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HomeMy WebLinkAboutCC 2014-09-29 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, September 29, 2014 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 29, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 of Miami Page 2 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 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 29th 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 9:03 a.m., recessed at 11:58 p. m., reconvened at 3:04 p. m., recessed at 7:44 p. m., reconvened at 8:54 p. m., recessed at 11:57 p.m., reconvened at 12:01 a.m., and adjourned on Tuesday, September 30, 2014, at 12:37 a.m . Note for the Record: Vice Chair Hardemon entered the Commission chambers at 9:11 a.m., Commissioner Suarez entered the Commission chambers at 9:24 a.m., Commissioner Carollo entered the Commission chambers at 9:26 a.m., Commissioner Sarnoff entered the Commission chambers at 9:45 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning, ladies and gentlemen. Welcome to the September 29 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Frank Carollo, Francis Suarez, Marc Sarnoff, Vice Chairman Keon Hardemon, and myself, Wfredo Gort, Chairperson. Also on the dais is Daniel Alfonso -- he'll be there in a minute; he was right around here -- the City Attorney, Vicky -- Victoria Mendez, and our City Clerk, Todd Hannon. At this time, please get up for the prayer and then the pledge of allegiance by myself. Well, Todd, I'd like for you to do it, the pledge. You do it afterwards. Todd B. Hannon (City Clerk): Yes, sir. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff END OF APPROVING MINUTES Commissioner Suarez: Did we do the minutes? Mr. Chairman, we haven't done the minutes, if you want to do the minutes from the Planning & Zoning (Planning & Zoning) July 24. Chair Gort: The minutes. Do I have a motion for the minutes? Commissioner Suarez: So moved. Commissioner Carollo: Second. City of Miami Page 3 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 MAYORAL VETOES ORDER OF THE DAY Chair Gort: Been moved and second. Any discussion in the minutes? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: My apologies. Chair Gort: Thank you. Daniel J. Alfonso (City Manager): Yes, Commissioners. PH3, I would like to have heard together with the discussion item later this evening. Chair Gort: Thank you. NO MAYORAL VETOES Chair Gort: Is any veto -- Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Thank you. Chair Gort: Madam City Attorney, will you go over the procedures? Victoria Mendez (City Attorney): Yes, Mr. Chairman. We will now begin the regular meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyist is available in the City Clerk's website and 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 chambers; please silence those now. No clapping, applauding, or heckling, or verbal outbursts in support or opposition to a speaker or his or her remark shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notifir the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration could announce any items being withdrawn, deferred or substituted, or we could wait. Chair Gort: We'll wait. Ms. Mendez: Okay. City of Miami Page 4 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Okay, thank you. Later... Chair Gort: Commissioner Sarnoff is going to be late. He'll be in at 9:45. Unfortunate, he will not be here on time. The other Commissioner should be here at this time, and I need two more for -- so we can have a quorum. At this time, Mr. Alfonso, do you have any items you would like to defer or take out, because --? I know you're going to have to repeat it, but anybody is watching at home -- Daniel J. Alfonso (City Manager): Oh, yes, Commissioner. Yes, Mr. Chairman. We actually have, as noted on the -- on some of the -- on the agenda itself, SR.4, the mural ordinance, we'd like to continue to October 23. Chair Gort: FR.4. Mr. Alfonso: SR.4. Chair Gort: SR.4, second reading. Okay. Mr. Alfonso: FR.1. Chair Gort: SR.4 to when? Mr. Alfonso: To October 23, 10/23. October 23. Chair Gort: Okay. Mr. Alfonso: Also, FR.1, the local workforce participation, we'd like to move to November 20. Chair Gort: FR. 1. Mr. Alfonso: FR.1, yes, Commissioner. Chair Gort: Okay. November -- Mr. Alfonso: Twentieth. Chair Gort: Okay. Mr. Alfonso: And RE.13, we'd like to defer to October 9. Chair Gort: Any other ones? Mr. Alfonso: Those are the only ones, Commissioner. Chair Gort: Okay. Thank you. Do you know if Planning is bringing -- Francisco is hoping to defer or pull out any of his item, although we cannot hear until 2 clock, but at least, I want if something's going to be deferred, the people to know. Mr. Alfonso: Okay, let me get him right for you. Chair Gort: Mr. Clerk, do you have anything? Todd B. Hannon (City Clerk): No, sir. City of Miami Page 5 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Okay, thanks. Pleasure to have you here. Is anything we can be discussing in the meantime while we're waiting for another Commissioner? Mr. Alfonso: Let me get you some of the discussion items. We'll get to those. Give me a second. Commissioner, I don't know if you want to have a discussion on the findings of the Civilian Investigative Panel. You want to wait for --? Mr. Hannon: Chair. Chair Gort: No, that's at 10 o'clock. Mr. Alfonso: Oh. Chair Gort: Time certain, 10 o'clock, so we have time. Mr. Alfonso: We could also discuss DI.4; Ms. Stewart is here, but I don't know if any other Commissioners would like to be here for that. DI.4, which is the discussion regarding the establishment located at 1915 Northwest Miami Court. Just -- this has to do with a nightclub that was -- Chair Gort: Right. Mr. Alfonso: Yeah. Chair Gort: Is that Commissioner Sarnoff or Commissioner Hardemon? Mr. Alfonso: I believe that's in Sarnoffs. Chair Gort: Sarnoff. Mr. Alfonso: Yes, sir. Chair Gort: I hate to discuss something in somebody's district and the Commissioner is not represented, and he already inform us he would not be here until 9:45. Mr. Clerk, what time is it? Mr. Hannon: Chair, it is 9:20. Chair Gort: Thank you. Later... Chair Gort: Okay, sir, we have a quorum. The Manager is going to defer some of the items. Will you go over it again? If not, I'll say it. Second Reading 4 for October 23; First Reading 1, 11/20; RE.13, 10/09. Does any other Commissioner would like to pull any item? Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Couple of things. One is SR.3, I'd like to defer one Commission meeting, to the -- I guess it's October 9. Chair Gort: SR.3. City of Miami Page 6 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: And let me look for the other -- Chair Gort: To the -- Commissioner Suarez: Yes Chair Gort: -- to defer. Commissioner Suarez: And then I'd like to hear -- I have a time certain item at 3 o'clock, which is a P&Z (Planning & Zoning), but I'd like to hear in conjunction with FR.2, if possible. Chair Gort: Good morning, sir. Commissioner Suarez: So I just want to -- FR.2, I want to take it with -- it's PZ-- it is PZ 5. Chair Gort: So we'll bring it up with PZ.5. Commissioner Suarez: Yeah, it's going to be at 3 p.m. Thank you for the courtesy of scheduling that time certain. Chair Gort: Once again, will you go over -- first, is any other Commissioner like to pull any items? Does any other Commissioner would like to pull any item? Commissioner Carollo: Mr. Chairman. Chair Gort: You're recognized, Commissioner Carollo. Commissioner Carollo: Mr. Chairman, SR.3, I -- is a public alleys. I know we've deferred quite a few times, and there still seems to be a lot of confusion out there. I definitely believe that some alleyways should be closed. However, there's others that I'm not necessarily sure they should be closed and I've had a lot of objections to those closures. So I think, instead of doing a blanket policy of closing them and putting the burden on the residents where they will have to appeal, I recommend a deferral on this to give it more time to see if there's any other solutions or possibly even -- Chair Gort: Restructure the whole thing. Commissioner Carollo: Yeah. I would even request that we withdraw it and bring it back at a later time, you know, once everything is resolved or an indefinite deferral. But I definitely think that we need more time. Chair Gort: There's a couple of things. I received a lot of calls, and I received a lot of letters, which I had them in here to read, from some of the people that had a lot of difficulties because of the alleys being used by business people, and that's the way to get in and out of the -- their businesses, so it makes it very difficult, and I think we need to look into it and analyze this. And at the same time, there was the -- in the ordinance, there was certain criteria with anyone from -- within 500 feet from the property could come and appeal it. I don't think that'll be very good, so I would agree with that. Commissioner Carollo: Mr. Chairman, so I don't know if I need to do it separately, but I will request that we withdraw it altogether, and then some time to give enough time for us to meet with residents and see all the individual issues that we're having and then bring it back at a later time. City of Miami Pagel Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: Mr. Chair, if I may? Chair Gort: Yes. Commissioner Suarez: Okay, I don't have any issue with that. I had requested it be deferred before you arrived up here. I don't have a problem with the withdrawal. I know that there were some changes to the ordinance from first to second reading that I think caused some conversation or was going to cause some conversation, so I thought that at least a deferral was appropriate. I don't have a problem with withdrawing it, if -- particularly if you're having issues where you feel like you need to talk to residents about it. I think that, you know, heightens the scrutiny of the legislation. I would just say maybe we need a little bit of time, 30 days, or something like that, two Commission meetings. I don't know want this to be kind of tabled indefinitely, 'cause I think it is a good public policy at the end of the day. We passed it on first reading so. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: The only issue I have is that I believe some alleyways definitely should be closed, but others should not. Commissioner Suarez: Right. Commissioner Carollo: And when we do a blanket across the City, it's not -- I don't think it's conducive to good policy. I think maybe it should be on case -by -case basis, and that's where -- I think, once we put a whole blanket on the whole City, I think that's what's causing all the confusion or at least disappointment by different parties. Chair Gort: I believe that Administration had a purpose for closing the alleys, and that's one of the reasons that they came up to us and asked for it. Commissioner Suarez: And -- Chair Gort: But I think it's causing a lot more problem than the benefit that it was going to be at the time, because the interpretation of the individual is not solid, they don't understand it; a lot of people are being affected; I know we had a couple of meetings, but unfortunate, people don't go to the meetings; very few people go. And then when they understand what's going to happen, then they complain. Mr. Alfonso: Right. Mr. Chairman, I just want to point out this is not a blanket. Commissioner Suarez: Right. Mr. Alfonso: There is -- these are specific -- Commissioner Suarez: Yeah, there's a criteria Mr. Alfonso: -- alleys -- Commissioner Suarez: Right. Mr. Alfonso: -- that have a very specific description. We have had multiple public meetings, but, you know, we're listening to you, so -- City of Miami Page 8 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: And -- Mr. Alfonso: I mean, we'll let -- Commissioner Suarez: Let me just -- Mr. Chair, ifI may? Just -- 'cause this -- you're right, Mr. Manager. I think you're absolutely 100 percent right. The idea behind this was -- first of all, it was about 400 alleys or so. Eduardo Santamaria (Director, Public Works): Three hundred. Commissioner Suarez: How much? Santamaria: Three hundred. Commissioner Suarez: Three hundred. Andl don't know how many complaints. I've gotten like one. I don't know how many complaints you've received. Maybe you've received a lot; I don't know. And that's why I think there was discussion at the last commission meeting when we passed it on first reading that there has to be some mechanism by which a property owner who dissents from the closure has a right to chime in, so to speak, so I think that's what we were struggling with. The policy of -- and this is something I've articulated time and time again -- closing or conceding an alley that no longer in our estimation has a public purpose in favor of the property owner who owns it in the first place is eminently good public policy, because, number one, they get their property back when it's not being used; number two, a lot of them already kind of use it as if it is their own property; number three, we're not doing a good job of taking care of it, unfortunately, because we don't have the resources to do so; and number four, a lot of these alleys have a tendency to be havens for drugs, littering, et cetera, et cetera, et cetera. So I just want to put even the deferral or the withdrawal in its proper context, because the bottom line is that this is a very good public policy, and, you know, maybe it needs to be tweaked and maybe there are residents that should chime in, because obviously, if you're -- you may be getting more complaints than I am and so are -- you may be getting more, Chairman. So, you know, be more than happy to -- Chair Gort: Personally -- excuse me. Personally, I'm only being affected by two. There is only two in my district -- in my whole district. Commissioner Suarez: There you go. Chair Gort: May I finish? Thank you. There is two within my district, but I understand Every time I have a problem with an alley, I go through a process where I close the alley. I talk -- I have meetings with the residents in the area. We explain what the problem with the alley is. They all agree. They had to be 100 percent agree, and we close it. I mean, there is a process right now to close the alleys and people knows it belongs to them. I had one lady complains all the time that she wants me to cut the yard of the alley in her backyard. It's not ours; it's hers, and she doesn't understand that. We had to go back and explain to her, Look, this is your alley. This is yours. "So I think -- I understand the public policy. I think it's a great one, and I agree. I have a letter from people. They have a public alley, and they might want to take ownership and run it themselves. They don't have to close it. It doesn't mean they have to close it. Unidentified Speaker: Right. Chair Gort: It's important for them to understand. Maybe they don't understand that. Okay. Commissioner Carollo: Yeah. Mr. Chairman? Chair Gort: Yes, sir. City of Miami Page Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Carollo: Thank you. And that's why I'm asking for the extra time. Commissioner Suarez: Yeah. Commissioner Carollo: Because even though, in some cases, it can make good public policy, and I started saying that I believe some of those alleys should be closed, I heard the word k lot, " but a lot isn't necessarily all of them. And when you're talking about 300 and something alleyways, you know, there is a lot of difference between one and the other. So that's why I'm asking for the additional time. Chair Gort: Okay. Any -- we have two motions. Mr. Hannon: Chair, ifI may? Chair Gort: Yes. Mr. Hannon: I'm just going to read down the list of items to be continued, deferred and withdrawn. We'll make one motion on all the items. Chair Gort: Okay. Mr. Hannon: I have SR.4 to be continued to October 23; FR.1 to be deferred to November 20; RE.13 to be deferred to October 9; and SR.3 to be withdrawn. Commissioner Suarez: Wait. SR.1, I'm sorry? Mr. Hannon: FR.1. Commissioner Suarez: Oh, FR.1. I'm sorry. Mr. Hannon: Yes, to be deferred to November 20. Chair Gort: Correct. Do I have a motion? Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: 171 second for discussion, because I want you to go down one more time. Chair Gort: Second by Commissioner Carollo. Commissioner Suarez: Yeah, yeah, yeah, that's fine. Commissioner Carollo: I want you to go down to list one more time. Chair Gort: Discussion. You're recognized, Commissioner. Commissioner Suarez: No. He just want -- Commissioner Carollo: Actually, what I want is for our City Clerk to go down the list one more time to make sure that -- Chair Gort: Okay. City of Miami Page 10 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Carollo: -- we are clear on deferrals and continuance and the whole nine yards. Mr. Hannon: Yes, sir. Again, item SR.4 to be continued to October 23; item FR.1 to be deferred to November 20; item RE.13 to be deferred to October 9; item SR.3 to be withdrawn. And there is a motion by Commissioner Suarez, with a second by Commissioner Carollo. Commissioner Suarez: Let me -- Ms. Mendez: For the Glass House one -- I apologize. For the Glass House, we need the second meeting, October 23. Commissioner Suarez: Let me interject on the withdrawal quickly, ifI may. The only concern that I have about a withdraw, just for the Commissioner's perspective, is that it seems to me that we're getting -- some of the issues relate to if there's going to be an appellate process, what is the criteria, things of that nature. And I guess a concern -- no, it's not really a concern, but my issue is if we withdraw it, we got to start from scratch. Commissioner Carollo: Not necessarily so. Chair Gort: We have to. Commissioner Carollo: You start with what you have. Commissioner Suarez: No, no. What I'm saying is we got to start from first reading again. So my question is, is it okay if we defer it a month and then -- you know, two Commission meetings instead of one, and then, if we need to defer it again, we can defer it again? Chair Gort: You're talking about coming back in December. Commissioner Suarez: No, no. I'm talking about coming back the second meeting of October. Chair Gort: We don't have -- oh, second meeting October. Commissioner Suarez: We just have one meeting in October? Ms. Mendez: We have two. Chair Gort: Two. Ms. Mendez: October 23 is the second meeting. Commissioner Suarez: Right, that's what I'm saying. So second meeting of October or the meeting of November, if you guys think it's better, meeting in November. Commissioner Carollo: I don't mind a deferral as opposed to a -- Commissioner Suarez: Withdrawal. Commissioner Carollo: -- withdrawal. The only thing is, I don't think that's going to give us enough time. Commissioner Suarez: Not November? You want to do the one meeting in November, the first meeting in November? That's a month and a -- that's two months. City of Miami Page 11 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Mendez: I believe it's only one meeting in November. Commissioner Suarez: Yeah, yeah, right. And that -- Chair Gort: There is only one in November and one in December. Commissioner Suarez: Let's do the one in November. If we have to postpone it more, we'll postpone it more. Commissioner Carollo: That's fair. Commissioner Suarez: All right. Thank you. Commissioner Carollo: So instead -- I would change them -- Commissioner Suarez: SR.3. Commissioner Carollo: -- motion to defer to November. Mr. Hannon: Commissioners, if you don't mind, I'll just go down the list again just to make we're sure completely clear. Chair Gort: Go right ahead. Mr. Hannon: Thank you. Again, SR.4 to be continued to October 23; FR.1 to be deferred to November 20; RE.13 to be continued to October 23; SR.3 to be deferred to November 20. Chair Gort: Okay. Commissioner Suarez: Sounds good. Chair Gort: The maker of the motion accepts that and the second of the motion also. Commissioner Suarez: Yes. Chair Gort: Any further discussion? Being none, all in favor, state it by saying bye." The Commission (Collectively): Aye. Chair Gort: Thank you. City of Miami Page 12 Printed on 11/17/2014 CA.2 14-00856 Department of Parks and Recreation City Commission Meeting Minutes September 29, 2014 CA.1 14-00854 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2014-2015 ENTITLED: "CHILD DAY CARE FOOD PROGRAM", AND ACCEPTING AND APPROPRIATING FUNDS, IN THE ESTIMATED NOT TO EXCEED AMOUNT OF $82,955.00, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDCARE FOOD PROGRAMS, THROUGH ITS CHILD CARE FOOD PROGRAM ("CCFP") PERMANENT CONTRACT, ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CFDA#10.558; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID ENTITLEMENT AWARD FOR THE OPERATIONS OFAYEAR-ROUND FOOD SERVICE PROGRAM FOR PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS, FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015, WITH CONDITIONS AUTHORIZING THE EXPENDITURES OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENT AWARD IS REDUCED OR INCREASED. 14-00854 Summary Form.pdf 14-00854 Pre-Legislation.pdf 14-00854 Grant Documents.pdf 14-00854 Legislation.pdf 14-00854 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0363 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2014-2015," AND ACCEPTING AND APPROPRIATING FUNDS IN AN ESTIMATED AMOUNT NOT TO EXCEED $249,043.02, CONSISTING OF A REIMBURSEMENT GRANT AWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD CARE FOOD PROGRAMS, THROUGH ITS CHILD CARE FOOD PROGRAMS ("CCFP") PERMANENT CONTRACT ("PERMANENT CONTRACT"), ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CFDA#10.558; AUTHORIZING THE CITY City of Miami Page 13 Printed on 11/17/2014 CA.3 14-00858 Department of Parks and Recreation City Commission Meeting Minutes September 29, 2014 MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE ATTACHED FORM OF THE PERMANENT CONTRACT, FROM OCTOBER 2014 THROUGH SEPTEMBER 2015, WITH THE OPTIONS TO RENEW ANNUALLY UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 14-00856 Summary Form.pdf 14-00856 Pre-Legislation.pdf 14-00856 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0364 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT NOT TO EXCEED $419,166.00, IN THE FORM OF ONE (1) REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") FOR THE HEART OF OUR PARKS OUT OF SCHOOL PROGRAM ("PROGRAM"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR PARKS 2014-2015," TO FUND THE DEPARTMENT'S PROGRAM ATATHALIE RANGE PARK, JOSE MARTI PARK, ROBERTO CLEMENTE PARK, SHENANDOAH PARK, AND WEST END PARK, WITH IN -KIND SERVICES FROM THE CITY VALUED AT A NOT TO EXCEED AMOUNT OF $211,053.00 ("CITY MATCH"); APPROPRIATING THE GRANT FUNDS AND THE CITY MATCH; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN AGREEMENT WITH THE TRUST, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2014 THROUGH JULY 31, 2015, WITH THE OPTIONS TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00858 Summary Form.pdf 14-00858 Pre-Legislation.pdf 14-00858 Legislation.pdf 14-00858 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 14 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0365 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff PH.1 14-00855 Department of Parks and Recreation END OF CONSENT AGENDA Chair Gort: Any other items? Do I have a motion on the consent agenda? Commissioner Suarez: So moved Commissioner Carollo: Second Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Is any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION, THAT AMIGOS TOGETHER FOR KIDS, INC., D/B/A AMIGOS FOR KIDS, ARTS FOR LEARNING/MIAMI, INC., AND MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC., ALL FLORIDA NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS, AND OTHER SUCH ACTIVITIES, IN CONJUNCTION WITH EDUCATIONAL AND PARK SERVICES ATATHALIE RANGE PARK, JOSE MARTI PARK, ROBERTO CLEMENTE PARK, SHENANDOAH PARK, AND WEST END PARK, FOR THE HEART OF OUR PARKS OUT OF SCHOOL PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN COMPLIANCE WITH THE ATTACHED FISCAL YEAR 2014-2015 CHILDREN'S TRUST CONTRACT, City of Miami Page 15 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 RESPECTIVELY, WITH: AMIGOS TOGETHER FOR KIDS, INC., D/B/A AMIGOS FOR KIDS, IN AN AMOUNT NOT TO EXCEED $68,758.00; ARTS FOR LEARNING/MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $43,776.00; AND MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC., IN AN AMOUNT NOT TO EXCEED $51,693.00; EACH FOR A PERIOD COMMENCING AUGUST 1, 2014 THROUGH JULY 31, 2015, WITH THE OPTIONS TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 14-00855 Summary Form.pdf 14-00855 Notice to the Public.pdf 14-00855 Memos - City Manager's Approval.pdf 14-00855 Back -Up from Law Dept.pdf 14-00855 Legislation.pdf 14-00855 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0366 Chair Gort: PH 1. Lara De Souza: Good morning, Lara De Souza, deputy director of Parks & Recreation. This is a resolution of the Miami City Commission, by a four -fifths affirmative vote, approving the recommendations and findings of the City of Miami's Department of Parks & Recreation that Amigos Together for Kids, otherwise known as Amigos for Kids; Arts for Learning/Miami; and Miami -Dade Family Learning Partnership, all Florida nonprofit corporations, are the most qualified firms to provide instruction, family activities, mentoring, community workshops, and other such activities, in conjunction with educational and park services at Athalie Range Park, Jose Marti Park, Roberto Clemente Park, Shenandoah Park, and West End Park for the Hearts of Our Park Out -of -School Program for the fiscal year 2014/2015 Children's Trust contract. Chair Gort: Thank you. It's a public hearing. Is anyone in the public would like to recognize. Yes, sir, you're recognized. Mariano Cruz: Remember, I have two minutes, no more, no less, like everybody else. Chair Gort: Yes, sir. Mr. Cruz: The other day you cut me, okay. Chair Gort: Yes. Mr. Cruz: Thank you. Mariano Cruz, 1227 26 Street. It surprise me. I know Mr. Plasencia from Amigos for Kids. He's always in the social pages, you know, having network in there. But I don't see anything either for Duarte Park or Curtis Park, anything. I mean, what happened? The people in Allapattah, don't pay taxes, although they get the benefit? How come -- I see everybody. Everybody here, downtown, Overtown, this is Shenandoah, they say everything, but what about District 1? You Commissioner of District 1. How come District 1 is not here? Daniel J. Alfonso (City Manager): No, I'll take care of it. City of Miami Page 16 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Mr. Cruz: I want to know that. Chair Gort: Okay. When you finish, I'll answer your question. Is that your question? Mr. Cruz: Yeah. The question is how come we are not there? Chair Gort: Okay. The reason you're not in there, because you receive money from the program children -- what do you call them? Ms. De Souza: There is a second Children's Trust grant -- Chair Gort: Children's Trust grant. Ms. De Souza: -- through the Grants Department. Chair Gort: -- for both parks where they have the activity. Go by and you'll see the kids in there with the activities. It's a different type of funding for -- we get more. Mr. Cruz: But we have plenty of children there. The people there, they don't watch TV (television). You know, they have (UNINTELLIGIBLE) make a lot of children there. Chair Gort: Mr. Cruz, for your information, we have more money in our parks than in the other parks, and we got a lot of kids taken care of. Mr. Cruz: Okay. Chair Gort: If you like to make a donation, we appreciate it. Mr. Cruz: The only thing, I don't want to be treated better or worse than the neighborhood. Chair Gort: I understand. Mr. Cruz: Parity, parity. Chair Gort: I want to treat better. Thank you, sir. Mr. Cruz: Okay, thank you. Chair Gort: Anyone else? Commissioner Suarez: If he wants to make a donation, he's welcomed to. Chair Gort: Do I have a motion? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved and seconded. Any further discussion? Commissioner Suarez: God bless him. Chair Gort: Being none, all in favor, state it by saying Bye." The Commission (Collectively): Aye. City of Miami Page 17 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 PH.2 14-00741 Department of General Services Administration Chair Gort: Thankyou. 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 MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 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 FOR THE PROVISION OF CUSTODIAL SERVICES AT MIAMI CITY HALL; APPROVING THE AWARD OF SAID SERVICES TO UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI, INC. (FORMERLY HOPE CENTER, INC.), FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2016, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $68,888.00; WITH FUNDS ALLOCATED FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, PROPERTY MAINTENANCE, OTHER CONTRACTUAL SERVICES, ACCOUNT CODE NO. 05001.242000.534000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00741 Summary Form.pdf 14-00741 Notice to the Public.pdf 14-00741 Memo - City Manager's Approval.pdf 14-00741 Back -Up Documents.pdf 14-00741 Back -Up from Law Dept.pdf 14-00741 Legislation.pdf 14-00741 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0367 Chair Gort: PH.2. Ricardo Falero (Director): Good morning. Rick Falero, GSA (General Services Administration). A resolution of the City of Miami Commission, needing a four -fifth affirmative vote, for the approval of the City Manager's recommendation of waiving the requirements for competitive sealed bidding matter for the provision of custodial services at Miami City Hall; approving the award of such services to United Cerebral Palsy Association of Miami, Inc., formally Hope Center. This is for a period of October 1, 2014 through September 30, 2016, with options to renew for three additional one-year periods, at an annual amount not to exceed $ 68,888. Commissioner Suarez: Move it. Chair Gort: Thankyou, sir. It's been moved by Commissioner Suarez. Is there a second? City of Miami Page 18 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. You're recognized, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 26. I am in favor of this, because I know -- I come here. I know the work -- like Stephen, and Jose, and Alba and everybody's doing here. I don't know how much they pay. They -- maybe they get paid a little over minimum. Maybe they should get a living wage too; they get more money, too, okay. Because I get paid no money. I got the time and the thing to come here. Chair Gort: You don't pay taxes; we understand. Mr. Cruz: They don't pay (UNINTELLIGIBLE). Chair Gort: Thank you, sir. Mr. Cruz: Thank you. Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I just want to echo Mariano's statement. I think Jose and Alba do a wonderful job of not only cleaning City Hall, but also brightening our day, which is so much more valuable than the money that we pay them. Thank you. Chair Gort: Let me tell you. We have to thank a lot of these organization. You can include Goodwill in it. We have the -- they take the people nobody wanted to help with and work with and they train them and those people are able to work today and become citizens. They can afford to live by themself. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Is there any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Commissioner Suarez: Did we do the minutes? Mr. Falero: Thank you. PH.3 RESOLUTION 14-00789 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO APPLY FORA SECTION 108 LOAN IN THE AMOUNT OF Economic SIX MILLION DOLLARS ($6,000,000.00), FOR THE CONSTRUCTION OF A Development 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 of Miami Page 19 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 SR.1 14-00892 District 4- Commissioner Francis Suarez (SR.1) 14-00892a 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 Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort Vice Chair Hardemon: We also need to withdraw PH.3. Daniel J. Alfonso (City Manager): Yes, yes. Vice Chair Hardemon: There's no objection; motion passes and we close. Thank you all. Mr. Alfonso: Is there a motion to adjourn I suppose? Vice Chair Hardemon: I just closed it. Mr. Alfonso: You just closed it. All right. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TEMPORARY MORATORIUM ON FUTURE 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 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon District 1 - Commissioner Wifredo (Willy) Gort 13480 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING CONGRESS TO AMEND THE ANIMAL WELFARE ACT TO IMPOSE HEIGHTENED STANDARDS FOR COMMERCIAL BREEDERS OF CATS AND DOGS AND TO INCREASE FUNDING FOR ENFORCEMENT OF THE ANIMAL WELFARE ACT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS City of Miami Page 20 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0381 Chair Gort: Okay, SR.1. Commissioner Suarez: Mr. Chair, SR.1 is a temporary pet moratorium for six months with a examination period while we look at how the stores in our City, particularly many of them are in my district, the source of their purchasing of pets from commercial breeders or puppy mills. You know, I've received a tremendous amount of a -mails (electronic) in support of the legislation. Since we passed it on first reading, it's garnered a tremendous amount of attention. This is something that many, many cities are doing, and we're getting a lot of kudos for stepping up and doing something that is very humane in terms of the treatment of animals. You know, we obviously went and have -- it garnered a tremendous amount of press, so you know, we are going to continue in our efforts to go to each store in the City of Miami. I believe we're down now to like nine, ifI'm not mistaken, and actually go and see where the source of their animals are from, so we have the moratorium period for that. It's not going to put anyone out of business and -- I know there's some confusion about that. I know the City Attorney wants to clarify the legislation to say that the future certificates of use that are -- or BTRs (business tax receipts) that are going to be applied for. But this is something that I think is the right thing to do, and with that, I'll move it on second reading, and I thank my colleagues for their support. Chair Gort: Okay. It's been moved. Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Discussion. Okay, one question: My understanding is -- I've always understood that this does not affect the existing businesses, because I'm getting a lot of phone calls. I want to make sure people understand. The existing businesses should be educated then we're going to try to get people to go to them and tell them what the problem is; if they are purchasing from the people that we don't believe -- not us; the proactives [sic] in this, okay. Thank you. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I agree a hundred percent with Commissioner Suarez about this one, because it was long-time coming, this, because I know because we had dogs being picked up in the street. My son -- two stray, and one of the people move and they don't have the money to keep it. One is a German Shepard; the other one is a American bulldog. No. They're there, and we taking care of them. But I agree with what Commissioner Sarnoff say the other day, even ifI don't agree with him in many things, and he doesn't agree with me. You laugh when they told you to put me on the Civil Service Board, but -- no, that's all right. I don't get mad. I don't get even. I get ahead. But what he say about Gandhi -- quoting Gandhi, a good people are the one that treat the animal fair. I agree with you on that. That was a good quote. And this ordinance help. It should be a long time coming and they should -- but the implementation is what it get to be about. Put some teeth on it and get on it. Thank you. Chair Gort: Thank you, sir. I understand there's a couple of speakers. Todd B. Hannon (City Clerk): Yes, sir. The next speaker is Don Anthony. Don Anthony: Good morning, everyone. I'm Don Anthony, communications director for the Animal Rights Foundation of Florida. We have 5,000 members around the State. We're based in Fort Lauderdale. And I support the moratorium on new pet shop licenses. This Commission City of Miami Page21 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 already knows that pet shops get their dogs from puppy mills. The vast majority of animals in pet shops today do absolutely come from puppy mills. You know that female dogs live their entire lives in crowded cages. They're filthy; disease runs rampant. You know the story of puppy mills. You've seen the picture of puppy mills. I don't have to go over that again. You also know that ordinances of this type protect unwitting consumers who buy a dog and then find out months later that they have many, many inherent diseases, and conditions and defects that they didn't know when they first got the dog out of the store. You also know that taxpayers in the County end up footing the bill on these animals. Their sky-high vet bills are dumped at County shelters because the owners can't afford them anymore. And you also know that this ordinance and these ordinances that are being passed all around the country do not affect hobby breeders. They will still be able to sell directly to the public as always. These ordinances do not hurt any businesses, any small businesses in any way. We actually support pet shops and encourage them to open up in the City. They can sell food, and supplies, and everything else, like vet services, and grooming services and doggy day care. Those can all be very successful businesses on their own. This six-month moratorium will give this Commission ample time to investigate and to clearly establish the connection between the abusive conditions that animal suppliers and the consumers and taxpayers who bear the financial and emotional brunt of the problem, and of course, the suffering that the animals have to deal with that come from puppy mills and the ones that remain behind puppy mills in all their lives. Any current pet shops in Miami should support this ordinance. This moratorium is important. They should be thrilled They should be doing cartwheels knowing that for the next six months, no new competition is going to open up across the street, and it does not affect them. So I'm asking that, once again, you vote unanimously to pass this ordinance on second reading. Chair Gort: Thank you. Mr. Anthony: Thank you very much. Chair Gort: Thank you. Mr. Hannon: Michelle Lazaro. Antonio Alvarez: Hi. My name is Antonio Alvarez. I have a dog grooming salon, dog training right over in Beacon Boulevard, 142 Beacon Boulevard, 33135 area code. I don't know if it's Carollo or Suarez, my Commissioner. Oh, okay, very good. There we go. Basically, what Don said, you heard it all before; basically right. I'm into this business, andl know what do. I get offers every day to sell dogs, and they say I can make a lot of money. Well, if I want to make a lot of money, I'll go back to selling cars. The reason being is I do this because I like it, I enjoy it; I love the animals. People who sell dogs, they don't love animals; they don't care for their welfare. I'm talking about pet shops. I'm not talking about breeders. Breeders do love their animals, because they're very particular who they give it to, okay. Second, everybody's going to say the welfare, the well-being of the person who's selling the dogs in the pet shop. Well, what about the welfare, the well-being of the animals? Okay. What are we going to do? We're going to keep waiting, waiting, waiting till it really explodes? Reason being is they can do something else. I do it. Am I struggling sometimes? Sure. Don't we all. We're always on the roller coaster ride. We're up and down. We're up and down. Chair Gort: That's the economy. Mr. Alvarez: So that's life and that's the way it is. You know, if they're going to cry about it, it's not a business they should be in. This is a (UNINTELLIGIBLE) business; what you love to do. It's not a business to make profit. It's not a business. It's the care and the well-being of the animals. And this -- basically, what Don told you is the truth. These animals are sick. I see them every day. They come to my grooming shop. They don't even get the pets they bought. They tell me, Oh, this is a poodle. "This ain't a poodle. This is a Bichon Frise. You know, they're City of Miami Page22 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 getting misled and they're getting bad pets. So like I said, first of all, let's look for the well-being and the care of the animals, and let's worry about that. And I hope you do the right thing. Chair Gort: Thank you, sir. Mr. Alvarez: Thank you. Michelle Lazaro: Good morning. Michelle Lazaro, 2621 Northeast loth Street, Hallandale Beach. I want to thank you all again for bringing this important issue forward, and thank you to Commissioner Suarez for his support and his leadership. As you know, this recently has been the cause for some media attention, but I would like to remind everyone, as everyone else has, that this is not hurting any new businesses or is it hurting the City, and the status quo hurts no one. The new County ordinance goes into effect January 1. And I can tell you why I believe that will not be effective enough. I have stated this publicly to the County Commission; it's no secret. I know that it will not be effective enough because puppy mills or commercial breeders are the only sourcing of these dogs. And how do I know this? Because no decent, honest, responsible breeder would ever sell to a pet store. It just would not happen. In addition, even if they would sell to a store, there is no profitability because a pet store would need to buy from a breeder, and you can't sell the pet store a dog for a thousand or $2, 000 and then have the dog, in return, sell it for 7 or 800. That's how we know no responsible breeder would sell to a pet store. A true breeder does genetic screening, checks the home of the new dogs that the guardian will be buying before they are sold. That will not happen in a pet store. The dogs that are breeding for the stores are nothing more than commodities. They live their entire lives, as Don said, in squalor as reproducing machines. As I said before, this is the reason so many municipalities in this country have opted out of the sales of commercially -bred dogs, and if there was another way, I'm sure they would have taken those measures. Thank you again for your support, and I'm available for any questions or concerns you may have. Chair Gort: Thank you, ma'am -- I mean, Commissioner. Welcome to the City of Miami. Anyone else? Mr. Hannon: Chair, there are no additional speakers. Chair Gort: Public hearing is closed now. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Two things. I -- one is, I just want a confirmation. I think it's been stipulated already. This not -- this does not affect current pet shops owners. This is for any new pet shop owners, correct? Victoria Mendez (City Attorney): Correct. Commissioner Carollo: And now, the 18 months, during that 18 months, who's going to be doing the investigation and so forth? Because I don't think the City has -- I'm not sure if the City has the jurisdiction. I don't believe they do, but again, I'm -- my question is who's going to be doing the investigation into these puppy mills or pet shops or whatever may be? Commissioner Suarez: Mr. Chair, if may? Chair Gort: Yes, sir. Commissioner Suarez: I think it's six months, and I think what the idea was -- and I want to City of Miami Page23 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 thank Sergeant Ortiz, who's not here. I don't see him today from the FOP (Fraternal Order of Police). But he offered to go with our Code Enforcement Department to each store. I think we had whittled them down to nine. We thought there were 13 or 14 as of the last Commission meeting -- or the first Commission meeting, but now it appears that there's only nine. So, actually go and visit with them and get their source documents, the documents from where they actually purchased the animals. And once we know where they purchased the animals, then we know the conditions that those animals are being treated. And I think with that education, we can decide whether we want to continue the moratorium or whether we want to study the issue, whether we want to talk to our residents more and see what their perspective is or whether we just want to make a permanent ban. I can tell you that I've received countless e-mails since the first reading, and everyone has universally been supportive of what we've done. In fact, I've gotten -- a lot of the e-mails are personal stories from people who talk about the horrors that they've had to experience and the money that they've had to spend treating dogs and ultimately unsuccessfully and if -- implored as to keep pushing forward, because they want to avoid future victimization. So I think we have a plan in place. I think, you know, with Code and with Sergeant Ortiz, we can do it probably a lot sooner than six months, and hopefully, what we'll get is a -- some sort of a report. Mr. Manager, if we can get some sort of a report circulated to the Commission, which describes the findings, I think that would be very helpful in educating the Commission. Thank you. Chair Gort: Let me tell you what I'd like to do. I'd like to see a resolution asking the Federal Government, the State Government to really oversee and regulate this problem, because I -- we've been seeing it -- for years we've been seeing the reports on television, the reports about the amount of puppies that are being sold. I got a friend of mine just had a purchase some -- a puppy. It was a Akita. And they had to go through all kinds of questions, and they had to make sure that they could keep up with him, and it's amazing all the process they have to go through. I think we need -- we also may need to add a resolution later on; bring it to us where we can send request from the Federal Government to really look into this and oversee this puppy mills. Yes, sir. Commissioner Sarnoff So, first off, I want to congratulate Commissioner Suarez for doing this. I think it's one of the best pieces of legislation you could bring forth. Maybe, you know, being a huge animal lover, a big dog owner, certainly something near and dear to my heart. But just answer a question that I think as the gatekeeper of use permits, we can make sure that we don't just issue a use permit for somebody who's about to open up a pet store. We can then do our investigation -- because like you said, you're not putting anyone out of business; you're just not putting anyone into the business of. So as the gatekeeper, the City of Miami could certainly do its due diligence and make sure that that is -- facility that is not going to be selling puppy mills. How effective we are at it, you know, is a product of us. It's a product of our ability to get things done. The legislative intent behind this is extremely clear, and that is, Commissioner Suarez saying, Enough is enough. "Possibly, if a couple of these federal lawsuits are successful, maybe we would bring a ban someday on this practice. And if you could indulge me, because I'm so taken by your ordinance, we picked up a couple of videos that I think no lawyer, Commissioner Hardemon, as you know, can speak as well as a video or a picture can, so a picture's worth a thousand words; just two minutes. We did not get at the worse, I promise you. If you could just show the video? Because this is what a puppy mill is. Note for the Record: At this time an audio -video presentation was given. Chair Gort: Okay. Commissioner Sarnoff Thank you, Mr. Chair. I just think that says it all. I mean, we all think we're the best intentions; walking into a store buying a puppy and, in fact, -- I think it's said best, you've condemned the mother and the father, and I would say, especially the mother, to a life of -- some of them never having ever been outside of their cages. City of Miami Page24 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Okay, it's an ordinance. Commissioner Suarez: Thank you. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Excuse me, Chair. Chair Gort: Yes. Mr. Hannon: Madam City Attorney, I notice that you mentioned future facilities. "Are we amending the --? Ms. Mendez: Right, as amended. Mr. Hannon: Thank you. Chair Gort: As amended, yes. Mr. Hannon: Roll call on item SR.1. Commissioner Sarnoff? Commissioner Sarnoff Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Mr. Manager, I want to make sure whatever team is going to put together is in coordination with the Administration. Daniel J. Alfonso (City Manager): Yes, sir. Chair Gort: Okay, thank you. Yes. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Chair Gort: Thank you all. Now we got a time certain. Ms. Mendez: Chairman. Chair Gort: Yes. Ms. Mendez: I'm sorry. Before you go ahead, you had also requested that possibly we draft a resolution asking the State and Federal regulators to assist us. Can I have a motion for that so I City of Miami Page25 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 could draft something? Chair Gort: Not only us, but my understanding is I was -- during the presentation, there's no really regulation -- Ms. Mendez: Yes, correct. Chair Gort: -- by the Federal Government or the State Government on these puppy farms. Ms. Mendez: So is that a directive so that I can -- Chair Gort: Yes. Ms. Mendez: -- draft something? Chair Gort: I'm sure the Commissioners -- Ms. Mendez: Draft a resolution -- Chair Gort: I'm sure Commissioner Sarnoff will help you on that. Yes, sir. Commissioner Sarnoff All right. I'd like to make -- you actually -- Chair Gort: Right. Commissioner Sarnoff -- what I learned in this process is the largest puppy mills exist in North Carolina, Arkansas and there were two other states; Florida not being one of the largest producers, but there is no legislation in those respective states, so I think the right thing to do is pass a resolution asking -- Commissioner Suarez: Urging. Commissioner Sarnoff -- the Federal Government to do exactly what Commissioner -- the Chair said to do. So I will make that motion. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying fiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Mendez: Thank you. SR.2 ORDINANCE Second Reading 14-00659 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE VIII, ENTITLED "SQUATTERS", CREATING DEFINITIONS AND PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. City of Miami Page26 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 14-00659 Memo - Office of the City Attorney FR/SR.pdf 14-00659 Memo -Administration FR/SR.pdf 14-00659 Legislation FR/SR.pdf 14-00659-Submittal-Commissioner Suarez-Amendment.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 13479 Commissioner Suarez: SR.2, Mr. Chair, if may? Chair Gort: SR.2. Commissioner Suarez: Mr. Chair, SR.2 is a squatters ordinance that I sponsored and, you know, and I first of all thank my colleagues for their support. I think the squatter issue is an epidemic in the City. I know that you have been very passionate on this issue, as well, Mr. Chair. And one of the things that I wanted to advance as a amendment to that ordinance is that the City resident who's trying to avail themselves of this ordinance have to pay an administrative fee in the amount of $500. That can be a pilot program. Mr. Chair, that can be done on a pilot basis as we determine what the -- get a feel for what the actual costs are. We tried to get a feel for those costs, and it was kind of hard to do. The other thing is that -- you know, we want this to be a process that is efficient for our residents, and we want -- you know, this is based and modeled off of the Miami -Dade Squatter Squad and the Coral Gables ordinance. So what we're doing here is a template really for what other cities -- and we have members of the Miami Realtors Association who are here and they can talk about the fact that this ordinance, once approved, hopefully with your support, will be used as a model by other cities. This is an epidemic, and it's one that we're struggling with, and we just had a situation actually last week -- and I want to commend in a special way Commander Lozano, members of the Police Department for helping us with the situation where we had a resident who was buying a property, and in the process, when they were about to close and they were buying it from a bank, they realized that there were squatters, and thanks to the proactiveness of the Police Department just in visiting the people -- and all they did was visit and say, !ley, look, you know, we know what's going on here. "The squatters themselves had a record, had -- and did not want to call attention to themselves, so they themselves moved out and abandoned the house. So we were able, in effect, to get the trespassers out of the property prior to the closing, which would have cost that new resident thousands of dollars, potentially, in legal fees, and the delay of having to buy a house with someone else living in it, which is unbelievable, and having to go through the foreclosure process, which can take months. So I think we should have the fee as a pilot program fee for a year while we analyze it. I know that the Manager will probably be appreciative of that as he analyzes what the true costs of this, and we can also measure the effectiveness of the program. What we saw at the County is that about three hundred and some people in the period of time since they enacted the squatters squad availed themselves of the service that only about 70-some actually were successful in getting the squatters out. So you know, we also want to see how effective the ordinance is, whether it needs tweaks. And I want to thank also J.C. Perez from the City Attorney's Office. He's been very helpful, and him and I kind of go back and forth on the fine points of the legislation, as a real estate attorney, and he's been a very constructive member of this process, and I really want to thank him for that, and the City Attorney obviously for -- who's been, you know, with me extremely helpful in the Code Enforcement context in becoming proactive, and I think that's something that I heard from Commissioner Sarnoff when I got here, and it's something that I continue to hear from Commissioner Gort, from the Chair, and from others. So with that, I will move SR.2. And I thank you for your support. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? City of Miami Page27 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: And -- I'm sorry. It's as amended. This is the amendment. Chair Gort: As amended. Commissioner Sarnoff Second Chair Gort: Second by Commissioner Sarnoff. Public hearing. You're recognized, Mr. Cruz. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. My wife is going to be very happy with this ordinance, because we happen to have -- anyway, she's flying now over the Atlantic coming from Brussels, after spending one month in France on Jet Air now. We know in the -- we know everything which she's doing, flying -- My vacation is over. Now, there is a house -- my daughter owns a duplex, 1235 and 37 Northwest 26th Street, and the house in the back, 1236 Northwest 27th Street have been abandoned for years now, and there are people living there. They even put a mailbox, but the lady that deliver the mail there, Valencia Gimenez, told me, No, I'm not leaving any mail there, because I write 'vacant' and send the mail back, 'because they want -- no. And you know, my wife want the people to be taken out. And you know what Commander (UNINTELLIGIBLE) say? f cannot go there and tell -- and get them out. It have to be a certain legality, you know, doing things.'And that's what the ordinance will do. And that's the main thing, because the police cannot go there and get the people out unless there is the ordinance that will help them to do it. Because otherwise, you know, their hands are tied. The people say, No. I have a paper. I am renting from somebody. "And that's what they do. And there is even a website that tells the people what to do to beat the system. You know, you enter that (UNINTELLIGIBLE) www and you will find it there, and they will tell you what to do. You can live for free, for free, or whatever it is. And it happening -- all over the place it's happening. Commissioner Suarez: Agreed. Mr. Cruz: And thank you. Commissioner Suarez: Thank you. Mr. Cruz: My wife is going to be very happy with that. Commissioner Suarez: I'm -- Mr. Cruz: With that. Commissioner Suarez: -- happy if she's happy. Mr. Cruz: I tell you, the other day I told you -- your father at the Commission, I read the article about the -- with the one that he wrote together with Marvin Dunn. Commissioner Suarez: Yes. Mr. Cruz: That was a very nice article. I told him at the Commission -- Commissioner Suarez: On Ferguson. Chair Gort: Thank you, sir. Anyone -- Victoria Mendez (City Attorney): Chairman. City of Miami Page28 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: -- else from the public? Wait a minute. Ms. Mendez: Could you ask him to repeat the address so we can --? Or tell me later. Commissioner Suarez: Yeah, he'll tell you. Chair Gort: Let somebody come to him and ask for the address. Get somebody on your staff to get the address. Anyone else in the public would like to address? Yes, sir. Bruno Lopes: Good morning, Commission. Bruno Lopes, with the Miami Association of Realtors. Commission, thank you for the opportunity to speak. We just want to say that representing around 33,000 members, we're in support of the ordinance. We think it's a great tool to be able to continue the market -- move the market forward and not let it stall. Like the gentleman said, without an ordinance, the police hands are tied. And we hope to take this model over to other cities. We're already in talks with Miami Springs and a few other cities, and we hope to continue to use it. And should we come up with any other suggestions along the way, as it is a pilot program, we'll be happy to do so. Chair Gort: I believe you all can be very helpful to us, because you're in the street, you're looking at the properties, and you can see when there's a squatters in the property. Let us know; inform us. Because a lot of the problems that we have -- unfortunately, we have the squatters, we have violations. We get calls from the neighborhood. We get calls from the residents, because the activity that taking place in there and, yet, there's nothing we can do about it, and we keep getting calls and calls, and we get blamed that we're not doing anything. So I think, if we can expedite the process, it'll be even better. Because my understanding is, Miami -Dade County, what they do is the property owner, with a police officer, go and get the people out, so. Okay, any further discussion? Mr. Lopes: Thank you. Chair Gort: It's an ordinance. Ms. Mendez: An ordinance -- Chair Gort: Wait a minute. Excuse me. Vice Chair Hardemon: I didn't see the -- whatever the reco -- the -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- amendments were. Commissioner Suarez: Let me -- I'm sorry. Yeah. And, Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: We tried to quantdy the costs. We weren't able to do that, so what I said was on a pilot basis, I asked the Administration if they would be okay and the City Attorneys Office if they were okay with designating a fee of $500, and they said that they were fine with that on a pilot basis. So once we have this program in place -- we also want it to be efficient, and effective, and inexpensive for our residents so that they understand they have a tool that they can use to get trespassers out, and I think that's the key. The key is, you know, better defining who a trespasser is and how we can define what a trespasser is so that we can act immediately versus a tenant in possession, which has a variety of different rights under State law. City of Miami Page 29 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Who's going to pay the fine? Commissioner Suarez: The owner. Chair Gort: Who's paying the fine? Commissioner Sarnoff Well -- Ms. Mendez: It will be a special assessment on the property, so whoever acquires the property after will pay the fine. Chair Gort: Okay, got you. Yes, sir. Vice Chair Hardemon: So -- and it goes to what you were speaking of Commissioner Suarez, earlier when you stated that you could not find the cost of actually -- of completing this removal so, thus, you want to make it just a $500 -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- fine? Commissioner Suarez: What happened was when we tried to determine the exact cost, it's very, very nebulous, because it's hard to assign certain costs of certain functions of certain people. So what we said was let's put a -- for a pilot -- on a pilot basis, let's put a fee of $500, and then we will kind of look at it as time goes on and see if that fee is a good representation of what the actual cost is. Vice Chair Hardemon: Okay. And the -- Commissioner Suarez: But it's definitely conservative, in favor of the resident. Vice Chair Hardemon: And Madam City Attorney, in the Section 10-123 under "penalties," where it says, Any violation of the provision of this section may be cited,'i"ight, find shall result in a $500 fine for each stated violation remains uncured,'I'm trying to understand how, in that section, it applies to, say, some violation. I understand, under 10-25 -- 10-1 -- 10-125, removal of squatters and special assessment lien for cost of such removal. But give me an example different from that where the penalty will come involved. Ms. Mendez: Which section are you reading? Vice Chair Hardemon: Section 10-123, [3enalties,'fn our legislation, under the ordinances on page 204. Ms. Mendez. Well, basically, what might happen at the same time as this comes before a special master, there might also be other provisions cited in Chapter 2 of our ordinance, so regular Code Enforcement cases. So we might just have to do -- well, you know, have the opportunity to do Code Enforcement cases -- Commissioner Suarez: Can I jump in? Ms. Mendez: -- and this one. Commissioner Suarez: Can I jump in, because --? Okay, because I want to give you a specific example. I think what you're asking for is a specific example, and I think -- okay, there is two situations. One situation is the one that I kind of just articulated where somebody who's a City of Miami Page 30 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 responsible owner buys a property and finds that there is a squatter, goes through this process, gets the squatter out as a trespasser, and pays a $500 fee. I think 10-123 envisions a different scenario. Ten dash one twenty-three envision the scenario, for example, like a bank who owns a property, and if they're violating 10-122 -- say, for example, they're just not doing anything about the squatter. Because a squatter doesn't only affect that property; it affects all the surrounding properties. You have music playing at all times, a bunch of cars. That person who's being negligent, I guess is -- that's a legal term -- but that person who's not doing anything about the situation is not only negatively impacting themselves, but they're negatively impacting their neighbors, and I think that person can be Code -enforced, and that's what I think is the difference. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: One more -- The -- another thing was under the Section 10-125, it goes into -- if you look at the first sentence, The City is authorized to remove squatters from private property and to secure the property. The property owner or lessee shall reimburse. "Is this supposed to be --? And every time it refers to Tssee,'i'essor,'the person who's actually giving the lease and not necessarily receiving it -- the giver of the lease, the property owner -- Ms. Mendez: Right, it's the property owner or the lessee, whoever -- Vice Chair Hardemon: But the lessee is the person that is the tenant. Is that what was -- Ms. Mendez: It's -- Vice Chairman Hardemon: Because -- Ms. Mendez: -- whoever is determined after the public hearing with a special master, that person shall pay. So the order will be specific as to say who's responsible for the payment of the special assessment. Vice Chair Hardemon: No, but what I'm confused about is that -- say, for instance, if I'm leasing a -- ifI believe that I'm leasing a unit, right, so I'm the lessee. If I'm living -- Ms. Mendez: Right. If you're a bona fide -- obviously, we're not here to penalize the bona fide lessee that went and they got a lease from someone, and they paid their first month and their last month and their -- we're not here to penalize them, but unfortunately, if they are inappropriately leasing a property, they need to move on. And the City can assist, hopefully, with finding them a new place. But with respect to this ordinance, it's really trying to move along the persons that are inappropriately leasing and causing a disturbance to the rest of the neighbors. Vice Chair Hardemon: So if I'm the lessee and I'm leasing the apartment as the lessee, you're coming to remove me. You're coming to remove me from the apartment. And so then I would pay the cost of my removal? Ms. Mendez: It depends after -- Commissioner Suarez: Can I --? Ms. Mendez: Everybody -- I think the biggest problem you're having -- Commissioner Suarez: Guys. Ms. Mendez: -- is due process. City of Miami Page 31 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: Guys, let me chime in, because he's asking good questions and he's not getting good answers, okay. So here's the deal. Ms. Mendez: I think I've said that we will have a public hearing with the special master -- Commissioner Suarez: No, no, no. Ms. Mendez: -- who will address the concerns after the hearing is done. Commissioner Suarez: Okay. Wait, wait, wait. Ms. Mendez: That's the point I'm trying to make. Commissioner Suarez: Wait, wait, wait. He's asking good questions, very legitimate questions. His question is why does it say -- in my opinion -- the question's: Why does it say lessee'ff we're saying the person is a squatter, okay? So the question is -- let's say you have a sublease -- or not even a sublease. Let's say you're the lessee, right, and someone else has squattered [sic] on the property, even though you are a valid leaseholder. That person may be liable to the landlord, to the owner for the fee incurred by contract. In other words, if you have a lease, the lease will say, "Any City fines that are incurred on behalf of the owner will be paid by the leasee." So let's say the leasee takes off and subleases it without permission to someone else; that person's not legally authorized to be there. So that's why I think you put "lessee" in there. But it is a little bit confusing, I have to say, because it gives the impression that someone is a lessee, which is not the impression that we want to give. We want to be clear that you're distinguishing a squatter as a trespasser versus someone who has leasing rights. So I think you have a good question. I don't know think you were getting the right answer, no offense to the City Attorney. Ms. Mendez: None taken. Commissioner Suarez: But it could -- to be clear, I think it should say, "the property owner, lessee or squatter, " to be honest with you, because there is no reason why we shouldn't be able -- or an owner shouldn't be able to get a judgment against a squatter, file suit. I mean, it's probably uncollectable, but I think it should say -- my -- I think it should say, "The owner, the lessee, or squatter shall reimburse the City." Or lfnd squatter,'br whatever. I don't know. And/or. I don't know how you would phrase it. Chair Gort: My understanding -- excuse me. Let me interrupt a minute. My understanding, I was told -- Frank Castaneda (Chief of Staff District 1): The owner cannot be a lessee. Chair Gort: -- that -- Commissioner Suarez: Right. I agree. Mr. Castaneda: I don't think (UNINTELLIGIBLE). Chair Gort: -- nobody's going to be paying me. A lien is going to put on the property or something's going to put on the property. Ms. Mendez: Correct. Chair Gort: So whoever owns the property is the one that's going to be responsible for the expenses; my understanding, what you stated at first. City of Miami Page 32 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Mendez: Correct. However, with that said, this is going to go -- this is -- due process is what we're most concerned about, and this will have a public hearing before a special master. If, for some reason, there is some costs that need to be paid by the lessee or the -- it will be stated in the order clearly, depending on the facts of every case. If we're too strict on how we put this ordinance, we really won't be able to address all the concerns that the Commissioners are coming to us with in all the different scenarios. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: You can put a squatter to pay for it; they never going to pay. A lessee that doesn't pay his rent and have (UNINTELLIGIBLE) is not going to pay it either so. Ms. Mendez: I understand, but we can always -- remember, people are in different -- own different properties; they own properties in joint ownership with other people. This can affect other real and personal property, depending on how we do it through Code Enforcement or a special assessment. So these are opportunities. Chair Gort: Vice Chairman Hardemon. Commissioner Suarez: I hear you. Chair Gort: Wait. Let -- Vice Chair Hardemon: So I want to be very clear. Where we have property owner or lessee, we're not talking about things that are different from each other. We're not talking about (UNINTELLIGIBLE). You're either a property owner -- if you're a property owner, most likely then you are lessor, right? Ms. Mendez: Correct. If we want to limit it to that, we can. And then, if we have problems in the future, if this is causing -- I was just trying to be as broad as possible to try and capture as many scenarios, but if you're having a -- Vice Chair Hardemon: I just want -- Ms. Mendez: -- concern, we can -- Vice Chair Hardemon: My basic concern -- I just want clarification so when I read it -- maybe I see things differently from the way you see it, and that's why I'm asking you to clam it for me. Because when I read it, to me, I thought you were trying to say the property owner, right, or the Ms. Mendez: The lessor. Vice Chair Hardemon: -- lessor, right -- Ms. Mendez: You were thinking -- and -- Vice Chair Hardemon: -- versus a property owner and someone (UNINTELLIGIBLE) opposite, which is the actual lessee. Because if I'm the lessee, right, then -- ifI actually have a valid lease agreement, I'm assuming in my mind, Keon Hardemon is assuming then that I will be occupying the property and not someone who -- Ms. Mendez: Then, in order to clarify and to allay your concerns, maybe we should just put property owner or squatter and -- City of Miami Page 33 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: That's what I would recommend. Ms. Mendez: -- do that. Commissioner Suarez: Or just put property owner and -- Ms. Mendez: For now. And if we have -- Commissioner Suarez: -- and delete -- Ms. Mendez: -- problems, we can come back. Commissioner Suarez: Or just put property owner. Because what I think's going to happen here -- I think Commissioner Hardemon's a thousand percent correct. I think this is a little confusing. I would just put property owner and leave it at that. Ms. Mendez: Okay. Commissioner Suarez: And I would say that -- you're going -- the situation here is going to fall into one of two categories. Most likely, the property -- if it's a responsible property owner -- and we'll have like two categories -- that person themselves will be calling the City saying, !ley, can you get this person out?" And if they follow this procedure -- if the City follows this procedure, $500 at the end of the day is going to be a God -send for them in terms of -- as you know. Vice Chair Hardemon: And moreover, and once it goes to court, if the person is trespass, they can assign whatever the cost -- Commissioner Suarez: Absolutely. Vice Chair Hardemon: And then the only other thing was the presumption, and my civil attorneys might be better at this, but the presumption section that's placed here, 10-126, where it says that squatter may presume with occupancy of the property he's unable to produce a written document, and it goes on further. But the presumption is that to be used in the -- whatever the hearing that they're in? And then are we -- do we have the legislative authority to actually draft a presumption into our ordinance? Commissioner Sarnoff Well, you remember in criminal law, you couldn't do that. Vice Chair Hardemon: Right. Commissioner Sarnoff But in civil law, you can use presumptions. Vice Chair Hardemon: We can -- but we can write it ourselves. In federal -- Commissioner Suarez: Yeah. Vice Chair Hardemon: The Florida Supreme Court, of course, writes certain presumptions that we all use in the State of Florida, but this is okay here? Ms. Mendez: Yes. But more than anything, I do want -- Commissioner, because I know that you're very interested in everybody getting their day in court or their day with a special master. Whenever there is something that we feel that we're going through the process and we cannot tell what is going on, obviously, that's not the case. There is going to be some cases that we cannot address, and it's going to have to be handled through a court of law. Whenever it's something City of Miami Page 34 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 that we have enough information to bring forth to a special master -- We're not going to put ourselves in a position that we'll have any certain civil rights or, you know, problems. This is something that we're just trying to go through a process that will give people the opportunity to come and explain the situation, and if not, move along if they need to. But we're not preempted from doing this. Vice Chair Hardemon: So what this presumption is, this is a presumption presented when you have a proceeding or is this presumption -- Ms. Mendez: Proceeding. Vice Chair Hardemon: -- something -- Ms. Mendez: We're not -- Vice Chairman Hardemon: -- where a police officer -- Ms. Mendez: Right. Vice Chairman Hardemon: -- arrives at the house, doesn't have a lease, and he can presume -- Ms. Mendez: Well, we're not going to be kicking anybody out when we arrive and, you know, discuss, "Do you have a lease? Do you not?" And then the person had a lease at someone else's house, and we're not going to be kicking anybody out without a quick hearing. That's the point of this. Vice Chair Hardemon: Anyway -- Chair Gort: Let me ask a question. You finish? Vice Chair Hardemon: Yeah, I'm done. Chair Gort: How about their property where crime is taking place, there is nobody -- there is no squatter, but 8 o'clock at night, 9 o'clock at night they decide to have parties in those houses, and they go in there, and they have all kinds of functions and alcoholic and dances and the whole works. What is the procedure for that? Ms. Mendez: The procedure for that that we have done in the past, there is two different types of things that we've done. One, we've gone through the regular Code Enforcement process, because sometimes it is a absentee landlord. Commissioner Sarnoff can tell you that we've had several party houses in his district that we've gone to court over and been able to, I think, ameliorate the situation after a few months. But more than anything, this is addressed to solve those living in a property that they're not supposed to. Chair Gort: No. I understand, but my problem is -- Ms. Mendez: Party houses, Code Enforcement -- Chair Gort: -- one of them where it causing criminal activities taking place, there is smoking marijuana, changing drugs, all kinds of -- Ms. Mendez: We do Code enforcement, nuisance abatement, or injunction, if necessary, and that's why I welcome your office to send us those type of cases, because that's what -- Chair Gort: We have. City of Miami Page 35 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Mendez: -- we've done. We -- Chair Gort: We've had Ms. Mendez: Okay. Commissioner Suarez: May I, Mr. Chair? Ms. Mendez: And we will -- Chair Gort: We'll continue to do so. Ms. Mendez: Okay. Chair Gort: We've been doing it for a while now. Commissioner Suarez: Mr. Chair. Chair Gort: It takes a long time. I want to see -- this procedure, how long is it going to take? Commissioner Suarez: Mr. Chair? Chair Gort: If it going to take three to four month, you know, the violations are taking place and they continue to take place. And the problem is everywhere I go to the supermarket or I go anywhere, I have people come up to me, Commissioner, what's wrong with you guys? You guys can't do anything. We called you three month ago and we told you about this. Nothing has taken place. "And we get those phone calls all the time. Ms. Mendez: And we'll give you a -- Chair Gort: So, you know, we need to expedite the process. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: I really want to jump in there, because I want you to understand that that's precisely what this does. What this does is it says we're going to give you -- "Listen, we're going to give you five days" -- Chair Gort: Okay. Commissioner Suarez: "We're going to notify you five days, and if you don't appeal, there is going to be an extra three days and then you're out." It's eight days total. Chair Gort: Okay. Commissioner Suarez: Total. So let me -- but let me just clam. So worst -case scenario, we're talking about eight days. Chair Gort: Perfect, okay. Commissioner Suarez: Now -- wait, wait, wait, because it gets better. It gets better. You talked about a situation that was essentially an emergency, right, when your residents -- there is drug City of Miami Page 36 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 SR.3 14-00345 City Manager's Office activity, there is -- so it says here on notice in hearing, Section 10-124, "The City may provide shorter notice or act immediately without prior notice where warranted by an emergency, such as a danger to the occupant or threat to public safety." So I think it provides for an even shorter process than eight days -- Chair Gort: Perfect. Commissioner Suarez: -- if those conditions exist. Chair Gort: Perfect. This is second reading. It'll take effect how many days after it pass? Thirty days. Commissioner Suarez: No. Ms. Mendez: Thirty days of -- Chair Gort: After we approve this today. Ms. Mendez: This is supposed to take immediate effective date, so we'll be hopefully dealing with setting these for hearing probably in 30 days when we -- Chair Gort: Thank you. Ms. Mendez: -- start getting cases. Chair Gort: Thank you. Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Gort: Yes. Mr. Hannon: Vice Chair Hardemon, I noticed you just came on the dais. Would you like to vote on item SR.2? Vice Chair Hardemon: Yes. Mr. Hannon: Okay, sir. Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR ACCESS ACCORDING TO THE CRITERIA SET FORTH IN NEW SECTION 54-4.1; CONTAINING A SEVERABILITY CLAUSE AND City of Miami Page 37 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00345 Summary Form SR.pdf 14-00345 Legislation SR Version 4.pdf 14-00345 Exhibit SR Version 4.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item SR.3 was deferred to the November 20, 2014 Commission Meeting. SR.4 ORDINANCE Second Reading 14-00383 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING THE MURAL REGULATIONS BY INCORPORATING THE TERMS OF THE AGREEMENT FOR CUSTOMARY LAND USE FOR MURALS, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO INCLUDE PROCEDURES TO ENSURE EFFECTIVE CONTROL OF THE MURAL PROGRAM IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00383 Summary Form SR.pdf 14-00383 Pre -Legislation FR/SR.pdf 14-00383 Legislation SR.pdf 14-00383 Exhibit A SR.pdf 14-00383 Exhibit B SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item SR.4 was continued to the October 23, 2014 Planning and Zoning Commission Meeting. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 14-00472 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO MODIFY LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR City of Miami Page 38 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 FR.2 14-00804 Department of Real Estate and Asset Management 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 Version 3.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item FR.1 was deferred to the November 20, 2014 Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND 3170 HOLDINGS, LLC, A FOR PROFIT CORPORATION ("DEVELOPER"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PRIVATELY -OWNED PROPERTY LOCATED AT 3170 SOUTHWEST 22 STREET, MIAMI, FLORIDA, AGREEING TO RENEW AND EXTEND THE PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT ("MUSP") FOR "THE BLUE ON CORAL WAY" ("PROJECT") UNDER THE "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES," AND THE DEVELOPER HAS AGREED TO DEVELOP AND LEASE TO THE CITY APPROXIMATELY 11,000 SQUARE FEET WITHIN THE PROJECT FOR THE PURPOSE OF ERECTING A FIRE STATION, FORA TERM OF ONE HUNDRED (100) YEARS WITH TWO (2) NINETY NINE (99) YEAR EXTENSIONS ATA COST OF $10.00 PER YEAR, A ONE TIME CONTRIBUTION BY THE CITY TO THE DEVELOPER OF $1,000,000.00, AND THE WAIVING OF CERTAIN IMPACT FEES FOR THE PROJECT; WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE ATTACHMENT(S); FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT, AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY. 14-00804 Summary Form SR.pdf 14-00804 MSNA Board Reso FR/SR.pdf 14-00804 Legislation FR/SR.pdf 14-00804 Exhibit - Agreement FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. I request that FR.2 and PZ.S be heard concurrently for purposes of the public hearing so that we could vote on the items one after the other. FR. 2 and PZ. 5 are companion items that stem from the legislation that we passed a while City of Miami Page 39 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 back, which authorized properties that were in a distressed state, if they offered a public benefit, to be able to have revivals of their 11000 rights. Specifically, FR.2, which is a development agreement with 3170 Holdings, LLC (Limited Liability Company), and PZ.5 will allow for the permanent removal of the temporary fire station at Shenandoah Park, which was supposed to be temporary 12 years ago and became permanent and was going to become the permanent, permanent location of the fire station, which would have tripled the size of the encroachment into the park, thereby cannibalizing forever a piece of parkland that would never be recaptured by the residents again. And aside from the good fortune of being in a situation where we were able to ident a property very quickly that had the right conditions to be able to do this kind of development agreement, I really need to start first by thanking the members of the Shenandoah Homeowners Association, who are here today; the president and the vice president who are on the first row; and really all the members of the Shenandoah Homeowners Association, who are the real winners here today insofar as the benefit, but they're also the ones that called this out, for lack of a better world, and decided to not give up on the prospect of -- or not allow us to rest on our laurels on the prospect of looking at every possible scenario and situation. Thanks to their insistence, we continued to push forward, to look, to be creative, and I have to say that, in my five years of being a Commissioner, there probably aren't too many other pieces of legislation where I am prouder of the cooperation that I received not only with the members of -- our residents, our bosses, but with the hierarchy of the City of Miami Fire Department, with our Asset Management Department, our former director and current director, Henry Torre, who's not here anymore but was instrumental in making this possible; our Planning Department, our chief for believing in -- you know, in this process, and we were substantially on our way to building a station permanently at Shenandoah. What this does is several things. The first is, as I mentioned it takes permanently out of Shenandoah Park a 10, 000-square foot temporary station. The second thing it does is it makes the responsibility of a developer to build at no cost to the City -- a relatively little cost to the City in comparison with the estimated original costs -- a fire station for the residents of the City of Miami in District 4. This will have a savings of capital cost in the neighborhood of $3.5 million, which can now be rededicated to the Shenandoah area. In terms of lease payments and/or property value, it will be a savings, if you consider it as a lease, $65 million; if you consider it as a purchase, several million dollars, which may happen in the near future if the property's ever converted to condominium. It's something that I'm very proud to have worked with the Administration to get to this point, with really everyone. Everyone was a true participant. And having said that, I will move FR.2, and I'll let you open up the public hearing. Commissioner Carollo: Second. Chair Gort: Would you read the ordinance? It's been moved by Commissioner Suarez; second by Commissioner Carollo. Could you read the ordinance? Barnaby Min (Deputy City Attorney): Mr. Chair, are you going to open it to the public? Chair Gort: Why don't you read the ordinance so they know what we're talking about? Mr. Min: Yes. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Gort: Thank you. We'll now open the public hearing for FR.2 and PZ.5. All those in the public that would like to address this Commission. Jed Royer: Jed Royer, 1538 Southwest 11 th Terrace, 33135. I'm the president of the Shenandoah Neighborhood Association, andl want to read a letter that we're going to submit to Mr. Clerk after this. Our group, the Miami Shenandoah Neighborhood Association, represents the interests of residents of Shenandoah. Our territory is Southwest 12th Avenue to Southwest City of Miami Page 40 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 RE.1 14-00859 Department of Parks and Recreation 27th Avenue; Southwest 8th Street to Coral Way. The fire station project has been a prime topic of discussion for our neighborhood since the temporary fire station trailer was installed in Shenandoah Park over a decade ago. As years past, as Administrations changed and residents brought and sold homes or gained and lost interest in neighborhood concerns, the temporary fire station plans, while they became more permanent -- became more official, and as Commissioner Suarez said, it did grow. The footprint required to provide for the true needs of the Fire Department more than doubled or tripled, and this really resonated with our neighbors and many expressed their concerns to the District 4 office. Our group we would like to thank Commissioner Suarez and the Fire Department for their hard work to find a new solution. As we understand it, this new plan will provide Fire with the space they need for many years to come, and the City was able to spend drastically less in the process. We look forward to this project's completion and welcoming the Fire Department in their new home. Thank you. Chair Gort: Thank you, sir. Anyone else? Ifiah Mashav: Good afternoon. Iftah Mashay. I'm vice president of Miami Shenandoah Neighborhood Association. I want to just reiterate what Commissioner Suarez has said. This process has been very special for me to be part of, and it was very impressive to sit down in this building with many representatives from the City and see such a successful outcome for us, for our children, for our grandchildren. Miami scores low in green areas, and this has been, I think, a very big victory for all of us. Thank you. Chair Gort: Thank you. Is anyone else? Being none, we close the public hearings. This what it means when we work as a team. You got the public sector working with the private sector trying to analyze what our problem is and come up with a solutions. So at this time, it's an ordinance. Is any further discussion? Will you read the ordinance? Let's vote on the ordinance first. Mr. Min: It's already been read into the record. Do you want it read again? Chair Gort: No. Todd B. Hannon (City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF RESTRICTIONS, IN SUBSTANTIALLY THE ATTACHED FORM, RUNNING WITH THE LAND FOR BRYAN PARK, LOCATED AT 2301 SOUTHWEST 13TH STREET, MIAMI, FLORIDA, TO PRESERVE THE OPEN AND GREEN SPACE AS DEFINED IN MIAMI 21, AS DESCRIBED IN EXHIBIT 14-00859 Summary Form.pdf 14-00859 Legislation.pdf 14-00859 Exhibit A.pdf City of Miami Page 41 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0368 Chair Gort: First Reading 2. Commissioner Suarez: Mr. Chair, I had asked that First Reading 2 -- Chair Gort: Right. Commissioner Suarez: -- be taken with -- if you don't mind? Daniel J. Alfonso (City Manager): I agree. Chair Gort: RE. 1. Commissioner Suarez: Mr. Chair, RE.1 is a resolution authorizing a declaration of restrictions at Bryan Park. Bryan Park is a beautiful, small, neighborhood park on -- off of 22nd Avenue, between 14th and 13th Street, and it's gotten a very engaged citizenry. And, you know, we had allocated some bond funds to redo the community center there, and it caused quite a bit of controversy initially, because the initial plan was to do a tennis center, which would have, in essence, cannibalized the entire park, and there was a very grandiose plan of, you know, grand stands and tennis courts all over the place. And I think, you know, it was a lesson for me in having to listen to what the residents want, not necessarily to what the -- quote/unquote -- City wants. 'And one of those residents is here today, Mr. Wright, a former City employee. His wife is handicap. And, you know, he stressed to me the importance of having that park maintained as green space and making it functional for everyone, not just for kids, not just for -- you know, for the children, but also for the adults, and particularly in his case, for his wife who is wheelchair - bound. So I felt -- you know, him and I spoke, and he was a very constructive member of the process with -- along with other neighborhood residents, of getting a much smaller facility built there that would maintain and even grow slightly the green space of the park. And then we decided that to protect and preserve that green space for future generations that the best thing to do would be to have a restrictive covenant placed on that parcel so that it could not just be built on or there could not be anything else done on it without any further -- so I make that motion, Mr. Chair. Chair Gort: Thank you. Commissioner Carollo: Second. Chair Gort: Would you like to read the resolution? Lara De Souza (Deputy Director): Lara De Souza, Parks and Recreation. A resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a declaration of restrictions, in substantially the attached form, running with the land for Bryan Park, located at 2301 Southwest 13th Street, Miami, Florida; to preserve the open and green space as defined in Miami 21 as described in Exhibit A." Also, I want to note that there is a scrivener's error. There is a l"after -- on the name Bryan. "That should not be there. Commissioner Suarez: And I want to thank -- Chair Gort: Thank you. City of Miami Page 42 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: -- I want to thank -- Chair Gort: Moved by Commissioner Suarez; second by Commissioner Carollo. Yes, sir. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. Just very briefly, I want to thank, not only members of the community, but also members of the Parks Department. The former temporary Parks director who was involved -- the new Parks director and the City Manager who have all actually physically attended meetings, and I thank them for listening and for getting this done so quickly. Thank you. Ms. De Souza: No problem. Chair Gort: Thank you. Yes, sir, you're recognized. You want to speak or --? No, okay. Public hearing is close -- well, it's not a public hearing. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.2 RESOLUTION 14-00809 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING A GRANT OF PUBLIC ACCESS EASEMENT FROM ALPINE ESTATES, LLC ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH THE GRANTORS PROPERTY LOCATED AT APPROXIMATELY 527 NORTHEAST27TH STREET, MIAMI, FLORIDA BETWEEN NORTHEAST 27TH STREET AND NORTHEAST 27TH TERRACE ALLEY, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PUBLIC ACCESS EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00809 Summary Form.pdf 14-00809 Legislation.pdf 14-00809 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0369 Chair Gort: RE.2. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. RE.2 is a resolution accepting a grant of public access easement from Alpine Estates, LLC (Limited Liability Company), the developers of the Crimson Tower project, and it authorizes the City Manager to execute said grant of public easement. Commissioner Suarez: Move it. Chair Gort: Thank you. Been moved -- Commissioner Carollo: Second. City of Miami Page 43 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: -- by Commissioner Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.3 RESOLUTION 14-00876 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ACCOMMODATE THE REBUILDING BY FDOT OF NORTHWEST 7TH AVENUE, BETWEEN NORTHWEST 8TH STREET AND NORTHWEST 36TH STREET, MIAMI, FLORIDA. 14-00876 Summary Form.pdf 14-00876 Legislation.pdf 14-00876 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0370 Chair Gort: RE.3. Eduardo Santamaria: RE.3. Again, Commissioners, Ed Santamaria, director ofPublic Works. RE.3 is a resolution authorizing the City Manager to execute an Off -System Construction and Maintenance agreement with Florida Department of Transportation to accommodate the reconstruction of Northwest 7th Avenue, between Northwest 8th Street and Northwest 36th Street. Commissioner Suarez: Move it. Chair Gort: And that's going to be coordinated with the Public Works of City of Miami, right? You guys going to be involved in the coordination of that work? Mr. Santamaria: Yes. We will be doing permitting, and we'll also be -- going to be working with FDOT (Florida Department of Transportation). Chair Gort: Because there is a lot of traffic going up south and north on 7th Avenue. Mr. Santamaria: Yes, sir. Chair Gort: Okay, it's been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." City of Miami Page 44 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 The Commission (Collectively): Aye. Chair Gort: Thankyou. RE.4 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 Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0371 Chair Gort: RE.4. Eduardo Santamaria: Once again, Commissioners, Ed Santamaria, director of Public Works. RE.4 is a resolution authorizing the codesignation of Southwest 4th Avenue, from Southwest 4th Street to Southwest 5th Street as "Sister Margarita Otero R.S. C.J. (Religious of the Sacred Heart of Jesus) Way." Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Thankyou. It's been moved by Commissioner Carollo; second by Commissioner Suarez. Any discussion? Commissioner Carollo: Yes. Real quick, Mr. Chairman. I think it's only fitting that we codesignate 4th Avenue Sister Margarita Miranda Otero Way. "I recently was able to read a lot more on Centro Mater and the great work that Sister Margarita did, so I think it's only fitting. Thankyou. Chair Gort: I have to tell you, I did serve as a volunteer with her at first. I had the opportunity to work with her. Great person; really care about the people and the community and did a lot of work for the kids in that community. There was so much needed. Commissioner Suarez: It's a great program. Chair Gort: So it's been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. City of Miami Page 45 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 RE.5 14-00920 Department of Capital Improvement Programs/Transportat ion RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT ATTACHMENT"A," WITH "ATTACHMENTA- 9/10/14 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 14-00920 Summary Form.pdf 14-00920 Pre-Legislation.pdf 14-00920 Back -Up from Law Dept.pdf 14-00920 Legislation.pdf 14-00920 Exhibit.pdf 14-00920-PowerPoint Presentation -Commissioner Gort.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0372 Chair Gort: RE.5. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.5 is a capital project expedited list that we're bringing to the Commission. This allows the Administration to bid out various projects, go through proper procurement procedures, and award the contracts without having to come back to Commission based on the list of projects that have been submitted. Commissioner Sarnoff. So move. Commissioner Suarez: Move it. Second Chair Gort: It's been moved. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion. I have some discussion. What you're going to do is you're going to pre -select individual, they going to be prequalified, and you going to utilize those individual to give them the job to expedite the performance. Am I correct? Mr. Spanioli: No, not exactly, Commissioner. Chair Gort: Okay. Mr. Spanoli: What we're doing here is -- the normal process is we would put a project out to bid. Chair Gort: Right. Mr. Spanioli: We get the bids in. Chair Gort: Right. City of Miami Page -16 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Mr. Spanioli: And once we reviewed the bids, the lowest response and responsible bidder, we would then bring it back to Commission for contract award, which means we'd have to put it on the Commission agenda, bring it back for the Commissioners to award the contract. In this case, the bidding process is exactly the same. We'd still put it out to bid We'd select the lowest responsive and responsible bidder, and then instead of coming back to contract -- to Commission for contract award, we would award the contract administratively with the City Manager -- Chair Gort: Okay. Mr. Spanioli: -- based on the list of projects that are here today. So there would not be any prequalification. It would simply be the same bid process, the same procurement process. Chair Gort: And this will be only for these projects? Mr. Spanioli: The projects on this list only, that's correct. We can -- Chair Gort: Okay. Mr. Spanioli: -- add some if you like or we can -- and this can come any time to Commission for amendment. Chair Gort: This is what I like to bring up. At this time we have a lot of projects on hold because we have not sign the contract with -- what do they call them? Mr. Spanioli: The JOC (Job Order Contract) contract. Chair Gort: -- the JOC contract. Now, my understanding, the JOC contract is a software that we have to use that tell us how much it cost, what we can do, what we cannot do, how much time it takes. Now, my understanding is, I think we have experience within our departments. We have the qualified people. They should know what the expense is or the cost of any project in sidewalk or on streets. And I'd like to see that expedited. Because right now, Northwest 20th Street was an agreement between the County and ourself, which it took a long time to do it. The County finish the whole part. The City of Miami has not complied with their portion, which is from 7th Avenue to 17th Avenue, and it looks kind of bad and -- because we have not signed, and I thinkl discussed with this personally. I think we should look to a way that we can qualify certain individuals that already work in the City of Miami, they prequalf, and we can go through the same system so we can expedite it and -- there's something else that I'd like to share, but let's vote on this first. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Thank you. I normally will not agree to something like this, but at the same time, I understand that sometimes we want to expedite our projects and it makes it difficult because the bureaucracy has been just incredible, and I've mentioned this many times in -- with CIP (Capital Improvements Program), but taking a leap of good faith, I'm going to be voting in favor of it. Thank you. Chair Gort: Any further discussion? Being none -- Before I vote, I have to tell you. Anything that we can do to expedite -- because I remember, when I first got here in 2010, I sat down with the -- with Alice Bravo, and she did a nice work to ident funds to do sidewalk and street. And she told me, Oh, that we'll be able to start in 2013. "I said, "You're crazy. I can't believe that." This is 2010. And that's how long it took to do that process. Somehow, Mr. Manager, I know you making a lot of change, and you're doing very good, and I like to see some of that expedite. City of Miami Page 47 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Procurement, we should look into it and see if we can expedite that. Right now, Mr. -- well, Suarez walked away -- you're going to be in charge of the -- oh, you're here -- of the amendments to the Charter, and this is something I think you should look at, the procurement system. I mean, we want to make sure that it's transparent, but at the same time, if we can expedite it, it's better, okay. Thank you. Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Now, I'd like to show the problem I have with the swales. In -- should -- no better being a photographer. Like everybody here states, there's nothing like a picture. And I've had a lot of problem with the treatment of Swale. We had a lot of new streets that had been performed, that had been done in my district, and I'm sure it's been happing in other districts. And the system of Swale is really -- something that's not working. We discussed it. I discussed it with the director before, and I told him there's certain neighborhoods that cannot have grass, and I'm going to show you why, and you can see it right here on Bayshore. You drive through Bayshore and you can see what is taking place where we put grass. This is one slide that shows you what presently is happening. We have some beautiful street work that has been done and then after it's been done, for example, on Northwest 11th Street, after we have discussed it, they went back; they did a beautiful job in restriping the street. Then six month -- or three or four months later they came back to do the swales. They just put the grass in there, and this is what happens. Today in the City of Miami, there is multifamily homes where you don't have one or two cars; you have three and four cars, and they use the swale quite a bit. This is what happen in some of this. This one right here on the left is from Bayshore Drive. Now, in the past -- back in the 1980, this is something that has been done. Some of the street has been done. One of these streets is right in front of Mr. Cruz. You can see the work that has taken place in there. And we had tried three different formats for street improvement. The first was to build -- the first one was built in 1980. The street is still good. The second format was Northwest 25th Court. As you can see, you still have green areas. You have planted trees, but you have the swales that look nice, not compared to what we have today. So Mr. Manager, what I would like is, with your Administration, your engineers, try to come up with some solution for this. Right now, unfortunate, I'm getting so many calls. People say, "You did a beautiful job on the road, but look what happen to our street." People do not take care of it. You can't ticket it. You start ticketing because they park on the swale. Where are they going to park? So this is something that I really like to see a solution come up with, because I'm getting a lot of complaints, a lot of calls. Commissioner Sarnoff Can I just -- Chair Gort: Yes, sir. Commissioner Sarnoff So we -- I studied your streets a little bit about three or four years ago. And if you want to take a ride down Virginia Street, it's probably the only street that's totally done from Virginia, from Bird to US 1; pretty rugged street, in my opinion. There is some Section 8 housing right there, so it's a pretty rugged street. We put permeable concrete on the sides. The City has to allow percolation, which means we have to have enough -- the ability for it to -- the water to go through the permeable concrete into the -- obviously into the aquifer. It -- I think it's your solution. And I know, Commissioner, before, you had put some of those concrete blocks -- Chair Gort: Blocks, yeah. Commissioner Sarnoff -- with the intention that the grass was going to grow through. I've never seen it grow through, where it's been parked on with any kind of frequency. So I think the solution is permeable concrete. Commissioner Suarez: Mr. Chair. City of Miami Page 48 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. I think you identified an issue that is near and dear to all of our hearts. It is a -- it's almost as big an epidemic -- it's probably a bigger epidemic than even the squatters issue, to be honest with you, because the squatters issue affects one in God knows how many homes, but the issue of swales being in a dilapidated condition is everywhere. It's rampant in the City. And what I would like to see personally is, you know -- and it kind of jumps a little bit off of what Commissioner Sarnoff just said is I was told when I got here that we couldn't do pervious concrete, or that pervious concrete would no longer be pervious over time because of oil, et cetera, et cetera. So, you know, that's okay, I guess. I don't necessarily agree with it, but that's okay so long as you then come back and say, "Look, I have this other technology. It's 'X.'" And then "This is what it's going to cost, and so we need to incorporate it into our capital budget when we start doing projects, " streets and the like, because as you said, just like with traffic circles that we don't irrigate and other kinds of things that we don't irrigate, which create all kinds of maintenance costs downward and also make it look unbelievably ugly -- I mean, we -- you know, I had -- I went to a traffic circle the other day on 19th Avenue and I think it was 15th Street and it was just in a horrific condition. And I know Public Works is just trying to keep up, you know. But I think that is in line with beautification, and I think -- I personally, what I would like to see, Mr. Chair, is that we pick a substance, whatever it is, that we think will hold, and that we get a budget citywide, even if it's a sticker -shock budget, even if it's like a crazy budget. I want to see what it's going to cost to do the sections -- to do a citywide analysis of sections that need it. Not every section needs it. Not every neighborhood needs it. You know, a lot of people do take care of their swales. But we really -- this is something that if you're -- you know, under your leadership, we're able to accomplish this citywide, I mean, this would be, in my opinion, one of the most transformative things that you can do in the City of Miami, because we do do some things. We do do a lot of things right, you know, and I think -- you know, the -- Commissioner Sarnoff, you know, has noticed, you know, the Coral Gate Community Center, and I -- and the playground. And I'm sure Commissioner Carollo's community center and playground set is to be incredible as well, you know, and -- you know, when you look at Coral Gables, for example, their community centers are very dated. Their swing sets are very dilapidated. You know, so I think we, by comparison, do a great job in that area. I think we could do a lot better with our swales. I think we need to be considerate and understanding of what our citizens are being -- we need to be fair and understand what we can expect from our citizens. I think it -- like you showed, it doesn't make sense to do grass in an area where it's clearly not going to be maintained, and we know this. These are not things that we don't know. These are things that we know. And so, you know, to me, it's baffling why we haven't been given, "A," an option, and "B, " a price. Look, maybe we -- I don't know. Maybe we bond out non -- I don't know. I mean -- but the point is, if we don't know what it's going to cost, if we don't know what it looks like, we can never take a step in the direction of making it happen, and I think that's been frustrating for me. I've almost lost -- I had kind of lost hope, to be honest with you, which is why I didn't bring it up. I'm glad that you, Mr. Chair, brought it up, because I had kind of given up, to be honest with you, and I was focused on more reasonable, I guess, pursuits, like the traffic circle and traffic calming devices that we seem to have -- can I say we have a tentative agreement with the County on a change on an MOU (Memorandum of Understanding), which would give us back control, or which would give us -- we never had it in the first place, but would give us control over a variety of traffic control devices, and streamline the process and make it a lot easier for us? But this is a huge, huge thing. I know my district; I have a tremendous amount ofsingle-family homes with swale problems. So in my particular district, which is a very fat district, this is a big deal. Thank you, Mr. Chair. Chair Gort: Okay. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I'm glad that this is being brought up, and I think it's always good to bring it up here on the Commission, because there actually is a record City of Miami Page 49 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 of it. I, too, when I first came to the City, had various discussion with regards to this type of solution, and I was told something different. I was told that the maintenance will be horrific because ever -- every so often you have to pump out all the water, so that what -- that's what I was told. Commissioner Sarnoff For the permeable? Commissioner Carollo: Yes. Commissioner Sarnoff I think you have to clean -- the theory is you have to clean it like every 7 to 10 years. Commissioner Carollo: Okay. I was told that it was going to be more often than that and that the maintenance was going to be horrific, so it was not going to be recommended. So that's why I'm glad that we are bringing this to Commission so we could discuss, and whatever is said it's on the record so we could always go back and say, "Well, this is what was told, you know, here and then" and not in a private meeting. And that's one of the reasons that, you know, I -- or at least our district didn't go forward with it, because it was not going to be recommended because of the maintenance that was going to be involved. Commissioner Sarnoff And -- Chair Gort: Look -- Commissioner Sarnoff Can I just address -- Chair Gort: Yes, go ahead. Commissioner Sarnoff Sorry. I apologize; 'cause I don't get to talk to Commissioner Carollo. Commissioner Carollo: Exactly. Commissioner Sarnoff. You know, it was not recommended. I was like, you know what? I want to try this. And I know you all know Virginia Street right by Bird -- I'm sorry, by US 1 all the way down to Bird Avenue. Predominantly, the whole thing is done in permeable concrete. It is the section of the City that does not flood, so it has not caused any situations or problems. And to use some Commissioner's quotes from years ago, this is truly a one -size -does -not -fit -all scenario. Different parts of this City look vehemently different. Commissioner Suarez: And by the way, I said at the time that the -- what was cool about the pervious concrete is that it could be coated in green, and it could look like a grass swale, so -- I mean, I thought that there was an aesthetic component there that I thought was very attractive. I just was told that it wasn't viable, that it wasn't something that would work. Chair Gort: My understanding is it's the savings and using some of the system, but I believe the savings in the long run, it comes -- becomes very expensive because you got -- you have to redo the whole thing, and we can see what it looks like. I mean, you can see it right here on Bayshore. Commissioner Sarnoff Yeah. Chair Gort: We have a beautiful residential area there on Bayshore, and you go through the street and you see that and that's awful. I think quality of life, if you want to improve our neighborhood, we got to do it in the public right-of-way first and then the private sector will follow it. City of Miami Page 50 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 RE.6 14-00681 Department of Capital Improvement Programs/Transportat ion Commissioner Sarnoff. And that happens to be Ransom Everglades and -- the reason I haven't really pressed them is -- you know there's a Bayshore beautification project corning up. Chair Gort: Right. Commissioner Sarnoff. And I wouldn't ask somebody to do something -- because I think the road's going to shift a little bit, so it may shift -- I look at that every day just like you do and think to myself, who's the Commissioner of this district? He should be doing a better job. And I understand exactly what you're saying, but at least -- I think we're on our third and final public hearing, Mr. Chair, for that particular street project, which is, by the way, a County road and the County is asking us to do the road. My experience is when the County asks us to do it, it usually means a lot of trees have to be moved. Chair Gort: Well, mainly, I think we have the capable people in the Administration that can come up with a solution. I think maybe we need to look at other cities or what we've done in the past. I understand might be a little more expensive, but in the long run, it's worth it. We have a saying that says, "Los baratos sale caro," and that is so true. Okay, thank you. Mr. Spanioli: Thank 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0373 Chair Gort: RE.6. Mark Spanioli: Good morning again, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.6 is our capital appropriation item. This is specific to the final close-out of Homeland Defense finds, and it also includes transfers of funds from closed out or on -hold projects to the Guzman Theater for repairs there of approximately a million dollars. Chair Gort: Okay. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Sarnoff. Second. City of Miami Page 51 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Second by Commissioner Sarnoff. Further discussion? Commissioner Carollo: Mr. Chair. Chair Gort: Yes, sir. Commissioner Carollo: Just real brief. I do want to mention that $567,000 is from District 3. If you all recall, a few Commission meetings ago, I was looking for money for another well-known and historic theater, so I just want to point that out to make sure that in the near future we could address those issues, which I'm taking a leap of good faith. The Administration said that we would. Thank you. Chair Gort: Any further discussion? Commissioner Sarnoff We all support each other. Chair Gort: Commissioner. Commissioner Sarnoff We all know pretty much how that hurts. Chair Gort: Further discussion? Vice Chair Hardemon: I just -- Chair Gort: Yes. Vice Chair Hardemon: -- have a few things to say. As far as the parks, ADA (Americans with Disabilities Act) -- the modifications for our district parks for ADA compliance -- of course, I'm looking at line 124 -- now, I just want to be clear on the record that we don't have any concerns with ADA compliance within the district. We don't? That's part of a question. Mr. Spanioli: I can't say that with certainty at this moment. Vice Chair Hardemon: Okay. You can't say it with certainty, but I think I have at least some reliance -- well, confidence that ifI need it, it'll be taken care of. Mr. Spanioli: That is correct. Vice Chair Hardemon: So -- right? And then as far as my Little Haiti Cultural Complex, we know that the Caribbean Marketplace has had signif -- well, has had some damage that was evident on the day that it opened, and we have yet to alleviate those concerns. Seven thousand dollars that were taken from the cultural campus is not going to solve that issue, but also, I just want to make sure that we have the Administration's support to ensure that 10 years down the line, I'm not dealing with a facility that's closed down because of -- it's not being well taken care of. Mr. Spanioli: Commissioner, what we're doing right now on that project is we are aware of the issue with the roof system. We are working with the Building Department with alternatives of what we can do there, because the original project did not take some of those things into consideration. So we are working on a design plan to solve the roof issue; and it's our intent, when we get closer to the end of the calendar year, to actually make those repairs while it's during the dry season, so that way, you know, during the winter time, we'll be able to make those roof repairs. City of Miami Page 52 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Vice Chair Hardemon: Okay. And the last thing I wanted to say was, I just wanted to thank you for what you did for the Toussaint Louverture. So I had a chance to drive by it last night. I came back into town late last night and said I wanted to drive by it to see what it looked like at night time, ifI could -- if it was actually illuminating the street. And it's wonderful, Commissioner Sarnoff. You would appreciate it because you're driving through Little Haiti, and there it is on the corner; you can see this illuminated statue of Toussaint Louverture. In other words, something that's supposed to be the pride of that community and now it's actually being highlighted as a work of art. So we appreciate you taking care of that for us. Mr. Spanioli: Commissioner, I appreciate that. I'm going to have to pass the tank you'bn to GSA (General Services Administration). I was just passing out on a message and asked them; made a request for you. Vice Chair Hardemon: Well, thank you very much, GSA. Mr. Spanioli: Thank you. Vice Chair Hardemon: All right. Chair Gort: Well, that's teamwork; working together. Vice Chair Hardemon: Yes. Chair Gort: That's what it takes. Mr. Spanioli: Thank you. Chair Gort: Any further discussion. Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.7 RESOLUTION 14-00857 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ("SCHOOL BOARD") ON BEHALF OF MIAMI-DADE COUNTY PUBLIC SCHOOLS ("MDCPS"), FORA PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR UP TO TWO (2) SUCCESSIVE ONE (1) YEAR PERIODS, FOR THE PURPOSE OF IMPLEMENTING THE MDCPS INTERNSHIP PROGRAM ("PROGRAM"); RATIFYING, CONFIRMING, AND ACCEPTING THE CITY MANAGER'S DETERMINATION TO PROCEED WITH THE PROGRAM FOR THE BEGINNING OF THE SCHOOL YEAR IN THE BEST INTERESTS OF THE CITY. 14-00857 Summary Form.pdf 14-00857 Back -Up from Law Dept.pdf 14-00857 Legislation.pdf 14-00857 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 53 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0382 Victoria Mendez (City Attorney): I believe we have the 4 o'clock with the school representatives. Chair Gort: Yeah, internship program. I'm sorry, I read the wrong one. Sorry about that. Internship program. Lillian Blondet (Director, Grants Administration): Want me to start (UNINTELLIGIBLE)? Chair Gort: Internship program. You have all these people here. Ms. Blondet: Okay. We were waiting for some guests from the School Board, but I'm not sure, so. Good afternoon. Lillian Blondet, director of Office of Grants Administration. This item is a simple -- is a resolution to continue the partnership with the Miami -Dade County Public Schools to provide opportunities to the City youth. We have had many projects with the School Board to advance the opportunities for the youth, and we want to continue that, particularly, this summer we have over 100 youth working in City departments gaining experience. This program will allow us to continue and expand that relationship with the school and to be able to provide opportunities real, working experiences to the students of the City of Miami. With this program, my office, the Office of Grants Administration, through education initiatives, we're going to facilitate and reinforce employability skills by becoming a business mentor. The City of Miami will have different projects and opportunities where we can place the students. The high school students will have to have a 3.0 GPA (Grade Point Average) and a B 'fn conduct to be able to participate in the program. And then we're going to pair the students with the different departments in the City. So right now we have about nine students who have been assigned to departments and we expect to continue that relationship. Chair Gort: Okay. Ms. Blondet: If you have any questions before I read the resolution? Chair Gort: No, go ahead and read the resolution. Ms. Blondet: Okay. RE.7 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to negotiate and execute an interlocal agreement, in a form acceptable to the City Attorney, with the School Board of Miami -Dade County, Florida, on behalf of Miami -Dade County Public Schools, for a period of one year, with options to renew for up to two successive one-year periods, for the purpose of implementing the MDCPS (Miami -Dade County Public School System) internship program; ratifying, confirming and accepting the City Manager's designation to proceed with the program for the beginning of the school year in the best interest of the City. Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Do I have a second? Commissioner Carollo: Second Chair Gort: Second by Commissioner Carollo. Discussion. I have to tell you, the intern program that you had during the summer with the high school kids was great. I think we had a great experience. I believe they learned a lot, and we even had some of them coming back and working with us, so I think it's a great idea. All in favor, state it by saying aye." City of Miami Page 54 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 RE.8 14-00790 Department of Fire -Rescue The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Blondet: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2014 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") URBAN SEARCH AND RESCUE READINESS COOPERATIVE AGREEMENT," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,220,631.00, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, AND MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 14-00790 Summary Form.pdf 14-00790 Back -Up Documents.pdf 14-00790 Legislation.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, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0375 Chair Gort: RE.7 Todd B. Hannon (City Clerk): Chair, RE.7 is time certain for 4 p.m. Chair Gort: Okay. RE.8. Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Deputy Fire Chief Department of Fire -Rescue. Before you today is RE.8, which is a resolution requesting the establishment of a special revenue project, entitled Urban Search and Rescue Readiness Cooperative Agreement," in the amount of $1.2 million, for the purpose of maintaining, training, and supporting the members and the equipment of the Urban Search and Rescue Program. This is a grant requiring no match. Commissioner Suarez: Move it. Deputy Chief Zahralban: I'm available for any questions. Commissioner Sarnoff Second Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Discussion. Being none, all in favor, state it by saying Ewe." City of Miami Page 55 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 The Commission (Collectively): Aye. Chair Gort: Thank you, sir. RE.9 RESOLUTION 14-00826 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,275,000.00, CONSISTING OFAGRANTAWARD FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH ENHANCED POLICE SERVICES WITHIN THE OMNI CRA'S DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD. 14-00826 Summary Form.pdf 14-00826 CRA Resolution.pdf 14-00826 Legislation.pdf 14-00826 Exhibit-Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0376 Chair Gort: Okay, we can take one more. Daniel J. Alfonso (City Manager): RE.9, Commissioner, is the acceptance of the grant from the Omni CRA (Community Redevelopment Agency) for $1.275 million to fund the enhanced police services. Commissioner Sarnoff. So moved. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any discussion? Commissioner Suarez: Thank you very much. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. We'll take a break. Come back 2: 30, 3 o'clock? Commissioner Suarez: Three o'clock. Commissioner Sarnoff. I think it's going to work better 3 -- City of Miami Page 56 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 RE.10 14-00833 Department of Risk Management Commissioner Carollo: Yeah. Commissioner Sarnoff. -- just because you have a 4 o'clock time certain. Commissioner Carollo: Exactly. Chair Gort: Three o'clock will be fine. Commissioner Suarez: I have three time certains. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE FOURTH ONE (1) YEAR OPTION TO RENEW, BETWEEN THE CITY OF MIAMI AND GALLAGHER BASSETT SERVICES, INC., PURSUANT TO RESOLUTION NO. 10-0556, ADOPTED DECEMBER 16, 2010, FOR THE PROVISION OF CLAIMS ADMINISTRATION SERVICES AND MANAGED CARE SERVICES PART I: WORKERS' COMPENSATION CLAIMS ADMINISTRATION, PART II: GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION, AND PART III: MANAGED CARE SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT, IN AN AMOUNT NOT TO EXCEED $1,471,594.04, AS STATED HEREIN; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 14-00833 Summary Form.pdf 14-00833 Pre-Legislation.pdf 14-00833 Back -Up from Law Dept.pdf 14-00833 Legislation.pdf 14-00833-Exhibit A. pdf 14-00833-Submittal-City Manager -Memo -Backup Documents. 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-14-0377 Chair Gort: We'll now go back to RE.9. I understand that's the next -- RE.9. Commissioner Sarnoff. I think we did that. I think we left off at 10, Mr. Chair. Chair Gort: We did? (UNINTELLIGIBLE). Commissioner Carollo: RE.10. Commissioner Sarnoff. I think we accepted the million two hundred seven -- Chair Gort: Right. RE.10. Daniel J. Alfonso (City Manager): Commissioners, RE.10 is a renewal of the Gallagher Bassett services agreement. This is a contract that we use for workers' comp and liability claims City of Miami Page 57 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 management. This was approved back in 2010 by the City Commission, and it required that it be brought back to Commission for renewals. This is a fourth renewal we're bringing back to the City Commission. Actually, it was not brought back in previous years. It's being brought back now. Chair Gort: Okay. Mr. Alfonso: The previous -- the initial contract was for $1.8 million. The expenditures for 2013/14 are about 1.4, and this contract has language that it shall be not to exceed 1.5 million. Unidentified Speaker: As amended. Mr. Alfonso: That's the amendment being made. Chair Gort: Okay. My understanding is we can renegotiate. Mr. Alfonso: We will come out for a new contract when this one expires. Chair Gort: But I mean, this one here, the -- whatchamacallit, what we're approving today. Mr. Alfonso: Well, this is a contract that was awarded a number of years back. This is a renewal. Chair Gort: I understand. Mr. Alfonso: And it is about $300, 000 lower than the original award. Chair Gort: Okay, thank you. Do I have a motion? Commissioner Sarnoff So moved, Mr. Chair. Chair Gort: Moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Mr. Alfonso: Thank you, Commissioners. Chair Gort: As amended. RE.11 RESOLUTION 14-00810 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney 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 City of Miami Page 58 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 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 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-14-0378 Chair Gort: RE.11. Barnaby Min (Deputy City Attorney): RE.11 is a resolution approving a settlement in the case of Bruce Weil versus the City of Miami. Commissioner Sarnoff. So moved, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.12 RESOLUTION 14-00906 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FIRST NATIONAL INSURANCE COMPANY OF AMERICA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $364,518.15 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 FIRST NATIONAL INSURANCE COMPANY OF AMERICA V. CITY OF MIAMI, FLORIDA, UNITED STATES DISTRICT COURT IN THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 14-20606-CIV-WILLIAMS, UPON EXECUTION OF A SETTLEMENT AGREEMENT INCLUDING MUTUAL RELEASES FIRST NATIONAL COMPANY AND 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. 38000.401000.670000.0000.00000.40-B50672.1431.02.CONSTRUCTI ON.401 000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL SETTLEMENT AGREEMENT AND RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE SETTLEMENT. City of Miami Page 59 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 RE.13 14-00608 Department of Real Estate and Asset Management 14-00906 Memo - Office of the City Attorney.pdf 14-00906 Memo - Budget Sign-Off.pdf 14-00906 Legislation.pdf 14-00906 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0379 Chair Gort: RE.12. Barnaby Min (Deputy City Attorney): RE.12 is a settlement -- a resolution approving a settlement in the case of First National Insurance Company of America versus the City of Miami. Commissioner Sarnoff. So moved, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.13 is going to be deferred. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT THE GLASS HOUSE COCNUT GROVE, LLC ("PROPOSER"), IS THE TOP RANKED PROPOSER FOR THE REQUEST FOR PROPOSALS NO. 12-13-067, LEASE OF CITY -OWNED PROPERTY FOR GARDEN STYLE CAFE/ RESTAURANT USES LOCATED AT 2820 MCFARLANE ROAD, MIAMI, FL 33133; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), IN THE SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO THE REVIEW AND APPROVAL OF THE OFFICE OF THE CITY ATTORNEY, FOR AN INITIAL TERM OF TWENTY FIVE (25) YEARS, WITH TWO ADDITIONAL FIVE (5) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM MONTHLY BASE RENT OF $8,333 PLUS PERCENTAGE RENT OF GROSS REVENUES IN THE MINIMUM OF 7.5% OVER $1,333,333.33 ANNUAL BREAKPOINT WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE. City of Miami Page 60 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 14-00608 Summary Form.pdf 14-00608 Memo - Manager's Recommendation.pdf 14-00608 Legislation Version 2.pdf 14-00608 Exhibit -Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff RE.14 14-00883 Office of Management and Budget Note for the Record: Item RE.13 was continued to the October 23, 2014 Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND FOR FISCAL YEAR 2013-2014, PURSUANT TO RESOLUTION NO, 13-0393, ADOPTED SEPTEMBER 26, 2013, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014. 14-00883 Summary Form.pdf 14-00883 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0380 Chair Gort: RE.14. Daniel J. Alfonso (City Manager): Okay. RE.14, Commissioners, we are requesting to do amendments to the budget. I'm calling the Budget director to come up here and give you a rundown on the details. In effect, we're requesting to use some of the projected surplus to put back into the capital plan for some of the cuts that were done as part of our last budget process, and there's an attachment that details those out, and I'll let the Budget director take it from here. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. This is the budget amendment, the end of the year. We still have one closeout to go after the books are closed. Forgive me, just a moment, let me get my document. One moment. Sorry about that; ran here. Here we are. What is before you is, first, $935, 000, which is put -backs of what were taken out in the first budget hearing; second up is about $150, 000, which is small remediations that we cannot bond out. We'll talk about that later. And then a 2 percent pay supplement, one-time, for unclassified employees, about $705, 000; and then $250, 000 for professional services, analysis of things to come. And I will take any questions you may have at this time. Chair Gort: Okay, thank you. Commissioner Sarnoff.. So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? City of Miami Page 61 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 BC.1 14-00870 Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion. Questions. Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Rose: Thank you, Commissioners. Chair Gort: Thank you. RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.2 14-00871 APPOINTEES: NOMINATED BY: Mae Christian Elected Fred Mims Elected Constance Collins Elected Ultrina Harris Elected Derek Cole Elected 14-00870 OAB CCMemo.pdf 14-00870 OAB Current_Board_Members.pdf 14-00870 OAB Nomination Applications for Elected Members.pdf 14-00870 OAB Certification - Election.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Irby McKnight Mayor Tomas Regalado City of Miami Page 62 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 BC.3 14-00922 Val Jean Baptiste Vice Chair Keon Hardemon Willie J. Cook Vice Chair Keon Hardemon Andrea Copeland Vice Chair Keon Hardemon Edduard Prince Vice Chair Keon Hardemon Cecilia Stewart Vice Chair Keon Hardemon Taress Nelson Vice Chair Keon Hardemon (Youth Member) 14-00871 OAB CCMemo -Appointed Members.pdf 14-00871 OAB Current_Board_Members.pdf 14-00871 OAB Qualifying Chart.pdf 14-00871 OAB Applications. pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CHARTER REVIEW AND REFORM COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Grace Solares Mayor Tomas Regalado Stephen Kneapler Mayor Tomas Regalado Richard Kuper Chair Wifredo (Willy) Gort Stanley Krieger Chair Wifredo (Willy) Gort James McQueen Vice Chair Keon Hardemon Alex Saiz Vice Chair Keon Hardemon Jay Solowsky Commissioner Marc David Sarnoff Melissa Tapanes Llahues Commissioner Marc David Sarnoff Michael Llorente Commissioner Francis Suarez Luis Andre Gazitua Commissioner Francis Suarez Murray Greenberg City Manager Daniel J. Alfonso 14-00922 Charter Review CCMemo.pdf 14-00922 Resolution.pdf City of Miami Page 63 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0374 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Michael Llorente as a member of the Charter Review and Reform Committee, further waiving the City resident, work in the City, or own property in the City requirements expressed in Resolution R-14-0374, Section 4(1), by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Michael Llorente as a member of the Charter Review and Reform Committee. Chair Gort: BC (Boards and Committees). BC.1. Nicole N. Ewan (Assistant City Clerk): Chair, we're actually going to start with BC.3 for the boards and committees. Chair Gort: I'm sorry; what was that? Ms. Ewan: The Boards and Committees, BC. Chair Gort: Right. So BC.1. Ms. Ewan: BC.3. BC.1 and 2 will be continued on to October 23 meeting. Chair Gort: Oh, okay. Ms. Ewan: BC.3 is a resolution appointing members of the Charter Review & Reform Committee. I have Mayor Regalado will be appointing Grace Solares and Stephen Kneapler; Chair Gort will be appointing Richard Kuper and Stanley Krieger; Vice Chair Hardemon will be appointing James McQueen and Alex Saiz; Commissioner Sarnoff will be appointing Jay Solowsky and Melissa Tapanes; Commissioner Suarez will be appointing Mike Llorente with a four -fifths residency waiver, waiving the requirements of Section 2-884 of the Code, requiring members to be either permanent residents, own real property, or work or maintain business in the City; Commissioner Suarez -- excuse me -- yes, will also be appointing Luis Gazitua; and City Manager Daniel Alfonso will be appointing Murray Greenberg. Those are the appointments I have for the Charter Reform Committee. Chair Gort: Okay, thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: AndI still haven't made the selection for my two members. I actually have been working on it, and I've been in contact with my two members. I most likely am going to need residency waivers for both of them, but I ask that you give me until next Commission meeting just to make sure that the two members that I am choosing are the correct ones, and I could have longer discussions with them. Thank you. Chair Gort: Thank you. Commissioner Suarez: Do we have to modibr the reso or can we just waive that requirement? City of Miami Page 64 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Ewan: We can bring it back. Commissioner Suarez: Huh? Ms. Ewan: We can bring it back with Commissioner Carollo's appointee, but we can pass this resolution today appointing these members and your member for the residency. Commissioner Suarez: The only reason why I ask is because in the reso creating the committee, my understanding is we put a date and then we extended the date, but I want to make sure that we further extend the date so that the Commissioner has an opportunity to select his people without there being any sort of an issue. Victoria Mendez (City Attorney): I believe what we can do is -- and this will be a little -- just technical. If we can rescind the former one and just add on these new dates, clam the issue of the -- there was a question on four -fifths and majority. Remember last time when we amended, we passed a majority vote, but the Code says you have to waive these provisions with a four -fifths, so we can fix that. And then we can also -- there is a date issue with setting the first meeting, and instead, we can amend it with a window period of when you have to have your first meeting. So if we can make all those changes, and then when is the next meeting, October 9? Chair Gort: Yes. Ms. Mendez: If we can change the date to October 9, that would be the cleanest way, because you really can't amend -- we really don't amend resolutions, so it's better to just rescind it and make all these changes and have a new one. Commissioner Suarez: Look, I think -- just leave the resolution in place and you bring a new resolution that supersedes the old resolution but keeping in mind that the Commissioner would like to make his appointments and we -- no one here wants to frustrate him in his ability to do that. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: And just to add a little bit more light, I've already spoken to the members that will probably represent me. One of them, in particular, has moved a little ways away, so it's going to be an issue of can he commit the time, especially the driving time and so forth. So there is, you know, issues like that that I want to make sure that everyone's comfortable with before they're actually named. Chair Gort: So what's the wish? Ms. Mendez: I gave my advice, but I'll do what your -- Chair Gort: Okay. Ms. Mendez: -- whatever your pleasure is. Commissioner Suarez: I -- here's my suggestion: I suggest that we vote on the members right now. I suggest that you bring a resolution to the next Commission meeting which extends the time frame for selecting members and does all the other clean-up things and it rescinds and supplants the prior resolution. Chair Gort: Okay. There's a motion. City of Miami Page 65 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: So moved. Chair Gort: Moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Are -- with this resolution, are we also voting on the members that were mentioned by the City Clerk? Commissioner Suarez: I think we are. Chair Gort: Yes, sir. Commissioner Carollo: Does that mean --? Anyways -- Commissioner Suarez: I know where you're going with that. Commissioner Carollo: -- I may have some additional discussion -- Commissioner Suarez: Yeah. Commissioner Carollo: -- but -- Commissioner Suarez: Well -- Daniel J. Alfonso (City Manager): Commission -- I'm sorry, Commissioners. Chair Gort: Yes. Mr. Alfonso: IfI may? I'm not even sure when the print deadline is, but this is cutting it pretty close to come back with a full resolution, so can we ask that if we don't make the absolute print deadline, we can still bring this back? Commissioner Suarez: Yes. Mr. Alfonso: Thank you. Chair Gort: Okay. Yes, sir. Commissioner Carollo: And I have an additional question and discussion with my colleagues. In the budget that we approved for next year, there is a line item that has, I believe -- and I'm going on memory -- $305, 000, and it stipulates that it's for the potential referendum. So are we looking at -- for this to go to a referendum in November -- Mr. Alfonso: No, Commissioner. Commissioner Carollo: -- of this year? City of Miami Page 66 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 DI.1 14-00860 City Commission Mr. Alfonso: That is for the -- I believe we may have elections. Commissioner Carollo: Understood. Chair Gort: We do have elections (UNINTELLIGIBLE). Commissioner Carollo: But I'm just saying what is stipulates. Mr. Alfonso: No. Commissioner Carollo: It stipulates for an additional referendum. So I want to make sure that -- and that's something that I touched upon with Mr. Rose, and I don't think we -- I ever got clarity on exactly what it was, but it stipulates for an additional referendum. Mr. Alfonso: I believe the direction we got from the Commission -- or the conversation was had that we would -- the referendum for any changes to the Charter would probably be in the 2016 presidential primaries. I think it's like March. In that way, there wouldn't be no -- we could piggyback on the election and it would limit the cost. Commissioner Carollo: Okay. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying bye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00860 Cover Page.pdf 14-00860-Submittal-City Manager -Memo -Police Department Hiring and Staff Update.pdf DISCUSSED Daniel J. Alfonso (City Manager): Commissioner, we can have the discussion on the recruitment of police officers; the Chief is here. Manuel Orosa (Chief of Police): Good morning, Commissioner. Chair Gort: Chief you're recognized. Chief Orosa: Good morning. Basically, since the last Commission meeting, we've been going through the hiring process again. We still have 13 vacancies. We have five waiting medical. And basically, by the end of October, we should be completely filled with those 13 vacancies and moving forward in the hiring process of the new 80 officers that the Commission so gratefully gave us. Chair Gort: Any questions? Thank you. Chief Orosa: Thank you, sir. DI.2 DISCUSSION ITEM City of Miami Page 67 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 14-00923 Office of Management DISCUSSION REGARDING FUNDING FOR THE DOUGLAS PARK and Budget REMEDIATION PROJECT. 14-00923 Summary Form.pdf 14-00923-Submittal-City Manager -Memo -Parks Remediation Funding.pdf DISCUSSED (DI.2) 14-00923a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS IN THE EXPECTED TOTAL MAXIMUM PRINCIPAL AMOUNT OF TEN MILLION, ONE HUNDRED THOUSAND DOLLARS ($10,100,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CITYWIDE ENVIRONMENTAL REMEDIATION AND CERTAIN RELATED CAPITAL IMPROVEMENTS PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 9, 2014. 14-00923a-Ex h i bit. pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-14-0383 Vice Chair Hardemon: Now, there are a couple items that are listed. For instance -- I just want to ensure that something happened or did not happen -- FR.2? Commissioner Suarez: We had that. Unidentified Speaker: It happened Commissioner Suarez: It happened. Vice Chair Hardemon: I just don't have it indicated here. Todd B. Hannon (City Clerk): Yes, sir. City of Miami Page 68 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: We did it as a companion item. Commissioner Carollo: Yeah. Vice Chair Hardemon: So that was passed? Commissioner Suarez: Yes. Commissioner Carollo: Yes. Vice Chair Hardemon: Good. And then in PH.3? Daniel J. Alfonso (City Manager): We're holding for PH.3 and DL2. We'd like to get that done rather quickly, if you don't mind. Vice Chair Hardemon: What; DI.2? Mr. Alfonso: DI.2 and PH.3, the whole discussion about the Section 108 -- Vice Chair Hardemon: Oh. Mr. Alfonso: -- the option that the Commission asked us to come back with. We'd want to do away with the Section 108 loan. There would -- so there would be nothing coming from CD (Community Development) in future payments, et cetera. We'd like to ask the Commission to allow the Administration to request a $10.1 million loan to be paid out of general fund non -ad valorem. We would pay the principal and interest payments in the future out of general fund. To the extent that the County would later perhaps reimburse us because of the excess funds in the Virginia Key Project, we would use those funds to repay that loan. At the same time, the Commission directed us to come back and allocate $2 million to Douglas Park from the citywide impact fee. We determined that we didn't need that much, because there was already some money in that project from impact fees, so there was a resolution to add 800 and -- Chris, 850,000? Christopher Rose (Director, Office of Management & Budget): Eight hundred and fifty thousand, yes. Mr. Alfonso: Go ahead; just finish it up. Mr. Rose: Sure. Eight hundred and fifty thousand in -- Vice Chair Hardemon: So just for some clarity for those following at home, we're looking at DI.2 then. Mr. Rose: Yes, sir. Vice Chair Hardemon: That's where we are. Okay. Mr. Rose: Eight hundred and fifty thousand from the Douglas Park Turf project, and 200,000 toward the Green Link Underline project, also from the Douglas Park Turf project. We will bring back the actual financing so the Commission will see this again at some point, and in the meantime, staff will come around and meet with each Commissioner to talk about the impact fees that are freed up by this financing should it be approved this evening -- this morning -- excuse me. Mr. Alfonso: And we will not be doing a Section 108 loan, so CD would not be impacted, and City of Miami Page 69 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 we could actually move faster if we do this, because Section 108 loan process is kind of lengthy. We feel from talking to our financial advisors that we can get this loan done before the close of the calendar year. And actually, if we get approval from the Commission when we bring it back, once we have a letter of intent, we could actually move on these projects immediately. Vice Chair Hardemon: May I ask a question to you all? The testing for remediation -- or the testing for contamination in the parks of the City of Miami, have they been done on all of our parks in the City of Miami? Mr. Alfonso: Alice. Vice Chair Hardemon: Hey. Alice Bravo: Alice Bravo, Deputy City Manager. At the behest ofDERM (Department of Environmental Resource Management), we actually conducted analyses of the 112 City parks, and that consisted of three things: "A," a document search; `B, " review of historic aerial photographs to see if there was any site of some type of excavation and then a refilling; and then third, we actually did a visual assessment of every single park. So in five or six parks, there was something that could have been interpreted to be ash, and we had sampling done there. And so basically, out of that whole entire population and that tiered process, we have the three parks -- the six parks we're dealing with. Vice Chair Hardemon: So we don't have to worry about any parks within our districts that are not on the remediation list right now that will be? Ms. Bravo: Correct. We've assessed them all in that manner that I've described. Vice Chair Hardemon: And that was properly adequate, that manner? Ms. Bravo: That's the methodology we developed with DERM, Department of Environmental Resource Management, from Miami -Dade County, so it was under their jurisdiction that they requested we look at all the parks. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: You're recognized. Commissioner Suarez: Just three things. I hope I don't have a "Rick Pair" moment and forget what the three are as I say them. One is the savings from the remediation of Virginia Key, that's already part of an agreement -- correct? -- that those savings will flow back to the City. So -- Ms. Bravo: Correct. Commissioner Suarez: -- correct? Okay. So there is a possibility that with those savings, it could pay a substantial part or all of -- I've actually been told that there's significant -- will be significant savings. So it could be all of the bond proceeds. So I just want our -- my colleagues to know the possibility is we go out to bond market and we repay it. Certainly, it doesn't have to be defeased in a normal way. Mr. Alfonso: Correct. There would be a restriction usually on 10 years, but if we get the cash, we can park it and pay the principal and interest at 10 years defease. Commissioner Suarez: Got it. The second issue is my understanding is that the Manager is doing this so we can start right away; like right away with the remediation? City of Miami Page70 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Alfonso: Yes. Commissioner Suarez: Okay. The third is really a corollary of the second, which is -- I know we have a contractor already remediating Merrie Christmas Park, and I spoke to you about this. I suggest, you know, to the extent -- obviously, it's in accordance with our procurement rules and whatever that we maintain the same contractor. Obviously, we can be a -- drive a hard bargain and all that stuff, but going out to bid and starting all over -- we had told our residents that Douglas Park was going to be finished by November and open by November. So, you know, we should expedite to the maximum extent possible getting this work done. So obviously, we don't want to give away the farm and we certainly have to, you know, agree with -- we certainly have to conform with and comply with procurement rules, but we have already a contractor that has -- that's working in our parks, that's close by, that's in the same district, you know. It makes sense for me that we at least try to negotiate. We do that with our engineering contracts, with -- you know, with some of our experts where we increase the capacity of the contracts, but I just wanted to kind of put that out there to be transparent about what I think should happen. Mr. Rose: Commissioners, Chris Rose. If we have proceeds from the sale of brownsfields credits, that could also go towards paying down the bond quicker and earlier. Vice Chair Hardemon: And Commissioners, although it's unorthodox, the fact that these individuals stayed this long to hear about this item, I'd like to give them an opportunity to speak on the record. So there are three names I believe that the Clerk has to -- for individuals who would like to speak on this matter. Mr. Hannon: Yes, sir. Gilda Rodriguez. Commissioner Sarnoff Perseverance. Gilda Rodriguez: Good morning. I'm Gilda Rodriguez, resident of 2930 Southwest 25 Terrace. I am also the president of the Golden Pine Neighborhood Association, and I am here speaking in their behalf. We are requesting and implore you to approve the necessary funding for the restoration, cleaning and opening of Douglas Park. I presented to your office a petition with more than 600 signatures on it where my neighbors from Golden Pines and from other areas of Miami just want to got [sic] the funding from Section 108, general funding, whatever necessary is to approve this cleaning. The park have been closed almost for a year and I think that the safety of our children and our quality of life, it would be your primary importance, so please help us with the fund. Thank you. Vice Chair Hardemon: Thank you so much. Mr. Hannon: George Lopez. George Lopez: I guess I could say, "Good morning, Vietnam" or something like that, right? This project is overdue. There's contamination in the area. We, the residents, we are worried about it, 'cause we don't know if this underground contamination could spread around, so we really ask you to please give us a "yes" vote, 'cause the Honorable Mr. Sarnoff has come up with the least expensive way to renovate this park and get rid of contamination. We really like -- we really need for our health a "yes" vote. We thank you so very much. Linda Alger: Good morning. Linda Alger, 2784 Southwest 29th Avenue. I live in the neighborhood of Golden Pines. We implore you, do what you can. Get the funding in place and get this park fixed We heard two big hearings tonight about places that need childcare. Well, guess what? There was a very active childcare program at Douglas Park, and none of those kids are going to childcare in our neighborhood anymore. All of them are having to be driven, which adds to cars, and traffic, and congestion in other neighborhoods. They don't get their program City of Miami Page71 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 back till we get our park back. And it was a very busy, active program; afierschool care program in Douglas Park. There could be a great future in that park. There can be a lot of other programming. When we get a new community center there to replace the one that's crumbling into the ground, it can have a lot more uses. Senior citizens might even have some programming there. So, please, we're speaking for our neighbors, because a lot of people just couldn't stay here any longer; they had to leave. And we're imploring you to get Douglas Park open. And I don't mean get the tennis courts and the basketball courts open. I mean get our park remediated and get the whole park open. And thank you very much. Mr. Alfonso: Commissioners, just for clarification, in the $10.1 million that we're asking authorization for, there's $3.3 million to remediate Douglas Park. And in the resolution that we're asking to move funds, as directed by the Commission, we're -- there's going to be a total of $2.5 million for the facility, right? The -- Mr. Rose: Correct. Mr. Alfonso: -- community center. Mr. Rose: Yes, sir. Commissioner Sarnoff Mr. Chair. Vice Chair Hardemon: You're recognized. Commissioner Sarnoff You know, this isn't a hard decision for me. I put almost a quarter million dollars of CDBG (Community Development Block Grant) money at -- starting the planning for the remediation of Douglas Park, and that was for the community center. So I've dedicated very difficult money towards this process. I'm not even asking to have that money back. I'm just suggesting -- you know, we listened to a lot of things today about kids, and yet, for all and everything we did, we have not put back what I think is one of the largest parks in our entire system for kids. And the debate -- there should be no debate. This should be a very simple process. This gives us financial flexibility to do this and -- certainly with the backstop of the bond. And in the event we get the money from Virginia Key, or in the event we have to use other funding, or even if we choose to use general fund or bring down our reserves, we have the financial flexibility to go about this in many different ways. What we shouldn't do, though, what we shouldn't do is continue to debate and wonder how it is we should work on Douglas Park. I'm just talking about this one park. There are other parks listed in here that will be helped. Commissioner Carollo, there will be a little bit of a help with some more park funds in this. So I'm going to support this, and because it's so late in the evening, that's all I'm going to say. Commissioner Suarez: Move it. Commissioner Sarnoff Second. Vice Chair Hardemon: It's been properly moved and seconded. Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: It's been properly moved and seconded, and we want to be sure to indicate, 'cause I want this to be -- properly moved and seconded the approval of the 10.1. Mr. Alfonso: Right. So I think -- what we understand is the Commission has given us the authorization to go and seek out a $10.1 million bond, which is going to come back to this Commission for final approval, and we're requesting approval of the resolution allocating the $850, 000 for the community center and the $200, 000 for the Green Link Park. So it's like -- kind City of Miami Page72 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 of two separate things. Vice Chair Hardemon: Is that what our mover and seconder is --? Mr. Hannon: Chair, I'm sorry. It's all contained in this one resolution that you handed out? Mr. Alfonso: It was, yes. Mr. Rose: Yes, sir. Mr. Hannon: Just wanted to make sure for the record. Mr. Rose: And the Law Department has asked me to read the title into the record. A resolution of the City of Miami Commission declaring the official intent of the City of Miami, Florida, to issue tax-exempt and taxable special obligation bonds, in the expected total maximum principal amount of $10,100, 000, in order to, among other things, reimburse itself from the proceeds of such special obligation bonds for funds advanced by the City for certain expenses incurred with respect to citywide environmental remediation and certain related capital improvement projects; establishing certain related definitions of terms and authorizing certain further and incidental actions by the City Manager in consultation with the City Attorney and bond counsel, as such other appropriate officers, employees and agents of the City as the City Manager deems necessary. All is required for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended further authorizing related amendments to the City's multi -year capital plan previously adopted September 9, 2014. Vice Chair Hardemon: Okay. So I assume then the motion is referring to that resolution? Understood? We all agree? Commissioner Sarnoff Yes, yes. Vice Chair Hardemon: Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Vice Chair Hardemon: You are recognized. Commissioner Carollo: Thank you. I have two or three things and I'm going to be brief. Number one is I heard that it was stated that Douglas Park will be finished by November, and I just want to make sure that the expectations are not far-fetched. Is Douglas Park going to be complete by November? Mr. Alfonso: No. Commissioner Carollo: Okay. I -- and I just wanted to make sure, 'cause that was stated, and I know there's at least three residents from that area that heard that, and I want to make sure that Commissioner Sarnoff I think it was going to be opened; parts of it were going to be open by November. Commissioner Suarez: Yeah. I mean, I was told a while back -- I mean, we didn't get into the specifics of whether it was going to be some sort of a piecemeal thing, or whether it was going to be a total opening. I was -- when it got closed, our office received a lot of calls about the closure of the park, when is it going to be reopened. I went to the Administration. I was told it was going to be open in November. They didn't say parts of it were going to be open in November; a City of Miami Page 73 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 tennis court's going to be open in November; a parking lot's going to be open in -- they just said it was going to be open in November. So what I'm getting at is that we are behind, you know, and essentially, we need to do everything we can to get it open ASAP (as soon as possible), because the community's been told and is expecting it to be open as soon as possible. Commissioner Carollo: Mr. Chair, ifI could continue? Vice Chair Hardemon: You're recognized. Commissioner Carollo: And I agree. I just want to make sure that, you know, we don't set the City up for failure and the expectations are there, so I want to make sure of that for the record. With regards to the funding, I understand that, yeah, maybe in the future, we may get monies from Virginia Key or so forth, but in the meantime, what funding source are we going to be paying the bonds? Mr. Alfonso: Commissioner, once we have to make a debt in principal -- principal interest payment, it will be from general fund Commissioner Carollo: It will be from general funds. Mr. Alfonso: Yes, Commissioner. Commissioner Carollo: Because I thought, originally, it was going to be from a half cent. Mr. Rose: We will -- Mr. Alfonso: That is general fund You're talking about the half -cent revenue share from the State, but yes, that is general fund; that's the pledge, yes. Commissioner Carollo: I got you. Two more things, two more quick things. One thing that I need to point out, these appears to be all the parks are contaminated in the City of Miami. The one park that is not listed here is Bayfront Park. Now, yes, we do have money in the reserves, and part of the reason we have money in the reserves is cases like this. There has been contamination in Bayfront Park, and Bayfront Park will be dealing with that, as far as I know, and I don't want to speak for my other board members. But as far as I know, Bayfront Park will be addressing that issue and we still really don't know what amount that could be. So I just want to point that out, because that's money that isn't coming from the City of Miami's coffers. And the last thing I want to point out, and I spoke to the Administration about this earlier today. We passed -- I think it was a resolution with regard -- it was a resolution with -- regarding to different funding for Gusman Theater, and more than half of that funding came from District 3, and monies that I could definitely use for ongoing projects. And I'm sure you will remember a few Commission meetings ago how I mentioned about Domino Park, and Tower Theater and so forth, so from these monies, I believe there's about $450, 000 available that I think, in the next Commission meeting, there'll be some type of resolution in order for us to capture that. Mr. Alfonso: The October 23 meeting, there's going to be an appropriation item. Mr. Rose: Second meeting in October. Commissioner Carollo: Okay. And just to be transparent with my colleagues and with everyone. Thank you. Mr. Alfonso: Bless you. Vice Chair Hardemon: Thank you very much. Thank you very much, Commissioner. All in City of Miami Page74 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 agreeance [sic] with the motion as stated, indicate so by saying "aye. The Commission (Collectively): Aye. Vice Chair Hardemon: All against? The motion passes. DI.3 DISCUSSION ITEM 14-00921 CIP Independent REPORT OF FINDINGS BY THE CIVILIAN INVESTIGATIVE PANEL(CIP) Review Committee INDEPENDENT REVIEW COMMITTEE. 