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HomeMy WebLinkAboutCC 2015-07-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 9, 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 July 9, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 9th day of July 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 9:05 a.m., recessed at 12: 03 p.m., reconvened at 3:15 p. m., recessed at 5:14 p. m., reconvened at 5:16 p.m. and adjourned at 5: 56 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chamber at 9:10 a.m., Commissioner Suarez entered the Commission chamber at 9:13 a.m., and Commissioner Carollo entered the Commission chamber at 9:43 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning, ladies and gentlemen. Welcome to the July 9 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Commissioner Frank Carollo, Francis Suarez, Marc Sarnoff; Keon Hardemon, Vice Chairman; and myself Wifredo "Willy" Gort, Chairperson. Also on the dais is Daniel Alfonso -- he should be there any minute -- City Manager; Victoria Mendez, City Attorney; and Todd Hannon, the City Clerk. At this time, we'll get up for invocation and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00893 PRESENTATION Honoree Presenter Protocol Item Easy Grass Vice Chair Salute Hardemon Alicia M. Fernandez Commissioner Special Suarez Recognition PRESENTED 1) Commissioner Hardemon presented a Salute to Easy Grass, LLC and its owners, honoring their valuable community service to the City of Miami's Little Haiti Soccer Park by enhancing its playground area; furthermore commending them for their dedication to civic responsibility and communal welfare through valuable support to the City of Miami; furthermore expressing gratitude for their commitment to elevate the quality of life in Miami. 2) Commissioner Suarez presented a Special Award to Alicia M. Fernandez, Administrative Assistant, recognizing her five years of service and dedication as a career employee and applauding her use of critical skills and knowledge in service to the District 4 office; furthermore paying tribute to her commitment to public service and thanking her for her hard work and City of Miami Page 3 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 dedication. Chair Gort: Do we have any presentations, protocol? Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: Unfortunately, we need three. Vice Chairman Hardemon, you're recognized. Vice Chair Hardemon: Thank you very much, Mr. Chairman. Good morning, everyone. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we have any minutes? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the regular meeting minutes from the July 11, 2015 Miami City Commission meeting. Commissioner Suarez: So move. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Seeing none, hearing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Todd B. Hannon (City Clerk): Chain; there are no mayoral vetos. Chair Gort: Madam Attorney, would you go over the regulations, the procedures. Victoria Mendez (City Attorney): Thank you, Chairman. We will now state the procedures to be followed for this meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda 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 a proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at the meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of City of Miami Page 4 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Communications or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of 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. Thank you. Chair Gort: Thank you, ma'am. We have to wait a few minutes. We need three Commissioner in order to have a quorum. Later... Chair Gort: Mr. Manager, you got any items you want to pull? Daniel J. Alfonso (City Manager): Yes, we do, Mr. Chairman. There is a request to withdraw CA.3 and RE.8. Chair Gort: CA.3, RE.8. Mr. Alfonso: And there is a request to defer 4.1 to September 10. Chair Gort: Thank you, sir. Any Commissioner would like to pull any one items [sic]? Any of the Commission would like to pull any item? Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Mr. Manager, can you reread the ones that you --? Mr. Alfonso: Withdraw: CA.3 -- Commissioner Suarez: Mm-hmm. Mr. Alfonso: -- and RE.8. And defer 4.1 to September 10. Vice Chair Hardemon: And Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: If you will, there's been some discussion with the legal team regarding the text amendment for PZ.3, and so I'd like to defer that item until we receive some type of official notification from -- everyone confused? I know that I have been waiting on some information from the legal team about the ramifications from PZ (Planning & Zoning) -- Chair Gort: Three. Vice Chair Hardemon: -- Three, that's correct. And so in my last discussion with the legal team, I know we hadn't had an official opinion rendered, because I have some concerns about how it City of Miami Page 5 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 affects one of the projects that is within our community, and so what I'd like to do is just defer it until after we come back from the -- I think the break in August, so sometime in September. It doesn't matter which meeting it will be. Ms. Mendez: Could we table it until this afternoon? And if I give you the information that you request -- because we can't really -- well, at what time is this -- Chair Gort: That's after 2 o'clock. Ms. Mendez: -- PZ item? It's after 2 o'clock? Vice Chair Hardemon: Oh, yes. Ms. Mendez: So if I give you the information -- I mean, you're putting everybody on notice now that ifI don't give you the information, it may be pulled but can we do that? Vice Chair Hardemon: So I guess what we've been doing in the past is putting everyone on notice, and then make the official action then in the afternoon, so I'm okay with that, Mr. Chairman, if you will. Chair Gort: All right. Anyone else? Do we have any Mayor's veto? Todd B. Hannon (City Clerk): Is there a motion, sir, on the withdrawals and deferrals? Commissioner Suarez: So moved. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Sarnoff. All in favor, stated it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Okay. Later... Chair Gort: RE.11. Commissioner Sarnoff. Isn't -- this one needs to be continued, right? Vice Chair Hardemon: Was this matter in need of a defer -- a deferral -- Commissioner Sarnoff. Yeah. Vice Chair Hardemon: -- for some reasons? I believe it was, as I was explained by maybe the -- some of the -- Mr. Alfonso: RE -- Vice Chair Hardemon: -- parties that were involved. Mr. Alfonso: -- 11 and 12 are the Tri-Rail agreements? Vice Chair Hardemon: Yes. Chair Gort: That's right. City of Miami Page 6 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Vice Chair Hardemon: I believe so. Commissioner Carollo: I'm sorry? Commissioner Sarnoff.. I think they wanted it deferred. Vice Chair Hardemon: Right. Commissioner Sarnoff.. Am I right? It's not quite ready for prime time. Javier Fernandez: Mr. Chairman, Javier Fernandez with Stearns, Weaver, Vermillo, law office at 150 West Flagler, here on behalf of SFRTA (South Florida Regional Transportation Authority). With your indulgence, we would ask if the two items could be continued to the 23rd agenda just to allow us to work out some minor language issues with the City Attorney's Office. Commissioner Sarnoff. So moved. Mr. Fernandez: Thank you. Vice Chair Hardemon: Second. Chair Gort: Been moved by Commissioner Sarnoff,. second by Vice Chairman Hardemon. Commissioner Carollo: Discussion. Commissioner Suarez: You'll have enough time to work that out? Chair Gort: Discussion. Commissioner Carollo: That's deferral RE.11 and RE.12? Vice Chair Hardemon: That is correct. Mr. Fernandez: Yes, sir. Commissioner Carollo: Okay. And your deferral is RE.11, I would imagine? Ms. Mendez: RE.11 and 12, right? Commissioner Carollo: Right. But I would believe the City Clerk would say to do it one at a time. Mr. Hannon: It's within the purview of the Commission. If you would like to make a motion to defer both items, you may do so -- Commissioner Carollo: Okay. Mr. Hannon: -- since it's not a final action. Commissioner Carollo: Gotcha. Chair Gort: The maker of the motion, do you defer both items? Commissioner Sarnoff.. I do, sir. City of Miami Page 7 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Oh, you did. The seconder of the motion, you accept that? Vice Chair Hardemon: Yes. Chair Gort: Okay. All in favor, state it by saying Lye. The Commission (Collectively): Aye. Chair Gort: Thank you. City of Miami Page 8 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 CA.1 15-00331 Office of Grants Administration CA.2 15-00743 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TOACCEPTA TOTAL AMOUNT NOT TO EXCEED $227,152.00 IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST ("TRUST") TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES ("DEPARTMENT"), FOR THE FAMILIES FIRST PARENTING PROGRAM ("PROGRAM"), AND AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN A TOTAL AMOUNT NOT TO EXCEED $10,795.00 TO FUND THE PROGRAM ADMINISTERED BY THE DEPARTMENT AT VARIOUS CHILD CARE CENTERS WITHIN THE CITY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2015-2016 FAMILIES FIRST PARENTING PROGRAM", TO ACCEPT THE GRANT, AND APPROPRIATING THE GRANT FUNDING IN AN AMOUNT NOT TO EXCEED $227,152.00, WITH IN -KIND SERVICES TO BE APPROPRIATED BY THE CITY VALUED AT AN AMOUNT NOT TO EXCEED $10,795.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2015 THROUGH JULY 31, 2016, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 15-00331 Summary Form.pdf 15-00331 Legislation.pdf 15-00331 Exhibit - Grant Documents.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0282 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED APRIL 22, 2015, PURSUANT TO INVITATION FOR BID NO. 480327, FROM 4 UR BELLEE (PRIMARY SUPPLIER) AND GREATER MIAMI CATERERS, INC. (SECONDARY SUPPLIER) TO PROVIDE MEALS UNDER THE CHILD CARE FOOD PROGRAM, FOR THE DEPARTMENT OF PARKS AND RECREATION'S City of Miami Page 9 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 AFTERNOON SNACK PROGRAM AND CITY OF MIAMI DAY CARE CENTERS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF HEALTH CHILD CARE FOOD PROGRAM STANDARD CATERING CONTRACT FOR FISCAL YEAR 2014-2015, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BOTH THE PRIMARY AND SECONDARY SUPPLIERS. 15-00743 Summary Form.pdf 15-00743 Bid Tabulation.pdf 15-00743 Corporate Detail.pdf 15-00743 Invitation for Bid.pdf 15-00743 Legislation.pdf 15-00743 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0283 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo CA.3 RESOLUTION 15-00753 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CYNTHIA WILLIAMS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $281,708.75, INCLUDING $100 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.545010.0000.00000. 15-00753 Memo - Office of the City Attorney.pdf 15-00753 Memo - Budget Sign-Off.pdf 15-00753 Legislation.pdf City of Miami Page 10 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 PH.1 15-00689 Department of Real Estate and Asset Management Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo END OF CONSENT AGENDA Chair Gort: Motion on the CA -- consent agenda, with the exception of CA.3. Do I have a motion? Commissioner Suarez: So moved. Chair Gort: Been moved by Commissioner Suarez. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF A CITY OF MIAMI ("CITY") OWNED CLUC 90 PROPERTY, FOLIO NUMBER 01-3133-028-0430, TO TOWN & COUNTRY INVESTMENTS, LLC ("PURCHASER"), ESTABLISHING SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00) AS THE AMOUNT TO BE PAID TO THE CITY BY THE PURCHASER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 15-00689 Summary Form.pdf 15-00689 Notice to the Public.pdf 15-00689 Legislation.pdf 15-00689 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0284 City of Miami Page 11 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Daniel Rotenberg (Director, Real Estate & Asset Management): Good morning, Commissioners. PH.1. PH.1 is a resolution declaring a surplus and approving the sale of a City of Miami property, owned CLUC-90 (County Land Usage Code) property. It's on Northwest 32nd Place, adjacent to the 836. Purchase price is $6, 500. Size of the property is 3,498 square feet. Chair Gort: Okay. This is a public hearing. I open it to the public. Nathan Kurland Nathan Kurland, 3132 Day Avenue. I don't come before you, Commissioners, to speak against this sale. What I do come before you is to request that a covenant be placed into this sale regarding LED (Light -Emitting Diode) advertising. I've made a trip out to this property. It seems like a perfect location for another bit of visual pollution, so many of us would like to see that you add a covenant regarding no LED advertising at this location now, or if this property should be sold again in the future. Thank you. Chair Gort: Thank you. Commissioner Suarez: Can I just address that? Chair Gort: You're recognized. Commissioner Suarez: Let me just say -- Chair Gort: Is anyone else in the public would like to address this issue? Seeing none, hearing none, I close the public hearing. Commissioner Suarez: Thank you, Mr. Chair. Let me just say that, first of all, I kind of agree with what Nathan is saying. I would say no advertising, period, because it's not just LED; it could be any sort of a billboard or anything else, so. But the problem -- and here's -- I mean, I'm -- I got to be fair. The problem is I don't know if you negotiated on that basis, so I don't know what they're paying for the property. I don't know if they'll be willing to accept that. I think this is a very small sale, right? It's like $6, 000 or something like that if I -- if my memory serves me right. Mr. Rotenberg: Sixty-five hundred dollars. Commissioner Suarez: Yeah. Mr. Rotenberg: That's correct, sir. Commissioner Suarez: So, you know, they might be willing to accept that covenant. I think you should try to see if they'll accept the covenant of no advertising; not only -- no advertising, at all -- no billboard, no -- Mr. Rotenberg: We can certainly try. Commissioner Suarez: By the way, if we were selling a piece of property that they could put an advertising on, then we're really underselling the property, because at $6, 500, I can tell you, these guys are really making a lot of money if they're able to put a billboard there. Mr. Rotenberg: I do agree. Chair Gort: Okay. Thank you. Mr. Rotenberg: It is a single-family residence. It's zoned for single family. I don't -- City of Miami Page 12 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Suarez: I get it. I think what -- I think -- Victoria Mendez (City Attorney): I see what you're saying. Commissioner Suarez: Yeah. Ms. Mendez: It's right next to a highway. Commissioner Suarez: Right. Ms. Mendez: Right. It doesn't -- Mr. Rotenberg: We can put a -- Ms. Mendez: Right. But it's just that it could probably be rezoned for -- Commissioner Suarez: Correct. Ms. Mendez: -- so it's just to make sure that there's no visual clutter in the future. Commissioner Suarez: By the way, it would be egg on our face, because if we sold it for 6,500 on the basis of this being a single-family -- Ms. Mendez: Right. Commissioner Suarez: -- residential piece of property and it was rezoned, then it would be much more valuable. Ms. Mendez: Actually, the Commissioner brings up a great point. We have in the past, whenever we're selling property or giving monies with regard to single-family homes, we have put covenants on the property, saying that it can only be used for single-family uses, so it is a very valid point. We could do that. We could do that restriction, and we really don't even need to ask them for anything, so. Commissioner Suarez: Thank you. Mr. Rotenberg: We'll go ahead and put a covenant in. Commissioner Suarez: Thank you. Chair Gort: Thank you. Is there a motion? Ms. Mendez: Thank you. Chair Gort: My understanding, this is adjacent to the property that can be used, the property -- Daniel J. Alfonso (City Manager): Right. This is the abutting property owner. Chair Gort: (UNINTELLIGIBLE) what we're doing, because -- okay. Mr. Alfonso: And it is currently zoned for duplex. Chair Gort: Right, okay. Do I have a motion? City of Miami Page 13 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 PH.2 15-00722 Department of Real Estate and Asset Management Commissioner Suarez: Yes, I move it. Chair Gort: Moved by Commissioner Suarez -- Commissioner Sarnoff. Second Chair Gort: -- with the amendment. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY ONE HUNDRED SIXTY FOUR (164) SQUARE FEET OF CITY -OWNED PROPERTY, LOCATED AT THE DINNER KEY DOCK MASTERS OFFICE, 3500 PAN AMERICAN DRIVE, COCONUT GROVE, FLORIDA, 33133, FOLIO NUMBER 01-4122-002-0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. 15-00722 Summary Form.pdf 15-00722 Notice to the Public.pdf 15-00722 Legislation.pdf 15-00722 Exhibit A - Grant of Easement.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-15-0285 Chair Gort: PH.2. Daniel Rotenberg: PH.2, Commissioners -- again, Daniel Rotenberg, director, Department of Real Estate & Asset Management. It's a resolution of the Miami City Commission authorizing the City Manager to execute a grant of easement to the Miami -Dade Water & Sewer Department, approximately 164 square feet. It's for the utility hookup for the dock master's office next door at Dinner Key Marina. City of Miami Page 14 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Okay. It's a public hearing. Is anyone in the public would like to address this one issue? Anyone in the public? Seeing none, hearing none, close the public hearings. Commissioners, do I have a motion? Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff,. second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 15-00710 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONSAND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONSAND FINDINGS OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF GRANTS ADMINISTRATION, EDUCATION INITIATIVES THAT EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC. AND CONEE, INC., FLORIDA FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH PARENTING SERVICES AT VARIOUS CHILDCARE CENTERS WITHIN THE CITY FOR THE FAMILIES FIRST PARENTING PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC., IN AN AMOUNT NOT TO EXCEED $80,000.00 AND CONEE, INC., IN AN AMOUNT NOT TO EXCEED $22,000.00, EACH FOR A PERIOD COMMENCING AUGUST 1, 2015 THROUGH JULY 31, 2016, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 15-00710 Summary Form.pdf 15-00710 Notice to the Public.pdf 15-00710 Memos - City Manager's Approval.pdf 15-00710 Legislation.pdf 15-00710 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 15 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0286 Chair Gort: Second Reading. 2. Daniell Alfonso (City Manager): Mr. Chairman, can we go to PH 3? We have four members present. I don't know if -- Chair Gort: Beg your pardon? Mr. Alfonso: PH 3, can -- it was a four -fifths required, the Public Hearing.3 that was -- Chair Gort: All right. Mr. Alfonso: Thank you, sir. Lillian Blondet: Good morning. Lillian Blondet, Office of Grants Administration. PH.3 is in conjunction with CA.1, the accepted funding from the Children's Trust. So PH.1 is a resolution of the Miami City Commission, with attachments, by four -fifth affirmative vote, after an advertised public hearing, ratifying, approving and confirming the City Manager's recommendation and findings that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Section 18-85(A) of the Code of the City of Miami, Florida, as amended; waiving the requirements for said procedures; approving the recommendations and findings of the City of Miami Departments [sic] of Grants Administration, education initiatives that Exceptional Consulting for Educational Leaders, and Conee, Inc., Florida for profit corporations, are the most qualified firms to provide instruction, family activities, mentoring, community workshops and other such activities in conjunctions with parenting services at various childcare centers within the City for the Families First Parenting Program; authorizing the City Manager to negotiate and to execute, after -- Commissioner Sarnoff. So move, Mr. Chair. Commissioner Suarez: Second. Ms. Blondet: Thank you. Chair Gort: Been moved by -- Ms. Blondet: Thank you. Chair Gort: -- Commissioner Sarnoff second by Commissioner Suarez. It's a public hearing. Commissioner Sarnoff (UNINTELLIGIBLE). Chair Gort: Is anyone in the public would like to address this issue? Yes, ma'am, you're recognized. Renita Holmes: Madam Holmes, District 5. I can reiterate what I'm saying about gender -specific. When we look at public housing and the entitlement groups, they are residents. Primarily 95 to 99 percent of the women in public housing have not been reached. Again, when I look at the money that the Children's Trust has had, none of the inner city groups really received any money, none of the black, African -American in District 5 received much monies. And so to waive the competitiveness, or to even make it competitive just leaves me wondering why we don't utilize the same source methodology that we're utilizing with the County. It's City of Miami Page 16 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 almost as if it's specific. Listen, some of us are working here for free, Mr. Chair. And some of us have been working for a while. Some of us are working for ourselves, but yet, we get volunteered. So I'm concerned about waiving the competitiveness. I'm concerned about the Federal compliance with the local rules that are there to ensure that the Section 3 organizations, whether NFP (not -for -profit) or for profits receive it. So when we waive this, I was wondering if we had considered the input, and the intake, and the right to participate of those women, of OTAC (Overall Tenant Advisory Council). And I'm wondering if in this document, there's anything from OTAC since we're doing public housing. For too long, we, as black women in the African -American community and minority women have not had a say-so about how funds go, and that's why Children's Trust accumulated $94 million. I'm tired of working for free, being told I'm free, being told I'm too poor, and then having everybody else get poverty pimping money, and then I have no say-so, and then they wonder why I'm frustrated. Perhaps if women had the money, or women -based organizations within housing had their entitlement monies, and a due process, and a due diligence that's ensured by the Federal Rule of 970.345 or all of those Federal Rules, which I've seen no reference to in the entitlement documents, maybe then. So waive it, but I got a problem. I need to ask HUD (Department of Housing and Urban Development), the planner and everybody else that's fiscally responsible for how we do general accountability in this City with black women's money, or poor women's money in poverty, because I'm sick of people having bank rolls and then we get nothing, and still wait for free. Chair Gort: Thank you, ma'am. Ms. Holmes: And I say that to my district Commissioner, particularly. How do we keep waiving processes that black women don't benefit from? Chair Gort: Thank you, ma'am. Anyone else in the public? Seeing none, hearing none, we close the public hearing. Vice Chair Hardemon: Chairman. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: Mr. Manager, could you please explain to us, or someone from the Manager's office explain to us why you're waiving the competitiveness in this item? Mr. Blondet: Yes, sir. This is funding that we received from the Children's Trust. The Children's Trust, on November 6, when they opened this year application process, they had a forum where they had providers or people who wanted to be providers attend these meetings. So we attended that meeting, and that's when we learned how to apply, and also met with certain providers that could serve the community or could provide services for all the programs, just not the City programs. Children's Trust provides maybe three, four weeks only for a response to RFP (Request for Proposal), so that doesn't give us enough time to have a City process for procurement to select a provider, because when we submit an application, we must have the provider's name included in the application. Vice Chair Hardemon: So when you submitted this application, was this provider's name included with the application to --? Ms. Blondet: Yes, we had to include it. Vice Chair Hardemon: So for us to accept these dollars, will we need to use this provider, or can we use someone else? Ms. Blondet: We would have to use this provider. But we did go to the community event where they had invited everybody; the Children's Trust did. Whoever wanted to provide services City of Miami Page 17 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 through the Children's Trust was invited to their meeting, and we met with several providers at the time for these programs and other programs that we were applying for. Vice Chair Hardemon: Thank you. Chair Gort: Any further discussion? All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Blondet: Thank you. Mr. Alfonso: Thank you, Mr. Chairman. END OF PUBLIC HEARINGS SECOND READING ORDINANCES SR.1 ORDINANCE Second 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 Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13531 Chair Gort: PH.3. PH.3 is a four fifth. Daniel 1 Alfonso (City Manager): Right. We have to skip that one. So Second Reading.1, the Solid Waste franchise fee. Mario Nunez: Good morning, Chairman and members of the Commission. I'm Mario Nunez, director ofSolid Waste. It's the second reading. An ordinance of the City ofMiami Commission to amend that certain provisions of Chapter 22, entitled "Garbage and other Solid Waste/in General/Regulations of Persons Engaged in Commercial Waste Collection," in order to clarify and amend the regulations for franchisees; provide for requirement for franchisees to have a recycling plan and other provisions as stated herein; containing a severability clause and providing for an effective date. Chair Gort: How does this ordinance affects the existing procedures that we have? City ofMiami Page 18 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Mr. Nunez: Currently, you know, the -- Chapter 22 lacks of a few definitions. One: Of the definition of "organic waste, " which is a critical component of the Solid Waste stream. The definition of "waste to energy, " which is basically a general trend that is taking place around the world. Basically, we're creating the legal framework by which we can establish a vision for the Solid Waste Department in -- for the decades to come. In addition, we are basically -- we have looked at the issues overflowing, and we have raised the bar in terms of minimum requirements for bins or frequency of collection at multifamily dwellings. As you know very well, you know certain facilities have undersized containers; more frequency on collection that creates a general sanitation or public health problem. Generally speaking, these are basically the major aspects that we're addressing in the proposed changes to Chapter 22. Chair Gort: Okay. Mr. Nunez: Yes. I thank you, Mr. Ihekwaba. Yes, I did forget about to mention that we're establishing basically certain parameters where the franchise haulers are required to also actively participate in disseminating outreach information in terms of our recycling plan; distributing literature to their customer base on an annual basis in different languages in order to comply not only with what is already stated in the Code, but also with the County mandate of multi -- mandatory multifamily and business recycling countywide. Chair Gort: So this is part of the "Keep Miami Clean"; educate the individuals of the needs -- why we need to do all these things. Okay. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: It's been by -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, public is -- close the -- Renita Holmes: I'm here. I just had someone standing in my way. My name is Madam Renita Holmes, with the Women's Association Alliance Addressing Injustice and Violence as Women in Public Housing, Education and Finance Development, Incorporated I primarily address African -American and inner city communities, as well as the homeless population. We are a group and a coalition of ministers, and women, and mothers, and children, and some of us formerly homeless. And while I particularly am always involved in community engagement, and as a lobbyist or advocate, I don't have to talk about two minutes. So when we talk about the real effort put into community education, advocacy and outreach, I consider myself to be a professional, if not the target point that you want to reach in your department. So through the Chair and through my Commissioner, particularly in the African -American community, when I look at environmental justice, when I look at education, when I look at information, I would really appreciate that we have a real sit-down conversation, as well as some inclusion in that as service providers, because the language does not work out where we have sufficient engagement or education information. The cultural competence is incredible. You could take a look at -- and in closing, take a look at the number of men that are doing community education advocacy and outreach. And I don't mean no harm, but if you want to talk to a woman, you got to talk to me like a woman. If you want to educate inner city folks, you got to educate inner city folks. And I just don't see it happening. It's not reaching me. I would love to have a conversation through the Chair with this gentleman so that we could be more effective, impactful, and more efficient in City of Miami Page 19 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 SR.2 15-00619 Honorable Mayor Tomas Regalado the cost of making education go to those most disparate that we're now having a problem with -- in reach is what we need, because there is hepatitis, there are other little secondary diseases, there is no health department. There is no real input from those who really could educate us, so just throwing it out there and giving it to anybody. You need people that can reach people, talk in the language and even gender -specific. So I'm asking for that as a resident; that you do that a little bit more. And if we had that conversation, maybe we could eliminate the gaps. And thank you for the time, Mr. Chairman. Chair Gort: Thank you, ma'am. And I'm sure Mr. Nunez be more than glad to sit down with you and answer all the questions you have, and inform you. Any further discussion? All in favor, state it by saying "aye." Todd B. Hannon (City Clerk): Chair, it's an ordinance. Chair Gort: Second reading. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL", ADDING TO THE PURPOSE OF THE MAYOR'S INTERNATIONAL COUNCIL THE AUTHORIZATION TO PLAN, IMPLEMENT, AND COORDINATE THE CITY SISTER CITIES PROGRAM NATIONALLY AND INTERNATIONALLY, TO EXECUTE ALL "SISTER CITY" AGREEMENTS FOR THE SAME, AND TO RATIFY ALL EXISTING "SISTER CITY" RELATIONSHIPS, PURSUANT TO AMENDED SECTION 2-922 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00619 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13532 Chair Gort: Second Reading. 2. Daniel J. Alfonso (City Manager): SR.2 is the Sister City agreement. Victoria Mendez (City Attorney): This is for the Mayors International Council, with regard to having the Mayors International Council ratify the Sister City agreements that have -- that will be done in the future, and this also allows for the existing Sister City agreements to be ratified by the Commission on the adoption of this ordinance, and the Mayor has more to say. City of Miami Page 20 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Mayor Tomas Regalado: I mean -- good morning, Mr. Chairman, Commissioners. I guess that this is just to clear the record of the Sister Cities agreement that have been done in the past years; not just now, but in 20 years, I guess, and just to put it in the City official Code, so it's just a clearinghouse item. Chair Gort: I received a copy of the existing programs that we have with -- it was about 20-some cities throughout the world that we have Sister City agreement. And I think from now on, what's going to happen, any new Sister City agreement that comes in front of the International Council would come in front -- approved the Commission to let the Commissioners know. Ms. Mendez: It will come before the Mayors International Council and the Commission will receive notice. The Mayors International Council will be the one to ratify the agreements, and if the Commission is not in agreement with any of those Sister City agreements, then they can say that it will not occur, so. Chair Gort: They can veto it. Ms. Mendez: Correct. Chair Gort: They can use the veto power. Ms. Mendez: Pretty much. Chair Gort: Okay. This is an ordinance. Anyone in the public would like to address this issue? Is anyone in the public would like to address this issue? Renita Holmes: Madam Renita Holmes with the Women's Association. Again, I could reiterate from the last two -- from a woman's perspectives. I even wonder why they say "Sister Cities," when sisters hardly have it. But when I look at towns like Baltimore, Chicago, and we really don't want to have the same situations that we see occurring here in Baltimore or Chicago, and it doesn't take male dream defenders alone. There are a group of us that need to really be able to sit down and address this, Mr. Mayor. Women in this City ought to say more. Women in this City ought to be the beneficiaries of the entitlement and the funds that they have. When I even look at the dais that I'm appearing before this morning, I wonder if the perception is totally clear about the empowerment and power of women in this City. So I will talk to my Sister Cities, Mr. Mayor, and I would like to continue to have a dialogue with you, but not through the men in your staff because there are issues here for women, particularly African -American women taxpayers and corporate business owners. Apparently, it's disparate. We always want to fault the police about how we police our community and our cities. When it come to community -oriented policing, I'm questioning the City's makeup, the City's status, and the population of women that make decisions in the City about where monies go, because we sure as hell am qualifying this City for a lot of money, and have paid more than any other taxpayer in the City when it comes to the death of our children. Maybe we ought to take the reactionary or the responsive attitudes and behaviors, as well as the community -oriented position that Chicago, Baltimore, Memphis, and Missouri have, because we're getting really ticked off about how we always talking about sisters, sisters housing, sisters this and that, and then we go off into another city, and now we got this misogynistic male -dominated attitude about how we have our relationships. Mr. Mayor, I've known you for a while, and I'm here today as a woman, representing African -American inner city women. When you say "sister," be very ye so careful on how we use the cultural gender gap to create relationships with other folks, and how we limit the participation of poor women in this process. So I hear all that, but you're the sheriff. Maybe the deputy needs to be a woman. Chair Gort: Thank you, ma'am. City of Miami Page 21 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 SR.3 15-00658 District 4- Commissioner Francis Suarez Mayor Regalado: Just to clarify, it's a Sister Cities International. It's a agency in Washington. It doesn't deal with national cities. It only deals with international cities. Chair Gort: Thank you, Mr. Mayor. Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. I need a motion. Commissioner Sarnoff So move. Vice Chair Hardemon: Second. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff second, Vice Chairman Hardemon. Call the question. Todd B. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TEMPORARY MORATORIUM ON FUTURE FACILITIES OFFERING THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN, FORA PERIOD OF THREE HUNDRED SIXTY FOUR (364) DAYS FROM THE EFFECTIVE DATE; SETTING FORTH THE GEOGRAPHIC AREA COVERED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 15-00658 Legislation FR/SR.pdf 15-00658-Submittal-Commissioner Suarez -Pet Shop Moratorium Reinspection Report.pdf 15-00658-Submittal-Javier Ortiz -Email Regarding Sold Puppy.