public Accountants) ? Mr. Feinberg: Yes. Chair Gort: Six. Commissioner Suarez: Five. Chair Gort: Five. Mr. Alfonso: Five. Mr. Feinberg: Five. Chair Gort: Five. Mr. Alfonso: All the top five posts in the department are CPAs. Mr. Feinberg: Right. Chair Gort: Thankyou. That's something we've been asking for. Mr. Feinberg: Okay. If Mr. Brodsky comes in, if you want to ask him any questions -- Chair Gort: Sure, no problem. Commissioner Suarez: Thank you. Mr. Feinberg: Okay, but thank you. Chair Gort: Thankyou very much. And by the way, Mr. Chairman, thank all your board members for the work you guys do, because all you do is pro bono, so I want to thank you all. Mr. Feinberg: (UNINTELLIGIBLE). Chair Gort: Thankyou. Mr. Feinberg: Thankyou. Chair Gort: What other department? Is that any -- Mr. Alfonso: That was it for the presentations, Commissioner. Later... City of Miami Page 81 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Chair Gort: I see Mr. Brodsky is here, andl think Commissioner Suarez wanted to hear a statement from him. Either one. Richard E. Brodsky: I am Richard E. Brodsky. I'm an attorney in downtown Miami, and I'm a member of the Finance Committee of the City ofMiami, of which Mr. Feinberg is the chair. As each of the Commissioners knows, having been briefed on this some months ago in a preliminary stage, the City's bond position, the investments it owns, are in a bad state at the present time because, simply, from 2012 to 2013, the City bought only five-year bonds. Right now the bonds are under water, $271 million in bonds; they're under water by approximately $4.5 million. That means they are -- those are paper losses. But that is a very bad position to be in, because it means that any time you need any of those bond monies to spend on something, you have to take a loss on the bonds in order to make the payment. Now, the issue primarily is the fact that these are five-year bonds. The City requires that the average -- weighted average maturity -- in the investment policy, the weighted average maturity of all the bonds is less than three years, so we went to an allfive-year bond portfolio; we were violating the investment policy. Why did we do it? And by the way, we all know that when interest rates go up, bond prices go down. But what's also the fact is that when interest rates go up, longer term bonds go down by more per dollar than shorter term bonds. If you take a look at Exhibit 4 to the committee's report, which is in the agenda package, you will see that illustrated very simply, and it's the chart that shows -- from the Treasury web site -- it shows, very simply, this is interest rates from '11 to '14. These are five-year bonds. These are one-year bonds. The difference is a little line below the five-year bonds. What that proves is if you're holding five-year bonds and interest rates rise, you're going to get hit more than if you're hit holding one-year, two-year, three-year bonds with a weighted average maturity of less than three years. Now, why did this happen? It's very simple. The City decided to chase yield, meaning gaining a higher coupon rate on its bonds than it would get if it bought other bonds. So over time you can see it very easily in the City's records; the weighted average maturity kept going up every year from around nine -- 2009 to the point where it was over -- way over three and -- it was not essentially five; it was five when the City went to all five-year bonds. It was imprudent and it violated the City's investment policy. You know that interest rates went up startingMay 2 of 2013. I checked the Treasury Department web site yesterday. The rates for a five-year bond -- it's a composite rate; it's not an exact duplication of these bonds. In fact, these bonds probably are -- right now have higher interest rate associated, which means they're worth less than straight five-year bonds. On May 2, 2013, the interest rate -- imputed interest rate for five-year bonds was .65 percent. Yesterday they closed at 1.7 percent. That's a difference of 1.1 percent. That sounds like a little; it's a lot, because who here would bet that interest rates are going to go down by that much in the next three years? I wouldn't make that bet. I'm not a betting man, but even ifI were, I wouldn't make that particular bet. I could be wrong. But until those rates come down to what the coupon rates was of each of the 70-odd bonds that are in the portfolio today, they can't be sold without a loss, and that is not a good position to be in, whatsoever. It's like putting all your savings into a five-year CD (Certificate of Deposit); the roof falls in; you want to pay for the roof without having to go to the bank and pay 12 percent. Well, if you want -- if all your savings are in a five-year CD and it's year two, you're going to have to pay a penalty, so no one in his right mind would put all his -- their savings into one five-year CD. You keep something around. Now, the City does have much cash. I'm not saying you don't have cash. But sometimes we need to sell bonds in order to make a particular expenditure. This happened last October. The City had a chance to save $938, 000 if it made its pension contribution to the FIFO (Firefighters and Police Officers) and GESE (General Employees and Sanitation Employees) pension plans in October of '13 rather than December. That's because they would save all the accrued interest over the next couple of months. So we sold some bonds, but we lost $119,000 in those bonds in order to save $938,000. I am not and the committee -- the Finance Committee explicitly is not criticizing anybody in the Administration for making that decision. No one in his right mind would not spend 119,000 to win 938, but why were we in that position to begin with? Why weren't we laddered up properly? The report explains exactly why it is in violation -- it was in violation of the investment policy. So I want to skip to another issue that is somewhat arcane, but could be very, very important for City ofMiami Page 82 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 this City. The bonds that we have been buying since 2006 are callable bonds. That means that if interest -- market interest rates drop, the issuer of the bonds can advantage -- take advantage of the falling interest rate to call the bonds. It's just the way anybody would refinance their mortgage or this City refinances its bonds in a lower interest rate environment. You can take the other bonds back and -- or buy them back and sell bonds at a lower interest rate. Well, that's wonderful for the issuer. It's a risk for the holder because he might have bought a five-year bond callable, thinking he's going to holds it for five years. But if he's out in 6 or 8 or 10 months, he's got to now invest at a lower interest rate because interest rates are lower. And so, therefore, the callable bond purchaser is given a premium higher interest -- coupon interest rate to pay for that call risk. And by the way, these are not government bonds. They're so-called agency bonds issued by Freddie Mac, Fannie Mae, the Federal Home Loan Bank, andl think it's called the Federal Farm Credit Administration. These are not backed by the full faith and credit of the United States and so, therefore, they have a higher premium also. So this was premium or yield chasing with the risk of what would happen if interest rates rose. Now, one of the features of the callable is to do with what government accounting standards require that the City disclose in its CAFR, in its financial statements, which are audited by the independent auditors. Basically, they have to disclose certain facts about interest rate risks, the risk that the value of the bonds will vary or would be affected by market interest rate changes, and a number of items are required to be disclosed. For a number of years through the 9/30/12 CAFR, the City's financial statements have disclosed the maturity of these callable dates, the bonds, based solely on the call date calculated at that time. So it was a five-year bond, but the economics calculated that it would be called in eight months or it would be listed as an eight -month bond in the City's financial statements. But of course, if interest rates rose, it wouldn't be an eight -month bond; it would be a five-year bond, as long as it was leased as they didn't drop below the coupon rate. So disclosing only the call date left out the fact that if the actual maturity date were disclosed, it was substantially longer than the call date. Although I am an experienced securities lawyer, I offer no opinion on whether this disclosure was violative of the securities laws or of governmental accounting standards. Commissioner Sarnoff. Mr. Chair, is it --? Are you saying that we listed the call date and not the maturity date? Mr. Brodsky: Correct, for years and years and years. Mr. Alfonso: Excuse me. I'm going to chime in for a second, because in the CAFR, the call date nor the expiration date of the bond is specifically listed. We're talking about a footnote that talked about the computation of the duration of the bond, and that calculation was based on the callable date, not the expiration date, and the footnote expressly stated so. Mr. Brodsky: I acceptDanny's explanation completely. Mr. Alfonso: Thank you. Chair Gort: Let him finish and then (UNINTELLIGIBLE). Mr. Brodsky: I -- Danny's absolutely right. We're talking about footnote disclosure, but the footnote did not disclose the maturity date. It stated the -- it disclosed the call date. Commissioner Sarnoff. That's not what Danny just said. Mr. Brodsky: Yes, it -- Mr. Alfonso: Okay, I'll -- let me make sure I -- The statement that was made sounded as if we listed a bond and we listed a callable or expiration date. The fact is that the CAFR does not list out individual bonds with individual callable or expiration dates. It talks about the total City of Miami Page 83 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 aggregate value of the investments by (UNINTELLIGIBLE). When it talks about the bond portion of the investments, it mentions the average duration of those bonds. In other words, what is the average expiration date? It could be understood as the duration of those bonds. In this particular case, the disclosure footnote said that the duration was i 'let's say 2.1, and it said that that calculation had been based on the callable date of the bonds, not the expiration date. Commissioner Sarnoff. So the proper (UNINTELLIGIBLE). Mr. Alfonso: So -- Mr. Brodsky: That's absolutely correct. Mr. Alfonso: Thank you. Mr. Brodsky: What that means -- what it basically said in the footnote, it would say all the Freddie Mac bonds, all the Fannie Mae bonds, all these bonds; and then it would list the weighted average maturity of those bonds calculated on the call date, which was only significant if interest rates didn't -- continued to fall or were lower than or expected to be lower than the coupon rate, because once interest rates went above the coupon rate, no issuer is going to call the bond because they'd have to refinance it and pay more. So -- Chair Gort: Vice Chairman. Mr. Brodsky: -- Danny is absolutely correct, but doesn't change -- in my opinion, it's just a detail. Vice Chair Hardemon: And all of these that we're speaking of to be clear for everyone listening, these are unrealized losses. These losses were not realized, correct? Mr. Brodsky: I'm going to get to that. Vice Chair Hardemon: Okay. So that's true? Mr. Brodsky: We're talking about paper losses. Vice Chair Hardemon: Right, so they're unrealized. And then also, additionally, the -- at the end, at the maturity date, we still, the City ofMiami, will receive its prior value for the amounts that we paid for for those bonds. Mr. Brodsky: Assuming that Freddie and Fannie are still around -- Vice Chair Hardemon: I would hope so. Mr. Brodsky: -- and somebody's there to pay for it. Vice Chair Hardemon: I would hope so. So with that being said, so what this discussion is really about is decision -making that could have -- and we know that the City ofMiami isn't in the business of trying to -- of earning money through its investments; that it is just one of the ways that we manage our cash. Mr. Brodsky: Yes. Vice Chair Hardemon: So with that being stated then -- Mr. Brodsky: What's the problem? City ofMiami Page 84 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Well, no, not necessarily what's the problem, because I can see a problem, because there are potential gains that we would have not captured on or gains that we could have realized had we made, say, a more prudent decisions as it pertains to how we invested our monies into these 5-, 10-, 15-year bonds, right? So where we are now is had we done it differently, we would have been able to possibly have gains and then do what we did before, spend say, for instance, that one hundred some -odd thousand dollars to actually win or earn the -- what is it? The eight hundred some thousand for the pension? Chair Gort: Nine hundred thousand. Vice Chair Hardemon: The nine hundred thousand for the pension. Is that --? So are you calling our attention to this just to show us, hey, that this was not good; maybe we shouldn't do this in the future? We should diversift, our bonds? Mr. Brodsky: Well, the investment policy also -- always -- already requires two things. First, never sacrifice quality, safety, or liquidity for profit. That's explicit. Never sacrifice safety or liquidity for earnings. Number two, your weighted average maturity of your bonds has to be less than three years. Now, that means you're going to have a ladder of bonds. You're going to have one-year bonds, two-year bonds, three-year bonds, four-year bonds, and five-year bonds, and it's very easy to do the weighted average maturity calculation. I don't think, from what I can tell, that the City paid much attention to that issue during the past, because it's been very difficult for me to even get those data. I have gotten them through the treasurer, thankfully. But it's not a question of something we might have gained. It's that if we had had enough one-year bonds and interest rates went up as they did, we wouldn't have had to lose as much money to take advantage of this opportunity to prepay the pension obligation. And any time the City, in its wisdom, thinks that it needs to leave enough cash in the bank, it needs to sell some bonds, it's going to take a much bigger hit than it needed to had it had a ladder of bonds proper in accordance with the policy when it decides to sell some bonds. It's just like the difference between -- well, it's like the difference between cash and your five-year CD. Now, I want to -- it's my understanding -- I'm very grateful -- I shouldn't say grateful -- I'm very gratified to tell the Commission that we -- I and the committee -- it's been principally me -- had worked very closely with Danny when he was Chief Financial Officer, and with Jose Fernandez, who's the City's -- head of the Finance Department, and with Miguel Alfonso, who is the treasurer. Andl do know, from many meetings we've had, that the CAFR for 2013, that is to say the 9/30/13 CAFR, is going -- the disclosure of an interest rate risk is not going to follow the pattern, the disclosure that we had in the past. Now, before I turn to the recommendations, which I would like you to listen to and consider, I want to mention an important fact that at the time -- excuse me. Commissioner Suarez: No, no, go ahead. Mr. Brodsky: Okay. -- at the time, virtually all of the important positions in the Finance Department were not filled when these particular bonds were bought in '12 and '13. That's not to say that as interest rate maturities were going up over the past -- the previous two or three years, those positions were unfilled, but when these particular five-year bonds were bought, there was essentially no one there above a position of a relatively low-level fellow who simply did not have, from what I can tell, the skill or training to make investment decisions for the city. Of course, he has told me, Ms. Jackson of the City Attorney's Office, and Mr. -- Augustine. Excuse me; I said Miguel Alfonso. I meant Miguel Augustine. I apologize -- that he was told in December of 2012 by the then acting CFO not to contact the City's then financial advisor. And so he, according to what he's told us, went ahead and ordered these bonds essentially without the advice of the financial advisor. This gentleman is not to blame, unless the facts are significantly decent from what he's told us. But he should never be in a position -- should never have been in a position where he was the only one left, as he told us. Those are his words. The City is definitely at risk when top-level positions in any department are left vacant for an extended City of Miami Page 85 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 period of time. The committee is making the following recommendations: First, to enable the City in its CAFRs to be certain to the extent that lawyers can influence that, that they're -- that the disclosures are proper, the City Attorney should be given the authority, which it believes it already has -- and I'll explain -- to engage independent expert disclosure counsel to work on the CAFRs. They already worked on the bond issues. But as everybody knows, the SEC, in its wisdom -- andl worked at the SEC (Securities and Exchange Commission) Enforcement Division for eight years, so I can talk both about its wisdom and its lack thereof. But in its wisdom, the SEC has begun to sue cities for bad disclosure in non -bond issue context; City of Harrisburg for its CAFR, presumably could be extended to press releases. So not having counsel present when those things are written is imprudent, and it's my understanding that this has already occurred, andl praise the City Attorney's Office for taking that important positive development. Second of all, the committee is recommended to the City Commission that it give the Finance Department the authority to engage, on an as -needed basis, an outside CPA with experience in governmental auditing standards to assist the City when the Finance Department feels it needs to. Now, the Finance Department, very frankly, I believe, doesn't feel as if they need to, andl can't make that judgment as a member of the Finance Committee, whether or not however -- and they point out, correctly so, to the fact that many of the people on the staff have a great deal of experience in governmental accounting, andl don't discount that in the slightest. But, first of all, we don't know what would happen in the future; maybe the next -- in five years or so, they're light in that department, or there might be an issue that really requires somebody with more in-depth governmental auditing -- or in accounting standards, I mean, and it shouldn't -- it wouldn't cause any harm to have an extra pair of eyes when important accounting and disclosure issues are being discussed, so I hope the Commission will okay the Finance Department having that backup authority. And then the committee recommends that the City Commission direct that there be an investigation of the facts and circumstances that led to the current situation. Now, we've recommended that the auditor general conduct the investigation. Perhaps -- and Commissioner Sarnoff may want to hear this, because it's something we discussed. Excuse me. Perhaps the auditor general -- I apologize for doing that, Commissioner, but this is an issue -- Commissioner Sarnoff. I've been reprimanded before; it's okay. Mr. Brodsky: Okay, I apologize. Perhaps the auditor general is too busy to do this investigation or lacks the expertise to do so; I don't know. But the City Attorney and the Finance Committee -- Department could get together and determine who should conduct the investigation. Now, why look backwards? The committee feels that it is important to look backyards not to make for trouble, not to point fingers at anybody who used to be here, but if you don't learn from the mistakes and exactly how you got into the mistakes, you're going to make them again. And long after Commissioner -- Chairman Gort is no longer a Commissioner; long after Commissioner Sarnoff, et cetera, are no longer Commissioners, there's going to be people up there who might benefit from learning how we got into this situation. So it's not just enough to say, Well, we got brand-new people, so everything's hunky-dory, 'at least in our judgment. We should know, you should want to know, in my judgment, but I think the City should know why its auditors allowed the interest rate risk disclosures to be as they were. This will help the City better deal with auditors in the future. I have spent a good deal of my career defending big accounting firms in audit failures. I know very well that the quality of an audit depends tremendously on who is staffed to the engagement. Perhaps, the auditors did not have people with the sufficient expertise in governmental accounting standards and bonds to be able to recognize that there was a possible deficiency in the disclosure. Well, that's something that the next time a REP (Request for Proposals) goes out for an auditor -- and I've advised independent audit committees on public companies, you can't just simply hire XYZ National Accounting Firm and know whom you're going to get. It's not only important to know who the audit partner is; it's important to know who is going to work on the engagement, what level of people, what level of experience they have. And I'm willing to bet a dollar that the auditors who were involved in this case did not focus on this issue, not because they're bad people, but because they didn't have people with the right qualities of experience and sophistication. I base that on the fact the disclosures were City of Miami Page 86 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 made and the fact that I have some idea from my own experience about how accounting firms work. Where were the financial advisors? Did the financial --? Were they tasked to inform the City of the risks of their investments, even if they didn't necessarily advise on a particular investment? If not, should they have been tasked? And third, who were the securities brokers who sold these bonds to the City? I have defended and sued brokerage firms. The law concerning what the responsibility of brokers is pretty simple. If a recommendation is made, it's got to be a suitable recommendation, and that means it's got to be appropriate. On the other hand, if the City called up and said, 1' want to buy CUSIP (Committee on Uniform Securities Identification Procedures) number YXZ1234, meaning a particular Fannie Mae or Freddie Mac bond, then the broker's responsibility generally is less. So exactly what kind of orders were placed? Where did the impetus come from? Was it recommended to the City or not? If they were recommended, why didn't the broker say, By the way, if you load up on five-year bonds, watch out if interest rates go up? And that's something) think the City should know, because I think the City Finance Department, in deciding -- and the Commission -- how this process is going to work in the future should know as much as it can about how things can go wrong. Finally, we recommend that everybody in the City understand and respect the purpose of the Finance Department, which, according to the City's Charter, is to manage and invest public funds. Chasing yield carries inappropriate risks that threaten the liquidity and, at the extreme, the safety of City investments. The Finance Department should not be considered a profit center. It should be considered, in our judgment, a cost center. And therefore, pressure should not be put or expectations engaged in that the City's investments are going to earn just this much more money that can go to the bottom line without at least understanding whether that extra income imperils the first two goals which the investment policy says can't be imperiled; that is, safety and liquidity. And by the way, the -- I will close by saying the investment policy, which was approved by this body in 2007, was just a compilation of common sense rules. There's nothing in there that anybody could disagree with. It simply says, "Don't speculate with your money and keep it liquid so when you need it, you don't have to lose money in order to spend it." Thank you. Chair Gort: Thank you, sir. Your recommendation have been taken. Andl think we have been talking to the Finance Department and they have work with you all. Mr. Alfonso: Yeah, just -- Commissioners, I want to make a couple of statements that touch upon some of the points that were made. First, as he stated, the issue of the City Attorney having the authority to request outside counsel, they do. This year we worked together very well. We gave them a copy of the CAFR well ahead of time. They shared that copy of the CAFR with outside counsel. They reviewed the footnotes, et cetera, so that's been resolved. The ability of the department -- or the City departments to contract outside CPA assistance, if needed noted. Right now we have five CPAs on board. If we felt we needed outside CPA help, we could come to this Commission and say, Commissioners, we need assistance and we need some funding appropriated, 'and then it would be at the will of the Commission if we could appropriate those funds. In terms of interest rate risk disclosure, I think we have disagreed about this. I think if you asked three accountants who are CPAs the question about the disclosure footnote, there's good, there's better, and there's best. I think the consensus that we have is that the footnote disclosure was adequate. Could it be better? We can differ on that. Just to remove any doubt, this year we've made it better. We've changed the footnote in the way it is stated. Much like attorneys, I think you can ask a question of attorneys and get different opinions on an issue; I think CPAs are the same. So we've gone now to best'fnstead ofjust good'disclosure in terms of the footnote. The issue of some of the policies. We agree that the computation should definitely be based on the expiration date, and that is what we're doing going forward. We've also enhanced our monthly disclosures to now list all the bonds and specifically list not only the callable date but also the expiration date and the face value at -- not only the face but the current value of those bonds. So a lot of the things that happened in the '11 and '12 or into '13, we believe we have addressed. We've actually also made changes to the Finance Committee make-up, which we brought to -- I'm sorry, the Finance Advisory Committee inside the City of Miami Page 87 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 department, which we brought to the Finance Committee for approval in the past. The people advising internally in the department were the director, the assistant director, the treasurer, and they were all in the department. So when those positions were vacant, they had no advisory committee to speak of internally. Now, what we've done is we've spread it out. We have the Budget, the Finance, CD (Community Development), so there's different departments that have input, so I just wanted to put that on the record. And there's a characterization that's made about chasing yield. You know, I don't know what was in the mind of those folks when they were making those investments. I can tell you that from a budget perspective, if you look at the budgets of '11/'12 and '12/'13 and '13/'14, the expected yield from interest in those budgets consistently went down in terms of -- so we were, in the Budget, certainly not pressuring to generate more money from interests. We were certainly moving that expectation down. So those are the things I wanted to put on the record. Mr. Brodsky: Mr. Vice Chair, may I just respond to my friend, Danny? Vice Chair Hardemon: Absolutely. Mr. Brodsky: First of all, I want the Commission to know that -- I thinkl said this -- but it's more than true. It's more than an idle statement. Danny and Jose have been exceptionally cooperative with me, and we have worked very closely together. It may sound as if we have disagreements. I am withholding, for the benefit of the City, my own personal opinion as a securities lawyer as to the adequacy of the disclosure all over the years. You can draw whatever inference you want as to the fact that I'm withholding it, so we may or may not agree on that point. The City has learned; the City is doing a better job. The Finance Department is definitely doing a better job than what reviewed when we came upon these losses. The question thatl think remains for decision by the Commission is to whether or not it wants to look at the areas that I focused on to determine what lessons specifically about those vendor relationships it could learn, and it's in the -- the details that I used today were examples that are not in the report, but I spoke about centrally: Where were the auditors? What, if anything, was the financial advisor charged to do; and if so, if he was -- they were charged, where were they? And three, who were these brokers and what recommendations, if any, were made? Those are issues that are going to affect the performance of the City in its investments from now until Henry Flagler's 300th birthday. And so I would respectfully suggest that the Commission should consider whether or not it wants to direct the inspector general, or anyone else, to make that kind of investigation. Chair Gort: Thankyou. Mr. Brodsky: Thank you. Chair Gort: We really appreciate the work you did and -- Mr. Brodsky: Thank you. Chair Gort: -- I think we approve all the recommendation. Mr. Brodsky: Excuse me, please? I'm sorry. Chair Gort: My understanding, it was presented to us before, the requirements, what's being requested by the committee andl believe we all accepted, that it should be done. Mr. Brodsky: Well, good. Thank you. Chair Gort: Thankyou. Mr. Brodsky: Thank you very much. City of Miami Page 88 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 DI.4 14-00106 Department of Human Resources Chair Gort: Thank you very much. DISCUSSION ITEM DISCUSSION REGARDING A FICAALTERNATIVE PLAN. 14-00106 Summary Form.pdf 14-00106 Memo - FICAAlternative Proposal.pdf 14-00106-Xavier Gonzalez-eMerge Americas Marketing Presentation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 DI.4 was deferred to the May 8, 2014 Regular Commission Meeting. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Vice Chair Hardemon: I believe we're now on our P&Z (Planning & Zoning) items. Chair Gort: You're doing the PZ now? Barnaby Min (Deputy City Attorney): We will 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 P&Z 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. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0195 and Section 7.1.4.5 ofMiami 21. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application 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 do 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 objections of the requested action. Pursuant to City Code Section 2-8, any documents offered to the City Commission that have not been provided seven days before the meeting as part of this agenda materials will be entered into the City record at the City Commission's discretion. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. Anyone speaking on 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: Mr. Chairman, I apologize, butt have to leave. I have an emergency I have to take care of. City ofMiami Page 89 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Thank you very much. PZ.1 RESOLUTION 13-01416mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLE 2, SECTION 2.2.1.1 AND APPENDIX C, SECTION 627.1.3.2 OF THE MIAMI 21 CODE, AS AMENDED, FOR THE HYDE MIDTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 3401 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 347 FOOT, 32-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 400 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 80 LODGING UNITS, APPROXIMATELY 21,745 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 526 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO (FAR) BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01416mu CC MUSP Binder.pdf 13-01416mu CC 04-24-14 Fact Sheet.pdf 13-01416mu Analysis, Color Maps & School Concurrency.pdf 13-01416mu PZAB Reso.pdf 13-01416mu CC Legislation (Version 4).pdf 13-01416mu ExhibitA.pdf 13-01416mu Exhibit B.pdf LOCATION: Approximately 3401 NE 1st Avenue [Commissioner Marc David Sarnoff District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on February 19, 2014 by a vote of 11-0. *See supporting documentation. PURPOSE: This will allow the development of the Hyde Midtown project. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Hardemon Absent: 2 - Commissioner(s) Gort and Suarez Note for the Record: Item PZ.1 was continued to April 24, 2014 Planning and Zoning Commission Meeting. Vice Chair Hardemon: First item that we're going to be hearing from today is PZ.1. Is that --? City of Miami Page 90 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PZ.2 11-00380ap2 Todd B. Hannon (City Clerk): Yes, sir, that is correct. Mr. Garcia -- Mr. Planning Director. Francisco Garcia: Yes, thank you. Francisco Garcia, Planning & Zoning director for the record. Item PZ.1 is proposed to be continued today, sir, and the request by the applicants, I believe, is that they be continued to April 24, which is the next Planning & Zoning agenda. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded to continue this item. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Motion passes. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, AN AMENDMENT TO THE PREVIOUSLY -APPROVED "BRICKELL CITY CENTRE" SPECIAL AREA PLAN ("BCC SAP") PURSUANT TO ARTICLE 3, SECTION 3.9 AND ARTICLE 7, SECTION 7.1.2.8 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES GENERALLY LOCATED IN THE EASTERN PORTION OF THE BLOCK BOUNDED BY SOUTHEAST 7TH STREET ON THE NORTH, SOUTHEAST 8TH STREET ON THE SOUTH, THE 8TH STREET METRO MOVER STATION RIGHT-OF-WAY ON THE WEST, AND BRICKELL AVENUE ON THE EAST, MIAMI, FLORIDA; MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A"; THE ADDITIONAL EASTERN PORTION OF THE BLOCK COMBINES WITH THE ORIGINALLY -APPROVED "BCC PLAZA" TO CREATE THE "ONE BCC" BLOCK; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 67,620 SQUARE FEET (1.55 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 503,948 SQUARE FEET (11.57 ACRES); B) INCREASING THE RETAIL/ ENTERTAINMENT AREA BY 58,307 SQUARE FEET FORATOTAL OF 723,575 SQUARE FEET; C) INCREASING THE OFFICE SPACE BY 36,333 SQUARE FEET FOR A TOTAL OF 961,400 SQUARE FEET; D) INCREASING THE RESIDENTIAL COMPONENT BY 256 UNITS FORA TOTAL OF 1,400 UNITS; E) INCREASING HOTEL KEYS BY 120 FORATOTALOF 385 KEYS; AND F) INCREASING THE PARKING SPACES ABOVE GROUND AND BELOW GRADE BY 308 SPACES FOR A TOTAL OF 5,057 SPACES. THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 9,071,064 SQUARE FEET OF FLOOR AREA OR LESS THAN 25,197 SQUARE FEET OF CIVIC SPACE OR NOT LESS THAN 50,395 SQUARE FEET OF OPEN SPACE; FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE ADDITIONAL SELECTED PROPERTY FROM "T6-48A-O" URBAN CORE ZONE AND "T6-48B-O" URBAN CORE ZONE TO "T6-48B-O" URBAN CORE ZONE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; City of Miami Page 91 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00380ap2 CC 02-27-14 FR BCC SAP Binder.pdf 11-00380ap2 CC 03-27-14 SR Fact Sheet.pdf 11-00380ap2Analysis, Maps, Sch. Brd. Conc., PZAB Reso.pdf 11-00380ap2 CC Legislation (Version 3).pdf 11-00380ap2 ExhibitA.pdf 11-00380ap2 Exhibit B.pdf 11-00380ap2 CC 03-27-14 SR Exhibit C.pdf 11-00380ap2 Exhibit D.pdf 11-00380ap2 Exhibit E.pdf 11-00380ap2-Submittal-Neisen Kasdin-modifications proposed.pdf LOCATION: Generally Located in the Eastern Portion of the Block Bounded by SE 7th Street on the North, SE 8th Street on the South, the 8th Street Metro Mover Right -of Way to the West, and Brickell Avenue on the East [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell City Centre Project LLC, and Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* on to City Commission on January 15, 2014 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a second amendment to the Brickell City Centre Special Area Plan to add certain lands and authorize construction of a mixed -use building. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Hardemon Absent: 2 - Commissioner(s) Gort and Carollo 13440 Vice Chair Hardemon: PZ.2. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ. 2 and PZ.3 are companion items. These are the second amendment of the Brickell City Centre Special Area Plan. This is before you on second reading. I will make a very brief introduction, andl will defer to the Commission as to whether they prefer to have a prolonged presentation or perhaps a brief one. I will simply say for the record that we, as we did previously recommend approval, as did the Planning, Zoning & Appeals Board -- I will bring to your attention that there are a couple of amendments to both the regulating plan and the Development Agreement. These have been submitted as of late. We have reviewed and recommend approval of those, as well. And that is the only condition that we would add to the conditions already stated on the record. That's all I have by way of presentation. I'll answer any questions you may have. Vice Chair Hardemon: Mr. Kasdin. City of Miami Page 92 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Neisen Kasdin: Mr. Vice Chair, Neisen Kasdin, One Southeast 3rdAvenue; Akerman, LLP (Limited Liability Partnership), along with my partner, Spencer Crowley, representing Swire Properties. With us here today are a number of members of the Swire team led by Steve Owens, president of Swire Properties; and Chris Gandolfo, who is in charge of the Brickell City Centre Project; Ann Carter, from Arquitectonica, our traffic consultants and others. I think you are familiar with this project, and so it perhaps would be -- unless you would like us to have another presentation of the architecture and the planning behind the project to briefly summarize a couple of the items that have been further clamed and refined in the next -- over the last few weeks. Just to reiterate, this is the second expansion of the Brickell City Centre Special Area Plan. As you know, the first one was approved over two years ago. It is now well underway and in construction, representing over a billion dollars of construction here in the City ofMiami. It is, without question, one of the largest private construction projects in the United States today. Brickell City Centre was expanded to the south, the area between 6th Street and 5th Street, to include what is called North Square, and that was approved also by this City Commission, that first -- that expansion phase of the Special Area Plan. And now what is before you is the approval of a further expansion as Swire has acquired the property all the way to Brickell Avenue. It was the former Northern Trust Bank Building; the former Miami Today property. And in combining it with the Eastern National Bank property, which is immediately to the west and abuts the Metrorail tracks, that block, instead of having one -- or now is they could have two smaller towers -- they're having one tower which will be the marquee tower in the City ofMiami, One Brickell City Centre. It represents a building of 1,100 feet in height, 85 stories. It will have office, hotel, residential condominium, as well as retail. It will create a great plaza on the corner ofBrickellAvenue and 7th Street; an extension of the climate ribbon, which is the defining feature that ties together all of the five blocks now of the Brickell City Centre Project; new connections, as well, to the Metro Mover from the Brickell Avenue side. It is truly a magnificent project. The -- since the first reading, we have been working with City staff on three primary issues which we'd like to make note of for the record, and Francisco has mentioned two of those. First, we have agreed with City staff to strike the proposed Section 19 from the Development Agreement, which relates to the emergency management and are addressed in the City's Comprehensive Plan. Secondarily, we have agreed upon a revised public benefit statement, and the City is recognizing certain developer contributions as being eligible for public benefits which are allowing us to, instead of having two 48-story towers, have one monumental 85-story tower, which also affords the ability to have much greater public plaza on Brickell Avenue, as well as they're undergrounding the loading zone -- loading docks -- which is probably unprecedented, I think, for any building built in Miami, which enhances the public realm at the street level not only visually, but also creating great open space. Those benefits are listed, and we've distributed that condition to the staff and clerk for inclusion in the Development Agreement. In summary, the public benefits being provided by Swire for One Brickell City Centre total $35.6 million, which is almost three times the standard public benefits contribution. I would also note this, and you all have seen many projects in this City, you've approved many projects in this City. I've worked on many projects, many of the very best projects in this City and elsewhere. I don't think I have ever worked with a developer who has gone to greater expense at greater length to create a great project, not only that is enduring for their own economic reasons, but for great lasting benefit to the City. I mean, just think about it. They're putting over four blocks of parking under three City streets now; almost 2,000 spaces underground. What that does is it frees the ground level up and the area above the ground level. Instead of having a large parking podium, you have attractive, habitable space at the pedestrian level. The cars are taken off the street; the circulation is taken off the street; doesn't go to Brickell Avenue; circulates internally within the property. I don't know any developer or any development that has gone to that extraordinary length and cost; a tremendous benefit to this community. Another thing, one of the benefits that I think is of utmost importance: A lot of developments talk about being transit -oriented developments. This development is doing more than any that I know of to integrate transit into the project. As you know, the station, the Brickell -- 8th Street station is being integrated into the project. Not only that, they are rebuilding the station. Andl know Commissioner Sarnoff, who chairs the DDA (Downtown Development Authority) and been part of many discussions, constant City ofMiami Page 93 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 complaints about the state of the People Mover stations. This will be a magnificent People Mover station at great expense to Brickell City Centre, but an immense benefit to the public, including a plaza by the station that's being created and additional access to the station from 7th Street and from 8th Street; and now, with the addition of One Brickell City Centre, a new connection as well, through the project, right into the station, creating public access from Brickell Avenue, itself right to the People Mover. This is just an example of the extraordinary length to which they have gone to, to create -- and cost -- a great environment in this community and in this neighborhood. Finally, I would like to talk about a request of Commissioner Hardemon, which was with respect to the job creation and economic opportunity created by this project, and Swire is very proud of what they have done in that regard. The Development Agreement, which we have already entered into, requires Swire to consult with local and State economic development entities creating -- regarding job training and placement, services to the City residents seeking employment opportunities with potential employers which will locate or establish business on the project. Towards that end, Swire's executed a memorandum of understanding with the South Florida Workforce, which has resulted -- and this is what's really important, because many people make promises and enter into agreements with respect to job creation and job opportunities for residents of the City ofMiami. Brickell City Centre has done that, and done that in a tremendous fashion. The superstructure contractor, AMJV, joint venture; there have been -- almost 2,000 people have been hired to work onsite in respect to that element of the project. Seventy-six percent of those employed reside within Miami -Dade County, and of those, 44 percent, 662 reside within the City ofMiami. So the superstructure, itself has provided jobs for 662 residents in the City ofMiami. With respect to the contractor for the foundation, Turner -- and that foundation work, as you know, is extensive; they have to go down two levels; work under City streets to build the parking -- 544 people have been screened and badged to work onsite for Turner. In that element of the project, 58 percent reside within Miami -Dade County; of those, 70 percent reside within the City ofMiami; that's 222 employees. So of the -- some 2,500 construction jobs that have been provided to date, 72 percent are Dade County residents, and of those, 49 percent or almost 900 are residents of the City ofMiami. So I think it is fair to say there's probably no project underway in the City today that has provided more construction employment for City residents than has this project. Once One Brickell City Centre opens, we estimate there will be a total of 2,375 people permanently employed at One Brickell City Centre, and it is projected that these workers will earn more than $115 million annually. Finally, it is important to note that Swire is not obtaining any public funds or subsidy for any of the work that is being performed So, Commissioner Hardemon, I think that is a very good question that you asked, and we, of course, reviewed the numbers, which are well documented, and so the amount of employment and economic opportunity that has been afforded to the residents of this City is perhaps unparalleled for other private projects in recent years. With that, we are here, available for answering any questions you have, and -- but we would request your approval of this next phase of this magnificent project, which Miami should be so proud. Vice Chair Hardemon: Are there any other questions from any other Commissioners? Commissioner Sarnoff. I'll make a motion as amended. Vice Chair Hardemon: It's been properly moved as amended by Commissioner Sarnoff . Commissioner Carollo: Second. Vice Chair Hardemon: And seconded by Commissioner -- Commissioner Carollo: As amended, and the only -- Vice Chair Hardemon: -- Carollo. City ofMiami Page 94 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: I'm sorry. Vice Chair Hardemon: Go ahead. Commissioner Carollo: The only statement) have to make is similar to what) made with regards to in the first hearing, was with regards to transportation; other than that, I don't have anything else. Vice Chair Hardemon: I have a few items I'd like to discuss. I appreciate you giving me the information regarding what you just spoke about. However, in your -- in some of the -- in the report that you gave, it said that you had research that indicated that you have participation from SBE (Small Business Enterprise) certified, CSBE (Certified Small Business Enterprise) and other stated or DBE (Disadvantaged Business Enterprise) firms, but you didn't indicate any percentile or anything of the nature, the numbering, how many of those people there were. Do you have that information, or was -- why was it that you didn't include any information there? Mr. Kasdin: I don't know, Commissioner, that we have that information. What I do know is that we were able to determine that there are SBE and minority contractors working on the project. Vice Chair Hardemon: So how is it that you would go about determining that there are some? I mean, because you're saying that there are some, but we didn't finish the research, so we don't have the number, or what was it? Mr. Kasdin: I'll allow Spencer Crowley to address it. Vice Chair Hardemon: Okay, thank you. Spencer Crowley: Good afternoon, Commissioners. Spencer Crowley, One Southeast 3rd Avenue for the record. Until your request last month, that information hadn't been sort of tabulated and tracked. We -- of course, Swire is hiring the contractors who are then hiring subcontractors and the other firms. We went out and talked to our contractors, AMJV and Turner. They were able to give us the information about, you know, those -- a few -- the specific firms that are listed, the types of firms, but we don't have the numbers yet; we're still compiling the information. We can give that to you shortly, as soon as it's tabulated. And -- Vice Chair Hardemon: Thank you very much. Mr. Crowley: Sure. Vice Chair Hardemon: Additionally, any time that we're encroaching upon the public -- well, we're encroaching upon public right-of-ways [sic], we know that there's a user fee that is generated, right? Part of the language of -- I believe it's PZ.4 -- speaks to -- no, PZ.3 speaks to that the agreement says that there is no user fee that would be given or assessed to Swire, and so that's part of my concern there. I know there was a statement earlier that there's no public subsidies to do the work, however, the user fee -- One: How much in user fees is the City of Miami giving up to Swire by making this action? And then, two: What do you typically use the user fees for? Mr. Crowley: I can answer that, Commissioner, if you'd like. Specifically, the user fees that are charged by the City ofMiami are in relation to Swire's use of Southeast 6th Street, which is the only City street within the project. There are other rights -of -ways [sic] which Swire is encroaching upon -- South Miami Avenue, which is a County right-of-way, and FDOT (Florida Department of Transportation) has the right-of-way for Southeast 7th Street. So in the case of Southeast 6th Street, we've come before this board. We've had easements approved by this board, which require us to pay, in total, $1.3 million for the use of that public right-of-way. So we are City ofMiami Page 95 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 definitely paying fees for that, for the use of that City right-of-way. Vice Chair Hardemon: But -- Mr. Crowley: That's already been approved by the Commission and it's -- I think we've actually made a payment already to the City. Vice Chair Hardemon: So then my -- for clarification, then, the user fee that we're not including specifically was indicated within this agreement that we're not assessing to the property owners. Are we not or are we assessing the user fee? Mr. Cruz, please, one second, please; move to the side one second, please. (Comments made in Spanish not translated). Mariano Cruz: Yeah, go ahead, go ahead, I didn't see you. Alice Bravo (Deputy City Manager/Chief of Infrastructure): I'm sorry, Commissioner, I got the last part of the question. Vice Chair Hardemon: So within the agreement, it talks about a user fee that is not going to be assessed to the property owners, per the agreement. And so any time there is an encroachment upon the public right-of-ways [sic], there is a user fee that should be implemented. My first question was: What was the cost of that user fee in relations to this property? And then, two: Because of the statements that were made by -- what's your name again, sir? Mr. Crowley: Spencer Crowley. Vice Chair Hardemon: Okay. -- Mr. Crowley, the -- his statement was that there are user fees that were paid. One may not be the other; one may be apples, one may be oranges. So I'm trying to figure out the fee that is -- that we are not going to be assessing here. What is that fee? Ms. Bravo: Well, the user fee associated with the right-of-way at 6th Street for the easements -- First, there's a lane closure fee for the actual construction of the underground connections. And then there's the easement that they're paying for, for the actual elements that they're building to remain over and under the public right-of-way. So that was handled last year, and was approved by the Commission, both the easement and -- so they're paying roughly $770, 000 in easement amounts, and another approximately $500, 000 for lane closure that goes into a Public Works maintenance fund. Vice Chair Hardemon: So then by this language that we're adding here where we're -- they're not paying the user fee, are they entitled to a refund of those dollars? Mr. Crowley: Can you -- Commissioner, if you -- could you just point us to the -- Vice Chair Hardemon: Where the language is? Mr. Crowley: -- section you're referring to? Vice Chair Hardemon: I believe it is included within -- if you look at page 7 of the agreement, and I'm under PZ.3 right now, let me see; Section `B, " that's where -- construction of encroachments. And if you look at Section `B, " the second paragraph, it reads: "Notwithstanding the requirements of Section 55-14(c) of the City Code, the City is to be" -- Mr. Crowley: Okay, yeah, I got it, I got it. Vice Chair Hardemon: -- any and all claims to payment of a user fee in connection -- City of Miami Page 96 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: Okay, thank you. Vice Chair Hardemon: -- "with the construction of the aforementioned encroachments into the public rights -of -way." Mr. Crowley: We're -- we've already paid that fee, so if you -- Vice Chair Hardemon: So if we struck this -- Mr. Crowley: -- could strike that, if you would like. Vice Chair Hardemon: -- language in this, it wouldn't be a problem then? Ms. Bravo: Not from my perspective. Vice Chair Hardemon: And for the maker of the motion and -- our seconder is not here -- but for our maker of our motion, is that a friendly amendment that you're willing to make? Commissioner Sarnoff. That's fine. Vice Chair Hardemon: And if we could have Commissioner Carollo step into the room, please. Commissioner Sarnoff. Maybe I could withdraw the motion, and then remake a motion. Todd B. Hannon (City Clerk): Yeah, that is correct, Chair, if he -- Commissioner Sarnoff. No, no, don't go get him. Vice Chair Hardemon: Don't go get him then. Commissioner Sarnoff. So I'll withdraw my motion; I'll then make a motion as modified with the friendly amendment. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded that we accept or we approve this document with the amendments, and that is PZ.3 -- well, I mean -- I'm sorry; we're on PZ.2 now. Mr. Hannon: We're on PZ.2, and Mr. Planning director, that is correct; the modifications that we are discussing now are only for item PZ.2. Mr. Garcia: I'm sorry, to clarify, the comments recently made are modifications to the Development Agreement which is before the Commission as part of item PZ.3. Vice Chair Hardemon: PZ.3, okay. Mr. Garcia: Yes. Mr. Hannon: So then there are no modifications right now for PZ.2? Mr. Garcia: Not as a result of the comments recently made; however, previous comments made that affect -- Mr. Hannon: Correct, correct. City of Miami Page 97 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Garcia: -- PZ.2 stand, please. Vice Chair Hardemon: Okay. Commissioner Sarnoff. The record still clear for you? Mr. Hannon: Getting there. Vice Chair Hardemon: Okay, so then let's clam. Before us we are on -- Mr. Hannon: Chair, I do understand; my apologies. Yes, I understand that there were -- previously, there were comments made that will modnj, PZ.2. The last comments made will modify PZ.3. Vice Chair Hardemon: Okay, that's fair. And at this point, I want to open up the floor for public comment. Mr. Cruz. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am not being paid by Swire Properties or anybody. I come on my own, on my own, and) can do whatever I think, 'cause I get paid by the federal government. Listen, I know the neighborhood, because I used to visit there in the '60s and the '70s; 726 South Miami. I used to be driving for Diamond Cab 546, and Rafael Ellis used to live at 726 South Miami; I used to go over there. And then the old 7-Eleven, all the different store, the (UNINTET,T IGIBT ,F) north of that is the (UNINTELLIGIBLE), Tobacco Road. But that was all rooming houses. I don't know if they were paying any taxes at all. And in a way, I like to see that property coming, because they will be paying the tax I don't pay to the City, 'cause I am exempt of paying. Being in service, collecting disability veteran, I don't have to pay taxes, ad valorem taxes. So they will be paying all what I don't pay, and some of that money will go to the federal, and they will send me the check every month. Thank you. Vice Chair Hardemon: So tell them "thank you. " Is there any other public comment? Ms. Holmes. Renita Holmes: Thank you, Commissioners. It's a long evening and a long day, but in the interest -- I want it to stay easy. This 8th Street to the north, that's Northwest 8th Street -- Southwest 8th Street, I'm sorry. Great job, big job; it juts into my neighborhood. My guys, particularly those that live in the building, and now, many of my girls are just graduating from some of the local trainings, and the work piece is so important. Is there a monitoring effort, or is there -- are we absolute on that? Because I always, like I say, foresee the issues that come about. It's a major project, has a lot of impact on my people in Little Havana; my construction workers; my temp workers, who aren't with the ILA (International Longshoremen's Association), who have not got out to the port. I really need to ask, who is the person in charge of assuring that the workforce outreach is culturally competent; that the conversations or the applications with the human resource cover those great work programs that we have local? Can someone address that for me now? Vice Chair Hardemon: Thank you very much. Mr. Fernandez. Ms. Holmes: Oh, and) wanted to say, because quite often, when we've been out there in Brickell, we do have some advocacy. We have a bunch offolks that are saying that they're union advocates and that they're assisting these guys, and then some folks have even taken fees, and, you know, I'd like to verin, that, because it's on the record, and that's the real reason why I'm asking. A lot offolks are saying they're representing workers, taking monies and fees, and they ain't doing nothing on these jobs, so it would be nice if we'd be able to meet each other, you know, and deal with the (UNINTET,TIGIBT,F). And the neighborhood local workforce is something that the County is doing; it's something I want to make sure you're doing, especially City of Miami Page 98 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 on such a great project. We're right down the street. Vice Chair Hardemon: Mr. Garcia. Mr. Garcia: Yes, sir. I'd like to answer by saying that we understand that there are a number of requirements, different requirements that are part of the Development Agreement that will be executed over time, and that compliance with these items will require monitoring on the part of the City. The Development Agreement itself provides for a frequent gathering between developers, other affected parties and the City, as well, to monitor the proper implementation of each of the conditions of the Development Agreement, and it is as a part of that process that we will continue to find them in compliance to the extent that they are, or bring them into compliance and discuss those terms with them if they should not be. What I have to say as well is that over the last -- I guess almost two years now that they've been under construction, they've certainly lived up to every commitment they've made and every term that is contained in the Development Agreement, and we have no reason to believe that they would do otherwise. Ms. Holmes: Yes, and I've seen it just overall, you know. That -- Vice Chair Hardemon: Let me make a statement before you -- Ms. Holmes: May I ask through the Chair? Go ahead. Vice Chair Hardemon: Let me say something. Ms. Holmes: Yes, sir. I apologize. Vice Chair Hardemon: And I want to be very clear, for these items -- we're on PZ.2 and PZ.3 -- I opened the floor for public comment. The comment right now is for PZ.2 and PZ.3, so if you wish to discuss PZ.2 or PZ.3, the time is now. Those of you, such as Mr. Cruz, that have discussed PZ.2, I will give you an additional two minutes if you -- those -- if you require as of right now. But after public comment has closed, I will not be opening it up again for PZ.3 by itself, so you can continue. Ms. Holmes: Well, as we talk aboutPZ.3, as a whole, andl notice that there have not really been that many women, because a lot of women come through and they pass through our office in the CWP (Community Workforce Program), and like I said, there were complications. Andl always ask the women -- andl do take pictures, they don't lie -- that have not. Quite often, what has not happened in the years to come regarding these projects, sir, is that we may not have to do things, and then we may begin to say we're going to do things, and when they talk about new hirings on these positions, they normally don't have any new hires, because somewhere, someone has shifted someone from that hired position to the not hired. And normally, when we do monitoring and oversight, by that time, the work is done. So I've got a single mom who does construction already, or a young lady that does construction that's out of a job, 'cause the other guy got into position, slipped in. Monitoring is done after, and thus, the economic impact and the benefits is not there, because this continues to be a pattern or practice. May I, may I ask the gentleman who specifically it is at this point, instead of going through chains of receptionists, and, "Oh, well, you call back, " and "Oh, they're out of town, Madam Holmes," or go onto the site, and then when you go onto the site, it's not safe. These are the things I go through in oversight. Vice Chair Hardemon: Understood. Mr. Garcia. Mr. Garcia: Yes, thank you, and Ms. Holmes does well to press us on the issue, because I don't think was explicit enough in saying that we in the Planning & Zoning Department hold ourselves to be the responsible entity to monitor the proper implementation of the Development City of Miami Page 99 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Agreement. We certainly reach out to other City departments and other agencies to the extent that their expertise is needed, but ultimately, we are the repository of the Development Agreement, and we are the overseers of said document. Vice Chair Hardemon: And Madam Holmes, I will say that was one of the things that we discussed earlier in the meeting; having to improve upon the processes that we use to really qualify the information that we're receiving. Ms. Holmes: Right. Vice Chair Hardemon: So that's what we're doing. Thank you very much for your time. Ms. Holmes: I just -- Vice Chair Hardemon: You want -- something to close? Ms. Holmes: Just -- yes, in close, just -- this is why public -private partnerships are important on projects, you know, but having culture competent -- we have needs that you're determining that is mentioned to fill the gaps, and this is why that is so important. It's just thatl want to make sure -- I don't have 25,000 bucks to talk about certain projects that fit in, but that's something you need to address. But I'd like to make sure that we enhance the opportunity for women construction workers, and laborers, architects, and designers to be involved, because I don't believe you're assessing that pool of us great additions to the community, and great labor force workers. We really need to have that direct conversation in that good 'ole boy office and I'd like to extend a hand shake to you now, as well, to get that done. Vice Chair Hardemon: Thank you very much, Ms. Holmes. Is there any other person here for a public comment? Seeing no other person for public comment, I'm going to close public hearing at this time. There is a motion on the floor for the adoption, as amended, for PZ.2. Is there any further discussion from the dais? Not seeing any further discussion, all in favor, indicate so by saying -- Mr. Hannon: Chair. Vice Chair Hardemon: Yes. Mr. Hannon: Madam City Attorney. Vice Chair Hardemon: Oh. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.2. Commissioner Suarez? Commissioner Suarez: Si. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. (Comments in Spanish not translated). Mr. Hannon: I think our transcribers might have a tough time spelling that one. And Chair Hardemon? Vice Chair Hardemon: For. City of Miami Page 100 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. Vice Chair Hardemon: All right. Victoria Mendez (City Attorney): And just to clam for the record, those were ` yes. ' Commissioner Suarez: Mine was a yes." His was "definitely." Commissioner Sarnoff. Mine was "of course." Commissioner Suarez: "Of course, " right; "of course"; it's a better translation. PZ.3 ORDINANCE 11-00541da1 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES TO THE PREVIOUSLY -APPROVED BRICKELL CITYCENTRE SPECIAL AREA PLAN ("BCC SAP"), TO EXPAND THE BOUNDARIES TO APPROXIMATELY SOUTHEAST 5TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH, BRICKELL AVENUE TO THE EAST, AND SOUTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 500 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 18; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 1,049 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR THE FIRST AND SECOND AMENDMENT PROPERTIES, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00541da1 CC 03-27-14 SR Fact Sheet.pdf 11-00541da1 CC Legislation (Version 2).pdf 11-00541dal CC 03-27-14 SR Exhibit A (Development Agreement).pdf 11-00541dal-Submittal-Neisen Kasdin-modifications proposed.pdf LOCATION: Approximately SE 5th Street to the North, 8th Street to the South, Brickell Avenue to the East, and SW 1st Avenue to the West [Commissioner Marc David Sarnoff - District 2] City of Miami Page 101 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will allow the second amendment to the development agreement of the previously -approved Brickell City Centre Development Agreement. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Hardemon Absent: 2 - Commissioner(s) Gort and Carollo 13441 Vice Chair Hardemon: (UNINTELLIGIBLE) call our attention to PZ.3. Victoria Mendez (City Attorney): An ordinance of the Miami City Commission -- I'm sorry, we need to take the vote. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Vice Chair Hardemon: It's been properly moved and seconded, and this is as amended, correctly [sic]? Yes? ToddB. Hannon (City Clerk): Yes, sir. Vice Chair Hardemon: No? Properly moved and seconded that we approve this item. Any discussion? Commissioner Sarnoff. Yeah, let me just say something, 'cause this is I guess that time of the evening when everybody's a little bit jovial. This is no longer a $1 billion project. This is a $1.15 billion project, and the class of people that are performing this project, Swire, are second to none. And if you've ever been to the site, if you've ever looked at the way they do things, the means and manner in which they conduct themselves, you know, this City is just damned fortunate to have Swire in it, because Swire makes us a better city by far. It elevates every other contractor. Every other developer in all of South Florida looks to Swire to set the standard, and then they try as best they can to come within -- as close as they can get to Swire's standard. So we take them for granted; sometimes, we don't treat them that well, but there are probably 49 other cities in America that would do everything they could do to attract Swire, including handing them land free of charge. So to Swire, I just want to say this categorically and unequivocally: My hat's off to you, and thank you for thinking so highly of our great city. Vice Chair Hardemon: And I'd like to make -- Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Hardemon: -- a statement really quickly, also. And the Commissioner is probably correct; there are people in cities that would give their land away. We know that doesn't work too well in the City of Miami, but ) say in regards to the amendment or the modification I made City of Miami Page 102 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 earlier, part of what we do is just to make sure that we're aware of everything that's really happening, 'cause they say it all the time, "The Devil's into details. " And, for instance, the statement that the user fees were previously paid, we don't know; we don't know exactly where they are. The financial impact of one small statement could be great, and in the City ofMiami, I mean, I think we're charged with that responsibility of ensuring that because you're making this investment, we do all that we were charged with doing, and the Code spells it out. So I just want to make sure that any time that there's something that's against the Code that we're aware of it here. And the money may be miniscule; I don't know, I don't know what that number is. That's why I asked of it earlier. But it's the principle in making sure that what we've agreed to is what we meant to agree to, so that is all. Neisen Kasdin: Commissioner, ifI may just say -- privilege. I can tell you that when I was first elected to the City Commission, I, too, read the agendas much more carefully than I did 10 years later. So you're doing your job for your citizens, and we appreciate that. Vice Chair Hardemon: Thank you very much. Roll call -- well, we need to read it for -- the -- Mr. Hannon: Yes, sir. Vice Chair Hardemon: -- ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. Vice Chair Hardemon: Thank you. PZ.4 ORDINANCE Second Reading 13-00866Iu 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. City ofMiami Page 103 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 13-008661u CC 03-27-14 SR 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 13-008661u-Submittal-Dean Lewis -Zoning Waiver.pdf 13-008661u-Submittal-Ben Fernandez.pdf 13-008661u-Submittal-Ben Fernandez -Analysis for future Land Use Request.pdf 13-008661u-Submittal-Ben Fernandez -Backup Documents.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". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13442 Vice Chair Hardemon: Moving on to PZ.5 -- oh, I'm sorry -- PZ.4. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Items PZ.4 and PZ.5 are also companion items. They are a land use change proposal and a zoning change proposal for a property at approximately 5445 Biscayne Boulevard. The land use component of this proposal is a change from single-family residential to low -density restricted commercial, and the zoning side of it is a change from T3-R to T4-O, as proposed. I will tell you briefly that our recommendation is for approval. The applicant has submitted a covenant that has been submitted to you, as well, for your review. It is based on the covenant proffered by the applicant that our recommendation has changed from originally "denial" to presently "approval." I'd like to add to the record that the Planning, Zoning & Appeals Board considered this item on September 18, 2013, and they voted to recommend approval to this board by a vote of 7 to 3. Likewise, I'd like for the Commission to consider that a change to a zoning of T4-L would essentially accomplish the same objective and would be preferable to us than T4-O. I would encourage you to discuss that if you see fit. We'd certainly prefer that it go to T4-L, andl don't think the applicants are opposed this. Lastly, I would like to make a brief statement that I know that questions will come forth, which we are prepared to address, that the development of the subject parcel, as proposed by the applicants and subject to the covenant, will result, in our opinion, in a significant improvement of the subject property that is very much harmonious with the abutting properties, and frankly, we see it as a best -case scenario for development. Again, I anticipate there will be questions; we are prepared to answer, andl will yield to the applicant for further information. Thank you. City of Miami Page 104 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Mr. Fernandez. Ben Fernandez: Good afternoon. Vice Chair Hardemon: Do you have a button? Do you have a button? No? Commissioner Suarez : You got to push the button. Vice Chair Hardemon: Oh. Mr. Fernandez: Thank you. Sorry. Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here today on behalf of the applicant. This is the second reading of this application, and between first and second reading, we had further meetings with your Planning Department representatives, as well as your Law Department, and we have added additional provisions to the declaration of restrictions, the covenant that we would like to proffer in relation to this application, which I think provides additional assurances that this is going to be a very positive project for the Morningside area, and that it will contain the adequate protections necessary to ensure that it is compatible with the surrounding properties around it. And what I'd like to do is distribute a copy of this to you all. So the covenant contains several provisions. The first provision is that the only T4-O use permitted on the property shall be residential uses allowed as a matter of right and parking to serve the commercial parking -- the commercial areas to the west. The second condition is that there shall be no vehicular ingress or egress to the T3-R areas to the north and the east of the property. Following that, there's a condition that there be a minimum 20-foot setback provided from the properties east and the north property line, which is much more than what the Code would require under the current zoning. Landscaping is also required within the setback area to include shade trees. Written approval is required of the landscape plan from the Planning director prior to the issuance of a building permit. The owners will also maintain the landscaping, et cetera. The property must be developed within two years of the expiration of the appeal period for appealing the zoning change. If a building permit is not obtained within that time frame, then the property -- the applicant will apply to have essentially the zoning revert back to its current zoning. And then there's the ability the owner has to develop the property by right under the current zoning should the -- for whatever reason the plan not be able to come to fruition. We want to make that clear; that's always an alternative that the property owner has, but the owner is willing to abide by all of these conditions in the covenant today. So with that, we're here to answer any questions that you have and we'd reserve time for rebuttal, if necessary. Thank you. Vice Chair Hardemon: At this time, I'm going to open up the floor for public hearing for both items PZ.4 and PZ.5. I'm opening it for PZ.4 and PZ.5, so if you do not speak for your public hearing for PZ.4 and PZ.5, when we get to PZ.5, you will lose that right. Go ahead, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I decided to stay here today and see what -- look at the agenda, that's what I think. But I work in the late '70s and early '80s, I work out of the Buena Vista Post Office, 70 Northeast 39th Street that covered the 33137 ZIP (Zone Improvement Plan) Code there. And all this is neighborhood. The east side there on Biscayne Boulevard used to be small motels there, commercial. In both side of the boulevard, you got commercial property there, so I think it will be the best to have continuous there. That's the way it is, because you go there, there a lot of motel, all different little motels there, 'cause I deliver the mail there, so I am talking about being there; not because I read it in a piece of paper, just being there, that was everything that been commercial there for years and years and years. And you go to the west side, you got a lot more commercial all around there. And you go to the other side, you got that Soyka Restaurant, everywhere around there. So that's the way it should be. It is nothing in my front yard or back yard; it is the way it should be. Thank you. City of Miami Page 105 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Thank you. Yes, sir. Announce yourself for the record, please. John Chien: Good evening. My name's John Chien. I live with my wife and toddlers at 425 Northeast 55th Street. Vice Chair Hardemon: Speak into the mike for me. Mr. Chien: Yes. I'm sorry. My name is John Chien. I live with my wife and two toddlers at 425 Northeast 55th Street, which is directly across the street from this property. I've had a preliminary conversation with an attorney as per Florida Statute 163.3215. I'm appearing today in person to place on the record my strong opposition as an affected and aggrieved party to this land use and zoning change for the reasons your Planning Department has stated in analysis. Specifically, it is inconsistent with the Comprehensive Plan. And that Comprehensive Plan policy violation is HO115, quote: "The City will continue to enforce and, where necessary, strengthen those sections of the land development regulations that are intended to preserve and enhance the general appearance and character of the City's neighborhoods and to buffer such neighborhoods from incompatible uses," end quote. I hope I don't have to make that argument in court, but we are prepared to do so ifI have to. No single-family home should have commercial zoning placed in front of it. To do so is a violation of standard planning and zoning practice, which is completely unnecessary in this case. There's no legal basis to just this up -zoning. This is simply a case of the developer wants it. I read the transcript of the first hearing, andl understand your motivation. You want a building on the vacant lot on Biscayne Boulevard. So do I, but commercial property can most certainly be developed without having to up -zone the residential property behind it. This property was purchased in 2003 when prices were much lower in the commercial portions now eligible for TDR's (Transfer Development Rights), so there's no need to change the zoning to assist them economically. And please remember, the reason this land is vacant is because the property owner demolished the previous building, so this is a self-created situation. I'm also very disappointed that the Morningside Civic Association Board voted 6 to 3 to support this up -zoning. No one on Morningside Board lives in front of this up -zoning; we do. I have been betrayed by the Morningside Civic Association. I hope this Commission will respect the residential zoning of the Morningside Historic District and the integrity of my home more than they did. Please deny this land use and zoning change. And lastly, I have an important question for staff through the Chair, ifI may? Vice Chair Hardemon: Yes, sir. Mr. Chien: Okay. The proposed legislation at Section 3A says that this Comprehensive Plan change is necessary due to changed or changing conditions. What are those changed or changing conditions, and how do they make the Comprehensive Plan change necessary? Vice Chair Hardemon: Thank you very much. Yes. Mr. Garcia: Would you like me to answer? Vice Chair Hardemon: You can address it, yes. Mr. Garcia: Yes, and I'm happy to do so. And so the proposal in question requires the zoning change that they are applying for, and so I think that's -- that speaks for itself. But for the change being requested today being approved, they will not be able to move ahead with the proposed development of the site. The development project proposed requires a change, and that is why the matter is being heard today. Mr. Chien: Okay, and how about -- you also stated that, you know, the developer is -- has agreed to a covenant, but are those covenant -- are the conditions reversible in the future? City of Miami Page 106 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Mr. Garcia, please. Mr. Garcia: I'm sorry; which conditions, sir? Mr. Chien: The conditions that -- you know, the developer has agreed to different, you know, conditions, you know, they could put into the covenant, but are those -- is the covenant reversible in the future? Mr. Garcia: The terms of the covenant are enforceable. The terms of the covenant restrict the project that is being proposed and attached to the covenant. The terms of the covenant themselves could be modified. In order for them to be modified, they would have to go essentially through the same process, and they would have to come back to the City Commission for a hearing, a public hearing. Mr. Chien: Okay, so it's possible to undo that? Vice Chair Hardemon: Yes, sir. Mr. Chien: Okay, so what if the land -- if I may? Vice Chair Hardemon: Sir, I'm sorry, but your time has expired -- Mr. Chien: Okay. Vice Chair Hardemon: -- unless there is a will of the Commission to extend his time. Seeing none -- well, you know, through the Chair, in the sense of the Chair, I will give you an additional question if you'd like to ask, considering that you are directly abutting the property, so feel free. Mr. Chien: Thank you, thank you. Vice Chair Hardemon: You're welcome. Mr. Chien: So my other question is that what if the land is up -zoned and, ultimately, it's not -- the project is not developed and it's sold to another developer? Vice Chair Hardemon: Mr. Garcia. Mr. Garcia: I believe the covenant, as revised, contains language that indicates that should this project not be built within two years subject to the conditions and restrictions of the covenant, then the zoning of the land will revert back to its current status, which is single-family residential. Vice Chair Hardemon: Thank you very much, sir. Any other persons for public comment? Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Gentlemen, Florida Statute 163 requires all land use and zoning changes to be consistent with the Comprehensive Plan. The handout I've given you shows the Planning Department's thorough analysis of this application which found it inconsistent with the Comprehensive Plan on at least four counts with a recommendation of denial. For the record, that analysis was not presented to you in full during the introduction. You heard Mr. Chien make a solid record here today, and he'll likely appeal to the courts under Florida Statute 163.3215 with his primary evidence being that City ofMiami Planning Department's analysis, in which it clearly states that this land use change is inconsistent with the Comprehensive Plan. Commissioners, our City Attorney has far better things to do than to defend the City against an appeal in which the City's own staff has provided us substantial competent evidence that proves a violation of the Comprehensive Plan. Now, please know that I, City ofMiami Page 107 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 like everyone else, want a building on the vacant commercial land. I am completely in favor of a zoning -compliant commercial building being built on that commercial land. I met with the Planning director about this issue, and the first question I asked him was, "Can a building be designed on this land that complies with all the current zoning?" He said, "Yes, absolutely." But you have purposely not been shown such a building. Please consider the possibility that you are being misled. Please know that the desire to enhance economic success is not an acceptable reason to allow a zoning change. If it was, the whole City would be subject to constant up -zonings of single-family residential to commercial. However, if you do decide to grant this up -zoning, I urge you to require compliance with all the other zoning regulations, as both Commissioner Sarnoff and Director Garcia advocated at the first hearing, especially the 10 foot side setbacks. Vice Chair Hardemon: You have an additional -- Mr. Cruz: Please -- Vice Chair Hardemon: -- two minutes, just letting you know. Mr. Cruz: Thank you, sir. It is the two items. I appreciate that. Please do not be swayed by the applicant's argument that because this street is barricaded against cars, the setback laws should not apply. Setbacks are very important, as that street would still have pedestrians, and the required 10 foot setbacks allow for landscaping that would enhance this project and the public realm. Moreover, Miami 21 only allows a 10 percent adjustment of the setbacks by waiver. So even if granted, that would still require a nine foot setback; not the zero side setback they have drawn. Mr. Chien andl are before you simply asking the City to enforce City and State laws. We are not asking for special treatment. We are asking you to respect and protect a long-established historic single-family neighborhood from an intrusion of commercial zoning. There was question as to whether this property is in the Morningside Historic District. The last page of your handout shows the property in question has been in the Morningside Historic District since it was established in 1984. Please do not expose the City to a lawsuit that it would likely lose. Please do not waste everyone's time and money in the process. Please protect the integrity of Miami's first historic district, and please deny this land use and zoning change. Lastly, I have a question for the Planning Department through the Chair. Your initial recommendation was emphatically for denial, but you now recommend approval. Did the covenant cause that change, and if so, is there anything in the zoning laws or Florida Statutes that allows covenants to be used to supersede the Comprehensive Plan? Vice Chair Hardemon: Mr. Garcia. Mr. Garcia: Thank you. I will answer the question by saying that, yes, as I stated in my presentation to the Commission, the covenant has revised a number of times, and its content has changed the recommendation of the Department, because we feel that upon observance of the terms of the covenant, the project can be developed and will result in a harmonious situation with the context within which it will be found So the answer is emphatically yes. The covenant makes all the difference as proffered by the applicant. And as to the second question, we do not feel that the covenant necessarily preempts or otherwise alters the Comprehensive Plan. The Comprehensive Plan stays as is; its principles stayed firm. The Comprehensive Plan, obviously, as well as the Zoning Ordinance, contemplate the possibility of the change of zoning on any given property. That is the process that we are presently going through. The Commission has been presented evidence that they would do well to consider to, as they see fit, approve or deny said request. And our recommendation presently to the City Commission is that they would do well to consider the approval of this land use change and zoning change, for doing so would result in the best development scenario for the subject property that we have been presented with. And we, once again, I emphasize, believe that the result will be harmonious with the adjoining area. City of Miami Page 108 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Thank you very much, Mr. -- Mr. Cruz: Thank you, sir. Renita Holmes: Hello, citizen Holmes here. Commissioner, Renita Holmes. This area I know pretty much. There was a doctor office that was there a long time, and even the doctor's office was -- it -- allow me. I mean, I'm 53. I hear -- see Commissioner Sarnoff shaking your head, adjusting to it -- not right there, but in the neighborhood, because it's a neighborhood; it's not just -- and the neighborhood -- 'cause before all of this began, pretty much was a residential neighborhood, and it still is, behind that big wall of growing demand from developers. But what we have not looked at is -- and they've made the statement about Comprehensive Master Plan. I don't believe that we should continue to set precedence, and now, everyone that comes back is going to say, "I'm going to make a covenant." But how does that usurp or circumvent citizen participation? Andl respect you highly, Mr. Alfonso, when we say that we have had sufficient information, but sufficient information and input from whom? We always have more -- an imbalanced amount of information given by developers, and those who are there, they can go back and do things, but citizens that are affected who do not feel that it's so harmonious, who have not had a fair time to do their input -- we have one or two here -- look at the timing of this zoning, andl don't even know if notification has been given to them now according to the Florida Statutes. I'll be leaving on April 4 to go to Tallahassee, and that's one of the things that we have on our legislative process; to talk about these Comprehensive Master Plan changes that occur here, the City as well as the County, but the lack of participation of the community associations. The people that voted for this to occur are not from that community, although they may have been appointed directly, and those that are, are of another income level, so their perception of "harmonious" is not when we're saying that we're getting what we want, but keeping what we have." And like I said, this setting precedence, I'm very concerned andl would adjoin, but these are increasing traffic, increasing business, although it's low. Like I said, we haven't been comfortable. Any process can be changed. Any covenant can be amended. And we'll keep hearing that, "These people think so, but these people don't know. " And my taxes are going up. Every time we put something new, my taxes are going up. So my question is -- I didn't have much of an opportunity to take a look at the financial impact or the environmental impact of changing and initiating this low density commercial into this resident. It's already -- I can tell you now, on 54th Street and beyond, and the children that play outside, they have no play area; none on that side. So my problem is, is that it's not very friendly already to the single mother head of households in there, and the senior persons there, and those in the community that really speak a different language and aren't that well represented on this side, and that the input -- I don't see that as being harmony and balance. I'm concerned; where is the financial impact, the environmental impact, and the documented local participation according to the umbrella rule of that statute, as well as this one that we're adapting? Seems that we're more accommodating to the commercial businesses and developing contracts than we are to the people, and I'm just sick and tired of seeing a whole lot of this happen simply 'cause poor people or working people can't make it down here to tell you how they feel about it, or tell you how they were reached or not reached. Thank you. Vice Chair Hardemon: Thank you very much, Madam Holmes. Is any other person here for public hearing? Seeing no other person here for public hearing, I'm going to close public hearing on items PZ.4 and PZ.5. Is there --? Mr. Fernandez: Sorry, Mr. Chair, may I have a brief rebuttal to some of those statements? I'll be very brief. Just want to point out for the record that the civic association in this case has voted three separate times to support this project, and there has been very much participation in that process. Also, this project is at 50 percent of its permitted intensity because of the fact that its lot coverage is much less than what would otherwise be permitted, so there is no intensity argument here. You heard from your professional staff that the recommendation was changed City of Miami Page 109 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 officially on the record. It was changed because we followed a procedure that is described in your City Code that allows an owner to proffer a covenant. The covenant is designed by -- legally to ensure that there is compatibility and consistency with your Comprehensive Plan, so that is the mechanism to ensure compatibility and consistency; it's the process that we followed. Last thing I'd like to state is that the reason that the setbacks need to be reduced is because you have two rights -of -ways [sic] here, 55th Street and 55th Terrace, that are extremely oversized; much greater than your typical right-of-way. At one point, I understood from your Public Works Department that 55th Street was going to be a bridge over to the Beach rather than 79th, so these streets were platted in a very wide way, much like some of the Roads neighborhood has very wide streets for different reasons. Those reasons are no longer applicable to the roadway width. And so we believe that those variations, which are not the issue today, but we believe that they are totally justifiable and appropriate. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Garcia, I -- just a question for you: Earlier you stated that instead of going from a -- instead of it being a -- what was it, T4-O? Mr. Fernandez: T4-O. Vice Chair Hardemon: -- it's now going to a T4-L. Can you explain that difference for me? Because I saw encroachment with a T4-O, so maybe I see something different with a T4-L. Mr. Garcia: Thank you, sir, for the opportunity. Yes, andl had discussions with the applicants, as well. The reason why I think T4-L is preferable is, first of all -- and the reason why I would suspect it's amenable to the applicants -- is that they would be able to do what they're presently contemplating doing, which is a surface parking lot encroaching slightly into the subject property with all the buffers, et cetera. They could do that through the same process with a T4-L designation. It -- in our view, it is more consistent with both the Comprehensive Plan and the zoning designation to have a T4-O -- a T4-L zoning applied as it serves better as a transitional zoning designation. The difference between T4-O and T4-L is that T4-O in principle allows for more intense commercial uses. T4-L restricts the ability to implement commercial uses greatly, so that's desirable. But again, it's more a matter of principle, because in practice, the project really will not change at all. Vice Chair Hardemon: So what type of guarantees do we have about the usages with it being a T4-L versus it being a T4-O? Mr. Garcia: So I'd like to take a moment to cover first the fact that the possibility of having uses is, again, one of principle, because the Zoning Ordinance describes a series of uses that are available through T4-O or T4-L, and so the range of uses in T4-O is much more restricted. And just to give you an example, any commercial use has to be small scale because T4-L allows, as principal uses, only residential development, and any commercial development is restricted to, at most, 25 percent of the usage of the site; that's the first point. However, in practice, the sole quasi -commercial use, if you will, that can be applied to the site once the covenant is accepted, and we're recommending that you do so, is a surface parking lot to be as an accessory use to the commercial use that will be on the commercial property and accessed only through the commercial property, as well as heavily buffered from any abutting residential property. Vice Chair Hardemon: So then the abutting property that I believe is -- with the gentleman that spoke of earlier that he was just across the street, from his point of view, from his property, it would not have any type of egress towards his property? Mr. Garcia: That is correct, sir. My apologies; I will expand on that briefly and tell you that 55th Street basically has a breaking point that aligns with the commercial and residential zoning divide. So west of that divide, it is basically a dead-end street that is barricaded, for lack of a better term; and east of that barricaded condition, then it becomes residential. Along the City of Miami Page 110 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 residential frontage of the property, what is presently the residential frontage of this property, what the neighbor across the street would see, if this project is implemented, is a 20-foot deep buffer, heavily landscaped; and also, the neighbor to the east, the abutting neighbor, the side neighbor would likewise have a 20-foot deep buffer, heavily landscaped, and then a wall on the inside of that buffer that would immediately abut the surface parking lot. So there would be no net effect -- no disruption; no impact, no adverse impact that would come about as a result of the development of the surface parking lot. In fact -- and this is a point that I wanted to make to address some of the points that we heard earlier -- the ability of a developer to slightly expand their surface parking lot will ensure that there is less of a traffic impact, because whatever car might not have found parking in that surface parking lot might travel around the area to find another parking opportunity. Having a few more parking spaces will tend to diminish that, not exacerbate it. Vice Chair Hardemon: Thank you very much. And just for the record, I closed the public hearing, so I'm not going to allow any more public comment at this time in respect for the procedures that we've set forth, so I'm not going to allow you to comment at this time, because I closed the public hearing, andl gave ample time. Is there any other discussion from the Commission? Was there a motion? I don't believe so. Commissioner Sarnoff. I'd like to make a motion to approve PZ.4. Commissioner Suarez: Second for discussion, brief discussion. And listen -- Commissioner Sarnoff. You mind ifI go first? Just -- Commissioner Suarez: No, no, no, not at all; go ahead, please. Commissioner Sarnoff. -- (UNINTELLIGIBLE) the record, then maybe -- Commissioner Suarez: Yeah, yeah, yeah, go ahead; I yield Commissioner Sarnoff. It's my district, so -- Commissioner Suarez: Yeah, yeah, yeah; I yield, I yield. Commissioner Sarnoff. All right. First and foremost, to the homeowner, Mr. Chien, in the thicket that we're talking about, there are pictures demonstrating a man who has lived there for the better part of almost one year. So you have a homeless person living right next to your home that's in that thicket that, I could tell you, even with the modifications of Pottinger, we probably couldn't do very much about. Second: Why this particular piece of property? Why do this particular building? Why do this particular development? Because they have two years to build it within, and it must be this actual building, so they don't ever get to vary, they don't ever get to change. Why this particular building? Mostly, it only covers 35 percent of the actual lot coverage; far under the maximum 60 percent that it's allowed under the Code. Absent of rezoning the 40-foot wide lot, which is the one we're talking about, that Mr. Garcia is suggesting 20 feet would be in buffered trees, could be developed a single-family home. Now, what we know about that is that would be a sub -standard piece of property, and that owner would have, as of right, the ability to develop because an automatic hardship would be created. We don't know what that would look like, but we know it would not look like a normal, ordinary home, especially a normal, ordinary home in Morningside, which is a historic neighborhood. This could lead to very unpredictable results, and could be results that would be done on a case -by -case basis that this Commission has to approve because it's a hardship. So if you look at this, the lot was originally part of a motel site as determined by the early 1950's era tax card. We can get into where it belongs and where it doesn't belong, but when you have a Zoning Code, and that code has words, those words are set to work for 90 to 95 percent of your land mass. City of Miami Page 111 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 They won't work extremely well for corners, jagged edges and certain parts of the City that just are not perfect squares. This is one of those circumstances, and this is one of the circumstances where this particular building has been designed as well as it could be designed, and we went through a study, Francisco, myself, and the developer, where we didn't have the parking, and it substantially changes the entire makeup of what could be built there, and it no longer possesses that friendly neighborhood concept and look about it. Some people say, "You should go two stories up." That's really not what that neighborhood calls for, andl think if we're all consistent, this is exactly the kind of building that should be put next to Morningside in a very irregularly -shaped piece of property on an imperfect world with an imperfect code. This is a good result; I think it is, and with that, I would yield to my Commissioner from District 4. Commissioner Suarez: Thank you, Mr. Chair. You know, what we're seeing now is kind of a second phase of a development boom in the City, and you're seeing more and more situations like this, which is a tension between single-family residential neighborhood and an area that fronts a major roadway like Biscayne Boulevard. We saw one on 37th Avenue. We've seen a variety of these. And it's very difficult, because, you know, first and foremost, you certainly -- andl think this Commission has been pretty consistent in preserving and maintaining neighborhoods and the integrity of neighborhoods, so that's -- you know, that's something that's difficult But ifI lived in this neighborhood -- andl live in Coral Gate -- you know, I would want to have a place where I could walk to to get something to eat. You know, I would want to be able to have low -density or low -scale commercial development that is accessible, that is walkable, that I can go to Starbuck's, that I can go -- you know -- so, you know, I think that's a personal preference, I mean. Now, we had a situation that never actually made it to the Commission. It was a -- it was -- very, very similar situation, except there was homes on these lots, and this is vacant property on 37th Avenue. And, you know, you could make a very strong argument -- I think the Planning Department was consistent in its recommendation between this one and that one, and it recommended approval of that rezoning, as well, because it was fronting 37th Avenue. Now, in that particular case, you had a hundred neighbors come to the Planning & Zoning Department meeting. So, I mean, if the neighbors of this neighborhood, which is a very, very well organized, very consistent neighborhood, were in such up in -- or up in arms, they would be here, there's no doubt about it. So, you know, I think the interesting thing about this particular lot, as you pointed out, is that -- and the homeowner may not agree -- but it seems to me that it actually could be an improvement, based on what I'm seeing here, between what the current situation is, and it would actually make it a little bit more private. It could make it even more beautiful if the buffering that's done by your client is done appropriately. I understand Elvis' argument, if he's still in there -- I don't know if he's still here. You don't have to get up. I understand your argument. I'm just talking to you. Mr. Cruz: Permission to speak? Commissioner Suarez: No. I am just telling you that I understand your argument. I understand your argument -- I mean, I don't give or deny permission to speak; that has to go through the Chair. But I understand your argument and your fear, I guess is a better word, because it was very similar to a fear in Coral Gate; that any sort of encroachment, no matter how little, no matter how much it may make sense to someone, is a basis for a potential slippery slope. Andl think this Commission has been very, very disciplined and will continue to be very, very disciplined. And by the way, in the case of the one on 37th Avenue, it was not a development like this. If it were something like this and if they would have done it the right way, the way that recommended before they applied, they may have been able to get the homeowners association to agree with it, because if it was something that could -- that the neighborhood could use, if it was something that could enrich the neighborhood by having shops and having eateries, you know, where the neighbors can walk to, then it may have been something that the person could have convinced the neighbors to support, and that didn't happen, and it -- the Planning & Zoning rejected it unanimously, and to that applicant's credit, he, you know, revoked the application; never came before the Commission, and you guys never heard about it. But it's almost identical City of Miami Page 112 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PZ.5 in terms of the scenario. We're seeing it more and more. I think it's one of those situations where I would defer to the district Commissioner and his judgment on, you know, the neighborhood, as we do with each other. And certainly, if there was an outcry of a hundred, two hundred neighbors, you know, that might be different. But I think Ms. Holmes also made a point, or someone made a point. You know, we get comment cards when you get a notice, and we recommend that you fill out the comment cards, you send it to us; we read the comment cards. Andl know that some people are not able to come to these meetings, and certainly, when they run as late as they do, and sometimes, in the Planning & Zoning context, they're past midnight, but we do urge you to please fill out those comment cards, and please express your perspective, because we do read them, and we do listen to them. Thank you. Mr. Cruz: Mr. Chair, permission to clam a point? Vice Chair Hardemon: I'm not going to allow that. I closed the public hearing session. I don't want to start -- it's the same type of process. If we start -- ifI allow you to do that, then maybe someone else would want to clam another point and another point, andl don't want to get into that. But I -- speaking of notice, I would like to say this, Mr. Garcia: What I've been noticing, when we get the e-mails (electronic) about the zoning decisions that have been made, the first hyperlink is actually stuck on about 10/23/2013. So ifI pulled up my e-mail right now for the Commission, when we get the -- the residents get the same e-mail also, and I'll forward it to you, 'cause I wanted to get to the bottom of this. It tells you about the zoning issues that are coming up and the permits that have been allowed and such. The first actual hyperlink that comes up on that automatic e-mail is not functioning properly, and so what we're having is a lot of residents complain that they can't see what's happening within the City, because that is not working properly. Is there any other comment or discussion from the Commission? Seeing none, it's been properly moved and seconded. I believe this requires a reading, Madam Attorney. Commissioner Sarnoff. Read it. Victoria Mendez (City Attorney): An ordinance of the Miami City Commission with attachments Vice Chair Hardemon: One second, one second. Mr. -- Mr. Garcia: Yes. I apologize. I would simply recommend that the dialogue that took place about the possible change from T4-O to T4-L be completed and that the Commission take a position on that action. Commissioner Sarnoff. That'd be on PZ.5. Mr. Garcia: It would be in case that the two motions are made back to back. That's just something that's pending, I believe, in terms of the discussion. Commissioner Sarnoff. I'm aware of it. I listen to you. Vice Chair Hardemon: Go ahead. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. ORDINANCE Second Reading City of Miami Page 113 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 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 03-27-14 SR 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 13-00866zcSubmittal-Dean Lewis -Zoning Waiver. pdf 13-00866zc-Submittal-Ben Fernandez.pdf 13-00866zc-Submittal-Ben Fernandez -Analysis for future Land Use Request. pdf 13-00866zc-Submittal-Ben Fernandez -Backup Documents. 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 ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13443 Victoria Mendez (City Attorney): Now I wanted to clarify for PZ. 5, there is a covenant that was proffered voluntarily by the applicant with regard to this zoning, and in the covenant, we will also attach the plans as presented today so that it is clear what this Commission is voting on with regard to what proposed project will be there, and as well as all of the proffered comments, which will be in the covenant with regard to Mr. Fernandez and his client, as amended. Ben Fernandez: That's correct. Vice Chair Hardemon: Is there a motion? Commissioner Sarnoff. Mr. Chair, I'll make a motion that PZ.5 be adopted with the following modification: The suburban zone restricted to T4-L. City of Miami Page 114 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Sarnoff. Second. Vice Chair Hardemon: So properly moved and seconded that we approve this as modified, this ordinance. Ms. Mendez: Mr. Fernandez, is that fine with regard to your plans and the covenant and everything? Mr. Fernandez: Absolutely correct. Ms. Mendez: Okay; just making sure for the record. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.5 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. Mr. Fernandez: Thank you very much. PZ.6 ORDINANCE 13-01451 Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1320 AND 1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-014511u CC 03-27-14 SR Fact Sheet.pdf 13-014511u Analysis & Color Maps.pdf 13-014511u PZAB Reso.pdf 13-014511u CC Legislation (Version 3).pdf 13-014511u ExhibitA.pdf LOCATION: Approximately 1320 and 1330 SW 12th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on February 19, 2014 by a vote of 8-3. See companion File ID 13-01451zc. City of Miami Page 115 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PURPOSE: This will change the above properties from "Single -Family Residential" to "Public Parks and Recreation". Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13444 Vice Chair Hardemon: All right, everyone, ifI could have a little bit of order, please, decorum, we're going to move on with the Commission agenda item PZ.6 Francisco Garcia (Director, Planning & Zoning): Yes, sir. Items PZ. 6 and PZ.7 are companion items. They are the proposal for a land use change and a rezoning for parcels at 1320 and 1330 Southwest 12th Avenue. The proposal is to change the land use from single-family residential to public parks and recreation, and the zoning change would be from T3-R to CS, which stands for "civic space." The Planning, Zoning & Appeals Board recommended approval. The Planning & Zoning Department is recommending approval, as well. The intent is to have these two facilities or rather these two properties ultimately developed as a recreation space in this neighborhood. I'm happy to answer any questions you may have. Vice Chair Hardemon: Thank you very much. At this time, I'd like to open up the floor for public hearing. The public hearing will be on items PZ. 6 and PZ.7, so if you'd like to be heard on either of those two items, please step to the floor now. Seeing that no one is approaching the floor, I'm going to close the public hearing. Is there a motion? Mr. Garcia: Mr. Chair, ifI may; my apologies. I was remiss in not including mention of the fact that there is a covenant proffered by the City as property owner, and I'd like to read into the record briefly what the effect of that covenant would be if accepted by the Commission. Vice Chair Hardemon: Yes. Mr. Garcia: The covenant states clearly that in the event that these -- this subject parcel should not be improved or should have the use for parks and recreation discontinued, then the City will take any and all action to have it revert to its present state of single-family residential. Commissioner Carollo: I make a motion to approve with the covenant. Commissioner Sarnoff. Second. Vice Chair Hardemon: It's been properly moved and seconded that we approve item PZ. 6. Is there any discussion? Mr. Garcia: I'm sorry; briefly, Mr. Chair. The covenant would be attached to the second item, not to the first; I apologize. Vice Chair Hardemon: Any discussion? Seeing none, all in favor of the -- ToddB. Hannon (City Clerk): Chair. Vice Chair Hardemon: Yes. Mr. Hannon: It is an ordinance. City of Miami Page 116 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Oh, an ordinance; this is an ordinance, everybody. Victoria Mendez (City Attorney): PZ. 6, correct? The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Chair, before the roll call, I know you closed the public hearing, but someone did want to approach the podium. Lucita Moran: Yes. My name is Lucita Moran, and I've been here since 1942. I live in the Roads. As I come to what I'm talk -- to talk about -- it seems so insignificant in what I've heard. My heart goes out for the Native Ameri -- Indians and the African Americans. I am well studied in these areas by Dr. Paul George, taking his courses and taking my own interest. Unfortunately, the white man does seem to have some obsession with a capacity to destroy our natural beauty that was so preserved and respected by the Native American Indians and the Africans. Vice Chair Hardemon: Ma'am, I will say this -- Ms. Moran: Okay, I will stick to what I'm supposed to, I will; excuse me. Okay, I came here in good faith. I was so happy when I saw this article. I said, "Wow, these guys are for us all the way," when it says, "In light of the concern, the City agreed to place a restrictive covenant on the property, stating that in the future, the only change allowed would be to revert it to single-family zoning." In my naive mind, I thought, "We're good to go here, " you know? If they're going to change it, it'll have to be a park. But after hearing other people talk about the word "covenant," I'm a bit confused about exactly what that word, in fact, means. Does it mean you can change something? Does it mean if you decide to put it back to private homes, will that be it? I mean, I'm confused about the word "covenant." Will you please enlighten me in that regard? Vice Chair Hardemon: Thank you very -- is that your last question? Is that your only question, ma'am? Ms. Moran: Yeah, that would be it. Vice Chair Hardemon: All right, that (UNINTELLIGIBLE). Ms. Moran: Could someone explain? Vice Chair Hardemon: Yes, ma'am; she -- Mr. Francisco is going to do it. Ms. Moran: Thank you. Mr. Garcia: I'm happy to do so. The covenant basically has the following effect: It is a legal document recorded in the public records and running with the land, which means it restrains the land which it affects, and the effect of the restraint is the following: The commitment made by the City as the property owner is that this land, should it no longer be used as a park in the future, will revert back to its present status, which is that of single-family residential. That, I think, addresses one of your concerns. The other, I think, implied concern is: Is that in perpetuity? And there, I have to tell you that both for this land and any other land in the City of Miami, the right to rezone always exists; however, it would have to go through another public hearing such as this. So the overall effect in the end, in summary, is to basically restore the land to its present status of single-family residential. Ms. Moran: Thank you very much for that information, and thank you for your cooperation, and City of Miami Page 117 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PZ.7 13-01451zc thank you for coming to our meeting last night. And to you, my heart goes with you 100 percent. I know how you must feel inside. My ancestors were from Spain, and they were the ones that were guilty for many atrocities here, but -- Vice Chair Hardemon: Thank you very much, ma'am. Ms. Moran: Yes. Vice Chair Hardemon: I appreciate your time. Ms. Moran: God help us all, and in the end of the day, may justice prevail. Vice Chair Hardemon: We have one more person that I'd like the Commission to allow to speak. She speaks Spanish. She did not quite understand my statement when I closed the floor. Albertina Hernandez (as translated by Debra Spector, official Spanish interpreter): Good evening. My name is Albertina Hernandez. I live at 1231 Southwest 12th Court, a half a block from the famous park, and I want to ask you -- I'd like to ask a question: Would you be happy to have a park in your neighborhood where your children will go when the situation is that it's right near 13th and it's going to become a center for everything bad in that area, when there is a park, Three Points, that's in the Roads, and it's closed, and there's no place for children to play or anything, and it could be opened? We don't need a park in that area. We need a NET (Neighborhood Enhancement Team), which is what was discussed previously. We are -- we agree, too, that we do not want a park in the neighborhood because we believe that it will bring down the property values, and you know that. Nobody wants to buy a house next to or close to a park, and the value of all the houses around it will go down. We don't want a change in the zoning. With 500 feet all around, you can ask, and you'll find about 90 percent of the people do not want a change in the zoning or a park. We have enough with 13th Avenue already. Thank you very much. Vice Chair Hardemon: Thank you very much; closing the public hearing at this time. The motion has been properly moved and seconded. All in favor -- it's a [sic] ordinance, so we must have it read, yes. Ms. Mendez: Andl read it, right? Vice Chair Hardemon: Oh, you -- Ms. Mendez: I read it right before. Vice Chair Hardemon: Oh. Mr. Hannon: My gosh, my apologies; yes, ma'am, you're absolutely correct. Roll call on item PZ. 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1320 AND 1330 City of Miami Page 118 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "T3-R" SUB -URBAN ZONE TO "CS" CIVIC SPACE ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01451zc CC 03-27-14 FR Fact Sheet.pdf 13-01451zcAnalysis & Color Maps.pdf 13-01451zc PZAB Reso & Covenant.pdf 13-01451zc CC Legislation (Version 3).pdf 13-01451zc ExhibitA.pdf LOCATION: Approximately 1320 and 1330 SW 12th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, 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 conditions* to City Commission on February 19, 2014 by a vote of 11-0. See companion File ID 13-014511u. *See supporting documentation. PURPOSE: This will change above properties from "T3-R" to "CS". Item includes a covenant. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13445 Note for the Record: Please see item PZ. 6 for minutes referencing item PZ.7. Vice Chair Hardemon: PZ.7; public hearing has already been held. Is there a motion to --? Well, it needs to be read into the record. Commissioner Carollo: Move to approve with -- Vice Chair Hardemon: It's been pro -- Commissioner Carollo: -- the covenant. Vice Chair Hardemon: Is there a second? Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded that we approve with the covenant item PZ.7. Any further discussion? Hearing none, reading it for an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.7. A roll call was taken, the result of which is stated above. City of Miami Page 119 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Hannon (City Clerk): The ordinance passes on second reading, as amended, 4-0. Vice Chair Hardemon: Thank you very much. Commissioner Carollo: Thank you, Commissioners. PZ.8 ORDINANCE 13-01452Iu 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 REAL PROPERTIES LOCATED AT APPROXIMATELY 7890 NORTHEAST BAYSHORE COURT AND 7889 NORTHEAST BAYSHORE DRIVE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-014521u CC 04-24-14 SR Fact Sheet.pdf 13-01452Iu Analysis, Maps & PZAB Reso.pdf 13-014521u CC Legislation (Version 2).pdf 13-014521u ExhibitA.pdf LOCATION: Approximately 7890 NE Bayshore Court and 7889 NE Bayshore Drive [Commissioner Keon Hardemon - District 5] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on February 5, 2014 by a vote of 11-0. See companion File ID 13-01452zc. PURPOSE: This will change the above properties from "Restricted Commercial" to "Public Parks and Recreation". Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort Vice Chair Hardemon: Next on the agenda is item PZ.8. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Items PZ.8 and PZ.9 are companion items, as well. This is for a land use change and a rezoning for properties at 7890 Northeast Bayshore Court and 7889 Northeast Bayshore Drive. The changes would be on the land use side from restricted commercial to public parks and recreation; and on the zoning side from T5-O to CS, which stands for "civic space. " These are properties that were part of a land hold for City of Miami Page 120 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 development, and as a result of an agreement reached with the developer, these lands were now deeded to the City so that they may serve as civic space or parks and recreation space, and the City is now living up to that agreement in seeking this zoning change. We recommend approval. The Planning, Zoning & Appeals Board also recommended approval by a vote of 11 to 0 in the February meeting. Vice Chair Hardemon: I'd like to open the floor for public hearing at this time for both item PZ.8 and PZ.9, for both PZ.8, PZ.9. Seeing no one, the public hearing is closed. I would like to entertain a motion to approve. Commissioner Carollo: So move. Vice Chair Hardemon: Is there a second? Commissioner Sarnoff. Second. Vice Chair Hardemon: It's been properly moved and a second to accept item PZ.8. Without a discussion, seeing no further discussion, I'd like to read it into the record. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.9 ORDINANCE 13-01452zc 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 OF THE PROPERTIES LOCATED AT APPROXIMATELY 7890 NORTHEAST BAYSHORE COURT AND 7889 NORTHEAST BAYSHORE DRIVE, MIAMI, FLORIDA, FROM "T5-O" URBAN CENTER ZONE TO "CS" CIVIC SPACE ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01452zc CC 04-24-14 SR Fact Sheet.pdf 13-01452zcAnalysis, Maps & PZAB Reso.pdf 13-01452zc CC Legislation (Version 2).pdf 13-01452zc ExhibitA.pdf LOCATION: Approximately 7890 NE Bayshore Court and 7889 NE Bayshore Drive [Commissioner Keon Hardemon - District 5] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on February 5, 2014 by a vote of 11-0. See companion File ID 13-014521u. City of Miami Page 121 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 PURPOSE: This will change the above properties from "T5-O" to "CS". Item does not include a covenant. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort Note for the Record: Please see item PZ.8 for minutes referencing item PZ.9. Vice Chair Hardemon: Item number PZ.9; is there a motion to --? The Chair would like to accept -- entertain a motion to accept. Commissioner Carollo: So move. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded to accept this. Please read it into the -- without discussion, seeing none, I'd like to move it to -- for -- I'm sorry -- allow it to be read into the record. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.10 ORDINANCE 13-01088zt First Reading 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. 13-01088zt CC 04-24-14 SR Fact Sheet.pdf 13-01088zt PZAB Reso.pdf 13-01088zt CC Legislation (Version 4).pdf LOCATION: Citywide APPLICANT(S): Daniel J. Alfonso, 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 City of Miami Page 122 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 public benefits requirement. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort Vice Chair Hardemon: I'd like to call everyone's attention to item PZ.10. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.10 is the last PZ (Planning & Zoning) item before you today. This is the first reading of an amendment to the Zoning Ordinance. We are recommending approval with a modification; I'll read that into the record in a moment. I'd like to say that the Planning, Zoning & Appeals Board recommended approval by a vote eight to zero in their November meeting. The modification that we are recommending to you -- which is not contained in the language that you have, and we would like your feedback on it -- is to establish -- and a revised version to be presented to you at the next P&Z hearing -- to be -- to accept into this ordinance a map identfing those areas in the City of Miami that are underserved by parks and recreational facilities and to provide an additional enhancement to the bonus provided in this ordinance. This ordinance, as written, provides for donations made for parks improvements as contained in the Parks Master Plan to satisfy public benefits requirement presently existing in the Zoning Ordinance. The modification we will bring back to you will, again, identifi, underserved areas and provide additional benefits above and beyond those provided to other areas for those underserved areas in an effort to make it more enticing to make improvements in parks in these areas in the City ofMiami. I'm happy to answer any questions. Commissioner Suarez: Move it. Vice Chair Hardemon: And Commissioners, I just want you to know that the improve -- the modification I asked for, because I know that we have a lot of areas district -wide that may need to be served when it comes to park improvements, so instead of us just concentrating it next to whatever that monster structure is, we can use those park improvements in other underserved areas that we don't have to use our general fund dollars to actually make improvements for, so that was the idea behind it all. Commissioner Suarez: No, andl think it's a good idea. I just -- my issue from that was we had delayed this quite a bit, and l just wanted to make sure that it got passed on first with the direction that I think we all agree with, which is, you know, to kind of get it going so that we don't lose the opportunity; that someone take advantage of the ordinance, and kind of light a fire, proverbial fire under the Administration to -- that this is something that's important for us, so thank you; I appreciate it. Vice Chair Hardemon: So it's been properly moved. Is there a second? Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded that we accept this. Seeing no further discussion or any public hearing -- is there anyone from the public? Seeing none, may you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.10. Commissioner Sarnoff? Commissioner Sarnoff. Yes, on first reading. City ofMiami Page 123 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. I only thought we were voting on first reading; I didn't think we were voting on both today. Sony. Mr. Hannon: Chair Hardemon? Commissioner Suarez: It's a little late -night humor. Vice Chair Hardemon: For. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. PZ.11 RESOLUTION 14-00098 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY MDM DEVELOPMENT GROUP AND RETAIL, LTD. AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED AN ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE LOCATED AT APPROXIMATELY 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, WITHIN AN ARCHAEOLOGICAL CONSERVATION DISTRICT. 14-00098 CC 03-27-14 Fact Sheet.pdf 14-00098 Color Maps.pdf 14-00098 Appeal Letter & Supporting Documents. pdf 14-00098 HEPB Resolutions.pdf 14-00098Action Plan.pdf 14-00098 Staff Report.pdf 14-00098 Florida Division of Historical Resources Letter.pdf 14-00098 Case Study Analysis.pdf 14-00098 Case Study Appendix A Florida Division of Historical Resources Letter.pdf 14-00098 Case Study Appendix B HEPB-2002-68 Backup Documents.pdf 14-00098 Case Study Appendix C HEPB-2004-48 Backup Documents.pdf 14-00098 Case Study Appendix D Warrant 13-0013 Final Decision.pdf 14-00098 Case Study Appendix E Tenant Lease Agreement Memo. pdf 14-00098 Case Study Appendix F Floor Plans and Elevations.pdf 14-00098 Case Study Appendix G Proposed Structural Piles.pdf 14-00098 Case Study Appendix H Comparable Projects.pdf 14-00098 CC Legislation (Version 3).pdf 14-00098 CC Legislation (Version 4).pdf 14-00098-Submittal-Eugene Stearns -Presentation for MET. pdf 14-00098-Submittal-MDM's Appeal of the February 14, 2014 Decisions of the HEP Board and Sup 14-00098-Submittal-Letter from Gene Stearns to City Commissioners.PDF Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 124 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Hardemon Absent: 1 - Commissioner(s) Gort R-14-0134 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed by the following vote: AYES: Commissioner(s) Sarnoff, Suarez and Carollo, NOES: Vice Chair Hardemon, ABSENT Chair Gort; to deny as moot the appeal of Historic and Environmental Preservation Board Resolution No. 14-00098a, which requested that the applicant present a revised Action Plan to the Historic and Environmental Preservation Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed by the following vote: AYES: Commissioner(s) Sarnoff, Suarez and Carollo, NOES: Vice Chair Hardemon, ABSENT: Chair Gort ; to remand the appeal of Resolution No. 14-00098b to the Historic and Environmental Preservation Board, for the Board to consider the preliminary and final designation of the MET Square Development Site located at approximately 300 Southeast 3rd Street as an archaeological site in accordance with the Mediated Action Plan approved by the Commission today. Vice Chair Hardemon: At this time, we have a time certain item, PZ.11. It was time certain for 6 o'clock p.m. The applicant needs to set up, so I'm going to take a five-minute recess while they set up. Thank you. Later... Vice Chair Hardemon: (UNINTELLIGIBLE) to recess at 6: 32. We're here on PZ.11, time certain at 6 o'clock, HEP (Historic & Environmental Preservation) Board appeal. You are recognized, sir. Eugene Stearns: Are we turned on here? That's better. And it's my great honor to be here today for what I think should be an occasion that we can all be both proud of and excited about. There was, as I'm sure you may have read, a fairly controversial conflict between the rights of private property and the rights of the public to protect history, and we were unable to resolve that early on, and so this appeal was filed In a Jennings meeting, Commissioner Sarnoff suggested mediation. In my wisdom, I said it would be a waste of time. Commissioner Sarnoff pushed for the issue, and as it turns out, not only was it not a waste of time; with a skillful mediator and people of good faith, who came and met -- andl was going to complain about two 12-hour days, but having watched your agenda, I will keep those complaints to myself 'cause it wasn't actually so bad, and y'all struggled much worse. If you're interested, I will take you through what would be the presentation of what was a compromise. I know you've had a long day. I will say this: In the last several days since this settlement has been announced, we have received calls from literally all over the country from people that care about archeology and care about history and preserving it, who are extraordinarily excited about what was accomplished here. This land -- and I've put up on the screen a sketch that was done by Bob Carr that shows the relationship between the Royal Palm Hotel historically and this particular piece of land, and used the Royal Palm Hotel as sort of a juxtaposition of the piece, because you can see the massive size of the Royal Palm and this little area here which is where Met Square, and that's this area right here is the land we're talking about and where the river used to be. Now, what's going to happen here as part of the settlement -- I'll show you first the site plan, the floor plan, because -- just going to take a minute and show you the two areas we're talking about -- three areas. Down here in the southwest corner is what we call the Southwest Circle. That's this area that you'll see right here, that's the southwest corner. And up here is the northeast corner; each of those areas is going to be dealt with differently. Oh, thank you; that's very helpful. I can walk over here. Those areas will be dealt with differently, and I'm going to show you how they're going to be dealt with. And then over here in this space is going to be the plaza, which is where there is going to be a City of Miami Page 125 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 presentation of the history of the birth of Miami. Vice Chair Hardemon: Excuse me, sir. May I interrupt you for one moment just so I can allow the Administration to at least describe for the public who is watching and who are here exactly what the issue is that we're facing before you move on with your presentation? Mr. Stearns: Thank you, Mr. Chairman. Vice Chair Hardemon: Thank you. Francisco Garcia (Director, Planning & Zoning): Thank you, Mr. Chair. Briefly, by way of introduction, this is item PZ.11, which was scheduled for a time certain of 6p.m.; we're a little bit past that. And simply wanted to bring to the Commissioners' attention that this item is before them today as a resolution considering an appeal to a ruling by the HEP Board. That ruling took place on February 14, 2014, and the ruling by the HEP Board had the following effect: The ruling denied the action plan proposed by the developers; the ruling requested the applicant to return to the board with a revised action plan; and the ruling requested that staff prepare, at the earliest possible time, a preliminary report for the entire site designation of archeological site elements. That ruling by the HEP Board has then been appealed to this body and is being heard today. I'd also like to make mention, as you well know, that pursuant to a City Commission resolution, this particular subject matter went to mediation; said mediation took place recently, and you'll hear accounts of what transpired there. I am happy to report that the mediation effort was successful in the sense that all of the participants to the mediation came to a consensus and an agreement that the plan proposed and mediated was a successful plan and achieved the interest of both the City ofMiami in our particular case, as well as the interest of the preservation community, as represented by various agents there, as well as those of the developer. That by way of brief introduction, we certainly have additional information to offer; we would then yield to the appellant before you today, represented by Mr. Stearns and others; and certainly happy to answer any questions you may have. Vice Chair Hardemon: Thank you very much. Mr. Stearns: Mr. Chairman, ifI can tell you, we, in following Mr. Garcia's presentation, did file an appeal, and we did raise a series of legal and factual arguments, all of which have been briefed and all of which are being waived if the settlement that has been advanced is approved by the Commission. So we're here as an appellant, but we're hopeful that with the support of this Commission, this extraordinary settlement will be achieved and all of those legal arguments that are contained in the brief that we filed on Monday will then be abandoned, andl think that it's satisfactory to explain that all the arguments that are advanced go away, and this becomes what the -- revised action plan that the developer will live with. IfI can take you to the southwest corner, which is, to me, one of the most stunning parts of this settlement, andl will say that the Nichols Brosch firm is preparing both the presentation here, as well as the architecture, as well as how this is going to work in the site. This is Southwest 3rdAvenue, catty -corner to the Epic Hotel, and what is depicted here is the Southwest Circle, which includes more than 450 post holes that were in the limestone that are believed by pretty much everybody, including the developer and the archeologist, to have been prehistoric. Likely, post holes that were developed to support - a Tequesta village that was -- we can interpret what the village might have looked like, but we, I think, can all agree that's where it was. And the presentation here is to allow the public to have an ability to walk and see and understand what existed here perhaps for thousands of years, which is truly extraordinary. By contrast, the Miami Circle, which was -- the public paid over $26 million for, is covered in mud and weeds, and no one can see it. I'm not saying it isn't important to preserve it, but there's one thing to preserve it; it's another thing to present it. And this proposal both preserves it and presents it. And in this environment, we must understand that limestone cannot be left in the open environment; it will erode and go away, and if you don't protect it and cover it, it will cease to exist. This is how the proposal is to be looking City ofMiami Page 126 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 at night, which will be -- we regard it sort of as a jewel box of archeological information that would be preserved for all time right on the corner of Southwest 3rdAvenue. If you look at it from the inside, the agreement that was negotiated requires that this area of the limestone be completely encased in glass, so whether you're inside or outside, there will be a visual opportunity to look down into what is roughly two and a half to four feet below grade level -- and this retail area is at grade level, at street level -- you'll be able to see the post holes and the relationship to what's going on the side. And as a practical matter, what the historic community has been saying to this development group is this is important, not just for history and not just for the public; it's important for the developer to market history, to include this as part of this development so that people will want to be here, will want to see it, and want to understand it, and as a consequence, the history is more than just looking at it, but something will be told, as well. Looking at this from the standpoint of just the site plan looking down, what it looks like is this. You'll have a retail space, and it will be completely surrounded by glass in this fashion here so that whether you're -- if you have tables and whatever is going on here, they're not going to be in part of the space; the space is going to be completely open. And that's how the plan is to treat the southwest corner. On the northeast corner, there's a different approach. The northeast corner is going to be a space that is going to be given for a dollar a year to HistoryMiami, and the presentation of this space will be different. This will also be a jewel box, glass -enclosed to protect it from the elements, and you can look at it in different angles to see what someone would see on the outside. But inside is completely different, because inside, because of the nature of the space, there will be a glass floor, and the public can actually walk on the floor and look down into the space, and HistoryMiami will be having the space to project the history ofMiami as they see fit from time to time. This -- these are changes in what was the original action plan, but I must be clear that when you go back to the original plan of what the developer was going to do in the plaza area is that -- and the plaza area is a very critical part of this development. IfI can show you again, this is the overall floor plan of the development, and now when I talk about the plaza, I'm talking about this area right here. To put this area in perspective is that on this side over here is going to be a retail space, and over here is another building called Met 1, which is an earlier development, and Met 1 has a retail space that also fronts into this plaza. The goal here is to work in conjunction with HistoryMiami to create a history exposition that will tell the story of the birth ofMiami. And if you think about this, this is an extraordinary place on the north shore of the Miami River. Here the Tequesta lived for at least 2,000 years. I believe that's carefully and well documented. They left in 1763 after sharing the space with the Spanish explorers and missionaries for roughly 150 years. From 1763 to the present time, civilizations have come and gone on this site, but always gravitating to the north shore of the Miami River. Miami River was a beautiful body of clear water; had rapids up and -- right by 27th Avenue. It was about a foot and a half deep at the mouth of the river and the bay itself was shallow and very clear. All the work, the creation of Bayfront Park, the widening of the -- narrowing of the river opening, the filling of that area, that all occurred over a period of several generations, has fundamentally altered it, but this is the place where Miami began. And the point of it in this plaza is to tell that story in a modern way, in conjunction with HistoryMiami, of doing it through -- it's a space of roughly 60-by-200 feet; it's not small. But the idea is to use modern tools, electronic tools so that when you walk in with your Smart Phone and your iPad or whatever, the story will be told in a way that is hopefully going to be fascinating and interesting. And the whole idea here is to bring people into this space where they can sit on tables and chairs and enjoy the space and be part of it and get something important out of it. The developers employed university professors to fill in the gaps of history and are going to be working with Paul George and others at HistoryMiami to make sure those gaps are knowledgeably filled. So we're extremely excited about this. I hope that the Commission shares our joy. Something very, very unique has happened here; not just by the way about an accomplishment of an achievement for which I think we can all be proud, but I think what's important here is that we learn something about the desirability of compromise. Commissioner Sarnoff was right; if you can get people of good faith who really do care about, you know, good goals in a room and you can talk to each other and you can figure out how to compromise things, everybody doesn't get what they want, but you get enough that the public interest is advanced, and that's clearly what's happened here. City ofMiami Page 127 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 The developers, principally Luis Pulenta and Ricardo Glas, who are the principals, are two very, very decent people who care very much about this community of which they've been a part for a very long time. They're serious guys who built serious things and managed them extremely competently, and this City is enormously fortunate to have people of their caliber in it. Your Planning staff, you know, I -- we couldn't have gotten this done without your Planning staff just remarkable people who genuinely care about this City. I can tell you as a life-long resident of Dade County, I grew up in Coral Gate -- I should tell Commissioner Suarez that -- 1641 Coral Gate Drive was my address as a child; just sold the house a couple years ago actually. This City is just very fortunate to have something like this going on. This is going to be national news; this is going to be National Geographic; this is going to be Archeological Digest; it's going to be reported on as how to deal with history in America. So I think you can be proud; we certainly are and we hope -- certainly hope that the agreement that has been reached in mediation will be approved and the appeal affirmed. We will prevail in the appeal by accepting the conditions of the settlement. Vice Chair Hardemon: Thank you very much, sir. Do you represent the appellee? Craig Leen: Yes, Mr. Chair. Craig Leen, City Attorney for Coral Gables. I'm appearing here as special counsel for City staff for the City ofMiami by resolution of this Commission and with an agreement with the CityAttorney's Office. I'm here today just to speak briefly to say that I've taken a look at this agreement on behalf of City staff. I think it's a remarkable agreement. I think that what's impressive about it is that it allows the development which you have contemplated for this site and which has just been presented while also preserving these important historic artifacts and this important historic site. I think that one notable thing about the agreement is that what's being -- I looked at the brief and the different arguments being raised, and some of those arguments, whatever you think of the merits of them, are quite substantial. You have claims that include takings claims against the City ofMiami. You have a claim including a Burt Harris claim. They're talking about damages in the amounts of $21 million or more. I think what's important to note about this agreement is all those are being settled by agreement with Mr. Stearns, so those are no longer here; this will resolve the whole matter. And yet, at the same time, it stands on its own. So even if you didn't have that waiver, you could still support this agreement. So on behalf of Mr. Garcia, what's ultimately being recommended by staff is that you approve the Mediated Action Plan; that the decisions of the HEP Board be set aside or -- in fact, not set aside -- modified to be consistent with the Mediated Action Plan and that that be the decision of this Commission today. I would also note one other thing that think is important for the record: The mediation that occurred, which was done under Angel Cortinas as the mediator, who is a former Third District judge and extremely respected person in this legal community -- the different people that attended this mediation are individuals who are famous in the area of historic preservation. They include Robert S. Carr, Arva Moore Parks, Richard Heisenbottle, John Shubin, Gregory Busch, Becky Roper Matkov, Brian Alonso, Ramiro Ortiz, Jeff Ransom, Kathleen Kauffman from Miami -Dade County, Robert Bendus, Scott Silver, Phillip Hudson, Jorge Zamanillo, Tucker Gibbs, Ryan Franklin, and Carlos Rey, representingMDM, the City ofMiami, Miami -Dade County, Florida Department of State, Division of Historical Resources, Dade Heritage Trust, HistoryMiami, Union Environment League of Greater Miami, Florida Trust for Historical Preservation, and Archeological and Historical Conservancy, Incorporated. What I'd say in the end is, you know, having looked at this and having been a City Attorney, I think your City Attorneyss Office did a wonderful job. I think the attorneys in this case did a wonderful job. I think you should support this Mediated Action Plan. Vice Chair Hardemon: Thank you very much. At this time, before I hear any comment from the dais, I'd like to open up the floor to public hearing. What I would like to -- Commissioner Sarnoff I think, Mr. Chair, the City Attorney wants me to make a Jennings disclosure so that can be cross-examined by anyone. City ofMiami Page 128 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Absolutely; go ahead. Commissioner Sarnoff. So I need to make this disclosure to everybody in the public; it's a Jennings disclosure. I want you all to know I spoke to the developer and the mediator, in a request that the parties attempt to mediate the pending appeal to the -- of the Historic Preservation Board's resolution denying the developers' action. I thought that mediation would be a productive exercise to give the parties an opportunity to present a proposed compromise, if a compromise was even possible for consideration by the Commission at the public hearing on appeal. I need to inform you of the parties that spoke to regarding this item: Greg Busch, Arva Moore Parks, Brian Alonso, Gene Stearns, Angel Cortihas, George Hernandez, Richard Heisenbottle, Secretary of State Ken Detzner; and Rob Bendus, attorney for the Division of Historical Resources; Deputy Mayor Jack Osterholdt; Chief of Stafffor Mayor Gimenez, Lisa Martinez; Ramiro Ortiz; Andres Viglucci. I've received documents from Brian Alonso, which I refer to as the "Cueta Spain Articles"; the Grange City Hotel; a Met Square book containing articles, e-mails (electronic), and photographs. I have equally received letters from Becky Matkov from the Dade Heritage Trust. I do want you all to know my conversations with these parties, these people and these documents have in no way predetermined or prejudiced my vote in any way. I plan to listen and evaluate the evidence and testimony that will be presented today at the public hearing prior to making my decision, butt submit to you myself for cross-examination. Vice Chair Hardemon: Thank you very much, Commissioner Sarnoff. And as I stated before, I'm opening up the floor for public hearing. I will strictly adhere to the two -minute requirement for each person identified to speak. You may have the floor. Burke Keogh: Thank you. My name is Burke, and I'm here to talk just from a scientific point of view. This is such a wonderful opportunity; it is a gold mine of information. There's so much information here that we don't even understand how to get at it yet. We don't know how to date it correctly. We need to know more about the isotopes that break down in a mass spectrometer to find out how to be more accurate. And there are not many opportunities that come up for this kind of study. This won't just affect people in Miami; it'll affect students and scholars all over the world. They'll come here; they'll stay in the hotels; they'll eat in the restaurants. When you think of archeology, you think of a desert or some dangerous war -torn country. This is in our downtown. You're safe; you can bring your whole family here. Little kids can come and dig and find things. I know; I have dug, not in this specific site, but here in Miami. I'm familiar with the Circle, which is encased right now; it is safe; it's sound; it's protected from the environment; it's not just closed up. It's safe for future generations. If this is 2,000 years old, at 20 years each, that's 100 generations. Who are we to wipe this out? All I'm just -- oh, let's put a building here; retail space, let's sell some dresses and shoes. I mean, really, is that who Miami is? We want this cultural, we want art, we want -- we've got our sports teams. This could just be one more thing that makes Miami so cool, so unique, so diverse. People will come here from all over the world to see this, and it can be gridded out; it can be dug. This is such an opportunity before you build on it. When you build on it, it's not an opportunity anymore; it's just one more gimmick in a hotel. Vice Chair Hardemon: Thank you so very much, and state your name for the record, please. Ms. Keogh: Burke. B-U-R-K-E is my first name. My last name is Keogh, K-E-O-G-H. Vice Chair Hardemon: Thank you very much. Any other person for public hearing? Please state your name and address. Catherine Ramirez: Good evening, Commissioners, ladies and gentlemen. My name is Catherine Hummingbird Ramirez, and I'm the Carib Tribal Indian Queen. I came here at 9 City of Miami Page 129 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 o'clock this morning from far away. I stand here with the Great Spirit that is at my side with my people, the native people from the Americas and the Caribbean. I stand here before you humble, pleading to please save a great piece of American history that is a sad history, but it's an American history; a history that we should never forget. I understand these people purchased the land. I don't know if they know or they didn't know, but the whole of downtown, Dade County, as you break down these old buildings, you will get different treasures from native people to their bones that they were killed. They were injected with smallpox, mothers and children, brothers and sisters, husbands and wife, grandmother and grandfather. Today, I stand before you. It's two minutes, andl can't -- I don't have enough time to say much, but what I'm going to say to you is that to have a mediation without a native person present, to me, it's not a mediation. You must have a native person. We has [sic] a voice in this country. This country is the land of the free and the home of the braves; speaking about the home of the braves is the home of the buffalos. Vice Chair Hardemon: Thank you so very much, ma'am. Ms. Ramirez: Thank you. Vice Chair Hardemon: Appreciate your time. Applause. Unidentified Speaker: (UNIDENTIFIED) 6: 47: 48 a real American right there; that's a real American. Vice Chair Hardemon: Thank you very much, ma'am, but we need to maintain some decorum, so please, no outburst. Thank you very much. Sir. Brian Alonso: My name is Brian Alonso, 200 East Flagler Street. Hello again. I am the president-elect of Dade Heritage Trust. Dade Heritage Trust has the mission of saving places that matter in this community. These are places that are unique to us and give us a sense of place in our community. They allow us to tell the story of our community to future generations. I think this proposal before you is a win -win for everybody. This is a win for preservation and it's a win for the developer. This allows us to have -- to continue to tell the story of the multi -layers of history of the site; at the same time, allowing public into this building, having a great amenity for the downtown community, and to bring people to this attraction that we have in front of us. It makes a better building and it makes us a better community. So this settlement was done by great teamwork among everybody; and particular on our team, Scott Silver, Arva Moore Parks, Richard Heisenbottle, and Becky Matkov, among many others. And I particularly would like to thank Commissioner Sarnofffor suggesting this non-standard form of coming to an agreement, and it really, I think, came out with a brilliant solution, and so I urge you to support this proposal in front of you. Thank you. Vice Chair Hardemon: Thank you very much. Becky Roper Matkov: Good evening. I'm Becky Roper Matkov, CEO (Chief Executive Officer) of Dade Heritage Trust, Miami's largest non-profit historic preservation organization, and an organization that, since 1942, has worked to save Miami's historic places. We were delighted, as Brian just said, to participate in the mediation process, and we think this has produced a plan that will truly preserve in situ the incredible history found at the Met Square archeological site. It's a remarkable opportunity to create a world -class project showcasing the many layers of Miami's history. We thank Commissioner Sarnofffor suggesting this mediation to bring divergent viewpoints together. We thank Angel Cortinas for his incredibly skillful mediation. We thank the City staff and we thank all the other preservationists and archeologists who participated in this two-day marathon of negotiations. It was intense, it was exhausting, but it City of Miami Page 130 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 was incredibly grating. And most of all, we want to applaudMDM group for their cooperative spirit in seeing the potential of this great development site/archeological mecca. DHT (Dade Heritage Trust) looks forward to monitoring the progress, to participating in the interpretation, and to celebrating the results as this plan does indeed become a reality. Thank you. Vice Chair Hardemon: Thank you. You took all of my height. You're the reason I'm short, I know. Gene Tinnie: Next lifetime we'll negotiate this; we'll mediate it. Okay. Good evening, Commissioners and ladies and gentlemen. My name is Gene Tinnie, 74 Northwest 51 st Street, in the beautiful City ofMiami. I'm here really because I have no choice. I was -- I had the honor of visiting the site some months ago when the archeologists were just beginning, and it's sort of hard to explain in words