14-00921 Back -Up - Directive.pdf 14-00921 Back -Up from the Law Dept.pdf DISCUSSED Chair Gort: We have a time certain, 10 o'clock, the CIP (Civilian Investigative Panel), Independent Review Committee Report. We have the chairperson. You're being recognized. Israel Reyes: Commissioners, good morning. My name is Israel Reyes. I am the chair of the Civilian Investigative Panel Independent Review Committee. I want to thank you for allowing me to serve. What I'm going to do today is, ifI may, is just give you a brief overview of what we've done, go over quickly the -- our finchngs, and then expound on what they are, and then answer any questions, of course, that you may have. So two of my colleagues are here: Ms. O'Donnell, Sonia O'Donnell, and former chief Clarence Dickson. I don't see any of the other -- Oh, and the vice chair, Ms. Christine King, is here as well. I'd like to tell you, first of all, that we wish we would have had more time, and we did ask for extensions, and we were granted extensions by the Commission, because there were so many folks who had an interest in what was occurring and felt very passionate about what was occurring. But having said that, we met several times. We conducted public hearings where we allowed members of the community to address us, and we also asked for written submissions, which we also received and have considered. Before I go on, I have to tell you that I just -- I have to -- I just have to thank the staff. You know, the staff that you assigned to help us with this, the City Clerk, Ms. Klose, Mr. Perez. They were just amazing. I mean, I just -- we said it publicly, and I have to say it again. There's just no way we could have done this without them, and their job is not done because we still have to finalize a report; although, we have the -- we have the content. We just don't have the format yet, and I think we may have to meet one more time to do that. So having said that, let me just summarize some of our findings. I think it's important to understand that what we learned and what we desire -- by tibe,'7 mean the committee -- about what we would like to see for the CIP is that it has to be a truly independent panel. And by Independent, 7 mean independent of the City Commission, independent of the City Administration, independent of the Police Department, and independent of the Coalition. It cannot be a tool for everyone to use that panel for their only motives and their own agenda. That's not -- it's not a tool of those individuals or those organizations. It is a tool of the people of the City of Miami. And it's a tool that -- it has to promote transparency, and it has to promote accountability, but it has to be objective, and it has to be fair, and I think it's very important that we understand that, because every time there is a complaint against a law enforcement officer doesn't mean that the law enforcement officer was guilty of that. By the same token, it doesn't mean that anyone should cover up police misconduct. Again, transparency and objectiveness is, I think, what everyone is seeking, so we would ask that -- that is something that everyone should keep in mind when they're going through with the process. Now, pursuant to the resolution that was passed on May 8, 2014 by this Commission, Resolution R-14-0196, we were asked to investigate the conduct of the Independent Council of the CIP; investigate whether the Independent Council has timely investigated cases; to investigate whether past investigations were timely and whether any delays in the investigations were duty to the fault of the Independent Council; and to investigate whether past investigations were timely, and whether any delays in the investigations were due to the fault of the Civilian Investigative Panel. In addition to the members that I introduced that are here City of Miami Page75 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 today, Ms. Lynn Lewis was also a member of the panel, and I want to thank her and the other members for their help. As I said, we met on June 6 of this year, June 23, July 29, September 2, and September 15. I think I qualifir for my own coffee cup here now, because we spend so much time here, all of us do. As I said, we heard from witnesses, including current and former members of the CIP, current and former employees of the CIP, representative of civic and civil liberties watch groups -- watchdog groups, the former executive director of the Miami -Dade counterpart of the CIP, a representative or representatives from the State Attorney's Office, and the City of Miami Law Department. We also heard from Mr. Mays, who testified, and all witnesses were obligated or obliged to respond to questions from CI -- from IRC (Independent Review Committee) members, and we did ask a lot of questions. We did a lot of fact-finding. And all of the meetings were audio -taped and some of them were transcribed. Now, as to the first issue that you asked us to review, whether there has been any malfeasance or misfeasance by the Independent Council, the Civilian Investigative Panel, the IRC concludes that there was no finding of malfeasance or misfeasance on the part of the Independent Council. What there was, though, was the Independent Council stepping in and assuming duties that were apparent or existing because of some gaps or some void aspects of the ordinance. The -- and I'll expound on that a little bit more, but there were times when -- because of either the budget cuts or lack of personnel, he assumed duties that, frankly, had to be done. What his motivations were in doing that, I don't know. You know, we'll never know, but he did it. And I think that's created a lot of bad blood, to be honest with you, because there were witnesses that came forward that testified that seemed to have an axe to grind with that. And you know, along those lines, we voted that -- the entire committee voted, and we passed -- or we agreed on this language, and I'll quote: if Mr. Mays, in his wisdom and unselfish manner, chooses to separate from the CIP and leave the City, it would be the correct decision. "So we agreed that that would be in the best interest of the CIP. Now, I think it's important to understand that the timeliness as far as the investigative cases -- and that was the second thing, whether the Independent Council has timely investigated cases. Vice Chair Hardemon: Mr. Chairman. Mr. Reyes: Yes. Chair Gort: Yes. Vice Chair Hardemon: May I interrupt for a moment? Chair Gort: Sure. Mr. Hernandez: The statement that you read, you said that was the position of the -- Mr. Reyes: Committee. Vice Chair Hardemon: -- committee? Mr. Reyes: Did say `panel"? I meant to say "committee." Vice Chair Hardemon: No. I'm not sure exactly what you said. It was the statement that kind of caught me off guard. So I wanted to know just briefly, if you could, just explain why the committee came up with that position, hearing especially that there was no determination of any misfeasance or malfeasance of his job duties. Mr. Reyes: Sure. It's a very simple answer. The reason we came up with that is because of the acts that Mr. Mays undertook, right or wrong, I think it affects the -- trying to say the right word -- the -- I don't want to say "viability," but that's the word I'm trying to find -- you know, the effectiveness, I guess, of the CIP going forward, if he remains, and it was his choice, as I think City of Miami Page76 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 this Commission is aware. So I think because of that, I think it's -- we all think it's the right decision, and we all came to that conclusion unanimously. Vice Chair Hardemon: So in -- Mr. Chairman. So if -- from what I'm understanding, is that if there's a disconnect between Mr. Mays and the CIP, and because of that disconnect -- and with some other bodies also -- it's better for him to move on? Is that what you're decision? Mr. Reyes: Absolutely. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: If I may. First of all, thank you, judge, for doing all the work that you did, and all the board members. Mr. Reyes: My pleasure. Commissioner Carollo: I think it's truly appreciated. You said it was his decision. And I saw some of the meetings whenever I could, and I -- it was my understanding that it was his decision too. He came before you standing at that podium. But then somewhere in there, it was stated that there was some type of a payout, and I think that's what got me off guard and I think some of the other members of this Commission, because I thought it was an amicable separation and there was no -- nothing -- or discussion with regards to a payout, and then all of a sudden that, you know, surfaced. So is it possible for you to elaborate on that, especially when you say that it was his decision to separate? Mr. Reyes: Right. The answer is, yes, I can elaborate on it, and no, I can't. And the reason I can't is because that had nothing to do with what we were charged to do, and we didn't become involved in that, and we stayed away from that, and I think that's a decision that the Commission and the City Administration need to make with Mr. Mays. That really had nothing to do with us. So as far as the payout, I really can't address it. I really have no position on that. We don't have a position on that. Commissioner Carollo: And -- Chair Gort: Thank you, judge. Commissioner Carollo: -- a follow-up question: And when Mr. Mays came before you with regards to separation, was it your understanding that there was a payout involved or was it that he was just separating and it was an amicable separation? Mr. Reyes: My understanding of it was that he had made the decision to separate and he was going to negotiate with the City as to the terms and conditions under which he would separate. Chair Gort: Thank you, sir. Let me make a suggestion. Let the judge finish his presentation. Whatever question you have, please, let's write it down and we can ask them at the end. Thank you, judge. Mr. Reyes: Okay. I'll -- I know you have a lot on your plates, so -- Chair Gort: No, no. Go ahead judge. This is very important. Take your time. Mr. Reyes: Thank you, sir. As far as the timeliness of investigating the cases, it was really difficult to find what the guidance was in the ordinance as to what the start date, the end date, City of Miami Page77 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 and the issues that would toll the process. There were -- some investigations were not timely investigated; they just weren't. You know, I'm a former -- as you know, I'm a former Miami -Dade Police Department detective, and I spent, you know, 17 years investigating cases. You know, there is a point and time where you can end the case and say it's -- "we're done." And you know, from what I saw, there is some cases that should have been timely investigated and completed, and they weren't. I think the fact that they hired a new program -- I think it was called -- I mean hired -- obtained a new program called IA Pro, I think is what it's called. I think that's going to help keeping -- going to help now with keeping track of the cases. But the answer to that question is whether the Independent Council has timely investigated cases, the answer would be "no," and we're going to address that in our recommendations as to how we think that can be corrected. Whether the CIP is investigating independently. I think any time you have any organization whose purse strings are controlled by someone else and whose personnel are subject to being dismissed by others, I think that's going to reduce the independence of any body. Any -- not "anybody, any person"; any body or any organization. The Independent Council can be fired, my -- our understanding, is by the City Attorney. He can be -- the executive director can be dismissed by the City Manager, and of course, the Commission controls the budget of the CIP. I think those are issues that are going to need to be addressed or -- and I that's one of the recommendations that we will cover. So we don't think the CIP is operating independently the way it is set up right now. And I think it's also important again, as I mentioned in the beginning, that "independence" means independence from everyone who's a stakeholder, everyone; those outside forces, those external forces, and those internal forces, because to truly be independent, you cannot be influenced by anyone. The only thing that should influence you are the facts, and you should go where the facts take you; and whatever the facts are, they are, and then you make your findings on -- based on those facts. Now, what are the recommendations of the Independent Review Committee? I'm going to list the recommendations, then I'll expound on each recommendation and why. And these are our recommendations: That a liaison should be assigned by the Miami -Dade Police -- I'm sorry -- I'm reverting back -- a liaison should be assigned by the Miami Police Department to work with the CIP; that the CIP should automatically investigate any police shooting that involves a death; that the Charter or Code should be amended to allow the CIP to hire and fire the Independent Council and the executive director; that the time periods -- that there should be one time period established for which the CIP investigation should be completed; to amend the CIP ordinance and bylaws to reflect that the Independent Council should have no line authority over any of the individuals who work for the CIP; and the CIP, similar to a grand jury, should be able to independently investigate and review any issues germane to its authority that it feels it needs to look into based on what is seen from the complaints that come before it; that the location of the CIP offices should be reevaluated, the physical location; and that this committee should -- I'm sorry -- this Commission should create a committee to review and amend the CIP ordinance and review and amend the CIP bylaws and composition of the -- with a recommendation as to the composition of who should be the members of that committee; that to the extent allowable by law, the City should not be able to control the budget of the CIP; and finally, I already addressed the recommendation involving Mr. Mays. Now, as to the first recommendation, that a liaison should be assigned by the Miami -Dade -- by the Miami Police Department to work with the CIP, I think there has to be -- we all think there has to be a closer working relationship between the two. There should be more involvement by many individuals, but also it should be, in our humble opinion, set up in such a way where a command staff officer or a middle management police officer, lieutenant or of higher rank who is in the Internal Affairs chain of command be assigned as the liaison for the CIP -- from the Police Department. I think that would open up lack -- it would open up more lines of communications, and I think it'll help the CIP function in a much better manner. And I keep saying f "When I say l,'7 mean the entire committee, you know. Just like home, I wasn't allowed to do whatever I wanted. The CIP -- the second recommendation: The CIP should automatically investigate police shootings that involve death. One of the things that we encountered was -- well, the issue of Well, is the investigation over? "As you all know, whenever there's a police shooting, the State Attorneys Office investigates it, Internal Affairs investigates it, as well as the Police Shooting Team. I was a member of the Miami -Dade Police Department City of Miami Page78 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Shooting Team because I was a homicide detective, and every time we had a police shooting with Miami -Dade Police, of course we would respond as the Police Shooting Team to conduct a criminal investigation. There would be a parallel administrative investigation by Internal Affairs, and the State Attorneys Office would also respond, as well as the police union. Sometimes it's hard to determine when those cases or when those investigations are over, so the CIP wasn't sure -- or the CIP members and the staff weren't sure, from what we saw, as to when they can jump into the investigation or whether or not they should jump in. It is our recommendation that in order to make this a more independent and open and transparent process -- death is different. Every time someone dies as a result of a Miami -Dade Police Department police shooting, automatically should be investigated by the CIP -- Commissioner Suarez: Immediately? Mr. Reyes: -- so the citizens are aware of what's going on. Commissioner Suarez: Immediately, judge? Mr. Reyes: I'm sorry? Commissioner Suarez: Immediately? Mr. Reyes: Well, no. And I was going to address that. Here's the issue. There are already investigations, as I just mentioned, and that's why I gave you a little bit of background about the process. There are already investigations being conducted by other agencies, sometimes even the Department of Justice. The last thing I think anyone wants is for the CIP to stumble on or be an obstacle or a hindrance to any investigation or possibly foul up a prosecution or some type of investigation by getting involved. Also, if the CIP waits until the investigations are complete, most, if not all, of the fact-finding will have been done already by those agencies. And the CIP, because it should be independent, can not only rely on those -- that information that was uncovered by those agencies -- of course, they should be free to conduct their own investigation, and they should be able to conduct their own investigation, but most of the work will already be done. So for those reasons, I think they need to wait until the investigations are over. Vice Chair Hardemon: Mr. Chairman. Mr. Reyes: Does that answer your question? Vice Chair Hardemon: -- Mr. Chair, may I interrupt, please? Because I have a -- Chair Gort: go ahead. Vice Chair Hardemon: As I continue to listen more and more, I understand that we have recommendations that are being presented to us, but I just don't remember us asking this committee to bring us back forth recommendations. What I remember was to investigate whether or not the attorney conducted any -- or had any mis-, mal-, or nonfeasance of his job duties. And I don't -- I mean, I'm sure we have the record of exactly what happened on that day, but I just don't remember it coming back -- I don't remember this committee supposed to be coming back to us with recommendations for Charter revisions and all of the things that we're hearing and are about to. Chair Gort: I understand what you're saying. At the same time, my understanding, when we were discussing this item, and we named the committee, we requested it to look at everything. Vice Chair Hardemon: Well, I -- City of Miami Page79 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: And if we needed to have recommendations to the function, so we -- the thing that happened in the past would not happen again, it would be very important. Vice Chair Hardemon: No. And the reason why that becomes extremely important is because, you know, we have to be careful in how we word how it is that we create a committee. For instance, we create a committee that is just to look into certain information and bring -- and gather information, rather. I just know that you can possibly have something as simple as a sunshine violation, for instance, if you create a committee and that committee's supposed to bring forth recommendations, and we're supposed to vote on those recommendations, and the committee members are meeting with other people. I just want to be very careful about what it is that we're supposed to be doing with this committee, and that's why that came to my mind So I didn't know if any other Commissioners remember exactly how it all came about, but that's just not what I remember. Chair Gort: Thank you. Mr. Reyes: May I continue? Chair Gort: Let's finish. And when we finish, we'll discuss all. Mr. Reyes: All right. Chair Gort: Thank you. Mr. Reyes: The -- one of the other recommendations that we're making is that the Independent Council's role should be limited as purely a legal advisory role, similar to a police legal advisor for the Police Department. The Independent Council, whoever that may be, he or she should not be making decisions as to whether or not, for example, a subpoena should be issued. They should give their legal opinion, but that should be left to the investigators and the members of the CIP. And the Independent Council should have no line authority over any member of the CIP. As far as the time period for which CIP investigations should be completed, we looked towards the Police Officers' Bill of Rights, which has a 180-day time limit. We thought, in order to keep it consistent with something that's already been attested in the courts, something that's accepted by law enforcement and, of course, accepted by the members of the public, that 180-day period, so our recommendation is that it should all be consistent; it should be the same 180-day period for that. Commissioner Sarnoff I'm sorry, Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff I'm not following the 180. I mean, I know what the Police Officers' Bill of Rights sort of says, but you're saying they must complete their investigation within 180 days? Mr. Reyes: By "they, " you mean the CIP or the Internal Affairs? Commissioner Sarnoff. Well, that's where I'm (UNINTELLIGIBLE). Mr. Reyes: Oh, sure. As it stands now under 112.532(6)(a), I think is what it is, within 180 days, Internal Affairs has to complete their investigation. We're saying that if the ordinance is rewritten -- amended, that 180 days should apply -- not the same 180 days. The time period for the CIP should likewise be 180 days when they start their investigation. Commissioner Sarnoff And just to engage for a moment, Mr. Chair. Shouldn't -- City of Miami Page 80 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Go ahead. Commissioner Sarnoff -- the CIP investigation commence post Internal Affairs? Mr. Reyes: Yes. Commissioner Sarnoff Okay. And then their 180 days apply? Mr. Reyes: Yes. Commissioner Sarnoff Okay. Mr. Reyes: Yes, sir. Yes. I'm sorry, I didn't make that clear. Commissioner Sarnoff I would think it was a good idea. I just wanted to make sure that was your idea. Mr. Reyes: Okay. And then the other recommendations, I think, speak for themselves. Perhaps the most important recommendation, I think, is that you put together this group to look at the ordinance and the bylaws, and I did mention to you that I was going to -- we had suggested who should be involved in this group, and let me just find that quickly, if I may. Of course, members of the coalition, members of the Police Department, the State Attorneys Office, members of the State Attorneys Office, and any other stakeholder who wants to be part of the process should be involved and invited to be part of this review process, if the Commission agrees with these -- with this recommendation. I think one thing to look at that's very important is that even the Constitution, the Florida Constitution has revisions. I think it's any -- every 20 years there's a Constitution revision -- Commission that reviews the Constitution. That's probably the most important law we have on the books. Why should the ordinance be any different? You know, things change. Sometimes we see when something is written and it's applied it's not workable, or it's not as workable as intended to be, so that is one of the reasons we came up with that recommendation. We are finalizing the report. We're going through some drafting languages. You know, the sunshine law prevents us from discussing amongst ourselves. I'm recommending -- I sent an e-mail (electronic) to staff yesterday suggesting that we have one more meeting where we will -- the members of the independent review committee will go through the report line by line so we can agree on the language and the format of the report and hopefully put this to bed as far as our responsibility in this case -- or in this matter. Again, I thank you for your trust in us. It's a very, very important thing. We care passionately about it. Chief -- I don't know where the Chief is. Commissioner Suarez: He's right behind you. Mr. Reyes: Oh, right here. The Chief is there. Ms. O'Donnell is there. I mean, she can echo -- I mean, we really took it very seriously so. Chair Gort: And the vice chairperson's back there. Mr. Reyes: Oh, Ms. King. I'm sorry, Ms. King. My former law student, Ms. King. Chair Gort: Thank you, judge. At this time, any questions? Commissioner Suarez: Mr. Chair? Chair Gort: Yes. Commissioner Suarez: Thank you. First of all, I want to thank you, judge. I want to thank all City of Miami Page 81 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 the members of the committee who are here today for your work. I don't know what -- just to Commissioner Hardemon's concern, I'm not sure exactly what the specific direction was. I do recall that it was a discussion -- a general discussion of the dysfunctionality of the CIP, and I think what may have started as a discussion centered around whether the Independent Council had committed some sort of misfeasance or malfeasance, and whether the executive director had any sort of blame or fault, and there was some issues regarding committee members and whether there were vacant seats. I think our objective has been -- and I think you're absolutely accurate in your -- one of your last statements. Our objective has been to fix the CIP. That's really been the objective. And I think, as you stated just a second ago, that means that every so often, we have to take a look at everything, because even though it is Charter -created panel, that does not mean that it's perfectly ordered. And I think your suggestions -- I'm interested to see the final report, so I'll definitely be looking at that very carefully, to the extent that some of the recommendations require Charter amendments, and the Commission has been kind enough to allow me to be the chair of a Charter Committee that will begin next year, so we'll take a look at those recommendations, in conjunction with the Charter. I think all of the recommendations that I heard seem to me to promote independence and seem to me well-founded. Not controlling the budget, that's going to be a tough one, simply because -- Mr. Reyes: We know. Commissioner Suarez: -- I don't know how we create a -- an independent source of revenue for the Independent Council -- the CIP. I'm sorry -- although I suppose that there are possible ways to do that. Look, I think you guys took your charge very, very seriously. You know, from terms of the number of times that you met, the intensity by which you met; the recommendations are obviously very well thought out, and you had a very difficult task. And I think what we have to do going forward is bring everybody back to the table, you know, those people that you mentioned, to make sure that whatever suggestions are made can be -- the ones that are easily implementable can be easily implemented, if that's the will of this body. The ones that are more complicated and difficult, that there is a path; if we think they're good public policy, but there is a path to getting it done as quickly as possible, as well. So again, I just want to commend you for your work. I think, clearly, when we were confronted with the situation, it seemed to me like a whirlwind of accusations, and a whirlwind of dysfunction, and it was very concerning, because this is a board that our citizens rely on to be effective and to be kind of the last line of defense. What's interesting about the way that you explained all the different investigations that go on is that, in effect, the CIP is the last line of defense, literally and figuratively speaking. It is the last agency that will overlook everything that goes on. I think -- one of the things that was discussed is that they continue to have a robust enough budget so that they can be -- they can -- they don't have to rely necessarily on the factual premises or predicates of the prior investigations. I think that is very important, because for there to be a trust in the work that they're doing, I think it behooves them to kind of take a fresh look and a fresh perspective. And that means, I think, that they need to have a number of investigators; they need to have, you know, the resources necessary to be able to do that. But I agree with you that, you know, the Independent Council's role should be limited, as you mentioned, and I think, unfortunately for him, in his effort to do what he felt was right -- and I think you articulate that in your preliminary report -- you know, it created friction, and I think that friction at this point -- and I mentioned it, I alluded to it in the last Commission meeting -- has kind of created what I would consider irreconcilable differences, kind of in the divorce context, you know. Mr. Reyes: Agree. Commissioner Suarez: So I commend him for understanding that and for seemingly understanding that it's time to part ways. And listen, there's nothing wrong with that. That happens. We did it with our Independent Auditor, I remember. And in that case, there really wasn't irreconcilable differences as much as there was a situation where we felt that someone had been in a position for certain period of time and we thought it was time to have someone City of Miami Page 82 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 else, a fresh set of eyes, a fresh perspective. So it doesn't necessarily mean there is anything wrong. It just means that it's time to move on. When people get nominated to boards or positions, they're not lifetime appointments. There are appointments sometimes that are finite in nature, and we have to understand that even our own service as Commissioners is finite. So again, I commend you for your work, and I look forward to continuing to work with you and other interested parties to make sure that we have a vibrant and effective CIP. Thank you. Mr. Reyes: And we're there for you. We will couldn't helping you in any way that we can, because it's -- I think -- and, again, I speak for all my committee colleagues, we now have a vested interest in this, not because we want to see a certain outcome; because now we care enough that we're there for you. Chair Gort: Thank you very much. Mr. Reyes: And I just wanted to touch on one thing that you said is -- and I think this is -- this should be the message, that the CIP should not be a rubberstamp for anyone, for anyone or any organization. Chair Gort: Thank you. Commissioner Suarez: Thank you. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff I just wanted to take a deep dive, judge, on something that you brought forth, and I also want to thank the ACLU (American Civil Liberties Union) for working with me. Andl actually brought back the card that they ripped up on -- my card with them six years ago, and I want to thank them for putting the rubber bands and glue back to that, because it was actually a lot of fun to work with the ACLU. But I would -- something was very telling, judge, that when the coalition came to see me and they were -- wanted the City Manager to take certain actions that may have fixed the problem for right now, but structurally, would have set precedent going forward for a Manager that's not Daniel Alfonso; that's a Manager that could be not as well-spoken or as well thought out as him. So the thing I wanted to make sure that we fixed is the element of control. And as you know, employment litigation or -- the issue of employment has been litigated numerous times in front of you, and you know that Florida subscribes to the master/servant rule. And the CIP should not be the servant of the City of Miami. We should not have an element of control. But on the other hand let me say this -- because I think Commissioner Carollo would say this -- it's not unfettered as either, and I don't think anybody up here is going to fund somebody who is not functioning properly. Mr. Reyes: Correct. Commissioner Sarnoff So there are checks and balances that need to be put in place, and inevitably, this Commission is the, if you will, arbiter, and when I say "arbiter, " no one Commissioner is an arbiter; three people make a resolution and maybe even make the vote. But we have to be the hedge on when money is being misspent. I don't think -- andl certainly cast this to Commissioner Suarez, who has this mission now. I've never thought the City Manager should select, have the ability to hire or fire, or have the ability to set any incident of control, which includes setting vacation, days off. And I'm sure the judge gave me the litany of the things that we look at for the servant; you know, should not discipline, should not have the ability to discipline. Those are the things that make somebody your employee, or the old more archaic way of saying, which Florida still uses, the Servant to the master." Mr. Reyes: Right. City of Miami Page 83 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Sarnoff So I want to make sure that Commissioner Suarez gets a good memo on master/servant law and make sure that that is completely taken away. On the other hand, I want to make sure an element of control -- and just to throw something out at you -- maybe the City Commission can only vary their budget in any given year by 30 to 40 percent, but it -- there's got to be an element of control on that particular agency, because when we don't think they're doing their job -- they're not elected; inevitably, we're elected, and we have to respond back to our citizens as to a host of issues, one of which will be alleged police misconduct. So I want to again, say thank you to you. And I also want to point out that Judge Israel Reyes was the only guy to let me sit right next to him while he was judging other people, and it was a lot of fun being a mini me judge for a day, andl want to thank him for that. Mr. Reyes: My pleasure. Commissioner Sarnoff And I thought he did a wonderful job, by the way, and historically, he remembers and I remember a very Grove issue came up that day when he was judging. Mr. Reyes: By coincidence. Commissioner Sarnoff. What's that? Mr. Reyes: By coincidence. Commissioner Sarnoff By absolute coincidence, and it will be a very remembered moment in my life, and I just wanted to publicly thank you for that. Mr. Reyes: My pleasure. Commissioner Sarnoff My pleasure. Chair Gort: Thank you. Any -- Commissioner Carollo: Yes. Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: Mr. Chairman, thank you. Again, I'd like to express my appreciation for the board. Like I said I was able to watch some of the meetings, and it definitely showed that all the members really had a passion for it and really cared, so I truly appreciate that. I actually made a friendly amendment, and I saw it now in the minutes when I asked the City Clerk that -- I asked for some recommendations as a friendly amendment. I don't know to what extent those recommendations were, but at the same time, listen, I think this Commission clearly saw that it was a dysfunctional board, and we wanted a different set of eyes that really would focus and see what could be done for it to be a functional CIP Board; and at least with me, it's very significant because it was the voters that actually said "yes" to this board. I think your recommendations are reasonable. I think, in the near future, maybe this Commission needs to have a discussion item on them to see what can be done by ordinance or resolution. I would think it's by ordinance. But then some, it might be Charter amendments, and that's where the Charter Amendment Review Committee will listen and partake on the matter. The one issue that I don't think is as easy is, as been mentioned before, is the budget. I don't know exactly how we will go about that, but you know, give us time to, you know, discuss and maybe think about it. But I truly appreciate your recommendations, your work, yours and all the board. And at the same time, I'm thinking that possibly we should have a discussion item in the near future to be able to move forward and make sure that we take full advantage of all your hard work. Mr. Reyes: Thank you. City of Miami Page 84 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Carollo: Thank you. Chair Gort: Thank you, Judge Reyes. And first of all, I want to thank you and all the members. People don't realize that you're doing this work volunteer. You taking off your own time to come here and all the meetings you have come to, which is very important. I can understand the quotes or the statement made by Vice Chairman Hardemon, but at the same time, if we had this group in here that can come up with different solutions, let's look at it. We need to look at the whole. I think we were not really independent. I think to really be independent, a City Attorney should not be doing that and a City Manager should not be doing the hiring and the firing. It should be done by the board. And I think -- and the one thing I made a change originally, the -- each district should have two representatives. They should recommend two representatives for their district so residents of the City of Miami will be represented to make sure that everyone had a voice in here. I think what you make a statement here, this is what you doing is the -- a draft, and it was good that it was presented to us, because you heard from us now, and you can see some of the things that we believe that can be done and cannot be done. So we're looking forward to your final report, and we want to thank you for all the time. Mr. Reyes: It was our pleasure. It was our pleasure. May I ask the other committee members to stand up, please -- Chair Gort: Sure. Mr. Reyes: -- ifI may? Ms. King, and the Chief and Ms. O'Donnell, because they really -- it really was all about them, to be honest with you. Chair Gort: Thank you very much. We appreciate. Mr. Reyes: Thank you. Applause. Mr. Reyes: Thank you. Chair Gort: Good work. Thank you. And whenever there's an opening for judge, we can talk to Commissioner Sarnoff. Mr. Reyes: Yeah. Commissioner Suarez: He was already a judge. Commissioner Sarnoff He was my -- Mr. Reyes: I think he'd make a good judge. He was a -- Commissioner Suarez: He's well past that. Mr. Reyes: -- judicial aide that day. He was very good. Thank you. Thank you all very much. Chair Gort: Thank you. DI.4 DISCUSSION ITEM 14-00904 Department of Planning and Zoning DISCUSSION REGARDING THE ESTABLISHMENT LOCATED AT 1915 NW MIAMI COURT. City of Miami Page 85 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 14-00904 Summary Form.pdf 14-00904 Back -Up - Meeting Minutes.pdf 14-00904-Submittal-Cecilia Stewart.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to bring back and place this item on the next City Commission meeting of October 9, 2014. Chair Gort: Commissioner Sarnoff, I recognize you for -- Commissioner Sarnoff Thank you, Mr. Chair. We had brought back, if you all will recall, what -- we have it on our agenda as DI.4. It happens to be a discussion item of a club that we had located at 1915 Northwest Miami Court. If you all remember, I think the name of this club is called llouse,'ffI recall. And what we did was, I asked them to come back, I think, after one year to see how they were functioning in the neighborhood, and they had came -- come in for a 5 o'clock exception, and I think what we did was we put it to a 4 o'clock hard close, Mr. Chair. And this is really the discussion item to determine whether they should proceed forward or they, I think, go back to a 3 o'clock scenario. Victoria Mendez (City Attorney): If -- I believe that what we're doing today is just talking about it, having people from the community -- I think they were supposed to come talk about it, and then, if we're going to do something, we need to set that for a proper -- Commissioner Sarnoff Hearing? Ms. Mendez: -- hearing. Commissioner Sarnoff Okay. So, Mr. Chair, I know there is some folks. I know Cecilia's here, and maybe we should just hear how it is and what is going on in the neighborhood. Chair Gort: Thank you. I understand we have some people in the public. Will you -- Todd B. Hannon (City Clerk): Yes, sir. Cecilia Stewart. Cecilia Stewart: Good morning, Mr. Chair and members of the Commission Board. Cecilia Stewart, 1899 Northwest 1st Court. I had spoken to you in the past about the House nightclub located at 1915 Northwest Miami Court. I'm here to inform you that they are not good neighbors. The club continues not to enforce the covenant that they originally agreed to. Instead of closing by 5 a.m., patrons are observed leaving after 5:25 a.m. This club is having a negative impact on our neighborhood; namely, loud noise, lewd and indecent exposure, and creating a crime wave. Today I'm requesting that you, as our Commissioners, assist our City Manager to ensure that the Code Compliance Department diligently enforces the rules, regulation, and laws that are currently in the Municipal Code. I'm asking for both the inspectors and the police officers to enforce Section 36-5 of the City's noise ordinance. However, the ongoing disregard and lawlessness of the current noise ordinance must be abated. I understand that there are benefits in relation to the nightclub not only for the owners and entrepreneurs in their own right, but also for those who are employed so that it benefits the City as well that they remain open. This is not an effort to take away from the nightclub. This is an effort to sympathize also towards those who reside in this area, and with that in mind, we believe that a fair alternative can be presented in one of two possibilities. The first is that the nightclub close at an earlier time, namely, 3 a.m., and remove the outside music from the patio so that it does not interfere with the residents of the community. The other alternative may be that they close at 5 a.m., remove the music from the patio, but sound -proof the building. If it is not already sound -proof take greater precautions as to sound proofing so that the residents can have the level of comfort that all citizens, all human beings in the United States are entitled to rest. We want equitable treatment. Thank you for this opportunity and your time. City of Miami Page 86 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Bettye Stillman. Bettye Stillman: Good morning. My name is Bettye Stillman, and I live at 1710 Northwest 1st Avenue, and I'm in the same neighborhood as Ms. Stewart lives in, and I'm here to truly support that -- the complaint, and I think she laid it out pretty well, the disturbance that we are getting in our neighborhood, the establishment that's located at 1915 Northwest Miami Court. And I stand here to support her, and we thank you for taking attention to this important item. Chair Gort: Thank you, ma'am. Ms. Stillman: Thank you. Chair Gort: Thank you. Mr. Hannon: Reverend Lincoln. Shoshana Lincoln: Reverend Lincoln, from People Helping People, living in Overtown, 210 Northwest 16th Street. I'm addressing Sarnoff. This is your territory, and I notice you're doing a pretty good job in your territory, but now that you have a redistrict area, this address become yours. And I appeal to you, make sure you take care of this situation, because it is hurting the growth of our young children in that territory. It's a dangerous territory, and the people that live there do complain. I ask, again, that you may have some integrity for this district that belong to you. Chair Gort: Thank you, ma'am. Anyone else? Mr. Hannon: Pieter Ehrlich. Pieter Ehrlich: Good morning, Commissioners -- Chair Gort: Good morning. Mr. Ehrlich: -- Mr. Chair. Pieter Ehrlich. My address is 770 Northeast 69th Street, and I work in Lemon City. And I've attended several community meetings on this topic, so I'm here to support Cecilia Stewart and her neighbors with their effort to have some Code compliance or a change that will make the club and its operation more palatable with their residents just a block away, block and a half away. So we hope, perhaps, the 3 a.m. last call for liquor would be a good idea, but certainly, the club should remove its speakers from their outdoor terrace. Thank you very much. Chair Gort: Thank you, sir. Anyone else? Seeing none, hearing none, public hearing's closed. You're recognized, Commissioner Sarnoff. Commissioner Sarnoff So -- by the way, we made them come back -- first off -- and I'm going to ask the City Attorney -- my recollection is they had a hard close 4 o'clock. Ms. Mendez: Four o'clock or 5 o'clock? Commissioner Sarnoff Hard close 4 o'clock. Ms. Mendez: Okay. I need to -- City of Miami Page 87 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Sarnoff I guess I'll go to the Planning Department and ask them. Ms. Mendez: -- double check that. Francisco Garcia: Yes, sir. For the record, Francisco Garcia, Planning & Zoning director. You are correct, Commissioner. There were actually two conditions attached to the exception issued for the subject property, for the club called House. I'll read them into the record. One was that appropriate parking be provided by virtue of providing a parking lease and valet parking agreement. We are in a position to tell you that that has been complied with. The other condition, as you correctly state, is that they cease selling alcohol at 4 a.m. and hard close, meaning, doors closed, at 5 a.m. Ms. Mendez: So it's dif -- it's half and half. Commissioner Sarnoff No. Hard close at 5 a.m. In other words, 4 o'clock cease selling; 5 o'clock hard close. Ms. Mendez: Correct. Mr. Garcia: Correct. Commissioner Sarnoff So if somebody's seen exiting that building at 5:25, they have violated -- Mr. Garcia: They certainly have. Commissioner Sarnoff -- their condition. Mr. Garcia: The condition of the exception, yes, sir. Commissioner Sarnoff Okay. I mean, this is -- Ms. Stewart, I want you to know, this is not hard for me. You know, I took a tour of that place. They invested what appears to be millions of dollars. And if I put millions of dollars in a club and knew that a Commissioner had conditions on it, I would have made sure that those conditions were fulfilled, and they obviously have not done that. I have very little faith, very little faith, very little faith, very little faith in our ability to Code enforce. So I'm left with a department that I don't know is ever going to give you satisfaction, and I feel like Mick Jagger, f know I ain't got no satisfaction. "So with having said that, I want to say within legally what I can do -- and I happen to like Ms. Stewart's two recommendations. If you come to this Commission because you're seeking something that is exceptional, and there are conditions placed upon it, and you choose voluntarily not to abide by those conditions, then you have, in my estimation, determined that you don't care for this Commission to give you that right. So, Madam City Attorney, if you think I can do it now, I would make a motion. If you think I need to bring it back to the next Commission -- Ms. Mendez: No. Commissioner Sarnoff Let me finish before you jump all over me. Ms. Mendez: Sorry. Commissioner Sarnoff You're in a jumpy mood today. Ms. Mendez: Sorry. Commissioner Sarnoff You had a bad weekend, obviously. City of Miami Page 88 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Mendez: Sorry. Commissioner Sarnoff Just a little advice: Let it come to you; don't take it on. If you're telling me I can make a motion now, I will. If you tell me I can't, I won't. However, I want to be very clear. It is my intention, fully, clearly, accurately, to give them only what their rights afford them under the law and not something this Commission affords them; because ifI was going to invest that kind of money in a club, I would have put somebody outside to do a number of things. One, clean up the pollution out there just so I was a good neighbor; two -- you all have never dealt with noise, I suspect, because your districts don't have the same noise issues that mine do. I could tell you exactly when a cold front -- Chair Gort: Mine's a little different. It's the train going by at 3 o'clock in the morning. Commissioner Sarnoff Yeah, you're right. You're right. Chair Gort: It's a little different one. Commissioner Sarnoff But noise, nonetheless, right? Chair Gort: Yeah. Commissioner Sarnoff Mine is -- Chair Gort: It wakes you up. Commissioner Sarnoff -- mine's a more voluntary thing, and I can tell you when the first noise -- cold front will go through in the City of Miami, because I will get noise complaints from all various places. You cannot have an outside place where you're consuming alcohol with speakers. It just doesn't work. It may work a couple of summer months in Miami, because of the humidity. It will not work once the weather cools, and you're already explaining and the weather has not cooled, and it will only get worse. So I've had people open up in the Grove, and the first thing I see are these big speakers, and I said, `I'm just warning you now; it's not going to work." So now I'll come to you. I want to do legally appropriate. I want to do it the way you think I should. I don't know want to force Ms. Stewart to have to come to another Commission meeting and put her great dress on again, with that fine hat, come to us and make us -- and sit here. Ms. Mendez: Right. Unfortunately, Chairman -- I mean, Commissioner, the issue is that we need to afford due process. Commissioner Sarnoff Okay. Ms. Mendez: We're going to revoke certain times. What would have to happen is the -- it goes to Planning & Zoning Advisory Board to revoke certain conditions, or maybe revoke the special exception, or attempt to change a special exception, so that's what we would have to see would have to be done, and we can Code enforce. So those are the two things that can happen. Commissioner Sarnoff All right. I thought once a Commission puts a condition on something and that -- there is evidence that that condition has not been fulfilled -- Chair Gort: Come back. Commissioner Sarnoff -- I thought -- and I don't -- and if Ms. Stewart has to come and subject herself to cross-examination, I do apologize; this is America, and they're going to get their Constitutional rights and they'll probably have some -- in the words of Commissioner Carollo, some big expensive lawyers come here and ask you some questions, and that may be something City of Miami Page 89 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 you're going to have to do at the next Commission meeting? Ms. Mendez: Well, what we would do is it would go to Planning & Zoning to either pull their special exception or pull their certificate of use. That's what would have to happen. Or talk to them to make sure that they modifir it and maybe change it to certain hours, depending on what's the will of the PZAB (Planning, Zoning & Appeals Board). It could probably -- possibly come to you for an appeal, though, and that's when you would see it. The other thing we could do in tandem, which we did with Grass and we did with a lot of other establishments, Space, and what have you, is also take them to Code Enforcement for noise violations, and then after that, enjoin them. So it depends how much of a good neighbor they're willing to be from this point forward. Commissioner Sarnoff Well, I'm still a little lost, because I feel like this Commission didn't blanketly [sic] say you could do this. This Commission said you could do this if you do this. Chair Gort: Comply with the rules. Commissioner Sarnoff Right. So I -- Ms. Mendez: We will -- I will research in the minutes and see exactly what we said. If we said that there would be a direct appeal or something to the City Commission, then I'll review that. But I'm just going by right now what we have -- the provisions we have in the Code. Commissioner Sarnoff I'm -- my instinct is to pass a resolution. However, I don't want -- Mr. Chair, I don't want to pass a resolution to go to another board of the City of Miami and them not follow our resolution, because that would show a lack of power, and I don't want to do that. I just feel like, as a lawyer, instinctively -- and I'll -- I'm going to bow to you. But I feel like, as a lawyer instinctively, if I put a condition subsequent on a condition -- that's like a double condition, I get it -- on ability to operate and that condition subsequent is not fulfilled, then -- and I understand the fact you may have to bring them back here, 'cause to me, this is the political body that should be hearing this. And if they want to say Ms. Stewart was out there perousing [sic] with them and she had this wild pink suit on and doing all these kind of crazy things, we'll hear that testimony, you know. Ms. Mendez: It's the different options, depending on -- Commissioner Sarnoff (UNINTELLIGIBLE) Ms. Stewart, just so you know. Ms. Mendez: -- where we go, it's either a revocation, which would have to go to PZAB. It's either an injunction -- Commissioner Sarnoff Okay. Ms. Mendez: It's either -- so let's evaluate the few different possibilities Commissioner Sarnoff So -- Ms. Mendez: -- but it's either PZAB with a revocation. It's either an injunction in court. It's Code Enforcement and then an injunction, or possibly, depending on what was said at the City Commission with the special exception, it could come directly to you, but I would have to review the minutes at this time. Commissioner Sarnoff All right. So being that I want to learn from everything I do up here, if I ever do this in the future, if I put language together that said, Th the event you fail to fulfill this condition, you then have to come back to this Commission, 'that would have -- City of Miami Page90 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Mendez: That would possibly resolve the issue, but I will definitely give you that answer after I review the minutes and what we actually told them. Chair Gort: My understanding always been that if you put certain conditions and the persons do not comply with those conditions, automatically it can be removed or revoked. That was my understanding. Ms. Mendez: Correct. Chair Gort: I don't know how that was draft in the past, but -- Ms. Mendez: We were -- we're going to require a hearing, whether it goes to Planning & Zoning or comes directly here. If you would like to table this for -- until after lunch, I'll be able to review the minutes and tell you exactly the process. Commissioner Sarnoff And just so -- Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff Cecilia and Ms. -- I wrote down your -- Stillman and -- I don't have the lady -- Ms. Stewart: (UNINTELLIGIBLE) I'm sorry. This is -- (UNINTELLIGIBLE) support. Commissioner Sarnoff Okay. I just -- I don't think you need to stay today, because I know the City Attorney's going to give these folks another public hearing, whether it's here, whether it's at PZAB Board, or whatever board she determines it's going to happen. You're going to have to get up and make your case one more time. But I don't want you to have to stay here all day. But I'm -- it's more than a curiosity from my standpoint, Ms. Stewart -- I'm addressing Ms. Stewart for all of you -- that when this Commission puts a condition on something and that condition is not fulfilled, it should come back to the political body that put the condition on it. Chair Gort: Okay. At the same time, Code Enforcement can enforce. Police can enforce the noise ordinance. Ms. Mendez: Yes. Chair Gort: I mean, the Police can go there and tell them, "shut down, cut it off. " Ms. Mendez: Yes, which we've done in the past, as well. Commissioner Sarnoff And Commissioner Gort. I'm sorry. Chair Gort: Yes. Commissioner Sarnoff Mr. Chair, if you look at her litany of times, you'll see responses by police officers that say, there's nothing I can do." Ms. Stewart: That was the point I was going to make. Thank you. Commissioner Sarnoff I read your mind. Chair Gort: Thank you, ma'am. Ms. Stewart: Thank you, sir. City of Miami Page91 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Now, my understanding is a police officer can go -- and correct me ifI'm wrong -- and tell the people You have to cut the music 'br You have to lower it down. "If they don't do it -- I mean, I've done it myself many times. Commissioner Sarnoff I think, Mr. Chair, depending on your police officer, I could tell you there is a club down -- there is a club on Miami Avenue that has had their speakers confiscated, and that is a way -- Chair Gort: Yeah. Commissioner Sarnoff -- of stopping all music. Chair Gort: That's it. Okay, thank you. We'll table this. Come back in -- Yes, Francisco. Mr. Garcia: IfI may very briefly. I've -- both the City Manager and myself have met with Ms. Stewart in the past and we certainly -- and then other neighbors as well. Ms. Stillman was there as well when we met. And they're nothing if not reasonable, and their requests before you today have been to -- for us to intervene proactively to attempt to bring them into compliance. I am heart -- certainly happy to reach out to the business owners; advise them that there has been evidence presented to the City Commission that they are not presently in compliance either with the conditions as set forth by the Commission or with the noise ordinance, which are the two complaints that I heard about, and I'll certainly gladly work with the Code Compliance Department on this. And that will be a great incentive for them to do everything they can to come into compliance, not by the time of the next City Commission meeting, but beginning today, which is -- I know what they're seeking as well. So we'll get to work on that also. Chair Gort: Okay, thank you. Yes, ma'am. Ms. Stewart: Thank you, Mr. Chair. But in the interim, we are suffering with the noise; that's the whole idea. It's three months now, and it's not like they do not know. I have spoken with the owner. If you -- like Commissioner Sarnoff said, I have systematically laid everything out for you and put line by line my contacts and everything that I've made with the club. We don't have any relief. Please. That's what we're seeking. Chair Gort: Well, by you being here and we Commissioners talking to the Administration, we're going to make sure that they do something. Ms. Stewart: Thank you. Chair Gort: Yes, sir, you're recognized. Commissioner Sarnoff Ms. Stewart, leave one of these with the Clerk. Ms. Stewart: I did. Commissioner Sarnoff Take the rest back from us, because you may have to go in front a board again. Ms. Stewart: Thank you, sir. Commissioner Sarnoff And you don't have to incur additional photocopies, and my office is always open to you if you need to. Chair Gort: Thank you. Yes, Mr. Manager. City of Miami Page92 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Daniel J. Alfonso (City Manager): Mr. Chairman and Commissioners, I just want to note that I did meet with Ms. Stewart maybe about a month ago, and we did send Code Compliance out there. The club owners have been informed, and they have been given warnings about their noise, and they've been asked to reduce the noise, et cetera. So if they're not in compliance -- Chair Gort: Okay. Ms. Mendez: Does the Clerk have a copy? Chair Gort: Yes. Mr. Hannon: Yes, ma'am. Ms. Mendez: Okay, so I'll get a copy from you. Okay. Chair Gort: Okay, thank you. Thank you. Ms. Stewart: Yes. Thank you. Later... Chair Gort: Okay, discussion items. The hiring of police, we had that discussion already this morning. Number two. DI.2. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, Director of Capital Improvements & Transportation. Mr. Hannon: Excuse me, Chair. My apologies. Mr. Alfonso: We had set that for -- Mr. Hannon: DI.2 is time certain for after 5 p.m. Mr. Alfonso: Correct. Chair Gort: Okay. DI.2 is for 5 p.m. then. Commissioner Carollo: After 5 p.m. Chair Gort: Is that what we're saying? Mr. Hannon: Yes, sir. You can move on to DI.5. Chair Gort: Okay. I'm sorry. I apologize, who's here. DL 3, we already took care of it. DI.4. Mr. Spanioli: DI.4 or DL 5? Mr. Alfonso: DI.4 we had this morning, Commissioner. Chair Gort: Right. Okay. Mr. Hannon: Wait. Chair Gort: DI. 5. City of Miami Page93 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: Excuse me, Chair. Chair Gort: Yes. Mr. Hannon: Did someone just mention DI.4? Chair Gort: Yeah. We -- Mr. Hannon: It was tabled from this morning. Chair Gort: Right. Mr. Hannon: Yes. Chair Gort: It was tabled from this morning. Did we come up with any answers? Ms. Mendez: The -- this item -- basically, with regard to the zoning issues and the revocation. The cleaner way would probably be to go back to PZAB (Planning, Zoning & Appeals Board), but if this board would like to hear it, it can also be done because of how the language was; that you said it would come back to City Commission. You were very specific in the minutes. So it can come to -- back to City Commission if you wish. It's -- but we cannot have a revocation today. It would have to be a public hearing. Commissioner Sarnoff No, I get it. Would you all be comfortable with the next Commission meeting or would you like to go to the next PZA -- next PZ (Planning & Zoning) meeting? I don't want to -- you know, these people said something that I think we have to take more heart in, and that is, you know, `I can't sleep," or "this is continuing." So if it was up to me, I'd bring it back at the next Commission meeting. Chair Gort: Yeah. Ms. Mendez: That is fine. Chair Gort: Make a motion. Ms. Mendez: We can do it -- Commissioner Sarnoff So -- directive enough? Ms. Mendez: Yes. Commissioner Sarnoff Bring this back at the next Commission meeting. Ms. Mendez: Yes. And we'll make sure we notice the attorney, which I believe is Mr. Fernandez, so we'll notice him. Commissioner Sarnoff I'm also going to ask you to notice the folks that were sitting there. Ms. Mendez: Yes. I should -- Commissioner Sarnoff I'm going to ask that your office do -- Ms. Mendez: -- have their contact information. If not, I'll reach out. I know one of you have it. City of Miami Page94 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 DI.5 14-00924 Department of Capital Improvement Programs/Transportat ion (DI.5) 14-00924a District 2- Commissioner Marc David Sarnoff Commissioner Sarnoff. Okay, thanks. Ms. Mendez: Thank you. Chair Gort: Motion. Commissioner Sarnoff. I don't think it needs a motion. I think she -- Chair Gort: You need a motion? Commissioner Sarnoff. -- asked for a directive. Ms. Mendez: Just a directive to place it on the next agenda, October 9. Chair Gort: Okay, thank you. DISCUSSION ITEM UPDATE ON MIAMI STREETCAR PROJECT. 14-00924 Summary Form.pdf 14-00924-Presentation-Miami Streetcar Efficient Transportation.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT FOR A STREETCAR SYSTEM CONNECTING DOWNTOWN MIAMI WITH THE DENSE URBAN NEIGHBORHOODS IMMEDIATELY TO THE NORTH OF DOWNTOWN, AND URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION TO SEEK THE FUNDING FOR THE IMPLEMENTATION OF SUCH A PROJECT, BY APPROVING A SPECIAL AMENDMENT FOR THE LONG RANGE TRANSPORTATION PLAN AND TRANSPORTATION IMPROVEMENT PROGRAM, TO ADVANCE THE CITY OF MIAMI STREETCAR PROJECT FROM A PRIORITY FOUR (4) TO A PRIORITY ONE (1), AND DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 14-00924a-Presentation-Miami Streetcar Efficient Transportation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0388 Chair Gort: DI. 5, finally. Mark Spanioli (Director, Capital Improvements & Transportation): Yes. City of Miami Page 95 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: You've been waiting. Mr. Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. DI.5 is a discussion of the streetcar, and we have a short presentation that Carlos Cruz-Casas from our office is going to provide. Carlos Cruz-Casas (Assistant Transportation Coordinator/Capital Improvements & Transportation): Well, good afternoon. Thank you very much for the opportunity to be here. Almost every day I get asked what the City of Miami is doing to address the imminent congestion in this community due to the growth, and my answer always is smart planning for a future transportation. That's what you're going to be seeing here in terms of the streetcar for Miami. A quick overview where we are: Back in 2005, a feasibility study was completed for the streetcar. It was not until 2006 where the MPO (Metropolitan Planning Organization) prioritized these projects as priority one. And due to some funding restrictions and the downturn in the economy, the project was put on hold. You'll see here in the map, this is the locally preferred alternative back in 2006. FDOT (Florida Department of Transportation) permitted to have up to 50 percent of the capital money to put down, and it was focused only on connectivity between downtown Miami and Midtown. That was the focus of the original plan. That was in 2006. The Miami streetcar was deemed appropriate with only the projections that we had. Eight years later, we are here. The projections are a fact. We have grown and the growth is a fact. In little over a decade, we've grown 89 percent in the downtown Miami area, compared only to 15 percent the County and 13 percent the City. Not only that, but in the next two years, we're going to be reaching from 74,000 residents in downtown Miami are going to be up to 85. That's more than double that we have in the early 2000s, and it's important to know that no additional capacity has been added to our roadways. The growth doesn't stop there. We have, as you can see, many cranes, many development coming up in the area. In the downtown Miami only, we see -- we're going to be expecting more -- 20,000 more residential units and 10 million square feet of retail. Of those 20,000, 10,000 units is going to be within a quarter mile from the preferred alternative back in the streetcar, so we're talking about densification [sic] along eight corridors already in place. Our -- People that we have in the area is not only the residents; we have a lot of visitors during the day and a lot of employment. We only have 74,000 residents, but more than 220 people walking our streets during the day, and we need mobility in order to avoid the congestion. Here -- what we're doing, we're definitely moving forward. We're becoming a world -class city. We're becoming a multimodal area. We already have a Metrorail extension from the airport to downtown Miami. We have planned an inter -city, inter -regional rail connecting to Orlando, another inter -city connecting from West Palm Beach down to downtown Miami. What -- we're missing a portion in here. We're missing the connection to a median north, which is the downtown to Midtown to Wynwood, Historic Overtown, Edgewater, Design District; all this development we need to start connecting in a better way. We're moving forward multimodal. We have freedom mobility right now with car- and bicycle -sharing programs starting soon. So we need to continue to work towards what's next. What's next? We need to start connecting the dots. You will see in this area the -- in orange is the previous local alignment for the streetcar, and I'm just going to remove the areas here. And in blue is the one that we're looking to -- basically, we're looking into potentially have a circulator that will connect also to the Wynwood area, to the Historic Overtown area, and provide that needed transportation for our residents, which are looking for a more active and walkable experience. It's important to connect to the other transit modes that we have, so we talking about Metro bus, Metrorail Metro Mover, Miami trolley, and all the modes that we have out there in trying to start looking into reducing the dependency on automobile. It is important to note that the Miami streetcar is not going to be express route. It's more of an assembly of short trips within the area. That's what become an urban and multimodal area. Some operational details that we have come up with -- this is a very preliminary. We're talking about in the attitude of $200 million for the construction of the Miami streetcar. DOT (Department of Transportation) has -- through their New Starts Program, they can find up to 50 percent of that cost. They want to look for other alternatives for deployment of this program, which might include a P-3 component of some sort of other creative financing. City of Miami Page96 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 That's what we're doing in the nation. Seattle just have a good development of the same model. It's a seven -mile circulator. We're talking about 8 to 12 vehicles during the peak hours just to maintain a high frequency service. This is going to be something that's going to be between five - to ten-minute service just to make sure that we continue to provide the walkable and urban vibe. We expect more than 14,000 riders a day. And it can be an exclusive right-of-way or mixed traffic. There is a lot of technology out there. I know before we talk about having the overhead wire and how that will be impacting the development of this system. Technology has reached that we can have a hybrid to be off wire and get another source of electricity. Now, why streetcar? This is a quote that I found in here, and before we go there, it said: The streetcar tends to be the active, high -quality transit service that provides circulation to all corridors. It connects to and enhances access to existing transit network and link our neighborhood with commercial and other employment center. Recently, the Secretary of Transportation for the nation said that a streetcar will -- it's a new mobility choice that will increase significantly the economic impact by connecting the booming areas in downtown to underserve areas, and that's what we're talking about, urban circulator. Some other benefits of having a streetcar is an easy access for all users. We're talking about low platform, level boarding that somebody in the wheelchair with cane, crutches will board the same way somebody walking or with a bicycle, with a stroller or even a shopping cart. It's efficient. It has off -board fare collection. It's electrical and zero emission vehicles that promotes air quality. It's quiet operations, special needs; that it's just easy. It's considered to be an extension of the walkable network. Your support and the support for this project will improve the ability of Miami to develop as a truly multimodal urban center, and this is what our residents are looking to. This -- our growth supports this development. The project was deemed the best option back in 2006 when those projections were just projections. Those projections are a fact right now. It is more appropriate to have it right now. So what we need to do is take it from the LRTP (Long Range Transportation Plan), which is right now it is a priority four, and we need to start urging DOT and the MPO to find funding for this project. Commissioner Sarnoff Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff As we all know, our very capable Commissioner to my far right -- those politics may not be to my far right -- is Commissioner Suarez, and he sits on our MPO. I'd like to give him another quiver in his bow, and that would be as follows: A resolution of the City of Miami Commission expressing support for a streetcar system connecting downtown Miami to the dense urban neighborhoods immediately north of downtown and urging the Florida Department of Transportation and the Miami -Dade Metropolitan Planning Organization to seek the funding for the implementation of such a project by approving a special amendment; which Francis knows this as the LRTP, but it's a long-range transportation plan and transportation improvement program, which is the TIP; to advance the City of Miami streetcar project from a priority four to a priority one; and directing the City Clerk to transmit a copy of this resolution to the elected officials and government officials as expressed in the more voluminous document. Commissioner Suarez: Second for discussion. Chair Gort: Okay, there's a motion; there's a second. Discussion. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Aside from destroyed swales and cut -through traffic in our neighborhoods, there is probably no more prevalent and consistent complaint that I get as a Commissioner as the lack of mass transit that the City has. We have kind of a hodgepodge system right now, and this is an effort to unite, or un, or connect a corridor that, as was said and articulated is a corridor that is booming and that is growing almost exponentially in terms of residents along that corridor. I know that -- you know, Miami Beach City of Miami Page97 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 has been trying for a while to connect itself to the mainland through Bay Link, but I think this can be looked at as a phase to that connection and as a first phase, because I think we're ready to go. We've done a lot of the preplanning. We've done a lot of the studying. Our infrastructure is ready. And you know, we're in a good financial position to look at it. Having said that, I very much appreciate Commissioner Sarnoffs faith in me and then this board's faith in me in putting me on the MPO, because the way I look at it is it's not about -- so much about our generation as it is about our children and our grandchildren, and what are they going to inherit from us? Are they going to inherit a city that is so congested that you literally are going to sit in your car for hours and hours every day trying to get to and from work? Is society and technology going to invent other ways for us not to have to use cars at all, and we basically work from home and everything is virtual in nature, which is essentially what's been happing a lot of nowadays, particularly in cities like ours that have a tendency to have difficulties doing underground mass transit for reasons that we all know. But I think it would be a dereliction of our duty as Commissioners to do nothing. And I think sitting back and saying, Well, it's tomorrow's problem," or It cost too much money,'br The water table makes it prohibitively expensive,'br whatever the excuses are, because we've all heard them and we've all heard them continuously. I think it's time for us to become a great city. We have to really think big, and we can't be stopped by those who don't think big, and I think, unfortunately, we're continually confronted with people that tell us why and how we can't do certain things, rather than This is the way to do it. "And I commend our staff for the presentation that they put together and for thinking big. And I commend you, Commissioner, because even though this is something that does connect your district on a north/south parallel, I think it's something that is drastically needed in the City of Miami and would really benefit all residents of the City of Miami. I think our trolley system has shown that if you invest in transit, in transit that is thoughtful, in transit that is inexpensive, then people would utilize it far beyond your projected estimated usage, and that's what it takes to become a great city. I mean, we're on the cusp. We have -- we are the place to be. Everyone wants to be here. Everyone wants to invest here. But we have to do our part. And so thank you for that confidence that you have in me, and I will take that same passion to the MPO Board, which is a very large board and hope that my ability to articulate the argument is persuasive. Thank you. Chair Gort: I'm sure you'll be able to articulate the argument. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I'm glad that this is being brought before us, and I think it's an issue that we've all brought up at one point or another. What I don't like about this plan is that it wasn't in our backup, and we just received it right now. And that, you know, there are things that I would like to see added. For instance, I see that the route that it takes -- and I'm not disagreeing with the route and I'm not a transit engineer. However, I don't see it, one way or another, connecting to other parts of the City that I think should also be able to have great mass transit and come to the areas like downtown Miami. I don't see it connecting to Little Havana. I don't see it connecting to Flagami. I don't see it connecting to Allapattah. So I just wish that -- and by the way, I agree with going before the MPO or having our person assigned from the City go before the MPO, because as we all know, there are various interests that, you know, are in a tug-of-war from the west end of the County to the eastern end. And I obviously know from going to various meetings that transit is a big issue, especially in downtown Miami. However, I would have liked that there would have been more input from all members of the Commission before a discussion item that we're now voting on a resolution. Now, with that said, that doesn't mean that I object that we send a representative from the MPO with the goal of convincing the other board members of the MPO that it should be from a -- what you call it, a four to a one in priority? But at the same time, I want to make sure that it's done properly and it's done in a way where we all definitely get behind it and we -- not just downtown Miami, but the City as a whole make sure that they have access to this -- City of Miami Page98 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Unidentified Speaker: Agreed. Commissioner Carollo: -- you know, mass transportation. Chair Gort: Thank you. Let me tell you. Right now we're seeing it in the trolley system that we have put together. Originally, it was just going to be just Biscayne Boulevard and downtown Miami. Now we seeing it move -- because we always had the move in north/south. Now we beginning to see the move in east/west. Commissioner Carollo: Exactly. Chair Gort: And that is taking place. I think the trolley system that has been put together is a system that was not established by the Metro bus and it was not used by the public. So I think those same type of connections -- right now we can connect all the way -- Allapattah all the way from the west to over here to Coral Gables, downtown Miami, Little Havana, to that whole area. So I think this will be the first step to take place. If this is approved, then we have to look at the -- all the other options, because we have to have the linkage. If we don't link the neighborhoods with the transportation, it would not be that successful. Commissioner Suarez: I -- Commissioner Sarnoff Well -- Chair Gort: Okay. Commissioner Sarnoff -- this would be linked to All Board Florida or to the Metro Station, as well. Commissioner Suarez: Yes. And I would say that -- you know, I agree with what the Commissioner's saying. I have a very east/west district. In fact, my district goes 17th to 72nd. It's the most east/west of the whole City. But what I've realized as an MPO board member is you have to dislodge yourself a little bit of that parochial thinking, because if you do, then nothing will get done. And so I feel like we have to do things a little bit in bite sizes, and then once we get it done, then we can say, Okay, this is a model that's working, and let's now take it a little more east/west,'br whatever the case may be. So -- and then, of course, there is always the temptation that since we've done a lot of planning and studying of this route, you know, to take advantage of the fact that FDOT might hopefully fund 50 percent of it and we can get the MPO on board is a great opportunity for us to seize and -- There's no excuse for the Commissioner not getting his information anyways beforehand. That really shouldn't happen on any agenda item. I mean, that's -- you know, that really shouldn't happen. So I didn't -- just so you know, I didn't get any more information than what you have here. What you got, I did not get either. I just listened to the resolution as he articulated it, and I found myself supporting it. So -- but he's right. You know, we should get stuff as quickly as possible to everyone so we can make educated decisions. Thank you. Chair Gort: Is any further discussion? Being none, all in favor, state it saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Cruz-Casas: Thank you. END OF DISCUSSION ITEMS City of Miami Page99 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 PART B: PLANNING AND ZONING ITEMS Chair Gort: I think we left in RE.9. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I have a time certain of 3 o'clock for FR.2, which is in conjunction with PZ.5, if we could hear that. Chair Gort: Okay. Commissioner Suarez: Thank you. Chair Gort: We'll hear RE.9. Which one is it? RE (Resolution) -- Commissioner Suarez: It's FR (First Reading) -- I'm sorry. PZ.5 with FR.2. Chair Gort: Okay, FR.2 and PZ.5. Commissioner Suarez: Thank you, Mr. Chairman. So -- Chair Gort: Mr. Clerk, you have to swear in people for the PZ (Planning & Zoning) items. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll be speaking on today's Planning & Zoning items, if I could have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. Barnaby Min (Deputy City Attorney): Mr. -- may I also read the procedures for PZ? Chair Gort: Yes. Mr. Min: We will now begin the Planning & Zoning items. PZ items shall be considered according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by the City staff and City Attorney on items on today's agenda. The members of the City Commission shall disclose any ex parte communication to remove the presumption of prejudice, pursuant to Florida State Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application request to the City Commission, if the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the item. They may also waive the right to an evidentiary hearing. The order of presentation shall be described -- shall be as described in the City Code of Miami 21. 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 of Miami 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 City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the City of Miami Page 100 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Thank you. Later... Chair Gort: Okay, 4 o'clock. Francisco. Commissioner Suarez: Mr. Planning Director, do you have any issue with me requesting a deferral ofPZ.10, which is in my district, 2970 Southwest 4th Street? It's a variance appeal. Francisco Garcia (Director, Planning & Zoning): No, not at all, sir. As a matter of fact, when the time was appropriate, I wanted to bring two items to your attention. One is the fact that this one, the one you've mentioned, PZ 10 -- Commissioner Suarez: Right. Mr. Garcia: -- is a variance appeal, and we had received -- I believe you have received as well -- a letter from the applicant asking for a continuance. Commissioner Suarez: Yes. Mr. Garcia: We have no objection. We were just not able to ascertain that the applicant had actually written that. Commissioner Suarez: Right. Mr. Garcia: If you know differently, then, yes, by all means. Commissioner Suarez: Okay. So when would that be deferred to? Mr. Garcia: The next available, sir. Commissioner Suarez: That's fine. Vice Chair Hardemon: Is there a motion? Mr. Hannon: Commissioners, my apologies. So the -- we're talking about October 9? Commissioner Suarez: That's fine with me. Is that okay with you, Mr. Planning Director? Mr. Garcia: It is. Commissioner Suarez: Yeah. Yes, sir. I move -- I mean, is there any other ones that you want to defer? Mr. Garcia: Yes, sir. Actually, item PZ.4, and this one, we would like to have continued to November 20. Commissioner Suarez: Okay, I will move the continuances and deferrals as articulated by the Planning director. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded they be continued. Is there any City of Miami Page 101 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Motion approved. And for the record, Mr. City Clerk, the -- PZ.11 is being deferred to when? Mr. Hannon: I'm sorry, Chair. It's actually -- PZ.10 is being deferred to October 9, and PZ.4 is being deferred to November 20. Mr. Garcia: Correct. Vice Chair Hardemon: Thank you so very much. Later... Mr. Hannon: Good afternoon, ladies and gentlemen. Again, my name is Todd Hannon. I'm the City Clerk. I know we have some people in the lobby who are listening to me right now, as well as, you know, right next to me. Again, ifI could -- if you're looking at speaking on today's Planning & Zoning items, ifI can have you -- the ones who are in the chamber, ifI can have you stand and raise your right hand. Those who are already standing, ifI can have you raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Thank you, everybody. Chair Gort: Thank you. Later... Vice Chair Hardemon: May we have decorum, please? Commissioner Suarez: Mr. Chair, if may real quick before --? IfI may? Vice Chair Hardemon: You're recognized. Commissioner Suarez: Thank you. I just -- in the break, I was approached by some members of staff about there are other P&Z (Planning & Zoning) items on the agenda, and people that have been waiting for many, many hours, and I just want to make sure that they are not waiting in vain, because I personally will be here as late as I have to be here to resolve any items that pertain to my district. So I don't know; I just want to make sure that I have that commitment from other members of the Commission. If that's not the case, then we need to tell people right away, because they've been sitting here and waiting for hours. Commissioner Sarnoff I'll match that wait with a patient. Commissioner Suarez: What's that? Is it that bad? Do you think --? Commissioner Sarnoff No, 171 stick with it, too. Commissioner Suarez: Okay, please. Thank you. Vice Chair Hardemon: Okay. But I do know that there was at least one -- Commissioners, I City of Miami Page 102 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 want to bring to your attention there was one item that is from my district, item PZ.9, that expressed their -- a desire to have this continued or deferred to a date specific. You're recognized, sir. Ben Fernandez: Thank you. Commissioner Hardemon, my name is Ben Fernandez, and I'm here to speak against the appeal. I would just like to note for the record that the appeal is deficient as a matter of law. Vice Chair Hardemon: Okay, but right now, we're just discussing whether or not -- Mr. Fernandez: I understand. Vice Chair Hardemon: -- there was a continuance that wanted to be -- I received word from Administration and from others that PZ.9 wished to be deferred to a date definite, okay? Mr. Fernandez: And I would just like to speak on the deferral. I believe that the deferral is not appropriate, because I believe that the entire appeal is legally deficient; it was not timely filed. The appeal had to be filed by June 18, and it was not completely filed until much later. Section 23-6.2(e) requires that the notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Vice Chair Hardemon: Okay, and Mr. Fer -- Mr. Fernandez: That information was not in the record, Commissioner. Vice Chair Hardemon: Francisco, is that something that you all would take a look into as far as it was -- if it was done timely? So with that being said, have that -- has that been looked into? Mr. Garcia: Absolutely, sir. Vice Chair Hardemon: And what was the result? Mr. Garcia: The appeal was filed on a timely basis, and it was subsequently substantiated by virtue of submitting the specific reason. So we first received the timely appeal, and then it was further substantiated in consultation with the City Attorneys Office. That was deemed to be sufficient, at least for purposes of seeking redress before you, sir. Vice Chair Hardemon: Okay, so at least at this point, what I would like to do then is -- I'll still give you an opportunity to be heard on that issue, but you having a deferral is not going to hinder that process, whatsoever. Mr. Fernandez: Can we address it administratively in the interim with your Law Department? Vice Chair Hardemon: In the interim, you -- I'm sure you can meet with the Administration to discuss the issue; is that fair? Mr. Fernandez: It is fair, but I just want to state clearly on the record that the appeal requires that the grounds of the appeal be stated on a timely basis. That was not done in this case, so there's no ability to supplement an appeal. And Commissioner, I don't have to tell you that. Vice Chair Hardemon: No, no, no, and I complete -- Mr. Fernandez: You're an attorney and you know those rules very well, as well as I do. Vice Chair Hardemon: So there will come a time when we get to argue just that procedural -- City of Miami Page 103 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Fernandez: Yes. Vice Chair Hardemon: -- motion. Mr. Fernandez: Thank you. Vice Chair Hardemon: May I have a motion on that one, on the deferral? Commissioner Sarnoff. So move. Vice Chair Hardemon: It's been moved. Is there a second? Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded that we can defer this item to a date of --? Mr. Garcia: Is it the next date, sir? Vice Chair Hardemon: It will be the next date; then whatever the next day is --? Mr. Hannon: October 9. Commissioner Suarez: October 9. Vice Chair Hardemon: Okay, that is done. Now we can get to -- Mr. Hannon: Chair, if we could take the vote? I didn't hear -- Vice Chair Hardemon: Oh. Well, all in favor, indicate so by saying "aye." Commissioner Sarnoff. Aye. Vice Chair Hardemon: All against? Commissioner Carollo: Aye. Vice Chair Hardemon: Motion passes. PZ.1 RESOLUTION 04-00329ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHWEST MIAMI COURT FROM NORTHWEST 21 ST STREET TO NORTHWEST 22ND STREET, MIAMI, FLORI DA. 04-00329ac Fact Sheet.pdf 04-00329acAnalysis, Maps & PZAB Reso.pdf 04-00329acApplication & Supporting Docs.pdf 04-00329ac Legislation (v2).pdf 04-00329ac Exhibit.pdf City of Miami Page 10-1 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 LOCATION: Approximately Between N Miami Avenue and NW Miami Court from NW 21 st Street to NW 22nd Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Miami Town Center Holdings, LLC and Diamedix Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 3, 2014 by a vote of 6 in favor, 0 in denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 16, 2014 by a vote of 9-0. PURPOSE: This will close and vacate an unused alley to enable the property owners to secure the entire block and will unify the block to better enable future development. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-14-0384 Vice Chair Hardemon: Moving right along to PZ.5. Commissioner Sarnoff. Five? Vice Chair Hardemon: There's a PZ.5. Francisco Garcia (Director, Planning & Zoning): Item PZ.5 was already passed, sir. Vice Chair Hardemon: It was what? Mr. Garcia: It was passed earlier in the day. We are down to PZ's.1, 2 and 3. Vice Chair Hardemon: Even better; 1, 2 and 3. 171 move along to item PZ.1. Mr. Garcia: It's before you as a resolution, sir. This is for an alley closure at a property close to North Miami Avenue and Northwest 21st Street. It is unused and it is unimproved, and it's -- closure will have the effect of unifying the parcel for redevelopment. We recommend approval, sir, and so did the Plat & Street Committee, and the Planning, Zoning & Appeals Board. Commissioner Suarez: Move it. Commissioner Sarnoff. So move. Vice Chair Hardemon: It's been properly moved by Commissioner Sarnoff; seconded by Commissioner Suarez. Is there anyone here from the public that'd like to speak on this item? Chief Oroso [sic]? Sure? No? Seeing none, 1'll close the public hearing. Any further discussion from the Commissioners? Hearing none, Madam City Attorney? City of Miami Page 105 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Commissioner Sarnoff. No. Vice Chair Hardemon: No? Commissioner Suarez: No, it's a reso. Vice Chair Hardemon: Oh, it's a resolution. Victoria Mendez (City Attorney): It's a resolution to close and vacate. Vice Chair Hardemon: Great, great, great. All in favor of the item, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. Iris Escarra: Thank you very much. PZ.2 ORDINANCE Second Reading 13-01259Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABI LI TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-012591u SR Fact Sheet.pdf 13-012591u Analysis, Maps & PZAB Reso.pdf 13-012591u Application & Supporting Docs.pdf 13-012591u Legislation (v2) 13-012591u Exhibit LOCATION: Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71 st Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC and 7120 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-01259zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 10-0. See companion File ID 13-01259zc. City of Miami Page 106 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 PURPOSE: This will change the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13481 Note for the Record: Please see item PZ.3 for minutes related to item PZ.2. PZ.3 ORDINANCE Second Reading 13-01259zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71 ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGA SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-01259zc SR Fact Sheet.pdf 13-01259zc Analysis, Maps & PZAB Reso.pdf 13-01259zc Application & Supporting Docs.pdf 13-01259zc Legislation (v2) 13-01259zc Exhibit LOCATION: Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71 st Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC and 7120 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-012591u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 10-0. See companion File ID 13-012591u. PURPOSE: This will change the above properties from "T3-L" to "T4-L". Item includes a Restrictive Covenant. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13482 Francisco Garcia (Director, Planning & Zoning): The last two, sir, are companion items, items PZ.2 and PZ3. They are respectfully for a land use change and a rezoning for properties at City of Miami Page 107 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 7100 and 7120, as well as 56 Biscayne Boulevard -- I'm sorry -- as well as 565 Northeast 71st Street. The land use change is from duplex residential to low density restricted, and the zoning change is from T3-L to T4-L. The Planning and Zoning Department is recommending approval; so did the Planning, Zoning & Appeals Board, 10 to zero. And the item PZ.3 does include, sir, a restrictive covenant which limits the uses on the T4-L zone land only to surface parking under the T4-L designation, and all the uses otherwise available in T3-L. We recommend approval, sir. Vice Chair Hardemon: Thank you very much. Sir, can you say your name for the record? Gilberto Pastoriza: Good evening. Gil Pastoriza, 2555 Ponce de Leon. Vice Chair Hardemon: And is there anyone here in opposition to this lovely young man that wants to present this to us today? So seeing none, I'm going to close the public hearing, because there's no one here that obviously wants to speak on these issues, PZ.2 or PZ.3. Commissioner Sarnoff So move. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and seconded to approve PZ.2. Any further unreadiness from the Commission? Commissioner Suarez: No, sir. Vice Chair Hardemon: No further 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. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff Yes. Mr. Hannon: Chair Gort? Vice Chair Hardemon: Chair Hardemon. Mr. Hannon: Ahh, Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: The ordinance passes on second reading, 4-0. Vice Chair Hardemon: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): And it also has a covenant, as discussed previously. City of Miami Page 108 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: Chair Hardemon, I need a motion. Commissioner Suarez: Move it. Move it. I moved it. Vice Chair Hardemon: I heard -- I heard -- I thought -- Commissioner Sarnoff. We didn't move it? Vice Chair Hardemon: Well, it has been moved. Is there a second? Commissioner Sarnoff Second. Vice Chair Hardemon: Can I buy a second? Thank you. I have a second -- Commissioner Suarez: Can I buy -- Vice Chair Hardemon: -- by Commissioner Sarnoff. Let me clam on the record before we get in trouble. You cannot buy a second. Commissioner Suarez: There you go. Vice Chair Hardemon: But thank you for the second. Commissioner Suarez: That's true. It's not like -- this is not like -- Vice Chair Hardemon: Not for sale. Commissioner Suarez: -- Wheel of Fortune. Vice Chair Hardemon: Yes. Commissioner Suarez: Buy a vowel. Vice Chair Hardemon: Is there -- I've already closed the public hearing. Is there any further discussion on the item? Hearing none, all indicate so. Mr. Hannon: Roll call on item PZ.3. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff Let me think. Let me think. I think I'll say "yes.' Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: The ordinance passes on second reading, 4-0. City of Miami Page 109 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Pastoriza: Thank you and good morning. Vice Chair Hardemon: Thank you very much. Commissioner Sarnoff. Hey, Gil. Vice Chair Hardemon: For the record -- Commissioner Sarnoff. Going on our senior status, right? Mr. Pastoriza: Yes, sir. Commissioner Sarnoff. Congratulations. You survived. Mr. Pastoriza: On October 1. Commissioner Sarnoff. Great 35-year career. Mr. Pastoriza: You'll still see me every once in a while. Commissioner Sarnoff. There you go. Mr. Pastoriza: Good night. Commissioner Sarnoff. Good night. PZ.4 ORDINANCE 14-00054zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-36A-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGA SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00054zc FR Fact Sheet.pdf 14-00054zc Analysis, Maps & PZAB Reso.pdf 14-00054zc Application & Supporting Docs.pdf 14-00054zc Legislation (v3).pdf 14-00054zc Exhibit.pdf LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1445 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions, which failed, constituting a denial to City Commission on March 5, City of Miami Page HO Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 2014 by a vote of 3-5. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort Note for the Record: Item PZ.4 was deferred to the November 20, 2014 Commission Meeting. PZ.5 ORDINANCE First Reading 03-0423zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3155 SOUTHWEST 22ND TERRACE AND A PORTION OF 3170 & 3180 SOUTHWEST 22ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0423zc SR Fact Sheet.pdf 03-0423zc SR Analysis, Maps & PZAB Reso.pdf 03-0423zc Legislation (v3).pdf 03-0423zc Exhibit.pdf LOCATION: Approximately 3155 SW 22nd Terrace and a portion of 3170 & 3180 Southwest 22nd Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications on September 22, 2014 by a vote of 6-3. PURPOSE: This will change the above properties from "T4-R" to "T4-L". Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Commissioner Suarez: Can I move PZ.5? Chair Gort: It's been moved by -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Suarez; second by Commissioner Carollo. Any Further --? Yes, City of Miami Page 111 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 sir. Francisco Garcia (Director, Planning & Zoning): IfI may, Commissioners. Chair Gort: Yes. Mr. Garcia: What I'd like to do, again, just to make the record as clear as possibly we can, is to read into the record the fact that item PZ. 5 is not site -specific for this site, but also affects two abutting properties. So for purposes of ample clarity, I'd like to read into the record that the properties that are being proposed for rezoning as part of PZ.5 are as follows: 3155 Southwest 22nd Terrace, 3170 and 3180 Southwest 22nd Street, the portions that front on Southwest 22nd Terrace, and that the zoning change will be from T4-R to T4-L; and in addition, I'm reminded that I should state the following on the record: That this item is modified, and a copy of an updated staff analysis provided to PZAB (Planning, Zoning & Appeals Board) last week, these being submitted into the public record. Last but not least, this item is recommended for approval by the Planning & Zoning Department, as was also recommend for approval by the Planning, Zoning & Appeals Board. Thank you. Commissioner Suarez: Thank you. Chair Gort: Thank you. Okay. Todd B. Hannon (City Clerk): Excuse me. Chair Gort: Any further discussion? Being none, all in favor, state it by saying Eye." Mr. Hannon: Excuse me, Chair. Chair Gort: It's an ordinance. Mr. Hannon: Chair, and before I read the roll call, Mr. Planning Director, does this amend the legislation or is this submitting as a backup document for legislation? Mr. Garcia: My apologies. The amendments are actually to the development agreement, and there is also a change of address. One address is being removed and another one -- and it's being left out, I should said say. Chair Gort: As amended. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. Chair Gort: Okay. Commissioner Suarez: Thank you. PZ.6 ORDINANCE Second Reading 08-01015zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF City of Miami Page 112 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 MIAMI, FLORIDA, AS AMENDED, BY AMENDING APPENDIX D, TITLED SD-16.3 MIAMI WORLDCENTER TO MODIFY CERTAIN DESIGN STANDARDS; CONTAINING ASEVERABILITY 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13483 Note for the Record: Please see item PZ.7 for niinutes related to item PZ.6 PZ.7 ORDINANCE Second Reading 08-01 015da1 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 NORTHEAST 6TH 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 City of Miami Page 113 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 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-Submittal-Charles Haynes -Letters of Support.pdf 08-01015da1-Submittal-Paul Savage.pdf 08-01015da1-Submittal-Peter Ehrlich.pdf 08-01015da1-Submittal-City Manager -Backup Documentation.pdf 08-01015da1 SR Fact Sheet.pdf 08-01015da1 Legislation (v2).pdf 08-01015da 1-Ex hi bit-SU B. 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. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13484 Vice Chair Hardemon: I believe we're here on PZ.6 at the moment, time certain for 4 o'clock. Francisco Garcia (Director, Planning & Zoning): Yes, sir. I'm happy to read the items into the record. Vice Chair Hardemon: You can go ahead. Mr. Garcia: Items PZ.6 and PZ.7 are companion items. They are before you, Commissioners, on second reading, and they are the zoning text amendment and the development agreement, respectively, so PZ.6 is the text amendment; PZ. 7 is the development agreement for the Miami Worldcenter project. The -- to describe it briefly -- and I know that there is a lengthier presentation to come -- this is basically a text amendment to Appendix D'bf Miami 21, PZ. 6 is, to amend the set of regulations and basically to account for approximately eight years' worth of changes in development practices and to bring current and more in compliance with Miami 21 a somewhat dated entitlement document that dates back to, again, approximately eight years ago. The Planning Department is recommending approval, with conditions; the Planning, Zoning & Appeals Board also recommended approval. And it is before you today on second reading. There is one more thing I'd like to add as pertains to the development agreement, and I think that this is subject matter that has perhaps arrived to you already, but I'll caption it very briefly, and then I know that we will explain it more in detail as time permits. In your development agreement, there are three sections that are being amended: Section 7, as pertains to user fees; City of Miami Page 11-1 Printed on 11/17,2014 City Commission Meeting Minutes September 29, 2014 Section 8, as pertains to signs; and Section 14, as pertains to jobs. I am prepared to go into that in more detail. I'm going to defer to the Commission as to how it makes sense to do that for better structure and more coherence, so I'll leave it here for now and, again, yield back to you for direction. Commissioner Sarnoff Mr. Chair? Chair Gort: Yes, sir. Commissioner Sarnoff Can I have a point of privilege? Chair Gort: Yes, go ahead. Commissioner Sarnoff So Commissioner Suarez, as you've said for the past couple Commission meetings, I've been extremely well-behaved and very brief. However, today I find myself in an unusual position of having a person allege a conflict of interest for me and/or for my wife, and I'll get into that. And I'll also say, probably, I have been subject to a number of what I would call aspersions, which is part and parcel of this job. However, what we did do was we've got an Ethics Commission opinion that says there is no conflict of interest. Before Igo through that, I think, as politicians -- and I'm calling ourselves politicians because occasionally we have to be -- you never want to start negative. You always want to start positive. So let me tell you, Mr. Chair, why it is I support this project, and then I will explain why there is no conflict of interest and articulate for the record exactly where the funds were used and how they were used so that there is a complete record for everyone. So beginning with the positive, Miami Worldcenter. It's a 32-acre parcel. And ifI could show on the video screen exactly what it looks like today. Chair Gort: IT (Information Technology). Commissioner Sarnoff They need to click it on. So video folks -- there you go. So what I did was just show you photographs of what it looks like today, what it looked like yesterday, and what it looked like a couple of days before. And bear in mind -- you can go through this; don't hold up for me. This particular part of the City, a lot of people like to say it's just like Brickell City Centre, but it's not just like Brickell City Centre. Brickell City Centre is 10 acres; entirely, this project is 32 acres. And where this is going would have to be described as some of the most blighted land in all of the City of Miami. So why concern yourself with 32 acres in the middle of your city? Well, I said once before to call it a doughnut hole would be to insult the doughnut, and I really do mean that. And you'll see that this is predominantly where people just pull up, whether it's a tent or a mat and are homeless. And it's not like we didn't approach this without some plan before anybody started to displace the homeless. Because you all remember, you sat with me during the Pottinger, and you got to hear about a mat program of 100 mats. And now, for the first time in the past six years, the number of homeless within the City of Miami have gone down for the first time in six years. For the first time since you've been sitting here, Commissioner Carollo, the number of chronic homeless has gone down in the City of Miami by 100 people, and that's a good thing. And of that, 35 percent of them are going towards further programmatic activities. So now there is room for another 35 to come in. So it isn't like you're just displacing the homeless. You're actually coming up with a systematic plan; in the words of Commissioner Suarez, a caring way of dealing with this. But I just want to be very clear with everyone. This isn't a very hard decision to make. This is the most blighted area of all the City. So having said that, and just showing a picture speaks a thousand words, because I couldn't articulate to a lot of people who will oppose this and have never even seen this neighborhood what it truly looks like, what it truly is to be in this neighborhood on any given day. And as the Commissioner of a lot of this district, I get a lot of the complaints, and I just want to be very clear with everyone: this is what it looks like today. So why be supportive, why be proactive on this project? Thirty-two acres; you could let it develop on its own, very slowly, very methodically. Well, that's just it. If you have the opportunity to fix 32 acres, you take that City of Miami Page 115 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 opportunity. You take as many obstacles as you possibly can out of the developer's way. In the words of Francisco Garcia, Did I get everything right? "And I'm not speaking about me. I'm speaking about our, I think, well -respected Planning advisor. Did I get everything right on every page, Commissioner, all throughout?"You know, I can't really say that I have, but I continue to work towards a solution of getting everything right, and I do have some solutions that I'm -- or at least suggestions, and I'm going to articulate them, because it seems to be the pervasive one. So let me move on, if you don't mind, Mr. Chair, to the allegations. So the allegation is that my wife is a licensed sales associate registered with Cervera Realty, the real estate company that will be involved in the sale of Miami Worldcenter properties. I could say that the person who's making the allegation also is a real estate agent, as well. I could tell you -- but I think Alicia Cervera may be here herself -- that they have no financial arrangement and no contract with these folks. So I guess every real estate person in the City of Miami that is capable of selling real estate theoretically has an interest, and that's certainly what the, if you will, Ethics Commission has determined that that is so speculative, it's not to warrant any kind of response. Then the other allegation is that Miami Worldcenter gave money to the Sarnoff Foundation, and it did, in 2012; gave $1,000 of $71,000 that the SarnoffFoundation raised. Now what is the Sarnoff Foundation? Well, 2012, Commissioner Carollo, was not exactly the place to be for the City of Miami, because we kept on holding budget problems. And what I decided to do to see if we could privately fundraise for enhanced services -- you could just show that. Problems again? There it is. It's a not -for -profit organization created during the financial crisis in the City of Miami to give the police officers enhanced police equipment and equipment that, at the time, the City of Miami could not afford. It donated funds to many different things. But let me be very clear with Commissioner Suarez. I have taken not a thought, not a penny, not a cent, not an accolade for anything with the charitable donation. As a matter of fact, I donated $1,000 toward this foundation myself. So I just want to be very clear with you all. There is nothing -- I want to be as transparent as possible. I don't take money. I don't take anything from this foundation, which is housed at the Miami Foundation as the financial agent. So what has the Sarnoff Foundation done? Well, Commissioner Suarez and Commissioner Carollo, you were both there. The -- one of the things it did was it created a rental interest so the City of Miami could have a satellite police office in the West Grove. The second thing it did, we bought 36 high-tech bicycles for the Police Department at a time when, trust me, they weren't even buying uniforms for themselves; they were buying bicycles, and we bought bicycles for the Police Department. Well, I got approached by Code Enforcement some time ago and asked "Could you buy us some bicycles?" So I thought, you know what? To me, policing a street is two fold: One, it is the Police Department; and the second it is cleaning your streets and allowing your Code Enforcement officers -- and by the way, those are not cops; those are Code Enforcement officers that are actually riding the Code Enforcement bikes that the Sarnoff Foundation, through the Miami Foundation, provided. We also provided something I thought was very fascinating and interesting called a T3 Segway for the police. Now, we provided two, the DDA (Downtown Development Authority) provided two, and the CRA (Community Redevelopment Agency) provided two. So together, the City of Miami now has six Segways for police. They're actually very useful in a downtown urban setting. The police are sitting higher up. But the point of it is it's something they would not have had, except for the fact that we were able to provide them for them in a very tight budget cycle. Next. And I have to be a little bit candid and honest, and let me be a little bit revealing, because the person who is striking out here is Sergeant Lamprou, as you could see his horrible swing right there, but that happens to be a baseball game that was played in April between the City of Miami and the New York City Police Department where the City of Miami defeated them by the score of 7-6, and I think Lamprou may have actually scored somebody somewhere along the way. So that's all the money that the Sarnoff Foundation has spent and where it has gone; accounted for every nickel. And by the way, it still has some money left, and if it chooses to go out to the general public and ask them to do it again, again, it could do it. Did Miami Worldcenter provide us $1,000 back in 2012? Yes, it did Did 70,000 other dollars come in? Yes, they did. Did some people from the City of Miami give us as little as $50? Yeah. So that I had to put on the record, Mr. Chair -- and I apologize -- was because the -- they wanted to hear that I am not deriving any financial benefit from the Sarnoff Foundation, and I City of Miami Page 116 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 am not. As a matter of fact, all the legal work for the Sarnoff Foundation is done by myself so I'm not even charging myself or -- any way, shape, or form. Now, another allegation is, as Chairman of the Downtown Development Authority, I secured a waiver for Mr. Motwani to be appointed to the Downtown Development Authority Board, for which he is now a voting member. First place, for any of you that don't know this, the DDA is not run by the Chairman. He chairs the meeting. But it is run through an executive committee. I am not even on the executive committee of the DDA, because I actually chose not to be on it. So as a result, the executive committee determined that at a public hearing, it was best suited for Mr. Motwani to actually secure a waiver -- I think with Madam City Attorney's advice -- and at a public hearing -- there was a debate -- there is an opportunity to be heard as to any possible potential issues that may come up, and guess what? He had the waiver provided. Now, the second allegation is that Ms. Alicia Cervera is the managing partner of Cervera Realty. May be true. And her company will be involved in the sale of Miami Worldcenter project, and my wife is her employee. False. My wife is not her employee. My wife holds a sales associate license with that particular place, and my wife is not entitled to anything from Cervera Realty. She is not an equity holder. She is not a partner. She has no financial stake whatsoever in Cervera Realty. So that's just an absolute blatantly false statement. But I guess you can say and allege whatever you want in this world today. Finally, Alyce Robertson, the executive director of the Downtown Development Authority, has appeared and testified in support of the Miami Worldcenter project, and guess what? That is true. You know why she's doing that? Because the board actually voted to support, by resolution, this project. And guess what executive directors are supposed to do? They're then supposed to appear at the different governing bodies that necessarily are going to hear what that issue is, Miami Worldcenter. And as Commissioner Carollo has said in his own words, the board is made up of very well -respected individuals in our community, and they can decide for themselves whether they're going to support a project or not. So I have now pretty much raised every point that you can raise. I could tell you that there is a clean bill of health issued by the City of Miami -- by -- not City of Miami -- by the Miami -Dade Commission on Ethics and Public Trust, but I'm not done. Now, have I met with this group? I have. I've met with this group with Mayor Tomas Regalado. I've met with this group with Mayor Carlos Gimenez. I've met with this group with Alyce Robertson. I have met with this group with, I think, Victoria Mendez. And we have worked through issues. Those issues are primarily funding issues. Those issues are primarily large-scale issues. For instance, when we went to see Mayor Gimenez, we actually talked about sequestering their impact fees, so their impact fees are literally spent where the impact is being felt by the project's scale and scope. So I just want to be clear on the record. Now, I will -- I apologize for taking this much time, Mr. Chair, but let me just say a few things. Some of the issues raised in the scuttlebutt of things, fair issues. For instance, air rights, user fee, whatever you want to call them; Section 7 of the development agreement. City of Miami Code 55-14 allows encroachments over and under rights -of -way upon payment of a user fee, which is based upon an appraised assessment. Miami Worldcenter currently -- and I know this through the conversations -- does not anticipate any bridges or underpasses at this time but may in the future, like Brickell City Centre. So I suggest we make a floor amendment, and we change on the floor PZ.7, development agreement, paragraph 7, to remove the waiver process of the fee portion and any applicable fee, any applicable fee will be due at such time when they request of us or the City of Miami to build a bridge or an -- under any kind right-of-way. The second thing I suggest, signage, because a lot of people have gravitated to that. The language of Section 8 of the development agreement, it's being clarified and should be clarified to read that this development agreement isn't approving any signs that aren't already, Commissioner Suarez, in our Code. And Miami Worldcenter is going to have to go to and get permits, just like every other project in the City of Miami. So they receive no special benefits. Finally, liquor. Well, presently, you know, they're asking for 25 licenses in 24 acres. Well, Brickell City Centre asked for 25 licenses in 10 acres, but there already are existing 16 licenses in that area. This 25 is not in addition to. This 25 supersedes and does not supplement those 16 already in existence. So I'm a guy that likes to be fair treatment for all. I only want us to treat them the same way we have treated anyone else here in the City of Miami. Now, with regard to jobs, and I'm going to leave this -- because it's not fair to talk about everything, but I'm going to leave this for Commissioner City of Miami Page 117 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Hardemon. However, you -- Commissioner Hardemon, Commissioner Carollo, Commissioner Suarez, we struggled over finding $1.25 million, which would have funded 40 to 60 jobs. So this project on phase one alone creates 35,000 direct and indirect jobs. I am very much going to vote in favor of this, based on this being one of the biggest opportunities to end joblessness here in the City of Miami, and I'm not going to go any further than that, Commissioner Hardemon, because I'm sure you have better suggestions than me. But I want to go on the record very categorically and very clearly and say, you know, it's very easy to allege, it's very easy to be the Walter White of our day and age when you come across like John Dillinger, but the end of the day, the facts have to meet the facts. You can't just make false statements. And as you know, Commissioner Suarez, it will be become very -silly -season for me very shortly. Commissioner Suarez: Was that a breaking bad reference -- Commissioner Sarnoff It was. Commissioner Suarez: -- as to --? Okay. Commissioner Sarnoff It was. Commissioner Suarez: Just wondering. Chair Gort: Right. Commissioner Sarnoff And if you don't know who Walter White was, then you need to watch Breaking Bad; greatest show ever put on TV (Television), but I want to give you the end: He's not a good guy. Thank you, Mr. Chair. Chair Gort: Okay. We're going to hear the public hearings. We're going to open up the public hearings and -- on both PZ.6 and PZ.7. My understanding, we have over 70 people that would like to speak. City Clerk, you're in charge. Todd B. Hannon (City Clerk): Thank you, Chair. I'm going to try and read the names out -- oh. Chair Gort: Wait a minute. Francisco. Mr. Garcia: Yes, sir. If I may, what I'd like to do -- again, I know many of the points that have been brought up thus far have been points of interest, to say the least, so I'd like to take a moment, and because there are amendments being suggested as part of this approval, which is the second and last -- Chair Gort: Right. Mr. Garcia: -- hearing, presumably, what I'd like to do is to put very specifically into the record exactly what amendments we are proposing to substantiate what Commissioner Sarnoff has already put on the record. Chair Gort: Okay. Mr. Garcia: I'll be brief and quick about it. And if anyone has any questions, I'm happy to answer them. As pertains to Section 7 -- and the title of Section 7 is Construction of Encroachments Within City -Owned Public Rights -of -way. "Two points of clarification: This particular section has variously been alluded to as air rights, user fees, et cetera. I want to be clear. This is what I am talking about now. Air rights, user fees, as someone addressed it, construction of encroachments within City -owned public rights -of -way. And the change that will appear, should you approve it, will be read as follows: "Section 55-14(c) of the Code requires a City of Miami Page 118 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 payment of the user fee in connection with the construction of the aforementioned encroachments into, above and below" -- so again, encroachments into, above rights -of -way and below rights -of -way -- "of the public's rights -of -way which Miami Worldcenter shall be responsible for paying." Translated into lay language, this means that should Miami Worldcenter, as part of your development, propose any connections above the right-of-way encroaching into or through the right-of-way or below the right-of-way, fees apply, and those fees Miami Worldcenter shall be responsible for paying. Full stop. The next section I'd like to address is the section titled Signs.'There the issue have been -- has been whether the language is more permissible or less permissive than Miami 21. I've said previously on the record that it is equally as permissive as Miami 21 presently is, and in order to address that as thoroughly as I can, here is the language that we're proposing to include. Again, it's Section 8, titled Signs.'"`This amendment" -- agreement -- "this amended agreement shall not be deemed or otherwise construed to approve or authorize the placement and/or location of commercial advertising signs, Class C''igns, murals, billboards, or media towers as defined in the Code or Miami 21 within the Miami Worldcenter District, " which is the subject of the application. "The placement, location and specifications of any commercial advertising sign, Class C''ign, murals, billboard, or media tower, if permitted by the Code or Miami 21, shall be approved as required by the Code or Miami 21 at the time a permit application is filed with the City." Again, that leaves them in exactly the same standing as any other development in the City of Miami, completely subject to both the Code and Miami 21. I will not address presently -- because I expect that this will be the subject of some conversation as part of the presentation -- the job creation. We have some tentative language that, if need be at the end of the presentation, I'm happy to read into the record, but I'll defer on that. And by way of clarification on the liquor license -- an allusion was already made to it -- I'd like to say the following to clam: There is presently in place in the City Code a -- an area or a district called the Park West Entertainment District,'{vhich makes provisions for an area which includes: to the north, the border is 1-395; to the west, the boundary is North Miami Avenue; to the east, the boundary is Biscayne Boulevard; and to the South, the boundary is 7th Street. Now, this area that I've just described is larger than the Miami Worldcenter, but basically subsumes or includes within it the Miami Worldcenter Project site. That area is presently set aside for an exemption of distancing requirements for 11 licenses, 11 licenses, and 8 of those 11 have already been obtained. Those 11 licenses would have to go through the City of Miami for their issue, as the licenses that might be issued for Miami Worldcenter will also have to be reviewed by Zoning staff as the State statute requires. So the State approves them and Zoning Department also approves them. That doesn't change. What we are proposing, however, is that for the approximately 23 acres included within the Miami Worldcenter Project site, that there be 25 licenses exempt from these distancing requirements and impose another limit above and beyond that that only 5 such licenses be made available on any one block. We strongly feel -- and this is why we are recommending approval to you -- that the density at 500 units per acre and intensity of this particular project and zoning designation can certainly comfortably accommodate that number of licenses and, again, we will certainly review each of them as they come in. The Zoning Office will do that. Those are the clarifications I wanted to make. I'll make one more note again for the record for those of you who are here to test fy in this particular application. The Miami Worldcenter site -- so as not to confuse -- is bounded on the north by 11th Street, on the South by 6th Street -- this is northeast -- on the west by North Miami Avenue, and on the east by Northeast 2nd Avenue, and there is a little notch into it, which is occupied by the NAP (Network Access Point) Center of the Americas. With that, Commissioners, I'm happy to answer any questions or yield to you for public comment. Chair Gort: Thank you. Yes, ma'am. Iris Escarra: IfI may, I -- Chair Gort: Wait a minute. Before we begin, let's make sure everybody that's going to testify has been sworn in. City of Miami Page 119 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: Chair. Chair Gort: Yes. Mr. Hannon: Chair, I'm actually -- I'm back here. My apologies. Can you give me a quick second? I just need to coordinate with some people in the lobby to make sure we all take the oath at the same time. Chair Gort: Okay. Mr. Hannon: So just give me 30 seconds. Commissioner Suarez: I've never seen you in the audience like that. It looks like a revival. It looks like a -- he's giving a sermon, wading through. It's hilarious. Mr. Garcia: In the meantime, I'll also enter into the record, just for clarity sake, that this is before you, of course, on second reading, both items are, and that the item is modified, and a copy of the development agreement is being submitted into the public record. The Planning, Zoning & Appeals Board approved -- or rather, recommended approval by a vote of 9 to 0 at their meeting of September 3. Chair Gort: Yes, sir. Iris Escarra: Chairman, Board, Iris Escarra, Lucia Dougherty, Ryan Bailine, and Marissa Farber, on behalf of Miami Worldcenter. We'd like to incorporate the record from the first hearing and reserve some time at the end for rebuttal. Chair Gort: Okeydoke. Next. Paul Savage: Good evening, Commissioners. My name is Paul Savage. I have law offices at 100 Almaria Avenue, Suite 320, Coral Gables, Florida. I'm here on behalf of Grand Central, LLC (Limited Liability Company), as well as the Omni Park West Redevelopment Association. I would like to say, for the record, that my client has standing in addition and separate than other members of the public. We actually have a property interest. This agreement has a very broad definition of who has a property interest in it, and that includes lease holders such as my client. I am happy to hear that some of the special benefits that were afforded this -- to Miami Worldcenter have been stricken out this afternoon. I will note that this development agreement is a creature of Florida Statutes, and I went and I pulled the statute to see what is a development agreement exactly and where is it authorized. And it's really to protect the developer in a big project like this one, because it might take 10, 15 years or more to build it out, and they don't want the developer to contract and start building and then have the rug pulled out from under them and be downzoned. So it's really a freezing of their rights so that they can conduct business and build out the project. And all of that is very laudable and good. But one thing I want to point out is that it's certainly not a vehicle with which to get waivers, variances, discounts, and the like and special treatment. In fact, the Florida Statutes make clear that it's mandatory -- and there's actually a finding required in the development agreement that the development agreement itself in full compliance with all the development regulations. So to hear that there is an -- normally applicable air rights, for example, that Worldcenter was going to get out of I think that's in violation of the Florida Statutes. If, in fact, the text has been removed, I think that would be good. Although, I would say that the notice requirement for this under the Florida Statutes contemplates that property owners are mailed a notice and also provided seven days out the address where a concerned citizen can come and examine the development agreement. This involves a -- as was pointed out many times, this is an over-20- acre project, many, many millions, if not billions of dollars, and there's no reason why we have to run our railroad this way, if you will. This should be noticed properly. The statute should be followed. People should have the ability to examine the text; that it hasn't been provided. I also want to make clear that City of Miami Page 120 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 this would include -- what I'm saying about the -- Yes, sir. Chair Gort: No. Go ahead. Mr. Savage: Okay. I just want to make clear that, again, I haven't seen the text. It sounds good if the air rights have been taken out. It sounds good if the special signage has been taken out. It doesn't sound like the liquor license special treatment has been taken out, and I would argue that that's going to violate the Florida law that requires the development agreement to be in compliance with the existing development regulations. Chair Gort: You got two more minutes and that's it. Mr. Savage: Okay, thank you. I would like to show at least -- if I could have a microphone, I'll show you on my board. Barnaby Min (Deputy City Attorney): The City Clerk. Mr. Savage: Thank you so much. They said that there is no plan for any kind of overpass that would implicate that statute, although the plans that have been submitted and published do, in fact, show a large structure going over 8th Street that would implicate these user and air rights that we've discussed. This is part of the zoning amendment that you're voting on. This is taken from that document, and I would like to point out this is looking -- 8th Street. You can see there's quite a lot of building that can go on here. And as Iris Escarra mentioned, I do move into the record all of the discussion from the first reading and our objections. In the interest of time, I won't repeat those objections. This is a rendering. I believe it's in draft form. This is a rendering of what it might look like going underneath the structure, and again, there is all of this here that would have been exempt under the language. And just looking at what that might have been worth, just so you have an idea, this is not a formal or an expert created. This is me just -- and as a lay person using Google Earth and measuring. But I eyeballed what they're showing, building over 8th Street. It's about 350 feet long, and I know from the Code that it's 75 feet wide. If we multiply that out, that's 157,000 square feet. And if the land adjacent, conservatively, is $150 a square foot, that's about $23 million. Now, this is not -- this is just me sketching on the back of a napkin. This is not an expert. Maybe this number is -- should be smaller. Maybe it should be higher. I don't know. But I do reiterate that the development agreement cannot in any way grant special treatment. It's not a place to do that. The Florida Statute is clear. And I'm looking at the Chairman, and I'm going to thank him for the time that I've had, and I would just conclude. I would ask this board to please defer this item, allow the press, the citizens to study all of the pages, and let's confirm what they're doing and re -notice this. There's not an emergency. There's not an emergency. There's nothing wrong with sunshine. So there's nothing wrong with publishing this and having it available for everyone. Thank you very much, and I appreciate the time. Chair Gort: Thank you. Next. Mr. Hannon: Chair, I'm going to try to read the names out in groups of five, so if everyone can just be listening for your name. Peter Ehrlich, Dr. Susan Amat, Oscar Rodriguez, Andres Asion, and Julie Grimes. Peter Ehrlich: Good afternoon. Peter Ehrlich, 720 Northeast 69th Street, in Bayside, and I work in Lemon City. We appreciate the revisions that have been discussed this afternoon, but I'm asking that you please do not pass the Miami Worldcenter today. Please defer it so the City Attorney, City auditors, your Planning staff, and your executives can review all of the discussion that was brought up in today's Daily Business Review cover story, which I included in the handout material, and that story's been online since last Friday. We wish to have more time to review the specific revisions that have been discussed into the development agreement. And also, City of Miami Page 121 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 referring to the sign code in Section 8 of the development agreement, which I've written here in its entirety, we appreciate the revisions, but we don't feel that they go far enough, and I think there can be more protection to protect the public and to protect the neighbors who surround the Miami Worldcenter site from LED (Light -Emitting Diode) billboards, LCD (Liquid Crystal Display) billboards, media towers, tower signs, all sorts of commercial signs, both Class B'hnd Class C. "So I think we would like time to review the revisions, and I think there can be more improvement that can take place. So with all due respect, we ask you to defer the item today, and two weeks shouldn't hurt the project. Thank you very much. Chair Gort: Thank you, sir. Next. Susan Amat: Hi. I'm Dr. Susan Amat. I run Venture Hive. We're at 1010 Northeast 2nd Avenue. We're in the Park West District. We're actually on the land that is Miami Worldcenter. I'm here representing 31 technology startups from all over the world, who make their home within this area. Two years ago, I met the Miami Worldcenter associates and told them this dream I had of building a downtown Miami tech hub, and they offered us free space. We went around to multiple buildings trying to figure out where, among their huge property, would be the best place for us, and there were homeless people everywhere. In fact, the building that we chose to move into, there were 13 homeless people sleeping outside the week that we moved in and started renovations on it. Now, there are over 100 technology professionals, entrepreneurs, literally from 18 different countries coming to work in the Park West District every single day. I see this as one of the most important developments that will be done not only in this area but in the State, specifically because of its proximity and location with the NAP (Network Access Point), with the Network Access Point to Latin America, and also because of the All Aboard Florida Rail Line. What's been happing in the middle of our State with the 1-4 corridor and technology businesses growing and blossoming, we will be able to connect to that directly. So all of these startups, again, that are moving from all over the world to be part of this new Miami ecosystem, will be able to connect not just to Latin America but now throughout the State in a totally unique way, and we'll be able to have a lot more job creation. IfI may add one more thing. The reason that Microsoft decided to have their first Microsoft innovation center in the United States, not just in Florida but in Miami, on the Miami Worldcenter property, is because of the risk that they took giving someone with a dream the opportunity to have a world -class environment that they paid for every bit of the refurbishment, the electricity. Everything that we've been able to do with this building is because of their generosity. So I want to wholeheartedly encourage you to approve this. Thank you very much. Chair Gort: Thank you. Next. Oscar Rodriguez: Good afternoon. My name is Oscar Rodriguez, and I thank you for giving me the opportunity to speak to you today. For over 20 years, I have been a private stakeholders and a resident of the City of Miami. And during that time, I have had the pleasure of working with the City elected officials and the Administration on various agreements. When I look and I read the agreement that is before us today, I have all the confidence in the world that staff has done the exact job that they needed to do to vet this agreement and to bring it before you today. Deferring this agreement will be kicking the can down the road, and Miami, the City of Miami is a progressive city that does not kick the can down the road. I am fully confident that everything has been vetted out, and this is what the City needs. Living in downtown Miami for as long as I have lived we have been waiting for progressive and for ingenuous concepts to be brought forth. That is what you were elected to do. So don't kick the can down the road,- listen to it. If it's good, vote it up. If it's not good, vote it down, but let's get on with it. Thank you. Chair Gort: Thank you. Next. Andres Asion: Good evening. My name is Andres Asion. I live in 1000 South Pointe Drive, in Miami Beach. I've been in the real estate industry for about 20 years right now, and I got to tell City of Miami Page 122 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 you that we speak to many, many, many constituents in the City, as well as people from all over the world that are coming down to Miami to buy. And when we originally even sold 900 Biscayne Bay, which is right on Biscayne, right in front of the site, we were pitching this job and how amazing this was going to be for all the other buildings that are directly in front of this site. This is such a major catalyst for the City that right now, Brickell City Centre, which is doing an amazing job in the Brickell district, is going to -- is raising the property value of everything around there, and really creating a really true hub for people to be able to walk down and enjoy everything that is in that neighborhood. Right now downtown's cord doesn't exist. I mean, we are -- it's expanding, but it's not what it needs to be for a city like the City of Miami. And this is going to be life -changing for the City of Miami. It's going to bring so many jobs. The aesthetics of it is going to be absolutely amazing. You have the ability of being able to really, truly make a change, starting right away, and not wasting any more time in taking this forward. Everybody is banking on this project, because -- that is that has developments, that has properties around the area, because it truly is a catalyst for all of us in the City of Miami to have this move forward and start right away. So I encourage you guys to vote "yes" on this and get it on, because it really is the best for the City. Chair Gort: Thank you. Next. Julie Grimes: Julie Grimes, 1717 North Bayshore Drive. I've lived in Miami for 20 years; run a business here, hotel business downtown. As well, I've been very engaged in the community, specifically, one of the founders of the Hospitality Institute in Overtown. That program, we really set it up as a way to try to engage with the people of Overtown into the hospitality industry, Miami's largest industry. There's no reason why everyone can't touch this and be part of this. Everybody that wants to be part of it can be part of it. This project is a game -changer for Miami, for the downtown core, for the people in the surrounding area. I believe we should embrace this as an opportunity to provide fabulous jobs to all the people that want to work there. They'll have the opportunity. They can come through the Hospitality Institute. We've already been in dialogue with the developers in terms of engaging with the Hospitality Institute as a way to bring the people in to jobs there. There's so much opportunity here; we need to embrace this. This is not a time to defer, to wait and see. We've been waiting and see -- we've been waiting for over 20 years, 30 years for something to happen downtown. Now it's here, and we're wondering, we're finding reasons to make it a problem, to not make it happen? We have to embrace this. Please, today, let's make it happen. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: The next five speakers: Alyce Robertson, Francois Illas, Dennis DeGori, Daniel Solomon, and Gino Lopinto. Alyce Robertson: Good afternoon. Alyce Robertson, executive director of the Miami Downtown Development Authority. I previously entered in the resolution of support from the Miami Downtown Development Authority, and I'm a tree hugger, so I didn't want to waste anymore paper, so if we could refer that record. This is a -- you know, it's hard to talk about this area without saying it's -- you know, slum and blight is what is defined in this area currently. And this project is going to take -- and so the size of it and change that whole area west of the America Airlines Arena. It also has the connectivity to the All Aboard Florida where a new down -- and it will have a new downtown conference center. This bringing national retailers, walkable streets, transit -oriented development, and its connectivity to the rest of the community is unsurpassed in downtown Miami. And so one of the things -- this actually fulfills a lot of the goals of the Miami -- 2025 Downtown Miami Master Plan, so I think it's critically important to downtown, and it's critically important to the tax base of the City of Miami, and I vote -- I would ask that you vote in favor of it. Thank you. Chair Gort: Thank you. Yes, sir. City of Miami Page 123 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Francois Illas: Francois Illas, vice president, Corporate Development for Florida East Coast Industries, with offices at 2855 LeJeune Road. As a parent company of All Aboard Florida, a project to develop passenger rail service from Orlando to Miami, we stand in support of the staff recommendation for both Worldcity [sic] Center Miami and Miami World Expo Center projects, which are to the east of our proposed Miami station development. The revitalization of Park West in Overtown is at the heart of what these two projects propose for this area when completed. As a transient project seeking to move people from Orlando to Miami, destinations like these will be key to attracting leisure ridership from north to south. Worldcenter Miami and the Expo Center will provide our passengers with a destination just steps away from our station. Worldcenter Miami will further provide our passengers with unique pedestrian promenades, retail choices anchored by national retail chains and so many other amenities. Finally, the economic impact all these projects will have has the jobs, both direct and indirect, and new financial investments will be transformative for the City of Miami and the surrounding communities. I ask this body to approve City staffs recommendation today as to both these projects so that all these projects can begin this process of transforming the heart of the City of Miami and Metropolitan Miami -Dade County. Thank you. Chair Gort: Thank you. Next. Dennis DeGori: Good afternoon. Dennis DeGori. I am the owner of 11 Miami, 29 Northeast llth Street, in downtown Miami. I speak certainly in favor of Miami Worldcenter. We've already made a huge $40 million investment in downtown. I moved my family to downtown. We live in Midtown Miami presently. And I employ over 350 people at this present time, between 11 Miami and Touche Miami downtown, and it certainly -- you know, we live it day to day, so we certainly know what exists there now and, you know, we only made this huge investment in anticipation and full knowledge that Miami Worldcenter was coming and all the other redevelopment downtown, so I think it's critically important to the City of Miami. The jobs are undeniable. You know, we took first blood with, you know, that $40 million investment. I know Miami Worldcenter is another huge investment for Miami, so certainly, I'm fully in favor. I appreciate it. Thank you. Chair Gort: Thank you, sir. Next. Daniel Solomon: How are you? Daniel Solomon. I live and work in downtown; also part of 11 Miami. We are in huge favor of the development of Miami Worldcenter with the amount of jobs, cleaning up the area, and the amount of -- you know, the caliber of what Miami can become in the future with the growth potential, and we are in favor. Chair Gort: Thank you. Next. Gino Lopinto: Hello, Chairman, Commissioners. My name is Gino Lopinto. I'm an operating partner at 11 Miami and Touche Restaurant at 29 Northeast 11 th Street and 15 Northeast 11 th Street, respectively. I am 100 percent in favor of the Miami Worldcenter. The thousands and thousands of jobs it will create, the major impact to the economy, and the modernization of downtown, we're 100 percent in favor of Miami Worldcenter, and I implore you to approve this. Thank you. Chair Gort: Thank you. Next five. Mr. Hannon: The next five: Robert Crosoli, Ian Mallon, Jon Harmon, Venessa Diminich, and Adam Gould. Chair Gort: Yes, sir. City of Miami Page 124 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Robert Crosoli: My name is Robert Crosoli. I'm a resident at Madison, and I just moved here a little over a year ago; and living in the area day to day, whether it's walking to shopping or whatever it is, knowing that this type of project is going up in the area is just really exciting to know that. The caliber of what Miami could be, it's going to become because of this big project, with the jobs that's going to be created, and just the cleaning up of the neighborhood, and I'm really excited about it. Chair Gort: Thank you, sir. You want to call the names? Although all you call five, go ahead and call the names. Mr. Hannon: Ian Mallon. Ian Mallone: Hi. My name is Ian Mallone. I also live at 850 North Miami at the Madison. It's on the western border of the property that is being proposed. I'm fully in favor of this project, getting approved today. The -- walking outside every day, all we see is empty lots, empty streets, homeless people sleeping on the sidewalks. That's all that's down there every day, and I'm very looking forward to getting it cleaned up and having something down there. Thank you. Chair Gort: Thank you, sir. Mr. Hannon: Jon Harmon. Jon Harmon: Hi. My name is Jon Harmon. I live at 850 North Miami, in the Madison building, right next to where the proposed Worldcenter is. I moved down -- I actually am originally from Miami. I was born here. I grew up in South Florida. I've lived in a lot of other places. I'm an independent contractor and a DJ (disk jockey). I work in various venues throughout South Florida, and I just want to say that aside from what a lot of people have said that live where I live about cleaning up Miami and everything it has to offer, also the -- what it has to offer the people in the hospitality business from my industry and the amount of jobs that are at stake, this is only a good thing. It's a double win for somebody like myself, because I live right next door; and also, it's just going to create more opportunity for me and so many people like myself in the hospitality industry or the entertainment industry, and so I'm 100 percent for it and hope that you pass this today. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Venessa Diminich. Chair Gort: Next. Mr. Hannon: Adam Gould. Adam Gould: Gentlemen, Adam Gould, 1112 North Miami Ave. I am a resident. I just moved here from Las Vegas. Las Vegas is a city that, over the past few years -- actually, 10, 13 years, we've seen a lot of progressive growth. Uprooting my whole life, moving down to Miami is making it a personal destination, let alone business. Knowing that the growth potential is now hitting not just Miami, but downtown Miami with this project, I am 100 percent in favor of seeing that type of forward movement in an area that definitely needs a lot of cleaning up and has this much potential right at our hands. So, please, pass this through. It is definitely something that the downtown Miami area needs. And I can't stress enough how many people that I run into on a day-to-day basis are truly looking forward to this project, not just for the gentrification, the jobs, the employment, you know, opportunities, but the overall aesthetics that this is going to bring to our downtown area. I'm in favor. Thank you. Chair Gort: Thank you. Next. City of Miami Page 125 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: The next five: Michael Ameroso, Armand David, Derick Henry, Ken DeGori, and Mike Slider. Michael Slider: Good afternoon, Commissioners. Michael Slider, on behalf of the Miami Entertainment District Association. As you know, I've been to every one of those -- these hearings, and you also know that the members in MEDA (Miami Entertainment District Association) full heartedly and emphatically support this project, so I'm just here again to offer my support. I do want to say one thing just to get it on the record for -- in the spirit of full disclosure. MEDA also contributed to the Sarnoff Foundation, and we -- yeah, we did -- and we did so because we actual -- Chair Gort: How much? Mr. Slider: He's going to look it up now. Commissioner Sarnoff No. I want to get more. Mr. Slider: No, no, no. We did so because we actually believed in the project, which was to fund -- to give our police the necessary tools to fight crime. Thank you very much. Chair Gort: Thank you. Next. Michael Ameroso: Hello. My name is Michael Ameroso. I live at 850 North Miami Avenue. I'm also part of 11. And as I walk the streets every day of downtown Miami to and from work and I see the amazing potential that this development can improve the area, you can already see some of the activity that's happening, and this project is very exciting. It will improve the job opportunities. Actually -- obviously, a lot of the people that are homeless in the area and I think that this financial impact can only improve that for all the people and for people that are moving in and all the jobs that can be added. Very exciting project. I'm 100 percent in favor. Thank you. Chair Gort: Thank you. Next. Armand David.: Good afternoon. My name is Armand David. I'm a resident at 900 Biscayne. I am a 100 percent supporter of this project. I see huge potential in it, the jobs it's going to create, cleaning up the environment. I also live in the -- work in the area, and I'm just 100 percent in support. Thank you. Chair Gort: Thank you. Next. Derick Henry: Hello. Good afternoon. My name is Derick Henry. I am one of the partners from 11. I also am a partner in a security firm here in Miami. I just recently moved here from Arizona, and then I also just moved my family here recently, because I saw the potential of this project, and I believed in it, so I'm in favor of it. I've been a security expert for the last 20 years, and I've always brought my clients down here, but we've always stayed in the South Beach area when we would come down, because as a security expert, I felt it wasn't safe to bring clients into the downtown Miami area. With this project, I feel like it will make -- it will change that whole picture. I think it makes -- it's going to create jobs, but it also helps with, you know, the area and then -- I'm sorry -- my comfort as a security person bringing clients down into that area, so I'm in favor. Thank you. Chair Gort: Thank you. Next. Ken DeGori: Good afternoon, Commissioners, Mr. Chair. My name is Ken DeGori. I reside in City of Miami Page 126 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Miami. I'm also an operating partner at 11 Miami and Touche Miami. While I admit I am quite a novice at projects -- zoning projects and planning projects of this magnitude, I can't help but be very excited about the 35,000 possible job creation, the nearly $1 billion economic impact, 1,800 room hotel, nearly half a million square foot convention center. I can't help but be very excited about this project, and I respectfully request that you pass this motion. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: The next five: Michael Grand, Darin Bischoff, Cristina Gonzalez, Ken Ratner, and Tim Wilcox. Michael Gran: Michael (UNINTELLIGIBLE) Gran. I have a -- I'm a tenant. I have an art studio at 697 North Miami Avenue, Grand Central Building, and I fully support this project, and I think it brings nothing but opportunity to Miami. And I'm very thankful for it. Thank you. Chair Gort: Thank you. Next. Darrin Bischoff Good afternoon. My name is Darrin Bischoff. I'm a tenant at Miami Worldcenter at 151 Northeast 7th Street in the heart of Miami Worldcenter. I represent Mural -- a public arts mural organization called Primary Flight. We've brought, roughly, 350 murals to the WynwoodArts District and the Miami Design District since 2007. Recently had an opportunity to work with Miami Worldcenter on a new public arts initiative called Words Travel Fast, which brought eight new murals at the beginning of this year to the district, helping clean things up. And if that isn't an example of what -- the kind of support they're going to be giving to the arts and culture of Miami, then we're going on the record in full support of Miami Worldcenter. Thank you. Chair Gort: Thank you. Yes, sir. Ken Ratner: Good afternoon. My name is Ken Ratner. I'm a resident at 900 Biscayne. I also work downtown, and I've been to many of these hearings and many other hearings that the developer put on. They've answered every question. And the other day I heard a rumor that there was questions about whether jobs were going to be created. I just can't believe it, because there is thousands of jobs to be created. And anyone who's spreading that kind of information just has an agenda. We need this. We need this for downtown. We've been dedicated day and night cleaning up downtown. I work there every day. I've seen some of you around. I don't know where this is coming from, but please, pass this. This -- these jobs are desperately needed. We're doing everything we can, but we need the help, and Miami Worldcenter has given us every bit of information we've ever asked for. They've been fully open with everything they've -- with everything we've asked. Thank you for your time. Chair Gort: Thank you. Next. Cristina Gonzalez: Good evening. My name is Cristina Gonzalez. My address is 151 Northeast 7th Street. I am -- I currently own a gallery in downtown. Miami Worldcenter are my landlords. I believe they support arts, technology, and many businesses. I think they show that by what they're doing right now. I see great value in what they're trying to bring to Miami and what they're trying to build. I also believe that this will be a game changer for Miami and will put Miami on a different level in the map really. I do believe that Park West and Overtown need an overhaul. And I would like to go on the record to say that I fully support what they're doing. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Sam Wilcox. The next five speakers: Alicia Cervera, Stephen Gamson, Dan City of Miami Page 127 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Cromer, Natalie Brown, and Jaret Turkell. Alicia Cervera Lamadrid: Hello. Good afternoon. My name is Alicia Cervera Lamadrid. I'm the managing part of Cervera Real estate. For the record, we have sold over 100 condominium buildings in Miami in the over 46 years since our company was founded by my mother, Alicia Cervera, Sr., and we have been before you many times in support of many projects, some that we were representing and some that we were not, in the best interest of the City. It has been brought to my attention that there's been some allegations and, in fact, a request for Commissioner Sarnoff not to vote on this issue because his wife, Teresa Sarnoff, recently joined our company as a sales agent. We are always happy to have new talent and are in search of new talent always, so we welcome anyone who's entering the industry. But let the record stand clear that our company earns its business day after day, over 46 years, with no need of help from anyone on the Commission for -- with a vested interest in any way that would be less than supportive of best interest of our city. And in fact, while we do support the Miami Worldcenter, we are not engaged in any way by the Miami Worldcenter. I hope that that will change at some point. I would be delighted to represent them, but I'm not doing that yet. So as a very vested party [sic] of Miami Worldcenter, because I have two commercial properties and an apartment there, and I represent currently a building of over $100 million listing within walking distance, and have sold thousands of units in downtown, I firmly believe that it's in the best interest of our City, of our downtown and of our international community bring a world -class project with all of the opportunities that it brings for entertainment, for employment, for a better lifestyle to the downtown area. And it's hard to imagine that anyone would speak in -- contrary to this that, in fact, didn't have an unpleasant and unseedly [sic] agenda. So I trust that you will not kick the can down the road but rather vote this up and get on with the business of improving our City. Thank you. Chair Gort: Thank you, ma'am. Yes, sir. Stephen Gamson: Good afternoon. My name is Stephen Gamson, and I have an art studio at 147 Northeast 7th Street in downtown Miami, and I'm in the Miami Worldcenter District. I just wanted to let you know that I'm 100 percent in favor of this project for many reasons; some of them were stated previously, so I won't reiterate that. But I will let you know that I've known the principals behind the Miami Worldcenter, and I'm one of the fortunate artists that has been supported by their generosity. They've done a lot for the art community. I don't know if you're familiar, but I did the birthday celebration art for the City of Miami for the 114th and 115th birthday. So it's important to have responsible developers and citizens that care about our City and its future involved in projects like this that can make a difference and give us the world -class presence that we deserve here. As an artist, I'm able to do many philanthropic projects and give back to the community, because the Miami Worldcenter has been so generous to me. So I just want you to know that I'm 100 percent in support of this project. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Dan Cromer. Daniel Cromer: Good afternoon. My name is Daniel Cromer. I own the Cromer Company, located at 55 Northeast 7th Street in Park West. I am proud that my family has been operating a business in Park West since 1957, for the last 57 years, and in downtown Miami for the last 101 years, since 1913, long before I was even born. I have personally been working at the company for the last 46 years. Obviously, in those many years, I've seen many, many changes in Miami and in Park West. About a year ago, our property was sold to the Miami Worldcenter, and I currently am a tenant of theirs. We will be relocating sometime in the near future. We will miss working so close to downtown, but the plan Miami Worldcenter project is exciting and, without a doubt, will bring energy never seen before in Park West. I assume we are the largest employer in Park West and certainly the longest operating business. Once the Miami Worldcenter project City of Miami Page 128 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 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 at its -- as it is currently conceived and urge you not to delay. However, I must say there seems to be a small group of distractors that is trying to delay this project. As a Park West employer, land owner, and neighbor, I have observed this group creating problems for many years now. They seem to like creating turmoil. I hope, when considering this item, the Commission looks beyond these distractors. Chair Gort: Thank you, sir. Mr. Cromer: Thank you very much. Chair Gort: Thank you. Next. Mr. Hannon: Natalie Brown, Jaret Turkel'. The next five speakers: Pablo Rodriguez, Andrew Mirmelli, Mitchell Newman, Ramiro Inguanso, and Aaron Butler. Pablo Rodriguez: Good afternoon, Commissioners. I represent the South Tower Condominium Association of the Building Biscayne. Chair Gort: Your name. Mr. Rodriguez: My name is Pablo Rodriguez. Chair Gort: Okay. Mr. Rodriguez: And the address is 253 Northeast 2nd Street. I representing some of the owners that are present here today, and they have been waiting very long, since the moment that they brought the units in this building in Biscayne, looking forward to the development of downtown. This development has been stalling for several months just for the fact that there's some opposition to this. In behalf of these owners that have been waiting for three, four years for the commencement of this Worldcenter, I implore you to please approve this item today, so that way, we can move forward and enjoy the benefits which everybody has discussing today that we all know are very true. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Andrew Mirmelli. Andrew Mirmelli: Andrew Mirmelli of 127 Northeast 11 th Street Properties, LLC, Pack Center Garage, LLC, M & G Northeast 2N6, LLC, 49 Northwest 1st, LLC, 116 West Flagler, LLC. I've been a tenant of the Miami Worldcenter for about six years now. We own the property directly north closest to Biscayne Boulevard to -- directly north of the Miami Worldcenter and directly south, closest to Biscayne Boulevard, as well as the property directly next to the Performing Arts Center, directly north of the property, north of the Worldcenter, north of the 395. We are very, very supportive of this project. When the Miami Worldcenter breaks ground, hopefully very soon, I will lose my largest account. I'm -- I've been performing their parking for the last six years. But that said, just like Mike (UNINTELLIGIBLE) been speaking at all these meetings, this is the most exciting project, the number -one thing for our area. And I just wanted to also state that it is very, very clear to me, because I work in the area, that the so-called opposition for this project that keeps coming out to these meetings I do not believe are really residents that are in opposition, but people that are being paid to be here by a disgruntled tenant of the Miami Worldcenter. I do not believe it's real, and I'm -- and I've been involved in a frivolous lawsuit by these very same people. Do not fall for their games and their ploys. Thank you for your consideration. City of Miami Page 129 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you, sir. Next. Mr. Hannon: Mitchell Newman. Mitchell Newman: Hello. My name is Mitchell Newman. I'm a landowner at 100 Northwest 12th Street. I've been a landowner in the Overtown area since 2008, and honestly, my land is -- been hanging on to the coattails of Miami Worldcenter for the past six years. I've had the pleasure of meeting with several of you. I -- this will change the area dramatically. I've heard estimates of 18,000 job creation and so forth. I think the real number is many, many, many times that. I know that my project will get off the ground as a result of this project here. I had the pleasure of meeting with former Mayor Manny Diaz, who called this a game changer. And I look at this -- you know, once in a while in life, you're set up for a slam dunk, and gentlemen, I think this is your slam dunk, so just -- they're feeding you the ball; just slam it home and get this underway. Thank you very much. Chair Gort: Thank you. Next. Ramiro Inguanso: Good afternoon. Ramiro Inguanso, Miami -Dade College, 300 Northeast 2nd Avenue, Miami Florida, 33132. On behalf of Miami -Dade College, we want to state our support of this project. As you know, the college, the downtown campus, lies just south of the proposed development. We believe that the various elements of this project will be very beneficial not only to the City of Miami, to downtown Miami, but to the college as well, to our students, our faculty, our employees, because it will make the area even more beautiful, safer, and bring lots of jobs to the area. So because of this, we encourage you to support the project. Thank you. Chair Gort: Thank you. Mr. Hannon: Aaron Butler. Aaron Butler: Hello. My name is Aaron Butler. I'm the owner of Avenue Real Estate Partners. We're a commercial retail real estate brokerage company. And I'm here in support of the Miami Worldcenter. It's exciting to see a project that has gone through so many different iterations. And the possibility that it's going to be coming now is very exciting for those in the commercial real estate industry that we have another world -class project to help to bring world -class tenants to. So again, here in support and hoping that this will pass tonight. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: The next five: Bill Riley, Al Crespo, Joseph Herndon, Tony Recio, and William DeGastly [sic] Bill Riley: Good afternoon, Mr. Chairman and Commissioners. My name is Bill Riley. I'm the business manager of the International Brotherhood of Electrical Workers and also the president of the South Florida Building Trades Council. You know, we're in support of the project. We'd just like to see a little -- concerns that we have addressed. You know, the objectives of the project that we see, you know, to relieve the rise in financial burden that's imposed on the City of Miami consumers and taxpayers caused by indigent healthcare costs, to assure legal contracting practices, and provide for safe working environments in the City of Miami construction projects, to provide a fair bidding process for responsible employers pursuing City of Miami contracts. And some of the benefits and things that we see is -- you know, this will enhance the growth, the stability within the City of Miami. The (UNINTELLIGIBLE) -- will help eliminate unlawful employers; compensation practices, such as untaxed cash payments to workers; 1099 miscalcification [sic] of illegally classing workers as independent contractors for the purpose of avoiding cost associated with lawfully conducting business in the City. It also will create -- City of Miami Page 130 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 and I think this is the most important one -- create jobs, good jobs that pay responsible employer [sic] working wages for families within the City, so they will have a good salary, good benefits, a pension plan, and health plan, and can be more productive citizens. Utilizing responsible employer and enhancing the level of -- will also enhance the skill level and professionalism in the City of Miami construction projects. It will also help with the encouragement of employers to give back to the community by participating in training our local workforce through State -certified apprenticeship programs, and giving everybody a way not just to get a job on that project, but to be able to have a career for their family where they can work for many years and progress through the system and be able to support their family the way a family should be supported. Thank you for your time. Chair Gort: Thank you, sir. Yes, sir. Al Crespo: Good afternoon. Al Crespo. First, I'd like to congratulate and say thank you to everybody who showed up here today. This is the way democracy is supposed to work. You know, especially, I'd like to commend those guys from that strip club. They all -- all the owners showed up. It's unfortunate, though, that none of them decided to bring any of the ladies along with them, you know; might have added a little spice to the occasion. The first thing, one gentleman talked about the professionalism of the staff. Well, you know, there's a problem with that professionalism, because if they'd been so professional, there wouldn't have been the changes that were made on the floor here today. The second thing is that all of you who talk about Miami, about the future of Miami, or the concern about Miami, you had someone who stood up here and said there's a possibility that as much as $23 million of new money could be given to the City as a result of these air rights; yet, nobody wants to wait 10 days to find out how much money could actually be given to the City. Do you really want to pass up on that money? You should be willing to wait 10 days so there can be a real appraisal of how much those air rights are worth. You talk about homelessness, you talk about education, you talk about streets and traffic and everything else. Twenty-three, or twenty, or $10 million more into the City coffers will be a valuable contribution that you should be willing to wait 10 days for. Lastly, Commissioner Sarnoff, you said that you reported on all the contributions that you had received from these folks. The Daily Business Review just released information on a blog, on a website that you received $10, 000 to your PAC (Political Action Committee) from this organization. Is that true? Chair Gort: Excuse me. Finish. Go ahead. Mr. Crespo: Well, no. That's -- the only -- Chair Gort: He'll answer later. Mr. Crespo: Okay. Chair Gort: (UNINTELLIGIBLE) answer now. Mr. Crespo: All right. Chair Gort: Okay? Mr. Crespo: Well -- yeah. How much money have you received from Nitin Motwani and all these partners in your campaigns, in your PAC? And that's it. Thank you. Chair Gort: Thank you. Next. Joseph Herndon: Commissioners, good afternoon. My name is Joseph Herndon. I am at 300 South Biscayne Boulevard. I represent MGM Development, LLC, and P&G Development. We're City of Miami Page 131 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 the developers of the Miami Expo Center. And I just simply am here to tell you that we hope that you will support and give your full support behind Miami Worldcenter's proposal and development. Our projects are very interconnected. It's very important that our projects commence, develop, and open simultaneously to make this a very successful venture, as successful as it can be for the City of Miami. And with that said, delays only threaten that success. So we ask for your full support and move ahead without delay. Thank you very much. Chair Gort: Thank you, sir. Next. William Delgado: Good afternoon, Chairman Gort, Commissioners. My name is William Delgado. I'm the president of the Latin American Business Association and been in the development business for over 30 years in this town. We're in full support of this item. I think this item deserves to be approved today. But being in the construction industry for so many years, we do have some suggestion for you guys today, and that is a program that we have had in our industry for years and years and years, and that is a licensed contractor. Now we're coming when the construction starts in this project, and the training of the workforce. And at one point, we were able to resolve this issue with Miami -Dade County where they wrote in the contract what is called the responsible employee language, 'hnd I hope that you take a look at it. I hope that we still have time to put it into this language so we can protect the people that work in that industry. This is not a union issue. Some people wanted to make it a union issue. And LABA (Latin American Business Association) is the only organization in the state of Florida where we sit, union and non -union members, and we're able to sit down and work out our issues and work out our problems, and agree or disagree, but always for the best, for the betterment of our community. So this is not a union issue. It's not a non -union issue. It's an issue that the industry have had for many, many years and I think it should be addressed before moving forward on the construction phase, because we do think that this is a great thing for the City of Miami. Thank you. Chair Gort: Thank you, sir. Next. Tony Recio: Good evening, Mr. Chairman, members of the Commission. My name is Tony Recio, with law offices at 2525 Ponce de Leon Boulevard. Thank you very much for having this hearing this evening. I will be very, very brief. I'm here on behalf of the Symptoms Group Money Big Block,'as well as MDMDevelopment Group, and I was going to speak on behalf of the Heat as well, but Kim Stone has arrived and she will -- you'll be hearing from her shortly. We are all in support of this project and we wanted to express that support here this evening. And we hope that this Commission will approve this ordinance this evening. Thank you so much. Chair Gort: Thank you, sir. Next. Mr. Hannon: The next five speakers: Eric Fernandez, Eric Fessler, David Polinsky, Justin Toal, and Valeria von Sperling. Erick Fernandez: Hello. Erick Fernandez. I have an apartment building in Overtown. My parents and I came to this country for one reason and one reason only, and that's for opportunity. And today you have a great opportunity in front of you. And I ask that you don't delay that, because this is going to create a great opportunity for every single person around the downtown area. You've heard your businessmen, you've heard residents, and you've heard the community come together in favor of this project. So I ask that you move this forward and that you move this forward today. Once again, thank you. Chair Gort: Thank you. Yes, sir. Eric Fessler: My name's Eric Fessler. I come from New York. I did a very similar project to this City of Miami Page 132 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 in New York that's very, very vibrant. I live right now here in Miami. It's added a tremendous amount of jobs, a tremendous amount of economy; everybody's lifestyle has changed dramatically to the better; it makes for a happier community, a better community, and a better place to live. And we're trying to make Miami that place, a better place. I think you should approve this very quickly. Thank you. Chair Gort: Thank you, sir. Next. David Polinsky: Thank you. My name's David Polinsky. I'm a resident and a condo owner at 1040 Biscayne, and while -- 10 Biscayne Boulevard. And while I reside there -- and I've often spoken on behalf of Museum Park District -- I have to say the Museum Park District will do fine with or without this project. It has lovely views of the water, two beautiful parks, couple nice museums, but what I really like about this project is what it does for the core historic downtown district for Overtown and Allapattah. I think it will create incentive and motivation for a lot of long-term property owners downtown to invest more in their properties and finally bring downtown to life, and I'm really looking forward to the jobs it will create in Overtown and Allapattah. Thank you. Chair Gort: Thank you. Next. Justin Toal: Good afternoon. Justin Toal, 47 Northeast 36th, Miami. I'm a partner in several real estate projects up and down the Biscayne Boulevard. You've heard a lot about the jobs and the hotels and convention center and the blighted community that this great project will so vastly help improve. I think the bigger picture that I want to make sure we highlight is that for Miami to really turn the corner from being a great American city to a great global city, there has to be urban connectivity. And what we don't have now with all these great monolithic concrete jungles of thousands and thousands of condos with no real dialogue between everything that's happening in the sky, and the pedestrian, and the streetscape, and that's something this project does really well, whether it's Union Square in San Francisco, Michigan Avenue in Chicago, all the great places in New York where this happens, and even next door in Miami Beach with Lincoln Road and even parts of Collins and other areas. The great -- the fabric of great communities is -- lies in the urban connectivity between the people, the pedestrians, and the streetscape, and all the things happening above it. I want to commend the developers and the architects of this project for doing a great job designing a really well thought out, mixed -use plan that can be truly transformative for Miami. They've turned this project inside out to invite the community and focus on the entire community at large and bring the pedestrian streetscape into this project, and that's something that I think is going to be really transformative for all of Miami. I strongly encourage you to support this tonight and not continue to kick the can down the road. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Valeria von Sperling. The next five: Andy Madtes, Alan Eichenbaum, Matthew Land, Nelson Duque, and Diane Boytell. Andy Madtes: Good afternoon, Commissioners. My name is Andy Madtes. I'm the president of the South Florida AFL/CIO (American Federation of Labor/Congress of Industrial Organizations), and I'm going to make quick -- very -- three quick -- very quick points here. One, we know this is going to create a lot of jobs. We hope that these are good -paying jobs with prevailing wage. Number two, I think it's imperative that they we make sure that these jobs go to the people who live here, work here every day, and that they stay in the community. That's of vital importance. And lastly, I would like to refer to you to a resolution that was passed here in 2009, 09-0450, which was a labor peace resolution. We hope you take a hard look at it and apply it to this project. Thank you very much. City of Miami Page 133 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you. Next. Alan Eichenbaum: Good afternoon, Mr. Chairman, Commissioners. My name is Alan Eichenbaum. My law office is located at 7890 Peters Road in Plantation. I am counsel for the South Florida Building and Construction Trades Council. I wanted to speak briefly about the 35, 000 jobs and how we ensure that along with a relatively small group of people that are going to make a lot of money off of this project that the 35,000 people that most likely are going to be citizens of Dade County are going to benefit, as well, and be treated fairly. As far as back as 1990, I was involved in the writing of an ordinance that Dade County adopted in which they had a responsible wage that applies to County construction contracts and for contracts in construction that is now performed on any County land. That ordinance has been in effect for almost 25 years. And in fact, the ordinance has been both strengthened and extended during that 25-year period, including as recently as 2012, when the County extended it to private partner -- a private/public partnerships and any construction on any County land that exceeded $5 million, and this project will clearly exceed the $5 million cap that the County has. The Federal Government has had the Davis Bacon requirements since 1931, and that has been in effect for over 80 years. Thirty-two states have responsible and prevailing wage ordinances; the District of Columbia; Broward County has had one since 1987; the City of Los Angeles has one. Many, many, many jurisdictions have prevailing wage ordinances. And there have been multiple studies on the impact, and I just wanted to read to you briefly from one of the studies that was presented to the County Commission back in 2012. "An overwhelming preponderance of the literature shows that prevailing wage regulations have no effect one way or the other on the cost to government of contracted public works projects. And as studies of the question become more and more sophisticated, this finding becomes stronger and is reinforced with evidence that prevailing wage loss also helped to reduce occupational injuries and facilities, increase the pool of skilled construction workers, and actually enhanced tax revenues." There's one other point I wanted to make. Chair Gort: In conclusion. Mr. Eichenbaum: Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Matthew Land. Matthew Land: Good afternoon, Mr. Chair, members of the Commission. Matthew Land, 14 Northeast 1st Avenue, Suite 1200, Miami, Florida 33132. I'm the political director for the Southeast Laborers District Council, as well as part of Bill 305, which was the local workforce hiring arm for the Port of Miami Tunnel Project. I'm here today to express overall support for the project, and to let you know that we do have some concerns with respect to the local workforce participation on the project, as well as the wages. Wanted to first kind of start off by saying I applaud all of the thoughtful comments and discussion made by members of the public, as well as members of the Planning & Zoning Board, as well as this Commission with respect to ensuring that we have a very local and diverse workforce on this project. We heard also (UNINTELLIGIBLE) successes at Bill 305. We're a local workforce hiring arm on the Port of Miami Tunnel Project, and are proud to say that we employed -- close to 90 percent of those workers were from Miami -Dade County and close to 30 percent of those were African Americans. Currently, I don't know what the amendments are with respect to jobs, that y'all are going to be considering today, but the development agreement before you basically states today best and reasonable efforts for minimum hiring, 20 percent of the workforce be from the City of Miami. I offer to you that Bill 305 can be a solution to some of the concerns that have been raised by members of the public and the Commission. We looked at -- we did an inventory of the workers we have in our local union, as well as some of the applications that we took in for the Port of Miami Tunnel Project, and we took in thousands of applications. We currently have 240 City of Miami Page 134 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 members that reside within about six or seven ZIP (Zone Improvement Plan) codes within your district, Commissioner Hardemon, that are predominantly Africa American, as well -- has high levels of unemployment. From the applications we took in, we have close to 800 people that could be assessed based upon their skills sets in construction, so combined over a thousand people just within Commission District 5 that readily can be trained or already have training that could work on this project. And speaking very briefly to the wages, Alan did a fantastic job. Again, the County set a standard that ensures construction workers earn a decent middle-class wage, and we think that the City has an opportunity to do something great here as well. Chair Gort: Thank you, sir. Mr. Land: Thank you. Chair Gort: Next. Mr. Hannon: Nelson Duque. Nelson Duque: My name's Nelson Duque, a resident, 28 Southwest 23rd Road, Miami, Florida. I'm part of the management team of a completely separate real estate firm who has zero interest in this project. As a matter of fact, we represent probably the direct competitor on a real estate end of this project. And I think what a lot of people here are missing out today is the basics of what we're talking about. We can sit here and argue about jobs; they're going to stay here. We can sit here and argue about whether project down the street spent $40 million for a club, but let's be realistic here. You're arguing against a group of people who are willing to put billions of dollars in private capital into a local economy that, for one reason or another, has attracted very large parties that do this, whether it be Brickell City Centre, Downtown Doral. This is a much larger evolution of the story of Miami. Eighteen Ninety -Six, Julia Tuttle fought to bring the Flagler Railroad down to Miami, and today, we keep pushing away people with the same vision. We keep putting limitations and roadblocks in front of people who have decided to invest millions and hundreds of millions and, in some cases, billions of dollars for the greater idea of this community. Many of those that spoke before me spoke about coming to Miami recently for the ideas of this project or others like it. I'm a resident of Miami, and I'm the product of a generation that came here 50 years ago for the idea of what was Miami, and it was a place that continued to evolve. And today we run the risk of stopping the evolution not just for this project, not just for Miami Worldcenter, and not just for a world convention center. It's a bigger idea and a basic concept. As a city, as a community, as an enterprise, we must embrace development for the greater good of not today, but of a hundred years from today when we look back and say, This is the reason Miami continues to be at the center of not just Florida, but Latin America and the United States as an economic whole." Chair Gort: Thank you. Next. Mr. Hannon: Diane Boytel. The next five: Sorah Daiha, Michael Smith, Marisol Garces, Marco de Alva, Perfecto Palacio. Chair Gort: Anyone here? Next five. Michael Smith. Hi. I'm Michael Smith. Chair Gort: Okay. Mr. Smith: I'm just supporting the Miami Worldcenter Development. I have no financial interest in the project, whatsoever, but I think this project is really greater than just downtown Miami. I think it will transform the entire urban landscape and fabric of South Florida forever and really support Miami's, I think, ultimate vision of becoming the next great city in the Twenty -First City of Miami Page 135 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Century, a truly global world -class city. And the reason I'm here tonight instead of just sitting home and watching TV (television) is because I hope 10 years or whenever it is from now, when I'm in the Miami Worldcenter having a cappuccino one morning and I see many businesspeople attending conferences and going to meetings, carrying about business, or one night with friends and colleagues out of town entertaining at a nightclub and showing them what the City has to offer, or with family having a wonderful dinner, 171 think of this day, and I'll be very proud to see the transformation from a bunch of blighted street -level parking lots and garages into a truly incredible development appealing to people of all generations, universally, worldwide that will really help the City's progress in future evolution. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next five: Kim Stone, Isilio Arriaga, Ana Santos, Juan Carlos Carrion, Ricardo Guzman. Kim Stone: Good evening, Commissioners. Kim Stone, 601 Biscayne Boulevard, andl represent the Miami Heat and the American Airlines Arena, major stakeholder in the area, and I just wanted to voice our strong support for this game -changer project. Did I jump in front of somebody? My apologies. My apologies. Did I jump in front? Unidentified Speaker: No. Ms. Stone: Oh. Sorry, Commissioners. So, again, just wanted to voice our strong support for this project in downtown. We've lived 15 years in this wonderful part of the City and look forward to having a project such as this bringing alive and making the area very vibrant. New Worldcenter should be commended as developers. They've been very transparent with us, and they've met quite often with us, and we are very supportive of this project and look forward to having it come to fruition. Thank you all very much. Chair Gort: Thank you. Next. Isilio Arriaga: Good afternoon, Commissioners. Isilio Arriaga, resident of 1100 Biscayne Boulevard. I speak to you as a resident of the City and the State of Florida, but also as a former president of the Greater Miami Chamber of Commerce and a former Florida Public Service Commissioner. So somehow, I have been involved with the development not only of our City, but of our State, and I believe that this project comes to fruition to bring to the City the development that the private sector needs to come forward with. We just finished spending almost a billion dollars of public funds in the tunnel to the port, which is a great enhancement to the City of Miami, but also to alleviate the traffic in downtown. Well, this project is the private sector's support of their own funds to the growth of our City. I never met Commissioner Sarnoff, but contrary to chastising him, I'd like to thank you, Commissioner, for all you've done for downtown Miami. I urge you to please vote "yes" on this project. Chair Gort: Thank you. Next. Mr. Hannon: Ana Santos, Juan Carlos Carrion, Ricardo Guzman. The next five: Gerard Vetming, Phil Spiegelman, Patricia Respreto [sic], Ana Santos, and Saliha Nelson. Gerard Vetming: Hi. Good afternoon. My name is Gerard Vetming. I am a broker with CBRE, one of the investment properties division, and I've worked on a number of land transactions recently. And what I can say is that my interactions with many of the investors and developers that are looking for new developments in Miami are -- look at this project, the Miami Worldcenter Project as a blueprint for what Miami can be. I think that it has proven to be a real catalyst in attracting attention, especially from overseas, and I'm in full support of it. Thank you. City of Miami Page 136 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you, sir. Next. Philip Spiegelman: Good afternoon. My name is Philip Spiegelman. I'm the principal and broker for International Sales Group, ISG, and like my colleague, Alicia Cervera, my company, over the last 20-odd years, has sold well over a hundred buildings in the Miami. We traveled the world promoting Miami to people from Latin America, from Asia, Canada, domestically, and this is the kind of vision for the City of Miami that we've been selling for so many years. This city needs this kind of development. It's worthy of this kind of development. And the principals of Miami Worldcenter should be congratulated, as you should, for having the vision to approve it. We urge you to give it a go-ahead today. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Patricia Respreto [sic]. Patricia Restrepo: Hello. Good afternoon. My name is Patricia Restrepo. I am the sales director for a beautiful project here in Miami. I'm here to support this project and to give it a go. It's more than amazing that we can count with people with such a vision and once again, please support the project and say "yes." Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Ana Santos. Emily Gunter. Emily Gunter: Good evening, Mr. Chairman and Commissioners. I am Emily Gunter of Urgent, Inc., a community -based nonprofit organization in Overtown. I'm the director of Building Literacy through Arts and Culture, and that's why I'm here. I am here speaking on behalf of the children, of our youth, because the youth are the future, and this particular project builds for the future. So on behalf of the children, I'm happy to share also that we have had 20 years of successful service to the children and their families of Overtown. I support and Urgent, Inc. supports on behalf of the children the ideas, the potential, and the transformative nature of the Miami Worldcenter. It is poised to have a great effect on Park West and Overtown communities, and these communities are in need of a true economic development anchor that's going to be here for years to come, for my children, my grandchildren and my -- and on and on. I live in Overtown now. I work in Overtown at Urgent, Inc., and we are so honored that it is -- to say that it is our understanding that the Miami Worldcenter has committed verbally to the corporate, social responsible values of community connectivity and economic opportunity. It is also our understanding that the Miami Worldcenter will enter into a development agreement that will ident how the Miami Worldcenter will act on these values. Now, it's one thing to say what you're going to do, but it's another thing to say how you're going to do it. And in that how" includes my youth. Thank you. Now, it is Urgent, Inc.'s mission to empower the youth to transform their communities and this particular opportunity helps us to make sure that we're creating a pipeline to -- for the talent to go into the Miami Worldcenter. Are you saying my time is up? Chair Gort: Thank you, ma'am. Yes, ma'am, it's been up for a while. Ms. Respreto: Okay. I thank you so much. Chair Gort: Thank you for -- Ms. Respreto: But remember the youth. Chair Gort: Thank you. City of Miami Page 137 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Ms. Respreto: Thank you. Mr. Hannon: The next five: Nathan Kurland, Carlos Rodriguez, Gwendolyn Smith, Elie Philippe, and Harold Clark. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Mr. Cromer, if you're still here, I am not a distractor. I would like to say that I love the City. I love Miami. This is my home. But I would like to take this opportunity in front of everyone to thank all of those people who have attended countless PZAB (Planning, Zoning & Appeals Board) meetings. I'd like to thank members of the media who have raised questions that really were not being raised by the developers. Questions like, this is a SAP (Special Area Plan), a special area project that created musical chairs with liquor licenses. This was an SAP that potentially gave away millions of dollars in air rights. This was an SAP that eliminates a great deal of the control the PZAB and the City has over development. I'd like to add that I still believe that it still does. And further, as a member of Scenic Florida and Scenic Miami, I'd like to say that this was an SAP that further eroded control over the visual pollution that's spreading throughout our City. Ladies and gentlemen, we have probably one of the few municipal buildings in the entire United States of America that has seen fit to put beer ads and developments for Sunny Isles on our MRC (Miami Riverside Center) Building. I find that revolting. And so Mr. Cromer, when you talk about people, we are not obstructionists, we are not distractors. We love our City. We ask for questions that needs to be asked and, hopefully, as Commissioner Sarnoffpointed out and Francisco Garcia, hopefully, we help to make it better, and I hope that citizens never stop asking those questions. Thank you. Chair Gort: Thank you, sir. Mr. Hannon: Carlos Rodriguez. Carlos Rodriguez: Good afternoon, Commissioners. My name is Carlos Rodriguez. I work at 1035 North Miami Avenue. It's within the boundaries of the development. I have two primary concerns, the first being traffic. The lack of any interim parking plan could be disastrous for the area, given the dense event -based nature of traffic in the area. And secondly, the proposed street closures will only add to the traffic mess. That being said, I ask that you defer your vote on the development. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Gwendolyn Smith. Gwendolyn Smith: Hello. My name is Gwendolyn Smith. I'm with Local 1652. I've been with them for 14 years. I'm a certified operator. We have certified union members. We have a construction school that have skilled laborers, and we have been out of work for a long time. They are not giving us any work, so consider the project. Appreciate you. Chair Gort: Thank you. Next. Mr. Hannon: Elie Philippe. Elie Philippe: Good afternoon, Commissioners. My name is Elie Philippe, and my address is 325 Northwest 33rd Street, Miami, Florida, 33127. Today's decision is just one of the many that the City will make about this project. As the City proceeds, it should keep certain facts in mind: Hotel jobs dominate Overtown. Already, 40 percent of Overtown residents are -- actually have jobs in accommodations like hotels. That's 40 percent. The future of hotel jobs will determine the future of Overtown. Do these jobs bring people out of poverty? Well, Overtown earns less than 14 -- half of Overtown earns less than $14, 000. When you cross the tracks, over half earn more than $48,000. Very few of them work in hotels. We can't allow Miami Worldcenter to City of Miami Page 138 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 create more low -wage, no -benefit jobs that keep people in poverty. We need to work together to solve the problem of poverty. And that's just for those who have jobs, unemployment is 70 percent higher in Overtown than on the other side of the tracks. Overtown is 88 percent black; across the tracks, it's 88 percent not black. We can't continue to support developments, unless those developments confront this reality and make serious efforts to solve the problem of poverty in Overtown. This project has not yet done this, but an enforceable agreement to hire and train Overtown residents for living wage jobs would set us down the right path. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Harold Clark. Harold Clark: Good evening, Commissioners. I represent the people from Overtown. They look forward to this project; it's very worthwhile, and they look forward to the job aspects of it just as my -- (UNINTELLIGIBLE) just said. But this is a worthwhile project, and we look forward to it. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: The next five: Steven Carol, Priam Rosenberg, Dalia Lagoa, Brad Knoefler, and Alison Ho. Steven Carroll: Good afternoon, Commissioners. Everyone appears to want this project. There's no doubt; I don't think this project won't be approved. It's just I think the issue is tonight is whether or not to approve it tonight, or to move forward, or to hold this project. This particular district has its issues and really needed a project like this maybe yesterday or some years ago. This district has a lot of issues. As this young man just stated a little while ago about the jobs, yeah, we really don't need more hotel jobs, but there's a whole lot of other types of jobs that will come from this project. The other issue that I have, and having spoken with Mr. Nitin and his team, is that the fairness of when these type of projects come to our community that the people that live within the area or within that district usually are overpassed and don't get a chance, so is there any way that in that agreement that there's some type of preference for people that live within the district, within that area, within the district that they get apreference when they're doing the hiring? But -- and I think these other rules, these waivers that are being asked for, I mean, I think that's a small price to pay for what's really going to come out of this project, so, I mean, you know, to move this project tonight would actually be doing a great favor for this district, because every day, there's a different catastrophe, every day. Thank you. Chair Gort: Thank you, sir. Mr. Hannon: Chair, if I could get the speaker's name for the record? Sir, your name for the record, if I could just have you speak it in the microphone. Mr. Carroll: I'm sorry. Steven Carroll, here from Saint Agnes Episcopal Church, on behalf of Father Denrick Rolle. Mr. Hannon: Thank you, Mr. Carroll. Dalia Lagoa: Good evening. My name is Dalia Lagoa. I'm a resident of 900 Biscayne Boulevard and president of the Downtown Neighbors Alliance. As a group of residents that will be impacted by this development, I want to state for the record that we are fully in support of the Miami Worldcenter development. We are very grateful and thank all the citizens that voiced their concerns, and we thank you for listening to them and for addressing the issues that were raised. We look forward to seeing the language that is being proposed, and hope that this project goes forward and is successful. Thank you. City of Miami Page 139 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Priam Rosenberg. Brad Knoefler. Brad Knoefler: Good afternoon. My name is Brad Knoefler, 133 Northeast 2ndAvenue. I'd like to start off tonight by just saying I've always been a big supporter of development in downtown for years, focusing on redeveloping buildings and actually doing development the correct way. I don't know of anybody in their right mind who is against this project. I mean, anybody who wants the neighborhood to stay the way it is, in my opinion, has to be a little bit off. But I'm going to tell you what I'm not supporting here, which is corporate welfare and handouts to the wealthy. Why, with all the financial problems in our City, are we giving subsidies to the wealthy? If Worldcenter has $2 billion to invest, why can't they spend less than one percent of that to pay a fair price for public access? In this case, when we're talking about corporate welfare and handouts, we're talking about $20 million of air rights; we're talking about 25 liquor licenses. It's supposed to be a luxury mall; not an entertainment center, or casino or strip mall; potential for unlimited billboards and a 60 percent reduction in the green space requirements that are required by code. Every one of these concessions has an economic value to the developer and constitutes a public asset. Now, as elected officials, you are charged to look out for the public interest as well as those for the developers. How can you logically believe that giving away all these public assets for free is in the public interest? I certainly don't. But even if you do believe these concessions are needed and justified, which it seems like you do, based on the last Commission vote, I beg of you to address one issue that hasn't been spoken about here tonight at all: unlimited assignability and transferability of these concessions. It's really obvious, more and more so, especially with xmiami. com article that came out where Nitin Motwani was on the record in a deposition saying that he was not going to build the project, trying to get as many public concessions as possible so they can flip it. They haven't submitted any plans to the City, which means what we're talking about in terms of the renderings are not legally going to be forced to be built. To allow the project to be transferred with all these concessions and no City controls is irresponsible. In the commercial leasing world, there's no landlord that I know that would allow unlimited assignment without its approval. You need to know who you're doing business with. Now, I don't want this to be flipped to a Vegas strip club operator, nor a Chinese casino. And with the way this development agreement is written, this is something that can potentially happen. So -- Chair Gort: Thank you, sir. In conclusion. Mr. Knoefler: Yeah, let me just finish up, two seconds? Chair Gort: Yes. Mr. Knoefler: Okay. Chair Gort: You got it. Mr. Knoefler: Basically, in a few years, you're all going to be out of office. Commissioner Sarnoffs out of office next year. Those of us that live and work in the neighborhood can be left holding the bag once this project's flipped to whoever. Please defer this and address the neighborhood concerns in a correct document with a public hearing period. Chair Gort: Thank you, sir. Mr. Knoefler: Thank you. Chair Gort: Appreciate it. Next. City of Miami Page 140 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: Alison Ho. Alison Ho: Good afternoon, Commissioners, City Management, downtown business owners and residents of the City. I'd like to first off thank you, thank those who inspired and encouraged me to become a part of today's forum and concern of our reaction to the possibility of moving forward the Miami Worldcenter project. My name is Alison Ho, and I'm a student of permaculture and earth burning, and I'm also a resident of downtown Miami at 50 Biscayne. I come forward today because it is my duty as a steward and member of the environment to give a new, fresh perspective of this project; not of finances or profit, but of ecological values and sustainability. According to Toby Hemingway, who wrote "Gala's Garden," ecology is concerned with the interrelationship of organisms and their environments. A healthy ecosystem is ecological because they connect one organism -- people -- to their environment. I do not think this project is an ecologically sound decision if we are not allowing more green space. The air rights that are surprisingly given for free to this project amount to 10 to $15 million that could be used for park space, which could bring the community together by creating State parks, or even urban gardens, thus vanquishing food deserts, which are areas that have only gas stations and fast-food restaurants. We could use that money to improve sidewalks; cultural programming, such as the free yoga practices held at Bayfront Park that I go to, and overall quality of life. I will never forget the positive impacts Grand Central State Park had on the community that was eventually closed down to corporate greed. There are two variables we should remember when we are moving forward, and that is the land and the people. Not only do we need to think about reducing our carbon footprint and looking for leverage with the climate by incorporating more green space, but we need to especially think about the people. What values are we passing on to the next generation by creating shopping centers, bars, or even casinos? Imagine if we created more places for musicians to feel inspired and jam out; kids to feel safe, away from traffic, to play; and residents to nourish their spirit and creativity through park space. Chair Gort: Thank you, ma'am. In conclusion. Ms. Ho: Okay. I cannot stress enough the importance of not ignoring climate change, so, friends, I just really want to acknowledge that I think it's important to keep the environment in mind when we're creating any sort of design project. And, honestly, I will not stand with any project that has a short-term worth of superficiality than an ecologically sound one. Chair Gort: Thank you, ma'am. Ms. Ho: Thank you. Chair Gort: Thank you. Next. Mr. Hannon: The next five: Natalie Davis, Mia Soughoyar, Eduard Eddy, Christopher MacLeod and James Adams. Chair Gort: Next five. Mr. Hannon: Natalie Davis. Natalie Davis: Hello. Thank you for the opportunity to voice our concerns. My name is Natalie Davis. I live in 50 Biscayne, downtown. I am both a resident of downtown, and I also work in the area. I'm here as someone who has become increasingly concerned with the future of this neighborhood, especially with all of the big changes on the horizon. For the record, I do support this project. I think, you know, it can bring some really positive changes, some positive attention to the area, and that really isn't my concern and why I'm here today. What I do not support is the fact that has been overlooked by many, and it is that the language in the development agreement City of Miami Page 141 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 for this project eliminates any kind of approval process for deciding which kinds of businesses occupy this available space. Allowing the project to continue forward without the proper oversight and government regulation concerning the use of the space says only one thing to me: that my City officials are not looking out for the best interests of my community, which only makes me wary for Miami's future. I am not the only one taking notice of this. It is no secret that Miami is experiencing an influx of young professionals, just like myself, moving to the City to potentially establish roots here; however, this generation is a smart one. We realize that in order to be a world -class city, we must exhibit some class. If this project proceeds as is, it would be completely possible for anything to fill that space. I'm sure you can imagine, as well as I, the kinds of establishments which could easily fill the space, lacking the appropriate government oversight. I don't know about you, but with so much attention placed on this new area of development, I want some kind of assurance that what occupies the space represents us in a positive way. As of now, we do not have this assurance with the language in place. Thank you. Chair Gort: Thank you, ma'am. Francisco, I hope you're taking note of all this so you can answer all these questions and the procedure that have to be followed. Thank you. Yes, ma'am. Mia Soughayar: Good afternoon, Mr. Chair, Commissioners. My name is Mia Soughayar at 1035 North Miami Avenue. As a property owner and business owner in Park West for over 10 years, I'm very excited by the project of Miami Worldcenter. Clearly, development in the area is long overdue. However, I believe we cannot let all this excitement cloud our judgment. The City of Miami has certain processes in place to review and approve various items, such as billboard signs, liquor licenses, parking plans, et cetera, and these exist for a reason. They serve as checks and balances to ensure that things are done in a proper way that looks out for not only the benefit of the developer, but the surrounding community, as well. For this reason, I'm concerned that the developer is asking for so many questions and special exceptions, and the City seems a little too eager to oblige. I believe these items must be deferred to a further date when these outstanding cloudy issues of liquor licenses, air rights and billboard rights can be further explored and explained. As it stands today, there are just too many question marks to rush into these items through a second hearing. We all want to see Worldcenter succeed, but to succeed in the right way. We trust you as our Commissioners to protect our interests. Commissioners, I strongly urge you to consider a deferral to ensure these interests are well looked after. Thank you for your time and consideration. Chair Gort: Thank you, ma'am. Ms. Soughayar: Thank you. Chair Gort: Next name. Eduard Builes: Hi. My name's Eduard Builes. I was going to say my name was "Crazy Eddie," but, I mean, it was already trademarked or copyrighted, so my name's Eduard Builes. Anyway, my favorite song is Gwen Stefani, "What Are You Waiting For?" And I'm the one that came up with the original idea for "Fight Hunger in the Universe. " You know, I told it to the universe, and it came true. I promote the Museum of Contemporary Art. I promote divorce attorneys and umiifc. com. I have ADHD (Attention Deficit Hyperactivity Disorder), and I also go to school at youowepeople. edu, where everyone could get a four-year computer degree for $4, 000. So I want Futurama back in the air, but like Alison was saying, everyone is stressed out, and I recommend this website, doyogawithme.com, because it's free yoga for everyone. And I'm not really suppose -- opposed to this idea, but it's just a condition women face nowadays. I'm a feminist, so therefore, saying I'm concerned about the sexual harassment of women that face -- they include police departments, CSA agents and female engineers. I'm an IRS (Internal Revenue Service) informant. I suggest everyone learns the IRS form 211 to report tax evasion, and protect the public, and improve the system from mental slavery. I don't trust you and I don't love you. City of Miami Page 142 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you. Next. Christopher MacLeod: Good afternoon, Commissioners. My name's Chris MacLeod. I reside at 2430 Inagua Avenue. I'm a property owner and business owner having been involved in the Park West area for over 10 years now. I guess I'm here primarily to express my concern as to why this project seems to be running through at such a rush pace. This is a project that's going to have very, very lasting ramifications with a huge scope, so with so many things still up in the air regarding the specifics as to job creation, liquor licenses, billboards, and the zoning exceptions for air rights, it would seem to me that we should be waiting at least one or two deferrals to figure out exactly what it is that we're talking about as opposed to some rushed floor amendment. On top of the fact by -- that I just read recently in an article earlier this afternoon that the developer, primary operating officer Nitin Motwani, has admitted in a court deposition that he, in fact, will not be building the project and intends to instead flip the project to other developers. This leads me to question who it is exactly that we're going to be forming this public/private partnership that keeps on being mentioned. If he intends to flip the project and Miami Worldcenter is not who we're going to be dealing with, then who are we going to be dealing with, and how can we be giving away so many concessions without even knowing who our public/private development partner is going to be? It would seem with all these things up in the air that we should kind of get the rules of the game a little bit more tied down before giving away so many things to a body as yet to be known. Chair Gort: Thank you. Mr. MacLeod: So I would urge this Commission to defer this to at least the next hearing so that we could get things a little bit cleared up. Chair Gort: Thank you. Mr. MacLeod: Thank you for your time. Chair Gort: Next. Mr. Hannon: Bishop James Adams. James Adams: My name is Bishop James Adams. I'm the senior pastor of the Historic Saint John Church that has been in Overtown for 109 years. I represent not only the church, but also our CDC (Community Development Corporation), which is involved in eradicating blight in our community. I support this project with a slight reservation. I want it to be clear that all of the bases and all of the concerns that have been brought forth, in regards to jobs and investment in the community, should be thoroughly thought through; we don't want to get this wrong. I believe that this is a great project; it will open up opportunity. I believe that even my district Commissioner has a wonderful plan in seeing to it that the moderate -- rather, monitoring of jobs and making opportunity available to the existing community. I will support it as long as it doesn't decimate an already fragile community. Thank you. Chair Gort: Thank you, sir. Anyone else? Mr. Hannon: The next five: Rodolfo Lorenzo, Lilian Slater, Stephanie Martin, Dorothy Pelicie and Vera Brownlee. Lillian Slater: Good afternoon. Chair Gort: Good afternoon, ma'am. Ms. Slater: For all the years, sweethearts, we've been here, I've been here before it was built. City of Miami Page 143 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Oh, let me give you my names [sic]. Okay, Lillian Slater, 1640 Northwest 4th Avenue, Apartment IOC. I live in the heart of Overtown. For many years, when we -- Marie Acker was living, we all come here, and we did quite a few (UNINTELLIGIBLE) a whole lot other Commissioners have gone on and -- but the few live is right here. Commissioner Sarnoff, he sitting there; Commissioner Gort; and Commissioner Suarez, and we have been here for years, so now times has come. Overtown has been left out for many years. Commissioner Gort, you all know, but it's time to get it right. No matter what color we are, we must stick together. I support this for a reason: I want all -- from 5th Street, 7th Street, 8th Street, whatever, 11th Street, 3rd Avenue, whatever, we want all these things to come together. We need to build (UNINTELLIGIBLE) back for all these years. We've had good times, because we are the one that built Miami. The Bahamians was the first one that come here and dock before this was built, so I guess you all know I'm kind of old, but I'm still here. Chair Gort: No, you're not; you're young at heart. Ms. Slater: Okay, darling. Well, I thank you. Chair Gort: Thank you. Ms. Slater: And make sure you all get out and come Overtown. You know where I am. You all know; want to just get there, okay? Thank you. Chair Gort: Thank you, ma'am. Mr. Hannon: Rodolfo Lorenzo. Rodolfo Lorenzo: Good afternoon, Commissioners. My name's Rodolfo Lorenzo from Overtown business, 1451. I been in Overtown for 14 years, and we definitely need those jobs. I seen the community looking for those jobs for the past 10, 14 years, and we need it. We need it now, because without them, our business going to suffer, and we still struggling, so I urging you to support this project for the future and you're going to see your name 15 or 17 years from now that you make Miami a great city. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Stephanie Martin. Stephanie Martin: Hi. My name is Stephanie Martin. Hello, everybody. I'm sorry, this my first time, okay? My name is Stephanie Martin, and I been a resident in Overtown for 12 years, and I read about this Miami Worldcenter in the newspaper, and I said, "That sound like a good idea," so I made my way down here to just say I support it because of the jobs and opportunity to build up the community. Thank you. Chair Gort: Thank you, ma'am. Next. Vera Brownlee: Good evening, Chairman and Commissioners. My name is Vera Brownlee. I live at 804 Northwest 5th Avenue. I've been a resident over 22 years in Overtown. I am a graduate of the Miami International Hospitality Center, the thing she was talking about earlier. I feel that Miami begins with me. I am a DBPR (Department of Business & Professional Regulation) Contracted Food Service safety provider, so I am ready for these jobs to come in here. I support this, and I hope you guys support it right now, and just stamp it; let's get it done. Thank you. Chair Gort: Thank you, ma'am. Next. City of Miami Page 144 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Dorothy Pelicie: Good afternoon, Commissioners and affiliates. My name is Dorothy Pelicie. I'm a homeowner, and I've been here for over 50 years, and I, too, have seen quite a lot of change in the Miami area. Now, my main concern for being here, yes, I do support the projects, but with conditions. We're looking at jobs for the community and the surrounding areas, and we're also looking at when all the construction is over and then we got the big beautiful building and the scenery, there still should be permanent jobs available and business for small businesspeople. We hire people; small businesspeople, they hire, they have employees, too. And I want -- I look at this building, I look at that project, I'm saying, "Is there anything in there for the small businessman? Will there be permanent jobs for the ones that are here when all of this is said and done?" And also my -- I have -- another concern is we have this big building going all the way across, but we're blocking the community from its asset. There are people that works on the other side of this project that's being built, and they're blocking it. Now, at night, the night employees, they got to go all the way around and then come down and back to get into their community from the job that this project is blocking. I'm not against the project. Please don't look at it like -- I support this project wholeheartedly, because I see what it's doing. I see the future of what it can bring in here. But this "Maceo" thing, please let them put a hole in that wall so that people that work over there can come through without going all the way around, and make it secured. Thank you very much for listening to me, and thank you very much for your time. Chair Gort: Thank you, ma'am. Mr. Hannon: The next five: Charles Haynes, Mia Soughayar, Pablo Rodriguez, Marco de Alva, Ted Weitzel. Chair Gort: Yes, sir. Charles Haynes: Good evening. My name is Charles Haynes. I live Overtown, 219 Northwest 14th Terrace. I been a resident of Overtown 52 years. I want to say something to my Commissioner Hardemon. Thank you for the park and keep the good work up. I'm here today to back Miami Worldcenter. It's buzzing in the neighborhood that we really need this, so I'm here today to tell you, please pass this bill. I got over 100 signature that want this bill to be passed. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Pablo Rodriguez. Chair Gort: Pablo. Mr. Hannon: Marco de Alva. Ted Weitzel. Ted Weitzel: Mr. Chairman, Commissioners. Ted Weitzel, Poinciana Village, 201 Northwest 7th Street, Miami. I'm the developer of Poinciana Village, and I will admit I have a vested interest in this, and it's very important to me that this be passed as quickly as possible, and also, the convention center with the Marriott Hotel. You know, I have a lender lined up to finance my last phase, and a condition is that these two projects get started. So, like I say, I have a vested interest; I don't mind saying so. So please don't delay; pass these. It's urgent for me as well as part of the community. Thank you. Chair Gort: How long have you been at it? Mr. Weitzel: Say that again. Chair Gort: How long have you been at it? City of Miami Page 145 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Weitzel: I've been in Overtown since 1980, which is -- what? -- 34 years. And I've been in Poinciana Village since 1988, so I'm ready to finish it. Chair Gort: Thank you, sir. I think we're ready for having you finish it. Thank you. Mr. Weitzel: Thank you. I appreciate that. I'm ready to go. Mr. Hannon: The next five: Lillian Slater, Ysilio Arriaga. Chair Gort: He already spoke. Mr. Arriaga spoke directly. Don't repeat the list. Mr. Hannon: Sounds like they ordered a second bite at the apple. James Smith, Javier Fernandez, Ricardo Guzman. Javier Fernandez: Good evening, Mr. Chairman. Javier Fernandez, with offices at 150 West Flagler; here on behalf of Island Living Apartments, Ltd. (Limited), one of the handful of affordable housing developers building, in partnership with the CRA (Community Redevelopment Agency), new multi family affordable housing in the immediate area. I'm very excited about the project and the opportunity to provide those residents along with needed amenities [sic], so we urge your support. Thank you. Chair Gort: Thank you. Mr. Hannon: Last five: Francios Illas. Chair Gort: He already spoke. Mr. Hannon: Already spoke. Timothy Washington, Brian Basti, Bob Powers and Nitin Motwani. Chair Gort: Yes, sir. Timothy Washington: How you doing? My name is Timothy Washington; address, 900 Northwest 124th Street, Miami. I'm a graduate of political science from FAMU (Florida Agricultural and Mechanical University). I'm for the project, but I think a slight delay wouldn't hurt the project; delaying to make -- to ensure that tax dollars aren't wasted; ensuring that what is said is going to be done is going to be done, because if -- it's like today, we can use the tax dollars to do something for the surrounding areas that's still rundown instead of just throwing it away in this project that -- who knows if what they said is going to be done is going to be done. Thank you. Chair Gort: Thank you. Next. Brian Basti: Good evening, Chairman, Commissioners. I'm here in support of the Worldcenter project. Along with my support comes my concerns. Are we getting what we're promised once we approve the project, or will it be flipped to the highest bidder? I feel that with a project this size and the impact it will have in the City and the area, the City officials and the citizens need to know exactly what they're getting. I'm asking the City to take their time in approving the project to be 100 percent sure they're doing the best for the citizens and the future of the City. Thank you. Chair Gort: Thank you, sir. Robert Powers: Bob Powers, 565 Northeast 66th Street. There's no doubt in my mind that this project will go forward, but we also need to remember a couple of passes that we've had; Midtown is one. We had a really great, shining, gleaming star that was supposed to happen at City of Miami Page 146 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Midtown, and then what happened? It didn't happen; only a portion of the project got built, because it got turned over to other people. The thing about this is that this City loves to run into projects that are really big, and fabulous, and great with no forward thinking thought. Number one is this project's going to take up three blocks of downtown, and there's absolutely no mention about metro -- the Metromover, or building a link into the Metromover, or making it work with that. It's going to build a convention center. There's absolutely no link between that convention center and the Miami Beach Convention Center, which you need to have if you're going to have a world -class city. You guys need to think about this stuff. There's nothing about parking application. Where are the parking garages going to go? Where are people who -- if you're going to put in four or five thousand residences there, where are people who are going to come visit going to park? These are all legitimate concerns, and this has nothing to do with how great this project is or any of that, but these are practical planning problems that have not been vetted, which have to be vetted before you undertake such a drastic project, and it -- I'm just -- it's amazing how fast this moved through. I mean, this was something that started in the beginning of the year, and now, all of a sudden, we're at an approval thing? Swire spent two and a half years going through an approval process, did they not? They did; two and a half years from beginning -- from inception -- Yes, Marc; two and a half years, Commissioner. Chair Gort: Excuse me. Mr. Powers: Two and a half years. So be very -- lots of people come down here. Only one guy ever, ever did what he did historically, and that was Flagler; built the railway and built a hotel. Chair Gort: Thank you, sir. Mr. Hannon: Bogdan Moisa. Bogdan Moisa: Good afternoon. My name is Bogdan Moisa. I live and work in downtown Miami. I am here with a group of 50 people on behalf of MDM When -- we do support the project. I hope it'll pass through. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: The last speaker I have is Nitin Motwani. Nitwin Motwani: Mr. Chair, Commissioners, thank you so much for spending so much time thinking through and hearing from the public. If I could just ask for a few minutes to just take a step back and take a look at what we've done here. We're incredibly excited We've been very transparent. We've had probably over a thousand people attend various meetings, some in Park West, some in Overtown. We've received another hundred letters of support from Overtown this evening; 72 more the time before that, and 35 from our first hearing; over 200 letters of support from Overtown; over 150 letters of support from condo owners and business owners; institutions as important as the American Airlines Arena, Miami Heat, Miami Dade College, All Aboard Florida, all here in support of our project. We are bringing in other developers to our project; there's no secret. We've been very blunt. Fords and Toddman (phonetic) are world -class retailers. They secure Bloomingdale's and Macy's to bring a million square feet of world -class retail to your downtown. MDM, a group that has only developed in Miami, who revitalized Dadeland, revitalized Brickell and now revitalized downtown, are bringing you an 1800-room convention hotel with 600,000 square feet of meeting space. We are bringing in world -class developers, and we're proud of that, and we will continue to do what's best. What we talked about are 15 acres. We still have an additional 12 acres, and there's a number of exciting conversations that will go through a public process. So when we sit back and we reflect on where we are today, we're humbled to be here. We're excited by the overwhelming support that we've received We look forward to your approval tonight, ifI can be so bold, in getting this project out of the ground. Thank you. City of Miami Page 147 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Thank you. Okay. Mr. Hannon: I have one more speaker, Chair. John Lozada. John Lozada: Good afternoon, everybody. I have two reasons to support this project; one of them is because I live in the area, 915 Northwest 1st Avenue, 33136; and the second one, because I work for MDMHotel Group. That company give it [sic] to me the opportunity to start working as a room service overnight, and now I'm running an (UNINTELLIGIBLE) position. And if the company will be part of this project, I'm really sure we need opportunity like that to people when they want to grow up, they want to be a part of Miami City and make a life here. We need to support projects like this. Thank you. Chair Gort: Thank you, sir. Is that our last speaker? Mr. Hannon: That is the last person I have signed up to speak, sir. Chair Gort: Okay, we now close the public hearings. At this time, what I would like, a lot of questions came up through the procedure that I think they should be answered by the Planning Department; lots of questions about the parking, the facilities and so on; the air rights and the whole works. Mr. Garcia: Thank you, Mr. Chairman, and I'll be happy to do my best. The first thing I'd like to clarify is that this is not -- what is before you today does not constitute the final approval for the Miami Worldcenter development project. This is a text amendment which amends a master plan for development of the area that has existed for approximately eight years, and dates back to an old zoning ordinance. So the best way to accurately describe what is before you as the Commission today is we are taking a master plan that was previously approved. We are taking those development rights and revising them to allow them to better respond to present-day market demands. I'll say again today what I've said in previous meetings, both before this body and others, we can assert that the development capacities contained in the package before you today are a very approximate translation of the development capacities that already existed under the old Zoning Ordinance. The great advantage to the City, of course, of having these regulations, this revised master plan respond to Miami 21, the present-day Zoning Ordinance, as opposed to Zoning Ordinance 11000, is that there will be more predictability, more clarity, and certainly, a better equipped workforce at the City of Miami to be able to properly administer each and every permit that will be pulled by the developers on a building -by -building basis. I emphasize "building -by -building basis" because if approved today, this master plan simply sets forth, once again, development capacities. It does not approve any particular building or any particular structure. Each one of those will have to come for review and approval individually as a warrant permit. And a warrant, for those of you who may not know, is -- requires design review and approval by the Planning & Zoning Department ultimately; however, if there is a notice requirement, if anyone feels they are aggrieved or there are any potential adverse impacts, those permits themselves can be appealed. The next point I wanted to make briefly is it has been mentioned by a number of speakers that they felt perhaps this process was rushed, and I'd have to emphatically disagree. We have been very thoughtful, very careful, very methodical in reviewing this project for over 12 months now; probably closer to 18 months from the beginning. And I emphasize that unlike Brickell City Centre and others, this project was already a known entity. This project had already existed in the books and the staff at the Planning & Zoning Department had been familiar with roughly the development capacity involved, and roughly the urban design components of the project. So it has been, again, between 12 and 18 months, depending on where you start, to refine a project that already existed, and, of course, we believe that has resulted in significant improvements, which is why we are supremely comfortable in presenting it to you today. That said, it is certainly the case that at the last minute -- and this happens often, and for good reason -- there have been a few changes and a few clarifications. City of Miami Page 148 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 We would like to say to you, Commissioners, that, as your staff, we are always looking for ways in which to improve the product we bring to you, and a number of the last-minute changes have been precisely because we have felt that additional clarity could be infused into the document, and that the document would benefit from it, and we, in turn, will benefit from it once they come in for permits, et cetera. Having said all that in general, there were a few specific issues that I wanted to address, because, again, they were brought up and I think they merit consideration and response. There are concerns about whether there are appropriate provisions for parking structures, parking spaces, et cetera. And the plan does provide for a fairly detailed -- in fact, a very detailed strategy for parking, which we certainly feel is appropriate, and there is, again, as presented to you today, an enhancement over that which was approved under Zoning Ordinance 11000. Some of the clarifications that have been made today as presented to you at the very beginning of this portion of the hearing, but again, for those who may have missed it, because some did address it in their respective comments, were the issues of -- and again, it keeps being addressed as "air rights," and that's fair. We'll talk about them as air rights, but they really -- we address them in the development agreement as "user fees" or "right-of-way encroachments." Let me speak about those for a moment, because this is one where I think maybe reasonable minds can differ. I will tell you this: Some of the right-of-way encroachments, quote/unquote, that could happen are connective tunnels underground between parking garages, which, quite frankly, are very costly in and of themselves, and quite frankly, would simply benefit a great deal the porosity of the area and the ease of the flow of traffic. So when you take into consideration that they are of benefit to the City, of benefit to the area in terms of traffic management, and they imply a great cost, that, I think, is a significant benefit to the City of Miami that is worth being considered, which is why there was a section in this development agreement previously that considered as a placeholder the ability of the City to reduce some of those fees that might be associated. So put simply, although the City understands and reserves the right to assess fees for use of the public right-of-way, that is there to ensure that whatever improvements are made over the public -right-of-way are not only beneficial to the individual property owner to the detriment of the City, but are actually beneficial to the City; that is the City's role as a steward of the public right-of-way. To the extent that improvements are made over public rights -of -way that benefit the City as well, arguably, then we would do well to consider those. All that said, and to be abundantly clear, that has at present been removed from the development agreement. There are no specifics -- and this is another point that was brought up -- with this document as presented that contemplated this point in time any improvements above, through or under the public rights -of -way. The one there is -- and this is where some misunderstanding may have happened, and it was pointed out by one of the earlier speakers -- is there are some proposed improvements that would take place over what was a public right-of-way, which would be Northeast 8th Street; however, as presented to you in the previous hearing and earlier at this hearing, that particular right-of-way has been vacated, and although that is subject to an appeal that is right now ongoing, it is no longer a public right-of-way. So, yes, there is a proposed connection over what was a right-of-way. It is no longer a right-of-way, and therefore, it is already, by virtue of action previously taken by this Commission, no longer eligible for fees and fees would not apply. Other than that, I emphasize there are no proposed improvements under, through or over the public rights -of -way presently, and therefore, it makes sense to remove the section that would exempt them from making any payment, and we have done so, and I read the language clearly into the record early on. As pertains to signs, I would certainly classifir that as a clarification, not an amendment. I said on the record previously, and I say again today, there has never been an intent to circumvent Miami 21. There continues not to be an intent to circumvent Miami 21. We've worked long and hard to get the signage package and Miami 21 just right. We think we have it close to right, and we're going to stick to it. Whatever signage proposal will be brought forth by Miami Worldcenter we expect will be presented as a comprehensive signage package; that we can make sense of it as a whole and orchestrate it and harmonize it as a whole; and that, itself, will run its course of review, but it will be complying with Miami 21 as recently amended by this Commission approximately a year ago; a little less than a year ago. A couple of more clarifications, ill may. This has -- been properly understood is a master plan. The master plan, itself, contains some definitions. Someone -- one of the speakers brought up the issue of the City of Miami Page 149 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 paseos and their desire that it be kept open. We've discussed in previous meetings that our preference would be that the paseo be kept open, and the paseo basically is a passageway, if you will, that -- a pedestrian -dominated thoroughfare that will connect to the east and west sides of the project, and the intent is to keep it open; however, the right is reserved to maintain it closed to the extent feasible for security reasons, and that, again, is subject to review and approval through a warrant process, so there will be notification, and we encourage all to participate to help us get it right, because, again, it has not been designed specifically yet; nothing has. Everything has been designed only in terms of the master plan proposal. Again, in terms of special benefits, to the extent that there are some, those I would characterize as being very much similar to those of other projects. In terms of open space -- I wanted to address that -- there is a -- in the master plan as presented -- requirement for 34,000 square feet, and certainly, a minimum of 10 percent open space, which, again, is very much the norm for urban core developments such as this will be. I am happy to report that because this is a master plan, as presented to the Commission, there are -- there is the introduction of types of open space that I think will be both innovative and very welcomed, very well received by the community. Certainly, it is considered best practice in urban settings to have open space, both on the ground floor, but also at elevated points whether they are roof terraces, whether they are plinth terraces, and these, of course, would have to be, would have to be open and accessible to the general public. And again, this sort of multi -tiered, multi -dimensional open space strategy we think -- subject to review, because it has not been designed yet -- will also be of great benefit to area stakeholders and also for the Miami community as a whole. And the last point I wanted to make, and then I'll answer any more questions that you may have, is the issue of assignability of concessions. I think it was best put by Mr. Knoefler. And as far as that goes, this is -- this document before you today is essentially an entitlement document, and all it really is doing is to set forth clearly what the development terms are for the area involved to place certain restrictions and to clarify certain benefits, and also to require that each individual building come through a particular review process. And it also sets forth -- to try to fold in a question brought by someone else, a Ms. Davies -- what the uses are, because the uses are regulated by the Zoning Ordinance already. So the master plan does not have to make reference to uses necessarily, because those are already governed by the Zoning Ordinance by default. So insofar as this document sets forth what the development regulations are for this area that should stay in place -- to the extent we think it is acceptable, to the extent this Commission thinks they are acceptable and beneficial -- those should stay in place and be binding upon any future assigns or successors in ownership of these properties, whether it's one, many or all. We now know as a community predictably what is expected to happen in the area encompassed by the Miami Worldcenter project, and so the answer is: Yes, certainly, there is an assignability of development rights, but that is certainly what one would expect as part of any entitlement process. And with that, I'll yield to any more questions anyone may have. Chair Gort: Thank you. You got a few minutes to rebuttal. Mr. Savage: I'd like to reserve a few minutes after Ms. Escarra. Chair Gort: Excuse me? Mr. Savage: I would like to reserve a few minutes after Ms. Escarra makes any of her comments. We have -- Chair Gort: Okay. Meanwhile, well have her talk, and then that's it. Go ahead. Ms. Escarra: Good evening, Chair, members. What you have seen between first reading and second reading is what the system is set up to do. It is supposed to allow public input at the first meeting. It is allowed -- it is set up to allow public information at the second meeting. The reason for two readings in adopting such an ordinance and agreement is to allow for public input, to work with the community, and to come out with a development agreement that serves City of Miami Page 150 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 everyone best. The amendments accepted today are additional restrictions on our client. And we've been doing this for a long time, our firm, and I can tell you, we have always had some amendments or something going on, on second reading. So this is actually something that I think the community should be very proud of, 'cause we worked with them intimately. We worked with the City, and we appreciate the opportunity that's been granted to us. In response to a few statements that were made on the record by Mr. Savage, I'd like to read the following: The development agreement before you is an amendment to an existing development agreement approved on November 18, 2008, by City Resolution 08-0658. This agreement is consistent with the existing SD-16.3 regulations. It is also consistent with the proposed text change to be first adopted on PZ-6 before the adoption of the development agreement. Furthermore, the development agreement in Section 6 describes the permitted density intensity in uses. Exhibit "D" to the agreement are all the design regulations which detail the project, the scope, the intensity and the design elements of such. We appreciate the opportunity. Thank you. Chair Gort: Thank you. Yes, sir. Mr. Savage: Thank you, Mr. Chairman. I appreciate it. I'll be extremely brief. Thank you, sir. Chair Gort: Very short. Mr. Savage: Yes, sir. I just wanted to quickly reiterate that this is a very large project, and there was a lot of remarks made about the transformation of Miami to a world -- to international and world class. Well, one item that is true of any world -class civilization, city, what have you, is the clear, and open, and fair, and uniform application of the rule of law. This agreement was changed at the last minute. These are not, quote, "improving the product" or "additional clarity." These are large, substantive changes that were taken out. The user fees and air rights, in fact, do apply over 8th Street where they're going to be built. I read from Section 54-14(a) of the existing Code: "No building or other type of structure shall be permitted on or in any right-of-way public easement or emergency access easement." Eighth Street is the subject of an easement, because we vacated and closed it, but not really; we just said we did. It's an easement and this is a very expensive user fee that's been taken out. This -- the text of this large and important agreement should be published to the citizens and given adequate time to review. Chair Gort: Thank you, sir. Mr. Savage: Thank you for the additional time. Thank you, sir. Ms. Escarra: IfI may? Chair Gort: No. Let's go; discussion among the board members. Vice Chair Hardemon: Let's take her. Chair Gort: Go ahead, you're recognized. Commissioner Suarez: Has it been moved? Vice Chair Hardemon: I'm sure the people who are sitting in this room and those who are inclined enough to watch this on television will recognize these words, because it is probably one of the most read pieces of literature that had ever been produced: "It was the best of times. It was the worst of times. It was the age of wisdom. It was the age of foolishness. It was the epic of belief. It was the epic of incredulity. It was the season of light. It was the season of darkness. It was the spring of hope. It was the winter of despair. We had everything before us." And might I add, though -- although I'm not qualified to -- "we had nothing before us." As I listened to the concerns that -- well, first of all, I want to say that there are many bright and eloquent City of Miami Page 151 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioners that sit on this dais, and I believe in all of my heart that each of us were elected for a reason. None of us have to do the job of the other, because we know that at least one person's going to bring up this issue. So certain issues I may read about and take some notes on, I'll say, "But you know what? The eloquent Commissioner from District 2 is going to take care of that for me." And then I may think about another issue and I would say, "Well, the gentleman from District 4 will handle this one." And then I may wonder where I'm going to get my third vote from and I say, "The gentleman in District 1 always does the right thing. " And I say that because I think there's no -- just like the -- well, just like the Administration and the staff said -- "I don't want to go there, because I know the Commissioner from District 5 is probably going to touch on this job creation piece." And ifI am that predictable for matters of this importance, so be it, right? But in it being predictable, then we should understand what I'm going to say when I look at documents that are put before me. I want to first bring your attention to a document that is the actual development agreement between the City of Miami, Florida, and Miami Worldcenter Group, LLC (Limited Liability Company) regarding development of the Miami Worldcenter. This document was produced in 2009. I believe the work on Worldcenter started probably in 2008. So this is the original document that we are, in fact, amending and restating; that we're changing to make this null and void, and the other one take effect. And in this document that was approved in 2009, there was a section that they creatively called "Job Creation, " Section 12. And although I'd express my disappointment in the thought in the second or the restated -- the amended, restated job creation portion, I would like to read to you, because it won't take much time, the job creation section from there. "Developer parties shall consult with local and State economic development entities such as the Beacon Council, South Florida Workforce, Enterprise Florida, Florida International University of Hospitality and Tourism Management and Miami Dade College in developing a plan" -- it is an action -- `for job training and job placement services to the City residents seeking employment opportunities with potential employers which would locate or establish businesses within the project." That is all. That was the job creation section. Okay, that's fine, though, because what it did was it gave us something that we could look forward to. And so, as you read through that first agreement, you say to yourself, "My God, I look forward to this brand-new plan that all of these smart people from all of these development companies, from all of these different entities, from the institutions that provide higher education and provide training to our people in our community where some say -- I'm not sure where -- that 40 percent of the people from Overtown have the service jobs, and we don't need more. I disagree. However, I look forward -- I looked forward to that plan; 2009 came, 2009 went; 2010; 2011; 2012 and 2013, and then I was fortunate enough to be elected in the latter part of that season, and now we are in 2014. So many years have passed, and it brought to us a document that we call the amended and restated development. And then that one, I thought at the time, was not well suited for discussion of anything with serious intent, but I had faith. I had faith, because I believed in the entities that comprised the Miami Worldcenter, all of them which have greater interest in seeing this project through fruition -- well, all of them who can count, right? And when you sit on the City Commission, you realize that the highest you need to be able to count to is three. And so when I was provided this Section 14, Job Creation, it was not a plan that was promised to me, that was promised to you, that was promised by everyone in our community that was promised to the people of Overtown, where you continue to say from Miami Worldcenter that those promises will not be broken. The promises where you think about the people in that community and all the dreams they've had that have been ripped apart, those promises which I had faith that this company would deliver on, which provided this to me without me giving any type of input at that point, those promises were construction employment, job sourcing, community business enterprise participation. At that time, 20 percent, 20 percent of those companies that were qualified under our County CSB -- CBE (Community -Based Enterprise) would be eligible to have business or 20 percent of the direct construction contract cost. You have to be very specific at times if you don't want to be rebutted unnecessarily. Local workforce participation, that's - They're thinking about the things that bother me. The developer at that time, when this was presented at our last reading: "Developers shall require their general contractor to use their best efforts to employ a minimum of 20 percent of on -site labor from persons residing within the municipal boundaries of the City. " This is what they preached City of Miami Page 152 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 to the residents of Overtown. Those that just wished to be able to walk down a sidewalk that they would not trip on and break a hip; those who just wanted parkland to sit down on and read a book; those who had grandchildren that looked forward to working in the community that they grew up in, so they would not have to sell, because of -- what one gentleman said before us was "gentrification that was coming." I don't know if you caught that, that time, but it also went on to retail and restaurant employment. It spoke of the Hospitality Initiative, and when I sat down with Miami Worldcenter, I said, "My God, the work is almost done",- so much so that I was even willing to make compromises as it pertained to the percentage, because I realized that they were serious about their promises that were being made to us, and I believed so wholeheartedly in that promise. I believed it as I was in D.C. (District of Columbia), learning of other ways that I could help my community at the Congressional Black Caucus, and becoming energized with -- coming back to this community and expressing some of those issues. And then I received the document as I sat here on the dais today that was produced by -- and I assume, because his name is on it -- this instrument was prepared by record and returned to Ryan -- I believe you pronounce it "Bayling, " Esquire, of Greenberg Traurig. And all of the Commissioners probably received this document, and it alleviated some of the concerns that many of our community members felt about signage and other things. But in this document, it gave me as much confidence in this agreement as I have in -- which institution should I offend today? I'll put it this way: Remember our numbers. A couple weeks ago, where we started with nothing but a plan, which is good. Then we said that we would give 20 percent of the on -site labor from persons residing within the municipal boundaries of the City; the City of Miami. I heard the statement that this job creates 35, 000 jobs. That, to me -- you tell that to someone who lives in the community -- oh, you betcha that I'm going to support that; doesn't necessarily speak of the fact that some of those 35,000 jobs are already accounted for and that not all of them will be available for the people in that community, but it's okay; it's a great starting ground; it's an amazing promise. But the document that I was provided today, after I took my time to meet with this organization, it went on to change the number, because I wanted 35 percent to -- I think we -- and we settled on 30 percent, or at least I thought we settled, but the document today that I was provided has a big highlighted section that says, "At least 10 percent of those employed by the general or subcontractors for construction work shall be employees utilized in the following priorities. " And I will explain it to you the way that I prioritize, because I don't prioritize for my district. I prioritize for poverty. I prioritize for each of us to have a fair opportunity for our people in our community to move forward and rise out of $8 an hour jobs. I said, `First, residents of the five highest poverty rate indexes in the City; second, City residents in general; and then because we are friendly to our big brothers, third, County residents who live in the five highest poverty rate index codes in Miami -Dade County; and fourth, residents in Miami -Dade County in general; and then, of course, residents who live in qualing areas must receive preference for the hiring in the project. The change that Miami Worldcenter provided to me today that I had an opportunity to read over lunch, as I tried to enjoy my meal in your district, Commissioner, but it definitely interrupted it and left me with some heartburn. This document basically tells me that out of those 35, 000 jobs, if that -- there are that many for this community -- that this company is only willing to give us 10 percent for Miami -Dade County. That is what this local workforce participation agreement looks like today, because there's nothing in this document that says that the 10 percent or the -- well, at the time, 30 percent -- have to come from the City of Miami. This was a document that was all -encompassing of Miami -Dade County, and at this point, we're saying, "You know what? Ten percent, take that," where they previously made a commitment of 20 percent for CBE. We broke down CBE and CSBE (Community Small Business Enterprise), but like I said, with concessions, I said 10 percent. The document I have before me now reads five percent of the professional service agreements for sofi costs shall go to CSBE and CBE companies; and then also, five percent for construction and construction -related materials. The document is also absent of some recommendations that I had that I think the City Attorney explained to me that we can do no matter what, because we have the power, but I want to agree upon to show that we're in this together, this fight against poverty, to allow small business vending -- special vending opportunities where people who reside in the highest poverty rate districts, who have businesses there, can actually have kiosks along the public rights -of -way that City of Miami Page 153 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 they could use to operate these small businesses to have a part of this brand-new development. And one thing that is definitely missing, because it wasn't -- well, one thing that was included in the second revision -- not the one that we have before us today -- was that the organization was keen enough to review a document that was created when we had the Bayside agreement. And on the Bayside agreement, there were some concessions that were made as to the salary or the wage of those who would be working on these projects, but that was a different time, that was a different issue, those were a different set of facts. And so in this set of facts, because it's what I presented to them, what I would like and I think that what a lot of these people who came here and spoke so eloquently about wanted was the Responsible Wages Ordinance that the County refers to, which is Section 211.16. But the question is: Why? Why? Because we're making national headlines, because we have the highest -- second highest poverty rate in the nation. Why? Because these families don't just need a sandwich that's given to them Monday through Friday for the next three years, but actually to gain the skills to build this project right and they can move on and end poverty within their family, and thus their community. What I ask of from developers that come to invest in Miami -- I know Commissioner Sarnoff refers to it as getting out of the way, and I think that in many ways, he's right. He's right that there are lots of things that you have to get out of the way of but when people make -- when people to choose to invest within a certain area, they do it understanding a certain set of facts; they do it understanding the climate. For instance, Beckham said, `I want to put a stadium in the City of Miami. " We presented some options for him that had -- where there was land. Beckham said, "No, I choose not to build it there. However, you do have something called a slip, and I will fill in that slip with land so that I can put a stadium there." When they walked into a situation where they're requesting certain actions, they understand what the climate is and what they have to do to ensure that their project is successful. And one thing that we're faced within the City of Miami is this whole idea of poverty -- I'm sorry -- this reality of poverty, and what we can do as a City Commission to help us alleviate this concerns [sic]. There was a time when I could see that it was the best of times, it was the worst of times, but the divide was so wide, but I can tell you that from where this development will be built, you can walk to the front door of those that you feel like have slighted you. This community is not -- and "this community," meaning those who live in poverty -- this issue was just bubbling. It's bubbling underneath the skin of all the people that can't feed their children today. It's bubbling underneath the fact that we take care of our homeless, but we don't think about the fact that those who are homeless today or who are not homeless today may be homeless tomorrow, because those were the residents that were living in poverty. Those were the residents with six children, making $24,000 a year that we wouldn't invest in a program for so they can better their skills or get paid a decent living wage. When was the last time you got paid $8 to do a job? When was the last time you got paid $8 to do a job? I remember making $4 at Chuck E Cheese; $4 an hour. And the way that I had to make my money in those four hours that I was allowed to work, because I played baseball, and football, and was a scholar athlete and all this other stuff like that, is that I had to make sure that I entertained those three or four parties that I had at one time, hoping for a $20 tip; hoping that maybe I can make $100 over that course of time, but it was never a guarantee, right? And then you have to ask yourself "Well, did you report those $20 tips?" So when someone gets paid under the table to do a job and they're getting paid $9 an hour, and they have children to feed, and they have to catch the bus, and they have to be there early in the morning, and they have to end up leaving there late at night, and they don't get the type of health care that they need, or they're not from this community, you have to ask yourself "Well, what are we really doing to invest within our community? What are we really doing for the people that live here? What are we really doing for those?" Because I can tell you what, if this company was paying a responsible wage or not, they're going to build this project, because we're going to give them that opportunity. We're going to vacate the streets. We're going to give them public subsidies. We're going to do all of that for them, and don't tell me not to kick it down the can, because all the benefits that we want to be within this agreement for our community, we're being asked to kick down the street. We're being asked, "Hey, okay, well, for that one, maybe let's do that in the TIF (Tax Increment Fund) agreement, or maybe let's do that one in this agreement, or that agreement." And what I am saying to this Commission is that we can't -- we shouldn't do that. My modifications that I would City of Miami Page 154 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 like to make -- and I'll reserve them, the discussion on them until all of you have spoken, of course -- but my modifications would be to add the Responsible Wage Ordinance so that we can guarantee that these families are not working hard just to live in poverty. I would also like to see the participation improved to what we had before; 30 or 35 percent. I would like to see the CBE and CSBE requirements also improved. And now that I feel so disenchanted even with this process, I mean, I don't consider this to be goals anymore. I think we should make this a reality, and I'll show you how to do that as we continue on throughout this discussion. But at the end of the day, there's no way that we, as Commissioners, should be able to look our communities in the face -- and I know, 'cause I live there, all right? I've knocked on Ms. Slater's door; I know exactly where she lives. And when those individuals from our community come to me and they say, "Oh, Commissioner, well, they promised us jobs. Where are the jobs?" they hang my head, not just in the political world, because at the end of the day, that comes to an end someday, but who I was as a person fighting for the rights of people that I am amongst. When our police officers come in here fighting for higher wages, and they talk about losing homes, the people who work for $8 an hour will never own one. The people who spend their time building this building will never, ever have an opportunity to even shop at the restaurants. If the average sandwich costs you $15 before tip, they won't be able to buy one, because that's two hours of their work. Everything that they work hard for, they won't be able to enjoy. And like the paseo being closed before them, we cannot shut the door to getting out of poverty by simply allowing a company to come in and start with nothing, give us something, and then take it all away from us at the end. That's not the City of Miami that I want to be a part of and that's not the type of vote that I'm going to ever give sitting up here on the dais. Chair Gort: Thank you. Any further discussion? If you recall, when I -- last time you were here, I told you this is a great development, but at the same time, I told you it could be a very historical development, because it could make a change in that whole neighborhood. And like it was stated before, jobs have been promised to a lot of our residents, and we need to do that. We have had -- we have spent funds to train people in the building department, in the hotels and the different works that can be open. I'm not only worried about the construction jobs; I want permanent jobs, too, 'cause we all aware that construction goes up and down all the time. I mean, we went through a crisis, because the constructions went down. Now, construction's back up, I understand they having a problem getting people to work. So I think it's important that you all have to come up with a new change, new idea. And I apologize, 'cause I have to be gone. I'm supposed to have gone about a half an hour ago, but I think this is very important. You can really make history, 'cause not only are you going to develop a great project, but you can make a different [sic] in a community that's been waiting for years. And that community spreads out to the west. People here were making presentation about Allapattah; you're talking about Little Havana; you're talking about areas where jobs are needed, and that's the only way you're going to help them. You know, we talked about crime. Crime is something that needs the combination of the police working with the community, and providing jobs for people. When people have jobs, they can go buy milk, they can go buy bread. If they don't have jobs, they going to have to go get it somewhere, and that's what happens. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. A couple of things. One is I just one to be clear, 'cause when you look at Section -- well, I'm on -- I'm confused on a couple of different things, but when you look at Section 14(a)(2), which talks about wages, and minimum wages, et cetera, is that -- Commissioner, is this what you're proposing or is this different from what you're proposing? Vice Chair Hardemon: No. So what this is, this is the -- this is what was pulled from one of the other agreements that we worked on earlier, so this is what they presented to me at first. City of Miami Page 155 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: This. Vice Chair Hardemon: Yeah. This -- Commissioner Suarez: But that specific section? Vice Chair Hardemon: -- pink. This is not the responsible wages. This is not the responsible wages -- Commissioner Suarez: This is what? Is this living wage? Vice Chair Hardemon: No. Well, this -- Commissioner Suarez: Okay. Vice Chair Hardemon: -- I believe. If' remember from the top of my head, this could have been the living wage, but I don't want to discuss the business of what I discussed with another organization, but these numbers came up from a much -needed discussion with Bayside and SkyRise when we were working on their development agreement. Commissioner Suarez: Let me just tell you where I'm going, 'cause I'm a little bit perplexed on a multitude of different issues here. We're not privy to discussions that each of us have individually with other parties, so sometimes we get up here and we're a little surprised by the developments of things or the lack of development of things, I think. I think today, when I came here, I thought that the major concerns that were spoken about were the concerns that were addressed by the Planning director, which had to do with the so-called air rights, with the so-called signs and things of that nature. I felt or I maybe mistakenly thought that if we were going to be coming here, that there would have been some sort of a tacit agreement on this document prior to the Commission meeting, so I'm a little bit taken aback by that. You know, when you get into issues -- and we've had some great discussions on poverty -based initiatives, and how do we help our community, particularly those in most need. I do struggle sometimes, I have to say, with the thought -- and I'd love to hear your perspective on this, because if a business, for example, is thinking of hiring four or five people, or a retail store is thinking of hiring four or five people and they're required to pay living wage, which is higher than minimum wage, maybe if they're required to pay the federal standards, which I believe are higher than the living wage, maybe they hire one less person because of the economics of it. I mean, it's just simple math. You have to make a profit at the end of the day. So my concern is that in an effort to get better pay for the specific workers, companies might hire less workers; one less, maybe, per small business, but that, over the course of a mall of this magnitude can be tens, possibly even hundreds of less jobs, permanent jobs. So I struggle with that a little bit, to be completely frank with you. I am kind of somewhat shocked that we are so far apart on the local workforce participation during construction agreement, because that's a significant gap. I'm surprised that we came here and had everyone here speak before the Commission and spent, you know, two or three hours on this issue without having some sort of an agreement on that, so I'm a little concerned about that. I think that the criteria that you set forth is very good. I am a little concerned also, that -- and we talked about this, I guess it was -- maybe it was in the Bayside context; maybe it was in another agenda item -- where we talked not only about the Hospitality Institute and its success, but also the need for a construction institute, because you may desire a certain condition, whatever that may be; whether it's 10 percent, 20 percent, 30 percent, whatever the case may be, and that employer, in good faith, wants to meet that criteria, but if he can't find -- even though there are a tremendously high level of unemployed people in the region or in the area that fit within the criteria, they have to be licensed, or they have to be trained to do those jobs. I mean, at the end of the day, no one is going to -- it would not be intelligent to put someone on a construction job that didn't have the proper training to do the work. So I think one of the things that I'm concerned about is, you know, these numbers have to be somehow, I think, linked to what is City of Miami Page 156 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 available in the workforce and in the market. And if there is a discrepancy between what is available and what we're looking for, then we need to find a way to bridge that gap. I think we can do it through a construction institute, like we spoke about, you know; that's the kind of thing that government can do. I mean, we've been successful in the Hospitality Institute beyond measurement. What I think is interesting about construction -related jobs, particularly the ones that are not permanent, which many of the construction jobs are not permanent, is that what will result from this construction is a huge convention center, a huge hotel, et cetera, which allows for a smooth transition from construction -related jobs to hospitality -based jobs. And the irony of it is that our residents can benefit from both of the institutes at the same time and can go from a - - having a temporary job right away to having a permanent job in an industry that, in my humble opinion, I feel is one where you can start as a doorman and you can end as a general manager. That's one of the things that I really, really like about hospitality. What I've learned about the Hospitality Institute and industry is that you can start off as the lowest of employees in an organization and end as the general manager of that operation, or the president of the company. So I'm a little bit befuddled, to be frank with you, and a little bit confused as to how it gotten to this point without having hammered some of these things down. Again, sometimes, we get here and things surprise us, but that's kind of what I'm thinking right now, and I'd love to hear what anybody else's thoughts are on the matters and go from there. I have no problem with - - by the way, we have other items on the P&Z (Planning & Zoning) agenda. I know there's people that have been waiting here for hours; there was supposed to be a time certain at 5. So, I mean, I have no problem tabling this if you think it'd be helpful to discuss some of these pending matters with the parties that are here while we take up some other matters that are -- you know, I had one in my district that was a 5 o'clock time certain, and there's a variety of other ones, too, so I'll leave that to your discretion. Vice Chair Hardemon: And I will say briefly that the jobs in this agreement were specifically about the construction -related jobs. Commissioner Suarez: I know and -- Vice Chair Hardemon: The hospitality initiative, even the plan that I had for that, for that organization was -- we were being asked to table that to another agreement. So many of the certain -- many of certain agreements or proposals that I would ask for were being asked to be tabled to another different type of agreement; however, the construction institute was something that specifically a Responsible Wage Ordinance would address, and it wouldn't cost the City any money, and part of the reason that -- well, part of what I believe that one of the attorneys for the construction, Mr. Alan Eichenbaum, I believe -- is that how you pronounce it, "Eichenbaum"? One of the things that he was going to discuss, as I understand, were some of the myths as it comes to financing or the cost of the responsible wage, but then also -- Mr. Bill Riley, are you still here? If Mr. Riley is here, and I'll wait for him to move forward, but one of the things that Mr. Riley -- after I had an opportunity to really review -- not what we would call "temporary jobs," but people who move on and become journeymen; people who are able to work within their communities and transfer all over the country to do certain jobs. And so as journeymen, the -- what that brings to our community as far as training for the people that are there, they provide it; doesn't cost the City any money. But, in fact, it provides a better quality of work and et cetera, et cetera, so I'll yield just a few minutes to Mr. Riley just to explain what I'm trying to, because I know that you're much better at it, 'cause you do it every single day. Mr. Riley: Okay. I had stepped out to the restroom so I'm not sure -- Vice Chair Hardemon: Well, we just wanted to know, Mr. Riley, exactly what program that you have, and how does the Responsible Wage Ordinance affect your program. What do you do when there's a Responsible Wage Ordinance, and how does it benefit the City of Miami? City of Miami Page 157 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Riley: Well, it benefits the City of Miami in several ways that I talked about with the indigent people at Jackson Hospital, 'cause they get health insurance. They're not told by their employer to go to Jackson to the emergency room and just check in. And, you know, Jackson Hospital's way down in their benefits. Our program and I'd say 90 percent of the other programs, whether they're licensed craft or unlicensed craft, have an apprenticeship program. The apprenticeship program -- and I can talk about ours, because I know more about it -- is a five-year program. The American Council on Education awards nationally 55 credits towards a bachelor's degree in college. Of course, you have to go to each college and talk to each one, but that's what they think it's worth. Our students -- and I think the most important thing is that we're not giving somebody a job. What we're doing is creating a career for somebody so that they can not just feed their families today, but for a lifetime, and the program is recognized. Every program -- laborers, carpenters, sheet metal, pipe fitting, plumbing, insulation -- every one is covered, and if Mr. Eichenbaum has an opportunity, he can go a little bit more into the details of why it really doesn't cost more, regardless of what people tell you. The program to build a job with responsible wages, with responsible benefits, just like I would say all of the people that are proposing this project have; I think most of the people in this room have those benefits. And I think the people that are out there doing the work from everybody's district deserves that same opportunity, and not to be used and abused, but to help them create a life for themselves, their children, and to help bring that project in. Vice Chair Hardemon: How is your program funded? Mr. Riley: I'm sorry? Vice Chair Hardemon: How is your program funded? Mr. Riley: Our program is funded strictly by our employers. Our employers contribute 30 cents an hour for every hour that's worked. We get a little stipend from the School Board, but not significantly, for paper and stuff like that. Our contractors, we don't get any -- we've never gotten any money from South Florida Workforce, ever, and it's strictly funded by our employers, and so are the other responsible trades funded by them. And the training that they get, you know, they can go down to Turkey Point. We're going to build two new nuclear powerhouses down there. We built the ones that are there. You know, the work at the airport, the work at the seaport, you know, anything, anything that has magnitude -- the high rises. You know, I have to be honest with you, a lot of people that talk bad about prevailing wage, that talk about the County ordinance, their whole desire -- and I'm not saying it's this particular case -- but their desire basically is -- it's not the old developers that were building a building to keep the building. They're building that building to keep it three to seven years, and then flip it. And then they don't care if it falls down or if it stays up, you know. A developer comes in today. He doesn't really care if the pipe works nice, or if it's better done, if it's more efficient, if it was brought in on time. When that light switch turns on, they don't really care if you did it with magic. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: You're recognized. Commissioner Suarez: Thank you. Couple questions. One is -- and I'll elaborate, 'cause I did hear your point, sir, and I forget -- I didn't catch your name when you said it. Mr. Eichenbaum: Allan Eichenbaum. Commissioner Suarez: Mr. Eichenbaum. When we passed our last budget just a few days ago, maybe a couple weeks ago, one of the things that we did in our budget is that we approved -- and I was very adamant about this with our City Manager, who, I think is in the back -- we approve -- we had suspended the living wage in our City for many years while we were in a financial City of Miami Page 158 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 crisis. I felt that it was wrong, to be frank, for us to continue to do that now that our economics were improving somewhat dramatically. So I felt that it was an imperative of this budget that we undo that repeal or whatever you want to call it. That had a cost, and the cost to us was $1.2 million recurring annual; that's a big cost. We still went forward, because we felt that from a public policy perspective, as the Commissioner articulated earlier, and as you articulated I think, very well, you know, it is very cliff cult, if not impossible, in today's Miami, in an area where, over the last 10 years, the wealthiest district has increased 20 percent in population and the poorest district has decreased by 20 percent in population, it's very difficult to live on minimum wage. So we repealed the living wage suspension, but it did have a cost. And at one point, it was being put to us in terms of a cost of police officers to patrol our streets and that -- if you look at an officer being about $100, 000, you can quickly add up how many officers that would have cost. And sometimes when you're budgeting, that's how things are presented to you. I don't think that's the right way to look at things, but that's the way things are sometimes presented to you. So, you know, I do think there's a cost. I know I am a small business owner. I know that when you're in a small business and some of these -- maybe not the big developer, per se -- but the ultimate companies, subcontractors, they're not huge companies in many cases, and they -- you know, they have to make decisions on payroll, et cetera. And so the thing that worries me is, you know, if it has a cost for a government like ours and we're spending 566 million, we have 4,000 employees. If you're talking about 30,000 employees, you're talking about -- what? -- six, seven times the amount? So if you're talking about six, seven times the cost, you're talking about $14 million, more or less, roughly; that's a significant amount of money. And I'm just doing very rudimentary math. I don't know why you're shaking your head "no" there. Are you saying my math is not correct? Mr. Eichenbaum: No, no, I'm just kind of listening, but I think -- Commissioner Suarez: No, you were shaking "no" (UNINTELLIGIBLE). Mr. Eichenbaum: I think that -- Commissioner Suarez: You were shaking "no." Anyhow -- so I'm pretty good at math. Anyhow, you know, it may or may not be accurate. I'm just saying that we toss these terms around, and we made a very tough choice at the City, and I think we made the right choice to go from a minimum wage to a living wage, and I think it was done in consideration of our employees, and the realities that they have to live in, in today's Miami. I'm just saying that it's -- that doesn't always mean that just taking the next step doesn't have a cost. I don't -- I'm not so sure that I agree with that, and I'm not so sure that it's so easily absorbable as we would -- as sometimes we think. Maybe in the long run it is, because ultimately, inflation will allow for what was previously the federally increased wage to become more like the living wage in terms of purchasing power to them, becomes more like the minimum wage in purchasing power over time, and then we all know that governments react slowly to inflation, unless they're indexed for some reason, but it's a real cost. It does impact people's lives in my opinion, because we saw it here at the City Commission. We saw how we had to grapple with the issue, and I think we made the right choice. We could have imposed the federal minimum on ourselves, and it would have increased our cost significantly, and I don't know that we could have afforded it; we may do it in the future, by the way. I'm not saying that we won't, and I'm not saying it's not a good idea, because I think it may be a good idea, something for us to look at. I've been trying to be progressive in terms of our employees on switching from temporary to permanent, part-time to full-time, things of that nature that are systematic problems that we have which require us to underpay our employees. Obamacare, whether you like it or not like it, it's a cost. And the way certain companies are dealing with it is they're reducing the number of hours for their employees. I'm not saying it's the right thing to do; I'm just saying that's what's happening, because at the end of the day, a lot of these companies, as you correctly said, they're about the bottom line. So if the bottom line is going to come out the same, then they have to manipulate the rules so that they can pay the same in labor cost; just trying to give out food for thought, you City of Miami Page 159 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 know. Again, we're debating the issue, and I thought that a lot of this stuff -- these things were already going to be decided by today, but -- Vice Chair Hardemon: I know that he asked Mr. Eichenbaum a question. Do you -- would you like to speak before he answers or --? Commissioner Sarnoff He can answer, certainly. Vice Chair Hardemon: Right. I know you had a -- the question, I believe, was: How is it -- you remember the question, right? Mr. Eichenbaum: Well, I think there's been a lot of questions, so I'm going to try to address them one at a time, and I appreciate your indulgence. I think the first question is with respect to a living wage, which is different than a prevailing wage. A living wage is a minimum wage, in which case, the government entity basically says, "Without any consideration of your level of expertise, and perhaps without any reference to what the market in general provides, we're going to pay you X' amount of dollars so that you can have a decent standard of living." And clearly, that makes sense, and it has been accepted across the country, including at the Federal Government level. Now, a responsible wage or a prevailing wage is entirely different. Davis Bacon is not based upon the fact that we want to pay a construction worker a certain amount of money to make that person -- him or her -- have an amount of money to live on. It's based upon a reflection of the community in which that person works, and it's based upon a standard of at least 50 percent of the people in the area making that amount of money. The genesis for these types of laws -- and I think it makes a lot of sense -- is basically, the government says -- and you are the government -- but in essence, the taxpayers are the government, as well. Basically, what these laws says is: If you're going to do business with the taxpayers and you're going to get benefits from them from doing business with them, and you're going to get concessions, and you're going to make millions and tens of millions, and perhaps hundreds of millions of dollars -- Commissioner Suarez: Can I just stop you there? Mr. Eichenbaum: Sure. Commissioner Suarez: 'Cause there's always a presumption that people are going to make money; there's never a presumption they're going to lose tens of millions or hundreds of millions of dollars. When you engage in a risky project of a billion dollars, $2 billion, $3 billion, there is -- and I'm not a billionaire, or a trillionaire, or a millionaire -- certainly not a millionaire -- there's as good a chance that you make tens of millions, or hundreds of millions, or billions of dollars as you lose millions, and hundreds of millions, and billions of dollars. So you are taking a risk; would you not agree with that? Mr. Eichenbaum: Well, I totally agree with that. The only difference is when you involve the taxpayers, you're now asking the taxpayers to share in that risk, and you're getting a benefit, and you're reducing your risk. If you want to go out and build this all by yourself and you don't need government help, I think the argument goes out the window, which is why the argument is limited to when you come and seek the assistance of the government, the governments all across the country have said, "We want you to pay a reasonable, responsible wage rate." And the fallacy is that that costs more, and I want to address that, because the studies have shown that that is not, in fact, the case. One of the examples that I was going to give you is one study showed that of the 50 states, 32 states had prevailing wage laws; nine states never had them; and nine states had them and abolished them. Of the nine states that abolished them, their occupational injuries on the job increased by 15 percent. They did not save any money because their injuries went up, and one of the reasons is because they get a less skilled worker. And there's one other thing I think you need to know, and this is a shocking statistic, I believe: One of the things that occurs when you don't have a minimum wage or a responsible wage for your contractors is they're City of Miami Page 160 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 basically bidding without any bar that they all have to meet. So basically, they're trying to get the lowest dollar amount that they can. And unfortunately, what they do -- and this is historical, the Herald has written about it, but more importantly, the statistics support it -- they will basically cheat and underpay their employees. And this is not some type of thing that I'm making up. There's probably a lot of lawyers in this room. And between 2004 and 2009, the State of Florida had 30 percent of the nationwide overtime claims. In other words, 30 percent of the people in the country that were claiming they were denied overtime by violation of the Fair Labor Standards Act, 30 percent of those claims were in the State of Florida. It actually reached a high of 50 percent, and the number one, the number one jurisdiction for those claims in the United States for the past 10 years, United States Southern District Court for the Southern District of Florida. The Heat had a repeat -- they've had a ten peat in this jurisdiction for Fair Labor Standard Act claims, because there's cheating, and it goes on, and on, and on. And one of the things that has been shown to reduce the cheating is these types of ordinances. Vice Chair Hardemon: Commissioner Sarnoff. Commissioner Sarnoff So, Mr. Eichenbaum, I'm pretty familiar with this whole line of argument, and I guess I've heard some numbers, and I really want to get to numbers, 'cause I'm not saying I think like Commissioner Suarez, but I think I know where he's headed, and that is, you know, we had set some numbers -- $11, $10, 50 cents -- and those are certainly above 8, though not -- certainly not I think what you're about to tell us the prevailing wage is in Florida, because you're about to tell me -- correct me if I'm wrong -- the prevailing wage in Florida will be $18 an hour. Mr. Eichenbaum: Well, actually, it's less for some trades and it's more for others. Commissioner Sarnoff But I think it averages to 18, doesn't it? Mr. Eichenbaum: I wouldn't be able to tell you that. Commissioner Sarnoff You wouldn't? Mr. Eichenbaum: Honestly, no. Commissioner Sarnoff No? Mr. Eichenbaum: I mean, I'd have to go and crunch the numbers from the County ordinance. Commissioner Sarnoff But is that what -- Mr. Eichenbaum: But I wouldn't be surprised if it was that. Commissioner Sarnoff Yeah, nor am I. Mr. Eichenbaum: I mean, for construction workers. I'm not arguing one way or the other. Commissioner Sarnoff 'Cause I -- certainly, you know, good friends with some of the folks that you're probably good friends with. So is what we're talking about here creating -- and let me say this: I'm much more comfortable, Mr. Chair, with having this conversation when it comes to a TIF agreement than I am having this conversation whether to approve a project, because I don't really believe the citizens are partners yet. I -- Commissioner Suarez: I would agree with what you're -- with that, too. Commissioner Sarnoff Right. And -- City of Miami Page 161 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: I think that's a little bit of an overstatement on his part. Commissioner Sarnoff Right. Commissioner Suarez: On his part, yeah. Commissioner Sarnoff So I don't necessarily agree that the citizens are the partners yet. What we're doing right now is fashioning an ordinance with a text amendment, which really is not a citizen -- you know, it's sort of stewardship of the City of Miami, followed by a development agreement, which is both statutory as well as ordinance -driven by the City of Miami. And there will come a time when the taxpayers are going to wear what I call their "entrepreneurial hat," and they're going to be putting some skin in the game, and I think this conversation is better placed there. But where I just want to get for right now, 'cause I'm going to have to take a vote, is what we're talking about -- I'm going to take, you know, a number that's in this section -- Page 11, Section 14-2, and it says, "$11.83 if health benefits are provided to employees." And are you really saying, `It's probably going to be closer, Commissioner Sarnoff, to $18 and something cents an hour for the average employee"? Mr. Eichenbaum: Well, I don't -- that -- I haven't seen that figure, so I don't know what exactly it's applying to. Commissioner Sarnoff Trust what I'm telling you (UNINTELLIGIBLE) the number is correct. Mr. Eichenbaum: No, but what I'm saying is, is that for anybody that works on the project, including the thousands and thousands that are not construction workers? Commissioner Sarnoff These are pertaining to the construction minimum hourly work. So this would be the contractor to pay a minimum hourly wage -- for instance, in this, it says, "$ 11.83," so is what you're saying is for this to fit -- I don't want to say "your agenda," but what the heck -- your agenda. To fit your agenda, it has to go up to $18 and something cents an hour for it to be pervasively across the board to fit the person that's lower, to fit the person that's higher? Mr. Eichenbaum: If you're asking me if the City were to apply to construction either the rates in the County ordinance or Davis Bacon or some similar rate, it would be higher than $11 an hour for a lot of the workers, it might be the same or even lower. Actually, that wage rate may be higher than some of the lower rates, but I -- you know, I don't know that, but on average, I would say for the skilled workers, the rate would be too low, but, in fact, that wouldn't be reflective of the market. You could never hire a plumber at $11 an hour to work on a construction site, so to that effect, it's really of no consequence. Commissioner Sarnoff But a minimum is a floor. Mr. Eichenbaum: Oh, yes, of course. Commissioner Sarnoff Right. So -- Mr. Eichenbaum: So what I'm saying is -- Commissioner Sarnoff -- or you're at -- Mr. Eichenbaum: -- your minimum would have no cost to a plumber. I mean, the -- Commissioner Sarnoff: No, I -- City of Miami Page 162 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Eichenbaum: -- contractor couldn't come in and argue, `It's costing me for my plumbers, because I could get them for $11 an hour"; they can't. Commissioner Sarnoff I -- all I'm saying to you is, as this developer has to contemplate his decision, he knows this his floor -- and I'm just using 18 as a number. You could say, "No, it's 15; no, it's" -- well, you don't have to say, "No, it's 12," 'cause I know it's going to be more than 12. And you're probably not going to say it's 20. But for purposes of our discussion, you're looking for a floor, not a ceiling, 'cause obviously, if your plumber could make a million five hundred thousand a year, you'd say, "God bless him, " right? Mr. Eichenbaum: Yeah. I mean, we're looking for something that's reflective of the market and not what the contractor can get people for because, perhaps, they're desperate. Commissioner Sarnoff And, you know, just so it's clear, I mean, I share some of your sentiment. What happens with many of the general contractors is they don't take care of who their subcontractors are, and they don't take care in terms -- certainly, for injuries, I agree with you -- whether that person is there at Jackson Memorial Hospital on -- absolutely as a taxpayer expense, 'cause he's -- some of his paperwork can be disposed of at times, and that person, of course, should be afforded workers' compensation benefits, as opposed to being treated as an independent. So some of your philosophy is -- I'm not saying I disagree with. We may disagree on the floor, though. So I -- you know, I'd like to know how to proceed, because I'm going to vote with regard to -- and maybe the developer wants to say something, 'cause, I don't know, maybe they'll -- maybe they have a solution for us. Vice Chair Hardemon: And in -- Commissioner Sarnoff 'Cause, you know, we could debate all we want -- Vice Chair Hardemon: No, true. This is true. Commissioner Sarnoff -- but I could tell you, five times nothing is nothing. Vice Chair Hardemon: No, no, no. And what I think we -- well, there's three of us now. So another thing that we have to consider in the situation is that, one, we're talking about 35,000 jobs being created, but we already know that, in fact, it won't be 35,000 construction jobs. Commissioner Sarnoff No. Vice Chair Hardemon: And even less than that now, because what was presented to us was 10 percent of Miami -Dade County, we have a guarantee of those jobs, if you want to call it that. The number of jobs that are available for this is greatly reduced. And here we are with an opportunity where -- a historic opportunity, like the Commissioner said before; a former Chairman as he was sitting here -- where we can make history. I mean, we can make history in regards to this project with how we go about treating the community that we're going to be developing near. This is an area that has blight; slum is next to it; slum and blight, actually. And so in this context, we have to learn within our communities to at least take care of the citizens that are here. The -- when you come to build in an area like Overtown, like Park West, you understand that, historically, the Commissioners who sit before you are going to ask for responsible wages. They're going to ask for something to take care of the people that are there. This is something that you can -- you know, walking into the discussion that it's going to come up. Now, at the end of the discussion or at the end of the negotiation, whether or not you have to pay is another issue, but you walk into it knowing that you may have those types of expenses. And to me, it's disheartening. I mean, it's insulting to walk away from the table with an agreed or what was thought to be 30 percent for local workforce participation and then come back on the day of on the dais with 10 percent. City of Miami Page 163 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Sarnoff Well, Commissioner -- and just -- and I may support you on 30 percent. Just be careful you don't create a barrier of entry that it -- five times zero is zero. Just make sure you -- Vice Chair Hardemon: And of course, I mean, that's something that we should consider. But I will tell you this: It's not like the information regarding the wage, the Responsible Wage Ordinance wasn't known. I mean, this was something that was provided in a typewritten -- you know how I like to write things down for people to see. It's in a typewritten document that was provided to this organization to take a look at. And the number of calls that I received prior to that meeting and after are greatly different. Commissioner Suarez: Thank you, Mr. Chair. A couple things: One is -- and I think we're also a product, like you said, of when we got here, you know. And I think, you know, when I got here -- I've come a long way on this issue, let me tell you, from when I first arrived, if you guys remember. And the first encounter that I had with this issue was actually a contract that we had, the City had with our security company, Kent Security, and some of the employees came to visit with me with a representative, a union representative, and they said, "Look, you know, there is a living wage component in the contract, and it's not being upheld, it's not being enforced" I brought it to the attention of the City Manager and the Auditor General, who did an investigation and found out that, in fact, that was correct, and those employees were paid back every single cent that they were owed. And that was my introduction on the topic. And I feel that one of the things that I think are getting a little lost in this discussion, from my perspective -- and again, I've been here for -- this is my fifth year; it feels like an eternity -- but from my perspective, we've come so far from where we were, where we didn't have the living wage component in any of our procurement contracts; where we didn't have the living wage component in our own salaries, and we've started to undo that and unwind that as the economy has improved. So I kind of understand your desire, particularly since we've been talking in the context of poverty, to push the envelope. And I feel that you feel in your heart that that's your responsibility, and I commend you for that, because at the end of the day, that's what we're here for. Vice Chair Hardemon: But I pride myself on my reasonableness, also. Commissioner Suarez: Right. And so what I would say is this: It seems to me -- and I know there's a lot of people here that would wish that we deferred this right now, because there are other things on the agenda -- but it seems to me that, really, the agreement and the framework of the agreement is acceptable, with the exception of two numbers. One is the local participation number, and the other one is the wage; those are two numbers. Everything else is acceptable. So, you know, it's easy to defer things, I suppose. It's easy to, you know -- but when -- for example, many of the community members came and said, "Okay, we're going to articulate three issues that we have a problem with: the signs, the right-of-way or air rights, or whatever, et cetera, et cetera." And when those issues were dealt with, there's just no reason to -- and they're dealt with in a very efficient and simple fashion, there's no reason to delay anything. I mean, I understand that they still want it delayed irrespective of that, but, I mean, there really isn't a reason, because those things were dealt with, and they were dealt with efficiently. You know, I don't -- I really don't know why we got here without this being agreed to. We should have had an agreement. And I know how difficult negotiations can be. Sometimes, it's just a matter of putting it to a vote and doing whatever we have to do, and making the best decision possible. What I would urge is that we either take a little break or we keep dealing with the agenda, and you go back there and deal on those two issues, on those two items, which you're very passionate about. And I think you are being very reasonable insofar as your understanding that you may be able to give on one and get from the other, per se, in your negotiations, and I think -- that's just what I read; maybe I didn't read it right -- what you just said a second ago, that you seem to be willing to have a little bit of give on one item for the other. So I don't want to put words in your mouth, City of Miami Page 164 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 'cause that's always very dangerous, putting words in anybody's mouth. Vice Chair Hardemon: I mean, I walked into the picture with that in mind, but I -- and I will say, you know, are we partners? Has the City made some concessions thus far? Yes. Very -- but where we will be going, and I think that -- Commissioner Suarez: Whoa, we understand -- Vice Chair Hardemon: -- where we will be going. Commissioner Suarez: -- absolutely. There's no doubt. Vice Chair Hardemon: Because I will tell you this -- Commissioner Suarez: There's no doubt about it. Vice Chair Hardemon: -- when I look into the future and I see a parking garage that may need at least $60 million, parking garage. Commissioner Suarez: I got you. Commissioner Sarnoff Yeah, yeah. Vice Chair Hardemon: And then I think about a TIF (Tax Increment Financing) agreement where you were talking about that convention center that may need some assistance? Commissioner Sarnoff Totally different hat. Vice Chair Hardemon: When you talk about another agreement that may need some additional dollars -- Commissioner Suarez: I got you. Vice Chair Hardemon: If we were a private company, we would be asking for equity. We would be asking for not -- because we don't have -- we won't have just the skin in the game, we'll have an arm in the game. Commissioner Sarnoff No, you're right, you're right. Vice Chair Hardemon: And so the question is: How and when do you go about requesting some of these pieces of the puzzle? So there are some things that I'm willing to kick that can down the road and say we need to talk about that later, but there are other things that where the benefits are to be derived today, because we're not going anywhere, but if, in fact, the deposition that was talked about earlier where they said -- Mr. Motwani said that they're just going to flip this deal, then it may not be on his shoulders. Commissioner Suarez: But what I think the Commissioner said, and it's true, is there's always been talk about some sort of a subsidy, whether it be through the CRA or through some other form, and I think that point is where the nature of a partnership seems to be a little bit more of a better example. Now, I will caution you, because I am a big proponent of TIF financing, I am, and I'll tell you why: That's the purpose of the CRA. If there is a purpose, it's to redevelop an area, and if you're going to redevelop an area, you have to incentivize someone to redevelop in that area. So therefore, what you are giving back is only what you would be getting had that person developed in that area. If they don't develop, you don't get anything. So, you know, that's always been my perspective. I've always been very consistent on my view of that, and that's City of Miami Page 165 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 where he got the "a billion dollars of zero is zero, " because I always said that in the CRA meetings, a billion times zero is zero. If you don't get any development in the CRA, you don't generate TIF revenue, which doesn't come back to you. Vice Chair Hardemon: Of course. And, Commissioner, one thing that you learn in business school, you learn to incentivize an investment, right? Commissioner Suarez: That's what I mean. Vice Chair Hardemon: Some places don't need that incentive; some places just don't need those incentives. Commissioner Suarez: Like Brickell City Centre. Vice Chair Hardemon: Exactly, right? That's why I looked to my left. However, however, the question becomes: At what point is it an incentive, and at what point do you become a partner? And then moreover, at what point -- if we know that we are to expect some type of partnership to the tune of that amount of money, when is it that we start to begin to ask for some type of benefit to come back to the citizens of the City of Miami? Commissioner Sarnoff I think you're dead right in that moment in time. I think you're absolutely right. I think when you start putting financial dollars into the game, one, you could be a part equity investor; two, you could say, "You know what? I choose not to have equity for the City. I choose to have equity for the citizens of Miami," and that is where I think a lot of people have a lot more comfort in that conversation, because you are actually a partner. You're actually putting money into the game, and you're saying, as Commissioner Suarez says, "Look, the reason you need this incentive is because you're in a blighted neighborhood. You're in a neighborhood that nobody else will take the financial risk of what you're putting $2 billion in." I'm using the number. So if you're going to end up putting 30, 40, 50 -- let's use nigh numbers -- 60 million in, it's Davis Bacon, it's however you fashion the remedy. It's even an equity interest if you fashion the remedy. But conversationally right now -- and I have no problems working through some of this -- you know, it's difficult to me, because you're being asked to make a text amendment, and then you're being asked to create a development agreement, which, really, you're not a financial stakeholder partner. I mean, things have been brought up here. You know, how about the air rights? Okay, rect. Air rights are -- you know, they build something, they're going to pay for 'em. You didn't give away anything. Liquor licenses dealt with, you know. We treated it the same way as Brickell City Centre. And I don't want to rehash things. My only point is the City every so often puts on its, what I call, entrepreneurial hat. CRA puts on it entrepreneurial hat almost every day. I know you're going to put it on tomorrow. And you have a right to say to somebody who's getting a dollar, a subsidy, whatever you'd like to call it, "What's in it for the citizens of Overtown? " because that's the hat you wear. Vice Chair Hardemon: So where we are is trying to decide if we're going to, one, take a break. If we choose to take a break to discuss these issues or -- my break room, my break room folk -- or, two, as you said before, defer it to the next meeting where we can have greater discussion about the issues that were presented and how we move forward. And Mr. Motwani's already shaking his head in disagreement. I will tell you this: I'm more confident in the fact that I'll be here, and you will be here, Commissioner, and you will be here, Commissioner and yourself to discuss the benefits that will be available to our community moving forward than I am presenting a development agreement that really doesn't have anything for the people who reside within that community. In fact, I mean, I wouldn't be surprised if there's a restate -- amended -- an amendment to the restatement of this agreement where it's saying, "To hell with it; five percent for Miami -Dade County," because they don't have the -- you're shaking your head -- we're shaking our head, "no," but right now, we're looking at a 10 percent. So, you know -- Mr. Motwani. City of Miami Page 166 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Motwani: Commissioner, thank you. And, listen, I just want to say, sincerely, we are very close, I think, as Commissioner Suarez said, and it's really two things we need to talk about. I think there's clearly been a bit of miscommunication between our two camps and if we -- if you'd be kind enough to listen to a different item in the interim or take a break, however procedurally it works, I think we can sit down and quickly get back on track, because I think we are very clear on where you stand in your commitment to eradicating poverty. We do feel that we have a responsibility as a larger project own -- property owner and developer to work with you. And I think we are very close, and I think we made a tremendous amount of progress on all issues, including this one; we're just not there yet, and I don't think it'll take a long conversation to get there if you'll oblige and allow us that. Vice Chair Hardemon: I mean, I'm willing to oblige if there are no objections from the rest of the Commission. Commissioner Suarez: I have no objection. Commissioner Sarnoff Could we take a 15-minute break? Commissioner Suarez: Yeah, sounds good. Thank you. Mr. Motwani: Thank you. Vice Chair Hardemon: Right now we want to move back into PZ. 6 and PZ. 7, and my lawyers did something for me that probably all of us need to be aware of. Just in case there is any discrepancy, the names for the Jennings disclosure, I wanted to make sure that I file -- at least state it on the record that there's a Jennings disclosure, because I have met with people from both sides of this agreement, of this discussion, so at least Mr. Nitin Motwani, Ivan [sic] Eichenbaum, Bill Riley, Iris Escarra, Lucia Dougherty, Ryan Bailine, Terry Murphy, Henry Crespo, and we discussed Sections 8 and 14 of the development agreement and the -- and all of this in general, so I wanted to make that to be known on the record; that there has been some discussions and meeting with me regarding this issue dealing with Miami Worldcenter. Mr. Crespo: Mr. Chairman, there's also an issue of a State Statute 1633225 -- Vice Chair Hardemon: And I will tell you that I did not recognize you to speak. Mr. Crespo: Okay. Vice Chair Hardemon: So this is not the time to speak. I understand that you have an issue, and we will address that issue, but as of right now, you do not have the floor. Mr. Crespo: Okay. Vice Chair Hardemon: Thank you very much. So right now, we're going to go to PZ.6 and PZ.7, Madam -- or Mr. City Attorney. Mr. City Attorney, the -- there was a document that was passed to us earlier in our -- when someone was giving a presentation. It was regarding public hearings and development agreements, and there, it stated -- and I'll provide it to you -- "The notice shall specify the location of the land" so it's basically a notice requirement, and what Mr. Crespo is alleging is that we're not in compliance with the notice requirement for the development agreement, so I just wanted to let you know so you can address it on the record. Mr. Min: We disagree with Mr. Crespo. The resolution, and as it's been advertised, specifies the location of where the development agreement is to occur. Vice Chair Hardemon: Okay. And Mr. Clerk, we had not voted on PZ.6 just yet; is that correct? City of Miami Page 167 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: Neither PZ.6 or PZ7, no motions, sir. Vice Chair Hardemon: And the public hearings have all been closed on both items? Mr. Hannon: Yes, sir. Vice Chair Hardemon: Okay, so the item that had been holding us back a little bit was the PZ.7 item? Mr. Hannon: Yes, sir. Vice Chair Hardemon: So I'll refer our attention to the PZ.7 item. Mr. Motwani, if you might want to come to the dais -- I mean, to the podium, just in case there is -- or anyone from the Greenberg Traurig team, just in case there's any questions. But we were able to meet, and we were able to discuss some of the items that would make this agreeable to both parties. And Mr. Attorney, do you mind placing those items on the record? Mr. Min: Yes. As far as -- I will work off of the latest version; the substitution item that was handed out by the Planning Department on Friday. What's been agreed to in Section 7 on page 6 of the development agreement is that the developer has agreed to pay for any user fees when it comes to the public right-of-way. On page 7, Section 8B, "tower signs" has been deleted. And the language concerning Class "C" signs, advertise -- commercial advertising signs, murals, billboards and media towers has been clarified to indicate that if any such sign permits are applied for, it would be pursuant to Miami 21 and/or the City Code, but not subject to this development agreement. With respect to Section 14, which starts on page 10, Sub -Section (a)(2), $11.83 has been increased to $12.83; $10.58 has been increased to $11.58; the CPI (Consumer Price Index) escalation year has been changed from January 1, 2016 to January 1, 2018. Sub -Section "B, " local workforce participation during construction, 30 percent has been changed to 25 percent. Vice Chair Hardemon: Or 10 percent from -- Mr. Min: The 10 percent is a version that has not been handed out, so I'm working off of the amended agreement, the substitution that was handed out last Friday, which is in the agenda. The 30 percent has been changed to 25 percent; Sub -Section (d) (1) on page 12, 10 percent has been changed to 7.5 percent; Sub -Section (d)(2), the 10 percent remains at 10 percent. There is now a new paragraph added to the end of Section 14 that now reads as follows: If the developer enters into a Tax Increment Fund agreement with the Southeast Overtown/Park West Community Redevelopment Agency, and if the TIF agreement states higher requirements regarding job creation, hourly wage or any of the other requirements under Section 14 of this agreement, then the parties agree that the TIF agreement shall be binding and shall supersede the provisions of Section 14 herein. If the TIF agreement does not state higher requirements regarding job creation, hourly wage, or any of the other requirements of Section 14 of this agreement, then the parties agree that this amended agreement shall be binding. I believe, Mr. Vice Chair, those are the changes. And I'm sorry, there was one other change that was discussed. The last sentence under Section 14, the first paragraph of Section 14. Vice Chair Hardemon: What page -- where are you referring to now? Mr. Min: Section 14(a) on page 10, that sentence will now read or it's being proposed to be read: "The developer agrees to use diligent good faith efforts to achieve or to cause its general contractors and subcontractors to use diligent good faith efforts to achieve as applicable the following goals," colon -- City of Miami Page 168 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Vice Chair Hardemon: That -- I think they were out of the room, and I'm sorry, I didn't -- you were out of the room. Mr. Min: Right. That's why I went to -- Vice Chair Hardemon: The -- I apologize for that. Where it says -- are we on page 10, Section 14(a)? At the last sentence where it goes to -- well, it's actually the second sentence. "The developer agrees to use diligent good faith efforts to achieve or cause to achieve its general contractors and subcontractors to use diligent good faith efforts to achieve as applicable the following goals." I was saying that you could put a colon there and not have the section that says, "which the parties hereto agree are purely aspirational in nature." Mr. Min: The suggestion, Commissioner, I was having with the developer since the language -- that language was not actually negotiated was that the language indicates that the developer shall use good faith efforts, so the deletion of the aspirational language I don't think is relevant. Ryan Bailine: Ryan Bailine with offices at 333 Southeast 2nd. In response to the commentary about the diligent good faith efforts, this agreement's been vetted by our partner's lenders, as well as ours, on another phase of the project and has been very problematic absent that last sentence, because it's a charge that is, you know -- lenders can't get comfortable with it, and we use that -- we took that language from an agreement which the City recently entered into and under very, very similar context, so we thought that that would be not a point of debate, but something that the City and the City Attorney's Office was very comfortable with. Mr. Min: Mr. Vice Chair, you're asking as far as the --? Vice Chair Hardemon: Right. So that's fine. So we can leave the language as it is. And the language that we agreed to at the very end, which is the paragraph, the section that talks about -- at the end -- read the last sentence for me, please. Mr. Min: The last sentence regarding the TIF agreement, it currently states: `If the TIF agreement does not state higher requirements regarding job creation, hourly wage or any of the other requirements of Section 14 in this amended agreement, then the parties agree that this amended agreement shall be binding." Vice Chair Hardemon: I want