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Home My WebLink AboutCC 2014-10-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 9, 2014 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 9, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCE 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 12/8/2014 City Commission Meeting Minutes October 9, 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 9th day of October 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 9:05 a.m., recessed at 11:45 a.m., reconvened at 3: 04 p.m., recessed at 5: 53 p.m., reconvened at 5: 56 p.m. and adjourned at 6:12 p.m. Note for the Record: Commissioner Suarez and Commissioner Sarnoff entered the Commission chambers at 9: 07 a.m., Commissioner Carollo entered the Commission chambers at 9: 09 a.m., and Vice Chair Hardemon entered the Commission chambers at 9:23 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniell Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning everyone, and welcome to the October 9 meeting with 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, Chair, Wifredo "Willy" Gort. Also on the dais is Daniel Alfonso, City Manager; Victoria Mendez, the City Attorney and Todd Hannon, the City Clerk. The meeting will be opened in the prayer by myself and the pledge of allegiance by the City Clerk. And by the way, I would like to dedicate this prayer to the City of Kobani, currently under siege by the ISIS (Islamic State of Iraq and Syria) forces on the border of Turkey. Invocation and pledge of allegiance delivered. Chair Gort: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 14-00988 PRESENTATION Honoree Rafael Capotine Presenter Mayor Regalado City of Miami - Finance City Manager - Daniel Department J. Alfonso Denis Rod Mayor Regalado and Commissioner Suarez Sentir Cubano Mayor Regalado and Commissioner Suarez Walgreens Store 303943 Protocol Item Mention of his untimely passing GFOA Certificate Achievement Proclamation Salute Mayor Regalado and Certificate of Commissioner Suarez Appreciation City of Miami Page 3 Printed on 12,8'2014 City Commission Meeting Minutes October 9, 2014 Rev. Wilfred Job Mayor Regalado Distinguished Aziz Reda Chair Gort Visitor Awat Ahmad Mustafa Munir Zawaideh Fr. Tomasz Jegierski Zijad Raoof Stephen Baldwin Mayor Regalado Distinguished Chair Gort Visitor 14-00988 Protocol List.pdf PRESENTED 1. Mayor Regalado announced the untimely passing of Rafael Capotine, a pioneer and believer in the downtown area in good times and bad, furthermore recognizing him as the first developer to build residential development in downtown Miami; at the same time, sending sincere condolences on behalf of the City of Miami to the family of this great resident and missionary of downtown Miami. 2. City Manager Alfonso congratulated the Finance Department staff for earning the Government Finance Officers Association (GFOA) award for the Fiscal Year 2013 Comprehensive Annual Financial Report (CAFR) presentation; furthermore recognizing the department for receiving this award of excellence for many years consecutively and acknowledging the timely submittal for the 2013 fiscal year's presentation. 3. Commissioner Suarez presented Dr. Denis Rod with a Proclamation for his outstanding history of professional service that has contributed to the well-being of the City of Miami; furthermore recognizing his service to the community through participation on many City Boards such as Project Arts Instructions for Special Population, Planning Advisory and Code Enforcement Boards; honoring his 30 years of outstanding contribution to the community and helping the underprivileged, the ill, the needy, and the unemployed. 4. Commissioner Suarez presented a Salute to Sentir Cubano paying tribute as an outstanding commercial establishment whose core mission is to preserve and promote Cuban heritage and culture across our multi -ethnic community; honoring the owners Miguel and Maria Vazquez on the occasion of Hispanic Heritage Month for their contributions in enriching the cultural fabric of our City. 5. Mayor Regalado presented a Certificate of Appreciation to Walgreens Store #03943 for their generosity at the 2014 Annual Back to School event held at Henry M. Flagler Elementary; thanking the store for their wonderful commitment to civic responsibility and communal welfare and expressing gratitude for their commitment to elevate the quality of life in the City of Miami. 6. Chair Gort presented Certificates to the following distinguished visitors: Rev. Wilfred Job, Aziz Reda, Awat Ahmad Mustafa, Munir Zawaideh, Fr. Tomasz Jegierski and Zijad Raoof extending a warm and friendly welcome to beautiful South Florida and recognizing their outstanding efforts of humanitarian aid for the persecuted. In addition, Chair Gort recognized Patricia Alias for her efforts in bringing this distinguished group of visitors together to be honored by the City of Miami. 7. Chair Gort, Mayor Regalado and City Commissioners presented a Key to the City to Stephen Baldwin, paying tribute to him as a distinguished guest to the City of Miami and South Florida and for the work that he does in addition to bringing film production to the City of Miami; furthermore recognizing his outstanding efforts of humanitarian aid for the persecuted. City of Miami Page 4 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Okay, at this time, we're going to have some recognition. Unfortunately, some of the people are going to recognize, they're not here yet, so when they come, well interrupt. I think the -- Mr. Mayor, you're recognized. Presentations made. Chair Gort: Like I stated before, I have some presentation; that they'll be here. They just arrived last night from Washington, so we're going -- whenever they come in, I'll make a presentation. Later... Chair Gort: Now, ifI may, members of the humanitarian delegation have just visited Poland, New York, the United Nations, and Washington, D.C. (District of Columbia); they're here. Presentation made. Later... Chair Gort: At this time -- the Mayor was going to make a presentation this morning, but unfortunately, he's not coming back. And this morning, we recognized some of the people, the members of the humanitarian delegation who just visit Poland New York and Washington to deal with the 1.5 million refugees that we have in certain areas of the world, and we recognize seven of them, and the last one was late because he missed his plane, was Steven Baldwin, an actor, director, producer and philanthropist, activist for the Christian issue. At this time, the Mayor is not here, but I would like to present a key to the City and for all the work he doing in helping the human beings. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Do we have any minutes to approve? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the first budget hearing of September 9, 2014. Chair Gort: Okay, do I have a motion? Commissioner Suarez: So move. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. City of Miami Page 5 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 MAYORAL VETOES ORDER OF THE DAY END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Before going on, Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no Mayoral vetoes. Chair Gort: Madam Attorney, would you go over the procedures. Victoria Mendez (City Attorney): 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 lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the 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 not fy the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda item, 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 will announce which items, if any, are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you. Later... Chair Gort: Mr. Manager. Daniel J. Alfonso (City Manager): Good morning, Mr. Chairman, Commissioners. We would like to request to defer DI.2, which is the item for annexation, to the November 20 meeting. Chair Gort: Repeat that again. Mr. Alfonso: DI.2. Chair Gort: DI.2. Mr. Alfonso: The discussion item on annexation. Chair Gort: Right. City of Miami Page 6 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Alfonso: We would like to defer it to November 20. Chair Gort: Thank you. Any other Commissioner like to pull or defer any item? Vice Chair Hardemon: Yes. I'd like to defer to our next meeting RE.2. Chair Gort: RE.2, next meeting. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I just want to ver with RE.2 that it will not have any type of lapse in funding from now till whenever we defer it to. Mr. Alfonso: Commissioner, no, there will be no lapse of funding. Commissioner Carollo: Okay. Chair Gort: Okay, thank you. Do I have a motion? Vice Chair Hardemon: So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 7 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 CA.1 14-00887 Department of General Services Administration CA.2 14-00897 CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST6, 2014, PURSUANT TO INVITATION FOR BID NO. 437315, FROM PETERSON'S HARLEY-DAVIDSON OF MIAMI, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER WITH THE MAINTENANCE OPTION, FOR THE LEASING OF NEW CURRENT MODEL PRODUCTION YEAR, CERTIFIED TRAFFIC LAW ENFORCEMENT MOTORCYCLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE USED BY THE CITY OF MIAMI POLICE DEPARTMENT FOR A PERIOD OF TWO (2) YEARS, WITH ONE (1) OPTION TO EXTEND FORA TWO (2) YEAR PERIOD, FOR AN ESTIMATED ANNUAL CONTRACT AMOUNT OF $168,000.00; WITH FUNDS ALLOCATED FROM ACCOUNT NO. 05001.246000.544000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A MOTORCYCLE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 14-00887 Summary Form.pdf 14-00887 Back-up from Law Dept.pdf 14-00887 Legislation.pdf 14-00887 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0389 RESOLUTION Department of Capital Improvement Programs/Transportat ion A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE CITY MANAGER'S EXECUTION OFA CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CITY OF MIAMI IMPROVEMENT PROJECT ENTITLED: "CITYWIDE BICYCLE RACK AND SIGNAGE PROGRAM, PROJECT NO. B-30694-A," LOCATED WITHIN FDOT'S RIGHT OF AWAY, AS DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED. 14-00897 Summary Form.pdf 14-00897 Pre-Legislation.pdf 14-00897 Back-up from Law Dept.pdf 14-00897 Legislation.pdf 14-00897 Attachment A.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0390 City of Miami Page 8 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Vice Chair Hardemon: Did we do the minutes? PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 14-00500 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO SOUTHEAST Economic OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY, WITH Development PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 244 NORTHWEST 16TH STREET, 1900 NORTHWEST 2ND COURT, 1624 NORTHWEST 1ST COURT, AND 1611 NORTHWEST 3RDAVENUE, MIAMI FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00500 Summary Form.pdf 14-00500 Notice to the Public.pdf 14-00500 Legislation.pdf 14-00500 Exhibit A.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0391 Chair Gort: PH.1. City of Miami Page 9 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 George Mensah: Good morning, Commissioners. George Mensah, director of Community and Economic Development. PH.1 is a resolution of the Miami City Commission, with attachments, authorizing the conveyance to Southeast Overtown/Park West Community Redevelopment Agency the parcels located at 244 Northwest 16th Street, 1900 Northwest 2nd Court, 1624 Northwest 1st Court, and 1611 Northwest 3rdAvenue. Vice Chair Hardemon: May I ask a question? Chair Gort: Thank you. This is a public hearing. Is there anyone in the public would like to address this issue? Anyone in the public would like to address PH.1? Seeing none, hearing none, close the public hearing. You are recognized, Vice Chairman. Vice Chair Hardemon: Thank you very much. Mr. Mensah, when I read through the "whereas" clause that describes the length of time that the commercial development -- the project must be completed, all units constructed, issue certificates of occupancy and rented within 48 months of conveyance. My question to you is: Is that a reasonable goal for a project if there are no permits in the process at this very moment? Mr. Mensah: Yes. Typically, that's -- first of all, all the regulation requires is that when we fund a project, it has to be completed in 48 months, so even if we want to, we couldn't by regulations. And in addition, we think that typically, most construction takes place -- takes two years to do, and we also think that in a year it should be able to get permits, and we do help them to be able to secure a permit. Vice Chair Hardemon: Additionally, there was -- speak in the resolution about the City Attorney using all of its means to recoup whatever money has been expended in the past. Recoup from who? I don't understand. Mr. Mensah: From -- okay. This is a project with a long history. The -- there was a developer who assumed a debt, and that debt is still outstanding. Even though the developer used this amount, the $530, 000, the -- these funds -- these properties were in deed in lieu of foreclosure, because we had tried to foreclose on the properties. So after that, there will still be some amount remaining, and the City Attorneys Office will use whatever legal means they can to try to recoup the rest of the funds. Vice Chair Hardemon: So it will be from that developer (UNINTELLIGIBLE) property -- Mr. Mensah: From the developer, yes. Vice Chair Hardemon: Okay, understood. I don't have any further -- I move it. Commissioner Suarez: Second. Chair Gort: Moved by Vice Chairman. Now, my question -- my understanding is if they're not finished within two years, they can come and get some extension; am I correct? Mr. Mensah: Yes, within two years, yeah. But what we're doing is that this is a work that we work -- we will work with them to ensure that this thing gets done. Chair Gort: All right, thank you. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir. City of Miami Page 10 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Carollo: The only thing I want to add, and I spoke to Mr. Mensah about this in our briefing, in the past, the CRA (Community Redevelopment Agency) -- and I think I mentioned it in the last meeting -- with the constant carryover of funds, they haven't had the best record with actually building, constructing in the area, and that's -- you know, and it's substantiated by constant carryover of funds year after year after year. So I'm just -- andl think it goes by what Commissioner Hardemon said, if 48 months was, you know, reasonable. I think it's reasonable, but at the same time, I want to make sure that if we're doing this, this doesn't, once again, become a project that is lingering, and it's just on the books and it never gets done. So what assurance can you give me that, you know, this would actually get done? Mr. Mensah: The only assurance I can give you, Commissioner, is that the department, Department of Community & Economic Development, will work with the CRA on this particular project. As a matter of fact, we already start in motion meetings to make sure that this happens. And I know in our meaning, you asked do we have track records. Yes, we do have track records. We ensure that there a lot built in the City within the last six years, and you we will ensure that this particular one get done. Commissioner Carollo: Okay. I would then trust on your professionalism and the CRA to actually get this done, because too many times, there's been projects that's pretty much on the books, but they never actually break ground and actually get constructed. Thank you. Mr. Mensah: Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 14-00909 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE OF SOFTWARE UPGRADES, NEW MEDICAL SOFTWARE, AND CERTIFICATION TRAINING FOR THE EMERGENCY POLICE DISPATCH SYSTEM, AS WELL AS THE EMERGENCY MEDICAL DISPATCH SYSTEM, FROM PRIORITY DISPATCH, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $345,908.00 FOR SOFTWARE UPGRADE, AND IN AN AMOUNT NOT TO EXCEED $45,600.00 FOR CERTIFICATION TRAINING, WITH FUNDS ALLOCATED FROM THE DEPARTMENT OF POLICE E-911 SPECIAL REVENUE FUND, PROJECT 19-196003, AWARD 1214, ACCOUNT NO. 12000.190351.531000 AND ACCOUNT NO. 12000.190351.554000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. City of Miami Pagz 11 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 FR.1 14-00989 14-00909 Summary Form.pdf 14-00909 Notice to the Public.pdf 14-00909 Memo - Sole Source Finding.pdf 14-00909 Memo - Request for Sole Source Finding.pdf 14-00909 Back-up from Law Dept.pdf 14-00909 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-14-0392 Chair Gort: PH.2. Manuel Orosa: Morning, Commissioners. Manny Orosa, Chief of Police. PH.2 is software upgrades for our current system that we have in communications. It's just an add -on, and the reason it's a sole source is because it's the current system that we have, and we're just adding some medical software and stuff like that for our dispatching. Chair Gort: Okay. Commissioner Carollo: Move it. Chair Gort: This is a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Motion by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. END OF PUBLIC HEARINGS FIRST READING ORDINANCE ORDINANCE First Reading Department of Real AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Estate and Asset 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Management AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 38-69 OF THE CITY CODE, ENTITLED "ALCOHOLIC BEVERAGES; INTOXICATED PERSONS" TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN RESTAURANT FACILITIES LOCATED IN CITY OF MIAMI PEACOCK PARK PROPERTY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00989 Summary Form SR.pdf 14-00989 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo City of Miami Page 12 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mark Burns: Good morning, Commissioners. Mark Burns, lease manager with Public Facilities. I'm bringing forth FR.1, an ordinance -- first reading. An ordinance of the Miami City Commission amending Chapter 38, Article 2 of the Code to allow the sale of alcoholic beverages within restaurant facilities located at City of Miami Peacock Park property. Commissioner Sarnoff I would move this, 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. This is a public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearing. Vice Chair Hardemon: I have a quick question, if you don't mind. Chair Gort: Yes, sir. Vice Chair Hardemon: How many people or organizations applied for the restaurant space at Peacock Park? Mr. Burns: There was an RFP (Request for Proposals) already done and we're finishing -- wrapping things up. It should be coming up after this ordinance passes. Vice Chair Hardemon: No, I understand that, but I was wondering how many organiza -- how many applied, yeah. Mr. Burns: Three. Vice Chair Hardemon: Okay, okay, that's it. Chair Gort: Any further discussion? Commissioner Suarez: By the way, they already sell alcoholic beverages at Peacock Park. Commissioner Sarnoff Sorry? Commissioner Suarez: They already sell alcoholic beverages at Peacock Park. Commissioner Sarnoff On a sporadic basis, that'd be correct. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." Todd B. Hannon (City Clerk): Chair, I'm sorry. Chair Gort: Oh, that's an ordinance. Sorry. Go ahead, read it. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.1. A roll call was taken, the result of which is stated above. City of Miami Page 13 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 RE.1 14-00901 Department of Community and Economic Development RE.2 14-00908 Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thankyou. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE AMENDED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2010, THROUGH JUNE 30, 2013, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMITA PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE LHAP AND THE SHIP PROGRAM. 14-00901 Summary Form.pdf 14-00901 Pre-Legislation.pdf 14-00901 Back-up from Law Dept.pdf 14-00901 Legislation.pdf 14-00901 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0393 Chair Gort: RE.1. George Mensah (Director): Morning, Commissioners. George Mensah, Community Development. RE.1 is a resolution of the Miami City Commission approving the amended City of Miami Local Housing Assistance Plan, attached and incorporated, for the period of July 1, 2010 through June 30, 2013. Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a -- second by Vice Chairman Hardemon. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 14 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Department of Community and Economic Development RE.3 14-00898 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF POVERTY INITIATIVE PROGRAM FUNDS TOTALING $381,000.00, IN THE AMOUNTS, AND TO THE AGENCIES AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE PROGRAM ACTIVITIES FOR THE PROGRAM YEAR 2014-2015, BEGINNING OCTOBER 1, 2014, FROM ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 14-00908 Summary Form.pdf 14-00908 Pre-Legislation.pdf 14-00908 Legislation.pdf 14-00908 Exhibit A.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE.2 was deferred to the October 23, 2014 Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MONDAY, JULY 14, 2014, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-051, FROM MAGGOLC, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE BEACOM PROJECT AREA IMPROVEMENTS - PHASE II - D3, FOR A TOTAL NOT TO EXCEED AMOUNT OF $900,876.85 WHICH INCLUDES $818,978.96 FOR THE TOTAL BID AMOUNT, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $81,897.89; ALLOCATING FUNDS IN THE AMOUNT OF $900,876.85 FROM CAPITAL IMPROVEMENT PROJECT NO. B-40325; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 14-00898 Summary Form.pdf 14-00898 Memo -Award Recommendation.pdf 14-00898 Bid Security List.pdf 14-00898 Memo - Rejection of Bids.pdf 14-00898 Legislation.pdf 14-00898-Exhibit-SUB.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0394 Chair Gort: RE. 2. Unidentified Speaker: Three. City of Miami Page 15 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Two was -- okay, 3. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.3 is a contract award. This is to Maggolc, Inc. for the phase two Beacom Area Improvements Project in an amount not to exceed of $900, 876. There was a scrivener's error in the -- page 7 of the contract. I'm going to pass out the change to the location of the project. Part 3 of Section 1, the locations that were called out had an error, so we're replacing that sheet on page 7 of the contract; doesn't affect the bid in any way. The bid was bidded [sic] properly, and the plans that were included were correct. Chair Gort: Okay, thank you. Do I have a motion? Commissioner Carollo: Move it. Chair Gort: Moved by Commissioner Carollo. Do I have a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.4 RESOLUTION 14-00985 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2014-2015 VICTIMS OF CRIME ACT GRANT PROGRAM," CONSISTING OFAGRANTAWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES, IN THE AMOUNT OF $32,467.00, AND THE REQUIRED MATCHING FUNDS BY THE CITY OF MIAMI, IN THE AMOUNT OF $8,117.00, IN THE FORM OF IN -KIND SERVICES TO BE PROVIDED BY THE CITY OF MIAMI POLICE DEPARTMENT, FORA TOTAL AMOUNT OF $40,584.00; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 14-00985 Summary Form.pdf 14-00985 Legislation.pdf 14-00985 Exhibit-Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0395 Chair Gort: RE.4. Manuel Orosa: Good morning again, Commissioners. Manny Orosa, Chief of Police. RE.4 is a renewal of a VOC (victims of Crime) grant for the salary of an employee that deals with victims' City of Miami Page 16 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 advocates, and it's a free grant from the State of Florida, and we've been doing this for many years, and this is just a renewal. Chair Gort: Okay, thank you. Do I have a motion? Commissioner Sarnoff So moved. Chair Gort: Moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying -- Vice Chair Hardemon: I'm sorry, I had one -- Chair Gort: Go ahead. Vice Chair Hardemon: -- question. Chief I was trying to understand, 'cause when I read through it, I didn't see it to mean it was a salary, because the question that came to mind -- I know that in the presentation, you have dollars that are assigned for different types of services for crime. So it wasn't clear to me, though, whether or not it was for direct services that person provides -- now that you say it's a person -- or it was dollars that would be -- say for instance -- I'm not sure if this occurs or not -- but checks that would be written to victims of certain crimes in certain amounts? Chief Orosa: No. This one is for the actual salary, and what you see is a breakdown of what the job entails; how much services that job entails to -- for different crimes from different services and -- but that's for salary. The one you're talking about is -- actually, that person signs up a form that sends to Kathy Rundle, and then we get it back, and we send it to the State, and we get reimbursed for the monies that we hand to victims. That's a different pot. Vice Chair Hardemon: So that's not this, but that does happen? Chief Orosa: It does happen, yes. Vice Chair Hardemon: So I'm not insane. Chief Orosa: Yes. Vice Chair Hardemon: I am insane. Chief Orosa: The -- what? Vice Chair Hardemon: Nothing. Thank you. Chief Orosa: Yes, sir. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 14-00992 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING City of Miami Page 1? Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 RESOLUTION NO. 14-0357, ADOPTED SEPTEMBER 11, 2014, IN ITS ENTIRETY; SETTING FORTH A NEW RESOLUTION ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE, TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00992 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0396 Chief Orosa: RE.5. Daniel J. Alfonso (City Manager): RE.5 is a resolution, Commissioners, for the -- setting forth the rest -- establishing the City of Miami Charter Review & Reform Committee. I think that -- Commissioner Suarez: I'll move it for discussion. Mr. Alfonso: -- you have some appointments. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I think the -- this reso does what we requested at the last Commission meeting. There's one additional item -- a member of the community approached me about the possibility of inserting language that committee members would not be removed unless it was for cause. I don't know if that's something that my colleagues want, or if my colleagues want unfettered -- as we have with our -- all our other boards, essentially -- unfettered discretion to remove and add members that are -- our own appointees as we see fit. Victoria Mendez (City Attorney): The Mayor wanted also to discuss that issue, and wanted to probably add the word 'for cause, " as well. Commissioner Suarez: Okay. The question is: Are we going to define that any better, or are we just going to leave it like that? Ms. Mendez: The -- right now the City Code says that members can be removed based on if -- the appointing Commissioner is the one that could do the removals. Commissioner Suarez: Right. Ms. Mendez: So -- Commissioner Suarez: That's how it normally is. City of Miami Page 18 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Ms. Mendez: -- a `for cause, " we can specify what causes, but I believe that it would just be -- Commissioner Suarez: For cause -- Ms. Mendez: -- 'for cause " is enough, because it would just come before the Commission; you would discuss it. Commissioner Suarez: "For causes" are articulated by the board. Ms. Mendez: Correct. Commissioner Suarez: Okay. Vice Chair Hardemon: If I may, Mr. Chairman? Chair Gort: Yes, sir. Ms. Mendez: That is a good way; `for causes " are articulated by the board, just like -- Commissioner Suarez: Yeah. Vice Chair Hardemon: That -- I mean, that was one of the parts of this that I was not in agreeance [sic] with, and the way that I look at it, when you look at "C" and "D" together -- well, and I take a look at "C" first -- if -- say, for instance, I make an appointment and members of the Commission believe I shouldn't have made that appointment. Just with a simple majority, they remove my appointment. I don't think that's fair to the Commissioners that are here if we're trying to make that appointment. So the only thing that I would ask is that if we were to do it with cause -- because it's unusual. I mean, I think it's unusual to remove someone from such a committee with or without cause -- that we make it a four -fifths vote, so at least, ifI was the person that made the appointment -- Commissioner Suarez: Let me say -- Vice Chair Hardemon: -- I can still say, "Well, I don't want it," but if the Commission -- Commissioner Suarez: Okay, well -- Vice Chair Hardemon: -- thought that they believed so much in it. Commissioner Suarez: -- super majority, that's fine with me. I'll accept that, a friendly amendment. Ms. Mendez: So -- Commissioner Carollo: Mr. Chairman. Ms. Mendez: -- 'for causes " articulated by the board -- Commissioner Suarez: Requires -- Ms. Mendez: -- and a four -fifths. Commissioner Suarez: -- a four -fifths vote. City of Miami Page 19 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Okay. Vice Chair Hardemon: And the other -- the only other thing as far as "D, " the vacancies, as it reads today, it seems to me that the vacancies -- if I have a vacancy because -- for instance -- let's be real time -- Commissioner Carollo has a vacan -- two vacancies, correct; 'cause you haven't made your appointments yet? Commissioner Carollo: Will be after we take this vote. Vice Chair Hardemon: Okay. So with the two vacancies, the way it reads to me, that if there is a vacancy, the Commission can fill those seats and not necessarily the Commissioner who hasn't made his appointments, andl want to be able to safeguard our Commissioners' appointments. You see? Ms. Mendez: Now -- yes, but do you want it then to be more clear that the -- Commissioner Suarez: (UNINTELLIGIBLE) clear. Ms. Mendez: -- appointment will be by the appointing Commissioner with ratification by the Commission? Commissioner Suarez: Exactly. Vice Chair Hardemon: Yes. Chair Gort: That's the way it is in all the boards. Commissioner Suarez: Right. Yeah, I understand what he's saying. Vice Chair Hardemon: It didn't read that way. Ms. Mendez: We just -- we take it for granted, and I apologize. Commissioner Carollo: And it shouldn't just be Commissioners; it should be the Mayor's and the City Manager's appointee also. Commissioner Suarez: Yeah, yeah. Ms. Mendez: Right, correct; by the appointing member -- Commissioner Carollo: Exactly. Ms. Mendez: -- with ratification by the Commission. Commissioner Suarez: That's good. Chair Gort: Any further discussion? Commissioner Suarez: No. Chair Gort: Okay, it's a resolution. All in favor, state it by saying "aye." Commissioner Suarez: As amended. The Commission (Collectively): Aye. City of Miami Page 20 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 BC.1 14-00845 Ms. Mendez: As amended. Chair Gort: As amended. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mike Margulies Mayor Tomas Regalado 14-00845 Arts CCMemo.pdf 14-00845 Arts Current_Board_Members.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-14-0397 A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Mike Margulies as a member of the Arts and Entertainment Council; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Mike Margulies as a member of the Arts and Entertainment Council. Chair Gort: BC (Boards & Committees) items. Nicole N. Ewan (Assistant City Clerk): BC.1. Good morning, Commissioners. Chair Gort: Good morning. Ms. Ewan: BC.1, Arts & Entertainment Council. Mayor Regalado will be reappointing Mike Margulies with a four fifth attendance waiver. Commissioner Suarez: So move. Chair Gort: It's been moved by Commissioner Suarez; second by -- Commissioner Sarnoff. Sarnoff. Chair Gort: -- Commissioner Sarnoff. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. City of Miami Page 21 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 BC.2 14-00964 RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.3 14-00966 Office of the City Clerk BC.4 14-00990 APPOINTEES: 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00966 Bayfront CCMemo.pdf 14-00966 Bayfront Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office ofthe 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: W. Tucker Gibbs Commissioner Frank Carollo George Knox Commissioner Frank Carollo 14-00990 Charter Review CCMemo.pdf 14-00990 Charter Review Current_Board_Members.pdf City of Miami Page22 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 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-14-0398 A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint George Knox 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-14-0396, Section 4(7)(e), by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to George Knox as a member of the Charter Review and Reform Committee. Nicole N. Ewan (Assistant City Clerk): BC.5 [sicJ, Charter Review & Reform Committee. I believe Commissioner Carollo has some appointments. Commissioner Carollo: Yes. My first appointment will be Tucker Gibbs, and my second appointee, I'm going to need a waiver for residency; although he was a former City Attorney for quite some time, and that would be Mr. George Knox. Commissioner Suarez: So moved, or second. Commissioner Carollo: The -- I make the motion. Commissioner Suarez: Yeah, I second it. Chair Gort: Motion by Commissioner Carollo; second by Commissioner Suarez. Commissioner Suarez: It's a great board. Chair Gort: All in favor, state it by saying 1 ye. " The Commission (Collectively): Aye. Commissioner Carollo: And that's with a four -fifth for -- Ms. Ewan: That's with a four -fifth residency waiver, correct. Commissioner Carollo: -- Mr. Knox. Thank you. Ms. Ewan: You're welcome. BC.5 RESOLUTION 14-00967 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel City of Miami Page23 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chief of Police 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN BC.6 RESOLUTION 14-00304 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 14-00304 CEB CCMemo.pdf 14-00304 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.7 RESOLUTION 14-00851 NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Andres Lemos Mayor Tomas Regalado Carlos Morales Mayor Tomas Regalado Lyse Cuellar -Vidal Mayor Tomas Regalado 14-00851 CRB CCMemo.pdf 14-00851 CRB Current_Board_Members.pdf 14-00851 CRB Memo and Resumes.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 City of Miami Page 24 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 R-14-0399 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Andres Lemos, Carlos Morales, and Lyse Cuellar -Vidal as members of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Andres Lemos, Carlos Morales, and Lyse Cuellar -Vidal as members of the Community Relations Board. Nicole N. Ewan (Assistant City Clerk): BC. 7, Community Relations Board. Mayor Regalado will be reappointing Andres Lemos, Carlos Morales and Lyse Cuellar. All appointees require a four -fifth attendance waiver. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.8 RESOLUTION 14-00393 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00393 CSW CCMemo.pdf 14-00393 CSW Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION 14-00850 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk RESIDENCY REQUIREMENT BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO SAMAIYAH ENGRAM AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN. City of Miami Page 25 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 14-00850 CSW CCMemo.pdf 14-00850 CSW Current_Board_Members.pdf 14-00850 CSW Residency Compliance Form.pdf NO ACTION TAKEN BC.10 RESOLUTION 14-00852 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jose Goyanes (Term 9/1/2014 through 8/31/2018) Alan Ojeda (Term 9/1/2014 through 8/31/2016) Alvin West (Term 9/1/2014 through 8/31/2018) Kim Stone (Term 9/1/2014 through 8/31/2018) 14-00852 DDA CCMemo.pdf 14-00852 DDA Current_Board_Members.pdf 14-00852 DDA Memo and Resumes.pdf NOMINATED BY: DDA Board of Directors DDA Board of Directors DDA Board of Directors DDA Board of Directors 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-14-0400 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Jose Goyanes and Alvin West as members of the Downtown Development Authority; further waiving the term limits of Section 14-52(c) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Jose Goyanes and Alvin West as members of the Downtown Development Authority. Nicole N. Ewan (Assistant City Clerk): BC.10, Downtown Development Authority. The DDA (Downtown Development Authority) Board is requesting confirmation of the following members: Jose Goyanes, with a five -five term waiver; Alan Ojeda; Alvin West, with a five five term waiver and Kim Stone. Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Commissioner Carollo: Second. City of Miami Page 26 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 BC.11 14-00853 Office of the City Clerk BC.12 14-00976 Office of the City Clerk Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo and Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF NEISEN KASDIN AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FORATERMAS DESIGNATED HEREIN. 14-00853 DDA CCMemo.pdf 14-00853 DDA Current_Board_Members.pdf 14-00853 DDA Memos and Resume.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-14-0401 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Neisen Kasdin as a member of the Downtown Development Authority; further waiving the term limits of Section 14-52(c) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Neisen Kasdin as a member of the Downtown Development Authority. Nicole N. Ewan (Assistant City Clerk): BC.11, Downtown Development Authority; it's for the confirmation of Mr. Neisen Kasdin. Mr. Kasdin was appointed by former Governor Jeb Bush. On May 27, the State of Florida was informed of the request by the DDA (Downtown Development Authority) Board to reappoint Mr. Kasdin; however, the State has failed to act on the appointment. Pursuant to Section 14-52(b) (6) of the City of Miami Code, if the cabinet of the State fails to act within 30 days from the date of the request by the DDA Board, the board may appoint the proposed member. The DDA Board has acted pursuant to the Code, and this appointment is before you today for confirmation. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 27 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 14-00976 EAB CCMemo.pdf 14-00976 EAB Current_Board_Members.pdf 14-00976 EAB Resume.pdf NO ACTION TAKEN BC.13 RESOLUTION 14-00862 NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Corey Taylor AFSCME 871 14-00862 EOAB CCMemo.pdf 14-00862 EOAB Current_Board_Members.pdf 14-00862 EOAB Memo and Resume.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-14-0402 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Corey Taylor as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Corey Taylor as a member of the Equal Opportunity Advisory Board. Nicole N. Ewan (Assistant City Clerk): BC. 13, Equal Opportunity Advisory Board. AFSCME (American Federation of State, County & Municipal Employees) 871 is requesting the reappointment of Corey Taylor with a four -fifth attendance waiver. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." City of Miami Page 28 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 The Commission (Collectively): Aye. Vice Chair Hardemon: I do think that Corey Taylor said that he wanted to be a district Commissioner, and I believe his address was in -- within my -- Commissioner Suarez: Oh, really? Vice Chair Hardemon: -- district. Thought that was pretty funny. Commissioner Suarez: I didn't know that. Vice Chair Hardemon: Good, though, but funny. BC.14 RESOLUTION 14-00979 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez 14-00979 Finance CCMemo.pdf 14-00979 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 14-00865 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Albena Sumner Mayor Tomas Regalado 14-00865 Homeland CCMemo.pdf 14-00865 Homeland Current_Board_Members.