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HomeMy WebLinkAboutCC 2015-05-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, May 14, 2015 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 May 14, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM (S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 14th day of May 2015, 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 9:04 a.m., recessed at 12:16 p.m., reconvened at 3:44 p.m., and adjourned at 8:14 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chamber at 9:05 a.m., Vice Chair Hardemon entered the Commission chamber at 9:07 a.m., Commissioner Suarez entered the Commission chamber at 9:13 a.m., and Commissioner Carollo entered the Commission chamber at 9:38 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniell Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning, everyone. Welcome to the City of Miami Commission meeting on May 14, 2015, in the historic chambers. The Commission on the dais will be Commissioner Frank Carollo; Commissioner Sarnoff Commissioner Francis Suarez; Vice Chairman Keon Hardemon; and myself Chairman Wifredo "Willy" Gort. Also on the dais, you have Daniel Alfonso, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. At this time, I'm going to ask you to please stand. Mr. Manager, will you do the pledge. Pledge of allegiance delivered. Chair Gort: At this time, will you remain standing. Invocation delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00620 PRESENTATION Honoree Presenter Protocol Item Miami Bayside Mayor Regalado Certificates of Foundation Scholarship Merit Winners Miami Northwestern Sr. Vice Chair Proclamation High School Girls Track & Hardemon Field Head Coach Carmen Jackson Miami Northwestern Sr. Vice Chair High School Girls Track & Hardemon Field Team Commander Winsor Lozano Mayor and Commissioners Salute Proclamation City of Miami Page 3 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 Solid Waste Employees Commissioner Commendation Ifoxa Predestin Suarez and Mayor William E. Hayward Willie Bealis (liana Forte Chairman Gort Certificate of Appreciation Taylor Moxey Vice Chair Salute Hardemon 15-00620 Protocol Item.pdf 15-00620-Submittal-Nathan Kurland -Miami Bayside Foundation Annual Report 2014.pdf PRESENTED 1) Mayor Regalado and the Commissioners joined the Miami Bayside Foundation and paid tribute to 25 scholarship recipient students from the City of Miami Public Schools for their dedication and commitment to inquiry and critical thinking that resulted in exceptional achievement; moreover applauding their discipline and perseverance and valuing their outstanding performance in the successful completion of the academic program at the various high schools in the City of Miami. 2) Vice Chair Hardemon presented a Proclamation to Carmen Jackson, Head Coach of Miami Northwestern Senior High School Girls Track and Field team, proclaiming Thursday, the fourteenth day of May in the year two thousand and fifteen, as Carmen Jackson Day; recognizing her as a Miami native, who has enriched our community through outstanding participation in many athletic competitions beginning in 1975 and throughout her academic career as a student and coach, the City honored her years of excellence and formidable coaching talents as an influential teacher, mentor, trainer, strategist, disciplinarian, counselor and friend to her students that has enabled the girls track and field team to win seven consecutive state championship titles in Track and Field from 2008 to 2015. 3) Vice Chair Hardemon presented a Salute to the Miami Northwestern Senior High School Girls Track and Field Team for an impressive athletic achievement occasion of the seventh consecutive state championship title; paying tribute to their dedication, discipline, perseverance and contribution to the team; moreover commending them for their athletic excellence and applauding their extraordinary success. 4) Mayor Regalado and the Commissioners presented a Proclamation, proclaiming the fourteenth day of May in the year 2015 as Commander Winsor Lozano Day paying special acknowledgement to twenty-nine years of superior work, a tenure representing the hallmark of integrity and excellence in the professional operations of the City of Miami Police Department and outstanding leadership in a supervisory capacity as a NET Commander; furthermore wishing him health, happiness and success in his retirement. 5) Commissioner Suarez joined with Mayor Regalado and Fire Chief Kemp presented Super Hero Commendations to the following three Solid Waste Employees: Ifoxa Predestin, William E. Hayward and Willie Bealis for demonstrating an inspiring sense of duty, quick thinking and responsiveness during an emergency on their route, in which they helped save a child's life by performing CPR until the Department of Fire Rescue arrived. City of Miami Page 4 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 6) Chair Gort presented a Certificate of Appreciation to Judge Iliana Forte, thanking her for her diligence, hard work and dedication as Assistant City Attorney in the Office of the City Attorney of the City of Miami; furthermore honoring her wonderful commitment to civic responsibility and communal welfare as a City employee and for being a source of inspiration and a wellspring of goodwill, representing the kind of vision and service that make Miami a great place in which to live and work; moreover, expressing gratitude for her commitment to elevate the quality of life in Miami. 7) Vice Chair Hardemon presented a Salute to Taylor Moxey, paying tribute to the eight year old Miami -Dade County School Student and CEO of Taylor The Chef'or her dedication, commitment and outstanding work to benefit children and adults in our community who suffer from dyslexia; furthermore for supporting TECHO.org which builds homes for those in need in Latin America and the Caribbean. Chair Gort: Well, welcome, you all. It's a great audience we have here. My understanding is we have a lot of young individuals here that are going to be moving off to college, thanks to some of the help from the Bayside Foundation. We have a few -- I also would like to give, but I'd like to ask for more of the Commissioners in here; as soon as they get here, we'll get going. Thank you. I apologize; I don't remember Miami High's. It was too long ago that I graduated Vice Chair Hardemon: See, he has the advantage. He took the mike; that's not right, right? Chair Gort: Maybe the Chief can remember. At this time, we have a lot of young people waiting for some good news, so Nathan Kurland, could I have you come up so you can help us introduce, and you? Thank you. That's a good way to open a meeting; a lot of enthusiasm. Nathan is the chairman of the Bayside Foundation, along with Kathleen, executive director. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: Okay, do we have any minutes? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the regular meeting minutes from the April 9, 2015 City Commission meeting. Commissioner Suarez: Move it. Chair Gort: Been moved. Is there -- Commissioner Carollo: Second. Chair Gort: -- a second? It's been moved, Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES MAYORAL VETOES City of Miami Page 5 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 ORDER OF THE DAY NO MAYORAL VETOES Chair Gort: Do we have any veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Madam Attorney, will you go over the procedures? Madam Attorney. Daniel J. Alfonso (City Manager): Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. We will now begin the regular portion of the meeting. Any person who is a lobbyist much register with the City Clerk and comply with the related City requirements for lobbyists 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 becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may not the City Clerk. Lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Mr. Manager. Mr. Alfonso: Good morning, Mr. Chairman, members of the Commission. The Administration would like to withdraw DL4. Chair Gort: DI 4. Mr. Alfonso: D1.1; and defer to May 28 D4.1; 4.1. Chair Gort: Any of the Commissioners have any item they'd like to -- Commissioner Suarez: Mr. Chair. Chair Gort: You're recognized. Commissioner Suarez: I'd like to withdraw FR.1. Chair Gort: Okay, anyone else? City of Miami Page 6 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'd like to defer SR.2. Chair Gort: SR.2? Commissioner Carollo: Yes, please. Todd B. Hannon (City Clerk): And to what date, sir? Commissioner Carollo: I would like to say the next meeting, but I think it'll be more beneficial if we do it to the first meeting in June. Mr. Hannon: Yes, sir. Commissioner Carollo: That'll give me ample time to go over it and see exactly what we have. Mr. Hannon: Yes, sir. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, you're recognized, sir. Commissioner Suarez: Can we break up the votes on the deferral or the withdrawal ofFR.1 and the deferral of SR.2, please? Because I don't want to lump the withdrawal request that I'm making with the deferral request that Commissioner Carollo is making, because I don't -- I won't support his deferral request. So I just want to -- we can talk about it independently, but I don't want to vote on it together, because I don't agree with that. Chair Gort: Okay. Mr. Hannon: Excuse me, Chair. Chair Gort: Yes. Mr. Hannon: If I may, what we could do is leave FR.1 and SR.2 out of the order of the day deferrals and withdrawals -- Chair Gort: Right. We'll take them up individually. Mr. Hannon: -- and take them up individually, and you can do your individual continuance, deferral, withdrawal at that time. Chair Gort: Okay. Commissioner Suarez: That's perfect. So I will move DI -- DI.4, DI.1 and D4.1 as articulated by the Manager. Chair Gort: Okay, there's a motion, and it's been second? Commissioner Carollo: Second. City of Miami Page 7 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Can we do a withdrawal ofFR.1, please? Mr. Hannon: Yes. If you would like to take up SR.2 or FR.1 right now, you may do so. Chair Gort: No, no, no. We have some persons that's been waiting for a while, and I'd like to recognize him, and I apologize for taking so long. I have a couple of personal presentation. At this time, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 8 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00479 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS IN AN AMOUNT NOT TO EXCEED $975,000.00, CONSISTING OF A GRANT AWARD FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), TO THE CITY OF MIAMI, TO UNDERWRITE COSTS ASSOCIATED WITH A POLICE CAMERA PILOT PROGRAM AND ENHANCED POLICING SERVICES WITHIN THE SEOPW CRA REDEVELOPMENT AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00479 Summary Form.pdf 15-00479 CRA Pre-Legislation.pdf 15-00479 Legislation.pdf 15-00479 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0202 CA.2 RESOLUTION 15-00476 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Attorney PAYMENT OF $94,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI ("CITY"), IN THE CASE OF ELMER GONZALEZ V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 13-22017 CA 22, UPON THE DISMISSAL OF THE CITY WITH PREJUDICE, ADOPTING THE PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING SETTLEMENT FUNDS FROM ACCOUNT NO. 50001.302001.545013.0000.00000. 15-00476 Memo - Office of the City Attorney.pdf 15-00476 Memo - Budget Sign-Off.pdf 15-00476 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0203 CA.3 RESOLUTION City of Miami Page 9 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 15-00435 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Estate and Asset SUBMITTED BY COMMERCIAL LAUNDRY EQUIPMENT COMPANY, INC., Management THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BID NO. 481340, IN THE AMOUNT OF $56,595.00, FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, FOR THE PURCHASE AND INSTALLATION OF SPEED QUEEN LAUNDRY SYSTEMS FOR THE NEW DINNER KEY MARINA OFFICE BUILDING, ALLOCATING FUNDS FROM ACCOUNT 40-B30706, AWARD 1437. 15-00435 Summary Form.pdf 15-00435 Bid Tabulation.pdf 15-00435 Corporate Detail.pdf 15-00435 Invitation For Bid.pdf 15-00435 Back -Up - Washer Revenue.pdf 15-00435 Back -Up from Law Dept.pdf 15-00435 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0204 Adopted the Consent Agenda PA.1 15-00474 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda. Commissioner Suarez: So moved Chair Gort: It's been moved by -- Commissioner Sarnoff. Second. Chair Gort: -- Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PERSONAL APPEARANCES PRESENTATION A PERSONAL APPEARANCE BY MS. CARMEN GIMENEZ ON BEHALF OF THE "I AM A HERO, I SAVE LIVES" AND "USA REFUGEES & IMMIGRANTS" ORGANIZATIONS TO UPDATE THE CITY COMMISSION ON THEIR City of Miami Page 10 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 PH.1 15-00305 Department of Real Estate and Asset Management COMMUNITY INITIATIVES. NOT PRESENTED END OF PERSONAL APPEARANCES PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY ONE THOUSAND EIGHT HUNDRED NINE (1,809) SQUARE FEET, TWELVE (12) FOOT WIDE, OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 5215 NORTHEAST 7 AVENUE, MIAMI, FLORIDA (KNOWN AS MORNINGSIDE PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. 15-00305 Summary Form.pdf 15-00305 Notice to the Public.pdf 15-00305 Legislation.pdf 15-00305 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0205 Chair Gort: PH.1. Daniel J. Alfonso (City Manager): PH.1. Commissioners, PH 1. is a resolution granting an easement to Water & Sewer Department for access to Morningside Park. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff. City of Miami Page 11 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. It's 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 hearings. Do I have a motion? Commissioner Suarez: Moved. Todd B. Hannon (City Clerk): It's already been moved and seconded. Chair Gort: It's been moved and second; no further discussion. All in favor, state it by saying "aye. The Commission (Collectively): Aye. END OF PUBLIC HEARINGS SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 15-00309 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE Clerk HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ARTICLE XI/DIVISION 14, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD," SECTIONS 2-1201 THROUGH 2-1207, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(b) and 2-892(4)(g)(1) TO DELETE SAID BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00309 Summary Form SR.pdf 15-00309 Pre -Legislation FR/SR.pdf 15-00309 Legislation FR/SR.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 13517 Todd B. Hannon (City Clerk): Good morning, Commissioners. SR.1 is an ordinance of the Miami City Commission abolishing the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board by repealing in its entirety Chapter 2, Article XI, Division 14, entitled "Administration, Boards, Committees, Commissions/Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, " Sections 2-1201 through 2-1207 of the Code of the City of Miami, Florida, as amended; and by amending Chapter 2, Article XI, Division 2 of the City Code, entitled "Administration, Boards, Committees, Commissions/Standards for Creation and Review Boards Generally"; more particularly, by amending Sections 2-887(b) and City of Miami Page 12 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 SR.2 15-00356 2-8924(g) (1) to delete said board; containing a severability clause and providing for an effective date. Chair Gort: Thank you. It's a public hearing. Is anyone in the public like to address this issue? Is anyone in the public? Seeing none, hearing none, close the public hearing. Do I have a motion? Commissioner Suarez: So moved. Chair Gort: Been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, this is a ordinance. Mr. Hannon: I'll -- I've read the title into the record, so we will proceed with the roll call. Roll call on SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION" MORE PARTICULARLY BY AMENDING SECTION 23-6.4 ENTITLED "SIGNAGE," TO CLARIFY THE DEFINITION OF DISTRICT MARKER SIGN, AND TO EXEMPT DISTRICT MARKER SIGNS FROM CERTAIN REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00356 Legislation FR/SR.pdf 15-00356-Melissa Tapanes-Llahues-Welcometo Little Havana Sign with Advertising.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo 13518 Chair Gort: SR.2. Commissioner Suarez: Mr. Chair, can I be recognized on SR.2? City of Miami Page 13 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Yes, sir. Commissioner Suarez: Thank you. SR.2 is an item that I sponsored on first reading and sponsor again on second reading. It passed unanimously on first reading. The Administration asked at the time -- I know Commissioner Carollo wasn't here on first reading -- but the Administration asked at the time for 30 days. It's been, in fact, five weeks, so it's been longer than 30 days since this was first discussed. I know that there's like a dueling ordinance, which is why I asked it be withdrawn, because it was not approved by the City Attorney with respect to form and properness; and, in fact, she has proffered language, which is very, very slight in nature, to add to SR.2 so that SR.2 would be acceptable, and she's actually signed off on SR.2. I know that there are various stakeholders in the community that are desirous of taking advantage of this and have been very, very patient for a long period of time. And with that, I move the item. Commissioner Carollo: Mr. -- Chair Gort: There's a motion. Is there a second? Commissioner Carollo: -- Chairman. Chair Gort: Is there a second? Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin that the Administration put FR.1 there as I guess you could say a competing ordinance, and when you withdrew it, I was okay with it, because I'm really not sure why they would put it and not challenge the withdrawal or what's going on. I don't know if this is some type of backroom dealings, but I -- the bottom line is I don't know what's going on. This heavily -- it's a mural, sign -- I don't know what you want to call it -- in District 3, and all I'm asking is for a deferral so we see exactly what's being asked; what the City Attorney -- is now an amendment, I guess, because it's not here in writing -- is requesting and where we are. I think Commissioner Suarez just mentioned a few minutes ago that collegiality and compromise usually leads to great results. Commissioner Suarez: Absolutely. Commissioner Carollo: So all I'm asking is for a little bit of time on an issue that is in District 3 so we could see exactly where we are, we could iron it out and do the prudent thing; it's as simple as that. I think it's extremely reasonable. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Well, first, I want to just mention for the record that this is not a District 3-specific item; this is a citywide ordinance. It passed unanimously, 4 to nothing, on first reading. It, as oftentimes happens, has been amended in some very small fashion, which I'll ask the City Attorney to read into the record. There may be stakeholders in his district that want to avail themselves of it, you know, and I know they've been reaching out to our office for many, many months and years, I would say, on this issue. I think that's why the Mayor felt persuaded to support the item and to sponsor it; I think that's why the Commission felt persuaded to vote for it on first reading. In terms of time, we -- you know, we gave -- the Administration asked for 30 days. We gave the Administration five weeks, so we gave the Administration more time than what the Administration asked for. I think there's been internal debate about what chapter it should City of Miami Page 14 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 go in, and where exactly, and what the, you know, specificity of the language should be. But I think that, you know -- and, certainly, I'm open in the future to tightening up an ordinance. I just think, in fairness, you know, this is something that has been debated ad museum, you know; again, passed unanimously on first reading. Commission -- you know, the Administration asked for 30 days. We gave them move than 30 days, so there's been ample time to brief on it, to study it, to discuss it, to debate it, and I just think, you know, it's unnecessary to defer it again, and to do more than already has been given. So it's not about a lack of collegiality. I think it's the exact opposite. I think, you know, what we -- what I did in this legislation that I sponsored with the Mayor's co -sponsoring is I was very collegial in listening to the Administration's concerns, giving them actually more time than what they originally asked for. I just think, in fairness, it's time to, you know, vote on this issue and move on. Madam City Attorney, can you read very quickly the revisions that you had suggested to SR.2? Victoria Mendez (City Attorney): Yes, thank you. To bring more compromise between the two ordinances, basically, the changes would be one and throughout the document, to change, "gateway sign" to "district marker sign," so it's just that change throughout the document. Chair Gort: I'm sorry, what's the change again? Ms. Mendez: To change the "gateway sign" to call it "district marker sign "; just change the -- Commissioner Suarez: The name. Ms. Mendez: -- term, basically. And then in the first -- in the second paragraph that -- labeled "exemptions, " for this type of sign just to be in the cultural specialty district and the art/theater district, pursuant to Chapter 4; so not in the other districts; so just limited to that district. And then, finally, to remove the Chapter 62 references through the ordinance and just say "compliance with State and Federal laws"; so it's those three changes. Commissioner Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I haven't even had a chance to speak to the Mayor about this, and he's not here; unfortunately, I didn't know he was going to be out of town. So, you know, I think out of courtesy to all of us, I think we should have more time. As a matter of fact, yes, the Administration had 30 days, and they came up with a new ordinance. So that was their 30 days; they came up with a new ordinance. And I'm even misreading from our briefing to what's happening now. So it's been changing day by day, andl don't think it's fair. And I think what I'm asking for is pretty reasonable, you know, an additional two weeks. I don't think there's going to be any change in two weeks. I don't think there's going to be any hardship for two weeks. I just don't see it. And if there is, please come up and speak to me. I mean -- Commissioner Suarez: And that's my point. If there's not going to be any changes in two weeks, and there's not going to be any hardship, then why don't we just do it now? That's my point. Commissioner Carollo: What I'm -- Commissioner Suarez: I mean, if there isn't going to be any changes. Commissioner Carollo: -- when I mean changes, I mean hardship changes. Commissioner Suarez: Oh. City of Miami Page 15 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: That's what I mean. Commissioner Suarez: Okay. Commissioner Carollo: I don't think there's going to be any hardship changes, and if there are, please come up and let us know. You're saying people from this area -- you know, let them come up and speak, because, I mean, in all fairness, I just don't see what a very reasonable request -- and in the past, this Commission has stated many times, when a district Commissioner asks for a deferral -- when any Commissioner asks for a deferral, they receive it. And if we're going to change the rules as we go along, you know, so be it. Commissioner Suarez: No. Commissioner Carollo: It's going to be the wild, wild west. Commissioner Suarez: That's definitely not a rule. Chair Gort: Okay, thank you. Let's go have the public hearings. Anyone in the public would like to address this issue? Peter Ehrlich: Good morning, Mr. Chair, Commissioners. My name is Peter Ehrlich. My address is 720 Northeast 69th Street, and I'm also a co-founder at Scenic Miami. We fight billboards, illegal billboards and visual pollution, including the proposed 60-story LED (light -emitting diode) billboard tower that the CRA (Community Redevelopment Agency) heard recently. We're supporting Commissioner Carollo on this; certainly asking for a deferral. We think there's problems with the legislation. If you look on page 2 of 2 of the proposed legislation, it says that these billboards can be not greater than 5,000 square feet. Now, that's a massive advertisement; that's 50-feet wide-by-I0 stories tall. And the commercial message of no more than 15 percent of the area, a commercial message of 15 percent of 5,000 square feet is 450 square feet. That's a massive, massive billboard. We saw a few years ago Heineken illegally put up billboards all over the City, in their green color, the green Heineken color, and they put green Heineken bottles, and in a little corner, they'd stick a Heineken logo. But it was very obvious to everybody they were branding, using the entire illegal billboard to sell product, to sell beer. We support deferral on this, and think a lot more work needs to be done on this legislation to protect the citizens from additional visual pollution. Thank you very much. Chair Gort: Thank you. Next. Commissioner Suarez: Mr. Chair, may I just jump in real quick? Just real quick. Chair Gort: Let's finish the public hearing. Commissioner Suarez: Okay, thank you. Chair Gort: Write it down and then ask the question later, please. Commissioner Suarez: Okay, cool. Chair Gort: Yes, sir. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Welcome to Coconut Grove, brought to you by Pepsi Cola, the new liquid Viagra called `Mount and Dew." Welcome to Coral Gate, home of Francis Suarez, running for an additional four years for Commissioner, District 3. City of Miami Page 16 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: District 4. Mr. Kurland: District 4; excuse me, Commissioner. Once again -- Chair Gort: If you're going to give a message, get it right. Mr. Kurland: -- we need protection. We need protection from you. We are not opposed, or at least I personally am not opposed, as a member of Scenic Florida, Scenic Miami -Dade and Scenic Miami. We're not opposed to gateway signs. We're opposed to advertising on gateway signs. This is nothing more than increasing the proliferation of visual pollution in our City; it's not necessary. You want to announce a neighborhood, go for it, but there's no reason to have additional signage, additional advertising. We need to stop this once and for all. We need protection. Wear a condom on every conceivable occasion. Well, we need to wear a condom to protect ourselves from this proliferation, once again, of advertising in our City. Please, Commissioners, be our representatives and say "no" to this ordinance. Thank you. Chair Gort: Thank you. Mariano Cruz: Morning. Mariano Cruz, 1227 Northwest 26th Street. To me, it doesn't bother me, the advertising, because anyway, this is a country of advertising. Think -- you think we would have it -- if we didn't have advertising, you wouldn't know what's going on around. I like advertising. I take what I want, and what I don't want, I don't take it. I don't have to buy everything I see, okay? If I want to buy, that's okay; if I don't want to buy, that's all right. But advertising should be there. I don't -- I agree, or disagree, or whatever, but I have the right to do it. I have -- I got -- I am using my First Amendment right to speak. Thank you. Chair Gort: Thank you. Melissa Tapanes-Llahues: Good morning, Chair, Commissioners. My name is Melissa Tapanes-Llahues, the law firm of Bercow, Radell and Fernandez, 200 South Biscayne Boulevard, Miami. I'm here representing Spanny Cleaners, the property owner at 2529 Southwest 8th Street. It's very important to have a little bit of background history on the -- this legislation. For over 35 years, Enrique Chantres has welcomed the community to Little Havana, utilizing a "Welcome to Little Havana/Bienvenidos a la Pequena Havana," at his property. This existing signage is an iconic feature that has been featured in numerous international publications, as well as television for all the Carnival Miamis, all the festivals that really make 8th Street what it is today. The way that this legislation is drafted is very narrow to the Art & Theater Cultural Specialty District. It is not a proliferation of signage; it is simply to deal with an existing situation. We have been working with the Administration for over three years on this issue. We availed ourselves of what is our fundamental right under the City of Miami Charter to redress the lack of movement in the Administration by going to our elected leaders. The Mayor spoke at first reading very passionately on the subject. Commissioner Suarez has co -sponsored this item. This is a citywide issue, a community issue that is very fundamental to Little Havana, the Latin community and what is a tourist and economic development model that has become Southwest 8th Street, Calle Ocho. This is simply a -- to deal with legalizing a commercial sponsor to a community message that has, again, been in existence for over 35 years. We urge you to move forward with this item. We have been waiting for years now, working with the Administration; the City Attorneys Office, the Planning & Zoning director, the Code Enforcement. The sign has been in compliance. We're eager to move forward. The hardship as far as timing is we want to bring -- the property is in compliance and we wish to go forward with the Code Enforcement process so that we can put this issue aside; again, it's one that has been in the making for years. Commissioner Carollo, we have reached out to your office for months now. We did have the opportunity to meet in person, and we've been following up with your staff on a nearly daily basis to make you aware of the legislation before you. We urge your support of this item and the withdrawal of the City of Miami Page 17 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Administration's competing item. We do not believe it's legally sufficient. We think that it creates an inordinate burden on our client to move forward with what is there today, and we urge for your support. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Go ahead. Commissioner Carollo: Thank you, Mr. Chairman. To clear up, when we did meet in my office, and I agreed to meet, the meeting ended when there is the discussion of potential litigation against the City of Miami, and I didn't have counsel there present, and I requested that our City Attorney be involved, especially when there's any threats of potential litigation in the future. And this is -- and what you're seeing right now is exactly, you know, an issue in a district, in a district location, and we're making a citywide ordinance just to fix one location in the City of Miami is what exactly you're seeing. And again, I'm open to it, but at the same time, I need time to see exactly what's going on. I still don't see why or what exactly has occurred that the City Administration put this new ordinance forward; I still don't know the reason. They had 30 days. They still haven't explained why they put this new ordinance forward. The Mayor's not here. You know, people do change their minds in 30 days. And I'm not saying he's changed his mind or not, but I would like the avail -- the opportunity to speak with him. And again, listen, when I do things, I want to make sure I do things right. And I may be in favor of something, or may be against it, but sometimes, the process is what really, really, really is done improper. And the way it is being done, I think is improper; I really do. And my request is simple: an additional two weeks. I mean, I think that's extremely reasonable. And I'm saying this because I cannot pass an ordinance or I cannot pass a resolution just for the financial benefit of one person. I cannot do citywide; I cannot do citywide ordinance for the financial benefit of just one person. That's the bottom line. Ms. Tapanes-Llahues: Commissioner Carollo -- Chair Gort: Excuse me, wait a minute, wait a minute. Excuse me, let him finish, let him finish. Ms. Tapanes-Llahues: Commissioner Carollo -- Chair Gort: Excuse me. Ms. Tapanes-Llahues: -- first and foremost, there has never been threat and litigation against the City of Miami. Our discussion was one dealing with the judicial aspects of the existing Code Enforcement issues. Number two, it's very important for this Commission to understand that gateway signs have already been approved in the City of Miami with the Administration's support as part of the Miami Design District Retail Street Special Area Plan, with no mention of the -- Commissioner Suarez: For one very wealthy person, I might add. Excuse me. Ms. Tapanes-Llahues: And that was done with the Commission's support, and the Planning & Zoning director as the co -applicant. So this is not an issue just benefiting one person. It's an issue to move forward with exact precedent approved through the City of Miami and this Commission that's already existing under Miami 21, and avail this property owner of that same benefit which has already been in existence for over 35 years. Unlike in other situations, this has a community message with just a commercial sponsor; and again, it's been in existence for 35 years. City of Miami Page 18 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Real quick. How often does that community message change? Ms. Tapanes-Llahues: The community message -- Commissioner Carollo: Yeah. Ms. Tapanes-Llahues: -- has remained the same for 35 years. Commissioner Carollo: I don't think that is true, because, as a matter of fact, we've been working on that site for quite some times, and we have the pictures that it's -- as of I would have to say four years ago, more or less -- that it's not the same message that is there. Ms. Tapanes-Llahues: The community -- Commissioner Carollo: It's a big advertisement of U.S. Century Bank, and there is -- and you can't really see the "Welcome to Little Havana." So -- and again -- Ms. Tapanes-Llahues: That is not correct. Commissioner Carollo: Listen. Again, all I'm asking is for two weeks, you know, which a reasonable amount of time, to read -- you know, review all this. But again, that message was U.S. Century Bank just four years ago, and it wasn't a sma1125 percent; it was the whole billboard, or a mural, whatever you call it, with U.S. Century Bank. Ms. Tapanes-Llahues: It's neither, and it's -- Commissioner Carollo: And it's not -- Ms. Tapanes-Llahues: -- it wasn't U.S. Century Bank. It was the community message, "Welcome to Little Havana," in English and Spanish; has been consistent for 35 years. The commercial sponsor, as you mentioned, has changed. And we -- what we're doing is regulating the actual size of the commercial sponsor. Commissioner Carollo: And if you will -- Chair Gort: Thank you. Commissioner Carollo: -- and that's why it's good to have a deferral, if that's the case, we will show the picture that you have, the whole sign of U.S. Century Bank. And I'm not saying that's good or bad. I'm -- you know, what I'm saying is, hey, listen, I'm asking for a reasonable two weeks in order so, you know, we could, you know, review all this and see exactly where we are. When you have the Administration that, yes, maybe took 30 days, come back with a competing ordinance, you know, that's troubling. And then, we're going to pull it, yank it, there's no explanation why. I don't think -- that's just not the right way to proceed. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you. And I'm going to need a little bit of time on this one. First and foremost, I just want to answer a couple of the comments; one of them was by Peter Ehrlich. City of Miami Page 19 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 I don't agree with his characterization of this as a 5, 000 foot mural -- billboard; he said "billboard" It's actually a "welcome " sign. It's been there for many years, and the commercial component of it, which is the part that it seems like Commissioner Carollo is concerned with, is actually being reduced and being restricted and I think that's one of the benefits of this. To Nathan's point, you probably could see some of my campaign signs from outer space in the last election, so -- but, you know, this is a citywide ordinance. It just so happens that there is one particular person that has come that particularly wants to avail themselves of it right away, but there could be others, as well. We did -- this concept, as Melissa explained, does exist, and it's actually, interestingly, with a special area plan, it's actually specifically tailored for one person; that's the name of it; it's special. And so in that particular case, it's part of a sign regulation package for one specific development. So that's interesting, because in that particular case, it does get done specifically for one person; it happens to be a person that's, you know, obviously well to do. But, you know, this is an ordinance that -- by the way, the sign, itself, with the "welcome" message has to be replenished, has to be repainted, has to be refurbished, so there has to be a certain revenue stream to do that. You know, it's -- you know, my perspective is that this has been -- and let me just talk about the point of having dueling ordinances very, very quickly. Sometimes, as a legislator, as a Commissioner, it's -- you know there's something that seems to be wrong, and you think it's right; you don't think it's wrong. The process from making something that's supposedly wrong to making something right involves legislation. And reasonable men can differ and reasonable women can differ over what is exactly the precise language that is used. And the reason why -- and I think you've discussed this before, Commissioner. As a matter of fact, on procedure, talking about procedure, you have a second reading that was voted on, on first reading, unanimously. It has to come back on second reading. So to me, to put a dueling, if you will, ordinance on first reading that competes with a second reading ordinance that's already been passed unanimously by the Commission, I think is an improper procedure, but that's why I asked to withdraw it, because I didn't think it was proper for you to have a competing ordinance with an ordinance that's already been adopted on first reading unanimously by the Board that the legislature is supposed to enact, so that's why I asked for it to be withdrawn. I stand by my frustration on this issue in the sense that, you know, the Mayor did support it; your colleagues on the Commission supported it. Unfortunately, you weren't here, and unfortunately, it appears that there's one person in your district who has been trying to reach you and get ahold of you, and unfortunately hasn't been able to, and wanted to, you know, wants to avail themselves of this ordinance, so. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And we actually -- I actually did meet with them until they mentioned the lawsuit, and that's when I said that I needed legal representation, because our City Attorney was not present. And again, my request is reasonable, and the Mayor is not here. Like I said, people change their minds, and I'm not saying they did, or he did but at the same time, my request is real reasonable. Let's just wait two weeks, you know? I don't think the -- and know this is all about financial hardship on -- Commissioner Suarez: Small business owners. Commissioner Carollo: No, not on small business owner. Commissioner Suarez: That's not a small business? Chair Gort: Guys, come on, let's -- Commissioner Carollo: Most small business owners in Little Havana cannot afford high power attorneys. City of Miami Page 20 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Okay. Excuse me. Listen, we're not going to be discussing here anymore back and forth. Yes, sir. He's been waiting very patiently to speak. Al Hardemon: Good morning, Board. My name is Al Hardemon. My address: 655 Northwest 48th Street. I'm pleading, asking, begging that this particular item move forward with expediency. In the larger picture, you understand that there's -- a wealthy person in America love capitalism. You don't love capitalism, go to Romania; doesn't matter. But the seriousness of this particular item is on those potential 200 jobs in the hood. Right around now, we know no one can meet that FP&L (Florida Power and Light) bill in the hood. So what do they have to do? Create a crime; turn the lights on without paying the bill. We can't have that anymore. Here's a opportunity for this particular Board to actually say to the community that, "Yes, we're certainly going to include you." In this, I haven't seen anything that doesn't include the community. The legal expectations has to differ or be separated from what needs to be done now, and that's job creation. My plea -- and I think I speak for all in the community -- let us get about the job of creating jobs and getting on the site, on the job site. Thank you. Commissioner Suarez: Thank you. Chair Gort: Thank you, sir. Madam Attorney, I'm not going to have back and forth arguments myself. Anyone else in the public would like to address this issue? Is anyone else in the public? Seeing none, hearing none, close the public hearings. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Again -- and to the last speaker, with all due respect, I just don't see how this is a job creation issue. But that aside, listen; very reasonable. I'm asking for two weeks so we could discuss why there was competing ordinance; what exactly is being asked; why the name change from "gateway" to "district marker"; how does that affect citywide? You know, Mr. Kurland brought up a good point. Are we going to have now a sign in front of Coral Gate saying, "Welcome to Coral Gate, sponsored by" -- whoever? You know, so again, all I'm asking is for a two -week deferral. I think it's extremely reasonable. It's always been granted in the past. If we're going to start changing the rules of the City Commission -- and yes, okay, maybe they're unwritten rules -- then, you know, I think it's not a good thing for us moving forward. It's not a prudent way to act. The Mayor's not even in -- he's co-sponsor, and he's not even here to speak and say, "Yes, Commissioner, I think we should move forward," or "no." I mean, his Administration is the one who did a dueling ordinance. I mean, at the very least, Mr. Manager, could you speak on the dueling ordinance? Chair Gort: I'll speak on that; I'll speak on the Mayor's opinion. Commissioner Carollo: Could you speak on the dueling ordinance, Mr. Manager? Why is it that FR.1 is before us? Daniel J. Alfonso (City Manager): Commissioner, FR.1 is before us because the City Administration felt that it was better to have this legislation on Chapter 62 versus 23, and you couldn't have it as an amendment to SR.2. Commissioner Carollo: Why could it not be an amendment to FR -- Mr. Alfonso: Because it changes the chapter that it's in, so that type of change cannot be done through amending the first reading, so it has to be brought on first reading. City of Miami Page 21 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Madam Attorney, can you address that issue? Ms. Mendez: Of the two -- Chair Gort: Yes. Commissioner Carollo: Yeah. Chair Gort: My understanding is the changes from one chapter to the other chapter wasn't -- Commissioner Suarez: Hasn't been approved. Ms. Mendez: The -- there was just internal discussion with regard to what is the best place to place the ordinance. There were different ideas, so that's why there was changes from one to another. At the end of the day, the substance is pretty much the same; obviously, one has a little more restrictions than the other, but it pretty much brings about the same -- Commissioner Suarez: Same result. Commissioner Carollo: And -- Chair Gort: There's no changes, major change with either one except for having a different chapter? Commissioner Carollo: What are the changes and restrictions? Mr. Alfonso: Okay. There are some changes, and I'll have the Planning & Zoning director talk about some of those changes. Ms. Mendez: And just to be clear, changes -- the difference between one and the other is what we're discussing; the two ordinances. Chair Gort: Right. Francisco Garcia: Mr. Chair, Commissioners, for the record, Francisco Garcia, Planning & Zoning director. When presented with the initiative of this particular ordinance, we accepted the premise that it's certainly desirable, in principle, to have in historic districts or districts with a particular character throughout the City to have markers, district markers, as we're calling them in our proposal, to properly welcome visitors and properly highlight the character of those particular areas. And what we did, actually, is to take as precedent programs along those lines that exist elsewhere in the City. It was brought up before that the Design District has one such program. And so what we did quite simply is to take the process that is presently in place for the Design District and other special area plans and create the ability for other districts that have not gone through the special area plan process, because, admittedly, it is expensive; and admittedly, requires some significant land aggregation; but to allow for other districts in the City the opportunity to have a similar program. We are particularly concerned, I have to share with you, about properly vetting the content, the design, the appearance of the district markers, as well as dealing with other issues that we often deal with, such as illumination, where they phase, how they front, to distance them from single-family residential areas, et cetera. We think, frankly, it's an idea that merits your consideration. We are simply putting forth for your consideration a process that ensures that ultimately, the result is one that everyone can be happy with; to the extent of our ability, anyway. Thank you. Chair Gort: Thank you. City of Miami Page 22 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: And that was put forward in FR.1 ? Mr. Garcia: That is correct, sir. Commissioner Carollo: So most of what you mentioned is not necessarily in SR.2, which is what we're discussing now, in the original; in the original ordinance. Mr. Garcia: I will defer to the City Attorneys Office regarding SR.2, sir. Commissioner Carollo: Madam City Attorney, you said that there was additional restrictions. What are those, please? Ms. Mendez: Right. The -- SR -- FR.1 has certain distance requirements and zoning, and it also has -- pretty much, that's the difference. Commissioner Carollo: So it's -- Ms. Mendez: And it says that it's required by warrant. Commissioner Carollo: -- not necessarily just a change of chapters; there's actually additional Ms. Mendez: Right; two additional restrictions, pretty much; distancing and location zones; and that the -- that they're permitted through the warrant process. Those are the two main things that it has. Commissioner Carollo: Got you. So I know the Manager is not an attorney, but, see, there's actually additional, and that's what happens sometimes with briefings. With briefings, they could say, "Oh, no, it's just a change from here to there, " and that's why it's -- you know, it behooves all Commissioners to read everything, because, see, it wasn't just one change from one chapter to the other; it was actually some additional information there. So in the warrant process, the Administration actually gets to review what they're proposing, and the way that SR.2 is written, there is no review by the Administration, correct? Ms. Mendez: The -- Chair Gort: The question is: Is the second reading that we're doing today; does it have certain requests that they have to comply with, according to City criterias? Commissioner Carollo: That's -- Chair Gort: And if not, it can be amended; that's no problem. Ms. Mendez: The -- Commissioner Carollo: -- different, Mr. Chairman. What the City Attorney is saying is that in FR.1 -- Chair Gort: I wanted -- Commissioner Carollo: -- and I'm not putting words into your mouth -- Chair Gort: Listen. I wanted her to tell us. Commissioner Carollo: Okay. City of Miami Page 23 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Mendez: Right. FR.1 contains a warrant process; SR.2 does not. So right now, SR.2 would allow that that sign or the sign that is presently available. Commissioner Carollo: And FR.1 would, but since this is a citywide ordinance, it would protect any future sign through a warrant process where the Administration would have a say, and if anyone from the public would be in opposition, they can actually file for an appeal; is that correct? Ms. Mendez: Correct. Chair Gort: Commissioner Suarez -- Ms. Tapanes-Llahues: What's important to note -- Chair Gort: Wait a minute. Commissioner Suarez: Wait, wait. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. I think the Commissioner makes a very good point that we should read these legislations very carefully. First and foremost, this legislation, which was passed by us on first reading, was drafted by the Administration. So it was passed on first reading unanimously, with an instruction that they requested to have 30 days to modifir the legislation that they drafted. So I think that's important to understand from a historical perspective. Secondly, it's actually interesting, because while the warrant process is included in the first reading, which, by the way, was not approved by the City Attorney as to form and correctness, it actually carves out -- so it actually has a special carve -out for the Little Havana Art & Theater Cultural Specialty District, which is not included in SR.2. So I think, actually, SR.2 is better, because you're not saying that it's specifically for one area; you're saying it's for any area that can apply for it under these circumstances. And I don't know if -- I may be wrong in saying this, because, you know, I haven't memorized the entire Code yet, but when you pull a permit, isn't a permit appealable; the pulling of a permit? Ms. Mendez: It depends which type. Some are ministerial and some are not, so it would depend on the type of permit. Commissioner Suarez: Okay. Commissioner Carollo: And Mr. Chairman, this is exactly why I'm asking for a reasonable two -week deferral, so that we could iron out all this and not have to do it now in the dais on the whim. You know, that's why -- you know, and that's why I think it's extremely reasonable of what I'm asking. You know, it's as simple as that, you know. I -- Chair Gort: Okay. Commissioner Carollo: So, you know, again, that's where I'm at. Chair Gort: There's a motion. Commissioner Carollo: I think it's reasonable and that's why we're -- Chair Gort: There's a second. What is the wish of the maker of the motion and the seconder of the motion? City of Miami Page 24 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: I'd like to take a vote on it if it's okay with you, Mr. Chair. Chair Gort: Okay. Commissioner Sarnoff Okay, we're going. Vice Chair Hardemon: What motion is on the floor? Chair Gort: Yes, sir. Vice Chair Hardemon: To motion on the floor is to approve? Commissioner Suarez: The motion to approve SR.2, as amended by the City Attorney. Vice Chair Hardemon: That's the only motion that's on the floor? Commissioner Suarez: Correct. Vice Chair Hardemon: All right. I'm not ready to move forward just yet without asking a few questions. Commissioner Suarez: Sure. Vice Chair Hardemon: As it pertains to that warrant process, we know that -- well, there are a few issues. So, one, the size of the advertisement. I think the size of the advertisement depends on the size of the total square footage of the actual sign. The total square footage of the sign is about 5,000 square feet. And once again, I'm not a mathematician, so it was described that that's about 10 stories high if you consider a building; is that true? Mr. Alfonso: Five thousand square feet would be 50-by-100, so it could be that high. Vice Chair Hardemon: It could be that high. Mr. Alfonso: This particular one is not that large. Vice Chair Hardemon: And when we say, "this particular one, " are we talking about the one from SR -- does SR.1 give specific rights to a particular existing --? Mr. Alfonso: No, it doesn't talk about a particular sign. The way it is drafted, it is impacting that sign right now, because those people are applicants. But that sign right now, there's no way that's 5,000 square feet, because that building is only about two, maybe three stories high. Vice Chair Hardemon: And I'm not aware of what building that is, but I would like to speak about the Cultural Specialty District or Art & Theater Cultural Specialty District. Are there other places besides where this billboard is where those types of districts exist; and if so, where are they? Ms. Tapanes-Llahues: The legislation is only the Art & -- Chair Gort: Excuse me, you have to go through the Chairperson. Ms. Tapanes-Llahues: I'm sorry. Chair Gort: I will ask you -- but, please, at this time, we're discussing it ourselves. Thank you. City of Miami Page 25 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Mendez: The -- as it's presently drafted right now, but the change that I requested was that it would be just in the Art & Theater Cultural Specialty District, and I believe the only one right now -- and Mr. Planning Director can confirm -- is in the Little Havana area. Mr. Garcia: To -- yes, to address the issue, particularly to the extent that the ordinance before you as SR.2 speaks about the Cultural Art District, there is only one in the City of Miami, and it happens to be along 8th Street, beginning approximately on 12th Avenue and ending approximately on 27th Avenue Southwest. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Vice Chair Hardemon: So in the new proposition, you have stricken "Cultural Specialty District"? Ms. Mendez: What I read into the record, I -- SR.2, it would only apply to the Cultural Specialty District or Art & Theater District -- I'm sorry -- Art & Theater Cultural Specialty District, which is the one that the Planning director just expressed; the only one that exists in the City. Vice Chair Hardemon: So then, as it's written right now before me, it does -- it stated, "Cultural Specialty District or Art & Theater Cultural Specialty District." Should I strike "Cultural Specialty District"? Ms. Mendez: I was inarticulate then when I said it, but that's what it -- it was meant to be the one, so, yes, you can strike the "Cultural Specialty District "; it would just be the "Art & Theater Cultural Specialty District." Vice Chair Hardemon: And additionally, it says, "Or historic districts designated pursuant to Chapter 23 of the City Code." So is that -- Ms. Mendez: That's being stricken, as well. Vice Chair Hardemon: That's being stricken, as well. So I'm trying to understand how this becomes a citywide issue if it only affects this one district in the way that it is written, because I'm struggling to see how certain districts -- say for instance, that are within my area -- how can they avail themselves of this type of program if -- Ms. Mendez: If they wanted to. Vice Chair Hardemon: Yes. Ms. Mendez: In Chapter 4 of our City Code, we have several specialty districts, cultural specialty districts. Right now, we only have one Art & Theater District. So if one of those is created, just based on all the things that is -- all the things that are happening now citywide and all the different venues that are occurring in certain districts, they could avail themselves of this if they're an Art & Theater District, or unless we don't make that amendment and it allows for it to be also in Cultural Specialty Districts, which are also in Chapter 4 of the City Code. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Is -- if -- can you help explain to me? Because I don't have -- I tried to pull the Municode up to see, but I had a hard time. Explain to everyone what the Art & Theater City of Miami Page 26 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Cultural Specialty District would be, and then maybe some other examples of historic districts so that -- I know that, for instance, if someone is in the Upper Eastside, or if you are in the Little Haiti community -- Ms. Mendez: Right. Vice Chair Hardemon: There's some -- Ms. Mendez: There's the Lemon City one, the Osun Village. Commissioner Suarez: Right. Ms. Mendez: There's a couple -- if you have some -- the Planning director has them more memorized than I do. Mr. Garcia: As pertains to your question, Commissioner Hardemon, the -- there is at present one Art & Theater Cultural Specialty District, which is the one that we've discussed previously, the Little Havana, and it has the boundaries that I described previously, but just to put it back on the record, 8th Street between roughly loth Avenue and 27th Avenue Southwest. There could be a -- Vice Chair Hardemon: And then what makes it an Art & Cultural Specialty District? Mr. Garcia: Well, the fact that there is a history, and a tradition and a legacy of theaters, cultural establishments. But I will say, then, by way of background to further address your question that this is one of a variety of areas established within the City, and the City Attorney is correct in saying that there are other areas. There is one in Lemon City; there is one immediately to the west of downtown; there is one in Little Haiti; there are others. And the intent is to relax, to some extent in Article IV of the City Code the distancing between -- Chair Gort: We don't have quorum. Mr. Garcia: I'm sorry. I'm advised that there is no quorum at present. Vice Chair Hardemon: We don't have quorum, but let me -- we can't take a vote -- Chair Gort: That's all right, we can still -- Vice Chair Hardemon: -- but we can still discuss business. Mr. Garcia: Very well. Chair Gort: We can still -- Mr. Garcia: So I'll continue with my brief explanation. There is in Article IV of the City Code -- there are a number of districts set forth which allow for a relaxation of the distancing requirements between establishments that serve alcohol by -- vis-a-vis our ability to actually approve those establishments. And each of those distancing requirements relaxations is tied to a specific character, a specific attractiveness of that particular area. This is where these different districts, which there are approximately 10 citywide, are established. Those exist in Article IV. That said, this ordinance before you as SR.2 zeroes in on one, possibly as a pilot program, and that happens to be the Art & Theater Cultural Specialty District, which happens to be the name of that district, which is established along the 8th Street Corridor. Vice Chair Hardemon: Okay. City of Miami Page 27 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Let me add a little bit to it, because before Francisco or any of this Administration was here, Little Havana was nicknamed "Little Havana" in the '70s by New York Times. We at the Chamber of Commerce decided we would be named Little Havana, maybe we should make a tourist attraction out of Little Havana, just like we did San Francisco, Chinatown; French Quarter in the New Orleans, and that's when we created the -- what is called the area there, the special district, zones special district for the Latin Quarter. We created a Latin Quarter to make a tourist attraction. It's taken us over 20 years to finally take place. For the last three years, in working with the Chamber of Commerce and working with the Greater Miami Convention & Visitors Bureau, we have over 10 different buses or 12 every day, full of tourists. We all know how tourists spend money. We all know how the tourist like to visit ideal places. And there is not only -- my understanding is on the first reading, this is -- can be applied citywide, because right now, just like we working certain -- some things you want to do in Overtown, I'm creating "Little Santo Domingo, " which is something we going to -- we already creating some paintings, and some cultural events that we have it in Santo Domingo, and that's going to become an additional attraction. I mean, it's known that the more tourist attractions you have within an area, the people that come and visit, they stay a little longer, which is economic development for everyone. This sign has been there for 35 years; it's been there for a long time. We been trying to get the City from way before, before I was a Commissioner, to try to get a sign to welcome people to Little Havana. People will come in and says, "This Little Havana, where is Little Havana?" So this was something that we worked on it for a long time. And talking to the Mayor before the City Commissions, we always have the meeting, the Manager, the Mayor; and myself, as Chairperson of this Commission. And Mayor didn't have any problem with it; on the contrary, he was pushing it. Thank you. Commissioner Suarez: I reiterate that. Chair Gort: Yes, sir. Vice Chair Hardemon: Some of -- a few of my apprehensions about the bill as we see it right now: One, if we're going to create something that's citywide, I just want to give other historic areas an opportunity to participate in something like this, so I want to see -- the way that it is written right now, before -- the City Attorney just gave to me -- it says, "This district gateway sign shall serve to identify the district, mark historic destination for visitors, and reinforce the neighborhood's character as a destination for art, cultural, dining and entertainment. " And I know within District 5, we have many places that are booming with art, culture, dining and entertainment, and those that will be booming in the future. And just as the Chairman so eloquently said, we are a community of neighborhoods, and I want to be able to advertise or to express where you are when you are within the City of Miami, especially within our district, so that's one. Ms. Mendez: I could withdraw that amendment. I was just under the impression that that was an amendment that was wanted, so I could just take it out and it could be more citywide in nature. Vice Chair Hardemon: Okay. Ms. Mendez: As it was originally drafted, because originally drafted is the areas designated "Cultural Special District or Arts & Theater Cultural Specialty District, pursuant to Chapter 4," which includes all those districts, like Osun Village, Wynwood, et cetera, et cetera, so that could be -- that could remain; it does not have to be stricken. Vice Chair Hardemon: And the other -- the only other apprehension that I have -- well, I won't say "only," but the major apprehension thatl have is the form of speech, so there -- I think there is a limitation on speech that we should put forth in this piece of legislation, like it's included City of Miami Page 28 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 within FR.1, and that limitation, of course, I think it talks about nothing -- no adult content, and there are some other things that are included in FR.1. If we could consider some of those types of limitations on the speech, that would be good, and if we have those limitations there, I think it at least gives the City an opportunity to have some say in the type of advertisement that is put there to express the welcoming of the community, and it gives us somewhat of a compromise between the warrant process and the actual just posting of the sign without any approval, whatsoever. Commissioner Suarez: And I would just say that this says here, no -- it already says in SR.2, "No gateway signs shall contain adult content as defined in Miami 21, " so that language is already in SR.2? Ms. Mendez: Yes, it is. Commissioner Suarez: And by the way, if can just add one slight amendment, which would be: "No sign shall be permitted in a historic residential district." I think that takes care of Coral Gate. Thank you. Chair Gort: Now that -- Ms. Mendez: So basically, T3 is -- no sign like this shall be in a T3 or a T4 area. Commissioner Suarez: In historic neighborhoods. Ms. Mendez: In historic -- Commissioner Suarez: Residential neighborhoods; welcoming a historic residential neighborhood. Vice Chair Hardemon: So -- and I would say, so Historic Overtown would be a historic residential -- Commissioner Carollo: Yes. Vice Chair Hardemon: -- neighborhood. Commissioner Suarez: No. Historic Overtown is a commercial, just like Historic Little Havana. Chair Gort: Yeah, 3rdAvenue. Commissioner Suarez: Yeah, yeah. Vice Chair Hardemon: Yeah, well, 3rdAvenue, maybe. Commissioner Suarez: Yeah, yeah. Vice Chair Hardemon: Depends on if you're talking "pre" or `post" 1-95. I would have to take a look at the map to know if it's historic residential before or historic commercial. Ms. Mendez: Right. There's mixed uses now, so that it's not as -- Commissioner Suarez: But remember, "historic residential" is a specific term in Miami 21 to designate a residential community historic; that's very limited. There's very, very few of them. We're just doing on in Little Havana, as a matter of fact; we're looking at it. So there's very, very few districts that actually are historically designated. City of Miami Page 29 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: Like, for instance, Mr. Chairman, for instance, Spring Garden. Spring Garden is a historic residential community. Commissioner Suarez: Right. Vice Chair Hardemon: I would not want that. Commissioner Suarez: Exactly. Vice Chair Hardemon: They would not want that. Commissioner Suarez: Exactly, exactly. Shenandoah right now is looking at a possibility of a historic designation in a part of it. You wouldn't want a "Welcome to Shenandoah," with a commercial message. Chair Gort: Okay. Commissioner Sarnoff. "Would not," right? Vice Chair Hardemon: Would not. Chair Gort: Yeah. Commissioner Suarez: You would not, right. Chair Gort: Okay. Ms. Mendez: So just -- Chair Gort: It's an ordinance. Ms. Mendez: -- to be clear on -- I'm sorry -- on amendments, because we've talked about a few things, the -- of the three that I posed, I'm eliminating one of them, based on Commissioner Hardemon's request, which is for it to be allowed in the Cultural Specialty District or Art & Theater Cultural Specialty District, pursuant to Chapter 4. I'm going to leave that language in there. Vice Chair Hardemon: That's correct; to give other communities an opportunity to participate within it. Ms. Mendez: Okay. Vice Chair Hardemon: Yes. Ms. Mendez: And then the -- I had removed "historic districts designated, pursuant to Chapter 23 of the City Code." The way that Commissioner Suarez has described it is for them not to be in historic residential districts. Vice Chair Hardemon: I believe the -- Ms. Mendez: Historic residential districts. Commissioner Suarez: Correct. City of Miami Page 30 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Mendez: They shall not be allowed in those districts. Commissioner Suarez: Correct, as defined by Miami 21. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I appreciate the language that's in FR.1, where it describes that limitation about the adult content. It's a little -- it's written differently than what it is -- Commissioner Suarez: It's robust. Vice Chair Hardemon: -- in SR.2, and the way it reads is this: "Art installations forming part of a district marker shall not contain any adult content, point of sale signage or commercial messages related to the donor or sponsor." And I think that's pretty interesting, because what it's basically describing is if it's a historic "welcome" sign, no part of that "welcome" sign shall have any reference to the product. So, for instance, if Coca-Cola -- I love Coca-Cola. They didn't pay me for that, but if Coca-Cola has its advertising on the -- say top 15 percent of the signage -- Commissioner Suarez: Right. Vice Chair Hardemon: -- in the actual "welcome, " it can't make any reference -- Commissioner Suarez: That makes sense. Vice Chair Hardemon: -- to any slogans -- Commissioner Suarez: Yeah, that makes sense. Vice Chair Hardemon: -- (UNINTELLIGIBLE), so I would like to adopt that type of language there. Commissioner Suarez: That makes sense. Vice Chair Hardemon: And -- Commissioner Suarez: Maker accepts. Vice Chair Hardemon: Right. And in -- question: The way that FR.1 was written, it would allow for certain fees to be collected for it? No? So the warrant process doesn't collect any fees? Mr. Garcia: Yes, the warrant application, because it implies an administrative review process, does set forth fees to compensate for the services rendered as part of the review; that is correct. Vice Chair Hardemon: So I have a question for my dear Commissioner from District 4. Currently, the way this is put forth, there is no warrant process. It would be just a change, and then they would be allowed to put these advertisings there. And just for conversation, how do you feel about not being able to necessarily control the message, the "welcome to" message, but that the sponsoring company has to obtain a warrant for their advertising part; for the part that shows that they are the sponsor? You understand where I'm going with that? Commissioner Suarez: Right. City of Miami Page 31 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: So, for instance, if it is "Welcome to Little Havana," but the sponsoring company is `Adult Toys and Such," that piece there, that percentage, because it's about -- if it's -- it was described earlier -- it's about 450, maybe 500 square feet of advertising that needs to be put there. So what if we -- what do you think about having a warrant process, just necessarily for that piece that would be on the "welcome" sign? Commissioner Suarez: Look, I -- I think the warrant process is a $400 fee, if I'm not mistaken, so it's not like a major moneymaker for the City. I think the scrutiny that you're requesting is found in the language that you just adopted from -- you've imported from FR.1 -- you know what I mean? -- where you're basically saying that you're going to limit the content to a certain piece. Vice Chair Hardemon: Okay. Ms. Mendez: But I -- that sentence, though, does not allow the commercial message that is presently on some of these "welcome " signs. That's the -- if you want to limit the adult content that is already in, you know, that they're -- no sign shall -- or marker -- shall contain adult content as defined in Miami 21 Zoning Ordinance. If you take the exact sentence as listed in FR.1, then the commercial -- the small commercial message that is presently on some of these signs -- Commissioner Suarez: Okay, well -- Ms. Mendez: -- will not be allowed. So -- Vice Chair Hardemon: They get a new sign, right? Commissioner Suarez: Deleting that; that one word, then -- Ms. Mendez: Okay. Commissioner Suarez: -- obviously. Vice Chair Hardemon: The one word you're saying -- Commissioner Suarez: Commercial, commercial message, yes. Vice Chair Hardemon: And so -- and that becomes part of the discussion, so, for instance, what is -- I'm trying to think of a commercial message. You see them all the time, but you don't remember them. Like Mr. Cruz said, if you don't want it -- Commissioner Suarez: Don't say that -- Vice Chair Hardemon: -- you just throw it away. Commissioner Suarez: -- because there are people here that think (UNINTELLIGIBLE). Vice Chair Hardemon: If there was a message that was from a company -- Commissioner Suarez: Right. Vice Chair Hardemon: -- and I think Miami -Dade County is "providing excellence every day," or something like that. So let's say Miami -Dade County, they're the sponsoring company, it says "providing excellence every single day." City of Miami Page 32 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Right. Vice Chair Hardemon: And so say if that message is included within the "welcome " sign, that's the part I think that where the advertising company, the sponsor -- Commissioner Suarez: Right. Vice Chair Hardemon: -- takes advantage -- Commissioner Suarez: Right. Vice Chair Hardemon: -- of the space, and that's what I'm trying to keep from happening by saying, "the commercial message related to the donor or the sponsor." Commissioner Suarez: Oh, I see what you're saying. Vice Chair Hardemon: You see what I'm saying? So that part, that is -- Commissioner Suarez: They still have a commercial message; it's just not related to -- Vice Chair Hardemon: It can't be -- Commissioner Suarez: Got it. Vice Chair Hardemon: -- related. It can't be a commercial message related to the donor or the sponsor. It can't be -- if someone tell me what -- what is "Coca-Cola; does anyone know? Pepsi? Commissioner Carollo: Well, if -- Ms. Mendez: That's a commercial message. Commissioner Carollo: -- I could tell you this, if we take a two -week deferral, we could come up with all this, and in fact, it's exactly my point. Instead of having high-powered attorneys, you know, coming up and -- Commissioner Suarez: Oh, yeah. Commissioner Carollo: -- speaking to everybody, letting everybody know what they need to say. Ms. Mendez: Ms. Tapanes, if you could just put on the record what you showed Commissioner Hardemon? Thank you. Commissioner Suarez: And your title as high-powered attorney, as well. Ms. Tapanes-Llahues: Thank you very much for that. I appreciate that, especially on City of Miami TV (television). What I showed both Commissioner Suarez and Commissioner Hardemon is the sign, the "welcome" -- the existing "Welcome to Little Havana," with the commercial sponsor, and that was before the property became compliant, as it is today. Commissioner Carollo: And by the way, just for the record, that's not a bad sign. Vice Chair Hardemon: No. Chair Gort: No. City of Miami Page 33 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: If you see four years ago the U.S. Century sign, that was -- pretty much the whole sign pretty much had "U.S. Century." I -- you know, and I could bring you those pictures, too. But that's actually not a bad sign. And again, and -- but that sign is there right now. The only difference is that the advertisement is painted over, but that sign is currently right there. As a matter of fact, on the other side of that street, on 27th Avenue and 8th Street, there's another one that says, "Welcome to Little Havana," also; there's actually two. Unidentified Speaker: They're not in violation. Vice Chair Hardemon: So, for instance, I'm looking at some advertisement. I think Coca-Cola at one point said, "Have a Coke and a smile, " right? So someone may say -- so this is the advertisement, and I'll describe it, and small portion of it is sponsored by Leon Medical Services or Centers, but it says, "Welcome to Little Havana," but it says it in Spanish, "Bienvenidos a La Pequena Habana," right? I did that right? Okay. Commissioner Suarez: That was good. That was good. Vice Chair Hardemon: And so what I'm describing is that I don't want it to say, if it was Coca-Cola, "Have a Coke and a smile in Little Havana." Commissioner Suarez: I think that's limited, too, by the 15 percent. Yeah, that's fine. Vice Chair Hardemon: So that's the language that -- Ms. Mendez: Right, that -- Commissioner Suarez: Right. Ms. Mendez: -- the -- in SR.2, you can only have 15 percent of the whole sign have -- Commissioner Suarez: Yeah, but he -- Ms. Mendez: -- the commercial. Commissioner Suarez: What he's saying is something else. I think I understand what you're saying; that the "welcome, " itself, cannot be sponsored by the commercial person. Ms. Mendez: Right. And that would be calculated as -- it would be calculated as part of the -- So if they put, "Welcome to Little Havana and have a Coke," that "have a Coke" has to be the minor 15 percent. If you don't want it, which is a different story -- Commissioner Suarez: That's what I think he's saying. Ms. Mendez: Okay. If you just want it to say, "Welcome to Little Havana," or "Welcome to Lemon City," or "Welcome to" wherever, then only -- you can be as limiting as only a corner; 15 percent shall have a sponsor logo, period. Vice Chair Hardemon: So let us identify -- Ms. Mendez: You know, you could be more limiting that way. Vice Chair Hardemon: So we'll be identifying a place within the advertisement that is only for the commercial sponsorship area, so I -- you see what I'm saying? City of Miami Page 34 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Yeah, I got you. Vice Chair Hardemon: Just the same way that pictured showed it. So that's why I want to adopt the language that we have in FR.1, okay? And to Commissioner Carollo, what I'm doing right now is I'm just trying to make sure that if this thing does -- if we vote on today, some of the changes that I would like to see are included. If you would like to make a motion to continue it, I will second that motion, but it ultimately is up to the will of the body, so -- and that's in fair compromise to everyone. So I don't want -- you're stating, `I want this, I want this, I want this," but you have yet to make a motion to continue it. If you make a motion to continue it, I will second it, and I'm sure we're not going to have any discussion about it, because we've already discussed it through -- enough. But we will take a vote and we'll see where those dominos lie. Commissioner Carollo: Understood, Commissioner Hardemon. And again, you know, I -- like Commissioner Suarez said -- well, now it's over an hour ago -- collegiality and compromise usually leads to great results. What I am asking for is extremely reasonable, because it gives us time to iron out everything that we've been discussing, and re -discussing and discussing more, you know? Again, I'm the first one who says that's not a bad sign. Now, that's very different than four years ago when pretty much the whole sign was "U.S. Century"; that's totally different, you know. I understand, and I'm reasonable, but I need time at the same time; I need time to digest what's going on. I need time to speak to the sponsor. So again, I'm not trying to be difficult; I'm just trying to be reasonable, that's all. And Commissioner Hardemon, I understand in Mason's Rule, I can make a motion over the motion that's on the floor; however, it has been the City's practice not to do that when there's a motion on the floor; unless the City Clerk, you know, advises otherwise, and we again start changing, you know, the prior practices. But I understand and I've read it also, under Mason's Rule, we could do it. I could do another motion now; however, that has not been the practice in the City of Miami. Once there's a motion on the floor, there's not another motion that is made. But, you know -- and again, I -- instead of making a mo -- I would like to listen to my colleagues. I mean, I would like to see, hey, I don't see why we couldn't defer this for two weeks. Commissioner Suarez: Mr. Chair, this has been debated for five weeks. Chair Gort: Yes. Commissioner Suarez: And this has been talked about for several years. So I just think, you know, at this point, we've massaged this to the maximum extent that we possibly can, and I think it's time for us to vote on it, and that's it. I mean, we have a motion on the floor. I appreciate the fact that the Commissioner's respecting the fact that there's a motion and a second, as amended, and I will accept the amendments proffered by Commissioner Hardemon; hopefully, the seconder will, as well; and we vote on it and if, you know, in the future there needs to be changes, just like we've done with a variety of other pieces of legislation, we can always make changes in the future. But we have debated this -- I -- that's the one thing I respectfully disagree with the Commissioner. We've debated this forever, and there's been more than enough debate, discussion, internal or otherwise, so that's the part where -- you know, sometimes, sophistry carries the day here; whoever's here would have made the better argument as to what -- the way something looks or what the way -- but the truth is that this has been discussed and debated for months, if not years. So I think it's about time to move on. We have important things to do today and in the City, and that's it. Thank you. Chair Gort: Okay. The second of the motion accept the amendment? Commissioner Sarnoff I do, Mr. Chair. Chair Gort: Okay. City of Miami Page 35 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Mendez: Now, Mr. Chair, just to be clear, the changes then -- I said three, but I -- they're now going to be two on our end, which is changing "gateway sign" to "district marker sign" and making the Chapter 62 references simply say that they will be subject to State and Federal laws instead of making Chapter 62 references; and then, obviously the -- Commissioner Hardemon and the additional -- Commissioner Hardemon's amendments about the commercial message versus the sponsorship and the adult entertainment will be placed in here; and also, Commissioner Suarez' amendment about not being in a residential historic district; that we'll find the -- Commissioner Suarez: Yes. Ms. Mendez: -- correct terminology in Miami 21 -- Commissioner Suarez: Agreed. Ms. Mendez: -- because it's not an exact -- Commissioner Suarez: Agreed. Ms. Mendez: Okay. Vice Chair Hardemon: That does include -- because I don't know if I heard correctly -- an opportunity for people who have other types of districts. Commissioner Suarez: Yes. Ms. Mendez: Correct. I -- that's why my amendments are down to two, because I took out the -- just putting it in the theater district; now, it's going to be in the districts as discussed before: Cultural Specialty District or Art & Theater Cultural Specialty Districts, pursuant to Chapter 4, which avails the Osun Village, Lemon City, Wynwood, those special -- Chair Gort: Thank you. Roll call. Todd B. Hannon (City Clerk): Chair, it's an ordinance. Madam City Attorney, would you like to read the title into the record? Chair Gort: Read it. Ms. Mendez: Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.2. Commissioner Carollo. Commissioner Carollo: No. Mr. Hannon: Vice Chair Hardemon. Vice Chair Hardemon: For. Mr. Hannon: Commissioner Sarnoff. Commissioner Sarnoff Yes, because it does not apply to the Grove, Brickell, downtown. Mr. Hannon: Commissioner Suarez. City of Miami Page 36 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Yes. Mr. Hannon: Chair Gort. Chair Gort: Before I vote, I'd like to explain the reason I didn't go for a deferral, because, unfortunately, a lot of times in here, we defer a thing and we think it's going to come right back, and it takes years sometimes to come back; that's the only reason. And like he stated, we -- I think we debated enough to massage it to come out to the right thing. Yes. Mr. Hannon: The ordinance passes on second reading, as amended, 4-1. SR.3 ORDINANCE Second Reading 15-00091 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", TO ESTABLISH CERTAIN FEES RELATED TO THE LOCATION OF CONSTRUCTION EQUIPMENT AND STORAGE OF MATERIALS AND SUPPLIES WITHIN A TEMPORARY OBSTRUCTION OR CLOSURE OF A STREET OR SIDEWALK, AND TO INCLUDE A PROCEDURE AND FEE TO PERMIT CONSTRUCTION FENCE SCREENS OR CONSTRUCTION WINDSCREENS CONTAINING CERTAIN ONSITE ADVERTISING ON TEMPORARY CONSTRUCTION FENCES LOCATED IN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00091 Summary Form SR.pdf 15-00091 Legislation SR (V2).pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13519 Chair Gort: FR (First Reading) -- SR.3. Eduardo Santamaria: Good morning, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. Before you is SR.3, which is the second reading of an ordinance amending Chapter 54, Article I of the City Code, entitled "Streets and Sidewalks in General, " to establish fees related to the location of construction equipment and storage materials and supplies within the temporary obstruction, or link, or closure of a street or sidewalk area to provide a procedure and feet to permit construction, fenced screens or construction wind screens containing advertising of the adjacent development to be affixed upon temporary construction fences located in the public right-of-way. Commissioner Suarez: So moved. Chair Gort: Thank you. It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. This is a public hearing. Is anyone in the public City of Miami Page 37 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 FR.1 15-00618 City Manager's Office would like to address this issue? Seeing none, hearing none, we close the public hearings. Discussion? Okeydoke. An ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passed on second reading, 4-0. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION" MORE PARTICULARLY BY AMENDING SECTION 23-6.4 ENTITLED "SIGNAGE," TO CLARIFY THE DEFINITION OF DISTRICT MARKER SIGN, AND TO EXEMPT DISTRICT MARKER SIGNS FROM CERTAIN REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00618 Summary Form.pdf 15-00618 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: SR.3. What is this? Commissioner Suarez: Mr. Chair, can I make a motion to withdraw FR.1, please? Chair Gort: There's a motion to withdraw FR.1. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second. Any further discussion? Being none, all in favor, state it saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF FIRST READING ORDINANCES City of Miami Page 38 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 RE.1 15-00143 RESOLUTION RESOLUTIONS District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Commissioner RESOLUTION NOS. 94-755 AND 95-480, IN THEIR ENTIRETY, AND Wifredo (Willy) Gort SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING CRITERIAAND PROCEDURES FOR NEWSPAPERS WHICH, CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY FLORIDA STATUTES, CITY DEPARTMENTS AND OFFICES ARE PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES; AND FURTHER LISTING THE NAMES OF THE NEWSPAPERS APPROVED FOR SAID USE. 15-00143 Pre-Legislation.pdf 15-00143 Letter - Miami Today.pdf 15-00143 Legislation.pdf RE.2 15-00508 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0206 Chair Gort: RE.1. Daniel J. Alfonso (City Manager): Mr. Chair, RE.1 is a resolution that you have requested to allow a criteria for the use of Miami Today Newspaper in some of our advertisement. Commissioner Suarez: So moved. Chair Gort: Thank you. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING, BUT NOT Carollo LIMITED TO, AN AMENDMENT TO THE CITY OF MIAMI'S ("CITY'S") CURRENT INTERLOCALAGREEMENT WITH MIAMI-DADE COUNTY, TO ADD A SOUTHWEST 8TH STREET/WEST FLAGLER STREET TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM, RUNNING FROM SOUTHWEST 8TH STREET, TO SOUTHWEST 1ST COURT, TO SOUTHWEST 7TH STREET, TO SOUTHWEST 3RD AVENUE, TO SOUTHWEST 6TH STREET, TO SOUTHWEST 4TH AVENUE, TO SOUTHWEST SOUTH RIVER DRIVE, TO NORTHWEST 1ST STREET, TO NORTHWEST 6TH AVENUE, TO WEST City of Miami Page 39 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 (RE.2) 15-00508a (RE.2) 15-00508b FLAGLER STREET, TO WEST 37TH AVENUE, TO NORTHWEST 3RD STREET, TO NORTHWEST 37TH AVENUE, TO SOUTHWEST 8TH STREET, MIAMI, FLORIDAAND BACK. 15-00508 Legislation.pdf 15-00508-Submittal-Commisisoner Suarez -Trolley Flyer Distributed by Commissioner Carollo.pdf 15-00508-Submittal-Commissioner Carollo-Little Havana Trolley Route Proposal.pdf 15-00508-Submittal-Carlos Cruz-Casas CIP Department -Proposed Service Areas for Trolley RoutE Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Hardemon R-15-0210 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING, BUT NOT LIMITED TO, AN AMENDMENT TO THE CITY OF MIAMI'S ("CITY'S") CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, TO ADD A WYNWOOD TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM, RUNNING FROM THE OMNI BUS TERMINAL AT NORTHEAST 15TH, TO NORTHEAST 1ST AVENUE, TO NORTHEAST 17TH STREET, TO NORTH MIAMI AVENUE, TO NORTH 2OTH STREET, TO NORTHWEST2NDAVENUE, TO NORTHWEST 29TH STREET, TO NORTH MIAMI AVENUE, TO NORTHWEST 2ND AVENUE, MIAMI, FLORIDAAND BACK. 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-15-0211 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING, BUT NOT LIMITED TO, AN AMENDMENT TO THE CITY OF MIAMI'S ("CITY'S") CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, TO EXTEND BRICKELL TROLLEY ROUTE FROM MERCY HOSPITAL TO SOUTHWEST 37TH AVENUE, RUNNING SOUTH BAYSHORE DRIVE, TO MARY STREET, TO GRAND AVENUE, TO SOUTHWEST 37TH AVENUE, TO US 1, TO BIRD AVENUE, TO SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA AND BACK. 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 40 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 R-15-0212 Vice Chair Hardemon: Mr. Chairman, we may need to get the sergeant -at -arms to take this guy out of the building. This gentlemen right -- he's standing up. I want everyone to realize who this guy is. Chair Gort: I'll second the motion. Okay, we have a quorum now; we can start at this time. I know the -- Commissioner Carollo had a time certain that he want listened to, but if we all a little patient, if you don't mind I'd like to hear RE.3; it'll be real short. Commissioner Carollo: Yes. RE.3 is the capital budget, so I -- Chair Gort: No, no, wait a minute. The -- we already passed that. Commissioner Carollo: Yes. Chair Gort: What's the corridor; what item is the corridor? Commissioner Carollo: RE.2. Daniel J. Alfonso (City Manager): RE.2 was a time certain item. Commissioner Carollo: Right, which is -- Chair Gort: Right. Commissioner Carollo: -- the 8th Street -- Southwest 8th Street Corridor. Chair Gort: I understand, but we had the -- the request, we had a north corridor that going up the -- the beautification corridor that went to -- $200, 000 from the City of Miami. Mr. Alfonso: Okay, so those are items -- Commissioner Carollo: Right. Mr. Alfonso: -- Commissioner -- RE.6 -- no, I'm sorry, we did RE.6. RE.7. Chair Gort: That's Commissioner Sarnoff. Mr. Alfonso: That's Commissioner Sarnoffs item. The $200,000 was also -- Chair Gort: Okay, we go with RE.2 and at the same time, RE.2 and DL 5 is going to be heard at the same time. Commissioner Carollo: Thank you, Mr. Chairman. And if may, Mr. Manager, I would like to do my presentation first, since I'm the Commissioner who brought this forward, and then we could listen to, you know, the Administration's presentation and, I guess, then, we'll have discussion and debate, and take it from there. If you could put -- start it off. Commissioners, just briefly, here, you have two maps, both of the City of Miami; one with all the current routes; one with the proposed routes. If you see the map of the City of Miami with the current routes, all this, which is Little Havana and all this, which is Flagami; and actually, this continues, as you well know. I don't have to tell you that this map is cut off but it continues all the way to -- I think by the Palmetto. And if we could start the next. The first slide here that you see here is we received the slides that are coming after this from Carlos Cruz Casas [sic] and the City Administration. So it's been, you know, in con -- and, you know, working with them in order to obtain this information. The very first slide you see, just like you see in the boards, this is the current City of City of Miami Page 41 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Miami map, and you see highlighted all the way around in red, and that is the boundaries of the City of Miami. And all the different lines, green, blue, red or orange, pink, all those -- and yellow -- all those are the current routes of transportation -- of trolley transportation in the City of Miami. Can you move to the next one; next slide? And this is what I am proposing here. If you all recall from the last meeting, I came forward with a small -- a much smaller route that dealt 8th Street to 1st Court; 1st Court is zigzagged a little bit to 6th Street; 6th Street back to Beacon Boulevard; Beacon Boulevard to 8th Street. It was a much smaller route, and after listening to my colleagues and hearing one of my colleagues suggesting that maybe we should use Flagler Street instead, it allowed the opportunity to say, okay, if we use Flagler, we can actually go all the way to 57th Avenue. So it opened up an opportunity. So in this route, what I'm showing -- and as you could see here, as proposed, you have Miami Dade College here on Southwest 8th Street and 27th Avenue. It will continue down Southwest 8th Street, where you have El Cristo; you have Little Havana to Go; you have Azucar Ice Cream; you have Ball and Chain; you have Domino Park; you have Tower Theater, and I could go on and on. And I will continue this route, same as before, to 1st Court, Southwest 1st Court, so Southwest 8th Street to Southwest 1st Court. The important about -- the importance about Southwest 1st Court is that there, you have Metrorail; you have Metromover and then you could transfer to another trolley and actually go to Biscayne Boulevard, Brickell, and even to the Port of Miami; which, by the way, you could also transfer and go to -- if it actually happens -- Tri-Rail in the future. Once you reach 1st Court, you zigzag a little bit, and then you hug the Miami River. So it would go by Centro Mater, which has a lot of families and realistically, they provide great childcare; you have Amigos for Kids; you have the Miami River Inn. And we will hug that until we could reach Flagler Street. And, yes, it zigzags a little bit through Northwest 1st. And then, take Flagler Street all the way down to Northwest 57th Avenue. At 57th Avenue, we will make a right turn and go to Northwest 7th Street. And Northwest 7th Street, I don't have to tell you, Commissioner Gort, and the reason why I thought that this would be a very good route is because you have all those apartment complexes, starting with Residential Plaza, and all those condominiums there. In a way, it's like a little mini-Brickell. So we would then on Northwest 7th Street head back east to 37th Avenue, where you have -- what's important to Commissioner Suarez, which is Magic City Casino. So there, it would connect with Magic City Casino, and at 37th Avenue, we will make another right turn and take 37th Avenue to Southwest 8th Street again; Southwest 8th Street, same route as we continue. You go by Versailles, and once again, you pass Miami Dade College International -- InterAmerica [sic] campus and you could continue. So that would be the route. Oh, thank you, thank you. Go to the next slide, Judy, please. Here, it's off from our screen a little bit, but you could see it's a clearer map; it's not dark or black, and you can see the red lines is what's being proposed, what I'm proposing. And all the other routes, you could see are highlighted in the other colors. Next slide. We've obtained a letter of support from Commissioner Barreiro. He is strongly behind this effort. And I won't bore you with all the details, but he is clearly behind this effort. He mentions the importance of all the tourists, of all the residents in that area. Go to the next slide. We have here also Commissioner Rebecca Sosa, which districts include, when you continue past 37th Avenue, and she actually makes mention of Residential Plaza and some of the buildings, and, you know, I appreciate her also taking a stand and saying, "Yeah, this would be a good thing." Will you go to the next slide? We also obtained a letter of recommendation from Steve Bovo, Esteban Bovo. He is currently the chairman of the transportation committee. He actually, interestingly enough, he is working -- and I don't want to steal his thunder or give any details away -- but he's actually working on a project along 836, and going to 57th Avenue, it would actually be very easy to connect to that project, which will take you east/west -- and "west, " I don't mean just 57th Avenue. It would also take you into the airport. So what we're really seeing here is the possibility of what we've spoken in the past, which is east/west; connectivity east/west. As a matter of fact, we're doing the research. I don't think we have it yet, Madam City Attorney, but I don't know if it was a year ago or so, we passed here in Commission a resolution for the MPO (Metropolitan Planning Organization) regarding a north/south route, and in that meeting, I mentioned "Listen, I'll go along with it, but we can't forget east/west." So this is a way to very easily have connectivity east/west. I mean, you clearly see in the map how all this is open, and here, you see how it will connect east/west. If you could City of Miami Page 42 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 go to the next slide, please. Here, we have a letter of Centro Mater, which I believe they're here, present. Again, I don't have to tell you the history about Centro Mater; it's very, very well documented well known, and the services they provide, so I appreciate them coming forward and saying, yes, this will be a benefit to their organization. We have CAMACOL (Latin Chamber of Commerce), and I don't have to tell you this, Commissioner Gort. I think you're even a member of CAMACOL or a past member, and they're very much, you know, onboard on this, and they think it's a great benefit. And what you're going to start seeing is all these establishments that have been here in the City of Miami for many, many years. Could we go to the next letter, please? Here, you have the Kiwanis Club, another organization that has participated in the City of Miami; and more particularly, Little Havana. They -- I think they will turn 40 years in existence in the Little Havana area this September. Could we go to the next one, please? Here, you have a letter from Miami Dade College, and I believe they're -- they have here students present that very much, once again, believe in this, and I won't steal their thunders. I'll let them tell you the importance this is for Miami Dade College. The one group -- and you'll see that there's many different groups here that will be present, in support of this. The one group that I would admit doesn't have a big presence here -- and it's partially my fault -- are a lot of senior -- a lot of people of elderly age. And the reason that they're not here is because, number one, they don't have transportation to come here; and number two, I ran into -- okay, so we could maybe come up with one or two buses, but how do we differentiate from this building or that building when the reality is that there was a large, large amount of residents that actually wanted to be here, present. So they're not here partially because of my fault, because I didn't know how I was going to be able to rent all the amount of buses to bring all the elderlies that were really in favor of this proposal. So with that said, I -- you know, I'm looking to get support. I'm looking for the debate, the discussion and take it from there. I know the Administration also has a presentation that, you know, we could listen to, and then take it from there. But there's a lot of people that are here, present, that would like to speak on this item. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. And I'm -- it's going to take a little time, as well, just like Commissioner Carollo's presentation. You know, I make this -- these statements with a little bit of a heavy heart, to be completely frank with you -- no pun intended, Commissioner. I think the Commissioner clearly listened to the County Commission; he clearly listened to some stakeholders. But I'm not so sure that Commissioner clearly listened to us, his colleagues on the City Commission. You know, collegiality, it's more than just a pretty word. It's a relationship between colleagues, as defined by Wikipedia. And colleagues are those explicitly united in a common purpose, respecting each other's ability to work towards that common purpose. The Miami Trolley System is one such purpose. It's not now and will not be in the future defined by one person. There is no Francis Suarez trolley; there is no Marc Sarnoff trolley, or Willy Gort trolley, or Keon Hardemon trolley or Frank Carollo trolley. Anyone can design a trolley route, but only some can do it equitably, understanding that there are a limited pot of funds and many diversified needs throughout the City. My time at the MPO has taught me the hard way that getting people to buy into mass transit solution takes hard work and compromise; the kind defined above. That was the spirit within which I approached Commissioner Carollo's resolution at the last Commission meeting. I told him that I could support extending what was, in essence, a one -district trolley to 37th Avenue, because it made sense. It brought together three major corridors: 8th Street, with the Little Merchants Alliance, Little Havana Merchants Alliance, many of which are here and some of the other stakeholders that he mentioned; the 37th Avenue Corridor with the famous Versailles, and La Carreta Restaurant and Magic City Casino -- by the way, neither of them or their high-priced lawyers have contacted me; and downtown, egressing from Flagler. Those comments were listened to by the Administration and incorporated into their comprehensive expansion. So to be quite frank, I was shocked. And I even had to prepare -- I don't usually prepare words, because I was so shocked yesterday when I was told from City of Miami Page 43 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 members of my staff that Commissioner Carollo was in a senior center in my district, asking residents to support -- not the City's; not ours, not the Commissioners; not the Mayor's -- but his trolley line, which, to and behold, now travels to 57th Avenue. That makes it increasingly more difficult to get buy -in from our colleagues, because that cost substantially more money in operation and maintenance and capital expenditures that can be used for other expansions. By the way, in the ranking system, the trolley that him and I were supposed to be advocating for together was ranked sixth, so what I would have preferred is to come here on a united front and make many of the arguments that he's made, and others, to try to do something together. So, you know, I have some rhetorical questions. The first was, I wonder if the Commissioner informed the residents of District 4 that his initial idea, had it been well received and approved by this Commission, would never have crossed in front of their facility. And I wonder if the Commissioner told them that their Commissioner's advocacy was -- possibly had the Administration include their route in their comprehensive plan. You know, Mr. Chairman, I believe that the residents of the 8th -- of 8th Street should have a trolley, and so, in that sense, I completely agree with the Commissioner. And I really think it should be elevated in priority from sixth to something higher. And I'd be willing to make that motion right now that it be elevated as one of the two that's sent to FDOT (Florida Department of Transportation), and I will make that motion, but, you know, we have to stop playing games with these kinds of things. This is a citywide comprehensive plan, and it's not a trolley that's named after a specific person. And I'll have my staff enter into the record what was passed out at the community center, which specifically says that he urges voters to come out or residents to come out and support the initiative presented by Commissioner Frank Carollo. So, you know, again, these are not Commissioner Carollo trolleys, or Commissioner Suarez trolleys or Commissioner Keon Hardemon trolleys. The trolley that runs predominantly through District 4 runs from District 2 on Brickell, through District 3 on Coral Way, through District 4 and it connects with Coral Gables at Ponce. The idea to extend one from 27th from one district to 37th would have connected very big stakeholders in District 4 with also Coral Gables, which has the Ponce trolley that connects the 37th Avenue close to Flagler. The reason why 57th Avenue doesn't work is twofold. The first is it goes an additional 20 blocks west, which would make it hard to get buy -in from the other Commissioners, because they also have their priorities, and this is a zero sum game, because it's a finite amount of money. The second reason is you're disenfranchising the second part of Flagami. What is a person on 67th say to me as their District Commissioner? "Well, Commissioner, you didn't fight hard enough. You only fought for the trolley to get to 57th, not to 67th," which is why I said at the last Commission meeting, very transparent here, very clearly that we should do it on a bifurcated basis. Let's do half the City in distance from downtown to 37th Avenue and at some later point, we have all of Flagami, not half of Flagami. So, you know, I just, to be honest with you, was shocked. I felt that I had extended a tremendous olive branch to the Commissioner in wanting to support what I felt was an inappropriate one -district trolley idea, to be collegial, in the spirit of collegiality so that it made sense, and one that I thought maybe colleagues that have representation in other districts could embrace. But, you know, it reminds me of a situation where a friend asks you, "Can I borrow a hundred dollars?" And you say, "No." And they say, "Can I borrow $200?" So, you know, it's -- it just -- it shocked me, to be honest with you. I've had a wonderful working relationship with the Commissioner. I hope to have a wonderful working relationship going forward, but to be completely frank with you, you know, I was very shocked when I saw this, and disappointed. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'm glad you actually showed the paper that I was passing out, and as a matter of fact, yeah, I went to many places to gather support. And let me start off by mentioning this: Unfortunately -- fortunate for some -- we have something called the sunshine law, that I can't just pick up the phone and call you. I just can't pick up the phone and call Commissioner Gort -- City of Miami Page 44 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: And that's why we have sunshine meetings. Commissioner Carollo: -- or Commissioner Hardemon, or Commissioner Sarnoff. Unfor -- you know, since I don't have that obstacle, yes, I called the County Commissioners and other people that want to see a lot done with transportations, and you know, they are members of the MPO, there are -- the different elected officials and colleagues, I call them, that I can, and by law, am able to call. I cannot just pick up the phone and call you and discuss it. I would love to. I would have loved to have discussed it with Commissioner Gort. Chair Gort: Well, we can discuss it now; it's no problem. Commissioner Suarez: You can do a sunshine meeting, too. So, look -- Commissioner Carollo: Listen -- Commissioner Suarez: Look -- Commissioner Carollo: Yeah. The bottom line is I can't -- I cannot just pick up the phone and call you, and you know that. Commissioner Suarez: Of course, you can; of course, you can. Commissioner Carollo: No, I cannot -- Commissioner Suarez: You can pick up the phone -- Chair Gort: Excuse me -- Commissioner Suarez: -- and set up a sunshine meeting any time; it's very simple. Chair Gort: Excuse me. Let him finish. Commissioner Suarez: Sure. Chair Gort: Go ahead. Commissioner Carollo: With regards to sunshine meeting, some are advocates of sunshine meetings; others are not. I'm not an advocate of the sunshine meeting. I don't know what your schedule is; I don't know what Commissioner Gort's schedule is. I don't just off the bat just say, "We're having a sunshine meeting, " and expect people to show up. I mean, there's been lots of sunshine meetings that I would have liked to have attended, and I wasn't, because I had a conflict in my schedule. I'm glad you actually showed the flyer, because what it says is an initiative that I brought forward, yeah. Commissioner Suarez: Right. Commissioner Carollo: But other than that, it doesn't have my name on it. It doesn't say that it's the Frank Carollo trolley, or the Commissioner Suarez trolley, no. What it says is, "Hey, would you like to" -- "would you like for this trolley to come by this area? And if you do, why don't you come to City Commission meeting and discuss it"; simple as that. And by the way, I went to a lot of locations, and a lot of the people that are here are here because, yeah, they received phone calls from me. So, you know, I have to admit, I'm saddened that you feel this way, because there was no ill intent on it. As a matter of fact, yes, it's something that will cross district lines. It may cross into three district lines. So again, I'm looking to move forward and see if we can City of Miami Page 45 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 continue to work together, like you said, in order to make this happen, because the bottom line is, listen, it's not going to have my name. I don't think it's going to have anyone's name. I think it's going to be the Miami trolley, and I would like to see this happen. Commissioner Suarez: Mr. Chair, ifI may. Chair Gort: Okay, thank you. The -- I think Administration has a presentation. I think it's important that Administration come up so everybody understands where we're at, and what we need and what we're doing. Commissioner Suarez: Can I just say -- Chair Gort: Yes, sir, go ahead, you're recognized. Commissioner Suarez: I'll try to be brief. Look, you know, I'm very available. I thought we had a very robust debate the last time that you proposed a trolley route. I was very specific; I was very transparent. I made suggestions in an effort to compromise with an idea that I thought had some very good components to it, which were -- specifically, the 8th Street portion of it, but I thought could be improved. And I feel that, you know, if you're going to double the size of it, essentially putting it all the way to 57th Avenue, the logical thing to have done, if you want to do it collaboratively with someone is to call a sunshine meeting. You don't know -- by the way, it was three weeks, not the regular two weeks between our Commission meetings, so I like to think that I'm generally available, and I think pretty easy to get ahold of, and pretty easy to schedule things with. So, you know, in the spirit of collaboration, it's always good -- and I'll tell you, maybe you're -- maybe you are different than I am, but I'll tell you the way that I prefer to work, and that is that way, which is collaboration. And so, to me, I would have told you in that sunshine meeting the same thing I'm telling you now. I would have not been shocked like I was, but I would have told you then, "Commissioner, I appreciate the fact that you want to propose it 20 more blocks into my district, but I don't think we can sell that to our colleagues, because they also have needs. And by the way, it's going to create a problem for Flagami, because you're splitting Flagami in two." So I would have told you, "Lees" -- like I've said in many, many occasions -- "let's crawl before we can walk." We're behind the eight ball, because we're in sixth place, and we need to have a united front; we cannot be divided, we need to be united, -- which we always have been, by the way, okay? We always have been. And that's what I would have told you at the sunshine meeting and essentially what I'm telling you now. The fact that I saw a flyer which had a proposal with your name on it, didn't say, you know, "This is something that I'm working with your Commissioner on. This is something I'm working with the City Commission on," in my district yesterday, at 2 p.m., you know, to me was very, very off-putting when there was no effort made to work collegially on it. And when your initial proposal, had I supported it at the last meeting and had it been approved, would not have gone to that community. So I thought it was disingenuous on top of everything else. And I thought it was disingenuous to not suggest to those same people at that meeting that their Commissioner was fighting for them, was trying to get them a trolley to extend to their area. So those are my -- that's my feelings on it. I wanted to be transparent about it. To be honest with you, that's how I would have preferred that it be handled. Chair Gort: Okay. Commissioner Carollo: Mr. Chairman, real quick. Chair Gort: Yes, sir. Commissioner Carollo: And I don't want to go back and forth. All I want to say is, again, we cannot discuss this outside of a sunshine meeting. We cannot discuss this outside of this meeting. I thought that this was what this meeting is about; to discuss it; to have exactly what we're doing City of Miami Page 46 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 right now, a discussion about it. I -- My intent was never for you to feel this way. My intent is really to go out there and promote this; and, yes, we've worked on many issues together, and I hope we could work on this issue to make it happen. As far as not listening to this Commission, I can't speak to this Commission; however, however -- Commissioner Suarez: This Commission spoke to you. Commissioner Carollo: -- however, however -- yes. And that's why we have Flagler and it has the 37th. So it involves -- Commissioner Suarez: And that's great. Commissioner Carollo: -- exactly what we had spoken about. Commissioner Suarez: And I -- no, it doesn't. It involves part of what we had spoken about, and I think it's great that it does. Chair Gort: Gentlemen, I gave you time to discuss this. Let's make a presentation. Can you put the signs down, facing that way, so the public can see it? Commissioner Carollo: Yes. I think they get the gist of those signs, so, yeah. Chair Gort: Okay. And then it's important and everyone understands that the trolley system works, and how it goes, and where the funding comes from. Go ahead, sir. Alice Bravo (Deputy City Manager/Chief of Infrastructure): If can, Commissioners, the reason we put this presentation together and this item in the agenda is that we're coming up on a deadline from the Florida Department of Transportation of June 1. They have an annual program by which they receive grant applications from municipalities to develop new transit routes. The City has been the beneficiary of this program over the past several years. This program provides 50 percent of the operating funds over three years for when you start a new route. So basically, we know the type of allocation that FDOT has in any given year. In this year, for example, they'll have about $1.5 million available, approximately. So we feel that that means they would be able to match up to 50 percent one of our routes, or multiple routes, in an amount of 500, 000 per year for three years; that's what that 1.5 million allocation means. So basically, we have several routes that have been suggested through different discussions. The cost of the routes we have far exceeds the amount of funding FDOT has, so we think it's important that we prioritize our routes and submit one or two applications; and that way, it's the City of Miami setting the priority for the routes, rather than FDOT flooded with applications. Chair Gort: Thank you. Yes, sir. Carlos Cruz-Casas: Well, good afternoon. My name is Carlos Cruz, the Transportation manager for the City with the Capital Improvement & Transportation Program. Thank you very much for the opportunity to be here. As Alice mentioned, we have completed a preliminary analysis of areas for future expansion; just to start considering this area for some alignments of the Miami trolley to serve more areas of the City of Miami. These are preliminary analyses, and additional studies is to be done in order to finalize the alignment. As Alice mentioned, this is based on the request from the City Commission, the Office of the Mayor and residents and businesses of the City of Miami. It's a preliminary analysis, taking into consideration the characteristic of the existing Miami trolley and the Miami -Dade Transit bus routes in the areas. As mentioned, this is just an initial ranking for these routes. We have seven routes, and we have look at them as either running in areas that were underserved; they're running in area that are density [sic]; they have a higher density; whether they provide connectivity or whether or not there is parking available in order to continue to promote the use of transit. As you can see here, City of Miami Page 47 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 this is a summary of the operational characteristic of the routes; the major corridor that they will be running; and we have the Coconut Grove route, which will be extended; the Brickell route from the Mercy Hospital down south to Coconut Grove, running on South Bayshore Drive. It is a two-way operation along the one lines that helps with the short trips for in between. Then we have Calle Ocho or the Flagler Street. There's -- we're going to be looking here today at two different options for the Little Havana route; it is a one-way loop. Then we have downtown (UNINTELLIGIBLE) plan. This is more of a comprehensive approach for downtown to continue to promote transit in the City of Miami. And we have Wynwood, the MiMo (Miami Modern) District, 17th Avenue. I'm going to go in details for each one of these route right now; how they look in the overall map, and assuming version to go into details for them. Throughout the presentation, you're going to see these icons in there that's just showing you the connectivity to the existing transit service. We have the Metrorail system, the Metromover, the bus system, the existing trolley routes and the future routes are included in this presentation here today. So let's start. We have Coconut Grove, the Brickell extension. As I mentioned, it is a short route at 6.2 miles in terms of how it compares to the others that we have. It runs along Bayshore Drive, and we're looking at it for a seven-day service. In this zoom -in map, you will see that our proposal will be to extend it from the Mercy Hospital down south, connecting West Grove, Central Grove and North Grove to the Miami trolley system and connecting to the Brickell Avenue. In the right, you will see that we have currently in this area only two Miami bus -- Miami -Dade County bus routes; one is the local circulator 249 and the route 48, which actually has a 60-minute headway is the only one that runs along Bayshore Drive. The next one that we have is the Little Havana route. This is the one that was spoken with Commissioner Carollo; it was recently discussed. It's a 13 and a half miles long. The roundtrip for this one would be 80 minutes, and this route, when compared to the others, it runs in a one-way loop. One-way loops are -- it's good, because we're keeping the cost down to serve a big area, but then it has some problems when we're looking at the short trips. And we have -- the distance between 7th Street and Flagler Street is half mile; the distance between Flagler Street and 8th Street is half a mile, so if we're using it for short trips in between, it will be difficult for the rider to go back in the same system and will have to just jump in, and do the entire loop and come back. Again, we can use -- either walk eight blocks or take Miami -Dade Transit to come back. Commissioner Carollo: Expected headway? Mr. Cruz-Casas: Expected headway for this one is 18 minutes. Commissioner Carollo: Before another bus -- another trolley comes? Mr. Cruz-Casas: Yes. Commissioner Carollo: Every 18 minutes, another trolley will come. Mr. Cruz-Casas: Thank you for asking. The information on the bottom right, it has expected headways; that's the timing between bus service and the Miami trolley services. Onthis one, we're looking into an average speed of 10 miles an hour. That helps us to maintain that headway with only five vehicles at this time. The -- this is in detail. We're serving West Flagler, Little Havana and the Brickell areas. It's a one-way configuration, as Commissioner mentioned earlier. One of the things that this highlights is the connection to the Miami River, crossing through Jose Marti Park, getting to the historic area by the Miami River Hotel and coming back to Flagler. This area is well served by Miami -Dade Transit; it's about eight routes already running along these corridors. And Flagler Street has an effective headway, meaning the amount of buses going there is high compared to other corridors, and it's about four minutes expected headway for Flagler Street; eight minutes in the Calle Ocho Corridor. The shorter route for Little Havana is truncating in the Flagler Street approach at the 37th Avenue, connecting the Magic City Casino with the Little Havana area and the Brickell area. This allow us to operate the system more efficiently and start removing that concept that we have some of City of Miami Page 48 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 the short trip phenomena and the lack of service on the opposite direction. In details that we can (UNINTELLIGIBLE) serve the Jose Marti Park and Miami River; also looking at the Inter -American campus and Miami Dade College for this route. The Downtown Livable Transportation Plan is a concept that was developed by the City of Miami's Administration trying to adapt to the changes in downtown Miami and the City of Miami in general to promote the use for transit in the City and continue to expand on the existing services that we had. The idea will be to rethink the way the Miami trolley system operates in the City of Miami in downtown, and provide more with a greater system in downtown; make sure that nobody in downtown is more than 1,500 feet away from a transit stop. And the livable component of it will be -- start having what we call livable -scale vehicles; it's a smaller vehicle than Miami trolley. It fits better with the fabric on the downtown, the walkability that we have, rather than having all these regional buses flying through downtown at higher speed, just trying to make up their time. We've studied this back in March 2014, and the livable plan transportation plan also looks at parking management and other compatible services, such as DecoBike, the Car2Go and other services. With the addition of All Aboard Florida, Tri-Rail; now, the centralized bus terminal, they were going to be the grand terminal in governor [sic] center. The City of Miami trolley grid system in downtown will enhance mobility in the area. Moving on, we also have the WynwoodArt District. This route is a short route and is serving an area that is underserved at this time, and is well booming. We have in detail a connectivity to the Allapattah route at the Omni terminal to the Biscayne route, to the Metromover and then any other bus routes standing at the Omni terminal. It is a loop going to Northwest 2ndAvenue and coming back to provide service to the area. Unfortunately, in this area in 2nd Avenue, we only have one route, which is Route Number 2, and it's about 20 to 30 minutes headway, so. One of the other areas that were looked into is the MiMo District; this is an extension for a connectivity along Biscayne Boulevard all the way up to 79th Street; the area that is increasing activity and they wanted some connection to the other system in the area. We have this long route connecting 79th to the Midtown area. It says through our preliminary analysis, one of the things we looked into is perhaps we have the opportunity to combine this with another request that we have, which I'm going to be talking a little bit later, is the Little Haiti circulator, which is also as part of this analysis, and that's why you will see on the bottom section of the route, we have a one-way configuration, which can be reversed within Little Haiti, and this has the opportunity to combine them in order to improve operations. The next request, that we had a look at 17th Avenue Corridor. The first idea was to connect a trolley on the 20th Street up north to 36th Street. Our Administration looked at the potential to enhance this route and extend it all the way up to the Metrorail station at the Earlington Heights station, next to 17th Avenue; drive south past 20th Street, where it will connect with a successful Allapattah trolley and connect down south to the Miami River and the Civic Center. Only one route serve this area right now, and this service will enhance the transit service in this area. The last one, but not least, of course, we have the Little Haiti. This is one I mentioned it had the potential to also be combined with the MiMo in some aspect; we have to look in that into more details. This is another that has a one-way configuration in a figure eight, and it will serve from the Midtown area, connecting with the other existing routes and transit system that we have up north to approximately 71st Street, and connecting to the cultural centers and the residential areas. This is the map as it looks. We will -- just showing one of the Little Havana routes, and we start seeing how the Miami trolley system start filling the gap in the areas. We're looking right now at adding 27 vehicles to the current system for operations -- not the fleet -- I'm talking operating vehicles, and that takes us up to 54 vehicles in operations. It is in red in this slide; I'm going to go into a little bit more details. There is a Federal regulation that says that any entity that runs more than 50 vehicles during the peak hour basically turns into a transit agency, and it's a lot more requirements -- Chair Gort: Bring the mike up a little bit. Mr. Cruz-Casas: I'm sorry? Chair Gort: Bring your mike up a little bit. Bring your mike up a little bit. City of Miami Page 49 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Cruz-Casas: Sorry. You hear me now? Chair Gort: Yeah. Mr. Cruz-Casas: There you go. Commissioner Suarez: It's like the Sprint commercial. Vice Chair Hardemon: T-Mobil. Mr. Cruz-Casas: And -- Commissioner Suarez: Can you hear me now? Can you hear me now? Mr. Cruz-Casas: -- this is a table that compares the -- all the routes and the cost that we have. In the top portion, we have our current routes with their current operation times that exists and the cost that will have, and for the purposes of this meeting, I looked at only the year -- fiscal year 2016, and we have approximately, with fuel and our current service, over $4 million for next fiscal year. If we were to add all the routes, as Alice mentioned, then we'll bring in an additional 4.3 -- $4.4 million; getting it up to $8.6 million in operation for the Miami trolley, including the fuel. The Little Havana component in this table is the shorter route that we presented to the Magic City Casino connection at 37th; however, there is a note in the bottom that says that the cost from Little Havana will increase from $580, 000 a year for the current proposal here to 730, plus the 20 grand for fuel of one additional vehicle. This analysis is only looking at it as if we were owning the vehicles; that's another component. Right now, we don't have any more available vehicles to run the service, and we'll have to start looking into the acquisition of the Miami -- with more vehicles to serve these routes. Ms. Bravo: In addition to this, in your handouts that was emailed last week, there's a table that looks at the overall program and our availability of funding. Do you want to bring that up? Commissioner Carollo: And -- I'm sorry. And before you do, Mr. Cruz-Casas, I have a question. Mr. Cruz-Casas: Sure. Commissioner Carollo: With regards to the 54 vehicles and the total cost, are you deducting any routes? In other words with -- I don't know if it's the Brickell or the Biscayne Boulevard livable plan -- are you deducting any of the ones from Coral Way in order to arrive to the 54? Because, in other words, you're extending -- Mr. Cruz-Casas: Mm-hmm. Commissioner Carollo: -- but according to what I saw, you're also deducing some routes, and therefore, less vehicles, less cost. In your analysis of 54 trolleys and the total amounts, did you deduct those amounts, those other routes already? Mr. Cruz-Casas: No, no; that's a good point. I did not take it away from there. Commissioner Carollo: So that could be less than the 50 that's mandated by Federal Government to -- Mr. Cruz-Casas: It will -- it -- the plan and the conceptual analysis I mentioned before will only reduce two vehicles in the Coral Way, so from 54, we're going to go back to 52. But still -- this is a summary of all the routes they're -- Miami -Dade Transit routes. They're already running in City of Miami Page 50 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 these corridors with the scheduled headways that we have, just for the purpose -- and as it ties back to the services already provided in the areas, and this is part of the things that we're looking as part of our ranking, to see whether the areas is served or underserved at the moment. Then, as Alice mentioned, we already looked into the overall picture of -- and all the expenditure, and this is looking at the funding for the Miami trolley, which we use this half cents surtax, and if we were to add all the routes, as per proposed in this presentation, you have the years of -- rolling out for these routes, it basically says that we're going to -- running out of our reserve by years 2017, and that will be just immediately when we start connecting all these routes. Ms. Bravo: And this table actually reflects -- you know, right now, we set aside 20 percent of our half cent sales tax revenues and we reserved that for transit use. Because we started collecting those revenues several years before we started operating the trolley, we actually built up a reserve in that category. And so right now, our annual operating cost exceeds our current 20 percent set -aside, but we're basically bleeding down that reserve that was established before we started running the trolleys. So we know right now that just with our current routes, we exceed our 20 percent set -aside. Once we bleed down the reserve, we'll have to set aside a greater proportion. So this table actually takes into account the entire half cent sales tax revenue that we receive. It includes how much we are required to pay in terms of debt service towards our street bonds and obligations of the current routes. And I'll again caveat, using today's rates in the trolley contract; that could go up. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Yeah, and I just wanted to kind of reiterate that caveat that you just made, which is that that's assuming today's rates. If we did the entire expansion -- which I don't think that's what the Administration is proposing -- it would trigger, certainly, a renegotiation, which might increase the cost by somewhere in the vicinity of 25 to 30 percent, based on the way it's costing other jurisdictions, so that the actual operational deficit plus the reserves might dwindle even faster than what we projected. So what -- I just want to remind this Commission that we've talked about this before, and we decided that at some point, we have to start thinking about, you know, the general fund being a portion of providing this mass transit to our residents. And I'll urge this Commission and probably bring some form of legislation in the near future creating a transportation trust fund, because we need to set aside funds, not only for operation and maintenance, but also for matching funds for mass transit opportunities. So, you know, I just want to put that clear on the record, which why I think that Metro -Dade is only asking us for two choices out of the seven. Ms. Bravo: Correct. And if you look at the next to last table, when Carlos presented the individual cost of the routes being proposed, there are several routes that exceed $500, 000, the amount that FDOT has available to match. So, for example, the Coconut Grove extension or the Little Havana, each one of those exceed 500, 000. So if we submitted a single application for a large one, it would be one of those. If you look at Little Haiti, 250,000; and -- there's another one -- Wynwood Art -- 295, so we could potentially submit those and receive the full FDOT match. So in the development of the cash flow table, Mr. Cruz-Casas has assumed that we're starting the routes discussed today over a four-year time period so that we would have a sequencing and a series of applications to FDOT, and receive grants in each one of those years. So this table actually assumes funding assistance from FDOT, but a slower implementation of the routes. And even then, with the need to acquire trolleys, you see that we're running way over our total amount that we receive in half cent sales tax; so another indication that, just with that funding source alone and the amounts we've already committed to Tri-Rail for the All Aboard station that we far exceed our current revenue source. Commissioner Carollo: Question, Mr. Chairman. City of Miami Page 51 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Thank you. Yes, sir. Commissioner Carollo: You said 500, 000. I thought a FDOT match could be as high as 1.5 million. Ms. Bravo: They have 1.5 available for the cycle, and their match is over a three-year period, so that 1.5 is up to 50 percent over three years; that's why 500, 500 and 500. Chair Gort: Thank you. Ms. Bravo: And that's an estimate. They receive those funds from a statewide distribution, so that's their estimate of what they might receive in a given year. Commissioner Suarez: Mr. Chair, may I ask a question? Chair Gort: Thank you. Yes. Commissioner Suarez: May I ask a question? Chair Gort: Yes. Commissioner Suarez: I just -- my question is: Why did the Administration propose that the Little Havana trolley go to 37th Avenue instead of 27th or 57th? That's my question. Mr. Cruz-Casas: Yeah, Commissioner. One of the things we're looking is the -- to be more effective in the operations that we have; effectiveness in terms of how it works. Going all the way up to 57th Avenue not only is adding one more vehicles into the operations -- again, we're going to have to acquire one more vehicle -- it is also a longer route that will deter the use for the transit person or user to go to Little Havana from the Brickell area or vice -versa. I always like to say that the Miami trolley system and the local circulators, unlike the Miami -Dade Transit bus routes, it is an assembly of short trips, and we should design as part of it and try to make sure that we can serve those from one place to the other. There's always one option, and we talk before, which would be having overlapping routes in order to -- Ms. Bravo: And one more -- Chair Gort: Thank you, thank you. Wait a minute. My understanding is we're here because people are waiting to speak. I would like for them -- listen to them. And we're here to see what do we do. Okay? With all the facts that have been given to us -- like I know I requested 17th Avenue (UNINTELLIGIBLE) a long time ago, but the project that I'm doing in 17th Avenue is not ready, so I can wait and mine can go back so -- and I think we all believe, we understand the Little Havana, 8th Street and the Latin Quarter is very important and so on. So what we need to do is really pick up the right routes, okay? Yes, sir. Commissioner Carollo: Commissioner Gort, thank you, and a follow-up, because this is something that we had discussed. If it goes through 37th Avenue, you could actually do another route with 57th Avenue, correct? Just -- it's another circulator connecting 37th, which, literally, you could -- actually, you would have to change; you would have to transfer to another trolley, but it's the same concept. Mr. Cruz-Casas: And I believe that's where you mentioned that that would be having a longer route to serve the entire Flagami area and then overlapping with -- Commissioner Suarez: Right, of course. City of Miami Page 52 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Cruz-Casas: -- Little Havana, trying to keep the routes short. Commissioner Suarez: That's what was said at the last Commission meeting. Commissioner Carollo: Right. What I'm saying is have a second route from 37th to 57th so it goes around; however, on 37th and Flagler, you could transfer and go into the Little Havana and Southwest 8th Street. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I have to, I'm sorry. I feel similarly to what you just said on 17th Avenue. What we talked about at the last Commission meeting when this was a District 3-only trolley for - - up to 27th Avenue was that if we extended it slightly larger, we can connect major economic drivers with Coral Gables, as well, just like we did on Coral Way; the same, exact concept. And I said I'd be willing to wait, because it doesn't make sense for us to do half of Flagami; we need to all of Flagami, because I'm going to get the calls -- not the Commissioner, with all due respect - - from the people on 67th Avenue, or 64th Avenue, or 72ndAvenue, saying, "Hey, did you just like to forget to fight after 57th Avenue? What happened? Did you fall asleep or something at the meeting?" So, you know, that's the problem. And, you know, with all due respect, it also adds cost. So if I'm looking at it from another district's perspective, I'm saying, "Hey, why are you going to extend another 20 blocks into District 4 when I have a critical need that can go free flowing on a north/south basis, or on another basis?" So that's the part that, for me -- I mean, I'm almost arguing against my own interest. I mean, I would love to see more trolley routes in my district. I just don't think you guys would support it, because I'm not so sure that I would ifI were in your situation. Chair Gort: Okay, gentlemen, why don't we hear from the public, and then we'll continue our discussion. Commissioner Carollo: Yeah, but I just -- I need to say it, you know. And, yes, hey, listen, if you want to advocate against your own interest, hey, so be it, but -- Commissioner Suarez: You didn't even get a second on your vote. Commissioner Carollo: -- it's not even -- Chair Gort: Guys, excuse me, let's go. Commissioner Suarez: You didn't even get a second on your vote; that's the whole point. Commissioner Carollo: It's not even -- Chair Gort: Look -- Commissioner Carollo: -- completely -- Commissioner Suarez: And being realistic, we need three votes to get a trolley -- Commissioner Carollo: Mr. Chairman, who has the floor? Chair Gort: Excuse me. City of Miami Page 53 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: -- passed. Commissioner Carollo: Mr. Chairman, who has the floor? Chair Gort: Go ahead. Sorry. Commissioner Carollo: Thank you. And, you know, listen, I just hope we maintain the decorum that we've always maintained here, and, you know, in these historic chambers. I mean, in all fairness, we've gone through so many, many, many difficult issues, and, you know, we've always maintained the decorum here in these historic chambers, and I just hope that we could, you know, maintain these -- you know, this decorum and have a civilized, you know, discussion and debate. I mean, listen, I understand you're upset. I understand you're -- you know, believe me, it was never my intent that -- for you to be so upset. Realistically, I'm -- I was reaching out all over to get supporters. And by the way, to 57th Avenue, I just thought, hey, for $125, 000 more a year; $125, 000 more? We get a big piece. I mean, you see how far west we go. And that's connectivity. Chair Gort: Okay. Commissioner Carollo: And that goes, you know -- Chair Gort: Thank you. Commissioner Carollo: -- to a lot of areas, like I said -- Chair Gort: Hey, you guys, I'm not going to have you two guys arguing all night long. We got a whole agenda we haven't finished yet. Commissioner Suarez: Mr. Chair. Chair Gort: We have people who would like to speak. Yes, sir. Commissioner Suarez: Okay. Chair Gort: That's it. Commissioner Suarez: My point was simply he drew a district -specific trolley line at the last Commission meeting. Unfortunately, he could not get a second for his motion; the reason why was because it did not go comprehensive enough. We had a compromised solution that wouldn't have been the Francis Suarez proposal, the Frank Carollo proposal. It would have been the City of Miami's proposal, which, ironically, is precisely what the Administration proposed, okay? Which, hopefully, we all could have compromised together to make happen. Unfortunately, now, we are, as you said, throwing spaghetti at each other rather than -- Chair Gort: We can still do that, so don't -- Commissioner Suarez: Thank you. Chair Gort: Just let me tell you something. This route, the extension to it, I'm not in favor of it. I could have gotten just as many people, even triple the people they got here, and I think I could receive a letter from just about as many Commissioners with the County, and State, and so on and I didn't do that, okay? Let's listen from the public, and then we'll discuss it -- Commissioner Suarez: Of course. City of Miami Page 54 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: -- and I think we all agree that we need to do something within the Little Havana area; we've worked for it for a long time, all of us. Commissioner Carollo: Fair enough. Chair Gort: Okay. Todd B. Hannon (City Clerk): First three speakers: Catheryne Mora, Jordan Galeas and Jose Navarro. Catheryne Mora: Good afternoon. My name is Catheryne Mora. I am the vice president of Student Government Association in Inter -American Campus. I'm from Miami Dade College. I am here to speak in favor of the Little Havana trolley system. I stand strongly for this new and hopefully permanent Brickell/Little Havana trolley system, because I believe it will help our students travel between two campuses. It will help us with classes, which is a big problem. I sometimes run late from one campus to another, because even with an hour, there's so much traffic congestion. This trolley, I believe will ease traffic congestion in the area, and reduce the demand for parking on the campus. Also, easing traffic congestion -- I'm sorry -- will help eliminate the effects of pollutants found in car exhausts, which are high, because of the high volume of cars in our inner cities. I read the resolution now for this project, and I understand that the trolley system will be very costly, so maybe to help recover some of those funds, I propose maybe a fare to each person riding the trolley -- maybe 25 cents -- because they will, I assume, just go from Brickell to downtown and Little Havana. To follow up with Commissioner Suarez, the extension to 57th might be a little bit too far out, and, like we said, we will be leaving the west side empty; and, of course, it would be like unfair, I find it. So maybe for the near future, we can stop at Little Havana or -- I'm sorry -- we can stop at the connection to Ponce, and later on, within the near -- in the far future -- I'm sorry -- we extend to more west of Miami. If the City of Miami is still weary [sic] about making this new trolley system just to look -- I'm sorry -- if we are weary [sic] about making this permanent, just look to the Coral Gables trolley system and how successful and beneficial it has been for the -- not only the residents, but the students of Coral Gables. Thank you. Commissioner Suarez: Good job. Chair Gort: Let me tell you, excuse me. We're not going to applaud. If you applaud, we got to stop and we have a lot of agenda still to go. Now, we give everyone two minutes, and after two minutes, we let the other speaker speak. You'll hear one beep, which means you still have 30 seconds. When you hear the second beep, the two minutes are up and try to conclude as soon as you can. Yes, sir, you're recognized. Jordan Galeas: Hello. My name is Jordan Galeas, and I am the president of Student Government Association in Miami Dade Inter -American Campus. I am much in favor for this trolley not being extended out to 57th Avenue; just like my colleague, Catheryne said. Of course, going in from Brickell into Little Havana, I do agree with that. Also, I am here to say we have thousands of students who ride the bus. All right, the bus is $2.50 every time we go on it. As is, we already pay for books; we already pay for classes; we already have things to pay for in school. We can't afford to pay for buses all at once, as well, you know. Me, myself, I have a job. I have worked two jobs, so I am a huge advocate for this trolley and I believe we really need to have something like this going on. Like Catheryne said, maybe proposing 25 cents, 50 cents; even if it's just a dollar, maybe that's something that we can work with, because $2.50, even just that is too much, and it's a little outrageous, if you ask me, for college students. Thank you. Chair Gort: Thank you. Let me ask a question. Mr. Galeas: Yes. City of Miami Page 55 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: You don't get a discount, student discount? Mr. Galeas: If you go to college, you pay a bus pass a month, and it's about $60. Chair Gort: Okay. Thank you. Mr. Galeas: Thank you. Chair Gort: Yes, sir. Jose Navarro: Good afternoon. My name is Jose Navarro. I am with -- representing CAMACOL, 1401 West Flagler Street, and I'm here to say that we are in favor of a trolley system, some kind of agreed trolley system, and, you know, on Southwest 8th Street/Little Havana area. It would be a great opportunity for local residents to get around their neighborhoods, as well as business community would feel a great impact in increased business. The visitors and tourists would find it beneficial, as they can get from point "A" to point "B" in -- at east, at some kind of ease. The trolley system that currently services Flagler Street, that also takes you Marlins Park, as well as navigates from -- through local area hospitals, has been successful, and I believe a Southwest 8th Street expansion would be, as well. Okay, thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Cisse Toro; Bill Talbert and Miguel Soliman. Chair Gort: Sorry, we can't hear Bill. Cisse Toro (as translated by Maribel Alonso, official Spanish interpreter): Good afternoon. My name is Cisse Toro and I represent the family of Centro Mater. They have there about approximately 500 families there. We do agree with the trolley, the Little Havana route, for two reasons. The first reason is because there are many families; they don't drive, they don't have a car, so we use the mass transportation, and it is really expensive. And the second reason is because there is not a lot of parking in the -- Commissioner Suarez: Area. Ms. Toro (as translated by Maribel Alonso, official Spanish interpreter): -- area, in the adjacent street, so it is very complicated for all the people who have to park in that area. And that would be all. Thank you very much. Chair Gort: "Gracias. " Next. You going to need a translator? Bill Talbert: Good afternoon. We'll see. Bill Talbert, president and CEO (Chief Executive Officer) of the Greater Miami Convention & Visitors Bureau, 701 Brickell Avenue, Miami, Florida 33131, United States of America. I think it's kind of timely today. You know, we had our State of the Industry message this morning, and we released our new visitor profile, and I can tell you that in terms of the Little Havana -- and it's very popular -- we opened a visitor center on there around March 24. We're opening a visitor center in Little Haiti next Monday; everyone's invited. But the data released today showed that for international visitors -- and that's half of your visitors -- Little Havana was in the top 10 most visited places in our entire town, so I think that speaks volumes to the need for other options for those visitors in the Little Havana area. So I'm going to give you time back. But that was just released today. Commissioner Suarez: Good job. Mr. Talbert: Top 10. Thank you. City of Miami Page 56 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Thank you. Keep up the good job. Miguel Soliman: Good afternoon, Mr. Chairman, Commissioners, ladies and gentlemen. As a resident and business owner for the City of Miami -- my name is Miguel Soliman-- I feel that the trolley system that Commissioner Frank Carollo has proposed is very much in need. My business is that of building apartment buildings and condo. Most of my building -- 90 percent of my business is in the City of Miami, in Little Havana specifically, west ofI-95. On a daily basis, I hear the need from the new residents to Little Havana of the trolley system as it's needed going through 8th Street. I employ hundreds of people and subcontractors; and they, too, express the need for this trolley system. It's very much needed. In regards to the extension that Commissioner Suarez is so upset about to 57th Avenue, I have lived as a resident of City of Miami in the past on Flagler and 57th Avenue; I have lived on Northwest 7th Street and 54th Avenue; I have lived on Northwest 7th Street and 43rdAvenue, and I wish when I lived in these locations I had the trolley system that Commissioner Carollo is proposing. It would have been of great benefit to me. I'm sure the thousands of residents that we have along that corridor on 7th Street and the elderly on 57th and 7th Street would very much appreciate that need. Chair Gort: Thank you, sir. Mr. Soliman: In closing, I would like just -- I would like to commend Commissioner Carollo for recognizing and supporting the needs of the residents and business owners of the City of Miami. Thank you very much, Commissioner Carollo. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Next. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: Thank you. Let me just be clear. Despite what the Commissioner says, I'm not upset about the fact that he has proposed a trolley that goes to 57th, and I certainly wholeheartedly agree with you that people along that corridor would love to see a trolley. In fact, there should be a trolley that goes all the way to 74th, which is actually the western boundary of the City of Miami. The problem that we have is that there's a finite pool of money, and there's five Commissioners, and each Commissioner has areas in their part of the City which have those needs, as well. So what I was simply doing was trying to create a consensus, because the Commissioner -- in the last Commission meeting where none of you, I guess, were asked to come -- proposed a trolley system that went only to 27th Avenue, and couldn't get the consensus of the other Commissioners. I tried to help the Commissioner at the time and proposed a trolley system that went to 37th, thinking that maybe we could get a little bit more buy -in, and that's where we're at here, which is why the Administration, in listening to both our concerns, proposed one to 37th, because they thought that was the most west that we could go and create enough consensus with the rest of our Commissioners. So what irks me is not so much, you know -- there's a lot of -- a little bit of extra drama here than is probably necessary, but certainly, there should be a trolley system that goes from 37th all the way to 74th; and you're absolutely right -- Chair Gort: Excuse me. Commissioner Suarez: -- it should -- City of Miami Page 57 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: I'm not going to have debate back and forth. We have too many people waiting here. Any question that we have, take note, and we'll answer it at the end, please. Who's next? Commissioner Carollo: Just a correction, Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: The Administration proposed to LeJeune Road, 42nd, not 37th Avenue. Chair Gort: Okay, thank you. Mr. Hannon: Next three speakers: Sanje Lara, Susan Battle, and Carole Ann Taylor. Sanje Lara: Good afternoon, everyone. My name is Sanje Lara. I'm the president ofPPL at Miami Dade, which is the Future Business Leaders of Tomorrow, and I'm an advocate for the trolley system, because public transportation in the United States is an essential piece of the answer for the country's financial vitality and ecological challenges, serving to bring a superior quality of life to its residents. It appeals to each section of the American culture. Families, communities, and organizations profit from its outcome. Extending the free trolley system from Brickell through Little Havana would be an asset to the City of Miami. This green alternative reduces pollution and provides accessibility to this lacking -- to those lacking transportation, opening a window of opportunity for the economy to flourish. The mobilization will allow an increase in both employment and consumer involvement, as well as easing local traffic congestion and mitigating parking conflicts. As a student of the honor's college at the InterAmerican Campus, I have personally experienced that the program has a great deal of collaboration between Wolfson Campus and InterAmerican Campus. The trolley would be an easy and accessible transportation, subsequently being more efficient -- time -efficient for everyone. Finally, the trolley can serve as a foundation for its riders to innovate new connection, meet new people, and exchange ideas to keep molding Miami into the great city which stands today. Thank you. Chair Gort: Thank you, ma'am. Commissioner Suarez: Good job. Chair Gort: Next. Susan Battle: Hi. My -- I'm going to be very short and sweet. My name is Susan Battle, and I own Azucar Ice Cream. I love the idea of the trolley. I also sit on the board of Viernes Culturales. I also sit on the board for Miami Dade Advisory. I love the fact that it could take Miami Dade, both campuses, and go through. I think it's an essential to have it go through 8th Street not only as a business owner, but also for the students and also for anybody who wants to come and visit that area. The parking situation is a nightmare, and I believe that this is going to actually answer all of these questions. Commissioner Suarez: Awesome. Chair Gort: Thank you. Ms. Little Havana To Go. Carole Ann Taylor: Good afternoon. My name is Carole Ann Taylor, the owner of Little Havana To Go, and I'm here as well representing Viernes Culturales. I'm here to speak in favor of the trolley system. It's been a long time coming. And I tell you that one of the most important things -- there's several issues, but one of them is that neighborhood to neighborhood is happening in Miami, and that -- and being able to bring someone from Wynwood to Little Havana or Little Haiti to Little Havana, all of this is going to enhance the multicultural flavor of our City; as well, City of Miami Page 58 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 there are many visitors that come to Miami, and they are different types of visitors. There are those that ride the tour buses. There are those that come in a limousine, but there's also that whole group of people that want to explore on their own, and those are the people that would ride on a trolley. So I was here to speak in favor of it. I just want to take a point of privilege and thank all of you -- I haven't had the opportunity -- for appointing me to the Arsht Center for the Performing Arts from this Commission, and would like to invite you to Rock Odyssey, which is happening -- we're bringing fifth graders from all over Miami -Dade County, Rock Odyssey. We would like for you to come and see it. It's tomorrow and all next week, either at 10 a.m. or 12 a.m. If you want to go or bring your children, let me know. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next 2 speakers: Becky Matkov and Jose Zelata. Becky Matkov: Hello. I'm Becky Matkov, a past director of Dade Heritage Trust, and a current Florida Trust for Historic Preservation trustee. And just wanted to thank the City of Miami, actually, for providing trolleys, donated. Thanks to last -- well, actually last fall, thanks to Commissioner Suarez, when we had a workshop and tour of Little Havana and Shenandoah, which was wonderful. And then just this past weekend we had tours of Little Havana for the Florida Trust Statewide Conference held at the Marriott in the Omni area. And then we had tours going through Little Havana, and then Coconut Grove and Wynwood and Overtown and Little Haiti. And so the trolleys were a wonderful transportation source, and I thank certainly for the resent donation, which was instigated by Mayor Regalado, and I really thank the City for this. And I think that's a wonderful, wonderful thing for tourism to have, particularly of Little Havana, because people really want to see Little Havana when they come to town. Thank you. Chair Gort: Thank you, ma'am. Yes, sir. Jose Zelata: Good afternoon, Commissioners. Sorry. Jose Zelata, representing STVN Management, El Cristo Restaurant, owner. Good to see new generations behind those seats, and Mr. Gort. We are on behalf of the citizen, I believe, is decision of expanding the surveys, and I believe it's a time was to get in to pay back the citizens something that they can afford to get on and hop off -- hop on. And this is not idea of you getting together or not; it's idea of how and putting things together. I believe it will be beneficiary for citizen, business owners, and local (UNINTELLIGIBLE). Commissioner Suarez: Absolutely. Mr. Zelata: Thank you. Chair Gort: Thank you. Next. Mr. Hannon: The last two speakers I have signed up for item RE.2 are Bill Fuller and Jakelin Sarracino. Bill Fuller: Good afternoon. Bill Fuller, co-owner of Barlington Group, also chairman of Viernes Culturales. On behalf of Viernes Culturales, I would say that we are very, very much in favor of a trolley route through Little Havana. As Bill from the Bureau said a few minutes ago, we had a very successful launch of the visitor center a few weeks back. I'm proud to say that we're receiving about 60 visitors a day to that visitor center. I believe we're receiving about three million visitors a year to Little Havana. The connection between 1st Avenue and Brickell through Flagler to a campus and back down 8th Street, I think, is an extremely valuable route and one that would provide a tremendous amenity to the visitors that come, even those that might come to Miami International Airport, come -- use the Metrorail link down to Brickell, and then perhaps, if they have a layover a few hours, could decide to take a stroll down into the Little City of Miami Page 59 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Havana neighborhood. The last thing I would like to say -- that I would like for you guys to consider -- and maybe the Transportation Board -- is this idea of perhaps including some type of like audio guide or some type of map or something with the visitor -- with the trolleys that would allow for historical landmarks and important other marks on the trolleys to be included, and I think this is something that we could hopefully include in the Little Havana route, but I think it would also be very useful in all of the routes, in all the trolley system. It really could be seen as a vehicle for a lot of our visitors that come. Thank you so much. Chair Gort: Thank you. I'm sure the Greater Miami Convention & Visitors Bureau will help us with that. Yes, ma'am. Jakelin Sarracino: Good afternoon. My name is Jakelin Sarracino. I am the owner of the Little Havana Visitor Center at 1600 Southwest 8th Street. I've been in the neighborhood since 1999. I brought my business there, and it's been extremely fruitful for myself and my family. I can tell you that I have seen the neighborhood flourish. It's done better; it's done worse, but we need to make it do better. I think bringing the trolley system to Little Havana is going to do that. It is going to help move the people that are in the area who don't have the means sometimes to get around to be able to get to where they're going. I think it is going to create a traffic that we don't currently have. I think it is going to have the tourists that come to the area on these tour buses every day, whom I get to see the following day when they come back and say, We were here yesterday. We wanted to come back, but we had to take three buses or a taxi that was $25. " Currently, there is not -- there is but not comfortable -- access from Little Havana to Coconut Grove. That is one of the main things that I get asked every day: "How do I get from here to the Grove?"When you tell a stranger to the City that they have to take a bus, and then they have to take another bus and then they have to take a train to get to downtown, it's a little overwhelming for them. I think it's time that we make these changes. I think -- if making the route shorter, longer, just as simple as possible to get this going, I think it's very important. This is very dear to me, because a few years back, my husband -- I think you recognize this, Commissioner Suarez. Commissioner Suarez: Absolutely. Ms. Sarracino: Took this to your office to try and put into the system a trolley system for Calle Ocho. Commissioner Suarez: Absolutely. Ms. Sarracino: You remember, right? Commissioner Suarez: Of course, of course. Ms. Sarracino: Okay. Well, years later, it doesn't matter if they name it -- Commissioner Suarez: (UNINTELLIGIBLE). Ms. Sarracino: -- the "Suarez Trolley" -- Commissioner Suarez: No, (UNINTELLIGIBLE). Ms. Sarracino: -- or they name it the "Frank Carollo Trolley "; I just think we need the trolley. I think we need to name it the "I Love You Miami Trolley." Commissioner Suarez: There you go. Ms. Sarracino: Because you are connecting different neighborhoods, like Carole Ann said. I think everybody who comes to this City leaves with that feeling of l Love You, Miami,'bkay. And City of Miami Page 60 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 everybody from comes back; let's make it easy for them when they're here. Commissioner Suarez: Absolutely. Ms. Sarracino: Thank you. Commissioner Carollo: Exactly. Chair Gort: Anyone else? Commissioner Suarez: Good job. Chair Gort: Okay, we'll now close the public hearings. And just to answer a little bit at the -- and I'm glad we have a lot of young people here, but let me give you a little history. I had a business in Southwest -- where she's at now, 1602 Southwest 8th Street. That was a family business since 1955. And through the CAMACOL, we created the Calle Ocho Committee, and that Calle Ocho Committee is the one that come up with the idea that created the Latin Quarter. I was the chairman of that Latin Quarters. I'm the one that created that. I'm trying to tell you this so you understand to me how important Little Havana is, because I was one of the founder, one of the creators. Domino Parks [sic] -- we had a lot of problem creating Domino Park, and today Domino Park, by per square foot, is one of the most used parks in the United States. At the same time, Viernes Culturales, we need to understand that we need to bring culture exchange into 8th Street to make it better, to get a lot of type of individuals coming over. And part of the Kiwanis, it created Calle Ocho also. So to me, it's very dear, but it's not easy for us to make some decision. I agree that Calle Ocho needs that. I think it's become a very successful tourist attraction. That's something we've been discussing at Greater Miami Convention & Visitors Bureau for years. The problem that we had in the past, people who come to Miami, they didn't have any amenities. Now they have plenty amenity. And what does that do? People stay a little longer. How much is per day that the -- they produce in the economy? Unidentified Speaker: Thousands. Chair Gort: A lot of -- millions of dollars, so to us, to the City and to everyone, it's very important. But you need to understand, we have to make decisions according to the meetings that we have, okay. At this time, I'll have it for discussion and -- Commissioner Carollo: Mr. Chairman. Chair Gort: Let me tell you a little bit about this. Originally -- oh, the other thing. The Little Havana Development Authority, back in '78, created the Little Havana Transit System, and the Little Havana Transit System was going to be a trolley that was going to go Flagler to Beacon or 27th Avenue and come down 8th Street and connect to downtown Miami. Today, we have created certain routes that can connect Allapattah, Coconut Grove, and certain areas that can be connected. So I don't have any problem seeing something for the Little Havana. I'm not in favor of that extension of 57th Avenue, and I can tell you why. Yes, we please half of the people, but the other half on 7th Street feel left out; they're not going to be very happy. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Carollo: Mr. Chair -- Chair Gort: Yes. City of Miami Page 61 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: -- it's -- Commissioner Suarez: May I? Thank you. I'd like to make a motion that we prioritize as the first two lines the WynwoodArt District, which is already a vibrant area; and Little Havana, as conceived by the Administration. Commissioner Carollo: Mr. Chairman, ifI could? Chair Gort: Yes, sir. Commissioner Carollo: Madam City Manager or Assistant Deputy City Manager? Ms. Bravo: Yep. Commissioner Carollo: When is the -- Commissioner Suarez: Deadlines. Chair Gort: June 1. Commissioner Carollo: June 1 is -- Ms. Bravo: The deadline is June 1. Chair Gort: June 1. Ms. Bravo: And we actually -- whatever else we pick, we have to run some ridership analysis to provide that data to FDOT; if not, our application would be considered incomplete. Commissioner Carollo: Right. So today will be the last Commission meeting before any -- before June 1, and you still need some time to run the routes and get all the -- Ms. Bravo: Correct. Commissioner Carollo: Okay, which -- Chair Gort: Commissioner, I think you're seeing from all of us that we want to see that the Flagler and 8th Street take place. Commissioner Carollo: Understood understood. Chair Gort: And we putting it as a priority. Commissioner Carollo: Just give me a second -- Chair Gort: Sure. Commissioner Carollo: -- Mr. Chairman, because I want to point out that we were on a timeline, and yes, I brought it up in the last Commission meeting. I didn't get support, but I move on, and the bottom line is is to get it done, because we are on a timeline, and if it doesn't get brought up, guess what? We may have missed that timeline. Sure, hindsight is 20/20, so the Administration could say, Oh, no. We were bringing something at this Commission meeting anyhow. "But the bottom line is that I felt the need to act before we missed that timeline. I'm listening to my colleagues. You don't want it extended to 57th Avenue, Commissioner Gort? City of Miami Page 62 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Nope. Commissioner Carollo: And as part of that district, you do not want extend it to --? Commissioner Suarez: I want to extend it to 74th. Commissioner Carollo: Understood. Commissioner Suarez: That's not the point. Chair Gort: I want it all over. Commissioner Carollo: But your point -- Chair Gort: I want it in 17th; I want it all over. Commissioner Suarez: The point is we don't have the support because there's a finite amount of money, and you know that, Commissioner; come on. That's the part that, for me, is frustrating. Commissioner Carollo: Commissioner, it's only $125,000. I'm sure I could come up with $125, 000. However -- Commissioner Suarez: That's not the issue. Commissioner Carollo: Mr. Chairman, who's got the floor? I mean -- Chair Gort: Let him finish, please, and then you go. Commissioner Suarez: Yeah, absolutely. Chair Gort: Go ahead. Commissioner Suarez: But he asked me a question, so I'm answering it. Commissioner Carollo: Mr. Chairman, I have the floor? Chair Gort: Yes, you do. Commissioner Carollo: Thank you. Chair Gort: Go ahead. Commissioner Carollo: Thank you. So, if there seems to be not the support for 57th Avenue, I don't mind then going to 37th Avenue. However, what the Administration showed and what they provided is two separate maps for Little Havana. What you provided on Friday shows up to LeJeune. What you showed today was 37th Avenue, so it's actually two separate maps. So when a motion is made to go with a proposal of the Administration, in all fairness, I don't know which one it is, because there is two actual maps. I would suggest 37th Avenue. Commissioner Suarez: Absolutely. That's what I said. Ms. Bravo: Through the Chair, we took a second look at that route. Chair Gort: Yes. City of Miami Page 63 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Bravo: And we wanted to eliminate some dead time in going out to another area where the loop is separated, so that's why we presented a slightly different route today that just goes up 37th, does a short turn, and comes back down. In that way, we have that continuity for trips, where if you go somewhere, you can come right back. So the one that we're supporting is the one presented today. Commissioner Carollo: Which is to 37th Avenue. Ms. Bravo: Correct. Commissioner Suarez: Yes. Commissioner Carollo: I would second the motion. However, Commissioner Suarez, I think we should take them individually, because I don't -- Commissioner Suarez: Okay. I'm fair with -- Commissioner Carollo: I think -- Commissioner Suarez: I'm good with that. I'm good with that. Commissioner Carollo: -- we should take them individually so then we could discuss -- Commissioner Suarez: I'm good with that. Commissioner Carollo: -- the other different routes and hear from my colleagues with regards to the different routes. Commissioner Suarez: I'm okay with that. Commissioner Carollo: So what -- Chair Gort: There's a motion -- Commissioner Carollo: Yeah, you can -- Commissioner Suarez: Yeah, I move it; he seconds it. Let's vote. Commissioner Carollo: Yeah. Chair Gort: There's a motion; there's a second. My understanding, there's two routes that being proposed today, have been analyzed, have been studied by the Administration, and the funds are available to do both. Am I correct? Commissioner Carollo: Well, the motion on the floor is to do the Little Havana up to 37th Avenue, 8th Street; the zigzag Flagler to 37th Avenue, back to Southwest 8th Street. That's the motion, and that's what's been seconded. Chair Gort: Right, I understand. But that's the one, my understanding is, you guys are proposing. No? Mr. Cruz-Casas: Those are the grounds that we have -- Chair Gort: (UNINTELLIGIBLE) get the -- City of Miami Page 64 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Cruz-Casas: Yeah, exactly. Ms. Bravo: We have numerous lines that we've been asked to look at and analyze, and so we wanted to bring all of them here today to receive direction from the Commission to prioritize and get feedback as to which ones we should submit to FDOT for our application. Commissioner Suarez: Can I clarify my motion, Mr. Chair? Chair Gort: Yes. Commissioner Suarez: Thank you. I agree with the Commissioner that we should take it one step at a time; he's right. So let's just do 37th Avenue, Little Havana, as we all, I think, have a consensus on that, and -- Commissioner Carollo: Yes. Commissioner Suarez: -- I think the community's asking for that. Commissioner Carollo: Yes. Commissioner Suarez: Let's vote on that, and then we can debate the second line, because I think the consensus -- there's clear consensus on that. Commissioner Carollo: Exactly. Commissioner Suarez: So let's do that, please. Chair Gort: Okay, so motion and a second. Any further discussion? Being none, all in favor, state it by saying liye. " Commissioner Suarez: Aye. Commissioner Carollo: Aye. Chair Gort: Aye. Commissioner Sarnoff No. Chair Gort: Second. Commissioner Suarez: Okay. Chair Gort: One No." Commissioner Suarez: Fair. Commissioner Carollo: And now -- Commissioner Suarez: It's fair. Now we got a second line, so -- Commissioner Carollo: -- we could discuss the other line. Commissioner Suarez: Yeah, now we can debate and discuss the second line. Commissioner Carollo: And hope -- City of Miami Page 65 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Thank you all. Commissioner Carollo: -- (UNINTELLIGIBLE) suggestion. Thank you. Commissioner Suarez: Thank you, guys. Commissioner Carollo: Thank you guys for showing up. Appreciate it. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: We're bringing wind to Calle Ocho. Chair Gort: No, no, (UNINTELLIGIBLE). Applause. Commissioner Suarez: We do get along. Chair Gort: We still have a lot of people been waiting here for (UNINTELLIGIBLE). Commissioner Suarez: We debate, but we come to the same place at the end of the day, so it's all good. Commissioner Carollo: Yeah, and it's about -- Chair Gort: Okay, what -- Commissioner Carollo: -- finding consensus, so. Commissioner Suarez: Right, agreed. Chair Gort: So what's the second motion now? Commissioner Suarez: Oh. And, no, now we're going to debate the sec -- Commissioner Carollo: Yeah. Commissioner Suarez: I have an idea on the second motion, which is Wynwood, because I think that's the one that's ready, but I don't know if my -- I don't want to jump ahead of my colleague over here. Commissioner Carollo: I'm okay with that if -- Commissioner Suarez: Right. Commissioner Carollo: -- my colleagues are okay with that. Chair Gort: Excuse me. Commissioner Suarez: But I don't want to -- Chair Gort: Commissioner Sarnoff, you're recognized. You've been very quiet. Commissioner Sarnoff You know, having been on the MPO (Metropolitan Planning Organization) and watched how the MPO works, right, twice, I never thought this body would be City of Miami Page 66 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 like the MPO. And, you know, candidly, I expected the Administration to do a significant amount of work, detail analysis on need, what they think the best practice was, and for us as policymakers, either get it right, get it wrong, or be political. Turns out we're just like the MPO, which means we're headed in a direction that we shouldn't be headed. Commissioner Suarez: May I? Commissioner Sarnoff. You know, candidly -- Commissioner Suarez: Trust me. Commissioner Sarnoff -- I mean, I don't -- I wasn't -- I apologize. I wasn't here, Mr. Chair. I was told that -- this is my understandings -- that the County bus routes are in peril if we start running these trolleys. It's my understanding that, as a result of the golden passes, if you're obviously 65 or older, or if you are at a certain minimum threshold, you ride for free. So there is already a one -- a bus every seven to eight minutes. If you're a golden pass (UNINTELLIGIBLE) holder, you're riding for free. And having dealt with the County enough, they'll pull those buses. They just will. Commissioner Carollo: Mr. Chairman. Chair Gort: Excuse me. Wait a minute. Commissioner Sarnoff So, you know, the way it was explained to me, we're only going to be able to run these trolleys for three years; that at the rate we're going, we'll run them for three more years. Sounds a lot like the Metropolitan Planning Organization. Commissioner Suarez: I'll -- Commissioner Carollo: Mister -- Chair Gort: Okay, (UNINTELLIGIBLE) at -- Commissioner Suarez: Okay. Chair Gort: Commissioner Suarez requested first; go ahead. Commissioner Suarez: So let me just say a couple things. Here's why I think -- since we already got Little Havana accomplished, okay, thanks to our collegiality, let's talk about the other routes. Commissioner Gort, like I did with Coral Way, said that he could wait on 17th Avenue, because in his opinion -- just like with Coral Way, I said -- Chair Gort: We're not ready yet. Commissioner Suarez: Right. I would argue this. Little Haiti, just like West Little Havana -- that's the northern and the western boundaries, so I think that should have its second phase, if you will, or third phase, if you will. That's -- because those other two extremes are the City in terms of geographically. Wynwood is already there and thriving, right? Coconut Grove is, I would respectfully say, a year or two away from being realized. And what I say is you have two towers that are going up right here; you have a beautiful park, thanks to your advocacy and thanks to our support, is going to be built right outside City Hall; the CocoWalk was just sold for eighty-seven and a half million dollars; the building where the Kaufman Ross, I think, was just recently purchased; the Johnny Rockets was just recently purchased. So Coconut Grove, there is no doubt in my mind that it's going to need a trolley circulator. The only issue is since we're here talking about priorities and timing, not "need" -- because the need is definitely there, and this is City of Miami Page 67 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 why I think we're different from the MPO, and I'm being honest with you. I think we can look at the needs here on a time basis, because at the end of the day, we're going to have to fund this thing from the general fund, like I said always. If you want to keep this going at any rate that we're going, we're 7 lines, 10 lines -- we're going to be 10 lines if we adopt all 7 of these, plus another 2; that's 11 lines. We're going to have to fund it from the general fund at some point, okay. Commissioner Sarnoff And once you go to -- Chair Gort: Excuse me. Commissioner Sarnoff Sorry. Commissioner Suarez: I understand. Chair Gort: Let him finish. We've been debating for quite a few -- Commissioner Sarnoff Yes, sir. Commissioner Suarez: And the idea -- Chair Gort: Go ahead. Commissioner Suarez: -- and then with downtown, in part, based on your leadership, we have several things going on in downtown. By the way, I think downtown is going to have a critical mass as well. You have Miami Worldcenter. You have, you know, Grand Central Station. You have the Design District that's being completed and finished I mean, there's a lot of -- you know, 600 and 700 -- I mean, there's a lot of stuff that's coming to downtown, but it's still a year or two away. And so my issue is, we -- you and I have fought valiantly for the streetcar. We're fighting to connect Tri-Rail to downtown, so to have a third enter downtown connector at this juncture -- I'm not saying it's not needed. I'm just saying at this particular moment, if I had to pick between that and Wynwood, I would pick Wynwood, because Wynwood's already established. That's all I'm saying. I'm not saying -- and that's why I think we're different from the MPO, because we're not saying that it's not needed or it -- we're just saying that Wynwood is ready to go now; Little Havana is ready to go now. Commissioner Gort said 17th can wait, and I'm saying that those are very needed and critical. Maybe the next one -- I can even prioritize them as the next in line without a doubt, but I think they're a couple of years away just based on what we see in terms of development. Commissioner Carollo: Well, let me -- Chair Gort: Thank you. Commissioner Sarnoff Can I -- Chair Gort: I think Commissioner Carollo had the floor. I'll give it to you right away. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I -- you know, I was going to discuss or debate what Commissioner Sarnoff said, but in hindsight, I'm not -- I'm going to sit back and I'm just -- we've had enough debate for today. I will tell you just a couple of things. One is that's why I wanted to not combine them. I wanted to do Little Havana first and then the others, so we could have a healthy discussion and debate. I -- I'm not going to get into details, but, yes, the Administration did the numbers, but those numbers haven't been challenged, and I would be ready to challenge those numbers, which I am not. However, if need be, yeah, I would challenge those numbers, because I think that, possibly, that ranking is not correct, but I'm not here to do City of Miami Page 68 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 that. I'm not here to do that right now. And third thing is I've had -- I have had quite a few discussions with the County regarding to exactly what we have said. Commissioner Suarez, one of the reasons that I had 6th Street before was because if we did Flagler in the circulator through Beacom [sic], I'll be very close to 207, 208, which is a County route. I have spoken to the County numerous occasions, and they will not be reducing those buses, because those buses don't stop at 57th Avenue or 37th Avenue. They go all the way to FIU (Florida International University) and past FIU, so they can't really stop those buses. Now -- Commissioner Suarez: They didn't do it on Coral Way, either. Commissioner Carollo: No. Commissioner Suarez: Right. Commissioner Carollo: Now, I will tell you this -- and I did have discussions with them. So in all fairness, they said maybe they will have less stops. You know, the trolley will actually have more stops, and the County will have less stops. However -- and it was very well discussed, you know -- if that's a cost savings to them, which they agreed would probably be a cost savings, they would share that cost savings with the City. So it's been thoroughly thought out, and I just think that, you know, we -- you know, we're not doing this in a bubble and just, out of the blue, picking out routes. Chair Gort: Thank you. Commissioner Carollo: With that said -- Chair Gort: Commissioner. Commissioner Sarnoff So let me describe how ripe or robust, if you will, the Coconut Grove route was. So we've been working on this route for three years. We have one privately financed trolley that is willing to be paid for by the business community. We have one trolley that would be paid for by the BID (Business Improvement District). Commissioner Suarez: You mean purchase the actual trolley itself? Chair Gort: Excuse me. Commissioner Suarez: I'm just asking him a question to understand -- Commissioner Sarnoff I (UNINTELLIGIBLE). Commissioner Suarez: -- what he's saying. Right. Right, right. Commissioner Sarnoff Purchase -- Commissioner Suarez: Right, I'm just trying to understand. Commissioner Sarnoff One purchased by the private sector; one purchased by the BID; one operated -- Commissioner Suarez: Awesome. Commissioner Sarnoff -- by the BID. Commissioner Suarez: Awesome. City of Miami Page 69 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Sarnoff So you have two trolleys, one route; one of them purchased and operated through an exterior source funding -- Commissioner Suarez: Can I just jump -- Commissioner Sarnoff -- on a for -need. Commissioner Suarez: I think that's great. And I don't think -- let me just say, that -- obviously, our lowest, tremendously, are operational costs and our acquisition costs, so why can't we do three then? Commissioner Sarnoff Three trolleys? Commissioner Suarez: Three trolleys. Not to apply three for funding, but do three. Like put three in line in the next six months, and that be the third one, but apply for funding from FDOT for two, because that one is already partially subsidized through the sources that you indicated. It doesn't matter. At the end of the day, you have three trolleys. Commissioner Sarnoff (UNINTELLIGIBLE). Commissioner Suarez: It's just how we pay for them. Chair Gort: Let -- Commissioner Suarez: You understand what I'm saying? You're going to get the trolley in Coconut Grove; it's just how we pay for it that -- you know what I'm saying? Commissioner Sarnoff Yeah. I must go through different briefings than you guys, because -- you know, it took a long time to do this. It -- I was told, through Carlos Cruz-Casas, who I've really come to like and learn -- Commissioner Suarez: Good guy. Commissioner Sarnoff -- he understands transportation -- told me it would take four trolleys. And, you know, through knowing how this board is and knowing that if there's alternate ways of paying for things, let's try to do it. So, candidly, two of the trolleys don't need to be purchased through the -- through any fund from the City of Miami; three of them would be operated; one would be operated through the BID. So, you know, I don't know what that means in terms of how you want to do this, because I guess we needed that extra one month to talk about the finality of this. I had never even seen the initial ranking criteria until, what, seven days ago? You know, the modeling was Carlos Cruz-Casas' modeling; was a little bit of Alice Bravo as well. You know, I understand why you want to do Wynwood. I do and I don't. I mean, I spend a lot of time in Wynwood. It doesn't have the density and quite the intensity; though, I will tell you this: There's a perfect time of year to do Wynwood's trolley -- Commissioner Suarez: Sure, Basel. Commissioner Sarnoff -- and that's December/January. Right, sure, Art Basel. And we should do everything we can to facilitate that as well. I just bring this to the board. I bring it up as part of the discussion. I think very few people bring you paid -for trolleys; very few people bring you paid for operated trolleys. Commissioner Suarez: Mr. Chair. City of Miami Page 70 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: And I think this is very important. Ms. Bravo's asked for the floor. Ms. Bravo, you're recognized. Ms. Bravo: Thank you. I just wanted to mention -- I think the possibility was mentioned of running the trolleys and then later pursuing the FDOT funding. That's something we'd have to run by FDOT, because it's a transit development route. Commissioner Suarez: That's not what I'm saying. Can I just -- Mr. Chair. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Yeah. One of the things that I quibbled with the ranking as well -- and I'm sure all of you saw it, too -- is feasibility was not one of the components. You have parking constraints, which, of course, is incredibly important; providing connectivity, which is very important; density, which is very important; and whether the area's underserved, but there was nothing about feasibility. And I think -- Commissioner, I think what you're educating on us now is the feasibility issue, which is not part of the scoring criteria. So what I would -- what I'm saying is that because the line that you have worked so hard for is partially funded by the private sector and by other entities, that line should go into effect just like Little Havana and Wynwood; the only difference being that because there's a limited amount of funds that we can apply for, that we only apply for funding for Little Havana and Wynwood, and we still operate -- it's the same thing. It's just a matter of how we get the funding. So the three are going to go into operation. The critical mass, as you said, is there. And because of the subsidy that you've basically gotten, for lack of a better word, it makes sense to do that and take advantage of that. Now, that may not be available six months from now, or a year from now or a year and a half from now, so that's what I'm saying. I think we can vote to do that now. Chair Gort: Okay. What is the wish of this board now? Commissioner Suarez: Can we do that? Chair Gort: You have a motion? Go ahead. Commissioner Suarez: I'd like to move to add as a third operational trolley the Coconut Grove extension, accepting the subsidies -- Commissioner Carollo: Let's do the second one first. Commissioner Suarez: Okay, my apologies. Okay, the second -- Commissioner Carollo: Wynwood. Commissioner Suarez: -- one will be -- the second one for FDOT funding, direction to the board, will be the Wynwood trolley. Commissioner Carollo: Second. Chair Gort: Okay, it's been moved and second. Any further discussion? No. All in favor, state it by saying liye. " The Commission (Collectively): Aye. Commissioner Suarez: And then the third trolley that will go into operation, concomitant with the other two trolleys, not necessarily applying in this cycle for FDOT funding -- not applying for FDOT funding, period, okay, because it doesn't matter. At the end of the day, we're going to be City of Miami Page 71 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 running at a deficiency. Commissioner Carollo: Yes. Commissioner Suarez: You know what I'm saying? So -- Ms. Bravo: That's the issue. Once we -- Commissioner Suarez: Right. Ms. Bravo: -- start operating the route, we forego the operating grant -- Commissioner Suarez: But we have -- Ms. Bravo: -- subsidy from FDOT. Commissioner Suarez: We have four other lines, including Flagami that we're going to want to do, including Little Havana that we're going to want to do, that can apply for FDOT grants in the future. But this is a partially subsidized line, and we don't want to -- we're constrained in terms of what we can apply for, and we don't want to forego getting that subsidy. It would make no sense to do so. So I move that. Commissioner Carollo: Second for discussion. Chair Gort: RE.8. Move and second. Discussion. Commissioner Carollo: I just want to -- Commissioner Suarez: Clarify. Commissioner Carollo: Yeah, I just want to verify. Because in all fairness, Commissioner Sarnoff, you could bring it back at any time. You could bring back -- because you're not -- the reason why, you know, I pushed -- and, yeah, I pushed last meeting, and then, you know -- and this one is because of the funding. You don't have those restraints. We're not going to apply for matching funds from the State, so you could actually bring it back when you're ready, in a month or -- Commissioner Sarnoff Well -- Ms. Bravo: And -- Chair Gort: Okay, excuse me. Commissioner Sarnoff -- it's also nice to get this board to, by resolution, which is the law of the City of Miami, direct the Administration to do something. So it's a lot different than one Commissioner -- Commissioner Carollo: Understood. Commissioner Sarnoff -- saying -- Ms. Bravo: Through the -- Commissioner Sarnoff. Because I've been at this for three years. City of Miami Page 72 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Right. Chair Gort: Excuse me. Let's get this motion out of the way. Commissioner Carollo: And I just want to verify that the third line that we're -- that the third line, starting today, that we're going to begin operations will be the Coconut Grove line as per the Administration. Chair Gort: Gentlemen, we have a motion at this time. Let's (UNINTELLIGIBLE). Commissioner Carollo: Yeah, and I want to verify the motion. Commissioner Suarez: Yeah, yeah. Ms. Bravo: Through the Chair, can I make a comment? Chair Gort: Yes, ma'am. Ms. Bravo: I think it's half dozen of one, six of the other. We -- if we're going to propose starting the Coconut Grove trolley route, we might as well submit that application to FDOT as well, and the chance that they receive additional funds from central office and we just may hit a lucky strike. And if they pick two -- these two over that one, then it's the other one that we fund completely -- Chair Gort: We instructed -- Ms. Bravo: -- still using the (UNINTELLIGIBLE). Chair Gort: -- the Administration to do so. Ms. Bravo: Thank you. Chair Gort: Like the presentation that was made a little while ago. Any further discussion? Commissioner Carollo: I -- Commissioner Suarez: That makes sense, okay. What she's saying makes sense. It makes sense, so I think I'll amend my motion to incorporate that. But what I do want to make sure is that -- what's most important, I think, to people who are here listening -- Commissioner Carollo: Yes. Commissioner Suarez: -- to all this back and forth is that these three trolley lines are the next three trolley lines that are going to go in operation, irrespective of whether we get FDOT funding or not, in the next six months. Commissioner Carollo: Yes. Chair Gort: Okay. Any further discussion? Commissioner Carollo: Yes. Chair Gort: Being none, all in favor, state it by saying aye." " The Commission (Collectively): Aye. City of Miami Page 73 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 RE.3 15-00307 Office of Management and Budget Chair Gort: Thank you. RE.8. Mr. Hannon: And, Chair, for the record, we'll show RE.2 as amended. Commissioner Suarez: Thank you. Chair Gort: Correct. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS AND ADDING APPROPRIATIONS TO THOSE LISTED IN FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 14-0322, ADOPTED SEPTEMBER 9, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, RESOLUTION NO. 14-0445, ADOPTED NOVEMBER 20, 2014, RESOLUTION NO. 15-0012, ADOPTED JANUARY 8, 2015, RESOLUTION NO. 15-0048, ADOPTED FEBRUARY 12, 2015, AND RESOLUTION NO. 15-0169, ADOPTED APRIL 9, 2015 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 15-00307 Summary Form.pdf 15-00307 Legislation.pdf 15-00307 Exhibit SUB.pdf OBSOLETE OBSOLETE 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-15-0213 Chair Gort: RE.3. Daniel J. Alfonso (City Manager): Thank you. Christopher Rose (Director, Office of Management & Budget): All right. RE.3 is the capital midyear, which appropriates much of what we've just talked about in the operating midyear after the transfers. I have two items to read into the record. One is line 52 on the re -appropriations. This said "District 3" and it should be titled "Mayor"; that was a staff error on my part. And then at the request of District 4, we're going to reduce line 49 on the new appropriations from a million to 900, 000. Commissioner Suarez: Well, now, it'll be a million -five to 1.3. Mr. Rose: A million -five to a million four and -- City of Miami Page 74 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: To a million -three. Mr. Rose: Yes, sir. Commissioner Suarez: Oh, no, a million four, you're right. Mr. Rose: As amended. Commissioner Suarez: Right, right. Mr. Rose: Correct, sir; so from a million -five to a million four. And we would move a hundred thousand to a new project titled `Acquisition of Trees in District 4" -- Commissioner Suarez: Yes. Mr. Rose: -- with a project number to be created later. Commissioner Suarez: Thank you. I think a tree canopy, I'm learning, is one of the major requests from our residents. We've done some tree planting in the Shenandoah area. It's been well received, and all they ask for is more. And I think it's a wonderful investment. I think we get a tremendous amount of benefits from it, aside from beautification, and so I want to continue to do that in my district. Thank you. Mr. Rose: Yes, sir. Chair Gort: Thank you. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: The only thing that I would like to amend is -- I believe it's item 52, and that's $4,000 to -- I'm sorry -- Mr. Rose: Four million. Commissioner Carollo: -- four million dollars. Commissioner Suarez: I was like, "whoa." Chair Gort: Now, that's a difference. Commissioner Carollo: I'm -- yeah, $4 million to invest in actually building out more City offices, and I believe that that money should go to debt service. You know, I -- like I've spoken with the Manager, building out in that area I don't think is the right choice, so I would prefer this to go to debt service. Mr. Rose: Commissioners, just for clarity's sake, that's line 52 in the re -appropriations, not the new appropriations. It's moving $4 million of tax exempt bond proceeds from the Orange Bowl site parking garage, which is a completed project -- there are no more expenses that we know of to come on this project -- to building out two City departments at that same site. The requirements are that it must be a public use and it must be on site, so this money cannot be used anywhere else. City of Miami Page 75 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: But it could be used to bring down our debt service? Mr. Rose: It could be -- Mr. Alfonso: Yes, that's correct. Commissioner Carollo: Yeah. Mr. Rose: -- yes, sir. Commissioner Carollo: And that's -- I just ask for that friendly amendment. Chair Gort: Okay. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: One of the things that I did not hear in our discussion was the appropriation adjustments that we discussed in our briefing for items that affect my district; items 4, 12, 13, 29 and 30. Were those removed? Commissioner Sarnoff No, and I could tell you why. So I don't know if you -- I know you weren't here. So what happened is this Commission passed some bonds, and actually, to my displeasure, we divided it by five. Those bonds were placed in each Commissioner's discretion to use for streets. I used those bonds in this particular -- items 4, 12, 13, 29 and 30 in the Upper Eastside, understanding that every project we have has savings ordinarily if the project goes well. So you actually got a -- sort of a benefit when you received predominantly Shorecrest, you got brand new sidewalks, brand new streets, brand new curb and gutters. There was a resulting balance from that that comes back to the district that has only 20 percent divided by five of those particular bonds. So in essence, if you'd like to rebate me the money, I'd understand that, because now, you have brand new streets, brand new sidewalks, but the savings from those projects remain within the district. I mean, it's -- you have to look at the origin of the funds and the means and manner in which this Commission distributed those funds, and we did it on a pro rata one -fifth paid to each Commissioner. So I checked with Robin Jones -Jackson. I think what I've said is essentially correct, and even legally, it comes back to the district that appropriated the bond. Robin Jones -Jackson (Senior Assistant City Attorney): That is legally correct, Commissioner. Chair Gort: Excuse me. Ms. Jones -Jackson: Thank you. Chair Gort: You are? Ms. Jones -Jackson: Robin Jones -Jackson, Senior Assistant City Attorney. Thank you. Chair Gort: Thank you. Vice Chair Hardemon: Well, can you stay, Ms. Jackson? Sometimes it's not enough -- Ms. Jones -Jackson: Yes, Commissioner, thank you. Vice Chair Hardemon: -- to say that, yes, you are legally -- City of Miami Page 76 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Jones -Jackson: Thank you. Vice Chair Hardemon: -- sufficient. But -- so when I was discussing this issue, it was never explained to me in this fashion, because I'm looking now. It says that the source is the half -- the transit half cents surtax, so that would be the bond; that would be the bond then, I'm assuming? Commissioner Sarnoff Right, correct. We bonded that money. Vice Chair Hardemon: Right. And the second thing would be, so the improvements that were made to Shorecrest were, in fact, made. Is that true, Administration? The improvements to the streets and the sidewalks to Shorecrest, were they made? Ms. Jones -Jackson: You have two different sets of monies that are there. All of the neighborhood capital improvement bond monies, you know, are there, and you need to, exactly as the Commissioner has said, the transits and all are pledged to those bonds. Victoria Mendez (City Attorney): Right. But he -- the exact question that he asked was -- and I'm sorry, Robin isn't part of the Administration, so we'll ask Ms. Bravo or CIP (Capital Improvements Program), maybe Jeovanny Rodriguez, about the Shorecrest improvements, if they were made or not. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements. To answer your question, Commissioner, yes, the improvements to Shorecrest were made. There were drainage improvement, resurfacing improvements and sidewalk improvements. Commissioner Sarnoff Meaning 83rd, 85th, 86th, 87th. Vice Chair Hardemon: And you completely understand why I'm asking these questions. Commissioner Sarnoff I get it. Vice Chair Hardemon: My constituents in Shorecrest -- rightfully so -- are extremely involved. They are diligent in getting the types of -- these types of improvements to their community, and they deserve it, and so I want to just ensure that these types of improvements were made, and that I'm not -- my balance has not been reduced and then I'm having to service that area. The annexation, of course, changed some things within our communities, but the amount of money that we have available to service certain areas is one of those things that right now is being discussed. So when Ilook at, for instance, the 100 -- the balance of say, $20,000 in 4; $10,833; seems like there was some work that was done and there's a balance left over; as well as on item 13, 116,649 seems like there was some balances. So I see those there, but certain items -- for instance, like item number 30, where it says "roadway milling and resurfacing," is a square balance of $150, 000. And so those items, to me, sound like there was no work done. So I just wanted to be clear for the record, absolutely, because my concurrence with this is only in the effect that there was work; one, there was a distribution of -- an even distribution of those dollars to each district; two, that some work was being done in that area; that that area, which was a part of that district or a part of District 2 at the time, that they did receive that benefit. And then -- yeah. So, I mean, those particular two. I had another thought, I just can't -- it doesn't come to me right now, but can you confirm those two? Mr. Rodriguez: Commissioner, I will answer your second question, which is -- relates to the improvements in the area. The improvements were done in the area. We resurface almost entire Shorecrest. We had number -- numerous meetings with the community; 79th Street and about Biscayne, many, many times. I can tell you we did; we resurfaced every street there. We did a -- City of Miami Page 77 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 we also replaced broken sidewalks. There was a couple of streets where drainage improvements were needed, so the work was done and complete. I am not in a position to answer your first question. Maybe -- Ms. Mendez: I think just -- there is -- I believe number 4, Shorecrest; number 12, Shorecrest,- number 13, Shorecrest; number 29, Shorecrest and number 30, Shorecrest. Those are all the jobs that were done in Shorecrest. Mr. Rodriguez: That's correct. Vice Chair Hardemon: And so another question that I would then have is that the amount of dollars that are left for half cents surtax -- so these particular bond dollars -- that are available to District 5, does anyone know what that balance is? I know we were going to discuss some of these things in the future. Does anyone know what that balance is? Mr. Rodriguez: I don't have that information now; I don't know if -- Mr. Alfonso: Well, we'd have to go back and look for it, sir. Vice Chair Hardemon: Okay. And the -- and part of this discussion came up because, if you remember -- forgot the way that we coined this phrase -- but I described that when there was a transfer in the past, we transferred some dollars that were left for Shorecrest to somewhere else in District 2, and I said that it was in the spirit of some type of brotherhood, and we made that move because of -- it was some things that was going on; when you look at the record, it's probably clear. But that's what alarmed me about this, so I did not realize that it was bond dollars, one. If the dollars had been used, in fact, to service that area and there is a balance lefi over, I completely understand it being moved to another area within District 2 because of the inherent fairness, and if the bond dollars were split evenly amongst our districts, I completely understand. So with that being said, then I'm fine with the way that it is. Mr. Alfonso: Mr. Chairman, over here, if I may? Chair Gort: Yes, sir. Mr. Alfonso: What I can do, Commissioner, is I can have our Budget director and our new Capital director -- by the way, thank you, Jeovanny. Chair Gort: Jeovanny. Mr. Alfonso: I don't know if you got the message, but we sent out a memorandum, and he's been appointed new CIP director, so, you know, his first address to the Commission was not bad. I can have the two of them come to your office, meet with you, talk about what funding is available, or lefi over, or what projects, et cetera, in your district. Vice Chair Hardemon: Yes. We want to make sure that -- I mean, one thing, when I look through this budget, I want to be as astute when it comes to our capital road improvements as particularly one of our Commissioners that sits here, and that's something that I think is needed within my district, District 5, so I'm very serious about making road enhancements and improvements within our area. We need it, not just on the Upper Eastside, but throughout the western parts of our districts; and that the impact of those road improvements, as we've seen, for instance, on 14th Street, where you and I share, Commissioner Gort, it is tremendous. And people, I think, would be more likely to frequent these areas if those improvements are made, so I look forward to that discussion, okay? Mr. Rodriguez: Yes, sir. Thank you. City of Miami Page 78 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: Thank you. Chair Gort: Thank you. Yes, sir. Commissioner Carollo: I make a motion to -- Commissioner Sarnoff Second. Commissioner Carollo: -- approve then. Commissioner Sarnoff Second. Commissioner Carollo: I make a motion with the amendment of what I mentioned, that item 52 go to debt service. Chair Gort: Okeydoke. Okay, it's a motion and a second. Any further discussion? Being none Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Gort: Yes, sir. Mr. Hannon: I do have two speakers signed up for this item. Chair Gort: Okay, I'm sorry. Go ahead. Cynthia Blanc-Preiss: Good morning, Commissioners. Good morning, everyone. My name is Cynthia Blanc-Preiss, and I'm here representing Gomes for the Little Haiti Soccer Club. I'm a resident at 6863 North Miami Avenue; long-time business owner in the community. And I'm just here to thank you for this item. Thank you, specifically, Commissioner Hardemon. We are -- how do I put this? Being a long-time resident, long-time community person, being on the radio, it just pleases me to see all of the hard work that's been going on at the Little Haiti Park, seeing the children playing soccer. I was one of the people that was very instrumental in working with Commissioner Teele. I was actually the park -- the Little Haiti Park project manager working with him, and local business owners and community leaders to bring this project into reality, and I thank you for what has been allocated. And I'm just taking out a moment to say thank you and to let you know that I'm available if you need any assistance, and that's basically it. I'm not going to keep you; I just wanted to say thank you for the money. Chair Gort: Well, thank you very much. We appreciate that. Not very often do we have people to thank us. Thank you. Ms. Blanc-Preiss: You're very welcome. And if you also have a moment, I would invite you out to Little Haiti Park. Whenever you have a moment, just call and let us know, just to see what the kids are doing out there. Chair Gort: Parks are great, especially for kids. Ms. Blanc-Preiss: Thank you. Chair Gort: Thank you. Okay, the -- anyone else? Okay, seeing no one -- any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 79 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Hannon: As amended. Chair Gort: Thank you, as amended. Commissioner Carollo: As amended. Mr. Rose: Thank you, Commissioners. Chair Gort: You guys want to break for lunch and suppose to come back at -- Ms. Mendez: There's a 2 o'clock -- Mr. Alfonso: Executive session. Commissioner Sarnoff Mr. Chair -- Chair Gort: There's not much left in the agenda. Commissioner Sarnoff Can I just say -- and I apologize to the Commissioners, but I think between -- what time? Ms. Mendez: Three forty. Commissioner Sarnoff Three -thirty -- 3:40, so give me till 3:15 and 4:30. I've made -- there's a symposium being held in downtown Miami where they've asked me to speak. I won't be here, but I'd like to be in attendance on all official business of the City of Miami. So I apologize; I didn't realize there was a conflict. I know I should have, Mr. Chair. I did say "yes" to the folks, so if you could indulge me; I don't do it very often, Commissioner Carollo. Commissioner Carollo: But what's the ask; to come back at 4:30? Chair Gort: None. Commissioner Sarnoff You know, I don't -- there are certain items I think I'd like to be here on. Commissioner Carollo: Now, the thing is that there's time certains. Commissioner Sarnoff I understand. Ms. Mendez: There's a 3 o'clock time certain on the trolley, and then there's a -- Chair Gort: Four o'clock. Ms. Mendez: -- 4 o'clock time certain on the appeal. Chair Gort: It's a PZ (Planning & Zoning). Commissioner Sarnoff I understand. We oftentimes don't reach our time certains timely. Chair Gort: Time certain. Commissioner Sarnoff I'm just asking. Chair Gort: So we have the 2 o'clock session. Are you going to be able to make that one? City of Miami Page 80 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Sarnoff I'll be -- I'll make that, I'll make that, Mr. Chair. And then I -- Chair Gort: (UNINTELLIGIBLE) 2 o'clock. Commissioner Carollo: Yeah, and you could make the 3 o'clock until -- Commissioner Sarnoff Maybe -- Commissioner Carollo: -- and start the 3 o'clock, and then when you leave, then I guess we'll recess or just go into -- I mean -- Commissioner Sarnoff Hey, I can only -- it's only a scheduling thing. It's not like I don't want to attend, it's not like I don't want to be here. Chair Gort: I understand. Okay, executive session, whatever time we decide to come back, what time you say you have to be at the -- Commissioner Sarnoff I should be -- I should leave here by 3:30. I should be back by -- Chair Gort: Because -- Commissioner Sarnoff Right. I can make the executive. Commissioner Carollo: So -- well -- Chair Gort: What you're saying is -- Mr. Alfonso: I think what the Commissioner is saying, if we -- maybe if we move the executive session to 2:30, we can have it from 2:30 to 3:30. He's got to go at 3:30. Commissioner Sarnoff Right. Mr. Alfonso: And then -- Commissioner Carollo: But why not have the executive session at 2; go to -- 2 to 3 and then maybe we could take care of that item from 3 to 3:30? Commissioner Sarnoff It's ambitious but -- Mr. Alfonso: That's ambitious but I'm -- Chair Gort: I don't have a problem. Come back at 2. Mr. Alfonso: I don't have a problem with that. Commissioner Carollo: Let's do it. Chair Gort: By the way, we -- Madam -- Mr. Hannon: Wait, wait. Chair Gort: -- Attorney, can you announce so we can go straight up? Mr. Hannon: Chair, Chair. City of Miami Page 81 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Mendez: Yes. Mr. Hannon: No, it's -- this is an executive session involving labor negotiations. Ms. Mendez: Right, straight up. Mr. Hannon: Statement is not necessary; you do not have to come back to the chamber, so what time would the Commission like to come back from its executive session? Ms. Mendez: Right. Mr. Alfonso: At 3. Chair Gort: Two o'clock. Mr. Hannon: Three o'clock? Three o'clock. Mr. Alfonso: Three o'clock from the executive session. Ms. Mendez: Well, you don't -- you -- once they're done upstairs, they could come back down -- Chair Gort: And come right back, yeah. Ms. Mendez: -- so the public should know that any time after -- Mr. Hannon: That's what I'm asking; what time they want to come back to resume the proceedings would be -- Chair Gort: Right after we finish. It could be 2: 30; it could be 2: 45 -- Ms. Mendez: Right. So everybody should be on notice that any time after 2 o'clock is fair game to come back downstairs. Commissioner Carollo: Okay. Mr. Alfonso: Okay. Mr. Hannon: Fair enough. Ms. Mendez: Thank you. RE.4 RESOLUTION 15-00540 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND FOR THE FISCAL YEAR 2014-2015, PURSUANT TO RESOLUTION NO.14-0362, ADOPTED SEPTEMBER 23, 2014, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. City of Miami Page 82 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 15-00540 Summary Form.pdf 15-00540 Legislation.pdf 15-00540 Exhibit SUB.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0214 Chair Gort: RE. 3. Daniel J. Alfonso (City Manager): Commissioners -- Todd B. Hannon (City Clerk): Chair -- Mr. Alfonso: -- we need -- RE.4, we need to read ahead of RE.3, because the appropriation in the budget for the general fund needs to be done before the capital appropriation. Chair Gort: RE.4. Christopher Rose: Good morning, Commissioners. Chris Rose, Office of Management & Budget. RE.4 is the midyear budget amendment. It differs -- the combination of the two, RE.3 and RE.4 differ from what we saw a few weeks ago in that we put aside $6 million for capital improvements throughout the City, most of them to be named at a later date, re -appropriated. We have also put aside $4.1 million to begin work on a new facility at the maintenance yard on Northwest 20th Street for Public Works, Parks and Solid Waste employees. We have put aside $500, 000 for non -bondable, non- impact fee Fire equipment; $750, 000 for work on electrical and structural issues at the James L. Knight Center -- some of those are life safety issues on the fire system; a Parks manager at Regatta Park and armored car services and a computer system in the Department of Real Estate & Asset Management. Those are the changes since you have last seen it. We've talked about it in briefing, and I will take any questions you may have at this time. Chair Gort: Thank you, sir. Any questions? Commissioner Sarnoff Mr. Chair, to gain my support on RE.4 -- and I hope the other Commissioners will support me on this -- and I don't know if this is for RE.3, but each Commissioner is being given about $1 million, and I was going to ask for 2 million. To be candid with you, I hope to negotiate to 1.5, so let me be more transparent and genuine. I think each Commissioner needs to be given $1.5 million. I know what my needs are; I know they're all road needs in sensitive areas in my district. I'm asking you to join me to amend this to allow for $1.5 million towards each Commissioner, and let them allocate those dollars where they deem it most appropriate and most essential. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I'll join him in that. Are we -- let me just -- I would like to hear the Administration chime in on that issue, okay, but there is an important and interesting perspective that we're doing here, which is -- I don't know if you remember, but like I've been saying for a while, we're running out of our street bond money if any have it for their particular district. I'm not sure. I know I don't believe I have any. I think we spent it all down, pursuant to our bond requirements; right, Ms. Jackson, who's back there? You don't have to jump in; just nodding your head is enough. The point is that, you know, we do need to -- we have capital needs, they City of Miami Page 83 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 are ongoing, they are district perspective, and we do need to budget for them, and we need to have that on an ongoing basis, so I agree with that. The only -- not -- I guess hesitation is I just want to make sure we don't bust the bank, if you will. And so I know that you're careful in your requests, that you don't over -request, but I would just like to hear that we can handle that request, and then I'm fine with it. Chair Gort: Mr. Manager. Mr. Alfonso: Okay. It starts to get a little tight as we are nearing -- well, we're more than through the half of the year. So what would happen, basically, our projected fund balance at year end, with the changes as proposed right now, would be around $12 million. If we allocate another $3 million by doing a half million per elected official, we would be down to nine. I caution that we still haven't finished negotiation with IAFF (International Association of Firefighters), although we're going to talk about that later today. They still will impact this fiscal year, and we haven't finished that negotiation. We are required to have, fiscal integrity, $5 million in reserve for any emergency; that's required. And right now, our funds are split into internal service fund and general fund They both get aggregated in the end, but if we approve this, we would take the 12 down to nine and I would -- I would need authorization to reallocate money from the internal service fund to the general -- pot of the general fund, because I need to be in compliance with the financial integrity of the 5 million, but it is a policy decision of this Board. Chair Gort: Okay. Commissioner Sarnoff Mr. Chair, I strongly urge you -- I could easily show you where there's more than Mr. Alfonso is stating. I think a 10-million-dollar reserve is plenty for where we are right now. I hope you'll join me in the amendment. Commissioner Suarez: Second. Chair Gort: Okay, there's a motion and there's a second. My understanding is these funds to be utilized in the neighborhoods for infrastructure; am I correct? Mr. Alfonso: This would be one-time expenditures in capital, is my understanding. Chair Gort: Capital improvement. Mr. Alfonso: Yes. Chair Gort: And the reason being there's -- when we sit with the Administration, there's a lot of needs in sidewalk, street and so on within the neighborhood. I mean, some of our neighborhoods go back quite a few years, and infrastructure is very important. I mean, we want to make -- improve the life of the people in the residential area. We also want to improve the businesses that affect more people. We need to do something. Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Rose: Just to be sure -- Commissioner Suarez: As amended Mr. Alfonso: As amended, thank you. Chair Gort: As amended. City of Miami Page 84 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 RE.5 15-00482 Department of Capital Improvement Programs/Transportat ion Mr. Alfonso: So for the record, we're moving an additional $3 million into capital -- Chair Gort: Capital fund. Mr. Alfonso: -- out of the general fund and internally authorizing the Finance Department and Budget Department to appropriate money from the internal service find to the general fund section. Mr. Rose: Correct. Mr. Alfonso: Thank you; so that we're in compliance with the financial integrity principles. Mr. Rose: Correct. Commissioner Suarez: Thank you for that, Mr. Manager. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT WITH KEARNS CONSTRUCTION COMPANY FOR THE SPOIL ISLAND E - RESTORATION & FLOATING DOCK PROJECT B-30721, FOR ADDITIONAL WORK IN THE AMOUNT OF $100,000.00, THEREBY INCREASING THE AWARD VALUE FROM $206,844.00, TO AN AMOUNT NOT TO EXCEED $306,844.00; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30721; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 15-00482 Summary Form.pdf 15-00482 Pre-Legislation.pdf 15-00482 Back -Up from Law Dept.pdf 15-00482 Legislation.pdf 15-00482 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0215 Commissioner Sarnoff. That's it, right? Todd B. Hannon (City Clerk): We do have RE.5 and RE.9. Commissioner Sarnoff. RE.5, that's not me. Chair Gort: We're going to RE.8 now. Mr. Hannon: RE.8 passed. Chair Gort: Passed already? Yes, that's right. RE.9. City of Miami Page 85 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 RE.6 15-00610 Commissioner Suarez: Did we do RE. 5, you said? Commissioner Carollo: RE.9, and we got the PZs (Planning & Zonings). Alice Bravo (Deputy City Manager/Chief of Infrastructure): RE.5. Commissioner Carollo: And we got the PZs. Ms. Bravo: RE.5, yes. Commissioner Suarez: I'm sorry. Giovanni Rodriguez: Good evening, Commissioners. Jeovanny Rodriguez, director of Office of Capital Improvements & Transportation. RE.5 is a resolution of the City of Miami Commissioners, authorizing an increase in contract capacity for Kearns Construction for the work done in Spoil Island "E, " in the amount of $100, 000; increasing the contract capacity from 206,844 to a maximum not to exceed 306, 844; in addition, also authorizing the City Manager to execute an amendment number 1 to said contract for the said purpose. Chair Gort: Thank you. Motion? Discussion? Commissioner Sarnoff. So moved. Commissioner Suarez: So moved. Second. Chair Gort: Been moved by Commissioner Sarnoff -- Commissioner Suarez: Second. Chair Gort: -- second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), URGING THE MIAMI-DADE COUNTY BOARD OF David Sarnoff COUNTY COMMISSIONERS ("COUNTY COMMISSIONERS") TO SUPPORT THE CITY OF MIAMI SHELTER PROGRAM AT CAMILLUS HOUSE FOR THE CHRONIC HOMELESS, AND REQUESTING THAT THE COUNTY COMMISSIONERS EXPLORE FUNDING ALTERNATIVES FOR SUSTAINING THE PROGRAM ON AN ANNUAL BASIS SUCH AS WITH FUNDS FROM THE HOMELESS TRUST; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 15-00610 Pre-Legislation.pdf 15-00610 Legislation.pdf 15-00610 Exhibit.pdf 15-00610-Submittal-Brett Bibeau-Miami River Commission Recommendation.pdf 15-00610-Submittal-Commissioner Gort-Homeless Photos.pdf 15-00610-Submittal-Commissioner Sarnoff-Chronic Homelessness in the City of Miami.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 86 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0216 Chair Gort: PH.1. Commissioner Carollo: Do we have a time certain, 10 o'clock? Chair Gort: Ten o'clock time certain. RE.6. Commissioner Sarnoff Mr. Chair, members of the Commission, as you all know, RE.6 is a resolution of the City of Miami urging the Miami -Dade Board of Commissioners to support the City of Miami's Shelter Program at Camillus House. You all will recall, this is a program that we created to try to start dealing with the approximate 600 chronic homeless in the City of Miami, and I think Officer Bernat will come up here and tell us exactly how many people have been serviced, but if you recall, we took $260, 000 from the general fund; $175, 000 from the Chair of the Southeast Overtown/Park West and $175, 000 from Omni. We have bolstered that by going from 100 -- I'm going to call them "mats" for the purposes of our discussion. We've added 10 beds to it and five additional mats. The DDA (Downtown Development Authority) paid for that recently, part of a midyear balancing change; and we also raised $70, 000 from the private sector to help fund the program. It's being conducted at Camillus House. I think it's incumbent upon us that we are not the agency charged with dealing with this particular issue or problem, and the agency that is charged with dealing with it is primarily the Homeless Trust, but it certainly is overseen by the Miami -Dade County Commission. And I think it's incumbent upon them, as this is a county -wide issue, as you will see when Officer Bernat gets up, that this is a pretty -- this is an issue that is not a City of Miami issue; although it is uniquely a City of Miami issue, as you see the inflow from all of Miami -Dade County gets deposited right here in the City of Miami. So if Officer Bernat is here, I'd like him to step up and, you know, I'll have some closing remarks. James Bernat: Thank you. Good morning, Commissioners. I'd like to thank the Mayor, the City Commissioners, the City Manager, the Chief of Police, assistant chiefs, majors, commanders and entire staff of the Miami Police Department allowing me to speak to you today. I'd like to thank Mayor Regalado for his insight and initiative on the Homeless Veterans Stand Down, and his continued support to assist the homeless. And I'd like to take [sic] the City Manager Alfonso for his leading the City of Miami into the future and recognizing the need to assist the most needy. I'd like to thank ChiefLlanes and his leadership in policing concept of building bridges in the community and community policing. I'd like to thank Chair Gort for his support of the City of Miami Shelter Program at Camillus House and his understanding in the complex homeless issues around Jackson Memorial Hospital, Mother Teresa and the feedings in the area. I'd like to thank Commissioner Sarnoff for his leadership on homelessness and his commitment to do the right thing for the homeless. I'd like to thank Commissioner Carollo, Commissioner Hardemon, and Commissioner Suarez for their understanding of the homeless issues and supporting the City of Miami's Shelter Program at Camillus House. I cannot express enough my appreciation for the entire City of Miami Commission on their vision, foresight in supporting this inventive homeless program known as the City of Miami Shelter Program at Camillus House; formerly the Mat Program. Before I talk further about this important issue, let me give you a brief family background in why I feel so strongly about this issue. My parents were from Budapest, Hungary, and both my parents were Holocaust survivors in labor camps. Both my parents suffered and both sides of my families were killed in the gas chambers; not for any crime; because of what and who they were. I will start, and I believe there is no room for indifference, and we all should do the right thing for our fellow man. I believe the City of Miami Shelter Program in helping the needy is helping accomplish this goal. The City of Miami Shelter Program not only helps the community, but also reflects well on the City of Miami. As the City of Miami Shelter Program evolves, I foresee the program becoming a national model. The outstanding job the Miami Police Department, the City of Miami Outreach, Sanitation Department, Parks Department and City of Miami Page 87 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 others in the City of Miami is remarkable. Today, 1,234 homeless men and women have been given a hope and placed from the streets into the City of Miami Shelter Program at Camillus House. The City of Miami Shelter Program consists of full services which consist of a place to sleep, three meals, showers, security, medical, dental, case management, dog kennel, I.D. (identification), activities, to name a few. The City of Miami Shelter Program is the only regular available shelter for homeless men and women in the streets of Miami. The Miami Police Department, with the cooperation with the City of Miami Outreach, work together every day for the betterment of the homeless in the community. Today, the Miami Police Department are not only placing homeless into shelter instead of arrests; we're also placing homeless that are elderly, handicapped, disabled into shelter beds for humanitarian reasons. This would not be accomplished without the support and effort of Camillus House, the funding from the City of Miami, Downtown Development Authority, the CRA (Community Redevelopment Agency) Omni, CAR [sic] Park West and private funding partners. Today, a waiting list of an average of 200 men and women and a waiting time no less than 30 days exists. Without the City of Miami Shelter Program, the Miami Police would not be able to even give a warning to any homeless person for violating any violation under the Pottinger Agreement. The Miami -Dade County Homeless Trust's mission is to fund and support shelter programs, and has a $55 million budget. The chairman of the Trust has taken a position to condemn the City of Miami Shelter Program, referring to the program as "undignified," or "a program without any services." The criticism and rhetoric from the Miami -Dade County Homeless Trust started well before August 1, 2014, the first day of the program. The untrue and false statements undermine our efforts. The homeless census from January 2015 indicate that the homeless population increased from 840 to 1,007 homeless individuals in Miami -Dade County; up 19 percent. Miami Beach homeless population increased 58 percent. The City of Miami homeless population, from January 2015 census is at 616 from 577; only up 6.8 percent. Downtown homeless population is at 340 from 2015 homeless census and it has decreased 11 percent. The large increases countywide is almost at 20 percent and Miami Beach at 58 percent. Municipalities in the North Miami -Dade experienced a 40 percent increase in the homeless population. The City of Miami, with the majority of the Miami -Dade County homeless population, experienced a small increase -- single digit -- compared to other areas of the County who experienced large double-digit increases and a decrease in Miami. Miami Beach and Miami -Dade County experienced large homeless population increases because they do not have the City of Miami Shelter Program, and there is a lack of shelter space. The homeless population in Miami -Dade County continues to funnel into the City of Miami. Homeless men and women of Miami -Dade County are transported or displaced in the City of Miami on a regular basis. This occurs for many reasons: The majority of Miami -Dade County resources for the homeless are in the City of Miami; the Miami -Dade County Corrections Department transports and release inmates from TGK (Turner Guilford Knight) Jail facility, located in Miami Springs, to the City of Miami on a weekly basis; homeless men and women from all areas of the County have been admitted to Jackson Memorial Hospital and are released in the City of Miami; outreach for Miami Beach transports homeless individuals into the City of Miami for shelter; our Outreach transports homeless from other municipalities to the City of Miami for shelter; other institutions and municipalities outside the City of Miami have dropped off homeless into the City of Miami; the Miami -Dade County Trust cold weather policy places the majority of the homeless countywide into the City of Miami when the temperature drops below 50 degrees, in a shelter, on a mat. This is a temporary mat without services. The weather placement is for a 24-hour/48-hour period at a shelter. After the cold snap, the homeless are not returned to their areas from which they were residing, but are released in the downtown, Overtown, Allapattah, and Wynwood areas. The homeless in Miami -Dade County become the homeless in the City of Miami. The City of Miami has become homeless hub for Miami -Dade County. The City of Miami continues to absorb the cost and our resources have been stretched. The lack of available resources and a waiting list for the homeless needs to be addressed. The lack of shelter availability affects everyone in the community. Refusal of a shelter is wrong and continues to be many unforeseen consequences. Keeping the homeless without shelter contributes to many situations that can lead to unsanitary conditions, safety issues; no access to basic services, such as medical, mental health, substance City of Miami Page 88 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 abuse for the homeless. There is no place to sleep, nowhere to shower, no place to go, and there is no support. The Housing First Model by the Miami Homeless -- Dade County Homeless Trust is believed to be a cure-all for the chronic homeless. The Miami -Dade Homeless Trust is focused primarily on the Housing First Model. The Miami -Dade Homeless Trust is doubling down on the Housing First Model in diverting funding from the one percent beverage tax, a discretionary source. Funding for emergency shelter and other discretionary funding are affected by the emphasis on the Housing First Model. The Housing First Model is a Federal mandate to end chronic homeless by 2017, and the mandate to end chronic homeless by 2017 by HUD (Department of Housing & Urban Development) does not count for the 65 percent of the homeless population which has been identified and does not meet the eligibility requirements for chronic homeless under HUD's definition. The Housing First Model does not account for the homeless that reject the offer of a home. The Housing First Model does not account for any homeless that receive low scores from the Vespa Data Assessment mandated by HUD. Low scores in assessment disqualifies the homeless person for housing, or places the homeless so far down the list, he or she will not have an opportunity for housing. The focus -- the Housing First Model assumes that there will be enough low rental units. Housing First Model does not address the waiting list and the lack of resources for shelter. Housing First plays a role, but does not play the only role. The Housing First Model is only one tool in the toolbox; we need all the tools to address the homeless issues. The existence of no shelter and a waiting list has not received the necessary attention. The Miami -Dade County Homeless Trust has helped homeless families and have assisted thousands of homeless, but their approach and policies have not changed for years, and are rigid and does not address the need of the street homeless. The current system is restrictive and, in many cases, inaccessible. Homeless men and women daily are denied help. It is not uncommon to find homeless men and women in despair, in need of medical services, mental health services. Turning away a homeless man and women should not be tolerated. The common response for a shelter bed for a homeless person asking to get off the street today is "no space available; maybe in a few weeks; we'll place you on a waiting list; keep calling back." I would like to remind everyone that the existence of the Miami -Dade County Homeless Trust came out of the Pottinger settlement. The Miami Homeless Trust mission is homelessness. A common occurrence played out daily is no assistance, no help, no shelter available, which is a common theme. The total unsheltered and homeless population and sheltered population in Miami -Dade County is 4,152. If you would take every unsheltered homeless person and sheltered person and fronted the cost of a bed for each homeless person for one year, the total cost to fund a shelter bed for every homeless person in Miami -Dade County would run between 34 and $36 million, leaving no less than $19 million in the Miami -Dade Homeless Trust budget out of a $50 million annual budget. With $36 million, every homeless man, women could be sheltered. The reality today is that the Miami -Dade County Homeless Trust has a budget of $55 million, and a surplus and a long waiting list for shelter. Homeless individuals discharged from jail, from the hospitals every day are finding themselves in the streets of Miami with no place to go, and are denied shelter and are best placed in a waiting list. Last year, the Miami -Dade County Homeless Trust held a memorial service at Miami -Dade County Government Center, remembering the 75 homeless men and women who died in South Florida in 2014. The chairman of the Homeless Trust, Ron Book, was quoted in WIOD (Wonderful Isle of Dreams) news article that the homeless die at the average age of 51. The average life expectancy for everyone else is 79. He says, "The homeless often die from medical conditions that could be treated and from violence that could have been prevented." Those are very powerful statements, and I could not agree more. How many homeless lives could have been saved in Miami -Dade County if the Homeless Trust would take a proactive approach and eliminate the waiting list for shelter and support the City of Miami Shelter Program? Our homeless would then have access to medical, mental health and substance abuse services that would be in a secure environment. Homeless lives matter. Today, I ask everyone to come together for the betterment of the homeless. No shelter and a waiting list for shelter is not acceptable and no longer should be accepted. Let's not help some homeless and reject other homeless. Politics, difference in philosophy has no place in helping the needy. Let's help all the homeless, because it's the right thing to do. Our actions define who we are. We have to stop saying "no." Let's start saying City of Miami Page 89 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 "yes." Collaboration between the Miami -Dade County Homeless Trust, the City of Miami and Outreach and the Miami Police Department is key if we wish to be effective to end homelessness. I ask the City of Miami Commission today to pass the resolution and urge the Miami -Dade County Commissioners to fund the City of Miami Shelter Program since the Miami Homeless Trust will not. I have stated and I believe we cannot arrest our way out of homelessness. Only together we can make a difference and help change the life of a homeless person. Thank you. Chair Gort: Thank you. Commissioner Sarnoff I think there are some people who'd like to speak, Mr. Chair. Chair Gort: Sure. Public hearing. Jose Goyanes: Good morning, Mr. Chairman, Commissioners. Why am I here today? It's definitely not because I have a career of making videos now, but many of my friends said to me, "Why are you getting involved in this? You know, you need to be very careful." Some of them even said, "You're dealing with a very, very powerful guy in Ron Book," and so I'm basically coming here to tell you why I'm involved in this. The homeless situation in downtown Miami and in the City of Miami affects every small business, every resident, every tourist, every tax paying property owner, and at the end of the day, every other district in the City of Miami; not just our district. Like someone told me the other day, `Downtown Miami is a donor district," and saw that gentleman walking around today. And he says, "It gives more money to the City and the County than what it takes back in services." And he said to me, "It's good to be a donor district." And you know what? I agree with him, because we can help the rest of the City. Miami -Dade County Commissioners and the Miami -Dade County Homeless Trust has a moral and fiduciary responsibility not only to the homeless community, but to everyone else that is directly affected by this situation. With their $54 million annual budget, don't kid yourself the Homeless Trust is a business. And like any business, if you don't change with the times, the times will change you. The Miami -Dade County Commission and the Homeless Trust need to start thinking outside the proverbial box -- I've said this before -- because sometimes, new ideas come from those who see things from a different perspective, and one of these things is the City of Miami Shelter Program at Camillus House; it's a great idea; it's working. I have been promoting the Pit Stop Program. It's an idea that's been implemented in San Francisco, and it's being looked at now in Hawaii, Portland and New York. The City of Miami, its residents and taxpayers cannot continue with this piano on its back. It is time to put County politics aside and work together and tackle this problem; not only with pie -in -the -sky -housing -for -all ideas, but in addition, with ideas that capture and help the homeless community today, not years and decades from now. Thank you. But in closing, I want to thank Commissioner Sarnoff. I don't feell thank him enough. Usually, we're on the opposite side of things. But he has done a hell of a job on this. Chair Gort: That's right. Mr. Goyanes: Officer James Bernat and every City employee that has received my colorful emails, for lack of a better word. Thank you. Chair Gort: Thank you. Anyone else? Commissioner Suarez: Mr. Chair, Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Chair Gort: But let the -- City of Miami Page 90 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Oh, yeah. Chair Gort: (UNINTELLIGIBLE) Mr. Cruz. Commissioner Suarez: My apologies. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. And I know firsthand the homeless problem. And I been clear a lot. I thank Bernat, because the problem that was on 17th Street there with the charities, Sister of Charity and the people that were coming from way out south to give food to the people there, I say, `Matthew 26 say, 'Give food to the hungry.'" He say, "Well, Matthew 26 also say, 7 was a stranger and you took me in.'" Why don't you take them to your church, eh? Be complete, be the Matthew 26 complete. No, don't take out of context whatever is convenient to you, but whatever they doing there is clear, it's clear. And I know, because I know. I go to the VA (Veterans Administration). I know a lot of people on the street and it been clear. Thank you, Bernat. You're doing good little by little by there. It does -- that situation -- You remember that you are two paychecks away from being homeless; two paychecks. Not me. I know I got plenty of bread, plenty with -- I don't have to worry about anything. Thank you. Chair Gort: Thank you. Next. Brett Bibeau: Honorable City Commission, good morning. Brett Bibeau, with offices located at 1407 Northwest 7th Street, managing director of the Miami River Commission. "This letter serves as the Miami River Commission's official statement, as requested in City Resolution 00-320 regarding RE.6, which impacts the Miami River. On behalf of the Miami River Commission, its over 10,000 residents, business owners and employees along the Miami River, I thank you for preparing today's needed agenda item. Continuing the City of Miami's successful shelter program is critical to implementing the revised Pottinger Settlement Agreement. I would like to thank the City of Miami's homeless coordinator, James Bernat, from the Miami Police Department; and the City of Miami's Homeless Assistance Department for their continued efforts to provide housing, medical and dental care, mental health treatment, three meals a day, security, a dog kennel, showers, lockers, a library, television, computers and activities, at no cost to the homeless. Everyone wants to continue striving for the same mutually desired outcome: the end of homelessness. Your time and continued strong support for the Miami River District are appreciated" Thank you. Chair Gort: Thank you. Anyone else? Anyone else? We'll close the public hearings. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair; I'll try to be brief. First of all, I want to commend Commissioner Sarnoff for this graphic, because I think it illustrates on one page very simply -- sometimes we don't do things simple enough -- exactly the numerical impact of the problem. And I try to call these things like I see it, and obviously, be careful when I do that. There's three things that I think we need to focus on with regards to this issue. The first is we need to change the message. I think the message has all too often been about -- it hasn't been enough about -- let's put it this way -- the people who are the homeless and what's best for them. And I think sometimes, we give the impression that they're a nuisance or a bother. And frankly, you know, there is a quality of life issue for our other residents and for our businesses, but we have to be cognizant of the fact that, you know, they're human beings, and most of us believe that they have infinite value. So that's issue number one; I think we have to change the message a little bit. Secondly -- and I commend the officer, and I commend the Commissioner and I commend Jose for sticking by their principles and fighting for what they believe in. I've noticed in the five years that I've been here that collegiality usually leads to -- and compromise usually leads to a better result, but I am struck by the fact that -- and that's why the numerical analysis is so important -- when you divide the budget of the Homeless Trust, which I have no reason to doubt is the actual City of Miami Page 91 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 budget of $53.2 million -- by a thousand homeless, according to the points and time census of 2015, of a 1,007, that roughly equates to $53, 000 per homeless person, unless I'm doing the math wrong, and I don't think I am. So, I mean, we could, in theory, just give those people a 50, 000-dollar job and they would, presumably, fare fairly well in terms of housing themselves and being able to pay for their lodging, and being able to pay for their transportation, et cetera. Obviously, the big issue is -- with the chronic homeless, especially -- that we're dealing with mental health issues and we're dealing with substance abuse issues. But I do think, at some point, we've made our point, and I'm going to -- and I support this resolution, by the way; I just want to state that clearly. But I think we need to now -- after all this, we need to get together now and we need to utilize those assets, because those assets are far greater than what we have to bring to bear, either as a Commission or as the DDA. And third, I would say -- I would just reiterate a point that Jose made, that Mr. Goyanes made, which is on all these issues and all debates, you have to think outside of the box. You know, you said it exactly the way I had it written down. The shelter program, the Pit Stop Program, I mean, whatever programs we can do to make sure that -- maybe the individuals that we're trying to help are not getting the optimum level of care, but they're being treated like human beings, and they're getting the most care that they're willing to accept. And I think that's a critical difference, and we should have that available for them, and then they can choose, based on their comfort level, what level of help they're going to decide to get. But ultimately, it benefits our, you know, downtown core and our City at large. So I just wanted to put those things on the record, because this is an issue that we've talked about a lot; it's been, you know, very public and I just want to make sure that our residents and the homeless population understands that, you know, we're doing this with a view of trying to improve their quality of life, as well as the quality of life of other residents in the City of Miami. Thank you, Mr. Chair. Chair Gort: Thank you. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I don't know who the question is for -- maybe the Manager -- but don't we have representatives for the City of Miami that are members of the Homeless Trust? Because I always feel that it's good to, you know, be able to have dialogue, and maybe we could use our representatives, whoever it is. I'm not sure who our representative is. I don't know if it's the Mayor or if we have another one. Daniell Alfonso (City Manager): Mr. Chairman, through the Chair, we have two representatives: One is the Mayor, and one is appointed by me. But the board is -- Commissioner Sarnoff Twenty-three. Mr. Alfonso: -- 23 members, so -- Commissioner Suarez: Like the MPO (Metropolitan Planning Organization). Mr. Alfonso: -- we often get out -voted. Commissioner Carollo: Who's the second member that's --? Mr. Alfonso: Mr. Solowsky is appointed by me to the Homeless Trust Board. Commissioner Carollo: Is it possible to use those two members as a liaison and see if we could work together? And I understand. Listen, I chaired a board that was 45, and that was tough; Florida Workforce. So I understand it's not easy, but at the same time, you know, I just feel that some communications will be good. It is a challenging issue. Commissioner Sarnoff And just so you know, Commissioner Carollo, with the director, we've had not less than -- because I've personally been at four meetings, and I think there's been about City of Miami Page 92 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 eight meetings. So I want you to know that there is a lot of communication; just a differing of opinion, and a differing of tactic, and a differing of strategy and -- can I speak for a moment, Mr. Chair? Chair Gort: Shouldn't have to ask; it's your item. Commissioner Sarnoff So let's just say Commissioner Sarnoff goes away -- and I will, trust me -- and this mat program or this shelter program goes away tomorrow. A little over a thousand two -- one, two, three, four -- 1,234 people will not have been provided a shelter, okay? That means that 1,234 people will be living on the streets, exactly where they are today. I want to stress one thing with everyone: At the person's option -- meaning, you can't force them -- they have available to them the moment they walk in the door, under our program, housing, medical, dental care, mental health; three meals a day, or, as they like to say, "three hots and a cot "; security, a dog kennel, showers, lockers, a library, television, computers, activities, at no cost to the homeless. So the moment they walk in the door, at their option, they have those services available to them. Now, why bring this up at all? Because, certainly, it's not popular; it certainly is not -- you're taking on a very strategic player; certainly isn't good for my political career, should there ever be one. Because here's why you do it: You look at a person like Jose Goyanes, who, candidly, most of the time, I don't get along with -- and he knows that -- but you look at the risk he took over the years. Over the years, he put Tray, he put the barbershop. He invest -- he also had the other Italian restaurant right across the street from the courthouse. Commissioner Suarez: That's why you don't get along, because you don't remember the name. Commissioner Sarnoff I don't remember his restaurant -- (UNINTELLIGIBLE). He took on a place that was no man's land, okay? He decided that, "I can make no man's land a great place." And no man's land is now 60, 000 people's land; approaching 80, 000 people land. And he does so at extreme disadvantage. He has homeless come up to his restaurant. He has to deal with feces, urine on a daily basis. I don't think he ever wanted to or necessarily thought that he'd be cleaning that on a daily basis. Where do 600 people go to the bathroom every day? Well, there's a map to show you about where they go to the bathroom every day. And, you know, we're told by some that this is not a homeless issue, but it's a fact of what the homeless do. So why take it on, certainly to the businesses? Why should this Commission take it on for the residents that you have invited? Because you have graciously taken their tax dollars to fund the City of Miami. Remember, the downtown accounts, for the better part of 45 percent of our ad valorem budget, you've invited people to move downtown. You've invited them to pay their taxes. And what they're confronting are issues that don't make the downtown attractive. I'm not going to get into Commissioner Suarez' issue, because nobody says it as eloquently or as nicely as he does with regard to the homeless person. I share in his sentiment, but he says it much better than me, so let me just adopt what he says. It certainly is tough on them, and they need to be dealt fairly with. Last point: Why bring it up now? Why not leave 7th, 8th, 9th, loth and 11 th Street -- that's where they are, that's where the tents exist every day -- why not leave it alone, Commissioner Sarnoff? You got to be crazy taking on the Homeless Trust, asking the County Commission to do something. Because this Commission, in its infinite wisdom -- and by the way, it was good wisdom -- decided that we should facilitate more construction. That construction's going to facilitate retail. That construction is going to facilitate living. That construction is equally going to -- I tell you in the end -- will facilitate more office buildings. So you're going to displace what has been my problem and Commissioner Hardemon's problem. It's not going to be our problem for very much longer. These people are going to go somewhere; probably going to go to Commissioner Gort's area; got to be candid with you, Commissioner Carollo, I think they're going to go to your area. Commissioner Carollo: They're already there. Commissioner Sarnoff And I got to tell you, Commissioner Suarez, I don't think you're going to City of Miami Page 93 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 be exempt; I really, really don't. So what is a unique problem to primarily the District Commissioner and secondarily, the District 5 Commissioner, is going to become the 3, the 2 -- the 3, the 1 and the 4 Commissioners' problem if we don't deal with this now. You know, there's an interesting statistic on this, Commissioner Suarez: The exact same number of homeless in 2009 as 2015. Do you know what the 2009 budget was? Anybody have an -- wager an idea? Commissioner Suarez: Less. Commissioner Sarnoff A lot less than $53 million. It was in the low 40's or high 30's. So if your budget has gone up by 10 to $12 million and you have the exact same number of homeless you had in 2009, you're using the same strategies that you used then. You know the definition of "insanity, " Commissioner Suarez? Rents for (UNINTELLIGIBLE). Commissioner Suarez: You always remind me. Commissioner Sarnoff Thank you, Mr. Chair. Commissioner Suarez: Mr. Chair, ifI may? Just real quick. Chair Gort: Yes, go ahead. Commissioner Suarez: Thirty seconds. You know, one of the reasons why I support this is when we, as a City, were considering or were talking about it, there was some discussion about revoking the Sisters of Good Charity's ability to feed the homeless in the City. I actually went and visited the facility, and I also talked to some of the homeless on the street. And I was surprised that they didn't say, you know, that their biggest issue was the discomfort of sleeping on a concrete sidewalk, or, you know, the uncertainty of knowing that they would have the next meal. What they actually talked about was that they had to sleep with one eye open -- and I'm quoting -- "one eye open." So I think what's interesting about this and the biggest benefit for me is that they no longer have to sleep with one eye open. They have security; they know that they're going to be safe. And I think -- from a human perspective, I think that is a major, major benefit. Chair Gort: Let me tell you, I don't know where I'm going to start. I started dealing with the homeless back in 1985 when I was the president of the Downtown Miami Business Association. And the City of Miami is one of the city that really has work to make it better for the homeless. Now, the City of Miami is the only one that has the Pottinger case or agreement. No other city has the same restrictions that we have. So in other -- I wonder how they treat them in other cities. When you look at the numbers, you say in the City of Miami, we have 616 homeless, which I think it's a lot more than that; in the County, a thousand; I think it's a lot more than that. You're talking about 340 in downtown Miami, so you have 276 or a lot more throughout the neighborhood. Right next to -- our neighborhood right next to the court; right next to the health center, that's where we get the most. Now, I have talked to them and I met with them. I think you got to realize it's a complex individuals. You got the homeless, their family homeless that lost their job and all that; they're being help and that's fine. We also have the mentally ill. If you all recall, the hospital, mental hospital, the State closed them, I think, about 10 years ago or more than that; about 20 years ago. So you have a lot of mentally ill. Like it was stated by Commissioner Suarez before, you have all these addicts or people that they alcoholic, drug addicts and so on. But let me tell you, your problem is all over. And the thing that protects them is the Pottinger. I mean, I'm going to show you some slides where we have around the Health District, in my district; show them around a little bit. And my -- what is the right of the citizen? I mean, nobody can walk through that sidewalk. We have people in front of businesses, laying down. Is this a lot better than being in a shelter? You tell me that this is better than being in a shelter, where they get health care, they get food, they get shower, they being taken care of? When they consider that this is better, we need to change their mind. Now, let me tell you, we City of Miami Page 94 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 talked about a mentor program (UNINTELLIGIBLE). We at the church took a gentleman by the name of Filipito. Filipito, he didn't know -- he didn't have any documents, he didn't know where he came from, so the church adopted him and started mentoring him. A couple of the people in the church started taking him around. They got the documents, they got help. They find out that he was a Cuban refugee; that he had rights and he had some services that was due to him. They took care -- the guy is living now in the neighborhood where there are people and doing very well. I mean, if anybody tells me that this is better than being in shelter where they receive all the assistance, I don't know what's better. So I'm all for the resolution myself, a resolution, so -- Do I have a motion? Commissioner Sarnoff I'll move it. Chair Gort: It's moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Commissioner Suarez: Second. Chair Gort: Any further discussion? Commissioner Sarnoff Could the record show the entire City Commission seconding that; maybe the entire City Commission moving it and the entire City Commission seconding it? Chair Gort: Yes, sir. Commissioner Suarez: I have no problem. I don't know if that works, but, yeah. I've never done that before. Todd B. Hannon (City Clerk): It will be reflected in the minutes. Commissioner Suarez: Okay. Chair Gort: Thank you, (UNINTELLIGIBLE). Commissioner Suarez: That's a very, very good comeback; very good. Chair Gort: Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.7 RESOLUTION 15-00611 District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY TO PLACE A BIKE LANE ON THE SOUTHEASTERN SIDE OF MAIN HIGHWAY, MIAMI, FLORIDA, AFTER THE CONCLUSION OF THE STORMWATER DRAINAGE PROJECT SET TO COMMENCE IN JULY, 2015 AS PART OF THE ROADWAY RESTORATION; DIRECTING THE CITY CLERK TO TRANSMIT COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. City of Miami Page 95 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 15-00611 Site Plan Main Highway.pdf 15-00611 Main Highway Traffic Study.pdf 15-00611 E-Mail Main Highway.pdf 15-00611 E-Mail Coconut Grove Traffic Study.pdf 15-00611 Legislation.pdf 15-00611-Submittal-Commissioner Sarnoff-Bike Lane Proposal.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0217 Chair Gort: Commissioner Sarnoff, you have -- Commissioner Sarnoff Yes. Chair Gort: -- couple of items. Commissioner Sarnoff Mr. Chair, I had -- Francisco Garcia (Director, Planning & Zoning): Thank you. Commissioner Sarnoff -- RE.5, I believe. Commissioner Carollo: Seven. Commissioner Sarnoff Seven; I'm sorry. Chair Gort: Seven. Commissioner Sarnoff Seven. Mr. Chair, RE.7 is a project which the County is about to do on what the County itself calls "Commodore Trail Bike Lane [sic] I." As -- if you don't already know, Commodore Trail Bike Lane [sic] 1 is Main Highway. At any rate, Main Highway is about to undergo a significant reconstruction by the County, Mr. Chair. It's going to have -- the entire infrastructure will be rebuilt. We've been receiving from a number of people requests to have a bike lane put in there. The County has been resistant to this request for the better part of two to three years. We think it's time that -- and what we're showing you right now is a bike lane that is interior of the parking spaces, so it's like state -of -art, the best way to do it, so that -- I realize, Mr. Chair, that a Carlos Migoya or a biker like that is not going to be using the bike lane. However, a mother and a child will be using that bike lane; and as you know right now, they're forced to go onto the sidewalk where there's plenty of seating. It's called Bike Lane [sic] 1. It's actually the County Bike Lane [sic] 1. So I'm asking the City to pass a resolution. I believe I have the district Commissioner's attention. I certainly have his son's attention. Commissioner Suarez: Second. Chair Gort: A motion by Commissioner Sarnoff Commissioner Sarnoff Thank you. Chair Gort: Is there a second? Commissioner Suarez: Second. City of Miami Page 96 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: I could tell you, the district Commissioner likes these little graphics. He's Mr. Graphics, so. Commissioner Sarnoff. Thank you, Mr. Chair. Commissioner Suarez: This is not an -- Commissioner Sarnoff. Chair. Commissioner Suarez: -- MPO (Metropolitan Planning Organization) issue, right? Chair Gort: Do you have another one? Commissioner Sarnoff. No, no (UNINTELLIGIBLE). Commissioner Suarez: You don't like corning to the MPO. RE.8 RESOLUTION 15-00608 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), DIRECTING THE CITY MANAGER TO NEGOTIATE A David Sarnoff GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PARKS FOUNDATION OF MIAMI-DADE, INC. ("FOUNDATION"), A NOT -FOR -PROFIT CORPORATION, FOR THE PURPOSES OF PROVIDING FUNDING IN THE AMOUNT OF TWO -HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE FOUNDATION AS PREVIOUSLY ALLOCATED PURSUANT TO RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, FOR PARKS AND RECREATION SYSTEM IMPROVEMENTS AS DEFINED IN SECTION 13-5 OF THE CODE OF THE CITY OF MIAMI ("CITY") FOR THE UNDERLINE (FORMERLY KNOWN AS THE GREENLINK PROJECT) WITHIN THE CITY LIMITS OF THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO SUBMIT THE PROPOSED GRANT AGREEMENT FOR CITY COMMISSION APPROVAL WITHIN NINETY (90) DAYS OF THIS RESOLUTION. 15-00608 Legislation.pdf 15-00608 Exhibit A.pdf 15-00608 Exhibit B.pdf 15-00608 Exhibit C.pdf 15-00608 Exhibit D.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0218 Commissioner Sarnoff. Mr. Chair. City of Miami Page 97 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 RE.9 15-00475 Department of Real Estate and Asset Management Chair Gort: RE.8. Commissioner Sarnoff. Yes, sir, Mr. Chair. This was a grant that we gave last year in last year's budget for $200, 000, which was for the Underline. So what it is, is it's a resolution of the City of Miami, with attachments, directing the City Manager to negotiate a grant agreement, in a form acceptable to the City Attorney, with the Parks Foundation of Miami [sic], Inc., which we know now as the "Foundation," a not -for -profit corporation, the purpose of providing funding, in the amount of $200, 000, to the Foundation as previously allocated, Mr. Chair, pursuant to Resolution 14-0383, adopted, if you will recall, on September 29, 2014, for the Parks & Recreation System Improvement [sic], as defined in Section 13-5 of the Code of the City of Miami for the Underline, formerly known as the "Green Link Project, " within the city limits of the City of Miami; directing the City Manager to submit the proposed grant agreement for City Commission approval within 90 days of this resolution. And, Mr. Chair, I'd make that as part of my motion. Chair Gort: Thankyou. There's a motion. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second. Any discussion? Seeing none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. You need to Chair. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND TMSAALTIS 5040, LLC ("LESSOR"), FOR THE USE OF APPROXIMATELY NINE THOUSAND TWO HUNDRED EIGHTY (9,280) SQUARE FEET OF OFFICE SPACE, LOCATED AT 5040 NORTHWEST 7 STREET, MIAMI, FLORIDA, FOR THE OPERATION OF THE INTERNAL AFFAIRS DIVISION OF THE CITY'S POLICE DEPARTMENT, WITH A MONTHLY RENTAL FEE IN AN AMOUNT NOT TO EXCEED $17,786.66 ($23.00 PER SQUARE FOOT), ALL INCLUSIVE AND WITH ANNUAL INCREASES, FOR A PERIOD OF SEVEN (7) YEARS AND FIVE MONTHS, WITH AN ADDITIONAL FIVE (5) YEAR OPTION TO RENEW; ALLOCATING FUNDS FROM THE CITY POLICE DEPARTMENT'S BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 15-00475 Summary Form.pdf 15-00475 Legislation.pdf 15-00475 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0219 Chair Gort: What do we have left? City of Miami Page 98 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 BC.1 15-00582 Todd B. Hannon (City Clerk): RE.9. Daniel Rotenberg (Director, Public Facilities): RE.9. Chair Gort: RE.9. Mr. Rotenberg: Good evening, Commissioners. Daniel Rotenberg, director, Department of Real Estate & Asset Management. RE.9 is a resolution to execute a lease agreement, approximately 9,000 square feet, located at 5040 Northwest 7th Street, for the operation Internal Affairs Division in the City's Police Department. Chair Gort: Thank you. It's a great place. Do I have a motion? Commissioner Sarnoff. So moved. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. Commissioner Suarez: It's in a great Commissioner's district; yours. Chair Gort: It's in the -- I think it's a great location. I'd like to see policemen presence in that area. That's going to be very effective and help that neighborhood quite a bit. Commissioner Suarez: The adult in the room; thankfully, we have one. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Chief great presentation. 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: Commissioner Marc David Sarnoff 15-00582 Arts CCMemo.pdf 15-00582 Arts Current_Board_Members.pdf NO ACTION TAKEN BC.2 RESOLUTION City of Miami Page99 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 14-00964 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 15-00583 Office of the City Clerk BC.4 15-00289 APPOINTEES: 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff 15-00583 Bayfront CCMemo.pdf 15-00583 Bayfront Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM COMMITTEE FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Bejel Commissioner Frank Carollo 15-00289 Charter Review CCMemo.pdf 15-00289 Charter Review Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 100 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 BC.5 14-00967 R-15-0208 Todd B. Hannon (City Clerk): And then, Chair -- Chair Gort: Next. Mr. Hannon: -- are we -- Chair, we do have a couple of board appointments that we'd really like to address at this meeting. Chair Gort: Okay, board appointments. Whose appointments? I'll waive all of mine today. Mr. Hannon: We're trying to get the Sea Level Rise Committee up and running, and we also have a vacancy on the Charter Review & Reform Committee that we would like to fill. Commissioner Suarez: let's go. Chair Gort: My understanding, there's certain requirements that is needed for the person to be appointed to that -- Mr. Hannon: For Sea Level Rise, yeah; right now they don't have quorum, so we would like to make those appointments this evening, if possible. Chair Gort: I have one, but my understanding is you need some kind of certificate. Nicole N. Ewan (Assistant City Clerk): We're squared away with that, Chair. We're ready to move forward with your appointment. Chair Gort: For that? Ms. Ewan: Yes. Chair Gort: Okay. Ms. Ewan: I mean, ifI can start with BC.4, it's the Charter Review & Reform Committee. Commissioner Carollo will be appointing Jose Bejel. Chair Gort: Do I have a motion? Commissioner Carollo: Move it. Commissioner Sarnoff So moved. Chair Gort: It's been moved -- Commissioner Sarnoff Second. Chair Gort: -- and second. Any further discussion? Being none, all in favor, state it by saying e. The Commission (Collectively): Aye. RESOLUTION City of Miami Page 101 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 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: 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 15-00412 NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel 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. BC.7 15-00413 APPOI NTEES: (Alternate Member) (Alternate Member) 15-00412 CEB CCMemo.pdf 15-00412 CEB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION 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: Mayor Tomas Regalado Chair Wifredo (Willy) Gort City of Miami Page 102 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 BC.8 15-00414 15-00413 CRB CCMemo.pdf 15-00413 CRB Current_Board_Members.pdf 15-00413 CRB Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 15-00414 CSW CCMemo.pdf 15-00414 CSW Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION 15-00291 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City Manager Daniel J. Alfonso City of Miami Page 103 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 (Ex-Officio Non Voting Member) City Manager Daniel J. Alfonso (Ex-Officio Non Voting Youth Member) 15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NO ACTION TAKEN BC.10 RESOLUTION 15-00415 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.11 15-00584 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP AFSCME 1907 15-00415 EOAB CCMemo.pdf 15-00415 EOAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 10-1 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Marc David Sarnoff 15-00584 Finance CCMemo.pdf 15-00584 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 15-00418 Office ofthe 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: 15-00418 MIC CCMemo.pdf 15-00418 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.13 RESOLUTION 15-00586 NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Office ofthe 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. BC.14 15-00420 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 15-00586 MSEACCMemo.pdf 15-00586 MSEA Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION City of Miami Page 105 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-00420 PRAB CCMemo.pdf 15-00420 PRAB Current_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 15-00587 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Regalado Chair Wifredo (Willy) Gort David Martin Commissioner Marc David Sarnoff Reinaldo Borges Commissioner Francis Suarez 15-00587 Sea Level Rise CCMemo.pdf 15-00587 Sea Level Rise Current_Board_Members.pdf 15-00587 Sea Level Rise Resume.