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HomeMy WebLinkAboutCC 2016-03-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com V [gyp t_ R Meeting Minutes Thursday, March 24, 2016 9:00 AM Planning and Zoning City Hall Commission Chambers City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner District One 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 March 24, 2016 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA-PERSONALAPPEARANCES PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BU -BUDGET 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 ofMiami Page 2 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 24th day of March 2016, the City Commission of the Cit) of Miami, Florida, met at its regular meeting place in Cit) Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:00 a.m., recessed at 12:14 p. in., reconvened at 4:10 p. in., recessed at 4:21 p. in., reconvened at 4:31 p. in., and adjourned at 7: 27 p. m. Note for the Record: Vice Chair Russell entered the Commission chambers at 9:01 a.m., Commissioner Carollo entered the Commission chambers at 9:01 a.m. and Commissioner Suarez entered the Commission chambers at 9:08 a. in. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, Cit) Manager Todd B. Hannon, Cit) Clerk Chair Hardemon: Welcome to the March 24, 2016 meeting of the Cit) of Miami Commission in these historic chambers. The members of the Cit) Commission are Wifredo Gort; Frank Carollo; Francis Suarez; Ken Russell, the Vice Chairman; and myself, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the Cit) Clerk. The meeting will be opened by a prayer and the pledge of allegiance. So, at this time, may we all rise? Invocation and pledge of allegiance delivered. Chair Hardemon: We will now begin the regular meeting. The Cit) Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorne)): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the Cit) Commission must register with the Cit) Clerk and comply with related Cit) requirements for lobbyists before appearing before the Cit) Commission. Any person may not lobby a Cit) official, Board Member, or staff member until registering. A copy of the Code section about lobbyists is available in the Cit) Clerk's Oce. Any person making a presentation, formal request or petition to the Cit) Commission concerning real propero) must make the disclosures required by the Cit) Code in writing. A copy of this Code section is available in the Cit) 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 Cit) 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 shall be at such later date before the Cit); 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 Oce of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal 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 Commission chambers. Any person with a disability; requiring assistance, City ofMiami Page 3 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p. m., or at the conclusion of the regularly scheduled meeting, whichever occurs first. Please note, Commissioners have generally been briefed by Cit) staff and the Cit) Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Thank you. Daniel J. Alfonso (Cit) Manager): Good morning, Mr. -- Commissioners, Mr. Chairman. Chair Hardemon: Good morning, sir. Commissioner Carollo: Good morning. Mr. Alfonso: The items to be withdrawn are RE.1 and DI3, and we're requesting to defer to 4114 item RE. 5, and Public Appearance I is going to be deferred to 4114. Commissioner Carollo: Which one? Mr. Alfonso: The PA, the public appearance by the Coral Gables Commissioner. Chair Hardemon: Are there any other items that the Commissioners wish to defer, withdraw, continue? Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, sir. Vice Chair Russell: It's for the afternoon's agenda, but I just wanted to let residents know, or anyone who wanted to attend, that PZ 7 and 8, which is the Day Avenue issue, we're planning on deferring. Chair Hardemon: Okay, PZ 7 and 8. And I -- are there any other PZ items that the staff would like to -- Commissioner Gort: Yes. Chair Hardemon: -- announce that need continuances? You're recognized. Francisco Garcia: Thank you, Mr. Chairman. Francisco Garcia, Planning & Zoning director for the record. Certainly, the two City application items are intended to be continued. I'll mention them specifically, because I know there is some level of interest in these two items, and thank you for the opportunity to do so. They are item PZ 10, which is the rezoning of 240 Southeast 14th Street in District 2. In that item, the City is a co -applicant, and that item is expected to be continued indefinitely. Of course, action cannot be -- cannot take place until this afternoon, in the afternoon session. And also, item PZ 17, which is a text amendment to the Zoning Ordinance, Miami 21, to calibrate lot sizes and lot frontages citywide. That item also is going to be requested to be continued for a period of two months. There are certainly a number of other items that are private applications that are intended to be continued, but at this point in time, we don't have exact dates, so I would prefer to get back to you this afternoon, if possible. Chair Hardemon: Okay. Mr. Garcia: Thank you, sir. City ofMiami Page 4 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Is there a motion to -- Commissioner Gort: Move it. Chair Hardemon: -- capture -- and I'll make this clear for the Clerk. This motion that is being moved by Commissioner Gort is to withdraw items RE. 5, DI 3; defer items RE 5 -- I'm sorry -- withdraw items RE.1 and DI3; defer items RE 5, PA. 1; and then also to defer at the time more appropriate, but to let everyone know, PZ. 7, 8, 10, and 17. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I'd like to also, if possible, continue CA.4 and PH 6 and RE 2, which are companion items. Chair Hardemon: CA.4 -- Commissioner Carollo: PH. 6 and RE.2. Chair Hardemon: -- PH 6 -- Commissioner Carollo: If we could continue them. Chair Hardemon: -- and RE.2. Does the movant -- Vice Chair Russell: Second. Chair Hardemon: Does the movant agree? Commissioner Gort: CA.4, CA.6-- Chair Hardemon: CA.4 -- Commissioner Carollo: PH (Public Hearing). Chair Hardemon: -- PH 6 -- Commissioner Gort: Oh, PH 6. Commissioner Carollo: And RE.2. Chair Hardemon: -- and RE.2. Commissioner Gort: RE. 2. To when? Next meeting or --yeah, when is it? Commissioner Carollo: Yeah, a continuance. Todd B. Hannon (Cit) Clerk): That would be deferred. If you want to move those items to the April 14 meeting, that'll be deferred to April 14. Chair Hardemon: The movant accepts. Does the seconder accept? Mr. Alfonso: Commissioner -- Mr. Chairman. City ofMiami Page 5 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Carollo: Who's the mover, and who's the second? Mr. Alfonso: Mr. Chairman. Chair Hardemon: The movant is -- before we -- the movant is -- Commissioner Gort: I moved it. Yes, I accept. Chair Hardemon: -- by Chairman -- I mean, Mr. -- Commissioner Gort, and the seconder is Commissioner -- Vice Chairman Russell. Mr. Alfonso: Mr. Chairman. Vice Chair Russell: Yes. Chair Hardemon: You're recognized, sir. Mr. Alfonso: Thank you. Item CA. 4, the contract with the leasing company, if we defer it, we'll be out of contract by the next time we meet. The contract will have expired April 8. If a contract goes and expires -- just give me a second Commissioner Gort: Why don't you table it? Because I want to ask some questions about that. Commissioner Carollo: Well, Commissioner. Chair Hardemon: You're recognized Commissioner Carollo: That's exactly why I want to defer it, because I want to make sure that we ask questions and we know where we are, instead of just -- Mr. Alfonso: We can pull the item and discuss it. We don't have to -- I mean, we don't have to defer it. Commissioner Carollo: Yeah, but this is going to be a long meeting, and how much discussion will we be able to have? I mean, that's why -- that's actually why before, it's coming back to Commission, because I asked that on a yearly basis, it comes back to see exactly where we are. Commissioner Gort: When it come back, my understanding is -- I'd like to get the information on how we -- progress we have made into the stadium, because my understanding is we might be able -- Mr. Alfonso: Commissioner, we have provided to you --your offices how much space has been leased, and what is remaining. We have provided reports as to the work that has been done by this firm. Now, keep in mind that the last time we had a firm that we did an RFP (Request for Proposals), the firm that was awarded had us for, I believe, about two years, and then they stopped doing business with us, so then we hired this other firm, and they've done work. They only get paid if they lease the space, so we were looking to renew the contract to continue to try to lease the space. Apparently, it is difficult to lease. That's evidenced by the fact that I think that's been open for, what, three years plus? And we're still looking for tenants. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Mr. Manager, it's my recollection that when we gave them an extension City ofMiami Page 6 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 the last time, it was past the contract date anyway; so if we extend it two weeks to get all the information, I mean, the contract still maintains as is, correct, or --? So, in other words, we lose nothing by deferring it two weeks and getting the information that Commissioner Gort wants, that I want, and so forth. Mr. Alfonso: Commissioner, we're just looking into the contract. We're not sure that we can extend the contract that's already expired but we're looking into it. Commissioner Carollo: And with that said, a follow-up question, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: How did we do it last time? Because it was my understanding that it went past the date. So if we did it before, why couldn't we do it again? Ms. Mendez: Commissioner, if we could just review the contract for a moment and -- because maybe we did a retro extension maybe the last time, but that's not always the best practice, but if you could just give us a moment, and we'll look it up, and we'll advise you. Commissioner Carollo: Absolutely. Mr. Alfonso: Can -- Chair Hardemon: You're recognized. Mr. Alfonso: If there's going to be any other items on the consent agenda that are going to be pulled can we pull those, pass the rest of the consent agenda; we'll talk about the items that are pulled and get clarification on what it is the information that is requested -- Chair Hardemon: Well, let's do this first. Commissioner Carollo: That's two different -- Chair Hardemon: Let's -- the -- Commissioner Carollo: One is -- Chair Hardemon: From the motion, we're going to remove CA. 4 from the motion, all right? Commissioner Carollo: Okay. Chair Hardemon: So let's move and act on the other items that we agreed for continuance and deferral, okay? So that's the first thing we'll do. So this motion -- Commissioner Gort: I accept. Chair Hardemon: -- (UNINTELLIGIBLE) will not include CA. 4. Is there -- and the movant has agreed, the second has also agreed. Is there any unreadiness on that? Hearing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. Commissioner Carollo: And that's including all other items, except CA.4. City ofMiami Page 7 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Correct. Commissioner Carollo: Correct, okay. Chair Hardemon: So I'm assuming we're going to pull CA. 4, and you want to act on -- PRESENTATIONS AND PROCLAMATIONS PRA PRESENTATION 16-00369 Honoree Presenter Protocol Item Service Mayor Regalado City of Miami Milestone Awards & City Manager Pins Fire Chief Mayor Regalado Certificate of Edward Pidermann & City Manager Appreciation Officer Roger Blanco Mayor Regalado Salute & Comm. Suarez Office Gilberto Perez Mayor Regalado Salute & Comm. Suarez Sergeant Alfredo Delgado Mayor Regalado Salute & Comm. Suarez Lieutenant Jesus Ibalmea Mayor Regalado Salute & Comm. Suarez Officer Miguel Delgado Mayor Regalado Salute & Comm. Suarez Officer Wilfredo Perez Mayor Regalado Salute & Comm. Suarez Eureca B. Coulanges Mayor Regalado Salute & Chair Hardemon Nancy Liebman Mayor Regalado Salute & Chair Hardemon Jeanine "Yanick" Jolicoeur Mayor Regalado Salute & Chair Hardemon Cecilia Stewart Mayor Regalado Salute & Chair Hardemon Maribel Camacho Mayor Regalado Salute & Chair Hardemon City ofMiami Page 8 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 16-00369 Protocol List.pdf PRESENTED 1) Mayor Regalado and Cit) Manager Alfonso presented Service Awards to Cit) of Miami employees for their 25 and 30 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees. 2) Mayor Regalado and Cit) Manager Alfonso presented a certificate of appreciation to Deputy Fire Chief Edward Pidermann while paying tribute to his 30 years of excellent service and dedication to the Miami Fire Department and the Cit) of Miami residents. 3) Mayor Regalado and Commissioner Suarez salute Officer Roger Blanco and recognize his sense of duo) in the execution of his public responsibilities while upholding and enforcing the law, furthermore commending his bravely and judgment. 4) Mayor Regalado and Commissioner Suarez salute Officer Gilberto Perez and recognize his sense of duo) in the execution of his public responsibilities while upholding and enforcing the law, furthermore commending his judgment and organizational skills. 5) Mayor Regalado and Commissioner Suarez salute Sergeant Alfredo Delgado and recognize his sense of duo) in the execution of his public responsibilities while upholding and enforcing the law, furthermore commending his investigative skills and judgment. 6) Mayor Regalado and Commissioner Suarez salute Lieutenant Jesus Ibalmea and recognize his sense of duo) in the execution of his public responsibilities while upholding and enforcing the law, furthermore commending his judgment and tactical skills. 7) Mayor Regalado and Commissioner Suarez salute Officer Miguel Mercado and recognize his sense of duo) in the execution of his public responsibilities while upholding and enforcing the law, furthermore commending his judgment and communio) outreach skills. 8) Mayor Regalado and Commissioner Suarez salute Officer Wilfredo Perez and recognize his sense of duo) in the execution of his public responsibilities while upholding and enforcing the law, furthermore commending his leadership in educating the communio) and for his strategic problem solving skills. . 9) Mayor Regalado and Chair Hardemon salute Eureca B. Coulanges in honor of National Women's Histoty month, furthermore thanking her for her dedication as the Executive Director of the Libero) City optimist club, and her volunteering as a mentor to young girls a gang prevention called Panzo Project. Her expertise and talents to elevate the qualio) of life for residents of the City of Miami. 10) Mayor Regalado and Chair Hardemon salute Nancy Liebman in honor of National Women's Histoty month, furthermore thanking her for her dedication as the Miami Beach City Commissioner from 1993 to 2001, as well as in other leadership positions involving communio) initiatives her expertise and talents to elevate the quality of life for residents of the Cit) of Miami. 11) Mayor Regalado and Chair Hardemon salute Jeanine Panick'Jolicoeur in honor of National Women's Histoty month, furthermore thanking her for her dedication volunteering for the Haitian Refugee Center and being active in the cause against deportation of fellow Haitians. She is also the loving voice of the homeless and is part of a grassroots organization called Veye Yo." Her expertise and talents to elevate the qualio) of life for residents of the Cit) of Miami. City ofMiami Page 9 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 12) Mayor Regalado and Chair Hardemon salute Cecilia Stewart in honor of National Women's History month, furthermore thanking her for her dedication and active work as chair of the Overtown Community Oversight Board (OCOB) and for participating in various initiatives and activism as a member of the African American Committee of the Dade Heritage Trust and the Lemon Cit) Cemetery Communio) Corporation and the Historic Hampton House Communio) Trust. Her expertise and talents to elevate the qualio) of life for residents of the Cit) of Miami. 13) Mayor Regalado and Chair Hardemon salute Maribel Camacho in honor of National Women's History month, furthermore thanking her for her dedication as a visual artist and teacher whose work has been successfully exhibited in Puerto Rico, Orlando and Miami. She taught art at Ives Dairy Road Baptist Church and Michael's Arts and Crafts; she currently serves the residents of the Cit) of Miami as art instructor at the Roberto Clement Park -Dorothy Quintana Community Center Her expertise and talents to elevate the quality of life for underprivileged children, the elderly residents of the Cit) of Miami. Chair Hardemon: Please have a seat. We will now make our presentations and proclamations at this time. Presentations Made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Chair Hardemon: Before we move on any further, I did skip the Planning & Zoning minutes of January 28, 2016, those minutes. Commissioner Suarez: Move it. Chair Hardemon: Is there a motion? Commissioner Suarez: Yeah, move it. Chair Hardemon: It's been properly moved by Commissioner -- Commissioner Carollo: Second. Discussion. Chair Hardemon: -- Suarez and seconded by Commissioner Carollo. Discussion. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, I have a correction in the minutes. On page 119 --on the video, it's 3 hours, 59 minutes, and 50 seconds --it shows here Mr. Mensah doing the following statement, and it was not Mr. Mensah; it was our Cit) Attorney, Ms. Victoria Mendez. And I'll say the statement just to make sure. T'm sore? The amended and re" -- hold on. "The amended and restated air terminal facility sublease dated July 2014, the 29th day of July 2014. And it says in Section 3.8 [sic], 'The landlord agrees to reasonably cooperate with any requests by tenant in connection with zoning and land use of the property in order to permit the uses and structures contemplated in the original sublease and this sublease. That was a quote, and that was by Ms. -- our City Attorney, not Mr. Mensah. So just a correction to the minutes. Chair Hardemon: Does the movant accept? Commissioner Suarez: I'll amend my motion. City ofMiami Page 10 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 MAYORAL VETOES Chair Hardemon: And, of course, the seconder, he accepts it. Commissioner Suarez: I'm impressed. Chair Hardemon: Is there any further discussion? Seeing none, all in favor, say 5ye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Good job. Commissioner Carollo: That was an important statement. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Hardemon: Calling on the `)young" Commissioner from the Fourth District to my right, would you like to say anything? Would you like to say anything? What motion do you have? Commissioner Suarez: (UNINTELLIGIBLE) Andrew, Andrew. Andrew Suarez: I Andrew. Commissioner Suarez: Andrew Mr. Andrew: I Andrew. Commissioner Suarez: Andrew. Okay, yeah. Daniel J. Alfonso (Cit) Manager): Mr. Chairman. Chair Hardemon: I'd like to re -adjourn [sic] -- Commissioner Gort: He's beginning early. Chair Hardemon: Yeah. Commissioner Gort: He's learning fast. Chair Hardemon: He learned how to grab the microphone; that's the first thing. Commissioner Suarez: Yeah. Chair Hardemon: We have to tell everyone else, 'Please, pull the microphone up. " He learned it. All right, so we're going to re -adjourn [sic] this meeting, the Miami City Commission meeting. Before we re -adjourn [sic] --well, I'm sorry; first things first. Are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (Cit) Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Okay. City ofMiami Page 11 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 CONSENT AGENDA CA.1 RESOLUTION 16-00215 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING AN EXTENSION OF TIME FOR THE Economic PROGRAM YEAR 2015-2016 CITY-WIDE POVERTY INITIATIVE CONTRACT Development BETWEEN THE CITY OF MIAMI ("CITY") AND THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; EXTENDING THE CONTRACT END DATE FROM MARCH 31, 2016 TO SEPTEMBER 30, 2016, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 16-00215 Summary Form.pdf 16-00215 Pre-Legislation.pdf 16-00215 Legislation.pdf 16-00215 Attachment A.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0125 CA.2 RESOLUTION 16-00242 Department ofPolice A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE AUTHORIZED EXPENDITURE LIMITS FOR THE PROVISION OF PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS BY JURNEY & ASSOCIATES, INC. FROM AN AMOUNT NOT TO EXCEED $50,000.00 TO AN AMOUNT NOT TO EXCEED $200,000.00 THROUGH SEPTEMBER 12, 2017, THEREBY INCREASING THE TOTAL CONTRACT CAPACITY AMOUNT BY $150,000.00; ALLOCATING FUNDS FROM THE CITY OF MIAMI POLICE DEPARTMENTS GENERAL FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED. 16-00242 Summary Form.pdf 16-00242 Back -Up Documents.pdf 16-00242 Award Sheet.pdf 16-00242 Corporate Detail.pdf 16-00242 Invitation of Bid.pdf 16-00242 Legislation.pdf 16-00242 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0126 City ofMiami Page 12 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 CA.3 RESOLUTION 16-00136 Department ofReal A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate andAsset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND KESLER DALMACY AND YVELINE DALMACY ("SELLERS"), FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 601 SOUTHWEST 63RD COURT, MIAMI, FLORIDA, ("PROPERTY"), WITH AN APPROXIMATE TOTAL LOT AREA OF 8,738 SQUARE FEET, AS LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF TWO HUNDRED NINETY FIVE THOUSAND NINE HUNDRED NINETY NINE DOLLARS ($295,999.00), CONTINGENT UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER STATING THAT THE APPRAISED VALUE IS AT MINIMUM THE REFERENCED AMOUNT HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; WITH FUNDS ALLOCATED FROM THE CAPITAL IMPROVEMENTAND TRANSPORTATION PROGRAM PROJECT NO. B50568, DISTRICT 4 PARK LAND ACQUISITION, IN A TOTALAMOUNT NOT TO EXCEED THREE HUNDRED SIX THOUSAND FIVE HUNDRED DOLLARS ($306,500.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEYING, ENVIRONMENTAL REPORTING, TITLE INSURANCE AND SUCH OTHER RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. 16-00136 Summary Form.pdf 16-00136 Legislation.pdf 16-00136 Exhibit-Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0124 Chair Hardemon: CA.3. Commissioner Suarez: Thank you, Mr. Chair. CA.3 -- I'll be vett' brief. I just want to thank the Real Estate Department. They call themselves DREAM (Department of Real Estate & Economic Development) now. I think that's a preto) cool name, and I think a big part of the reason why is because we do need to dream of ways that we can increase parkland in our cit), and one of the initiatives that I've started -- and we've had success because of their work -- has been in identifying parcels in the Cit) that we can acquire for pocket parks, and this is another example. We've done several in Elagami; some in Coral Way, and we're going to continue to identify parcels so that we can give back pocket parks to our community. Thank you, Mr. Chair. I move the item. Chair Hardemon: It's been properly moved. Is there a second? City ofMiami Page 13 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Commissioner Gort: Discussion. Chair Hardemon: The second is by Commissioner Gort. Is there any further discussion? Commissioner Gort: Discussion. Chair Hardemon: Commissioner Gort. Commissioner Gort: My understanding, we have a lot of lots that too small to be built within the City of Miami, and I think we have someone doing the research on how many lots we have. Some of them can be for park, but some of them can be for affordable housing. Daniel J. Alfonso (Cit) Manager): Well, there is an ongoing search of properties that were unzoned I think that's -- we were looking at that. Commissioner Carollo: Exactly. Mr. Alfonso: The Cit) does own parcels where there -- whenever we find a parcel that is too small, as you said to build upon, the idea is to try to transfer it to the adjacent property owner so we can put it back on the tax roll -- Commissioner Gort: Right. Mr. Alfonso: -- and get value for it, for the most part, if it's an unbuildable lot, and it's next to a private property owner. Victoria Mendez (City Attorne)): I think the Commissioner is pointing out some of the dead end -- either right-of-ways [sic] or slivers that are at the end, that grow and are then unruly that we were looking at through Public Works, I believe, so that's the one that you're -- Commissioner Gort: Also, there's a lot ofproperties that are owned by the Cit) of Miami that -- as a matter of fact, we identify one that the County used to be used right on 11th Street and Northwest— about 9th Avenue. The Count) used to use it. It used to be the mortuary for the Count). It's owned by the Cit) of Miami, and it's a large building there. It's a large propero) . I think they already do -- This is the 0pe of things I would like to look into. I already talked to the Department, he is working with us. Okay? Thank you. Chair Hardemon: Any further discussion? Seeing none, all in favor of passing CA. 3, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: All against? Motion passes. CAA RESOLUTION 16-00133 Department ofReal A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate andAsset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE Management SECOND ONE (1) YEAR OPTION TO RENEW FOR REQUEST FOR PROPOSALS ("RFP") CONTRACT NO. 369316, BETWEEN THE CITY OF MIAMI ("CITY") AND WLS, L.C. D/B/A NAI MIAMI, PURSUANT TO RESOLUTION NO. 13-0453, ADOPTED ON NOVEMBER 21, 2013, City ofMiami Page 14 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 APPROVING THE AWARD OF RFP CONTRACT NO. 369316, AND RESOLUTION NO. 15-0111, ADOPTED MARCH 12, 2015, APPROVING THE FIRST ONE (1) YEAR OPTION TO RENEW FOR SAID CONTRACT, FOR THE CONTINUED PROVISION OF REAL ESTATE LEASING SERVICES FOR THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DEPARTMENT"), ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT TIME OF NEED. 16-00133 Summary Form.pdf 16-00133 Back -Up Documents.pdf 16-00133 Legislation.pdf 16-00133 Exhibit.pdf Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item CA.4 was deferred to the May 12, 2016 Regular Commission Meeting. Chair Hardemon: So, CA.4. Commissioner Carollo: CA.4, I think we pulled it. I requested a deferral. I don't think we're ready for it now, unless they have -- Daniel J. Alfonso (Cit) Manager): Commissioners, again, if we go into the next meeting, we don't have a contract. Victoria Mendez (City Attorney): We're still just double checking that, so if we could just table it for a little bit -- Chair Hardemon: That's fine. Commissioner Gort: And we're not ready for it yet. Chair Hardemon: That's fine. Commissioner Carollo: Table it till the afternoon, Mr. Chairman? Chair Hardemon: Yeah. I just won't call it until later, until we're ready. Just let me know when you're ready and then we'll move forward with it. Ms. Mendez: Thank you. Later... Chair Hardemon: Move on now to PH 3. Mr. Alfonso: Mr. Chairman, before we continue, may I offer a possible solution to CA.4 so we can get it out of the agenda? Chair Hardemon: CA.4. Mr. Alfonso: The fact is that if we don't hear it, we don't have a contract, unless I exercise the authorio) that is within the contract to extend it. I have the authorio) to extend the contract for City ofMiami Page 15 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 up to 120 days without the Commission approval. So if I extend the contract, say, for 60 days, that would be until June 8, and we could bring it back the first meeting in May; and then, if somebody wants defer it then, we can defer it to the second meeting in May before it expires again in June. I would just ask that the Commissioners please express any and all questions to us so that we can respond to all the questions, because we provided a lot of backup information, and it wasn't enough. Chair Hardemon: Okay, that's fine. That appears to be reasonable. So then the question would be: Commissioner Carollo, when would you like this continued to? Would you like it to be continued to the June meeting? Commissioner Carollo: Sure, or I think the Manager stated that we can bring it back in May, but the contract will last till June, so we could bring it back in the first meeting of May, and we have time in case we didn't get our answers -- Commissioner Gort: 60 days. Commissioner Carollo: -- because, in all fairness, I would like to also meet with the agency, like I've had in the past. Chair Hardemon: So it appears to me that there's a motion on the floor to continue item CA.4 to the first meeting in May? Commissioner Carollo: Correct. I make that motion. Chair Hardemon: Is there a second? Vice Chair Russell: Second with discussion. Chair Hardemon: All right, it's been properly second by the Vice Chairman, and discussion. You're recognized, sir. Vice Chair Russell: Thank you. Mr. Manager, I understand this is a difficult spot to lease, and I'm wondering if you might be open to exploring other possible uses for this space. If we're unable to lease it, and we're extending contracts on a company that's not able to lease it, but it's not their fault, simply because it's a difficult place to lease and no businesses want to move in there, maybe there's something else we can do with that space. Mr. Alfonso: Well, Commissioner, we actually brought to the Commission last year to use the space for City offices, because we have departments that could certainly have gone in there. We actually at that time even had bond dollars that we could have used to retrofit the space, but that was not approved by the City Commission. We used those dollars to go back into repayment of debt service; we no longer have those, and so we're looking to lease the space, but -- Commissioner Gort: You're talking about -- Mr. Alfonso: -- there are dollars that are needed to retrofit the space, because right now it's just a shell. So when we lease it out to somebody, that person then has to do EE&E, which is fixture, furniture & equipment, so there are dollars needed. Chair Hardemon: You're recognized. Commissioner Carollo: I'll yield to Commissioner Russell's follow-up question; then I would like to have the floor, please. City ofMiami Page 16 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Vice Chairman. Vice Chair Russell: Yes, I -- it's not my district, and I wasn't here back then when that decision was made, so I'll have to do a little research to see the whys and whys pots -- why pots of that time, but it does seem that those retail spots are set way back in from the street, that they -- I mean -- I don't know. I don't know what could be used there, but I would see if we, as a Commission, are open to directing the Administration to find some ideas that might solve this, and we don't just renew a contract on something that's unleasable. Chair Hardemon: Right. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to first begin by saying that what the Manager said regarding to a shell is correct. When this --dating back before all of us --was first negotiated and agreed to in the global -- I forgot what's the technical name of it. Is it global agreement? -- it is my opinion that now we're seeing it; that there wasn't enough monies put in for -- what's the correct terminology? -- FF&E, or to make it a plain shell. So, realistically, a company, organization, a restaurant that would have to go in there would have to put significant dollars just to make it a plain vanilla shell. We do not have enough monies for that, so that had become an issue. With that said, though -- and I wasn't ready to have this whole lot of discussion about this; that's why I wanted to defer it. But what percentage of the space is right now currently either rented or in the process where we have agreements in place to be rented? Mr. Alfonso: We are 80 percent rented. We have 10, 000 square feet left. Commissioner Carollo: Right. So, again, I don't want to make it seem like, you know, it's empov space that can't get rented, and stuff like that. Maybe some of the organizations that have gone in there may not -- will not have been my first choice or second choice, but the bottom line is that approximately 80 percent is either rented or in the process of being leased out. So I don't want to give this picture that, you know, nothing's being leased out, and we can't lease it out, and so forth, because that may have been a few years back, and, remember, we were always in a -- also in a downturn, among other things. But right now, it is moving forward, but still, I would -- I think it would behoove all of us to have this extra time in order to see exactly where we're at. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. I mean, I just want to add very briefly that leases can be structured in a varieOv of different ways, and even though it is sort of a shell, you can -- instead of doing a build -out in terms of putting -- advancing money, right, you can rebate the rent and let the person build it out themselves to their liking, and then give them a rebate on the rent. So there's other ways to do it where we don't necessarily have to come out of pocket, but you just structure it in a way that the lease -- and that's done very commonly in the commercial real estate world. Chair Hardemon: Any further comments? Any further unreadiness? All in favor of the motion, say 5)ve. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. CA.5 RESOLUTION 16-00103 City ofMiami Page 17 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Offrce of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMITAN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $60,500.00, FOR THE DESIGN AND PERMITTING OF THE VIRGINIA KEY BOAT LAUNCH AND TRAILER PARKING AREA ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2016-2017. 16-00103 Summary Form.pdf 16-00103 Legislation.pdf 16-00103 Exhibit.pdf 16 -00103 -Submittal -Robert Weinreb- Virginia Key Boat Ramp Assessment. pdf Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0131 Chair Hardemon: CA. 4. Better yet, CA. 5. CA.5 is the FIND (Florida Inland Navigation District) grant, Virginia Key Boat Launch and Trailer. Lillian Blondet (Director, Grants Administration): I'm sorry, Commissioner. Good morning. Lillian Blondet, Office of Grants Administration. CA.5 is a resolution to submit a FIND, a Florida Inland Navigation District, grant application for the design and permitting of the Virginia Key Boat Launch and Trailer parking area. The FIND grant is for 60,500, and FIND will match the same amount. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. I simply pulled the item. I had a few questions from constituents and Virginia Key stakeholders about this item, and some possible concerns; we may even have some requests to discuss from the public. So I just wanted to pull it so that we could get a small presentation on exactly what we are looking to do with this money in terms of a boat launch and trailer. Is this for powerboats on Virginia Key? Does one exist already? And exactly where would it go? Ms. Blondet: Okay, for that, I will let Mr. Weinreb address the technical part of the project. Vice Chair Russell: Thank you. Robert Weinreb (Project Manager, Capital Improvements and Transportation Program): Thank you. Robert Weinreb. When the master plan for the Coconut Grove Waterfront was done, they found that the boat ramp at -- next door to its here at Meyers Park didn't function well; should have only smaller motorized boats launching, and they redid the parking lot twice, and it's never worked right. So the master plan that was approved by the Commission asked for another site on Virginia Key where larger powerboats could launch and alleviate the congestion here, so that's how this got started And a study was done in 2008 by ATM (automated teller machine), and City ofMiami Page IS Printed on 51312016 City Commission Meeting Minutes March 24, 2016 they had selected a potential site. They had a series of public meetings back in 2008 --1 believe there were three or four --and this was discussed as a possible site. At that point, the City's funding sources was challenged during the downturn, and I guess nothing moved forward with this. And we just wanted to see if there is a site on Virginia Key that could have some sort of marine powerboat facilities for trailer boats to come and launch, and people to use the site. Chair Hardemon: Thank you. So just a question. The --so the boat ramp and trailer parking area is part -- on Virginia Key -- is part of the Coconut Grove Master Plan. Is it part of the Virginia Key Master Plan as well? Mr. Weinreb: That's a good question. And I believe, when there was the Friends of Marine Stadium that kind of took over the master plan, this did not appear on the master plan -- Vice Chair Russell: Understood Mr. Weinreb: -- nor did any boat launch site, other than the marina areas that have a ramp for marina business only. Vice Chair Russell: Now that we have the Virginia Key -- it was originally Steering Committee -- Advisory Board put in place as a new board, I think this is the OPe of -- exactly the type of thing that they would probably love to take up. And I just know that this is the first step, and I was -- it was actually requested from the public that I would defer this, but I understand from the Manager that we're under a time crunch in terms of application with the FIND grant; is that correct? Mr. Weinreb: That's correct. We need to apply before the end of this month, or we'd have to wait another year. And understand that this is the design and permitting and engineering assessment. It doesn't mean that -- Vice Chair Russell: The project has many, many steps to go before it's approved -- Mr. Weinreb: There are any steps to go -- Vice Chair Russell: -- and implemented and -- Mr. Weinreb: -- and they might find a better location or no location, and we learn that it's not going to work, or it might work, or there's a better spot, so this would investigate all of that. Vice Chair Russell: Thank you. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I just want to echo the Vice Chairman's sentiments. I really do feel that these kinds of issues going forward should be vetted by the Steering Committee. I mean, I think that's the purpose of why we created it, so that there would be a diverse amount of input by the community before we did things that were of this scale and scope. Obviously, I'm very grateful that we're doing this. I think this is a good thing. But I just want to make sure that, going forward -- and it was a discussion item on my -- at the last meeting; I don't think we ended up -- ever taking up, 'cause what ends up happening with discussion items is we get to so late in the day, we -- I think we should maybe have a separate meeting just for discussion items, because we end up -- by the time we get to them, it's so late and we're so tired that we don't even want to -- we just put them aside, and they're very -- a lot of times they're very important. But one of the things I was going to ask is when is the first meeting of that committee? Thank you, Mr. -- City ofMiami Page 19 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Daniel J. Alfonso (Cit) Manager): Well, Commissioners, in order to have the first meeting, we need to complete naming all the members. Commissioner Suarez: And that was the other -- Mr. Alfonso: This Commission -- Commissioner Suarez: -- that was the second part of my question. Mr. Alfonso: Right. This Commission still needs to name the at -large members. Commissioner Suarez: Okay. Mr. Alfonso: And they still need, I believe, a D2 member to be named. Commissioner Suarez: Okay, so -- well, as soon as we have that, we need to get going right away so we can -- you know, we can vet some of these things in the way that I think we all agree should be vetted Chair Hardemon: Okay. Any further discussion? Horacio Stuart Aguirre: Mr. Chairman, may I from the public? Thank you, sir. Horacio Stuart Aguirre, 1910 Northwest 13th Street, proudly on the Miami River. By way of background information, sir, there has been a marine travel facilio) at that -- on Virginia Key for about the last 30 years. This is a device that's sort of like a four -legged gadget with two slings that picks a boat off a trailer and drops it into the water. So the idea of launching boats on Virginia Key is actually about three and a half decades old. As a matter of fact, I think at one time, Commissioner Willy Gort used to launch a boat there and used to go water skiing off that area. Commissioner Gort: Well, very slow. Mr. Aguirre: We were all much younger at the time. So it's nothing new. The area is subject to a no -wake speed limit, so there is protection for marine life. And there is an acute shortage -- and I think Mr. Weinreb will attest to this -- to public launching facilities in the Cit) of Miami. I can only think of four for the entire City. Seminole was one, about a hundred feet from us, which was terribly horrible because of the slippery slope; no pun intended, but it was amusing to see cars in the water often on the weekend. The only one -- the other one is at Curtis Park in Commissioner Gort's district, and that's out of service right now. The other one is -- Commissioner Gort: We're working on that one. Mr. Aguirre: We're working on that. Thank you, sir. And the other one is Pelican Harbor, Mr. Weinreb? Mr. Weinreb: Morningside Park. Mr. Aguirre: Morningside Park. Mr. Weinreb: Morningside Park has a -- Mr. Aguirre: So that's actually all we have for the City of Miami, which is very much a water -born recreational community. Thank you, sir. Chair Hardemon: Thank you very much. Is there any further discussion? City ofMiami Page 20 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Esther Alonso: Yes, Mr. Chairman. Chair Hardemon: Do you represent an organization? Ms. Alonso: I -- Chair Hardemon: I'm sorry; I'm not familiar with -- Ms. Alonso: Well, I'm here -- do I represent an organization? In part. Chair Hardemon: I think -- I'm saying that because the CA (Consent Agenda) agenda is o pically where we don't take public comment, but it's okay; I'll allow you to speak. Ms. Alonso: It's okay. I appreciate it. I am the concessionaire on Virginia Key. Chair Hardemon: Okay. Ms. Alonso: We have the Kayak, bicycle, and paddle board concession, outdoor recreation, snack shop. Chair Hardemon: Understood What's your name? Ms. Alonso: My name is Esther Alonso, and I'm a resident of the City of Miami. I'm at 1860 Southwest 14th Terrace. And I am here today as a member of the communio) , primarily. This is an issue that was reviewed during the Virginia Key charrette and addressed as being an unviable location at the north point of the island Why the Cit) is expending staff time and resources to revisit an issue that was already determined to be unsafe, meaning at the north point of the island is perplexing and certainly not efficient. There was a launch on Virginia Key that had been removed. It was closed, and then later removed when the work was done for Boat Show, which would be ideal for recreational boaters, and recreational boaters should absolutely have access to our waters, but it needs to be effective and efficient access, not access on the North Point Park, and this is the discussion which has been, you know, chatter, and of course, chatter is just that. But my concern in approving this item is that once the funding comes in, the discussion changes in nature, and then it becomes a, "Well, why aren't we taking the money to do this if it's already been allocated? "So rather than creating an argument, there is a board that's forming; there is a board that should be handling this issue, and I understand it's a year, but in the scope of time that it has taken for all of this to come together, a year is really nothing. And there is Watson Island for a public launch, and there are other launches nearby on Miami Beach at Purdy. And, unfortunately, if it didn't work out in Coconut Grove, that doesn't mean that that burden should be shifted to Virginia Key. So I would urge the Commission, like we did this morning -- and we saw everyone that was rewarded for the good work that they did in serving the public -- that this continue, and that you make some definite strides moving forward and have a consensus. I mean, the board is forming, allow them the cpportunio) to do what's right and best for the communio) . And I would hope that this would open a discussion for looking at best and highest use inconsideration as it applies to parks. If best and highest use is looked at highest dollar value, then we might as well shut down all the parks and sell it and develop it. Chair Hardemon: Thank you so very much. Vice Chair Russell: Mr. Chair. Ms. Alonso: Thank you. Chair Hardemon: Yes. City ofMiami Page 21 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Alonso: Come back again. Vice Chair Russell: Good morning, Esther. Ms. Alonso: Oh. Vice Chair Russell: Just a quick -- who is it that met and deemed that it was unsafe? I did not hear that part. Ms. Alonso: It came from Gare Milano during the charrette. Several members of the communio) spoke up about putting a launch at the North Point, and expressed a number of concerns, everything from the pitch to the location, to the access, to the conditions. This is Morris Cut. This is not launching into a calm body of water. There are times where when the tide and the wind stacks up in the right direction, it can be hazardous. That's one spill away, one boat capside [sic] away from a spill that's going to contaminate the lagoon, the adjacent Sodowsky Critical Wildlife area, and let's move beyond the immediate wildlife concerns; it'll destroy the fisheries for our local fishermen. I mean, we all like to go out there and enjoy the outdoors in different ways, but this just doesn't make sense. There are other locations that need to be vetted and moving forward to obtain funding for something that may or may not -- I mean, we're better served expending our resources differently, and -- Chair Hardemon: Thank you so much. Ms. Alonso: Thank you. Chair Hardemon: Sir, were all those things considered, the things that she stated there on the record? Well -- Mr. Weinreb: I believe that there were some concerns, but there was a dock there when the sewer line had to be repaired, so there was a very large dock that was built on this same exact site that was used for about a year and a half. Watson -- not Watson Island. It was removed, and there's a lot of debris in the water there. Everything that's being said might be factually correct or it might not be. Until you do a study and have a marine engineering firm look at that area, they can make recommendations that it's not going to work there, and look at other sites on the island as part of this study. Because we're proposing a starting point doesn't mean it's the ending point. Chair Hardemon: Right. So to be clear, applying for a FIND grant to apply to this area, does that mean that this area will indeed have this --what do you call it? --this boat launch? Will it -- does that mean it will have it there, and does that bar it from -- Mr Weinreb: It's -- Chair Hardemon: -- say --one more -- Mr. Weinreb: -- based on -- Chair Hardemon: -- one second. Getting awarded the FIND grant, does that mean that there will not be any environmental studies or any studies to determine that this is a good use at that site? Mr. Weinreb: The environmental engineering study would tell us, before we spend a lot of money, that this isn't a good site, and we can ask that other sites be looked at. The regulatory agencies are the ones that are going to decide where everything would or would not go. We put a floating dock on one of the islands out here, they told us where to put it. And then another City ofMiami Page 22 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 regulatory agency said, IVo, you can't put it there; you have put it here. "So it's up to the regulatory agencies, really, to make those kind of determinations. It might be that this isn't the right site; that this study that was done might not be accurate, but we can then look at other areas of the -- Chair Hardemon: So the purpose of this ordinance -- oh, I'm sorry -- this resolution is to acquire funds from the State? Mr. Weinreb: Correct. Chair Hardemon: That is the sole purpose of this ordinance? Mr. Weinreb: To analyze a boat launch site. And if the site has issues that are not reasonable, then we can't move for ward with that site. And then I think we can ask these -- the marine engineering firm to review the rest of the island to see if there is a more workable site, if this is not accurate. Chair Hardemon: Commissioner Gort. Commissioner Gort: As you do your analysis, I imagine you come up with the certain rules and regulations that you would have to follow, and then you can look for another place where you can apply, and where those rules and regulations will apply and where it could be built; in other words, will not be funds thrown away. I mean, that study can be implemented just about any other place within the Cit) of Miami. Mr. Weinreb: We're proposing this one site as a starting point. Commissioner Gort: Right. Mr. Weinreb: It doesn't mean it's the endpoint. It doesn't mean that -- it still has to go through quite a bit of regulatory issues. And the whole island has a series of, you know, critical wildlife area, a sewage treatment plant. It's a mish-mash -- Commissioner Gort: Not only that, the current in there could be very -- I've been there. It's very difficult sometimes. Mr. Weinreb: I think the reason this might have been selected earlier as a site was because there is parking next to the sewage treatment plant. The Cit) own several acres there, and parking was a problem at some of the other sites. Maybe that can be resolved so some of the other sites might be a better fit in the long run, and we could certainly try to work in that direction, if that's the will of the -- Vice Chair Russell: Mr. Chair. Mr. Weinreb: -- regulatory agencies and the Commission. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: In the way that the grant application is worded, Mr. Manager, if we apply for it, receive it, but change our mind on where we want this, can the funds be transferred for a boat ramp elsewhere? Mr. Alfonso: My understanding, Commissioner, is that we would then petition the Florida Inland Navigation Board to do a search, and find another location, and then transfer the funds to that location. That can be done, which is why I think it's okay to move for ward. We can always City ofMiami Page 23 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 look for another location, if that's not the preferred location. Vice Chair Russell: Personally, I do agree with Esther and with Commissioner Suarez about the way that this should be brought to the new board, the way that this should be brought to us. I mean, this is preto) new for me. And to be voting on this and being told that I've got a time -sensitive pressure to make a decision when we haven't had -- at least myself-- I haven't had enough time to really go through this and understand the pros and cons -- is an unfair pressure, I think. That being said, you've got my absolute word that if we do approve this, that does not bind us to spending the money on this spot, and that will be very diligent in hearing the issues, and will not move forward with it, and we will transfer the funds elsewhere, or forego them, if this is not the right thing, but I'd rather not wait a year; I'm with you on that. Chair Hardemon: Is there any further discussion? I don't think there's a motion on the floor. Is there a motion and --? Vice Chair Russell: I'll move it. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded to pass CA.4. Seeing no further discussion, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Commissioner Suarez: And can I -- Chair Hardemon: Motion passes. Commissioner Suarez: -- just say one thing real quick? Chair Hardemon: CA.5. Todd B. Hannon (Cit) Clerk): CA.5. Chair Hardemon: CA.5. Mr. Hannon: Yes, sir. Chair Hardemon: CA.5 for the record. Commissioner Suarez: Just -- can we have a commitment for -- I know that you're saying that there's a couple board members missing, but can we have a commitment that no other Virginia Key -related items are going to come before us without having first gone to the board? Mr. Alfonso: There's another one this afternoon. Commissioner Suarez: Fair? Sore? Mr. Alfonso: There's another item this afternoon by the -- Vice Chair Russell: It's quite related, actually. Mr. Alfonso: There's a seawall and Kayak launch, and those type of things for this afternoon. Vice Chair Russell: It's another FIND grant application. City ofMiami Page 24 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Other than today's agenda, how 'bout that? I mean -- CA.6 RESOLUTION 16-00099 Offrce of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMITAN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $250,000.00, FOR THE MIAMI MARINE STADIUM IN -WATER STRUCTURAL ASSESSMENT, DESIGN AND PERMITTING (PHASE 1) PROJECT ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2016-2017. 16-00099 Summary Form.pdf 16-00099 Legislation.pdf 16-00099 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0127 CA.7 RESOLUTION 16-00105 Offrce of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMITAN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $245,000.00, FOR THE CONSTRUCTION OF A BAYWALK BEHIND THE MIAMI WOMAN'S CLUB ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2016-2017. 16-00105 Summary Form.pdf 16-00105 Legislation.pdf 16-00105 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 25 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0128 CA.8 RESOLUTION 16-00256 Offrce of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TOACCEPTAND APPROPRIATE GRANT FUNDS FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., IN AN AMOUNT NOT TO EXCEED $493,375.00, AND ESTABLISHING ANEW SPECIAL REVENUE PROJECT ENTITLED "SUMMER YOUTH EMPLOYMENTAND FINANCIAL EMPOWERMENT PROGRAM 2016" TO SUPPORT UP TO ONE HUNDRED FIFTY (150) SUMMER YOUTH EMPLOYMENT OPPORTUNITIES, AND TO DEVELOP PROGRAM COMPONENTS TO CONNECT PARTICIPANTS TO FINANCIAL COUNSELING AND BANKING OPPORTUNITIES ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AMENDMENTS, MODIFICATIONS AND EXTENSIONS THERETO, INA FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM. 16-00256 Summary Form.pdf 16-00256 Legislation.pdf 16-00256 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0129 CA.9 RESOLUTION 16-00216 Offrce of the City A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Attorney ATTORNEY TO LOCATE CITY OF MIAMI HISTORICAL INSURANCE POLICIES AND TO TAKE ANY AND ALLACTIONS NECESSARY TO PURSUE INSURANCE RECOVERY AS APPLICABLE, AND TO ENGAGE OUTSIDE COUNSEL EISENSTEIN MALANCHUK LLP AND NASON, YEAGER, GERSON, WHITE & LICOE, P.A., ON A CONTINGENT FEE BASIS, ON TERMS TO BE NEGOTIATED BY THE CITY ATTORNEY FOR SAID PURPOSE. 16-00216 Memo - Office of the City Attorney.pdf 16-00216 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0130 Adopted the Consent Agenda City ofMiami Page 26 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Motion by Commissioner Suarez, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Todd B. Hannon (Cit) Clerk): Excuse me, Chair. Chair Hardemon: Yes. Mr. Hannon: And just so we're all on the same page, the motion and the second that was made and the vote was taken was on the withdrawal, the deferences [sic] -- deferrals, and so forth. We still have not addressed the consent agenda, that's my understanding; that we're going to -- Chair Hardemon: That's correct. Mr. Hannon: -- pull some items from the consent -- Chair Hardemon: That is correct. Mr. Hannon: Thank you, sir. Chair Hardemon: So at this time, we're pulling CA. 4, but we -- I would like to entertain a motion to accept or pass the other CA (Consent Agenda) items. Vice Chair Russell: Mr. Chair -- Chair Hardemon: So -- Vice Chair Russell: -- I'd like to pull CA.5 as well. Chair Hardemon: Pull CA.5 as well. So pulling CA. 4, CA. 5. So is there a motion? Commissioner Suarez: Pull CA. 3, too, please. Chair Hardemon: And CA. 3. So CA. 31 CA. 4, CA. 5. So is there a motion to accept CA. 1, CA. 2, CA. 6, 7, 8, and 9? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion or unreadiness? Seeing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. PERSONALAPPEARANCES PA.1 16-00129 City ofMiami Page 27 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 District 4- PERSONAL APPEARANCE BY CITY OF CORAL GABLES COMMISSIONER Commissioner VINCE LAGO REGARDING CONNECTION OF THE CORAL GABLES Francis Suarez TROLLEY LINE WITH THE CITY OF MIAMI COCONUT GROVE AND LITTLE HAVANA TROLLEY LINES. 16-00129 E -Mail - Personal Appearance.pdf 16-00129 - Miami Trolley Routes.pdf 16-00129 - Coral Gables Trolley Route.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PA.1 was deferred to the April 14, 2016 Regular Commission Meeting. END OF PERSONAL APPEARANCES PUBLIC HEARING PHA RESOLUTION 16-00213 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL Economic ACTION PLAN FOR FISCAL YEAR 2016-2017, ATTACHED AND Development INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ANNUALACTION PLAN FOR FISCAL YEAR 2016-2017 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 16-00213 Summary Form.pdf 16-00213 Notice to the Public.pdf 16-00213 Legislation.pdf 16-00213 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0132 Chair Hardemon: PH I. George Mensah: Good morning, Commissioners. George Mensah, director, Department of Communio) & Economic Development. Commissioners, PHI is a resolution ofMiami City Commission approving the City's Annual Action Plan for fiscal year 2, 000 and 1, 000 and -- 2016 to 2017, attached and incorporated,- authorizing the City Manager to submit the Annual Action Plan for fiscal year 2016-2017 to the U.S. Department of Housing and Urban Development for review and approval. Just as a background, this Annual Action Plan is basically the plan that -- it's like application that allows us to receive federal funds for the various programs. What it includes is just the amount that's already been approved by the Cit) Commission at the March meeting. City ofMiami Page 28 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Move it. Commissioner Gort: Second. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded by Commissioner Carollo that we pass PH.]. I'll open up the floor for public hearing at this time. You're recognized, ma'am. Renita Holmes: Good morning, Commissioners. And obvious, I'm Madam Holmes, 350 Labre from Overtown; a representative of the Women's Association Alliance Addressing Injustice and Violent Epidemic of Women in Public Housing and Education, those whom CDBG (Community Development Block Grant) funds target; those below poverty level and challenged. It's a big day for us and a big night, because we'll be gathering at the African Cultural Art Center, in partnership with the Black Affairs Advisory Board, to discuss the status ofAfrican-American and inner -cit) women. And while we have addressed many women, my Commissioner, and I'm so grateful to you, Commissioner, for appointing me, Commissioner Carollo, in my district, because we're about action. It's our concern that with targeted funds for us, how the gap for certain women and entrepreneurs and those of us who are challenged through the (UNINTELLIGIBLE), through intersecting factors; and I appreciate my Commissioner, (UNINTELLIGIBLE) Chair, entertaining that little sunshine. However, we're ready to move forward. But what's impediment is the lack of a catalyst in something that's accessible and accommodating for business owners with disability, which our Commission has a high rate of, and that report to the Black Affairs Advisory Board that we made today, I just don't want to give a report statistics and have someone else's grant be fulfilled and I still miss the mark of getting opportunities. I'll speak with you on the next item. I'm asking that gap services are taken-- looking at women and veteran women with disabilities, particularly those who terminal illness; and their economic opportunities, entrepreneurial agendas and plans are taken a look at. Can this be modified a bit? Chair Hardemon: Canyon ask (UNINTELLIGIBLE) -- Mr. Mensah: Excuse me; what was your question? What do you want -- what do you think needs to be modified? Ms. Holmes: Well, you know, I always encourage outreach and in -reach for participation, and unfortunately, that's another issue. It's just not going to happen; how to get poor people involved in the process they don't really understand. But that's not my situation. I think there needs to be an acceptance of some of the reports, recommendations that we attempt to make that really not have had the ear, and I've tried to meet with you on several occasions, you know. I know it takes 30 days to get in there, or it has to get a message back. You know, I'm very diligent, stuff happens, and it happens over and over again when it comes to participation and inclusion. Commissioners, I did visit. I do have an outline and report. I'm concerned that when African-American and inner -cit) women are supposed to get income -- I mean, participation about specific income, that is not accessible and it's not accommodating. I kind of feel that way about the poverty initiative, but you're looking at the first business in public housing for 20 years, and I made it from there. Why would I have any complications? Without tearing your ear Off or without pointing fingers -- and you know that in the past -- I don't know about you, Commissioner Russell -- you've heard me, you've seen me. I am doing my best to participate, but there's some internal issues, and I would say racism and discrimination is one. Tonight, you don't have to be there to hear more and dealing in Ebonics, but those women can save themselves. We've seen these women come here, and some of those women that we talk -- that were telling you about their experience are self-employed they're professionals, they have certifications. Why does not process or those that are given the monies actually qualifies ? Thinking, if we were to look at the Section 3 and the guiding federal funds that say that we're City ofMiami Page 29 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 City of Miami supposed to -- we still haven't gotten there yet, but at the Count), we have, so I'm stuck in the middle. I'm not accommodated, and there's some racism and discrimination going -- it hasn't been addressed. It's been brought forth, and here Igo again. Chair Hardemon: Well, thank you very much for -- to bring up all your concerns. George, I need you -- I know you have -- I'm sure you've met with Madam Holmes. She is someone that will continue to meet with the Cit) , as she should making sure that women, children -- minorio) women and children and business, those who are suffering from different ailments or physical disabilities are heard and get services, so I want you to just continue to meet with her. And when you have an opportunio) after meeting with her, come discuss it with me so we know exactly how it is that we can continue to support her. Is that fine? Mr. Mensah: Yeah, that's fine, Commissioner. And I'm ready to meet with Ms. Holmes at any time. The last time I met with Ms. Holmes, we talked and he had great ideas. Chair Hardemon: Right. Mr. Mensah: And I told him to put it in writing so I can see what are they missing, and I haven't heard from him. Chair Hardemon: You haven't received it yet, okay. Mr. Mensah: Haven't received it yet. Chair Hardemon: So we'll continue working on that. Mr. Mensah: So -- Ms. Holmes: And thank you. Mr. Mensah: (UNINTELLIGIBLE). Ms. Holmes: And -- but -- yes, but just again, I'm -- I would like to ask -- and I know it's short-term, but we've done vett' well. If someone from the Cit) could respond to the invites and --from the Count) and through us and through other women in the communio) to attend this meeting, because it is about our economic empowerment of inner -cit) women. Mr. Mensah: Send the invite to me and I'll accept. Ms. Holmes: Will do, absolutely. Thankyou, gentlemen. Thankyou, Commissioner. Chair Hardemon: Is there anyone else from the public that'd like to make a comment? Seeing none, I'm going to close the public hearing at this time. Is there any discussion on PH.1 from the board? Seeing none, is there a motion? Commissioner Gort: Move it. Todd B. Hannon (Cit) Clerk): We have a motion and a second. Commissioner Gort: You had it already. Chair Hardemon: Motion, great. Any further discussion? Seeing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: All against? Motion passes. Page 30 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 PH.2 RESOLUTION 16-00214 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING AN EXTENSION OF TIME FOR THE Economic PROGRAM YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT Development ("CDBG") CONTRACT BETWEEN THE CITY OF MIAMI ("CITY") AND THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENTAND PUBLIC SERVICE ACTIVITIES; EXTENDING THE CONTRACT END DATE FROM MARCH 31, 2016 TO SEPTEMBER 30, 2016, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 16-00214 Summary Form.pdf 16-00214 Notice to the Public.pdf 16-00214 Pre-Legislation.pdf 16-00214 Legislation.pdf 16-00214 Attachment A.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-16-0133 Chair Hardemon: Moving on to PH 2. George Mensah (Director, Communio) Development): Commissioner, PH.2 is a resolution authorizing an extension of time for program year 2015-2016 CDBG (Community Development Block Grant) funds from March 31, 2016 to September 30, 2016 for the agencies that are attached. Chair Hardemon: Is there anyone from the public like to speak on this item? Renita Holmes: Yes. Thank you again. Madam Holmes again, on behalf of Wave of Women in Public Housing, Education, Finance, and Development, as well Our Homes, and other business initiatives. I've been self-sufficient since raising my business and my not-for-profit out of public housing in 1993, even to a point of engaging on a Federal level and on a State level, and still performing. Yet, in this resolution, we did not make it because of that lack of accommodation, accessibility, and to create the catalyst internally to assure that it's done. I don't want to be punished for being innovative, but I do ask that we accommodate me through the application of this policy by adjusting that. We did not get our contract signed because of these impediments, or the systematic impediments. As persons with disabilio) , we're saying that the accessibility issue was a problem. We've stated to other agencies that do oversight that it's a problem. We swear under oath, as I do today. So here's the practice, and if I may, through the Cit) Attorney as well, register a possibility of me entering in this process to allow for more access and accommodation for businesses and qualified business owners, entrepreneurs, and tax payers, such as myself. We didn't get the contract because there is an issue of lack of accessibility. I've even attempted to meet with my Cit) Manager, who's met with us many times about trying to bridge this gap, but unfortunately, because of the time period, the outreach, and perhaps the lack Of understanding and knowledge about ADA (American With Disabilio) requirements and other stuff happen, and it would be punitive to pass this and modify it without giving us a fair City ofMiami Page 31 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 opportunii)�. Chair Hardemon: Madam Holmes. Ms. Holmes: Yes, sir. Chair Hardemon: I want to be very clear about something. It's difficultfor the City, the Commissioners, staff to respond to a comment like that, especially when -- hear what I'm saying to you. Ms. Holmes: Yes, sir. Yes, sir. Chair Hardemon: -- especially when -- I'll tell you the way that I think about it. When the Cit) Attorney hears a comment like that, her mind starts to think along the lines of lawsuit, 'Because you're making an allegation that these things aren't -- you're not afforded an cpportunio) to participate in this because of some sort of disabilio) , quote -- right? -- so you quote, you know, the ADA laws, and things of that nature. So immediately you start to think, Okay. Well, we will have to eventually defend ourselves. "Now, putting it on the record, like you're doing today, is -- it's a vett' generalized comment. And so, what happens is that we don't have any way of truly responding to you in a way that is sufficient, if there is some o pe of deficiency. And so, what I'm saying to you is that it would be best if you draft something in writing that is more particular, that is keen on the issue so that the Cit) has an opportunio) to look at it, to respond to it, to make corrections, to accommodate the people that you're advocating for. If you help us do that, it'll help in our response to you, rather than us hearing you for the moment and then, in the next meeting -- or the next year, we have the same issue. So I want to help you solve these issues, if there is some sort of deficiency in our process that hurts those who suffer from some sort of disabilio) . Is that fair? Canyon help work that out? Ms. Holmes: Yes. But to give you fair understanding, it's because I've moved from that point to this point; it's because it's progressive. It's because I know you may have a system of every 30 days responding and having to do that, so I'm not accusing,- I have gotten documents. I don't know what the internal system is, EEOC's (Equal Employment Opportunio) Commission) system is. Chair Hardemon: But what I'm saying is that you -- Ms. Holmes: But my --please -- my apologies. I'm following you, so I'm trying to tell you what the impediments; really not disrespect; to bring you something about a class. I can't help it; I am a class action representative. My problem is why do everybody else that look like me, have my income, or woman like me can't get it past the internal systems? So there is documentation, and you know that, because it's been some given to you about particularly focusing on it, but I don't want you to think that l'm just coming to this -- we've had conversations under the sunshine and some here. Chair Hardemon: Okay. Ms. Holmes: I want you to focus on removing the impediments internally, and racism is something you can't do, or perhaps lack of understanding, or communications; perhaps, there's some o pe of selected profile communication that says, "This one can do, butt cannot, that Constance can do, but Renita cannot, that Commission on the Status of Women in Dade Count) cannot" -- I've ran the gauntlet as this mouth, but for you, I will redo that again. Sometimes it's easy as resending; and instead of going through what we have a system here, I'll give it directly to you, but then it becomes public record. Chair Hardemon: No, I understand. City ofMiami Page 32 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Holmes: So this might work. So does -- Chair Hardemon: I don't have a problem with public record. I don't recall any -- receiving any document and reading that talks about those processes. However, what I'm saying to you is that Ms. Holmes: Put it in your hand? Chair Hardemon: --it's just much --I don't recall; that's it. I get --I read a lot of documents. Ms. Holmes: It's okay. But I won't minimize my efforts to do what you asked me to do, so, yes, sir. Chair Hardemon: Because -- Ms. Holmes: I'll do it again. Chair Hardemon: -- I wanted to ensure -- because it's vett' difficult to respond to allegations without -- when -- I'm sure, when George hears an allegation, he wants to say, listen, that's not true, this is not true, that may be true; that there's an explanation for this; that" -- but we don't have the time at this meeting to do that. Ms. Holmes: No, sir. Chair Hardemon: So the best thing to do is to really organize ourselves and our thoughts so that we can tackle these issues outside of the City Commission meeting where we have a certain amount of time to approve certain agenda items, so. Ms. Holmes: So it's been two years; and you know, povero) initiative has been two years. You know, how old am I getting here? Chair Hardemon: All right. I'm not going to have this long discussion about this here. Ms. Holmes: No, I just don't want a misunderstanding about allegations. These are actually committed documents that you have not -- but I'm swearing here on my face and in this -- Chair Hardemon: I know. And we -- and I believe you -- Ms. Holmes: And I want to -- Chair Hardemon: -- but I just want -- Ms. Holmes: Allegedly, it was not given and not done. Chair Hardemon: To be honest with you -- Ms. Holmes: I am so (UNINTELLIGIBLE). Chair Hardemon: --for me, instead of going through all of this -- Ms. Holmes: Yes, sir. Chair Hardemon: -- over and over again, I would rather you file a lawsuit against the Cit) and say, "These are the things that you violated. " City ofMiami Page 33 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Holmes: Poverty woman filing a lawsuit? Chair Hardemon: Hear me. Ms. Holmes: Really? Chair Hardemon: Hear what I'm saying to you. Because at least it's an avenue of moving. You've decided to do something, and we have to respond to it in a certain amount of time. And within a certain amount of time, if there's no response, you win the judgment, and we move forward versus having discussion -- Ms. Holmes: I pay -- taxpayers pay for the legal -- Chair Hardemon: -- (UNINTELLIGIBLE) -- Ms. Holmes: -- services, too. Chair Hardemon: --we could do a lot. Ms. Holmes: We can do better than that, but I think to ask me to do that -- Chair Hardemon: So what I'm doing now -- Ms. Holmes: -- we can't, we're doing that, but -- Chair Hardemon: So -- okay, so what I'm doing now is just saying to you -- is that this is not the time to have these long discussions about these items. What particularly, we're talking about is passing item PH 2. You've had your opportunity to speak; your time has expired, and I have to move to the next person that needs to speak so we can continue. Ms. Holmes: Thank you for the --for opportunio) to tell you what we're trying to fairly access. Chair Hardemon: Okay. Ms. Holmes: Thank you, sir. Chair Hardemon: Thank you. Victoria Mendez (City Attorne)): Chairman, if -- I just need really quick, based on the resolution that was passed last Commission that Commissioner Carollo had sponsored about emailing the draft agendas and things of that nature earlier, I think that Ms. Holmes will get these things earlier when she gives us her email address to be part of this. And then I have given her in the past our CD (Community Development) attorney, GiGi Soliman, so she could call with any questions; we're accessible; Mr. Mensah's always accessible, and we'll make sure that we iron these things out with her. Chair Hardemon: Okay, thank you so much. Thank you. Brenda Betancourt: Good morning. Chair Hardemon: Good morning. Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just actually was --voice what the attorney say. We hear a lot in the communio) . There's --some woman [sic] are having City ofMiami Page 34 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 hard time getting the access for the CDBG money or any other grant. So I will just ask the Cit) if it's any possibility that we can get not just the email, but some sort of publicity that actually people can read it and have access to it? Because we hear it not just in Overtown, but in other areas, but sometimes it's difficult for them to navigate it, and maybe it's not the Cit); maybe it's the people that are not used to the way how the things are, the steps, and maybe that will help a little bit everybody to feel that they are part of it. Chair Hardemon: Thank you vett' much. Ms. Betancourt: Thank you. Chair Hardemon: George, how is it that you advertise these O pes of --? Mr. Mensah: I'm going to respond to it. Commissioner, as you know, before we even come here to make any allocation, especially on the annual allocation, we do what is called "a public hearing" in every district. We go to every district. And those are advertised through our NET (Neighborhood Enhancement Team) offices. In the newspaper, we are required to do that. We have put it on our web site. It goes to the NET offices. We even have a card, a card that we make out of a postcard that we make; that we can mail it, and it's put everywhere, because we wanted participation of everyone in the community to be able to be there to see how the CDBG funds are used who got funding for the previous years, and how we intend to fund the agencies in the following year, in future years. So we do that because, one, we're required by law to do it, as part of the CDBG process; and two, because you also want the residents, and especially the communion associations and those things to know that we are meeting, and we are going to allocate. All the agencies and anyone that has an organization that is registered with the Cit) get a notice of this meeting. And we do get sometime people that -- who had nothing to do with CDBG businesses will show up to come and make comments about how they want things to be done in their communion, so that's the first part, before we even go and do any allocation. When we are going to allocation -- when we do an REP (Request for Proposals), we also have advertise it; we send it out to all the communities so everyone is aware that there's an application period. In addition to that, we also do an application workshop, which is also advertised, so everyone will be aware that there's the workshop. So we have all these processes that do take place, one leading to the other, leading to the other, before we finally come here. So when we reach the Ciov Commission -- we also advertise 30 days in advance of evevy item that we bring to the City Commission. That is how our process is, and that's how our process has been for a long time. Now, if there is any other way to reach the public, we definitely would like to hear so that we can be able to put it as part of our process. Chair Hardemon: So if there are any suggestions that you have that would increase the likelihood of the people that you represent receiving notice, can you please share that with George? Mr. Mensah: Share it with me, and I'll definitely do that. Ms. Betancourt: Yeah. Chair Hardemon: And assure the CDB -- Mr. Betancourt: I think, Commissioner, something that we need to make sure is when we announce all these applications, they are in newspapers or communication the people must read. If you have -- have you got it in the Miami Herald and Diario de las Americas? You know, newspaper that people read, because sometimes we do communication to cover our self about the law that you have to announce it, but don't announce it in a place that nobody's going to read. City ofMiami Page 35 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: So do -- what newspapers do you advertise? Mr. Mensah: We are --first of all, we are required to advertise in the newspaper of -- which is widely read, of wide circulation. That is the requirement, so we do that. But that's not the only thing we do. In addition to that, we put it in our NET offices; we email it to anyone that is on the email list or -- Chair Hardemon: Do you know what newspapers it is that you advertise in? Mr. Mensah: Miami Herald. Chair Hardemon: Miami Herald Mr. Mensah: Yes. Chair Hardemon: Do you advertise in --? Well, there's a list of prioriov that we all -- Mr. Mensah: We don't -- and the reasons is simple. We don't because of, first of all, the cost involved in it. It's been -- and also, because of the 30 days' notice, sometimes we -- some of the newspapers are weekly; and if we want to advertise anything, we probably need 60 days' turnaround, and that is vett' impractical, so we've talked to Miami Herald, which is the (UNINTELLIGIBLE). We tried in the past, and it just didn't -- it didn't work for us, so we did Miami Herald And that's the reason why -- like she said, most people don't read Miami Herald, but we do it just because of (UNINTELLIGIBLE) we are required. Then what we do is that -- the other things that we do I think are more -- much more effective than the newspaper. Chair Hardemon: So, what I'd like for you to do is to come up -- you don't have to say them here, but just come up with some things that you believe would increase the likelihood that the people that you represent are noticed. Yes, we notice by law; we follow the law, but you might want to increase our ability to touch more people, because I can certainly say that I want to see some more diversity in the applicants. So, if you could take just some of those recommendations, we could hear them seriously -- Mr. Mensah: Definitely. Chair Hardemon: -- and then we move from there; is that fair? Vice Chair Russell: Mr. Chair. Ms. Betancourt: Yeah. I just want to love for all of us to be able to do it, because it's not the same. If you see the same applicant for the past 15, 20 years, they're the same people. Chair Hardemon: Yeah. Ms. Betancourt: And nobody else or either know or qualify or understand so that's my only question. Chair Hardemon: No, I understand. Ms. Betancourt: I understand that he's doing what he does, and he's doing what he's supposed to be doing, but if we can maybe just tweak a little bit and reach a little bit more out, it would be better. Chair Hardemon: I understand, but the one thing you can't force people to do is apply. City ofMiami Page 36 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Betancourt: Oh, no. Chair Hardemon: And so, you know, the Cit) Commission, we -- we're here. We know that we have CDBG processes every single year. You might not know when it exactly starts, but you can certainly find out. You know, when I was on college --in college campus and we were pledging, people always come tons towards the vett', vett' end and would say, Well, I want to be an Alpha" Ms. Betancourt: Running. Chair Hardemon: -- and I never understood that. They say -- and they would say, Well, I didn't know that it was time to do it. "I said, "You know when the best time is to start the process of trying to become an Alpha? The day that you see someone probate, which is the day they actually become an Alpha so you know from that day, you have at least 365 days until the next line comes, okay? So this is the time now to get involved with the process. Vice Chairman. Vice Chair Russell: Thank you. This is my first year working with the CDBG funds, and I can see how important it is; that this is one of the most important things that we are tasked with in allocating these funds, and I'm very thankful to Mr. Mensah for helping walk me through this process from the day I came into make sure that my funds are allocated responsibly. That being said I do see that there is --I have a sympathy for Ms. Holmes, and I see exactly what you're talking about. I do understand and sympathize with this, because in my first time of allocating these funds, it's not that I felt a pressure to the status quo, but it's that we have established not -for -profits who receive these funds, and it's easiest, and they expect that they will receive them in the next year, so much so that we're allocating before some of them have even applied. The deadline's there, and many of them haven't even applied and we're still doing it; what I didn't feel was a tremendous outreach for new blood into the system, and that's important. It's difficult because you do have people who are counting on those funds, who have received them in the past, who are expecting, but to expect that those who don't necessarily know the system, who aren't in the system to be reading the paper, I'm very open to exploring a new system of outreach to really let the potential awardees of these grants know that they're available and how to apply, and it's along process. I am vett' proud of the applicants that were granted within my district this year, but I would love to explore a longer process where I can really do outreach and find new programs that can benefit from these funds. Chair Hardemon: Is there any other comment from the dais? Seeing none, is there a motion? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved -- Vice Chair Russell: Second. Chair Hardemon: -- and seconded that we accept, pass PH.2. Any further discussion? Hearing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. PH.3 RESOLUTION 16-00219 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DISTRICT", A SUBDIVISION AND A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY City ofMiami Page 37 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE ASSET FORTH IN "EXHIBITA", ATTACHEDAND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 16-00219 Summary Form.pdf 16-00219 Notice to the Public.pdf 16-00219 Back -Up from Law Dept.pdf 16-00219 Legislation.pdf 16-00219 Attachment 1.pdf 16-00219 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0135 Chair Hardemon: PH 3. Commissioner Suarez: Did we do 2 already? Eduardo Santamaria: Good morning, Mr. Chair, Commission. Ed Santamaria, director of Public Works. PH 3 is a resolution accepting the proposed plat of district located along the north side of Northeast 36th Street, from Northeast IstAvenue to Northeast 1st Court. Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved -- Vice Chair Russell: Second. Chair Hardemon: --and seconded that we pass PH 3. Is anyone from the public that'd like to speak on this item? Seeing none, the public hearing is closed. Any further discussion on the dais? Seeing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. PHA RESOLUTION 16-00218 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Works ACCEPTING THE PLAT ENTITLED "MELODY", A REPLATAND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL OF THE CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBITA", ATTACHEDAND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY City ofMiami Page 38 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, LOCATED ALONG THE NORTH SIDE OF NORTHEAST 14 STREET, AND ALONG THE EAST SIDE OF NORTHEAST 2 AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT A QUITCLAIM RIGHT OF WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "D", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES IN CONNECTION WITH SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLATAND DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 16-00218 Summary Form.pdf 16-00218 Notice to the Public.pdf 16-00218 Back -Up from Law Dept.pdf 16-00218 Legislation.pdf 16-00218 Attachment 1.pdf 16-00218 Exhibit A.pdf 16-00218 Exhibit D.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, Russell, Carollo, Suarez and Hardemon R-16-0139 Chair Hardemon: PH 4. Eduardo Santamaria: Again, Ed Santamaria, Mr. Chair, Commissioners, director of Public Works. PH 4 is a resolution accepting the proposed plat of "Melody, " located along the north side of Northeast 14th Street, and along the east side of Northeast 2nd Avenue. Chair Hardemon: Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing. Any motions? Commissioner Suarez: Move it. Chair Hardemon: It's been properly moved -- Commissioner Carollo: Second. Chair Hardemon: --and seconded that we accept this item. Any further discussion? Seeing none, all in favor, say lfye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PH.5 RESOLUTION 15-01439 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ILANA", A REPLAT IN THE CITY OF MIAMI, OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE City ofMiami Page 39 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 PLAT AND STREET COMMITTEE ASSET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-01439 Summary Form.pdf 15-01439 Notice to the Public.pdf 15-01439 Legislation.pdf 15-01439 Attachment 1.pdf 15-01439 Exhibit A.pdf Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0136 Chair Hardemon: Moving on now to PH 5. Eduardo Santamaria: Good morning once again, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. PH 5 is a resolution accepting the proposed plat of Ilana, located between Northeast 30th Terrace and Northeast 31st Street on the west side of Biscayne Bay, and also between Northeast 31st Street and Northeast 32nd Street, and between Northeast 7th Avenue and Northeast 4th Avenue. Chair Hardemon: As stated earlier, PH 5 has been opened and closed for public hearing, along with RE.6. Is there any discussion or a motion from the Commission? Vice Chair Russell: Move it. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded. Movant is the Vice Chairman. Any further discussion? Seeing none, all in favor, say 5ye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Iris Escarra: Thank you very much, Commissioners. And thank you again to the City staff that came out last night and hung out with us and the community and answered other questions, so thank you. Chair Hardemon: Thank you. Victoria Mendez (City Attorney): Chairman, I just wanted to advise you that Ms. Escarra's birthday is today. Commissioner Suarez: Happy birthday. Chair Hardemon: Happy birthday. Applause. City ofMiami Page 40 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Does that add to the fees that you're (UNINTELLIGIBLE) ? Ms. Escarra: There's a bonus. There's a multiplier. Commissioner Gort: Where's the part)? Chair Hardemon: Congratulations. PH.6 RESOLUTION 16-00329 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER APPROVING THE RETROACTIVE SELECTION OF KENT SECURITY SERVICES, INC. FOR THE PROVISION OF SECURITY GUARD SERVICES CITYWIDE FOR AN AMOUNT NOT TO EXCEED $50,000.00 FROM MARCH 1, 2016 THROUGH APRIL 21, 2016. 16-00329 Summary Form.pdf 16-00329 Notice to the Public.pdf 16-00329 Pre-Legislation.pdf 16-00329 Back -Up from Law Dept.pdf 16-00329 Legislation.pdf 16-00329 Exhibit -Manager's Approval Memo. pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PH 6 was deferred to the April 14, 2016 Regular Commission Meeting. PH.7 RESOLUTION 16-00254 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE PROVISION OF COMMERCIAL CARD SERVICES WITH JPMORGAN CHASE BANK, N.A., ("JPMORGAN") FORA TWELVE (12) MONTH PERIOD FROM APRIL 1, 2016 THROUGH MARCH 31, 2017, ALLOWING FOR CONTINUITY OF SERVICES AND PROCUREMENT OF A NEW CONTRACT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE PARTICIPATION AGREEMENT WITH JPMORGAN, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 41 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 16-00254 Summary Form.pdf 16-00254 Memo - Manager's Approval. pdf 16-00254 Notice to the Public.pdf 16-00254 Pre-Legislation.pdf 16-00254 Legislation.pdf 16-00254 Exhibit.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0138 Chair Hardemon: PH 7. Annie Perez: Good morning, Chairman. Good morning, Commissioners. Annie Perez, director of Procurement. PH 7 is a resolution basically confirming the City Manager's finding, waiving the competitive sealed bidding procedures as not being practicable or advantageous to the Cit) for the provisions of commercial card services. Basically, this is our P- Card services with JPMorgan Chase for a 12 -month period, from April 1, 2016 through March 31, 2017, to allow for the re procurement of these services. Chair Hardemon: Is there anyone from the public that'd like to speak on this item? Commissioner Suarez: Move it. Chair Hardemon: Been properly moved -- Vice Chair Russell: Second. Chair Hardemon: --and seconded by the Vice Chairman. And so now I'll open up the public hearing at this time. Seeing no persons that want to speak on public hearing, I'll close public hearing. Any further discussion from the Commission? Seeing none, all in favor, say 5ye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. END OF PUBLIC HEARING FIRST READING ORDINANCES FRA ORDINANCE First Reading 16-00230 Department ofPublic AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FORAN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 42 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 16-00230 Summary Form SR.pdf 16-00230 Memos with Location Maps.pdf 16-00230 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: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Chair Hardemon: We're in our first reading. FR. 1. Daniel J. Alfonso (Cit) Manager): FR.1 is an ordinance of the Commission, amending Chapter 54, Article 5, Section 54-190 of the Code of the Cit) of Miami, Florida, as amended entitled Streets and Sidewalks/Base Building Lines/Nonstandard Street Widths, 'by modifying the width of Northwest 28th Street, between Northwest 2nd Avenue and Northwest 3rd Avenue, Miami, Florida; containing a severabilio) clause and providing for an immediate effective date. Chair Hardemon: Is there any -- is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing at this time. The Chair would entertain a motion to -- Commissioner Suarez: Move it. Chair Hardemon: -- pass FR. 1. It's been -- Vice Chair Russell: Second. Chair Hardemon: -- properly moved by -- Commissioner Carollo: Second. Chair Hardemon: --Commissioner Suarez; seconded by Commissioner Carollo. Any further discussion? Hearing none, all in favor, say 5ye. " The Commission (Collectively): Aye. Todd B. Hannon (Cit) Clerk): Chair, it's an ordinance. Chair Hardemon: I'm sorry; ordinance. Victoria Mendez (City Attorney): It was read into the record by the Manager. Mr. Hannon: Thank you, Mr. Manager. 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, 5-0. Chair Hardemon: Thank you very much. FR.2 ORDINANCE First Reading 16-00217 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACTAND OTHER RELATED FEES/IN GENERAL" BY AMENDING SECTION 13-16 ENTITLED City ofMiami Page 43 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 F R.3 16-00371 District 2 - Commissioner Ken Russell "ADMINISTRATIVE PROCEDURES FOR PETITIONS FOR IMPACT FEE DETERMINATIONS AND AFFORDABLE HOUSING AND WORKFORCE HOUSING DEFERRALS, REFUNDS AND CREDITS" TO SUBSTITUTE REFERENCES TO THE "CHIEF OF OPERATIONS" WITH "CITY MANAGER'S DESIGNEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 16-00217 Summary Form SR.pdf 16-00217 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Chair Hardemon: FR.2. Daniel J. Alfonso (Cit) Manager): FR. 2, Commissioners, is an ordinance of the Miami Cit) Commission, amending Chapter 13, Article 1, of the Code of the Cit) of Miami, Florida, as amended, entitled Development Impact and Other Related Fees/In General'by amending Section 13-16 entitled Administrative Procedures for Petitions for Impact Fee Determinations and Affordable Housing and Workforce Housing Deferrals, Refunds and Credits7o substitute references to the "Chief of Operations Ivith "Cit) Manager's Designee"; containing a severabilio) clause and providing for an effective date. In effect, this is -- we passed previously an ordinance allowing for the deferral of fees for affordable housing. In the Code, currently, it is the Chief of Operations that is entitled to make that deferral. Affordable housing doesn't fall under the Chief of Operations, so we're making it the Manager's designee. Commissioner Suarez: Move it. Mr. Alfonso: And that's what this has done. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded that we pass this item. Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing. Any comments from the dais? Seeing none, all in -- well, roll call vote. Todd B. Hannon (Cit) Clerk): Thank you, Chair. One moment. 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, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO AMEND SECTION 2-885, ENTITLED "TERMS OF OFFICE; TERM LIMIT WAIVER", AND SECTION 2-886, ENTITLED "ATTENDANCE REQUIREMENT", TO PROVIDE THAT BOARD MEMBERS' TERMS MAY ONLY BE EXTENDED FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM; PROVIDING THAT SUCH EXTENSION MUST BE APPROVED BY FIVE (5) MEMBERS OF THE CITY COMMISSION; FURTHER PROVIDING THAT City ofMiami Page 44 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 BOARD MEMBERS WILL ONLY BE ENTITLED TO ONE (1) EXCESSIVE ABSENCE WAIVER DURING THEIR TENURE AS A MEMBER OF A BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00371 Legislation SR.pdf Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item FR.3 was deferred to the April 14, 2016 Regular Commission Meeting. Chair Hardemon: FR.3. Vice Chair Russell: Oh, yes. Thank you, Mr. Chair. FR. 3, basically, we're taking up -- we took this up a little bit last week; we had a discussion, but I wanted to wait until we had the entire Board here. This has to do with the five -fifths waivers of term limit for board appointees, and I know that this is a very touchy subject, because this will affect the people who have been on the boards the longest, and I certainly don't want it to seem as though we don't value their input or their institutional knowledge; it's simply a -- in the spirit of democracy that we're trying to encourage more people to get into the system, and get involved in our boards, and value their opinions, and bring forth legislation tons that we can bring forth and vote on, I really want to encourage more people to get involved with our boards, and one of the things I feel that would help in that is that we enforce our term limits. All of us have term limits; and no matter how valuable any one of us is in terms of how much knowledge we've gained, when it's our time to go, it's our time to go. And if we want to stay involved, we can get involved in the Cit) in other ways; we can run for something else; we can join something else, and I would encourage our board members to do the same. But if we simply always, as is historically true, give the five fifths waiver, and allow people to extend for another full term, we're not really encouraging others to get into the system. And so I wanted to really discuss this with everyone and really see where the appetite is for this; how you all feel about this suggestion. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you the problem that I've had with that. In my district, it's very difficult to get people to volunteer. I mean, the CIP (Civilian Investigative Panel), they can tell you about the problems they had in getting people to become part of the board members. I don't mind bringing new ideas; I think it's very important. I think we listen to a lot of your ideas you're coming up with, but I -- in my district, I have to tell you, it's very difficult, because I got people that working constantly. And maybe we should not only analyze the people that going to participate; look at some of the boards, because I have people that going -- that I have appointed to a board. After three or four meetings, says iio,° they get out of it, because they don't believe that it function the way it should be functioning, or they're doing what they're supposed to be doing, so that's one of the reasons. And as long as you say the five Commissioners, I'm sure if I request for a five -Commission vote, I'll have the arguments to make sure that they pass. I don't have any problem with this, but I want you to know, I do have problem getting people to serve on my board. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized. Vice Chair Russell: And I recognize this, as well coming in, and having to fill all these board positions, and how many boards is it that we have to appoint to? Is it --? Where's the Clerk? 30 or 40 altogether? City ofMiami Page 45 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Gort: Yeah, too many. Nicole N. Ewan (Assistant City Clerk): 30 -something and counting. Vice Chair Russell: Thank you very much. It's a tremendous task and responsibilio) , and it is hard to find these people. And as I mentioned in the last Commission meeting, I've created a mini system just using Google sheets and docs to create a site where people can apply for these boards and, first of all, know what they are. It's preto) amateurish. We did it in-house, but it's worked. And in the last month, we've had now over 130 applications for the boards within my district for the applications -- I mean, for the spots that are coming available, and I want these people to have access to get involved, and part of it is making space for them as people term out. I would -- rather than just trying to do this on a district basis, I'd like to entertain the idea of doing something cio) wide that will really strengthen our boards in terms of recruitment, because right now, it's very difficultfor someone who just goes, You know, I don't know a lot about how things work in the Cit) , but I'm interested, " that they can go to some place and know what boards are available, what they do, who's on them, who's termed out, and that information's not very easily accessible. So I met with someone from FIU (Florida International Universit)) yesterday, and I don't know if they've got a representative here today, but they've actually offered to do a hackathon and, basically, create a new site for us that will integrate with our Cit) site, that will have all the bells and whistles of public participation and transparency on our boards to really teach the public, and invite the public, and do outreach, and find new prospective talent that can join our boards, because I recognize, by limiting this term issue, we're creating a problem if we don't have a new supply; and that's just the first step, because beyond that, I want to study how many actual legislative items we've brought based on suggestions that have been brought up from our board. Are we valuing our boards and using them? Are we tasking them? Are we reaching out to them and saying, Tin looking for legislation having to do with this. Can you guys work on this ?'and almost as a subcommittee. And I think they can be our biggest asset. And so it's not that we cannot do a five fifths to extend someone's term. My goal here is that their term only extend for one year; not whatever that full term, whether it's another four years or whatever, so that we're kind of on notice as a Commission to know that we've got another year to fill that spot that we've allowed someone who's already termed out to stay an extended period, but not that it's going to extend them for another full term, so it's not a complete cut-offIt's a -- it's something that will encourage us to find more people, so. Chair Hardemon: Vice Chairman, you know, the issue that I have with this piece -- this ordinance is that I feel like we're legislating something that doesn't have to be legislated So, for instance, there were board members that were appointed to boards before I became Commissioner, and the way that O pically the boards -- that the ordinance is written, it usually says that the person serves until they are reappointed; or there's a new Commissioner who comes in, and that Commissioner then reappoints or appoints someone different. And so I say that to say, when I come -- when you sit down as Commissioner, you have the cpportunio) to appoint whomever you want to those boards, and it is the Commissioner's individual prerogative to reappoint someone who's already served or to appoint someone new, and so -- and then equally, if you choose to -- if the Board decides that we want to waive, for instance, a term limit, that is a decision that is moved by the Commissioner who's making that appointment. So, if I say on the Waterfront Advisory Board Commission -- Committee -- however you put it -- if I look at them and I say, Well, I have an appointee. I'm satisfied with that appointee's work. Historically, the person has been providing, you know, good resources to that committee, and I want to reappoint that person, 'that is something that the Commissioner chooses to do. And so, with this ordinance, in a sense, we tie our hands. And so, imagine, if I look at a board that, historically, has had some good representation, and I say, Okay, I want that person to serve on my board, 'and they never served on it before, then I will then say, "I won't be able to do it. " That person has served, say, for instance, two terms; they've been extended once; and now, when I finally have an opportunio) to appoint them, I can't. And so that is part of the trouble that I have with this. If -- City ofMiami Page 46 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 for instance, if I feel like -- like right now, I'll be making some changes to the Community Relations Board, and with the changes I make to Community Relations Board is because we've heard, historically, that we haven't had great attendance, and I've noticed that two of my members haven't been in attendance, and they are people who are advocates in the community, and I'm surprised, because this is the type of things they advocate for; however, their attendance has been poor, and so now it's on me to make a change to my appointment, and I will be making that change. And so, I would rather have the flexibility to make those changes myself than to be told that I can't appoint the person that I choose to appoint. And I also welcome people --I've introduced new board members, young and old, to different boards so that people become a part of what's happening in the Cit) of Miami. However, it is a challenge to find board members who are willing and who have the same -- and I will say, the same goals for the Cit) of Miami as I do. Just because someone applies to be on a board doesn't mean that they'll be fruitful in their work on that board, and that's something that we have to juggle. Commissioner. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you. First, I'd like to begin by commending you in bringing innovative ideas to this dais so we could discuss and debate. You haven't been here long enough, but I always welcome the discussion and the debate. I think it's extremely healthy. Even on my own items, I mean, I welcome -- I have always welcomed the debate, the discussion, because by vetting an idea, I believe we only make it better. So I appreciate your thinking outside of the box, and innovation to bringing this forward; and more specifically, working with FIU, because I think the consensus here right now is that in some boards, it's extremely hard to find people that want to serve. So I have a question: Have you found anyone that has told you, "I would really want to serve on this board, however, it's all taken up. All the positions are taken up, and, you know, there's no opportunity for us "? And I'll tell you why. Because, for the most part, I have seen that there's vacancies on all the boards; some exceptions. I'll tell you right now, Bayfront Park, yes. A lot of people still wish to be on Bayfront Park, and stuff like that, but that didn't just happen, you know. Since I've been chairman -- and obviously, I don't have to say it. I'm not going to boast, but I'm very proud of my chairmanship there at Bayfront Park. We've really elevated that board. And by the way, there were changes in the beginning, you know, and we have a very good mixture of new people; however, we also have institutional knowledge, people that have been therefor many years, so it's a good balance. But for the most part, aside from Bayfront Park, I don't think there's too many boards that do not have vacancies, and I think that's what all the members here are trying to say: "Hey, listen, we haven't seen where there's an issue. " With that said, two parts: First of all, I think everybody here welcomes your innovative idea with FIU in order to attract more people to serve on boards. I think --let me tell you something: Kudos to you. I think it's great; and actually, why term limits also work, because we're getting new blood with new ideas, and that energy, so I welcome it. At the same time, I think what the Chairman said realistically, right now, if there is a board or a board member that you feel, "Hey, listen, he's been on the board, or she's been on the board for Y number of years, there's a fifth fifth, " so you actually have the power to not vote for that person, so there is a mechanism in place. And when I read your resolution, I also noticed -- and I'm sorry; it's an ordinance. When I read your ordinance, I also noticed your concern with waivers for excessive absences, which I think you're correct, and again, I applaud you for, you know, looking into that, because I think it's true. I believe, if you are a board member and you have made a commitment, you should own to that responsibility and show up, which, again, we have found as you will see, it is an issue. So you wonder, you know, do they really want to serve or not? And if they don't want to serve, there are still vacancies on that board. So I know what your intent is, and I agree with your intent. I don't know if putting -- tying our hands, so to speak, is the right way, because I could tell you, there are certain board members that will need a fifth fifth waiver, and they've done a remarkable job over the years, and I think they will really genuinely want to continue serving and will continue doing a good job, and I think that is probably the resistance or the City ofMiami Page 47 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 primary resistance that you're facing. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. And to answer your question, no, I did -- I certainly did not bring this out of any one person who was trying to get on aboard that doesn't have space. This is more a process situation where I'm looking at -- the five -fifths waiver is that someone deemed it so important -- I mean, there's very few things that we have an actual five fifths waiver on that all of us need to unanimously agree to move something forward, and this is one of them. When someone is termed out, that they've served their term, and one of us wants to reappoint them, all Of us have to agree. That being said, the opposite effect sort of happens, because by creating that five -fifths waiver for one of us to speak out, it's a very strong statement against the other Commissioner's appointee, and it could be taken very personally, and I think that may have had an effect, because -- Mr. Clerk -- Todd, if you could, in your history as Clerk, have you found at any time where the five fifths waiver has not been met for a term limit extension? Todd B. Hannon (Cit) Clerk): It's been my experience that the Commission has shown deference to the Commissioner requesting the 5-5 term waiver. Chair Hardemon: Now, the term waiver is one thing. However -- Vice Chair Russell: That's a four -- okay. Chair Hardemon: -- I've meant to -- I've attempted to appoint someone to a board on this Commission, and it did not follow through, so -- Vice Chair Russell: That I know has -- Chair Hardemon: -- (UNINTELLIGIBLE) simple majorio) . Vice Chair Russell: -- has been challenged, but that's not the five -- the five -fifths on the term limit has never been challenged to my knowledge. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: And by the way, what Commissioner Hardemon -- Chairman Hardemon stipulated -- or stated has happened more than once, where a member has been nominated or sponsored and the Commission has not voted. Chair Hardemon: And that's a simple -- Commissioner Carollo: It's happened more than once. Chair Hardemon: -- majorio) . Vice Chair Russell: That's a simple -- I do understand that, and I think there's an openness for that. But on this extension of term limit, especially on someone who's been on a board forever, the pressure is onus to agree with that person; and, if that's the case, I would say, let's just get rid of the term limits. I mean, if we're never going to challenge each other on the term limit waiver of a five fifths, as important as that is, if we believe we should be allowed to just reappoint someone because we feel they're important, not --you know, it's --you may have very City ofMiami Page 48 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 valid reasons. I mean, our President of the United States may be great enough to where we want him to continue serving; he's done so well, but we can't. And there's a reason we tie our hands to force us to bring in new blood, to force the system and process to continue, and I just feel like we should Feeling the hesitancy in this --and I understand where you all are coming from on this. I would be open to possibly amending this not -- because right now it says, "extend for one year, " instead of a full term, and only once. I would be willing to amend this to say, 'for a one-year extension, but open for further one-year extensions, " and I know that seems, in principle, as though it doesn't fully give teeth to it, but what it's going to do is it's going to force us to look at it on an annual basis and give the allowance for new blood to come in and not have to wait another full four years. Because, if someone served their entire term, it's my opinion that they should move on to another board, to another -- they can still attend the meetings, their involvement, but we should start the search and look to fill those spots, and I'm wondering if there's an appetite for that. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I just want a point of clario) from our City Clerk. I believe, every time we appoint someone, it's for a one-year term. Victoria Mendez (City Attorne)): Right. That's what I was looking at, and that's already in there as it is. Vice Chair Russell: The -- Ms. Mendez: It's not for the full term -- Vice Chair Russell: After the full term, it's only a one-year. Ms. Mendez: Right. It's additional one-year term by unanimous vote of -- by members of the City Commission. Vice Chair Russell: Okay. Commissioner Carollo: Correct. So I think when we appoint, it's for a one-year term. So whenever we do a five -fifth waiver -- and I get it, the importance is there; everybody understands it -- it's only for a one-year term, so, in essence, it's there already. And I'm going to say something that's probably not too poplar: Sometimes the votes on here aren't easy. I mean, this is not an easy job. Sometimes you have to take a stand and vote against your colleagues. And I'm telling you, with all due respect to my colleagues -- and we'll have an issue later on today on the CRA (Communio) Redevelopment Agenc)), where I have voted against some of those budgets, and I think some of the issues will --you know, you have brought up recently, you know, and it's not popular, because, I'll be honest with you: These are my colleagues, you know. I don't want to seem like the bad guy. I don't want to -- but you have to sometimes vote your conscience and know exactly what's right, so it's not easy sometimes, but that's why the ordinances is in place right now that it's a fifth -fifth. Any one of us could say, "no. " You know, I -- and I tell you this, you know, in a way with -- like I said, with all due respect to my colleagues, and we do have collegialio) in here. I mean, we do try to find consensus, you know, and I think that's why we all respect each other, and it's not -- you know, we don't make things personal, but at the same time, for the most part, I have seen, we vet things, and we try to work with one another to see how we can vet an issue to find some consensus. So even now, I'm trying to see, okay, how can I work with your wishes in order to make it happen so you feel comfortable, but at the same time, everyone here feels comfortable? And, you know, since I've been here -- and correct me, someone -- one of my colleagues, if I'm wrong, but since I've been here, I think that's what all of City ofMiami Page 49 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 us have tried to do; you know, work with one another -- Commissioner Gort: Mr. Chairman. Commissioner Carollo: -- in order to vet and move something forward. ChairHardemon: Commissioner Gort. Commissioner Gort: The one thing that I will not remove or change is a waiver for -- I will not have any waiver for excessive absentee. Anybody who doesn't come to the meetings should not be reappointed by five fifth or anything; automatically should be out. I think you already have that in the ordinance; am I correct? Vice Chair Russell: Yes. Commissioner Carollo: No. Vice Chair Russell: The four-fifths for absentee is also in here. Commissioner Gort: They should be out. Vice Chair Russell: What is your thoughts on that? Anyone else? Commissioner Suarez: Can I -- ChairHardemon: You're recognized. Commissioner Suarez: --just chime in, Mr. Chair? Thank you. I've listened to everyone on this issue. What I would just add is --I'd like to get a little bit more information on this. I just asked the Clerk now, how many members are serving on a five fifths waiver. I'd like to know who they are; how long have they been serving, so -- I'd like to get a little bit of analytical information. Based on that information, I think I can better formulate my position on this issue. So, having said that, I think maybe the better thing is to do is to defer it one meeting and get that information so we can ponder what the -- you know, legislation is, in many cases, philosophical in nature. You have a philosophy of how you think we should govern ourselves in this context, and then there's maybe competing views of what we should be doing philosophically. But I'd like to see "actually" what's happening, just to get a sense for how many of these people there are; how long have they been serving. I mean, is there somebody that's been serving for 30 years, for example? I don't know. You know what I mean? Is it -- you know, that kind of stuff. Chair Hardemon: You know, one thing I want to keep in mind also is that any time you have a five fifths waivers, it's a case-by-case basis. And so, what you will start to see is that you'll sense the unreadiness in the Commission before that comes to a vote. You request a discussion, and at that time -- I personally believe that these board appointments can tie you down a lot when it comes to actually getting business taken care of, from the Comm iss ioners'standpoint, because I want to make my appointments and be done with it so they can do their business. And so, forme, if someone needs a five fifths waiver, I certainly don't want to be the one arguing for it. I want that board member to be here telling us why he needs a five fifths waiver, if it's that important; if there's some unreadiness here, you know, at the dais, so -- because I'm not the one sitting on the board, but I definitely think it would be best if we had more information to learn more about it. Commissioner Suarez: And I'll just give you an example. Like, you know, there's two ways that he can effectuate his intent, from a philosophical perspective. Since it's a five -fifths waivers, he could just vote "no" every single time, and just say, "Look, I philosophically have stated my position, so I'm going to vote 'no' every single time, no matter who the person is, " and that City ofMiami Page 50 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 would effectuate his intent, butt don't think that's what he wants to do. I think what he's trying to do is create a public policy that would effectuate his intent, which is slightly different. And all I'm saying is, I'd like to see precisely how this has sort of happened, and get a little bit more information before making my decision -- Vice Chair Russell: Mr. Chair. Commissioner Suarez: -- if that's okay with you. Vice Chair Russell: I appreciate that. I'll tell you one thing: It will make it harder. The more you look into this, you're going to put faces with the names, and realize who these people are that would be affected by this, and it makes the decision harder. This would actually exclude some people that I personally know are on boards that are very good and very excited and passionate about it. But it's more the principle that's important to me, and I would encourage them to stay involved with the City in different ways and -- but the research would be good. Commissioner Suarez: Yeah. Vice Chair Russell: And so I'm very open to moving to defer, if you're -- Chair Hardemon: And I know that doing it this way, if we -- say, for instance -- and I understand there's a motion on the floor for deferral, and it's been seconded by the Vice Chairman. But one thing I will say, with the way it's written today, it puts a screeching halt on all your boards, because if board members can't -- well, not necessarily a screeching halt; it comes to a stop, because we will have to be reappointing board members for all those positions. Commissioner Suarez: I'll give you an example. I know that --I know one in particular --one board and one member in particular that is on aboard that has gotten five -fifths from my district; in other words, someone that I've appointed. If I'm going to do this, I'd like to at least have the courtesy of having a conversation with the person and saying, "Look" --you know what I mean? -- and I think -- because we might take a look at the individuals and have individual conversations with them and say, "Look, I think it's time for us to move on and sort of --there's a million ways you can effectuate this intent. You can do it by each Commissioner having that conversation and saying, "Look, we're going to go in a different direction, " and then you -- each Commissioner takes that person off and, you know, and that moves on. That's one way to do it. I'm not saying that's the way we're going to do it. But I'd like to see, at least in my district, how many do I have, who they are, what have they been doing, how long have they been on it. If somebody's been on for 20, 30 years, you know, that's something that's worth sort of taking a look at, and maybe having that conversation with the person and say, "Look, maybe there's another way that you can serve in another capacio) that would" -- You know, that'd be beneficial. " Chair Hardemon: It may also happen tons. I mean, there may be committees that we've been serving on -- or maybe appointments as chairpersons, or whatever, that you may be -- that you may have that it could affect, so that's something to think about also. But currently, the motion on the floor right now is to defer this to the next Commission meeting. Mr. Hannon: And, Commissioners, for my own edification, so we will be providing you with a report on how many members have served past their eight-year term and receiving the five five term waiver, correct? Commissioner Suarez: Yes. Vice Chair Russell: As well as the absentee waiver. City ofMiami Page 51 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Hannon: Absentee as well. Commissioner Gort: That's (UNINTELLIGIBLE). Commissioner Suarez: Yeah. That's a good -- Chair Hardemon: Those that are currently serving on a five fifths waiver. Just make sure you include those. Commissioner Suarez: An absentee report, too. Commissioner Carollo: Yeah. Commissioner Suarez: Good idea Commissioner Carollo: Mr. Chairman, ifI could? Chair Hardemon: You're recognized. Commissioner Carollo: Yeah, I want to verify, because I know you mentioned, Mr. Clerk, as far as you can remember, but I want to really see has there been any -- Mr. Hannon: "No" votes against a five -five term extension? Commissioner Carollo: Yeah. -- waivers that have not been granted? Mr. Hannon: Yes, sir. Commissioner Carollo: I mean, could be highly unlikely, but still, I would like to really see if, you know, if that has occurred. Mr. Hannon: And Chair Hardemon is correct in his statement that the Commission has voted "no " on the appointment of board members. Commissioner Suarez: Right. Mr. Hannon: It's just -- the distinction is the five five term waiver; I've seen the deference. Commissioner Carollo: Exactly. I mean, there has been appointments that haven't even received a second. Mr. Hannon: Correct, correct. Chair Hardemon: Surprising. Vice Chair Russell: Mr. Chair. Chair Hardemon: Any further --? Yes. Commissioner Suarez: You know who it is, too. You're -- that's why you're laughing. Chair Hardemon: Any further discussion about this? Vice Chair Russell: Yes, just to bring up again the EIU thing. This is a hackathon, basically, which will be a competitive 48-hour thing where we basically lock tech heads in a room, and City ofMiami Page 52 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 they've got to come up with a solution to our issue. This would cost, I've been told, approximately $25, 000 to do in terms -- including, we'd be supplying the venue. I've already started thinking about this and how we could do it; just the funding is really the only issue. I'll be looking to you for -- as we go forward. In the end, the technology will be our proprietary information. It will be handed over to us. And for the winner of the contest, it's basically a prestige issue, and there's a prize for them that's also involved with the financial part, but MU's interested in helping us with that, so I'll be bringing something very soon on that. Commissioner Suarez: Oh. Chair Hardemon: I could lock them in the room in Overtown for free, if you'd like. Commissioner Suarez: Hack away. Chair Hardemon: Any further discussion on the item? Seeing none, all in favor, say -- The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes; the motion to defer. END OF FIRST READING ORDINANCES RESOLUTIONS REA RESOLUTION 15-01371 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Procurement RECEIVED OCTOBER 7, 2015, PURSUANT TO INVITATION FOR BID ("IFB") NO. 522382, FROM ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF VEHICLES, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTAND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE IFB, THE ABILITY TO ADD QUALIFIED SUPPLIERS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 15-01371 Summary Form.pdf 15-01371 Recommendation ofAward.pdf 15-01371 Memo - City Manager's Rejection.pdf 15-01371 Bid Tabulation.pdf 15-01371 Corporate Detail.pdf 15-01371 Invitation For Bid.pdf 15-01371 Bid Response.pdf 15-01371 Legislation.