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 City of Miami Page 29 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 R-14-0403 Nicole N. Ewan (Assistant City Clerk): BC.15, Homeless [sic] Defense/Neighborhood Improvement Bond Program Oversight Board. Mayor Regalado will be reappointing Albena Sumner. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. Commissioner Suarez: Don't tell me she wants to be a Commissioner, too. Vice Chair Hardemon: Probably. Chair Gort: Okay, any further discussion? Vice Chair Hardemon: Probably. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.16 RESOLUTION 14-00869 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Barry Johnson Mayor Tomas Regalado Jose Fuentes Mayor Tomas Regalado Armando Rodriguez Mayor Tomas Regalado 14-00869 MIC CCMemo.pdf 14-00869 MIC Current_Board_Members.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-14-0404 Nicole N. Ewan (Assistant City Clerk): BC.16, Mayors International Council. Mayor Regalado will be reappointing Barry Johnson, Jose Fuentes and Armando Rodriguez. Commissioner Carollo: Move it. Commissioner Suarez: Second. City of Miami Page 30 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.17 RESOLUTION 14-00396 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00396 MSEACCMemo.pdf 14-00396 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.18 RESOLUTION 14-00982 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon 14-00982 PZAB CCMemo.pdf 14-00982 PZAB Current_Board_Members.pdf 14-00982 PZAB Applications.pdf NO ACTION TAKEN BC.19 RESOLUTION 14-00313 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 31 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00313 UDRB CCMemo.pdf 14-00313 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.20 RESOLUTION 14-00867 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.21 14-00983 Office of the City Clerk APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00867 VKBPT CCMemo.pdf 14-00867 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lucia Perez Mayor Tomas Regalado 14-00983 WAB CCMemo.pdf 14-00983 WAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 32 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 DI.1 14-00896 City Commission Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0405 Nicole N. Ewan (Assistant City Clerk): BC.21, Waterfront Advisory Board. Mayor Regalado will be reappointing Lucia Perez. Commissioner Carollo: Move it. Commissioner Sarnoff Second Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you, Chair and Commissioners. Chair Gort: Thank you. Commissioner Suarez: That was a record. She's unbelievable, unbelievable. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00896-Submittal-City Manager -Police Department Hiring and Staff Update.pdf DISCUSSED Chair Gort: DI.1. Chief you're up. Manuel Orosa (Chief of Police): From our last Commission meeting, we've hired three officers, including a certified officer, and we have a total of 92 officers hired year to date, and with the creation of the newly -- 80 new positions, we now have a total of 93 sworn vacancies and we have two officers awaiting medical; 18 other going through the polygraph and background, and 37 going through the psychological testing, which means that those 37, more than likely -- more than -- close to all but a very few will be passing on and making it to being a police officer. That's the last stage of the testing. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff Chief we've --when we were allowed -- an allocation of 1,179 officers, we got to as close to 14 down. Chief Orosa: Thirteen. Commissioner Sarnoff And we've gone backwards now to 20 down from that allocated number. City of Miami Page 33 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chief Orosa: Correct. Commissioner Sarnoff Now, we, of course, have the 80 that we allocated for this fiscal year. Chief Orosa: Correct. Commissioner Sarnoff So now we're at 100 down, so to speak. Chief Orosa: Yeah. Every time I catch up, you guys make my job a little -- Commissioner Sarnoff No, I got it, I get it. Chief Orosa: -- difficult, but it's in a good situation. Commissioner Sarnoff So now my question to you is: Of the -- I guess it's 20 below 11 -- so of the 1,159 officers, how many of those do you count that are in the academy as we speak? Chief Orosa: There's nearly 80 in the academy, and they're going to be coming out of the academy January, March -- January, February, March, and a little bit in April. So by the beginning of the quarter of next year, you will have a large amount of officers available to be reassigned to patrol and to other functions. Commissioner Sarnoff And so capturing that number again, being at 1,159, how many are in the academy, you said? Chief Orosa: I want to say about 72, 74. Commissioner Sarnoff So let's just use a round number of 70. Of the 1,159, that includes those 70? Chief Orosa: Correct. Commissioner Sarnoff So as Commissioners, we're not really feeling them, 'cause they're not really on the street. Chief Orosa: You're going to be feeling them beginning of next year, believe me, when you have close to 80 officers out in the street. And remember, as -- we still have approximately -- about 250 applicants from the final list, from the last list that we -- still going through. I'm quite sure there's some certified officers there. As soon as we get to those, if they make it to the end, those will be on the street faster than the four months it takes. Commissioner Sarnoff Do me a favor, if you would. Just go through -- not the people in the academy, but the people who are -- you're processing to see whether they will, inevitably, be police officers. Where do you stand with that? Chief Orosa: We are -- we -- by November, we expect to make an announcement for new recruiting. We expect to open it up the beginning of November; maybe close it within a week or so and then -- while continuing to work the list, and that list will -- We'll probably finish the current list sometime in November. So we will finish one list and have another list ready to go. Commissioner Sarnoff All right. So the list we're working on right now -- Chief Orosa: Correct. City of Miami Page 34 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Sarnoff -- just give me your raw numbers on that. Chief Orosa: We have, I believe, about 200 that we are going to be inviting for a orientation, and then we still have -- 37 plus 18 -- we have 40 -- 55 in the final stages of the process. Commissioner Sarnoff So there is a -- here's what I'm hearing, and I don't know if the others hear it this way -- list of 200 people -- Chief Orosa: Mm-hmm. Commissioner Sarnoff -- that you're inviting for orientation. Chief Orosa: Correct. Commissioner Sarnoff And I guess orientation means you like them enough to invite them out on a date. Chief Orosa: Orientation is when we bring them in and tell them what we expect of them, and all the information we need from them in order to start the background investigation. Commissioner Sarnoff All right. So that hasn't gone on. So you're not -- so orientation is not even at background, and background -- Chief Orosa: Correct. Commissioner Carollo: Right. Commissioner Sarnoff -- psychological, physical agility washes out what percentage of your applicants? Chief Orosa: We usually hiring anywhere from 10 to 12 percent of the applicants. Commissioner Sarnoff All right. So of this 200 list -- Chief Orosa: You can safely assume you're going to get -- Commissioner Carollo: Twenty. Commissioner Sarnoff Twenty. Chief Orosa: Twenty. Commissioner Sarnoff Okay, so now, you mentioned the number 55. You did some calculations, 18 -- Chief Orosa: Yes. Eighteen undergoing psychological and then there's another 37 more going through the background. Commissioner Sarnoff Those 55, were they included in that 200? Chief Orosa: No. Commissioner Sarnoff Okay. So you have 55 people that are at a different stage. Chief Orosa: Correct; at the stage where the likelihood of them being disqualified is lower than City of Miami Page 35 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 any other stage before. Commissioner Sarnoff So would you say there's a 10 percent washout rate from that one so you could --? Chief Orosa: No, no. Commissioner Sarnoff Less than that? Commissioner Carollo: Yes. Chief Orosa: Whole washout, you mean. Commissioner Sarnoff Well, that -- Chief Orosa: Yes, yes. Commissioner Sarnoff -- for one reason or another, you're not -- Chief Orosa: Yes, yes. Commissioner Sarnoff -- going to hire them. Chief Orosa: I thought you meant higher -- Commissioner Sarnoff. (UNINTELLIGIBLE) "washout" does mean something different; I apologize. Chief Orosa: No, no, no, no. Yes, you're absolutely right, I -- because we were talking earlier about what percentages make it and I said 10 percent, I got confused when you said 10 percent washout. Yes. Commissioner Sarnoff So let me ask the question more broad -based: Of the 55 police -- of the 55 candidates -- I think that's probably what you call them still -- how many do you anticipate would get hired? Chief Orosa: The majority of them; probably -- from the 55, probably 45 to 50. Commissioner Sarnoff Okay. So using your lower number of 45, when would the 45 be employed by the City of Miami? Chief Orosa: By the end of this month. Commissioner Sarnoff By the end of this month. And of those 45, how many of them are certified and how many of them need to go to school? Chief Orosa: That, I do not have; I can get that to you. Commissioner Sarnoff. That's a big difference, isn't it? Chief Orosa: I can get that to you. Commissioner Sarnoff Okay, okay. So we can anticipate approximately 45 to 50 police officers hired by Halloween; end of this month is Halloween. City of Miami Page 36 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chief Orosa: Yes. Commissioner Sarnoff Okay, and then you can anticipate on the "A" list that you're working on, "A" list, you have 200 that you're inviting for orientation; we could anticipate another 20. Chief Orosa: Twenty, 25, correct. Commissioner Sarnoff Okay. Chief Orosa: And those we're anticipating, by the end of the year, we'll be completely done with that list. Commissioner Sarnoff So it is feasible that you could have between 65 and 70 officers -- Chief Orosa: By January 1. Commissioner Sarnoff -- by January 1. Chief Orosa: And by that time, we would have started the new list. Commissioner Sarnoff And just walk me briefly through the new list. How long will that -- it opens, you said, November 1, if my notes are correct? Chief Orosa: More or less. I don't want you to -- Commissioner Sarnoff Yeah, you don't want to tell me a date. Chief Orosa: -- a date, because there's different factors involved with that. Commissioner Sarnoff Right. So by November 1 -- sorry -- by the beginning of November. Chief Orosa: November. It will take a -- we usually open it up for a week, or by the time we get a thousand or 1,200 applicants. Usually, we get the applicants faster than the week. So we shut it down. It'll take HR (Human Resources) probably about a week to give us a list of candidates, and what HR does is HR basically ensures that whatever is needed on the actual application process, it's there for us, and they'll give us a list without -- with -- and they put the veterans up on top, and City employees, and City residents next, and then everybody else. And then we get the list and we break it into batches, and we usually bring in 250 for orientation. We tell them what we need, and as soon as those individuals start providing us the documents, we start the background on them. Those 250 will take us probably about two month -- two and a half months into three months, and then we'll bring in another 250, and so we go until the end of the list. Commissioner Sarnoff So of that list -- so before we get past 65 to 70, we should be somewhere -- just my calculation would put us somewhere around June or July before you had another probably 30 to 40 hires. Chief Orosa: Correct. No; more. Commissioner Sarnoff Longer? Chief Orosa: Yeah, because out of 250, let's say it's a ratio of 25. By June or July, you will have two 250's, which may be about 50 officers, plus what we're finishing up now. You'll be close to fully staffed with the 80 new officers the Commission has so graciously gave us. Commissioner Sarnoff Right; should be by the end of the summer. City of Miami Page 37 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chief Orosa: Correct, hopefully. Commissioner Sarnoff Right. Chief Orosa: With the plan being that once you're there, we're at a rate that once the attrition starts and people go on their DROP's (Deferred Retirement Option Plan) and start leaving, the blow is not that significant, and we can continue hiring, because we already have the machinery and the list going on forward, so even though we reach at -- we reach maximum staffing, we need to continue just so that when attrition hits, we don't feel the blow. Commissioner Sarnoff So that's a fair question maybe -- maybe not even for you and probably not even for me, but certainly for the Manager. Are you going to overstaff the Police Department, knowing -- I believe in 2015/16 fiscal year, I think 150 police officers leave; is that right? Chief Orosa: I want to say 147. Commissioner Sarnoff Okay. No, that was good, that was good. I like you. Chair Gort: Let me ask you a question a minute. Does the applicant have a minimum requirement? Chief Orosa: Yes. Chair Gort: Okay, so -- Chief Orosa: And the minimum requirement, that's what HR looks for that first week after the applications are closed, and they look for that, and the ones that do not have it -- Chair Gort: They're out. Okay. Chief Orosa: -- they're out. Commissioner Sarnoff So is there -- Mr. Manager, then, if, in fact, 150 or 147 police officers -- let me correct it -- are going to be leaving in the '15/16 fiscal year -- Chief Orosa: 'Fifteen is a small amount; '16, bigger amount; '17, the big year, right. Commissioner Sarnoff Okay. So do we know who's leaving in '15/16, how many? Chief Orosa: Jaime, you got the numbers? Daniel J. Alfonso (City Manager): Commissioner, what I can tell you is that we will plan for the recruitment of staff so that as people leave, we are ready to replace, as we have been doing, for example, with the Fire Department. Currently, we have 50 firefighters going through an academy, and the overall account actually exceeded for a few days the allotted amount, but as people leave, it comes into the proper number. Commissioner Sarnoff How many are leaving in '15/16? Chief Orosa: We're in a good situation, actually. Next year, we have a total of 19 that are supposed to finish the DROP, but after that, maybe another five to 10 people that decide to leave, people that screw up and get fired; things of that nature. And then the following year, it's 65; and then '17 is the big one with 134. City of Miami Page 38 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Sarnoff I'm sorry, '15/16's 20, let's say, or 25; '16/17 is how many? Chief Orosa: Sixty-five, and then '17 is the big year with 134. Mr. Alfonso: And the number keeps changing. I mean, one of the reasons why we actually went down a few this week from the last Commission meeting was that seven people that are in the DROP left; they left early; they didn't go until the end. So I think that it'll probably smooth out a little more between now and then. Some people will leave before the end of their DROP. Commissioner Sarnoff No, I -- Chief Orosa: And the good thing, Commissioner, about the DROP is that we know for sure how many people are leaving that we can plan for. So you really don't need to budget that much money for that attrition, because since you have the plan, you know exactly, more or less, who's leaving. So as attrition takes effect, you're still hiring, because they don't come on payroll until they're finished with the hiring process. So as this one leaves, this one gets hired; this one leaves, this one gets hired. Commissioner Sarnoff And my question, Chief is, really: "Is there an overlap process?" Probably for two reasons: One is budgetary and the second is some sort of a transition. Chief Orosa: Correct. Commissioner Sarnoff And I just want to know that there's a plan budgetarily [sic] and transition -wise that I guess could be said that your Police Department, by '17 or '18 could be 50, 60 percent new officers. And when I call it a "new officer," a four- to five-year officer; might be the age of your significant, average, median mean off cer. Chief Orosa: Yes. Commissioner Sarnoff And my question is: With such a young department -- so obviously, their ability to run after criminals is good -- but their experience level of maybe knowing a criminal from a non -criminal may not be the same. I'm just thinking a seasoned officer -- Chief Orosa: But looking ahead to that, we already started planning for that, you know. In the last budget cycle -- not "budget cycle" -- in the last promotion of sergeants, the Manager allowed me to over promote by 17. So, you know, looking forward, if we continue to have those types of situations, we can always over -promote and -- to keep with the growing police force. Out of the 18 that you all gave me, a certain amount -- it's not going to be 80 officers -- it's going to be, for example, 65 with a few sergeants and a couple of lieutenants thrown in there so that they can -- as the department grows, we also grow the supervisory ranks. Commissioner Sarnoff Right. And just to go down that rabbit hole for a moment, obviously, you know, I -- your time is limited, my time is limited. I guess everybody's time is limited to some degree, but we certainly want to have a better clearance rate than we've been generating, as well, so I'm not up here telling you where to put them or how to put them. You know, I assume your predecessor [sic] will decide where to put them and how to put them. Chief Orosa: Correct. All I was able to do is -- because I won't be here when all these 80 get hire -- get -- Commissioner Suarez: "Successor, " not "predecessor." Commissioner Sarnoff I'm sorry, you're right. I'm sorry. City of Miami Page 39 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Alfonso: Yeah. I don't think we want to bring back the predecessor. Commissioner Sarnoff Okay, I apologize. It was a faux pas. Chief Orosa: Thank you very much, sir. So I already sent a -- more or less of a plan of where these 80 should be -- Commissioner Sarnoff Okay. Chief Orosa: -- assigned to, and that is also an increase in the investigative ranks that you had a concern about and -- but like I said, whoever is filling my shoes next time, they're going to have to -- the decision of whether they decide to go along with it or not, you know, they'll make that decision. Commissioner Sarnoff And last thing, Mr. Chair, if you don't mind? Chair Gort: Sure, go ahead. Commissioner Sarnoff And this is something I've not -- I can only talk to my colleagues up here about the -- well, I guess I -- probably best place to address this. As you can see, there's a significant increase in crime in the Gables, or at least as the Herald reports, and I'm -- as we ramp up, crime, I suspect, moves, as you put forces towards it, and it could very well be that we're pushing -- not purposely -- but we're pushing crime towards the Gables. Would it not be useful for maybe the Gables Commission and us to get together in some sort of a joint effort where -- that we sit as a Commission addressing crime? 'Cause I don't think it's our intention up here to feel good about ourselves and say, "Well, we've pushed the crime out of Miami," when all we've done is push it to the Gables, and then the Gables will ramp up, and they will inevitably push the crime back to Miami. I mean, this is part and parcel of the problems of fractional municipalities so that we can all be on the same strategies to some degree. It just seems to me it would make sense for the City of Miami and the Gables to have some sort of a -- I don't want to call it "a joint task force," 'cause I don't want to use words that you should be using or the next successor to be using, but would it be useful for us to sit together and try to come up with a strategy? Chief Orosa: And, you know, I'm open to that and -- Chair Gort: Let me open the question a little bit more; let me expand on that. My understanding is we did sign an agreement with the City of Coral Gables, but my understanding is we also have the Association of Chiefs of Police, which I think somehow, that association's got to make some kind of agreement so we can all work on a team, 'cause whatever happens on one side of the neighborhood is going to happen in the other side of the neighborhood, and we have to take care of it as a complex for everything. Chief Orosa: Mm-hmm. And, Commissioner, that's a -- I guess it's a political decision that this body and the body of Coral Gables -- if they wish to do that, I'm fine with it. I get along with the interim Chief Ed Hudak, very well. So we've had conversations before. The only thing that I would recommend as an unintended consequence is that we helped the Gables, and now we have to go help West Miami and South Miami and -- as the Gables pushes it further west. Commissioner Sarnoff Well, as they say, Chief as you put it further away from your borders, it's -- the Gables is like our neighbor and I -- you know, I'll certainly defer to my Commissioners up here, but it just seems like it might be a good issue and maybe some cooperation beyond some contemplated agreement at a more political level, and I'll certainly throw that ball over to the -- City of Miami Page 40 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chief Orosa: And I already -- in conversations with Ed, I already told Ed that whatever he needs from us, we'll be more than happy to help him. But if it's more of a long-term type of effort, you know, whatever this body decides to do and the body of Coral Gables, I'll be more than happy to join in and help. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. Yes, sir, you're recognized. Commissioner Suarez: Yeah. I just want to say briefly that we've done it very successfully already in -- on 8th Street with the prostitution issue where we've had to create a task force with the County, West Miami, Coral Gables, because the prostitutes understand the different jurisdictions and, actually, will utilize that so that they can continue to operate and cross the street when need be when we're doing an operation, et cetera, et cetera. So I think that it makes eminent sense that we not be pushing crime into either city, because what ends up happening is we push it one way, they push it back, we push it one way, and so all we're doing is, you know, pushing the crime one way or the other. I know that -- I could tell you in my district, which is very east/west, I oftentimes feel that I'm pushing crime east/west; in other words, when I get to Flagami and the complaints are in Flagami, we hit -- we put the PST's (Problem Solving Team) in there and we start cracking heads, for lack of a better word, phraseology. And then all of a sudden, the crime stops there, and then in Shenandoah, I start getting the calls. So sometimes, I get the impression that we push crime east/west. So I think you're right. I think we should talk to them, because I think what we want to do -- because Coral Gables almost sits in the middle, actually, if you think about it, because my district goes up to the eastern boundary of Coral Gables and it goes all along the northern boundary of Coral Gables. So to the east and the north, I completely surround Coral Gables. On the southern boundary, I think you are -- you know, you are touching it almost exclusively, as well, so it kind of sits in the middle of the City. Commissioner Sarnoff I also think it would be a very interesting hour, two, three, meeting, whether we sit with their Commission on their dais, or they sit over here. I think it shares a very strong desire by this community, and I mean this community, probably bigger than Miami, that we really want to get our act together. And, you know, it's one thing for bureaucrats to sit there -- a Chief or Assistant Chiefs or Commanders to say, "We're cooperating." It's another thing for the political body to acknowledge what goes on and ask their -- I don't want to call you "bureaucrats, " but your Chiefs of Police, your Administration to follow what the jurisdictional body wants, which is, let's not just push crime into each other's neighborhood. Let's defeat crime. Maybe Kathy Rundle sits there; maybe Willy Ferre sits there; maybe that's part of a meeting that we should have, 'cause I -- I don't know that it's ever happened before. I don't remember the Coral Gables Commission ever sitting with the City of Miami Commission. I don't remember Kathy Rundle sitting in the audience. I don't remember Willy Ferre sitting in the audience. And I may be missing some folks that should be sitting there; maybe ATF (Alcohol, Tobacco & Firearms) should be sitting there; maybe some other folks should be sitting there. And I think it sends a message that both jurisdictions want to get tough on crime and clean up and provide a quality of life that -- I call it "the Miami callus." I'm sure Coral Gables has what I call "the Coral Gables callus," which is, "What's the big deal? Your house was only broken into once, " or "You only lost a bicycle, " and "So what; your car was broken into for the third time?" It's -- I hear that all the time, so I just bring that up. I think it'd be a great idea. I think we should think about it. I'd ask the Manager to consider putting us together. I would ask you to invite Willy Ferre. I would ask you -- and I'm -- this is just my thinking; if anybody wants to, join in it -- have Kathy Rundle there, because pushing it back and forth is not a solution for anyone. Chief Orosa: I would just recommend one thing, Commissioner. Remember, they don't have a Manager, and it's going to be a little bit difficult -- City of Miami Page 41 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Sarnoff Somebody's managing something there, so. Chief Orosa: Well -- but I'd rather wait for them to have a permanent Manager there, because what an interim may do right now may not be what the next person wants. Commissioner Suarez: But I -- and with all due respect to the Chief, I would kind of disagree, because they have a permanent problem right now, which is a permanent crime problem. Chief Orosa: Right. Commissioner Suarez: And it is very, very bad. I mean, if you saw the graph that the Herald published -- Chief Orosa: Yeah? Commissioner Suarez: -- with the number of crimes in the area, it's a big problem. And what I'm concerned about is if that problem gets pushed to our City, to Flagami, which is right next door; or to the Grove, which is on the other side; or to Coral Gate or to wherever, that's going to become our problem. So I think it behooves us to act now rather than to wait. No offense, Chief. I just think -- Chief Orosa: No, none taken. Commissioner Suarez: You know, I just think we really can't wait. I mean, the fact that they have their political houses kind of -- you know, not in 100 percent order -- you know, we just -- this is going to become our problem. If they start acting proactively in Coral Gables like we act proactively when there's a crime issue, that means that those guys are going to go like this, so the criminals are going to become our criminals, and then we're going to have to -- we're going to have another crime spree on our hands. Chair Gort: It's got to be a joint venture with all these cities and -- the elected officials; they might not have a Manager, but elected officials can tell them what they want to have that. Chief Orosa: Okay. Chair Gort: And I think we need -- it's about time we start doing that, and not only the cities, but the County. We all have to get involved. I mean, crime, like it was stated before, it moves from one neighborhood to another neighborhood. You can tell. It's the same thing with the homeless. You put pressure on one part and they go to the other side of the other town. So somehow they -- my recommendation is the Chief Associations -- you have all the Chief of Police in that association; am I correct? I mean, I'm not a police officer. Chief Orosa: Yes. Chair Gort: I can't tell what kind of plan should be put together, and I think you all should be coming up with a plan, and we'll take care of the -- talking to the elected officials to make sure that it gets done. Commissioner Sarnoff Also, does anybody up here think it would not be a good idea to sit with the Gables? Chair Gort: It's a great idea. Commissioner Carollo: Mr. Chairman. City of Miami Page 42 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Being consistent with my position in my almost five years here, I always say dialogue and discussion is good, so I don't see any drawback from actually meeting with them. At the same time, I think the County does need to be involved, and I sort of disagree that maybe we're pushing crime into the Gables. I know they had an issue with regards to reporting, and maybe they're just seeing what their actual stats are, as opposed to what was being told before. And I'll be honest with you. I don't necessarily agree that we're pushing our crime into the Gables. I think, in all fairness, we haven't really fixed our problem yet. We're getting there and it's getting better, but you cannot tell me that all the various residents that came before us, pretty much demanding that we add police officers -- I think if you asked them right now, they won't tell you that our crime problem is fixed and it went to the Gables. So I disagree with that. I still think we have an issue, and not just the areas that border the Gables. I think in the whole City of Miami in different areas, from the Grove to Liberty City to Little Havana. And I know it hasn't -- it did come out in the Herald online, but just yesterday, there were numerous arrests from a location in Little Havana that -- over 20 individuals? Chief Orosa: Twenty-one. Commissioner Carollo: Twenty-one. Over 20 individuals were -- as a matter of fact, you know what? I'll yield to the Chief. You have better information on this. I'll let you give the news. But -- and my point is that, no, we haven't rid of all crimes in the City of Miami and it's now going to the Gables. I don't believe with that statement. I believe we still have an issue. We are addressing it, little by little, and maybe not as fast as I would like to, but I'll yield to the Chief. And I don't see any drawbacks from having discussion with other municipalities, but I do think that we need to think a little bit bigger and make sure that the County is involved and so forth. Chief, if you would, could you mention a little bit of -- 'cause I don't know how much you can or cannot say with regards to the raids but -- Commissioner Suarez: I don't mean to cut -- I don't mean to -- Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. I just wanted to say that the Miami Herald reported what they reported. And I want to -- before you say give us more detail, fill us in on what exactly transpired, I want to commend you, because I think the bottom line is that -- first of all, I agree with your point. Your point is that we haven't fixed our crime problem. Clearly, we haven't. If we had, we would not be hiring, you know, the kind of -- the numbers of officers that we need to hire. So that's a point that I wholeheartedly agree with. I still think the coordination is a good idea, and I think that what you're about to explain shows precisely why coordination is important, because that was a cross -agency coordination, and I commend you for doing it, and I think it was extremely successful, and I just wanted to say that before you gave us some more detail. Thank you. Chief Orosa: The case started about a year and change ago, and it was based on some complaints that we were receiving, and we were sending it to our gang unit, and the gang unit started doing surveillances, and making drug buys, making gun buys, and all of a sudden, it mushroomed, and we needed assistance, so we reached out to ATF and the Federal agencies came on board. And like I said it lasted a little bit over a year, and it culminated with warrants yesterday for 21 individuals; four had already been in custody from a previous arrest involving a car jacking, and they had pled guilty to those charges, and now they just were zapped again with the superseding indictment. So a total of 21 individuals were arrested for various charges, but all of them involved in a racketeering statute of minor crimes; minor in the Feds' eyes; not minor in our eyes. And they are all, believe it or not, looking at life imprisonment. So I think it's a very successful story, and in the Federal system, the majority of them are going to get convicted, or City of Miami Page 43 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 they're going to plead, because they don't want to get stuck with life imprisonment, and they're going to be gone for a long time. And this was a group that controlled an area of Little Havana. They would be so brazen that they would put threats in Facebook, in Twitter, and "Don't come in; this is our area," and they dealt in guns, Mollies and crack cocaine. And it spread; the group was spreading to Allapattah, as well, so that portion of it is all gone now. And we do have three fugitives that our Marshal's Office and our FAT (Felony Apprehension Team) Squad is behind their trails to get them to justice. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And the Chief saying that, I want to commend you and all of your staff, and also being able to work with the other agencies. You know, it's something that, as you know, my office kept getting calls from residents, and they kept pointing to the same location. And I'm glad -- unfortunately, it took some time, but these investigations does take time in order to get the evidence needed. Chief Orosa: And the part of the starting of that were based on complaints from your office . Commissioner Carollo: Yeah. So I'm really, you know, appreciative of the work that you and all your staff did. And I guess at the same time, it shows that we can work together with other agencies and get the job done. And when you call and complain about crime, we are working towards fixing the problem; however, sometimes, it does take time, 'cause I know these investigations -- you know, everybody needs their due process, so they will have to go to trial now. But I feel comfortable that with the evidence that was gathered, we'll be able to get convictions, and they'll be gone for a very, very long time. I just want to mention also that again, with the tone of working as a team, yesterday, I had the honor of speaking with Mr. Ferrer, and he -- we mentioned about the arrests in the case and working together, which he spoke very highly of you, Chief and he mentioned that it was great to be able to work as a team, and that this does not have to stop. He really welcomes the proactive attitude, and he is really looking forward to continuing to work with us, so I think that's a big plus. Chief Orosa: And Commissioner, I can't go into many details, but we do continue to work with him. We have other cases around the City that need to be wrapped up, but that'll be for another day. Commissioner Carollo: Understood Chief. And again, that's why I yielded to you explaining, so I wouldn't speak too much, or give any details that I shouldn't give away. Thank you. Chair Gort: Don't give up the advantage. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Yeah. First off Chief I happened to have been very close to Commissioner Carollo yesterday, and just so you know, the U.S. (United States) Attorney had very nice things to say about you, very nice things. And I don't want to suggest to anyone here that I think we've defeated crime, or maybe even that we've made a dent in crime, 'cause I don't know that we have. What I do know is I don't think a criminal says on 8th Street, "Is this the Coral Gables street or is this the City of Miami street?" However, I will tell Commissioner Suarez, I do think the prostitutes know that exactly, 'cause they know a felony versus a misdemeanor, you stop your jurisdiction right there. I just think there has to be a little bit of a bigger attitude towards this. I think it would be an august moment for the City of Miami to sit with the Coral Gables Commissioner. I think Commissioner Carollo's dead right. I think Mayor Gimenez should be there. I think it'd be a very -- again, a very august moment, whether we're City of Miami Page 44 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 sitting here or we're sitting at the Gables arena, if you will; that would be fine. You know, I sit here, and yet, I know that a crime recently committed -- let me tell you a little story about Village West, if you will, West Grove. So since July 4, we've had eight shootings in a 15-block area, 15 blocks. That is not a big area of the City of Miami. Less than a thousand people live there, and we've had eight shootings. The last one came from two kids coming home from Coral Gables High. Now, you'd say, "What's the big deal? They lived. " Yeah, one will live without a liver, which means he will have a liver transplant. And, you know, what are the costs and expenses of somebody getting shot in the stomach for the rest of their life, borne by the taxpayers forever? Those are things that, you know, it seems like unless you die, you know, the shooting in the spot, 16 -- Chief Orosa: In a (UNINTELLIGIBLE). Commissioner Sarnoff Right. -- 16 people shot didn't make national news, by the way. You know why? Nobody died. But some people were shot and will limp and never walk correctly the rest of their lives. I just -- you know, I've seen -- and I won't belabor this anymore, Mr. Chair. I know you're wanting to move on. But, you know, I look at some of the responses that we got from our police commanders in the department, and that is that in 2012, there was a big Federal sting operation that netted a certain number of people, and that we have somehow taken away the titular heads of the criminal enterprise, leaving 14- and 15- and 16 year -old kids with weapons shooting each other in the West Grove. And it's an interesting thing to say, because what I know of the Police Department and the police officers, the person they fear the most is a 14- or 15-year-old with a gun, because that person has very little fear and has known very little negativity in their life as to what's about to happen to them. So I don't have the solution, Mr. Chair. Chair Gort: What I want to add is, I think your idea is a great idea. Why don't we create some kind of a summit where we can bring everybody together? I mean, everybody in Miami -Dade County, we all are victim of crimes. And come up with an idea with the Chief of Police to get the information from us and what we like to see them doing, and for them to put the task together, because we're not the expert. Commissioner Sarnoff I agree. Chair Gort: But I think a summit should be taking place. Commissioner Sarnoff Can we have the Manager arrange that? Is that something that this body is in favor of Commissioner Suarez: Yes. Commissioner Sarnoff Good. Chair Gort: Okay. Yes, sir. Mr. Alfonso: I'm sorry, Commissioners. Let me make sure I understand. Our Police Chief and the Police staff works with other police agencies. Chair Gort: Correct. Mr. Alfonso: You would like for the Manager to try to bring together a symposium of all elected officials -- I'm sorry, I missed that. Chair Gort: If possible, representatives of all the cities, Miami -Dade County, Kathy Rundle's office; all people involved with crime. You already have an organization within the Miami -Dade City of Miami Page 45 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 County where we participate, but they have different issues. I think that type of instruments, we should be using. Mr. Alfonso: Okay. Commissioner Sarnoff Can I respond to that a little bit? Chair Gort: Yes, sir. Commissioner Sarnoff I think it can get cumbersome and too big. I'm suggesting we sit with a Coral Gables Commissioner; we invite Mayor Gimenez to come; and we have Kathy Rundle and Willy Ferre, and I think we should sit down in an adjourned meeting; they'll adjourn their meeting, we'll adjourn our meeting, and I think we should just have a conversation on strategies, how they see things, what they're hearing, so that we, as elected officials -- you know, I don't go up to Carollo and say, `How's crime in your neighborhood?" 