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HomeMy WebLinkAboutCC 2015-06-11 MinutesCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO FROM: Rosemary Olivera Records Coordinator I Ea ►,ate Todd B. Hannon City Clerk DATE: SUBJECT: REFERENCES: ENCLOSURES: FILE : July 24, 2015 Republishing of the June 11, 2015, Commission Minutes NOTE FOR THE RECORD Republishing of the June 11, 2015, Miami City Commission Meeting Minutes Administrative Error Associated with Item PZ.2 (file no. 15-00406zc) Please note that the minutes for the June 11, 2015, Miami City Commission meeting were republished on Friday, July 24, 2015, due to an administrative error associated with agenda item PZ.2 (file no. 15-00406zc). The administrative error involved the Legistar system and the selection of an incorrect version of the legislation (version 3) which resulted in the title of the Planning, Zoning and Appeals Board resolution being inserted into the June 11, 2015, minutes rather than the title of the legislation associated with the Miami City Commission. The correct version of the legislation (version 4) has been selected and the title as currently reflected in the minutes printed on July 24, 2015, is correct. City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 11, 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 June 11, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS 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 7/24/2015 City Commission Meeting Minutes June 11, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo and Commissioner Suarez Absent: Vice Chair Hardemon On the ll th day of June 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 9:08 a.m., recessed at 10:43 a.m., reconvened at 2:33 p. m., recessed at 2: 40 p.m., reconvened at 4:16 p.m and adf ourned at 5: 36 p.m. Note for the Record: Commissioner Carollo entered the Commission chamber at 9:14 a.m. and Commissioner Suarez entered the Commission chamber at 9:19 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning, everyone. Welcome to the June 11 meeting of the City of Miami Commission at these historic chambers. The members of the Commission are -- the City Commission are Frank Carollo, Francis Suarez, Marc Sarnoff Vice Chairman Hardemon, and Commissioner Hardemon will not be able to be here; myself Commissioner Willy Gort. We're going to open with the prayer by the Commission, myself; and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. Chair Gort: My understanding, we have one proclamation by Commissioner Suarez, who is not here, so we have to wait. We need one more in -- Commissioner in order to have a quorum. Good morning. We have Commissioner Carollo here, so we have a quorum. Thank you, sir. At this time, we have one proclamation, but it's Commissioner Suarez; we have to wait for him. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00796 PRESENTATION Honoree Pedro Riveron PRESENTED Presenter Protocol Item Commissioner Certification of Suarez Appreciation Commissioner Suarez presented a Certification of Appreciation to Pedro Riveron honoring his valuable community service in helping children stay out of gangs; furthermore commending his dedication to civic responsibility, communal welfare and commitment to elevating the quality of life in Miami. Chair Gort: Before we go on, Commissioner Suarez, you have a presentation. Commissioner Suarez: Thank you, Mr. Chair. I'll be very brief. City of Miami Page 3 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: You're recognized. Commissioner Suarez: Thank you, Mr. Chair. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY Todd B. Hannon (City Clerk): Chair, I have for Commission consideration and approval the regular meeting minutes from the May 14, 2015 Miami City Commission meeting. Commissioner Sarnoff So move. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: At this time, let me ask a question: Do we have any veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Okay, thank you. We'll go over the minutes in a minute. Chair Gort: Madam Attorney, could you express [sic] the procedures, please? Victoria Mendez (City Attorney): Thank you, Mr. Chairman. We will now state the procedures to be followed during this meeting. Any person who is a lobbyist must register with the City Clerk and comply with related City requirements for lobbyists 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 today 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. City of Miami Page 4 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notifir the City Clerk. The lunch recess will begin at the conclusion of 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 may announce, if the Chair allows, which items are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you, ma'am. Mr. Manager. Daniell Alfonso (City Manager): Mr. Chairman, thank you. We have an item that we would like to defer, and that is DI.3, the audit results. Chair Gort: DI.3. Mr. Alfonso: Yes, sir. Chair Gort: Defer to when? Mr. Alfonso: To the next meeting, Commissioner; June 25. Chair Gort: Okay, anything else? Mr. Alfonso: That is all for us. Chair Gort: Any of the Commissioners like to pull any item or --? Okay. Do we have minutes to be approved? Todd B. Hannon (City Clerk): Chair, is there a motion? Commissioner Carollo: Move it. Commissioner Sarnoff Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Sarnoff All in favor, state it by saying "aye." The Commission (Collectively): Aye. Later... Chair Gort: What else? Let me ask a question. Do you have the -- my understanding, the -- we only have one Zoning & -- Planning & Zoning item. Ms. Mendez: We have, starting at 2 p.m., PZ.1 and 2. My understanding is that the District 5 Commissioner will not be here, so he would ask that it would be reset for the next date, which is June 25. Chair Gort: Okay. So the District 5 Commissioner is requesting that it be deferred to the 25th? Ms. Mendez: Yes. City of Miami Page 5 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Okay. Ms. Mendez: Now, we would have to take action at 2 p.m., but if it's something that you're inclined to do, we can start calling people, but formal action should be taken at 2. Chair Gort: Discussion. Commissioner Sarnoff Mr. Chair, why don't you lead the way? Chair Gort: No, my understanding, the -- you know, it's -- I hate to delay things, but if the district Commissioner is requesting -- always, in the past, we sort of respected that, so. Commissioner Carollo: Not always. Chair Gort: Not always, I understand. Sometimes, when it's too many times, then we need to action. But this will be the first time this will be asked to be deferred by the Commissioner, and he's not here, so it'd be very difficult to -- Commissioner Sarnoff So let me then go on the record saying I'll support that position. Chair Gort: Okay. Commissioner Sarnoff Just so they can plan their day. Commissioner Carollo: I will support it, too. Chair Gort: Okay. So -- Ms. Mendez: We'll start calling those involved. I believe the Planning director has access to the applicant's information, and then they'll be here at 2 if there's any objection, obviously, and then you can -- Chair Gort: Well, my understanding is, if we can put any signs up there, it would be favorable; also, if we can start announcing that this will not be heard; that it's been deferred by the request of the Commissioner, okay? Thank you. I need a motion. Commissioner Sarnoff So move. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Carollo. Commissioner Carollo: Hold on. I want to verf. We're making a motion to defer it? Chair Gort: Yes, sir. Ms. Mendez: I think -- the only problem is because the applicant may be against any deferral -- Chair Gort: We'll wait until 2 o'clock. Ms. Mendez: -- we'll wait till 2 o'clock, but at least they know, more or less, that they need to start, you know, either telling people or -- you know, so it's not a surprise at 2, depending on what occurs. Chair Gort: Okay. What else do we have? Ms. Mendez: I believe that there's a pocket item by one of the Commissioners. Okay. City of Miami Page 6 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Alfonso: And we have an executive session, also. Ms. Mendez: And I believe you have a CRA (Community Redevelopment Agency) meeting. Chair Gort: CRA meeting at 12 o'clock. Commissioner Sarnoff. What time? Commissioner Carollo: Twelve. Chair Gort: CRA is at 12. Ms. Mendez: And then we have an executive -- Commissioner Carollo: (UNINTELLIGIBLE) this after. Ms. Mendez: -- a labor executive session meeting today at 2. Later... Chair Gort: Okay, anything else? The CRA meeting -- let me see, what time is it? Commissioner Sarnoff How are we going to have a C -- well, the Chairman's not here. Chair Gort: Hmm? Commissioner Sarnoff I mean, isn't -- Chair Gort: I'm chairing the meeting. Commissioner Sarnoff Oh, I'm sorry. Chair Gort: I was asked to chair the meeting as Vice Chair. Commissioner Carollo: I think it was posted for 12 or thereafter, so. Chair Gort: Let's take a break and come back at 12. Commissioner Sarnoff Come back at 12? Chair Gort: And I think that's it; we're done for the day. Commissioner Sarnoff I guess we have to come back to make -- Chair Gort: At 2 o'clock. Commissioner Sarnoff -- and adf ourn the -- Chair Gort: We will come back at 2. Commissioner Sarnoff What you might be able to do is we pass the reso now; you come back, chair the meeting and it becomes a retro proposal. Commissioner Carollo: I will yield to the City Attorney on that. City of Miami Page 7 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Madam Attorney, that's a suggestion from Commissioner Sarnoff. Ms. Mendez: Yeah. Commissioner Sarnoff That we would do a resolution now that would adjourn -- that would continue PZ 1 and 2, and then the Chair could just come here and announce the resolution. Ms. Mendez: Because -- Commissioner Sarnoff Trying to give the Commissioners some of their day, that's all. Ms. Mendez: Right. The -- we will be here, because we have executive session, and we have the CRA. The only problem is I'm not sure, since we have not discussed -- it wouldn't be a problem if the applicants were here, but since the applicants aren't here right now, and I think that they were not thrilled with the possibility of a deferral or a continuance, so they have a right to speak on it, so that's the only reason. It's a little different than the procedural ones that we know ahead of time that there won't really be an objection, and we, you know, post it and -- but the applicant may have a -- the co -applicant may have a problem with that. Chair Gort: Okay. It's -- Commissioner Sarnoff Isn't the City the applicant? Ms. Mendez: We're co -applicants, I believe. Commissioner Sarnoff Isn't the City the applicant? Chair Gort: The City is the applicant. Commissioner Sarnoff City is the applicant, so we're objecting to our own application. So the Administration -- Ms. Mendez: Well, if we're the co -applicants, give me one second, then, to -- Commissioner Sarnoff I know we're the applicant. We are the applicant. Ms. Mendez: I thought we were the "co," that's why. Give me one second. Commissioner Sarnoff So the Administration is opposing the Commission. Interesting. Interesting. Mr. Alfonso: The Administration -- Commissioner Sarnoff By the way, I'd like to get some things off my chest, then, if you're going to do that. Chair Gort: Any -- you guys want to have any discussions until 12, or you want to take a break and come back at 12? Mr. Alfonso: Commissioners -- Ms. Mendez: We are co -applicants, Commissioner. Mr. Alfonso: Right. City of Miami Page 8 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff Ah, okay. Ms. Mendez: But if not, this would have been a lot easier, like you suggested. Chair Gort: Okay, gentlemen, be back at 12. I don't think it'll be long. Thank you. Ms. Mendez: So then at 2, we go -- Chair Gort: No, that's not -- Ms. Mendez: Well, we have at -- Chair Gort: We'll come back at 12 -- Ms. Mendez: Right. Chair Gort: -- then we'll decide what time we coming back. Ms. Mendez: Okay, thank you. Chair Gort: Mr. Clerk, what time is it? Nicole N. Ewan (Assistant City Clerk): Chair, it's 2:34. Chair Gort: I got them out of the (UNINTELLIGIBLE). Ms. Ewan: Supposed to come back at 2:30. Chair Gort: I got them out of base, huh? Commissioner Carollo: Are we doing an executive session? City of Miami Page 9 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00581 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), APPROVING THE THIRD OPTION TO RENEW TO THOMAS MAINTENANCE SERVICES, INC. FORAONE (1) YEAR PERIOD FOR FISCAL YEAR 2015-2016 IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14 FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING, M-0082"; ALLOCATING FUNDS FOR SAID THIRD YEAR OPTION TO RENEW FROM ACCOUNT NO. 20-650003 (SPECIAL REVENUE); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD OPTION TO RENEW, IN SUBSTANTIALLY THE ATTACHED FORM. 15-00581 Summary Form.pdf 15-00581 Pre-Legislation.pdf 15-00581 Legislation.pdf 15-00581 Exhibit - Agreement.pdf CA.2 15-00621 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0246 RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY"), AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR THE CITY'S USE OF APPROXIMATELY 7,734 SQUARE FEET OF OFFICE SPACE AT THE LINDSEY HOPKINS TECHNICAL COLLEGE, LOCATED AT 750 NORTHWEST 20TH STREET, MIAMI, FLORIDA, AT AN ANNUAL RENT OF ONE AND NO/100 DOLLARS ($1.00) PLUS BUILDING OPERATING EXPENSES, FOR THE OPERATION OF THE WORKFORCE DEVELOPMENT OFFICE ("OFFICE"), AND AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $35,000.00, FROM THE SPECIAL REVENUE FUND ENTITLED "ACCESS MIAMI," TO FUND THE OPERATING EXPENSES OF THE OFFICE. 15-00621 Summary Form.pdf 15-00621 Legislation.pdf 15-00621 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon City of Miami Page 10 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 CA.3 15-00617 Department of Fire -Rescue CA.4 15-00536 Department of Parks and Recreation R-15-0247 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT #C3013 AWARD FISCAL YEAR 2014-2015," IN AN AMOUNT NOT TO EXCEED $33,239.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") THROUGH THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS FOR THE PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM FOR COUNTIES"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT LETTER OF UNDERSTANDING/AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY RELATED GRANT DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 15-00617 Summary Form.pdf 15-00617 Legislation.pdf 15-00617 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0248 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE TOTAL NOT TO EXCEED AMOUNT OF NINETY-ONE THOUSAND, SEVEN HUNDRED AND THIRTY-SEVEN DOLLARS ($91,737.00) ("GRANT"), FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("FOUNDATION") TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") WITH CITY MATCHES TOTALING NOT TO EXCEED TWO HUNDRED AND TWENTY-NINE THOUSAND, EIGHT HUNDRED AND SEVENTY-FOUR DOLLARS ($229,874.00) ("CITY MATCH") FROM PARKS GENERAL FUND ACCOUNT NUMBER 00001.29599.513000 FOR A HEALTH, WELLNESS AND OBESITY PREVENTION PROGRAM'S PROJECT "I AM FIT MIAMI" COMMENCING AUGUST 1, 2015 THROUGH JULY 31, 2016 (COLLECTIVELY, "PROGRAM"); ESTABLISHING AND APPROPRIATING THE GRANT AND THE CITY MATCH FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED: "HEALTH FOUNDATION OF SOUTH FLORIDA HEALTH, WELLNESS AND OBESITY PREVENTION PROGRAM GRANT FOR PARKS 2015-2016," TO FUND THE DEPARTMENT'S PROGRAM AT TWENTY (20) PARKS THROUGHOUT THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT WITH THE FOUNDATION, IN SUBSTANTIALLY THE ATTACHED FORM ("GRANT City of Miami Pagr 11 Printed on 7/24/2015 CA.5 15-00649 Department of Parks and Recreation City Commission Meeting Minutes June 11, 2015 AGREEMENT"), AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT FOR COMPLIANCE WITH THE GRANT AGREEMENT AND IMPLEMENTATION OF THE PROGRAM'S PROJECT "I AM FIT MIAMI". 15-00536 Summary Form.pdf 15-00536 Back -Up Grant Application.pdf 15-00536 Legislation.pdf 15-00536 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0249 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE TOTAL AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) ("GRANT"), FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("FOUNDATION") TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") WITH CITY MATCHES TOTALING A NOT TO EXCEED AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) ("CITY MATCH") FROM PARKS GENERAL FUND ACCOUNT NUMBER 00001.29599.513000 FOR A HEALTH, WELLNESS AND OBESITY PREVENTION AFTERSCHOOL PROGRAM ENTITLED "FIT2PLAY MAGIC IN MIAMI" ("PROGRAM") COMMENCING AUGUST 1, 2015 THROUGH JULY 31, 2016; ESTABLISHING AND APPROPRIATING THE GRANT AND THE CITY MATCH FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED: "HEALTH FOUNDATION OF SOUTH FLORIDA "FIT2PLAY MAGIC IN MIAMI" GRANT FOR PARKS 2015-2016," TO FUND THE DEPARTMENT'S PROGRAM AT HENDERSON PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO CITY ATTORNEY, A GRANT AWARD AGREEM ENT WITH THE FOUNDATION ("GRANT AGREEMENT"), AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT FOR COMPLIANCE WITH THE GRANT AGREEMENT AND IMPLEMENTATION OF THE PROGRAM. 15-00649 Summary Form.pdf 15-00649 Legislation.pdf 15-00649 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon City of Miami Page 12 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 R-15-0250 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 15-00595 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANALYSIS Economic OF IMPEDIMENTS TO FAIR HOUSING CHOICE (Al)""FOR FISCAL YEARS Development 2015-2020, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AI FOR FISCAL YEARS 2015-2020 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 15-00595 Summary Form.pdf 15-00595 Notice to the Public.pdf 15-00595 Legislation.pdf 15-00595 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0251 Chair Gort: PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution authorizing the approval of the City of Miami's Analysis of City of Miami Page 13 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Impediments to Fair Housing Choice for fiscal years 2015 to 2020. Chair Gort: Thank you, sir. This is a public hearing. Is anyone in the public would like to address PH.1 ? Seeing none, hearing none, close the public hearings. Question: My understanding is this -- the whole study is to see what is the impediment of getting additional housing for workforce and affordable housing. Mr. Mensah: Yes. Chair Gort: The answer -- I think our answer should be money. Mr. Mensah: Yeah. That's one of the -- Chair Gort: That's the largest impediment. Mr. Mensah: Yes, it is. And we did note that in the document. Chair Gort: Commissioner, we're discussing PH.1. Any further discussion? You got some very good information here. Mr. Mensah: Yes, sir, yes. Chair Gort: I like some of the statistics in there. Mr. Mensah: Yes, it is. Chair Gort: Seeing none, hearing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 15-00539 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT ("WASD"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FOUR HUNDRED FIFTEEN (415) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR WASD TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH WASD HAVING 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. 15-00539 Summary Form.pdf 15-00539 Notice to the Public.pdf 15-00539 Legislation.pdf 15-00539 Exhibit - Grant of Easement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 14 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0252 Chair Gort: PH.2. Daniel Rotenberg: Good morning, Commissioners. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. PH.2 is a resolution authorizing the City Commission -- the City Commission authorizing the City Manager to execute a grant of easement to WASD (Miami -Dade Water & Sewer Department), the Sewer Department; perpetual non-exclusive easement of approximately 416 square feet located on Watson Island. Chair Gort: Thank you, sir. It's a public hearing. Is anyone in the public would like to address this; PH.2, anyone in the public? Seeing none, hearing none, close the public hearings. Commissioners. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner -- Commissioner Carollo: Second. Chair Gort: -- Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 15-00541 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "JOMA ESTATES," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00541 Summary Form.pdf 15-00541 Notice to the Public.pdf 15-00541 Legislation.pdf 15-00541 Attachment 1.pdf 15-00541 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 15 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 R-15-0253 Chair Gort: PH.3. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. PH.3 is a resolution approving the third option to renew Thomas Maintenance Services, Incorporated, for a one-year period, in an annual amount not to exceed $152, 686.14 for the project entitled "City Lots and Right -of -Way Landscaping, M-0082." Chair Gort: Okay. Victoria Mendez (City Attorney): Which item, Mr. Santamaria; which item are you talking about? Mr. Santamaria: PH.3. Chair Gort: PH.3. Ms. Mendez: I believe that PH.3 is a plat accepting Joma Estates. Mr. Santamaria: My apologies. Chair Gort: You're in a hurry. Mr. Santamaria: I withdraw. Chair Gort: You're in a hurry. Mr. Santamaria: PH.3. PH.3 is a resolution accepting the proposal, a plat of Joma Estates, located along the north side of North Venetian Drive on Biscayne Island. Chair Gort: Okay. Anyone in the public, now that we have the right item, would like to speak on this item? Seeing none, hearing none, we'll close the second time. Do I have a motion? Commissioner Suarez: So moved. Chair Gort: It's moved by Commissioner -- Commissioner Carollo: Second. Chair Gort: -- Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 15-00542 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "KINLOCH PARK RE -PLAT," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY City of Miami Page 16 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00542 Summary Form.pdf 15-00542 Notice to the Public.pdf 15-00542 Legislation.pdf 15-00542 Attachment 1.pdf 15-00542 Exhibit A.pdf Motion by Commissioner Carollo, 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-15-0254 Chair Gort: PH.4. Eduardo Santamaria: PH.4 -- I think have it right this time. Good morning, Commissioners. Once again, Ed Santamaria, director of Public Works. PH.4 is a resolution accepting the proposed plat of Kinloch Park Re -Plat, located along the east side of Northwest 47th Avenue and Northwest 4th Terrace. Chair Gort: Thankyou. Commissioner Suarez: So moved. Chair Gort: It's a public hearing. Is anyone in the public would like to address this issue? Is there anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Moved by Commissioner Carollo. Commissioner Carollo: Move it. 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. PH.5 RESOLUTION 15-00630 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, CONFIRMING, APPROVING AND RATIFYING THE CITY MANAGERS WRITTEN FINDINGS AND RECOMMENDATIONS; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF ONLINE CANDIDATE FINANCIAL REPORTING SERVICES FROM VR SYSTEMS, INC. ("VRS"), A FLORIDA PROFIT City of Miami Page 17 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 CORPORATION, FOR THE OFFICE OF THE CITY CLERK; IN AN AMOUNT NOT TO EXCEED $5,000.00 FOR THE INITIAL YEAR IMPLEMENTATION, TRAINING AND SERVICES; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.121000.534000.0000.00000 FOR SAID PURPOSE, WITH FUNDING FOR FUTURE ANNUAL RENEWALS TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE OFFICE OF THE CITY CLERK, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE, LICENSE, MAINTENANCE AND SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ANY RENEWALS, AMENDMENTS, EXTENSIONS AND MODIFICATIONS TO THE SAME, AFTER CONSULTATION WITH THE CITY ATTORNEY. 15-00630 Summary Form.pdf 15-00630 Notice to the Public.pdf 15-00630 Memo - Manager's Approval.pdf 15-00630 Legislation.pdf 15-00630 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0255 Chair Gort: PH.5. Todd B. Hannon (City Clerk): Good morning, Commissioners. PH.5 is a public hearing item, a four -fifths bid waiver for the provision of online candidate financial reporting services from VR Systems, Incorporated. Commissioner Suarez: Move it for discussion. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second. We'll now open the public hearing. Anyone in the public would like to address this issue; anyone in the public? Seeing none, hearing none, close the public hearing. Discussion. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. I'll be brief. I just want to thank the Clerk for his work on this. I think transparency in financial reporting for candidates is extremely important in making it easier for all candidates, whether they be elected officials or non -elected officials, to publish their financial data, and contributions and expenses. I think it's something that's in the public's best interest, and it's a very nominal amount that we're paying for that service. So I just want to commend him for his work in making it happen so quickly. Mr. Hannon: And thank you for your support, Commissioner Suarez, and Commissioner Carollo, Commissioner Gort and Commissioner Sarnoff. Chair Gort: Mr. Clerk, would you do me a favor and explain what the process is and what changes are going to take place. City of Miami Page 18 Printed on 7,24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Hannon: Certainly. Currently, right now, the City of Miami accepts campaign treasurer reports from candidates in a paper format. What this bid waiver is going to allow the City to do is to essentially accept campaign treasurer reports electronically, making it more convenient for candidates to be able to file their required campaign treasurer reports in accordance with State Statutes. So now, candidates will either have the ability to file electronically or still have the paper option. I will be corning -- I will keep you updated on our progress with -- regarding the implementation of this service; and additionally, legislation will be brought back to the Commission, officially stating the City of Miami's policy when it comes to electronic and paper submissions of these reports. Chair Gort: Thank you. Just want to make sure the public understands what the process is. Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF PUBLIC HEARINGS FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 15-00614 Department ofSolid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22/ARTICLES I AND II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" TO CLARIFY AND AMEND REGULATIONS FOR FRANCHISEES; PROVIDING FOR REQUIREMENTS FOR FRANCHISEES TO HAVE A RECYCLING PLAN AND OTHER PROVISIONS AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00614 Summary Form SR.pdf 15-00614 Complete Legislation SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: FR.1. Mario Nunez: Good morning. I'm Mario Nunez, director ofSolid Waste. I'm here this morning for the first reading in regards to some changes to some provisions of Chapter 22. Let me give you just a quick summary so you understand the proposed changes that we 're making. Some of the changes basically incorporates the definition of "organic waste," `produce market" and "waste to energy facility" into Chapter 22; establishes updated standards for garbage bin sizes and minimum frequency to help mitigate the issues of overflowing situations and general sanitary issues at multi family dwellings; fixed the per -account fee of $75, which is still the same, regardless of when the new account is acquired by the private hauler. It does provide new requirements for permitted haulers to provide recycling plans, recycling reports to City staff; literature provided to the customer base in different languages, included but not limited to information about recycling options and opportunities that the residents have, including actually City of Miami Page 19 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 multi family buildings, retail and office locations. It does define a general boundary of a produce area where we can establish a new ways to collect and dispose of vegetative materials other than land filling. This is in general terms what the proposed changes are being made in the ordinance for your consideration. Chair Gort: Thank you, sir. Is anyone in the public would like to address this issue? Seeing none, hearing none, I'm going to close the public hearing. Let me tell you, this is something that came out in some of the inspection we did and especially in the produce market where we saw a lot of the property owners, and a lot of the people in the business were throwing away all these vegetables, and fruits and so on, and my understanding, that can be -- they can save money, we can make money by doing so and preserve the economy of the place, and clean up the place. Thank you. Do I have a motion? Question? Commissioner Carollo: Yeah. Move it; discussion. Chair Gort: Motion by Commissioner Carollo; second by Commissioner Sarnoff. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Mr. City Clerk, if this passes on first reading, when will it be anticipated to come back for second reading? Todd B. Hannon (City Clerk): I will defer to the Manager as to when he would like to bring this back for second reading. Daniel J. Alfonso (City Manager): The first meeting in July. Commissioner Carollo: First meeting in July. Okay. Mr. Director, I think there's some very good things in this ordinance. There's a few things that I would want to discuss further, so before first reading and second reading, if we can meet so we could get into more details about some of the specifics of some of the areas that I saw. Is that possible? Mr. Nunez: Absolutely. Commissioner Carollo: Okay. Chair Gort: Thank you. Further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.1. Commissioner Sarnoff Commissioner Sarnoff Yes. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes, on first reading. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on -- Commissioner Suarez. City of Miami Page 20 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 RE.1 15-00596 Department of Community and Economic Development RE.2 15-00648 Commissioner Suarez: Yes. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thankyou. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS FROM THE POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 14010.910101.882000 TOTALING $381,000.00, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 15-00596 Summary Form.pdf 15-00596 Legislation.pdf 15-00596 Exhibit - AttachmentA.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0256 Chair Gort: RE.1. George Mensah: Commissioners, George Mensah, director of Community Development. RE.1 is a resolution authorizing the allocation of funds from the Poverty Initiative account, totaling 381,000 to the agency that's specified in the attachment. Chair Gort: Thankyou, sir. Do I have a motion? Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. RESOLUTION City of Miami Page 21 Printed on 7,24/2015 City Commission Meeting Minutes June 11, 2015 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVEDAPRIL28, 2015, PURSUANT TO INVITATION FOR BIDS NO. 14-15-019 FROM FLORIDA TURF AND LANDSCAPING HORTICULTURE, INC. (PRIMARY) AND SFM SERVICES, INC., (SECONDARY) FOR THE PROJECT ENTITLED "BRICKELL AVENUE LANDSCAPING AND MAINTENANCE CONTRACT, M-0086", IN AN ANNUAL AMOUNT NOT TO EXCEED $427,215.00; AUTHORIZING UP TO FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $427,215.00; ALLOCATING SAID FUNDS, FROM SPECIAL REVENUE ACCOUNT 20-650003; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTORS PERFORMANCE. 15-00648 Summary Form.pdf 15-00648 Legislation.pdf 15-00648 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-15-0257 Chair Gort: RE.2. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. RE.2 is a resolution awarding a contract to Florida Turf and Landscaping Horticulture, Incorporated, in an annual amount not to exceed $427, 215 for the project entitled "Brickell Avenue Landscaping and Maintenance Contract, M-0086." Commissioner Suarez: So move. Chair Gort: Thank you. It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second for discussion. Chair Gort: Second by Commissioner Suarez. Discussion. You're recognized, Commissioner. Commissioner Suarez: Thank you, Mr. Chair. Mr. Santamaria, how is the citywide contract going? Mr. Santamaria: The citywide contract for traffic circles? Commissioner Suarez: No -- yeah, for -- exactly. Mr. Santamaria: Traffic circles, we had a couple of hiccups, but -- Commissioner Suarez: I noticed some improvement, by the way. Mr. Santamaria: Yeah. Commissioner Suarez: I want to say I have noticed some improvement. I just wanted to get your City of Miami Page 22 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 perspective on that. I asked it in the briefing. Mr. Santamaria: We've had a couple of hiccups, but I think that that's just part of the regular kind of starting phase of a project, and I have noticed the same improvement that you have. Commissioner Suarez: Yeah. Mr. Santamaria: And we continue to work with the contractor, which is -- in that case, it's SFM. It's a different contractor -- Commissioner Suarez: Yeah. Mr. Santamaria: -- to make sure that the performance -- Commissioner Suarez: No, I understand. And, you know, again, I am -- I've kind of held off on Coral Way, per se, because of FDOT (Florida Department of Transportation) construction and we haven't -- we're trying to find a plan to improve Coral Way that's sustainable, because I think one of the issues with Coral Way is because of the beautiful trees, the underlying landscaping is kind of very hard to maintain, and very hard to keep consistent. But, look, I commend you for the work that you guys are doing in trying to right this ship. It's been a source of frustration, I think, for all of us for many, many years. We have a traffic circle we're doing right now on 12th Street and 31stAvenue. I'm just giving you a heads up. We're going to do like a time lapse once it's built, because it's going to be beautiful once it's built. They always turn it over to us in a beautiful fashion, so we're going to take a one -day picture, day one picture, day 10 picture, day 20 picture, day 30 picture. So, hopefully, it'll be as nice on day 30 as it is on day one. I'm just -- I'm giving you a forewarning, we're going to be doing that. So, you know, not that I want you to just pay attention to that one traffic circle to the exclusion of the other ones, but, you know, I think one of the things that has been a source of frustration for all of us is the traffic circle gets done, it's gorgeous, it's -- the community loves it, day one is awesome; and day 60, you go back, and it's like, you know, it looks very unkempt. So just giving you the heads up. Mr. Santamaria: Commissioner, I appreciate the heads up in connection to the traffic circles and the contractors, and I think that we'll get to a point where, on day 60, the traffic circle will look just as good, if not better than the day it was initially installed. Commissioner Suarez: That's my whole point. Mr. Santamaria: Regarding Coral Way, just this week, I signed the notice to proceed on that contract, so we'll be seeing an improvement there, as well. Commissioner Suarez: Awesome. Chair Gort: Let me -- tra lc circle were -- when I got back in January, they were already here. But I understand some of the circles go all the way up to $250, 000. Mr. Santamaria: The construction cost in some of the traffic circles, sir, yes, is estimated at $250, 000. Chair Gort: Do we have a cost of the maintenance of those circles? Because I would like to see that, because in my district, what I've done is I have asked them to do the studies. Maybe some of my streets are not that wide, but I opt for the street bonds, because I'd rather spend the money fixing the certain roads that needs to be fixed, especially in Allapattah, and Grapeland, and Flagami, where some of the roads are in bad shape. So I think that's something maybe that we should be looking at, because not only the construction of it, how safe they really are. All through Miami Beach, you can see the street bonds working -- over there in Pine -- what is that? City of Miami Page23 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 -- it's the Pine -- Mr. Santamaria: Pinetree. Chair Gort: -- Pinetree Drive, you see them all over and they work; they slow people down. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I just wanted you to know that we're doing kind of an experiment in Silver Bluff which is we've created a traffic mitigation plan for the entire Silver Bluff, which basically has what you said, a speed table in every block, all the way through Silver Bluff, with a view of obviously slowing down non -neighborhood traffic. And we've gotten a preliminary approval on 26 of the 32 speed tables, and obviously, having, hopefully, a new County official in -- as the head of transit in Alice Bravo will help foster good relationships between the City and the County going forward. Chair Gort: I'm looking forward to that, because I been going at it for three years now, and I think I got four approved, so -- Commissioner Suarez: By the way, I'm at four -- Chair Gort: -- I'm not doing very good. Commissioner Suarez: I'm -- well -- Chair Gort: I think, 26, you're doing great. Commissioner Suarez: -- let me tell you, I'm at four so far. I've actually done four or six -- Chair Gort: Huh? Commissioner Suarez: -- in total, but -- yeah. But for this project, hopefully, it'll be -- it'll change. Chair Gort: Right. Any further discussion? Commissioner Sarnoff Can Igo off on a tangent? We don't have a big meeting, so -- Commissioner Suarez: Hopefully. Commissioner Sarnoff -- I'm going to -- I'd like to tender a project to Commissioner Suarez, because I'm done, and that happens to be the Kennedy bathrooms. There is nothing I can do to move this Administration along, so I hereby give you this project. Commissioner Suarez: Okay, that's fine. I'll accept on one condition. Commissioner Sarnoff Go ahead. You have all the money that's appropriate -- it's not a money problem. Commissioner Suarez: I will accept -- Chair Gort: What project again? City of Miami Page 24 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: -- that on one con -- Chair Gort: Which project? Commissioner Sarnoff It's the Kennedy Park bathrooms. Commissioner Suarez: And I will accept -- Chair Gort: Kennedy Park bathroom. Commissioner Sarnoff Kennedy, Kennedy. Commissioner Suarez: -- it on one condition. Commissioner Sarnoff Go ahead. Commissioner Suarez: We need to get Douglas Park open. Commissioner Sarnoff Oh, I -- Commissioner Suarez: So -- Commissioner Sarnoff -- don't disagree with you, not at all. Commissioner Suarez: -- I'll throw that one back on you -- Commissioner Sarnoff I don't -- look -- Commissioner Suarez: -- because we had promised the community that that was going to be open in November, December, and Merrie Christmas Park opened, which is viewed -- which is a nice area. It's a beautiful park, and it's a nice area, and people love that park. It's an incredible park. But what happens is, some people in the surrounding area from Douglas say, "Hey, you know, Douglas is still closed, but yet, Merrie Christmas Park, which is a very nice park, has opened up for the public, " which is great. You know what I mean? They should both be open is really the bottom line. Commissioner Sarnoff Can I brief you a little bit on that? Commissioner Suarez: Sure. Commissioner Sarnoff I went to the public meeting on that. So we were going to reuse some of the equipment in Douglas Park. Your workout equipment is first generation equipment. Commissioner Suarez: Yeah, it's -- Commissioner Sarnoff They're now up to third generation equipment. The playground is second generation playground. They're now up to fourth generation playground. And we were going to work around it to open those facilities up first. And then a decision was made with the director -- I'm not sure I was all that involved, but I understand what they were saying. Why don't we just redo the whole park? Commissioner Suarez: Okay. Commissioner Sarnoff Instead of getting 80 percent of a new park, let's do a hundred percent of a new park. The community center -- I don't mean to be jokingly, but it's really your community City of Miami Page 25 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 center in Coral Gate -- that's obviously going to happen. We're going to redo the parking area. We were not going to redo the parking area. We were not going to touch the blacktop, and I think, as you all know -- I think Commissioner Carollo knows and you know, maybe even better than me -- as soon as you come off the curb, that particular park goes down -- Commissioner Suarez: Yeah. Commissioner Sarnoff -- pretty steep; very much like Merrie Christmas Park. Commissioner Suarez: Yeah. Commissioner Sarnoff And what we're going to do is re -grade the entire park, so when you step down, you're not stepping down four feet; you may be stepping down one foot. So the whole park, from the parking lot to, as you know, all the way to the baseball field, will be re -graded. The only thing that won't be a hundred percent redone, because it doesn't need to be, is the tennis court, which will get resurfaced. It was already -- we'd done work on that, four years ago; and the basketball court, again, work was done on that, four years ago. In doing the re -grading of everything, it's pushed off the date of commencement, I am told Commissioner, to October. Commissioner Suarez: To commence? Commissioner Sarnoff To commence. Commissioner Suarez: Okay. Commissioner Sarnoff I am told that's been pushed off to October. Now, probably a good question -- Commissioner Suarez: What about completion? Commissioner Sarnoff -- to Ms. Bravo, who -- that's who I dealt with on when something is going to occur, and we're not going to have her here all that much longer -- is I still don't think we have Wilbur Majorca a notice to proceed; meaning I don't think he's agreed with our plan yet. So I want to put that on you all, too. I understand instead of doing 80 percent, you're going to do a hundred percent, and I like that idea. I don't know why July becomes October because of that, but I'm sure there are some reasons. Commissioner Suarez: Yeah; probably have to design more and you have to -- whatever. Commissioner Sarnoff Right. But I want you to know what I was told and what we told the community. Commissioner Suarez: What's the completion -- I mean, if it starts in October, when? Commissioner Sarnoff Completion would be sometime in March. Chair Gort: Who knows. Commissioner Sarnoff No? Chair Gort: Let me tell you something. Last year -- and we -- Commissioner Sarnoff Wait, wait, wait. Chair Gort: -- are going to discuss this for a while. This is something that is very important to City of Miami Page 26 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 all of us. Last year, I remember, just before the summer came in -- and Chief correct me if I'm wrong -- but a lot of the petty crimes that take place, it takes place during the summer; that's when we have increase in crimes. The kids, they're not in school, they don't have anything to do. In our parks, the amount of activities that we have in our parks is great, and I can tell you because of Curtis Park. Curtis Park, that baseball field is constantly being used. Those kids -- you're talking about at least two or three hundred kids that are there doing their sports and doing their thing. We have gone to DERM (Department of Environmental Resource Management). I've met with the -- Commissioner -- Chairman Monestime and the DERM people and all that. Our people have taken plans to DERM, and they constantly are changing them there. So that's -- I kept telling the City Attorney, I think that someday, we might have to sue DERM, because it's impossible that we have spent three years. Our people have come up with plans, how to mediate, how to do it, and they reject it, and they'll change or they'll find another space. And this has got to stop someday, because I know they tried. I know they presented three or four, and now that the -- Alice is going to be part of the Administration there, maybe somehow, you can connect transportation to parks, how important parks are for transportation. But I think we need to do something. Yes, ma'am. Commissioner Sarnoff Can -- could you address -- because you seem to be objecting to the dates I was given. And I just want you to know the only information I get is from your office. It isn't like -- I've been to Majorca's office, I've sat through a couple meetings, but, you know, I think all of us rely upon you all to do these plans and to get these dates. I mean, I was with Jeovanny not a week ago, less than a week ago, and this is what was reported to me. And you seem to be objecting to my dates. Alice Bravo: I want to -- Alice Bravo, Deputy City Manager. I'd like to explain what has evolved. The original plan for this park was, "A, " to clean the area immediately surrounding the playground so that the playground could be opened up first; and then, we would proceed with the remediation for the rest of the park. This is a very large park. It has a significant environmental history, so the park project by itself is substantial enough that it needs to be put out to bid. Now, the playground area and opening that up, that was originally going to be done with the JOC (Job Order Contract) contract. In looking at the overall park with our new Parks director, he sees the opportunity to enhance this park significantly with regard to its layout. So its layout affects the remediation plan that has to be presented to DERM. So as part of that discussion, it was deemed best to replace the playground that's at the park, as you mentioned. So, if that's going to be done, then it's better to include it as part of the overall remediation of the park. So we've been working with our consultants and the Parks director to finalize what the plan for the park is going to be. Once that is solidified, then our engineer can solidify the remediation plan and get that approved by DERM, have a full spec package and put that out to bid. So this is the process. We're in June. That requires several months. The -- our designer is committed to turning his remediation plan around in a couple of weeks and getting that in to DERM. DERM is committed to reviewing it as quickly as possible so that we can put the project out to bid. Commissioner Sarnoff I gave an October start date. Was I wrong? Ms. Bravo: I think that that seems aggressive. Commissioner Sarnoff I got to say this, you know, I'm going to say this to you, you know, Mr. Alfonso, we all live and die by what we say at public meetings, and we become liars to the community, because we're giving dates that we don't have a clue whether those dates are real, other than we've come to rely upon you, and you, I hope, rely upon the people you delegate your authority to. And so I was at a public hearing. I know your office was there. And I make this representation that we'll commence in October. It's bad enough I made a representation that we would commence in June; then I was told July, you know, and I made those representations -- City of Miami Page 27 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: And by the way, Mr. Chair, if may, we actually told the public that it was going to be open last November; that was the initial representation, last year. Oh, yeah, we told the public that the park would be open in November. I'm not saying that we had this plan already developed, and all these things have obviously changed the status of the opening, but when it first -- when this first happened that the park was shut down, and we had the conversation about when it was going to be open, we were told it was going to be open at the end of last year. And by the way, that's when Merrie Christmas Park was opened, so at least half of it was accurate. Ms. Bravo: Well, the funding for all park remediations was approved, I believe, in November, so Commissioner Sarnoff When? Ms. Bravo: I believe in late November. Commissioner Suarez: Yeah. Chair Gort: Yeah. Commissioner Sarnoff Okay. Chair Gort: But my understanding is any changes that we make delays it even more, because then you have to go back to design the whole thing again, and has to be approved by DERM. So in making our decisions, we have to -- what's the option? What do we want; open the parks? I understand we want to improve all the parks and so on, but let's get rid of remediation -- Commissioner Sarnoff I tell you what -- Chair Gort: -- and then we can do some of the other. Commissioner Sarnoff -- Commissioner Suarez, I'll make a commitment to you. I'll get construction started by October, on the date that was given to me not a week ago by this Administration, if you can get Kennedy Park bathroom. Commissioner Suarez: Okay. Commissioner Sarnoff Because that's only been three and a half years. Commissioner Suarez: I'll pull the permits on an owner/builder tomorrow, and I'll start chipping -- I'll start doing some demo work in there myself, it's a good workout. Commissioner Sarnoff I still say to this Administration, I'd rather not deliver incorrect news. I'd just as soon deliver the real news and live with it than seem to be -- because they call you a liar at the end of the day. You know, "At the end of the day, you lied to us, Commissioner." Chair Gort: I got to be frank with you. I don't use dates anymore. I tell people, "Look, it's going to take a while, I don't know when. I cannot promise you when, because of the procedure and the process we have to go through, you don't have a definite time. Things might change.' Commissioner Carollo: Mr. Chairman. Chair Gort: And I'm going out with the -- one of my parks. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Can -- is it possible to know what's the City of Miami Page 28 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 holdup on that bathroom? Because, in all fairness, Commissioner Sarnoff, I've seen you move mountains. I mean, just look next door and you see all the trees being planted in Regatta Park and so forth. So I'd like to see specifically what's happening with the bathroom, because, I mean, it seems sort of small compared to some of the other stuff that's been going on over the years. So what's the holdup with the bathroom? Is it design? Is it -- Commissioner Sarnoff says it's not funding, so it's the design? Where are we in the process. Jeovanny Rodriguez: Commissioner, Jeovanny Rodriguez, director of Capital Improvements. The original project for Kennedy bathrooms called for the renovation of the existing bathroom, and that was the project that was designed, and we started actually the renovation of that bathroom. Once we got in there and we started, you know, taking away some of the partitions, then it's when we determined that, really, the bathroom structurally was not in a good condition, it should not be repaired. So at that time, basically, that project died, and we had to engage again in a new design for the complete new bathroom and that's where we are right now. We're working on that design, but that was really the big holdup there. Commissioner Sarnoff So would you like me to hand him all the emails to show him the time sequences and dates? Mr. Rodriguez: Commissioner -- Commissioner Sarnoff I could correct you on the public record, because he's probably thinking, "Why, you just figured that out last week." Mr. Rodriguez: Oh, no, no, I'm not saying that, Commissioner. Commissioner Sarnoff No, I know, but that's the implication that's left here. How long ago was it determined that that bathroom was no longer good? Mr. Rodriguez: Uh -- Commissioner Sarnoff And ifI said two years, wouldl be wrong? Mr. Rodriguez: No, it was not two years, Commissioner. Commissioner Sarnoff No? Mr. Rodriguez: That we needed to rebuild the bathroom and not go forward with the renovations? It was not two years. Commissioner Sarnoff No? Mr. Rodriguez: No. I'm sure. Commissioner Sarnoff Eighteen months? Mr. Rodriguez: I don't think so, either. Commissioner Sarnoff No? Mr. Rodriguez: No. Commissioner Sarnoff I'll give Commissioner Carollo all the emails. Mr. Rodriguez: Okay. I mean -- City of Miami Page 29 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff And I'll make sure that Commissioner Suarez -- because we're going to call it "The Suarez Lavatory." Mr. Rodriguez: Okay. Commissioner Suarez: That's fine with me. Mr. Rodriguez: I mean, Commissioner, you can go back to the emails, but I -- Commissioner Sarnoff I'll give him all the emails. Mr. Rodriguez: -- don't think that's the timeline. Yeah. Commissioner Sarnoff I won't spare any of them. Mr. Rodriguez: Okay. Chair Gort: Let me ask a question, because I deal a lot with the CIP (Capital Improvements Program), and Jeovanny is very -- my understanding is the process that it takes from us making a decision here for it to be implemented is at least nine month. My understanding, there's certain steps that this process have to go through, and sometime, during those steps, they're hold in some offices, and that delays the process. And CIP -- in the end to all of us, it's very important, because that's what people see constantly. So somehow the -- and I know you're working, making some changes. I think the -- we got to look at the steps that we have to follow in order to get anything done. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. That's something that I have tried now for several years. I have brought it up as discussion items with numerous CIP directors that we've had over the last five, six years. I'm in the process again to meeting with the new director of CIP to go over that process and see how we could, you know, make it better and improve on it, because, once again, I keep saying it and I've said it before, it's very hard to explain to a community and to residents how, in District 3, they could demolish an existing business and construct another business within 45 days, and you know, we've established that from the time that we get Commission approval, it takes about a year for shovels to go into the ground. So again -- and I've heard of different excuses, one was a cookie cutter, various different arguments on why it could be done and why government cannot, but, you know, I will maintain the fight that I have over the last few years to see if now, with this new CIP director, we could discuss and see what the process is and how to, you know, cut off without, you know, cutting corners the time frame, because they'll tell you three months, at least three months for design, at least three months for permitting, at least three months for this, at least three months for that. And next thing you know, you're at that year. And then when you say, "Well, I thought we were starting at this date." "Well, we did, Commissioner. We started the design process." "But I thought it was shovels in the ground" "Oh, no, no, no, Commissioner, it's not that. We need to do this first, and then we need to do that. Oh, and don't forget, we need environmental." But the environmental is DERM, and next thing you know, we're at a year. So again, I'm going to continue to work with our Administration, with the new CIP director in order to see if we could somehow make sure that process is done more on a timely manner. And when I mean "timely," what I and I think the residents foresee as reasonable. Thank you. Chair Gort: Let me tell you what our problem is. The City Commission is different from being City of Miami Page 30 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 legislator. Being a City Commission, any time you go shopping, you go anywhere in your neighborhood, people come, "Wait a minute, you promised this park was going to be open, and our park has been there for two years, " or "This violation has been in front of my house for the last six, seven, eight month." We get hit all the time, believe me. Everywhere we go, people come up to me, and then you got to sit down and explain, well, the procedure is a little different from the private sector, public sector. In the private sector, I take actions and it gets done right away. Public sector, there's certain process they have to go. And I think somehow we got to work and see how we can reduce that process. Any further discussion? Well, that was -- Commissioner Sarnoff And there's a new choice coming -- I'm going to speak to Carollo on this - - that there's a new interpretation on the capacity of our consultants by the new Procurement director that will now slow us up an additional three to four months. So it hasn't gotten better; it's actually going to get a little worse. Chair Gort: Okay. Commissioner Suarez: Can't possibly get worse. Commissioner Sarnoff It can. And based on this new interpretation, you now have added about three months. Commissioner Suarez: Well I -- can -- Mr. Chair, can I say something? Chair Gort: Yes, go ahead. Commissioner Suarez: Listen, I've never been a huge advocate of in -housing things. You know what I mean? I'm not like the guy that says, "We should in-house something that we contract out, " because usually, the private sector is very efficient at delivering services at a lower cost. But what I think is happening or what I see happening is we get put on the shelf in these private companies, because they know they have the contract, they know they have the capacity. So we can be, you know, secondary or tertiary to their regular flow of business, and there's no pressure from them to deliver. If we had somebody, for example, maybe in-house, you know, who could do this constantly -- and particularly things that are fungible, like streets, sidewalks, you know, designing and permitting streets and sidewalks, I mean, that's stuff that it's -- I know there's cities - - some cities that do it all in-house, all the way through the -- you know, to the actual building of the streets, the sidewalks, the drainage. So I think Hialeah does it; it's one of them. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I have to admit and commend him. The best experience I had with a CIP project was with Johnny Martinez. I was actually bluntly told, "Listen, the vendor can't do it right now. He can't start at this date. He needs to start in two weeks. " And I spoke to Johnny Martinez at that time, and I said, "Johnny, I don't get it. Isn't there a second vendor, a third vendor that could do the work?" And Johnny agreed. We went to the second vendor, and it get - - it did get done on time, very good job, and we met the time, timeline. And I'll tell you the area it was, Grove Park. And most people think Grove Park is in Coconut Grove. It actually is not. It's very close to the Marlins Stadium. And the reason why we needed to start on time and finish on time was to finish the project prior to the starting of the season, because the starting of the season, obviously, you have parking and different issues that go along. So when that vendor said that, "No, we couldn't start it on time, if we have two weeks," just like the excuse that you mentioned we said, "Well, isn't there someone else that could do this project?" So we went to the second vendor, and I'll tell you what, it got done. So kudos to Johnny Martinez. It's the best experience I had with a CIP project. City of Miami Page 31 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Thank you, guys. RE.2. Did we made a motion and we passed it already? Todd B. Hannon (City Clerk): No, sir. There was a motion and a second. Motion by Commissioner Sarnoff -- Chair Gort: Any further discussion? Mr. Hannon: -- second by Commissioner Suarez. Chair Gort: Any further discussion? Being none -- yes, sir. Daniel J. Alfonso (City Manager): Commissioners, I understand the frustration that you have. We sometimes feel the same frustration. I can assure you that none of us in the Administration are thinking, "How can we delay these projects?" We would like to see these projects done as soon as possible, as well. In terms of getting the projects done, we also want to get them done the right way and following all of our rules and procedures. So, yes, sometimes, it takes time. We would -- we are going to try to do better, but we're not going to get contractors to go out there and do work without permits, and we're not going to go out there and get contractors to do work without purchase orders, and we're not going to go out there and give contractors more than they have the ability to provide. So in that sense, I'll just say we're going to do the best that we can under the rules and guidelines that have been set by this policy body, and the State Statutes and whatnot. Commissioner Sarnoff Couldl be heard? Chair Gort: Yes, sir. Commissioner Sarnoff So as long as you decided to put your foot in the water, well, come in. Do you make a commitment on the record right here, right now, you're going to do everything that you can do, every interpretation, every exercise of discretion to ensure that Douglas Park commences construction in October? Mr. Alfonso: Commissioner, I don't know if October is the right date, but I will do everything I can to get it started as soon as possible. Chair Gort: They might surprise you. They might do it before October. Yes, sir, you're recognized. Mariano Cruz: Yes. Mariano Cruz, Chairman ofABDA, Allapattah Business Development, 801 Northwest 37th Avenue, Suite 212. I am speaking because whenever I see these people of Department of Water & Sewers, you know how much they charge the City, how much they charging the City for everything? Because they charge us there or write us to set different line that costing hundreds of dollars, because, you know, they want to do it. Whatever they want to do it, they get it. And it shouldn't be like that, because how come we have to pay? There is a line here, and they say, "No, no, you cannot use that. You got to use a different one." Why? Why is that? It's -- I will take that, because I can give you -- I mean, the way they are. But they are there in Metro Dade County, and they think they can do anything they want, no? You here. You been elected by us, the people of the City of Miami to defend us. Now, if we want to pay, and pay, and pay, okay. That's fine. At least I am not -- not all my money is going there. Thank you. Chair Gort: The board of director of this corporation. By the way, let me tell you, the -- I've had meetings and we had meetings here, and my understanding is Public Works have to issue the permits. All the work that's being done by Water & Sewer is being paid by them. And what we're doing is we make sure our streets are going to be taken care of the same time that they open the City of Miami Page 32 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 sidewalk. Any further discussion? All in favor, state it by saying "aye. The Commission (Collectively): Aye. RE.3 RESOLUTION 15-00632 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO IMPLEMENT A "KEEP MIAMI BEAUTIFUL PROGRAM"; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE PROGRAM IN ORDER TO CREATE AND SUSTAIN A CLEAN AND BEAUTIFUL COMMUNITY WHERE RESIDENTS AND VISITORS CAN LIVE, WORK AND PLAY. 15-00632 Summary Form.pdf 15-00632 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0258 Chair Gort: RE.3. Nzeribe Ihekwaba: Good morning. Zeri Ihekwaba, Assistant City Manager. RE.3 is a resolution to authorize the City Manager to implement a "Keep Miami Beautiful" program, and also to direct the -- to take all necessary actions to implement the program by registering with the National Organization, Keep America Beautiful. This is a program that was born out of the recent inauguration of the weekly Keep Miami Clean campaign that most of the elected officials have participated in, and which has been sustained over time, starting since October 2014. This program will enable us to recognize and implement educational and public enlightenment campaign, and also to establish and foster individual and corporate actions to us keeping the environment clean in a environmentally sensitive and effective manner. Chair Gort: Thank you, sir. Do I have a motion? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Moved by -- Commissioner Carollo: Discussion. Chair Gort: -- Commissioner Suarez; second by Commissioner Carollo. Discussion. Commissioner Carollo: Thank you, Mr. Chairman. Obviously, this is something that's very important to all of us. I think we've all at one time or another have mentioned the issue of cleanliness in our City, and it's my understanding that the main reason for this is to go and try to obtain grants in order to be able to continue this campaign; is that correct? Mr. Ihekwaba: Yes, that's correct. We anticipate to apply and obtain necessary resources, as well as grants from the national organization. And by the way, ifI may mention, they've already been down here in Miami and met with us, and they were very, very impressed with the program. And we do have a deadline of June 15 to finalize our application process in order to get into the City of Miami Page 33 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 next cycle of grants application. Commissioner Carollo: Okay. Yeah, sure, I'm definitely in favor of it, especially if it could get grants for it. The only thing is, in the resolution, I thought it was going to be a little bit more specific. We're approving a very broad plan, but, you know, if the main reason for approving this is for grants, and I definitely do not want to delay it, to make sure we could go after it. But it's -- it was just very broad when I read into it, and there's just areas that, you know -- and I'm sure Commissioner Gort knows that, you know, no matter what we do, it still continues to stay dirty and areas that, for some reason, you just cannot get cleaned up; even if the City goes out there, it just -- I don't know how certain areas just cannot get cleaned up, so. Okay, I don't have a problem with it. And Zeri, you and I have been out there and -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- you know, years ago, so -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- you know areas that I'm talking about. Mr. Ihekwaba: IfI may also add, we've already initiated several efforts to effectively address some of your concerns, Mr. Commissioner. And the Chairman has shown tremendously that she believe in these efforts. In addition to the weekly events that we schedule on Wednesdays, we've also allowed the Solid Waste Department to initiate a pilot program to do additional cleanups on Saturdays. So we do have a sustained and more aggressive effort. And also, in the prior item that Solid Waste has presented for the amendment of the City Code in Chapter 22, he has identified an area in the produce market area that's been created to be a specific area for recycling, to minimize the influx of trash into the City streets and right-of-ways [sic]. So there is a planning of action in place to address some of the hot spots areas. And again, we're coming back soon, because we have also coming up programs that will be installed as specific costs for illegal dumping that will help us effectively through the Miami Police, so we'll also address illegal dumping in the City. Commissioner Carollo: Yeah. In all fairness, there was one hot spot with illegal dumping in District 3, and the Miami Police did actually do a very good job, and we were -- actually be able to curb that. Chair Gort: Yeah. Let me tell you, I think our Sanitation does too good of a work, because people continue to dump. They get picked up and they keep to dump. This is very close to me. I brought this program back about a year ago, and we talked about the -- why it's important for our neighborhoods to be clean, and the City's to be cleaned, especially the poor income neighborhoods where they don't have the resources to do things. But the program has to be not only us being able to pick up the trash. Educate the community. One of the things that I've done, I've asked all of you to do -- and I think the best way to educate any family is through the children. We've been doing to the schools, we have talked to the fifth graders, and we told them the importance of maintaining cleaner the street. Also, at the same time, people need to know how it's going to affect me. "Well, you know, they want to keep the City clean and all that, but I can't afford to pick up stuff" and just throw trash away. My kids are the one that showed me long time ago why it was important to keep the environment clean, why it was important to recycle. We need to go to the school. We need to plan a new education program. And people that been here for years remember the City, how clean this City used to be at all time. Matter of fact, if you -- a lot of times now, you see a car driving by, and you see a bag of grocery or a bag of food going out the window. People need to know this is going to affect them personally, because this trash gets trapped into the storm sewer system, which goes into our water and affects the environment, and affects them directly. So we need to start going to the schools and City of Miami Page 34 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 start talking. We need to educate our community. That's why we need the funds to be able to make sure that people know as -- we need to maintain our City clean. I remember at one time, if you threw trash out, you could get cited. You would get a ticket. And somehow, we have to implement -- I know I'm the bad guy, calling Code Enforcement, constantly going after them, because I think the quality of life begins in the neighborhoods. You're recognized. Commissioner Suarez: Thank you, Mr. Chair. First of all, I want to commend you again for your initiative, because I think we all talked about it, and you led by creating this initiative and getting everyone and all our staff involved. And I think that's a great first step, and I think you're right when you talk about we should continue to be more proactive in going into the schools, and I think -- I don't know if my -- hopefully, my staff is back there listening to this -- I'm going to ask that they set up something at all of our local public schools for us to do that education campaign. You're raising your hand. Mr. Ihekwaba: Yes. Actually, Mr. Commissioner, that effort has been implemented already, and invitation emails have been sent to all the district offices. Commissioner Suarez: Fantastic. Mr. Ihekwaba: The Chairman already kick-started it. He's been to a couple of schools, andl think we're in the process of setting up for District 2, sometime as soon as -- excuse me -- the school year opens in August, District 2 will be scheduled, as well. And also, the Mayor has indicated interest and willingness to participate. Commissioner Suarez: Yeah, and I -- you have my full support and my full involvement. I'm sure all the Commissioners would love to do it, as well. And I think the Chairman is right that education is a huge component. And also, obviously, as a second step, this grant is incredibly important to be able to go after monies that are not -- you know -- that are out there. I think we should always try to maximize our opportunities. But what I said in the briefing is something I want to share with my colleagues, which is phase three of this process, which is if you're a City of Miami taxpayer, if you're a City -- and don't look down, you know what I'm going to say. Don't look down. If you're a City of Miami taxpayer, we're going to start the budget process -- Okay, now, I'm talking to my Commissioners. If you're a City of Miami taxpayer, you have a reasonable expectation that a certain percentage of your taxes are going to be used for beautification, for cleanliness, for -- you know -- and we have to be cognizant of the fact that it's great to go out there with ourselves, and our staff, and the City staff, it's great to educate kids; it's great to go after grants. But we should also be investing a portion of our budgetary money -- something I talked about in the last budget and almost voted against the budget just based on that one issue, and decided that it wasn't fair to vote against the $600 million budget, because, you know, one item that I wanted wasn't included to the level that I wanted it to be included. But again, next year, we're going to be talking about that. The way I would frame the question is: Think about, as a resident -- we all pay taxes here, we all live in our districts. "What percentage of our taxes do we have a reasonable expectation for our government to reinvest in beauting our neighborhoods and the common areas?" That's the question, as I see it. Chair Gort: Thank you, sir. Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.4 RESOLUTION 15-00699 City of Miami Page 35 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE 114TH Commissioner UNITED STATES CONGRESS AND PRESIDENT BARACK OBAMA TO PASS Wifredo (Willy) Gort LEGISLATION REQUIRING IMPORTED CONSTRUCTION MATERIALS MEET THE SAME STANDARDS AS DOMESTIC CONSTRUCTION MATERIALS AND TO PROMULGATE RULES FOR IMPORTED AND DOMESTIC CONSTRUCTION MATERIALS TO ENSURE THEY ARE NOTA HAZARD TO HUMAN HEALTH; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 15-00699 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0259 Daniel J. Alfonso (City Manager): RE.4, Commissioner Gort. Chair Gort: RE.4. Mr. Alfonso: Commissioner Gort, this is the item that -- Chair Gort: Right. Mr. Alfonso: -- you had brought forward, talking about imported materials meeting the same standards as domestic construction materials. Chair Gort: Let me tell you, I think you all have read in the newspapers the problem that we have with a lot of the -- even very luxury buildings and they have the dangers that they use the Chinese walls, drywalls, and they have become very hazardous. My experience, first, when I first got elected in 2010, I inherited a problem in my district in affordable housing, where people bought the condominiums, were able to buy and all of a sudden, after six month, they find out they used Chinese dry -- the wall, the drywall. And we have been going out. It's been three years since we tried to mediate and we tried to fix them, see how we can do it. This is a resolution asking the Federal Government to put certain standards, especially in the construction material being exported [sic] to the United States. You want to read it, Madam Attorney? Mr. Alfonso: I got it. A resolution of the City of Miami Commission urging the 114th United States Congress and President Barak Obama to pass legislation requiring imported construction materials meet the same standards as domestic construction materials, and to promulgate rules for imported and domestic construction materials to ensure they are not a hazard to human health; directing the City Clerk to transmit a copy of the resolution to the elected officials as stated herein. Chair Gort: Thank you. Victoria Mendez (City Attorney): Thank you. Chair Gort: Do I have a motion? Commissioner Carollo: So move. Chair Gort: Moved by Commissioner Carollo. Is there a second? City of Miami Page 36 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Savnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.5 RESOLUTION 14-01247 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY EDGEWATER CONSTRUCTION GROUP, INC., WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $336,938.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF EDGEWATER CONSTRUCTION GROUP, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 14-05075 CA 23, UPON EXECUTING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.302001.545013.0000.00000. WHEREAS, Edgewater Construction Group, Inc. filed a claim and a lawsuit against the City of Miami ("City"), in the Circuit Court in and for Miami -Dade County, Florida, Case No. 14-05075 CA 23; and WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claim and lawsuit be settled for the sum of $336,938.00; and WHEREAS, Edgewater Construction Group, Inc. has agreed to submit a Consent of Surety to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay Edgewater Construction Group, Inc. without admission of liability, the sum of $336,938.00, in full and complete settlement of any and all claims and demands against the City of Miami, its officers, agents and servants, in the case of Edgewater Construction Group, Inc. vs. City of Miami, in the Circuit Court in and for Miami -Dade County, Florida, Case No. 14-05075 CA 23, upon executing a Settlement Agreement and Mutual Release of the City, its present and former officers, agents, and employees from any and all claims and demands, with City of Miami Page 37 Printed on 7,24/2015 City Commission Meeting Minutes June 11, 2015 funds allocated from Account No. 50001.302001.545013.0000.00000. Section 3. The City Attorney is directed to ensure payment to subcontractors and suppliers that furnished labor, material and equipment to the improvement of the City's property. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. 14-01247 Memo - Office of the City Attorney.pdf 14-01247 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-1 5-0260 Chair Gort: RE.5. Victoria Mendez (City Attorney): RE.5 is a settlement in the amount of $336, 938, which is pretty much under the contract amount or within the contract amount that's already allotted for this project in order to settle a case with Edgewater Construction Group versus the City of Miami. Chair Gort: Thank you. Mr. Manager. Daniel J. Alfonso (City Manager): I was just going to say, Commissioners, we are in agreement with the settlement. The funds are within the appropriated amount for construction. There was an amount that was retained of about $490, 000 to complete out the punch list, and this is settling out all issues for the remaining 336. Chair Gort: And this is funding -- the money comes from fundings that we reserved -- Mr. Alfonso: Correct. Chair Gort: -- from the project. Mr. Alfonso: Correct. Ms. Mendez: Right. It's within the allocated amount. Mr. Alfonso: Right. Ms. Mendez: Also, the punch list, the items that are left are very minimal, which is about 10,000 or less, to complete, and that -- and the money and the savings, we'll still have over $150, 000 in savings. Chair Gort: Yes, ma'am, you're recognized. City of Miami Page 38 Printed on 7,24/2015 City Commission Meeting Minutes June 11, 2015 BC.1 15-00582 Alice Bravo: Thank you. The funds are actually the remaining part -- Alice Bravo, Deputy City Manager -- remaining funds in the contractor's contract that were in dispute because of payment to subs and punch list items, so it's actual -- already obligated in the contractor's contract. Chair Gort: Thank you. That's what I wanted put in the record. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: For everyone who is listening to this meeting, is it possible to give the overview of exactly what occurred, so we could see exactly it is, and why the money is there, and why is it on escrow, and where we are? This was a CIP (Capital Improvements Program) project? Ms. Mendez: Yes, it was a CIP project for a fire station. The fire station was built, and it was opened. The subcontractors on this matter that were under the contractor, Edgewater Construction Company, did not get paid for the work that they did on that project, so the City withheld payment to Edgewater Construction Company, the main contractor, in order for these subcontractors to get paid for their work. At that point, litigation ensued, and Edgewater Construction sued us for the work that was already done, and that is how we -- obviously, there was an allotment of the monies for that project, and this settlement is within that amount, but that's how everything occurred. Commissioner Carollo: Thank you. Commissioner Sarnoff Mr. Chair -- Chair Gort: Yes, sir. Commissioner Sarnoff -- I'm going to make a motion, but I'd like to mod the resolution. I think the motion should be -- the resolution, however, subject to the City Attorney doing all acts necessary to ensure that all subcontractors are paid, as well as the material men and the laborers, which would include simultaneous closing; the holding in escrows until such time as firm evidence is provided to the City Attorney that all claims have been extinguished. Chair Gort: Thank you, sir. There's a motion. Is there a second? Commissioner Carollo: Second. Chair Gort: As amended? Commissioner Carollo: As amended. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION City of Miami Page 39 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 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. BC.2 14-00964 APPOINTEE: NOMINATED BY: Marcelo Holzinger Mayor Tomas Regalado 15-00582 Arts CCMemo.pdf 15-00582 Arts Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0261 Chair Gort: Boards. Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. BC.1, Arts & Entertainment Council: Mayor Regalado will be appointing Marcelo Holzinger. Commissioner Carollo: Move it. Commissioner Sarnoff. Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Sarnoff. Being no further discussion, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NO ACTION TAKEN BC.3 RESOLUTION NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez City of Miami Page 40 Printed on 7,24/2015 City Commission Meeting Minutes June 11, 2015 15-00583 Office of the City Clerk BC.4 14-00967 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jeanie Hernandez Commission -At -Large 15-00583 Bayfront CCMemo.pdf 15-00583 Bayfront Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0262 Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust: There is one Commission at Large appointment to be made. Commissioner Carollo will be reappointing Jeanie Hernandez. Commissioner Carollo: Move it. Commissioner Sarnoff. Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City of Miami Page 41 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 BC.5 15-00412 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 15-00412 CEB CCMemo.pdf 15-00412 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.6 RESOLUTION 15-00413 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: 15-00413 CRB CCMemo.pdf 15-00413 CRB Current_Board_Members.pdf 15-00413 CRB Memo and Resumes.pdf NO ACTION TAKEN BC.7 RESOLUTION NOMINATED BY: Mayor Tomas Regalado Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff City of Miami Page 42 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 15-00414 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. BC.8 15-00291 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 RESOLUTION 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. BC.9 15-00415 APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso Office ofthe 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. City of Miami Page 43 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 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 BC.10 RESOLUTION 15-00584 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. BC.11 15-00418 APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-00584 Finance CCMemo.pdf 15-00584 Finance Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 44 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Marc David Sarnoff Commissioner Frank Carollo 15-00418 MIC CCMemo.pdf 15-00418 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 15-00586 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. BC.13 15-00708 Office of the City Clerk 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 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Thomas Jelke Off -Street Parking Board (At -Large Appointment) 15-00708 Off -Street Parking CCMemo.pdf 15-00708 Off -Street Parking Current_Board_Members.pdf 15-00708 Off -Street Parking Resolution.pdf 15-00708 Off -Street Parking Resume for Appointment.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 45 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0263 Nicole N. Ewan (Assistant City Clerk): And BC.13, Off -Street Parking Board. This is a resolution of the Commission confirming the appointment of Thomas Jelke to one at -large appointment to the board. Commissioner Sarnoff. Motion. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: It's moved by Commissioner Sarnoff second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: That concludes the boards. Thank you. Chair Gort: Thank you. BC.14 RESOLUTION 15-00420 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 15-00703 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: James Murley Mayor Tomas Regalado Tabitha Cale Vice Chair Keon Hardemon City of Miami Page -16 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 15-00703 Sea Level Rise CCMemo.pdf 15-00703 Sea Level Rise Current_Board_Members.pdf NO ACTION TAKEN BC.16 RESOLUTION 15-00588 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort 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 of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. 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 BC.18 RESOLUTION City of Miami Page 47 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 15-00421 Office of the City Clerk DI.1 15-00615 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. 15-00615-Submittal-Chief Llanes-Police Depertment Hiring and Staffing Update Memo.pdf DISCUSSED Chair Gort: Discussion items. DI.1.1 [sic]. Commissioner Suarez: Good work, Tom. Rodolfo Llanes: Good morning. Rodolfo Llanes, Chief of Police. The hiring has been: One officer hired since last Commission meeting; 29 hired year-to-date; eight officers are awaiting medical clearance; four officers are awaiting the second part of the psychological screening. This is part of the 503 candidates that were given orientation, and there's currently 194 candidates still viable. Chair Gort: Yes, sir. Commissioner Sarnoff. Just so the Commission knows, I did meet with the Chief of Police. I shared with him numbers in a PowerPoint presentation. He is scheduled to get back to me tomorrow. I have reserved City Commission chambers for June 30 at 6 o'clock for a sunshine meeting, which will decide whether it needs to go, based on the Chiefs response. Just one question, Chief How did we go from 1,259 budgeted positions to 1,261 this May? Chief Llanes: There was a budget change. We changed a couple of positions to add new City of Miami Page 48 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 positions to it. So it was just a change in -- from non -sworn to sworn positions. Commissioner Sarnoff How did you do that? Chief Llanes: That was a budget mechanism. Chair Gort: We're working on that bit. Commissioner Sarnoff I like that. It just went like this. Chief Banes: Like that, sir. Commissioner Sarnoff Thank you, Mr. Chair. Chief Llanes: Is that all we have? Commissioner Sarnoff Well, I candidly met with you, right? Chief Llanes: I'm going to give the Commissioners a shameless plug. I need some assistance. As you -- I don't know if you're aware, but we have a significant deficit in our Police Athletic League budget coming up for the next budget year. Our confiscated money in the LETF (Law Enforcement Trust Fund) that we use to fund the PAL (Police Athletic League) Program is drying up, and so I need to make up a half million dollar deficit to continue this program. As we well know, the Police Athletic League services some of our most difficult neighborhoods, and this is not the time, given the current state of policing in this country, for us to cut down on these programs. And so on June 27, I'm going to host a gala to try and raise funds, and I would hope that I can get some support from the constituents in each district to buy some tables for this gala. I have some invitations I'll give you; if you could please reach out to some folks in your districts to help me fill this event in order to raise some money. Chair Gort: Thank you; we will. Chief I want to ask you a couple of questions. Commissioner Sarnoff Can I just say something? Chair Gort: Yes. Commissioner Sarnoff Chief you're having your Police Athletic League fundraiser on Key Biscayne; interesting choice of places. Chief Llanes: Wherever the free venue is, is where we're going. Commissioner Sarnoff You ever think why it might be free? Chief Llanes: Yes, Mr. Chair. Chair Gort: Chief let me ask you a question, because you stated when you first came in that you're working on a program where you can put more police officers in the streets. How is that going? Chief Llanes: Well, we're still -- you know, it's a work in progress. We've identified a number of positions that are being currently filled by officers that can be filled by civilian personnel. However, there is a job being done there now, and until we can fill that position that we've asked for and a number of additional positions in the '15/16 budget. Those officers will come off the street. But they are fulfilling a function now; they cannot -- City of Miami Page 49 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Right. Chief Llanes: -- be abandoned, and so -- and we'll continue that review on an ongoing basis to see if officers that are doing jobs that can be done by non -sworn, we will replace them. Chair Gort: Thankyou, sir. Chief Llanes: Thank you. Chair Gort: Any further discussion? Being none. DI.2 DISCUSSION ITEM 15-00625 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 1ST QUARTER OF FY 15. DI.3 15-00478 Department of Finance DI.4 15-00633 15-00625 Summary Form.pdf 15-00625 Memo - Unreimbursed Grant Exp..pdf 15-00625 Back -Up from Law Dept..pdf DISCUSSED Chair Gort: DI2. Jose Fernandez: Good morning, Commissioners. Jose Fernandez, Department -- director of Finance. DI.1.2 [sic] is a quarterly update of non -reimbursable grant expenditures for the Financial Integrity Principles. The Finance Department needs to make an assessment and then report back to the Commission on its findings. There is a scrivener's error on the agenda. It reads, "For the first quarter of FY-2015." It should be for the second quarter, or the quarter ended March 31, 2015. I'm pleased to report that for this quarter ended, there were none. So I don't know if you have any questions. Chair Gort: Thankyou. You have any questions? Any questions? Thankyou, sir. DISCUSSION ITEM PRESENTATION OF 2014 FISCAL YEAR AUDIT RESULTS 15-00478 Summary Form.pdf 15-00478-Submittal-Jose M. Fernandez -Management Letter Year 2014.pdf 15-00478-Submittal-Jose M. Fernandez -Single Audit Report Year 2014.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Note for the Record: Item DI.3 was deferred to the June 25, 2015 Planning and Zoning Commission Meeting. DISCUSSION ITEM City of Miami Page 50 Printed on 7,24/2015 City Commission Meeting Minutes June 11, 2015 City Manager's Office FINANCIAL ASSISTANCE PACKAGE FOR THE PURPOSE OF ACCOMMODATING FUTURE TRI-RAIL SERVICE TO DOWNTOWN MIAMI. 