Loading...
HomeMy WebLinkAboutCC 2014-06-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 26, 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 June 26, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS 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 7/18/2014 City Commission Meeting Minutes June 26, 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 26th day of June 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: 06 a.m., recessed at 12: 01p.m., reconvened at 3: 05 p.m, and adjourned at 6:18 p.m. Note for the Record: Commissioner Hardemon entered the Commission chambers at 9: 07 a.m., Commissioner Suarez entered the Commission chambers at 9:10 a.m. and Commissioner Carollo entered the Commission chambers at 9:18 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager ToddB. Hannon, City Clerk Chair Gort: (INAUDIBLE) 6, 2014 meeting of the City ofMiami City Commission in these historic chambers. The member of the City Commission is Marc David Sarnoff, Frank Carollo; Francis Suarez; Vice Chairman [sic] Marc David Sarnoff [sic]; and myself, Chairman W fredo Willy'Gort. At this time, 171 ask you to please stand for the invocation by myself and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. Chair Gort: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 14-00588 PRESENTATION Honoree Wynwood Life Festival Sandra DeLucca GET FIT Softball Team Presenter Protocol Item Mayor Regalado and Certificate of Vice Chair Hardemon Appreciation Commissioners Salutes Miami Police Dept Commissioner Special Suarez Investigation Section Vice Detail 14-00588 Protocol List.pdf PRESENTED Commendation 1. Vice -Chair Hardemon presented a Certificate of Appreciation to Wynwood Life Festival, a street festival with art, music and fashion, recognizing its outstanding initiative in our community as an important milestone in the showcasing of local talent; furthermore valuing the aesthetic City ofMiami Page 3 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 contributions of our culturally diverse citizens and appreciate their commitment to a coming together which intensifies and enriches our community. 2. The Commission presented Salutes to the Sandra DeLucca Center GET FIT Softball Team recognizing their noble commitment to physical excellence and sports competition; furthermore paying tribute for enriching our city through outstanding participation in the 2014 Special Olympics USA Games in New Jersey and applauding their formidable coaching talents and congratulating the team for winning the Silver Medal that has brought distinction to our community. 3. Commissioner Suarez presented Certificates of Commendation to the Miami Police Department Special Investigations Section Vice Detail Unit formed October 2013, for successfully using techniques of prevention, intervention and enforcement to limit, disrupt and dismantle the prostitution activities within the City ofMiami; furthermore honoring their outstanding professionalism, dedication, alertness and the relentless pursuit of justice to ensure our general welfare. Chair Gort: Okay, we have quorum. Morning. At this time we're going to have some presentations, andl think we have some very important. I need to notify that the Mayor is not going to be here today, but he asked me to thank all of you for being here, especially, he would love to have been here, but he's in a mission in trying to get more business to come to Miami. Vice Chairman, you're recognized. Presentations made. Later... Chair Gort: At this time I'd like to recognize the Sandra DeLucca Center, which is a center that's done beautiful work in the City ofMiami and worked with individuals that need a lot of help. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Do we have any minutes? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval of the Planning & Zoning minutes from the May 22, 2014 City Commission meeting. Commissioner Suarez: Move it. Chair Gort: Been moved by Commissioner Suarez. Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES MAYORAL VETOES City ofMiami Page 4 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 ORDER OF THE DAY NO MAYORAL VETOES Chair Gort: Mr. Attorney -- I mean, City Clerk, do we have any mayoral veto? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Madam City Attorney, will you go over the procedures? 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 City Code section about lobbyist 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 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 Commission chambers. Please silence those devices now. Any person making offensive remarks or becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of 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, whenever 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 Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Daniel J. Alfonso (City Manager): Good morning, Commissioners, Mr. Chairman. We are withdrawing item RE.1, the Solid Waste fee. We will bring it -- the Solid Waste fee item to the July 10 agenda with proper notice. We're also withdrawing item DI.3, the Charter amendments. There will likely be a Charter review; therefore, we're not going to bring this item back. Chair Gort: Thank you. Is any Commissioner would like to defer any of the items? Commissioner Suarez: So moved. Chair Gort: Okay, it's been moved. Is there a second? Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Suarez; second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City of Miami Page 5 Printed on 7/18/2014 CA.2 14-00497 Department of Police City Commission Meeting Minutes June 26, 2014 CA.1 14-00501 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED 2014-2017," APPROPRIATING FUNDS FOR ITS OPERATION, AND AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT OF $505,440.00 IN THE FORM OF ONE (1) REIMBURSEMENT GRANT FROM THE STATE OF FLORIDAAGENCY FOR HEALTH CARE ADMINISTRATION, TO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION FOR THE PROGRAM FOR PERSONS WITH DISABILITIES, TO FUND SERVICES AND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEDICAID WAIVER PROVIDER AGREEMENT WITH THE STATE OF FLORIDAAGENCY FOR HEALTH CARE ADMINISTRATION, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING JULY 1, 2014 THROUGH JUNE 30, 2017. 14-00501 Summary Form.pdf 14-00501 Back-Up.pdf 14-00501 Legislation.pdf 14-00501 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0233 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED NOVEMBER 13, 2013, PURSUANT TO INVITATION FOR BID NO. 372325, FROM DECON ENVIRONMENTAL AND ENGINEERING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF INDOOR FIREARMS RANGE DECONTAMINATION AND MAINTENANCE, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 6 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 14-00497 Summary Form.pdf 14-00497 Award Recommendation Form. pdf 14-00497 Bid Tabulation Sheet. pdf 14-00497 Invitation For Bid.pdf 14-00497 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0234 CA.3 RESOLUTION 14-00553 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MARLO DARRINGTON WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $49,000.00 TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED MARLO DARRINGTON VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO. 13-21813-CIV-WILLIAMS, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00553 Memo - Office of the City Attorney. pdf 14-00553 Memo - Budget Sign-Off.pdf 14-00553 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0235 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez END OF CONSENT AGENDA Chair Gort: Okay, consent agenda. Do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff. City of Miami Page 7 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PA.1 14-00538 Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PERSONAL APPEARANCES PRESENTATION MS. SANDRA RYBICKI OF THE U.S. POSTAL SERVICE TO ADDRESS THE CITY COMMISSION REGARDING THE POSSIBLE RELOCATION OF TWO POSTAL FACILITIES. 14-00538 E-Mail - Request for Personal Appearance. pdf 14-00538 Presentation.pdf PRESENTED Chair Gort: My understanding, we have a personal appearance, two of them. We have a representative from the post office here. Sandra Rybicki: Good morning. My name is Sandy Rybicki. I'm a representative of the U.S. Postal Service Real Estate Department in Dallas, Texas. And I'd like to take this opportunity today to talk to you or inform you of two projects that are currently under study in the Miami area, and it's noted here as the -- what we refer to as the Brickell Postal Store on Brickell Avenue, and the Metro Finance on Biscayne Avenue. Now, it's our policy to always keep government officials and the community updated on any plans for a local post office. So as part of the discussion today, I'd like to talk about the legally mandated process that we follow, the core strategies of the organization, and the process for public input. Now, the legal mandate that I reference is 39 CFR (Code of Federal Regulations) 241.4. And in essence, it requires that we provide public notification to the City officials and the community who may be affected by a project. Now, this process will allow for public input, which will be considered prior to any final decision. As part of a national effort, the Postal Service is evaluating our current inventory in an effort to optimize the network. As a result, we're looking for ways to reduce costs, consolidate operations, and increase efficiencies. Now, this next slide is a great visual of the ultimate plan. Our hope is at this point to right size the Brickell Postal Store from approximately 3,500 square feet of space down to 2,300 square feet of space, and the Metro Finance from 2,300 square feet to approximately 850 square feet. Now, it's our desire to retain a presence, a postal presence within approximately two to three miles of the existing post offices. Now, as I indicated earlier, the -- for any retail relocation, we are legally mandated to follow a specific process and obtain public input. Now, the first step in this process is notification of the project to the City. Second step would be notification of the process to all City officials and the community at a public forum, such as this public meeting. Now, following this meeting, there will be a 15-day wait period to receive and evaluate comments from City officials or the public. Now, once this step has been accomplished, we'll formalize our decision by sending written notification to the Mayor. Now, this letter will be posted at the post office for the community to view. At that point, there will be a 30-day wait period to evaluate appeals received from either City officials or the community. Now, during this wait period, we will begin evaluation of the market for potential sites. At the end of that period, I'll conduct a site selection, we'll convene all postal officials, and evaluate all post -- or, I'm sorry, all potential sites. Again, following this step, we'll send another letter to the Mayor outlining all of our contending and non -contending sites; there will be a 30-day wait period to receive and evaluate comments. There'll be -- once the final decision has been made, there will again be a final letter sent to the Mayor indicating the site that was selected. We'll post that letter in the lobby of the post office, and again, a final 30-day wait City of Miami Page 8 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 9:30 A.M. PA.2 14-00550 period to receive and evaluate comments. Now, at this point we consider our notification process to be complete, but we'll continue to keep the channels of communication open with the City officials, as well as the public. Do you have any questions? Chair Gort: Let me ask a question. Ms. Rybicki: Sure. Chair Gort: The Brickell one, how far -- you say you'll be within a mile of the one on Brickell? You're not going to be able to stay there, your present location? Ms. Rybicki: No. At both locations, both landlords seem to feel that there might be a better fit for the space that we currently occupy, so these projects were not prompted by the Postal Service. In both cases, both landlords have been very gracious. They've been working with us so we can retain our postal presence until we can complete this process and identify a new site, so -- but the ideal plan is within a two- to three-mile radius of the existing post offices. Chair Gort: Thankyou. Ms. Rybicki: Thankyou. Chair Gort: Any questions? Thank you, ma'am. Ms. Rybicki: Thanks. PRESENTATION MR. JULIO BALSERATO ADDRESS THE CITY COMMISSION REGARDING THE MIAMI PARKING AUTHORITY. 14-00550 E-Mail - Personal Appearance.pdf 14-00550-Submittal-Julio Balsera.pdf PRESENTED Chair Gort: Now I have Mr. Balsera, personal presentation. Julio Balsera (as translated by Deborah Spector, official Spanish interpreter): Mr. Chairman, I need somebody to translate to me. Good morning, Commissioners and Chairman. My name is Julio Balsera. I live at 5153 Northwest 4th Street, Miami, Florida. I'm coming to ask that an item be included on the ballot for the November elections, 2014, for citizens -- resident citizens with their votes to be able to decide that the Parking Authority come under the Administration of the City ofMiami. It's not correct for the streets and avenues to belong to the City and that the Parking Authority receive the economic benefits. The Parking Authority received $27.8 million for parking lots and parking meters and had operating costs of $15.6 million, and the City received 6.5 million. They have cash and credit card machines and sometimes they don't give the ticket and sometimes they give a ticket. It's not legal if you're a homeowner and around your house there are offices and businesses and they put up parking meters when you're paying your taxes to the City of Miami. And family members and friends can no longer visit you because they have received parking tickets. Businesses in downtown and other areas have been and continue to be affected by the high cost of parking in municipal buildings by the Parking Authority. If the voting public in November elections vote for the City to administer the parking and parking meters, then we can increase that -- those -- that revenue for more than $6 million so that we can have 100 to 150 police officers on the streets protecting the safety of residents from robbery and City ofMiami Page 9 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 ill -doers. I ask that 8th Street, which is known as the Cuban Historic Street, from 22ndAvenue to 12th Avenue, become a tourist zone from 9: 30 a.m. to 4 p.m.; that tourist buses be allowed to park on the south side of the street. And during that time period, more than 30 tourist buses arrive there daily; and that the speed limit be reduced to 15 miles per hour in that area. In that way, tourists can cross the street from north to south and business will improve in that area. I ask that business owners keep their storefronts well painted and their sidewalks clean, and if they do not do so, the City should impose fines; and remove unwelcomed and ill -intentioned people; that the City clean 8th Street daily, early in the morning, and that the trees there be trimmed and the lights kept on. I ask you, Commissioners, who have done so much and who have concerned themselves so much with our city, to grant my petition. Thankyou. Julio Balsera. Okay. Chair Gort: Okay, thank you. Any questions? Commissioners, any questions? Later... Later... Chair Gort: Excuse me a minute. I understand a gentleman had signed to speak. Commissioner Suarez: Oh, I'm sorry. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: My apologies. Chair Gort: (UNINTELLIGIBLE) let him speak and then -- Commissioner Suarez: Got ahead of myself. Sorry. Chair Gort: Yes, sir, you're recognized. Calixto Campo (as translated by Deborah Spector, official Spanish interpreter): Thank you, Commissioners, for giving me this opportunity. I'm the chairman of the Citizens Action Committee. We're here to protest the autonomous abuse by the Parking Authority. We were told at the beginning that we had to collect around 4,000 Signatures. And we consulted after that and found out that there's a new provision. I believe it's by the City of -- the Miami -Dade County, sorry; that the 10 percent of voters who had to sign was not 4,000 but 7,000. With the upcoming elections, we wanted to come before you because we are doing work that is -- will be to the benefit of the City ofMiami. We believe that everyone knows about the ill use of the money by that Commission, and we call on you to end that abuse and bring the Parking Authority into the Commission as another arm of the Commission. Based on the last election, there were no signatures needed for the last election. We ask you, on the Commission and the Mayor with all respect, to allow us to participate in future elections without having to collect the 17,000 [sic] signatures that are required, which is around 10 percent. Lately, there have been discussions here about where a soccer field could be built. And there was a conversation recently or a conference with Commissioners and the Mayor where it was stated that the building of a soccer stadium would have to be brought before the voting public. We ask the Commission -- and we believe we represent the yearning of the voters of the City -- to be included in that election. We believe that you are in agreement with us and that this unfortunate case can be resolved. Chair Gort: In conclusion. Mr. Campo (as translated by Deborah Spector, official Spanish interpreter): As everyone knows, I ask again that the Commission support the people in this. Chair Gort: Any questions? Question? Thankyou. City ofMiami Page 10 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 5:00 P.M. PA.3 14-00554 PRESENTATION PARK EMPLOYEES TO ADDRESS THE CITY COMMISSION REGARDING ISSUES AT CITY PARKS. 14-00554 E-Mail - Personal Appearance. pdf 14-00554-Submittal-Jose Arias-Photos.pdf PRESENTED Chair Gort: You're recognized. Yamilet Moreno (as translated by Deborah Spector, official Spanish Interpreter): My name is Yamilet Moreno. I'm here for the third time. Chair Gort: Address. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): 630 Southwest 30th Avenue. Okay. I'm here specifically about the investigation of nepotism that was supposed to take place into Luis Cabrera and Juan Pascual. We waited nine months to get this bunch of lies. According to this gentleman here, neither of these two people is guilty; neither Luis Cabrera or Juan Pascual. I would like to know who opened these positions for the family members of Luis Cabrera and Juan Pascual. Nine months have gone by and nothing has happened. Juan Pascual left and supposedly with an impeccable record, when he has been a thief here for years. Chair Gort: Excuse me, excuse me. Ms. Moreno: Okay. Chair Gort: She's got to make sure whatever statement she make, she can support the statement. Ms. Moreno: Okay. Chair Gort: The other thing I'd like for her to know, she should know -- if she knows the history Ms. Moreno: Okay. Chair Gort: Excuse me, excuse me. If you know the history of Mayor Regalado in the past and you compare it to the (UNINTELLIGIBLE), that's -- Ms. Moreno: Okay. Chair Gort: -- you don't know the history there. Let her know, let her know. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): I know, okay. When I speak, I am speaking with foundation, and nobody is going to shut me up. A man who used the parks and parkland without paying a penny, supposedly saying it was for nonprofit. And when (UNINTELLIGIBLE) was earning $8 an hour, he raised my -- the rent on the dance studio from 25 to 40; almost 40 with taxes. And with his salary, he didn't pay any rent, because it was supposedly nonprofit. And we are here with the ropes up around our necks, and you with your communism, and we don't even have enough to pay for our gas. When Regalado came in, City of Miami Page 11 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 he promoted Pascual, who was supposedly being castigated or punished and because -- and he promoted his godson, Luis Cabrera. And thanks to the corruption that Regalado has brought, we have paid the consequences. I wonder how many times I have to fill out this application; three, four -- this is the fourth time. When I went to see Juan Pascual, I asked why people were getting promoted from under me, and I asked why Dyamid Davila was the only number 3. The first time, he didn't answer, and he told me to fill out an application. Andl had already filled it out. And since he didn't answer, I came to Regalado and Luis Cabrera, and I asked again why Dyamid Davila is the only number 3 when people from underneath her are getting promoted, and nothing is happening with us. Supposedly, they were going to speak to Pascual. Andl was here for two weeks waiting for an answer from Regalado, and they never gave me an answer. Andl went to Pascual's office, andl said that just because they have that position, it doesn't mean they can do whatever they want, because the budget is for the employees, andl want to know why Dyamid Davila, who is the sister-in-law, is now in position 3. And he said he didn't know. That's the answers we get here. In this investigation, Dyamid Davila was the only one who left, because she's the only one who feels shame. And the other one is still there; the man who has no certificate and is supposed to have a license and is still in his position. So I'm wondering who has to do something about this. They're not going to do anything, andl want to know who is, 'cause this is really communism. Fifteen dollars an hour, 40 hours a week with City cars, and people who've been here for 16 years don't have that. The young lady asked me ifI don't have a sister, yes, I do. They -- to change the subject. My sister has been earning 7.76 for seven years, and we haven't talked about the corruption that's involved here, because there's budgets for them. And now I ask, where is my promotion? And Pascual told me last year that it was going to come through. There's no budget because they stole everything. I hope this new director is not like Juan Pascual, andl told him here -- Delgado was the director for less than a year, and he said he didn't want any secretaries being promoted because that was a budget for us. In here, people get promoted because I like you, because you're a family member or you're a friend. And this other Pascual has turned into another communist. I've waited for nine months. Chair Gort: Excuse me, excuse me, let her know -- Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): Nine months. Chair Gort: -- whenever she makes an accusation, she better sustain those accusations. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): Okay, okay. I'll sent memos to everyone. Three promotions to three secretaries in less than a month, and an increase for him, plus medical care for his family. And we don't even get enough for gasoline. And again, it's communism; benefits of everyone because they're abusing their power. You're here to fight against corruption, not to support it. And so I hope you be men and recognize what Juan Cabrera is and what we need. Chair Gort: Thank you. Mr. Manager, would you like to address the changes that we have made in the Parks Department; at the same time, you want to talk to -- about the request that we've had, all the Commission standing here, those people that term, they have been termed for so many years, that they should be (UNINTELLIGIBLE) and you making successful as that, please. Commissioner Suarez: Personal appearance. Chair Gort: And also, please let them know that the investigation was not conducted -- although it was conducted by the City ofMiami Audit Department, it was also conducted by the -- Daniel J. Alfonso (City Manager): Ethics Commission. Chair Gort: -- Ethics Commission, and they're the one that came out with the destination [sic]. City ofMiami Page 12 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Alfonso: Commissioners, I will address some of the concerns; some of the statements I don't think need an answer. In terms of the Ethics Commission investigation, it was done -- Chair Gort: Make sure you do it slowly so she can go ahead and translate in Spanish. Mr. Alfonso: Right. In terms of the Ethics Commission investigation, it was completed. The Ethics Commission issued its letter stating that no probable cause to the complaint was found. So in that sense, I don't need to move any further on that. As to -- Chair Gort: Would you -- excuse me -- will you put that in the record in Spanish, what he has stated? Would you -- Ms. Spector: You want me to interpret -- Chair Gort: -- translate, yes. Ms. Spector: -- for the record? Chair Gort: In Spanish. Ms. Spector: Spanish? Chair Gort: Yeah, what he just said. Repeat it again, please. Mr. Alfonso: You want me to say it in Spanish? Chair Gort: No, no, let her do the translation. Mr. Alfonso: In terms of the investigation that was done by the Ethics Commission, the Ethics Commission -- Chair Gort: Wait, wait, wait, the mike is off. Wait a minute. Mr. Alfonso: La Comision -- I'm sorry -- the Commission determined that no probable cause existed that top officials in the City ofMiami exploited their official position when relatives of Deputy City Manager Luis Cabrera were hired. That is the Ethics Commission opinion. Chair Gort: Wait a minute, excuse me, excuse me. Finish the -- Mr. Alfonso: As to promotions and what she may have been promised by former director Juan Pascual, the young lady came to me when I was Budget director and she asked if there was money in the budget for promotions. I explained to her that the director is the one that manages the department's finances. If he felt he had budget and those positions were approved, that he could promote. However, promotions are not automatic. Chair Gort: Could you translate in Spanish what he's saying? Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: I know, but they don't. Victoria Mendez (City Attorney): Madam Interpreter, the Chairman would like you to speak into the microphone and say what you are translating in Spanish for the rest of the employees to listen. City ofMiami Page 13 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Ms. Spector: Yes, ma'am. Ms. Mendez: Thank you. Mr. Alfonso: Speak into the microphone. Okay, as to promotions, promotions are not automatic. The director of the department manages his positions as he deems needed for his operation. He also manages the budget that he is given by the City Commission so that if the past director made a promise of an automatic promotion, he may have changed his mind. I cannot answer what happened except to say that promotions are not automatic; they are earned. As to the political view of myself or other people, I'm not going to comment. Commissioner Suarez: Mr. Chairman ifI may? Chair Gort: Yes. Commissioner Suarez: Just briefly. You know, obviously, it's not acceptable to get into the political views, and there's nobody here that's a communist, so let's put that issue to rest. But the -- you know, I don't want to gloss over the fact that the independent auditor did find some cause to some of the allegations, and that the Ethics Commission did also write a letter of instruction. So I think there are two issues here: One, if there are promotional issues, we as a City should admit it, should confront it, and we should make changes. I think the second issue is -- it's a little different -- is a compensation issue, and it's something that the Budget director andl have been talking about for a couple of years. Budgetarily, you know, we're getting to a point where we are now going to be paying a living wage; that's being rolled into the budget. Obamacare is going into effect. That's a health care cost that's being rolled into the budget. And we understand and agree -- I could tell you I understand and agree, andl think all our colleagues, we've talked about it many times that our employees cannot live, cannot make a living off what we pay them right now; our bottom end employees. So we who are now getting to a point where budgetarily we should be at a financial integrity threshold probably within the next year, we really need to start fixing that injustice, that inequity. Andl think our entire Commission has been pretty unanimous in that sentiment, and we'll be here at least for a little longer, and I'm hopeful that we'll be able to start that process as soon as possible. Chair Gort: You went a little bit ahead, but that's why I wanted the -- Commissioner Suarez: Sorry. Chair Gort: -- new Administration, the new Manager to explain the changes that have taken place because of the audit report that we received. Commissioner Suarez: Thank you. Sorry about that, Mr. Chair. Mr. Alfonso: Right. So ifI may, I'm going to start by saying that one of the things that we have changed in Administration is the process for hiring temps and part-timers into the departments. As you know, we had this morning here the folks from the employment center, and one of the things that we're doing is using them to be the conduit for all part-time and temporary hires. So that way, it removes that direct contact from the directors to the employees to be hired. The second thing that we have done -- and this is going to be up to this Commission to approve in the proposed budget -- is that for full-time employees of the City -- that means that they work more than 35 hours a week -- the living wage will go into effect as of October 1. That wage is about 12.50 an hour per employee. Also, effective January 1, the Affordable Care Act provision of the law, which means that all these employees that work more than 30 hours a week will be eligible during our open enrollment to sign up for health insurance. One more thing that we're asking in this proposed budget is to add approximately 130 full-time positions in the City ofMiami so that City ofMiami Page 14 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 we can take a lot of the temporary full-time employees right now, can become full City employees, including pension benefits. That last piece is being negotiated with the union, as well. Now, this does still not correct part-time employees; that is something that we have to look at further. Chair Gort: Okay, let me state also, a lot of these changes in here, we, the Commissioners, has been asking for this for a long time. I know I asked a lot. For the last four years, we been asking that those people that have been temporary for over 10 years and six years should be given the opportunity to become permanent. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): I want to mention that a lot of times we apply for positions and they already have names attached to them, as was the case of Juan Cabrera. Chair Gort: I think the Manager stated that things is taking change so it would not be like that; am I correct, Mr. Manager? Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): But in regard to the (UNINTELLIGIBLE) situation with Juan Cabrera, we have to fix it ourselves? Mr. Alfonso: I don't have anything against Mr. Juan Cabrera. The Ethics Commission's opinion is that --the same. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): We do have something against him, because he is holding a position that should have gone to other employees. Chair Gort: Okay, thank you. Yes, sir. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): Then I have to take this into our own hands. Chair Gort: Mr. Crespo, you're recognized. Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): Thank you. Al Crespo: Let me -- Ms. Moreno (as translated by Deborah Spector, official Spanish Interpreter): Thank you, Mr. Carollo. You're the only one who has even spoken to us. Thank you. Chair Gort: Yes, sir. Mr. Crespo: Al Crespo. So I was the person who filed the complaint with the Ethics Commission, and, in fact, yes, they ruled that there was no probable cause; and, yes, they issued a letter of instruction. But they also pointed out that the Ethics Commission does not have any jurisdiction over nepotism, per se; that's the important thing. But you do; the City ofMiami has a nepotism. So basically, what the Ethics Commission did, as they do so frequently, is they actually kicked the ball back to the City ofMiami and said "We don't have and we can't deal with the issue of nepotism. There's only two people that can do it; either the City ofMiami or the State of Florida, because you both have essentially the same language and the same nepotism." So my question to the City ofMiami is, first off it was my understanding when you all asked the independent auditor to do this report that he would have come back to you in a formal way and presented the report to you, and discussed with you his findings and the findings of the Ethics Commission, and then it would have been his responsibility to inform you that, by the way, the City ofMiami Page 15 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Ethics Commission has pointed out that they couldn't really deal with this issue, but do you want to deal with it? So actually, the ball is now in your court or the Administration's court, whichever it is. Are you going to open up an investigation of nepotism against Juan Cabrera, or are you not? And since I was the complainer for the Ethics Commission, I'd like to know, 'cause if you're not, I'll take it to the State. Chair Gort: Okay. Mr. Crespo: So -- Chair Gort: Thank you, sir. Anyone else? Unidentified Speaker: Public hearing? Mario Suazo Gonzalez (as translated by Deborah Spector, official Spanish Interpreter): My name is Mario Suazo Gonzalez. I live at 1320 Northwest 24th Street, Apartment 405; back here for the third time asking for justice. I came the last time because I -- position of grounds tender was taken away from me after I've been there for 12 and a half years working for the City. And I -- it was a position for which I had interviewed, andl was given Scale "A," and someone else was given the position who had been there for four and a half years and another one who had three and a half years. So I'm working in a mobile crew with three other employees, and because of favoritism, those other two people were given the position at that time. And now, two positions opened where nine people who applied and were given 'A's. " And now, they decided to select those two employees when I've been here longer. And back then when it happened, they said it was because -- they said it was up to Juan Pascual personally to select who was going to have it. I said "No, that's not right. " Andl explained, "Look, I've been here for 12 and a half years (UNINTELLIGIBLE, INAUDIBLE). And he said "No, I can do whatever I want. " And we were here in a meeting. Now we have a new director, and they've selected two employees. They gave me a facility tender job, which is less than the grounds tender thatl wanted. And now they've given two other positions to two other people when I've been here longer than them. And now they tell me that they had higher points than I did. If I'm in charge of a mobile crew andl'm seeing the favoritism that they want to put -- the director told me yesterday, "Next time." When is that going to be? It's happened a thousand times already for years, and they're doing the same thing. It's never going to happen. Why do I have to change positions? (UNINTELLIGIBLE, INAUDIBLE) than the people they're going to put in there now and that are already there. Why? I want to know why. IfI don't stand up for my rights -- this all happened because I was (UNINTELLIGIBLE), because I was afraid would get fired, that there would be -- because when you protest, there are reprisals, so you have to be quiet, andl understand this. It's unfair. Why am I going to allow them to promote people from under me? And they gave me facilities tender for 12 years and they who have been here for fewer years, they get to be grounds tender. This should not be. There's favoritism and it continues, and I'm coming here to protest; for justice to be done. I've been here three times now, andl don't see any justice; I see favoritism. Andl want justice to be done. I deserve that position because I am a good worker andl'm on the firing line on the street, constantly collecting tons of garbage, picking up trash, throwing it away, trimming. And there's others who don't do that, and they get the positions. So I want justice to be done, andl don't want to be (UNINTELLIGIBLE). Deceiving me the way they've been deceiving me all this time. I know that this man is not the only one, but he'll be the victim of -- done badly, because he's the one that's there now, andl don't want him to be victim and understand what I'm saying, and for justice to be done, and for me to get the position I deserve. Chair Gort: Okay, thank you. Mr. Gonzalez: (as translated by Deborah Spector, official Spanish Interpreter): There's another employee here, Ariel, who's been here for nine years, more time than the other people who have gotten the positions, and he's not here, because he's afraid, he's afraid, because that's what City of Miami Page 16 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 they've been inculcating is fear, because if you protest, you're going to lose your job; that there will be reprisals. Why? Because we're standing for our rights? IfI don't stand up for them now, when am I going to? Why am I going to take the position of -- facilities tender when someone else is getting to be a grounds tender? Even if the difference is a matter of cents, I don't care -- Chair Gort: We'll give him a chance to answer now. Mr. Manager, will you -- Mr. Alfonso: Yes. Chair Gort: -- explain to him the procedure that an employee can do if he feels he's being discriminated; not only within the City ofMiami but within the Federal government, okay? Mr. Alfonso: Correct. Commissioners, every employee, if he feels he is being discriminated, can go to the Equal Opportunity Office of the City ofMiami, the one at Dade County, the one at the State of Florida, and the Federal office, and all at the same time if that's your desire. In the case of this particular employee, I will say that in reviewing the records of his applications for employment, he was not the top rated employee. He ended in a band with other employees, and that it is the policy when more than one employee ends in the same band -- so if you have three employees that end up in the "B " band -- and you have one position, it is at the discretion of the director who is going to be promoted; it is not simply a matter of how long you've been in the City. Chair Gort: Thankyou, sir. Mr. Gonzalez: No, no. Chair Gort: Please. Mr. Gonzalez (as translated by Deborah Spector, official Spanish Interpreter): I have something else to say. Chair Gort: Listen, let me tell you -- Ms. Spector: He's explaining that seniority doesn't count, but for other people, it does. Chair Gort: He can file a -- Mr. Gonzalez (as translated by Deborah Spector, official Spanish Interpreter): Look at Rafael Gonzalez. Chair Gort: -- complaint with the Federal government, State government, County government and City over here, and he can get an attorney and sue the City, okay? Thank you. Mr. Gonzalez: Thank you. Ms. Spector: Thankyou. Chair Gort: You're recognized. Ms. Spector: Thankyou. Renita Holmes: Thank you, Chairman Gort and the rest of you that taken the time to stay and hear this and from a different perspective. You know, I'm not going to sit here and put my hands on this podium and try to hold it up, 'cause I've been doing that for five years. I could tell you how long I've talked and worked with community -oriented policing, and when I leave here, I am City ofMiami Page 17 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 going to support Mother Georgia Jones Ayers in the loss of her husband for 47 years, but this woman standing had a man to back her up. The man that you chose to look over Parks, which is the safest place for me, you can understand the relativity. She had her opportunity andl support Yamilet. We have a disparity in the process, we have a problem with due diligence, and we do have an apparent pattern and trend of paying people to take us through civil litigations amongst civil liberties of folks who need access to public properties and facilities. However, just take it from me, like Mother Ayers was straight up. This is a lot of "oompah. " I got ten children dead and we're 'round here talking about nepotism on hiring. But the guy that's in charge of making sure that parks are safe as far as contamination and health happen to be under my strong Mayor's office, and now he's back in community -oriented policing. Now, let's take away the fact that he is a relative. I'm talking about performance. I don't want to have to sue this board or this council to get performance, but I'm 300 and some bodies in children needing safe spaces in park. I'm a taxpayer. I ain't got to pay a lawyer to come here to pay you all to do right and has (UNINTELLIGIBLE). As much as I love you, I know you care, I hear what you saying, but I'm not angry. I am begging you. What is the personality issue that we have here that we can't have protocol and a process that's fair to the point that children are dying and women that are out of a job when they want to take safe places? I don't accept that manly answer, Mr. Gort, but ifI got to lay down in front of this parking lot with a bunch of mothers, which we're at the point of doing to make sure that we don't have to deal with men's bonding issues, and personnel issues, and a process that is apparent and fair to all workers and employees, and mothers to access public land or safe place, do we really have to hire a lawyer? I'm not with that. I have a right to lay down in them parks; lay down in your office, too, if that's the safest place I get to make you guys pay attention that the personality has to move, and police should not be the only one doing safety. Parks need to have it better, but the way you've been treating women and children and charging us to get in that park, and whosever saying that these parks are safe from contamination and all that, I got a bigger problem. So you really want me to sue about that? Let's talk about it. Chair Gort: Thank you. Yes, sir. This is the last person (UNINTET,TIGIBT,F) Jose Arias: Good afternoon. My name is Jose Arias; my