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HomeMy WebLinkAboutCC 2015-09-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ID -mom 1°r ic ime9HP�Ry7��. Ia 00 r Meeting Minutes Thursday, September 10, 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 September 10, 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 10/5/2015 City Commission Meeting Minutes September 10, 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 10th day of September 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 9:03 a.m., recessed at 9:36 a.m., reconvened at 9: 53 a.m., recessed at 12: 12 p.m., reconvened at 2:10 p.m., recessed at 2:12 p.m., reconvened at 3: 02 p.m., recessed at S: 39 p.m., reconvened at 9:22 p.m., and adjourned at 9: 23 p.m. Note for the Record: Commissioner Carollo entered the Commission chamber at 9:32 a.m., Commissioner Sarnoff entered the Commission chamber at 9: 43 a.m., Commissioner Suarez entered the Commission chamber at 9:53 a.m., and Commissioner Hardemon entered the Commission chamber at 11:12 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: (UNINTELLIGIBLE) Chairperson, Wifredo "Willy" Gort. Also, it should be here our City Manager Alfonso, Daniel Alfonso; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. At this time, I'm going to ask you to stand for a prayer, which I will do myself. And Todd, would you do the pledge of allegiance, please. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-01149 PRESENTATION Honoree Presenter Protocol Item Capt. Manuel A. Arango Mayor and 2015 EMS Peer Lt. Alexander Commissioners Recognition Fernandez Award Lt. Joselin Fernandez Lt. Leonardo Hernandez FF Joseph E. Beraldi FF Kristen M. Gurucharri FF Ariel Santiago FF John G. Turner Miami Firefighter Mayor and Appreciation Month Commissioners 15-01149 Protocol Item.pdf Proclamation City of Miami Page 3 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 PRESENTED 1) Deputy Fire Chief Joseph Zahralban and Assistant Fire Chief Terrence Davis presented EMS Peer Awards to Capt. Manuel A. Arango, Lt. Alexander Fernandez, Lt. Joselin Fernandez, Lt. Leonardo Hernandez, Firefighter Joseph E. Beraldi, Firefighter Kristen M. Gurucharri, Firefighter Ariel Santiago and Firefighter John G. Turner for their delivery of the highest level and extraordinary EMS service to the public; furthermore acknowledging that these individuals were selected by their peers as the cream of the crop for EMS service and identing their willingness to lay down their lives to save others. 2) Mayor Regalado and Commissioners presented a Proclamation to the City of Miami Firefighters, paying tribute to them for their critical contributions and faithful devotion in serving to preserve the security of all Miamians; and for their meritorious service during the 2015 Fill the Boot'campaign, where they raised over $1.4 million in over 300 communities, making them the Muscular Dystrophy Association's largest source of funding; and furthermore recognizing their efforts to alleviate the devastating effect of muscular disorders; thus, declaring this month City of Miami Firefighter Appreciation Month." Mayor Tomas Regalado: Thank you very much, Mr. Chairman, and good morning. I would like to ask the Manager, the Fire Chief Assistant Chief Deputy Chief. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon MAYORAL VETOES Chair Gort: Do we have any minutes to pass, to approve? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the regular meeting minutes from the July 9, 2015 Miami City Commission meeting. Chair Gort: Is there -- do I have a motion? Commissioner Sarnoff So move. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff second by Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: By the way, Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. City of Miami Page 4 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 ORDER OF THE DAY Chair Gort: Madam Attorney, would you go over the procedures. Victoria Mendez (City Attorney): Yes, Chairman. Thank you. Good morning. Any person who is a lobbyist must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda today is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phone or other noise -making devices are permitted in Commission chambers. Please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notilY the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the 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 the City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce what items, if any, are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you, ma'am. Mr. Manager. Daniel 1 Alfonso (City Manager): Mr. Chairman, items that are being deferred or withdrawn are: SR.1, which is being withdrawn; AC.2, which is also being withdrawn; and RE.1, which is being deferred to November 19. Chair Gort: Thank you, Mr. Manager. Ladies and gentlemen, we have a few proclamations we have to give out today, but I would like to wait for some more of the Commissioners to get here. As soon as they get here, we'll start. Later... Chair Gort: (UNINTELLIGIBLE) once again, please. Mr. Alfonso: Yes, Mr. Chairman. The items that are being withdrawn are SR.1 andAC.2. And item RE.1 will be deferred to November 19; and item RE.6, to the first meeting in October. RE. 1, deferred to November 19; and RE.6, deferred to the first meeting in October. SR. 1 and AC.2, withdrawn. Chair Gort: SR. 1, and what's the other one? Mr. Alfonso: AC.2. Chair Gort: AC (Attorney -client)? City of Miami Page 5 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Mr. Alfonso: Yes, AC, the legal meeting; there's two meetings. One of them was withdrawn. Chair Gort: Okay. Any other Commissioner would like to defer or request any other item? Commissioner Suarez: SR. 1 is withdrawn, you said? Mr. Alfonso: Yes, sir. Chair Gort: Any other Commissioner would like to pull any items? Commissioner Sarnoff Make a motion as stated. Commissioner Suarez: Second. Chair Gort: There's a motion, there's a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 6 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00881 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES (YEAR 2014)" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $100,000.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT AND PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 15-00881 Summary Form.pdf 15-00881 Legislation.pdf 15-00881 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0343 CA.2 RESOLUTION 15-00968 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Building ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 26, 2015, PURSUANT TO INVITATION FOR BID NO. 476329, FROM MCO ENVIRONMENTAL, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF ASBESTOS ABATEMENT SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00968 Summary Form.pdf 15-00968 Invitation For Bid.pdf 15-00968 Legislation.pdf 15-00968 Exhibit - Bid Tabulation.pdf 15-00968 Exhibit - Award Sheet.pdf 15-00968 Exhibit - MCO Bid.pdf 15-00968 Exhibit - Corporate Detail.pdf Fiscal Impact: Approximately $21,600.00 Annually City of Miami Page 7 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0344 CA.3 RESOLUTION 15-00966 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF ANTIVIRUS, Technology ANTI-SPAM, NETWORK SECURITY LICENSES, SUPPORT AND EQUIPMENT PURSUANT TO INVITATION FOR BID NO. 499327 FROM DIGITALERA GROUP, L.L.C., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00966 Summary Form.pdf 15-00966 Invitation For Bid.pdf 15-00966 Legislation.pdf 15-00966 Exhibit.pdf CA.4 15-01021 Fiscal Impact: Approximately $60,000.00 Annually This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0345 RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Estate and Asset RECEIVED JUNE 17, 2015, PURSUANT TO INVITATION FOR BID NO. Management 501325, FROM BLUE WATER MARINE SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF SCHEDULED AND EMERGENCY UNDERWATER VISUAL INSPECTION REPORTING/REPAIR, FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, ON AN AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF THREE (3) 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 DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF City of Miami Page 8 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 CA.5 15-00999 FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 15-01021 Summary Form.pdf 15-01021 Bid Tabulation.pdf 15-01021 Bid Response.pdf 15-01021 Corporate Detail.pdf 15-01021 Invitation For Bid.pdf 15-01021 Legislation.pdf Fiscal Impact: Approximately $20,000.00 Annually This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0346 RESOLUTION Department of Capital Improvement Programs/Transportat ion CA.6 15-00841 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE SERVICES WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AS PART OF THE CITY OF MIAMI DOWNTOWN BEAUTIFICATION EFFORTS, FOR FLAGLER STREET RECONSTRUCTION, PROJECT, B-30606; WITH FUNDS TO BE ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. B-30606, FOR SAID PURPOSE. 15-00999 Summary Form.pdf 15-00999 Legislation.pdf 15-00999 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0347 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR A PERIOD NOT TO EXCEED THE LAST DAY OF JULY 2018, FOR A LICENSE AREA VARIANT FROM APPROXIMATELY TWO (2) FEET TO TWENTY (20) FEET OF A PORTION OF THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 900 SOUTHWEST City of Miami Page 9 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 1ST STREET, MIAMI, FLORIDA (A/K/A MANUELARTIME THEATER), AS DESCRIBED IN EXHIBIT "B," AND IN EXHIBIT "A," ATTACHED AND INCORPORATED; WITH THE LICENSE BEING USED SOLELY FOR SLOPING, TYING IN, HARMONIZING, AND RECONNECTING EXISTING FEATURES OF THE PROPERTY WITH THE ROADWAY IMPROVEMENTS. 15-00841 Summary Form.pdf 15-00841 Legislation.pdf 15-00841 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0348 CA.7 RESOLUTION 15-01012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING PAYMENTS TO THE CITY OF MIAMI TOTALING $750,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE CASE OF RICKENBACKER MARINA, INC. V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 13-21970 CA 08, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. 15-01012 Memo - Office of the City Attorney.pdf 15-01012 Legislation.pdf 15-01012 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0349 CA.8 RESOLUTION 15-01036 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Commissioner SECTIONS 62-521(B)(3) AND (4) OF THE CODE OF THE CITY OF MIAMI, Francis Suarez FLORIDA, AS AMENDED, WAIVING THE TEMPORARY PRIVATE PROPERTY EVENT LIMITATIONS OF TWO (2) EVENTS PER YEAR, TWO (2) WEEKS EACH, IN ORDER FOR GILBERT'S BAKERY INC. TO CONTINUE OPERATING ITS BUSINESS BY PARKING A FOOD TRUCK AT ITS 3340 CORAL WAY, MIAMI, FLORIDA LOCATION THROUGH DECEMBER 31, 2015, WHILE REPAIRS TO THE BUILDING CAUSED BY A FIRE THAT OCCURRED IN JULY, 2015 ARE COMPLETED. 15-01036 Legislation.pdf City of Miami Page 10 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0350 CA.9 RESOLUTION 15-00906 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND A COMMUNITY SPACE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE PURPOSE OF LEASING COMMUNITY SPACE LOCATED WITHIN THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT FOR USE BY THE CITY OF MIAMI POLICE DEPARTMENT AS AN ON -SITE POLICE OFFICE. 15-00906 Summary Form.pdf 15-00906 Back -Up Documents.pdf 15-00906 Legislation.pdf 15-00906 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0358 Chair Gort: CA.9. Renita Holmes: Good morning, Commissioner, Mr. Chair. Madam Holmes. Chair Gort: Wait a minute, let him present it first. Ms. Holmes: Oh, my bad. Chair Gort: Staff CA.9, is anybody going to address that? Morning, Chief Rodolfo Llanes (Chief of Police): Morning, Commissioners. CA.9 is a resolution, with attachments, authorizing the City Manager to execute a memorandum of understanding and community space lease agreement with Miami -Dade County for the purpose of leasing community space located within Liberty Square Housing Project for use by the City of Miami Police as an on -site Police Office. Chair Gort: Thank you. Yes, ma'am. Ms. Holmes: Madam Holmes, the Women's Association Alliance Addressing Injustice and Violent Epidemia [sic], as well as Women in Public Housing, Education, Finance and Development, Incorporated. It's my concern that we're now beginning to do a lease, when not too recently, it was not a public awareness or notice given of the -- we have a Police Department six blocks away. We have 21 cameras, we've purchased four more, yet we have not deterred over the 68 children and women that have been shot. I'm concerned that when we had a numerous number of cops on patrol, on horseback, on everything; recently, myself, punched in the back by City of Miami Page 11 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 CA.10 15-00984 Department of Police cops at a public hearing, attempting to teach mother's safety and health; been around since weed and seed first days. First business in public housing, no respect for that. I'm concerned that we're giving properties to the City of Miami. Not too long ago, there was an argument between the City and the County about who's supposed to patrol. And here I am, a woman trying to raise my children, Commissioners, in an environment where there's hardly any dialogue, and then I can have a conversation with Chief Llanes, but I got to search through him, because I got to go through his personnel. We got an agency problem with policing. So when I see a memorandum of understanding -- add in the last couple of months, a young man attacked in the back seat of a car, and we don't even know who's giving him his legal rights, or where the young lady is that taped it. I'm concerned that this is becoming a State police project, it's becoming one of containment, and so I would like to know, as a member of the public, and under Department of Justice, and under the fair housing rules and laws, is this an opportunity to get land, to ensure that you receive it? But nothing will ensure us that we're healthy and safe, and that our children's -- and the crimes against our children are going to decrease. I'd like to know a little bit more about what understanding, what facts and what advantages are, and how we can do that, because just giving police properties -- they own everything around there anyway when it comes to the support of housing. And the housing on 12 th Avenue, that's the police in Hialeah. I want to know, are we being contained like animals; women left to no defense? What is this about, this understanding, because I don't have none. Chair Gort: In conclusion. Ms. Holmes: And in conclusion, we need to have more dialogue. We need to demand that when the parents and the mothers ask, "Do you have a task force?" we get answers. We need more disclosure, more openness, more sunshine and more inclusion and partnership when it comes to policing our community; not just giving police the community and the community property. And I believe that if I can have this conversa -- in closing, with you, sir, then we need to have that conversation with every mother around there. How come the police not answering us, responding to us as advocates? Chair Gort: Thank you, ma'am. Thank you. Ms. Holmes: Thank you. Chair Gort: Any discussion? Do I have a motion? Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Suarez. 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 VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, APPROVING THE CITY OF MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE, CONSISTING OF THE MIAMI-DADE STATE ATTORNEY'S OFFICE AND OTHER PARTICIPATING City of Miami Page 12 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 LAW ENFORCEMENT AGENCIES, TO COMBAT ILLEGAL MONEY LAUNDERING, DRUG TRAFFICKING, RELATED CRIMINAL VIOLATIONS, AND TO DISRUPT ORGANIZATIONS ENGAGING IN SUCH ACTIVITY THROUGH COORDINATED AND LONG-TERM INVESTIGATIVE, FORFEITURE, AND PROSECUTION EFFORTS, PURSUANT TO THE AUTHORITY UNDER PART 1, CHAPTER 23, OF THE FLORIDA STATUTES, "THE FLORIDA MUTUAL AID ACT". 15-00984 Summary Form.pdf 15-00984 Legislation.pdf 15-00984 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0351 CA.11 RESOLUTION 15-01024 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY'S COLLEGE OF ARCHITECTURE AND THE ARTS COMMUNICATION DEPARTMENT ("FIU-CARTA"), IN AN AMOUNT NOT TO EXCEED $88,110.00, FOR A PERIOD OF TWELVE (12) MONTHS, FOR PARTICIPATION IN FIU-CARTA'S CULTURAL AWARENESS AND SENSITIVITY TRAINING PROGRAM FOR THE CITY OF MIAMI POLICE DEPARTMENT, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO MAINTAIN THE PROJECT. 15-01024 Summary Form.pdf 15-01024 Legislation.pdf 15-01024 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0352 CA.12 RESOLUTION 15-00863 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PLACEMENT OF A MARKER DESIGNATION, PURSUANT TO SECTION 54-136(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE PUBLIC RIGHT-OF-WAY LOCATED AT THE TRAFFIC SEPARATOR AT THE INTERSECTION OF SOUTHWEST 26 AVENUE AND TEQUESTA LANE, MIAMI, FLORIDA, TO COMMEMORATE "CARLOS J. ARBOLEYA, JR. CORNER" SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. City of Miami Page 13 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 15-00863 Back -Up Documents.pdf 15-00863 Map.pdf 15-00863 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0353 CA.13 RESOLUTION 15-01025 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, PURSUANT TO RESOLUTION NO. 15-0260, ADOPTED JUNE 11, 2015, IN SUBSTANTIALLY THE ATTACHED FORM, THAT REFLECTS A MODIFICATION IN THE PAYEE FROM EDGEWATER CONSTRUCTION GROUP, INC. TO ETCHEVERRY HARRISON LLP TRUST ACCOUNT, AS COUNSEL FORAMERICAN SAFETY CASUALTY INSURANCE COMPANY, AS SURETY FOR EDGEWATER CONSTRUCTION GROUP, INC. 15-01025 Memo - Office of the City Attorney.pdf 15-01025 Pre-Legislation.pdf 15-01025 Legislation.pdf 15-01025 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0354 CA.14 RESOLUTION 15-00985 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO ACCOMMODATE THE RECONSTRUCTION OF STATE ROAD 9/ NORTHWEST/SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 10TH STREET AND NORTHWEST 1ST STREET, MIAMI, FLORIDA. 15-00985 Summary Form.pdf 15-00985 Legislation.pdf 15-00985 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon City of Miami Page 14 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 CA.15 15-01123 City Manager's Office R-15-0355 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE AND THE FLORIDA CONGRESSIONAL DELEGATION TO SUPPORT THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY OF MIAMI DURING THE 2016 LEGISLATIVE SESSION; DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE APPROPRIATE ELECTED OFFICIALS. 15-01123 Summary Form.pdf 15-01123 Legislation.pdf 15-01123 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0356 CA.16 RESOLUTION 15-00971 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Waste TWENTY-THREE (23) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVER'S LICENSE, IN AN AMOUNT NOT TO EXCEED $3,000.00 PER SCHOLARSHIP, FOR THE FOLLOWING ELIGIBLE APPLICANTS: DIANA JULES, SI DNESHA HOLLAND, KHALIL LEWIS, JAMESE BROWN, AMANDAQUINTANA, JONATHAN DUARTE, MARCHAE GLENN, HENDRICK TOUSSAINT, SHERICA SMITH, MONICA JOHNSON, BRANDIE PERRY, VANESSA FRIAS, PAULA MEDI NO, ANGELO PERRY, VALBRUN FILS-AIME, JOYCE GADSON, ALEX BLANDON, ANESTIN ETIENNE, ODALYS MACIAS, OLGA MATIAS, JOSEPH MILCENT, SCOTTY ROGERS AND ZANDRAS SPIVEY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NUMBER 13100.212000.549000.0000.00000. 15-00971 Summary Form.pdf 15-00971 Scholarship Application.pdf 15-00971 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon City of Miami Page 15 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 R-15-0357 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon END OF CONSENT AGENDA Chair Gort: Okay, my understanding, the consent agenda, we have someone that'd like to speak on the CA.9, so any other items in the consent agenda that you'd like to pull? Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Francis Suarez; second by Commissioner Sarnoff, with the exception of CA.9. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Later... Chair Gort: Yes, sir. Mayor Tombs Regalado: Mr. Chairman, just a scrivener error on CA.12. It's Carlos Arboleya, Jr. Plaza, not corner. "Thank you. Chair Gort: Thank you. Victoria Mendez (City Attorney): You don't have to reconsider anything; I'll just write a memo to that effect. Chair Gort: Okay. Ms. Mendez: Thank you. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 15-00987 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANTAN Economic EXTENSION OF TIME FOR THE 2014-2015 AGREEMENT BETWEEN THE Development CITY OF MIAMI AND ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., EXTENDING THE AGREEMENT END DATE FROM MARCH 31, 2015 TO DECEMBER 31, 2015, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES, AS SPECIFIED IN ATTACHMENT "PC; FURTHER City of Miami Page 16 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 15-00987 Summary Form.pdf 15-00987 Notice to the Public.pdf 15-00987 Pre-Legislation.pdf 15-00987 Legislation.pdf 15-00987 Attachment A.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0359 Chair Gort: PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. CA.1 [sic] is a resolution authorizing the City Manager to grant an extension of time -- sorry -- for Allapattah Business Development Authority, from March 31, 2015 to December 31, 2015, for them to be able to complete the housing quality inspections. Chair Gort: Thank you, sir. The public hearing. Anyone in the public would like to address this issue? Yes, ma'am, you're recognized. Renita Holmes: Madam Holmes again, with the Women's Association Alliance Addressing Injustice and Violent Epidemia [sic]; Women in Public Housing, Education and Finance and Development, Incorporated Here we go again, another good old boy contract and document. I am seriously serious about the status of women and their children. We continue to give contracts for fair housing and inspection, knowing these women living in funky, mildewed places. Would you like to see my cameras? I've got a whole bag full. So we're going to extend contracts to people that we don't know their performance. I'm seriously concerned about extending contracts. I'm seriously concerned by the cronyism, the nepotism, and the lack of fair performance. I don't have no problem with people, but you got to understand, I'm living here. I'm not some great lawyer sitting up there, hearing things and then okaying it, and then not entertaining colloquy or interest in the complaints that I'm making. This is something that I've seen my Commissioners up there -- and unfortunately, my Commissioner isn't there -- when we've got the slummiest places in the world So this company -- may I ask a question through the Chair? How do -- is there anything in that contract to ensure that their performance is on point? And I want to know if it's any women doing any of this housing, and inspection, and so forth, because, you know, it's just not coming out right. It's almost like the Parks situation. We got contracts extended now when we know that there's an issue. We got consultants for funky parks now after they've been cleaned up, and they're still closed. I mean, what are we doing here? What are we doing? As a taxpayer, I want to know, what are we doing here? You need to put some women on these contracts. You need to take some cleanup on some of these contracts. And we need to take a look at this cronyism and nepotism, because I don't see no basis in the legislation for this. Chair Gort: Thank you, ma'am. Anyone else in the public like to address this one issue? Anyone? Close the public hearings. Do I have any motion? Commissioner Sarnoff So move. Sorry. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff. City of Miami Page 17 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 PH.2 15-00991 Department of Community and Economic Development Commissioner Suarez: Second, second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") FUNDS, IN THE TOTAL AMOUNT OF $1,299,453.00, FOR FISCAL YEAR 2015-2016, FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE(S). 15-00991 Summary Form.pdf 15-00991 Notice to the Public.pdf 15-00991 Pre-Legislation.pdf 15-00991 Back -Up from Law Dept.pdf 15-00991 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0360 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the acceptance of State Housing Initiative Partnership Funds, in total amount of approximately $1.2 million, for fiscal year 2015/2016. Chair Gort: Thank you. It's a public hearing. Is anyone in the public like to address this issue? Renita Holmes: I don't even know why we have these public hearings, Mr. Chair. Good morning. They just want to hear, and this is -- you're just hearing the public. There's no real addressing the public. Now, we've got a strategy under the current SHIP (State Housing Initiatives Partnership) Local Housing Assistance Plan. You know, this is how I feel about the Local Housing Assistance Plan. This is how I feel about it, because it gives me nothing. I am a woman, a black woman -- none of that -- most of this housing that I see my immigrant sisters and my migrant sisters go through, we're moving from one slum to the next. So does -- this is SHIP money, and all it does is get attached to developers. And we don't necessarily, as a city, have the best reputation for how we handle SHIP monies, and how we handle it in the past. So now, we got this resolution that pops up. I mean -- Mr. Mensah: Mr. Chair -- Ms. Holmes: No, no, no disrespect. I come to see this man, Mr. Chair, and I got to make an appointment. I got to come by, then make an appointment a month later to come see some -- and if I explain what it is I'm corning to inquire about or give some insight, I got to wait for a ethics City of Miami Page 18 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 complaint, or Al Crespo, or somebody give me -- and then here it comes to you all. Now, I'm coming to you all. It comes to you, and you say nothing, and it can't be about my personality. SHIP funds, HOME (Home Investment Partnership Program) funds, public housing funds have been misused and abused. Don't let me start talking about CDBG (Community Development Block Grant). That's comingled with these funds. And I'm just making it a point of record, sir, that we need to start asking more questions. I know Commissioner Carollo did at one point asked about reports. Did he ever get his reports? Did any of you ever inquire about it? Please, stop naming buildings to go down after me, dilapidated. Stop giving public funds, and stop mixing them with CDBG funds. That's the case here, and this is my Federal complaint, besides. I've had enough of it. I'm tired of living in ghettos. You keep giving money to people that mess up the money. It's ghettos. And then to say we got a relationship, it's a smiling affair, but I bet you your children ain't running around in mildew and funk paid by with SHIP. Chair Gort: Thank you, ma'am. Anyone else would like to address this issue? Anyone else? Being none, close the public hearings. Do I have a motion? Commissioner Sarnoff So move. Commissioner Suarez: Second. Commissioner Carollo: Second. Discussion. Chair Gort: It's been moved, second. Discussion. Commissioner Carollo: I want to ver with the director. This is just accepting the monies, correct? Mr. Mensah: This is just accepting the money. As you know, these funds are primarily used to provide single-family rehabilitation funds to homeowners. Commissioner Carollo: But right now, we are not voting on how these funds are going to be used. Mr. Mensah: No, no, no. Commissioner Carollo: It's just -- Mr. Mensah: Just on the funds. Commissioner Carollo: -- it's money from the State, the SHIP -- Mr. Mensah: Yes. Commissioner Carollo: -- funds are from the State and the City is saying, "Yes, we will accept the 1.3 million." Mr. Mensah: That's correct. Commissioner Carollo: However, your point is well taken, Ms. Holmes. Right now, we're just accepting the monies. In the future, we will be deciding on how the monies are going to be used. Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you, thank you. City of Miami Page 19 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 PH.3 15-00992 Department of Community and Economic Development Chair Gort: PH.3. Ms. Holmes: PH.3, here we go. And so the pattern -- I'm sorry. Commissioner Sarnoff. We need to vote. Ms. Holmes: Qualify. Chair Gort: Let him make the presentation first. Ms. Holmes: I'm sorry. Commissioner Sarnoff. We need to vote, I think. Commissioner Carollo: Yeah. Ms. Holmes: We need to do all sorts -- Commissioner Sarnoff. We didn't vote, Mr. Chair. Chair Gort: We didn't vote? 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 TRANSFER OF PROGRAM YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $150,000.00 FROM CITY OF MIAMI, PARK ACQUISITION -DISTRICT 4, PUBLIC FACILITY AND IMPROVEMENT, TO THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, FOR COMMERCIAL FA?ADE IMPROVEMENTACTIVITIES IN DISTRICT 4, AS SPECIFIED IN ATTACHMENT "PC, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00992 Summary Form.pdf 15-00992 Notice to the Public.pdf 15-00992 Pre-Legislation.pdf 15-00992 Legislation.pdf 15-00992 Attachment A.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0361 George Mensah (Director, Community Development): Commissioners, PH.3 is the -- authorizing the transfer of program year 2015/2016 Community Development Block Grant funds in an amount of $150, 000, which was previous to set aside for acquisition of park in District 4, and this is to be provided to Latin Chamber of Commerce of United States of America, City of Miami Page 20 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 CAMACOL, and this is for facade improvements in District 4. Chair Gort: Thank you. Yes, ma'am, it's a public hearing. Renita Holmes: And this is a pattern and a trend. We get the SHIP (State Housing Initiative Partnership Program) money, then we get the CDBG (Community Development Block Grant) money, and then certain people get the monies. I applaud District 4, because I know that in your district, you're going to do wonderful things. But since 30 years and three generations, $7 a month comes out of the monthly rent for women to become first-time home buyers in housing and urban development; and in public housing, 21. Seven dollars a month for 30 years, my grandchild, my working granddaughter, my daughter, but yet, we don't qual for this. So you got the folks that qualify in this doggone great city, although the City's lost tons of money, and we only getting 15 percent of that, if we're lucky, or maybe less. We're going to entrust them again, we're going to go through the same pattern of accepting SHIP monies, we're going to build new houses, and then a black woman ain't going to get it, or a Hispanic woman that's single mom ain't going to get it, because there's no checks and balances in this process of accepting money. Last year at the CDBG, I had to fight three guys. Leroy and all of them got jobs, but I was the first landscaper in public housing; ran a not -for -profit, for profit. These guys could hardly even write a high school diploma out. And I'm not -- I'm just being serious. I'm sick of you getting money in the name of poor women, giving it to the men to build, give boys jobs that they can't get, and then turn around. For seven years, you been taking my rent money. I got nothing out of these SHIP monies to add with my first-time down payment as a first-time homeowner, which I'm entitled to, and then they tell me the CDBG Federal guidelines are the ones they have to go by, but I don't see this being done in this City. I don't even see people really want to talk about that we've lost CDBG monies. And so I look at this process, and again, for the director, this is my vocal complaint, my local complaint, and here is my Federal complaint recently. And it's not a threat. It's just why do I have to go up to come back down to talk about creating a process that -- to receive monies that were given to me? The police get them, the contractor get them, developer get them; add a little SHIP, and then they ship me out. And I still have to wait a month to get an appointment to talk to this fine gentleman. Oh, please -- Chair Gort: Thank you, ma'am. Ms. Holmes: -- stop receiving monies to go down -- to put on buildings that go down, dilapidated in my name. Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you. Chair Gort: Any further -- anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearing. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Real quick, Mr. Chairman. Madam Holmes mentioned something that I just want to make the Administration aware of. She mentioned the 15 percent public service. In the legislative priorities, I noticed that asking the Federal government to change the cap from 15 to 25 percent is not there. We sent you an email. We did go a little late, so I'm, you know, respectfully requesting that we add that once again to the legislative priorities, because, for some reason, it's not there; which, if it's not there, indirectly, you're letting me know the Administration is no longer working with whoever in trying to change that funding mechanism. So again, I'm requesting -- I don't know ifI have to do it in a motion -- to make sure that, once again, whatever we passed back in 2010 is there in our legislative priorities. And again, we've spoken about it many times. It's just changing the cap from 15 percent to 25 percent in the public service dollars. City of Miami Page 21 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you. And the Commissioner is right. What happened was that we went and met with Congressman Mario Diaz-Balart. Congressman Diaz-Balart has been one of the supporters of this measure, and he said unequivocally that it's impossible to do it on this session; that the chairman of the subcommittee and the committee have refused and told him that we could include it, but, you know, Commissioner Carollo and -- has been in Washington many times, and we have done the rounds. All of you have done the rounds, you know, and two Senators, four Congress members, and now Congress Member Diaz-Balart says that he really believe -- and he knows that for a fact -- that we won't be able to even get it through the subcommittee. We could try and start. I recommend that we don't do the trips anyway, but we can put it back and hope that someone will help us on this and start the letter -writing process. But Commissioner Carollo is right. We have been at this for six years now, going to Washington, going to Washington, and it never got past the subcommittee. Chair Gort: I think our legislators' in favor of it. I think we all visited every one of them. We have talked to them. We asked the people that provided the service to the community to send letters and phone calls to them, so I don't see any harm in putting it back on again and let -- they know. Mayor Regalado: You know, I -- we should include it and try again, but I think it's better to meet with them here instead of spending the time and money going to Washington, because he said that the subcommittee chairman and the committee chairman won't even consider any language like that. Chair Gort: Okay, thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Yeah, I still think that it should be there, because, in the meantime, the City coffers, the general fund is still subsidizing the public service dollars, so I think it should be there and we should get better explanations. And my point is not flying to Washington and all this. My point is that we should not just -- you know, say, "okay," when they say, "No, this is impossible." I've seen many things that in the past have said that it's impossible, and we get it done, so I don't think we should just, you know, consent that, okay, we give up. I don't think we should give up, and I think it should be there, because, like I said, dollars from the general fund once again are going to subsidize these programs. So I do think it's a priority for the City. Thank you. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I'll be very brief. I think -- I was going to say that a slightly different way than Commissioner Carollo said it, which is essentially to say that our priorities are really different from the fact that there's a practical reality as to whether or not they're going to be accomplished by another body that we're asking to do it. You know, our priorities are our priorities. I mean, this is a priority for us, so whether another government decides it's practical to do it or not, you know, is really on them, if you will. You know, we want to be clear as to what our priorities are, and consistent, because we don't want to make it seem like this year, well, maybe this year, it's not a priority. Unidentified Speaker: You're right. Commissioner Suarez: You know, so I think, you know, I think we're all in agreement that I think City of Miami Page22 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 we should leave it on the priority list. Chair Gort: Gentlemen, I think we're going to get a report on the -- my understanding, it's on the agenda -- the legislation. We have it, so we can add it when it comes in front of its, okay? Commissioner Carollo: Thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: May I be recognized? There's a time certain for 10. It's 10:15. RE (resolution) -- Commissioner Carollo: Did we vote on this one? Chair Gort: Let us vote on this. Commissioner Suarez: Oh, my apologies. Chair Gort: Okay, any further discussion? Being none -- Todd B. Hannon (City Clerk): Chair, is there a motion? Chair Gort: No, I know. I need a motion. Commissioner Suarez: I'll move it. Commissioner Carollo: Second. Chair Gort: 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. PH.4 RESOLUTION 15-00993 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO TRANSFER COMMUNITY DEVELOPMENT BLOCK Economic GRANT FUNDS IN THE AMOUNT OF $14,868.00, ORIGINALLY ALLOCATED Development TO COCONUT GROVE CARES, INC. FOR PUBLIC SERVICES ACTIVITIES, TO THE START PROGRAM, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00993 Summary Form.pdf 15-00993 Notice to the Public.pdf 15-00993 Pre-Legislation.pdf 15-00993 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 23 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0362 Chair Gort: R4. George Mensah (Director, Community Development): P4 [sic]. Chair Gort: FR.4. Mr. Mensah: George Mensah, director of Community Development. P.4 [sic] is authorizing the City Manager to transfer an amount of $14, 868 CDBG (Community Development Block Grant) funds which was originally allocated to Grove Cares, Incorporated, for public service activities to the Start Program, Incorporated; authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney. This is based in a District 2 agency. Chair Gort: Okay. Commissioner Carollo: Second. Chair Gort: Moved and second. It's a public hearing. Is anyone in the public would like to address this issue? Renita Holmes: Yes. Chair Gort: Yes, ma'am. Ms. Holmes: Madam Holmes again, the Women's Association Alliance Addressing Injustice and Violent Epidemia [sicJ, as well as Women in Public Housing, Education, Finance and Development. And so in this lesson, as we continue to believe that CDBG funds, which seem to promote and fund capital purchases for other projects other than to find a woman a decent place to live, affordable place to live, 33 percent and all those Federal guidelines attached, and that some of the CDBG money, which from time to time, comes back to general funds, Commissioner, through the Chair, Suarez, general funds has been funded by CDBG funds for all so long. So here we go again with some money that seems to come up, but yet, women like me, who have been volunteering for years, first business and housing, paying for our licenses, paying -- if not, not even receiving stipends; building, teaching our sons construction, landscaping and so forth, we get no funds. And all of a sudden, now it comes back, and we find it -- I can't find it, or I have to wait two months, or three months and -- to an appointment, and then the process is over, and the bid is closed, and it's competitive, and all that stuff although we have less monies, because CDBG monies' been lost. I'm just talking about the fairness in this, the whole picture. And now, we got money that's going to another program, selectively, without any real criteria. Was the same criteria still utilized in selecting this funds that was recaptured to go to somewhere else? Because I don't think that I had a fair opportunity. I'm still waiting for years, yet still performing. One minute, I'm competitive; the next minute, I'm not. But all of a sudden, we find money, CDBG monies, not for a fire station over there on the east side, the coastal, but we find money for Start, but we can't find none for our jobs program for our working mothers who are all poor and Section 3's under the Federal guidelines. But now, because it's general funds, and just because we find some, we can find the Start Program. Start's just start, and I been here 30 years. Where is my money? Chair Gort: Thank you, ma'am. Anyone else? Anyone else? Commissioner Sarnoff No. And just to clear the record, Mr. Chair. City of Miami Page24 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 SR.1 15-00058 Chair Gort: Yes, sir. Commissioner Sarnoff. That is a District 2 allocation, which went to Coconut Grove Cares, which is essentially the Barnyard. And what they were doing was asking, as the financial agent on behalf of the Start Program, until such time as they became a 501 (c)(3). Now, while Start may not be for mothers, it is for children, and it is to give children who are high school and below an opportunity to get further education, after -school activity, so they actually continue to learn with after -school care and activities in their subject school criteria. So I just wanted to clear the record as to what that is so that there's no misunderstanding, and there is no capital dollars involved. Chair Gort: Thank you, sir. Any further discussion? Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Commissioner Carollo: I thought there was a motion and a second. Todd B. Hannon (City Clerk): We're good to go. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading District 2- TO BE WITHDRAWN Commissioner Marc David Sarnoff AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY ADDING A NEW SECTION TO PROHIBIT CAMPING ON PUBLIC PROPERTY; PROVIDING FOR DEFINITIONS AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00058 Legislation SR (V3).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon City of Miami Page 25 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 SR.2 15-00654 Department of Real Estate and Asset Management ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY CREATING ARTICLE XI ENTITLED "LEASES OR MANAGEMENT OF CITY -OWNED PROPERTY GENERALLY AND LEASES OF CITY -OWNED SUBMERGED LANDS," AND ARTICLE XII ENTITLED "TIME LIMITATIONS REGARDING DEVELOPMENT OF IMPROVEMENTS TO CITY -OWNED PROPERTY" TO IMPLEMENT THE PROVISIONS OF CITY CHARTER AMENDMENTS ADOPTED BY THE VOTERS ON AUGUST 26, 2014, WHICH REQUIRED THE CITY TO ADOPT METHODS TO ADMINISTER (A) CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY, AND (B) CERTAIN LEASES OR MANAGEMENT AGREEMENTS OF CITY -OWNED SUBMERGED LANDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00654 Summary Form SR.pdf 15-00654 Back -Up from Law Dept. FR/SR.pdf 15-00654 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon 13540 Chair Gort: SR.2 was deferred. Daniel Rotenberg (Director, Public Facilities): Good morning, Commissioners. FR.1 is an ordinance of the City of Miami Commission amending Chapter 4, Article -- Division 2 of the Code -- Daniel J. Alfonso (City Manager): Dan, Dan, hold on. Commissioner Carollo: SR.2. Mr. Alfonso: SR.2. Mr. Rotenberg: Oh, sorry. Mr. Alfonso: Skipped them. Chair Gort: He's in a hurry. Mr. Rotenberg: Very exciting. Good morning. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. SR.2 is the second reading of the ordinance amending Chapter 18 of the Code, Leases and Management of City -owned Submerged Lands. This is to implement the provisions of the City Charter amendment adopted by the voters on August 26, 2014, which required the City to adopt methods to administer agreements with City -owned submerged lands. Commissioner Sarnoff. So move. City of Miami Page 26 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Thank you, sir. Commissioner Sarnoff So move. Chair Gort: Moved by Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Question: I just want to very on the record, Madam City Attorney, all this is really putting the same ballot language or the intent of the ballot language and coding it, correct? Victoria Mendez (City Attorney): It is. And the City Attorney's Office had a few changes that we wanted to enter into the record, basically just bringing it more in compliance with the Charter amendment that was passed but pretty much, it's putting into effect that which the Charter language allows for; the submerged lands that are connected to upland owners to be leased, but it doesn't have to be -- some of the language that I wanted to put in is that the -- that there may be a lease agreement; not that there has to be a required lease agreement; that there's also, in adding another section, just talking about the limitations regarding the development of the improvements; just basically that they need to comply. Arguably, you -- the Charter already dictates that, but we just wanted to put it in a one stop location, so we could show you the highlights of the additional paragraph or so, but, you know, it could pass with or without that, but, obviously, you know, our office likes to add things sometimes. So that's all. Chair Gort: Thank you. Commissioner Carollo: As amended? Chair Gort: As amended. Ms. Mendez: Thank you. Chair Gort: Does the maker of the motion --? Commissioner Sarnoff I didn't even understand her explanation to be candid with you. So ifI don't understand it, why would I amend it? Ms. Mendez: You have a document that was just passed out that we're adding -- Commissioner Sarnoff I listened to what you had to say. Ms. Mendez: Oh, okay. Commissioner Sarnoff I didn't understand it. Ms. Mendez: Basically, we're adding a section that talks about the limitations regarding the development of improvements to City -owned lands to this ordinance, and it talks about -- it just delineates the Charter provisions that we put in that you need to get building permits within four years of the effective date of the lease, and the section shall not be applicable when there's a City of Miami Page27 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 delay in the performance of any obligation as the result of a force majeure. So everything that's in the Charter provision, we're just putting it in here, and those were the amendments that we put in between first and second reading that we're giving to you today, highlighted. So. Commissioner Sarnoff How come that wasn't in the first reading? Ms. Mendez: We were pressed for time, basically. Commissioner Sarnoff As amended. Chair Gort: Okay, as amended. Any further discussion? Commissioner Suarez: Second; seconder accepts. Chair Gort: It's been moved and second. All in favor, state it by saying "aye. Todd B. Hannon (City Clerk): Chair, it's an ordinance. Did you want to open up your public hearing? Chair Gort: Open the public hearings. Renita Holmes: Boy, my two cents is going far. This is the price to pay to get it, but I just have a question, Mr. Chair -- Chair Gort: Yes, sir. Ms. Holmes: -- that I'd like to get an answer regarding City -owned submerged land. Does that mean publicly owned -- Chair Gort: No. Ms. Holmes: -- or does that mean facility, City -- because I haven't really been able to see the definition between "City -owned" and "City land," but I could see poor people's money spent on it, you know, like -- Chair Gort: Madam Attorney, will you explain? Ms. Holmes: -- just trying to -- Ms. Mendez: It's -- submerged lands are City -owned lands under water. Ms. Holmes: "City -owned, " can you define "City -owned"? Does that mean like public tax payers, or City as a franchise or -- Ms. Mendez: There's a little difference with submerged lands, based on like the common law and case law that has to do with like the riparian rights of an upland owner, so the upland owner is a private owner of land that abuts submerged lands, which is right next to it. And actually, Commissioner Sarnoff can jump in here whenever he wants to help me out, since he knows more about admiralty and marine law than I do. But basically, because of the constraints of our Charter, we passed a Charter reform that allows us to enter into leases for the submerged lands that only the people that usually only have access to it is the upland owners. Ms. Holmes: Thank you, Madam Attorney. I just still have confusion with who is "us" and whose is "we's "; "us'" and "we's" -- I mean, because also I -- I had also a question that I did try to submit in between, and I'd like to thank the City Manager's Office for being open. It's just City of Miami Page28 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 getting timely responses. What is "City -owned"? Does that mean "taxpayers?" Is this Federally funded land or submerged land? Is this under Federal guidelines? I still have not gotten that point of clarity. Ms. Mendez: No, it's not federally -- Federal guidelines or anything that -- it's monies that we've gotten from the government to maintain this. It's just basically land under water that was given by the State legislature to the City many years ago. Ms. Holmes: Okay, all right. So but when we say "City -owned, " do we mean the publicly owned or just the City as internal department or is -- Ms. Mendez: No, no, it's just -- Chair Gort: We all own it. Ms. Mendez: -- City -owned submerged lands; City -owned land under water that we usually cannot do anything with. The upland owners are the only ones that can use it usually. Ms. Holmes: I'm to assume that any land that has right-of-way, Mr. Chair, and the City manages or makes amendment or Charter is actually taxpayers' land, as well; is that true, or are we dealing with a separate entity? Because certain employees give me certain definitions. I'm just making a notice of that to you, and I don't want to be illiterate or -- Chair Gort: It's not separate. Ms. Holmes: -- ill defined. Chair Gort: Let me tell you one example. We have some buildings in Brickell area. They budded [sic] their building. The building is there. They want to build the -- what do you call it? -- a ramp for the boats and all that. That submerged land is owned by the City of Miami. They would have to lease from the City of Miami, but in order for build -- they can only build the -- what do you call those? -- boat ramps, that's all they can do. And they have to go through the whole process of the engineers and all the -- DERM's (Department of Environmental Resource Management) and all those process before an issue is -- we don't issue the permit. Ms. Mendez: And they pay the taxes. Ms. Holmes: So the environmental laws do -- the Federal environmental laws or State environmental laws do -- Ms. Mendez: Everything has to be completed Ms. Holmes: -- so it does meet certain -- okay, all right, thank you. Ms. Mendez: Thank you. Chair Gort: Any further discussion? Anyone in the public would like to address this issue? Seeing none, hearing none. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. City of Miami Page29 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 FR.1 15-01010 Department of Finance END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN CITY/OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", TO INCLUDE CHANGES AS REQUIRED BY THE INTERNAL REVENUE SERVICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01010 Summary Form SR.pdf 15-01010 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, 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, Mr. Clerk. Commissioner Sarnoff. FR.1. Chair Gort: Oh, I'm sorry. FR.1. Sorry. Jose Fernandez (Director): Good morning, Commissioners. Jose Fernandez, with the Department of Finance. FR.1 is an ordinance of the Miami City Commission amending Chapter 40, Article 4, Division 2 of the Code. These changes are required in order to comply with IRS (Internal Revenue Service) changes to the tax law, and in order for the City to maintain its qualified status for the plan, these changes are recommended that they be made. Chair Gort: Okay, thank you. First reading. Any discussion? Public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearing. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any discussion? Being none -- 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. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. City of Miami Page 30 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 FR.2 15-01080 Chair Gort: Thankyou. ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO SECTION 100.3605, FLORIDA STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01080 Memo - Office of the City Clerk SR.pdf 15-01080 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, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: FR.2. The Ordinance was read by title into the public record by the City Clerk. Chair Gort: Thankyou. Public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearings. Todd B. Hannon (City Clerk): Chair, I've read the title into the record, so we will proceed to the roll call if there is a motion. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Roll call. Mr. Hannon: Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thankyou. FR.3 ORDINANCE 15-00997 First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS Commissioner Marc ENTIRETY CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE CODE OF THE David Sarnoff CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/ ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/OMNI MEDIA TOWER REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00997 Legislation FR/SR.pdf City of Miami Page 31 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 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, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Commissioner Sarnoff Mr. Chair, FR.3 is -- Chair Gort: FR.3. Commissioner Sarnoff -- an ordinance of the City of Miami, repealing in its entirety Chapter 62, Article 7, Division 7 of the Code, which allow for and permitted an Omni media tower. I think this Commission has spoken with regard to the Overtown media tower. I think we did this at a time that we were in a very different financial condition, and I'm just suggesting that we be parallel in thought and parallel in deed, and that we repeal the media tower in the Omni. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff second by Commissioner Suarez. It's a public hearing. Yes, sir. Peter Ehrlich: Good morning. Thank you very much, Mr. Chairman. Peter Ehrlich, 720 Northeast 69th Street. I'm here speaking in favor of the legislation proposed by Commissioner Sarnoff. I think it's an excellent idea to delete this media tower and its associated language from Chapter 62. You already removed it from Miami 21. And I hope -- and Commissioner Carollo, I think you voted against this several years ago when it came up. I hope that you will take a strong stand against the proposed 633-foot media tower LED (Light -Emitting Diode) billboard tower that's proposed for Northwest loth Street and your support as elected officials might be helpful to the City Attorney as this -- as that still goes through a process. Thank you very much. Chair Gort: Thank you. Yes, you're recognized. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. I'm very happy today about what's happening here on the dais. Commissioner Sarnoff I would very much like to thank you for your evolution of thought. We have tried, many of us, for years, to get our small victories regarding visual pollution media towers, which do nothing for our quality of life. It's an (UNINTELLIGIBLE) to all of us. This is a ordinance that we hope you'll absolutely pass. People like Bill Briton, and Bill Pollack, and Peter Ehrlich, and Dusty Melton and I have been fighting this battle for years. We hope that this will also perhaps spur you on to some intelligent thought regarding advertising on walls, as Commissioner Suarez' mother once said about the Heineken beer ad on our MRC (Miami Riverside Center), which, by the way, the contract is up in November, and we're hoping you will not re -up that contract regarding the MRC Building. Please vote in favor of FR.3. Thank you. Chair Gort: Thank you. Yes, ma'am, you're recognized. Grace Solares: Thank you. Grace Solares, 60 Southwest 30th Road. I wholly support the introduction of this ordinance, and I congratulate you, Mr. Sarnoff, of actually being behind this; hope you all vote in favor of it. Thank you. And I actually have to commend Scenic Miami for having fought this issue for so many years. Thank you, Peter. Chair Gort: Thank you, ma'am. Renita Holmes: Madam Holmes again. It's nice to have something good to say on this one, and for a long time, I've always come to you about environmental impact and getting information, and I haven't made much progress. I'd like to thank those that are working on it, you know, but City of Miami Page 32 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 FR.4 15-00876 District 4- Commissioner Francis Suarez for those of us who live Overtown, raising children Overtown, and we have to see past 1-95, get some fresh air, you know; have to see past all the cranes and all of that. It's very considerate of you. I think that my final vision and my children's final vision, as well as my rights to clean air, and my right -- my aerial rights are considered in this. It's nice to see that you're thinking about the quality of life, you know, not just the quality of a development project, and I really appreciate it. Chair Gort: Thankyou. Anyone else? Elvis Cruz: Elvis Cruz, 631 Northeast 5 7th Street. Commissioners, make history, do something wonderful. Let's have a little less outdoor advertising in our City. Chair Gort: Thankyou. Anyone else? Anyone else? Seeing none, hearing none, close the public hearing. Todd B. Hannon (City Clerk): Madam City Attorney, would you like to read the title? The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," MORE PARTICULARLY BY ESTABLISHING THE CITY OF MIAMI BEAUTIFICATION COMMITTEE TO SERVE IN AN ADVISORY CAPACITY TO THE CITY OF MIAMI RELATING TO BEAUTIFICATION AND LANDSCAPING PROJECTS CITYWIDE, INCLUDING, BUT NOT LIMITED TO TREE PLANTINGS, MEDIAN MAINTENANCE, TRAFFIC CIRCLE MAINTENANCE, AND OTHER SIMILAR PROJECTS; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGALAND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00876 Legislation SR (v2).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Commissioner Suarez: Mr. Chair. Chair Gort: FR.5. City of Miami Page 33 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: FR.4 is an ordinance that I sponsored to create a beautification committee. Every year when we discuss the budget, I often bring up an issue that I think is near and dear to my heart, which is, you know, that the pride that we have in our City is based in part on how we take care of our City. And while I have to commend the Administration, and the Public Works director, and the Assistant City Managers for really heating those concerns, and for improving on a year-to-year basis, I think the creation of this committee will help with things such as planning for how certain things get developed and get built. For example, you know, one of the projects that I'm looking at right now is Coral Way, and finding out how the median of Coral Way can be improved in a way that's more beautiful and more sustainable, you know, all the way down to the trees that we use for our traffic circles. I mean, I think we've gotten to a point where we get to a very granular level with our residents to make sure that whatever traffic circles are being built, they're being landscaped in a way that is sustainable and in a way that they find beautiful, and so we've interacted a lot with them. But I think it makes a lot of sense to create this committee so that we start focusing on that. I think, oftentimes, we are seen as not as good as Coral Gables, and that bothers me, to be completely frank with you. You know, I think we can be and should be better, and if you look at our parks, and we were -- all of us, many of us who are here today were in a homeowners association meeting at Coral Gate Park for homeowners association meeting on this week, and it's a beautiful facility that I think compares favorably with any facility, you know, in Coral Gables. So this is something that I have been wanting to do for a while, and wanting to get the City and our government to focus on, and it's starting to happen as our resources are becoming more and more available. So with that, I move FR.4. Commissioner Carollo: Second. Discussion. Chair Gort: Been moved and second. And you're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And I think that this could be a good idea, and the reason why I say "could be" is because it's my understanding that we actually had an ecology and beautification committee that sunsetted, and was abolished by this Commission back in 2012. Commissioner Suarez: 'Eight, I think. Commissioner Carollo: So the bottom line is thatl believe that, you know, if we're going to establish this once again that it needs to be active. It needs to be a committee that just doesn't become inactive and doesn't get involved. At the same time, the only caveat that I have with this is would it hold certain projects up and so forth, because I don't really know what will be the requirements. I mean, I would always like to have a committee that we could bounce ideas off of and -- Commissioner Suarez: Exactly. Commissioner Carollo: -- send, you know -- like, for instance, while you're mentioning Coral Way, the Coral Way median -- send, you know, that issue to them and say, "Hey, listen, can you look into this? Can you think about this?" and so forth. But what I would not want is for them to hold up certain projects, or that, "Oh, it hasn't gone through this advisory committee, so therefore, we can't move forward," and so forth. But, I mean, other than that, I mean, I'm in favor of it. City of Miami Page 34 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Suarez: Thank you. Mr. Chair, if I may? Chair Gort: Let me tell you, I think it's a great idea. Anything that we can do to improve our neighborhood, it's great. But at the same time, as we know, we are going through CIP (Capital Improvements Program), the problems -- the process that CIP has to go through in order to get anything done. I don't want to see another obstacle to have it done. Commissioner Suarez: We're in agreement. Chair Gort: So I'd like to see a plan, how is it going to work, who is going to be in it. I know -- I read who's going to be in it, but I want to see how it's going to be working, because a lot of the problems that we've had, we've have a lot of boards that they don't have quorum. Commissioner Suarez: Right. Chair Gort: And then they postpone it to the following month. And not only the projects of the City of Miami we've been working on for so long and for so many years, we need them to implement this so people can see the benefit within the neighborhoods. So this is something on second reading I would really like to see it with a specific use and how it's going to be used. Commissioner Suarez: Mr. Chair, if may, just real quick? Chair Gort: Sure, go ahead. Commissioner Suarez: First of all, part of the reason why I created this was because -- and I think you all can agree -- our neighborhoods are changing rapidly. And what's happening is -- and we've gone to many meetings together, sunshine meet -- you know, we've obviously noticed them for sunshine purposes -- and our residents or our new residents who are moving in are asking for us, you know, to help us get more involved, and so that's part of it. But the second part is I totally agree with both of you that -- and I would ask the City Attorney, like you just said, you know, between first and second reading, to make sure that this does not become something that holds up any of our Capital Improvement projects, but is sort of advisory, and lets us, you know, input on landscaping and things of that nature that will certainly make the projects more beautiful, more sustainable, easier to maintain, and ultimately, you know, emphasize something that I think is important, and I do think that there'll be quorum. Go ahead. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Commissioner Suarez, I apologize. I forgot. I would like to propose a friendly amendment. Commissioner Suarez: Sure. Commissioner Carollo: In Sub -Section `B, " you have here the terms of office -- Commissioner Suarez: Yes. Commissioner Carollo: -- so it will be one year or until the nominating Commissioner or Mayor leaves office. I think you need to include there the Manager, until the Manager leaves office, too, because -- Commissioner Suarez: Yeah, because they have an appointment. City of Miami Page 35 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Carollo: -- they have an appointment. Commissioner Suarez: That makes sense. Commissioner Carollo: So if -- that's a friendly amendment? Commissioner Suarez: Yeah, yeah, I would agree with that. I think that's a scrivener's error. Commissioner Carollo: So adding the Manager, too -- Commissioner Suarez: Yeah, yeah. Commissioner Carollo: -- because he has -- also has an appointment. Commissioner Suarez: Agreed. Chair Gort: Thank you. Victoria Mendez (City Attorney): And Commissioner Suarez, you had already noted to us that you didn't want this to be a hindrance -- Commissioner Suarez: Yes. Ms. Mendez: -- so it does say, "to serve in an advisory capacity," but we'll make sure that, you know, if there's any time constraints and what have you that -- Commissioner Suarez: It's a legitimate concern. Ms. Mendez: Okay. Commissioner Suarez: I think it's a legitimate concern. We don't want to do anything to slow things down. Commissioner Carollo: Right. Chair Gort: Yes, ma'am, you're recognized. Grace Solares: Thank you, Mr. Chair. Grace Solares. Commissioner Suarez, I think this is a great idea. Great idea, because the City does have good ideas sometimes, but they don't follow up on it. Like, for example, in the Roads, I have complained that, you know, they created the circles, but they did not put any irrigation. Commissioner Suarez: Right. Ms. Solares: So the plants dry, and it's just terrible, and they're calling and complaining that, "Look at those circles. They look like" -- so I think something like this would be very, very good, so you can have the people's input -- Commissioner Suarez: Right. Ms. Solares: -- into what the City is doing or has done in the past to make it better. So I congratulate you. Commissioner Suarez: Thank you. City of Miami Page 36 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Ms. Solares: Thank you. Commissioner Suarez: Thank you. Chair Gort: Thank you, ma'am. Renita Holmes: I know a woman's never satisfied but when it comes -- Madam Holmes again, on behalf of the women in the community. I've watched throughout years neighborhoods beautify themselves in landscaping. And being a subcontractor that hired boys for green landscaping, and trained them, and still utilizing them and putting them to work; hiring mothers that basically, all they did was when they were in incarcerated was do planting. So I've got a qualified workforce. But what I recognize is a gap in the participation of poor communities, you know. I've got Latino and I've got black families that been living in the ghetto for so long, and we don't have no beautification. If we do, the plants do die right away, because there's no water in it. But then I think that representation -- if you was to put some of us on boards, we'd be there. You wouldn't have a problem with a quorum. So my question is: Are we going to be included? Are the poorest communities, where there is slum and blight, that really need this, going to be included? Are there going to be icons and representatives? Please appoint some women to this board. Well be glad to go out there and do the flowering our self. But I'm recognizing some biasness. I'm concerned, but I'm glad that you're doing this, Commissioner Suarez. And I've seen your efforts, Commissioner Carollo, through the Chair. But I'm asking the City Manager, in the appointment, we need to have more community -based folks. We need to have more women, more industry -based local folks, middle income folks; not just guys with suits on, talking about beautification. And I would like to see -- some of that million dollar art that I seen coming down here on the bus -- I'd like to see that in Liberty City. I've got some great arts. I'm just wondering why you could put million dollar art in Omni, and in Coral Gables and every -- but you can't put none in Liberty City and Overtown. I mean, in the ghetto part of it, because that's where I come from, and ghetto has nothing to do with my like for quality of life, my need for quality of life. I think it's done from a management point. If you appoint caring, concerned citizens, caring, concerned citizens will go. And women are more caring when it comes to beautification right now. I just want you to look at the disparity in the appointments, who's appointing what type of woman, even, because if she got on a suit, please don't send her to that committee to talk about beauting the ghetto. Thank you. Chair Gort: Anyone else? Public hearing is closed. Commissioner Sarnoff 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.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. FR.5 ORDINANCE First Reading 15-01126 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 35, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Francis Suarez ENTITLED "MOTOR VEHICLES AND TRAFFIC", MORE PARTICULARLY BY CREATING A NEW SECTION VII, ENTITLED "TRANSPORTATION TRUST FUND", FOR THE PURPOSE OF CREATING A DEDICATED SOURCE OF REVENUE FOR TRANSPORTATION ALTERNATIVES; CONTAINING A City of Miami Page 37 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01126 Back-up Documents FR.pdf 15-01126 Legislation FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Commissioner, would you stay for this one last item? Commissioner Sarnoff Yeah. Commissioner Suarez: Try to be quick. It's FR.5, which is the Transportation Trust Fund. This is an item that I've brought for the Commission's consideration and approval. Essentially, as the City's representative on the MPO (Metropolitan Planning Organization), and now recently the MPO's vice chair, we've struggled with, obviously, the resources that are needed to tackle this enormous problem, which is the problem of traffic and transit in the City of Miami. As all of you know, because we've all worked together on this issue, we've had to put together complicated deals; most recently, the Tri-Rail deal, which required the City and the CRA (Community Redevelopment Agency) to partially fund a transit project. It's not the first time that it's happened, and it's certainly not going to be the last time that it happens. And this ordinance is a reflection of the reality that the City of Miami is incredibly dense. A lot of the density is in your district, Commissioner, and a lot of the future density is in your district. And as we look forward to the future, not only for ourselves and for the present-day residents of the City of Miami, but for people like my son, and his kids, and Commissioner Carollo's daughter and her children in the future, we really need to start planning for that future, and this is an ordinance that begins that process. It's broken down into three parts. One of them is to receive one-time monies and peg them to one-time expenses for capital expenditures for mass transit. The second is we know that our trolley program is going to be operating at a deficit, and so we've expanded it, because it's a successful program. We have 360,000 riders, but we're going to have three new lines, and we're probably going to need another two for the Upper Eastside and for Flagami in the future. So this begins a process of setting aside funds to make sure that that program never goes bankrupt. And number three, a piece of legislation that's coming before the Commission, I believe, in late September, which allows for transit -oriented developments to receive an additional 20 percent parking reduction by paying into a parking fund, which is done in Wynwood, and is done in Coconut Grove; and in downtown, we have zero parking requirements. So it passed 6 to 1 at the Planning & Zoning Hearing Board, with a favorable recommendation from the Planning Department. So this is -- you know, and I know, for example, Commissioner Carollo and Commissioner Sarnoff both went to Denver, and were looking at solutions. And Commissioner Carollo is also on the chamber's subcommittee on transit, so we are all sort of working together to make sure that we, as a City, are prepared for the needs that we're going to have and that we have currently. So with that said, I can go on, and on, and on, you know, and I'll respect your time, Commissioner Sarnoff. I'll move the item and I request the support of the Commission. Commissioner Sarnoff I'd like to second it and just congratulate you. I think it's a great idea. Commissioner Suarez: Thank you. Chair Gort: Motion and a second. Discussion. City of Miami Page 38 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Carollo: Yes, Mr. Chairman. Thank you. I'd like to begin by saying that, yes, having a trust fund is a good idea. I think in all fairness, we actually have special revenue funds for that, but I would like to name it a trust fund, so I think it's a good idea. Where I'm having difficulties is in the funding sources. You know, you're -- when you spoke about your son, my daughter, at the same time, we are sort of tying the hands of future Commissioners with regards to putting the percentage of the general fund dollars towards that, so I have an issue with that; especially where there's other options. You know, you have the local option gas tax that could be used; public service tax; the half cent penny tax. So I'd rather see something in lines of those. As a matter of fact, I'm bringing an item up for discussion for an additional impact fee on the high-rises, and I think that money could go into this. So I don't have a problem with setting up a trust fund. I have a problem with the funding mechanism, and so that's one. And I know that's "B" on your -- Commissioner Suarez: Sure. Commissioner Carollo: -- section. Even one, you know, I have a problem, you know, where whatever monies over 500,000 we get for a lease negotiation or a re -lease negotiation, a lawsuit, to put 20 percent right off the top into this fund, I mean, you know, you're competing with other things. You're competing with Police, Fire, Public Works. I mean, I think it ties our hands, so I -- you know, and I'm not saying that transportation is not important. I'm just saying that I prefer that, you know, those monies be used as is intended, at the discretion of you know, this Commission and the general fund, as opposed to saying, no, right off the top, this money goes to the trust fund, and that includes public benefit. You know, one of the things that public benefit could be used for is even affordable housing. So when 20 percent, right off the top, goes to this trust fund, that's where I'm having an issue; the funding mechanism -- Commissioner Suarez: Yeah. Commissioner Carollo: -- especially when there's other funding mechanism that could be used. Commissioner Suarez: Yeah. And let me -- Mr. Chair, if may. Chair Gort: Sure. Commissioner Suarez: I think, you know, it's a healthy debate to have in discussion. I kind of agree with some of the things you said, and I kind of disagree with some other things that you said First of all, the one-time payments coming in are really something that would otherwise supplement our reserves, so they shouldn't be used for recurring expenses, to begin with, and you know that. So, you know, I think the idea here is we have already -- we're well reserved, and what we need to start doing now is putting aside funds for the inevitable projects that will be coming; whether those are local option gas tax funds -- I also have a discussion item, by the way, on impact fees, and I've talked about creating an impact fee category, even though that's a little bit trickier, because it may require some State law. Chair Gort: Yeah, regulations. Commissioner Suarez: Right. So I think what -- your discussion item actually, I thought, dovetailed very nicely with mine, which was to create a citywide sort of impact fee area from -- at least from the title. I can't -- you know, there's no backup, so. But, you know, I think both those ideas dovetail nicely, and can also supplement the fund. But I think in this point, what we're saying is, look, if -- whatever one-time dollars we get, we're making it a priority of this government as a public policy matter that we're going to separate that for one-time expenses, such as capital expenses, so that we don't have to be scrambling. Those revenue sources that you mentioned, yeah, they're all there, but we don't want to be scrambling for that money the day that City of Miami Page 39 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 the Department of Transit, or Dade County, or the Federal Government, or all three say, "Hey, we're ready to go. Are you shovel ready? Do you have your money?" And I think, you know, if you recall, with the port tunnel, we had to go from a line of credit. I mean, the whole thing was a last minute. We got to go to a commercial paper, and then, we were in the middle of an SEC (Securities and Exchange Commission) investigation, you know. So it was very -- I felt very -- I was worried, personally, because there's -- somebody being sued personally, as a City of Miami employee, you know, by the SEC. So, you know, for me to say, "Hey, we just found from $8 million we were going to close out the year to $50 million, and now, we're going to issue a bond, " that's very scary. So, you know, I think it's a -- you know, I have no problem adding categories of funding to this legislation. I think as a policy matter, we need to be clear as a government and say, "Look, the density is coming here, and we need to prepare for it." And in terms of affordable housing, which is something that I've legislated to create, I'm going to be bringing another package, probably in late September, that will bring sort of more opportunities and funding sources. And one of the big problems with our Public Benefits Trust Fund is that we're losing affordable housing dollars to TDR's (Transfer Development Rights), which is a great concept, by the way. The Transfer Development Right is a great concept, but they get transferred in the private sector. I think they're trading at like 8 or $9 a foot right now. So what happens is, because our Public Benefits Trust Fund, it does not compete very efficiently with the TDR process, with the exception of I think, an SAP (Special Area Plan) that's coming today, we've had very little Public Benefit Trust funding since Miami 21 went into effect. So I thought this out very carefully, I think. Again, I would welcome additional funding sources, but I think we should make a clear statement to the public that we, as we continue to be well reserved as a government, are going to make this a priority. I've discussed this with the Administration. They feel comfortable with the legislation. They were very much involved in the creation of the legislation, as was the City Attorneys Office, and they feel financially, it's a prudent thing; that we can sustain it. And I do think, by the way, that when we talk about your daughter and my son that, you know, part of our tax monies should go to this. This is a huge priority. This is, if not the biggest, it's one of the biggest priorities in our City, if you ask anyone, the congestion, the traffic, the development, and it's a problem today and it's going to be a problem tomorrow. It's going to be a worse problem tomorrow if even half of what's contemplated gets built. So I do think it's a very, very beneficial use of general fund dollars. And I'll say one last thing, and I'll close by saying just because the money gets put in this trust fund doesn't mean it can't be taken out. It just requires a supermajority, because we are making a public policy decision that this is an imperative of our government, and therefore, to deplete this resource, which is incredibly important, it requires a supermajority. So I don't think we're tying our hands that much. We're just requiring one additional vote. You know, I think I went with you that one day where you wanted to make it very liberal to invoke the five-day rule, for a good reason, you know. Any one Commissioner could do it; it wasn't just, you know, a majority of the Commission or something like that. So, you know, I think there are many instances where it makes a lot of sense to be prudent and to make a public policy decision, and, you know, and not to deplete from those funds unless there's an emergency or some sort of supermajority. Thank you. Chair Gort: Let me tell you, I think we need it. All my neighborhoods, the problem is people avoiding the traffic in the main highways. They go into our neighborhoods, and that's creating a lot of problem within our neighborhood. But I'd like to have more in specific as possible; give the Administration an opportunity to come up with other alternatives -- Commissioner Suarez: Sure. Chair Gort: -- for the second reading, what we could come up with. The same time, we going to get involved in the -- providing transportation. I'd like to see a master plan put together, so we can really coordinate our efforts with the rest of the cities and with Miami -Dade County. You're at the MPO, so is Commissioner Sarnoff, and I think we have to start bringing all those together. Yes, sir. City of Miami Page 40 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Suarez: I think that's a fantastic idea, Commissioner, because up until now, what we've done is kind of in a hodgepodge way. For example, you had a great idea with the waterborne taxis, and we've moved on that, you know, tremendously. But you're right. I mean, there's not a certain amount of coherence to our planning, and so I agree that from the City's perspective, we need to be clear on what our priorities are, so I agree. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. And I'm not saying that we don't make a statement that transportation is important. I'm saying that there's funding that only has to be used for transportation, and we should use those dollars versus general fund dollars that can be used for anything, you know, so I disagree with the funding mechanism once again. I think it should be, like I mentioned, local option gas tax; I mentioned public service; I mentioned the half cent that can only be used for transportation. And I think we should be using those dollars, in addition to, like I mentioned, a new impact fee that I -- and I guess similar to yours has as a discussion item. At the same time, you know, I also remember a few years back where when we needed fire engines, when we needed police cars, those purchases were deferred, because we didn't have the monies. And, yes, these one-time payments can be used to purchase fire engines, police cars, police equipment, fire equipment. So I don't think that we should be handcuffed to actually 20 percent of any type of litigation settlement going to transit. I think we should have the option, especially when there's, once again, other funding sources that just goes directly towards transportation and we have to use for transportation, and I don't mind that going to the trust fund. Chair Gort: Yes, sir, you're recognized. Commissioner Suarez: No, I was going to say very quickly that our PTP (People's Transportation Plan) money is dedicated transportation, but per the reason why there's a "B" in this section is because our PTP money is going to run out, and we know that; that's not a mystery. We know that if we had only operated three lines from our trolleys, it would have run out in 2021; with the six lines, it's going to run out in 2017. When we do eight lines, it's going to run out like next year. So the reason why we're doing this is because the PTP money is not sufficient; if it were su icient, we wouldn't need to do that. So that's -- Chair Gort: That's why I'd like to see an analysis -- Commissioner Suarez: Right. Chair Gort: -- from a professional. They -- maybe they can coordinate and we might do the same service without having eight; having less. Commissioner Suarez: Yeah. And the second part is we have 80 percent of those dollars that we can use for those capital needs. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff So ordinarily, I would agree with Commissioner Carollo. I'm not a guy that likes to tie the hands of government. But in sitting here for nine years and sitting with you for, I think, six or five of those nine years, we allowed the downtown and Brickell to grow. I always called Brickell "the Lower Eastside of Manhattan," because you could live, work, play pretty readily there, and downtown is growing up in its own right. All Aboard Florida, you all City of Miami Page 41 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 know what's going on. And you're going to receive the tax revenues for that on a citywide basis. County's going to receive its revenues on a countywide basis. And you need to provide those folks the ability to move around this City in a coherent manner. So while I would generally say I agree with Commissioner Carollo, the amount of money you're dedicating, it's more a philosophical statement of saying -- here's what I think you're saying, and forgive me for putting words in your mouth. I sit on a board that is largely dysfunctional called the MPO. I've tried to fix that board with a coherent plan that has gone nowhere thus far. That is the primary determiner of transit in our South Florida region. They actually stayed out of one of the largest, most expansive transportation plans that we've come up with, which you said earlier ago, which was Tri-Rail. They had nothing to do with Tri-Rail. We, as the City, fashioned a remedy to create a Grand Central Station that I will bet you could rival New York's in 30 years. And if you looked up how Grand Central was formed in New York, the same opposition people, saying the same things as what we heard here today: Not our choice, not our -- not the City, we shouldn't be doing it. So you've actually moved me from a general policy statement of "I hate trust funds; I hate having trusts and holding money there" to saying, "No, this is such an important matter to the City that it's so important that I will not leave this in the hands of County Commissioners, because they have never shown that they understand or are willing to do what's necessary for mass transportation." Commissioner Suarez: And I'll go a step further and say -- just real quick, Mr. Chair -- I've been on that board, as you said, for a while, and I've heard the debate, and what ultimately ends up happening oftentimes is there's a debate about resources, and what goes first and what doesn't go first. And I'm anticipating the day -- I'm doing something that this government rarely does, which is think about the future, and plan for the future, and anticipate tomorrow. I'm anticipating a day where the -- where anybody, whether it's the County Commission, FDOT (Federal Department of Transportation), the Federal Government, or a combination thereof says, "What projects are ready to go?" Chair Gort: Matching funds. Commissioner Suarez: Right. And when we say, "Hey, we're ready, we're here, we've been planning for this, we have the money, we can cut a check, " we go to the top of the line. And that is how our interests get and our residents get served quicker, and I think that's a big part of this, as well. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Real quick. And, Commissioner Sarnoff, I -- first of all, I'm not going to pick on any County Commissioners, and I could tell you that, listen, I'm onboard with having a trust fund. I'm just saying the funding mechanism, especially when there is specific revenues that are specific for transportation. You cannot use it for anything else. You need to use it for revenues. I'm saying, let's tap into those prior to tapping into the general fund, because right now, from -- with our current budget or proposed budget, we're looking at, you know, $1.5 million. Now, today, $1.5 million, hey, the City is doing good, it may not be that big of a deal; however, you mentioned that in contract negotiations, maybe $1.5 is a big deal, but we'll leave that aside. So today, maybe $1.5 million is not that big deal, but if you remember, a few years back, when you and I -- well, most of us, except Commissioner Hardemon -- sat here. 1.5 million was a huge deal, okay? And there was decisions -- and I've heard even you mention today, "Well, at that time, we made that decision because of the financial conditions that the City was in," okay? Well, now, we're making this decision because, yeah, $1.5 million is not that big, but remember, this is cyclical, and there's going to come a time where, once again, it might be the downturn, and 1.5 million may be very important. And what I'm saying is, do not tie our hands, especially when there's other funding mechanisms that is just for transportation, and let's use City of Miami Page 42 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 those as opposed to the general fund. Commissioner Sarnoff Can I just debate that? Chair Gort: Yes, go ahead. Commissioner Sarnoff So I understand what you're saying, Commissioner, but what I would respond is twofold. First is -- let me go to the back part of the argument. Nobody up here has ever said, "Oh, wow, that's way too much density. I can't believe you're building that building. You've gladly allowed Brickell to densify (sic); you've gladly allowed downtown to flourish. We've gladly accepted their tax revenues. And to those folks, they're probably -- one of their -- I think their two biggest issues happen to be, I think, policing, which we'll get to today and I think the ability to get around in this City. And they're not going to car their way out of this, so I would say to you, you gladly accepted their general revenue dollars, and this would be a big put -back to them. And the second thing is, is you know PTP, local options gas tax, we pretty much pledged those things out, and we have, and I've been up here long enough to know that we have. And all he is suggesting is that $1.5 million from -- there are going to be 18,000 new residents; 18,000 new residents next year in downtown. You're going to tax 18,000 new residents. I think the least you could do is dedicate a small stream of income -- a small stream of revenue, I should say -- toward resolving a primary issue. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Let me tell you. Let me speak a little bit. Not only the amount of people that have problem in downtown, but I can tell you, all our neighborhoods, I can tell you the biggest complaint that we have, I have people having problem getting home because of the traffic and the density of traffic that we have through the City street. So, yes, we need to get involved. Commissioner Suarez: Mr. Chair, if I may? You know, this is an ordinance. If we -- we can always change it, and by less votes than it actually takes to deplete the fund. So, I mean, if we ever got to a point -- Chair Gort: Let me make a suggestion to help the debate. Commissioner Suarez: Thank you. Chair Gort: Made a suggestion to ask the Administration if they can come up for the second reading with different alternatives. We'll look at it, and then we'll vote on it. Commissioner Suarez: Thank you. Commissioner Carollo: Mr. Chairman? Chair Gort: Yes, sir. Commissioner Carollo: And, by the way, Commissioner Sarnoff, I agree with you that we should give some alleviation or -- I'm just saying we're using the wrong funding source. So I'm not saying don't create this. This is about -- I'm not saying that. What I'm saying is the funding source, so I'm agreeing with you. I'm just saying, listen, there's other funding sources -- Commissioner Sarnoff So -- Commissioner Carollo: -- but not necessarily the general funding. Commissioner Sarnoff -- let's do this: So let's pass it on first reading -- City of Miami Page 43 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: That's fine. Commissioner Sarnoff Wait, wait. And I'd love to hear the Administration show how tapped out we are, or are we tapping out; local actions gas tax, PTP -- Commissioner Carollo: Public service taxes. Commissioner Sarnoff -- PS -- right, same thing. And let's do some projections. You're great at projections; you're an accountant. Let's project it out. Let's see what the delta is from what we're using now, what we've used in the past, because I candidly think most of our -- I remember we bonded that money, the local options, for our street repairs. You know, someday, this Commission -- and maybe this is good, because this is one of my -- going to be -- I'm going to have a bunch of parting thoughts. You all have sat up here at the very end of a bond, and that bond -- you'll never fix this City through operations. You will only fix this City through a mortgage. Now, how well you think that out, how much you think that out is for this next august body to do. But you will never fix and repair this City to the extent that it needs through operation dollars; you'll only do it through bond dollars. Chair Gort: Yes, sir. Vice Chair Hardemon: Thank you very much. I appreciate all of the discussion that's been going on about this. I mean, it's clear that we have a transportation issue within Miami -Dade County. It's unfortunate that because we have so much traffic flowing through Miami -Dade County that we suffer in the City of Miami, but we are the largest city within Miami -Dade County, so, I mean, I guess that's one of our woes that we have to accept. And I'll let you know my thoughts briefly. My thoughts are, one: That you create a trust fund that's meant for these types of transportation issues, and people will come for that money. It's sort of that if you build it, they will come, and that's one of the thoughts that I had about it. We're taking dollars, say that they may not be earmarked for something, and we're earmarking it for something, so it will be spent. And the question then becomes: What type of mass transit do we go about implementing? And I'm sure we have lots of ideas, because you've talked about the MPO; you two sit on it. And not only has it been discussed, but we've talked about the bay link and other things, and I'm sure that these dollars could somehow find their way to help that type of transit. When I hear "mass transit, " I think about train. I think about things that really move lots of people at one time; things that change the paradigm as far as how we carry our citizens from one place to another, and so a large amount of money will be needed to make that type of thing happen; and of course, we need partners to do that. One of the things that concerns me as it is written today, for instance, is that some of the dollars that are being taken are taken from the Public Benefits Trust Fund, and we know that the Public Benefits Trust Fund, it's used for affordable housing, workforce housing, things of that nature. And if there is an account that has been raided more -- or upset more, rather -- I think it's the Public Benefits Trust Fund. When there were things that came about that, I think, were absolutely necessary. The Transfer Development Rights, absolutely necessary, a great idea, they changed the boulevard, but they also put us in a position where some benefits that were typically going to the Public Benefits Trust Fund, that we could use for affordable housing are being taken away. Now, we know that affordable housing, poverty, all these things matter to us in the City of Miami, but continuously, we create mechanisms in which we take away from our ability to assist that. And so one of the things that I see is that that, to me, is unacceptable. Taking money from that pot of money is unacceptable. I hear all concerns. I see everyone's point of view, and I know that -- I know what I'm facing when I get on the expressway and I drive. And I made myself in a position where I had to walk to and from work, so I didn't have to deal with it for a few years, until I started to be a Commissioner, and so I really understand those pangs. We need to be able to have dollars that we can use. How we go about doing it, I think is a good solution. Is it the best? I don't know. I know that -- I do know, though, that without removing the Public Benefits Trust Fund section of City of Miami Page 44 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 it, it's not good. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Let me just say that I sort of agree with both the sentiments, you know, specifically with respect to the Public Benefits Affordable Housing Fund, so what I'm going to do is I'm going to respectfully ask your support on first reading, and then we'll work with the Administration to carve that out of the funding source, because I think -- you know, I agree that the intent is not to raid sort of one very crucial need in our City, which is affordable housing, to pay for another crucial need in our City, which is transit. So I think it makes sense not to impact Public Benefits Affordable House Trust Fund money to fund this fund, so I think that's a very good revision that both of you, I think, have, you know, obviously come up with and that I agree with, because I'm going to be bringing another package. And speaking to what you mentioned, which I agree with, that there is a huge inequity with the TDR's, and part of the reason why our Public Benefits Trust Fund is not funded for affordable housing is because of Miami 21, we're losing in the battle of that open market, if you will, and so I'm going to be bringing a piece of legislation that tries to rebalance that so that people choose us versus buying in the open market; not that there's anything wrong with buying in the open market. And I think, like you said, the concept is a great concept to preserve, you know, historic properties in the City of Miami under Miami 21, but it shouldn't be at the cost of you know, Affordable Housing Trust Fund dollars in the City. So I agree with you, and so I would respectfully ask, if you don't mind, passing it on first, and I -- you have my assurance that I will work with the Administration to bring it back with that exception. Chair Gort: My suggestion, any -- Commissioner Carollo: Getting better. Commissioner Suarez: Yeah. Chair Gort: -- ideas, suggestions you all have, make sure you pass it on to Administration, so when it comes to the second reading, we can do that. Yes, ma'am. Renita Holmes: Madam Holmes again, and I'm glad to see you, Commissioner Hardemon. What brings to me in mind the general public and just -- you know, I know this is not a public hearing, this is your first reading -- when I thought about Wynwood, and I know this is not -- when I saw that, you know, there was money being taken, Miami 21, the parking, and already, I got these kids sitting adjacent to the Design District, which I don't know how it became Wynwood -- anyway, that's not the argument, but what -- affordable housing eventually is the end, and when I saw that we had Poverty Initiative revenues and we didn't quite get it, or we haven't quite get it yet; then we got the Police Trust Fund, and running by my house in Overtown, I got all these corporate runners, and got thousands of police officers from every district, so there goes that money. And then I saw that FDOT was coming through, and that the boundaries that they wanted was from FDOT -- this is a citizen's perspective -- and the railroad on the other side, and I see all these people with money, got money, getting public land and they getting revenues, and I ain't got it yet; but yet, my kids are sitting here, watching them, ducking cars from events that they're having. So when I see trust funds, you know, how they're utilized, you know, and then I see the County giving the municipality the right to create its own spaces and transportation -- now, it's another bill I won't get into detail for now. So I'm concerned at public benefits. We need to restore that, but when I saw the Earlington Heights Project come about at the County, where they were utilizing CDBG (Community Development Block Grant) funds to create this transportation line thing, when, really, it was just the City on one side, and the County was on side, but yet, there was this big circle that included the bonding for the school, and I'm going City of Miami Page 45 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 like, "Well, money plus money get money, but money in the name of us gets nothing." So I would appreciate that analysis as to what -- and if it wasn't for the trust -- the County put behind it, "In God we trust." All of a sudden now, I got "In God we trust" behind me. Okay. Chair Gort: Thank you. Ms. Holmes: My children getting ran over. Miami 21 -- I mean Wynwood's getting 50 grand out of Public Benefits Trust. I don't know. I think that's a fine example of the communications that I'm getting from them, you know, the hearings that I'm attending from them, and I'm seeing you doing your best at the MPO, but we have to pay attention, because we're the ones -- the poorest ones hardly ever get the revenues and the trust, and it really is about housing. You could say it's transportation -- Chair Gort: Thank you. Ms. Holmes: -- you could say it's arts, you could say it's entertainment, but we don't. Chair Gort: Thank you. Ms. Holmes: So I'm just asking in the creation of these boards that we do have a thorough process, that we set limits and boundaries, and if anything, put money back for the poor folks. Chair Gort: Thank you, ma'am, thank you. Ms. Holmes: Put it back. Chair Gort: Thank you. Yes, ma'am. Grace Solares: Grace Solares, 60 Southwest 30th Road. I first read about this Commissioner Suarez, on the Daily Business Review, and I supported it wholeheartedly. Philosophically, we agree on this issue. It was when I read in the Daily Business Review that it was 20 percent from the impact fees, I went, "Whoa, no." Commissioner Suarez: Yeah. Right. Ms. Solares: That cannot be. And we had a problem -- Commissioner Suarez: Sure, sure. Ms. Solares: I had a problem with that. Commissioner Suarez: Right. Ms. Solares: But you and I spoke about it. I think it's a very good idea for you to actually bring this up. We need something done. Commissioner Suarez: Thank you. Ms. Solares: But there is no question in the world that we need to know where the funds are going to be coming from. It's extraordinarily important. I also heard you say here that in case of an emergency, the trust could be raided. Commissioner Suarez: Have to be. Ms. Solares: I think in the final legislation, you have to have the specific emergencies. City of Miami Page 46 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Suarez: Yeah. Ms. Solares: Because anybody can actually have different emergencies. Commissioner Suarez: Sure. Ms. Solares: Have to be specific. You have to specify the emergencies in there. Also, I don't think it should be the four -fifths. I think it should be the five -five. Commissioner Suarez: I think you'd have a problem with that. Ms. Solares: I think it should be the five -five. Commissioner Suarez: Right. Ms. Solares: It's an extraordinarily important, because you may have -- Commissioner Suarez: Listen. Ms. Solares: -- millions and millions in that account. Commissioner Suarez: I support that. The problem with that is I don't think there are many votes that we have to take -- Chair Gort: Commissioner, why don't we let them finish. Commissioner Suarez: Yeah, I'm sorry. Chair Gort: Go ahead, ma'am. Ms. Solares: Just suggestions. Also, another suggestion that I was thinking is that since there's many of you with different ideas as to where the money should come from that this matter should have -- or your idea of the trust should have a sunshine meeting in between first and second -- Commissioner Suarez: I'd be more than happy to do that. Ms. Solares: -- so that you come and Commissioner Carollo comes with ideas of the funding sources, and there, you can actually discuss them. And when it comes to the second reading, you know more or less whether you're going to get it; because, otherwise, we're going to have this madness at the second reading, and it's not going to go well. Chair Gort: Thank you, ma'am. Ms. Solares: Thank you, Commissioner. Thank you, Mr. Chairman. So thank you. Commissioner Suarez: Thank you. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Suarez: I moved it, I believe, yeah. Todd B. Hannon (City Clerk): Madam City Attorney? Commissioner Suarez: And it's been seconded. City of Miami Page 47 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.5. Vice Chair Hardemon. Vice Chair Hardemon: For. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: No, because of the funding mechanism. Mr. Hannon: Commissioner Sarnoff. Commissioner Sarnoff Yes. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes. Can I just say one thing real quick? Just -- I'm going to bring it back, as I promised, with an exclusion for the Public Benefits Trust funds that are for affordable housing, but I do want to put something in your mind, Commissioner Hardemon. You made a very compelling argument, and I agreed with it -- and I think we all did obviously, because we funded it -- that part of crime is not just crime; it's not just more officers; it's not just -- you know, it's also attacking the root of crime, which is poverty. And so I would suggest part of affordable housing is not just housing; it's getting people to and from their home. Just something to put in your mind. Vice Chair Hardemon: Oh, no, that's -- you're absolutely right, Mr. Chairman [sic]. I mean, that was part of the argument that we talked about. Commissioner Suarez: Right. Vice Chair Hardemon: You have to be able to give people reliable transportation at an affordable cost in order for them to be able to afford to live in a city like Miami. Commissioner Suarez: But I'm just saying, I'm trying to put a little bit of a slight twist. I'm going to bring it back, as I promised, because that's what I promised to do, but I want to maybe have that debate a little bit, as well, because -- you know, for example, when we look at the MDX (Miami -Dade Expressway) toll hikes, right? If you are a -- and you know more about wages than any Commissioner I've ever met here. If you are a minimum wage or even living wage employee in the City of Miami or anywhere in Dade County and you got to pay those tolls to get to and from work, that's your first hour of work; maybe your first and your second hour of work that you are spending in gas and in tolls, just to get to and from work, aside from the time that it takes you. So I just want to put sort of the continuum of care, if you will, sort of argument in your mind that part of affordable housing is providing affordable transportation; just putting it in your mind. Chair Gort: Thank you. Mr. Hannon: Continuing with the roll call for item FR.5. Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-1. Chair Gort: Thank you. City of Miami Page 48 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Victoria Mendez (City Attorney): Commissioner Suarez, I just wanted to confirm, because since we're going to be having some changes between first and second reading, and I think some studies or questions have been asked, how long are you going to give us to do this? Commissioner Suarez: I would say maybe -- Ms. Mendez: I was hoping a month. Commissioner Suarez: Yeah; first meeting, I think, of October. I know that some of this is incorporated in our budget, and I know some of this is also -- it's going to be corning, I think, in September, which is the parking waiver exemption and small building parking exemptions that were already -- so that -- they're sort of working on a parallel course; but, yeah, in terms of this legislation, I don't have a problem bringing it the first meeting of October if that's okay with everybody. Ms. Mendez: The first or second? Commissioner Suarez: That gives us the time to -- Chair Gort: I think you need a little more time than -- Daniel J. Alfonso (City Manager): Yeah. Ms. Mendez: Can we have the second, or it's too far away? Mr. Alfonso: I mean, there was even a discussion of a -- Commissioner Suarez: I'm okay with that. Mr. Alfonso: -- sunshine meeting and all that to happen or -- Commissioner Suarez: Yeah, I'm okay with that. I'm okay with the second meeting in October. Ms. Mendez: Thank you so much. Commissioner Suarez: Yeah. Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 15-00754 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED JUNE 8, 2015, FROM VARIOUS PROPOSERS AS IDENTIFIED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344, FOR COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW City of Miami Page 49 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED FIRMS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 15-00754 Summary Form.pdf 15-00754 Memo - Manager's Approval.pdf 15-00754 Corporate Detail.pdf 15-00754 Invitation for Bid.pdf 15-00754 Legislation.pdf 15-00754 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon RE.2 15-01023 Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE. 1 was deferred to the November 19, 2015, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH ATKINS NORTH AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $1,035,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $3,000,000.00 TO AN AMOUNT NOT TO EXCEED $4,035,000.00; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 15-01023 Summary Form.pdf 15-01023 Memo - Justification.pdf 15-01023 Amendment No. 1.pdf 15-01023 Original PSA.pdf 15-01023 Pre-Legislation.pdf 15-01023 Legislation.pdf 15-01023 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0363 Chair Gort: RE.2. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements & Transportation. RE.2 is a resolution authorizing the City Manager to review and approve Amendment Number 2 to the Professional Service Agreement with Atkins North City of Miami Page 50 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 RE.3 15-01001 Department of Capital Improvement Programs/Transportat ion America for capital support services, and increasing the contract value by $1, 035, 000, bringing the total value of this contract to 4, 035, 000. Commissioner Suarez: So move. Chair Gort: Thank you. Did I get a motion? Vice Chair Hardemon: Second. Commissioner Suarez: So move. Vice Chair Hardemon: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner -- Vice Chairman Hardemon. Any further discussion? Being none -- Commissioner Carollo: Yeah, a quick question. How many more times are we going to move the cap? Mr. Rodriguez: Commissioner, this contract is a two-year contract with two-year extensions -- one-year extension periods. We are now in the first of that one-year extension period. In April, on next April, we'll be entering the last extension period for that contract. The amount that we have an increase right now would basically take us all the way to this coming April, so for the next year, if we do choose to extend this contract one more year, I will have to come back to Commission for an additional increase. Commissioner Carollo: Okay. Chair Gort: Okay. 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 COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, AS PART OF THE MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES APPROVAL OF A NO FURTHER ACTION WITH CONDITIONS CLOSURE OF THE ENVIRONMENTAL REMEDIATION ACTIVITIES IN CONNECTION TO MERRIE CHRISTMAS PARK, LOCATED AT FOLIO NUMBER 01-4129-000-0150, WHICH REQUIRES BOTH INSTITUTIONAL AND ENGINEERING CONTROL PURSUANT TO THE RISK BASED CORRECTIVE ACTION PROVISION OF SECTION 24-44(2) OF THE MIAMI DADE COUNTY CODE. 15-01001 Summary Form.pdf 15-01001 Legislation.pdf 15-01001 Exhibit - Covenant.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 51 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 R-15-0364 Direction by Commissioner Sarnoff to the City Manager for the District 2 Commissioner to be informed of all reports issued by the Administration involving the remediation of parks located in District 2 that are required to be filed with the Miami -Dade County Department of Environmental Resources Management (DERM). Chair Gort: RE.3. Jeovanny Rodriguez (Director, Capital Improvements & Transportation): RE.3 is a resolution authorizing the City Manager to execute a covenant running with the land in favor of Miami -Dade County as a requirement for the final steps of the remediation process for Merrie Christmas Park. Commissioner Sarnoff So moved. Chair Gort: Okay, there's been a motion by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Grace Solares: Hi. Chair Gort: Yes, ma'am. Ms. Solares: Yes. Grace Solares. I read the legislation here, Commissioner Sarnoff, and I was wondering whether you could make a slight amendment to it. There is -- pursuant to the covenant, you have to -- the City has to file a monthly inspection report, and has to actually conduct a monthly inspection, and then issue a monthly report, and then quarterly, as admission to the DERM (Department of Environmental Resource Management), to DERM, at the County, with respect to the four items that had to be done, which was the two feet of clean soil, the one foot, blah, blah, blah. They need to actually do that inspection on a monthly basis. Do you think you could put in the legislation that whenever the monthly report -- the monthly inspection and the monthly report from the City is issued that it be sent to the Commissioner of the area, so that the Commissioner of the area is always aware as to what's going on there. And I would suggest further that the other Commissioners, when they do remediation in your own areas of your own parks that you be advised on a monthly basis what's going on. Chair Gort: Oh, I am. Ms. Solares: Okay, good. Chair Gort: I assure you of that. Ms. Solares: I'm glad. Do you think you can put this in this -- Commissioner Sarnoff I don't think it's necessary for this resolution. I can tell you that I'm advised at all times of all the statuses of the parks. Ms. Solares: You are. But when you are not there, we don't -- Commissioner Sarnoff I would expect -- Ms. Solares: -- know whether they're going to do -- City of Miami Page 52 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Sarnoff -- the next district Commissioner would -- the protocol would be the same. I mean, I don't mind doing a separate resolution, you know, just suggesting -- and we could have a public discussion on it -- that each Commissioner would be on a separate resolution advised of the status of all the remediated parks. Victoria Mendez (City Attorney): You could do that as a directive if you wish, as a separate directive. Commissioner Sarnoff Right. Ms. Mendez: Right. Commissioner Sarnoff I mean, the Manager's always done that. I mean, Merrie Christmas Park was -- I may as well say this publicly. When the issue came up with the -- let's call it the Fire College -- and I asked that there be a control study done, and that control study meant that we would test randomly parks throughout our system, predominantly in District 2. We did that, because we thought -- everybody believed, or at least those that wanted to sue the City -- that it was the ash field that was created through aerosolic[sic] ash was where they would find higher concentrations of arsenic and heavy metals. So we actually thought, with the prevailing winds, we would test Peacock Park; we tested Blanche Park; we tested some swale areas; we tested Merrie Christmas Park; various parks throughout the City of Miami system; pitched the idea that there would be a control to find out whether aerosolic ash had landed in any of those places. Well, as it turns out, the control worked, but it didn't determine aerosolic ash. It determined remnant ash, which meant that someone -- could be the City of Miami; could equally have been Coral Gables, who had its own incinerator -- had possibly -- I'm not saying definitively -- buried remnant ash in Merrie Christmas Park; had buried remnant ash, which is just burnt ash, in Blanche Park; and, you know, Bayfront Park has, I think, a different issue as to what it may have buried there, and some other parks may have different issues as to what's buried there. So ironically, the control may have worked well, in that it showed that there was no aerosolic ash; however, there was remnant ash placed in various parks in the City of Miami system; most of which, by the way, Ms. Solares, were at one time Koris; they were just pits. And as those pits became filled, they subsequent, later on in time, around the '70s and '60s, became aerosolic ash -- I'm sorry -- became parks, I should say. And I think the record should equally be clear -- I don't even think you were alive, nor was I alive in 1940, when this generate -- when this particular incinerator was operating. So any candidate out there suggesting that I placed this remnant ash into these particular facilities is not only wrong, but is politics at its worst, because I'd like to think I've always been the green Commissioner up here. I've always thought about the environment. Some people may not agree, but going vertical is the best way to protect your environment. You might agree with that statement; you might disagree with that statement. I know Commissioner Carollo and I sat in on a very detailed meeting with regard to water, water services, and vertical is the best possible way to preserve your water. It really disturbs me that anyone would ever suggest any Commissioner -- but I'm going to say myself -- would, in any way, shape or form, place ash anywhere in a park, and for anybody running for office to say that person put that ash in that park, and he was the person -- I didn't say "she" -- he was the person that removed that ash is completely contrary to the facts. Merrie Christmas Park, which is the subject that we're talking about right here, right now, was never even going to be tested by the City until I suggested we do some controls. The controls, candidly, were again about aerosolic ash. Turns out we found remnant ash. I thought the record should be extremely clear on that, because you could say whatever you want about the time I've been in office. I would never pollute, in any way, shape or form, anyone's neighborhood, let alone my own. Ms. Solares: Mr. -- Chair Gort: Thank you. The suggestion is -- Yes. City of Miami Page 53 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Ms. Solares: Let me have a -- Mr. -- Commissioner Sarnoff, I'm not here to deal with anybody else's issues. Commissioner Sarnoff I understand. Ms. Solares: The -- I am here because ifI were the elected official, I would like to see the monthly reports. Commissioner Sarnoff We do see them. Ms. Solares: And the monthly reports, after whoever does them in the City, to send that -- the chart -- that the district to be informed at all times; and every time the inspection is made, that the results of that inspection be sent to the Commissioner's area. And since when I read the legislation, it's silent as to that; however, there is a requirement in the backup documentation from DERM that that be done. I wanted to make certain that District 2 is informed of that, despite the fact that it was not in the legislation. Commissioner Sarnoff Well, I'll make that a directive of the -- Chair Gort: Thank you. Commissioner Sarnoff -- for this Commissioner and every further Commissioner, until the next Commissioner changes that directive, the District 2 Commissioner should be advised of all reporting requirements by DERM. Chair Gort: Thank you. Ms. Solares: All the reports made by the City that has to be filed by -- to -- Commissioner Sarnoff -- to DERM. Ms. Solares: -- with DERM. Commissioner Sarnoff Right. Ms. Solares: Okay. Thank you, Commissioner. Chair Gort: Thank you. Ms. Solares: Thank you. Chair Gort: Yes, ma'am. Renita Holmes: Yes, Commissioner. Renita Holmes, for the record. I'm glad that there's a directive when there is a right to know. I'm glad that after $3 million for consultants for any park, let alone Merrie Park, after the park has been closed and still may have been closed, that there be a follow-up. You know, taking the Browns field course that was funded by the Browns Field Institute to the City of Miami for $5 million, I know 3 million of it was spent on a good education. It's good to know what you're talking about, but I just want a right to know. For 3375 Purvis Avenue, where my kids are, and my babies, and my grandbabies that play in that park, I want to know. Being a survivor of three generations of cancer, mothers that work over at 20th Street and 3rdAvenue, which was a orange juice factory, and a bakery factory, and now, it's a school, I want to know. For my two cents and my three cent, I want to know, because what goes up must come down. Aerosottle [sic] remnants, like saying first stage cancer, four stage City of Miami Page 54 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 cancer, makes no difference to me or us, but knowing us, for my kids, 30 years from now, when it's chemicals that take about 30 and sometimes 40 years, I need to know. When people take soil from one end of town and dump it in my part of town, I want to know, because I don't think you want to know ifI had one more chance, if I knew, ifI could test kids more, if I could prevent anything further in my family for that contamination; whether it be my family in Coconut Grove, or my family in Overtown, or any of those other sites Browns Field Institute gave us knowledge of But if you paid $3 million, certainly, a report is due to all of us as taxpayers on what is the status for the next 3 million years, if it need be, because you can't cure cancer, but you sure can ask for your money back. Thank you. Chair Gort: Thank you, ma'am. Anyone else? Seeing none, hearing none, we close the public hearings. Any further discussion? Hearing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.4 RESOLUTION 15-00986 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND PERMITTING THE CONSTRUCTION AND MAINTENANCE OF A SINGLE LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS NORTHWEST 6TH STREET LOCATED APPROXIMATELY 70 FEET WEST OF NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, BY MIAMI SCHOOL GROUP LLC, IN ORDER TO CONNECT THE EXISTING SPORTS LEADERSHIP AND MANAGEMENT ("SLAM") CHARTER SCHOOL AT 604 NORTHWEST 12TH AVENUE AND THE PROPOSED SLAM II CHARTER SCHOOL AT 542 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, WITH A VERTICAL CLEARANCE OF APPROXIMATELY 69 FEET ABOVE THE SURFACE OF THE STREET; CONDITIONED UPON A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON BREACH; ACCEPTING A ONE-TIME USER FEE IN THE AMOUNT OF $8,815.00; AUTHORIZING AND PERMITTING THE "SLAM!" SCHOOL IDENTIFICATION SIGNAGE TO BE AFFIXED TO, OR INCORPORATED INTO, THE DESIGN OF THE PEDESTRIAN OVERPASS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID COVENANT. 15-00986 Summary Form.pdf 15-00986 Legislation.pdf 15-00986 Exhibit- Covenant- SUB.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0365 Chair Gort: RE.5. Victoria Mendez (City Attorney): RE.4. Commissioner Carollo: RE.4. City of Miami Page 55 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: It's 4. Eduardo Santamaria: Good morning, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. RE.4 is a resolution approving and permitting a pedestrian overpass over Northwest 6th Street, west of Northwest 12th Avenue, to connect the Slam Charter Schools, and accepting an $8,815 one-time user fee to allow for the placement of school identification signage on the pedestrian overpass. Chair Gort: Thank you, sir. Commissioner Carollo. Commissioner Carollo: I move it, and Madam City Attorney, is there an amendment for any -- towards an issue that I brought up? Ms. Mendez: Yes, Commissioner. We spoke to counsel for Slam, which is here, and we would like to amend the legislation and the agreement with this provision: The permitted encroachment shall be limited to a maximum height of 100 feet, with dimensions only as depicted and approved on plans on file. The permitted encroachment shall not be interpreted to convey any property rights, and the City reserves all rights in the Northwest 12th Avenue right-of-way, including but not limited to air rights above the right-of-way. Thank you. Commissioner Carollo: And with that amendment, I move it as amended. Commissioner Suarez: Second. Chair Gort: It's been moved and -- with amendment by Commissioner Carollo; second by Commissioner Suarez. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. And this is really something that has the potential to be a great, great project in the heart of East Little Havana. And when we talk about beautification -- and I'm glad that you're actually showing the pictures. Something like this in East Little Havana is just -- what else can you say? -- beautiful. And it's for a good, good need, which is a school, education in the heart of East Little Havana. So I hope that I can get the approval from this board. Thank you. Chair Gort: I don't think you have any problem. It's -- Commissioner Suarez: Great institution. Chair Gort: -- an improvement for that area, which would be the beginning of the continued improvement. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Besides the word, "Slam" that's written on it, will there be any other advertisement on that? Hugo Arza: No, sir. City of Miami Page 56 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Carollo: No. Ms. Mendez: And the name will be pursuant to, obviously, our Code on size. Chair Gort: You're recognized. Commissioner Carollo: Sign. Mr. Arza: Thank you so much. Hugo Arza, law offices at 701 Brickell Avenue. The -- "congratulations" and "thank you's " for how beautiful the building is should go to Mr. Harando Llanes (phonetic) of Civica, the architect and designer of this project. The north side, the seven -story building on the north side has been there already for several years. This is the south side. The school had the opportunity to acquire the very similarly -sized block on the south side of Northwest 6th Street, and they came up with this idea to provide for the pedestrian bridge, as Commissioner Carollo said, and thank you for your support, Commissioner. We -- you know, we're very excited to bring something that beautiful with a -- you know, an "A" school and top-notch academic program to East Little Havana, so we're okay with the additional condition that's been accepted, and we look forward to getting the building going. Chair Gort: Thank you, sir. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Todd B. Hannon (City Clerk): As amended. Mr. Arza: Thank you. RE.5 RESOLUTION 15-00995 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA Commissioner FISH AND WILDLIFE COMMISSION ("FWC") TO PLACE ADDITIONAL Wifredo (Willy) Gort SIGNAGE ON THE MIAMI RIVER AND IN THE BILL SADOWSKI CRITICAL WILDLIFE AREA ("CWA") INFORMING BOATERS OF THE IDLE -SPEED ZONE AND NO ENTRY ZONE, RESPECTIVELY; AND FURTHER URGING THE FWC AND THE CITY OF MIAMI POLICE DEPARTMENT ("MPD") TO BETTER ENFORCE SAID RESPECTIVE RESTRICTIONS; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 15-00995 Legislation.pdf Motion by Vice Chair Hardemon, 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-15-0366 Chair Gort: RE.5. Madam Attorney, would you read the resolution that was brought out by myself. Victoria Mendez (City Attorney): Yes. City of Miami Page 57 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 RE.6 15-00631 The Resolution was read by title into the public record by the City Attorney. Chair Gort: Thank you, ma'am. One of the reasons we doing this, voting something that is greasy in the river quite a bit, and next week, we're going to have a press conference where we going to show how we been able to get some of the yacht manufacturers that's corning back to the river, and some of the major boat repairmen, mega yachts repair shops are corning down from other places to Miami to the river, and it's going to be a great improvement for that area. Yes, ma'am, you're recognized. Michelle Metcalf.. Good morning, Chairman and Commissioners. My name is Michelle Metcalf. I'm with Tropical Audubon Society. I'm the Biscayne Bay coordinator, and today, we support this resolution, but we ask the Commission to allocate funds to do this, because, in fact, it was part of the Virginia Key Master Plan in 2010 that was approved, and it's clear, there's little to no funding available from FWC (Fish and Wildlife Commission) to put -- or better signage would already be -- already exist for the area. And thank you. Chair Gort: Thank you, ma'am. Anyone else? Close the public hearings. Comments? Being none, all in favor, state it by saying "aye." Todd B. Hannon (City Clerk): Is there a motion, sir? Vice Chair Hardemon: So move. Commissioner Carollo: Move -- second. Commissioner Suarez: Second. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR FINANCING OF QUALIFYING IMPROVEMENTS TO PROPERTIES WITHIN HISTORIC DISTRICTS. 15-00631 Pre-Legislation.pdf 15-00631 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item RE.6 was continued to the October 8, 2015, Regular Commission Meeting. RE.7 RESOLUTION City of Miami Page 58 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 15-00970 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 29, 2015 FROM GALLS, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, IN RESPONSE TO INVITATION FOR BID NO. 486326, GROUPS 1, 2, AND 3, FOR THE PROCUREMENT OF POLICE UNIFORMS AND ACCESSORIES, FOR THE MIAMI POLICE DEPARTMENT, ON AN AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO BE ADDED TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 15-00970 Summary Form.pdf 15-00970 Invitation for Bid.pdf 15-00970 Legislation.pdf 15-00970 Exhibit - Tabulation Sheet.pdf 15-00970 Exhibit - Bid Response.pdf 15-00970 Exhibit - Corporate Detail.pdf Fiscal Impact: Approximately $228,571.00 Annually Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0367 Chair Gort: R. 6 was -- R. 7 -- RE. 7. Jorge Gomez: Jorge Gomez, Assistant Chief of Police. RE.7 is a resolution in order to accept the bid from Galls Uniforms for a term of three years, with two other years as an option. It'll be a fiscal impact of $228, 571. This is the company that we're using right now on an emergency basis. Chair Gort: Thank you. My understanding, you had an RFP (Request for Proposals), and then they won the RFP. My understanding, you all had an RFP? Assistant Chief Gomez: Correct. They were the only company that bid. Chair Gort: Okay, thank you. Motion? Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 59 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 RE.8 15-00989 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD D/B/A CAREER SOURCE SOUTH FLORIDA ("SFWIB") IN A TOTAL AMOUNT NOT TO EXCEED $2,090,584.00 ("GRANT"), FOR THE OPERATION OF THE MIAMI CAREER CENTER ("CENTER") LOCATED AT THE LINDSEY HOPKINS EDUCATIONAL CENTER LOCATED AT 750 NORTHWEST 20 STREET, MIAMI, FLORIDA; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SOUTH FLORIDA WORKFORCE INVESTMENT BOARD GRANT FOR WORKFORCE INITIATIVES 2015-2016" TO ACCEPT THE GRANT AND APPROPRIATE THE GRANT IN AN AMOUNT NOT TO EXCEED $2,090,584.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIXED RATE CONTRACT WITH COST REIMBURSEMENT GRANT COMPONENTS WITH THE SFWIB AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING JULY 1, 2015 THROUGH JUNE 30, 2016, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL LIKE PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE CENTER, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 15-00989 Summary Form.pdf 15-00989 Back -Up - Draft Agreement.pdf 15-00989 Legislation.pdf 15-00989 Exhibit - Award.pdf 15-00989-Submittal-David Gilbert -Career Center Direct Placements.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0368 Chair Gort: RE.8. Lillian Blondet (Director): Good morning, Commissioners. Lillian Blondet, Office of Grants Administration. This is a resolution we're bringing to the Commission because we got additional funding from Workforce this year. It's the second year in the three-year contract cycle, but before we go into the resolution, I thought that it would be a good opportunity to update the Commission on the successes and the challenges of this contract. So with that, I'm going to let David Gilbert talk about the problematic part of the program. Chair Gort: Mr. Gilbert, you're recognized. David Gilbert: Good morning, Commissioners. David Gilbert, center director, City of Miami Career Center. Some of the successes of the City of Miami Career Center for last program year is trying to increase awareness to business communities, as well as job seekers of -- about the City of Miami Page 60 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 services that the center provides. Last year, the City of Miami Center served over 1,400 employers. They -- as well as created 1,500 job openings. We created 3,826 individuals -- or helped 3,826 individuals obtain employment. Of those 3,826 -- 62 -- I'm sorry -- 1,012 were direct job placements, where we brought an employer to the table, brought a job seeker to the table, and they became gainfully employed at that point. Of the 1,012 direct job placement, 478 direct job placements represented City of Miami residents. Within the 478, 421 of those direct job placements represented City of Miami residents that were in the highest unemployment areas and the hardest to serve areas, which is roughly 88 percent of the direct job placements for City of Miami residents, with an average wage rate of $10.55 an hour; in turn, giving the City of Miami a $10.4 million net economic impact for the individuals that were placed that reside within the City of Miami. As far as the retention rate of the individuals that were placed, the retention rate for the center cannot be measured, but as it represents for the region, which is Miami -Dade County, it represents a 81.83 percent retention rate. So eight out of ten individuals maintained their jobs for well over 150 days. Chair Gort: Thank you, sir. I know we have seen from my office quite a few individuals, and they've been take care of and we appreciate it. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: How many job fairs have you had within the boundaries of the City of Miami? Mr. Gilbert: We've had three in the past three months and -- Vice Chair Hardemon: Where have you had them at? Where have you had them at? Mr. Gilbert: We had one two -- three weeks ago at the Little Cultural Center. We're planning one on the 17th of this month at Shenandoah Park, and then we're having one in the Liberty Square the week after, on the 24th, in Liberty Square. Chair Gort: We need one in Allapattah. Any further discussion? Vice Chair Hardemon: I have one other thing. Chair Gort: Yes, sir. Vice Chair Hardemon: I know there was a concern that was brought to me from someone, and to me, it's not important to name who the person is, but what happened to the person. And so, apparently, one of the job -- the person was hired at a job, and I guess you have partners that work with the center, and then those partners that you provide candidates to, you all give them some type of financial incentive for them to remain on that job. Well, this person was hired before they had any interaction with your authority, and what that partner did was, they sent that person to, I guess, a meeting or whatever you guys have, to -- and that person was under the impression they were being trained for something, but really, they were being added onto a list. And then they became one of those people that was being used to get some type of benefit for that company to -- so that company wouldn't have to pay a salary moving forward. So I think you kind of understand where I'm going, right? This was someone that I know, someone that, you know, we can qual what happened, and that's a concern; not because of you. I don't think it's anything that you did, but more of the partner, because the partner was the one that sent them there, unbeknownst to them, to make this assertion, to put their name in the hat, and then move forward with that process. So if you want to talk to me offline about it, you know, we can, but it's just something that we should really, really be concerned about moving forward with different City of Miami Page 61 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 partners that are -- and this partner is not within the City of Miami. It's in Miami Gardens. So, you know, it's something we just -- it shouldn't happen. Chair Gort: Maybe the question is, can people utilize the funds they receive and the employer for that time; then after they run out offunds, that's it? Now, my understanding, you're -- Vice Chair Hardemon: Well, that's really what happened. And that's what happens. Chair Gort: That's what happens. I know that happens all the time. That's -- Vice Chair Hardemon: So it's that 90-day period that you're talking about. Mr. Gilbert: Well, as it sounds, it seems as if the business wanted a on-the-job training, so an individual that they would have liked to hire, they wanted a reimbursable expense for the wages during the training period. So generally, if a business has an individual that doesn't have a skill set, they can qualffir for on-the-job training, if that job seeker is eligible for funding through Career Source South Florida. So they, in turn, sent that individual to the Career Center. We made that individual eligible for services. The employer, in turn, hired the individual and received a subsidy for training that individual during a certain period of time. Now, the contracts are written for if the person exceeds the contract and/or meets the contract qualifications, then they should be retained, but if that person wasn't retained, then that is an employer that we won't move and work for in the future. And businesses generally use the services like the Career Center, because they can receive a -- up to a 75 percent reimbursement on the gross wages for training an individual for up to six months. Vice Chair Hardemon: And it makes sense. What I'm worried about is that you have businesses that are abusing the system, and now, from what you've just described to me, they end up hurting the person that's applying for those jobs, and that's something that we just cannot happen -- have happen within our community, because we have so many people that need jobs. They know about Career Source South Florida, but then, they get that initial benefit, but apparently, they're being burned for another company that's trying to keep its business afloat using these tactics. Mr. Gilbert: I totally understand, and that's why we check the retention rates on anyone that we train as far as moving forward and engaging in a relationship with that business in the future, because the qualifications on getting another one is, "What is your retention rate on retaining the individuals that we have previously trained?" So that job -- that business would no longer receive services through our particular Career Center. Vice Chair Hardemon: Okay. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Thank you. I kind of want to dovetail a little bit off what Commissioner Hardemon was saying. Is it possible to have a little bit more interaction between what you're doing and our offices? Simply because -- for example, you're doing one in Shenandoah. This is the first I hear about it. So I mean, it's great, I think it's fantastic, but we want to be a part of it, and we want to supplement your efforts. We want to help you, we want to help get the word out. So the other thing I was going to say is you have, just based on the information I was given, in the last year, approximately a 26 percent direct placement, you know, figure from people who come in. By the way, what you have is a very difficult job, a very difficult task. I don't want to give the impression that you have an easy task. You have a very difficult task on a multitude of different levels, but, you know, I think part of our job is to push you guys to be better, so, you know, I hope that that number starts inching up or starts going up substantially. And again, we City of Miami Page 62 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 want to help, because people come to us often, just like with potholes and, you know, and tree trimmings, and everything that you can imagine, they also come to us constantly, asking us for jobs. We refer them to you, but I think it might be a good idea, you know, to have some more interaction, to have some more -- sort of doing events together. Park -- I think the park is a great idea, doing it at the park or whatever, but we have -- we definitely have people that are asking us constantly, and I think there should be a little bit more interaction. Thank you. Mr. Gilbert: Totally agree. Vice Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I see the numbers of placements. I asked this earlier, and I wasn't -- there wasn't an answer given, or this answer couldn't -- or the answer to my questions could not be obtained, which I found it hard, but out of these placements, how long -- how many of them are retained? Mr. Gilbert: Eight -one -point -eighty-three percent. Commissioner Carollo: And that's -- Mr. Gilbert: For the region. Commissioner Carollo: -- citywide, or is that per district? Mr. Gilbert: That's for the region, because that measure is not broken down per Career Center. It's a regional measure, so 81.83 percent of the region's totally placements are retained. Commissioner Carollo: And this region is Miami -Dade and Monroe County? Mr. Gilbert: That is correct. Commissioner Carollo: So we really don't know, out of these placements, within the City of Miami, and your One Stop how many are actually retained? Mr. Gilbert: Not down to the actual Career Center, but generally, the Career Centers mirror the region's efforts, and the City of Miami Center represents 5.8 percent of Miami -Dade County. Commissioner Carollo: Okay. And again, I'm okay with approving your item. I'm just -- like I always say, be, you know, extremely cautious, because these funds are highly restrictive. Mr. Gilbert: Just to touch on one more point, Commissioner, in reference to the direct job placement to outcome or employment rate, the region was measuring the Career Centers at a 20 percent clip, which we exceeded by six percent. And currently, we're looking at a 30 percent direct job placement rate, this particular program here. And another initiative that the center is running is actually the Employ Miami -Dade Project, which we're training individuals and getting them placed within the construction, hospitality and culinary industries. Within the last six months, we've trained over 234 individuals; 60 percent of the individuals residing in the City of Miami, and over 100 of those individuals have received long-term employment in the hospitality and/or construction fields. Vice Chair Hardemon: You're pulling the numbers from Monroe and from -- you said Monroe County, right? Mr. Gilbert: Well, as far as the retention rate. City of Miami Page 63 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Vice Chair Hardemon: Monroe -- Mr. Gilbert: But the direct placements and the other figures are directly correlated to the actual center. Vice Chair Hardemon: Okay. Commissioner Carollo: Mr. Chair -- Vice Chair Hardemon: So what would it take to have those numbers for the centers that you're placing from? Mr. Gilbert: Less than a week. Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: Let's do that. Mr. Gilbert: Yes. Vice Chair Hardemon: Please. Thank you. Yes, you're recognized. Commissioner Carollo: Yeah. And the reason I asked that is because a lot of these One Stops, the way that they receive funding is on placements and so forth, but, you know, people could be placed but within a couple weeks, they are no longer, you know, employed, so that's why I think the retention is extremely important, because placing is hard enough as it is, but it's even harder, you know, retaining good employees, so that's why I want to ask, to make sure that, you know, everyone, you know, we're all -- Daniel J. Alfonso (City Manager): Yeah. Commissioners, if may real quick. I've taken a number of visits to the facility where our folks work. I got to tell you, those are very dedicated folks over there, and they're not working with an easy -to -place workforce, so while the number may seem low, I assure you that we've got some very dedicated folks. And we'll be glad to get you the information that you're asking for. Commissioner Carollo: Yeah. I'm not saying they're not dedicated folks. What I'm saying is the numbers that you're giving, you know, I want to go a step further to see the numbers that you're being given so we could analyze a little further, which is from those placements that you're saying, how many of those placements are actually retained. It's simple -- it's not -- Mr. Alfonso: No, no, I understand. I'm just saying it's -- the issue of retention also goes to, you know, are there business partners out there that sometimes, they're going to game the system a little bit? Possibly. And then, the idea is identifying those and saying we're not going to be dealing with that one, because that particular vendor or operator is trying to game the system. Commissioner Carollo: Exactly. And that's the reason why we need to know what the retention is, and from where, and so forth, so that's part of why I think there should be a further analysis. Chair Gort: Thank you. Yes, ma'am. Renita Holmes: I just wanted to -- Madam Holmes again for the record. Our Homes, Business and Property Services Neighborhood First Source Workforce. I'd like to thank you, Mr. Gilbert, personally at the microphone, and say that you have done -- and make you recognize that he has done everything within his innovative qualities to be inclusive. Of those of us knowed [sic] that are working with Corrections and Miami -Dade employment that are men. And this is not City of Miami Page 64 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 something I love saying, because primarily, I work with boys and gang (UNINTELLIGIBLE). And he's done his best. I've taken the bus there with him. I've gone to other sources to get bus cards, to Single Source, but the surveying and the monitoring of the retention, particularly of those who are temporary employees, through the temp services, and the construction jobs, and otherwise, it's significant. The monitoring and the reporting on those who are local versus those who are retained that are not local, those that are homeless workers versus not makes a significant difference about impact and retention, and I'll elaborate a little bit more on that, but just mainly, I have over 27 women that may have seemed to be kept for a while, and then all of a sudden, they're let go of. I have over 27 women in my reports in my bag. If you'd like me to walk to your office, I'd like to be truthfully honest -- I know you trust me -- that I'm not working for nothing. But basically, we are, that are paid more of a minimum wage than others. So when we talk about the issues, we talk about fair employment, equal employment, and when we talk about workers like myself who get no resources, who are not in there -- and I talked to the president of South Florida Workforce -- it's been years -- how we get one group that has never had the experience, and as a subcontractor, myself I mean, I'm doing the socioeconomic support that it takes to maintain them, but I'm not even receiving resources. And when I talk about creating documentation and exchanging documentation as an incorporated City of Miami license, Miami -Dade County, State of Florida license, I would like to have that relationship, because, I could tell you, 70 percent of them folks that go particularly to Lindsey we ride buses with them there, the trolleys there with them there, but yet, I don't really exist, except for to say that I have a relationship with this professional; it's just not a documented relationship. And what I retain in information would be pertinent and relevant is just my work data. But -- Chair Gort: In conclusion. Ms. Holmes: In conclusion, it has an impact, so I think you, Commissioner, are on point, but this is something we get all the time. And once a person -- a company takes the money out of it, gets the tax benefit, I got 30 days to work with somebody, and they're not employable -- Chair Gort: Thank you, ma'am. Ms. Holmes: -- you really need to take a look at them. Chair Gort: Thank you. Ms. Holmes: And I appreciate you being on point. Chair Gort: Thank you, ma'am. Yes. Ms. Blondet: Thank you, Renita. I wanted to also talk about some of the challenges with this contract, because it's a grant funded program, and as Commissioner Carollo had said before, it is a highly restrictive funds. The contract since last year has been changed, and we get paid by placement, by performance, and all this different placement, depending on the individuals, have a different cost or revenue actually attached to it. Last year, we were able to almost break even, because halfway through the year, after talking to Workforce, we were reimbursed as a cost reimbursement contract. This year, we're back into paying per placement. The schedule of payment, sometimes with the mix of customers that we have and the placements we do, the revenues probably will not cover the monthly expenses. We just received the agreement last week. We're still reviewing all the requirements of the contract in detail. There were some changes from the original letters that were provided and the payments per placement. We're going to look into that and see if we're going to stay with the same level, continue estimate if we're going to have losses in a monthly basis. We still haven't received any invoice on the placements that we got in the first two months of the program. We're into the third month. So, you know, I just wanted to bring that up, because it's a great opportunity. We're doing great work. The staff there is excellent. They place people that are the hardest to place in the area, so City of Miami Page 65 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 they have the highest unemployment, so that's to be commended. So we're getting people employed, and as the Commissioners requested, this year, we're coming out more into the community now that we have a system and a process, into the different neighborhoods and the parks, because I think those are great venues to bring residents and job seekers. When we do the events, we have companies that are looking for employees. We just don't go there to bring people and have an event, no. We have employers that have job orders, and they're looking for employees. Many times, we even preregister the people to make sure that the people that are attending, the job seeker meet the requirements of the employer. The one that we did in Little Haiti was extremely successful, and that employer is looking for a lot more people. It's a telecommunications company, and we're bringing that one around the City, because they have a large contract, and you know, we want to -- those are very good paying jobs, and it's a great career. So with that -- Chair Gort: I have to tell you, anyone that I talk to, they're opening a business within my area, I ask them to go to you (UNINTELLIGIBLE). Ms. Blondet: And we appreciate that. You know, we -- Chair Gort: And I have someone in my staff that's constantly going to your office -- Ms. Blondet: Yes. Chair Gort: -- and taking people there, and it's not an easy job. I understand that. Ms. Blondet: No. And we been from this last year with the Employ Miami -Dade, so we're hoping to get back in the rhythm and go outside, and get more people, but one of the most important things is the companies. Chair Gort: Right. Ms. Blondet: The businesses are the ones that have the job openings, and those are the ones that we're really, really pursuing, and making sure that, especially if they do business in the City of Miami that they receive a -- Chair Gort: Thank you. Ms. Blondet: -- business of somebody who lives in the City and works in the City. Chair Gort: Thank you. I need a motion and a second. Vice Chair Hardemon: So move. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Blondet: Thank you. Chair Gort: Thank you. Are we going to have a CRA (Community Redevelopment Agency) meeting? Commissioner Sarnoff CRA? Chair Gort: Yeah. Let's break for lunch. City of Miami Page 66 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 RE.9 15-01002 Department of Real Estate and Asset Management Commissioner Suarez: Thank you, Mr. Chair. I think -- Chair Gort: What time are we corning back; about 2 o'clock? Commissioner Suarez: You want to do RE.12? Barnaby Min (Deputy City Attorney): There's also an attorney -client session. Chair Gort: When? Mr. Min: It should be at 2 o'clock, whenever you return from lunch. Chair Gort: Okay. Commissioner Suarez: Okay, great. Chair Gort: Okeydoke, we come back at 2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 1197 SOUTHWEST 19 AVENUE, MIAMI, FLORIDA, CONTAINING A TOTAL LOT AREA OF 6,726 SQUARE FEET MORE OR LESS, AS LEGALLY DESCRIBED IN THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORATOTAL PURCHASE PRICE OF TWO HUNDRED THIRTY SEVEN THOUSAND NINE HUNDRED DOLLARS ($237,900.00); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH ARE NECESSARY TO EFFECTUATE SAID ACQUISITION; FUNDS ALLOCATED FROM THE CAPITAL IMPROVEMENT AND TRANSPORTATION PROGRAM D4 PARK LAND ACQUISITION PROJECT B-50568, IN THE TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FORTY SIX THOUSAND DOLLARS ($246,000.00) TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF THE COST OF THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND RELATED CLOSING COSTS, IN ACCORDANCE WITH THE 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. 15-01002 Summary Form.pdf 15-01002 Back -Up - Appraisal.pdf 15-01002 Legislation.pdf 15-01002 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 67 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 R-15-0369 Chair Gort: Time certain. You're recognized. Commissioner Suarez: Thank you, Mr. Chair. It's RE.9, which is the -- an authorization of purchase and sale agreement for 1197 Southwest 19th Avenue, and we have members of the community that are here from the homeowners association, and this is another acquisition for the district. It's a parcel, and it's been appraised, I think, at about $100, 000 more than what we're purchasing it for, so we're walking into about $100, 000 of equity. And it's just an attempt to continue to grow our park space in the City of Miami. We've all done it in varying degrees of success, and I think at the end of the day, our community responds very favorably to our efforts to expand parks in the City of Miami. I want to thank our Asset manager. I want to thank the Administration, and in particular, the Parks Department, as well, for kind of thinking outside of the box with reference to these pocket parks and really working with our office to do it efficiently and effectively. I move it. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Suarez: If you guys want to say something -- Chair Gort: Any discussion? Istah Masher: Good morning, everybody. My name is Istah Masher. I'm the vice president of Miami Shenandoah Neighborhood Association. There's not much to say. For me, this is an easy, easy decision, right? You're increasing green areas where we're short, doing right by our children, by our elderly folks in our community who can sit down and enjoy the day. I want to commend District 4 office again. This is something we voted on in our board back in January to ask Commissioner Suarez to look into this property. We noticed it came on the market. District 4 office very quickly met with us and moved everything forward. It was a pleasure, again, and I'm looking forward to seeing a beautiful park there, and appreciate the way you're hard working. Commissioner Suarez: Thank you. Chair Gort: Thank you. You're for it. Any further discussion? Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you, Chairman. Thank you, Mr. Chairman, for the time certain. Chair Gort: Thank you. RE.10 RESOLUTION 15-01068 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), APPROVING THE MEMORANDUM OF UNDERSTANDING DavidSarnoff ("MOU") BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI ("CITY"), AND THE MIAMI-DADE COUNTY HOMELESS TRUST ("HOMELESS TRUST"), ATTACHED AND INCORPORATED, CONCERNING THE DELIVERY OF SERVICES TO THE HOMELESS BY THE HOMELESS TRUST AND THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN City of Miami Page 68 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 ORDER TO ACCOMPLISH THE INTENT OF THE MOU. 15-01068 Legislation.pdf 15-01068 Exhibit - MOU.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0370 Commissioner Sarnoff Mr. Chair. Chair Gort: RE.5. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff I'm going to be leaving in a few minutes, and I'd like to be here for RE.10. With your permission, could we take it out of turn? Chair Gort: Sure. Commissioner Sarnoff So to my colleagues, RE.10 is a resolution of the City of Miami approving the memorandum of understanding between Miami -Dade County, the City of Miami, and Miami -Dade Homeless Trust, concerning the delivery of services to the homeless for the next fiscal year. As you all know, in a very public way, it was a very arduous summer for some of us, and a very public dispute resolved, I think, into a very favorable outcome. Three hundred fourteen people, effective in Sep -- in October -- I'm sorry -- will have an opportunity to come off the street. That's a historic number; that is a profound difference. If, in fact, we do have 500 people that are homeless in the City of Miami, a very persuasive argument could be made, three -fifths are going to have an opportunity to come off the streets. This is not a perfect agreement. There was a lot of compromise to it. For those who did not think a mat was a bed, we're no longer going with the mat; although I will tell you this: When the temperature gets below 61 degrees, a mat, apparently, is a bed, because that is the protocol of the Homeless Trust. But this is a good agreement, because every emergency shelter bed will have the opportunity for a continuum of -- for the continuum of care, and that means that the folks won't be forced to have to have a social worker, or to get drug treatment, or to get alcohol rehabilitation, but they will have the opportunity to have those facilities, especially at Camillus House. This summer, they started -- they didn't start something, but they are starting to prove that the Lazarus Project is working; that is where you provide voluntarily to the homeless an opportunity for drug treatment that can help them with any schizophrenia, or any other form of mental disorder that they have, and that program is showing extremely promising results, and that's being administered by Judge Leifman, or at least that's his committee that's handling it. So I would hope that the -- my fellow Commissioners would support me in this resolution. Danny Alfonso was extremely effective in negotiating. The Mayor, Mayor Regalado provided his money towards portable toilets that, hopefully, we will inevitably be able to procure; color me surprised it's taken us this long. And Mayor Gimenez was instrumental in brokering the agreement. Commissioner Suarez: Second. Chair Gort: It's been moved by -- Commissioner Suarez: For discussion. City of Miami Page 69 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Discussion, yes, sir. Commissioner Suarez: I just want to say that I'm extremely proud of Commissioner Sarnoff on this issue. If he's had any sort of an evolution of thought on a substantive matter, this is one that, to me, is of infinitely more importance than the one that we were discussing before, because it involves the lives of people who are often forsaken or overlooked, andI remember how the conversation began on this issue, and where the conversation is ending for you is something that I think you should feel very proud of, because now, you're talking my language and -- it's not my language, really, because it's not a Francis Suarez thing. It's really about, you know, the people who you seek to protect, and to comfort, and to help, and there's certainly an ancillary benefit for those in the community that are impacted, you know, by them. But at the end of the day, there's so many good things happening in our City. We're so compassionate, and we get so little credit for the compassion that we display for people in our community, and it's really something that I'm glad you fought for, because at the end of the day, you see things like the Lazarus Project; you see things like this agreement, and you really do think that we're making a significant amount of progress on an issue we've made a lot of progress on over the years. So, again, I commend you, and it's something that's a great legacy issue for you. Thank you. Commissioner Sarnoff And I just want to say you were one of the primary persons who showed me a different side of the equation about five years ago. Chair Gort: Yes, ma'am. Renita Holmes: Madam Holmes, for the public; particularly the women. You know, there's a big gap, and you wonder why I'm so agitated, because this weekend, I had a woman that was -- she exited the HAC (Homeless Assistance Center). She did not have any I.D. (identification), she has four kids, she's a victim of domestic violence from another country, but she's been there without regards for HIPAA (Health Insurance Portability and Accountability Act), this particular lady I'm speaking of. There are other women, as well, and I'm overwhelmed, because I'm right there. It's not like I can turn my head. I live there, too. And so when we talk about a flowchart, when we talk about a dent we put in, I watched three kids lose their mom; she has to go back. Two of the kids were born here. She's still a victim. She never received those subsequent services. Doesn't take a genius to know that if you got a woman in a house that's got DV (domestic violence) marks, and her children are showing the signs of PTSD (post -traumatic stress disorder). So my question is still there about how many mats were there for women that are not there for women anymore? Chair Gort: You're recognized Commissioner Sarnoff Okay, I -- Ms. Holmes: Allow me, please. Chair Gort: Let her finish. Ms. Holmes: The -- you know, the number of services, and houses, and Miami Rescue Mission beds for men, as opposed to women who have children, I'm concerned, because it's a big hole about the LGBT (Lesbian, Gay, Bisexual, Transgender) women who are being separated from their significant others. Could have been me. I chose to take the bridge, me and mine. And so don't pat yourselves on the back too well about this, because Pottinger was redone, and I thought that was so unfair, but particularly to women. And them funky little bathrooms that men pee on that we go into, I'm not necessarily about those. I want to be treated better as a woman. I want to be seen as -- I need specific answers, specific housing, and have specific homeless issues, because it's really, really bad. Now, I'd like to speak with you all later. Let's avoid time to show City of Miami Page70 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 you what I've got about that big gaping hole, and how many women and children are falling through now that we don't have mats. It's hard to carry. See, women basically -- and I'm going to close, Mr. Chair. Chair Gort: In conclusion. Ms. Holmes: But it's a human rights issue. When people put property rights before human rights, I wonder if they're real people. And I'm not insulting you, but we got to get it together. Chair Gort: Thank you. Ms. Holmes: So my question is: If there are seven to one beds for men as opposed to homeless woman, and women -- 50 to 60 percent of the women are carrying three to four children with them, maybe we need to step it up a hundred percent. Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you very much. Chair Gort: I read the whole contract, and I'll let you answer that one. Commissioner Sarnoff Yeah. There are 55 beds that never existed before for women, so women and children can now go -- Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Sarnoff Fifty-five that did not exist before. Chair Gort: Yes, sir. Manny Sarria: Manny Sarria. I'm the deputy director for Miami -Dade County Homeless Trust. I wanted to commend Commissioner Sarnoff, Danny Alfonso, and the City Mayor for reaching this agreement. I don't think it was necessary. I was going to clam that through this agreement, the Homeless Trust issued a request for applications, which funded beds at Camillus House, but also funded beds at Lotus House, which includes women with children. Thank you. Chair Gort: Thank you, sir. Grace Solares: Grace Solares. We as individuals have a moral obligation to help all these people, and government has not only a moral obligation, but a social obligation. I hope that this teaches us a lesson that when the objective is to help the people in this City, and the less fortunate, such as the homeless, we cannot think about our own individual governments. We must all come together to find a solution to it. So now, we have the Homeless Trust; now, we have the City and somebody else coming together, finally, to actually reach this, so good work. Thank you. Chair Gort: Thank you. Let me just say a little things, because I have a little history with the homeless, going back about 25 years. I can tell you, the City of Miami -- we have homeless all over Dade County, but everything ends up in the City of Miami. We have taken full responsibility. We have dealt with it since 1993, when they didn't have the Trust, and they needed the vote of -- and they needed a place where they could put the Homeless Trust. It was the City of Miami that voted and allowed them to come in there. So I have to tell you, the City have always been very involved. The biggest problem that we have, I would say, 90 percent of the homeless, they're mentally ill, alcoholics, or drug addicts. We just give them a bed, it's not enough. We have to give them treatment. And I know Judge Leifman is working on that, and City of Miami Page71 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 RE.11 15-01086 Department of Parks and Recreation hopefully, the County gets to build that facility as soon as possible so we can really take care of these people and give them the need that they have. Thank you. Any further discussion? Commissioner Sarnoff. Yeah. Chair Gort: You have a question? Yeah. Commissioner Sarnoff. Let me especially thank the Manager, because you would think -- I don't know -- he would let me deal with it sort of on my own, but at every step of the way, and at every important meeting, he was there. And Danny Alfonso offered good advice and good suggestions at very key moments, and I actually thought kept the conversation going at certain critical junctures. So I just want to personally thank you for being there. I know it was the summer. I know it may not be an issue that you had a great big -- a great amount of dearth or background, but like most things that you don't know, you got up to speed very quickly. Chair Gort: Okay. Daniel J. Alfonso (City Manager): Thank you, Commissioner. Chair Gort: Any further discussion? Good. 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 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PARKS FOUNDATION OF MIAMI-DADE, INC. ("FOUNDATION"), A NOT -FOR -PROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FUNDING IN THE AMOUNT OF TWO -HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE FOUNDATION AS PREVIOUSLY ALLOCATED PURSUANT TO RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, FOR PARKS AND RECREATION SYSTEM IMPROVEMENTS AS DEFINED IN SECTION 13-5 OF THE CODE OF THE CITY OF MIAMI FOR THE UNDERLINE PROJECT (FORMERLY KNOWN AS THE GREENLINK PROJECT) WITHIN THE CITY LIMITS OF THE CITY OF MIAMI. 