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13533 Chair Gort: SR.3 sponsor -- Commissioner Suarez: Mr. Chair. Chair Gort: -- Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. On September 11, 2014, this Commission passed a moratorium on the future retail facilities engaged in the sale of dog or cats in the City of Miami. The purpose was to inspect these facilities to make sure that they're in compliance with all applicable requirements and laws, and to figure out whether they were being -- whether those City of Miami Page 22 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 dogs or cats were being obtained from ethical sources and not puppy mills. We since inspected 13 stores, and recently re -inspected them. Pursuant to our Assistant City Manager's memo to the Commission, circulated yesterday, six stores are no longer in business or were closed, based on failure to maintain business permits, certificates of use and business tax receipts. Seven stores remain open and are currently maintaining the required licenses and documentations. Since the moratorium, my office has met with representatives on both sides, and we continue to engage in due diligence efforts to study this matter. We had -- there was a pending case, which was actually resolved, and was actually finished, which was Maryelis Lovely Pets versus the City of Sunrise, and it actually upheld Sunrise's ban. So, obviously, there's still appellate rights, and the defendant in that case -- or the plaintiff in that case still has the right to appeal, so there's still some potential litigation. So in consideration of that, I'd like to make two small amendments to my legislation. I'd like to reduce the number of days of the moratorium from 364 to 180, which is another six months, since one of the two bases for the moratorium has already essentially been established. And secondly, I want to delete from the first paragraph, "many of which are sold as certain retail sales facilities." It's just a statement there that kind of rubs salt in the wounds, and part of the reason why we're doing our due diligence is to determine whether or not it's being sold at some of these retail sale facilities. So I will make those two modifications to the ordinance, and I will move it for second reading. Thank you, Mr. Chair. Chair Gort: Okay, it's been moved. Is there a second? Commissioner Sarnoff.: Second Chair Gort: Second by Commissioner Sarnoff. This is a public hearing. Anyone in the public -- my understanding, you have a list of individuals. Todd B. Hannon (City Clerk): First three speakers: Alejandro Miyar, Midalys Abron [sic] and Carlos Aguiar. Alejandro Miyar: Chairman Gort, Vice Chairman Hardemon, Commissioners, thank you for the opportunity to address you. My name is Alejandro Miyar. I'm an attorney with the law firm of Fox Rothschild here in Miami. I am speaking on behalf of my client, the Pet Industry Joint Advisory Council, or PJAC. PJAC is a non-profit trade association representing pet stores, pet supply manufacturers, retailers, breeders and pet owners throughout the United States. I am here with members of the Florida Pet Dealers Association. It's a coalition of pet stores and breeders in the City of Miami and Miami -Dade County; they're members of PJAC. You'll be hearing from them shortly, including members that operate stores in the City of Miami and from some of their customers. You'll also be hearing from a veterinarian, Carlos Aguiar, that inspected these family -owned small businesses just this week. They are united to respond to the allegations that are unfairly stigmatizing pet stores in the City of Miami. They, like you, are animal lovers. They're deeply concerned about anyone who breeds and sells puppies in substandard facilities. They, like the USDA (United States Department of Agriculture), know what puppy mills are. All of us stand together with you against puppy mills. We understand that as leaders of the City of Miami, you are concerned about this issue and seek solutions. Accordingly, we met with Commissioner Suarez this past May, seeking solutions. I told the Commissioner that 1 am involved in this issue through a fellow lawyer at my law firm, Nancy Halpern. Nancy is a national expert on this issue; in fact, in addition to being an attorney, she's a licensed veterinarian. She was formally a New Jersey State veterinarian, and the director of the Division of Animal Health in the New Jersey Department of Agriculture. She is a national expert, as I said and she's educated me on the dynamics of this complex situation. Nancy and I have offered to work with Commissioner Suarez' office on this issue, lend her expertise to find solutions. And to that point, this week, I wrote to each of you on behalf of PJAC, and submitted a proposed ordinance that we believe accomplishes the objectives that the City wants to attain, while not stigmatizing these stores. Our proposal includes standards that will ensure that pets sold in pet stores in Miami are healthy and well socialized, under a highly regulated regime. It City of Miami Page 23 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 provides: One, standards of care for pet dealers and pet shops; two, requirements for sales of dogs and cats; and three, pet dealer and pet shop license requirements. We will continue to work with Commissioner Suarez and the balance of the Commission to address each of your concerns, and to develop effective public policy that will protect animals, pet owners, and allow lawful pet stores to continue to operate. We must be mindful that even with the best of intentions, stigmatizing these stores does not punish the wrongdoers. Let me set the record straight. These pet stores do not source animals from substandard commercial breeders. They purchase from licensed USDA breeders. A license is not easy to obtain or maintain. If you adopt our proposed ordinance, you will require that pet shops and pet dealers in the City of Miami continue to source dogs or cats from responsible breeders; breeders that have the standard of care in the ordinance that we propose. Displaying the source of the animal to consumers, our ordinance fixes the problem without assigning blame where it doesn't exist. As leaders of this great City, the public trust compels you to protect consumer choice and lawful business against over -regulation. We ask that you protect law-abiding citizens in Miami who want to buy healthy, specially -bred pets as lifelong companions, and the small family -run businesses who provide those pets. Thank you for your consideration. Chair Gort: Thank you, sir. Next. Midalys Abreu (Through Official Spanish Interpreter Maribel Alonso): My name is Midalys Abreu. Chair Gort: I need her address. Ms. Abreu: 4828 West Flagler Street, Apartment Number 3, Miami, Florida 33134. I purchased a year ago a puppy from Beverly Hills Puppies, and he hasn't had any health issues. Chair Gort: Thankyou. Ms. Abreu: Gracias. Chair Gort: Gracias. Next. Carlos Aguiar: Hello. My name is Dr. Carlos Aguiar. Thank you for giving me the opportunity to speak on behalf of the pet stores. Chair Gort: Doctor, I need your address. I need your address. Mr. Aguiar: It's on the paper. Chair Gort: When you come up here, you got to state your name and address. Mr. Aguiar: Oh, my address is 1220 West Fairway Road, Pembroke Pines, Florida -- Chair Gort: Thankyou. Mr. Aguiar: -- 33026. Okay, the purpose for me coming here today is I personally know many of the pet store owners, and I just want to point out that there are pet store owners that do a really bad job, and those pet stores, you know, should go out of business, because they don't care for animals, and they should be prosecuted; animal abuse. The ones that, you know, do a good job, and they invest their time, and they invest their capital, and they build up a successful small business, you know, they shouldn't be hunted down and given this reputation that they have now. A pet store business is a 24/7 -- it's 24/7 work. It's -- every day of the year, you got to care for these animals; they need food, they need water, they need shelter. And these businesses are constantly inspected randomly. They just come in, and if things are going wrong, you know, City of Miami Page 24 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 they're going to be shut down. What I don't agree with is this reputation that they've gotten that they just hurt animals; that they buy from puppy mills, because that just isn't true. The other thing that isn't true is that all breeders just, you know, produce sick animals that just is not good for the public interest. Many breeders love their animals, and they do it because, you know, they're passionate for it. And in this transition from the breeder to the pet store to the owner, a lot of things could happen. Animals get sick, not only in pet stores, but anywhere. When you're selling young animals, they're usually sold when they're eight weeks old. These are animals that many times travel. Chair Gort: I need for you to conclude. Mr. Aguiar: I'm sorry? Chair Gort: I need for you to conclude. Mr. Aguiar: Okay. Chair Gort: Let me explain what the game is. Everyone gets two minutes to speak, and there's a -- they'll give you a little ring when it's 30 seconds left so you would know and you can conclude. I allow the attorney, since he represents all of you, to get an extra time. Mr. Aguiar: Okay. I'm sorry. Chair Gort: Thank you. Mr. Aguiar: I get 30 seconds? Chair Gort: I'll give you 30 seconds, yeah. Mr. Aguiar: Okay. Well, in conclusion, what I wanted to say was these pet stores are highly regulated, and I personally went to three of them. They have complied with the certificate of source. They have changed their cages. The animals have great ventilation. They actually have -- there was no smell in the pet stores that I went to. And also, they -- after you sell these animals, they have a contract. If there's any congenital diseases or illnesses, they'll even refund your money or -- you know, they work with you. So that's my conclusion. I should -- you should see this as a small business and truly try to work with these responsible small business owners. And there's also -- just one more point. There's also -- they could work with the non -profits and animal services, you know, to do maybe joint ventures to help the animals. That's all. Chair Gort: Thank you, sir. Mr. Aguiar: Well, thank you for your time, sir. Chair Gort: Let me tell you, I think everyone sitting here, they're animal lovers. We all have -- Mr. Aguiar: Yeah, yeah, we all are. Thank you. Chair Gort: Next. Mr. Hannon: Next three speakers: Nancy Diaz, Aleyda Diaz and John Bayor. Nancy Diaz (through Official Spanish Interpreter Maribel Alonso): Good morning. My name is Nancy Diaz. My address is 3684 Southwest 21 st Street, Miami, Florida 33145. I have the pleasure of working for the company called Beverly Hills Puppies. It is a company that was formed approximately nine years ago, and that company has all the licenses that have been City of Miami Page 25 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 issued by the State of Florida. Yes, my duty within the company is the most beautiful one, because I am the breeder. I am the one who has the pleasure of seeing how those little angels are born and to deliver them to people, and to see how they receive them with so much love, and the happiness that we spread around when we give those little puppies to people. I am against puppy mills. Thank you. Chair Gort: Thank you. Hold it, hold it (COMMENTS IN SPANISH). I just told them about the -- I'd like for them to wave their hands rather than applaud because we have a long meeting to go through and we still got a lot of people that want to talk. Yes, ma'am. Aleyda Diaz (through Official Spanish Interpreter Maribel Alonso): Yes, good morning. My name is Aleyda Diaz, 1700 37th Avenue, 33134, Miami, Florida. I have been working for Beverly Hills for nine years. I am in charge of the cleaning and taking care of the puppies to make sure that they are well fed and healthy. We also have a recreation area to make sure that the puppies are happy. And to me, I feel vety happy when people call back to let us know that those dogs are the happiest thing that has come into their lives. And that would be all. Chair Gort: Thank you. Next. Gloria Leon (through Official Spanish Interpreter Maribel Alonso): Good morning. My name is Gloria Leon, and the address is 3684 Southwest 21 st Street, Miami, Florida 33145. I am a small breeder. I love dogs. I treat them as children, as if they were a person. I have all the adequate staff working with me. We have been very successful. We obtained all the licenses that are required, that Florida requires. And our inspectors may show up at any time without notice, and we have never had any problems. We have the vet staff. I am against puppy mills, and I would never buy any puppy from a puppy mill. Thank you vety much. Chair Gort: Thank you. Next. Mr. Hannon: The last three people that signed up to speak for item SR.3: Javier Ortiz, Don Anthony, and Michele Lazarow. Commissioner Suarez: By the way, I just want to say for the record that it's come to my attention that there are other members of the public that are in agreement with some of the other sentiments that were expressed, and I just want to put for the record that they would have said essentially the same thing, so that they feel that their voice is heard, as well. Javier Ortiz: Good morning. My name is Javier Ortiz, 13791 Southwest 147th Circle Lane. Good morning, Mayor, Commissioner and City staff. In September of 2014, my partner and I were looking to bring a new family member to our home. We decided on a French bulldog who later we named Leyla (phonetic). I found out a local business that was listed on the website, Beverly Hills Puppies. When I went to the Miami storefront, which was not open to the general public -- you have to make an appointment -- that should have been my first red flag. We paid $2, 200 for Leyla (phonetic). Seven months later, her hair began falling off, and she got huge, bleeding blisters, which she then became -- she had demodex mange. My vet told me that this was a genetic illness, and that she was unfit for sale. I contacted Mr. Leon immediately to tell her -- to tell him about Leyla (phonetic). He emailed me that the vet said that the illness -- his vet said the illness was not covered under his warranty. This is direct conflict with the Lemon Law, which states that I can go to a vet of my choice, and he informed me that Leyla (phonetic) was unfit for sale. The Florida Lemon Law states the right to retain an animal and receive reimbursement for responsible veterinarian cost for necessary service and treatment in the attempt to cure the dog. For this -- for the research which has been done, it appears that the tendency for dogs with demodex manage [sic] is hereditary; because of this reason, dogs which have the demodex mange should not be bred. He says that in his warranty, he does not cover mange. The Lemon Law covers everything but fleas and ticks. Does this warrant subsede [sic] City of Miami Page 26 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 State law? My vet bills so far are $500, which reimbursed is unfair, considering I spent 2,200. Even though the State and Mr. Leon seem to believe that Leyla (phonetic) is nothing but a product to be negotiated, she is my baby, and we have spent over -- spent money to make her well. We spent money. I gave Mr. Leon the opportunity to make the right and since he did not, I am here to speak for Leyla (phonetic) and others who have -- who may be experiencing this frustration. Please pass the moratorium so that you can understand why this kind of business not only is cruel to animals, but great opportunity to commit consumer fraud. Okay? And, unfortunately, I wasn't one of the lucky ones that got a good puppy. I got a bad puppy. So I thank you guys. Chair Gort: Thank you, sir. Mr. Ortiz: Have a good day. Chair Gort: Thank you. Next. Don Anthony: Good morning, everyone. I'm Don Anthony, communications director for the Animal Rights Foundation of Florida, 1431 North Federal Highway, Fort Lauderdale. I've spoken here before about the need for a moratorium on pet shops in the City while studies and inspections can continue. That has not changed. I encourage you to vote unanimously, once again, to extend the moratorium, as you have on first reading. There are many cities now that have banned the sale of commercially bred dogs and cats in pet shops. These ordinances have been challenged and already three Federal Courts have ruled that they are legal and constitutional. People ofMiami who currently own pet shops should be thrilled that you're passing a moratorium on new licenses, because what it means is they're protected from any new competition. That's a sweet deal. Got a pet shop right now? For six months, no new competition. When you eventually get ready to consider an ordinance that so many other cities have passed and which has repeatedly been proven legal and constitutional, then pet shops within the City will remain in business, making a profit. They can sell food beds, toys, equipment. They can do grooming onsite; that's a full-time business. They can do veterinarian services onsite; that, too, is a full-time business, very profitable one. And they can sell adoptable animals from the Humane Society and Animal Control. You have a recently opened pet shop that voluntarily avoids selling commercially bred dogs and cats. Pet Smart, Pet Supermarket, Petco all do the same. That proves you don't need to sell commercially bred dogs and cats to get rich. National organizations state that 99 percent of stores get their animals from these mills; that is the source. That's how the system works. They get these animals from puppy mills. The only people against these ordinances are the ones who profit from the puppy mill industry, and that's exactly what we're all trying to avoid. Thank you very much. Chair Gort: Thank you, sir. Next. Ivan Ochoa: Good morning. Michele Lazarow: Good morning -- oh. Mr. Ochoa: Ivan Ochoa, 17 -- go ahead. Ms. Lazarow: No, no, no. It's okay. Mr. Ochoa: Okay. He said I could go next; I don't know why. Ivan Ochoa, 1756 North Bayshore Drive, Miami, Florida; 57-year resident from here. I came here when I was one year old. I support the association, not because I'm an industry person, but because I'm a consumer, and also because I support small business. I recently retired from American Express and have since retired as a senior vice president; started two businesses. Today, I employ 37 people in Miami, and I'm about to sign an agreement with a major carrier, which will bring that up to 150 City ofMiami Page 27 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 people. I bring that up because this is another side to this issue. It's a small business issue. It's about supporting small businesses. And even though, emotionally, we must all fight to stop puppy mills, and I think you have a hard time arguing that that's not the right thing, but how do you then carry that over into the small business? You regulate it, you inspect it. Some of you received videos, most of them all. The ugly 100, which has 101 puppy mills, have all been shut down by the USDA. In Florida, none of those existed; that's because the State took a position on regulating dog breeding; that is because the USDA, who also protects our food -- okay? -- is taking and revamped their whole program in the last few years. But on the small business side, who says that because puppy stores make money, I don't have a right as a consumer to have that customer experience, taking my daughter to play with a dog to select a pure breed? They say I shouldn't because it's too expensive. I want to pay. They say I shouldn't because it's sick. That happens; you should have warranties. And there's alternatives to better this industry. An alternative is not six more months of doing nothing; you don't need that. You don't need to wait for legislation. You need to do the right thing. You don't go after regulating liquor stores because people die. You don't go after regulating a lot of other stores. Let's not bring that. Let's make this a small business issue, and a consumer issue, and do the right thing. Thank you. Chair Gort: Thank you, sir. Next. Ms. Lazarow: Morning. Michele Lazarow, 2621 Northeast 10th Street. Good morning, everybody. Like the gentleman stated over there, puppies get sick in transport and they can -- many things can happen before they actually get to the store, and that's exactly what we're talking about. Buzz words, like "USDA," "breeders, " and "large-scale commercial breeders" are one and the same, and to contradict what the gentleman said, 101 worst puppy mills are alive, and flourishing, and doing great. I don't know where he's getting his information from, but PJAC is the D. C. (District of Columbia) lobbying arm in Washington. Pet Industry Joint Advisory Council represents the puppy mills, the brokers, the transporters, and others who profit from the industry, and I think we all know about lobbyists. As you've heard today, there's going to be great opposition to the ordinance, but I'm unsure why, because, like Mr. Anthony said, their businesses are not being impacted. They're going to have keys to the kingdom for the next six months, and who wouldn't want that? City of Miami is doing a great job regulating your own stores; please don't stop now. All this ordinance does is allow the City to continue to monitor. To reiterate what Mr. Ortiz stated, the Lemon Law fails. State legislators, Attorney Generals, State Attorneys have all agreed, they know the law fails to protect consumers, but it was simply the best they could do at the time. And why would State lawmakers believe they need to pass a Lemon Law for puppies if they didn't already know that the merchandise would be defective? These are not broken cars, these are not refrigerators. We believe that City and County laws will be changing significantly over the next year. As I was leaving here last week, decision from the United States District Court from the District of Florida upheld Sunrise's law to restrict sales in their stores. United States Southern District Court Judge Scola wrote: "Protecting the health and welfare of domestic animals is a legitimate governmental interest; indeed, courts around the country have also held. The Court finds that the City's ordinance rationally related to a legitimate governmental interest. The ordinance's goal is to reduce the supply of mass spread animals that are mistreated, and abandoned, and end up in shelters or rescues." Chair Gort: I need the conclusion. Ms. Lazarow: So when and if that day would come, we would ask -- when and if that day would come, we could understand the opposition, but that's not why we're here today. Thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. City of Miami Page 28 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Suarez: Thank you. Chair Gort: Anyone else? That's it. Mr. Hannon: Chair, I have no more speakers signed up for item SR.3. Chair Gort: We close the public hearing. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: You're recognized. Commissioner Suarez: 171 try to be brief and I'll say some of it in Spanish, because some of the speakers spoke Spanish, so I want them to understand what I'm saying. (COMMENTS IN SPANISH) -- first of all -- Chair Gort: Commissioner Suarez, may I ask you to say it in English first, and then go into Spanish? Commissioner Suarez: Perfect. Chair Gort: Thank you. Commissioner Suarez: First, I just want to be clear that this is a moratorium on new stores, so this does not affect current stores. (COMMENTS IN SPANISH). Secondly, I would say that, you know, this has already been effective, and I have to thank the Administration for taking this issue head on -- the Code Enforcement Department, our Assistant City Manager -- because since we started the moratorium, just in doing preliminary investigations, just in doing regular Code enforcements, which we would otherwise ordinarily do, we've reduced the number of stores by half by 50 percent. So just in the snicking period alone, it's been effective. As Commissioner Lazarow explained, we also are waiting on a Federal Court decision which talked about the implications of legislation, which has recently, I think in the last week or two, just been issued, and obviously, like I said in the previous statements, there are appellate rights, but that was one of the things that compelled me to shrink the amount of time, because what we're doing here is studying the issue -- (COMMENTS IN SPANISH) -- to do the right thing. (COMMENTS IN SPANISH). Principally, (COMMENTS IN SPANISH), for the dogs (COMMENTS IN SPANISH), for the people who buy the dogs, like that gentleman (COMMENTS IN SPANISH) Ortiz, who is our FOP (Fraternal Order of Police) president -- the guy who has the same name as our FOP president. You know, what we want to avoid a situation where -- I have a young son -- I always bring this up. Commissioner Carollo has a young daughter. You know, if you're going into a store, you become emotionally attached to the animal, your children become emotionally attached and you don't want a situation where you have a young child and you have to explain to them at a young age what it's like to lose a pet and confront death, et cetera, et cetera. So this is all being done in good faith. We're going to use this opportunity to meet, like we have been meeting. We've been very, very -- I think -- fair in meeting with both sides. (COMMENTS IN SPANISH). So we'll continue to do that. We will definitely look at the ordinance, as I've said, you know, privately and discuss that openly to see, you know, what is the best solution, but we certainly need at least another six months to study this issue, and then -- and decide what we're going to do, you know, to solve this matter in the City of Miami. Thank you. Chair Gort: The most important, it does not affect the existing businesses -- Commissioner Suarez: That's correct. City of Miami Page 29 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: -- operating right now so -- Commissioner Suarez: That's correct. Chair Gort: -- it's being (UNINTELLIGIBLE). Commissioner Suarez: That's to the gentleman's point. Chair Gort: You explained that, yeah. Okay, any further discussion? Being none, it's an ordinance. Mr. Hannon: Madam City Attorney? Victoria Mendez (City Attorney): It's an ordinance? Mr. Hannon: Yes, ma'am. Commissioner Suarez: As amended Ms. Mendez: An ordinance -- I'm sorry? Commissioner Suarez: As amended Ms. Mendez: As amended The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Chair Gort: Thank you. Commissioner Suarez: Thank you. SR.4 ORDINANCE 15-00700 Second Reading District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER CommissionerKeon 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), Hardemon ENTITLED "ADMINISTRATION", ARTICLE XI ENTITLED "BOARDS, COMMITTEES, COMMISSIONS", BY ESTABLISHING A NEW DIVISION 23 ENTITLED "SENIOR CITIZENS' ADVISORY COMMITTEE", SETTING FORTH THE ESTABLISHMENT, PURPOSE, POWERS AND DUTIES, ITS MEMBERSHIP, QUALIFICATIONS, ORGANIZATION, AND MEETINGS, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE COMMITTEE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00700 Legislation SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 30 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 13534 Chair Gort: SR.4. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: SR.4 is some legislation that 1 sponsored, and basically, it's the Senior Advisoty Board. We talked about this last time we were here, so this is our second reading, so I don't think much of it is a surprise; however, I would like to make a friendly amendment to it. When you consider the rest of the boards that exist under Section 2-1143, there are two things that are missing from this that I think should be included, and one is, "F, " assignment of staff. It shall be the duty of the City Manager to provide administrative support to the council, which shall include the services of an individual to keep minutes of the meetings, maintain council correspondence, post meeting notices, file reports and perform all the necessary support functions. And then also, legal counsel. The City Attorney shall serve as legal counsel to the council, itself. And so I think that those two amendments would be proper for a board such as the Senior Citizens Advisory Board. I think that it would be important to the City of Miami, and I would hope you'll support me in that, and with those changes, I would move, as amended. Chair Gort: It's moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second for discussion. Chair Gort: Second by Commissioner Carollo. Discussion. Commissioner Carollo: Yes. The only thing, Commissioner Hardemon, I would just like to know from our Administration what would be the fiscal impact of that. Daniel 1. Alfonso (City Manager): Commissioners, at this point, we don't know. If -- I imagine there are some boards that have like a part-time person assigned to them, like the Overtown Advisoty Board. I'm not sure how much support are we looking for. Victoria Mendez (City Attorney): I will tell you on some fronts, because, for instance, boards with regard to like our office, for instance, when there is a really important need for our office to be there, we're there, present for every meeting, when needed. Like PZAB (Planning, Zoning & Appeals Board) always has a board -- an attorney present; Code Enforcement always has attorney -- an attorney present. Overtown Advisory Board, if they have a really important need, we're present, but if it's just a regular meeting, we may be on call. So that's probably what will happen here, so from our office, there really would not be a fiscal impact to our office, because it's not like if it requires any additional costs because we're -- you know, we're on call for you, 24 hours. So that's normally the way it happens. With regard to staff from the Manager's office, it's the same idea. Sometime -- some boards always require someone to be there, so there might be, you know, comp days or overtime, but usually, with regard to these boards, they meet every few months, so it should not be a huge burden; at least for my office, it does not affect us cost -wise. Chair Gort: Mr. Mayor. Mayor Tomas Regalado: Thank you. I just want to suggest several things. First of all, the venue. They can meet here in the second floor. We have two places that they could meet, so if they want to meet outside of City Hall. Second I think that the City Clerk should keep the minutes of whatever meeting the board has just for the record, and I guess Administration can provide support, but I -- since we in our office don't have any issues of sunshine law between the Commissioners, we maybe can provide support in case the Commission wants to participate in City of Miami Page 31 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 that board; coordinate and send invites to the board members, and timely -- on times, and dates, and all that. I just think that this is an important thing, and I just think that the members and the community should know that this board will really recommend to the City Commission things that are important. It is a very important board. Ms. Mendez: I actually apologize to Commissioner Hardemon with regard to this. Sometimes, we take for granted the fact that we provide legal services to all the boards, pretty much, and so we did not put that in, so I apologize that I did not capture that about our office providing legal services. With regard to the Manager's staff, it normally comes out of like hearing boards, and they at least coordinate that the chambers are available; that there is, you know, certain -- if there's any notices to be sent out that they do that. So I apologize for not putting that in. Sometimes, we take those things for granted, and I apologize. Vice Chair Hardemon: Mr. Chairman, if I will. I'm not looking to have necessarily part-time or full-time staff assigned to this, but I want the seniors to have the resources available to them if they need it, so what was explained earlier as far as what the City Attorney's staff, if needed I would like that to be available to the seniors, if needed especially for the note -taking. So I think the Mayor's recommendation as far as having the City Clerk's Office, and he's putting his finger up, so I'll yield my time to him at this point. Todd B. Hannon (City Clerk): Commissioners, it's common practice -- for example, Commercial Solid Waste Advisory Committee -- from someone from that department, so there's usually a nexus, you know, between the department and the board. Now, I'm not exactly sure which department the Senior Citizens Board would associate with, but normally, there is a department that will assign a staff member because there's a connection, you know. They need to know what's going on with that board, so they will be responsible for providing us with the meeting dates. They'll take summary minutes. We are the repository for those minutes. We don't take the minutes for every board in the City of Miami. So that individual, the liaison, the board liaison will take the summary minutes, we'll do the public meeting notices and assist with financial disclosure and stuff like that, so they act as the liaison to the board. Chair Gort: CDBG (Community Development Block Grant) Department. Mr. Alfonso: We'll figure out where we'll put a liaison for the board, sir. Vice Chair Hardemon: And I'm sure that the seniors will meet when it's necessary. I don't think that they're going to be one of those boards that are going to be meeting all the time. They'll meet when necessary, but to give us the recommendations that we think are essential, so -- Mr. Alfonso: We'll give it to one of those people that have the "ODA's " on back of their title; like "other duties as assigned " Vice Chair Hardemon: That works. Thank you so very much. Chair Gort: Thank you. Yes, ma'am, you're recognized. Renita Holmes: Thank you, Mr. Chair. I want to thank you for that, and again, I want to reiterate the importance of having advisory boards that are culturally competent and proportionate to the needs. We spoke about who would be a better liaison. We know 90 percent of us that's seniors are also persons living with disability, whether it's visible or not, and I would ask, what would be the input and the consideration of the experience as well as the training and education of the ADA (Americans with Disabilities Act) coordinator or the EEOC (Equal Employment Opportunity Commission) person, and how impactful would that be? I'm concerned about the way that we provide information, some of us that's seniors, who are also self-employed and I'm wondering if there would be a conflict of interest on work intellect and data, and I would City of Miami Page 32 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 like to speak to City Attorney Victoria Mendez about that. Also, consistency is an issue for us, just as sure as bladder issues are an issue for some of us as seniors. You know, we don't want to be out of our way, so I'm wondering if we can establish right now that in the interest of having a local impact and efficiency and end reach, if we can design a calendar that puts seniors in different areas, perhaps provide transportation for them to these areas, and maybe another recommendation through the Chair that we have a secondary, because seniors have issues of health. I'm glad to be here today. I'm glad to be a senior, although I don't get my coffee at McDonald's, but there are certain things and benefits that we can assure, and certain tools and areas of support that we can provide and ensure that this advisory board is not just advising some not -for -profit to come in here and says, "Oh, look, we got some great ideas, give us some money to help seniors do things, " when we can just make sure that seniors are doing things for ourselves. Thank you so kindly. Chair Gort: Thank you, ma'am. Anyone else? Seeing none, hearing none, close the public hearings. Any further discussion? Ms. Mendez: I also wanted to remind the Commission that in Section 2.1333(b), we also added between first and second, based on the floor amendment, that those that work in the City will also be allowed to be appointed to a board. You don't need to reside, own property, and own a business only; you can also work in the City. I just wanted to make sure that it was clarified that that was included, as well. Chair Gort: Thank you. Call the question. Ms. Mendez: An ordinance. Chair Gort: It's an ordinance, yes. Read it with the amendment. Ms. Mendez: An ordinance of -- Chair Gort: As amended. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 15-00724 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTION 18-86, ENTITLED "COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS," TO MODIFY THE COMPETITIVE NEGOTIATIONS METHOD SECTION, PARTICULARLY THE REPORTING OF SUCH CONTRACTS AWARDED BY THE CITY MANAGER TO THE CITY COMMISSION ON AN City of Miami Page 33 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 ANNUAL BASIS, AND THE COMPETITIVE SEALED PROPOSAL METHOD SECTION TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO NEGOTIATE A CONTRACT(S) PRIOR TO THE CITY MANAGER PRESENTING AN AWARD RECOMMENDATION TO THE CITY COMMISSION AND PROVIDING FOR A NEGOTIATED SIGNED CONTRACT(S) TO BE PRESENTED TO THE CITY COMMISSION FOR APPROVAL TO AWARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00724 Summary Form SR.pdf 15-00724 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Chair Gort: FR.1. Annie Perez: Good morning. Annie Perez, director of Procurement. FR.1 is an ordinance amending Section 1886 of the Code entitled "Competitive Negotiations, Competitive Sealed Proposals, " to modify the reporting of competitive negotiations, and to also authorize the City Manager or designee to negotiate a contract prior to bringing the award recommendation to Commission and bringing a negotiated signed contract to Commission for award. Chair Gort: Thank you. It's a public hearing. Does anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, we close the public hearing. Commissioner Suarez: Move it. Chair Gort: Moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. Vice Chair Hardemon. Vice Chair Hardemon: For. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes. Peter Ehrlich: Is there a public hearing or not? Vice Chair Hardemon: We announced it. Chair Gort: Yes, sir. We announced it. Vice Chair Hardemon: Announced it. Chair Gort: Nobody spoke. You guys -- City of Miami Page 34 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Mr. Hannon: You guys didn't sign up for FR.1. You have "FR.2" down on your speaker sheet. Chair Gort: Let them know which issue we're on. Commissioner Suarez: We're on a different item, I think, than what you think we are. We're on FR.1. Unidentified Speaker: Okay. I'll -- Victoria Mendez (City Attorney): We are on the Procurement Ordinance. Chair Gort: Could you continue? Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: Thankyou. Vice Chair Hardemon: You know, children get arrested in schools for stuff like that. Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: Interrupting a lawful assembly, that's what it's called. Commissioner Suarez: What's the "mia culpa" fine for that? Chair Gort: Continue. Commissioner Suarez: It's got to be like a $5 fine to like a charitable fund or something. Chair Gort: Go ahead. Ms. Mendez: I think that falls under the little "outburst" category in the part that I -- I'm kidding. Chair Gort: Sergeant -at -arms. Commissioner Suarez: Yeah, come on, we -- come on, guys. This is a psych. Chair Gort: Go ahead. Commissioner Suarez: We could have a little fun at your expense. You guys have a lot of fun at ours, you know. Mr. Hannon: Continuing the roll call on item FR.1. Commissioner Suarez. Commissioner Suarez: Yes. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thankyou. City of Miami Page 35 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 FR.2 15-00728 Department of Real Estate and Asset Management ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY", MORE PARTICULARLY TO CLARIFY THE SCHEDULE FOR PAYMENT OF FEES, THE ENTITIES RESPONSIBLE FOR PAYMENT, AND PENALTIES FOR NONCOMPLIANCE WITH THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00728 Summary Form SR.pdf 15-00728 Legislation SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, 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.2. Daniel Rotenberg: FR.2. Good morning, Commissioners. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. The ordinance is first reading of Miami City Commission amending Chapter 2, Article 9, Section 2-779 of the City Code. It's administration of City -owned property, outdoor advertising signs on City -owned property. Specifically, it's clarifying language of the fees, entities that are on the agreements and the penalties for noncompliance with the ordinances. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Discussion. Chair Gort: Second by Commissioner Carollo for discussion. We'll hear from the public first. Yes, ma'am, you're recognized. Renita Holmes: Thank you again, Mr. Chair, and I appreciate your actually listening to me, because if many of our persons, seniors, women, disabled, poor persons were here and understood what aerial rights were, when it comes to these signs -- I'm from Overtown. Every time I open my window, I got a sign. If I don't have a sign, I got a building. And when I look at the environmental impact of how we just throw signs out and zone these things, I'm wondering, the people that are making decisions, do you have those signs and those impediments in your view, your natural view? It's bad enough that I can't open a window because I got a highway going through that's about to be expanded, and I don't even know what they've determined what the fumes are that's coming in. I'd like -- everybody's got great ideas about communities, and environments and places where they hardly ever have dinner with a person, but you're advertising to me. City -owned property is public -owned property, but if you're going to keep putting up signs and people are going to get revenues, then I want to know how much of that revenue from those signs are actually coming back to this community. We've dealt with this legally at one point, but when you start talking about my rights to aerial view, my rights to clean air, and my rights to have my income tax, and my rights to my public land and the benefits thereof I think our CRAs (Community Redevelopment Agencies) and this Commission needs to ask the folks with the signs. What do the people who are right up underneath the sign feel? What are the benefits? Thank you so much, Mr. Chair. City of Miami Page 36 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Thank you, ma'am. Next. Peter Ehrlich: Good morning. Peter Ehrlich. Sorry, I got the items mixed up. I am here on FR.2. Chair Gort: Bring the mike up. Mr. Ehrlich: Thank you very much, Mr. Chair. Regarding the legislation on FR.2, we have the standard objections to outdoor advertising on City -owned property, particularly if it's LED (Light -Emitting Diode) billboards. We will convey those objections constantly as they're proposed. But specifically, on this legislation, if you go to page 3 of 5 on the permit fees, we don't understand why the City would take a 50 percent reduction in the fees, in the revenue you're receiving from these outdoor advertising companies; 50 percent reduction. I think the City could use the revenue better than the out-of-town or out-of-state outdoor advertising companies, so we hope you -- if the item is going to pass -- that you amend it and keep the fees the same so the City maintains the same revenue for this outdoor advertising. Thank you very much. Chair Gort: Thank you, sir. Next. Nathan Kurland Nathan Kurland, 3132 Day Avenue. Good morning, Commissioners, ladies and gentlemen in the audience. A man wakes up from a serious accident and says, "Doctor, doctor, I can't feel my legs. " And the doctor says, `I know, I had to amputate your arms." Effective humor often involves misdirection. FR.2 contains so many miss -directions and contradictions that outright laughter, not an "aye" vote, should be your only response. This ordinance reduces permit fees by 50 percent. This is something I can't imagine any one of you actually believe that you should be doing; giving money back. Can you imagine a sign company coming here before you and saying, "Look, we'd rather pay more for the signs"? This ordinance reduces liability insurance requirements. I don't understand why you would allow that to happen. This ordinance references the County's Sign Code regarding size requirements, and yet, this City constantly opines that it has opted out of the County Sign Code. Gentlemen, I hope that your only vote for this rather absurd and rather misdirected ordinance is a "no" vote. Thank you. Chair Gort: Thank you. Next. Richard Veber: Morning. I'm Richard Veber. I live in Spring Garden at 723 Northwest 9th Avenue. I'm just concerned about getting less of an income for the signage when there are projects that need to be done, like dredging of the Seybold Canal. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Iris Escarra: Good morning, everyone. Iris Escarra and Lucia Dougherty with offices at 333 Southeast 2nd Avenue. One of the things that was very successful about this program was the actual public/private connection and being able to provide for funding for the museum. One of the concerns that we've had that has come up in practice, after realizing what the program is, is that the fees assessed for the mural permits are a dollar a square foot times 12 months times the whole year. That's the fee that's assessed on the regular mural program. Here, on the Children's Museum, because it was a digital sign, initially, it was $14; however, in practice, what happens is, is that a portion of the signage that's up goes back to the museum. It's public service messaging. And then the profit -- the -- I apologize. The cost of the sign, as well as the permitting, as well as the double of the fee; meaning the fee, at $7, pretty much represents the seven images that you can see within the certain time, as opposed to the 14. So the request to reduce the fee is appropriate. In addition, part of the agreement with the Children's Museum was City of Miami Page 37 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 that we would be giving 20 percent of gross revenues back to the City, which is also in place. So once the program has actually been functioning and going for the year, we have seen that some of these fees and some of the issues needed to come back and be corrected. Chair Gort: Thank you, ma'am. Ms. Escarra: Thank you. Chair Gort: Anyone else? Close the public hearings. Comments, questions? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to address the question to the Manager, and I don't even know if it's a question or a statement, but when we spoke in our briefing, you said that in your opinion, this would most likely be a wash, with regard to the fiscal impact, and it doesn't show a fiscal impact in our notes, so I want to verify that, because that's why -- that's what was represented to me in the briefing, and I want -- clarify that. Daniel J. Alfonso (City Manager): Commissioner -- Commissioner Carollo: And it's only first reading, so I'm sure between first and second reading, we could definitely -- Mr. Alfonso: We can come up with a calculation, Commissioner. The fee is a two-part fee; it's the permit and it's the rent. Commissioner Carollo: Mm-hmm. Mr. Alfonso: The structure is being changed, and as I explained, the issue with the fee is, how do you justify a fee? And so we have to be consistent across the board in how we levy that fee, so we felt it was necessary to correct something for one board that had been treated different than others. Chair Gort: Any further discussion? An ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.2. Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. City of Miami Page 38 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 FR.3 15-00761 Department of Planning and Zoning Mr. Hannon: The ordinance passes on first reading, 4-0. Commissioner Suarez: Mr. Chair, if I may have a point of privilege? Chair Gort: Yes. Commissioner Suarez: I think what the Commissioner was saying was that on the board, the City board, there's an inverse relationship between the lease payments that we get and the board payments that we get. So to the extent that the board payments may be reduced, the lease payments are increased, and that's why there's a net zero to the City in terms of revenue on that board. Mr. Alfonso: That is correct, Commissioner, and I just wanted to clarify that for the other two boards. Commissioner Suarez: Right. I just wanted to clarify that for purposes -- I think that's where he was headed; I'm not sure. I don't want to put words in his mouth, but I just wanted to be clear with that. Thanks. Chair Gort: Thank you. Roll call. Commissioner Carollo: It's been done. Commissioner Sarnoff We did it. Chair Gort: It's been done? Commissioner Sarnoff We did it, we did it. Chair Gort: Okay. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00761 Summary Form SR.pdf 15-00761 Legislation SR.pdf Motion by Commissioner Carollo, seconded by Chair Gort, 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: FR.2. City of Miami Page 39 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Carollo: FR.3. Chair Gort: FR.3, all right. I'm going to have to be punished like the other guys. Yes, ma'am. Irene Hegedus: Good morning. Irene Hegedus, Zoning administrator. FR.3 is a proposed amendment to the Miami City Ordinance, specifically Chapter 2, Section 2-212, for the nonconforming use pilot program. This amendment has three components to it. The first one is extending the pilot program period of time, which is sunsetting on August 1, 2015, and it's extending it through August 1, 2016. The second component is really modifying -- not modifying, but clarifying some of the languages; pretty much stating that when a certificate of use for a nonconforming use is revoked by the Zoning administrator for due cause, that that nonconforming use cannot be reinstated. And the third one is adding language, to which says that if a certificate of use has lapsed or discontinued for a period of 18 months or less -- more than 18 months but less than five years -- that that nonconforming use could be reinstated should they go through City Commission through a process of exception. It's important to note that we are working currently with the City Attorney's Office to add some additional language to account for some of the governmental institutions that have -- not have a certificate of use, but that can demonstrate they were legally built, they obtained a certificate of occupancy, and they have been in continuous operation. So this is going to come between the first and the second reading. Chair Gort: Thank you. Let me ask you a question, because I had a meeting with the Code Enforcement, the City Attorneys and the Police. And the problem that we have with a lot of the CU (certificate of use) that have been issues, and the people that have those CUs are not using that according to the way they should be using. For example, a small cafeteria with five seats, or one table with five seats, all of a sudden, they selling beer, wine until 5 in the morning, and so on, and they -- my understanding is we've tried to close some of those places, because they're not complying with the CU. And my understanding what the proposal was when we -- someone goes to apply for a CU, it should be explained to you what the uses of the CU is -- Ms. Hegedus: That's correct. Chair Gort: -- and what is the penalty if they're not going according to the CU. So I think you all working on that? Ms. Hegedus: Yes. Chair Gort: Because I'd like to see that as soon as possible, because we had a lot of problem with that throughout the whole City of Miami. Ms. Hegedus: Well, there is -- here, we have two issues; one of them, obviously, is whether that cafeteria is a nonconforming use. This amendment is for nonconforming uses. If the cafeteria is Chair Gort: No, no, I understand this one. Ms. Hegedus: Okay. Chair Gort: I just want to make sure, because I had the meeting two weeks ago, and I want to make sure we continue to work on it and we get it done, because that's a major problem that we have. So I just -- refreshing your mind, that's all. Ms. Hegedus: Okay. Chair Gort: This is definition, I understand. I just want to make -- let's wrap it up on that. City of Miami Page 40 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Ms. Hegedus: We're working on that. Chair Gort: Okay. Ms. Hegedus: In fact, they do have -- when this is brought, that they're working outside the parameters of the certificate of use, we are revoking the certificate of use, and they have 15 days for appeal. Now, they have to go in front of the PZAB (Planning, Zoning & Appeals Board) and Chair Gort: But my understanding is this can be taken care of from the beginning if the documents that the people, when they go apply for CU, really understand what the CUs, it allows them to do, and they -- if they go beyond that, they can lose it. Okay? Victoria Mendez (City Attorney): In the renewal process; you mean the yearly renewal process, as well. Chair Gort: Yeah. Ms. Mendez: That we're just advising -- maybe we can -- which we used to do, also, in the task forces is just re -send them the information with regard to their CU, what they're allowed to do, the uses that they have. And then the other thing that we were -- we spoke with the Commissioner that we're just going to be -- the same way we're being proactive with certain uses in the City that have gone amuck, we're being as -- and through your Administration actually. It's been a pleasure to work with Zoning to be able to determine those uses that are not acting the way they should and we're ceasing to -- ceasing those uses, so -- Chair Gort: And there's a penalty to it; that they can lose the use. Okay. Ms. Hegedus: That's correct. Chair Gort: Thank you. Sorry. Yes. Yes, ma'am, you're recognized. Renita Holmes: Madam Renita Holmes for the public and executive director of the Women's Association and Alliance Addressing Injustice and Violence; Women in Public Housing. My question -- okay, I just -- a lot of people say that I speak too loud but I'm speaking for a hundred you don't see, including those persons with disability or those seniors that work from home. I'm speaking for myself. As is required today, I have a desk right here. I speak from experience, you know, and I have to pay and I have to apply for a certificate of use as a person with disability and a senior to work from my house to supplement my income. The State of Florida doesn't require me that when I'm getting a license, but the City of Miami makes me go up and down, and up and down, Mr. City Manager, and tells me that I have to pay so much per square foot for a desk in my house. So I would like to ask, how does this affect those persons on fixed income, or those small business owners or self-employed, when it comes to the rules of application? And is it a possibility or it's my recommendation that we waive this fee for those of us, because it has a economic impact for us, and it seems so unfair that persons of poverty, or persons with disability, or persons on limited income can turn around and pay for the use of their own home, be taxed about it, but that yet, the benefits are given to other folks. Is there any way that we can fix this, or maybe clarify it, or perhaps train the persons in licensing in CU that there's supposed to be something that we paid other organizations to affix for us? Or perhaps even have NANA (Neighbors and Neighbors Association) give us some feedback on this. Thank you. Chair Gort: Thank you, ma'am. Anyone else? Anyone else in the public would like to address this issue? Gianeli Mestre: Good morning, Chairman and Commissioners. My name is Gianeli Mestre, City of Miami Page 41 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 with Bercow, Radell and Fernandez; offices at 200 South Biscayne Boulevard. While we greatly appreciate the proposed legislation is a good start to alleviating the heavy burden placed on property owners which has become so prevalent in the City, the legislation proposed simply does not go far enough in remedying the nullification of vested rights codified by Miami 21. Fortunately, Miami has become an international city, attracting investors from all over the world. There are many investors that invest in the City every day and who conduct their proper due diligence. Unfortunately, this CU issue does not come to light as part of a basic due diligence search. Therefore, it is only once people try to obtain new permits to improve their properties that the City informs them they can't obtain a permit for, say, new windows or any other permit, because there are no valid CU records for their property. Property owners who can't locate their CUs then run into insurmountable obstacles as a result. The only remedies many property owners then have is to either do nothing with their property, make no further investments and leave their property vacant, which oftentime [sic] leads to squatters. They can rezone their property, which leads to very costly efforts, and which takes about six months, or engage in legal action against the City. In the weeks and months ahead, we intend to be visiting and working with you and your offices in an effort to draw up legislation that may solve these issues and alleviate the excessive obstacles placed on property owners in the City. Other municipalities have already enacted legislation to protect property owners and provide relief for such burdens, as well as protecting the City's interest. For instance, the Coral Gables Code provision protects property owners' rights, as well as furthering the City's interest by allowing their Commission to make case -by -case determinations for vested rights. Their provision protects property owners and the City, and gives the City the ability to rectify these issues on a case -by -case basis, without litigation. We believe that by working together, the City can enact legislation to better protect property owners' rights and investments, as well as the City's interest to have properties utilized at the best and highest use so that the City can continue to be a worldwide metropolis -- Chair Gort: In conclusion. Ms. Mestre: In conclusion, I thank you for your time, and look forward to working with you in the coming months with stakeholders in the real estate industry, and we look forward to seeing the revised proposal. Chair Gort: Thank you. Ms. Mestre: Thank you. Chair Gort: This is first reading, so a lot of things can be done in the second reading. Any further -- anyone else from the public? Seeing none, hearing none, close the public hearing. Is there a motion or --? Commissioner Carollo: 171 move it. Chair Gort: There's a motion. Is there a second? Commissioner Sarnoff.. You're going to need a second. You could second, Mr. Chair. Chair Gort: Second. Okay, I just want to make sure I do the correct thing, okay? Ms. Mendez: An ordinance -- Commissioner Carollo: Hold on. Could we have a discussion since we can -- Chair Gort: Yeah. City of Miami Page 42 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Carollo: I want to know Commissioner Sarnoffs issues that he has with this ordinance. Commissioner Sarnoff.. Candidly, I don't think 1 voted for it the first time it came up, and at some point, you got to be in compliance. And inevitably, Miami 21 is in -- is something that we have been -- had on the books for over five years, and I just feel like it's time for us to progress as a city, and everybody's on due notice of what is a certificate of use. I'm vety mindful of the fact, Commissioner Carollo, that it was the Zoning administrator's determination that allowed a use that didn't exist for over 18 months to be considered a use that was not extinguished, and that had to do with Home Depot, so it's always been a vety sensitive issue to me that somebody can allow something to extinguish for 18 months or longer, and that use doesn't go away, despite the fact the present Code doesn't allow for it. Commissioner Carollo: Can you set up an appointment with my office between first and second so we could discuss this ordinance further? As for now, I'll move it along. Ms. Hegedus: Okay. Chair Gort: Okay, it's been moved and second. And let me tell you, to me -- and I can understand your position, Commissioner Sarnoff, but my position is in my neighborhood, it's a different problem. Commissioner Sarnofff. Agreed. Chair Gort: It's a lot of people that come from other places, they rent the space and they're not aware of the CU and what existed, and all of a sudden, they want to establish the same business that was there before, and they can't. Let me give you one example. We had a gentleman -- a couple, they had a car sales on 36th Street. They had it for 11 years. They had a license, a CU from Miami -Dade County. They were never approached by anyone from the City of Miami. Someone told them, `Listen, you need a CU from the City of Miami, also." So then they realized -- not by anyone -- any official from the City of Miami -- by another individual -- they came to the City of Miami in order to continue the business. They'd been doing it for 11 years, and all of a sudden, they can't do it. So we have a lot of those problems within the City of Miami, within my neighborhoods in my district, and that's one of the reason I really approve of this and move for it; and the other reason is, my understanding is, they have to be coming in front of the Commissioners. Ms. Hegedus: That's correct. They have to comply with several things. You have section of Miami 21, 726, which pretty much gives you 20 years for a nonconforming use from the time it became nonconforming. So if you have a establishment that was created in 1990, when 11000 came into effect, and it has -- and it's been 15 years in operation without a certificate of use, they have to come for an exception process; same thing would be with anybody between 18. That is already in the Code, so this will be from 18 to five years. We have also some other properties that have gone bankrupt, they are being purchased, the new owner wants to refurbish the facilities, and making it, thinking that they, for example, can have six units, when, in fact, it's only two. They spend all the money on the properties, and they find out that the use is not permitted. So -- Chair Gort: Now -- Commissioner Sarnoff.. Actually -- Chair Gort: -- if you recall, at one time, I tried to pass an ordinance where anyone that were going to purchase a home, or any property within the City of Miami, should go through the NET (Neighborhood Enhancement Team) Office to make sure, because there's something on the -- that City of Miami Page 43 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 does not show when you do the due diligent [sic]. It doesn't show on the documents, and all of a sudden, they buy the property, and all of a sudden, they find themself [sic] -- but the realtors were against it. I don't know if you recall that. Commissioner Sarnoff.. I do, I do. Chair Gort: It was a few years back. Commissioner Sarnoff.. And Mr. Chair, just so we're clear, I -- first off, I have the utmost respect for you, and I understand the distinction and the difference between every one of our districts, but I do believe there needs to be a pull on this Commission to create conformity and get to the Code, and all I'm acting is as that small magnet to try to pull us along. I understand that there is a greater magnet to my Commissioners to my right to create a conformity for long-term uses. I have seen the results of this City finding ways to extend uses that have not existed for a very long time. I question -- I sort of question the ethics, I sort of question the legality, and I equally question the policy behind that. I still think 1 need to be that magnet pulling the City towards a different tact, and it's just a recorded "no," and maybe if this comes up in five years, the next Commissioner will look back and say, "Well" -- maybe it picks up a second "no," and maybe in five years, it picks up a third "no." Chair Gort: Maybe. Okay. Any further -- Ms. Mendez: I wanted to clarify for the record, though, that we have clarified in Miami 21, Section 7.2.6, the timeframe of legal nonconforming uses is 20 years from when it started. So this provision does not trump those. So if it's been lapsed for a long time -- we just passed that ordinance about two meetings ago or two weeks ago, and it's clear through this pilot program that it has to comply with that provision, so I wanted to note that for the record. Chair Gort: Thankyou, ma'am. Roll call. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I just want to say I'll buy any of my Commissioners lunch, under a hundred dollars, if they can tell me the difference between a nonconforming use and adaptive reuse. Anyhow, I think -- we talked about it in our briefing. Look, I understand what the Chairman is talking about, because as a real estate attorney, there are many times when you do do closings, and all these things pop up after the fact, and they create all kinds of title issues, so, you know, I'm going to follow the Administration's lead for the time being and then -- right now, you only need two, by the way. If there's anybody went with you, you'd be coming out of this one looking good, but I think I'm going to -- rather than create a mess, I think I'm going to go with the Administration on this one. Thank you. Chair Gort: Thankyou. Any further discussion? Roll call. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: It will be amended between first and second reading to talk about government institutions. Thank you. Todd B. Hannon (City Clerk): Roll call on item FR.3. Commissioner Suarez? Commissioner Suarez: Yes. City of Miami Page 44 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 FR.4 15-00815 Department of Planning and Zoning Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. I'd just like to add, also, I think Miami 21 is something that you all worked for a long time, and it was very good butt think Miami 21 has done its work, but I've seen it would have to be amended many times, because it cannot apply to all the neighborhoods. It becomes very difficult in some of the neighborhoods. Yes, ma'am, FR.4. Mr. Hannon: And for the record, the ordinance passes on first reading, 3-1. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I/ OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," MORE PARTICULARLY BY AMENDING SECTION 23-6 TO REFINE THE LANGUAGE THAT ALLOWS THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT WAIVERS TO CERTAIN ZONING PROVISIONS IN AN EFFORT TO FURTHER THE PRESERVATION OF THE CITY OF MIAMI'S HISTORIC RESOURCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00815 Summary Form SR.pdf 15-00815 Legislation SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: FR.4. Luciana Gonzalez (Assistant Director): Good morning. Luciana Gonzalez, Planning & Zoning Department. FR.4 is an ordinance on first reading to amend Chapter 23, the Historic Preservation Chapter of the City Code, to refine the language for waivers that may be granted by the Historic & Environmental Preservation Board so that the Board has additional flexibility with certain zoning provisions, in an effort to further the preservation of our historic resources. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: Been made by Commissioner Suarez; second by Commissioner Carollo. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, we close the public hearings. Yes, sir. Commissioner Suarez: Just very briefly, this one in Subsection "C" talks about adaptive reuse, so if anyone really wants to reconcile the nonconforming uses with adaptive reuses, you can -- you have very good reading there between our two. You get "CLE" (Continuing Legal City of Miami Page 45 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 RE.1 14-01276 Education) credits for that, too. Commissioner Sarnoff. (UNINTELLIGIBLE) the light (UNINTELLIGIBLE), but we'll save it. Commissioner Suarez: You could get CLE credits for that. We got some CLE credits for our ethics seminar the other day, so that's a good thing. Chair Gort: Let me tell you what my problem is. When you drive through our neighborhoods -- and I know we want to eliminate the cars, but when you drive through -- at least through my district -- at one time, maybe 30 years ago, there used to be one auto -- car or two cars per household Today, unfortunate, it's four and five cars. I see one here with the -- they're willing to waive a hundred percent of parking in some of these. I have a problem with that. Waiving a hundred percent of the parking, I have a problem with that. Ms. Gonzalez: There is additional language that we're adding that talks about that. The waiver is the minimum necessary to assure the continued preservation of the historic resource. I don't think that we would look at that and waive entirely a hundred percent of the parking, unless it's within an area where parking is not required, like in T6-60 or 80; that's where parking is not required, but that's something that we look at and analyze by -- for our analysis, and then it goes to the Historic & Environmental Preservation Board for consideration. Chair Gort: I have a problem with that. Any further discussion? Any further discussion? No. An ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.4. Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: First reading, but I want to sit down with staff before we go to the second hearing. Thank you. Mr. Hannon: The ordinance passes on first reading, 4-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE PURCHASE OF AN ASSET AND Management PROPERTY MANAGEMENT SOFTWARE FROM YARD! SYSTEMS, INC., FOR THE CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET City of Miami Page 46 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 RE.2 15-00844 MANAGEMENT, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDAASAMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING GENERAL SERVICES ADMINISTRATION ("GSA") CONTRACT NO. GS-35F-0731 P, SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY GSA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-01276 Summary Form.pdf 14-01276 Back -Up - GSA Contract.pdf 14-01276 Corporate Detail.pdf 14-01276 Legislation.pdf 14-01276 Exhibit-Agreement.pdf Motion by Vice Chair Hardemon, seconded by Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0287 Chair Gort: RE.1. Daniel Rotenberg (Director): Morning, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. RE.1 is a resolution authorizing the purchase of property management software called Yardi Systems for the City of Miami Department of Real Estate & Asset Management. It's pursuant to Section 18-111 of the Code. We're using the State GSA (General Services Administration) contract that already exists to go ahead and purchase the software. Chair Gort: Thank you, sir. Is there a motion? Discussion? Vice Chair Hardemon: So move. Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Second. Further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH CommissionerKeon ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Hardemon AMENDMENT NO. 2 TO THE REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CENTER FOR HAITIAN STUDIES, INC. ("LICENSEE"), A NONPROFIT CORPORATION, TO INCREASE THE SQUARE FOOTAGE THAT THE LICENSEE IS AUTHORIZED TO UTILIZE, NON -EXCLUSIVELY, FROM 7,986 SQUARE FEET TO 20,630 SQUARE FEET, OF A CITY OF MIAMI OWNED PARKING LOT LOCATED AT 185 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "Al," ATTACHED AND INCORPORATED; WITH NO CHANGE TO THE $1.00 MONTHLY USE FEE. City of Miami Page 47 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 15-00844 Back -Up Documents.pdf 15-00844 Legislation.pdf 15-00844 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo RE.3 15-00725 Department of Parks and Recreation R-15-0288 Chair Gort: RE.2, sponsored by Vice Chairman Hardemon. Vice Chair Hardemon: Thank you very much, Mr. Chairman. This is a simple resolution. This resolution involves a not -for -profit, Center for Haitian Studies. It's a major health -providing not -for -profit within the district that I -- and it has some parking that's just behind it. There's a facility behind it that's been used and owned by the City, and what we're doing is asking for a lease so that he can use that parking for his Haitian Studies Center in the district, so I would move it for acceptance. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FOR THE PURPOSE OF CONTINUING THE NATIONALLY ACCLAIMED PROJECT FOR STUDENTS EXPLORING ALTERNATIVE RESOURCES AT CHILDREN'S HOSPITAL ("PROJECT SEARCH MIAMI") AT THE CITY, WITH PROJECT SEARCH MIAMI DESIGNED TO PROVIDE MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR YOUTH WITH DISABILITIES, TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS THERETO, AFTER CONSULTATION WITH THE CITY ATTORNEY, IN COMPLIANCE WITH THE ATTACHED AGREEMENT, FORA PERIOD OF THREE (3) YEARS COMMENCING JULY 1, 2015 THROUGH JUNE 30, 2018. 15-00725 Summary Form.pdf 15-00725 Legislation.pdf 15-00725 Exhibit - Agreement.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 48 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0289 Chair Gort: RE.3. Kevin Kerwin: Good morning, Commissioners. Kevin Kerwin, your City of Miami Parks director. Before you is a resolution with the City of Miami Commission authorizing the Manager to execute a cooperative agreement between the City of Miami and the School Board of Miami -Dade County for the purpose of continuing the nationally acclaimed project for students exploring alternative resources at Children's Hospital. It's also called "Project Search." Vice Chair Hardemon: So move. Chair Gort: Thank you, sir. It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff: Second Chair Gort: Second by Commissioner Sarnoff. Is there any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.4 RESOLUTION 15-00727 Department of Code A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Compliance ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 489328, AND APPROVING THE ESTABLISHMENT OF A PRE -QUALIFICATION LIST COMPRISED OF FOUR (4) QUALIFIED PROPOSERS, AS LISTED ALPHABETICALLY IN "EXHIBIT A," ATTACHED HEREIN, TO PROVIDE LOT CLEARING SERVICES FOR THE DEPARTMENT OF CODE COMPLIANCE, ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS WITH AUTOMATIC ANNUAL RENEWALS UNTIL SUCH TIME AS IT IS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO ISSUE A NEW SOLICITATION; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY'S BEST INTEREST WITHOUT NEED FOR FURTHER CITY COMMISSION AUTHORIZATION. 15-00727 Summary Form.pdf 15-00727 Bid Tabulation.pdf 15-00727 Proposal - BCLS Landscaping Group Inc.pdf 15-00727 Proposal - C&W Lawn Care Inc.pdf 15-00727 Proposal - Thomas Maintenance Services Inc.pdf 15-00727 Proposal - Weed -A -Way Inc.pdf 15-00727 Invitation for Bid.pdf 15-00727 Legislation.pdf 15-00727 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 49 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0290 Chair Gort: RE.4. Eli Gutierrez: Good morning, Mr. Chair and Commissioners. For the record, Eli Gutierrez, Code Compliance director. RE.4 is a resolution accepting the proposal received and approving the establishment of four prequalification lists comprised of four qualified proposers for lot clearing in the City of Miami. Commissioner Suarez: Move it. Chair Gort: Been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second Second. Chair Gort: Second by Commissioner Sarnoff. Discussion. Commissioner Suarez: Good job. Mr. Gutierrez: Thank you. Chair Gort: Let me add a little bit, and I been doing this constantly with the -- all the departments. We had a meeting of all of you, Code Enforcement, once again; City -- the attorneys, the Police and so on, how we can improve, what we can do with the documentation from Planning and CUs (certificates of use), so we don't have the problem of the illegal cafeteria serving as bars and nightclubs. Mr. Gutierrez: Yes, sir. Chair Gort: So I hope you working with them on that. Mr. Gutierrez: We are. Chair Gort: You were supposed to get it resolved within three weeks. Thank you. Mr. Gutierrez: Yes, sir. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. RE.5 RESOLUTION 15-00732 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE Works DESIGN DISTRICT AS A DISTINCT CITY OF MIAMI NEIGHBORHOOD; AND APPROVING, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR, THE INSTALLATION OF ALTERNATE STREET IDENTIFICATION SIGNS EMPLOYING BLACK LETTERS ON WHITE BACKGROUND SCHEME WITHIN THE "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" DEVELOPMENT AREA, BOUND APPROXIMATELY BY NORTHEAST43RD STREET AND NORTHEAST42ND City of Miami Page 50 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 STREET TO THE NORTH, NORTH FEDERAL HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 38TH STREET TO THE SOUTH, AND BY NORTHEAST MIAMI COURTAND NORTH MIAMI AVENUE TO THE WEST, MIAMI, FLORIDA. 15-00732 Summary Form.pdf 15-00732 Pre-Legislation.pdf 15-00732 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0291 Chair Gort: RE.4. Daniel 1 Alfonso (City Manager): Five. Chair Gort: Five, five. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. RE.5 is a resolution of the Miami City Commission recognizing the Design District as a distinct City neighborhood, and approving the installation of alternate speed identification signs, employing white letters on black background within the Miami Design District Retail Streets Special Area Plan. It's subject to approval of the Miami -Dade County Traffic director, and this item is a companion to the next two items on the agenda, RE. 6 and RE.7. I would like to note also that there is a scrivener's error, which indicates that these are white letters on a black background. The scheme is actually the reverse, which is black letters on a white background. Vice Chair Hardemon: So move. Unidentified Speaker: (UNINTELLIGIBLE). Is there a motion? Vice Chair Hardemon: So moved. Commissioner Suarez: Second. Commissioner Sarnoff Second Chair Gort: Moved by Vice Chairman; second by Commissioner Carollo [sic]. Any discussion? Being none, all in favor -- Commissioner Sarnoff Yes, there is discussion. Chair Gort: Yes. Commissioner Sarnoff. Madam City Attorney, you were going to -- we're on FR -- RE.5, right? Chair Gort: Yeah. Victoria Mendez (City Attorney): Yes. Commissioner Sarnoff. You were going to put some language in there? Ms. Mendez: The language that I, in a perfect world would like would be that there is a bond of City of Miami Page 51 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 sorts to make sure that maintenance 20 years from now is done. It is my understanding that oppose -- that counsel for the application feels that the fact that these are recorded covenants that will be in the future on the properties is enough to maintain signage and streetlights, which is the other item that's going before you, but that is something that, in a perfect world, I would desire for these projects, just to protect the City; however, at the end of the day, it's a business decision -- Chair Gort: Does the maker of the motion -- Ms. Mendez: -- which I believe Mr. Kasdin may talk about right now. Commissioner Sarnoff May I address --? Chair Gort: Maker of the motion, yes, sir. Commissioner Sarnoff All right. So, Mr. Kasdin, we are taking responsibility away from Miami -Dade County. We are undertaking that responsibility, and then passing that responsibility on to a corporation, correct? Neisen Kasdin: To the entities that own the property, a corporation. Commissioner Sarnoff Abutting. Mr. Kasdin: Yes. Commissioner Sarnoff LLC (Limited Liability Company)? Mr. Kasdin: An LLC that owns the abutting property. Commissioner Sarnoff Okay. And the LLC, I take it, has that bearing, that responsibility, but in the event that LLC were to, for whatever reason, not live up to its obligation for any myriad of reasons, one of which could be financial, others could be transfers, shouldn't we get some sort of financial backstop for the City? Mr. Kasdin: You have that, Commissioner, if I may address that. First, just to briefly address the context of this, this has been in negotiation between the City, and the County, and Miami Design District Associates for many months. This request is coming at the last minute, actually, and has not been reviewed or discussed with the County, but in addition to that, the agreement provides for significant security for the City, because they have the -- the City has the ability, if Miami Design District Associates or its affiliates do not maintain the signage, to lien the property, which is probably the strongest sanction that you can impose. And in addition, we are -- I will say this -- in a time crunch, because there's a two million dollar grant from the State that needs to be spent by September 15, so the work needs to be done and completed as soon as possible, and so we cannot today agree to the posting of additional maintenance on -- by the way, there's already a performance bond that we have agreed to with respect to the work that was -- is already being undertaken, but the maintenance bond is something that would open up a new avenue to discuss. It's never been raised before, and we have given you tremendous security in that you can notice, lien -- notice, fine, lien all of the properties if there is a failure to maintain. Commissioner Sarnoff. Yeah, and -- is it all right, Mr. Chair? Chair Gort: Yes, go ahead. Commissioner Sarnoff. I just think we're taking on a responsibility; and, you know, in your City of Miami Page 52 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 comments, you just said in the building and construction of what you're doing, you're putting a bond up, because in the event you don't fulfill that obligation, the bonding company would In this circumstance, though, you would be dealing with vety long-term agreement; a city taking on a responsibility usually attendant to the County, especially for the streetlights, but maybe even appropriately so for the street signage, and, you know, forgive me. I mean, I don't know how many of you actively get involved in the negotiation process, but inevitably, it comes to us, and we are the financial arbiters, as well as fiduciaries on behalf of the City of Miami. And I understand you're saying it could be liened. The City has that right for every property in the City. It's not a vety strong ability, because if you look at a lot of properties in the City of Miami, it has its uses, but it certainly doesn't clean them up. So I'm just curious why it seems so onerous or exaggerated to say this has been brought up for the first time right now. I understand that, but why wouldn't you put some sort of a performance bond or some securitized instrument so that over the next 20, 30 years, we would be able to know that there is an entity that has the ability -- other than an LLC, which I think is a single purpose entity, and has the ability to divest itself of its obligations very easily -- why wouldn't this City require something of a securitized instrument? Mr. Kasdin: If I may. Number one, of course, the fact that this is just being brought up now is a problem, because both -- we would have to both go through an approval process with the client, and we would also have to go through dealing with the County. We are at vety late stage. In terms of the security, the LLC cannot -- this is a lien that attaches to the property; property which is, of course, very valuable property, so the LLC cannot divest itself of that obligation, or that liability, or that potential liability. It is a very powerful tool. In fact, it is the most powerful tool -- Commissioner Suarez: It's the most powerful tool. Mr. Kasdin: -- that the City has. Commissioner Suarez: Yeah. Mr. Chair, ifI may? Chair Gort: Vice Chairman Hardemon has -- yes, sir. Vice Chair Hardemon: Thank you vety much. You know, I'm particularly moved by the statements of the District 2 Commissioner, and I say that because many times, when we place liens on property, it doesn't necessarily give us the ability to make the changes that we're seeking. So, for instance, in this case, if there's maintenance that needs to be done on the signs, the lien on the property is great in the sense that it -- we can recoup those -- that cost, but it doesn't do anything for us to provide the initial funding to actually do that maintenance. And so -- and I see this lovely young lady walking slowly towards the lectern but -- so that becomes part of my concern, and I think that it's right for the Commissioner to ask, "Well, what about this situation?" and especially when you're looking at long-term maintenance needs and not necessarily in the short term. And certainly, the life of a LLC is what that LLC determines it to be, so there are some concerns there that I would have. And if this isn't something that's onerous, then I don't see a problem with requiring it. Whether or not -- I think that in the negotiations -- and I'm sure Commissioner Sarnoff has witnessed this -- you get what you negotiate, and so many times, when things are not brought up at the table, it's to the -- of the opposing counsel, but here, I think that it may be something that's necessary, unless I hear otherwise from our City. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I may be missing something here. Does anyone doubt that this is going to be the nicest intersection in the City of Miami? City of Miami Page 53 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Vice Chair Hardemon: The nicest what? Commissioner Suarez: The nicest intersection in the City of Miami. I mean, we're constantly complaining about how the County does things in a very nondescript and kind of an ugly way. I mean, no offense to our County partners, but, I mean, this is a private entity that's coming and taking on that responsibility. Isn't that something we want to encourage? I mean, from my perspective -- you know, I created the Adopt -a -Traffic Circle Program because I thought that there was a time where we, as a city, were not -- and, you know, we were in a financial crisis. We were not able to maintain our traffic circles at the level that we should be maintaining them, and so we gave our citizens an opportunity to step in and say, "Hey, we're going to pay our landscape guy a little bit of extra money to landscape the traffic circles." Now, we're finally -- you know, we contracted with an outside party, and we're finally starting to do what is, in my opinion, a respectable job on that. So I'm a little bit lost here as to why this -- I mean, I think these are going to be the nicest streetlights in Miami, and if for some reason, the owner of the property doesn't breach his contract, which I can't imagine would happen, but if that does happen, you have $500 million worth of assets to lien, you know -- Vice Chair Hardemon: What I meant is -- Commissioner Suarez: -- to get your money back. I don't get -- that's where I'm confused. I don't know. Maybe I'm misunderstand -- am I misunderstanding? Mr. Kasdin: I think that's exactly correct -- Chair Gort: Excuse me. Mr. Kasdin: -- Commissioner. Chair Gort: Sure, it does. Yes, sir. Vice Chair Hardemon: Mr. Chairman, thank you very much. No, I agree that this will be -- and, of course, I mean, it's something that is a jewel in my district -- that it's to be a beautiful asset within that area, but assets need to be maintainer, especially when you're talking about a public asset on the street. Commissioner Suarez: Sure. Vice Chair Hardemon: So -- Commissioner Suarez: There's a maintenance agreement. Vice Chair Hardemon: -- no one's trying to -- we want to encourage this type of development; I think that's why it's here today. So we just need to see -- I mean, this may be something that we are discussing that is not of a great need, and that may be what we're about to hear from the City, and that's all that I'm concerned about; that we have a way to maintain it; not trying to put a stumbling block in front of something that's supposed to be beneficial to our community. Chair Gort: Yes, ma'am. Alice Bravo: Alice Bravo, Deputy City Manager. There are two items that should be pointed out. This item before you is a transfer of maintenance responsibility for County streets. A few months ago, we already approved an item where there was a similar transfer of maintenance responsibility for the similar items, light poles, pavers, et cetera, on city streets, and it was done with a similar structure as you have here, relying on the covenant. And we have other projects where we've accepted a transfer of responsibility on State roads, and they use a mechanism City of Miami Page 54 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 similar to this, where the State doesn't want to contract with the private entity directly, so the City serves as an intermediary, and those, as well, are clone with a covenant. Commissioner Suarez: Mr. Chair, if I may. Mr. Kasdin: Without a maintenance bond. Chair Gort: Excuse me. You're recognized. Mr. Kasdin: I just -- Mr. Chair, thank you. Just to make the point that that covenant already entered into between the City and Miami Design District Associates did not provide for a maintenance bond Ms. Mendez: Right. And I -- you know, unfortunately, we -- I cannot always catch all the things that I would want with regard to certain items. I just know that this is something that I had to bring to your attention; that the maintenance 20 years from now is not the same as something that's placed now. There's a performance bond to put beautiful, expensive, different types of signage and poles on our public streets and right-of-ways [sic]. I just need to bring to your attention that there is not a maintenance bond to that effect, and to the extent that I'm telling now Public Works, and I'm telling CIP (Capital Improvements Program) that when we have these types of issues that are things that we normally do not take care of, that we have to look at that possibility, and the -- this Board wants to do that in the future, then it's okay, but, unfortunately, this project is one that always comes up quickly. Whether it's monies coming in and we have to use them right away; whether there's deadlines and things of that nature, this particular type of area has always had something that's always under the gun, and I just need to bring to your attention that, you know, there is a maintenance issue in the future, you know, 10 years from now, 20 years from now, 30 years from now, or two weeks from now, when somebody crashes into the pretty pole that then we need to replace, so that's all I needed to bring to everyone's attention. Mr. Kasdin: Mr. Chair. Chair Gort: Okay, Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. So can I speak to Ms. Bravo? Probably one of the last times I'll get to do this, so it'll be memorable. So you said in the past that the State has transferred roads to the City, and then we've acted as an intermediary, right? Ms. Bravo: To clarify, there are developers that have implemented nonstandard improvements -- Commissioner Sarnoff.. Right. Ms. Bravo: -- on State right-of-way, and a similar process is used where the State transfers -- delegates the maintenance responsibility of those nonstandard items to the City, and then the City transfers it to the development -- Commissioner Sarnoff.. But the State -- Ms. Bravo: -- and required a covenant. Commissioner Sarnoff.. Right, but the State -- and walk me through this process -- the State is relieving itself of the obligation of -- let me finish the question; it'll be a good one. The State is relieving itself of the obligation of dealing with apole that it determines in its own self-interest to be more expensive than what it wishes to, correct? Yes, no? You could explain. City of Miami Page 55 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Ms. Bravo: Yes, for ease of not having to stock different poles that they normally do. Commissioner Sarnoff. Or they don't care to go to the expense; very much like the County, right? Ms. Bravo: Correct. Commissioner Sarnoff. All right. So then the City transfers that obligation to a ordinarily single purpose entity, but there's no financial backstop for us, like the State did with us. State didn't want to transfer that pole directly to the single purpose entity. It wanted to go to the City because it wanted the City's full faith and credit to say, when that sign goes down, you're going to put it back up. Ms. Bravo: And they also don't want to have to deal with a large volume of developers, so they'd rather deal with the municipality. Commissioner Sarnoff Okay; for ease and certainty, correct? Ms. Bravo: Yes. Commissioner Sarnoff All right. So we then transfer that obligation on, but we don't get those same assurances, correct? Ms. Bravo: We have the ability to lien the property. Commissioner Sarnoff So you're suggesting it's a risk, but one that could be mitigated by lien, inevitably, through foreclosure. Ms. Bravo: Correct. That's -- Commissioner Sarnoff So that's our policy decision here. Ms. Bravo: Yes. Commissioner Sarnoff But we could have -- well, I guess that's to be determined. The City had the ability -- Ms. Bravo: This is the policy in our City Code that's reflected today. Commissioner Sarnoff Well, let me answer the question, then. We have the ability, do we not, to say to the developer/occupier/owner/obligor, "Please ensure that this obligation that we're passing on to you is fulfilled for the next 30 years"? Ms. Bravo: Yes. Commissioner Sarnoff. But we didn't do it in this circumstance. Ms. Bravo: And because of the process that's spelled out in the Code, and what's been done to date -- Commissioner Sarnoff. The Code wouldn't allow us to do that? Ms. Bravo: It's not that it -- it hasn't required it. Commissioner Sarnoff. Right. City of Miami Page 56 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Ms. Bravo: So there's been a process in place. Commissioner Sarnoff.. It doesn't require it, but the Code allows for it. Ms. Bravo: I'm sure we can make a new policy decision if this is something -- Commissioner Sarnoff.. I don't think the Code -- Ms. Bravo: -- we're going to do different. Commissioner Sarnoff.. -- has to spell it out. The question -- Ms. Mendez: We're not precluded. Commissioner Sarnoff.. Right. The question is, as good financial agents and stewards, should we be ensuring that these -- and if you all don't know this, so the Performing Arts Center has what's called super lights. Those super lights were put in at the County, and then the CRA (Community Redevelopment Agency), the Omni CRA takes care of them, so super lights have been the subject of a number of thefts. Are you aware of that? You're not aware of that? Vice Chair Hardemon: I was not aware of that. Commissioner Sarnoff.. Might be before your time. Anyway, during the financial crisis, about six super poles were -- all the copper, et cetera, were taken out, such that we had to encase the bottom structure in a pillbox so that whenever the super light has to be fixed, we actually have to go with a jackhammer, break the pillbox off, because when we first started, we actually put heavy locks on them. Well, the heavy locks were taken off on a four-hour project which somebody filmed one day, showing people actually drilling through the lock -- took them four hours to do this -- and then taking all the copper wire from the super light. So, I mean, we have some experience with this. We actually have had -- now, the Omni CRA has paid for each one of those super lights, but I think it's $90, 000 a super light. I may be wrong on the number. I may be high, but it might be that high. So that's why I just bring this to bear. We've had some experience with this. Mr. Kasdin: Mr. Chair, may I? Chair Gort: Yes, sir, you're recognized. Mr. Kasdin: Couple of things. We can take this actually out of the realm of the theoretical and talk about the actual -- actually what is happening. I think we all know that there's been upwards of a billion dollars of investment in the Design District; that the value created far exceeds that, even. We can witness with our own eyes the internationally important buildings, streetscape, landscaping, lighting that has already been put in place there. This is not some developer in the future, some project in the future. This is one of the greatest projects in America that has happened today in our City with a staggering amount of investment. Now, what does this mean? It means a couple of things. The City already has entered into an agreement with Miami Design District Associates and a covenant, just as is being proposed to you now, many months ago for the City streets, and the installation of nonstandard improvements on the maintenance of those City streets. That covenant for those -- those have been installed, those are in operation, and I think everyone can see that from the day they've been put in operation, they've been maintained; not only maintainer, but maintained to a better and higher standard than any government agency has done or probably is even capable of doing. So they have a huge investment. They've installed these improvements. They've been operating under the same agreement and covenant on the City streets already for a number of months, and keeping them in City of Miami Page 57 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 tip-top shape, and so they have a track record, and this is not the value and the real estate that has been created, and therefore, the City's security, the lien is enormous, and will be that way for many, many years to come. So to this -- at this juncture, when this is just being introduced now, I don't think it is fair, nor is it necessary. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Okay, yes, sir. Commissioner Suarez: Thank you. Yeah, I'm still like bewildered. In addition, there's insurance, as well, so -- Commissioner Sarnoff. Oh, if there's insurance, then 171 quiet down. Commissioner Suarez: There's insurance. Ms. Mendez: Not -- Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: Not insurance -- Commissioner Suarez: Provision -- Ms. Mendez: that -- Commissioner Suarez: Provision Number 12. Common infrastructure -- Ms. Mendez: Not insurance that we are named as an additional insured for maintenance in the future, and that's pretty much -- all we're asking is -- Commissioner Suarez: But there's a -- wait, wait, wait. But there's an ob -- there's insurance on what they do -- Ms. Mendez: Yes. Commissioner Suarez: -- on the property, okay? Ms. Mendez: Yes. Commissioner Suarez: There's a property that is imminently executable, which is a bond, in any way you want to look at it. It's a performance bond to the mega performance bond If you have a billion dollar piece of property that you can levy against, you have the most credible performance bond imaginable. And let's face it, guys, at the end of the day, we're trying to incentivize investment in the City of Miami. And we get criticized in our CRAB, for example, for doing TIE (Tax Increment Fund) deals where we're giving back a portion of the property taxes that are generated by the business, itself. And here, you have a business that's developing in the City of Miami, providing taxes, and saying, "Oh, wait a second. I'm going to improve; I'm going to go above and beyond the street-scaping, the lighting and everything, and I'm going to pay for that myself; and yet, you can lien my property, and we're going to have insurance, and we're going to do all these things." I'm just -- I don't get it. Am I missing something? Ms. Mendez: I -- if -- I don't hear Mr. Kasdin saying that we could collect on the insurance. If City of Miami Page 58 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 he says that, then we're golden, but I don't believe that -- I believe that the insurance is for the work that's being done now, and the performance bond is for the work that's being done now; not 20 years from now. Commissioner Suarez: Yeah, but you're talking about operation and maintenance. They have an ongoing obligation to provide operation and maintenance; that's in Clause Number 2, second paragraph. Conveners are hereby responsible for the operation and maintenance -- Ms. Mendez: Page -- I'm sorry, page -- Commissioner Suarez: I'm sorry. Ms. Mendez: -- do you have a page? Commissioner Suarez: Page 2, paragraph 2, where it says: Convener are hereby responsible for the operation and maintenance of the streetlights it's required to maintain, replace, repair and remove the improvements within these right-of-ways [sic] and location of Exhibit 'A." So, I mean, they have an ongoing operation and maintenance requirement. If they don't meet that requirement, we can lien the property, a billion dollar property. I mean, that's a pretty good -- Ms. Mendez: Right. I mean, we could lien anything. If Mr. Kasdin says that the insurance covers it, I'm fine -- Commissioner Suarez: But that's -- Ms. Mendez: -- but he's not saying that. Commissioner Suarez: But that's not the issue. That's not the issue. The issue I'm talking about is these are public right-of-ways [sic]. This is a private company saying, "We're going to take over the public right-of-ways [sic], and we're going to enhance them. We're not going to ask you for a penny. We're going to do it in addition to the taxes that we pay, so we're not going to say, 'Give us back some of the taxes that we're paying and reinvest them into our neighborhood and enhance the things to make them in conformity with the investment that we've made in the property,'" which is a beautiful property. I know, I'm sure all of you have been to it; it's gorgeous. So they're saying, "No, we're going to go above and beyond the property taxes that we're paying. We're actually going to pay for all this, and we're going to maintain it, and we're going to operate it, and if we don't, you have a collection mechanism, which is basically a performance bond of a billion dollar property." That's the part that I'm not getting. I don't know. Chair Gort: Okay. Commissioner Suarez: And by the way, none of this came up in the briefing, and I'm not saying that it has to, you know, because we can't anticipate everything that happens, and I know -- Commissioner Sarnoff. But it came up in my briefing. Commissioner Suarez: I get it, I get it. It didn't come up in mine, though. Commissioner Sarnoff. Okay. Commissioner Suarez: And I'm not saying that it has to and I'm not saying -- Ms. Mendez: I apologize, I wasn't there for yours. City of Miami Page 59 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Suarez: It's okay. It doesn't have to necessarily, and we're big boys, you know, so we come up here with the expectation that, you know, we don't know everything, we don't -- certainly can't talk to each other, so we don't know what's going on, and we have to be flexible and understand what's going on. I'm just at a loss for really understanding what the real issue is here, given my feelings on the item. Chair Gort: Thank you. I understand someone else would like to speak from the public. Renita Holmes: Thank you, Commissioners. It's my concern -- Madam Holmes for the public, District 5, and attached to a very prevalent Design District. I don't know if you can relate, but, you know, when I look at the number of men that were down at the County that do the maintenance, the DDA (Downtown Development Authority) and the ambassadors, I was vety pleased to see that they had jobs. And when we talk about the impact and the benefits, I don't know if we're putting the exact impact and the benefit of measuring as how wonderful it would be for us to maintain our own neighborhoods. I appreciate you addressing the issue of putting things up, but are they safe? Because it's not just a matter of people taking the cords up out of it -- and thank you vety much, Commissioner Sarnoff, in raising that issue, because giving someone opportunities that would create jobs, giving someone in the development plan a job opportunity to give, simply because we've given them public properties and they're giving us a few revenues, in the math, I think we don't quite equate how important it is for us to do the jobs in maintaining. And you say, what's my relevance to this area? My mom worked the Design District. Let me tell you from my perception of that public housing adjacent to this neighborhood, where everybody's parking for the Wynwood and the Design District, and then walking or taking the train over, and my kids in public housing parking lot is stuck. I got pictures if you'd like to see them. So when we talking about putting poles in, and who's going to do the maintenance, and how it's going to benefit, and who's getting something back. Nobody never gives nothing back to a community for free; it's something that they getting. And may I ask, can you take a look at how much of an impact it's having on them doing that in the maintenance as opposed to just saying that, oh, that they're going to maintain it? Because you have your "we the people" impact fiscally; then you have "they got the people's land" impact fiscally. And how do those poor folks adjacent to this community benefit in our Poverty Initiative? We see things so -- in silos, but what I'm reading here, Mr. Chair, and our Chairperson, something totally different. When you talk about balancing the impact of what they get back for this as opposed to what we can create with it, it's an investment, but for whom? Thank you. Chair Gort: Thank you, ma'am. Okay. You wanted to -- Mr. Santamaria: I'm sorry? Chair Gort: You wanted to say something? Mr. Santamaria: Yes. The insurance that's carried in the documents here before you is for general liability, so as part of the covenant in the agreement, the covenantor [sic] is required to maintain that insurance throughout the life of the covenant. Also, the covenantor [sic] is required to indemnify the City. That's built into the covenant, which, by the way, is the same covenant that we have executed for many, many years here at the City. Commissioner Sarnoff.. Can I --? Chair Gort: Okay, thank you. Yes, sir. Commissioner Sarnoff.. General liability insurance would not cover the failure to maintain, would it? City of Miami Page 60 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Mr. Santamaria: I don't know. I think probably not; it would not carty that. I would defer to someone who knows more about insurance coverage than me, but -- Mr. Kasdin: But if there is -- Mr. Santamaria: -- it probably would cover somebody's -- some mishap. Mr. Kasdin: IfI may, Mr. Commissioner, if there is any damage or liability incurred as a result of a failure to maintain, it would be covered by both the indemnity and the insurance policy. Commissioner Sarnoff. Yeah. You're saying -- what you're saying, Mr. Kasdin, is that in the event that the lighting was not working and there was a car accident, we would then be covered for the failure to have proper lighting. Mr. Kasdin: Fully covered Commissioner Sarnoff. Right. Commissioner Suarez: And that's what I meant by the insurance component. I didn't articulate it very well when I said it, but you're right. It -- that is kind of a maintenance component. If somebody has a car accident and hits the pole, in maintaining something, you want to -- you have to replace it, so -- but there's insurance coverage that's in place for that, and it's -- so it's kind of a maintenance component, but not in the sense of painting the pole to maintain it over time. It's a slightly different concept of the same issue. Commissioner Sarnoff. And my only concern, Commissioner Suarez -- and I'm probably going to vote for this, I'll be candid with you. But my only concern is the way it was explained to me is that we're taking on an obligation of the County, which is something we don't theoretically take -- pay tax -- get tax receipts for. We're then going to be the obligor of that, but we're passing that obligation on to a private developer, right? So it's not like it's a city street, which we are taking taxes for, theoretically, and -- well, we are taking -- theoretically, this is all comes -- Commissioner Suarez: Right. I'm listening, I'm listening. Commissioner Sarnoff. Right. So theoretically, it would be streets -- I'd have no problem with this if it was our streets, but if some of these streets are county streets, we're not taking those tax dollars in, and we're passing that obligation on to a third party, who, you're saying, is more than likely to take care of it. I concede that point. I mean, I've been to the Design District, and my bank account shows that, and I go there far too often. So I think it's a great -- and this is not a crack on anything you're doing there. You're doing everything right. Mr. Kasdin: And it's paying a lot of taxes, too. Commissioner Sarnoff.. Oh, I don't deny that. I don't deny that. But -- Mr. Kasdin: To the City as well as the County. Commissioner Sarnoff.. -- and like I said I don't want to pull something that was not -- you're not aware of but I think it's something we should be aware of. If we're taking a county street, and we're taking on an obligation and passing that obligation on to an LLC, which is a single purpose entity, then that's something we should be cognizant of as a Board. Commissioner Suarez: Can I just say something to that response there? Chair Gort: Go ahead. City of Miami Page 61 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Suarez: I think you're right in terms of whenever we're taking on a County responsibility, certainly, it's something that should be done with the utmost care. When that LLC is going to record a covenant that runs with a billion dollars' worth of land you have a huge performance bond and I think that's the difference. If it were for some other circumstance, maybe it would be different, but I think in this particular case, it's a good guarantee that we have. Chair Gort: Thank you. Mr. Kasdin: Mr. Chair, one -- ifI may, one brief comment, and I would request and suggest that if you did want to apply that, you do it on a going forward basis. We had a course of conduct with the City, with the city streets. We're at this -- truly, the eleventh hour. You're all witness to the staggering amount of investment and the level of maintenance and care. I would suggest if this becomes a policy of the City, then to do it on a prospective basis, but not at this moment. Chair Gort: Thank you. Okeydoke. There's not a motion. Commissioner Suarez: Moved. Commissioner Carollo: Second. Todd B. Hannon (City Clerk): Sir, the -- Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Mr. Hannon: -- item was moved by Commissioner Hardemon and second by Commissioner Carollo at 11: 04. Vice Chair Hardemon: Call the vote. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Hannon: As amended to include the scrivener's error mentioned by the Public Works director. RE.6 RESOLUTION 15-00808 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT WITH MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF STREETLIGHTS WITHIN MIAMI-DADE COUNTY RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF NORTHEAST2NDAVENUE, MIAMI, FLORIDA, AS STATED HEREIN. 15-00808 Summary Form.pdf 15-00808 Legislation.pdf 15-00808 Exhibit - Interlocal Agreement.pdf 15-00808 Exhibit - Covenant.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 62 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0292 Chair Gort: I had a time certain for RE.10. Commissioner Sarnoff. Should be aware of it. Victoria Mendez (City Attorney): This was for RE.5, correct? Chair Gort: Yes. Neisen Kasdin: Right. There's also 6 and 7. Ms. Mendez: Okay, 6 and 7 are all related, so if we can, Chairman -- Chair Gort: RE. 6. Ms. Mendez: -- just because it was all the same public comment period. Chair Gort: Wait a second. Vice Chair Hardemon: So moved. Ms. Mendez: But I just -- Commissioner Suarez: Second. Ms. Mendez: IfI may, for 6, which actually has a covenant to run with the land with regard to the streetlights, in Provision Number 2, on page 2, where it talks about the City -- paragraph 3 of Number 2 -- the City will provide electrical power to streetlights in the same manner it does in general, throughout the City, at no cost to the covenantor. Since we have been talking about all this bonding -- and that may not be applied to this -- at least I want to make sure that unless there's some sort of maintenance issue with regard to the electricity, if something happened or what have you, that at least we change that one sentence to say -- like if there's a car accident or something, obviously, we can't provide the electricity, or if there's some maintenance issue on the part of -- Mr. Kasdin: Well, we could say -- Ms. Mendez: -- the Oak Plaza, we can at least amend that little section. Chair Gort: What? Mr. Kasdin: It's not clear to me. Chair Gort: No. Ms. Mendez: Okay. What I am saying is, it says in this covenant that the City is going to provide electricity. If we're not going to have bonds going forward with regard to maintenance, I just want to make clear that we cannot provide electricity if the poles -- if there's a problem with the poles, or a maintenance with the pools, so I just wanted to clarify that, subject to the responsibilities of the -- Chair Gort: They want to make sure if a pole is being broken and the conduit is taken out, that the City will not provide the electricity. City of Miami Page 63 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Mr. Kasdin: Mr. Chair, that covenant provision says in the manner that it's provided in the rest of the City, so, obviously, if it's broken, it can't be provided. The City's under no obligation to provide it. Ms. Mendez: Right. I just want to make that clear for the record, that it's subject to -- Mr. Kasdin: That's in your language already. Chair Gort: Okay. There's a motion and a second Any further discussion? Commissioner Suarez: No. Chair Gort: Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 15-00852 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, FOR STREETLIGHTS AND RELATED STRUCTURES, FIXTURES AND IMPROVEMENTS WITHIN THE DEDICATED PUBLIC RIGHTS -OF -WAY THAT ABUT PORTIONS OF NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, A MIAMI-DADE COUNTY MAINTAINED ROADWAY, DEPICTED IN EXHIBIT "C", ATTACHED AND INCORPORATED, AND FOR WHICH THE CITY OF MIAMI HAS ENTERED INTO AN INTERLOCALAGREEMENT WITH MIAMI-DADE COUNTY. 15-00852 Summary Form.pdf 15-00852 Legislation.pdf 15-00852 Exhibit - Covenant.pdf 15-00852 Exhibit - Interlocal Agreement.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0293 Chair Gort: RE.7. Vice Chair Hardemon: So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Eduardo Santamaria (Director, Public Works): Mr. Chair. Chair Gort: Yes, sir. City of Miami Page 64 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 RE.8 15-00763 Department of Capital Improvement Programs/Transportat ion RE.9 15-00765 Mr. Santamaria: IfI may, I don't believe RE.6 was actually read into the record. I know there are three items that are all closely related. Mr. Hannon: It's not necessary to read the title into the record. Mr. Santamaria: Okay, so RE.7? Chair Gort: Yes. Mr. Santamaria: Sorry. Mr. Hannon: RE. 7 was already voted upon and passed. Commissioner Suarez: So was RE.8. Neisen Kasdin: Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH HNTB CORPORATION, INC. AND KIMLEY-HORN AND ASSOCIATES, INC. FOR THE PROVISION OF TRANSPORTATION PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL CONTRACT CAPACITIES FROM $500,000.00 TO AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR EACH FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA WITH EACH CONSULTANT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE VARIOUS CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00763 Summary Form.pdf 15-00763 Memo - Request for Increase.pdf 15-00763 PSA- Kimley Horn.pdf 15-00763 PSA- HNTB Corporation.pdf 15-00763 Legislation.pdf 15-00763 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Department of Capital Improvement Programs/Transportat ion RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TOACCEPTA GRANT IN THE TOTAL AMOUNT OF NOT TO EXCEED EIGHTY THOUSAND DOLLARS ($80,000.00) ("GRANT") FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION'S NATIONAL TREASURES PROGRAM WITH AMERICAN EXPRESS AS THE PRESENTING PARTNER ("PROGRAM") TO City of Miami Page 65 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 THE CITY OF MIAMI ("CITY") FOR MIAMI MARINE STADIUM ("PROJECT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "AMERICAN EXPRESS NATIONAL TREASURES PROGRAM GRANT FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION FOR MIAMI MARINE STADIUM," TO FUND EXTENDED INVESTIGATION OF PILES (PILINGS), SEAWALL, AND OTHER UNDERWATER STRUCTURES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND TO EXECUTE ALL OTHER NECESSARY RENEWALS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, IN COMPLIANCE WITH THE GRANT, FOR THE PERIOD COMMENCING UPON GRANT AGREEMENT EXECUTION THROUGH MAY 31, 2016 FOR THE PROJECT. 15-00765 Summary Form.pdf 15-00765 Legislation.pdf 15-00765 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0294 Chair Gort: Welcome to the afternoon session. We have a quorum. We have RE.8. RE.8. Commissioner Suarez: RE.9, I think. Right, Mr. Chair? Chair Gort: RE.9. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director of Capital Improvements &Transportation Program. RE.9 is a resolution of the City of Miami Commissions [sic], authorizing the City Manager to accept a grant in the total amount of $80, 000 from the National Trust for Historic Preservation National Trust Program with American Express as the presenting partner; further, this resolution authorizes the City Manager to execute and negotiate a grant agreement with the presenters. In addition, Commissioners, I would like to present Stephanie Meeks from the National Trust for Historic Preservation to come up to the podium and give a few words. Chair Gort: Thank you. You can stay -- you can use it. Stephanie Meeks: Thank you. Commissioners, thank you. It's my honor to have the opportunity to speak with you again today. I'm Stephanie Meeks, the president of the National Trust for Historic Preservation. We're a national non-profit organization dedicated to saving America's historic places, and I'm here today to speak in favor of this resolution to accept the American Express National Treasures grant, in the amount of $80, 000. This was originally announced in 2013, and these matching funds will underwrite a long overdue engineering analysis of the underwater pilings of the stadium that support that iconic grand stand as authorized by the Florida Inland Navigation District. And once this analysis is completed we understand that the City of Miami can reapply to the FIND (Florida Inland Navigation District) Commission to fund the important structural work that will be identified in these findings. Given that this building is -- a large part of it is built over the water, the completion of this piling study and the rehabilitation of the infrastructure is really the first step towards rehabilitating this building towards its future reuse. The grant from the American Express Foundation and from the City of Miami Page 66 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 RE.10 15-00733 Department of Capital Improvement Programs/Transportat ion National Trust underscores our belief that the Miami Marine Stadium is a national landmark worth saving, and it's my hope that you'll accept these funds so that this important work can get underway. The National Trust, for more than 65 years, has been working to save historic places across the country, and because of this, we know firsthand that preservation is rarely a straightforward process; it's one that requires vision and patience and creativity; and no matter how strong the ground swell of support, we know that it requires the vision of the landowner, and in this case, the City of Miami. So I'm here today to reiterate my organization's support, and to applaud the work that you've done to date. We appreciate the Steering Committee that the Commission created on May 14 for the Miami Marine Stadium, and we very much appreciate that the National Trust has been offered a seat on the Committee. On our end, I'm happy to report that we have initiated the stadium's nomination to the National Register of Historic Places, which is our country's official list of places worthy of preservation. We expect that process to take anywhere from four to eight months, but once it's complete, the stadium will be eligible for approximately $6 million in federal historic tax credits. And I'm also pleased to tell you that the National Trust will be hosting its national board meeting here on October 1 through 3, and we hope to see some of you at some of our board events. Before I conclude, I want to thank Deputy City Manager Alice Bravo for her exceptional partnership over the past several months. We have really appreciated her dedication and her guidance. We look forward to continuing the dialogue, and we hope that you'll let us know how the National Trust can be helpful to you in your efforts. Thank you. Chair Gort: Well, thank you very much. Glad to have you aboard. Do I have a motion? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FORA DESIGN AND CONSTRUCTION LOAN OF NOT TO EXCEED TWENTY-TWO MILLION, FOUR HUNDRED THIRTEEN THOUSAND, EIGHT HUNDRED DOLLARS ($22,413,800.00) AT A ZERO PERCENT (0%) INTEREST RATE (COLLECTIVELY, "LOAN") TO THE CITY OF MIAMI ("CITY") FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEPARTMENT") CLEAN WATER STATE REVOLVING FUND PROGRAM ("PROGRAM") FOR THE WAGNER CREEK/SEYBOLD CANAL PROJECT SW132000 (COLLECTIVELY, "PROJECT"), WITH FORTY (40) SEMI-ANNUAL LOAN PAYMENTS BEGINNING ON OR ABOUT OCTOBER 15, 2017; FURTHER AUTHORIZING A LOAN SERVICE FEE OF NOT TO EXCEED FOUR HUNDRED FORTY-EIGHT THOUSAND, TWO HUNDRED AND SEVENTY SIX DOLLARS ($448,276.00) TO BE PAID ON OR ABOUT OCTOBER 15, 2017, BY THE CITY FOR THE LOAN THROUGH THE PROGRAM; MAKING CERTAIN FINDINGS AND DETERMINATIONS; RATIFYING, APPROVING AND CONFIRMING THE CITY'S AMENDED LOAN APPLICATION; AUTHORIZING AND DESIGNATING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND DELIVER THE LOAN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LOAN City of Miami Page 67 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 AGREEMENT); FURTHER AUTHORIZING AND DESIGNATING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND DELIVER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE LOAN AND THE LOAN AGREEMENT FOR THE PROJECT; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF THE LOAN AND THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AND AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER NECESSARY CITY REPRESENTATIVES TO UNDERTAKE ALL OTHER ACTIONS IN CONNECTION HEREWITH FOR THE CITY'S COMPLIANCE WITH THE PROGRAM'S REQUIREMENTS; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 15-00733 Summary Form.pdf 15-00733 Legislation.pdf 15-00733 Exhibit.pdf 15-00733-Submittal-Horacio Aguirre -Miami River Commission Recommendation.pdf 15-00733-Submittal-Jeovanny Rodriguez CITP Director -Background Information.pdf 15-00733-Submittal-Jeovanny Rodriguez CITP Director -Aerial Map.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-1 5-0304 Commissioner Carollo: We're on RE.10. Chair Gort: RE.10. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvement & Transportation Program. Before we present this item, there's a couple documents that I would like to introduce to the record. The first one, the original supporting documentation package that was routed with this agreement -- or with this item did not include two attachments. I would like to submit to the Clerks a revised package, and to each of you a copy of the two attachments that was not included. The attachments that were not included is Attachment 1, which is a copy of all the permits that we have already for this project; and Attachment 2, which is a preliminary schedule for this project. In addition, I would also like to introduce a copy of an aerial map for this project for the purpose of discussion that gives an indication of the length of this project. Chair Gort: Thank you. I understand we have a couple of people that have signed for this. Todd B. Hannon (City Clerk): First three speakers: Manny Prieguez, Horacio Stuart Aguirre and Brett Bibeau. Horacio Stuart Aguirre: Chairman Gort, Vice Chairman Keon Hardemon, and City Commissioners, Mr. Manny Prieguez has asked me to go ahead, ahead of him. Horacio Stuart Aguirre as chairman of the Miami River Commission; offices at 1407 Northwest 7th Street. Gentlemen, I understand that the City of Miami was advised about 10 years ago that the Wagner Seybold body of water was the most contaminated body of water in the entire State of Florida, and that was reported by the Florida Department of Environmental Protection to you. I'm also told that Miami -Dade County DERM (Department of Environmental Resource Management) gave the City of Miami an ultimatum deadline of five years ago back, and said you would be City of Miami Page 68 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 severely fined -- we would all be severely fined if we didn't remedy this problem. The issue before you today, I don't think is a willingness to clean it up. I think it's a question of how you're going to do it and when you're going to do it. You have a perfect plan before you. You have a funding plan that, for those of you that are attorneys and bankers, as I am a banker, were reminded that it's logical to match sources and uses. There is no more logical source of funding for this remediation than the storm water fees that are before you. This isn't just about quality of life; it's about jobs. No business would locate on the banks of a body of water that was as contaminated as this body is reported to be. If you want jobs, other than short-term flash in the pan construction jobs; if you want long-term jobs; if you want businesses to settle in, anchor and stay forever, you need to clean this up right away. On behalf of the Miami River Commission, I urge you to accept the plan before you. Thank you. Chair Gort: Thank you. Yes, sir. Brett Bibeau: Honorable City Commission, good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. The Wagner Creek and Seybold Canal is considered the most contaminated waterway in the State of Florida, and requires immediate remediation before the contamination migrates to other areas in the Miami River. Thus, the Miami River Commission vigorously recommends approval of RE.10 for the City's Wagner Creek and Seybold Canal maintenance, dredging, and environmental cleanup project, which will significantly improve the natural environment and the local business economy. Your time and continued support to the City and the Miami River District is very much appreciated. Thank you. Chair Gort: Thank you. Next. Manny Prieguez: Good morning, Commissioners. Manny Prieguez. I am also a member of the Miami River Commission. I own property at 510 Northwest 7th Street, which is at the mouth of the Seybold Canal. And I'm also here on behalf of my uncles, Lazaro Prieguez and Cesar Prieguez, who live in Spring Garden, and who are commercial fishermen, and who have been using the Seybold Canal for 41 and 43 years, respectively, because they park their boats behind their homes where the Seybold Canal goes. So I want you guys -- I want the Commission to imagine every day, when you get up to get into your car and to drive to work, imagine if the street where you were driving out of your house to go to work, every other week or every other month, you got a flat tire; every other month or every other week, something wrong happened to your car because of the street; every other week, you saw a huge animal on your street that you needed to avoid because you didn't want to hurt, because it was a protected animal. And this is what these folks go through on a daily basis, when they go to work, out in the ocean through the Seybold Canal. The water is so low, and it is a constant effect on their boats, and it has been so for all of these years. Manatees regularly congregate in the Seybold Canal, particularly during the winter months, to get as warm as possible. You could imagine the effect that has with the boating community within this very small waterway. Making things deeper, making -- cleaning it up is a huge benefit to this community, to the people that work out of this canal, and so we urge you -- on behalf of my family and on behalf of myself, we urge that you please support this item. Thank you very, very much. Chair Gort: Thank you. Next. Mr. Rodriguez: Again, Commissioners, Jeovanny Rodriguez, director of Capital Improvements & Transportation. RE.10 is a resolution of the City of Miami Commissioners that: "A," authorizes the City Manager to negotiate and execute a design and construction loan from the Florida Department of Transportation State Revolving Funds in an amount not to exceed $22, 413, 800, at a zero percent interest rate, with a semiannual payment -- 40 semiannual payments. Resolution also authorizes a one-time permit to FDEP (Florida Department of Environmental Protection), in the amount of $448, 276, for the processing fee of this loan. And City of Miami Page 69 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Number 3, it ratifies, approves and confirm the City's amended application submitted to FDET -- FDEP for this loan. Chair Gort: Thank you, sir. Mr. Hannon: Next three speakers: Jo Winstead, Charlie Hand, and David Park. Charlie Hand. My name is Charlie Hand. I'm a resident of Spring Garden at 743 Northwest 7th Street Road. I've been living there for approximately 15 years. I've been attending the storm water subcommittee meetings of the Miami River Commission since I've been a resident in Spring Garden. It's been a -- the number one issue of the storm water subcommittee meetings: to clean up the most polluted body of water in the State of Florida since I've been attending those meetings. The Wagner Creek Seybold Canal naturally drains the Allapattah Prairie, which only raises the issue of cleaning up the canal and its pollutants due to its necessity for storm water conveyance in our neighborhood. It naturally drains the land that we live in. We don't live like the Indians anymore. We need to live dry land. It's only appropriate that we use the storm water tax to clean up this canal. Thank you. Chair Gort: Thank you. Next. Jo Winstead: Hi. My name is Jo Winstead. I live at 701 Northwest -- Chair Gort: Pick the mike up. Mr. Winstead: -- Seventh Street Road in Spring Garden. I live right on the creek, and I agree with what's being said. It needs to be done, and it's past time. We've worked hard to raise the money with the Miami River Commission, and it's got to be done. It's just getting worse, and everything -- every tide comes in and goes out, and all that pollution is draining right into that river that just has been dredged, so we're undoing what's been done if we don't do it. Thank you. Chair Gort: Thank you. David Park: My name is David Park. I live at 901 Northwest 7th Street Road, also on the canal. And I'd like to thank the Commission for working to remediate -- again, what everybody has been talking about -- the most polluted water body in the State of Florida. There's a serious concern about endangering the community, the people, the children; the animals, cats, dogs, manatees. In addition to that, the fish are polluted. They're toxic within the canal; people can't use them. People come over and fish, they still take -- eat the fish, so I think there's a serious danger to the community here by not cleaning this. We also have -- it is a potential PR (public relations) disaster -- right? -- the most polluted water body in the City, the heart of Miami -- if that word gets out more and more, so I think that'll be a serious black eye for the City. It needs to be addressed. It's been not days, not weeks, not months, not years, but decades that the community has been trying to remediate this, so we're very pleased that the Commission is finally addressing this. We thank you. Again, there's also the immediate