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HomeMy WebLinkAboutCC 2014-09-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 11, 2014 9:00 AM REGULAR 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 September 11, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 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 11 th day of September 2014, the City Commission of the City of Miami, 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: 07 a.m., recessed at 12: 02 p.m., reconvened at 3: 04 p.m., recessed at 5: 23 p. m., reconvened at 5: 27 p.m., and adjourned at 6: 07 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chambers at 10:18 a.m., Commissioner Carollo entered the Commission chambers at 10: 34 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager ToddB. Hannon, City Clerk Chair Gort: Welcome to the September 11 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Frank Carollo, Francis Suarez, Marc Sarnoff, Vice Chairman Keon Hardemon, and myself Chairman W fredo "Willy" Gort. Also on the dais we have Danny Alfonso, City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. At this time I'm going to have the prayer by myself, and there's going to be a pledge of allegiance by Commissioner Suarez. Can you all please stand? I'd like to start today with a moment of silence in honor of those who perished 13 years ago today and for all those that have sacrifice their lives to allow us to live in freedom in this great country. We will forever honor you -- and promise that you will never be forgotten. May God bless the United States of America and all of you. Thank you. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS Chair Gort: At this time we're going to make some presentation. Mr. Mayor, you're recognized. PR.1 14-00894 Presentation and proclamations made. Later... Mayor Tomas Regalado: And Mr. Chairman. Chair Gort: Next presentation is someone I'm honored to bring to this chamber, and Commissioner Sarnoff, she lives in your district; when I explain why I'm giving this certificate of appreciation to Leonore Anthony, an impressionist artist. Presentation made. PRESENTATION Honoree Presenter Protocol Item Johnnie Mae Barber Mayor Certification of Diana Kraska Appreciation City ofMiami Page 3 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Charles Dawkins John Lyons Makelly Scott Francisco Yaniz Karen Cooper Shawn Ramirez Commissioner Noah Olsen Suarez Lt. George Betancourt Capt. Raul Fernandez FF Juan Abreu FF Alain Manresa Capt. John Hinton Salute Mayor, Commission EMS Peer Award & Fire Chief Abel Venegas Mayor and Chair Certificate of Osmel Delgado Gort Appreciation Citi Church Young Dreams Leonore Anthony Mayor and Chair Certificate of Gort Appreciation Former Mayor David Mayor and Proclamation Thomas Kennedy Commission Deputy Chief Fernando Mayor, Commission Certificate of Fernandez, Jr. & Fire Chief Appreciation Elange Prenus Warren Simms Estime Carvil Ernest Baker William Bradshaw Felix Carmenate Gerard Cineus Jose Lazcano Jean Macius Steven Margolis Eugene Pittman 14-00894 Protocol List.pdf Mayor, Commission & Recognition Solid Waste Director City ofMiami Page 4 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 PRESENTED 1) Mayor Regalado presented Certificates of Appreciation to Johnnie Mae Barber, Diana Kraska, Charles Dawkins, John Lyons, Makelly Scott, Francisco Yaniz and Karen Cooper recognizing their many years of service as career employees in the City ofMiami; furthermore applauding their special skills and knowledge to elevate the quality of life of the people of the City ofMiami through outstanding commitment to public service. 2) Commissioner Suarez presented a Salute to Shawn Ramirez and Noah Ohlsen for their passion for physical fitness and experience; paying tribute to their outstanding work and dedication in the CrossFit Field and their participation in the 2014 Reebok CrossFit Games. 3) Fire Chief Kemp and Deputy Fire Chief Fernando Fernandez, Jr. presented EMS Peer Awards to Lt. George Betancourt, Capt. Raul Fernandez, Firefighter Juan Abreu, Firefighter Alain Manresa, Capt. John Hinton and Firefighter David Gonzalez for their delivery of the highest level and extra ordinary EMS service to the public; furthermore acknowledging that these individuals were selected by their peers as the cream of the crop for EMS service and identifying their willingness to lay down their lives to save others. 4) Chair Gort presented Certificates of Appreciation to Abel Venegas, Osmel Delgado, Citi Church and Young Dreams honoring a wonderful commitment to civic responsibility and communal welfare throughout generous donations and support of critical neighborhood projects throughout the City ofMiami. 5) Chair Gort presented a Certificate of Appreciation to Leonore Anthony thanking her for her connection to District 1 and for her outstanding contribution to the Elevate Expression; furthermore recognizing her work and dedication to art and culture in the City ofMiami. 6) Mayor Regalado presented a Proclamation proclaiming Thursday, September 11, 2014 as David Thomas Kennedy Day, honoring his legacy in our community as a former City of Miami Mayor and Commissioner; further expressing solemn remorse and deepest sympathy to his family, colleagues and friends due to his passing, in addition to paying tribute to his efforts to translate dreams of many: Freedom Flights, the Marine Stadium, our modern parks system and Bayside into the reality that has helped shape the City ofMiami into the international metropolis it is today. 7) Fire Chief Kemp presented a Certificate of Appreciation to Deputy Fire Chief Fernando Fernandez, Jr. recognizing his 31 years of service as a career employee; furthermore applauding his ability to work at every rank and raise the bar and standards, special skills and knowledge to elevate the quality of life of the people of the City ofMiami through outstanding commitment to making a difference in the Fire Department and throughout the City. 8) Solid Waste Director Mario Nunez presented Certificates of Recognition to Elange Prenus, Warren Simms, Estime Carvil, Ernest Baker, William Bradshaw, Supervisor Feliz Carmenate, Gerard Cineus, Jose Lazcano, Jean Macius, Steven Margolis and Eugene Pittman, recognizing their many years of service as career employees in the City of Miami's Solid Waste Department; further honoring their efforts, outstanding contribution, dedication and commitment to the people of the City ofMiami. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon City ofMiami Page 5 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 MAYORAL VETOES ORDER OF THE DAY END OF APPROVING MINUTES ToddB. Hannon (City Clerk): Andl have for Commission consideration and approval the regular meeting minutes from the July 10, 2014 -- Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Suarez. All in favor, state it by saying "aye." The Commission (Collectively): Aye. NO MAYORAL VETOES Chair Gort: Okay, do we have the minutes, the -- We don't have any Mayor's veto, do we? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Thankyou, Mr. Mayor. Now we'll commence the meeting. City Attorney, will you go over the procedures? Victoria Mendez (City Attorney): Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone 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 who becomes unruly in this Commission chambers will be barred from further attending Commission meetings in the future 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 the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney or items on the agenda today. At this time the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thankyou. Daniell Alfonso (City Manager): Good morning, Mr. Chair -- Chair Gort: Thankyou. Mr. Alfonso: -- Commissioners. We are -- it has been requested that we defer item CA.6. CA.6 is the codesignation, Sister Margarita Miranda Otero Way. PH.3, we're asking to defer that item. It has been requested to be deferred. The item has not gone to the Finance Committee, and City ofMiami Page 6 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 normally, we bring it to Finance Committee first. Item FR.1, that was noted as an item that needed to be deferred on the agenda. RE.3 is asked to be deferred. RE.3 is a Law Department item for a settlement. RE.5, we are requesting to defer that item to October 23 meeting. And RE.10, we are requesting to defer that item to September 29. ToddB. Hannon (City Clerk): Excuse me. Chair, Mr. Manager, when it comes to CA.6, PH.3, FR.1, and RE.3, you're deferring those to September 29? Mr. Alfonso: That is correct. Commissioner Suarez: So moved. Mr. Hannon: Thank you. Commissioner Sarnoff. Mr. Chair. Chair Gort: Okay. Yes sir. Commissioner Sarnoff. Just so you know, I will be opposing the moving of PH.3. Commissioner Suarez: Which one? Commissioner Sarnoff. PH.3 would be the Section 108 Loan for -- Commissioner Suarez: Why are we moving it? Commissioner Sarnoff. -- Douglas Park. Commissioner Suarez: Why are we moving it? Commissioner Sarnoff. We're moving it, I think, at the request of the Administration, because they want it to go to Loan Committee, andl think we can approve it subject to going to Loan Committee, and I'm going to use your words 'for what an emergency is." This park is an emergency. Commissioner Suarez: So why don't we --? Okay, so -- Chair Gort: Okay, wait a minute. Hold on it, hold it. Let's hold it and we'll listen. When it comes up, we'll discuss it. Commissioner Sarnoff. So we're not -- Chair Gort: We won't defer it today now, okay. Commissioner Suarez: Okay, so -- Chair Gort: Right now I need a -- any other Commissioner would like to defer any of the items or pull any of the items on the agenda? Commissioner Suarez: Can I clarify my motion, Mr. Chair? Chair Gort: Go ahead. Commissioner Suarez: So I move to defer all items, other than PH.3 -- City ofMiami Page 7 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: Correct. Second? Commissioner Suarez: -- as stated by the Administration. Commissioner Sarnoff. I'll second that. Chair Gort: Okay. Any further discussion? Commissioner Suarez: No. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City ofMiami Page 8 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 CONSENT AGENDA Chair Gort: By the way, I need a motion on the CA (consent agenda) items that we didn't pass before. Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner -- Commissioner Carollo: What were --? 'Cause I know some were pulled. Commissioner Sarnoff. Twelve -- number 12 was pulled. Todd B. Hannon (City Clerk): I can do a quick rundown if you would prefer, Commissioner. The items left on the consent agenda are CA.1, CA.2, CA.3, CA.4, CA.5, CA.7, CA.9, CA.10 and CA.11. Chair Gort: Okay Commissioner Carollo: Okay, say them one more time. What were the items that we're going to vote on? CA.1, 2, 3, 4, 5, 6, 7 -- Daniel J. Alfonso (City Manager): No, not 6. Commissioner Sarnoff. No. Six was deferred. Commissioner Carollo: Got you. So it's C -- I'm sorry. Just read them off one more time. Mr. Hannon: Yes, sir. It'll be 1, 2, 3, 4, 5, 7, 9, 10 and 11. Commissioner Carollo: Okay. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: And just to verf, so then CA 6, 7 and 8 were already taken up. Okay. Chair Gort: Yes. CA.1 RESOLUTION 14-00674 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING GRANT Fire -Rescue FUNDS, IN THE AMOUNT OF $125,937.00, CONSISTING OF A GRANT AWARDED FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, ("EMS"), ENTITLED: "EMS MATCHING GRANTAWARD - M3007", WITH THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED, $41,979.00, FORA TOTAL AMOUNT OF $167,916.00, FOR THE PERIOD BEGINNING JUNE 13, 2014 THROUGH JUNE 30, 2015; ALLOCATING THE CITY'S MATCHING FUNDS FROM ACCOUNT NO. 00001.189000.664000.0000.00000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE NECESSARY City ofMiami Page 9 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT, IMPLEMENT AND COMPLY WITH SAID GRANT. 14-00674 Summary Form.pdf 14-00674 Grant Award &Application.pdf 14-00674 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0324 CA.2 RESOLUTION 14-00787 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED FEBRUARY 4, 2014, PURSUANT TO INVITATION FOR BID NO. 391319, FROM UNDERWRITERS LABORATORIES, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR TESTING OF FIRE APPARATUS AERIAL DEVICES AND GROUND LADDERS, 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-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00787 Summary Form.pdf 14-00787 Award Recommendation Form. pdf 14-00787 Bid Tabulation Sheet. pdf 14-00787 Corporate Detail.pdf 14-00787 Invitation for Bid.pdf 14-00787 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0325 CA.3 RESOLUTION 14-00773 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF GANG INVESTIGATIONS AND ENFORCEMENT WITH THE COUNTY'S MULTI -AGENCY GANG TASK FORCE, TO APPREHEND AND PROSECUTE CRIMINAL GANG MEMBERS THAT CROSS JURISDICTIONAL BOUNDARIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. City ofMiami Page 10 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 14-00773 Summary Form.pdf 14-00773 Back -Up Documents.pdf 14-00773 Back -Up from Law Dept.pdf 14-00773 Legislation.pdf 14-00773 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0326 CA.4 RESOLUTION 14-00772 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $369,085.00, TO PROVIDE FUNDING FOR TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 14-00772 Summary Form.pdf 14-00772 Grant Award &Application.pdf 14-00772 Legislation.pdf 14-00772 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0327 CA.5 RESOLUTION 14-00710 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Procurement PROCUREMENT OF VEHICLE LIFTS AND RELATED GARAGE EQUIPMENT, FROM VARIOUS VENDORS, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING WESTERN STATES CONTRACTING ALLIANCE (WSCA) CONTRACT NO. 06405, AS SUPPLEMENTED BY THE STATE OF FLORIDA ALTERNATE CONTRACT SOURCE NO. 075-490-07-ACS EFFECTIVE THROUGH APRIL 11, 2015, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO City ofMiami Page 11 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00710 Summary Form.pdf 14-00710 WSCA Contract. pdf 14-00710 Back -Up from Law Dept.pdf 14-00710 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0328 CA.6 RESOLUTION 14-00714 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Works SOUTHWEST 4TH AVENUE FROM SOUTHWEST 4TH STREET TO SOUTHWEST 5TH STREET, MIAMI, FLORIDA, AS "SISTER MARGARITA MIRANDA OTERO R.S.C.J. WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 14-00714 Summary Form.pdf 14-00714 Back -Up form Law Dept.pdf 14-00714 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item CA.6 was deferred to the September 29, 2014 Planning and Zoning Commission Meeting. CA.7 RESOLUTION 14-00788 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TWENTY-TWO (22) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 14-00788 Summary Form.pdf 14-00788 Back -Up from Law Dept.pdf 14-00788 Legislation.pdf 14-00788 Exhibit A. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon City ofMiami Page 12 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 CA.8 14-00767 Office of the City Attorney R-14-0329 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT, IN THE AMOUNT OF $3,550.00, TO MR. JUAN PASCUAL FOR THE REIMBURSEMENT OF ATTORNEYS FEES AND COSTS PAID TO VIVIAN M. REYES, P.A., IN THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST COMPLAINT NO. C-13-29; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00767 Memo - Office of the City Attorney. pdf 14-00767 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo R-14-0333 Chair Gort: CA.8. Mariano Cruz, you're recognized. Mariano Cruz: Okay. Chair Gort: Yes, sir, you're recognized. Mr. Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street. When I see here -- first, let me give you some of the background, you know. I was for many years a union organizer with the BRAC, Brotherhood Alliance Clerk, and with the SEIU, Service Employee International Union, with the NALC, National Association of Letter Carriers. Andl hear -- it bothers me to be -- here, it doesn't show you whatever happened there. Because why should we pay so much money when it was a problem here in the City and they hiding thing? Because yesterday, I was in Comstock Park -- I mean in Duarte Park, andl talk to Elvira, a part-timer here. She has been a part timer for 13 years and now they say there is no money for her to make it, whatever. And then there's money to give -- 3,500 you put here. And look at the payment we make. How many payments we making? Every agenda I look at the payment; 120, 000, 100, 000, 50,000, whatever. You know, everybody think that the City got deep pockets. Everybody's coming to us. Then there is no money for the part timers to become -- and here, that thing in this screen, it wasn't done. The positions were not advertises. The people, they -- Mr. Pascual hired them because they told him -- Luis Cabrera told him hire those people; they my family from Cuba, whatever reason. And they work there, people that don't know English, the only thing, making more money than the part-timers. That's what the people told me. People complain to me. They don't come here because they scare. A lot of people, they scare. Me, I am not scared of anybody. Remember, the anticipation of death is worse than death itself. I don't have to be -- I was supposed to be dead at 17 years old. I am here. And you -- oh, yeah. I work with Che Gueverra, too. (UNINTELLIGIBLE) and volunteer in your October crisis. Chair Gort: Okay. Mr. Cruz: Volunteer, okay. But it bothers me to see they paying $3, 500 to Juan Pascual. How come Luis Cabrera doesn't pay that? He supposed to be paying that. He the one guilty of that. Thank you. Chair Gort: Thank you. Okay, CA.8, I need a motion. City ofMiami Page 13 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 CA.9 14-00803 Office of the City Attorney CA.10 14-00800 Department of Public Facilities Commissioner Suarez: Move it. Chair Gort: That was -- I need some Commissioners here. Commissioner Suarez: I'm here. Move it. ToddB. Hannon (City Clerk): Commissioner Hardemon? Chair Gort: Commissioner Hardemon seconds. All in favor, state it by saying aye." The Commission (Collectively): Aye. Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: The -- CA.8. Consent agenda 8. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF ELIZABETH HERNANDEZ AND MICHAEL FERTIG OF AKERMAN, LLP, FOR REPRESENTATION OF OFFICERYAMIR BORREGO IN THE CASE OF CORDARIUS BENJAMIN VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 14-cv-22800-MGC; ALLOCATING FUNDS FROM ACCOUNT NUMBER 05002.301001.545000.0000.00000. 14-00803 Memo - Office of the City Attorney. pdf 14-00803 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0330 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 28, 2014, PURSUANT TO INVITATION FOR BID NO. 460321, FROM MIAMI CORDAGE COMPANY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR REPAIR SERVICES FOR THE MOORING SYSTEM, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 14 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 14-00800 Summary Form.pdf 14-00800 Award Recommendation Form. pdf 14-00800 Bid Tabulation Sheet. pdf 14-00800 Corporate Detail.pdf 14-00800 Invitation for Bid.pdf 14-00800 Back -Up from Law Dept.pdf 14-00800 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0331 CA.11 RESOLUTION 14-00801 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Facilities INCREASE IN THE CONTRACTAWARDED TO BLUE WATER MARINE SERVICES, INC., UNDER THE CITY MANAGERS $50,000.00 THRESHOLD, FOR THE PROVISION OF MOORING BIANNUAL UNDERWATER VISUAL INSPECTION AND REPORTING OR REPAIR SERVICES, PURSUANT TO THE INVITATION FOR BID NO. 274336, FOR AN ADDITIONAL $30,000.00, ON AN AS -NEEDED BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00801 Summary Form.pdf 14-00801 Award Recommendation Form.pdf 14-00801 Bid Tabulation Sheet.pdf 14-00801 Corporate Detail.pdf 14-00801 Invitation for Bid.pdf 14-00801 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0332 Adopted the Consent Agenda CA.12 14-00861 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon RESOLUTION City ofMiami Page 15 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE Works COUNTY TO CODESIGNATE NORTHWEST 2ND AVENUE FROM NORTHWEST 20TH STREET TO NORTHWEST 29TH STREET, MIAMI, FLORIDA, AS "TONY GOLDMAN WAY." 14-00861 Summary Form.pdf 14-00861 Wynwood Resolution.pdf 14-00861 Legislation.pdf SPONSOR: HONORABLE MAYOR TOMAS REGALADO CO-SPONSORS: VICE CHAIR KEON HARDEMON COMMISSIONER MARC D. SARNOFF Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0334 Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Yes, sir. Just when we get to the CAs (consent agendas), I'd like to pull CA.12, Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. So CA.12, as you know, is the naming of Tony Goldman Boulevard. We have had, I guess, the illustrious honor and privilege of having had Tony Goldman down here, and a lot of people may not have known Tony Goldman when he first arrived down here in Florida, but certainly, New Yorkers knew him pretty well when he created something called "SoHo. " And South of Houston, a true New Yorker, 25, 30 years ago, may have been a novel concept, whereas today, it may be considered the main stream, mainstay for what would consider to be that off -- not necessarily off brand, but that shopping experience and experience of community that is not quite like the east side, not quite like the west side, but is very SoHo'esque. Then, as you all know, he came down to the Beach and created South Beach and, I guess, certainly had a very strong hand in doing so. And then Tony Goldman turned his vision and his view towards Wynwood. And Tony was -- you know, I used to joke with Tony a lot, 'cause he was a very high-energy guy and get -- holding Tony's attention was very, very hard. So I used to call Tony a pigeon. I'd say, "Tony, you come, you poop, and you leave," because you just -- you couldn't hold Tony's attention for very long. But I think true visionary people and people who have that kind of talent don't necessarily see the world the way some of us do, because they're always waiting for us to catch up with them. So I never meant any disrespect, Jessica, towards your dad when I'd say he was a pigeon, 'cause he -- the pigeon was only waiting for the rest of the birds to catch up with him, and he was already on to the next thing. So I know the Mayor andl know Commissioner Hardemon are equally co-sponsors, andl certainly will defer to what they have to say, but to the Wynwood BID (Business Improvement District), which Tony was an absolute instrumental person in even thinking of the concept of having a business improvement district; to the Goldman family, who I think has adopted Miami as their own; Jessica, thank you for sharing your dad, and to the ` pigeon, " I salute you. Chair Gort: Mr. Mayor. Mayor Tomas Regalado: Thank you, Commissioner. I -- first, I'd like to thank you and thank Commissioner Hardemon. And I'm sure that every Commissioner here will be, as with me, City ofMiami Page 16 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 co -sponsoring this request. Today we start the process to codesignate Northwest 2ndAvenue, from Northwest 20th Street to Northwest 29th, as Tony Goldman Way. Mr. City Clerk, on the agenda you have "boulevard," but it's a scrivener's error. And today, it's an important day for the history of the United States, but it's also the second anniversary of Tony Goldman's -- when he passed. And it is important to recognize the people while they are alive, and he got a lot of recognitions, because we all recognize that he was the person that began everything in Wynwood. And we want to thank Jessica and the family and -- if you allow us to hear some of your words, Jessica, on behalf of the family. I think it's important that we know the commitment of this family to the City ofMiami, and now Wynwood is a worldwide event, and it is because of Tony and the Goldman family. Jessica, please. Commissioner Suarez: Mr. Chairman. Jessica Goldman: Good morning. I'll try not to cry, so forgive me. Today has such profound meanings in so many ways to so many people. I woke up on this morning two years ago, andl knew that this would be a day that I'd remember for the rest of my life. It was the day that my dad, Tony Goldman, died. Today, call it fate, call it destiny, but today is the day that you chose to honor him, to respect my father in such a monumental way. For that, my family andl and all of those who honor, respect, and loved my father, are thankful to the Commission, to the Mayor, and to the BID. My father -- it gave my father tremendous joy to do what he did to make a difference in the world, and he did it his way. He had an absolute love affair with Miami. The "Tony Goldman Way," how appropriate. He would be so happy and so moved that the community of Wynwood, the community he so deeply believed in, would carry his name. And if he were here, he would hope that his name would serve as a reminder to never give up and to always strive for excellence. Now, today, I look at the sky and I think of him. What you're doing today by accepting this resolution, you allow me and many, many others to look up and actually see his name. For that, I thank you. And for all that you do to support Wynwood, we all thank you. Applause. Vice Chair Hardemon: There's nothing that can say that can be more eloquent than his family's speaking the -- his good deeds. So to you, his family, I'd just like to say thank you. Thankyou for giving our community an opportunity to thrive. Thank you for giving our community an opportunity to live in a way that is marveled by other communities and is a destination for people all around now the country, so thank you. So this is the smallest that we can do as a token of our appreciation to a family that is willing to invest in people, invest in property, and do it time and time again in many different places. Thank you. Chair Gort: Thankyou. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I never got the privilege and the honor of meeting your father, but I did get to meet you. And like I was saying with reference to Bella -- and my wife was here with our little son -- if -- andl always said this about my relationship with my father, who I was very, very -- who I am very, very close with -- I always say, if I'm half the man that he is, I'll be okay. Well, if your man was half the man that you are -- or half the person that you are, and that you've become -- I think he was a very, very special and incredible person. I wish I would have had the opportunity to know him like I had the opportunity to get to know you. But what I do know is the kind of kinetic energy that Commissioner Sarnoff describes, that New York passion for life, creativity, and you can see that in how Wynwood has been shaped and how Wynwood will be shaped. Andl think, as you so aptly said, and as I kind of said at the City ofMiami Page 17 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 PA.1 14-00660 beginning, this day, even though it's a day of loss, in many, many ways, it's a day of life. Andl think your father's inspiration is his life, and Wynwood is his inspiration and his canvass. Andl think what you will see and what I'm beginning to see is that canvas come to life more and more every single day. And now, the beauty of it is that he gets to pass that canvas on to you for you to finish that painting. Andl just feel honored to be able to work with you and with everyone in your staff and in the BID and all the property owners in Wynwood, who I think are unified in their desire to see Wynwood become what your dad envisioned. Thank you. Chair Gort: I think your dad was a very smart man. I don't know if you're aware that Miami is sometimes called "Manhattan South," and your dad, coming from New York, he realize we going to very soon be very close to Manhattan and he wanted to improve some of the mistake that had been made in Manhattan; make it better here in Miami. So thank you for all the work you all do for us. Thank you. I understand, they like to pull CA -- ToddB. Hannon (City Clerk): Sorry, Chair. Is there a motion? Commissioner Sarnoff.. So moved. Commissioner Suarez: Second. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: As amended. Vice Chair Hardemon: Andl knew it was going to be -- Chair Gort: CA.8. Vice Chair Hardemon: -- the Tony Goldman Way. When I got the e-mail (electronic), I said, "that's what it's for." Commissioner Suarez: That's the way it is. END OF CONSENT AGENDA PERSONAL APPEARANCE PRESENTATION MS. ALICIA ORTIZ FROM MERCY HOSPITAL TO ADDRESS THE CITY COMMISSION IN SPECIAL RECOGNITION OF THE CITY OF MIAMI'S FIRE DEPARTMENT AND THEIR TIRELESS WORK SAVING LIVES, ESPECIALLY DURING THE JULY 4TH DINNER KEY BOATING ACCIDENT. 14-00660 E-Mail - Alicia Ortiz.pdf PRESENTED Mayor Tomas Regalado: Mr. Chairman, ifI may, I'd like to call Alicia Ortiz from Mercy Hospital. She is coming with a group of officials. Is that -- for an award. City ofMiami Page 18 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Alicia Ortiz: Barbara Simmons, our CEO (Chief Executive Officer), is here today, and she is the heart ofMercy Hospital. So with that being said, I'll ask our CEO, Barbara Simmons, to please come up for the recognition. Applause. Barbara Simmons: Good morning. Good morning. The last two times I've been in this illustrious chamber is to ask you for something. Today I'm here to give you something. Mayor Regalado: Well, thank you. Ms. Simmons: It's really all about giving you our thanks. First, thank you so much for allowing us the opportunity to be here today. Mercy Hospital has had the privilege of working with the City ofMiami Fire Department, EMS (Emergency Medical Service), and the City ofMiami Fire Boat crew. We're the only hospital that has actually a dock for the fire boats. On several occasions we've had the opportunity to work closely with the fire crew. We actually got our first patient from a cruise ship, and we had a patient from the cruise ship delivered to our dock in the cath (catheterization) lab and had intervention in less than 40 minutes, and the national average is less than 90, so that's really something to be proud of. Recently there was rafters found in the bay. They, once again, rescued a rafter, brought him to the dock, got him to the ER (Emergency Room) quickly for care and treatment. What moved me the most about that was not only the care they delivered to him, but they actually came back two days later to visit him, make sure he was okay, and they actually brought him T-shirt and a hat, and spent a lot of time with him, andl know that meant a lot to him and his family. On the Fourth of July, we all remember that day, the fire boat was once again called into action; used our dock as a staging area for that horrific boat crash, and was instrumental in getting patients the care they needed, not just to Mercy, but to two trauma centers as well. In addition to providing excellent care to patients, they're excellent ambassadors for all of you, for the City, for their department. I've never called them once that they've said no. They've participated in many events at Mercy Hospital. So they not only educate the community about the services they provide, but because of the fire boat, they're inspiring the children in the City ofMiami to become future paramedic, firefighters, and fire boat crew members. I think that being that today is 9/11, it's not lost on any of you us, and it makes it even more meaningful and more special for me and for the City -- for the Mercy crew to be able to prevent -- present a token of appreciation to all of you for the fine service that you do. And I want to introduce Joe Pino (phonetic) as our chief operating officer, and he's the one that made the dock happen and just recently installed an electrical hookup so they can come and park and plug in. (UNINTET,TIGIBT,F) is one of our charge nurses in the ER, and she's the one that greets them when they hit the door. Dr. Rob Moskowitz is our ER medical director. And they make the ER happen, but they couldn't make it happen without all of you. So we really wanted to take the opportunity to thank you for everything you do each and every day, and we do have a token of appreciation. First, we had some photos taken of the fire boat and the crew. So for Fire Chief Maurice Kemp. Wow, it's heavy. You got to pick that puppy up; it's heavy. Applause. Ms. Simmons: So, in addition to presenting this to the Fire Chief we also have several pictures that we'll be hanging in the ER to recognize not just the fire boat but all of our EMS neighbors and providers. But we want to thank you again for everything you do for the Mercy Hospital and the community and wanted to present this as a token of appreciation for you. Thank you very much. Applause. Ms. Simmons: Thank you. City ofMiami Page 19 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Maurice Kemp (Fire Chief): I'd like to ask the fire boat crew and the chief for the emergency response division, Chief Hugo Rodriguez, to come up and accept this award and this beautiful framed picture, and I'd also like to thank Mercy Hospital for their partnership. Ms. Simmons: So I have to tell you a story. I didn't include it in my speech. But I had my bosses, and my boss' bosses, and my boss' bosses, and my boss' bosses all came to Mercy one day, and the fire boat mysteriously appeared at the dock, wink -wink. They allowed all the national folks to get on the boat, and they did -- you can tell; the pride just pores out of them when they get to show off their boat. PS (post script), at the end of the day, I got another $50 million in capital to continue improvements at Mercy hospital. So, you guys rock. Applause. Ms. Simmons: Wanted to make a couple of other presentations. First, Mayor Regalado, thank you for your support and dedication to the City; and wanted you to have a special token of appreciation as well. Commissioner Sarnoff represents Mercy Hospital, so thank you very much. Hope you'll hang that in your office with pride. We also have -- Commissioner Suarez is a cross fit somewhere, probably. We have one for Commissioner Carollo. He's not here today. Chairman Gort, thank you very much. Thank you, thank you. We appreciate everything you do for us. Commissioner Hardemon, not here. Also wanted to recognize and thank -- because it couldn't work without the City Attorney, Victoria. Thank you very much. Victoria's that way; I'm sorry. Wrong way. Daniel, thank you very much. Everybody gets a present today. Commissioner Suarez: Commissioner Suarez came back. Ms. Simmons: Yes. Thank you. I thought you were a cross fit. Commissioner Suarez: I was, I was. I put on my suit real quick. Ms. Simmons: And Todd. Applause. Ms. Simmons: So, again, we just wanted to thank the City, the fire boat, and the EMS folks for everything you do for the City, the community. As I said, we've never called you once that you've not said yes for us, so we really appreciate everything you do. Applause. Ms. Simmons: Thankyou very much. Really appreciate it. Applause. Fire Chief Kemp: Before we disassemble here, I just wanted to thank Ms. Simmons and everyone from Mercy Hospital for their partnership in serving the citizens ofMiami. Thank you very much. Ms. Simmons: Thankyou. Thankyou; always here, always together. Applause. END OF PERSONAL APPEARANCE PUBLIC HEARINGS City ofMiami Page 20 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 PH.1 14-00746 Department of Capital Improvement Programs/Transportat ion RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER AN ADVERTISED PUBLIC HEARING, SUPPORTING TRAFFIC FLOW MODIFICATIONS AT SOUTHWEST 55TH AVENUE ROAD AND SOUTHWEST 2ND STREET, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF ONE (1) TRAFFIC CIRCLE, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AND FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY ("COUNTY") PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS PURSUANT TO COUNTY CODE SECTION 2-96.1. 14-00746 Summary Form.pdf 14-00746 Notice to the Public.pdf 14-00746 Back -Up from Law Dept.pdf 14-00746 Legislation.pdf 14-00746 Exhibit A. pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo R-14-0335 Chair Gort: PH.1, (UNINTELLIGIBLE) present it. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. PH.1 is a public hearing item to support the construction of a traffic circle at the multi -leg intersection of Southwest 55th Avenue Road, 56th Avenue and Southwest 2nd Street. It's a complicated intersection that, going back as far as 2007, the County approved the installation of a traffic circle at this intersection. The County provided, amongst that approval, the option to bring it as a public hearing for approval to construct the travel circle. Commissioner Suarez: So moved. Chair Gort: Okay, it's been moved. Vice Chair Hardemon: Second. Chair Gort: Second. Any further discussion? Commissioner Suarez: I just want to thank the Administration for the work on this. Mr. Spanioli: You're welcome. Chair Gort: I'm glad you finally being able to expedite some of them. My understanding, they had some meeting with the County, and that resolution of a contract or agreement, MOU (memorandum of understanding), we're supposed to have with them. I think they've been expedite. City ofMiami Page 21 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Mr. Spanioli: We've had several meetings. We were making a lot of progress. They are making some concessions for us that we're working through now. Chair Gort: I talked to the Mayor, and he told me it's not been in his desk, and he ask the staff to put it on his desk as soon as possible. Mr. Spanioli: Wonderful. Chair Gort: I hope you guys follow that up. Mr. Spanioli: We will. Thankyou, Commissioner. Chair Gort: Thankyou. All in favor, state it by saying aye." Todd B. Hannon (City Clerk): Chair, would you like to open and close your public hearing? Chair Gort: Public hearing. Is anybody in the public would like to address this issue? Antonio Martinez: Hi. My name is Tony Martinez. I wanted to address the traffic circle on 55th Avenue Road -- Chair Gort: Yes. Mr. Martinez: -- and 2nd Street. Did you -- the thing is, we already have 250 authorized signatures from the community. We also have accidents that has occurred in the past three years. So it's actually on a corner of a park. Chair Gort: Are you for it? Mr. Martinez: I'm sor -- yes, I'm definitely for it. Chair Gort: You're for it, and that's what we're doing. Mr. Martinez: Okay. Commissioner Suarez: Let me -- 'cause I'm -- Chair Gort: Yes. Commissioner Suarez: -- his Commissioner. I just want to -- yeah, I just want you to know that, you know, I reviewed all the petitions that you guys gathered together. It is on the corner of I believe, Bay of Pigs Park. Mr. Martinez: Yes, right. Commissioner Suarez: Right there. And it's a very dangerous corner, and it's not very well, you know, situated. So, you know, thanks to our CIP (Capital Improvements Program) director, thanks to your work, and thanks to the work of the accounting firm that was also there helping. We reviewed all -- you guys did a tremendous job, and l just want you to know that we do listen and that we do take into account all the work that you did, and so this is the final step of getting the approval to get it started, so we thank you again. Mr. Martinez: Okay, great. Thankyou so much. City ofMiami Page 22 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: Thankyou. Mr. Martinez: Thankyou. Chair Gort: That corner, I know it well. It's a very dangerous corner. Commissioner Suarez: Yeah. Chair Gort: So you -- we did it. Okay. Anyone else would like to address this PZ.1 -- I mean, PH.1 ? Being -- seeing none, hearing none, close the public hearings. I have a motion and a second. All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair, ifI may just say one last thing. I also -- we need to thank Eric Duran from the Mayor's Office. It's appropriate because he's the one that brought the issue to my attention and brought the signatures to me, and then I vetted the signatures with him, and so I think it's only fair that we give him a lot of credit for the work that he's done. Chair Gort: Great. Thank you, Mr. Mayor. Vice Chair Hardemon: And -- Chair Gort: PH.2. PH.2 RESOLUTION 14-00769 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "250 WYNWOOD", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14-00769 Summary Form.pdf 14-00769 Notice to the Public.pdf 14-00769 Back -Up from Law Dept.pdf 14-00769 Legislation.pdf 14-00769 Attachment 1.pdf 14-00769 Exhibit A. pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0336 Chair Gort: PH.2. City ofMiami Page 23 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 5:30 P.M. PH.3 14-00789 Department of Community and Economic Development Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. PH.2 is a resolution accepting the final plat of 250 Wynwood from Wynwood 250, T,T C (Limited Liability Company), and authorizing the City Manager to execute the related documents for the recordation of the plat and approving recording in the public records ofMiami -Dade County. I'm happy to entertain any questions you might have. Chair Gort: Okay, it's a public hearing. Is anyone who would like to address this issue? Anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Vice Chair Hardemon: So move. Chair Gort: It's been moved by Vice Chairman Hardemon. Andl get -- I need a second. Hello? Commissioners, I need a second. Commissioner Carollo: Second. Chair Gort: 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 AUTHORIZING THE CITY MANAGER TO APPLY FORA SECTION 108 LOAN IN THE APPROXIMATE AMOUNT OF SIX MILLION DOLLARS ($6,000,000.00), WITH AN OWNER CONTINGENCY FEE OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00), FOR A TOTAL NOT TO EXCEED AMOUNT OF SIX MILLION SIX HUNDRED THOUSAND DOLLARS ($6,600,000.00), FOR THE CONSTRUCTION OF A NEW COMMUNITY CENTER AND THE ENVIRONMENTAL REMEDIATION OF DOUGLAS PARK LOCATED AT 2795 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00789 Summary Form.pdf 14-00789 Notice to the Public.pdf 14-00789 Presentation.pdf 14-00789 Back -Up from Law Dept.pdf 14-00789 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PH.3 was deferred to the September 29, 2014 Planning and Zoning Commission Meeting. Note for the Record: A motion was made by Commissioner Suarez, seconded by Vice Chair Hardemon, and was passed unanimously, directing the City Manager to bring back an appropriation item at the September 29, 2014, City Commission meeting, amending the Fiscal Year 2014-2015 Capital Budget to allocate funds from general impact fees in an amount no less City ofMiami Page 24 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 than $2 million for the Douglas Park Community Center. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: May I please bring our attention back to PH.3? I know that when the City Manager asked for the deferrals, that was one of the items that was requested to be deferred, and there was some discussion about it. I -- since -- I think met with the Manager Monday. I think requested that there was a deferral on this item. I've never really seen many times here on the Commission when a Commissioner asked for a deferral on an issue that affects all of us that they don't get that deferral, unless there was something that was time sensitive about the issue. I don't see anything to be time sensitive about the issue, but do what do see is that in the Section 108 loan, and without going into details of it, we all know that it is affects our CDBG (Community Development Block Grant) allocations, which is what we use to fight poverty in our communities for a number of years, about 20 years. Andl think there's more than one way to skin a cat, in being that Douglas Park is a park that needs to be renovated. I think that all of us can agree to that. How we go about doing it is another way. I mean, I know, for instance, that Douglas Park is probably a park that we can easily -- put it this way: With the -- with very little discussion -- I mean, I'm very comfortable with finding a way to designate fund balance dollars to fix Douglas Park, andl can -- I'll put that out there very upfront. But changing the funding mechanism for our CDBG allocations where we have these organization that is come up here every single day that tell us how much money we need and the one money -- pool of money that we get to actually give to those community groups we 're going to reduce. Yes. Commissioner Suarez: Let me just say a couple things. One is when it was presented as a deferral, just so you know -- 'cause I don't think you were up on the dais -- it wasn't presented as a Commissioner who was requesting a deferral. That's why I think that was part of the issue. And then Commissioner Sarnoff was the one that said that he'd rather not defer it right now and we could discuss it because of the impact on his district, and it really, in reality, also the impact on my district as well. But I think -- I don't know what the amount is. I can't remember it off the top of my ahead. Do you know what the amount is? Commissioner Sarnoff. Six million. Commissioner Suarez: Six -- Commissioner Sarnoff. Well, six million is what we're asking for. Commissioner Suarez: Right. Vice Chair Hardemon: It's six million is the amount to renovate the park, but then it has different financial effects on each district as it pertains to the future allocation of our CDBG funds. I mean, this is a -- this is essentially a 20-year decision. This is a 20-year decision. And part of what I was saying is that -- Commissioner, I don't know if you were behind me just then when I was speaking. I couldn't -- I wasn't looking this way, so I don't know. But part of what was saying is that -- I mean, I'm -- I think, when it comes to making parks happen within our communities, I think all of us have generally agreed that we need additional parks. All of us have generally said that if there is a flagship project that we want to get done in our communities, I think it's a good thing that we work together to make it happen, because it makes all the City ofMiami that much better. So, to me, we have opportunities to make these things happen without hurting individual districts or districts that may be affected more than the other. When -- and that's why I said the bottom line is that -- I mean, I'm willing to dig deep into fund balances to make a project like this happen, no matter how we go about doing it, because it could be -- if it's done in phases, if it's not done in phases. I don't know how long this project has City ofMiami Page 25 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 been a need. It's probably been a need for a very long time. That's the first thing. But what I'm saying to you is that you have my commitment, 'cause all can give you is a vote, right? But if -- you have my commitment to even use fund balance dollars to make things like this happen, if there isn't another creative way of doing it -- But I wanted more time to vet PH.3, to talk more about the impact it's going to have, because I know the way that my voters are within my community that ifI just in this setting allow the money to be spent the way that it's going to be spent, it's going to put me in a very bad -- a tougher situation. When -- my community is very vocal about how we use our CDBG dollars and the needs that we have within our community. To me, all of this deals with poverty fighting, andl just wanted to make sure that my community gets what it deserves 20 years down the line, if we even have that type of funding down the line. But it's a tough decision for me to make. But all I'm asking is for a deferral on this item so we can -- I can vet it a little bit more and possibly come up with some other solutions to getting Douglas Park renovated. Commissioner Suarez: Can I make a suggestion? Chair Gort: Wait. Let me tell you. I was told by the Administration that this was going to be deferred. I was kind of happy myself also, 'cause I was looking at the impact that this can create in the whole City -- in the CDBGs, andl don't think we really understand, all of us, the impact it's going to have in the fundings that we're going to get from CDBG, so -- Commissioner Suarez: Can I make a suggestion? Chair Gort: -- that's something that I wanted to discuss and so on. And by the way, I think all our parks -- because I got an envelope today with about 200 or 300 signatures to people for that same park. The people are asking "Why can we not use our park?" I met with the Commission from my district, County Commissioner from my district. I met with DERM. We have to find a solution as soon as possible. People use our parks, and the parks is to be used by the individuals. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I just have a suggestion in relation to this issue. It seems that two and a half million of it is for the construction of the facility itself, andl could tell you that that park absolutely needs that facility. So what I would suggest is looking at the possibility of using some of the impact fee money to -- for the construction of that facility. I don't know. No one's kind of nodding their head as `yes, no.' Commissioner Sarnoff. No. I think that's feasible. Commissioner Suarez: Right. Commissioner Sarnoff. But you can't -- and let me -- can I put some meat on the bone -- Commissioner Suarez: Sure. Commissioner Sarnoff. -- from my perspective? Commissioner Suarez: Sure. Commissioner Sarnoff. 'Cause I always try to give Commissioners and -- certainly the first deferral absolutely, butl will not be supporting a deferral, and I'll tell you why. On November 23, 2013, this park closed. This is an 11-acre park in the City of Miami. I don't think there's much doubt this park was built on what likely was a landfill, and we probably filled it with rem -- called "remnant ash " from maybe even Coral Gables incinerator and maybe our own as well. And you know what? No one goes back that far. Commissioner Suarez and I share this park, andl even would suggest making Commissioner Carollo's folks even come over as well. This City ofMiami Page 26 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 park is central to a community's daily life. It possesses the English center. We put an adult outdoor gym out there. It has a pretty horrible community center. We actually started redeveloping a community center probably about a year ago after watching Commissioner Suarez' Coral Gate. As a matter of fact, I put $250, 000 of my CDBG money toward the soft costs, if you will, the architectural fees, et cetera, of taking Commissioner Suarez' Coral Gate park and sort of adaptively using it to bring down the costs as much as possible, especially the soft costs. We used my CDBG money to do improvements to this park. So bear in mind, I used and wasn't provided a penny of impact fee money for this park, not a penny in the past six years. So I strategized a way of using CDBG, my own, which hurts my community in its own kind of way, toward -- putting it towards this park. So, you know, I look at it like, you know -- and I'm going to quote Commissioner Suarez. Let me articulate the emergency, because I think it's important, andl think you're right in stating that, you know, we need to articulate emergencies before voting on something on an emergency basis. Andl'm going to side with my good friend It was you at the time, Commissioner Hardemon. When a project -- any project is postponed by a month, to me, that's an emergency. I think we all agree with that. So my articulated emergency is, I'll vote ` yes " for the second -- when it came to impact fees as to why it was an emergency to four other Commissioners, that the impact fee statute should be -- I'm sorry -- ordinance -- should be amended. Now, from my perspective -- and hope Commissioner Suarez' perspective -- getting this park going is an emergency. We have the City Attorney who has opined that no impact fee money may be used to remediate a park. Commissioner Suarez: Right. Commissioner Sarnoff. And we have a park that is 11 acres, and it is 11 acres, as far as we know, based upon drilling sites. Just about the entire park is contaminated. It's built essentially on a contaminated structure. So this park isn't coming online probably by September 11, 2015, but -- Commissioner Suarez: I really hope that's not -- Commissioner Sarnoff. Well, parts of it might. Commissioner Suarez: -- right. Commissioner Sarnoff. We might be able to open up -- Commissioner Suarez: Right. Commissioner Sarnoff. -- the basketball courts; maybe we might be able to open up the tennis courts, maybe. Commissioner Suarez: By the way, I was told November of this year it would be opened. Commissioner Sarnoff. You know -- and that was after some pushing and that's after putting some -- Commissioner Suarez: Right. Commissioner Sarnoff. -- creative ways of having some bathrooms out there and -- but predominantly, this park isn't coming back. I mean, the green space, it's not coming back for quite a while. And the longer we delay this -- you know, I could use a different park, if you wouldn't mind, Mr. Chair. Merrie Christmas Park. Now that's under remediation. It took us six months longer than the day I was told. Andl'm not criticizing the Administration; I'm not. But it took six months longer to get that park started for remediation, and you know what I've come to learn? And then, of course, there is Blanche Park. I had mothers come to my house -- my house. City ofMiami Page 27 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Well, yeah, a couple of them did come to my house. That's number one. Andl had a number of them come to my office, you know, telling me that families actually come together during a certain part of the day and that's their -- part of their daily lives andl have -- I have. I guess they do blame it on me, to some degree. I've disrupted their daily lives. Well, for Douglas Park, andl think for that community, it holds such a special place that, you know, I'm just not prepared to vote for a deferral on this. Commissioner Suarez: May I, Mr. Chairman? Chair Gort: Yes, sir. Commissioner Suarez: Okay. First of all, I completely agree that the fact that the park is not open necessitates emergency action by this Commission, period. Now, I think Commissioner Hardemon's perspective is what exactly -- what emergency action should we take? Andl think his perspective is -- and I'm trying to -- kind of mediate both sides here -- is that we're looking at a fund that has a very broad impact, so what I'm trying to do is tell you that -- and again, this goes back to the conversation yesterday when we started talking about impact fees. I saidl trust all my colleagues to be judicious with the use of their funds, andl trust that when opportunities arise, we're going to make the right decision. Andl think -- I didn't realize it would come the next day, to be honest with you, or two days later. But the fact of the matter is that that community deserves a new community center at that park. So I would be willing -- you have my vote today, today to designate impact fees for the construction of that park today. Now -- so that's the emergency. Now wait. Now, that would reduce the amount of the loan from six million to four and a half million -- I'm sorry -- to three and a half million. So that's a -- that's almost half of a reduction. What I suggest we do is table this for the afternoon. We don't have to take this up right now. Let -- you know, we have lunch. We have the rest of the day. Let Commissioner Hardemon, yourselves, separately obviously, you know, talk to staff and see if you guys can -- if we can come to some sort of an arrangement so that we can make some decisions today, because I agree with you, Commissioner, that this is an emergency. Having that park closed -- having any of our parks closed, really, is an emergency. Andl think, even the Chairman can say that he gets the calls on that park, andl think he already said he gets calls on that park on "when is it going to open? Why is it not opened?" And it's a gorgeous park, and it's very, very used. It's a park that is -- it's a high -in -- what I calla high -intensity park. It's intensely used. So I think we have two things: One is, we have a -- you know, if we do allocate impact fees, we do have a substantial reduction in the ask, which I think is, you know, almost 50 percent. And then I think maybe the Commissioner has other ideas and other sources of funds that we can use to defray the rest. Commissioner Sarnoff. And just to bear in mind, you can't start building something until you remediate what it's sitting on top of. So the one, two, three -- andl want you to know this, because we're going to hopefully make a decision today -- the one, two, three of this is, so, all right, let's say we say we find two million, two million, five hundred thousand dollars in impact fees to build a community center, andl think we can do that. However, you're not going to start building the community center until you find the funds necessary to take away the remnant ash, and you're not going to start that until you find that strategy. So I at least bring to the Commissioners' attention, yeah, we could probably build that community center from impact fees, but you can't even start that community center until you remediate the remnant ash. Vice Chair Hardemon: And -- Commissioner Carollo: Mr. Chairman. Chair Gort: Wait a minute. You're recognized. Vice Chair Hardemon: Thank you very much, Mr. Chairman. And -- when I think about this -- I City ofMiami Page 28 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 mean, I think very clearly that, one, we need the park. We need the park open. And so I wanted to make sure that that message is resounding in my statement. My concern was how we go about financing that. That's what this discussion was to bring about. So that's the second thing. The third thing, I wanted to express to you the seriousness of my allegiance to helping you build that park by saying to you, you have my vote for fund balance dollars, which I think is the -- without looking at the various ways that we can finance this project, that is the end-all, be-all way that we can do it. There's a fund balance; put money towards it, so that's how serious that I was saying that I am about supporting this. But it was just that we need more time to look into other ways that we can do it. When the park closed, I was not a Commissioner. Past six years, I was not a Commissioner. And I don't know what the type of support that you had from this district to ensure that that is going on. But for instance, just in exploring the ways that we could finance it, using the impact fee dollars, especially with the new ordinance change -- I mean, already that's reduced the amount of money that will be taken out in the Section 108 loan, which will reduce the amount of money that the -- each district will have to pay towards having this gymnasium, and that's the type of thing that I wanted to look further into. How can we do it? You have a second vote if you want to use the impact dollars today. Commissioner Suarez: Right. Vice Chair Hardemon: So that's -- I'm just -- I understand -- Commissioner Suarez: That's significant. Chair Gort: Wait a minute, wait a minute, wait a minute. Let's keep it -- Yes. Vice Chair Hardemon: So that -- so that's being said. Andl understand there's an order to one, two, three, but there's nothing wrong with having the money. And if you have the money that's already identified and allocated towards actual -- the developing, that's one thing, but I know for a fact that this, at least, is going to have a $1, 584, 000 impact upon District 5, you know, in CDBG dollars. So that's why I'm approaching this with caution and concern. That's why I'm asking for the deferral, because I just want to make sure that we properly give this the attention that we need to make sure that we do the right -- this is the prudent thing in making sure that that park is taken care of. Chair Gort: Thank you. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Douglas Park is a park that, over the years, growing up in Miami, I've played football in, I've played basketball in, I've played tennis in; I've played in the community center, if you could call that a community center (UNINTELLIGIBLE). Commissioner Sarnoff. Yeah, yeah. Commissioner Carollo: That room. So I do think that Douglas Park is, you know, an important park. And at the same time, yes, you're right; I do believe in fairness. If we thought there was an emergency for one park, then, yes, it should be an emergency for another park. And think -- and if I'm listening to Commissioner Hardemon correctly, I don't think he's questioning whether that park needs to be open or not and whether we need to put the resources there or not. I think he's just stipulating that we could, pretty much, deal with what resources, you know, from where, and I think that's what he is -- I don't know if "questioning" is the right word, but looking for suggestions for other type of funding in order to make it happen. I actually agree with him, because this actually affects all of our districts, and it's not an effect for one or two years. It's a 20-year effect, so -- and in essence, it -- the two districts that pretty much share this park -- and like Commissioner Suarez said, the biggest impact is District 2 and District 4. That's -- but it's also affecting the three other districts which, by HUD (Department of Housing and Urban Development) guidelines, are the ones in most need of economic development, so I think -- and City ofMiami Page 29 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 agreeing with my colleague, Commissioner Hardemon -- we need to find another way of funding this. However, I do think we should fund it. Listen, as a -- and by the way, when we were discussing impact fees and when I wanted to go down for the different parks and different allocations, but what were those allocations for, that's exactly whatl wanted to know, 'cause I wanted to see exactly the different parks. What exactly -- you could allocate $2 million, but what exactly does those $2 million go for? Is it 300, 000 for trees and 200, 000 for, I don't know, benches and so forth; maybe half a million dollars for lighting? -- so we could see exactly where the monies go. So here, from listening to my colleague, it appears that the community center will be about $2 million. Now, we could use impact fees for construction, but we -- or improvements and construction, but we cannot use it for remediation, correct? Commissioner Sarnoff Correct. Commissioner Carollo: Okay. So, listen, I don't have a problem with impact fees for the construction, but I understand your point as far as (UNINTELLIGIBLE) other site. Is it possible then to still use -- do the 108 loan, but have the payments come from District 2 and District 4, which is the two parks that it really impacts? Do you understand what I'm saying? Commissioner Sarnoff Yeah. Use -- in other words, pay back the loan with our economic development money. Commissioner Carollo: Right. Chair Gort: Excuse me. I have a couple of questions. Commissioner Carollo: Which is actually the two districts that it really -- you actually have the monies for, but it's the two districts that it actually impacts, and I'm just saying the remediation part. Commissioner Sarnoff Yeah, yeah. Commissioner Carollo: The other -- you know, so -- I mean, I would agree to 108 loan if we could do that. And again, it's just a suggestion, so I'm putting it out there. Commissioner Suarez: I don't think it's a bad suggestion. Chair Gort: Let me ask a -- Commissioner Carollo: It really isn't. Chair Gort: Excuse me. Commissioner Carollo: It really is not. Commissioner Suarez: I don't think it's -- listen, I don't think -- Chair Gort: Excuse me. Commissioner Carollo: That way, it does not affect -- Chair Gort: If you allow me, if you allow me, I got a couple of questions. At the mediation plan already -- ready and it's been accepted by Miami -Dade County, number one. 'Cause, let me tell you, we're all going through hell trying to get the mediation plan and get it approve by the County. City ofMiami Page 30 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Mark Spanioli (Director): Good morning again, Commissioners. Mark Spanioli, Capital Improvements. We are working now with the County on preparing the corrective action plan. They've already reviewed our site assessments reports, and they understand the delineation of the contamination. But we are working on the corrective action plan. We should have that definitely approved before the end of the calendar year. Chair Gort: Before the end of calendar year. Mr. Spanioli: Right. Chair Gort: Right? Mr. Spanioli: Correct. Chair Gort: We could not do anything until we get the permit from them and get the okay -- Mr. Spanioli: That's correct. Chair Gort: -- from them. Now, my understanding is -- andl got the same problem in Curtis Park. Mr. Spanioli: Correct. Chair Gort: That's the most used park within my neighborhood, a very important neighborhood. Now, we were able to work out some mediation plan immediately to get the basketball court, to get the football court, and to get certain things done. Now, Commissioner Sarnoff, I'm all for it. I have package like that of signatures asking for that park and my Curtis Park also. And all the parks that have been closed, they should be opened as soon as possible. Commissioner Carollo: Southside. Chair Gort: We do have a problem with the Southside. We do have a problem with the mediation, putting the plan together, taking to the County, and getting it done. We all know how the bureaucracy takes time in all those things, the analysis, the studies, and come up. That's why a two weeks' deferral will give us an opportunity to look for not only for your parks; for all the other parks that are closed. How are we going to finance them? 'Cause we have to open them all. So the deferral is set for two weeks. My commitment is I will work with you because I know the importance -- let me tell you. I work with the Kiwanis Club in Little Havana that created the (UNINTELLIGIBLE) about 10 or 15 years ago, so that park is dear to me and to a lot of people in here, and it benefits the whole City. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: But mainly, I think the deferral is to sit down with the Administration and see how we can finance it. We need to finance it. We need to do all those parks and come up with mediation plan and whatever we need to do. My suggestion also, talk to your County Commissioner so he can put pressure. That's very important. Okay, who -- Yes, sir, you're recognized. Commissioner Carollo: No. I'm -- Chair Gort: Go ahead if -- Commissioner Carollo: I put what I said on the record. I mean, I'm willing to listen from my colleagues. I think I put a valid suggestion on the table, which will resolve the issue, because City ofMiami Page 31 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 what I'm saying, Commissioner Hardemon -- and I'm sure you probably understand, but what I'm saying is, instead of affecting CDBG dollars on the five districts, it will affect CDBG dollars on the two districts that it impacts and not ours. So instead of us paying X'amount for 20 years, theirs will go just a little higher -- or higher to cover the part that we were, and they'll be the ones who pay back the loan. Commissioner Suarez: Go ahead. Victoria Mendez (City Attorney): Commissioners, at this time we -- it's becoming more a tedious process as to defer or not to defer. Since this is set for public hearing at 5: 30, if you want, you could take time to think about it between now and then, and then continue talking about it at that time. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: Without getting into the -- without getting into your proposal, because I understand exactly what the City Attorney is saying, my request is that we defer it. Now, it's in the universe now, so we understand that that is an option that is out there. It gives the Administration some time to consider everything. But I'm asking for a deferral, you know. I'm asking for a deferral. I mean, tonight -- I have a plane that's leaving tonight, 5: 30. I know I'm flying on 9/11, but it is what it is. So I plan on being somewhere near -- hopefully getting to Miami International Airport by 6 o'clock in enough times -- our timing isn't as great as it should when it comes to starting items at a certain time, so I'm asking for the deferral. So I -- so, particularly, I move to defer PH.3, and that's my motion. Chair Gort: There's a motion to defer. Commissioner Suarez: Can I just put something on the record before --? Commissioner Carollo: Second for discussion. Chair Gort: Discussion. Commissioner Suarez: Mr. Chair, real quick. I don't have an issue with the idea of exploring that idea. It's probably not too costly to do it, because, as Director Mensah was telling me, the first year's interest rate is point one percent. I would probably request just to give direction to the Administration that the first few years of District 4's allocation be deferred until the citywide allocations that we have been deficient in receiving -- since we've received zero, citywide CDBG dollars for parks or for anything -- be caught up to the average of all the other districts. So I'll give you an example. District 1 has received $1.8 million worth of citywide CDBG dollars. Commissioner Carollo: But that's -- Commissioner Suarez: Let me finished. Let me -- Commissioner Carollo: What time period? Commissioner Suarez: From April 1, 2012 to the present. District 2 has received 133; District 3 has received half a million; District 4, zero; District 5, 680. So what I'm saying is average that out and take our payments from District 4 from the citywide CDBG fund until you reached the average amount that every district has received, since we've received zero. So our payments from our CDBG fund will be deferred until the citywide catch up until -- andl told you this day would come. I knew the day would come where I'd have an "ask" from the citywide pool, andl City ofMiami Page 32 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 knew that, as Commissioners, you would support me in that "ask." So my thing would be that the District 4 payments -- and) need to calculate them, 'cause one -tenth of a percent is one thing, and it's an escalating percentage. It's not just a flat -- I wish it was a flat one -tenth of one percent; then it would really be -- I'd pay it out of my own pocket. If it was $4 million at one tenth of one percent, it's a very, very miniscule amount. But what I would request from the -- just as direction, when you put together this plan for us to look at -- and) think we can do it today, by the way, I really do, but -- and I think it would preserve your one -- and so I think it's a good idea. I think it would preserve everyone else's 108 dollars, but the only thing) would request as a caveat is that from District 4 that the payments be paid out of the citywide fund until you reach the average amount of contributions to every district, and then they'll come out of the District 4 fund. That's what) would ask. Chair Gort: Let me tell you, I think two weeks -- every time a Commissioner have asked for a deferral here for the first time, it's been done. What I'm asking is two weeks. Let the staff -- let the Administration come up with a plan, and in two weeks, we pick it up. Commissioner Sarnoff. Well -- Chair Gort: If you don't mind, I don't think two week is going to hurt. Commissioner Sarnoff. Look, I -- Chair Gort: We got the mediation that has not been approved. They still have to work on that. I'd like to see the budget when the plan is approved, how much it's going to cost, how they can do it, and so on. We don't have that information, so two weeks isn't going to hurt. And understand your frustration, because I have it myself. Go ahead, sir. You're recognized. Commissioner Sarnoff. Thank you. Commissioner Carollo: And real quick, Mr. Chairman. It's not like we're not moving this forward. Commissioner Sarnoff. Well -- Commissioner Carollo: We have things -- Chair Gort: Commissioner. Commissioner Carollo: -- now to work with. Commissioner Sarnoff. You know, what we think we're doing and the fact that we're doing things -- it just doesn't -- it doesn't seem that way to the general public, and it doesn't -- and you know, I think Commissioner Suarez and) are reasonably careful -- you know, he sort of comes at the tail end of the Golden Pines meeting; I go at the beginning so that we don't cross each other too much in the event a issue could come before us. I don't know what the room said to him. I know what the room said to me with regard to Douglas Park, and, you know, they hold me to a pretty high standard there, because, you know, first off I'm Anglo. It's a predominantly Hispanic neighborhood. Am I paying attention to it? Am I doing everything I should be doing for that neighborhood? You know, I think Alice Bravo and maybe Mark Spanioli are a little tired of me, because they meet with me on all my contaminated parks probably the average of two times per week. Do we strategize over how to get every park done? Absolutely, we do. Have we fallen -- I mean, I'd vote right now. Give me $3 million from the -- I'm sure Danny Alfonso will fall off his chair -- fund balance to only remediate the contaminated ash. Yeah, I won't get a second on that, but that's okay. Commissioner Gort -- or Mr. Chair -- I apologize -- even if you defer this two weeks, a month, to start the process for 108 loan is a five -month process; five months before City ofMiami Page 33 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 you'll get and see any result. So you start the machine going. All we're doing is, in the citizens' eyes, not paying attention to a park that's closed. I -- no doubt they'll achieve opening the tennis courts, which, by the way, I used CDBG money, because I didn't get park impact fee money to improve those tennis courts. I think we'll get the basketball courts, which, by the way, I used CDBG money to improve the basketball courts. I think we'll open those. I think we might be able to open the outdoor gym, which, by the way, I used CDBG money to put the outdoor gym in there. And the only impact fee that park has ever seen was the canopy put over that outdoor gym at the insistence of believe it or not, Commissioner Xavier Suarez. So, you know, I'm just putting it all out there. You guys like to say "transparency, efficacy." Whenever we want to start the process of this five months of getting, you know, this remediation money -- because we'll find the money for the improvements, Commissioner Carollo. It's there, no doubt about it. But, you know, it feels good to say, "Yeah. You know what? It's only a deferral." But when a Commissioner up here didn't want to vote on the impact fee ordinance on an emergency, Commissioner Gort, I didn't feel very respected, but hey, you guys did what you thought was in the best interest of the City. I'm going to vote against this, with all due respect to my colleague, because I'm going to do what's in the best interest of Douglas Park. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. Two things: One, the average amount of CDBG when you average out what all the districts have gotten is about 800, 000, so you guys might want to write that number down. The second thing is I would like -- I mean, we don't have to defer it this second. I would like, if you don't mind, that we at -- try tabling it. If we get nowhere later on in the day, we can always make that decision later on in the day; it could be the last item that we talk about, and then we could defer it then. But I think out of deference to the Commissioner, to the community as well, let's at least make an effort to try to handle this today. If we can't handle it today, we can't handle it today, if it's impossible. We have to do some calculations. I would like to know what -- you know, what kind of -- is the mortgage that I'm accepting -- you know what I mean? -- on behalf of District 4, I'd like to know what that -- the payment structure's going to look like on that, even after all the deferrals of payments, you know. I still want to know what my -- how my district is going to be impacted. So what I would appreciate is if we try. I'm not saying we're going to do it. But if we try to do it today, later on in the day -- I know you have a flight to catch, and we won't do it without you, let's put it that way. It will not happen without you. I give you my word. Commissioner Sarnoff Andl give you my word that we'll call the question before you leave. Vice Chair Hardemon: May I? Chair Gort: Yes. Vice Chair Hardemon: And this is important to me because, look, from the beginning I said, at the end of the day, if it is necessary that I vote -- give you one vote to take money from the fund balance, then we will take money from the fund balance to make it happen, because I can see one, and can see two, and three. I mean, that's the majority, and said that. So, Commissioner, when you state, "I won't have that second " that's not a true statement, because I will give you a vote if you need it to make that happen, because now you've gone from now six point something million dollars to $3 million just for the mediation. And we found a way to finance the construction of the building, which is through the impact fee also, so already -- I mean, we've been having discussion about this deferral, and we've come up with better solutions than the one that's been presented thus far, okay. So -- and -- Commissioner Sarnoff A solution that may be palatable to me and you and may be City ofMiami Page 34 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Suarez that the Administration will have a lot of consternation and heartburn and maybe some other Commissioners up here. Vice Chair Hardemon: And impact fees, I think all of us want to find out the just way to spend those dollars. Fund balance, that's a different speak. But I mean, Commissioner Carollo was eloquent in his speaking when he said that the three districts that are affected the most out of CDBG allocations are not the districts that primarily would use that park, and -- but I still believe that all of us -- this is a citywide issue. An eleven -acre park, to me, is a citywide issue. I have a good friend, right. And he has these sayings. We say lots of different things to make each other laugh, because I think in life, we need it. And as Commissioners, we probably need a little bit more than that. But he says to me all the time, "You must think I'm stupid" I say, "No, I don't think you're stupid." "Well, then, you trying to hurt me." "No, I'm not trying to hurt you." "Well, then, you think I'm stupid" So I say that to say, here's a situation where we're looking at a 20-year loan, and we're asking for two weeks to consider a different way of financing a 20-year note. So this affects not just me, but long after me. So asking you for the time to truly look into it is not a big ask, right? And then just the fact of the matter that we can come with better solutions, more palatable solutions just being here at this moment to me shows that we 're intelligent enough -- we're not stupid, but intelligent enough to make a good decision, a prudent decision, a wise decision about how to move forward, instead of trying to rush through this today. I think you have our commitment to making this happen. Commissioner Suarez: Mr. Chair, may I propose a solution? Maybe Commissioner Sarnoff will be satisfied with this. I've been listening to both of my esteemed colleagues, friends, Commissioners, and I'm wrestling with this myself as to how I would even actually voted if we had to put it to -- you know, put the question without their being consensus, andl would say we could today, right now -- I think there is consensus here to allocate the funds to -- of impact fees from the construction of the facility. That's a significant, I think, achievement. It's achieved. We can go to the community and say, "This is done. The money is in place to build the facility. " We are -- we're taking an extra two weeks to find the balance. I think we have some good ideas on how to do it, andl suspect that we will get it done in the next two weeks, because I think we could actually get it done today if we really, really wanted to, but we have issues. So I think -- I would be willing to do that. I'd be willing to make that motion right now if Commissioner Sarnoff is willing to support that. We get that done. We get something accomplished. We can go to the community and tell them we accomplished something. And now what's balance -ready -- I think you've seen that there's an extremity of expressed will to get this done. There's nobody here saying that we shouldn't do this. The question only is how we're going to pay for it. And think there's been some good ideas, some novel ideas, advanced. We need to vet them and then make a decision next week. Commissioner Sarnoff And the reason -- Mr. Chair, the reason I'm going to support that is because you're saying -- and this is how I see it, Commissioner Hardemon -- two weeks and we may have a solution that doesn't involved -- even involve a 108 loan. Chair Gort: Right. Commissioner Sarnoff And -- Commissioner Suarez: Right. Commissioner Sarnoff -- Commissioner Gort, I think that we'll have a remediation plan by November. I think that they're just being a little in -optimistic. I think once we find the edge of the ash field we can start remediating, and I don't think we're that far away. And if it happens to be reserve money, which I don't know that this -- there'd be an absolute consensus here, you know -- you could start remediating December or January -- City ofMiami Page 35 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: Right. Commissioner Sarnoff. -- or February. So, yeah, I make up the five months on the potential of using different kinds of money that would expedite the process. Commissioner Suarez: So I'll make a motion, Mr. Chair, ifI may? Vice Chair Hardemon: Before you make the motion, I have to remove my motion from the floor. So I remove my motion from the floor. Now we -- no discussion. Commissioner Suarez: I make a motion to allocate -- what's the building amount? Mr. Alfonso: Commissioners -- Commissioner Carollo: You can't. Commissioner Suarez: Why? Because it hasn't been advertised? Commissioner Carollo: No. Ms. Mendez: It's been advertised for 9 a.m., but you have a time certain hearing item at 5: 30, so you can defer it, if you're going to defer it, but if you're going to start -- Mr. Alfonso: I think it would be -- ifI may, Mr. Chairman? Chair Gort: Yes. Vice Chair Hardemon: But before the City Manager moves on, the idea of this is PH.3 is about an authorization for Section 108 loan application for Douglas Park. The motion that my distinct colleague is -- distinguished colleague is making is not that. Commissioner Suarez: Right. Vice Chair Hardemon: Is not dealing with that. Mr. Alfonso: I understand, but it is a budget amendment so can maybe we get direction that the Administration do this? The Administration would then bring back a budget amendment, because this won't kick in until October, anyways. You're talking about -- Chair Gort: Yeah. Commissioner Suarez: That's fine. So I'll make a motion, as stated by the Manager, that the Administration come back to the next Commission meeting with an appropriation item. Mr. Alfonso: Which will be amending the fiscal year '14/15 -- Commissioner Suarez: That's correct. Mr. Alfonso: -- after budget. Commissioner Suarez: And it will be allocating two -- how much? Mr. Alfonso: We'll have to look at exactly how much -- Commissioner Suarez: I think you want to look at -- City ofMiami Page 36 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Mr. Alfonso: -- impact fee is needed -- Commissioner Suarez: Two million -- let's just leave it at no less than two million. Mr. Alfonso: Okay. Commissioner Suarez: No less than $2 million in impact fees from the general pot to be allocated for the building of the Coral Gate Community -- I mean, the -- Vice Chair Hardemon: Douglas. Commissioner Suarez: Douglas Community Center. Sorry. Vice Chair Hardemon: Then I'll second. Commissioner Suarez: We don't want to build another one in Coral Gate. Vice Chair Hardemon: I'll second that. Ms. Mendez: Direct -- Chair Gort: It's been moved and second. Any further discussion? ToddB. Hannon (City Clerk): Chair, just a moment. Chair Gort: Yes. Mr. Hannon: Madam City Attorney, now this is just a motion directing the City Manager. So there is no issue with them making a motion now and voting on them? Chair Gort: Sony; in the mike. What are we saying? Mr. Hannon: We're good to go, sir. Now, again, this is just a motion directing the City Manager to allocate funds and to bring us back -- Mr. Alfonso: To bring back an item to allocate the funds. Mr. Hannon: Right, right, right; exactly, at the September 29 meeting. Mr. Alfonso: Correct. Mr. Hannon: Yes, sir. Commissioner Suarez: Do we really have to do it that way? Chair Gort: Okay. Mr. Alfonso: No. At the September 29 meeting, yes, correct. Commissioner Suarez: That's fine. That's fine. That money doesn't get released until October 1 anyways. Chair Gort: There is a motion. There is a second. Discussion? City ofMiami Page 37 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Carollo: Yes. Chair Gort: Yes. You're recognized. Commissioner Carollo: And l just want to confirm that all we're doing is requesting the Manager to bring back an agenda item for the capital budget for -- starting October 1, 2014. Mr. Alfonso: Correct; amending the capital '14/15 budget to include more impact fee money into this project, but no less than two million, out of the general county -- citywide portion. Chair Gort: Okay. Commissioner Carollo: Understood. And then -- that's understood, but then what happens with Commissioner Suarez: We're going to delay -- defer PH.3. Commissioner Carollo: And then you're thinking of deferring PH.3. Commissioner Suarez: Right. Commissioner Sarnoff. I'm okay with that, because if the conversation between now and September 29 -- Commissioner Suarez: Twenty -Ninth. Commissioner Sarnoff. -- includes a different strategy and, you know, if it's not a 108, then the five months don't start to tick until we finally decide to do it, so I'm okay with that. Commissioner Carollo: The only thing that I want to add to it is I want to make sure the plan is not just for Douglas Park. I understand we're looking for the funding. I want to make sure all the parks. So I want to make sure Southside Park is also looked at, so we have the plan, because I recently saw that, as far as testing for the park was actually done; however, now we have to test neighboring lots. But what was interesting, that letter came from February or March of this year and now is when I was told, so now is when it was actually e-mailed to us. So there's something there that's not right, and I think -- not just Douglas Park. I think all parks -- Commissioner Sarnoff. Right. Commissioner Carollo: -- which, by the way, most people think it's on your district. I mean, it's right on the -- Commissioner Sarnoff. I -- Commissioner Carollo: -- boundary of your district and I. Commissioner Sarnoff. So -- Commissioner Carollo: Well, I just want to make sure that it's not just Douglas Park; that all the parks have a plan to make sure that we could go forward. Commissioner Sarnoff. I could actually -- I'm going to help the Administration with this, because I saw that letter as well, and the first thing, I was like "A February letter? Now we're learning about it now." City ofMiami Page 38 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Carollo: Exactly. Commissioner Sarnoff. And let's start a little bit at the beginning. Before any remediation plan goes forward for DERM (Department of Environmental Research Management), you have to find what's called "the edge of the ash field." So all you're saying is here are the boundaries of the ash field You and presume it's a park. Having not been there in 1940 probably something, which is when this all occurred, it may have been a bigger park, and it may be that the houses that are around that are what was then in the park in 1940, whatever. So they find the edge of the ash field The City tries to find the edge of the ash field, let's say, every 100 feet. And hopefully, they find the edge of the ash field doing that. Sometimes, the County requires that edge of the ash field be found every 20 feet. Doesn't sound like a big deal to me. Doesn't sound like a big deal to you. However, boring into the soil every 20 feet could be a million dollar difference in costs associated with the testing and the consultant contract to make the evaluation. So the City does what I think is the financially prudent thing, and they try to test the edge of the ash field and certainly not in 20-foot increments, but let's say at a hundred feet increments. And if I'm saying it wrong, Ms. Bravo, I apologize, but that's the way I understand it. And if we're successful in finding it that way, DERM approves it. Sometimes DERM -- and sometimes one of our test prods will come up with obviously remnant ash, and then the County says, "All right, you got to go down to smaller segments. " And there are some standard letters that the County sends out that the City negotiates with them on a cost -benefit analysis to find the edge of the ash field. I think that's what happened, Commissioner, 'cause I read it. I saw it. Andl was like, wait a minute. Nobody wants a six-month delay in responding to a DERM letter and finding out, "Well, you know what? We waited six months to do that." That is not, in fact, what happened. The City is trying not to do, let's say -- and I'm just using it by analogy -- a 20-foot analysis; they're trying to start out by 100-foot analysis. The differences can be millions of dollars in testing. Commissioner Carollo: That's not how it was interpreted by me or my office, but I'm sure that if we pass this now that we will have all the details in exactly when is that park finally going to open. Chair Gort: Okay, we have motion. Discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. Vice Chair Hardemon: Move to defer PH. 3. Commissioner Suarez: Second. 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. Hannon: And that's being deferred to September 29. Chair Gort: Right. Commissioner Carollo: Correct. Chair Gort: Thankyou all. Vice Chair Hardemon: And thank you, gentlemen. City ofMiami Page 39 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 PH.4 14-00798 Department of Information Technology Mr. Alfonso: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGERS RECOMMENDATIONS AND FINDINGS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE APPROVAL OF THE OUTSTANDING INVOICE TOTAL AMOUNT OF $46,800.00, FOR THE NEOGOV SOFTWARE SERVICES RENDERED BY GOVERNMENTJOBS.COM, INC., A/K/A NEOGOV, INC., THEREAFTER EXPIRATION OF THEIR SERVICE AGREEMENT, FOR THE CURRENT SERVICE PERIOD OF FEBRUARY 26, 2014 THROUGH FEBRUARY 25, 2015, AUTHORIZING THE CITY'S FINANCIAL OFFICER OR DESIGNEE TO ISSUE PAYMENT FOR SAID AMOUNT; ALLOCATING FUNDS FROM THE INFORMATION TECHNOLOGY DEPARTMENT SPECIAL REVENUE ACCOUNT CODE NO. 50001.251000.546000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00798 Summary Form.pdf 14-00798 Notice to the Public.pdf 14-00798 Memo - City Manager Approval.pdf 14-00798 Legislation.pdf 14-00798 Exhibit.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) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0337 Chair Gort: PH.4. PH.4. Kevin Burns (Director): PH.4. Good morning, Commissioners. Kevin Burns, Department of Information Technology. PH.4 is a resolution for a bid waiver for a software package that we have called NEOGOV. Going back where there is a scrivener's error here in the dates; should be February 26, 2014 through February 25, 2015, for $46, 800. Chair Gort: Okay. Thank you, sir. Public hearing. You're recognized, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 26 Street, resident of the City ofMiami since 1963. Andl am a trained electrical engineer, specializing in transmission of power from the power plant to the substation. It hasn't changed much since (UNINTELLIGIBLE) grid. Now they got the small grid. Butl always worry about long hours, all this outcoming -- andl am also a Microsoft specialist, Windows 80, whatever it is. And also, I am not a lawyer. To be an engineer, you got to study harder than a lawyer. You can become a lawyer by reading the newspaper. City ofMiami Page 40 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Vice Chair Hardemon: Hey, hey, hey, hey. Mr. Cruz: Yeah. Okay. Vice Chair Hardemon: Hey. Mr. Cruz: I know. But, here, listen, my daughter tell me you got to be very careful when you make reports, and there is a -- when you write here, there was a mistake when they wrote here. It said from February 26, 2014 to February 25, 2014, so you going backwards? You got to be careful in a legal paper, if you have a mistake -- Chair Gort: Well, if you listen, that's what he just did. Go ahead. Mr. Cruz: No, but it say -- Chair Gort: Go ahead, go ahead. Mr. Cruz: When I read it, it say -- because my daughter tell me, when she make a report, the public defender will just wait ---- a little mistake in the Florida Statute to say, "No, that case have to be dropped." So we got to be careful. It's not the same thing, 2014 to 2015. So I always wonder sometimes when they write things here, whatever the truth or whatever is not the truth. Thank you. Chair Gort: Thank you, sir. Anyone else would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Do I have a motion? I need four fifth. Vice Chair Hardemon: Yeah, so -- if -- well, we probably have -- Victoria Mendez (City Attorney): If it's four- fifth, then we might -- Chair Gort: If we need to take a break, I'll take a break. Ms. Mendez: -- need to -- oh, okay, there's four. Chair Gort: We need a four fifth vote on this one. PH.4, do I have a motion? Commissioner Sarnoff. So move. Commissioner Carollo: NEOGOV. Second. This is for the -- Chair Gort: It's been moved by -- Commissioner Carollo: -- employment --? Chair Gort: -- Commissioner Sarnoff, second by Commissioner Carollo. Vice Chair Hardemon: For NEOGOV. Chair Gort: Discussion. Commissioner Carollo: It's the employment online, to fill out employments [sic] online. NEOGOV. Vice Chair Hardemon: Okay. City ofMiami Page 41 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 SR.1 14-00530 Department of Information Technology Chair Gort: Okay? Vice Chair Hardemon: Uh-hm, yep. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. ToddB. Hannon (City Clerk): As amended. Chair Gort: Thank you. Daniel J. Alfonso (City Manager): Thank you, Commissioners. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ABOLISHING THE COMMUNITY TECHNOLOGY ADVISORY BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ ARTICLE XI/ DIVISION 18, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY TECHNOLOGY ADVISORY BOARD", SECTIONS 2-1271 THROUGH 2-1284, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 2-892(4)(J) TO DELETE SAID BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00530 Summary Form SR.pdf 14-00530 Background Information FR/SR.pdf 14-00530 Back -Up from Law Dept FR/SR.pdf 14-00530 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13476 Daniel J. Alfonso (City Manager): SR.1. Kevin Burns: Good morning, Commissioners. Kevin Burns, director of Information Technology. SR.1 is a second reading ordinance to abolish the Community Technology Advisory Board. Commissioner Sarnoff. So moved. Chair Gort: It's been moved. City ofMiami Page 42 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 FR.1 14-00472 Department of Procurement FR.2 14-00892 District 4- Commissioner Francis Suarez Commissioner Carollo: Second. Chair Gort: Commissioner Sarnoff second by Commissioner Carollo. It's a public hearing. Is anyone would like to address this, SR.1? Seeing none, hearing none, we close the public hearing. Discussion. Motion? It was moved; second. Okay, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO MODIFY LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONSTRUCTION CONTRACTS AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00472 Summary Form FR.pdf 14-00472 Back -Up from Law Dept FR.pdf 14-00472 Legislation FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item FR.1 was deferred to the September 29, 2014 Planning and Zoning Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TEMPORARY MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN, FORA PERIOD OF ONE HUNDRED EIGHTY (180) DAYS FROM THE EFFECTIVE DATE; SETTING FORTH THE GEOGRAPHIC AREA COVERED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 14-00892 Legislation FR/SR.pdf City ofMiami Page 43 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Daniell Alfonso (City Manager): Commissioners, do you want to go back to the FR.2, now that the sponsor is here? I don't know. Commissioner Suarez: Thankyou, Mr. Chair. Is that your will? Thankyou, andl apologize. I just needed to make sure thatl was prepared, because this is a resolution establishing a temporary moratorium on the retail sales facilities for dogs and cats for a 180-day period while we study the impact of some of these facilities on our City. What it does is -- and the purpose of it is several fold First of all, it's not going to affect any already -existing pet shops, so if you're an already -existing pet shop, for the time being, you're fine. What we did is -- you know, pet lovers and dog lovers, in particular, came to meet with me, and they educated me on the conditions that some of these dogs are being raised for purposes of sale by commercial breeders. They call them -- some people call them 'Puppy mills," and it's wreaking havoc on our community. And most of them are actually -- and we should have gotten this draft to you beforehand, andl apologize because we didn't. Most of them are actually in my district. There's actually nine. Out of the 13, 9 of them are in my district, so -- but they will not affect -- these nine that currently operate will not be affected. What we're doing is studying this issue for six months and then making a recommendation to this Commission, whether it should be an outright ban, as other municipalities have done, or whether we should extend the moratorium another six months to continue to study it, or whatever the case may be. Andl think we have some pet advocates who are here who want to speak in support of the moratorium. But it's a 180-day moratorium. And I'll just make the motion, and ask whoever's here to speak on this item to please come forward. Chair Gort: It's an ordinance. There's the -- Commissioner Suarez: I'm sorry; it's an ordinance. I apologize. Chair Gort: There's a motion. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second. Discussion. Yes, sir, you're recognized. Don Anthony: I'm Don Anthony, communications director for the Animal Rights Foundation of Florida. We have 5,000 members around the State, andl want to thank you for considering this important step in protecting not only animals, but residents, consumers, and taxpayers. I'm here to support the ban on the sale of commercially bred dogs and cats in pet shops. More than 60 cities around the country have passed an ordinance of this kind, 30 here in South Florida. Some cities have no pet shops; Wilton Manors, Sunrise, each have one; Palm Beach Gardens has two; Chicago has 16 pet shops; and LA (Los Angeles) has 24, and they all passed ordinances. All of their City Attorneys have examined these ordinances and stated that they are legal. A ban on the sale of commercially bred dogs and cats will benefit people here who buy the animals that come from puppy mills. All pet shops get their dogs from puppy mills. That is the source. Puppy mills are huge breeding farms where female dogs are packed in filthy cages their entire lives. Disease runs rampant. They're neglected, continuously in -bred, resulting in a long list of inherent defects and behavior problems. They are reproducing machines, bred repeatedly until they're no longer profitable, and then they're killed. Never seen a puppy mill? Google it. You'll be disgusted. A ban on commercially bred animals will help end this. It'll protect local consumers who, unwittingly, buy a dog and then find out months later that he needs thousands of dollars in vet bills. It'll protect taxpayers who end up paying when these animals with sky-high vet bills are dumped at animal control. That means you and all these people pay to house, feed, and City ofMiami Page 44 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 eventually kill them. So a moratorium on new pet shop licenses is appropriate, while research is done prior to adopting an ordinance. Why let new stores open now if they may have to change their business model in a few months. Commissioner Lazaro has documentation showing that a lot of stores here in Miami are currently buying animals from some of the most notorious puppy mills in the country. Now, this is not meant to disparage any local pet shops. I'm sure the owners are nice people who mean well. This is not about local stores. This is about the suppliers who breed the animals that are sold in stores. USDA (United States Department of Agriculture) licensing and regulations mean nothing, since almost all of the puppy mills are already licensed by the USDA. This is exactly the reason so many local cities are banning the sale of commercially bred animals in their stores. You can't regulate what goes on in other states, but you can stop the sale of commercially bred animals, and allow adoptable animals from the Animal Control and Humane Society to be displayed. In places where ordinances exist, pet shops flourish. They sell food supplies, toys, beds, vet services, grooming services, doggy day care; all of those can be a successful business, and many of the stores in Miami already do that. Pet Smart, Petco, and Pet Supermarket have been doing this for many years, along with many smaller mom-and-pop stores as well. These ordinances do not affect hobby breeders at all. Hobby breeders have always been able to sell animals directly to the public, and that will not change. So, I hope you'll unanimously vote to take the first step and place a moratorium on pet stores while the situation can be studied. This could be the first step in making Miami the number -one humane city in all of Florida. Thankyou very much. Commissioner Suarez: Thank you. Very well -- Chair Gort: Thankyou, sir. Anyone -- Commissioner Suarez: -- stated. Commissioner Michelle Lazaro: Hello. How are you? Michelle Lazaro. I am a City Commissioner in Hallandale Beach. Today I'm here as a activist, dog lover, and the person who has spearheaded this campaign throughout South Florida. I'd like to thank the Commissioner for sponsoring this item. I was able, before I came here tonight, to go -- today -- to all of the pet stores in the City ofMiami, andl did some research, and l found that the number of your stores were buying from some of the worst puppy mills in the country. And as a result, I went on and found a number of complaints from residents that had bought sick dogs that had died. And I'd like to just tell you quickly, I don't go into stores, because I get very emotional when I see the animals in the conditions that they're living in. Andl did that to be able to come here today and ask you for this moratorium. And one of the things that I saw was a fairly large sized puppy, which is a German Shepherd -- I'm referring to something other than a little Shih Tzu or a Maltese, and it was a Husky, and it had to be over six months, and it was in a cage on the floor, and it was sitting there, obviously very bored, and l just kept thinking to myself that, you know, a puppy in a normal situation would be out running, and playing, and getting exercise, and having attention and affection, and this dog was shipped in an 18-wheeler for thousands of miles at 18 -- at eight weeks old; came over the state lines from Florida Department of Agriculture and was put in that cage, and maybe it's taken out once in a while; maybe it isn't. But the muscles in that dog are not being developed by a dog that would be able to play and run, and they are being atrophied while they sit there. The next person who buys that dog is going to have problems with that dog, whether they're inherent and they're genetically bred that way or they're left in cages languishing. So there's a reason that we do this. It's also mostly to protect the public. I'd like to tell you it's directly related to shelter killing; it's not. It's a public welfare issue and protecting the consumer from a kind of fraud. So I hope you'll support the moratorium while we are able to give you some evidence as to why we think it's necessary. Thank you. Chair Gort: Thankyou, Commissioner. Anyone else? Anyone else would like to address this issue? Seeing none, hearing none, close the public hearing. City ofMiami Page 45 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Vice Chair Hardemon: May I? Chair Gort: Yes, sir. Vice Chair Hardemon: I'm sure this issue is a very important issue. It's not one that I have been privy to. But one thing will say is that I'm going to support your motion for the moratorium, because with your motion, you're saying you're looking into this matter further. One thing that really rubs me the wrong way or irks me -- and it is not because of the people that came to make presentations; but any time you make statements that are so strong and then you don't have someone on the other side who believes in -- who may have a different opinion, an opportunity to say their statements, it becomes difficult for me to handle, because it's just like having a criminal defendant -- or the prosecutors going on and on and on about that person, and then he doesn't have an attorney to speak on his behalf. You know, it's just a very, very tough thing for me to hear, even though -- because the statements that a prosecutor or someone who's an advocate, like you all are, you're so passionate about what you believe in. So this is a situation like, for instance, when you say you visit all the pet stores within the City ofMiami and the conditions that these pets are in or this is what the -- what happen in -- and I'm sure that those pet stores owners will probably come here today and say, "Well, that's not my store" or `7 don't purchase animals from there," or -- there's always just a different opinion, and so I just want to caution us and when we have these types of meetings, that if we're going to have advocates for one, we need to have advocates for the other, so that at least all of us get an opportunity to hear both sides of the coin. Commissioner Suarez: And let me just say, Mr. Chair, ifI may, to respond to that? Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: Let me just say that -- a few things. First, to be completely frank with you, when this issue first came before me and the Commissioner came to meet with me, my initial -- she can recall -- my initial reaction was, "Wait a second. We're going to do something to disturb the quintessential experience that a child has to go into a pet shop and buy, you know, a pet." And so, I kind of had the same reaction that you had, initially. And then I started studying the issue, and what didn't realize is -- first of all, I thought there would be many more pet shops than they are in the City ofMiami. From our investigation, there's only 13 that have the licenses, 9 of which are located in my district, so that was another shock. I didn't realize that the vast majority of them would be located in my district. Then I thought to myself, well, how is this going to impact people's business and their livelihood, you know? And that's why -- when they first came to me, they wanted an outright ban, which, by the way, still wouldn't have affected them, because they would have been grandfathered in since they had permits. But it would have prevented future businesses from being established that engage in these practices. So then I continued to investigate the issue, and when you start to actually see the difference and you start to actually understand the crux of the issue, which is that, unfortunately, these commercial breeders, or puppy mills or whatever you want to call them, the conditions -- and this is not about the pet owners. And then I think what was hard for me to understand initially was you could have a great pet shop owner who, you know, is clean, you know, that takes a lot of pride in their business, you know, does everything that they can to present a great face for their business, and yet, it's actually what's happening before these animals ever come into contact with them. And, you know, I actually had some personal experiences where I had a friend who bought a Maltese, which is, by the way, a very expensive dog, and had thousands of dollars worth of expenses, of medical expenses that he had to spend. Andl didn't realize this, butt was a young student coming out of law school, and there's actually a lemon law for animals, a State law, and I didn't realize. You know, there's a lemon law for cars. When you buy a car, if certain things happen, you can take the car back to the dealer. I didn't realize that there's actually a lemon law, in essence, for animals, and -- because it is a consumer protection issue. And then I thought to myself, you know, having -- andl -- you know, I hate to bring it there all the time, but having a City ofMiami Page 46 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 young son, ifI were to go to a pet shop and he buy an animal, and a couple of months later, see the disappointment in his face if the animal suffers from a congenital disease and starts to die before his eyes, I mean, I don't want my two -year -old to start thinking about death, necessarily, for an animal that he so much loves; and yet, I would do anything to prevent that from happening, so I could see the thousands of dollars that I would pour into it to make sure that that didn't happen, only to find out that it was nothing about the pet owner; it had to do with the source of how these dogs or cats or what have you, how they were being treated before they arrived in our pet stores. Andl would just tell you that, you know, this has become a big issue countywide. You have -- members of the Pet Trust have sent letters supporting this legislation, and, you know, obviously, advocating for the Human Society and the adoption of animals. And it's been voted own countywide as well, and our citizens, even though it's a nonbinding resolution, have said that we need to support the efforts of the County to have a more robust budget with respect to animals. So I think this is a non -budgetary way for us to better regulate. A lot of cities are doing it; that's another thing thatl learned. You know, at first said "Well, are we going to be the first ones? Are we the pioneers?" Then I realized, no, we're not the pioneers; if anything, we're one of the last cities. We are the biggest city, and we're the most recognized city, but we're kind of one of the last ones. So I did take that all into consideration. I want you to know that. I pretty much started at the same point that you did, andl came to the complete other side on the issue and -- but did put it as a moratorium, rather than an outright ban, just because I felt like it was the fair thing to do for all of us to study the issue and understand, you know, exactly how it impact us. I will pass this out to all of you so you can see where they're located and what districts are affected. But from what I know, it wouldn't affect the current owners. It will affect potentially new owners. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. So -- Chair Gort: I'll let the attorneys do all the talking. Commissioner Sarnoff. Well, okay. So today Commissioner Suarez should be known for the whole month as Gandhi. Mahatma Gandhi happens to be -- my two favorite political worldwide figures would -- obviously, Winston Churchill and Mahatma Gandhi. So Gandhi said, "The greatness of a nation can be judged by the way its animals are treated." So today you are Gandhi. And today we are beginning to be a great nation. So, you obviously know this is a passion of mine, animals, andl think you're doing a great thing. I want to do something --I was at the Fire promotion, I guess, where the Fire graduates go forward, and there was this speech that had never heard of before, and I'm not going to get it right. But it says, A man is walking on a beach, and there are one million star fish on the beach, and he starts rescuing them" -- 'cause they're, obviously, not in the water and they're going to not -- as opposed to drown, they're going to dry up and die. And he starts to throw the starfish back into the beach, and obviously, he's not making very much of a dent in the population of these one million starfish that have beached themselves. So somebody walks up to him and says, "Why in the world would you try to do this? Because you obviously can't save them all." But he hands him -- and looks at him and he says, "Butl could save this one, " and throws it back in the water. So I don't know the councilwoman's name. Could you come up for a sec? Commissioner Lazaro: By the way, you did a great job. Thank you, Commissioner. Probably the best I've ever heard. Commissioner Lazaro, Michelle Lazaro. Commissioner Sarnoff. Commissioner Lazaro, can I ask you where the German Shepherd is? Because today he will be free. City ofMiami Page 47 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Lazaro: I don't know if it was a Shepherd or a Husky. Commissioner Sarnoff. It's okay. Commissioner Lazaro: And I have to look at the chart and the address, 'cause I'm not familiar with the address. Commissioner Sarnoff. Could you get that to my office today? Commissioner Lazaro: I will. Thank you. Commissioner Sarnoff. He will be a starfish. Commissioner Lazaro: I hope -- I don't know if he's still there, but I hope not. But if he is, I'll certainly -- I know where the store is, but -- I also just quickly, ifI just may say one thing, because the Commissioner said something and Mr. Anthony said it. Most of your pet stores, if not all of them that I went into, which is unusual to any other place in the -- places where I have been -- have multiple businesses going on. They all do grooming. They all do day care. They all do veterinarian services. This would not stop them from being in business. This would not stop people from doing business here. We welcome pet stores. We want them to come here. We just want them to have a humane source of animals and for public welfare. But you have some businesses here that are also open that I can have people come and testify infront of you that they're not selling dogs and they're doing well. So I just wanted to say that, that this would not hurt business. But I will get you that information. Thank you. Chair Gort: Thank you. Commissioner Sarnoff. Thank you. Thank you, Commissioner Suarez. Chair Gort: Let me tell you, I had dogs all my life, since I was a kid. Andl think -- we can see it right now in the hospitals where dogs are being utilized to help the patients in the different hospital. We see them used in day care center where the animal brings -- the more you know the animals and the more you know the human race, you love the animal a lot more. My question is, who restricts these mills? Where do they get the license? Don't they have any supervision or government -- yes, 'cause this is where the whole thing begins. Commissioner Lazaro: This is what happened. The USDA fails as a regulatory agency, and the reason being is that one percent of the food that you eat is inspected. There are not enough inspectors to see 10,000 licensed puppy mills in the country; 10,000 licensed puppy mills. Five hundred thousand puppies are shipped across this country. It's a billion -dollar industry. These mills are inspected maybe once a year or once every 18 months. IfI have a violation, which I can -- this will be all the information. I can go over it with all of you individually. I'll show you a USDA violation. I have to have a very egregious cruelty. I'm talking about legs that are maimed or -- you know, really egregious to get what's called a "direct violation." And an indirect violation could be anything. But to be shut down, it hardly ever happens. So that's why the municipalities -- you know, many times I go infront of them and they say, "Well, leave it to the gover" -- "let the federal government handle it. Let the State handle it. " But the reason that the municipalities have taken control is that we've given them ample opportunities to do that, and they have not done that. And we have had to take control back on the local level and say, "Okay, we have to protect our residents and our taxpayers." We have to do something. And when this law went into effect for the first time in 2008 in New Mexico, Albuquerque, they found immediately that the shelter killing went down and the adoptions went up. It just makes sense. And given the conditions ofMiami -- andl was approached by the Commissioner in Miami -Dade who sponsored the recent legislation, andl can talk about that also with you, why they didn't go for a ban and they put a regulatory language in there as opposed to a ban. I'm not going to tell City ofMiami Page 48 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 you there hasn't been litigation over this. There is litigation across this country; we know that, but that's a conversation for another day. You asked me about why we're not doing that on the federal level. That's why we're not. Chair Gort: Thankyou. Commissioner Lazaro: Okay. And do you want --? Anybody else want to ask me anything? Chair Gort: Fine. Thank you. Commissioner Lazaro: Okay. Chair Gort: Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item FR.2. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: This has to come out on a second reading so all those retailers, that didn't have a chance to be here today; they can be here for the second reading, and then we can maybe inform them and educate them a little bit. Yes. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Thankyou. Commissioner Lazaro: Thank you. Vice Chair Hardemon: Especially since we have that list. Chair Gort: Hm? Vice Chair Hardemon: We have -- since we have the list, we can reach out to them. It's a very minute group. Commissioner Suarez: Yeah. Commissioner Carollo: Can you make sure I get a list? City ofMiami Page 49 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.1 14-00577 Department of Fire -Rescue Commissioner Suarez: Yeah. Chair Gort: It's not going to affect them; just any new ones. (UNINTELLIGIBLE). END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE SOLE SOURCE CONTRACT NO. 10-11-033, FOR THE FIRST -IN FIRE STATION ALERTING SYSTEM, BY INCREASING THE NOT TO EXCEED REPAIR CONTINGENCY AMOUNT OF $10,000.00 PER YEAR TO A NOT TO EXCEED AMOUNT OF $50,000.00 PER YEAR TO INCLUDE INSTALLATION SERVICES AS NEEDED, WITH FUNDING FOR FUTURE YEARS SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE SERVICE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND WESTNET, INC., FOR SAID PURPOSES. 14-00577 Summary Form.pdf 14-00577 Westnet Contract.pdf 14-00577 Legislation.pdf 14-00577 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0338 Chair Gort: Okay. Daniel J. Alfonso (City Manager): FR.2, but -- Chair Gort: FR. 2. Mr. Alfonso: The Commissioner who's sponsoring that item stepped away. I don't know if you want to go to RE.1. Chair Gort: RE.1. Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Deputy Fire Chief Department of Fire -Rescue. RE.1 is a resolution authorizing an increase in the -- to the amount of $50, 000 for the purpose of installation and maintenance of our Station Alerting System. This system ties into and communicates with our computer -aided dispatch system or our CADD. It remains a critical component of our reflex time and our continued service to the citizens. It is a sole source item. At this point I'd be happy to answer any questions you may have. Chair Gort: Thank you. Do I have a motion? City ofMiami Page 50 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.2 14-00766 Department of Fire -Rescue Commissioner Sarnoff.. So moved. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FISCAL YEAR 2013," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, CONSISTING OF A GRANT AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, GRANTS PROGRAM DIRECTORATE, IN THE AMOUNT OF $1,144,269.00, WITH A REQUIRED MATCH FROM THE CITY OF MIAMI ("CITY"), IN AN AMOUNT NOT TO EXCEED $127,141.00, FOR A TOTAL AMOUNT OF $1,271,410.00,TO PURCHASE RADIOS, A DRIVING SIMULATION SYSTEM, AND ADVANCED DRIVER TRAINING PROGRAM, FOR THE PERIOD BEGINNING JULY 21, 2014 THROUGH JULY 20, 2015; ALLOCATING THE CITY'S REQUIRED MATCH FROM ACCOUNT NUMBER 00001.181000.896000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE AND COMPLIANCE OF SAID GRANTAWARD. 14-00766 Summary Form.pdf 14-00766 Grant Award &Application.pdf 14-00766 Legislation.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-14-0339 Chair Gort: RE. 2. Joseph Zahralban: Chairman, Commissioners, RE.2 -- again, Joseph Zahralban, Deputy Fire Chief. RE. 2 is a resolution requesting the establishment of a special revenue project, entitled the "Assistance to Firefighters Grant," in the amount of $1.2 million. It consists of a federal award of $]. ] million and a City match of $127, 000. It is for the purpose of purchasing radios and a driving simulation system, along with an advanced driver training program. I'll be happy to answer any -- Chair Gort: Can you explain how the driving stimulation works? Deputy Fire Chief Zahralban: It's very similar to how -- when you see aircraft and they -- Chair Gort: Right. City ofMiami Page 51 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Deputy Fire Chief Zahralban: -- simulate flying. Basically, it puts the driver through a series of simulations and projects how they would react to those. It could be a vehicle pulling out in front of them, and it tests their reflexes and their ability to react to dynamic situations. Now, when we put our drivers through their initial training, they go through a course called the Emergency Vehicle Operator's course, and that is a real -life practical course that they go through, along with a classroom setting. This allows us to take them to the next level by then providing advanced training and really testing to see how they would respond in real -life situations. Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff So moved. Commissioner Carollo: Second. Chair Gort: Commissioner Sarnoff second by Commissioner Carollo. All in favor state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Chief -- Deputy Fire Chief Zahralban: Thank you. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair, can I ask a question? Chair Gort: Sure. Commissioner Sarnoff As the City gets more and more traffic, have you guys ever considered, or thought about, or evaluated putting some of your -- I was going to use the word ` paramedic " -- even the EMTs (Emergency Medical Technicians) on motorcycles? Deputy Fire Chief Zahralban: That has been explored in the past. We've seen it done by Miami -Dade County Fire -Rescue. I think, in large part, there is some concern as to the dangers associated with being on motorcycles in heavy traffic. But what we're looking at more in depth that we believe will make even more of an impact is looking at our ability to control the lights at the intersections. And through our strategic planning sessions with the City Manager, one of the things that we've identified as a high priority is looking at the -- basically, the traffic plan moving forward, and we've already entered into some discussion with companies that do provide what we call "routes," which is basically, it gives the apparatus the ability to change a light to green through the route that it is predicted to take to an individual area of response. Chair Gort: And the County's using motorcycles? Commissioner Sarnoff You know, I don't -- I think had heard that. I'm, of course, perplexed how the County would be using motorcycles compared to the City, but I could tell you that in Tel Aviv, they use them. I can tell you in London, they use them. I could tell you in Paris, they use them. I could tell you -- and maybe they're better motorcycle riders. Daniell Alfonso (City Manager): IfI may? Chief I'm sorry. The County had a motorcycle program, but they knocked it out. Chair Gort: Specially Miami. City ofMiami Page 52 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.3 14-00810 Office of the City Attorney RE.4 14-00763 Commissioner Sarnoff. Have you ever been to those other cities I've mentioned? Traffic's a lot worse. Chair Gort: What about the drivers? Commissioner Sarnoff. Well, I would then say again, they're a lot worse there. Chair Gort: Okay, there's no further discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you, chief. Deputy Fire Chief Zahralban: Thank you. Commissioner Sarnoff. Thanks. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BRUCE A. WEIL, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $120,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF BRUCE A. WEIL VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 12-34800 CA 25, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 14-00810 Memo - Office of the City Attorney. pdf 14-00810 Memo - Budget Sign-Off.pdf 14-00810 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE.3 was deferred to the September 29, 2014 Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN ADDITIONAL OWNER CONTINGENCY ALLOWANCE TO THORNTON CONSTRUCTION CO., INC., FOR THE NEW DINNER KEY MARINA DOCK MASTER BUILDING PROJECT, NECESSITATED DUE TO THE DEPLETION OF THE ORIGINAL TEN PERCENT (10%) CONTINGENCY AMOUNT OF $376,364.10, WHICH HAS BEEN UTILIZED TO CONSTRUCT PHASE II OF THE PROJECT, A 10,180 SQUARE FEET WATERFRONT PLAZA, IN THE AMOUNT NOT TO EXCEED $376,364.10 FOR PHASE I AND PHASE II OF THE PROJECT, THEREBY INCREASING THE AWARD VALUE FROM City ofMiami Page 53 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 $4,140,005.10, TO A TOTAL AMOUNT NOT TO EXCEED $4,516,369.20; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NUMBERS B-60464 AND B-60464S. 14-00763 Summary Form.pdf 14-00763 Back -Up - Original Contract.pdf 14-00763 Legislation.pdf 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-14-0340 Chair Gort: Yes, sir, you're recognized. Mark Spanioli: Good morning again, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.4 is a contract increase to Thornton Construction Company. This is for the Dinner Key Dock Master building. It's in an amount not to exceed of $376,364. This will provide an additional 10 percent to owner contingency on the project. Basically, we utilized the first 10 percent contingency on the implementation of Waterfront Plaza that -- so in order to replenish the contingency, we have to come back to Commission for a contract increase. Chair Gort: Okay. Is there a motion? Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? 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. Spanioli: Thank you. RE.5 RESOLUTION 14-00675 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE USE OF APPROXIMATELY 13,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE STORAGE OF CONSTRUCTION MATERIALS, EQUIPMENT AND STAGING OF A MOBILE CRANE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. City ofMiami Page 54 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.6 14-00832 14-00675 Summary Form.pdf 14-00675 Legislation.pdf 14-00675 Exhibit A. pdf 14-00675 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item RE.5 was deferred to the October 23, 2014, Planning and Zoning Commission Meeting. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON AUGUST 26, 2014. 14-00832 Unofficial Results.pdf 14-00832 Legislation.pdf 14-00832-Submittal-Official Results.pdf 14-00832-Exhibit-SUB. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0341 Chair Gort: RE.5. ToddB. Hannon (City Clerk): RE.5 was -- Daniel J. Alfonso (City Manager): RE.5 was -- Mr. Hannon: -- deferred to October 23. Would you like to move on to RE. 6? Chair Gort: Yes, right. RE.6 Mr. Hannon: RE.6 is a resolution of the Miami City Commission officially accepting the City Clerk's certification and declaration of the official results of the City ofMiami special municipal election held on August 26, 2014. For the record, I'm submitting into the record the certification and declaration of the official results, in addition to the certified official results from the Miami -Dade County Canvassing Board. Chair Gort: Thank you. That's a very good report. I went through it. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second. City ofMiami Page 55 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: Second by Vice Chairman Hardemon. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RE.7 RESOLUTION 14-00708 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NICHOLSON CONSTRUCTION CO., A FOR PROFIT CORPORATION, FOR THE USE OF APPROXIMATELY FIVE (5) ACRES OF THE CITY -OWNED PROPERTY LOCATED ON A PORTION OF VIRGINIA KEY AT 3801 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR USE OF EQUIPMENT TRANSPORT, CLEAN FILL STOCKPILING AND BARGE LOADING AND UNLOADING ACTIVITIES IN CONNECTION WITH THE NORRIS CUT TUNNEL PROJECT, PROVIDING FOR CONSIDERATION IN THE FORM OF A ONE TIME PAYMENT OF $50,000.00 AND THE PROVISION OF OVER 30,000 CUBIC YARDS OF CLEAN FILL; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 14-00708 Summary Form.pdf 14-00708 Legislation.pdf 14-00708 Exhibit.pdf 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-14-0342 Chair Gort: RE.7. Mark Burns: Good morning, Commissioners. Mark Burns, interim director of Public Facilities. RE.7 is a revocable license with Nicholson Construction in order to use a portion of Virginia Key Beach Park, in exchange for $50, 000 one-time payment and a donation of over 30,000 cubic yards of clean fill. Chair Gort: Thank you. I have a question. This dirt that we receiving, has it been analyzed and it's been checked out? Daniell Alfonso (City Manager): It's the sand that is under the ocean as you go across, so, no, it hasn't been analyzed. Chair Gort: I understand. If you recall, when we got the sand or the dirt from the tunnel, the digging of the tunnel, they had to go through a process where it have to be approved. I don't want the same thing to happen in the past in the parks. The data has not been certified by the County as a good land and then we use it and put it somewhere, and then we get the problems that we have today. Mark Spanioli (Director, Capital Improvements Program): Commissioner, Mark Spanioli again. City ofMiami Page 56 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.8 14-00882 District 4- Commissioner Francis Suarez The same process will be utilized that we utilized for the fill we took from the Port ofMiami Tunnel project. The fill was tested, and it was sampled to be clean. This fill material is coming from below bay bottom. So when you look at it, it's pretty much virgin -- it looks like sand, but it will be tested. Chair Gort: I would like to see it tested, because I don't want to go through the same problem we've had in the past, okay? Mr. Burns: Okay. Chair Gort: Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE 113TH UNITED STATES CONGRESS TO ENACT THE "BELLA BILL" TO ADVANCE PEDIATRIC CANCER RESEARCH; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 14-00882 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0343 Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you -- Chair Gort: -- you got a request. Commissioner Suarez: Thank you, Mr. Chairman, for allowing me to take RE.8 out of order. On a day like today, where we remember the tragic events of 9/11, I'd like to take a moment to commemorate, in my opinion, life. Andl think even though the loss of Bella Rodriguez -Torres was a tragedy in and of itself for this community and for her family, to me, her legacy is a legacy of life. She has inspired, she has created, and this Saturday I'll be very fortunate to attend a ball in her honor that is going to be raising funds for pediatric cancer. She has -- she is a game changer. And what I'd like to advance today is a resolution of the Miami City Commission City ofMiami Page 57 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 urging, demanding from the 113th United States Congress to enact the "Bella Bill" to advance pediatric cancer research; directing the City Clerk to transmit the copy to the elected officials as stated herein. And when I started doing research on this, and with the help of our FOP (Fraternal Order of Police) president, who I thank for his involvement and his steadfast support of Bella, both in life and after life, I was startled at some of the statistics and some of the information, and so I don't typically read out resolutions all the way through, but I think this one's worthy of that. Whereas Bella Rodriguez -Torres was only four years old when she suddenly became paralyzed overnight and diagnosed with stage four pediatric cancer -- and say that in the context of my six-month old, who's in the back there with my wife, and only imagining what that must have been like for you and your family. Whereas, despite being given a life expectancy of only a few months, Bella inspirationally fought her disease for almost six years; and whereas Bella's life and legacy have brought great awareness to pediatric cancer and the need for greater research and support; and whereas pediatric cancer is one of the leading causes of death of children; and whereas, according to Kids versus Cancer, each year around 13,500 children are diagnosed with cancer in the United States, the equivalent of more than a classroom of kids a day; and whereas about 35,000 children are currently in treatment for cancer, and some 25 percent of all kids who are diagnosed with cancer ultimately pass away; and whereas cancer kills more children than AIDS (Acquired Immunodeficiency Syndrome), asthma, diabetes, cystic fibrosis, and congenital anomalies combined; and whereas more children die of cancer every year than did adults in the tragic events of September 11; whereas the average age of death for a child with cancer is eight, resulting in the child's loss of 69 years of life expectancy; and whereas funding from both the private and federal government for pediatric cancer research is scarce; and whereas, despite significant advances in adult cancer research, there has only been one drug specifically approved for pediatric cancer in the last 20 years; whereas of the approximately 120 new adult cancer therapies approved by the U.S. (United States) Drug -- FDA (Food and Drug Administration) between 1948 and 2003, only 30 have been shown useful for treatment in children; and whereas this disparity is the number of oncology drugs labeled for use in adults, as opposed to children, is a manifestation of the many challenges pediatric cancer drug development faces; whereas the "Live Like Bella Foundation" -- that's why this is a celebration of life -- for children's cancer has developed federal legislation, entitled the "Bella Bill, " to address the challenges associated with pediatric cancer drug development; and whereas the Bella Bill would offer a unique legislative solution to spark innovations specifically for pediatric cancer, allowing children to benefit sooner from the vast funding, research and innovation that is currently ongoing for adult cancers; and whereas the Bella Bill would ensure that no specific entity bears the financial or legal burden of this important and much -needed initiative to help save children's lives; and whereas a regulation of new drugs in the United States is based on a new drug application to the FDA; and for many decades, every new drug has been the subject of a review and approval process before being made available to the public; and whereas the Bella Bill would additionally ensure that as each new cancer drug moves through the FDA approval processes, researchers will test the drug as a possible treatment for the 12 major types of pediatric cancer; and whereas, if a new cancer drug shows efficacy against any of the 12 pediatric cancers, the Bella Bill would require further testing of the drug, where the outcomes of the test related to pediatric cancer excluded from the final outcomes so as not to adversely affect the results for adults, should the pediatric results be negative; and whereas this change in how new cancer drugs are reviewed would allow children with cancer to benefit from cancer drug research sooner and not be left out of new treatment options because of the advanced status of their diseases; and whereas the Miami City Commission would like to express its support for Bella's father and for our President for the Bella Bill and urge Congress to enact the Bella Bill, now therefore, be it resolved by the City of Miami Commission that we urge the 113th United States Congress to enact the Bella Bill, with a copy transmitted to all affected parties. Mr. Chairman, I'd like to make that motion. I'd like to invite Bella's father up to the podium for a few seconds to share his thoughts. Raymond Rodriguez -Torres: Good morning, and I have to say that I'm touched. I am a father who's part of a club that no one would ever want to be with. I held my child in her first breath City ofMiami Page 58 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 on earth and then her very last. And as challenging as that is and it sounds, I am also a man who can say without equivocation that this City, this community has supported our family and Bella's legacy in an extraordinary way. But today, and what's before you now, is not just about supporting our family and supporting Bella's legacy. This is a day where our pain turns into progress for Bella's friends everywhere around the United States. This bill would level the playing field so that children have a shot at innovation now . It places no financial burden on any particular one entity and would accelerate the advancement of drug development for children, which is so desperately needed. And so on behalf of my family, the "Live Like Bella Foundation, " I want to say thank you for considering this. I want to thank you, Commissioner Suarez, for proposing this resolution. And look forward to the day very soon where we begin to see great advancements in childhood cancer and to the day that no parent has to hear the words thatl did: "Your child will die." Thankyou all, and God bless you. Vice Chair Gort: Thank you. Commissioner Suarez: It's pretty clear to me, Mr. Chairman Applause. Commissioner Suarez: Mr. Chairman Chair Gort: Let me tell you, last week we had the League of City board meeting to all the cities, and they all presented a proclamation requiring the -- reminding people that the month of September is Pediatric Cancer Research Awareness Month. That's why we're wearing this. We got to make it -- everybody aware. People not aware of what the Commissioner just read a little while ago, what -- the little research that's been doing for pediatric cancer, and we need that. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Further discussion? Commissioner Suarez: Real quick, Mr. Chairman. I just want to say, it's -- you know, I have a deep belief in the Higher Power, andl think it's clearly apparent that not only did Bella have an extraordinary father, which is, I'm sure, a big reason she explayed [sic] and displayed the character that she did in her fight, but it's clear now that all children who are currently suffering from cancer and who may be stricken with cancer in the future have a very powerful advocate. So thank you so much for your advocacy. Thank you, Mr. Chair. Chair Gort: Thankyou. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: It'll go out today. RE.9 RESOLUTION 14-00895 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING Commissioner SUPPORT FOR THE STATE AND PEOPLE OF ISRAEL; DIRECTING THE Francis Suarez CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL MEMBERS OF THE FLORIDA CONGRESSIONAL DELEGATION, THE UNITED STATES SECRETARY OF STATE, THE UNITED STATES AMBASSADOR TO ISRAEL AND TO PRESIDENT BARACK OBAMA. City ofMiami Page 59 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 14-00895 Legislation.pdf 14-00895-Submittal-Commissioner Sarnoff-Op Ed.pdf 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, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0344 Chair Gort: Three -oh -four. Commissioner Suarez, you have a time certain. While we're waiting for Commissioner Suarez -- he should be in a minute. Time certain. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. Mr. Mayor, it's my distinct honor and privilege to bring forth for this Commission's consideration RE. 9. A prominent businessman once recounted to me how a prominent Jewish businessman put out a one page ad in the Miami Herald during the Mariel Boatlift welcoming Cubans to the City ofMiami and preaching tolerance, andl think that was a water -shed moment where this City understood that we are one people, that we stand together. And on this very special and solemn occasion of September 11, it became apparent to me that that story was an inspiration to advance this very important piece of legislation to express our solidarity with the Jewish people of the world and of the City ofMiami. Since June of this year, a radical terroristic organization has increased its attacks on the Israeli homeland, and on a day such as today, we're very fortunate to be able to support the efforts of preserving the Israeli State. So I'd like to just take a minute, as I did earlier today, to read this resolution into the record and make the motion in support, and then invite our distinguished guest to come up and say a few words, the Consul General oflsrael, Chaim Shacham, as well other distinguished guests. This is a resolution of the Miami City Commission expressing support for the State and people oflsrael; directing the City Clerk to transmit a copy of this resolution to all members of the Florida Congressional Delegation, the United States Secretary of State, the United States Ambassador to Israel, and to President Barack Obama, and then also, if the Mayor also would like to speak on this, of course he's welcomed to come up and say a few words as well. I've had the opportunity of attending several events with him in support of the Jewish community ofMiami over the years. Whereas Israel remains a force for freedom and democracy in the Middle East. -- and by the way, we do -- I do get the share this dais with one of my Israeli brothers. Whereas since the country's establishment, the Israeli people have built one of the world's most dynamic cultural, economic, agricultural, and intellectual societies while confronting constant terrorism, the immense pressure of imminent war, constant missile barrages, economic boycotts and ostracism from much of the international community; and whereas the City ofMiami continues to foster a strong relationship with Israel, and it's home to one of the largest Jewish populations outside oflsrael; and whereas, the sister city to the cities of Beersheba and Ramat HaSharon in Israel and stands in solidarity with the residents of these cities; and whereas Israel is a steadfast ally of the United States and the American people; and whereas innocent civilians in Israel are indiscriminately targeted by rocket attacks that have killed and injured hundreds oflsraelis and dozens of Americans; and whereas since Israel's withdrawal from Gaza in 2005, thousands of rockets have been fired into Israel; and since June 2014, approximately 3,000 rockets have been fired into Israel; and whereas Hamas has controlled Gaza from 2007 to 2014, during which time, millions oflsraelis have lived under the constant threat of rocket attacks from Gaza; and whereas Israel has taken actions that are its right and responsibility to protect itself from these attacks upon its citizens and has also made unprecedented efforts to avoid harm to innocent civilians; and whereas the United States Secretary of State designates Hamas as a foreign terrorist organization in 1997; and whereas, in spite of these adversities, Israel has established a strong democratic political system that guarantees its people freedom of religion and speech, freedom of the press, fair and open elections, and respect for the rule of law for Jews and Arabs alike; and whereas the City shares democratic value, common strategic interests and bonds offriendship and mutual respect with City ofMiami Page 60 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Israel, which is our friend and ally in the Middle East, now therefore, be it resolved by the Commission of the City ofMiami, Florida, that the City ofMiami declares that it stands with Israel and supports Israel's right to defend and protect its citizens from the forces of tyranny and oppression to ensure the survival of the state oflsrael. My fellow Miamians, I'm sure many of you saw the President's address last night, where he said that the most threatening parts of our world are coming from the Middle East and from North Africa. I think it's incumbent upon us as citizens of the world, as Miamians and as brothers to denounce terrorism worldwide, and particularly on 9/11. So I'd just like to take a moment to invite our guests to come up and say a few words, if they'd like, and I'd like to make the motion -- yes, sir -- in support. Chaim Shaham: Thank you very much, Commissioner Suarez, for introducing this legislation, and the Commission for considering it. Thankyou very much, Mayor, for promoting this. I am very lucky to be Israel's representative here in Miami, because the ties between us are very clear and very palpable, and many of my colleagues are actually jealous that they're not here instead of me. And a day like today, we feel more than any other day the connection and a common destiny that the people oflsrael have with the people of United States, as a bastion of democracy in the unstable and terrorist -ridden Middle East. We have common values and common goals. As a nation of immigrants, we have a special understanding of cities like Miami as well, andl can only repeat our profound appreciation and deep gratitude that the City ofMiami has shown solidarity with us in these our times of need. Thank you very much. Commissioner Suarez: Thank you. Chair Gort: Thankyou. Applause. Juan Dircie: Dear Mayor Regalado, dear Commission Chairperson W fredo Gort, dear Commission Vice Chairperson Keon Hardemon, dear Commissioners, dear Consul General of Israel, Chaim Shaham, City authorities, ladies and gentlemen, good afternoon. My name is Juan Dircie, and I'm the associate director for AJC's Latino and Latin American Institute. For more than a century, AJC has been the leading global Jewish advocacy organization with offices across the United States and around the globe, in partnership with Jewish communities worldwide. AJC works to enhance the well-being of Jewish people and to advance human rights and democratic values for all. Today, 13 years ago, nearly 3,000 people from different backgrounds and faith were murdered in simultaneous heinous terrorist attacks against our nation. We were attacked by radical Islamic forces, not because of a specific policy, but because of who we are. Over the summer, hundreds of people from different backgrounds and faith were killed at the consequences of terrorist campaign orchestrated by the radical Islamic organization Hamas, based in the Gaza Strip. The State oflsrael, one of our nation's most reliable allies in the entire globe, was once again threatened by the Hamas. Over the summer, more than 70 percent of Israel's population was in an absolutely intolerable situation with only 15 seconds to reach a safety shelter from the senseless, indiscriminate, round-the-clock Hamas attack. Today it's time for remembrance. It's also time to speak out for our friends and allies who are facing the threat of the same terrorist voices which want to destroy the American spirit 13 years ago. I would like to congratulate Commissioner Francis Suarez for his leadership role in presenting this extremely important resolution, which highlights the unique and incredible bonds that tie our country with the State oflsrael and the citizens of the City ofMiami with the citizens oflsrael, the only democracy in the Middle East. Thank you so much, Commissioner Suarez, for such a commendable initiative. Thankyou so much. Applause. Mayor Tomas Regalado: Good afternoon, Commissioners. Thank you, Commissioners Suarez. I think that it's important that the City of Miami takes a stand in this important issue for many City ofMiami Page 61 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 reasons. First, as has been said, Israel is the only functioning democracy in the Middle East. It's the best ally -- I would say the only ally -- that we have in the Middle East, but it's more than that. The ties that we have with the people oflsrael, it's important. Miami is going to be 119 years old next July; and here in the City of Miami, we have the first synagogue in South Florida. Last year we celebrated in Beth David, and you were there, a hundred years of this temple. But it's more than that. I have had the pleasure of being in Israel several time as a reporter, visiting and Israel, Jerusalem, Tel Aviv is like Miami. You have different communities. People that did aliyah, the -- and a lot of people did aliyah to the United States, although they did it for other reasons -- force -- but they had different areas, and we have Little Haiti, Little Havana, Little Honduras, and we are similar, and -- But I think that the biggest tie is that the people oflsrael and the people ofMiami, they know what democracy is, they know what freedom is. So I want to thank you. And it's important that the City takes a step. Thank you. Commissioner Suarez: Thank you, Mr. -- Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman, ifI may just say one thing? Chair Gort: Okay. Is this a motion? Commissioner Suarez: I'd like to make the motion. I'd like to dedicate this in a special way to a dear friend of mine, Leon Skornicki, who -- I call him my guardian angel. He was -- he help guide me through my first election, and he's in New York now, happily married, and hopefully get him down here to Miami one day. Chair Gort: Is there a second? Commissioner Sarnoff Second. Chair Gort: Second. Discussion. Commissioner Sarnoff Yeah. Not -- Commissioner, not to, in any way, take away from what you've done, because I think you've done -- on two issues today has been absolutely fantastic. I think you're the only Commissioner I did share an op-ed that I'd like to read with your permission -- Commissioner Suarez: Of course. Commissioner Sarnoff -- into the record. Very disappointing, andl want to put everybody back, 'cause much has happened over the summer. You think about it, this has been a summer of many things going on. So on July 30, 2014 I wrote an op-ed -- or a hoped op-ed to the Miami Herald, which they graciously thanked me and said they would not print it. I'd like to read the op-ed because it does, in part -- well, in the most part, deal with Israel and deals with America's unqualified support. I then would like to show you a couple of news articles since then and maybe where we find ourselves today. So with your permission, Mr. Chair, I'd like to read it. Chair Gort: Go right ahead. Commissioner Sarnoff So is America's policy of unilateral disengagement creating America's window of vulnerability described by Ronald Reagan in the '80s? No elected official occupies office without the virtues or baggage of its prior incumbent successes or failures. There is no clean slate to write a vision without restraint of its predecessor's decisions. The President had much to overcome from his predecessor, but with time, ownership of the office is transferred without qualification. Bob Shieffer's recent words are a wake-up call. `7 don't know want to City ofMiami Page 62 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 sound like an alarmist, but in my 40 years as a journalist, I have never seen the world in so much conflict and America so disengaged, where former Secretary of State Madeleine Albright's statement on Face the Nation, 'The world is a mess.'" We lose credibility when we draw lines and fail to take actions when they're crossed. The Gaza underground tunnels afford Hamas, the movement of Iranian -supplied missiles to rain down on Israel. In failing to negotiate a status of forces agreement from Iraq, the United States lost the opportunity to maintain a military force, not to engage, but capable of directing the Iraqi military to coordinate defensive positions against ISIS (Islamic State in Iraq and Syria). If ISIS is too radical for Al Qaeda, what will Syria, Iraq, and Iran look like in three years? Who will be in control of some of the largest oil reserves in the world? Finally, the downing of Flight 17 by a Russian man and operated Buk SAM-11, surface-to-air missile, with the loss of 298 lives, let alone the unilateral annexation of Crimea dictates that a bully needs to be put in his place. Although imposing sanctions, there is and will be no real effect by limiting a few friends ofPutin's money from one international bank to another. Putin denies the installation of sophisticated listening base in Cuba and the opening of a military base in Venezuela, despite incontrovertible satellite imagery, placing Russia right back where the Soviet Union was in the Cold War, an American hemispheric influencer. The world learned through Neville Chamberlain the doctrine of appeasement, or non -engagement, is a delay tactic inevitably seeing a more brutal end. As a senior in his time, limited demonstrating -- as a senior in his time is limited, demonstrating the acuteness of his dilemma, Putin has less than a decade to restore the Soviet Union, Russia, to its world power, and he, unfortunately, has the economic machine to do so, with Russia being the largest supplier of energy and Europe hooked to its supplier, muzzling its actions. China has recently signed a long-term agreement with Russia for its energy needs and is now muzzled to its -- now has a muzzled response to the killing of 298 civilians in a commercial airline. The President's policy of unilateral disengagement can be traced back to the savings envisioned for peace: no large military to feed, clothe or pay; no large weaponry to further drag down our economy, arguably, allowing for the rebuilding of America. However, this logic is skewed with the world supply of energy coming from Russia and the Middle East and the imagined savings, and will be paid at the pump by every American, rich and poor, with the effects visited directly to the poor through 6 to $7 a gallon of gas. America has always been a world leader and, at times, mistakenly a world cop and nation builder. We should not make the same mistakes again, for those who fail to know history are doom to repeat it, but we must lead and take bold moves to prevent the creation or recreation of Putin's vision of Russia through his Soviet eyes, or, more importantly, the world spread of radical Islam. We must agree and select -- we must engage in selective engagement, which embraces the real politic as opposed to the ideal politic. Selective containment of those who oppose America's interests must be practiced. We must become more strategic and less idealogic in our view of Islamist expansion. Our goals must be realistic and focused. We must unqualifiably [sic] support Israel. In 2007 the City ofMiami passed a law preventing the City from investing either directly or indirectly in Iran, Cuba, and North Korea. At the next Commission meeting, I will ask the resolution be amended to include Russia, Syria, and Venezuela. Sanctions have their place, but they must be directed and effective. Europe's recent sanctions do not ban existing sales of Russian arms, energy, the sale of technology to Russian oil companies, and finance by blocking three additional banks. The policy of non -engagement must create a window -- must not create a window of vulnerability, whether actual or perceived, because to a bully, perception is the same as reality. Fathers study war so their sons can study engineering, so their sons can study art and culture. Mr. Chair, I have a discussion item, which I'd like to bring up as soon as we vote on this item. And while the Herald didn't print this article, the Wall Street Journal, four days later, printed former Senator Lieberman's article, where he expressed a policy of selective engagement. He also quoted Madeleine Albright with "Her World Is a Mess." Fourteen days later, the Wall Street Journal printed an article where it -- now the White House has to give the approval, even down to the smallest bullet, for Israel. Folks, sometimes in this country, you simply have to support your friends, and you can't play both sides of the fences. So, Commissioner Suarez, I absolutely salute you for this. This is something that I think what little we can do is subsequently pass a resolution that would somewhat foster that we do not support, whether it's through our pension plans, whether it is through any kind of City ofMiami Page 63 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.10 14-00681 Department of Capital Improvement Programs/Transportat ion RE.11 14-00661 purchase of gas, through Citgo with Venezuela, and that we show people that maybe the best way the City ofMiami can do something is with our wallet. We will not spend any kind of money supporting terrorist countries, and that we put them on a terrorist list that we actually maintain ourselves. So I absolutely support you on this. I think it was a great, great idea, great call, andl hope -- well, I know it'll pass. Chair Gort: Thankyou. Anyone else? You know, a lot of times people ask us why, in the City of Miami, we get involved in international law, international issues, and it's very important. The City ofMiami, anything that happens throughout the world, most of the refugees, most of the people in exile, a large percentage come to the City ofMiami, so we understand what the problem is. We understand how important democracy is in the world. So, Commissioner Suarez, thank you for bringing this up. And now no further discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Chair Gort: Thankyou. God bless you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS APPROPRIATIONS RESOLUTION NOS. 14-0306 AND 14-0307, BOTH ADOPTED JULY 24, 2014 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 14-00681 Summary Form.pdf 14-00681 Pre-Legislation.pdf 14-00681 Legislation.pdf 14-00681 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE.10 was deferred to the September 29, 2014 Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS APPROPRIATIONS RESOLUTION NOS. 14-0306 AND 14-0307, BOTH ADOPTED JULY 24, 2014, AMENDING CAPITAL IMPROVEMENTS APPROPRIATION OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND - SERIES 2009, BEING ACCEPTED AT SAME COMMISSION MEETING, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. City ofMiami Page 64 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 14-00661 Summary Form.pdf 14-00661 Legislation.pdf 14-00661-Exhibit-S U B. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0345 Commissioner Sarnoff. Time certain. Chair Gort: RE.8. Commissioner Sarnoff. Isn't that time certain? ToddB. Hannon (City Clerk): RE.8 was already taken up by the Commission. RE.9 is next. Commissioner Sarnoff. Time certain, isn't it? Mr. Hannon: RE.9. Vice Chair Hardemon: It's time (UNINTELLIGIBLE). Mr. Hannon: Yes, sir. I believe that is for 3 p.m. Commissioner Sarnoff. Lunch on you? Vice Chair Hardemon: That's correct. Mr. Hannon: Commissioner, lunch is on me. You want to save that for the second budget hearing and I'll get you dinner? Commissioner Sarnoff. No. You're right, you're right, because I -- you know, when I have to do your job, I should at least get compensated. Chair Gort: RE.10 has been deferred. Daniell Alfonso (City Manager): Yeah, 10 was deferred, so RE.11, Commissioner. Chair Gort: RE.11. Mark Spanioli (Director, Capital Improvements Program): Good morning again, Commissioners. RE.11 is our standard capital appropriations item. In the resolution it makes reference to RE.10, so we'd like to strike out that language in the resolution, basically removing "amending Capital Improvements appropriation of Homeland Defense/Neighborhood Improvement Bonds Series 2009 being accepted at same Commission meeting." Commissioner Sarnoff. So moved. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in City ofMiami Page 65 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 RE.12 14-00873 Department of Capital Improvement Programs/Transportat ion favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Hannon: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING REIMBURSEMENT GRANT ("GRANT") FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") ECONOMIC DEVELOPMENT FUND PROJECT 124 OF BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, IN AN AMOUNT NOT TO EXCEED $6,000,000.00, FOR THE FLAGLER STREET RECONSTRUCTION PROJECT, B-30606; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT WITH THE COUNTY FOR THE GRANT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00873 Summary Form.pdf 14-00873 Resolution - Miami -Dade County.pdf 14-00873 Pre-Legislation.pdf 14-00873 Legislation.pdf 14-00873 Exhibit - Agreement.pdf 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-14-0346 Chair Gort: Okay, RE.12. Mark Spanioli (Director, Capital Improvements Program): RE.12, Commissioners. This is a $6 million grant from Miami -Dade County in the General Obligation Bond/Economic Development funds. This is for the reconstruction of Flagler Street. As you know, this board has heard a previous item for the special assessment for a million dollars from the property owners. In addition, the Commission has approved the allocation of $6 million of street bond funds. This would make the project whole in the funding. Chair Gort: Okay, thank you. Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been 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. Spanioli: Thank you. City ofMiami Page 66 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 BC.1 14-00845 RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Tomas Regalado 14-00845 Arts CCMemo.pdf 14-00845 Arts Current_Board_Members.pdf NO ACTION TAKEN BC.2 RESOLUTION 14-00846 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Riesco Commissioner Frank Carollo 14-00846 Audit CCMemo.pdf 14-00846 Audit Current_Board_Members. pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0348 Nicole N. Ewan (Assistant City Clerk): And I'm going to go back to BC.2, Audit Advisory Commiss -- Committee. Commissioner Carollo will be reappointing Jose Riesco. Commissioner Carollo: So move. Chair Gort: Moved by Commissioner Carollo; seconded by Vice Chairman Hardemon. Any further discussion? Being all, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Ewan: That conclude the board and appoint -- committees, untill get the full Commission back for the four fifth and five five term waivers. Thank you. City ofMiami Page 67 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: Thankyou. Well, we'll break, and we'll come back at 3 o'clock. Daniell Alfonso (City Manager): Commissioners, do you want to discuss some of the DI (Discussion) items; the hiring of police, those type of things? Chair Gort: The one I want to discuss, I want to make sure all the Commissioners are here. Mr. Alfonso: Oh, okay, all right. Chair Gort: Thankyou. Commissioner Carollo: And -- I'm sorry, Commissioner. Which DI item? 'Cause I know at 3, I will not be here. I will come back, but by that time. So I just want to know what DI -- Chair Gort: DI is -- Mr. Alfonso: I didn't realize it was 12 already. Chair Gort: Yes, it is. -- is the police report. Commissioner Carollo: Got you. Okay. Chair Gort: And what else? Commissioner Carollo: Got you. Mr. Alfonso: Okay, we have the police report, the Charter amendment, appointments; I think we have two districts still missing and -- Commissioner Sarnoff. Right. Chair Gort: And my discussion items, andl want everybody to be here. Ms. Ewan: Chair, just to confirm, we're coming back at 3 o'clock? Chair Gort: Three o'clock. Ms. Ewan: Thankyou. BC.3 RESOLUTION 14-00605 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jesse Manzano Commissioner Francis Suarez Alex Cardenas Commission -At -Large City ofMiami Page 68 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 14-00605 Bayfront CCMemo.pdf 14-00605 Bayfront Current_Board_Members.pdf 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-14-0349 Chair Gort: RE.12. Vice Chair Hardemon: That was 12. Chair Gort: That was done. That was 12. That's it. Vice Chair Hardemon: Boards and Committees. Chair Gort: Close the door. Nicole N. Ewan (Assistant City Clerk): Good morning, Chair, Commissioners. I do have some four fifth and five five, so I'll come back to those once we have a full Commission. Chair Gort: Okay. Ms. Ewan: We're going to start with BC.3, Bayfront Park Management Trust. Commissioner Suarez will be reappointing Jesse Manzano. There is one Commission at -large appointee, and Commissioner Carollo has proffered to reappoint Alex Cardenas. Chair Gort: Okay, do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Being no further discussion, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.4 RESOLUTION 14-00847 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk ATTENDANCE BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO VISHWANI RAMLALAS A MEMBER OF THE CIVIL SERVICE BOARD. 14-00847 Civil Service CCMemo.pdf 14-00847 Civil Service Current_Board_Members.pdf 14-00847 Civil Service Exec Sec Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 69 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0350 Nicole N. Ewan (Assistant City Clerk): I'm going to go back to BC.4, Civil Service Board. This is a resolution of the Miami City Commission waiving the attendance by a four- fifth affirmative vote as it relates to V shwani Ramlal as a member of the Civil Service Board. Ms. Ramlal, she's an elected member on the board, and she was absent on family medical leave. She's now back and has returned to work, and the board is requesting an attendance waiver. Commissioner Sarnoff.. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.5 RESOLUTION 14-00848 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rolando Aedo Civilian Investigative Panel Rafael Cabrera Civilian Investigative Panel 14-00848 CIP CCMemo.pdf 14-00848 CIP Current_Board_Members.pdf 14-00848 CIP Memo and Resumes.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0351 A motion was made by Commissioner Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, with Commissioner Suarez absent, to appoint Rolando Aedo as a member of the Civilian Investigative Panel; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Rolando Aedo as a member of the Civilian Investigative Panel. Nicole N. Ewan (Assistant City Clerk): BC. 5, Civilian Investigative Panel, Commissioner Sarnoff is requesting to reappoint Rolando Aedo, with a four fifth attendance waiver, and City ofMiami Page 70 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 BC.6 14-00304 Commissioner Suarez will be appointing Rafael Cabrera to the seat for District 4. Chair Gort: Do I have a motion? Commissioner Sarnoff. So moved. Vice Chair Hardemon: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Carollo. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.7 14-00851 APPOINTEES: (Alternate Member) (Alternate Member) 14-00304 CEB CCMemo.pdf 14-00304 CEB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00851 CRB CCMemo.pdf 14-00851 CRB Current_Board_Members.pdf 14-00851 CRB Memo and Resumes.pdf NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff City ofMiami Page 71 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 NO ACTION TAKEN BC.8 RESOLUTION 14-00393 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00393 CSW CCMemo.pdf 14-00393 CSW Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION 14-00850 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk RESIDENCY REQUIREMENT BYA FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO SAMAIYAH ENGRAM AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN. 14-00850 CSW CCMemo.pdf 14-00850 CSW Current_Board_Members.pdf 14-00850 CSW Residency Compliance Form.pdf NO ACTION TAKEN BC.10 RESOLUTION 14-00852 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Goyanes (Term 9/1/2014 through 8/31/2018) DDA Board of Directors City ofMiami Page 72 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Alan Ojeda (Term 9/1/2014 through 8/31/2016) Alvin West (Term 9/1/2014 through 8/31/2018) Kim Stone (Term 9/1/2014 through 8/31/2018) 14-00852 DDACCMemo.pdf 14-00852 DDA Current_Board_Members.pdf 14-00852 DDA Memo and Resumes.pdf NO ACTION TAKEN BC.11 RESOLUTION 14-00853 DDA Board of Directors DDA Board of Directors DDA Board of Directors Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF NEISEN KASDIN AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS DESIGNATED HEREIN. 14-00853 DDACCMemo.pdf 14-00853 DDA Current_Board_Members.pdf 14-00853 DDA Memos and Resume.pdf NO ACTION TAKEN BC.12 RESOLUTION 14-00394 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Luis Mata Commissioner Francis Suarez 14-00394 EAB CCMemo.pdf 14-00394 EAB Current_Board_Members.pdf 14-00394 EAB Resume.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez City ofMiami Page 73 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 R-14-0352 Nicole N. Ewan (Assistant City Clerk): BC.12, Education Advisory Board. Commissioner Suarez is requesting to reappoint Luis Mata to the board. Chair Gort: Okay, do I have a motion? Commissioner Carollo: So moved. Chair Gort: It's been moved by Commissioner Carollo; second by Vice Chairman Hardemon. All in favor, state it by saying aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 14-00862 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez AFSCME 871 IAFF FOP 14-00862 EOAB CCMemo.pdf 14-00862 EOAB Current_Board_Members.pdf 14-00862 EOAB Memo and Resume.pdf NO ACTION TAKEN BC.14 RESOLUTION 14-00863 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. City ofMiami Page 74 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 APPOINTEE: NOMINATED BY: Fausto Alvarez Chair Wifredo (Willy) Gort 14-00863 Finance CCMemo.pdf 14-00863 Finance Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0353 Nicole N. Ewan (Assistant City Clerk): BC.14, Finance Committee, Chair Gort will be reappointing Fausto Alvarez. Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. All in favor, state it by saying aye." The Commission (Collectively): Aye. BC.15 RESOLUTION 14-00864 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Elizabeth Warwick AT -LARGE (AFSCME 1907) Luis Fernandez AT -LARGE (AFSCME 1907) 14-00864 GESE CCMemo.pdf 14-00864 GESE Current_Board_Members.pdf 14-00864 GESE Memos and Resumes.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0354 Nicole N. Ewan (Assistant City Clerk): BC.15, General Employees and Sanitation Employees City ofMiami Page 75 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Retirement Trust, AFSCME (American Federation of State, County and Municipal Employees)1907, is requesting to reappoint Elizabeth Warwick and is requesting to appoint Luis Fernandez. Vice Chair Hardemon: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.16 RESOLUTION 14-00865 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00865 Homeland CCMemo.pdf 14-00865 Homeland Current_Board_Members.pdf NO ACTION TAKEN BC.17 RESOLUTION 14-00869 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commission -At -Large City ofMiami Page 76 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 14-00869 MIC CCMemo.pdf 14-00869 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.18 RESOLUTION 14-00396 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00396 MSEACCMemo.pdf 14-00396 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.19 RESOLUTION 14-00866 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Manuel Vadillo Commissioner Francis Suarez 14-00866 PZAB CCMemo.pdf 14-00866 PZAB Current_Board_Members.pdf 14-00866 PZAB Applications. pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0355 Nicole N. Ewan (Assistant City Clerk): BC.19, Planning, Zoning & Appeals Board, Commissioner Suarez is requesting to appoint to a vacant position Manuel Vadillo. Vice Chair Hardemon: And those are district -wide appointments, correct? City ofMiami Page 77 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Ms. Ewan: You also do have two appointments on there. Currently, you have Charles Gibson and Ernest Martin, whose term has expired. They have submitted applications for reappointments to that board. Vice Chair Hardemon: So both of those terms have expired? Ms. Ewan: That is correct. Vice Chair Hardemon: And at this point I can appoint two new PZAB (Planning, Zoning & Appeals Board) members ifI want to. Ms. Ewan: We -- this is through an application process. We only have received two applications, which is from Mr. Gibson and Mr. Martin. Vice Chair Hardemon: But I could always re -- Ms. Ewan: Yes, you can. Vice Chair Hardemon: -- advertise? Ms. Ewan: At another time, that is correct. Vice Chair Hardemon: Okay. All right. Ms. Ewan: So the motion will be only to appoint Manual Vadillo at this time? Vice Chair Hardemon: Which is another -- Ms. Ewan: That's from -- correct. Vice Chair Hardemon: That's correct. Yes. Chair Gort: All right. Vice Chair Hardemon: Move it. Chair Gort: It's been moved by Vice Chairman Hardemon. Do I have a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. All in favor, state it by saying aye." The Commission (Collectively): Aye. BC.20 RESOLUTION 14-00313 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff City ofMiami Page 78 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00313 UDRB CCMemo.pdf 14-00313 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.21 RESOLUTION 14-00867 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.22 14-00868 Office of the City Clerk APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00867 VKBPT CCMemo.pdf 14-00867 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR ATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Steven Wernick Commissioner Francis Suarez 14-00868 WAB CCMemo.pdf 14-00868 WAB Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez City ofMiami Page 79 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 DI.1 14-00802 City Commission R-14-0356 Nicole Ewan (Assistant City Clerk): And the last one I have at this time is BC. 22, Waterfront Advisory Board. Commissioner Suarez will be reappointing Steven Wernick. Vice Chair Hardemon: So move. Chair Gort: Been moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. All in favor, state it by saying aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00802 Cover Page.pdf 14-00802-Submittal-City Manager's Memo -Police Department Hiring and Staffing Update.pdf DISCUSSED Chair Gort: Discussion 1. Dl. Commissioner Sarnoff. Chief it's the same thing you would have said at the budget hearing, right? We have 13 cops down? Manuel Orosa (Chief of Police): Actually, 14; one just retired this morning. Commissioner Sarnoff. Who was he? Chief Orosa: A sergeant that worked in the -- been on the department for 28 years and they sold some property, became well off and she decided to -- but her husband's still here; still a little bit younger. Commissioner Sarnoff. Okay. I don't think anybody wants to -- thanks, Chief. Chief Orosa: Yes, sir. DI.2 DISCUSSION ITEM 14-00730 CIP Independent REPORT OF FINDINGS BY THE CIP INDEPENDENT REVIEW PANEL. Review Committee 14-00730 Back -Up - Directive.pdf 14-00730 Back -Up from Law Dept.pdf DISCUSSED Chair Gort: At this time I have two items: CIP (Civilian Investigative Panel) Independent Review Committee report is here, time certain. City ofMiami Page 80 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Christine King: Good morning. Chair Gort: Good morning. Ms. King: Christine King, vice chair of the CIP Independent Review Committee. I'm here to make a report to you. We have taken testimony from all members involved in the process in our meeting on the 15th to do our final report and would like to have a report to you at your next Commission meeting. We didn't realize the extent of this review that had to take place. We've met several times. We've heard testimony from several entities, staff members, and the like, with respect to the charge that you've given us, and we are more than hopeful that we can get the report to you at your next Commission meeting. Commissioner Suarez: Mr. Chairman. Chair Gort: Well, thank you, ma'am. Appreciate it. Any questions? Commissioner Suarez: Just very quickly, Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: First of all, thank you for your service. I want to thank you and all the other members of the committee who, obviously, on a volunteer basis. I just want to kind of fill you in. You're giving us a status report. I want to give you a status report of where we're at. You know, we're in the process of our budget. Ms. King: Yes. Commissioner Suarez: And there's been discussion about, for lack of a better word, a potential settlement with the independent counsel, and we are very much looking forward to hearing your report, because, you know, it is a position -- I can -- I think can -- I don't want to put words in my colleague's mouth, but I think we are very wary of the possibility of spending more public funds in a scenario which we feel, contractually, it's not required. So we have to make very tough choices with reference to funding options, police officers, et cetera, and we just want a clear communication to you and from you regarding this very sensitive issue, because I think there are many people in the community that are looking for some finality to this process, andl think we've taken tremendous strides and made a lot of effort on the Commission side to try to straighten out what are some of the problems in this very, very important board that serves the citizens of the City ofMiami, approved for by the citizens of the City ofMiami. So, you know, we hope that your report sheds a lot of light on that, because we really need to make a decision and move forward very, very expeditiously. Ms. King: I believe our report will -- it is exactly the charge that you've given us. We are aware of the settlement, but our report will not have any -- Commissioner Suarez: Recommen -- Ms. King: -- that settlement does not have any basis in our report. Our report will be based on what you've asked us to do. Commissioner Suarez: Thank you, ma'am. Chair Gort: Thank you. Ms. King: You're welcome. City ofMiami Page 81 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 DI.3 DISCUSSION ITEM 14-00881 District 2- DISCUSSION REGARDING DOWNTOWN TRANSPORTATION. Commissioner Marc David Sarnoff 14-00881 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: OK. DI.2. Todd B. Hannon (City Clerk): DI.2 was presented this morning. We can move on to DI.3. Commissioner Sarnoff.. Oh, hang on one second, Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.. Congestion in downtown is worse than ever before. Trolleys are helping. I think you all know that, but they're probably not enough. Back in 2006, the City was moving forward with the streetcar project, and think of how much the downtown population has grown since then. With the construction currently underway, we'll have an additional 85,000 residents by 2016. This represents an increase of 16 percent; 16 percent from 2011; an overall 100 percent increase from the year 2000. Downtown daytime population is over 200,000 with influx of employees and people attending events. If the streetcar was deemed worthy of a significant conversation in 2006, we certainly need it in the near future given this population growth. Unless we do something transit relate more cars will be coming to downtown, and there won't be any additional lanes or capacity to receive them; traffic will, of course, get much worse. We'll soon have All Aboard bringing inner city rail passengers into downtown, and we simply need improved transit so people can get to their final destinations rather than renting cars, Mr. Chair. So what happened to the project? In 2006, the MPO (Metropolitan Planning Organization) made it a priority one project in the long-range transportation plan to be built in the first five years, and FDOT (Florida Department of Transportation) agreed to fund half the project. FDOT's commitment was for $100 million. Through other FDOT grants, the City performed planning phases for the project and some preliminary utility relocation design. FDOT's money was part of a new starts program. The funding source was documentary stamps. With the economic downturn in 2008, Mr. Chair, the documentary stamps revenues declined, and FDOT was forced to cut the funding. The project is still in the LRTP (Light Rail Transit Program), but as a priority six unfunded project, meaning more than 20 years away. What would -- we need the MPO to do is increase the project's priority from priority six to a priority one in the LRTP to demonstrate to FDOT that the project is a local funding priority. And here comes Commissioner Suarez. Commissioner Suarez: Yes, sir. Commissioner Sarnoff.. There he goes. You are the MPO representative. Commissioner Suarez: Proud of it. Commissioner Sarnoff.. And please do what you have to do to make sure the MPO increases the priority ranking of this project so we have a chance -- not a guarantee -- but a chance of acquiring FDOT funds, and we can move this project forward. And I'd ask staff in the next Commission meeting, show us what the streetcar alignment would look like today based on the developments in the pipeline as well as the future developments that we anticipate. But this is really up to you, Commissioner Suarez. This is something only you can champion. City ofMiami Page 82 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Suarez: Thank you, Mr. Chair. May I? Chair Gort: Sure, go right ahead. Commissioner Suarez: Thank you. First of all, you know, I take a lot of pride in being designated by this Commission as the MPO representative, andl look at it as a broader responsibility than simply going to MPO meetings, many of which conflict with our City Commission meeting; in fact, one conflicted today, andl wasn't able to attend the actual meeting, itself. And I'll tell you that it's of marginal value typically attending the MPO meetings. 171 be completely frank with you. But the way I look at my responsibility as designated by this Commission, I think it was kind of a passing of the baton when you gave me that responsibility, 'cause -- when I say ` you, " because you were the former MPO representative -- so I felt like you -- what you passed is a challenge. It's a challenge that is a very difficult challenge, and this is one component of that very, very difficult challenge, and a very, very difficult puzzle, and it's -- the way I look at it now -- andl apologize, 'cause I'm going to always -- I think I'm going to just from now on, I'm always going to be referring to my son; I don't know why. It's just something that ends up happening, andl think you guys -- you can -- particularly, Commissioner -- Chairman -- I think you can relate. You know, now, when you talk about mass transit, you're really talking about potentially the next generation, because of the size, and the scope, and the duration of the projects, but if we don't do something now, it will not happen; that's a guarantee. So when I talk to staff I tell them, "Don't tell me all the reasons why we can't do this. Tell me all the ways that we can do this and how we can get it done." So you have my commitment to, you know, to urge the MPO Board to increase the priority of this project on FDOT's radar screen, if you will. Andl think just talking about the project very, very, very briefly, you know, mass transit is a quagmire in our City, and we owe it to that generation or even to maybe my children's children, to get the ball rolling in solving that quagmire, because if we truly want to be a great city, if we truly want to be a great region, there's a lot of things that we're doing right now that are going to help us get there, including Miami Worldcenter, but one of the main components that I don't know that we dedicate enough time to is mass transit. So I definitely will take the marching orders from this Commission that I serve on, and at the next MPO Board meeting, we will have a resolution ready that requests precisely what this Commission is requesting. And I'm hoping that, you know, I do a good job, and a forceful job of advocating on behalf of this Commission as I've always tried to do at the MPO level when tasked with a responsibility. I know that there's a possibility that others might have different viewpoints, and so whoever does -- and what I mean by that is there are regions that conflict with us sometimes; people that have a parochial regional interest, and they may try to argue against it. So, you know, I guess I'll ask you for your prayers and that I'm enlightened on that given day and make powerful arguments, and that another Commissioner Suarez shows up so at least I have another vote, hopefully, in favor of this project. Thank you so much. Chair Gort: Well, thank you. We certainly need that. Commissioner Suarez: Who knows, he might vote against it -- Chair Gort: He might vote against it (INAUDIBLE) 5: 39: 06. Commissioner Suarez: -- just 'cause I'm pushing it. DI.4 DISCUSSION ITEM 14-00886 District2- DISCUSSION REGARDING THE CHARTER REVIEW AND REFORM Commissioner Marc COMMITTEE. David Sarnoff 14-00886 E-Mail - Discussion Item.pdf City ofMiami Page 83 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 (DI.4) 14-00886a DISCUSSED Daniell Alfonso (City Manager): Commissioner -- Mr. Chairman, a quick question: We will get the members by the 29th. Are we going to give a timeline for maybe when the first meeting should happen; like the first half of October, second half of October? Commissioner Sarnoff. We'll let the chairman handle that. Mr. Alfonso: We'll let the chairman decide. Ms. Mendez: Well, I believe that this resolution says that you will set the date, so maybe on the 29th, we can have some idea, some dates from the availability of all the members, individually, and then you could set a date for your first meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 14-0293, ADOPTED ON JULY 24, 2014, IN ITS ENTIRETY, SETTING FORTH A NEW RESOLUTION ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE, TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0357 Chair Gort: DI.4 is discussion regarding the Charter Review Board. I understand we need two more appointments. Commissioner Sarnoff. Yes. Thank you, Mr. Chair. So we have a Charter Review Board that we have, I think, passed a resolution for. I know that there is a district Commissioner up here who has -- a person who is -- probably has an understanding of our Charter maybe unlike most of us, andl know we'd like to appoint them, andl think the best way of handling that would be very simply to amend -- well change -- let me say it right, 'cause -- Madam City Attorney, I think need to rescind the previous resolution and come up with a new resolution, which is essentially the previous resolution with the inclusion of. "The City Commission will have the power to waive any of the requirements of Section 4" -- which was the residency, or I think office -ship -- "of this resolution by a majority vote, " so no super -majorities at all. I think that takes care of your needs. So I guess my motion would be to rescind 140923, adopted on July 24, 2014 in its entirety; setting forth a new resolution, which I would represent to you all is identical to that, with the inclusion of the provision that the City Commission shall have the power to waive any of the requirements of Section 4 of the resolution by a majority vote. Chair Gort: Okay, there's a motion. Is there a second? City ofMiami Page 84 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Suarez: A question. Chair Gort: Do you second? Commissioner Suarez: A question; before second, I have a question. Chair Gort: Yes, sir. Commissioner Suarez: Okay, so the prior resolution had a deadline for naming members, so I think it would be fitting if we extended the deadline, or if you think that that's waive -able under your -- is that what -- is that kind of what you're think -- you want to extend the deadline? Okay. Commissioner Sarnoff. Why don't -- yeah, why don't I amend my motion to include an extension of the deadline. Can you get yours by Monday, this Monday? I think everybody else is in. Commissioner Suarez: Yeah, I could. Commissioner Sarnoff. Well -- Todd B. Hannon (City Clerk): We're missing -- Chair -- Chair Gort: Yes. Mr. Hannon: -- Commissioners, the only Commissioner that needs to provide nominees now is Commissioner Carollo, andl should have those by the July 29 meeting where all the names can be proffered, waivers could be made, and then a motion. Commissioner Suarez: Second. Commissioner Sarnoff. September 29? Commissioner Suarez: Right. So we get a sense of it. Mr. Hannon: The next Commission meeting. Commissioner Suarez: Second. Commissioner Sarnoff. You're getting dinner, buddy. Mr. Hannon: What did -- Commissioner Sarnoff I thought he said "July 29." Mr. Hannon: Oh, I'm sorry. September 29. Commissioner Sarnoff. That's a -- and you know what? That's for the entire Commission. Commissioner Suarez: Mr. Chair, couldl make one further -- Chair Gort: Yes, sir. Commissioner Suarez: -- suggestion? Thank you. I actually -- you know, this is a subject that is very passionate for me, and we talked about it in my sunshine meeting. It was one of the subjects that we brought, and, you know, I had worked on a very comprehensive Charter reform a few City ofMiami Page 85 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 years ago that took me nine months to study, draft, prepare, and discuss, andl did it in a very methodical fashion, so that we could do it with a lot of time anticipation. I actually -- one of the things that I did was I named myself onto the -- I was one of my own nominees in a sense -- I had two -- and we had talked in the sunshine meeting about the possibility of having a Commissioner as the chairman and ex officio member of the committee. So I would change the resolution to say that the -- that there will be a Commissioner who is the ex officio chairman of that committee, andl would like to be that person, if possible, if it's the will of this Commission. Commissioner Sarnoff. So I'll amend my motion to -- Victoria Mendez (City Attorney): Well, just one little question: Chairman ex officio? That -- Commissioner Suarez: Well mean -- Ms. Mendez: -- because technically, normally, with an ex officio, like they don't really vote, or they don't -- so how -- Commissioner Suarez: However you want to call it. Ms. Mendez: -- do you want to do -- Commissioner Suarez: The -- that a Commissioner be one of the members, andl would nominate myself as that member. Commissioner Sarnoff. Well, we have the power to appoint the chair if we pass the resolution. Chair Gort: Yes. Ms. Mendez: Right, okay, so then I think the better amendment would be leave all the, you know, appointments as they are -- Commissioner Suarez: Right. Ms. Mendez: -- and then make a chairman one of the Commissioners, and then we'll add that to the -- so you'll still have -- Would you only want one appointment and yourself, or would you --? Commissioner Suarez: No, no, I would want my two appointments and that I -- Ms. Mendez: -- and then be chair? Commissioner Suarez: Correct. Commissioner Sarnoff. Well, that's a little different. Mm -- Ms. Mendez: Right. But the problem with that -- Chair Gort: Then you have three. Ms. Mendez: -- is then we don't have a tie breaker. Chair Gort: And he's got three there now. Commissioner Sarnoff. I know. Chair Gort: Wait a minute, wait a minute City ofMiami Page 86 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Sarnoff. Wait a minute. How much money are you willing to give up? I'm just kidding. Ms. Mendez: Unless you're a non -voting, and then we would have our 13, and then you non -voting. Commissioner Suarez: Whatever the Commission wants. Commissioner Sarnoff. You know, it might serve your interest not to vote in a strange kind of way. Commissioner Suarez: That's fine. Commissioner Sarnoff. You know, 'cause you're going to vote in here, anyway, so -- Commissioner Suarez: That's fine, that works. I'll do that. Commissioner Sarnoff. So why don't -- Chair Gort: And chair to make sure -- Commissioner Suarez: Perfect. And that's fair, too. Commissioner Sarnoff. Yeah. Commissioner Suarez: 'Cause I think there's a fairness issue, so sure. Commissioner Sarnoff. So why don't we make the resolution that Commissioner Suarez is the Commissioners' appointment as the chairman, and he still has two appointment members. Commissioner Suarez: Correct, but I will be a non -voting chairman. Commissioner Sarnoff. Correct, non -vote -- in a non -voting capacity. Commissioner Suarez: Perfect. Commissioner Sarnoff. And we'll make it that the Commissioners must have their appointments in by September 29. Commissioner Suarez: September 30, I think, right? Mr. Hannon: September 29. Commissioner Suarez: Okay. Chair Gort: Okay. Commissioner Suarez: Sounds good. Commissioner Sarnoff. You trying to get back a dinner or something? That would be my motion, Mr. Chair. Chair Gort: Okay. City ofMiami Page 87 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Suarez: Second. Chair Gort: Motion and a second. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Thank you. DI.5 DISCUSSION ITEM 14-00837 District 2- Commissioner Marc David Sarnoff (DI.5) 14-00837a DISCUSSION REGARDING A PROHIBITION ON INVESTMENTS IN COMPANIES WITH BUSINESS OPERATIONS IN OR WITH FOREIGN COUNTRIES THAT SPONSOR TERRORISM AND COMMIT HUMAN RIGHTS VIOLATIONS. 14-00837 Draft Legislation.pdf 14-00837 Back -Up from Law Dept.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE CITY'S INVESTMENT POLICY AS PREVIOUSLY AMENDED BY RESOLUTION NOS. 05-0463 ADOPTED JULY 28, 2005, AND 07-0504 AND-07-0505, BOTH ADOPTED SEPTEMBER 11, 2007, TO INCLUDE A PROHIBITION ON INVESTMENTS IN ANY COMPANIES WITH BUSINESS OPERATIONS IN RUSSIA, SYRIA, AND VENEZUELA, AND PROVIDED THAT SUCH REVISIONS SATISFY SPECIFIED FIDUCIARY STANDARDS; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF SAID RESOLUTION TO THE PENSION BOARDS, AS DEFINED BELOW, AND TO THE FINANCE COMMITTEE. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0347 Chair Gort: Next. Commissioner Suarez: Are we going to go into the PZ (Planning & Zoning) agenda now? 'Cause all the resolutions are done. ToddB. Hannon (City Clerk): Chair -- Commissioner Suarez: We're on discussion items. Mr. Hannon: Commissioner Sarnoff, did you want to go to DI.5, prohibition on investments? Commissioner Sarnoff. Yeah. Would that be all right with your permission, Mr. Chair? Chair Gort: Fine, go right ahead. City ofMiami Page 88 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Sarnoff. So DI.5 is a resolution that would amend the resolution that we had passed in the past, I should say, which did not allow the City ofMiami to do business with Iran -- excuse me -- oh, there it is. I'm sorry -- did not allow us in the past to do business with Sudan, Iran, North Korea and Cuba. Today, Mr. Chair, I would like us to include with that Russia and Venezuela, andl do have a copy of what that would look like in terms of a resolution. In the past -- oh, I -- as well as -- so that the amendment would be for Russia, Syria and Venezuela, and that would be my motion. And it would be amending the City ofMiami Resolution 05-04-63, adopted July 28, 2005; and 07-05-04 and 07-05-05, both adopted September 11, 2007, to include prohibition on investments in companies with business operations in Russia, Syria and Venezuela, as well as the aforementioned, Sudan, Iran, and North Korea, as well as Cuba. Chair Gort: Okay, there's a motion. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: PZ (Planning & Zoning). By the way, I have some discussion item that I would like to have everybody here if possible, 'cause to me, they're very important, the ones I have. PZ items. Francisco, let's go. Madam Attorney, would you read the statement for the PZ items. Victoria Mendez (City Attorney): Yes, Chairman. Thankyou. 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 that Commissioners have been generally 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 2860115 and Section 7.1.45 of the Miami 21 Code. Staff will briefly make a presentation to be heard on each item. The appellant or petitioner will then present their application or request to the City Commission if the applicant agrees with 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 Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the Commission's discretion. Also, if there are any bags that are unattended, please do not leave any bags unattended; if not, they will be subject to disposal. Thankyou. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. Anyone speaking on today's Planning & Zoning items, ifI can have you stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on Zoning issues. Mr. Hannon: Thank you, Chair. City ofMiami Page 89 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 PZ.1 08-01015zt1 Chair Gort: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING APPENDIX D, TITLED SD-16.3 MIAMI WORLDCENTER TO MODIFY CERTAIN DESIGN STANDARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01015zt1-Submittal- Iris Escarra-Paseo Examples.pdf 08-01015zt1-Submittal-Paul Savage.pdf 08-01015zt1-Submittal-Peter Erlich.pdf 08-01015zt1-Submittal-Charles Haynes -Letters of Support.pdf 08-01015zt1 SR Fact Sheet.pdf 08-01015zt1 PZAB Resolution.pdf 08-01015zt1 Legislation (v3).pdf 08-01015zt1 Dev Standards.pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 3, 2014 by a vote of 9-0. See companion File ID 08-01015da1. PURPOSE: This will amend Appendix D, the "SD-16.3 Miami Worldcenter" of the Zoning Ordinance. 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 Chair Gort: PZ.1. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. Items PZ.1 and PZ.2 are companion items. Item PZ.1 is a text amendment for an area we will call as part of this conversation Miami Worldcenter; I'll be more explicit in a moment. And Item PZ.2 is a Development Agreement for the same project, Miami Worldcenter. By way of brief introduction, I will tell you that the Miami Worldcenter site encompasses land in the area just west of the American Airlines Arena, or just west ofMuseum Park, roughly from llth Street to the north -- that's 11 th Street Northeast; 6th Street to the South; North Miami Avenue to the west and Northeast 2ndAvenue to the east, excluding, of course, the NAP (Network Access Point) Center of the Americas, which is not a part of this application. Commissioners, this is a proposal to amend the text of Appendix `D" of the Miami 21 Zoning Ordinance, which itself is an inclusion or an incorporation into Miami 21 of a former zoning designation known as SD-16.3 under Zoning Ordinance 11000. I should mention and emphasize -- because you're likely to hear this as the presentations are made -- that SD-16.3 was, under Zoning Ordinance 11000, a stand-alone zoning designation, so that part or that component of it is not changing at City ofMiami Page 90 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 all. The result of this text amendment will also leave in place a stand-alone zoning designation. In addition to that, I will describe for you again, just to clam and for the record, that the development capacity regime will remain approximately the same. The intent of this text amendment is mainly twofold: One is to take regulations that were passed under a previous zoning ordinance and change both the processes and much of the nomenclature within the zoning designation to Miami 21 standards; and, two, to the extent that the master plan component or the design standard component of this application is being changed, those changes are being made to reflect the demands of present day market needs, as opposed to those of a project that was conceived of approximately eight years ago. I will tell you lastly that we have been working with the developers for over 12 months, so for over a year now. I will characterize our interaction as at time vigorous, certainly substantive, and we certainly believe that as a result of that work and that collaboration, we stand before you today with a significantly improved product that, once again, much better response to present day market demands. With that said by way of preamble, I will also mention that there were a number of public meetings leading up to today's hearing of the City Commission, and in addition, there was a hearing of the Planning, Zoning & Appeals Board -- in fact two -- that at the last hearing of the Planning, Zoning & Appeals Board, this proposal was recommended for approval unanimously, which we are very proud of of course. And with that said, I'll certainly be available to answer any questions, and I'll yield to the co -applicants to make their presentation, as well, if you'd like. Nitin Motwani: Mr. Chair and Commissioners, thank you very much. We're excited to be here back in front of you with this wonderful news that we are prepared to move forward. As Francisco said, we plat -- I'm sorry -- Nitin Motwani, managing principal, Miami Worldcenter. We're excited to pass your Planning & Zoning Board unanimously last week. We have been spending the better part of the last few months continuing our outreach to various community groups and neighborhoods. Our first meeting took place August 6 at the Lyric Theater. We had over 60 people in attendance. Each of these meetings, we have the same team that we have here today in front of you. We have Greenberg Traurig, on land use; Elkis Manfredi, flying in from Boston; Kimley-Horn, for traffic and civil, and we have that same team here if there's any questions that the Commission may have. At those meetings, we also had Planning Department, City staff and in one case, Commissioner Sarnoff. We also hosted an event August 13 at Venture High, where over 150 people attended. We have over 150 letters of support from various neighborhood residents and business owners. We've also had private meetings with a lot of neighborhood groups, so the Downtown Miami Partnership; the Downtown Development Authority; the Greater Miami and Beaches Hotel Association; Miami -Dade College; the Miami Entertainment District Association, MEDA; All Aboard Florida; the Miami Heat; American Airlines Arena; Brickell Homeowners Association; the CRA (Community Redevelopment Agency), and many more; all of which are -- have written letters of support, and many of which are here today to voice that to you publicly. Now that you understand what we've been up to over the last few months, let me explain to you what the last 12 months with your Planning Department has led to. And it's really a project that takes into account how Miami has evolved since we were last in front of this Commission. This will be a transformative project. This project sits on 27 acres connecting from All Aboard to the west, and Overtown to the east of Biscayne Bay and Museum Park. You know, we feel that this area is the hole in the doughnut. There's great aspects going on all around us from the arts and cultural, the American Airlines Arena, the port, the waterfront, Miami -Dade College, the CBD (Central Business District), the Metrorail, All Aboard, and, of course, Overtown, and we think we can be the glue that ties that all together. This project, given its size, is a $2 billion investment in phase one alone; creates 35,000 direct and indirect jobs; and more specifically, 18,000 direct jobs -- 10,000 during construction and 8,000 permanent. We also feel that, as I mentioned, that we're going to link this urban landscape, and so as you look at some of these renderings, what you'll see is that although Miami 21 asked for five-foot sidewalks, we're creating 15- to 35-foot sidewalks. There was some misinformation out there about us closing 8th Street and 10th Street; quite the contrary. We are improving 8th Street and 10th Street for both vehicular and pedestrian traffic. We are creating two different public parks; one at 20,000 square feet located at 7th Street and 1st Avenue, and City ofMiami Page 91 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 one located at 9th Street and 1st Avenue. We are incredibly excited about where we are in this project. We are humbled by the outpouring of support that we've gotten from the community, from your Planning Department, from PZAB (Planning, Zoning & Appeals Board) last week, and from a lot of folks that are here in the room tonight. So I'm happy to answer any questions, but otherwise, thank you very much for your time. Chair Gort: Can you fix -- that first one is upside-down. Thank you. Tell you what, we'll open up the public hearings and hope you take some -- you have it -- you finished with your presentation or --? Mr. Motwani: Yes. Chair Gort: Okay. Mr. Motwani: Unless there's any questions. Chair Gort: We'll open up the public hearings and I'm sure a lot of questions might be coming up. Yes, sir. Okay, public hearing is being opened for PZ.1 and PZ.2. Yes, sir, you're recognized. Paul Savage: Thank you, Mr. Chairman. My name is Paul Savage. I'm an attorney with law offices at 100 Almeria Avenue, Suite 220, in Coral Gables, Florida. I'm here representing the Omni Park West Redevelopment Association, Inc., and Grand Central, LLC (Limited Liability Corporation). One of my clients is a tenant of the applicant. I will note for the record that the applicant -- we're all referring to them as "the applicant." That's not really correct. The City is the applicant today for certain zoning change -- changes to the Zoning Code. I do want to point out that they are seeking special dispensation, if you will, and special permissions under the Miami 21 Zoning Code that everybody else is not getting. Specifically, they asked to supersede -- there's in the text before you that you're voting on today, there's a provision that says: This supersedes anything in Miami 21. No other special district has this language like that. No -- there are certainly plenty of other special districts, and they also work together with Miami 21, but no other special district gets this special treatment. Also, I wanted to point out that the owner -- ownership is co -equal with the boundary of the special district, so anything that we're adopting here or granting in the text change will, in fact, give their project special dispensation. There's a special permit that's being created only for this. There's nothing wrong with the existing permit regime that's already in Miami 21. There's no reason for them to have special permits that can be approved administratively by the director; we think that's wrong. There's a change to liner uses that's governed by Miami 21. It's been explained to us that -- excuse me, can I have that board on the easel? It's been explained to us that, "Well, we're going to amend Miami 21, so we'll just go ahead and make it match now. " Well, we don't know that Miami 20 -- that'll pass. Why does this person get this already changed for them in advance? And one thing I wanted to make clear is everyone in -- I've met no one who says, "Let that area just stay unimproved parking lots. Let the hole in the doughnut stay." Nobody's advocating that. We all want this beautiful project. The only thing we're saying is please build it according to the Code that exists. There's no reason to change our whole Code so that this applicant gets to back up their project into the Code. One of the things they did in this, which is particularly egregious, is they talk about pedestrian paseos, which sounds like a beautiful area in Majorca, Spain, or someplace where you have coffee in the open air. Now the concept of the paseo -- one of the other problems with this project is it comes in bits and pieces, and no one can ever say, "This is our site plan, this is our building," because it's all contingent. So we get -- the vacation of the streets comes before you, and we think the facts are a certain way. Then we get a certain Code amendment that comes before you later, and now the project is a little different. And we're sitting here amending all these Code provisions for a project that we haven't seen the details of. And again, we think there should be a beautiful project here. We think there should be all this job creation here. But we think that it should be done according to the requirements of the Code. City ofMiami Page 92 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 And I'll just briefly -- and Mr. Chairman, I want to thank you very much for the time. I'm going to be very brief andl do want to thank staff as well as the applicant. They've narrowed the issues down so that my presentation is very brief but I do want to point out one thing about the street vacation and how this has changed. Victoria Mendez (City Attorney): Mr. Savage, are you going to be talking about the street vacations that are in litigation and those things now, which are not a part of this application? Mr. Savage: Sorry, I had a problem -- Ms. Mendez, no. I may mention the word, because it's part and parcel of the project, but I will not visit any issues that are in litigation currently with the County, but won't be prohibited from saying the words "street vacation," because that's part of this whole application. Ms. Mendez: Okay. Well, the Commission has already allotted you a lot of extra time, which is really not necessary under this application, so please be brief. Thank you. Mr. Savage: Yes, ma'am; I absolutely will. Let me -- in the little bit of time that I've been given, let me just tell you this is the existing Code that was adopted in 2012. This provides for -- the basic concept, very quickly, is everything east/west is a street -- is a significant east/west connector; 9th, 8th, 7th, and the like. These things going north and south were the paseos to provide pedestrian connectivity. What's happened now is that east/west, particularly in the case of 9th Street, is gone; 9th Street is no longer there. There is now an east/west paseo, and they've taken the 9th Street and put in a paseo, andl don't think that that is a wise piece of planning. The paseos also were going to run north and south. There's none here now. There was also a very big 45-degree entryway that is also no longer part of this application. They've now changed the definition of "paseo" -- very quickly -- in the application before you today, they've changed "paseo" to be included as an open space, but they've cut off the words "open space." So this original idea, which was supposed to be a strong street -- 9th Street was supposed to be a strong street -- it's now a mall. This is going to be -- this 9th Street area is basically a building. So what I'm suggesting to you tonight is -- or this afternoon, rather -- don't wrestle the language like this. If this 9th Street building is a building, and there's doors, and it's locked, then let's call it a building. Every building has internal passageways and hallways, so why are we letting them call that a 'Pedestrian paseo"? It's going to be a mall that's locked at night. And so the -- what we have here is now residents over here saying, "Are we going to be able to travel along 9th Street?" And the answer is: "No. There's a building there now." And if that's what we want to vote on and that's what we want to decide, then that's great, but please don't call it a pedestrian paseo when it's basically a hallway inside of a building. I'm sure every building in Miami would want to have their hallways get credit for open space. This is what they're suggesting: That a 9th Street paseo is a 20-foot wide enclosure that's locked when it's not in business hours; here, if you can see. So again, this is a 20-foot wide area, a hallway, that's true in any building. Lastly, again, with the time, andl appreciate, Madam City Attorney, as well as the Chair for the time. In conclusion, again, I believe that the text of what's before you -- again, the project itself, wonderful. Please, bring a large project of this scope, but there's no reason to go into the amendments that you're being asked to enact tonight. Look carefully at the language. Why is the Zoning Administrator being empowered to grant a special permit? Why is this section unlike any other special district section, saying that anything in here supersedes and preempts Miami 21? Miami 21 is good enough for everyone else. And if there is a conflict, sure, this special district should apply, but to say that it preempts everything in Miami 21? The Code is all we have, the Code is all the citizens have, so please don't amend the Code in that drastic way. Let them build the project according to the Code, but please don't give them a special permit for their district, a special exception that trumps all ofMiami 21. We don't think that this is a good idea. Chair Gort: Thank you. Mr. Savage: If you have any other -- I appreciate the time, Mr. Chairman, andl will clean up if City ofMiami Page 93 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 you have any questions. Chair Gort: I'm sure a lot of other questions will come up and they'll be answered later on in the rebuttal or by our staff. ToddB. Hannon (City Clerk): Clarence Woods. Chair Gort: By the way, I have a lot of individual that have signed up for it, and we're going to ask the Clerk to call the individual that have signed. Clarence Woods (Executive Director, Southeast Overtown/Park West Community Redevelopment Agency): Commissioners, good afternoon. Clarence Woods, the executive director of the Southeast Overtown/Park West CRA, and I'm here just to express my support for the project and to make clear that there are no conflicts with the project in the Southeast Overtown/Park West Redevelopment Plan. Chair Gort: Thankyou. Next. Can we take this down, please? Mr. Savage: Yes, sir. Mr. Hannon: Alyce Robertson. Alyce Robertson: Hi. Alyce Robertson, executive director of the Miami Downtown Development Authority. I would like to at this time enter the DDA (Downtown Development Authority) resolution in favor of this project into the record. Miami Worldcenter is in an area that is slum and blighted, and has been for a number of years; it's 27 acres in an area that's just west of the arena. Andl think there are so many different, better uses for that area. The plans that are before you are for a vibrant pedestrian -oriented urban neighborhood, and the size and the scope of the project, it makes the critical mass possible for this area in such a large area of downtown Miami. It also is a critical link between All Aboard Florida, the Miami Central Station and the Downtown Conference Center that's going to be part of this, and the American Airlines Arena, and Museum Park. So this is really kind of as the applicants have said -- or I guess they're not technically the applicants on this -- but as they said, like the hole in the doughnut of -- just north of downtown, and it'll be an important critical linkage to Overtown and to residents, and give jobs to the area to the west. The important things that are in our master plan, the Downtown Master Plan, are the downtown conference center, including national retailers and a shopping destination; walkable streets; transit -oriented development and connectivity to adjacent neighborhoods. The project is critically important to downtown Miami, and we urge your support. Thankyou. Chair Gort: Thankyou. Next. Mr. Hannon: Wendy Kallergis. Wendy Kallergis: Good afternoon, Mr. Chairman, City ofMiami Commission, City Attorney, City Manager. My name is Wendy Kallergis, and I'm the president and CEO (Chief Executive Officer) of the Greater Miami & the Beaches Hotel Association, and our organization is comprised of a membership base of 160 hotels and over 250 allied and allied upgrade members across Miami -Dade County. We look forward to the development ofMiami Worldcenter. The development's first phase will encompass more than 750,000 square feet of retail space; approximately 1,000 residential units; and the 1, 800-room Miami Marriott Marquis and Conference Center. The project is expected to create nearly 20,000 construction jobs and 14,000 permanent jobs while generating more than $1 billion in new economic impact for the region. Miami Worldcenter's connectivity with All Aboard Florida's express rail service from Miami to Orlando will serve as a primary multi -mall hub in a true live/work/play/commute urban City ofMiami Page 94 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 environment. All three projects will stimulate a currently underutilized area, driving new visitors and residents into downtown and the surrounding cultural, economic and shopping destinations. The project will also enhance the appeal of the region and market overall, and further solidify Miami as a world -class city to work, live, and attract more visitors to conduct meetings and events. Thank you for your time. Chair Gort: Thankyou, ma'am. Next. Mr. Hannon: Irby McKnight. Irby McKnight: Good afternoon. I'm Irby McKnight, and I am a 46-year resident of Overtown. I'm here to say that I support this project, because we've had many community meetings about it. However, eight to 10 years ago is when Mr. Motwani first brought the project to the Overtown community. We were satisfied then with it, and we are satisfied with it now. But I'm here today because these community meetings, I saw something that disturbed me, and that is a whole bunch of poverty pimps have showed up, claiming they live in Overtown. I have knocked on every door in that community in the past 46years. I never saw those people there. Now, all over America, these kinds of communities are besieged by these type personalities whenever anyone is doing anything, be it private or public funded; they come out of the woodwork. So our District 5 Commissioner, Mr. Hardemon, we will help you stamp them out. We know who they are, we know they mean our community no good, and we know that you will do the best you can to make this work for us. We will help you, believe me. You have help on this issue. I saw people in community meetings this week claiming to be in Overtown. They came straight out of Camillus House; never been to Overtown before. Now, we have ducked bullets there, we have survived stabbings, all kind of killings, and we're not going to go down with those kind of people. Thank you. Chair Gort: Thankyou. Mr. Hannon: Michael Cohen. Peter Ehrlich. Peter Ehrlich: Good afternoon, Mr. Chairman, Commissioners. My name is Peter Ehrlich. My address is 720 Northeast 69th Street, andl'm here to speak about one aspect of the project pertaining -- specifically pertaining to the Development Agreement. In the Development Agreement, which I think is within PZ.2, on page 7 of the 21-page Development Agreement, Section 8, under "Signs," I'm going to be very specific on this one item. As you know, I'm co-founder of Scenic Miami, andl'm opposed to outdoor advertising. If you look at this section, Section 8, "Signs," which I hope you'll -- if the item passes that this section will be deleted from the motion -- it says under small Section (b) (vi), "Tower Signs," which we're afraid will be possibly 500-foot tall LED (light -emitting diode) towers, which were previously approved in the Omni area. Under small Roman numeral vii, it says: "Onsite commercial signs defined as Class 'C' signs in the Code and Miami 21." Now, Class "C" signs are billboards and if you reference Miami 21, Miami 21 does not allow billboards in the City ofMiami; they're prohibited from the City ofMiami under Miami 21. And the following -- continuing to read, it says: "Some or all of which may incorporate LLD (Lamp Lumen Depreciation), LED or similar electronic technology consistent with the development standards." We hope that you will ask that this section be deleted so you don't have an unlimited amount of billboards within this 23 or 27 acres; particularly the LED billboards which continue to be illegal in the City ofMiami and in Miami -Dade County. In small Section (d): Signs of any type or size may be approved as provided for in the developmental standards. It's very scary to think that you're being asked to approve something under this small Section (d), "Signs of any type or size." That's a huge general statement, andl hope somebody will ask that this be stricken from the motion. Thank you very much for your time. Chair Gort: Thankyou. Next. City ofMiami Page 95 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Mr. Hannon: Geneva Finlayson. And after Geneva, it will be Jarvis Gatlin. Geneva Finlayson: Good afternoon. My name is Geneva Finlayson. I live Overtown for 39 years, and my concern, I support the Worldcenter for the community, and we was told that we will have a big high -rising building. I support that. And we will have restaurant, shopping center, and a wide sidewalk for the elders, the children, and we will have park that we can go to, to relax, read, exercise, and Mr. Mayor, I want to say to you, please, sir, don't leave us behind. We was put on the back burner too long, and we want to -- we want these to be happen, and we want to see it happen. Don't left us alone. We need these. We need jobs. We need your help. Thank you, sir. Chair Gort: Thankyou. Next. Jarvis Gatlin: Good afternoon, Mayor, Commissioner. My name is -- Chair Gort: Bring the mike up. Mr. Gatlin: -- Jarvis Gatlin; address, 330 Northwest 19th Street. I lived in the Overtown for 15 years of my life, and I'm here to say that the development for the Miami Worldcenter is a good thing for the community, is good for much needed jobs, good for the nice shopping for the seniors and the residents of the place, so I'm just coming to say, please, you know, take consideration of allowing them to build the community. Thank you. Chair Gort: Thankyou. Next. Mr. Hannon: Nathan Kurland; and after Nathan Kurland it will be Florence Nicholls. Nathan Kurland: Good afternoon, Commissioners. Nathan Kurland, 3132 Day Avenue. Poverty pimps, paseos, street vacations. Street vacations: Why would you give one street a holiday and make other streets work even harder? We develop our own language here. I have several objections to specific elements of the Miami Worldcenter, and please note, I said, "specific." I object to street vacations. I object to giving out liquor licenses with no municipal control, whatsoever, as to where, to who and when these liquor licenses get given out. Most importantly, I object to the billboard elements of the Miami Worldcenter, and I'd like to give you a quote by Arden Nash: `7 think that I shall never see a billboard lovely as a tree. Indeed, unless the billboards fall, I'll never see a tree at all." And there's another quote by President Johnson back in 1966 -- '68 -- who said "This damn billboard lobby is running our country. I've never seen such a goddamned group of selfish, eager hogs. They won't even let people sit down with them, " unquote. That's by President Lyndon Johnson, 1968. It's getting even worse today. Like Mr. Ehrlich, I'd also like you to strike down certain elements regarding billboards, the unrestricted use. And again, another word thatl read for the first time, the tower of power. "Tower of power," what is that? That just sounds to me like another large T,FD tower, unrestricted by you, our Commissioners. The citizens of the City ofMiami have turned this idea down, this new Miami SkyRise, Mr. Berkowitz agreed not put an T,FD on it, but this agreement seems to say -- this Development Agreement seems to say that we will allow perhaps a tower of power with no oversight by you, our elected representatives. That is some of my specific objections to this agreement. Thankyou. Chair Gort: Thankyou. Florence Nicholls: Good afternoon, Commissioner. My name is Florence Nicholls. I live at 330 Northwest 19th Street, Apartment 408. I'm a resident of Overtown for 78 years. I'm supporting the Miami Worldcenter, because it will bring much new jobs for the young people, which are needed; and for the children, for the parks, somewhere that is safe that they can go and play. City ofMiami Page 96 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Now, this what really got me: From 11 th Street, 7th Street, in those district, from the time I been here, it was joyful during my days; everything was joyful. We could go out. We could have went shopping all downtown. Now, look, we can't go shopping downtown no more. Everywhere you go, there's a parking here, and a parking there. You don't know where you are. We don't have no places no more. Now, they talking 'bout bringing in restaurants. Good, very good. But the sidewalks, they really need to be fixed. That's why today, I'm walking with this cane. I've fallen down on the sidewalk, because they're not even, and they are raggedy. I been to the doctor yesterday. I had to get three injection here, and three injection here, andl am in pain now, just because of falling down on the sidewalks. We need to straighten it out, and all the community for Overtown. Thank you. Chair Gort: Thankyou, ma'am. Mr. Hannon: Ava Robinson; and after Ava Robinson, it will be Lillian Slater. Ava Robinson: Good afternoon, Commissioner. My name is Ava Robinson. I'm a resident of Overtown for 67 years, andl do approve of the center y'all going to build -- I mean the buildings y'all going to build, I give my approval. Thank you. Chair Gort: Thankyou. Next. Mr. Hannon: Lillian Slater. Lillian Slater: Good afternoon, everybody. I guess I'm the old lady. Chair Gort: No, no, we're getting younger; we're getting better. Ms. Slater: Okay, sweetheart. I know that, honey; I love you. Now, all these years, I don't think you all know that this building wasn't here. Now, I been here a long time. A whole lot of them been through here. Where is the Mayor? He's over there someplace. He was a Commissioner. There's Commissioner Gort. I think you wasn't here at that time, but was it the daddy or the brother; which one was it? Unidentified Speaker: The dad. Ms. Slater: The dad, he was here. Commissioner Suarez: The better looking one. Ms. Slater: Yeah. Miriam Alonso, all of them was here, and this wasn't even here. Do you all know this building wasn't here? It was -- you know who built Miami? I don't think a lot of people know this. It was Bahamians, our families. They dock right here on this platform back there. This is long years ago. There's Irby McKnight; there's Jackie Bell somewhere over there. It's just a few of us know what's been going on. Andl'm here to let you know I support it, because we have been through a lot of things, Commissioner Gort, you knows, and our Mayor. Andl was here when -- he was here so long -- what's his name? He used to be on the board. Chair Gort: Commissioner Plummer. Ms. Slater: Plummer. Oh, boy, he was something else, but he was good; he knowed that book, oh, from the front to the back. We had some times in here, but we got things done, but I support them because I want to know -- this is their monies, this not ours. And we ought to be grateful that somebody coming in to bring us all together. It don't matter what color we are, we just got to get together and get things straightened out, 'cause I'm always here; you knows that. Andl'm looking at you all, and don't you think don't forget faces. Commissioner Suarez, and where is -- City ofMiami Page 97 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 oh, yes, he's over there. Chair Gort: Sarnoff. Ms. Slater: Yes. So I'm really going to watch you, so you get it all together. We love you and we thank you for everything, and I thank you for Town Park Village and what you all done. And we still need some more money. Thank you. Mr. Hannon: Mattie [sic] Williams, and after -- Vice Chair Hardemon: That's the nicest thingl ever heard Ms. Slater say. Mr. Hannon: Mattie [sic] Williams; and after Mattie [sic] Williams, it'll be Charles Haynes. Maggie Williams: Good afternoon, Commissioner and others. I -- my name is Maggie Williams. I live at 330 Northwest 19th Street for seven years, but longer in Miami. I support the Worldcenter very much. We'll have somewhere to go to sit down and eat, and have a little ice cream and enjoy. Thankyou. Chair Gort: Thankyou. Next. Charles Haynes: Good afternoon. My name is Charles Haynes. I live at 219 Northwest 14th Terrace. I'm here to support Miami Worldcenter, and I'm going to tell you the reason why. I been to like four meetings now with them. The first meetingl went, they came to the Lyric Theater, this gentleman here. I had asked him three questions, and I'd liked the feedback that he gave me. Then I came to Zoning Board to show the support. And then, I took it back to my neighborhood, 'cause in my neighborhood, a lot of them call me `Bubba, " but the young kids call me "Pop" and "granddaddy." So I was telling them about this project. I said, "Look like we fixing to get some work done." And then, they came in my neighborhood, in the middle of the neighborhood and we had a meeting. And that same day -- it was on a Wednesday -- the Miami Herald [sic], which is African -American paper that come out on Wednesday, and they had that on the front page. So I say, 'Man." Everybody say, "What about that, what about that?" I say, "Well, if you want to support it, you got to go to the meeting. " A lot of them say they couldn't go to the meeting. I got a list of 72 people that -- I got they names, they address, and they committed to this project, so I'm going to give it to him. Thank you. Chair Gort: Thankyou. Next. Mr. Hannon: Tim Wilcox; and after Tim Wilcox, it'll be Ken Ratner. Tim Wilcox: Good afternoon. I'm Tim Wilcox. This project overall think is going to be great for that downtown area. I'm personally a business owner that'll be adversely affected in the beginning, seeing my building's coming down. I own Will Call Sports Bar, which is on 700 Northeast 2ndAvenue. But when you look globally and at a larger position, this is what downtown Miami needs to drive business and to make the City get bigger and bigger, so Miami Worldcenter has my full support. Thank you. Chair Gort: Thankyou, sir. Next. Ken Ratner: Good afternoon. My name is Ken Ratner. I'm a resident of 900 Biscayne, and I also work with adjacent landowners that own about 10 acres of adjacent land. I live in downtown, andl work in downtown, andl support the plan. Every question that we've asked, we've gotten a hundred percent support from the developers; they've left nothing unanswered. And they've gone out of their way to give us more information than I even asked. And the people in my building supported it. We've been told about changes they made that no one even thought City ofMiami Page 98 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 would be possible, so we give our support a hundred percent. Thankyou. Chair Gort: Thankyou. Next. Mr. Hannon: Jackie Bell; and after Jackie Bell, it'll be Al Crespo. Chair Gort: Come on, Jackie. Jackie Bell: Jackie Bell, 1600 Northwest 3rdAvenue. Good afternoon. I do support the project, but there are some conditions that I would like to see put on them. My community is always promised jobs, and when the projects happen, we know that the developers will have their own construction companies that performs for them, and what happens is there are no jobs for us. A project this size should have to have an agreement that states how many jobs that they are creating, and how many this community should have. The other part of that is that when the development is over, the construction jobs are gone, but they have plenty of economics in there, all kinds of stores, as you well know, small businesses. I would like for you, if you grant this, that at least 40 percent of that development be minority. And when I say, "minority," we have a large minority community, but an African -American minority community that are business owners. That creates the economics my community needs. So those are my conditions on how I support the project, andl thank you. Chair Gort: Thankyou. Al Crespo: My name is Al Crespo, and I'm excited to be here, 'cause I've come to ask you for a hundred thousand dollars. Would any of you make a motion to give me a hundred thousand dollars? What about you, Commissioner? Mr. Chairman? Vice Chair Hardemon: So move. Mr. Crespo: So move? I'll take it. The reason I say this is because you're going to give this project an untold amount of money by giving them air rights for free. Now, we've had this discussion in the past about giving away streets and alleys to developers and all kinds of people, and your argument was made, "Well, no, it's not really our property to give away." But the air rights are your property to give away. In fact, they're your property to collect money on according to the Charter 5514C, right? This is a big to-do. You're being asked to give this developer the air rights, and you don't know what the value of those air rights are to begin with. The Charter calls for there to be an appraisal of air rights. You haven't done an appraisal of air rights, so you don't know what you're giving away. It could be $10, 000; it could be $10 million worth of air rights. Two days ago, you were here till 2: 30 in the morning, squabbling and trying to figure out how to give Curley's more money to feed poor people. You had this poor woman here who fell down, she says, and got hurt on sidewalks that really aren't in great shape. This City needs money for just about everything. And for you to give away air rights and not -- you know -- and the argument that this is a billion and a half dollar project, and they're going to create jobs, and they're going to pay taxes, all those are business expenses. Those aren't gifts that these developers are giving you. These are business expenses, because they expect to make hundreds of millions of dollars themselves. So there is no reason for you to give away air rights to this project. You need to have and follow the right -- the directions of the City Charter. You need to have an appraisal done. You need to know exactly what those air rights are, and then you need to give -- make them give you the money for those air rights, because that way, if you got even a hundred thousand dollars, that'd be two or three police cars, or maybe a block worth of City sidewalks that you could repair, all right? That's my beef about this. Andl concur with Peter Ehrlich and with Nathan about their concerns. Thankyou. Chair Gort: Thankyou, sir. Next. City ofMiami Page 99 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Mr. Hannon: Dorothy Pellilie [sic]; and after Dorothy, it'll be Steven Carroll. Dorothy or Steven? Dorothy Pelicie: Good afternoon. My name is Dorothy Pelicie, andl'm -- been a 50-year resident of Overtown. Ms. Jackie has stipulated everything that had to say. I concur, I agreed with everything she has to say about the conditions, about the job -- when the jobs are gone, we need small businesses for our community. And no one's mentioned also that we need a bike path, bicycles path, 'cause we don't have any, and we do need our sidewalks fixed. She's not the only one that's fell; others have done the same thing. And I'd like for you all to think about when you're doing this, please think about the individual, the publics [sic], the young kids. We need bicycle paths for our kids to ride the bikes in our community. Thank you. Chair Gort: Thankyou. Steven Carroll: Good afternoon, Chair, Commissioners. My name is Steven Carroll. I am a vestry member and lay minister at the Historical St. Agnes, andl'm also a former resident of Overtown. I was actually born where this development is to be built about 56years ago. Here on behalf of the Reverend Denrick Rolle, we both are in highly support of this project [sic]. And just to address the issue about the street vacation, I think that's a small issue considering the benefits that's going to come from this project. A street was vacationed over by Miami -Dade which I used to attend, and there's numerous of benefits that's coming from the closing of that street. A lot of people are getting educations. And if you close this street for this particular project, 14, 000 jobs means a lot to this district; means a real lot, so we're in highly support of it. Thank you. Chair Gort: Thankyou. Next. Mr. Hannon: Tony Recio; and after Tony Recio, it'll be Javier Fernandez. Tony Recio: Good afternoon, Mr. Chair and members of the Commission. For the record, my name is Tony Recio, with law offices at 2525 Ponce de Leon Boulevard. It's good to see you all again. I'm here on behalf of three groups: Number one, MBMDevelopment Group, which is proposing the Expo Center on the old Miami Arena site, which you'll hear about next month; the -- I'm also here on behalf of the Heat Group, the American Airlines Arena; and an entity called Miami Big Block, which owns some property to the north ofMiami Worldcenter. Vice Chair Hardemon: Did you say 'Proposing or "opposing"? Mr. Recio: Proposing, proposing. We're hoping to move forward with that development very soon, and you'll hear all about that. The -- we're very much in favor of the Miami Worldcenter. They are immediately to the -- situated smack dab in the middle, between the Expo Center on the west side and the American Airlines Arena on the east side; All Aboard is further to the west. This is an incredibly synergistic opportunity between all of this development coming forward all at the same time. It's really important that they move together in lock step and all come online at or near the same time. It could really transform this area, which really has been -- "neglected" is too kind a word -- really, nothing has gone on in this Park West hole in the doughnut. There's been -- you know, there are residents to the west. There are -- there is development north of 1-395. There have been some development downtown, but very little in this area. It's mostly been vacant for far too long. It's a very important part of the City. There will be regional transportation. There will be activity. This is a key component of this, andl urge this Commission to really support this project. Thank you so much. Chair Gort: Thankyou. Next. Javier Fernandez: Good afternoon, Mr. Chairman and members of the Board. Javier City ofMiami Page 100 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Fernandez, with law offices at 150 West Flagler Street, here on behalf -- to speak in favor of the project on behalf of Island Gardens -- Island Living, Ltd. (Limited), and the Gatehouse View, two groups that are developing affordable housing in partnership with the CRA that will benefit greatly from the amenities and job opportunities -- or the