to strike that one, because the reason being it's kind of redundant, and it could cause me some problems -- well, cause us problems in the future. The purpose of that line was to say that if we had the TIF agreement, then it shall supersede, and I think that was stated in the fore -- in the sentence just before, so anything else after that, it was superfluous and could possibly cause us more problems; is that okay? Mr. Motwani: That's fine. Vice Chair Hardemon: All right, so strike that part. Mr. Motwani: It works. Vice Chair Hardemon: Other than that, I don't think there were any more changes, and everyone Commissioner Carollo: Mr. Chair? Vice Chair Hardemon: -- agrees that this is agreeable -- you have some discussion about this? Commissioner Carollo: Yes. City of Miami Page 169 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Vice Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. I want to discuss with regards to page 11, and I think it's Section 14(b), where it says at least instead of 30 percent, it's 25 percent. I see that there is a priority; however, it's possible to have the whole 25 percent or 20 percent from the County and only five percent from the City. So I kind of -- I'm a little uncomfortable with this, because I've seen from other agreements that we've done, we've done at least 20 from the City of Miami residents, and it could be, you know, by order of priority; the highest poverty rate index ZIP (Zone Improvement Plan) zone and then the whole City, but I -- and I understand we're going in the orders of priorities, but the bottom line is that I want to make sure the City has a good portion of those jobs. I don't want it to be five percent in the City and 20 percent in the County; you understand what I'm saying? Vice Chair Hardemon: I completely understand. Is there any language that you could agree to that would make that be known? Mr. Bailine: Can I respond to that? Vice Chair Hardemon: You are recognized. Mr. Bailine: One of the things that we thought about in preparing this and having an ordered preference, if you will, is that, thankfully to the City, separate and apart from us -- and there are many, many other large projects, some of which have very similar language through development agreements, and maybe others will have a development agreement in the future. We didn't want to not be able to go to the County in the event all the jobs and all the people in the first, you know, five, four ZIP codes in the City weren't available, 'cause they were working on something else. So we thought that this provided holistically for the City first, obviously, through this hierarchy, and the preference language; and then in the event there aren't folks that are available, in the County; that's how we thought. Perhaps there's another line of thinking, but we thought this was satisfying your -- Vice Chair Hardemon: Could we -- Mr. Bailine: -- requirement. Mr. Motwani: I think our intention, Commissioner, is in line with what you are, so if there's some language that -- Commissioner Suarez: I -- Commissioner Carollo: Can I --? Commissioner Suarez: Go ahead. Commissioner Carollo: To put no less than 20 percent or no less than "X" percent be from the City of Miami; in other words, that at least "X" amount need to be from the City of Miami. And I think that's reasonable, and I'm telling you, I saw 20 percent, and I'm speaking about the Marlins contract. It was 20 percent for the City, and then 30 percent from the County as a whole. So I think it's doable, and I think it should be at least 20 percent from the City. You know, first, starting priority, highest poverty rate index ZIP code in the City; second the whole City as a whole. Vice Chair Hardemon: Commissioner Suarez. City of Miami Page 170 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: I would do it a little differently, and here's the way I would do it: I would say, "residents of the five highest poverty rate index ZIP codes in the City," period. "Should there be no residents in this category, then" -- and then go to the next category, and I'll tell you why: You could get all 25 percent from those five ZIP codes in the City, but if for some reason, as they state, there's four or five competing projects and you go to that ZIP code and -- those five ZIP codes and there aren't anybody available in those five ZIP codes, then you would go to the next category. So if you try to -- and please don't take this the wrong way -- artificially put a number like 20 percent, if they're not there, you're just creating a condition that can't be met. So what I'm saying is if you say, "You first have to go to this pool; if there's no one available" -- there may be 25 percent and the entire 25 percent may be and hopefully is in that first pool, which is, I think, the pool that we all want to benefit the most, which is the poorest ZIP codes in the City of Miami. If there's nobody -- if you can get all 25 percent from that pool, great. If there's nobody in that pool, then you go to the next pool, and then the next pool. So the way I would write it is: "The contractor shall employ such persons using the following priorities: First, residents of the five highest poverty rate index ZIP codes in the City," period. "If there shall be no residents in this category, then, second, City residents in general," period. "If there be no residents in this category" -- or whatever -- "no applicants in this category, " third and fourth, 'cause -- Mr. Bailine: Commissioner, that's perfectly fine with us. Commissioner Suarez: -- you might get all 25 percent -- you hopefully will get all 25 percent, and that creates an obligation for you to first get potentially all 25 percent. Mr. Bailine: Which I think goes to Commissioner Carollo's concern in how it's currently drafted; that makes perfect sense. Commissioner Suarez: Which is precisely his concern, which is that if you can get all 25 percent from the City, you should be obligated first to exhaust that category before you can move on to the next category. Mr. Bailine: No problem. Commissioner Carollo: Yeah, and that's what I meant, in order of priorities; however, I want to make sure that by the time it goes to the County, the City as a whole, which is the next -- Mr. Bailine: Fully vetted. Commissioner Carollo: -- have -- exactly, exactly. And maybe that's where Mr. Riley and some of his internship programs and so forth could participate to make sure that City residents are -- either have a job, or if not, trained into some of those jobs. And that's where I meant that before it goes to the County, at least 20 percent should be from City residents as a whole, the whole City. Vice Chair Hardemon: So is there at least a motion for the amendment? Commissioner Suarez: Yeah. Vice Chair Hardemon: What was the amendment? Commissioner Suarez: Look, I -- Vice Chair Hardemon: Not a motion for the amendment. Is there a friendly amendment to this document -- City of Miami Page 171 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: Yes. Vice Chair Hardemon: -- that you would like to put? Commissioner Suarez: The friendly amendment to the document is, essentially, that you would end -- instead of with a semi -colon on 14(a), you would have a period, and then you would start the next sentence with -- or sub -- Commissioner Carollo: I think it's 14(b). Commissioner Suarez: -- paragraph with: "Unless all such persons from that high poverty index are exhausted, " for lack of a better word, or that category is exhausted, "then, second, City residents in general," period. "Unless all such residents from the City have been hired, " or something to that effect, then the next category, so that they're required to get potentially all 25 percent from the first category, which are the poorest residents. They have to prove that they've -- "We've hired every single poor person in those five area codes" before they can move on to the next category, which could mean that they would have to hire literally all 25 percent from that category. So I think that's the better way to draft it. I think that was the intent of the paragraph; I just don't think it was drafted that -- in that way. Vice Chair Hardemon: And that's fair? Commissioner Carollo: Mr. Chairman, can I -- Mr. Bailine: We have no problem with that. Vice Chair Hardemon: There is a -- so (UNINTELLIGIBLE). Commissioner Carollo: I just want to make sure that if they don't find the workers within those five highest poverty rate, that they look at the City as a whole, and before they go to the next category, which is the County, that then they look at the internship program in order to see if we could train City residents to do some of these jobs. And I'm hoping that we at least meet 20 percent from the City before it goes to the County, and that's what I'm trying to do. Commissioner Suarez: Yeah, and I think we're saying the same thing. I think we're saying the same thing, so from a language perspective -- Vice Chair Hardemon: The 20 percent, the way that you described it, Commissioner Suarez, was taken from the highest poverty districts or was it citywide? Commissioner Suarez: No. The way I look at it is you have four different categories. You have the five poorest districts or the five poorest ZIP codes in the City of Miami; that's one category, right? Then you have the City as a whole; that's another category. Then you have the five poorest districts in the County; that's another category. And then you have the County as a whole; that's a fourth category. What I'm saying is before you can move on to the next category, you have to prove that you've exhausted all candidates in the prior category. In other words, if there's a 25 percent requirement, you need to get all the 25 percent from the first category, which is the poorest people in our City. If you prove that there are -- every poor person in our City has been hired, then you can move on to the next category. Do you understand what I'm saying? Vice Chair Hardemon: Right. Commissioner Suarez: Which -- Commissioner Sarnoff Hired or -- City of Miami Page 172 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Commissioner Suarez: -- is going to be hard for you to do. Commissioner Sarnoff -- unavailable. Vice Chair Hardemon: Or unavailable. Commissioner Carollo: And by the way -- Commissioner Suarez: Which -- Commissioner Carollo: -- I agree. The only part that I want to add is that before we go to the third category, which is to the County, that we exhaust all the City, and not only that; maybe we can train some of the City residents to do some of those jobs as opposed to going to the third category. So I want to exhaust every which way possible for City residents to obtain those jobs, yes, in a priority manner. Commissioner Suarez: And that's why I think -- excuse me for a second -- and that's why I think, Mr. Chair, that the -- hate to go back to what I said earlier -- but that the construction institute is so important, because there may very well be a disconnect between people who are looking for jobs and the skills that are needed to perform the jobs that they are going to be providing. So I firmly believe -- I know that there were other agencies that testified here today about their programs, and I trust their programs. I -- they're good people. I firmly believe, because of our history with the Hospitality Institute, that we need to have our own institute. Why? Because we -- the Hospitality Institute is the perfect example -- we have measurables. We know the people that have graduated. We know what school they've gone to. So no -- there is no developer that can come to us and say, "We've exhausted this category," if we are training people ourselves, as the Commissioner said, and we are providing the supply into that category. In other words, we, ourselves, are going into those five poor neighborhoods, those five poor ZIP codes and saying, "We're going to give you the skills to be the labor force to meet these requirements." So if we've trained a thousand people that haven't been hired, guess what? They can't move on to the next category; they can't move to the City [sic] as a whole. They have to hire those thousand people under the language that we have. So I think that the -- there were -- we have an additional obligation as a CRA Board to train the people in these ZIP codes to do the jobs that are going to become available, and I really, really feel, by and through the Poverty Initiative, that that's something that we need to look at, because I think that -- and we should do it independently; I really do. I don't think we should rely on another organization. I think we should do it just the way we did it with the Hospitality Institute. Why? Because it worked, so why reinvent the wheel; you know what I'm saying? Anyhow. Vice Chair Hardemon: So how would that language be reflected? Can we have an idea of the language that would be changed in Section 14(a)(I)? Mr. Min: Commissioners, I would suggest that if there is an agreement by the developer, and they state on the record that they agree to what the Commissioner's stating, the actual words can be hashed out afterwards. From my understanding, what the goal is, is that -- and I won't even use the 20 percent. I'll say 25 percent, 'cause that's the number that I think has been agreed to -- 25 percent of the workforce will come from the lowest ZIP code -- poverty ZIP codes in the City of Miami. If there are people that -- 25 percent do not qualify, then it'd be the City of Miami as a whole. Before you even move on to the County, whether it's poverty or the County in general, you must complete -- get to the 25 percent from the City of Miami as a whole. So I will work with the developer assuming -- Mr. Bailine: Yes. City of Miami Page 173 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Min: -- they agree to that premise which the Commission has stated on the floor today; that that is your directive. We can work out how to encompass that in the actual agreement. Mr. Bailine: That -- Commissioner Carollo: And -- Mr. Bailine: -- that's fine with us. Vice Chair Hardemon: Commissioner Carollo. Commissioner Carollo: If may, Mr. Chairman? Vice Chair Hardemon: Yeah. Commissioner Carollo: And before you move to the third category, which is the County, you then -- if you don't have the 25 percent from the City of Miami, then look at institutes like the one Mr. Riley stated, or if not, South Florida Workforce to see if it's possible to train residents in order to meet those job requirements. Thank you. Vice Chair Hardemon: I don't believe there were any other amendments to this document. I don't hear any further discussion. And I will say when it comes to that 14(a), where we talked about the "hereto agree are purely aspirational in nature, " when you -- the -- in the last agreement where you pulled this from, the whole, "to use diligent good faith efforts," I added those in there, because I needed -- I know it needed some buildup, and all the Commissioners who are here that are lawyers know that "diligent and good faith effort" means something in a court of law. Commissioner Suarez: It's an a irmative requirement. Vice Chair Hardemon: Right. So, I mean, it does mean something. It's not -- the language as it is, is not where I want to be, but it's where we can agree to be today, but I think that everyone should realize that in the future, we look to improve upon that type of language so that the people who are here on this dais have an opportunity to guarantee at least to our constituents that we are trying to get that jobs that are available to them. Commissioner Suarez. Commissioner Suarez: And let me just make a slight digression. It won't be long, 'cause I know we've -- everyone here has been here for a long time, very patiently. I would say maybe at some point in conjunction with the Poverty Initiative, it might make sense to pull in the lenders, the big lenders and try to tell them what we're trying to do, and why we want them to get comfortable with this language, and why we think this language is needed, because it's -- they're right. I mean, they're just reflecting what they're getting from big institutional lenders. Vice Chair Hardemon: Right. Commissioner Suarez: And we've talked about it in the context of other big projects, you know. Institutional lenders are very finicky. When you're lending three -- you know -- 500, 700, 800, a billion -two, you have a tendency to look at the fine print. Mr. Bailine: That's right. Commissioner Suarez: So I think maybe there's a space at some point also to look at how we're creating our documents and why we feel that lenders should not only be comfortable with this language, but they should embrace it. City of Miami Page 174 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Vice Chair Hardemon: Thank you, Commissioner. As a matter of proper procedure, we need to vote on item PZ.6 first. Is there a motion? Commissioner Suarez: I will move it as amended. Mr. Hannon: PZ.6, to my understanding, is not being amended; it'll be PZ.7 with the development agreement. Commissioner Suarez: I apologize. I'll move PZ.6. Commissioner Sarnoff Second Vice Chair Hardemon: It's been properly moved and seconded that we approve item PZ.6. Is there any further unreadiness or discussion? Hearing none, all in favor say "aye.' Mr. Hannon: Chair, Chair, it's an ordinance. Vice Chair Hardemon: I'm sorry, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Vice Chair Hardemon: Is there a motion on PZ.7? Commissioner Suarez: So moved as amended Commissioner Sarnoff Second Vice Chair Hardemon: It's been properly moved and seconded that we pass item PZ.7 as amended. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. Mr. Motwani: Thank you, Commissioners; appreciate your help. Vice Chair Hardemon: No problem. You're welcome. PZ.8 ORDINANCE 14-00664zt Second 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 City of Miami Page 175 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 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. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort 13485 Vice Chair Hardemon: Okay, so there are one, two, three, four other items that are listed still in the PZ (Planning & Zoning), on our PZ calendar: The Zoning text, "regional activity complex." Francisco Garcia (Director, Planning & Zoning): Yes, sir. Vice Chair Hardemon: PZ.8. Mr. Garcia: Yes, sir. Would you like to go there next? Vice Chair Hardemon: Sure, let's call that one. Mr. Garcia: Very well. Item PZ.8 is before you on second reading. This is an amendment to Miami 21; in particular, Article 6, Section 6.1 and Table 13. This is basically to provide a clarification of the definition for "regional activity center" and provide regulations for these uses in particular as pertains to exhibition centers and places that actually allow for -- Commissioner Sarnoff. So move. Commissioner Suarez: Second. Mr. Garcia: -- large gatherings. Vice Chair Hardemon: It's been properly moved and seconded that we accept this as presented, PZ.5 -- I'm sorry, PZ.8, PZ.8. Is there anyone from the community that'd like to speak on this item? Seeing none, I'm going to close the public hearing at this time. Any further discussion from the Commissioners? Hearing none. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 176 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Todd B. Hannon (City Clerk): Roll call on item PZ8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Unidentified Speaker: Thank you. Good night. PZ.9 RESOLUTION 14-00421 ha A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY LUIS R. GUTIERREZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI HISTORIC PRESERVATION AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION OF A MIXED -USE BUILDING AT 4510 NORTHEAST 2NDAVENUEAND 191 NORTHEAST45TH STREET WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT. 14-00421ha 10-09 Fact Sheet.pdf 14-00421ha Appeal Letter.pdf 14-00421ha HEPB Reso, Staff Analysis & Maps.pdf 14-00421ha Supporting Documentation.pdf 14-00421ha Legislation (v3). pdf 14-00421ha Legislation (v2).pdf 14-00421ha Exhibit SUB.pdf 14-00421ha-Submittal-Ben Fernandez-180 NE 45th STArea Photo.pdf 14-00421 ha -Submittal -Ben Fernandez -Letter of Insuffient Appeal for 191 NE 45 St + 4510 NE 2 A\ 14-00421 ha -Submittal -Ben Fernandez -Letters of Support from Neighbors.pdf 14-00421ha-Submittal-Ben Fernandez-Transcrips of HEPB-May 6, 2014-Item No. 14-00420.pdf 14-00421ha-Submittal-Ben Fernandez -Transcripts of HEPB-June 3, 2014-Item No. 14-00421.pdf 14-00421ha-Submittal-Wendy Stephan -Buena Vista East Historic District Map and Pictures.pdf 14-00421 ha -Submittal -Wendy Stephan -Chapter 23 Code.pdf 14-00421ha-Submittal-Wendy Stephan -Current Code Section 23.pdf 14-00421ha-Submittal-Wendy Stephan -Transcripts of HEPB-June 3, 2014-Item No. 14-00421.pdf 14-00421ha-Submittal-Wendy Stephan -Transcripts of HEPB-May 6, 2014 -Item No. 14-00420.pdf 14-00421ha-Submittal-Wendy Stephan -Transcripts of HEPB-May 6, 2014-Item No. 14-00421.pdf LOCATION: Approximately 4510 NE 2nd Avenue and 191 NE 45th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Luis R. Gutierrez, resident and board member of Buena Vista East FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of a Special Certificate of Appropriateness ("COA") with conditions*. MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"): Approved the COA on June 3, 2014 by a vote of 3-2. *See supporting documentation. City of Miami Page 177 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 PZ.10 12-01180v PURPOSE: This appeal seeks to reverse the HEPB's approval of a special certificate of appropriateness for new construction of a mixed -use building. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Hardemon Absent: 2 - Commissioner(s) Gort and Suarez Note for the Record: Item PZ.9 was deferred to the October 9, 2014 Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY JOEL ORTIZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD'S DENIAL OF AN APPLICATION FOR A VARIANCE AS LISTED IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 7, SECTION 7.1.2.7, TO ALLOW A RELAXATION OF THE TERMS OF THE MIAMI 21 ZONING CODE FOR THE REQUIRED MINIMUM REAR SETBACK, TO ALLOW A REAR SETBACK OF 3'11" (20'0" REQUIRED, REQUEST TO WAIVE 16'1"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2970 SOUTHWEST 4TH STREET, MIAMI, FLORI DA. 12-01180v 10-09 Fact Sheet.pdf 12-01180v Appeal Letter.pdf 12-01180v Analysis, Maps & PZAB Reso.pdf 12-01180v Application & Supporting Docs.pdf 12-01180v Legislation (v3).pdf 12-01180v Legislation (v4).pdf 12-01180v Exhibit.pdf 12-01180v-Submittal-Rick Ruiz -Block View, Permit and Pictures.pdf 12-01180v-Submittal-Rick Ruiz -Site and Floor Plan.pdf LOCATION: Approximately 2970 SW 4th Street [Commissioner Francis Suarez District 4] APPLICANT(S): Joel Ortiz, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the variance. PLANNING, ZONING AND APPEALS BOARD: Denied the variance on July 2, 2014 by a vote of 4-4. PURPOSE: This will legalize the existing addition to a Single -Family residence and convert it into a Two -Family residence. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 178 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 PZ.11 13-01454x1 Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort Note for the Record: Item PZ.10 was deferred to the October 9, 2014 Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PAULA VITALE AND AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND DENYING AN EXCEPTION TO ALLOW A PRE-SCHOOL IN A SUB -URBAN TRANSECT ZONE (T3-L), FOR THE PROPERTY LOCATED AT APPROXIMATELY 537 NORTHEAST 70TH STREET, MIAMI, FLORIDA. 13-01454x1 Fact Sheet.pdf 13-01454x1 Appeal Letter.pdf 13-01454x1 Analysis, Maps & PZAB Reso.pdf 13-01454x1 Application & Supporting Docs.pdf 13-01454x1 Legislation (v3).pdf 13-01454x1 Legislation (v4).pdf 13-01454x1-Submittal-Bob Powers -Letters of Opposition.pdf 13-01454x1-Submittal-Luciano Maestu-letters of Support.pdf 13-01454x1-Submittal-Palph Puig-Presentation of Studio Kids Pre-School.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-14-0385 Vice Chair Hardemon: Now PZ.11 is a very similar issue in another community, so I'm going to call that one now. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Shall I read the item, sir? Vice Chair Hardemon: Yes, you may; PZ 11. Mr. Garcia: Thank you, sir. Before you now is a resolution, item PZ.11. This is an appeal to the Planning, Zoning & Appeals Board denial of an exception for a property at 537 Northeast 70th Street; also for a preschool. In this particular case, the proposed preschool would have 26 children and two staff members. There is one parking space provided on site, and additional provisions have been made, and I'll begin to point out only the salient -- rather, the most salient conditions, as there are many -- but conditional provisions were made for loading to take place off the public right-of-way by the Miami Parking Authority. And the hours of operation would be from 7: 30 a.m. to 6: 30 p.m., and pickup and drop-off would be staggered in three particular times or intervals, and those are set forth in the conditions. The hours of operation have also been set forth. And the last mention I'll make for the record of the proceedings of the Planning, Zoning & Appeals Board is that they recommended -- the motion to approve, rather, failed by a vote of 3 to 6 on July 16, constituting a denial. I'll be happy to provide additional information as needed, sir. Vice Chair Hardemon: Sir, you're recognized. City of Miami Page 179 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Ralph Puig: Good evening. Ralph Puig, Ralph Puig Architects, LLC (Limited Liability Company), 13505 Southwest 99th Place, Miami. I'd like to start saying that I would like you to clear your mind from the last presentation. Even though it's a preschool, it's not the same -- Commissioner Suarez: No wonder why they were shaking their heads the whole time. Mr. Puig: -- situation. And I'm going to read briefly here -- I know we're all tired; it's been a long night, but it's a totally different animal, per se. The application is -- the applicant is requesting the approval of a preschool under Miami 21 Code through an exception within the T3-L zoning of the subject property. A little bit about the history of the property: The property is located at 537 Northeast 70th Street. It is a historic single-family home within the Palm Road District. This property was an abandoned property that was purchased by the applicant in 2006, in which illegal activities were occurring at that time. Between the time of the purchase in 2008 through 2011, this residence was a family daycare, which serviced 10 kids from the age of six months old to five years old. This was prior to the Miami 21 Code, and no complaints and violations occurred during that time. That business, the family daycare, was later relocated to a larger facility, and the residence was rented. In December of 2013, the applicant applied to the Planning & Zoning Board to allow, as per Article 4, Table 4 of the Miami 21 Code, a preschool, which is allowed in the T3-L zonification [sic] by the exception process. An approval was granted for 28 students from the age of three to five years old. After this approval by the Planning & Zoning, the applicant was later informed that they would have to present their application to the Historic Preservation Board, since it's an historical structure, and would have to come back to Planning & Zoning with the recommendation of the Historic Board. In March 2014, the Historic Board approved the proposed site plan with conditions. These conditions were revised on the site plan, and resubmitted and approved. The following conditions were as follow: The submittal of the landscaping plan from a landscape architect, which 171 show you in a minute, showing a five-foot wood fence and landscape buffer on the perimeter of the property to reduce the noise. No facade changes. We're not touching the facade of this historic building; just painting the building, as you can see in the photograph in the monitor. Relocate the parking to the rear of the property. At the beginning of the first proposal, the site plan had the parking in front of the residence, and we relocated it to the rear of the property. We also provided, as per the requirement of the Historic Board, provide pavers on the driveway that leads to the rear parking, as opposed to asphalt parking, which was the original proposal. Also, we relocated the original play area, which was in front of the property, to the rear of the property. That was also done and approved by the board. In April 30 of this year, the project was reviewed at P&Z & Appeals Board (Planning, Zoning & Appeals Board), and a denial was recommended. The applicant appealed and was placed on the June 26 hearing, which, on that date, the item was withdrawn, because the City was informed that the Miami -Dade County Code of Ordinances for Child Care Facility must be reviewed. The City then provided an analysis for the exception and concluded that this application complies with all the requirements under the Miami 21 Code for a preschool by exception process. That included scale of the project -- excuse me for a second -- and so forth; the parking requirement and so forth. The applicant at that time had also reduced the number of students from 28 to 26, and the applicant at this time would like to also present that they have -- they want to offer at least two free scholarships for families in the neighborhood who could not afford the service of a preschool. Also, the Parking Authority -- I've seen a lot of comments concerning parking -- the Parking Authority has granted two street parking spaces in front of the property to be used as a drop-off for students, Monday through Friday, with a maximum 15-minute waiting time. There is -- also will be a signage at both ends of the property stating the hours that you could drop off and the time that you could stay there waiting on that parking space, even though in the package, they have submitted a drop-off and pickup of the students, so you will not have there 26 cars at the same time. Not only that, in their contract with the future parents of the students, there will be a penalty to be paid if you exceed and if you don't come at the time that you're supposed to come up and drop off your kids. So traffic -wise, I don't see there's going to be a major, major traffic jam in that street. Also, if you look at -- there's a photograph in that package. If you attend to the photograph, that street has a lot of parking City of Miami Page 180 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 spaces which are available, which are public parking spaces, and they're always empty. So there's more than enough parking on the street from those photographs that you see there. We also did a study of traffic, number of cars per day, and this was done by the applicant. There was no professional engineer, traffic study and so forth. Again, it's less than 50 students; it's only 26 students. And as you could see by the graph, the traffic -- the incremental traffic, which is this one here, is so minimal, is so minimal that, really, we don't see a traffic issue in this particular site. All they're trying to do is to create a service, which is required in this community. There are no preschools around the area. The location, we had questions that the location of the preschool in the middle of the property was a hazard. I tend to -- my opinion is to say that that is incorrect. The last presentation -- in most preschools, when they're on a corner lot, one of the things that they have to provide are bollards, because it is a safety issue with the traffic. This is in the middle of the street. There is enough room for cars to go by. There is enough parking spaces, public parking spaces in the street. We have dedicated two parking spaces with an allotted time to deliver the kids, and they're not all going to be there at the same time. Again, I think it's something that the community needs. We had a couple of moms here; unfortunately, they had to leave. They left a list with names and phone numbers that they want to have with this type of facility in this area. So with that, I will leave the podium right now, and if you could give me a little time later on, if there's any questions, I'll be happy to answer them. Thank you. Vice Chair Hardemon: Thank you very much. And to be fair, as I was in the last item that we discussed, PZ.12, is there anyone from the community that represents a homeowners association or something to that extent that would like to speak? Robert Powers: Yeah. My name is Bob Powers. I'm the president of the Palm Grove -- Historic Palm Grove Neighborhood Association, which is in the area where this is located. The thing about is that while she has adjacent neighborhood agreements, I can tell you that the neighbors that live at 500 and 502 70th Street; 508, 510 70th Street; 576, 548, 548 -- 'cause it's a duplex -- 565, 535, 558 Northeast 70th Street -- I have their names. You'll -- that'll be gone -- go into the record -- 524 and 527 Northeast 70th Street all oppose this program. It's for all the same reasons that have been read into the record as for the other item. Vice Chair Hardemon: I would advise you, Mr. Powers -- Mr. Powers: Yes. Vice Chair Hardemon: -- to lay your own record. Mr. Powers: What's that? Vice Chair Hardemon: To lay your own record. Mr. Powers: All right, very good. So with that said, those people all oppose it; their names are all here. Mr. -- I have a number of letters and things like that, that were put at the PZAB Board, which I have copies of which I will present to you. The other item at hand is the fact that the Historic Preservation Board has made them park behind the building, so I'd like to have them tell me where the children are going to play, because the backyard is now a parking. The other thing about the Miami Parking Authority is they said that there were two parking spaces in front of the property that were available if nobody else is parked there, because in our neighborhood, as Commissioner Sarnoff knows, is the parking in front of the house does not belong to the house; it belongs to the entire street and the entire block. So only if there's nobody parked there will that parking be available. It's not theirs quid -pro -quo. It's not theirs to have, okay? It's theirs to use if nobody else is there. The issue -- and that's not -- and that's exactly what the thing says. It says, "if not used, it's available"; that's what the Parking Authority says and what they wrote to you. The neighborhood is very opposed to this. It sets a precedence [sic], so they allow it. And the other thing also is upon calling the County, because Mr. Francisco Garcia kept on saying, City of Miami Page 181 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 "Well, we have to follow the County rules," but when I called up the County and asked them, "Hey, listen" -- and Ms. Solares will read that into the -- read that onto the record, 'cause she actually has the paperwork. I said, "How" -- "in a single-family neighborhood in the County, if you have a preschool, how many children are you allowed to have at that preschool?" And the County said 'five," five. And they keep on sending this item back, because, "Oh, the County says this," and "the County says that," and the -- well, that's the County rule. The County rule is you're only allowed five children at a preschool, or a childcare center. I asked all the different ways that you could fit in. He said, "Mr. Powers, it's five." And then on top of that, in the City ordinance, it said that it had to be -- you had to live there to have a preschool there. These people don't live there. They've never lived there. So the issue at hand is it's -- I think they're stretching the truth. I don't think it belongs there. It's a -- you have one of the members who sit on my board, Rico James, whose name is on here, is one of the people who lives right across the street from there who's not interested in having a day -- a preschool next door to him. Unfortunately, Mr. James has children, which is one of the reasons he's not here. And that's all I've got to say about that, and I'll leave it up to Eileen Bottari, because she has a presentation she'd like to give you. Thank you. Vice Chair Hardemon: You're recognized, Ms. Bottari. Sir, can you have a seat for a moment, please? Thank you. Eileen Bottari: Good evening. My name is Eileen Bottari. I reside at 505 Northeast 76th Street in Historic Palm Grove. I took pictures of all the houses on the block so that you can see exactly where this house is located. It's in the middle of the block. It is a contributing house. It is a single-family home. It is surrounded by all private single-family homes on both sides, in the front and across the street. As you can see, the setback from the property line is only five feet. This is not a place where you would put a school. This is a single-family home historic neighborhood. One of the reasons that I took the pictures also was to show you that this was taken in the middle of the afternoon, and there's cars parked along the street. These are houses that have parking outside; in their yards and also outside; 70th Street is a very narrow street. This house has no drop-off for the children. They would be -- the cars would be stopping along the street to drop off. There would be traffic backed up. The proposal is for 21 children. During the public hearing at the Planning Advisory Board meeting, they were asked the ages of the children; two, three, four and five years old. The hours of operation they stated 7:30 a.m. to 6: 30 p.m. There is a preschool in the area on 67th Street and Northeast 5th Avenue. Morningside Elementary has two classrooms for preschool, so it's right there in the neighborhood, which is a public school. I am opposed to this because of the impact it will have on the neighbors. This is not a place to put a school. This is a private residential neighborhood, and it is going to destroy the integrity and the privacy of the private owners of these homes. Many people have invested huge quantities of money to purchase these historic homes and restore them, and we're a neighborhood that's spent the last 20 years improving, and the last thing we want to do is to disrupt any of the neighbors anywhere in any neighborhood by allowing a preschool in the middle of private single-family homes. So I request that you deny this appeal. Thank you. Vice Chair Hardemon: Thank you. Are there any other persons here to speak on public hearing? Todd B. Hannon (City Clerk): Yes, sir. The next speaker that I have is Paula Vitale. Paula Vitale (as translated by Maribel Alonso, official Spanish interpreter): Good evening. My name is Paula Vitale. My address is 537 Northeast 70th Street. I am the owner of the preschool. The main concern for them is the change of use; it's not because of the traffic impact, because I am only four houses from Biscayne Boulevard, and there are 40,000 cars going by Biscayne Boulevard every day and 6,000 cars on Northeast 4th Court. The person who is complaining, the lady who lives on 77th Street is complaining about the impact that this will have on the traffic City of Miami Page 182 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 because of the preschool, but she has a church and a strip club like two blocks from her. We work with two people in the community, and many people agree to this project, and some of them were not able to stay here today; they had to leave. I work with a family home daycare center for 10 years, and I never had any problems, whatsoever. I believe it is something that it is really needed in Palm Grove, as well as in other areas, because it is a middle point between north and south for people who work downtown or midtown, and it is something really needed. It is not -- it has no comparison with going inside the school; it is very different. It is a personalized service and with much less -- very few children in the classroom. The homeowners association is focusing on how much money I'm going to make, and I am not focusing on how much money; I'm focusing on the education I'm going to provide. I am an educator andl am taking care of 10 children in this family daycare center, and I have even provided scholarships for special needs children. That's it. Vice Chair Hardemon: Thank you very much. Ms. Vitalie (as translated by Maribel Alonso, official Spanish interpreter): Thank you. Mr. Hannon: The next speaker, Cynthia Serralta. Unidentified Speaker: Cynthia left. Mr. Hannon: Luciano -- can't even guess on the second name. Unidentified Speaker: Maestu. Luciano Maestu: Sorry. Luciano Maestu, 248 Northwest 50th Street. Sorry. I'm on behalf of four fathers are -- couldn't stay today. I have their -- actually, their three letters. Can I read it? Vice Chair Hardemon: You can make your public comment right now, but we're going to take everyone who's here first before we allow any reading from any letters. Mr. Maestu: Oh, okay. Vice Chair Hardemon: You first. You want -- you can speak for two minutes right now. Mr. Maestu: Okay. Vice Chair Hardemon: But if you want to read, those will be left until the end. Mr. Maestu: Oh, okay. No, I just want to read the letters. Vice Chair Hardemon: Okay. Mr. Maestu: So Igo -- go ahead. Okay. But I going to read the letters. Vice Chair Hardemon: You want to read the letters? Mr. Maestu: Yeah, yeah, yeah. Vice Chair Hardemon: Okay, then have a seat and I'll call you. Mr. Maestu: I mean from there. Okay. Vice Chair Hardemon: Have a seat and I'll call you back. And can I also, Mr. Powers, can I have your -- can I use your muscle? Can you pull these down? I know they were part of the City of Miami Page 183 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 presentation that was previously made; so I can see everyone's face. Just in case someone throws a shoe at me or something, I want to. Commissioner Suarez: You got good reflexes, man. You got plenty reflexes. Grace Solares: Hi. Grace Solares, 60 Southwest 30th Road. Same thing that I said applies to this one. There is precedent for you to be able to deny this thing. The applicant before is seeking to operate a preschool in a single-family residential district. You have to compare the City's T3 designation with the County's equivalent for a single-family residential district, which is RE-1 in the County that permitted uses for a single-family residential district are set forth in Count Code 131 -- 199, and the section prohibits the use for a preschool or comparable facility in a single-family residential area that exceeds five children. Moreover, that same section goes on to say that if the facility does not satisfy the zoning district, then such a facility must meet the requirements of County RU-3 that equates to a greater zoning designation than T3. It also -- it analyzes the compatibility. The design of the nonpublic educational facility shall be compatible with the design kind and intensity of uses and scale of the surrounding area. This does not meet it. Also, there's also with ref -- there's something with reference that I read that I did not mention in the prior one. With respect to the noise, where they plant -- they ask them to plant noises -- I mean plants in order to avoid the noise coming into the residential area. For those of you who have gone to my home, the entire perimeter of my backyard has 10-feet tall ficuses, and they're four feet wide, and they cannot see me, I cannot see out, but they can hear me and I can hear them. So having trees to avoid the noise intrusion into the next door neighbor I think is not applicable. Kindly deny this appeal. Vice Chair Hardemon: You're recognized, sir. Anthony Flatten: Anthony Hatten, 1837 Southwest 24th Terrace. I'd just like to support the denial of this. Thank you. Vice Chair Hardemon: Thank you. Peter Ehrlich: Good evening, Commissioners. Peter Ehrlich, 720 Northeast 69th Street. And I live about a block, block and a half away from the subject property. I'm asking you to deny the appeal. It's a very small house on a lovely street with single-family homes, and there isn't sufficient parking for the quantity of clients they expect to have. I hope you'll deny it for the specific reasons that Bob Powers have given and also Grace Solares. Thank you very much. Mr. Hannon: The next three speakers: Luis Herrera, Ken Jett and Beba Mann. Luis Herrera: Good evening. Luis Herrera, 1181 Southwest 22nd Terrace. We had simple questions, simple answers. It's in the neighborhood. It's wonderful for what he doing for the kids, pero look in good -- better place that he can do it that they can -- people taking the kid over there; no in the middle of the neighborhood. I think that's wrong. Thank you. Ken Jett: Ken Jett, 8320 East Dixie Highway, here with two hats on this item. As MNU (Miami Neighborhoods United) president, we support the area's residential associations in asking that you deny this appeal because of all those things listed; the negative impacts to the quality of life. My personal concern -- I'm going to put my personal hat on now -- is for child safety. Our neighborhoods have experience with this operator. She was at this location prior to this point. When no longer in that location, she rented a home in Shorecrest where she got a State license for a daycare; did not reside in the home, which is a requirement of the license. She said she didn't have any problems, but it is my belief -- and I hope that our director of Zoning could clam this -- that it was reports to code compliance and her not having her certificate of use or a BTR's (Business Tax Receipt) at that location that eventually got her removed from that location, and now she's back in her old neighborhood. So, personally, I also implore you to deny this City of Miami Page 184 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 appeal. Thank you. Beba Mann: Good evening, Commissioners. Again, Beba Mann, 1665 Southwest 23 rd Street. I am here to support the homeowners in the Palm Grove area regarding this daycare, obviously, for the same reasons that they spoke about and the ones that I spoke about. I just want to bring to your attention that this is starting to become like a big issue, a phenomenon that's happening with daycares, and when I was in the Planning Advisory Board, one of the big things that I really looked at, because that was during the height of development, was to have an archeologist where they were sensitive areas to make sure that if they found something, we would know about it so that we could have some of our history. But I never paid attention to the details of a daycare. And I was involved with Miami 21 when it was in its infancy until the end in 2009, and I never in my wildest dream thought that having daycares would be an issue, but it is a huge issue, because the way Miami 21 has it is that it is -- it can go in any residential neighborhood, in the middle of a neighborhood like this. It doesn't make any sense. It just does not make any sense. Either that needs to be changed so that it is more specific -- maybe five children inside a residential neighborhood -- or on the outskirts of a reser -- but not 26, not 20, not 15, not 10; that's a lot of kids for a single-family neighborhood. So I really hope that you guys really reconsider and look back into Miami 21, and look at this particular ordinance, and perhaps tweak it so that every single neighborhood doesn't have to come up here and try to preserve itself, not just from the encroachment of buildings, but now of daycares that want to have 25 to 45 to 49, 50 children. Thank you so much. Mr. Hannon: Paul Mann. Paul Mann: Paul Mann, 1665 Southwest 23 rd Street in Miami. I'm here in support of the Palm Grove, Historic Palm Grove District, asking you to deny the application strictly on -- I don't think you need to look any further than one technicality: County Code requires for any preschool, daycare, preschool between 20 and 40 children stacking -- car -stacking of two vehicles for safe dropping off and pickup of the children, and this location has zero. You cannot pull a car into this property and then pull it out. Only one car at a time can pull in and then back out. So there is zero stacking at this location, and on that point alone, I think it fails compliance. Thank you very much. Mr. Hannon: And Chair, the last speaker that I have is Luciano Maestu. Mr. Maestu: Well, I'm gonna read the letters from the persons that couldn't be here. Heathermarie Griffin, it says: "I am a single mother of two children, an educator and business owner. My family and I live in the Upper East Side of Miami, off Biscayne and 72nd Street in Miami. As a full-time worker, mother, I desperately need a daycare center in my neighborhood that allows for my long work hours. Studio Kids came highly recommended by many neighbors and friends. Once I toured the school and I met the staff I was thrilled. I have finally found a small nurturing place for my son. Studio Kids has met all my expectations and more. It is affordable while offering top notch care as an educator and one of the smallest ratio of child to caregiver, and Studio Kids deliver. The staff is caring, kind, and considerate. The curriculum is amazing and developmentally appropriate. They offer a bilingual environment, yoga twice a week, art and music class. The parents are invite for special occasions throughout the year to celebrate and share the progress and development of their childs [sic]. My son has attended for two years and is now completely bilingual in Spanish and English. He also has an appreciation for music and yoga. Studio Kids is an invaluable asset to our small Upper Side" -- "Upper Eastside community. I have recommended the center to friends who have enrolled. They are all pleased as I have been with the care and education. Please do not take this very special place away from our community of working professionals and their children." Well, I have two more. This is Marina Claps. I don't have their address. I have this -- like the name and sign. "My name is Marina Claps and I have two daughters. They've been attending the Studio Kids for four years, since they were 11 months old. The environment of the daycare is excellent and the quality City of Miami Page 185 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 of the care the kids receive, too. I also love its location. It's very convenient for people that live all up and works in downtown. I think having this kind of daycare is very important, beneficial and necessary for this town. Thank you." And I have Pablo Faraco. I don't have his address as well. "My name is Pablo Faraco. I have one son. He's been attending Studio Kids for four years, since he was ten month old. Really, the environmental" -- "the environment of the daycare and the quality of it, it is excellent, so we are happy. Beside that, the location is perfect, very convenient for the people who work in downtown and I think that this kind of daycare is necessary for this town." That's it. Vice Chair Hardemon: Thank you very much, sir. Is there any other person here for public hearing? Can you provide this to the Clerk for me? Thank you. Any other persons here for public hearing? Hearing none, I'm going to close the public hearing section at this time; open the floor for discussion from the Commissioners, and if I may have some privilege just -- I'll impart some of my words into the issue that we're facing here today. Clearly, we're dealing with two competing interests within this matter. We're dealing with competing interests that involve the community that has overwhelmingly come to show their disagreeance [sic] with this project, and also some members who use the services that are provided by the property owner, who believe that this would be a good thing for the community. Some of the things that were not addressed and that were included within this presentation that I heard today from the facts at least that were laid out, there was some testimony about backyards now being -- a backyard of it now being a park; parking spots in front of their home that doesn't belong to the house, itself 'cause it's public parking that's accessible to all; setbacks of only five feet. I believe that setback of only five feet is extremely important to also when we start to talk about the noise buffering that doesn't appear to be included within this project; noise buffering much like what was indicated before; 10 feet tall ficus trees, four feet wide. I mean, dealing with the car situation, there's testimony that was also provided about the County Code providing requirements for a car -stacking of two, where the school has none, and it has been indicated within the pictures. Additionally, there's testimony and photos that were laid before this Commission that show that the house is in the middle of the street. And particularly, when you look at the Miami 21 map, where we're looking at Northeast 70th Street, T5-O properties align the Biscayne Boulevard area of this community. And I know this community, as they are doing today, has been fighting to alleviate other concerns, such as spot zoning and things of that nature, that come to be near the Historic Palm Grove community. But more particularly indicated on the record, that the cars have no drop-off area; that there wouldn't be enough parking for businesses -- for the business, itself -- I apologize; that this property would have -- this use would have negative effects on the property values; and the prohibition of using a daycare for more than five kids. These were just things that were placed on the record. And then there was also some testimony about the impact that 26 or more kids that are allowed in this residential area for a daycare being too intensive for the area. But then there was some good things. I mean, there were some plans that were presented about staggered pickups; one parking spot being available with -- on the property; less than or equal to two free scholarships for families who could not afford to attend the school, but it was indicated they were from that community. I'm not sure if you own a property in the Palm Grove community though if you can't afford to attend this school. These issues are very, very difficult to tackle, especially because they mix the law with facts, but then it also -- and that's why we're here -- so when the PZAB denies it 3 to 6, they struggled less with this one than they did in your community, Commissioner Suarez. It could possibly be for a number of different reasons; I don't know. I don't have the record before me. However, as indicated here, there is not an existing, as I understand it, use of this facility as a daycare facility. If I'm wrong, please correct me. So we're now dealing here with a business that does not have an opportunity to be placed elsewhere. We're now dealing here with children who have to be removed from the property. So when Igo through all these facts -- even though I welcome business development within my community, when I go through these facts, I'm tempted to find that the scale of the proposed preschool is not compatible with the surrounding uses of the other properties . What I seem to find is that the design of the proposed preschool is not compatible with the design kind and intensity uses of the scale of the surrounding area. All from the presentation of the facts City of Miami Page 186 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 today, it helps me decide that the proposed preschool does not provide the adequate buffering that will be required for screening and reducing noise levels in the -- around all the property lines; so not just what's in front of it, but what's immediately to the left and to the right of it, and behind it, especially with 26 children. My grandmother had 15. We had to have two houses, so, I mean I can imagine what 26 sounds like, all of the same age. I also haven't seen that, just based off of the way that there's a drop-off, I haven't found -- well, there's a -- it seems to be that although there are thousands of cars that drive on Biscayne Boulevard, no one wants those cars to travel down 70th Street. I mean, no one wants their communities as cut-throughs, so I can imagine -- but as presented, I would rather than imagining, that the adverse impact on the traffic due to the proposed preschool would be traffic that as presented goes through that street, where from the pictures that were presented to me earlier, if cars are parked on both sides, it essentially makes this almost a one-way street. I believe that was the testimony that was provided in this presentation. At a time of 7:30 to 6: 30 p.m., it doesn't seem to me that the hours of the school are set in a way that reduced the residential impact of the neighborhood, because that's when most of the families are trying to either get to work, or come home from work, or take kids to different activities, either in the morning and in the afternoon. And it doesn't appear that the adjacent properties' uses -- their homes appear to be in the same likeliness [sic] or fashion as this proposed preschool. And I'm being told by -- Commissioner Suarez: They have to change the tape. Vice Chair Hardemon: -- the Clerk that they have to change the tape, so we need a five-minute recess so that we can start recording again at 12:01 a.m. Later... Vice Chair Hardemon: I'm going to call the meeting back into session. Well, more specifically, I would have to indicate that the preschool -- from what I heard from the testimony that was presented to me, the proposed preschool would not meet the exceptions for Miami 21 Section 7.1.2.6. It does not comply with the criteria in Article 4, Table 12. And I stated before, it doesn't comply with any of the surrounding residential uses. So as I see it from the facts that are presented before me today, there are not conditions that can be placed that would allow this preschool to be compatible within this neighborhood; maybe another neighborhood, but not the one that I see today in the placement where it is right now. So with all that being said, Commissioners, I ask of your indulgence to deny the appeal, affirming the decision of the PZAB. Commissioner Suarez: Move to deny. Commissioner Carollo: Second to deny. Vice Chair Hardemon: It's been properly moved and seconded to deny. Is there any other unreadiness or discussion? Commissioner Suarez: I would just say one thing: You know, we really have to look at this policy again from the get -go. I've been here for five years. I don't think we've ever approved one of these applications in the five years that I've been here, so we shouldn't put these people through what they have to go through. We shouldn't put, you know, them sitting here for five hours and have to listen to our dribble for five hours, and then deny them at the end of five hours, you know. I think we need to do whatever we need to do on the front end to make sure that whether -- iif it's inconsistency with the County Code, or whatever the case may be, let's change our Zoning Code or whatever we have to do so we don't give people the impression that they should even ask for an exception in this case, because I've been here for five years, and that we've denied at least four or five of them since I've been here. We've never approved of one, for all the same reasons; they're all good reasons, they've all stood up, but it's the same thing. So you guys really shouldn't be put through what you're being put through. City of Miami Page 187 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Puig: Can I just say something quickly? You know, I understand the concerns of the citizens, and the Commission and so forth, but, you know, where are you going to put preschool? They're needed in the community. You need these things to be close to residential areas; not on a major highway where mostly the accidents occur, in the corner. I mean, that's basic common sense. I mean, you don't have to be a traffic engineer. Commissioner Suarez: Listen -- Mr. Puig: So where are the future preschools going to be allowed in the City? Commissioner Suarez: Look, I -- Mr. Puig: You need them somewhere. Commissioner Suarez: -- look -- Vice Chair Hardemon: Thank you very much for your time, sir. Can you finish, Commissioner? Commissioner Suarez: Yeah. Vice Chair Hardemon: I didn't mean to say it that way. Commissioner Suarez: I want to state briefly that there are many areas where preschools can be located. There's a variety of commercial corridors in the City of Miami. Coral Way is a commercial corridor; 27th Avenue is a commercial corridor. I mean, there's a lot of commercial corridors. So the issue is at some point, Francisco, who is an expert planner, would say, "We have to look at some point under Miami 21, " and we looked at it, and decided not to go in this direction on 37th Avenue, with respect to two single-family homes on 37th Avenue, what actually -- never made it to the Commission. The applicant wisely withdrew the application. But they were trying to rezone those two residential parcels. They were trying to get them rezoned to a commercial use. Maybe over time those -- that'll be appropriate. Maybe a transect like 22nd Avenue might get rezoned. But, you know, I don't know. I mean, under -- you know, under the current circumstances as residential homes next to residential homes, I don't see it right now. Vice Chair Hardemon: Any -- Commissioner Suarez: I'm being honest. It's a good question, but -- it's a valid question. Vice Chair Hardemon: -- other discussion? Commissioner, I completely agree with you, and this is my first time having to deny. It doesn't bring me any pleasure or any joy, whatsoever, to deny this. But we definitely have to think about how the community feels about when businesses come into to their community that exist, especially historic communities. I mean, that's part of why they pay the higher prices for their communities to maintain the historic nature of that community, and it can be greatly changed with something like this. If there's no further discussion, is there a need by Madam City Attorney? Ms. Vitale (as translated by Maribel Alonso, official Spanish interpreter): I need to say my last words. When I purchased that house, this was not a historical neighborhood. And I paid $360, 000. You want to deny it, so I feel that I am out of the Palm Grove community, because I don't belong to the homeowners association. I am an owner, I own a house, and the Palm Grove Association decides for me, so I'm not a -- Bob Powers told me, "Sell your house." Why would I have to sell my house? No, I'm not going to. Change, amend Miami 21, because it is definitely wrong. This was approved under the County rules, under the Miami 21. You do -- you did approve a preschool in downtown with a playground inside the garage, with all the City of Miami Page 188 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 contamination around. I will have to wait until I am 60 years old and then I will decide about what young families have to do, because young families in this neighborhood have nothing to do, because even though they are the future in the area, they have to abide by what all these old people without children tell young families to do. Vice Chair Hardemon: Okay, I'm going to interrupt you for a moment now. I'll let you finish your last statement, whatever she said, so I can understand. Ms. Vitale (as translated by Maribel Alonso, official Spanish interpreter): If -- it's not right that somebody from the southwest decides about the northeast, and it's not right that Bob Parker [sic] decides for everyone, no, no, no. And he has a building with 450 children, and there is a lot of pollution there, and environmental impact, and now you are against the preschool, which is education for children. Vice Chair Hardemon: No, no, no. We'll end here. Thank you so very much, ma'am. Thank you. Mr. Hannon: Excuse me. Victoria Mendez (City Attorney): And just to be clear, Chairman, were -- this is a resolution of the Miami City Commission with attachments, based on your findings as you read into the record denying the appeal filed by Paula Vitale and affirming the decision of the Planning, Zoning & Appeals Board, and denying an exception to allow a preschool. Correct? Vice Chair Hardemon: That is correct. Ms. Mendez: Thank you. As amended. Vice Chair Hardemon: All in favor, indicate so by saying "aye. The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Just give me an "aye." Aye? The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. PZ.12 RESOLUTION 14-00084x1 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY ELAVILA CHILD DEVELOPMENT CENTER, LLC, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND DENYING AN EXCEPTION TO ALLOW A PRE-SCHOOL IN A SUB -URBAN TRANSECT ZONE (T3-R), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2475 AND 2485 SOUTHWEST 22ND AVENUE, MIAMI, FLORI DA. City of Miami Page 189 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 14-00084x1 Fact Sheet.pdf 14-00084x1 Appeal Letter.pdf 14-00084x1 Analysis, Maps & PZAB Resolution.pdf 14-00084x1 Application & Supporting Docs.pdf 14-00084x1 Legislation (v3).pdf 14-00084x1 Legislation (v4).pdf 14-00084x1-Submittal-Beba Mann.pdf 14-00084x1-Submittal-Christopher Spuches-Letters of Support.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-14-0386 Vice Chair Hardemon: Now, as I understood, PZ.12 was a time certain at 5 o'clock, so that will be the next item that we take. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Commissioner Suarez: Thank you, Mr. Chair and thanks, the applicants, or appellants and the members of the community that have hung in there so long; I appreciate it. Mr. Garcia: I'll present them briefly, then. Item PZ.12, Commissioners, is before you as an appeal to the denial by the Planning, Zoning & Appeals Board of a request for an exception permit. This was on July 16, 2014, by a vote of 5 to 5. The denial for the exception is for a preschool on the property at 2475-85 Southwest 22ndAvenue. As you know, this item came before this Commission previously. It was actually remanded back to the Planning, Zoning & Appeals Board to conduct a verification of applicable rules for Miami -Dade County, which review was conducted once again by the Planning & Zoning Department, and the application was found to be in compliance both with City requirements and County requirements. And in addition to that, in order to mitigate for any potential adverse effects, there were a number of conditions also placed on the items. I will read the more sealing one of those conditions for the record very briefly, and then yield to the applicant and to the Commission for further action. The major restrictions are as follows: The student count: Since this is an expansion for an existing use, the student count presently is 20 students and the proposed count would be 49, so no more than 49 students. There will be seven parking spaces, of which two will be for handicapped individuals. There will also be four designated spaces for stacking requirements, and the operations will be restricted from 7:30 a.m. to 5: 30 p.m.; no earlier than that, no later than that. Those are the major ones. I'd like to certainly go into further detail, but I'll defer to the Commission for further action. Thank you. Vice Chair Hardemon: At this time, I'm going to open up the floor for public hearing, Mr. Clerk. Todd B. Hannon (City Clerk): Yes, sir. The first speaker -- Vice Chair Hardemon: Let me ask a question. I mean, I will give the -- those that want this to be heard, you can have an opportunity to speak now or you can wait till after the public hearing to speak. Christopher Spuches: Thank you. What we'd like to do is just to give a brief presentation, kind of a quick background. We have a PowerPoint presentation, and then just reserve maybe a minute or two at the end. Vice Chair Hardemon: That's perfectly fine. City of Miami Page 190 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Spuches: Okay. Vice Chair Hardemon: All right. Mr. Hannon: Chair, I'm sorry, ifI could get the speaker's name for the record? Mr. Spuches: I'm sorry. Christopher Spuches, Ehrenstein, Charbonneau, Calderin. I represent the applicant. Okay, as I said, I represent the applicant, L. Avila, who -- and Ms. Rosa Fernandez is here today, and she's going to speak to you in a moment. She is an exceptional educator who opened up a preschool called Play and Learn, and that's why we're here today. About three years ago, Rosa had a dream to create a very unique, beautiful childcare and learning center unlike any in the neighborhood. As I said, it's called Play and Learn. She purchased an existing daycare center that was decrepit and hated by pretty much everyone in the neighborhood, because it was an eyesore, and because it appeared to provide very low quality childcare. So she poured her money and her heart into Play and Learn, fully renovated it, hired great teachers, and it's now in its fourth year. All she wants to do now is to expand it to the adf acent property. Parents rave about the school; I happen to be one of them. Many of them were here tonight; many of them have showed up at every one of these. We're now on our fourth hearing, but a lot of them had young children and they had to leave. Many have written you letters which you may have received in support of the school, and during the last hearing, we submitted approximately 50 letters from neighbors in the immediately surrounding area, all of who support the expansion. All of this is important, but in the end, none of it really matters, because what matters is the Code, and the law, and whether the applicant complies with the Code and the law, and the applicant complies. You've heard the Planning director say that the applicant complies; it's in the analysis and recommendation memo; it's in the analysis for exception. We comply with every requirement. So why are we here? Because the Planning, Zoning & Appeal Board denied us. Let me get into a little bit of the specifics first before Igo into why we were denied. When we first came before the PZAB (Planning, Zoning & Appeals Board), we were reviewed for compliance with Miami 21, and we were found to be in full compliance. The second time, we had to come back because the Planning Department determined that we needed to be compliant with the County Code, and the Planning director again determined that we were in compliance. There were a few conditions on which approval was conditioned, which your Planning director has told you what those are, and those are not a problem; we agree to them. Those -- the Planning Department's approval was based on the applicable criteria which they set forth in both of their analyses. It is not based on inapplicable criteria that was raised at the meetings by other people and were considered by the Planning, Zoning & Appeal Board. So if we're in full compliance with Miami 21 and we're in full compliance with the County Code, why were we denied? Well, we really don't know, because the board has never complied with their requirement under Miami 21. They're required under Miami 21 to issue written findings that the applicable requirements of Miami 21 have or have not been met. They failed to do so. They're required to include an explanation of the Code requirements for an appeal of the decision. They failed to do so. They're required to include a citation to the legal authority for any denial of an exception, and they failed to do that, as well. So while the PZAB wants the applicant to comply with the Code, and even inapplicable requirements, the board doesn't apply those same standards to itself. What we do know, as I said before, is that we comply with the County Code, we comply with Miami 21 in every way -- parking; square footage per child under Florida statutes -- and all of the other applicable requirements which are set forth in the analysis. And the PZAB didn't cite any legal authority to support its decision for one simple reason: It can't. In addition, the board was required under these circumstances to grant the application. Miami 21 Section 7.1.2.6 says approvals shall be granted when the application complies with all applicable regulations; not "may"; "shall." If there's conditional approval, the board approval shall be issued -- again, "shall, " not "may" -- when such applications require conditions in order to be found in compliance with all applicable regulations. Again, we complied. So both times that the board denied us, those denials were legally deficient. That's City of Miami Page 191 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 not fair, it's not legal, it's not according to the Code, either one. Now, I understand there are opponents to this preschool, and if they want to take issue with the application based on the reasons they've stated before, they have avenues to do that. They can appeal to the Legislature. They can try to get the Code changed. But what they can't do is come in here and raise inapplicable regulations and raise issues that are not criteria and for the board to base their denial on that. Now, as I stated in our appeal, from the outset, the board has been conflicted and biased. Section 7.1.4(d)(6) of the Code requires any member of the board who shall find that his private or personal interests are involved in the matter coming before the board shall prior to the opening of the hearing disqualf himself from all participation, whatsoever, on the cause. Now, not until the conclusion of two hearings did the chair, Janice Talbert, finally disclose that she had a personal interest in the matter, because she owned a home a few blocks away and the applicant's business would therefore directly and personally impact her. She then voted against the exception after leading a discussion opposing the application, and really preventing a member moving to approve the application at the outset of the hearing. Worse than that, much worse than that, she never disclosed that she's the former president of the Silver Bluff Homeowners Association, which is the exact group that opposed this application; never disclosed that at any time; still hasn't till this day. Well, she hasn't, 'cause she's not on the board anymore. Vice Chair Hardemon: May I direct your attention to arguments that are for moving this forward instead of making comments about someone who's not here necessarily to defend herself; is that possible? Mr. Spuches: It is possible, but there's no defense to it; she's already pled guilty. Vice Chair Hardemon: Okay. Mr. Spuches: But I'll move on. Vice Chair Hardemon: What I can -- I can help you do something much better. Mr. Spuches: I'm almost done. Vice Chair Hardemon: I can limit the rest of your time that you have to speak, and then we can move into our public hearing so we can hear the rest of the 35 people that are against you. Mr. Spuches: I'm almost done. Vice Chair Hardemon: All right. Mr. Spuches: Maybe a minute or two left and I'll move on. Now, as you said, there are people here that oppose it, and we understand that, and they're going to be heard today. But I do want to reserve a minute at the end, because we've heard all of the allegations before and we want to bring to your attention why they are not true and why they are not applicable criteria. Thank you. Vice Chair Hardemon: I've already granted you your minute. Mr. Spuches: I do want to introduce Ms. Rosa Fernandez, who is just going to give a brief presentation showing you some pictures. Rosa Fernandez: Hello, good evening. Play and Learn is a family -oriented early education center that opened its doors over three years ago. We have worked very hard to bring this place to life after it was bought almost five years ago. We had to transform the old rundown place, and after spending tons of money, time and energy, I was able to open this center, my dream, in June City of Miami Page 192 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 2011. Many of my neighbors actually came to me at the time to say how beautiful the place looked. They said they were happy, because the place had improved a lot, which directly improved their property values. Since the beginning, we have provided quality care for preschool children of diverse backgrounds. We believe our center is among Miami's finest early education programs with a curriculum that fosters children's sense of wonder and curiosity. Our school has been approved by the Early Learning Coalition to provide VPK (Voluntary Pre -Kindergarten) and school readiness for children of lower income families. These are some of the children's faces inside the school, and I'm proud to say that I have an amazing team of hard working and caring professionals that love what we do. The quality of the center is evident and it has been eloquently presented by our parents' statements, which are on record from public -- previous public hearings. We have now a waiting list of 15 children, and of those 15, five live in the area. Most of our families live within one mile radius with a fourth of our families living in the immediate vicinity. We would like to open two more classrooms for a total capacity of 49 children and change the current school from a daycare to a preschool. We're looking to increase the amount of classrooms, but at the same time, this will limit the use of the school from being able to open 24 hours and weekends to more neighborhood friendly hours and no weekends, and from attending after care with -- possibly with elementary schools to limit that to only preschool children. These are some of the photographs that document the changes that we have made to the property since it was bought. This is the old house and this is the house how it is, at the bottom, right now. And this is -- with this picture, I just conclude my presentation. Thank you very much. Vice Chair Hardemon: Thank you very much. At this time, I'm going to open the public hearing. Mr. Hannon: The first speaker is Beba Mann. Beba Mann: Good evening, Chairman. Vice Chair Hardemon: Good evening. Ms. Mann: Commissioners. Actually, this will be our fifth time dealing with this issue. First, it was before the PZAB sometime back, and unfortunately, what happened there was that we had not received notice that this hearing was taking place till three days before the actual hearing, and at that point, the PZAB decided that the best thing to do was to have the owner and the residents meet to try to work something out and learn a little bit about what they wanted to do. We did meet. They did show up with an attorney, which they did not have before. They hired an attorney. We have not hired an attorney, because we feel we have sufficient grounds of why this should not be allowed. After we met, and during our discussions in that meeting, we asked them if they can reduce the numbers from 49 to perhaps 30, something lower, because what they have right now -- what they're allowed to have is 20 -- what they have right now is actually 18. And they said "no." So we came before the PZAB. And let me just make a correction, because, you know, records speak. We have DVD's (digital versatile disc), CDV's [sic], whatever it is that we can order to see what happened before, but Janice Talbert did say that she was involved with the community with the homeowners association, okay? But let's leave that, because that was in the past, but she did disclose it. I don't think she has to disclose it to the same people every time there's a hearing. We had three hearings before the PZAB. I think her first hearing of disclosure was more than enough. And I'm sorry, but you were not there. Let me just pass something out to the Commissioners so that we can be on the same page. Vice Chair Hardemon: Your time has expired, but I will allow you to pass out the documents. If you want to close in 10 seconds, that'd be perfectly fine. Ms. Mann: Can somebody