threat of a EPA (Environmental Protection Agency) fine for not remediating the pollution within the canal, so, you know, if this keeps being set on the back burner, it's going to cost taxpayers more in the long run if you don't address this now. So again, I thank you guys so much for working to remediate this, and I urge you again to pass the resolution. Thank you so much. Chair Gort: Thank you, sir. Mr. Hannon: Next three speakers: Renita Holmes, Frank Escobedo, and David [sic] O'Donoghue. Renita Holmes: Madam Renita Holmes, 350 Northwest 5th Street. And the gentleman spoke City of Miami Page 70 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 eloquently. That river way canal is a place where we go to sit quite often. It is inhabited by many homeless persons, and, you know, we deal with the toilet issue, but, you know, there's feces and all that. We don't sit on there anymore. We would sit next to the river with our children, but here's my concern since I'm directly four blocks away and we go sit on this canal: It seems the process again is done and advocated by others who are to the west side or to the southeast side. You know, black folks like clean parks, too, and clean rivers, too. And as one of the EPA technicians that was trained by the Brownfield Institute when we got that 5 million, and the 3 million was spent to educate so many advocates in the area as well, we have not had that participation level again; you know, we have not had that input. And although I have a opportunity to speak, and I love the great events that they have, when we talk about the environment -- just who else has a right to know? Because we're living in this area, Commissioner, with a bad infrastructure and the crack pipe. So when we start doing even the revitalization and the actual construction work, aren't we within certain consent degree -- and I believe there's one or two that he may have been referring to -- entitled to have a right to know? I don't want to get in a argument. Last time I came down here about contamination in parks in one place, and we paying 3 million for a consultant there, I got somebody hands in my face, and I ain't tolerating that this time. So if you going to ask a question, what is the outreach and input; could somebody direct me? Because I know you did your best, Mr. City Manager, to get me involved What is the actual outreach to the west? Because living there, I'm not getting it. I've done my outreach, I've done my in -reach, I've been here, and I'm here this time. After I leave here and walk away, do black folks have a right to know? Do we have any real input? And is your outreach in education coming over there to the east side of that project? Chair Gort: Thank you, ma'am. Yes, sir, you're next. Frank Escobedo: Yes. How you doing? My name is Frank Escobedo. I reside at 641 Northwest 7th Street Road. I currently own the old Burdine's House, the boathouse that's right before the Humpback Bridge. Not only is the -- you know, we talk about the contamination and the mammals that are swimming up and down the canals and stuff, but at the other side, on the east side of the canal, I think that once this gets dredged, you'll see a lot of improvements, and we can maybe establish something like a seafood district for restaurants or something that's a low density, and something that'll, you know, bring some vibe into the neighborhood. So, yes, it's apparent that, you know, we definitely need to approach this. And we do have a public park on our side, and, you know, and it affects both sides of the river, east and the west side. Thank you. Chair Gort: Thank you, sir. Next. Daeja O'Donoghue: Hi. Daeja O'Donoghue. I live in Spring Garden on the Seybold Canal, 691 Northwest 7th Street Road, and the canal needs to be dredged as soon as possible. During low tide -- we have two boats. Both of our boats are always on like a temporary beach during the low tides now. We've had like thousands, and thousands, and thousands of dollars' worth of repairs for the boats because the water is not -- it's not what it used to be. You can't go in the water, you can't touch the water. I mean, you know, anybody will tell you, don't put your foot in the water, don't put your arm in the water, don't let your dogs swim in the water; it's scary. At night, the fish glow when you sit on your dock. You see fish glowing when they swim by. That's not normal, so something definitely needs to be done as soon as possible. That's it. Chair Gort: Thank you, ma'am. Next. Spencer Crowley: Good morning, Commissioners. I was here not for this item, but since I'm here, I thought I would just chime in. My name is Spencer Crowley, 1 Southeast 3rd Avenue. I'm the Miami -Dade County Commissioner on the Florida Inland Navigation District. Just to reiterate the point, FIND (Florida Inland Navigation District) has awarded five one -million -dollar grants to support this project. Two of those have expired. A couple weeks ago, we heard our fifth grant application, we approved it. So we're in support. We believe it's an City of Miami Page 71 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 important project. We're happy to help. I'm trying to find ways to actually get a little more funding to the City for this, but we've committed at least initially to do $3 million. So any questions you have or anything we can do to help, we're here. Thank you. Chair Gort: Thank you, sir. We appreciate it, every additional funds you can get for us. Thank you. Daniel J. Alfonso (City Manager): And we appreciate the extra 300,000 you just committed to, by the way, because I thought it was 2.7, but thanks. Mr. Crowley: Two -point -seven? No. I committed 3 million over three years, and we'll do that -- Mr. Alfonso: Thankyou, sir. Mr. Crowley: -- if not more. Chair Gort: Thankyou; appreciate it. Thankyou. Mr. Hannon: Chair. Chair Gort: Yes, sir. Mr. Hannon: I have one last speaker signed up for item RE. 10, Emmett Moore. Emmett Moore: Hello. My name is Emmett Moore. I'm a landowner at 631 Northwest 7th Street Road. As a sailor and an advocate for clean waters, I just wanted to say it's easy to forget that the Seybold Canal connects to the Miami River, which then connects to the bay, and then the ocean, and it's in dire need of dredging, and those toxins are currently allowed to spread to our broader ecosystem. So I just wanted to point that out. Chair Gort: Thankyou. Mr. Moore: Thank you. Chair Gort: Is that it? Mr. Hannon: I have two more speakers: Ernie Martin. Chair Gort: Ernie Martin. Mr. Hannon: And Richard Veber. Ernie Martin: I'm Ernie Martin at 1000 North River Drive in Spring Garden. I'm on the Miami River Commission, and I'm also the current president of the Spring Garden Civic Association. So what 1-- everybody's talked about how this is the most polluted waterway, but let me just give you a little brief history. This goes way back to the early 1900s, when the first City Commission, which used to dump open sewage into the Wagner Creek before even the Seybold Canal was dredged. They came up with the solution of putting four barrels of perfume in what is currently the 11th Street Bridge. So that was, as you might have expected, a little bit of a superficial solution, but in 1995, when we noticed that dioxins had also been discovered, in addition to the chloroform count and the fecal matter, we figured and discovered that it was the old City incinerator on 20th Street, and this was a much more hazardous -- this is our love canal, and it's a much more serious public health issue. And then, Commissioner Arthur Teele convened an emergency public meeting, and then the solution was a little better than pouring perfume in the canal, but it was to put up "no fishing, no swimming" signs, which mostly now have faded and City of Miami Page 72 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 are out of commission. So we have waited a long time; it's been over a century. And so you heard the most recent documentation from my current neighbors and from the colleagues on the Miami River Commission. We all urge you to do something immediately about it. Thank you. Chair Gort: Thank you, Ernest. And I was asked if I sat down in that Commission meeting, that first one, but I did not sit down there. That answer your question, Commissioner Suarez? Victoria Mendez (City Attorney): Thank you. Chair Gort: I was not part of that Commission. Ms. Mendez: Thank you, Commissioner, for clarifying that. Richard Veber: Hello, again. Richard Veber, 723 Northwest 9th Avenue, Spring Garden. You've got the EPA wanting to fine. They've got money available for you at zero interest. It really needs to be done. There's a lot of ugly silt in the canal there. It's where John Seybold first put his house up. It used to, I believe, be spring fed where the water plant is, and it's just horrible that it's gotten to the way it is. It needs to be done. The businesses that -- one new business wants it done really bad. And it's flowing back into the river from the dredging that has already been done, and I hope you will work this out and get it done, please. Thank you. Chair Gort: Thank you, sir. Mr. Hannon: The last person I have signed up to speak for item RE.10 is Ruth Greenfield. Ruth Greenfield: Hello, everyone, Commissioners. I think I'm the oldest person in Spring Garden. I live in my grandparents' -- Chair Gort: You were not present at that first meeting either, right? Ms. Greenfield: Pardon? Chair Gort: You were not present at that first meeting either? Ms. Greenfield: The what? Chair Gort: You were not present at that first meeting either? Neither you and I were present at that first meeting. Go ahead; sorry. Ms. Greenfield: I have -- my grandparents moved there in 1921. The music -- Indians canoed on the river selling trinkets; we swam; we had the best feeling. Now, if I go close to the bank, I'm afraid ifI fall in, that's going to be it, so I do urge you to please take this so seriously that we can swim again. Thank you. Chair Gort: Thank you, ma'am. Commissioner Sarnoff.. We would send -- Chair Gort: That's it? Commissioner Sarnoff.. -- Commissioner Suarez in there, who's a great swimmer. Chair Gort: We'll close the public hearing. Let me tell you, when you look at this map, you look at -- the most affected is District 1 and 5, but this is a citywide issue, because all this goes into the river; the river goes into the water. It's the most contaminated facility that we have here, but City of Miami Page 73 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 we have an opportunity. We've been working on this for years. I believe we have an opportunity to do so today. Is there a motion? Commissioner Sarnoff. So move. Chair Gort: Been moved -- Commissioner Carollo: Second. Chair Gort: -- by Commissioner Sarnoff. Is there a second? Commissioner Carollo. Commissioner Carollo: Discussion. Chair Gort: Further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Thank you, Mr. Chairman. First thing I want to say is that I am definitely in favor of dredging the Wagner Creek/Seybold Canal. I think Mr. Bibeau would attest that quite a few years ago, he came to me and we addressed this issue, and asked the City to participate, and request that it be one of the priorities at the State level for funding. I also am totally in agreement with using our sunshine state loan at zero interest. I'm not necessarily crazy about the idea of using storm water utility fees to secure that loan, and listen, I could argue both sides. I understand. I have a question for the City Attorney. Madam City Attorney, even though I would imagine the answer's going to be ` yes, " is storm water utility fees an appropriate revenue source to secure the loan for Wagner Creek? Ms. Mendez: Yes. Chair Gort: Yes. Ms. Mendez: And it's no interest also. Commissioner Carollo: No, I understand. My issue's not with the sunshine state loan. My issue is what's -- what revenue source we're going to -- what pledged revenues we're going to be using for securing the loan? Ms. Mendez: Yes, we can. We can. Commissioner Carollo: Okay. I have no further questions. Chair Gort: Thank you. My understanding is we're going for a maximum of 22, but the 22 million might not have to be used especial if we get additional grants and so on; it might be less than what we -- and we withdraw according to the needs. Mr. Alfonso: Correct, Commissioners. Ms. Mendez: Correct. Mr. Alfonso: Mr. Chairman, we only will draw what is needed, based on the bids and the actual construction costs. Chair Gort: Thank you. City of Miami Page 74 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Carollo: And -- Chair Gort: Any further discussion? Commissioner Carollo: Yeah, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And again, you know, my concern, you know, stems also that, you know, listen, in the future, we're going to be also dealing with other issues, sea level rise and other issues, and I want to make sure that, you know, some of our revenues that are required to be used for storm waters and stuff of that magnitude are not already pledged or used up. So that's my only hesitation with that. With that said, I'll be voting in favor. Thank you. Chair Gort: Thank you. Commissioner Suarez, you're recognized. Commissioner Suarez: I just have a question, which I'm not sure if the Commissioner's question is the same question, 'cause there's a difference between pledging a certain revenue stream and using that revenue stream to pay the debt service. Mr. Alfonso: I think, Commissioners, the money goes into the same pot. The pledge is there so that if ever you're in such a dire situation that you have absolutely no revenue, the person that gave the loan has -- Commissioner Suarez: Recourse. Mr. Alfonso: -- a stream of revenues -- Commissioner Suarez: Yeah, has recourse. Mr. Alfonso: I'm sorry? Commissioner Suarez: Recourse. They have recourse. Mr. Alfonso: Yes, that's what it is. Commissioner Suarez: I think -- what is the actual revenue stream that we're going to use to pay the loan off? Mr. Alfonso: Well, you're paying roughly $22 million over 20 years. Commissioner Suarez: Yes. Mr. Alfonso: So about a million dollars a year, a million -one -- Commissioner Suarez: Right. Mr. Alfonso: -- for the next 20 years -- Commissioner Carollo: From? Mr. Alfonso: -- from a revenue stream that is currently about 11 to $12 million a year -- Commissioner Carollo: Which is? City of Miami Page 75 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Mr. Alfonso: -- which is the storm water utility fee. Commissioner Suarez: Right, and that's -- I think that's the point that he was making. Commissioner Carollo: Exactly. Commissioner Suarez: I think there's two -- you can pledge, for example, non ad valorem revenues, but you can have general fund, let's say, is what's paying for it. You can pledge -- have a secondary pledge of non ad valorem revenue for a CRA (Community Redevelopment Agency) that a CRA is the one that's making the payments. So I was just trying to get a handle on, you know -- he was using the word "pledge," and I was trying to get a handle on what was the actual payment stream, because when you're paying it out of storm water utility, then -- and it's not just a pledge -- that means that we can't use that money for -- which is what he's talking about -- Commissioner Carollo: Sea level rise. Commissioner Suarez: -- sea level rise. It would -- Chair Gort: Right. Commissioner Suarez: Can't use it for a flooding remediation, et cet -- it's not that we can't use it; it's that we're using it for one thing versus the other. We have a finite amount of money, so I think that's where his concern is, and I just wanted to express that clearly. Commissioner Carollo: Exactly. Chair Gort: Okay, thank you. Any further discussion? Vice Chair Hardemon: Yes. Chair Gort: Yes, sir. Vice Chair Hardemon: I think this is going to end up in the positive. It is important for us to clean up the Miami River, because it's a special part ofMiami. Commissioner Carollo: I feel (UNINTELLIGIBLE) going to be voting in favor of it. Vice Chair Hardemon: Right. So -- you know, that's -- I think that it's important that we do this, because as we stand here today -- or sit, rather, at times -- we know that we're trying to attract significant investment to the Miami River, and we want it to be a place where people can come; they can dine, they can have drinks, they can relax, where families can come together on their properties and take their boats out, and we want them to do it in a way that they can feel proud that they're a part of the Miami community. So we need to preserve this piece of our tradition that shouldn't go anywhere, really, and should only be improving. So, with that, I'm definitely voting in favor also. Chair Gort: Thank you. Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you all. We're going to have the CRA meeting at 12 o'clock. We need to take five, okay? Thank you. RE.11 RESOLUTION City ofMiami Page 76 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 15-00859 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGENCY AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"), ALLOWING THE CITY TO CONTRIBUTE AN AMOUNT NOT TO EXCEED EIGHT MILLION THREE HUNDRED FORTY SEVEN THOUSAND DOLLARS AND NO CENTS ($8,347,000.00) TO SFRTA TO DESIGN, CONSTRUCT, AND FINANCE THE IMPROVEMENTS OF THE PASSENGER RAIL SERVICE WITHIN THE CITY LIMITS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 15-00859 Summary Form.pdf 15-00859 Legislation V2.pdf 15-00859 Exhibit - Agreement V2.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RE.12 15-00858 City Manager's Office Note for the Record: Item RE. 11 was deferred to the July 23, 2015 Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGENCY AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"), ALLOWING THE CRA TO CONTRIBUTE AN AMOUNT NOT TO EXCEED SEVENTEEN MILLION FIVE HUNDRED TWENTY EIGHT THOUSAND DOLLARS AND NO CENTS ($17,528,000.00) TO SFRTA FOR THE PROPOSED EXTENSION OF THE SFRTA RAIL SERVICE TO DOWNTOWN MIAMI, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 15-00858 Summary Form.pdf 15-00858 Legislation.pdf 15-00858 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item RE.12 was deferred to the July 23, 2015 Planning and Zoning Commission Meeting. END OF RESOLUTIONS BOARDS AND COMMITTEES City of Miami Page 77 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 BC.1 15-00853 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. BC.2 14-00964 Office of the City Clerk APPOINTEE: Howard Miller 15-00853 Arts CCMemo.pdf 15-00853 Arts Current_Board_Members.pdf NOMINATED BY: Mayor Tomas Regalado Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0295 Chair Gort: The -- you all want to do the board appointees or you want to waive that? I'm going to waive all mine. Nicole N. Ewan (Assistant City Clerk): Chair, I'll take about two minutes for all the board appointments. Chair Gort: Okay. Commissioner Suarez: You're on the clock, baby; 3:44, let's go. Chair Gort: Go ahead. Ms. Ewan: BC.1, Arts & Entertainment -- Chair Gort: I'm timing you. Ms. Ewan: -- Council: Mayor Regalado will be reappointing Howard Miller. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY City of Miami Page 78 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 BC.3 15-00854 Office of the City Clerk BC.4 14-00967 COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-00854 Bayfront CCMemo.pdf 15-00854 Bayfront Current_Board_Members.pdf NO ACTION TAKEN 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 79 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 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 15-00855 NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Keon Hardemon Commission At Large 15-00855 CSWMAC CCMemo.pdf 15-00855 CSWMAC Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0296 Nicole N. Ewan (Assistant City Clerk): BC.6, Commercial Solid Waste Management Advisory Committee: Chair Har -- Vice Chairman Hardemon will be reappointing himself to the board. Commissioner Suarez: Move it. Commissioner Carollo: Second. City of Miami Page 80 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 BC.7 15-00413 Chair Gort: Been moved and second Any discussion? Being none, all in favor, state it by saying afye. The Commission (Collectively): Aye. RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lyse Cuellar -Vidal Mayor Tomas Regalado 15-00413 CRB CCMemo.pdf 15-00413 CRB Current_Board_Members.pdf 15-00413 CRB Memo and Resumes.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0297 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Lyse Cuellar -Vidal as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Lyse Cuellar -Vidal as a member of the Community Relations Board. Nicole N. Ewan (Assistant City Clerk): BC.7, Community Relations Board: Mayor Regalado will be reappointing Lyse-Cuellar Vidal, who requires a four fifth attendance waiver. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: Been moved and second Any discussion? Being none, all in favor, state it by saying afye. The Commission (Collectively): Aye. BC.8 RESOLUTION 15-00414 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 81 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Renita Holmes Commissioner Frank Carollo 15-00414 CSW CCMemo.pdf 15-00414 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0298 Nicole N. Ewan (Assistant City Clerk): BC.B, Commission on the Status of Women: Commissioner Carollo will be appointing Renita Holmes. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved and second Any discussion? Being none, all in favor, state it -- Renita Holmes: Wait a minute. Wait a -- (UNINTELLIGIBLE). Commissioner Suarez: Come on, man. Vice Chair Hardemon: Come on. Go ahead. Chair Gort: (UNINTELLIGIBLE) for. Commissioner Suarez: Terrible. Chair Gort: All in favor, state it by saying lfye. The Commission (Collectively): Aye. BC.9 RESOLUTION 15-00291 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (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 NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City of Miami Page 82 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 BC.10 RESOLUTION 15-00415 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.11 15-00584 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP AFSCME 1907 15-00415 EOAB CCMemo.pdf 15-00415 EOAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose M. Fernandez City Manager Daniel J. Alfonso 15-00584 Finance CCMemo.pdf 15-00584 Finance Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 83 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 R-15-0299 Nicole N. Ewan (Assistant City Clerk): BC.11, Finance Committee: City Manager Alfonso will be reappointing Jose Fernandez. Commissioner Carollo: Move it. Commissioner Suarez: Move it. Second. Chair Gort: Been moved and second Any further discussion? Being none, all in favor, state it saying aye." The Commission (Collectively): Aye. BC.12 RESOLUTION 15-00418 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 15-00418 MIC CCMemo.pdf 15-00418 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.13 RESOLUTION 15-00586 NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 15-00586 MSEA CCMemo.pdf 15-00586 MSEA Current_Board_Members.pdf City of Miami Page 84 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 NO ACTION TAKEN 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. APPOINTEES: NOMINATED BY: James Murley Mayor Tomas Regalado Tabitha Cale Vice Chair Keon Hardemon 15-00703 Sea Level Rise CCMemo.pdf 15-00703 Sea Level Rise Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0300 Nicole N. Ewan (Assistant City Clerk): BC. 15, Sea Level Rise Committee: Mayor Regalado will be appointing James Murley; Vice Chair Hardemon will be appointing Tabitha Cale. Commissioner Carollo: Move it. Chair Gort: Moved by Commissioner Carollo. 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. City of Miami Page 85 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 BC.16 RESOLUTION 15-00588 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 15-00588 UDRB CCMemo.pdf 15-00588 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.17 RESOLUTION 14-00867 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gene Tinnie Mayor Tomas Regalado 14-00867 VKBPT CCMemo.pdf 14-00867 VKBPT Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0301 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Gene Tinnie as a member of the Virginia Key Beach Park Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of City of Miami Page 86 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 BC.18 15-00421 Office of the City Clerk the City Commission, as it relates to Gene Tinnie as a member of the Virginia Key Beach Park Trust. Nicole N. Ewan (Assistant City Clerk): BC. 17, Virginia Key Beach Park Trust: Mayor Regalado will be reappointing Gene Tinnie, who requires a 5-5 term waiver. And Commissioner Carollo, would you like to go ahead with your reappointment? Commissioner Carollo: No. Ms. Ewan: No, okay. Chair Gort: Okay. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Fuentes Mayor Tomas Regalado 15-00421 WAB CCMemo.pdf 15-00421 WAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0302 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Jose Fuentes as a member of the Waterfront Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Jose Fuentes as a member of the WaterfrontAdvisoty Board. Nicole N. Ewan (Assistant City Clerk): BC.18, Waterfront Advisory Board: Mayor Regalado will be reappointing Jose Fuentes, who requires a 5-5 term waiver. Commissioner Suarez: Move it. Commissioner Carollo: Second. City of Miami Page 87 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 DI.1 15-00726 City Commission Chair Gort: Been moved and second Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. DEFERRED Note for the Record: Item DI1 was deferred to the July 23, 2015 Planning and Zoning Commission Meeting. Chair Gort: Discussion Item 1, my understanding, was deferred. DI.2 DISCUSSION ITEM 15-00764 City Manager's Office MARINE STADIUM UPDATE. DISCUSSED A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, directing the City Manager and City Attorney to draft and issue a Request for Letters of Interest (RELI) and Request for Proposals (RFP) for the design of Marine Stadium. Chair Gort: RE.11. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Mr. Chair, could we take D1.1 -- I mean, I'm sorry; DI.2, Marine Stadium update? Could we take up item DI2, Marine Stadium update, since we're on the topic? Chair Gort: Go ahead, yes. Ms. Bravo: Okay. Well, in a Commission meeting a few weeks ago, we presented a plan prepared by a consultant, and we had a brief discussion. It was late, at the end of the Commission meeting, but the discussion centered about a steering committee for the stadium. Another issue that we need to discuss is actually the fact that we received a grant from the State for a million dollars for design, and we need to move forward and select a consultant for that. However, the entire design cost for the rehabilitation of the stadium is estimated to be $3.2 million, so we wanted to discuss today that we would have to appropriate the other 2.2 million in the near future, and if everyone is supportive of that, then we could move forward with the procurement of a consultant, but without the matching funds, we really can't use that grant. Chair Gort: Right. Thank you. Commissioners, do I have a motion? Todd B. Hannon (City Clerk): Chair, it's a discussion item. Ms. Bravo: Right. Chair Gort: It's discussion. You don't need a motion or --? City of Miami Page 88 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Ms. Bravo: Well, in essence, that's the issue. The design of the rehabilitation of the stadium is estimated at 3.2 million. We have a grant from the State for 1 million. We need to move forward with the procurement of a consultant, but we need a consensus that we'll be appropriating the balance of the design cost, the 2.2 million, in the near future. So it would probably be part of the capital plan update in September. Commissioner Sarnoff. I still think -- I said this probably in my fourth meeting now. I still think you should be going out to procurement process or an RELI (Request for Letters of Interest) process that the private sector tells you what they think the use of that stadium is, because I think that will influence your design. Ms. Bravo: And I don't disagree with that, but the grant from the State for the million dollars has a deadline of June 2016 that we can extend but we need to get the process underway. Commissioner Sarnoff. Ergo, why I said I've been saying this for the fourth time. Had the City acted when I said to do it the first time, you would have had a procurement, you would have had, let's call it, RFLIs, or you would have had REP (Request for Proposals) responses, and you wouldn't say we're running up against a deadline. And candidly, you could draft this in 20, 30 minutes as to what you think the request is from the private sector to tell you what the use of the stadium would be. You would have 30 -- well, who knows how many you'd have -- responses, but that would influence what the design would be. Ms. Bravo: And that can be done concurrently with advertising for a design consultant. Commissioner Sarnoff Sorry? Ms. Bravo: That could be done concurrently with advertising for a design consultant. Commissioner Sarnoff Maybe -- you know, I guess anything can be done concurrently, but it seems like you put the cart before the horse, and I'll just go on record saying, `I think you put the cart before the horse," because you're asking somebody to design something prior to finding out what the use is; and if you don't know what your use is, then you're designing what you want, not what the private sector thinks the use is. Ms. Bravo: But it's going to take a few months to select a design consultant, so there's -- Chair Gort: Question: My understanding is the design has to be in compliance what is existing there right now. Ms. Bravo: Right. Chair Gort: There's not much you can variate [sic] from that. Ms. Bravo: And the most essential part of the design consultant's role is a thorough structural investigation. That's going to take months; detailed estimates -- Chair Gort: The bottom and the whole works, and so on. Ms. Bravo: -- of what the structural damage is. Chair Gort: Yes. Ms. Bravo: Correct. City of Miami Page 89 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Okay. The question is, if we say it's okay, where will you believe the 1.2 that we need, where it would come from? Ms. Bravo: That would be brought up as part of the updated capital plan when the budget is updated in September. Chair Gort: Okay. Any further question? Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: You know, I think district Commissioner is doing a wonderful job. You know, we appointed him to negotiate with Key Biscayne, and, you know, only he knows how well or how poorly those negotiations are going. Obviously, those are confidential, but, you know, I think, if you feel -- we asked you to quarterback this kind of "A "-to- "Z" type of deal, so if you feel that we should be going -- it's not my -- and I -- you've heard me say that it's not my -- necessarily a preference to -- Commissioner Sarnoff Right. Commissioner Suarez: -- go to an RFI [sic] or whatever, or an RFP or an RFQ (Request For Qualifications) on this, but if you feel that that's what's best to be done now, given what you know, that we don't necessarily know, and given where you think things are and -- if you don't think that's going to disturb you in any way, shape, or form in terms of what you're trying to accomplish, I'll support it. Commissioner Sarnoff I just think -- I think it makes sense -- look, there -- she's right about one -- Alice Bravo is right about one thing: This is going to have to be a structurally sound building, regardless of what we do. I concede that point, obviously. But there are some nuances to this that, I think, once we get an idea of what the use is, that can change some design criteria, and I just think we could -- I think we could have done that two months ago. I think we could have done that three months ago. And I just think we should get started And you're right, I think you will -- I think there's a good outcome, hopefully. Commissioner Suarez: Okay. Ms. Bravo: And through the Chair -- Chair Gort: We can do them both. Ms. Bravo: -- the governance structure that we discussed last time is also a step in determining the use. Commissioner Sarnoff. Right, who makes that call. Right. Commissioner Carollo: Mr. Chair. Chair Gort: Yes, sir. Commissioner Carollo: Okay. So we're discussing probably doing an RFLI right now or -- and do we have to vote on it? Because it seems to me it was pretty broad, "Marine Stadium update." I thought it was going to be an update on where the negotiations are. I thought we were going to be discussing what happened with the mangroves, which, to be honest with you, I think is just -- I'm really disappointed about what happened with the mangroves, so I thought we were going to City of Miami Page 90 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 have some type of update about that; at least that's what the Manager told me. So it seems like we're going all different directions and there's no clear path. So I kind of want to, you know, make sense a little bit more of what exactly is this "Marine Stadium update." And if -- and it wasn't my intention to vote on anything right now, whether an RFLI or not or -- Ms. Bravo: And -- Commissioner Carollo: -- you know. Chair Gort: Commissioner, my understanding is we're not voting on this. We're discussing this item. My understanding, if you recall, we asked Commissioner Sarnoff to take the lead and the negotiation is taking place. He's been doing that. I think he's doing a great job. And right now, he doesn't want to interrupt that. Commissioner Carollo: Right. It was my -- and in my briefing the other day, it was my understanding that yesterday, they met, and that today, we were going to get an update, and that's part of what this up-- this "Marine Stadium update" is; what happened with negotiations. That's what my interpretation was when I met with the Administration. That's part 'A." Part "B" was to have a clear discussion with what happened with the mangroves, what's being done, et cetera, et cetera, and I want to make sure that we have that discussion also, because I just can't fathom that this City, you know, just overlooks that and just tears up, you know, an environment -sensitive area and there's no outcry, because I think it's just outrageous that the City did that. Commissioner Suarez: Mr. Chair. Chair Gort: I agree with you. Yes. Commissioner Suarez: Yeah. 171 opine on a little bit on what the Commissioner is saying. In my briefings, that was a big part of what we discussed and I was told that we were going to have a letter, which I don't believe I've received I'm just looking through my emails to see if maybe I missed it, because that happens sometimes. But I was told that I was going to have a letter detailing what the response was going to be, and detailing who was going to take responsibility for it, and that's something that I think I did not get. So I don't know why I didn't get it. Victoria Mendez (City Attorney): If I may? I think that right now, the discussion of what happened with the mangroves may be a little premature. We're having discussions with the involved entities -- Commissioner Suarez: But I was told -- Ms. Mendez: -- in order to -- Commissioner Suarez: With all respect, that was told -- you weren't at the briefing. I was told that -- at the briefing, I was told that we were going to have an update before the Commission meeting; that's what I was told. Commissioner Carollo: And Mr. Chairman, if I may? Chair Gort: Yes. Commissioner Carollo: I was told we were going to have the update at this Commission meeting that was part of the Marine Stadium update. And when you say, "it's a little premature," it's been over a week. City of Miami Page 91 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Ms. Mendez: I understand. But in dealing with these issues and with the various agencies -- Ms. Bravo: Commissioners. Commissioner Carollo: And the bottom line is that, you know, they were wiped out. So I want to make sure it doesn't happen again. I want to make sure, you know, what changes are we making; why did it happen. I mean, I thought that was going to be part of the update today. Ms. Bravo: Well, Commissioners, our contractor was instructed to remove exotic invasive tree species that were out there. Amongst those, there were some mangroves; it was not all mangroves. Our contractor mistakenly removed mangroves amongst the species that were removed. We're coordinating with DERM (Department of Environmental Resources Management) to mitigate, and the contractor has agreed to take responsibility for his actions. Commissioner Carollo: And real quick -- because I have seen this time and time again -- there must have been a project manager from CIP (Capital Improvements Program) or from the City of Miami there making sure that whatever is done is correct. And if not, I think -- and listen, I don't want to speak to all of -- about all of them, but I think some of these project managers are out to lunch when the workers are actually doing the work or the consultants, because how can you allow that to happen? This is the City of Miami. How can the City of Miami allow that to happen? Chair Gort: Question: One of the response that the Commission would like to hear, that this type of thing will not happen again; that we -- I'm sure the Administration is going to be taking care of that; any other project that's going to be done within that sensitive area, we're going to make sure we going to have supervisor there making sure it's going to get done. Ms. Bravo: Absolutely. Chair Gort: And as soon as you have a plan that's been accepted by the agencies, please report it to all of us. Ms. Bravo: Yes. Chair Gort: Thank you. Ms. Bravo: So -- Chair Gort: Commissioner Sarnoff, this is your district. You've been working on this. What is your wish? Commissioner Sarnoff.: You know, we cannot talk about the mediation, that's number one. I really feel impassioned. I don't think we talk -- I think we should start the RFLI, RFP process just to find out who's interested, because 80 percent of what we're talking about is going to be the structure, but that 20 percent wiggle room, if you will, is going to provide different design criteria. And I think, in parallel path, if you will, we can now start thinking about some sort of governing body that would help in that selection, and that might grow into something that might be very interesting for all of us. So I would suggest, Mr. Chair, that you would instruct the City to start drafting the RFP, RFLI process. Chair Gort: For both? For the -- Commissioner Sarnoff.. I think (UNINTELLIGIBLE) -- Chair Gort: For the design and -- City of Miami Page 92 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Sarnoff.. Correct. Chair Gort: -- we pick them out the same time -- Commissioner Sarnoff.. I think -- Chair Gort: -- and by the time we get them both, we can have both operating. Commissioner Sarnoff.. And I think the -- Chair Gort: Okay? Commissioner Sarnoff.. -- City attorney is adept and knows what is going on, and she would be in a position to start that drafting in one aspect. And I think the Administration would be adept to do the drafting for the design -- well, for the RE -- I'll call it an RELI for better -- want of better words. Chair Gort: Okay. I don't think you need a motion. Mr. Hannon: It's a discussion. Commissioner Suarez: Direction. Chair Gort: I think if you want to, you can make it a motion, but just direct the Administration to do the following. You want to make a motion? Commissioner Sarnoff. So move. Commissioner Suarez: Second. Commissioner Carollo: Discussion. Chair Gort: Moved Moved -- it's a discussion. Commissioner Carollo: This doesn't bind us to anything. This is just -- Commissioner Suarez: No. Commissioner Carollo: -- to see what exactly the interest is out there. Commissioner Sarnoff. Everything -- Chair Gort: Right. Commissioner Sarnoff.. -- comes back to us. Commissioner Carollo: And everything comes back to us, but it's to see what the interest is out there. And even the way it's going to be governed, it would not affect that. Okay. Commissioner Suarez: Yeah. Commissioner Carollo: I (UNINTELLIGIBLE). Commissioner Suarez: Yeah, and I would -- City of Miami Page 93 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Carollo: I'm okay. Commissioner Suarez: -- just say, initially, my initial thought -- and I think -- I'm partially to blame, I think, for wanting to hold off, because my initial thought was how do you do this if you haven't decided the intensity of use issue? That was my initial thought. But, you know, it's possible that it could be helpful. It doesn't have to necessarily be hurtful to that issue. And when we're asking for ideas, as the Commissioner just said you know, we're not bound by whatever it is proposed, but it's something that can be instructive for purposes of -- if I were negotiating -- if I were the one that was negotiating, I would want to know what can this be used for, to be fully informed before, you know, negotiating. So it actually could be a tool. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: And if I can just say one last thing, Mr. Chair? Chair Gort: Sure. Commissioner Suarez: Just a point of privilege. I would say that the County's looking to us to move, so anything that we do that shows progress is helpful. Chair Gort: Definitely. Commissioner Carollo: Mr. Chairman. Chair Gort: RE (Resolution) -- Yes. Commissioner Carollo: Before we move on to the next agenda item, I definitely want to know when are we going to get a full update on what happened with the mangroves; who was the project manager; where are we; how could it -- we avoid this from ever happening again, and on and on and on. I mean -- Chair Gort: Mr. Manager, you want to -- Daniel J. Alfonso (City Manager): Mr. Chairman and Commissioners, I do apologize, because I was intending on getting a written report out on that issue. It's not ready; it needs more work. We need to work with the Legal Department, as well, to know exactly what it is that we are going to put down on the report. So it will take some time, but we will come back to this Commission. Commissioner Carollo: Mr. Chairman, I want to -- Chair Gort: Yes. Commissioner Carollo: -- know a time. When will you be coming back to this Commission? Now it's July 23. And if you miss that day, it's September sometime. Mr. Alfonso: I don't -- Commissioner Carollo: I want to know, when will we know from the Administration what occurred and all of that? Mr. Alfonso: We will strive to have it for you for the first meeting in September, Commissioner. City of Miami Page 94 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Carollo: I think, I think, I think the Administration owes it to the residents of the City of Miami before the first meeting in September. Chair Gort: I can understand that; it's your wish, and I understand, but we also have to do the right thing, and we got to make sure we consult with everyone that we working with and all the different agency, and the right plan is being put together so we won't have the same problems again. Commissioner Carollo: Understood Chair Gort: Okay. Commissioner Carollo: But Mr. Chairman, what does all these other agencies have to do with it? Chair Gort: You want to make a motion? Commissioner Carollo: You know -- Sure. I want it as soon as possible, butt want to be reasonable. Yes, absolutely. I think September 1 is way too much time. I mean, all these other agencies. Was all these other agencies involved in the butchering of the mangroves? I don't think so. So I'm sorry; it's just not acceptable. It is just not acceptable. Ms. Mendez: It really has to do with liability purposes, and that's really what it is. And we just want to be clear that evetybody knows what evetybody did and what everybody's responsible for. That's all. Commissioner Carollo: Understood And how long is that going to take, Madam City Attorney? And I'm saying this with all due respect. Ms. Mendez: No, I understand. I understand your frustration. It's just mangroves are a sensitive issue to everyone, and we just want to make sure that whoever did what they did are responsible with regard to what they did; and wherever the City is not liable, I would like to preserve all those opportunities. That's all. Chair Gort: And we're also going to put an mediation plan together that's going to be presented to DERM (Department of Environmental Resources Management) and other agency have to be responsible for. Commissioner Carollo: See. And I'll go a step further. Yes, it is a little personal for me. I was born and raised in the City. I used to go to the Marine Stadium. I used to see the mangroves, you know, so, yes, it's personal to me; you know, as a long-time residents [sic] of the City of Miami, you know. And I think it's insulting that the City of Miami does this and there's no response, and you want to give some type of report in September after the summer? That's just unacceptable. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Look, I think the frustration comes from the fact that, obviously, this is a very sensitive issue, ecologically; it's sensitive, personally. But if we were going to get a response -- we were being told we're going to get a response before today's meeting and it's not there, so, you know, I don't see why we can't have a response at least as to who's responsible and what the path is. It doesn't mean that there has to be a total agreement on what the -- you know, that DERM has -- doesn't necessarily have to have weighed in, but if you've already put on the City of Miami Page 95 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 record -- if you've already put on the record, essentially, that the contractor made a mistake and the contractor's going to be responsible, that's what I would have expected in the letter, at the very minimum. Now, that doesn't necessarily mean that that's the whole remediation plan, and maybe that'll take a little bit longer, but at least for purposes of the public knowing that we're holding the people responsible, accountable, I think that's an important first step. And then the second step can be, you know, what is -- what exactly is our remediation plan going to be? But I think the request is reasonable. If we were going to get it by -- if your expectation initially was we were going to get it by Thursday, then I -- certainly, we could have it within the next two weeks. I think that's a reasonable request. Mr. Alfonso: Commissioners, I believe we did put on the record that the contractor cut plants that he wasn't supposed to cut, and we are expecting him to be responsible for that. That, we put on the record. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: The one thing I will say is that at the time -- I think I probably learned about the mangroves being cut the same time as the -- well, I guess within seconds of the CIP director -- yeah -- recognized that they were being cut, and it was somewhat of an excited utterance, if you will, for us lawyers, because I was sitting in the car with him when we were touring some other sites within the City of Miami, and his level offrustration rustration was the highest I have ever seen. And he immediately reacted to the person on the phone, telling him that the mangroves had been cut, and he was extremely frustrated, and I can could see, visibly, his frustration, as well as hear him as he stepped out of the car to continue that conversation. And then we went and reviewed the mangroves at the exact moment, maybe within 10 minutes that he got that phone call. So I wanted say, I wasn't there when it was cut. I wasn't part of -- I didn't see or neither did he see who actually did the cutting, although we know who's ultimately responsible, but I can say that it was not the City of Miami, especially its leadership, who made the decision to cut the mangroves for any reason, because the reaction from what I saw from our leadership then, at the time that he learned that the mangroves had been cut, was just the same reaction that I feel that the community has been giving when they learned about that it was cut. And it just -- as they try -- and I just want to make that statement, because I was around and I saw how the reaction happened when we learned of it being cut. So I just want to make that very clear, if that goes for anything. Chair Gort: Okay. Commissioner Carollo: I think it's extremely reasonable if, by the next Commission meeting, we should have the report. That's what -- that's my opinion, and I think that's extremely a reasonable timeline. Chair Gort: Whatever you have ready for the next Commission meeting, you bring it up to us. Mr. Alfonso: Okay. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Commissioner Carollo: PZs (Planning & Zonings)? Chair Gort: Madam Attorney, PZ. Victoria Mendez (City Attorney): We will now begin the Planning & Zoning items, and I will City of Miami Page 96 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 state the procedures to be followed during this portion of the meeting. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by the City staff and the City Attorney on items on the agenda today. The members of the City Commission may -- shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of Miami 21 Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the item, they may also waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commission that has 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. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll be speaking on any of today's Planning & Zoning items, 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: Thank you. PZ.1 ORDINANCE 15-00719Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE 2020 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2970 SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT; 2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957, 2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983 SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-007191u SR Fact Sheet.pdf 15-007191u Analysis, Maps and PZAB Reso.pdf 15-007191u-Submittal-Raymond Carrero-Aerial Map, Photo, and Property Appraiser Summary Rep 15-007191u Legislation (v2).pdf 15-007191u Exhibit.pdf City of Miami Page 97 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 LOCATION: Approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00719zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 1, 2015, by a vote of 8-0. PURPOSE: This will change the land use designation for above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: PZ 1. Luciana Gonzalez (Assistant Director): Good afternoon. Luciana Gonzalez, Planning & Zoning Department. PZ.1 and 2 are companion items for a land use and zoning change for several properties immediately north of the Bird Road Corridor between Southwest 37th Court and Southwest 39th Avenue. It is a City application before you on first reading. The change on the land use side is from duplex residential to low density restricted commercial, and on the zoning side is from T3-O to T4-L. The Planning & Zoning Department recommends approval. The PZAB (Planning, Zoning & Appeals Board) recommended denial by a vote of 9-0. The subject area consists of approximately 3.8 acres and contains 17 parcels. There was a community meeting held previously prior to this being presented to you today. And with that, I'll be happy to answer any questions you may have. Chair Gort: Thank you, ma'am. This will be a public hearing. 171 open the public hearing now for PZ 1 and PZ 2. Anyone in the public would like to address this issue? Todd B. Hannon (City Clerk): Chair, I'll go ahead and read the names out. Chair Gort: Okay. Mr. Hannon: First three speakers: Brian Bailine, Nathan Vedrani, and Renita Holmes. Nathan Vedrani: Commissioners, Nathan Vedrani, 3850 -- Chair Gort: Bring the mike up. Mr. Vedrani: -- Bird Road, Miami, Florida. We're the owner of several parcels within the rezoning area, and we are in support of the City's efforts to create a better buffer between the high intensity commercial on Bird and the residential parcels behind. So we are in favor of the rezoning. Thank you. City of Miami Page 98 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Thankyou. Ryan Bailine: Good afternoon. Thank you, Chair. Ryan Bailine, with offices at 333 Southeast 2nd Avenue. Mr. Vedrani is the client who I'm here with today, but as a point of procedure, there is another lawyer for another property owner in the area who's here to speak in favor of the item, but he's not registered as a lobbyist, because it's not normally his practice of law. So I was just requesting if you would call up Mr. Caruso [sic] so he could provide information as -- he's not registered as a lobbyist; he can't come up himself. Commissioner Suarez: I'll be more than happy to hear his -- Chair Gort: Okay. Commissioner Suarez: -- what he has to say. Chair Gort: Commissioner Suarez, you calling the gentleman? Commissioner Suarez: Yeah. Raymond Carrero: Good morning. Raymond Carrero of -- counsel for Feldman Law. We represent Benjamin -- sorry -- Sherman Williams. They own a property near the zoning area, but not in the proposed zoning area change. It's 3801 Southwest 40th Street. It's just south of the border of where the zoning is going to occur. In between my client's property and the edge of where the zoning is going to begin, there's a small one -lane alleyway; and in that alleyway, my client uses that alleyway to access their loading dock where they receive shipments for inventory of paint that they sell at a retail store. And our main concern and what was stated at the previous hearing before the Planning & Zoning Board was that the City had no intention to do anything with that alley in terms of disrupting access for the people who have lots on that alleyway, and we just want it restated on the record here if that is the case, that the City has no intention to either temporarily or permanently disrupt my client's access to that loading dock, because it's a significant part of their business. They need to get their inventory shipped in order to sell it. So, if we can get assurances as to that, then we generally won't have an objection. But if there is going to be some kind of disruption, we would have to object. Chair Gort: Thankyou. Mr. Carrero: I also have -- if the Committee will accept it, I have some photographs -- aerial photographs of the property highlighted with delineations, if you want to take a look to see exactly what I'm speaking of. Commissioner Suarez: To the Clerk. Mr. Carrero: Thank you. Chair Gort: Give it to the Clerk. Yes, ma'am. The -- there's no -- Ms. Gonzalez: This is strictly a zoning change and a land use change. There are no intentions at this time to make any changes to the alleyways. Chair Gort: Thankyou. Yes, ma'am, you're recognized. Renita Holmes: Thank you, Mr. Chair. Regarding -- I had a great opportunity -- Madam Holmes, 350 Northwest 4th Street, Opportunities for United Restoration of Our Homes -- to attend a meeting down at the County, since I had an agenda there at that time, regarding the Florida Department of Transportation, and it's ongoing aesthetic, architectural design and City of Miami Page 99 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 community engagement part of this process, so it was a very interesting meeting. And in the attendance of the meeting, I felt a little bit odd again, but there were lots of women there. I'm a person that believes in smart growth, you know, and this -- we got an expression, "Hotel" -- a song, and by all means, I'd rather sing it, because it sounds better when you're singing it, instead of saying it. But it's the fair phrase, "Hotel, Motel, Holiday Day Inn. If your friend start acting up, then you take a friend," okay? And when you have a commun -- the relevancy? -- you have a community that has a hotel smack dab in the middle of it, and we've got this on that side and that on that side, and so I was wondering what were the late -night hours of this community meeting. And so I decided to ride my bicycle through on the way here as much as I could. When we talk about a CDM (Construction, Design & Management) process to what I'm reading according to the 163.33184 [sic] or 7, there is more information that's required for people to make decisions about what's going to change, like the traffic and the -- all the aesthetics that were discussed, but yet, I didn't see any of those folks there. When I look at the population of folks that are there, Commissioner -- Chairpersons [sic] and Commissioners, these are not folks that could possibly comprehend. You know, I read this law. And I'm glad to see Mr. Tucker is here today. That's wonderful. But on the other end, whatever Mr. Tucker's client needs, the other side needs or needs to have according to the State statute for the change or any modification of the comprehensive master plan in the CDM process. I could be a little bit off, but here's my thing: When you're dropping something around people, and you've got the State involved and you've got the City involved and you've got the County involved, and there's been one meeting, and people are great to say, "Okay, we did the one meeting, " are we doing smart growth or we're doing growth? Are we doing something just to be doing it, or are we doing it the right way? And I guess my question for the Commission is, are we doing it according to the Statute 163? Is all that environmental, and all that fiscal impact, and all that been given to the residents? Because if not, I'd like to give you the results of my survey. Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you. Chair Gort: Anyone else? Mr. Hannon: The last three speakers I have signed up for items PZ. 1 and 2: Seth Sklarey, Ileana Sroczynski, and Patrick Sullivan. Seth Sklarey: Seth Sklarey, Box 332 and 72, Coconut Grove. The only comment I have on this particular area is it's becoming a concrete canyon in there, you know, just kind of walled up buildings along, you know, Bird Road. And in the new construction, I haven't seen any landscaping at all, and I don't know what the proposals are, but I would certainly like to see some landscaping, because otherwise, we just have all concrete, number one. Number two, I ride a bicycle over there, and it is very dangerous over there. It's the only transition area between Coconut Grove and Coral Gables on Bird Road, you know, unless you come back around, you know, near the Metrorail. And there are some safety issues there that really have to be looked at from an engineering standpoint, and I would request that the City put in a -- just a request to see what is planned for that particular area. I was walking along the sidewalk there with someone else, and they hit into a sign that said, you know, "Metrorail This Way," or something, and it was at a five-foot height, which is below the design standards. You know, you have to have a certain height. And it was just placed there. I complained, and they told me it was a County road and they're responsible for it. But these kind of things have to be made aware of and somebody has to overlook it, like the Manager of the project. Somebody's got to, you know, be in charge of just looking over and see what's going on. And so I just ask that -- you know, as a former building inspector, I know that there -- you have to look at every part of the design process, and I would like to look at the landscaping on this one and the design for pedestrians and bicycles. Thank you. City of Miami Page 100 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Thank you, sir. Next. Yes, ma'am. Ileana Sroczynski: Hi. Good afternoon. My name is Ileana Sroczynski. I have been and I am the property owner at 3751 Southwest 29th Street since 1970. The traffic in this area is not just the construction, but there's three multifamily buildings that have gone up between 37th Avenue and 38th Avenue. The traffic increases; nobody looks about it; nobody cares about it. There's hardly any way to get into the Metrorail Station. There's a bunch of petty theft in that area that the police does not encourage reporting. I know because I've called them multiple times. The other thing that I'm looking at is all these new construction and everything that is going on from the drainage and, you know, the additional taxes that are coming up for the residents in that area. This is not a wealthy neighborhood, so the people in that area depend on public transportation. They need to be able to get there without having to walk 10 blocks around all the construction. And what do you foresee as far as taxes and all the extra expenses that are coming, because all this drainage is blocked and whatever else because of the construction? Thank you. Chair Gort: Thank you, ma'am. Yes, sir. Patrick Sullivan: I've lived at 3851 Southwest 29th Street, a block from this lady, for five years. That's right in the neighborhood, but I'm across the street from the proposed zoning change area. And what I've seen in the past five years with the new construction on Bird Road is an increase in people trying to skip the congestion on Douglas Road and on Bird Road, and it's to the point where -- there are three intersections between me and -- between my house and Douglas Road. They didn't have -- they were two-way stops when I first moved in; now two of the three are four-way stops, because there are so many accidents there. The accidents are primarily from nonresidents coming through there. And I'm sure they'll make my corner a four-way soon, because there was an accident there two weeks ago again. There are always cats and dogs hit in that area. It's a wonder that a child hasn't been hit. And the only thing that's going to happen with the proposed change is a bigger increase in traffic through there, because then you'll have several times the number of people actually living there. And already, we're worried about the change from all the high-rises going up within three, four, five blocks of this zone. So I think, in the interest of safety and quality of life, it's a very bad proposal. You can already put duplexes in there, and there are a lot of new duplexes going up that are newer and better quality, and will increase the value of the area, I think. So my name is Patrick Sullivan, by the way. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Thank you. Yes. Commissioner Suarez: Yeah. I want to address Mr. Sullivan's concern, because I have a similar -- it's somewhat different because it's not being rezoned, the area that -- in my district, but it's similar in terms of the character, and it's experiencing the same problem. It's on 37th Avenue, between 16th Street and 12th Street, 37th and 34th Avenue. It's next to the large cemetery, Woodland Cemetery. So what we've done -- just to kind of get -- give you an idea and give your Commissioner an idea, not that he needs any ideas from me, because he's very adept at executing on capital improvement plans. We presented a traffic calming plan to the County. The County's the one that approves all traffic control devices. So we approved a comprehensive traffic calming plan, which had a traffic circle so that no one could run through, like a stop sign like they would do right now; traffic tables so that they're physically required by physical impediment to slow down because what happens is -- the reason why people are cutting through your neighborhood and that neighborhood is because they think they can save time, at the end of the day. They think they can save a couple of seconds, and they're so busy that, apparently, they want to put people's lives at risk, or people's children's lives at risk, or people's pets at risk, you know, so they can cut through and save a couple seconds. So my philosophy has been -- and I think I've gotten the County to buy into it -- that if you put physical impediments, City of Miami Page 101 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 engineering -based impediments -- because you can't put a police officer there 24 hours a clay. That's just not feasible. But you can create a plan for a neighborhood and dramatically change the character of the neighborhood, the feel of the neighborhood, and it will actually feel like a very walkable community, and it will not be inviting to the cut -through people. So I just want to put that on your radar. And, you know, obviously, the Commissioner knows how to do it, but you know, just kind of put it on his radar screen, as well. Mr. Sullivan: And that's something -- Chair Gort: Thankyou. Mr. Sullivan: -- we've actually requested several times. We've called the Zoning people and called other people in the City, and asked for traffic circles, and asked for other -- the traffic calming -- the speed calming devices, and they've done -- they've come out several times and put down counters and decided against it, even though I've -- Commissioner Suarez: Yeah. Mr. Sullivan: -- counted the vehicles going by my house. On a typical weekday, and not during commuting time, you'll get several hundred vehicles going down -- and I live on a double cul-de-sac -- they go down and then make a U-turn and come back out again. Commissioner Suarez: Let me tell you that what you're saying -- the stove that you're saying is very much in line with what all our residents say. If you look at the empirical data -- I'm not talking about anecdotal. What you're saying is anecdotal. But if you look at the empirical data, the County denies -- in my district has denied over 72 percent of the traffic control devices that we requested. So we started a process that's been ongoing for three years to create an MOU, a memorandum of understanding, with the County where we take back the authority to put these things on and to do our own studies, because our residents are not wrong 72 percent of the time. I mean, that's just -- that's not possible. So, you know, there's obviously something off with the data; their counts must be -- you know, there must be -- the thresholds must be too high or their objectives are just different than ours. If their objectives are to get as many cars through there, then, of course, they're not going to think that there's a problem, but our objective is to create a walkable, peaceful neighborhood, and that's a diametrically different objective. The second issue is Miami -Dade has a new Transit director that'll be starting in the next few days or weeks, and she was our former Deputy City Manager. So we'd like to hope -- to think that that MOU will be finalized as her first, you know -- you know, the first action of her tenure as MDT, Miami -Dade Transit director, and it'll be a nice day. I think we could give her like a plaque here or something. We could do something really nice for her, because it'll be one of the most beneficial things for residential communities that the County will ever do for the City of Miami. Mr. Sullivan: All right. Chair Gort: Thank you. I have to let you know, we have that problem all through our neighborhoods, because people take off the arteries to go into the neighborhood. We are working on those. The MOU will be -- soon be signed, and we've been able to get some of them, so I'm sure your Commissioner will take care of that. Mr. Sullivan: All right, thank you. Chair Gort: Thankyou. Commissioner Sarnoff.. Yeah. And just so you understand -- I'm not going to repeat what he said -- your neighborhood is extremely -- first off, you need a road project in the worst kind of way. I fully acknowledge that. And we need to strategize on a bond project, because I think the roads City of Miami Page 102 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 that need to be done in District 2 account for about $10 million, which you account for about, at least, one million of that. Commissioner Suarez: Mm-hmm. Commissioner Sarnoff. In addition to that, Commissioner Suarez, through Hector Badia, has come up with some interesting speed tables to further illustrate how we've been waiting. Sitting on a County administrator's desk for the past nine months is this MOU, memorandum of understanding, between the City of Miami and the County. And for nine months, this administrator has not signed that MOU, which then forces us on every traffic issue from the biggest to the smallest to go to the County and say Mother, may I? "So, mother, may I put a traffic table here? No, you may not. Whereas, once this MOU is signed -- and I hope Alice Bravo makes it the first day of her job to enable, as she puts, the person would hasn't signed it to sign it. The next day, the City has the ability to govern its own streets and put out its own traffic -- any kind of traf -- well, not any kind -- traffic calming devices, whether it's a circle, whether it's a speed table. Your neighborhood needs it, and I can assure you that what is contemplated here will actually reduce traffic and not increase traffic. Because there will be a way and a suggestion, you'll see coming later on, that there won't be these buildings built that you might think. So I -- we hear you. I understand you. This Commission has sat for nine months waiting for an MOU to get signed and the County has no culpable or very good explanation as to why it has not been signed but I think there's a lot of people on July 20 are waiting with baited breath up here that the new Department of Transportation director, Alice Bravo, will enable a person below her to sign that MOU. Mr. Sullivan: Sounds good to me. Chair Gort: Thankyou, sir. Thankyou. Mr. Sullivan: You're welcome. Chair Gort: Next. Mr. Hannon: Chair, I have no additional speakers signed up for items PZ 1 and 2. Chair Gort: Okay, we close the public hearings. Commissioner Sarnoff. I'll make a motion on PZ.1, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. All in favor -- Mr. Hannon: It's an ordinance, sir. Chair Gort: It's an ordinance. First reading, correct. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.1. Commissioner Suarez? Commissioner Suarez: Si. Mr. Hannon: Vice Chair Hardemon? City of Miami Page 103 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 PZ.2 15-00719zc Vice Chair Hardemon: For. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff Por supuesto. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-0. Ms. Mendez: For the record, those all meant jfes? Commissioner Suarez: Yes. ORDINANCE 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 T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2970 SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT; 2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957, 2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983 SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00719zc SR Fact Sheet.pdf 15-00719zcAnalysis, Maps & PZAB Reso.pdf 15-00719zc-Submittal-Raymond Carrero-Aerial Map, Photo, and Property Appraiser Summary Rei 15-00719zc Legislation (v2).pdf 15-00719zc Exhibit.pdf LOCATION: Approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-007191u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 1, 2015, by a vote of 8-0. PURPOSE: This will allow a zoning classification change for the above properties from T3-O "Sub -Urban Transect Zone Open" to T4-L "General Urban City of Miami Page 104 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Transect Zone Limited". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: PZ 2. Victoria Mendez (City Attorney): PZ 2. Commissioner Suarez: Por supuesto means "of course." Ms. Mendez: An ordinance -- Todd B. Hannon (City Clerk): Chair, I need a motion. Commissioner Sarnoff So moved. Commissioner Suarez: Second. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ 2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.3 ORDINANCE 15-00778zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, "DEFINITIONS" AND AMENDING ARTICLE 6, "SUPPLEMENTAL REGULATIONS", SPECIFICALLY DELETING, STRIKING, AND REPEALING SECTION 6.5 ENTITLED "MEDIA TOWER"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00778zt-Submittal-Nathan Kurland -Encyclical Letter of the Holy Father Francis.pdf 15-00778zt SR Fact Sheet.pdf 15-00778zt PZAB Reso.pdf 15-00778zt Legislation (v3).pdf 15-00778zt-Submittal-Dusty Melton -Memo to Commissioner Barbara Jordan.pdf 15-00778zt-Submittal-Dusty Melton -Email Regarding Siffin Development.pdf 15-00778zt-Submittal-Dusty Melton-County's Memo to Commissioner Suarez.pdf 15-00778zt-Submittal-Dusty Melton -County Sign Code.pdf 15-00778zt-Submittal-Dusty Melton -County Code Section.pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on City of Miami Page 105 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 June 23, 2015, by an 8-0 vote. PURPOSE: This will amend the zoning ordinance by specifically deleting, striking and repealing section 6.5 entitled, "Media Tower". Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 3 was deferred to the July 23, 2015 Planning and Zoning Commission Meeting. Chair Gort: PZ.3. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I would like to renew my motion for a deferral to the September meeting. Chair Gort: There's a motion of deferral. Is there a second? Commissioner Suarez: Mr. Chair, can it be the next meeting? Does it have to be September? Vice Chair Hardemon: It depends. It depends on how many votes I have. One -- Commissioner Suarez: What do you mean? Vice Chair Hardemon: How many votes I have to support my motion. Commissioner Suarez: Well, I -- Vice Chair Hardemon: Will you? Commissioner Suarez: Well, I want to support your deferral request. I just -- I quibble with the date. I think it's better to move it to the next Commission meeting. Because I think -- look, the way I look at it is Planning & Zoning items usually come at the next Planning & Zoning meeting for second reading, and this one came, for some reason, two weeks instead of four weeks, so I think a two -week deferral is perfectly appropriate. I understand you have some outstanding questions, and, you know, those are perfectly appropriate, as well. I just don't want it to be seen like we're unreasonably delaying moving on something that we moved on, and that's my kind of concern. Vice Chair Hardemon: You know, I've never wanted to be unreasonable. I mean, you can ask any of the people that I've ever negotiated with. But I'm amenable to that. Commissioner Suarez: Thank you. Chair Gort: So what was the answer? Vice Chair Hardemon: I'm amenable to that, yes. Commissioner Suarez: Okay. City of Miami Page 106 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Chair Gort: Okay. Commissioner Suarez: So I will second your motion to defer to the next Commission meeting. Chair Gort: Okay. I'll open the public hearing for discussion on deferral. Peter Ehrlich: Good afternoon, Mr. Chairman, Commissioners. My name is Peter Ehrlich, 720 Northeast 69th Street. And we came down -- we showed up today to have this item heard. We've been waiting 10 years for media towers to be deleted from the Zoning Code. Commissioner Suarez: Almost done; two more weeks. Mr. Ehrlich: Anyway, I guess we can wait two more weeks. We are a little afraid that in the next two weeks, though, there will be a flood of applications from developers that want to put up monster LED (light emitting diodes) billboard towers. So I guess we'll wait, if we have to; although, we would love to have the item heard and deleted today. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: Madam City Attorney, is it possible to have a flood of applications for media towers, and would they be considered? I -- and I just want to address what Mr. Ehrlich just mentioned to see if that is a possibility, a reality, or not. Ms. Mendez: Anything's possible. Is it likely? Probably not, just because of the -- what a completed application would take, and all the things that you would have to do to provide for that type of -- I mean, they must have had it like -- they have to dust it off and pull it out of some box somewhere. Commissioner Suarez: And listen, if -- let -- before -- don't even -- listen, if there was going to be a flood of applications, there would have been a flood of applications up until -- Chair Gort: Long time ago. Commissioner Suarez: Right. And then this whole thing blew up and became very public, so there would have been a flood of applications then, you know, and -- Ms. Mendez: So that's why I said it wasn't like -- Commissioner Suarez: Yeah. Vice Chair Hardemon: But this doesn't remove all media towers, also, right? So -- Commissioner Suarez: It's a subject of debate. Chair Gort: Thank you. Does that answer your question? Vice Chair Hardemon: It sounded good Chair Gort: Yes, ma'am, you're recognized. Renita Holmes: Yes. My name is Madam Holmes, Overtown resident. It may not be a flood of City of Miami Page 107 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 media towers, but it sure will be a flood of evety guy with a (UNINTELLIGIBLE) suit that wants to join with this gentleman to create a media tower. It could come back today. It could be discussed the next two weeks, or you could defer it another two to three months while we're getting that act together. However, note, most of us who have to look out towards the east, who have to breathe, who going to pay increased taxes, who's going to have the flood of everybody else coming westward ho that's homeless; you're going to have a flood of us down here too, because when we talk about -- don't get me wrong; half the people making decisions don't live where I live -- okay? -- not even immediate. And I love my Commissioner; not even my Commissioner lives right there. I need to breathe. I need to see. But in the interest of intelligence, let's forget manipulation or monopolizing because we have that option. I'm sure Madam could have answered the question a little bit -- Will we have enough of the input of the data that's required for such a project to have such a high rate --? I'm an environmentally correct person. If you're going to give them the benefit, then give the City and everyone else the opportunity to tell me, "Am I going to be able to see the sky? What is the increase traffic impact? What is the fiscal impact? And what will be the revenue impact?" And do it in a language that educates and inform evety other, particularly African -American woman in public housing in the area, because we are back to commingling these projects, back to trying to disgrace us with the -- about this TIE (Tax Increment Fund) and this revenues, and it sounds good. And lastly, people with epilepsy, we don't need no blinking lights, so I really want to know what's going to be the enviro impact, and what is the State impact? Lastly, one more question for Madam Attorney: There is a checking guideline whenever we have major projects like this that requires that you give this information in the community participation, but what I've seen being a community person ain't that. It's nothing wrong with growth, but is it smart growth, and is it respective of the people that live there? I hear everybody want to be (UNINTELLIGIBLE) it's a laughing matter, but I want to see the sky. This is how I see the sky. And I'm talking to my Commissioner. This is how I always look when I get ready to look up. Mr. Commissioner, can you take a look at me? Chair Gort: Thank you, ma'am. Vice Chair Hardemon: Madam Holmes -- Chair Gort: Thank you. Vice Chair Hardemon: -- I would say that you are the first Overtown resident -- Ms. Holmes: I'm the capable and qualified Overtown resident. Vice Chair Hardemon: Hear me out, hear me out. You're the first Overtown resident that I've seen -- Ms. Holmes: Yes, sir. Vice Chair Hardemon: -- to speak out against the media tower -- or the Innovation Tower in -- from Overtown, like you're the absolute first one. So maybe there's some more discussion that maybe you and I could have about -- Ms. Holmes: I would love to, Commissioner. Vice Chair Hardemon: -- (UNINTELLIGIBLE) benefits from the Innovation Tower that I think we'll be losing (UNINTELLIGIBLE). Ms. Holmes: IfI may, through the Chair, tell my Commissioner, I did not speak out against the media tower. I spoke up for good information, fair process, inclusion, and that it goes according to the laws of the State -- City of Miami Page 108 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Vice Chair Hardemon: Understood Ms. Holmes: -- not the rules of the City. Vice Chair Hardemon: Understood Ms. Holmes: Thank you. Chair Gort: Thankyou. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, yes. Commissioner Carollo: I can clearly say that I'm ready to vote on this today. However, in order to try to be flexible and reasonable with my colleague to the left of me, I'll wait the two weeks and vote in favor of the deferral. So we'll vote on it and take care of this issue in the next Commission meeting. Chair Gort: Yes, sir. You want to speak? Nathan Kurland. Thank you, Chair. Nathan Kurland, 3132 Day Avenue. For the purpose of consistency of message, I stand before you to ask that, in all due respect to Commissioner Hardemon that you follow up the vote you took just two weeks ago, 4-1, eliminating media tower language from Miami 21 and not placing it into another partment [sic] of the Code. Once again, I remind you that no one less than the Pope has talked about visual pollution. And if you don't mint, I'll pass this out to each and every one of you, but he said -- Chair Gort: The Clerk. Mr. Kurland: -- "visual pollution is something that's" -- Mr. Hannon: Chair, Chair. Mr. Kurland: -- "making our city" -- Mr. Hannon: The discussion is only to be on the deferral of the item. Mr. Kurland: On the deferral, please. This item you were just so sure of just two weeks ago, 4-1, to get this media tower language out of our City Code. I don't understand what could possibly require another two weeks to make that decision. Thank you. Chair Gort: Thankyou, sir. Anyone else? Ken Russell: Good afternoon. Ken Russell. I live at 4111 Barbarossa Avenue, Miami. In full disclosure, I'm hoping to be your co-worker later this year. I think I see the reason of partly why we're having complication taking this on today. We're kicking the can a little bit, because the City's gotten itself into a little bit of apickle with this one, and it's a tricky situation. If we listen to the vocal opposition and we take this out, clearly, we're taking care of that issue, and that's pretty easy. That's an easy one, because it seems like the right thing to do. But what happens to the developer in this situation? He has obviously spent a lot of money up to now and acting, supposedly, in good faith on the provisions as he understands them. So if we pull the rug on him at this point, what is he left to do? If I, as a business owner, were in that position, I can guarantee you we're going to get sued as a city, and I don't think we can dance around that issue City of Miami Page 109 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 and say, `I hope it doesn't happen. " So what do we do? I mean, deferring it -- we're going to defer it, but then what happens when we have to talk about it? You can give him a grandfather clause, so you remove the towers, but you let him keep his project? Well, that means your vote means nothing, because if we say "no" to towers but we say "yes" to the biggest one, then that doesn't make any sense. My assumption is we're going to defer to the County law, which already says that these types of towers are not legal. My simple hope is that we have not encouraged this developer, as a city thus far, especially -- specifically any Commissioner that would have made a promise or an inference of support to see this project all the way through, after which we've pulled the rug, that's going to be a problem. Thank you for your time. Chair Gort: Thank you, sir. Anyone else? Close the public hearing. Further discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PZ.4 RESOLUTION 15-00221 ha A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE MIAMI HISTORIC PRESERVATION AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF THE REMOVAL OF THE PARCEL LOCATED AT 109 SOUTHWEST SOUTH RIVER DRIVE FROM THE SOUTH RIVER DRIVE HISTORIC DISTRICT, MIAMI, FLORIDA. 