address, 2380 Northwest Flagler Terrace. My English not perfect. Chair Gort: You're doing good. Mr. Arias: But I want to -- I not feel good for a few month. I been with the City for 17 years. The last three years and a half, I was doing an irrigation supervisor in the Department of Park & Recreation. And there is another employees there that the City create or the department create another positions to help those people. Even Mr. Cabrera has brother. In October last year, I request a five percent to be working out of class, because my real position is irrigation specialist. Andl was here in October on the last meeting when all those Parks & Recreation employee was here, andl'm here when you guys say that no one supposed to take any action to those guy. Actually, they take action with us employees. One of them be fired; another one was transferred on another park. Even me, I was transferred to another park, because I'm request a five percent to be working out of class. And I'm requesting Mr. Juan Pascual and Rafael Gonzalez that if I'm working out of class andl'm do a good job, I think that, you know, you guys got to do something for me. If not, I'll go back to my position; that's not a problem, okay? I'm not -- I don't want any more responsibility about the supervisor position and what they do to me. They saw my face over here at the City Hall; they take action on me. They send me over there to Little Haiti Park. I'm spend six month over there. I'm call Ms. Lara, the acting director, and sent an e-mail (electronic) to her asking why; what was the reason that they send me over there. And she say the City need me there because the irrigation system has a problem. I got the e-mail over here. And five month later when they fired Mr. Gonzalez, they try to bring me back to operation, but they ask me to sign a document, was term and condition. There is no disciplinary action. They no send me -- they not send me over there to any disciplinary action, right? And, well, they bring City of Miami Page 18 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 9:00 A.M. PH.1 14-00498 me back to operation. And the reason that they send me over there to Little Haiti Soccer Park is because I'm spoke to my supervisor about a lot of things that happen in this department. They not take care of the equipments, okay? They not take care of the parks, and what they do to me? I went to see Mr. Juan Pascual, andl showed all those picture that got over here. I don't know ifI can give it to you, Mr. -- Commissioner Carollo: Give it to the City Clerk and we'll place on the record. Mr. Arias: I want you guys see that picture and take a look how they take care of the equipments over there in Parks & Recreation Department. And they discriminate persons over there in this department. They got favoritism in this department. Andl know the history of this guy over here; spent 12 years with this department. And every single year, he apply for a grounds tender position, and every single year, he get in Band "A" where he got on an interview. Well, you know, Pascual and Mr. Gonzalez don't like him; they don't like me, either, okay? And the director and the administrator was in our department last week, andl hear where the administrator tell Mr. Elier Paez that he needs to improve his life, he need to learn a little more English. I want to ask you something. Cabrera brother do speak in English? The two arborist position that has been created in the Parks & Recreation Department, do those people speak any English? Like I told you, I got 16 years, 17 years in this department, and it's really hard, really hard to learn English when you get old, okay? Thanks. Chair Gort: Thank you. Mr. Manager -- I'll hear comments from any of the Board Members, but I would like for you, since we have a new board of directors in there and the person in charge of personnel, the changes that have been made, that you have made at the request that we have and that the audit reports, okay? Mr. Alfonso: Yes, Mr. Chairman. Chair Gort: Make sure that they get together and everybody knows the process, what it is, okay? Mr. Alfonso: Yes, Mr. Chairman. I also want to point out that this gentleman did file a grievance for his out of class pay, and he is receiving that out of class pay at this time. Chair Gort: Okay, thank you. Any -- Mr. Arias: Yeah, I'm receive one year, one year, but I was working out of class for three years and a half. What about the other persons? What about the other position that they create to a person who don't speak any English? What language do we have to speak over here? Chair Gort: Excuse me, excuse me. I've instructed -- we have instructed him to get together with you all and go over your problems and discuss it, okay? Thank you. Mr. Arias: You're welcome. Chair Gort: I think I've given you plenty of time. Thank you very much. Okay, anyone else, any comments? END OF PERSONAL APPEARANCES RESOLUTION PUBLIC HEARINGS City of Miami Page 19 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2014-2015 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE AMOUNT OF $132,830.00 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, LONG TERM TENANT BASED RENTAL ASSISTANCE PROGRAM TO THE AGENCIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00498 Summary Form.pdf 14-00498 Notice of Public Hearing.pdf 14-00498 Pre-Legislation.pdf 14-00498 Back -Up From Law.pdf 14-00498 Legislation.pdf 14-00498 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-14-0236 Chair Gort: PH.1. Roberto Tazoe (Assistant Director): Roberto Tazoe, Department of Community and Economic Development. PH 1 is a resolution approving the allocation of Housing Opportunities for Persons with AIDS (Acquired Immunodeficiency Syndrome), HOPWA (Housing Opportunities for Persons with AIDS) Program Funds, in the amount of $132, 830 from the Department of Community Development Long -Term Rental -- Tenant -Based Rental Assistance to the agencies specified in Exhibit A. "As you recall, Mr. Chair, earlier in the year, Miami Beach CDC (Community Development Corporation) was defunded. Some of these clients were transferred to an agency serving the Beach. This resolution, what it does, it transfer the remaining clients to the other agencies providing similar services. Chair Gort: Thank you. This is a public hearing. Anyone in the public would like to address this issue, PH.1 ? Seeing none, being none, hearing none, comments. Do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: Moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Tazoe: Thank you. City of Miami Page 20 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PH.2 14-00499 Department of Community and Economic Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN THE TOTAL AMOUNT OF $362,000.00 TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING SAID FUNDS FROM THE CITY-WIDE POVERTY INITIATIVES PROGRAM, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 14-00499 Summary Form.pdf 14-00499 Notice to the Public.pdf 14-00499 Pre-Legislation.pdf 14-00499 Legislation.pdf 14-00499 Attachment A. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0237 Chair Gort: PH.2. Alfredo Duran (Deputy Director): Good morning. PH.2. Alfredo Duran, Department of Community and Economic Development. It's a resolution authorizing the allocation offunds, in the total amount of $362, 000, to the agencies as specified in the attached -- Attachment A'and incorporated thereto for public service activities; allocating said funds from the citywide Poverty Initiative Program. This is the annual $362 [sic] that are provided to the public service elderly providers. Chair Gort: Okay. It's a public hearing. Yes, sir, you're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I see so much money going to public service, butl want to know of that money, how much goes directly to the poor people, and how much money is lost in administration and this and that and that and that? Because I understand that you allow a certain percentage for administration, but when they say 20 percent, they go 19.99. They don't go 10 percent or 5 percent. I'd like to see more of the money going to the poor people, really, okay, because the situation is bad out there. When you see people selling mangos in the corner and selling lime, the thing is bad. Most of the people here don't realize, because they get a paycheck every two weeks. I don't know have to work either, so I have -- I got no problem. But a lot of people out there got problem, because they ask me every day Find me a job. Find me a job. "People want to work. And they are -- there's no work. It's a lot of poverty out there. Maybe we are in the ivory towers; we don't see the poverty that's surrounding us. So I'd like to see exactly of where the money, the money going to the poor people. Thankyou. Chair Gort: Thankyou, sir. Grady Muhammad: Good morning, Mr. Chair. Grady Muhammad, president and CEO (Chief Executive Officer) of Miami -Dade First, 5658 Northwest 7th Avenue. Anti poverty initiative funds is great, andl think there's some later items -- I sent all of y'all an e-mail (electronic) specifically reference to the Bayside, 'cause we should be trying to get some more dollars to this City of Miami Page 21 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 poverty fund so we can really eliminate poverty. Jesus say you going to have -- always have the poor, but if we could start to literally targeting these anti poverty initiatives instead of spreading it out -- starting to using the process of elimination. Those organizations that perform gets some more money. Those who are not performing, we eliminate them so we could -- because the dollars are finite, but we have to ensure we use the best of our resources with those organizations who are carrying out those services, helping organizations, helping seniors, helping youth. And once we do that, we'll start to seeing an improvement. 'Cause in my community, we just seeing murder, murder, murder, murder, and it's because the lack of jobs, jobs, jobs, jobs. People ain't got a job, they doing unfortunately, any and everything that they can be able to do to make a living. If we make a opportunity for jobs to be able to be created -- 'cause the jobs are being created; the people got to get it. Even if they felons, they go to be able to get those jobs, because if they don't, then they going to be coming here requesting anti poverty initiative funds, 'cause they surely are poor. Thank you, Mr. Chair and Commissioners. Chair Gort: Thankyou. You want to answer the funding, the -- my understanding, this funding goes direct for operations. Mr. Duran: Yes, absolutely. The funding that these agencies are getting goes directly to provide meals and elderly services, not administration. Chair Gort: Thankyou. Okay, PH.3 [sic]. Commissioner Sarnoff. So moved. Chair Gort: Oh, it's been moved. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 14-00504 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT, FROM DRAEGER SAFETY, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, FORA FOUR (4) YEAR PERIOD, ATA FIRST -YEAR COST NOT TO EXCEED $30,000.00, WITH ANNUAL INCREASES NOT TO EXCEED 4%, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $128,000.00; ALLOCATING FUNDS FOR THE FIRST YEAR OF THE CONTRACT FROM THE DEPARTMENT OF FIRE -RESCUE ACCOUNT NO. 00001.184010.546000.0.0, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 22 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 14-00504 Summary Form.pdf 14-00504 Notice to the Public.pdf 14-00504 Memo - Sole Source Finding.pdf 14-00504 Memo - Request for Sole Source Finding.pdf 14-00504 Back -Up From Law.pdf 14-00504 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-14-0238 Chair Gort: PH.3. Vice Chair Hardemon: We're moving back to PH.3? Unidentified Speaker: Are we going back to PH.3? Vice Chair Hardemon: PH.3. Commissioner Carollo: Yes. Vice Chair Hardemon: You're recognized, sir. Joseph Zahralban: Chairman, members of the Commission. Joseph Zahralban, Deputy Fire Chief Department of Fire Rescue. PH.3 is a resolution requesting the establishment of a repair and maintenance agreement with Draeger Systems. This is for the repair of our self-contained breathing apparatus. These are pieces of equipment that are used by our frontline firefighters for the protection of their airway when they enter a hazardous environment. This is a sole source item. Vice Chair Hardemon: Is there anyone from the public that'd like to speak on this item? Seeing none, I'm opening and closing the public hearing at this time. Commissioners, is there any discussion? Commissioner Carollo: Move it. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved by Commissioner Carollo; seconded by Commissioner Suarez. Any unreadiness? Hearing none, all in favor -- well, andl want to be sure that the Clerk realizes all of us are here, all five Commissioners. All in favor, indicate it by saying iiye. " The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. Deputy Fire Chief Zahralban: Thank you. END OF PUBLIC HEARINGS RESOLUTIONS City of Miami Page 23 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 RE.1 RESOLUTION 14-00511 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTIES LOCATED WITHIN THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00511 Summary Form.pdf 14-00511 Legislation.pdf 14-00511 Appendix B.pdf RE.2 14-00299 Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE Commissioner Marc GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR David Sarnoff FINANCING OF QUALIFYING IMPROVEMENTS TO SINGLE FAMILY AND DUPLEX RESIDENTIAL PROPERTIES LOCATED IN CITY OF MIAMI COMMISSION DISTRICTS 2 AND 4. 14-00299 House Bill 7179.pdf 14-00299 State Statute 163.08.pdf 14-00299 Pre-Legislation.pdf 14-00299 Legislation (Version 2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Gort R-14-0239 Chair Gort: PH.3. Todd B. Hannon (City Clerk): Chair, that requires a four fifths. Chair Gort: Okay. Chair Gort: RE.1 is next meeting. RE.2. Commissioner Sarnoff. Thank you, Mr. Chair. Grace Solares: Mr. Chair? Chair Gort: Yes. City of Miami Page 24 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Ms. Solares: Point of clarification. PH.3 says it moved by a four fifth vote of the affirmative -- Section 13. Is it call for a four fifth? Chair Gort: That's why we're not taking it now. Ms. Solares: PH.3? Grady Muhammad: That was PH.2. Ms. Solares: You did not take PH.3? Mr. Muhammad: No. Chair Gort: No. Ms. Solares: Oh. Chair Gort: We're waiting for the full Commission. Thank you. RE.2. Commissioner Sarnoff. Thank you, Mr. Chair. This is the PACE (Property Assessed Clean Energy) Green Corridor initiative that we brought back to the Commission. It is a pilot test program for residential communities. It is fully exclusively in District 2 and District 4, andl would so move it. Chair Gort: It's a motion. Is there a second? Commissioner Carollo: Second for discussion. Chair Gort: Second. Discussion. Commissioner Carollo: Thank you, Mr. Chairman. I would prefer the District 4 Commissioner to also be here, since it directly impacts his district. Once again, Ijust never got over the Fannie Mae and Freddie Mac issue, and I think that's why you want to do a pilot program in your district and Commissioner Suarez, so I prefer if he was here also. And the pilot program will be for how long; a year, two years? Victoria Mendez (City Attorney): That -- in this resolution, we did not put a time frame. I was going to leave it up to the district Commissioners, if they thought that it was not working, to bring back a resolution to sunset it, but we can -- Commissioner Carollo: Right. And -- Ms. Mendez: -- we could put a time frame. Commissioner Carollo: -- that's why I asked. That's why I wish the District 4 Commissioner would be here. Because if we call it a pilot program but we don't say when to sunset it, then it becomes forever, unless someone brings it back. Chair Gort: Let me tell you how I feel about this. My understanding is, when we approved it -- I'm not for it. But when we approved it, we approved it for commercial, because I believe the people in business -- the people, they are very sophisticated, they have a system, they have lawyers, they have accountants, they have all kinds of individuals that can help them. If you look at these applications and all the things that people have to go through, individuals, it's very difficult So I said, `Let's try it." My understanding, we have a lot of businesses within the City ofMiami, quite a few of them that could use that type of expenditure. And reading the minutes City ofMiami Page 25 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 and reading all the records of the performance, to me, I'm not impressed at all, but it's up to you all. Commissioner Suarez here. Commissioner Suarez: Yes. Thank you, Mr. Chair. I think Ms. Solares is here. She may want to speak on this item. Grace Solares: Grace Solares. I am confused, actually. Why is it in 2 and 4? What about 3 --? I just heard him; he doesn't want it in yours? No. You don't want it in yours? Commissioner Carollo: I'm not in favor of it. Ms. Solares: I guess 5 doesn't want it in his? No, okay. Commissioner Suarez: There you go. I think the Commissioners from the other districts are wanting to let the pilot program run its course and then go from there, so. Ms. Mendez: Commissioner Suarez, I just wanted to point out for the record that I did not put a sunset provision in this resolution. I figured that Districts 2 and 4 would advise in the future if they wanted to sunset it. We could add one, but I just wanted to advise that it does not have a sunset provision. It could just be brought back to end it at the time if it's necessary. Commissioner Sarnoff. Yeah. Just real clear, I don't want to put a sunset on mine. Commissioner Suarez: You don't want a sunset, Commissioner? Commissioner Sarnoff. I don't, no. Commissioner Suarez: Okay. Yeah, that's fine. I mean, if I'm -- ifI get -- listen, ifI get one complaint from a resident, I'm going to -- you can rest assured that I'm going to be bringing it to the Commission, so -- I don't anticipate that happening, but yeah, I don't think a sunset provision is necessary. I don't think it's needed. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I just don't see how could it be a pilot program if there's no sunset date. Ms. Mendez: It's a -- because it's not citywide. It's some -- Commissioner Suarez: District wide. Ms. Mendez: It's -- Vice Chair Gort: Like a special assessment. Ms. Mendez: We're doing it in two districts only. Commissioner Suarez: To test it out. Commissioner Carollo: Right. But it's still passing it in two districts, as opposed to a pilot program. It -- you know, usually, a pilot program is like a test for X'amount of time, a period of time. But this, we're just passing a resolution on -- in two districts. That's basically what we're doing. If you are -- if you have an issue with it, then I guess you bring it back to Commission, but then it will be, you know, a new resolution, and not necessarily that it sunset and you come City of Miami Page 26 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 back with an evaluation or some type of "This is what we received; this is how it worked. This is" -- because even with the noncommercial, I don't think we've ever had someone come back to us and give us a briefing on exactly how has the noncommercial -- I'm sorry -- the commercial side worked, so I -- that's what I'm looking for. In order for it to be a true pilot program, in two years, a year -- I don't know what's the right amount of time -- it should come back to Commission and we should see, !ley, listen, this is how many people have actually applied, this is how many people affected, this is how many complaints we've had, " so it'll be a true pilot program. That's the only thing I'm seeing with regard to how the resolution is right now. Commissioner Sarnoff. Let me -- I wasn't going to get into too much of the merits of this, but thinkl will. Based on the research that you did, Commissioner Suarez, with regard to reverse red -lining, we did some independent research on that to find out what does the average Miami citizen procure? What are they able to get a loan for? The average loan in the City ofMiami appears to be about 17 and a half percent. So we are making available in our districts money that is averaging about 6 to 7 percent interest. I think that's a significant increase in the benefit to the citizens having not to pay back an additional 10 percent. Equally, Miami -- or I should say Florida is what is called a "lien holder theory state." It is not a title holder state. Andl think you would find out that Fannie Mae and Freddie Mae [sic] see that differently than they do in California, which happens to be a title holder state. And that's a pretty sophisticated conversation that think Commissioner Suarez could probably have better with you than I could, 'cause it happens to be more of a real estate term. The purpose of me doing this for my district -- and maybe Commissioner Suarez will speak to his district -- is simply to make money available to folks that either don't have access to it or only have access to it at significantly high rates, and it allows and affords people to put new roofs, new windows, and if you will, hot water heaters, and if you will, some solar panels on their homes with the intention of lowering their heating and air conditioning bills, and there is a savings in that by doing that. Equally, there is a savings in that some people will have access to money that don't have access to money at those rates. I would tell you, Commissioners, that anybody who doesn't pay their tax bill today is subject to the same issues that they would be subject to if we passed this. So I could also tell you Ygrene has been the recipient of a number of awards and, as a consumer, is very protective of its reputation and its brand to make sure that nobody is going to be defrauded, and that's the gatekeeper concept. So that's why I'm going to support it for my district. I understand if you don't want to support to it for your district. I simply want to make access to money to some folks that will never have access to money or will only have access to money at better than 17 percent, and that's why I support this. Commissioner Suarez: Yeah, I mean -- look, I don't want to re -litigate that issue either. I think we kind of did it, and that's why we came to this kind of compromise, rather than -- andl appreciate, actually, the Commissioners because it -- there's obviously three Commissioners that don't want it in their districts, so there's a majority of the Commission that may not want this generally, so it's a compromise for them to allow us to go forward in our districts. I think it has to do, you know, somewhat with the fear on their part of predatory lending, obviously. And, you know, I've led the charge against the major banks, because I feel that there was a clear case of discriminatory lending, andl think those cases are going very, very well. By the way, I don't know -- at some point, I may want to make a report to this Commission as to the status of those cases, 'cause they're advancing in LA (Los Angeles), and the farther those cases go, the better it is for the City in terms of us recapturing some of the lost monies and damages that we suffered as a city and our residents suffered. In this particular case, as a District 4 resident myself, you know, I guess one of the reasons why I found this to be so -- you know, so beneficial, not only because I think people in my generation are now becoming much more green -conscious, generally, but there is a flow of capital issue in terms of borrowing money, absolutely, andl could see that in my professional capacity where a lot of the real estate transactions that I see happening are being purchased with cash, all -cash deals; very few of them are leveraged as they were -- as they often are. And you know, sometimes I try to -- when making a decision like this, try to put myself -- you know, what wouldl do for myself in a sense, you know? Andl would City ofMiami Page 27 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 love to take advantage of a program like this. I know I redid my windows, and I paid for it myself, you know, and -- you know, and it would have been great to be able to, you know, as a young professional trying to succeed, have this opportunity. So, look, I think it's something that's worth trying in my district. I would have voted for it, by the way, a year ago. I think we compromised a year ago when we decided that we were only going to limit it to commercial establishments, and I would have voted for it for residential a year ago, but I think we compromised. And think it's a compromise now to let us try it as a pilot program. I don't have a problem with -- Madam City Attorney, can we do something similar to what we did with the commercial where we actually came back a year later and just kind of took -- take a look at it and had them make a presentation to the Commission? Ms. Mendez: This Commission can ask for any type of request by the Administration to come back and review it. Commissioner Suarez: So what we could like is -- what I would like is, a year from now, not necessarily a sunset date, but at least a report on what -- you know, as another further compromise to having a sunset date -- on the efficacy of the program, of how many people have borrowed the money, is it successful, you know. And then at that point, we can decide whether we want to sunset it, whether we want to terminate it, whether we want to do something else with it. So, you know, I think, let's -- that's -- if the other Commissioners are okay with that, I'd like to go down that path. Chair Gort: Any further discussion? And you say the loans banks today on property is 17 percent? Commissioner Suarez: No, no. I think what he was trying to say is that people borrowing money generally, credit cards, everything. If you put in credit card debt and all that, unsecured debt, oh, 20, 24 percent. Commissioner Sarnoff. Yeah. Commissioner Suarez: And it's weird, because the State of Florida limits you to 18 percent, so I don't know how they're able to get around -- I guess they're just not -- they're not -- I think they're breaking the law, but -- Commissioner Sarnoff. Twenty-three percent. Commissioner Suarez: Yeah. I think they're breaking the law, but they could get sued in Florida. Chair Gort: Okay. Any further discussion? Being none, all in favor, vote it by saying jfes. " Commissioner Suarez: Aye. Commissioner Sarnoff. Aye. Commissioner Carollo: Aye. Chair Gort: No. I'm sorry. You want to discuss? Okay. ToddB. Hannon (City Clerk): I'm sorry, Chair. Who registered the "no"? Commissioner Suarez: Commissioner Hardemon. Vice Chair Hardemon: No. It was -- City of Miami Page 28 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: Commissioner Gort. Mr. Hannon: Thank you, Mr. Chair. Commissioner Suarez: Oh, I'm sorry; Commissioner Gort. Ms. Mendez: And well amend it with the provision that it will come back with a report in a year Commissioner Suarez: Yes. Ms. Mendez: -- as a "whereas." Commissioner Suarez: Thank you. Ms. Mendez: Thank you. Mr. Hannon: As amended. RE.3 RESOLUTION 14-00494 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD D/B/A CAREER SOURCE SOUTH FLORIDA (" SFWIB") IN A TOTAL AMOUNT NOT TO EXCEED $1,747,434.00 ("GRANT") FOR THE OPERATION OF THE MIAMI CAREER CENTER ("CENTER") LOCATED AT THE LINDSEY HOPKINS EDUCATIONAL CENTER LOCATED AT 750 NORTHWEST 20 STREET, MIAMI, FLORIDA; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SOUTH FLORIDA WORKFORCE INVESTMENT BOARD GRANT FOR WORKFORCE INITIATIVES 2014-2015" TO ACCEPT THE GRANT AND APPROPRIATING THE GRANT IN AN AMOUNT NOT TO EXCEED $1,747,434.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIXED RATE CONTRACT WITH COST REIMBURSEMENT GRANT COMPONENTS WITH SFWIB AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING JULY 1, 2014 THROUGH JUNE 30, 2015, WITH THE OPTIONS TO RENEW FOR TWO (2) ADDITIONAL LIKE PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE CENTER, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED $50,000.00, FROM THE EXISTING SPECIAL REVENUE FUND ENTITLED "ACCESS MIAMI" TO UNDERWRITE OTHER EXPENSES RESULTING FROM THE OPERATION OF THE CENTER NOT COVERED UNDER THE GRANT. City of Miami Page 29 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 14-00494-Legislation-SUB. pdf 14-00494-Memo-Substitution for RE3-Accept Grant Funds. pdf 14-00494 Summary Form.pdf 14-00494 Exhibit 1 - Request For Proposals.pdf 14-00494 Exhibit 2 -Technical Proposal Narrative.pdf 14-00494 Exhibit 4 -Itemized Budget.pdf 14-00494 Exhibit 3 -Balanced Scorecard Report.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-1 4-0240 Chair Gort: RE. 3. Daniell Alfonso (City Manager): RE.3. Commissioners, just real quick, as a point of privilege, I guess, I want to -- since Lillian Blondet is up here and we talk about the grants that we receive, there are members in the audience that are participants of a grant that we -- this Commission accepted not too long ago. And we brought in over 100 high school graduates or seniors from the City ofMiami high schools, who live within the City ofMiami, and some of them are in the audience. Perhaps, some of them are actually working in your offices. We'd like for them to kind of stand up and just be acknowledged real quick. Commissioner Suarez: Mine are great, by the way. Applause. Chair Gort: I have to tell you, I have two in my office, and I'm very much impressed with them. They're doing a great job, and they're really helping out a lot. Good job. Commissioner Suarez: Can I just say something on that, Mr. Chairman, too? Chair Gort: Sure. Commissioner Suarez: Listen, I think this is an excellent program. Andl have two in my office, too. They're both fantastic. They always greet me with a smile every morning, and you know, they're working really, really hard. And it's just great to be able to give children in our community an opportunity not only to earn a little bit of money, but you know, to learn how things function over here. So it's an absolutely fantastic program andl commend you both for it. Lillian Blondet (Director/Grants and Sustainable Initiatives): Thank you. Good morning. Lillian Blondet, Office of Grants Administration. Chair Gort: Those are my two and they're great. They're here 8 o'clock in the morning and they stay here until 5. Thank you. Applause. Vice Chair Hardemon: Mr. Chairman, see now, everyone's bragging about their interns. Now I have to brag about my interns. You started it. You opened up that can of worms. I have three in my office, that's right. So my interns, definitely, they come excited. They're willing to learn. Most of them are City ofMiami residents. Well, they are City ofMiami residents, and one is actually from my district. So they're particularly excited to see how things happen here before they make the papers and that, to me, I think is one of their biggest learning experiences, to see City ofMiami Page 30 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 how things happen at the City Commission level before the Miami Herald takes it and makes it front page news. Chair Gort: Thankyou. Yes, ma'am. Ms. Blondet: Well, since we're bragging about students, I have one of my students here, Kenya. So she's doing a great job. The other student is not here this morning, but she'll be in another meeting. They're very excited about learning everything about the City and just the working environment, so it's a pleasure to have her here and in our offices. So to get started with RE.3, Lillian Blondet, Office of Grants Administration. This resolution has to do with the acceptance of funding from South Florida Workforce Investment Board. I'd like to give you a little bit of background on the program before we move into a resolution. As you may remember, about two years ago, we accepted a grant. We refurbished the site of Lindsey Hopkins and opened the center to the public to operate fully last year about March. We started as a new center; had to implement procedures, had to hire people; had to just come with all new processes at that site. Because it was a new center, we -- in accordance to the benchmarks provided with Workforce, of course, we were not one of the best performance centers. I'm happy to say that now we're ranked among the top centers as number two, based on the Workforce benchmarks that they -- how they measure the center. In this resolution, specifically, there's a substitution. We wrote the resolution based on the money that we applied for. It's a grant for three years. And at the time, we didn't know how much money we were awarded. And in order to be here today, we use the funding that we applied in the resolution -- I mean, in the application and the substitution will show the money that we were awarded. Before we move forward, I wanted to introduce and let David Gilbert, who is the center manager, to give you a little bit of information on the accomplishments in the center this year and some of the jobs numbers that we have been able to reach. Chair Gort: Thankyou. David Gilbert: Good morning. David Gilbert, center director, City ofMiami. Career Center, South Florida, Career Source South Florida. As of July 1, 2013 until May 31, 2014, the Career Center has had 1,900 -- well over 1,900 visitors to the Career Center. We have created 877 employment opportunities. We have gainfully employed 872 individuals. We have also provided services and workshops to 800 -- well over 800 individuals that fall into a special category, those being disabled, veterans, or ex -offenders. We've also put in training 19 individuals, where 11 of those individuals have completed training and successfully became gainfully employed in a related occupation to the training. We have also provided 1,517 services to employers in the City ofMiami, as well as employing 28 staff of the Career Center. Chair Gort: Thankyou, sir. Questions. Yes, sir. Vice Chair Hardemon: Quick question. Do you keep statistics as to far -- as far as in the City of Miami, what districts you have employment opportunities provided for people? Mr. Gilbert: No, we do not. Vice Chair Hardemon: No? Is that something that you can begin to do so that we can start to know exactly where your training and your placement is coming from, at least within the City of Miami? Mr. Gilbert: Absolutely. Vice Chair Hardemon: And did you have a career fair at Charles Hadley Park -- I mean, I'm sorry. Yeah, career fair, career fair. City ofMiami Page 31 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Gilbert: Yes. Vice Chair Hardemon: Career fair? Mr. Gilbert: Yes, we had a career fair for -- a recruitment for -- Vice Chair Hardemon: A recruitment fair. Mr. Gilbert: -- (UNINTELLIGIBLE). Vice Chair Hardemon: However you place it. How did that one go? Mr. Gilbert: That went well. We've had -- at the recruitment, we had well over 130 individuals show up, and an employer has a tendency to hire 45 of those 135 individuals and they all are City ofMiami residents. Vice Chair Hardemon: And that's how many he did hire? Mr. Gilbert: That's how many he's planning to hire for the project. Vice Chair Hardemon: Okay. Mr. Gilbert: Yes. Vice Chair Hardemon: Thank you very much. Chair Gort: You know, one of the things that requested the people that come -- call the office looking for job and so on, I send them to the Workforce office, which is right there on 7th Avenue and 20th Street and Northwest, and they all get trained, they all help them do the resume, and at the same time, they also try to show them some new skills and try to train them to get better jobs, so -- And one suggestion that we ask anyone that receives funds from the City ofMiami to do any project, they should go through Workforce that already have people that have been trained and they qualf to be hired. So that's one of the things that I'm requesting, that the -- anyone that needs to comply with our codes, they should go through Workforce first. Thank you. Do I have a motion? Ms. Blondet: You want me to read the resolution into the record? Chair Gort: Read the resolution, yes. Ms. Blondet: RE.3 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to accept grant funds from the Career Source South Florida, doing business as South Florida Workforce Investment Board, in an amount -- in a total amount not to exceed $1, 747, 434, for the operation of the Miami Career Center, located at the Lindsey Hopkins Educational Center, located at 1050 Northwest 20th Street, Miami, Florida; establishing a new special revenue project entitled "South Florida Workforce Investment Board Grant" for workforce initiatives, 2014/2015; to accept the grant and appropriating the grant, in an amount not to exceed two million -- oops -- in an amount not to exceed $1,747,434; further authorizing the City Manager to negotiate and execute a fixed-rate contract with cost reimbursement grant components with South Florida Workforce Investment Board and to negotiate and execute all other necessary amendments, extensions, renewals, and modifications, in a form acceptable to the City Attorney; to implement the acceptance of and compliance with the grant award for said purpose for the period commencing July 1, 2014 through June 30, 2015, with the options to renew for two additional like periods, at the same not -to -exceed amounts, under the same terms and conditions for the Center, subject to budgetary approval at time of need; further authorizing City ofMiami Page 32 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 RE.4 14-00583 the City Manager to allocate and appropriate fund, in an amount not to exceed $50, 000, from the existing special revenue fund, entitled "Access Miami," to underwrite other expenses resulting from the operation of the Center not covered under the grant. Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. From what Ms. Blondet says, congratulations on the work you've done thus far. Andl don't have a problem accepting these fundings. However, these are highly restrictive fundings. So again, I just want you to be mindful of all the restrictions in order to be able to spend these monies. So again, it's just a caveat. Thank you. Ms. Blondet: I agree. Chair Gort: Thank you. Do I have a motion? Commissioner Carollo: So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MAYOR Commissioner Frank CARLOS GIMENEZ AND THE MEMBERS OF THE MIAMI-DADE COUNTY Carollo COMMISSION TO DEVELOP THE PROPERTY KNOWN AS "PARCEL B" FOR USE AS A PARK (OPEN GREEN SPACE), REQUESTING CERTAIN IMPROVEMENTS TO BE MADE BY THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS AS STATED HEREIN; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 14-00583 Legislation.pdf 14-00583-Submittal-Peter Ehrlich.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0241 Chair Gort: RE.4. City of Miami Page 33 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. RE.4 is a resolution that I'm bringing before this Commission. As you know, there was a lot of talk about Parcel B a few weeks and months ago when there was a -- talk that it would become a park, and there may be land swaps between the County and the City and et cetera. During all that time, Parcel B has been an eyesore. And now that we have a brand-new park, Museum Park that has been built and our residents our starting to enjoy it, I think it'll be a travesty if that eyesore continues to be the way it is. Therefore, I'm bringing this resolution that is pretty straightforward asking the County to go ahead and make it a park. Chair Gort: Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: You know, I -- you know, obviously, right now, Parcel B is -- I think Parcel B is an adequate name for what it is right now. It's just a parcel. It's a piece of dirt. And you know, obviously, it should be activated. That's what happened and that's what was promised for the residents of our community, as cited in the resolution. The only concern that I have and, you know, is that I know there's been talk about there being a Cuban museum on that parcel. And obviously, from what I've heard -- you know, you hear -- it's kind of like -- to me, it's almost like the Miami Marine Stadium, you know. I've heard about this Cuban museum and -- for a while, and know that they have to raise, you know, from my understanding, upwards of $100 million, maybe even $200 million. So I've spoken to some of the members of that effort that reached out to me and said they, "Look, you know" -- I struggle with this a lot with Miami Marine Stadium, you know. Right now Miami Marine Stadium is fenced off. It's not useable by the public. And we have this group that's trying to raise the money, obviously, to activate it and, obviously, we all here in this Commission want Miami Marine Stadium to be restored and to flourish. At the same time, right now it's not being used for anything productively, really. So you know, I think it makes sense for Parcel B to be immediately converted into green space and combined with what is a newly opened park that, by all estimations, is going to be tremendously used and enjoyed by the residents, the neighbors, et cetera. You know, I just -- I don't want to foreclose the ability that if these guys do get their proverbial act together and do raise $100 million, or $200 million, or whatever the case may be, that we foreclose that possibility. I'm not saying that it -- you know, that that's what's doing going happen and it's going to happen there. I just don't want the Commission to do anything that forecloses that possibility. And obviously, this is not our parcel. This is a County parcel. And this is just a resolution. But I just wanted to put that on the record, because I had -- have had some discussions with those members, and my message to them has basically been, "Look, you know, you guys have a long way to go," just like it would be to the -- 'You know, Miami Marine Stadium people if they were to come visit me tomorrow.' But in the meantime, we should have something that the public can enjoy, and we don't have that right now. So I support this. Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Andl listened to my colleague, andl agree with you, because like I said right now it's an eyesore. It's been an eyesore for a long time. As a matter of fact and as part of the resolution, in the meantime, before anything was to be developed there, it should have been green space, open space, so I think it's only fitting that now after the, I guess, talks have stopped City of Miami Page 34 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 with regards to swapping land and making it a park that we should have this discussion. And I'm fully aware that it's the County's property, but the FEC (Florida East Coast) slip and Museum Park was the City's property -- And the County very easily, you know, mentioned how -- Chair Gort: How they could use it. Commissioner Carollo: -- we could use City property. So I think it's only fitting that now we -- since that discussion, it seems to be over, that we discuss about green space that we all want. So that's why I think we need to move forward and pass this resolution. Thank you. Chair Gort: Okay. Yes, sir, you're recognized. Peter Ehrlich: Thank you very much, Mr. Chair. Good morning, Mr. Chairman, Commissioners. Thankyou very much for your time. My name is Peter Ehrlich. My address is 770 Northeast 69th Street, andl live adjacent to Legion Park, which is a 10-acre park on the bay, on the water. I'm very familiar with parks. I also have board memberships at Scenic Miami and the Urban Environment League. Commissioner Carollo, this is an outstanding initiative and it's very much -- we very much appreciate your leadership in this important issue. Parcel B, as we all know, is owned by the County. The County has long been responsible for the stewardship of Parcel B, and the County's responsible for the lack of public access for the many years that it's been padlocked and fenced. The County's been totally irresponsible with regard to the public access and the enjoyment of Parcel B. When the referendum was held for the approval of construction of what we now know as the American Airlines Arena, the TV (television) ad showed and promised a park with soccer fields on Parcel B. Today we have the chain link fences and padlocks that keep the residents off the park. Sometimes there are even security guards. This is a civic crime, and the chief public official who is responsible is Mayor Carlos Gimenez, because he could make this injustice go away with a simple phone call. I'd like to enter in the public record the official Property Appraiser's data sheet for the property identified as 400 Northeast 8th Street. It shows the area zoned park and recreation, and it's attached to the handout I gave you. What does the County Charter, the most fundamental of all documents binding citizens of this County to their governance, say about parklands, such as Parcel B? And, remember, unlike ordinances and resolutions that can be amended and changed at whim, the County Charter was created by countywide referendum; it can only be changed by an extraordinary vote in a countywide referendum. This is what the County Charter says about parkland andl quote. And I'll finish up quickly. "Parks" -- this is in the quotes from the Charter -- "Parks, aquatic preserves, and lands acquired by the County for preservation, such as Parcel 'B,' shall be held in trust for the education, pleasure, and recreation of the public, and they shall be used and maintained in a manner which will leave them unimpaired for the enjoyment of future generations as part of the public's irreplaceable heritage." The important language is, "They shall be protected from commercial development and exploitation of their natural landscape flora and fauna and scenic beauties which shall be preserved. And lands acquired by the County for preservation and parks along the ocean or the bay and public access to in view of the water shall not be obstructed or impaired by buildings or other structures or concessions which are in access of 1,500 square feet." Thank you all very much for your time. Chair Gort: Thankyou. Mr. Ehrlich: You have my material. Chair Gort: Thankyou. Yes, sir. Greg Bush: Good morning. I'm Greg Bush. I'm vice president of the Urban Environment League. Good morning. I live at 6261 Coral Lake Drive. The Urban Environment League strongly supports the resolution of Commissioner Frank Carollo to transform Parcel B into a compelling park for residents and tourists alike. We believe that another public process, similar City of Miami Page 35 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 to that which took place in Bicentennial Park, can engage residents and others to make the needed connectivity between Bayside, Parcel B, and what is now Museum Park, into a very captivating space. It's about time to do so. In 1996, as most of you presumably know, the idea of a public park by the water was a central element and a successful advertising strategy by the Heat to sell the new arena to the public in a referendum; yet, that promise has never been carried out, and it is primarily, as Peter mentioned, County officials who have not carried through on the results of that referendum. Recently, the members of the Urban Environment League Board, the Heat's Eric Woolworth, and the DDA's (Downtown Development Authority) Alyce Robertson had productive discussions about ways to now transform Parcel B into a park while allowing some compromise for staging vehicles for the Heat. Funding -from multiple partners, including possibly the Heat and FIND (Florida Inland Navigation District), appear to be possible towards this end in making -- helping to make it a park. The UEL (Urban Environmental League) does not believe that another significant building is proper for this small 2.78 acre parcel. Miami has among the least amount of public park space per capita of any high -density city in the nation, and thousands of new residents in the area are demanding more park space. The City has a very sad history of giving away far too much open space for buildings and forgetting its own commitments. In 1949 the City even sought to have the State Legislature, as some of you may know, pass a law to assure that no new buildings will be built on waterfront parks because of its own weakness. So the position of the UEL is not in any way opposed to the existence of a Cuban Exile History Museum, but not in Parcel B and certainly not now. Thank you. Chair Gort: Thankyou. Next. Ken Jett: Good morning, Chair and Commission. Ken Jett, 8320 East Dixie Highway. I am here representing Miami Neighborhoods United and Shorecrest Homeowners' Association today. Both organizations have taken positions on Parcel B to create an open green public park, so thank you and we applaud you for anything that you can do to urge, strongly suggest, and make that happen for us. Thanks. Chair Gort: Thankyou. Next. Nathan Kurland: Good morning, Commissioners. Nathan Kurland 3132 Day Avenue. I come before you as a citizen, although I am a member of Scenic Miami -Dade and a board member of Scenic Florida. I absolutely commend the Commissioner for bringing this resolution before you and before the citizens ofMiami. We do not have, as a city, a great reputation for dealing intelligently with our waterfront property. This is an opportunity to let the County know that, for once, we are going to deal with waterfront property in an intelligent manner. I absolutely and plead with you to pass this resolution. Thank you. Chair Gort: Thankyou. Mr. Kurland: Oh, I'm sorry; one further comment. County Commissioner Audrey Edmonson just called. She was hoping to be here today. She literally chaired a EDC (Environmental Development Consultants) committee in front of the County, where she put forth a measure to actually call Parcel B "Create a Park, " so she asked me to please mention that she's sorry, but she couldn't make it here to speak before you today. Thank you. Chair Gort: Thankyou. Yes, ma'am. Grace Solares: Hi. Grace Solares, 60 Southwest 30th Road. Commissioner Carollo, I commend you for taking these steps. Parcel B should have been a park a long time ago, opened to the public, a long, long time ago. And the fact that -- and don't be concerned about taking a step such as this would do anything to your or my Cubannes, [sic], because I am very Cuban. So what we're opposed to is any building for any museum, whether Cuban, Chinese, Romans, whatever; it doesn't matter. Not another building in the waterfront. We hardly have any. So I City ofMiami Page 36 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 commend you for taking this step and sending a legislation to the County supporting that section as a public park for all of us. And, remember, there are about 13 to 14,000 new residents in the waterfront on Biscayne Boulevard that are actually wanting that park open. Thank you. Chair Gort: Thankyou. Next. Al Crespo: Al Crespo. Commissioner, of all the bad things I ever written about you, I support this and will write a good thing about this. I think this is really a good thing for you to do. You know, fair is fair, you know. And l join everybody else in congratulating you for bringing this to the Commission, as well as the Charter amendment that you succeeded in getting passed at the last Commission meeting. It's unfortunate that the Heat does use half of that park as a video village, andl think it's used as well by other big shows that come in with all the big trucks, 'cause a lot of those shows require six, seven, eight trucks, and that's a problem with that. So I think that it should be a park. I also don't think it should be a museum. And I, too, am a Cuban. And the only thing I'd like to ask at the end of this is, Can I get an intern? I mean, you have them all. Chair Gort: You've got a lot of them in the City. You got a lot of interns in here, come on. Mr. Crespo: I do, but they're silent interns. I'd like to have a couple interns, 'cause Communications has got 10 interns, I was told. That's more people than they got employees, you know. So I'd like to have one or two interns to help me out. Thank you. Chair Gort: Thankyou. Anyone else? Grady Muhammad: Mr. Chair. Chair Gort: Public hearing closed. Yes, sir. Mr. Muhammad: In a nutshell, Commissioner Carollo, I think, not only that; with the Heat using it as a staging area, we should make sure they have all the necessary permits, and we should make sure -- all of those things, we should be trying to get more additional revenues to the City as part of that, because it's still County -owned, but we should ensure anything that they're doing, they comply with all City laws and, more importantly, City permits; and any and all funds, the City should make sure it gets its rightful share. Thank you. Chair Gort: Thankyou. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. No, wait a minute. Anyone else? Showing no. Seeing none, close the public hearing. Yes, sir. Commissioner Carollo: Well, first, I'd like to move it for discussion. Commissioner Suarez: Second. Chair Gort: Been moved -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Carollo; second by Commissioner Suarez. Commissioner Carollo: Yes. The only other thing want to mention, and it goes to Mr. Muhammad's statement, is that currently, the Bayfront Park Management Trust manages and City of Miami Page 37 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 operates Museum Park and Bayfront Park, and we will be willing to consider helping out the County and also managing and operating Parcel B if it does become a park, so just a note there. And then, you know, we will see with regards to if there is staging areas and stuff should there be a charge or not, and we could deal with that at that time for the maintenance of the park. Thank you. Chair Gort: Further discussion. Yes, sir. Commissioner Sarnoff, you're -- Commissioner Sarnoff. Mr. Chair, I guess things change. In 2008 there was a proposed resolution requesting the County to use -- to limit the use of Parcel B to a park and other green space, and unfortunately, at that time, I couldn't even get a second to my motion. So I guess things have changed. What you may or may not know -- a little history behind Parcel B -- in 2003, prior to any of us being here, resolution R-03-1257 was passed by this Commission, which affected Parcel B. The resolution addressed an aspect of Parcel B transaction between the City ofMiami and the County. As you will recall, it had something to do with the American Airlines Arena. It released the County from having to contribute $1.5 million in funding the improvements for the Pedestrian Bridge on Parcel B. In the same resolution, it was provided the City and the County would cooperate in the joint planning and development of the project. If anybody would like, I have a copy of the resolution right here. Now, in the words of Jane Jacobs, 'A vacuous park is not a park at all." We have got to create an edge that allows and affords people to make access to that park. For without it, it is simply a vacuous park; it will not succeed. So I wonder if the maker of the motion would amend it so as to ensure that it is not a vacuous park; that there be an edge created at the northern side of the American Airlines Arena to invite people to go back to Parcel B. Equally, I wonder if the maker would consider asking the County to reestablish its $1.5 million that it had previously committed to funding of that park and that connection. Commissioner Carollo: Absolutely, I do accept. Chair Gort: Okay. Second accepts? Commissioner Suarez: Seconder accepts. Chair Gort: Okay, any further discussion. Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. RE.5 RESOLUTION 14-00523 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE MINORITY PARTICIPATION AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP, IN SUBSTANTIALLY THE ATTACHED FORM, TO MODIFY THE ANNUAL FOUNDATION CONTRIBUTION FROM THE GREATER OF TEN PERCENT (10%) OF THE "NET INCOME AVAILABLE FOR DISTRIBUTION", AS DEFINED IN THE RETAIL LEASE WITH BAYSIDE MARKETPLACE, LLC, OR $100,000.00 TO AN ANNUAL AMOUNT OF $350,000.00, WITH TWO PERCENT (2%) ANNUAL INCREASES FOR THE REMAINDER OF THE AGREEMENT. City ofMiami Page 38 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 14-00523 Summary Form.pdf 14-00523 Back -Up Documentation.pdf 14-00523 Legislation.pdf 14-00523 Exhibit.pdf 14-00523-Submittal-AI Crespo.pdf 14-00523-PowerPoint Presentation -Sky Rise Miami.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0242 Chair Gort: RE. 5. Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. RE.5 is a resolution for the Miami City Commission, by a four fifths affirmative vote, authorizing the City Manager to execute a second amendment to the Minority Participation Agreement between the City ofMiami and Bayside Marketplace. This was a substitution item that I believe was sent to you all last night and hand -delivered this morning. I'd like to take a few minutes to discuss some of the modifications to this Agreement. What was brought before you two weeks ago is that Bayside had agreed to increase their annual contribution to the Bayside Minority Participation Fund to $350,000 a year, with 2 percent increases per year. What they've also agreed to do at this time is to make a one-time $350, 000 payment to the Liberty City Revitalization Trust Fund. In addition to that, they've agreed to pay an annual payment of $100, 000 also to the Liberty City Revitalization Trust with one and half percent increases. There's some other items, Commissioners, within the Agreement, that are benefits to the City as well. Fifty percent of the jobs, the renovation work will be with minorities. In addition, the developer shall cause that his contractor for the renovation work to pay a minimum hourly wage rate of $11.83 if health benefits are not provided to employees and $10.58 if health benefits are provided to employees. The way the ratio is going to work is by order of priorities. First, minorities and women who are residents of the five highest poverty rate index ZIP (Zone Improvement Plan) codes in the City; second, it's residents in general, City residents, excuse me; third, Miami -Dade County residents who live in the five highest poverty rate index ZIP codes in Miami -Dade County; and fourth, residents in Miami -Dade County in general. Are there any other questions, Commissioners? Chair Gort: What I would like to do is -- several people signed up to speak publicly. I want to go through -- make the presentation of all three items -- Mr. Torre: Okay. Chair Gort: -- so we can open the public hearings for all three of them. Mr. Torre: Commissioners, RE. 6 is a resolution to negotiate and execute a fourth amendment to the amended and restated lease agreement retail parcel between the City ofMiami and Bayside Marketplace. We have added to this. There is a noise ordinance that the City Attorney is prepared to read, the noise ordinance for RE. 6. Victoria Mendez (City Attorney): They are resolutions. Mr. Torre: Oh, okay, resolutions. Ms. Mendez: We don't have to read them into the record. Mr. Torre: Okay, okay, that's fine. What we did do -- City ofMiami Page 39 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Sarnoff. Wait, wait, wait. I don't understand that. My understanding is there was going to be an amendment to the lease incorporating the City ofMiami noise ordinance. Ms. Mendez: I'm sorry. I misunderstood what -- Commissioner Sarnoff. Thought you did. Ms. Mendez: -- Mr. Torre was saying. I thought he was asking me to read the resolution into the record. Commissioner Sarnoff. He's asking you to -- Ms. Mendez: To talk about the lease. Commissioner Sarnoff. -- put the amendment to the lease that has been accepted. Ms. Mendez: I understand, andl apologize. Basically, what's been incorporated into the lease is that the noise ordinance, with regard to the exemption of City properties will not apply to this property, so it will be treated like any other property in the City ofMiami that must comply with all the other provisions of the noise ordinance; because as the Commission knows, City property is exempt from the noise ordinance, but since this will be a property that's primarily used by tenants, we want to make sure that they comply with the regular City noise ordinance. Mr. Torre: Commissioner, there's -- Commissioner Sarnoff. That -- excuse me. Mr. Torre: I'm sorry. Commissioner Sarnoff. Sorry, Mr. Chair. Chair Gort: Go ahead. Commissioner Sarnoff. Does that not need to be read into the record, the actually amendment to the lease or --? I thought you guys were prepared for this. Ms. Mendez: Yes, we are, one moment. But unfortunately, we were just going to say it in the general terms, because it's already been placed, but we'll read it. If he can go forward and we'll read the exact wording in a moment. Commissioner Sarnoff. Was there also an amendment to ensure there was no media tower? Mr. Torre: Correct. Ms. Mendez: That as well, and I'll read both of those at the same time. Mr. Torre: Also, Commissioner, there was a -- an additional item that we are adding as an appendix to the recognition agreement, which is part of this retail lease, and what it basically states -- this was also sent to you last night by e-mail (electronic) and believe passed out to you this morning. What this item is is a voluntary pledge agreement and minority small and local business memorandum of understanding between SkyRise, LLC (Limited Liability Company) and the City ofMiami. And the gist of this is basically, Mr. Berkowitz has pledged to pay $100, 000 per year during the life of this lease to the Liberty City Revitalization Trust Fund. In addition, there are additional benefits that, for example, the Bayside -- excuse me -- SkyRise will use City ofMiami Page 40 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 reasonable and good faith efforts to spend no less than $10 million of the design, Foundation, shell, and interior construction costs with businesses that qualify as locally owned small and domicile, disadvantaged minority for women -owned firms; employees for the renovate -- for the development work, 20 percent the workforce to be towards minorities and SkyRise will make up the 15 percent of its initial third party private equity raise to be made available to -- purchased by quaked minorities, including women investors. Let me read RE.7. Commissioners, RE.7 is a resolution to negotiate and execute a fourth amendment to the lease agreement garage parcel between the City ofMiami andBayside Marketplace. There are no changes or amendments to this Agreement. Chair Gort: Okay. We're ready to read the -- Ms. Mendez: I will read it shortly. It was not -- we had a malfunction, a computer malfunction, so that's why I did not have it up. I will read it shortly into the record, the two amendments. So I will -- Commissioner Sarnoff. You want my copies? Ms. Mendez: Do you have the one copy? Mr. Torre: Commissioners, while we wait, I want to -- Ms. Mendez: Okay, I have it now. Thankyou. The language is: Notwithstanding the exception for City -owned property in Section 36-5 of the City Code, or any similar noise ordinance exception for City -owned facilities, the developer and its subtenants, including without limitations SkyRise, agree to comply with, adhere to, and abide by the City ofMiami noise ordinance limitations as set forth in Chapter 36 of the City Code, as amended, in the same manner as it applies to all other properties. "And then the media tower exception that we're -- language that we're putting in is in .7: The developer and its subtenant, SkyRise, agree that a media tower is defined in Section 62-618.21 of the City Code, as amended, or by Miami 21 Article 1 definitions, as amended, or any successor ordinances shall not be allowed or permitted on the retail parcel or the tower. "Those were the two clear amendments that we made. Thank you. Chair Gort: Thankyou. Okay, it's a public hearings. We're going to speak on all four of them. Yes, sir. Samuel Gilmore, Jr.: Thank you very much for your time, Commissioners. I understand it's very, very valuable. My name is Sam Gilmore. I'm at 2230 Northwest 193rd Terrace, in Miami Gardens, and a zip code of 33056. Thank you very much for your time. I'm here to thank Commissioner Hardemon. He's made a lot of effort in terms of inclusion. He's made a lot of changes to the Agreement in terms of trying to bring in a segment of this County that is considered to be, let's just say, outsiders in some areas. Andl graciously appreciate your efforts to do that, to bring us into the fold. I understand the development process to be included in the equity process, construction, and the jobs we so badly need. I'm not going to make light in way, shape, or form of the developer's efforts. Mr. Berkowitz' records speak for himself don't have to do that. I know he does 14-hour days. I've worked with developers quite a bit. I know he works very, very hard. The one thing I did find out though in finding out what kind of man Mr. Berkowitz is, is by the people around him, his friends, people who know him, and they say he's a fair man. In this process, I ask for, Mr. Berkowitz, as the other developers did before him, the Rouse Group, that some form of equity be divvyed out terms of African American, along with the Hispanic group. I know we can't state that, but do know Mr. Berkowitz' efforts can be put in that area. Andl appreciate everything you're doing to improve our community and especially the jobs. And thank you so much, Commissioner. Thankyou. City ofMiami Page 41 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Thank you. Next. Nathan Kurland: My name is Nathan Kurland 3132 Day Avenue. I am the chair of the Miami Bayside Foundation, but I come before you just as a member and as a citizen. Commissioner Hardemon eloquently in the last Commission meeting talked about the Minority Participation Agreement and the creation of the Miami Bayside Foundation. From 1986 to 2010, almost 25 years, one loan, very few programs, and 74 low -dollar scholarships at Miami -Dade College were given. In 2010, as a result of the instigation of Commissioner Sarnoff and Commissioner Spence -Jones, the Miami Bayside Foundation Board was reconstituted, following a difficult transition period locating the funds, creating order from a mess, and firing the executive director at the time. Fifteen members, your appointed representatives -- five appointed members from GGP (General Growth Properties) and five members at large -- became a poster child for the diversity of the City ofMiami: Beatrice Louissaint, the executive director of the Southern Florida Minority Supplier Development Council; Jeffrey Cazeau, partner of Becker Poliakoff, Rolando Aedo, Greater Miami Visitors and Convention Bureau; Bennie Carmona, vice president Total Bank; Nicky Ewan, our own Assistant City Clerk. Fifteen remarkable individuals who share a common vision: providing minority loans to the residents of the City ofMiami, providing scholarships to minority residents of the City ofMiami, and creation of programs for free for minority residents of the City ofMiami. In 2011, Miami Bayside Foundation activated a dormant scholarship program at Miami -Dade College. The endowment is now in excess of $1.2 million. In 2011, two scholarship endowments were created at FIU (Florida International University). In 2012, a scholarship endowment atFMU, Florida Memorial University was created. And in 2013, Miami Bayside Foundation created the first MBA (Master of Business Administration) scholarship endowment at the new FIU School of Business, located on Brickell Avenue. In total, since 2011, Miami Bayside Foundation endowments have provided 353 scholarships to minority residents of the City ofMiami. The Miami Bayside Foundation supplied a $50, 000 grant to NFTE. That's the Network For Teaching Entrepreneurship. The program sponsors the program at Booker T. Washington High School, City ofMiami. The Miami Bayside Foundation supplied a $50, 000 grant to Breakthrough Miami, which sponsors and mentors children at risk, minority children at risk in the grade school through enriched educational opportunities throughout the year, and also an amazing summer educational experience. And just a few weeks ago, in this very chamber, in this very chamber, Miami Bayside Foundation created two scholarships at every single high school -- that's 13 high schools -- in the City of Miami to be awarded every year for the next five years. Minority loans: We have provided 27 loans to minority residents of the City ofMiami, totaling $914,975. We proudly boast of Panther Coffee, Viking Defense, Monkey Shuttle, Bunny Cakes, and many more. We didn't just make loans; we helped minority rising entrepreneurs create jobs in the City ofMiami. And this past year we created a microloan program. I'm also proud to announce the Miami Bayside Foundation is now CDFI certified -- that's Community Development Financial Institution -- which enables us to qualifi, for Enterprise Florida matching funds to be able to double our available loans. And finally, and certainly not least, our free business program's available to every single minority resident in the City ofMiami. Programs are offered by SCORE (Service Corps of Retired Executives) on almost a weekly basis. We have also created partnerships with HBIF (Hispanic Business Initiative Fund). That's the Hispanic Business Initiative, as well as the SBDI, the Small Business Development Institute, at FIU. We produced two business -to -business events that drove over 200 hopeful minority City ofMiami resident entrepreneurs, and we look forward to continue that program. And we pretend to let you know that this is -- so why have I mentioned that? We are a integral part of the Minority Participation Agreement in the lease, the present lease established, as so eloquently shown by Commissioner Hardemon in the last meeting. For some reason unknown to me, we were not invited to the negotiation table. I have nothing but the greatest respect for Mr. Torre. But as Mr. Torre will tell you, while we were created by the City ofMiami -- andl believe the City ofMiami should have advocated for additional funds for the Miami Bayside Foundation -- we were not advocated for by the City of Miami. I contacted General Growth Property [sic], John Charters, who I believe to be a very, very intelligent gentleman. I requested additional funds for the Miami Bayside Foundation. City ofMiami Page 42 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Once again, I was told that we had no negotiation rights whatsoever, and that we were not part of the negotiation, and that we will accept or accept the new offer. I am not looking down -- and I wish to be very circumspect -- at the $350, 000 and 2 percent a year, but in truth, over the last five years, this is exactly the endow -- this is exactly the donation by GGP. Not itonation,'but their contractual obligation to us under the terms of the existing contract. I mentioned at the last Commission hearing that I felt we should have been part of these negotiations. I felt that the amount of money being offered to us to do the job that you want us to do, to do the job for the minority residents of the City ofMiami can be aided by additional funds, and for some reason -- andl do not wish to speak ill of the Liberty City Trust in any way, shape, or form, but believe that, somehow, the Minority Bayside Foundation, which has done the job you expect us to do, has not been treated as fairly as we should have been. So I ask, please, for your consideration in terms of an additional increased allocation from General Growth Property [sic], from Jeffrey Berkowitz, and Miami SkyRise to the Miami Bayside Foundation. Thankyou very much. Chair Gort: Thankyou. Mr. Torre: Mr. Chair, can I address a couple of those items? For starters, yes, Mr. Kurland is correct that did not invite him to any negotiations. At no point -- it's well known that this negotiation has been going on for over six or seven months. At no point were we asked by the Bayside Foundation to be a party to these negotiations. Number two, I think General Growth Properties has acted in very good faith because had -- if they were to keep the existing Agreement in place -- Chair Gort: Henry, let me ask you a question. Mr. Torre: Yes. Chair Gort: During the presentation, there going to be a lot of questions that going to be asked. I want you to please write them down and -- Mr. Torre: Okay, I will. Chair Gort: -- at the end of the public hearing, you answer all those questions. Mr. Torre: Okay. Chair Gort: Thankyou. Next. Ken Jett: Ken Jett, 8320 East Dixie Highway, here representing myself as an individual. I yield my time to Ms. Grace Solares. Chair Gort: Grace. Yes, ma'am. Grace Solares: Grace Solares, 60 Southwest 30th Road. I have many questions. I have objections to this lease and many questions about the lease. I'm going to give Mr. -- so you don't have to write them down, some of the questions that I have. On page 5 of the proposed lease, where it talks about the million fifty-nine eighty-two that the Tower is going to pay, at the end of it, it says on t,"iittle 1"says that On the tenth anniversary of the open date 5f the opening date and every 10 years thereafter during the term of the Tower's sublease, the tower rent shall be determined by an appraisal in accordance with Exhibit ,'attached hereto. "But it says, lip no event shall Tower fixed rent increase by an amount greater than 10 percent over Tower fixed rent for the prior year. "So I ask why get the appraisal, if the only thing you're going to be able to raise it is 10 percent of what he paid the year before? So even if the value of the leasehold has gone astronomically high, you're only entitled to getting 10 percent of what he paid the day before. That's one objection. Within If "-- on -- second f"bn that same paragraph on 5 -- page 5, City ofMiami Page 43 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 it says, Notwiththestanding'rsic], if we're going or anything to the contract in the said lease, the developer's obligation to pay for the tower shall be null and void and of no further force and effect upon expiration, 'which is understandable, 8r any sooner termination. "Why? As a result of what, force majeure? I can't understand. But what other termination could be there provided? However, that if the developer enters into a sublease with a new tower operator, the developer's obligation to pay tower percentage rate as provided herein shall renew as of the date of their new tower operator resumes operation. "Well, then, the matter never came back. It expired or it terminated for any reason. It doesn't say here that it's going to come back to the City to have any type of a say-so with reference to what new rent will be. The rent will be -- it says here, it will pick up and then, I guess, a developer, meaning Bayside, will be charging the same thing. That is a problem to me. Another problem is what are Bayside's obligations going forward if the referendum passes? And for whatever reason the start -- for whatever reason the tower's not built, do they have to build a tower? If the answer is jses,'then it is under the same terms and conditions that we have here on the rent? If the answer is ho, 'then what do they have to build? What happens to the land that the Sky Tower [sic] was going to build on? Does Bayside have to pay the same base guaranteed rent to the City in total as if the tower was built? What is the guaranteed base that Bayside has been paying and that will it be going forward if the tower is not built versus the tower being completed? The larger question is, in fact, if the tower is not built up by Mr. Berkowitz, then doesn'tMr. Berkowitz actually have an option to build and Bayside gets a 99-year lease with a right to build another 17,000 square feet of retail and possibly at a reduced rent? Remember, Bayside has paid zero, zero rent in 27 -- zero percent rent in 27 years, so it is reasonable to assume that the City won't receive any in the future. The City Manager can only budget and spend what he knows he's actually going to receive. As far as General Growth Property [sic] being a multi -million dollar property, which it is, no one thought that General Motors could go bankrupt, and it did. I think you should get more guarantees on this issue. And one other comment that I needed to make, Commissioner -- Mr. Chairman -- Chair Gort: Yes, ma'am. Ms. Solares: -- is -- Chair Gort: Conclusion. Ms. Solares: -- I want to ask you, this matter is going to the voters, and this matter is going pursuant -- no, I'm asking you -- to the voters, pursuant to 3F(iii). Has the City informed Penelope Townsley and the City Clerk that passage of this referendum has to be pursuant to the majority of the voters of the City? That is my last question. Chair Gort: Okay. Ms. Solares: Andl thank you for my time. Chair Gort: Thank you, ma'am. Ms. Solares: Thank you. Chair Gort: Next. Al Crespo: Good morning. Al Crespo, 689 Northeast 92nd Street. I think I've said pretty much everything) had to say in the stories I wrote about this. I know some of you have read it; perhaps some of you haven't. But do have several questions. One is, it was stated last meeting that there was going to be 27 to $35 million spent by Bayside to upgrade their facility. I asked Mr. Torre -- I sent Mr. Torre a question, which he's never responded to, whether any of that 27 to $35 million, whether the money to build a new parking garage is included in that amount of money? Is it -- is that 25 to $35 million actual renovation money or does that include the City of Miami Page 44 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 building of the bump -out of 17,000 square feet of new retail space and the parking garage? The second question I have is about Art in Public Places, an issue I raised in my -- in one of my stories. The City imposed Art in Public Places on a contract with Bayside Marina -- Bayside Marketplace. In the new contract you have, it says that Art in Public Places will be waived because the building is to be considered a work of art. I included an e-mail that I received from Mr. Michael Spring, the head of the Art in Public Places for the County, which stipulates very clearly that buildings are not entitled to be considered art when it comes to Art in Public Places. So I think that needs to be changed in your contract. Thank you. Chair Gort: Thankyou. Anyone else? Greg Bush: Hi. I'm Greg Bush, the Urban Environment League; although I'm mostly speaking for myself here. It's my understanding that this erection, so to speak, is going into a public park. My concern is very basic beyond the lease and the money and whatnot, and that is really, how can the public make use of this structure? It's expensive to get up into it. There are very exclusive places up in the tower. I don't see this as particularly useful to the public in the long run, and so I object to it in those terms, aside from a lot of the money. Very simple statement. Chair Gort: Thankyou. Anyone else? Grady Muhammad: Yes, sir, Mr. Chairman. Chair Gort: Yes, sir. Mr. Muhammad: Grady Muhammad, president and CEO (Chief Executive Officer) of Miami Dade First. One, I sent y'all a e-mail two Saturdays ago in reference to this proposed development and how to get some more of these additional dollars strictly for the City, as well as for the black community. Thank you, Vice Chairman, because this is what we need. We need business development, especially within a black community. It's paramount. Bayside does a great job, without question. And when we use Minority, 'that's the new misnomer. The original minorities is blacks, and we haven't talked about how many black loans that Bayside has given. They've given 27 loans, over $900, 000, over 300 jobs created. They're doing a great job as a reconstituted board. Again, black. Because at the '80 riots, the '82 riots, $25 million of Community Development Block Grant funds went to the Rouse Company. And the City should also include in these agreements -- Like GGP bought out the Rouse Company. They should be an equity for the City ofMiami, because we're giving a lease; they getting it. We should have a equity, just like with the Heat or the Marlins and all that stuff. If they sell it within a certain time frame, there should be some funds that comes right back as a equity vote or equity to the City. But for the funds that's coming from Mr. Berkowitz to the Trust, I'm in support of it, because we need business development. And Bayside, last year, got 500 to $73, 000 from GGP, so I don't know how we at the $350,000. And then, unfortunately, for many years, '83 to 2001, according to the City auditor -- and l just request a little more time, Mr. Chair, for a minute? The auditor cited GGP and Bayside as undercutting their revenues -- or under -reporting their revenues to the City ofMiami. The auditor then bought [sic] that to them. Bayside made the City whole. Unfortunately, the Bayside Minority Foundation had also lost funds; was never made whole. So when you talking about the funds, $350, 000 is still peanuts, and that's why I stated with that million three hundred and fifty thousand, it shouldn't go to Bayside. That's what should go to the Bayside Minority Foundation and towards the Liberty City Trust or -- and towards the creation of a minority business fund so we can be able to truly create businesses -- Uncle Sam give more -- that needs some working capital, mobilization funds, 'cause without it -- in conclusion, Mr. Chair -- if we don't be able to get those things -- Panther Coffee is a great example. They never had anything. Now they almost going on four stores. But they was an investment that Bayside made and initially. And all -- a lot of -- they make a lot of loans in District 5, 'cause it's the most diverse district. But again, at the end of the day, black -- the new minority is everybody but black folks, and that's what we got to ensure; how many black businesses that they made loans City ofMiami Page 45 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 to, how many scholarships they've given to, and make sure they're scholarships and not loans. Thank you, Mr. Chair. Chair Gort: Thankyou. Next. Bill Talbert: Good morning. Go, USA (United States of America). Bill Talbert, Greater Miami Convention and Visitors Bureau, 701 Brickell, and also 1601 Nocatee Drive, in the City of Miami; continue to be supportive of this project. This will be Miami's Eel Tower. This will be an icon for your community. As I testified at the last meeting, I have complete faith in Mr. Berkowitz' ability to deliver. He's a man of integrity. He will always do the right thing. This is an important project. We continue to support it. Thank you very much. Chair Gort: Thankyou. Next. Susan Lupien: Hello. Susan Lupien, 90 Edgewater Drive. I'm here because I support this item generally, and also specifically, the SkyRise attraction. I support it because it is important to the continued and extraordinary efforts of Bill Talbert and the tourism bureau to create and promote Miami as a well -branded international destination. Miami tourism is often accurately described as the economic engine that drives this City. So for this reason, please support this item and this extraordinary SkyRise attraction. Chair Gort: Thankyou. Next. Peter Ehrlich: Good morning again, Mr. Chairman, Commissioners. My name is Peter Ehrlich, 770 Northeast 69th Street. And this -- these two -- these transactions are extremely complex and very, very detailed. I'm going to just speak to a very small element of them. Representing Scenic Miami, we did reach out to Mr. Berkowitz and his representatives last year, andl have to say, they were very honorable with our request, that they don't put billboards, LED (Light -Emitting Diode) billboards, any kind of outdoor advertising on the outside. I gather from the hearing this morning, I think, perhaps, Commissioner Sarnoff suggested that it not -- the tower not be used as a so-called media tower. Didl hear that correctly, Commissioner Sarnoff? Commissioner Sarnoff Correct. Mr. Ehrlich: Thank you very much for that. I have to, you know, commend Jeffrey Berkowitz for listening to us, and his attorney, Neisen Kasdin, for listening to us, and they were very quick. Andl think they put the language into the warrant and it was, you know, just very, very clear. And the warrant, I think, through the Chair or the City Attorney, can confirm the language in the warrant carries through if this is approved; is that correct? Chair Gort: The answer is -- let's finish, and they'll answer all your