15-00633-Submittal-Fernando Casamayor-Trirail Status Update.pdf DISCUSSED Chair Gort: DI3. Commissioner Carollo: That's deferred Mr. Chair. Chair Gort: Deferred. Oh, right. Commissioner Carollo: DI4. Chair Gort: DI.4. Thank you. Fernando Casamayor (Chief Finance Officer/Assistant City Manager): Commissioners, DI4 is a discussion item on the Tri-Rail funding that was -- you asked us several Commission meetings ago to meet with the representatives from Tri-Rail and All Aboard in order to come up with a funding package for this. As you can see with the handout that we gave a couple days ago, we have reached our goal to fund this project. We are currently in process of hammering out the agreements between the different entities that are committing funds to this project, and that should be come -- that should come to the Commission at some point in July. Chair Gort: Questions? Discussion? Thank you, sir. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: The -- at this time, my understanding is, there's a 2 o'clock announcement to begin any Planning & Zoning, and my understanding is people wanted to defer, but before we could defer, my understanding here, we have to hear from the applicant, if they would concur or they want to argue about the deferral. I think we have to make -- Mr. Clerk, will you swear people in? Todd B. Hannon (City Clerk): Certainly. Madam City Attorney, did you want to go over the PZ (Planning & Zoning) order of the day, and then I'll administer the oath? Victoria Mendez (City Attorney): We will now begin the Planning & Zoning items, and I will read the procedures to be adhered to. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, 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 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. The applicant will then present its application or request to City Commission. If the applicant agrees with the staff recommendation, and no one from the public wishes to speak for or against, the item may proceed to its deliberation and decision. The applicant may also waive the right to evidentiary hearing for the record. The order of presentation shall 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. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. City of Miami Page 51 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Hannon: Good afternoon -- Chair Gort: Thank you. Mr. Hannon: -- ladies and gentlemen. If you'll be speaking on any of the today's Planning & Zoning items, ifI can have you 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, Chair. 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 SR Fact Sheet.pdf 15-00406Iu Analysis, Maps & PZAB Reso.pdf 15-004061u Application & Supporting Docs.pdf 15-004061u-Submittal-Wendy Stephan and Elvis Cruz -Documents in Opposition of Land Use and 15-004061u-Submittal-Robin Porter-Letter.pdf 15-004061u-Submittal-Antonio Grullon-Petition Signatures in Opposition of Land Use and Zoning C 15-004061u-Submittal-Elvis Cruz -Land Use and Zoning Change on NE 41 and 42 Street.pdf 15-004061u-Submittal-Francisco Garcia-PZAB Resolution.pdf 15-004061u-Submittal-Paul Savavge-Letter of Opposition from Basil Binns II.pdf 15-004061u-Submittal-Paul Savavge-Property Appraiser Summary Reports.pdf 15-004061u-Submittal-Stephen Helfman-Community Outreach and Education Plan.pdf 15-004061u-Submittal-Commissioner Carollo-Institute of Contemporary Art Miami.pdf 15-004061u Legislation (v2).pdf 15-004061u Exhibit.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): City of Miami Page 52 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 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 PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Hardemon Chair Gort: Okay, my understanding is there was a -- have the -- try to have a motion to defer, but my understanding is we have to see if the applicant have any opposition that he wants to expresses [sic]. Tony Recio: Certainly. Chair Gort: Yes, sir. Mr. Recio: Thank you, Mr. Chair. For the record, my name is Tony Recio, with law office at 2525 Ponce De Leon Boulevard. My understanding is that the Commissioner of the district has requested that the matter be deferred because he's out of the country. We are prepared to move forward. We respect the Commissioner's request, but we just wanted to let this Commission know we are prepared to move forward, if it's the Commission's will. Or if it is the Commission's will not to, we can certainly wait till June 25. We've already been delayed in this application a couple of times for other factors outside of the Commission's control, so we would like to move forward, and there will still be a second reading anyway on, you know, on June 25, there will be opportunity for that. But we are prepared to move forward. We just wanted to make that clear. Commissioner Suarez: Mr. Chair. Chair Gort: Okay. Yes, sir. Commissioner Suarez: Thank you. You know, when we -- when this last came before the Commission, we were very adamant that we were instructing the P&Z to hear it in a certain method and manner. We were kind of admonishing the P&Zfor kind of doing what we thought was potentially a delay. I feel somewhat bad because I think some of my comments were misconstrued by some of the members, and they called me, and, you know, I spoke to at least my board member to reassure them that it's not that I've lost confidence in them, per se. It's just that we want things to be done orderly. Having said that, I think because we had, in effect, asked them to speed it up, I feel, you know, kind of badly now saying, "Well, now we're going to defer it." So, you know, I'm prepared to hear it today. I'd like to hear it today. It's just a first reading. To the extent that anyone would be negatively affected, they can come back on second reading, and the district Commissioner will be here on second reading, and we can actually hear it again. I don't think there's any sort of prejudice in any way, shape or form. So that's my personal preference. I don't know how my colleagues feel, but that's my preference. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. City of Miami Page 53 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Carollo: Thank you, Mr. Chairman. I think we had a brief discussion about this earlier today, and it was my understanding that there was no one that wanted it to actually proceed, or there was no issue with it not proceeding today. Now seeing that, you know, the applicant is here and they do want to proceed, I also feel that -- listen, we were although terse in the last time that we heard this, we pretty much said, "Listen, we don't want this to linger anymore; we want to have it heard" So now saying that we want to, once again, defer it for two weeks I don't think is the right decision, so I'm ready to hear this. And again, listen, if this was the final decision, I think I would then, you know, think otherwise. However, this is only first reading. There will be a chance on second reading for the district Commissioner or anybody else to actually chime in and say exactly what they think about this project. So I'm ready to move forward. Chair Gort: Okay. Commissioner Sarnoff I simply don't want to get crossed with Commissioner Hardemon. I don't remember him really asking for very many continuances. Long as you all feel like you won't be disappointed, it certainly is the will of the Commission. I can see that they want to move forward, so I'll move forward with you. Chair Gort: Okay. So since we're going to be moving forward, we'll come back. We have to go to the special session upstairs. We'll come back to continue with this and the rest of the -- Elvis Cruz: Mr. Chair, permission to speak on the deferral? Chair Gort: Yeah, you can speak, but we're going to listen to you. You're going to have an opportunity to speak later. Mr. Cruz: Well, the thing is, Commissioner, when we arrived at 2 o'clock, we were told by numerous staff members that this was going to be continued, and we advised people it's continued; the Commissioner is out of the country, and now we're hearing that it's going to be heard, so we're -- we've been caught off guard by this. Chair Gort: Okay, thank you. Later... Chair Gort: (UNINTELLIGIBLE) explain what was taking place upstairs. Ms. Mendez: We were in an executive session talking about labor negotiations, and that meeting has now finished, and the City Commission will start momentarily. Thank you. Chair Gort: And that meeting was for 2 o'clock? Ms. Mendez: Yes. Chair Gort: Do we have to make any announcement in the end of the session and --? Mr. Hannon: No, sir. We're good to go. As soon as we have quorum, we can proceed with the Planning & Zoning items. Chair Gort: Okay. As soon as we have quorum, we'll get going. It's all yours. Mr. Hannon: Chair, ifI may? City of Miami Page 54 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Yes. Mr. Hannon: I notice that there are a few new people here in the chamber, and I'd just like to have the opportunity to administer the oath one additional time. If you will be speaking on any of today's Planning & Zoning items and you have not -- and you have not had the oath administered to you, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Francisco. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. The two items to be heard today in the Planning & Zoning agenda are related to the same property, located approximately at 53 and 61 Northeast 41 st Street, and 50, 58th and 68th Northeast 42nd Streets. The items are respectively a land use change in PZ.1 and a rezoning in PZ.2. And the request is originally for a zoning designation to go from T4-O to T5-O on the southern portion of the property and from T3-O to T4-O -- I'm sorry -- from T3-L -- I apologize 3-L to T4-O on the northern portion of the property. However, the recommendation of the Planning & Zoning Department is that the zoning change take place to CI, which stands for "civic institutional, " and my understanding is -- and they will confirm, hopefully, shortly -- that the applicants are amenable to that recommendation. In addition, I want to mention a couple of other facts. The land use designation change would be from duplex residential on the northern portion of the lot and general commercial on the southern portion of the lot to major institutional public facilities, transportation and utilities for the entire lot, and that we concur with. The reason for our recommendation that the parcel be zoned CI -- again, civic institutional -- is because, as you may know, the intent is to develop the site as a museum, to be known as the Institute of Contemporary Art, and it is in this zoning designation that uses along these lines are most appropriate. I should emphasize that in order to actually develop this site as a museum, the applicants will need to obtain, in addition to the zoning change, an exception permit, which, of course, requires a public hearing as well, and would have to be approved not by the Planning & Zoning Department, but by the Planning, Zoning & Appeals Board as part of a public hearing. A couple of more facts: The Planning, Zoning & Appeals Board has recommended, by a vote of 10 to 1, to deny the request for a land use change and zoning change; and also as a footnote, because it came to you previously as well, the Historic & Environmental Preservation Board recommended -- in fact, approved, I should have said -- a certificate of appropriateness, by a vote of 3 to 2, to demolish the three single-family residential structures that are presently located on the northern portion of the parcel. I should emphasize by way of background -- and I'll end briefly and defer to the applicant -- that the subject parcel of land straddles the Buena Vista East historic neighborhood on the north and the Design District on the south, and there is presently an overlay, which is the special area plan for the Design District, that affects the parcels to the south. That, too, is sought to be removed, as it will no longer be part of the commercial component of the Design District; rather, a civic institution that will benefit the City as a whole. Our recommendation is for approval as presented. And we stand by to answer any questions you may have. Chair Gort: Thank you. Yes, sir. Mr. Recio: Thank you, Mr. Chair, members of the Commission. My name is Tony Recio, with law office at 2525 Ponce De Leon Boulevard. I'm here on behalf of the Institute of Contemporary Arts [sic], Miami, Incorporated; joined by Tommy Ralph Pace, who's the associate director in the back row; also got Steve Helfman, my partner; and Marcel Morlote, who is the project architect, in case there are any questions. We want to explain -- we are here City of Miami Page 55 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 on behalf of ICA (Institute of Contemporary Art) Miami. This is a cultural nonprofit institution. They've been here -- they were -- they had their -- a collection at MOCA (Museum of Contemporary Art) for many years. They have -- they are right down the street from this location right now on Northeast 2ndAvenue. They are dedicated to promoting the arts, to art education and to supporting contemporary artists. They want to expose as many people as possible to contemporary arts. This is completely a museum that will be open to the public, and that's why we're here on that. So I want to stick to what we're here to talk about, which is the rezoning application and the comprehensive plan application, so I will be very quick and just walk you through. As Mr. Garcia explained, the property itself consists of two parcels in the Design District or adjacent to Design District parcels here on 41st Street. The northern part of the parcel is three parcels on 41st Street, which is in the Buena Vista East Historic District, so it's straddling both parcels. The rezoning that is being sought is -- well, actually, the comp plan designation that is being sought is a major institutional and public facilities comprehensive plan designation. The rezoning that is being recommended by staff that we are in agreement with is the CI, civic institutional zone. That is the category for few museums, for schools, for churches, for government facilities. It's -- that's what you have in CI, and that's what this would be. This is a museum use in a CI district. The -- as Mr. Garcia explained, this CI zoning does require an exception approval for anything to be built there. So this rezoning, even on first and second reading, is not the end of the story. We have to come back to the Planning, Zoning & Appeals Board on an exception use to go through a site plan. So that site plan is not before you this afternoon; it's only the rezoning that is before you, the rezoning of the comprehensive plan designation. So to the extent that we may hear some talk about the site plan and other issues, that's not what is before you, in actuality, so in terms of the Historic Board approval -- again, not before you, but it was mentioned by Mr. Garcia -- they did approve demolition of three non-contributing structures on that parcel. The one addendum I would think to Mr. Garcia is that it wasn't -- they were not single-family structures; they were -- they're actually duplex and a little larger structures than that. But in any event, they did approve demolition of those structures, and to construct what is a part of the site plan, which is going to be open space on that -- on those northern lots here. So we have a staff recommendation for approval. We're in agreement with staffs recommendation. The Buena Vista East Homeowners Association is supportive of this application. There are a couple of people here that are supporting. This is the actual association. We came to an agreement with them, and I would disclose that agreement. There are a number of things that we agreed to, but one of the key things is a limitation on any development on these north parcels. Right now, what is proposed -- what will be proposed there is open space, so they understand that. So that is limited to -- maximum in any point in time in the future would be 23 feet, so the same as a single-family home, but we don't have any proposal on there right now. Another thing that was agreed to that I just want to call your attention to: All of our loading, and all of our waste disposal, and all of our storage, that all comes from 41st Street. That comes from this street, not from 42nd Street. So we think that that's important to highlight. We're also participating with them on any future issues that they have with other entities that want to commercially intrude onto their district. This is not a commercial use. We don't purport to be one. What we are is a museum, a cultural facility. And then there will also be access, special access privileges to the museum and to the grounds to all residents of the district, so we think that that's important to highlight. Beyond that, we are -- that's the long and the short of it. This is not an incredibly complicated application. It's straightforward. It's just a rezoning in the comprehensive plan. It's not the site plan itself. So we would appreciate your support. And if you have any questions, we'd love to answer them, and we'd like to reserve the rest of the time for rebuttal. Thank you. Chair Gort: Thank you. How many speakers? Mr. Hannon: I have 11 people signed up to speak, sir. Chair Gort: Do you want to call them, please? City of Miami Page 56 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Hannon: Yes, sir. First three speakers for items PZ.1 and 2 -- the public hearing will be opened for items PZ 1 and 2 -- Alan Murphy, Dolly McIntyre, and Antonio Grullon. Dolly McIntyre: Good afternoon. I'm Dolly McIntyre, advocacy chairman [sic] for Dade Heritage Trust, with offices at 190 Southeast 12th Terrace in Miami. Next time I will bring my blanket or my parka. Pardon my wrap, but it's freezing in here, and I don't know why, except you want us to get out in a hurry. I'm here to ask you to carefully look at the impact of this intrusion into a designated historic district, one which the residents have worked very hard to maintain and upgrade, and they have been successful at that. And I think if you look at the drawing before you, it's very clear the intrusion that this property -- this proposed sculptured garden makes into the neighborhood, I don't have to tell you; it's right there in plain sight. Our concern is violating the historic neighborhood. Do this project with the absolute least disruption to the people who live there and who have worked hard to keep it historic. Thank you. Chair Gort: Thank you, ma'am. Next. Antonio Grullon: Good afternoon, Chairman and Commissioners. My name is Antonio Grullon, 51 Northeast 42nd Street. It's disheartening to know that my elected representative is not here today, and he's not going to hear my concerns. My quality of life has been drastically impacted after 15 years in Buena Vista. I oppose the zoning change, and ask this Commission rescind the HEP's (Historic & Environmental Preservation) decision to allow the demo'ing of these three homes. The ICA attorneys have stated that there is a more organized association that they have been speaking with for the past nine months that support this project. I present before this Commission a petition of 145 people in our community who signed and stated "no" to this project. Does the Association or ICA attorneys know the effort it takes to go door to door, speak over -- with over 250 people and ask for a moment of their time, then speak on the project that they've never heard about; finally, asking each resident to sign a petition for or against this project? I know the Commissioners understand the rigorous effort it takes going door to door to their constituents. Of all the people we spoke to, 99 percent of the people were against this project. There were those who were skeptical of anyone coming to their door and being asked to sign a petition. Many stated they were afraid to sign because of fear of repercussions. At the end of the day, 145 people in our community signed this petition, and they said "no" to this project. I am here for me and for those 145 residents. Once and for all, let's put this notion that only a couple of people are against this project. That argument is not only absurd, but it's an intent to undermine the voice of our neighbors. Thirty seconds, can I have, Chairman, to finish off? Chair Gort: Okay. Mr. Grullon: Just to let you know Miami's HEP Board and Zoning Board had to say about this. On June 2, the chairman of the HEP Board referred to this project as "This looks like a nose of a camel proceeding into a historic district. "Another board member said he had a problem with taking three homes out of the neighborhood. "It's a nice project; just the wrong area." Another board member said, "FPL (Florida Power Light) boxes should be moved out of the sculpture garden. Don't believe the buffer presented is appropriate. The gates should not be there, and they must" -- "and if they must per the Fire Department, it should only be used in emergency case." Another board member had concerns because the middle home should have been designated a contributing structure. So thank you very much for your time, and I hope you will either deny this or -- Chair Gort: Defer. Mr. Grullon: -- defer -- that's it -- Chair Gort: Thank you. City of Miami Page 57 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Grullon: -- for when Mr. Hardemon comes back. Thank you. Chair Gort: Thank you. Alan Murphy: Good afternoon, Mr. Chairman and Commissioners. I think this process is absurd. Commissioner Sarnoff Need your name. Mr. Murphy: My name is Alan Murphy. I think this process is absurd. To think that we are going to have three homes demolished, there's going to be impact to our community and the rest of the historic district, and we're only given two minutes to speak. How do you articulate a thought in two minutes? That's absurd. Back in the '80s, our community residents believed that our community had homes and a history that was worth preserving for the -- for who visit our community and the future generations to come in and step back into the history. As a result of our community becoming a historic district in 1987, the undertaking meant that homeowners from that point on had to follow a -- follow the historic preservation building code. This was not an easy seller, but homeowners did come together and agree that it was worth preserving. So what does historic preservation building code mean? Well, in a nutshell, you can't tear down a home unless that home poses a life -threatening condition. So since that time, no home has been torn down within our historic community. We have buses that come into our community daily to showcase our museum, but now that's about to change. Norman Braman is coming to our historic district and purchased three homes, and the HEP Board, through an unprecedented vote, voted to allow the Norman Braman to tear down these three homes. Their vote appears to be motivated by politics, and not following their own historic preservation code. Because of their actions, they have not only set a precedent for our community, but they have also set a precedent for the other four historic districts. The HEP Board chair said, "It sets a bad precedent and in other historic districts." He further stated he sees that the Design District further intruding into our historic district. The Zoning Board, on June 3, said there is no way they could vote -- that could approve this project, and voted "no." They said it was politics; questioned fast -tracking of this project; the City being a co -applicant. Spot zoning. Put a project like this in a historic district in the middle of a street makes no sense. The residents of our community believe that wealth should have no advantage. Our residents are passionate about the continued preservation of our community and would ask that you vote "no" on this project. However, if you feel the vote -- if you fail to vote in the affirmative, I would ask that you hold off on this vote until Braman is willing to make some compromises. And I would just -- I know, I know. As I said, this -- I have a question to ask. Chair Gort: Yes, sir. You ask the questions, we'll write it down; we'll answer it at the end of the presentations. Go ahead, sir. What's the question? Mr. Murphy: Please, give me a second The question I have is I would like to know if the ICA attorneys -- I have a question I would like to ask for the ICA attorneys. And if they don't have the answer, I would like them to make a phone call to find out before the end of this hearing on this project, and that question is: Did the Norman Braman ICA or any entity associated with the ICA hire a board member of our association as a realtor to assist with the facilitation of the sale of the three properties that Norman Braman pur -- ICA purchased on Northeast 2nd Street? Is that question clear or --? Chair Gort: Yes, sir, it's clear. I'm sure the attorney is taking note on that and be able to answer later on, okay? Mr. Murphy: Could you direct them to answer that question before the end of this, sir? Thank you. City of Miami Page 58 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: I've asked the people to answer any questions. I've asked here to write it down. At the end of presentation, we'll answer those questions. Mr. Murphy: Okay. Thank you, sir. Chair Gort: Okay? Thank you. Next. Mr. Hannon: Next three speakers: Zoe Stephen, Eleni Larancuent, and Sarima Gracia. Zoe Stephan: Hi. My name is Zoe Stephan, and I'm speaking on behalf of Robin Porter, my neighbor at 122 Northeast 43rd Street, who's currently out of town. This is her letter. "My name is Robin Porter, andl am a concerned citizen and a 13-year resident of Historic Buena Vista East. My address is 122 Northeast 43rd Street. First and foremost, I'm not opposed to a museum being a part of the Design District. The ICA would be located 50 feet from the existing de la Cruz Collection, which was built five years ago, with no special zoning accommodations. However, the ICA is asking to build a structure that is 70 foot tall. That is well in excess of the T4 limit of 40 feet and would tower over neighboring homes, which are restricted to 25. To change the T4 and residential T3 zonings would eliminate the buffer established in Miami 21 and would negatively affect our area. Imagine a structure almost three -times the height of your house being built within 500 feet, as in my case, or for some of my neighbors, within a hundred. You, as City Commissioners, are obligated by law to be stewards for good growth and development in the public interest. This is a difficult task, but you have Miami 21 to guide you. Miami 21 was developed for neighborhood input over a three-year period, and it's very specific in how zoning is supposed to check neighborhoods; by requiring buffers between high density/intensity zones and lower density residential neighborhoods. Miami 21 does not permit developers with money and political connections to skirt the law that everybody else is expected to abide by. To approve the ICA in its current form violates specific requirements and the intent of Miami 21. It leaves with no -- it leaves us with no transitional spaces, abutting a building that is almost three -times the height of any residential building in Historical Buena Vista East, and does not contribute to the historical aspect of our neighborhood. I expect you all to do what is correct according to Miami 21 and MCNP (Miami Comprehensive Neighborhood Plan). The law governs all of us equally. Respectfully, Robin Porter." Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Sarima Gracia, Eleni Larancuent. Sarima Gracia: Hello. My name is Sarima Gracia. I'm a resident of 36 Northeast 42nd Street. The museum will actually be built a house down from me on the same side. I was pretty excited about this project. I bought my property two years ago, behind the de la Cruz gallery, because I wanted to be part of this whole progressive and being part of like this modern neighborhood with still historic and be able to keep the whole integrity of Miami. So I am pro the project, but I'm very concerned about how it's been gone about. I think that there is definitely ways that they can make this amazing museum with all this great art and all this great exposure, but without violating everything that has been set in place in the first place; for example, setback, 25 feet of setback. Put that fence in the same line where all the rest of the houses are. I don't think it's a big compromise to do, and I think it will help a lot with this whole issue of encroaching into the neighborhood. I think it will actually make us be more a part of the museum instead of being completely pushed out, which is kind of like the feeling over all. Again, I think that it will be a fantastic inclusion to our neighborhood, to our City, for the cultural arts, et cetera; just be a little bit mindful of the effort that has been put and the time and amount of money that people like me have spent to be in that historic neighborhood. I had to abide to those laws when I bought the house. I had to stay in four feet of the fence. Even though it would have been safer for me as a single person living in that house, I had to stay at four feet. So just take into consideration City of Miami Page 59 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 setback and things like that. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Next three speakers: Schiller Jerome, Luis Gutierrez, and Wendy Stephan. Schiller Jerome: Good afternoon, Commissioners. Schiller Jerome, 24 Northeast 47th Street. I'm the president of the Buena Vista East Historic Neighborhood Association. If I can ask the board to just give me additional one minute, because of the fact that I do represent a board. Buena Vista East Historic Neighborhood Association has been around for over 20 years. I've been president for the past two years. I have been in front of you several times. I appear at projects in front of you guys. I've spoken on different issues. I'm here because of the fact that for the past eight months, I've been dealing in being the direct negotiator with both the attorneys and also the ICA project. Now, when we started this process, I was totally against the project, because of the fact that I was concerned about precedent and intrusion. Now, basically, you ask yourself "What changed?" Well, something very happen that changed. Number one, when NDDA slash Dacra decided to enter into agreement with the association, the association had to make a decision, because our biggest concern has always been encroachment and intrusion. And you say to yourself "How many times have a developer has agreed to give up their rights, their future rights to grow on the south side?" And when Dacra slash NDA decided that they was going to enter into agreement with the association, that they were going to give any future rights to encroach on the south side, as a board member, as president, I had to take the long-term approach. Never has that been done before. A lot of time communities that come here saying, !ley, we're not getting anything. "I have an agreement, with damages in writing, both the ICA and Dacra slash NDA, which own the special area plan. So the owners of the special area plan are giving up their future rights in order -- because they realize the importance of this project. There's been a lot of comments said about the board being paid. No one is paid for, for their votes. We are a seven -member board, which are volunteers, and within the board we're elected, okay? No one -- I personally was not paid a dollar, nor do I want a dollar. This is not about money; this is volunteer, you know. My job is (UNINTELLIGIBLE) -- it's not my -- my actual bills are paid. There was another question about precedent. You -- when you give a CI designation, you're setting a CI precedent. So what you're setting is a precedent for another museum in the neighborhood. You're not setting the precedent for another commercial structure in the neighborhood, so I want to make sure that's clear. And again, what changed my mind as president? When the biggest developer and owner of 80 percent of the properties in the Design District gave up their rights to encroach into my neighborhood, which means that instead of me fighting battles on a one -one basis, I decided to fight a battle which I know can withhold for the next 10 years. Thank you very much. Chair Gort: Thank you. Next. Luis Gutierrez: My name is Luis Gutierrez. I live at 151 Northeast 46th Street in the Design -- in Buena Vista East. As an objector, I have via -- doc --a record said at the PZAB (Planning, Zoning & Appeals Board) and the HEP Board to be incorporated with this record regarding due process. There is only one hearing for two separate items of the land. I'm sorry; of -- for two separate item of a land use and zoning change. A speaker should be allowed two minutes for each item. Allowing the changes to CI zoning, which does not meet the required criteria under 7.1.2.8(C), is a departure from the essential requirements of law. The zoning analysis does not even mention the fact that the properties on 42nd Street are part of the Buena Vista Historic District. No importance is given to this being a historic district, even though the proposed land use change will be inconsistent with the comprehensive plan objective LU-2.33, quote, "encourage and prevent" -- I'm sorry -- "encourage the preservation of all historic architecture and archeological resources that have a major significance to the City," unquote. Changing the land use for the -- will not preserve the residential historic district. It will harm its existing character. My question to the City staff Does the fact that the City is a co -applicant on this City of Miami Page 60 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 item grant an exception from any requirements of Miami 21? And if so, could you please cite the section that says so? Thank you. Chair Gort: Thank you. Next. Wendy Stephan: Good evening. I'm Wendy Stephan, 101 Northeast 43rd Street. As a 20-year resident of Buena Vista East, I oppose this application on the basis that it violates Miami 21 and the comprehensive plan, and eliminates hard-won protections that my neighbors and I achieved through Miami 21 and through this SAP (Special Area Plan) process in the Design District. The most glaring problem with this illegal application is acknowledged in the staff report. The parcel to be rezoned is not large enough to qualify. Miami 21 's 7.1.2.8(C), which is written -- which is on your packet, your blue packet, with page number 2, states, and I quote, "No rezoning of land shall be considered which involves less than 40,000 square feet or 200 feet of street frontage on one street." This is -- this point is additionally made on packet, page four, in which a City staffer email makes this case for us directly. So it's documented in the record. Planning staff has danced around this fact. There's no language in Miami 21 that we've identified that exempts CI zoning applications or City applications from this requirement. Seven one two eight "A" states that, and I quote, "All changes shall maintain the goals of this Code to preserve neighborhoods and to provide transitions and intensity, density, building height, and scale." The intrusion of CI zoning into Buena Vista and the resulting demolition of three viable homes is, by definition, neighborhood destruction, not preservation. On page 7 of your handout, the zoning checklist, shows the standards the applicant has failed to prove are met. There are two that are important: "G" and "IV," respectively. Both questions can be answered at once. The prior owner of this property, Dacra, failed to achieve T5 zoning in this location through Miami 21 or through the SAP. The ICA application has flown through at top speed, invalidating neighborhood protections previously negotiated. The emergency here is a political one. Zoning law does not provide exemptions for friends of the Mayor or cultural organizations, however valuable. I ask that the Commission deny this application. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Cruz: Mr. Chair, before I begin my two minutes, could I address a procedural issue? Chair Gort: Sure. Mr. Cruz: Thank you. The rezoning application is incomplete. Section 7128(c) 2(g) says, quote, "The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate. That is an essential requirement of law, but it is not in the application. I ask the Commission to continue first reading to allow the Planning Department to add that requirement -- or the applicant to add that requirement to their application so the public has two full hearings to speak to a complete and legal zoning analysis. Elvis Cruz, 631 Northeast 57th Street. Commissioners, on page 8 of your packet, highlighted at the bottom, is comp plan housing policy HO-118, quote, "The City will protect and enhance existing viable neighborhoods and those areas suitable for housing." The staff finding is underlined in red. Quote, "The subject properties in the surrounding area is a well -established residential neighborhood." Staff went on to recommend denial of that upzoning. That is a staff analysis of a similarly situated property where a rezoning from T3 to T4 was requested. The Buena Vista East Historic District is also a well -established residential neighborhood, yet this housing policy and the three others on that page are either not mentioned or they are purposefully interpreted to support a completely different conclusion. This is a case of selective enforcement and favoritism. Today's land use change analysis is completely misleading, because staff has only quoted comp plan elements which can be selectively interpreted to support approval. Not a single housing policy from the comp plan is included which is very disturbing for an application that would eliminate existing housing. Next, on page 9 and 10 is the map of the recommended zoning change, an isolated island of CI; not even large enough to qualify for a zoning change. It's an example of spot City of Miami Page 61 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 zoning, and the proof is on page 11, the Third DCA (District Court of Appeal) case, which defines spot zoning as, quote, "Rezoning which creates a small island of property with restrictions on its use different from that of surrounding properties solely for the benefit of a particular property owner, " unquote. That is exactly what you have before you today. The City staff is usually familiar with spot zoning. Here's three examples of City analyses of similarly situated properties: Page 12, quote, "The proposed request would result in spot zoning, as there is no T4 adjacent to the property." In this case there is no CI adjacent to the property. Page 13, quote, "This rezoning will result in an undesirable spot zoning, altering the character of Southwest 22 Terrace and the duplex residential neighborhood to the south." Page 13, the proposed rezoning to T4-L can function as spot zoning by introducing commercial uses within the residential zoned area and may set a precedent that could result in a domino effect. Similarly situated properties: completely different analyses, and they all mentioned spot zoning. Gentlemen, please, uphold the law and protect this and all neighborhoods from up -zonings. Thank you. Chair Gort: Thank you. Mr. Hannon: Chair, the last person I have signed up to speak for items PZ.1 and 2 is Stephen Gretenstein: Steven Gretenstein: Good afternoon. My name is Steven Gretenstein. I am the chief operating officer of Dacra, an officer of Miami Design District Associates, and I'm here today to speak on behalf of the Dacra, Miami Design District Associates, and Craig Robbins, my partner. Craig is out of the country today, so he could not be here, and asked me come to speak on behalf of this rezoning. First of all, I would say that, as you know, Dacra has been in the neighborhood for 20-plus years, and we have always worked with the neighborhood associations, and those have been, you know, not always the easiest things to do, but we've always worked very hard with them, and we've always compromised. They've compromised; we've compromised, and we've come up with resolutions to tough issues. In this case, that has also happened. There was an agreement with the neighborhood association. It was a hard-fought agreement. Compromises were made on both sides. Dacra is a party is to that agreement. And we encourage and request that you move forward based upon that agreement. We think it is a good one, and it is important for the City. Lastly and quickly, I don't think I need to reiterate for you that we believe that this is extremely important for the City; extremely important for the neighborhood. It really changes us and moves us into a whole different class of a community, and we think it is good and we encourage you to support the amendment. Thank you. Chair Gort: Thank you, sir. That's it? Okay, we close the public hearings. There was a lot of questions that were asked, and I hope we can come up with the answers. Yes, sir. Stephen Helfman: Good afternoon. Steve Helfman, on behalf of ICA. It's nice to see you all. Let me see ifI can address a couple of questions. I don't know who ICA used as a real estate broker. I would suggest that Mr. Murphy ask his association. He's claiming that somehow a member of his own association was a broker. I don't know that. But it's easy to -- you know, he can certainly ask them, but that's -- has nothing to do with the land use application or zoning application that's before you. I'm trying to be accommodating. We don't have that answer. As it relates to the petitions, which people like to wave in front of you, I just took a moment and looked at it. The petition doesn't address this question. The petition asks if people wanted a park on the property. If you read the petition -- I think it was handed out -- you can look at it. You got 145 signatures that people didn't want a park. Well, we'll see what we're going to bring forward, but I can assure you that we are not bringing you a park or the Planning & Zoning Board a park when we come through for the exception; far from a park. And then, the second question, which was interesting, on the petition was related to demolition of the houses that are there, and some of the people did not want that done. And of course you know that these are noncontributing structures; they are not historic structures, and the HEP Board has voted to allow demolition of City of Miami Page 62 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 them. Regarding Mr. Cruz' questions about the application and the procedure. The application did, in fact, address specifically the questions required in the Code. I'm not sure; he made a slight reference to staff and what the staff may have done, but our application was complete. After 32 years, I figured out how to get it done. This is a difficult application. I understand that these are all difficult votes for you guys. This is never easy, okay? And it hasn't been easy for us, either. We have worked since November, meeting with various members of this community, and we have done the best we can to strike a balance. We have agreed to a number of concessions. We have the support of the historic association for this neighborhood. We have their unqualified support. Mr. Jerome stood before you; I think that's important. We all want to try to take a very big picture of what is happening here while being concerned about our neighbors, and we have. Mr. Braman and the ICI -- ICA went out and bought about $3 million of buffer, okay, so that we could -- so that we would not face the same situation that some of our neighbors have, where, for example, del la Cruz butts up immediately against a residential property. The intent is to create that buffer and to try to alleviate any concern, and frankly, we don't think there will be any. But even the fear of a concern, okay, and that -- and that's what we've tried to accomplish here. This is a land use application, a zoning application. It's not spot zoning, or else, the City of Miami would be spot zoning everywhere throughout this City. Whenever you place a culture institution within any area, it is different than everything around it. When you place a school, it doesn't have the same zoning next to it. When you place a church, it doesn't have the same zoning. When you place a museum, it doesn't have the same zoning. That doesn't mean it's spot zoning, or else, you could never place those institutions right in the areas where they serve the community. And municipal buildings are sometimes in a neighborhood, okay? That's not spot zoning. That's consistent zoning under your comprehensive plan. It is permitted. So we would ask you to follow the staffs recommendation. Again, remind you, we have a long road ahead of us. We have to go back to a Planning Board, which was not very favorable over this application, as you can see from your recommendation, and we have to bring them the project, the actual project of what's going to be built here. So we would ask you to let us take this step. We're coming back here again in -- hopefully, in a couple of weeks for second reading. The district Commissioner will be here and certainly have the opportunity to participate in this, but please, let us move forward. That's all we're asking at this first reading. You will take action at the final reading after you have the input of all of the members, but if you would we would appreciate allowing this matter simply to move forward tonight. Chair Gort: Thank you, sir. Francisco. Mr. Garcia: Thank you, sir. I believe Mr. Helfman has addressed at least some of the issues, possibly many of the issues that have been raised I wanted to add a couple of notes for your consideration. In the first place, to state the obvious, if the City of Miami is approached by applicants who seek to enhance -- Chair Gort: Get closer to the mike. Mr. Garcia: My apologies. I'll try again. I will say again for the record that although I believe Mr. Helfman has addressed many, if not most, of the issues, I would like to add a couple of notes for your consideration. I will say that, first, to state the obvious, if the City of Miami is approached by an applicant who seeks to enhance the City's cultural acumen by bringing in an institution at no cost to the City, we would do well to, at the very least, consider it, and we have. This is the application that brings us that opportunity. This idea, as it was first conceived, was brought to us sometime in the middle of last year. And by way of context, I will tell you, as you know, that the location of the proposed museum would be within the boundaries of the Design District, not only as it presently exists, but as it has historically existed for some time, dating back to the time when the previous zoning designation was SD-8, which allowed greater density, and greater intensity and greater height. Everyone who has spoken regarding Miami 21 is correct in saying that Miami 21 brought to bear some additional restrictions, and certainly, we're not ignorant to the fact that the Buena Vista East historic neighborhood is immediately to the City of Miami Page 63 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 north of the parcel. Now, this parcel, as mentioned in our brief introduction, the subject parcel of this application straddles the Design District and the Buena Vista East historic neighborhood. On the Buena Vista East historic neighborhood site, so far as it is proposed presently, the intent is to improve that area as a sculpture garden. I would propose to you that a garden, a sculpture garden is a less intense use than the duplexes that one could develop as of right in each of the properties encompassed by the rezoning application on the north side within the Buena Vista East Historic District. On the south side, within the Design District, there is within immediate vicinity of the proposed museum facility -- and I hasten to add that the exact design is not before you today; that will have to go through a separate public hearing process. But that building is certainly in keeping in terms of massing and scale with others that are in the immediate vicinity of the site. So the first point I wanted to make clear is that in terms of contextuality [sic] or scale appropriateness, what is being proposed entirely meets those requirements of analysis. I will address briefly an issue that apparently keeps coming up, the issue of spot zoning, and that -- although Mr. Helfman has addressed it sufficiently, I would simply add to the record very concisely the definition of the civic zone, and the CI zoning applied for is the civic zone. The definition reads as follows. It's three lines. "A civic zone consists of public use space and facilities that may contrast in use to their surroundings while reflecting adjacent setbacks in landscapes." All of that, the proposed project, which is not before us today -- not before you today -- all of that is fully complied with. One last point: The setting where this proposed museum is to take place is already a regional attraction. Extraordinary precautions have taken -- have been taken by the applicant in terms of design to ensure -- and this, in large part, in frequent interaction with the neighborhood association and affected stakeholders -- they have ensured that all buffering mechanisms are in place to ensure that no additional impact occurs to the neighborhood to the north, because we are also very sensitive to that. That said, there has been a very thorough, transparent effort on the part of all involved, the City included, to right -size the project, to contextualize the project, and I'm here to represent to you that the CI zoning designation is the perfect vehicle to allow such a project to be considered, while emphasizing once again that the ultimate design of the project is still subject to a design and review process that will take it all the way through the PZAB and possibly back before this board at some future time. Chair Gort: Thank you, sir. Commissioner Suarez: Move it for discussion. Chair Gort: Moved by Commissioner Suarez for discussion. Commissioner Carollo: Second for discussion. Chair Gort: Second by Commissioner Carollo. Discussion. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I have a couple of -- I have one question and some comments. But my question is -- my understanding is that the HEP Board has already authorized -- Mr. Planning Director? Chair Gort: Excuse me. Commissioner Suarez: Question: My understanding is that the HEP Board has already authorized the demolition of these three, what they consider to be non-contributing properties? Mr. Garcia: That is correct, and I'll nuance it slightly for the record. The fact that the three structures involved are noncontributing was established previously as part of the designation of a district. This is not a recent determination by the Historic & Environmental Preservation Board. That determination was made originally when the survey was done -- City of Miami Page 64 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: When the district was created? Mr. Garcia: -- and the original report was produced, which was adopted, resulting in a designation of the district, so that is a long-standing fact. And you are correct in saying that recently, last Wednesday, the Historic & Environmental -- I'm sorry -- last Tuesday, the Historic & Environmental -- I'm sorry, not last Tuesday, which would have been two days ago, but Tuesday last week, the Historic & Environmental Preservation Board issued a certificate of appropriateness -- Commissioner Suarez: Appropriateness. Mr. Garcia: -- to demolish the three structures that you refer to. Commissioner Suarez: And here's the reason why I ask, because you know, when someone brings Mr. Gullon -- Grullon, is that the right --? Sorry. Mr. Grullon went through a tremendous amount of trouble, obviously, and time and energy, I would imagine, in circulating this petition and going door to door, anca you know, that's 150 people that have signed it. But if you look at the petition, it talks about opposing the removal of those three projects, which is not what's at issue here today. I just want to be clear to him, in fairness to him and the work that he's put into this. When you look at the petition, it says, you know, "Are you for or against removal of the property?" And 150 people here have checked off that they're against removal of the property. But I just want to be clear for his -- you know, because of his effort, I really want to be clear for him that that is not being decided here today; that that's -- that was decided by another board at another time. Is that accurate? Mr. Garcia: Yes, sir, that is entirely accurate. Commissioner Suarez: Okay. I just want some clarity there. And I do feel for the president, Jerome, because I also have been a member of my homeowners association as a pro bono legal counsel, and you are oftentimes presented with a project that may have some sort of an impact on your homeowners association, and you have to try to balance, obviously, you know, protecting a neighborhood -- my neighborhood is also historic where I live -- with -- Elvis and I talked about it a little bit behind -- in my office -- where it comes up against, in this case, a commercial, you know, area. In the case of where I live, two commercial streets, largely trafficked. And so the question is what is appropriate for that property to look like? And what kind of use is appropriate? And so, what I think is important here -- and part of the reason why I move this, obviously, I think it's not lost on the applicants, the concerns of the residents here today; and even the petition, because even though the petition, I think, goes to a different question, I still think it's significant that 150 people in the neighborhood, you know, as he said -- and he's absolutely right, you know, the people that, you know, don't often like to open the door, don't often like to spend time hearing this, but, you know, have signed onto this petition, I think that's -- you have to give that some significance and weight, and I'm sure the applicants will convey that. For me, this is one very minor step in a very long process, and I think the applicant has to first come back on second reading, incorporate, hopefully, the concerns that are being mentioned here today, and also has to present a site plan. I think, for me, that's the most relevant point here. The site plan, which also is -- requires an exception, if I'm not mistaken, which also requires a public hearing. That's really the part where they actually lay out -- this is the way it's going to look, and this is how it's going impact the neighborhood, because a sculpture garden -- I mean, I think -- I mean, I can only speak for myself. I think a sculpture garden is a very low intensity of use, depending on how it's buffered or how it's accessible from the neighborhood versus a duplex, which can have, you know, two cars, per duplex, which is four cars for three duplexes -- you know, 4 times 3 is 12. So, I mean, in terms of intensity of use, cars going in and out;, in terms of beauty neighborhood, I'd much rather have -- and we do -- and we're actually exploring in my neighborhood a pocket park, which is just using some of that space to create City of Miami Page 65 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 some sort of interactivity between the neighborhood and the residents. So I think we have to really carefully look at when the site plan comes before us, if it gets there, assuming that we hear this on second reading and it gets beyond that, as to how that's really going to impact the neighborhood. Those are my thoughts on it, having listened to the neighbors. And obviously, like I said, this is just a step in one direction. We have asked the PZAB Board to look at this expeditiously and bring it back to us, and I think they did; maybe not with the recommendation, you know, that the applicants would have wanted, but I think that they understand that that just means that there are -- there's a lot more work to be done between now and this thing becoming a reality. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I think we're here today, more than anything, to see if we move this forward or not. I think it's still very, very early. There's no final decision. There's definitely no final decision. I think the site plan is going to be extremely important in the near future. I have to admit, when I saw the drawing that I was given by Mr. Cruz and mentioned the spot zoning, it weighed in on what I was thinking. And then at the same time, I thought, well, how many -- it's a CI. How many other CIs have other CIs around that area? For the most part, it's a single, because you don't have two or three schools next to one another. If you have a neighborhood and you have a school in the neighborhood, you'll have that site as a CI, and it would stand out, just like it stands out here. So other than a couple of museums that -- Museum Park, there's really not two or three or a neighborhood of museums or a neighborhood of schools or a neighborhood of museums and schools, so it would have to stand out, just like it does here. I have seen the applicant made strides with coming to some common ground with Mr. Jerome and the association, which I think is a great thing. At the same time, I heard from the young lady that was pretty much in favor of this; however, she still would like the applicant to be more accommodating, so I'm not sure -- and I don't want to put words into her mouth, but that's what I took from it. I think, at the same time, the applicant should reach out between first and second reading to the young lady. I don't know her name, but we could find out her name. But it appears that, you know, she comes with an open and reasonable mind, and she would be in favor of approving something like this. However, I think there still needs to be some dialogue there. And I think between first and second reading, there's an opportunity to have that dialogue. I mean, I still really want to know the thoughts of the district Commissioner and -- but between first and second reading, we will have that opportunity. And, at the very least, if this is approved now, we'll move that forward to the next step. Once again, I say, I think the site plan is going to be very important. But I feel, at least with me, that it's important to move this forward, because, again, this is far from being the -- you know, etched in stone in the last step in the process. Thank you. Chair Gort: Thank you. Commissioner Sarnoff Thank you, Mr. Chair. First and foremost, I'm not comfortable when the district Commissioner is not sitting here and he's requested something that's in his district. So what I tend to do is not pay as close attention to something as maybe I should, because I depend on the district Commissioner, who I theoretically believe walked his district, who I theoretically believe -- and I happen to have seen Commissioner Hardemon walk his district pretty extensively, as I crossed paths with him when I wasn't walk with him, so I saw him walking his district significantly. I have some questions of Mr. Garcia. And I'm going to ask, Mr. Recio, do me a favor. Could you tilt that a little bit towards Mr. Garcia and myself? Okay. So the southern part is, I guess, the massing of a building, correct? The southern square is the massing of the building, correct? City of Miami Page 66 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Garcia: As I've seen it in the plans presented, which are preliminary, I emphasize the building, the museum itself the structure, so to speak, is to be erected on the southern half of the site, which is presently zoned T4-O. Commissioner Sarnoff Put your finger, Mr. Recio, on the northernmost part of the southern portion to show me where the massing of the building ends. Okay. So your understanding is that's the end of the massing of the building? Mr. Garcia: As presented by the applicant, yes, sir. Commissioner Sarnoff Okay. And then the northern square -- if you can put up there, that's fine. That would -- so that's the southern massing, right? Mr. Recio: (UNINTELLIGIBLE) southern (UNINTELLIGIBLE). Commissioner Sarnoff Tony, the mike's not on. Chair Gort: IT, where are you? Mr. Recio: I'll use this one. Commissioner Sarnoff Okay. So the -- so going back to the -- to your previous mapping, that is zoned -- that's going to get zoned what? Mr. Recio: CI is what the rezoning is, too. Commissioner Sarnoff For the entire portion? Mr. Recio: That's correct. Commissioner Sarnoff And you're going to go T4-O general urban transit open to T5-O? Mr. Recio: That was the request in the application. The recommendation from staff is that it be CI zoned, and we are accepting that recommendation. Commissioner Sarnoff So the entire square, both north and south, would be C -- Mr. Recio: CI. Commissioner Sarnoff -- CI. Mr. Recio: CI. Commissioner Sarnoff The -- there would be no structures in the northern square? Mr. Recio: Correct. Commissioner Sarnoff That's your -- that's -- Mr. Recio: Sculpture. Commissioner Sarnoff Okay. Now, having said all that, Mr. Garcia, and since Miami 21 allows you to give covenants, if I simply vote for this now, how do I know that I'm going to get what I paid for? So where's the covenant? City of Miami Page 67 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Mr. Garcia: Well, it allows the -- Miami 21 does certainly allow both the Planning, Zoning & Appeals Board and this Commission to consider covenants proffered by the applicant. We have a project that I believe is fairly well developed thus far. We have not received a proffer of a covenant thus far. Commissioner Sarnoff So what would induce me to vote -- even ifI was okay procedurally with doing it -- for something that I don't know what I'm getting and all I'm doing is putting CI in an historic neighborhood? Mr. Recio: A covenant. Mr. Garcia: It's a valid -- a covenant would, sir, but I would like to answer that question further. And this is not unusual, but it's worth considering. Ultimately, the approval of this project has to go through a separate public hearing process that, as you know, takes it to the Planning, Zoning & Appeals Board,- and should that be appealed, then it would come back to you on appeal. So to some extent, it may be premature to consider a final project to approve as that project itself or to consider -- I'm sorry -- a fully designed project as part of a covenant, as that project itself will have to go through a separate vetting process. So long as a -- if a covenant were proffered and if the caveats were inserted in accepting such a proffer that the project itself is subject to the review and approval of the boards and the public hearing, then that might be satisfactory. Commissioner Sarnoff But you're asking me to take a vote now, and you're asking me to do so -- I don't know -- good faith or something like that. Mr. Garcia: No, not exactly, sir. In so doing, we -- the applicant is asking -- we, as co -applicants, would encourage you to consider the possibility to develop this property in a fashion along the lines of what they are describing. Then, should the application come, we will have -- we, as your Planning & Zoning Department -- would have the opportunity to vet the proposal. I'm here to tell you that the CI zoning designation also has very clear guidelines for development that emphasize contextuality [sic] and scale of project, and this one certainly does, but other versions of it also would; and ultimately, again, it has to go through a public hearing process, which would possibly land it before you again. Commissioner Sarnoff But I'm trying to do it based on what I've done -- I've been up here nine years. For nine years, I've been here through 11000; and for about four of those years, I've been here through 21. In all those years that you have asked us to make a major decision that impacts a neighborhood, you have always presented us with a covenant. For instance, I remember on -- I don't know if it was 59th or 60th Street -- the last Commission meeting, you schooled me very carefully that Miami 21 encourages voluntary covenants, and I could rely upon the fact that by making a change to a zoning category, I could rely, one, that would be built; two, if that is not built, it will revert back to the previous zoning. Today, I don't have that comfort. Mr. Recio: Well, we need to give it to you, Commissioner. Chair Gort: Excuse me. Mr. Garcia: Right. And so, I will say, I recognize that your concern speaks to the vote of a covenant proffered by the applicant. The -- what I can address partially is the assurances that Miami 21, the zoning designation, give you. There are two assurances there that I think are worth noting, and then I'll defer to the applicants, should they care to add anything to -- for the record. The assurances that CI offer are two, mostly that the development proposal itself will have to be reviewed pursuant to the guidelines of the zoning designation, which are fairly strict, and also, ultimately go through a public hearing before the project is approved. And the other assurance, vis-a-vis, the reverter of the zoning designation is that should land rezoned to CI not City of Miami Page 68 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 be used for public purpose or any civic institutional capacity, that land shall revert to the most restrictive abutting zoning designation. Commissioner Sarnoff That was the -- that goes back to the Mercy Hospital days. Mr. Garcia: That is still in effect, sir, as part of Miami 21 and CI zoning designation. Commissioner Sarnoff And that kind of gets me -- and understand something, Mr. Helfman, and I'm going to suggest a book for you to bring at the -- next time you come. It's called the "Synagogues of Brooklyn." It's at Books & Books. And you will see massive structures right next to homes that can co -exist. I'm not suggesting this can't be worked out. What I am suggesting is -- and I'm going to go to Miami 21. The only time I've ever been faced here, ever, with an over -vote was during the Mercy Hospital issue, and that Commission at least had the courtesy to hear from me. Today we're moving forward I don't know what Commissioner Hardemon thinks. I don't know who he's met with. I don't know what his inclinations are. I don't know what citizens he's worked with, who he hasn't worked with. I know I have one request from a Commissioner who I think is hard-working, who I've never known to be dilatory, who I believe does everything in good faith. I don't agree with Commissioner Hardemon, and I'm sure he doesn't agree with Commissioner Sarnoff on a lot of things we do, but I've never spent 10 minutes in his boots, and he's never spent 10 minutes in my boots. So I'm not going to join the vote today, but it doesn't mean I don't join the vote at the second meeting, because, like I said, I do think there's a co -existence here. I do think you need to proffer a covenant, and I would certainly impress upon the folks that are going to be voting today to get that covenant, because even though you have some comfort that the City of Miami is a co -applicant, in any joint venture, there are times when the two partners may get into a dispute, and they may not feel like the other one's proceeding in such good faith, so the only question is if the City of Miami pulls out as a co -applicant, does that mean that it reverts back? Or if the other co -applicant gets into a dispute with the City, what goes on? All I'm suggesting to you is I think it's more interesting, procedurally, what we do; and I think, substantively, there should have been a covenant offered, and that covenant should include -- and let me just give you what I think it should include -- that you would mass your building on the lower quadrant of the square; that you would have no structures on the northern section -- southern -- yeah, sorry -- northern section of your square; and that in the event you don't build this in two years, it would revert back to the present zoning category that it's in. I'm not going to join you today simply because unless I believe another Commissioner is avoiding something or another Commissioner has been dilatory in doing something, I believe in the district system. I really do. I don't pretend to know Commissioner Suarez' district. I mean, I know his house. I've been to his house. I know his -- that neighborhood reasonably well, but I don't know what makes him tick. I really don't. And Commissioner Carollo, I don't know your district. I truly don't. You're right; I don't, and I don't pretend to know your district, you know. And I -- and that's the beauty of being up here. And I listen to you, and that's why I think the district -- I think any time that we have -- this is a collegial body. I got to say this. You know, I've been up here nine years. This is a collegial body. We all try to help each other arrive at some just result. But I don't know your districts. A lot of you spend a lot of time in my district. I'm not even going to pretend to say you don't know my district, because I think you do know my district. That's the odd part of this. But today, you know, I just want to go categorically. I can see this thing working. Mr. Helfman, I strongly urge you. I have seen you in Books & Books. It's called, "The Synagogues of Brooklyn." It is sitting right out there. They are huge beautiful buildings. They're big. They're bigger than this. They are right next to -- I don't know if New York calls them RI homes or single-family homes. It works in Brooklyn. I think Buena Vista reminds me a lot of my neighborhood in Brooklyn, Flatbush. We have massive synagogues -- massive -- we have synagogues, and a synagogue is bigger than a house, and it's about probably -- it's probably right at 70 feet. It can work. But for today -- and I don't want anybody to think I'm not going to join them in the second vote. When I hear Commissioner Hardemon, when I hear what he has to say, when I agree or disagree with what he has to say, you will certainly hear from me on a further basis. I do strongly urge you to City of Miami Page 69 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 go back and reconsider a covenant, because I think it's a good idea. Mr. Helfman: From one Brooklyn boy to another -- Chair Gort: Thank you. Mr. Helfman. -- you'll get your covenant. Chair Gort: Let me tell you how I feel about this. My understanding is this whole neighborhood was declared historical neighborhood, with the exception of the three homes that are there. Mr. Garcia: No, sir. In any -- briefly, to explain that away for a second. Chair Gort: Please. Mr. Garcia: In any given historic neighborhood or historic district, for that matter, there are contributing structures -- Chair Gort: Right. Mr. Garcia: -- or buildings, and non-contributing structures or buildings. Chair Gort: Right. Mr. Garcia: It so happens that the three involved here were deemed in the original survey as noncontributing. Chair Gort: Okay, thank you. I have to tell you this, in the experience maybe 30 years ago, per household you might have one car. Today, per household, you have at least four cars; and when you look at the three duplexes, I think this will be an improvement to the neighborhood. I agree with you, and I'm sorry the -- my colleague is not here today, because I know he will be asking for a lot of things, especial jobs, and jobs, and jobs and very important. I do -- I think you heard from -- comments from everyone, and the only reason that I vote for this -- this is first reading. First reading gives you an opportunity to go ahead and go, and it might be denied on the second reading. I don't know. There's a lot of questions that need to be answered, and you can come up with it. But I believe this type of park with the buffering, the landscaping, it'll be an improvement in that neighborhood from what they have at this time. Your covenant not only has to come up with the -- one of the questions that it is, is: Who's going to maintain it? Make sure they have to be maintained in certain regulations. And the other thing is this whole transaction in this neighborhood has been going on for, I think, over five or six years or ten years. Is that --? I wasn't here at that time, but I think this goes way back for a few years. I'm sure there's been a lot of negotiation between the developments [sic] and the neighborhood for a long, long time. And I'm sure to create this, there's been a lot of negotiation. When you come back, I would also like to see the negotiation, what took place, what happened, who gave and how many people and so on. The -- I believe it's very important, because one of the things when I used to sit here in the Zoning Board before, I would ask people to get together with the neighborhood and come up with a compromise. And the one sample that I like to bring always, I was sitting here -- if you go to Dixie Highway and 22ndAvenue, there's a lot there where they have the building -- I think it's six -story high. We had an application in front of us. They were a bank that wanted to put a drive-thru in that lot. The whole neighborhood came against it. You -- okay, the whole neighborhood came against it, and look what we have now. We could have had a drive-thru for a bank; now we have a building with five stories high, which makes it very difficult when you come into City Hall to go through 22ndAvenue, especially early in the morning. So those are just my thought. I think you heard a lot. Questions were asked here. And we going to ask you, when you come back, you got to assure us. And then the district Commissioner; he's going to City of Miami Page 70 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 have a lot of say so, and that's for sure, okay? Thank you. Any further discussion? It's an ordinance. Ms. Mendez: The public hearing was for both -- just to clam for the record, for both ordinances. Chair Gort: Yes, ma'am. Ms. Mendez: Okay, PZ.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.1. Commissioner Sarnoff? Commissioner Sarnoff No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 3-1. PZ.2 ORDINANCE 15-00406zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-O "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIAL AREA PLAN TO CI "CIVIC INSTITUTIONAL"; AND T3-L "SUB -URBAN TRANSECT ZONE LIMITED" TO CI "CIVIC INSTITUTIONAL"; 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; CONTAININGA SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 71 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 15-00406zc-Submittal-Wendy Stephan and Elvis Cruz -Documents in Opposition of Land Use and 15-00406zc-Submittal-Tony Recio-Declaration of Restrictions Covenants.pdf 15-00406zc-Submittal-Stephen Helfman-Community Outreach and Education Plan.pdf 15-00406zc-Submittal-Robin Porter -Letter. pdf 15-00406zc-Submittal-Paul Savage -Property Appraiser Summary Reports.pdf 15-00406zc-Submittal-Paul Savage -Letter of Opposition from Basil Binns I1.pdf 15-00406zc-Submittal-Francisco Garcia-PZAB Resolution. pdf 15-00406zc-Submittal-Elvis Cruz -Land Use and Zoning Change on NE 41 and 42 Street.pdf 15-00406zc-Submittal-Antonio Grullon-Petition Signatures in Opposition of Land Use and Zoning ( 15-00406zc SR Fact Sheet.pdf 15-00406zc Legislation (v4).pdf 15-00406zc Exhibit.pdf 15-00406zc Application & Supporting Docs.pdf 15-00406zcAnalysis, Maps & PZAB Reso.pdf 15-00406zc-Submittal-Commissioner Carollo-Institute of Contemporary Art Miami.pdf LOCATION: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 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". Item does not include a covenant. See supporting documentation and 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 NE 41 st Street from T4-O with Miami Design District Special Area Plan to Civic Institutional; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street from T3-L to Civic Institutional. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Hardemon Note for the Record: Please see item PZ.1 for minutes pertaining to item PZ.2. Victoria Mendez (City Attorney): Now, the second ordinance is -- Commissioner Suarez: Move it. Chair Gort: It's been moved -- Commissioner Carollo: Second. Chair Gort: -- by Commissioner Suarez; second by Commissioner Carollo. City of Miami Page 72 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Ms. Mendez: The second ordinance is going to have the changes described to civic institutional when I read it into the record. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.2. Commissioner Sarnoff? Commissioner Sarnoff No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, as amended, 3-1. Chair Gort: Thank you. The -- Stephen Helfman: Thank you for taking this up. Chair Gort: We have district items. I understand we have some pocket items? Commissioner Carollo: I thought we did them. Commissioner Sarnoff Yeah, we did them. Chair Gort: No, we had the Mayor's pocket. No? Ms. Mendez: No. Chair Gort: Okay. Do I have a motion to adjourn? Commissioner Sarnoff So moved. Chair Gort: Thank you. You all have a good day. MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT City of Miami Page 73 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 NA.1 15-00776 END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY COMMISSIONER SUAREZ REGARDING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND TRANSPORTATION AMERICA, INC., FOR ON -DEMAND TRANSPORTATION SERVICES. 15-00776-Submittal-Commisioner Suarez -Professional Services Agreement with Transportation Ar DISCUSSED Chair Gort: Pocket items. Commissioner Suarez: Thank you, Mr. Chair. We emailed this pocket item yesterday, and it has a financial impact, so I'm okay if the Commissioners do not feel like they're prepared to vote on it today; you know, that's understandable. And it's a significant financial impact; it's not a small one. I tried to get it to the Commissioners as quickly as possible, but I was relying on some information that got to me very late, so I apologize, because I don't like to just put something in front of you and tell you -- I don't like when people do it to me, so -- but just to give you an update on it, it's -- on February 9, the Commission passed a resolution authorizing a point-to-point transportation service. As we know, we changed vendors, and it's been a smooth change, and it's been such a successful program that we've actually busted the bank, if you will. Our elderly in our community, which get free transportation services, point to point, have used it in such a volume, and we've actively, as a Commission office, you know, made it available to City of Miami Page 74 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 them so that it has increased. So what I would like, if the Commission was so inclined, is to at least direct the Administration to -- because there are outstanding invoices for exceeding the contract, Mr. Manager. Would the Commission be okay with us directing Administration to solve -- you know, pay the invoices that are outstanding and right -size the contract, based on -- and bring something back to us to vote -- to right -size the contract, based on the use, the current use and the growth factor for this year or for the current contract year, if it hasn't expired, and for next year? Chair Gort: I have a little problem with that. Commissioner Suarez: Sure. Chair Gort: Let me -- well, there was an RFP (Request for Proposals) that went out. There was the -- a group of non -for -profit, called Accion that were -- Commissioner Suarez: Yeah. Chair Gort: -- they been providing the service for "X" amount of money that we gave from the City, and they received funding from some other sources to provide services to "X" amount of people and so on. Commissioner Suarez: Sure. Chair Gort: My understanding, the RFP was to take over the service that being provided by the Accion -- Commissioner Suarez: Right. Chair Gort: -- with the amount of funding that Accion was getting, and they were going to provide the same service. Commissioner Suarez: Can I explain that, Mr. Chair? Chair Gort: That was my understanding of the RFP. If you're going to change that, then you have to change the RFP and come up with another RFP. Commissioner Suarez: That's not what I'm saying, Mr. Chair, and I -- and again, I understand I'm hitting you with a lot of information with a very short time length. But here's the way it works: We went out to RFP, like you mentioned and this company was selected, because they were the best responsible and responsive bidder. So the way it works is, based on the number of clients that they have, they provide a service at a certain amount. What they're saying is, "We and our clients have been signing up at a much higher rate. So we could, A,' discontinue service at a certain amount, " which, irrespective of whether it's Accion, or this company, or any other company, it would be the same situation. The issue is here that it's such a successful program that our elderly -- and I have to -- happen to have a very high elderly population in my district -- are using it in degrees far greater than what we anticipated. So I see that as a badge of honor for the program. I think what's happening is our elderly are deciding to use this point to point because it's so successful, because it's such a well -run program, in a higher degree -- and they're also using our trollies, by the way. I mean, all our mass transit is being used at a higher degree and a higher level than, for example, the County equivalent, like STS (Senior Transportation Service), which requires a $3 payment; or the bus system, which requires a payment. So for us, I think we're a victim of our own success, if you will. We're a victim of the great service that we offer. Do I think we should reduce that service or say, "Hey, we're capped at 'X' number of dollars"? I do not, because I feel that this is something that's critical, and it's being used critically by the least -- the most vulnerable in our community that are on fixed incomes; that are City of Miami Page 75 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 not going to go back to work; you know, they're poor elderly in our community. And I think the right thing to do -- it's not about the vendor. The vendor is doing a great job. It's not about whether this vendor, Accion, or any other vendor. What's happening is the clients -- we have an unbelievable demand for this service, and I think our demand has just been outpaced by what we thought it was going to be, and I think we should do the right thing. Chair Gort: No, I understand, and I would not want to take transportation from any elderly person, especially in some of the neighborhoods that so much need it. Commissioner Suarez: Right. Chair Gort: But at the same time, this is a policy that we have to establish. Right now, my understanding is we're subsidizing the County program by paying the County -- starting what the fee is. Commissioner Suarez: We're -- Chair Gort: Now, if we're going to determine to do that -- and that going to be increasing constantly, because they're businesspeople. They want to increase it, and they're going to go ahead and increase it. We have to decide, are we going to take over transportation for the County in certain area? That's something we need to decide. Commissioner Suarez: And that's -- Chair Gort: And where the budget's going to come from. Commissioner Suarez: -- a fair discussion. I think you're right. The trend that the City has been showing is that we are increasing our footprint, if you will. We're increasing our involvement, and the beauty -- I look -- I try to look at it from the positive perspective. The beauty of it is that it's been so successful, and what you hear people talk about and complain about constantly is the lack of mass transit, the lack of connectivity, the lack of affordable transit. And the way I look at it is, we're doing it right. And so that's my perspective on it. Chair Gort: No, I understand, and I agree with you, but the RFP -- my understanding -- that's why I'd like to get the information from all department -- Commissioner Suarez: Understood. Chair Gort: The RFP contract now is from 14,000 trip. I want to know what the original RFP was. If they went above that, they should have told us a long time ago, "Listen, guys, we having this problem. We responded an RFP to answer 'X' amount of trips. We going beyond that. You guys got to make a decision." Commissioner Suarez: Yeah, and if -- Chair Gort: You guys didn't notify us. Daniell Alfonso (City Manager): Okay, there is -- I think the company has been billing us somewhat irregularly, so the last invoice that we got was for like five months, all at one shot. That invoice would put the contract well above the number of trips that are allowed, per the contract; that's why we didn't pay that bill. The contract renewed on April 27. April 27, a new year began, in effect, so under the new year that began April 27, we have new capacity, which we're paying for, but we haven't gotten billed for that yet. So right now there's an invoice on hold that pertains to the prior year of service from December, January, February, March and April. City of Miami Page 76 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: Just to be fair, if I may, Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: That means that the provider has provided those services without getting paid. Mr. Alfonso: That is correct. Chair Gort: Yeah. Commissioner Suarez: So he's -- that's benefited our elderly without expectation or knowledge that there would be a repayment. So you can criticize the vendor if you want, but what I'm saying is that -- Chair Gort: Wait a minute. I understand. Commissioner Suarez: Okay. Chair Gort: Here's what I'm trying to get to: There was an RFP. The vendor was supposed to supply us "X" amount of work for that RFP. If that cannot be done -- because then everyone's going to come and low -bid, every RFP that we have. Commissioner Suarez: But it's not about the bid. Chair Gort: Of course, then they're going to say, "Wait a minute, I had to go beyond I'm sorry." Commissioner Suarez: But I think you're confusing two different things. There's the price per trip, and there's the amount of people that use the service. The amount of people that have used the service have far -- the demand has far exceeded. I think both the City and the vendor could argue that it was unexpected that it was going to be at this level. What I'm saying is -- Chair Gort: By the way, I don't have any problem in funding, and I don't have any problem to put "X" amount of money to fund the -- our senior citizens; I don't have any problem with that. I have the problem of the process, because originally, my understanding, the RFP is, you going to provide "X" amount of trip. This is the total sum that you going to get. And so they were aware of the total sum they were going to (UNINTELLIGIBLE). Commissioner Suarez: And so are we, and yet, the service continued to go unpaid; now to an extent of -- Chair Gort: But the RFP did -- Commissioner Suarez: -- almost $200,000 worth of trips. Chair Gort: I understand. Commissioner Suarez: No, it's not that the RFP -- it's got nothing to do with the RFP. It's the service that we provide. Chair Gort: Well, RFP's don't -- okay. Commissioner Suarez: I just think it's a different issue. City of Miami Page 77 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: I'm not (UNINTELLIGIBLE) that. Commissioner Suarez: Yeah. Ms. Mendez: I think we need to clearly review the RFP and see if there was a maximum amount of trips. We don't have that information right now, because we weren't able to get the actual RFP documentation in time, so we're reviewing that. There is some language that says that the Manager can increase capacity, but I don't know if that was in the original RFP. So some things, right now, I can't give you the answer, if we would be able to -- if we would need a new RFP in order to provide the additional services, as you're requesting. That may be another issue. Commissioner Suarez: I think that's fair. Chair Gort: And by the way, let me tell you, I don't have any problem in providing the services; I don't have any problem with that. I just want to do it the correct way. Commissioner Suarez: And I'll just say, I'll take the blame, too, and I don't want to give the impression -- I'm not trying to blame the Administration or blame the vendor. I'll take the blame. As a Commission office, we actively go out and tell our citizens who are elderly, who are poor, "Look, this service is here. If you qualifir under these things, you get free transportation." So we are actively doing that, and so if there's anyone that deserves the blame, I'll take the blame, I'll take the heat. We have been the one pushing it, so -- Chair Gort: You don't have to take the blame. I think that's our job to offer the individual, but this, we need to decide that we going according to what we -- Commissioner Suarez: I get it. Chair Gort: -- RFP we put out there, so. Commissioner Suarez: Okay. Can we direct the Administration to come back to us? Commissioner Carollo: Come back. Commissioner Suarez: Yeah. Mr. Alfonso: What we will do -- because under the current year that began April 27, we do have capacity, but we will come back to this Commission with exact amounts of what is needed to maintain the current level of service, and request the authorization; then, when we do that, to pay the services that were provided that had been billed but not yet paid. Commissioner Suarez: Can I just add one thing, Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: I would say, forgetting about the vendor -- and I understand your -- I understand where you're coming from, because I know -- I remember the fight, and the battle, and it's a -- your district phone company, and I get it, and they're good people, and they were, you know, providing the service for a long time, and I understand all that. What I'm saying is, I agree with everything you said, Mr. Manager, with one minor addition: We should have a growth factor, because I don't want to be back in this situation next year. And if we understand that this service is so successful -- like our trolley service, which we just expanded by a hundred percent, we doubled the number of routes -- let's be intelligent about this and say, "Okay, we see that this program is growing rapidly, because it's being used. Let's factor in a growth factor to City of Miami Page 78 Printed on 7/24/2015 City Commission Meeting Minutes June 11, 2015 make sure that, you know, we're not back here asking six months later for an expansion of the contract." Ms. Mendez: The contract does allow for that growth factor. I just don't know if the RFP allowed for that, and that's what we have to give you a little more information -- Commissioner Suarez: Okay. Ms. Mendez: -- between now and the next time we come to talk about that. Commissioner Suarez: Understood. Chair Gort: And also, what will be the future cost, and how it's going to affect the -- our budget. And we need to allocate the funds for it. Commissioner Suarez: Agreed. Chair Gort: Because, like he said, our trolley has been very successful, we want to expand it, and we have limited funding, so. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: Yes, sir. The meeting adjourned at 5: 36 p.m. City of Miami Page 79 Printed on 7/24/2015 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 11, 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 June 11, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS 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 7/7/2015 City Commission Meeting Minutes June 11, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo and Commissioner Suarez Absent: Vice Chair Hardemon On the ll th day of June 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 9:08 a.m., recessed at 10:43 a.m., reconvened at 2:33 p. m., recessed at 2: 40 p.m., reconvened at 4:16 p.m and adf ourned at 5: 36 p.m. Note for the Record: Commissioner Carollo entered the Commission chamber at 9:14 a.m. and Commissioner Suarez entered the Commission chamber at 9:19 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning, everyone. Welcome to the June 11 meeting of the City of Miami Commission at these historic chambers. The members of the Commission are -- the City Commission are Frank Carollo, Francis Suarez, Marc Sarnoff Vice Chairman Hardemon, and Commissioner Hardemon will not be able to be here; myself Commissioner Willy Gort. We're going to open with the prayer by the Commission, myself; and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. Chair Gort: My understanding, we have one proclamation by Commissioner Suarez, who is not here, so we have to wait. We need one more in -- Commissioner in order to have a quorum. Good morning. We have Commissioner Carollo here, so we have a quorum. Thank you, sir. At this time, we have one proclamation, but it's Commissioner Suarez; we have to wait for him. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00796 PRESENTATION Honoree Pedro Riveron PRESENTED Presenter Protocol Item Commissioner Certification of Suarez Appreciation Commissioner Suarez presented a Certification of Appreciation to Pedro Riveron honoring his valuable community service in helping children stay out of gangs; furthermore commending his dedication to civic responsibility, communal welfare and commitment to elevating the quality of life in Miami. Chair Gort: Before we go on, Commissioner Suarez, you have a presentation. Commissioner Suarez: Thank you, Mr. Chair. I'll be very brief. City of Miami Page 3 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: You're recognized. Commissioner Suarez: Thank you, Mr. Chair. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY Todd B. Hannon (City Clerk): Chair, I have for Commission consideration and approval the regular meeting minutes from the May 14, 2015 Miami City Commission meeting. Commissioner Sarnoff So move. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: At this time, let me ask a question: Do we have any veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Okay, thank you. We'll go over the minutes in a minute. Chair Gort: Madam Attorney, could you express [sic] the procedures, please? Victoria Mendez (City Attorney): Thank you, Mr. Chairman. We will now state the procedures to be followed during this meeting. Any person who is a lobbyist must register with the City Clerk and comply with related City requirements for lobbyists 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 today 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. City of Miami Page 4 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notifir the City Clerk. The lunch recess will begin at the conclusion of 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 may announce, if the Chair allows, which items are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you, ma'am. Mr. Manager. Daniell Alfonso (City Manager): Mr. Chairman, thank you. We have an item that we would like to defer, and that is DI.3, the audit results. Chair Gort: DI.3. Mr. Alfonso: Yes, sir. Chair Gort: Defer to when? Mr. Alfonso: To the next meeting, Commissioner; June 25. Chair Gort: Okay, anything else? Mr. Alfonso: That is all for us. Chair Gort: Any of the Commissioners like to pull any item or --? Okay. Do we have minutes to be approved? Todd B. Hannon (City Clerk): Chair, is there a motion? Commissioner Carollo: Move it. Commissioner Sarnoff Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Sarnoff All in favor, state it by saying "aye." The Commission (Collectively): Aye. Later... Chair Gort: What else? Let me ask a question. Do you have the -- my understanding, the -- we only have one Zoning & -- Planning & Zoning item. Ms. Mendez: We have, starting at 2 p.m., PZ.1 and 2. My understanding is that the District 5 Commissioner will not be here, so he would ask that it would be reset for the next date, which is June 25. Chair Gort: Okay. So the District 5 Commissioner is requesting that it be deferred to the 25th? Ms. Mendez: Yes. City of Miami Page 5 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Okay. Ms. Mendez: Now, we would have to take action at 2 p.m., but if it's something that you're inclined to do, we can start calling people, but formal action should be taken at 2. Chair Gort: Discussion. Commissioner Sarnoff Mr. Chair, why don't you lead the way? Chair Gort: No, my understanding, the -- you know, it's -- I hate to delay things, but if the district Commissioner is requesting -- always, in the past, we sort of respected that, so. Commissioner Carollo: Not always. Chair Gort: Not always, I understand. Sometimes, when it's too many times, then we need to action. But this will be the first time this will be asked to be deferred by the Commissioner, and he's not here, so it'd be very difficult to -- Commissioner Sarnoff So let me then go on the record saying I'll support that position. Chair Gort: Okay. Commissioner Sarnoff Just so they can plan their day. Commissioner Carollo: I will support it, too. Chair Gort: Okay. So -- Ms. Mendez: We'll start calling those involved. I believe the Planning director has access to the applicant's information, and then they'll be here at 2 if there's any objection, obviously, and then you can -- Chair Gort: Well, my understanding is, if we can put any signs up there, it would be favorable; also, if we can start announcing that this will not be heard; that it's been deferred by the request of the Commissioner, okay? Thank you. I need a motion. Commissioner Sarnoff So move. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Carollo. Commissioner Carollo: Hold on. I want to verf. We're making a motion to defer it? Chair Gort: Yes, sir. Ms. Mendez: I think -- the only problem is because the applicant may be against any deferral -- Chair Gort: We'll wait until 2 o'clock. Ms. Mendez: -- we'll wait till 2 o'clock, but at least they know, more or less, that they need to start, you know, either telling people or -- you know, so it's not a surprise at 2, depending on what occurs. Chair Gort: Okay. What else do we have? Ms. Mendez: I believe that there's a pocket item by one of the Commissioners. Okay. City of Miami Page 6 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Mr. Alfonso: And we have an executive session, also. Ms. Mendez: And I believe you have a CRA (Community Redevelopment Agency) meeting. Chair Gort: CRA meeting at 12 o'clock. Commissioner Sarnoff What time? Commissioner Carollo: Twelve. Chair Gort: CRA is at 12. Ms. Mendez: And then we have an executive -- Commissioner Carollo: (UNINTELLIGIBLE) this after. Ms. Mendez: -- a labor executive session meeting today at 2. Later... Chair Gort: Okay, anything else? The CRA meeting -- let me see, what time is it? Commissioner Sarnoff How are we going to have a C -- well, the Chairman's not here. Chair Gort: Hmm? Commissioner Sarnoff I mean, isn't -- Chair Gort: I'm chairing the meeting. Commissioner Sarnoff Oh, I'm sorry. Chair Gort: I was asked to chair the meeting as Vice Chair. Commissioner Carollo: I think it was posted for 12 or thereafter, so. Chair Gort: Let's take a break and come back at 12. Commissioner Sarnoff. Come back at 12? Chair Gort: And I think that's it; we're done for the day. Commissioner Sarnoff I guess we have to come back to make -- Chair Gort: At 2 o'clock. Commissioner Sarnoff -- and adf ourn the -- Chair Gort: We will come back at 2. Commissioner Sarnoff What you might be able to do is we pass the reso now; you come back, chair the meeting and it becomes a retro proposal. Commissioner Carollo: I will yield to the City Attorney on that. City of Miami Page 7 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Madam Attorney, that's a suggestion from Commissioner Sarnoff. Ms. Mendez: Yeah. Commissioner Sarnoff That we would do a resolution now that would adjourn -- that would continue PZ 1 and 2, and then the Chair could just come here and announce the resolution. Ms. Mendez: Because -- Commissioner Sarnoff Trying to give the Commissioners some of their day, that's all. Ms. Mendez: Right. The -- we will be here, because we have executive session, and we have the CRA. The only problem is I'm not sure, since we have not discussed -- it wouldn't be a problem if the applicants were here, but since the applicants aren't here right now, and I think that they were not thrilled with the possibility of a deferral or a continuance, so they have a right to speak on it, so that's the only reason. It's a little different than the procedural ones that we know ahead of time that there won't really be an objection, and we, you know, post it and -- but the applicant may have a -- the co -applicant may have a problem with that. Chair Gort: Okay. It's -- Commissioner Sarnoff Isn't the City the applicant? Ms. Mendez: We're co -applicants, I believe. Commissioner Sarnoff Isn't the City the applicant? Chair Gort: The City is the applicant. Commissioner Sarnoff City is the applicant, so we're objecting to our own application. So the Administration -- Ms. Mendez: Well, if we're the co -applicants, give me one second, then, to -- Commissioner Sarnoff I know we're the applicant. We are the applicant. Ms. Mendez: I thought we were the "co," that's why. Give me one second. Commissioner Sarnoff So the Administration is opposing the Commission. Interesting. Interesting. Mr. Alfonso: The Administration -- Commissioner Sarnoff By the way, I'd like to get some things off my chest, then, if you're going to do that. Chair Gort: Any -- you guys want to have any discussions until 12, or you want to take a break and come back at 12? Mr. Alfonso: Commissioners -- Ms. Mendez: We are co -applicants, Commissioner. Mr. Alfonso: Right. City of Miami Page 8 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff Ah, okay. Ms. Mendez: But if not, this would have been a lot easier, like you suggested. Chair Gort: Okay, gentlemen, be back at 12. I don't think it'll be long. Thank you. Ms. Mendez: So then at 2, we go -- Chair Gort: No, that's not -- Ms. Mendez: Well, we have at -- Chair Gort: We'll come back at 12 -- Ms. Mendez: Right. Chair Gort: -- then we'll decide what time we coming back. Ms. Mendez: Okay, thank you. Chair Gort: Mr. Clerk, what time is it? Nicole N. Ewan (Assistant City Clerk): Chair, it's 2:34. Chair Gort: I got them out of the (UNINTELLIGIBLE). Ms. Ewan: Supposed to come back at 2:30. Chair Gort: I got them out of base, huh? Commissioner Carollo: Are we doing an executive session? City of Miami Page 9 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00581 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), APPROVING THE THIRD OPTION TO RENEW TO THOMAS MAINTENANCE SERVICES, INC. FORAONE (1) YEAR PERIOD FOR FISCAL YEAR 2015-2016 IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14 FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING, M-0082"; ALLOCATING FUNDS FOR SAID THIRD YEAR OPTION TO RENEW FROM ACCOUNT NO. 20-650003 (SPECIAL REVENUE); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD OPTION TO RENEW, IN SUBSTANTIALLY THE ATTACHED FORM. 15-00581 Summary Form.pdf 15-00581 Pre-Legislation.pdf 15-00581 Legislation.pdf 15-00581 Exhibit - Agreement.pdf CA.2 15-00621 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0246 RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY"), AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR THE CITY'S USE OF APPROXIMATELY 7,734 SQUARE FEET OF OFFICE SPACE AT THE LINDSEY HOPKINS TECHNICAL COLLEGE, LOCATED AT 750 NORTHWEST 20TH STREET, MIAMI, FLORIDA, AT AN ANNUAL RENT OF ONE AND NO/100 DOLLARS ($1.00) PLUS BUILDING OPERATING EXPENSES, FOR THE OPERATION OF THE WORKFORCE DEVELOPMENT OFFICE ("OFFICE"), AND AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $35,000.00, FROM THE SPECIAL REVENUE FUND ENTITLED "ACCESS MIAMI," TO FUND THE OPERATING EXPENSES OF THE OFFICE. 15-00621 Summary Form.pdf 15-00621 Legislation.pdf 15-00621 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon City of Miami Page 10 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 CA.3 15-00617 Department of Fire -Rescue CA.4 15-00536 Department of Parks and Recreation R-15-0247 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT #C3013 AWARD FISCAL YEAR 2014-2015," IN AN AMOUNT NOT TO EXCEED $33,239.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") THROUGH THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS FOR THE PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM FOR COUNTIES"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT LETTER OF UNDERSTANDING/AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY RELATED GRANT DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 15-00617 Summary Form.pdf 15-00617 Legislation.pdf 15-00617 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0248 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE TOTAL NOT TO EXCEED AMOUNT OF NINETY-ONE THOUSAND, SEVEN HUNDRED AND THIRTY-SEVEN DOLLARS ($91,737.00) ("GRANT"), FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("FOUNDATION") TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") WITH CITY MATCHES TOTALING NOT TO EXCEED TWO HUNDRED AND TWENTY-NINE THOUSAND, EIGHT HUNDRED AND SEVENTY-FOUR DOLLARS ($229,874.00) ("CITY MATCH") FROM PARKS GENERAL FUND ACCOUNT NUMBER 00001.29599.513000 FOR A HEALTH, WELLNESS AND OBESITY PREVENTION PROGRAM'S PROJECT "I AM FIT MIAMI" COMMENCING AUGUST 1, 2015 THROUGH JULY 31, 2016 (COLLECTIVELY, "PROGRAM"); ESTABLISHING AND APPROPRIATING THE GRANT AND THE CITY MATCH FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED: "HEALTH FOUNDATION OF SOUTH FLORIDA HEALTH, WELLNESS AND OBESITY PREVENTION PROGRAM GRANT FOR PARKS 2015-2016," TO FUND THE DEPARTMENT'S PROGRAM AT TWENTY (20) PARKS THROUGHOUT THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT WITH THE FOUNDATION, IN SUBSTANTIALLY THE ATTACHED FORM ("GRANT City of Miami Pagr 11 Printed on 7/7/2015 CA.5 15-00649 Department of Parks and Recreation City Commission Meeting Minutes June 11, 2015 AGREEMENT"), AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT FOR COMPLIANCE WITH THE GRANT AGREEMENT AND IMPLEMENTATION OF THE PROGRAM'S PROJECT "I AM FIT MIAMI". 15-00536 Summary Form.pdf 15-00536 Back -Up Grant Application.pdf 15-00536 Legislation.pdf 15-00536 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0249 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE TOTAL AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) ("GRANT"), FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("FOUNDATION") TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") WITH CITY MATCHES TOTALING A NOT TO EXCEED AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) ("CITY MATCH") FROM PARKS GENERAL FUND ACCOUNT NUMBER 00001.29599.513000 FOR A HEALTH, WELLNESS AND OBESITY PREVENTION AFTERSCHOOL PROGRAM ENTITLED "FIT2PLAY MAGIC IN MIAMI" ("PROGRAM") COMMENCING AUGUST 1, 2015 THROUGH JULY 31, 2016; ESTABLISHING AND APPROPRIATING THE GRANT AND THE CITY MATCH FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED: "HEALTH FOUNDATION OF SOUTH FLORIDA "FIT2PLAY MAGIC IN MIAMI" GRANT FOR PARKS 2015-2016," TO FUND THE DEPARTMENT'S PROGRAM AT HENDERSON PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO CITY ATTORNEY, A GRANT AWARD AGREEM ENT WITH THE FOUNDATION ("GRANT AGREEMENT"), AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT FOR COMPLIANCE WITH THE GRANT AGREEMENT AND IMPLEMENTATION OF THE PROGRAM. 15-00649 Summary Form.pdf 15-00649 Legislation.pdf 15-00649 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon City of Miami Page 12 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 R-15-0250 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 15-00595 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANALYSIS Economic OF IMPEDIMENTS TO FAIR HOUSING CHOICE (Al)""FOR FISCAL YEARS Development 2015-2020, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AI FOR FISCAL YEARS 2015-2020 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 15-00595 Summary Form.pdf 15-00595 Notice to the Public.pdf 15-00595 Legislation.pdf 15-00595 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0251 Chair Gort: PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution authorizing the approval of the City of Miami's Analysis of City of Miami Page 13 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Impediments to Fair Housing Choice for fiscal years 2015 to 2020. Chair Gort: Thank you, sir. This is a public hearing. Is anyone in the public would like to address PH.1 ? Seeing none, hearing none, close the public hearings. Question: My understanding is this -- the whole study is to see what is the impediment of getting additional housing for workforce and affordable housing. Mr. Mensah: Yes. Chair Gort: The answer -- I think our answer should be money. Mr. Mensah: Yeah. That's one of the -- Chair Gort: That's the largest impediment. Mr. Mensah: Yes, it is. And we did note that in the document. Chair Gort: Commissioner, we're discussing PH.1. Any further discussion? You got some very good information here. Mr. Mensah: Yes, sir, yes. Chair Gort: I like some of the statistics in there. Mr. Mensah: Yes, it is. Chair Gort: Seeing none, hearing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 15-00539 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT ("WASD"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FOUR HUNDRED FIFTEEN (415) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR WASD TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH WASD HAVING 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. 15-00539 Summary Form.pdf 15-00539 Notice to the Public.pdf 15-00539 Legislation.pdf 15-00539 Exhibit - Grant of Easement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 14 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0252 Chair Gort: PH.2. Daniel Rotenberg: Good morning, Commissioners. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. PH.2 is a resolution authorizing the City Commission -- the City Commission authorizing the City Manager to execute a grant of easement to WASD (Miami -Dade Water & Sewer Department), the Sewer Department; perpetual non-exclusive easement of approximately 416 square feet located on Watson Island. Chair Gort: Thank you, sir. It's a public hearing. Is anyone in the public would like to address this; PH.2, anyone in the public? Seeing none, hearing none, close the public hearings. Commissioners. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner -- Commissioner Carollo: Second. Chair Gort: -- Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 15-00541 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "JOMA ESTATES," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00541 Summary Form.pdf 15-00541 Notice to the Public.pdf 15-00541 Legislation.pdf 15-00541 Attachment 1.pdf 15-00541 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 15 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 R-15-0253 Chair Gort: PH.3. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. PH.3 is a resolution approving the third option to renew Thomas Maintenance Services, Incorporated, for a one-year period, in an annual amount not to exceed $152, 686.14 for the project entitled "City Lots and Right -of -Way Landscaping, M-0082." Chair Gort: Okay. Victoria Mendez (City Attorney): Which item, Mr. Santamaria; which item are you talking about? Mr. Santamaria: PH.3. Chair Gort: PH.3. Ms. Mendez: I believe that PH.3 is a plat accepting Joma Estates. Mr. Santamaria: My apologies. Chair Gort: You're in a hurry. Mr. Santamaria: I withdraw. Chair Gort: You're in a hurry. Mr. Santamaria: PH.3. PH.3 is a resolution accepting the proposal, a plat of Joma Estates, located along the north side of North Venetian Drive on Biscayne Island. Chair Gort: Okay. Anyone in the public, now that we have the right item, would like to speak on this item? Seeing none, hearing none, we'll close the second time. Do I have a motion? Commissioner Suarez: So moved. Chair Gort: It's moved by Commissioner -- Commissioner Carollo: Second. Chair Gort: -- Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 15-00542 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "KINLOCH PARK RE -PLAT," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY City of Miami Page 16 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00542 Summary Form.pdf 15-00542 Notice to the Public.pdf 15-00542 Legislation.pdf 15-00542 Attachment 1.pdf 15-00542 Exhibit A.pdf Motion by Commissioner Carollo, 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-15-0254 Chair Gort: PH.4. Eduardo Santamaria: PH.4 -- I think have it right this time. Good morning, Commissioners. Once again, Ed Santamaria, director of Public Works. PH.4 is a resolution accepting the proposed plat of Kinloch Park Re -Plat, located along the east side of Northwest 47th Avenue and Northwest 4th Terrace. Chair Gort: Thankyou. Commissioner Suarez: So moved. Chair Gort: It's a public hearing. Is anyone in the public would like to address this issue? Is there anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Moved by Commissioner Carollo. Commissioner Carollo: Move it. 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. PH.5 RESOLUTION 15-00630 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, CONFIRMING, APPROVING AND RATIFYING THE CITY MANAGERS WRITTEN FINDINGS AND RECOMMENDATIONS; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF ONLINE CANDIDATE FINANCIAL REPORTING SERVICES FROM VR SYSTEMS, INC. ("VRS"), A FLORIDA PROFIT City of Miami Page 17 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 CORPORATION, FOR THE OFFICE OF THE CITY CLERK; IN AN AMOUNT NOT TO EXCEED $5,000.00 FOR THE INITIAL YEAR IMPLEMENTATION, TRAINING AND SERVICES; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.121000.534000.0000.00000 FOR SAID PURPOSE, WITH FUNDING FOR FUTURE ANNUAL RENEWALS TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE OFFICE OF THE CITY CLERK, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE, LICENSE, MAINTENANCE AND SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ANY RENEWALS, AMENDMENTS, EXTENSIONS AND MODIFICATIONS TO THE SAME, AFTER CONSULTATION WITH THE CITY ATTORNEY. 15-00630 Summary Form.pdf 15-00630 Notice to the Public.pdf 15-00630 Memo - Manager's Approval.pdf 15-00630 Legislation.pdf 15-00630 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0255 Chair Gort: PH.5. Todd B. Hannon (City Clerk): Good morning, Commissioners. PH.5 is a public hearing item, a four -fifths bid waiver for the provision of online candidate financial reporting services from VR Systems, Incorporated. Commissioner Suarez: Move it for discussion. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second. We'll now open the public hearing. Anyone in the public would like to address this issue; anyone in the public? Seeing none, hearing none, close the public hearing. Discussion. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. I'll be brief. I just want to thank the Clerk for his work on this. I think transparency in financial reporting for candidates is extremely important in making it easier for all candidates, whether they be elected officials or non -elected officials, to publish their financial data, and contributions and expenses. I think it's something that's in the public's best interest, and it's a very nominal amount that we're paying for that service. So I just want to commend him for his work in making it happen so quickly. Mr. Hannon: And thank you for your support, Commissioner Suarez, and Commissioner Carollo, Commissioner Gort and Commissioner Sarnoff. Chair Gort: Mr. Clerk, would you do me a favor and explain what the process is and what changes are going to take place. City of Miami Page 18 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Mr. Hannon: Certainly. Currently, right now, the City of Miami accepts campaign treasurer reports from candidates in a paper format. What this bid waiver is going to allow the City to do is to essentially accept campaign treasurer reports electronically, making it more convenient for candidates to be able to file their required campaign treasurer reports in accordance with State Statutes. So now, candidates will either have the ability to file electronically or still have the paper option. I will be corning -- I will keep you updated on our progress with -- regarding the implementation of this service; and additionally, legislation will be brought back to the Commission, officially stating the City of Miami's policy when it comes to electronic and paper submissions of these reports. Chair Gort: Thank you. Just want to make sure the public understands what the process is. Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF PUBLIC HEARINGS FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 15-00614 Department ofSolid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22/ARTICLES I AND II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" TO CLARIFY AND AMEND REGULATIONS FOR FRANCHISEES; PROVIDING FOR REQUIREMENTS FOR FRANCHISEES TO HAVE A RECYCLING PLAN AND OTHER PROVISIONS AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00614 Summary Form SR.pdf 15-00614 Complete Legislation SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: FR.1. Mario Nunez: Good morning. I'm Mario Nunez, director ofSolid Waste. I'm here this morning for the first reading in regards to some changes to some provisions of Chapter 22. Let me give you just a quick summary so you understand the proposed changes that we 're making. Some of the changes basically incorporates the definition of "organic waste," "produce market" and "waste to energy facility" into Chapter 22; establishes updated standards for garbage bin sizes and minimum frequency to help mitigate the issues of overflowing situations and general sanitary issues at multi family dwellings; fixed the per -account fee of $75, which is still the same, regardless of when the new account is acquired by the private hauler. It does provide new requirements for permitted haulers to provide recycling plans, recycling reports to City staff; literature provided to the customer base in different languages, included but not limited to information about recycling options and opportunities that the residents have, including actually City of Miami Page 19 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 multi family buildings, retail and office locations. It does define a general boundary of a produce area where we can establish a new ways to collect and dispose of vegetative materials other than land filling. This is in general terms what the proposed changes are being made in the ordinance for your consideration. Chair Gort: Thank you, sir. Is anyone in the public would like to address this issue? Seeing none, hearing none, I'm going to close the public hearing. Let me tell you, this is something that came out in some of the inspection we did and especially in the produce market where we saw a lot of the property owners, and a lot of the people in the business were throwing away all these vegetables, and fruits and so on, and my understanding, that can be -- they can save money, we can make money by doing so and preserve the economy of the place, and clean up the place. Thank you. Do I have a motion? Question? Commissioner Carollo: Yeah. Move it; discussion. Chair Gort: Motion by Commissioner Carollo; second by Commissioner Sarnoff. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Mr. City Clerk, if this passes on first reading, when will it be anticipated to come back for second reading? Todd B. Hannon (City Clerk): I will defer to the Manager as to when he would like to bring this back for second reading. Daniel J. Alfonso (City Manager): The first meeting in July. Commissioner Carollo: First meeting in July. Okay. Mr. Director, I think there's some very good things in this ordinance. There's a few things that I would want to discuss further, so before first reading and second reading, if we can meet so we could get into more details about some of the specifics of some of the areas that I saw. Is that possible? Mr. Nunez: Absolutely. Commissioner Carollo: Okay. Chair Gort: Thank you. Further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.1. Commissioner Sarnoff Commissioner Sarnoff Yes. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes, on first reading. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on -- Commissioner Suarez. City of Miami Page 20 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 RE.1 15-00596 Department of Community and Economic Development RE.2 15-00648 Commissioner Suarez: Yes. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thankyou. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS FROM THE POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 14010.910101.882000 TOTALING $381,000.00, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 15-00596 Summary Form.pdf 15-00596 Legislation.pdf 15-00596 Exhibit - AttachmentA.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0256 Chair Gort: RE.1. George Mensah: Commissioners, George Mensah, director of Community Development. RE.1 is a resolution authorizing the allocation of funds from the Poverty Initiative account, totaling 381,000 to the agency that's specified in the attachment. Chair Gort: Thankyou, sir. Do I have a motion? Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. RESOLUTION City of Miami Page 21 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVEDAPRIL28, 2015, PURSUANT TO INVITATION FOR BIDS NO. 14-15-019 FROM FLORIDA TURF AND LANDSCAPING HORTICULTURE, INC. (PRIMARY) AND SFM SERVICES, INC., (SECONDARY) FOR THE PROJECT ENTITLED "BRICKELL AVENUE LANDSCAPING AND MAINTENANCE CONTRACT, M-0086", IN AN ANNUAL AMOUNT NOT TO EXCEED $427,215.00; AUTHORIZING UP TO FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $427,215.00; ALLOCATING SAID FUNDS, FROM SPECIAL REVENUE ACCOUNT 20-650003; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTORS PERFORMANCE. 15-00648 Summary Form.pdf 15-00648 Legislation.pdf 15-00648 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-15-0257 Chair Gort: RE.2. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. RE.2 is a resolution awarding a contract to Florida Turf and Landscaping Horticulture, Incorporated, in an annual amount not to exceed $427, 215 for the project entitled "Brickell Avenue Landscaping and Maintenance Contract, M-0086." Commissioner Suarez: So move. Chair Gort: Thank you. It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second for discussion. Chair Gort: Second by Commissioner Suarez. Discussion. You're recognized, Commissioner. Commissioner Suarez: Thank you, Mr. Chair. Mr. Santamaria, how is the citywide contract going? Mr. Santamaria: The citywide contract for traffic circles? Commissioner Suarez: No -- yeah, for -- exactly. Mr. Santamaria: Traffic circles, we had a couple of hiccups, but -- Commissioner Suarez: I noticed some improvement, by the way. Mr. Santamaria: Yeah. Commissioner Suarez: I want to say I have noticed some improvement. I just wanted to get your City of Miami Page 22 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 perspective on that. I asked it in the briefing. Mr. Santamaria: We've had a couple of hiccups, but I think that that's just part of the regular kind of starting phase of a project, and I have noticed the same improvement that you have. Commissioner Suarez: Yeah. Mr. Santamaria: And we continue to work with the contractor, which is -- in that case, it's SFM. It's a different contractor -- Commissioner Suarez: Yeah. Mr. Santamaria: -- to make sure that the performance -- Commissioner Suarez: No, I understand. And, you know, again, I am -- I've kind of held off on Coral Way, per se, because of FDOT (Florida Department of Transportation) construction and we haven't -- we're trying to find a plan to improve Coral Way that's sustainable, because I think one of the issues with Coral Way is because of the beautiful trees, the underlying landscaping is kind of very hard to maintain, and very hard to keep consistent. But, look, I commend you for the work that you guys are doing in trying to right this ship. It's been a source of frustration, I think, for all of us for many, many years. We have a traffic circle we're doing right now on 12th Street and 31stAvenue. I'm just giving you a heads up. We're going to do like a time lapse once it's built, because it's going to be beautiful once it's built. They always turn it over to us in a beautiful fashion, so we're going to take a one -day picture, day one picture, day 10 picture, day 20 picture, day 30 picture. So, hopefully, it'll be as nice on day 30 as it is on day one. I'm just -- I'm giving you a forewarning, we're going to be doing that. So, you know, not that I want you to just pay attention to that one traffic circle to the exclusion of the other ones, but, you know, I think one of the things that has been a source of frustration for all of us is the traffic circle gets done, it's gorgeous, it's -- the community loves it, day one is awesome; and day 60, you go back, and it's like, you know, it looks very unkempt. So just giving you the heads up. Mr. Santamaria: Commissioner, I appreciate the heads up in connection to the traffic circles and the contractors, and I think that we'll get to a point where, on day 60, the traffic circle will look just as good, if not better than the day it was initially installed. Commissioner Suarez: That's my whole point. Mr. Santamaria: Regarding Coral Way, just this week, I signed the notice to proceed on that contract, so we'll be seeing an improvement there, as well. Commissioner Suarez: Awesome. Chair Gort: Let me -- tra lc circle were -- when I got back in January, they were already here. But I understand some of the circles go all the way up to $250, 000. Mr. Santamaria: The construction cost in some of the traffic circles, sir, yes, is estimated at $250, 000. Chair Gort: Do we have a cost of the maintenance of those circles? Because I would like to see that, because in my district, what I've done is I have asked them to do the studies. Maybe some of my streets are not that wide, but I opt for the street bonds, because I'd rather spend the money fixing the certain roads that needs to be fixed, especially in Allapattah, and Grapeland, and Flagami, where some of the roads are in bad shape. So I think that's something maybe that we should be looking at, because not only the construction of it, how safe they really are. All through Miami Beach, you can see the street bonds working -- over there in Pine -- what is that? City of Miami Page 23 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 -- it's the Pine -- Mr. Santamaria: Pinetree. Chair Gort: -- Pinetree Drive, you see them all over and they work; they slow people down. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I just wanted you to know that we're doing kind of an experiment in Silver Bluff, which is we've created a traffic mitigation plan for the entire Silver Bluff, which basically has what you said, a speed table in every block, all the way through Silver Bluff with a view of obviously slowing down non -neighborhood traffic. And we've gotten a preliminary approval on 26 of the 32 speed tables, and obviously, having, hopefully, a new County official in -- as the head of transit in Alice Bravo will help foster good relationships between the City and the County going forward. Chair Gort: I'm looking forward to that, because I been going at it for three years now, and I think I got four approved, so -- Commissioner Suarez: By the way, I'm at four -- Chair Gort: -- I'm not doing very good. Commissioner Suarez: I'm -- well -- Chair Gort: I think, 26, you're doing great. Commissioner Suarez: -- let me tell you, I'm at four so far. I've actually done four or six -- Chair Gort: Huh? Commissioner Suarez: -- in total, but -- yeah. But for this project, hopefully, it'll be -- it'll change. Chair Gort: Right. Any further discussion? Commissioner Sarnoff Can Igo off on a tangent? We don't have a big meeting, so -- Commissioner Suarez: Hopefully. Commissioner Sarnoff -- I'm going to -- I'd like to tender a project to Commissioner Suarez, because I'm done, and that happens to be the Kennedy bathrooms. There is nothing I can do to move this Administration along, so I hereby give you this project. Commissioner Suarez: Okay, that's fine. I'll accept on one condition. Commissioner Sarnoff Go ahead. You have all the money that's appropriate -- it's not a money problem. Commissioner Suarez: I will accept -- Chair Gort: What project again? City of Miami Page 24 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: -- that on one con -- Chair Gort: Which project? Commissioner Sarnoff It's the Kennedy Park bathrooms. Commissioner Suarez: And I will accept -- Chair Gort: Kennedy Park bathroom. Commissioner Sarnoff Kennedy, Kennedy. Commissioner Suarez: -- it on one condition. Commissioner Sarnoff Go ahead. Commissioner Suarez: We need to get Douglas Park open. Commissioner Sarnoff Oh, I -- Commissioner Suarez: So -- Commissioner Sarnoff -- don't disagree with you, not at all. Commissioner Suarez: -- I'll throw that one back on you -- Commissioner Sarnoff I don't -- look -- Commissioner Suarez: -- because we had promised the community that that was going to be open in November, December, and Merrie Christmas Park opened, which is viewed -- which is a nice area. It's a beautiful park, and it's a nice area, and people love that park. It's an incredible park. But what happens is, some people in the surrounding area from Douglas say, "Hey, you know, Douglas is still closed, but yet, Merrie Christmas Park, which is a very nice park, has opened up for the public," which is great. You know what I mean? They should both be open is really the bottom line. Commissioner Sarnoff Can I brief you a little bit on that? Commissioner Suarez: Sure. Commissioner Sarnoff I went to the public meeting on that. So we were going to reuse some of the equipment in Douglas Park. Your workout equipment is first generation equipment. Commissioner Suarez: Yeah, it's -- Commissioner Sarnoff They're now up to third generation equipment. The playground is second generation playground. They're now up to fourth generation playground. And we were going to work around it to open those facilities up first. And then a decision was made with the director -- I'm not sure I was all that involved, but I understand what they were saying. Why don't we just redo the whole park? Commissioner Suarez: Okay. Commissioner Sarnoff Instead of getting 80 percent of a new park, let's do a hundred percent of a new park. The community center -- I don't mean to be jokingly, but it's really your community City of Miami Page 25 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 center in Coral Gate -- that's obviously going to happen. We're going to redo the parking area. We were not going to redo the parking area. We were not going to touch the blacktop, and I think, as you all know -- I think Commissioner Carollo knows and you know, maybe even better than me -- as soon as you come off the curb, that particular park goes down -- Commissioner Suarez: Yeah. Commissioner Sarnoff -- pretty steep; very much like Merrie Christmas Park. Commissioner Suarez: Yeah. Commissioner Sarnoff And what we're going to do is re -grade the entire park, so when you step down, you're not stepping down four feet; you may be stepping down one foot. So the whole park, from the parking lot to, as you know, all the way to the baseball field, will be re -graded. The only thing that won't be a hundred percent redone, because it doesn't need to be, is the tennis court, which will get resurfaced. It was already -- we'd done work on that, four years ago; and the basketball court, again, work was done on that, four years ago. In doing the re -grading of everything, it's pushed off the date of commencement, I am told Commissioner, to October. Commissioner Suarez: To commence? Commissioner Sarnoff To commence. Commissioner Suarez: Okay. Commissioner Sarnoff I am told that's been pushed off to October. Now, probably a good question -- Commissioner Suarez: What about completion? Commissioner Sarnoff -- to Ms. Bravo, who -- that's who I dealt with on when something is going to occur, and we're not going to have her here all that much longer -- is I still don't think we have Wilbur Majorca a notice to proceed; meaning I don't think he's agreed with our plan yet. So I want to put that on you all, too. I understand instead of doing 80 percent, you're going to do a hundred percent, and I like that idea. I don't know why July becomes October because of that, but I'm sure there are some reasons. Commissioner Suarez: Yeah; probably have to design more and you have to -- whatever. Commissioner Sarnoff Right. But I want you to know what I was told and what we told the community. Commissioner Suarez: What's the completion -- I mean, if it starts in October, when? Commissioner Sarnoff Completion would be sometime in March. Chair Gort: Who knows. Commissioner Sarnoff No? Chair Gort: Let me tell you something. Last year -- and we -- Commissioner Sarnoff Wait, wait, wait. Chair Gort: -- are going to discuss this for a while. This is something that is very important to City of Miami Page 26 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 all of us. Last year, I remember, just before the summer came in -- and Chief correct me if I'm wrong -- but a lot of the petty crimes that take place, it takes place during the summer; that's when we have increase in crimes. The kids, they're not in school, they don't have anything to do. In our parks, the amount of activities that we have in our parks is great, and I can tell you because of Curtis Park. Curtis Park, that baseball field is constantly being used. Those kids -- you're talking about at least two or three hundred kids that are there doing their sports and doing their thing. We have gone to DERM (Department of Environmental Resource Management). I've met with the -- Commissioner -- Chairman Monestime and the DERM people and all that. Our people have taken plans to DERM, and they constantly are changing them there. So that's -- I kept telling the City Attorney, I think that someday, we might have to sue DERM, because it's impossible that we have spent three years. Our people have come up with plans, how to mediate, how to do it, and they reject it, and they'll change or they'll find another space. And this has got to stop someday, because I know they tried. I know they presented three or four, and now that the -- Alice is going to be part of the Administration there, maybe somehow, you can connect transportation to parks, how important parks are for transportation. But I think we need to do something. Yes, ma'am. Commissioner Sarnoff Can -- could you address -- because you seem to be objecting to the dates I was given. And I just want you to know the only information I get is from your office. It isn't like -- I've been to Majorca's office, I've sat through a couple meetings, but, you know, I think all of us rely upon you all to do these plans and to get these dates. I mean, I was with Jeovanny not a week ago, less than a week ago, and this is what was reported to me. And you seem to be objecting to my dates. Alice Bravo: I want to -- Alice Bravo, Deputy City Manager. I'd like to explain what has evolved. The original plan for this park was, "A," to clean the area immediately surrounding the playground so that the playground could be opened up first; and then, we would proceed with the remediation for the rest of the park. This is a very large park. It has a significant environmental history, so the park project by itself is substantial enough that it needs to be put out to bid. Now, the playground area and opening that up, that was originally going to be done with the JOC (Job Order Contract) contract. In looking at the overall park with our new Parks director, he sees the opportunity to enhance this park significantly with regard to its layout. So its layout affects the remediation plan that has to be presented to DERM. So as part of that discussion, it was deemed best to replace the playground that's at the park, as you mentioned. So, if that's going to be done, then it's better to include it as part of the overall remediation of the park. So we've been working with our consultants and the Parks director to finalize what the plan for the park is going to be. Once that is solidified, then our engineer can solidify the remediation plan and get that approved by DERM, have a full spec package and put that out to bid. So this is the process. We're in June. That requires several months. The -- our designer is committed to turning his remediation plan around in a couple of weeks and getting that in to DERM. DERM is committed to reviewing it as quickly as possible so that we can put the project out to bid. Commissioner Sarnoff I gave an October start date. Was I wrong? Ms. Bravo: I think that that seems aggressive. Commissioner Sarnoff I got to say this, you know, I'm going to say this to you, you know, Mr. Alfonso, we all live and die by what we say at public meetings, and we become liars to the community, because we're giving dates that we don't have a clue whether those dates are real, other than we've come to rely upon you, and you, I hope, rely upon the people you delegate your authority to. And so I was at a public hearing. I know your office was there. And I make this representation that we'll commence in October. It's bad enough I made a representation that we would commence in June; then I was told July, you know, and I made those representations -- City of Miami Page 27 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: And by the way, Mr. Chair, if may, we actually told the public that it was going to be open last November; that was the initial representation, last year. Oh, yeah, we told the public that the park would be open in November. I'm not saying that we had this plan already developed, and all these things have obviously changed the status of the opening, but when it first -- when this first happened that the park was shut down, and we had the conversation about when it was going to be open, we were told it was going to be open at the end of last year. And by the way, that's when Merrie Christmas Park was opened, so at least half of it was accurate. Ms. Bravo: Well, the funding for all park remediations was approved, I believe, in November, so Commissioner Sarnoff When? Ms. Bravo: I believe in late November. Commissioner Suarez: Yeah. Chair Gort: Yeah. Commissioner Sarnoff Okay. Chair Gort: But my understanding is any changes that we make delays it even more, because then you have to go back to design the whole thing again, and has to be approved by DERM. So in making our decisions, we have to -- what's the option? What do we want; open the parks? I understand we want to improve all the parks and so on, but let's get rid of remediation -- Commissioner Sarnoff I tell you what -- Chair Gort: -- and then we can do some of the other. Commissioner Sarnoff -- Commissioner Suarez, I'll make a commitment to you. I'll get construction started by October, on the date that was given to me not a week ago by this Administration, if you can get Kennedy Park bathroom. Commissioner Suarez: Okay. Commissioner Sarnoff Because that's only been three and a half years. Commissioner Suarez: I'll pull the permits on an owner/builder tomorrow, and I'll start chipping -- I'll start doing some demo work in there myself, it's a good workout. Commissioner Sarnoff I still say to this Administration, I'd rather not deliver incorrect news. I'd just as soon deliver the real news and live with it than seem to be -- because they call you a liar at the end of the day. You know, "At the end of the day, you lied to us, Commissioner." Chair Gort: I got to be frank with you. I don't use dates anymore. I tell people, "Look, it's going to take a while, I don't know when. I cannot promise you when, because of the procedure and the process we have to go through, you don't have a definite time. Things might change.' Commissioner Carollo: Mr. Chairman. Chair Gort: And I'm going out with the -- one of my parks. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Can -- is it possible to know what's the City of Miami Page 28 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 holdup on that bathroom? Because, in all fairness, Commissioner Sarnoff, I've seen you move mountains. I mean, just look next door and you see all the trees being planted in Regatta Park and so forth. So I'd like to see specifically what's happening with the bathroom, because, I mean, it seems sort of small compared to some of the other stuff that's been going on over the years. So what's the holdup with the bathroom? Is it design? Is it -- Commissioner Sarnoff says it's not funding, so it's the design? Where are we in the process. Jeovanny Rodriguez: Commissioner, Jeovanny Rodriguez, director of Capital Improvements. The original project for Kennedy bathrooms called for the renovation of the existing bathroom, and that was the project that was designed, and we started actually the renovation of that bathroom. Once we got in there and we started, you know, taking away some of the partitions, then it's when we determined that, really, the bathroom structurally was not in a good condition, it should not be repaired. So at that time, basically, that project died, and we had to engage again in a new design for the complete new bathroom and that's where we are right now. We're working on that design, but that was really the big holdup there. Commissioner Sarnoff So would you like me to hand him all the emails to show him the time sequences and dates? Mr. Rodriguez: Commissioner -- Commissioner Sarnoff I could correct you on the public record, because he's probably thinking, "Why, you just figured that out last week." Mr. Rodriguez: Oh, no, no, I'm not saying that, Commissioner. Commissioner Sarnoff No, I know, but that's the implication that's left here. How long ago was it determined that that bathroom was no longer good? Mr. Rodriguez: Uh -- Commissioner Sarnoff And ifI said two years, wouldl be wrong? Mr. Rodriguez: No, it was not two years, Commissioner. Commissioner Sarnoff No? Mr. Rodriguez: That we needed to rebuild the bathroom and not go forward with the renovations? It was not two years. Commissioner Sarnoff No? Mr. Rodriguez: No. I'm sure. Commissioner Sarnoff Eighteen months? Mr. Rodriguez: I don't think so, either. Commissioner Sarnoff No? Mr. Rodriguez: No. Commissioner Sarnoff I'll give Commissioner Carollo all the emails. Mr. Rodriguez: Okay. I mean -- City of Miami Page 29 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff And I'll make sure that Commissioner Suarez -- because we're going to call it "The Suarez Lavatory." Mr. Rodriguez: Okay. Commissioner Suarez: That's fine with me. Mr. Rodriguez: I mean, Commissioner, you can go back to the emails, but I -- Commissioner Sarnoff I'll give him all the emails. Mr. Rodriguez: -- don't think that's the timeline. Yeah. Commissioner Sarnoff I won't spare any of them. Mr. Rodriguez: Okay. Chair Gort: Let me ask a question, because I deal a lot with the CIP (Capital Improvements Program), and Jeovanny is very -- my understanding is the process that it takes from us making a decision here for it to be implemented is at least nine month. My understanding, there's certain steps that this process have to go through, and sometime, during those steps, they're hold in some offices, and that delays the process. And CIP -- in the end to all of us, it's very important, because that's what people see constantly. So somehow the -- and I know you're working, making some changes. I think the -- we got to look at the steps that we have to follow in order to get anything done. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. That's something that I have tried now for several years. I have brought it up as discussion items with numerous CIP directors that we've had over the last five, six years. I'm in the process again to meeting with the new director of CIP to go over that process and see how we could, you know, make it better and improve on it, because, once again, I keep saying it and I've said it before, it's very hard to explain to a community and to residents how, in District 3, they could demolish an existing business and construct another business within 45 days, and you know, we've established that from the time that we get Commission approval, it takes about a year for shovels to go into the ground. So again -- and I've heard of different excuses, one was a cookie cutter, various different arguments on why it could be done and why government cannot, but, you know, I will maintain the fight that I have over the last few years to see if now, with this new CIP director, we could discuss and see what the process is and how to, you know, cut off without, you know, cutting corners the time frame, because they'll tell you three months, at least three months for design, at least three months for permitting, at least three months for this, at least three months for that. And next thing you know, you're at that year. And then when you say, "Well, I thought we were starting at this date." "Well, we did, Commissioner. We started the design process." "But I thought it was shovels in the ground" "Oh, no, no, no, Commissioner, it's not that. We need to do this first, and then we need to do that. Oh, and don't forget, we need environmental." But the environmental is DERM, and next thing you know, we're at a year. So again, I'm going to continue to work with our Administration, with the new CIP director in order to see if we could somehow make sure that process is done more on a timely manner. And when I mean "timely," what I and I think the residents foresee as reasonable. Thank you. Chair Gort: Let me tell you what our problem is. The City Commission is different from being City of Miami Page 30 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 legislator. Being a City Commission, any time you go shopping, you go anywhere in your neighborhood, people come, "Wait a minute, you promised this park was going to be open, and our park has been there for two years, " or "This violation has been in front of my house for the last six, seven, eight month." We get hit all the time, believe me. Everywhere we go, people come up to me, and then you got to sit down and explain, well, the procedure is a little different from the private sector, public sector. In the private sector, I take actions and it gets done right away. Public sector, there's certain process they have to go. And I think somehow we got to work and see how we can reduce that process. Any further discussion? Well, that was -- Commissioner Sarnoff And there's a new choice coming -- I'm going to speak to Carollo on this - - that there's a new interpretation on the capacity of our consultants by the new Procurement director that will now slow us up an additional three to four months. So it hasn't gotten better; it's actually going to get a little worse. Chair Gort: Okay. Commissioner Suarez: Can't possibly get worse. Commissioner Sarnoff It can. And based on this new interpretation, you now have added about three months. Commissioner Suarez: Well I -- can -- Mr. Chair, can I say something? Chair Gort: Yes, go ahead. Commissioner Suarez: Listen, I've never been a huge advocate of in -housing things. You know what I mean? I'm not like the guy that says, "We should in-house something that we contract out, " because usually, the private sector is very efficient at delivering services at a lower cost. But what I think is happening or what I see happening is we get put on the shelf in these private companies, because they know they have the contract, they know they have the capacity. So we can be, you know, secondary or tertiary to their regular flow of business, and there's no pressure from them to deliver. If we had somebody, for example, maybe in-house, you know, who could do this constantly -- and particularly things that are fungible, like streets, sidewalks, you know, designing and permitting streets and sidewalks, I mean, that's stuff that it's -- I know there's cities - - some cities that do it all in-house, all the way through the -- you know, to the actual building of the streets, the sidewalks, the drainage. So I think Hialeah does it; it's one of them. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I have to admit and commend him. The best experience I had with a CIP project was with Johnny Martinez. I was actually bluntly told, "Listen, the vendor can't do it right now. He can't start at this date. He needs to start in two weeks." And I spoke to Johnny Martinez at that time, and I said, "Johnny, I don't get it. Isn't there a second vendor, a third vendor that could do the work?" And Johnny agreed. We went to the second vendor, and it get - - it did get done on time, very good job, and we met the time, timeline. And I'll tell you the area it was, Grove Park. And most people think Grove Park is in Coconut Grove. It actually is not. It's very close to the Marlins Stadium. And the reason why we needed to start on time and finish on time was to finish the project prior to the starting of the season, because the starting of the season, obviously, you have parking and different issues that go along. So when that vendor said that, "No, we couldn't start it on time, if we have two weeks," just like the excuse that you mentioned we said, "Well, isn't there someone else that could do this project?" So we went to the second vendor, and I'll tell you what, it got done. So kudos to Johnny Martinez. It's the best experience I had with a CIP project. City of Miami Page 31 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Thank you, guys. RE.2. Did we made a motion and we passed it already? Todd B. Hannon (City Clerk): No, sir. There was a motion and a second. Motion by Commissioner Sarnoff -- Chair Gort: Any further discussion? Mr. Hannon: -- second by Commissioner Suarez. Chair Gort: Any further discussion? Being none -- yes, sir. Daniel J. Alfonso (City Manager): Commissioners, I understand the frustration that you have. We sometimes feel the same frustration. I can assure you that none of us in the Administration are thinking, "How can we delay these projects?" We would like to see these projects done as soon as possible, as well. In terms of getting the projects done, we also want to get them done the right way and following all of our rules and procedures. So, yes, sometimes, it takes time. We would -- we are going to try to do better, but we're not going to get contractors to go out there and do work without permits, and we're not going to go out there and get contractors to do work without purchase orders, and we're not going to go out there and give contractors more than they have the ability to provide. So in that sense, I'll just say we're going to do the best that we can under the rules and guidelines that have been set by this policy body, and the State Statutes and whatnot. Commissioner Sarnoff Couldl be heard? Chair Gort: Yes, sir. Commissioner Sarnoff So as long as you decided to put your foot in the water, well, come in. Do you make a commitment on the record right here, right now, you're going to do everything that you can do, every interpretation, every exercise of discretion to ensure that Douglas Park commences construction in October? Mr. Alfonso: Commissioner, I don't know if October is the right date, but I will do everything I can to get it started as soon as possible. Chair Gort: They might surprise you. They might do it before October. Yes, sir, you're recognized. Mariano Cruz: Yes. Mariano Cruz, Chairman ofABDA, Allapattah Business Development, 801 Northwest 37th Avenue, Suite 212. I am speaking because whenever I see these people of Department of Water & Sewers, you know how much they charge the City, how much they charging the City for everything? Because they charge us there or write us to set different line that costing hundreds of dollars, because, you know, they want to do it. Whatever they want to do it, they get it. And it shouldn't be like that, because how come we have to pay? There is a line here, and they say, "No, no, you cannot use that. You got to use a different one." Why? Why is that? It's -- I will take that, because I can give you -- I mean, the way they are. But they are there in Metro Dade County, and they think they can do anything they want, no? You here. You been elected by us, the people of the City of Miami to defend us. Now, if we want to pay, and pay, and pay, okay. That's fine. At least I am not -- not all my money is going there. Thank you. Chair Gort: The board of director of this corporation. By the way, let me tell you, the -- I've had meetings and we had meetings here, and my understanding is Public Works have to issue the permits. All the work that's being done by Water & Sewer is being paid by them. And what we're doing is we make sure our streets are going to be taken care of the same time that they open the City of Miami Page 32 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 sidewalk. Any further discussion? All in favor, state it by saying "aye. The Commission (Collectively): Aye. RE.3 RESOLUTION 15-00632 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO IMPLEMENT A "KEEP MIAMI BEAUTIFUL PROGRAM"; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE PROGRAM IN ORDER TO CREATE AND SUSTAIN A CLEAN AND BEAUTIFUL COMMUNITY WHERE RESIDENTS AND VISITORS CAN LIVE, WORK AND PLAY. 15-00632 Summary Form.pdf 15-00632 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0258 Chair Gort: RE.3. Nzeribe Ihekwaba: Good morning. Zeri Ihekwaba, Assistant City Manager. RE.3 is a resolution to authorize the City Manager to implement a "Keep Miami Beautiful" program, and also to direct the -- to take all necessary actions to implement the program by registering with the National Organization, Keep America Beautiful. This is a program that was born out of the recent inauguration of the weekly Keep Miami Clean campaign that most of the elected officials have participated in, and which has been sustained over time, starting since October 2014. This program will enable us to recognize and implement educational and public enlightenment campaign, and also to establish and foster individual and corporate actions to us keeping the environment clean in a environmentally sensitive and effective manner. Chair Gort: Thank you, sir. Do I have a motion? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Moved by -- Commissioner Carollo: Discussion. Chair Gort: -- Commissioner Suarez; second by Commissioner Carollo. Discussion. Commissioner Carollo: Thank you, Mr. Chairman. Obviously, this is something that's very important to all of us. I think we've all at one time or another have mentioned the issue of cleanliness in our City, and it's my understanding that the main reason for this is to go and try to obtain grants in order to be able to continue this campaign; is that correct? Mr. Ihekwaba: Yes, that's correct. We anticipate to apply and obtain necessary resources, as well as grants from the national organization. And by the way, ifI may mention, they've already been down here in Miami and met with us, and they were very, very impressed with the program. And we do have a deadline of June 15 to finalize our application process in order to get into the City of Miami Page 33 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 next cycle of grants application. Commissioner Carollo: Okay. Yeah, sure, I'm definitely in favor of it, especially if it could get grants for it. The only thing is, in the resolution, I thought it was going to be a little bit more specific. We're approving a very broad plan, but, you know, if the main reason for approving this is for grants, and I definitely do not want to delay it, to make sure we could go after it. But it's -- it was just very broad when I read into it, and there's just areas that, you know -- and I'm sure Commissioner Gort knows that, you know, no matter what we do, it still continues to stay dirty and areas that, for some reason, you just cannot get cleaned up; even if the City goes out there, it just -- I don't know how certain areas just cannot get cleaned up, so. Okay, I don't have a problem with it. And Zeri, you and I have been out there and -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- you know, years ago, so -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- you know areas that I'm talking about. Mr. Ihekwaba: IfI may also add, we've already initiated several efforts to effectively address some of your concerns, Mr. Commissioner. And the Chairman has shown tremendously that she believe in these efforts. In addition to the weekly events that we schedule on Wednesdays, we've also allowed the Solid Waste Department to initiate a pilot program to do additional cleanups on Saturdays. So we do have a sustained and more aggressive effort. And also, in the prior item that Solid Waste has presented for the amendment of the City Code in Chapter 22, he has identified an area in the produce market area that's been created to be a specific area for recycling, to minimize the influx of trash into the City streets and right-of-ways [sic]. So there is a planning of action in place to address some of the hot spots areas. And again, we're coming back soon, because we have also coming up programs that will be installed as specific costs for illegal dumping that will help us effectively through the Miami Police, so we'll also address illegal dumping in the City. Commissioner Carollo: Yeah. In all fairness, there was one hot spot with illegal dumping in District 3, and the Miami Police did actually do a very good job, and we were -- actually be able to curb that. Chair Gort: Yeah. Let me tell you, I think our Sanitation does too good of a work, because people continue to dump. They get picked up and they keep to dump. This is very close to me. I brought this program back about a year ago, and we talked about the -- why it's important for our neighborhoods to be clean, and the City's to be cleaned, especially the poor income neighborhoods where they don't have the resources to do things. But the program has to be not only us being able to pick up the trash. Educate the community. One of the things that I've done, I've asked all of you to do -- and I think the best way to educate any family is through the children. We've been doing to the schools, we have talked to the fifth graders, and we told them the importance of maintaining cleaner the street. Also, at the same time, people need to know how it's going to affect me. "Well, you know, they want to keep the City clean and all that, but I can't afford to pick up stuff" and just throw trash away. My kids are the one that showed me long time ago why it was important to keep the environment clean, why it was important to recycle. We need to go to the school. We need to plan a new education program. And people that been here for years remember the City, how clean this City used to be at all time. Matter of fact, if you -- a lot of times now, you see a car driving by, and you see a bag of grocery or a bag of food going out the window. People need to know this is going to affect them personally, because this trash gets trapped into the storm sewer system, which goes into our water and affects the environment, and affects them directly. So we need to start going to the schools and City of Miami Page 34 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 start talking. We need to educate our community. That's why we need the funds to be able to make sure that people know as -- we need to maintain our City clean. I remember at one time, if you threw trash out, you could get cited. You would get a ticket. And somehow, we have to implement -- I know I'm the bad guy, calling Code Enforcement, constantly going after them, because I think the quality of life begins in the neighborhoods. You're recognized. Commissioner Suarez: Thank you, Mr. Chair. First of all, I want to commend you again for your initiative, because I think we all talked about it, and you led by creating this initiative and getting everyone and all our staff involved. And I think that's a great first step, and I think you're right when you talk about we should continue to be more proactive in going into the schools, and I think -- I don't know if my -- hopefully, my staff is back there listening to this -- I'm going to ask that they set up something at all of our local public schools for us to do that education campaign. You're raising your hand. Mr. Ihekwaba: Yes. Actually, Mr. Commissioner, that effort has been implemented already, and invitation emails have been sent to all the district offices. Commissioner Suarez: Fantastic. Mr. Ihekwaba: The Chairman already kick-started it. He's been to a couple of schools, andl think we're in the process of setting up for District 2, sometime as soon as -- excuse me -- the school year opens in August, District 2 will be scheduled, as well. And also, the Mayor has indicated interest and willingness to participate. Commissioner Suarez: Yeah, and I -- you have my full support and my full involvement. I'm sure all the Commissioners would love to do it, as well. And I think the Chairman is right that education is a huge component. And also, obviously, as a second step, this grant is incredibly important to be able to go after monies that are not -- you know -- that are out there. I think we should always try to maximize our opportunities. But what I said in the briefing is something I want to share with my colleagues, which is phase three of this process, which is if you're a City of Miami taxpayer, if you're a City -- and don't look down, you know what I'm going to say. Don't look down. If you're a City of Miami taxpayer, we're going to start the budget process -- Okay, now, I'm talking to my Commissioners. If you're a City of Miami taxpayer, you have a reasonable expectation that a certain percentage of your taxes are going to be used for beautification, for cleanliness, for -- you know -- and we have to be cognizant of the fact that it's great to go out there with ourselves, and our staff, and the City staff, it's great to educate kids; it's great to go after grants. But we should also be investing a portion of our budgetary money -- something I talked about in the last budget and almost voted against the budget just based on that one issue, and decided that it wasn't fair to vote against the $600 million budget, because, you know, one item that I wanted wasn't included to the level that I wanted it to be included. But again, next year, we're going to be talking about that. The way I would frame the question is: Think about, as a resident -- we all pay taxes here, we all live in our districts. "What percentage of our taxes do we have a reasonable expectation for our government to reinvest in beauting our neighborhoods and the common areas?" That's the question, as I see it. Chair Gort: Thank you, sir. Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.4 RESOLUTION 15-00699 City of Miami Page 35 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE 114TH Commissioner UNITED STATES CONGRESS AND PRESIDENT BARACK OBAMA TO PASS Wifredo (Willy) Gort LEGISLATION REQUIRING IMPORTED CONSTRUCTION MATERIALS MEET THE SAME STANDARDS AS DOMESTIC CONSTRUCTION MATERIALS AND TO PROMULGATE RULES FOR IMPORTED AND DOMESTIC CONSTRUCTION MATERIALS TO ENSURE THEY ARE NOTA HAZARD TO HUMAN HEALTH; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 15-00699 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0259 Daniel J. Alfonso (City Manager): RE.4, Commissioner Gort. Chair Gort: RE.4. Mr. Alfonso: Commissioner Gort, this is the item that -- Chair Gort: Right. Mr. Alfonso: -- you had brought forward, talking about imported materials meeting the same standards as domestic construction materials. Chair Gort: Let me tell you, I think you all have read in the newspapers the problem that we have with a lot of the -- even very luxury buildings and they have the dangers that they use the Chinese walls, drywalls, and they have become very hazardous. My experience, first, when I first got elected in 2010, I inherited a problem in my district in affordable housing, where people bought the condominiums, were able to buy and all of a sudden, after six month, they find out they used Chinese dry -- the wall, the drywall. And we have been going out. It's been three years since we tried to mediate and we tried to fix them, see how we can do it. This is a resolution asking the Federal Government to put certain standards, especially in the construction material being exported [sic] to the United States. You want to read it, Madam Attorney? Mr. Alfonso: I got it. A resolution of the City of Miami Commission urging the 114th United States Congress and President Barak Obama to pass legislation requiring imported construction materials meet the same standards as domestic construction materials, and to promulgate rules for imported and domestic construction materials to ensure they are not a hazard to human health; directing the City Clerk to transmit a copy of the resolution to the elected officials as stated herein. Chair Gort: Thank you. Victoria Mendez (City Attorney): Thank you. Chair Gort: Do I have a motion? Commissioner Carollo: So move. Chair Gort: Moved by Commissioner Carollo. Is there a second? City of Miami Page 36 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Savnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.5 RESOLUTION 14-01247 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY EDGEWATER CONSTRUCTION GROUP, INC., WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $336,938.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF EDGEWATER CONSTRUCTION GROUP, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 14-05075 CA 23, UPON EXECUTING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.302001.545013.0000.00000. WHEREAS, Edgewater Construction Group, Inc. filed a claim and a lawsuit against the City of Miami ("City"), in the Circuit Court in and for Miami -Dade County, Florida, Case No. 14-05075 CA 23; and WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claim and lawsuit be settled for the sum of $336,938.00; and WHEREAS, Edgewater Construction Group, Inc. has agreed to submit a Consent of Surety to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay Edgewater Construction Group, Inc. without admission of liability, the sum of $336,938.00, in full and complete settlement of any and all claims and demands against the City of Miami, its officers, agents and servants, in the case of Edgewater Construction Group, Inc. vs. City of Miami, in the Circuit Court in and for Miami -Dade County, Florida, Case No. 14-05075 CA 23, upon executing a Settlement Agreement and Mutual Release of the City, its present and former officers, agents, and employees from any and all claims and demands, with City of Miami Page 37 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 funds allocated from Account No. 50001.302001.545013.0000.00000. Section 3. The City Attorney is directed to ensure payment to subcontractors and suppliers that furnished labor, material and equipment to the improvement of the City's property. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS; VICTORIA MENDEZ CITY ATTORNEY {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. 14-01247 Memo - Office of the City Attorney.pdf 14-01247 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-1 5-0260 Chair Gort: RE.5. Victoria Mendez (City Attorney): RE.5 is a settlement in the amount of $336, 938, which is pretty much under the contract amount or within the contract amount that's already allotted for this project in order to settle a case with Edgewater Construction Group versus the City of Miami. Chair Gort: Thank you. Mr. Manager. Daniel J. Alfonso (City Manager): I was just going to say, Commissioners, we are in agreement with the settlement. The funds are within the appropriated amount for construction. There was an amount that was retained of about $490, 000 to complete out the punch list, and this is settling out all issues for the remaining 336. Chair Gort: And this is funding -- the money comes from fundings that we reserved -- Mr. Alfonso: Correct. Chair Gort: -- from the project. Mr. Alfonso: Correct. Ms. Mendez: Right. It's within the allocated amount. Mr. Alfonso: Right. City of Miami Page 38 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Ms. Mendez: Also, the punch list, the items that are left are very minimal, which is about 10,000 or less, to complete, and that -- and the money and the savings, we'll still have over $150,000 in savings. Chair Gort: Yes, ma'am, you're recognized. Alice Bravo: Thank you. The funds are actually the remaining part -- Alice Bravo, Deputy City Manager -- remaining funds in the contractor's contract that were in dispute because of payment to subs and punch list items, so it's actual -- already obligated in the contractor's contract. Chair Gort: Thank you. That's what I wanted put in the record. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: For everyone who is listening to this meeting, is it possible to give the overview of exactly what occurred, so we could see exactly it is, and why the money is there, and why is it on escrow, and where we are? This was a CIP (Capital Improvements Program) project? Ms. Mendez: Yes, it was a CIP project for a fire station. The fire station was built, and it was opened. The subcontractors on this matter that were under the contractor, Edgewater Construction Company, did not get paid for the work that they did on that project, so the City withheld payment to Edgewater Construction Company, the main contractor, in order for these subcontractors to get paid for their work. At that point, litigation ensued, and Edgewater Construction sued us for the work that was already done, and that is how we -- obviously, there was an allotment of the monies for that project, and this settlement is within that amount, but that's how everything occurred. Commissioner Carollo: Thank you. Commissioner Sarnoff Mr. Chair -- Chair Gort: Yes, sir. Commissioner Sarnoff -- I'm going to make a motion, but I'd like to mod the resolution. I think the motion should be -- the resolution, however, subject to the City Attorney doing all acts necessary to ensure that all subcontractors are paid, as well as the material men and the laborers, which would include simultaneous closing; the holding in escrows until such time as firm evidence is provided to the City Attorney that all claims have been extinguished. Chair Gort: Thank you, sir. There's a motion. Is there a second? Commissioner Carollo: Second. Chair Gort: As amended? Commissioner Carollo: As amended. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF RESOLUTIONS City of Miami Page 39 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 BC.1 15-00582 RESOLUTION BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marcelo Holzinger Mayor Tomas Regalado 15-00582 Arts CCMemo.pdf 15-00582 Arts Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0261 Chair Gort: Boards. Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. BC.1, Arts & Entertainment Council: Mayor Regalado will be appointing Marcelo Holzinger. Commissioner Carollo: Move it. Commissioner Sarnoff. Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Sarnoff. Being no further discussion, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 14-00964 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez City of Miami Page 40 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 BC.3 15-00583 Office of the City Clerk BC.4 14-00967 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION 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. APPOINTEE: NOMINATED BY: Jeanie Hernandez Commission -At -Large 15-00583 Bayfront CCMemo.pdf 15-00583 Bayfront Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0262 Nicole N. Ewan (Assistant City Clerk): BC.3, Bay: rontParkManagement Trust: There is one Commission at Large appointment to be made. Commissioner Carollo will be reappointing Jeanie Hernandez. Commissioner Carollo: Move it. Commissioner Sarnoff. Second Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City of Miami Page 41 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 BC.5 15-00412 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION Civilian Investigative Panel Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 15-00412 CEB CCMemo.pdf 15-00412 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.6 RESOLUTION 15-00413 NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 15-00413 CRB CCMemo.pdf 15-00413 CRB Current_Board_Members.pdf 15-00413 CRB Memo and Resumes.pdf NOMINATED BY: Mayor Tomas Regalado Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff City of Miami Page 42 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 NO ACTION TAKEN BC.7 RESOLUTION 15-00414 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. BC.8 15-00291 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 RESOLUTION 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: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City of Miami Page 43 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 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. 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 BC.10 RESOLUTION 15-00584 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. BC.11 15-00418 APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-00584 Finance CCMemo.pdf 15-00584 Finance Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION City of Miami Page 44 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 15-00418 MIC CCMemo.pdf 15-00418 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 15-00586 NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. BC.13 15-00708 Office of the City Clerk 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 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Thomas Jelke Off -Street Parking Board (At -Large Appointment) City of Miami Page 45 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 15-00708 Off -Street Parking CCMemo.pdf 15-00708 Off -Street Parking Current_Board_Members.pdf 15-00708 Off -Street Parking Resolution.pdf 15-00708 Off -Street Parking Resume for Appointment.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0263 Nicole N. Ewan (Assistant City Clerk): And BC.13, Off -Street Parking Board. This is a resolution of the Commission confirming the appointment of Thomas Jelke to one at -large appointment to the board. Commissioner Sarnoff. Motion. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: It's moved by Commissioner Sarnoff, second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: That concludes the boards. Thank you. Chair Gort: Thank you. BC.14 RESOLUTION 15-00420 Office ofthe 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 15-00703 Office ofthe 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. City of Miami Page -16 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chair Keon Hardemon 15-00703 Sea Level Rise CCMemo.pdf 15-00703 Sea Level Rise Current_Board_Members.pdf NO ACTION TAKEN BC.16 RESOLUTION 15-00588 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort 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 of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo City of Miami Page 47 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 BC.18 15-00421 Office of the City Clerk DI.1 15-00615 City Commission 14-00867 VKBPT CCMemo.pdf 14-00867 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION 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. 15-00615-Submittal-Chief Llanes-Police Depertment Hiring and Staffing Update Memo.pdf DISCUSSED Chair Gort: Discussion items. DI.1.1 [sic]. Commissioner Suarez: Good work, Tom. Rodolfo Llanes: Good morning. Rodolfo Llanes, Chief of Police. The hiring has been: One officer hired since last Commission meeting; 29 hired year-to-date; eight officers are awaiting medical clearance; four officers are awaiting the second part of the psychological screening. This is part of the 503 candidates that were given orientation, and there's currently 194 candidates still viable. Chair Gort: Yes, sir. City of Miami Page 48 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff Just so the Commission knows, I did meet with the Chief of Police. I shared with him numbers in a PowerPoint presentation. He is scheduled to get back to me tomorrow. I have reserved City Commission chambers for June 30 at 6 o'clock for a sunshine meeting, which will decide whether it needs to go, based on the Chiefs response. Just one question, Chief How did we go from 1,259 budgeted positions to 1,261 this May? ChiefLlanes: There was a budget change. We changed a couple of positions to add new positions to it. So it was just a change in -- from non -sworn to sworn positions. Commissioner Sarnoff How did you do that? Chief Llanes: That was a budget mechanism. Chair Gort: We're working on that bit. Commissioner Sarnoff I like that. It just went like this. Chief Llanes: Like that, sir. Commissioner Sarnoff Thank you, Mr. Chair. Chief Llanes: Is that all we have? Commissioner Sarnoff Well, I candidly met with you, right? Chief Llanes: I'm going to give the Commissioners a shameless plug. I need some assistance. As you -- I don't know if you're aware, but we have a significant deficit in our Police Athletic League budget coming up for the next budget year. Our confiscated money in the LETF (Law Enforcement Trust Fund) that we use to fund the PAL (Police Athletic League) Program is drying up, and so I need to make up a half million dollar deficit to continue this program. As we well know, the Police Athletic League services some of our most dill cult neighborhoods, and this is not the time, given the current state of policing in this country, for us to cut down on these programs. And so on June 27, I'm going to host a gala to try and raise funds, and I would hope that I can get some support from the constituents in each district to buy some tables for this gala. I have some invitations I'll give you; if you could please reach out to some folks in your districts to help me fill this event in order to raise some money. Chair Gort: Thank you; we will. Chief I want to ask you a couple of questions. Commissioner Sarnoff Can I just say something? Chair Gort: Yes. Commissioner Sarnoff Chief you're having your Police Athletic League fundraiser on Key Biscayne; interesting choice of places. Chief Banes: Wherever the free venue is, is where we're going. Commissioner Sarnoff You ever think why it might be free? Chief Banes: Yes, Mr. Chair. Chair Gort: Chief let me ask you a question, because you stated when you first came in that you're working on a program where you can put more police officers in the streets. How is that City of Miami Page 49 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 going? Chief Llanes: Well, we're still -- you know, it's a work in progress. We've identified a number of positions that are being currently filled by officers that can be filled by civilian personnel. However, there is a job being done there now, and until we can fill that position that we've asked for and a number of additional positions in the '15/16 budget. Those officers will come off the street. But they are fulfilling a function now; they cannot -- Chair Gort: Right. Chief Llanes: -- be abandoned, and so -- and we'll continue that review on an ongoing basis to see if officers that are doing jobs that can be done by non -sworn, we will replace them. Chair Gort: Thank you, sir. Chief Llanes: Thank you. Chair Gort: Any further discussion? Being none. DI.2 DISCUSSION ITEM 15-00625 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 1ST QUARTER OF FY 15. DI.3 15-00478 Department of Finance 15-00625 Summary Form.pdf 15-00625 Memo - Unreimbursed Grant Exp..pdf 15-00625 Back -Up from Law Dept..pdf DISCUSSED Chair Gort: DI2. Jose Fernandez: Good morning, Commissioners. Jose Fernandez, Department -- director of Finance. DI1.2 [sic] is a quarterly update of non -reimbursable grant expenditures for the Financial Integrity Principles. The Finance Department needs to make an assessment and then report back to the Commission on its findings. There is a scrivener's error on the agenda. It reads, "For the first quarter of FY-2015." It should be for the second quarter, or the quarter ended March 31, 2015. I'm pleased to report that for this quarter ended, there were none. So I don't know if you have any questions. Chair Gort: Thankyou. You have any questions? Any questions? Thankyou, sir. DISCUSSION ITEM PRESENTATION OF 2014 FISCAL YEAR AUDIT RESULTS 15-00478 Summary Form.pdf 15-00478-Submittal-Jose M. Fernandez -Management Letter Year 2014.pdf 15-00478-Submittal-Jose M. Fernandez -Single Audit Report Year 2014.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 50 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon DI.4 15-00633 City Manager's Office Note for the Record: Item DI.3 was deferred to the June 25, 2015 Planning and Zoning Commission Meeting. DISCUSSION ITEM FINANCIAL ASSISTANCE PACKAGE FOR THE PURPOSE OF ACCOMMODATING FUTURE TRI-RAIL SERVICE TO DOWNTOWN MIAMI. 