15-00221 ha Fact Sheet.pdf 15-00221 ha Appeal Letter.pdf 15-00221ha Staff Analysis & HEPB Reso.pdf 15-00221 ha Application & Supporting Docs.pdf 15-00221ha Legislation (v2).pdf 15-00221ha Legislation (v3).pdf 15-00221 ha -Submittal -Nancy Liebman -Letter read into the record by Francine Madera.pdf 15-00221 ha -Submittal -Paul Savage -Grant the Appeal and Stop the Improper Boundary Change to District Powerpoint.pdf 15-00221ha-Submittal-Paul Savage -Supporting Documents for Appeal.pdf 15-00221ha-Submittal-W. Tucker Gibbs -South River Drive Historic Designation Report.pdf LOCATION: 109 SW S River Drive [Commissioner Frank Carollo - District 3] APPLICANT(S): Manny's Seafood Corp. APPELLANT(S): Paul C. Savage, Esq. on behalf of River Inn SRD, LLC PRESERVATION OFFICE: Recommended approval. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the removal of the parcel on May 5, 2015, by a vote of 4-2. PURPOSE: This will remove this parcel from the South River Drive Historic District City of Miami Page 110 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-1 5-0305 Chair Gort: PZ 4. Luciana Gonzales (Assistant Director, Planning & Zoning): PZ 4 is an appeal of the Historic & Environmental Preservation Board's decision to remove the property located at 109 Southwest South River Drive from the South River Drive Historic District. Staff recommended approval of the removal from the district, and the HEP (Historic & Environmental Preservation) Board also approved a recommendation by a vote of 4-2. Chair Gort: Thank you, ma'am. The appellant. IT (Information Technology), they need you here. Go ahead, you're recognized. Paul Savage: My name is Paul Savage. I'm an attorney with law offices at 100 Almeria Avenue. I'm here on behalf of the appellants on Planning & Zoning item number 4, River Inn SRD (South River Drive), LLC (Limited Liability Company), which is the owner of what is known as the "Miami River Inn Properties." I'm very proud to be accompanied by my client, Arva Jane, today, who you may know as the developer of the Vagabond Hotel on Biscayne Boulevard. I've assembled some materials for you so that you can see where the Miami -- rather, the South River Drive Historic District is, and I've put together a presentation just to give you a quick tour of what this district is all about, why is it so important, why is it designated, and why is the participation of my client so critical; the first reason being that there are only two property owners in this entire district. My client owns this entire section here on the left and all the contributing historical structures. The subject matter of the appeal and the HEP Board item was the removal of this 109 parcel from historical -- from the Historic District. The National Register of Historic Places has recognized that the Miami River Inn contains a collection of turn -of -the -century vernacular frame structures that were there at the very beginning of the City ofMiami. They were all constructed by 1920, and they have certain features and qualities that we don't have anymore. I've been in this Commission where there's -- and in the -- before the HEP Board where there's been spirited debate about mid-century modern and what constitutes MiMo (Miami Modern) that should be preserved. Here we have -- turn of the 19th Centuty, we have everything being built by 1920. They just don't make this anymore. This is clearly a treasure in Miami, and it has to do critically with the Miami River in proximity to the Miami River. So it's very important that this 109 parcel remain in the South River Drive Historic District, because it's the last piece that gives us connectivity to the working Miami River. These structures here on my exhibit, just to start at Southwest 4th Street, 438 Southwest 1st Street, that's the very first structure there, and I want you to just to note that the National Register of Historic Places recognize that in the eaves of these structures have a very particular tripartite window that's at the top that you'll see in the different structures. You can see it here. This is 438 Northwest 1st Street, under the loving care and preservation of my client. You can see that that structure's well preserved. And you can see -- at the very top, you can see that three pane, that tripartite window that you'll see elsewhere. Moving around, there's 428 Southwest 1st Street, which has an unusual component of a gantry way that actually goes onto the 1 st Avenue Bridge. Thank you. And you'll see that that's also very unusual, and that is also one of the reasons why this is preserved. This is the 428 Southwest 1st Street structure today that my client has been working on. And coming around -- that's a little -- that's a discussion from the National application for 104 South River Drive, and that, in many ways, is going to be one of the most important structures we're going to discuss, because it's right across from the 109 parcel that we're talking about. This is the structure back in 1986, and you can see that it's got the porch there facing South River Drive; they're going to be looking out towards the river. And if I go to the next slide, you can see that structure today right there by the First Street Bridge. And as we City ofMiami Page 111 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 continue to come around the corner, you can see the front of the structure there, beautifully restored, beautifully maintained; working very hard to have this treasure used and enjoyed again. You can see that it's a three -stove structure with windows at the top that are going to be looking down at all the activities on the river to the east. Coming around the corner there, looking down South River Drive from the 1st Street Bridge, which would be this area here, right there in front of the 109 parcel. This is a structure that was on the 109 parcel; also a framed vernacular building. That's -- it was demolished back in 2003. A very important piece of history there: It was demolished in 2003 with the agreement of the HEP Board and with the understanding that, yes, this is now an unsafe structure, but -- and we -- I'm sorry, but we're going to have to demolish it with the understanding and agreement that we're going to build a replacement sensitive, commensurate structure that would not in any way hurt the Historic District and that it would remain in the district. If we go now -- this is standing -- the view from 109 Southwest South River Drive on the porch of the contributing structure. In looking across, you can see the traps for stone crabs there stacked along the river. You can see the activity on the river there. This is -- I walked upstairs to the thirdfloor and looked out the window. You can see the activity on the river, the bridge coming up and the like, and how close it is to the river. Also, I want to point out that this -- the historical designation, the district itself only reaches across to 109. It doesn't encumber all these other parcels, and it eventually goes down to Jose Marti Park. It's just that the one piece is really the last piece we have that fronts the river. This is a view from the other side of the bank, looking at the activity on the river. You can see my client's properties, and I mentioned those tripartite windows. You see those three windows there? That's there on the Miami River Inn structure itself and you can see that from the river, and you're going to see that that's been there for a very, very long time. Again, these are some more views. I know we don't have unlimited time. But I did want to show you that even from the approach on -- way on the other side of 1st Street, you can see the structures there fronting the river, and that's the control tower for the bridge. Coming around the corner, that's the Miami River Inn building proper there at 118 Southwest South River Drive, and you can see the contrast of how well it's been restored and how beautiful it is today. There's a close-up of the -- of those tripartite windows there that are under the eaves. The City of Miami has a designation plaque across the street from the building, discussing the history of the Riverside neighborhood and the importance of the Miami River Inn to the settling. And one thing I learned in my research here is that all these legal descriptions of these properties talk about the Knowles Subdivision, and that was actually the next name after the Miami Subdivision. These are some of the very first areas platted by Julia Tuttle, and Mary Brickell, and the others who settled Miami. Commissioner Suarez: They weren't Florida State fans, right? Mr. Savage: I wouldn't think so, Commissioner. Commissioner Suarez: Okay, good. Mr. Savage: Also, from 118 South River Drive, my client's property, you can look across and see the activity there at the 109 parcel. Now, this is a -- really, a famous photo here looking at what was happening in the 1920s. There's -- a Canoe Club is featured prominently there. That was taken out by the 1926 hurricane. But right to the right of the Canoe Club -- and why I keep talking about these windows on the thirdfloor, you can look through that Australian pine tree and you can see those windows are there. And the 109 parcel that we're discussing, there's a structure there on the far right. I don't think that we go canoeing in ties anymore, but we apparently did in the 1920s. Coming down South River Drive, it's a tree -lined street. You can see my client's property on the right and the riverfront would be on the left. There is another structure. The City of Miami does not count this as a contributing structure, but the Federal Government does, and this is at 437 Southwest 2nd Street, also restored by my client. Now, one quick -- I'm going to get into my legal presentation now. I just want to make clear that this is a de novo proceeding. It's an appeal, but you sit as a board of original jurisdiction, so you can hear arguments, you can hear new evidence, you can hear new testimony. You are not limited to City of Miami Page 112 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 the record below. This is under Section 2004. That gives you, in laymen's term, a full do -over. So I appreciate you entertaining my points and my evidence today. The point number one I want to make to the board today is I think what happened -- what led us into error in front of the HEP Board is that this application and this process was at all times treated and discussed as a single parcel, much like you would a single building designation, when the overall point and the principal point is that this is a district. This is a community. This is a historical area. It's named for the river. My client's property is named for the river. It had to do with lodging and interaction and working on the Miami River. So it's not just about the existence or the characteristics of a single building. In fact, the statement of significance from the National Register of Historic Places discusses that the major significance of the South River Drive Historic District lies in its association with the broad developmental history of the City of Miami, rather than the individual historic significance of its component buildings. Everything about the application, however, was treated as just that one building or just that one parcel. The notice didn't go out 500 feet from the whole area; it just went from that parcel. This was really -- should have been titled -- the application at the top should have been said, "boundary change to the South River Drive Historic District," because that's really what it did. It changed a boundary of a whole district. An important item to note is that this overlay district was enacted by the City Commission in January 1987; was taken up by the Commission in the fall and finally finalized in January. Why is that important? Because this body, this is -- created this district and this designation and overlay, and it's the only body that has the power to amend it. A resolution of a lower board cannot amend -- and I see that you're nodding your head in agreement, Mr. Chairman, so you know that it's going to take an action of equal majesty to amend an ordinance by this tribunal. The other problem in the legal proceeding is that when you designate something, there's a stair -step procedure: You have a hearing. You have a -- rather, you have a study; you have a hearing, and then, ultimately, you have a hearing at the HEP Board. The Code requires that it steps up and that it steps down. You don't get to step up and then jump off directly to a HEP Board meeting. So they skipped some steps procedurally, and we think that it's in violation of the Code. As the Code makes clear, they have to amend or rescind using the same procedures. This hearing was not noticed. The last hearing was not noticed. The first hearing occurred on March 3. Then it was continued to May 5. The May 5 wasn't noticed. It's -- compounding this perfect storm is the fact that my client obtained title between the time of the March 3 hearing and the May 5 hearing. We closed in April. So there's no way we could have had notice of March 3, and nobody noticed March 5 under the idea that, "Well, we don't have to notice a continued hearing, " but the Code makes clear in these HEP Board proceedings that all, all public hearings have to be noticed. We did not get notice. And the facts are not in dispute that no -- that the May 5 hearing was not noticed; only the March 3. Very important. The members of the HEP Board that had to consider -- that considered this item, they were not apprised of a recorded easement, a recorded conservation and preservation easement on the property. No one mentioned it. No one brought it up to the board. The board members -- and I have the transcript in the materials -- were quite concerned. `Didn't you know this was designated when you bought it? Why are you trying to get out from under this? Did" -- "Weren't there items recorded? Was there a covenant?" And the answer through counsel was "No, there was no covenant." But, in fact, there is an easement that they are now litigating. They were well aware of the historical designation, historical import, and the existence of the overlay when they bought the property. Here's a little piece out of the transcript: "Wasn't there a covenant with the" -- "at the time of the sale?" Through counsel, "No, there was no covenant on the sale of the property." The HEP Board was not made aware of the existence of the easement. This is from the front page of the easement that is recorded. It discusses there are framed vernacular buildings built between 1908 and 1914 that are excellent examples of the early building traditions of the first two decades following the City's incorporation in 1896 and the noncontributing structures as determined in the City's original historic district designation of January 22, 1987 and the National Register listing of August 10, 1987. In the prior paragraph, the ordinance number 10213 is mentioned. The covenant that's recorded -- have we lost our quorum, sir? City of Miami Page 113 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Unidentified Speaker: (UNINTELLIGIBLE). Mr. Savage: Thank you, Commissioner. I note that the covenant that's recorded on the property prohibits changing the zoned use of the property to another use, so I don't understand how they can come to the City and ask for this designation with this recorded covenant binding them. They got their property removed on May 5 before the HEP Board. Before the ink was dry on the HEP Board's resolution, they ran into circuit court. Having testified that there was no covenant on the property, they ran in and filed a lawsuit to get rid of the easement that's on the property. That was filed on May 29, before the month was out, from the May 5 HEP Board hearing. Furthermore, no evidence was brought before the HEP Board on a critical FDOT (Florida Department of Transportation) bridge replacement project that the Florida Department of Transportation is working on to replace the First Street Bridge. Now, I have -- we're reading in the Miami Herald as late as today, that the FDOT is looking to acquire the property and rebuild the bridge. We've heard also in the press that they are not going to acquire the property. There is no sensible and responsible formal action that can be taken on this property without my client being apprised of the hearing and coming in as the only other property owner in the district; the existence of the easement and what that means in the pending litigation? And thirdly, what is the Florida Department of Transportation doing? Are they acquiring the property? Should we be collaborating with them? Why were none of these facts brought before the HEP Board? We believe that a mistake has been made, not because the HEP Board made a mistake, but because the HEP Board didn't have the data, facts and information before it to make a proper determination. You can't blame them for their determination when they don't have the evidence that they need No facts about the FDOT were mentioned, and again, there is no responsible ruling that can be made by the HEP Board or anyone else without my client's participation and lawful notice; without the important facts of the easement and what it means to the district and to the parcel; and without the participation of the Florida Department of Transportation, who's going to maybe acquire this property or maybe not. Finally and lastly, I would ask that you consider this as it should have been considered all along, which is as a district; not about a building, but a district, so that we don't have a Miami River Inn with no connectivity to the river, so that we don't have a South River Drive Historic District with no connectivity to the river. And when you look at this -- at the board I have here, you can only imagine the destruction to this entire district and its historical significance if this was lifted and there was unchecked development on the 109 parcel. I would like to reserve some time for rebuttal. Thank you, Mr. Chair. Chair Gort: Yes, sir. It's your turn. Tucker Gibbs: Give me a little second just to set myself up. Chair Gort: No problem. Mr. Gibbs: Thank you. Chair Gort: It's going to be a long one. Mr. Gibbs: Pardon? Chair Gort: It's going to be a long one, long haul. Mr. Gibbs: Good afternoon. My name is Tucker Gibbs. I'm an attorney, and I represent -- and my offices are at 3835 Utopia Court in Coconut Grove, and I'm representing Manny Seafood Corporation, who owns the property at 109 Southwest South River Drive. You've heard a lot about what's going on. The staff report is pretty clear. We're in complete support with the staff report. My client, as you know, applied for this -- to the -- applied for and the Historical [sic] & Environmental Preservation Board approved the removal of his property from the South River City of Miami Page 114 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Drive Historic District, and that's important to note, the title. It's the South River Drive Historic District. The reason for the application and the approval is basic. The property is vacant; it's retained none of its historic characteristics, since the historic structure on site was demolished in 2004, which was also approved by the Historic Pres -- Historic & Environmental Preservation Board in 2003. My client purchased the vacant parcel in 2011, and that's really important to understand. He did not demolish this building. All he did was buy a vacant piece of property eight years after the demolition permit was approved and seven years after the property was demol -- after the building was demolished The decision of the Historical [sic] & Environmental Preservation Board to remove this parcel from the Historic District is correct, because the Historic & Environmental Preservation Board correctly followed the process for removing a property from a historic district. It's in the Code. The Code explains what you do. Section 23.4, paragraph C-8, permits the rescission of a designation if the structure or feature of principal historical significant has been demolished or destroyed. And when they talk about the process, they're talking about the process, as they say, involved in the Code in the Certificate of Appropriateness provision. Here, the structure -- and you saw the structure. Mr. Savage showed the structure on his -- on the screen, and the structure was the feature of principal historic significance for that piece of property, and it was important to the district, as well, and it was demolished pursuant to the Historic & Environmental Preservation Board decision in 2003. Because it is vacant, the property retains none of the historic characteristics that made it worthy of inclusion in the Historic District to begin with. The statement of significance in the Designation Report -- and it's interesting; Mr. Savage gave you a package that shows all the important documents relating to this application, relating to this property, but he left something out, and what he left out was this: This is the City of Miami Historic Designation Report. In Tab 1 of his materials he's presented to you is the ordinance of the City of Miami. You will see in Tab 1 -- and I think it's in paragraph two of the actual ordinance where it references this document. This is the important document, because this is the document that was created by City staff; it is the document that was approved by the City Commission when this district was created. And the reason why I put so much stock in it is because what it says. If I can find my notes here. The statement of significance of the district in the Designation Report says -- and I'm quoting right from it, and it's on page 4 of the Historic Designation report. "The South River Drive Historic District is significant to the history of architecture and community development in Miami developed primarily during the first two decades of the Twentieth Century. The district contains the City's oldest extent grouping of framed vernacular buildings in such close proximity to the Miami River. These buildings embody those characteristics of South Florida's framed vernacular architecture and exemplify the architectural trends in Miami prior to 1915. The district's location, period of construction, and use reflect the historical development of the City of Miami." The focus in this document were the buildings, the framed vernacular buildings, the use of those buildings as rooming houses. They talk about how Miami -- instead of -- they said, historically, Miami had been moving north and south as it grew, and it -- this was the first movement west across the river, and these were rooming houses for people who weren't the hoi polloi who showed up at the Royal Palm Hotel. This was a place where average people came to stay and eventually to live. This Designation Report doesn't talk about the fact that this was housing for the working people on the Miami River. It doesn't talk about connectivity with the Miami River as the rationale. It doesn't mention any of that in this report. In fact, the focus of the district, as I said, were the buildings and those buildings' architecture. In fact, they -- the basis of the designation was the application of four of the designation criteria in the City's Code, and I want to go over them with you and show how the demolition of the house on this property renders the designation criteria that applied to designate this district moot and inapplicable to this property. The first, number 3, exemplifies the historic -- the building -- the district will exemplify the historical, cultural, political, economic or social trends of the community. The City staff said the South River Drive Historic District reflects Miami's early development patterns during the first two decades of the Twentieth Century. This now vacant lot does not meet this criteria because it doesn't show anything. It's vacant. Number 4 says, the new -- the district will portray the environment and era of history characterized by one or more distinctive architectural styles. This site has no distinctive architectural style. It's gone. It was demolished in 2004. City of Miami Page 115 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Number 5: Embodies those distinguishing characteristics of an architectural style or period or method of construction. Same issue. Number 8: Being part of or related to a subdivision. Park, environmental feature, or other distinctive areas should be developed or preserved according to a plan based on historic, cultural, or architectural motif. There's -- and the City said the South River Drive Historic District, one of the City's most unique groupings of historic buildings. The area's historic, and architectural character should be preserved as a reminder of Miami's past. Absolutely. But when my client bought the property, that architectural -- that reminder -- that architectural character on this property was gone. It was demolished And my client had absolutely nothing to do with it. All these criteria focus on this unique grouping of historic buildings. Without a building on this property, the site no longer contains a historic building. Without the historic building, there is no basis for inclusion in the district. Your Code says that. Your Code says "You're allowed, if the property loses its historic characteristics to apply, " and that's what my client did My client did just what the City Code said he could do. The appellant makes several arguments here and in his document appealing this approval by the Historic & Environmental Preservation Board, and they just don't add up, and I'm going to explain why. He makes the argument that the Historic District is focused on the river and it's about a visual connectivity on the river. The Designation Report doesn't say that. It doesn't talk about visual connectivity, and it doesn't talk about the focus being on the river. You read through that, you will see the focus is on the buildings and what the buildings represented, and it's -- Mr. Savage showed you the restored historic buildings, the Miami River Inn are beautiful; they're absolutely stunning. But my client doesn't have anything on his property. His property's being used for the family business, and this is the property. That's the property. Commissioner Suarez: (UNINTELLIGIBLE) nice (UNINTELLIGIBLE). Mr. Gibbs: Yeah. That's a -- that has nothing to do with history. That's not a historic use for the property in terms of what was -- what the Designation Report said, but that's what it's used for, and that's what's -- it's allowed to be used for. The comment is not accurate. It ignores the facts presented in the Designation Report. The focus is on western expansion and how the remaining rooming houses contained within the district represent the early framed vernacular architectural of South Florida. That's on page 5 of the Designation Report. Therefore, based on the Designation Report, which is the basis of the district, without any historic and early frame vernacular structures on the property, there's no reason for this property to be included in a district that exemplifies and showcases such buildings. It makes no sense, based on the Designation Report. The appellant apparently also wants the City Commission to require the expired 2003 Certificate of Appropriateness and build a replacement structure. Now, the City Code is really clear, and this is important, that a Certificate of Appropriateness expires after one year. It expired This one expired on May 20, 2004, seven years before my client bought the property, and there's no legal basis to revise this expired Certificate of Appropriateness. Your Code says, in the Code, that it dies; that it's over; that it expires. And you can check with your City Attorney, and your City Attorney will tell you that that's in the Code. Contrary to the appellant's position, neither the Historic & Environmental Preservation Board nor the City Commission is bound by the terms of a private easement when determining whether to remove the parcel from the Historic District. Your decision is based on the Code. The Code gives you the authority to do it, you apply the standards, and you either do it or you don't. But extraneous issues, which are important issues relating to the property, but not important issues relating to the decision to remove it, because this easement is an easement between the Florida Trust for Historic Preservation and the people who own the property within the district. It's a separate matter. You know, there's a reason why this is in court. Because the easement says the only way you can change the easement is to go into court, and that's what my client is doing. He's doing just what the easement said. The City of Miami is not a party to this easement; has nothing to do with the City. The City is -- to the preservation and conservation easement, the Historic & Environmental Pres -- the Historic & Environmental [sic] Preservation Board decision to remove the property from the Historic District is a City Code -based decision. It's not based on the existence of a private easement to which the City is not a party. The City Commission is not City of Miami Page 116 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 a proper venue to resolve disputes over the intent of a private easement, and that's -- you're being thrown a lot of stuff, but the reality is this is a Code -based decision. Finally, the FDOT issue. The Florida Department Transportation everyday condemns property or doesn't condemn property. That decision of whatever FDOT is going to do with that bridge is going to happen whether this property is designated or not designated. It has nothing to do with your decision today; it has absolutely nothing. And I don't know -- I don't understand that the -- how the potential purchase of my client's property, if it ever happens, impacts the decision of whether it's a historic property or not. The fact is, historically, this property is vacant. There's absolutely nothing there. And you can look at standards, you can look at issues, and you can see how this property has no value, has no historic value, whatsoever. And in terms of the Designation Report -- and that's what we're talking about, removing it from the district -- that this property should be removed from the district because it has no historic value. I ask you to -- finally, to look at the professional staffs recommendation -- it's very thorough; it's very succinct -- to recommend the denial and confirm the Historic & Environmental Preservation Board's approval of the removal of the property from the Historic District because it no longer retains its historic characteristics that warranted its inclusion in the district to begin with. The law says you have to base your decision on competent and substantial evidence. Your staff report is that evidence. It is unbiased. It comes -- it's a unbiased opinion by your staff for you. It's not somebody who's paid by me. It's not somebody who has any axe to grind on some side. They have no axe to grind, and that was their recommendation, and they said it was a tough recommendation. I want to talk a little bit about what was said about what happened at the Historic & Environmental Preservation Board, because it centers around something that I said, and I wanted to -- you were read a certain part of the transcript. What I'd like to do is read you something more. The issue of the Certificate of Appropriateness -- and that Certificate of Appropriateness back in 2003 focused on not only the demolition of the building, which was falling down where the City, the City had applied to have that building demolished because it was in such terrible shape, but the Historic & Environmental Preservation Board also approved -- you might call it an adaptive reuse, but they wanted it rebuilt, and that was one of the conditions. Unfortunately, it was done through a histor -- it was done through a Certificate of Appropriateness, which can expire. And at the meeting of the Historic & Environmental Preservation Board in May, that issue was the focus, and the question was, "How does a subsequent purchaser know what's going to happen?" What is -- what's on the property? And I was asked. The question came from Mr. Heck, "If you buy the property, how do you know? Did you know?" My client -- I sat here, and the question was, "Did the owner know at the time there was" -- was there -- and then he said, "Was there a covenant then with the sale?" Which, normally, when you buy a piece of property, your title company looks at the property to see if there are any restrictions on the property. The title company didn't say there was a covenant informing them that they had to build the building over again. And you know the reason why? The reason why was because that was no longer in effect, one; and the City, I believe -- correct me if I'm wrong -- the City did not reg -- the City does not record certificates of appropriateness, correct? Victoria Mendez (City Attorney): No, no, we do not. Mr. Gibbs: You do not? Ms. Mendez: Do not. Mr. Gibbs: So the City doesn't even record the Certificates of Appropriateness, so there's no official way in a title search that that would ever come up. And so that was the concern. So I responded. Ms. Schmitt said, "The property owner's here; maybe we can ask him or his representative." So I got up and said, "No, there was no covenant on the sale of the property because there was no covenant on the sale." A covenant on the sale is a lot different than an easement. An easement is on that, and the City knew about the easement. The City knew there was an historic preservation easement, but the fact is it was an easement between private parties, and the fact is the City told my client, "That's something for you to deal with; that has nothing to City of Miami Page 117 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 do with the City. We do not enforce private covenants." And I've never heard the City of Miami say they've enforced a private covenant. So that was the issue. Our issue was it was less about the designation and the Certificate of Appropriateness, and it was more about the value of the property -- I mean, the -- not the value, the vac -- the fact that the property was vacant, and I really wanted to clarify that because I don't think that -- as I said before, that easement on the property is another red herring. It has nothing to do with your decision on the Code based on the Code. Thank you. Chair Gort: Thankyou. Mr. Gibbs: And I'm available for any questions, obviously. Mr. Savage: I do want to respond very quickly. I can take off and address each of these items that Mr. Gibbs brought forward. Number one, I explained to you, and I put up a slide, and I can do it again, or we can get it out. I have Chapter 24 here. Chapter 24 discusses a stair -step multi -hearing and report process for the designation. And at the bottom of the ordinance, it says, as Mr. Gibbs pointed out with great strength, you're allowed to re -- to come back to a property and say, "The world has changed; I want to be de -designated. I want to be" -- `1 want it to be rescinded" but the line in the Code said "in the same manner and procedure as set forth above, " so you don't get to just come in on one hearing. You have to do all of the things that you have to do. You have to go up the stairs, and then you have to go down the stairs. You don't get to go up to stairs and jump off the stairs. The text is there. He stands and emphasizes the Code. Please, I welcome it. Get the Code open; that's what it says. It's in my presentation. It's in my -- it's in the published Code of the City of Miami. And as you all know, the citizens are entitled to rely upon the Code as it's published; and if you go off of those procedures, it's a departure from the essential requirements of law. Yes, Commissioner, you have a question? Commissioner Carollo: I have a question. So you're saying the process is incorrect? Mr. Savage: Yes, that's one of the reasons why the process is incorrect. Commissioner Carollo: Madam City Attorney, do you concur with that, or no? What's your opinion? Ms. Mendez: Basically, the -- right now the provision that Mr. Savage was alluding to in your package, it's a provision from 9500, which was two zoning ordinances ago that established a certain district, which isn't the exact district that we're talking about here today. However, we have a process in Miami 21 that was done through two readings, an ordinance, exactly the same as Mr. Savage is basically describing, that gives the process for which you are to pull, for lack of a better word, or de -designate something, and the process was followed and adhered to correctly, pursuant to our City Code and the Zoning Ordinance. Commissioner Carollo: Madam City Attorney, so, in your opinion, the process that we're following right now is correct? Ms. Mendez: The process that was followed through the HEP Board and then now this appeal is correct. Commissioner Carollo: Okay, thank you. Ms. Mendez: It's pursuant to our Chapter 23 in our Miami 21 Zoning Ordinance. Commissioner Carollo: Thankyou. Mr. Savage: If you'll just give me one second I'd like to show the Board the Code provision very City of Miami Page 118 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 quickly that we're discussing. It's got to be handled in the same way as the other one is. I'm scrolling to the text. I'll go on to address some other arguments. Mr. Gibbs put great emphasis on the development report of the City, which he should. He started to do read text from that document to show that this is all about the buildings, and I was waiting to hear things about structures, and windows, and gables, and awnings. But you know what words I heard when he read from that document? The development of the community, the development patterns, the environmental components, and the cultural importance of what was going on there at the turn of the century. That was not a discussion about structures and architectural particularities. Okay, 23-4(c) (8), what I called the "stair step, " the Board may amend any designation by following the same procedures as are set forth in this section. The Board may likewise -- calling back to the prior sentence -- it may likewise rescind any designation. Mr. Gibbs likes to say, "Yes, the Code does have this." You can come in and avail yourself of it, but you've got to follow the same procedures. It's there in black and white. Nobody can say anything to change what the -- those words say. Ms. Mendez: Right. And ifI may, just to be clear. Section 23-4(c) (8) talks about the procedures set forth in Chapter 23 and in the section there; not in the ordinance 9500 or any other ordinance. It's basically what's set forth in Chapter 23 and in Miami 21. I just want to be clear for the record, because I -- it's not exactly what he is saying. Chair Gort: Go ahead. Mr. Savage: Okay. Thank you, Mr. Chair, for the time. I just want to click off and respond to his arguments. There was no answer. One of the things I stood up and said, this bock created and imposed this district on this property in 1986 and '87 through a ordinance. The resolution of a lower board cannot amend an ordinance, and this cannot be turned into an ordinance tonight. What you have before you is an appeal of a resolution. You don't have an ordinance to amend that historical ordinance. It cannot be done. Another point: He talked about the agreement to demolish. And I really, really am itching to get into this -- okay? -- because one of the things that you mentioned when we first came in here on another matter was how angry you are about those mangroves and the destruction of the mangroves. And he got up and said, "Oh, well, the Certificate of Appropriateness for the building we had to rebuild has expired, so we're off the hook " That turns the world on its head. If you think about your mangrove case, at the end of that case, DERM is going to put together a mitigation plan, and there's going to be some permits. It's like saying, "Oh, my mitigation plan and my environmental permit expired, so I don't have to remediate the mangroves." That's ridiculous. Of course, you still have to remediate the mangroves, and it's not our fault that you let it expire. And all of these requirements run with the land so that these new owners that claim to know nothing, they have to do it. And if they let that expire, they should have -- someone should have come in and satisfied and complied, or the new owners need to come in and -- it doesn't mean, "Oh, you don't have to rebuild now; just take it out of the district." That turns the whole intent on its head. That requirement to demolish has never been lifted. The idea that the easement -- "Oh, that's a private easement, " like it's about somebody being able to use the driveway, like a private easement. It's with a quasi-judicial entity whose sole function is to do -- is to embrace historical preservation. The easement is with the Florida Trust for Historical Preservation. You don't think that has any relevancy to a de -designation before the Historic & Environmental Preservation Board of the City of Miami? Those entities are -- share the same charter, if you will. It's the same public policy. Of course it's relevant; absolutely, it's relevant. In fact, I could see in the transcript -- Lynn Lewis and other members of the board, they were struggling with this idea that, "Oh, the new owner had no idea." In fact, she says at the end, "Well, it seems to me that the applicant is entitled to rely on the non -record " The applicant is entitled to rely on the non -record. Well, there is a record: the easement. The easement is recorded. They said that some of the HEP Board materials aren't recorded. The easement is recorded. They're not entitled to rely on the non -record There is a record. I urge the City Commission to follow -- common sense says that these materials should have been before HEP Board; the law requires City of Miami Page 119 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 additional procedures; and you know that you can't amend an ordinance, so please grant my appeal. I'm sure that the applicant will avail himself of a new application or whatever they need to have done, but this application in this matter is -- as a matter of public policy and a matter of law, it's not proper. And I urge you to grant my appeal and deny the removal from the district. Thank you. Chair Gort: Thank you. We going to take five. Commissioner Suarez: Please continue. Unidentified Speaker: You want us to go now? Vice Chair Hardemon: Where's