questions. Mr. Ehrlich: Okay. Chair Gort: Thankyou. Mr. Ehrlich: Thankyou very much, andl thank Mr. Berkowitz for listening to us and working with us. Chair Gort: Thankyou. Anyone else? Yes, ma'am. Carole Ann Taylor: Good morning. My name is Carole Ann Taylor. I'm here to speak in favor of the item. I wanted to, however, point out -- Chair Gort: Excuse me; address. City of Miami Page 46 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Ms. Taylor: I am Carole Ann Taylor, 1717 North Bayshore Drive, formally Bayside to Go and now Miami to Go and Little Havana to Go. I am original tenant of Bayside, along with a couple of other people that are here in the audience that are ofAfrican-American descent. I just want to strongly urge you, when you look at all of the benefits that are coming into the downtown area that we look again at the businesses; the fact that when Bayside opened in 1987, there were 27 African American businesses. There are now two left. And so, in the expansion of the Bayside, I'm just asking that you think about and consider making sure that it becomes more inclusive to African American businesses. Andl thank you, andl look forward to this passing. Chair Gort: Thank you. Anyone else? Maybe no one. Seeing none, hearing none, close the public hearings. Mr. Torre: Okay, Commissioner -- Chair Gort: There's a lot questions that were -- Mr. Torre: Sure. In regards to Nathan Kurland's comments, Commissioner, again -- I've admitted this to Commissioner Hardemon and to the City Manager -- my focus was in negotiating the lease terms for the garage and the retail lease. I did not spend a lot of time on the minority agreement. Early on in the process, Bayside, General Growth Properties, in my opinion, showed a lot of good faith in coming forward and saying part of this agreement allows them to place debt on the property and, for that reason, the City could be getting over $13 million. General Growth Properties came to us and said, We are concerned because if this is implemented, the way the Bayside Minority Foundation calculation is, it is based on net cash flow. "So the net cash flow would obviously be diminished -- it's a percentage of that -- by the fact that General Growth Properties would place debt on the property, and the City wants them to place debt because we get paid money for it. So, you know, we felt at that time that -- I felt it was a very good gesture on the behalf of General Growth Properties to come forward and say, !ley, you know what? We're going to pay them minimum guaranteed of $350, 000 a year instead of the 100,000 minimum guaranteed a year and increase that by 2 percent. "I'd also like to add that in the meetings we've had, Commissioner Hardemon was adamant in trying to get that amount raised. I think, Commissioner, you were asking for an additional $150, 000 a year, you know. So efforts were made. The last thing do want to say again is these negotiations have been, you know, well documented and been out there for six months. I have a lot of respect for Mr. Kurland, but at no time has Mr. Kurland -- did he reach out to me -- he has my cell number -- and say, !ley, I want to be a part of your negotiations. I feell should be. "And again, I say that with all due respect in the world to Mr. Kurland. The last thingl do want to say, it's my understanding -- I was not present at those boards, but my understanding is that his board met on one occasion, unanimously approved what Bayside was promote -- excuse me -- proposing and then had another emergency meeting a week later and they ended up unanimously approving it one more time. So that's -- Chair Gort: Next question. Mr. Torre: Sure. In regards to Ms. Solares, in regards to her issue in regards to the recalculation of market rent based on a cap associated to an appraisal, what, I guess, Ms. Solares doesn't -- didn't realize is that there's a 3 percent CPI (Consumer Price Index) cap increase on an annual basis on this project, so we are looking at close to possibly a 40 percent increase in rent in those 10 years; just in brief calculations I just did right now. That rent would go from a million fifty-nine thousand to close to $1.5 million a year guaranteed, and that, obviously, you know, takes into account all the additional percentage rent schedules and all that. Do you have a question, Commissioner? Chair Gort: Yeah. Let me ask a question, and I'm not an expert in real estate. City of Miami Page 47 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Torre: Right. Chair Gort: My understanding, an appraisal of a parking lot will be different once a building is built? Mr. Torre: Correct. Chair Gort: Okay, thank you. Mr. Torre: Correct. And Commissioner, to be clear, these appraisals were done -- you know, that location right now is a parking lot. We appraised this now at what the project is being built. Some of the other questions she has is, Do they have to build a tower? "Yes, they do have to build a tower. However, should the tower not be built, okay, the City has the right and General Growth Properties has a right to kill this project if the City is not comfortable that Mr. Berkowitz has raised his capital. And if we're not satisfied with the financing, we have the right to stop the project. What -- Commissioner Carollo: Mr. Chairman. Mr. Hernandez: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. And this was a question thatl asked in the last Commission meeting. I got some answers, and I've revisited a little bit with the City Attorney. And once again, if the tower is not built, if the tower, for some reason, is not built -- and here I -- and let me go back to the minutes from the last Commission meeting. I had a Mr. Charters said that, Until the tower opens, the minimum rent for the tower doesn't get paid. When the tower opens, that gets paid. "So in other words, we don't get paid the million fifty-nine thousand until the tower opens. Now, further in that conversation, Ms. Mendez, Madam City Attorney, mentioned that on the fourth year, we will get paid that one point -- that one million fifty-nine thousand, regardless if it gets built or not. We've revisited -- andl want to make sure she puts on the record that that is correct or that maybe your interpretation now is a little different. Mr. Torre: Commissioner, I can answer that question. May I? Madam, may I? Okay. Again, I want to preface this, by we looked at this entire project. And think it's important that everyone understand that this is a project that is land that is currently encumbered by a leasehold interest for the next 46 years, so it's not like a brand-new deal. So those are -- Commissioner Carollo: Mr. Torre -- Mr. Torre: Yeah. Commissioner Carollo: -- I completely understand that. That is why I've been a lot more lenient with it, 'cause I understand -- Mr. Torre: Right. Commissioner Carollo: -- if we do nothing, we are -- Commissioner Suarez: In a worse deal. Commissioner Carollo: -- still with -- Mr. Torre: Let me answer your question, Commissioner. City of Miami Page 48 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: -- the previous deal, so I understand that. Mr. Torre: Right. Commissioner Carollo: So that's why in some of this, I've been a lot more lenient. Mr. Torre: Okay. Commissioner Carollo: But that still doesn't mean that these questions are not valid. Mr. Torre: No, no, I'm not saying they're not, Commissioner. I just wanted to say that before I answered your question. To answer your question, if the project -- if the tower is not built, for whatever reason, even if the City says that this project is not going forward, Bayside has the right to step into the shoes of SkyRise -- let me back up for a second and answer your question better. Number one, it is not a -- if the tower is built, the earlier of the tower being built, or four years, the minimum rent is being paid. That's obviously if the tower is built. Commissioner Carollo: So -- Mr. Torre: And a fifth year on a force majeure event. Now, if the tower is not built -- again, whether the City kills it or not -- Bayside has the right to go and take over into the shoes of SkyRise and build the tower as is, which would take it -- and then we're giving them an additional year, so it would be six years for rent commencement. They also had the option of coming back to the City and us working in good faith to have another project, whether it be a hotel or something, on that property. Commissioner Carollo: See, that's not how I understood it in the last Commission meeting. Mr. Torre: Right. Commissioner Carollo: What I understood in the Commission meeting is not that they have the right; that they must -- Mr. Torre: Right. Commissioner Carollo: -- start paying those rent payments. That's how I understood it. It's not that they have the right. You know -- Mr. Torre: Commissioner. Commissioner Carollo: -- we have the right -- if we're approving this, we also have the right of getting paid what was promised. Mr. Torre: Right. Commissioner, my recollection of that Commission meeting was that -- and Mr. Charters is here -- and Mr. Charters' comment was that if the tower is not built, the one million fifty-nine will not be paid. Commissioner Carollo: Exactly. Daniell Alfonso (City Manager): Commissioner, ifI may step in. Remember, the City has the right to say No, you can't build the tower because we're not comfortable with the financing. "So it's kind of -- if you tell them No, you can build the tower, 'ft's kind of hard to say -- Commissioner Carollo: I'm not -- City of Miami Page 49 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Alfonso: -- Well, you got to pay the minimum rent." Commissioner Carollo: Yes, yes, yes, yes. But I'm not here assuming that the City in the future is going to tell them ho. "No. If this is such a good deal, we want them to build it. Now -- andl specifically -- andl got the minutes, andl guess I'm going to have to start highlighting and going back to it. But I specifically said, Even though I want to be optimistic with Mr. Berkowitz, should that tower not be built because of financing or whatever, what happens -- you know, what's the City's position? What are we allowed to have or not? "And it was my understanding from what the City Attorney stated and -- that in the fourth year, they have to pay us, meaning Bayside has to pay them -- pay us the minimum either way, and it's not their right to pay us or say, Goodbye, we don't want to take this up. "It was my understanding from what the City Attorney stated that they must pay us on the fourth year. Mr. Torre: Commissioner, that's not the case. Commissioner Carollo: That's -- Mr. Torre: That's not the case, Commissioner. Commissioner Carollo: -- from what I understood. Mr. Torre: And, again, you know, I'm going to mention some of our thinking behind it. Obviously, they're going to want -- this is just 1.85 acres of the entire project. So obviously, if that is not built and there's another project that is going to be built there, whether we want to build, if we find it to be another developer, another project, this will come back before Commission again and we'll have to go before the voters again. So it's obviously -- and from a business standpoint, obviously, General Growth Properties are going to want, obviously, to work very diligently to have another operator there. You know, again -- andl think what the City Manager said is very important. We have the right to -- he cannot go vertical until all his financing is in place. Commissioner Carollo: Understood. Mr. Torre: Right. Commissioner Carollo: Understood. But my problem is I want the City to get paid. Mr. Alfonso: I understand, Commissioner. But if we kill the project, we cannot demand rent for a project that we did not allow to go forward. Commissioner Carollo: But I'm not saying we're killing the project. It's on them. If, for some reason, they cannot finance the project, it wasn't on the City's side; it's on them. They're the ones that defaulted, not the City. So we're not killing the project. So that's my problem. The City has done nothing wrong. So if the City does nothing wrong and they can't obtain the financing or whatever other issues, we didn't kill the project. The City didn't kill the project; we should be entitled to receive monies that, you know, were promised. Mr. Torre: Right. Commissioner Carollo: And that's my understanding from what Ms. Mendez said, which -- it's here says, On opening day, which is on page 4 of the contract, we start getting the one million fifty-nine thousand per year. Now, if there is no opening day for the first four year, on the fourth year, they're supposed to start paying the minimum. "So I understood it that, even if they don't build it, the City starts getting paid the minimum of one million fifty-nine thousand. Mr. Torre: Commissioner -- City of Miami Page 50 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Let me ask a question. Mr. Torre: Yes, sir. Chair Gort: -- just to follow up. That happens, they don't build. But automatically, they have an extension to the lease to 99 years; am I correct? Mr. Torre: Correct. Chair Gort: Or if they don't build, the lease go down? Mr. Torre: No, they would still have the 99 years, but they, again -- Mr. Alfonso: It's two separate -- Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: There's two separate pieces to it. Mr. Torre: Yeah, they have -- again, Commissioner, they have 46years, regardless -- Chair Gort: I understand. Mr. Torre: -- of that. But they would -- we would still receive all the other benefits, which is the $10 million upfront, the amount of participation rent for anything up to 125 million, and the increases in the market rent adjustment. And let me also add that at the end of that 46 years, regardless, Bayside -- the property will be reappraised to market rent with no cap on it. So I just wanted to, you know -- Again, this was a deal. There's 46 years left. So there was a lot of give and take, and obviously, it's to Bayside's advantage to have another property there. Chair Gort: Okay. Commissioner Sarnoff. Commissioner Sarnoff. Yeah. I'm reading what Commissioner Carollo's bringing up, and you know, I have to say, Mr. Torre, I think it's very clear. And here's what it says in plain, garden-variety English: Commencing on the earlier of=- very clear; whatever happens first -- four years following the effective date or the date the tower opens. "So the earlier of could be the date of the tower opening, but no more than four years. Commissioner Carollo: Right. But then the question happens, what happens if it doesn't open? Commissioner Sarnoff. The four years have happened. It's -- you know, they may not like -- I don't know if they like it; don't like it. That is what a court of law would read, the earlier of four years or the date the tower opens. Mr. Torre: Commissioner -- and we read that and we've -- we discussed that with Bayside, and we were prepared to resolve that issue and clam that today before the vote was taken. Commissioner Sarnoff. I don't even know if there is -- see, I don't know what needs to be clamed The tower could open -- let's say Berkowitz is the man his wife thinks he is and he's the developer of du four and he opens this tower in two years, okay? Two years would start the rent. Commissioner Carollo: Understood. Commissioner Sarnoff. Or let's say Berkowitz is the man that's sitting in front of us and he gets City of Miami Page 51 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 it done in four and a half years. Well, in four years, the minimum rent would be due. Commissioner Carollo: So in four years, the minimum rent will be due whether he constructs a tower or not? Commissioner Sarnoff. Commencing the earlier of four years or the date the tower opens. Commissioner Carollo: Okay, and that's what I understood that the City Attorney stated and opined last time. However, Mr. Torre's telling me something completely different in this Commission meeting, and understood it like you understand it, Commissioner Sarnoff. And again, I'm not an attorney, but I understood it the way you understood it and that's why I relied on my City Attorney. As a matter of fact, after Mr. Charters stated that, I said, Okay, but let me listen from my City Attorney, 'and that's what she stated. So it was my understanding that whether it's built or not, on the fourth year, we start receiving the one million fifty-nine thousand. However, Mr. Torre's telling me something different now, and that's why I'm starting to be uncomfortable. Ms. Mendez: As drafted -- as drafted, that is what it states. If something is different right now, then we need to address that quickly, because as drafted, that's my understanding. Commissioner Sarnoff. I guess the best way to put this, Commissioner Carollo, is I would suggest Bayside and/or SkyRise stand up if the wording does not mean commencing on the earlier of four years, unless and except an act of God -- Commissioner Carollo: Right. Commissioner Sarnoff. -- or the date the tower opens, that rent will commence. Commissioner Carollo: So if the tower never opens, we still start receiving the one point -- the one million fifty-nine thousand? Commissioner Sarnoff. Correct. Commissioner Carollo: Bayside will still be -- okay. Commissioner Sarnoff. That's the way it's written. Commissioner Carollo: That's the way I understood it and that's -- Chair Gort: Okay, gentlemen. Commissioner Sarnoff. That's the way it's written. Whether that's intended, now you're about to find out what the intent is. Commissioner Carollo: That could change my -- Commissioner Sarnoff. Well, no. It would -- Commissioner Carollo: -- opinion about this project. Commissioner Sarnoff. Fair enough. Mr. Berkowitz: That's not -- Chair Gort: Excuse me. City of Miami Page 52 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Berkowitz: -- what's intended. Commissioner Carollo: Right. Mr. Berkowitz: First of all, I intend to build this project. Commissioner Carollo: Understood, understood. Mr. Berkowitz: And there are 50 sets of circumstances under which the City can terminate, GGP can terminate, et cetera. Now understand that the appraisal that was done on this 1.85- acre surface parking lot valued the rent at one million fifty-nine thousand dollars predicated on the assumption that what was going to be developed on that property consisted on 277,000 feet -- that is the tower -- and they counted as part of that all of the structure, all of the concrete connecting one side of the building with the other, regardless of whether or not that was useable. But let's assume in a worst -case scenario -- Chernobyl happens. The tower isn't built. Well, that piece of property that you have now you'll continue to have, but you're not going to have a tower that's going to be able to generate the revenue sufficient to defray that kind of rent, which is based on the tower. So it's my understanding that while that may be the literal reading of the language that's in the lease, that it was not what was intended; and that what has been discussed and agreed to is you have a parking lot. Now, I don't know what else can be built on that parking lot, but that would be some kind of a joint effort between the City and Bayside to decide, number one, what kind of uses would be appropriate on that current surface parking lot; and number two, what kind of an economic deal the City and Bayside could work out regarding the revenues that could be potentially generated from that 1.85-acre site at the time. But that valuation of one million fifty-nine thousand presumes that a tower is built, and we do need to clam it, because it's a real -- I -- at that point, presumably I'm gone. I'm out of the picture. But as a developer and as a businessman, I don't know how Bayside could pay a million fifty-nine dollars [sic] for 89 parking spaces, which is what's there now and which is what would be left there if the tower is not built. But the bottom line is I'm going to build the tower. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. And again, I know there's no lack of optimism on your part, Mr. Berkowitz. But at the same time -- and that's why I brought it up in the last Commission meeting. I thought we had a clear answer, and that's why I'm bringing it up again, because Ms. Solares brought it up, andl want to make sure we have the same answer that I received in the last Commission meeting, and it appears like we're not getting the same answer. I understand exactly what you're saying with regards to having the tower built in order to generate revenues in order to pay that amount to the City. However, if that tower isn't built, the City is not receiving those revenues and then we have to renegotiate with General Growth Properties. Even though I'm sure they're going to negotiate in good faith, we lost a lot of leverage, because they want this extension of a deal -- or extension of years and they already received it. So, you know, it sort of -- Mr. Torre: Commissioner, I can answer andl hope ease some of your concerns. If this does not go through, obviously, we still get the $10 million and all those other benefits that we're getting now. And l just want to be clear, andl know I keep being redundant about this. But at the end of those 46 years, there is a appraisal with no cap on it, so this rent could go -- we will be receiving fair market rent, and then there's increments -- increase after that. So again, this is a 46-year lease. Right now there is a garage there -- there is a parking lot that -- you know, it's not serving its purpose, so. City of Miami Page 53 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: Mr. Torre. Mr. Torre: Yeah. Commissioner Carollo: Andl understand your argument. Understand what I'm also looking at. And by the way, Mr. Berkowitz, you know that it goes without said [sic] -- and many people have said it -- even though they may not like this project of your record, your reputation, and so forth, so it's nothing with your reputation. I -- as a matter of fact, there's another gentleman that has a very good reputation as a developer; has developed a lot of great properties that came before this Commission also said, Listen, I'm teaming up with these other developers. "And when I said 1's that binding, though? 'And they said, No, it's not binding,'but they still wanted us to give them an extension, you know, and still, you know -- so I think that you are really acting in good faith and you come before us saying, !ley, I'm going to build this, 'and you really are acting in good faith and are optimistic. However, at the same time, I have a fiduciary duty to the City, andl want to make sure that when I ask a question and it's answered, that the answer doesn't change from one Commission to the next, especially when, in all fairness, we're talking a 99-year lease; that's a very long time. Now, Mr. Torre, back to what you're saying. I understand that if we do nothing, we continue with the same 46-year lease. I understand that. But I'm starting to get tired of it, because it only goes so far. I'll give you an example. Right now, what is the minimum payment that General Growth Properties pays to the City ofMiami? Mr. Torre: A million dollars for the retail space, andl believe it's 10, 000 for the garage. Commissioner Carollo: Okay, let's put the garages aside. Mr. Torre: Right. Commissioner Carollo: So approximately a million dollars? Mr. Torre: Correct. Commissioner Carollo: And they're going to be paying as a minimum guarantee 1.5 million? Mr. Torre: One million five hundred and forty thousand. Commissioner Carollo: But that includes the additional -- andl know it does, because I've already asked this questions. This includes the additional retail space. Mr. Torre: Commissioner, in the lease it says -- right now Bayside has not reached their full allocation. I believe it's 267,000 square feet, which they're entitled to build. They're not at 270 -- they're at 242, so we're just -- they're -- in other words, we're charging them for the 267,000 square feet, so it's -- the retail liner's included in that any way. Commissioner Carollo: So -- okay. But right now, without that retail, they're paying us one million? Mr. Torre: Correct. Commissioner Carollo: Okay. Plus, now we're going to allow them or they're going to build additional square footage. Mr. Torre: Seventeen thousand square feet. Commissioner Carollo: Seventeen thousand square footage -- square feet, I'm sorry, and the increase is 1.5. City ofMiami Page 54 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Torre: One -- correct. Commissioner Carollo: One point five. Mr. Torre: Well, Commissioner, let me also -- let me also tell you, Commissioner, that the garage component is important here -- Commissioner Carollo: I'm saying -- Mr. Torre: And let me -- Commissioner Carollo: -- with the garage -- Mr. Torre: I know. Commissioner Carollo: -- component on the side. Mr. Torre: Commissioner, but I -- if you'll just allow me a second, I'll explain why it's important. The garage right now, I think their rent is $10, 000 a month -- $10, 000 a year. They're bumping that to 675, 000, so that's why I think we've got to group them in together, Commissioner. 'Cause, you know, while we were receiving minimum guaranteed rents of a million ten thousand dollars, now it's over $2.2 million. And in addition, Commissioner -- and thank you for being patient with me. One second. And in addition, Commissioner, what Bayside has agreed to do -- we've received no percentage rent since its exception [sic] -- Ms. Solares brought that up -- on the current schedule. So now we are getting 6 percent of all gross revenues over a natural breakpoint. So, Commissioner, this deal is being improved in several different ways, andl'm going to stress it in one more time, 'cause I know I'm being obnoxious. After the end of 46 years, this is being reappraised and being brought to full market rent. I understand your concerns, Commissioner, andl'm sorry for the miscommunication or the misunderstanding. My understanding of what you were -- Mr. Charters' question was -- answer was -- a couple weeks ago was that they would not pay rent, andl will tell you that is an issue that we have negotiated, andl was, you know, the lead negotiator, andl had agreed to that. Now, whether you guys want to, you know, approve this or not, I view this as, again, the 46-year scenario, and all the other benefits. And I'm talk -- you know, I don't want to bore you with all the other benefits. Mr. Berkowitz is going -- has promised to build us, you know, marina offices, if this deal goes -- Commissioner Carollo: I've read it. Mr. Torre: Okay. Commissioner Carollo: And, again, I know he's well -intended. He speaks with good faith, but I've heard a lot of promises here in the past also. Mr. Torre: Right. Commissioner Carollo: But what do see is how -- andl have to commend him. I haven't done it yet. I'm waiting for the Commissioners to discuss, but I have to commend Commissioner Hardemon that, in two weeks, he was able to obtain an additional 200,000 a year. And in all fairness, I'm wondering what I thought in the first place, why didn't the City was able to receive an additional $200, 000 a year? And by the way, I was very specific with Mr. Hardemon [sic]. I said, Mr. Hardemon [sic], I don't want any additional monies to come from what's been promised to the City. And he said, absolutely; it will not, Commissioner." Mr. Torre: Commissioner, may I answer part of that? City of Miami Page 55 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: And so it goes back to -- Mr. Torre: I hear you, I hear you. I mean, ifI could just say one thing. Mr. Berkowitz' plan had always been to don't make an annual donation to some charity, andl think Jeff will go into that. And he explained to me -- us to that at the beginning. He wants to give back to the community, and he always has, and he intended to do so as part of this project. Chair Gort: Let me tell you what a major problem was, 'cause I was under the same understanding. Mr. Torre: Okay. Chair Gort: We've asked that question, even if the tower doesn't go up, they will be paying. And it was stated in here that, yes. Now today, it's a little different. Now, we need to understand, this is going to go to the voters. Mr. Torre: Correct. Chair Gort: If this is approved today, it's going to be going to the voters, and the voters got to make sure you have all the information that they need to know and all the benefits they could bring, okay? Mr. Torre: Correct. Chair Gort: Thankyou. Mr. Torre: I think -- Mr. Charters, did you want to say something? Mr. Charters: Yeah, I did. I think was asked to speak to the point. Andl think the minutes reflected what said, right? And in fact, I stepped out of the room, you may remember; you asked a very lengthy, specific question. I wanted to go check the documents, andl checked the documents, andl came back and explained what the document said. To Commissioner Sarnoff's point, I think what happened, right, is the document said exactly what said it said at the time, okay? And then through, I believe, Commissioner Carollo's comments, they wanted -- you all wanted to make sure that ifJeffBerkowitz started the tower and, for some reason, was delayed or whatever, he had to start paying in the fourth year or the fifth year for force majeure. So related to Berkowitz, if he proceeded -- and since there aren't a lot of people around willing to invest $400 million in a tower -- andl say that seriously, not sarcastically -- we could not be -- so we were making sure -- the City was making sure that if he proceeded with the project, he would pay; you are absolutely, right. My understanding has always been that if the tower doesn't open, we don't pay the rent. There's nothing there. All the other benefits, as I laid out to you, sir, would still all be there, andl think was clear about that. So I don't want somebody to thinkl changed our position on that. Mr. Torre: Commissioner -- Chair Gort: Thankyou, sir. Mr. Torre: -- can I add one last thing, too. The additional retail liner, 17,000 square feet, you know, we want that to be built, and we encourage them to build them as quickly as possible, because not only does it affect the natural breakpoint, which we get 6 percent over, but it also adds the additional, in essence, 30 percent of parking revenue; 15 percent that we get via ticket surcharge and 15 percent over the natural breakpoint. So there's many benefits to them building out. I wish we could have given them more development rights, to be honest. City of Miami Page 56 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Okay. Mr. Torre: Do I continue to address --? Chair Gort: Yes, the questions. Mr. Torre: Okay. And Commissioner, we can discuss it more, if you like. I just wanted to be clear that, you know -- and there was a change; Mr. Charters is correct. We heard your plea, your issue of you know, the Flagstone issues, and four to five years, so we put that in this agreement, but it was always intended to be that way. I'm going to be honest with you. I mean, I Commissioner Carollo: Understood. And Mr. Torre, if this was a stand-alone deal, then okay, we could discuss, andl understand that. But this is not a stand-alone deal. This directly impacts yet another deal that we have, which is with Bayside, and it increases the length from 46 years now to 99 years, so -- Mr. Torre: Right. But remember, that 46- to 99-year period is at full market rent. I know I keep saying that, butl think it's relevant. I understand. Commissioner Carollo: Do you understand? And from one meeting to the next, something significantly changed, and you know, yes, we're going to need to, you know -- Mr. Torre: Okay, we'll -- we can discuss that further. Mr. Chair, do you want me to continue answering -- Chair Gort: Yes, please. Mr. Torre: -- the questions? In regards to -- soI thinkl addressed Ms. Solares' concerns about the retail -- the rent adjustment every 10 years. I think I've addressed most of her questions. She asked about the retail, retail liner. We had just discussed it. And she says here, 1f they haven't paid percentage rent in 27 years, so is it reasonable to assume that the City won't receive any in the future? "Obviously, I've discussed this time and time again. There is a percentage rent schedule that's based on gross revenues of the natural breakpoint, so the intent -- obviously, we're going to get a lot more percentage rent. And in addition to that, we're getting 15 percent percentage rent over the natural breakpoint for the parking garage. In addition to that, we get 6 percent percentage rent of all gross revenues ofMr. Berkowitz' very valuable valet space underneath, so obviously, there is a lot more percentage rent being paid. I think I've covered all her issues. As far as Mr. Crespo's question of the Art in Public Places -- Yes, he did send me an e-mail a couple days ago. I did not answer that question. If he would have read Section -- Schedule B'bf the lease -- amendment B'=- excuse me -- yeah, Section B,'£t says that they're going to use part of that money to build a garage retail liner, based on $12, 500 per parking space, and you figure probably around 200, $250 a square foot in build -out allowance, because they will probably most likely be delivering a gray shell with non -interior build -outs. You're looking at an investment between 7 to $8 million of that. In regards to the Arts in Public Places, my understanding -- andl guess the City Attorney can confirm -- but this is for municipal buildings in the County, so it doesn't apply. We've addressed that before. I think I've answered all the questions from the public. Chair Gort: Okay. Mr. Torre: I'm ready to continue discussing the merits of this deal. Chair Gort: Thank you. Discussion. Commissioner Sarnoff. City of Miami Page 57 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Sarnoff. Well, just -- let me just go to RE.5, andl want to direct some of my comments to Commissioner Hardemon, because I think sort of part of a story was told -- and I'm not sure if the full story was told. I'm not sure the full story's ever been told. 'Two thousand ten -- and this is not directed at this board for 2010. This is directed earlier than 2010 -- it's a quirk of nature; sometimes we make mistakes up here. I put somebody on a board thatl thought put them on another board, and that person went about to find out that this particular Bayside Foundation, it was estimated that 4.5 to $6 million was missing in money. Now, it's interesting when a organization has multiple bank accounts. Ordinarily, you might have one, you might have two, but you wouldn't have six, seven, or eight. And I'm not going to get into a long story, because the then -director refused to turn over paperwork to the board and brought a lawyer to a couple of meetings, and inevitably, $3 million was found but that leaves 1.5 to $3 million never recovered. Now, nothing's every happened about this. Nobody's ever sought an accounting. Nobody's ever gone to court to force a common law or statutory accounting. So what -- to be -- to get my support on RE.5, I would ask you -- andl have no problem with the Liberty City Trust or anything along those lines and -- you know, I -- not -- that's not my issue. But when we talk about the Bayside Foundation, there's a huge hole, and that's the $1.5 million. Where is it? And, Commissioner Carollo, I've done my due diligence; I've look at the P&L (Profit & Loss). It's an interesting P&L that don't think tells the full story, but I'm not getting into the 2010 issues either. But nowhere on here is the $1.5 million. Nowhere on here, either in bad loans, bad debts, which is a category they carry, is this $1.5 million. Andl -- just curious why we just push something under the rug in Miami. It's -- where is it? How 'bout we hear from Madam City Attorney a year later: Commissioners, it's never to be found. "Okay, we've done our due diligence. We've done what we're supposed to do. This money is never to be found How 'bout, Commissioner we found $300, 000. "Or how 'bout, Commissioner, there's missing money, and the person that can account for it is this person. "I think that's pretty much why we are here today -- not here today, but that's part of the process. So I will support RE.5, but I also want to pass an ore tenus resolution asking the City Attorney to perform a statutory and a common law accounting for that particular board. Commissioner Carollo: Mr. Chairman. Chair Gort: Wait. Yes, sir. Commissioner Carollo: I was under the impression that there was some type of criminal investigation in the past with regards to this. If not, I would also suggest that our auditor general look into doing some type of forensic accounting and seeing exactly what occurred. But it was my interpretation that there was some type of criminal investigation a few years back. Ms. Mendez: There was a 2010 resolution, I believe, that directed the State Attorney's Office to do a criminal investigation. Nothing has -- Commissioner Carollo: Exactly. Ms. Mendez: -- really come of that. Now that this board is discussing this, we can further delve into it, because I believe that there has been no -- though, an investigation has been done, we don't know the exact merits of the investigation, other than criminal charges have not been filed and there has not really been a close-out memo. I think that's what we just found out. Commissioner Carollo: There has not been. Ms. Mendez: A close-out memo, something that totally closes this out. Commissioner Sarnoff. Right. City of Miami Page 58 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: And Commissioner Sarnoff, that's why when I heard back in 2010 as far as this, you know, and being a former law enforcement officer and so forth, when there is a criminal investigation, you know, you let them do their job. So that was my impression, that there was a criminal investigation. Now, maybe should we have asked, !ley, where are we with it or not? "The bottom line is that, you know, I think that's what we're doing right now. And if you're suggesting for the City Attorney to look into it, I also suggest that our Auditor General look into it. But I think maybe more than anything, we should, you know, request from the State Attorney's Office or whoever was doing the investigation -- I -- you know, to see where we're at before we, you know, do our own investigation. Commissioner Sarnoff. Commissioner, just so -- Is it all right, Mr. Chair? Chair Gort: Go ahead. Commissioner Sarnoff. And I'll -- I'm pretty much done with this issue. The reason I asked for an accounting, you're going to need subpoena power. Without subpoena power, the former director will turn over nothing. And just so you know, the previous board could not get documents from the former director. So you're going to need a court of law, you're going to need a judge who can issue all the things necessary and contemporary with such things as contempt citations and things like that. I just think it's time, when this comes in front of us, that we don't just --1"m okay with it. "My motion were to say take all means necessary, inclusive of asking the auditor general, no problem with that. You're right; I'm not here just to create some law work for her, but I am aware of based on what I'm reading -from Madam City Attorney's memo to me that there has not been a voluntary turnover of documentation. Commissioner Carollo: And again, as a colleague, I'm here to, you know, try to help make sure that your intent goes forward, because many times the intent is the same that we all have here. And like I said, I haven't pushed forward, because I was under the impression that it has been -- being -- it is being investigated criminally, and that's where -- you know, okay, hands off, let them do their jobs. So, yeah, I don't have a problem with your amendment, by the way. Commissioner Sarnoff. Okay. Ms. Mendez: So, just to be clear, a directive for the CityAttorney's Office and the auditor general to take any and all means necessary to investigate where the monies are; if that involves criminal or civil cases and such. Commissioner Carollo: Yes. Chair Gort: Excuse me. Commissioner Carollo: And -- Chair Gort: Few minutes. Go ahead, go ahead. Mr. Kurland: Excuse me. Nathan Kurland 3132. As Commissioner Sarnoff may know, when -- I was not chairman of the Miami Bayside Foundation in 2010, but we did turn over, through our attorney at the time, Linda Carroll. There was an investigation conducted by the State Attorney's Office, and that's where the matter has sat for the last four years. Chair Gort: Okay. Commissioner Sarnoff. Yeah, but -- Chair Gort: Thank you. City of Miami Page 59 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Sarnoff. -- I don't think we're concerned with beyond a reasonable doubt. "I think we want to get to the documents. Commissioner Carollo: Yes. Commissioner Sarnoff. We want to know where the money is. Commissioner Carollo: We want to do a forensic accounting. Commissioner Sarnoff. Correct. Mr. Kurland: We fully support that. Chair Gort: Thank you. Mr. Kurland: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Just real quick. A suggestion that Commissioner Suarez made earlier in the day, in the morning, and seeing that in light of the new information that we received, I don't think we're going to come up with a determination or a clear vote in the next 2 or 3 or 5 or 10 or 15 or even 30 minutes. Therefore, may I suggest that we break for lunch, since the United States is having a -- Chair Gort: I understand. Commissioner Carollo: -- very important match? And maybe we could take this up the first item after the lunch break. Chair Gort: I understand, but that's a 90-minute game. Commissioner Carollo: Yep, but we're not making any decision right now. We'll make the decision -- all I'm saying is can we table this item for a couple of hours? What is it, 90 minutes plus half-time? Chair Gort: Make it -- Commissioner Carollo: All I'm saying is let's table this, and then you have me for the rest of the night,- I mean, into the morning or wee hours. I don't think we'll go that far, but -- Chair Gort: How does the rest of the board feels? Vice Chair Hardemon: Are we talking about tabling all three of the items or we're talking about the ore terms motion? Tabling -- Commissioner Carollo: I think we should table all three and -- Chair Gort: All three of them. Commissioner Carollo: -- discuss it all together, as we've been doing. City of Miami Page 60 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Vice Chair Hardemon: For today? Chair Gort: Yeah. Vice Chair Hardemon: Oh. Commissioner Carollo: Yeah, yeah. Chair Gort: Right after lunch. Commissioner Carollo: So we come back right after lunch. Vice Chair Hardemon: You guys are hungry? Commissioner Carollo: Hungry for U.S. to win. Chair Gort: Vice Chairman. Vice Chair Hardemon: I mean, I don't -- considering the information that we just received, at least time to digest that, andl know I want to speak to GGP about a few different things, so I think tabling it is fair -- Commissioner Carollo: Yeah. Vice Chair Hardemon: -- till after lunch. Chair Gort: Okay, come back at 3 o'clock. Thank you. Later... Chair Gort: Okay, we go back to the regular agenda now. Mr. Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities, here to answer any questions and continue conversations in regards to RE.5, RE. 6 and RE. 7. Chair Gort: As I recall, there was the -- some amendment recommended to the -- to be made. No motions were made. We're in discussion with that. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Just want to have some clarification. It's my understanding that Bayside or General Growth Properties is going to be paying SkyRise Miami preconstruction rent; is that correct? In other words, before for the four years, before -- or before they actually build? Mr. Torre: Well, what Sky -- and Mr. Charters is here to answer more of those questions. But in regards to the deal that SkyRise has with Bayside, SkyRise will be paying Bayside -- I believe it is $400, 000 a year, which is attributable to the $400, 000 a year in revenue that Bayside is losing from use of that parking lot, which is the 1.85 acres, which is where the SkyRise development is going to be. So in essence, because of the development of SkyRise, they're not going to be able to use that; they're going to lose out on 400, 000. And let me also add -- Commissioner Carollo: That's similar to the marina, the -- City of Miami Page 61 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Torre: Correct. Commissioner Carollo: -- six hundred and something thousand. Mr. Torre: Right. We're -- we think we may lose $700, 000 in marina revenue, and Mr. Berkowitz is paying that to the City upfront. Commissioner Carollo: So it's monies for -- Mr. Torre: Loss of revenue; potential loss of revenue. Commissioner Sarnoff. Me? Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. Oh, okay. So I guess to move the conversation along, we have now learned that the intent of this agreement is that in the event that there is not SkyRise built -- and we know that SkyRise will be bonded so that, really, if he can't secure his financing -- 'cause once he starts construction, the bonding company would finish the construction. So in the event he's not able to move forward, the paragraph that you cited before would change and it would not be a $1, 059, 000 of guaranteed rent. So depending on how any Commissioner looks at this -- you could look at it with -- based with the SkyRise moving forward, and then you could look at it as a stand-alone change to Bayside. With regard to a stand-alone change to Bayside, if we just put in our CPI indexes so that there would not be a tower built, in the event of that scenario, the difference is we presently get $1, 010, 000 a year. It would go to 2,215,000 a year, and that's about a 12 -- obviously, a one -point -two -oh -five million dollar difference. Over the term of the lease, which would be the 46 years they presently have now, that would increase the City's difference to $118,182,200. The good news is after the 46-year term which we sit here with today, whether we do nothing or not, in the next 50 years of the lease, it goes to new appraisals and there are no caps established. So in that scenario, we would then get re -appraised, it would go to a very market scenario and there would be no caps. So that's one scenario that would play out. If the CPI acted as it has done for the past 30 years, the more likely scenario would be a 3 percent CPI, and the differences there would be on the term left of the lease, so 46 years would be $167, 290, 727 to the City of Miami. So again, we have a stand-alone situation -- oh, I'm sorry -- we have a stand-alone situation. That's what we would have; the minimum being 118 over the 46-year term; the more likely scenario, 167 million over that term. We'd have no high-rise. So that's -- and plus, you could also say you're going to then also put -- correct me if I'm wrong -- is it 28 million to 35 million into Bayside? Commissioner Suarez: Twenty-seven to thirty-five. Commissioner Sarnoff. Is it 27-35? Commissioner Suarez: That's the last number I heard. Commissioner Sarnoff. Okay. Mr. Torre: Correct. Commissioner Sarnoff. All right, 27 million to 35 million of improvements into Bayside. Commissioner Suarez: Plus, we get 13 million upfront. Commissioner Sarnoff. Right. So that's your stand-alone scenario. City of Miami Page 62 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Torre: And Commissioner, also, just to also add on top of that, those numbers that you are referencing are just for minimum guarantee price. Commissioner Sarnoff. Yeah, that doesn't -- sorry. You're right, Mr. Torre. Mr. Torre: That doesn't include the 6 percent over a natural break point gross for the retail and 15 percent of gross sales over natural break point for the garage. Commissioner Sarnoff. Andl think we're computing those numbers. I think those numbers are going to be substantial -- Mr. Torre: Correct. Commissioner Sarnoff. -- but those are projections; they're not guarantees. Mr. Torre: What the Commissioner has explained is minimum guarantee. Commissioner Sarnoff. Right. Commissioner Suarez: I think -- may I, Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: I think where I -- andl understand the Commissioner's frustration. I think where I -- the tension that have is, you know, you clearly have articulated a much better circumstance than what we're in right now without a doubt. If the lease were ending this year and we were negotiating from scratch, that might be a different situation. Commissioner Carollo: Absolutely. Commissioner Suarez: Andl think that's where the tension lies, you know? But you're right. I mean, when you talk about what is a normal CPI increase, 2 to 3 percent per year, you know, you're talking about a significant amount of money of guaranteed minimum rent money. I mean, if you're -- I saw on your year 46 that the spread was like 6 or $7 million, the delta between what we're currently getting and what we would be getting in year 46. I mean, that's a significant difference on just minimum guaranteed rent. Commissioner Sarnoff. Seven point three million; you're right. Commissioner Suarez: Right. So, I mean, you're -- you know, that doesn't even include the gross revenue over break even, which, by the way, there's -- I'm sure they know this, but there's a CPI component in that, because as prices go up, you know, gross sales go up. Mr. Torre: Correct. Commissioner Suarez: So you're getting a percentage over a break-even point. You know, there's almost a double CPI calculation in there. Mr. Torre: Correct. Chair Gort: Okay, any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir. City of Miami Page 63 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: And again, this is -- just trying to make sure that what has occurred in the past doesn't happen again. I think, ultimately, this will end up in litigation, and want to ask our City Attorney for her opinion, because last Commission meeting, we passed language on the ballot, and the ballot language, which, by the way, at first, I didn't want to tie the two things in a ballot question, but it is tied. And I'm not an attorney, but it appears to me that what you're asking is -- and I'll just read it: Should the City extend the existing leases from 46 to 99 years with Bayside Marketplace, LLC (Limited Liability Corporation), on the 16.85 acres of waterfront land (Bayside Marketplace), conditioned on the City receiving upfront payment of $10 million; minimum guaranteed yearly rent of approximately $3, 516, 002, which escalates, percentage rent; minimum 22 million improvements to Bayside Marketplace, including additional parking; increase contribution to Bayside Minority Foundation and development of a 400 million privately funded 1, 000 foot observation and entertainment tower, SkyRise Miami? "I mean, the question, from what I'm reading, it says that this will happen, so if it doesn't happen, then does it need another referendum or how would that play out? And again, I'm just -- listen, I really see, somehow, this going to litigation, so I want to already, you know, get a heads up. And once again, I want to also say that, listen, I understand Mr. Berkowitz has all the right intention to making this happen, but others have, too, and that's why I just want to make sure, before I take a vote, where we stand. So Madam City Attorney, should the observation tower not be built, where would that leave us with Bayside, especially since the question, in my opinion, clearly states that this will also be built and it's part of the question and part of the deal that is being approved? Ms. Mendez: Commissioner, just to be clear, the question that you read was amended to be 27 million and that's what we gave to the Elections Department. I just wanted to put that for the record. Commissioner Carollo: Understood. I'm just going by the backup material -- Ms. Mendez: Yes, I -- Commissioner Carollo: -- andl know it was amended. Ms. Mendez: I understand. Commissioner Carollo: But that's irrelevant with my question. Ms. Mendez: Right. The -- obviously, if the tower is not built and we would have to look for someone else to build something, then it would have to go back to referendum. Whatever is not done that's consistent with this, it would have to go back to a referendum. So the -- I mean, this Commission is protected; the citizens are protected in that regard. Chair Gort: It will have to come back to the Commissioners and the Commission would decide Ms. Mendez: Of course, yes, yes. Chair Gort: -- (UNINTELLIGIBLE). Ms. Mendez: Mr. Chairman, thank you for -- Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: -- clarifying that. Commissioner Carollo: And Madam City Attorney, would it be us that have to find someone else City of Miami Page 64 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 to build the tower or will it be Bayside or General Growth Properties? Ms. Mendez: Well, it depends where we are in the process. Let's say if it was built and then, for some reason -- Commissioner Carollo: No, no, no. Ms. Mendez: -- there's no tenant, Bayside would find it. If it's built halfway, we would have to assess the -- Commissioner Carollo: Understood. I don't want to touch upon any other scenarios; whether it was partially built, we have bond for that; whether it's built, we don't have tenants, Bayside is responsible. I don't want to touch any of those scenarios. The only scenario I want to touch upon is if SkyRise Miami does not receive the financing, or for some reason, it does not get started; for some reason, it does not get built, what -- where does that leave us? Because the questions to the voters clearly says that part of the deal -- part of the question is that this also will be built; it doesn't give an option. It says that upfront payment of $10 million; minimum guaranteed yearly rent, blah, blah, blah, blah, blah, blah; increased contribution to Bayside Minority Foundation and development of a $400 million privately funded 1, 000 foot observation and entertainment tower. Ms. Mendez: If the project is not built pursuant to the specifications as we asked the question to the voters, then it would have to go back to referendum. It depends on the facts of the case, but let's say it's not built at all, and it wouldn't have to go back to referendum for us to decide what we're going to do with that parcel, that portion of that lease. Chair Gort: I'm sorry, I -- Ms. Mendez: It depends on the facts again. That's why I can't give you a clear -- if it's assigned -- if there's an assignment but it still meets with all the criteria of this, then that can be -- it would not have to go back to referendum. It just -- it depends on the facts. Chair Gort: Go ahead. I'll wait till the -- to the attorneys, but I want to get back. Commissioner Sarnoff. No, I'm -- if it's in interest of this Commission, we could give Bayside an option right now. We could say Bayside, at its option, shall have the right to step into the shoes of SkyRise to construct and operate SkyRise Tower. Let's say you want to give them an additional little bit of time; within six years of the execution of this agreement. I mean, all you're doing is giving them the option. Chair Gort: The question that's being asked, it's my understanding, is who gets to select? If this does not happen, who makes the selection to come up with a new project? My understanding is -- and I'm not a lawyer, so you guys can go into this. My understanding is this is a leasehold by Bayside. Bayside would be the one that would have to come up with the project and will have to come in front of the Commission. The Commission will have to approve it; and the Commission approve it, the Commission is to decide if it goes back to the voters or not. That's my understanding. Commissioner Carollo: Madam City Attorney, since the question is tied -- it's all tied into one question, would it void the whole deal, since what you're asking for approval is not in a two-part? It's actually one lump question with all these different aspects of it. If one of them is not fulfilled, would that void the whole question? Ms. Mendez: It would -- andl know that you're frustrated with my answers, but unfortunately, it depends on the facts that present themselves. If everything is complied with and the City is City of Miami Page 65 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 getting their monies, it would not -- it's not something that would be violated. If it -- it just -- it really depends on what the scenario is at the time. Let's say -- I know that there is -- it's very clear that if SkyRise were to walk away, then the City -- Bayside would find -- can find another tenant, because they are the landlord in the scope of the subtenant relationship, but when it comes to -- there's certain things that are done within the agreement that could -- would put the City in the position to figure out what it's going to do, depending on the -- certain breaks in the agreement. Mr. Alfonso: Commissioners, may I ask or just kind of redirect the question? If the referendum in August passes, then that which pertains to Bayside but does not pertain to the tower is in force. Then the question becomes if the tower doesn't get built. But at that point, all of the Bayside portions are in force. So then the question is: What happens if the tower doesn't get built? It has to come back to this Commission, because that part of the question was not fulfilled; therefore, it would have to come back. We'd have to negotiate something different. A new referendum would have to be done; is that my understanding, Madam City Attorney? Ms. Mendez: If you bifurcate it in that way, yes; it wouldn't -- it -- remember, it's whatever -- we've asked the people to vote on something. If there's something that's not fulfilled, obviously, the portion that's not fulfilled is what we would probably have to go back with if the provisions are not handled within the lease, so it can be bifurcated in that way. Mr. Torre: Can I add something to it as well? Again, I'm not an attorney, either, Commissioners, but think as Commissioner Sarnoff gave us a potential scenario, andl think Bayside is willing to go ahead and, you know -- (UNINTELLIGIBLE) the ballot question does not say the 400-something tower has to be built by Jeff Berkowitz. We give Bayside the opportunity to step in, you know, I think some -- that's something they would strongly consider, and then we have met out obligation, because it doesn't even state in the ballot question that the rent commencement of a million fifty-nine has to start in year four or year five. That's just my two cents, for what it's worth; correct, Madam City Attorney? Do you want me to run through that scenario again? Ms. Mendez: The main question that Commissioner Carollo is most focused on is the tower, the building of the tower, and since they're intertwined, correct? I just want to understanding that I'm understanding your question and your scenario of facts. Even though the question is for -- that has to go to referendum for extending the Bayside lease, all those provisions of the Bayside lease and then the tower. If everything that has to do with the tower does not happen -- the tower, let's say -- because that's your -- right? That's your main focus? Commissioner Carollo: Right. If the tower isn't built, you asked the question that we were going to extend a lease from 46 to 99 years with Bayside Marketplace conditioned on the City receiving this, this, this, this, and development of a 400 million, privately funded thousand foot observation and entertainment tower which says SkyRise Miami. So this is part of the asking of increasing the lease from 46 to 99 years. So if the last part isn't done, does that mean then that this whole item is void, 'cause -- or they're in default? Ms. Mendez: Okay, in my opinion, it does not. However, if we decide that we have to do something different with the tower portion, then that portion would have to go to referendum; if it's a new lease, a new something; something different than that which was requested. Commissioner Sarnoff You -- can I articulate his question a little more? 'Cause I think what he's trying to get at, let's just assume for a moment Bayside -- I'm sorry -- let's assume for a moment SkyRise doesn't get built. He wants to ensure that the additional rents that he's going to take in on behalf of being a Commissioner, as well as the refurbishment of Bayside, as well as all their obligations are legal rights that they have got to fulfill. City of Miami Page 66 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Yeah. Commissioner Sarnoff. Is that right? Commissioner Carollo: Or is it binding? Because we're seeking the approval of the voters, and the approval of the voters is subject to all these requirements. If one of the requirements is not met, then is the whole thing void and nullified? Chair Gort: No, it's not. Ms. Mendez: It's not, it's not. It depends, honestly, on where the -- if a new tower -- if a tower is built as is described here, but then if someone else other than Mr. Berkowitz is running that, that would not require a new referendum. If for some reason the tower is half built and it has to be torn down and then someone else goes as a subtenant to Bayside, that would not require a referendum. There's twists to it in that it would not require a new referendum. If it's a totally different portion of that tower project, then that would require a referendum if it's not the same monies attained by the City, if it's not the same rent, if it's not the same deal, per se. Chair Gort: Yes, Mr. Berkowitz, you're recognized. Jeff Berkowitz: I'm hopingl can simplifi, this, and I'm only a recovering lawyer. But the purpose of ballot language, which is limited to 75 words, is to put the voters on notice. And quite clearly, all of the terms and conditions and intricacies that are involved in the negotiations, the lease negotiations between the City andBayside, us andBayside, et cetera, cannot be contained in 75 words. And they're all in agreements that the voters have access to and have the ability to review and analyze, and those agreements state with great specificity the circumstances under which the tower will or will not be built. I, for instance, do not have the ability, under my lease either with Bayside or the City, to go vertical until such time as we have a permit, we have a bond, we have the funds ready; all of which, by the way, I intend to do. And ifI fail to do that, it's terminated. It's no different than any other deal that the City does on a referendum where there's ballot language directing the voters to the general objectives, and at the end of the day, it's subject to the terms and conditions of the lease agreement. If Flagstone fails from this point forward to move forward in accordance with its commitment, it's over; I'm quite confident of that, and that's the same with any of the leases you have in the City that are approved by referendum. If they don't abide by the terms and conditions which are, by inference, referred to in the ballot language, they get terminated. Now, it's my intention to build SkyRise. I have millions of dollars invested today, many millions of dollars. The first $30 million are mine. There is little and no question in my mind that we're ready to build this and that -- In a perfect world, the questions that would be coming or the response that would be coming from this Commission would be more in the nature -- this is in a perfect world -- of how is it that the City ofMiami can help you get this built? Because it's a game changer for the City ofMiami, andl think the time has come. Understand that this has got to go to the voters. We're ready to make our campaign. We're ready to convince the voters that this package is the best possible thing for the City ofMiami; that it could not have been more strongly negotiated by the City; that it's a wonderful deal for the City -- I have the scars to prove it -- and that let us go, let us change the face ofMiami forever. Let this be a legacy for all ofyou sitting on this dais. Let us go to the voters. Let the voters decide whether they want Bayside to be reborn and to flourish, and whether they want to see the skyline ofMiami change forever, and an economic engine created in this community that is without parallel, I think, in the history of this City. Let's call for a vote. Chair Gort: Okay. Mr. Berkowitz: Thank you. Commissioner Carollo: Mr. Chairman. City ofMiami Page 67 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Yes, sir. Commissioner Carollo: Andl appreciate those words, Mr. Berkowitz, but again, if we don't look at history, history tends to repeat itself. Remember, for Parrot Jungle, we had voter approval; and for Watson Island project, we also had voter approval, and, you know, we've had issues with some of those voter -approval deals, projects. So again, you know -- Andl apologize for your having to pay for others' mistakes, but at the same time, we have to look at history and issues that we've had in the past, and l just want to make sure that anything that we've learned from the past, we could correct it now, and that's why -- and as a matter of fact, you have here one Commissioner, Commissioner Sarnoff -- two Commissioners and the City Attorney that thought that the language that was in the deal meant something else, and apparently, we're going to have to amend the contract now, because it's different from what you all think, yes. Madam City Attorney, do you intend to amend the contract because the language that is stipulated in there is interpreted by you and at least two Commissioners to say that if they don't build the tower or SkyRise Miami that they still have to pay us starting the fourth year, correct? Ms. Mendez: Based on what Mr. Torre and Bayside advised, we would need to remove the -- Mr. Torre: I think we need -- Ms. Mendez: -- four-year provision. Mr. Torre: We would need to clarify it. Ms. Mendez: That needs to be clarified because it is not what we understood. Commissioner Carollo: So again, I mean, this discussion is healthy to clear out everything so, you know, we don't go into this blinded, and, you know, I appreciate your words; I appreciate Mr. Torre's words; I even appreciate Mr. Alfonso words. But I want to have solid advice from my legal team, my City Attorney on what we can and cannot do and what exactly can and cannot occur, because I think, ultimately, she will be responsible in defending the City's interests. And like I said, I foresee this going into a litigation. Even the language itself, I mean, I could see someone arguing that, you know, the tower needs to be built. And in all fairness, listen, this isn't run -of -your -mill building or tower or whatever. I mean, this is going to be one of a kind. So I'm sure Mr. Berkowitz has put a lot of time and effort into this and his engineers and his building team, and he does have experience as a developer. I don't know ifI feel comfortable that Bayside Marketplace will take over and build a tower, because this isn't your everyday building. This is something that's very unique. So, you know, these are things that, you know, I'm grappling with, because, ultimately, yes, it is true what Commissioner Sarnoff and Mr. Torre, even Mr. Alfonso, that we've spoken about this quite a bit. The deal on the table is better than what we have right now and what we will have for 46 years if we don't take this. But at the same time, you know, there are concerns. It's not cut and dry. And even, Commissioner Suarez, you're right, if the current term with Bayside Marketplace was ending in a year or even five years, I think it'd be a much, much different discussion, but it's not; it's in 46 years and that's what makes it difficult Chair Gort: Do we have to amend the contract, the agreement? Mr. Torre: We are going to -- Ms. Mendez: The four-year provision, yes, it needs to be amended, based on the interpretation -- Mr. Torre: Yeah -- City of Miami Page 68 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Ms. Mendez: -- and Mr. Torre can -- Mr. Torre: -- we need to clam that, Commissioners. But just for you all to understand that, as we said earlier before the lunch break, four to five years is when rent commencement starts, you know, the fifth year on a force majeure, unless the project is not built. Chair Gort: I understand. We've been told that -- Mr. Torre: Right. Chair Gort: -- and that's been mentioned, but I want to make sure, like the Commissioner, if there's -- on the document, state it real clear. Mr. Torre: Okay. Is that something that --? Ms. Mendez: That's not -- the four to five years provision is not what Bayside is agreeing to. Commissioner Sarnoff. Right. Mr. Torre: We hadn't. We just have to make some modifications. Ms. Mendez: But the modification needs to be -- I mean, it's pretty substantial. It needs to be discussed on the record. It's not something -- so we need to know what it is that Bayside is willing to do, and maybe just asking Bayside would be -- Mr. Torre: Right. Ms. Mendez: -- the best way to go. Mr. Torre: Right. And we've had conversations with Bayside, and Bayside is prepared -- and they can come up and attest to this -- that they are prepared to -- we all know and understand that if the property is built, the tower is built, they are guaranteeing that rent should SkyRise fail. If it is not built, Bayside has the right to step into the shoes -- and we need the -- these are the modifications or the tweaks we're going to make to this lease -- that Bayside has the right if -- you know, the City has a right to terminate Jeff Berkowitz from starting if we're not happy with his financing. So Bayside has the right to step up and essentially step into the shoes of SkyRise Miami and finish the project. Chair Gort: Bayside is committed to finish the project? Commissioner Sarnoff. No, no, no. Mr. Torre: No. Commissioner Sarnoff. No. Mr. Torre: They has the right -- the rights to -- that they would have to exercise. Chair Gort: What we've been stating for a while now, Bayside has the right to decide if he has a new project or he wants to do something different and come to us. Mr. Torre: Correct. Chair Gort: My understanding is, if they do that, they have to come in front of us; we have to make a decision if we accept it or not; I'll send it to the voters. City of Miami Page 69 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Torre: Correct. Chair Gort: First, we have to -- Commissioner Sarnoff. Mr. Chair, I think -- Chair Gort: Yes. Commissioner Sarnoff. Can I try this? So in the event SkyRise fails to commence construction, what Bayside I think is asking for at its option -- not as an obligation, which I think Commissioner Carollo gets -- shall have the right to step into the shoes of SkyRise to construct and operate the SkyRise tower -- we just put this in because, obviously, there would be a default -- within six years of the execution of this agreement. That is an option and not an obligation. Commissioner Suarez: I think the proper legal term is .Iubrogate. " Ms. Mendez: Correct. That -- correct as Commissioner Sarnoff has described it. Commissioner Sarnoff. It's -- and they're there. Are you --? Mr. Charters: Yeah. Or -- right. If it's terminated, then we don't have the obligation to build the tower. And if the tower project fails, we would then be -- obviously, our lease with you today does not allow the construction of many things on the pier, so we would be back to the Commission or back to the City Administration to try to work out an arrangement, if we had a new proposal, and presumably, you all would have to approve that. And, you know -- Mr. Torre: And then go to the voters. Mr. Charter: -- probably goes back to a referendum, but I don't know the legalities of that. I guess -- Ms. Mendez: And -- Mr. Charter: -- the City Attorney would tell you. Ms. Mendez: -- that new proposal would require a referendum. Mr. Charter: Right. Ms. Mendez: If it is the same tower, it would not. Mr. Charter: The same -- yeah. If it's -- my understanding -- so I'm not trying to correct the City Attorney -- but my understanding, if it's the same project, if Berkowitz fails or gets terminated, we could complete it with the bonds and whatever, and if he doesn't, the project wouldn't go forward and then we would be back here, if we want to do something else, to try to work out an arrangement. Commissioner Sarnoff. But I think Carollo -- Ms. Mendez: Correct. Commissioner Sarnoff. -- has one further question, and that is: Would you then continue to do the modifications to your premise? City of Miami Page 70 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Unidentified Speaker: Yeah. Commissioner Sarnoff. Would you -- I just want to hear it out of his mouth. Chair Gort: Yeah, okay. Commissioner Sarnoff. Would the rent obligations then be the ones that you've established here? Mr. Charters: I will tell you, Commissioner Sarnoff, I was asked that question last week and -- or two weeks ago, and the answer is the same. We would -- we're committed to everything, you know, the transfer fee, you know, the new rent, the renovation, the financing participations that's documented in the deal, the garage. I already said the renovation, not sure if I'm forgetting something, but, you know, all those other things, andl believe I was asked that two weeks ago. We're not -- what we can't commit to is to pay a fixed rent on the pier if there's no tower there. Commissioner Sarnoff. Right, right. Mr. Charters: So I think that's the same thing said two weeks ago. Commissioner Sarnoff. Okay. So let's start the votes. Ms. Mendez: And to answer -- Chair Gort: (UNINTELLIGIBLE) no question. Ms. Mendez: -- Chairman, to answer your main question with -- regarding to what we would amend in the contract, in Section F,'ivhere it says, Ewer rent,'the sentence that says, Commencing on the earlier of four years, following the effective date which may be extended one year if construction is delayed as a result of an act of God or'=- that portion is stricken, because, basically, the tower rent begins when the tower opens to the general public. So that is the change that we would have to make based on what has been discussed here on the -- because they will only pay the rent if and when it opens. Chair Gort: Okay. Yes, you're recognized. Vice Chair Hardemon: Mr. Chairman, thank you very much. Now, I can see that we're still trying to get the language together. Fortunately, RE.5 doesn't have anything to do with that language. I guess we can all agree to that. So at this point, to move us along at least one -- with one item, I move that we pass RE.5. Commissioner Suarez: Second, as modified Chair Gort: There's a motion and a second on RE.5. Further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. First thing I'd like to do is commend my colleague for bringing an issue up, sticking to it and negotiating -- great negotiation -- and able to obtain an additional $200, 000 a year, plus a one-time $350, 000 payment. So I commend you for that. Now, with regards to minority participation, what I'm seeing, though, is that although the Liberty City Trust will be receiving the one-time $350, 000 payment and then an additional $200, 000 a year, I'm not seeing any criteria with regards to the minority participation that they have to do. I'm not seeing exactly what they have to do or any requirements, so I kind of would City of Miami Page 71 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 feel more comfortable ifI could be assured of what exactly they had to do to receive those monies, because, as you very well know, many times, promises have been made, but then ultimately, those promises or the monies for those promises are not kept. So I would feel much comfortable if there was language in there with regards to the criteria for them to be able to make sure of minority participation or what exactly are they going to be doing for -- to enhance the minority participation or to have minority participation. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: The minority participation agreement, in and of itself has a lot of different elements to it. Part of the minority -- the minority participation arm, you have to understand is presented on page 3, Section 4, where you have language in there that goes to CSBE (Community Small Business Enterprise) and CBE (Community Business Enterprise) participation. That language was never included, and so what that's allowing -- what Bayside is allowing to happen is that there is participation for minority companies to have opportunities in construction, job opportunities to earn contracts -- Commissioner Carollo: Understood. Vice Chair Hardemon: Let me finish. Commissioner Carollo: Mm-hmm. Vice Chair Hardemon: -- 'cause -- and then also -- 'cause I want to explain to you what minority participation -- I didn't come up with the name of the item. It has been there since '84. But the 50 percent of those employed by the contractor to minority people; it even gives them a guarantee of a certain minimum of income for the people who participate within this who are involved in construction. And even that 20 percent of the contractual agreements for construction and for construction -related materials going to minority CSBE, CE [sic] companies. Now, as it pertains to the Trust -- Commissioner Carollo: Right. Vice Chair Hardemon: -- the language in the Trust refers to the dollars being used to further the mission of the Liberty City Community Revitalization Trust, and that goes towards economic development for that service area. The area that the Liberty City Trust services is a majority/minority community, and we all know that it is the community that just made the front page of -- Commissioner Carollo: Understood. Vice Chair Hardemon: So what it is doing, it is giving this organization an opportunity to focus on economic development in a place in our district -- in our City, rather -- that we have one of the greatest -- I would say the greatest need for economic development. So that is going to automatically go toward -- that goes towards minority business improvement; that goes towards brick and mortar; that goes towards all those things. Now, we know that in our ordinance, we have an ordinance that goes towards the Liberty City Trust and all of the things that it can do, andl, more than anybody, want to make sure that this money is protected. Part of the reason that it's going towards the Trust is that the City has a responsibility of having -- of taking care of this money. This isn't -- the Trust is a part of the CAFR (Comprehensive Annual Financial Report), the Trust is part of the budget, so I think the money is fully accounted for, andl intend -- andl've already spoken to Madam City Attorney about drafting additional language to address the ordinance about how to protect this money from anything happening to it, because at the end City of Miami Page 72 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 of the day, what I want to see, long after I'm gone -- while I'm here and long after I'm gone -- is that this area that's been deteriorating due to violence, due to lack of education, due to lack of capital resources, has some resurgence. And whatl appreciate -- andl have to let it be known -- from GGP, Bayside and Mr. Berkowitz is that they've teamed up with the City ofMiami in helping to address an issue in our community thatl don't think we can do it on our own, so I'm happy to have their support behind doing this. Andl think that when they saw where the money was going towards the minority community, that it is inclusive in a minority participation agreement. So that's -- Commissioner Carollo: I'm just trying to -- I just want that the intent that you have gets fulfilled, and I'm trying to make sure that it's accountable for. So I guess what I'm saying is: Do we have language in there with regards to deliverables? They're going to be receiving $200, 000 a year. I want to make sure that every so often there -- andl mean every so often -- every two years, five years, you know, we could have some type of assessment to make sure the deliverables are there, you know; that they are accomplishing something, and not that -- let's say the majority of that money gets used up in administration or something to that effect. Vice Chair Hardemon: Yeah, and that's part of what wanted to -- Mr. Chair, that's part of what -- why I'm going to create addition -- I think that the language that we have on the books right now is sufficient, but I would rather see more, and so I'm in discussion with the City Attorney right now about how to get there. However, the Liberty City Trust already has the responsibility of coming before the Commission every year and giving a report about what they're doing and such. Commissioner Carollo: However, in all fairness, Commissioner, we have had issues with them coming before us for the budgets, requesting the budgets, and we're talking think six months late; they didn't present a budget one year; issues with the audited financial statements. There was one year that we were late in our CAFR, and there was two organizations or three organizations that hadn't turned in the CAFRs to the City ofMiami; they were one of them. So we have had issues in the past. Vice Chair Hardemon: Andl can respect what has happened in the past, but I'm here now. I'm here today to make sure that they're on the right track, first. And second, the City has had problems bringing out its CAFR and everything that it needs on time. So for that matter, the error is on both sides. So there is nothing -- there is no villain in this language. There is no lack of responsibility in the language. As a matter of fact, the language was written in a way to make sure that the City had an opportunity to see where this money is going, we can account for it, and now it's just a matter of using that money for economic development. Andl can assure you, because I will be sitting here, that that is going to be done. Commissioner Carollo: Understood. And all I'm asking is can there be some language stipulated somewhere so we know what the deliverables are? Because you're not going to be here forever, at least -- I mean, anything is possible in the City ofMiami -- but you're not going to be here forever, andl would like to have some language there that clearly stipulates that. And by the way, the City has had issues with the CAFR, but there was one year -- I think it was 2010 -- the issue they had with CAFR, the three friendly unions did not turn in their CAFRs into the City, but anyhow, we'll put that aside. But the bottom line is, Commissioner, listen, I'm trying to make sure that your intent is met; not for these next eight years that you'll be here. I'm saying -- 'cause this is a 99-year deal, from what I'm understanding. So it's a 99-year lease or a 99-year deal. I want to make sure that we have language there that we've done our due diligence, so there is language there to have deliverables. Vice Chair Hardemon: So does that language look like the Liberty City Community Revitalization Trust shall make yearly reports to the Commission on its economic activity; can that be the language? City ofMiami Page 73 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Carollo: What should be their economic activity? Vice Chair Hardemon: But that's for them to decide, and that's what they do. They're -- they give -- part of the responsibility of the Trust is to give the Commission their opinion about the economic activity and what it should be in Liberty City, and that's why it was created. It was created to be a focus group to focus on one of the most, you know, tough -- one of the toughest areas within our community, so that's for them to decide, and that changes with the board, that changes with the board members, that changes with whatever is happening within that community. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I just want to say a couple things. First, I want to, you know, commend the Bayside Foundation for the work that they've done. They did turn around a very bad situation, and the Foundation is doing a lot of good in the community. I don't think that what, you know, Commissioner Hardemon has negotiated is in any way inconsistent with that, and on the contrary, I think it actually helps both organizations. Andl think one of the things that I've realized as a board member ofMSEA (Miami Sports & Exhibition Authority) is that it's very hard to accomplish your goals if you don't have any funds to accomplish them. And so what's important about the Liberty City Trust is we have a community that is aching and ailing now more maybe than ever or maybe than a long time, and it's important that we do what we can to create organizations that have resources to help deal with some problems that are very, very acute problems that we've been dealing with for a very long time. You know, one of the things that I'm sure frustrates Commissioner Hardemon is that there is no CRA (Community Redevelopment Agency) in the Liberty City area, you know. In Overtown, we're on the cusp at some point if we can get it together of doing some major redevelopment in that area. But, you know, I think the frustration is: What's going to happen to Liberty City;? is it going to get left behind? And I'm just very glad that, you know, the Commissioner has decided to make this a moment where he did not want to forget about Liberty City, not want to leave it behind, andl think it's important given what transpired in the last few days that we, as a Commission, you know, support your efforts. The Trust has its governing documents, I presume, and it has its mission, its goals, and we have to hold the Trust accountable. So if it's not reporting timely; if it's not -- doesn't have the right membership, it's on us to do that. I don't think it necessarily needs anything more, per se; it just -- you know, we've done a great job as a Commission since I've been here of holding people accountable. When they don't do their job, we hold them accountable. When the CAFR hasn't been on time, we've been holding the Administration accountable. And think since they reported that one year late, significantly, we've held them accountable, and they've started to correct that. So, you know, I'm very, very glad that you have not only negotiated a better deal for the Bayside, you know, Management Foundation, but also for the Liberty City Trust. And I'm hopeful that now, with some resources, they'll be able to help us do our job, which is to make our City safer, and in an area of the City which is a very special area. It's an area not too different from my district in the sense that it's a lot of single-family homes, it's a very flat part of the City, but unfortunately, it's been beset by violence for a very, very long time, and we have to do what we can up here every single day to prevent those notices from keep coming into our phone every single night. So thank you, Mr. Chair. Chair Gort: Any further discussion? Being none -- Commissioner Sarnoff Wait, wait, wait, Mr. Chair. I do want tojoin in this vote, but I did make an ore tenus motion earlier today, and that was to help the Bayfront -- Bayside Foundation find the missing $1.5 million, and for me tojoin with you on this -- andl do support you on this, andl applaud -- I won't restate what everybody else said -- but I do want to have the ore tenus motion City of Miami Page 74 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 heard, 'cause it -- to me it -- we just don't leave a million, five hundred thousand dollars around and say, Oh, we're starting fresh right now. "So I'll again state my motion even though Mr. Hannon -- Commissioner Suarez: Is that a separate motion? Commissioner Sarnoff. -- for some reason didn't bring it up, but I must be on his bad side today. ToddB. Hannon (City Clerk): No, sir. I'm sorry, ifI may, just for the record. We had it down as a directive to the City Attorney; as a direction, not as a motion. Commissioner Sarnoff. I think you -- I think we require in order to go to an accounting Commission action. So I think I'm going to state it as an ore tenus motion, and hopefully, I get a second. Commissioner Suarez: Second. Vice Chair Hardemon: And right now I don't -- I believe, procedurally, with there being a motion on the floor -- Chair Gort: There's a motion on the floor at this time. Vice Chair Hardemon: -- it doesn't have -- your motion wouldn't have any precedence -- I mean, it wouldn't take -- it wouldn't come before my motion, but at least I will guarantee you -- Commissioner Carollo: Subsequent to your motion. Vice Chair Hardemon: -- and I'm definitely going to second. Commissioner Suarez: Yeah; subsequent to your motion. Vice Chair Hardemon: It's subsequent to the motion, right. Commissioner Carollo: We don't follow Mason's to the T,'by the way. When we have a motion in the floor, we don't add another motion. Vice Chair Hardemon: That we -- like a Mason I -- Chair Gort: Excuse me a minute. Does your motion affect the decision on this motion? Commissioner Sarnoff. No. I could take Commissioner Hardemon at his word. Chair Gort: Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: And now your motion. Commissioner Sarnoff. I'd like to take an ore tenus motion based on all the conversations we've had today, especially with Commissioner Carollo and myself and that we give the City Attorney the authority to go to court and have an accounting, both common law and statutory, as well as employ all efforts from the City, inclusive of the City Auditor, to unearth all the previous years of the Bayside Foundation to learn exactly if there is any missing money, and what actions she can City of Miami Page 75 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 (RE.5) 14-00523a District 2- Commissioner Marc David Sarnoff then recommend us to take in the event they are found. Vice Chair Hardemon: Second. Commissioner Carollo: Second; discussion. Chair Gort: It's been moved and second. Discussion. Commissioner Carollo: And that's the City's internal auditor. Commissioner Sarnoff. Right. Sorry. Chair Gort: Okay, 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 REQUESTING THAT THE OFFICE OF THE CITY ATTORNEY AND THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL CONDUCT AN INVESTIGATION OF ALL PRIOR YEARS OF THE BAYSIDE FOUNDATION TO SEE IF THERE ARE ANY MISSING MONIES AND IF APPROPRIATE, TO PURSUE COMMON LAW AND STATUTORY ACCOUNTING REMEDIES AND ANY OTHER APPROPRIATE MEASURES TO RECOVER SUCH MISSING MONIES. 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 RE.6 14-00524 Department of Public Facilities R-14-0248 Note for the Record: Please see item RE.5 (14-00523) for minutes referencing this item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A FOURTH AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT, RETAIL PARCEL ("AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR CITY -OWNED PROPERTY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO MODIFY CERTAIN PROVISIONS OF THE LEASE AND RECOGNIZE THE SUB -GROUND LEASE TO THE SKYRISE MIAMI, LLC ("SKYRISE") TOWER SUBLEASE, AS STATED HEREIN, TO INCLUDE THE EXTENSION OF THE CURRENT LEASE TERM, PROVIDED ALL RENEWAL OPTIONS ARE VALIDLY EXERCISED, BY FIFTY-THREE (53) YEARS; AMENDING THE RENTAL PAYMENTS AND TO City of Miami Page 76 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 INCLUDE THE TOWER RENT AND TOWER PERCENTAGE RENT AS DEFINED IN THE AMENDMENT; ESTABLISHING THE MINIMUM BASE RENT PAYMENTS ON THE EFFECTIVE DATE; REQUIRING RENT ADJUSTMENTS BASED ON APPRAISALS CONDUCTED EVERY TEN (10) YEARS FROM THE EFFECTIVE DATE FOR SKYRISE AND UPON THE FIRST RENEWAL TERM FOR DEVELOPER; ESTABLISHING A TRANSFER FEE FROM THE DEVELOPER AND SKYRISE; SUBJECT TO APPROVAL OF THE AMENDMENT BY REFERENDUM; WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AND THE CITY ATTORNEY AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 14-00524 Summary Form.pdf 14-00524 Back -Up Documentation.pdf 14-00524 Legislation.pdf 14-00524 Exhibit.pdf 14-00524-Submittal-AI Crespo.pdf 14-00524-PowerPoint Presentation -Sky Rise Miami.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0243 Note for the Record: Please see item RE.5 for minutes referencing item RE.6. Chair Gort: RE. 6. Alice Bravo (Chief of Infrastructure): Good afternoon, Commissioners. Alice Bravo, Deputy City Manager. There's been a lot of discussion back and forth regarding Sub -Section F, regarding tower rent. I just kind of wanted to bring all the thoughts together and have Mr. Charters concur with the following amendment, and so basically, we would be amending the beginning of Section 4 to say: After construction of the tower has commenced, and then commencing on the earlier four years after the effective date, we'll still hold the time frames of four years for payment of the rent within a one -- additional one-year extension if construction is delayed, but however, in case the tower construction is stalled and Bayside will have the right to step into the shoes of SkyRise to complete the tower, those time frames will be extended by two years. So then we would be collecting rent guaranteed by either your six or your seven if there is a force majeure issue. Commissioner Sarnoff. So maintaining the force majeure clause? Ms. Bravo: Correct, but providing two extra years in case Bayside has to step into their shoes. And then we would also add that in case that construction of the tower does not move forward, Bayside and the City will negotiate an amendment to this lease that will be brought to the City Commission for consideration and referendum approval as necessary. Chair Gort: Okay. Commissioner Sarnoff. I think you want to hear from Bayside. John Charters: And all the termination discussion that we had still is in the lease, so that still is valid, right; you're just -- correct? City of Miami Page 77 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Ms. Bravo: Correct. Mr. Charters: Okay. Ms. Bravo: And the other amendment, of course, is the appendix that's being added to the recognition agreement, which elaborates the use of minority participation in the construction of the improvements, renovation improvements, as well as Bayside's contribution of $100, 000 to Liberty City Trust; so just to put on the record all the amendments that we discussed today. Mr. Charters: That's the -- so we're talking about the second amendment that was just passed, and you're talking about the SkyRise amendment also, right? Ms. Bravo: Right. Mr. Charters: Specifically. Ms. Bravo: Right. Mr. Charters: Okay. Commissioner Sarnoff. You should say -- Victoria Mendez (City Attorney): If we could be -- I'm sorry. Commissioner Sarnoff. And you should say, `7 agree." Mr. Charters: Yes. Commissioner Sarnoff. There you go. Ms.Mendez: Yes, but I just -- I want to be specific since you were asking about the questions about which one -- what Ms. Bravo said with regard to the tower rent in Section F that, you are agreeing with, correct? Mr. Charters; Yes. If the tower -- if the deal is not terminated, and for example, if Jeff Berkowitz is -- continue in his construction, and he goes past four years, and there's no force majeure, then he would pay the rent, which would flow through us to the City. In the case we take over -- right? -- if, you know, if he's terminated by the City or by us, and we step into his position, and we complete the tower, then we would have six years to do it; we would have to start paying. Butl was also just trying to clam, which I think everybody understands, that if the deal is terminated and the tower isn't constructed then we're not obligated to pay the rent. I think -- that's all was trying to clam, the fact that we -- Ms. Bravo: But we will work together to identify -- Mr. Charters: We will absolutely work with -- Ms. Bravo: -- to identify new use for that site. Mr. Charters: We would work with the City, but obviously, the City -- we would have -- City Administration, City Commission will have to agree to that. Commissioner Carollo: Mr. Chairman. City of Miami Page 78 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Yes, sir. Commissioner Carollo: And l just want to make sure, 'cause I keep hearing "terminated." If the City does not terminate, and we're expecting the tower to be built and then it's not -- Commissioner Sarnoff. I think the word should be 'failed to construct"; in the event the SkyRise fails to be constructed Commissioner Carollo: Because I keep hearing him say, "and is terminated;" but I don't think it's the intention of the City to terminate. Ms. Bravo: I believe he's making reference to the sublease with SkyRise being terminated for failure -- Chair Gort: To comply with the lease. Ms. Bravo: -- to implement and construct the tower. Mr. Charters: Failure to perform. Ms. Bravo: Right. Commissioner Sarnoff. You know what it is, Mr. Charters? Mr. Charters: No. Commissioner Sarnoff. The lease may not actually be terminated. There may still be some exigent sections of that lease that are still operable, so I think what we're saying is in the event SkyRise fails to be constructed, there still are some terms and obligations that are -- Mr. Charters: Yes. I'm sorry. Commissioner Sarnoff. Right. Mr. Charters: Which goes to the question you asked two weeks ago and you repeated again today. Commissioner Sarnoff. Right. Mr. Charters: Yeah, which is the other conditions in the fourth amendment to -- Commissioner Sarnoff. Right. Mr. Charters: -- our original lease, which is the $10 million payment -- Commissioner Sarnoff. Right. Mr. Charters: -- to fix, ren -- the renovation that -- sorry. Commissioner Sarnoff. I think the better term of art to use, "in the event that the SkyRise is not constructed." Chair Gort: Okay, any further discussion? Do I have a motion? Commissioner Sarnoff. Sorry -- I'm sorry, Mr. Chair. City of Miami Page 79 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved. Is there a second? Commissioner Suarez: Second. Ms. Bravo: As amended. Chair Gort: With -- as amended. Commissioner Suarez: As amended. Commissioner Sarnoff. As amended. Chair Gort: Commissioner Sarnoff made the motion; second by Commissioner Suarez. Further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: And Mr. Chairman, I want to say something before I forget. The meeting that we had last time, there was a young woman that presented herself before this Commission; her name is Ms. Correa. And subsequent to the Commission meeting, an article was written about it in the Miami Herald. From there, she had to send in the correction. It was corrected. And from there, she sent me a letter that she was just explaining herself and apologizing for using the term, "ridiculous." Andl want to also clam as I did then, but make it clearer now that was not saying that she was in the pocket. I was making a statement that was describing what it looks like for Bayside to not advocate for higher funds. So if -- I want to apologize to her if that's what she felt, but that it was a misunderstanding. Andl do recognize all the hard work that she's been doing for the City ofMiami and for this community, and for that, I say thankyou. Andl hope that the Miami Herald will print that so she can see that, and I'll give her a call later, but thankyou very much. Chair Gort: Thank you. RE.7 RESOLUTION 14-00525 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A FOURTH AMENDMENT TO THE LEASE AGREEMENT, GARAGE PARCEL ("AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC., A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR CITY -OWNED PROPERTY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO MODIFY CERTAIN PROVISIONS OF THE LEASE, AS STATED HEREIN, TO INCLUDE THE EXTENSION OF THE CURRENT LEASE TERM, PROVIDED ALL RENEWAL OPTIONS ARE VALIDLY EXERCISED, BY FIFTY-THREE (53) YEARS; AMENDING THE RENTAL PAYMENTS; INCREASING THE ALLOWABLE NUMBER OF PARKING SPACES IN THE GARAGE; ALLOWING THE ADDITION OF A RETAIL LINER TO THE City ofMiami Page 80 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 GARAGE; REQUIRING RENT ADJUSTMENTS BASED ON APPRAISALS CONDUCTED UPON THE FIRST RENEWAL TERM FOR THE EXISTING SQUARE FOOTAGE; ESTABLISHING A TRANSFER FEE FROM THE DEVELOPER, SUBJECT TO APPROVAL OF THE AMENDMENT BY REFERENDUM, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AND THE CITY ATTORNEY AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 14-00525 Summary Form.pdf 14-00525 Back -Up Documentation.pdf 14-00525 Legislation.pdf 14-00525 Exhibit.pdf 14-00525-Submittal-AI Crespo.pdf 14-00525-PowerPoint Presentation -Sky Rise Miami.pdf Motion by Commissioner Sarnoff, 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-14-0244 Note for the Record: Please see item RE.5 for minutes referencing item RE.7. Chair Gort: RE.7. Henry Torre (Director, Public Facilities): RE.7, Commissioners, for your reference is the retail amend -- is the amendment to the garage. Commissioner Sarnoff.. So move. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Is any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. Mr. Torre: Thankyou. END OF RESOLUTIONS BUDGET BU.1 BUDGET DISCUSSION ITEM 14-00503 Department of STATUS (SEC.18-542(B) CITY CODE) Management and I. 2013-2014 BUDGET Budget II. PROPOSED 2014-2015 BUDGET 14-00503 Summary Form.pdf City of Miami Page 81 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 DI.1 14-00556 City Commission DISCUSSED Daniell. Alfonso (City Manager): We have BU.1 now. Chair Gort: BU.1? Mr. Alfonso: Budget discussion. Chair Gort: Budget discussion, yes; sorry. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. Pursuant to the requirements of the financial integrity principles, I present to you the regular monthly budget report of May 2014. Overall, we're projecting a surplus of 14 and a half million dollars. This is a combination of about 8.1 million of revenues and -- above what we budgeted -- and 7.8 million of expenses lower than what we budgeted. We're two-thirds of the year -- the way through the year; we're 66 percent. No department has spent more than 70 percent of their budget right now, and only two have spent more than the 66 percent thus far. The report that we sent out this weekend is written a little differently than you've seen in past years. It not only gives you the overall budget numbers and projection numbers, but it also tells you how it's different than in prior months. And a couple of highlights to that are: Ad valorem property taxes are about $3 million higher than we were projecting last month. We've gotten deeper into the numbers and we're projecting it higher. Franchise fees and other taxes in Public Works are a bit lower. Interest earnings are a little higher. Charges for service are a little higher, particularly in the building permits and inspections. And we're keeping an eye on personnel cost in both Police and Fire. And then the final one is we have lowered the number in one-time payouts. We had it at a peak of 22 and a half million. The deeper we get into that number, we've brought it down to about 19 million, so we think that's about where it should be. With that, I will entertain any questions you may have. Chair Gort: Thankyou. Is any questions? Thankyou, sir. Mr. Rose: Thank you, Commissioners. Mr. Alfonso: Commissioners, ifI may add, just a -- in terms of the budget for '14/15, we have requested from each of you -- and I think most of you have already scheduled meetings with us so that we could have a chance to go over what is going to be proposed. So just -- Chair Gort: Thankyou. Mr. Alfonso: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00556 Cover Page.pdf 14-00556 E-Mail - Discussion Item.pdf 14-00556-Submittal-City Manager and Police Chief.pdf 14-00556-Submittal-Commissioner Sarnoff-Office Position on Police Hiring Numbers.pdf 14-00556-Submittal-Commissioner Sarnoff-Sept. 2013 Commission Meeting Minutes.pdf City of Miami Page 82 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 DISCUSSED Chair Gort: DI. 1. We had that already, right? Commissioner Sarnoff. DI1 is police officers, right? Okay. Thank you. Thank you, Mr. Chair. I think it's a worthwhile time to discuss the hiring of police officers, because the benchmark date that was probably put on the record clearest by Commissioner Carollo was missed. We were supposed to have 95 patrol officers on patrol, as was foretold by the Chief of Police in the September 2013 budget meeting, and they were to be on the force by April of 2014. So have we achieved the 95 patrol officers promised at the September 26 budget meeting by the City of Miami Police Department? What I would say to you is that most of the 95 patrol officers are not net new officers, but as we describe them here, as officers not previously patrolling the streets in the City ofMiami. They would be comprised of the 40 budgeted vacancies along with 20 officers that were coming from behind their desks to patrol, and hiring 35 newly budgeted, if you will, net new officers. These groups join together to form the 95 -- total 95 officers promised by the City ofMiami Police Department. Factoring in separations from employment, using the numbers the Chief gives us each month, the best we estimate is that by April 2014, an additional 48 officers were patrolling the streets ofMiami. How he came up with that determination is explained. Based on the written records submitted by the Miami Police Department at the budget hearing, the City ofMiami was staffed at that time with 1,110 officers. Of the then 1,144, which is a pretty famous number around here, because we've been budgeting 1,144 officers for the better part of 10 years, demonstrating 34 vacancies. As a result of the actions taken by -- if you recall, we had about 350 citizens here -- we budgeted for then 1,179 officers for a net new increase of 35. The written record demonstrates that by September 2013 and ending at April of 2014, there have been 59 hires, 25 separations, resulting in 34 net new officers. Of the 20 that were to come from behind their desk, 14 had been reassigned to patrol. This gave the City a total of 1,126 officers, or as we would then call them, 48 additional patrol officers. By the end of May 2014 -- so about another month later -- it appears that we have hired 15 more officers, we lost three, for a net total patrol -- or if they are in patrol, Chief -- 12 additional officers. So the record then would reflect 60 additional net new officer -- excuse me -- 60 additional officers on patrol. Now, the thing I will tell you all is if you look at the record that the Chief provides to us, you'll see where it says "patrol division." You'll see September 26 of 2013, we had patrol of 606 police officers. Today, according to the Chief we have 619. So there is a disparity in just the written record itself. So whatl would tell you all is I think we have some discrepancies based on the record, Chief. I think -- I know there's been a contention that maybe 82 officers are on patrol, but none of the numbers sync up. And I've gone through this with the City Manager. I think he's pretty comfortable with the numbers that we've established, andl think you're going to have a large swell of people coming up again, Chief when it comes time for budget. Chief Manuel Orosa: Good afternoon, Commissioners. Chief Manny Orosa, Miami Police Department. Commissioners, first of all, we haven't added 95. We've added 109, but we also had 48 people that left, were terminated, et cetera. If you go back to the 1,144, we're almost there, but we now have 1,179; we're above that. If you see the new package we gave you, we have shown you in the back page a matrix of what we expect and project based on what we're hiring right now; that we will be coming back to this Commission towards the end of the year, probably asking for more money to add more cops, because we've reached 1,179. As to the promise of 95 new cops put to patrol, I was under the impression was 95 new cops; not necessarily in patrol, but if that's the case, then, you know, I stand corrected. We do have to buy more police cars then, if that's the case -- a lot more -- and we -- I feel comfortable in the way we're hiring police officers and putting them out on the road right now. Right now, we're almost fully staffed in patrol. We have 401, as I counted yesterday, to include the recruits that are riding together because they'll be -- some of them will be leaving the FTO (Field Training Officer) program come next month, and then there's a big batch coming out in August, as well. Currently, we -- out of the 1,500 that applied, we've done the first batch. We completed that first batch. From the second batch, we're almost done. We're only playing around with 48 more applicants that are going through polygraph and physicals. And then in July 6 and 17, we're City ofMiami Page 83 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 going to bring another batch of candidates, and we'll start processing them. We will -- we expect to finish sometime prior to the beginning -- prior to the end of the year with this batch. And like I said, I believe that we're going to be hiring over a hundred again. Last year, we broke the record with 110, and think we're going to be in the 120's this year for hiring. That's why I feel confident we'll be back here requesting more funding for more officers so that we don't stop the hiring process. Commissioner Sarnoff. Chief I'm going to say this to you, 'cause I -- you know, I like to think I'm clear, but I got to say I'll defer to Commissioner Carollo, and I'm going to quote him in the September 26 meeting: `Positions right now are different. Non patrolling assignments which will now be assigned to fill the streets. The last heard is 40 vacancy, which Chief said by the end of the year will be filled " You didn't fill the 40, because you didn't offset for the loss of your officers that are in DROP (Deferred Retirement Option Plan). There's an additional 35 in the proposal from the Manager and the Mayor. If my math is correct, 40 plus 20 plus 35 is 95 officers that will be patrolling the streets right now that are not patrolling the streets. And subsequent to that, you agree to this number. So, you know, what we can't have, Chief is an ever -changing playing field I think at this point, I'm just talking about net new officers, but we haven't even arrived at the 95 to get there yet, and, you know, the best I can tell -- Chief Orosa: Well, the -- you're correct. Net new officers, no, we haven't gotten there, but we have surpassed the 95 officers; just so happens that 48 left because of the -- because they were supposed to leave, or got fired or whatever. Commissioner Sarnoff. Chief let's be frank with each other, andl mean dead frank. You knew they were going to be leaving; there's no two ways about it. We have a -- we -- Commissioner Gort has said many, many times -- we have a bubble coming up sometime next year that you know about 150 officers may be leaving. So you know that you have to deal with that offset to begin with. And Chief you know, I want to be dead honest with you and dead straight with you. You know, I was one of the guys up here saying, "Let's put them on patrol, maybe because an ounce of prevention is worth a pound of cure." But then, as you know, I've been looking at the clearance rates for the City ofMiami, and our clearance rates are 14 and a half percent; that's our clearance rate and then -- Chief Orosa: On what particular issue? Because -- Commissioner Sarnoff. That's our general clearance rate, City ofMiami. And I'm not going to tell you you're much different -- though you are different some -- than Miami -Dade Police, than some of the other police departments; some are worse than us; some are much better than us. But Chief a 14 and a half percent clearance rate means you're continuously arresting the same person for the same crime, and he has a one and a half in 10 shot of getting -- of it sticking. And so while I was "an ounce of prevention is worth a pound of cure" guy, I'm not going to tell you where you should put these guys. But I will tell you this: If somebody breaks into Commissioner Carollo's house, and they pull prints, and that guy is of these -- you know -- has a 85 percent chance of getting off I think he'd prefer -- or I would prefer, and I think he would prefer as well -- that you get it to a 50/50 shot, because these clearance rates are terrible. Now, perspective here, since 2005, our clearance rates have been about the same; sometimes a little better, sometimes a little worse. When I was in school, you know the police department we studied for the best clearance rate for murder in the United States was? City ofMiami. You know what your clearance rate is today on murders? Hard to dispose of a body. You know what your clearance rate is? Chief Orosa: It's about 50-something percent. Commissioner Sarnoff. I don't think you're that high, Chief. I don't think you're that high. So, look, I don't think your numbers are there in patrol. I think this Commission was extremely clear City ofMiami Page 84 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 about the patrol. I'm not going to -- you know, look, I'm going to ask for 100 cops this budget cycle, no two ways about it, and they're going to be called net new officers. So you have 1,179 budgeted and I'm going to ask for 1,279 budgeted. Now, Commissioner Gort will probably laugh to some degree. Commissioner Carollo will say, "You're going to have a savings in your budget, because you're never going to get to that number." But I'm telling you, Chief, if you're ever going to change the paradigm in Miami, if this is ever going to be a safe place to live, it's going to come through two resources; primarily, police, and secondarily, Code Enforcement. If you're ever going to change the paradigm in Miami and make this a beautiful city, it comes on your shoulders and, to a much lesser degree, Code Enforcement shoulders. And then, you know, maybe we won't need so much economic development initiatives in Miami, because if you ever wanted to come to a place to live, this would be the place you'd want to come. I say this to you in all earnest. I say this to you in complete candor. But -- if the playing field continues to change as to what we make benchmarks, then I don't think we're talking face to face with each other. Chief Orosa: Okay. I think that if you're going to talk about benchmarks, there's a couple benchmarks that you should talk about. One: We used to take nine months to hire a cop. Now, we're taking three. Two: We used to take probably 16 to 25 cops in a year. Now we're hiring 110. I think those are very outstanding benchmarks when you get to it. Just so happens that we have people in the DROP, and, yes, we can plan for people in the DROP. Butl cannot plan for people that we fire; for people that get arrested andl have to fire; for people that resign in lieu of termination; or people that start the academy, and all of a sudden, they say, "Oh, this ain't for me, " and they decide to leave. I can't plan for those. I can plan for people in the DROP, andl do. That's why we put it in the little matrix we provide the Commissioner every month. That's why, if you take a look at it, you'll see that by the end of this year, we'll be fully staffed, and we're going to need more money to continue so that when you do get to that bubble you talked about, we are overstaffed, so when we do hit the bubble, we come down to the levels that we are hopefully in eleven or twelve hundred cops, so when the bubble does hit, we're overstaffed so that we can absorb that bubble and continue hiring people. But I feel confident that the way we're hiring people now is the right way, number one; and it's a fast way, and we're not cutting any corners to hire unqualified people. Commissioner Sarnoff. Well, I hope you don't take anything that I've said here today to suggest, imply or for you to conclude that you should be taking unqualified people. Chief Orosa: No, I haven't said that. I'm just saying that if we rush to hire, the history will tend to repeat itself, what happened in the 1980s when we rushed to hire, when we went from a sworn force of 400 of over 800 cops. I'm not saying that's going to happen. I'm saying that we are hiring; that's why we cut the process down; that's why we've gone from four investigators to 20 investigators doing background to speed up the process. And like I said, we've gone from nine months to three months. I don't think we can cut it much shorter than that. Commissioner Sarnoff. I -- Chief I'm just saying when you give your word to a room that think your word was predicated on understanding exactly where you were going to find yourself. You knew there were going to be some people resigning. You know there were going to -- ifI recall, I remember reading a memo from you that you actually statistically predict how many police officers you're going to let go based on the past year's progressions. Chief Orosa: I remember I promised 90 officers, andl produced 109. Commissioner Sarnoff. Gross officers. Chief Orosa: Gross officers, correct. Commissioner Sarnoff. And you didn't factor in that there were going to be any people resigning City of Miami Page 85 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 or dropping, so to speak? Chief Orosa: No, I did not, because, you know -- Commissioner Sarnoff. Okay. Chief Orosa: -- usually in a workforce, you're going to have people leaving, of course. Commissioner Sarnoff. Yeah, but you're in a DROP; you know who's going to leave. You -- Chief Orosa: Yeah but -- Commissioner Sarnoff. -- that's a known commodity. Chief Orosa: -- Commissioner, I don't know who I'm going to fire. Commissioner Sarnoff. No, I completely understand that. IfI remember reading a memo from you, I think you statistically put that you can anticipate eight firings a year. Chief Orosa: Yes. And it was a lot more than that. Commissioner Sarnoff. Okay. Chief Orosa: We just had eight -- well, we had more than that just in one single case, and that's the case that happened up north. Commissioner Sarnoff. All right. I -- you know what, Chief? All can do is talk to the Manager, and all can do is suggest that -- I been at this for three years; since the summer of '11, I've been at this. Chief Orosa: Well, let's see. When I first started here, we were close to 96 officers short, and now, we're 48 with the additional 35 you gave me, so we're -- I think we're doing good -- great strides in less than a year and a half in a revamping of the hiring process. Commissioner Sarnoff. Okay, I've said what I could say. Chair Gort: You can give him all the funds you want. Unless we make some changes in the process, it's not going to be easy for him to hire individuals. My understanding is you got to open the process; you got to go through that list. And that process of going through that list of a thousand people that sign up, it takes -- you might do it in 30 days -- I mean in three months -- and get an officer, but to get to those three months, you go through at least nine months in selecting people, and talking to people, and interviewing people. That's one of the major problems that we have. Also, my understanding is there's certain people that go to the academy to become a police officer, andl think if we -- if you know up front that those people want to be part of the Miami City Police, they should go through the full investigation that you do, so once they come out, you can hire them right away. But he cannot do that because of the process. Chief Orosa: In that particular case, the most we can do is when they're ready to graduate the academy, we sit them in front of a computer and we have them apply. But then once they apply, we have to treat them like anybody else. And they went through -- Chair Gort: And they have to go through the process, they got to -- Chief Orosa: -- through our process. City of Miami Page 86 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: -- be part of the 1,000. If they're not part of the original 1,000 -- Chief Orosa: Correct. Chair Gort: -- they got to wait for your second request where they take 2,000. They can give them all the budget you want. The process do not help. Chief Orosa: Something simple as -- and I've already reached out -- going to the County and saying, `I know you guys are going to lay off probably; we want to hire them, " is something that we have to go and beg DOJ (Department of Justice) for it if -- Commissioner Sarnoff. Yeah, I -- Chair Gort: How long are we going to be with DOJ? Come on, that's -- Commissioner Sarnoff. -- don't -- let me just say this to you, Chief and I hope the Manager heeds this well: I really don't care what DOJ says, candidly, and if DOJ would like to issue an injunction against the City ofMiami based on 1972 hiring standards, I think they should 'cause I will tell you this: In 1972, the City looked vehemently different than it does today. Now, if DOJ wishes to issue that injunction, the good news for you, Chief is you've done everything you could do. But if this Manager chooses to go to DOJ and listen to DOJ and say, "Well, you know, we really don't want any lateral hires. We would prefer to have new recruits," or whatever it is DOJ would like to say really doesn't matter to me, because if you don't grab a hundred cops from the County, I think you failed the citizens; that's just my take. Other Commissioners may disagree with me, and that's perfectly their right and their provision to do so. It's my intention when it comes to this next budget cycle -- I've been very clear with the Manager, I've been very clear with the Mayor, I'll be very clear with this Board -- I intend on budgeting for 100 cops. You have an opportunity to hire a hundred cops. You want to get the blessing of DOJ, go right ahead; matters not to me at all. I'd rather see the injunction of DOJ, 'cause I'd like to see how a '72 population looks like a '14 population. Mr. Alfonso: Commissioner, ifI may comment. I think the City has in the past worked with the Department of Justice in terms of requesting the authority to hire certified officers, and every time that we have asked, ifI understand correctly, they have given us that ability so that if we come to them -- and we are planning to come to them with that request -- so that if the County takes some action that may adversely affect some of their sworn personnel, I think we could be in a position to put a recruitment together for those officers. Commissioner Sarnoff. And all want to be clear with you, Mr. Alfonso, is you're the City Manager; no one should tell you how to do your job, and I'm not here to tell you how to do your job. What I am saying to you is I'm going to budget for a hundred. I may be the only guy doing it. I would strongly urge you to effectuate the hundred from the County. How you achieve that, how you go about doing that is completely up to you. But once again, I would say to you if you want to address the citizens ofMiami, if you're only allowed to hire 50 and DOJ says it's only 50, you then have somebody you could say, `I can't do it because of DOJ" But the end of the day, I'm only concerned about getting men in blue -- not even telling him they have to go on patrol, because I think it's kind of a mistake on our part. You can't have clearance rates this low and operate the way I think you intend to operate the City ofMiami. Your clearance rates have to come up; otherwise, you're doing nothing more than re -arresting the same people and you're on a hamster wheel. Chair Gort: Okay, any further discussion? Commissioner Hardemon. Vice Chair Hardemon: I just got a question. My question as it pertains to clearance rates, because when I think about it, I mean, the clearance rate doesn't necessarily have all to do with City ofMiami Page 87 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 the police. I think -- I'm not sure -- Commissioner Sarnoff. I think you're right. Vice Chair Hardemon: -- but because you have to think about the State Attorney's Office also, so I don't know if there is a correlation between what the police and the State Attorney's Office is doing to improve those clearance rates, because I'm assuming the clearance rates would be those who were vindicated of say, a charge or something of that nature; is that how we're describing it? Chief Orosa: The clearance rate is basically during the investigation, whether there are any evidence that suggests that you can clear or charge an individual. There's also people that do not cooperate, victims that do not cooperate, victims that can't be located. So you'll see in the clearance rates nationally that, you know, property crimes get lower clearance rate because it's basically a less victimless crime, and the higher up you go, the bigger the clearance rate. For example, sexual batteries are usually very high, especially in our City, they are very high. Murders are usually high; however, there's certain areas where murders are committed where people sometimes do not want to cooperate with the police, or people are afraid to come forward, so the clearance rates suffer in that situation. Robberies are also a little bit of a tricky situation depending on who is the victim. Is it a tourist? Is it somebody that's going to be around? Is it somebody that's gone? And burglaries also have to deal with -- similar to property crimes -- how much of importance a victim puts on a burglary and things of that nature. Vice Chair Hardemon: So then the clearance rate is just from the time of arrest; it's the difference between being arrested and being prosecuted? Chief Orosa: It's -- no. It's from the incident to what was done with the incident. Was an arrest made with the incident? And if an arrest was not made with the incident, could you clear it? For example, I know I can arrest him, but he happens to be dead; that's a clearance, as well. But there's other issues that occur where you know who the suspect is, but you cannot arrest the suspect, because, "A," you don't know where he's at, or "B, " there's not enough evidence to suggest that in all likelihood, an arrest could be made. Vice Chair Hardemon: So there's a report that is generated. So someone reports a crime. Chief Orosa: Mm-hmm. Vice Chair Hardemon: But you don't necessarily make an arrest. Chief Orosa: Correct. Vice Chair Hardemon: That would be a clearance? Chief Orosa: If we can determine that the individual could be arrest, but we cannot arrest him for whatever case may happen, such as he's dead or somebody's in jail and the State wishes not to prosecute or add more charges; those are clearances. Vice Chair Hardemon: And so then the clearance rate goes up, is that --? So the clearance rate -- if you have a -- Is a 20 percent clearance rate better than a 15 percent clearance rate? Chief Orosa: Yes. Vice Chair Hardemon: So the higher our clearance rates are -- Chief Orosa: The better. City of Miami Page 88 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 DI.2 14-00436 Department of Planning and Zoning Vice Chair Hardemon: -- the better. I'm going to have to read something about this. This is -- Commissioner Sarnoff. No, it's -- Vice Chair Hardemon: -- it challenges the -- Commissioner Sarnoff. It's FDLE (Federal Department of Law Enforcement) that -- Vice Chair Hardemon: That does it? Okay, I'll look it up at FDT,F then. Commissioner Sarnoff. You're welcome to it; we got copies. Vice Chair Hardemon: Thank you. Chair Gort: Okay, any further discussion? Thank you, Chief. Chief Orosa: Thank you, sir. DISCUSSION ITEM DISCUSSION REGARDING THE PROPOSED ALCOHOL ORDINANCE. 