give me two minutes? Thank you. Vice Chair Hardemon: May I ask the name -- one second. Who was that yielded her time; can City of Miami Page 193 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 you say your name louder? Cheryl Solomon: Cheryl Solomon. Vice Chair Hardemon: Cheryl Solomon? Ms. Solomon: Cheryl Solomon. Ms. Mann: Cheryl Solomon. Vice Chair Hardemon: Cheryl Solomon. Can you please note that, please? Thank you very much. You may move forward. Ms. Mann: Okay. It is going to require a little time for me, 'cause as a president of the homeowners association, I had to gather a lot of information to make sure everybody got it, okay? There are many facts and issues with this application. They currently have four -- they have five adults for 18 children. Please see the information provided by the Florida Department of Children's printout that I handed out. That is what they currently have. They're proposing to have only four adults for 49 children, because they don't have the parking requirements. At the last hearing before the PZAB, they stated that they would have four adults for 49 and that is on record. The Planning Department's findings and comments states: "This exception will benefit the area by providing a service to the community." In fact, if you see Exhibit "K" of the package that I just gave you, there are five teen -- there are 19 preschools and daycare centers in the area. The applicant is fully compliant with the relevant codes, they say. Please note that Building "B" shows an incorrect footage of 1,700. Actual numbers is 1,579 according to the tax rolls. The Code provides minimum requires, not optimums. They are squeezing too many children into an inappropriate space, and winning an exception is not their automatic right. It is your judgment whether it is appropriate in this location that matters, more than mere compliance with the City Code, which is only part of the formula. The application for the exception is actually inconsistent with the Comprehensive Neighborhood Plan, because schools are only allowed in single-family residential designation when located at suitable locations. Clearly, the location is not suitable, because their proposed stacking area conflicts with the proposed parking spaces. Although they may meet the minimum amount of stacking spaces required, the layout of the driveway will not be accepted by Miami -Dade County, because the driveways blocks the entire parking area. Vice Chair Hardemon: Thank you very much. Your time has expired. I'm not going to -- I am not, as the Chairman, unless I have some objection from the Commissioners -- Commissioner Suarez: Mr. Chair, if I may? Yes, please. The -- Ms. Mann is the president of -- I believe it's Silver Bluff Homeowners Association, and I think speaks on behalf of the residents of that association. I know that -- Vice Chair Hardemon: So with that being said, Commissioner, if you'd like to grant her a certain amount of time, you may. Commissioner Suarez: Well, here's the way I would -- Vice Chair Hardemon: You may request it. Commissioner Suarez: -- with your indulgence. The applicant -- appellant had a pretty free reign of time. I don't know how much time he actually used, but I would respectfully request that Ms. Mann be given an equal amount of time. Ms. Mann: Thank you. City of Miami Page 194 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Vice Chair Hardemon: Are there are no further objections? Seeing none, go on, ma'am. Ms. Mann: This is a picture we took this weekend of four cars stacked, with the largest one being the last car in the picture. What if more than one mother drove a large SUV (sports utility vehicle), like the white one in the end? It's like putting a size 10 foot in a size 9 shoe. The reality is that only three cars can park on site, and the County requires four -car stacking; that is a County requirement. The visibility triangle, as set in Article 4, Table 8, Plan "G" of Miami 21 City Code whereby a minimum of IO feet or 25 feet of sideline must be unobstructive [sic] from traffic purposes. They miss on either measurement, or the fencing when they're blocking all sides. They are not in compliance with Miami 21 Code, Article 4, Table 12, Parking Standards Section. They are overstating and the Planning Department is overlooking the real life tension that small scale of the property will introduce into the acjacent purely residential neighborhood. Staff will be parking on the side streets; parents will be blocking traffic and driveways on both 22nd Avenue and 25th Street during drop-off and pickup times. The Planning Department ruled that they are in compliance with the relevant section of Article 4, Table 12 of the Criteria Matrix. We believe they are not. The applicant is also inconsistent with the design review guidelines that all exceptions must comply with are located in Article 4, Table 12 of Miami 21, and that the parking standards require the minimization of driveways and curb cuts to ensure pedestrian safety. The number of cuts they have and they're proposing is inconsistent with these guidelines. In addition to this, they also indicate that they will be submitting a unity of title to unifir the separate single-family lots into one lot for zoning purposes. If the site plan was reviewed based on this assumption, then the applicable T3-R transit regulations would prohibit two separate houses to remain on the property. They are not physically connected, the homes, so they basically are keeping two separate single-family structures on what will now become one T3-R lot based on the unity of title, instead of two separate lots. The T3-R regulations only allow one principal building. See Article 5.3. So if they're allowing two individual principal buildings to remain, what will become of the lot? The site plan violates the T3-R regulations. They are trying to get the best of both worlds by increasing their lot's area to accommodate the stacking area while also keeping two separate principal buildings on the lot, and we believe this is not legal. In addition, the expansion of this business is a negative precedent in the purely residential T3 neighborhood. And let me just bring something into the attention of the board, because it's really important, and I'm going to skip a little bit here. This is an issue that we brought to the Zoning and Planning Department about a month ago. This daycare received its class 2 permit in 1997. This property went into foreclosure in 2008. The foreclosure papers are in your package. This property and the business lost its certificate of use and its BTR (business tax receipt) because as of 2008, there was -- in foreclosure. The property owners bought it in 2009. They didn't get an okay until 2011. So this property did not have a CU (certificate of use) or a BTR from 2008, 2009, 2011, and somehow, miraculously, in 2011, they got a CU and they got the BTR. Now, I have asked from the Planning Department to produce me the backup of when they stopped paying, and they can't produce it. However, they were able to give the applicant a CU without having any backup. According to the law and to our Zoning Code, this class 2 is under 11000; they lost it. This business has been conducted illegally. Now, to continue, the three -- the T3 regulations only allow one principal building, and I think I already said that, and I'm sorry for repeating, but I just went off because that's really very upsetting up to now, and I would like to see the Planning Department answer the question, because they have not been able to produce: What happened to the records all the way back? They have given me the excuse that they have a new system in; however, they produce a 1997 piece of paper. They're not able to locate where the history of the CU's and the BTR's are. So I'd like to know from the Planning Department how it is that they gave this. Okay, they state Planning Department approved the application. We believe the Planning Department is not taking a realistic view of the real world situations like to be the norm of this location, recommending approval on technicalities, not realities. We believe that because the turnaround is just too small, and you can see that in the pictures I provided to you, because it's tiny. The only way parents could effectively drop off and pick up is pulling in and backing out from and onto 22nd Avenue, blocking the right-of-way on 22nd Avenue at rush City of Miami Page 195 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 hour. The Planning Department does not rule on the issues of whether a plan is appropriate or not. The PZAB ruled that the expansion of 20 and 49 children was inappropriate in a location for issues relating to traffic, safety, and commercial intrusions into a purely residential neighborhood. Moreover, I believe the Planning and Zoning Department is trying to right a wrong by approving this application. Mr. Chairman, I would like to ask the Zoning administrator to explain which underlying transit regulations apply to this extension. Vice Chair Hardemon: Mr. Director, I believe she asked you a couple questions, and if you can ident and answer both of them, that would be wonderful. Mr. Garcia: I'm happy to, and I've certainly been noting them down carefully. I have to add for the record -- I am sorry to do this; this is irregular, I know. But I haven't received a copy of what she's reading from. I know that you have a copy. IfI can make one available, I'm happy to review it as she speaks, just so I can keep up with her, that's all. But I certainly have been noting down the questions. I'm happy to answer them now if you'd like or summary at the end. Vice Chair Hardemon: If we may -- madam, if we may; if you're finished with your presentation, then he can -- Ms. Mann: Let me just -- no, I have a couple more questions for him -- Vice Chair Hardemon: So -- okay, so -- Ms. Mann: -- that I'd like to -- Vice Chair Hardemon: Okay, absolutely. Ms. Mann: Okay. I would like to know -- I would like for him to explain which underlying transit regulations apply to the extension. The other question is whether a unity of title will be required, as they described in this application. Vice Chair Hardemon: And if I may -- and may I take this time, Mr. Clerk? Let's give back the two minutes to that lovely young lady who raised her hand, so graciously gave her two minutes to madam president; yes, please. Ms. Mann: Okay. And the last question is: If there is only one lot, then wouldn't that prohibit two separate principal buildings? In conclusion, the residents are extremely concerned about the additional traffic this expansion would bring, making the existing traffic situation worse, especially on Southwest 24th Terrace and Southwest 25th Terrace. No solution was proposed by the applicant, who only agreed that the traffic was an issue. A resident asked if they would consider lowering the numbers of the children as enroll, and they said, "No. I would -- it would not be feasible to reduce the number by even a few." The PZAB also asked that they reduce the number closer to the existing 20, and they said, "no," it did not make financial sense; it's either all or nothing. The pictures tell the story. They are proposing to create a preschool compound for 49 children with a possibility of expanding in the future. They already approached the abutting neighbor to sell their property. Obviously, after receiving the exception, they will try to build a bigger building. If there are safety issues and traffic burden in a neighborhood that is already dealing with heavy traffic issues, this will just make it worse. At this time, the residents of Silver Bluff request that you deny this application to expand the nonconforming daycare of 20 children to 49 children through this exception and to maintain Southwest 22nd Avenue single family. Thank you. Vice Chair Hardemon: Thank you so very much. What I'll do is I'll continue the public hearing, allow everyone to address their questions. If there are any other questions that come up from the public hearing, then 171 have Mr. Francisco actually go through and answer all those questions, City of Miami Page 196 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 so we can move on with those persons identified. Mr. Hannon: And Chair, I'm going to read the names out in pairs of three. So the next three speakers are going to be Julian Chin, Suse [sic] Duasso -- Jose -- it's getting late; my apologies. Jose Duasso and Grace Solares. Victoria Mendez (City Attorney): Todd, you pronounce those better than I do. Come on. Vice Chair Hardemon: You're recognized, sir. Juilian Chin: Good evening. My name is Julian Chin. I live at 2145 Southwest 24th Terrace. I live there for 34 years, and I do matter. I do not want the prolification [sic] of more businesses on 22nd Avenue at all. I've been there because it's a residential area, and I like it like that, like my neighbors do. Thank you. Vice Chair Hardemon: Thank you very much, sir. Jose. Jose Duasso: Jose Duasso, 2151 Southwest 24th Terrace. It's worse is you would have said "hose." But anyways, a couple of points here. I was actually part of a school board. We took the school from 68 children up to 180. This required to have art room, internet room, music room. There was a lot of facility to be able to do something with this. I think that one of the -- from -- all the way from the association meeting, and there was many Zoning Board members that had the concern that if we can -- you can cut that back from 49, because 49 was just so heavy for the property. They're really utilizing the space or they're over -utilizing the space. They can state here that they're within the Code, but if you were to see this Code and you were to take it to 49 -- Miami 21 was not made to make something nonconforming conforming. You're also proliferating the neighborhood; 22nd Avenue has no commercial on it right now. Also, U.S. 1, as you know, was made for 60,000 cars. There's 86,000 cars going through there now. Cassola's, where you hang a left on 17th Avenue, that's 24th Terrace, and this school's on 25th Street. The school's not causing any burden with the 20 children in the neighborhood right now. Their proposed times of the pickup from 7 to 9:30 or from 4 to 5, I mean, those three hours that they're giving, reality is these are day school children mothers; they work from 9 to 5. They're going to condense pickup and drop-off to an hour. You're going to burden the neighborhood, which is already burdened, and I hope that one day, there'll be a solution or that we don't get 5,000 cars down 24th Terrace. With taking it to 49 children, you're going to create more havoc, more traffic havoc. Again, they're not doing it now. Take it to 49 children. One more thing: In 2001, 2002, the County had a problem with predators, and I was a school board member at the time, and we had to put security. We put up iron bars, we had to have cameras. The predators love to go after the mothers of the small children, because they're young. If you're on 22nd Avenue and you're trying to drop off 49 cars, unless you have twins, you got 49 drop-offs, 49 pickups. You're going to need to park on 25th Street, in that neighborhood, take that small child and take him to the corner, 'cause you're not going to be an animal and park on 22nd Avenue. And it's already happening; it's happening. Vice Chair Hardemon: Thank you, sir. Mr. Duasso: When that occurs -- and let me just say: And when that occurs, you're going to put mothers at risk. Go look at your history in 2001 with the daycares, and you're going to see how they were attacking them. It can happen very much easy again. Okay, thank you. Vice Chair Hardemon: Thank you so much, sir. Grace Solares: Good evening, Commissioners. My name is Grace Solares, 60 Southwest 30th Road. I am here on behalf of the Roads Association. Silver Bluff requested that the Roads Association support their opposition to this issue, and we took a vote, and we unanimously voted City of Miami Page 197 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 to support it, primarily because we have been successful in preventing this kind of extension of daycare and preschool items going into our neighborhoods. I'm sure you remember, Commissioner Suarez, Carollo, who was the leader in opposing that, 'cause it was his district at the time, and you voted on it. So, therefore, the contention by the applicant that "you must" and "you shall" is not applicable, because you do have something that's called "discretion," to actually listen to the people here; see what kind of an impact they have to the quality of their life; see what kind of an impact they have to the quiet enjoyment of their home; see what kind of an impact traffic will cause to that area. And because of that, you have that discretion to actually deny or grant anything that comes before you, and this particular case is no exception. One thing that I need to -- Commissioner Suarez: No pun intended, right? Ms. Solares: -- read to you is -- huh? Commissioner Suarez: No pun intended, no exception. Ms. Solares: Right. No -- one thing that I need to read to you is the compatibility here with respect to the analysis done by the City, and it says, "The design of the nonpublic educational facilities shall be compatible with the design kind and intensity of use of the surrounding area. No way in the world is a preschool complies with the intensity of area of a residential neighborhood; it doesn't. Another thing that you must also take -- may I continue? Vice Chair Hardemon: Yes, you may. Ms. Solares: -- take light of is that pursuant to the Code of the County, the 33-151, and also the requirements of the particular zoning districts must be taken into consideration. And by the way, the County's rule -- have a supremacy here on this issue. They tell you that here, the applicant before you seeks to operate a preschool in a single-family residential district. Therefore, you have to compare the T3 designation with the County's equivalent for a single-family residential, which is RU-1. In the County, the permitted uses for a single-family residential district are set forth in the Code 13-199, and this section prohibits a use for a preschool or comparable facility in a single-family residential area that exceeds five children. It further says that the County Code 13.51-13A goes on to say that if a facility does not satisfy the zoning district, then such a facility must meet the requirements of County RU-3 that equates to a greater zoning designation than T3 in Miami 21. In conclusion, the applicant does not meet the County's requirement that has no right to the exception. There are argument that you must reverse the PZAB recommendation of denial is a fallacy, and they do not meet the County requirements, and you will have all the discretion in the world to uphold the PZAB recommendation and deny the application for this appeal. Thank you. Vice Chair Hardemon: Thank you very much, Ms. Solares. Anthony Hatten: Anthony Hatten, 1837 Southwest 24th Terrace. Commissioner Suarez, we've talked about this a hundred times; the traffic on 24th Terrace. It's horrendous. It's like Indianapolis Speedway. In the morning, they're going east. In the afternoon, they're going west. And the only thing that I don't see is the numbers on the cars going by. It's ridiculous going down that street. This would just impact it worse; 49 cars, and they're going to have to park somewhere, because they can't off-load them all on 22nd. I mean, next thing you know, we're going to have high-rises on 22nd Avenue, like we have on 27th Avenue. It's ridiculous of the traffic that goes through there now, and I hate to see when this opens up. And it's funny that they only went to 49, because if they went to 50, it would throw them in something different with Miami -Dade County where they'd have to get a traffic study, which they're avoiding, because right now, it's not quality of life. And my father just built a brand-new house there, and he's paying $10,000 in property tax on 24th Terrace, and we got to deal with the traffic as it is. So I City of Miami Page 198 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 hope you and Mr. Sarnoff can look for that South Miami ordinance where we could, you know, close off the street or something that you guys were talking about a while back. Commissioner Suarez: I'm working on it; almost there. Mr. Hatten: All right. Commissioner Suarez: No problem. Mr. Hatten: Appreciate both of you. Thank you. Thank you, Commissioners. Mr. Hannon: The next three speakers: Marcelino Miyares, Anne Haywood, Katherin Rein. Next three speakers -- Okay. Anne Haywood: Hi. I'm Anne Haywood, 2511 Swanson Avenue, and I'm wondering if I could have permission to read a letter from a neighbor who is an architect and works all over Miami, and he was not able to be here for this meeting? Vice Chair Hardemon: Sure. Ms. Haywood: IfI don't have permission, I'll do my own statement, but I'd like to do his. Vice Chair Hardemon: Sure, you can read it. Ms. Haywood: Okay. He says, "Commissioners, I appreciate your attention. On the City's website, the project vision for Miami 21 calls for a holistic approach to land use and urban planning so that future generations can reap the benefits of well-balanced neighborhoods and rich quality of life. Miami 21 takes into account all of the integral factors that make each area within the City a unique, vibrant place to live, learn, work and play. It's hard to imagine a proposal which better fits the criteria for exceptional use. Rosa and Fernando want to create a viable neighborhood preschool in an ideal location within walking distance of family housing, yet directly served by major streets. They're proposing expansion of an existing school on a primary arterial halfway between U.S. 1 and Coral Way. While the existing building is on a corner, the proposed expansion will extend the school one lot further along 22ndAvenue, with no impact on the secondary streets. They have demonstrated their ability both to run the school well, but also to improve and maintain the facility in a way that has unpretentiously upgraded the residential appearance of the street. The existing structure and proposed expansion are both located in converted homes typical of Silver Bluff. The area around Coral Way is coming to life as young families move in, attracted by the proximity of jobs, diverse neighborhood retail, access to parks and lastly, the scattering of preschools, which provide a healthy environment for young children, and a point of connection for families from all over the world who have chosen to live here. My daughter was one of Rosa's first students. Through Play and Learn we have developed a network of working parents who now share the pleasure and responsibility of raising the next generation all within a few blocks walk from home. From a community standpoint, the school has provided an anchor for the kind of family neighborhood which is the backbone of the City. In summary, a denial of this application is a denial of the kind of experience we dream of for our children. Your support of the application will support and encourage the growth of complete communities throughout Miami. Thank you. Robert Lloyd, 2270 Southwest 28th Street." Vice Chair Hardemon: Thank you so much. Ms. Haywood: Thank you. Mr. Hannon: Jemi Bensis, Cheryl Solomon, Roxanna Volmar. City of Miami Page 199 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Rosa Fernandez: Katherin Rein -- Mr. Hannon: In the mike, please. Ms. Fernandez: -- had to leave, and she wrote her statement. Can I read it? Vice Chair Hardemon: That is fine. Ms. Fernandez: "My name is Katherin andl live on 3148 Mary Street in the Grove, and I'm a real estate agent. I have two children, and my older son attended Play and Learn for two years. He graduated last year. We really enjoyed the school, and it took us a long time finding this school for our son. First of all, we think that the school does an amazing job teaching the kids about cultures and arts like no other school we looked at. My husband and I are from Europe, and we like the international approach of the school. What we also like is that we can take our bicycles to drop our son off in the morning. Working with many buyers purchasing real estate in Coconut Grove, I know that the first question of families is always whether there's a good preschool in the area. For that reason, with Coconut Grove Elementary School being an `A" rated school, we needed a very good preschool for the kids before heading to school. This is not a daycare like other daycares; this is a high -end preschool. If they do any right to the area, they will upgrade it. As you know, a big indicator for having property values go up is having a great school in the area. Since Play and Learn is a top notch preschool, I strongly believe as a real estate professional that the residents of Silver Bluff will benefit from the school expansion." Vice Chair Hardemon: Thank you very much. Roxanna Volmar: Good evening. My name is Roxanna Volmar, 2533 Southwest 19th Avenue. I'm a Silver Bluff resident, and I live a block and a half from Play and Learn Preschool. I've also been a Miami -Dade County Public Schoolteacher for 10 years, and so I really see firsthand how important the early childhood education experience is. When it came to my own daughter, I was so picky and so scared to send her to a preschool, and this preschool stood out from all the other options. I can't tell you how grateful I am to be able to walk to this school in the morning with my daughter. So I can't speak to all the zoning regulations. I do know that there is a way to pull out of the parking lot forward, because I see people doing it all the time. I've never seen anyone back out. But other than that, I just want to express my support, because as a teacher, I just -- I wish that as many young children as possible could get this type of early childhood education. Thank you. Vice Chair Hardemon: Thank you very much. There you are. Cheryl Solomon: I'm Cheryl Solomon. I live at 2322 Southwest 25th Terrace, and I'm very much opposed to the daycare being changed to a preschool. For one -- one of my primary concerns really is the safety of the children. There's definitely too much traffic in that area, and it's too congested to allow the number of cars for stacking that are required with the increase of students to -- or children to 49, with the curved driveway. You can see that just simply is not enough room. It clearly does not comply with the requirements in that respect. Also, the noncompliance with the unity and the two separate buildings is just a whole noncompliance issue no matter how you look at it. And I'm very much opposed to it on those grounds as well as the impact -- the negative impact it's going to have on the quality of life for the neighborhood. I've lived in the neighborhood for more than 20 years, and I really would just be devastated to see our lovely residential neighborhood deteriorate into a commercial thoroughfare, which has happened on 27th Avenue and 17th. When one domino falls, they all fall. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Hannon: Next three speakers: Sara Echeverria, Felipe Echeverria, Robert Butler. City of Miami Page200 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Sara Echeverria: Hi. I'm Sara Echeverria. I live at 2345 Southwest 27th Lane. I'd like to rebut a couple of the comments that I just heard. This is not some great commercial thoroughfare. This is a school. It's a great thing for the community. It's brought in a lot of people in the area who didn't have another great place to send their children while they go to work. The students there are so well loved Rosa, Fernando, everyone, they take such amazing care of the kids. I feel safe dropping my children off every single morning. There are definitely four parking spaces in there; usually five. I feel super safe dropping my children off. I don't worry about any sort of kind of predator at that place. The door is locked during the day. It's just an amazing, amazing education; they have all these opportunities. And I also love the fact that I could walk, take my kids to school in the stroller. I enjoy the fact that other community members have become some of my best friends from having their school -- their kids in the same school as mine. And I really can't even understand all the comments about this ruining a neighborhood. The only thing I can see is fantastic things for making the neighborhood better and bringing people together; not only their kids, but also the adults, the parents. So thank you. Vice Chair Hardemon: Thank you. Robert Butler: My name is Staff Sergeant Robert Butler. I'm a two-time infantry combat veteran, and right now, I'm serving as a drill sergeant here in Hialeah-Opa Locka. I live at 2163 Southwest 24th Terrace. I'm five houses up from the school. I oppose it. When September 11 happened, I saw that happen live on TV (television), and as the towers crumbled, all I could think of was the children that were in the nursery that died and got crushed. And I called my mother, crying, and asked her how anybody could do that, and she said she didn't know. So at 32 years ola I quit my job as a loan officer and I joined the military, and I fought for two and a half years in Iraq as a sniper with the Third Infantry Division. And you talked earlier about you wondered how many people work for $8 an hour. So when I was sitting there, I figured it out. My second tour, I made $4.80 an hour, and my first tour, I made less than that, 'cause my rank was lower, but -- so I understand. But during my second tour, because of the love that me and my brothers have for this country, and the men, and the women and children in it, we fought, and I lost 33 percent of my platoon. So I had a dream to come home. And I came home, and my wife and I got a house in a nice neighborhood, and we have amazing neighbors who are supportive and caring, and friendly, and wonderful. The only bad thing about it is the traffic. Before I came to the last meeting, I sat outside my house and for two hours, I counted cars, and there was over 630 cars that passed my house in a two-hour period on 24th. I've seen multiple wrecks on 22ndAvenue; I've seen rear -end collisions; I've seen T-bones; I've seen a car flipped over on its rooftop; I've seen a car go off the road, through a fence, and hit the corner of a house. It's a residential neighborhood, and that's what it was meant for. And as a freedom -- someone who's fought for freedom, I absolutely want her to chase her dream, and I want everybody in this room to chase their dream, and if that's starting a business, do so, but do it in the correct area. And I understand convenience and how wonderful of a teacher she is and all that. I think it's great, but there's a place for it, and it's not in the neighborhood, and I just want to continue to keep the sanctity of our neighborhood and the safety of not only our families and our children, but the families and the children that are coming there to the daycare. Thank you so much. Vice Chair Hardemon: Thank you. Mr. Hannon: Next three speakers: Yadira Pedrasa, Justo Rodriguez, and Jason Cox. Yadira Pedrasa: Well, my name is Yadira Pedrasa and that's my husband; we live in the same house. It's 2163 Southwest 24th Terrace. My father was the second person called. He's 82 years old. He was here since 5 o'clock, and he left. Just for the record, he lives at 2367 Southwest 23rd Terrace. He is opposed to this as am I. I am, in fact, vehemently opposed to this. I've grown up in this neighborhood. I've seen what's been happening on 27th Avenue. I don't want it to happen to 22ndAvenue. I just want to make some comments on some comments that City of Miami Page201 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 I've heard. First of all, the architect's letter that was read, the lady who read it is not even from our neighborhood; she's from Coconut Grove. The letter read by Ms. Parks -- by Ms. Rosa -- excuse me -- that person's not from our neighborhood; they're from Coconut Grove. If they want this, the people from Coconut Grove want it, do it over there. I guarantee you, this hall would be full of people opposing it. It's easy to say, "Let's do it, let's walk over to Silver Bluff and we can" -- you know, I don't know how they're doing it, how they're crossing U.S. 1 and coming into Silver Bluff, because that certainly is not safe, but they claim to do it, and it's great to do it, want to do it in our neighborhood. We don't want this; overwhelmingly, we don't want it. Mr. Hardemon, you asked a question when discussing the Worldcenter project. I actually wrote down what you asked. Your question was, "What are they doing for our community?" What is she doing, what is this business doing for our community, for our Silver Bluff community? And the answer is, `Nothing; they're doing nothing." This is about Rosa's dream. This is what her lawyer said, this is what she said. It's about her dream. And we all shouldn't have to bend over backwards so she can have her dream. She can have her dream. She can have it on Coral Way, she can have it on U.S. 1, she can have it on 17th Avenue, but, please, not our neighborhood. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Hannon: Justo Rodriguez. Ms. Pedrosa: That's my father, but he had to leave. Mr. Hannon: Oh, I'm sorry. Ms. Pedrasa: He's opposed to it. Mr. Hannon: Jason Cox. Ms. Pedrasa: He also had to leave. He's our neighbor on 24th Terrace (UNINTELLIGIBLE) and he's also opposed to it. Mr. Hannon: Next three speakers: Luis Herrera, Paul Mann, Judith Sandoval. Luis Herrera: Good evening. It's simple, real simple. Do you live close to the charter -- this school [sicJ? Vice Chair Hardemon: No, I do not, but can you state your name for the record so we'll be clear who you are? Mr. Herrera: Oh, Luis Herrera, 1181 Southwest 22nd Terrace, Miami, Florida. So when he show you the picture of the house on the corner, I don't know if you put attention; that house is single-family home, and they have ladder inside the building, like it look like a second floor. Look at it. That's unsafety right there; it's unsafety for the childrens. So all the explanation they give you, Mr. -- Mrs. -- Beba. You got everything in there. They don't comply, and why we have to be continue to give you opportunity to put the place in there? So the people, they looking for school to leave the children, it's one in 27th Road in Coral Way. They asking the people fill up the application now, and nobody go there, and it's a nice place, bigger than this one. And why they don't go there? Please, oppose to this. You people, they don't live that close to the school. If you living close to the school, except Mr. Carollo, he know. He tell you what happen in the corner. He's almost in his house. Thank you. Vice Chair Hardemon: Thank you. Paul Mann: Paul Mann, 1665 Southwest 23 rd Street, Miami. It's been a long night and a lot of the -- my wife really mentioned almost everything I had on my list, but there are a couple of City of Miami Page 202 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 things that I'd like to summarize about this situation here. It really comes down to the applicant and counsel believing that they have the right to expand their for -profit business in this purely residential neighborhood because of the wording of Miami 21. They certainly have the right to ask for it. They also claim that the PZAB had no right to deny them. I don't think that the PZAB was created to rubber-stamp the Planning Department's work. The Planning Department doesn't need II -member board looking over their shoulder, making sure that they've dotted their "Ps." The PZAB, as does this board, of course, this Commission, can rule on broader issues that deal with compatibility and appropriateness. Nobody is arguing that the applicant is a wonderful educator, and everybody loves the work she does. We think -- the neighborhood has no issue with the 20 children that are going there now. The issue we have is with the precedent that would be set by expanding a business by more than two and a half times in a purely residential neighborhood that has no business on it at all now. The applicant seems to think that it is their right to do so above the objections of the PZAB. They may have just cause there; that's a different -- that's a fight for a different chapter. But do they have the right to impose this expansion on a neighborhood that clearly has the super majority that does not want them for very good reasons? 24th Terrace, 24th Street, just around the corner from them is so narrow that in the mornings when people are parked on both sides of that street, only one car can go down that street; it becomes a one-way street. We all know it's a two-way street, but you add cars lining up to drop off kids, and there is no traffic passing on that street at all; it is completely blocked. So a lot of the mothers that have come here, they're saying, "Well, there's no problem, there's no problem." Well, of course, there's no problem with 20 children, but at 49 children, we do have a problem. So I urge you, you don't have to look any further than the very first objective in MNU's (Miami Neighborhoods United) -- in the comp plan, Miami Comprehensive Neighborhood Plan, is objective -- is Goal LU-I, which specifically talks to the preservation of the integrity of single-family residential areas. The County ordinance, which I believe is Section 33 -- Vice Chair Hardemon: Can you come to a conclusion, please, sir? Mr. Mann: The County ordinance has the exact same protections for neighborhoods. And I think that Ms. Solares was absolutely right. You all had every right to rule as to whether this is an appropriate location or not, regardless of whether they comply technically or not. Thank you very much. Vice Chair Hardemon: Thank you very much. Commissioner Suarez: What was the City Code provision that he cited? Mr. Mann: I'm sorry? Vice Chair Hardemon: Can you repeat the City Code provision? Mr. Mann: On the comp plan, it's LU- I. Commissioner Suarez: What is it; I'm sorry? LU--? Mr. Mann: LU; it's Goal LU-1, and it's actually Section Clauses Number 1 and 6. And on the County plan, it is Section 33, I believe -- Commissioner Suarez: Yeah, I got that one. That one was 33 -- Mr. Mann: -- 33-21 (UNINTELLIGIBLE). Thank you very much. Vice Chair Hardemon: Thank you very much. City of Miami Page 203 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Judith Sandoval: Good evening, gentlemen. Judith Sandoval, 2536 Southwest 25th Terrace in Silver Bluff. I happen to live in a restored Dade County 1925 house, built the same year as the Silver Bluff Elementary School, which is around the corner from my house. And if the lady who enjoys walking her child to the school every day would walk in the other direction, she could take that child free to a very good public school, which has a Pre-K (pre -kindergarten) program, free. And it's also for special needs pre-K children. This is certainly superior to what these people propose. I might point out -- this is just a little detail -- but that the photographs that were shown of the exterior of the existing school were taken with a wide-angle lens. I am a professional architectural photographer, and they do not give a correct idea of the space around the front of that school. Beba Mann's photographs are more accurate; just bear that in mind. This may be a dream, but they're also making tens of thousands of dollars on these schools, so the commercial aspect of this might be considered. I understand, and I stand to be corrected, that each of these one- and two -year -old children [sic] pays $800 a month to go to this school. It may be suitable for people who live in Coconut Grove or some who live in our neighborhood, but this is a modest neighborhood of old houses; it's very nicely landscaped; it's improving; it's 1,200 houses, and it's not a chichi high-class neighborhood. We're ordinary people, working people. Many generations have -- well, let's say three generations of kids in the neighborhood have gone to that Silver Bluff School, which has been renovated. It's one of very few in the City, and I have neighbors that have little kids there, and I have neighbors who've grown up and gone to that school. Our neighborhood does not need this school. It's not there to serve our neighborhood, and I know that the neighbors don't want it there. The traffic even where I live between 27th and 22nd has a lot of traffic going through. We had to put in circles in the center of the cross -streets to keep the traffic down there, big trucks and everything else. We certainly don't need any more of it. Please reject this appeal and let this school go somewhere else. Thank you very much. Vice Chair Hardemon: Thank you so much. Mr. Hannon: Next three speakers: Nancy Abrams, Lecia Pilon and Maria Gravier. Nancy Abrams: Hi. Good evening, Commissioner. I work in a school -- Vice Chair Hardemon: Can you state your name, please? Ms. Abrams: Oh, my name is Nancy Abrams. I reside at 2401 Southwest 23rd Street, and I work in a school, and I happened to speak to the ESE (Exceptional Student Education) teacher who teaches special needs children, which I know this daycare does have the capacity to have special needs children attend that school, as the owner stated at one of the zoning meetings. In a school such as that, which is under the VPK, there are certain guidelines that have to be met, and in order to run a school like that, you have to have clerical; you have to have a registrar; you have to have an administrator; a counselor; speech and language therapists; occupational therapist; physical therapist; and each classroom has -- if they have 10 children, they might need one additional assistant to work with them since the children are so young. They -- also, in a school like that, if the children have special classes or special needs, the have what we call IEP's (Individualized Education Program), and the parents have to come and meet with the teachers at least once or twice a year to go over their needs during the school year, and what kind of classes they're going to be taking, and what kind of physical therapy they're going to get if it's a special needs school, even if you have one student who is special needs. So for one IEP, that's about an hour to an hour and a half meeting with the teacher. So if you multiply that by, say, 30, if you have 30 special needs students in the school, because the VPK's are usually like half special needs schools and half regular children, and they have role models, and the role models are in -- you know, the regular children are in the same room as the special needs children, because in this day and age, people want to have their children in a regular classroom, and they don't want to be segregated. And according to Florida law and VPK, this is what is most acceptable in the public schools. And if the private school is following the VPK rules, that's mandatory, and they City of Miami Page204 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 -- all of these people are going to be parking up and down, you know, these little streets here on 25th Street, and they have to park their car; they have to walk the kids inside. And, you know, people have to go to work there; they live there. Their quality of life is going to be absolutely ruined if you okay this to be transferred into a pre-K. You know, right now, this young lady who was speaking before, she says, `I come up and, you know, there's always four parking spots." Well, what if there's 49 people dropping off at the same time? Think about it. You're not going to get a parking -- Vice Chair Hardemon: Ma'am, I need you -- Ms. Abrams: -- spot anymore, you know. Vice Chair Hardemon: A few -- Ms. Abrams: It's just not going to happen. So keep us in mind, that we're citizens, we pay taxes, we want our quality of life to be restored, and imagine yourself living in an area where you're encroached by all of this traffic and people parking on your street. Vice Chair Hardemon: Yes, ma'am. Ms. Abrams: And the noise level can be horrendous. You know, the difference between 20 little babies and 49 makes a big difference, you know. Vice Chair Hardemon: Thank you so much. Ms. Abrams: Thank you. Vice Chair Hardemon: Okay. Mr. Hannon: Lecia Pilon. Maria Gravier. Next three: Carlos Velazquez, Hilda Ofero, Roberto Echavri. Carlos Velazquez: Hi. Good evening. My name is Carlos Velazquez, 2471 Southwest 22nd Avenue. I am against this project because of the danger for the avenue and the parking no have; it's very, very small. I am the most affect being this is my house today. A few days ago at the college, after leaving that school and did not call the police. Next week, I find other collision and similar corner. Maybe have you -- Commissioner Suarez: We have an interpreter. Mr. Velazquez: Okay. Vice Chair Hardemon: Sir, would you prefer to use an interpreter? Mr. Velazquez: Thank you, please. Mr. Velazquez (as translated by Maribel Alonso, official Spanish interpreter): There were two accidents; one that was not reported when leaving the school and the other one that was the prior week that the accident was caused right at that corner, and then they stopped at the next corner. You may have the report for that accident, because the police arrived to that one. And then the noise. There is a lot of noise now, and there will be more noise all the time. They have to respect the fact that this is a residential area. Thank you very much. Vice Chair Hardemon: Thank you so much. City of Miami Page205 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Mr. Hannon: Next three -- Roberto Echavri: No, no, excuse me. Mr. Hannon: Oh, my apologies, sir. Mr. Ehavri: My name is Roberto Echavri, at 1720 Southwest 24th Street, owner of the property at 2187 Southwest 25th Street, which is the property that closes the square surrounded by this proposed daycare. By saying that my property is going to be affected, 50 percent of my property is going to be surrounded by the daycare. My property is five feet only setback from that property, so the noise level from 49 kids is going to affect my property and the quality of life of my tenants. If we're going to talk about the code and things like that, the -- regarding the driveways, the new property to be added, it's only like 14 feet setback from the property line of 22nd Avenue. Driveways, per Miami Code, is five feet setback on each end; the driveway approach, maximum of 12 feet; space between driveways entrance and exit is supposed to be 20 feet. That driveway doesn't meet that. The four parking -- the three parking spaces in between the two properties, those are probably fine. There is a parking space on the one of the sides. It's also five feet from -- it needs to be five feet from the property line; it's not. If you park a car there, the park on the handicap space is going to block the entrance and exit of that car. And what else is going to happen to the property values? My property is going to be depreciated by these people making money. Okay, this is -- this driveway is not 12 feet, which is Miami Code requirement. This here is two feet here; is two feet here; this is 15 feet; this is 17 feet; this is only 14 feet. These are all the Miami requirements, and didn't put the requirements. I had the same problem doing my driveway. I couldn't do it the way I wanted. Around here, there is the parking, the handicap parking, the back of the property, there is a parking on the side that you need to go through the gate on the parking that goes to the park -- handicap, park there and that drive -- parking space is going to block. So the four parking spaces are kind of questionable. Again, property values, my concern is with that safety of the kids, because they are on the 22nd Avenue. We don't want people making business or enlarging their business. They already are there. The previous daycare was only five kids. Never heard of them, because I live next to them; never heard of them. Now there is 20. There is going to be more noise; 49 is going to be a lot worse. Please reject this -- deny this application. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Hannon: Next three speakers: Pilar Villaverdo [sic], Linda Alger and Rodolfo Alfaro. Pilar Villaverde: Hello. Good evening. Vice Chair Hardemon: Good evening. Ms. Villaverde: My name is Pilar Villaverde, 2166 Southwest 24th Street; long-time resident of the neighborhood, about 40 years. I may not look so old, but I am. Our concern is not the children. Our concern is not the school. Our concern is not the operator of the school. Our concern is our neighborhood; the zoning, specifically, of the neighborhood. Going from a residential zoning to a commercial zoning is going to open the floodgates to something like 17th Avenue and 27th Avenue. Our 22ndAvenue sits in the heart of what is Silver Bluff which is surrounded by U.S. 1 on the south; 17th Avenue on the east; 27th on the west; and Coral Way to its north. It was originally known as the City of Silver Bluff until 1926, when it was absorbed by the City of Miami. It has been and remains a small, vibrant, yet neighborly area. Most neighbors have known each other well and for many, many years. Most neighbors have been long-time residents of this area, and by no means did we ever contemplate the fact that we would have to be fighting for the protection of our neighborhood from commercial encroachment. We already have two schools on 17th Avenue, in addition to our beloved Silver Bluff Elementary. The residents adjacent to the 17th Avenue school are not very happy with what is happening to City of Miami Page206 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 their properties with the traffic. You must also just visit 18th Avenue and 19th Avenue on any workday, and you will see parking overflowing from Coral Way; 19th Avenue, as it is, already has parking meters. There's also overflow parking from Coral Way all around 22nd Terrace, and some of the overflow parking on 18th Avenue goes as far inside the neighborhood as 23rd Street on 18th Avenue. As a matter of information, it would be nice to know what other kind of businesses would be approved in a residential neighborhood under Miami 21. It would also be nice to know how the City of Miami Planning Department reached the recommendation of approval. All anyone has to do is stand in front of the building and scratch your head as to how they think that they could make this work. A drop-off and a pickup for 49 children and a parking space now for four -- before they had said seven to nine employees -- with ingress and egress on 22nd Avenue is just mind boggling. Never mind that if it is a preschool; they will have events for family members which are going to be invited to parent night, holiday festivities, perhaps fundraisers, graduations. Where are all these visitors going to park in these afterschool events? What contingency plans do they have when it's raining and all parents just decide to get off to take their children themselves into the school? And -- Vice Chair Hardemon: Excuse me, ma'am. Your time has -- Ms. Villaverde: Okay. Vice Chair Hardemon: -- expired. Can you come to a conclusion, please? Ms. Villaverde: I certainly will. In closing, I would ask and encourage that this rezoning be denied and it would be detrimental to our neighborhood because of the consequences that will be long reaching as to what other businesses would be allowed into our neighborhood. Thank you for your time. Vice Chair Hardemon: Thank you so much. Linda Alger: Good evening. Linda Alger, 2784 Southwest 29th Avenue. I don't live in the immediate vicinity of this school. I live in a neighborhood that has a lot of development and a lot of traffic, so I know what it's like to live in a neighborhood like that. But because I'm on the other side of 27th Avenue at the Metrorail, it's to be expected. When I look at 22nd Avenue, Igo, "Oh, my gosh." When you cross 27th Avenue, you have single-family homes. People pay a lot of money to buy a home, and they pay a higher rate of taxes because of that, because they have chosen to live in a single-family neighborhood. I question -- I remember -- you know, I'm old, but I remember when my daughter was in preschool, if you got there five minutes late, you paid a penalty. For every increment of time that you got there late, you paid another penalty. I wonder how all these parents are going to be there and gone by 5:30 in the afternoon with the traffic and the issues we have now in Miami. So I question when we're told 7:30 in the morning to 5:30 in the afternoon. What -- does this mean that the majority of the parents will all be racing and fighting for the few parking spaces in the neighborhood so that they can run in and get their child before they pay the penalty? And I'm assuming there is a penalty for picking your child up late. The penalty in this case is not just financial to the families; it's financial to the people in the neighborhood who will endure the onslaught of extra trafc, everybody trying to get there by the same time. Thank you. Mr. Hannon: Rodolfo Alfaro. Next three speakers: Marianna Fuentes, Peter Ehrlich, Schiller Jerome. Peter Ehrlich: Peter Ehrlich, 720 Northeast 69th Street. And I'm just here to support Beba Mann and the residents that are opposed to this school in their neighborhood. Thank you very much. Mr. Hannon: Remaining two speakers that I have for PZ.12: Iris Steele and Ken Jett. City of Miami Page207 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Iris Steele: Good afternoon. I'm Iris Steele. I live on 2270 27th Way. I am here to support the Fernandez family and hopefully get their extension for preschool approved. I wanted to make some comments. The Fernandez family and Play and Learn have always been very sensitive to the issues of the neighbors. They don't dismiss them. They know they exist, because they do not live outside of their neighborhood; they're a part of it, and they've always acted as such. I've been to three or four hearings, and what I hear is that two issues stick out: traffic, and they're afraid that the neighborhood is going to get too commercial. According to a recent traffic study, 14,000 cars go down 22ndAvenue. The current 20 families or the future 49 families are just a speck in that traffic problem. I understand the neighbors, I understand their issues, but they're using this as a platform to address an issue that has nothing to do with the school. When it comes to the commercialization of 22nd Avenue and Silver Bluff they are not asking to open a business; they're already there. As a matter of fact, they're asking to limit their hours of operation from 24 hours currently to regular preschool hours, which means -- I've heard a lady say, "They're making big money out of this preschool." Actually, they're not. I know the Fernandez family for a long time, and I cannot remember since the opening of this preschool when they had a salary, actually, because they're trying to build this business. The way they can make money is to operate it as a 24-hour business, which is the alternative if they can't get this expansion done and offer their great educational vision to the neighborhood. If you're in a residential neighborhood, residents are going to have kids; kids are going to go to schools; schools are not in strip malls. And that's how it is, and I hope that the board is sensitive to this, and I hope they approve the expansion of Play and Learn. Thank you. Ken Jett: Good evening. You're all awake, I hope, still; if not, breathe really fast, pant, you'll oxygenate; it'll be great. My name is Ken Jett. I live at 8320 East Dixie Highway. I'm here tonight as president of Miami Neighborhoods United. MNUsupports the area's residential organizations in asking that you deny this appeal. You've heard about the encroachment, you've heard about the negative impacts to the quality of life, but in going through six or eight of these, I think, for this issue, it fails the test of logic. You have a nonconforming daycare that wants to be double, which would double any potential negative impacts to the community, and then you want to call that "conforming." Remember that your denial does not mean the end of this business. She can still be loved still serve the same number of students, and exist as it is. In the PZAB hearings, the City Attorney's Office and the Zoning Department seemed to be confounding and conflating a couple of issues: use versus the physical attributes according to the Home Carter Rule in the County. In personal communications with the County's assistant director, they do not dictate use within a municipality. And lastly, I just want to say, I want to thank you early on in your discussion by please not slamming those of us who may be opposed to the issue as child -hating ogres. I like kids and I love dogs, but I don't want a kennel next door to me. Thank you. Vice Chair Hardemon: Are there any further persons? Mr. Hannon: Chair, I have no additional speakers. Vice Chair Hardemon: Seeing no additional speakers from the public that'd like to participate, I will close the public hearing. Mr. Spuches: We do have additional speakers; I'm sorry, Mr. Chair. We were told that we could write down -- people that were here earlier that had to leave could write down what they wanted to say on a piece of paper and it could be read into the record. They have their names and addresses, and they're brief there's only four. Vice Chair Hardemon: Okay, I will allow you to read them into the record. Mr. Spuches: Okay. The persons from Enrique Feraldo, 1853 Southwest 24th Terrace: `I'm a City of Miami Page208 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 homeowner and resident of Silver Bluff. I value having a quality education available to my children close to home. I urge you to allow the expansion of Play and Learn." The next is from Jaime Vinces, 5667 Southwest 6th Street, Coral Gables: `My husband and I support the expansion of Play and Learn for our daughter, Mia, that didn't speak a word at two years old. This school had been an answer to our prayers. This community needs more places for children with special needs like my daughter, Mia, who does not have a speech delay anymore, thanks to Play and Learn." Next is from Keen Haywood, 2511 Swanson Avenue, for support of expanding Play and Learn Preschool. "I would like to support the expansion of the Play and Learn Preschool. It has been an invaluable experience for our daughter, who is still a student there. It helps enhance our community in the Coconut Grove area, and should be expanded to continue to enrich the lives of future generations in positive ways. This school touches many lives in so many ways. Please support the expansion. Thank you. " And the last letter I'll read is from Elaine Broad, 2330 Lincoln Avenue: "My name is Elaine Broad, born and raised in the City of Miami and currently a resident in nearby Coconut Grove. I'm here to support Play and Learn's expansion plans wholeheartedly. Having been here since birth, 1968, I am a fan of old Miami and am not supportive of neighborhood overdevelopment projects; this preschool is in no way that. It is planned to preserve the nature of the Silver Bluff neighborhood it is located in and to provide a much needed place for our children to grow, and learn and be nurtured safely. This is not a business venture for Rosa and Fernando; it is a labor of love. But they will not be able to sustain the service if they do not expand minimally. They love Miami and have always been and will continue to be courteous to their fellow residents. I have lived on the same street as them in the past, and my son attended their preschool and received unsurpassed care. This school is an asset to our community and I hope you will hear its many supporters and allow it to thrive. Thank you." Vice Chair Hardemon: Thank you very much. There's a young lady behind you that'd like to participate in our public hearing, and then one additional person. Marika de Nie Puyana: Hi. Good evening, Commissioners. My name is Marika de Nie Puyana. I live a few blocks away on Natoma Street. I have four kids. This is the first time I've been able to find a nice, modern, advanced education -- not daycare -- for my kids that are available to us neighbors where they learn through music, gardening, tactile learning where there's nothing as such around in the area. Now, this is certainly giving us a quality of life; therefore, also raising our real estate. I used to have to drive 15 to 20 minutes for such a quality daycare, and now, I can bike, and walk, anca yes, I really do so. And I also used to have my kids at Summerset Somi [sic] in South Miami where this school also had a problem of parking, where there was about 20 parking spots for a school of about 400 kids. So the parking issue, I don't see it being at all a problem since most of the kids come between 7 and 9:30, and leave between 1:30 and 4 o'clock, so there's a big window where I've never seen more than three cars, really, at the same time for the whole time I've ever been there, and accidents. We just want to add two classes. This school has never had any problem in dropping off kids. I've never felt like I wasn't safe, and this will just bring a nice quality of life to us, and my kids have never been so happy to be able to not travel so far, to have new friends in the Silver Bluff and Coconut Grove area, and I just hope that you can support this. Thank you very much. Ed Harary: Hello, gentlemen. My name is Ed Harary, 2301 Swanson Ave., and I'm a supporter of the school. It's a neighborhood school. We live close by; we can walk; we can ride our bikes. I look around at the families that are there now, and they're friendly faces; we know each other; it's a neighborhood. Thank you. Vice Chair Hardemon: Thank you very much. Seeing no other persons that are here for public hearing, I'm going to close the public hearing at this moment, and I'll open up the floor now for the one minute rebuttal that the fine gentleman that presented earlier would like to give. Mr. Spuches: Thank you, Mr. Chair. First of all, I wanted to thank the people that spoke on City of Miami Page209 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 behalf of Play and Learn, whether they opposed it or not, because I know that there were some nice comments that were made about the school and about Rosa, even if the people opposed it. And we also want to say that, as many people have said, we do understand the concerns of the neighbors. However, getting back to the point I made, we have laws, we have codes, we have statutes. We comply with all of these statutes, laws and codes. I'm not saying that they don't have a right to stand up here and say that there's traffic issues or certain other issues, but the fact of the matter is we did everything we were supposed to do, and as a result, the application has to be approved. You can't just move the goal lines after we've followed all the rules. There's a way to do that, and that's through appeal to the Legislature and change those rules. But the rules are what they are, and we comply with the rules, and so we ask this board to please approve this exception. Thank you. Vice Chair Hardemon: Thank you very much. Now that all parties have been heard, I'll open up the floor for discussion from the Commission. Commissioner Suarez: Thank you, Mr. Chair. First of all, I want to thank everyone for patiently waiting. You know, whether you are here as a proponent of the school, or oppose the appeal, you've had to sit through many hours of City Commission action that I'm sure you guys were not looking forward to today. And I know this was a time certain for 5 p.m., and we're here at 11 p.m., still discussing this matter. We have dealt -- let me just say this: I've been a City Commissioner for -- this is my fifth year, and there are no more difficult decisions as a Commissioner that you have to make than a decision like the one that's before us today. I am -- first of all, I want to commend Mr. Spuches, who gave a very good presentation and very good advocacy on behalf of his client. I think it's some of the best advocacy that I've been here is advocacy that you can tell is sincere and comes from the heart. I also want to thank Ms. Fernandez, and I want to make a disclosure, because I did attend a community meeting where they were both present, and members of the community, many of which spoke here today, were also present. And to me, it is abundantly clear that her heart is in the right place, that she's acting in good faith, and that she has an institution that, by all the testimony that I've heard, is one that provides education, which is a much needed resource in this community, to people who very much value it, and you can tell that you have very, very passionate and ardent supporters that are willing to sit here for a long, long time just for the opportunity to get a couple of minutes to talk about the impact that you've had on their life. I can say as a father with a young child, who will ultimately and very soon be looking at education options, that I'm sure I will agonize over where to send my son. And clearly, you know, we'll look at all the options that we have and try to make the best decision for him. Having said that, we've had to, like I said, deal with very, very heart -wrenching decisions here as a City Commission. And even before I was a Commissioner, I recall as a member of the Coral Gate Homeowners Association where I live there being an application for a house of worship, and it's very hard to get up here as a resident and to oppose a house of worship. I mean, how much more benign a request can there be? Similarly, with a school, you are -- it's a very difficult thing to be against. It's very difficult to be against a place of learning, a place of education, but you have to put it in the context of what you're looking at and what you're dealing with. And preserving our neighborhoods and the quality of our life -- our life of our neighborhoods is also a very important objective for our residents who also were here for many, many hours and on many occasions to express their concern. You know, what you're asking for from this body and the reason why it comes to this body is because you're asking for an exception, and it's an exception that narrowly failed, by the way, at the Planning & Zoning Board, which means that they struggled with the decision, because had it -- usually, you have some clarity when you get a decision from that board, one way or the other. In this particular case, it was a 5 to 5 vote, which indicates to me that I'm sure the Planning & Zoning members wrestled with some of these issues, as we have to. But ultimately, this board and this Commission, the one I sit on, has, as I think Ms. Solares was stating earlier, had to deal with similar situations before that are similar in nature, and we have unilaterally sided with the residents on issues such as this. I think the reason why it's an exception that comes before this board is for us to apply -- first of all, to listen to the evidence, City of Miami Page210 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 consider and weigh the evidence, and as you said correctly, make findings. And I think that -- and I can't speak for my colleagues, but I can tell you that as a board, we're very, very supportive of each other with things that impact uniquely residents of a district. And I think this is not a unique case, because what you've seen here is not only a couple of residents of the surrounding area. I was very moved by Ms. Valmer, who testified and who is also a teacher -- my mother is a teacher -- and she's a neighbor, someone who can walk from her house. But you also had neighbors who testified that were just outside of the area, and I think what happens is -- when I was a young lawyer -- or a young law student, a lawyer taught me this acronym called "NIMBY, " and NIMBY stands for "not in my backyard" And what that means is, I think to myself, you know, living in a single-family residential neighborhood such as this one, if the house next to my house to my left or the house to my right, first of all, had a preschool where they were dropping off and picking up 20 students a day in the morning and in the afternoon, and what kind of disruption would that cause to my life on an every -day basis? You know, I can't even imagine, to be completely honest with you. Increasing that capacity by 150 percent in an area that is -- has no commercial zoning designation, whatsoever, it's completely single-family residents, including the houses that this establishment is on, which, to be completely frank with you, it's a minor miracle that you're even operating in that area, to be completely honest. And sometimes, you try to do something with good intention and it turns out that something was not done properly along the way, and you have very inquisitive neighbors who like to dig up documents or documents that may not have been filed, and all of a sudden, you're going from a situation where you're fighting to get 150 percent increase in your allowable students to a situation where you're fighting to stay open. And I think that would be tragic, because it's clear to me that, notwithstanding the objections that the residents have made here, I really haven't heard any of them complain about the way the school currently operates. You hear little, you know, things here and there, and I know that there's one resident who kind of is situated right in the middle, and I'm sure that he has concerns. But by and large, the concern is dual: One, in what is, to be honest with you, a very large expansion in terms of 150 percent of the total current number of students that you have there. And secondly, in an area that is wholly residential. I mean, wholly residential. So I find that the proposed exception is out of scale with the residential nature of the neighborhood for a host of reasons, including but not limited to the traffic overflow that it would spill onto the residential neighborhoods. We've heard testimony about how it may be inconsistent with our land use comprehensive plan, with our County Code. We've heard testimony about how it's inconsistent with the residential character of the neighborhood, and I find that testimony to be persuasive and overwhelming. I think that you have -- I've received the e-mails (electronic), I've read the e-mails that you sent, and I can tell you that there are few -- we've had to make a lot of tough decisions up here since I've been a Commissioner. I think this decision was far tougher than the one that we had to make a couple of hours ago, to be completely frank with you; even though that one involved billions of dollars, this is a tougher decision, because the soul of one child and its future, to me, is a value that is -- that you cannot put a price on. So -- and like I said at the beginning of my comments, the hardest decision to make are when you have two positive goals that are coming into conflict with each other. We've had to do it with people who want to preserve parks versus affordable housing; we've had to do it in this kind of context before, as well. It gives us no joy, whatsoever, to make this decision, because, in a way, the people who, quote/unquote, do not get their way, or lose, or however you want to term it, are good people who are trying to do good, not only for themselves, but more importantly, for others, and it's a shame that we're in a situation where we have to choose between one and the other, because the bottom line is that with the good that you're doing, and with the good that you want to do, and with the good that you're -- clearly, you have people who support you in -- my hope is that you find a business model that can allow you continue to do that good. In whatever way that I can be supportive of that, you have my full support, and maybe I'll put my son there when he gets old enough, if you allow him to. But, unfortunately, this is one of those gut -check moments, gut -check decisions that you have to make as a Commissioner, and it gives me no joy, but I move to deny the application. Commissioner Carollo: Second. Discussion. City of Miami Page211 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 Vice Chair Hardemon: It's been properly moved and seconded to deny the appeal of the decision of the PZAB Board. Is there any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Vice Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I -- as well was stated, I dealt with a similar issue in District 3; one was an expansion; one was actually a new school all together. And let me tell you something, this has nothing to do with Ms. Fernandez and her business, the way she operates it, because, actually, I know a parent or parents that have their young child there, and they're actually very happy, and I spoke to them -- I think it was a few months back -- never mentioned about the expansion, but, you know, as, I guess, a parent of a young daughter, I speak to a lot of families with young kids, and I guess we compare notes and so forth to see where each other's kids are attending schools, or daycare and so forth, and they're actually very happy with Ms. Fernandez and that location. However, with that said, this Commission -- and especially myself -- and again, it's really the Commission has been very sensitive to the impact in neighborhoods. I know we were very sensitive when the issue about three or four years ago came up in District 3, and I had the support of my colleagues, and here, I will have the support of my colleague on this issue, because even though there were various people that did come forward speaking in favor of this, overwhelmingly, you know, the neighbors show their concerns for this expansion. So I will be voting to deny. Thank you. Vice Chair Hardemon: Is there any further discussion? Any other unreadiness? Ms. Mendez: Chairman, if I just may read the title of the resolution. A resolution of the Miami City Commission denying the appeal filed by El Avila Child Development Center; affirming the decision of the Planning, Zoning & Appeals Board. Commissioner Suarez: And Madam City Attorney, I'll just make some findings and clam the findings that I already made based on the testimony that we heard today. The Commission would find that the scale of the proposed preschool is not compatible with the surrounding uses; the design of the proposed preschool is not compatible with the design, kind and intensity of uses and scale of the surrounding area; it will have an adverse impact on traffic due to the proposed size and it's not in -- it's not compatible -- and I already said this, but I'm restating it -- with the adjacent residential uses, and therefore does not comply with the criteria for exception set forth in Miami 21 Section 126. Ms. Mendez: And we will attach those findings to the resolution. Commissioner Suarez: Thank you. Ms. Mendez: Thank you. Vice Chair Hardemon: Mr. Clerk, is it necessary to go through a roll call vote or can we vote by voice? Mr. Hannon: No, sir, you may take the vote as -- it's going to be as amended. Vice Chair Hardemon: All in favor, indicate so by saying "aye.' The Commission (Collectively): Aye. Vice Chair Hardemon: All against? The motion passes. City of Miami Page 212 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 D1.1 14-00938 (D1.1) 14-00938a District 1 - Commissioner Wifredo (Willy) Gort 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 DISCUSSION ITEM DISCUSSION URGING CONGRESS TO REQUIRE AMERICAN FLAGS THAT FLY OVER PUBLIC BUILDINGS TO BE MADE IN THE U.S.A. 14-00938 E-mail-Discussion Item.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE 113TH UNITED STATES CONGRESS TO ENACT THE "ALL-AMERICAN FLAG ACT" TO REQUIRE THE FEDERAL GOVERNMENT TO BUY ONLY AMERICAN FLAGS THAT ARE ONE HUNDRED PERCENT (100%) MANUFACTURED IN THE UNITED STATES, FROM ARTICLES, MATERIALS, OR SUPPLIES ONE HUNDRED PERCENT (100%) OF WHICH ARE GROWN, PRODUCED, OR MANUFACTURED IN THE UNITED STATES; DIRECTING THE CITY CLERK TO TRANSMIT COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0387 Chair Gort: Okay, we had a time certain about 10 minutes. Before that, if -- I'd like the privilege as the chairperson to bring a pocket item that I have here. Did they all get a copy of the resolution? Victoria Mendez (City Attorney): I believe so. Is this for the flag? Chair Gort: Yes. Ms. Mendez: I'm not sure then. Give me one second. City of Miami Page 213 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 Chair Gort: Let me read it in the meantime. This is a resolution of the Miami City Commission urging the 113th United States Congress to enact the All American Flag Act to require the Federal Government to buy only American flags that are 100 percent manufactured in the United States from articles, material or supplies 100 percent of which are grown products for -- or manufactured in the United States; directing the City Clerk to transmit a copy of the resolution to the elected official as stated herein. My understanding, this is a bill that was presented to the United States Senate. It was passed by the Senate, and we needed to have it passed by the -- by State Representatives -- I mean, not State; the -- by the Congress, and they should be coming back right after the elections in November. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Commissioner Carollo: Yes. Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'd Just like to point out that one of the agencies, companies that provides most of these American flags is right here in the City of Miami, which is Goodwill Industries, so I think that needs to be mentioned, and I think we should be proud of that. Thank you. Chair Gort: Thank you. Commissioner Suarez: And I would add to that that a lot of the employees are people that have disabilities, and I think that that's exceptional as well. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying Bye." " The Commission (Collectively): Aye. Chair Gort: Also, make sure we get it to the right elected officials; at the same time, to the League of Cities, Miami -Dade County League of Cities -- Ms. Mendez: Yes, Chairman. Chair Gort: -- and the State of Florida, Florida League of Cities. Ms. Mendez: Yes, sir. Chair Gort: Okay? Thank you. Any items you'd like to bring? We still have eight minutes. Any pocket items or any discussion? Well -- Commissioner Suarez: I'll do mine. I mean, if you want me to do -- I don't know how long it might take, but -- you know what, I'll wait. Chair Gort: Four o'clock, the Miami Work -- Worldcenter. Iris Escarra: Oh. That was PZ 1. I thought that it might be quick. Chair Gort: Miami Worldcenter. City of Miami Page214 Printed on 11/17/2014 City Commission Meeting Minutes September 29, 2014 D4.1 14-00925 Commissioner Sarnoff. No. There is a PZ (Planning & Zoning) one. Chair Gort: Miami Worldcenter. Commissioner Sarnoff. Four o'clock, Worldcenter. Chair Gort: Anyone --? Ms. Escarra: We're also here on behalf of that item. Chair Gort: You're here for Miami Worldcenter? Mr. Hannon: Chair. Ms. Escarra: Mni-hmm, we're present. Chair Gort: Okay. No, wait a minute. Wait a minute. I'm sorry. My apologies. No, no, no, no. 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 DISCUSSION ITEM DISCUSSION IN SUPPORT OF GRANTING A SATISFACTION OF MORTGAGE TO LITTLE HAVANAACTIVITIES & NUTRITION CENTERS OF DADE COUNTY. 14-00925 E-mail-Discussion Item.pdf 14-00925 Back -Up Letter.pdf DEFERRED Note for the Record: Item D4.1 was deferred to the October 9, 2014 Regular Commission Meeting. END OF DISTRICT 4 DISTRICT 5 City of Miami Page 215 Printed on 11/17, 2014 City Commission Meeting Minutes September 29, 2014 ADJOURNMENT VICE CHAIR KEON HARDEMON END OF DISTRICT 5 The meeting adjourned on Tuesday, September 30, 2014, at 12: 37 a.m. City of Miami Page 216 Printed on 11/17, 2014