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon City ofMiami Page 53 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 RE.2 RESOLUTION 16-00134 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Procurement AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR OPTION TO RENEW REQUEST FOR PROPOSAL CONTRACT NO. 295279 FOR THE PROVISION OF SECURITY GUARD SERVICES, ON A CITYWIDE AS NEEDED CONTRACTUAL BASIS, WITH KENT SECURITY SERVICES, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND KENT SECURITY SERVICES, INC., IN SUBSTANTIALLY THE ATTACHED FORM, INCREASING THE ANNUAL CONTRACT CAPACITY BY AN ANNUALAMOUNT NOT TO EXCEED $400,000.00, THEREBY INCREASING THE ANNUAL CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $1,050,000.00 TO AN AMOUNT NOT TO EXCEED $1,450,000.00, TO ALIGN WITH HISTORICAL USAGE AND ANTICIPATED FUTURE EXPENDITURES, AS STATED HEREIN FOR SECURITY GUARD SERVICES CITYWIDE; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED. 16-00134 Summary Form.pdf 16-00134 Memo - Manager's Approval. pdf 16-00134 Pre-Legislation.pdf 16-00134 Legislation.pdf 16-00134 Exhibit.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item RE.2 was deferred to the April 14, 2016 Regular Commission Meeting. RE.3 RESOLUTION 16-00104 Offrce of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMITAN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,017,804.00, FOR THE CONSTRUCTION OF A SEAWALL, FLOATING DOCKS AND KAYAK LAUNCH RAMP AT THE VIRGINIA KEY NATURE CENTER ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2016-2017. City ofMiami Page 54 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 16-00104 Summary Form.pdf 16-00104 Back -Up from Law Dept.pdf 16-00104 Legislation.pdf 16-00104 Exhibit.pdf Motion by Vice Chair Russell, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0140 Chair Hardemon: Moving on now to RE 3. FIND (Florida Inland Navigation District) grant, RE. 3. Lillian Blondet (Director): Good morning. Lillian Blondet, Office of Grants Administration. Let me start this resolution with stating that there's some modifications to the grant. The title should say, instead of "design and permitting, " it should be for "construction" of a seawall. And the first part also, there should be an amendment or a modification, but instead of saying, "design, engineering, and permitting, " it should be to "construct" the seawall. Therefore, this is a phase two grant for FIND. This is an application for the construction of a seawall, floating docks, and Kayak launch ramp at the Virginia Key Nature Center, and we're requesting approval to submit the application, and authorize the Manager to sign an agreement in case we're awarded the grant. The grant amount --or the match is a $1,017,804. Chair Hardemon: Thank you. Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing. Vice Chair Russell: Move it. Victoria Mendez (City Attorney): Chairman. Vice Chair Russell: We have one. Ms. Mendez: I apologize. This is the one where it's for construction and not -- Chair Hardemon: Was this --? Ms. Blondet: Yes. Ms. Mendez: I know she said it, but just to make it clear for the record that it said 'Permitting before, so we have to amend the legislation. Chair Hardemon: Right. She -- Ms. Mendez: So that's what I wanted to remind everyone. Chair Hardemon: You're recognized. Ms. Mendez: Thank you. Esther Alonso: Hi. Esther Alonso, 1860 Southwest 14th Terrace. This is -- and I have a question before I actually make any type of statement. This is for what phase? Because there weren't a lot of documents available. Ms. Blondet: Phase two. That's what we just said, phase two construction. City ofMiami Page 55 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Alonso: I'm sorry; it's very difficult to hear you. Ms. Blondet: Phase two construction. Ms. Alonso: Phase two construction, okay. As a stakeholder, there's been no notice, there's been no input. There was -- during negotiations, as a concessionaire, there was supposed be some work done, but never did it include any floating docks. That is a very sensitive natural area Ecotourism is an enormous source of revenue; and this is something that, again, should also be referred back to the Virginia Key Advisory Board. This needs public input, and it needs to be handled in the most ecologically sensitive manner. Chair Hardemon: This is -- I want to people to understand this also. I understand that we have some boards that look into -- that give us input on things that affect their space, if you will, but the ultimate place to come for public input would be the City of Miami Commission. The final decisions are made here. And as a matter of fact, when you have advisory board committees, they give us their recommendation, and we take those things into consideration. There are advisory boards that may recommend something. There have some --I've seen advisory boards within my district that recommend, say, an award, and I don't agree with that award. I agree with some of their recommendations, and I would make those changes. So I just want to say that this is an opportunity -- and I'm sure -- I'm going to call the Cit) Manager, because I'm sure he's going to give us some information about these items, but I want to just make it clear for everyone not just the board --the people who sit on the dais, but those who are in the public that public input is never frowned upon. This --you have an opportunity to make public input at these meetings. You also have opportunities at whatever boards that are hearing those items. Ultimately, if you have something to say, just as the young lady before us has come to express her opinion, this is the time to do it, so that we have an cpportunio) to weigh whatever concerns are within the communio) . I've always seen that when you're passing an item, the reason that we say, "All those in favor, say 'aye, "' is because sometimes you say, `All those against, " and they say, "nay. " And so, there will always be people who are against what something is being proposed for, and so this is an opportunio) for us to share our ideas. I want to call on the Manager, and then I'll call on Commissioner Suarez, and then I'm sure the Vice Chairman. Daniel J. Alfonso (Cit) Manager): All right, Commissioners -- thank you, Mr. Chairman --for the record, this is the construction phase. Two plus years ago, we came to this Commission and got permission to do a grant for design and permitting, which the design is now complete; the permitting is done. If we don't go forward with the construction, then we've wasted the other funds, which is kind of interesting, but to say that there -- I mean, this is something that's going to be benefiting you, because you have a kayak business. Ms. Alonso: Not necessarily. If a marina is built on that site, and it's now being called the Virginia Key Nature -- Mr. Alfonso: But it's not a marina. It's a school and kayak launch Ms. Alonso: No, and then there's floating docks. If you have floating docks, that means you have boats docking. There's not enough flow in that marina to purge out any of the fuel that comes out from outboards. Mr. Alfonso: Can you please tell her how we're going to replace the decrepit equipment that's there now, please? Ms. Alonso: If it had been published in the -- the plans had been made available, then, you know, perhaps, I wouldn't even be here, but that wasn't -- that didn't occur. Chair Hardemon: Okay. Let's have an cpportunio) to (UNINTELLIGIBLE) City ofMiami Page 56 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Robert Weinreb (Project Manager, Capital Improvements & Transportation Program): Back in 2013, the Waterfront Board was given the news that Jimbo's had left the site, and that the City took it over and wanted to turn it into a park And at that point, we looked at the seawall, which was falling in, and has quite a few problems. The float -- the dock that's there is a hazard. The City's already spent $30, 000, through legal, for a woman that got her shoe caught in the dock, or something. So the idea was to remove this dock that's unsafe, put a small floating dock in for non -motorized use, and to make the ramp that's on the property useable for also launching kayaks and small non -motorized vessels. The seawall needs to be replaced, the dock needs to be replaced, and the ramp is unsafe. We went to the Waterfront Advisory Board, we went to the Commission; everything was approved for the phase one of the project. And when phase two was moved forward, a presentation was also made to the Waterfront Advisory Board last year about this project, and it's a televised meeting, and it's a public meeting. So instead of saying that nothing has been public, we have tried to follow the obligations of the various boards and the City Commission to make sure that these were vetted before they came before you. And again, we have a grant; we'll get the second grant; and if we don't move forward with this today, we will lose the phase one money, because we need to move this forward, or we lose the money that was appropriated for this. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. While I agree that, you know, ultimately, obviously, we're the ultimate decider, I think what makes these committees effective is that we have I don't know how many items on today's Commission meeting agenda, and so what we expect is for all these committees to sort of roll up their sleeves and really delve deep into these issues, and as -- how they affect areas as sensitive as Virginia Key, and that's why I think, you know, we created that board. So, I think I said enough earlier when I said, "Look, everything going forward needs to really be vetted. " There has been vetting, as Mr. Weintraub [sic] just said and as the Cit) Manager just said but, you know, this board will be created specifically for this asset versus a board that's a little bit more general in nature. Although I would agree that it's tasked with a similar responsibilio) , but more generally, this is more specifically tailored towards, you know, the impact that it's going to have on neighboring businesses and neighboring amenities. Chair Hardemon: Vice Chairman and then Commissioner Carollo. Vice Chair Russell: Thank you, Mr. Chair. I definitely sympathize with what Esther is saying. I met Esther last year when I was campaigning, and she's a fellow paddle board enthusiast, and we had a mutual friend who was lost as a paddle boarder, and she's very business savvy, and her concession is actually steps away from where this will take place. I don't see her saying, "This shouldn't happen. " I hear her saying, `I wasn't involved in the process. " And sometimes our notification process of when a public meeting is had or that public discussion is had, if the key stakeholder who would be most affected by this either didn't know about it or didn't go to it, or whatever, something's a little off with our process. And so I -- you know, first, I'd like to ask Esther if this -- if she sees this as potentially competitive or complementary to your efforts; or are you just concerned about what might go there? Ms. Alonso: Well, I'm concerned about the design in its entirei)�. And, unfortunately, again, it's never been -- only until a few days ago, I wasn't even aware that this was coming up. Vice Chair Russell: Right. And this -- Ms. Alonso: I knew that there were some mumblings, but other than that, that was it; that was all the notice that I've ever received City ofMiami Page 57 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Right. Ms. Alonso: The problem is that that seawall does need some work. It's not entirely falling in, but it's not something that you want a boat to tie off to. The dock, the top of it collapsed It was weather -ridden. Nicholson Construction was using it, and they had workers coming on and off it on a regular basis, so one of the bearings -- weight bearing pieces of wood cracked, and that portion's in the water. The dock should have been moved probably a long time ago, and that's absolutely something I would agree with. The kayak launch is not hazardous. We use it all the time. It's really quite useful. It's inconvenient, and it could be better. But FWC (Florida Wildlife Commission), for example, has standards which they've recommended to municipalities; and I know, in the past, I submitted those to the former Commissioner for District 2 to --for their review and consideration. And, you know, again, I don't know what's happening. Chair Hardemon: Excuse me. One moment. You said you submitted those to the former Commissioner for District 2 in regard to what? Ms. Alonso: In regards to the FWC recommendations. This was years ago. Chair Hardemon: Well, what was the--? Ms. Alonso: The FWC has recommendations for non -motorized launch that it published goodness, at least 10 years ago. Chair Hardemon: Was it for that site, for this--? Ms. Alonso: No. It's for the entire State, the recommendations for municipalities. Chair Hardemon: But I'm -- what I'm asking you about is what influenced you to turn that in to him? Ms. Alonso: At that point, there was still discussion of a potential -- we were talking -- I was involved with Florida Paddling Trails Association, of which I'm, again, the vice president now, but this was -- so it had to be almost 10 years ago -- and we were looking at developing paddling opportunities and enhancing non -motorized access to the waterways. Chair Hardemon: And so this was before you actually had the site that you have now? Ms. Alonso: Oh, yes, absolutely. Chair Hardemon: So you were always looking and finding different ways of -- create, for instance, some O pe of -- Ms. Alonso: Correct. Chair Hardemon: -- current business. You ended up getting a paddling business right thereon Virginia Key. Ms. Alonso: Right. That became -- that is secondary to my involvement in paddle sports and outdoor recreation. Vice Chair Russell: But this will be your primary launch for your business, right? Ms. Alonso: This will be my primary launch for my business, and ecotourism is a significant part of what we're doing there. If what is replaced is a flat seawall with floating docks, we're going to have a couple of issues. The floating docks kill off the sea grass beds that are beneath. City ofMiami Page 58 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 One of the most popular items -- the National Parks have established it; this is not something I'm making up. Chair Hardemon: No. I know -- Ms. Alonso: The -- no, no. You -- he was shaking his head. I apologize. Chair Hardemon: The reason that this is -- as Chairman, part of my -- one of my duties is to continue the meeting moving in a positive way. Ms. Alonso: I appreciate. Chair Hardemon: And so, what ends up happening is that when you make a --for instance, what you stated for a lawyer would be -- it's a -- you literally created a fact opinion as if you were an expert witness, so you've -- Ms. Alonso: Okay. Well -- Chair Hardemon: -- stated something that the reason why you had a shaking the head of "no" is because now you have someone -- Ms. Alonso: Well, it's not my determination. Chair Hardemon: -- who disagrees with what you're saying. Then you have the laymen up here who have no idea what you're talking about. Ms. Alonso: It's okay. Chair Hardemon: And we don't know if what you're saying is true or not, and so -- Ms. Alonso: I understand what you're saying. Chair Hardemon: -- it create -- it really creates an issue. Ms. Alonso: But this is something that's not -- I mean -- okay, then, perhaps, this should be delayed until such time -- or the final design, I should say -- Chair Hardemon: That's something -- Ms. Alonso: -- should be delayed until such time as that can be confirmed Chair Hardemon: And that brings me to what our Cit) Manager was saying, so I don't take this to be something that just came in the middle of the night. I mean, I take this as something that -- I don't -- it's not like I'm seeing the Virginia Key Beach Trust people, or whomever it is, (UNINTELLIGIBLE) Virginia Key say, Wait a minute. Stop what you're doing. We've never heard this. We don't know what you're talking about. This will kill the island," things of that nature. What I'm hearing is someone who operates there, who has a business there, who has been involved with these o pes of issues for a very long time, and in -- and subsequent to her involvement, established a business on that site, saying, "Hey, I'm right here, and I don't like this to go there, " right? That's -- Ms. Alonso: In part. Chair Hardemon: -- I'm just telling you what -- that's what I'm hearing, in part. City ofMiami Page 59 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Alonso: Yes, in part -- Chair Hardemon: (UNINTELLIGIBLE). Ms. Alonso: -- that is correct. Chair Hardemon: And so, for me, it's a little hard to believe that with all of these notices, with all of these actions -- there's been approvals by previous Commissions to have this move forward --that you've never heard of this actually happening; not saying that it's not true. I just find it very hard to believe that has -- there has had to have been notice if all of these public entities have done this, and the -- and I'm sure the Clerk can pull up minutes that tell us how this was handled who spoke, and things of that nature. And so that's part of my concern with where we are today, because when I see things come up -- this is part of the reason why we don't have things move forward in our districts, because someone says, "Hey, I didn't get notice, " and there's no piece of legislation or law that would ever say that every single person has to attest that they've been notified, you know. Ms. Alonso: I can appreciate that. Our lease begun on -- started in June of last year, so certainly, between then and now, there was more than an opportunity for whoever it is that's handling this to have reached out and said, "We have a project coming up; how would this best affect or how would this " -- Chair Hardemon: Sothis predates -- Ms. Alonso: -- "worst affect you? " Chair Hardemon: This predates you. Ms. Alonso: This predates me. Chair Hardemon: Right. So there's (UNINTELLIGIBLE) -- Ms. Alonso: Right. Chair Hardemon: --so there's -- Ms. Alonso: I understand Chair Hardemon: -- been notices, and there have been things that have been going on before you got there. Ms. Alonso: Okay. Chair Hardemon: I think part of the due diligence -- I don't know if it falls on the shoulders of the City to say -- or if the Cit) to say to you, "Hey, we're planning this project there, " part of your due diligence will be to say, "I want to have a business here, but is there anything else that's going on around here that I need to be aware or " Ms. Alonso: Oh, no, that was done. Chair Hardemon: Okay. Ms. Alonso: And all that was said was that something was in the plans, but no specifics were available yet because they hadn't designed it, but apparently, they had. City ofMiami Page 60 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Mr. Chair. Esther, I -- as your district Commissioner, I will work with you to make sure your concerns and needs are brought to the Administration as this project goes forward, and we'll work together on it. Ms. Alonso: Right. And again, I'm not asking that the project not go forward. Vice Chair Russell: I understand that. Ms. Alonso: I'm asking for input, and I'm asking that it be handled in an eco -conscience manner. Vice Chair Russell: And I will help you with that. I will help you with that for sure. But I -- the concern I'm seeing -- and it's something we discussed a little this morning -- is the process which would -- with which these things -- these come and the notification and -- this came quickly for me as well, and I'm under pressure to say `)yes " so that we don't lose it until the next year, but then in the same token, we're saying that, "Oh, well, we already invested in the original planning, so we'd be wasting this money not to move forward. " And I'm telling you, with me here, that pressure doesn't mean a `)yes" down the road if the project isn't good We can apply for the grant; we can put the pieces in place, but if the project is bad, I will not say, "Let's do it, " just because we've assigned the money. Ms. Alonso: And I appreciate that, you know, but, unfortunately, the earlier vote is a similar situation. We have something that's not clearly defined,- we're moving forward to secure funding, and then, you know -- Chair Hardemon: I wouldn't say that it's -- Ms. Alonso: -- we go through an entire process. Chair Hardemon: --not clearly defined. There's been permitting. These projects, I'm sure it's as defined as it could possibly be. Now -- Ms. Alonso: Yeah. Chair Hardemon: -- but that's --so that's where we are with that. Commissioner Gort. Commissioner Gort: My question is, you have to go through permit, or you already received the permits? Do you have to go through permits? Mr. Weinreb: We have the FDEP (Florida Department of Environmental Protection), Army Corps of Engineers, and those are the permits that are required for the grant application. I just want to clarify one statement. There is a dock there. It's a fixed dock that's in preto) rugged shape. The reason we didn't want to remove it is in order to put in a small floating dock, one small floating dock is it's much easier to get the permits if you have something there and are removing it to put a better facilio) in, so there's no talk of "docks " as a plural; there's a talk of taking an unsafe or fairly, at the end of its useful life, structure and putting in a smaller floating dock in that location, because permitting makes it a lot easier to obtain. So -- and the kayak launch site, it will be improved. The seawall has holes in it, and material is filtering into the conservation area, so it's time to try to move forward. It's a Cit) park. And we got the approval from the Florida Inland Navigation District on November 18, 2013, so that means this was vetted out in 2012. And you never know what the regulatory agencies are going to give you until you give the project to them, and then they tell you where this can go, or how this has to be done. But I can assure the Commission that one small floating dock is all that's ever been discussed from the beginning. City ofMiami Page 61 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Mr. Chair. Chair Hardemon: Vice Chairman. Commissioner Gort: But -- Vice Chair Russell: Do you have a set -- Chair Hardemon: Oh, I'm sorry, I'm sorry. Vice Chair Russell: Oh, you were in the middle of your question. I'm sorry. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me ask a question. My understanding, she's a City vendor, right? Was she consulted the -- how she was going to be affected since she's one of the vendors or associates? Ms. Mendez: She has a revocable license agreement. Ms. Alonso: No, I do not. I have a license. Commissioner Gort: Not necessa -- excuse me. I understand, but she's still a City vendor. Mr. Alfonso: She was not in place when this was designed Commissioner Gort: Okay. Thank you. Vice Chair Russell: But there is a -- I'm sorry. Mr. Chair? Chair Hardemon: Go ahead, sir. Vice Chair Russell: There is a map and a site plan for exactly how it will all be laid out? Mr. Alfonso: Yes. Vice Chair Russell: Can that be shared, please, with our concessionaire? Thank you. Chair Hardemon: I haven't closed the public hearing, so I know we have additional public hearing comments. Brenda Betancourt: Yes. I remember three years ago --over three years ago. Chair Hardemon: Canyon announce yourself for the record, please? Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I remember this been a hective [sic] discussion in this board three years ago, and it was approved, unfortunately, for the vendor three years ago. But we need -- for those who own kayak, that we will have to pay for us to kayak, if we have our own kayak or own paddling board, and this was the reason the public approved in support this initiative with the park, because we can just grab our kayak and dump it in there, in the water, and be on it; we don't have to rent it. We don't have to be forced to rent it. So, if we don't have access to our waters, so we -- the City is going to force us just to rent if we need to kayak? That's my question to you guys. Thank you. Chair Hardemon: Thank you so much. You're recognized. City ofMiami Page 62 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Renita Holmes: Thank you, Commissioner. Madam Holmes, 350 Labre Place. And], too, have even spoken on priors, but it's always been a long ways justice project for us with Virginia Key Beach, the, quote/unquote, black beach, and I don't want you to misunderstand That's also a centering point for a lot of young men in the inner cit) , and I'm preto) sure Chief Gomez can talk, or the chief from the Police Department talk about that, having a safe place for them to utilize their vehicles, which, you know, culturally, we invest a lot. Economically, we invest a lot. So not just spiritually, socially, you know, justifiably that we have interest in how it goes; we also talk about connecting the dots with the marina monies, and we're talking about youth industries. And so, when I think about community stakeholders in the ecosystem, there's been a disparate group that has no input, but, yet, we've been here monitoring it from the environmental aspect, Commissioner, of the inner city participation to those of who we are culturally in the investment we have in the board, and I normally talk to Mr. Denny (phonetic) -- Dr. Denny (phonetic). And so my concern is that it is a sustainable, holistic, comprehensive, and fair opportunity; not just to one stakeholder or one vendor in the City's process. It has to be a healthy and a safe place, and it has to have four accommodation access. And all the board meetings that we've been through, Commissioner -- through the Chair -- Commissioner Russell and all, you know, I want to know what our investment is. We don't have beaches to drive our vehicles in, and we have police initiatives to keep our sons off of them. And so, when we talk about the design architect, I have one question: What are all of if not, the funding sources of these monies, is there federal -- any federal funds attached? Because I know when we talk about the representation of the communio) as a whole, we want to know what the interest is for those that are coming from the City, and I want to make sure that those youth from our City are those outside that don't normally have the environmental assistance, or those who are going to be learning the trade understand fully what's going on. And I want the board, itself, to reach out to -- to reach in -- we always talking about "outreach" education, and how people participate, even you with the information, Commissioner. I just want to know what the benefits are going to be for those of the inner city, and are the funding requirements left to those that attached to this project so, or the guidelines, because it's a coastal project? And how are we going to go back three --? I mean, any question about the floating dock. Because we spent like two hours, I think, at the meeting before last talking about that. DERM (Department of Environmental Resource Management) already has specific requirements. Did we get the follow-up from all of that? Chair Hardemon: Thank you. Ms. Holmes: You know, so. Chair Hardemon: Thank you. Ms. Holmes: I understand where you're coming from, and you want to be thorough, but we have a tendency to vote for things to go through that are not sustainable that we've already invested in, and it could cost us some stuff that we can't recover. Chair Hardemon: Thank you so very much. Ms. Holmes: All right. Thank you. Chair Hardemon: Anyone else from the public that'd like to ask a question? Seeing no other -- no. No, ma'am. Seeing no other -- Ms. Alonso: It's not a --just a quick clarification, I promise. Chair Hardemon: The public hearing is closed at this time. Is there -- Mr. Manager, are there any federal dollars attached to any of these grants that's been (UNINTELLIGIBLE) ? City ofMiami Page 63 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Alfonso: No federal dollars on this project, sir. ChairHardemon: Thankyou vett' much. Is there any further discussion from the dais? Vice Chair Russell: Yes, Mr. Chair. I do believe I understand what Esther was going at, that -- the response to the one comment that her concession is not a monopoly of access to the water, so it's not a competitive situation where if she --that she's fighting this to monopolize access. She's always serviced anyone who comes up with their own kayak or their own paddle board, or anything like that, so I think she's just fighting to make sure that she's involved in the process, and I think we'll work to get there. ChairHardemon: Okay. Is there --are there any motions from this--? Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved. Is there--? Commissioner Gort: Second. Chair Hardemon: Seconded by Commissioner Gort. Is there any further discussion? Seeing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Ms. Mendez: As amended Mr. Hannon: As amended. Chair Hardemon: Motion passes as amended. At this time -- Commissioner Gort: It's 12:14. Chair Hardemon: -- (UNINTELLIGIBLE) for lunch. As you know, the rule -- as the rules states, so we'll be in reser until -- Mr. Hannon: Chair, we do have an Omni and Midtown meeting scheduled for 2 p. in. Commissioner Gort: 2. Chair Hardemon: At 2? Mr. Hannon: 2 p.m. Chair Hardemon: To be in reser until 2 p. in., all right. REA RESOLUTION 16-00234 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, ("AFSCME LOCAL 1907") TO RESOLVE THE UNIT CLARIFICATION PETITION FILED BY AFSCME LOCAL 1907, CASE NO.: UC -2015-024, PENDING BEFORE THE PUBLIC EMPLOYEES City ofMiami Page 64 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 RELATIONS COMMISSION, ACCORDING TO THE TERMS OF THE SETTLEMENT AGREEMENT AMONG THE PARTIES. 16-00234 Memo - Office of the City Attorney. pdf 16-00234 Memo - Budget Sign-Off.pdf 16-00235 Back -Up from Law Dept.pdf 16-00234 Legislation.pdf 16-00235 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo R-16-0143 Chair Hardemon: If we can, let's move our way back to RE.4. AFSCME (American Federation of State, County and Municipal Employees) Local 1907 settlement agreement; or settlement, rather. Victoria Mendez (City Attorney): Commissioners, Ms. Panoff from my office will make the presentation on this item. Stephanie Panoff � Hi. Good afternoon. Stephanie Panoff, Assistant City Attorney. RE.4 is regarding a settlement for apending litigation for unit clarification petition in front of the Public Employees Relation Commission brought forth by AFSCME Local 1907. I believe the proposed settlement agreement was provided. Chair Hardemon: Thank you very much. Is there anyone from the public that'd like to speak on this item? Seeing none -- Commissioner Suarez: Move it. Chair Hardemon: --close the public hearing. It's been properly moved. Is there a second? Is there a second? Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded that we pass RE. 4. Any discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. What's the financial impact of this agreement? Commissioner Suarez: Zero. Ms. Panoff � There will be a financial impact, because a significant amount of classifications will be added into the bargaining unit; and upon being added to the bargaining unit, the union, in its right, can demand collective bargaining. Commissioner Carollo: And what is that financial impact? Commissioner Suarez: Nothing. City ofMiami Page 65 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Carollo: Is there any estimate? Ms. Panoff � I -- it would have to depend on what the union demands on behalf of those individuals. Daniel J. Alfonso (Cit) Manager): It's the subject of future bargaining, sir. Commissioner Suarez: Of course. So the financial impact of this is zero, just to be clear. Ms. Panofff Correct. Commissioner Carollo: Right, but it does have a financial impact, because if we give, let's say, a 5 percent raise or a 4 percent raise, we have now -- before I say that, do we know how many employees this -- these 321 positions represent? Commissioner Gort: 300. Commissioner Carollo: No. Those are the positions; not the amount of employees. Do you know how many employees these 321 --? Ms. Mendez: I believe the union attorney knows. Osy Rind: Yeah. Thank you. Osy Rind, on behalf ofAFSCME 1907. It's about 180 employees. Commissioner Carollo: It's 180 employees? Ms. Rind: Correct. Commissioner Carollo: But 321 positions? Ms. Rind: Correct. Some of them are vacant; many of them. Mr. Alfonso: Or unused. Most of -- a lot of these positions are also obsolete. We haven't used them in a very long time. Ms. Rind: Right. Commissioner Carollo: So if they're obsolete, why don't we just take them out? Commissioner Gort: Look --Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Gort: At one time, we were discussing we had too many of them, and I believe we were going to work on it and eliminate some of those that are obsolete, because they -- no longer those position exist. Commissioner Carollo: You know, I- - Commissioner Gort: Okay. Ms. Rind: They still exist in your system. Commissioner Gort: Right. City ofMiami Page 66 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Rind: They are still classifications that exist. The Manager is correct that this particular agreement has absolutely no cost; all it does -- Commissioner Suarez: Of course. Ms. Rind: -- is define them in the bargaining unit. Commissioner Carollo: Right. Understood. However, let's say that it comes that time again where we have to do labor negotiations, and we have to contemplate whether we give a raise to the current employees, that current -- that raise would actually now be a lot more, because we have additional employees. So instead of doing a 5 percent raise, which would be X'bmount, we may have to do a 4 percent raise, because the 5 percent raise, now it's a lot more money than what it originally would be if we didn't add all these additional employees. Commissioner Suarez: Mr. Chair, ifI may. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you. But the reverse is also true, because now we have a bargaining position, we can bargain for these wages; whereas, if they stayed the way they are classified, then the Manager could just unilaterally increase their wages above or beyond what we bargained for. So it could actually be a cost savings to the City. Commissioner Gort: That's not going to happen. Commissioner Carollo: I think that -- Commissioner Suarez: I'm not saying that he will, but -- Commissioner Carollo: Well, I think that's a little bit of a stretch, but, really, I -- let's see what this impact is; and not to mention that if a lot of these positions are obsolete, you know, let's clean it up. Are we really -- are we going to cleanup the books or not? Well, I think we should cleanup the books, and if these positions are really obsolete and they haven't been used for God knows how long, let's delete them and let's really see what it is, and then that will also give us some more time to really see what the potential cost in the future may be, because, again, it could actually jeopardize your current employees. Mr. Alfonso: Commissioners, through the negotiation, I believe we requested to eliminate positions that were not utilized, but it was not something that the union was amenable to, so this is the agreement that we have. Commissioner Suarez: And it's a settlement, right? I mean, there's -- right. Ms. Rind: Yeah. And by the way, it's a settlement of something that's already been stipulated to in -- before the Commission. Commissioner Suarez: Right. Ms. Rind: So you're really doing what the Commission would do anyway, really. Chair Hardemon: Is there any further discussion? All in favor, indicate so by saying 5ye. " Commissioner Gort: Aye. Vice Chair Russell: Aye. City ofMiami Page 67 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Aye. Chair Hardemon: Aye. All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. RE.5 RESOLUTION 16-00351 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF RESULTS OF THE CITY OF MIAMI REFERENDUM SPECIAL ELECTION HELD ON MARCH 15, 2016. 16-00351 Memo - Official Election Results.pdf 16-00351 Legislation.pdf 16-00351 Exhibit.