15-00633-Submittal-Fernando Casamayor-Trirail Status Update.pdf DISCUSSED Chair Gort: DI3. Commissioner Carollo: That's deferred Mr. Chair. Chair Gort: Deferred. Oh, right. Commissioner Carollo: DI.4. Chair Gort: DI.4. Thank you. Fernando Casamayor (Chief Finance Officer/Assistant City Manager): Commissioners, DI.4 is a discussion item on the Tri-Rail funding that was -- you asked us several Commission meetings ago to meet with the representatives from Tri-Rail and All Aboard in order to come up with a funding package for this. As you can see with the handout that we gave a couple days ago, we have reached our goal to fund this project. We are currently in process of hammering out the agreements between the different entities that are committing funds to this project, and that should be come -- that should come to the Commission at some point in July. Chair Gort: Questions? Discussion? Thank you, sir. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: The -- at this time, my understanding is, there's a 2 o'clock announcement to begin any Planning & Zoning, and my understanding is people wanted to defer, but before we could defer, my understanding here, we have to hear from the applicant, if they would concur or they want to argue about the deferral. I think we have to make -- Mr. Clerk, will you swear people in? Todd B. Hannon (City Clerk): Certainly. Madam City Attorney, did you want to go over the PZ (Planning & Zoning) order of the day, and then I'll administer the oath? Victoria Mendez (City Attorney): We will now begin the Planning & Zoning items, and I will read the procedures to be adhered to. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, 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 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. The applicant will then present its application or request to City Commission. If the applicant agrees with the staff recommendation, and no one from the public wishes to speak for or against, the item may City of Miami Page 51 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 PZ.1 15-00406Iu proceed to its deliberation and decision. The applicant may also waive the right to evidentiary hearing for the record. The order of presentation shall 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. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Mr. Hannon: Good afternoon -- Chair Gort: Thank you. Mr. Hannon: -- ladies and gentlemen. If you'll be speaking on any of the today's Planning & Zoning items, ifI can have you 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, Chair. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 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 SR Fact Sheet.pdf 15-00406Iu Analysis, Maps & PZAB Reso.pdf 15-004061u Application & Supporting Docs.pdf 15-004061u-Submittal-Wendy Stephan and Elvis Cruz -Documents in Opposition of Land Use and 15-004061u-Submittal-Robin Porter-Letter.pdf 15-004061u-Submittal-Antonio Grullon-Petition Signatures in Opposition of Land Use and Zoning C 15-004061u-Submittal-Elvis Cruz -Land Use and Zoning Change on NE 41 and 42 Street.pdf 15-004061u-Submittal-Francisco Garcia-PZAB Resolution.pdf 15-004061u-Submittal-Paul Savavge-Letter of Opposition from Basil Binns II.pdf 15-004061u-Submittal-Paul Savavge-Property Appraiser Summary Reports.pdf 15-004061u-Submittal-Stephen Helfman-Community Outreach and Education Plan.pdf 15-004061u-Submittal-Commissioner Carollo-Institute of Contemporary Art Miami.pdf 15-004061u Legislation (v2).pdf 15-004061u Exhibit.pdf City of Miami Page 52 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 LOCATION: Approximately 53 and 61 North East 41st 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 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 PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Hardemon Chair Gort: Okay, my understanding is there was a -- have the -- try to have a motion to defer, but my understanding is we have to see if the applicant have any opposition that he wants to expresses [sic]. Tony Recio: Certainly. Chair Gort: Yes, sir. Mr. Recio: Thank you, Mr. Chair. For the record, my name is Tony Recio, with law office at 2525 Ponce De Leon Boulevard. My understanding is that the Commissioner of the district has requested that the matter be deferred because he's out of the country. We are prepared to move forward. We respect the Commissioner's request, but we just wanted to let this Commission know we are prepared to move forward, if it's the Commission's will. Or if it is the Commission's will not to, we can certainly wait till June 25. We've already been delayed in this application a couple of times for other factors outside of the Commission's control, so we would like to move forward, and there will still be a second reading anyway on, you know, on June 25, there will be opportunity for that. But we are prepared to move forward. We just wanted to make that clear. Commissioner Suarez: Mr. Chair. Chair Gort: Okay. Yes, sir. Commissioner Suarez: Thank you. You know, when we -- when this last came before the Commission, we were very adamant that we were instructing the P&Z to hear it in a certain method and manner. We were kind of admonishing the P&Z for kind of doing what we thought was potentially a delay. I feel somewhat bad, because I think some of my comments were misconstrued by some of the members, and they called me, and, you know, I spoke to at least my board member to reassure them that it's not that I've lost confidence in them, per se. It's just that we want things to be done orderly. Having said that, I think because we had, in effect, asked City of Miami Page 53 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 them to speed it up, I feel, you know, kind of badly now saying, "Well, now we're going to defer it." So, you know, I'm prepared to hear it today. I'd like to hear it today. It's just a first reading. To the extent that anyone would be negatively affected, they can come back on second reading, and the district Commissioner will be here on second reading, and we can actually hear it again. I don't think there's any sort of prejudice in any way, shape or form. So that's my personal preference. I don't know how my colleagues feel, but that's my preference. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Thank you, Mr. Chairman. I think we had a brief discussion about this earlier today, and it was my understanding that there was no one that wanted it to actually proceed, or there was no issue with it not proceeding today. Now seeing that, you know, the applicant is here and they do want to proceed, I also feel that -- listen, we were although terse in the last time that we heard this, we pretty much said, "Listen, we don't want this to linger anymore; we want to have it heard" So now saying that we want to, once again, defer it for two weeks I don't think is the right decision, so I'm ready to hear this. And again, listen, if this was the final decision, I think I would then, you know, think otherwise. However, this is only first reading. There will be a chance on second reading for the district Commissioner or anybody else to actually chime in and say exactly what they think about this project. So I'm ready to move forward. Chair Gort: Okay. Commissioner Sarnoff I simply don't want to get crossed with Commissioner Hardemon. I don't remember him really asking for very many continuances. Long as you all feel like you won't be disappointed, it certainly is the will of the Commission. I can see that they want to move forward, so I'll move forward with you. Chair Gort: Okay. So since we're going to be moving forward, we'll come back. We have to go to the special session upstairs. We'll come back to continue with this and the rest of the -- Elvis Cruz: Mr. Chair, permission to speak on the deferral? Chair Gort: Yeah, you can speak, but we're going to listen to you. You're going to have an opportunity to speak later. Mr. Cruz: Well, the thing is, Commissioner, when we arrived at 2 o'clock, we were told by numerous staff members that this was going to be continued, and we advised people it's continued; the Commissioner is out of the country, and now we're hearing that it's going to be heard, so we're -- we've been caught off guard by this. Chair Gort: Okay, thank you. Later... Chair Gort: (UNINTELLIGIBLE) explain what was taking place upstairs. Ms. Mendez: We were in an executive session talking about labor negotiations, and that meeting has now finished, and the City Commission will start momentarily. Thank you. Chair Gort: And that meeting was for 2 o'clock? Ms. Mendez: Yes. City of Miami Page 54 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Do we have to make any announcement in the end of the session and --? Mr. Hannon: No, sir. We're good to go. As soon as we have quorum, we can proceed with the Planning & Zoning items. Chair Gort: Okay. As soon as we have quorum, we'll get going. It's all yours. Mr. Hannon: Chair, if I may? Chair Gort: Yes. Mr. Hannon: I notice that there are a few new people here in the chamber, and I'd just like to have the opportunity to administer the oath one additional time. If you will be speaking on any of today's Planning & Zoning items and you have not -- and you have not had the oath administered to you, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Francisco. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. The two items to be heard today in the Planning & Zoning agenda are related to the same property, located approximately at 53 and 61 Northeast 41 st Street, and 50, 58th and 68th Northeast 42nd Streets. The items are respectively a land use change in PZ.1 and a rezoning in PZ.2. And the request is originally for a zoning designation to go from T4-O to T5-O on the southern portion of the property and from T3-O to T4-O -- I'm sorry -- from T3-L -- I apologize 3-L to T4-O on the northern portion of the property. However, the recommendation of the Planning & Zoning Department is that the zoning change take place to CI, which stands for "civic institutional, " and my understanding is -- and they will confirm, hopefully, shortly -- that the applicants are amenable to that recommendation. In addition, I want to mention a couple of other facts. The land use designation change would be from duplex residential on the northern portion of the lot and general commercial on the southern portion of the lot to major institutional public facilities, transportation and utilities for the entire lot, and that we concur with. The reason for our recommendation that the parcel be zoned CI -- again, civic institutional -- is because, as you may know, the intent is to develop the site as a museum, to be known as the Institute of Contemporary Art, and it is in this zoning designation that uses along these lines are most appropriate. I should emphasize that in order to actually develop this site as a museum, the applicants will need to obtain, in addition to the zoning change, an exception permit, which, of course, requires a public hearing as well, and would have to be approved not by the Planning & Zoning Department, but by the Planning, Zoning & Appeals Board as part of a public hearing. A couple of more facts: The Planning, Zoning & Appeals Board has recommended, by a vote of 10 to 1, to deny the request for a land use change and zoning change; and also as a footnote, because it came to you previously as well, the Historic & Environmental Preservation Board recommended -- in fact, approved, I should have said -- a certificate of appropriateness, by a vote of 3 to 2, to demolish the three single-family residential structures that are presently located on the northern portion of the parcel. I should emphasize by way of background -- and I'll end briefly and defer to the applicant -- that the subject parcel of land straddles the Buena Vista East historic neighborhood on the north and the Design District on the south, and there is presently an overlay, which is the special area plan for the Design District, that affects the parcels to the south. That, too, is sought to be removed, as it will no longer be part of the commercial component of the Design District; rather, a civic institution that will benefit the City as a whole. City of Miami Page 55 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Our recommendation is for approval as presented. And we stand by to answer any questions you may have. Chair Gort: Thank you. Yes, sir. Mr. Recio: Thank you, Mr. Chair, members of the Commission. My name is Tony Recio, with law office at 2525 Ponce De Leon Boulevard. I'm here on behalf of the Institute of Contemporary Arts [sic], Miami, Incorporated; joined by Tommy Ralph Pace, who's the associate director in the back row; also got Steve Helfman, my partner; and Marcel Morlote, who is the project architect, in case there are any questions. We want to explain -- we are here on behalf of ICA (Institute of Contemporary Art) Miami. This is a cultural nonprofit institution. They've been here -- they were -- they had their -- a collection at MOCA (Museum of Contemporary Art) for many years. They have -- they are right down the street from this location right now on Northeast 2ndAvenue. They are dedicated to promoting the arts, to art education and to supporting contemporary artists. They want to expose as many people as possible to contemporary arts. This is completely a museum that will be open to the public, and that's why we're here on that. So I want to stick to what we're here to talk about, which is the rezoning application and the comprehensive plan application, so I will be very quick and just walk you through. As Mr. Garcia explained, the property itself consists of two parcels in the Design District or adjacent to Design District parcels here on 41st Street. The northern part of the parcel is three parcels on 41st Street, which is in the Buena Vista East Historic District, so it's straddling both parcels. The rezoning that is being sought is -- well, actually, the comp plan designation that is being sought is a major institutional and public facilities comprehensive plan designation. The rezoning that is being recommended by staff that we are in agreement with is the CI, civic institutional zone. That is the category for few museums, for schools, for churches, for government facilities. It's -- that's what you have in CI, and that's what this would be. This is a museum use in a CI district. The -- as Mr. Garcia explained, this CI zoning does require an exception approval for anything to be built there. So this rezoning, even on first and second reading, is not the end of the story. We have to come back to the Planning, Zoning & Appeals Board on an exception use to go through a site plan. So that site plan is not before you this afternoon; it's only the rezoning that is before you, the rezoning of the comprehensive plan designation. So to the extent that we may hear some talk about the site plan and other issues, that's not what is before you, in actuality, so in terms of the Historic Board approval -- again, not before you, but it was mentioned by Mr. Garcia -- they did approve demolition of three non-contributing structures on that parcel. The one addendum I would think to Mr. Garcia is that it wasn't -- they were not single-family structures; they were -- they're actually duplex and a little larger structures than that. But in any event, they did approve demolition of those structures, and to construct what is a part of the site plan, which is going to be open space on that -- on those northern lots here. So we have a staff recommendation for approval. We're in agreement with staff's recommendation. The Buena Vista East Homeowners Association is supportive of this application. There are a couple of people here that are supporting. This is the actual association. We came to an agreement with them, and I would disclose that agreement. There are a number of things that we agreed to, but one of the key things is a limitation on any development on these north parcels. Right now, what is proposed -- what will be proposed there is open space, so they understand that. So that is limited to -- maximum in any point in time in the future would be 23 feet, so the same as a single-family home, but we don't have any proposal on there right now. Another thing that was agreed to that I just want to call your attention to: All of our loading, and all of our waste disposal, and all of our storage, that all comes from 41st Street. That comes from this street, not from 42nd Street. So we think that that's important to highlight. We're also participating with them on any future issues that they have with other entities that want to commercially intrude onto their district. This is not a commercial use. We don't purport to be one. What we are is a museum, a cultural facility. And then there will also be access, special access privileges to the museum and to the grounds to all residents of the district, so we think that that's important to highlight. Beyond that, we are -- that's the long and the short of it. This is not an incredibly complicated application. It's straightforward. It's just a City of Miami Page 56 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 rezoning in the comprehensive plan. It's not the site plan itself. So we would appreciate your support. And if you have any questions, we'd love to answer them, and we'd like to reserve the rest of the time for rebuttal. Thank you. Chair Gort: Thank you. How many speakers? Mr. Hannon: I have 11 people signed up to speak, sir. Chair Gort: Do you want to call them, please? Mr. Hannon: Yes, sir. First three speakers for items PZ.1 and 2 -- the public hearing will be opened for items PZ.1 and 2 -- Alan Murphy, Dolly McIntyre, and Antonio Grullon. Dolly McIntyre: Good afternoon. I'm Dolly McIntyre, advocacy chairman [sic] for Dade Heritage Trust, with offices at 190 Southeast 12th Terrace in Miami. Next time I will bring my blanket or my parka. Pardon my wrap, but it's freezing in here, and I don't know why, except you want us to get out in a hurry. I'm here to ask you to carefully look at the impact of this intrusion into a designated historic district, one which the residents have worked very hard to maintain and upgrade, and they have been successful at that. And I think if you look at the drawing before you, it's very clear the intrusion that this property -- this proposed sculptured garden makes into the neighborhood, I don't have to tell you; it's right there in plain sight. Our concern is violating the historic neighborhood. Do this project with the absolute least disruption to the people who live there and who have worked hard to keep it historic. Thank you. Chair Gort: Thank you, ma'am. Next. Antonio Grullon: Good afternoon, Chairman and Commissioners. My name is Antonio Grullon, 51 Northeast 42nd Street. It's disheartening to know that my elected representative is not here today, and he's not going to hear my concerns. My quality of life has been drastically impacted after 15 years in Buena Vista. I oppose the zoning change, and ask this Commission rescind the HEP's (Historic & Environmental Preservation) decision to allow the demo'ing of these three homes. The ICA attorneys have stated that there is a more organized association that they have been speaking with for the past nine months that support this project. I present before this Commission a petition of 145 people in our community who signed and stated "no" to this project. Does the Association or ICA attorneys know the effort it takes to go door to door, speak over -- with over 250 people and ask for a moment of their time, then speak on the project that they've never heard about; finally, asking each resident to sign a petition for or against this project? I know the Commissioners understand the rigorous effort it takes going door to door to their constituents. Of all the people we spoke to, 99 percent of the people were against this project. There were those who were skeptical of anyone coming to their door and being asked to sign a petition. Many stated they were afraid to sign because of fear of repercussions. At the end of the day, 145 people in our community signed this petition, and they said "no" to this project. I am here for me and for those 145 residents. Once and for all, let's put this notion that only a couple of people are against this project. That argument is not only absurd, but it's an intent to undermine the voice of our neighbors. Thirty seconds, can I have, Chairman, to finish off? Chair Gort: Okay. Mr. Grullon: Just to let you know Miami's HEP Board and Zoning Board had to say about this. On June 2, the chairman of the HEP Board referred to this project as "This looks like a nose of a camel proceeding into a historic district." Another board member said he had a problem with taking three homes out of the neighborhood. "It's a nice project; just the wrong area." Another board member said, "FPL (Florida Power Light) boxes should be moved out of the sculpture garden. Don't believe the buffer presented is appropriate. The gates should not be there, and City of Miami Page 57 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 they must" -- "and if they must per the Fire Department, it should only be used in emergency case." Another board member had concerns because the middle home should have been designated a contributing structure. So thank you very much for your time, and I hope you will either deny this or -- Chair Gort: Defer. Mr. Grullon: -- defer -- that's it -- Chair Gort: Thank you. Mr. Grullon: -- for when Mr. Hardemon comes back. Thank you. Chair Gort: Thank you. Alan Murphy: Good afternoon, Mr. Chairman and Commissioners. I think this process is absurd. Commissioner Sarnoff Need your name. Mr. Murphy: My name is Alan Murphy. I think this process is absurd. To think that we are going to have three homes demolished, there's going to be impact to our community and the rest of the historic district, and we're only given two minutes to speak. How do you articulate a thought in two minutes? That's absurd. Back in the '80s, our community residents believed that our community had homes and a history that was worth preserving for the -- for who visit our community and the future generations to come in and step back into the history. As a result of our community becoming a historic district in 1987, the undertaking meant that homeowners from that point on had to follow a -- follow the historic preservation building code. This was not an easy seller, but homeowners did come together and agree that it was worth preserving. So what does historic preservation building code mean? Well, in a nutshell, you can't tear down a home unless that home poses a life -threatening condition. So since that time, no home has been torn down within our historic community. We have buses that come into our community daily to showcase our museum, but now that's about to change. Norman Braman is coming to our historic district and purchased three homes, and the HEP Board, through an unprecedented vote, voted to allow the Norman Braman to tear down these three homes. Their vote appears to be motivated by politics, and not following their own historic preservation code. Because of their actions, they have not only set a precedent for our community, but they have also set a precedent for the other four historic districts. The HEP Board chair said, "It sets a bad precedent and in other historic districts." He further stated he sees that the Design District further intruding into our historic district. The Zoning Board, on June 3, said there is no way they could vote -- that could approve this project, and voted "no." They said it was politics; questioned fast -tracking of this project; the City being a co -applicant. Spot zoning. Put a project like this in a historic district in the middle of a street makes no sense. The residents of our community believe that wealth should have no advantage. Our residents are passionate about the continued preservation of our community and would ask that you vote "no" on this project. However, if you feel the vote -- if you fail to vote in the affirmative, I would ask that you hold off on this vote until Braman is willing to make some compromises. And I would just -- I know, I know. As I said, this -- I have a question to ask. Chair Gort: Yes, sir. You ask the questions, we'll write it down; we'll answer it at the end of the presentations. Go ahead, sir. What's the question? Mr. Murphy: Please, give me a second. The question I have is I would like to know if the ICA attorneys -- I have a question I would like to ask for the ICA attorneys. And if they don't have the answer, I would like them to make a phone call to find out before the end of this hearing on this City of Miami Page 58 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 project, and that question is: Did the Norman Braman ICA or any entity associated with the ICA hire a board member of our association as a realtor to assist with the facilitation of the sale of the three properties that Norman Braman pur -- ICA purchased on Northeast 2nd Street? Is that question clear or --? Chair Gort: Yes, sir, it's clear. I'm sure the attorney is taking note on that and be able to answer later on, okay? Mr. Murphy: Could you direct them to answer that question before the end of this, sir? Thank you. Chair Gort: I've asked the people to answer any questions. I've asked here to write it down. At the end of presentation, we'll answer those questions. Mr. Murphy: Okay. Thank you, sir. Chair Gort: Okay? Thank you. Next. Mr. Hannon: Next three speakers: Zoe Stephen, Eleni Larancuent, and Sarima Gracia. Zoe Stephan: Hi. My name is Zoe Stephan, and I'm speaking on behalf of Robin Porter, my neighbor at 122 Northeast 43rd Street, who's currently out of town. This is her letter. "My name is Robin Porter, andl am a concerned citizen and a 13-year resident of Historic Buena Vista East. My address is 122 Northeast 43rd Street. First and foremost, I'm not opposed to a museum being a part of the Design District. The ICA would be located 50 feet from the existing de la Cruz Collection, which was built five years ago, with no special zoning accommodations. However, the ICA is asking to build a structure that is 70 foot tall. That is well in excess of the T4 limit of 40 feet and would tower over neighboring homes, which are restricted to 25. To change the T4 and residential T3 zonings would eliminate the buffer established in Miami 21 and would negatively affect our area. Imagine a structure almost three -times the height of your house being built within 500 feet, as in my case, or for some of my neighbors, within a hundred. You, as City Commissioners, are obligated by law to be stewards for good growth and development in the public interest. This is a difficult task, but you have Miami 21 to guide you. Miami 21 was developed for neighborhood input over a three-year period, and it's very specific in how zoning is supposed to check neighborhoods; by requiring buffers between high density/intensity zones and lower density residential neighborhoods. Miami 21 does not permit developers with money and political connections to skirt the law that everybody else is expected to abide by. To approve the ICA in its current form violates specific requirements and the intent of Miami 21. It leaves with no -- it leaves us with no transitional spaces, abutting a building that is almost three -times the height of any residential building in Historical Buena Vista East, and does not contribute to the historical aspect of our neighborhood. I expect you all to do what is correct according to Miami 21 and MCNP (Miami Comprehensive Neighborhood Plan). The law governs all of us equally. Respectfully, Robin Porter." Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Sarima Gracia, Eleni Larancuent. Sarima Gracia: Hello. My name is Sarima Gracia. I'm a resident of 36 Northeast 42nd Street. The museum will actually be built a house down from me on the same side. I was pretty excited about this project. I bought my property two years ago, behind the de la Cruz gallery, because I wanted to be part of this whole progressive and being part of like this modern neighborhood with still historic and be able to keep the whole integrity of Miami. So I am pro the project, but I'm very concerned about how it's been gone about. I think that there is definitely ways that they can make this amazing museum with all this great art and all this great exposure, but without City of Miami Page 59 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 violating everything that has been set in place in the first place; for example, setback, 25 feet of setback. Put that fence in the same line where all the rest of the houses are. I don't think it's a big compromise to do, and I think it will help a lot with this whole issue of encroaching into the neighborhood. I think it will actually make us be more a part of the museum instead of being completely pushed out, which is kind of like the feeling over all. Again, I think that it will be a fantastic inclusion to our neighborhood, to our City, for the cultural arts, et cetera; just be a little bit mindful of the effort that has been put and the time and amount of money that people like me have spent to be in that historic neighborhood. I had to abide to those laws when I bought the house. I had to stay in four feet of the fence. Even though it would have been safer for me as a single person living in that house, I had to stay at four feet. So just take into consideration setback and things like that. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Next three speakers: Schiller Jerome, Luis Gutierrez, and Wendy Stephan. Schiller Jerome: Good afternoon, Commissioners. Schiller Jerome, 24 Northeast 47th Street. I'm the president of the Buena Vista East Historic Neighborhood Association. If I can ask the board to just give me additional one minute, because of the fact that I do represent a board. Buena Vista East Historic Neighborhood Association has been around for over 20 years. I've been president for the past two years. I have been in front of you several times. I appear at projects in front of you guys. I've spoken on different issues. I'm here because of the fact that for the past eight months, I've been dealing in being the direct negotiator with both the attorneys and also the ICA project. Now, when we started this process, I was totally against the project, because of the fact that I was concerned about precedent and intrusion. Now, basically, you ask yourself "What changed?" Well, something very happen that changed. Number one, when NDDA slash Dacra decided to enter into agreement with the association, the association had to make a decision, because our biggest concern has always been encroachment and intrusion. And you say to yourself "How many times have a developer has agreed to give up their rights, their future rights to grow on the south side?" And when Dacra slash NDA decided that they was going to enter into agreement with the association, that they were going to give any future rights to encroach on the south side, as a board member, as president, I had to take the long-term approach. Never has that been done before. A lot of time communities that come here saying, "Hey, we're not getting anything." I have an agreement, with damages in writing, both the ICA and Dacra slash NDA, which own the special area plan. So the owners of the special area plan are giving up their future rights in order -- because they realize the importance of this project. There's been a lot of comments said about the board being paid. No one is paid for, for their votes. We are a seven -member board, which are volunteers, and within the board we're elected, okay? No one -- I personally was not paid a dollar, nor do I want a dollar. This is not about money; this is volunteer, you know. My job is (UNINTELLIGIBLE) -- it's not my -- my actual bills are paid. There was another question about precedent. You -- when you give a CI designation, you're setting a CI precedent. So what you're setting is a precedent for another museum in the neighborhood. You're not setting the precedent for another commercial structure in the neighborhood, so I want to make sure that's clear. And again, what changed my mind as president? When the biggest developer and owner of 80 percent of the properties in the Design District gave up their rights to encroach into my neighborhood, which means that instead of me fighting battles on a one -one basis, I decided to fight a battle which I know can withhold for the next 10 years. Thank you very much. Chair Gort: Thank you. Next. Luis Gutierrez: My name is Luis Gutierrez. I live at 151 Northeast 46th Street in the Design -- in Buena Vista East. As an objector, I have via -- doc --a record said at the PZAB (Planning, Zoning & Appeals Board) and the HEP Board to be incorporated with this record regarding due process. There is only one hearing for two separate items of the land. I'm sorry; of -- for two City of Miami Page 60 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 separate item of a land use and zoning change. A speaker should be allowed two minutes for each item. Allowing the changes to CI zoning, which does not meet the required criteria under 7.1.2.8(C), is a departure from the essential requirements of law. The zoning analysis does not even mention the fact that the properties on 42nd Street are part of the Buena Vista Historic District. No importance is given to this being a historic district, even though the proposed land use change will be inconsistent with the comprehensive plan objective LU-2.33, quote, "encourage and prevent" -- I'm sorry -- "encourage the preservation of all historic architecture and archeological resources that have a major significance to the City," unquote. Changing the land use for the -- will not preserve the residential historic district. It will harm its existing character. My question to the City staff Does the fact that the City is a co -applicant on this item grant an exception from any requirements of Miami 21? And if so, could you please cite the section that says so? Thank you. Chair Gort: Thank you. Next. Wendy Stephan: Good evening. I'm Wendy Stephan, 101 Northeast 43rd Street. As a 20-year resident of Buena Vista East, I oppose this application on the basis that it violates Miami 21 and the comprehensive plan, and eliminates hard-won protections that my neighbors and I achieved through Miami 21 and through this SAP (Special Area Plan) process in the Design District. The most glaring problem with this illegal application is acknowledged in the staff report. The parcel to be rezoned is not large enough to qualify. Miami 21 's 7.1.2.8(C), which is written -- which is on your packet, your blue packet, with page number 2, states, and I quote, "No rezoning of land shall be considered which involves less than 40,000 square feet or 200 feet of street frontage on one street." This is -- this point is additionally made on packet, page four, in which a City staffer email makes this case for us directly. So it's documented in the record. Planning staff has danced around this fact. There's no language in Miami 21 that we've identified that exempts CI zoning applications or City applications from this requirement. Seven one two eight "A" states that, and I quote, "All changes shall maintain the goals of this Code to preserve neighborhoods and to provide transitions and intensity, density, building height, and scale." The intrusion of CI zoning into Buena Vista and the resulting demolition of three viable homes is, by definition, neighborhood destruction, not preservation. On page 7 of your handout, the zoning checklist, shows the standards the applicant has failed to prove are met. There are two that are important: "G" and "IV," respectively. Both questions can be answered at once. The prior owner of this property, Dacra, failed to achieve T5 zoning in this location through Miami 21 or through the SAP. The ICA application has flown through at top speed, invalidating neighborhood protections previously negotiated. The emergency here is a political one. Zoning law does not provide exemptions for friends of the Mayor or cultural organizations, however valuable. I ask that the Commission deny this application. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Cruz: Mr. Chair, before I begin my two minutes, could I address a procedural issue? Chair Gort: Sure. Mr. Cruz: Thank you. The rezoning application is incomplete. Section 7128(c) 2(g) says, quote, "The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate. That is an essential requirement of law, but it is not in the application. I ask the Commission to continue first reading to allow the Planning Department to add that requirement -- or the applicant to add that requirement to their application so the public has two full hearings to speak to a complete and legal zoning analysis. Elvis Cruz, 631 Northeast 57th Street. Commissioners, on page 8 of your packet, highlighted at the bottom, is comp plan housing policy HO-118, quote, "The City will protect and enhance existing viable neighborhoods and those areas suitable for housing." The staff finding is underlined in red. Quote, "The subject properties in the surrounding area is a well -established residential neighborhood." Staff went City of Miami Page 61 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 on to recommend denial of that upzoning. That is a staff analysis of a similarly situated property where a rezoning from T3 to T4 was requested. The Buena Vista East Historic District is also a well -established residential neighborhood, yet this housing policy and the three others on that page are either not mentioned or they are purposefully interpreted to support a completely different conclusion. This is a case of selective enforcement and favoritism. Today's land use change analysis is completely misleading, because staff has only quoted comp plan elements which can be selectively interpreted to support approval. Not a single housing policy from the comp plan is included which is very disturbing for an application that would eliminate existing housing. Next, on page 9 and 10 is the map of the recommended zoning change, an isolated island of CI,- not even large enough to qualify for a zoning change. It's an example of spot zoning, and the proof is on page 11, the Third DCA (District Court of Appeal) case, which defines spot zoning as, quote, "Rezoning which creates a small island of property with restrictions on its use different from that of surrounding properties solely for the benefit of a particular property owner, " unquote. That is exactly what you have before you today. The City staff is usually familiar with spot zoning. Here's three examples of City analyses of similarly situated properties: Page 12, quote, "The proposed request would result in spot zoning, as there is no T4 adjacent to the property." In this case there is no CI adjacent to the property. Page 13, quote, "This rezoning will result in an undesirable spot zoning, altering the character of Southwest 22 Terrace and the duplex residential neighborhood to the south." Page 13, the proposed rezoning to T4-L can function as spot zoning by introducing commercial uses within the residential zoned area and may set a precedent that could result in a domino effect. Similarly situated properties: completely different analyses, and they all mentioned spot zoning. Gentlemen, please, uphold the law and protect this and all neighborhoods from up -zonings. Thank you. Chair Gort: Thank you. Mr. Hannon: Chair, the last person I have signed up to speak for items PZ.1 and 2 is Stephen Gretenstein: Steven Gretenstein: Good afternoon. My name is Steven Gretenstein. I am the chief operating officer of Dacra, an officer of Miami Design District Associates, and I'm here today to speak on behalf of the Dacra, Miami Design District Associates, and Craig Robbins, my partner. Craig is out of the country today, so he could not be here, and asked me come to speak on behalf of this rezoning. First of all, I would say that, as you know, Dacra has been in the neighborhood for 20-plus years, and we have always worked with the neighborhood associations, and those have been, you know, not always the easiest things to do, but we've always worked very hard with them, and we've always compromised. They've compromised; we've compromised, and we've come up with resolutions to tough issues. In this case, that has also happened. There was an agreement with the neighborhood association. It was a hard-fought agreement. Compromises were made on both sides. Dacra is a party is to that agreement. And we encourage and request that you move forward based upon that agreement. We think it is a good one, and it is important for the City. Lastly and quickly, I don't think I need to reiterate for you that we believe that this is extremely important for the City; extremely important for the neighborhood. It really changes us and moves us into a whole different class of a community, and we think it is good, and we encourage you to support the amendment. Thank you. Chair Gort: Thank you, sir. That's it? Okay, we close the public hearings. There was a lot of questions that were asked, and I hope we can come up with the answers. Yes, sir. Stephen Helfman: Good afternoon. Steve Helfman, on behalf of ICA. It's nice to see you all. Let me see ifI can address a couple of questions. I don't know who ICA used as a real estate broker. I would suggest that Mr. Murphy ask his association. He's claiming that somehow a member of his own association was a broker. I don't know that. But it's easy to -- you know, he can certainly ask them, but that's -- has nothing to do with the land use application or zoning City of Miami Page 62 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 application that's before you. I'm trying to be accommodating. We don't have that answer. As it relates to the petitions, which people like to wave in front of you, I just took a moment and looked at it. The petition doesn't address this question. The petition asks if people wanted a park on the property. If you read the petition -- I think it was handed out -- you can look at it. You got 145 signatures that people didn't want a park. Well, we'll see what we're going to bring forward, but I can assure you that we are not bringing you a park or the Planning & Zoning Board a park when we come through for the exception; far from a park. And then, the second question, which was interesting, on the petition was related to demolition of the houses that are there, and some of the people did not want that done. And of course you know that these are noncontributing structures; they are not historic structures, and the HEP Board has voted to allow demolition of them. Regarding Mr. Cruz' questions about the application and the procedure. The application did, in fact, address specifically the questions required in the Code. I'm not sure; he made a slight reference to staff and what the staff may have done, but our application was complete. After 32 years, I figured out how to get it done. This is a difficult application. I understand that these are all difficult votes for you guys. This is never easy, okay? And it hasn't been easy for us, either. We have worked since November, meeting with various members of this community, and we have done the best we can to strike a balance. We have agreed to a number of concessions. We have the support of the historic association for this neighborhood. We have their unqualified support. Mr. Jerome stood before you; I think that's important. We all want to try to take a very big picture of what is happening here while being concerned about our neighbors, and we have. Mr. Braman and the ICI -- ICA went out and bought about $3 million of buffer, okay, so that we could -- so that we would not face the same situation that some of our neighbors have, where, for example, del la Cruz butts up immediately against a residential property. The intent is to create that buffer and to try to alleviate any concern, and frankly, we don't think there will be any. But even the fear of a concern, okay, and that -- and that's what we've tried to accomplish here. This is a land use application, a zoning application. It's not spot zoning, or else, the City of Miami would be spot zoning everywhere throughout this City. Whenever you place a culture institution within any area, it is different than everything around it. When you place a school, it doesn't have the same zoning next to it. When you place a church, it doesn't have the same zoning. When you place a museum, it doesn't have the same zoning. That doesn't mean it's spot zoning, or else, you could never place those institutions right in the areas where they serve the community. And municipal buildings are sometimes in a neighborhood, okay? That's not spot zoning. That's consistent zoning under your comprehensive plan. It is permitted. So we would ask you to follow the staffs recommendation. Again, remind you, we have a long road ahead of us. We have to go back to a Planning Board, which was not very favorable over this application, as you can see from your recommendation, and we have to bring them the project, the actual project of what's going to be built here. So we would ask you to let us take this step. We're coming back here again in -- hopefully, in a couple of weeks for second reading. The district Commissioner will be here and certainly have the opportunity to participate in this, but please, let us move forward. That's all we're asking at this first reading. You will take action at the final reading after you have the input of all of the members, but if you would we would appreciate allowing this matter simply to move forward tonight. Chair Gort: Thank you, sir. Francisco. Mr. Garcia: Thank you, sir. I believe Mr. Helfman has addressed at least some of the issues, possibly many of the issues that have been raised. I wanted to add a couple of notes for your consideration. In the first place, to state the obvious, if the City of Miami is approached by applicants who seek to enhance -- Chair Gort: Get closer to the mike. Mr. Garcia: My apologies. I'll try again. I will say again for the record that although I believe Mr. Helfman has addressed many, if not most, of the issues, I would like to add a couple of notes for your consideration. I will say that, first, to state the obvious, if the City of Miami is City of Miami Page 63 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 approached by an applicant who seeks to enhance the City's cultural acumen by bringing in an institution at no cost to the City, we would do well to, at the very least, consider it, and we have. This is the application that brings us that opportunity. This idea, as it was first conceived, was brought to us sometime in the middle of last year. And by way of context, I will tell you, as you know, that the location of the proposed museum would be within the boundaries of the Design District, not only as it presently exists, but as it has historically existed for some time, dating back to the time when the previous zoning designation was SD-8, which allowed greater density, and greater intensity and greater height. Everyone who has spoken regarding Miami 21 is correct in saying that Miami 21 brought to bear some additional restrictions, and certainly, we're not ignorant to the fact that the Buena Vista East historic neighborhood is immediately to the north of the parcel. Now, this parcel, as mentioned in our brief introduction, the subject parcel of this application straddles the Design District and the Buena Vista East historic neighborhood. On the Buena Vista East historic neighborhood site, so far as it is proposed presently, the intent is to improve that area as a sculpture garden. I would propose to you that a garden, a sculpture garden is a less intense use than the duplexes that one could develop as of right in each of the properties encompassed by the rezoning application on the north side within the Buena Vista East Historic District. On the south side, within the Design District, there is within immediate vicinity of the proposed museum facility -- and I hasten to add that the exact design is not before you today; that will have to go through a separate public hearing process. But that building is certainly in keeping in terms of massing and scale with others that are in the immediate vicinity of the site. So the first point I wanted to make clear is that in terms of contextuality [sic] or scale appropriateness, what is being proposed entirely meets those requirements of analysis. I will address briefly an issue that apparently keeps coming up, the issue of spot zoning, and that -- although Mr. Helfman has addressed it sufficiently, I would simply add to the record very concisely the definition of the civic zone, and the CI zoning applied for is the civic zone. The definition reads as follows. It's three lines. "A civic zone consists of public use space and facilities that may contrast in use to their surroundings while reflecting adjacent setbacks in landscapes." All of that, the proposed project, which is not before us today -- not before you today -- all of that is fully complied with. One last point: The setting where this proposed museum is to take place is already a regional attraction. Extraordinary precautions have taken -- have been taken by the applicant in terms of design to ensure -- and this, in large part, in frequent interaction with the neighborhood association and affected stakeholders -- they have ensured that all buffering mechanisms are in place to ensure that no additional impact occurs to the neighborhood to the north, because we are also very sensitive to that. That said, there has been a very thorough, transparent effort on the part of all involved, the City included, to right -size the project, to contextualize the project, and I'm here to represent to you that the CI zoning designation is the perfect vehicle to allow such a project to be considered, while emphasizing once again that the ultimate design of the project is still subject to a design and review process that will take it all the way through the PZAB and possibly back before this board at some future time. Chair Gort: Thank you, sir. Commissioner Suarez: Move it for discussion. Chair Gort: Moved by Commissioner Suarez for discussion. Commissioner Carollo: Second for discussion. Chair Gort: Second by Commissioner Carollo. Discussion. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I have a couple of -- I have one question and some comments. But my question is -- my understanding is that the HEP Board has already authorized -- Mr. Planning Director? City of Miami Page 64 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Excuse me. Commissioner Suarez: Question: My understanding is that the HEP Board has already authorized the demolition of these three, what they consider to be non-contributing properties? Mr. Garcia: That is correct, and I'll nuance it slightly for the record. The fact that the three structures involved are noncontributing was established previously as part of the designation of a district. This is not a recent determination by the Historic & Environmental Preservation Board. That determination was made originally when the survey was done -- Commissioner Suarez: When the district was created? Mr. Garcia: -- and the original report was produced, which was adopted, resulting in a designation of the district, so that is a long-standing fact. And you are correct in saying that recently, last Wednesday, the Historic & Environmental -- I'm sorry -- last Tuesday, the Historic & Environmental -- I'm sorry, not last Tuesday, which would have been two days ago, but Tuesday last week, the Historic & Environmental Preservation Board issued a certificate of appropriateness -- Commissioner Suarez: Appropriateness. Mr. Garcia: -- to demolish the three structures that you refer to. Commissioner Suarez: And here's the reason why I ask, because you know, when someone brings Mr. Gullon -- Grullon, is that the right --? Sorry. Mr. Grullon went through a tremendous amount of trouble, obviously, and time and energy, I would imagine, in circulating this petition and going door to door, and, you know, that's 150 people that have signed it. But if you look at the petition, it talks about opposing the removal of those three projects, which is not what's at issue here today. I just want to be clear to him, in fairness to him and the work that he's put into this. When you look at the petition, it says, you know, "Are you for or against removal of the property?" And 150 people here have checked off that they're against removal of the property. But I just want to be clear for his -- you know, because of his effort, I really want to be clear for him that that is not being decided here today; that that's -- that was decided by another board at another time. Is that accurate? Mr. Garcia: Yes, sir, that is entirely accurate. Commissioner Suarez: Okay. I just want some clarity there. And I do feel for the president, Jerome, because I also have been a member of my homeowners association as a pro bono legal counsel, and you are oftentimes presented with a project that may have some sort of an impact on your homeowners association, and you have to try to balance, obviously, you know, protecting a neighborhood -- my neighborhood is also historic where I live -- with -- Elvis and I talked about it a little bit behind -- in my office -- where it comes up against, in this case, a commercial, you know, area. In the case of where I live, two commercial streets, largely trafficked. And so the question is what is appropriate for that property to look like? And what kind of use is appropriate? And so, what I think is important here -- and part of the reason why I move this, obviously, I think it's not lost on the applicants, the concerns of the residents here today; and even the petition, because even though the petition, I think, goes to a different question, I still think it's significant that 150 people in the neighborhood, you know, as he said -- and he's absolutely right, you know, the people that, you know, don't often like to open the door, don't often like to spend time hearing this, but, you know, have signed onto this petition, I think that's -- you have to give that some significance and weight, and I'm sure the applicants will convey that. For me, this is one very minor step in a very long process, and I think the applicant has to first come back on second reading, incorporate, hopefully, the concerns that are being mentioned City of Miami Page 65 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 here today, and also has to present a site plan. I think, for me, that's the most relevant point here. The site plan, which also is -- requires an exception, if I'm not mistaken, which also requires a public hearing. That's really the part where they actually lay out -- this is the way it's going to look, and this is how it's going impact the neighborhood, because a sculpture garden -- I mean, I think -- I mean, I can only speak for myself. I think a sculpture garden is a very low intensity of use, depending on how it's buffered or how it's accessible from the neighborhood versus a duplex, which can have, you know, two cars, per duplex, which is four cars for three duplexes -- you know, 4 times 3 is 12. So, I mean, in terms of intensity of use, cars going in and out;, in terms of beauty neighborhood, I'd much rather have -- and we do -- and we're actually exploring in my neighborhood a pocket park, which is just using some of that space to create some sort of interactivity between the neighborhood and the residents. So I think we have to really carefully look at when the site plan comes before us, if it gets there, assuming that we hear this on second reading and it gets beyond that, as to how that's really going to impact the neighborhood. Those are my thoughts on it, having listened to the neighbors. And obviously, like I said, this is just a step in one direction. We have asked the PZAB Board to look at this expeditiously and bring it back to us, and I think they did,- maybe not with the recommendation, you know, that the applicants would have wanted, but I think that they understand that that just means that there are -- there's a lot more work to be done between now and this thing becoming a reality. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I think we're here today, more than anything, to see if we move this forward or not. I think it's still very, very early. There's no final decision. There's definitely no final decision. I think the site plan is going to be extremely important in the near future. I have to admit, when I saw the drawing that I was given by Mr. Cruz and mentioned the spot zoning, it weighed in on what I was thinking. And then at the same time, I thought, well, how many -- it's a CI. How many other CIs have other CIs around that area? For the most part, it's a single, because you don't have two or three schools next to one another. If you have a neighborhood and you have a school in the neighborhood, you'll have that site as a CI, and it would stand out, just like it stands out here. So other than a couple of museums that -- Museum Park, there's really not two or three or a neighborhood of museums or a neighborhood of schools or a neighborhood of museums and schools, so it would have to stand out, just like it does here. I have seen the applicant made strides with coming to some common ground with Mr. Jerome and the association, which I think is a great thing. At the same time, I heard from the young lady that was pretty much in favor of this; however, she still would like the applicant to be more accommodating, so I'm not sure -- and I don't want to put words into her mouth, but that's what I took from it. I think, at the same time, the applicant should reach out between first and second reading to the young lady. I don't know her name, but we could find out her name. But it appears that, you know, she comes with an open and reasonable mind, and she would be in favor of approving something like this. However, I think there still needs to be some dialogue there. And I think between first and second reading, there's an opportunity to have that dialogue. I mean, I still really want to know the thoughts of the district Commissioner and -- but between first and second reading, we will have that opportunity. And, at the very least, if this is approved now, we'll move that forward to the next step. Once again, I say, I think the site plan is going to be very important. But I feel, at least with me, that it's important to move this forward, because, again, this is far from being the -- you know, etched in stone in the last step in the process. Thank you. Chair Gort: Thank you. City of Miami Page 66 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Sarnoff Thank you, Mr. Chair. First and foremost, I'm not comfortable when the district Commissioner is not sitting here and he's requested something that's in his district. So what I tend to do is not pay as close attention to something as maybe I should, because I depend on the district Commissioner, who I theoretically believe walked his district, who I theoretically believe -- and I happen to have seen Commissioner Hardemon walk his district pretty extensively, as I crossed paths with him when I wasn't walk with him, so I saw him walking his district significantly. I have some questions of Mr. Garcia. And I'm going to ask, Mr. Recio, do me a favor. Could you tilt that a little bit towards Mr. Garcia and myself? Okay. So the southern part is, I guess, the massing of a building, correct? The southern square is the massing of the building, correct? Mr. Garcia: As I've seen it in the plans presented, which are preliminary, I emphasize the building, the museum itself the structure, so to speak, is to be erected on the southern half of the site, which is presently zoned T4-O. Commissioner Sarnoff Put your finger, Mr. Recio, on the northernmost part of the southern portion to show me where the massing of the building ends. Okay. So your understanding is that's the end of the massing of the building? Mr. Garcia: As presented by the applicant, yes, sir. Commissioner Sarnoff Okay. And then the northern square -- if you can put up there, that's fine. That would -- so that's the southern massing, right? Mr. Recio: (UNINTELLIGIBLE) southern (UNINTELLIGIBLE). Commissioner Sarnoff Tony, the mike's not on. Chair Gort: IT, where are you? Mr. Recio: I'll use this one. Commissioner Sarnoff Okay. So the -- so going back to the -- to your previous mapping, that is zoned -- that's going to get zoned what? Mr. Recio: CI is what the rezoning is, too. Commissioner Sarnoff For the entire portion? Mr. Recio: That's correct. Commissioner Sarnoff And you're going to go T4-O general urban transit open to T5-O? Mr. Recio: That was the request in the application. The recommendation from staff is that it be CI zoned, and we are accepting that recommendation. Commissioner Sarnoff So the entire square, both north and south, would be C -- Mr. Recio: CI. Commissioner Sarnoff -- CI. Mr. Recio: CI. Commissioner Sarnoff The -- there would be no structures in the northern square? City of Miami Page 67 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Mr. Recio: Correct. Commissioner Sarnoff That's your -- that's -- Mr. Recio: Sculpture. Commissioner Sarnoff Okay. Now, having said all that, Mr. Garcia, and since Miami 21 allows you to give covenants, ifI simply vote for this now, how do I know that I'm going to get what I paid for? So where's the covenant? Mr. Garcia: Well, it allows the -- Miami 21 does certainly allow both the Planning, Zoning & Appeals Board and this Commission to consider covenants proffered by the applicant. We have a project that I believe is fairly well developed thus far. We have not received a proffer of a covenant thus far. Commissioner Sarnoff So what would induce me to vote -- even ifI was okay procedurally with doing it -- for something that I don't know what I'm getting and all I'm doing is putting CI in an historic neighborhood? Mr. Recio: A covenant. Mr. Garcia: It's a valid -- a covenant would, sir, but I would like to answer that question further. And this is not unusual, but it's worth considering. Ultimately, the approval of this project has to go through a separate public hearing process that, as you know, takes it to the Planning, Zoning & Appeals Board; and should that be appealed, then it would come back to you on appeal. So to some extent, it may be premature to consider a final project to approve as that project itself or to consider -- I'm sorry -- a fully designed project as part of a covenant, as that project itself will have to go through a separate vetting process. So long as a -- if a covenant were proffered and if the caveats were inserted in accepting such a proffer that the project itself is subject to the review and approval of the boards and the public hearing, then that might be satisfactory. Commissioner Sarnoff But you're asking me to take a vote now, and you're asking me to do so -- I don't know -- good faith or something like that. Mr. Garcia: No, not exactly, sir. In so doing, we -- the applicant is asking -- we, as co -applicants, would encourage you to consider the possibility to develop this property in a fashion along the lines of what they are describing. Then, should the application come, we will have -- we, as your Planning & Zoning Department -- would have the opportunity to vet the proposal. I'm here to tell you that the CI zoning designation also has very clear guidelines for development that emphasize contextuality [sicJ and scale of project, and this one certainly does, but other versions of it also would; and ultimately, again, it has to go through a public hearing process, which would possibly land it before you again. Commissioner Sarnoff But I'm trying to do it based on what I've done -- I've been up here nine years. For nine years, I've been here through 11000, and for about four of those years, I've been here through 21. In all those years that you have asked us to make a major decision that impacts a neighborhood, you have always presented us with a covenant. For instance, I remember on -- I don't know if it was 59th or 60th Street -- the last Commission meeting, you schooled me very carefully that Miami 21 encourages voluntary covenants, and I could rely upon the fact that by making a change to a zoning category, I could rely, one, that would be built; two, if that is not built, it will revert back to the previous zoning. Today, I don't have that comfort. Mr. Recio: Well, we need to give it to you, Commissioner. City of Miami Page 68 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Excuse me. Mr. Garcia: Right. And so, I will say, I recognize that your concern speaks to the vote of a covenant proffered by the applicant. The -- what I can address partially is the assurances that Miami 21, the zoning designation, give you. There are two assurances there that I think are worth noting, and then I'll defer to the applicants, should they care to add anything to -- for the record. The assurances that CI offer are two, mostly that the development proposal itself will have to be reviewed pursuant to the guidelines of the zoning designation, which are fairly strict, and also, ultimately go through a public hearing before the project is approved. And the other assurance, vis-a-vis, the reverter of the zoning designation is that should land rezoned to CI not be used for public purpose or any civic institutional capacity, that land shall revert to the most restrictive abutting zoning designation. Commissioner Sarnoff That was the -- that goes back to the Mercy Hospital days. Mr. Garcia: That is still in effect, sir, as part of Miami 21 and CI zoning designation. Commissioner Sarnoff And that kind of gets me -- and understand something, Mr. Helfman, and I'm going to suggest a book for you to bring at the -- next time you come. It's called the "Synagogues of Brooklyn." It's at Books & Books. And you will see massive structures right next to homes that can co -exist. I'm not suggesting this can't be worked out. What I am suggesting is -- and I'm going to go to Miami 21. The only time I've ever been faced here, ever, with an over -vote was during the Mercy Hospital issue, and that Commission at least had the courtesy to hear from me. Today we're moving forward I don't know what Commissioner Hardemon thinks. I don't know who he's met with. I don't know what his inclinations are. I don't know what citizens he's worked with, who he hasn't worked with. I know I have one request from a Commissioner who I think is hard-working, who I've never known to be dilatory, who I believe does everything in good faith. I don't agree with Commissioner Hardemon, and I'm sure he doesn't agree with Commissioner Sarnoff on a lot of things we do, but I've never spent 10 minutes in his boots, and he's never spent 10 minutes in my boots. So I'm not going to join the vote today, but it doesn't mean I don't join the vote at the second meeting, because, like I said, I do think there's a co -existence here. I do think you need to proffer a covenant, and I would certainly impress upon the folks that are going to be voting today to get that covenant, because even though you have some comfort that the City of Miami is a co -applicant, in any joint venture, there are times when the two partners may get into a dispute, and they may not feel like the other one's proceeding in such good faith, so the only question is if the City of Miami pulls out as a co -applicant, does that mean that it reverts back? Or if the other co -applicant gets into a dispute with the City, what goes on? All I'm suggesting to you is I think it's more interesting, procedurally, what we do; and I think, substantively, there should have been a covenant offered, and that covenant should include -- and let me just give you what I think it should include -- that you would mass your building on the lower quadrant of the square; that you would have no structures on the northern section -- southern -- yeah, sorry -- northern section of your square; and that in the event you don't build this in two years, it would revert back to the present zoning category that it's in. I'm not going to join you today simply because unless I believe another Commissioner is avoiding something or another Commissioner has been dilatory in doing something, I believe in the district system. I really do. I don't pretend to know Commissioner Suarez' district. I mean, I know his house. I've been to his house. I know his -- that neighborhood reasonably well, but I don't know what makes him tick. I really don't. And Commissioner Carollo, I don't know your district. I truly don't. You're right; I don't, and I don't pretend to know your district, you know. And I -- and that's the beauty of being up here. And I listen to you, and that's why I think the district -- I think any time that we have -- this is a collegial body. I got to say this. You know, I've been up here nine years. This is a collegial body. We all try to help each other arrive at some just result. But I don't know your districts. A lot of you spend a lot of time in my district. I'm not even going to pretend to say you don't know my district, because I think you do know my district. That's the odd part of this. But today, you City of Miami Page 69 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 know, I just want to go categorically. I can see this thing working. Mr. Helfman, I strongly urge you. I have seen you in Books & Books. It's called, "The Synagogues of Brooklyn." It is sitting right out there. They are huge beautiful buildings. They're big. They're bigger than this. They are right next to -- I don't know if New York calls them RI homes or single-family homes. It works in Brooklyn. I think Buena Vista reminds me a lot of my neighborhood in Brooklyn, Flatbush. We have massive synagogues -- massive -- we have synagogues, and a synagogue is bigger than a house, and it's about probably -- it's probably right at 70 feet. It can work. But for today -- and I don't want anybody to think I'm not going to join them in the second vote. When I hear Commissioner Hardemon, when I hear what he has to say, when I agree or disagree with what he has to say, you will certainly hear from me on a further basis. I do strongly urge you to go back and reconsider a covenant, because I think it's a good idea. Mr. Helfman: From one Brooklyn boy to another -- Chair Gort: Thank you. Mr. Helfman. -- you'll get your covenant. Chair Gort: Let me tell you how I feel about this. My understanding is this whole neighborhood was declared historical neighborhood, with the exception of the three homes that are there. Mr. Garcia: No, sir. In any -- briefly, to explain that away for a second. Chair Gort: Please. Mr. Garcia: In any given historic neighborhood or historic district, for that matter, there are contributing structures -- Chair Gort: Right. Mr. Garcia: -- or buildings, and non-contributing structures or buildings. Chair Gort: Right. Mr. Garcia: It so happens that the three involved here were deemed in the original survey as noncontributing. Chair Gort: Okay, thank you. I have to tell you this, in the experience maybe 30 years ago, per household you might have one car. Today, per household, you have at least four cars; and when you look at the three duplexes, I think this will be an improvement to the neighborhood. I agree with you, and I'm sorry the -- my colleague is not here today, because I know he will be asking for a lot of things, especial jobs, and jobs, and jobs and very important. I do -- I think you heard from -- comments from everyone, and the only reason that I vote for this -- this is first reading. First reading gives you an opportunity to go ahead and go, and it might be denied on the second reading. I don't know. There's a lot of questions that need to be answered, and you can come up with it. But I believe this type of park with the buffering, the landscaping, it'll be an improvement in that neighborhood from what they have at this time. Your covenant not only has to come up with the -- one of the questions that it is, is: Who's going to maintain it? Make sure they have to be maintained in certain regulations. And the other thing is this whole transaction in this neighborhood has been going on for, I think, over five or six years or ten years. Is that --? I wasn't here at that time, but I think this goes way back for a few years. I'm sure there's been a lot of negotiation between the developments [sic] and the neighborhood for a long, long time. And I'm sure to create this, there's been a lot of negotiation. When you come back, I would also like to see the negotiation, what took place, what happened, who gave and how many people and so on. The -- I believe it's very important, because one of the things when I used to sit here in the City of Miami Page 70 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Zoning Board before, I would ask people to get together with the neighborhood and come up with a compromise. And the one sample that I like to bring always, I was sitting here -- if you go to Dixie Highway and 22nd Avenue, there's a lot there where they have the building -- I think it's six -story high. We had an application in front of us. They were a bank that wanted to put a drive-thru in that lot. The whole neighborhood came against it. You -- okay, the whole neighborhood came against it, and look what we have now. We could have had a drive-thru for a bank; now we have a building with five stories high, which makes it very difficult when you come into City Hall to go through 22nd Avenue, especially early in the morning. So those are just my thought. I think you heard a lot. Questions were asked here. And we going to ask you, when you come back, you got to assure us. And then the district Commissioner; he's going to have a lot of say so, and that's for sure, okay? Thank you. Any further discussion? It's an ordinance. Ms. Mendez: The public hearing was for both -- just to clarify for the record, for both ordinances. Chair Gort: Yes, ma'am. Ms. Mendez: Okay, PZ.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.1. Commissioner Sarnoff? Commissioner Sarnoff. No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 3-1. PZ.2 ORDINANCE 15-00406zc First Reading A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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. City of Miami Page 71 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 LOCATION: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 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 supporting documentation and companion File ID 15-004061u. PURPOSE: This will allow a zoning change for the properties located at 53 and 61 NE 41 st Street from T4-O with Miami Design District Special Area Plan to T5-O; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street from T3-L to T4-O . 15-00406zc-Submittal-Wendy Stephan and Elvis Cruz -Documents in Opposition of Land Use and 15-00406zc-Submittal-Tony Recio-Declaration of Restrictions Covenants.pdf 15-00406zc-Submittal-Stephen Helfman-Community Outreach and Education Plan.pdf 15-00406zc-Submittal-Robin Porter -Letter. pdf 15-00406zc-Submittal-Paul Savavge-Property Appraiser Summary Reports.pdf 15-00406zc-Submittal-Paul Savavge-Letter of Opposition from Basil Binns II.pdf 15-00406zc-Submittal-Francisco Garcia-PZAB Resolution. pdf 15-00406zc-Submittal-Elvis Cruz -Land Use and Zoning Change on NE 41 and 42 Street.pdf 15-00406zc-Submittal-Antonio Grullon-Petition Signatures in Opposition of Land Use and Zoning ( 15-00406zc SR Fact Sheet.pdf 15-00406zc Legislation (v4).pdf 15-00406zc Exhibit.pdf 15-00406zc Application & Supporting Docs.pdf 15-00406zcAnalysis, Maps & PZAB Reso.pdf 15-00406zc-Submittal-Commissioner Carollo-Institute of Contemporary Art Miami.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Hardemon Note for the Record: Please see item PZ.1 for minutes pertaining to item PZ.2. Victoria Mendez (City Attorney): Now, the second ordinance is -- Commissioner Suarez: Move it. Chair Gort: It's been moved -- Commissioner Carollo: Second. Chair Gort: -- by Commissioner Suarez; second by Commissioner Carollo. Ms. Mendez: The second ordinance is going to have the changes described to civic institutional when I read it into the record. City of Miami Page 72 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.2. Commissioner Sarnoff? Commissioner Sarnoff No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, as amended, 3-1. Chair Gort: Thank you. The -- Stephen Helfman: Thank you for taking this up. Chair Gort: We have district items. I understand we have some pocket items? Commissioner Carollo: I thought we did them. Commissioner Sarnoff Yeah, we did them. Chair Gort: No, we had the Mayor's pocket. No? Ms. Mendez: No. Chair Gort: Okay. Do I have a motion to adjourn? Commissioner Sarnoff So moved. Chair Gort: Thank you. You all have a good day. MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 City of Miami Page 73 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 NA.1 15-00776 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY COMMISSIONER SUAREZ REGARDING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND TRANSPORTATION AMERICA, INC., FOR ON -DEMAND TRANSPORTATION SERVICES. 15-00776-Submittal-Commisioner Suarez -Professional Services Agreement with Transportation Ar DISCUSSED Chair Gort: Pocket items. Commissioner Suarez: Thank you, Mr. Chair. We emailed this pocket item yesterday, and it has a financial impact, so I'm okay if the Commissioners do not feel like they're prepared to vote on it today; you know, that's understandable. And it's a significant financial impact; it's not a small one. I tried to get it to the Commissioners as quickly as possible, but was relying on some information that got to me very late, so I apologize, because I don't like to just put something in front of you and tell you -- I don't like when people do it to me, so -- but just to give you an update on it, it's -- on February 9, the Commission passed a resolution authorizing a point-to-point transportation service. As we know, we changed vendors, and it's been a smooth change, and it's been such a successful program that we've actually busted the bank, if you will. Our elderly in our community, which get free transportation services, point to point, have used it in such a volume, and we've actively, as a Commission office, you know, made it available to them so that it has increased. So what would like, if the Commission was so inclined, is to at least direct the Administration to -- because there are outstanding invoices for exceeding the City of Miami Page 74 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 contract, Mr. Manager. Would the Commission be okay with us directing Administration to solve -- you know, pay the invoices that are outstanding and right -size the contract, based on -- and bring something back to us to vote -- to right -size the contract, based on the use, the current use and the growth factor for this year or for the current contract year, if it hasn't expired, and for next year? Chair Gort: I have a little problem with that. Commissioner Suarez: Sure. Chair Gort: Let me -- well, there was an RFP (Request for Proposals) that went out. There was the -- a group of non -for -profit, called Accion that were -- Commissioner Suarez: Yeah. Chair Gort: -- they been providing the service for "X" amount of money that we gave from the City, and they received funding from some other sources to provide services to "X" amount of people and so on. Commissioner Suarez: Sure. Chair Gort: My understanding, the RFP was to take over the service that being provided by the Accion -- Commissioner Suarez: Right. Chair Gort: -- with the amount of funding that Accion was getting, and they were going to provide the same service. Commissioner Suarez: Can I explain that, Mr. Chair? Chair Gort: That was my understanding of the RFP. If you're going to change that, then you have to change the RFP and come up with another RFP. Commissioner Suarez: That's not what I'm saying, Mr. Chair, and I -- and again, I understand I'm hitting you with a lot of information with a very short time length. But here's the way it works: We went out to RFP, like you mentioned and this company was selected, because they were the best responsible and responsive bidder. So the way it works is, based on the number of clients that they have, they provide a service at a certain amount. What they're saying is, "We and our clients have been signing up at a much higher rate. So we could, A,' discontinue service at a certain amount, " which, irrespective of whether it's Accion, or this company, or any other company, it would be the same situation. The issue is here that it's such a successful program that our elderly -- andl have to -- happen to have a very high elderly population in my district -- are using it in degrees far greater than what we anticipated. So I see that as a badge of honor for the program. I think what's happening is our elderly are deciding to use this point to point because it's so successful, because it's such a well -run program, in a higher degree -- and they're also using our trollies, by the way. I mean, all our mass transit is being used at a higher degree and a higher level than, for example, the County equivalent, like STS (Senior Transportation Service), which requires a $3 payment; or the bus system, which requires a payment. So for us, I think we're a victim of our own success, if you will. We're a victim of the great service that we offer. Do I think we should reduce that service or say, "Hey, we're capped at 'X' number of dollars"? I do not, because I feel that this is something that's critical, and it's being used critically by the least -- the most vulnerable in our community that are on fixed incomes; that are not going to go back to work; you know, they're poor elderly in our community. And I think the right thing to do -- it's not about the vendor. The vendor is doing a great job. It's not about City of Miami Page 75 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 whether this vendor, Accion, or any other vendor. What's happening is the clients -- we have an unbelievable demand for this service, and I think our demand has just been outpaced by what we thought it was going to be, and I think we should do the right thing. Chair Gort: No, I understand, and I would not want to take transportation from any elderly person, especially in some of the neighborhoods that so much need it. Commissioner Suarez: Right. Chair Gort: But at the same time, this is a policy that we have to establish. Right now, my understanding is we're subsidizing the County program by paying the County -- starting what the fee is. Commissioner Suarez: We're -- Chair Gort: Now, if we're going to determine to do that -- and that going to be increasing constantly, because they're businesspeople. They want to increase it, and they're going to go ahead and increase it. We have to decide, are we going to take over transportation for the County in certain area? That's something we need to decide. Commissioner Suarez: And that's -- Chair Gort: And where the budget's going to come from. Commissioner Suarez: -- a fair discussion. I think you're right. The trend that the City has been showing is that we are increasing our footprint, if you will. We're increasing our involvement, and the beauty -- I look -- I try to look at it from the positive perspective. The beauty of it is that it's been so successful, and what you hear people talk about and complain about constantly is the lack of mass transit, the lack of connectivity, the lack of affordable transit. And the way I look at it is, we're doing it right. And so that's my perspective on it. Chair Gort: No, I understand, and I agree with you, but the RFP -- my understanding -- that's why I'd like to get the information from all department -- Commissioner Suarez: Understood. Chair Gort: The RFP contract now is from 14,000 trip. I want to know what the original RFP was. If they went above that, they should have told us a long time ago, "Listen, guys, we having this problem. We responded an RFP to answer 'X' amount of trips. We going beyond that. You guys got to make a decision." Commissioner Suarez: Yeah, and if -- Chair Gort: You guys didn't notify us. Daniell Alfonso (City Manager): Okay, there is -- I think the company has been billing us somewhat irregularly, so the last invoice that we got was for like five months, all at one shot. That invoice would put the contract well above the number of trips that are allowed, per the contract; that's why we didn't pay that bill. The contract renewed on April 27. April 27, a new year began, in effect, so under the new year that began April 27, we have new capacity, which we're paying for, but we haven't gotten billed for that yet. So right now there's an invoice on hold that pertains to the prior year of service from December, January, February, March and April. Commissioner Suarez: Just to be fair, ifI may, Mr. Chair? City of Miami Page 76 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Chair Gort: Yes, sir. Commissioner Suarez: That means that the provider has provided those services without getting paid. Mr. Alfonso: That is correct. Chair Gort: Yeah. Commissioner Suarez: So he's -- that's benefited our elderly without expectation or knowledge that there would be a repayment. So you can criticize the vendor if you want, but what I'm saying is that -- Chair Gort: Wait a minute. I understand. Commissioner Suarez: Okay. Chair Gort: Here's what I'm trying to get to: There was an RFP. The vendor was supposed to supply us "X" amount of work for that RFP. If that cannot be done -- because then everyone's going to come and low -bid, every RFP that we have. Commissioner Suarez: But it's not about the bid. Chair Gort: Of course, then they're going to say, "Wait a minute, I had to go beyond, I'm sorry." Commissioner Suarez: But I think you're confusing two different things. There's the price per trip, and there's the amount of people that use the service. The amount of people that have used the service have far -- the demand has far exceeded. I think both the City and the vendor could argue that it was unexpected that it was going to be at this level. What I'm saying is -- Chair Gort: By the way, I don't have any problem in funding, and I don't have any problem to put "X" amount of money to fund the -- our senior citizens; I don't have any problem with that. I have the problem of the process, because originally, my understanding, the RFP is, you going to provide "X" amount of trip. This is the total sum that you going to get. And so they were aware of the total sum they were going to (UNINTELLIGIBLE). Commissioner Suarez: And so are we, and yet, the service continued to go unpaid; now to an extent of -- Chair Gort: But the RFP did -- Commissioner Suarez: -- almost $200,000 worth of trips. Chair Gort: I understand. Commissioner Suarez: No, it's not that the RFP -- it's got nothing to do with the RFP. It's the service that we provide. Chair Gort: Well, RFP's don't -- okay. Commissioner Suarez: I just think it's a different issue. Chair Gort: I'm not (UNINTELLIGIBLE) that. City of Miami Page 77 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Commissioner Suarez: Yeah. Ms. Mendez: I think we need to clearly review the RFP and see if there was a maximum amount of trips. We don't have that information right now, because we weren't able to get the actual RFP documentation in time, so we're reviewing that. There is some language that says that the Manager can increase capacity, but I don't know if that was in the original RFP. So some things, right now, I can't give you the answer, if we would be able to -- if we would need a new RFP in order to provide the additional services, as you're requesting. That may be another issue. Commissioner Suarez: I think that's fair. Chair Gort: And by the way, let me tell you, I don't have any problem in providing the services; I don't have any problem with that. I just want to do it the correct way. Commissioner Suarez: And I'll just say, I'll take the blame, too, and I don't want to give the impression -- I'm not trying to blame the Administration or blame the vendor. I'll take the blame. As a Commission office, we actively go out and tell our citizens who are elderly, who are poor, "Look, this service is here. If you qual under these things, you get free transportation." So we are actively doing that, and so if there's anyone that deserves the blame, I'll take the blame, I'll take the heat. We have been the one pushing it, so -- Chair Gort: You don't have to take the blame. I think that's our job to offer the individual, but this, we need to decide that we going according to what we -- Commissioner Suarez: I get it. Chair Gort: -- RFP we put out there, so. Commissioner Suarez: Okay. Can we direct the Administration to come back to us? Commissioner Carollo: Come back. Commissioner Suarez: Yeah. Mr. Alfonso: What we will do -- because under the current year that began April 27, we do have capacity, but we will come back to this Commission with exact amounts of what is needed to maintain the current level of service, and request the authorization; then, when we do that, to pay the services that were provided that had been billed but not yet paid. Commissioner Suarez: Can I just add one thing, Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: I would say, forgetting about the vendor -- and I understand your -- I understand where you're coming from, because I know -- I remember the fight, and the battle, and it's a -- your district phone company, and I get it, and they're good people, and they were, you know, providing the service for a long time, and I understand all that. What I'm saying is, I agree with everything you said, Mr. Manager, with one minor addition: We should have a growth factor, because I don't want to be back in this situation next year. And if we understand that this service is so successful -- like our trolley service, which we just expanded by a hundred percent, we doubled the number of routes -- let's be intelligent about this and say, "Okay, we see that this program is growing rapidly, because it's being used. Let's factor in a growth factor to make sure that, you know, we're not back here asking six months later for an expansion of the contract." City of Miami Page 78 Printed on 7/7/2015 City Commission Meeting Minutes June 11, 2015 Ms. Mendez: The contract does allow for that growth factor. I just don't know if the RFP allowed for that, and that's what we have to give you a little more information -- Commissioner Suarez: Okay. Ms. Mendez: -- between now and the next time we come to talk about that. Commissioner Suarez: Understood Chair Gort: And also, what will be the future cost, and how it's going to affect the -- our budget. And we need to allocate the funds for it. Commissioner Suarez: Agreed. Chair Gort: Because, like he said, our trolley has been very successful, we want to expand it, and we have limited funding, so. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: Yes, sir. The meeting adjourned at 5: 36 p.m. City of Miami Page 79 Printed on 7/7/2015