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0209 Nicole N. Ewan (Assistant City Clerk): And BC.15, Sea Level Rise Committee, Chair Gort will be appointing Jose Regalado, Commissioner Sarnoff will be appointing David Martin, and Commissioner Suarez will be appointing Reynaldo Borges. Commissioner Sarnoff. So moved. Commissioner Suarez: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you, Chair. That concludes the boards. City of Miami Page 106 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: Thank you. BC.16 RESOLUTION 15-00588 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: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 15-00588 UDRB CCMemo.pdf 15-00588 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.17 RESOLUTION 14-00867 Office ofthe 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.18 15-00421 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 City of Miami Page 107 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Office of the City Clerk DI.1 15-00484 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 15-00421 WAB CCMemo.pdf 15-00421 WAB Current_Board_Members.pdf NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo NO ACTION TAKEN END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00484-Submittal-Commissioner Sarnoff-Bay Point On -Duty Police Patrol Email.pdf 15-00484-Submittal-Commissioner Sarnoff-Police Department Hiring and Staffing Update Memo.p DISCUSSED Chair Gort: Any other items? Commissioner Sarnoff. We have the police real briefly. Chair Gort: Yes. Commissioner Sarnoff. Chief I looked at your numbers; we're down a couple of cops. I have a significant complaint from Bay Point. I will not embarrass you by reading it; I will hand it to you. This is probably the highest group of homes -- taxpayers in the City of Miami. I'm going to ask this Commission, if you have any interest, I'd like to do a presentation at some point on where I think we're going with police based on our analysis of where we'll be in September of 2017. Rodolfo Llanes (Chief of Police): You can -- Commissioner Sarnoff. We will not be where we are today. Chief Llanes: If you're -- that's not my purview, sir. If you would like to do a presentation, I City of Miami Page 108 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 would be glad -- I'm sorry; Rodolfo Llanes, Chief of Police. I'd be glad to watch it with you before and present it at will. I mean, that's what we do here is -- if there's something that we can improve, actually, we'll endeavor to improve it. Commissioner Sarnoff Well, at the rate we're hiring versus the rate that we're going to lose people, we will not have as many officers on the street today as we will in September 2017; we'll actually be at a loss. Chief Llanes: I continue to disagree with that math, sir. Commissioner Sarnoff And I'm going to show you trend lines, and I'm going to show you why that is. Chief Llanes: I would -- let's see it. Commissioner Sarnoff But I would hope the other Commissioners would want to see that, as well. Commissioner Suarez: You know, we can do a sunshine meeting. Commissioner Sarnoff That's what I'm saying. Commissioner Suarez: And we can kind of -- Vice Chair Hardemon: I don't think Carollo likes to be in the sunshine. Commissioner Suarez: Well, I don't know, and I'm not going to put any words in anybody's mouth. I didn't say that. Chair Gort: Well, he's not here. Commissioner Suarez: Whoa, whoa. Chair Gort: Oh, he didn't say that. Commissioner Suarez: I didn't take that shot. Vice Chair Hardemon: Yeah. I wanted to hit him while he was here. Commissioner Suarez: I saw it, I saw it. That's good. Commissioner Sarnoff So my -- Commissioner Suarez: While we're in the sunshine. Commissioner Sarnoff I know you go to them, so what -- Commissioner Suarez: Yeah. Commissioner Sarnoff -- I'm going to do is get my office to coordinate with all -- Commissioner Suarez: I'll be there. Commissioner Sarnoff -- of you guys just to see if you want to do it. It'll be a 5 o'clock a or 6 o'clock meeting; all of one hour, I promise you. City of Miami Page 109 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Chair Gort: How 'bout early in the morning; 8: 30 in the morning? Commissioner Sarnoff Because you know why? Let the public see it, because I think the public wants to see this. Commissioner Suarez: I'm fine with it. Chair Gort: I don't have any problem, whatever. Commissioner Sarnoff And I promise you, I will sit down with the Chief beforehand. I will not blindside him. Commissioner Suarez: And you can -- Commissioner Sarnoff And when I say "beforehand," two weeks beforehand. Commissioner Suarez: And I will meet with the Chief -- Chief Llanes: Appreciate it. Commissioner Suarez: -- as well. If he wants to meet with me, I'll be more than happy to, as well. Chief Llanes: What I would like to avoid Commissioner, is I would like to avoid a "duel" presentation where we are not on the same page. Commissioner Suarez: Well, trust me, I (UNINTELLIGIBLE) -- Chief Llanes: Where I would say, "These are my numbers, and these are your numbers." So, I'd like to sit down with you. And if we can do a -- Commissioner Sarnoff Right. Commissioner Suarez: Reconciliation. Chief Llanes: -- presentation that, you know, is an accurate depiction of what we both think, even if we disagree. Commissioner Sarnoff And -- right. Chief Llanes: That's what I would like. I would not like -- Commissioner Sarnoff Well, there (UNINTELLIGIBLE) -- Chief Llanes: -- for us to in the public then say, "This is what Commissioner Sarnoffs numbers look like, and this is what the Chief of Police numbers looks like," because that's not productive. Commissioner Sarnoff Right, and I don't disagree with you. We had Chief Orosa's numbers; we now have Chief Llanes' numbers; they're slightly different; not anything to like a great big eye opener, but slightly different. We have trend lines, and that's the issue. At the rate that we're hiring, at the rate we're coming off this list -- Chief Llanes: Okay. City of Miami Page 110 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Sarnoff -- I don't think -- I know I'm going to be right, because we've been studying this for the better part of six months. So what I will do is meet with you. Chief Banes: I would hate to get into an argument with an attorney who thinks he's right, but I'll show you my numbers, and then we can come to a consensus. Commissioner Sarnoff Fair enough. Commissioner Suarez: No dueling resolutions. No dueling ordinances. Chief Banes: No dueling PowerPoints. Commissioner Suarez: Please. Thank you. Commissioner Sarnoff We can go to the shooting range later. Chief Llanes: That's my home turf sir; I think I got you there. Commissioner Sarnoff All right. Thank you. DI.2 DISCUSSION ITEM 15-00606 District 4- DISCUSSION REGARDING SEA LEVEL RISE. Commissioner Francis Suarez DI.3 15-00470 District 4- Commissioner Francis Suarez (DI.3) 15-00470a 15-00606 E-Mail - Discussion Item.pdf 15-00606 Back-up - Article.pdf NO ACTION TAKEN DISCUSSION ITEM MARINE STADIUM UPDATE REGARDING: DETAILED DESCRIPTION OF SCALE FOR CURRENT CONSTRUCTION PHASE SECOND PHASE OF CONSTRUCTION (STADIUM) MARINE STADIUM GOVERNING STRUCTURE VIRGINIA KEY 2010 MASTER PLAN 15-00470 E-Mail - Discussion Item.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF MIAMI COMMMODORE RALPH MUNROE MIAMI MARINE STADIUM ("MIAMI MARINE STADIUM" ) STEERING COMMITTEE, TO ADVISE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING THE MISSION, VISION, BUSINESS PLAN, GOVERNANCE, AND OPERATION OF THE MIAMI MARINE STADIUM AND ITS ABUTTING PROPERTY AND BASIN; STATING THE COMMITTEE'S MEMBERSHIP: ONE MEMBER APPOINTED BY THE VILLAGE OF KEY BISCAYNE MAYOR AND ONE MEMBER City of Miami Pngz 111 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 APPOINTED BY THE VILLAGE COUNCIL, ONE MEMBER APPOINTED BY THE DISTRICT 7 COMMISSIONER OF MIAMI-DADE COUNTY, ONE MEMBER FROM EACH OF THE FOLLOWING: DADE HERITAGE TRUST, NATIONAL TRUST FOR HISTORIC PRESERVATION, FRIENDS OF MARIMNE STADIUM, TRUST FOR PUBLIC LANDS AND THE URBAN ENVIRONMENT LEAGUE OF GREATER MIAMI; STATING THE COMMITTEE'S PURPOSES, DUTIES, COMPOSITION, RULES OF PROCEEDURE; MEETING, QUORUM, ASSIGNMENT OF PERSONNEL AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 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-15-0221 Chair Gort: Okay, any other items? Commissioner Suarez: You want me to --? Do you --? Okay. Chair Gort: There is some discussion item. I think -- Commissioner Suarez: Yeah. On Virginia Key, I think, you know, not getting into the issue of intensity of use, because we've already kind of touched it, and we have more to do on that issue. I simply just wanted to maintain the conversation alive, if you will, understanding that there are phases that we can talk about and that we can progress, and I think everybody agrees with, one of which is clearly the reconstruction of the stadium itself. So, you know, the Administration has advanced a schedule which shows for a breakdown of how the $38 million, roughly, we would get it. I personally believe it's a little bit optimistic. At least to have 10 million of that 38 million, I think, is a little optimistic. Andl think, you know, it's going to require the City to do 10 million more. That's my personal opinion. If that money comes in, wonderful, because I think the efforts should be made to go out to the philanthropic community; the effort should be made to have the, you know, "Save A Seat" campaign or "Sell A Seat" campaign. All those efforts should be made. I just think, for purposes of this discussion, we really need to start identifying now how is the City going to come up with the money to rebuild it, as even some of the Key Biscayne people talked about here today, and -- you know, and focus on that issue. Also, I don't know if Mr. Bush is still here. Unfortunately, I don't see him in the audience. But when we talk about governance, which is a matter that's been near and dear to my heart -- and there's been a variety of different models that we've talked about -- I don't have any issue with the Steering Committee model that the Administration has proposed. We've talked about them all; the trust model, the conservancy, you know, operator, private operator. I don't think you can even talk about a private operator right now when you have, you know, what's ongoing, to be completely frank. You know, that's just not a topic we can talk about, in my opinion. We -- you know -- so let's leave that off the table for now. For me, you know, his perspective was, as the long-time member of the Urban Environment League, that the governance should potentially not only govern the stadium itself, but the entire asset; and so, that's something that we should discuss at some point in the future, and I think they should be brought into the conversation. And I think there is a perception, rightfully or wrongfully, it's a perception that we are not inviting as many people to the table to be part of the conversation as we need to, okay. That's a perception that's out there. I'm not saying it's true or not. I'm just saying it's out there, and there's more than one person saying it. So, you know, I think we always can improve, and I hope that we do things to dispel that perception. Alice Bravo (Deputy City Manager/Chief of Infrastructure): And through the Chair, I'm not going to go over the whole memorandum we distributed or the consultant's report, but we're City of Miami Page 112 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 working towards fulfilling the requirements of the County for the $3 million general obligation bond grant, so we think a first important step in that is reconstituting a steering committee that could later turn into the governance group, could later turn into the nonprofit group, et cetera. We don't have to define that role or the exact structure of the governance now, but we do need to reconstitute a group that takes the issue by the helm and leads us through making the business plan decisions and the financial decisions so that we can, in fact, move forward. So what we propose here was a 13-member steering committee, consisting of an appointment by the Mayor, an appointment by each Commissioner, an appointment by the City Manager, an appointment by City of Key Biscayne, one by the County Commissioner for the area, one by Dade Heritage Trust, one for National Trust for Historic Preservation, one from the Friends of Marine Stadium, and one for Trust for Public Land. So we would like direction on proceeding with reconstituting a steering committee so that we can get the ball rolling. Chair Gort: I think that's what we requested. Commissioner Suarez: Can I just say one thing? Chair Gort: Yes. Commissioner Suarez: And I want to hear what Commissioner Carollo has to say, because I -- he's not putting a face off agree with this. "But did I -- was the Dade Heritage Trust mentioned in there? Ms. Bravo: Yes. Commissioner Suarez: Okay. And UEL (Urban Environmental League) is not? Ms. Bravo: No. Commissioner Suarez: So -- Ms. Bravo: We have Trust for Public Land, the Friends of Marine Stadium, National Trust for Historic Preservation, which is still holding pledges of funding, and is -- Commissioner Suarez: Why don't you do -- Ms. Bravo: -- helping with this; then Dade Heritage Trust; then one appointment by the County Commissioner for the district; one by City of Key Biscayne -- Commissioner Suarez: Yes. Ms. Bravo: -- one -- Commissioner Suarez: Let me just say -- let me just stop you. I think the UEL has been very vocal on this issue, particularly Greg Bush, so I think they should have a seat. And I think maybe the way to balance it out for an odd number is to let Key Biscayne have two seats; let the Mayor appoint one; let the Commission appoint another one, and that's 15. But I -- but it -- UEL has been there every step of the way, I mean, and I'm -- believe me, I'm not an advocate of expanding the number of board seats. I've always been in terms of contracting, but I think for this purpose -- very limited purpose, it might work. Ms. Bravo: Well, we could have UEL in place of Trust for Public Lands. Commissioner Suarez: I don't think it's a big deal -- City of Miami Page 113 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Bravo: Okay. Commissioner Suarez: -- you know. Chair Gort: Yeah. Commissioner Suarez: I mean -- Commissioner Carollo: Do we have to take a vote today? I mean -- and again, I know we want to move this. And what exactly will the steering committee be doing? Ms. Bravo: Well, the most important recommendation from the consultant is that to be successful, we need a mission, a vision, the business plan, and that that will help formulate the right governance structure; will formulate the right type of operator, whether it's a long-term controlling entity or a shorter term manager for the property; but that we need to start with a group that's vested in this process and does the work. Chair Gort: Let me see if I can make it a little clearly [sic]. My understanding, this committee will take the place of the Friends of Marine Stadium. Ms. Bravo: In essence, in moving the process forward. Chair Gort: Okay. Commissioner Suarez: And it doesn't relinquish any control of the asset, vis-a-vis, the City, correct? Ms. Bravo: Correct. Commissioner Suarez: Which is -- that was the big issue. Ms. Bravo: The governance decisions can come out. Commissioner Suarez: Correct. Commissioner Carollo: So, it's clearly just an advisory -- Commissioner Suarez: Pretty much. Commissioner Carollo: -- committee. So it's an advisory committee. Chair Gort: Yeah. Commissioner Suarez: Yes. I think that's another way of saying it. Commissioner Carollo: I got it. I got it. Chair Gort: Okay. Commissioner Suarez: That's fine. I'll make that motion. Chair Gort: There's a motion -- Victoria Mendez (City Attorney): Can we bring a resolution then with all the appropriate language -- City of Miami Page 114 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Fine. Is that a point? Ms. Mendez: -- you know, on how you want the committee --? Commissioner Suarez: Fine. Chair Gort: Sounds good. Bring it to the next meeting. Commissioner Suarez: As we just articulated, it was a slight expansion to what the Administration had. Ms. Bravo: Would that be turned into a resolution, what they just stated here? Ms. Mendez: I would just like them -- to have them put into how many people are going to be on the committee. Commissioner Suarez: I don't want to re -- we're in agreement on that. We're not going to just have like a long argument about that. We're -- 15 people is 2 more than what was proposed. It's UEL has an extra one and Key Biscayne has two, and one by the Mayor and one by the Commission. That's it. Does everyone agree with that? Is everyone okay with that? Chair Gort: Yes. Commissioner Sarnoff As long as Gort can't put me on it. Commissioner Suarez: Okay. We can (UNINTELLIGIBLE). Chair Gort: You'll be the chairperson. Commissioner Suarez: That's fine. It's a resolution; so moved. Chair Gort: Second? Commissioner Carollo: Second. Chair Gort: Been moved and second Any further discussion? Commissioner Suarez: That's good. Clear as day. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Do I have motion to adjourn? Commissioner Sarnoff So move. Commissioner Carollo: So move. Commissioner Sarnoff Moved Commissioner Suarez: Yeah. Chair Gort: Wait a minute. Yes. City of Miami Page 115 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 DI.4 14-01178 City Manager's Office DI.5 15-00524 Commissioner Suarez: I just want to say, can we have a finding plan with the -- for construction, without accounting for those slots that are kind of not very certain? Thank you. And how we're going to pay for it? Would it be some sort of a revenue bond or whether it be -- how are we going to pay for it, you know? Thank you. Ms. Bravo: Absolutely. Chair Gort: Okay, thank you. You all have a good evening. Mayor, thank you for being here until now. DISCUSSION ITEM DISCUSSION REGARDING LEGAL PROCEDURES FORA LONG-TERM LEASE OF THE MARINE STADIUM PROPERTY. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon DISCUSSION ITEM Department of Capital DISCUSSION REGARDING THE CITY OF MIAMI TROLLEY CIRCULATOR Improvement SYSTEM. Programs/Transportat ion 15-00524 Summary Form.pdf 15-00524-Submittal-Carlos Cruz-Casas CIP Department -Proposed Service Areas for Trolley Route 15-00524-Submittal-Commisisoner Suarez -Trolley Flyer Distributed by Commissioner Carollo.pdf 15-00524-Submittal-Commissioner Carollo-Little Havana Trolley Route Proposal.pdf DISCUSSED Note for the Record: Please see Item RE.2 for minutes referencing Item DI5. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Vice Chair Hardemon: I see here an RE.5 and RE.9. I don't know which one's a time certain, if not. So what item will we be addressing next? Todd B. Hannon (City Clerk): Sir, the time certain item for 4 p.m. is PZ 3. Vice Chair Hardemon: And have we addressed all other time certain items? Mr. Hannon: Yes, sir. Vice Chair Hardemon: And our PZ (Planning & Zoning) applicants, are they here? Everyone's prepared? Victoria Mendez (City Attorney): If I may, Chairman, if I could read the PZ -- City of Miami Page 116 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: I just want to make sure, so -- because we just addressed a few different items. I know we have RE.5 and RE.9 left, correct? Unidentified Speaker: Yes. Vice Chair Hardemon: Those are the only items that we have on the agenda. Mr. Hannon: Sir, we have RE.5, RE.7 and RE.9; BC (Boards and Committees) items; and DI.1, 2 and 3 -- Vice Chair Hardemon: And the first time -- Mr. Hannon: -- and 5. Vice Chair Hardemon: -- certain that we have is at -- was for 4 for the PZ item? Mr. Hannon: Yes, sir. Vice Chair Hardemon: PZ.3. Mr. Hannon: Yes, sir. Vice Chair Hardemon: Okay. If I may, if we could have someone remove these demonstratives; from the City staff, remove demonstratives, and then we can begin with the PZ items. Madam City Attorney. Ms. Mendez: We will now begin the Planning & Zoning portion of the meeting. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Code. Before any PZ item is heard, all those wishing to speak must be sworn by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute 286.0115 and Section 7.1.4 of Miami 21 Code. Staff will briefly present each item to be heard. The applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation and no one from the public wishes to speak for or against the item, the Commission may proceed to its deliberation. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission. Staff will be allowed to make any recommendation before then; the public may speak after. The order of the presentation may be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak, through the Chair for not more than two minutes each, 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's discretion. Thank you. Vice Chair Hardemon: Mr. Clerk. Mr. Hannon: Thank you, Chair. Anyone speaking on today's Planning & Zoning items, please stand and raise your right hand The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you. City of Miami Page 117 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 PZ.1 ORDINANCE First Reading 15-00406Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-004061u FR Fact Sheet.pdf 15-004061u Analysis, Maps & PZAB Reso.pdf 15-004061u Application & Supporting Documentation.pdf LOCATION: Approximately 53 and 61 North East 41 st Street and 50, 58, and 68 North East 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00406zc. PLANNING, ZONING AND APPEALS BOARD: On May 6, 2015, voted to defer the matter to the July 1, 2015 meeting, by a vote of 5-2. On June 3, 2015, recommended denial by a vote of 10-1. PURPOSE: This will change the above properties from "General Commercial" and "Duplex Residential" to "Major Institutional, Public Facilities, Transportation, and Utilities". Motion by Commissioner Suarez, seconded by Commissioner Carollo, 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 June 11, 2015, Regular City Commission Meeting. A motion was made by Vice Chair Hardemon and seconded by Commissioner Suarez and was passed unanimously, directing the City Manager to remand item PZ.1 back to the Planning, Zoning and Appeals Board (PZAB) meeting scheduled for June 3, 2015. Francisco Garcia (Director, Planning & Zoning): Mr. Chair, Commissioners, I believe you have called item PZ.1, is that correct? City of Miami Page 118 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: That is correct. Mr. Garcia: Thank you, sir. Items PZ.1 and PZ.2 are companion items, and they also happen to be related to what I think you've received as a Mayor's pocket item, and so I will try to coordinate all three in a manner that makes sense. The Mayor's pocket item is basically to request the applicants -- for what used to be known as the Institute of Contemporary Art -- to make a presentation to you, the City Commission, as to what the thoughts are, what the idea is, what the plan is to actually propose a development of just that, a contemporary art museum, to be located on the northern end of the Design District, and it actually straddles over to the southern end of the Buena Vista East Historic District. And to give items PZ.1 and PZ.2 context, it may serve us well to listen to the brief presentation. I will tell you, as pertains to items PZ.1 and PZ.2, that they are -- and I'll soon proceed as briefly as they are setting up their presentation. They are, respectively, an application for a land use change -- that would be PZ. 1 -- and a rezoning -- that would be PZ.2 -- for parcels at 53 and 61 Northeast 41st Street; and 50, 58 and 68 Northeast 42nd Street. The ones on 41 st Street are on the Design District side; the ones on 42nd Street are actually a part of the Buena Vista East Historic District. And the proposed change, as parts ofPZ.1 and PZ.2, are for these parcels -- all of them jointly -- to be changed from what they are presently, which is T4-O and T3-L to CI. CI is a civic institutional zoning designation. And the intent there, of course, is to allow for the sites to be developed as the Institute of Contemporary Art. IfI may -- and I understand that this is a bit unorthodox, but with the Chairman's permission, I would like to then yield to the applicant to explain briefly what the proposal is about, and then I'll come back to the recommendations and perhaps suggest a way to move forward. Vice Chair Hardemon: Before he yields to the applicant, I do have a question for PZ.1 and PZ.2. As I understood it, there was a request or a need for a continuance on those two items, so it would not be -- Mr. Garcia: Fair enough, sir, so I'll get to that issue. These two items went to the Planning, Zoning & Appeals Board, and the Planning, Zoning & Appeals Board actually deferred the items to their meeting on -- and I'll tell you the exact date -- July 1. Someone please correct me. I believe that's correct. Unidentified Speaker: July 1, that's correct. Mr. Garcia: July 1, 2015. And the reason why we've arranged this presentation in the manner that we have is to impress it upon you -- and by the way, for the record -- I didn't state this previously -- the applicants for this particular rezoning are both the applicants that will be making a presentation in a moment, as well as the City of Miami. Since there is certainly an interest to bring the institution to this particular plot of land, then I can elaborate on that if you prompt me to a bit down the line. In any event, to answer your question, the Planning, Zoning & Appeals Board continued the items to July 1. Now, I want to address that briefly by telling you that -- my apologies -- the continuation was, as expressed by the PZAB (Planning, Zoning & Appeals Board), due to the fact that a component of the application is due to be presented to the Historic & Environmental Preservation Board as a certificate of appropriateness on June 2, and they thought that they would benefit from hearing what the Historic & environmental Preservation Board had to say about the proposal. I want to emphasize that their continuance was not based on the fact that they did not have enough information, that the application was incomplete, the analysis was not complete, but simply that they would prefer to listen to the opinion of the Historic & Environmental Preservation Board as pertains to the portion of the site that is within the Buena Vista East Historic District. What I will respectfully present to you is that the two components of this proposal are not related. In other words, the Historic & Environmental Preservation Board has its scope of review, which is to consider the appropriateness of the improvements to be made to the land, vis-a-vis, the requirements of a City of Miami Page 119 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 historic district, and the scope of work -- or the scope of review of the Planning, Zoning & Appeals Board is to gauge the adequacy, the correctness of the zoning change, as proposed, based on the facts presented. For the Planning, Zoning & Appeals Board to make a recommendation to continue for a fairly long period of time for purposes of hearing what the HEP Board has to say to us is a precedent that we would not like to support and would not like to endorse. We would much prefer for each board to really keep within their assigned scope of review. For that reason, what we would recommend to you today, and we would be glad to do, is to receive instruction from this board, from the Commission, after the applicant has had an opportunity to present, as to whether or not you would like us to move forward with the application any sooner that the timeline allotted by the Planning, Zoning & Appeals Board or whether you feel that that continuance should be upheld as proposed, sir. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: You're recognized. Commissioner Suarez: Thank you. And I know this is your district, so if you want to take the lead on this, it's fine. Vice Chair Hardemon: If you have a question, feel free to ask it. Commissioner Suarez: Yeah. I just -- you know, this is the second time in, I think, like the last month where we will be, you know, specifically -- potentially remanding something with a specific instruction so we can get something done. I just -- the concern I have -- that I expressed to you in our briefing is, you know, I just want to make sure that the Planning, Zoning & Appeals Board understands that, you know, we want things to act -- to function orderly so that, you know, we don't feel that items are being hijacked, in effect, you know, with a sort of nebulous, you know - - you know, the City needs to move on. This is a beautiful project. I mean, I don't know how my colleagues feel about it. I really don't know. It's a gorgeous project, and right next to a project that looks like -- almost identical in terms of the kind of -- and it's a community benefit project, so from my perspective, I just -- you know, I personally prefer -- and I yield to the district Commissioner -- remanding this to the next Planning & Zoning meeting, with instruction that they give us a definitive answer then rather than waiting until July 1, but I yield to the district Commissioner, if that's something he's willing to accept. And just -- if you have any suggestions on how we can avoid that from happening in the future, you know -- if -- whatever we have to do - - if maybe there's a four -fifth requirement or a unanimous requirement that the City Commission can, you know, prevent the lower board from like hijacking an item that is, you know, important to the community, you know, I'll be more than happy to hear your suggestions on that. Vice Chair Hardemon: I will say that we depend on the PZAB to provide us recommendations for their approval and disapproval on projects. We take those recommendations very seriously. We consider those when we make our determinations on whether or not we approve or disapprove an item that is being put before us, so it's important for me that I receive some type of information from PZAB. I was not at the PZAB meeting. I only know the reason that it was continued from the representation from Administration. I accept that as fact. I do not have a reason to believe that the Administration would mislead me. However, I also don't see anything yet that I've seen -- I haven't seen anything that gives the PZAB the opportunity to continue for that specific reason. Maybe they can continue for no reason at all. I'm not too sure. I mean, maybe they can continue because the evening went too long, the people were too tired -- Commissioner Suarez: Right. Vice Chair Hardemon: -- and that might not be outside of their rules of procedure; I do not know. So when I consider the fact that they were continued -- this item was continued to wait on some ruling from HEP Board, the question then still becomes when it comes before PZAB, why City of Miami Page 120 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 are they making their decisions? Are they making it based off the presentations put before them or off of whatever recommendations from the HEP Board? So I think we're putting the cart before the horse to assume that they're going to make the decisions based off what the HEP Board says more so than just they want to see what the HEP Board will do in those situations. I don't know, so I don't want to pretend as if I do know. It appears, though, that from the information that's been presented to us that they have depended on the HEP Board for some reason, and it's not clear to me. If you know of a reason better than I do, please share. You want to respond to that? No? Okay. Mr. Garcia: I'll say briefly, and I will emphasize it for the record, because it is certainly the case -- and I've said it before -- that the northern half -- or slightly more than half of the property is actually within a historic district. That is true. That is fact. It is also, of course, the case, because the northern half is within the historic district, that the improvements proposed for the northern half of the property will have to go to the HEP Board to receive or not receive a certificate of appropriateness. That is indisputable, and that will happen as a matter of course. And as a matter of fact, the proposal is scheduled to appear, it so happens, at the Historic & Environmental Preservation Board on June 2 precisely for this reason. I'll further share with you that this particular proposal has already appeared previously twice before the HEP Board. The first time it was withdrawn voluntarily by the applicant to obtain additional information and feedback from the residents in the area. My apologies; the first time it was actually as a discussion item to present the project broadly to the Historic & Environmental Preservation Board. And the second time it was voluntarily withdrawn by the applicant in order to obtain additional feedback and information from the nearby property owners and stakeholders. And so it will now appear for the third time as a scheduled item on the HEP Board's agenda on June 2. So, given that the next -- and again, not the two are related. I want to emphasize that they are not. But as it happens, the next available meeting for the Planning, Zoning & Appeals Board happens to be on June 3, the day after the HEP Board will have heard the item. And we're certainly happy, as we always do, to present to the Planning, Zoning & Appeals Board any relevant information, part of which may be what the HEP Board happened to decide on this certificate of appropriateness. That said, the HEP Board's action is not part and parcel of the analysis that we must conduct to recommend approval or denial of the land use change or the zoning change. Vice Chair Hardemon: So I have two questions. My first question is this: Can this board make a decision on this item without a recommendation from the PZAB? Mr. Garcia: I believe -- and I'll defer in a moment to the City Attorney, but there is language in the Zoning Ordinance that clearly states that the City Commission must act on a land use or zoning change only after they've received their recommendation from the Planning, Zoning & Appeals Board, and I will cite -- I'm sorry. To make the record complete, I will cite Section 7.1.2.8, Subsection G(5). Vice Chair Hardemon: Madam City Attorney. Victoria Mendez (City Attorney): Yes. It does say that upon receipt, and findings and recommendations regarding Code amendments by the Planning, Zoning & Appeals Board, the City Commission shall hold at least two advertised public hearings on the proposed Code amendments. With that said, the -- this Commission can obviously send a recommendation to Planning & Zoning Appeals Board and advise them that they wish for a recommendation to be given. If they choose not to give you a recommendation, then at that point this Commission can act, because obviously, it was not meant for a board to be able to, in essence, hijack an item. Florida Statute does not have any wording, like our Miami 21 Zoning Ordinance does, with respect to this, and maybe a Code amendment with regard to our more strict Miami 21 ordinance might be proper so that this does not occur in the future. City of Miami Page 121 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: Mr. Chair -- I mean, Commissioner. Chair Gort: Let me ask a question. My understanding is the Mayor's pocket item is to ask the Planning & Zoning Board to hear this on June 3. Am I correct? Ms. Mendez: Yes. Mr. Garcia: As set forth specifically, it is for the applicants to present the project to you for your information. We would welcome direction to schedule the item at any point in time as you see fit. We want to make two points for the record, and I don't mean to be redundant, but one is the disconnection between the two points, the HEP Board's action and the PZAB's action; and two, to impress upon you that there is a sensitive timeline to this project, and that the City, as a co -applicant, really seeks to move forward diligently, not in a rushed fashion, but certainly diligently to have the item considered. Vice Chair Hardemon: Is there any authority that we have as a City Commission or this -- sitting today as this board to direct PZAB to hear an item on a certain day? Commissioner Suarez: We just did it, I think, last meeting. Ms. Mendez: You can direct the Planning and Zoning & Appeals Board to hear an item on a certain day, if that is the will of this Commission. Commissioner Suarez: Mr. Chairman, I think we did it just in the last meeting on the 2950 South Bay Shore -- the one in Commissioner Sarnoffs district. We asked the PZAB to hear it on the next meeting and give us a recommendation to speed it up. Vice Chair Hardemon: Now, I don't know if that was after they made a decision to move it to a certain day. That's why I was asking for clarification. Commissioner Suarez: Oh. Vice Chair Hardemon: But Commissioner Carollo. Commissioner Carollo: No. I think it's pretty clear what we should do, and I think we should follow, you know, the Mayor's lead in, you know, asking -- suggesting that the PZAB hears it. When is our next meeting, Mr. City Clerk? Mr. Garcia: That would be June 3, sir. Commissioner Carollo: June 3. And when is the next PZAB meeting? Chair Gort: June 2. Mr. Garcia: June 3. Commissioner Carollo: No. Ours is -- Chair Gort: June 2. Ms. Mendez: HEP is on June 2; PZAB is on June 3. Commissioner Suarez: And we have one -- Ms. Mendez: The next City Commission meeting is June 11. City of Miami Page 122 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Carollo: So we should direct, request -- I don't know what's the proper word -- for PZAB to hear this item on June 2, I believe? June 3? Ms. Mendez: June 3. Commissioner Carollo: At June 3; and then that'll be in time for our next Commission meeting. Ms. Mendez: Correct. Commissioner Carollo: So I think -- Commissioner Suarez: And we'll hear from HEP, too, on June 2, right? Ms. Mendez: June 2 is HEP. Commissioner Carollo: So it -- if that's the case, I would like to move the -- Vice Chair Hardemon: Before we go there, the pocket item is not a Planning & Zoning item, is it? It is a item on the regular agenda plasma? Mr. Garcia: The pocket item is the Mayor's item to cover exactly the ground that you've just covered. As pertains to items PZ.1 and PZ.2, there is a pending matter of when to reschedule them to, because we believe they are not ready to be heard today. Vice Chair Hardemon: Right. So, as of right now, the pocket item -- we're in Planning & Zoning, so -- and I say this to say that I want to be respectable of all of our time, and so to hear a presentation -- part of his resolution was to hear a presentation from the applicant and then to continue the item to another day -- Commissioner Suarez: I don't want to do that. Vice Chair Hardemon: -- where, obviously, we would not necessarily hear the item on that day, but we may. It depends on how the Commission feels at that time. So what I would request from -- what I would like to entertain is a motion to continue these two items. Commissioner Suarez: So moved. Vice Chair Hardemon: And once these items are continued, then we can close out the Planning & Zoning time and then come back to our regularly scheduled Commission meeting; and then, at that point, order or request the PZAB to hear the item on a certain day. Is that fair? Commissioner Carollo: Yeah. Commissioner Suarez: Yeah, but can we do that through the --? Vice Chair Hardemon: I don't -- I think it's too -- because the pocket item -- Commissioner Carollo: Got it. Vice Chair Hardemon: -- is -- Commissioner Suarez: Okay, I see what you're saying. Vice Chair Hardemon: Right. I want to address both of them. City of Miami Page 123 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: How would you like for me to do it, Mr. Chair? Vice Chair Hardemon: I would like a motion to continue this item. Commissioner Suarez: So moved. Commissioner Sarnoff Second. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded to continue this item to the next PZAB or like hearing. Todd B. Hannon (City Clerk): PZ.1 and 2, correct? Vice Chair Hardemon: PZ.1 and 2, that is correct. Mr. Hannon: Yes, sir; continuing to June 11. Commissioner Suarez: Can we -- do we say now with direction, though, that the PZAB Board has to hear it on -- or does that have to be separate? Ms. Mendez: You could do it here as a condition, and then you can address the pocket item on the -- Commissioner Suarez: Well, I don't know. I want to hear what the Chairman has to say. Mr. Chairman -- Vice Chair Hardemon: Yes, sir. Commissioner Suarez: -- how do you want to proceed? How do you want to proceed? Vice Chair Hardemon: I'm sorry; I didn't hear what Madam City Attorney said. Ms. Mendez: That -- I know that you want to address the pocket item, as well. You can address these items, PZ.1 and 2, with a condition that it be heard on -- Commissioner Suarez: June 3. Ms. Mendez: -- June 3, and then you can address the pocket item and say the same thing. Commissioner Suarez: Right, understood. Ms. Mendez: It's just to dispose of your items on the agendas. Commissioner Suarez: We just got to vote. Vice Chair Hardemon: Just for clarity of the record, I'd like to address these two items first, and then when we're on the regular agenda, we'll address the -- Commissioner Suarez: Right, the pocket. Vice Chair Hardemon: -- the Mayor's pocket item. So -- and this item will also be heard for two readings; is that correct? It'll be heard on -- City of Miami Page 124 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Unidentified Speaker: That's correct. Vice Chair Hardemon: -- before this body, which -- Commissioner Suarez: Yes. Vice Chair Hardemon: -- for two readings; one on the 11 th. Is that the 11 th? Commissioner Suarez: (UNINTELLIGIBLE) like it's on the 24th. Mr. Hannon: Right now the motion on the floor is to continue items PZ.1 and 2 to June 11. Commissioner Suarez: And give direction -- Mr. Hannon: So let's focus on that first. Vice Chair Hardemon: Right. Mr. Hannon: And ifI can get a vote on that continuation? Commissioner Suarez: So -- yeah. Vice Chair Hardemon: It's been moved -- Commissioner Suarez: Yeah, yeah. Vice Chair Hardemon: -- and properly seconded. Is there any further discussion about it? Hearing none, all in favor, say fiye. " The Commission (Collectively): Aye. Mr. Hannon: Now, if the -- Vice Chair Hardemon: Motion passes. Mr. Hannon: -- Commission as a body wants to make a motion directing the City Manager to place these two particular items on the next -- what was it, HEP agenda? Commissioner Suarez: No, the next Planning & Zoning agenda, June 3. Mr. Hannon: Planning & Zoning, I'm sorry. Commissioner Suarez: So moved. Commissioner Carollo: Second. Mr. Garcia: And just for clarity's sake -- Vice Chair Hardemon: Well -- Mr. Garcia: I'm sorry. Vice Chair Hardemon: -- I want to say this first. We could -- we're finished with our Planning & Zoning items, so I'd like to close the Planning & Zoning meeting at this time and -- City of Miami Page 125 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Okay. Vice Chair Hardemon: -- come back into meeting. I'll pass the gavel on to the Chairman as we move back into our regular Commission meeting. Commissioner Sarnoff Time for the REs (resolutions). Chair Gort: Okay, thank you. Planning & Zoning has been closed. At this time, we go into regular agenda. Do you need any time? Mr. Hannon: We're -- Commissioner Suarez: Flip over. Mr. Hannon: -- all on the same agenda right now, so the most important thing, I think, is to ensure that there's a motion and a second directing the City Manager to have items PZ and 1 [sic] heard at the next available PZAB meeting. And so, ifI can get a vote on that? Commissioner Suarez: Okay, okay. Chair Gort: It's been moved by Vice Chairman Hardemon. Commissioner Suarez: It's fine. Chair Gort: Is there a second? Commissioner Suarez: We're good. Vice Chair Hardemon: I'll just -- Commissioner Suarez: Yes. Ms. Mendez: PZ.1 and 2. Chair Gort: Second by Commissioner Suarez. Commissioner Suarez: Yes. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Garcia: Thank you. Ms. Mendez: And that direction addressed the Mayor's pocket item. Mr. Hannon: The Mayor's pocket item, quite frankly, isn't on the agenda, so you can place that on the June 11, and it's not a consideration -- Commissioner Suarez: I think the Mayor just wanted -- Mr. Hannon: -- that the Commission has to take -- Commissioner Suarez: -- this discussed. City of Miami Page 126 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Hannon: -- at this time. Commissioner Suarez: That's all, and I think that's addressed. Commissioner Sarnoff. (UNINTELLIGIBLE). I think we -- Commissioner Suarez: So we're going to get -- Commissioner Sarnoff. -- (UNINTELLIGIBLE) procedurally. Commissioner Suarez: -- a recommendation from Planning & Zoning and the HEP Board June 2, June 3, before we make our decision on first reading on June 11, just to clarify for the public's sake who came all the way out. Commissioner Carollo: I think his intent was met. PZ.2 ORDINANCE First Reading 15-00406zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-O "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIAL AREA PLAN TO T5-O "URBAN CENTER TRANSECT ZONE OPEN"; AND T3-L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN TRANSECT ZONE OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00406zc FR Fact Sheet.pdf 15-00406zc Analysis, Maps & PZAB Reso.pdf 15-00406zc Application & Supporting Documentation.pdf LOCATION: Approximately 53 and 61 North East 41 st Street and 50, 58, and 68 North East 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the proposed changes to zoning. Staff is recommending the entire subject site be rezoned to CI "Civic Institutional". See companion File ID 15-004061u. PLANNING, ZONING AND APPEALS BOARD: On May 6, 2015, voted to defer the matter to the July 1, 2015 meeting, by a vote of 5-2. On June 3, 2015, recommended denial by a vote of 10-1. PURPOSE: This will allow a zoning change for the properties located at 53 and 61 North East 41 st Street from T4-O with Miami Design District Special Area City of Miami Page 127 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 PZ.3 15-00371 ha Plan to T5-O; and a zoning change for the properties located at 50, 58, and 68 North East 42nd Street from T3-L to T4-O. Motion by Commissioner Suarez, seconded by Commissioner Carollo, 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.2 was continued to the June 11, 2015, Regular City Commission Meeting. A motion was made by Vice Chair Hardemon and seconded by Commissioner Suarez and was passed unanimously, directing the City Manager to remand item PZ.2 back to the Planning, Zoning and Appeals Board (PZAB) meeting scheduled for June 3, 2015. Note for the Record: Please see Item PZ.1 for minutes referencing Item PZ.2. RESOLUTION 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 SITE IMPROVEMENTS AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA. 15-00371 ha Fact Sheet.pdf 15-00371ha Staff Analysis and HEPB Reso.pdf 15-00371 ha Application & Supporting Docs.pdf 15-00371ha Legislation (v3).pdf 15-00371ha Legislation (v4).pdf 15-00371ha Exhibit.pdf 15-00371 ha -Submittal -Alice 15-00371 ha -Submittal -Amy 15-00371 ha -Submittal -Amy 15-00371 ha -Submittal -Amy 15-00371 ha -Submittal -Amy 15-00371 ha -Submittal -Amy 15-00371 ha -Submittal -Amy Bravo City Manager's Office -Marine Stadium Huber-DEP Application.pdf Huber-DERM Application.pdf Huber -Email Regarding Basin Boundary.pdf Huber -License Agreement.pdf Huber -Marine Stadium Update Memo.pdf Huber -Virginia Key Master Plan 2010.pdf Park Development Propi 15-00371 ha-Submittal-CIP Director Jeovanny Rodriguez -Marine Stadium Flex Park Development 15-00371 ha -Submittal -Michelle Metcalf -Letters of Concern.pdf 15-00371 ha -Submittal -Olga Zamora -Code Section for Certificates of Appropriateness.pdf LOCATION: Approximately 3501 Rickenbacker Causeway [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager on behalf of the City of Miami APPELLANT(S): John K. Shubin, Esq. on behalf of the Village of Key Biscayne City of Miami Page 128 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 FINDING(S): PRESERVATION OFFICE: Recommended approval with conditions*. *See supporting documentation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the Special Certificate of Appropriateness, with conditions, on April 10, 2015, by a 7-0 vote. PURPOSE: This will allow for site improvements at 3501 Rickenbacker Causeway. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-1 5-0220 Victoria Mendez (City Attorney): Are we starting with PZ.3? Vice Chair Hardemon: We're starting with PZ.3. Ms. Mendez: Then, if I may, just briefly; because this one is going to be a hearing, I just need to read something into the record. This is an appeal from the Historic & Environmental Preservation's [sic] Board approval of the special certificate of appropriateness for site improvements at Marine Stadium, and the City is a property owner and the applicant. Therefore, the procedure will be as follows: Francisco Garcia, the director of Planning & Zoning, will provide a brief introduction on behalf of staff,- Mr. Shubin, counsel for the Village of Key Biscayne, will present on their behalf; Ms. Bravo will present the project as the applicant. We will open the public hearing for any public comment. And after the close of the public hearing, Mr. Shubin, for Key Biscayne, will have the opportunity for rebuttal and closing arguments; the City will also give closing arguments to address any legal issues, as necessary; then the item will be turned over to the City Commission for deliberation. Thank you. Vice Chair Hardemon: Mr. Francisco, you're recognized. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Should I be waiting for a quorum? I see only two Commissioners present. Commissioner Sarnoff I'm here. Mr. Garcia: Oh, my apologies. Very well; then I will commence. Item PZ.3, as stated, is an appeal before you today as a de novo hearing. The appeal is of a certificate of appropriateness, issued by the Historic & Environmental Preservation Board on their meeting of April 10. The certificate of appropriateness was approved, with conditions, which conditions I would like to read into the record briefly, verbatim, if you don't mind, as I expect they will be made reference to. The conditions were as followed: The proposal, of course, was approved, subject to plans presented by City as an application, and I should also mention -- I should have by now -- that the subject property is a property at 3501 Rickenbacker Causeway, which is also known as the property where the Miami Marine Stadium sits. And as I was saying, the Historic & Environmental Preservation Board approved through HEP (Historical and Environmental Preservation) Board Resolution HEPB-R-15-028 of April 10, 2015; approval with the following conditions: 1, the improvements being made to the designated area of the site shall restore the historic conditions of the trees, landscaping, traffic circle, and any other designed elements as documented in archival materials with the following conditions: (a), the proposal to change the grade of the traffic circle is approved; (b), the removal of the pump house is approved, but the City of Miami Page 129 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 ticket booth shall remain. Condition number 2, any work that touches the Marine Stadium structure would require review of a separate application; 3, prior to the City taking any steps towards the demolition of the Marine Stadium, including taking the structure before the Unsafe Structures Board, demolition will require a special certificate of appropriateness from the HEP Board, from the Historic & Environmental Preservation Board. The City, as applicant, has accepted all the conditions set forth by the Historic & Environmental Preservation Board. We are not contesting any of them. We have -- we are happy to amend the plans as needed to incorporate those conditions. And we basically stand before you today to answer any questions you have, and also as the reviewing agency, the Planning Department and the Preservation Officer -- Office of the Planning & Zoning Department, we recommend that you affirm the decision of the Historic & Environmental Preservation Board and you deny the appeal presented to you today. We're happy to stand by and answer any questions you may have. Thank you. Craig Leen: IfI can just have -- Ms. Mendez: Chairman, I also wanted to point out that based on the resolution that we passed today, Mr. Craig Leen will be standing in as the City Attorney for staff, since I am here present to be your board attorney, just in case anything needs to be done with regard to any legal issues for staff and the Administration. At this point, we have intergovernmental relations in order to be able to judiciously, and effectively, and without cost to the cities, be able to assist each other when needed, and he has graciously agreed to assist us today. Thank you. Mr. Leen: Yes. Vice Chair Hardemon: Counselor, you may -- Mr. Leen: Mr. Chair, Commissioners, it's a pleasure to be here today. I've done this once before. I'm here in my individual capacity on a pro bono basis, as a public service. This is something that's -- Vice Chair Hardemon: Can you put your name -- Mr. Leen: -- been agreed to. I'm sorry. Vice Chair Hardemon: -- for the record on --7 Mr. Leen: Craig Leen, City Attorney for the City of Coral Gables; forgive me. This is a relationship that the City of Coral Gables and the City of Miami Attorneys' Offices have where we serve as conflict counsel for each other. Anything I say doesn't represent the position of the City of Coral Gables today. I'm here on behalf of City staff for the City of Miami, but it is part of the relationship we've had between our cities, which is a good one, and so it's a pleasure to be here today. I will be getting up principally to object if I believe that the scope of discussion or testimony goes outside the core focus of today's proceeding, which is the special certificate of appropriateness. I also will be here to make any legal arguments that require an advocate on behalf of City staff and -- but your City Attorney, of course, will be advising you as to any matters that you, as a board, need the advice of counsel of. I'm here on behalf of City staff. Thank you. Chair Gort: Thank you. Vice Chair Hardemon: Thank you very much. Mr. Garcia: IfI may very briefly -- and I'm sorry; I should have done this previously. But I wanted to introduce a couple of quick concepts that I think will serve to facilitate the dialogue that will take place from here on out, and I wanted to clam that although -- as I have said City of Miami Page 130 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 before, the subject of this application is actually the site where the Marine Stadium sits, and I read the address into the record. It is only a portion of that site that is actually designated and protected by a historic preservation designation, and what I would like to read also into the record -- because I think this will be relevant and probably made referenced to throughout the hearing today -- I would like to read into the record what that actually designated area constitutes, because it's not the entire site; it is only a portion of the site, and so I'll read it briefly. I am reading now from HEP Board Resolution Number HEPB-2008 -- 2008 -- dash 56, and this was passed on October 7, 2008, unanimously, by the HEP Board. It says as follows: The designation shall include the footprint of the stadium itself -- this is the Miami Marine Stadium -- the entire aquatic basin area, measuring some 6,000 feet-by-1,400 feet, stretching from Biscayne Bay to the Marine Stadium; and an area that includes the land 100 feet to the north, south, and east of the stadium's footprint, as that area includes the location of the original fountain and ticket booths; and that the boundaries established by the 100-foot buffer on the east/west of the stadium be extended forward to the Rickenbacker Causeway, thus creating a rectangle from the stadium to the roadway; and 2, that should there be a challenge to any of the boundaries proposed for the designation that it would not affect the Historic & Environmental Preservation Board's designation of the Miami Marine Stadium's footprint. That's the sum and substance of the resolution passed by the HEP Board, which designated as a protected item, as a historic item, the Miami Marine Stadium. I will add that the project that you will be presented with today encompasses land outside of the designated area, and that it is only the designated area that we believe is properly before review of the certificate of appropriateness, and only the scope of work that is proposed for that area is really the subject of today's conversation. Thank you. Chair Gort: Thanks. Mr. Leen: Mr. Chair? Mr. Chair, may I say one other thing? I should have said this, because I know the Village of Key Biscayne is here. I just want to make it clear to the Village of Key Biscayne and to everyone here that this is a long-standing relationship between our offices. The City of Miami's Attorney's Office has been a help to my office and I've been a help to theirs for a while. We've done this before. We'll probably do this again in the future. It has nothing to do with this specific application. It's a long-standing relationship. Chair Gort: Thank you. Vice Chair Hardemon: Mr. Shubin, the attorney for the appellant. I don't think you're Mr. Shubin. Amy Huber: I am not Mr. Shubin. I am Amy Huber, with the law firm of Shubin & Bass. I'm joined by Mr. Shubin and Ann de Melo (phonetic). I'm also joined by Mayor Mayra Lindsey, and the Village Manager, John Gilbert, as well as many other residents and concerned citizens related to this matter. I know time is very precious to all of you. It's been a long trying day for many of you, so I'm not going to belabor and go through point by point. We'll stand by the items and the issues raised in our appeal, and we'll incorporate that position into our presentation this evening. Specifically, we believe that the certificate of appropriateness should be reversed based on the following points: The HEP Board's staff and the City Attorney improperly restricted the scope of the public comments and limited the board's review of the application; 2, the proposed tents and traffic circle alterations adversely affect the historic use and environment of the Marine Stadium; 3, the HEP Board improperly scheduled a hearing on an incomplete application; 4, the HEP Board did not have sufficient facts or supporting documents regarding the proposed alterations and subsequent use to make a decision on the impact of the proposed alterations; and 5, the application was improperly and inappropriately fast -tracked; and finally, the HEP decision allows the City to alter the historic site for uses that violate the deed's restrictions related to the Marine Stadium property and are not consistent with the master plan for Virginia Key. City of Miami Page 131 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Sarnoff Could you restate number 4? Ms. Huber: Yes. The HEP Board did not have sufficient facts or supporting documents regarding the proposed alterations and the subsequent use to make a decision on the impact of the proposed alterations. I want to begin by talking about the application that was presented to the board. Specifically, there are applications pending before multiple government bodies, including DERM (Department of Environmental Resources Management), DEP (Department of Environmental Preservation), Fish & Wildlife Service for alteration and modification to the basin. As you heard, Mr. Garcia advise you, one of the historic designations included in this is not just the stadium, but the basin; and therefore, excluding the basin and the improvements that are being proposed in the basin is an incomplete application before the HEP Board. The board should have been able to consider all of the modifications that were being made to the site in order to fully evaluate the impact on that historical designation. More importantly, the application did not ident or include the documents related to the intended use and the intensity of that use that can be detrimental to the historical integrity of the site. Specifically, several of the board members repeatedly asked what the use was going to be, how often was it going to be used, how many times were -- tents were going to be put up, when they were going to be put up, and all of those questions were not answered; and therefore, we believe that the use of the basin, the use of the tents, the alterations to the site would have dramatically changed the outcome if the board had all of that information before it. One of the items on your agenda today that you haven't yet gotten to is going to deal with the operation and the management of that site. The board asked to defer the item. Several board members said they believed that that was relevant information and information that should have been before them before they considered this application. We agree with them, and we believe that this application should not have moved forward without that information being provided to the HEP Board. Because of all of that, this application is premature. Without an executed lease as of today, there still has not been a signed lease for the Boat Show and for that proposed use between NMMA (National Marine Manufacturers Association) and the City of Miami, the scope of the project has not been clearly identified, as well as the scope and the use of the basin and the park. In addition, NMMA was identified by staff as being the applicant, essentially. However, they didn't sign the application; they didn't appear before the board, nor did they explain or identify the use or the intended use, or even how the mechanisms related to the proposed improvements and the tents were going to be utilized, how often they were going to be up, and how long they were going to remain. In addition, in 2008, when this property was designated to include the basin, as well as the stadium, the City began a process with the State and the National Register to have this Marine Stadium and the basin placed in the National Register. Sadly, this item and that nomination has been deferred several times by the City of Miami. Currently, that application and that nomination is still pending. Unfortunately, if that nomination were to be in place and that you were to be designated on the National Register, this property would be treated completely different, and the evaluation and the criteria before the HEP Board would have been different. That being said, the standards in place for review and consideration before the HEP Board are the U.S. Secretary's criteria and evaluation for historical rehabilitation and preservation, and one of the key elements of consideration within those guidelines is the use and the change in the historical use of a property. We believe and we continue to maintain that the proposed use of the Boat Show is a dramatic change and use and will be detrimental to the integrity of the historic site, as well as the basin, which is included in the designation report. The application did not ident the proposed and intended license. It did not ident5 the over 1,000 pilings that are going to be driven into the basin. It did not ident fy the hundred -plus days which go far beyond any six -day temporary use of this basin. Therefore, the failure to include all of that information makes an incomplete application that never should have been submitted to the board, let alone proceeded and moved forward for a vote. Finally, the City went through a very lengthy master planning process for Virginia Key. If you recall, it was part of an intergovernmental collaboration in 2007 and 2008. At that time, the City deferred it; felt like it needed more community outreach, needed more input from the residents. And the end results of that was this 2010 master plan, and I just City of Miami Page 132 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 want to read what the community and what was ultimately adopted. What does the community not want the island to be? 1, hotels, condos, and shopping centers; 2, overbuilding; 3, encroachment into natural areas; 4, an insensitive stewardship of cultural and historic sites. We believe the application before you violates three of those four that were specifically discussed, and the community outcried [sic) and said, This is not what we want in this area." Commissioner Sarnoff What was number 3? Ms. Huber: Three was the insensitive stewardship of the cultural and historic sites. Commissioner Sarnoff That's what I had as number 4. Ms. Huber: Encroachment into natural areas. Commissioner Sarnoff Thank you. Commissioner Suarez: Which are the three (UNINTELLIGIBLE)? Vice Chair Hardemon: Did you enter that -- would you enter that into the record, this document that you're reading from? Ms. Huber: Yes, I'll submit it into the record. Vice Chair Hardemon: Okay. And what's the title of the document again? Ms. Huber: This is the Virginia Key Master Plan that was adopted by the City of Miami City Commission. Vice Chair Hardemon: Thank you. Ms. Huber: So, in closing, we ask you to reverse the certificate of appropriateness and remand this application back to the HEP Board, once all of the information has been properly submitted and is properly presented to the board. Thank you. Vice Chair Hardemon: Thank you very much. Madam City Attorney, I know you identified an order. Did you have a rebuttal just thereafter? Ms. Mendez: Right now I believe that we are going to have the staff report, and any information that Mr. Leen may want to add, but it's not -- this is appropriate at this time for staff and Mr. Leen to give their presentation. Mr. Leen: Yes. Vice Chair Hardemon: Please. Mr. Leen: Mr. Chairman, the City staff is going to present the entire presentation, because it's a de novo hearing. But I did want to put an objection on the record. I didn't want to interrupt what was presented, because you should be able to hear from them. But I do want to object and move to strike any discussion that does not relate to the historic nature of this site, and I just want to read into the record what the standard is. It's that for applications relating to alterations or new construction. As required in Subsection A,'the proposed work shall not adversely affect the historical -- historic, architectural, or aesthetic character of the subject structure or the relationship in congruity between the subject structure and its neighboring structures and surroundings, and it goes on talking about those specific issues. And it's City staffs view today that the focus has to be on how does this application -- the actual construction, what's going to City of Miami Page 133 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 be placed there, the flex park, how does that affect the historic nature and aesthetic nature of the property? Anything else about what may occur in the future is not relevant to the proceedings today. Chair Gort: Thank you. Commissioner Sarnoff Can you get a copy of that to each one of us, the standard? Mr. Leen: Yes. Commissioner Sarnoff Thanks. Vice Chair Hardemon: And I'll sustain it. Mr. Leen: And with that, the City is going to make its presentation. Alice Bravo (Chief of Infrastructure): Good afternoon, Mr. Chair and Commission. Alice Bravo, Deputy City Manager. I am glad to be here today to present our application to the City Commission for consideration. What we're talking about today is the Marine Stadium Park proposed site improvements. Just as a general overview of the area, we're looking on the screen at a layout of Virginia Key, and as you could see, the Marine Stadium is exactly in the middle, bounded by marina and the Rusty Pelican to the west, and the Miami Rowing Club and MAST (Maritime and Science Technology) Academy to the east. What we're talking about today is actually the portions of the Marine Stadium Park in front of the stadium, and the historic boundary and the parking lot to the west. I wanted to point out that the Marine Stadium flex park was conceived in the Virginia Key Master Plan that was adopted by the Miami City Commission on July 22, 2010. So the screen before you shows you an actual sheet from the approved master plan, and it calls for a public green space with flexibility required for daily activities and special events. On the next sheet, we also have another sheet from the approved master plan, and this gives you further detail of the flex area called for in the master plan; and as you can see, it shows vehicles parking on a green area with a material consistent with what we're proposing in our plans, which is a turf block system, which is basically a concrete grid lattice through which grass can grow. We're very excited about these improvements of the flex park in Marine Stadium, since this is the catalyst that has gotten us to re -spark the conversation about restoration of the stadium. So this is actually, in our eyes, the first step towards restoration of the stadium. Before you -- well, we have the HEP 2008 resolution designating the stadium as historic structure, and also designating the historic boundary that was earlier described by Mr. Garcia. As you can see, the designation included the basin area, but it also included the 100 feet on either side of the stadium extended towards the roadway. So what I'm going to describe are the improvements being built between the two dash black lines shown on the screen, and that's the limit of the area included in the historic boundary upland. So this is a view of the existing condition of the stadium. As you could see, there's a lot of vegetation in front of the stadium, and it's actually -- almost completely obscured from the roadway and from either side. On this slide, we have some comparisons of photos from when the stadium was originally opened to the public versus its condition today, so the top two pictures, you can see the stadium in its original configuration with no vegetation blocking it, and on the right you see the current condition. And that's one of our proposals, to remove the vegetation so that we could restore the clear view of the stadium. So here you could see the proposed flex park improvements. Over on the east side you could see that the -- two/thirds of the area is going to consist of asphalt pavement covered by artificial turf, and the one/third closest to the roadway is going to have the turf block that was called for in the master plan, so this area could be used for parking while the fields are being used with the artificial turf area. The artificial turf and the turf block will not extend into the historic boundary. This will be asphalt as it is today. Over on the west side, we're restoring the parking lot area, and basically, enhancing what's there today. And again, we're going to focus on what's actually being constructed within the historic boundary, which is City of Miami Page 134 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 what's in the application before you today. So the improvements that will be built within those -- the boundaries is -- we're constructing water mains, water lines, sanitary sewer lines underground -- pretty much, all these improvements are underground -- a drainage system for the parking lots with French drain; again, underground. We're implementing electrical lines underground, not visible, and additional lines for telecommunication so that we can have some Wi-Fi service at the park. And again, all these elements described here will be underground and not visible. So to discuss a little further the elements that are visible, originally, we were proposing the removal of the ticket booth. However, when we presented to the HEP Board on April 10, 2015, as you heard Mr. Garcia state, they requested that the ticket booth remain. So we have stricken that from our presentation and from our requests. However, we are asking that -- there's an abandoned water fountain pump housing in the form of a large concrete box that protrudes from the ground; we're proposing to remove that and make it flush. Right now that's a hazard. It's an impediment for use of the site, or as a walking hazard, and it's missing lids, and someone could actually stand on it and fall through into a large cavern. So we're proposing to remove that. I'll have a picture of what that looks like. As I mentioned earlier, we're proposing to remove the trees, the vegetation, which are exotic, nonlocal species. We're going to remove those so that we can, once again, see the stadium from the roadway. We're going to keep the circular geometry in front of the stadium, but we're going to drop the curb so that it's flush. So there'll still be a concrete ring, just without the tripping hazard that we have today. And we're generally milling and resurfacing the asphalt in front of the stadium so that it improves its appearance. In front of the stadium there's some grass areas I'll show on the diagram. Right now they're in areas where vehicles often drive over them. We want to replace that with turf block so it's still green, yet more sturdy, as we have more vehicles coming into the area. So as I was describing, you could see this is the circular area, and these two circles used to be fountains. They were filled in and there's now grass. So there's the concrete ring on the outside; and these material concrete rings, those are the ones that we're going to drop and make flush so that it's a clear walking area from one side to the other. The areas here in green are the ones that I mentioned that we're going to replace with turf block and have the grass grow through it. So it'll still be green, as shown here, but with a curb drop, and that way, less prone to damage by vehicles. As I mentioned, the ticket booth, at the HEP Board's recommendation, we're going to leave that on site. The photo to the right shows the pump housing for the former fountain that I mentioned. So you could see it's a raised platform here, so it's an impediment for walking clearly in the area. Where the arrow's pointing right now, there used to be manhole lids that are missing, so now someone standing there can actually fall in; we're proposing to remove this. So as the area is clear and flush, you can see some of the broken curb in front of it; that would be replaced with a flush curb. And basically, once the stadium is restored, if there were to be the introduction of a fountain feature -- whatever is here is functionally obsolete and we'd probably replace with something underground and befitting the site. So, once again, this is a picture of the existing condition showing the vegetation to be removed, and after we're done, we're probably going to have this type of appearance, closely resembling how the stadium was originally viewed when it opened to the public. So with that, I'm available to answer any questions. Vice Chair Hardemon: Board members. Ms. Bravo: I forgot to mention one other item. We are placing some concrete footers that will be flush and underground and, again, also not visible. So this will just consist of a long concrete strip flush with the asphalt and -- but not protruding from the ground. Vice Chair Hardemon: And I can handle this for the board members in the way that you think is best. We can take some public comment after the appellant speaks or we can -- Ms. Mendez: You can open it up to public comment now at this time, and then it'll come back to the appellant and the appellee for closing, and then it'll be turned over to you. Vice Chair Hardemon: The appellate -- so the appellant hasn't had an opportunity to -- City of Miami Page 135 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Mendez: We'll have -- Vice Chair Hardemon: -- give us his point. Ms. Mendez: Right. But I assume they'd want to rebut anything after public hearing. Vice Chair Hardemon: No. I'd rather have the appellant speak now -- Ms. Mendez: Okay. Vice Chair Hardemon: -- and then we'll have public comments, and then we can bring it back for the board to discuss whatever we need to with each -- the applicant or the appellant. Ms. Mendez: Okay. Vice Chair Hardemon: Is that fair, board members? Make sense? All right. Commissioner Sarnoff Here, here. Vice Chair Hardemon: Yes. Commissioner Carollo: I'm okay with it. Ms. Huber: We would respectfully request to have rebuttal after public comments so that we can address anything that's raised by the public. Vice Chair Hardemon: I don't believe your issue is between the public; it's between what the board has to say regarding your issues. So, for instance, the public may make some comments; we will consider those comments. If we have any further questions from the public that we need you to address, then we can have you address them. But I think it might be more appropriate to hear what you have to say, because you're appealing the matter. Ms. Huber: If that's your preference, that's how we'll proceed. Vice Chair Hardemon: Thank you. Ms. Huber: I just want to make sure, as somewhat of a housekeeping issue, that the Planning & Zoning file is part of the record of this proceeding, as it should be, as well as the DEP application, the DERM application, emails related to the Miami Marine Stadium, and the two discussion items related to Marine Stadium that are on your agenda for today. Mr. Leen: Mr. Vice Chair, there's no objection. Vice Chair Hardemon: It'll be recognized. Ms. Huber: As well as the Virginia Key Master Plan, which we discussed earlier. Mr. Leen: No objection. Ms. Huber: So we heard the comments from your staff, and we agree that there are elements of the flex park that are part of your master plan, but the master plan did not contemplate for that flex park to actually have concrete with hundreds of metal brackets placed underneath that surface for the purpose of using -- utilizing tents. Those brackets are not brackets that are being proposed or constructed by the City of Miami for the flex park. Those are brackets that are being City of Miami Page 136 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 proposed and developed by the National Marine Association, and that was disclosed during the course of that application in that hearing. So that -- so it's somewhat disingenuous to say, "Well, this is the flex park we all talked about and we all agreed upon." That's not ever what was -- anyone ever contemplated was having kids play on top of concrete with metal brackets for tents underneath the turf Not sure that I've seen that in many parks where I've either worked or played with my kids. Vice Chair Hardemon: I would suggest that you stay with your argument, and in -- and I'm sure, Commissioner Sarnoff, you have something to say, and I'll recognize you. But in making your argument, please stick to what the facts are and refrain from any sarcasm; it doesn't support your argument, whatsoever, but the facts, I guarantee you, will, okay? Ms. Huber: Okay. So -- Vice Chair Hardemon: Thanks so much. Ms. Huber: The facts are -- Vice Chair Hardemon: Well, I heard the facts. Commissioner Sarnoff. Commissioner Sarnoff Your argument you were making with this metal bracketing, is that a safety argument you're making or is that --? What are you suggesting? Ms. Huber: No. Those are permanent structures -- Commissioner Sarnoff Right. Ms. Huber: -- that are being placed within the historical site that is part of the designation that will alter and dramatically change the integrity of this site, because of the new use that's being proposed there. Commissioner Sarnoff But correct me if I'm wrong, those brackets, which I -- you know, the first I'm hearing of them is now -- are going to be under the turf right? Ms. Huber: When they're not being utilized. Commissioner Sarnoff Right. So when the park is a park, you're not making a safety argument. Ms. Huber: That's not before you at this time before -- Commissioner Sarnoff I'm asking you. Ms. Huber: Yes, we do believe that there is a safety issue related to that. Commissioner Sarnoff And do you have any evidence to that? Ms. Huber: Not at this moment before this board. Commissioner Sarnoff Okay. Ms. Huber: But I'm sure we'll get to that. So with respect to the item before you and what you are to consider, you're to consider any changes or alterations to the historical designated site. That's the marine basin, 100 feet surrounding, to Rickenbacker Causeway, and the marine basin. There are currently applications pending -- I have them here. We are submitting them into the record. They're part of your staff file regardless -- that will make permanent changes to the City of Miami Page 137 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 marine basin. Those applications were not before the HPB [sic] Board. We believe that that is improper, and that this application should not have proceeded without full consideration of all of the changes being made. Commissioner Sarnoff Mr. Chair. Vice Chair Hardemon: You're recognized. Commissioner Sarnoff What are the permanent changes that you're talking about to the basin? Ms. Huber: To the basin. Commissioner Sarnoff So let's just talk water side; what are the permanent changes that you're talking about? Ms. Huber: All of the anchors being placed in for the mooring fields, the pilings that will be placed There is an application before to remove those; however, removing those also creates a change and a damage to that basin. Commissioner Sarnoff What -- okay. So -- I'm going to look at you now. Are there permanent changes to the basin? Ms. Bravo: No. Commissioner Sarnoff I mean, obviously, it's a question of fact, but tell me why it's not permanent. Ms. Bravo: The only permanent improvements are the ones being proposed by the City that I described earlier. Commissioner Sarnoff Stay in the basin, stay on the water side. Ms. Bravo: Okay. Commissioner Sarnoff Are there permanent changes -- are those moorings going to be permanent? Ms. Bravo: Not that I'm aware of. Commissioner Sarnoff And you're saying they're going to be permanent? Ms. Huber: We're saying that they're not 5 days, they're not 10 days, they're not 2 weeks; they're approximately 6 months out of the year. That's more permanent than temporary. Commissioner Sarnoff Are they going to be there six months of the year? Ms. Bravo: No. Commissioner Sarnoff What evidence do you have that they'll be there six months of the year? Ms. Huber: The applications that are currently pending, and the discussions that we've been having with the environmental agencies, the amount of time that it will take for that construction to be implemented, put in place, stay in place, and then ultimately removed. Commissioner Sarnoff Can you show me a written document submitted either by the City or the City of Miami Page 138 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 NMMA that suggests that these moorings, pilings will remain six months, as you just stated? Ms. Huber: I know in your most recent amendment, there's a hundred days. One second. Let me find -- Mr. Leen: Once she responds, the City staff has a response, as well. Ms. Huber: If he wants to respond while I'm looking, that's fine. Vice Chair Hardemon: You're recognized. Mr. Garcia: Thank you, sir. I would simply like to mention factually for the record that notwithstanding any documentation they may present to you at present, none of what is presently being discussed was before the HEP Board for review, nor for approval. And at such time as such improvements may or may not be proposed, if it falls under the scope of the HEP Board, they will then be presented with the information, and they will then have an opportunity to review it; not so as part of this file, just for your information. Thank you. Commissioner Sarnoff Correct me if I'm wrong, Mr. Chair. Isn't this a de novo hearing? Mr. Garcia: It is, sir. I simply wanted to make you aware of the fact that at present, these improvements that are being alluded to are not a part of the record. Mr. Leen: And just -- Vice Chair Hardemon: And there hasn't been -- Mr. Leen: Mr. Vice Chairman. Vice Chair Hardemon: -- any improvements that have been put into the record that it amount to six months just yet anyway, so. Mr. Leen: Well, Mr. Vice Chairman, we'd also say that even though it's a de novo hearing, there -- you have grounds for appeal; it is an appeal, and we believe that the arguments against it should be limited to the appellate grounds that are raised. Then, ultimately, you'll make a determination on substantial competent evidence, whether -- based on this application, has there been a showing that this would not adversely affect the historical aesthetic integrity of this application, whether that would affect that in a negative way. And we believe that there's the competent substantial evidence -- staff believes that it supports the application, and that's really what you're looking at in the end. Vice Chair Hardemon: You're recognized, Commissioner. Mr. Leen: Although, it is -- I do -- it is de novo, so you could -- I mean, I want to be clear. Our position is that you could disagree with staff, but we believe that staff has made that showing -- the evidence to support that it does not adversely affect the historical integrity or aesthetic integrity. Commissioner Sarnoff And all I'm suggesting, Mr. Leen, is -- I believe an argument was made, the intended use and the intensity of the use was part of -- what she stated -- don't know if it's true -- but the reason for the inappropriateness of the certificate of appropriateness, if I said that correctly. So to me, under intensity of use is duration of use. And if, in fact, she -- Ms. Huber said that it's six months and the City has, in fact, made that representation to agencies, you know, that's something I think that this board should at least be able to look at. City of Miami Page 139 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Garcia: And I will put forth -- with your permission, through the Chair. I will put forth simply that all of the improvements that were presented under the scope of the project reviewed by the Historic & Environmental Preservation Board are indeed intended to be permanent, right? And all of those improvements presented to the HEP Board, we are going to argue positively -- in fact, have argued positively, and the HEP Board supported our position by approving the certificate of appropriateness, will not only not impact adversely the conditions of an historic property, but in fact improve the conditions of the historic property by enhancing the view of the stadium and removing any extraneous objects which have appeared over a time to impede the site of the City. Commissioner Sarnoff Okay. Vice Chair Hardemon: Have you found it? Ms. Huber: I have the agreement that has 101 days. We're trying to find the document that was either with DEP or DERM that extended that time frame out for the construction and the implementation. Commissioner Sarnoff Let me help you. Did you submit on behalf of the City of Miami any documents to any regulatory agency that represented that temporary structures would be in the water side of the basin for six months? Ms. Bravo: No. Commissioner Sarnoff Okay. Ms. Huber: They're not -- so just to be clear, none of the applications that have been submitted to those governmental agencies have been submitted by the City of Miami, and so that is -- so part of the fundamental of this agreement that I think we're having with staff, respectfully, is that Commissioner Sarnoff I got you. Let me ask a question: Are you aware of any NMMA submission to any regulatory agency that suggests any temporary structures should remain in the basin for six months? Ms. Bravo: No. Commissioner Sarnoff That covers it. Ms. Huber: As I was saying, I think the fundamental disagreement that we're having is that we believe that those applications should be before and should have been before the HEP Board. And so, if the Commission wants to stipulate that in the event that those approvals are made by those governmental agencies for those structures to be built within the basin that that will come back to the HEP Board, then I think that -- then I believe that that somewhat adequately addresses one of our primary concerns with this application; is that that is a change and that is a structure that's being constructed in the basin, which is part of the historical designation and should be considered by the HEP Board. Commissioner Sarnoff Well, Ms. Huber, you made a representation to this Commission that there was a document out there that the City of Miami submitted for six months of temporary -- it's what I heard; that the Commissioners could say, they -- she didn't say that; that's what I heard -- for six months through some regulatory agency. I then asked you to produce it. I asked the City if they did it. They said, "No." We broadened the question to the NMMA in the event that they did the submission. Ms. Bravo, the Deputy Manager, said, "There is no such thing." You claim you have a document that says a hundred days, I understand. It's about half of the City of Miami Page 140 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 amount, which would be six months. I don't want to belabor this, but if I was going to make a representation to an august body, I'd have the facts and the ability to back that foundational statement up. Vice Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. My questions is -- maybe I'm missing something, but it seems like whether the moorings are built or not built is a separate question from the intensity of the use of those moorings. Is your concern not more closely tied to the intensity of the use, and is that not the subject of the dispute that we are in the process of now trying to resolve through this dispute resolution mechanism? That's my question. Mr. Leen: May I respond, Mr. Vice Chairman -- Vice Chair Hardemon: You're recognized. Mr. Leen: -- on behalf of City staff? I think the concern here is that a lot of this relates to a temporary use that would go through the normal process for allowing a temporary use, but it really doesn't get into the key fact of whether the flex park itself -- Commissioner Suarez: Right. Mr. Leen: -- affects the historical integrity of the Marine Stadium, and that's the focus of your inquiry today. It doesn't mean that these other issues won't come up in the future. Commissioner Suarez: Sure. Mr. Leen: And City staff recognizes that they will, but it would go through the -- it would go through a special event process. Commissioner Sarnoff Well -- Vice Chair Hardemon: You're recognized. Commissioner Sarnoff Can I debate you for a moment? If -- Commissioner Suarez: No, because I don't think we're saying anything inconsistent, because we have said publicly -- and this is not -- this is prior to this discussion -- that we, ourselves, have considered and debated what the intensity of use is going to be, and I don't want to say anything more than that, because I know we are now in a different posture, I think, than when we made those statements. Now we're in a -- almost a litigant posture, and we're going through a dispute resolution mechanism, so we want to make sure that we do that carefully, I presume. But I think it's fair to say that these are two separate issues; is that not right? I mean, is that not what you're understanding? Commissioner Sarnoff Well, I'm told now that the basin is part of the historic dedication or preservation aspect by the HEP Board through the 2008 resolution to have moorings out there for six months, as represented -- you know, where they say six months and a day and you're a Florida resident, so -- Commissioner Suarez: For tax purposes, yeah. Commissioner Sarnoff Right, for tax purposes. So for six months and a day, it's more permanent than it is temporary. City of Miami Page 141 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Sure. Commissioner Sarnoff So I thought that was important. Commissioner Suarez: It's important. Commissioner Sarnoff And I don't want to belabor it, so you can move on. Mr. Garcia: You know -- I'm sorry. I apologize. Vice Chair Hardemon: The appellant. I mean -- Ms. Bravo: Through the Chair. Through the -- Vice Chair Hardemon: I don't -- okay, you may address next, and then -- do you still have more arguments you would like to make? Ms. Huber: Just in closing. We incorporate all of these documents, including the license agreement that designates the 101 days, as well as the DERM and DEP applications. We believe that that is not a temporary use; that those are permanent structures; that it's changing the use, as well as the other points outlined in our appeal, and therefore, we ask you to reverse the certificate of appropriateness. Vice Chair Hardemon: Thank you very much. You're recognized. Ms. Bravo: Through the Chair, I would like Mr. Garcia to address what pertinent considerations in our historic preservation pool are for HEP to render -- Mr. Leen: Yes. Ms. Bravo: -- a decision. Mr. Leen: And before he starts, I just want to preface his remarks with, you know, take a look at the standard; it's clear. It doesn't look at intensity of future uses. It looks at the construction that's being put there. That's this standard. It doesn't mean that you may or may not allow that in the future, but we're looking at the flex park itself right now, and I would -- Mr. Garcia: Yes. Briefly and earnestly in an effort to be helpful and help separate the subject matter of this application and the certificate of appropriateness versus what is not contemplated in it. Some information has been introduced into the record; some assertions have been made that speak about an event that takes place temporarily on the site in question. I think we've all heard and -- some information has been presented to this Commission under a -- as part ofa separate hearing of some intent to have special events happen at the particular parcel in question. I would say two things. As pertains to the scope of review of the Historic & Environmental Preservation Board, only permanent improvements are really to be considered, and certainly, the permanent improvements that we are presenting to you today for your consideration and your affirmation of the certificate of appropriateness, hopefully, all of those are perfectly within the scope of what is admissible. In terms of other improvements, and particularly as pertains to any improvements that may be made within the basin, I'd like to set forth two specific facts. Fact number one is that, in particular, the designation of the basin is subject to future appeal. The City has reserved the right to appeal the designation of the basin itself, and that may come up before the Historic & Environmental Preservation Board at some future date, particularly because we know there to be activities presently within the basin that we would like to look more closely upon and perhaps enforce upon. And to the extent that any designation of the basin would impede the City's ability to enforce those activities, the City would City of Miami Page 142 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 like to present to the HEP Board at some future date specific actions for the HEP Board to consider as an amendment to the designation of the basin so that certain uses could be allowed, and I'll leave it as broad as that, because at this point in time, we're really dealing with intangibles and the details are not available. So now I'll turn it into a more specific assertion before this board. To the assertion of the appellant that the information to the HEP Board was incomplete, the information to the HEP Board was complete based on that which we can document presently, and you can, if you would, consider it as phase one in a multi -phase project; and as further phases are further refined and completed, those, as appropriate, will be presented to that board for consideration. At this point in time, all that is before you is that which we have described and presented to you, and we assert this those are fully in compliance with all the applicable standards of review by the Preservation Office and the by the HEP Board. Thank you. Vice Chair Hardemon: May I ask you a question, Mr. Francisco? Mr. Garcia: Sir. Vice Chair Hardemon: The moorings are not a part of this application; is that correct? Mr. Garcia: Absolutely not. That is correct. Vice Chair Hardemon: So within this application -- well, within the appellant's argument, most of the discussion has been about the moorings and how the moorings would adversely affect the historic or architectural aesthetic character of the subject property, which would either be the basin itself or the historic structure, meaning the Marine Stadium; is that correct? Mr. Garcia: That is correct. Vice Chair Hardemon: Would you concur to that statement? Ms. Huber: Yes. Vice Chair Hardemon: Okay. So there are no plans that the City has right now. You haven't constructed or you haven't created -- have you created any plans that show where the moorings would go or how many moorings you would have, where they would be located within the basin, or anything of that nature? Mr. Garcia: Absolutely not. Vice Chair Hardemon: Thank you very much. Mr. Garcia: Not at all. Vice Chair Hardemon: So what I'm going to do now is I'm going to open up the floor for public hearing at this time. After the public hearing has concluded I'll allow the appellate to have an opportunity to rebut, as well as the -- Ms. Huber: If I could just ask one question, through the Chair, to Mr. Garcia? Vice Chair Hardemon: Yes. Ms. Huber: You used the term [iermanent,'and we just wanted to know if there was a definition of "permanent," either in the Zoning Code or in the HPB [sic] section. Mr. Garcia: I think it would -- and I'm not -- please ask me again if I've not answered your City of Miami Page 143 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 question correctly, but I've made two assertions that I think should dispense with that question. Assertion number one is that all of the improvements presented to the HEP Board as part of this application were intended to be and hopefully will be permanent improvements, and any impermanent improvements are not presently being considered by the Planning & Zoning Department or by the City of Miami to my knowledge. Ms. Huber: But is there a definition in the Code that defines what is `permanent"? Mr. Garcia: One doesn't come to mind. I'm not prepared to answer that question simply because it's not part of the scope of work that we're proposing. Ms. Huber: Okay. Thank you. Vice Chair Hardemon: Thank you very much. I'm going to open up the floor for public hearing. Mr. Clerk. Todd B. Hannon (City Clerk): The first three speakers for item PZ.3: the Honorable Mayra Lindsey, Dolly McIntyre, and Sallye Jude. Mayor Mayra Pena -Lindsey: Good afternoon, Chair Wort -- Gort and Commissioners. I am Mayra Pena -Lindsey. I'm the Mayor of the Village of Key Biscayne. And I did want to address the certificate of appropriateness. I spoke before the HEP Board on April 10, 2015, and I asked the board to defer this item. I asked them to move it to a later date. I made this request because the board did not have a complete set of plans for the development of the historic site to support a flex park or a boat show, or a comprehensive plan for the renovation, the operation of the historic Miami Marine Stadium. In addition, plans for the Boat Show, the flex park, and the operation of the historic Marine Stadium were in flux, and therefore, it was not possible for the board to make an informed decision regarding the full impact of the application on the historic Miami Marine Stadium site. Numerous events have occurred since the City's application was filed and after the HEP Board approved the City's application. They further evidence that the board did not have enough information to make an informed decision, and that it should wait until a comprehensive and final plan for the Marine Stadium is adopted by this Commission. I would like to bring five important events to your attention: Number one, increased impact of the Boat Show development and tents; the dates of the Boat Show; that the Boat Show will occupy this historic site have increased from a projected 30 days to 4 months. Number 2, new permit applications affect the historic site. The Boat Show has submitted permit applications to the Army Corp, DEP, DERMfor 800 vessel marina with over 1,000 pilings and a mooring field for 63 boats in the historic basin. Number 3, there is no signed license agreement. As of Tuesday afternoon, the City did not have a signed license agreement with the National Marine Manufacturers Association. Number 4, there's no comprehensive plan for the Marine Stadium renovation or the operation. In fact, this is on your agenda for today as a discussion item, and you will be discussing conceptual ideas on how to handle the operation and the renovation of the stadium. Number 5, your -- Vice Chair Hardemon: Just one moment, please. Board members, I'm going to allow her to speak for an additional six minutes, without any objection. If there is no objection, please continue forward. Mayor Pena -Lindsey: I appreciate. I don't think I'll need the six minutes, but thank you. Vice Chair Hardemon: It's okay. Mayor Pena -Lindsey: Number 5, there are competing plans for this site. There appear to be two competing plans for this site; one for the renovation and the operation of the Marine Stadium and a second for the Boat Show to occupy the historic site for four months out of the year during City of Miami Page 144 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 peak season. These plans are incompatible. I also want to ask the Commission to consider issues with the flex park and Virginia Key Master Plan. In 2010, the City approved a master plan for Virginia Key that included a flex plan at the Marine Stadium. The Village of Key Biscayne did not oppose a concept of a green passive, accessible, and public flex park that allowed small civic events or consistent with the deed restrictions of the Marine Stadium. The Boat Show and the scope of the flex park that the City intends to develop are completely different from what was originally proposed and contemplated under the 2010 Virginia Key Master Plan. During the HEP Board meeting, the board reviewed application materials from the City that included a rendering of a flex park. The City stated that the park was part of the Virginia Key Master Plan. However, the City did not include detailed plan for the flex park or for the Boat Show that will occupy the historic site for a period of four months. To approve the City's application based on renderings of a flex pack [sic] that may be consistent with the Virginia Key plan but are inconsistent with the actual intended use of the historic site by constructing tents for four months out of the year is misleading and deprived the board of the information it needed to adequately review the application. The board committed reversible error when it approved an application that it did not -- that did not provide detailed plans for the Boat Show, the flex park, or other improvements that impact the historic site, because without these documents, the board could not satisfy the review requirements under Chapter 23 of your Code. As a result, I respectfully request that you reverse the board's approval of the application. Also, I want to address one more thing. In terms of the traffic circle, the traffic circle is actually a fountain, and this fountain is a -- as it is, it's part of the geometry of this project. It is intended to be a centerpiece for a plaza, and I actually -- I had the -- I was able to speak to the architect who designed this project, and he wanted to -- and he made it very clear that the fountain that is being modified is not just a traffic circle, and that they should not be changing the grade; that it is absolutely central to the design and that it should not be altered. In fact, if you look at the master plan that you all approved, it has always, always been considered an integral part of the renovation of the stadium, so that is also -- and I suggest you speak to the architect; that is the best practice. When you are dealing with things that are historic, with historic sites and modifications, the best practice, according to your Preservation Officer, who mentioned -- who was in the discussion on Monday regarding the graffiti, is to actually go to the source and consult with the architect. And I submit to you that he does not agree with these changes. He does not agree with the fountain change. He also does not agree with the preforations [sic] on the hundred -- on the actual historic site. Thank you very much. Vice Chair Hardemon: Thank you very much, Madam Mayor. Dolly McIntyre: Good afternoon. I'm Dolly McIntyre, 409 Vizcaya Avenue, in Coral Gables. I'm the advocacy chairman [sic] for Dade Heritage Trust. I'd first like a point of clarification. I believe Mr. Garcia said that the HEP Board retained the right to change the boundaries of the historic designation? Did I understand that correctly? Vice Chair Hardemon: Ma'am, if you could, though, because you have two minutes, I would like for you to express yourself and then we can address the question later. Ms. Maclntyre: Okay. I want to echo the Mayor's concern about the fountain. I don't think that the HEP Board fully understood that that was actually a fountain. It was presented as though it were a traffic circle when, indeed, it is a fountain; and I think they did not have adequate information to -- if they had, they would not have approved changing a very integral part of the Marine Stadium. So whether this appeal is held or not, I don't know, but we are concerned about the fountain, and we're certainly concerned about any discussion of changing the boundaries, which would eliminate the basin from protection. Vice Chair Hardemon: Thank you very much. Commissioner Suarez: Mr. Chair, while we -- just a question. Well -- City of Miami Page 145 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Vice Chair Hardemon: You're recognized. Commissioner Suarez: That is -- it's not a currently operational fountain or is it? Ms. Bravo: The circle closer to the stadium was a fountain; the other one was a planter. It has not been used as a fountain for decades. It's been filled in with soil and has grass. Vice Chair Hardemon: Do we know how long it was used as a fountain? Commissioner Suarez: Right. Vice Chair Hardemon: It was operating. Commissioner Suarez: That's a good question. Ms. Bravo: I'm not sure, but it's -- Vice Chair Hardemon: Was it -- Ms. Bravo: -- been in that condition for -- Vice Chair Hardemon: Was it through -- Ms. Bravo: -- since the -- Vice Chair Hardemon: -- I mean, because of some type of neglect? Ms. Bravo: Yeah. The stadium was closed in '92 after Hurricane Andrew, so it's certainly been in that condition since then. Vice Chair Hardemon: In your application, you have it proposed that this will be filled in. Ms. Bravo: Actually, what we're proposing is that right now the concrete ring that you see there in the aerial photograph as it protrudes from the ground, we're going to rebuild that ring so it's flush with the ground and it's not a tripping hazard. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: So it will still be a fountain? Ms. Bravo: Yeah. There'll still be the same rings that you see there today, just flush with the ground. Right now it's not a fountain. Right now it's a concrete ring full of soil and grass, but it protrudes from the ground so it's a tripping hazard, so we would just build that ring flush. Vice Chair Hardemon: So will it be a concrete ring that's flush with the ground that shoots water out like a fountain? Ms. Bravo: No. Vice Chair Hardemon: And, Mr. Francisco, can you please address the question that the young lady had for you? Commissioner Suarez: Can I ask a question? Vice Chair Hardemon: And then I'll -- City of Miami Page 146 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Commissioner Suarez: Okay. Vice Chair Hardemon: -- yield to Commissioner Suarez. Mr. Garcia: Thank you, sir. Yes. Briefly, I'll address the issue of the boundaries in two steps. Step number one is the original designation by the Historic & Environmental Preservation Board set forth the boundaries of the designated area as I put into the record previously, and those boundaries did include -- do include presently the basin itself. Now, that was not a part of the City's application for historic designation. That is something that the HEP Board went above and beyond our proposal to designate the area and include it, because we all acknowledge it is a contributing and certainly a contextual element of the Miami Marine Stadium. Without the basin, the Marine Stadium would not be a marine stadium; so far, so good. What I said additionally is that we, the City of Miami, as applicants to the HEP Board for the designation of the site, reserved at the time the right to appeal the designation of the basin; not because we don't think there is no merit to -- not because we don't think there is no merit -- I hope I said that correctly -- to the designation of the basin, but because if by designating the basin there are no activities included or there is -- there are no improvements included, some of which we expect might help us actually better police and control the basin so that it continues to function as intended to function, then we would like to take that up with the HEP Board at some future time. That time is not now. So for the time being, the basin itself remains part and parcel of a historically designated area. Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: I just -- you know, you have two big stakeholders in Key Biscayne and the Dade Heritage Trust that seem to be pretty adamant about it remaining as is. Are we very passionate about it being changed or is that something that we, as a city, would be willing to concede on? And -- I mean, I think part of it is -- and I don't want to put words in Key Biscayne's mouth, certainly, but, you know, I think we're striving to, as a city -- use a word that I used earlier -- be, you know, congenial. And so, you know, I think -- you know, on points that are -- that we're very, very strongly on, I think, you know, we have stood our ground in many ways, and I think there are some other points where maybe it's worth conceding on. Let me just follow that up with a separate kind of different point, and this goes -- and I wouldn't mind hearing from the Heritage Trust and from Key Biscayne on this point, but South Pointe in Miami Beach has a really, really neat -- South Pointe Park has a really, really cool -- it goes to kind of what you're saying -- water feature that children can play through, and it sprays water all over the place, and it's neat. I don't know that that is something that offends the historic character of -- or the aesthetic character of what we have here today. Maybe what's better is to just let the sleeping dog lie, but it's just something that came to mind. I have a youngster; he's going to be running through the water real soon, so it's kind of a cool concept. I'd like to see it in some of our parks, to be completely frank with you, and I think we have -- you know, we have a waterpark in Commissioner Gort's district, but I'd like to see that concept imported into other districts as well. Mr. Leen: Mr. Chair. Vice Chair Hardemon: You're recognized. Mr. Leen: IfI may make a comment. It's obvious here that there's an underlying issue, a policy issue about the Boat Show. And the reason why I've been objecting and object now is because you have the authority, from staffs perspective, to address that separately, and it's really your sovereign decision. But from the City's perspective, this particular application is not germane, City of Miami Page 147 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 and it really -- if it comes into it, it sort ofsully's the legal issues that you're deciding today, and that really should be looked at separately, and this issue is real -- is: Does the flex park itself, what's being put there, does that hurt the historical character of the Marine Stadium? Vice Chair Hardemon: Counselor, the fountain, is that included within the design and the change to the flex park? Mr. Leen: Excuse me. I would like to have staff come up; receive the question from the Chair about the fountain, whether -- Vice Chair Hardemon: Is the fountain considered to be a change that will be implemented with your application for the flex park development? Mr. Garcia: I will defer in a moment to the deputy City Attorney. I will tell you, though, that there is -- and I think this is the relevant fact -- I will tell you that there is -- as part of one of the conditions set forth by the Historic & Environmental Preservation Board, there is a particular clause that reads as follows, and it is important that we cover the language exactly as set forth. It says, "The improvements being made to the designated area of the site shall restore the historic condition of the trees, landscaping, traffic circle, and any other designed element as documented in archival materials, " and then it says, "with the following conditions: proposal to change the grade of the traffic circle is approved" -- and that, I think, is what the deputy City Manager was referring to in terms of making it flush -- "and the removal of the pump house is approved, but the ticket booth shall remain." So to the extent that the site was designed in a particular way as part of the archival documents, we will restore it to match those archival documents. Vice Chair Hardemon: I have a question for staff. So the outside of this raised concrete circle is a roundabout or a traffic circle, if you will, but the inside is definitely a water fountain. So if you made improvements to the outside of the circle, it doesn't necessarily mean that -- well, in your application, you're saying you will fill in the inside as of right now. Ms. Bravo: I would direct your attention to the photograph that's on the screen. You could see the large outer circle, which is the traffic circle you referred to. Inside, everything is green. There are two smaller circles inside, each one has grass and is green, so there's no active water feature. Vice Chair Hardemon: I mean, there would not be, considering the fact that this site has been dilapidated for quite some time. Ms. Bravo: It has been not in use for 23 years. Vice Chair Hardemon: Right. Ms. Bravo: And basically, we would -- those three different concrete rings, both the exterior one, the two smaller ones inside, would be rebuilt flush to not have a tripping hazard. If several years in the future as part of the restoration of the stadium, there's a consideration to place a new water feature, then that would be worked in. Vice Chair Hardemon: So as of today, with your application, you have no intention of having a water feature inside those (UNINTELLIGIBLE)? Ms. Bravo: Not now. Vice Chair Hardemon: All right. City of Miami Page 148 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Ms. Bravo: Something like that should be considered as part of the restoration of the stadium when you would see how that would work with the stadium. So right now, it's not a fountain; it's filled with grass, so it merely serves as a tripping hazard. So we're going to respect the fact that it's there. The outline will still be there. And in the case of the ticket booth, the HEP Board requested that we leave the ticket booth, and so we have coalesced with that -- acquiesced. Vice Chair Hardemon: You're recognized, sir. Mr. Garcia: So I would like to again rephrase to sum up the intent in the following fashion: Any work and all the improvements that are being proposed and that will be made will bring the site further into compliance with the original design, as registered in the archival records, and they happen to be very good both because they're not so old, really and because there are still people alive, as we all well know, that we're intimately involved in the design of the facility so they can help us, if we need the help. So all the steps, all the interventions that will take place will bring the site closer to its original state. It may not happen all in one step. It may take a couple of steps, but we're certainly going in the right direction. Vice Chair Hardemon: Thank you. I want to continue the public hearing at this time. Mr. Clerk. Mr. Hannon: Sallye Jude. No Sallye Jude? The next three speakers: Michelle Metcalf, Becky Matkov, and Cecile Sanchez. Michelle Metcalf. Good afternoon, Chair and Commissioners. My name is Michelle Metcalf. I am the Biscayne Bay fellow and the Biscayne Bay Coalition manager, representing Tropical Audubon Society, 5530 Sunset Drive, Miami, Florida, 33143. Tropical Audubon Society and the Biscayne Bay Coalition are aligned with the Village of Key Biscayne and believe that the City Commission should consider the entire proposed development impact of the Boat Show, including environmental impact on the historic basin site and the surrounding Virginia Key environment. The public has always had an interest in Virginia Key, especially when the priceless environmental and cultural resources were in peril. And the public, including many in the Biscayne Bay Coalition members, motivated by these threats, created a transparent public process that began with the Virginia Key charrette and then a contentious plan was defined. And the public mandated that the majority of the Virginia Key and its water should be preserved or restored as habitat for wildlife, and that no major development should occur in the underdeveloped part of the island and that no new area should be privatized to restrict public access. Today we are concerned that the site and others in Virginia Key will be closed off to the people and won't be able to return to the public to use again after the event has passed. If this were to happen, it would violate the master plan, and not enough information has been presented, and that we also think -- believe that Virginia Key needs a planning oversight board to oversee the implementation of this master plan, and the environmental impact should be -- need to be considered and a plan to minimize and mitigate these impacts to the best of your ability must be presented and disclosed. And you have in front of you two documents -- two comment letters that we sent regarding the Army Corps review of this permit and the outline of environmental concerns, so we ask you to review these comments. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Clerk. Mr. Hannon: Becky Matkov, Cecile Sanchez. Next three speakers: Eduardo Sanchez, Brett Moss, and Luis Greenberg. Vice Chair Hardemon: You're recognized, ma'am. Cecile Sanchez: Cecile Sanchez, 260 Cypress Drive, Key Biscayne. I'm a long-time resident of Key Biscayne. I also am a real estate agent there. We are impacted by the tennis tournament. City of Miami Page 149 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 We kind of feel that we better stay home during that time, because it's very hard; this is our only way in and out. I am concerned about having the Boat Show. This is a long event. This is a day -long event. We cancel showings, real estate showings, because people cannot come in. I want to know you, by making the decision that you are making, are impacting my business, you're impacting my lifestyle. I have a 100-year-old aunt that lives in Key Biscayne. God, I know her life span has -- is short, but what are we going to do in case of an emergency? I understand that maybe there are very powerful lobby trying to have this beautiful site as their boat show, but you are impacting 12,000 people in our island; not only us that are fortunate to live in Key Biscayne, but all the Miamians that enjoy the beaches. How are they going to come in and out when you have -- are going to create a massive traffic jam? Andl also want to talk about the environment. It is -- every year we have less and less fishes, natural areas around our bay living. We have this beautiful kind of wetlands in front that have -- encourage wildlife. What is going to happen? You're going to cement everything. I really, really am sorry. We should have Virginia Key as a central park, a natural park. Vice Chair Hardemon: Thank you for your time. Ms. Sanchez: Thank you. Brett Moss: Hello. Brett Moss, 731 Crandon Boulevard, in Key Biscayne. First, I want to let you know that I love boats, and I actually have a sailboat here in Dinner Key. Also, I'm a licensed architect, and my office is located here in Miami. What I understand is that the City is prepared to spend $16 million in changing the parking lot into a flex park. However, none of this money is being spent on improving or restoring the actual Marine Stadium structure itself. Further, not only are you not improving the Marine Stadium, but you're altering structures, such as the fountain, that can be detrimental to the historical site. I believe that the certificate of appropriateness be reversed until the Historic Environmental Preservation Board has been presented with all the correct information for the proposed flex park and its impact on the historic site. Thank you. Vice Chair Hardemon: Thank you very much. Eduardo Sanchez: Good afternoon, Mr. Chair, Commissioners. My name is Ed Sanchez. I've been a resident of Key Biscayne since 1960. I have -- I came here for some information, to see if I can get answers for a few questions. The first one is, what is a flex park? I tried to Google it; nothing. I went to Wikipedia; nothing there. I went to Merriam Webster; nothing there. Then I went to the Diccionario de la Real Academia Espanola; nothing there. So that's the first question. Second question is, how many other flex parks in the City of Miami or in Dade County Commissioner Suarez: Don't Google it now, Commissioner. Mr. Sanchez: -- the State of Florida or the United States? And the third question is, who and when changed the name given by the National Trust of -- for Historic Preservation, which was the Commodore Ralph Middleton Munroe Miami Marine Stadium was changed to the Miami Marine Stadium Flex Park. Three questions. Thank you. Vice Chair Hardemon: Thank you very much, sir. Would you like to address the questions? Mr. Garcia: Yes, sir, I believe I can help with the first one. "Flex park" is perhaps a slightly "wankish" term that we use in planning and urban design jargon, and it refers to facilities which have as a principal use a park; namely, a recreational facility for the use of the general public for some intended purpose, and those can include soccer fields, hockey field et cetera. However, these facilities are also designed to accept other uses, other uses other than those that the facility was intended or specifically designed for, and so if the facility was originally City of Miami Page 150 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 designed for a soccer field or it's used for soccer fields, it could also be adapted for tennis courts; it could also be adapted for surface parking, as required. In other words, it is a flexible -- that's what the 'flex" part stands for -- a flexible facility which can be reconfigured to accommodate different types of events. Ms. Bravo: And if -- Mr. Garcia: And I should add very briefly, parenthetically, that what is presently there in the part of the subject property that is intended to be developed or improved as a flex park is a surface parking lot in very poor condition, so I would modestly suggest that any improvement upon that should be welcomed. Thank you. Vice Chair Hardemon: The second and third questions. Mr. Sanchez: Thank you. Vice Chair Hardemon: Do you remember the second and third question? Well, the one -- the third question -- Mr. Sanchez: The second question was what other flex parks are in Miami -- Vice Chair Hardemon: In the -- Mr. Sanchez: -- or in the County, or State of Florida or in the United States. Mr. Garcia: There are a number of them, and I'm happy to provide that. I don't believe it's material to the case at hand, but I'm happy to meet with you afterwards and show you a few. Vice Chair Hardemon: Okay. Mr. Sanchez: So we have more? Mr. Garcia: There are more, absolutely. Mr. Sanchez: City of Miami? Mr. Garcia: In the City of Miami, I don't believe there are any. Vice Chair Hardemon: Sir? Mr. Garcia: It is standard practice, sir. Vice Chair Hardemon: Sir, you asked your three questions. We're going to get the three questions asked, but no follow-up questions, please. Mr. Sanchez: Thank you, sir. Vice Chair Hardemon: Okay. Mr. Sanchez: Thank you. Vice Chair Hardemon: The third question was asked about the naming of the facility. When was it changed? Mr. Garcia: It hasn't. It continues to be the Commodore Munroe Miami Marine Stadium. City of Miami Page 151 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Sanchez: Oh, okay. Mr. Garcia: Ralph Middleton Row [sic], I believe, is actually the full -- Mr. Sanchez: That is correct, then, Miami Marine Stadium. Vice Chair Hardemon: Thank you very much. Mr. Clerk. Lois Greenberg: Good evening. I'm Lois Greenberg, and a resident of Key Biscayne, but I represent all the residents of Dade County who work on Key Biscayne and all the residents of Key Biscayne who work in Dade County outside of Key Biscayne. I think that you're all aware that inclement weather, traffic accidents, and any un -- irregular activity that happens in Key Biscayne affects the traffic so dramatically that you cannot get on or off of the island. The roads are not built for these projected activities that you're talking about. These attorneys are presenting this as if there's no knowledge that the Boat Show is planning to relocate part of its activities on Key Biscayne, and as if we're just going to recreate the Miami Marine Stadium as it was. I hope you all remember how it was for a small concerts and little activities that brought in several hundred people and people who came in on their sailboats and their power boats . I don't know how many of you lived here in Key Biscayne 30 or 40 years ago, or in Dade County and enjoyed the Marine Stadium. If that's what your proposal was, probably nobody would be here; everybody would be happy about that. But I can't imagine that the City of Miami is going to spend this kind of money to offer that venue, which is really obsolete in today's world. It just wouldn't be practical. That would have to be a philanthropic concept. So, I think it's disingenuous to present this as if there's no knowledge that the Boat Show plans to be there when we all know that that's the reason for this whole thing. And talking about a fountain, and talking about a circle and that the grass has grown too high or whatever really has nothing to do with the issue, so I hope you reconsider this, and be respectful of the safety issues of the people who work and live on the Key. Vice Chair Hardemon: Thank you very much, ma'am. Ms. Greenberg: Thank you. Vice Chair Hardemon: Appreciate it. Mr. Clerk. Mr. Hannon: Next three speakers: Gary Gross, Harvey Rosenwasser, and Antonio Camejo. Vice Chair Hardemon: In any order. It doesn't matter at this point. Harvey Rosenwasser: Good evening, Mr. Mayor and Commissioners. I'm Harvey Rosenwasser, Dr. Rosenwasser. I live at 781 Crandon Boulevard in Key Biscayne. I'd like to address only one aspect of this project, an aspect that may not have been considered, and that is safety. When you approve the flex park with a Boat Show project that's going to come -- Key Biscayne is the home to about 12,000 residents. It's also the home to two parks: Crandon Park and Bill Baggs Park, which together see about a million and a half visitors each year, getting emergency personnel and vehicles to these parks or emergencies in these areas, and the evacuation of patients in medical distress will be dangerously slowed by the added traffic that will come from this project. We know minutes can be critical in the saving of lives, in near -drowning boating accidents, in cardiac arrest situations, which have all taken place in these venues, the two parks and in the Key Biscayne area. I hope you'll reconsider the project. Thank you. Vice Chair Hardemon: Thank you very much, sir. Yes, sir, you're recognized. Antonio Camejo: Antonio Camejo. I'm a resident at 151 Crandon Boulevard, Key Biscayne; City of Miami Page 152 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 and I'm president of the Key Biscayne Condominium Presidents Council, which is made up of 34 condominium associations on Key Biscayne, comprising over 10,000 residents. We appreciate very much the interest of the City of Miami to develop Virginia Key. Right now it's a under-utilized property. I understand your interest in generating revenues and providing services to the residents of Miami, and Dade County and so on. We're very concerned, however, for the various issues that have been raised The safety issue, I think, is very clear. The denial of service to the most important beaches in Dade County, Bill Baggs Park and Crandon Park, because of congestion that will for sure develop there. When you have a flex park, and it's the Boat Show, and you put $16 million into the ground, you're looking for a return on that investment. You're going to be looking for more venues, more activities; there'll be more traffic. I think you need to think that out very carefully, and you need to think out the following: From the revenue point of view -- I work in Miami. My office is on Brickell Avenue. We generate taxes for the City of Miami. Most of the people who live on Key Biscayne work probably in Miami and generate revenue and taxes for the City of Miami. This is not an issue about Key Biscayne not wanting development on Virginia Key. This is an issue of wanting the right type of development that's low impact, friendly to the environment, and provides flexibility in terms of use, but more of a park setting, and to take advantage of the marine aspect of it. I'm a boater. I'm a sailor. I think this is a -- it's a wonderful area, if it's developed properly. And there have been many master plans presented in the past that took into consideration marine use with very low impact. So I would ask you to reconsider. Thank you. Vice Chair Hardemon: Mr. Clerk. Mr. Hannon: Gary Gross. No Gary. The next three speakers: Don Elisburg, Greg Bush, and Blanca Mesa. Don Elisburg: Mr. Chairman, members of the -- Commissioners. My name is Don Elisburg. I live at 177 Ocean Lane Drive in Key Biscayne. I'm retired, so I don't commute everyday into Miami, but I have reason to go into Miami most times. I remember Key Biscayne as a young kid in the 1940's when they opened up the Causeway and what was the original zoo. Point I want to make is there have been, as near as I can tell with this project -- it's a huge project, and no serious impact studies on some of the things my fellow owners have been talking about. As a condominium owner and a former board president of our condo, there really been no impact studies on traffic. The point of the emergency services scares us when the tennis tournament's here. It scares us when there are huge concerts on Virginia Key; just how you're going to get these emergencies services back and forth. And right now it's kind of the Wild West show, and I don't think that's healthy as it is. The -- since the Marine Stadium was built, Key Biscayne has grown from a very small group of residents to over 12, 000 people. You know, we -- and I think we need to consider that. The Bill Baggs Park usage has exploded. Virginia Key as a concert venue and use has grown immensely. The tennis tournament has arrived with all of its youth traffic impact. So as these events come into play, my drive time can jump from 15 or 20 minutes to an hour and a half or more. In short, the infrastructure, even with these improvements, just won't be able to support what is planned here. And I don't mean to be facetious about my point now: What we're talking -- Mr. Chairman, we are talking about what appears to be folks here trying to put a square peg into a round hole, and it just isn't cutting it. Thank you. Vice Chair Hardemon: Thank you very much. Sir, you're recognized. Greg Bush: Good afternoon. My name is Greg Bush. I direct the Institute for Public History at the University of Miami, and vice president of the Urban Environment League, and I'm here basically to say that the Urban Environment League supports the Marine Stadium. We want to see it revived but we really question the entire process that's gone on over the last five years. I was involved with Marc Sarnoff back in 2007. You came, I think, to the Rosenstiel School in very earl days. We all worked hard to change the master plan and to bring it forth. You all voted unanimously for it. One of the key elements of that was to have a planning oversight board that City of Miami Page 153 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 could have avoided a lot of the chaos, it seems to me, over the last several years. It's debatable, perhaps, but that's my view. At the core of what we called for was integrate thematic linkages, heritage, recreation, environmental education, conservation of natural resources. We called for a welcome center where people coming onto Virginia Key could be oriented to the place, because it's a big, sprawling, multi jurisdictional island as most all of you know; very complex. Most people don't know how to approach it. Well, I still think you ought to reconsider that master plan from 2010 at the heart of what you're doing here, and I think that this Boat Show, which we had first supported, frankly, because we thought the scale would be small, is no such animal at this point. If I can end with one brief quote from John Pennekamp -- some of you may have heard of -- former Miami Herald editor, who had a deep and abiding love for natural beauties. He said, Virginia Key is pretty much like a habitual imbiber's headache: It's sure to pop up every so often. The County has a tougher policy about disposing of public lands than does the City, which is regarded as fair game at any time. Financially harassed, the City almost always is ready to listen to the voice that promises money. Next to the sun, the waters of the ocean and the bay are the greatest assets we have. In fact, they are inseparable in evaluating the area's primary worth. The people's right to see and enjoy their waters certainly transcends that of any developer who, lacking a civic consciousness and pride, would ride roughshod to its purpose. "Thank you. Vice Chair Hardemon: Thank you very much, sir. Blanca Mesa: Good evening. My name is Blanca Mesa, and I reside at 714 Santander Avenue in Coral Gables. I want to just put down for the record -- because I've been involved with the Virginia Key probably two decades; and in 2010, when they were doing the master plan, I actually dedicated a year of my life to write a blog specifically about Virginia Key, its history and the current negotiations. And what I want to get on the record is something I haven't seen in your consultant's report; I haven't seen in any of the paperwork from the National Marine Manufacturers Association, which is that this is a very special place. It's actually within a state -designated aquatic preserve, the Biscayne Bay Aquatic Preserve, and it is -- the shoreline is directly across from a state -designated critical wildlife area. So we're talking about a place that will require extensive environmental permitting, including Endangered Species Act analysis, which could take more than a year, so it's perplexing to me how it is that the City of Miami and the Boat Show feels that they can open with floating docks, an entire new marina in a place that is probably one of most ecologically fragile areas of the entire county. One thing I want to say is, really, what we need here is something that's commensurate -- conservation and protections that's commensurate with a state or national park. And when the National Park director was here, we presented actually a presentation to him to make Virginia Key and the surrounding waterways part of the National Park System; in fact, expand Biscayne National Park and establish a visitor center there, and that's really what we should be doing. And I want to leave with one quote from -- an English poet, Alexander Pope, and he said about improvements, when you're considering improvements, Consult the genus of the place in awe. "And the genus in Virginia Key is in the water, the sky, the open spaces, and the magic that happens among them, and that's really what should be doing. You really should take the $16 million and build a beautiful park for everyone in the community for future generations, because you hold this place in trust. Thank you. Vice Chair Hardemon: Thank you very much. Applause. Vice Chair Hardemon: Please, please, refrain from clapping. If you show some support for someone, much like in the County, just wave your hands. The more time that you clap, we have to wait for you to finish, and then I have to address you to tell you to refrain from clapping; and we all have been for a very long time. We want to respect your time, and we ask that you respect ours. So, if you could, just give me the spirit fingers and we can move forward orderly. Mr. Clerk. City of Miami Page 154 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 Mr. Hannon: The last person I have signed up for item PZ.3 is Vincent Richter. Vincent Richter: Hello. Vincent Richter. I'm not here to argue for or against the Boat Show. It's complicated issue, and you'll eventually get to a decision and everybody will have to live with it. But I am here to talk about the fountain, the historic fountain. I would argue that if you remove or level the sides of a fountain, it's no longer a fountain. From a preservationist view, whether or not the fountain has operated as a fountain for the last 20 years or it's filled in or not, it's irrelevant. If you -- if it's an historic feature, as designated by your Chief Preservation Officer as historic -- and I think we agree it is -- then you can't touch it; it's got to stay. If it's a tripping hazard, then there's, I'm sure, a elegant way to deal with it, other than touching it and removing it. Thank you. Vice Chair Hardemon: Mr. Clerk. Mr. Richter: And I would ask that the Commission clam the fate of the fountain. Vice Chair Hardemon: Thank you very much, sir. At this point in time, seeing there are no other persons that want to speak on the record, I'm going to close the public hearing. At this time, I'd like to ask for the appellant to step to the podium or the lectern so that you have an opportunity to -- for rebuttal, and, City, please be prepared for a response. Ms. Huber: Thank you. I know it's been a long day and a long night, so I will be brief I reiterate and re -incorporate all of the previous points that we have made. We believe that this application was incomplete; that there are aspects of improvements that will be made to that parcel, whether it's 30 days, 60 days, 90 days, or 101 days that will dramatically impact the integrity of that historical site, which includes the basin. No aspect of those improvements have been presented to the board or were part of the application presented before them. More importantly, the application was premature; and when discussion by the board was asked to include the use, the intensity of the use of the flex park, that information was not provided to them and was limited from the scope of their review. Therefore, we ask for you to reverse and remand. Thank you. Vice Chair Hardemon: Thank you very much. City, is there a response that you would like? Mr. Garcia: Thank you, sir. A few notes briefly, and I will try to be as succinct as the appellants have been. As pertains to the incomplete nature of the application, information has been presented to you about other potential uses of the site, which, frankly, are not germane to the subject at hand. The Historic & Environmental Preservation Board was presented with all the information pertaining to all the improvements that we are proposing at present, and based on that information, they made a decision, which is exactly what they were charged with doing, pursuant, of course, to the City Code and the regulations contained therein. May there be other phases in the future in terms of improvement? We certainly hope there will be, all the way leading up to full restoration of the Miami Marine Stadium, but that is some time afield, I am afraid As pertains to the number of days, again, you know, whether it's 90, 60, 100, none of what we're proposing to you today, none of what was being proposed to the Historic & Environmental Preservation Board is attached to any number of days. We are presenting to you a series of improvements to the site that are intended to be permanent, and by "permanent," we mean "permanent," as in 'forever"; and all of these improvements are certainly in keeping both with the provisions of the City Code as well as with, incidentally, the Virginia Key Master Plan, which called for a flex park to be developed on the site, which is exactly what we are proposing. Was the application premature? No, because we acknowledge that this is a phased project, and this is phase -- presumably, phase 1 in a number of phases. If other phases bring with them other issues that would properly be before the HEP Board, we will make certain to present it to the HEP Board and comply with all applicable regulations. And lastly, as pertains to the flex City of Miami Page 155 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 park, the improvements that are being provided are exactly intended to accomplish that. We are not -- and I'd simply like to address it briefly, because it sort of caught my attention. We are not being disingenuous. We are setting forth all the information that we have at present that we've been able to design and substantiate; and we are asking you today, as we had asked the HEP Board at its proper time, to act on the information that we have. As more information unfolds, we'll certainly bring it back to the proper forum and seek approval for it then. Thank you. Vice Chair Hardemon: Thank you very much. I'm going to invite discuss -- would you like to make a comment? Mr. Leen: I'd like to add one point on that. It's been a pleasure to be here today. And obviously, there is an underlying issue, I see, related to the Boat Show, but I want to emphasize again that as a legal matter and that the (UNINTELLIGIBLE) of the City is that that is not germane to this decision. You can approve the flex park, and you can always make a decision in the future about the Boat Show, and maybe you should address that. That's a separate issue, though. It is a separate issue. This is a legal proceeding, and the proceeding in this issue -- pardon me; the issue in this proceeding is whether as an historic matter -- this is an historic preservation matter -- the flex park itself adversely affects the historic or aesthetic character of the Marine Stadium, and you have substantial competent evidence in the record supporting that it does not adversely affect the Marine Stadium, and that's the sole issue before you. And anything else that comes in undermines the record. And if you make your decision based on that, it's not an historic preservation decision, and your decision should be focused on that historic and aesthetic issue. Thank you. Vice Chair Hardemon: Thank you very much. I'm going to open up the discussion for the board members, and I would like to say if -- because I'll be listening, but I would like to say if we could discuss the effect on the -- with the adverse or not adverse effect on the historic or architectural nature or character of the Marine Stadium. And I'm saying that because now it includes the basin; it includes the area where we have the fountain. The one thing I didn't hear on the record was what type of -- am I correct in that statement? The historic property includes the fountain or, as you've called, the traffic circle. Mr. Garcia: It is both a traffic circle, and within that traffic circle there are two circumscribed circles, one of which historically, meaning originally, contained a planter, and the other one originally contained a fountain with a water spout in the middle, yes. Vice Chair Hardemon: Okay. Now that we're very clear on the record, so one of those circles inside of this picture is a fountain. There was nothing on the record as to how high the fountain shot or what -- was it just a -- There's nothing as far as the operation of that fountain, and I couldn't see anything within the record that told me what that fountain operated. Even though it's a fountain, how high it shot water into the air or something that we could restore it to. So I'm basically saying this to say, I'm interested in discussion from the board members about the historic nature of that traffic circle that includes aplanter andafountain and how it adversely, if it does, affects the quality of that marine stadium historic destination. But at this point, I can open up for everyone to speak. Well, the Commissioner that was -- you -- Commissioner Sarnoff, you were called out as far as being involved with this five years ago, so -- Commissioner Sarnoff Let me -- so let me give you a little historical perspective. So EDSA was hired by previous Administration, and Greg Bush is right; we went to the Rosenstiel School and spent a good amount of time criticizing, commenting upon ball fields, upon some commercialization of what appeared to be where we are right now, but there was always a flex park in the plan, both at the EDSAstage, as well as the reconfigured plan. Right at around that transition, Hilario Candela came in, and I believe it was Don Worth had already started something called the Friends of Marine Stadium. I think the only friend that was there was Don Worth, by the way. And Don somehow convinced me to go around to any organization you could City of Miami Page 156 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 go around to, and we went to some organizations that had three or four people and present an idea to rehab Marine Stadium, and that was the creation of the Friends of Marine Stadium. Then it actually got brought up. The Mayor wanted to do it. Mayor Regalado wanted to do it. And then, somehow, Commissioner Gort puts me on this thing. And for the next 14 meetings, I go to the Friends of Marine Stadium; pretty contentious meetings, too, by the way. They were -- a lot of vetting, for lack of a better word, and a lot of ideas got pretty abrasive and pretty abrupt in there in the Manager's conference room. Inevitably, we came to a consensus. With that consensus, we somehow brought an idea to this Commission. And as you all remember on a Thursday or a Friday, we got to see the financial data behind that plan, only to learn some people who said that they were doing it on a voluntary basis were not doing it on a voluntary basis, because they had approximately $6 million in fees in there. This Commission reacted, I think, significantly, because I think we put some trust in some folks, and we felt like maybe that trust was violated, and we reacted. And I think our reaction was a guttural reaction, in that we wanted to see something happen because we had spent all this time. We heard numbers. I know Commissioner Suarez is going to say, "We have 14 million. No, we got 22 million." If you really boiled it down, I don't even think four million was raised, but be that as it may, they got Gloria Estefan involved; number of other things. And when we pulled away from the Friends of Marine Stadium, a vacuum, a void happened, and all of a sudden walks in the NMMA, National Marine Manufacturers Association -- actually, something I'm pretty familiar with, a group of people -- and then started something that the Commissioner of the district that has been here for nine years -- I've always been embarrassed by what simply the parking lot looks like, the heck with Marine Stadium. I mean, it's just embarrassing to say -- I just visited MAST Academy the other day, as you drive to get there. I think to myself I'm going to put it in nicer terms than I usually say to myself. Who's the Commissioner of this district?'because, you know, I'd love to blame Carollo with something. It's just more natural for me. But I am the Commissioner of that district, andl candidly admit, I think it's a citywide issue, but it's something that have always allowed other people to kind of manage; first Mayor Diaz, then Mayor Regalado. I've never taken a very active role, except for Commissioner Gort putting me on this committee for a year and a half. And there was a lot of meetings, Commissioner Gort; I just want to go on record, and I think I attended every meeting. I don't think I missed one, Commissioner. So when that void and vacuum happened, I think we reacted as a Commission. It's one of the more active days I remember at this Commission, to be candid with you, because I think there was a lot of disappointment, surprise. Andl know there's a real desire out there to save the stadium, and there are moments that I share in that desire, and there are moments that I just wish I had nothing to do with it. Because I've always thought of Marine Stadium a little bit like the Coconut Grove Playhouse. I think it's a black hole that will grab you and pull you right in, and I don't know if you're ever coming out. And you all will have to deal with that, because I won't be here to deal with it. So, historically, that's how we got here. Then, candidly, one of my favorite people in the City of Miami convinces me -- Alice Bravo -- that this flex park is a great idea, and I actually think the flex park is a great idea, not because I'm calling it a City of Miami park. I suspect a lot of Key Biscayne kids will get to use this park, because I think everybody from all over Miami will get to use this park. And the bet I made was $16 million immediately to finally get a respectable looking parking area that becomes a park for all of our districts, and in return for that was a 31-day use of a boat show. And I thought, well, 16 million, 31 days; I think I can balance that one, and I was okay with it. And then came a revision, and that revision was -- I don't remember if it was three or four months. And that revision really upset me, because I felt like I had been incrementalized; meaning, just like when you go to buy the car, you know. The car cost $14, 000. Oh, but the one you want, that's $21, 000. So, all of a sudden -- not a bait and switch, but it's like, "Whoa, how did we go from 31 days to 4 months?" So I was really upset by that. Commissioner Suarez took me off the cliff, as only I think Commissioner Suarez can, and somehow reeled that back to, I think, 31 days for the west side of the property. You know, I'm going to tell you, very difficult vote for me, this whole thing. And I'm probably not going to support the appropriateness; meaning, I'm going to find it to be appropriate, because I'm a lawyer first, and I think I'm -- have to live by what the law says, and I have to listen to what the City Attorneys say and, instinctively, what I think is justified here. But I forewarn everyone that City of Miami Page 157 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 there's going to come a time when we're going to meet as a Commission, Key Biscayne and the City of Miami; and there's going to come a time I'm going to get off this boat that we're on, because my biggest fear was -- and I was okay with the Boat Show as described to me at first, because I thought, you know, for 300 and -- I don't know -- 30 days, a year, 320 days a year, we'd have a park, you know, period. We'd have a park. And I thought Key Biscayne would actually use the park more than us, not that it matters to me. A kid is a kid, and I didn't care who used the park, so -- you know, I think three of us up here swore an oath that we have to uphold the law; I'm going to uphold that law today. It's going to be a whole different issue, though -- and I'm saying this to this Administration -- when we sit down as a joint session, because I don't think you have me right now. The Bill Sodowski reserve, I just don't understand how you're going to be sensitive to the Bill Sodowski reserve when it comes time to put these docks out there, and it's always been my primary concern what goes on to the north of Marine Stadium, because that is a very, very sensitive area that, I think, we are stewards of that land on the City of Miami, and I don't know even the Boat Show as first described to me -- which was a 31-day event. In other words, 31 days build -in, build -out event as well. That was what was first described to me, and it didn't have so many docks, it didn't have so many water usage, and that's where I find myself departing this band. But for purposes of right now, I'm stuck with what the law says I should do, and I think we are obliged for right now, under the law, to find what the HEP Board did -- a pretty conservative board, by the way, the City of Miami -- to uphold what's been done so far. I'm just saying, Mr. Chair -- and I'm not trying to make a record more than I need to. I just don't know that I'm going to continue on with this for very much longer, because every time I hear it, there's a new expansion; every time I hear it, there's a new matter, a new issue. And while maybe I could live with a boat show -- and that would have been a 31-day Boat Show and no other events, because everybody makes these choices in life, you know. I'll work really hard for six months to get this, or I'll do really this to -- you know, I'm sure when you all bought your wife your [sic] wedding ring, you put in some extra time, because it was more than you wanted to spend but I'm sure you didn't work -- want to work that way the rest of your life. So I was making -- it's probably not the correct term -- a Hobson's choice, but I was trying to make a choice of saying I could withstand this impact for 31 days, because for 330 days, everybody was going to have this really cool flexible park. But every time I turn around, it's down to 200-something days, and then I hear they're going to barge this in, they're going to barge that out. And, you know, I just forewarn you: You have my vote today for a legal issue. Commissioner Suarez brought me off the brink the last time. I don't think he's bringing me off the brink the next time, but for right now, I'll make the motion to approve what the HEP Board did. Commissioner Suarez: And I'll second it for discussion. Vice Chair Hardemon: It's been moved -- it's been properly moved to deny the appellant and approve the HEP Board's decision. Commissioner Suarez: Thank you, Mr. Chair. Vice Chair Hardemon: It's been properly seconded, also. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. And I really, actually, echo a lot of Commissioner Sarnoffs sentiments. I think you're right as to the level of frustration that this board felt when we were confronted with a series of decisions that we had to make to try to -- no pun intended -- right to ship, if you will. Prior to litigation -- and by the way, I just want to say for the Key Biscayne residents who are here, you have phenomenal lawyers and a phenomenal Mayor. I don't know if you guys are qualified -- high-priced lawyers, as Commissioner Carollo will call you, but you're great lawyers, and you have a great Mayor. Prior to litigation, I did speak with the Mayor, and I think Commissioner Sarnoff and I share the intensity and the use concerns that you all have and that Key Biscayne has, without muddling the record any more than that either. We have struggled with it and debated it. I think the only reason why I was able to, City of Miami Page 158 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 quote/unquote talk Commissioner Sarnoff off the ledge was because we kind of agreed that we were going to see how this plays out in terms of the Boat Show. So there is not a -- right now a long-term commitment. Not saying that, you know -- we don't know what's going to happen. We, right now, are committed to doing it once, and then kind of looking at how it works out, and then deciding whether it's something that makes sense or does it make sense for the City and for our -- and for various stakeholders, to be quite frank, because I don't think it's right to just dismiss anybody who is a stakeholder that's not the City of Miami. I do think, certainly, a flex park is better than a parking lot; and right now, for the last 20 years, what we've had is a parking lot. And by the way, to the extent that it's a flex park and that it is kept as a flex park and or not being used for other activities, it is a park that we hope that your city will enjoy and your citizens will enjoy, which is -- you know, parks are not -- or they're public spaces. I mean, you all can go to Museum Park and enjoy what will hopefully be, you know, a science museum and the arts museum, and you also have the right to enjoy all the parks in the City of Miami, and we want you to enjoy them, because they're not there for only City of Miami residents; they're there for all residents. So, you know, I think there was some thinking in mind as to, you know, maintaining and fulfilling the master plan intent of 2010 in opening up space that can be used by the public. Understand your concerns; we hear them loud and clear. As the Commissioner said, we're going to have a variety of other opportunities, not necessarily here, even though I have to commend your Mayor and her legal team for essentially saying, "Look, we're going to be there every step of the way. We're not going to, you know, in any way, shape or form not be present and be putting forth our perspective," and I think that she's doing the right thing. I really do. And I've told her that privately before the litigation. You know, and I think the City has an obligation to be good faith actors, and that's what I think we're all going to be pushing for. In this particular case, I think it has to do with a slightly different issue, as Commissioner Sarnoff, much better than I did certainly articulated it. And I think that's where we stand right now at this moment. But your pleas and your concerns are not falling on deaf ears. And, you know, I think -- I'll leave it at that just because there are other proceedings that I think we need to work through to hopefully come to a solution that can benefit everyone. Thank you. Vice Chair Hardemon: You're recognized, sir. Chair Gort: I have to tell you. I had the opportunity to visit the Marine Stadium when it was very active, when they had different shows taking place in there. There was a beautiful -- when you look at it, it's something that was built 30-some years ago. The architecture is something that it was very modern at that time that it was built. I had the opportunity to see the boat races, the different shows they had in there, and my commitment is to bring it back. This was my goal. When I heard about the Friends of Marine Stadium, I welcome that, because I remember after the hurricane, they wanted to knock it down; they wanted to build a hotel in there. Commissioner Sarnoff I think you welcomed it, because you put me on it. Chair Gort: That's why I put you on it, because it's your district, and that -- I know you would do the right things always, so that's -- but I think it's very important that we get together with the Key Biscayne, talk to them, and go over it, and work out some of the problems that we have. I understand we going to have a joint meeting, which I think will be very good for all of us, and we need to do that. Vice Chair Hardemon: Any further comment? Chair Gort: There's a motion and a second. Vice Chair Hardemon: Seeing none, it's been properly moved and seconded. No further unreadiness. Mr. Clerk. Well, we don't have to do a roll call vote. All in favor, indicate so by saying, aye." City of Miami Page 159 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 D1.1 15-00593 The Commission (Collectively): Aye. Vice Chair Hardemon: Anybody against? Motion passes. Commissioner Sarnoff. I'd like to say to the Administration: I'd like to see this joint session sooner than later. And if you don't do it sooner, I will call a 119 meeting myself, and I'll make statements you may not like. Ms. Bravo: Commissioner, I assure you, we have volunteered dates and are looking practically. Commissioner Sarnoff. Well, all I've heard is somebody's on vacation, somebody can't make it. I'm not going on vacation. Sooner than later. Ms. Bravo: We are pressing for sooner. Vice Chair Hardemon: I'd like to bring our board's attention to PZ 1. Ms. Mendez: Commissioners, again, I'd like to thank Mr. Leen for assisting us as counsel today. Thank you. Commissioner Sarnoff. I kind of like him. Chair Gort: Thank you very much. Commissioner Sarnoff. I mean -- Mr. Leen: Thank you. It's always an honor to be here. Commissioner Sarnoff. -- (UNINTELLIGIBLE) pretty good. Vice Chair Hardemon: Good to see you. Commissioner Suarez: You're a great guy. Craig, you're a great guy. Superstar, superstar. Great, great. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION REGARDING THE LETTER SENT BY THE MIAMI RIVER COMMISSION TO FDOT IN REFERENCE TO THE BRICKELL BRIDGE. City of Miami Page 160 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 D4.1 15-00441 NA.1 15-00663 15-00593 E-Mail - Discussion Item.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING ACQUIRING PORTION OF LUDLAM TRAIL WITHIN CITY OF MIAMI BOUNDARIES. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Note for the Record: Item D4.1 was deferred to the May 28, 2015, Planning and Zoning City Commission Meeting. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM PERSONALAPPREARANCE BY DISTRICT 111 REPRESENTATIVE BRYAN AVILA, MEMBER OF THE FLORIDA HOUSE OF REPRESENTATIVES City of Miami Page 161 Printed on 6/8/2015 City Commission Meeting Minutes May 14, 2015 NA.2 15-00657 Office of the City Attorney DISCUSSED Chair Gort: I have two requests for the personal presentations. And State Representative Bryan Avila, thank you for being -- well, but I'd like to take you second, because I have Carmen Gimenez, who's supposed to be giving a personal presentation. So she's not here. State Representative, thank you for waiting so long. Bryan Avila: Thank you, Mr. Chair. Thank you, Commissioners. It's really an honor and a privilege to be here before you. I wanted to come to just introduce myself formally to the Commission and also to -- especially to those Commissioners that 1 haven't had the privilege of meeting or getting to know since my election in November. I also just wanted to say that we're working very hard to make sure that the funds that we've requested in the budget in Tallahassee for the City that we get them. So that's something that we'll talk about more in detail, I believe, June 28 -- May 28, sorry -- with Diana Arteaga, as well, which, just to note, you have a fantastic legislative team with Diana Arteaga and also Michael Cantons [sic], who have -- who I work with on a regular basis, and, you know, we have a -- just a great working relationship. So I just want to commend you on your team. We're all working together to make sure that the City of Miami -- that the Commission has everything at their disposal, all the resources, in order to keep improving the quality of life for our residents. Chair Gort: Thank you for being here, and I know you represent a large portion of my district, so I really appreciate all the assistance you have been giving us in the past. Thank you, sir. Mr. Avila: No, thank you, Commissioner. And I also wanted to say, you know, for the Commissioners, for the residents, for those residents that are also viewing, my office will always be open and please feel free if yozi have any questions or any concerns to reach out. Thank you, Commissioner. Chair Gort: We will. Mr. Avila: Thank you, Commission. Chair Gort: Thank you. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RETENTION OF THE CORAL GABLES CITY ATTORNEY'S OFFICE, AS OUTSIDE CONFLICT COUNSEL, PRO BONO, FOR THE REPRESENTATION OF THE CITY OF MIAMI HISTORIC PRESERVATION OFFICE, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PLANNING AND ZONING DEPARTMENT STAFF AND OTHER CITY OF MIAMI ADMINISTRATORS, ON AN AS -NEEDED BASIS, ON LEGAL MATTERS IN CONNECTION WITH THE APPEAL OF THE APPROVAL OF A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR SITE IMPROVEMENTS AT 3501 RICKENBACKER CAUSEWAY, FILED BY THE VILLAGE OF KEY BISCAYNE. Motion by Commissioner Suarez, 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-15-0207 Chair Gort: RE.1. City of Miami Page 162 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 Daniel J. Alfonso (City Manager): Mr. Chair, I think we need to vote to withdraw FR.1. Chair Gort: We did already. Commissioner Suarez: I did it. Mr. Alfonso: Oh, you did? Commissioner Suarez: I made the motion (UNINTELLIGIBLE) Mr. Chair. Chair Gort: We did Mr. Alfonso: Missed it. Chair Gort: RE.1. Victoria Mendez (City Attorney): Before we -- ifI may, before we have anyone on RE.1, I have a pocket item which has to do with a resolution of the Miami City Commission to approve the retention of the Coral Gables City Attorney's Office as outside conflict counsel, pro bono, for the representation of the City of Miami Historic Preservation Office; Historic & Environmental Preservation Board, and the Planning and Zoning Department staff and other City of Miami administrators on an as -needed basis for legal matters in connection with the appeal and approval of the Special Certificate of Appropriateness for the site improvements at 3501 Rickenbacker Causeway filed by the Village of Key Biscayne, which we'll have a hearing this afternoon. Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Mendez: Thank you. NA.3 DISCUSSION ITEM 15-00667 A DISCUSSION OF THE PLAN TO DEVELOP A NEW MUSEUM OF ART IN THE INTERNATIONALLY RENOWNED MIAMI DESIGN DISTRICT AND TO BE KNOWN AS THE INSTITUTE OF CONTEMPORARY ART OR "ICA"; INTENDED TO BE A WORLD CLASS FACILITY SHOWCASING ART FROM A VARIETY OF COLLECTIONS, SOME OF WHICH HAS NOT PREVIOUSLY BEEN ACCESSIBLE TO THE PUBLIC. 15-00667-Submittal-Mayor Regalado-Memo-Institute of Contemporary Art (ICA).pdf DISCUSSED City of Miami Page 163 Printed on 6,8/2015 City Commission Meeting Minutes May 14, 2015 ADJOURNMENT Note for the Record: Please see Item PZ.1 for minutes referencing Item NA.3. The meeting adjourned at 8:14 p.m. City of Miami Page 16-1 Printed on 6,8/2015