the kind of visceral pain that comes from seeing something like, you know, human remains being, you know, moved and -- especially when we find out that some of the human remains were the ones that were discarded and dumped from, you know, the earlier building of the Royal Palm Hotel. But that's just the -- you know, how I got introduced to it. I think -- first of all, I really want to -- very sincerely, I want to congratulate and commend Commissioner Sarnofffor seeking and finding a way to bring more light and less heat to this whole conversation, andl have to commend all those who participated in that long mediation. There are a couple of concerns I thinkl would just be disloyal and less of a true friend of the citizens ifI didn't just raise them for the record. Commissioner Suarez alluded to that whole expression of "slippery slope," andl think there are a couple of things that we really need to look at, andl hope I don't, you know, run out of time, but ifI may, one is on the side of the product, itself the other is on the side of the process. On the side of the product, I am a believer that a site like this, once it's discovered, should be preserved completely in situ and intact. I think if -- you know, we don't -- and hypotheticals don't always serve our purpose. But, you know, if this was a different kind of find, if it was pirate treasure of gold coins or something, I suspect that the response might have been a lot different in terms of making sure that everything got saved and properly interpreted. That being as it may, I'm very much encouraged by the outcome of the mediation. It's certainly a more enlightened, I would say, presentation of what we heard at the HEP Board. It's almost -- but it leaves me wondering, why do we have to go through that? Why do we have to go through two 12-hour days to come to a conclusion that this is -- these are things that need to be saved, not cut up, moved and so forth? On the process, in this case, I think most of us are convinced that the final result was a good one; maybe not optimal, but good. But I'm rather concerned that the public process with the HEP Board, where this was out in the open, everybody could see what was going on, could participate, sort of got supplanted by something. Andl don't mean this in any -- you know, a negative way, but something that was, well, you could say behind closed doors. It was with selected people. The concern that Queen Hummingbird voiced, that there were no native persons at all a part of that. Vice Chair Hardemon: Sir -- Mr. Tinnie: I think for the -- Vice Chair Hardemon: -- I'm going to have to ask you -- I mean, I've given you 30 seconds above the time so -- Mr. Tinnie: I was about to -- Vice Chair Hardemon: -- if you can -- Mr. Tinnie: -- I'll wind it up right now. Vice Chair Hardemon: -- in the last five seconds. City ofMiami Page 131 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Tinnie: Just for the future, you know -- let us, you know, for future developers, learn from this how much better it is to make these things an asset rather than something that is opposed. And I thank you for your indulgence. Vice Chair Hardemon: Thank you, sir. Mr. Tinnie: Thank you all; job well done. Vice Chair Hardemon: Thank you. John de Leon: My name is John de Leon. I'm at 1399 Southwest 1st Avenue; that's where my law firm is in -- near downtown Miami, near Brickell. I'm firmly opposed to the entire process that took place, andl am firmly opposed to the results that we have. All of us are stewards for this community. I was born and raised here, and this is probably the most significant historical find in my lifetime, and we've come to a conclusion as to what's going to happen to it within 90 days without a thorough understanding and investigation of what really is going on here . I have tremendous respect for everybody involved in the process with the mediation, and Commissioner Sarnoff, who wanted to come up with some sort of solution. This is not it. We are, I think, violating a sacred trust; each one of us, including people who live in this community, and each one of you in making decisions over a two-day mediation in which there was not representation, from my understanding, from one Native American or African American. And we know some of the re -- some of the findings at that location involved very significant historical artifacts from both of those communities. I would ask each of you to oppose the findings of the mediation; let this go through the process which was initiated in a very transparent fashion with the HEP Board. Thank you. Vice Chair Hardemon: Thank you, sir. You're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm going to be brief be brave, and be gone. But remember, we have to learn from history. People that don't remember history, they condemned to repeat the mistakes of the past. And the history, I know that site, when they discovered it before, and not only that, I know -- I am glad the way it's going to be solved, 'cause I been a union organizer for many years on the (UNINTELLIGIBLE). That's SEIU, Service Employees International Union, and now 35 years with NALC, National Association of Letter Carriers. And we usually solve our problems through dispute resolution; that's the way to solve it. We don't go to arbitration or anything, 'cause arbitration, you can sue in court, but then there is no winner or loser when you go like that. That's the right way to do it. And, you know, we going to learn, we going to learn from the past, because we learn every day; otherwise, we will repeat the mistakes of the past. Thank you. Vice Chair Hardemon: Thank you very much, sir. Sir. Ramiro Ortiz: Good evening, Mr. Chairman, Commissioners. My name is Ramiro Ortiz. I'm president and CEO of HistoryMiami. I want to commend you, Commissioner Sarnoff, for putting groups who had different agendas together. I can assure you that the time was very deliberately spent; all points of views were taken very, very seriously. I believe we have achieved a significant result that is the right thing to do. History Miami, our mission is to exhibit, interpret, and educate. We take that mission very seriously. I'm here to assure the Commission and the public that we will take this very seriously. Thank you very much. Vice Chair Hardemon: Thank you, sir. Madam Holmes. Renita Holmes: No, she was there first, please, so -- Vice Chair Hardemon: She was but -- City of Miami Page 132 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Arva Moore Parks: Good afternoon. My name is Arva Parks. I live at 1601 South Miami Avenue, and I'm very happy to be here today in support of the Mediation Agreement. I really want to thank Commissioner Sarnofffor doing it. I was -- have to admit I was skeptical in the beginning, but with the good work of Angel Cortinas and -- it really worked extremely well. A variety of us are involved in loving preservation, came together. We ended up with a very, I think, open and cordial relationship with the developer, andl think the mediation really made history. I think other parts of the world have been interpreting historic sites and archeological sites amidst development, and we've never done that here, andl think that is history making. I think we made friends in that the preservation community especially got to know some new people. I think you're going to find a very cohesive future as we work together. I think we made friends with -- working together with the developer. They have agreed to allow the committee to continue to monitor and to be -- paying attention to all the good things that know is [sic] going to go on. The main thing that I like about this and that I care about most of all is to teach and to interpret, andl think the fact that the developer is not only saving a few things, but is going to help interpret it, pay for interpretation through film and models, and in the plaza, I think that is a really important development. I think what the preservation committee wanted most of all was to tell the story of all the people who have walked on the north bank of the Miami River; that includes us, so we're part of this. And as I said, there's things going on right now that I think are going to be important for the future. I think it is a win for historic preservation. I think it is a win for the developer. I think it's a win for the City ofMiami. But most of all, I think it's a win for the people of the City ofMiami, andl want to thank you particularly for making this happen. Thank you. Vice Chair Hardemon: Thank you very much. Madam Holmes. Ms. Holmes: Yes, sir. Madam Renita Holmes. On behalf of my grandmother who's not here, Georgia Jones Ayers, and if you recall the Lemon City burial location, I say that it's a win -win situation. When people talk about mixed development, I'm just going to tell you, I'm just -- have mixed emotions, andl was waiting for this one, finally; I'd like to go home. I have a concern that perhaps you're not getting the full benefit. It's a win -win, but there's a great loss. I can't visit my ancestors and my great -great-grandfather. He's overwhelmed with concrete. And for those of you who have the ability to say at least you can go to the site, congratulations on that one. But I don't know how much you win can compare to how much I've lost. I believe that there will be many more situations because of our lack of evaluation and assessment of historical lands; particularly in impoverished communities where most of us have our elders and our ancestors who have no mainstream corporate support to argue. So I, too, sir, John de Leon, disagree. I believe there's a lot more to be done, because my children now will not be able to see some of our great -great -great ancestors. And Lemon City did not just bury African Americans. Georgia Jones Ayers has just as much as chief in her as we do, and so I ask you all here today, when you go to visit your great -great-grandfathers and grandmothers and -- that you recall this situation; that there are many more situations that are going to occur, because our land is going so fast for development and changes that we don't have time to get with you, and that those who have the stories, who have the history and the lierstory'don't. So grandma, you out there watching, andl called andl text them; I told them to put them on. There is still a war for those of us who are from the Indian and African American, because you know particularly, Commissioner Hardemon, and the rest of you know our historical buildings are torn down just about every month. And so, really, is this a win? I think it was known long before it began that that was there, because we have great maps in our history, and I'd like to invite my sisters to come along on the other side now, because there are things going on right now we don't know. I just ask that you become more aware and you revisit this like you were speaking of Commissioner Suarez. There's a thing called ` prevention, " not "intervention," and there are just some things you don't mediate. And -- but I do thank this developer because you set precedence on what is the standard of ethics, consideration, and respect for the neighborhoods that you begin to build in. But let me tell you something: I don't know how spiritual you are, but City ofMiami Page 133 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 when you build on blood and bones, things happen; history has also taught you that. Vice Chair Hardemon: Thank you. Ms. Holmes: So I hope there is a continuation -- Vice Chair Hardemon: Madam Holmes. Ms. Holmes: I'm finishing. In closing, there is a continuation of benefits that go to our heritage and to our children in the future. Is that in that agreement particularly? 'Cause I couldn't get in there, just like I couldn't get in the Pottinger; I couldn't get in the Pottinger. So my question is for you: Is there a continuous benefit to the future generations that now have to pay a price to get in to see their ancestors? Vice Chair Hardemon: Thank you very much. Yes, ma'am. Kathleen Kauffman: Thank you, Mr. Chair, members of the Commission. It's nice to see you again. My name is Kathleen Kauffman. I'm the Historic Preservation chief for the County, andl really -- we really appreciate you facilitating that process. Obviously, it's much preferred to a long, drawn out court battle. But I just wanted to take a brief moment to thank your staff Megan McLaughlin and Francisco Garcia. We, as some of you may or may not know, long before the mediation happened, we were in many, many, many hours of working group meetings with your staff and the developer and their attorneys. So I really appreciate it. We appreciated their responsiveness and their willingness to work with us throughout this whole process. And the mediation was a very interesting process. Thank you. Vice Chair Hardemon: Thank you very much. Yes, ma'am. Karen Guito: Good evening, Commissioners, Mr. Chair. My name is Karen Guito. I reside at 524 Saverne in Tampa, Florida. I'm a former resident ofMiami; I have strong ties still to this community. I'm here today to urge preservation of the entire site under review. This site is a spiritual place. It has outstanding universal value. Miami may be short-changing itself in a short term. Take time to consider this could be a UNESCO (United Nations Educational, Scientific and Cultural Organization) quality world heritage site. More time, more effort, more study needs to be made here. By all accounts, this has unique, outstanding value, and it should be considered on the global stage; not just local. I urge the board to back away, to oppose the development. By all accounts, the developers came to this site knowing the value of the historic findings that were here. Send it back for further review. Allow the opportunity to bring it to the UNESCO World Heritage Association for designation and protection in full. Thank you very much. Vice Chair Hardemon: Thank you very much. Applause Vice Chair Hardemon: Sir. Samuel Tommie: Good evening, ladies and gentlemen. It's great to be here. My name is Samuel Tommie. I'm from Big Cypress Seminole Indian Reservation. I see that you've worked hard and everybody has done their part; mediation, everything looks great, andl see all the honest work that you're putting into. I also understand that you're entrapped; you're in a trap of times where money rules everything; I understand that. And like I said, I feel bad for the developers, because they were promised that in this land, they could make money, so they are here trying to make money. And I understand that you have a great city that you have to take care of and you all doing a great job. I can see you doing wonderful work, andl see that you have visions and so City ofMiami Page 134 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 forth. I'm here to say that this needs to be preserved. I'm here to say that it needs -- more of the information needs to be considered; that, you know, the development needs to not happen; the buildings do not need to happen; they need to spend more time, more scientific findings. I'm here to say that this is what's needed. Also, on my spirituality side, the natives that lived on this land, we have high regards for these people. These people had the highest knowledge on this land. They came from South America and traveled up here on boats and so forth, and they lived here for hundreds of years. And they also had to go back along the west coast ofFlorida and go back into the places, because my people talked to them. We were always guided by prophets, and they talked with us, and we know who they are, spirituality; they did not all die that went back. This is what we know. This is not what you find in American history. So we have very high regards for these people. But also, I'm a federally -- member -- I'm a member of the federally recognized tribe, which also means in this country, as a human being, my rights have been taken away; my rights have been so limited. What I say here doesn't matter to you. What I say to the United States Government does not matter to you. But what's so important for us is the future; the future generations is what's so important for us; the environment, which has been totally devastated, and also the history and also our respect for the people that have lived out here previously. You know, that should be respected. Andl want to -- this is what want to say. If you can stop it, please stop it; I don't expect you to. Like I said, you folks are pretty much trapped in times where money controls, andl understand, andl humbly thank you for your time. Vice Chair Hardemon: Thank you very much. Applause Vice Chair Hardemon: Is there any other person here that'd like to speak during the public hearing? Seeing no other persons that want to speak for public hearing, I'm going to close the public hearing session at this time. Commissioner Sarnoff. Mr. Chair. Vice Chair Hardemon: Yes, sir; you are recognized, Commissioner, and we do know because this is an appeal, the language -- eventually we'll get our language correct for the motion, if there is one. You're recognized. Commissioner Sarnoff. Before I make the motion, the Secretary of the State ofFlorida asked me to read the following to you all. It says, `I'm writing to" -- this is written to me -- `I'm writing to express my personal gratitude for your leadership in proposing the recent mediation between the stakeholders in downtown Miami Met Square site, which encompasses evidence of Florida's history from the remnants of prehistoric Tequesta Village to one of the State 's early 20th Century tourism hotels. The very best historic preservation projects are a delicate and often difficult balance of the preservation of existing historical resources within the needs of modern society. The compromise that has been achieved in Miami's Met Square Project is a model for how local and State governments and private landowners and developers, when they work together, can find solutions that meet the needs of a growing city, while recognizing the importance of its past. On behalf of the citizens of our State, I appreciate your commitment to finding a resolution to the preservation of this highly significant site that truly represents the birthplace ofMiami. Sincerely, Ken Detzner, Secretary of State of Florida." What I would make the motion, Mr. Chair, is based on the testimony and evidence presented. After due notice and opportunity to be heard has been afforded to all the parties and members of the public, I find there is competent substantial evidence in the record to support the approval of the Mediated Action Plan. I'd like to make a motion to grant the appeal and reverse Historic Environmental Preservation Board Resolution 14-00098 and to approve the Mediated Action Plan for preserving and interpreting archeological site elements uncovered as of this date within the DuPont Archeological Conservation Area at the Met Square Development site located at approximately 300 Southeast 3rd Street. I would like to make a motion denying as moot the appeal of the Historic City ofMiami Page 135 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Environmental Preservation Board Resolution 140 -- excuse me -- 14-00098A, which requested that the applicant present a revised action plan to the Historic Environmental Preservation Board. I would like the motion -- I'd like to make a motion remanding the appeal of Resolution 14-0098B [sic] to the Historic Preservation and Environmental Board for the board to consider the preliminary and final designation of the Met Square Development site located at approximately 300 Southeast 3rd Street as an archeological site in accordance with the Mediated Action Plan approved by the City Commission. That's my motion. Victoria Mendez (City Attorney): Now, to be clear for the record, can we take one motion at a time? There are three motions. Vice Chair Hardemon: Well, I understand that there are three motions. Would you like to consider them each apart? Because I can consider them one -- as one -- you would like to do them separately? Wait, wait, one second. Understanding the language and the way that he framed it was one -- was more than one motion, but can we at least accept it all as him making one motion with all those different moving parts in it? Todd B. Hannon (City Clerk): Sir, the way this is going to be memorialized is that the first motion will be incorporated into a resolution; the other motions are going to be captured as motions, so I'd like to have three distinct votes on those items so I can record -- so I can -- so the public record reflects accurately what action was taken by the Commission. Vice Chair Hardemon: Okay, so can we repeat then for the record what the first motion will be? Mr. Hannon: Yes, sir. Commissioner Sarnoff. I'll do it. The first motion is to grant the appeal and reverse the Historic Environmental Preservation Board Resolution 14-00098 and to approve the Mediated Action Plan for preserving and interpreting archeological site elements uncovered as of this date within the DuPont Archeological Conservation Area at the Met Square Development site located at approximately 300 Southeast 3rd Street. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded that we -- well, in accordance with the motion that was just read, but more substantially, to reverse the HEP Board's decision by granting the appeal. Is there any discussion? Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: Yes, you are recognized, sir. Commissioner Carollo: Thank you. And I guess what I'm going to say, I'm going to say it once. I'm not going to say it three times 'cause it applies to all three motions. First of all, when I first heard about the mediation, I was a little skeptical at first, but again, I always go under the theory that discussion is healthy and debate is healthy, so I didn't see no harm of all the parties getting together, as long as it was fair, and all the parties did get together and see if it was possible to come up with some resolution. As we have seen in the past, although it seems the large majority of the parties are in agreement, there's always, you know, someone that we can't please, andl think we've already established that; that there's always a minority that, you know, we can't please, and they do have the right to still speak up, andl respect that. However, I think this position presents a good balance between preserving our history for generations to come and furthering progress and development. The renderings feature a design that marries both the past and the future very nicely, andl look forward to watching it materialize. So I'm going to be voting in favor of it. City of Miami Page 136 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Vice Chair Hardemon: Commissioner Suarez. Commissioner Suarez: And I'm going to be very brief too, and my comments can be applied to all three. I think there has been a public process, which is the HEP Board hearings and this hearing also, where there's a public hearing. In between that, there was a process where -- you could call it private, andl wouldn't disagree with that characterization. I think sometimes -- and I've learned this in the public realm: Even though this is the public's business, the -- there are things that are more appropriate to be done in private; then, ultimately, will be vetted publicly. Andl think the people that were involved in that public -- I mean, that private mediation were people of the highest integrity, you know, that have consistently demonstrated that their primary obligation is to preserve the history of this community. I think in any sort of settlement, neither party ever gets 100 percent of what they want, so I think that's -- it's not surprising to me that there are people that aren't 100 percent satisfied with the settlement, andl think Commissioner Carollo actually put it very nicely; you're marrying, you know, the past with the present and the future, andl think that is always something very, very difficult to do. And we have to be mindful of the fact that when we talk about preserving history, history is layered; you know, history is not one moment. There are things that happen in that moment that we want to preserve, but there are things that happen before that; there are things that happened after that; there are things that happened way before that, you know. And so, you know, we are doing the very best that we can, given the circumstances that we are encountering, andl think the mediation demonstrated that, and I think people were acting in good faith, and that's why you see members of the preservation community who have been here sometimes opposing -- many times opposing, I think, actions that are before us in this Commission and supporting this. So I commend you, Commissioner, for suggesting this method, andl commend everyone for going in with an open mind and for being reasonable. Thank you. Vice Chair Hardemon: Any other comments? Ms. Mendez: IfI may, just to modifi, something that the Commissioner said. Because we're having this public hearing, there was no delegation of authority or anything of that nature with the mediation. Here, the board is listening to everything that was brought up in the mediation; how was it come to; and people from the public are able to also delve into that, and that's why this is the public process that's required pursuant to Florida Statute. Commissioner Suarez: Agreed. Ms. Mendez: I just wanted to clarifi, that. Commissioner Suarez: I agree. Vice Chair Hardemon: So to be clear, we are affirming, mod4ing, or reversing the decision of the HEP Board. This has -- it doesn't have anything to do, in that sense, with the mediation, but in the sense of the motion reversing the decision of the HEP Board and then moving forward. Ms. Mendez: Right; and accepting this plan that you have listened to the evidence and gone from there. Vice Chair Hardemon: Is there any other discussion from the dais? Seeing that you have none, I'd like to make a few statements. Earlier there was a discussion as far as the mediation being a rushed process, andl can see how people feel that way, because it was described from the statement in two -- for two days to decide something that's so very important to our community. However, ifI turn your attention to our Code, Section 23-4, it actually -- for the Commission to hear it, it says: "The Commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible." There was no time limit or rush; no deliberate speed City of Miami Page 137 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 that was added to the mediation, but here in this hearing, there is. And so when I consider that, I think that the participants in the mediation actually did us a favor here. They did us a favor, because it allowed more people to come together from varying backgrounds to really describe what their problem was or the issue was and how we can better the situation; nonetheless, it was a mediation, and what that means to me is that this was the best that these two parties could come -- roughly, two parties could come to so that all parties would be satisfied moving forward. And in my capacity here today, one thing that I was charged with was actually listening to the facts, and as I listened to the facts today andl listened to those that came before us, in one comment where it was stated that we are not -- "You don't listen to us" -- and as I continued to listen to the statements in reference to this place that we have titled "the birthplace ofMiami," it really does make me reflect upon what this site means to the City ofMiami and this nation and the world. I've never had the privilege of traveling to Egypt or to any other place where there is such archeological finds that people still, to this day, travel to; where industries were created just to see it and to touch it, and from what I heard, was where the birth of the nation was -- the world, rather -- and at least my people. And by no means am I a preservationist. I have never considered myself to be that, but when I listened to what was found andl listened to the results of the mediation -- andl do think that it came to a good conclusion -- I must consider the fact that we just found the birthplace ofMiami, and that is a monumental thing to have found. Andl think to myself "Willi ever find the birthplace of my people?" Andl don't think will, because as an African American, I don't have a flag to call my own. As an African American, I don't have a place that can travel to that can trace my ancestry. As an African American, I can't tell you what my family's true name was, but I can tell you that someone named Hardemon probably owned my ancestry in Cordial, Georgia, where I was born and raised. That -- and that is not history in the sense of finding something like this. And so when I hear the talk of different cemeteries are in less well-to-do places that house the remnants and remains of people who are closer to my ancestry and how they were desecrated and built upon and disrespected, it makes me think, "What do we do with the Native American history that we have found here? Do we take the time to look at the rest of the location to see if there is more? What else can we find?" And that's an interesting problem to have in a place where we are concerned about income, governmental income; we are concerned about making Miami a world -class city, where we have luxury buildings and shopping and all different types of things that make people travel here . But what happens if there is a archaeological paradise amongst all of that? I don't have the answer and neither do I have the votes. But with that being stated, I at least feel that here, where I do not have the deciding vote, because the decision to reverse the board's -- the HEP Board's decision requires a three fifths vote, I believe that we have that here. So I take this as my opportunity then to -- and I'm glad I'm not the decision -maker in this today. I take this as my opportunity to state that cannot vote to reverse the board's decision, andl would like to see the HEP Board's decision actually affirmed. And by no means do I take this as an affront to the Commissioner, because the Commissioner did a magnificent job with coming to a conclusion the best way that was possible. The participants within the mediation, I think, came to a conclusion the best way that they could. And -- but I do want the community to know that we listen and we hear you. That is all. Move to a roll call vote, please. Well, were you about to read the ordinance? Oh, it's just a motion. Commissioner Suarez: It's a motion. Vice Chair Hardemon: Just a motion. Mr. Hannon: Just a resolution, sir. Vice Chair Hardemon: I thought it was tied to -- it's a resolution, okay. Roll call vote, please. Mr. Hannon: Certainly. Commissioner Suarez? Commissioner Suarez: Yes. City ofMiami Page 138 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Hardemon? Vice Chair Hardemon: Against. Mr. Hannon: The resolution passes 3-1, as amended. Commissioner Sarnoff. Mr. Chair, I'd like to make a motion denying as moot the appeal of the Historic Environmental Preservation Board Resolution 14-00098A, which requested that the applicant present a revised action plan to the Historic & Environmental Preservation Board. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded that we -- it's denying -- read it again for me, please; I just want to be clear. Commissioner Sarnoff. Denying as moot. Vice Chair Hardemon: Deny the appeal as moot. Commissioner Sarnoff. Denying as moot the appeal of the Historic Environmental Preservation Board Resolution -- it's the `A" section -- 14-0098A [sic]. Vice Chair Hardemon: It's been properly moved and seconded. May we move to a roll call vote, please? Mr. Hannon: Yes, sir. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Hardemon? Vice Chair Hardemon: Against. Mr. Hannon: The motion passes, 3-1. Commissioner Sarnoff. Mr. Chair, I'd like to make a motion remanding the appeal of Resolution 14-00098B to the Historic & Environmental Preservation Board for the board to consider the preliminary and final designation of the Met Square Development site, located at approximately City of Miami Page 139 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 300 Southeast 3rd Street, as an archeological site, in accordance with the Mediated Action Plan approved by the Commission today. Commissioner Suarez: Second. Vice Chair Hardemon: Being properly moved and seconded, roll call vote. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Hardemon? Vice Chair Hardemon: Against. Mr. Hannon: The motion passes, 3-1. Vice Chair Hardemon: Now, just to be clear for the record, we've addressed those three different motions, so with that being said, have we satisfied the PZ.11 item? Mr. Hannon: Yes, sir. Vice Chair Hardemon: Thank you very much. We appreciate all of your time. Mr. Stearns: Thank you, Mr. Chairman. Ms. Mendez: Commissioners, I'd like to thank City Attorney Craig Leen from the City of Coral Gables for facilitating this. It could have been a lot more painful, andl -- he was up for the challenge, so thank you very much. Commissioner Sarnoff. Thank you, Mr. Leen; great job. Mr. Leen: Thank you. It's an honor to be in front of you. Commissioner Suarez: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 City of Miami Page 140 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 D3.1 13-01107 D3.2 13-01203 D3.3 14-00221 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 May 8, 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 May 8, 2014 Regular Commission Meeting. DISCUSSION ITEM FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS. 14-00221 E-Mail - 2013 Audited Financial Statements.pdf DEFERRED Note for the Record: Item D3.3 was deferred to the May 8, 2014 Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ City of Miami Page 141 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 D4.1 14-00252 DISCUSSION ITEM DISCUSSION REGARDING EMERGE AMERICAS CONFERENCE. 14-00252 E-mail - Discussion Item.pdf DISCUSSED Commissioner Suarez: Mr. Chair, ifI may? Mr. Chair? Chair Gort: Yes. Commissioner Suarez: We have a time certain for 10; it's 10: 20. Chair Gort: My apologies. Yes, you're recognized. Commissioner Suarez: Sorry. Alfredo Duran (Deputy Director, Department of Community and Economic Development): That's all right. Commissioner Suarez: Thank you, Mr. Duran. Thank you, Mr. Chair. Mr. Chair, the time certain -- first of all, I want to thank you for establishing the procedures that you have for requesting time certains. I think having been chair for a year, I can tell you that -- andl actually, respectfully, you know, in consideration of Commissioner Carollo, kind of had established a little mini procedure where we'd at least give 24-hours' notice, which I think was absolutely the right thing to do because -- for a million reasons, you know. Andl thank you for taking it a step further and really creating a process that makes sense, andl thank you again for, you know, allowing us to set this. This, to me, is an extremely -- I cannot understate -- I cannot overstate how important the eMerge Conference is for South Florida, and I'm going to let Javier make his presentation, as a member of the eMerge family. But I remember not too long ago, Commissioner Sarnoff, when I first arrived, one of the first questions that the Commissioner would continually emphasize was, What are the base industries in the City ofMiami, and how can we expand those base industries? "And we all know that the base industries are construction, tourism, et cetera, andl think what the Commissioner has tried to do in terms of his investment in the Miami Entertainment Complex is to try to get into another base industry, which is entertainment and an industry that think -- and we're trying to do it at the CRA (Community Redevelopment Agency) level as well -- which is an industry that I think we all feel is a natural fit for the City ofMiami. What we've seen in the City in terms of technology is ground -breaking and trend -setting down here. We have seen -- andl hope I'm not cutting into your presentation -- but we have seen the sale of Terremark, which was a company that was born and raised in the City of Miami, for lack of a better term -- Chair Gort: Which, by the way, received a lot of help from the City ofMiami. Commissioner Suarez: Yes, it did, as a matter offact, andl think it was also partly when my dad was Mayor in '97 in a brief time there. But they started in the City ofMiami. They created a network access point. And if I'm not mistaken -- I think Manny reminds me of this -- my understanding is 70 percent of all Internet traffic flows through all the NAPs (Network Access Points) of the world. It's now a worldwide company, and it sold to Verizon for 1.2 billon, with a B,'dollars. We just had last week a company founded by local people who actually bid on a City ofMiami contract, by the way, Dotco. I don't know if you guys red about it. It's owned by Juan Calle. They sold for $100 million. It's a company founded by Miamians, started in Miami. They actually bid on our dot Miami domain name, the idea that had advanced to bid that out, and City ofMiami Page 142 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 that's in the process. Another company won the bid, but we're in the process of executing on that idea, which should bring money to the City ofMiami. Look, we talk about -- and you know what? It was actually perfect -- andl apologize, Mr. Duran, for interrupting you. But it was actually perfect that we stopped our Community Development items to talk about this issue, because in my opinion, there is no greater economic development opportunity than the opportunity that we have to bring technology -- to have technology as an industry take root -- deep root in the City ofMiami. We're seeing it. It's happening. We're seeing incubators. I know I saw something from Commissioner Sarnoff's office recently about the Hive, having a meeting at the Hive. We're seeing Lab Miami. I mean, there's incubators all over the place. We see small entrepreneurs that are starting up businesses in the design district, in Wynwood, and in downtown, and it's a thriving community. But my question and what I was struggling with, and the reason why I asked to be on this agenda today is, what is the City ofMiami doing? What are we as a government doing? And the honest truth is nothing. We are doing nothing. And when you look at Miami -Dade County, they're supporting eMerge to the tune of $1 million, $1 million. Now, I'm not saying the City ofMiami should give a million dollars. What I'm saying is you could make an argument that the entire benefit is going to end up in the City ofMiami, because the ecosystem is only taking root in the City ofMiami. The convention is being held in Miami, Beach because it's the only convention center large enough to -- it's the only convention large enough, but that's not going to be the case in a couple of years, and you andl both know that. And so I think it's important for us to invest in eMerge today. Why? Because it's going to benefit our citizens, all classes by the way, all classes of our citizens are going to benefit from it. It's going to be the biggest economic development, the biggest community development project in the City ofMiami over the next 5 to 10 years. And once we have that regional conference room space that we have, I have absolutely no doubts, particularly given the City ofMiami Beach's new Mayor's comments about technology in South Florida, that eMerge will come to the City of Miami, its home; Miami is the place to be, and it's the place where everyone should be, and it's the place where eMerge will be in the future. But I think it's sad to know that despite all that, we as a government are doing nothing. And so my plea, my plea to you as my colleagues, to the City Manager -- to our new City Manager is, you know -- andl'll let him make his presentation -- but is that we come up with a way today to either direct the Manager or to come back to us in the next Commission meeting to find a way, to find resources to help this conference, because whether you live in Flagami, Liberty City, Little Havana, Allapattah, wherever you live in the City ofMiami, there is nothing that this Commission does, other than police our streets and pick up your garbage and the basic services that we provide that can have a bigger impact on your life than what this conference will bring to the City ofMiami if our technology -based companies start moving here as they should, so I'll leave it at that. I'm obviously very passionate on this issue, andl'll let Xavier make his presentation. Xavier Gonzalez: Thank you, Mr. Commissioner, and thank you, Chairman, for having us. You know, as Commissioner Suarez referenced, you know, this is really a movement. There's really an ecosystem that's being born in this community right now that's very exciting, and we have a unique opportunity, andl'll go through it in my presentation specifically what those opportunities are. But this is a vision that started with Manny Medina, who is the founder of Terremark. At the NAP of the Americas, I worked with Manny for many years at Terremark. I could tell you, it's actually -- 90 percent of the Internet traffic between Latin America and the rest of the world runs through that building in downtown Miami, so we absolutely have the infrastructure to be a global hub, and we think that with eMerge Americas and all the other activities that are happening in this community, we have a great opportunity to get there. So what we're really all about -- and if -- as you -- I'll go through the presentation -- we're really about celebrating innovation. There's a significant amount of that happening here in Miami right now. We mentioned the Venture Hive already, the Latin Miami in Wynwood. There are significant amount of things going on right now. The other opportunity for us and the reason why we launched this with a focus on Latin America is the innovation happening there in Latin America and the thirst for them to come to a place like Miami where they're comfortable, they do business here, but they start coming here with one thing in mind that hasn't happened before, and City ofMiami Page 143 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 that's thinking technology, and that's something that's very critical in the way that we've approach this and the opportunity that we're trying to seize. So if you look at some of the stuff that we've already built, there will be activities going really May I through May 7, but the real meat of our event is going to be focused from May 2 through the 6th. Again, as Commissioner Suarez mentioned, some of this is -- or some of the epicenter of this is on Miami Beach, but we are having a significant amount of activities in the City ofMiami itself, whether it's at the Freedom Tower where we'll be hosting Mayors from all over the world to a hackathon that we're going to be doing over in the Life Sciences building the University ofMiami has, where we're going to be welcoming hundreds of local developers to -- what we're going to be hosting at their convention center itself. That's going to be an opportunity for startups from throughout the City ofMiami and other parts of South Florida to compete. We're really trying to put Miami on a global stage, and this is our opening salvo. The model that we looked at was Art Basel. If you look at what Art Basel's done for us as a community from an arts and culture perspective, just extrapolate that across technology, which is something that everybody is touched by, everybody who has their Smartphones and their iPads, and so on and so forth. We think this could have an even more robust impact on our community, and we'll go through actually some numbers on that specifically. I referenced the hackathon. The other big thing is this launch competition. It's a business plan competition, not unlike some of the ones that we've had in this community before, but the one major difference that I could tell you is we have agreements as an organization with accelerator programs throughout Latin America. As of today, we have probably more than 90 startup companies from Latin America signed up to compete there. More than 90, okay? And those companies are coming to Miami. They want to be here. They see tremendous benefits, because they know that they could target the entire region from a place like Miami, with our access, with the infrastructure we've built. It's an ideal place, so there's a thirst for it. I think now there's an opportunity for us, as a community, to jump on that, and that's what we're focused on. Just further on the point of international: The region to Latin America has been significant, but we've been ourselves surprised at the thirst from places like Israel, Spain, Canada, the UK (United Kingdom). Why? Because they want to target that Latin American market, and they see Miami as the ideal jumping point to get into that. In terms of the actual content you're going to see at eMerge Americas. We focused on areas where Miami is already strong. We don't want to change the conversation. We actually want to play to our strengths, and those are whether it's financial services, health care, media and entertainment, you know, smarter city, and the concepts around what's making our cities more efficient and more effective in delivering services to residents; education and entrepreneurship. Again, these are all areas where Miami, greater South Florida is really making strides and we're -- and we're already seen, for the most part, as a hub for Latin America for these industries. What we're doing is we're tweaking the conversation to focus on areas like cloud computing, cyber security, big data, the things that represent a $4 trillion global opportunity. Imagine if we could just get a sliver of that coming through Miami, we could make a real impact on the entire community from an economic development perspective. So if you look at, again, just a little bit of a deeper dive into each of the areas we're going to be focusing on, if you look -- just to pick one, let's say media and entertainment. You know, we're -- we have Univision. We have Telemundo. We have headquarters for Latin America, for CNN (Cable News Network) -- CNBC (Consumer News & Business Channel); you name it. Those things are happening here, so we're drawing that content. Now, it's how do we get some of the more startups, how do we get more media and entertainment companies to work with from here and to start coming to Miami thinking, Flow do I learn about the latest in technologies and innovation? "If you look at, you know, something like education, what -- we're partnering with the University ofMiami, Miami -Dade College, FIU (Florida International University), FAU (Florida Atlantic University), Barry, Nova, St. Thomas. We're bringing them all to the table, 'cause what we wanted to do was build a platform for our community and now everybody's coming in, okay. The interest that we've drawn is not only from the local community, not only from other parts of Latin America, but it's global and it's global IT (Information Technology) leaders, whether it's IBM (International Business Machines), who's coming in and they're bringing Watson, so the -- the computer who competed on Jeopardy; he'll be at eMerge Americas, or she. We'll have speakers from all over the world, and these are really thought City ofMiami Page 144 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 leaders. And one of the reasons and one of the things that Commissioner Suarez also mentioned early on is the only location that could hold us was on Miami Beach. We're expecting 5,000 people, and that's where we're starting from, and this is an annual event. So this is -- if you think about it, this is the foundation that we're building to grow from for many years to come, and this is something that we're going to be investing in for many, many years. So I think there's a great opportunity for the entire community to come together around this initiative. We've partnered with a company called Techweek, an organization that does events all over the country. They are leaders in the space, and what they see is -- you see some of the stats here in terms of the audience that they draw. We -- adding that to the power of what we have here in this community and with Latin America and the reach we have, we think is going to be significant in terms of the impact. So this, I think, is one of the more important slides. If you look at the partners that we've drawn, and this includes sponsors, this includes community partners, like Miami -Dade County, the Knight Foundation, who has been funding a significant amount of the ecosystem right now and a lot of events, a lot of accelerator programs, incubators. It's been really a testament to their commitment to this community and what they want to do from a tech -ecosystem perspective. They've been a big supporter of ours from the very beginning, as has Greenberg Traurig, Medina Capital, the DDA (Downtown Development Authority). It's been overwhelming to see the support that we've received from the non-profit, the for profit, the government. It's been great. And we hope to add the City ofMiami to that list. This -- when you talk about impact, right? This is an economic impact study that we had commissioned very early on on just the impact of the conference itself and over, you know, 10 years, you're looking at 16, 000 jobs. You're looking at millions and millions -- ten -- hundreds of millions of dollars in economic impact to this community, so we -- and this -- again, it's focused just on the conference and not on the economic development impact that eMerge Americas, as a movement, will have moving forward. So I have one final thing, which is actually a 30-second video, which I think will -- showcases the energy that this event has. I don't know if the sound will work on the -- Commissioner Suarez: If you want to, you could put it on your computer and you can put the microphone closer. Mr. Gonzalez: Okay. Commissioner Suarez: I don't know if it transfers. At this time an audio -video presentation was made. Mr. Gonzalez: So that's the conclusion of my presentation. The one thing I will -- I do want to mention is Miami is always our brand. It is the brand that's recognized globally, and that's what we've been using. We have brought together the whole South Florida community, but that Miami brand is very important to everything that we do moving forward. So that's all have. Thank you very much for the time. Commissioner Suarez: Thank you. And let me just say just a couple more things before hopefully my colleagues chime in. One is, they got Pitbull on board, which I think is significant, because he has been someone who has been involved in our community with SLAtvl (Sports Leadership and Management Charter School) in Commissioner Carollo's district, which is an innovative idea in terms of education in our community. And, you know -- andl also want to commend the DDA 'cause you mentioned it. I didn't mention it when I first spoke. The DDA has participated, andl know that's thanks to their chair's leadership, which is Commissioner Sarnoff. But I think it behooves us to have a City presence at the conference. Why? I'll give you a couple of reasons why, community development being one of them. You know, we have the opportunity with companies that are coming and attending the conference to explain to them what are our programs, our community development programs if they come and they headquarter in areas of need, of economic need, and they create jobs in areas of economic need, we have funds that we can use to help finance that transition; the same thing with our CRA. If we have City ofMiami Page 145 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 technology -based companies that want to come and locate in Omni and Overtown and they want to create economic development that's -- that are going to help our inner cities, that's something that we want to promote. But the fact of the matter is at the end of the day, a month ago my life changed drastically, and the Commissioner experienced the same miracle that I did a few years ago, and I think at this point -- and you will too, and you may adopt or something. Who knows? I don't know what you're going to do. You're the father to the community, so -- Look, I think -- and then, of course, Commissioner Gort has -- can I say they're beautiful daughters or you're going to get upset with me? I have three sisters, so -- okay. You know, this is -- this really is about the future of the City ofMiami. I think we are -- and eMerge is really forecasting into the future. When I talk about a major regional convention center, I know Commissioner Sarnoff knows exactly what I'm talking about, and he knows exactly where it's going to be located, and it's not going to be a public sector project. It's going to be a private sector project, and it's going to be a massive project. And it's where it should be and it's where a massive convention center space should be. And despite the fact that like the Mayor ofMiami Beach, I don't always agree with him, particularly when it comes to technology. I agree with him that Miami Beach is not the place for a major convention center, because the infrastructure just doesn't provide for it and we do. Andl think the theme of the City should not be Miami's back. "The theme of the City should be Miami is the place to be. "And that's whatl believe today, and that's whatl believe it is going to be going forward. So I would urge this Commission, I would urge the Administration to find the funds, because I know it's going to benefit the most western person in Flagami, the north -- most northern person in Little Haiti, and the person in Coconut Grove equally. It's going to be something that is going to hopefully transform the City ofMiami and all of our lives and all of our children's lives. Thankyou. Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thankyou. I have to tell you thatl definitely agree in the belief that the goal is that Miami should be a technology hub; that we need to create Miami as a technology hub. So I mean, I'm there, okay. I guess I'm not particularly crazy that eMerge Americas is coming to the convention center in Miami Beach, andl guess visualizing into the future, I would expect that all these conferences would come to a Miami convention center, but that's looking into the future. Now, obviously, you want support from the City ofMiami and -- Commissioner Suarez: I know. Let me just say. They did not come to me for support. I just want to make that clear. I came to them. Andl want to be very, very, very clear on that specific point. They did not ask me for a penny, not one penny. I called them andl said, "We need to be involved with you." So I just want to make that clear, 'cause they did not ask us for support. Commissioner Carollo: Andl guess more than anything, I'm looking for the definition of "support" because -- Commissioner Suarez: Sure. That's a good question. Commissioner Carollo: -- as I'm sure you saw this morning, there are a lot of police officers that would like their benefits restored, their salary restored, and not to mention other unions also, so we still are going through some tough financial times. My -- and you may be correct, but my records indicate that the County actually gave $250, 000, not a million, but maybe -- Commissioner Sarnoff. Annually for four years. Commissioner Carollo: Annually for four years Commissioner Sarnoff. Yeah. City ofMiami Page 146 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Carollo: Okay, so -- 'cause what remember was 250, so when -- Commissioner Sarnoff.. You're right, you're right, you're right. Commissioner Carollo: Okay. Commissioner Suarez: You're both right. Commissioner Carollo: And again, you know, I already spoke to the Manager and Mr. Mensah, and it appears that we cannot use CDBG (Community Development Block Grant) fundings [sic] for this. Commissioner Suarez: Agreed. Commissioner Carollo: So I don't know what other type of funding, but it appears like it may be general funds and that's where -- Listen, we have some tough decisions to make. So I guess although I am with you, I believe this is a great thing to happen. I believe, once again, we need to create Miami as a technology hub. Right now, I don't know what type of support the City could actually lend, so I think it's something that -- and with all due respect, I don't think it should be decided today -- Commissioner Suarez: Fine. Commissioner Carollo: -- as a discussion item. Commissioner Suarez: Sure. Commissioner Carollo: But I don't mind bringing it back as soon as possible, but it gives us some time to bounce idea, to brain storm and so forth and see how can we be involved. Commissioner Suarez: And you're absolutely right, Commissioner. I thinkl -- I think you set the tone early on, that we were going to try to avoid having discussion items that had a fiscal impact, andl want to be respectful of that, and, you know, I've talked about that with Commissioner Hardemon on the dais with respect to a pocket item that I brought on the last meeting, so I agree with that. And that's kind of my emphasis, is for us to brainstorm. We obviously can only do it up here. Obviously direct the City Manager. The County is, depending on how you want to look at it, economically ten times larger than us so -- and they are, themselves, by the way, going through very difficult budget times, and in many ways, you could argue, much harder than we are, because they're in bigger financial straits than we are, and don't know how they're going to deal with it. But I think -- you know, just to brainstorm out loud, if we were to do a ten -- we're a tenth of their size. If we were to do a tenth of the financial contribution, $25, 000, that is obviously small in comparison to the real issues that we have in our City. We have -- so that might be something that we can consider. Go ahead, Mr. Manager. I see you shaking your head. Daniell Alfonso (City Manager): I was going to say, Commissioners, ifI may so -- be so bold, this is a special event. Five times five is twenty-five; we are one -tenth. There's a perfect suggestion. Commissioner Suarez: I would totally support that. I would totally support that. In fact, 1'll do that and I'll put another 10 from my special event fund, so we make it 35, how 'bout that? Commissioner Carollo: Mr. Chairman. City of Miami Page 147 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: That's how much I believe in it. Chair Gort: Yes, sir. Commissioner Carollo: I don't necessarily disagree. All would ask that we don't decide -- Commissioner Suarez: Agreed. Commissioner Carollo: -- in this Commission meeting. Commissioner Suarez: Andl agree with the -- Commissioner Carollo: We could bring it up. Just, you know, so -- Commissioner Suarez: Just not to set the price there. Commissioner Carollo: Yeah. And not only that, brainstorm. There may be other -- Commissioner Suarez: Others. Commissioner Carollo: -- funds or other solutions. And again, I just don't want to do things on a whim. And again, like Commissioner Sarnoff knows, it's not like I haven't taken split -minute decisions. I used to do that, you know, as a profession. But I don't feel we need to do that right now. And l just request that although I think we 're all inclined to somehow support eMerge Americas, I think we should do it at the next Commission meeting so we could actually take a vote. Commissioner Suarez: I agree a hundred percent with that. Chair Gort: When is the event taking place? Mr. Gonzalez: It's May I through 7, so I think we'll -- Commissioner Suarez: Yeah. Mr. Gonzalez: -- miss it by a day. Chair Gort: For this year? Mr. Gonzalez: Yes. Chair Gort: Next Monday? Mr. Gonzalez: Yes. Chair Gort: Next Tuesday. Mr. Gonzalez: No, no, May. May I. Commissioner Suarez: No, no, we have time. Chair Gort: May. Mr. Gonzalez: Yeah, yeah, yeah. City of Miami Page 148 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: We have time. Mr. Gonzalez: Oh, I'm sorry. Yeah. Commissioner Suarez: Yeah, yeah, we have time. Mr. Gonzalez: And one thing -- Commissioner Suarez: It's March 27. Mr. Gonzalez: Yeah. Commissioner Suarez: I think our next meeting is April 10, if I'm not -- 9th or 10th. Chair Gort: Let me add a little something. The City ofMiami has been backing this up for a long time. Terremark received a lot of support from the City ofMiami to be creative, so we do believe in it. And we saw what happened in downtown Miami when Terremark opened up; all those people from South and Central America coming here. And what makes Miami great, we have a lot of people, like yourself -- we welcome that -- that support Miami, they bringing events in Miami and they talking to Miami, and that's why we have come where we are today, and we continue to. I don't have any problem either, but we have to be very careful on our decisions. But that was a good idea. Commissioner Suarez: Mr. Chair, ifI may just real quick before --? I think our Community Development director also had some ideas on grants, andl would ask the Manager to explore that option, as well, because as Xavier said, this is not only about this year; this is going to be a continuing conference, which will, I promise you, Commissioner Carollo, will make its way back to Miami, its natural -- Chair Gort: (UNINTELLIGIBLE) to bring to Miami. Commissioner Suarez: -- home and then maybe we'll increase it at that point. No. But in all honesty, you know, there are grants I think that are available, and I would ask the Administration to look into it. Obviously, that's going to be probably beyond the time frame that we have available, but I have no problem with the Commissioner's suggestion, that we bring it back to the next Commission meeting after we've been able to discuss it and kind of figure out, because I don't know what everyone has in their special event fund. That's another, you know, issue, so -- butl think it's a good idea, andl thank you for thinking outside of the box, Mr. Manager. Chair Gort: Commissioner Hardemon. Vice Chair Hardemon: Yes. I can appreciate this discussion because, of course, this is something that we need to