15-01086 Summary Form.pdf 15-01086 Pre-Legislation.pdf 15-01086 Legislation.pdf 15-01086 Exhibit-Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0371 Chair Gort: We have two RE (resolution) items to look at, and then we can go into Zoning, Planning & Zoning, all right? RE.10. Done. RE. 11. Kevin Kirwin: Good morning, Commissioners, or good afternoon, Commissioners. Kevin Kirwin, your City of Miami Parks & Recreation director. RE.11 is a resolution authorizing the City of Miami Page 72 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 City Manager to enter into a grant agreement in substantially the attached form, to provide funding in the amount of $200, 000 to the Park Foundation for the purposes of system improvements and a master plan for the underline. Chair Gort: Thank you. Yes, ma'am, you're recognized. Meg Daly: Hi. My name is Meg Daly, 1004 Cotorro Avenue in Coral Gables. Commissioner Sarnoff Before Ms. Daly speaks, Mr. Chair, can I just say a few things? I think it may set the table a little better for Ms. Daly. I asked this be brought to the Commission because they were having difculty in receiving their $200,000 grant, which we had granted them about a year ago, if I remember. I'm going to assume, Mr. Kirwin, that that $200, 000, the impediments or the contingencies or the "subject to's" have all been satisfied? Mr. Kirwin: Yes, sir. Commissioner Sarnoff Okay. Congratulations. Does this Commission need to revote on that as a resolution? Yes? Victoria Mendez (City Attorney): That's what's here before you today. Commissioner Sarnoff So moved, and then I will -- Commissioner Suarez: Second. Chair Gort: It's been moved and second. Commissioner Sarnoff And let's just vote on it; then I'd like to say a couple things, if that's all right. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff And I also brought -- so if -- there's a good French saying, in para par se with it -- probably got that very wrong -- but -- Commissioner Suarez: I think so. Commissioner Sarnoff I think -- yeah, I think the French would kill me, but that's okay. It's a discussion item concerning the underline and how we could potentially fund this on a sustainable way. So what I asked this Administration to do 31 days ago was to give us the number of buildings that are being built; first, within the thousand feet; or then, within 500 feet of the underline, and that this Commission could consider using park impact fees to help fund the underline, itself which would give them a certain sum of money that they could predict, and they could predict that going on into the future. And I don't have to get into, Commissioner Suarez or Commissioner Carollo, that park space is so limited; it is. And the acquisition of it, the beauty of this is we don't need to acquire it. This would put, certainly on the west side of my district, on the east of Commissioner Carollo's district, especially by Brickell, park space where it's very valuable and very scant to find. I brought it up merely as a discussion item. I know that Meg Daly is here to talk about it. I think it's a good idea. I think it's a sustainable program. I think it gives them a certain amount of money. If I'm not mistaken, the Brickell section of the underline, which I think they categorize as phase one, is approximately $6 million. I think they have an idea for funding of four of the $6 million, and may have an idea for one million more. So I think we're dealing with numbers that we can gravitate to. Mr. Chair, with that, I'd like to allow Meg City of Miami Page 73 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Daly to speak. Chair Gort: Yes, ma'am, you're recognized. Ms. Daly: Hi. Thank you so much. My name is Meg Daly. I live at 1004 Cotorro Avenue, Coral Gables, and I'm founder of Friends of the underline. I've recently met with all of you and your staff to update you on our progress. I also want to thank you so much for the master plan funding. Our promise of meshing a world -class linear park, urban trail and living art destination from underutilized land below Metrorail has excited our community and the nation. Last March, through a competitive process, we selected our design team, James Corner Field Operations, the designers of New York City's highly successful highline. We've had five public meetings and completed hundreds of surveys, and people told us what they want. They want two trails. They want one for pedestrians and one for bicyclists. They want to connect with nature and restore native ecosystems. They want to see public art. They want lighting, and to be able to cross streets safely. They want the vision of the underline. Our ten -mile footprint begins at the Miami River and ends at Dadeland South. Half of the corridor is in the City of Miami. We go through many neighborhoods, and we've designed distinctive parks for each. We connect to other major trail initiatives and even have plans to push north, south, east, and west to support a network of off- and on -road trails. The underline is a big vision and a big project, but our City has even bigger need. Our County is the fourth most dangerous place to bike in the State, and the fourth most dangerous place to walk in the country. Clearly, we need an off -road safe haven like this project. In less than six months, we produced a draft of the master plan. Our next steps are County and municipal approvals, and I just sent to City Manager Danny Alfonso the master plan for distribution internally at the City of Miami. We'll have a final public meeting and FTA (Federal Transit Administration) approval before the end of the year. Our construction estimate for the ten miles will be completed at the end of the month, and the economic impact study will be completed in October. We're also producing a traffic study to demonstrate how the underline will reduce congestion by getting people out of cars, onto their feet, and bikes in transit. We want to start building phase one of the underline in the Brickell area in the fall of 2016. So far, we have secured three million from the County, one million from FDOT (Florida Department of Transportation), and we are seeking over a million privately. The underline is not currently in the City of Miami's budget, and I hope you will consider a contribution to the construction of the five miles in Miami. Miami is at a tipping point. By adding quality infrastructure, we'll be more mobile, healthier, livable and more sustainable. Thank you so much for your support, the City's enthusiasm, and I look forward to returning soon with more updates. Thank you. Chair Gort: Thank you. My understanding, you have a list of individuals that would like to speak. Ms. Daly: We have a few speakers. Chair Gort: Okay. Ms. Daly: Thank you. Chair Gort: Commissioner. Commissioner Suarez: Thank you, Mr. Chair. I just want to say that I wholeheartedly support your efforts. As Commissioner Sarnoff said, I think we have some unique opportunities with Ludlam Trail, with the underline, and with a variety of other potential properties that we're looking at, but this one in particular reminds me -- and I love the pictorial, the way that you've expressed it, because it reminds me a lot -- I went to Carson, California, and they have a beautiful run trail right up to the bay; it's about a three- or four -mile run trail. And so, you know, I think just the way that it's pictorially represented as a, you know, divide from U.S. 1, which is a major thoroughfare, it's beautiful and it -- you know, I really believe that we're going City of Miami Page 74 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 to do everything in our power within the City boundaries to make it happen, because I think it's essential for our City that it happen. Thank you. Ms. Daly: Thank you, Commissioner. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I, too, am a supporter of the underline, and voted, I guess -- was this our second or third time that we voted for the $200, 000? Daniel J. Alfonso (City Manager): This is the third time, sir. Ms. Daly: The third. Commissioner Carollo: So you start losing track once, you know, it's the same money over and over, and over again, and how hard is it to get rid of $200, 000? Gee. Think about this -- Commissioner Suarez: Does that mean that it's 600 now? Commissioner Carollo: No. What I'm saying, that it's the same 200. It's the same 200. But anyways, with that said, I, too, am a supporter of the underline. As a matter of fact, I contacted Ms. Daly -- I guess it was quite a few months back -- Ms. Daly: May, like May. Commissioner Carollo: -- Meg, quite a few months back. And even though, I guess, technically, you could say, no, in our City budgets, we haven't funded the underline, and that's also incorrect, because we are funding it as long as we work with our Parks Department, because I have waited patiently for year -- year after year, and finally have received impact fees to actually construct that part of the underline. And as I showed Meg, you know, we were planning this way before the underline even became a corporation. I was actually speaking with Commissioner Barreiro because of Miami -Dade Transit, and in all fairness, it was the two hotels, the park (UNINTELLIGIBLE) right there, and you know the area very well, on the other side of Simpson Park, and we had spoken -- I mean, at least three years ago, we began conversations. And I just don't want to do that part of the underline; I also want to do the curb and gutter, and so forth, keep going, because right at that area -- and I don't know if you're familiar with it, Commissioner Sarnoff -- at that area, the Metrorail actually goes to the street level. So there's a -- it's fenced off from the public, and then there's a crosswalk, which a lot of people in the Roads are actually using. So we have sufficient funding in place for this to happen, and I just want to work with our Parks Department, which we are, in order to coincide with the underline, I feel at the same time, it's under the City's control. It's under the City's, you know, control as far as how we put it in there, because I'm looking a little bit more of a passive park; and Meg, maybe a little bit more aggressive with some of her stuff, but I'm sure we could work together. Ms. Daly: Absolutely. Commissioner Carollo: But I actually reached out to her, and we walked it. I -- we walked it. We actually walked that whole trail. Ms. Daly: We did. (UNINTELLIGIBLE). Thank you. Commissioner Carollo: Goes to 25th Road. So, again, I'm a supporter. As far as going as far as saying, hey, "X" number of impact fee, again, I don't want to tie our hands, you know, but I City of Miami Page75 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 do support it and I think, realistically, it goes through, I believe, either two or three Commissioners' districts. I think we could find funding for it, but again, I want to make sure that Chair Gort: Goes through all five Commissioners' district. Commissioner Carollo: Well, all five Commissioners. I could clearly tell you, I've already put my part. I've already have allocated fundings for you. Chair Gort: Great. The -- as we discussed before, I think it's a beautiful idea, because looking at those concrete walls and all that, it's kind of ugly. This will make an improvement. But like I requested before, this is your first phase; second phase, let's go north. Ms. Daly: We will. Chair Gort: Okay, thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff So, Mr. Manager, I've been asking now for 32 days for the permits that were pulled within 500 feet of the phase one of the underline. When might I have that review? Mr. Alfonso: All right. Commissioner, the information that I was given is in the last 12 months, impact fees within a thousand feet of the underline amount to about $7.3 million. Now, that's past. That money -- Commissioner Sarnoff Those are already paid in. Mr. Alfonso: -- is already in the bank, which means it's already appropriated in our -- Commissioner Sarnoff Right. Mr. Alfonso: -- budget. So future impact fees, you know, what they're going to be, we're not sure, but it could be significant. Commissioner Sarnoff Okay. So, you know, I'm just going to say -- I'm going to quote Joe Biden, who's an interesting guy to quote right now. You can tell me what's important to you, or I could show you what's important to you by your budget. So I'm going to ask that we bring back some sort of an ordinance that -- that's a very high number, so I'll go on to say any buildings within the phase one, on the east side of -- in District 2 would be dedicated toward a funding source for the underline. Commissioner Suarez: I'm going to support that. Commissioner Sarnoff It's pretty easy. I mean, I'm saying -- Commissioner Carollo: So for the east side of District 2. Commissioner Sarnoff Well, I really mean the east side of the underline, because it would be the east side. Commissioner Carollo: District 2. City of Miami Page 76 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Sarnoff District 2. And I think that would give you a dedicated source of funding. You heard $7.8 million. I will bet you 5 million of that 7.8 is probably money you could probably count on. Even if you go down to $1 million next year, that's a million dollars that you need. And there's -- and I'll yield to you, but there's no potential for a new park in that area other than the underline. Commissioner Carollo: Commissioner Sarnoff -- I'm sorry -- Commissioner -- Mr. Chairman. Chair Gort: You're recognized. Commissioner Carollo: Yeah. That's not necessarily true, but anyways, with that said, let's say fundings from this is going to go to the underline, but when you say it's going to go to the underline, what; it goes to this nonprofit, and then they build a park for us? Or how does this work? Because I keep saying, coinciding with our Parks Department and getting -- because I'll tell you right now, as far as putting your money where your mouth is, I'll show you the allocation. I'll show you 15th Road 1st Avenue; it's there. As a matter of fact, I don't want to wait till 2016, to the fall of 2016. I want to begin beforehand, so it's there. Commissioner Sarnoff I think -- Commissioner Carollo: So my question is, when you say you want "X" number of impact fees to go to the underline, okay, through the Commission; through that Commissioner's district, since there's five Commissioners that have a piece of the underline? Or go directly to this not -for -profit and --? Commissioner Sarnoff Well, as in many things, I would yield to the Manager and I'd yield to Madam City Attorney as to the proper entity that would make sure that would be building this particular -- I assume since -- I shouldn't make assumptions, so let me ask the question. So since there is the Parks Foundation of Miami -Dade, Inc., and we just gave them $200, 000 for the master plan -- I guess I made a great big assumption, and I apologize, Mr. Manager -- that that would be the entity for which we would -- then would be building the park. Am I wrong on that? Mr. Alfonso: I don't think that's necessarily the case, sir -- Commissioner -- I'm sorry. I mean, we would have to figure out exactly who is going to be doing the construction, who's going to be in charge of that, who -- just like -- the whole reason why this came back three times was precisely because we thought there was an entity, and then there wasn't an entity, and -- Commissioner Sarnoff So what is the entity that's going to be building the underline? Ms. Daly: It'll be Miami -Dade County Parks. And so the funding goes ultimately to Miami -Dade County Parks. And the issue with the 200, 000, from my understanding -- and Clayton Solomon was involved in that discussion of the most recent document -- was that both the Parks Foundation and Friends of the underline are a 501(c)(3), and either one -- either party could receive those funds and then distribute it to the entity that's constructing, which would be Miami -Dade County Parks, and we'd have to go through their program and process. Commissioner Sarnoff So if my resolution were to ask for the ordinance to come back and it go to Miami -Dade County Parks -- Ms. Mendez: You would not need an ordinance. This could be by resolution. Commissioner Sarnoff Right. Ms. Mendez: Because you're allo -- you're making an allocation; however, I would suggest that it would only go to one entity, which is the Parks, Miami -Dade County Parks, because they have City of Miami Page 77 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 a quasi -agency -government type situation with the County, because if not, something that would have to be procured and -- Commissioner Sarnoff Why don't we do this: Why don't ask that the City of Miami enter into an MOU (Memorandum of Understanding) with Miami -Dade County Parks for a funding relationship for phase one of the underline -- am I describing it right, phase one? Ms. Daly: Yes, mm-hmm. Commissioner Sarnoff Which is the Brickell area, and that any District 2 building, Parks impact fees be dedicated toward the funding of that entity, which we now understand is Miami -Dade County Parks. Commissioner Carollo: Now -- Commissioner Suarez: Second. Chair Gort: There's a motion and a second. Discussion. Yes. Commissioner Sarnoff Slow second. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Yeah, two things: Number one, I brought that issue, because, obviously, I knew that this wasn't just an easy issue as far as what you were asking, for the impact fee, number one. So number two, you actually want Dade County Parks to -- you want to give control to Dade County Parks to do the park in the City of Miami, which is still your funding, so you're saying, "Hey, Dade County Parks, here's our funding. Come in and do our parks." Commissioner Suarez: Can I chime in? Commissioner Carollo: I mean, I have a good relationship with Commissioner Barreiro, so -- but in essence, that's what you're doing; that's number one. Then number two, there's no doubt about it that -- and we voted for many of these projects -- the largest construction, the largest amount of -- Commissioner Suarez: Impact fees. Commissioner Carollo: -- impact fees is in your district. Why? Because that's the central location where we have our downtown, so it doesn't really make logic that big construction would happen in many of the other districts, so, obviously, you would have the majority of the Park impact fees. Now, what I'm saying is, you know, we hear all these master plans, and master plans, and master plans. What about our City of Miami Master Plan that stipulates parks east of 12th Avenue -- I'm sorry -- west of 12th Avenue, and that's where it's very needed, you know, and it's in some less affluent areas, like Little Havana, and going all the way down to Flagami. So what I'm saying is, listen, I'm backing the underline; however, to say all of the impact fees from now on, all the Park impact fees from now goes to the underline, I don't know. I have -- Commissioner Sarnoff So why don't we do it -- Commissioner Carollo: -- some reservations about that. Commissioner Sarnoff I understand. So they're looking -- you're looking for a million dollars, right? So why don't we just cap it at $1 million? City of Miami Page 78 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Suarez: Second as amended. Commissioner Sarnoff Right. Commissioner Suarez: Can I -- may I, Mr. Chair? May I -- Commissioner Sarnoff Cap it at $1 million. I mean, they're -- I can name five buildings that I know have not paid impact fees that will pay impact fees that are within 500 feet of the underline. Commissioner Suarez: Mr. Chair, if may? Chair Gort: Yes. Commissioner Suarez: Look, part of -- and I understand the Commissioner's concerns, because he's talking about facts, and they're undisputable facts; however, part of expanding park space is taking advantage of opportunities that exist. This is an opportunity that currently exists, just like Ludlam Trail, which happens to be in my district, and he was talking about the Flagami area is an opportunity that exists. There are other opportunities that I'll be bringing in the future that also exist. First of all, the limitation helps, I think, because I think there, you set some sort of a cap. May -- it may mollify him. I don't know if he's going to support it or not, but at the very minimum, there's some sort of a limitation. We have the right to expand or contract anything that we do. That's the part that sometimes I feel like we get too caught up in the moment a little bit, and we forget that we can say, "Look, times have changed. " We just did it today on the media tower. We just took something out of our Code. We didn't think it was in the best interest of the City any longer. So if we think something's getting out of control, we can always dial it back; I mean, that's easy to do. So, look, I support this wholeheartedly. This is a unique, undeniable opportunity, and we have to take advantage of it, just like we have to take advantage of Ludlam and other opportunities. What I was going to mention was with respect to Ludlam -- and it'll be coming at the next Commission meeting -- what you may want to do is say -- in other words, have a placeholder and say, for example, "We're going to be allocating a certain part of our park acquisition impact fees that was designated for District 4, but we're doing it as a placeholder, because we don't know how it's going to be managed and operated" It may be a conservancy, the Ludlam; it may be the County; it may be the City; it may be some third party, who knows. The point is that you're segregating the funds so that they're usable once that is established, so that's sort of after the fact. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: As a matter of fact, the County has allocated $3 million, correct? Ms. Daly: Yes. Commissioner Carollo: And they allocated those $3 million to? It wasn't to their Parks Department. Ms. Daly: It would go to Parks, the Parks Department; not the Parks Foundation. Commissioner Carollo: So they allocated the $3 million to the Parks Department? Are you sure about that? Ms. Daly: For construction of the underline, so it's -- yeah, there's a footnote that it's for construction of the underline, from road impact fees. Now, I would like to add -- because I think what we're talking about is a governance issue -- we're a nonprofit. We're a 501(c)(3). We have City of Miami Page 79 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 developed an outline for governance, which is being reviewed by Transit -- you know there's been some turnover there -- as well as the Parks Department and what was Public Works. The municipalities are represented in that governance model. So it's a separate entity that's also a 501(c)(3), which is a conservancy model. So we have representation from the three municipalities and the County agencies, as well as Friends of the underline for construction oversight, as well as ongoing maintenance. Commissioner Carollo: I'm sorry, and forgive my ignorance. Who's the representative from the City? Ms. Daly: We have an outlined document, and so that's just basically the base outline, and those things will be worked out with the various municipalities in short order. Commissioner Carollo: But we don't have a representative from the City, right now, because it has -- Ms. Daly: No, not right now. We have a proposal. Chair Gort: Let me tell you, the -- I know it's going to be built within the City of Miami, and we look at the City of Miami Parks Department, but we need to understand this is going to be built in County -owned property; am I correct? Commissioner Carollo: No. Commissioner Sarnoff Yeah. Commissioner Carollo: No, and I'll tell you why not. Because -- I'll tell you why -- we own either side of that Metrorail Station so -- Ms. Mendez: The problem is the Rapid Transit Corridor, and this would be within that, so I think they trump us on that. We fought them many years ago on this, and that's the problem. Commissioner Carollo: I'm pretty comfortable we own -- okay, at least the area that I'm talking about that we've already allocated funding, and you know the area very well, Meg. We own a significant part of that parcel already, so I wanted to make it -- you know, and as a matter of fact, three years ago, I spoke to Commissioner Barreiro to see how we actually maybe even -- I don't know if it's possible -- get the County to deed that to us. But anyways, it was just discussions back and forth, but the bottom line is, at least in my area, the City owns a good part of it, so it's now just, you know, putting the parks together so that makes it one big park as opposed, you know, a section here and a section there. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. Meg, if you wouldn't mind, there's a very small section that's in my district. It's a very kind of unique section that touches U.S.1 between 27th Avenue going east and they actually -- we've been in sort of a titanic battle with the Florida Department of Transportation over a fence that they erected that sort of blocks the view of the business owners from U.S.1, and we've been trying to work with that. If you don't mind meeting with them, because I think there's some concerns about just in that small section, how it would interact with their property, so just -- if you don't mind. Ms. Daly: Well, you make -- you bring up a good point. This corridor has really not been paid attention to. It's a Rapid Transit Zone, and it's wholly controlled by Transit. There's a number of other right-of-ways that are contiguous, but it's still, for the most part, a hundred feet wide from the Miami River down to Dadeland Station South. That FDOT fence went up without anybody City of Miami Page 80 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 knowing about it. Apparently, it had been in the pipeline for two years. One of our representatives went, as well as one of our attorneys, with you, with Jose, Javier Rodriguez and so forth. Our intention is to try to get FDOT to understand the rationale of a vegetative border rather than a fence border, and also give the home -- the business owners visibility from the street, so that particular parcel has a lot of things going on in it, but we're very paying attention to it -- Commissioner Suarez: Thank you. Ms. Daly: -- in our design. Chair Gort: What I would like, Mr. Manager, so there will not be any confusion for a lot of people to understand what the impact, it has certain criteria how the funds can be used, because a lot of people believe that impact fee could be used all over, so could you go over and explain how impact fee is used and where it has to be used? Mr. Alfonso: Well, okay, Commissioners, so just to make sure I understand where we are right now, what we're talking about is taking impact fees from buildings a thousand feet to the east -- of 500 feet to the east of the corridor, and designating them, up to a maximum of $1 million, to the Underline Project. And we will work a maintenance -- a management understanding agreement -- Commissioner Sarnoff MOU. Mr. Alfonso: -- an MOUwith the County so that we transfer the funds over and they build, not different from what we do when they give us money and we build in our parks, or when they give us money and we build a road or something like that, so that's sort of the structure that I'm envisioning. Our impact fees for parks are eligible for new park construction; building, land, et cetera, so that's my understanding. Chair Gort: And it has to be used when the impact takes place; am I correct? Mr. Alfonso: Well, the -- we've always had an argument about how far the impact can extend. We can argue that, depending on the size and scope of a park, it could be considered a citywide impact, so that, you know, the 35 square miles of the City could be the zone. Chair Gort: Thank you. Mr. Alfonso: That's been the argument that we've made in the past. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: One -- I don't want to say "one last question, " but another question: Do you want to sunset at any time, Commissioner Sarnoff? Because I would admit, I've been a critic of our CIP (Capital Improvements Program) Department, but I would think our CIP Department is going to be quicker than their CIP and Parks Department, so, you know, in other words -- Mr. Alfonso: Thank you, sir. Commissioner Carollo: -- so you want to send a million dollars over there, and if it's five years City of Miami Page 81 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 from now, that million dollars is still sitting over there, and the park still hasn't been built. When do we say, "Hey, guys" -- Commissioner Sarnoff I'll tell you what, Commissioner, I like that suggestion, so I'll amend it to sequester the money for four years; not even five years; four years. If they can't get it going in four years, Meg, you're a failure; just put it on record. Commissioner Carollo: I have to tell you, though, I can assure you that with our CIP Department, part of the underline will be built, at least in my district. Chair Gort: That's good. Commissioner Carollo: So way before four years. Commissioner Sarnoff But it'll be like an island, and we could make it into a thoroughfare. Commissioner Carollo: Well, that's -- Ms. Daly: That's right. Commissioner Carollo: -- but that's exactly why I'm saying that, Commissioner Sarnoff, because your island and my island sort of -- Commissioner Sarnoff Let's join those islands. Commissioner Carollo: Exactly. But if my island is built and I'm still waiting for your island, and someone tells me, "Commissioner, didn't you vote in favor of giving them a million dollars?" Commissioner Sarnoff Well, or I could vote you off the island. Chair Gort: Gentlemen, we've got a long evening today. Commissioner Carollo: That's exactly my point. So when do we get that million dollar back? That's exactly my point. Commissioner Sarnoff I -- all I'm suggesting is -- first of all, I like your suggestion. If you can't -- let this be sequestered for four years, fine. Commissioner Suarez: The seconder accepts the modification. Commissioner Sarnoff And then it sunsets. I also have a second suggestion once we do this resolution; for a second resolution that I think will help this process. Commissioner Suarez: Okay. Chair Gort: My understanding is -- Commissioner Suarez: Can I stay on the island? Chair Gort: Excuse me. Commissioner Suarez: Thank you. Chair Gort: My understanding, we have some people that'd like to speak. City of Miami Page 82 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Ms. Daly: Thank you. Todd B. Hannon (City Clerk): Yes, sir, I do have some people that are signed up to speak. The first three speakers: Clayton Solomon, William Fitch and August Neal. Clayton Solomon: Thank you, Mr. Chairman and members of the Commission. I'd anticipated this would -- appreciate your remarks, but I'll give my points either way; I'll get to the point. I'm here as a constituent of yours to urge permanent funding for the Underline Project or budgeted funding for the Underline Project. I've lived in Miami for over 20 years. I'm a resident and homeowner in Brickell. I used to take public buses and transportation to high school, and despite my rugby -like frame, I'm an avid cyclist. I once rode 4,000 miles from San Francisco to Washington, D.C. (District of Columbia), and I've twice rode from Miami to Tallahassee. And as I am not an economist or a public planner, I'm here to talk to you about the biking aspects of this project. Having biked through 120 cities across America, I can tell you that Miami is way behind. We should be a paradise for those who enjoy this sport as much as I do, and not just the people who ride on Key Biscayne, but families, and children, and recreational users. Miami is among the worst in the country in terms of bicycle safety, and Bicycling Magazine ranked us 44th out of 50 in public support for cycling. That's right behind Omaha, Nebraska. Simply stated, bicycling in Miami is unsafe and impractical. It's unsafe, because we lack dedicated bike lanes and paths, because of poor signage and poor intersection crossings. It's impractical, because the main traffic arteries aren't suitable for cycling. And the underline, as you've seen through Meg's project, will solve all of these problems. I'm pleased today that you're voting on a grant; and I'm pleased also, to see the discussion in favor of using parks fees. I'm urging you to do everything you can within your power to make the underline a legacy of this Commission. Thank you for your time and your service. Chair Gort: Thank you, sir. Appreciate it. Next. William Fitch: Thank you, Mr. Chairman. Commissioners, my name is Bill Fitch. I'm a resident at 31 Southeast 5th Street, Unit 3815, in Miami, 33131. I'll start off right now by thanking you. I was going to say, `please do it," but you've done it for the 200,000 to get started. I would have liked, since you voted three times, for it to be six. Commissioner Sarnoff and others have heard me say many times that my wife and I chose to come to Miami, having lived in every other part of the country, because it has everything I wanted for a perfect life; almost perfect. Traffic needs to be fixed, and we need parks. This is an outstanding move to get parks. This is an outstanding move to make Miami an even better place. Meg has talked about some of the other cities that have linear parks. We need to be as good or better than they are. The underline will enhance the use of the Metromover, because it'll make it much more friendly to people to go there and use it. You've got money in the budget in the Parks, almost $4 million. Certainly, some of that could be used as a part of this to fund it in the future, as well. There is one other item I've mentioned to Commissioner Sarnoff, which I think is ridiculous in the budget, and I'd love to see that moved away, and that's putting plastic binds on the -- to cover a wall along U.S.1. Use that for the underline. You've got lots of -- this is an amazing project; we need it. You've all said we want to cut down on traffic. You've all said we want more parks. This is a way to do it. Thank you, and please do it. Chair Gort: Thank you, sir. Next. Ms. Daly: Thank you so much for the time that you've given us. We have a number of other speakers. You guys have a very full agenda today and a very busy night, so we want to be respectful of your time and say thank you so much for your consideration. Chair Gort: Thank you. Yes, ma'am, you're recognized. City of Miami Page 83 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Renita Holmes: It's Madam Holmes, son. It's been a great day here today, and there's several meetings. Just as a taxpayer and someone who lives in a community where park development is basically -- I'm still on this contamination thing and how some parks and some folks can get a budget to expand, renew, consult after close and still be building up their neighborhoods. Through the Chair, Chairman Gort to Commissioner, I love this, how one community can continue to deal with its traffic, and its bicycling issues with all of its parks, and I could just stay in my neighborhood, you know, and have these contaminated parks with no report, and no building, and everybody just building all around Overtown and downtown, and, you know, the ghetto. I don't know if it's because we don't have these bright ideas, but I think this is a wonderful project. I've read it through, Madam, but we're all not -for -profits; we all have parks; we're all taxpayers. My concern is that I'm just -- I think it's so unfair when one community can continue to have access to new revenues and, you know, and have -- this park in -- over here, I got children dying with no safe space. We get knocked around. If you'd have pulled the reports on bicycle incidents, they're high, Commissioner Hardemon, in our area. I've got two back here in my backpack right here, being hit by cars, right here. No, this -- that's just life. But I'm just wondering, when it comes to saving monies for one area, one district, one Commissioner, and then it's never contested. And then it's always some privileged group that comes up with a great idea that's already been working with PZ (Planning & Zoning) and -- I'm just putting it on the record. I'm just wondering how one part of the community can grow, get future tax monies, have great pilot projects, and then from now on until eternity, while we're still suffering. I think it's unfair in the process. I'm questioning the process as a taxpayer, because I've got some great ideas. I've got some great park space and we got some great not -for -profits. How does one group get more tax money than the next? Chair Gort: Thank you, ma'am. Okay, we -- are you for or against it? Elvis Cruz: I'm sorry? Chair Gort: Are you for or against it? Mr. Cruz: I'm for it. Chair Gort: Okay. Mr. Cruz: But just very briefly. Elvis Cruz, 631 Northeast 57th Street. I just wanted to mention, Commissioners, that going back ten or 15 years, a lot of the plantings that currently exist in that underline area were put there by volunteers from Tropical Flower and Tree Society, Palm Society, Tremendous Miami, and it's just my hope that those plantings would be respected, and incorporated into this new design; and also, those volunteer societies are a resource that this group may want to consider if you need some help. Thank you. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Mr. Chair, can I tender an ore tenus motion for a resolution asking the City of Miami, Board of County Commissioners, and/or their administrative department to either designate or co -designate the -- what's the name of that section? It's a rapid --? Ms. Mendez: Rapid Transit Corridor. Commissioner Sarnoff -- the Rapid Transit Corridor as either park space, Parks & Recreation or co -equal Parks & Recreation space. City of Miami Page 84 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 (RE.11) 15-01086a (RE.11) 15-01086b Commissioner Suarez: Second. Chair Gort: Been moved and second Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. And I'd ask that the Clerk transmit that resolution to the Mayor and to the Chairman of the Miami -Dade County Commission. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I'm sorry, I was out doing a television interview, and I figured it would -- the discussion would go longer. Show me as a `yes" vote on the underline for the $1 million. Chair Gort: Okeydoke. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH MIAMI-DADE COUNTY FOR FUNDING OF PHASE ONE OF THE UNDERLINE PROJECT FROM PARK IMPACT FEES ATTRIBUTABLE TO CONSTRUCTION OF BUILDINGS WITHIN FIVE HUNDRED (500) FEET TO THE EAST OF PHASE ONE OF THE UNDERLINE PROJECT IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) PROVIDED THAT SAID FUNDS SHALL BE EXPENDED ON PHASE ONE OF THE UNDERLINE PROJECT WITHIN FOUR (4) YEARS. 15-01086a-Submittal-Meg Daly -The Underline PowerPoint Presentation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0397 Note: Please see File Number 15-01086 for minutes pertaining to File Number 15-01086a. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY TO DESIGNATE OR CODESIGNATE THE PORTIONS OF THE METRORAIL CORRIDOR CURRENTLY BEING DEVELOPED AS THE UNDERLINE AS A PARKS AND RECREATION SPACE; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MAYOR OF MIAMI-DADE COUNTY AND THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY. City of Miami Page 85 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 RE.12 15-01129 District 4- Commissioner Francis Suarez 15-01086b-Submittal-Meg Daly -The Underline PowerPoint Presentation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0398 Note: Please see File Number 15-01086 for minutes pertaining to File Number 15-01086b. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE DE -OBLIGATION OF GRANT FUNDS FROM THE DISTRICT4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM FUNDS, ACCOUNT NO. 00001.98000.882000.0000.00000 FROM THE MIAMI FOUNDATION, INC., IN THE TOTAL AMOUNT OF $50,000.00; ALLOCATING SAID FUNDS TO SUNSHINE FOR ALL, INC. FOR ELDERLY MEALS ASSISTANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01129 Legislation.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-15-0399 Daniel J. Alfonso (City Manager): Okay, RE.12, I believe, is the last item on the -- Commissioner Suarez: Mr. Chair -- Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you. RE.12 is an allocation of Poverty Initiative funds. I've broken them down into three components. One is for education of children in the technology space; the second is for job training programs; and the third is for the elderly, which is the community of our City that cannot in many cases increase their income, and this particular allocation is for meals subsidy. So with that -- this has been a responsible vendor that's been providing meals in my district for many years, so I move RE.12. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. END OF RESOLUTIONS City of Miami Page 86 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 ATTORNEY -CLIENT SESSIONS 2:00 P.M. AC.1 ATTORNEY -CLIENT SESSION 15-01016 Office of the City UNDER THE PARAMETERS OF FLORIDA STATUTES §286.011(8) Attorney [2014]. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-2997 CA21, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, VICE-CHAIRMAN KEON HARDEMON, MARC DAVID SARNOFF, FRANK CAROLLO, AND FRANCIS SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY BARNABY L. MIN; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 15-01016 Memo - Office of the City Attorney.pdf 15-01016 Notice to the Public.pdf DISCUSSED Victoria Mendez (City Attorney): (UNINTELLIGIBLE) under the provisions of Section 286.011(8) Florida Statutes, I requested that this City Commission meet in private to discuss pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15-2997-CA-21, pending in the Circuit Court for the 11 th Judicial Circuit. The City Commission approved my request, and will now at approximately 2 p.m. commence a private attorney -client session under the parameters of Florida Statute 286.011(8). The private attorney -client session will conclude at approximately 3 p.m.; at which time, the regular City Commission will resume. The session will be attended by the members of the City Commission, which include: Chairman Wifredo "Willy" Gort; Commissioners Keon Hardemon, Marc David Sarnoff, Frank Carollo and Francis Suarez; the City Manager, Daniel Alfonso; myself the City Attorney; Deputy City Attorneys John Greco and Barnaby Min; and Assistant City Attorney Kerri McNulty. A certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. Thank you. Todd B. Hannon (City Clerk): And for the record, the meeting stands in recess. City of Miami Page 87 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 AC.2 15-01017 Office of the City Attorney Ms. Mendez: Thank you. Later... Ms. Mendez: (UNINTELLIGIBLE) privilege session has ended. Thank you. Chair Gort: Thank you. ATTORNEY -CLIENT SESSION TO BE WITHDRAWN UNDER THE PARAMETERS OF FLORIDA STATUTES §286.011(8) [2014]. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, ET. AL. v. CITY OF MIAMI, CASE NO. 98-7760 CA27 PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, VICE-CHAIRMAN KEON HARDEMON, MARC DAVID SARNOFF, FRANK CAROLLO, AND FRANCIS SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY BARNABY L. MIN; ASSISTANT CITY ATTORNEYS KEVIN JONES, STEPHANIE PANOFF AND KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 15-01017 Memo - Office of the City Attorney.pdf 15-01017 Notice to the Public.