the Chairman? Commissioner Carollo: The Chairman was looking for you. Commissioner Suarez: I guess you're chairing, buddy. Ms. Mendez: Vice Chairman, I don't think we've recessed, so if -- oh, the screen says it? Mr. Hannon: Yes, we're in recess, but we can resume; we have quorum. So if we'd like to start with the public hearing? Vice Chair Hardemon: Please. Mr. Hannon: First three speakers: Arva Jain, Becky Roper Matkov, and Arva Moore Parks. Becky Roper Matkov: Good afternoon. I'm Becky Roper Matkov, 12881 Southwest 63rd Court, and I'm here today in my capacity as a board member of the Florida Trust for Historic Preservation. The Florida Trust, a statewide, nonprofit membership organization, headquartered in Tallahassee, holds numerous preservation and conservation easements all over Florida. One of these easements is for the South River Historic District, including the Miami River Inn and Parcel 109. As the foremost statewide organization working in behalf of Florida's historic resources, the Florida Trust is gravely concerned about the impact on the integrity of the South River Drive Historic District if this parcel is undesignated. The Florida Trust Conference, which fellow Florida trustee, Arva Parks, and I co-chaired just this last May and brought hundreds of architects, planners, historians, and preservationists to the City of Miami, and I might add, we greatly appreciated the support of you all as the City of Miami and for -- particularly for Mayor Regalado and Commissioner Marc Sarnoff. One of the highlights of that conference was a tour of Little Havana, an area that Dade Heritage Trust has worked for years to promote for its history and that has been declared a most endangered site by the Florida Trust and now by the National Trust for Historic Preservation. Little Havana and all the bank of the Miami River from the 2000-year-old Miami Circle to this outpost of early Twentieth Century Miami is a treasure. To see it become a canyon of high-rise condos would be a travesty. I'd like to think that if all the issues that have been brought up here today had been debated at the Miami HEP Board meeting, the vote would have been a different one. The previous owner of the Miami River Inn, which include this parcel, put 25 years of blood, sweat, and tears into saving this oasis of old Miami. Now that there's a new owner of the Miami River Inn eager to inject energy, creativity, and new financial resources into this enterprise, it would be a shame to deprive the community of a chance to see this dream fulfilled. Thank you. Chair Gort: Next. Arva Parks: Good afternoon. My name is Arva Parks. I live at 1601 South Miami Avenue, City of Miami. I'm really not going to repeat much of what Becky said. I do serve on the board of the Florida Trust with her. I must say that there's just a couple of points I'd like to bring out, since I City of Miami Page 120 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 was on your City of Miami Preservation Board for many years and have been an active preservationist; still am. We have many historic districts in the City of Miami, and they have done wonders for the neighborhood. I don't think anyone will argue that they haven't been very good. All of them have vacant land And one of the reasons that's important in a historic district is there is review over what is built on the vacant land. So if you have a lot taken out of your historic district and you don't have any review for Certificate of Appropriateness, then you're doing a major disservice to your historic district. I was so thrilled that, recently, East Little Havana became a historic district in the City of Miami. The Miami River -- South Bayshore Drive District and this district really come together, so what we have is a larger historic district. I think -- I can't tell you how excited I am that Stephanie Meek was here today. To have the National Trust for Historic Preservation being -- I'll finish real quick -- involved with the City of Miami, as they have been recently, is a real step forward and plus. This has not happened in the past. The fact that they have declared Little Havana as endangered -- and I think we all know that, the historian in me -- I think this says it -- I don't have to say it again -- but the fact the National Trust says Little Havana as not just a Miami stoty but a national story, so we must keep this and we must not allow this to happen in the district. Thank you. Chair Gort: Thank you. Mr. Hannon: Next three speakers: Francine Madera, Dolly Maclntyre, and Sallye Jude. Francine Madera: Hi. Thank you, Commissioners. My name is Francine Madera, and I'm actually going to read a letter into the record from Nancy Liebman, who is a preservationist of over 30 years. She helped pioneer the Art Deco District, the North Beach District; she's currently the founder and president of the MiMo Association Board, and is also working on preservation for Little Havana. "Dear Mayor and Commissioners: I am writing as a long-time preservationist in support of Developer Arva Jain's appeal of a HEP Board's approval to lift the South River Historic District Overlay for a single property across from the Miami River Inn, one of the City's finest historic treasures. The overlay guidelines were properly put in place years ago at the urging of Sallye and Jim Jude, ardent preservationists and former owners who brought attention to a blighted neighborhood and, at a great expense, restored the Inn many years ago. The purpose of the overlay was not merely to protect the Inn, but to protect the integrity of the historic neighborhood surrounding it. Removal of the standards for one developer, who has since purchased the site across the street from the Inn to specifically optimize his investment, comes at the expense of a neighborhood. The lack of overlay guidelines will surely result in an insensitive development that will place the Inn in constant shadows. Without the overlay, there could be a parking garage facing the front of this historic place. Twelve stories could be built if the developer attempts a unity of title for his abutting property. A lack of setbacks and view corridors will surely reduce the value of surrounding properties. Allowing one property owner to opt out of this protective overlay is poor planning and detrimental to other preservations" -- 'preservation efforts in this City. It will set a dangerous precedent and place the Miami River Inn and all other historic neighborhoods in jeopardy. In addition, the Florida Trust for Historic Preservation holds a conservation easement on the 'opt out' property in question. That is indeed a serious issue that should not be ignored, as the developer sues the Trust to remove the easement. I urge you to rectify the mistake made by the HEP Board and vote to protect the integrity of the Miami River Inn and the surrounding historic character of a very important neighborhood." Chair Gort: Thank you, ma'am. Next. Yes, ma'am. Dolly Maclntyre: I'm Dolly Maclntyre, advocacy chair for Dade Heritage Trust, with offices at 190 Southeast 12th Terrace, in Miami. I'd like to raise the issue of the view and the connection of the Inn with the river. In your ordinance, there's specific language about protecting views for historic properties. We recently had a case of Vizcaya being threatened with an improper view, and that was defeated the construction was defeated I would point out to you the Miami Circle, City of Miami Page 121 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 and the impact of the development next door to it. It has a 14-stoty high concrete wall as its neighbor, at -- which greatly detriments the site. If there's not any control on this property, which can be done through the historic designation, the Miami River Inn could be facing a 14-story high concrete wall. So, please, at the very least, allow there to be some design guidelines and control over what might eventually go into that property, but do keep the designation. Thank you. Chair Gort: Thank you, ma'am. Next. Sallye Jude: I'm Sallye Jude, and I live at 416 Vizcaya Avenue, Coral Gables. And I probably know the history better than anyone. But do you know that there's a boat slip at this site, and this site was an opportunity for the Miami River Inn to access the river and have its residents use the river? That was very active in the early days of that. Also, it's not recorded anywhere, but I am aware of two Spanish gold pieces that were found on the site, so perhaps there's archeological significance, too. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Next three speakers: Seth Sklarey, Teri D'Amico, and Mariano Cruz. Seth Sklarey: Seth Sklarey, Coconut Grove. When I first started working in the City of Miami, I had -- I was employed along with Mariano Cruz, in this area, and we pretty much drove past this property every day, through the property and through this district. And I always wondered what it was like back in the early days, say -- I've been on the property. I was on the property before Sallye Jude bought it, when she renovated it, and now with the great things that Arva Jain is doing. But you're standing on the top of a very slippery slope here, because if you take this property, the 109 property out of the historic district, you're setting a precedent, and you're -- it's like the camel sticking its nose into the tent. It's the beginning of the end There's a tremendous undercurrent in Little Havana for historic preservation. In the years that I drove through this area for a hundred -- you know, every day, every day, I didn't like the architecture that was being built there, because it didn't make any sense. You're putting buildings on small lots, and creating architectural monstrosities of you know, where you have a small lobby and had to go up narrow stairs and things like that, and it was just terrible. And then I look at the old buildings, the old vernacular buildings that were built in the early 1900s and the late 1890s. To take this property out of the district, you're destroying the concept of historical district. Tucker Gibbs brought up the allegation that it doesn't have a building on it. It doesn't matter. Barbara -- Arva was very clear on that. Do not remove this. You're creating a -- you're preventing the access to the Miami River and you're destroying the concept of historical preservation. Thank you. Chair Gort: Thank you, sir. Next. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, in the City of Miami. I can talk about that neighborhood. Let's keep it historical, because that's the way it should be. Because I remember the Dawn Hotel, all those places. You know who was -- live there for many years and he couldn't even sick? He wasn't sick? Vallejo lived there, and Pit Bull father lived there too in that place, so it's a lot of people have been living. I used to go there and go around, around. And not only that, but you see, it was used by a lot of things in many ways. Function -- it's functional things: the market thing, Centro Mater. A lot of things were used there, and lately, the (UNINTELLIGIBLE) with this lobster business for many, many years when some of these people were not evening around here, and they were working there and really working, because I know fishing is a hard -- been very hard job, because I have done fishing myself commercially, and it's not easy. It's very easy to sit down and eat the lobster and all that, but it's not easy to catch it, okay? Well, I like to keep it the way historic. Thank you. Chair Gort: Thank you. City of Miami Page 122 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Teri D'Amico: Teri D'Amico, Bay Harbor Islands, Florida. I just want to say that de -designation within a historic district or an individual property will set a horrible precedence, as many others have talked about. It'll create a negative domino effect, and you'll be hearing these cases over and over again. We -- it'll encourage developers to purchase within districts and then ask to designate. As the oldest hotel in Miami, the easement was created to respect this historic structure named after the River. So without an easement, the new -- we know it's inevitable that new, insensitive, incompatible construction will come in if it's not being heard by the Historic Preservation Board and under their guidelines. And this kind of development will dwarf this inn. It's going to -- if it -- people that don't understand style aren't sensitive to this architecture and the views, what's the point of having a relationship -- contextual relationship to the river that will no longer represent this time and place? And if it no longer represents it, future generations will never understand the importance of the river to Miami's history and the purpose of the district. And this process was flawed, but don't get stuck on that. You're to decide whether it's historic or not, because -- don't get caught up in this; it's right here for you to decide. Thanks. Chair Gort: Thank you, ma'am. Mr. Hannon: Next three speakers: Francine Madera, Alex Manteron [sic], and Manuel Prieguez. Ms. Madera: I'm back. Francine Madera, 1800 North Bayshore Drive. I am speaking in favor of this appeal. I am actually the project manager for the Miami River Inn. And as a native of South Florida, I'm very grateful to have this opportunity to be working with this project and to be new to the preservation movement, because you really get the sense of how rich Miami's culture and history is. Even though there is no structure on that lot right now, that lot is our connection to the river. That is the connection. They were bringing up aspects that there's no historic tie to it; that is incorrect. That lot connected to the river is the Miami River Inn's connection. When you stand at the River Inn and you see it, there's no question. I invite all of you to come and take a tour so you can see that that lot is as important as the rest of the property. Our appeal here is simply to try to get -- to make sure that there's design criteria. As we all know, not every developer is thoughtful and mindful of what they're building and designing. All we're asking is that the lot across the street is considerate of this historic aspect that is there and has been there, as this is one of Miami's oldest neighborhoods and is currently Miami's oldest hotel. It's amazing how much growth and development Miami's going through right now, but what kind of future are we building if we're not preserving our past? And if we're not being considerate of what is surrounding our precious historic neighborhoods, then what is all of this for? I encourage you to protect it. This is simply to make sure that whatever goes up there next is thoughtful. This is not antidevelopment. It is meant to hold up a design criteria that protects the integrity of one of Miami's oldest properties. Thank you. Chair Gort: Thank you. Next. Alex Mantecon: Good evening, Alex Mantecon, 3267 Riviera Drive, in Coral Gables. Well, I've been in a pickle here because I have acquaintances here with both sides of the story, so -- but I felt I had an obligation to come here, simply because I am the -- part of the second most affected property owner, besides the Miami River Inn, because I am the property that's immediately across the river from the subject property. So, basically, I put myself in everybody's shoes, and I say, "Well, if I'm the Miami River Inn, you know, what do I stand to gain? What do I stand to lose? If I'm Manny Priegues, what do I stand to gain, what do I stand to lose? And what is right and what is wrong?" And if this truly was a district, the way I would have seen it was the rest of Manny Prieguez' parcels would have also been included in the district, because there's no reason to just have basically carved out in a very awkward fashion one parcel just to -- and say that, "Well, this is part of a district." If you want to have connectivity between the Miami River Inn City of Miami Page 123 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 and the waterfront, well, you include the entire waterfront; you don't just carve out one parcel. So if it was the connectivity, well, then this is no -- then this is not really -- the only reason it was designated a historical property was because there was historical structure on it; otherwise, the other parcels would have also been considered historical. I've heard a lot about the connectivity of the public access from the street to the waterfront. Under Miami 21, you are required when you build -- based on the new waterfront standards of Miami 21, you are required to provide a view corridor with public access to the Miami River. He is going to be required to have to build a river walk that the Miami River Inn would be able to access, and they would be able to access through an easement, through a view corridor that either he or the next developer would have to create there. So Ilook and I say, "Well, the Miami River Inn doesn't really stand to lose much from that perspective." As a matter of fact, they stand to gain, because now they'd actually have access to the waterfront when a new development comes in. So I really don't see the -- you know, why this property should be historic, because there really is nothing there. Chair Gort: Thankyou. Next. Excuse me. Excuse me. Unidentified Speaker: (UNINTELLIGIBLE). Manuel Prieguez: That's right. Mr. Chairman, she was called earlier. That's why I wanted to see if she wanted to come before me. You want to come? Okay. No problem. Manny Prieguez. I live at 4000 Malaga Avenue. And it's sort of ironic today. Would you folks believe that today marks the 53rd year that my parents arrived from Cuba, and they're sitting here in the audience right here, and I think that that's, you know, sort of interesting that today should mark that day, because ever since they came here from Cuba, all my dad and my mom have done is worked tirelessly; first, to bring the rest of the family in -- and you met a couple of my uncles earlier this morning -- and then, with some good luck, my dad was able to rent a property very close to this subject property, two properties away, at 135 Southwest South River Drive. He rented that property on a month -to -month basis in 1969. In 1997, we were finally able to purchase it. When I started working with my dad in 1993, the business started growing and more opportunities presented itself because we kept working so hard. And slowly but surely, we started, you know, accumulating parcels to help our business and to lead our business to grow, and that's why we have the land that we have today, because of all our hard work. But my dad's 83 years old, and my mom's 81. And you know, we have to look at things from a realistic perspective. And so he said to me, "See what's out there. See if there's a possibility for us to sell. " Well, I couldn't do that, in good faith, without, you know, really going into the issue of whether this parcel belonged in an historic district or not. And when I analyzed it, there was no structure on it, and it just did not belong in there. It's been a lobster yard. It was a lobster yard even before I bought it, because Ms. Sallye Jude leased it to me for a number of years, even before I purchased the land from her, so to me, it made the most sense in the world, you know. And so, forgive us for wanting to maximize our hard work and my dad's hard work, especially, over so many, many, many years. I mean, this is basically the culmination of what this man has done since he arrived from Cuba in 1962, you know. And Arva Jain has been great in this community. I applaud her. The Vagabond is beautiful. And she's made a big investment in the Miami River Inn, but it doesn't feel right for her to attempt to protect that investment at our expense. So I would respectfully ask you to support the recommendation of removing this parcel from the Historic District. Thank you very much, Commissioners. Chair Gort: Thankyou. Anyone else? Arva Jain: Hello. Arva Jain. I live at 900 Biscayne Boulevard, Miami. Chairman, Commissioners, I -- I'm just a little taken back right now. When I invested in the Miami River Inn, it was because it was within a district. The district -- being -- having a design with design overlays does not impact the value of your property, in my opinion, to (UNINTELLIGIBLE). In fact, I think MiMo has been proof of that. This is a design criteria. This does not take away his rights to build In fact, I've told Manny, "Bring forward a project; I will be supportive." I am a City of Miami Page 124 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 pro -developer; I think the Commission knows that. I am about thoughtful development, but I am about historic districts. I bought this property because it was in a historic district. It's public record. I paid $8.6 million in April, and then in May, I'm no longer part of a district. The district matters because when I make an investment, the properties next to me -- and I knew it wasn't all of it. I'm not here asking for a downzoning of his T6-8. I don't know how you pulled -- managed to get that, Manny, but I'm not here for changing zoning. I'm asking for design criteria in a district -- when I bought the property, it was there. When he bought the property, the overlay was there and the easement was there. You run the title report, the easement's there. I ran a title report. I have an easement. I have contributing and noncontributing properties. My job, though, is that I can come in front of the HEP Board, who is very -- they're also very receptive. There is nothing that prevents this property from being developed. All it is is being respectful to a district. I bought there because of that district. You do that, then why did I do MiMo? Why did I do Vagabond? Why -- that would like allow somebody next door to Vagabond to build whatever they want. That impacts my rights, my values, my obligations. So with all due respect, Manny, to you and your family -- and I'm a relative newbie, I -- you know, you should honor the commitment you made when you bought the property. Nobody's imposing anything. You're asking for something to be taken away, and you're asking for something now to be imposed on me. So honor, respect the historical significance of that property. Property is not always about structure. Property is about the cultural history and the intent of that neighborhood. That's why I'm there. That's why I'm making that investment. All I'm asking is that what's there, what the property owner knew was there, be maintained. Chair Gort: Thank you. Ms. Jain: Thank you. Chair Gort: Yes. Wait a minute. Let me ask, is anyone else? Commissioner Suarez: I just want to ask a quick question to the Planning director. What's the zoning of that parcel? Ms. Gonzalez: The zoning of the subject parcel is T4-R. Commissioner Suarez: Okay. Just want to make sure, because I -- I think it was represented that it was a T6-8 or something (UNINTELLIGIBLE). Ms. Gonzalez: The parcels to the south, which are also owned by the same property owner, are T6-8. Commissioner Suarez: But the ones that -- Ms. Gonzalez: But they're outside of the -- Commissioner Suarez: Right. Ms. Gonzalez: -- historic district. Commissioner Suarez: The one in the district that we're talking about is T4? Ms. Gonzalez: T4-R, correct. Vice Chair Hardemon: Was it down zoned at any time? Ms. Gonzalez: No. It had a former zoning designation of R-3, which is compatible with the existing T4-R. City of Miami Page 125 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Commissioner Suarez: Right. Ms. Gonzalez: And the properties to the south used to be under 11000 Cl, which is equivalent to the T6-8 that's there today. Chair Gort: Anyone else? Mr. Hannon: Chair, I have no additional speakers signed up for item PZ 4. Chair Gort: Close the public hearing. Comments. Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. I want to verify something that Ms. Jain said. Your properties are still in a historic district, though, correct, which you purchased? You're still in a historic district. Ms. Jain: Yes. It encompasses a whole other (UNINTELLIGIBLE) across the street. Commissioner Carollo: Okay. My first question -- I don't know if I'm going to get an answer, or who from the Administration can answer, is why wasn't any of these other properties next to that designated as a historic district? Ms. Gonzalez: We're verifying that information; give us a moment. Commissioner Carollo: Thank you. Chair Gort: Because of the billboard. Meagan Schmitt: Is this on? Hello? Meagan Schmitt, a historic preservation officer. Sallye Jude is here, and I really appreciate her providing some information, but she just is explaining to me that they were not able to acquire the properties to the south of the parcels. That's why they weren't included in the district. Commissioner Carollo: So the only part that were -- so in other words, the only area that was actually placed as a historic district was the properties that she purchased? Ms. Schmitt: Correct. Commissioner Carollo: So in other words, if I buy a block and I make that block historic district and there's no expansion, even though across the street or somewhere else there's, you know, possibly conforming historic buildings, if it's not owned by me, then it just seems like it's a little -- I don't know -- I don't want to say the word "self-serving" but it just seems like if this was really a district area, I think some of these other properties, whether she owned them or not, should have been included. And by the way, let me start by saying that I understand Ms. Jain's, you know, contributions in the City of Miami. I just -- now I understand the hard work of Cuban immigrants, like your parents, that came here and have been there for God knows how many years working, so I understand that. And believe me, this is very challenging because I truly do see both sides. I truly do see both sides. And as a matter offact, Arva's comments with regarding to, you know, being proud that an area in Little Havana is named "historic," you know, I'm also proud of that. And as a matter offact, the City was the one who initiated that. However, it seems like that wasn't good enough, so there's -- I don't know. I like to have City of Miami Page 126 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 balance, and I like to make sure that there's not extremes. So I am happy with regards to Little Havana in the areas of -- being named Historic, 'but again, I don't know if -- how much we should expand. And it seems like now, yeah, we were named one of the areas as most endangered, but, you know, usually, I like balance, and even fair and balance, where I wish the input of the City of Miami would have been taken into consideration. But anyways, with that said listen, I don't know how my colleagues feel, but it seems to me that there's no buildings there. All the surrounding properties are not designated historic, so I don't really see the benefit of having this property continue to be historic; not to mention that there our professional staff and the HEP Board have recommended to remove the historic district from that property, so I'm -- I want to hear from my colleagues, but I'm willing to vote and affirm what the HEP Board recommended; their recommendation and our Administration's recommendation. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Yeah, I kind of echo the district Commissioner's sentiments. Obviously, when you have professional staff when you have the HEP Board making a determination, that's vety influential in our decision, andI think what's also influential is that this particular property's vacant. You know, we struggle often -- and I can tell you -- you know, I think the City's efforts are in favor of balancing and making areas more protected, historically, and, you know, obviously, East Little Havana is one of them. We're looking at Shenandoah, as well, and we've been working with the Shenandoah Homeowners Association to make the 1920s homes in Shenandoah also historic. But you do run into situations where a property gets rundown, and it's a vety tough predicament, because you don't own the property as the City, and it affects the quality of life of others around you. So the question is, at what point do you step in, and at what point is someone's irresponsibility with respect to taking care of a property, particularly a historic property, something that requires the City to step into? We -- I could tell you, my district -- and I don't want to speak for the Commissioner next to me, but I think he's taking a similar stance. We hesitate tremendously before ever considering demolishing a property that's historic. That's -- it's the final, final -- it's got to be the final straw; I mean, unreconcilable [sic] situation, and that obviously happened here in this case prior to the applicant's ownership of the property. You know, I have to say, too, that as I was listening to the comments, you know, just because someone takes that historic designation out doesn't necessarily mean that a historic structure's not going to be built there. That just means it doesn't have to be built there, but it can be sold to anyone, and as Jain, who's done a phenomenal job of you know, preserving the historical character of many of our structures within the City of Miami, or anyone else, for that matter, who could decide on their own to sell it, to build a historical structure, to build something that contributes -- by the way, I don't know how historical a brand-new building that looks historical is. It's kind of like a -- it's kind of like -- I mean, that's a whole different debate. It's kind of like a car when you buy -- you know, it's not the same when you buy a classic car than when you buy a replica of a classic car, so I guess that's a whole 'nother debate that we can have on a different day. But, you know, there still is the easement issue, which is a private individual's right, and that still is an overlay here. Obviously, like I said there's a right of whomever purchases it to designate it -- you know, to build it historic or a replica, I guess, of a historic structure. That's always a right of any person -- private property owner. I don't think in the -- and I'm sorry for being long-winded I'm just toying to like reason through this. I don't think in the six years that I've been at the City Commission that we've ever -- you know, we've ever designated a vacant lot historic, so I don't think that's ever happened. I'm not saying that there's not vacant lots in historic districts, because there clearly are, and there will be in Shenandoah, I'm sure. But, you know, we just can't -- I mean, people come and -- I don't know how contributing a structure can a vacant lot be to a historic district, so that's another, I think, debate that can be had and I invite both of you to talk to me about it, both of you, Becky, and Arva. I'd love to have that broader conversation with you, because I think that's an important conversation to be had. You know, it's a T4 lot. What can you build on a T4? City of Miami Page 127 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 Ms. Gonzalez: I think three -stove building -- Commissioner Suarez: Yeah. Ms. Gonzalez: -- up to 40 feet. Commissioner Suarez: So it's not a 12-story building. It's not like some massive thing. It's a three -stove building that can be built. It's not going to be some dwarfing, overwhelming thing. So if somebocy buys a T4 lot, they can build the same exact thing, whether there's a historic designation or not, correct? Ms. Gonzalez: That is correct. Commissioner Suarez: Could -- let me ask you this other question. Could someone buy the property and say, "You know what; we can only build a three-story lot. We want to build the homes as they were, replicate them, and reintroduce the historic overlay so that it now takes over those properties"? Could that do that, as well? Ms. Gonzalez: It would have to meet the criteria -- Commissioner Suarez: Of course. Ms. Gonzalez: -- to designate; and if that would be the case, then yes. And it would have to go through the same process that -- Commissioner Suarez: Sure. Ms. Gonzalez: -- it went through the HEP. Commissioner Suarez: And that would create -- that would establish design criteria for anything in the future that would --? Ms. Gonzalez: Correct, but there are certain criteria that needs to be met -- Commissioner Suarez: Of course, it has to be historic. Ms. Gonzalez: -- which were 50 years or more. Commissioner Suarez: Well, I don't know how you can do that. That's part of the problem. Ms. Gonzalez: Correct. Commissioner Suarez: How do you consider something to be historic that is vacant and then rebuilt that hasn't been built -- in existence for 50 years? Ms. Gonzalez: That would be on the difficult side. Commissioner Suarez: I think -- I don't think there's much more to say than that. Chair Gort: You want to (UNINTELLIGIBLE)? Let me tell you how I feel about this. This is a T-4. We have a lot of buildings -- building Coral Way in the past that would go all the way up, and we made some changes. And some of those buildings in Coral Way, the back part, it goes to the neighborhood. They have to take certain thing down and create apartments so it be according with environment. The problem with a historical site, it scares people because people City of Miami Page 128 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 don't know what they can do, so that makes it -- that property unsellable. Now, with a T4, if you take that away, the historical site away, they have to build according to the T4, and I think this is something for -- and I can see the -- everything that's taking place here. This is going to go to court. This is going to be appealed And this will get re -appealed the whole life. My suggestion to you is -- I can see the votes here are in favor -- for you two to get together and come up with a plan and that could be very helpful to the both of you, and you can save a lot of money. Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'd like to make a motion to affirm the HEP Board's recommendation. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Suarez: Deny the appeal, correct? Commissioner Carollo: Deny the appeal and -- Commissioner Suarez: Second. Commissioner Carollo: -- vote in the affirmative for the HEP Board's recommendation. Commissioner Suarez: Second. Chair Gort: Okay. Commissioner Suarez: Second. Chair Gort: Is there a second? Commissioner Suarez: Yeah, second Chair Gort: Second. Any further discussion? Being none, all in favor, state it -- it's an ordinance. Mr. Hannon: Chair, it's a resolution. Ms. Mendez: It's a resolution. Mr. Hannon: You can vote it up or down. Chair Gort: Resolution, okay. There's no further -- all in favor, say aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Chair Gort: What do we have next? Mr. Hannon: Chair, there's nothing remaining on the regular agenda, unless there's any -- Commissioner Carollo: Motion to -- City of Miami Page 129 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 D4.1 14-01024 Mr. Hannon: -- pocket items. Commissioner Carollo: -- adjourn. Chair Gort: Motion to adjourn. Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING CONDITION OF FLAGLERAND EIGHT STREET BUSINESS CORRIDOR. 14-01024 E-Mail - Discussion Item.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item D4.1 was deferred to the September 10, 2015 Regular Commission Meeting. City of Miami Page 130 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 NA.1 15-00895 END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM PURSUANT TO THE PROVISIONS OF SECTION 286.011(8) FLORIDA STATUTES, AN ATTORNEY CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR JULY 23, 2015, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: VILLAGE OF KEY BISCAYNE VS. CITY OF MIAMI, CASE NO. 15-2997 CA 21 PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATION OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. DISCUSSED Victoria Mendez (City Attorney): Chairman. -- Chair Gort: Like to do -- yes. Ms. Mendez: -- do you mind if I read a request for a client session really quick? Chair Gort: Go right ahead. Ms. Mendez: Thank you. Mr. Chairman and members of the City Commission, pursuant to provisions of Section 286.0118, Florida Statutes, I'm requesting that at the next City Commission meeting of July 23, 2015, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 152997 CA-21, pending in the Circuit Court for the Eleventh Judicial Circuit. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation. Thank you. Chair Gort: Thank you, ma'am. NA.2 RESOLUTION 15-00896 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL ASAMEMBER OF THE CHARTER REVIEW AND REFORM COMMITTEE FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marie Mato City Manager Daniel J. Alfonso City of Miami Page 131 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 NA.3 15-00786 District 4- Commissioner Francis Suarez Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0303 Nicole N. Ewan (Assistant City Clerk): And the Manager does have one non -agenda item. Charter Review Committee does have a vacancy, and the City Manager would like to appoint Marie Mato. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Ewan: That concludes the boards. Chair Gort: Thank you. That was pretty good. Commissioner Suarez: That was three minutes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ALLOCATING GRANT FUNDS FROM THE DISTRICT4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN INITIAL AMOUNT OF $50,000.00, BUT A TOTAL AMOUNT NOT TO EXCEED $100,000.00, FOR AN ELDERLY ASSISTANCE GRANT FUND OPERATED BY THE MIAMI FOUNDATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SPONSORSHIP, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0306 Chair Gort: Planning & Zoning, would you go over the procedures? Unidentified Speaker: I was locked out. Commissioner Suarez: Mr. Chair. City of Miami Page 132 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 NA.4 15-00897 Victoria Mendez (City Attorney): We will now begin the Planning -- Commissioner Suarez: Wait, wait. I have two pocket items. One is a discussion item; another one is an allocation of poverty initiatives. Chair Gort: Okay, pocket item, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. One of them is an allocation of $50, 000 to the Miami Foundation for an elderly assistance grant program. The legislation, which is here -- Ms. Mendez: Is it 50 or 100? Commissioner Suarez: It's not to exceed 100, but it's going to be an initial allocation of 50. Ms. Mendez: Okay. Commissioner Suarez: Right. -- will be given for a variety of things, but essentially, to help senior citizens who are experiencing financial difficulties in a variety of different contexts. So it's in keeping with my philosophy of trying to help, you know, people in the workforce get workforce trained; children get technology -based training; and obviously, the elderly who are not going to go back into the workforce, get assistance with paying for things that they would otherwise have needs to pay for but cannot. So I move the item. Commissioner Carollo: Second. Chair Gort: It's been moved by yourself -- by Commissioner Suarez; second by Commissioner Carollo. My understanding, this is from the poverty -- Commissioner Suarez: Yes. Chair Gort: -- funds that you have. Commissioner Suarez: Allocation for District 4, yeah. Chair Gort: Okay. Any discussion? Commissioner Suarez: No. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. 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; FURTHERMORE, DIRECTING THE ADMINISTRATION TO BRING BACK AN AGENDA ITEM AS SOON AS POSSIBLE ADDRESSESING THE PAYMENT ISSUES ASSOCIATED WITH THE PROVIDER. DISCUSSED Commissioner Suarez: Mr. Chair, one last thing is on the June 11 Commission meeting -- this is more of a discussion item and just kind of bringing it to the Commission's attention, the City of Miami Page 133 Printed on 8/6/2015 City Commission Meeting Minutes July 9, 2015 ADJOURNMENT Administration's attention -- we directed the Administration to fix the on -demand transportation issue. We're now on, you know, the first meeting in July, and there hasn't been an item brought to the Commission. The vendor still hasn't been paid. It's been 10 months, I believe, that the vendor has not been paid and, thankfully, has not discontinued services, but this is a service that we obviously depend heavily on in our City; I do in my district as well. And, you know, I'm asking the Administration to please bring forth an item to fix this issue, and obviously, it's going to be something that we need to fix for next year's budget as well. Chair Gort: Right. My understanding that was the direction that was given to the Administration. Commissioner Suarez: Yes. Chair Gort: The Administration's working on it. I had a meeting with them, and I sit down with them; they put him up to date on a lot of the things that took place in the past, and I wouldn't have any problem with it, okay? Commissioner Suarez: Thank you. Chair Gort: Thankyou. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Can we get a timeline on when it's going to be brought back to this Commission? Because I just -- I guess the policymakers are making policy and -- Chair Gort: Okay. Commissioner Carollo: -- it seems like we keep waiting and waiting, and patience and waiting. So do you think it's possible to see when it's coming back? Fernando Casamayor (Chief Financial Officer): Yes. Good afternoon, Commissioners. Fernando Casamayor, Assistant City Manager. We are working in order to resolve this issue. Hopefully for the next Commission, we'll get it on. Commissioner Suarez: And by the way, just to be clear, you know, it -- let's say the next Commission meeting is in two weeks; that's two more weeks where they will not get paid, and that's two more weeks they will be providing services every single day without getting paid. And it's been, you know, since June 11, when we directed the Administration to deal with this issue, so Mr. Casamayor: Understood, Commissioner. We are working on it. We'll resolve it as quickly as we can; and hopefully, for the next Commission meeting this will be. That is my plan. Commissioner Suarez: Thank you. Chair Gort: Thankyou. Commissioner Suarez: Thank you. The meeting adjourned at 5: 56 p.m. City of Miami Page 134 Printed on 8/6/2015