capitalize upon in the City ofMiami. As a county, Miami -Dade County, Miami -Dade County uses Miami in its advertising to attract people and residents from around the world to our community, so I think it's important that we utilize what we can to make this happen. One of the things that I've noticed in doing these types of things is that there's always the statement that Miami -- and it's true -- is the gateway to Latin America, but sometimes we skip over smaller islands that are just in between there, and you have other countries, such as Haiti. Haiti, even though they had their earthquake, one of the things thatl remember reading about was that there was a technology company there that was building what we would call -- this is an iPad, but, you know, the -- Commissioner Suarez: Personal devices or whatever, yeah. Vice Chair Hardemon: -- personal touch devices and cell phones and things of that nature, and City ofMiami Page 149 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 they're really revitalizing the community, giving people an opportunity to have jobs and other things in that country where they didn't ever think they could have that type of job, what we will call in District 5 a good job." Commissioner Suarez: Exactly. Vice Chair Hardemon: So -- Commissioner Suarez: Exactly. Vice Chair Hardemon: -- I say that to say we -- I hope that we begin to focus in on some of the smaller countries that have large impacts in the City ofMiami. Additionally, one of the things that I'm not shy about requesting is that if we begin to play -- I think that this would be a good idea just because. But if we begin to play a part in this, I would love to see some students from especially say -- I mean, I'm sure you all would want your students in there also -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- but especially from District 5 where they don't have the typical resources -- and I'm trying to describe the students who wouldn't have the ability to come anyway or have parents that -- one second -- connect them anyway to the conference, so not someone who's at Ransom Everglades but maybe someone who's at -- Commissioner Suarez: Yep. Vice Chair Hardemon: -- a Miami Edison Senior High School so they can come and actually take part in your event, and you see the influence of children, high school students who are serious about technology in our communities develop, and maybe then become some of the tech leaders and business starters within this community. Mr. Gonzalez: Yes. So just to touch on both of your points, I think the first point is very well taken. We have -- in fact, are reaching out on the Caribbean and specifically why we talk about eMerge Americas, right, so we're not talking about just Latin America. We are reaching out, and my apology for not pointing that out specifically. We are -- for example, we've had a lot of discussions with Dominican Republic. We've also -- are reaching out right now to the IT leaders across the English-speaking Caribbean, so that's absolutely a focus for us. And on the education side, we have two different organizations that we've partnered with. One is called Stemtech Olympiad, who do robotic competitions, and they've done it very successfully, and they're a national organization. They're bringing their competition to the eMerge Americas, as well as NFTE, the Network For Teaching Entrepreneurship, which has a program here in South Florida, and they're bringing high school entrepreneurs that have great ideas, and they're doing a business plan competition in our event as well. For us, the focus was really building a platform that now the community can come together on, and we've done that on the education side. We're doing it with other organizations that are international, and we're actually welcoming other student groups that are coming to the event, so it's very well taken, and it's something that we want to -- we have as part of this year's event, and we only want to grow that as we move forward. Chair Gort: Thank you. Anyone else? Commissioner Sarnoff Yeah. I don't want to repeat anything anyone said because it's been said better than I could say it, but would point out on a collateral basis to this: I know Commissioner Suarez was there, I think, the first time Manny Medina promoted this idea in a room full of people -- City ofMiami Page 150 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: Yep. Commissioner Sarnoff. -- andl believe it was in the -- I believe it was in Greenberg Traurig -- Commissioner Suarez: It was. Mr. Gonzalez: It was. Commissioner Sarnoff. -- in that building. Commissioner Suarez: It was. Commissioner Sarnoff. And everyone in there -- and it must have been 70 people, about 70, 75 people -- was from Miami, and we were discussing having this in a convention on Miami Beach. And by a show of hands, we asked, "Is anybody here from the Beach?" And remember -- I think you'll remember this, Francis -- no hands went up. So this should be held in a convention in the City ofMiami. Andl would bring this to bear to all you guys: If you're going to have a three-legged stool, one of those legs is going to be tourism, if one of those legs is going to be eCommerce, let's call it the biggest patch we can come up, if one of those legs is going to be banking, hedge funds, financial services, convention centers are a leg of the stool all by themselves. It is a base industry, and it will provide, I believe, on Miami Beach -- a Miami convention center would directly hire over 60,000 people and indirectly hire over 160,000 people. It's just an amazing amount of people that we would be able to attract. So I would suggest to all of you, while we have this opportunity to talk amongst ourselves, which we don't have, anything each one of us can do to ensure that we get one or two convention centers in downtown Miami, we should do everything in our power to do; if for no other reason, it is the most powerful economic generator that you andl can put a vote to. Commissioner Suarez: And Mr. Chair, ifI may? Chair Gort: Vice Chairman, you're recognized. Vice Chair Hardemon: Andl echo those statements, and especially because when you consider the fact that you have convention centers not just in Miami or Miami -Dade County -- convention centers compete across the state and across the nation; and in different states, they are competing against us here in Miami, so when you start to see decisions that are being made to have or what not to have in a convention center or to have one, you're going to see Disney compete, you're going to see other cities in Texas compete, because they're all competing for business, where these national companies can go anywhere that they like to have these conventions. So the question is: What does the City ofMiami have to offer? Andl think that no matter what we do as far as allocating funds here or there, one of the things that we are charged with is creating or marketing a city that people want to travel to, that people want to live in, that people want to conduct business in, and this is an opportunity for us to create some economic development, to give jobs, to do things for the City ofMiami. So I -- Commissioner Sarnoff, I echo those comments. Commissioner Sarnoff. And let me just bridge one little thought, 'cause it's a fact very few people know. The Perez Art Museum will host the board of directors of the Exxon Mobile Corporation for their board of directors' meeting. I'm going to say that: The Perez Art Museum will host the executive board of directions for the Exxon Mobile Corporation. Just think about that for a moment. Commissioner Suarez: I hope they brought their -- Chair Gort: You're recognized, Commissioner Suarez. City ofMiami Page 151 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: -- oil suits. Mr. Gonzalez: Their which? Commissioner Suarez: Their oil suits. Just kidding, no. Thank you, Mr. Chair. First of all, I want to thank my colleagues for being so receptive on this issue. I know that we struggle -- whenever it's general fund dollars, we struggle mightily because of the competition that there are for those dollars, but don't -- I can't think of a better general purpose than to support an industry coming to the City ofMiami. I think -- I appreciate the Manager's suggestion. Hopefully, we'll have an action item on the next agenda. Chair Gort: That was a great suggestion. Commissioner Suarez: It was. And let me just say that we have failed as a community, in my opinion, for the last 30 years on both ends of the educational spectrum. We have failed the lower income members of our community in not giving them the opportunities that everyone else has, not giving them the devices that everyone else has. And we failed on the upper end. We've had a tremendous amount of intellectual flight capital. People go; they get educated in northern colleges, and they don't come back, and that is a tremendous detriment to the City in terms of a leadership vacuum. Andl think what is happening in the City -- and I'm pretty sure you guys are experiencing it, and it goes a little bit to Commissioner Hardemon's point about the Caribbean -- is that the City's finally becoming truly multicultural, andl mean truly multicultural. And whatl mean by that is cities like New York and Washington, they're truly multicultural. It's not three cultures; it's 30 cultures. Andl think, no matter where you come from in the world, you're now starting to feel welcomed in the City ofMiami, andl think that's part of the growth of the City, that's part of the maturity of the City; andl think, as you mentioned, having good jobs in the City is what that's going to accomplish, is bringing everyone who would naturally come to the City of Miami to come and live here and keeping those that are here that have been -- that have -- are products of our community, as you are, you know, from leaving and from going somewhere else, andl think that is kind of an unquantifiable benefit of bringing in the convention industry, of bringing in the entertainment industry, and of bringing in the technology industry. So thank you again. Chair Gort: Thank you. Mr. Gonzalez: If I could just make one final comment. I want to thank everybody for your time. The last thingl do want to say is in terms of support, the one thing that you could do that is -- you have the power of convocation, each of you with your constituents, with the people who you work with; spread the word about eMerge. Spread the word about the tech ecosystem and what's happening. I think that power to bring everybody together is what we've kind of built the platform for and that's something that you guys can do immediately with all of your constituents. So thank you very much. Chair Gort: Thank you very much for your presentation. Commissioner Suarez: Thank you. D4.2 DISCUSSION ITEM 14-00276 DISCUSSION REGARDING UPDATE ON TOWING CONTRACTS AND EFFORTS TO CURB TOW TRUCK PIRATES. 14-00276 E-mail - Discussion Item.pdf City ofMiami Page 152 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 DISCUSSED Commissioner Suarez: You know, up -- in February 28 of 2013 -- we're in March of 2014 -- we were told that -- there was a discussion of an RFP (Request for Proposals). We all had issues with the RFP. We were told that the Administration was going to communicate with the towing industry. That, as far as I know, never happened; still has not happened a year from that date. A lot of things have happened in the towing industry, some of which have been public; some of which have been very, very negative from the perspective of other cities, such as Sweetwater that actually affect the City ofMiami, because some of the people involved in Sweetwater were actually owners of towing companies that were doing business in the City ofMiami. There's been attrition; there are less towing companies today than there were when we first started this process, which is another reason why it's incredible to me that no one's reached out to this industry. I got a report e-mailed (electronic) to me, andl thank the chief who is around here somewhere, for getting it to me, but I got it yesterday, so I didn't have a chance to even to communicate it to them, which talked about -- one of my big issues was the pirate towing, and you know, according to this report, since October 2012 to July of 2013 -- obviously, I would like, by the way, an update from July '13 to now -- they made one felony arrest, 17 misdemeanor arrests, 18 field interviews, 29 summons, 12 inspections from 66 driver's license checks, 7 Miami -Dade Consumer Service warnings, 21 Miami -Dade Consumer Service citations (UNINTELLIGIBLE). So I think there has been some sort of an effort. I still see the pirate guys driving around; I see them, 'cause I know which are our guys andl know which are not our guys. There's only a few companies that we have that are licensed to operate in the City ofMiami. So if it's not the names that we all know, it's someone else. So I continue to see them, so I would ask the chief and his department to please continue these efforts, because that's the promise that we made to the industry. Again, as far as I know, the meeting never transpired as we were told. This goes to something that the Commissioner said earlier in the meeting, you know, we had reservations about the way the RFP went down; we expressed them; we were told things were going to happen; they never happened; the RFP was in limbo. Nothing's ever happened, and there's been a lot of changes since then. I mean, there's been a tremendous amount of companies going under, companies being bought, people dying. I mean, all kinds of things. So I'm not even sure how many of the nine companies that we have -- or the 10 companies are still in business, to be completely honest with you. So I think it's time for us to re -look at this. You know, they've been very patient with us, and they every so often come to visit with us and kind of give us updates, so they're doing their part. You know, I think it's on us to do our part. Vice Chair Hardemon: And Commissioners, although it's a bit unorthodox to allow the public to speak at this point, I would like to recognize Mr. Martinez, because he has been waiting diligently -- Commissioner Suarez: They have both been, yeah. Vice Chair Hardemon: -- since this morning, so I would like to give him an opportunity to speak before us. Commissioner Suarez: Thank you for that. Edwyn Martinez: Thank you. Edwyn Martinez, Ted and Stan's Towing Service. We're here just to support our towing industry, and we're trying to make this right. We've been on our ninth extension for the contract. We're still waiting on it. The pirates do affect us all around; not just for me; downtown, Banos, other companies. They stop at all our scenes. I mean, it's affecting the City, as well, because the City doesn't collect the actual $26 that gets collected for the City, and I'm sure Timmy's got a few more things, few more items to discuss. Vice Chair Hardemon: I'd like to recognize Mr. Del Rosal. Tim Del Rosal: Yes, thank you. Thank you guys for listening to us all the time, helping us and City ofMiami Page 153 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 stuff. The -- we don't have a contract, and we posed to go into negotiation with the contract, and we kind of -- you know, we hear a lot of stuff, but nobody's really came to us to sit down and make a new contract of the towing. The pirates -- the Police Department, they are working on it. They give us more information now that they're going to really start concentrating and slow down the pirate people from taking the calls, because you know that we don't really get the calls no more, because they beat us to the calls, and we get all the trash. We take junk boats, we take that, it's costing us a lot of money, so we're not making money. You see that the contract don't mean much to people, because not any -- ain't nobody here but me and Edwyn. They don't -- they can't afford the people to do the work, because there's no work; the work has went way down. So we need to kind of bring that back up and start, you know, getting the towing going back again for we could make a living at it and work out a good contract with you guys. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: Yes, you are recognized. Commissioner Suarez: IfI may ask him a question. Can you talk a little bit about the turnover and what has happened in the last year in terms of the companies that were existing companies that have agreements with the City ofMiami? Mr. Del Rosal: Well, you know that there's two companies that went out of business. They just lost their workmen's comp and stuff can't pay the bills and stuff. There's another company still towing for the City that's been in turmoil that you read the paper about that was owned partly by the Mayor that got in a lot of trouble, and all the other cities, municipalities dropped them from towing. The City still has them, but I don't know; that's in limbo with the City, but it's our -- I guess towing our industrial is kind of -- because of the problems with equipment that the City wants us to keep, the 24 hours manpower that we need, and we're not getting the towing, it's kind of rough to be a professional person, and we don't want to fall in there where, you know, we can't supply the trucks and the equipment to do the job. We just don't have the tows to keep all these people and all this equipment that we posed to have, so that's what -- you know, it's very hard for people to keep the workmen's comp, the insurance on all this equipment, but meanwhile, do two or three tows a day, and most of them are garbage boats or something like that or old car that don't bring no money, so it's very hard for us to, you know, keep in business. Commissioner Sarnoff. Thank you; thank you both for being so patient. Vice Chair Hardemon: Thank you very much. Mr. Del Rosal: Thank you. Vice Chair Hardemon: Mr. Cruz. Mariano Cruz: Yeah. Vice Chair Hardemon: I'm not supposed to allow you to speak. Mr. Cruz: Well, that's about the last one, yeah. Commissioner Suarez: This is not the last one. Vice Chair Hardemon: Because -- because you -- Mr. Cruz: I can't (UNINTELLIGIBLE) Mariano Cruz. Vice Chair Hardemon: -- because of what you do. City ofMiami Page 154 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Mr. Cruz: Well -- Vice Chair Hardemon: Because of what you mean to me. Mr. Cruz: -- it's not the record, but a good average. Vice Chair Hardemon: Okay. Mr. Cruz: No, Mariano Cruz. You know, about a year ago, my car broke down on 17 and Dixie Highway, andl called AAA, and it looks like these -- some of these people got a scanner or something. All of a sudden, I got somebody next to me, all right. "Oh, I came here from AAA to tow you." What? You know, I asked -- I start asking questions, and then finally, I call -- the AAA truck came, because, you know, that's -- I don't know how they work, but they smart, and they use the new technology, because to get that I call, they have to be listening some way, or they have to be listening to the phone number to the -- or AAA or whatever, you know, but they do it, they do it, and they cutting the -- whatever -- the income of the people that pay taxes and pay certain part to the City. Thank you. Vice Chair Hardemon: No problem. You know, they were able to listen to you because you don't pay taxes. So anybody who doesn't pay taxes they can listen to. Mr. Cruz: No, no, no, I don't. Me, I don't pay ad valorem taxes, but I pay federal taxes. Vice Chair Hardemon: Thank you very much. Mr. Del Rosal: To follow up with Mr. Cruz, he's exactly right. When they go -- they do scanners for fire -rescue and -- when the calls come out, so they beat the police there. So then they pull the people aside, and they tell them they're -- that they're going to tow them for free, that they're -- if they say -- first thing they say, "What insurance you got? Oh, GEICO (Government Employees Insurance Company)? We tow for GEICO. We'll take care ofyour car." So it's all a scam to get the car. So he's exactly right, if you -- when you go to any accident scene, you'll see them. They use rent -a -cars now, because they -- the tow trucks stand out, and the police officers catch on, so they stand there, and they go and use the rent -a -cars to pull up to them. And then they go to you and say, "Hey, you're" -- "we're going to take of you." They put them in neck braces. They got the am -- you know, it's a big scam, and that's what we need to stop, because, you know, they already -- they got flyers and everything like that, and it's a every -day process. Thank you. Vice Chair Hardemon: Nothing further. Later... Commissioner Suarez: Can I just -- real quick, before we adjourn, can I just get a statement from the Administration that they're going to continue their efforts in the pirate towing capacity that we had going. It seemed to be going well for a six- to seven -month period there. It seemed to be you were very active in that. Can we continue that? Can we get a statement that that's going to be continued? Assistant Chief Jorge Gomez (Department ofPolice/Criminal Investigation Section): Commissioner, Assistant Chief Jorge Gomez. We will. Commissioner Suarez: Okay. Assistant Chief Gomez: We will. As a matter of fact, we do have eight companies, one -- a couple -- two of them went under, so we have eight companies that are working for us now. City of Miami Page 155 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: Thank you. Can we get some sort of a --? Assistant Chief Gomez: Yes, sir. Commissioner Suarez: We'll finally have that meeting, Mr. Manager, that we supposedly were going to have, so you can kind of come up to speed with everything that's going on. I think there's a lot going on and that may influence you on how you want to move forward. Daniel J. Alfonso (City Manager): Yeah. Commissioner, ifI recall, I think we had a process that came to Commission; it wasn't agreeable, so it went back for some meetings; then it came back. It still wasn't agreeable, so it was pretty much shot down. But we will restart the process again for a brand-new RFP process, and we'll let all the companies voice their opinion. Commissioner Suarez: Yeah, and you're right; I mean, we definitely withdrew the process, andl know Commissioner Carollo and Commissioner Sarnoff at the time were saying that we should bring it back in 60 days, which was obviously a year ago, and we had -- I remember specifically there being a mention that there was going to be a meeting with the tow truck companies. That was specifically mentioned, and it never happened, so I -- and I'm not saying -- this way predates you, by the way, Mr. Manager. Mr. Alfonso: Yeah, I understand, but -- Commissioner Suarez: (UNINTELLIGIBLE) happened. Mr. Alfonso: -- ndI'm not sure which meeting it is that we're talking about, but there was a meeting where actually even Commissioner Carollo attended with the industry. Commissioner Suarez: I think there was supposed to be another meeting after that one. Mr. Alfonso: Okay. Well, we'll start it again, sir; you got our commitment. Commissioner Suarez: No worries; thank you. Vice Chair Hardemon: Additionally seeing that there was no objection to the Commissioner's motion, the motion passes, the motion for continuance. Just put it in there, just in case there's some funny business, but -- and at this time, I'd like to conclude the meeting at 8: 11. D4.3 DISCUSSION ITEM 14-00277 DISCUSSION REGARDING SELECTION OF NEXT POLICE CHIEF. 14-00277 E-mail - Discussion Item.pdf DEFERRED Note for the Record: Item D4.3 was deferred to the April 10, 2014 Regular Commission Meeting. Commissioner Suarez: I think we're down to our discussion items? Vice Chair Hardemon: I don't -- yeah, as far as the discussion items go, I don't see the Mayor here, so I'm assuming he has no items. The Chairman has left. Commissioner Sarnoff has no items. Commissioner Carollo, you deferred yours earlier. Commissioner Suarez, you do have D4.2 and D4.3 City of Miami Page 156 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Commissioner Suarez: Yes. Andl will defer the item on selection of the next chief for the next meeting, but I do want to take up the issues regarding to the towing industry. Later... Vice Chair Hardemon: And don't know if police -- the police chief Chief Orosa, but Commissioner Suarez wants to defer his item for the selection of the new police chief until what meeting? Commissioner Suarez: To the next one. Vice Chair Hardemon: To the -- we'll continue to the next meeting. So -- END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) NA.1 RESOLUTION 14-00043 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING "MANUEL Facilities ARTIME THEATER", LOCATED AT 900 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, TO "CHOPIN PERFORMING ARTS HALL AT MANUEL ARTIME THEATER"; DIRECTING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY AS STATED HEREIN. 14-00043 Summary Form.pdf 14-00043 Back -Up from Law Dept.pdf 14-00043 Legislation.pdf DISCUSSED Note for the Record: Discussion took place on this item that did not result in a vote being taken. Note for the Record: For the minutes pertaining to this item, please refer to agenda item RE.1 (file no. 14-00275). Commissioner Carollo: -- discussion, after debate, like we always do. And you know I always respect all of my colleagues' decisions, and as a matter of fact, we are on the same page on this. Chair Gort: I understand, yes. Commissioner Carollo: Okay? Chair Gort: Thank you. Commissioner Carollo: Thank you. City of Miami Page 157 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 Maurice Ferre: Mr. Chairman. Chair Gort: Mayor Ferre, you're recognized. Maurice Ferre (as translated by Debra Spector, official Spanish interpreter): Yeah. Thank you very much for recognizing me. I just wanted, once again, to be -- and this is -- takes one minute -- very clearly on the record that I am opposed to the changing of the name of this theater. It is named the Manuel Artime Theater. I was responsible for that. I have not changed my position. And l just want to speak in Spanish 'cause, obviously, my English doesn't get through, andl guess the members of the brigade don't understand, and if you'll permit me for a moment. Comments made in Spanish not translated Chair Gort: Excuse me. Mr. Mayor, we got to get somebody to translate. Mr. Ferre (as translated by Debra Spector, official Spanish interpreter): I want to repeat and reiterate very clearly that I never ever wanted to change the name of the theater. I was the one who promoted that. I'm the author of it. I've never asked for that name to be changed. It was never my intention. The request was very simple. It was for one hall inside the Artime Theater; that that hall only be called the Chopin Hall, that's all. There are theaters all over the world that have halls named after different people and with different names, and that was the only request here, to change the name of one hall inside the theater. I just want to leave the record clear, because I resent -- I want it to be very clear that I'm -- resent that I've been getting e-mails (electronic) that say that Mr. Ferre wants to change the name of the theater. I'm -- it's a lie. It's not true. Chair Gort: Thanks. Mr. Ferre: Andl can't say it any clearer. I've said it on the record. I've said it to each and every one of you. So the decision, of course, if you name a hall the Chopin Hall is the decision you'll make in the future so -- Chair Gort: Yes. I hate to tell you this, but it's not going to happen, according to my notes. Thank you. Mr. Ferre: Hey, if it doesn't happen, it doesn't happen, you know. That's something you'll have to deal with when it comes out on the front page of the New York Times -- Chair Gort: Yes, sir. Mr. Ferre: -- about the banana republic, but you -- Chair Gort: Thank you, Mr. Mayor. Mr. Ferre: Of course, you know what's going to happen. Okay. Chair Gort: Thank you, Mr. Mayor. Do I have a motion? Do I have a motion? Commissioner Carollo: Mr. Clerk-- and I'm sorry. Mr. Chairman, I want clarity and even suggestion on how to proceed. Is it possible --? Because that -- the original item is still not closed out. Is it possible -- Chair Gort: We could close it right now. City of Miami Page 158 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 NA.2 14-00324 Commissioner Carollo: -- to bring it back? ToddB. Hannon (City Clerk): Yes, sir. Chair Gort: Yes. Mr. Hannon: We can incorporate it into today's agenda as a non -agenda item; we can essentially show it as discussed. And if you want to take an action on RE.1, you can proceed with RE.1. Victoria Mendez (City Attorney): Commissioner. Chair Gort: Yes. Ms. Mendez: Commissioner, basically, the item before you today is the -- maintaining the name of the facility as is. So anyone that wants to talk supporting that or not supporting that can talk today; there's a public, you know, public opportunity to speak, and that will resolve all issues. Commissioner Carollo: Right. Madam City Clerk [sic], but the issue is not talking in favor or against it. My issue is that this originally came as an item in the agenda. This Commission continued it to this meeting, and in this meeting it does not show up in the agenda. Ms. Mendez: I understand. Commissioner Carollo: A separate item that does have similarities does show up. Ms. Mendez: Right. So what will happen is that those who want to speak on this item will speak. Anyone who wants to speak on that non -agenda item can speak as well through this item, because they are interrelated. And then based on the decision of this Commission, that item, the previous one will be closed out as well, so it will -- can all be addressed now. Chair Gort: Madam Attorney, my understanding is that this can be amended, so that can take place and we can amend the motion, okay. Let me just finish with the public hearing. You're recognized. Antonio Esquivel: I just want to -- I sent a letter -- I'm -- my name is Antonio Esquivel. I'm the president of the Cuban Patriotic Board. Andl -- in that letter thatl sent to all Commissioners and the Mayor, I said to refer to the fact the leadership -- under the leadership of Mayor Javier Suarez, Ordinance 010694, which was passed in January 2, 1990, it clearly stated the new name at that time that will cover every single art specification or anything that will go over at the Manuel Artime, and it was moved to be name from that date as Manuel Artime Performing Arts Center. So I think that covers everything, because if not, we're going to have all the halls, this name, this name, this name. Andl have a lot of respect for Mayor Maurice Ferre. In fact, we went to school together at the University ofMiami. Thankyou very much. Chair Gort: Thankyou. DISCUSSION ITEM CHAIR GORT RECOGNIZED THE FORMER MAYOR OF MIAMI BEACH MATTIE BOWER IN THE COMMISSION CHAMBER. DISCUSSED Chair Gort: Matti Bowers [sic]; I'd like to recognize your Mayor. It's a pleasure seeing you here in Miami. City ofMiami Page 159 Printed on 4/21/2014 City Commission Meeting Minutes March 27, 2014 ADJOURNMENT The meeting adjourned at 8:11 p.m. City of Miami Page 160 Printed on 4/21/2014