'cause it could, theoretically, come to this dais. I don't go to Suarez and say, "You know, what's the last thing that happened in your neighborhood?" 'cause, theoretically, it come up on the dais. But if we sit here and we have a sunshine meeting with Coral Gables, we can have this robust conversation, and it could be attributed just to crime. The only reason I'm saying, Mr. Chair, don't start inviting other folks, it becomes unmanageable. I want a manageable meeting between a jurisdiction just adjacent to us, Mayor Gimenez be -- Commissioner Carollo brings up a good point, you know. There's a County element to this; there is. Chair Gort: Yes. Commissioner Sarnoff And that's what I'm suggesting. Chair Gort: And I understand the problem with Coral Gables and the City of Miami, but we have the same problem with the Allapattah, Liberty City, and all the other neighborhoods where you have surrounding neighborhood where we have large crimes, too. So maybe we can start with the Coral Gables and use that as the beginning; then we can expand as we get -- okay? Mr. Alfonso: You got it. We will work to put together a meeting of the elected officials of the two cities and the Commission -- Chair Gort: Thank you. Mr. Alfonso: -- perhaps at the Police College. Chair Gort: Thank you, Chief. DI.2 DISCUSSION ITEM 14-00332 City Manager's Office DISCUSSION REGARDING ANNEXATION. 14-00332 Summary Form.pdf 14-00332 Annexation Feasibility Study.pdf 14-00332 Maps.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item DI.2 was continued to the November 20, 2014 Commission Meeting. City of Miami Page 46 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 DI.3 14-00991 DISCUSSION ITEM District2- DISCUSSION REGARDING THE ESTABLISHMENT LOCATED AT 1915 Commissioner Marc NW MIAMI COURT. David Sarnoff 14-00991 Back -Up Documents.pdf 14-00991-Submittal-Ben Fernandez.pdf 14-00991-Submittal-Ben Fernandez -Miami Herald Article.pdf 14-00991-Submittal-Cecilia Stewart.pdf 14-00991-Video Presentation -Cecilia Stewart-1915 NW Miami Court.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration for a status report to be presented to the City Commission six (6) months from now detailing House Nightclub's compliance with their 4:00 a.m. last call and 5:00 a.m. hard close restrictions, in addition to any code or noise violations. Chair Gort: D3 [sic]. Daniel J. Alfonso (City Manager): Commissioners, DI.3 is a discussion regarding the establishment located at 1915 Northwest Miami Court. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff This is something that was supposed to come back to this Commission as a result of a one-year issue with regard to whether House was being a good neighbor to the City of Miami Commission. This is the date it was supposed to come back. The last meeting, it was somehow put on the City by Planning & Zoning, and that brought up a discussion -- yeah, here it is -- Department of Planning & Zoning brought up the discussion at 1915 Northwest Court [sic]. Since that time, I've been pretty admonished by the City Attorney regarding some of the way I'm handling this issue. And Cecilia, you're a very easy person to champion. You're just a very easy person to want to take up a cause for, listen to you, and to champion your cause. And I've looked at a number of things, and I'm now questioning whether this is the best venue for this to occur, 'cause I'm not a hundred percent sure -- well, I'm not even sure that I'm giving due process rights to the House. And I think there's got to be a process that they need to go through, and I don't know that the process is best served here. I know that the Police Department has come to see me, and I know their findings are not necessarily consistent with what you're saying. And I want to give you, of course, the opportunity to say whatever it is you need to say, and maybe there's a better process to go through than what we're going through here, because, you know, candidly, they have the right to be heard, and they have the right to be heard for issues attendant to, you know, how they're operating. But -- and the Chair's not here -- is he here? Commissioner Carollo: He gave you the gavel. The gavel, so that's fine. Commissioner Sarnoff Keep -- you want to chair it? Commissioner Carollo: Sure, yeah. Commissioner Sarnoff So what I'd say, Mr. Chair, is I'd certainly let Cecilia speak. You know, I'm just giving her a heads up on where my attitude and how I'm heading is. You know, the City Attorney was very remindful of me that I'm a officer of the court, and that there is something called "due process," and I should allow a process to take place, and I should not be City of Miami Page 47 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 championing any one person's cause, and I am heeding her advice that this thing go through the due process it needs to go through. But I -- Cecilia, I said that we would -- this is a normal thing coming back to us, because we said we would give them one year, and we'd see how they're doing. So you're more than welcome to come up here and tell us how you perceive how they're doing. Commissioner Carollo: Commissioner Sarnoff, the only thing is that I see a lot of other people. Are we going -- do you -- is it your request that we allow everybody to speak? Commissioner Sarnoff It's -- I'm not the Chair of the meeting. I'm -- I think we have given -- Chair Gort: Wait a minute. Commissioner Carollo: I'll give it -- I'll pass it back to the -- Chair Gort: You have people signed up to speak? Todd B. Hannon (City Clerk): No, sir. I only have two speakers as of this time. Chair Gort: Okay, fine, that's it. Okay. Yes, ma'am. Cecilia Stewart: Cecilia Stewart, 1899 Northwest 1st Court. I'm going to give the Clerk's Office a chance to give you the information that I have presented. I would like to bring to your attention in the Noise Impact, Section 1 is highlighted, the date for the photograph that you have there, as well as a video presentation that's highlighted on the date. If you look at your Section 1, the dates are highlighted, which I'm going to emphasize with the media. Note for the Record: At this time an audio -video presentation was made. Ms. Stewart: If you look at the 8/16/14, this represents me documenting the noncompliance of the hard 5 a.m. closure. The lady in the light colored garment, who's peeking to look at me, that's the manager of the club. So she's noticing my attention, and now they're closing the door. She's ordered them to close the door. Now, I'm across the street on the sidewalk, so I'm in a very fair distance. Now, this is after 5 a.m. This is -- when I went over there, it was 5:08. And as you can see, visibly, people are inside the club. Please pay close attention to the body language and the heads. Now the door is being ordered to be closed again. And that concludes the presentation, with the manager approaching me and asking me about the situation. However, my purpose for going there was to document that the building is open after the 5 a.m. hour, and so you have the actual person speaking to me to acknowledge me, approach me, and we did have a conversation, and I did express the concern. And as I said, that was on August 16. Today, it is still the same. And I want you to understand, sir, even after that date, I met with the City Manager on the 29th of August. The Code Compliance person went out; and the director, Ms. Jessica Capo, gave the City Manager and myself a briefing of her findings. And at that time, she stated about the noise, and that she'd spoken with the manager at that time, as well as the Police Department, concerning the matter. It's in your information packet according to date. It will be the last date on your packet on Section 1. And I'm here, as I stated before, to ask for relief and we want to ask for modifications of the hours that they're operating. And I would appreciate it also if you would honor that, if you would help us. And I know, Commissioner Suarez, you were here on the initial dais at that time. You were the only one who said "no" at that time. I don't know your reason for saying "no, " but evidently, you saw something to compel you to say "no" against the other Commissioners, which I know you all do not like to do. So I'm appealing to that same sense that you had inside at that time. We've given them a try. Help us; sympathize with the people. Thank you so much. Chair Gort: Thank you. City of Miami Page 48 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Ms. Stewart: Mr. Sarnoff, I appreciate you. I thank you so much for how you've respected me every time I've come to you, even in privacy. I appreciate that. Mr. Gort, Mr. Chair, I appreciate you. I appreciate the counsel. I appreciate the guidance. I thank you all for allowing me this opportunity to speak to you all. I thank the House Nightclub people for coming out, because they didn't come out last time; evidently, it wasn't important at that time. But I thank you all for coming out, and you can see that I presented this in a decent manner, and I appreciate that. Now, I don't know what you do from here, but we would like due diligence. However way you do it, do right by us. We're not asking to put them somewhere else. We're just saying we want peace in our neighborhood. We want you to comply with the law. Who's above the law here? Is the House above the law? Please say "no." Chair Gort: Thank you, ma'am. Ms. Stewart: Thank you. Chair Gort: Thank you. Who is the speaker -- who do you have signed up to speak? Mr. Hannon: The next speaker I have signed up is Mr. Mark Lowe. Chair Gort: Yes, sir, you're recognized. Mark Lowe: Hi. How are you? Good morning, members of the Commission. Thank you so much for giving me the opportunity to speak regarding my business. Chair Gort: Name and address, please. Mr. Lowe: Sorry. Mark Lowe, 1900 North Bayshore Drive, Apartment 602, Miami, Florida 33136. Ben Fernandez: Sorry, Mr. Chair. If I may, I'm here on behalf of Mr. Lowe. Chair Gort: Okay. Mr. Fernandez: Ben Fernandez, 200 South Biscayne Boulevard. I just want to say for the record we appreciate Cecilia's comments. We're here to work with the neighborhood. We were just notified of this hearing less than 10 days ago. We are objecting, from a legal standpoint, to the format. This isn't a hearing, public hearing on a Code Enforcement issue or a noise issue. The club has never been formally cited for a noise complaint. They've received one warning. They've been in operation for five months. They're one of the most outstanding clubs in the City, if not the most outstanding club. And I'd like to just mention that in today's Miami Herald, the City was rated by Travel and Leisure Magazine as the number one city in the country for clubs, and this is one of the most outstanding clubs, and everyone here is here to restate that position to you. So I just wanted to make my objection clear from a legal standpoint as to the evidence being presented today, and I'll let Mr. Lowe speak. Chair Gort: Thank you. Mr. Lowe: Thank you, Ben. I just wanted it to be noted on Ms. Stewart's presentation that there was no time stamp, and if you did notice, the light of our address was turned off, which, for me, would indicate that we were closing, we were attempting to close. Members of the Commission, my name is Mark Lowe. I'm the owner of House Nightclub. It's difficult for me to fathom why I'm standing here when the re -visitation of this business in my thought process was mine to request as the applicant and based on our initial request for a 5 a.m. liquor service only. During construction now, as House has become more successful, we've been relentlessly targeted by City of Miami Page 49 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 members of media, MEDA (Miami Entertainment District Association), the owners of nightclubs in downtown Miami; calls and anonymous letters have been written filing every possible complaint imaginable. On the flip side, a small religious group of neighbors, led by Ms. Cecilia Stewart, has been the chief source of complaints. Prior to our even opening, Ms. Stewart was adamantly against this project, stating that it was dark, evil, sinful, and catered to a gay clientele. After our opening five months ago, Ms. Stewart was welcomed by myself and my partner, Matty Cartagena, who was actually the manager that she cited. She is actually not a manager. She is the owner. We gave her our personal phone numbers after inviting her in, and told her if she had any concerns whatsoever, to please address them to us. She said the club was phenomenal, and even though she disagreed with it morally, she felt that it was a work of art. She then found it necessary to amass what equates to a dictionary of complaints without my knowledge or any notice given to me as a business owner. She presented her case in front of the Commission. Why was I not informed or given the opportunity to speak and defend my business? Even after all of this, we again attempted to reach out to Ms. Stewart to address her concerns through Commander Faro; to no avail. We've done everything in our power to accommodate Ms. Stewart and her concerns, so clearly, she has no desire to rect the situation. Ms. Stewart is entitled to her religious viewpoints, but her personal opinions about VIP Server Clothing half a mile away or the sexuality and morality of my customers or myself is, frankly, none of her business. The LGBT (Lesbian, Gay, Bisexual, Transgender) community is an asset to any neighborhood, and has brought billions of dollars to the City of Miami. To be clear, we have never been cited or ticketed. We have received one questionable sound warning. I say "questionable" because we are in a D2 industrial zone, and the nearest neighbor is half a mile away. I personally walked the area with our music on, and you can hear absolutely nothing. House has conducted itself 100 percent professionally and responsibly. We have two noise complaints from Ms. Stewart and very little else. We provided security and police detail at both ends of the street and invested millions of dollars in an area that was nothing more than a barren wasteland of drug dealers, crack addicts and prostitutes. Her most recent complaints of parking are invalid, as we have the lots. We do serve food and we do not sell alcohol after 4 a.m. Any delay in a guest leaving the venue at 5 a.m. is simply because they have a tab to close or they have misplaced their keys or they need a taxi. Our guests are responsibly taken care of and we will not throw a guest out without making sure they get home safely. In closing, as a designer of 14 clubs and a 15-year history in this business, I was open doors all over South Beach. I chose this area because I believe in it. House has already received critical acclaim globally, and we've been written up in some of the finest nightclub magazines in the world. We are more than willing to work with our neighbors, including Ms. Stewart, but we expect to be treated in fairness and respect. Thank you very much. Chair Gort: Thank you, sir. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. And I will -- I think Commissioner Sarnoff seems to have a good grasp on where he wants to go procedurally with respect to due process and how he wants to handle the matter, so I'll leave that for him. I just wanted to -- you know, Ms. Stewart, I believe -- Ms. Stewart, I just -- I don't want you to get the wrong impression, and so I know that you signified that I voted against the Commissioners that day, and I did vote against the Commissioners that day, and I pulled the meetings of the minutes from that. But I voted against them for a different reason than the one that I think you think, and I'll read to you what I said on that day. I said, speaking about you, you're a very classy woman. And, you know, obviously, you feel that this is going to impact your quality of life, and that's always very compelling. I don't think there's ever a time when a neighbor or resident comes before us with that concern where we're not moved, and there have been instances in my district where there are clubs that are -- have much closer proximity, physical proximity to residents, and it does create a tension. But it's my view, maybe because I'm the youngest person here by quite a bit -- and now, I can't say that anymore, because I have a colleague who is not here at the time -- this is where my youth -- growing up in Miami, I've always envisioned Miami and always seen Miami as a very cutting edge, great metropolis, and I see what is happening here in the City is exactly what City of Miami Page 50 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 the gentleman is saying -- I was referring to the club owner -- which is that people are leaving Miami Beach, and they're coming to the City of Miami to live, work and play, and we're seeing that we were very blessed to have in the audience that day Craig Robbins, who had a great project in the Design District, and there's just a lot of beautiful and amazing things happening in the City of Miami, thanks to the people that have great vision and also the intestinal fortitude to invest in the City and deal with the issues that come along with that, and the difficulties that come along with that. I said I personally have no issue with the 5 o'clock, with it being 5 o'clock or 24 hours, for that matter. I just -- that's my personal feeling. It's hard because of the district Commissioner; he's very passionate and consistent on this issue, and it's a hard issue for me, to be honest with you. At the time, I didn't know where Commissioner Spence -Jones was, and just said, you know, I'm -- philosophically on one end, and I've been very consistent about my philosophical position. But on the other hand, I wanted to respect the district Commissioner and also you, the resident, who were coming to complain. I just want to make a couple of observations. One is, since that day, which was October 24, 2013, my understanding was a resolution could be brought back to see if we could go back to the 5 a.m., which, clearly, it doesn't seem like that's what they're asking for. So to a certain extent, I appreciate the fact that, you know, that they're not asking for that at this particular moment. And I just wanted to highlight a couple of articles that I looked at. One of them is in Miami Chute Magazine, which says, "Is Miami the new capital of entertainment in the World?" And it goes on to discuss why Miami is surpassing Las Vegas as the entertainment capital of the world. And we're also oftentimes -- and the Mayor has to answer these questions, so I -- it's one of the -- one parts [sic] of his job that I don't envy -- where sometimes we get ranked nationally in something very negative, and he has to, you know, explain that. And in this particular article that I'm looking at by Hannah Sampson, Miami is the number one destination for attractiveness and clubs. And so Chair Gort: Excuse me. Hey. Commissioner Suarez: -- you know, it's -- you know, I've always talked about -- we talked about it in the Ultra discussion -- that Miami has a brand, and that brand, in many ways, is what makes Miami successful and sexy and fun and exciting, and brings people from across the world to come here. And we have to protect that brand, in my opinion, zealously, because if we start to -- if we stop protecting that brand, then macro -economically, things are going to happen to our city that are, in my opinion, not in the best interest of the City, economically, and its residents. One of the things -- just to go to your point specifically, one of the things that I did notice and I will say is that when the -- when it seemed to me that the door had been closed on the club, like physically closed, it seemed to me that the noise had been eliminated completely. So I would just urge the owner to be more careful. Maybe instead of five minutes after, which I understand sometimes it happens, maybe try five minutes before, just to be on the extra careful side. You obviously know that you have a resident here who's very passionate and wants peace and quiet, which we all want in our neighborhoods. I think that's a very reasonable ask. But it's clear to me when you close that door that there is no noise that comes out of the club. And obviously, that's a very, very big door; I mean, you could tell from the size of the door. Those are my comment -- I didn't want you to get the impression that I voted against it because I didn't agree. I voted against it because I'm very -- on this issue, I'm extremely liberal in terms of pro -entertainment; I always have been. It's a product of growing up in Miami, having lived here my whole life and enjoyed the benefits of that lifestyle and culture. So I just wanted to be clear. I didn't want to give you a mis-impression. Chair Gort: Thank you. Ms. Stewart: Thank you so much for making that clear to me. Commissioner Sarnoff Mr. Chair. City of Miami Page 51 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Ms. Stewart: And I just wanted to say, I've given you the outline of my very first meeting with Ms. Cartagena, as well as my first complaint to her in May. May. Personally, I drove over to her. Chair Gort: Yes, ma'am. We'll hear from staff. Ms. Stewart: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: You're recognized, Commissioner Sarnoff. Commissioner Sarnoff So, first, Mr. Fernandez, it was, according to the minute notes, Commissioner Suarez that said you should come back the second meeting in September 14; you must come back and report on the status. There should be no surprise that this is the second meeting in September of 2014. Any issue that you may have with regard to notice would be your failure to know when the second reading in September of 2014 is. Well -- Mr. Fernandez: Actually, Commissioner Sarnoff that's not entirely correct. As of yesterday, there were several different resolutions on this item on your Legistar website. The most appropriate legislation on the website contained a condition which specifically said that the liquor was to stop being served at 4 a.m. with a 5 a.m. close, and that the applicant may come back and request a 5 a.m. liquor -serving deadline, you know, any time after September. However, that resolution was mysteriously removed from the website. I have a copy of it here, and I can enter it into the record -- Commissioner Sarnoff I'm -- I think we're talk -- Mr. Fernandez: -- was replaced with a resolution that just contained -- Commissioner Sarnoff -- I think we're talking past each other, Mr. Fernandez. Mr. Fernandez: Well, there's -- maybe semantics -- Chair Gort: Excuse me, excuse me. Mr. Fernandez: We had no notice of that. Commissioner Sarnoff Let me just say this. Chair Gort: Go ahead. Commissioner Sarnoff Commissioner Suarez was impeccably clear on page 1 in 26 of the minutes when he said, "You will be coming back the second meeting in September 2014." Now, whether you've been retained through their -- I have no idea; it's not my business. But there's no surprise that there would be a discussion here. Mr. Fernandez: And we're ready to come back, but we just haven't requested it yet. Chair Gort: Mr. Fernandez, please, let me recognize you. Mr. Fernandez: Yes, sir. Chair Gort: I want to keep order in this -- City of Miami Page 52 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Fernandez: Sorry, Mr. Chair. Chair Gort: Thank you. Commissioner Sarnoff All right. And then let me go on with the meeting. Let me also say something to Mr. Lowe. You know, I just want you to know, this is not about the LGBT community or anything along those lines. I am the 2010 winner of the "Save Dade" award for elected officials. Commissioner Suarez: What's that? Commissioner Sarnoff. You know, what two consenting adults do is what two consenting adults do. In my mind, it doesn't matter to me what they do; it's not government's business and it's personally not my business. So I want you to know, what goes on in that club -- as I always say to owners of buildings -- I care what your outside of your building looks like; what the inside of your building looks like; certainly, it has to be Fire code protection, but it's not government -- I don't think it's government's business. So let me just say this to the LGBT community: I don't care if it's a gay club, I don't care if it's a straight club, I don't care what goes on inside the club. What goes on outside the club concerns me. The noise that emits outside of that club concerns me, 'cause it's my premise -- and I'll say this to you guys candidly -- 30 percent of my day as the District 2 Commissioner is spent -- and I think Danny Alfonso is beginning to see this -- dealing with noise issues. It is just the District 2 Commissioner's job to sit with the City Attorney and Code and listen to complaints of residents concerning noise. It -- I could tell you when a cold front will come -- not because it's cold out in Miami -- because noise travels further when there is a cold front. So as I joked with my wife this Saturday, I said, "Sunday, we'll be getting a lot of noise complaints." And sure enough, we had our noise complaints. So my issue here is really about what goes on outside of your building; not what goes on inside your building; that is between two consenting adults, and more power to you. I really do mean that. It's good business, and it's not our business. So I mean, from -- monetarily, it's good, and it's not government's business, in my opinion; others may have different. But how you react and what you do to a neighborhood outside is our business. Now, you all did not want the 4 o'clock stop drinking and the 5 o'clock hard close, I know that. Ms. Stewart, on page 6 of the October 24, 2013, actually said, `I think that's a fair thing to do. " And that's pretty much where we are today. But you really have to abide by the 4 o'clock stop drinking and a 5 o'clock hard close. You know what it means to a police officer? `I could go shake your door, and if I can open it, it's not closed" And that's what, Mr. Fernandez, was supposed to be discussed here today. Now, as a lawyer, you're right; Ms. Stewart makes a compelling presentation. But I don't want to be a fact -finder, and I don't want to step in the role of the Manager that he designates to the Code Enforcement, that he designates to Planning & Zoning. You know, when something comes to this Commission, every one of us make a great big assumption up here: One, it is legally ready and prepared; distance requirements have been determined. All these set of criteria for fitting in, as you would, Mr. Fernandez, say, "Code Article number such -and -such has been complied with" Well, I could tell you Suarez didn't go out there and measure. Carollo didn't get his rolling tape out there, and the Chair didn't go out there with his car and measure off the number of odometers or metrics there was from distance requirements. We believe it's properly before us and prepared. So from that standpoint, I'm not here to do that, by any stretch of the imagination. So, you know, what I want to make clear to everybody is I'm going to keep the status quo ante. I'd like to have a report back in six months where we are with this, just with regard to the 4 o'clock/5 o'clock issue. You're going to have a whole other set of circumstances. You're right, Mr. Fernandez, you're entitled to notice, opportunity, cross-examination, and anything else you may come up with to protect the club's interest, and they have an interest. On the other hand, Ms. Stewart has every right, every right, from a Brickell-ite to a Grovite to a Overtown-ite to a Liberty City-ite to a good night's sleep. Mr. Fernandez: Absolutely. City of Miami Page 53 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Sarnoff And the two are not mutually exclusive. And what I mean by that is whenever a club owner says to me, "You want to come out and see my outdoor speakers ? " I know exactly what that's going to mean: problems. Okay? If a club owner says to me, "You know, Commissioner, I don't want to invest in those double doors," you know what that means to me? I'm going to have problems, because the noise will travel. It's not my business what goes on in that club; I hope it's no other Commissioner's business, either. It is my business, I think, as a Commissioner, as a member of this juridic body, as a person that can designate the City Manager to do certain tasks, how that club reacts with the neighborhood. I don't think the two are mutually exclusive, but I think it's time for a conversation between the two of you. And you're right, Mr. Lowe, people's religious beliefs or ethics or morality does not come into play here; merely the noise; merely be a good neighbor; police the neighborhood. And what I mean by "policing," I mean clean up from people's throwing stuff around; that's being a good neighbor. Putting extra cops on the street in that neighborhood, that's a good thing. So I think I've said enough, Mr. Chair. I appreciate you allowing me to speak so long on this. Chair Gort: Thank you. Mr. Fernandez, you're recognized. Mr. Fernandez: Mr. Chair, I just want -- Chair Gort: Speak all you want now. Mr. Fernandez: In closing, I just want to say that we really -- we're a new club, and we want the opportunity to work with Ms. Stewart and come back to you with, you know, a very favorable response from Ms. Stewart. Thank you. Chair Gort: By the way, last time when she was here, she was accompanied with about six or seven other individuals that lived in the area. I think a lot of things -- this problem can be taken care of by people sitting down, talking to each other, and that's very important that you do that. Now you know what the complaints are, what the -- what worries us, and hope you'll get together, okay? Mr. Fernandez: Thank you. Mr. Alfonso: Mr. Chairman. Chair Gort: Yes, sir. Mr. Alfonso: IfI may speak for a moment, I did meet with Ms. Stewart in August 29 or late in August. I wanted to -- I don't want it to go unsaid that we didn't do anything. We sent our Code Compliance Department out there. We met with the manager of the club very, very early in the morning; I want to say somewhere -- 2, 3 in the morning. We advised the club owner of some of the concerns. We explained -- no, not the owner but the manager. I apologize. We explained to them the concerns about the loud noise externally, and then we followed it up with a inspection of the place, which involved our Law Enforcement Department, et cetera. So we have been working to get the place into compliance and reduce the nuisance. Chair Gort: Okay. But -- Victoria Mendez (City Attorney): Mr. Chairman. Chair Gort: -- excuse me. Yes, ma'am. Ms. Mendez: IfI may, briefly, I just wanted to thank Commissioner Sarnofffor listening to my -- what he calls "admonishments" about the procedural hearings, and that this is best to go City of Miami Page 54 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 through the normal channels and go through a public hearing process, so thank you. Commissioner Sarnoff She dressed me down pretty good, Mr. Chair. Chair Gort: Thank you. Well, did a good job. That's your job; tell us when we're in line. You're recognized. Vice Chair Hardemon: Thank you very much, Mr. Chairman. I just want to be clear that I, like Commissioner Sarnoff, agree that whatever happens inside the club, as long as it's lawful, is none of the community's business, for lack of better words; however, what goes on outside the club is. And so, if we are in violation of the noise ordinance, then that's something that needs to be corrected and stay corrected; that is being a good neighbor. And I understand -- I've driven by the club. I don't live very far from the club, so I understand the distance that there is between that building, the club and the nearest residence. So if the residents are complaining of noise, then that means that that noise that's coming from the club is very loud; that's the only way that I can think of it making any sense. And just for disclosure, I had an opportunity just to review some of the websites to look at what goes on at House. I'm still unsure what type of club it is. I know someone said the LGBT, but it didn't appear to necessarily be that way entirely Friday, Saturday, Sunday, so I'm still somewhat confused about it. But at the same time, no matter what type of club it is, the noise should be contained within the club and not necessarily outside of the club. That is a residential -- it abuts residential areas very closely. So we want to make sure that all of us live in some type of harmony, but mainly that we're all law-abiding citizens and corporate citizens, okay? Chair Gort: Thank you. I understand we have an additional speaker? Mr. Hannon: Eddie Rodriguez. Eddie Rodriguez: Good morning. I'm Reverend Eddie Rodriguez. My address is 445 Southwest 11 th Street, Apartment 402 in Miami, 33130. So I've heard a lot of talk about what goes on inside the club, what goes on inside the club. I am a minister and I attend House. One of the reasons I attend House is I like to see where my daughters go out when they go out on the weekends. So let me just make it clear for you what happens inside of House. People dance, people drink. It is a sociologist's dream come true when, on any given weekend, you'll see over a thousand people -- straight, gay, black, white, young, old -- talking to each other, dancing with each other and celebrating their shared humanity. I don't want for anyone to use God as a reason why this club shouldn't operate. I don't want anyone to use noise as a cover for that. We live in a city that is very progressive; it's known for being very international. I personally know people that fly in on the weekend from out of the country to attend House, because it is the best nightclub in South Florida. If any of you have not been there, I suggest you come in on a weekend; let me know, and I can walk you through the VIP (very important person) line. I have stood in front of the club many times. I'm an observer; as a psychology major, I observe. I have seen the doorman card people that look to be underage. I then go inside and see bartenders card people that look to be underage. I have seen people leave the club who don't appear to be able to drive. I have seen doormen call cabs for them. I have seen people not let people leave in order for them not to leave the club and drive in a way that they shouldn't drive. I have stood there many times outside and I have -- no noise, but I did observe this past Saturday at least 25 City of Miami police officers enter the club, wondering what else is happening in our City that we can afford to have 25 police officers enter the club. At 4 o'clock liquor is not served any longer. You can get a bottle of water and that's about it. So I just want you to know from a perspective of a father, of a minister, of a citizen, this club is a great example of what any establishment in South Florida should be: all-inclusive, all -accepting. And all that goes on inside the club is dancing, drinking and people enjoying each other. Thank you. Chair Gort: Thank you. City of Miami Page 55 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Ms. Stewart: Mr. Chair, please? Chair Gort: Yes, ma'am, go ahead Ms. Stewart: Thank you. I want to say the focus is not what goes on in the club. You have taken the focus off what I brought it here for; it's not that. The focus is on they did not honor the exception and the conditions that the Commission approved. The focus is the noise violation; that's it, that's it, not this other stuff. That's a sidebar; that's not it. That's it. Chair Gort: Ma'am, I think that's what we addressed, what was the problem. Any further discussion? Commissioner Suarez: No. Chair Gort: What's the decision? Commissioner Sarnoff I'd like to see them come back here in six months and -- Commissioner Suarez: You're saying that, not me; just FYI (for your information). Commissioner Sarnoff I am saying it -- Commissioner Suarez: Just to clam the record. Commissioner Sarnoff -- and I think we may need to announce our names to the City Clerk from now on. Commissioner Suarez: It's okay. Commissioner Sarnoff I am saying they should come back in six months and just to get a status report where we are. Commissioner Suarez: Okay. Commissioner Sarnoff 'Cause I'd like to hear from Cecilia. Have things improved? And you're on complete utter notice, Mr. Fernandez, that in six months, you'll be coming here and we'll be hearing whether you're in compliance with the 4 o'clock stop drinking/5 o'clock hard close, 'cause that's the jurisdiction of this board. Mr. Fernandez: Understood, but I would -- through the Chair, I would like to preserve our ability to request a 5 a.m. liquor -- pending our good behavior. Chair Gort: Pending. Yes. Commissioner Sarnoff Perfectly acceptable. Mr. Fernandez: Thank you. Chair Gort: I do have a question: Twenty-five police officer going in at 4 in the morning? Mr. Alfonso: Commissioner -- Mr. Chairman, on Saturday, we had -- I'm not sure if it was 25, but we did have a number of police officers. We were visiting the club, making sure that there were no violations at the time. City of Miami Page 56 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Okay. Commissioner Sarnoff But I think you were also visiting other -- Mr. Alfonso: There were -- Commissioner Sarnoff -- clubs under observation. Mr. Alfonso: Yes, we were. There is -- Chair Gort: You were making the rounds to all the different clubs. Mr. Alfonso: There is a task force, and if the board wishes, we can make a presentation about a task force that we have that is an ongoing task force. It was not 25; it was a total of 10. But they didn't only visit this one club. They visited other locations in the City. Chair Gort: I understand that. Commissioner Suarez: And in fairness -- Chair Gort: Look, that is taking place; continue to do so, and you don't have to disclose anything -- Commissioner Suarez: I was going to say, in fairness to the Manager, there was a shooting at a club, you know, where 15 people were shot recently, so I think, you know, it's appropriate. Chair Gort: Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Madam Attorney, would you go over the regulations? Victoria Mendez (City Attorney): Yes, Chairman. Thank you. We will now begin the Planning & Zoning portion of the meeting. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by the City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request at the City Commission. If the appellant agrees with staff recommendation and no one from the audience wishes to speak for or against the item, they may also waive the right to an evidentiary hearing. The order of the presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes, unless modified by the Chair. The City 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 to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Thank you, ma'am. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on today's Planning & Zoning items, may you stand and raise your right hand. City of Miami Page 57 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. PZ.1 RESOLUTION 07-01499ac1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTH/SOUTH AND EAST/WEST ALLEYS LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHWEST MIAMI COURT FROM NORTHWEST 20TH STREET TO APPROXIMATELY 215 FEET NORTH OF NORTHWEST20TH STREET, MIAMI, FLORIDA. 07-01499ac1 Fact Sheet.pdf 07-01499ac1 Analysis & Color Maps.pdf 07-01499ac1 Application & Supporting Docs.pdf 07-01499ac1 Legislation (v2).pdf 07-01499ac1 ExhibitA.pdf LOCATION: Between N Miami Avenue and NW Miami Court from NW 20th Street to Approximately 215 Feet North of NW 20th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Miguel Diaz de la Portilla, Esquire and Elinette Ruiz, Esquire, on behalf of Southern Waste Systems, Ltd. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT AND STREET COMMITTEE: Recommended approval on February 6, 2014 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on March 5, 2014 by a vote of 5-2. PURPOSE: The alley closures and unification of the site will enable a modern and clean recycling/processing center to be constructed and reduce the amount of material otherwise deposited in landfills. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.1 was continued to the November 20, 2014 Commission Meeting. Chair Gort: PZ.1. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. The first item for action, Commissioners, is item PZ.1, which we are going to recommend be continued to the month of November. I know that the applicants are here, and we are making this recommendation in concert with them. I also wanted to briefly introduce into the City of Miami Page 58 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 PZ.2 14-00912xc record a statement, which is that we received an amended letter of intent from the applicant indicating that the item's purpose is to unify and close the alley sites as a safety precaution. The intent statement that's presently there speaks to redevelopment issues which are not necessarily on the table at present; that's somewhat perfunctory, but I just wanted to put that into the record. And if the item is continued, you will see that reflected in the next publication of the item as a matter of intent. That said, you're familiar, I believe, with this application. It's been before you a couple of times, and it's been continued at those times. I would like to share with you that we have met with the applicants as well as some of the area stakeholders. I would like to characterize the conversation that has taken place as a result of these meetings as positive, and we think that we have achieved at least a reasonable amount of consensus and we are now going to be waiting for the results of this consensus to be put in writing so we can properly vet it and hopefully come back to you at the next hearing with a unified proposition for you to consider. With that said, if you would consider continuing the item, that's what's before you right now. Chair Gort: Okay, thank you. What is the wish of this board? Commissioner Sarnoff. Motion to continue. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: I got a motion to continue. Is there a second? Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: Okay. At this time, we'll open the public hearings. Is anyone in the public would like to address this PZ.1 ? Seeing none, hearing none, we close the public hearings. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ARTICLE 6, TABLE 13, OF THE MIAMI 21 ZONING CODE, TO ALLOW A REGIONAL ACTIVITY COMPLEX FOR THE PROPERTIES LOCATED AT APPROXIMATELY 700 NORTH MIAMI AVENUE AND 700 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA. 14-00912xcAnalysis & Maps.pdf 14-00912xc Application & Supporting Docs.pdf 14-00912xc-Exhibit A. pdf 14-00912xc-Submittal-City Manager -Back -Up Documents. pdf 14-00912xc-Submittal-Javier Betancourt-DDA Resolution in Support for Miami Worldcenter.pdf LOCATION: Approximately 700 N Miami Avenue and 700 NW 1st Avenue [Commissioner Marc David Sarnoff - District 2] City of Miami Page 59 Printed on 12,8'2014 City Commission Meeting Minutes October 9, 2014 APPLICANT(S): Tony Recio, Esquire, on behalf of P & G Investors, LLC, as Contract Purchaser, and Old Arena, LLC, as Property Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission, with conditions*, on October 1, 2014 by a 9-0 vote. *See supporting documentation. PURPOSE: This will allow a regional activity complex. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-1 4-0406 Chair Gort: PZ.2. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.2 is before you as a resolution. The application is for an exception with City Commission approval for the development of a parcel of land at 700 North Miami Avenue and 700 Northwest 1st Street; perhaps better known as the former site of the Miami Arena. This is before you today having been through Planning, Zoning & Appeals Board, and enjoying the recommendation of approval unanimously; the Planning & Zoning Department also recommends approval. This exception with City Commission approval is before you to seek exemptions under the Regional Activity Complex regulations in the Zoning Ordinance, and what I'd like to do is defer to the applicants to make a fairly complete presentation that they have, because that will enumerate exactly what exemptions they're asking for and why they are asking for those exemptions. Again, we think the project is very much worthy of your consideration, and we are recommending approval as presented. Chair Gort: Thank you, sir. You're recognized. Tony Recio: Thank you, Mr. Chair and members of the Commission. Good afternoon. My name is Tony Recio with law office at 2525 Ponce de Leon Boulevard; very excited to be here before you today on behalf of P&G Investors, LLC (Limited Liability Company), which is an entity that is related to MDMDevelopment. You have seen MDMDevelopments throughout the city. We've got the Met Miami Development in downtown, the J. W Marriott Financial Center, as well as -- I'm sorry -- and Barclays Financial Center, as well as the Downtown Dadeland Marriott, and they continue to be owned and operated by MDM. That's what this is and that's what you will see before you. I'm going to try to keep my part brief 'cause what you want to see are the pictures, and I want to show you the project, but I will give you some highlights. We're here; we've got the whole development team here. On -- basically, we are seeking a -- approval of the Regional Activity Complex for the Miami World Exposition Center. It's a transformational development in the Park West/Overtown area. It's incredibly important to the long-term viability of the City in general and especially the Park West area. Some of the highlights: It is 2.2 million square feet in size; it is a massive development. It is over 350,000 square feet of usable exhibition space; space that can be used for exhibitions and conferences. There's another 250,000 square feet of supporting space; 1,800 hotel rooms; space for over 1,200 cars and over 100,000 square feet of outdoor terraces. We think those outdoor terraces are going to be used a lot for exhibitions and for meetings, especially when you've got people coming in from all over the world, but especially the cold north. They're going to get to enjoy a 70-degree winter, and that's a great advertisement for the City of Miami, and that's what we intend to do. The City of Miami Page 60 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 construction is over $650 million. It is privately funded, which is unlike most other conference centers that you see throughout the world. The reason we are here today is, again, because of the size, because it is a Regional Activity Complex. Now, it being one of those, the way the City's Code works is because of the special programmatic requirements of this development and developments of this size and magnitude, they are -- they comply with the intent of the Code, but there are little, little spaces where it's not exactly what the Code would provide, because the Code is meant to apply to the garden variety offices and residential and industrial that make up the City. So -- and I'll explain where we get those, but before I do that, I'm going to have Bruce Brosch from Nichols, Brosch Wurst, Wolfe Architects walk you through what that program is and why the building looks the way it does. So at this point, I'll bring up Bruce and then I'll walk you through some of the finer points. Bruce Brosch: Good afternoon. My name is Bruce Brosch. I'm with the firm of Nichols, Brosch, Wurst, Wolfe. We are the architects for the project. I'm very proud to hear -- to present this to you guys. It is the Miami World Expo Center. It really starts with the exhibit hall that's located on the ground floor. This is a 100,000 square foot hall. Now, that pales in comparison to the size of the Miami Beach Convention Center exhibit space, but for us, it's very large. To give you an idea, this is the Lowe's Miami Beach Convention Center Hotel. It's an 800-room hotel, and you can see that it would fit very neatly in the size of our exhibit space. But that's not the only part of our program that we have as part of the expo center. There is a -- let's see ifI can do this - - there's also a 60,000 square foot ballroom; a 40,000 square foot ballroom; and a 1,500-seat lecture hall. Now, in a normal project where the site was large enough, this would be spread out horizontally. It would be all connected and served by service areas that connect to each of the spaces. It would be surrounded on the perimeter by public access for all the users of the space. In our case, we would have to add 800, 1,600 and 1,800 guestrooms, and finally 1,200 structured parking spaces. Now, a normal city block in the City of Miami is about that big, so for us to be able to do this design in a horizontal basis as a normal convention center, it would actually take four city blocks, in addition to the streets that connect those city blocks; that's obviously not available to us. What we have is the old Miami Arena site. Now, we're fortunate with that, because it's a very large site compared to most city blocks in Miami; it's almost five acres; actually 4.7. But you can see when we put a hundred thousand square foot exhibit hall on top of it, it begins to fill up rather quickly. So what we've had to do is structure this program vertically, so we've stacked all three of the major halls; the exhibit hall on the bottom; the grand ballroom on the second floor; the junior ballroom on the third, as well as the 1,500-seat lecture hall. In the rear of that is our service areas that connect all three of those major floors. In the front is all our pre function; that's where all the guests come and go. And in the back, we have our 1,200-car parking garage. Then we add our guestrooms stacking up, and that's our 1,800-room project. Now, it's worth noting that all of these major spaces, all the ballrooms and the exhibit hall have to be column free. So this site, as large as it is, was a challenge for us to be able to fit the guestroom tower in such a way that it allows those ballrooms to be column free, so the tower does not sit on any of that convention space. Now, here's our site kind of in context. And one of - - we love this site for a number of reasons: It's got tremendous easy access from 1-95 to the left on the screen; from 1-395 to the north on the project; we are adjacent to the Miami Worldcenter Project in dark blue there and we are -- probably not least, but we are adjacent to the All Aboard Florida site, which is the ochre color to the left there. And serendipitously for us, in their complex, their actual train station is to the north of their complex, which is directly across the street from our project. So we see as seamless a connection between the All Aboard Florida Station and our project as we can possibly do. This project has 1,200 cars, but we really depend - - for this project to work as well as it possibly can, it will need to have a significant component of our guests arriving by mass transit, and we're lucky to have all forms of mass transit right there -- Metrorail, Metro mover, Tri Rail, All Aboard Florida -- so we think that is integral to our success. And we've been in discussions with both All Aboard Florida and Miami Worldcenter as to how best to connect all these projects. So this is the ground floor of our project. The red is the exhibit halls; you can see it dominates the space. The dark gray is the service areas that take care of servicing this area. The light gray is the loading dock for this complex. The yellow is the City of Miami Page 61 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 public access or preassembly for the site and that very small area of dark blue is the lobby for the 1,800-room hotel. So this is how it stacks up vertically. The exhibit hall is on the ground floor; the grand -- 60,000 square foot grand ballroom is on the second floor; the junior ballroom of 40,000 feet is on the third. If you'll notice to the left, there's the 1,500-seat lecture hall. To the right on this diagram is all the pre function on all three of these major floors. This faces east in the City, so we present our best face to the rest of downtown. On top of this podium is the pool deck and sky lobby for the hotel. It contains our major lobby, all our food and beverage areas, the pool and recreation deck and all the other amenities that go into this hotel. These people are sitting about 129 feet above the ground, so they have spectacular views out to Biscayne Bay and the rest of downtown. And this is how the project is designed at this point. Now, the 1,800-room tower sits there; it's a very large hotel tower. We have done our very best to break the scale of this down into four distinct components. Each of these wings rises to a different height. The mullions on the -- each tower rise up at a different speed or rhythm, and we feel it gives it a very gracious scale to this project. And that's the way the project is, and I respectfully ask for your approval. Thank you. Chair Gort: Thank you, sir. Mr. Recio: I'll tie it up very quickly with some numbers and just some key facts. The Downtown Development Authority did a study several years ago regarding the need for space such as this. They said, "We need a hundred thousand to 350,000 square feet, and we need a ratio of one hotel room to every hundred thousand" -- "to every hundred square feet of exhibition space." This provides the 350,000 square feet, so the entire complement of that. It provides about half the hotel rooms that are needed, so we will need to service this additional hotel rooms throughout the area, but that's part of what this part is about; it's spurring other development in the area, so that's what we're looking to do. From a construction standpoint, I mentioned previously, it's about a 36-month construction period, looking at a cost of well over $600 million, and all of the fees and all of the jobs that that creates. Again, that portion of it is privately financed. That's to be distinguished from the operations, which we are talking with the CRA (Community Redevelopment Agency), and we will be in talks with the CRA regarding ongoing operational assistance. But the construction is -- that construction element is privately financed, so I just wanted to clam that. In terms of that ongoing operational component, the preliminary estimates based on our financial analysts, we're looking at 5,400 permanent jobs in the area to service this; both inside and outside this facility for all of the things that make this thing work. In terms of the hotel, that 1,800-room hotel represents $189 million over the course of the next 30 years in hotel taxes; these are significant figures. The indirect impact is over a billion dollars. And when I say "indirect impact," when a visitor comes to visit or an industry group comes to visit, they fill the hotel; they got to go eat somewhere; they got to go shop somewhere; they walk around; they take a visit to the museums; they take in a Heat Game; all of these things they can do without ever having to get into a car. In fact, with the Metrorail adjacent to us and All Aboard adjacent to us, a visitor can arrive by air to Miami International Airport, hop on the Metrorail, be at our door in about 30 minutes without ever having to get into a car. I think it's a really exciting thing; that's something Miami hasn't had in the past so we're extremely, extremely excited about this. Again, it's the old Miami Arena site. It's a great site with all kinds of accessibility, and it's the right configuration for this use. So we very much hope that you will support this project, and we are here to answer any questions that you may have when the time is right for that. Thank you so much. Chair Gort: Thank you, sir. This time we're going to open the public hearings, and I imagine we have some people that signed up to speak, so Mr. Clerk, I'll let that -- you'll be in charge of that. And if you could put this down, please. Vice Chair Hardemon: Mr. Chairman, may I ask him a quick question? Chair Gort: Yeah, sure. City of Miami Page 62 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Vice Chair Hardemon: Mr. Recio. Mr. Recio: Yes. Vice Chair Hardemon: Did I hear you correctly when you said that you can get it built without TIF (Tax Increment Fund) dollars; is that what your statement --? Clarij5r your statement. Mr. Recio: The TIF dollars would work as a rebate, and we have Javier Fernandez here who can -- who's been dealing with those issues, but the TIF dollars are a rebate against the property taxes that would be due on this. The property taxes wouldn't be due on this until there's a building there -- Vice Chair Hardemon: No, and I completely understand -- Mr. Recio: -- so we have to fund it. Vice Chair Hardemon: -- how the TIF -- Mr. Recio: No, I know. I didn't mean to -- Vice Chair Hardemon: Right. Mr. Recio: -- suggest you didn't. But because of that, we have to come up with the money up front -- Vice Chair Hardemon: Okay. Mr. Recio: -- in order to pay for that. That's what I meant to say. Vice Chair Hardemon: Okay. Mr. Recio: Thank you. Chair Gort: Thank you. Okay, yes, sir. Todd B. Hannon (City Clerk): First speaker for item PZ2, Brian Barton. Brian Barton: Good afternoon. My name is Brian Barton. I'm at 10938 Northwest 47th Lane in Doral. I just wanted to humbly express my support for the project. Being that Miami is the crossroads -- international crossroads of the world practically, this will be -- this project will be amazing for downtown. It will also not only bring as much employment as we know it will, but it will also enhance all of our schools -- FIU (Florida International University), Johnson & Wales, Miami -Dade Community College -- with programs for the hospitality industry, and have our hospitality industry grow throughout the State. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Javier Betancourt. Javier Betancourt: Good afternoon, Mr. Chair, Commissioners, Mr. Mayor. Javier Betancourt with the Miami Downtown Development Authority, here today to express the DDA's (Downtown Development Authority) very strong support for this item, which will facilitate development of the proposed Marriott Marquis and Expo Center at Miami Worldcenter; would like to enter into the record Resolution Number 16-2014 of the DDA board of directors in support of this project, and City of Miami Page 63 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 that's being distributed to you now. The DDA, as has been referenced, has been pushing hard for a convention conference/expo center for quite some time. It's actually the first stated objective of our 2025 Downtown Miami Master Plan, approved in 2009. We've also conducted two separate studies on this issue in recent years. The first is a report by ULI (Urban Land Institute) Technical Advisory Panel, which we engaged to look into the feasibility of a downtown conference center. While we thought a conference center would be good for downtown, we wanted to make sure that was the case. The second is a more detailed analysis of the same by Convention Sports and Leisure, perhaps the world's preeminent consultant on this issue. Both studies concluded that a downtown conference center is needed, feasible and highly desired. The expo center would offer a refined business -oriented facility that will attract new meetings and events to Miami that we're not currently able to attract. It would not re -slice the convention center business pie; it will enlarge it. And its location at the old Arena site is perfect from a transportation, land use and economic development perspective. It would provide a western anchor to the Miami Worldcenter Mall; a northern anchor to All Aboard Florida's Miami central station, essentially acting as an access between those two critical projects. It's well connected as it's been stated, to 1-95, 1-395, Metrorail, Metromover, and future projects such as the streetcar bay link and Tri Rail. The center would support all of downtown's hotels; it would support our arts and cultural destinations; it would create thousands upon thousands of jobs, and for all those reasons and more that I don't have the time to state -- Chair Gort: Thank you. Mr. Betancourt: -- we urge your support of this project. Thank you. Chair Gort: As stated by your Chairman, "In conclusion, thank you." Next. Mr. Hannon: Charlene Conill. Charlene Conill: Hello. My name is Carlene Conili. I've lived in Miami for six years and lived in the down -- and worked in the downtown area for over four. I love this City, love the energy of Miami, but I've always been baffled by the fact that there's no real core in downtown Miami, and I feel like this project will bring energy and jobs and a revitalization to the downtown Miami area that it really needs. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Brad Knoefler. Brad Knoefler: Good evening, Commissioners, Mr. Chair. Brad Knoefler, 133 Northeast 2nd Avenue, Miami, Florida. I'm here tonight just because this is a very, very symbolic site; just to remind you that this was the very, very first redevelopment project in the history of Miami that was promised to revitalize the Overtown community. We all know what happened to that, which is why the site is abandoned and we're talking about this project here. But I think the point is we always -- we were also promised that the American Airlines Arena, Bayside, the Arscht Center would revitalize the surrounding community. Now, while these are great institutions, they've utterly failed to bring any kind of economic development, as we could see from walking around the neighborhood. Why? Because they're compounds; people drive in; people drive out; they don't interact with the neighborhood; they don't go and shop; they don't walk around. There's no connectivity or interaction in the surrounding neighborhoods from these projects. It's been total failure for our planners, the City officials that pushed these projects in the past. Now, we're building a convention center on the project -- the spot, the site. These are typically more empty structures. It seems like there's going to be some activity on the site, but by and large, this is going to be another compound. We're talking about 120-foot sheer walls directly from the street. All the food and beverage activity and economic activity is going to happen 129 feet up in the sky; elevated walkways I saw in the Herald articles and a defensive structure. Now, I don't know City of Miami Page 64 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 what you want, Commissioner Hardemon, for your neighborhood, but I don't want a two -class society with elevated walkways and 120-foot restaurants in the sky while the poor and all of us have to walk around with crack heads and homeless. These mega -complexes can further segregate the neighborhood; not integrate into it if we don't do something. Now, I'm not going to fault the developers; they're going to do what they have to do. But I can fault those that are look -- supposed to look after our public interest. As elected officials, you should be asking, "Why have all these projects utterly failed to redevelop the neighborhood over the past 30 years? What can we, as stewards of the public interest, make sure that it works this time?" I don't see anyone having this conversation, despite -- my opinion is this is probably the most single important issue in the City of Miami -- Chair Gort: In conclusion? Mr. Knoefler: Yes. We need to understand how these projects are going to impact our life and make sure that -- we're looking up to you to ensure that these things actually happen the way they're going to say they do and not in a negative manner. Thank you. Chair Gort: Thank you, sir. Next. Applause Chair Gort: Excuse me. Hello. Mr. Hannon: Romina Meta. Romina Meta: Hello. My name is Romina Meta. I have lived in Miami for over 13 years, and have worked in Brickell and downtown area for all this time. While our downtown area is diverse, interesting, dynamic, it still lacks a center point which many other cities have created. I'm in favor of the Marriott Expo Center, because along with the Miami Worldcenter Project, it will bring life to the heart of Miami that it has been missing for years. I also know how important tourism and international visitors are to growing our economy, and a real convention center will help us compete as a city and as a region and will help us create new jobs. I think the project will be a landmark to both local residents and visitors from all over the world. I fully support the Marriott Expo Center Hotel and hope you will also. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Mildred Riscigno. Mildred Riscigno: Dear Commissioners and Mr. Chair, my name is Mildred Riscigno. I worked in the downtown Miami area for 15 years, and I have been in the hospitality and tourism industry for 25 years. I have witnessed the growth, progress and development of this area. I can assure you, with this project, we will become a pristine destination in which we are able to compete with world -class convention centers, such as Orlando, Atlanta, Las Vegas and many others. Also, the local business owners will benefit from this project. I am in favor of this project, because as a professional in the hospitality industry, I believe this world -class hotel and retail space will transform downtown Miami as a preferred destination and provide lots of jobs, opportunities. Again, I encourage you all to move on with this project to start attracting visitors and major events to this area. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Ted Weitzel. Ted Weitzel: Mr. Chairman, Commissioners, Ted Weitzel, Poinciana Village, 201 Northwest 7th City of Miami Page 65 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Street, Miami, 33136. I'm very much in favor of this project. You know, it's the third one that is important to us. All Aboard has started; we plan that the mall will be started by the end of the year, and I hope that these people will break ground by the end of the year. My lender disagrees with some of the statements here in saying that if these three projects go forward, they will finance my project of Poinciana Village, so it's very important to me that this project gets approved and starts and starts quickly, 'cause I think it will change the area. I mean, as you all know, you've seen the area, and I've been in the area 30 years, and we need something like this to vitalize the area, and I think it will do it. And anyway, my lender thinks it will do it, and that's what I'm really counting on, 'cause I want to start also right behind these people. If they get started at the end of the year, I should be able to start in six months, so please approve it quickly. I thank you very much. Chair Gort: Thank you. Next. Mr. Hannon: The last speaker I have signed up for item PZ.2 is Hopi Morton. Hopi Morton: Hello. Good afternoon. My name is Hopi Noelle Morton. I recently located to Miami from New York City, and I came here to work with social entrepreneurs and nonprofits. I had the privilege to manage an event called Over the Edge Miami that was a extreme sports repelling event at the J.W. Marriott Marquis. Commissioner participated in that event and repelled off the 19th floor of the J. W Commissioner Suarez: Showing off again; showing off, showing off Ms. Morton: I'm really coming to you from a community perspective. I agree with the gentleman that it is very important that this involves the entire community and serves it. The J.W. really supported this event when nobody else would. They took a chance. They had a vision, and they saw the vision not only for Miami for downtown, but they saw the vision for the entire community. This event sponsors and people repels fund -- the fundraising goes towards Liberty City and families and children in Liberty City. So I believe that they have a vision and they see the greater vision here. I also live in the Arts District and enjoy Art Basel, and I know that this will also have a impact there. I lived in Brooklyn most of my life, and I saw the impact of hotels and conference centers revitalizing my community, and so I support this, and I thank you for your time. Chair Gort: Thank you. Anyone else? Hello? Commissioner Sarnoff Close the public hearing. Chair Gort: Is anyone else? Seeing none, hearing none, we close the public hearing. Do you have -- I don't think you have any rebuttal, do you? Mr. Recio: Actually just one clarification just for the record, because I -- there -- I just want to make sure that we're all clear. This will be privately financed through construction financing. The TIF commitments are incredibly important in order to secure that financing, so I just wanted to make sure that that was clear for the record so that there are no questions about it. Commissioner Suarez: I had a feeling that clarification was coming. Chair Gort: Thank you. I'm glad you did that. Okay, comments. Commissioner Sarnoff So move. Commissioner Suarez: Second. City of Miami Page 66 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Suarez. Any further discussion? Mr. Garcia: IfI may -- Commissioner Sarnoff You know, Mr. Chair, candidly, anybody that ever went to my office, from day one, there's a picture of a convention center in there. It's the first time I've ever seen Miami Beach not try to kill something, so it's actually a bigger red letter (UNINTELLIGIBLE) than we're all making of it, but I think you've seen the very, very transformation of the City of Miami right before you. In 15 years when Suarez goes on to be President and his Vice President is Hardemon -- Commissioner Suarez: You mean Suarez, Jr. Commissioner Sarnoff No, probably you. Commissioner Suarez: Little Suarez. Commissioner Sarnoff Probably you. -- he'll remember this day and think to himself he had a lot to do with the Miami World Expo Center, so I think it's a red letter day. I think anything I say more than that just detracts from what it is. Commissioner Suarez: You know -- Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I want to say that when Brickell City Centre was purchased by Swire, the property that it sits on, I remember walking to the property itself and counting the number of buildings, and understanding, and I remember thinking to myself after I got to the fifth or sixth -- I think I got to like 12 or 13 or 14 that were within visible sight and walking distance from that parcel, I kept thinking to myself "Why hasn't anyone ever done this before?" as I was counting the buildings. And it's kind of the same situation. You know, you wonder why the City or no one has -- and it's a massive project. I mean, we're talking about a multi -hundred- million -dollar project. Those things don't happen overnight, they don't happen every day. Nevertheless, it's going to be a major convention center, and it's -- that's one of the major needs. And while there's a part of me that agrees or can understand what Brad is talking about when he talks about areas that seem to be confined within themselves, and I get what he's saying. I think he'll be pleasantly surprised for two reasons: One, you're starting to see the design of these have a lot of -- and there was a lot of discussion on Miami Worldcenter about paseos and open areas, because you want to take advantage of the fact that this is a city that has a great climate, that has great weather, and you start to see also the connectivity, because he's -- you have a good point in the sense that things right now seem to be a little bit scattered, and they are. But once you start connecting Midtown to the Design District to downtown to Brickell and all that connectivity starts to actually happen, then what before seemed like a very piecemeal hodgepodge kind of confined type of building and planning I think opens up tremendously, and it calls for people to interact with that. And I think that's why this Commission has urged me to go before the MPO (Metropolitan Planning Organization) and try to see if we can get the streetcar accomplished so that we have that connectivity and people can interact with all of these different commercial centers in a way that really takes advantage of the full beauty of the City of Miami. Chair Gort: Thank you. You're recognized, sir. Vice Chair Hardemon: What I think we have to keep in mind is that Miami is a young city. This is not an old city. It hasn't been around for a very long time. And what I enjoy is having the opportunity to have Miami compete against some of the oldest cities in America and City of Miami Page 67 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 internationally. And one of the advantages that we have in that is that we can place in our communities state-of-the-art facilities that other places just don't have the capacity to do, and that includes things like the port tunnel. I mean, these things are exciting for our community. So I'm excited that we have an opportunity to introduce this type of facility to our community, and the buck doesn't stop there. Of course, there are many different negotiations that have to go on to move things forward in a way that's most beneficial for everyone that's going to enjoy the facility and live around the facility. And this, though, is symbolic. I mean, this is symbolic of how we now will compete against the convention centers of -- all over the nation, because now, with us having this in the future in South Florida, even more than one, we'll have an opportunity to pull some of that tourism to the City of Miami for things other than sun, fun, beaches, but then they get to enjoy that, as well, because I'm sure they'll make the decision to be here because of it. Chair Gort: You know, convention tourism is one of the most important. We have a lot of people to come here, like you stated before, to see the beach, the nightclubs and so on and the life that we have in Miami, but when you bring conventions here, you're bringing businesspeople that will come, and then they will want to come back with their family. Now, the -- talking about the -- what do we do as a City Commission to make sure we connect all our neighborhoods? If you recall, we were talking about the trolley, the trains, about -- originally, it was going to be just in Biscayne Boulevard and the Health Center. Well, today, the trolley system that we established, it connects Allapattah, Overtown, downtown Miami, Little Havana, all the way to Coral Gables. So we do take care of them and we make sure we bring our communities together; we're really working towards that. Thank you. Any further discussion? Being none, all in -- Mr. Garcia: Commissioners, please, ifI may? I apologize, Mr. Chairman, but briefly, to clam the record, the item is amended as it was revised to reflect the outcome of the Planning, Zoning & Appeals Board. I just wanted to put that in the record. Chair Gort: Correction. The maker of the -- Commissioner Suarez: Yes. Chair Gort: As amended. Okay. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Recio: Thank you very much. PZ.3 RESOLUTION 14-00421 ha A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE MIAMI HISTORIC PRESERVATION AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS WITH CONDITIONS FOR THE NEW CONSTRUCTION OF A MIXED -USE BUILDING AT 4510 NORTHEAST 2ND AVENUE AND 191 NORTHEAST 45TH STREET, MIAMI, FLORIDA, WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT. City of Miami Page 68 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 14-00421ha 10-09 Fact Sheet.pdf 14-00421 ha Appeal Letter.pdf 14-00421ha HEPB Reso, Staff Analysis & Maps.pdf 14-00421 ha 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 ST Area Photo.pdf 14-00421 ha -Submittal -Ben Fernandez -Letter of InsuffientAppeal for 191 NE 45 St + 4510 NE 2 A\ 14-00421 ha -Submittal -Ben Fernandez -Letters of Support from Neighbors.pdf 14-00421 ha -Submittal -Ben Fernandez-Transcrips of HEPB-May 6, 2014-Item No. 14-00420.pdf 14-00421 ha -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 14-00421 ha -Submittal -Wendy Stephan -Current Code Section 23.pdf 14-00421 ha -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 14-00421 ha -Submittal -Wendy Stephan -Transcripts of HEPB-May 6, 2014-Item No. 14-00421.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo R-1 4-0407 Chair Gort: PZ 3. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.3 is before you as a resolution for consideration of an appeal of a certificate of appropriateness issued by the Historic and Environ -- Chair Gort: Quiet, please. Go ahead. Mr. Garcia: Thank you, sir. So this is before you again as a resolution to consider an appeal of a certificate of appropriateness that was issued by the Historic & Environmental Preservation Board at their meeting of June 3, 2014. So the HEP (Historic & Environmental Preservation) Board approved the certificate of appropriateness. This is -- the site is on 2nd Avenue, Northeast 2nd Avenue and Northeast 45th Street. The address is 4510 Northeast 2nd Avenue and 191 Northeast 45th Street. And what is the subject of the certificate of appropriateness is new development of a three-story mixed -use building. I believe that you have the details of the plans in your backup materials. The other thing that I will state -- and again, I'll yield to the appellants to state their case and make myself available to answer any questions. The other thing I will state is that the final product approved by the Historic & Environmental Preservation Board was a result of a very thorough review and analysis by the Planning & Zoning Department and the Preservation Office. And also, there were a number of different iterations that were put in place and it was the second significant revision proposed by the architects that, in the end, was able to obtain consensus from the Historic & Environmental Preservation Board. That said, I'll allow the appellants, of course, to state their case and their concerns. Our recommendation is that you deny the appeal and uphold the Historic & Environmental Preservation Board's certificate of appropriateness. Thank you. Chair Gort: Okay, thank you. Yes, sir, you're recognized. Ben Fernandez: Mr. Chair, I am not the appellant. The appellant is the neighborhood. City of Miami Page 69 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Luis Guttierez: My name is Luis Guttierez. I live at 151 Northeast 46th Street. I'm, together with the Board of the Historic Neighborhood Association, are appealing this decision, and my coworker here, Wendy Stephan, will explain why we're -- have been doing such appeal. Wendy Stephan: Good afternoon. My name is Wendy Stephan. I live at 101 Northeast 43rd Street. I've lived 19 years in Buena Vista East now; I raised two children there. I'm a current board member of the Buena Vista East Historic Neighborhood Association, and I am here representing the board today. I'd like to thank our neighbors, first of all, because we had to raise -- and I think this is important for the Commission to understand -- $3, 300 to be here today. That is a really steep barrier, so when you -- you know, I know you like to hear from communities about procedural and issues. Thirty-three hundred dollars amounts to more than $10 per household in our little neighborhood. Commissioner Suarez: That was an appellate fee? Ms. Stephan: It was -- $550 is the fee, but then we had to pay to notice all the residents within 500 feet, which turned into $3,300. So I think that's a really high barrier. So we were able to raise the money, and I wanted to thank our neighbors for pitching in on that issue. So at this point, I'd like to enter a number of documents into the record. This includes the transcripts of the two hearings that were relevant for today's discussion and two versions of the City's Chapter 23 Code. That's great; well go ahead and enter it. No, that just goes to the City Clerk. Thanks. I'd also like to provide you at this point with a very small packet, and this was basically the information that was provided to the Historic Preservation Board at the hearing, so you have a copy of what they saw, in addition to a map of the Buena Vista East Historic District, the site and some of the other relevant issues. Commissioner Suarez: Thank you. Ms. Stephan: So we have a very detailed presentation today, and I'd ask you to give us the opportunity to layout our arguments very clearly and concisely. We're going to move rapidly through them, but there's a lot of material here. So I'm here today with other residents of Buena Vista, not only because this proposal is contextually inappropriate for our small historic neighborhood, but also because based on publicly available documents and the testimony of City staff and HEP Board members, we found that the entire certificate of appropriateness process in this case was conducted without basis in the City's Historic Preservation Ordinance, Chapter 23. Our emphasis in this appeal is overwhelmingly procedural. In the most simple terms, we're asking the City to follow its own rules. In our appeal, we'll begin by addressing the certificate of appropriateness for demolition and new construction. These two approvals are interlocked; without one, the other cannot stand. So there are two buildings on the site right now, so we have to consider the two applications together. That's HEB -- PB R 2014-022 was the demolition and HEBP [sic] R 2014-025 was the new construction, just to be clear. In the consideration of the demolition request, Historic Preservation Officer Meagan Schmidt stated in page 1 of her staff report: The standards for the board's decision to demolish included consideration of proposed plans for reuse of the property, and I quote, "The appropriateness of said plans to the character of the historic site or district," unquote. However, at the beginning of the hearing, Assistant City Attorney Amanda Quirke had Ms. Schmidt stop and state on the record that the criteria she cited had been, and I quote from the transcript, "inadvertently removed from Chapter 23." Ms. Quirke, however, allowed the hearing to continue, utilizing the missing standards. This caused the board great confusion. So Board Member Gary Hecht said: "Staff says where there are architectural plans presented, we have to look at that in order to decide whether to demolish." And later said: "There seems to be an argument about what Chapter 23 really says and I'd like to know what it says." Barnaby Min (Deputy City Attorney): Mr. Chair, ifI may interrupt. I believe the individual is City of Miami Page 70 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 talking about the demolition, which, unfortunately, has not been appealed and it is not before this Board's consideration. Chair Gort: Okay. Mr. Min: The COA (certificate of appropriateness) that has been appealed and is before this Commission's consideration deals with the construction, the new construction that is being proposed. Ms. Stephan: IfI may address that? Chair Gort: Go ahead. Ms. Stephan: The certificate of appropriateness for new construction triggered the certificate of appropriateness for demolition, so the certificate of appropriateness for demolition was explicitly conditional on the approval of new construction, so these two are interlocked, and they were heard together in the hearings, and we need to address them together, because to address them separately is meaningless so -- Chair Gort: Go right ahead. Ms. Stephan: Thank you. Mr. Fernandez: Mr. Chair. Chair Gort: Yes, sir. Mr. Fernandez: I could object for the record as to that. I would agree with your City Attorney. And as long as we're talking about matters of jurisdiction, I would like to restate for the record my objection that was presented at the prior meeting where this was deferred that this matter is not properly before you; jurisdiction has not been invoked pursuant to Chapter 23; the appeal that was submitted by the applicant was not submitted with grounds for the appeal and, therefore, there was no proper appeal filed within the requisite time frame. I submit that for the record on letter. Chair Gort: Thank you. Mr. Fernandez: Thank you. Chair Gort: Yes. Go ahead. Ms. Stephan: Thank you. So at this point, after Gary Hecht made this point, Ms. Quirke again stated -- and quoting -- "The current Code does not contain those specific criteria. Those criteria were included in a previous version of the Code." Again quoting Ms. Quirke, My understanding is that they're going to be worked back in, but they're not there as of today." Again, Ms. Quirke allowed the hearing to continue utilizing the same old standards, not referencing any current standards or correct standards. So Board Member Timothy Barber, our appointee from District 5 -- who's quite good, by the way -- said "We need to have more clarity about the criteria." He asked about the criteria for demolition of contributing versus noncontributing structures and said -- and I quote -- "Does the 50-year apply here?" The board was struggling to understand what they were supposed to be considering the demolition permit based on, and they got no answers. So on May 6, after over an hour of standard free debate, the certificate of appropriateness for demolition was approved, explicitly conditional; condition number one, on the approval of a certificate of appropriateness for a new construction with no reference in the motion to Chapter 23 or any legal standard, whatsoever. So after the hearing, City of Miami Page 71 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 we did some research on MuniCode to try to understand what happened there. What we found is that Chapter 23, as it stands right now, your Code, contains no provision for demolition of existing structures in a historic district. No provision for it, whatsoever. This entire section that had that title, "Demolition of Existing Structures," formerly 23-5(c)(2), was removed from the Code, apparently, sometime in 2010, from what we can see. This is a huge problem for this application. Chapter 23-6.2(a) states, "All certificate of appropriateness shall be subject to the applicable criteria in this section and any other applicable criteria specified in this chapter as amended, " as amended. Chapter 23-6.2(b), it further states, "The decision of the board shall be based upon the guidelines set forth in subsection C 'as well as the general purpose and intent of the chapter. There are no specific guidelines for demolition of existing structures, so we must rely on the intent. That's all we have left, right? The intent is 23-1(a), to preserve and protect the heritage of the City through the identification, evaluation, rehabilitation, adoptive use, restoration, and public awareness of Miami's historic, architectural, and archeological resources. Section 23.1 -- or -1, in its entirety, makes no mention of demolition, whatsoever. On the contrary, it uses eight different terms that all mean "preservation." Now, if the Commission were to determine that the absence -- or interpret the absence of guidelines to mean there was no restriction on demolition in historic districts, there would be no mechanism for determining or distinguishing between contributing structures, noncontributing structures, or even possibly individually designated structures. Your Code has a hole in it that a semi -tractor trailer could walk -- drive through. This was clearly inadvertent, as the Assistant City Attorney mentioned. Taking the position that there are -- the absence of guidelines is permissive would open the door to demolition on demand in the City's historic districts, an utter violation of the intent and purpose of the City's historic preservation ordinance. The issue of when and under what conditions demolition can occur is highly relevant for all historic districts. Historic structures are a finite resource; once they're gone, they're gone, right? And Buena Vista East is one of the most intact historic districts we have and one of the largest. Our board recently met with two different developers regarding their interest in demolishing historic structures : 4218 Northeast 2ndAvenue -- this is -- this actually is pictured in your packet on page 3, image 6125. This is one of the ones up for demolition -- and a residential structure, 170 Northeast 48th. Both of these are at opposite ends of the same corridor that we're discussing. We have a concern about domino demolitions. We've identified two completed demolitions in historic districts that occurred since 2010; one at 5975 Northeast 5th Avenue in historic Palm Grove and 660 Northeast 68th Street in historic Bayside. We wonder on what legal basis these demolitions were approved. We believe that the City's failure to comply with the actual historic preservation ordinance is fueling speculative practices by investors, particularly by implying there are distinctions between properties that are contributing versus noncontributing or well -kept versus derelict. These distinguishing aspects are not in our Code. The entire certificate of appropriateness process flows from Chapter 23. We believe the issue of the missing language is fatal to this application and believe the City should effectively bar demolitions in historic districts until such time as the Code is amended to include the relevant guidelines. We've raised this issue both with Mayor Regalado and with Assistant City Manager Alice Bravo just yesterday. So that first is the basis, so I can now move on to our opposition to the new construction piece. Again, this is process, entirely process -related questions. At the beginning of the June 3 hearing, Mr. Fernandez stated that the proposed project was consistent with the Miami 21 T4 transect -- and I quote -- "in terms of size, scale, lot coverage, FLR (floor area ratio)," et cetera. The plans note that the proposed project is not in compliance with Miami 21. It requires two waivers relating both to the size of the building; one to allow 70 percent lot coverage instead of 60 percent and one to build over the entire 10 foot front setback. Both of these together make a much, much larger building. If they were not to receive the setback waiver, it would, according to Mr. Fernandez' testimony, quote, "reduce the scale of the building." Miami 21 Code 5.41 state -- B'Atates, "Lot coverage by any building shall not exceed that shown in illustration 5.4," which is the 60 percent. Section 7.1.2.5 states, "The inability to achieve maximum floor plate for the transect shall not be considered grounds for the granting of a waiver." This waiver, this 10 percent reduction waiver, cannot be combined with any other specific waiver of the same standard, so all these waivers, these noncompliance issues are going City of Miami Page 72 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 toward making a building much larger. This applicant is seeking two waivers to go 10 percent over the maximum lot coverage. Architect Annette Richter reviewed the plans also and found the following additional deviations from Miami 21 all relating, again, to the building size: The proposed plans do not provide the required 10 percent green space required in Miami 21; green space is defined as an open space -- outdoors, at grade, unroofed, landscaped, and my emphasis, free of impervious surfaces; all but 750 square feet of this lot, which is 95.5 percent, is filled with concrete parking garage. The remaining 4.5 percent contains a wall and, according to the plans provided, a raised planter. There is not a square foot that is not filled with concrete on this lot. That is not in compliance of Miami 21. Ms. Richter confirmed with the Zoning administrator yesterday that a parking garage is indeed impervious and cannot take up more than 90 percent of a lot. To add even further to the square footage, the plans actually feature an overhang of approximately two feet into the right-of-way over the sidewalk at the principal frontage. This can be seen both on the rendering and in the north elevation of the plans. Miami 21 doesn't allow buildings to reach out over the right-of-way. This building is so large, it actually overflows its lots. So how do the plans for out of compliance with Miami 21 come to the HEP Board? According to the testimony of Mr. Derrick Cook of the Planning & Zoning Department, the plans presented to the HEP Board had not been fully reviewed by his department and should have been. He stated the board shouldn't have to worry about Miami 21 compliance issues and summarized with -- and I quote -- "It's the cart before the horse in this procedure." Mr. Cook noted another recent case in which a design approved by the HEP Board did not comply with Miami 21, but since the HEP Board is, in his words, "a higher authoritative body than the Planning Department," they were, in essence, stuck with a noncompliant proposal. Again, Assistant City Attorney Amanda Quirke acknowledged the problem, saying, "There's been a recent effort to coordinate much better between historic preservation and planning and zoning to avoid the conflicts where something that may have been approved by the board is not in compliance with zoning requirements." Coordination clearly did not happen in this case. The result of these process shortcomings was that this application received less scrutiny than the average building permit application rather than more, which is the intent of historic preservation ordinance. The whole process is that it's supposed to add a layer, not provide a shortcut straight to the board that gets stamped and then who knows whether they're in compliance or not? We think this is yet another reason this approval should be reversed. We have specific objections too about the historic context of the building. Chapter 23 is fairly clear on this, indicating that the proposed work shall not adversely affect the historic architectural or aesthetic character of the subject structure -- In this case, they're knocking it down -- or the relationship in congruity, which means having the same size and shape between the subject structure and its neighboring structures and surroundings including, but not limited to, form, spacing, height, yards, materials, color, rhythm, and pattern, window openings and building facades, nor shall the proposed work adversely affect the special character or special historic architectural or aesthetic interest or value of the overall site or district. We can demonstrate the proposed building lacks congruity with the other neighborhood structures and will have a negative impact on the special character of Buena Vista East. The first page of your packet features a map of the district. Take a look at that. The circled site is the subject property. The pink and yellow areas are the two relevant streets for contextual reference. If you look at pages 2 and 3, you'll note the proposed structure resembles neither the homes along 45th Street, nor the existing mixed -use properties along Northeast 2ndAvenue. None of the architectural styles described on page 17 of the City's 1987 Buena Vista East Historic Designation Report are referenced in the proposed design. On page 2 you see the existing homes of 45th Street, typified by Mediterranean revival, arched openings, bracketed cornices and eaves, decorative tiles, columns, balconies, wrought iron. On page 3 you see the existing buildings of Northeast 2ndAvenue. These, we think, are the most relevant for this property, and they're typified by Art Deco. So you can see here cool pastel colors and, again, in the designation report, described as smooth faced walls, banded windows, eyebrows, racing stripes, stylized decorations based on nautical or tropical symbols. I'd like to note, too, in your packet that two of the buildings pictured, number 6107 and 6108, are a recent construction to which there was no neighborhood opposition, whatsoever. You can see they blend in well with the rest of the corridor. Ms. Schmitt raised significant concerns about aspects of the proposal City of Miami Page 73 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 that were never resolved. She noted the appropriate scale and use of compatible or nonintrusive materials in the existing buildings, and then with demolition, she raised the concern it's the loss of appropriate scale and context that would be felt given what is being proposed to replace the structures. Ms. Schmitt recommended the plans be revised to be, quote, "more in line with the form, massing and materials." Chair Gort: I'll give you a chance to rebuttal later on; write down and you can do it. Mr. Fernandez: Mr. Chair, it's just misstatements. Chair Gort: Okay. Mr. Fernandez: That's the first -- Chair Gort: Excuse me; I'm not going to have debate -- Mr. Fernandez: Sure. Chair Gort: -- going back and forth. You get all the same time you need to go ahead and rebuttal -- Ms. Stephan: And I do - Chair Gort: -- please. Ms. Stephan: -- have the page numbers, if you want to hear them -- I don't think you do -- page numbers and line numbers from the report. The revisions made did not substantially address the scale, form or massing of the building, specifically -- and this is critical -- the approved building will have lot coverage of more than double the existing structures and four and a half times the current square footage on the property. This is seen in page A-03.00-03 in their plans. No other building in Buena Vista East even remotely approaches 28,000 square feet in size. The proposed 36-foot height is 44 percent taller than the nearest two-story building. The revised plans did not reflect any change in massing or footprint. The applicant has stated to neighbors that their garage with help with the neighborhood parking problem but will actually offer no extra capacity. This overly large building requires the provision of 45 parking spaces. The garage entrance is currently planned for Northeast 45th Street, a typically narrow historic right-of-way that my colleague will address later. As you see in the photos, 45th Street is a beautiful and one of the most historically intact streets in our neighborhood with a high concentration of contributing structures. Traffic calming plan -- City Traffic Calming Plan B-30891 calls for 45th Street to actually become a one-way running east, which means all approaching traffic could potentially be driven through the neighborhood to get to the building. This stretch of Northeast 2ndAvenue has been plagued by traffic woes, including a pedestrian fatality in 2013, and just this week on October 4, a multi -car injury accident sent 10 people to the hospital one block from the site. Until the promised city street improvements are completed, we are very concerned about adding additional capacity to this corner. A local traffic study would be very helpful in determining how much capacity we can handle, particularly in regard to parking. We just don't know what the area can handle, and we're concerned about that. We also think that the elimination of the front setback in a building likely to become a restaurant with cafe seating has a safety -- you know, it's a safety concern after this week's issue. Bottom line, if this building were congruent with other neighborhood structures, we would be less worried about the parking garage and the traffic. We just think the building is too large. The HEP Board deliberations on this item also did not identifir any positive contextual design features at all. Ms. Lewis noted it didn't comply with Miami 21; that they need both waivers in order to build the building. Mr. Myers then repeatedly said, "There's too much glass, there's too much glass. It's too modern." He summarized by saying, "It is a very contemporary building in a historic neighborhood, and City of Miami Page 74 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 I'd like it to have some reference to those historic pieces of architecture and historic detailing," and it doesn't have that. The June 3 HEP Board motion to approve the new construction and, by extension, the demolition made no mention of Chapter 23 and instead stated that the decision was, ironically, in accordance with the Secretary of the Interior Standards. After some digging, we found that these standards actually refer to the rehabilitation of historic buildings, not demolition or new construction. So again, here's the motion of the board that has to be governed by Chapter 23 is governed by something unrelated. So in conclusion, the decision of the board shall be based on the guidelines set forth in Subsection C, that's Chapter 23-6.2, as well as the general purpose and intent of the chapter. It further states the decision of the board shall include a complete description of its findings. No such report was created, because there is no provision in Chapter 23 for demolition of existing structures. We ask that you vote today to reverse the HEP Board approvals based on the substantial competent evidence submitted into the record regarding the legitimate concerns of residents of Buena Vista East. Thank you. Chair Gort: Thank you, ma'am. Excuse me. Mr. Fernandez: Good afternoon, Mr. Chair, members of the Commission. Once again, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner, SLH Investments. With me is Mr. Harry Benita and Kobi Karp, our project architect. In response to some of the things that Ms. Stephan has said, I just want to make it clear that the Code is the Code, and some of the things that Ms. Stephan has been talking about are standards that maybe perhaps she wishes were in the Code, that the neighborhood believes might be appropriate for a certificate of appropriateness, but the fact is that those standards are not in the Code, as has been confirmed by your City Attorney. More importantly, even if we would allow Ms. Stephan to create her own standards for certificate of appropriateness for the demolition of a structure, it would be irrelevant in this case, entirely irrelevant, because this property is a noncontributing property. It's in a historic district, but it doesn't contribute to the character in any way of the historic district, and this is what your City of Miami Code Section 23-2 says about a noncontributing resource. It is defined as a resource that does not add to the historic architectural qualities, historic associations, or archeological values for which a district is significant. It no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period. This property has absolutely zero historic significance. The fact that it needs a certificate of appropriateness is really almost redundant. We need a certificate of appropriateness in order to build something new in this district. We recognize that. We went through that process before the board, and the board determined that our proposed project was compatible with the district for a variety of reasons, most importantly of which is the fact that the project is consistent with the existing zoning T4; it only allows three stories, 40 feet of height. Our original proposal was 40 feet in height, but we went to the board and the neighborhood was there and complained. They thought that that was excessive, even though the property immediately abuts a multi family development that is two stories in height, and I'm going to give you a picture of that. You can see what this immediately abuts; in the rear is a two-story building. Furthermore, the other projects on Miami Avenue, you can see from this photograph of the building to the north, are relatively compatible. This building is sort of an older two-story version of what this is here, which is a modern three-story version. What's even more important is that this project is providing all of its parking underground. That is exactly what Miami 21 would like us to do with every project, is hide the parking so that you have an active storefront on Miami Avenue, you have pedestrian activity along all streets, you have an increased use of glazing, and you create a real pedestrian environment, which is, by the way, characteristic of the Buena Vista neighborhood. It is a very lively street replete with restaurants and small shops, and we want to further enhance that character. We want to ensure that the pedestrian activity is not going to be interrupted. So if we were to build a parking structure here, it would interfere with all of that. What we've done is, at great expense for a small project, make all of the parking underground, and I think that's a huge consideration and one that the HEP Board recognized was very important, and one of the reasons that they voted in favor of this project. Again, the criticisms that you've heard expressed City of Miami Page 75 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 by Ms. Stephan are criticisms of your Code. They're not the Code that's in place today, and they're not relevant to this project, because this is a noncontributing resource. The project is consistent with all of the T4 transect regulations. In fact, we reduced the height from 40 feet to 36 feet. As a result of negotiations with the neighborhood, the project was reduced in terms of scale, which was the only real criticism that the Historic Preservation Officer had to the initial plan. The waivers that Ms. Stephan discussed that were to vary certain aspects of the development are entirely consistent with Miami 21. To say that just because you're asking for a waiver of a standard makes your project inconsistent is a false reading of Miami 21. Miami 21 specifically allows projects to vary certain standards by no more than 10 percent. They are de minimis deviations by definition. Our deviations are minor, and when you compound them with the fact that we've reduced the height of the building, the deviations are insignificant, because we may be increasing the lot coverage by 6 percent through the waiver, but we're reducing the overall height along the whole building by four feet, which is much more significant to the area. The building could be 36,528 square feet larger than what it is today, as a result of our reduction in height by four feet, so I think that that's a very significant reduction in terms of volume. We do provide green space in active areas, and we're able to do that because all of the parking is underground. This is something that many of our corridors could really benefit from: Coral Way, Southwest 8th Street. Imagine if all of your districts, Commissioners had small projects with underground parking. I'm sure that all the neighborhoods would welcome that sort of situation. The problem that this neighborhood has -- you heard about the recent accident. The problem that it has is that all the buildings that are on that street are nonconforming. They don't have parking. So what happens is that everybody's parking on the neighborhood streets. People can't find parking. It causes cars to go around and through the neighborhood. It's because this neighborhood has not experienced any redevelopment in over 40 or 50 years. This is the first new project north of the Design District in 40 or 50 years that we're aware of a significant one. So this is parking that is going to provide a resource for the neighborhood. It's going to provide parking not just for this project, but also for other projects in the area. We had -- I would also like to submit the transcripts from the lower board hearings for the record. We had Ms. Ellen Uguccioni, who was the former Preservation Officer for the City of Miami, testify on behalf of our project, and she indicated that there had been no change to this project since 19 -- to the -- I'm sorry -- to the buildings on this property since 1987 when the historic district was created, the Buena Vista Historic District was created, so therefore, there's no reason to consider these buildings to be anything more than noncontributing buildings. So that is confirmed by your former Historic Preservation Officer on the record. She also confirmed that the proposed project would be entirely consistent with the character of the neighborhood. As a result of the changes that were made, the HEP Board reviewed the project initially on May 6, and then it was deferred to June 3, where it was finally approved. As a result of the changes, the height of the building was reduced, as I mentioned; the trellises were reconfigured and were considerably set back so as to reduce the perceived scale of the structure. In addition, the residential and commercial uses were better articulated by enclosing the terraces with a patterned aluminum screen that was created based on a screen that was on the property originally, so our architect commissioned an artist from his office to replicate the design of the screen that was incorporated into one of the buildings that is being demolished now. In addition, let me point out to you that these are only 12 units. It's a very small residential component that is involved. So, really, what you're talking about is recreating the scale of the retail that's already existing on this street and adding 12 residential units above it, very nice residential units, I might add, a combination of three- and two -bedroom units. These aren't all small apartments. These are luxury units, really. The overall effect of the changes that were made reduced the scale of the building, created a greater sense of privacy that is more common with older mixed -use properties as compared with more modern types of architectures. The finishes were also revised to create a stone bulkhead and the color schemes were changed to provide earth tones instead of the originally contemplated -- more modern types of tones and materials. As a result, the Historic Preservation Officer, as well as the Historic Preservation Board, supported the project. The project was approved with strict conditions; that the applicants secure the existing structures, which they have done. We believe that this project is entirely consistent with your Comprehensive Plan, with your T4 zoning City of Miami Page 76 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 regulations, and that it was properly approved via certificate of appropriateness. The demolition certificate of appropriateness is not before you. I agree with your counsel, Mr. Min. Those matters were not appealed, and the only issue before you should be whether or not this proposed project is compatible with the historic district. You haven't heard any expert testimony here from anyone from their side as to whether or not the project is compatible with the historic district. What you have instead is the transcripts from the lower board hearing that confirm that the historic district does not really speak to commercial design. It is more of a residential single-family historic district, and that this is a noncontributing property within that district. And for all those reasons, we would ask that you uphold your staff recommendation and deny this appeal. Thank you. Chair Gort: Thank you. My understanding, Mr. Clerk, you have nine individuals that like to speak. Todd B. Hannon (City Clerk): Yes, sir. The first speaker for item PZ.3, Farah Cadet. Chair Gort: Mr. Fernandez, will you put down the --? Mr. Fernandez: Yes, sir. Chair Gort: Thank you. Get them closer together. Farah Cadet: Good afternoon, Commissioners and Chairman. My name is Farah Cadet, and I am a resident owner at 180 Northeast 45 Street, directly across from where they are planning this proposed building. I first want to say thank you to the Council for everything you do to protect our City here, the community of its residents. And I'm also thankful to be heard on this occasion. So I, too, am in favor of repealing the Historic Environmental Preservation Board's decision. I believe that the proposed building would be out of scale and character with the Buena Vista Historic District, as you can see from the images, and others have mentioned before. And while underground parking is very effective, I do think it would be inappropriate to have this entrance and exit directly across from a residence. Let me point it out to you. Chair Gort: You need the mike, ma'am. You need the mike. Where's the mike? Ms. Cadet: So this is the house that is directly across the street from the entrance and exit underground that they're proposing, so I think that that would be inappropriate. This here is my property, and this house actually is my sister's property. So we are concerned about the traffic, the tenants, the lights coming in and out at different hours, for a parking space that accommodates 45 spaces. Additionally, we have pedestrian safety, as was mentioned before, so I won't go into that too much. And we also do have, as was mentioned this traffic pattern where we have residential parking on one side, and when you are coming down the street, you really do have to be courteous and allow the other drivers to go. So a pattern of 45 parking coming in and out through here would, I think, affect the street very much so. In addition, when you are exiting off of 95 here, you have the opportunity to come down 40th Street, which has lights, and continue on to Northeast 2ndAve. If the entrance were relocated to Northeast 2ndAve., this would be the normal route. If the entrance remains on 45 Street, a residential street, people will come down -- trucks and all sorts of things -- the pedestrian block, which looks like this and often has children playing, bus stops, and that sort of thing. So I don't think it's appropriate on the residential street to have the entrance. And I think everyone's covered about everything, so I won't repeat anything. But I -- Chair Gort: Thank you, ma'am. Ms. Cadet: -- think that it's not appropriate in the size and scale, but I think with some changes, if you do vote to approve, at least with conditions that continue to keep our neighborhood safe. City of Miami Page 77 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Thank you. Ms. Cadet: Thank you. Chair Gort: Next. Mr. Hannon: Schiller Jerome. Schiller Jerome: Good afternoon, Commissioners. Schiller Jerome, 24 Northeast 47 Street. I'm also the president of the Buena Vista East Neighborhood Association. I'm not going to stay too along. I just want to thank Wendy and thank Lewis for taking this on my behalf. I think it's very important when people step up and decide to dedicate time and effort to they [sic] community. I just wanted to point out one important thing. Currently right now speaking in our community, this is the corner of 46th Street. This is the most -- this is 46th Street. This is the most traffic corner we have, because currently you have two or three restaurants here and two or three restaurants here. I want to let you know that both of these buildings together are 16,000 square foot combined. The new building is 28,000 square foot. We're talking about buildings on each side of the street, which is 8,000 square foot, but then we're going to put on one side of the street 28,000 square foot. That is totally out of context. And I want to address also the concern of the parking. Forty-five -- the number 45 keep coming up. Please know that when you have 12 units, which is average 1,200 to 1,500 square feet, you're going to need about two parking spaces per unit, so 24 to 45 parking spaces is already taken up. The idea that 45 parking spaces are available for the whole community is totally out of context. And please note that they have 9,000 square foot of commercial space on the bottom. If you ever been to a Starbucks, a 1,000 square foot Starbuck is going to have 25 cars at any time. So the idea that there's enough parking spaces, 25 parking spaces is enough for 9,000 square feet is totally out of compliance. So I just want you to think about that. This is a residential community. Certain parts of City of Miami must stay intact. I do believe in development. I am a developer myself. I buy properties. I sell properties. But we have to keep it in balance. Last week, I watched this Commission make two decisions. You decided to save a community from preschools because it was not warranted. But then at the same time, you decided to develop Overtown because it's warranted. And this decision is not warranted. I urge you to repeal this decision. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Floman Jovin. Floman Jovin: Good afternoon. I am a resident. My name is Floman [sic]. I'm a resident at Northeast 51st Street. I'm the owner, as well of the property. I am for the project, because in this neighborhood, there's not only the historical district; there's the people living west of North Miami Avenue and there's the people living north of the historical district. There's also the other people living east of Northeast 2nd. So I think we need to take in consideration all the neighbors, and it's not only about the historical district. In my opinion, it's about bringing more life into this community and interlocking the community, like we said before, because this neighborhood is like full of gentrification. A lot of new people are moving in. A lot of new people are renovating their house, existing in like around this neighborhood, and I think that this project is a great project for everyone around. Chair Gort: Thank you, sir. Next. Mr. Hannon: Jane Herrera. Jane Herrera: Good afternoon, Mr. Mayor and everyone. My name is Jane Herrera. I've been living in the neighborhood -- I'm sorry -- 95 Northeast 47th Street. I've been living in the City of Miami Page 78 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 neighborhood for 43 years. I've walked out many shoes doing crime watch and taking care of our neighborhood so that it could remain as a historical neighborhood. And I'm not in favor of what they're going to do on Northeast 46th. Okay? Chair Gort: Thank you. Ms. Herrera: So that's all I have to say. Thank you. Chair Gort: Thank you, ma'am. Mr. Hannon: Julie Mansfield. Julie Mansfield: Good afternoon, Commissioners. My name is Julie Mansfield. I live at 50 Northeast 50 Terrace, Miami, 33137; also a former employee of the City of Miami. And I must say that, first, I wish I had as much time as Ms. Wendy to investigate and know all the codes and all that, but I got to fight to stay alive and to fight for my share of the American dream, so I got to work. That being said, I am wholly in favor of the project 110 percent, if that is possible. I live in the City. I work in the City. We own three businesses along the corridor. We've watched it change. We've watched the growth. We've watched it become a friendly -- pedestrian friendly neighborhood. We've seen that with the Buena Vista Bistro, which, I must say, we own; Buena Vista Deli, Buena Vista Chocolate, with Lemoni Cafe, so I've seen the changes. I'm all in favor of this. And again, we don't wish to sit by and watch or have the few hijack the project for all beneficiaries of the area. We cannot afford to have a few squeaky wheels hijack the betterment, the progress, and we cannot sit by and watch other neighborhoods. We heard Commissioner Suarez and Chairman Gort talk earlier about connectivity. We can't sit by and watch other areas of the City develop and we go, "Oh, wish we had. Wish we had jumped on the bandwagon." And while this project is not out of scale, people keep talking about it's not a historic property we're talking about. These are noncontributing structures. At the end of the day, they're noncontributing structures, so we need to apply the Code as it's stated for noncontributing structures. I'm little bit emotional 'cause, yes, I'm a little bit attached to this, and I will like to urge the Commission, urge all of you guys to please have faith in the board that you appointed in the Historical Preservation Board. You appointed these guys to be your eyes and ears, so I'm going to ask you please to have faith in their decision and uphold their decision. Thank you. Mr. Hannon: Next speaker, Crentin Finot. Crentin Finot: Hi. Okay, my name is Crentin Finot. I live on 700 Northeast 25th Street. I'm not too far away from the project; on the corner of the Buena Vista Deli and the Buena Vista Chocolate, and I'm in favor of the project. I've seen the neighborhood grow, and I do believe that having more businesses around will bring a better dynamic. And Mr. Benitah is also my landlord for the Buena Vista Chocolate store. He's been a very good landlord, and he's a good individual, and I think it's important for the neighborhood not to have a big corporation, but nice individuals. So I'm in favor of the project. Mr. Hannon: Postel Claude. Postel Claude: My name is Claude Postel. I'm living on 50 Northeast 50 Terrace, Miami, 33137. And I'm is a owner of Buena Vista Bistro, corner of Buena Vista Deli and Buena Vista Chocolate and Wine. I was one of the first one to open a business on Northeast 2 nd Avenue in 2007, and I see a lot of change in the neighborhood and for the best. And I think to bring more business, you know, will bring more security, more joy, you know, and I'm very fondly for the project, and I hope, you know, we go get over and we go to do it. Thank you very much. Chair Gort: Thank you. Next. City of Miami Page 79 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Hannon: Pieter Ehrlich. Peter Ehrlich: Good afternoon, Commissioners. Peter Ehrlich. My address is 770 Northeast 69th Street. And I'm here to support the neighbors of Buena Vista, Wendy Stephan, Farah Cadet, Luis Gutierrez, and Schiller Jerome. This is a very tough issue. One of my favorite restaurants is Buena Vista Deli. And I hope that, as Commissioners, you'll be able to find a compromise here; perhaps the two parties can meet and come to a compromise so everybody can be happy. I know this is a tough issue, but I am here to support the Buena Vista neighbors. Thank you very much. Chair Gort: Thank you. Next. Mr. Hannon: Andrew Frey. Andrew Frey: Commissioners. Andrew Frey, 4001 Park Avenue, Coconut Grove. I have no connection with the project. I saw the plans and renderings for it a few days ago. I think it's a handsome building. And I wanted to just emphasize that I know you Commissioners do a lot on a daily basis to try to help the small businesses, help the small local property owners make investments in their community. And, you know, the larger point is this project may or may not meet the criteria. I think it does, but killing a small project like this, I think, sends a bad message to other small local property owners who are investing not only in this neighborhood but many other neighborhoods in the City of Miami. So I think it should just -- emphasize to be judicious and careful with politicizing the investments of our small property owners. So thank you very much. Chair Gort: Next. Martha Luz Villarraga: Thank you. My name is Martha Luz Villarraga. I'm a foreigner. I moved to Miami around two years ago. I'm coming from Los Angeles where I live 25 years. I'm a designer, and I used to work in a design industry in LA (Los Angeles), and I have been working in South America as well and as Europe, and now I move to the Design District around two years ago; one of the buildings that is the only Art Deco building that is in the area. I used to live over there. And I have -- right now I'm venturing my life as a realtor, and I have sold around five properties in the area. I have brought a lot of investors to get to know Miami more from overseas, to get to know more what we are right now and I'm completely am proud of this project. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Harry Benitah. Harry Benitah: Hello. My name is Harry Benitah. I'm the owner of those two properties on the (UNINTELLIGIBLE). My address is 6000 Island Boulevard, Aventura, 33160, and I actually have my office in the Buena Vista Historical District at 4340 Northeast 2ndAvenue, which is a block away from the project. I mention that because I've been in this neighborhood for more than eight years now. Every day -- my office is there every day. I am part of the lifestyle what's happening in the neighborhood, and maybe sometime you see some developer throwing some investment, coming from New York or different states. To me, this project has a lot of emotion, because it's part of my everyday life. And I think the one thing that happened from the beginning is the neighborhood association that is appealing against us did not understand that I was really concerned about improving this area to -- I have seen some people, like Mr. Postel, developing part of the business on Northeast 2nd and created a lifestyle we have today. And I think the neighbor appealing against us also part of the one enjoying this lifestyle and the increase of the property value and the quality of life there is in this neighborhood. I don't think there is an opposition between making a new property and keeping the historical aspect and the small City of Miami Page 80 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 neighborhood aspect we have in the Buena Vista East. I see a lot of opposition based on -- to me and my knowledge of the Code and the advice of some attorneys and architect are not really proper compared to what we are allowed to do. When we purchase property like this, we have some specification from the Code, like the T4 and all the requirement we are allowed to do. I think it's very surprising that we have now to defend ourself from just respecting the -- what we are allowed to do with the property. I hope you gentlemen will consider the fact that the only good and -- personally, I commit that with the Historical Board, is to improve the neighborhood and not to fight with the neighbors, and I hope one day I can have them and enjoy the property. Chair Gort: Thank you, sir. Next. Mr. Hannon: Nathan Kurland. And, Chair, that is the last person I have signed up to speak for item PZ.3. Chair Gort: Thank you. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Squeaky wheels. Today people who care about their community are squeaky wheels. Two weeks ago, when many of us who love this City of Miami came here to talk about the size of the Miami World project, we were called "distracters." Squeaky wheels. Distracters. Why? Because we care about our neighborhoods. Miami right now is having sex with developers; the bigger, the better. And every once in a while, we have neighbors who come here who care about their neighborhood, who care about their community, and while we make the center of Miami a gigantic world -class city, we have to remember how important our neighborhoods are. I urge -- and one more thing. I totally respect people like Ben Fernandez and the kind of quality projects that are being talked about here, but what we're talking about perhaps is just some kind of compromise to make it fit into the neighborhood and be more appropriate. Please accept their appeal. Thank you. Chair Gort: Thank you. Is that the last speaker? We will now close the public hearings. Any comments, motions. Francisco, do you have anything to add or --? Mr. Garcia: I would like to, yes. Briefly, because I know that in some other presentations, some information may have been presented to you that may appear to be confusing, so let me, very briefly, suggest the following. While I haven't found any of the citations made to be incorrect, they're all actually factual. They all, when you sort of zoom out and put them all together, do form a coherent picture, and I'd like to explain to you how that is. This particular project is in a zoning designation called T4-L, which is, in and of itself, rather difficult to work within because it requires of a developer that prior to putting in any commercial square footage, they actually have at least 75 percent, 80 percent of the project be residential. It asks the developer to accomplish that in no more than three stories and no more than 40 feet. And typically, in a smaller parcel, such as this is, to do that and to fit in parking is rather a challenge. They've actually risen up to that challenge and solved it in a very elegant way by putting it underground, which we think is certainly commendable. We certainly wish that more developers would do that. It's very onerous. That said, this project then, in addition, had to go through the following processes: They first had to go through review and obtain a permit to demolish the existing noncontributing structures within a historic district. They -- upon achieving that, they then had to go back and obtain a separate approval through a separate public hearing process for the new construction, which itself went through a number of iterations until they finally landed on one that, at least, met with the consensus of the Historic and Environmental Preservation Board. Once they obtained that -- and, of course, that is being challenged here today before you -- they actually had to take the next step, which is to bring it back to the Planning & Zoning Department for review for any new development. And as it happens, that new review does trigger some waivers, which require special review, and some of that is triggered by the fact that they need to fit the parking underground on site. So the amount of design challenge and the amount of review and scrutiny that this particular project has gone through is rather significant. What has City of Miami Page 81 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 happened, then, as they went through each one of those steps of this development and review process is that they were forced to comply with sections of the Zoning Ordinance that spoke to the specific scope of review that they were going under in each of these steps. If you take each of the steps separately -- although those regulations are very coherent -- if you take the first step, superimpose the second step and the first step and the fourth step, some of those regulations superimpose, and we then, as staff, have to reconcile them. They're a different intent. We have to reconcile those and try to the best of our ability and recommend to the boards, make sense out of them and to, in the end, arrive at a satisfactory product that not only complies with the zoning regulations, which this project does, and it also complies with the aesthetic requirements and character requirements for a historic district, which the HEP Board has found this project does, but also goes through the public hearing process as they have in numerous steps. So, again, I wanted to give you every assurance that although seemingly contradictory, the regulations that have been presented to you today are not. The one item that I wanted to address, because it may lead to confusion is the connection -- and it's been mentioned a couple of times -- between the demolition and the new construction in a historic district. It is true -- and it was actually stated on the record -- that in this particular case, the approval of the demolition was conditioned by the HEP Board by the Historic and Environmental Preservation Board, to the approval of the new construction. So what's being appealed to you -- before you here today is a new construction which is to satisfy a condition of the permit for the demolition as well, so that's the connection between the two, but that does not imply that there are no criteria for the demolition, because there are. In this particular case, this happens to be an noncontributing set of structures in a site that has not been improved in a very long time, and when nothing else is stated forward in the City Code, the default, as we always use, is best practices; and what your staff in the Planning & Zoning Department and the Preservation Office has used in order to review the demolition of the proposed structures here is the best practice of preservation, and we certainly stand by that record. With that said, I'm happy to answer any questions you may have. And once again, our recommendation is for upholding the certificate of compliance -- I'm sorry -- certificate of approval. I will say one more thing, which is this, just to be abundantly clear: The options before you today, just to enumerate them, are to uphold the certificate of approval -- to overturn the certificate of approval. That's certainly an option, but there's also an option before you today to find any additional conditions or requirements that might address some of the concerns you've heard before you today. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you. Yes. Commissioner Carollo: Thank you, Mr. Chairman. Question -- 'cause I've heard here various people request to see if they could come to some compromise. Although the HEP Board approved, it was a narrow approval. It was 3-2 with four members absent, so that was extremely narrow, so is there any room for some type of compromise? You know, and -- you know, I want to offer that, because I and, I think historically, the City Commission has always been very -- you know, have always had a very kind ear to the neighborhoods and concerns, so I'm just offering that. Is there any type of compromise that could be worked out, you know? Are you dead set? And are you guys dead set and --? Ms. Stephan: Right. I -- Commissioner Carollo: You know, 'cause I would like -- Chair Gort: Excuse me. Wait a minute. Commissioner Carollo: -- to see if there's -- City of Miami Page 82 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Fernandez: Commissioner -- Mr. Chair, if I may? Chair Gort: Go ahead. Mr. Fernandez: Commissioner Carollo, we have compromised. It wasn't the only time that it went to the HEP Board. And the building, as you heard, is more than 30,000 square feet smaller than it could be by right under the Code. They're using the historic preservation portion of your Code to essentially challenge a zoning approval. You've heard a lot of squeaky wheels today, but you haven't heard any substantial competent evidence that the certificate of appropriateness -- Chair Gort: Thank you. Mr. Fernandez: -- was not issued correctly -- Chair Gort: The question was asked and you says no. You (UNINTELLIGIBLE). Mr. Fernandez: -- based on the architectural character. Chair Gort: Yes, ma'am. Ms. Stephan: The concern we have -- and I know that Commissioner Sarnoff recalls how involved our neighborhood was on the Miami 21 process. We devoted four years to that, because we felt truly and deeply that it was an improvement over 11000. We want the rules to apply. We worked hard to get them into place. We want the green space. We want the open space. So we feel that the rules -- everything has tallow from the Code. You know, I wish it were just about the building, but it's not. It's about the process. And that is what's critical. Chair Gort: Thank you. Ma'am, you had an opportunity to explain quite a bit of it. Francisco, my understanding is there's no compromise. My understanding is, their statement is that they don't comply with Miami 21. Could you answer that? And this is -- concludes the public hearings, so please, we're not going to have debate back and forth. Thank you. Mr. Garcia: Thank you for the opportunity, Mr. Chairman. The project as presented right now is compliant with Miami 21. I want to emphasize that they are still in the process of having the plans reviewed by the Planning & Zoning Department to obtain -- I believe it's a couple of waivers that they would have to obtain, so it's still -- it is still an ongoing review process. Chair Gort: Okay. Thank you. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Francisco, tell me if I'm correct. The HEP Board, they had to look at a few different factors when they approved the COA. And I'm -- I think I -- I think it will be a complete description of his findings and show a direct (UNINTELLIGIBLE) following actions (UNINTELLIGIBLE) issuance of a special COA for the work proposed for the applicant -- issuance of a COA with specified modifications -- oh, I'm sorry -- is one of the problems. Which of the following did they issue? Was it -- and I'm looking at our Code, Section 23-6.2, Certificates of Appropriateness. Do we know which one it was that they issued? Mr. Garcia: Yes, sir. This -- what is before you today is an appeal of a certificate of appropriateness issued by the HEP Board for new construction within a historic district. City of Miami Page 83 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Vice Chair Hardemon: Now, a COA can also be issued for the destruction; is that correct? Mr. Garcia: The demolition of the existing structure, the existing noncontributing structures also required a hearing by the HEP Board and that, too, required a certificate of approval, yes, sir. Vice Chair Hardemon: So in this case, as I understand it, the demolition was approved only -- and it was tied to a condition that the construction be approved, if that makes any sense. Mr. Garcia: Yes, sir. And I'll rephrase only to clarify. The demolition was approved subject to the approval of the new development being complete prior to the demolition of the old buildings. Ostensibly, in an effort to prevent for the site to lay vacant for an extended period of time, which is typically the case, so, yes, you may demolish those structures, they are noncontributing, but before you do so, be sure you obtain the development permits for whatever new structure is going to replace it. So that's where the link exists. Vice Chair Hardemon: There was some reference to the cost that it took to appeal this matter, and I know -- you being an attorney, so -- what's your name again, ma'am? Ms. Stephan: I'm -- just to be clear, I'm not an attorney. Vice Chair Hardemon: Oh. Ms. Stephan: I just have read a lot of lot of lot of lot of -- My name is Wendy Stephan. Vice Chair Hardemon: Well, you presented that very, very well. But you made a statement -- Ms. Stephan: Yeah. Vice Chair Hardemon: -- and all of us were sworn in here, so you have to understand that the things that you say to me, I take to be true -- Ms. Stephan: Yeah. Vice Chair Hardemon: -- so I wanted to make sure that you were correct in your statement that of the thousands of dollars that it took, you paid $10 per household (UNINTELLIGIBLE)? Ms. Stephan: No, no, not 10, a few dollars per household. It was 550 for the initial application, for the appeal, and then that difference between 3,300 and 550 was the per household mailing fee -- Schiller, you can speak to that actually more. He was the one who wrote the check, so he knows more about that. Mr. Jerome: Schiller Jerome, 24 Northeast 47 Street. The total cost of the appeal was paid by the association dues. We have volunteered dues that people pay into the dues. So as a board, we vote, and we spoke to our residents, and they supported this effort. So the money that was paid for this appeal was the dues that was paid from the owners of the neighborhood association. Vice Chair Hardemon: So Buena Vista East, not the group of everyone. 'Cause you have a coalition of -- Mr. Jerome: No. We have -- go ahead. Ms. Stephan: What I said is that the $3, 300 amounts to more than $10 per household for our whole neighborhood. Vice Chair Hardemon: Okay. City of Miami Page 84 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Ms. Stephan: Not that the payments came individually from every household. I'm sorry if that was unclear. It's just that we only have 288 lots in our neighborhood, and we had to pay $3,300. I just wanted to raise that for the board. Vice Chair Hardemon: And the reason that I ask that is because I want to always make sure that the concerns of the community are representative of the community, and sometimes we struggle with that, because you may have a new homeowners association, say, could pop up or a civic organization, and they could establish themselves to fight a cause, but not necessarily be representative of the community, and I find myself in that battle. So here we are where we have a narrow decision by the HEP Board, as was stated before. It made me uncomfortable that four people were absent and even one of my appointees was absent, so I don't have the guidance that I would think for someone who may think like me or may not, but at least gave it some consideration. I can't review what he had to say about the project. Mr. Fernandez: Mr. Chair, ifI may respond? It is a valid question. I just want to point out to you that my client, Mr. Benitah, is also a member of this historic district and has paid more than the pro rata share that all of these individuals pay on an annual basis so, ironically, he is helping, I guess, to fund this appeal against himself and he's more than willing to continue, engage in this dialogue. But he is an active participant and has attended many of the meetings in an effort to try to reach a resolution with the neighbors. Chair Gort: Thank you. Vice Chair Hardemon: So where I find myself in the position of difficulty is because I understand the importance that 2ndAvenue plays to this community. I understand the importance of the restaurants that exist on 2ndAvenue. And a little known fact, but I was out there at the time just -- well -- I frequent 2nd Avenue and have lunch and sometimes dinner at BVD (Buena Vista District) and Lemoni and all of those restaurants that are there, and I've seen the new construction that goes on, and I know how it attracts the type of vitality to those communities that we want, because they will improve the property values and such. The HEP Board decision, though, was based on this property being a noncontributing structure, and noncontributing versus contributing means something in the way that I would think of it. I am not totally sold one way or the other, and I understand that here we are with a task. We have a task where we get presented facts de novo, and we have an opportunity de novo to review this and make our recommendations one way or the other, okay. So when you say, "Well, we've compromised," and then the Chair takes away the position from your statement that there is no compromise -- there's no more compromise to make, how was it as -- we as a board supposed to feel about that? Because, remember, my decision is to either deny, to approve, or to mod, or we come up with some type of compromise, right? So ifI -- I put myself in a situation as the fact -finder where we have a 3-2 decision from the HEP Board, constituents from my community on the business side and on the residential side that say -- and I'm not even sure they're saying necessarily "no." Ms. Stephan: We're not. Vice Chair Hardemon: I haven't necessarily heard "no, " but I will tell you what will get a "no" from me or at least an approval of a -- of an appeal is someone not necessarily being helpful to their community, and I know you own property and you reside within that community, but we have to live together in that community, and so I just wanted to make sure that that is how you feel about it; that you will compromise no more in moving forward this application. Mr. Benitah: IfI may answer after that? Chair Gort: State your name into the record, please. Mr. Benitah: I'm sorry. Harry Benitah. What my -- Attorney was mentioning is we already did City of Miami Page 85 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 compromise, meaning, we've actually -- some of the people, Ms. Stephan, Mr. Schiller, and (UNINTELLIGIBLE) with the architect office, we took note and we met also with City staff, Ms. Megan Schmitt, to take in consideration all the requests they have, and we change the design and the scale of the property based on their recommendations. To be honest with you, I prefer the first design than the actual design, and I think most of the people do. But because we have to compromise, we did that. I am not willing, but we don't want to compromise, but I was very surprised. But after the compromise we did, then the neighborhood association is trying to argue more and more on our back instead of working together and find a solution for our neighborhood. That's why I feel that today it's hard to say, "Okay. Well, I don't mind to work, you know, with the association, " but they have to represent the entire. And also you have to know something is most of the resident that lives in the Buena Vista is almost scared to talk, because the association is not really protecting them. They are just complaining about what's going on in the area instead of growing the area. And also, I think that it should not be a battle between neighbor; it should be a community that grows. And today there is no disputing in the neighborhood. There is like different sides. And because of some personal attitude from the person of the Groves, people don't get involved in the community, and this is a wrong thing, and I would like this to change also. Chair Gort: Thank you. Vice Chair Hardemon: For instance, when I think about what's before me, one of the things that I heard from the community was that there were concerns about the traffic on 45th Street. We understand that 45th Street is not a very wide street and 2nd Avenue would be the better option, say, for instance, for traffic to ingress -- or egress and ingress from the property. So for instance, one of the things that I thought about just from looking at the design -- and as a laymen; I'm no architect -- but -- is that when you're exiting -- for instance, when you come into the property, if you're traveling down 2nd Avenue and then you turn on 45th Street, because you're on the corner, the traffic would turn into your property. They turn into your property. They don't go further down 45th Street. Mr. Benitah: Correct. Vice Chair Hardemon: But coming out of the property, they have the option, as of today, for instance, of turning down 45th Street, down the residential street. Mr. Benitah: Yes. Vice Chair Hardemon: Right. Mr. Benitah: We propose to put a signage with a left turn only, and we also propose to the neighborhood during the last meeting of the association where I attend to provide a valet parking service. That will be the only one accessing the garage and would only follow the rules. We would tell them to come back directly on Northeast 2nd. Vice Chair Hardemon: Right. Mr. Benitah: We talking about a 40-feet distance between Northeast 2nd and the entrance of the parking. Vice Chair Hardemon: Well, I grew up in a community where you can have no dumping signs and still have crash collected under "no dumping." Mr. Benitah: No. I mean -- Vice Chair Hardemon: So I -- so signs, to me, mean nothing. City of Miami Page 86 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Benitah: Okay. Vice Chair Hardemon: Right? So in that -- for instance, a compromise there would be creating an infrastructure that would make it impossible for them to turn right into the community, so -- I think they call those bump -outs or something of that nature; if you have a bump -out where you have to go left. And if you choose to go right, that mean you actually have to probably make a three-point turn, which is unsafe to make in that tight area to go towards the community. So that was one of the things that I thought about as a compromise. Mr. Benitah: Sure. Vice Chair Hardemon: Now, that is for compromising, because if there is no compromise and I'm forced to decide one way or the other, right -- and this is a situation here where you can't -- you don't split the baby. You know, we have to protect our communities, we have to make sure that the communities grow, but we want to make sure that we're good neighbors. So I appreciate my Commissioners for being here and listening throughout this discussion, but compromise, I think, at times, is necessary. Sometimes further compromise, and I'll tell you why. Your original approval was conditioned on another approval. So you agree -- you didn't say, "We have your approval, fine." You're saying, "We have the approval, but this condition would build in another" -- "with the construction of the new facility." So to me, you're always in this constant battle of trying to get the approval that you need to move forward with the project. I want to be able to attract development within my communities. You are the one that actually makes that happen. I don't think the government should be in a position where we put so much -- so many barriers of entry for restaurants and for other types of commercial enterprises to come into our community. We should do our best to lower them, but we can't do it at the expense of those that abut the immediate property, right? So for the record, before I decide which way that I think this should go, I want to know from the residents, what type of compromise do you think is fair? Because I only deal in fair and reasonable, and just so it's on the record before us. And that's what I'd like to ask at this moment. Ms. Stephan: I think at the beginning of the process when we met initially with Mr. Benitah and we saw the plans right before he went to the Historic Board and we gave our feedback, and at that time we said, "Please, ask for a continuance so we can all take time and sit together and work out something that we're more comfortable with." And, you know, they didn't want to do that. They pushed it straight to the Commission. They got turned -- you know, basically sent back by the HEP Board. We did go to the -- Mr. Kobi Karp's office. We sat with him, and they said, "What would" -- "can we change without losing any square footage, without basically changing the lot, the structure, anything?" Like basically, "What frosting can we put on this cake to make it okay for you?" And we said it needs to be more than frosting. This is not congruent. Vice Chair Hardemon: So I'm going to ask you very specifically and not in -- I guess that's where -- lawyers in court, if you start with the superfluous talk, when the judge ask you a direct question and you don't give him a direct answer, you lose not only his attention but his support, if you have it. So -- Ms. Stephan: I'm so -- Vice Chair Hardemon: -- my question to you -- Ms. Stephan: I'm so (UNINTELLIGIBLE). Vice Chair Hardemon: No, I understand. So my question to you is, Is there anything that you thought of when you came here, Mr. Jerome, that you felt was a compromise that you wanted to City of Miami Page 87 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 present today? Mr. Jerome: Our serious concern from day one, when I met with Mr. Benitah (UNINTELLIGIBLE), is that the entrance on 45th Street was always a big concern to us. We was afraid about the precedence it was going to set. As you know, our neighborhood is a very desirable neighborhood, the whole corridor of Northeast 2ndAvenue. So having an entrance on 40 -- at the 45th Street was my -- was our thing that we didn't want to budge on. I, myself have told Mr. Benitah, "Listen, I don't like the building. I love the design, but it doesn't fit in Buena Vista East. But as a resident, I can deal with it. But when you're telling me the parking is on 45th Street, you're laying down the precedent of every single other corner where parking going -- up and down on every single avenue." That is an issue for a residential neighborhood. So am I okay with the building? As a board, can we support the building? Sure. But the parking issue has to be addressed and the green space issue has to be addressed. When you have -- when you don't have 20 percent of green space -- we need some green space. Currently, right now, there's not 20 percent green space or 10 percent green space in the design. So if we can address the green space and the parking, we can have a compromise. I'm willing to compromise. This is about making it work. Mr. Benitah: Talking about the green space, I think there is a mistake here, because the plans have been reviewed by the Zoning Department, and the green space requirement has been met by the -- with the landscape architect, so I don't know why you keep pouncing that, but it's on the plan. Chair Gort: Excuse me. You come through the Chair, okay? Thank you. Yes, sir. Vice Chair Hardemon: So Mr. Fernandez. Mr. Fernandez: Yes, Commissioner. Vice Chair Hardemon: We've heard the major concerns of the community. One is the ingress and egress of vehicles. Chair Gort: Forty -Fifth Street. Vice Chair Hardemon: And I completely understand. Forty -Fifth Street. I mean, I've walked down 45th Street. I've driven down 45th Street. You can't get two cars to go down 45th Street. Mr. Fernandez: You're absolutely right. But Commissioner, what I just distributed to you is on page 3 of this handout, you see a map, and what it shows you is the method of ingress and egress for other similarly situated buildings on 2nd Avenue, and they all come in through the side street. That is the predominant mode of access for the neighborhood. To put an entrance on the main street would be inconsistent with the character of the neighborhood. I agree with you, and we are all willing to compromise to the extent that we would create a traffic control device that would ensure that the traffic would go in a certain direction. It isn't our intent to go through the residential neighborhood, but it isn't our intent to interfere with the pedestrian flow and the great cafe experience that presently exists on the major avenue that you, yourself, frequent. To be sitting at a cafe -- imagine sitting at Green Street in the Grove and having, you know, a truck or a car come right by you. It would be a different -- Chair Gort: Thank you. Mr. Fernandez: -- experience altogether. Chair Gort: Thank you. City of Miami Page 88 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Vice Chair Hardemon: So my next question then would be to Mr. Jerome. The -- would a bump -out to prevent you from going down the residential street be sufficient in this type of case? Mr. Jerome: A bump -out would assist with this project, but again, as a neighborhood association, as a resident -- I've been there for 12 years -- I'm always concerned about tomorrow. I'm concerned about the precedent that this is going to set here. If there's bump -out with some type of precedent or some type of limitation on future development, Northeast 2nd Avenue, as far as traffic coming into the neighborhoods, we can accept it. But again, we -- this decision -- they did not appeal for this one project. We appealed on the thought process that there's going to be projects coming down the line in the future, so we're not here for today; we're here for tomorrow, and so any compromise must take into consideration the future development that's going on, on Northeast 2nd Avenue. Chair Gort: Let me ask a question. My understanding is whatever happens in here, they have to pull a permit, they have to put the plans together, would have to come to you, and they would have to comply with green space and all the requirements of Miami 21. I think it's important for people to understand that, okay? Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. You're recognized. Commissioner Sarnoff There was a comment made, Mr. Planning Director, that not a square inch is not in concrete. Is there not a square inch in concrete in this project? Mr. Garcia: They will come into compliance. I haven't -- I don't have the benefit of having the plans in front of me at this moment in time, but if they have not come into compliance yet in terms of what their plans show, they will have to come into compliance by the time the review process is over, as the Chairman has stated. Commissioner Sarnoff So I want to know if his statement is correct. There's not a square inch that is not covered in concrete. Because I would say -- Mr. Garcia: Allow me to review, sir. Commissioner Sarnoff -- Commissioner Hardemon would say that's a pretty big representation of fact. Chair Gort: Let me ask another question. When the final plans comes to you, if they don't have the requirement -- excuse me; I'd like to have one meeting at a time, please. Mr. Garcia: I'm sorry, sir. Chair Gort: If they don't have the requirement set by Miami 21, you would not be able to give him a permit. And if you don't give him a permit, they're not able to demolish the property. Am I correct? Mr. Garcia: That is exactly right, sir. And I'll add something, I think, to address what may have been a miscommunication. It is true that the underground level of development so the parking will take up roughly the entire site. That's true. However, if you were to see the site at the ground level, planters would have to be put in place that will yield then the implementation of some green space to comply with the applicable zoning requirements as indicated in the plan. So as I'm looking at the plans now, the plans do show a green strip, so to speak, around the property that does allow for some green space or some open space. However, again, to be perfectly clear, underneath that, at the underground level, that will have been paved and improved as a parking City of Miami Page 89 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 area. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff So second question, Mr. Garcia, and it's something I've been hearing with regard to Miami 21. Is there a requirement in Miami 21 that the ingress and egress is supposed to occur off the non -arterial? Mr. Garcia: Yes, sir. An intent that is the case, the letter, when one reads it in a more fine grain manner, imposes that requirement more strictly for ingress. So the ingress movement is the one that tends to slow down traffic, so ingress is limited to the secondary frontage, whereas egress, or exiting the site, can happen through the primary frontage, so -- and as Commissioner Hardemon was speaking on the issue, I was actually thinking about an alternative means of ingress and egress that would have a one-way circulation pattern with ingress along 45th Street and egress along 2nd Avenue that may go partway towards satisfying the concerns of the abutting property owners, the adjacent property owners. I have to caution, however, that in order to accomplish that, it is likely that the parking count will have to be reduced to some extent, because it tends to make the parking layout less sufficient. Commissioner Sarnoff But won't that -- well, I think we're seeing -- I don't know if you or anybody else has experienced this on the dais, but this arterial non favoring has hit a lot of projects in my district, and maybe not by the intent that 21 was supposed to really work, and I realize it's a bunch of words comingled together, and then all of a sudden you have streets and avenues. The next thing you know, it doesn't work for those two streets and avenues when they come together. But having said that, that's a different issue for maybe a longer term conversation between you and I. Just to push people onto 45th Street as an ingress and the egress being 2nd, haven't we, one in the same, done in the same thing? So where's the --? I'm trying to figure out what's the advantage to that if, in fact, the ingress right now is 2nd and if the egress was 45th with a non -turn to the right to go down 45th but back to 2nd, isn't that the better way of doing it? Mr. Garcia: The better way to do it in terms of allowing for a more efficient traffic flow -- Commissioner Sarnoff Oh, I -- yeah, I -- well -- Mr. Garcia: Or the better way to do it as pertains to the experience on the site or, last but not least, is that the better way to do it to enhance pedestrian transit, which is also a prime intent of Miami 21? So in the end, it's a balance of all of those. And best practices, Commissioner, recommend that if any indentation onto the site, if any means of ingress or egress are going to be allowed on the primary frontage, which is likely to be the more heavily transited frontage, then that be only the egress because that is least intrusive or least disruptive of a traffic pattern. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Yeah, and -- Chair Gort: No, wait a minute. Are you finished? Commissioner Sarnoff Yeah, I am. Thank you, Mr. Chair. I appreciate the interruption. Chair Gort: You're recognized. Commissioner Suarez: No. And I think just -- I guess I'm just trying to explore a little bit of what City of Miami Page 90 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 the Commissioner is talking about, because I know Coral Way has a lot of these same issues. Coral Way -- and you know, Mr. Fernandez represents a lot of business owners on Coral Way. What happens in Coral Way is when there isn't sufficient parking in these commercial structures, it spills over into the neighborhoods, and then we get the complaints. And the fact of the matter is, it's hard to deal with it, because unless you create a residential parking zone, which you may have, and then it's enforcement, because you need to make sure that's it's enforced. You know, you have a tremendous amount of spillover and then it's public right-of-way, so then you technically -- unless you have the residential parking zone, you can't enforce it, and that sometimes takes time and -- so it's good that you guys already have that in place. You know, look, it seems to me from what I'm listening, and I've listened to everyone, including you all. It seems like it -- you guys are not that far apart. It seems to me. I mean, I'm just listening. I think you guys are coming with the right attitude, with the right spirit of trying to not necessarily block it, but, you know, trying to make something that works not only for -- because at the end of day, the success of this project is going to be contingent on the neighborhood embracing it, because these are going to be the customers for this -- whatever gets built here. So I think it behooves you as well to want to make sure that it's a project that you're not going to have people standing in front, you know, with pitchforks or whatever, you know, as you're building it. So I don't know if it would benefit more time or what you would suggest, Commissioner. Vice Chair Hardemon: I mean, the thing about it -- and that's why I said, firstly, I appreciate all the Commissioners for listening, and then try to decide if we can come up with a compromise now, because -- I mean, I know this area. I frequent the area. I've watched trucks park on the swale of 2nd Avenue -- adjacent to 2nd Avenue, what would be equivalent to where the incident occurred but on the east side of the street, and get stuck in the dirt. I mean, I'm watching the swales of those property [sic] just deteriorate, because people constantly park there, and it's unsafe, because you have to come out onto 2nd Avenue at a high rate of speed just so that you can get back onto the road. And then, if you're parking there, crossing that street is something dangerous in and of itself, because the cars are all there and you don't have a way that you can plainly be seen by cars, unless you're standing on the roadway. So that's part of the reason why we've expedited, in our list as a City Commission, 2nd Avenue's development, because we need those things done. So having parking that is on that property, I think the community would agree that is a major benefit. I mean, there are so many major benefits that are here, and I don't -- if this came back -- if we continue this and this came back before this board, we wouldn't look to have further discussion. We wouldn't -- we would not look for that, because today, I may be prepared to just give a decision as we are so we won't have to see this item again, and I think will be a fair compromise if both sides agree to it. But if not, if you want to sit down further just to ensure that the integrity of your project is the way that you saw it when you sought that American dream and the community is protected, then we can ask for the continuance so that you can just discuss it that much further, but know that the continuance is so that I can consider the facts, more readily consider the facts that are presented here before us today to decide which way or the other we will move forward. Chair Gort: Okay. Mr. Fernandez: May I, Mr. Chair -- Chair Gort: Yes, sir. Mr. Fernandez: -- just address that point? Commissioner Hardemon and Commissioners, let me just point out that from a procedural standpoint, which has been the emphasis, by the way, of this appeal all along, it hasn't really been factual; it's been procedural as has been stepped out. From a procedural standpoint, there are other levels of appeal that remain when -- in relation to this project. Vice Chair Hardemon: Yes. City of Miami Page 91 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Fernandez: So, in all likelihood, you will see this project again if the neighbors are not happy or if we're not able to reach a resolution with them. So you're guaranteed that we're going to be before you again with this project. I would ask you -- the Commission to please take a vote on this so that we can move forward. We will still have a time to meet with them. We're open to meeting with them and discussing these solutions, and we're hearing all of your comments loud and clear. But there are at least two more appeals -- potential appeals that remain, and we don't want to, you know -- Vice Chair Hardemon: The appeals -- Mr. Fernandez: -- further delays. Vice Chair Hardemon: -- the appeal wouldn't be before this Commission, though. The appeals will be before a higher authority. Mr. Fernandez: No. The appeals would be before the Planning, Zoning & Appeals Board and then back to this Commission. So you will be seeing this project again if we can't reach a resolution with the neighborhood. Mr. Min: Mr. Chair, just -- the board is -- you know, full canvass, so everybody has a full understanding. I believe what Mr. Fernandez is referring to is there is another zoning permit that is contemplated to be issued, which is appealable to the Planning, Zoning & Appeals Board, and the Planning, Zoning & Appeals Board decision is appealable to the City Commission. That's an "if." There is no guarantee that either it's going to be appealed to PZAB or to City Commission. Mr. Fernandez: Well, Mr. Min, there's also a tree removal permit that is required for the project. Mr. Min: You are correct. I apologize. Commissioner Suarez: Mr. Chair, may I just interject real quick? Chair Gort: Yes. Commissioner Suarez: On the issue of -- I mean, I think we've heard testimony today that the neighborhood has already spent $3,300 on appealing this matter. I don't think it would be fair to have them spend another $3,300 to try to appeal on a -- you know, there may be other -- a bit -- other avenues for them to appeal, but it's unfair -- you know, I think it -- they made a pretty compelling argument that the $3, 300 that they had to pay was excessive, to begin with, so I don't think we should force them to have to appeal, you know, in another matter and spend another $3, 000 -- or another $6, 000 so that they can -- so we can resolve it. If we're going to deal with this issue, we might as well deal with it head on right now. I mean, you know, within the context of this appeal or -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Or defer for two weeks -- Commissioner Suarez: Yeah, yeah, yeah. Commissioner Carollo: -- and see if they actually -- City of Miami Page 92 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Suarez: (UNINTELLIGIBLE) defer it. Commissioner Carollo: -- can come with a comprise and then come back to this Commission -- Commissioner Suarez: Absolutely. Commissioner Carollo: -- with a compromise. Well, with either "we have a compromise" or "we don't have a compromise, " but not hear the whole thing again. Chair Gort: Okay. Yes, sir. Mr. Fernandez: Mr. Chair, to that point, if you really want to see the entire project, then we need to have the Administration proceed with our associated applications for waivers, because what's happening is that we're being told that the Administration is not approving the waivers until we get through this project. And so, if we want to view it all, I'd like to be able to consolidate whatever potential issues are out there so you can decide on all of them, because it's not fair to my client either to have to come in and pay for representation. Chair Gort: I understand that. Let me ask you a question. Mr. Fernandez: Yes, sir. Chair Gort: What if the decision here is to say "yes" to them? Mr. Fernandez: Then, I guess -- Commissioner Sarnoff Is your client -- so Mr. Chair -- is your client will -- 'cause this would be an interesting proposition, and I don't know where you are in your design program and diagrams, but is your client willing to go through the necessary steps to bring the entire project so everybody can see it? Would this appeal still subject to this Commission approval so that we could actually see the amount of green space, the amount -- every -- so we can see an as -built in front of us? Is he willing to do that? Mr. Benitah: Yes. Sure. Mr. Fernandez: Absolutely. It really is -- Commissioner Sarnoff Petty easy then. Chair Gort: Yeah. Simple question. Mr. Fernandez: Yes, sir. Chair Gort: Okay, thank you. Commissioner Sarnoff Mr. Planning Director. Mr. Garcia: I think they can certainly do that. The caution, though, that I would make -- and I want to make sure that I don't misunderstand your direction -- is this: That does not supersede the waiver processes they'd have to go through, which are dictated by the Code, so one does not supersede the other. They would still have to go through the waiver processes, and they would still have the right to appeal, those who may be concerned. Commissioner Sarnoff So what they would be getting to Commissioner Suarez and to Commissioner Hardemon and me, they would be getting -- we would be looking at an entire City of Miami Page93 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 project. We would then be ceremonially talking about the aspects of the project we may like or may not like in an advisory opinion, and then we would inevitably either approve or disapprove the appeal; they would then go back pretty well knowing what this Commission felt with regard to the waiver process, go through that, and then, theoretically, come back to us. Mr. Garcia: That's exactly right. Chair Gort: Okay. Vice Chair Hardemon: Mr. Chair. Chair Gort: Yes. Vice Chair Hardemon: Is the bump -out su icient? Mr. Jerome: Commissioner Hardemon, again, we're thinking about the bump -out in this context is not sufficient, if the bump -out is set by itself. If we're talking about the bump -out and we're talking about the rest of the streets, which there is pending the development -- And again, we don't want to be back here again for another project. We don't want to spend that $3,300. So my question -- my comment to the board is -- let's allow us. I'm asking the board give me -- give the board and Harry 30 minutes. Let's hash this out. I mean, I want to compromise, because I don't want to see this project fail. But at the same time, I have to protect the integrity of the community. Chair Gort: I understand what you're asking. You're asking for the dominant effect not to take place. That would have to be done by -- the Planning Department would have to come up with a resolution to us or an ordinance where we can change the existing zoning within that area. So this is not something that I think we can make the decision today. Mr. Fernandez: Mr. Chair. Chair Gort: I think we're hearing what you're saying and we understand it, and I think the Planning Department is hearing what your neighbors are saying, which is happening all through the City of Miami, 'cause unfortunately, all the commercial corridor that we have, they don't have parking. So that's -- all of it was onsite parking. We never had off-street parking so. Vice Chair Hardemon: And -- Chair Gort: Yes. Vice Chair Hardemon: Mr. Chairman. And one thing that I can say about 2nd Avenue that's interesting is that when I think about the properties that align 2nd Avenue in that immediate area, I can't think of any of those properties that allow ingress of vehicles at the frontage of the avenue. So when I consider that, I mean, that -- this is appropriate. The ingress and egress is appropriate for 2nd Avenue. However, it is inappropriate where the vehicles are traveling towards the community, and that's where we differ. Now, with that being said for each property that comes before this board, we have to consider each one of them individually, right? So you're right to look further into what could happen in the community, but we have to stay focused on the facts that are here today, and the facts as they are today is that the property, the way it set up, it allows for the ingress and egress in its true form that's complementary to the other properties that are there, except for the fact that -- well, no. This would be a trend setter in the sense that you can go -- you only have to go back towards 2nd avenue if you come out of this building. Any of the other buildings, you don't have that ability, so -- Mr. Jerome: But, Commissioner, if I can just add to it. You also understand there's that -- City of Miami Page 94 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Wait a minute. Mr. Jerome: Sorry. Chair Gort: You want to ask a question? Vice Chair Hardemon: Let him ask. Chair Gort: No, ask him a question. Go ahead. Mr. Jerome: I just -- you're absolutely correct. I think -- Director Garcia said something earlier, the fact that maybe there is a compromise for what was considered a clear precedent. When you have a building 20,000 square feet, which is the largest building, which is twice -- three -times the size of any other building in the neighborhood, your -- the impact is not just, okay, that -- the impact is going to be a very big impact. There's never been a building of that size on those streets. And you are correct; having the exit only, left turn only heading back to Northeast 2nd Avenue is fine, but how about coming into the building. You have a building with 9,000 square feet where people are going to be trying to come in on 45th Street. So you are correct; they can exit off the building, but what's to say that they're not going to enter from 45th Street? And 9,000 square feet is a lot of commercial space. Commissioner Sarnoff There's no -- Commissioner Suarez: Mr. Chair. Commissioner Sarnoff -- entrance to the building -- Commissioner Suarez: Mr. Chair. Commissioner Sarnoff -- on 45th. Mr. Jerome: No. The entry's on 45th Street. The entry is on 45th Street. Commissioner Suarez: Yes, it is on 45th. Vice Chair Hardemon: The entrance and the exit, for the record, is on 45th Street. Forty -Fifth Street -- And I -- Commissioner Suarez: It's a secondary frontage. Vice Chair Hardemon: Right. And the thing about it is that -- and I heard reference to the decision that we made to block the -- if that's the proper term, and it's probably not. But to not allow, rather, the daycare center -- the daycare centers, where they were; much different from this case. I mean, the daycare center was in the middle of that residential block. It would have brought traffic through to the middle of the block. It was a lot of different factors that were much different from what we're facing here, which is a property that is on 2nd Avenue the way that we would expect it. It is next to other commercial buildings the way that we would expect it. It does provide parking, unlike the other buildings, which is not the way, necessarily, that we would expect it, especially because of the expense that you would take to build parking underneath. So that's what complicates this for me. Commissioner Suarez. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. City of Miami Page 95 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Suarez: Yeah. I sympathize with you guys, because what you're looking for really doesn't -- it's really not related to this project, per se. What you're looking for really is a traffic management solution for your neighborhood, and that has got to be very frustrating for you guys, because I can tell you in my district, it's extremely frustrating. And all of the different neighborhoods and homeowners association have been engaged in a month -long and day -long, week-long discussions with the County. And one of the things I'm going to do in the next Commission meeting -- and I'd like the Clerk to put it on as a discussion item -- is a traffic management plan for all the neighborhoods of the City of Miami, because in our discussions with the County -- and by the way, we've made a lot of progress on a memorandum of understanding, which I thank the Chair for expressing his support to the Mayor of Dade County -- is that we have a difference in the way we view traffic on non -arterials in our neighborhoods versus on our arterials. And the County has to understand that we have a different philosophy of traffic. We want to be pedestrian friendly. We want to be children friendly, elderly friendly, you know, biking friendly, et cetera. And what we're seeing is the County putting obstacle after obstacle after obstacle in our way from trying to make -- to achieve our objective to protect the neighborhoods and to make them safer, and more walkable, and enjoyable and increase the quality of life. So what -- I'm seeing that all across my district, and my district runs very much east/west, and it's very single-family, residentially -intense district. So we have the same exact issue. So I understand what you're saying. You're saying is, "Look, you know, it might help out a little bit on this, but we've got two or three" -- you know, we have streets in every direction. And you're afraid of what the impact is going to be on all of those streets. So you know, again, -- one of the things in our discussion with the County, they said is, "Look, if you can give us a plan, a citywide plan, maybe we can approve it as a citywide plan." And I said, you know, that's a lot of work, but, you know, I would be willing to do it. Andl would be willing to meet with your homeowners association and with others to see if we can create a traffic control device plan for the City that we can present to the County as one plan and get an approval, because what happens is, you know, neighborhoods like Coral Gate is where I live. It's a neighborhood that used to get 1,600 cars a day, based on a traffic study, go through the neighborhood, because they would cut through 37th Avenue and they would start cutting east and west. Well, the neighborhood got together, and over 10 years -- took them 10 years to put -- to close the neighborhood in terms of, like what you're saying, blocking certain accesses, et cetera. Then it took them another 10, 15, 20 years to permanently close with a wall, you know, that area. So now it's a very charming neighborhood, people can ride a bike, kids can run around. I mean, everyone feels, you know, very safe in those neighborhoods. So I think -- first of all, I really appreciate your spirit of cooperation, and it seems to me that you and the other members of the homeowners association that I can't see because their blocked, you know, first of all, thank you for being here so late. But it's clear to me that you guys are all acting in good faith and that you want a project that will enhance your neighborhood, not detract from your neighborhood, and I would suspect that that would be what you would want, too. Mr. Benitah: Correct. Commissioner Suarez: So I think we should be able to come to a compromise. Vice Chair Hardemon: Right. IfI may? Chair Gort: Yes, sir. Vice Chair Hardemon: In conclusion, we started from this being a noncontributing structure. I think just starting from the definition of it being noncontributing led to some of the difficulty that the homeowners associations were having with the control of the design and the destruction -- or demolition of the building, construction and demolition of the building. As I understand from the facts that are presented to me, there was compromise that was sought and agreed upon by the HOA (Homeowners Association), and also the developer and the owner. There was compromise City of Miami Page 96 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 -- the compromise reduced the footprint of the building. The compromise took into design considerations that even the owner said that he was not happy with. He appreciated the first one better, but because of that compromise, the spirit, this is what we have before us today. I would also like to make note for the record, what was passed to me by the appellee is that I have different letters that are from people who live within the community, so for instance, Mr. Terry Riley living on 168 Northeast 43rd Street, who approve of this -- the design as it is; also the co -owners of -- the co-owner of Buena Vista Deli, which is a property that similarly abuts this property; another resident at 56 Northeast 51st Street in support of it; Florian [sic] Jouin, Sinuhe Vega at 168 Northeast 44th Street; Georges Williams, 4584 Northeast 2ndAvenue; and some of these are residents and also business owners in that area. And so I read this into the record because what I find myself in a position of -- another person, Sarkis Anac 171 Northeast 46th Street -- I find myself in a position where I have homeowner association that goes one way -- or not necessarily goes one way -- that has an opinion about the matter, and then I have other residents that may not necessarily be a part of the homeowners association or may be -- sometimes they may be -- that see it another way. And so based on all the facts that are presented to me today, I think that the fair thing in this situation would be to modifit the ruling of the -- Commissioner Sarnoff HEP Board. Vice Chair Hardemon: -- HEP Board and to allow for the bump -out, that physical bump -out that does not allow you to egress into 45th Street towards the residences. And so I move that we modify, including that restriction, and that's how I would like my -- Chair Gort: There's a motion. Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Discussion. Go ahead, sir. Commissioner Carollo: Mr. Chairman, before we take a vote, I'd like to ask, is it possible that there is -- because I just didn't see them that far away. Is it possible to table this item -- there's only one more item -- for 15 minutes? Let them talk and see, you know -- and again, I'm just trying to seek -- to see the possibility of a compromise. It's been stated before that it didn't seem like they were that far away. You know, I think you presented an option. I don't know if that option -- and it doesn't seem like that option is going to satisfy, you know, the residents. So I wanted to see if there's a possibility that, you know -- and it won't be the first time that we table an item to reach some type of compromise. We did it in the last Commission meeting. So again, I'm just trying to act in a spirit of -- to a community and also members of the community coming together, some that live in actually the same area and have possibly the same goals coming together and compromise, and I don't think they're too far off. So again, I don't know -- we have one more item on the agenda. Maybe we could table this, take a few other item, and then bring this back. And I don't know how you feel about that, Commissioner Hardemon. Vice Chair Hardemon: It doesn't hurt me one way or the other. I don't mind. Chair Gort: Let me tell you, I don't think there'll be any compromise that could take place within 10 or 15 minutes. My understanding is, from what we've been told here, this process still has three different appeals to go through. At the same time, they still have to put the plans together, bring it to the Planning Department; it has to be approved by the Planning Department; it have to go through the process of the Planning and Zoning Board, so there's still a lot of procedure. Now, I think that they receive the -- our discussion here -- we've been discussing this for quite a bit, so I think you all understand where we're at, at this time. Any further discussion? Being none, all in favor state it -- City of Miami Page 97 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Min: Mr. Chair. I'm sorry. Chair Gort: Yes. Mr. Min: IfI can also clam. I believe the Planning Department was recommending some conditions in Exhibit "A." Does the Vice Chair's motion include those five conditions? Vice Chair Hardemon: And I just want to make -- I want to review them just quickly. I know I've looked at them before. Mr. Garcia: Commissioner, just to clam further Mr. Min's statements. These are conditions that were actually captioned by the Historic and Environmental Preservation Board in their issuance of the certificate of compliance. I'm happy to read them into the record, but they've been discussed in detail throughout the conversation. Would you like me to do that? Vice Chair Hardemon: And just to be clear, we're talking about Exhibit "A"? Mr. Garcia: Yes, sir. Chair Gort: Yes. Vice Chair Hardemon: And just to read into the record: No COA will be issued until the applicant is in compliance with condition 2 of HEP Board that gives a R-2014-022, which states applicant will secure each structure currently existing on the site and complies with the City Code regarding vacant properties and will make reasonable effort to improve the appearance of the site; number two, details of the signage package returned to Preservation officer for staff review; three, a sample of the proposed aluminum screen will be presented to Preservation Office staff prior to receiving the final approval; four, all glass shall be clear; five, the details of the mural at the north will have a historic reference -- will be presented to the presentation -- Preservation officer for review and approval; and a covenant shall be recorded that will prohibit any commercial billboard as such may ever be defined by the City of Miami. I'll incorporate all of those into my motion. Mr. Garcia: Thank you, sir. Please know that in so doing, you are basically attaching the conditions that the HEP Board recommended by virtue of their approval to the certificate of appropriateness. And in addition to this, again, to make it all abundantly clear, you are instructing the applicants to make design modifications to the project that will ensure that the traffic direction both entering and exiting the property be clearly done so that traffic will flow from 2nd Avenue directly into the property and that (UNINTELLIGIBLE) down 45th Street and upon exiting also doing the same thing if traffic will be directed over to 2nd Avenue to the east. Vice Chair Hardemon: That is correct, but not purely signage; actual improvements onto the property. Mr. Garcia: Design improvements, that's correct; physical improvements to accomplish that intent. Thank you, sir. Chair Gort: Okay, thank you. The maker of the motion accept that. The seconder of the motion is not here. I need another second to accept all the conditions. Hello. Mr. Garcia: I apologize, sir. Chair Gort: I need another second to accept all the conditions. Unidentified Speaker: I had a question on (UNINTELLIGIBLE). City of Miami Page 98 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Okay. Commissioner Suarez: Yeah, I second Chair Gort: Okay, been second Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Fernandez: Thank you very much. Chair Gort: Thank you. PZ.4 RESOLUTION 12-01180v A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL AND REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD DENYING THE VARIANCE, AND THEREBY GRANTING 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, FLORIDA, WITH CONDITIONS AS STATED HEREIN. 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 Southwest 4th Street [Commissioner Francis Suarez - District 4] APPELLANT(S): Joel Ortiz, Owner FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the variance. PURPOSE: Approval of the variance 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 ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 99 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon R-1 4-0408 Chair Gort: PZ.4. Francisco Garcia (Director, Planning & Zoning): Item PZ 4 is before you as a resolution, Commissioners. This is a variance appeal for a property at 2970 Southwest 4th Street. The variance was presented to the Planning, Zoning & Appeals Board. It is a variance request for an encroachment of 16 feet and 1 inch into the 20-foot setback that applies to the rear setback of any subject property under the zoning designation of T3-O, which this property is. This is in an effort to bring into compliance an existing structure that was built without the benefit of permits. Subsequently, the addition was inspected by the Building Department and deemed not to be in compliance with applicable codes. It is for that reason that we, the Planning & Zoning Department, recommended denial to the Planning, Zoning & Appeals Board; and the Planning, Zoning & Appeals Board also denied the variance effectively. It is before you today on appeal. I'll be happy to answer any questions you have. Chair Gort: Thank you. I guess we don't have a quorum; we'll have to wait. Let's take five. Rick Ruiz: We don't have a quorum. Commissioner Suarez: Oh, that's a problem. Chair Gort: Yeah. Commissioner Suarez: Can we hear the public --? Later... Chair Gort: Okay, we have quorum now. Let's go. Yes, sir. Mr. Ruiz: Mr. Chairman, my name is Rick Ruiz. I'm with Marrero & Associate, Architects and Planners, and with me this evening is Mr. Joel Ortiz, the owner of the property, and also neighbors of the community, and as well as his wife and family. So we're here -- they weren't able to be here at the last meeting, but they were able to be here for this one for sure. In regards to the application, yes, there was a motion by the Zoning Board. It was a 4-4 motion of approval and not of denial. And of course, a 4-4 motion, that basically translate to a denial. So because of that, we're here before you today. Now, you're going to -- we're going to bring you some facts. We brought you some handouts that you have before you, as well as some added drawings that we have here regarding the property, but we'd like to basically take you first through the aerial, which is the first page. In the aerial, you'll see this block as it is. When we first were retained by Mr. Ortiz, the issue was not only that the property had an illegal construction in the back that he purchased that way; he didn't construct -- but that it had a second unit, so we had to go and submit a documentation for -- to change the zoning to the property. We submitted all the documents. We presented it. It took a while because also, what happened was when we brought in all our evidence of what was happening within the area as well regarding the multiple duplex use, the City of Miami Zoning director and his staff went out and checked and saw that that was the case, so they initiated a citywide type of approval or, better yet, submission for the land use amendment, and that's what happened in regards to that portion. We went through that process and it got approved, that now you can have duplex use within that block, because of the character of the block itself. And to the character of the block itself is what we want to show you. Basically, when you look at this property, you're going to see just in the aerial alone all the aligning buildings close to that rear property line. Both on 29th Avenue and 30th Avenue, you see that both of those buildings have properties that are adjacent to that rear property line, and City of Miami Page 100 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 of course, they were permitted at that time. In fact, in the handout, there is a page that shows you basically the time periods that these properties got permitted back in 1925. So 1925, of course, Miami 21 didn't exist, the 11000 didn't exist, and none of those. And also, when you look at the character of the properties surrounding, they're basically legal nonconforming. There's only two properties that had construction without permits that are in this block; all the other ones had permits to go forward, which are those to either corner, as well as the one to the east side of the property. And these properties have these buildings placed as far back as you see. So when you go back to page 3, you're able to see the far property, right, extend a little bit further into the property line. And when you go to page 4, you're able to see the different properties that also -- the one directly to the east of them that is legal nonconforming, as well as when you look at the other ones further down on the view too. On view west, again, you see the properties again; how many properties are adjacent or near that property line. When you go to page 5, you're -- you see two major buildings that, again, were built back 1920s, 1930s, and they were also placed very close to those property lines, all along that rear property line. So if you look at his property, basically, it's buffered around. There's no way anybody could see what he has. That we're asking for this variance that is close to the property line, it's no different than any of the other neighbors that already have their properties close to the property line, so we're not asking for something that nobody else already doesn't enjoy. We're also showing you a picture on page 6 where you see the -- again, a building that most likely was built back in the 1920s also that is close to the property line as well. So when you look at the overall picture of this property and then you go to page 9, the character of the property from the outside, you could never see this construction in the back. Impossible. The only ones that would see it would be this property or somebody in a helicopter; otherwise, there's no way they're going to see this. That the property was done without a permit; we agree. That there's things in it that we need to put to Code; we agree. We've hired a structural engineer, Dennis Solano, as well as Dynatech Engineering, who goes out and check the structure. We're going to remove the roof and put new trusses and strap them into the tie beam. We're going to add proper columns to the walls where they might be deficient. So we're going to put it to Code. There's no way that it won't get a permit legal through the Florida Building Code for the structure itself. So what we're providing you is evidence, one, that -- like if you go to page 2, others enjoy what we have -- what they have. Can we put it to Code? Yes, we can. Can we work with the Department and any other thing that they might need for us to do? We will. But we think that we have enough evidence to prove to you that this property could sustain itself and will not harm, will not be a deterrent to the other properties within this block, and won't be to any other block because nobody will be able to see it at all. Chair Gort: Let me ask a question. The Amnesty Program still on? Mr. Garcia: Yes, sir, I believe it is. The only reasons the -- Commissioner Suarez: It exceeds. Mr. Garcia: -- Amnesty Program would not apply is it sets forth limits as to how far you can go and this particular structure exceeds those. Chair Gort: Right, I understand that. But the Amnesty Program can give them the opportunity to go ahead and comply with the existing Code and so on. Mr. Garcia: With the proviso that they come into Code compliance with the Building Code, yes. Chair Gort: Right. What's in front of us -- Unidentified Speaker: Right. Chair Gort: Yes, okay. You are aware of the amnesty -- City of Miami Page 101 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Ruiz: Yes. Chair Gort: -- program? Okay. Mr. Ruiz: Yes. Commissioner Suarez: Okay. May I, Mr. Chair? Chair Gort: Sure. Commissioner Suarez: Just to be clear, it doesn't seem to me they want to travel under the Amnesty Program, because I think the Amnesty Program would only allow for like 10 percent deviation, and this, I believe -- Mr. Ruiz: Yes. This exceeds -- Commissioner Suarez: -- far exceeds. Mr. Ruiz: Far exceeds the 10 percent. Commissioner Suarez: So I don't want to try to condense this because we -- I want to make sure we have quorum issue and I don't want -- lose quorum, and I want us to be able to get something settled So first of all, I want to thank you for coming, you know, and trying to -- and doing the right thing, at the end of the day. You know, I think it's important that -- I wish all our homeowners and our builders and our people who invest in the City of Miami were as responsible as you are and would come and try to fix the problems that we have, because unfortunately -- and I know all the Commissioners here have walked door to door when they campaigned and when they're not campaigning, and so we see these kinds of unpermitted buildings. We see these kinds of things which have, unfortunately, an impact on the surrounding areas, so I commended you for coming. I don't know -- I would like to know if there's any -- just to condense things, is there any residents here that are in favor of this application? If they are, they can just -- okay. Just raise your hands. And the record will reflect that there's 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. Chair Gort: Is anyone against it? No. Commissioner Suarez: Is there anyone against it? Chair Gort: No. Okay. Commissioner Suarez: Is there anyone --? Do me a favor. If you have an opportunity, please fill out paperwork with the Clerk so that we can document that you're in favor; what your address is and the surrounding area so we have a clear record of anyone who's in favor. Is anyone against? Going once, going twice, okay. So I think the issue here for us -- the only thing for us left to decide is what's the responsible thing to do in terms of, you know -- we appreciate the fact that you want to legalize this, and we appreciate the fact that you obviously want to do it to Code. I think our Planning director and maybe our Building director -- I don't see him here -- may have a concern with the setbacks. Just because of the precedential value, we don't want to -- even though we appreciate the fact, again, that you're coming here and that you're coming here in good faith to do the right thing -- for example, just looking at that setback right there from that corridor, I mean, that's -- that looks dangerous to me, you know, not the mention the fact that -- you know, I don't know how it impacts the neighbor. It may or may not in that particular case. But I think they are a little bit worried about that. So I don't know if you want to talk to that or I don't know if you have any -- City of Miami Page 102 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Mr. Ruiz: Yes. Commissioner Suarez: -- thing to add on that, Mr. Ruiz. Go ahead, I'll let you -- Mr. Ruiz: Anything that has to do with, let's say, the fire portion code of the Code, this wall will meet the Code. Let's say if for any reason we need to put a two-hour fire -rated wall different to a one -hour fire -rated wall, we will make this wall like that. We will keep the water within the property. In fact, we're putting in a new roof. Commissioner Suarez: What about setbacks? Mr. Ruiz: I'm sorry? Commissioner Suarez: What about setbacks? Because I think that's one of the concerns. Mr. Ruiz: Right. Well, the setback issue would be that -- Unidentified Speaker: (UNINTELLIGIBLE) Mr. Ruiz: Yeah. No, but what we're proposing that that setback wall that we're going to be able to fireproof it completely, structurally make it sound and it wouldn't be a danger to anyone. Commissioner Suarez: Okay. They're making the contention, Mr. Director, that the setback as they propose it is in conformity with other surrounding properties. Is that -- do you consider that to be an accurate statement? Do you think it's a little bit more aggressive? Or, you know, what would you recommend? I just want to try to condense it, 'cause I have -- you know, I have my colleagues who have been patient. Mr. Ruiz: Page 2. Mr. Garcia: And so a quick overview of the materials they've presented and, perhaps more convincingly, an overview of an aerial photograph that encompasses the entire block does seem to show that the fabric of the area is such that this (UNINTELLIGIBLE) are often encroached upon. Commissioner Suarez: I have to say "A" and `B"seem to be encroaching; C'ilefinitely is encroaching. Now, I don't know if these -- any of these are legal, by the way. Mr. Garcia: We do not know either, sir. Mr. Ruiz: Two of them -- Commissioner Suarez: D'definitely is encroaching. Mr. Ruiz: Two of them are not; "A," "C" and "D" are legal. Commissioner Suarez: "A," "C" and "D" are legal? Mr. Ruiz: Yes. Commissioner Suarez: Okay. Right. So I just -- my issue is this: You know, we're trying to do the responsible thing. We thank you for -- you doing the responsible thing on your end. We just want to make sure -- as a city, we have to protect not only -- we actually sometimes have to protect you from yourself, not that you wouldn't otherwise do that, but you know, we have a City of Miami Page 103 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 responsibility in our Building Code, as you know, Mr. Ruiz -- you're a very responsible and very well -recognized architect and, you know, we want to make sure that whatever we do is something that is going to protect the safety of the residents of this home as well as the neighbors. So, you know, I'm looking for guidance here because I want to make a motion and I want to be able to adjourn the meeting and everyone go home happy, hopefully. Mr. Garcia: Sir, again to (UNINTELLIGIBLE) I think what you've laid out so far. The intent clearly is to bring the property into compliance, and the first step toward that is to seek this variance which would allow them a relaxation of the terms otherwise applicable, which then allows them to start thinking about what modifications need to be made to the structure to bring it into compliance. I have two concerns I want to share with the Commission. Concern number one is that if they were to look at the structure to try to bring it further into compliance through the process, they may indeed and find that some Code requirements apply that force them, in the first place, to scale the property back somewhat. They may or may not. I'm not in a position to make that determination, but they may. And the second concern, which ties into the first one, is that even if they were to be granted today a variance -- even if they were to be granted a variance for the rear setback, there's still other Code issues that apply, such as lot coverage, such as green space, which they would not have a variance of. I say that because if the intent -- and certainly the intent is to assist them to come into compliance -- even granting them the variance today may be an imperfect vehicle to accomplish that intent. What I would like to suggest, and for your consideration, is that if you were to approve the variance today, that you ask the applicants to work with us to establish a compliance plan for the property. It is understood that that compliance plan may very well require that they come for additional variances for other terms as applicable, and there should also be ideally some sort of an implicit or explicit statement preferably that says that to the extent that they can scale back the property reasonably to produce some sort of a backyard, that that is also desirable and they would be willing to work with us on that. Commissioner Suarez: Does that work for you guys? Mr. Ruiz: Yes. Commissioner Suarez: Okay. So moved. Chair Gort: There's a motion. Is there a second? Commissioner Carollo: Second with the amendments. Chair Gort: Seconder accepting the amendment. Any further discussion? Being none -- Todd B. Hannon (City Clerk): Sorry. I'm -- Chair, real quick. I believe we do have one person from the public that would like to speak. Chair Gort: Are they against it? Mr. Hannon: But first and foremost, before we move any further, the motion is to grant -- Commissioner Suarez: The motion is to grant the variance with a comprehensive plan, in combination with the Planning director a compliance plan, so that the property comes into compliance with the Code because -- this is not just about them doing one thing. They want to have -- they want to get going. They want to build the property. They want to get beyond this. And what he's saying is that this will make it a more efficient process so they can potentially come back to us with a unified thing and we can move on. Mr. Ruiz: Or not. City of Miami Page 104 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Suarez: Or not come back, if it's not necessary. Mr. Ruiz: Right. Commissioner Suarez: Of course. Sounds good. And I'll let you -- go ahead. Chair Gort: Is he going to speak against it? Unidentified Speaker: No. Chair Gort: Is he going to speak against it? Commissioner Suarez: No, it's not necessary. Chair Gort: Okay. Thank you. Commissioner Suarez: But I do want you all -- very quickly after the meeting adjourns, to sign in and register your support, because I do want that for the record, please. Chair Gort: Okeydoke. Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: Thank you. Mr. Ruiz: Thank you. Chair Gort: Do I have a motion to adjourn? Commissioner Suarez: Move. Second. Chair Gort: Have a good one. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 City of Miami Page 105 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 D3.1 14-00994 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION REGARDING RECOMMENDATIONS FOR THE CIVILIAN INVESTIGATIVE PANEL. 14-00994 E-Mail - Discussion Item.pdf 14-00994 Independent Committee Report.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the October 23, 2014 Planning and Zoning Commission Meeting. Chair Gort: Mr. Manager, we have anything; any discussion or pocket item you guys would like to take it now? That'll be the time now. Daniel J. Alfonso (City Manager): No, Commissioner, at this time we don't -- Mr. Chairman, we don't have anything else. Chair Gort: Commissioners? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I have a discussion item regarding the Civilian Investigative Panel. I was contacted yesterday by Ms. Dawson, and she wanted to know if she and other members of the committee that we formed should be present. It was also mentioned that the final report had not been out yet, which I stated, listen, they made the presentation. I think the gist or the meat and potatoes of what's recommended isn't going to change much, but out of courtesy to all of them and should they want to be present, I'm probably going to defer this to the next meeting so they could be present if they want to discuss. And listen, I just don't want that the recommendations falls [sic] by the wayside. I want to make sure that if it is issues that need to be taken up with the Charter Review Committee and it does go to there -- to them, and so forth. So I'm just giving you insight that 1 think there's a good possibility we will be deferring this item, so -- until the actual report is done. Commissioner Sarnoff. When is the final report due? Chair Gort: Okay. Commissioner Carollo: I -- it's my understanding they met yesterday and they had a long discussion, and -- with regards to the report, and if it's not out yet, it's my understanding it will be out soon. Chair Gort: Okay. City of Miami Page 106 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 D4.1 14-00984 Commissioner Carollo: I think -- Nzeribe Ihekwaba (Chief of Operations): Good morning. Zeri Ihekwaba, Assistant City Manager. The CIP (Civilian Investigative Panel) Independent Review Committee met yesterday and the final report should be ready and submitted by next week. Actually, they made a request, a formal request that we communicate to the Commission asking for the deferral of the discussion item. Commissioner Carollo: Okay, so I'll defer it then to the next Commission meeting once the final report is out. Mr. Ihekwaba: Okay. Chair Gort: Okay, thank you. Come back at 3? Commissioner Sarnoff Yeah. Chair Gort: Okeydoke. Thank you. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING THE SEA LEVEL RISING. 14-00984 MDC Sea Level Report.pdf DISCUSSED (D4.1) RESOLUTION 14-00984a District4- A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE Commissioner CITY OF MIAMI SEA LEVEL RISE COMMITTEE, TO STUDY SEA LEVEL RISE Francis Suarez AND ITS EFFECT ON THE CITY OF MIAMI AND MAKE RECOMMENDATIONS, INCORPORATING ALL AVAILABLE INFORMATION ON THE SUBJECT, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS MADE BY THE FEDERAL GOVERNMENT AND MIAMI-DADE COUNTY; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner 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 City of Miami Page 107 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 R-1 4-0409 Todd B. Hannon (City Clerk): Sir, it is 3 o'clock. Chair Gort: Okay, I need one more Commissioner so we can get going. Okay, we have a quorum now. Commissioner Suarez, you're recognized for your -- Commissioner Suarez: Thank you, Mr. Chair. I'll try to be as brief as possible, even though I think this is a very important issue and one that you can't really settle in a discussion item. I just wanted to bring it to the consciousness of our government, which it really is already at the consciousness of our government. I mean, I think our Assistant City Manager, our Deputy City Manager can talk a little bit about some of her efforts. And we have Mayor Lerner from Pinecrest who's here to give her perspective on this issue. But it's the issue of sea level rise. And whether you believe in global warming or not, I think it's pretty indisputable at this point that our sea level is rising steadily on an annual basis, and that we have an obligation as a city -- as other cities have done; Miami Beach most recently -- to be prepared and to be forward thinking, and to plan, which sometimes are bad words in government, but we have a responsibility to do those things. And I think it's interesting that this is a topic that just recently, the Miami Herald -- I think it was actually just a couple days ago -- wrote an article on. I know that today is the King Tide, and we're wondering how Miami Beach's flood management system is going to manage that. You know, the Federal Government has set national standards, and, you know, it's just an opportunity for us to really be ahead of the curve. I think -- I know that our Deputy City Manager wants to convene a sunshine meeting with the Mayor and I think the Mayor of the County, ifI'm not mistaken. No; just our Mayor and our City Commissioners? Because the County just recently issued a report; we also have an action plan that the City issued in June of 2008. And I think -- so I think, like I said, there's a lot of information on this issue. It's a topic that is very much in the news, it's very relevant, and I think as a city that wants to be considered on the forefront of issues that could impact it, not only in the present day but in the future, it's incumbent upon us to tackle this issue head on. And what I would propose is that we set up a committee, or a task force, or -- doesn't really matter what you call it -- of people that are experts in this field throughout the County and the United States to help guide us so that we are not -- don't get too far behind and so that we can be a trend -setting government. I think that it's important for us. We made a lot of changes after Hurricane Andrew regarding windstorm building codes. We've hardened our structures tremendously, but we have mega projects that are being built to the tune of billions and billions of dollars over the next five to ten years, and we would be negligent if we didn't consider this and address this issue now that we have an opportunity, and it would be in the best interest not only of our residents, as we can see with what's going on in Miami Beach, but it would also be in the best interest of the development community that I think wants to make sure -- and the insurance community, and we want to make sure that insurance is affordable; that we are doing things on the front end to avoid costs on the back end for our citizens. So I just wanted to briefly recommend and make a resolution or make a motion that we set up a committee to study sea level rise and its impact on the City of Miami. You know, the membership of the committee can be modeled after the Charter Committee or some -- you know, one where every Commissioner and the Mayor have and the Manager have an ability to name people to that committee so that they can -- everyone can feel like they participate in it. And, you know, I think that it's a topic that right now, like I said, is -- there's more and more information coming out on it and it's really incumbent on us to be proactive. Commissioner Carollo: Mr. Chairman. Chair Gort: Okay, 'cause -- yes, sir, you're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And I don't think there's any questions that sea level rise is an issue that we need to address. As a matter of fact, with CIP (Civilian Investigative Panel) Task Force that we did or committee that we did, the reason why I have it today as a discussion item and I'll be bringing it back is because when that committee made City of Miami Page 108 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 recommendations, I don't want it to be fallen by the wayside or put in the back burner, and that's why I keep bringing it up, so we could take those recommendations; see how much of that we could move forward with it. Recently, Miami -Dade did have this task force, and they made several recommendations, and I think although, as I mentioned before, I have no issue, whatsoever, with discussion and being able to debate issues, discuss, I think that we need to not overlook that Miami -Dade County recently had this task force, and they came up -- I have at least six of their recommendations; some that, you know, the City already can actually take part in, 'cause one of their recommendations was for the County to incorporate Everglades restoration, including restora -- making restorations a top priority for County lobbying efforts. I think the City should also do that. So there's, I think -- and I'm not saying that we shouldn't continue and add to it, but at the same time, let's not reinvent the wheel. Let's see what studies have already been done, what work has already been done so we could add to it as opposed to starting all over again, and that's the only recommendation that I make, because it truly is an issue. And I can tell you right now, I'm dealing with it, because, as chairman of Bayfront Park Management Trust, we're looking at the fountain, and if we do any repairs to it and so forth, and that's right by the bay, and we're looking and beginning to study how much money to put into the fountain for repairs or restoration or refurbishment, and taking into account sea level rise. So we're definitely dealing with it, and I think it's definitely a topic that needs to be discussed and needs to be acted on, but I don't want to overlook the fact that many have already done many -- you know, a lot of work on it, you know, many professionals, and I want to make sure that, you know, we add to it as opposed to starting all over again, starting this process all over again and, realistically, trying to reinvent the wheel. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I think -- you know, when I started studying this issue, I realized that there is somewhat of a hodgepodge of -- Commissioner Carollo: Right. Commissioner Suarez: -- sources of information, some of it coming from the Federal Government, some of it coming from newspaper articles, some of it coming from our own internal action plans, and then, of course, some of it coming from the County. We are unique and I think a little different, and I think we require a specificity of study simply because we are the city that has the largest amount of waterfront in the County; maybe Miami Beach may have a little bit more, yeah, but we're one of the largest cities in the County that has -- in terms of waterfront. We may even have more than Miami Beach, actually, because when you stretch -- Vice Chair Hardemon: (UNINTELLIGIBLE). Commissioner Suarez: Yes, I consider waterfront decent from beachfront. I'm saying land that touches the water. So I think if you stretch as north as we go along the water to as south as we go in District 2, you know, I think you have -- actually, you may have a larger swathe, and it's not only that; really, what's more important is that we are the epicenter of construction right now in the County. So all of the construction is happening -- or most of the construction is happening in the City of Miami. So I think it's incumbent on us to be leaders on this issue, to take what the County has done in its recommendations, particularly the ones that are very common-sense recommendations, like the one that you just mentioned, and also incorporate what the Federal Government has recommended, what we have stated in the past and update it, and it's an opportunity for us to revisit the issue, and so I make a motion to establish a committee to revisit sea level rise and its impact, taking into consideration all available information sources. Chair Gort: There's a motion. Commissioner Carollo: Second. City of Miami Page 109 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Chair Gort: Is there a second? There's a motion by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Thank you, Mayor, for being here; appreciate it. D4.2 DISCUSSION ITEM 14-00925 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 DISCUSSED Chair Gort: Okay, next, we have 11:30, but I think the parties are here. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. This is a discussion item, D4.2, regarding the satisfaction of a mortgage from Little Havana Activities and Nutritional Center. It's -- Little Havana Activities and Nutritional Center is a senior facility that has provided a variety of services to the elderly in our community, including but not limited to meal services; they have health care services right next door; they provide games; you know, they give us an opportunity to interact with our residents. It's an establishment that has been impeccably run for several decades, and they are coming towards the end of a 30-year note and mortgage that was given through Community Development in 1985 -- '86, I'm sorry; May 2, 1986. And they are doing a tax credit financing where they are going to expand their operations tremendously. And I have put for discussion and for a resolution at the next City Commission meeting the release and cancellation of the mortgage, the satisfaction of the mortgage, because in my opinion, they have satisfied all the conditions and are going to continue to operate in that fashion. They are doing a $15 million expansion, a tax credit project which would obviously dwarf the $300,000 that we gave them, you know, close to 30 years ago. You know, we have supported this entity throughout the years. We continue to support this entity because of its mission and its objective and its goals, and it's a well -run organization. It has residents from District 3, residents from District 4 and from other districts of the City of Miami, and, you know, I think this is the right and appropriate thing for us to do. So I just wanted to put it on for discussion. We'll have it on as a resolution at the next Commission meeting, and hopefully, I'll have the support of my colleagues, because I think that this is something that we should do, and it's an organization that we should continue to support, like we have throughout the years. Thank you, Mr. Chair. Chair Gort: Okay. Yes, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I don't think anybody questions the work that Little Havana Activities Center does. As a matter of fact, I know it started in Little Havana, but it's expanded to various parts of the City and the County, so I don't think anybody ever questions the work that they do -- the great work that they do and all the people that they service. I actually spoke to Mr. Dorrbecker quite a few months back, and he mentioned the City of Miami Page 110 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 issue, and I said that I would follow up with it, and this is something that I have mentioned time and time again. I -- when I heard that it was possibly a CDBG (Community Development Block Grant) issue, my office reached out to Mr. Mensah to see what documents there was, because we weren't really sure what type of loan it was; if there's any requirements. And I'm not saying anything that I didn't tell Mr. Dorrbecker at the time. I can tell you, I haven't received any information. And I spoke to the Manager -- I believe it was Tuesday, and I see Mr. Casamayor saying it, nodding his head "yes." I received loan documents or some type of note at 6:30 last night. Daniel J. Alfonso (City Manager): Right. Commissioner, we met yesterday afternoon, I believe, and -- Commissioner Carollo: No, we met Tuesday afternoon. Mr. Alfonso: Tuesday afternoon; I'm sorry. And you asked for the document. We searched for them and we sent them to you -- Commissioner Carollo: Understood. But prior to that, my office has continuously been reaching out to Community Development to see if there's any type of documents, because the truth of the matter is how -- you know, any type of loan, what is the loan? You know, how could we actually forgive a loan that I'm not sure what type of loan it is, if there's any requirements? 'Cause CDBG is HUD (Housing & Urban Development); it's not necessarily the City of Miami. So what I can tell you is this: I received the information 6:30 last night for today's meeting. You know, unfortunately, you know, I haven't had the time to read this. Now, that doesn't mean that I won't be supportive. That won't -- that doesn't mean that, you know, they haven't established -- and maybe they've met all the requirements; I'm not sure. What I'm saying is I received this information 6:30 via e-mail (electronic) last night for today's meeting, and the good thing is that it's a discussion item. And as a matter of fact, when I saw it as a discussion in the last Commission meeting, I wondered, "Huh. Okay, I haven't received any information, " so I'm sure we'll have a discussion about it. But I think as a fiduciary duty that I have to the City, I need to see exactly what type of loan is it. Is it a Federal? What type of requirements? Is it -- and as a matter of fact, I'm seeing two separate documents: a promissory note and some type of a resolution that starts off saying "$300, 000 of Community Development Block Grants." I would think that has certain requirements. I don't know if they've met the requirements, but as of right now, I welcome the discussion. I would like to ask what type of loan it is, since I haven't had a chance to read it, and I look forward then in a couple of weeks, or whenever the resolution will actually come forward, to be able to then, you know, further discussion and vote on it, but I've said many, many times, we depend on the Administration in order to give us the information for us to make prudent decisions. And I -- obviously, if I haven't even read the documents, there's no way that I can make a prudent decision, because I don't even know what is asked of us, other than forgive a loan. What type of loan? What are the requirements? Who is the loan from? You know, these are questions that need to be answered. And by the way, this has nothing to do with Little Havana Activities Center. Like I started saying, this does not question, whatsoever, the work that you do, because it's obvious, the work that you have done, and like I said, not just in District 3, Little Havana, but throughout the City and the County. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. Couple things. One is I did put this on as a discussion item at the last Commission meeting precisely so that no one would feel that there was any sort of surprise element or anything like that. I think I asked their attorney specifically for the note and mortgage, and I got it right away. The mortgage is a public document; it's recorded in the public record, so it's very easy to get in terms of -- and not just because I'm a real estate attorney so I City of Miami Page 111 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 understand how easy it is to pull a mortgage. You can get it on your computer. I can get it from my phone actually. So, you know, that's why I put it on as a discussion item. I bumped it because we had some discussion with Community Development, and they said they had to notice the resolution, so we decided not to take it up at last Commission meeting, and last Commission meeting, you know, we were tired; I think we ended at 1 o'clock in the morning. So we decided you know, this is going to be a lighter agenda; let's take it up as a discussion item here; discuss it if there's any issues and then we can vote on it in the next one, and I informed them that that was kind of the plan of action. So we got the documents right away, as soon as we asked for them; I think within the same day, and they're very, very short documents; they're not particularly complicated at least for me. I know I'm a real estate lawyer and, you know, for me, I'm accustomed maybe not to this specific kind of transaction, because this is government -related, but I'm very much accustomed to reading note and mortgages. I do it every single day for my clients, so many of them are standardized, so they have very few wrinkles. This particular note and mortgage is not a particularly voluminous note and mortgage, so I think it's good public policy, and I really hope that my colleagues support my effort at the next Commission meeting. Thank you. Chair Gort: Thank you. Yes, sir, you're recognized, Mr. Manager. Mr. Alfonso: Thank you, Mr. Chairman. I would just like to, in general, ask the Commission that when we ask for documents and information, that we address the Manager's Office, because if we're going directly to a department and we're not getting the information, I would like to have the opportunity to respond to those requests. Chair Gort: Thank you, sir. It should be through the Manager's to the department. First of all, listen, let me tell you, I think the Little Havana -- I don't know. I have to think about it. But they were the first "comedores" that were established in the City of Miami. I was one of the founding members. When you walked in there, you'll see a picture of a young man, because I was, I think, 18 or 19 at that time, but it's a great service. They began on 12th Avenue and 8th Street, and they expanded all over Miami -Dade County because of the work they done. If you recall, the County started the -- and HUD started cutting the funds for these type of services, and what they did, they eliminated some of the people that were not performing. They were (UNINTELLIGIBLE) and Little Havana was given all the other comedores throughout the Miami -Dade County. So I'm all in favor of it. The document, when it comes back, I hope we can take care, because they need to get this expedited as to continue to construct additional services. Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Mr. Chairman, thank you. I have a question for Madam City Attorney. Madam City Attorney, I made the same question on the dais of the previous City Attorney, and I want to ask you: Is there any issue with asking a department head, inquiring about documentations regarding something that may come up on City Commission meeting? In other words, inquiring about any type of lease or what type of lease is involved with regards to an item that obviously someone has an issue with or someone would like for the City Commission to take up so we could be inquired as to what type of loan? Do you see any problem with requesting that information? Victoria Mendez (City Attorney): No, Commissioner. You're able to ask questions and get information. You're -- the Charter -- what the Charter prohibits is direction, directing a course of action, or what have you. But you can always make, you know, inquiries and questions of documents you need. City of Miami Page 112 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Commissioner Carollo: So any inquiry regarding "What type of loan; do you know anything about it?" they've come to me, they've asked, you know, if the City Commission would consider it, but I don't know, realistically, what type of loan it is, do you see any problem with me asking that? Ms. Mendez: No, Commissioner, you can ask those questions. Commissioner Carollo: Thank you. And Mr. Dorrbecker, if you remember, at the time that we met, those were my same questions. I actually asked you, "Do you know what type of loan it is? Do you know, you know, what documentation there is?" And I said, "I will inquire from the City." So that's -- yeah, please. Ramon Perez-Dorrbecker: Good morning, Commissioner Carollo. My name is Ramon Perez-Dorrbecker. I'm the president and CEO (Chief Executive Officer) of Little Havana Activities Center. In order to appease your concerns and your worries, I brought with me my -- our corporate attorney, which is Nanette O'Donnell, and I -- if you allow us, I think that she can clam all those worries that you have and help you go ahead and proceed with our request. Can I -- can she address the Commission? Chair Gort: Yes, sir. Go ahead. Commissioner Carollo: Yes. Nanette O'Donnell: Good morning. My name is Nanette O'Donnell. As Mr. Dorrbecker said, I am corporate counsel for Little Havana. I reviewed the documentation that is at issue here, and my recollection is that the mortgage is a relatively standard mortgage that doesn't have a whole lot in it in terms of obligations. The obligations arise out of the promissory note, and in the promissory note, there were two items that Little Havana had to abide by. One was a 1986 meals agreement, which generally has a term of either one year or two years. So obviously, we complied with the terms of the 1986 meals agreement. The second requirement was that they continue to serve the elderly meals at those locations. Well, obviously, we've continued to serve meals at those locations, and we now serve meals, I believe, at either 15 or 16 locations. So those were the two items that the note required to be met. The note did not require any payments to be made at any time. The note did not provide for any interest to be paid at any time; only upon a default. And that's essentially the entire deal. Chair Gort: Thank you, ma'am. Commissioner Carollo: Mr. Chairman? Chair Gort: Yes, sir. Commissioner Carollo: And thank you. And I just want to make sure that everybody does understand the note that you are mentioning is the one that I received at 6:30 in an e-mail that I still haven't had a chance to even -- Ms. O'Donnell: Understood. Commissioner Carollo: -- read it. Ms. O'Donnell: Understood. Chair Gort: (UNINTELLIGIBLE), got it. Commissioner Carollo: And that's why, you know, my questioning, because -- you know, so -- City of Miami Page 113 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 Ms. O'Donnell: No problem, whatsoever; understood. Commissioner Carollo: And it's not -- and in all fairness, this is a discussion item, so it's not like we're voting on it today. Ms. O'Donnell: Sure. Commissioner Carollo: I'm sure by the time that it comes to a vote, I'll have plenty of time to read it, but I just want to make sure that, you know, we put all the facts, lay it out. Ms. O'Donnell: Of course, of course. Commissioner Carollo: Because even though I may be supportive, doesn't necessarily mean that the process is correct, and I'm not going to do something that is not, you know, with the best intentions to, you know, service my fiduciary duties to the City. Ms. O'Donnell: Understand. Commissioner Carollo: Thank you. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. Ma'am, I just want to ask you one more question for the record. Thank you. I just wanted to -- I know the answer to the question, but I want you to state it for the record, which is: Upon receiving this financing, this new financing, you will continue to provide services, right? Ms. O'Donnell: Absolutely. The new market tax credit loans are conditioned on our continuing to provide not only the meals, but a variety of other services that we normally provide, and there is a minimum time frame of seven years after that. Commissioner Suarez: And that's why I think it's important, because that shows that you're substituting an obligation for another that extends beyond what would have been the life of this Ms. O'Donnell: Correct. Commissioner Suarez: -- obligation. Ms. O'Donnell: Correct. And when Mr. Ramon Perez-Dorrbecker wrote a letter to Mr. Mensah, I think sometime in August, in that letter, we specifically pointed out that the new market tax credit allocation would require the company to continue its mission, which I'm sure we'll continue even beyond the seven years. Commissioner Suarez: Sure. I think you will. Chair Gort: Thank you, ma'am. Ms. Mendez: Chairman, Chairman, Mr. Chairman. Chair Gort: Yes. Ms. Mendez: If there is any concerns, the other thing that we can -- if it's the will of this Commission, it could be a release of the mortgage, but then a covenant can be in -- placed in its City of Miami Page 114 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 place to continue providing -- Chair Gort: Yes, sir. Commissioner Carollo: Services. Chair Gort: Yes, sir, you're recognized. Mr. Perez-Dorrbecker: I just wanted to add something else to what has been said here, and it's the fact that back almost 30 years ago, that property that is on Southwest 8th Street and 7th Avenue was purchased not only with $300, 000 from the City of Miami, but it was also from the State of Florida that -- which provided $450,000, okay. Those $450,000 were forgiven, okay? We don't owe anything. It was given to us, and it was forgiven by the State. So the State -- normally, when you -- when they give you some money for a particular project, they state that that money will be granted and you can use it as long as you provide the services that you said originally you were going to do for so many years. If, after a certain period of time, like 15 years, which is the norm, you keep on providing those services, they forgive the loan; they forgive the loan. I know that you have all -- all you Commissioners have really, really, really supported this organization throughout the years, and I'm really appreciative of that; so are the customers that we serve and our board of directors. So I beg you and ask you, please, forgive this loan; it's been 30 years; we've done our job. The building we're going to build there is going to enhance Southwest 8th Street; it's going to be a gorgeous building; it's going to be a 40, 000-square feet building and it's -- the participants are going to be extremely comfortable and so are you when you go visit us. So appreciate your support. Thank you. Chair Gort: Thank you. George, you want to speak? George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. From August, we been having discussion with the Little Havana Activities Center, and the -- one of the issues that, you know, we talked about -- and I had drafted a memo to be given to all Commissioners, which included the notes and maybe -- probably about three weeks ago, 'cause when I saw it on the agenda, one of the first things that I directed the District 4's attention was that these CDBG funds, and therefore, we cannot just make action; we have to publicly notice it. So we did publicly notice it, and the notice basically says satisfaction of the mortgage to -- of this particular mortgage. Now, one of the issues that we have is that unlike general funds where we can easily come here and just make decisions, with CDBG funds, we are audited annually by Federal Government, and so one of the things that they typically say is that they typically -- when they do the audit and they provide the finding, they typically say that the City did not obey their own regulations or their own policies and those things. In the past, for whatever reason, the City decided that they would provide a mortgage, which, basically, is in perpetuity, that says that just provide this quoted amount. We don't do that anymore. Typically, we provide 30 years, 20 years, or something. So what we've said is that you -- we will satisfy this mortgage; we just have to have a reason. Their mortgage being in place for 30 years is definitely not a reason for us to say that we're going to release it, because there is no money involved in it; it doesn't make -- you know, make any difference to them. Now, one of the good reasons is -- this is what they told us -- which means that -- Commissioner Suarez: Right. Mr. Mensah: -- we are going to have a (UNINTELLIGIBLE) investment of $15 million (UNINTELLIGIBLE), which is a perfectly good reason, and for that reason, we need to have this property -- Chair Gort: Documented. City of Miami Page 115 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 NA.1 14-01066 Mr. Mensah: -- free and clear, and so we are prepared to come back in October and finish this up. Thank you. Chair Gort: Thank you. Commissioner Suarez: It's not a fairly good reason; it's an extremely good reason. You're getting a lot of leverage on your money. Chair Gort: Thank you. By the way, Commissioners, I understand we have the right to request in writing from any department any information we want. I think what the Management is asking for, to be copy; for the reason is if the department does not comply with our request, we going to ask him why, and if he doesn't have notice of that, he won't be able to answer. So I think he's -- the Manager's asking that as a courtesy to him. Thank you. We all for it; we just got to do the paperwork; then you're going to get it. Thank you. Chair Gort: Next. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: There's only a couple of items left, some PZ (Planning & Zoning) items that are going to be after 2. Chair Gort: Right. Commissioner Suarez: And then two discussion items. My discussion item -- my other one, which is discussion of sea level rise, if I could, I would prefer to have it after lunch, if possible, because -- Chair Gort: No problem. Commissioner Suarez: -- maybe some people corning to talk on that item. Chair Gort: Okay. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM CITY ATTORNEY MENDEZ MADE A BRIEF STATEMENTAS REQUIRED BY FLORIDA STATUTES THAT AN ANNOUNCEMENT BE MADE ATA COMMISSION MEETING PRECEDING THE MEETING WHERE THE COMMISSION WILL OR MAY CONSIDER THE DESIGNATION OF BROWNFIELDS; AND AT THE OCTOBER 23, 2014 COMMISSION MEETING, THE COMMISSION WILL CONSIDER A RESOLUTION DESIGNATING City of Miami Page 116 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 ARMBRISTER PARK LOCATED AT 4000 GRAND AVENUE AND COCONUT GROVE FIRE RESCUE TRAINING CENTER LOCATEDAT3900 THOMAS AVENUE AS BROWNFIELD SITES WITHIN THE CITY OF MIAMI, FLORIDA. Barnaby Min (Deputy City Attorney): Mr. Chair. Chair Gort: Yes, sir. Mr. Min: I believe the City Attorney earlier had read a notice concerning an item that's coming in October 23 concerning some brownsfield designations. We have some updated addresses, so I need to read an amended notification, if that's acceptable? At the October 23, 2014 City Commission meeting, the Commission will consider a resolution designatingArmbrister Park at 4000 Grand Avenue and the fire training facility at 3900 Thomas Avenue for the purpose of environmental rehabilitation, pursuant to Florida Statute Section 276.80. That's it. Thank you. Commissioner Suarez: Mr. Chair -- Mr. Planning Director. Chair Gort: Second reading. Commissioner Suarez: Mr. Chair, just a quick question. Would it be possible -- is it possible, without a quorum, to hear the presentations and the public --? It's not? No? Okay. Just wondering. Because it's -- we're not taking any action, and so I'm just wondering. Mr. Min: There needs to be -- Commissioner Suarez: Got it. Understood. Okay, sorry. I'll be here. Not going to the gym yet. Want to. Later... Chair Gort: We have anything else? Victoria Mendez (City Attorney): I need to read something, Chairman. Chair Gort: Sure. Ms. Mendez: IfI may? At the October 23, 2014 City Commission meeting, the Commission will consider a resolution designatingArmbrister Park at 236 Grand Avenue and the Fire Training Facility at 3425 Jefferson Street for the purpose of environmental rehabilitation, pursuant to Florida Statute Section 276.80. Thank you. Chair Gort: What was that again? I'm sorry. Ms. Mendez: I just have to read that for the record. It's an item that's going to be coming on October 23 for your consideration at that time, but I just have to read for the record this little statement. Chair Gort: Read it again a little slower. Ms. Mendez: Oh, okay, sorry. At the October 23, 2014 City Commission meeting, the Commission will consider a resolution designatingArmbrister Park at 236 Grand Avenue and the Fire Training Facility at 3425 Jefferson Street for the purpose of environmental rehabilitation, pursuant to Florida Statute Section 276.80. Thank you. Chair Gort: Thank you, ma'am. City of Miami Page 117 Printed on 12/8/2014 City Commission Meeting Minutes October 9, 2014 The meeting adjourned at 6:12 p.m City of Miami Page 118 Printed on 12/8/2014