residents will, associated with this project. So we're here just to echo our support and again, we'd invite you to vote in favor of the project. Thankyou. Chair Gort: Thankyou. Mr. Hannon: Daniel Cromer; and after Daniel, it'll be Ted Weitzel. Daniel Cromer: Good afternoon, Mr. Chairman, Commissioners. My name is Daniel Cromer. I own the Cromer Company located at 55 Northeast 7th Street. I am proud that my family has been operating a business in Park West since 1957; the last 57 years, and in downtown Miami for the last 101 years, since 1913; long before when I was born. I have personally been working at the company for the last 46 years. Obviously, I've seen many changes in Park West and in the City ofMiami. About a year ago, our property was sold to Miami Worldcenter, andl currently am one of their tenants. We'll be relocating sometime in the near future. We will miss working close to downtown Miami, but the planned Miami Worldcenter Project is exciting and without a doubt will bring energy never seen before to Park West. I assume we are the largest employer currently in Park West, and certainly the longest operating business. Once the Miami Worldcenter Project gets underway, our staff will become small compared to the large number of jobs that will be created both during construction and after the project is completed. I support the Miami Worldcenter Project as it is currently conceived; however, I must say there seems to be a group of distractors around Park West trying to delay this project. As a Park West employer, landowner and neighbor, I have observed this group creating problems for many years now. They seem to like creating turmoil. I hope when you consider this item, the Commission looks beyond these distractors. Thank you very much. Chair Gort: Thankyou, sir. Next. Ted Weitzel: Ted Weitzel, 201 Northwest 7th Street, Unit 401, Miami or considered Overtown. I'm the developer of Poinciana Village. It's very critical to my schedule for developing the last phase of Poinciana Village that this project move forward. I'm pretty far along with getting the financing, getting my lender lined up, and they're watching us carefully, and your approval today is very critical for my timeline, 'cause I have a deadline with the City to get my project started, and the financing is the key that I need right now. And right now, we're, you know, three blocks west ofMiami Worldcenter. Right now, there's nothing there, and so the lenders look at that, and they see nothing. So if this project can get approved, moved forward and break ground, it'll greatly help me to get my financing tied down, andl can start construction, as well. So, please, today move forward quickly. Thank you. Chair Gort: Thankyou. Next. Mr. Hannon: Elsie Hamler; and after Elsie, it will be Michael Syder [sic]. Elsie Hamler: Good afternoon. I'm Dr. Elsie Hamler, andl run the Contractors Resource Center, which is located at 697 North Miami Avenue. It is the home -- we house over 20 firms and we service over 200 companies in the Miami -Dade County area. We are currently tenants of the developer, and we have a very good relationship. We support this development, Miami Worldcenter, and we're looking forward to helping them bring contracts to many of the small companies, construction jobs and permanent jobs to many of the residents in Overtown. Thank you. Chair Gort: Thankyou. City ofMiami Page 101 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Michael Slyder: Good afternoon, Commissioners. Mike Slyder, on behalf of the Miami Entertainment District Association. As you all know, we're a 501(c) (6) comprised of nightlife economy businesses downtown. Those businesses include formerly Bongo's, Space 11, Mack Up, my nightclub, but not just clubs and bars; also Will Call, Sorry Tim (UNINTELLIGIBLE); also parking lots, BP Gas Station and other related businesses. As I've said in past meetings, we are wholeheartedly supportive of this project. It is, by the way, a billion and a half dollars, okay? And it does fill the hole, as Commissioner Sarnoff has repeatedly said. I also have told you that this project -- beginning this project means the end of my business as I know it. I don't have any future plans going forward, but even then, I look at this, andl know andl understand this is -- to have any integrity, I have to stand before you and say this is in the best interest of the City of Miami. I finally want to say one thing: MEDA (Miami Entertainment District Association) is comprised of diverse people and diverse business owners. Not all of us are completely supportive regarding all the elements, because there's some things that need to be discussed in the future, but we have had a great working relationship with the developers, have great lines of communication, and as we go forward, the business owners in Park West Entertainment District will -- I think will work nicely with the new development. Thank you. Chair Gort: Thankyou. Next. Mr. Hannon: Charlene Conill; and after Charlene, it will be Gail Feldman. Charlene Conill: Hi. My name is Charlene Conill. I work and live in Miami, andl work in the downtown area, and I'm in support of this project. I feel that the area where the Miami World Center is going to go is currently a very blighted area waiting for development, and it'll be a good thing for the City. Thank you. Chair Gort: Thankyou. Next. Gail Feldman: Good afternoon, Mr. Chairman, members of the Board. The following resolution -- Gail Feldman, 2127 Brickell Avenue, Miami. I am the president of the Brickell Homeowners Association. The following resolution has been duly adopted by the Brickell Homeowners Association: Whereas the Brickell Homeowners Association wants to see Miami thrive in Brickell and its surrounding communities; whereas the neighborhoods to the north of Brickell and downtown need reinvestment and renovation desperately; whereas Miami Worldcenter promises to create nearly 35, 000 jobs and generate one billion in new economic impact; whereas Miami Worldcenter promises to bring currently blighted streets alive with around -the -clock activity, including pedestrian promenades, retail shops, expo center and an 1, 800-room hotel; whereas Miami Worldcenter promises to bridge the Central Business District and the Arts & Entertainment District, and connect Museum Park with points west, including Overtown; whereas Miami Worldcenter promises to decrease reliance on cars by incorporating Metrorail and the adjacent All Aboard Florida High -Speed Rail Terminal; Now, therefore, accordingly, the BHA (Brickell Homeowners Association) Board of Directors resolves to support the Miami Worldcenter Project as currently proposed. Thank you. Chair Gort: Thankyou. Mr. Hannon: Romina Meta; and after Romina, it'll be Jeishy Zerpa. Romina Meta: Good afternoon. My name is Romina Meta. I have been living in Miami for over 13 years. I lived in downtown Miami. I currently live in Brickell Avenue, andl work in downtown. I'm in favor of the project. I think it's going to create more job opportunities and continuous growth to the City. Thankyou. Chair Gort: Thankyou. Next. City ofMiami Page 102 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Jeishy Zerpa. Good afternoon. My name is Jeishy Zerpa. I'm the HR (Human Resources) director for the J. W. Marriott Marquis, and I'm also the president of the South Florida Hospitality Human Resources Association. As an HR professional and a hotelier, I'm very excited about the Miami Worldcenter Project. As Wendy mentioned earlier, right now, the hospitality industry employs over 100,000 people in the Miami -Dade County. This project represents approximately 14,000 new work opportunities for our City. With the new Miami -Dade College Hospitality Industry -- Institute in progress -- by the way, another great Miami initiative -- this project will benefit our City, our industry, and most important, our community. I support the Miami Worldcenter project. Thank you for your time. Chair Gort: Thankyou. Next. Mr. Hannon: Kenneth Naycor [sic]; and after Kenneth, Marisol Gomez. Kenneth Naylor: Good afternoon, Mr. Chair, Mr. Vice Chair, Commissioners. Ken Naylor, with Atlantic Pacific Communities, 2950 Southwest 27th Avenue, here very briefly to express our firm's strong support of Worldcenter. We built a number of projects in the broader area. Our tenants want to see this project go forward. I personally, as a guy who grew up in Miami, want to see this project go forward; it's the right thing. Thank you. Chair Gort: Thankyou. Marisol Gomez: Good afternoon. I'm here -- well, my name is Marisol Gomez, and we're located in 1010 Northeast 2ndAvenue. I'm here on behalf of Venture Hive, and the 31 technology businesses from 18 different countries that call Venture Hive home. And we're located in Miami Worldcenter site, and we wholeheartedly support the project. Actually, last year, when we started Venture Hive in January, outside of our building, there were about 10 to 12 homeless people sleeping, and it's now the heart of 100 technologists and entrepreneurs. The -- recently, the Downtown Development Authority -- a REMI (Regional Economic Models, Incorporated) (UNINTELLIGIBLE) study by them estimated that the economic impact that Venture Hive has had in Miami has been of $7.3 million, and this has been thankful -- we're very thankful for this, because of the support of the Downtown Development Authority and of the Miami Worldcenter giving us a home, so we wholeheartedly support this project which, in a way, will impact us, because our building will no longer be there, so thank you. Chair Gort: Thankyou. Mr. Hannon: Ana Lopez Quintana; and after Ana, it'll be Anthony Flexas. Ana Lopez de Quintana: Hello, good afternoon. Thank you for the opportunity. My name is Ana Lopez de Quintana, and I'm here representing Cervera Real Estate, who has two offices in the downtown area; one in One Miami and one at the 50 Biscayne Building. And at Cervera Real Estate, we're not excited about the project; we're on fire for the project. We're on fire for the jobs that it will create. We're on fire for the urbanization of the area. We're on fire to see Miami downtown become the mini Manhattan that it should be. We're on fire for the paseos, and we're on fire for the tower of power. Please don't put the fire out and approve this project. Thank you. Chair Gort: Thankyou. Anthony Flexas: Good afternoon. My name is Anthony Flexas. I am also on behalf of Cervera Real Estate. I was born and raised in Miami. I've been coming to the downtown area since I was 10 years old with my grandmother; we used to go to the SeyboldBuilding, Macy's, andl recall very clearly that around 4 p.m., people would be fleeing the City, because it was not City ofMiami Page 103 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 somewhere you wanted to be. I was fortunate enough to start working out of the 50 Biscayne office in 2004. I saw the boom. I've seen the changes in the multiple neighborhoods, such as Edgewater, the Design District, Wynwood; even Brickell has grown. And yet, at this point, you still go to downtown, which is literally blocks away from the Port ofMiami, which has four million passengers going through it a year; you have the 395, which is one of our busiest connections to the Beach, and yet, I just feel that when Camillus House was allocated to a different site, I thought that all these wonderful things would happen. But we're in 2014, and yet, things still have not have happened [sic]. I am definitely support the project [sic]. I, myself, like yourself, love this City. I'm very proud of the heritage that we have, andl think that allowing it to proceed quickly will definitely benefit us all at the end of the day. Thank you. Chair Gort: Thankyou. How many more you have? Mr. Hannon: The last speaker sheet -- the last speaker sheet that I have for items PZ.1 and PZ.2, Andrew Mirmelli. Andrew Mirmelli: Good afternoon Mister Commissioners. Thank you for letting me speak today. I'm here on behalf of 127 Northeast 11 th Street, ET C, Hack Center Garage, LLC, M&G Northeast 2 and 6, LLC, 116 West Flagler, T,T C, and 49 Northwest 1st, LLC. We own the block directly south and the block directly north of the Miami Worldcenter Project. We also own the block directly north of the 395, which is block north of the one north of the Miami Worldcenter Project. I'm here on behalf of myself and my partners to strongly endorse the Miami Worldcenter Project exactly as it is in its current form. I'd also like to expand on something Mr. Cromer said; that there is a group of troublemakers that I do not believe are here just in their interest, but they're here to delay the project for, perhaps, ulterior motives. Please do not listen to them; please don't believe what they are saying. We're all being irreparably harmed by these delays. Thank you for your consideration. Chair Gort: Thankyou. Mr. Hannon: Chair, I have one more speaker sheet. If anybody else is desiring to speak on items PZ.1 and PZ.2, please see me; however, the last speaker sheet that I have is for Jesse Ottley. Jesse Ottley: Good afternoon, and thank you for having us here. You know -- my name is Jesse Ottley. I live in Brickell. I don't live in downtown, butt spend a lot of time in downtown. We have an office in downtown, andl was coming back the other day, andl noticed tourists who were walking across the street, andl think it was on 4th Street, and taking their luggage and the whole family. Andl thought to myself, "How unfortunate, when they went online and booked their hotel in the heart of glamorous Miami, when they got here, this is what they found" So I think what is happening with the Miami Worldcenter, as is proposed, will be an -- a tremendous benefit to the City, to the residents, and to all of us who live, work, and thrive in this amazing City, so we endorse this project and ask you to approve it as presented. Chair Gort: Thankyou, sir. The public hearing is now closed You have a few minutes for rebuttal; ready for you. Mr. Garcia: I'm sorry, sir, did you say 'for rebuttal"? Iris Escarra: Mm-hmm. Chair Gort: And there was a lot of questions that were asked, and I'd like for you to answer them. Mr. Garcia: I'm certainly happy to answer questions. I just thought that you had set aside some City ofMiami Page 104 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 time for other speakers to rebut any evidence -- Chair Gort: That's it; the public hearing is closed. Mr. Garcia: Thank you, sir. Ms. Escarra: Good evening, Chairman, Commissioners. Iris Escarra, Ryan Bailine, Lucia Dougherty andMarissa Farber from Greenberg Traurig with offices at 333 Southeast 2nd Avenue. We are very excited to be here today on behalf of this project. I wanted to address some of the points that were made on the record by some of the speakers. An important point that was made before was, "Does this plan supersede/mod Miami 21? " And it does; just like every other appendix, just like every other special district. In Zoning Ordinance 11000, you had 29 special districts. In Miami 21, you have six special districts; some are more restrictive, some are more lenient, but they were master plans, they were carefully thought out, and they do create, either as a plan or a modification of the previous sections of the Code. In addition to that, there was a discussion regarding a special permit within the appendix, which we are part of. Now, a special permit here is only after you are able to obtain a warrant. A warrant is a Miami 21 permit which requires notice and an administrative process that you go through. The special district permit is either a minor modification to that warrant or a subsequent included in the warrant a modification, so it's not an independent permit that somebody can go get. It is tied to the original approval for the project or a minor modification to the warrant that was previously issued. And also, I would like to highlight the other four special districts all have a special area plan permit. Ours is called a special district permit, because we came before Miami 21, so we're a special district, and not a special area plan, but it's logistics of names; it's pretty much the same thing. In addition, one of the comments that were made regarding linear uses and the changes in the linear uses, where our district is actually more restrictive than anybody else in Miami. Above the first story, a developer is able by waiver to be able to move his building to the front and go straight up by art or glass treatment; that is, at 14 feet up to 25 feet, they can move the parking garage and by art or glass treatment, have their garage there. Miami Worldcenter, you have to go up 60 feet, and then after 60 feet, you're able to have these linear uses. So, yes, we do have the ability to move the linear uses, but only after 60 feet, which is more restrictive than the rest of the City ofMiami. In addition, a discussion was made regarding the pedestrian paseo, andl have some pictures I'd like to show you with regards to the pedestrian paseos and all different sorts of options that are -- of pedestrians paseos all around that are included. Interestingly enough, one of the reasons why the definition was changed to remove the word, "open space" from the definition of "paseo" is because we didn't want it to count as part of our required open space. So the project is giving 14,000, -- 20,000 square feet of open space, and it's also implementing this paseo, which is not counted towards the required open space, so it's above and beyond, and that's why that modification was made to that definition. With that, I'd like to call my partner, Lucia Dougherty, who will address the questions regarding liquor licensing. Lucia Dougherty: Good afternoon, Mr. Chair, members of the Commission. Lucia Dougherty, with offices at 333 Avenue of the Americas. Miami Worldcenter is 27 acres, has eight blocks in it. They're allowed to have five liquor licenses without having to have distance requirements in between them in each of the blocks. So if you take all eight blocks, you'd have 40 licenses, but we're restricting ourselves to 25 licenses within the entire 27 acres. That's exactly the same provision that Brickell City Centre has; they're a SAP (special area plan). They have five per block, but they have a much smaller area to cover, but they have the exact same restrictions. South of us in the CBD (Central Business District), there are no restrictions; it's completely unlimited in terms of the amount of liquor licenses. Wynwood to our west and north has 30, and they're much less dense, and much less intense than we are. CocoWalk just down the street here has five liquor licenses, because it's a retail special center, essentially a block. You could have five of those in downtown Coconut Grove. Now, probably, it's never going to happen, but it's possible. So we don't think this is excessive. We have our support of the Entertainment District, City ofMiami Page 105 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 the Media Entertainment District presidents, and so we would urge your support for that provision. Chair Gort: Thankyou. Ryan Bailine: Mr. Chair, just one more small item we just wanted to clear up on the record. Ryan Bailine, also with offices at 333 Southeast 2ndAvenue. There were a couple comments made about signage as it relates to Section 8, particularly the Development Agreement. Chair Gort: Right. Mr. Bailine: Throughout the process when we were working with the Planning director and his staff coming up with not only the text changes and not only the regulating plans, but the Development Agreement, staff was absolutely focused on this, because we know signage is a big issue, you know, throughout the City. I would urge you to speak to the Planning director, but in no way do we see Section 8 of the Development Agreement, which directly ties us to Miami 21, as permitting billboards. I think that's just a gross misunderstanding in the reading of the language. And secondly and lastly, with respect to the Section 8(b), "tower signs," when this agreement was being drafted, it was particularly focused on that; that not be a media tower or something of the like. So I just want to be very, very clear that with respect to billboards and/or the comment about media tower, as this agreement is drafted, from our perspective, which I think the City would share, this does not allow us to do anything more or less than what is in Miami 21, and we know you just passed a Comprehensive Signage Ordinance that is directly tied to this agreement. Chair Gort: Thankyou. Ms. Mendez: Chairman, between first and second reading, though, we'll make sure we look at that paragraph and tidy it up if necessary. Chair Gort: Okay. Yes, Mr. -- Mr. Garcia: Yes. I'd like to add a couple of notes. I -- the statements made by the co -applicants in this assumes the developers for Miami Worldcenter are correct. I can attest to that. There were a couple of other comments that I wanted to address, as well, but perhaps with more specificity. First, the issue of the pedestrian paseo, and this is also an issue that was brought up at the Planning, Zoning & Appeals Board, and there was a lot of back and forth on the subject matter. I will tell you this: I think, certainly, in an area like downtown Miami, which is urbanizing on a daily basis, andl think that is a positive thing; that is exactly what it was called out to be, and exactly what it was set aside for, the urban core of the City ofMiami. I think generally, we do well to depart from the standard issue right-of-way configurations that we have throughout the City, which are mostly suburban in nature, and that we do well to introduce innovative types of thoroughfares that are amenitized, that are -- that include landscaping, that include retail and texturing along the frontages, because that is exactly the sort of place that in the end becomes a main street, and in the end becomes a gathering space that creates a community. To the extent that some rights -of -way have been vacated, and I'll emphasize again for your -- for the record and for your consideration that that subject matter is the subject of an appeal under a separate process -- but to the extent that there has been a right-of-way vacation and closure within this particular project, and to the extent that any of the connectivity that exists presently is disrupted, I would say that it's actually being enhanced. The methodology or the approach is to significantly increase the capacity of the major connectors, especially east/west connectors on the north end and the south; allow for the project to have significant porosity -- right -- so one can traverse through, whether by foot, or on a bicycle, et cetera, through the main of the project. Andl have to emphasize, what really makes the difference and what really is desirable that this project brings that you wouldn't otherwise get is the fact that these City ofMiami Page 106 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 rights -of -way are designed rights -of -way, and are enhanced significantly vis-a-vis that which you see elsewhere in the City; that, I think, is certainly worth highlighting. We are, of course, sensitive to the subject matter of signage. We worked very closely with Scenic Miami in the crafting of the sign -- the Comprehensive Sign Ordinance that the City Commission approved not too long ago, and for us to veer away from that at present would simply not make sense. I wanted to take a moment to assure them, because they have been very much invested in this cause -- assure Scenic Miami and any else who may be concerned that the sign or signage regime for this project will be exactly that, which is available for any other project under Miami 21; no deviations, period, and so that should be made clear. And the reason why special mention is made of some signage in this particular proposal is that instead of trying to include a signage proposal at present that might have been otherwise piecemeal, we preferred that it be extracted from the ordinance before you today; that it be addressed in a comprehensive manner. At that point in time, the Comprehensive Signage Plan will be presented to the Planning & Zoning Department, will be reviewed, and the subject of a warrant, which, as you know, can also result in appeals if -- or as needed. A couple of other brief notes: The concern was mentioned that we are perhaps giving away development capacity. I think it was expressed specifically in terms of air rights. The development capacity for Miami Worldcenter as contained in the legislation before you today is a direct translation of that which existed under Zoning Ordinance 11000 in Special District 16.3, which is what presently exists in the books, right? And so to give you the rough translation, it is correct that there is no height cap other than the FAA (Federal Aviation Administration), obviously. That was the case before under 11000; that is the case today in Miami 21, and that is expected to continue to be the case as part of this legislation. However, a cap is established in terms of development capacity for the floor lot ratio; that stands at 18. That is exactly what exists in the areas around, and anything above and beyond that would have to go through the Public Benefits Program. So in that sense, they stand exactly in the same light as any other property in the immediate vicinity. By way of reference, though, I'll tell you, in case the height is of any concern to any of you here that immediately to the east, the height limit is 80 stories, which is essentially the FAA limit; and immediately to the west, it's 60 feet -- I'm sorry -- 60 stories, and that also could be increased up to the FAA limit, so they are not being treated specially. I regret that in spite of many attempts on our part and others to make corrections as to the point that they are being treated specially, because they are not, we haven't managed to convey that point sufficiently across. There is one more item that I believe was pending, and it is this: Early on, a mention was made of the fact that this project is being brought forth -- and I'm going to try to quote; if not quote, paraphrase -- in bits and pieces. I wanted to emphasize, and it was said also by others that what's before today is not the project, itself. The project, itself will have to come building by building, street by street through the warrant process, and that requires additional review. What is before you today is the text amendment that allows them to present the project as they more or less have conceived it. So, yes, inevitably, when you have a project of this scale, one cannot expect that it will all be designed in one fell swoop. It will inevitably come to us, and subsequently to further review on a block by -block, building -by -building basis. And for that, I emphasize there is a warrant process required, and that again puts them in the same exact condition as any other major large -scale project that has been before you in recent times. Last but not least, I would, again, for the sake of clarity, invite you to consider this particular proposal in a very identical fashion as you would another special area plan. It is not a special area plan, because they have, as a point of departure, instead of development rights provided to them by Zoning Ordinance 11000, which we are now seeking to convert to Miami 21, so the special area plan name is not a good fit; however, we are treating them in, I think, almost identical -- in an almost identical manner as we have all the special area plans, and certainly, the design is of a quality very much comparable to the ones that you've seen in the recent past. Thank you. Chair Gort: Thank you. Any of the Commissioners have any questions? Hello? Commissioner Suarez: Move it. City ofMiami Page 107 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Commissioner Sarnoff. Second. Chair Gort: No, no, wait a minute. Somebody's got to make a motion. Commissioner Suarez: I just moved it. Move it. Chair Gort: Oh, you moved it. Commissioner Suarez: Yeah. Chair Gort: Okay, sorry. Commissioner Sarnoff. Second. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Sarnoff. Discussion. Commissioner Sarnoff. I'll say something, Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I think this is an area of the City that -- certainly, Commissioner Hardemon has the CRA, but it's part of District 2. I'm just going to address three issues, 'cause a lot is said, and probably not worth going very detailed, but to call this particular spot a doughnut hole would be to insult the doughnut. Nothing has gone on in this neighborhood for the better part of 50 years; not one single piece of construction. And there's a good reason for that: The entire area is in severe decline and in severe decay, and it has been for many, many years before I even got here. Andl always defer to Commissioner Gort, 'cause it might even be as long as since he's been here, but I'll let him address that. We met, Commissioner Suarez, Commissioner Hardemon, in a shade meeting a couple days ago. We were debating on how to get Poverty Initiative dollars, and we struggled and found about a million five. I don't think the Herald was right. I think the number was a million five, and I think -- Commissioner Suarez: No; a million -two -five. Commissioner Sarnoff. Was it one -two -five? But we can go up, right? There we go. So I did my calculations. Even at a million five, if you chose to put all that towards economic development for jobs, the most you could get is something in the neighborhood of 60 jobs. And here's a developer that's coming with 18,000 right -now jobs, and will leave you with 8, 000 jobs. There's a developer, right on his heels, who will come to you with, I suspect, something in the neighborhood of 12 to 10,000 right -now jobs and leave you, in my opinion, 'cause I've done the research for convention centers, 12,000 permanent jobs. So by saying ` yes, " we have the potential on two separate occasions of creating a little over 25, 000 jobs, and that's the power of private industry. That's the ability of government sometimes to get out of its own way and create an opportunity for the private sector versus the public sector saying, 'Let me tax you some more. Give me another $4 million in tax dollars, and I'll create another 150 jobs for you. And by the way, as soon as we turn off that money, so go the jobs." So the question that always bespeaks me as Commissioner is, "What is the role ofgovernment?" You know, andl happen to be very similar to Commissioner Suarez on this. You know, government's role is to do the essentials of government, you know, which is great police, great fire and protection, great garbage service, good roads, and the private sector should do the rest. Andl believe that even though he may have an `R " in front of his name and I may have a `D " in front of my name, I just really believe the role of government is to set the table for dinner, but not serve the food. This particular project sets the table for dinner, and it provides an opportunity -- not a guarantee -- but an opportunity for the better part of -- with that project -- 24 to 26,000 jobs. There's nothing we're going to do tomorrow, there's nothing we're going to do in five years that is going City ofMiami Page 108 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 to have that potential. Now, you know, I've heard some conversation about street -- andl think the best I've ever heard about street vacations came out of Suarez' mouth, because he, as a real estate lawyer, said, "You know what? It's real -- the City doesn't really own it. We're nothing more than the stewards for the need of the adjacent landowners to come in and out of their property," and that is the truth of what a street is for, and I'll certainly bow to him, because I learned that only through him. Now, let me close with the opposition and their concerns, 'cause I always wonder, who are the opposition; what are they doing? Let me leave you with this: If in fact, Jacksons, Franklins and Lincolns would solve the opposition's problems, do they really have a problem or are they really there positioning themselves for some Jacksons, Franklins and Lincolns? Thank you. Vice Chair Hardemon: May I? Chair Gort: Yes, sir, you're recognized, Vice Chairman. Vice Chair Hardemon: When I sit down with Administration, I think make it very clear that I don't like to waste anybody's time. One of the things that like to do, as I say, there's no need to necessarily go over everything with me, because you can assume that I've read it. You can assume that I'm informed. However, even ifI have read it, even ifI am informed, if there are any issues that you believe will rise for discussion at the time that these items are presented that you give them to me. I believe I call them surprises. So by the time that they come before us, they're no longer surprises, right? Andl know that this item or these items have all been thoroughly discussed on the PZAB level. Andl know there's been some delay on the PZAB level. I guess that depends on your perspective, but certainly, time has passed where more time has been given to these issues than on others, and so, you know, I appreciate dissenting voices. I appreciate dissenting voices, because sometimes, they bring us information that we may not consider if not for them and what they bring to us, no matter if they have validity or not, but what I want my Administration to remember is that when you bring things before the Commission, we need to know what the dissenting voices are. We need to be able to anticipate what the issues are going to be so that we can -- not get here and then have to research more about the issues that are brought before us, but that we have thoroughly researched those issues so we can make informed decisions when we're here, because if not, then we're wasting all of our time, because then what happens next is we have a Commissioner that says, "Well, I move to defer to the 9/29 meeting, because I'm not comfortable with the issues that I heard." Earlier today, we spoke about the moratorium on the pet sales, and the Commissioner from Hallandale Beach, she said, `7 don't go into pet stores, because I get emotional about the condition the pets are living in." Commissioner Sarnoff was as gracious to quote Gandhi, where he says, "The greatness of a nation and its morale, its moral progress can be judged by the way its animals are treated." And from the great strategist, President Abraham Lincoln -- "strategist," right? -- he says, `7 am in favor of animal rights, as well as human rights; that is the way of a whole human being." Commissioner, what does that mean? That means to me that this community has to think about its people just as much as we think about its animals. So when I hear about a project that will bring 25, 000 jobs, andl hear that we're setting the table for people to eat, you know, I wondered to myself "Well, who will have those jobs and who, in fact, will be eating? Will the people that are part of this community who are not as sophisticated; who are not as educated; who have suffered through the good times of a community and are continue -- well, actually been through the good times of the community, but are suffering through the bad times of the community; who can't stay the entire time to hear the rest of the speeches, because they have to be put back onto a bus to take them -- to be taken back to the community, will they have an opportunity to partake in the jobs that are being provided to this community? Because, Commissioner Sarnoff is right in the sense that the private sector is going to be our best bet in reducing poverty, and that is the appreciation that I have for this project; is that it reduces the level of poverty in our community only if the people who are suffering from poverty get a chance to eat. If there are 25, 000 jobs created, what good is it to my community if they do not have a chance to work? If 4, 000 jobs aren't provided to people that are able-bodied, able -minded and willing to do work on this City ofMiami Page 109 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 project, what good is it to the community if they can't shop at the stores; they can't visit the convention center? What good is the paseo if, when you see the man coming who doesn't have a job, who smells of alcohol, who smells of stench, who hasn't taken a shower and bathed, who hasn't had an opportunity to enjoy the luxuries of the east side of the community? What good is it to he [sic] when the security stops him and says, "This is private property, you cannot come in"? This project is good. This project is great. What I'm asking of in this project is for all of us to really think strongly about the job creation, really think strongly about matching the resources that this will create to the needs of the community, because I think a project like this can help us reduce poverty in Miami by 33 percent. I think the hospitality initiatives, I think the hotel creation, I think all of these things, we can take the people who are living here, who want to work, and actually match them to this major resource. So when this was borne in 2008 and someone said, "Well, what about the jobs for the Overtown community?" and someone said, "Well, I promise you jobs," then from 2008 to 2014 that I'm sitting in this seat, I want to see a real jobs package; not three fourths of a page with promises that are ready to be broken. I believe that the leadership of these organizations is willing to provide me that. They've given me their word on that, andl will work with them to make sure that we have something that is palatable for all of us. Whatl'm asking is not to be disappointed. Whatl'm asking is for this not only to improve a blighted area, but really feed the rest of the community that is around it. I'm glad Commissioner Sarnoff made a comment about a doughnut, because the greatest part about the doughnut is the cake that you're actually eating, right? The hole in the doughnut -- Chair Gort: Can't eat it. Vice Chair Hardemon: -- is air, right. You can't eat it. They invented something called a doughnut hole, and people fell in love with that, right? But it's still just a smaller piece of a doughnut. But there are people who live just outside of what you call the doughnut. So even if you fill this doughnut hole, you're not filling -- people don't live there. Walk in the Overtown community today, and you would, just like the way that the Commissioner from Hallandale Beach said, you would get emotional about the condition that the people are living in, the people. This is an opportunity to improve the conditions that people are living in within the surrounding communities, and so I ask for all of you who are here, who support it, to not just ask for my members of my community to come out to say, "we want it," because they only need the basic necessities to make themselves a real community; a real community. What are those basic necessities? They came here and they asked for an opportunity to walk on widened safe streets. They asked for an opportunity to eat at a restaurant. They asked for opportunity to sit at a park. This project will bring that in its first $300,000, probably; that's the simplicity in which the request is to this group. Don't buy us with simplicity. Give them that and so much more. Be the organization that really and truly makes a transformation in this community; not just in buildings, but in people; not just in the people that are 60 years old, that get to watch it happen, but the children, who are 10; the adults, who are 20, and the people who are 40. Be something that this can be passed on to their community where you can have generations of people in this community that really and truly make a living. Let those new jobs that come about, the 15,000 or 8,000 permanent jobs, let some of those jobs be available to people who want to improve their