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon END OF ATTORNEY -CLIENT SESSIONS City of Miami Page 88 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 BC.1 15-01094 RESOLUTION BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mike Margulies Mayor Tomas Regalado (term expiring 9/10/2016) Ian Welsch Chair Wifredo (Willy) Gort (unexpired term ending 2/12/2016) 15-01094 Arts CCMemo.pdf 15-01094 Arts Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0372 Chair Gort: I think we should go ahead and go into PZ (Planning & Zoning), unless we can go to the board appointments -- Vice Chair Hardemon: I think -- don't we have to do the boards? Chair Gort: -- real quick. Go ahead for board appointments. Victoria Mendez (City Attorney): I think you have a PZ time certain, maybe? Chair Gort: At 4..30, but we have other ones. Ms. Mendez: Okay. Chair Gort: Board appointments. You can do it in ten seconds. Nicole N. Ewan (Assistant City Clerk): Three minutes. BC.1, Arts & Entertainment Council, Mayor Regalado will be appointing Mike Margulies, and Chair Gort will be appointing Ian Welsch. Chair Gort: Moved by Vice Chairman [sic] Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. All in favor, state it by saying "aye." City of Miami Page 89 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 BC.2 14-00964 The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.3 15-00854 Office of the City Clerk 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 Frank Carollo Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jesse Manzano Commissioner Francis Suarez Alex Cardenas Commission At Large 15-00854 Bayfront CCMemo.pdf 15-00854 Bayfront Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0373 Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust, Commissioner Suarez will be reappointing Jesse Manzano. Commissioner Carollo: I'm sorry, I think there's another one; Alex Cardenas, at -large. City of Miami Page 90 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 BC.4 14-00967 Ms. Ewan: Yes, that is correct, and there is one at -large seat for reappointment, and Commissioner Carollo will be reappointing Alex Cardenas. Chair Gort: Okay. Commissioner Carollo: Move it. Chair Gort: Moved by Commissioner Carollo; second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. BC.5 15-00412 APPOINTEES: 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 15-00412 CEB CCMemo.pdf 15-00412 CEB Current_Board_Members.pdf NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 91 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 NO ACTION TAKEN BC.6 RESOLUTION 15-01095 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 15-01095 CRB CCMemo.pdf 15-01095 CRB Current_Board_Members.pdf 15-01095 CRB Memo and Resumes.pdf NO ACTION TAKEN BC.7 RESOLUTION 15-01096 NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff 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 FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Rosa De Sanchez Chair Wifredo (Willy) Gort 15-01096 CSWCCMemo.pdf 15-01096 CSWCurrent_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0374 Nicole N. Ewan (Assistant City Clerk): BC.7, Commission on the Status of Women, Chair Gort will be appointing Rosa De Sanchez. Vice Chair Hardemon: So move. City of Miami Page 92 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Carollo: Second. Chair Gort: Been moved and second Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.8 RESOLUTION 15-00291 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.9 15-00415 APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 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 Commissioner Francis Suarez IAFF City of Miami Page 93 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 FOP AFSCME 1907 AFSCME 871 15-00415 EOAB CCMemo.pdf 15-00415 EOAB Current_Board_Members.pdf 15-00415 EOAB Resume.pdf NO ACTION TAKEN BC.10 RESOLUTION 15-01098 Office ofthe 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: Fausto Alvarez Chair Wifredo (Willy) Gort 15-01098 Finance CCMemo.pdf 15-01098 Finance Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0375 Nicole N. Ewan (Assistant City Clerk): BC.10, Finance Committee, Chair Gort will be reappointing Fausto Alvarez. Vice Chair Hardemon: So move. Commissioner Carollo: Second. Chair Gort: Been moved and second Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 15-01099 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 94 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 APPOINTEE/CATEGORY: NOMINATED BY: Jonathan Gonzalez (Alternate Member that Qualified Under One of the Categories - Category 8) 15-01099 HEP CCMemo.pdf 15-01099 HEP Current_Board_Members.pdf 15-01099 HEP Applications.pdf 15-01099 HEP Application Summary.pdf Commissioner Francis Suarez Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0376 Nicole N. Ewan (Assistant City Clerk): BC.11, Historic Environmental [sic] & Preservation Board, Commissioner Suarez will be appointing Jonathan Gonzalez as an alternate member who qualified as an architect. Commissioner Carollo: Move it. Vice Chair Hardemon: Second. Chair Gort: Been moved by Commissioner Carollo; second by Vice Chairman Hardemon. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.12 RESOLUTION 15-00418 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Fuentes Mayor Tomas Regalado Barry Johnson Mayor Tomas Regalado Armando Rodriguez Mayor Tomas Regalado 15-00418 MIC CCMemo.pdf 15-00418 MIC Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 95 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0377 Nicole N. Ewan (Assistant City Clerk): BC 12, Mayors International Council, Mayor Regalado will be reappointing Jose Fuentes, Barry Johnson and Armando Rodriguez. Vice Chair Hardemon: So move. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 15-00586 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 15-00586 MSEACCMemo.pdf 15-00586 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.14 RESOLUTION 15-00420 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER 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 City of Miami Page 96 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 NO ACTION TAKEN BC.15 RESOLUTION 15-01100 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Keon Hardemon 15-01100 PZAB CCMemo.pdf 15-01100 PZAB Current_Board_Members.pdf 15-01100 PZAB Applications.pdf DISCUSSED Vice Chair Hardemon: BC -- I'm sorry, what are we -- BC.15, I believe I have some choices, don't I? Nicole N. Ewan (Assistant City Clerk): Yes; that's Planning, Zoning & Appeals Board, Commissioner. We do have to notice that five days before the meeting. Vice Chair Hardemon: You have to notice the appointment? Ms. Ewan: Yes, that is correct. Vice Chair Hardemon: Even though they've already applied, yeah? Ms. Ewan: That is correct, per the section of the Code. Vice Chair Hardemon: Okay, no problem. Ms. Ewan: Okay. Thank you. That concludes the boards, Chair. Thank you. Chair Gort: Thank you very much. Record time. Commissioner Suarez: That was quick. Wow. Making you look bad, Todd. BC.16 RESOLUTION 15-00588 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon City of Miami Page 97 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 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 15-01101 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.18 15-01102 Office of the City Clerk APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Frank Carollo 15-01101 VKBPT CCMemo.pdf 15-01101 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: William Kearney Mayor Tomas Regalado Steven Wernick Commissioner Francis Suarez 15-01102 WAB CCMemo.pdf 15-01102 WAB Current_Board_Members.pdf City of Miami Page 98 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0378 Nicole N. Ewan (Assistant City Clerk): BC.18, Waterfront Advisory Board, Mayor Regalado will be reappointing William Kearney and Commissioner Suarez will be reappointing Steven Wernick. Vice Chair Hardemon: So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Vice Chairman Hardemon; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 DISCUSSION ITEM 15-00726 City Commission STATUS OF HIRING POLICE OFFICERS. NO ACTION TAKEN DI.2 DISCUSSION ITEM 15-01022 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED 2015 STRATEGIC PLAN UPDATE. 15-01022 Summary Form.pdf 15-01022 Strategic Plan.pdf NO ACTION TAKEN DI.3 DISCUSSION ITEM 15-01049 District 2- UPDATE ON KENNEDY PARK BATHROOMS AND FOUNTAINS. Commissioner Marc David Sarnoff 15-01049 E-Mail - Discussion Item.pdf DI.4 15-01050 NO ACTION TAKEN DISCUSSION ITEM City of Miami Page 99 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 District2- UPDATE ON D2 CITY PARK REMEDIATION: BILLIE ROLLE PARK AND Commissioner Marc DOUGLAS PARK. David Sarnoff DI.5 15-01038 District 4- Commissioner Francis Suarez DI.6 15-01155 15-01050 E-Mail - Discussion Item.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING IMPACT FEES AND INCLUSION OF MOBILITY AND TRANSPORTATION AS FEE CATEGORY. 15-01038 E-Mail - Discussion Item.pdf NO ACTION TAKEN DISCUSSION ITEM District2- DISCUSSION REGARDING FUTURE FUNDING FOR THE UNDERLINE Commissioner Marc PROJECT. David Sarnoff DI.7 15-01162 15-01155 E-Mail - Discussion Item.pdf 15-01155-Submittal-Meg Daly -The Underline PowerPoint Presentation.pdf DISCUSSED Note: Please see item RE.11 for minutes pertaining to item DI.6 DISCUSSION ITEM District 3- DISCUSSION REGARDING A TRANSPORTATION IMPACT FEE BENEFIT Commissioner Frank DISTRICT WHICH BOUNDARY IS IDENTICAL TO THE BOUNDARY OF THE Carollo CITY. 15-01162 E-Mail -Discussion Item.pdf DEFERRED Note for the Record: Item DI.7 was deferred to the September 24, 2015, Planning and Zoning Commission Meeting. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Planning & Zoning. Commissioner Suarez: In a good way. Daniel J. Alfonso (City Manager): Okay, so we'll do Planning & Zoning? All right. Victoria Mendez (City Attorney): We will now begin the Planning & Zoning items and state the procedures to be followed for this portion of the meeting. Planning & Zoning shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ (Planning & Zoning) item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, City of Miami Page 100 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute Section 286.011(5) and Section 7.1.4 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard for applications requiring City Commission approval. The applicants will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the public wishes to speak for or against the item, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have, and the public may speak, as stated before. The order of presentation shall also be described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Thank you, ma'am. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on 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 very much. Francisco, we have a time certain at 4:30, so we'll not be hearing that until 4:30. Francisco Garcia (Director, Office of Planning): That is correct. Chair Gort: You got any deferrals? Mr. Garcia: We do, sir. We are aware of one at present, and I believe the appellant is here to speak on it himself. This would be on item PZ.7, which is an appeal of a Historic & Environmental Preservation Board decision for a property located at 3985 Loquat Avenue, and I believe the appellant seeks a continuance to a date certain of October 22, which is the Planning & Zoning meeting of the month of October. We are recommending approval, sir. Chair Gort: Okay. There's a request for deferral till October 2 [sic] meeting. Commissioner Suarez: Move it. Chair Gort: Been moved by Commissioner Suarez. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. All in favor, state it -- anyone in the public would like to address this issue? Seeing none, hearing none, all in favor, state it by saying "aye." City of Miami Page 101 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 The Commission (Collectively): Aye. Mr. Garcia: Thank you, sir. Those are all the continuance requests that we are aware of at present. Chair Gort: Okay. Later... Chair Gort: Next. Francisco. Francisco Garcia (Director, Planning & Zoning): Yes, sir, one moment. Chair Gort: She -- I think we have to swear in some people. We got new people coming in. Mr. Hannon: Excuse me, ladies and gentlemen. If you would be speaking on items PZ.1, 2 and 3, may I please have you stand and raise your right hand if you have not taken the oath yet? 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, sir. PZ.1 ORDINANCE 15-00354ct First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO §163.3184, FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP WITHIN THE FUTURE LAND USE ELEMENT AND THE 2020 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1, TO ESTABLISH THE MIAMI RIVER RESIDENTIAL DENSITY INCREASE AREA OVERLAY PERMITTING UP TO 400 DWELLING UNITS PER ACRE, AN AREA GENERALLY BOUNDED BY SOUTHWEST 5TH STREET AND THE MIAMI RIVER ON THE NORTH, THE METRO RAIL ON THE EAST, SOUTHWEST 3RDAVENUE ON THE WEST AND SOUTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WHILE MAINTAINING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00354ct FR Fact Sheet.pdf 15-00354ct Analysis, Maps, PZAB Reso & Supporting Docs.pdf 15-00354ct Legislation (v2).pdf 15-00354ct Exhibit.pdf 15-00354ct-Submittal-Melissa Tapanes-Presentation for Miami River SAP - Copy.pdf 15-00354ct-Submittal-Bret Bibeau-Recommendation to approve Miami River SAP with conditions.' City of Miami Page 102 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 LOCATION: Miami River Residential Density Increase Area; generally bounded by SW 5th Street and the Miami River on the north, the Metro Rail on the east, SW 3rd Avenue on the west and SW 7th Street on the south [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 11-0. PURPOSE: This will amend policies of the "Interpretation of the 2020 Future Land Use Map" and "The 2020 Future Land Use Map Series" of the City's Comprehensive Plan to establish the Miami River -Residential Density Increase Area permitting up to 400 dwelling units per acre. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Francisco. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Briefly, by way of introduction -- and I know that the applicants have a detailed presentation to make -- 171 simply say that these are companion items, PZ.1, PZ.2 and PZ.3, which are, correspondingly, the comprehensive plan change needed, the Miami River Special Area Plan itself, as well as the development agreement for a project to be known as "Miami River Special Area Plan." 1'll give you approximately the location of the project. It is located in the -- approximately 10 acres of land between Southwest 7th Street to the south, Southwest 2nd Avenue to the east, Southwest 3rd Avenue to the west; and it includes the eastern portion of the Jose Marti Park, where there would be some improvements as well, and the other boundary happens to be the Miami River. It is, as proposed, a mixed use project, consisting of various phases, which include, among others, four towers between 58 and 60 stories, approximately 4,181, 000 square feet, including residential units, 1,678 of them lodging units, 330 of them, and 66,541 square feet of office space. Again, there are other details, including a marina, boat slips, et cetera. This is in land that is presently mostly vacant and in great need of redevelopment. Our staff is recommending approval. The Planning & Zoning Board and all the other lower boards have also reviewed it and recommended approval. 171 defer to the applicants for a presentation, and then I'll be happy to answer any questions you may have. Thank you. Chair Gort: Thank you. The public hearing will be opened for 1, 2 and 3; PH.1 [sic], PH.2 [sic], and PH3[sic]. Yes, ma'am, you're recognized. Melissa Tapanes: Good afternoon. My name is Melissa Tapanes, with the law firm of Bercow Radell & Fernandez, for the record, 200 South Biscayne Boulevard, Miami. I have the pleasure to represent CG Miami River, LLC (Limited Liability Company), the owner of 6.2 acres of land located between the Miami River and Southwest 7th Street, Southwest 2nd and 3rd Avenues, just east of 1-95 and Jose Marti Park, and across the Miami River from the City's MRC (Miami Riverside Center) administrative building. Along with our co -applicant, the City of Miami, we're proud to present to you the Miami River Special Area Plan you can see in the model before you. This is a billion -dollar investment into the City's Central Business District and Empowerment Zone, and it is the product of a true public/private partnership with the City of Miami and its City of Miami Page 103 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 many stakeholders, including the Miami River Commission and the Little Havana Neighborhood Associations. This SAP (Special Area Plan) will transform the Miami River's urban environment into a dynamic, sustainable and safe mixed use destination that will connect the energy of downtown and Brickell to the cultural richness of Little Havana. We're joined today by the principal, Ari Pearl; Kobi Karp, our project architect; George Puig, our landscape architects; Raymond Jungles, our landscape designer; Adrian Dukowsky, our traffic engineer; Nick Zwemer, with Coastal Systems, our marine engineer; and my colleagues, Jeff Bercow and Carli Koshal. In light of today's agenda, I'll keep our presentation abbreviated. We have had comprehensive outreach efforts with the many neighborhood groups. It's consisted over a couple dozen public meetings that are listed before you with the appropriate dates, stemming back to May of 2014. As Mr. Garcia mentioned, there are three items before you. The first is a land use plan amendment, and the goal here is to establish a new residential density increase area that will allow four towers to be constructed there today as of right, up to 60 stories, but the goal of the residential density increase area is to provide for the appropriate mixed use balance of residential to complement what is already permitted as of right; office, retail, and hotels. The goal is to create a truly sustainable neighborhood. Approval of this residential density increase area will provide a sound transition between what is in the downtown and Brickell, 1,500 units per acre, to what is to the south of the Little Havana, providing for 200 units per acre. The residential density increase area also serves to decrease the impacts on infrastructure; for example, traffic is significantly reduced, and you can see before you the net reduction in trips. We have -- had been reviewed by the City, as well as the City's outside traffic engineering consultant, and received a sufficiency letter. Approval of the residential density increase area will also reduce the impacts on water and sewer capacity. Those numbers are before you. We have vested the complete build out of the property for purposes of school concurrency by Miami -Dade County Public Schools. That is before you as well. The second item is the special area plan, and this consists of both the regulating plan and a development agreement. You can see before you what is the SAP. It consists of 6.2 acres of privately owned land that will be developed in five phases with four towers and a retail and entertainment destination along the Miami River, as well as four acres of City -owned lands, which will be improved by streetscapes, landscape, hardscapes, and a public river walk. You'll note that the river walk in Jose Marti Park is included with the SAP but is not -- does not count towards our calculations of density or open space. You'll note also in this plan that many of what today is privately owned land will become public as a public river walk, a new shared street, in between 2nd and 3rdAvenues, as well as new public open spaces with public art. In green, you'll see our robust $21 million public benefit bonus program. You can also see that there is a regulating plan that serves as the project's land development regulations that -- and binds the property to development of this plan before you. This project design is the culmination of thousands of hours by a world -renown design team led by Kobi Karp, in collaboration with your City of Miami Planning & Zoning staff, Roman Williams, Kimley Horn, and Raymond Jungles. We are also -- as part of the SAP, we are bound to a development agreement. This binds the property to the rights and responsibilities of developing in accordance with this plan. In it, we also covenant to a $21 million public benefit bonus program that is basically because of as -of -right bonuses that allows us to contribute our as -of -right, per square foot bonus to the surrounding area. You can see before you our five phase plan. It is something that has been reviewed by your City's Capital Improvement Programs and is the subject of an exhibit in the development agreement. The bottom line is that this is a billion -dollar project. The hard construction costs associated are estimated to be $925 million. You have impact fees estimated at over $24 million. This SAP will not only benefit the neighborhood but also the City coffers as well, in light of today's budget hearings. Today, this project generates about $520,000 in ad valorem taxes at build out. We will increase that number by 99 percent, and it will generate over $41 million per year on an annual recurring basis. In conclusion, we respectfully request your approval at first hearing of these three items, consistent with the recommendations of the Miami River Commission, the Urban Design Review Board, the Planning Zoning Appeals Board, and your professional staff. We received overwhelming support from the community. Some folks are here today to speak. We ask that all testimony, data and analysis that has been submitted into the record be incorporated by reference into this agenda City of Miami Page 104 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 item. Our entire team is available for questions, and we respectfully request time for rebuttal. Thank you. Chair Gort: Thank you, ma'am. Yes, sir. Todd B. Hannon (City Clerk): First three speakers for items -- PZ items 1, 2 and 3 -- PZ items 1, 2 and 3: Horacio Stuart Aguirre, Jean Theede, and Renita Holmes. Horacio Stuart Aguirre: Chairman Gort, City Commissioners. Horacio Stuart Aguirre, as chairman of the Miami River Commission, offices at 1406 Northwest 7th Street. With me here is managing director of the River Commission, Mr. Brett Bibeau. Mr. Bibeau will read a letter from the Miami River Commission to the Commissioners to you. It's been mailed to you. My remarks will be brief. This is perhaps the most exciting project the Miami River Commission has reviewed in terms of residential development in the last 10 years. This project is breezy, it's airy, it's light, it's uncongested, unlike most of the projects that you see here that appear to be nothing but 82-storybrick dominos. This one is styled. It has architectural styling in a way that gives you the impression from almost every angle that there is more sky light going through the buildings, in between buildings than there actually is building and structure. I think it's very exciting that the money from the development is coming back to a renaissance for Jose Marti Park. Unlike most projects where all the money goes somewhere else, this money is actually staying right in the neighborhood. I commend the City of Miami for being a co -applicant and for Kevin, from Parks & Rec (Recreation), and from the CIP. And for Danny Alfonso and for Francisco, you put together a great package for Jose Marti Park, which will be a great contribution to the neighborhood. Yep, Kevin did it, and congratulations to Kevin, so Kevin, pay attention. There he is. Kevin, that you, boy. All right, so City Commissioners, I strongly support this as an individual, but more importantly, as Commission chairman for the Miami River Commission. Thank you, sir. Chair Gort: Thank you. Next. Brett Bibeau: Brett Bibeau, managing director of the Miami River Commission, with offices located a 1407 Northwest 7th Street. Good afternoon, honorable City Commission. The Miami River Commission adopted a resolution on October 6, 2014, finding the Miami River mixed use development plan, as was presented, to be consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, subject to the following three conditions: Number one, consistent with the current draft development agreements, Exhibit "G, " utilize the public benefit funding within this high density developments impacted area, the Miami River District; number two, should latitude on the river fail to fund and construct the small approved public river walk section connecting latitude on the rivers, public river walk with the recently enhanced public river walk beneath the southeast side of the 2ndAvenue Bridge, then utilize a portion of this available Miami River public benefit funding for this important and needed public river walk connector, which we consider Plan "B." The Miami River Commission appreciates the City of Miami latitude on the river andNeo Vertika's recent mutual efforts to bring Plan "A" to fruition, constructing the aforementioned needed public river walk connector without using the Miami River SAP public benefit funding. Number three, utilize the phase one, 5.5 million of public benefit funding into a trust or bond to be used to construct the public river walk if the riverfront phase two is not constructed. The intent of this condition, established on October 6, 2014, is addressed in the following subsequent addition inserted into the draft development agreement. Prior to the issuance of the temporary certificate of occupancy for phase one, the developer shall record a notice of commencement and commence construction of a public river walk on phase two of the property. Please note, the specifics of the proposed Jose Marti Park improvements were again presented at the Miami River Commission's July 3, 2015 public meeting, and the Miami River Commission again recommended approval at that time. I sincerely appreciate the City of Miami and private sector's excellent development team for bringing this wonderful mixed use development and significant public benefit investment to the Miami River City of Miami Page 105 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 District. Your time and support for the Miami River District are appreciated. Thank you. Chair Gort: Thank you. Next. Yes, ma'am. Ms. Theede: My mind is blown. This project should be the gold standard for the City of Miami all over the City of Miami. It is absolutely magnificent. Chair Gort: Your name and address. Ms. Theede: And I live a block from there, and I'm going to sell my property and go live there. Chair Gort: Name and address. Ms. Theede: 150 Southwest 7th Street. I'm really, really pleased, because we have needed something that continues to make Miami alive. And pardon me, but my ancestors fought for this country, and the preamble of our constitution states, This government is responsible for the security of our borders against foreign invasion. "That's the first sentence. And the second sentence says, "The government shall be responsible for the welfare of the people. Therefore, any level of government should take into consideration what the people have to endure. "And I think this is something that is absolutely incredibly beautiful. And I'm so happy that they're building, because, like I said, I'm 86 now. There's going to come a time when I can't take care of all the property I got, and I want a nice place to live. Thank you so very much. Chair Gort: Thank you. Next. Renita Holmes: Madam Renita Holmes, at 350 Northwest 4th Street. In -- continuing in interest of the building of the river, which is four blocks east of me, and what's been there several years, and understanding that the Planning & Zoning now has vital importance, I'm just concerned about the other impacts. And I like when people say `public benefits, " but -- and comprehensive outreach. I haven't heard much from anyone. I've been visiting, and I'd like to thank the City Manager, and I thank Mr. Garcia when I'm there, but getting this board and this committee to follow up. Mr. Chair, you shook my hand and said they would. I'm very diligent, as you can see. I like that, but there are some factors here about this river, from my perspective. I can't see. That's not always important. But when you see the intense traffic that's coming, and the issue we just had, the same thing with the Miami 21, and I think about my kids that live across the block. Some of them still come to Overtown in the park. A lot of them -- because that's where there is some affordable housing. I'm wondering what the real public benefit is, when I see the (UNINTELLIGIBLE) is going have an impact, but recognizing that since we started redoing the river, we've got rats, women's underwear, and other type of foul things I won't mention still coming into the river. There's a concern about climate, and I even see the fish in the river have changed; the smell along the river has changed. So as we increase density, as we increase traffic, I'd like to know how comprehensive is it -- and the information, how available and accessible is the information on how it's changing the environment. You know, there was something about neighborhood plan, not just the neighborhood abutted or encroached or -- that may be susceptible to some other things. I think it takes a lot more, and coming to the Planning & Zoning to give people several use rights when the rest of us have no real comprehensive understanding, input, it's becoming to be that used car sale kind of pitch when it comes to building along the river, but my biggest concern is that, environmentally, are we able to withstand that type of density, that type of height and all of that? We have to have some other questions answered as the neighbors and as the current taxpayers, and I have not had that presentation addressed. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Next three speakers: Adrian Madriz, Barbara Rodriguez, and Arva Jain. City of Miami Page 106 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Adrian Madriz: Hello. My name is Adrian Madriz. I live at 1841 Northwest 1st Court, Miami, Florida 33136. This is a very large development that's going to be happening on the river, and I heard in the presentation a lot of wonderful things about how it's going to look and all of the amenities it's going to offer, but I'm very concerned at how it is this project is going to affect the affordability of the surrounding area, and I would like to know what the developer is planning to do to preserve affordability; and also to expand the amount of affordable housing stock, especially considering that there are over 70,000 people on the public housing waiting list, and probably a considerable amount more than that that are actually in need of affordable housing in the City of Miami. And so, yes, it's great that yet another luxury set of condos are being built, and it's great that we're using our incredibly valuable public resources on waterfront properties to build even more luxury condominiums. But when are we going to actually start using the profits, using the tax revenues from these kinds of projects to actually benefit the community that has been waiting and waiting for the longest for solutions to the very basic problems that they are still facing, problems like rats and roaches in their buildings that aren't even approaching luxury? When are we going to try to resolve those issues, and when are we going to address those problems? I'm hoping that with the 42 million I think I heard in the presentation that's going to be raised in tax revenue from this project that we'll actually see some of that revenue going towards that cause. But it would be even better if this project were to somehow allow for the creation of affordable housing on its property, or if it were to have some kind of workforce housing including as part of the project. It certainly seems to be generating the amount of money that would justify being able to build those kinds of developments. So I just want to make sure that we are actually going to do that. Yes. Chair Gort: Thank you, sir. Mr. Madriz: Thank you. Chair Gort: Thank you. Next. Barbara Rodriguez: Good afternoon. Barbara Rodriguez, 411 Southwest 9th Street, Miami, 33130. Mr. Chair, members of the Commission, I am a resident -- or I live about four blocks away from the actual development. I live by -- on 4th Avenue and 9th Street. I've been to several of the outreach meetings, so I can attest that the developer and their -- the law firm they've retained has done public outreach. I've seen some presentations of what they're doing for public infrastructure as it relates to Jose Marti Park. It is extremely exciting. The developer's willing to invest dollars to Jose Marti Park, and if you're familiar with the area, there are very few parks that could -- that residents in the City of Miami can -- in that area can attest to. We have a small park close to me, which is Triangle Park. It's very small. Other than that, there's nowhere where children and families can go on a Sunday. The exciting part of this, apart from the park, is the river walk on -- Miami's become a very running community, and I see members of the Brickell Running Club running through there into Jose Marti Park. Other than that, the road infrastructure. They're doing some major road improvements in the surrounding area. And if you knew what was there before, there were some abandoned homes in the surrounding area that brought a lot of homelessness; there was a lot of trashing of the back streets, and they're going to revitalize the area. And I think the park is going to not only service the members of the City of -- all of City of Miami, of course, but not only Brickell, but Little Havana, which is going to bring our community together, per se, andl respectfully request the approval ofPZ.1, 2 and 3. Thank you, and have a great day. Chair Gort: Thank you. Next. Arva Jain: Hello, Chairman, Commissioners. Arva Jain. I live at 720 Northeast 69th Street, Miami, Florida. I'm here to speak on behalf of the project, in support of the project. First, it's a beautiful project, and to the community that spoke of some of the concerns, and those are City of Miami Page 107 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 concerns I think the Commissioners have to address on an ongoing basis. I can say that. I want to commend not just the design, but the outreach that the developer did, and the way the City worked together to make sure that the public benefits stayed in the community. I think you guys set the bar on what should be asked of more developers to do, so I thank you for that. This is one reason -- the thought of this project being in the neighborhood is one reason why I bought in the neighborhood. I think that, you know, if people really understood and looked at the public benefits program, I think that they would be surprised how much of it is staying in the neighborhood, even down to providing security in the park, which I think is a very big issue for those of us that live and reside there. I was there at some of the outreach meetings with Marta and some other people, and I can tell you that good things came out of it. To Marta and the people in Little Havana, I think your time spent was -- shows in the work, and so I thank, again, the developer for doing such a good job. And I'm -- I hope that you guys can break ground soon. Thank you. Chair Gort: Thank you. Next. Nicole N. Ewan (Assistant City Clerk): Chair, the last two speakers I have signed up for PZ.1, 2 and 3 are Martha Zayas and Meg Daly. Marta Zayas: Hi. Thank you. I will say that I'm very appreciative for the outreach that has been done to the community in many occasions, and the open communication. Whether my personal opinion is that we should try to keep the river in a more downscaled and quaint as possible is one thing, but understanding that we have what we have, I do want to say that part of the proposal has been to try to give the area of Little Havana more parks; and the developer, as part of the benefits package, is willing to help make that happen. Not only improve Jose Marti Park, but also they're very willing to help, and collaboratively, with the City and our Commissioners to perhaps try and identifir some of those abandoned homes that we could perhaps turn into mini parks for the residents of the area. So I would like to have that be one of our focuses, and then we can continue to work together to try to help find affordable housing in the area of Little Havana and develop alongside of the luxury buildings some affordable housing. Thank you. Chair Gort: Thank you, ma'am. Meg Daly: My name is Meg Daly, 1004 Cotorro Avenue. I'm really coming to speak on behalf of the Vision. I showed you all a map earlier, a map of connectivity. And I want to commend the Miami River Commission on creating a river walk as we build along our riverfront. The reason I'm excited about opportunities of connectivity whereas the river walk is built out, as the underline it's created, as Ludlum Trail goes into place, is you have a core urban vision of walking and biking. The other thing is I think this development embraces people first. This vision is the basis of livable, sustainable development, which we need to focus on moving forward. Thank you. Chair Gort: Thank you, ma'am. Mr. Mayor. Mayor Tomas Regalado: Mr. Chairman, Commissioners, I'm just -- want to join in the support of this project. A year and a half ago, they filmed sort of a documentary on the site that this project was planned, and we were trying to get a good angle so we don't show blight. At the time we couldn't, so this is what's the neighborhood will see in the future, and the most important thing is Jose Marti Park. Jose Marti Park has been the park of the poorest of the poor, and we need that support for that park. We need that park to be a Sunday park. We need that park to be an all -day, all-night park, and I want to thank the developers for coming in support of the park. And of course, I'm here to support the project. Thank you. Chair Gort: Thank you, sir. City of Miami Page 108 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Ms. Theede: I got to talk again. Chair Gort: Okay. You (UNINTELLIGIBLE). Ms. Theede: Southwest 2nd Avenue, between 8th Street and 13th Street is purely affordable housing, so we do not need any more affordable housing, because it's hurting the local merchants. Prices there are expensive, and affordable housing cannot afford those expensive prices. And I think that anybody that speaks against this needs -- Chair Gort: Thank you. Ms. Theede: -- to come see. Chair Gort: Thank you. Now close the public hearings and have discussions. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by saying that the project, as it is, it looks beautiful. I mean, the buildings are very beautiful. However, I will tell you that I have a concern with the density. We're talking -- this is going to be an SAP, special area plan, and a special area plan requires at least nine acres. You all have 6.2 acres, and the City is looking to partnering up with you and offer four acres of Jose Marti Park, so I think that that is an incredible and tangible value that the City is actually providing. When we talk about density, let's talk a little bit about density, because in all fairness, it will have an impact on a lot of the residents, not necessarily Brickell, even though it will on Brickell, but also on East Little Havana, which, by the way, as soon as you cross the 1-95 overpass, underpass, you're talking that the majority of the properties are T-4. Am I correct, Mr. Garcia? Mr. Garcia: That is correct, sir. Commissioner Carollo: And these are, what, T-60? Mr. Garcia: The subject properties are presently zoned T-6-36. Commissioner Carollo: T-6-36. And so it's going to be how many stories? Mr. Garcia: T-6-36, as presently zoned, allows 36 stories as of right, but can go up to 60 stories, as well. Commissioner Carollo: And they're thinking of going up to the 60 stories? Mr. Garcia: Fifty-eight, 60 stories, yes, sir. Commissioner Carollo: Right. So again, it's a concern. It's a concern where you have T-4; maybe in the future it'll be T-5, who knows? But the bottom line is it's a big, big, big disparity. When we talk about units, let me do a little comparable. Brickell City Centre, that is a huge project that we all know about; and as a matter of fact -- and I work for a CPA (Certified Public Accountant) firm that has an office on Brickell, 14th and Brickell, very close by there. Ask everybody how the traffic is, how the traffic conditions are. And when I just hint that there might be another project of this magnitude possibly coming, everybody's saying, Wow." And I didn't get into specifics, I didn't talk about it, but everyone's `Another project? Wow, are we actually going to be able to drive to work at all anymore?"With that said, let me give a little comparison. City of Miami Page 109 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Brickell City Centre has 1,400 residential units. This project, once completed, will have 1,678 units. Brickell City Centre has 385 units, hotel rooms. This one, I'm not really sure, because I see 330 hotel rooms, and then I see 330 lodging units. I don't know if it's one and the same or if it's ambiguous in a way where they're going to have 330 lodging units and 330 hotel rooms, and I'm looking at their page 3 of a letter to you, Mr. Garcia, and I'm talking paragraph -- and I don't know if you know which letter I'm speaking about. Mr. Garcia: I can confirm, sir, that the lodging units and hotel units will be one and the same, so a total of 330, sir. Commissioner Carollo: Okay. Because here -- I'll read the sentence, why I'm saying that. "In total, the project will contain approximately 1,678 residential units, 330 lodging units, 66,541 square feet of office space, 330 hotel rooms, and 176,350 square feet of commercial." So that's why it's -- to me, it's a little ambiguous, so I want to verify that the 330 lodging units is the same as the 330 hotel units. Mr. Garcia: On my end, I can state that my understanding is that the 330 lodging units or hotel units are terms -- are two terms that we use interchangeably, are one in the same, but I would like to request the applicant to confirm that. Ms. Tapanes: Confirmed. Commissioner Carollo: Okay, thank you. So, as you could see, I mean, it's a massive project, and it's a concern with going from 150 or 200 units per square acre to 400 units per square acre. You know, it's very dense. And I'll be quite candid with you, and I think if you do a poll out there, you'll be surprised that they may have the same results. I don't know if the City really has the infrastructure for this type of project. Listen, I see it's beautiful. I see the public benefit that you're providing, and I keep hearing `Jose Marti Park, Jose Marti Park, Jose Marti Park." I'm glad finally everyone's looking at Jose Marti Park, because for many years, no one's been looking at Jose Marti Park, or Little Havana, for that matter, but it seems to me like Jose Marti Park will receive $300,000 -- I'm sorry -- yes, $300,000 in phase one. It's until phase four when they really will be receiving a significant amount of money. Now, I'm all in favor of what the Miami River Commission wants, which is that river walk, but then again, I mean, according to their documents, that's a $3.3 million investment on their part, or a public benefit amount on their part. So I have concerns because if we approve this, it's for 30 years, correct? It's a 30-year -- once -- Ms. Tapanes: In the development agreement. Commissioner Carollo: And so, if we give you the additional -- Ms. Tapanes: Yes. Commissioner Carollo: -- per unit per acre -- units per acre, the additional density, it's for 30 years, right? Whatever we approve here on first and second reading is for 30 years? Ms. Tapanes: The development agreement is a 30-year term, yes. Commissioner Carollo: Yet, since it's by phases, no money to -- necessarily have to come to Jose Marti Park for 30 years, 20 years; it depends when they built it, and I guess that's why they're doing it in phases. So, you know, I want to make sure that the record is clear. There is a lot of other concerns that I have written in here, and a lot of issues that I think will need to be addressed. I don't know if today's the right day, and I'll tell you why. I think we're towards the end of our Commission meeting, but at the same time, we got the whole budget hearing, so I don't know if today is the right day to start addressing all these issues, because I think it's going City of Miami Page 110 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 to be a long, long, long meeting. So I'll yield to my colleagues to see their interpretation. Listen, I get it. It's beautiful. This Commission has been very pro -development, and I'm not saying that I haven't been pro -development, but at the same time, it might be a little too much, and that's why I'm showing my concern. And by the way, Commissioner Sarnoff, with regards to Brickell City Centre, I know you mentioned earlier today that we have approved many of these projects, and to a certain degree, you said that, you know, we should provide, you know, some transit relief. It's not only transit relief; it's fire relief you know, paramedics, it's police. You know, we're adding an additional 1.6, plus 3 -- we're close to 2,000 additional units, so you know, it's an issue. And I raise -- especially the traffic issue with regards to Brickell City Centre. So again, I'll yield to what my colleagues would like. It is first reading, but again, should it pass on first reading, there's a lot more details that we need to get into. Chair Gort: You're recognized. Commissioner Suarez: Thank you, Mr. Chairman. First of all, I want to say thank you, so -- sometimes we don't express our gratitude that a company such as yours would decide to invest this amount of money and risk in our city, so we want to thank you for that. Secondly, I would say the density's here, and the density that you can build as of right is significant without any sort of an SAP needed. That's why we have to plan for the future, and that's part of the reason why I've advanced the Transportation Trust Fund, and I thank my colleagues for supporting me on that earlier today, because the density is coming, whether it comes in the form of an SAP, whether it comes in the form of as -of -right projects, whether it comes in the form of a variety of other projects. But the fact of the matter is there's probably not any other city in the world that I can think of that has more contemplated billion -dollar projects in the pipeline than the City of Miami, and I think that's something that is significant about the potential that people see and that the world markets see in our city and the future of our city, so that's a wonderful thing. As for Jose Marti Park, look, I agree that your district -- we've talked about it many times -- is a district that needs more park space. I think we all acknowledge that. I would ask the Manager at the next hearing, though, in terms of capital improvement dollars, I think Jose Marti Park -- there's probably one, two or three top parks that has received the most capital improvements dollars. Maybe Gibson might be behind it. Maybe Grapeland might be behind it. But I can't think of any other park that has received more capital improvement dollars than Jose Marti, because for one, they have a suspended gymnasium, which I think was $12 million, ifI'm not mistaken, and I promise you that none of my parks have $12 million of capital improvement funds. So Jose Marti, as a park, certainly needs, just like every other park in the City of Miami, to be maintained and -- you know, it needs a continuous flow of capital dollars, and I think one of the good things that this project does is begin to think about that. In addition, and I -- it wasn't stated for some reason, and I think -- could have sworn that I was told this before, that this project also is going to generate impact fees? Ms. Tapanes: Of $25 million. Commissioner Suarez: So in addition to the $20 million of public benefit fees that are outlined here, it's going to generate another $25 million in impact fees, a big portion of which go to park acquisition. Ms. Tapanes: Absolutely. Commissioner Suarez: And then $40 million a year in revenue in generation for the City. So look, I understand the density concerns are significant. That's really a pressure that we're feeling all over the City, which is why we have to sort of start thinking about how we're going to alleviate that pressure. Construction is certainly a factor. It's been a factor in Brickell City Centre for sure. But we got to -- we have to start investing in the things that are going to relieve us of that density pressure, which is mass transit and mobility issues. So I commend you. I think you've done a tremendous amount of work. I think the City has done a tremendous amount of City of Miami Page 111 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 work. And I thank, you know, the people who have -- who are behind this project for their belief in the City. Thank you. Ms. Tapanes: Thank you. Commissioner Suarez: I support the project, obviously. Ms. Tapanes: Thanks. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff Thank you, Mr. Chair. First off oftentimes, as Commissioner Suarez says, we just don't thank people who want to develop in our city enough, and first off, thank you for coming to the City Commission, and thank you for providing what I think is a truly unique project that I wish was in District 2. If you want to come over to District 2, I will find a place for you and make sure you can do exactly it is what you want to do. With regard to density, if we're going to become a city and it's going to be based on new urbanistic principles, we put our density very, very close in proximity to our central core, and this is exactly where you put it, but you have it actually in a more unique spot. You're actually on the side of 1-95. You're nestled in to a place which has, essentially, three forms of possible potential mass transit. You have water, you have land, and you have 1-95. So from getting in and getting out, you have a very unique spot, very much akin to District 2 north of the river, which equally will have the same ability that you have. So as I always say to the developers as they continue to build on Brickell, there's north of the river as well and a very unique spot, which has the three modes of trap -- you potentially could have as well. Now, with regard to Brickell City Centre, bear in mind that Brickell City Centre, to offset some of its problems, Commissioner, has five blocks of underground. So five blocks of underground is extremely unique to the City of Miami; candidly, because it's never been done before. Two of those underground units -- or two of those underground levels will be for parking and one will be to take a person all the way from 7th all the way to ll th Street. So that's very unique to Brickell City Centre. Brickell City Centre is going to require new police officers; is going to require new fire officers; is going to require predominantly those two things, because vertical infrastructure is the most efficient way to of delivering services. Now, you might say to yourself: "Well, how am I going to pay for that?" Well, it's pretty simple. Your ad valorem so outstrips your needs that you actually then could become a donor district. District 2 has been a donor district probably since its inception of creating District 2, but you have a unique opportunity now to create a new urbanistic feel and a new urbanistic look in a concept which is called live/work/play, and some people now throw in learn,'because you should consider an opportunity for some sort of a, you know, educational facility there so that people can stay within a mile of where they live to move around. So I would urge you to work with the developer. I would urge you to approve this project. A lot of people have asked, "How did you do so well for your parks? " Well, there's a tradeoff that's called an "impact fee." So if you feel impacted you use your impact fee to lessen the impact that comes about with -- fire has an impact fee, parks has an impact fee. And I've always said and I will continue to say it -- and I'll be in a very unique position in about 90 days to do this -- impact fees should stay where the impact is felt. You should enjoy your impact fees. You have a neighborhood that is growing. Offset that impact, improve your park, improve your fire. I don't think we have a police impact fee, but -- Chair Gort: Yes. Commissioner Sarnoff We do? Commissioner Carollo: Yeah, we do. Chair Gort: Yes. City of Miami Page 112 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Sarnoff We do? Okay. Chair Gort: (UNINTELLIGIBLE). Commissioner Sarnoff I didn't think we had a police impact fee. And we will offset those needs in a vertical manner, and it's good urban planning, so I hope you'll consider this. I think the architecture [sic], Kobi Karp; is he around? Ms. Tapanes: Yes. Commissioner Sarnoff There's Kobi back there. Got to tell you, Kobi: one of your better jobs. I think it's a great, great, great job, and I think your buildings are especially unique and architecturally different. And I think Brickell City Centre might think to itself "Hmm, maybe I should have use Kobi Karp." Just kidding. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. Yes. Commissioner Suarez: Just real quick, and I don't want this discussion to sort of get derailed in any way, shape or form, because this is a -- sort of a tangential discussion. But if you'll notice in the public benefit fees -- and I think the Commissioner made a good argument that the density affects traffic, so you would think that a good portion of the public benefits should go to some sort of a Transportation Trust Fund to alleviate the very thing that it causes. And you'll also notice, if you look at it, that of the $20 million, none of it is going to affordable housing. Commissioner Carollo: That's exactly my point, which, when I hear what the Little Havana issues are and I hear that they want pocket parks, with all due respect, that is not what that area wants. And I could walk door-to-door with you, and I can assure you, what they need is affordable housing, but we're not there yet. Like I said, I wanted to hear from my colleagues. And, actually, I like the suggestion that Commissioner Sarnoff made with regards to working with them. It's coming. I just set the stage with regard to the density. Now, believe me, there's a lot of issues in here that if you actually read through it, there's a lot of issues we need to discuss, but anyways -- Chair Gort: Can you wait for the rest of us? Commissioner Carollo: Yes, absolutely. Commissioner Suarez: Sure. Chair Gort: Thank you. Commissioner Hardemon. Commissioner Carollo: Mr. Chairman, real quick. Chair Gort: Okay. Commissioner Carollo: And remember, when we spoke earlier with regards to public benefits, I'm the one who brought up affordable housing, okay? When we spoke about public benefits and using public benefit dollars, 20 percent off the top for transportation, I said, "Well, wait a second, " because of the affordable housing. I'm the one who brought that up, so don't think that Commissioner Suarez: You didn't forget about it. City of Miami Page 113 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Thank you. Let me tell you, District 2 is a very nice district, but District 1, we have the middle of the river between 12th Avenue and 22ndAvenue, so you're welcome to come in there any time. We'll work with you and the City; make sure we get that done. Let me tell you, one of the things was mentioned in here that we have to be careful with. We are doing to a non -for -profit -- we're doing a building in 9th Street, Northwest and Ist Avenue, and it's a mixed use. We got workforce with market rate, and that's something that maybe you might want to consider, because what happens is, if we increase all the density and the prices go real high, where are the workers are going to be? The other thing is that transportation is -- and traffic is one of the worse problem that we have, but you got a real good thing there. You have the river. We've been talking about taxi. You have water taxi for a while now. We have the -- we are one of the city that have most water that we can provide great transportation to our water system, and we're not using that. I really think that you should consider this in the first reading. In second reading, you can sit down and negotiate some of those things, but I think you heard from the Commissioners -- Ms. Tapanes: Thank you. Chair Gort: -- what we're looking for, and that's my thought. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Real quick, and there might be an opportunity. I heard that one of the projects that was supposedly going to -- on the river in your district may -- Chair Gort: That's why I mention that. Commissioner Carollo: -- hit a foreclosure or is under foreclosure, so there might be an opportunity or future opportunity. Chair Gort: Yes, ma'am. Anything else? Commissioner Carollo: Again, I mentioned some of the things on the record. It's first reading. I really believe, if I start getting into all the details that I have, all the issues that I think we need to address, we will be here for many, many hours. So I cautiously want to make a motion to approve, but there is -- Commissioner Suarez: Second. Commissioner Carollo: -- two readings, so just because I make a motion to approve now doesn't mean that automatically, the second reading, I'm going to approve. Commissioner Suarez: Second. Commissioner Carollo: I just want to make it -- Chair Gort: Thank you. Commissioner Carollo: -- you know, clear, because there's a lot of other issues that we need to address that were not mentioned, and one definite one is affordable and workforce housing that has not been addressed, among others. So that's my motion. Commissioner Suarez: Second. City of Miami Page 114 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Okay, there's a motion by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.1. Commissioner Sarnoff? Chair Gort: Sarnoff. Mr. Hannon: Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.2 ORDINANCE 15-00624ap First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES (444,696 SQUARE FEET) INCLUSIVE OF CITY OF MIAMI OWNED LAND, FOR THE MIAMI RIVER SPECIAL AREA PLAN ("MIAMI RIVER SAP"), A MIXED USE DEVELOPMENT APPROXIMATELY LOCATED WITHIN THE BOUNDARIES OF THE MIAMI RIVER TO THE NORTH, SOUTHWEST 7 STREET TO THE SOUTH, SOUTHWEST 2 AVENUE TO THE EAST, SOUTHWEST 3 AVENUE TO THE WEST, AND THE EASTERN PORTION OF JOSE MARTI PARK, EXTENDING NORTHWEST OF THE MIAMI RIVER AND TERMINATING AT SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED; THE MIAMI RIVER SAP CONSISTS OF A PHASED PROJECT DIVIDED INTO FIVE (5) PARTS WHICH INCLUDES APPROXIMATELY 4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D) APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL USES; E) APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G) A MINIMUM OF 35,964 SQUARE FEET OF CIVIC SPACE; AND H) A MINIMUM OF 15,175 SQUARE FEET OF OPEN SPACE; THE MIAMI RIVER SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS, WHERE A SECTION IS NOT SPECIFICALLY MODIFIED, THE REGULATION AND RESTRICTION OF THE MIAMI 21 CODE APPLY; THE NUMBERS OF FEET STATED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE BY NOT MORE THAN FIVE PERCENT (5%) AT THE TIME OF THE BUILDING PERMIT BUT SHALL NOT EXCEED 4,181,087 SQUARE FEET OF THE DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO RELEASE THE FOLLOWING TWO COVENANTS ON THE PROPERTY WHICH ARE NO LONGER NEEDED: COVENANT RECORDED AT OFFICIAL RECORD BOOK ("ORB") 24997 PAGE 2543, AND AT ORB 24194 PAGE 1806, RESPECTIVELY, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, City of Miami Page 115 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00624ap FR Fact Sheet.pdf 15-00624ap Staff Analysis, Maps & PZAB Reso.pdf 15-00624ap Application & Supporting Docs.pdf 15-00624ap Legislation (v3).pdf 15-00624ap ExhibitA- Exhibit D.pdf 15-00624ap-Submittal-Melissa Tapanes-Presentation for Miami River SAP - Copy.pdf 15-00624ap-Submittal-Bret Bibeau-Recommendation to approve Miami River SAP with conditions. LOCATION: Approximately located within the boundaries of the Miami River to the north, Southwest 7 Street to the south, Southwest 2 Avenue to the east, Southwest 3 Avenue to the west, and the eastern portion of Jose Marti Park, extending Northwest of the Miami River and terminating at Southwest 2 Street, Miami, Florida [Commissioner Frank Carollo - District 3] APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of CG Miami River LLC. Daniel J. Alfonso, City Manager, on behalf of the City of Miami, as co -applicant. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. See supporting documentation. See companion File ID 15-00624da and File ID 15-00354ct. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on June 3, 2015, by a 10-1 vote. PURPOSE: This will allow the area to be Master Planned to allow a greater integration of public improvements and infrastructure and greater flexibility as part of the "Miami River Special Area Plan (SAP)." Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Todd B. Hannon (City Clerk): Is there a motion for PZ.2? Chair Gort: PZ.2. Commissioner Carollo: So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.2. A roll call was taken, the result of which is stated above. City of Miami Page 116 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Mr. Hannon: The item passes on first reading, 5-0. PZ.3 ORDINANCE First Reading 15-00624da AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN CG MIAMI RIVER LLC, APPLICANT ENTITY AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES FOR THE MIAMI RIVER SPECIAL AREA PLAN ("MIAMI RIVER SAP"), A MIXED USE DEVELOPMENT, LOCATED WITHIN THE BOUNDARIES OF THE MIAMI RIVER TO THE NORTH, SOUTHWEST 7 STREET TO THE SOUTH, SOUTHWEST 2 AVENUE TO THE EAST, SOUTHWEST 3 AVENUE TO THE WEST, AND THE EASTERN PORTION OF JOSE MARTI PARK, EXTENDING NORTHWEST OF THE MIAMI RIVER AND TERMINATING AT SOUTHWEST 2 STREET, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED; THE MIAMI RIVER SAP CONSISTS OF A DENSITY INCREASE AREA FROM 200 TO 400 DWELLING UNITS PER ACRE; FOUR (4) TOWERS BETWEEN 58 AND 60 STORIES, APPROXIMATELY 4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D) APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL USES; E) APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G) A MINIMUM OF 35,964 SQUARE FEET OF CIVIC SPACE; AND H) A MINIMUM OF 15,175 SQUARE FEET OF OPEN SPACE; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, AND ANY OTHER USES AUTHORIZED BY THE MIAMI RIVER SAP, AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00624da FR Fact Sheet.pdf 15-00624da Legislation (v2).pdf 15-00624da Exhibit A.pdf 15-00624da Exhibit 1.pdf 15-00624da-Submittal-Melissa Tapanes-Presentation for Miami River SAP.pdf 15-00624da-Submittal-Bret Bibeau-Recommendation to approve Miami River SAP with conditions. LOCATION: Approximately within the boundaries of the Miami River to the north, Southwest 7 Street to the south, Southwest 2 Avenue to the east, Southwest 3 Avenue to the west, and the eastern portion of Jose Marti park, extending Northwest of the Miami River and terminating at Southwest 2 Street [Commissioner Frank Carollo - District 3] APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of CG Miami River, City of Miami Page 117 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 PZ.4 15-00323ct LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to enter into a development agreement for the "Miami River" SAP. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Todd B. Hannon (City Clerk): And last but not least, is there a motion for PZ.3? Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo, second by Commissioner Suarez. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.3. Commissioner Sarnoff? Commissioner Sarnoff I'm sorry; could Mr. Min repeat that? Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 5-0. Melissa Tapanes: Thank you. Chair Gort: Thank you. Let's take five minutes -- five-minute break, and then we'll come back for the budget hearing. ORDINANCE Second Reading City of Miami Page 118 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING AND ADDING SPECIFIC GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE INCLUDING POTABLE WATER, COASTAL MANAGEMENT, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS, AND INTERGOVERNMENTAL COORDINATION ELEMENTS AND INCORPORATING A 20 YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE; AS REQUIRED BY FLORIDA STATUTES, CHAPTER 163.3177(6) (c)3; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00323ct SR Fact Sheet.pdf 15-00323ct PZAB Reso.pdf 15-00323ct Supporting Docs.pdf 15-00323ct Legislation (v3).pdf 15-00323ct Exhibit.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13550 Chair Gort: Okay. PZ.5, I guess, next. Francisco Garcia (Director, Office of Planning): I believe PZ.4 is available, as well, if you'd care to proceed. Items PZ.1 through PZ.3 are time certain at 4:30 -- Chair Gort: Right. Mr. Garcia: -- but PZ.4 is available. Chair Gort: Okay. Mr. Garcia: PZ.4 is before you, Commissioners, on second reading. This is a comp plan amendment. This is for the water supply facility work plan, which is a 20 year water supply facilities requirement, pursuant to the Comprehension Plan of the City of Miami. This has been recommended for approval by all of the lower boards, and your staff recommends approval, as well. I'll be happy to answer any questions if you have any. Chair Gort: Thank you, sir. It's a public hearing. Anyone in the public would like to address PZ.4? Anyone in the public would like to address PZ.4? Seeing none, hearing none, we close the public hearing. Discussions, motions? Commissioner Suarez: Move it. Chair Gort: Moved by Commissioner Suarez. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in City of Miami Page 119 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 favor, state it by saying "aye." Todd B. Hannon (City Clerk): Chair, it is an ordinance. Chair Gort: An ordinance; sorry about that. Second reading. Victoria Mendez (City Attorney): I'm sorry, one moment. This is PZ.4, correct? Chair Gort: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. Yes, sir. Mr. Hannon: Roll call on item PZ.4. Commissioner Sarnoff? Commissioner Sarnoff I'm not going to participate. I need to get off -- oh, wait. I'm your quorum, right? Mr. Hannon: We could table the item and come back to it. Commissioner Sarnoff I don't -- I know that -- yes. Hope that's right. Ms. Mendez: Well, this is the land use one, so it's fine. Commissioner Sarnoff There we go. Chair Gort: Are you staying or --? Commissioner Sarnoff I'm okay. Mr. Hannon: Okay, sir. Chair Gort: You're okay? All right. Commissioner Sarnoff I mean, I was briefed on this before, and it -- did anybody from the public stand up and speak? Mr. Hannon: No, sir. Commissioner Sarnoff. Then I'm okay. Mr. Hannon: Moving on with the roll call for item PZ.4. Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes o second reading, 3-0. Commissioner Sarnoff Portable water, yeah. Chair Gort: Thank you. City of Miami Page 120 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 PZ.5 ORDINANCE Second Reading 14-01075zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01075zt SR Fact Sheet.pdf 14-01075zt PZAB Reso.pdf 14-01075zt Legislation (v5).pdf 14-01075zt-Submittal-Elvis Cruz -Proposed Modified Language.pdf 14-01075zt-Bennet Pumo-Language Recommendation Letters.pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow non -conforming buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration and adaptive uses on existing buildings. Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, 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 PZ.5 was deferred to the November 19, 2015, Planning and Zoning Commission Meeting. Chair Gort: PZ.5. Victoria Mendez (City Attorney): This is for cleanup. Commissioner Sarnoff. Yeah. Francisco Garcia (Director, Office of Planning): Thank you, sir. Item PZ.5 is before you on second reading. This is an amendment to Miami 21, the City's Zoning Ordinance, and this pertains particularly to provisions in Article 7, pertaining to adaptive uses. This is both a clarification and a slight revision of the regulations that pertain to the reuse of existing structures in the City of Miami, and I will describe briefly in summary what the proposed changes entail. The major changes are that we are clarifying and setting forth that properties on - - zoned T3, whether T3-R, T3-L or T3-0, as well as properties zoned T4-R are not eligible for these parking reductions; that is the first issue. And secondly, structures that were a single-family duplex or lodging use are also not eligible for these parking reductions. And lastly, if the subject property is abutting a T3 transect zone, they will also not be eligible for these parking reductions. Other than that, what adaptive use allows us to do through a waiver process - - so this is subject to review and approval administratively -- to protect adjacent properties City of Miami Page 121 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 against potential adverse impacts. A property that is seeking to be reused for a different use can apply for a reduction in parking and keep their grandfathered parking as it exists, without adding any more to it, with a caveat that if there is any expansion to the structure, then that expansion certainly would have to come into compliance with the present requirements. I'll be happy to answer any questions you may have. We are, of course -- I'm sorry -- I should have said recommending approval, as did the Planning, Zoning & Appeal Board. Chair Gort: Okay. Is there anyone in the public would like to address this issue? Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Gentlemen, you've known me for many years. I started going down to the City of Miami Planning Department in the early '80s, and I would speak to the planners, and back then, two of their key fundamental values, as they told me, were: Number one, every property should have all of its parking on site; and number two, single -family -zoned land is sacred ground. Sadly, that is not always the case nowadays, but this ordinance, with the language that I've proposed before you on those yellow sheets has the ability to help further that protection. The language in that proposal is the same that I gave you back in June; nothing has changed. It furthers -- it builds on the protections that the Planning Department has proposed; however, the devil is in the details, and so the Planning Department uses the word, "prior," prior use. I strongly urge you to consider, instead of "prior use, " the word, "originally use." Why? Because many of those buildings were originally built as single-family homes, and therefore, if it was built as an original single-family home, then the protections would kick in. Secondly, at one point during this long process -- and this began back in December of 2014 -- at one point, there was a 500-foot buffer written into the legislation. Sadly, that buffer has been removed. I would urge you to put that 500-foot buffer back into the legislation. So while I have written up what I believe is an excellent piece of legislation, if it's too much for you to absorb at this sitting, please consider those two minor changes; the word, "original" and the 500-foot buffer. Thank you. Chair Gort: Thank you, sir. Yes, sir. Steve Wernick: Good afternoon, Commissioners. Steve Wernick; address, 1 Southeast 3rd Avenue. I'm here this afternoon on behalf of Prime Star, LLC (Limited Liability Company), which is a small property owner in Wynwood, but I also work with a lot of clients that are property owners, small business owners; they're in Little River, Little Haiti, Little Havana, Allapattah; older neighborhoods in the City of Miami. These buildings were built without any required parking. Before 1950, there were no off-street parking requirements for commercial buildings, and even after 1950, a lot of smaller buildings weren't required to have parking. So today, with the current Miami 21 Code, there are -- this is a practical situation, and a lot of this, I would say, are in Commissioner Gort and Commissioner Hardemon's districts primarily. There are folks sitting there, waiting. They don't know what to do, because the buildings have zero parking spaces, which is legal, it was what was required at the time, and they're trying to bring in a tenant, they're trying to revitalize areas that haven't seen much action. This is not about big development. And the current language would require that they have at least one space on site in order to take advantage or keep that historic parking requirement, so it's crucial, practically, for folks to come in, to bring in new cafes or new businesses. This is not -- I'm not talking about single-family neighborhoods. This is in commercial corridors; Northeast 2ndAvenue, North Miami Avenue, other parts where people need this change to fix that glitch, because if you have zero parking spaces, which was required at the time, you would have to tear down portions of the building to provide all of the required parking. So I urge you to pass this on second reading. Thank you. Chair Gort: Thank you. Anyone else? Bennet Pumo: Bennet Pumo, 7327 Northwest Miami Court, Miami; mostly Little River, Lemon City area, and we've been trying to correct this Miami 21 error for a number of -- for almost a City of Miami Page 122 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 year now, and we're there. Everything's in the ordinance, everything's there, the rewrite's there. One thing missing is the three words, "or existing use," because I don't -- we don't need any ambiguous wording there to where somebody can try to work between the lines. It definitively says "or existing use," and they can't complain about it. Thank you. Chair Gort: Thank you, sir. Anyone else? Anyone else? Close the public hearings. Comments from our board members? Yes, sir. Commissioner Sarnoff Mr. Chair -- so, Mr. Garcia, this is something I think that you andI had a pretty good colloquy last time. I'd like to have the same colloquy with you this time, if possible. Through the Chair, is that okay? Chair Gort: Yes, sir. Commissioner Sarnoff So before we had -- I had talked about 500 feet away from a T3 transect zone, and you, I thought, had agreed, or at least swayed by that at the moment, and now it's lying through again. Can you give me your thinking as to why you do not want to protect the T3 neighborhood from -- it's called a "parking spillover"? Mr. Garcia: Thank you, Commissioner. We feel that that protection is in this ordinance. We make specific reference to properties that abut those T3-zoned lands, whether T3-R, T3-L, or T3-0, and those properties which abut T3-zoned properties are not eligible for the adaptive use reduction. Commissioner Sarnoff What is -- so as a term of art, you use the word, "abut." What does "abut" mean in -- the way you're explaining it? Mr. Garcia: `Abut" means one of two things: Either there is a property line that is shared, meaning they actually touch one another; or it happens to be immediately across the street, across the public right-of-way from an adjacent property. Both of those conditions are considered to be abutting conditions. Commissioner Sarnoff So I know the one I'm thinking of obviously, is Biscayne Boulevard. You're suggesting -- and to my surprise, on a couple of my walks, I've seen people park in Morningside, they go to Soyka. So if they had some sort of a adaptive reuse, in accordance with your wishes, that would not be allowed, because they would be abutting Morningside; am I wrong on that? Mr. Garcia: In the case of Soyka, I believe the neighborhood immediately to the west of that is Palm Grove. Commissioner Sarnoff Correct. But I thought -- so crossing Biscayne Boulevard, I thought you said immediately across the street. What does "immediately across the street" mean? Mr. Garcia: That is correct. To be honest with you, I am not certain that Soyka is the restaurant on -- close to Biscayne Boulevard, even though possibly not technically right on Biscayne Boulevard, may not be, for that reason, abutting the properties that are, themselves, abutting Morningside. But what I can tell you about this condition -- I know this is your concern and your issue -- is that all of the properties on Biscayne Boulevard, along Biscayne Boulevard, in fact, abut a low -density residential area; and therefore, they would be precluded from having an adaptive use reduction, pursuant to this ordinance. I'd like also, Commissioner, to beg your indulgence in explaining one further detail. The ordinance that exists today and that we can enforce today is more lenient or less restrictive than the one we are proposing now. This clarification actually makes the requirements stricter, and precludes more properties as opposed to less, from obtaining these reductions. City of Miami Page 123 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Sarnoff Right. And so I'm going to take your response to me with regard to Soyka's to be kind of vague, because you're not a hundred percent certain that that would have protected Morningside; though you said it wouldn't have worked as a result of it being Palm Grove; that's what I understood you to say. Mr. Garcia: I'm sorry, that is correct; although most of Palm Grove, I'm not a hundred percent certain, to be honest with you, but I can research it quickly, that all of it is T3 or T4-R, but certainly, most of it is, and I believe that the abutting condition to Soyka's is within that protective realm. Commissioner Sarnoff Okay. Now, I want to visit with you the word, `prior use, " as opposed to "original use." So if I built a home 70 years ago on Biscayne Boulevard and it was a home, and then it gets used for, let's say 40 years, as a law office; ten years as a dentist office, and now, it wants to be a restaurant, what is the prior use? Mr. Garcia: The prior use is the use immediately preceding the one that would benefit from the application. I'll make that clearer, and I'll expound briefly to say that to take a legal nonconforming set of advantages from a property would essentially constitute a taking, and would therefore be challengeable. All we're doing in this ordinance is acknowledging whatever the nonconforming condition is today, and allowing it to continue, if it is legally nonconforming. To take a structure that was originally designed as a single-family residence -- worst case scenario, I suppose -- and has since been converted to an office use, and is therefore grandfathered as an office use, to take that grandfathering status then out and require it to comply with Code requirements above and beyond that which they presently do is, I think, very much subject to challenge. I don't think it could defend that. Commissioner Sarnoff Well, and I -- so let me ask you this, because I don't want to take -- I've done this once before; I think Commissioner Gort will remember this. I don't want to take anybody's right that presently exists; that's not what I'm suggesting. So if I just put in there, anybody whose -- everyone's use as of the date of this passage is grandfathered in, I wouldn't have that issue, right? Mr. Garcia: Can you ask that again? I apologize. Commissioner Sarnoff Yeah. Mr. Garcia: I want to make sure I understand this. Commissioner Sarnoff So let me be -- let me try to be more articulate. If I were to put a paragraph in 7.2.8 that said, `Anyone's use that was nonconforming" -- `Anyone's use, up until the date of the Mayor signing this ordinance, shall be grandfathered, " I wouldn't have a taking argument, correct. Mr. Garcia: That is correct. Commissioner Sarnoff So, all right, I can get around that, but I thought when you and I debated, we were debating over the actual intention of what the structure was built to be, and, you know, candidly, you and I had a great bit of debate with regard to a guy named Heinz' property, and Arvah Janes' property. It was a great visual of what is potentially possible and what is potentially interference, so if we go back to the original use, which is -- let's say it was built as a single-family home -- and I'm not suggesting that -- I'm not suggesting to you that I'm not more modern than I'm sounding, because I think adaptive reuses are cool, funky and sexy. I just don't think a single-family neighborhood should pay the consequence of somebody adaptively reusing a structure that was intended to be a single-family house on what I think is -- City of Miami Page 124 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 and I don't think Miami 21 contemplates -- a very high use, traffic use, car use of people having lunches and dinners, so a restaurant of a kind, or even a drinking establishment. And I'm still struggling with not imposing the 500 feet, grandfathering the use that exists right now, and going back to the original use of the structure. That's -- why should I not do that? Mr. Garcia: As pertains to the 500 feet, the logic behind our recommendation that it be only for abutting properties is -- and we've displayed this image before, and we have it available, should you care to see it again -- if one were to map out that 500 foot protective buffer, vis-a-vis all the eligible properties, you would find that a great many properties in the City would be affected by it, would be within that buffer, and would therefore be precluded from seeking a parking reduction. The effect that has is every one of those properties, as they seek to be reused and bring in a new use would now have to come into compliance with the full requirement of parking spaces mandated by Miami 21, and for many of them, especially in the less well-off areas, that would be a significant hardship. What we would prefer to do is -- and I remind all of you that there is a waiver of permit required. What we would prefer to do is to allow them to at least apply. Those which are not abutting the protected areas -- the single-family residential areas and the duplex residential areas -- to allow them to at least apply to keep the same number of parking spaces; to be able to bring in a new use, without having to come into full compliance with present Code, and then we can -- always taking into consideration the protection against potential adverse impacts as part of the waiver -- we could then decide what the appropriate measure of flexibility is, and therefore, allow many properties to be reused, and some, unfortunately, won't, if, in fact we determine that the impact would be too great. Commissioner Sarnoff So then you would issue a -- it's all right, Mr. Chair? So you would issue a warrant, correct? Mr. Garcia: This would be a waiver, sir. Commissioner Sarnoff A waiver, and that waiver would be subject to public notice? Mr. Garcia: Yes, absolutely -- Commissioner Sarnoff And then that waiver -- Mr. Garcia: -- and to challenge. Commissioner Sarnoff -- and subject to challenge, but it would cost the opposer how much money? Mr. Garcia: The filing for an appeal if you are an abutting property owner is -- actually, there is no fee for that; and if you are a neighborhood association, there is also no fee for an appeal. If you -- Commissioner Sarnoff A homeowners association, there's no fee for that? Mr. Garcia: No fee for homeowners association; no fee for abutting property owners, who would be, one would expect, the most directly impacted parties. Commissioner Sarnoff And to your knowledge and -- what is a City block? What's the number of feet; an ordinary City block? Mr. Garcia: On the long side, a standard City block might be approximately -- I'd say in the realm of 500 feet; and on the short side, typically 200 feet; both dimensions are somewhat malleable, of course. This is premised, just for clarity's sake and for the record, on a block that is ten properties long by two properties deep. City of Miami Page 125 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Sarnoff I'm sorry, I didn't understand that. Mr. Garcia: My calculation, my estimate of 500-by-200 is based on a block that is ten properties long -by -two properties deep, which is a standard condition. Commissioner Sarnoff Okay. Thank you, Mr. Chair. Chair Gort: Yes. I closed the public hearings, but I'll allow you to (UNINTELLIGIBLE). Peter Ehrlich: Could I speak quickly? Chair Gort: Real fast. Mr. Ehrlich: Peter