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item RE.5 was deferred to the April 14, 2016 Regular Commission Meeting. RE.6 RESOLUTION 16-00169 Department ofReal A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate andAsset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, Management PURSUANT TO A SPECIAL WARRANTY DEED, THE DONATION OF A PARCEL OF LAND FROM PRH NE 31 ST STREET, LLC AND THIRTY-FIRST STREET PROPERTY OWNER LLC ("GRANTORS"), IDENTIFIED AS PORTIONS OF FOLIO NOS. 01-3230-012-0060 AND 01-3230-095-0001 LOCATED AT APPROXIMATELY NORTHEAST 32ND STREET AND NORTHEAST 7TH AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("PROPERTY"), TO THE CITY OF MIAMI WITH THE GRANTORS PAYING FOR ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 16-00169 Summary Form.pdf 16-00169 Back -Up Document - Covenant 3-24-16.pdf 16-00169 Letter - Donation of Park.pdf 16-00169 Pre-Legislation.pdf 16-00169 Legislation.pdf 16-00169 Exhibit 3-24-16.pdf Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 68 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0137 Chair Hardemon: PH 5 and RE. 6 are companion items, so what I'll do is I'll open up the public hearing for PH 5 and RE. 6 at this time. So if you're here to speak on items PH.5 and RE. 6, this is your time, if you're a member of the public, to speak. And then we will take on item RE.6 first, because we need to accept RE 6 before we can pass RE -- PH 5. So at this time, RE 6. You're recognized. Iris Escarra: Good morning, Chairman, members of the Cit) Commission. Iris Escarra and Carlos Lago, with offices at 333 Southeast 2ndAvenue. Since the last meeting, we did host a communio) meeting, actually, it was last evening, attended by various members of the communio) , as well as Cit) staff, in order to answer any questions that the communio) members could have. We have --we can go into a presentation again with regards to the park and the areas and the open spaces. And we're here available for any questions, as the Board would desire. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized. Vice Chair Russell: If there's no changes to the presentation from the last time we saw it, is there a need to repeat it? Chair Hardemon: There's no need. It's the will of the body. We don't see a need, then we don't need to. Ms. Escarra: No. We're here for any questions. We could -- Chair Hardemon: So at this time, then I'll open up the public hearing for members of the public. Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing. Any discussion or a motion? Vice Chair Russell: I'll move it. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded that we pass RE.6. And remember, the public hearing was for RE. 6 and PH 5. You're recognized, Vice Chairman. Vice Chair Russell: Mr. Chair, thank you very much. I did ask for this to be deferred in the last meeting. And I'm very thankful to the developer for convening the public meeting and bringing everyone together to address all of the issues, which included public participation on the park that's being donated with regards to issues of playing in the park, access to the park, and of course, the other issues of complaints from the residents of the cement on cars, and I've seen a big step on your part in terms of covering -- I mean, I've seen pictures of a parking lot full -- how many cars were covered? I mean, proper car covers were -- Ms. Escarra: About 200. Vice Chair Russell: 200 car covers have been distributed and put over these cars, and they have -- their staffing, they're washing cars. I can see that you're taking the efforts, and I do appreciate that. More so, I appreciate the seeking of the input from the public, and so I'm very glad to move on this item today. City ofMiami Page 69 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Been properly moved by the Vice Chairman. Is there a second? Commissioner Gort: Second. Chair Hardemon: Been properly moved, and seconded by Commissioner Gort. Is there any further discussion or unreadiness from the Commission? Seeing none, all in favor ofpassing RE.6, say "aye. " The Commission (Collectivel)): Aye. Chair Hardemon: Awesome. It passes. RE.7 RESOLUTION 16-00047 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), ACCEPTING THE CONVEYANCE OF THE TRADE NAME SOUTHLAND THE TOWING COMPANY OF MIAMI, LLC, PURSUANT TO THE AGREEMENT FOR PURCHASE AND SALE OF ASSETS DATED ON OR ABOUT MARCH 11, 2015, WHICH TRANSFERS REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT 04-05-054R; ACCEPTING THE ASSIGNMENT OF THE AGREEMENT FOR PURCHASE AND SALE OF ASSETS DATED ON OR ABOUTAUGUST 3, 2015, FROM SOUTHLAND THE TOWING COMPANY OF MIAMI, LLC TO AMERICAN TOWING OF MIAMI, LLC.; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMERICAN TOWING OF MIAMI, LLC PROVIDING THAT IT HAS ACCEPTED AND WILL FAITHFULLY PERFORM AND COMPLY WITH ALL REQUIREMENTS OF RFQ CONTRACT 04-05-054R. 16-00047 Summary Form 3-24-16.pdf 16-00047 Corporate Detail 3-24-16.pdf 16-00047 Pre -Legislation 3-24-16.pdf 16-00047 Legislation 3-24-16.pdf 16-00047 Exhibit 3-24-16.pdf Motion by Commissioner Gort, seconded by Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0142 Chair Hardemon: Moving on now to RE 7. Annie Perez: Good afternoon, Commissioners. Annie Perez, director of Procurement. RE.7 is a resolution accepting the conveyance of the trade name, Southland The Towing Company of Miami, LLC (Limited Liabilio) Compan)), and it is also authorizing the Cit) Manager to execute an acceptance of assignment. The assignment would be from Southland The Towing Company of Miami, LLC to American Towing of Miami, LLC. Commissioner Gort: Move it. Chair Hardemon: Been properly moved. Is there a second? Chair seconds. Is there anyone from the public that'd like to make a comment at this time? Seeing none, we'll close the public hearing. Is there any discussion? City ofMiami Page 70 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: There are --I think there are people that --are you guys --? Chair Hardemon: Oh. This gentleman wants to? Commissioner Suarez: They've been waiting here for a long time. Chair Hardemon: You're recognized. Edwyn Martinez: Edwyn Martinez, 658 Northwest 30th Street, Miami, Florida. I think what we need to focus on is originally getting a contract in place, and we've been with this extension -- we're on 16th extension; 120 days, no new contract, and now we're bringing in a new company. And I think we -- three months ago, we were looking at eliminating companies that have been doing business with the Cit) for 20 years, over 20 years, 15 years, and now we're bringing in a new company. I think all this transitions has been done, and a lot of you haven't even realized the transition being made from one company to another, to now a new company that hasn't been doing business with the Cit) ofMiami. All right? That's it. Chair Hardemon: Thank you very much. Is there anyone else? Timothy Del Rosal: Timothy Del Rosal, 1451 Northwest 20th Street. First of all, I wanted to thank you guys for your -- the growth and the prosperio) that you guys have led under your leadership in the City recently. I want to thank you for that. It's seen in property values and stuff like that. The real issue here is, instead of addressing this, we should be talking about the contract that has continued to get delayed, delayed and it's been hurting us vendors who have been here for the Cit); moving your fire trucks; moving, you know, Public Works equipment and whatnot. You have a company coming in; not from -- that's been doing business here, and it's just --frankly, it doesn't make sense. We should be seeing a new RFP (Request for Proposals) that we haven't seen, and frankly, it's just frustrating, I mean. Commissioner Suarez: Mr. Chairman. Mr. Del Rosal: I really don't know much to --I mean, I'm --it's just --it's frustrating, frankly. Chair Hardemon: I'm going to conclude the public comment. Commissioner Suarez: Okay. Chair Hardemon: And then we're going to have discussion. Mr. Del Rosal: I'm sorry. Thank you. Chair Hardemon: No, no, prob -- no need to apologize. Anyone else? Thank you very much. I'll close the public hearing at this time. I mean, are there two things happening that --? Commissioner Suarez: Sort of. Chair Hardemon: A dis -- can we talk about that for (UNINTELLIGIBLE) ? Commissioner Suarez: Yeah. I think, before both you and Commissioner Russell were here, and I think part of the f zustration that you're hearing from some of our franchisees is that there was talk a while back about doing an industry -specific workshop where out of that industry -specific workshop, there was going to be an RFP that was going to be issued, which would -- with -- in consultation with the industry -- which would ultimately allow new franchisees, the current franchisees -- we've done that, we did it with our Solid Waste haulers, if I'm not mistaken. We've City ofMiami Page 71 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 already completed that process. And I think some of their frustration --and I feel for them, because they had to come to a lot of Commission meetings, and it's really not fair. They shouldn't have -- they should -- he shouldn't have to be waiting -- as many Commission meetings as you guys have had to wait, you guys shouldn't have to be waiting and coming to as many Commission meetings as you guys have had to, and I think the real solution here is for us to finally -- I don't know why it's taken as long as it has for us to finally get the REP out, because I think evei gone agrees on one thing, and I've listened to everyone, and I think the one thing that eves gone agrees with is that there's a collaboratively created REP that, you know, eves gone would be okay with just bidding on the REP and becoming a franchisee, and move on. And I -- as much as I like seeing all these guys, I really do -- I feel bad for them, because they're constantly coming, they're good people, they work hard, and, you know, it's just -- it's frustrating, and it's frustrating for them, it's frustrating for me that we haven't been able to get this thing going, you know, yet, so. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you, one of the reasons that I think they were discussing, the Administration, at one time, they may create only one major firm to take over all of the Cit) of Miami (UNINTELLIGIBLE). My problem is within my district, I have five small individuals; they have their small businesses that provide jobs for people in my district, so I will be against that. So I'm in favor of having everyone having an opportunity, evevyone have a chance. I agree; we should have the REP as soon as possible, but I'm against having one firm or two firm controlling the whole Cit). Chair Hardemon: Yes. So that -- to me, that sounds a bit like the waste, garbage pickup system. Commissioner Gort: Right. Chair Hardemon: You know, if we want to issue an REP so that we can better define who those are and who will be participating within towing services, I think we can issue that, and have a number of individuals or companies participate; not just one. I think a monopoly would not serve our best interest. To increase competition, to have more vendors, I think will play a good role; just the same way as we've done within -- with the waste. So if that's something that the City Administration can begin the process now of rolling out, that'd be great, because, I mean, you can hear the frustration in their voice, but I can see that these were two different issues at the same time, so I don't want to confuse the two different issues, in the sense of issuing the REP, so we can better define who the people are; and allowing this agreement to allow the passing of the mantle from one company to the next with this particular business. You're recognized, sir. Vice Chair Russell: I'm sorry, I'm a little behind. This is -- I don't have all the background and histoty in having just come in the last few months, but as you said, this is two separate issues. So the issue that they're bringing doesn't necessarily affect the agreement that we're deciding on today? Chair Hardemon: So this is an assignment. So basically, by their argument, what they're saying is that, took, you're allowing a new company to come in to participate in "-- as I understand it -- Participate and tow. And why do that when you can just issue an REP and have more people bid to see who has the right to tow? "So that's what it sounds like to me, what the main crux of the argument is. Would that be correct? Unidentified Speaker: No. ChairHardemon: No? Would you want to clarify it for us, please? Unidentified Speaker: Initially -- City ofMiami Page 72 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: You got to come to the mike. Chair Hardemon: Come to the mike. Vice Chair Russell: Are the companies representing today, do they currently tow for the Cii)v? Mr. Del Rosal: Sorry, I didn't mean to interject. The issue we're having today is you're allowing a company that hasn't been compliant under the current contract that was already -- an REP has already came out for. So you're allowing a company that hasn't performed for the City to sit there and monetize, and go ahead and transfer ownership when they shouldn't even have that right, because they should be terminated from the contract, like it's happened traditionally. Chair Hardemon: Right. So it's a challenge, because, obviously, the company -- I don't know if the company's here right now to defend themselves. Commissioner Gort: Yeah, they're here. Mr. Del Rosal: And the company's a credible -- the new company is a credible company. I respect them and I admire them, but there's tens of companies that want to come into the City and do business with the City, and that have waited years for this alleged REP to drop, and that has not happened. Commissioner Suarez: And I think that's the key that -- Mr. Del Rosal: That's really -- I'm sorry I didn't get to get my point out earlier. I'm not -- Commissioner Suarez: Yeah. Mr. Del Rosal: -- I don't -- not really proficient at public speaking. I'm -- Chair Hardemon: It's okay; you don't have to be. Commissioner Suarez: The key that I think resolves both of this, that reconciles the whole thing is the RFP. Mr. Del Rosal: Exactly -- Chair Hardemon: Right. Mr. Del Rosal: -- the key. Commissioner Suarez: And I think, you know, their frustration is -- and it's nothing against them, specifically -- Mr. Del Rosal: Exactly; (UNINTELLIGIBLE) agree. Commissioner Suarez: -- because you're just saying that it's (UNINTELLIGIBLE)to do with them, specifically, but he -- their concern is, took, the City is doing this transfer of ownership, which allows someone to come in and operate under our laws; and yet, we haven't done this RFP, which we've been talking about for a long time. "I mean, I'm talking about a long time. Mr. Del Rosal: Correct. And you're allowing them to pawn off all the liabilii)v and negative attention that they -- City ofMiami Page 73 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: One second. Mr. Del Rosal: -- had at one time. Chair Hardemon: My -- quick question: Does not having --for instance, this transfer, this assignment of the right -- right? --for this company to operate, how does it affect, for instance, Downtown Towing? How does it affect them today? Mr. Del Rosal: It doesn't affect me at all, because I'm not in that zone, but it affects all the other people that wanted to partake in towing for the Cit), and the other vendor that's in that current zone. Chair Hardemon: Okay. Mr. Del Rosal: Mr. Martinez operates in that zone. Chair Hardemon: So this is truly about industry fairness; that's what this is about. Mr. Del Rosal: It is, frankly, for me. And now, my agenda might be different than Mr. Martinez or another tower, but as a -- I was elected a spokesman for the Cit) of Miami towing vendors. Commissioner Suarez: Yeah. Mr. Del Rosal: So I'm here -- I mean, I'm here to tty to represent, you know, the industry as a whole. Chair Hardemon: Right. Understood. I think we can -- I don't -- I mean, I don't see a problem for me, personally, with the assignment here, but we -- if we're going to make this assignment, then we need to go ahead and get this RFP going. Commissioner Suarez: And I would sort of agree with that. I think the issue here for them is that they have to keep coming back every so often, and it just never happens, you know what I mean? And we're talk -- this is like -- When was the first time that we talked about going to Procurement for this? Commissioner Carollo: Years. Commissioner Suarez: Right, years ago. Daniel J. Alfonso (Cit) Manager): Commissioners, if I may? Commissioner Suarez: Yes, please. Mr. Alfonso: We have issued the RFP before. Commissioner Suarez: Okay. Mr. Alfonso: There is always people that have different opinions. Commissioner Suarez: Yes. Mr. Alfonso: We have had industty days. We had an industty day that people chose not to come to the industry day, because they felt it was best to come and protest here instead of talk about it in the industry day. City ofMiami Page 74 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Right. Mr. Alfonso: So toying to reconcile the views of different companies with the views of different elected officials as to how we should do the RFP has taken longer than we would have liked -- Commissioner Suarez: Right. Mr. Alfonso: --frankly. Now, we have a version of an RFP that we're intending to put out in the next couple of weeks. It is the fifth iteration, possibly, of the RFP proposal, so that there will be ample opportunio) for folks to look at the RFP. This issue that we're looking at right now has nothing to do with that RFP. It has to do with one company going out and the rights of that company to operate being assigned to another company, and we do that with any and all vendors that we have in the Cit) of Miami. Commissioner Suarez: I understand that. I think their frustration doesn't have to do so much with that as it does with the fact that the RFP has been talked about for a long time, but -- Mr. Alfonso: The Administration's equally frustrated with the RFP process, sir. Commissioner Suarez: Right. And I remember when -- I forget when it was put out there --that the frustration point was that the Administration in its first version was asking for a large upfront fee, which vendors were not willing to pay, or did not think was fair to pay. And it was -- the other point of contention, if you will, was the number of zones. Was there going to be, as the Commissioner said, you know -- I think there's nine zones or something like that, or -- I forget -- five zones or -- what were the right number ofzones that there were going to be. Mr. Alfonso: Right. Commissioner Suarez: There's five zones, and I think there's two per zone. Commissioner Gort: Right. Commissioner Suarez: So the question was -- those are the two questions; they weren't that complicated I think the biggest sticking point was the upfront fee, and I think a lot of vendors didn't feel like it was fair to charge someone $50, 000 for the right to operate; particularly when some people had to have that -- their equipment in-house, and other people could out -source their equipment, ifI could recall correctly, and that that was eligible to be considered equipment that met the requirement. Mr. Alfonso: But -- so it's actually not -- those are not -- the first two issues you mentioned were not the only ones. The questions of equipment were also vevy important. Commissioner Suarez: Right. Mr. Alfonso: But there are vett' differing views amongst my six different bosses as to how we handle that issue of the equipment, and the upfront fee, so I'm toying to reconcile all those in the RFP that we're putting out. Commissioner Suarez: I don't know. I don't know if I'm on the five bosses if there's any. Maybe when you consider the six bosses, but not in the five bosses here, because I haven't heard us arguing about those issues very much. Mr. Del Rosal: The issue still remains that the company that they're allowing to transfer hasn't been compliant under the contract, so you're basically rewarding them for not being compliant; meanwhile, we have to put our pants on a certain way. I mean, should I just stop towing the Fire City ofMiami Page 75 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Department's trucks when they break down, you know? Chair Hardemon: No, I hear what you're saying. Mr. Del Rosal: And I'm the only vendor in the whole city that does it. Chair Hardemon: Noncompliance is a little -- it can be a loaded term, you know, because I'm sure there's a lot of things fit within the idea of being noncompliant. However, is there any further discussion on this assignment? Commissioner Suarez: On that issue, I would just say this, in fairness to them, because I got to be fair; I'm a very fair person: Part of the reason why they've been operating without a transfer is because they've come to the Commission meeting, and we've delayed it for -- what? -- a couple Of months; for good reasons, by the way, because their predecessor in interest was someone who -- it was in the news, and there was a lot of negative things that happened. And so, I don't know at what point, you know, they took over, or what, and I don't know --you know, obviously, there's an ambiguio) as to whether they should be operating or not operating, but the fact of the matter is that they came to seek the transfer, and we've delayed that process, because we were investigating to make sure. And I also want to give a little bit of kudos to my Administration, and to the Police Chief in particular, because I've been the one from day one, at the behest of many of the towers, asking that they crack down on the pirate towing; and to your credit, you did that. It was -- you know, it led to the arrest of many people, including, unfortunately, some of our Officers, and that's something that's cleaned up the industry tremendously, thanks to the Administration. Mr. Del Rosal: And we thank you for that; we do. Chair Hardemon: Any further discussion on the issue? Jose Herrera: If the Administration has any questions -- I'm Jose Herrera; professional office at 2350 Coral Way. I'm the attorney for American Towing. You have an affidavit. Your staff has vetted my clients up and down. As I stand here, I probably can represent we probably have twice the size fleet than any of your current towers. We have 27 trucks. We've towed for major companies; it's all attached. I can detail every ounce of it, including every detail of what transpired, how we had to go through the vetting process. They've inspected everything. This is a simple compliance with your own franchise, which requires us just simply to get the assets transferred. I'm not going to get into noncompliance, or defaults, or anything like that, because you've had people speak up here, which should have been cancelled because they don't even have indoor storage, they don't meet your criteria, but that's not my objective. The objective is two different issues: You -- I understand the issue with the REQ (Request for Qualifications) [sic], and I will tell you this: Everything your Manager has said I've been involved, trying to get some of the folks together. I represent another company as their attorney that's in Commissioner Gort's district. They can't seem to get on the same page. I will say that in all candor to you all. So the REQ [sic] is something totally different from this. This is a straight asset transfer. There were certain steps that were taken to make sure that everything was in compliance. Any allegation, or accusation, or any representation that's been made that my client has not complied -- my client brought every fee up to date. You have folks standup here that haven't paid their fees. We've done everything that we were asked to. We cleaned it up, we put it all together; all our trucks, all our folks have been vetted This is a very simple process; two different things. I understand their situation. By the same token, I can say, okay, they shouldn't be running two zones; yet, they're running two zones. Chair Hardemon: All right, let's -- I think that's enough. We don't have to continue going -- (UNINTELLIGIBLE) back and forth about this issue. Is there any further discussion from the Commission regarding the assignment of the rights? City ofMiami Page 76 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: When is the REP going to be pushed out? I just want to know. Commissioner Gort: Two weeks, he saes. Commissioner Suarez: Okay. Chair Hardemon: Okay. All in favor of RE. 7, indicate so by saying 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: All against? Motion passes. RE.8 RESOLUTION 15-01598 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Frank ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Carollo INTERLOCAL AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, ALLOCATING GRANT FUNDS FROM THE DISTRICT 3 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT UP TO $235,905.00, FOR THE CREATION OF A NEW PERMANENT LOCAL MARINE SERVICE TECHNOLOGY PROGRAM AT LINDSEY HOPKINS TECHNICAL COLLEGE, TO PROVIDE STUDENTS WITH MARITIME SKILLSETS IN ORDER TO FULFILL THE DEMAND OF THE NUMEROUS MARITIME JOBS IN THE MIAMI COMMUNITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE DONATION. 15-01598 Legislation.pdf 15-01598 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0134 Chair Hardemon: Before we go on to PH 3, I want to take the time to recognize someone that is here with us. Our dearest School Board member from District 7, Ms. Lubby Navarro; she's here. Please, everyone say welcome. (Applause) Chair Hardemon: If you need anything, just let us know, so -- okay. Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I think she's hereon item RE.8. City ofMiami Page 77 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: RE 8. Commissioner Carollo: So, if we could possibly take that out of order. Chair Hardemon: Sure. RE 8. Let's call RE 8. Commissioner Lubby Navarro: Good morning, Mr. Chairman and Commissioners. It's a pleasure to be here before the City of Miami. I'm not sure if I have to signup to speak, or if I should say my address. Chair Hardemon: Just --we know who you are. Commissioner Navarro: Thank you. Chair Hardemon: Say your name. Commissioner Navarro: Thank you. I'm Lubby Navarro, School Board member, representing District 7. I'm hereto speak on --in support of RE 8. First, I want to begin by thanking the great Commissioner Frank Carollo for bringing forth this item, and also for the City to take up this important initiative. As a newly appointed School Board member, one of the initiatives that I felt was very important in our school district in finding ways for us to increase opportunities for our youth and our adults in our community is an area where I find there was a big need in our City and in our Count), which is the maritime trades programs that are lacking in our communio) , so since my initiative, I began working with many of the stakeholders involved in this initiative, and I want to thank the Cit) for coming forth and bringing this opportunity; and also, I know joining us here is Mr. Horacio Aguirre, chairman of the Miami River Commission, who have supported this unanimously; and also the Bayside Foundation. I think this collaboration will begin the process in our community, in our public school system, with the support of this item and the support of the City to begin to lay the ground work for opportunities in the maritime trades, which are lacking in our community. I think this trades has a lack of opportunities for students to be able to go to them, because there is a growing need in this field. There's an aging population. If you go across the country, other communities have programs in place. We are a port city; we have a working river, and we have to connect those nexuses for our students, and the future of workforce in Miami is in the water. Sothis will begin to lay the ground work for opportunities at Lindsey Hopkins, so I'm excited, and I know we'll be back to invite you all when we open that in the fall, but I want to thank Commissioner Carollo and all of you for supporting this item, and the stakeholders that are here, so thank you. Chair Hardemon: Thank you. You're recognized, sir. Nathan Kurland- Nathan Kurland, 3132 Day Avenue. Don't make excuses for why you can't get it done; focus instead on why you must make it happen. I wish to commend Commissioner Frank Carollo for his support of the marine education program for the City of Miami and for Miami -Dade Count). I wish to welcome and thank Lubby Navarro, Horacio Aguirre, and all the people who have joined in this effort. Miami Bayside Foundation, over two years ago, began some of these discussions to talk about an education for the busiest port, the busiest river, the busiest bay; 51 boao) ards, and yet, we don't have any education to teach someone how to fix and repair an inboard or an outboard motor. One has to go all the way up to South Broward, to the South Broward High School, which has a rather remarkable program that's been established for over 25 years. We took a tour; it's extraordinary, and there's absolutely no reason why we can't have that very same institution here in Miami -Dade. It's that old song: "Give a man a fish, he eats for a day. Give a man a fishing rod, he eats for a lifetime. "This is an 18 -month program, Pell Grant -supported, where we can literally give children and adults an 18 -month education; after which, they can get a very well paying job right here in the City of Miami. I want to thank City ofMiami Page 78 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 again Commissioner Carollo for his support of this project. Horacio Stuart Aguirre: I don't think I can say anything better than Mr. Kurland does. He's one of the greatest orators in our communii)�. Horacio Stuart Aguirre, as chairman of the Miami River Commission. Mr. Chairman, thank you very much; pleasure to be here. And Ms. Lubby Navarro, thank you very much; you're an outstanding leader in our communio) . On behalf of the Miami River Commission, we commend Commissioner Frank Carollo for his leadership in this matter in bringing it to the Miami River Commission and to Nathan Kurland. The Miami River Commission strongly endorses and supports this. We've spoken to no less than 30 businesses of the Miami River, and they're all telling us that there is a strong need for qualified, trained educated, experienced technicians, and I stress the word t' echnicians'because today, the repair, maintenance, and servicing and operation of a yacht is vett' similar to the operation of a private jet airplane. The Navionics equipment is almost identical. The equipment from Garmin, from Magellan, for GPS, for engine management, for power systems management is the same glass panel equipment. The paints aren't called paints anymore; they're called coatings. The chemistry is totally different. They're highly scientific. They require training and guidance from professional chemists. The fiberglass repair business: totally different from what it was 30, 40 years ago. It is, today, very sophisticated,- highly technological. We need trained people, or we will lose all the effort that we've made in the last five years to bring the recreational and boating industry back to Miami. Thank you. Chair Hardemon: Thank you very much. Is there anyone else from the public that'd like to speak on this item? Renita Holmes: Just if I may, Madam Holmes, with the Women's Association. And while -- and when I talk about poverty initiatives, I think marine is a wonderful idea, but when we define communio) stakeholders, it's great to create jobs for youth, but if I'm a working youth in a household with a working mom, a lot of these industries of construction and marine are not necessarily attending to the job opportunities for the more complex population that you're targeting with CDBG (Community Development Block Grant) funds. And through my years of coming from public housing, I know they're gender -specific; there are other programs that are culture -specific. And again, where is the industry participation of youngAfrican-American or Latin girls that really are in the marine industry? We know that the industry documentation and the report that we're making tonight shows the gaps, so we need to talk about creating culturally competent, holistic povero) initiatives, because doing one only puts the lean on boys to take care of their mothers, and I know boys that kill about their momma, and so that's why I'm here; that's why I'm Madam Biggy Momma, 'because it's a culture within itself. But somehow, when we think about building and initiatives and povero) , she's a poor woman; let us help her kids. (UNINTELLIGIBLE) really ask me as a African-American woman, What are the better industries? "And we want to make those recommendations about poverty initiative. There are a lot of women that came home from the Navy but is married to one living in Liberty Cit), Overtown, and I think there are some in Little Havana that, I'm almost sure, need us to note that you have to look at it holistic. It's a flood ole boy Industry. Let's get some flood ole girls, 'Phe working moms that aren't college graduates. We need that special population to get it, and there are recommendations: one, technology. And we want it, Commissioner. I would think that the young ladies and the girls that we have in Little Havana, your district, would like to play a part about that bridge. Isn't it funny; every time we build bridges or have (UNINTELLIGIBLE), some woman falls off the bridge -- woman -- (UNINTELLIGIBLE) say we better close the gap (UNINTELLIGIBLE) to fill that hole. Chair Hardemon: So we look forward to you bringing us some women and children that will be eligible for the program, so that we can make this thing work. Ms. Holmes: I'm one myself. City ofMiami Page 79 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: We know -- no. (UNINTELLIGIBLE) -- and you can participate. We know who the players are. Ms. Holmes: Yes, sir. Chair Hardemon: So that's -- I believe that should be your role. Ms. Holmes: Yes, sir. Chair Hardemon: If you can help that -- Ms. Holmes: That's my job in life, so -- Chair Hardemon: Right, but -- Ms. Holmes: Yes, sir. Chair Hardemon: -- that's what I'm asking you to help us do then. Ms. Holmes: And I should get the funds to do it, because I've been doing it for 37 years. Chair Hardemon: The first step is toying to bridge that gap. Ms. Holmes: Yes, sir. Chair Hardemon: By to bridge that gap, and then you find a way to create a 501(c) (3) that can (UNINTELLIGIBLE). Ms. Holmes: I did have a 501(c) (3). Chair Hardemon: I know you do, but I'm just saying -- but let's bridge the gap. So, if we can bring the students, I'm sure that all of us will see value in that. Ms. Holmes: All of us -- these students -- I mean, the youngest -- the oldest too? Disablers, too? I mean, I'm just a specific person when it comes to -- Chair Hardemon: There's -- Ms. Holmes: Women are about really taking care of things. Chair Hardemon: I'm telling you this right now: We know that on the Miami River, there's lots ofprojects that are coming. Ms. Holmes: I'm three doors down. Chair Hardemon: We just passed one -- Ms. Holmes: Yes, sir. Chair Hardemon: --the (UNINTELLIGIBLE). Ms. Holmes: Yes, sir. Chair Hardemon: (UNINTELLIGIBLE) just passed one that's coming to the river for restaurants and such. City ofMiami Page 80 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Holmes: Yes, sir. Chair Hardemon: And they will continue to proliferate through the Miami River, so let's -- Ms. Holmes: Thank you. Chair Hardemon: -- have them get ready for those jobs. Ms. Holmes: Thank you. Chair Hardemon: Is there anyone else here that'd like to speak on this item? Seeing none, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by thanking evetyone that came forward and spoke on behalf of this initiative. We in the Cit) of Miami are located next to one of the most vibrant and aquatic communities in the world, countless careers here in the Miami rely on the marine industty, like the Miami River, Biscayne Bay, and the port of Miami. Before I continue, I also want to point out that Kathleen Murphy from Bayside Foundation is also here. I know you didn't come up to speak, but this is not something that's been done in a bubble. I mean, we speak to all these different organizations, and so forth, and, you know, we really see that there is a need for this. Our communio) is home to a billion -dollar marine industry; and today, we have an amazing cpportunio) to ensure that our communio) , the local residents, the marine business, and the future generations continue to lead the way by creating the first marine service program in Miami. Can you believe that with our billion -dollar industry here in our communio) , with countless jobs on the water, there is no program to teach our residents these necessary skill sets in the Cit) or in the Count)? The marine service program will assist local residents by educating them in marine -- maritime skills and strengthening the important marine indush y within our community. I have been working with the Miami -Dade Count) School Board. Lubby, thank you for your participation; Superintendent Carvalho, among as many of his staff, as well as some of the organizations that came forward today and spoken in support of this to seek to establish this new and long-lasting marine service program in order to further job skills, fulfill the demand of numerous maritime jobs, and attract even more jobs to be filled by skilled residents. This program will foster more economic prosperio) in our communio) in one of the central industries. It is my desire to donate $235,905 of the District 3 antipovero) initiative funds to ensure that the necessary equipment and fixed assets are in place to start the marine service program. The marine service program will begin with 20 participants, and the courses will be held at Lindsey Hopkins Technical College in the Cit) of Miami. Our goal is to establish a long-lasting program, and today, we take the first step in establishing this new and vett' needed program. So with that, I move the -- I move RE. 10 -- RE.8. Commissioner Gort: Second. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded by Commissioner Gort that we pass RE.8. Is there any further discussion? Hearing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. RE.9 RESOLUTION 15-01636 City ofMiami Page 81 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR FINANCING OF QUALIFYING IMPROVEMENTS TO PROPERTIES WITHIN THE CITY OF MIAMI; REQUIRING THAT PARTICIPANTS IN THE PACE PROGRAM CERTIFY RECEIPT OF THE "ADDENDUM NOTICE OF RIGHTS AND RESPONSIBILITIES FOR PROPERTY OWNERS IN THE CLEAN ENERGY CORRIDOR PACE DISTRICT", ATTACHED AND INCORPORATED AS EXHIBIT "A". 15-01636 Back -Up from Law Dept.pdf 15-01636 Pre-Legislation.pdf 15-01636 Legislation.pdf 15 -01636 -Submittal -Victoria Mendez-Ygrene Financing Agreement Section 8.pdf 15 -01636 -Submittal -Commissioner Carollo-Addendum Notice of Rights.pdf 15-01636 Exhibit "A" - Sub.