14-00436 Summary Form.pdf 14-00436 Proposed Draft Ord..pdf DISCUSSED Chair Gort: Any other item? The alcohol, D2 [sic]. Commissioner Sarnoff. Mr. Garcia, do you want to put something on the record with alcohol? Otherwise, I'm going to ask for -- Francisco Garcia (Director, Planning & Zoning): I'm happy to do so, sir, andl think to make it as brief and efficient as possible, whatl will tell this Commission is that the document that you have before you as a draft, not to be taken action today, of course, but the document you have before you as a draft is basically a compilation of the existing regulations with no regulatory changes, other than a condensation and clarification of the regulations as they are today. Now, this is not presented to you as a final product. This is presented to you for your review in terms of form and content. And what we expect to do with you as part of a second round is to meet with each of you individually, go over the regulations more in detail, and especially seek your advice and your input in terms of what regulations may or may not be changed in your respective districts as appropriate. So this is just step one to get the document before you, to have you look at it, and we'll be back with you to study it further. Commissioner Sarnoff. Let me put it -- Chair Gort: Yeah. Commissioner Sarnofll let me kind of -- I been working on this for three years. I think Francisco said it about 98 percent right. I think candidly we might have done one thing to tweak something downtown ifI remember correctly, 'cause Jose Goyanes wanted a distance requirement to be shortened in downtown. Other than that, it was intended to maintain the statusquoante, so why even go through this exercise? Our alcohol ordinance euphemistically was in -- section here, section over here, a little bit over here, a little bit over there -- it was about 38 to 39 pages long. We got it down to I think 12, 12 pages. We even at one time had it City of Miami Page 89 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 down to two pages, and somebody said "No, you got to put a little more words in there." Why do this? Why go through this exercise? Ifyou don't know this already, there are maybe two people or three people that claim they're an expert in this regulation in the City ofMiami, and you probably know their names. The idea behind it is make it as simple as possible so that you either don't have to hire a lawyer or you hire a more garden variety lawyer, and you get a better explanation. And as Commissioner Carollo would say, "I can read 12 pages. If they're all right there, I can figure out where I am." But ifI have to go from section this to section that to section over there to the appendix over here, it's a very difficult read; the intention of which was to simplin, things. Now, if any Commissioner wants to improve things either in their district or citywide, you sort of have the blueprint in which to do so. I'm not bringing it up tomorrow. My hope is sometime in the fall, everybody will have had time to have read this and met with Francisco and say, "Well, I think the CBD (Commercial Business District) should be here," or "I think in my district, I want to have more," or "I want to have less"; it really was to maintain the statusquoante to be a hundred percent accurate. I think we made a tweak for Jose Goyanes in the draft for closing the distance so that there could be more bars or establishments serving alcohol like on Flagler. That's all I want to say. Chair Gort: What I would like to see is the compliance. Commissioner Sarnoff. Well, yeah. Well -- Chair Gort: That's what I want to see. Commissioner Sarnoff. But once you have a simplified document -- Chair Gort: Right. Commissioner Sarnoff. -- compliance becomes much easier for your Code Enforcement officer who says, "No, regular page 8, there it is." Chair Gort: Okay. Commissioner Sarnoff. All right. Mr. Garcia: Thankyou, sir. Chair Gort: Thankyou. DI.3 DISCUSSION ITEM 14-00424 City Manager's Office TO BE WITHDRAWN BY THE ADMINISTRATION DI.4 14-00580 DISCUSSION REGARDING A CHARTER AMENDMENT RELATED TO SECTION 36, CIVIL SERVICE. 14-00424 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon DISCUSSION ITEM City ofMiami Page 90 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 District 2- Commissioner Marc David Sarnoff DISCUSSION REGARDING WHERE AND HOW THE CITY OF MIAMI RECEIVES TIME FRAMES FOR THE COMMENCEMENT OF REMEDIATION AND OPENING OF CONTAMINATED PARKS. 14-00580 E-Mail - Discussion Item.pdf 14-00580-Submittal-Mark Spanioli.pdf DISCUSSED Chair Gort: You got a motion to adjourn? ToddB. Hannon (City Clerk): Chair -- Commissioner Sarnoff. There's one last thing and, it's contaminated parks, andl know -- I feel good for you, Mr. Chair; you got a good part of one of your parks opened. I am still under construction in Blanche Park. I'm still under construction or -- no -- I wish I were under construction in Merry Christmas Park, and I happen to have Douglas Park that I think everyone knows is a very large park. I'm bringing -- I'm going to bring this up because I need a strategy, andl need some help, and I'm just going to put a little -- Chair Gort: Let me tell you my strategy. Commissioner Sarnoff. -- light on it. Chair Gort: I got my County Commissioners, both of them, two different parks, two different locations, andl sat down with DERM (Department of Environmental Resource Management), I sat down with them, and we worked out solutions. Commissioner Sarnoff. Okay. Chair Gort: And finally, we got Curtis Park opened. The CIP (Capital Improvements Program) came up with the remediation project, presented it to them, and we made sure that the County Commission told the staff "Let's expedite this, 'cause the summer's here. We need to put the kids in the parks." We got a lot of parks, summer programs in our parks, which is very important, keeping the kids out of the street. Commissioner Sarnoff. Well, Douglas Park, Mr. Chair and Commissioner Carollo, you know, being the gringo Commissioner for primarily a Latino district is not always the easiest thing. I -- the only strategy I have -- well, one of the strategies we have is literally to go into the CDBG (Community Development Block Grant) to help using program -- I hope I'm using the right expression -- pro -- I think it's -- I'm sorry -- Section 108 funding, which has an interest rate that -- I think it's .5 percent or it's some great interest rate, and that is -- if you don't know Douglas Park -- andl think Commissioner Carollo knows it well -- it was where we dumped ash. I mean there's probably not a square inch of this place that doesn't have contamination. Unlike you, Commissioner Gort, I probably don't have an opportunity to open a section of a park, although we actually said "Why don't we just open up the exercise section; we'll put the fence right next to it, " just so some folks can get out in the summer and do something, and we may be able to employ that strategy. I guess that's up to CIP and DERM. I'm actually foretelling -- or what was it somebody said, 'foreshadowing"? I think we're going to have a 108 issue come before this Commission, and hopefully, you could be supportive of it, because I want to get Douglas moving. Douglas is 10.5 acres. I will bet you nine acres of those are contaminated; not through any fault of ours. I'm not casting aspersion on any of us. This is 1940s thinking, you know, that happened in the '40s, but Douglas Park probably doesn't have an acre that's not contaminated of its 10 acres. And the only thing I'd say, Merry Christmas Park, are we getting ready to go? Mark Spanioli: Yes, Commissioner. Good afternoon. Mark Spanioli, director of Capital City of Miami Page 91 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Improvements. Merry Christmas, we are getting ready to go. We -- the only thing pending there is the air sampling plan and the health and safety plan approval from DERM. We have our contractor's estimates wrapping up, and we should be in there by the end of July so -- Chair Gort: A lot of this is a procedure from the fertilizers that we use. Commissioner Sarnoff. You know, I don't know about Merry Christmas. I don't know that -- I don't know enough about the contamination. Chair Gort: They bought a new red clay to the park, and the red clay they brought in was contaminated according to them. Commissioner Sarnoff. And then I have a park on Grand Avenue that everybody seems to say, `I don't know what the status of that is." I can't have that answer anymore. Mr. Spanioli: Well, Commissioners, I'm happy to pass out the status report for all the environmental parks. I do have a very simple summary chart that outlines where we are, the expected dates for the remediation in all the parks and all the districts that are affected, and the estimated cleanup cost at all those parks for the ones that are still in the estimating phase and were not under construction, like at Blanche. I'll pass that out now. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Yes. I would like the director definitely to pass it out. And Commissioner Sarnoff, I would like to have this or continue this discussion item at the next meeting where I definitely will have a lot more to say, but I'm going to hold my comments right now until the next meeting, so if we could possibly have this discussion item continued at the next meeting, and it doesn't need to be a continuance. I just want to be able to speak about this some more and see all of our options. Commissioner Sarnoff. Okay. I just -- again, thank you for this, Mr. CIP director, and -- Mr. Spanioli: We're happy to give regular updates at the Commission meetings. I know it's an important issue. It's -- we have been working very diligently on all the parks. Blanche Park, as an example, is under remediation construction right now. I think our efforts have been spectacular. We -- from time of discovery of the contamination to when we actually complete the remediation will be under a year's time. The County is taking two year plus to do the same type of work in their parks, so I think we're working as quickly as possible. Chair Gort: Once again, whenever we can help let us know. Mr. Spanioli: Thankyou. Chair Gort: 'Cause you know we can help. Mr. Spanioli: You have been very helpful actually. Thankyou. Commissioner Sarnoff. Thank you, Mr. Chair. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS City of Miami Page 92 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Planning Director had some deferrals or -- Barnaby Min (Deputy City Attorney): Mr. Chair, if you're going to defer the Planning and Zone -- or certain Planning & Zoning items, you want me to go ahead and read the -- what needs to be read for the PZ (Planning & Zoning)? Chair Gort: Yes. Mr. Min: We will now begin the Planning & Zoning items. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is 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 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application requesting the City Commission, if the applicant agrees, with the staff recommendation and no one from the audience wishes to speak for or against the item. They may also waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes, unless modified by the Chair. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Mr. Clerk. My understanding, we open it up, because I understand there was a couple of items that want to be deferred, continued to some other time so people will not sit here all afternoon waiting to be heard. Todd B. Hannon (City Clerk): Mr. Manager, do you know which items are to be continued, deferred, et cetera? Daniell Alfonso (City Manager): For Planning & Zoning, we're trying to get that information to you right now. Chair Gort: At this time we have a request from one of the attorneys. Yes, sir. Gilberto Pastoriza: Mr. Chairman, Gilberto Pastoriza, 2525 Ponce. PZ. 6 and PZ.7, we are working with your Legal Department on the finalizing a covenant that we're submitting as part of that application. We should be able to, you know, wrap it up within a week or so. So if we can have this -- these two items deferred to your next -- your July hearing, I would appreciate it. Chair Gort: Okay, the -- there's a request to be moved to the next meeting. And what else do you have? Francisco Garcia (Director, Planning): Yes, sir. And as pertains to that request, we're certainly recommending favorably for your consideration. In addition, I have two additional items that I wanted to bring to your attention we're going to take, in this particular case, administrative action on, and I'll advise you of what that is, but will likely have to say this again on the record down the line, because I understand one of the two items affected his schedule for a time certain that has not yet occurred. So items PZ.12 and PZ.13, both before you on appeal of PZAB (Planning Zoning & Appeals Board) denials of exceptions are going to have to be remanded to the Planning Zoning and Appeals Board, because the analysis performed on these two applications was presumably flawed. I say "presumably"; we have to vet it. We have to check City ofMiami Page 93 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 whether it was or not. But certainly, we cannot present to you right now that the analysis is complete, and for that reason, we need additional time to vet it. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Okay. Yes, sir. Vice Chair Hardemon: In reference to PZ.12 and 13, so does that mean that the PZAB hearing was -- when you say ` flawed, " that their -- that the result that they came to -- the opinion that they came to is basically null and void? Mr. Garcia: I'll explain further, sir. Thank you for the opportunity. As it turns out, the regulations that apply to these uses, preschools in particular, some are set forth by the City of Miami on its own through its Zoning Ordinance. Some additional regulations are set forth by the County in its Code. We were mistakenly, as it turns out, under the impression that County licensing would account for County regulations and City licensing accounts for City regulations. As it turns out, the County does not conduct independent licensure of these uses; they defer that to the City. But in conducting the review for these applications, we failed to take into consideration the County's regulations. Now, we don't know whether the City's regulations are stricter, less strict, or equally strict, right? But we do have to vet that to make sure that we do not run afoul of any applicable regulations. We would not want to permit -- either result of this meeting would be to permit these uses and find afterwards that they are permitted in a legal fashion, essentially. So what we will have to do at staff level is to reconduct an analysis of the two applications, PZs 12 and 13. If we find that our recommendation is affected in any way or our findings are affected in any way by this research, we will then have to refer it back to the PZAB, and that may or may not result in additional appeals that will be brought to this board. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: So, if no change is made, then I still would expect to see this before the Commission on an appeal, the existing appeal? Mr. Garcia: That is correct. Chair Gort: Okay. Do I have a motion? Vice Chair Hardemon: So moved. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you, 'cause PZ.13's in my district, and know that the members of the community were expecting there to be a hearing today, so I'm just asking the Administration to do anything that they can between now and the expected time -- I think they were told it would be sometime after 5 -- to inform people in the community that it's not going to be heard today and the reason why it's not going to be heard today. You know, I just want to -- you know, I understand people take time out of their schedule to be here, and when they have an expectation to be here, you know, I just want to make sure that they're not waiting, as sometimes people are waiting for hours in the audience and then, you know, are told that their item is not going to be heard, and that's very disappointing. So thank you. Chair Gort: Yes. Yes, sir. City of Miami Page 94 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Vice Chair Hardemon: So with that being said, can we put some type of notice at least on the glass door so that when people walk up into the Commission, they can see that it's been -- what we call it -- remanded. So this -- so the -- to be clear with the motion, one, I move that we defer PZ. 6 and PZ.7 and remand PZs 12 and 13 back to the Planning and Zoning Board. Mr. Garcia: I'd like to chime in and say that it may be more technically accurate for the City to take administrative action to simply withdraw them from your consideration today, because at this point in time, I cannot tell you yet whether they will actually have to go back to the PZAB. It could be that the analysis holds true, or they are ready to come back to you again. What I would like to tell you preliminarily, though, is that we will do our best, in due deference to the applicants, of course, to have the matters, if they need to come back to you, to you by July 24, which I believe is the next P&Z meeting. But again, in terms of withdrawing them from consideration today, that should be an administrative action, because we really cannot proceed in good faith ahead knowing that it may be flawed. Chair Gort: Do you need a motion from us? Mr. Hannon: Excuse me, Chair. Chair Gort: Yes. Mr. Hannon: Sorry, Mr. Planning Director. Rather than withdrawing the item -- 'cause in our legislative system, we would show the item as withdrawn, and you would have to bring it back as an entirely new file ID (identification). We could continue the item to the July 24 Commission meeting, and that way, you wouldn't have re -- no. Mr. Garcia: Right. We don't have enough information yet to say that. What we will do is undertake any administrative action possible to bring it back to the City Commission at that point in time. We will have to go through all the processes that we normally would go through. Mr. Hannon: No, thank you for that clarification. Mr. Garcia: Action would have to be taken, though, on the two P&Z items represented by Mr. Pastoriza. Mr. Hannon: And with withdrawals as well. Vice Chair Hardemon: So is a "withdrawal" fair or is it "table" fair? Because if you table it, just take it -- Mr. Hannon: Well, it's my understanding as to what's going to happen with items PZ 6 and 7 is that they're going to be continued to the July 24 Planning & Zoning Commission meeting, so Items PZ. 6 and 7 are to be continued. And then items PZ. 12 and 13 are going to be withdrawn from the Commission agenda completely. Mr. Garcia: That is correct. Chair Gort: Okay. Does the maker of the motion --? Vice Chair Hardemon: I accept it. Chair Gort: Okay. Commissioner Suarez: Second it. City of Miami Page 95 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Garcia: Thankyou. Chair Gort: Thankyou. Mr. Pastoriza: Thank you. Chair Gort: And the reason we do this, because we don't want people to sit here all afternoon, then know that the case is not going to be heard. Later... Chair Gort: Okay, before we go to the PZ, will you swear in the individuals, please? Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Later... Later... Chair Gort: DI. 2. Commissioner Sarnoff. Is that the alcohol ordinance? Chair Gort: Alcohol, yes. Commissioner Sarnoff. It's a pretty big discussion, Mr. Chair. Chair Gort: Okay. Commissioner Sarnoff. Couldl -- Chair Gort: I'm sorry. Let me interrupt you for a minute. My understanding, there's individuals here that were here for PZ zoning. Could you explain it to them, please? Mr. Garcia: Yes, sir. Thank you. For the record, Francisco Garcia, Planning & Zoning director. I am going to be addressing you regarding PZ.13, and am going to do so for the benefit of those who are here for what was actually scheduled for a time certain of 5 o'clock. Both the applicant and her attorneys are here, as well as some concerned nearby property owners and neighbors. As I advised you earlier, we have administratively withdrawn item PZ.13. We did the same with item PZ.12. They were both before you as applications -- rather, as appeals of Planning Zoning and Appeals Board's denials of request for exceptions for preschools. We are taking this administrative action to withdraw them because we have been made aware that Miami -Dade County has additional regulations that we, the City, are charged City of Miami Page 96 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 with checking against. We were mistakenly under the impression that those regulations were checked against by the County under separate licenses; that is not the case. It is the City's responsibility to check against these regulations and apply them as part of our analysis and our recommendations to the Planning, Zoning andAppeals Board for their decision. That was not done in either one of these two cases. For that reason, we have withdrawn them. We are going to re -review them, reanalyze them, and present them again to the Planning, Zoning andAppeals Board at their hearing, which is the next available hearing of July 16. At that point in time then, the Planning, Zoning andAppeals Board will act again on these two exception requests, and of course, the applicants reserve all rights to appeal, as they see fit to do so, or any abutting property owners or neighbors have the right to appeal as well if they are not satisfied with the outcome. I wanted to present that to you once again. I understand that some of the people who have come for this particular hearing may want to express or share some concerns with you. If that's the case, it's your prerogative to hear them. Thank you. Chair Gort: Look, I'll give you two minutes. We've been here since very early in the morning. My understanding is, legally, we cannot hear it and as it was stated by the Planning Department director. Christopher Spuches: Thank you, chairman. Christopher Spuches, Ehrenstein Charbonneau Calderin, on behalf of the applicant. We applied for an exception. I think it was back in January. We had a hearing in front of the Planning, Zoning and Appeals Board in March. We had another hearing in April. Chair Gort: Right. Mr. Spuches: The Planning Department already reviewed and approved the application. We're not the first preschool that has ever applied for an exception. There's another one on the agenda today. Andl imagine you've heard these many, many times. How now, coincidentally, hours before our hearing, all of a sudden the City has discovered that they've been reviewing these wrong? How is that possible? Chair Gort: Well, I'll let him explain it to you, okay? Mr. Spuches: Mr. Chairman, it's been explained to me. It's just -- I suppose, after all the time and money we've spent on it, we're just incredulous that the City, after two hearings an appeal, a supplemental appeal, that they didn't understand that they had -- And by the way, in Article 7, it says nothing about County review. It specifically says, under Article 7 that "They shall be reviewed for compliance with the regulations of this Code," and they've already reviewed it under this Code, and we comply fully. So I don't understand why, all of a sudden, now they're interpreting this document, which is written very clearly, differently. Andl want to state my objection for the record. Chair Gort: Okay, thank you. Maria Sardina Mann: Chairman Gort, Commissioners, hi. My name is Beba Sardina Mann. I am the president of Silver Bluff Homeowners Association. I'm not going to argue his points or anything like that, 'cause that's not what I'm here for. But I did want to make it a point of letting the Planning Department know that I have yet to receive notification. I did receive something in the mail on Friday, a certified mail. I still have not received it. I signed for it. The Post Office left it. I think that sending the registered mail four days before a hearing is way too short of a time. A lot of the neighbors told me that for the PAZ -- PZAB items, they received all of their notices after the hearing took place. So these notices are going out late. A lot of people work, so they have to leave the signature -- a little card in the mailbox. Sometimes the mailman forgets to take them; sometimes he doesn't. But if you have a hearing four days before and this is going own, which is my case, we don't get notification. So I just wanted to bring that to the record. City of Miami Page 97 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Thank you. Chair Gort: Thank you, ma'am. What is the requirement -- excuse me -- of the days required for the mail out? Mr. Garcia: The -- I'm going to ask our chief of Hearing Boards to stand by and advise, but she's telling me 10 days. Now, I can -- I assure you, beyond the shadow of a doubt, that those days, as specified in our City Code, are complied with meticulously and religiously by your Planning & Zoning Department. We've received similar complaints in the past. We've investigated them and -- without a fault, and we're actually -- is demonstrably so the case that we mail them out in a timely basis. This is not the first time we hear that some have not been received, and we're happy to account to you as to why that may be, but we certainly comply. Chair Gort: Are these certified letters? Mr. Garcia: Absolutely. Chair Gort: In other words, are those certified letters record when the letters went out? Mr. Garcia: As they must be. Chair Gort: Okay. All right. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I recently saw this firsthand, andl believe Ms. Mann is correct. It was on the issue of the new park, and saw exactly when the letters were being received, and it was just a few days before -- a couple of days before the actual hearing. And at the same time, like Ms. Mann said, yes, if you're not there to sign for it, they leave you a notice where you have to go to the post office and get the letter and so forth. And what's happening is that a lot of people are working, and by the time they go and actually get the letter, the day is actually passed or it's the same day as the hearing. So I don't know how we can account for when we're actually mailing them out, but it has been an issue. I don't know how to account for it. Chair Gort: Let me give you a suggestion. My understanding is the Code requires to be certified letters. Mr. Garcia: Right. Chair Gort: Why don't we request certified letters and regular letters? And also, I understanding we post signs in the neighborhoods. Commissioner Carollo: And when they're certified letters, aren't they stamped by the post office? Chair Gort: Yes. But what happens -- yes, but you stated a little while ago -- because sometimes I receive it. I don't have time to go pick them up, so I put them in the mailbox and that takes forever and the mailman doesn't pick it up. It would run late. Commissioner Carollo: Right. But what I'm saying, certified mail, don't we have a receive [sic] of when we actually sent them? Chair Gort: Yes. City of Miami Page 98 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PZ.1 05-00410sc Mr. Garcia: Absolutely. Chair Gort: Yes. Mr. Garcia: Which is why I'm committing to you that is it demonstrably so that we send them out on a timely manner. So the only solution really that -- and we've given this thought. The only solution is for the City to take on the extra expense -- which we can actually pass onto the applicants -- to charge them both for certified return receipt -- Chair Gort: And regular mail. Mr. Garcia: -- and regular mail. In that way, we try to tackle it both ways. Chair Gort: Today's computers, you can do it really fast, no problem. Mr. Garcia: We have no trouble printing them out. Chair Gort: Double letters. Okay. Mr. Garcia: Right. We -- there's just some additional expense that we'd have to pass onto the applicants, but that's fine. Chair Gort: Thankyou. Mr. Garcia: We'll look into that, absolutely. Chair Gort: Thankyou all, andl apologize once again, but this was brought up to us as information. You, as an attorney, knows if we take -- Administration tells us that there's a problem, legal problem with this, and we listen to anything, you could be getting sued again, you're going to be taken to court; it's going to take forever, whatever, whatever, okay? So thank you for being here. I appreciate it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHWEST 15TH AVENUE LOCATED BETWEEN NORTHWEST NORTH RIVER DRIVE AND THE MIAMI RIVER, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". 05-00410sc Fact Sheet.pdf 05-00410scAnalysis, Maps & PZAB Reso.pdf 05-00410scApplication & Supporting Docs.pdf 05-00410sc Legislation. pdf LOCATION: Approximately NW 15th Avenue between North River Drive and the Miami River [Commissioner Wifredo Gort - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of River Landing Development, LLC FINDING(S): City of Miami Page 99 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on January 2, 2014 by a vote of 6-0 conditioned upon compliance with the River Landing Special Area Plan. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 7, 2014 by a vote of 8-0. PURPOSE: This will unify the property along the Miami River to enable the development of "River Landing" in accordance with the adopted Special Area Plan. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0245 Chair Gort: PZ. 1. Mr. Garcia, PZ.1. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. By way of introduction, Item PZ.1 is a proposal before you as a resolution. Chair Gort: Wait, wait, wait, we don't have a quorum. Okay, we have quorum. Go ahead. Commissioner Suarez: Do we? Mr. Garcia: Thank you, sir. Item PZ.1 is before you today as a resolution. This is a proposal for a street closure at an address approximately Northwest 15th Avenue between North River Drive and the Miami River. This is associated with a special area plan that was approved last year by this Commission for the development of a project known as River Landing. The proposed alley closure -- or street closure rather -- has been reviewed and approved by the Planning Department, and also by the Public Works Department, and also reviewed and recommended for approval by the Planning, Zoning & Appeals Board. I'll yield to the applicant and answer any questions you may have. Thank you. Ben Fernandez: Thankyou. Chair Gort: Thankyou. Go ahead, sir. Mr. Fernandez: Good afternoon, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of River Landing Development, T,T C (Limited Liability Corporation), the property owner and the applicant. We're here before you requesting a vacation of the right-of-way of Croton Road. This is a special area plan that was approved last year. It is a truly transformative project. The property was up -zoned to T6-24 to allow a mixed use vertical development. It's going to create over 2, 000 jobs, temporary jobs; a thousand permanent jobs. It is -- however, one of the development requirements is that the parcels be unified into one development tract. They're presently bisected by Croton Road, which is a dead-end street that doesn't provide any sort of meaningful access to the river. This plan is going to provide new access points to the river walk, and so we believe that the vacation of this right-of-way is the public benefit and meets all the criteria of Chapter 55 of your City Code. We're here to answer any questions that you have. City of Miami Page 100 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Thankyou, sir. Is there anyone -- this is a public hearing. Is there anyone in PZ.1 would like to address this issue; anyone? Seeing none, showing none, close the public hearing. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Commissioner Suarez: Question. Chair Gort: Question. Commissioner Suarez: Yeah, I -- just sort of like a -- just a technical question. I'm just wondering why we didn't do this in the SAP (Special Area Plan); is there any particular reason? Mr. Fernandez: It's a good question, because the property needed to be re platted in order to obtain this approval. Commissioner Suarez: Right. Mr. Fernandez: So that's a subsequent approval, and that's why we're here now. Commissioner Suarez: I got it. That's it. Just wanted -- just curious. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Thankyou. PZ.2 RESOLUTION 14-00331 ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN SOUTH MIAMI AVENUE AND BRICKELLAVENUE, AND BETWEEN SOUTHEAST 13TH STREET AND SOUTHEAST 14TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A. 14-00331ac Fact Sheet.pdf 14-00331 ac Analysis, Maps & PZAB Reso.pdf 14-00331acApplication & Supporting Docs.pdf 14-00331ac Legislation.pdf LOCATION: Approximately between S Miami Avenue and Brickell Avenue, and between SE 13th Street and SE 14th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Joan Carlos Wizel, Esquire, on behalf of Pacific National Bank and Iris Escarra, Esquire, on behalf of Tigervest N.V. City of Miami Page 101 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: At a special meeting pursuant to Section 55-7(d)(2) on April 12, 2014 of a committee composed of the Directors, or their designees, of the departments of Fire -Rescue, Building, Planning, Police, Public Works, General Services Administration, Solid Waste and the Office of Zoning, the committee recommended approval by a vote of 5-3 subject to the granting of an access/utility easement, by separate instrument, on the footprint of the former alley with any development of the proposed tracts coordinated to avoid creating a "dead end" access. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 7, 2014 by a vote of 5-3. PURPOSE: This will discourage "cut through" vehicular traffic and will unify the property into larger, contiguous tracts to improve the redevelopment potential for the site. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0246 Chair Gort: PZ. 2. Francisco Garcia (Director, Planning & Zoning): Item PZ. 2 is also before you as a resolution. This is a proposed alley closure for a property on the Brickell Avenue corridor, approximately between Southeast 13th Street and Southeast 14th Street, so parallel to the Brickell Avenue corridor. The result of this alley closure or proposed alley closure is to yield a unified development site -- actually two unified development sites as the two are presently bisected by the alley. This has been reviewed and recommended for approval by your Planning & Zoning Department, also by your Public Works Department, and it was reviewed and recommended for approval by the Planning, Zoning & Appeals Board by a unanimous vote. I yield to the applicant and answer any questions you may have. Chair Gort: Thankyou. Yes, ma'am. Iris Escarra: Good afternoon, Chairman, Commissioners. Iris Escarra and Lucia Dougherty, on behalf of Tigervest, and Monica McNulty from Lydecker-Diaz, on behalf of Pacific National Bank. This is actually a site that most of you are probably familiar with. Fortune Realty has been a tenant on the Tigervest property for many years. The owners have owned the property since about 1967. The site is actually -- was the subject of an alley closure in 1987 which obtained a resolution in order to close and vacate the alley. However, unfortunately, the platting process was never completed in order to effectuate the alley closure; therefore, the alley still remains open as a platted alley. But interestingly enough, the Miami -Dade Property Appraiser didn't get the memo that the plat was never finalized. So since 1987, our landowners have been paying taxes on this alley that is really a public platted alley. So as such, I would like to turn it over to Monica to put a few points into the record. We agree with the City's conditions with regards to the alley closure, and we're here to make a full presentation and answer any questions you may have. Chair Gort: Thankyou. City of Miami Page 102 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Monica McNulty: Good afternoon. My name is Monica McNulty from Lydecker-Diaz, representing Pacific National Bank. I'd like to thank you for the opportunity to be here with you today to discuss the alley closure. Like Iris said, this alley was established by plat in 1909, and on the building that's currently constructed on it, the bank's building was built in 1966; it's a five floor structure. As she said, the -- we went through this process in the late '80s, and the alley was actually closed at that time, but it was never recorded. So since that time, the property owners have been paying taxes on the land as though they have owned it. Yeah, as we -- as Iris said, we believe it's fully compliant with Chapter 55, and we are able to walk you through all of the photos we brought here showing the alleyway and depicting it if you have any questions. So please let us know. Chair Gort: Thank you. So my understanding is you been paying taxes on this alley although it was not given to you. Ms. Escarra: Correct. Ms. McNulty: Yes. Chair Gort: Okay. This is a public hearing. Anyone who would like to address PZ.2; is anyone? Seeing none, showing none. Commissioner Sarnoff. You guys aren't asking for a rebate, are you? 'Cause I can't move it if you're asking for a rebate. Commissioner Suarez: I love that. Ms. McNulty: That's actually our public purpose. Commissioner Sarnoff. There you go. Commissioner Suarez: I love that alley. No, I'm just kidding. Commissioner Sarnoff. I'll make a motion, Mr. Chair. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. Any further discussion, question? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. McNulty: Thank you very much. Commissioner Suarez: Have a good day, guys. PZ.3 RESOLUTION 14-00055ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN BIRD AVENUE AND PEACOCK AVENUE FROM SOUTHWEST 37TH COURT TO APPROXIMATELY 152 FEET EAST OF SOUTHWEST 37TH COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A. City of Miami Page 103 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 14-00055ac Fact Sheet.pdf 14-00055acAnalysis, Maps & Supporting Docs.pdf 14-00055ac Application & Supporting Docs.pdf 14-00055ac Legislation.pdf LOCATION: Approximately between Bird Avenue and Peacock Avenue from SW 37th Court to Approximately 152 feet east of SW 37th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, Authorized Legal Representative, on behalf of TREO Douglas Station, LLC, a Florida Limited Liability Company FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on March 6, 2014 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 7, 2014 by a vote of 8-0. PURPOSE: This will unify the block to enable development of a new residential building. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, 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-14-0247 Chair Gort: PZ.3. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.3 is the third and last alley closure before you today. This is also before you by way of resolution, and this is for a property in the BirdAvenue corridor between Bird Road -- sorry -- BirdAvenue at this juncture and Peacock Avenue from Southwest 36th Court to approximately 152 feet east of Southwest 37th Court. This proposal has also been reviewed and recommended for approval by the Plat and Street Committee, by your Planning & Zoning Department, and by the Planning, Zoning & Appeals Board. I will yield to the applicant and answer any questions you may have. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: Okay, it's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any -- it's an open hearing. Anyone would like to address this, PZ.3? Showing none, seeing none, close the public hearings. Further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. City of Miami Page 104 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Great presentation. Thank you. Ines Marrero-Priegues: I love those. Commissioner Sarnoff. You know the best part of being a lawyer? You get to have it; either way, it's a win. Ms. Marrero-Priegues: The client's here; they're happy. Commissioner Sarnoff. And your client thinks that was just an eloquent speech. Ms. Marrero-Priegues: Thank you. PZ.4 ORDINANCE 13-00573Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 400, 408 & 440 NORTHWEST 36TH COURT, A PORTION OF 460 NORTHWEST 36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-005731u SR Fact Sheet.pdf 13-005731u Analysis, Maps, PZAB Reso.pdf 13-00573Iu Application & Supporting Docs.pdf 13-005731u Legislation (v2) 13-005731u Exhibit.pdf LOCATION: Approximately 400, 408 & 440 NW 36th Court, a Portion of 460 NW 36th Court and a Portion of 427 NW 37th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of West Flagler Associates, Ltd. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 13-00573zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 9-0. See companion File ID 13-00573zc. PURPOSE: This will change the above properties from "Duplex Residential" to "Restricted Commercial". City of Miami Page 105 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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: PZ.4. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.4 and PZ.5 are companion items. These are before you as first reading for an ordinance, and they are for a land use change and a zoning change for properties at approximately 400 Northwest 36th Court. The proposed zoning change is for -- from T3-O I should have said to T4-O -- and as you note on your backup material, the Planning & Zoning Department's recommendation is for denial for these proposals. However, in conversation with the applicant and as a result of various meetings, we have come to an agreement that T4-L as opposed to T4-O is a desirable zoning designation for the applicant, and low density restricted commercial as opposed to general commercial is a desirable land use for the subject property. I believe the applicants are satisfied with those results, and we would recommend approval of that zoning designation and land use designation. That is concurrent with the recommendation for approval by the Planning, Zoning & Appeals Board, and for that reason, we submit it to you as a recommendation for approval and would remain available to answer any questions you may have. Chair Gort: Okay, this is an ordinance, and anyone in PZ.4 would like to come forward and address this issue; anyone for PZ.4? Seeing none, hearing none, close the public hearings. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, it's 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.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. PZ.5 ORDINANCE 13-00573zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 400, 408 AND 440 NORTHWEST 36TH COURT, A PORTION OF 460 NORTHWEST 36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 106 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 13-00573zc SR Fact Sheet.pdf 13-00573zcAnalysis, Maps & PZAB Reso.pdf 13-00573zc Application & Supporting Docs.pdf 13-00573zc Legislation (v3).pdf 13-00573zc Exhibit LOCATION: Approximately 400, 408 & 440 NW 36th Court, a Portion of 460 NW 36th Court and a Portion of 427 NW 37th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of West Flagler Associates, Ltd. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-005731u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by vote of 9-0. See companion File ID 13-005731u. PURPOSE: This will change the above properties from "T3-O" to "T4-L". Item does not include a covenant. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Commissioner Suarez: Move PZ.5, move PZ.5. Commissioner Sarnoff. Second. Chair Gort: PZ.5 being moved, this is a public hearing. Is anyone in the public would like to address -- to speak on this issue? Seeing none, hearing none, close the public hearing. Any further discussion? Being none, it's 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.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended. PZ.6 ORDINANCE 13-01259Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET, City of Miami Page 107 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-012591u FR Fact Sheet.pdf 13-01259Iu Analysis, Maps & PZAB Reso.pdf 13-01259lu Application & Supporting Docs.pdf 13-012591u Legislation (v2) 13-012591u Exhibit LOCATION: Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71st Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC and 7120 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-01259zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 10-0. See companion File ID 13-01259zc. PURPOSE: This will change the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ. 6 was continued to the July 24, 2014 Planning and Zoning Commission Meeting. PZ.7 ORDINANCE First Reading 13-01259zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71 ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-01259zc FR Fact Sheet.pdf 13-01259zcAnalysis, Maps & PZAB Reso.pdf 13-01259zcApplication & Supporting Docs.pdf 13-01259zc Legislation (v2) 13-01259zc Exhibit LOCATION: Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71st Street [Commissioner Keon Hardemon - District 5] City of Miami Page 108 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC and 7120 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-012591u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 10-0. See companion File ID 13-012591u. PURPOSE: This will change the above properties from "T3-L" to "T4-L". Item includes a Restrictive Covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.7 was continued to the July 24, 2014 Planning and Zoning Commission Meeting. PZ.8 ORDINANCE First Reading 04-00329Iu 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 2110, 2118 AND 2134 NORTH MIAMI AVENUE AND 2101, 2129 AND 2135 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-003291u SR Fact Sheet.pdf 04-003291u Analysis, Maps, PZAB Reso.pdf 04-003291u Application & Supporting Docs.pdf 04-003291u Legislation (v2) 04-003291u Exhibit LOCATION: Approximately 2110, 2118 & 2134 N Miami Avenue and 2101, 2129 & 2135 NW Miami Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Miami Town Center Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 04-00329zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 9-1. See companion File ID 04-00329zc. City of Miami Page 109 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PURPOSE: This will change the above properties from "Light Industrial" to "General Commercial". Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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: PZ.6. Unidentified Speaker: Thank you very much. Francisco Garcia (Director, Planning & Zoning): Items PZ. 6 and PZ.7 were continued, Mr. Chairman. We're ready for PZ.8. Chair Gort: PZ.8. Mr. Garcia: Thank you, sir. Item PZ.8 and PZ.9 are companion items. These are a land use change and a zoning change respectively for properties at approximately 2110 North Miami Avenue. The proposal contained therein is from DI to T6-8-O in terms of zoning, and from general commercial to -- rather from light industrial to general commercial in terms of the land use. This is before you, Commissioners, as -- if memory serves -- the fourth zoning change in the Wynwood area. I would like to make mention of the fact that the Wynwood area is presently undergoing a transition from its formerly mostly industrial character to a newly encouraged mixed use development, including residential. A significant effort has been undertaken by the Wynwood BID (Business Improvement District), by many of the involved property owners in the area, and your Planning & Zoning Department to basically master plan the whole area and set forth a new set of zoning designations that we believe will certainly foster the redevelopment of the district, of the Wynwood District. So I would ask you to see this particular application as part and parcel of that grander vision and to consider it in that context. You will note in your record that our staff recommendation is for denial. That is the case because on a stand-alone basis, this is an isolated rezoning. However, I want to proffer for the record that once the master plan is approved -- and we will be proposing that master plan for your consideration we expect at the latest by the month of September -- then this particular property will be enmeshed in a very coherent zoning across the board within the Wynwood District, and for that reason, we encourage you to consider it positively. The Planning, Zoning & Appeals Board has considered this item as well, and they are recommending approval; with that said, I'm happy to answer any questions you may have. Chair Gort: Thank you. Lucia Dougherty: Good afternoon, Mr. Chair and Mr. -- and members of the Commission. Lucia Dougherty and Iris Escarra, on behalf of the owner and applicant. Joining me this afternoon is Sonny Bazbaz and his colleague, Albert Price, with the project. Commissioner, we have worked very diligently with the City Administration, the Planning staff the Wynwood BID, all of whom support this project. We also had passed out letters in support. I don't think we have any opposition. We're prepared to make a full presentation to you if that's something you would like us to do or we stand by the record. Chair Gort: Okay, let's see, let's open the public hearings and anyone in the public would like to address this issue? Tom Curitore: Good afternoon, Commissioners. Tom Curitore, executive director of the Wynwood Business Improvement District, 310 Northwest 26th Street, Number 1, Miami, Florida, City of Miami Page 110 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 33127. I am here today on behalf of the Wynwood Business Improvement District's board of directors, which represents over 400 properties in the Wynwood area to reiterate our support for this project. While in the midst of its planning study, the BID has identified the area along North Miami Avenue between Northwest 20th and Northwest 22nd Street as the southern Wynwood gateway linking Wynwood, Overtown and the Omni Arts Entertainment District. As such, the board has determined that the nature of this rezoning request is aligned with the projected outcome of the BID's planning efforts for the gateway, supported by its close proximity to FEC (Florida East Coast) Railway. The board feels that the scale of this project is appropriate for its particular location. This project will bring new economic activity, greatly needed residential and lodging opportunities, and on a whole, will advance the board's mission of promoting Wynwood as Greater Miami's epicenter for the arts, design, technology and creative businesses. I thank the Commission for your consideration of a recommendation and your historic support of Wynwood as a world class destination for the arts, culture, design and technology. Thank you. Chair Gort: Thankyou. Next. Yes, ma'am, you're recognized. Cecilia Stewart: Good afternoon. Cecilia Stewart, 1899 Northwest 1st Court. I support this project, andl'm a member of the community of Overtown. I think it would bring a great impact to our community as well as the Wynwood community, andl would ask you to please consider allowing this to be approved so that we all can have a better place to live, play and enjoy ourselves. Thankyou. Chair Gort: Thankyou, ma'am. Commissioner Sarnoff. Cecilia -- Chair Gort: Anyone else? Commissioner Sarnoff. -- that is a great outfit. I just want to go on record. Ms. Stewart: Thankyou, sir. Peter Ehrlich: Good afternoon, Mr. Chair and Commissioners. My name is Peter Ehrlich, 770 Northeast 69th Street, andl'm also speaking in favor of the application. It looks like a very interesting mixed use project, and be beneficial for the community. Just to put the site in a little bit of context, due south of the site, there is a dump site, unfortunately; it's been there since 1999. While this project is extremely attractive and very forward thinking, in a few months, you're going to be hearing some information on one of the neighbors. I hope you -- Chair Gort: You'll get the opportunity to speak on the other one when it comes by us. Let's address this issue. Mr. Ehrlich: Just foreshadowing. Thank you very much; hope you'll approve the item. Chair Gort: Thankyou. Next. Commissioner Suarez: We wouldn't expect anything less from you, Peter. Chair Gort: You're recognized. Renita Holmes: Yes, good evening. My name is Madam Holmes, Madam Renita Holmes; address, 350 Northwest 4th Street; resident of Overtown. I had a great opportunity, Commissioners, to attend the Miami Design charette in regards to -- and this is a follow-up after meeting with the guild, and Tropical Audubon and several other homeowners and tenant associations on my side. I get to go from one end to the next. The issue of creating a healthier City of Miami Page 111 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 and safer community for Overtown normally begins with a gateway that allows participation of other cultures and communities that get involved. I, too, am for it. I know their head are on straight. But then again, when we talk about the environmentals that Peter was mentioning, I can't throw up enough, because it has two benefits if we -- before -- we use the foreseeability. I know Commissioner Sarnoff does his best to do so with this. We have not quite, Commissioner Hardemon, began to get our community's residents, tenants associations and those voices who will be impacted by large projects engaged, and I'd like to be more engaged to represent that. We'll talk about it. I'll stop by your office. Butl do believe that what's about to begin is a change in the way we design and architect our future projects, and how we put a front line and hold a front line around larger projects like SkyRise that have yet to know what the impact of their design is. And I'll leave it right there, but I can tell you I'm very pleased. It's just that those that are speaking now are those that -- you should; those that were at that design charette that are accredited professionals like myself that information that we don't have to be retroactive on that project, because, honestly, I feel when this -- these merits are forwarded, we will have to talk a lot different about those who gets what, but who's going to have to deal with what later on, and safety and health. Thank you. Chair Gort: Thankyou. Yes, sir. Dave Colonna: Hi there. My name is Dave Colonna. I'm here on behalf of Soho Studios. We own and operate a property located at 2136 Northwest 1st Avenue about a block from this project, this proposed project, and just here to speak in -- on behalf of the entire company to come in favor of this project. We'd like to see it move forward. We're very happy to see anything that's going to enhance this neighborhood overall, and bringing in the type of residential project, as well as commercial that this project brings is very exciting to us, and we hope that you'll vote in favor of it. Thank you. Chair Gort: Thankyou, sir. Anyone else? Anyone else? Seeing none, hearing none, we'll close the public hearings. Questions, motions? Commissioner Suarez: Motion made. Commissioner Sarnoff Second. Commissioner Suarez: Mr. Chair. Chair Gort: Motion by -- moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Commissioner Suarez: Yeah, just a quick, quick, quick -- Chair Gort: Yes, sir. Commissioner Suarez: -- tidbit. I predict that this area is going to be the nicest area to live in the City ofMiami in the future; that's my prediction, the coolest place to live. Chair Gort: It's already taking place. Commissioner Sarnoff It's our Brooklyn. Commissioner Suarez: Huh? Commissioner Sarnoff It's our Brooklyn. Commissioner Suarez: It's going to be a really cool place to live. City ofMiami Page 112 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Chair Gort: Okay, it's an ordinance. Vice Chair Hardemon: It's about time we get something cool to live in, in District 5. Commissioner Suarez: That's right. Vice Chair Hardemon: All the cool places are somewhere else. Commissioner Suarez: They got a cool Commissioner, man; what do you expect? Commissioner Sarnoff. And it's going to be your Brooklyn. You're going to love this place. Commissioner Suarez: You're not going to be here forever, though; remember that. You got to work fast. Chair Gort: It's 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.8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. Before we call PZ.9, I think the -- we have a lot of areas in the City of Miami that were zoned industry, and that -- those areas are changing like it's happening in Wynwood, so I think request when you work on some of the one on 20th Street Northwest, but there's other areas that need to be looking into. Thank you. PZ.9 ORDINANCE First Reading 04-00329zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D1" TO "T6-8-O", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2110, 2118 AND 2134 NORTH MIAMI AVENUE AND 2101, 2129 AND 2135 NORTHWEST MIAMI COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00329zc SR Fact Sheet.pdf 04-00329zc Application & Supporting Docs.pdf 04-00329zcAnalysis, Maps, PZAB Reso.pdf 04-00329zc Legislation (v2) 04-00329zc Exhibit LOCATION: Approximately 2110, 2118 & 2134 N Miami Avenue and 2101, 2129 & 2135 NW Miami Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Miami Town Center Holdings, LLC. City of Miami Page 113 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 04-003291u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 9-1. See companion File ID 04-003291u. PURPOSE: This will change the above properties from "D-1" to "T6-8-O". Item does not include a covenant. Motion by Commissioner Sarnoff, 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: PZ.9. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Chair, is there a motion? Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. Mr. Hannon: 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. Lucia Dougherty: Thankyou very much. Chair Gort: Thankyou. Ms. Dougherty: You know, there was something interesting that I discovered in doing the research for this project. In 2000, Wynwood had 1,400 residents -- 14,000 residents; in 2010, the new census, 7,200. So it went down in terms of the number of people living there, so this will be helpful to support all the services that actually are there already for the residents, including parks and schools. Chair Gort: Thankyou. Commissioner Sarnoff. And also want to go on the record and say I've been up here eight years, and I've never seen Peter Ehrlich and you stand together. Ms. Dougherty: I know what you mean. Commissioner Suarez: Although he was foreshadowing you. Chair Gort: PZ.10. Commissioner Suarez: That was awesome. I love that. Sonny Bazbaz: Thank you, Commissioners. We appreciate your consideration. City of Miami Page 114 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Suarez: Thank you. Congrats on your creativity. Commissioner Sarnoff. What a great last name, Bazbaz, and ifI had that name, I'd be president. PZ.10 ORDINANCE First Reading 14-00411 Iu 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 PROPERTYATAPPROXIMATELY 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "CENTRAL BUSINESS DISTRICT" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT" TO "PUBLIC PARKS AND RECREATION" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-004111u SR Fact Sheet.pdf 14-004111uAnalysis, Maps, PZAB Reso.pdf 14-004111u Legislation (v2) 14-004111u Exhibit.pdf LOCATION: Approximately 104 NW 1st Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-00411zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 10-0. See companion File ID 14-00411zc. PURPOSE: This will change the above property from "Central Business District" within the "Urban Central Business District" to "Public Parks and Recreation" within the "Urban Central Business District". Motion by Commissioner Sarnoff, 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: PZ.10. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.10 and PZ.11 are companion items. They are for the change in land use and rezoning respectively of a property at 104 Northwest 1st Avenue. This is a City -owned parcel of land, and so the applicant is the Administration. This is actually to change the designation of a parcel then that is presently City of Miami Page 115 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 zoned for mixed use high density high intensity to parks and recreation. You may know it as the triangular parcel of land right south of the bifurcation of Northwest 1st Avenue into North Miami Court. And our recommendation, of course, is for approval, as was the recommendation of the Planning, Zoning & Appeals Board. Chair Gort: Okay, is there a motion? Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Suarez. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Commissioner Suarez: I always thought it was a park. No, I'm just kidding. Commissioner Sarnoff No, no, no, andl want to say this to Commissioner Hardemon, who probably doesn't spend much time in civil court, but I suspect as his reputation grows, he'll be in all courts. This is on the back side of the building; it's the triangle right there. Commissioner Suarez: Yeah. Commissioner Sarnoff And this will help Miami -Dade County actually control some of the issues they have out there by designated a park. As Commissioner Suarez would say, don't try to add park space where you already had it to begin with. Commissioner Suarez: There you go. Victoria Mendez (City Attorney): An ordinance -- Chair Gort: Yes. 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. A roll call was taken, the result of which is stated above. Mr. Hannon: The item passes on first reading, 4-0. PZ.11 ORDINANCE 14-00411 zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-80-0" URBAN CORE TRANSECT ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGA SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 116 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PZ.12 13-01454x 14-00411zc SR Fact Sheet.pdf 14-00411zcAnalysis, Maps, PZAB Reso.pdf 14-00411zc Legislation (v2) 14-00411zc Exhibit.pdf LOCATION: Approximately 104 NW 1st Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-004111u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 10-0. See companion File ID 14-004111u. PURPOSE: This will change the above property from "T6-80" Urban Core Transect Zone to "CS" Civic Space Zone. Item does not include a covenant. Motion by Commissioner Sarnoff, 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: PZ.11. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. It's a public hearing. Is anyone -- open. Seeing no one, hearing no one, close the public hearings. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Okay, gentlemen, at this time, the PZ (Planning & Zoning) items have finished I have a request for a personal presentation from Ms. Moreno and she'll be recognized at this time. Mr. Garcia: Brief remarks for -- as the lady makes her way to the microphone. As pointed out before, items PZ.12 and PZ.13 have been withdrawn -- Chair Gort: Right. Mr. Garcia: -- by the Administration. It might be prudent at 5 o'clock, which was the time certain for PZ.13, to revisit this item just for public information. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY PAULA VITALE, AFFIRMING OR City of Miami Page 117 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 PZ.13 14-00084x REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND DENYING OR GRANTING AN EXCEPTION TO ALLOW A PRE-SCHOOL IN A SUB -URBAN TRANSECT ZONE (T3-L), FOR THE PROPERTY LOCATED AT APPROXIMATELY 537 NORTHEAST 70TH STREET, MIAMI, FLORIDA. 13-01454x Fact Sheet.pdf 13-01454xAnalysis, Maps & PZAB Reso.pdf 13-01454x Appeal Letter.pdf 13-01454xApplication & Supporting Docs.pdf 13-01454x Legislation (v.3).pdf 13-01454x Legislation (v.4).pdf LOCATION: Approximately 537 NE 70th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Paula Vitale, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. *See supporting documentation. PLANNING, ZONING AND APPEALS BOARD: Denied on April 30, 2014 by a vote of 7-4. PURPOSE: This will allow a pre-school. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Please refer to Order of the Dayfor minutes referencing this item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY ELAVILA CHILD DEVELOPMENT CENTER, LLC, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND DENYING OR GRANTING AN EXCEPTION TO ALLOW A PRE-SCHOOL IN A SUB -URBAN TRANSECT ZONE (T3-R), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2475 AND 2485 SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA. 14-00084x Fact Sheet.pdf 14-00084x Analysis, Maps, PZAB Reso.pdf 14-00084x Appeal Letter. pdf 14-00084x Application & Supporting Docs.pdf 14-00084x Legislation (v.3).pdf 14-00084x Legislation (v.4).pdf LOCATION: Approximately 2475 and 2485 SW 22nd Avenue City of Miami Page 118 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 [Commissioner Francis Suarez - District 4] APPLICANT(S): Rosa Fernandez, General Operation Manager and Vice -President, on behalf of El Avila Child Development Center, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Denied on April 30, 2014 by a vote of 8-3. PURPOSE: This will allow a pre-school. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 14-00367 DISCUSSION ITEM REGARDING ADOPTED V. CITY MAINTAINED TRAFFIC City of Miami Page 119 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 D4.2 14-00444 D4.3 14-00277 CIRCLES. 14-00367 E-Mail - Discussion Item.pdf 14-00367 Back -Up Documents.pdf DISCUSSED Commissioner Suarez: And on traffic circles, you know, I presented something to the Commission where there were some bad traffic circles in my district. To the Public Works' credit, they came quickly and they fixed them up, but they're deteriorating again, and so the issue is we really need to think differently about how we do this. And I've challenged the Administration, and when I have my budget meeting with them, I'm going to challenge them this year; challenged them in the past, but I've never really voted on a budget. I know Commissioner Sarnoff has talked about voting against budgets for one specific issue that's very important. For me, beautification is an incredibly important issue. Having a clean city, having a beautiful city, it's not expensive. It's -- in fact, it's one of the least expensive things. We have people that need jobs in our community. We've seen great interns that are willing to work hard, young people. You know, there is -- has to be a way to meet that demand with the supply that we need to have a beautiful city, and that's going to be something that I harp on over the next few months as the budget process begins. So I'm done with the discussion items, and then you can go ahead and -- Chair Gort: Thank you. DISCUSSION ITEM DISCUSSION REGARDING RUBBERIZED SPEED HUMPS. 14-00444 E-Mail - Discussion Item.pdf DISCUSSED Commissioner Suarez: Just very quickly, on traffic circles and speed humps. On speed humps, quickly, we had a very productive meeting with Alina Hudak from the County, and we have identified in the MOU (Memorandum of Understanding) with the County what minor changes need to be made. They seem, based on budgetary concerns, to be amenable to shifting to the City ofMiami the responsibility of doing the studies and then approving the actual devices, which is the key component there. Obviously, that will not extend to traffic signals, or stop signs, or those kinds of things, but it will have like five different traffic control devices, andl think it's a significant achievement if and when we get there. DISCUSSION ITEM 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 July 10, 2014 Regular Commission Meeting. Commissioner Suarez: Mr. Chair, ifI may, just very quickly before she begins? Chair Gort: Yes. Commissioner Suarez: I have two -- I have three discussion items. The selection of the Police Chief which we've tried a few times, to put it on as a time certain, and for whatever reason, it gets moved over with other pressing matters, so I'd like to try again -- City ofMiami Page 120 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 NA.1 14-00640 NA.2 14-00641 Chair Gort: Right. Commissioner Suarez: -- in the next meeting to have it in the morning. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM COMMISSIONER HARDEMON REQUESTED A MOMENT OF SILENCE FOR THE VICTIMS OF THE RECENT SHOOTING IN LIBERTY CITY AND EXPRESSED HIS CONDOLENCES FOR THOSE THAT ARE SUFFERING AS A RESULT OF THIS TRAGIC EVENT. DISCUSSED Vice Chair Hardemon: Additionally, ifI could have everyone's attention. We know that our community made national news this week, and it wasn't for something that we're very proud of at all. It was for something that I believe that this City, our City Manager, the Commissioners, the Police Chief and those of us who are serious about economic development in this town are committed to stopping. We know that there were many people that lost their lives in District 5 this weekend; two that died in Liberty City, one that died in the Upper East Side, and at least seven that were injured seriously by bullet wounds in Liberty City. And so at this time, I wanted to first express my condolences to the family. I extend my prayers to those families that are suffering from the loss and also from the injuries. Andl ask that we, as the City ofMiami, at this time just take a moment of silence in recognition for those that have suffered. Thank you very much. Chair Gort: Thank you. DISCUSSION ITEM THE COMMISSION CONGRATULATED AND PROVIDED WELL WISHES TO HENRY TORRE, PUBLIC FACILITIES DIRECTOR, ON HIS DEPARTURE AND THANKED HIM FOR HIS SERVICE TO THE CITY OF MIAMI. DISCUSSED Commissioner Sarnoff. Mr. Chair, a point of privilege just for a moment. So I'd like to say goodbye and congratulations to a person who has graced City Hall for the better part of three or four years. His name is Henry Torre. He is our head of Public Facilities. There are people that come into your lives as Commissioners that you simply have to recognize that really excel at what they do -- Alice Bravo, Zerry Ihekwaba, Danny Alfonso, and certainly Henry Torre. And Henry, I just want you to know I got to work with you on a pretty profound basis. I think you're an absolute professional. I think you have significantly changed the dynamic with regard to our public facility and assets here in the City ofMiami. Probably will go very unrecognized, Henry, City ofMiami Page 121 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 but you probably have created a budget surplus that very few will ever understand; that many people will never recognize that they don't have to be taxed for, andl think you have gone as an unsung hero, andl just wanted to give you my absolute congratulations and wish you the very best. Applause. Chair Gort: Here, here. I agree a hundred percent. Commissioner Suarez: Sorry, I can't help myself either. Thankyou, Mr. Chairman. Thankyou, Commissioner Sarnoff. I think, you know, there aren't too many people that are able to build the kind of trust that you built with all of us. And the deals that you were involved in were very complicated deals. We just talked about it yesterday, and they're not easy deals. It's not an easy position, and it's interesting. As Commissioner Sarnoff said, you're an unsung hero with regard to the benefits, but you're the number -one target with regard to the criticism, so it's an interesting dynamic, and you handled it with a lot of grace. Andl think that was always evident, the way that you handled yourself here before us. You never lost your cool. You were always prepared. Andl think that's why you're moving on to a great opportunity. I think -- I'm sure somebody took notice of that and then that's why you're there. And we're obviously sorry to lose you and, hopefully, we'll be able to find someone as good as you to replace you. Thank you, Henry. Applause. Chair Gort: Thankyou. You know, what happens in the City ofMiami, we train them well, then they get better offers from the private sector. Unidentified Speaker: Shame, shame, shame. Henry Torre (Director, Public Facilities): Thankyou very much, Commissioners. I do want to say that my time here, it has been the privilege, the honor of my career to work here. Starting with this Administration, I've never worked with a group of more dedicated and talented professionals, starting with the City Manager, all the way through. My boss, Alice Bravo, in my opinion, is the most talented, professional executive I've ever worked with. The way she has found a way to multi -task all the many projects that have gone on is really, really incredible. And, Commissioner, you spoke about the benefits to the bottom line. Alice Bravo, without her work, I think the City ofMiami would be in bad shape. As far as you, Commissioners, it's been -- it really has been an honor. Commissioner Sarnoff, you andl have worked very closely on a lot of deals; always pushing us to do great deals, and your contributions even on this Bayside deal today in which you were able to get them to agree to pay -- I think it was $8 million more, that has a severe impact on this project. Commissioner Suarez, you know, you andl worked closely as well on some of your projects, and your dedication, and your always being available and following up, all the Commissioners, all of you. Commissioner Gort, we didn't work as closely together. You were always very available to me, you know. Commissioner Sarnoff and Suarez mostly would call me on weekends. I'd call them; they'd answer the phone. Everybody really cares, and that's what really impressed me here. Commissioner Carollo, it was a pleasure working with you. And the challenging times we had on this dais I'm going to probably miss. We'll have probably a couple more challenges today, which I'm looking forward to, but it's been - - and Commissioner Hardemon, I only worked here a short time with you, but you've made a difference, even over the last few days. So, again, I want to thank you, everyone. I worked with - - I can go on and on. There's some many people that I could thank and stuff and I'll just stop there. Thank you very much. Applause. NA.3 DISCUSSION ITEM City ofMiami Page 122 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 14-00642 POINT OF PRIVILEGE BY COMMISSIONER SUAREZ FOR THE PERSONAL APPEARANCE BY BRIAN COREY, VICE PRESIDENT OF SOUTHERN LEGION GROUP, TO DISCUSS THEIR EFFORTS TO BRING MAJOR LEAGUE SOCCER (MLS) TO THE CITY OF MIAMI. DISCUSSED Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: I'd just like a point of privilege on another personal appearance. Yesterday a couple of young gentlemen came to visit with me from the Southern Legion, MLS (Major League Soccer) Group: Bryan Corey and Max Ramos-Paez. They have a very positive message with regard to MLS soccer and their desire to want to bring MLS soccer to Miami. They've been in existence far beyond this latest effort, and they're a group of people who are growing every day by the tens and the hundreds and the thousands, and they've only requested two minutes. They're going to keep it to two minutes. Later... Chair Gort: I'm sorry. Commissioner Suarez: Thank you, Mr. Chair, and l apologize for kind of jumping the gun there. I just wanted -- I spoke to these two young gentlemen yesterday. They assured me that they would only take up a couple of minutes of the Commission's time. Mr. Corey is the vice president and co-founder of the Southern Legion, and he just wanted to make a very brief presentation to the Commission about what their efforts are and how the Commission can continue to be engaged in the debate to bring MLS (Major League Soccer) soccer to Miami, which I think we all agree is a great benefit, particularly in light of the World Cup and the excitement of the United States playing today at noon. So hopefully, we'll adjourn at 11: 45 for lunch so we can make the U.S. game at noon. Anyhow, go ahead, sir. Bryan Corey: Thank you, Commissioner Suarez. I am a born and raised resident of the City of Miami. I live in Commissioner Sarnoffs district. I own a business in Commissioner Suarez' district. As stated, I am here representing the Southern Legion, members present and the hundreds of active members who couldn't attend today. We have 15, 000 plus that have subscribed to our volunteer organization. We represent the 3,000 people who have signed petitions, residents of the City ofMiami saying that they also support soccer in Miami. Our message to the Commission today is regarding the pending stadium plans for the MLS team backed by David Beckham and his investment group. We would like to offer our support in finding a viable location as we have good standing and deep understanding ofMiami Beckham United. It's imperative that the Commissioner, the Mayor, and the City residents all work together to make our shared dream of professional soccer in Miami a reality. Anything less than a world -class location, a world -class team would be a misrepresentation of the world -class city that Miami has become. We have reached out to all City Commissioners and the Mayor. We appreciate those who have responded to us and encourage those who haven't to join the effort to make professional soccer in Miami a success. We are seeking to create multiple site options and will work with this Commission together to gather support from the community, MLS, and Miami Beckham United to find a viable location. Again, I thank you very much, Commission, for allowing me to speak. And our organization looks forward to working with you to bring soccer to Miami. Chair Gort: Thank you. Go USA (United States of America), that's for sure. Let me tell you -- City ofMiami Page 123 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Mr. Corey: Go USA. Commissioner Suarez: That's right. Chair Gort: The City of Miami has given a lot of support. I don't know if you all recall -- I don't know how far back you go, but it was a team at one time -- I think it was 20-some years ago -- called "Otoros" (phonetic). Mr. Corey: Yeah. Chair Gort: Unfortunate, they did not work out, but think today, all of this Commission that sit here support soccer, and we can see the improvement that soccer has taken in the United States. So you have the -- I'm sure the backing of all of us to work with you all, but you got to talk to the Beckman Group. There's other sites that's being proposed by other County Commissioners, and I'm sure we be more than glad to work with them. Thank you. Commissioner Suarez: Thank you, Mr. Chair. Thank you. Mr. Corey: Thank you. Commissioner Suarez: Thank you all. NA.4 DISCUSSION ITEM 14-00644 DISCUSSION BY THE MIAMI CITY COMMISSION REGARDING THE CIVILIAN INVESTIGATIVE PANEL INDEPENDENT REVIEW COMMITTEE'S REQUEST FOR AN EXTENSION TO THE SIXTY-DAY DEADLINE FOR THE PREPERATION OF A REPORT REGARDING THEIR FINDINGS. DISCUSSED A motion was made by Commissioner Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, with Commissioners Suarez and Hardemon absent, to extend the CIP Independent Review Committee's deadline for the preperation of a report regarding their findings to the September 11, 2014, Miami City Commission meeting. Daniel 1 Alfonso (City Manager): Commissioners, one more point. This is Danny Alfonso. I'm sorry. The Commission had directed the Civilian Investigative Panel to conduct a review and come back in 60 days. They have met on a number of times. We shared a memorandum with you where the group that you appointed asked for additional time, so we just -- I think the Clerk is trying to tell us that we need some kind of resolution to extend -- Commissioner Sarnoff. How much time are they asking for? Mr. Alfonso: They asked for 90 days, sir. Commissioner Sarnoff. So they would -- why don't we put them on the September agenda. Todd B. Hannon (City Clerk): Sir, Mr. City Manager, Chair and Commissioners, actually they're Mr. Alfonso: I'm sorry. In the memorandum, they've asked to come to the October 9, 2014 agenda. City of Miami Page 124 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 Commissioner Sarnoff. Well why not? If that's what they want, I'll move it. Chair Gort: It's been moved by Commissioner Sarnoff second by -- Commissioner Carollo: Second, second, second. Chair Gort: -- Commissioner Carollo. Commissioner Carollo: However, let me throw a wrench in this. Ever since I've been here, every time the Civilian Investigative Panel comes before us -- andl mean the chairman or the executive director -- they ask for an increase in their budgeted amount, and we have held off every year except the last year, and the additional monies that they requested were not budgeted in the City's budget. And if you remember correctly, I requested that we reduce the budget of the trust -- Commissioner Suarez: Right. Commissioner Carollo: -- the GESE (General Employees & Sanitation Employees) Trust in order to be able to pay -- Commissioner Suarez: Correct. Commissioner Carollo: -- for the Civilian Investigative Panel. Now, they're asking for this in October after the budget, andl kind of want to know where we are at come budget time with regards to the Civilian Investigative Panel. Mr. Alfonso: I'm sure that we'll be able to give an update in September of where they are in this sense. In terms of the funding, there is going to be surplus in their budget, so we'll probably reuse the same surplus for next year. Commissioner Carollo: Mr. Manager, I don't know if you were here or not, but it's not the first time that they have surplus. If you remember correctly -- Mr. Alfonso: I was here. Commissioner Carollo: -- the famous Commissioner, "If there's $80, 000 there, then let us see it," and there was $80, 000 there. So anyways, yes, I will be reviewing that, but I still at the same time would like to have some type of feedback and just not a Plain Jane. I want to have some actual meat and potatoes there to see exactly where we're going with their budget. Commissioner Sarnoff. Well, you may have a point which, you know what? Commissioner Carollo: I usually do. Commissioner Sarnoff. No, I won't go there but why don't we have them come back -- I mean, I'm tempted to do it the second meeting in September, but you have to react right away or we -- Why don't we just have them come back the first meeting in September with a report? Commissioner Carollo: I think we should if they need more time then -- Commissioner Sarnoff. Right. Commissioner Carollo: -- you know, we'll see about giving them more time but -- Commissioner Sarnoff. We could say to them candidly, "How do I know how to budget and City of Miami Page 125 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 appropriate?" Commissioner Carollo: Well, that's exactly what I'm saying. Commissioner Sarnoff. Right. Commissioner Carollo: That's exactly what I'm saying. Commissioner Sarnoff. So let me remove my motion, and I'm going to put it to the first meeting in September. Commissioner Carollo: And in essence that is -- we are in mid -June, July, August -- so it's almost what they're asking for. Commissioner Sarnoff. Yeah, it's close. Commissioner Carollo: We're right there, 90 days. So I second your motion for the first meeting in September. Commissioner Sarnoff. Yeah. Chair Gort: Okay, so the first motion was taken away; it was moved. The maker of the motion changed it to September, the first meeting in September. The seconder of the motion accepted the amendment. Any further discussion? Being none, all in favor -- Commissioner Carollo: Yeah, hold on. Mr. Chairman, I'm sorry. Chair Gort: Yes. Commissioner Carollo: And Commissioner Sarnoff, your motion is for them to also come before us with some type of report? Commissioner Sarnoff. In September. Commissioner Carollo: Okay. Commissioner Sarnoff. First meeting in September. Chair Gort: Okay. Commissioner Carollo: Just for clarification. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Sarnoff. That's it, right? Commissioner Carollo: Motion to adjourn. Commissioner Sarnoff. So move. Chair Gort: So move. Commissioner Carollo: Aye. City of Miami Page 126 Printed on 7/18/2014 City Commission Meeting Minutes June 26, 2014 ADJOURNMENT The meeting adjourned at 6:18 p.m. City of Miami Page 127 Printed on 7/18/2014