Ehrlich, 720 Northeast 69th Street. I'm speaking in favor of the item legislation. I know it is a little sensitive. To help Commissioner Sarnoff the Soyka, the Soyka Restaurant happens to be on Northeast 4th Court, not on Biscayne Boulevard, so it's two roads away from Morningside. It does have a little bit of buffer. It's on the west side of 4th Court. But the subject restaurant you're referring to, yes, it is -- it definitely had some approvals that are a little bit onerous for the neighbors of Morningside. I think the legislation is good, and maybe if 500 feet isn't a good figure to use, you could use 200 or 250. Thank you very much. Chair Gort: Thank you. Let me tell you, I wish you would have gone with me, Francisco. For the last two months, I been going to neighborhood organizations, and the biggest problem that we have is parking; matter of fact, I had to sit down with the City Manager. I have one place where we had to put all kind of restrictions, because people were walk -- parking all over the sidewalk, all over the place, because there was no space around there. So I understand a long time ago, you had one park -- one -- as stated before, one or two cars per household. Now, unfortunately, you have three or four. And I have a lot of problem in waiving the parking requirement; I really do, because I see all the problems that I have in my neighborhood. So I would like to see the 500 feet, and the process got to be through a warrant, and it's got to be coming to us; am I correct? That's what I would like to see; if not, I'm voting against it. Mr. Garcia: Fair enough, sir. I would then ask the City Attorney to advise whether the change, as proposed, is something that can be done here as part of this proceeding, and what concerns me is the actual change in procedure from waiver to warrant, and does that require a continuance of the item and amendment to present to the City Commission again, or could that be done as part of a --? Ms. Mendez: It's not significant enough to require a reset or having to go back to PZAB (Planning, Zoning & Appeals Board). It's just an addition to the ordinance. I don't see a problem with it. Commissioner Sarnoff Could I make a suggestion to you, Mr. Chair? Maybe you'll share -- Chair Gort: Yes, sir. Commissioner Sarnoff -- what I think. I would change the word `prior" to "original." I would then put "Any use then existing at the time the Mayor signs this particular ordinance shall be grandfathered, " and I would maintain the 500 feet, and I would -- that would be my motion, and maybe somebody would second that. Chair Gort: So I'll take it -- Ms. Mendez: Grandfathered as to parking? Can we grandfather it as to parking? Because City of Miami Page 126 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 "grandfathered," I don't want some big -- Commissioner Sarnoff Yeah, grandfathered concerning the parking. I don't want to take somebody's existing use away from them. Chair Gort: Right. Commissioner Sarnoff I don't mean to sound like a non -modern City planner, but I got to tell you, Francisco, I've watched this in my neighborhood, I've seen it with Cocowalk, I've seen it with -- I've seen it in Elvis Cruz' neighborhood. I have no reason in the world to be helping Elvis Cruz right now, trust me. He's a mean, vicious, villainous man, and I want the record to reflect that, but -- and, of course, that's LOL (laughing out loud), right; lots of laughs. Ms. Mendez: He said that with a smile; let the record reflect that. Commissioner Sarnoff It was, it was, it was. It's going to come out so terribly negative tomorrow when the Herald writes "Elvis" -- no, I'm kidding. So I don't do this because of Elvis, but I -- it's something I've experienced, and I know we're going to go through a transition, because the City is transitioning. I just feel like you're maybe three to five years early on this, and I've seen a lot of complaints on this. And when you see people parking in places that they have no business parking in -- I don't know -- I think that's a loss of quality of life. Chair Gort: You're blocking my driveway. You're on my sidewalk, and you're knocking down my fence. So I don't mind it, the use, but the waiver of parking, I think it's a problem at this time. I've seen it in my neighborhood, and I wish you guys come with me, and I'll take you to the meetings so you can see the response from the people. They're the one that call us all the time with the complaints. We're the one that have to get the police to go out; then get Code Enforcement to go out and enforce it. So -- Mr. Wernick: Mr. Chair, can I make one point that I think may be important for you all to understand? Chair Gort: I'll give you one minute. We closed the public hearing, and you already spoke and Mr. Wernick: If that change -- Chair Gort: Steve, you already spoke, also. Mr. Wernick: Okay, I'm sorry. If change gets made into this ordinance, I know for a fact there are applications either pending or about to be submitted that are allowed under Miami 21 today in Little River in particular that -- where you may be three, four hundred feet away from a T3, but it's an indus -- an old industrial zone where they're trying to bring in other commercial uses, where they would be allowed to continue to have one or two required parking spaces, and they now, by this change, would not be able to move forward with that application. So I think if that's the change you're going to make, I would suggest that you defer it or continue it, to understand how many prop -- because the grandfathering language would not necessarily protect all of those, and this would create an even more restrictive situation in areas that are really not affecting single-family neighborhoods. Commissioner Suarez: Mr. Chair. Mr. Wernick: I do understand there are certain neighborhoods -- Chair Gort: Look, I don't have any problem deferring this. City of Miami Page 127 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Suarez: Mr. Chair. Chair Gort: Let the -- let him -- the Planning Department come up and look at the different uses in the neighborhoods, because a lot of the ordinance do not apply to all the neighborhoods. There's some neighborhoods, like you saying, that's not residential, but the zoning is residential. That needs to be changed. I think that happens throughout the City. I mean, I been talking to the Planning Department, and we're working, because there's a lot of changes that need to be done throughout the City where uses are no longer conforming with the present use and with the Miami 21, and we need to make some changes on that. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. We have to be able to find -- Mr. Pumo: Can I get my one minute? Excuse me. Commissioner Suarez: Thank you. We have to be able to find a way to unify both issues. I mean, we got to be able to protect the T3, and we cannot possibly do something to negatively impact Little River. I mean, that's an area that is about to grow, you know, by leaps and bounds, and it's going to be another feather in our cap. We cannot do anything that's going to sabotage that. I won't support it, okay? But we have to be able to protect the T3 neighborhoods. I mean, that's something we talked about the other day in the Shenandoah Historic Preservation Summit. There's got to be a way to do it, so I think deferral is probably what makes the most sense until we get this right; but, definitely, we cannot do anything that has an unintended consequence of damaging such a vibrant place like Little River. Commissioner Sarnoff You know, ironically, Mr. Wernick, just so you know, I actually went to Ironside last night. Ironside is a venue in Little River, and let me be disclosing. I was about to park in the neighborhood, and then they had a great parking lot, and I parked in the parking lot, but my instinct was to park in the parking -- was to park in the neighborhood, and it was the wrong instinct, and I could be -- my wife says I could be trained, so, you know, maybe I can be trained. Commissioner Suarez: But that's like we fight against cut -through, and sometimes, we cut through. Commissioner Sarnoff Right. Commissioner Suarez: You know what I mean? So -- Chair Gort: Do I have a motion for deferral? Commissioner Suarez: What's that? Chair Gort: Do I have a motion to continue? Commissioner Sarnoff And then maybe it's as simple as just corning up -- Commissioner Suarez: Motion to defer. Chair Gort: Motion to defer. City of Miami Page 128 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Commissioner Sarnoff I think there -- I think if we -- I think he's right. I think if we sat down and looked at the neighborhoods that we were trying to entice this use in, and looked at the neighborhoods that we were trying to exclude this from, I think we could find some common ground, I really do. Commissioner Suarez: Absolutely. Commissioner Sarnoff I think he's right. Chair Gort: Okay. Mr. Pumo: Real quick. Real -- I don't know. Bennet Pumo. A lot of the -- we have 123 properties that were changed to T5; 123 mom and pop shops. We swing uses all the time. They come and go very quickly. You're stuck on uses. This is a vested right for the building, not for the use. That's the -- that's what this Code is for. It's a vested right that goes with the building to maintain the parking that was there when we built the building for its intended use. I have 123 mom and pops out there that are in T5 that, every time we swing that use, if we have to go to warrant waiver, we will never get a tenant. Thank you. Chair Gort: Thank you, sir. Let me tell you why the use is important. You have a attorney that's using it as an office. The attorney, maybe he'll have five visitors a day or six. This fee is very successful. But if you have a restaurant, you're going to have at least ten to 20 people coming in, which makes a difference in the amount of cars. Thank you. Mr. Garcia: Commissioners, I just wanted to say briefly that I've heard you loud and clear, and I agree that this warrants then a continuance or a deferral. We're happy to come back to you for the meeting in November and perhaps take up the issue again. We'll gladly do that. Chair Gort: I need a second for Commissioner Suarez' motion. Second by Vice Chairman Hardemon. All in favor -- The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And we're moving it to which date? Mr. Garcia: I believe the meeting in the month of November is November -- Mr. Hannon: Oh, no, November 19. Understood. Thank you. Mr. Pumo: Okay. Thank you. Chair Gort: What do you have next? What's next? That's it? Mr. Garcia: I'm sorry, was there a vote? Mr. Hannon: Good to go. Chair Gort: Yes. Mr. Garcia: Fair enough, fair enough. Thank you very much. PZ.6 ORDINANCE 14-01304zt1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE City of Miami Page 129 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-01304zt1 SR Fact Sheet.pdf 14-01304zt1 PZAB Reso.pdf 14-01304zt1 Legislation (v2).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 March 24, 2015, by a vote of 8-0. PURPOSE: This will amend Article 7, Section 7.2.6 "Nonconforming Uses" of the Miami 21 Code to emphasize the intent of the Code by introducing language to clarify that the time extension on nonconforming uses is measured from the time that the Use became nonconforming. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Francisco Garcia (Director, Office of Planning): PZ.6 is before you on first reading. This is an amendment to Miami 21, the Zoning Ordinance, Article 7, Section 726, and this is simply and straightforwardly to clarify that nonconforming uses become nonconforming the moment the regulations change and the characteristic of the use is, itself nonconforming. This serves only to further clarify something that is, we think, already clear in the Zoning Ordinance, which is that the 20-year sunset period attached to nonconforming uses begins to toll at that date in which they first become nonconforming; and just to put it on the record, also to clarify that Miami 21 and the adoption of Miami 21 did not have the effect of resetting the clock for these nonconforming uses. That's all I wanted to say for the record. I'm happy to answer any questions. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor -- Todd B. Hannon (City Clerk): Chair. Chair Gort: Yes, sir. Mr. Hannon: It's an ordinance. Chair Gort: An ordinance. Go ahead. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 130 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Does anyone like to address this issue? Commissioner Suarez: That was like a 4-6-40, by the way; 40-yard dash. Commissioner Sarnoff I think he's looking for an increase in his budget again. Chair Gort: Yes, ma'am. Renita Holmes: Good afternoon, Mr. Chair. Again, just for a point of clarity, in the language -- I'm reading it -- it made a statement in regards to how many years -- well, can -- does this allow -- through the Chair, Madam Attorney, does this language say that you can tear somebody's building down if it does not conform according to -- Victoria Mendez (City Attorney): No. Ms. Holmes: -- the 2010 date that was said upon, is that --? Ms. Mendez: No. It's just that they have to come to the City Commission for any continued use; that it's just not automatic. That's just the -- Ms. Holmes: It's not automatic, but if it's nonconformance within 20 years as of 2010, it can still cause your building to be torn down. Is this -- I mean, you're the attorney. Well, all of you are, actually. Mr. Garcia: I'll clam, ifI may. This pertains to uses; not to structures. So if the structure is still sound of structure -- in other words, it's sustainable and can be occupied safely -- the structure is in no danger of being torn down; however, a use that becomes nonconforming -- and I will give you an example that comes to mind. Adult entertainment facilities which become nonconforming, they have then a 20 year sunset period in which they can amortize their investments, presumably, but after those 20 years, then they would be out of compliance, and they would be expected to close shop. Ms. Holmes: I'm okay with that one. Can you find another one? I mean adult use -- I'm just kidding. I guess it's not quite -- because I see if you're adult use, we don't care too much for adult use, although I see them -- Ms. Mendez: How about a gasoline station in a T3 area? Ms. Holmes: (UNINTELLIGIBLE) yeah, in a T3. Ms. Mendez: A gasoline station. Ms. Holmes: Most -- yeah. Ms. Mendez: That's a good example that something was reset now to T3, and all of a sudden, there's a gasoline station in the middle, you know. They need to come back to ask for an extension of that use, or if not, it's not allowed anymore; that idea. Ms. Holmes: I'm just -- I'm not big on severable uses. I'm not -- rights or stuff like that, but is this about use, or is this really about the rights, the building rights, or the owner's building rights? This is -- Mr. Garcia: Really about uses and not about structures, which I understand to be your concern. Ms. Holmes: Yes, yes. City of Miami Page 131 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Mr. Garcia: So structures can continue to be used. Ms. Holmes: Thank you. Chair Gort: Thankyou. It's an ordinance. Ms. Mendez: I read the ordinance into the record. Mr. Hannon: Chair, would you like to close the public hearing? Chair Gort: Yes, sir. Mr. Hannon: Okay. We will now move on to the roll call for item PZ.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.7 RESOLUTION 15-00795ha A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL, BY LORETO DOUCET, OF TREE REMOVAL PERMIT APPLICATION BD15-006663-001 AT 3985 LOQUAT AVENUE, MIAMI, FLORIDA. 15-00795ha Fact Sheet.pdf 15-00795ha Appeal to City Commission.pdf 15-00795ha Analysis and HEPB Resolution.pdf 15-00795ha Appeal to HEPB.pdf 15-00795ha Application.pdf 15-00795ha Legislation (v2).pdf 15-00795ha Legislation (v3).pdf LOCATION: Approximately 3985 LoquatAvenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Loreto Doucet APPELLANT(S) TO HEPB: Loreto Doucet APPELLANT(S) TO CITY COMMISSION: Santiago D. Echemendia, on behalf of Habitus, LLC. FINDING(S): ENVIRONMENTAL RESOURCES OFFICE: Recommended denial of appeal. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the appeal on July 7, 2015, by a vote of 6-0. PURPOSE: The appeal seeks to reverse the decision of the Historic and Environmental Preservation Board's decision. City of Miami Page 132 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 PZ.8 15-0021 8ha Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo Note for the Record: Item PZ.7 was deferred to the October 22, 2015, Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF A CONTRIBUTING RESOURCE AND NEW CONSTRUCTION OF A SI NGLE-FAMILY HOME AT 713 NORTHWEST7TH STREET ROAD, MIAMI, FLORIDA, WITHIN THE SPRING GARDEN HISTORIC DISTRICT. 15-00218ha Fact Sheet.pdf 15-00218ha Appeal to City Commission.pdf 15-00218ha Analysis and HEPB Reso.pdf 15-00218ha Application & Supporting Documentation.pdf 15-00218ha Legislation (v2).pdf 15-00218ha Legislation (v3).pdf LOCATION: Approximately 713 NW 7th Street Road [Commissioner Keon Hardemon - District 5] APPLICANT(S): Erika Franco, property owner APPELLANT(S): Erika Franco, property owner FINDING(S): DEPARTMENT OF PLANNING AND ZONING: Recommended denial. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Motion to approve failed; thus, constituting a denial on July 7, 2015, by a 3-3 vote. PURPOSE: The appeal seeks to reverse the decision of the Historic and Environmental Preservation Board's decision. Motion by Vice Chair Hardemon, 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 PZ.8 was deferred to the October 22, 2015, Planning and Zoning Commission Meeting. City of Miami Page 133 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Francisco Garcia (Director, Office of Planning): There is one more item before the time certain items, and that would be PZ.8, item PZ.8. This is an appeal of a HEP Board -- that's the Historic & Environmental Preservation Board -- decision to deny of a -- to deny a certificate of appropriateness for the demolition of a structure in the Spring Garden Historic District. The motion of the Historic & Environmental Preservation Board, just to clar the record, was to approve the certificate of appropriateness; however, the vote was 3 to 3, a tie vote, which constitutes a denial. As a result, the application from the applicant to demolish this structure was denied, and it is before you today on appeal. Our recommendation, of course, is to uphold the Historic & Environmental Preservation Board's decision, and we're happy to answer any questions you may have. Chair Gort: Okay. Do we have a --? Todd B. Hannon (City Clerk): Chair, I do have a couple people signed up for this item. Chair Gort: Okay. Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: Whichever is fine. Erika Franco: I have packets. Can I hand them out? Chair Gort: I beg your pardon? Ms. Franco: Packets that I would like -- Chair Gort: Give it to the Clerk. Mr. Garcia: Again, just for clarity's sake -- and I'm sorry, I think I neglected to read into the record the actual address of the property. It happens to be located at 713 Northwest 7th Street Road; once again, in the Spring Garden Historic District. Ms. Franco: Erica Franco; address is 1025 Northwest 11 th Avenue, Miami, Florida, 33136. Is that it, three? On July 7, 2015, I, Erica Franco, went in front of the HEP Board meeting -- HEP Board, requesting demolition of my property at 713 Northwest 7th Street Road, Miami, Florida, 33136. A tie vote of 3 to 3 resulted in a denial of my request. The denial was disheartening, to say the least. The intent of the purchase of this property was to reinvest back into the community and make it my home. I have lived in South Florida area for 16 years. I have seen this area and community transform as time grew, but seen the same community maintains its original historic value and natural intent. This is one of the founding reasons that supported my interest in the purchase of this property, and willingness to reinvest back into the community, personally and financially. I have been currently employed by the City of Miami Fire Department for over ten years, and I'm well equipped with public service experience and understanding of the needs of the community. That experience and understanding reflects the need of public service men and women to also live and invest back into the same community they provide public service to. Approximately a year ago, as my father visited me from Maryland, we passed this home as we walked my three dogs. I -- it gave us vivid memories of vintage homes that made up Northern Maryland, where I was raised up with family, friends, and loved ones. It was an exciting discussion and brought back so many heartful [sic] memories. After his visit, I actively looked into the purchasing of this property to further saturate myself in this community and living closer to the river. During the purchase of the property, the process required a title search, whereby it was documented as an unsafe structure by the City of Miami inspectors due to the electrical inefficiencies, as shown in tab 2 and tab 12. Being a South Floridian and understanding the proneness to hurricane activities to the area prompted me to proactively engage a licensed City of Miami Page 134 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 structural engineer that provided a field assessment of existing structure, as shown in tab 1. This assessment was qualified by a signed and sealed report, suggesting the majority to all inspection activity was recommended to demolish, as the structure is unsafe and clearly inhabitable [sic]. Both licensed professional and qualified inspectors of the City of Miami assessment led me to believe that the structure is inhabitable [sicJ, and would require demolition and new construction. This structure is a two-story wood framed house that was built nearly a hundred years ago. Copious amounts of repairs and replacements needs to be done in order to make this house safe and bring up to current Code. Assessment shows severe insect and water damage. The cost to repair and replace the damages that was caused by normal deterioration and extreme weather conditions of nearly a hundred years has made this renovation cost prohibitive to a working-class citizen looking to invest into a place they want to call their home. Further additive to the renovation costs are due to the previous owner's reckless actions and neglect to get the proper permits and comply with codes, making it impossible to save this structure. There is evident signs and samples of mold in the structure, which support the unsafe structure recommendation, but also suggest the property atmosphere is environmentally unfriendly for any property owner or family to reside. The house has been stripped almost completely. There is no kitchen, no sinks, no light fixtures, no air conditioning. All of the plumbing, electrical, mechanical, windows, doors, roof and metal (UNINTELLIGIBLE) need to be replaced, as per field assessment. The foundation, wood joints, wood members, need replacement and/or repair, as they were found to be inadequate. The house will have to be elevated approximately two feet in order to comply with the FEMA (Federal Emergency Management Agency) Code, as shown in tab 3. It falls under the substantial improvement, 50 percent rule. With all the Code compliance issues and field assessment reports, it seems to get this house up to current Code and consistent with all residential life safety codes, I have to demolish and build a new residence. This properly is not individually designated historic, but it does contribute to the character of the neighborhood, as stated by staff in tab 10. As part of the demolition and rebuilding on the property, I proactively created design renderings of my proposed residential idea to create design features to maintain the historical look and character of the original community, as shown in tab 9. It will look very similar to the existing two-story framed vernacular house, consisting of the single hung windows, asphalt shingle roof but it will be constructed of concrete masonry, covered by painted stucco, to stimulate -- to simulate the horizontal wooden cladding. Building codes and regulations are established within the City of Miami for the protection of residents and property. So much has changed with the building codes of a hundred years ago that I believe it is unreasonable to be forced to save a property that has no historical significance, other than it being more than 50 years old at the time Spring Gardens was declared historic. At the HEP Board meeting, three out of six members agreed that there was no saving this property. Mr. Friedman went on record to say, and I quote, `I actually happened to see this property and am naturally skeptical of anyone who wants to knock down a historic resource, but this is a disaster." He continued to say, and again, quote, "In theory, let's fix it up, and it ain't" -- "but it ain't gonna happen. Being realistic, there's no way to repair. The house is a total loss, and the cost to repair is double the building value." One of the Dade County appraisals, which, if you look in tab 4, one of the Dade County appraisals [sic] earlier this year came to the property, took pictures, and from 2014 that I argued that there was no way for me to fix this under the $40, 000, because, at the time, the house was eight -- worth $80, 000. It is now worth $838. They, as well, came to the home and said that this house is garbage, it's not worth anything. Prior to the hearing, I met with the members of the Spring Gardens Civic Association, and they agreed, if I could meet the burden and showed that it's been demolished by neglect that they would not fight me on the demolition, just as long as I stuck to the plans I presented that were consistent with the look of the original house. Vice Chair Hardemon: May I interrupt for a moment? A lot -- Ms. Franco: May -- oh. Vice Chair Hardemon: I have a question for you, because -- maybe it's for Madam City City of Miami Page 135 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Attorney. I mean, a lot of the things that you're saying, they are, for lack of better terms, it's hearsay for me. I mean, these are third -party statements that are being made, and I'm assuming that you're trying to prove those statements to be true, because we're on appeal from that decision, so we can take in new evidence that's presented before us, so -- Victoria Mendez (City Attorney): It's a novo [sic]. Vice Chair Hardemon: -- right. So part of my -- Victoria Mendez (City Attorney): Hearsay is admissible, but it can't be the only basis for your decision. Vice Chair Hardemon: And so my question to you is, do you have anyone here with you that will test to the facts that you're presenting? Because -- and the reason I'm asking you that, because if not -- and I ask this of my City Attorney -- do we think that it is more appropriate that she -- that this type of item be deferred until she has someone that can test to those facts? Because other than that, I mean, the information that I'm seeing in this packet, I'm seeing emails back and forth; I'm seeing -- I'm hearing the testify that she's providing to me, which, ifI take all those things to be true, it's find, but I'm sure we're going to get a different opinion from Administration. So I want to make sure that the facts are presented in a way that we can actually test those facts and ask questions about this, because the fact that it is a contributing structure -- I'm no preservationist, myself but the fact that it is a contributing structure does cause some concern; it just raises my eyebrows. And so if it raises my eyebrows, I want to make sure that we're making the right decision, one way or the other. And so, when I look at a decision that comes out 3-2, and the Administration is against it, I look at those things, and I say to myself, "Okay, I need to pay more attention to what's going on here, and to know what's going on here -- for instance, the pictures -- I might -- I can show you pictures of my grandmother's house, and I can say this might be in better shape than hers, you know, and so does that mean that it needs to be torn down, or repaired? And that, I don't know, and so that is a layman's perspective on it, but not someone who is an expert on what needs to be redeveloped, what could be redeveloped, what needs to be torn down, what needs to be preserved, and so I don't want to cheat you out of an opportunity to present facts in a way that will give you an opportunity to do what it is that you want to do, or give other parties an opportunity to uphold the ruling that was made at a lower hearing. What do you think? Ms. Mendez: That is a valid point, because right now she's not presenting any evidence that shows that what the board did was improper or -- so she might want -- Vice Chair Hardemon: So, I really want -- I want to help you, because what I'm saying to you is that what you're saying right now isn't evidence to be considered, and so I want you to be able to present evidence to be considered so that I can look at this and say, you know, this decision that was made before was not the right decision or it was the right decision. And, quickly, you may be able to -- you may find yourself in a position where those who oppose you may present evidence and you won't have the ability to combat that evidence, because you haven't presented it in a way that it needs to be presented. Many times, you have to understand that when it's an appeal, it is a real proceeding, and so there are things that we need to consider in that proceeding. So it may be best to take a little bit of time just to ensure that you know exactly what it is that you're supposed to be presenting to us to make sure that the decision that you want comes out the way -- so I want you to have your best shot at doing it, because once we make this decision, it is that decision. I don't want you to believe that we just make decisions one way or the other. You know, we really do test the evidence. And when you're sitting here with -- it's three of us here, and you have two lawyers, and all it takes is one of us not to agree on how the evidence was presented, and you find yourself in a position where you have my good friend, Chairman Gort, and Chairman Gort says, Well, I don't know where to go, because the two lawyers disagree on this legal matter," because he usually pays us a little bit of deference to City of Miami Page 136 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 that. So I just really want you to have a real opportunity, because I think this is important. This is going to mean a lot, not only to your home, but to the Spring Garden community. I live right near it. So I think it's important that we take our time to get this right. You're recognized. Mr. Garcia: Sir, perhaps to assist as well, and I think that is sound advice. I would like to share with the Commission and with the appellant that we, the City, do have competent and substantial evidence to support our position, which we are ready to present. And although, certainly our standard is clear that we are here to support the HEP Board's decision, we are also certainly happy to meet with the appellant and share with her our competent and substantial evidence so that she knows what the standards that she has to prepare against are in full disclosure and full candor. So, perhaps, a continuance is worth considering at this point in time. Ms. Franco: Right. Commissioner Sarnoff I think -- Chair Gort: Commissioner. Commissioner Sarnoff Can I give you my interpretation? Ms. Franco: Yes. Commissioner Sarnoff Come back with an engineer; let him test fy in front of us so that we have competent and substantial evidence, and we'll do this all over again. Ms. Franco: Okay. Commissioner Sarnoff And then just make sure your pictures fairly and accurately depict the condition of the premises on the date and time that you say it happened. Vice Chair Hardemon: That's a huge statement he just made. That is a huge statement. Chair Gort: Question. Ms. Franco: No. Chair Gort: Is this part of the unsafe structure that need to -- it was for -- to being knocked down -- to demolish? Mr. Garcia: She correctly points out that at various periods in time, some aspects of the building have been deemed to be unsafe, and I think she pointed out specifically that there were some defects with the electrical layout of the building. However, the structure itself is sound, has been found to be sound by our experts, our engineers, and therefore, we are taking the position demonstratively that it is a sound structure and can be refurbished. Chair Gort: Okay. Ms. Franco: Can I say one last thing on that comment? Chair Gort: I beg your pardon? Ms. Franco: Can I say one last thing on that comment? Chair Gort: Go ahead, say more or less. City of Miami Page 137 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Ms. Franco: This is a posted note of demolition by the City of Miami, and on the bottom, it states, if either a demolition or building permit is not obtained or we do not hear from you by June 9, 2014, it will be necessary to move toward demolition of your building in accordance with a detailed procedure on the Code Miami -Dade Coun" -- "in the Code, Miami -Dade County." How is it possible that it's okay for them to demolish, but then I purchased it, and now they're telling me that I can't? This is very unfair. Vice Chair Hardemon: And you do know that many times with demolishing, the City can take the position on whether or not they -- as I understand -- repair or demolish. So just because you get a notice to demolish doesn't mean it's going to necessarily be demolished Chair Gort: When you read it, it says "demolish" or "pull a building permit," which means you not want going to demolished; you're going to pull a building permit to maintain it. Vice Chair Hardemon: To repair. Chair Gort: If you read it correct, and I'm not a lawyer. I'll let the attorneys address that part. Vice Chair Hardemon: I'm not -- but I'm not going to -- well, I don't want to get into that part of it, because I haven't seen that. I'm not looking at that right now, but I strongly advise you to take our advice and try to have someone help you present some evidence that we can actually use to make our decision. I want to make sure that you have a fair chance at this, okay? It's all about fairness. Commissioner Sarnoff You saw your Duques [sic] and Associates? Ms. Franco: Yes. Commissioner Sarnoff Bring a representative from there. Ms. Franco: Okay. Commissioner Sarnoff And -- Jean Theede: I would like to speak, please. Chair Gort: Yes, ma'am, you will, as soon as they give you a chance. Ms. Theede: I have a question. Chair Gort: Ma'am, excuse me. We'll give you a chance in a minute. Let us finish. We'll give you a chance. Ms. Theede: Okay. Chair Gort: This is a public hearing; everybody gets to speak. Ms. Theede: No. I've got a very important question to ask her that's pertinent to what's going on. Chair Gort: But I think the Commissioner is speaking at this time. The Commissioner is speaking at this time. As soon as he's finish, I'll recognize you. Ms. Theede: I apologize. City of Miami Page 138 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Chair Gort: Thank you. No, ma'am; no need. Commissioner Sarnoff All I'm suggesting is bring a representative from Duques [sic], and then you'll be good to go. Vice Chair Hardemon: You just want someone to be able to -- if there's an opinion that you've relied on, you want that person here to tell us, one, the opinion that they made, and two, how they came to that opinion. It gives us an opportunity to ask them questions. And then we have a different opinion from City, we can ask the City the same question: "What opinion did you come with?" And -- "come to, and how did you reach that opinion?" And then we're able to choose between which parties we believe has the best expert, if you will. Commissioner Sarnoff Take these back with you so you save your money for photocopying. Ms. Franco: Thank you. Vice Chair Hardemon: You're welcome. So I would move to -- would it be to defer, Mr. Clerk? Chair Gort: Let's -- we haven't finished with the public hearing. Vice Chair Hardemon: Oh, I'm sorry. Chair Gort: Yes, ma'am, you're recognized. Ms. Theede: Dr. Jean Theede, 150 Southwest 7th Street; been there since 1971. I have some -- important question to ask her before I open my mouth and put my foot in it. Did you -- do you have a mortgage on your property? Ms. Franco: I do not. Ms. Theede: You do not have a mortgage? You paid cash. Did you have somebody come in and inspect this house for its worthiness? Ms. Franco: The original intent when I purchased this house, being from Maryland, was that I loved it, and I wanted to stay in it, and I wanted to fix it, and that's what my intent was. So it -- no -- when you pay something cash, you don't have to get it inspected. Ms. Theede: That's true. Ms. Franco: But then, after the fact, and they tell me that I need to do all of this work, that's when it started to become that I need to make a decision. Do I try to save this property and try to fix it up or with -- I don't know how much more or less it would cost, but it kind of seems that everyone just seems to say it's not worth trying to fix that property. By the time you do all of the stuff to it, it's like you're building a new home, just keeping a wood frame struc -- a wood frame. Ms. Theede: Okay, I understand. I grew up in a wooden house. Wasn't till, I came to Miami that I found out about concrete. But I see some things that are questionable. You're wanting to replace it with concrete block rather than with the -- with wood, which is existing in the neighborhood, and that's not going to match the neighborhood, and I've been told that that whole area is historical preservation. In 1925, this City was demolished. There was nothing left. There were ships on Flagler Street and Miami Avenue. So that house under -- withstood a horrific hurricane. Now -- Ms. Mendez: Chairman -- City of Miami Page 139 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 Ms. Theede: -- since the neighbor -- Ms. Mendez: -- ifI may? Chair Gort: Excuse me, excuse me. If the motion is -- Ms. Mendez: (UNINTELLIGIBLE). Chair Gort: The motion is to continue it? Vice Chair Hardemon: Whatever the proper term is. I'm not sure if we're continuing or deferring this. Ms. Theede: I can't hear you. Vice Chair Hardemon: Continue. Chair Gort: We have a motion to continue. We're not going to make any decision today. Ms. Theede: Okay. Ms. Mendez: We don't -- Ms. Theede: Okay. Chair Gort: Okay? So you get another opportunity. Ms. Theede: Thank you. Todd B. Hannon (City Clerk): And, Chair, what date would you like to move it to? Are we talking the next meeting, September 24, or are we looking at October --? Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: I would suggest to give her a little bit more time, so let's say October. Mr. Hannon: October 8. Chair Gort: No, the Planning & Zoning. Mr. Hannon: Okay, October 22. We'll be deferring the item to October 22. Chair Gort: Okay. Ms. Mendez: And I just wanted to say for the record that the board is able to take any public hearings at that time and we're in -- so anyone that wasn't able to speak today can speak on that date, and we're in compliance with -- Chair Gort: All right. Thank you. Ms. Mendez: -- Florida Statutes. Thank you. Chair Gort: Okay. Any further discussion? Being none, all in -- Mr. Hannon: Is there a second? My -- City of Miami Page 140 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 D3.1 14-01093 D3.2 15-00912 Commissioner Sarnoff. Second Commissioner Carollo: Second. Chair Gort: Second, second, okay. Any fzzrther discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Franco: 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 DISCUSSION ITEM UPDATE REGARDING DISCUSSION ON IMPROVING THE CAPITAL IMPROVEMENT PROJECT (C.I.P) PROCESS. 14-01093 CITP Baseline Proj. Schedules.pdf CONTINUED Note for the Record: Item D3.1 was continued to the October 8, 2015, Regular Commission Meeting. DISCUSSION ITEM City of Miami Page 141 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 D3.3 15-00913 D4.1 14-01024 D4.2 14-01117 D4.3 15-00441 CITY BEAUTIFICATION. 15-00912 E-Mail - Discussion Item.pdf DEFERRED Note for the Record: Item D3.2 was deferred to the September 24, 2015, Planning and Zoning Commission Meeting. DISCUSSION ITEM ALLOWING RESIDENTS TO PAY THE CITY WITH CREDIT CARDS. 15-00913 E-Mail - Discussion Item.pdf DEFERRED Note for the Record: Item D3.3 was deferred to the September 24, 2015, Planning and Zoning Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING CONDITION OF FLAGLER AND EIGHT STREET BUSINESS CORRIDOR. 14-01024 E-Mail - Discussion Item.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING THE FLORIDA FOURTH DISTRICT COURT OF APPEAL'S OCTOBER 15TH DECISION IN THE MATTER OF CITY OF HOLLYWOOD V. AREM RE: REDLIGHT CAMERAS. 14-01117 E-Mail - Discussion Item.pdf 14-01117 Back -Up Documents.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING ACQUIRING PORTION OF LUDLAM TRAIL WITHIN CITY OF MIAMI BOUNDARIES. NO ACTION TAKEN City of Miami Page 142 Printed on 10/5/2015 City Commission Meeting Minutes September 10, 2015 NA.1 15-01211 ADJOURNMENT END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) PRESENTATION A PERSONAL APPEARANCE BY MR. FULGENCIO CASTRO PRESENTING THE MAYOR AND COMMISSIONERS WITH A PLAQUE IN RECOGNITION OF THEIR SUPPORT FOR THE CUBAN EXILE COMMUNITY. PRESENTED Chair Gort: At this time, I'd like to recognize Fulgencio Castro, who wanted to address the City Commission. Fulgencio. Fulgencio Castro: (Comments in Spanish.) On behalf of Comunidad Cubana, I'm making this presentation to you, and we never forget your help in all the march and everything relate with Cuban exile community. Thankyou, sir. Chair Gort: Thankyou. Mr. Castro: (Comments in Spanish.) In behalf of Comunidad Cubana, we never forget your effort with the Cuban community. Comunidad Cubana is one of the federation of the different associations of exiles, and we recognize you this morning. Thank you. Chair Gort: I apologize. We're going to take about a five minutes break. I hope the rest of the Commissioners get here. We cannot conduct any business unless we have three for a quorum. The meeting adjourned at 9: 23 p.m. City of Miami Page 143 Printed on 10/5/2015