lives in the surrounding community, because I can tell you what, just because you are from a community where people have counted out, like myself where people have called to be a place where black men don't rise to the occasion, like myself where people are dying in the streets every day, and they say, "Don't go and invest in that community," but I'm still there; like myself you can change lives of people who you've never met, and those people can then continue to invest within our community. So I really and truly ask that this project not just be about the billion dollars of investment; not just be about the growth that's going to happen in the immediately, but the 99 years, the 200 years that will exist, and the families that you can transform in the City ofMiami. All the new residents of these new developments that come in, if we treat these project the right way, some of those residents will be from the District 5 community, the District 1 community, and the District 3 community, because we are the communities that are suffering from poverty, and you are the people that can change that. That's City ofMiami Page 110 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 the partnership that I'm looking for, the partnership to end poverty, and that's why I brought up the Anti -Poverty Initiative. We have to really address that, and you have the ability to help us do it. So between first and second reading, I'm definitely going to get more in depth about some of the issues that were technical in nature, but we're going to get very specific about what we can do to really and truly change our community. Andl thank all the Commissioners for indulging me for the moment. Thank you. Chair Gort: Yes, sir. Commissioner Suarez: Thankyou, Mr. Chair. I think) heard two of the most impassioned and well-argumented statements that I've heard in a long time here at our -- in our august chambers. You guys put me to shame in terms of all the -- the way that you express yourselves on these topics that are of so -- such imminent importance. You know, when we had the discussion item on -- I guess it was Monday; it feels like an eternity since Monday -- Poverty Initiative, one of the initiative -- sub -initiatives was hospitality, the Hospitality Institute, which we know is extremely successful, and it will continue to be successful, and) think that there's a space for it to continue to thrive, but the one that) had mentioned, if you recall, was the Construction Institute, because what is -- what we see happening in this project, and it's the concomitant project that's coming after it. Those are just two projects of a larger boom that we see happening in the City ofMiami, and, you know, we have to be very grateful and thankful that we live in a city where we have such prosperity before us, and it does present opportunities. Andl think the opportunity -- you know, when you talk about, "What's the role of government; whether it's to set the table, et cetera?" You know, I think the role of government can be to be a conduit, to be a teaching institution to help empower people, find the jobs that are readily available, and) suspect what often happens when we subsidize projects or anything of that nature is that there is a gap between the people that need jobs and the skills that are needed to fill those jobs. Andl think our focus -- and) -- that's why I called the sunshine meeting; that's why I want to continue to call sunshine meetings with you on this issue, Commissioner, 'cause I think we need to, and) know that you are focused on this, and) want to be a part of it. And, you know, I want to be -- I want to help, I have my own ideas, as well, but) think that as a government, we can certainly, at the very minimum, help with our residents getting the skills that they need to fill those jobs. And I think if we don't bridge that gap, I'm not sure that anybody else will, and) think that's the deficiency that) think you're -- the stark deficiency that you're talking about. And that deficiency can have a tremendous beneficial impact on this area and on our entire City, really. I look forward to your work with, you know, with the developers on this issue. I appreciate you giving, you know, us, as colleagues, the benefit of the doubt, as well, as you often do. Andl know that that's not going to, in any way, shape, or form, waver you in your intensity going forward, and) don't expect it to. And I'm sure that everyone who is here in favor of the project has heard your words, and has heard your words very, very carefully. So, you know, I think this -- just to talk a little bit about the project, itself it does so many things for Miami; it's so transformational on so many levels, aside from the architecture of it, aside from the doughnut hole effect, if you will. Having a major convention center in the City ofMiami, I think, would competitively make us excel, and) think what -- it may be the last nail in Miami Beach's coffin, by the way, but that's a whole 'nother discussion. I'm not so sure that anyone at that point would want to cross the causeway, but -- 'cause we'll have it all on our side -- but that's what a good government does. A good government knows when to lead, when to follow, and when to get out of the way. So, you know, I commend you, Commissioners, both of you, for really bringing forth, I think, the best articulation of what we need to do going forward in relation to this project. Thank you. Chair Gort: Thankyou. The problem with being last, everything) was going to say has been said already. But, you know, in the past, whenever we had these situations -- and) think your project can make history, can do a lot of good; not only as a business, but what you can -- the impact you can create in this community. In the past, we were told we can't hire, because they're not qualified. But I want you to understand, we heard that message long time ago. Through the CRA, through the different plans through the City ofMiami, we have trained people in the City ofMiami Page 111 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 construction, hospitality, where more jobs are being created; also, in the health district, the health facility. That's what we are trying to create, and we have trained people, so we do have qualified individuals, and we have our own Miami Workforce, which is located right there on 7th Avenue that can give you -- any type of employees that you need, they can give it to you, and you can do a lot of good by hiring people within that neighborhood. You can make a lot of changes, not only in your district, but you need to take care of the neighborhoods around you, 'cause if you don't take care of the neighborhoods around you, that will not help your development. So whenever we create something like this, we got to make sure we take care of the adjacent neighborhood, also. Thankyou. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Just a little soapbox moment, too. I really want to commend our Planning director. You know, I think we are very blessed to have the Planning director that we have. We're going to see in the next five, 10, 15 years, as some of these projects come online, the real true benefit of the professionalism and the intellect, you know, with which our Planning director always operates. Andl think -- I don't think he's replaceable, personally. I dread the day that we have to replace him; I'm sure it will come sooner than I would like it to come. And I'm not -- by the way, I don't know anything; there's nothing that know of. Let's just say I'm not -- this is not a foreshadowing or anything like. I just really enjoy working with him. I -- you know, there are few times that I've ever disagreed with him. There are few times -- he's never lost my faith and my credibility, and he's got a very, very tough job. I think he handles it with such grace that you often forget how difficult his job is and the balancing act that he has to play. Thank you. Chair Gort: Okay. Commissioner Sarnoff.. Can I just echo that for a moment? Because we don't -- we never extol his virtues at all. I had an issue that was on the agenda today, and he comes in my office, and he goes, "Commissioner, do you like this?" which, of course, is code for, "You didn't look at this very carefully, did you?" And I said, "Should I like it?" He goes -- I said, "No, I don't like this at all." And then, of course, I said, "Can you make it better?" And he goes, `I think can." So we'll have something better from Francisco. But I -- you know, I know you've been here long enough, you will be here long enough. You learn who to trust and you learn who to doubt, and that's a trustworthy man. Chair Gort: Okay, Madam Attorney. Mr. Garcia: Thankyou. IfI may, very briefly, thankyou, Commissioner, for your kind words. If I may, Mr. Chair, very briefly, the legislation that you're about to act on is actually being amended to reflect the recommendations from the Planning, Zoning & Appeals Board, and also to extract language referring to the Expo Center, which we will hear today as item PZ.3. I just wanted to note that for the record. Thank you. Chair Gort: Okay, thankyou. Ms. Mendez: Are we reading the first ordinance, then -- Mr. Hannon: PZ.1. Ms. Mendez: -- for PZ.1 ? Okay. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 112 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Ms. Mendez: Also as amended by conditions that were stated by the Planning director. Mr. Hannon: Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. PZ.2 ORDINANCE 08-01015da1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AND AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "MIAMI WORLDCENTER" ON APPROXIMATELY ± 23 ACRES, ZONED "MIAMI WORLDCENTER DISTRICT" AND IDENTIFIED AS APPENDIX D OF THE MIAMI 21 CODE, AND LOCATED BETWEEN NORTHEAST6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES:RESIDENTIAL,OFFICE, HOTEL, RETAIL, COMMERCIAL, ACADEMIC SPACE AND ANY OTHER USES PERMITTED BY THE APPLICABLE ZONING DISTRICT REGULATIONS; DESIGNATING EACH BLOCK OF THE DISTRICT AS A RETAIL SPECIALTY CENTER AND ENTERTAINMENT SPECIALTY DISTRICT PURSUANT TO CHAPTER 4 OF THE CITY CODE; AUTHORIZING CERTAIN ENCROACHMENTS INTO CITY -OWNED PUBLIC RIGHTS -OF -WAY PURSUANT TO CHAPTER 55; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AS AMENDED. 08-01015da1-Submittal- Iris Escarra-Paseo Examples.pdf 08-01015da1 SR Fact Sheet.pdf 08-01015da1 Legislation (v2).pdf 08-01015da1-Submittal-Charles Haynes -Letters of Support.pdf 08-01015da1-Submittal-Paul Savage.pdf 08-01015da1-Submittal-Peter Ehrlich.pdf LOCATION: Between NE 6th Street and NE 11th Street and Between N Miami Avenue and NE 2nd Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 08-01015zt1. PURPOSE: This ordinance will allow the City Manager to execute a Development Agreement for the proposed Miami Worldcenter project. City ofMiami Page 113 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 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 Chair Gort: PZ. 2. Victoria Mendez (City Attorney): On PZ.2, I just have to make a couple notes. Between first and second reading, we're going to be adding certain things about the Poverty Initiative, as Commissioner Hardemon had described, and claming any definitions as discussed. But also, I wanted to add a "whereas" clause that the City Commission still waives the conflict of interest provisions as stated in Resolution R09-0360 for Nitin Motwani, since he's on the DDA (Downtown Development Authority), and he's participating in this project. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved, second. Any discussion? The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinances passes on first read, as amended, 4-0. Iris Escarra: Thank you very much, everyone. Vice Chair Hardemon: Congratulations. Chair Gort: Let's take a real five, all right? PZ.3 ORDINANCE 14-00664zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.1, "DEFINITIONS OF BUILDING FUNCTION"; AND BY AMENDING ARTICLE 6, SECTION 6.1, TABLE 13, TO CLARIFY APPLICABILITY AND ESTABLISH DESIGN STANDARDS FOR REGIONAL ACTIVITY COMPLEXES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00664zt SR Fact Sheet.pdf 14-00664zt PZAB & DDA Reso. pdf 14-00664zt Legislation (v2).pdf 14-00664zt Exhibit APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. City ofMiami Page 114 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 16, 2014 by a vote of 9-0. PURPOSE: This ordinance will provide for an adaptation conference center, which is a specific type of use and structure that is currently not contemplated under Miami 21 for Regional Activity Complexes. This ordinance will revise definition of use and add supplemental regulations to allow for such use. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Chair Gort: Mr. Manager, PZ.3. Vice Chair Hardemon: And gentlemen, I'm sorry, but I have to excuse myself from the rest of the meeting. Chair Gort: That's fine. Vice Chair Hardemon: Thank you so very much. All right. Chair Gort: PZ.3, let's go. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.3 is an amendment to Miami 21, the Zoning Ordinance, to provide a clearer definition to "regional activity complexes, " and also to include under the general definition of "regional activity complexes" expo centers, such as the one we expect to see soon in the former Miami Arena site. We have established as is presently in the Code that these will be approved -- regional activity complexes shall be approved through the exception process, which requires a public hearing before the Planning, Zoning & Appeals Board, and ultimately, the City Commission, so it is subject to City Commission review and approval. And we set forth other regulations that will allow for the expo center type development to be properly configured to serve its purposes. Chair Gort: Can we keep it quiet; one meeting, please? Go ahead. Mr. Garcia: With that said, sir, I'm happy to answer any questions. I will also tell you that we recommend approval. We are, of course, the applicants, and the Planning, Zoning & Appeals Board also recommended approval unanimously at their meeting of July 16. Thank you, sir. Chair Gort: Okay, do I have -- public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, public hearing is closed. Do I have a -- You guys want to adjourn, or what do you want to do? Commissioner Sarnoff. I'm sorry. Commissioner Suarez: What do you need from me, Mr. Chairman? Commissioner Sarnoff. I'll move it. Commissioner Suarez: I'm here at your service. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second. City ofMiami Page 115 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: Second by Commissioner Suarez. Commissioner Suarez: Second. Chair Gort: All in favor, state it by -- wait a minute -- first reading; it's an ordinance. The Ordinance was read by title into the public record by Commissioner Sarnoff. ToddB. Hannon (City Clerk): Roll call on item P -- Chair Gort: Thankyou, sir. Commissioner Sarnoff. And that will cost her a lunch. Victoria Mendez (City Attorney): I can't afford the places you like to go to. Mr. Hannon: Commissioner Sarnoff is taking out today. You've got luncheon -- Commissioner Sarnoff. Seems like when we go, I always pay. Chair Gort: Roll call. Mr. Hannon: Roll call on item PZ.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Thank you. Chair Gort: Thankyou all. 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 D1.1 DISCUSSION ITEM 14-00874 DISCUSSION REGARDING A QUIET ZONE. 14-00874 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: Okay, I have three items. I'll try to be as fast as I can, butl think they're very important to me. If you all recall, we left the meeting on Tuesday at 2: 30 in the morning. By the time I got home, it was about 3 o'clock in the morning, and guess what? The whistle from the City ofMiami Page 116 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 train at 3 o'clock in the morning, it's very loud, and that's why -- now I know why we get the complaints, 'cause inside, sometimes I don't hear it, because I have my air conditioner, the whole works, but it's very loud. The City Administration is supposed to be working on the -- what they call them? -- a quiet zone, andl want to know the status of the quiet zone. If they pay attention and they listen, I would like to get the information. Commissioner Sarnoff. Your transportation guy knows about that. There he is. Or Alice Bravo seems to know about everything. Chair Gort: I'd like to know the status of the quiet zone. You didn't hear the -- anything said before. As I was going home at 3 o'clock in the morning, I heard the whistle, and it's pretty loud, 'cause I was outside of the house. It's very, very loud; that's why I get so many complaints, and so many phone calls within the residents adjacent to the area. Now, the quiet zone is not only going to affect the Allapattah area. Also, with the new trains coming up through the downtown area, it's going to affect a lot of residential areas. I want to know what are we doing, and where are we at, and how long is it going to take? Carlos Cruz: Good afternoon, Commissioner. My name is Carlos Cruz, and I'm Transportation manager. So the trains -- there's two corridors that we have going on. One is the FEC (Florida East Coast) Corridor, which is going north/south along US-1, and that's where it's going to have the passenger rail and All Aboard Florida; currently has a quiet zone, and it's going to stay that way. Now, the corridor you're mentioning is the CSX (Chessie System Railway, Seaboard Coast Line Railroad and All Others) Corridor, which currently runs east/west, just north of 20th Street. That corridor is only freight at this point. In order to make it a quiet zone, it has to be a local agency, like the City or the County dedicating it as a quiet zone. There's certain improvements that need to be done in those locations. There is -- we went out there, we start looking at the crossings. There's about four of them that don't have gates, only have signs. There's certain improvements that we need to do in order to designate as a quiet zone. The process will be we're going to have to have an action, probably, from you, in order to start looking at what's going to be the rail improvements to be done. Our preliminary analysis is about $2 million in improvements for the safety of these crossings. Once we have that, we're going to have to have the Federal Railway Administration to approve those safety conditions, and then approve it as a quiet zone. Chair Gort: So in -- you're telling me it'll be in two years before we can get anything done? Mr. Cruz: Most likely, yes, sir. Chair Gort: So I got to continue to hear the complaints, and my understanding, quiet zone was established for the other line up to 20th Street or 22ndAvenue and somewhere, it stopped on 22ndAvenue; then it went on to the east. Mr. Cruz: Well, there's two different corridors. The one that has quiet zone right now is -- Chair Gort: Use the same lines. It's the same lines that everybody uses. Mr. Cruz: Okay. Sir, we're working with the MPO (Metropolitan Planning Organization) right now. There's a big push for it; make it a countywide quiet zone for the FEC's with their corridor for All Aboard Florida. We're taking that as our vehicles to move forward, and he's trying to do it also in the CSX, which is this one, freight. We're going to continue to get better improvements, but that's something that will have to come from us. Commissioner Sarnoff. Do we need to pass a resolution? Why don't you bring a resolution back, Commissioner Gort, like I think we did for the City of Miami, for the north/south FEC corridor. City ofMiami Page 117 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Mr. Cruz: Mm-hmm. Commissioner Sarnoff. Do the same resolution for him with the CSX east/west corridor. Chair Gort: You know, but what bothers me, we've been discussing this now for two months, and now, it comes up this, and it's going to take two years according to what I'm hearing right now, so I'm going to continue to hear the complaints for two years from my resident. And that's your frustration, my frustration with our residents; you with the park, where people are calling you, "What's being done with the park; where are we? Why do we take so long in doing everything?" And it's -- okay, what do you need; a resolution? I mean, why didn't we tell this a month ago? Commissioner Sarnoff. If that's step one, let's get step one to -- then tell him what step two is. Ms. Mendez: You could do the directive right now, Chairman, and we'll draft the resolution after the fact; that's not a problem. Commissioner Sarnoff. Okay. Ms. Mendez: We could do it right now that you're directing the Administration -- Chair Gort: Mr. MPO(UNINTELLIGIBLE) come up with the resolution, please. Commissioner Sarnoff. What's the second step after that? Mark Spanioli (Director, Capital Improvements Program): Commissioners, I think part of the problem really is that CSX is not going to make the improvements to the intersection. Commissioner Sarnoff. Right. Mr. Spanioli: The intersection will require improvements where they -- in order to be a quiet zone, you have to have the signals and the arms. Chair Gort: I understand, and it's going to take one to $2 million, so let's get our grant people working on it, maybe we can get Dade County to work on it, but let's get some work done. Mr. Spanioli: Okay, you got it. Chair Gort: You know, every time it comes to my district -- andl never complain this way before. I'm getting tired of being the last one always. Come up and tell me, "We can do it," or "We cannot do it." Mr. Spanioli: Okay. Commissioner Sarnoff. Can he -- can street bonds money be used for that, for gate crossings? Chair Gort: If you recall, you came to me two years ago -- or it might not have been you. Somebody from the State came down, that they want to work with us to start that progress, that program, two years ago. You know, I've been very patient, but I'm running out of patience. Mr. Spanioli: I'll just apologize, Commissioner. We'll scope and price it immediately and, you know, see how -- where we can find the funds to get it done. Mr. Alfonso: Yeah, but before the scope and price -- I mean, we can scope and price, but we're talking about getting a resolution to get the process moving. City ofMiami Page 118 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Ms. Mendez: Right. So it's very simple. Chairman, the -- this Commission is directing the Administration and the City Attorney's Office to work together to establish quiet zones in the area that you've described; correct, just to --? Chair Gort: Yes. Ms. Mendez: Okay. Commissioner Sarnoff. Yeah, but he's not looking for the paperwork. He's looking for the progress. Ms. Mendez: No, no, I understand. Commissioner Sarnoff. That's what you want. Ms. Mendez: But I'm starting -- Commissioner Sarnoff. Right. Ms. Mendez: -- step one, so that we don't have to wait, and then I'll draft it, and I just -- we just need a vote on that and then we'll -- Commissioner Sarnoff. I get it. And if there's grants, great, but why don't you figure out a strategy; find out what the approximate cost is, and come up with a strategy for him from City, County, State, grants. Mr. Spanioli: We can and will do that. Mr. Alfonso: And the question is also: Even before we start spending money, don't we have to go through a whole approval process? Chair Gort: Yes, right. Mr. Alfonso: So -- Chair Gort: So we have to go through -- we have to put a plan together, how long it's going to take. Put that plan together and what we need to work on it, okay? Ms. Mendez: A vote, just a vote on that, getting this passed. Chair Gort: Okay, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Okay. Ms. Mendez: Thank you. Commissioner Sarnoff. Is she going to draft a reso now? Mr. Alfonso: Yeah. (D1.1) RESOLUTION 14-00874a City ofMiami Page 119 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 D1.2 14-00875 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), INSTRUCTING THE CITY ADMINISTRATION AND THE OFFICE OF THE CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO CREATE A QUIET ZONE ALONG THE CSX DOWNTOWN SPUR CORRIDOR IN ALLAPATTAH, SEEK FUNDING THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD QUIET ZONES GRANT PROGRAM, AND BEGIN THE ANALYSIS NECESSARY TO CREATE A CITY WIDE QUIET ZONE. 14-00874a Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0358 DISCUSSION ITEM DISCUSSION REGARDING THE PROCESS FOR FOLLOWING -UP ON PROPERTIES WITH OUTSTANDING FINES AND VIOLATIONS. 14-00875 E-Mail -Discussion Item.pdf DISCUSSED Chair Gort: The last one, it's -- and my frustration becomes because of the amount of complaints that get -- we have the squatters all over the City. We have violations all over the City. Code Enforcement goes, cites the people. The people are not paying taxes, they're not paying mortgage, they're not paying the fines, but the violation continues to be there; violation continues to be there for year. We need to do something to expedite that. I mean, Code Compliance is doing their job. The Law Department is -- we got to find a way to expedite it, because what it is, the frustration that we get -- and what I'll do, I'll start sending all the phone calls that we getting, forward it to you all, so you can get some of that. People call, they have criminal activities taking place in these houses, but there's nothing we can do. They call and says -- we got to tell them, "Look, there's nothing we can do. Police cannot go in. We cannot do anything." And the violations continue, the criminal activities continue within those neighborhoods. Victoria Mendez (City Attorney): They're -- normally, what happens when there are properties that you determine, based on your district, that has gotten out of control, whether there's a lot of Code Enforcement violations, and Code has already done their process, and it's gone maybe to the Nuisance Abatement Board, and there's nothing else that can be done, what used to do when I was Code Enforcement attorney -- and we still do it, based on issues -- is just do a lawsuit. We've done them through D2 (District 2); we've done them through D4 (District 4). It works, depending on the situation. So if there are certain properties that you want us to sue the owners and enjoin them, we can do that; that is the next step. Commissioner Suarez: Do it. Trust me, do it. Chair Gort: Get it done. Commissioner Suarez: Yeah. Chair Gort: I mean -- City ofMiami Page 120 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Ms. Mendez: Right, but we can't -- I mean, like with everything, we can't do them for all properties, but the ones that you get that are, you know, bothering you the most -- Chair Gort: Code violation has it. I mean, they don't pay their taxes, they don't pay their mortgage, so nobody pays the fines. Ms. Mendez: You're just saying are -- the ones that are accruing, like for -- Chair Gort: Billion dollars fine; the house worth 50,000. Ms. Mendez: Okay, what we can do, maybe a good program that we could start is that we look at the Code Enforcement liens that are over a certain threshold -- those that are over a million dollars, let's say -- that have been accruing for many years, and then we could just start looking at them and start lawsuits, foreclosing some of them. Chair Gort: You all have the records, because we continue to call Code Enforcement every time we get a call. They go in; we talk to the real estate; we talk to the banks, ourselves; we put whatever it needs to stop people from going in; they break it in, they go back in again. This is a problem that we have in a lot of our neighborhood. Ms. Mendez: And, Chairman, what I'm asking you is that sometimes, the Commissioners are the ones that are able to best tell me when their constituents are -- really, really need assistance. So if there are those -- and Castaneda is very good about contacting me whenever there's a property that is problematic. We can start a lawsuit, and we could start that way. And also, we can try and look at other ways to start weeding out the worst ones down. But my office is ready to start suing whoever they need to sue. I mean, we're a litigation -ready office, so. Chair Gort: Let them begin it. Commissioner Sarnoff. Has Nuisance Abatement ever brought a case since we started -- reinstated the Nuisance Abatement Board? Ms. Mendez: Nuisance Abatement has met. Because of -- it's a Code Enforcement Board, and you know how happy they are to meet at any given time. The thing is that the Nuisance Abatement is very police -driven cases. Commissioner Sarnoff. Right. I -- Chair Gort: Yeah. Commissioner Sarnoff. My -- that's my question. Are the police -- look, it's hand and glove, right? It takes two hands to clap, right? You got Nuisance Abatement waiting to clap, and you need the cops waiting to clap, as well. Are the cops doing their jobs? That's a loaded question. Ms. Mendez: We would need to ask Chief Orosa -- Commissioner Sarnoff. Where is that Chief? Ms. Mendez: -- to give us maybe some updates. Commissioner Sarnoff. Come on, Chief. We have this great mechanism called Nuisance Abatement. Was it three arrests and --? Manuel Orosa (Chief of Police): No. It's three -- well, three arrests and certain -- for certain City ofMiami Page 121 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 crimes, such as -- Commissioner Sarnoff. Like prostitution. Chief Orosa: -- noise violation, prostitution -- Commissioner Sarnoff. Right. Chief Orosa: -- and drugs. Commissioner Sarnoff. Right. Chief Orosa: Correct. Commissioner Sarnoff. Are you aware of any strategy use for Nuisance Abatement for anything to do with Commissioner Gort? Chief Orosa: We usually go out and do the reports, and do the arrests, and then provide it to the attorney, and the attorney provides it to the Nuisance Abatement Board. I would have to check, because I am not familiar with if we have submitted anyone for Nuisance Abatement lately, or the fact is that the cases we have looked at, the owner comes into compliance with the threat of Nuisance Abatement. Commissioner Sarnoff. Years and years ago, Chief we used to have this greenhouse in the Grove. It was a African American woman and her grandson was selling drugs out of the house. We told her he was doing that, and she ignored us. The then -Commander -- I think we're going back -- I don't remember his name -- but many years ago -- brought up three arrests, and that house was inevitably taken down. Chief Orosa: Mm-hmm. We've had apartment buildings up in the north end of the City that were boarded up and shut down for years until it was eventually demolished. It's a very good tool, but I'm not familiar that we've lately had anyone that has been deemed to be sent to Nuisance Abatement. I will get you -- Ms. Mendez: I think we had one last night -- Chief Orosa: One case last night? Ms. Mendez: -- at Code Enforcement. Chief Orosa: I'll get you all the information for -- since the Nuisance Abatement started -- for the next Commission meeting. I'll put it in a memo and send it to the Commissioners; the Manager and the Commissioners. Chair Gort: Well let's -- how many complaints you get on squatters throughout the City; not only in my neighborhood? Jessica Capo: We get -- Jessica Capo, Code Compliance director. We get a numerous amount of complaints citywide. Chair Gort: That's not only a problem for the neighborhood, but it comes -- an activity, criminal activities within our neighborhood. I mean, we want to fight crime, this is one way that we can do it. Well, Mr. Manager, you know where I'm at. Ms. Mendez: I will get with Castaneda -- City ofMiami Page 122 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Chair Gort: We'll send you an e-mail (electronic). Ms. Mendez: -- starting Monday, and we'll look at all the properties that have been giving you the most headaches, and we'll go from there. Chair Gort: You'll have it tomorrow. Yes, sir. Al Crespo: Last year, I published a list; it went back to 2002. Chair Gort: I'm sorry, you are? Mr. Crespo: Oh. Al Crespo. Chair Gort: Mm-hmm. Mr. Crespo: Last year, I published a list; it went back to 2002. It was close to $8 million in fines and liens and whatever that had not been paid. And raised a question then about what was the process being used to try to collect some of that money, and just a couple weeks ago, I did my fourth story on a place called Sea Salt and Pepper, which has two Code Enforcement violations against it right now, which are open, and which I've been told there's still construction going on, even after the Code violation was submitted. And, of course, the other Code violation was for parking, and those Code violations are still open, so. Chair Gort: Thankyou, sir. I know the attorneys have collected quite a bit of it, andl hope those funding are being utilized to take care of the problem we have in the squatters and so on, 'cause I think the last time I heard, there was about close to $300, 000 or $400, 000 -- Commissioner Suarez: No, more. Chair Gort: -- that we had collected in -- Ms. Mendez: We -- on the lot clearings and unsafe structures, we've definitely collected over hundreds of thousands of dollars this year alone. The life of the project has been close to over a million just on lot clearings and unsafe structures alone. Commissioner Suarez: You're welcome. Chair Gort: And Mr. Manager, that fund goes to a specific account or --? Ms. Mendez: It was -- it is supposed to go back, parts of it -- the unsafe structures one -- based on this Commission, does go back to the -- to a certain dedicated account to continue. Daniell Alfonso (City Manager): The unsafe structure portion does, yes. Chair Gort: Yes. Mr. Alfonso: 'Cause, remember, we put the 200,000 -- Chair Gort: Right. Mr. Alfonso: -- on the seed money that one year, and then it was supposed to keep re -- Chair Gort: Thankyou, sir. City ofMiami Page 123 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 Ms. Mendez: And then our office is also starting now -- oh, for unsafe structures and the total collections, it's 481,728 for lot clearings; 277, 450. That's about that. And then the next thing that our office is doing and starting is the collections of Code Enforcement liens. We're starting that process, as well, but obviously, we'll need added personnel, which we're hopefully getting in the second part of the budget to discuss, but we will be also going forward with those collections, declaring homes that are not -- homesteaded properties, obviously -- but homes that have been abandoned -- trying to acquire those properties. So those are the things that we're going to be doing in the second half that will help the situation you're bringing up, but obviously, we're still ramping up on that. The unsafe structures and lot clearing liens are the ones that we've collected the most on -- Chair Gort: Also, I know you were working along with the policemen to how to bring the squatter cases to -- in compliance. Ms. Mendez: Yes. That's coming now, second reading, it's coming, so that we have our expedited process, and that is going to help, as well, in dealing with the problem citywide. Chair Gort: 'Cause I know Miami -Dade County has been doing it for quite a while, and my understanding is, well, they don't have any documentation, but they getting the job done. Ms. Mendez: Right. And -- Chair Gort: They have not been sued yet. Ms. Mendez: Right. Chair Gort: Okay? Ms. Mendez: And that's why we're establishing the due process through a special master and doing that, and that ordinance is coming back. Commissioner Sarnoff. Didn't you hand me -- and I'm assuming the other Commissioners -- a document that showed that you collected $1.3 million this year? Ms. Mendez: Yes, this year, this fiscal year, 1.3, pretty much in -- that has the bulk of the numbers that I just gave you with lot clearing and unsafe structures, but also that includes quiet title, surpluses, and tax deed liens, and those things, and also workers' compensation overages; so pretty much, the office has collected in the past 11 and a half months, 1.8 million. Commissioner Sarnoff. Okay, better than I thought. What is the -- Commissioner Suarez: That's your total budget. Commissioner Sarnoff. Which -- right, 'cause you can get a better budget. But what is the amount that continues to roll; that is the unsafe structures amount? Mr. Alfonso: The unsafe structure portion goes back into the fund. Commissioner Sarnoff. So 450,000 is sort of always in the hop -- well, in the hopper right now is about $450, 000? Ms. Mendez: In -- it's a little less than that, because whatl told you was the life of the project, but, yes, pretty much monies that could be accessed. Commissioner Sarnoff. So no Commissioner should feel constrained in suggesting that this City ofMiami Page 124 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 particular building should be declared unsafe, if it is, in fact, unsafe, by dollars? Ms. Mendez: Right. Commissioner Sarnoff. Okay. Chair Gort: Commissioner Suarez, you want to -- Commissioner Suarez: No, I -- look, I think you're absolutely right, Mr. Chairman, in continuing to harp on this issue. This is an issue that -- it's money that we're leaving on the table if we don't, you know, act expeditiously. Andl think, you know, the key -- we changed a couple years ago. I insisted that we change the name of the Code Enforcement Department to Code Compliance. Chair Gort: Right. Commissioner Suarez: Because Code enforcement without compliance is meaningless in most cases. If people don't comply with the Code, then we're not really accomplishing anything. And I think, unfortunately, for particularly the bad actors in our community, the only way to force compliance is to sue them and to have judges order to show cause as to why they won't comply. And if they fail, guess what? You're in contempt of court from a judge. Thank you, Mr. Chair. Chair Gort: Thankyou. Any other items? Do I have a motion to adjourn? Commissioner Suarez: So moved. Commissioner Sarnoff. So move. Chair Gort: Thankyou all. Commissioner Sarnoff. I'm going to miss you guys. I'm not going to see you for two days. D1.3 DISCUSSION ITEM 14-00885 DISCUSSION REGARDING PEDDLERS. 14-00885 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: As you all recall, we have in downtown -- we passed the -- an ordinance or resolution prohibiting the peddling -- Commissioner Sarnoff. Yeah, pan -- Chair Gort: -- in downtown, panhandling in downtown Miami. I'd like to extend that, 'cause a lot of the things are beginning to take place in my area. I got a lot of calls from the people in Jackson Hospital and the University ofMiami, and the -- we have a lot of pander, and they're getting very aggressive; very, very aggressive. I'm getting a lot of complaints on that. I'd like to have that citywide. Commissioner Sarnoff. Aggressive panhandling is against the law, so that could be enforced tomorrow. No panhandling at all is a restriction you can have; you just can't have it across a citywide basis. So if you give the streets and sections -- Chair Gort: The Health District. City ofMiami Page 125 Printed on 10/20/2014 City Commission Meeting Minutes September 11, 2014 NA.1 14-00936 ADJOURNMENT Commissioner Sarnoff. You're going to tax her -- Chair Gort: Not panhandling within the Health District. Victoria Mendez (City Attorney): We will pull the Panhandling Ordinance that we have, and then we'll make the tweaks, and we'll work with your office on -- it has strict criteria, and we went through a lot of public hearings, and we'll work on it with your office to make sure that it's done. 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 END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED TO PAY TRIBUTE TO THE VICTIMS OF THE 9/11 TRAGEDY ON THE 13TH ANNIVERSARY OF THE 9/11 ATTACKS. DISCUSSED Chair Gort: Let's have one minute -- a moment of silence. Thank you. The meeting adjourned at 6: 07 p.m. City ofMiami Page 126 Printed on 10/20/2014