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0144 Chair Hardemon: 3 o'clock time certain; I believe that's -- what? -- YGrene? Could it be -- Todd B. Hannon (Cit) Clerk): Yes, sir. Chair Hardemon: -- for the PACE (Property Assessment Clean Energy) Program, or whatever way -- Mr. Hannon: PACE and YGrene presentation; yes, sir. Chair Hardemon: --she wanted to describe it. Are you the court reporter here for the PACE Program? Unidentified Speaker: For PZ 11 and 12. Chair Hardemon: PZ 11 and 12. We're not hearing PZ 11 and 12 right now, okay. Just letting you know. Commissioner Suarez: Not yet, not yet. Chair Hardemon: Not yet. The item for PACE is RE 9. Lillian Blondet (Director): RE.9, in conjunction with DI. 2, a discussion item. Good afternoon. Lillian Blondet, Office of Grants Administration. This is a resolution of the Cit) of Miami, amending the Green Corridor PACE District to expand eligibilio) for financing of qualifying improvements to properties within the City of Miami. Currently, it's limited to some of the districts in the Cit), and I know the Commission wanted additional information; YGrene is here to address some of those questions. Chair Hardemon: Wasn't there some --also information that the City Administration prepared? City ofMiami Page 82 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Daniel J. Alfonso (Cit) Manager): The information that we were asked to prepare has been prepared and reports are in the backup, right? Ms. Blondet: Yeah. They're in the presentation in the back with the discussion item. There's a presentation there. I have it; if you want me to, I can put it up in the screen. Chair Hardemon: Yeah, I think it might be fair to present that information -- Ms. Blondet: Okay. Chair Hardemon: -- that you prepared. That'd be great. Ms. Blondet: Let me bring it, and we'll put it there. Commissioner Gort: What are we waiting for? Hub? Chair Hardemon: Seems that we need some help from IT (Information Technology); if IT could come -- Ms. Blondet: Yeah. Chair Hardemon: -- give us some assistance. Ms. Blondet: Yes, yes, because I don't think this point -- Chair Hardemon: And until then, we'll just have a few minutes of recess, so -- because Commissioners have some discussion they need to take. You can have a four, five-minute recess while IT gets this setup. Ms. Blondet: Thank you. Sorry about that, Commissioners. Chair Hardemon: Call the meeting back -- we re -adjourn [sic] the meeting. Ms. Blondet: Okay. PACE presentation. Chair Hardemon: Correct. Ms. Blondet: Take two. Chair Hardemon: Once again, we're discussing RE. 9. Ms. Blondet: Yeah. This is the item to -- it goes with a -- discussion item number two. It's regarding the PACE Program, and the Commissioners had requested a short presentation regarding the background of PACE, so I'm just going to give you a little bit of background in this. PACE is a mechanism for financing energy efficiency and other qualifying improvements in jurisdictions on private property. The --it allows the government and other entities to --based on State law, to pay these improvements in private property through an assessment in the tax. The Green Corridor PACE District is a special assessment district of several municipalities in Dade County, and it's authorized to implement the Green Corridor Program. It's a voluntary special assessment, and then people have to sign in to the program; it's not forced. And it's -- allows the government, including the City, to authorize the financing of these improvements. YGrene is the local administrator of the program, and they are the ones that meet with the residents and with the contractors in order to implement the improvements for PACE. City ofMiami Page 83 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Are there any other companies besides YGrene that implements the program within the Ciov ofMiami? Ms. Blondet: I think not within the Cit) ; I think maybe within Dade Cotmov. Up to date, the program summary, there are 550 applications since they started the program in 2015, most by any municipaliov. We're the largest one in the corridor. It's 155 projects that have been funded and completed. That's equal to $4.5 million; and there are 90 projects in progress, which equals $1.9 million. There may be an update on that number since we did the presentation a month ago, which YGrene is here available to provide that update, if required. These are the categories and improvements. The Florida program allows for improvements for windows, and I don't -- okay, it's not here, but the green area is the windows; and the pink -- I don't know why it's not showing in this; it shows in my presentation here -- is the air conditioning, and then you have some of the air conditioning and other lighting and water heater upgrades. The average residential property value is 544, 000, and the loan -to -value ratio is 51 percent, and that's the profile of all the participants that have taken advantage of the program. Again, what -- the required -- Chair Hardemon: Can I ask you a question? Ms. Blondet: Sure. Chair Hardemon: Canyon go back one slide? Ms. Blondet: Yes. Chair Hardemon: So that number, are you sure that's residential and it's not mixed with the commercial? Because I know it had some commercial -- Ms. Blondet: That's the residential number. Vice Chair Russell: The average house that's taking on this program is a half -million dollar house? Ms. Blondet: That's correct. Commissioner Suarez: Well, I mean, it's only available in two districts, which happen to be two very wealthy districts. Ms. Blondet: It's available, yeah, in two districts only. Commissioner Suarez: Yeah. That's the reason. Ms. Blondet: The program is not available ciovwide. Commissioner Suarez: If you only make it available to people that have wealthy homes, then only wealthy people are going to be able to take advantage of it, and that's the problem. That's the issue. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Yeah, and I think the original issue was concerns that -- I don't want to say Predatory lending, 'but some type of program where some of our residents may be taken advantage of, and I think that's why it was made in a pilot program in only two districts. Seeing that it's worked in two districts, I actually had spoken with --will it be YGrene? The people from City ofMiami Page 84 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 YGrene; and I said, "Listen, I could get comfortable if we do a one-page addendum that clearly stipulates some of the concerns, " you know, so it's not small print. It's not -- it's big print, four bullet points that clearly stipulate some of the concerns so that everyone has -- serves as a safeguard, you know; make sure that everybody clearly understands, is aware of the concerns, and they agree to it. I could pass it out. Chair Hardemon: Yeah, you can pass it out, make sure the Clerk has a copy, but I want to get through the presentation so the people at home and those here can at least know more about the program. Canyon continue, please? Ms. Blondet: Yeah. The program guidelines and this slide shows that it's -- required criteria is based on the State law, so there are certain things that whoever participates have to meet this criteria, and YGrene needs to check that they meet the criteria. So any homeowner has to have at least 10 percent equip) on the propero) ; no delinquency on property tax payments for the last three years; no default notices for the past three years. Chair Hardemon: Or time lived in property. Ms. Blondet: Or the time, yeah. No -- Chair Hardemon: So if you lived there one year -- Ms. Blondet: You don't qualify. You qualify? Okay. No involuntary liens on the property; not currently in bankruptcy; you have to be current on your mortgage, and the total property debt -- that means all the liens on the property and the YGrene assessment cannot exceed the property value. So people have to meet these criteria to be able to participate in the program. Commissioner Suarez: Yeah, that's fine. Ms. Blondet: Any questions on this slide? I know that there were some questions on cases that were in the courts regarding PACE Program. Chair Hardemon: Where did you get this information from; from the Cit) Attorney or --? Ms. Blondet: From -- this one from the Cit) Attorney, yes. Chair Hardemon: Okay, good. Ms. Blondet: So maybe the City Attorney, you know, can answer the questions regarding the legal matters. So there have been two cases that were dismissed,- two cases that required amendments to the financial agreements to remove all reference to judicial foreclosure, and one case that also require amendments to the bond documents. And these are some of the quotes from the secretary of HUD (Department of Housing and Urban Development) regarding FHA (Federal Housing Agenc)), and regarding other programs, and what is the lien in the property regarding other liens and banks [sic] loans that the property may have. So this says that "FHA will make financing available for single-family homes with existing subordinate PACE loans as long as they meet certain conditions. " FSJ[sic] was [sic] "developing a single-family PACE guidance to overcome impediment in the purchase and sale of properties to which PACE loans are attached due to these concerns, " because there were a lot of concerns in the banking industry. Chair Hardemon: The first -- the statement -- I mean, the first statement that you have by the Secretary of U.S. HUD that says that the "FHA will make financing available for single-family homes with existing subordinating PACE loans as long as they meet certain conditions, " do you have what those conditions are, and whether or not the PACE program has -- or the YGrene, or City ofMiami Page 85 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 whomever is the actor, has met those certain conditions? Ms. Blondet: I don't have the answer to that. I don't know if Madam -- Chair Hardemon: Where did you -- Ms. Blondet: -- City Attorney has the answer to that. Chair Hardemon: Where did we get this statement from? Where was this statement pulled from? Ms. Blondet: This is from the portal from HUD. Commissioner Suarez: Says -- it's got a website there -- Ms. Blondet: From their website. Commissioner Suarez: —underneath it. Ms. Blondet: The -- Victoria Mendez (City Attorne)): Which slide is that? Ms. Blondet: This slide, Madam City Attorney -- Chair Hardemon: It's the slide after -- Ms. Blondet: -- is the quote from Julian Castro, Secretary ofHUD, and the Chairman wants -- you know, would like to know if we know the conditions that they have to meet for the FHA, to meet the financing. Ms. Mendez: As of right now, this is meant to be something that goes on your tax roll and can roll over, right? That was the intent. However, based on Freddie Mac and Fannie Mae and several lending institutions, they require you to pay it off before you sell. So, in the disclosure that Commissioner Carollo requested, and also was a concern of Commissioner Gort, he wants to make sure that there's an extra disclosure that tells you: "This special assessment is meant to remain with the property until it is fully paid, even if the property is sold. However, your financial institution may require you to pay it off prior to any sale. " Chair Hardemon: And that -- that's one of the concerns that I had, and especially when it comes to, say, foreclosures. So, for instance, District 5 has probably had some of the highest foreclosures in the City of Miami; still facing foreclosures. So I -- what Id like to imagine is that, say some properties within the district are -- they have these improvements put onto them that adds to the lien holder -- adds additional lien holder to it that must be paid. Currently, today, without what you just said, what comes to my mind is that it becomes difficult for someone to buy a place or buy a home within the district, because when you look at that home, it has those additional improvements on it, and then that new purchaser has to satisfy that debt. And so, are we saying that, today, that that would not be true; that a new purchaser would not have to satisfy that debt if it's foreclosed upon, and that home is vacant in the Cit)? Ms. Mendez: It depends what the process is. If it's -- let's say if it's not -- let's forget about a foreclosure for a moment. Let's say someone is bitying a property that has this assessment on it, and they will -- depending on their O pe of financing for purchasing the home, if it's a "cash buy it, " they would not need to pay off those taxes; it could roll with the property. If it's a financial institution, which is --you know, 95 percent of your purchases are done through financial institutions -- City ofMiami Page 86 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Not really, but (UNINTELLIGIBLE). Ms. Mendez: -- they would require for that to be paid off so that that isn't a super lien. Chair Hardemon: So that's part of what my concerns are. I mean, I'm in the process of buying a home now, and I know -- and I've learned this from difficulties from other folk before I started, and what about the initial concerns about something like this, but -- I mean, this can really frustrate your abilio) to purchase property, unless you're a cash buyer, and you're buying --and gentrifying certain areas, but if you're trying to buy a home and it has these improvements on it, it has that lien on it, you're telling me that, today that I would have to satisfy that in order to make the purchase. And the reason why it becomes an issue, because think about it this way: If the average home for sale -- or the average sale purchase price in an area is, say, $160, 000, and then you have an additional, say, $60, 000 for the lien that's put onto the property. Now, you have to satisfy that 150 or 160, plus the additional lien, and that becomes the point where there's a problem with the lending, because the lender would probably tell you, "No, the home is not valued at that, it's valued at 150 or 160, " despite the fact that it has, say, those improvements on it, because the homes are selling at that price, and the only person who could satisfy that -- or buy will be a cash buyer. Ms. Mendez: It -- Commissioner Suarez: Mr. Chair. Ms. Mendez: -- depends on the mechanism for financing you use to purchase the property. Commissioner Suarez: Guys -- Ms. Mendez: And we will disagree on this, Commissioner, I understand but -- Commissioner Suarez: Well, you don't even know what I'm talking --you don't even know what I'm agreeing or disagreeing with. What I'm -- I'm disagreeing with everything that's being said, everything, the whole thing, because it's a misunderstanding of what happens. First of all, this is a loan. So, if you're a borrower, and you borrowed under this perspective versus, let's say, a traditional loan, like a second mortgage, this is actually more favorable for a borrower, and I'll explain to you why. If you don't pay a second mortgage, the bank can foreclose immediately, okay, the first month that you don't pay it. With this, since it's involved in your tax bill, you can't foreclose a tax bill for three years, until three years. It gets sold as a tax certificate, which you can also redeem, and then it doesn't get sold until -- it doesn't get sold to be a tax deed for three years after you don't pay the taxes. So they, basically, can't take away your house for three years after a failure to pay, so that's issue number one. Am I correct or not? Ms. Mendez: Right. We haven't gotten -- Commissioner Suarez: Okay. Ms. Mendez: -- to that provision. Commissioner Suarez: So that's issue number one. Issue number two, in terms of the value: If you're getting foreclosed, if --first of all, no one's going to lend you -- if you have a house that's worth $150, 000, the scenario of $60, 000 in these liens that are out there, no one's going to -- you loan based on the value, so no one's going to lend you 150 percent of the value. That's a very, very bad investment by the lender, and I could tell you that no lender is going to lend on that amount. And since their lien is a priority lien, when -- if you're a subsequent purchaser, you're going to pay that lien. That lien is totally going to be covered. Let's say it's a $20, 000 roof or a City ofMiami Page 87 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 -- or $15, 000 windows, and the house had gone into foreclosure, that lien gets paid first. So if you're a subsequent buyer for value -- let's say you buy it in foreclosure -- you pay off the taxes first, which are -- which is this lien, plus the taxes that are owed, then whatever is left goes to the bank So the person that ultimately loses, if you will, is the bank Chair Hardemon: Right, but -- so my question to you is this: For instance, this lien is attached to this home, though, subsequently to -- Commissioner Suarez: Right. Chair Hardemon: -- that initial lien. Commissioner Suarez: Right. Chair Hardemon: So that would -- I know that has to be one of the issues that's been litigated, is whether or not that --under the PACE program, a company like YGrene can take first priority in a mortgage. Commissioner Suarez: Right. Chair Hardemon: And so, that's part of my concern, so --for instance, so, most of the time, say within my district, if a home is foreclosed upon and the values -- the homes are selling for 150, $160,000-- Commissioner 160,000-- Commissioner Suarez: Right. Chair Hardemon: -- they're not -- those companies on the east side of the district, they can get that value -- Commissioner Suarez: Sure. Chair Hardemon: -- and maybe a little bit more for their house, because they don't want to -- because they know that people, they will buy at the market rate or a little bit higher. However, on the west side of the district, which this would also affect, if the homes are being foreclosed on in $150, 000 -- or the value's $150, 000 -- Commissioner Suarez: Right. Chair Hardemon: -- those homes are selling on the -- they're selling for 60, 70, $80, 000. So what I'm saying is that if this is only satisfying, for instance, the first lien holder, that would be the -- in this case, would it be YGrene, or would it be the mortgage company? Commissioner Suarez: What I'm saying is, under your scenario, it's a little confusing, because you're talking about a house that's actually worth 60, 000, because that's what it's selling for, so that's the value. I don't know where the other 150 comes in. Chair Hardemon: No, no, they're selling -- what I'm saying is that the mortgage company -- Commissioner Suarez: Right. Chair Hardemon: If you're buying homes within the district -- Commissioner Suarez: Right. Chair Hardemon: The homes that are being put for sale now -- City ofMiami Page 88 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Right. Chair Hardemon: -- they're selling, say, about $150, 000; 120, 150, 160. Commissioner Suarez: Okay. Chair Hardemon: Okay? Commissioner Suarez: Right. Chair Hardemon: But when those homes in that same area are being foreclosed upon -- Commissioner Suarez: Right. Chair Hardemon: -- they're being sold at a value that is much lower than that. Commissioner Suarez: Right. Chair Hardemon: Part of the reason -- Commissioner Suarez: Right. That's what happens in foreclosure. Chair Hardemon: -- it's 150, 160 -- but part of the reason 150, 160 is going that way is because a lot of them are cash buyers -- Commissioner Suarez: I get it. Chair Hardemon: -- or companies that are buying. Commissioner Suarez: I know; and I know the foreclosure process very well. So let's say somebody bids and nobody else counterbids, and they only bid $60, 000 on a property where there's a $150, 000 mortgage, and let's say a $20, 000 debt to YGrene, as an example. What would happen in a scenario like that is the buyer can buy the property; YGrene, and the tax bill, whatever that is --let's say there's back taxes for another 5, 000 --that gets satisfied first. That's the first priority. And then with the remaining 35, 000, that goes to the first mortgage, and the rest of the mortgage is extinguished. That was a bad loan for the mortgage company, so they take the loss, the new buyer buys the property, and that's it. Chair Hardemon: Has that process been fully litigated, that YGrene gets to take five --first priorio) ? I assume that's what -- part of the (UNINTELLIGIBLE) -- Commissioner Suarez: It's State law. Chair Hardemon: --have in the -- Ms. Mendez: But that issue hasn't been litigated yet. Commissioner Suarez: But it's State law, though. Ms. Mendez: The -- Commissioner Suarez: This mechanism is State law. Ms. Mendez: Yes. City ofMiami Page 89 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Right. Ms. Blondet: Yes. Commissioner Suarez: So, I mean, they would have to say that it's unconstitutional. Ms. Mendez: Right. Commissioner Suarez: But that would be the same as saying --you know, having property taxes have a priorio) over a first mortgage is also unconstitutional; right or wrong? Right. Thank you. Ms. Mendez: I just want to be clear -- Commissioner Suarez: Checkmate. Ms. Mendez: --that two people --we're talking about two separate processes. Commissioner Suarez is explaining what happens in a foreclosure process, and how it takes three years -- Commissioner Suarez: Sure. Ms. Mendez: -- and all that. That is perfectly correct and fine. What Commissioner Hardemon was talking about is just a basic purchase of a propero) -- Commissioner Suarez: Right. Ms. Mendez: -- and that's what I was explaining -- Commissioner Suarez: A purchase of a property in foreclosure. Ms. Mendez: -- on a purchase, not -- No. That's why -- well, what I explained to him was a regular purchase property, and that's -- Commissioner Suarez: Okay, let's go through your scenario. Ms. Mendez: Okay. Commissioner Suarez: Let's go through your scenario. What is your scenario? Ms. Mendez: The scenario that I was trying to explain has to do when -- which is what he originally asked -- was when you have a regular purchase -- let's say -- Commissioner Suarez: Right. Ms. Mendez: -- that you are buying a propero) for -- I'm bad at math -- so $50, 000, okay, and it's worth $50, 000. Commissioner Suarez: Okay. Ms. Mendez: But if it has $20, 000 extra -- Commissioner Suarez: Right. Ms. Mendez: -- in improvements -- City ofMiami Page 90 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: Right, you would have never gotten a $20, 000 loan, because you add a 100 percent loan -to -value, so that scenario would have never happened so let's just start there. Chair Hardemon: Well, that's my point. That's my -- Commissioner Suarez: Right. Chair Hardemon: Well, that's my point. Ms. Mendez: Thank you. Chair Hardemon: My point is that those who are buying in areas where they cannot -- or -- the affordable housing, right, not necessarily -- let's say housing that is affordable to people that live in the area. If you live in Libero) Cit) , and all you can afford is a $50, 000 home, and then there is an improvement that is on that home, so that improvement, say, is worth $20, 000, the way you explained it, you may not be able to buy that home --you most likely will not be able to -- be the purchaser of that home, because they won't give you the loan. Why everybody making all these facial expressions? I (UNINTELLIGIBLE) -- Commissioner Suarez: No, guys, because you're not understanding the way a lending market works. Chair Hardemon: No. I know -- Commissioner Suarez: First of all -- Chair Hardemon: -- the lender won't give me the money because -- Commissioner Suarez: But, listen, the scenario she's positing would never happen, because lenders are not lending 100 percent loan -to -value now anyways, so anybody who's borrowing money today has to borrow approximately 80 percent loan -to -value, okay. That's the market today. So you're going to come in with equip) . Their decision as to whether they loan you money is based on how much equip) . That's -- any lender's decision to lend money is based on equip) . So if you don't have any equip) , you can't borrow money. That's just a simple -- Chair Hardemon: Well, that's for the borrower. That's what their decision is. I'm talking about the subsequent purchaser. What I'm wondering is this: When Keon Hardemon gets a loan from YGrene -- Commissioner Suarez: Right. Chair Hardemon: -- and I make the improvement on my house, and then I -- Commissioner Suarez: Sell it. Chair Hardemon: -- get rid of the -- I lose the home; I walk away from the home -- Commissioner Suarez: Right. Chair Hardemon: -- that has those improvements. When Commissioner Carollo comes -- Commissioner Suarez: Right. Chair Hardemon: -- he wants to buy that home, will he have to satisfy the debt that I left on that City ofMiami Page 91 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 property? Commissioner Suarez: Yes, but this -- Chair Hardemon: Now, that, to me, makes it more difficult -- Commissioner Carollo: Yes. Chair Hardemon: -- to sell the home. Commissioner Suarez: No, it doesn't. Chair Hardemon: Yes. Commissioner Suarez: Not at all, not at all, because you're not understanding the process by which that home is sold The process by which that home is sold is either by foreclosure, right? Or how else would it be sold? I don't understand how it would make it more difficult. If it's by foreclosure, then what'll happen is that priorio) lien interest, just like a tax bill, will get paid first. The bank who lend the money will be subordinate to that interest; they'll get whatever's remaining, and then that's it. That's the end of the transaction. The buyer buys; he's happy. The -- they get paid back; they're happy. The taxing entio) gets paid back, they're happy. The only person that's not happy is the bank, who made a bad lending deal, and that happens. That happens particularly in a declining values market where, you know, maybe somebody loans an 80 -- well, we had a crazy situation where, back in the day, we had people len -- loaning over 100 percent of the value; and if the price of property declines and you're underwater -- so you're upside down in your mortgage -- and that means that the bank made a vevy bad lending decision, and a lot of banks made bad lending decisions. Chair Hardemon: Now, the question I have about the whole bad lending decision --you know, you reiterated it a few times. Commissioner Suarez: Right. Chair Hardemon: -- is that -- and that's why I asked about whether or not it had been litigated, and you said, it's State law, so I guess we'll get there at some point. But when you're saying that the bank -- when the bank made its loan, whether or not it was, let's say, a good or bad lending decision, I guess, is that interfered with by a company like YGrene that will come in and then offer the loan and become first lienholder? Commissioner Suarez: So -- Chair Hardemon: I guess I've all -- the way that I've always learned -- Commissioner Suarez: So here -- Chair Hardemon: --and I know you deal with this all the time. But the way that I've always learned was that the first lienholder will always be that first mortgage person. The second -- if you get a second mortgage, they don't jump to number one. You understand? Commissioner Suarez: So, technically, when you put in any sort of debt, you have to notify the first lienholder -- okay? -- which is precisely why I like this, what Commissioner Carollo proffered this disclosure, because it specifically says that you have to notify the senior lienholder, okay, of what you're doing. Theoretically, the first mortgage could create -- you know, could call a notice of default, theoretically. I don't know of -- has it ever happened? It's never -- has it ever happened, as far as you know? City ofMiami Page 92 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Rafael Perez: Canyon state the question again? Commissioner Suarez: The question is, if you get a PACE loan, and now it's involved in your tax bill, do you have an obligation under the mortgage to notify the --you know, the --? Mr. Perez: Yes. Any time -- Commissioner Suarez: Right, the loan. Mr. Perez: -- somebody applies, we send -- Commissioner Suarez: Right. Mr. Perez: -- a notice to lender to comply with the State law. Commissioner Suarez: Right. And do they have the right to say `yea" or "nay"? Mr. Perez: By State statute -- Commissioner Suarez: They do not. Mr. Perez: -- they can say, iio, 'but it's the law, though. Commissioner Suarez: Right. Mr. Perez: The property owner -- Commissioner Suarez: So they're preempted by State statute? Mr. Perez: Yes. Commissioner Suarez: Like a condo is preempt -- in a condo association, when you put a lien, that's part of the -- it dates back to the condo docs. Mr. Perez: The State law says -- Commissioner Suarez: Right. Mr. Perez: -- that we just have to notify the lender -- Commissioner Suarez: So there you go. Mr. Perez: --and the property owner still can make a decision to move forward. Commissioner Suarez: Right. Mr. Perez: It is very clear in 163.08 that no lender could modify unilaterally or accelerate the mortgage of a property owner; it's unenforceable. Commissioner Suarez: Now -- Chair Hardemon: Canyon state your name for the record, please? Commissioner Suarez: Wait, wait, wait. Mr. Chair. Now, a lender -- City ofMiami Page 93 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: One moment. Would you state your name for the record, please. Mr. Perez: Rafael Perez, YGrene Energy Fund 3390 Mary Street, 124, Coconut Grove, Florida 33133. Chair Hardemon: Thank you, sir. Thank you. You're recognized, Commissioner. Commissioner Suarez: No. I was just going to say, a lender can challenge that State law. Don't get me wrong. A lender or a -- you know, if they wanted to, they can say that it's unconstitutional, and they haven't done that. I mean, they have that right. There's certainly that -- I mean, if you really want to -- I'm being -- I'm trying to now make your argument to the best extent possible, but I also -- I think it's fair to the issue that we be very clear on what it is and on the scenarios, you know, and that's why I'm sort of pushing back, because I really -- there's a lot of misunderstandings, and I just want to make sure that it's clear, and that's why I put numbers to it and gave you examples. But, certainly, that a --you know, that the lending world could try to, you know, say that the State statute's unconstitutional; could have happened. I don't know why. If it hasn't happened and they haven't done it -- you know, I mean, it's already been -- how long has it been in effect, the State statute? Mr. Perez: Over six years. Commissioner Suarez: Six years, so I don't know. They may even have a statute of limitations issue. They might be barred by the statute of limitations to file a lawsuit of that kind, because it's already been part of State Statute for a while, so I don't know. Chair Hardemon: You want to continue with your presentation? Ms. Blondet: Some of the items --I skipped some of the slides. I think this one was the next one, but most of these items were discussed here in the last five minutes. Chair Hardemon: Don't -- Ms. Blondet: Don't assume? Chair Hardemon: -- because, you know, people are watching -- Ms. Blondet: Oh, watching at home, okay. Chair Hardemon: -- at home, okay. Ms. Blondet: The FHA PACE guidelines will likely include or will include at a minimum the lien position, which is that the PACE liens that preserve payment priority for first lien mortgages through subordination; the PACE payment, structure, and term: The PACE financing must be fixed fully amortizing loan. Eligible properties, we already went through all of those, but they're basically residential, one- to four -unit dwellings, including detached, semi-detached, and townhomes. Equity requirements: PACE liens that preserve payment priorit for first lien mortgages will be eligible for financing that does not exceed FHA's maximum combined loan -to -value ratio. Record keeping: PACE liens must be formally recorded and be identifiable to a mortgage lender through a title search, so all of these liens have to be recorded. In -- there's also additional consumer protections, where PACE program must comply with applicable Federal and State consumer laws and should include disclosures to and training for homeowners participating in the program; which, when YGrene does the application, all this information is also disclosed for the program participants. YGrene does not have a taxing authority under State -- Florida law, and Miami -Dade enter into an agreement with YGrene to handle the City ofMiami Page 94 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 required assessment of PACE properties, because they're recorded with Miami -Dade County. All the properties are transferred, and they have a PACE lien; must -- all the owners must have disclosed that there's an improvement on the property, and they must include a disclosure statement, stating that they have improvement done with the PACE program; and basically, it's qualifying improvements for energy efficiency, the renewable energy, and wind resistance, and the language is based on the Florida Statute 163.08. And that's the end of the presentation. Commissioner Suarez: And may I? Chair Hardemon: Yeah, you're recognized. Commissioner Suarez: And -- may I? Chair Hardemon: Yeah, you're recognized. Commissioner Suarez: Look, I -- obviously, I believe in this program. I mean, it goes without being said I'm very passionate about this. I know cities like Coral Gables have even gone as far as waiving the permit fees for people who request permits for these kinds of improvements, and, hopefully, one day, we'll be there. I could tell that there are Commissioners that are still struggling with this. You know, look, we've taken this very gradually. And I want to thank Commissioner Carollo for being open, because we've taken this on a step-by-step basis, you know. We went from commercial; then we went from, as he said, residential in two districts, and just to make sure that the concerns that many people were making were heeded. But I would just say, you know, that, you know, in addition to the energy efficiency and us wanting to be a green city, which I think is important to many people, as seen by a robust recycling program, where we make money from waste, where we used to have to pay money for it, I would say from a security perspective -- and we're a city that's ravaged by hurricanes, okay? And these are retrofits to homes that can keep people safe; not only from hurricanes, but also -- listen, I have impact windows. If somebody were to drive by my house tomorrow and start shooting at my house, you know, I have a two year-old son, and I am in a much safer home than I would have been otherwise, and, you know, I was lucky. I actually did my windows out of pocket, and I was able to do that, but not everybody in the City can do that. And, you know, this is just an option that people have. They don't have to take it. They don't have to do it. It's -- I think part of the reason why the rate is relatively low, given the fact that people are not getting second mortgages -- I don't know -- I could tell you, I haven't done a second mortgage as a closing in years, okay? And I think if we were to do them, the rate would be extremely high. Part of the reason why people are not doing it, and part of the reason why it's -- the rate is low is because it has a priority. Because it's a priority, and you have that security for the loan, that's what drives down the interest rate. So, you know, those are my thoughts on it. Obviously, I would love to move the item. I'd love to --for someone else to second it, and, you know, just leave it at that. I mean, we've been -- these people have come many, many, many times; sat here for many, many hours, and they're becoming experts on, you know, all our Commission business. Andl thankyou, Mr. Chair, for setting them at a time certain, because they have been here for several meetings, and been here for many, many hours, patiently, so thank you for that. Vice Chair Russell: Second with discussion. Chair Hardemon: It's been properly moved and seconded. Does that include this addendum? Commissioner Suarez: Yeah. No, and I think the addendum is good I really do. I mean, I -- look, I do -- again, we do -- I do loans all the time. There's 60, 70 documents. Sometimes, it's better to just have it in a condensed -- one page, very clear form. And I looked at it, and it looks good to me. Commissioner Gort: Mr. Chairman. City ofMiami Page 95 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Yes. Was -- You're recognized, sir. Commissioner Gort: I had a meeting with them, and I told them about my concerns. One of my concerns is the -- a lot of the advertising being used, which they're not responsible for, but the advertising comes out and say, Loans with "-- You don't need credit for these loans. You also have deferred payments, 'and 1 think the biggest problem that we have, we need -- let's face it, salespeople use any tool to make a sale. So I want to make sure that whoever buys that sale is aware what could happen. And most of the -- one of the things that I was worried about is to make sure the Ciov does not have any liabiliov, because although, you know, the Cit) , we always being sued for anything, at the same time, I want to make sure that people understand there's no rollover, which is very important. I wanted to make sure that the individual knows that at the end of the year, when his tax bill comes in that that's going to be added to his tax, because a lot of people might not understand it. And all of a sudden, they get the tax bill and say, Boy, the City of Miami is increasing my taxes. "So there's a couple of things that we talked, too. My understanding is they going to sit down with the Attorney's office and come up with the prospective and the disclosure; that they're going to make it in bold letters, in very large letter, so the individual that signs the contract understand what it is. I've also been promised -- my understanding was the loan value was 51 percent, or is it 80? Commissioner Suarez: I think that was a typical case. Mr. Perez: Pardon me. That was -- the average is 51 percent, but -- Commissioner Gort: 51 percent? Mr. Perez: -- that was the average right now with the two Commission districts of what -- the property owners that have used this program. Commissioner Gort: But you'll still be using that 51 percent loan? Mr. Perez: No. Every individual is different. Some have --you have to have 10 percent equiov -- Commissioner Gort: 10 percent equiov. Mr. Perez: -- in order to participate, and that's above State statute. Commissioner Gort: Right. Mr. Perez: State statute doesn't even care. State statute lets you over -encumber the property. We don't do that. Commissioner Gort: But also, my understanding is -- you expressed to me that the -- no loans will be given to any individual that doesn't look like he'd be able to pay for it; to make the payments. Mr. Perez: Commissioner, we do everything in our power We don't want nothing to come back to you and be negative, and you turn down the whole program. We've invested a lot of money. Our company is located here locally. We've employed 20 employees, and we keep ongoing. We will do everything in our power to make sure that, you know, nothing is negative for the City. Commissioner Gort: I understand, but I want to make sure that whoever makes the contract or signs the contract understands what he's getting into, okay? Mr. Perez: Just to walk you through briefly, our finance agreement in multiple locations says how much the annual assessment. We also have a page where the properov owner has to sign, City ofMiami Page 96 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 with the annual assessment. Then the process goes, and then in the back, in the closing documents, they still have to sign another document. At that given time, a month and a half or more later, they could still walk away and not pay us nothing. So -- Commissioner Gort: My understand also, you will not make final payment to the vendor until you satisfied with the work, and the people that receive the work are satisfied with the work. Mr. Perez: Yes, sir. Until final inspection is not provided from the City of Miami, a release of lien is not provided. The Cit) of Miami does their due diligence by making sure all contractors have liabilio) insurance to make sure the work is done; and also, workers' comp insurance. Commissioner Gort: And all this will be incorporated in the applications; am I correct? Commissioner Suarez: Mr. Chair, Mr. Chair. Commissioner Gort: That's the way it'll be, right? Mr. Perez: Yes, sir. Commissioner Gort: Okay. Commissioner Suarez: I just want to say that last point that the Commissioner made is a very important point, because I get a lot of complaints -- and I'm sure everybody here does -- about what I call "deadbeat contractors " who take people's money, either do un permitted work, or don't get the right permits, or never close out a permit, and they remain with a lien and -- trust me, when I do closings, I have to satisfy these things. You know, the second -- sort of an ancillary benefit to all this is that there's a control mechanism by which they ensure that everything is being done properly and being vetted, and I think that's a big benefit. What I would suggest, Mr. Chair, is we can look at this in a year. You know what I mean? I think, let's -- you know, in conformity with all the baby steps that we've taken, let's take another baby step, you know, in letting all five Commission districts have an cpportunii)�, and then we'll --you know, we'll take -- we'll do another assessment in a year to see how, you know, it's being utilized. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, sir. Vice Chair Russell: I'm of the opinion that we absolutely have to do this. This is a great program, which is going to help the environment; it's going to help communities of need,- people who couldn't normally afford, that would never prioritize such improvements on their home to actually do something that will not only help the environment, but save them money in terms of electricity and water. I mean, this is a win/win/win/win/win. But I'm very much in favor of what Commissioner Carollo has brought. This --forcing any applicant to actually read this carefully and sign this takes away the fact that they maybe missed the fine print or whatever it is, because within a long document, as in any closing document, you're going to miss all that stuff and go, Okay, this is just what everyone has to sign. "I, just like Commissioner Gort, need these residents to understand what they're getting into, the ups and the downs, and that's the original reason I didn't do the program. Now, when the average home that has taken this on is a half -million -dollar home, we know that we're not really doing a test program amongst the communio) that is at risk for this sort of loan. Commissioner Suarez: But in fairness -- Vice Chair Russell: And so that's why I look at this new step as the test program. Just like you said we can do it for a year and look at it, but it's got to go into these communities, because this City ofMiami Page 97 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 is where we really, really need it, and we need to incentivize it. But saw advertising even just this week for Ygrene. And if someone could have the podium just to plug in a laptop, I just wanted to show an ad that I saw for Ygrene. I can't remember if I saw it on TV (television) or on the computer, but I looked it up on YouTube and found it, because this is what the consumer is seeing, and this is salesmanship at its finest. You show your -- you put your best foot forward. Canyon start it again with the audio? Unidentified Speaker: Yes. One second. Commissioner Suarez: Looks like it's muted Unidentified Speaker: Yeah, the -- (INAUDIBLE). Commissioner Suarez: Maybe down to the left; down to the left, maybe. Unidentified Speaker: Technical difficulties over here. Unidentified Speaker: (INAUDIBLE). Note for the Record: And audio -video presentation was shown at this time. Vice Chair Russell: Thank you. And the key statement in there that concerns me, it says, 1f you sell your property, the payments transfer to the new owner, just like the property tax. " Commissioner Suarez: It's true. Vice Chair Russell: It doesn't say {Men you sell your property,° it says, you sell your property. " And the idea that this could actually make it a little more difficult to sell your property based on what sort of financing the buyer's getting, or how it's being purchased. If you -- in some cases, may have to actually satisfy the debt before the sale happens, if there's a -- tell me if I'm wrong here. Commissioner Suarez: But you're right. Vice Chair Russell: If I understand correctly -- Commissioner Suarez: Sorry. Vice Chair Russell: -- if there is a -- if Fannie Mae, Freddie Mac are involved in the financing of the new buyer, there may be the need to settle this up before the sale happens. Commissioner Suarez: Of course, but the -- Vice Chair Russell: Okay. Commissioner Suarez: --no. But, no -- Vice Chair Russell: And would that -- Commissioner Suarez: No, no, no. Vice Chair Russell: -- possibly scare off some buyer -- Commissioner Suarez: No. City ofMiami Page 98 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: --or make it more difficult to finalize the sale? Commissioner Suarez: No. It's the same thing as if you have a second mortgage. If you have a second mortgage, you have to satisfy the second mortgage at the time of closing. A bank is not going to not lend you money because you -- to a incoming buyer -- because they have a lien -- like a -- Vice Chair Russell: Right. Commissioner Suarez: -- you know, a tax bill. Vice Chair Russell: So you have to satisfy that second mortgage. Commissioner Suarez: Yeah. Vice Chair Russell: So the statement, When you sell your home, the payments transfer to the next owner, 'isn't always completely -- Commissioner Suarez: If you buy it cash, you -- it would transfer. Vice Chair Russell: Right. And what percentage of sales is that? Commissioner Suarez: Oh, it's a lot in Dade County. It's -- I hate to quibble with -- Vice Chair Russell: Okay. Amongst -- Commissioner Suarez: --the City Attorney. Vice Chair Russell: -- the populations we're talking about, at risk, what percentage of the sales are cash sales? I'm just saying it's not really showing the protection (UNINTELLIGIBLE). Commissioner Suarez: But that -- but again, that's disingenuous. And I hate to use that word, because what happens is you're being lent on a percentage of value. Vice Chair Russell: Yes. Commissioner Suarez: So let's say, for example, your home cost $100, 000, right? And you got an $80, 000 loan -- that's 80 percent of the value -- and they give you $10, 000 to do energy-efficient retrofits. You're at 90. If a buyer comes in to give you $100, 000, there's no issue. You pay off the 90, the person walks away with 10, and that's it. So I'm having trouble understanding the mathematics of what you're -- of this scenario. It just doesn't work that way. Chair Hardemon: I think about it when --for instance, with first-time homebuyers, most of them aren't --first-time homebuyers, say, in my district. Commissioner Suarez: Yes. Chair Hardemon: In the Lib -- west part of my district. Commissioner Suarez: There's home --first-time homebuyers in every district, but whatever. Chair Hardemon: I -- true, but I'm saying particularly -- Commissioner Suarez: Right. City ofMiami Page 99 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: -- on the west side. If they're taking advantage of, say, some oPe of first-time homebuyer program -- Commissioner Suarez: Right. Chair Hardemon: -- 4 percent in -- 4 percent of the value or -- Commissioner Suarez: Right. Yeah, an FHA (Federal HousingAuthorio) loan. Chair Hardemon: -- whatever -- right -- Commissioner Suarez: Right. Chair Hardemon: -- an FHA loan or something of that nature. Commissioner Suarez: It's 3 percent, the 97 percent financing. Chair Hardemon: Right. So -- Commissioner Suarez: Right. Chair Hardemon: -- quickly, then, say if you did 3 percent, right? Well, you wouldn't be eligible for -- Mr. Perez: They wouldn't qualify. Chair Hardemon: --you wouldn't be eligible, yeah. Commissioner Suarez: No. That's what I'm trying to say, guys. You're sort of --I hate to break it to you guys, but -- and I understand what your concern is, but when you start actually doing the numbers, and giving examples, it doesn't work the way that you think it works. It doesn't increase anything, because you only get the loan as a percentage of your equity. Vice Chair Russell: The increase is not my concern; it's simply the full disclosure of what happens at the sale. So when their commercial says, When you sell your home, the payments transfer to the next owner, 'isn't always true. Commissioner Suarez: It is true. It is 100 percent true. I hate to break it to you, it's 100 -- it's part of your tax bill. If you don't pay your taxes and somebody comes in and buys your property cash, guess what? That tax bill transfers to the next owner, unless -- Vice Chair Russell: Right. And if that's sitting on there, that could potentially affect the decision of a buyer. Commissioner Suarez: Of Vice Chair Russell: Not everybody's going to take this as a buyer -- Commissioner Carollo: Or the lender. Vice Chair Russell: -- or the lender. And I -- Commissioner Suarez: No, guys, no. Commissioner Carollo: You're wrong. City ofMiami Page 100 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: -- think you know this too well. You know much more, obviously, than I do, but -- Commissioner Suarez: Yeah. Vice Chair Russell: --you know, you're able to parse through the ways around this that would make it completely innocuous. I'm worried about the case scenarios where this does affect somebody, or does affect the sale. This was a -- this -- I mean, I have to be honest. When I first looked at -- Chair Hardemon: What was your experience like? Vice Chair Russell: I actually never took the program on; now, I want to do it. There's so many improvements I'd love to do to my home, but when this first came out in District 2 -- I was interested before it did. Commissioner Suarez: Right. Vice Chair Russell: I saw the thing as sort of encouraging me to, you know, contact my local, you know, politician or whatever, and really try to get this happening. And once it finally got out of just commercial in District 2 and went residential, I wanted to do it, and then I got scared. I actually called the realtor and said, What happens when I sell my home? "And nobody had the experience at that time -- Commissioner Suarez: Right. Vice Chair Russell: -- to tell me, so I just backed off, because I wasn't quite sure. Commissioner Suarez: Right. I mean -- Vice Chair Russell: I wasn't quite sure. (UNINTELLIGIBLE) wasn't too good to be true. Commissioner Suarez: -- you're the end user, and you decided not to do it, which is fine, but the only way you can do it is, let's say -- I mean -- and I don't know your personal financial situation, but let's say that you have 40 percent equip) in your home, and you owe 60 percent of the value in your mortgage payment, right? If you take out a loan -- let's say 10, 000 to redo your windows, or 20, 000 to redo your roof --your loan -to -value might go up, you know, 65, maybe 70 percent. You still have 30 percent equip) . For a subsequent buyer who comes in and buys your house, there's not -- it's not going to be an impact in effect, whatsoever, to anybody who comes into buy your house; none, whatsoever. They get a loan based on 100 percent of the value. They pay you 100 percent. 60 percent of it goes to your bank, 5 or 10 percent of it goes to this company; 30 percent of it goes in your pocket, and the buyer buys anew house that's financed by a bank. And they put down, by the way, 20 percent, and the bank finances 80. So I don't -- I think you guys are -- I hate to say it -- spinning yourselves into this dynamic where you think it's a little bit more ominous than what it actually is -- Chair Hardemon: I hope so. Commissioner Suarez: -- to be completely frank. Vice Chair Russell: So if -- the current motion has this included in it; to approve with this? Commissioner Suarez: Yes. City ofMiami Page 101 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Hannon: Madam City Attorney. Vice Chair Russell: Including the additional bullet point that the Cit) Attorney raised, because I do like that one, as well. Commissioner Suarez: Which is? Mr. Hannon: Madam City Attorney. Ms. Mendez: The additional bullet points that Commissioner Gort had suggested in adding to this disclosure, where it says in the second bullet point, The special assessment remains with the property until it is fully paid, even if the property is sold, 'changing that to say, The special assessment is meant to remain'= - Commissioner Suarez: By the way, that's exactly what it says in the ad. The language that -- that's exactly what it says in the ad; the language that you were worried about; that the special assessment remains with the propero) until it is -- even if the property is sold. Ms. Mendez: Right. So changing it to say, The special assessment is meant to remain with the property until it is fully paid, even if the property is sold. However, your financial institution may require you to pay it off prior to any sale. " Commissioner Carollo: But -- Ms. Mendez: And then -- Commissioner Carollo: -- if I may. Doesn't that -- doesn't it say that in the other bullet point in --? You know. Ms. Mendez: Yes, it says it at the bottom, but you lose it in between here and there. It's just -- it's a suggestion. You could all -- Commissioner Carollo: My thing is this -- Ms. Mendez: -- debate it. It was a suggestion by -- Commissioner Carollo: -- my only issue is that if you add that, and then we still have it, you're going to go into two pages. Unidentified Speaker: Yep. Commissioner Carollo: So that's why I had it simple, which it actually even mentions Fannie Mae and Freddie Mac. If you read it, it says, The Florida Housing Finance Agency appears to have instructed government-sponsored agent"-- Enterprises, such as Fannie Mae and Freddie Mac, not to purchase home loans when there is a senior lien, such as PACE (Property Assessed Clean Energ)), as special assessment. Therefore, in order to refinance your home loan or for a prospective purchaser of your property to obtain a loan secured by the property, the special assessment may need to be paid off. " Chair Hardemon: You could fit this on --you could fit that on one sheet. I mean, this was created probably on a Word document and -- Commissioner Suarez: You're going to have to lower the font size. Chair Hardemon: No, but you can create this document on Adobe, and it'll fit perfectly fine. City ofMiami Page 102 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Mendez: And then the other sentence that was suggested is, The Cit) of Miami is not responsible for any legal issues "-- Commissioner Suarez: No doubt. Ms. Mendez: -- tat might come up as a result of this financing option. " Commissioner Suarez: I like that one. Commissioner Carollo: Yeah, Ilike that one. Commissioner Suarez: I like that one. Commissioner Carollo: That one, definitely. Ms. Mendez: And I'll make sure that it all fits on one page. Commissioner Suarez: I want it like that. Ms. Mendez: All you have to do is make the margins a little smaller, and it'll fit perfectly with the same font size. Chair Hardemon: Or you can (UNINTELLIGIBLE). This text can be moved up. It's --you can make it work. Ms. Mendez: Right, just the margins. Commissioner Suarez: Yeah, just make the top margin smaller. Vice Chair Russell: So are we okay to add -- are you going to -- Commissioner Suarez: I'm good with that. Vice Chair Russell: -- state it again at the bottom; that it be up a little higher, as well? Commissioner Carollo: My concern is that I don't want it to be too wordy, or that the font is reduced where it discourages someone from actually reading it. I wanted a nice, simple document, but that it clearly stipulates some of these concerns. Vice Chair Russell: To me, that's the biggest concern that should be bolder at the top -- Ms. Mendez: Right. Vice Chair Russell: -- and the fact that it's in a -- the largest paragraph, at the vevy last sentence, to me, means the average layman might not actually get there before going, Oh, it's okay. "So if we're not going to put it in, the second bullet point, as well, I'd love to see it underlined or bolded at the bottom one, because this one is the one that l feel people should really know about. Commissioner Carollo: I don't have a problem with that. I don't have a problem with that. And -- I don't have a problem with that, because it meets the same intent; however, I do want to add what Commissioner Gort or the Cit) Attorney suggested with regards to the City of Miami. I think that is important to somehow -- City ofMiami Page 103 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Ms. Mendez: Commissioner Gort. Commissioner Carollo: Yeah. I definitely believe that -- Commissioner Suarez: I think it's great. Commissioner Carollo: -- is somehow -- that I don't want to lower the font size, but I think you could probably put it in in a bullet point if you play with the margin, and raise the addendum notice of rights and responsibilio) for propero) owners in the Clean Energy Corridor PACE District. Chair Hardemon: I would like to say -- I don't know if this would be the Administration or in conjunction with the Cit) Attorney's Oce, but I am somewhat disappointed in the Florida Supreme Court cases involving PACE page that you have in your presentation, because for as long as I remember sitting here, we kept talking about our concerns where the cases that were being put before the Supreme Court regarding these issues. Let me finish. And what I see before us is it just says two cases this, two cases that, and one case this, and I just fully expected to see something more in-depth than that; at least to know what the case style was, who the players were, what the question was -- Ms. Mendez: We -- Chair Hardemon: -- what the voting was; something, so I could have a better understanding of what those Supreme Court cases entailed when making my decision, because for me, the questions that I had especially when dealing with first-priorii)�, second -priority lending, had to do with probably the cases that were challenging this position. Ms. Mendez: Yes. Because this has come up so many times, I had submitted to everyone the memo that we wrote on all the different cases, and what each one was, but at the end of the day, none of them had any challenge, substantive challenge that you would be worried about in this situation. It was just language and you know, judicial sale, or specific language in contracts that needed to be removed. It was nothing of substance. Chair Hardemon: Okay. Ms. Mendez: So then, in order to make the presentation just cleaner, that's why we just added that, because --and I apologize for not giving it to you again. We had sent out the memos before, but I apologize for not bringing it out again. Chair Hardemon: Is there any further discussion about this issue ? Commissioner Gort: I just want to put one more item on the record, that he and I agree that we're going to be informed on anyone that gets an application within my district, and we'll be notified, and I have someone on staff that are going to be working with them on that. Okay? Commissioner Suarez: Mr. Chair, ifI may? Commissioner Gort: Right? Chair Hardemon: You're recognized, sir. Commissioner Suarez: No, go ahead. Were you (UNINTELLIGIBLE)? Mr. Perez: Yes. So we do that. Lillian -- staff asked us for information, and the Manager does; we provided it. And we're also a block away; we could come here any time and give you City ofMiami Page 104 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 personal presentation, if that's what you need. Commissioner Suarez: Mr. Chair, ifI may? Chair Hardemon: You're recognized, sir. Commissioner Gort: Another item, I understand we're supposed to have someone apart of the board, which is not participating, so I think we need to name someone. Commissioner Suarez: I'd be more than happy to do it. Chair Hardemon: No, no, no. Commissioner Suarez: I would. I would. Why? What's the -- Chair Hardemon: I was just joking. Commissioner Suarez: I'd be more than happy to do it. Chair Hardemon: I have no problem with it. Mr. Hannon: Commissioners -- Commissioner Gort: I don't have any problem either. Yes. Mr. Hannon: Chair, Commissioners, my apologies, but in reviewing the minutes from back in 2012, Julie Brit, the City Attorney at the time, did have some concerns about a Commissioner sitting on this board; something about dual office holding. So maybe if we can hold off a little while longer so I can confer with the Cit) Attorney? Commissioner Gort: But it doesn't have to be a Commissioner, but it should be somebody from the staff. Mr. Hannon: Yes. Chair Hardemon: Okay. (UNINTELLIGIBLE) want to be recognized Commissioner Suarez: I think it's the Mayor -- Ms. Mendez: The -- I think the State statute calls for it, but we will review that, just in case. Chair Hardemon: You're recognized, sir. Mr. Perez: Our board consists of five Mayors -- Commissioner Suarez: Yeah. Mr. Perez: --and a Commissioner from a cit). So a Commissioner could sit on the board or a Mayor. Commissioner Lago sits on the board; Mayor Stoddard sits on the board, Mayor Lerner sits on the board. Commissioner Suarez: You got more than (UNINTELLIGIBLE). Mr. Perez: Mayor --former Mayor but now Commissioner Herta Holly sits on the board. I mean, there's a lot of Mayors that sit on the board, or Commissioner. And the board has been City ofMiami Page 105 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 intact for over three years. Chair Hardemon: So Madam Cit) Attorney, would you like to look into that issue a little further before making a decision? Ms. Mendez: Right. We will confirm the issue and if the Mayor can give his appointment to a Commissioner, and then we'll bring that back and we'll put it as a discussion item, as a regular board appointment. Commissioner Suarez: Mr. Chair, ifI may? Chair Hardemon: You're recognized, sir. Commissioner Suarez: I would just ask if you can come back -- or maybe we can make a directive that they come back in a year, just like they did with, you know, the commercial program, and to the expansion into the residentials. And by the way, Mr. Vice Chair, I just want you to know that, you know, the -- it's sort of What comes first; the chicken or the egg? "Part of the reason why the values are so high and the percentage is so high is because those are -- there's only two Commissioners that decided to do it at that time. So it's kind of like --you understand what I'm saying? It's kind of like, What comes first? "I would have loved for everybody to have wanted to do it at the same time, and I think that would -- and I think you'll see in a year that that value will go down and the loan -to -value will probably go up to more reflect, you know, sort of the everyday experience in the Cit), but I'd love for you guys to come back in a year and just give us a report, like you did when you did the commercial, and the residential, et cetera. Mr. Perez: Through the Chair, could I say just something briefly? Chair Hardemon: Briefly. Mr. Perez: Okay. So this is the second disclosure. We have a disclosure that you read on the record once. This will be an additional whirl. We're okay with that. And just for the record, we've done 2, 000 projects in this communii)� for $47 million. And most people take it -- if you saw her slide, 80 percent of the -- 80 or maybe even 90 percent of the people that take advantage of this program is because they want to lower their insurance, because they can't -- you know, they have high insurance, and if they could wind -mitigate their whole property or get that new roof, their insurance will go down. In a lot of cases, the savings surpasses the financing cost, so that's a no-brainer for property owners. Thank you. Chair Hardemon: Quick question for you: If you have -- if --for instance, you mentioned wind mitigation. So, for instance, if you have a home right now that does not have the high impact windows on it, you have insurance, and then you make that change and get the high impact windows, you should have your insurance carrier -- Commissioner Suarez: Yep. Chair Hardemon: -- look at it again, and you'll get a lower --? Commissioner Suarez: Yeah. Mr. Perez: Yeah. And some people could use horizontal rollers, so they could do panels. I mean, they don't have to go impact window. That's what I recommend, because that's where the future is moving; but, yes, sir. Chair Hardemon: Okay. Thank you so very much. Is there any further discussion? I'm sure City ofMiami Page 106 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 that we understand that the public hearing on this was opened and closed. I don't see anyone that wants to make any more comment on this, so we're going to go ahead and move to a vote. All in favor, say 5ye. " The Commission (Collectivel)): Aye. Commissioner Carollo: As amended Chair Hardemon: Motion passes. Vice Chair Russell: Long time coming. RE.10 RESOLUTION 16-00385 District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner Ken CITY OF MIAMI TO PARTICIPATE AS A SIGNATORY ON THE AMICUS Russell CURIAE BRIEF BEING DRAFTED BY A NATIONAL COALITION OF LOCAL GOVERNMENTS IN DEFENSE OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S CLEAN POWER PLAN. 16-00385 Pre-Legislation.pdf 16-00385 Back -Up from Law Dept.pdf 16-00385 Legislation.pdf Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-16-0141 Chair Hardemon: Let's move on now to RE. 10. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: I believe RE 10 is the invitation for its to sign onto a amicus brief that is being put together in favor of the EPA's (Environmental Protection Agency) decision with the Clean Power Plan, the CPP. In my first meeting, I brought a resolution that we unanimously passed in favor of the Clean Power Plan. Basically, the EPA has set out goals over the next 15 years for all of the states to comply with certain levels of carbon emissions. They've obviously gotten pushed back from some states that don't want to participate, and a lawsuit has ensued And cities like its, where there's bipartisan support in favor of, you know, mitigating sea level rise, affecting our environment in a positive way, and getting ready for the worst is -- I believe there's plena) of will for its to join in on this, and that's why I wanted to bring the opportunity for its to join in other cities, such as Pinecrest, West Palm Beach, the -- who else has signed on with this already? -- the -- Victoria Mendez (City Attorne)): Miami Beach, Coral Gables, Cit) of South Miami, Broward Count). Vice Chair Russell: Sure. And basically, by signing on this, this would direct the Cit) Attorney to provide the necessary information to add the Cit) of Miami as a signator in the amicus brief in support of the EPA's authorio) , and help give them data that would help in the case, as well. And I brought it last time, but I know we didn't -- it was a pocket item, so we didn't have enough time City ofMiami Page 107 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 to really go through it. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. I mean, I'm good I just -- my issue is we don't— we haven't— they haven't drafted the amicus brief? Ms. Mendez: We don't have a draft yet, no. Commissioner Suarez: So, I mean, I don't know if it makes sense to wait until they've drafted the amicus brief, but -- Vice Chair Russell: Well, part of the process is for the cities who sign onto it to provide information that will help them put together the case. Commissioner Suarez: Okay. Vice Chair Russell: And so they're looking for all the support they can get. This is being put together by the New York Attorney General's Office, along with other state and cities -- Commissioner Suarez: Okay. Vice Chair Russell: -- and local, and so the more support they get -- Commissioner Suarez: Okay. Vice Chair Russell: -- the stronger this will be. Chair Hardemon: So would it be best to contribute to the amicus brief, rather than -- Commissioner Carollo: Sign on. Chair Hardemon: -- sign -- like sign on? Commissioner Suarez: Whatever you guys want. Vice Chair Russell: Madam City Attorney, what's your opinion on this? I don't know if it's necessary for us to sign on in order to be in support of it, and supply information that would help. I'd likens to do both. I'd like us to show a full strength of support, but let me know what you think in terms of what's being asked Ms. Mendez: It's due April 1. The -- I think that the happy medium would be, since we don't have a draft, ifyou would allow me the flexibility that if it's something that's a little off the wall, and not exactly what we see here that maybe we just give information, and not sign on; or I can also talk to you all before April]. We can provide whatever information they ask of us. I don't know -- we don't have any true technical information right now that we can give them, other than whatever the Attorney General may have with regard to this, so. Chair Hardemon: Is it possible, then, that through our passage of this resolution that we can give you the authority to sign off on it? Ms. Mendez: Yes. Chair Hardemon: Could that -- I think that'd probably be the best way to tie into it. City ofMiami Page 108 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Mr. Chair, I also meant to mention that the National League of Cities has already signed on with this, so we'd be in good company. I don't think we're going out on a limb too much here if we believe in this. Chair Hardemon: Well, is there a motion? Vice Chair Russell: Yes. Chair Hardemon: It's been moved by Commissioner Russell, as it is. Is there a seconder? Commissioner Suarez: Second. Chair Hardemon: It's been seconded by Commissioner Suarez. Any discussion? Seeing no further discussion, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. Todd B. Hannon (Cit) Clerk): And that's 5s is, 'borrect? Chair Hardemon: As is, 'borrect. END OF RESOLUTIONS BUDGET BU.1 BUDGET DISCUSSION ITEM 16-00229 Office of Management MONTHLY REPORT and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENTAND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) 16-00229 Summary Form.pdf DISCUSSED Daniel J. Alfonso (Cit) Manager): All right. Now, budget discussion. Chair Hardemon: BU.1. Christopher Rose (Director): Good afternoon, Commissioners. Thank you. Chris Rose, Office of Management and Budget. We've done another thorough projection for the month of February, which closed on March 7. We're projecting a $22.2 million surplus in the general fund and a $4.6 million surplus in the internal service fund. This is lower than what we projected last month by a little more than $4 million; that's the result of changes in just about every department. We're doing a slightly more thorough and precise projection each month to make sure that the number doesn't change too much over time, but it's going to be somewhere near the number we start the projections with. So general fund revenues were $376.7 million through the end of February, which is $36 million higher than last January. This includes an accrual for the Section 175 and 185 funds in Police and Fire that we've included in the budget this year that we had not included in the budget in prior years. General fund expenditures were $312 million, which is $112 million higher than last January; also due to the same 175 and 185 funds, but also City ofMiami Page 109 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 includes cost accounting, where we spread out internal service fund costs across departments. We've done it at the beginning of the year instead of the end of the year, so that will even out as the year progresses. As explained in this report and the previous report, these projections include known budget variances for departments as large as -- recall, we passed a Fire Union contract after the budget was adopted, so we're going to be moving funds from non -departmental into the Fire Department to accommodate that; as small as -- some departments that we're projecting to go over, such as the Office of Agenda Coordination, salaries are higher than we had expected on the year. There's also things like emergency repairs at Jose Marti Park. There are some funds -- some expenditures in the Fire Department that are higher than we expected in terms of pharmaceuticals and things like that. We also have more support -- general fund support for on -demand transportation services, because we know that there's a piece the general fund's going to need to pickup this time around. So we've got a lot of things coming in the mid -year, which will be next month at about this time. April 28 is the projected date that we'll be bringing it to you. And additional information and detail is included in the report that was sent out earlier this week. I'd be happy to take any questions, Commissioners. Chair Hardemon: Any questions? Seeing none, thank you very much, sir. Mr. Rose: Thank you. END OF BUDGET DISCUSSION ITEMS DIA DISCUSSION ITEM 16-00181 City Commission STATUS REPORT ON HIRING POLICE OFFICERS. 16 -00181 -Submittal -City Manager- Police Hiring & Staffing Quarterly Update.pdf DISCUSSED Chair Hardemon: Move on now to DI 1. Jorge Gomez: Good afternoon, Commissioners. Assistant Chief Jorge Gomez from Miami Police Department. Very honored to say right now, we're operating at 96 percent efficiency when it comes to hiring. We have a total of 1,269 officers, which has been the highest we ever had here in the Miami Police Department. So far, the first couple of months, we have hired 16; and in the next week or so, I should have 11 more that I've hired. Two of them are awaiting their medical clearance and nine more are awaiting the second part of the sight test. We're also right now processing 272 files of a prior recruitment list, and hopefully, we could hit -- well, we hit around 10, 12 percent, it would be an additional 27 hires out of that list. And right now, we're also doing a recruiting drive. I just called a little while ago, and we have over 1, 600 applicants, and this will close tomorrow. So anybody watching out there in TV (television) lana we're still opening for a recruitment drive to hire police officers up to tomorrow. Chair Hardemon: Any questions for the Assistant Chief? Seeing none, thank you very much, sir. Chief Gomez: Thankyou, Commissioners. Vice Chair Russell: Thank you. DI.2 DISCUSSION ITEM 16-00058 City ofMiami Page 110 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Offrce of Grants PRESENTATION BY THE ADMINISTRATION ADVISING THE CITY Administration COMMISSION ON THE DIFFERENT ISSUES WITHIN THE YGRENE IMPLEMENTATION. 16-00058 - PACE Presentation. pdf 16 -00058 -Submittal -Commissioner Carollo-Addendum Notice of Rights.pdf DISCUSSED Note for the Record: Please refer to item RE. 9 for minutes relating to item DI 1. DI.3 DISCUSSION ITEM 16-00239 District 2- DISCUSSIONAMENDING THE M URAL ORDI NANCE TO LIMITTHE Commissioner Ken GEOGRAPHICAL AREA WHERE MURALS ARE PERMITTED. Russell 16-00239 E -Mail - Discussion Item.pdf Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon DIA DISCUSSION ITEM 16-00386 District 3- DISCUSSION REGARDING ISSUING THE SEPTEMBER 30, 2015 FINANCIAL Commissioner Frank STATEMENTS ON TIME. Carollo City of Miami 16-00386 E -Mail - Discussion Item.pdf DISCUSSED Chair Hardemon: DI. 4, a discussion regarding financial statements. Jose Fernandez (Director): Good morning -- I mean good afternoon, Commissioners. Jose Fernandez with the Department of -- Commissioner Gort: Bring the mike up. We can't hear you. Mr. Fernandez: Good afternoon, Commissioners. Jose Fernandez with the Department of Finance. We're doing very well; we're in a great place. The financial statement should --will be issued on time before April -- March 31. And right now, we've given them what -- the final draft of the CAER (Comprehensive Annual Financial Report) is going through concurring partner review, so as we're getting feedback, we're incorporating the changes into the CAER, so we expect to issue it -- if not early next week, you know, definitely no later than March 31. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Thank you, Mr. Fernandez, to you and your staff. What about the single audit; would that be issued also by March 31? Mr. Fernandez: No. The single audit will be issued by April 30, which is what the Financial Integrio) Principles call for, along with the management letter. Commissioner Carollo: Okay. Thankyou. Page 111 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Seeing no further questions, thank you very much, sir. DI.5 DISCUSSION ITEM 16-00383 District 3- DISCUSSION REGARDING NET OFFICE BOUNDARIES. Commissioner Frank Carollo 16-00383 E -Mail - Discussion Item.pdf 16 -00383 -Submittal -Administration -Current and Proposed NETArea Boundary.pdf DISCUSSED Chair Hardemon: Moving on now to D15, the NET (Neighborhood Enhancement Team) Oce boundaries. Commissioner Carollo: Thank you, Mr. Chairman. So I truly believe that government should be efficient, and if you notice our current NET boundaries, we have NET offices where their back yard is serviced by another NET office somewhere else. And I know residents that could cross the street and walk over to the NET office have come to me and say -- and asked me, Flow come this NET office doesn't service this area? We have to go all the way to another NET office. "So in light of bringing this forward and asking with regards to the boundaries, I believe the Manager provided my office --or someone from the Administration provided my office with anew map with new boundaries that clearly reflect and remedies the issue that I was talking about. And again, to be clear, I don't think someone from Brickell should have to go to the NET office all the way on 16th Street and 32nd Avenue, where you have a NET office on 12th Avenue and 13th Street. So what believe was provided by the NETAdministrator is the current map. The first two pages are the current NET office maps, and the last page is what I foresee will be the new area maps. And I want to verify from the Administration. If you could see on the first page, the Coral Way goes all the way to Brickell, so that's why I was saying that there actually is a NET Office in Number 6; however, all the way to Brickell is actually serviced by Number 3 in the map. So if you look at your last page, which is the new adjustments, you will see that Brickell now is serviced by Number 11; you have the area surrounding Number 6 serviced by that NET office; and then you have the area surrounding Number 3 serviced by that NET office. So I think the Administration correctly fixed the issue, so --and I appreciated that within the five-day rule that I placed this before you, you were able to fix the map, and I just want to verify that this is the new NET area that we will be moving on from this point on. Chair Hardemon: I'm confused Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes, you're recognized. Commissioner Gort: This the first time I've seen this. I'm not ready to make a vote on it today. mean, I have not been advised on these changes. I know they were -- the Administration was working on these changes, but I'd really like to get some more input in this. Commissioner Carollo: And ifI may, Commissioner? IfI could go to my office and receive a map so you could see it crestal what I'm talking about, and you'll see why that -- Commissioner Gort: (INAUDIBLE). Commissioner Carollo: While they're doing that, let me get the map from my office. City ofMiami Page 112 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Going back and forth. Chair Hardemon: Yeah. Mr. Manager, if I walk into -- if I lived in Flagami, and I walked into the Upper Eastside NET -- ifI lived in -- Daniel J. Alfonso (Cit) Manager): In Flagami? Chair Hardemon: Flagami. Mr. Alfonso: Number 4. Chair Hardemon: Right. And some reason, I find myself on the Upper Eastside, and I walk over to -- Mr. Alfonso: You can go to that office, too. Chair Hardemon: -- and I wouldn't be turned away? Mr. Alfonso: No, of course not. The whole point of the NET offices -- Chair Hardemon: No, I understand. They make it --bring it closer to -- I understand what the purpose is. Mr. Alfonso: Oh, yeah. But -- Chair Hardemon: I just didn't understand -- I was trying to -- Mr. Alfonso: -- there's -- there is no -- like you can't -- if you live in one area, it doesn't mean you can't go to another NET office. You can go to any NET office; we'll take care of you. And these are operational maps that we try to get our folks and say, Hey, this is your area of primary operations, 'because from an operational standpoint, it makes sense, but it's -- Chair Hardemon: I just -- Mr. Alfonso: -- not something that's in the Code right now. Chair Hardemon: Yeah. The question -- I understand it to be true. The question -- that came to my mind because they just --we added just another category, 'proposed NET boundaries, "and so that's what I thought about. So, for instance, the way that Commissioner Carollo described the backyard is in, you know -- say, for instance, your backyard is serviced by one NET office and your front yard is serviced by another one. I just -- that doesn't make sense to me, because if you can go to either one of them, it wouldn't really matter. Mr. Alfonso: I think what he was trying to say -- and I -- he's not here, so I don't want to speak on his behalf necessarily, but if you look at the second page, which has the current maps, and the Coral Way NET Office, it goes from the western boundary of the Cit) all the way to the water. And the way we aligned the new maps, it's -- they're closer -- you know, the new NET office for Coral Way, it's more centrally located for the residents of Coral Way, per se, but that's really, as I said is more for our operational. So my NET administrator that's in Coral Way, which is Number 3, doesn't have to go all the way to the water to meet his area of operations. You see, now, we narrowed it, and we put somebody else in that area; more physically or geographically located closer to that area. Commissioner Carollo: Mr. Chairman. City ofMiami Page 113 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you. The problem is when we're wasting manpower walking door to door, passing out flyers, saying that, 1f you have any issues, contact this NET office, 'bnd that NET office is two miles away, or far away; where you cross the street, and you have a NET office right there. I don't think it's very efficient or effective, for that matter. Mr. Alfonso: We provide all NET offices, Commissioner -- anybody can go to any NET office, but clearly, there are some that are primary to the area, yes. Commissioner Carollo: In other words, if you have a NET office right here, you don't walk this area and pass out flyers saying, Your NET office is here. If you have any problems, contact this NET office. " Mr. Alfonso: Yes. Now, recall -- if you -- Commissioner Carollo: That doesn't make it very effective, or efficient, for that matter Mr. Alfonso: Commissioner, if you recall, that NET office didn't exist until about three months ago, which is why that area was wider, but now that we have that NET office, we're changing the boundaries so that it makes it for better operations. I agree with you. Commissioner Carollo: I think that NET office has been open for at least nine months. Now, with that said, this was the last week of January, where there was manpower walking door to door, passing out flyers, saying, Listen, if you have any questions, any problems, this is the NET Office that you contact. "So I'm having residents asking me, Commissioner, there's a NET office right here. Why are "-- Why is the Cit) passing out flyers saying we have to go all the way to 16th Street? " Commissioner Gort: Let me -- Chair Hardemon: And that's (UNINTELLIGIBLE) question came in. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: Let me tell you, I think, for the first time, the NET office is going door to door, and people know there are NET office, because I can assure you, there's a lot of people didn't know that they have a NET office either here or there or there. So I really appreciate what you're doing, going door to door. If you want to change the boundaries, I think if you --you got all the rights to do so and request it; but at the same time, I want to be able to look at mine and see how it works, because one of the most difficult areas is Allapattah, okay? I can tell you right now, we're expanding Allapattah into Little Havana, because I have part of -- I have Little Havana, Allapattah, Grapeland and Flagami. And this is something that I need to look into. I know they've done a hell of a good job to looking at it, but I think for the first time, people realize it's a NET office, because we going door to door, telling people there is a NET office. I agree with you that some of the boundaries should be changed so they can be right next to them. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: And again, I'm bringing an issue up. I think the Manager saw clearly what the issue is. I think it doesn't take much to realize that it -- across the street, you have a City ofMiami Page 114 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 NET office there. You don't say that we have to go all the way to Brickell to that NET office, and you don't receive a paper and -- I won't say in the mailbox -- but let's say in your door -- saying, Hey, if you have any issue, contact us. We'll fix it, but contact the Brickell office. "It's just not very conducive. It's not very conducive to being effective and efficient. And I think that's one of the issues that most people see with government. So all I'm saying is, listen, why don't you change the boundaries so that surrounding that NET office will be part of the boundaries ? The Manager clearly saw it. He -- if you see the last map, he understands; it was done. I even commend you, because between when I first put it on to now, by this meeting, the boundaries have been changed, but I'm not sure if the boundaries are actually changed. Mr. Alfonso: No. Commissioner, we've been working on this for several months, and I don't think that from when you put this on the agenda to now anything has changed. Commissioner Carollo: Okay. So what's this last -- so then, tell me, what's this last sheet that you're providing? Mr. Alfonso: There's a hybrid that shows you, superimposed, both; there is one that is the current; and then, there's one that's separately the new. Commissioner Carollo: Right, and that's what I'm talking about, separately the new, that l just received. So if this is the new boundary -- Mr. Alfonso: We gave you a new map that looks differently, because it doesn't have the hybrid version, but it is what we are proposing to do operationally. Commissioner Carollo: So this is going to be a new map is what you're saying? Mr. Alfonso: Yes. Commissioner Carollo: Right. So, I mean -- I guess we're talking past each -- Mr. Alfonso: But that's no change from when you put this on the agenda, sir. Commissioner Carollo: What's that? Mr. Alfonso: There's no change from what we were doing as an operational issue from when you put this on the agenda Commissioner Carollo: Okay. Have you seen what you have on your websites? Mr. Alfonso: Yes, sir. Commissioner Carollo: This is the first time we see this map. I think even your email says this is the new map. Mr. Alfonso: Yes, because we have been working on the new map; we haven't published it. We have been working on the new map. This is something that you put on the agenda, I assume, because somebody was trying to talk to you about the new NET areas. Commissioner Carollo: Well, I put it into the agenda, because I don't think, once again, that, you know, it -- you know, we're in this bureaucracy -- bureautical [sic] process, and realistically, I don't think it's very efficient that we're walking door to door, letting people know that Your NET Office is two miles away, Ul en you cross the street and you have NET office there. So that's manpower that could be picking up trash; that could be, you know, going after graffiti; that could be doing, I think, more efficient things. City ofMiami Page 115 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, sir. Vice Chair Russell: One of the things I think we run into is that the lines are drawn and should be drawn by neighborhood, where the NET office -- where the officer can focus his attention within a community, but sometimes, the real estate that's available to us for where that NET Office should be ends up putting it somewhere that might be closer to the border than the center of that NET office district, and we're looking at that even in the Grove, where we might be moving the NET office, and it won't be exactly where Number 2 is; it might be further off to the side. But I can see the challenge that you're talking about, but it goes beyond that to where it's being brought to us now by you. I guess this wasn't going to come before Commission. This was just an administrative change or decision, and I'm wondering if there is any involvement of the district Commissioners that could be made. I really want to start working closer and closer with the NET offices as a constituent services arm for my communii)v and for my constituents. And even some of these lines that are drawn here, I'd at least have some questions of why they're there instead of one street over, where -- I mean, it's almost lining up with the district, but it's one street over to where that NET officer is going to have to go into another district's neighborhood association meetings and such, when, if it lined up right with the district one street over, it might not be; it might line up perfectly. I'd just kind of like to be involved with that decision, if possible. Mr. Alfonso: And I do believe that there were multiple attempts to meet with you. And we haven't published the new maps yet. We haven't changed anything yet. This is something that the Commissioner brought up for discussion, but we have made attempts to meet with every elected official. I want to say something, because we use some words sometimes that -- and I think words have meanings, and it's important that people understand the meaning of those words. So the bureaucracy that is in the Cii)v of Miami responds to 100, 000 fire calls or Eire Rescue calls; 300 plus thousand Police response calls; multiple thousands of potholes; 150 plus visits to a household evety year to collect garbage. We --this bureaucracy does a lot of things, sir, and this bureaucracy is hying to operate as efficiently as possible, and we are looking at things to change and improve. And we did ask our folks that are in the NET offices to go out into the communii)v and meet the customers that are out there; meet the residents, so if, perhaps, in the first few weeks of this trial, maybe we went to some houses that were not the closest to one Office or another, thea culpa, 'but our intent is clearly to get out into the communii)v and let the residents know that the Cii)v of Miami is there to help. Ms. Vanessa Acosta, please. Vanessa Acosta: Vanessa Acosta, director of NET. In the past few months, we've been reaching out to your offices to work on just that, Commissioner Russell; how we can coordinate and work the plans for each community and throughout the Cii)v. NET is working very hard to do evetything from door to door to create event spaces to work with our sister departments in bringing the residents closer to understanding all of the services that, as the Manager just said we do already provide. We are doing the walking plans. This is something new for us. Weare trying to get out there and show people, Here's where we are. Here's what we can do. "It's going to be a growing process, because there are some things that we currently don't do. There are some things we may want to do, some things we may not want to do, but we do look forward to working with you to see what things we can bring to the communities and what we can do going forward with these plans. And we did meet with you, Commissioner Russell. Vice Chair Russell: About the lines? I'd like to meet again. I'd love this meeting. I really want to get into it more, and I apologize. Ms. Acosta: We look forward to it. NET looks forward to working collaboratively with all of you. City ofMiami Page 116 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: And -- If I could? -- I'm hoping that -- and I mentioned this before -- we have one number for all of the NET offices, and that's 3-1-1; that when a constituent -- they don't have to memorize 10 different numbers or know where their neighborhood seven -digit number is. I've got an issue; I want to talk to my NET office, this is a way. I mean, that's just a goal of mine, but -- Commissioner Gort: I really have to tell you, we will have to improve 3-1-1 a lot before we can do that. Commissioner Carollo: Mr. Chairman. ChairHardemon: Commissioner. Commissioner Carollo: And again, look, a lot's been said. It's very easy; just look at the map. Commissioner Russell, here's Brickell. They're telling you, or their residents, because they're walking door to door, because we're being efficient, and we want people to know that you could go to a NET office. They're telling these residents right here, fro to this NET office," however, there's one right here. Don't you think that instead of all this area, including yours, going to the NET office that's right there, we shouldn't be walking door to door and telling them to go here ? Ms. Acosta: Commissioner, we've been working on these maps and developing the changes in the lines roughly since about November of last year to promote just this efficiency. I was looking to get consensus after meeting with the different offices and from the Manager as to these administrative boundaries. Change is not always easy. The boundaries are what you're all used to seeing, but these changes are necessary based on the current demographics, how we're servicing people; and, just as Commissioner Russell said the real estate available where we can locate these offices, because in some areas, it's unaffordable, we don't have a location, or we co -share space. Commissioner Carollo: Mr. Chairman -- ChairHardemon: You're recognized. Commissioner Carollo: -- to close. And again, I understand that this could take some time here and there, but I think it's preto) -- it's common sense that if a new office is open right there, the surrounding area should belong to that NET office. I don't think it takes much scientific know -about in order to realize that. Now, with that said, again, I just want to see where we are. I mean, I was provided this new map -- I think it was last night -- and I wanted to know, is this the new proposal, or where are we? Because in the meantime, in the meantime, as late as the last week of Jamtary or the first week of February, there was flyers being delivered to the neighborhoods around that -- surrounding that NET office, saying, You have to go Y number of blocks or miles to another NET office. "And again, that's not very efficient. Mr. Alfonso: Okay. The -- Commissioner Carollo: That's not very effective, either. Mr. Alfonso: The new NET area, we -- operationally, we haven't finalized the maps yet, sir. Commissioner Carollo: When will they be finalized? Mr. Alfonso: Soon. Commissioner Carollo: And what's .boon? Could we, you know--? City ofMiami Page 117 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Alfonso: Well, depends -- Commissioner Carollo: And by the way -- Mr. Alfonso: -- on how quickly we can meet with you, Commissioners, so that we can talk about some of these issues. Commissioner Carollo: Mr. Manager, I've been mentioning about the NET offices since 2014, and I've got the 2014 map. I actually had the 2012 map when it was the other way around, and I don't know how it changed. Somewhere in there, it was changed So, you know, in the City of Miami, things change from day to day, and, you know, no one tells us anything; just like the ticket policy, which there was a ticket policy, or we pass out tickets; yet, no one from this Commission knew what was the policy. So again, listen, all I want to know is when is this going to be fixed? Because at least in this area, it's affecting the residents. You may not get the complaints, butt do. So again, a lot of residents tell me, Commissioner, do you need for us to go to the Commission meeting? "I said, No. "I think this is a no-brainer; but then again, this is the City of Miami. So all I'm saying is, listen, I want to know. I think I commended you. You did a very good job. I think, rearranging it the way you did makes perfect sense, but I wanted to know, when is this going to be implemented or -- Mr. Alfonso: Mr. Chairman -- Commissioner Carollo: does it need a vote from the Commission, or, you know, where are we? Because, you know, it's affecting the current residents. Maybe it doesn't affect the residents in Allapattah, Commissioner Gort. Commissioner Gort: No, it does affect them, too. These changes does affect me. The -- and I've talked to them, and we going to be continuing to talk, because the one thing I've talked about is I have -- I'd like to have the NET office the way they used to be, where people can go there, and that's what we're trying to do, and get all those service they used to get before. They could get permit, they could get a lot of work done, where they don't have to go all the way to downtown. They can get it done at the NET office. Commissioner Carollo: Yeah, but right now -- Commissioner Gort: Right now, this affects some of my thinking and my area. Like I said before, I need to sit down with them and redraft a little bit more. Maybe you're very, very much happy with the way it is for you now, butt don't know the adjacent -- your adjacent neighbors, they agree with them, or how are they going to affect them? Commissioner Carollo: Is it possible to bring it back to the next Commission meeting? Mr. Alfonso: Commissioner, we can bring it back for the next Commission meeting. I don't have a problem with that. I'm just -- my point is that this is simply an operational map for our NET Offices in the City of Miami. We can meet with you, and when we're all happy with them, we'll just publish the new maps. It's not an item that needs a resolution, or an ordinance, or anything like that. Commissioner Carollo: Well, it does when residents feel that they have to go, you know, blocks and miles away instead of just going to a NET office, which is across the street. Chair Hardemon: No. I think that's what the Manager is expressing; that this map, the proposed new boundaries will be able to solve. So the issues that you have with it, Commissioner, it seems to me that the Manager agrees that there are some issues. There have City ofMiami Page 118 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 been some inefficiencies; they're addressing them; however, the changing of the boundaries is a purely operational -- which means that it is an internal function that does not need Commission approval, and that's how they would use their resources to address the neighborhood. So I think we've discussed this (UNINTELLIGIBLE). Commissioner Carollo: But, Mr. Chairman, understand if the internal functioning is not functioning, the residents come back to who they know -- Chair Hardemon: Yeah, they come back tons. Commissioner Carollo: -- which is the Commissioner. Chair Hardemon: Right. So what we're saying -- I believe he said he was going to come back at the next Commission meeting, and we'll have a plan, hopefully, as everyone meets with him, that is sufficient for all of us, so we can tell our constituents. Commissioner Carollo: And by the way, just to clarify, especiallyforyou, Commissioner Gort, this new proposal is not my proposal; it's what the Administration proposed as a new proposal. It's not even my proposal. Commissioner Gort: No, I understand. I understand. Commissioner Carollo: Okay. Chair Hardemon: All right. Thank you so very much. Let's move on to item DI. 6. Commissioner Gort: Thank you. Chair Hardemon: Commissioner Gort. Commissioner Gort: First, the Administration, I want to thank you, because I know you're trying to improve the service that's being provided by the NET offices, and I really appreciate it. Mr. Alfonso: Thank you, Commissioner. DI.6 DISCUSSION ITEM 16-00387 District 2- DISCUSSION REGARDING REDUCING SPEED LIMITS CITY-WIDE. Commissioner Ken Russell 16-00387 E -Mail - Discussion Item.pdf DISCUSSED .Ieovanny Rodriguez: Good afternoon, Commissioners. .Ieovanny Rodriguez, director, Capital Improvements and Transportation. DI 6 is a discussion item for -- regarding the reduction of speed limits citywide. I'm here to answer any questions that the board may have, and provide information. Vice Chair Russell: Thank you, .Ieovanny. Chair Hardemon: You're recognized, sir. Vice Chair Russell: It's been a very common complaint amongst residents throughout my district about cut -through traffic going through residential neighborhoods, and the speeds at which those City ofMiami Page 119 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 cars go through. It's dangerous for kids; it's dangerous for pets. A lot of communities in our neighborhoods don't have sidewalks, and people walk on the streets. And, obviously, we're doing everything we can to encourage people to take the main roads and not do cut -through traffic. One of the steps that I'm thinking we might entertain, and I brought up as a discussion item to see what options there are, and what your experiences are in your districts, is to possibly reduce the default speed limit, the one where there's no signs at all. IfI'm not mistaken, currently, that's 30 miles -- 35 mile -- 30 miles an hour in neighborhood zones. Mr. Rodriguez: 30 miles per hour. Vice Chair Russell: 30 miles per hour. And so one option would be to reduce that by five miles per hour to 25. It wouldn't require, if I'm not mistaken, any changes in signage, or expenditure in that way, because it's for only in the default areas where there's no signs. Mr. Rodriguez: No, Commissioner. If we do reduce the default speed limit for anything less than 30 miles an hour, signs -- speed limit signs will be required, because you're now going through a speed that is not your default speed. Commissioner Suarez: Mr. Chair. Vice Chair Russell: That's what I'm saying. We would get the default changed, so that anywhere there's not a sign that -- and so I had a small conversation with Alice Bravo about this, because I know this is a County -related issue, and you're changing speed limits and such as that, and the thought of doing a cio) wide testing, you know, and people with radar guns, is the need there, is unthinkable. She implied that it's possible this could be passed on a policy basis if a decision were made administratively to change the default speed limit where signs are not posted to -- rather than be 30 to be 25. Now, this is just one idea And another idea and --that might actually accomplish the same goal is that I've recognized in some neighborhood meetings -- and I'll look to our Police Department for answers on this -- that there is a buffer of eight miles per hour before our City of Miami Police will take action on a violator over the speed limit. For example, if they're in a 30 -mile -an -hour zone, they will not touch that offender until they're doing 38 to get a ticket. I don't know if that's an official policy, or just a habit policy, but it's been mentioned to residents by officers, and so I wanted to know about that. And if that's the case, a possible solution might just be enforcement at the level of where the sign is. And then a third solution might be that many of these cut -through neighborhoods actually have either special taxing or -- what -- off-duty police officers, and I see many of those officers; some are circling, some are parked. But if I understand correctly, they are not tasked with giving any speeding tickets if they see a speeder go by; that they don't actually take action; that our Police Department possibly empower them as, you know, watching over those neighborhoods to give tickets to speeders, as that's a safety concern. So those are my three thoughts that I just kind of wanted to bring up for discussion and see where it is. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Look, I think this is one of the biggest qualio) of life issues -- Commissioner Gort: Yes. Commissioner Suarez: -- that we face throughout the Cit) ; cut -through traffic. And I think -- and Jeovanny knows, because we've been in a lot of meetings with the Count), trying to find ways to get them to understand that we have a different traffic philosophy in the Cit) than the Count) has in the County. They want to get people from Aventura to Homestead. You know, we want to make sure that our neighborhoods feel like neighborhoods, and that our residents can utilize our neighborhood streets to get to and from their house; not necessarily to save three City ofMiami Page 120 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 minutes, cutting, you know, from downtown; or going out west, beyond the City to Westchester or whatever. So I'm in favor of any sort of speed limit reduction; let me just start by saying that. So even if it had to be with signs, I don't have a problem with that, because it's actually probably a good thing that people know that they have to drive slower. So, you know, and signs are not expensive. Some neighbors don't like them because of the aesthetic component of it, butt don't have a problem with anything that's speed -reducing. I will say that that obviously requires enforcement, which means that we need to use our officers, and that usually, in my experience, has been a preto) short-term solution for a bad area. What I have found to be abetter long-term solution is speed tables that will actually force people to slow down in --from an engineering perspective, and/or hopefully, in the final stages of a process that has taken us three years and has accelerated recently, because Darlene Fernandez is now with the County, and has replaced some of the people there, would bring an MOU (Memorandum of Understanding) to the City and the Count) that would allow the City to have the authority to implement those traffic control devices, so we can start on our own, analyzing, and implementing, and approving traffic control devices that'll start to make our neighborhoods feel more like neighborhoods. Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized, Commissioner Gort. Commissioner Gort: You are both correct; this is a problem we have throughout the Cit) of Miami, through all our neighborhoods. One of the things that I've done -- I'm getting requests every day in speed bumps. You have seen them allover Miami Beach. You will see them allover the place. The speed bumps do work because --and I definitely would like to lower the mileage in certain neighborhoods, so people will stop, but we got to have speed bumps within this area. Also, we got -- we have to have enforcement, because we have all kinds of code, and we have all kinds of laws, and -- but we need the enforcement; without the enforcement, it'll be very dificult. Chair Hardemon: One of the things I guess that confuses me: To me, the question that I have is, one: Is the 30 -miles -per -hour speed limit unsafe? It's the first question. Two: Does making it 25 miles per hour make it more safe; or is it that what we're more concerned about are speeders? Because, as I understand it, whether or not it is 25 or 30 miles per hour, if you're a speeder, you're a speeder, and you're going to speed. On the highway, the speed limit is double that; it's 60 miles an hour, and we travel 75, 80 miles an hour. So the speed humps to me make sense, because it addresses the problem, which are the speeders; the speeders who travel faster than the limit. And therefore, if you go too fast over a speed hump, then you may cause damage to your vehicle; or some accident, or something of that nature. That's what speed humps effectively do; they tackle speeders. And so that's -- I guess that's my question. So, you know, as a general policy to say, Well, lowering the speed limit will do it, T don't really agree. I think lowering the speed limit lowers the speed limit. You may increase the likelihood --I can possibly --the way that I see it, I know that in my car, if I don't press the gas, my car has me going at least 15 miles an hour. I don't know if that's true or not, but that's what it feels like, because when I go through a speed zone for children, I have to constantly hit the brakes. I know I find myself tapping them brakes. I don't know how fast my vehicle actually travels, but I do know that when I consider the speed limit in an area, I don't think that the speed limit is what determines whether or not you're violating the law; it's actually your foot on the gas, and how fast you're traveling. Now, when it comes to the police officers, I couldn't imagine that police are allowing people to travel eight miles an hour over it. I know that in my district, and probably some other districts, and some other areas within Miami -Dade County, I mean, you'll get stopped for not coming to a complete stop; for having tints that are too dark; for having one working taillight. I mean, all these are violations that you can be stopped for. So I couldn't imagine one being enforced differently just because the person is traveling eight miles and over, seven; and particularly, the City of Miami police officers, if they don't have radar guns, they don't know how much faster than the speed you're going. They only can look at it and say, That guy is speeding, 'Because he's clearly going over the speed limit. So there's just a lot of issues that I guess that, for me, just making a general City ofMiami Page 121 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 policy move, saying going from 30 to 25 doesn't necessarily solve the problem of speeders. Vice Chair Russell: Mr. Chair. Chair Hardemon: Yeah, you're recognized. Vice Chair Russell: What are the chances of the County actually giving us the authorio) to manage those sort of speed control devices? And if it's a super long shot that we would actually be able to make those decisions on where speed bumps or traffic circles -- we'll be given that, it's already slated for us to have that authorio) ? Mr. Rodriguez: Commissioner, ifI may? Victoria Mendez (City Attorne)): Well, we're -- Mr. Rodriguez: We -- Ms. Mendez: -- limited, and you know this better. For traffic circles, traffic -- Mr. Rodriguez: Actually, Commission, we already have that authorio) right now -- Commissioner Suarez: Right. Mr. Rodriguez: -- because the MOUS is already executed with the Count). What we're trying to do in the -- Commissioner Suarez: Refine it. Mr. Rodriguez: -- next month or so is to refine it -- Commissioner Suarez: Yeah. Mr. Rodriguez: -- to refine the actual criteria that we're going to use to be able to warrant one of those things, because the MOUS that was approved by the Count), basically, they gave us that authorio) already, but they gave us a couple of exceptions. If you have X'humber of feet from a Count) road, we still got to go back to the County. And also, we have to follow the Cosmo) 's criteria to determine whether a speed -- traffic -calming device is warranted or not. And that actually, you know, put us back in the same situation that we were before; that every request that was sent to the Count) would end up being denied, because the Cotlm)�'s criteria was basically too stringent. So we are going back to the Count) and trying to refine that criteria to kind of make it a little easier for us to be able to approve those traffic -calming device, but we do have the authorio) to do that. Commissioner Suarez: Yeah. Basically, basically, the deal -- the original deal, which was very hard fought, the exceptions in my opinion swallow the rule. For example, you couldn't do it within 500 feet of a County road, which meant you couldn't do it mid -block in the first block of any street without their approval. So you're back, you're back on square one; you're back in their approval. Then, they didn't change their criteria, so you still have to go through their criteria. So if they denied you under their criteria, and the criteria doesn't change, all you're doing is, now you have to deny yourself, because it's the same criteria. So what we did was we looked at the criteria. We said, took, what's the best, most favored nation's clause? What is the cit) that's getting the most favorable criteria? And we want to be matched with that city. "And we found that there was a city that was getting a much more favorable, much better criteria, so we're going to match their criteria, and we're reducing it to 250 feet, which would allow us to do a traffic table mid -block in any block entering the neighborhood, for example. So let's say, just City ofMiami Page 122 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 to use 17th Avenue. It's a huge avenue and U.S.]for cut -through, because people are cutting through U.S.1 on 25th Terrace, right? That's the first street just north of U.S. 1, west of 17th Avenue. And so you wouldn't be able to put a traffic table within the mid -block before you get to the end of the block to slow people down, so people can't accelerate within the neighborhood. You would have had to go back to the Count) for that. Now, we're going to be able to do it under a reduced criteria, which is going to make it a lot easier for us to get approval. Chair Hardemon: Commissioner Russell. Vice Chair Russell: This is news to me. I mean, honestly, the latest neighborhood in my district that was fighting for speed humps was still having trouble passing the criteria test. Commissioner Suarez: Right. Vice Chair Russell: And that criteria was so high that they would need to come out and test, and see how many speeders came through; how many dogs or children have died on the street before we'll put a speed bump, and it was so hard. So if I'm understanding correctly, we're on the path now -- Commissioner Suarez: Yes. Vice Chair Russell: -- to be able to manage this ourselves, and set our own criteria? Mr. Rodriguez: We actually -- no, we're not going to set our own criteria. What we have in the revision is that we have to either use the County's criteria, or any other criteria approved by the Count), but for all the -- any other municipalii)�. Commissioner Suarez: Let me -- Vice Chair Russell: Like Miami Beach. The Beach has a good one, if I'm not mistaken. Commissioner Suarez: The Beach has the best one right now. Commissioner Gort: Right. Commissioner Suarez: So the way it's drafted though -- because I wanted to anticipate them giving a better deal to some other cit) in the future. So the way it is drafted is that we will get what I call a lhost favored nation's treaty, ' f you will; meaning that if they -- let's say tomorrow, they turn around and give Pinecrest a reduced criteria from Miami Beach, which right now is the best criteria, the most loose criteria, the easiest criteria to get a speed table -- then automatically, by operation of that clause, we would get Pinecrest. If they said to Coral Gables, We're going to make yours even easier, 'then we would automatically get their criteria. So we will -- we get the criteria that is established that is the most favorable to any cit). Chair Hardemon: Commissioner Gort. Commissioner Gort: The -- what is the cost, more or less, of the speed bumps? Commissioner Suarez: 10,000. Mr. Rodriguez: Commissioner, you have a speed hump, which is basically your asphalt speed hump, and those are around, I would say, you know, $8, 000 or so. You also have -- Commissioner Gort: How much? City ofMiami Page 123 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Rodriguez: About 8, 000. We have what we call the speed tables, which is the ones that are a little more attractive, and those cost you around 15. So I would say, including design and so on, it's going to take you anywhere between 8, 00019, 000 to 15. Commissioner Gort: Okay. Pine Tree Drive, have you gone through there, on Miami Beach? Commissioner Suarez: Yeah. Commissioner Gort: Pine Tree Drive? Commissioner Suarez: They're there. There are speed tables there. Commissioner Gort: But their -- those, I'm sure, are not at $5, 000 to 9, 000. Mr. Rodriguez: I believe, Commissioner, the ones that you're referring to are the ones that are sort of like rubberized Commissioner Suarez: Yeah. Mr. Rodriguez: Two square. Those are called speed cushions. Commissioner Gort: Yes. Mr. Rodriguez: They are an option, as well. Commissioner Gort: And they work? Mr. Rodriguez: They do work. There's -- Chair Hardemon: You called it a speed cushion? Commissioner Gort: Yes. Chair Hardemon: How do you describe that again? Mr. Rodriguez: The speed cushions are -- basically, what you have is two separate humps, and you have a -- when the cars come in, just the difference; the distance between the wheels of the cars, you have to go through -- you're forced to go through the speed cushions, but if a truck comes in, sometimes the distance between the wheels, they can go between the spaces in between. So -- Chair Hardemon: Is that the one where, when I'm driving, and I try to avoid traffic -calming device, where I put one tire on the main -- Commissioner Gort: Yeah. Mr. Rodriguez: Yeah, those -- and you can go -- Chair Hardemon: --in order -- (UNINTELLIGIBLE) going up? Mr. Rodriguez: That's correct, yeah. Chair Hardemon: Okay. Mr. Rodriguez: It's basically two independent ones. City ofMiami Page 124 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Gort: Right. Vice Chair Russell: This is great. This'll make a huge difference if we have that abilio) . Commissioner Gort: Sure. Vice Chair Russell: And thank you, guys, for working on that. I would like to learn more about the enforcement, though, if we could talk to the police department, as well, here. Mr. Rodriguez: Commissioner, ifI may, I would like -- Vice Chair Russell: We have a three-hour meeting tomorrow, don't we? Mr. Rodriguez: That's correct. Vice Chair Russell: Will this be in place in time for that? Because I have about 10 speed bumps and 10 circles I want to talk about. Mr. Rodriguez: Well, we can definitely discuss that as part of our meeting. I would like to make a comment regarding the reduction of speed limits. The speed limits are the jurisdiction of the Count) under Section 3299. The Count) does provide the ability to reduce the speed limits, but usually, they will require a traffic study before they can make that determination to reduce from the default. Vice Chair Russell: Right. Mr. Rodriguez: Now, in the past, we have been successful in reducing the speed limits in at least one area that I know of. It was relatively small, and the Count) did the traffic study, them self. However, if we go to a much larger area and a speed -- a traffic study is required, the County has already expressed that they will put that responsibilio) on us. Sothis definitely would be a significant cost if we have to do a traffic study -- Vice Chair Russell: We have to do the study. Mr. Rodriguez: --you know, citywide, or anything like that. Vice Chair Russell: But if what Ms. Bravo told me is correct, and we go further down that road, this could be an administrative decision or a policy decision -- Mr. Rodriguez: That -- Vice Chair Russell: -- citywide. Mr. Rodriguez: Right. That -- Vice Chair Russell: It would not require the O) pe of testing. Mr. Rodriguez: That is correct; and same thing with the signs. In the past, they have requested that if we do change the default speed, signs are posted, and each one is on the streets. And they have also asked for the City to maintain those signs. So, again, if the Count) changes that position and signs are no longer required, then that would all -- would be benefit. Commissioner Carollo: Mr. -- City ofMiami Page 125 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Rodriguez: Otherwise, then we'll have to assume the responsibilio) for the installation and maintenance of those speed signs. Commissioner Carollo: --Chairman. ChairHardemon: Commissioner Carollo. Commissioner Carollo: There will have to be signs, because in a residential area, if there's no sign posted, then the speed limit is 30 miles per hour. Commissioner Gort: Right. Commissioner Carollo: So if you're going to reduce the speed limit, you will have to put signs; if not, the law stipulates that it's 30 miles per hour. Now, the problem that I see is that it's 30 miles per hour, but the majority of the people are going faster than 30 miles per hour. So even if we reduce it to 25, you know, unless we have enforcement -- I think enforcement is the key -- I don't think it's going to be much of a difference. I'll go along and I'll reduce to 25, even 20 in some residential areas; but, again, unless we have enforcement, I don't think it's going to make much of a difference, because they're speeding, you know, over the 30 miles per hour limit right now; but, again, if we are going to reduce it, we have to put signs. Vice Chair Russell: That's actually -- if I understand correctly, if we actually change the policy of that default speed limit, then you don't need to put the signs; you just change the policy. You change the law of what that default speed is. Commissioner Carollo: Right, but it's my understanding that it's State law. Commissioner Gort: Yeah. Vice Chair Russell: It's State or Count)? Mr. Rodriguez: Well, it's both. Vice Chair Russell: If you're going 100 mile an hour is --? Commissioner Carollo: Because when they issue a citation, they issue a State citation; 316 -- I forgot -- Luis Cabrera: Depuo) Chief Luis Cabrera, Cit) of Miami Police Department. It's under Florida Statute 316.83, Sub -Section 2. Commissioner Carollo: I just used to know that when I was a cop. I knew 316 -- Commissioner Suarez: That's on the tickets, right? Chief Cabrera: (UNINTELLIGIBLE). Commissioner Suarez: That's on the tickets, right? Commissioner Gort: Right. Commissioner Suarez: That's on the tickets. Commissioner Gort: They put it so well. City ofMiami Page 126 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: All right. Then, you're absolutely right, and changing State law on that -- Commissioner Carollo: Right. Vice Chair Russell: -- is very difficult. So, really, let's start having an enforcement discussion if we can, then. Thank you. Commissioner Carollo: Exactly, and that was my point. Vice Chair Russell: Thank you. Mr. Rodriguez: And you also have the fact, Commissioner, that people may not know that the default speed limit in any Cit) resident [sic] has been changed. Chair Hardemon: You'll start getting tickets. Mr. Rodriguez: If it is somewhere else, yeah, they -- so I do believe signs will be required. Chair Hardemon: Any further discussion on this? I'd like to hear about that question --the enforcement Vice Chair Russell: I would love to. Chair Hardemon: Assistant Chief, the Commissioner had some questions about enforcement. Is it true -- Vice Chair Russell: I hope this isn't top secret information I'm letting out. Chair Hardemon: -- that you only enforce -- Commissioner Gort: Did you have experience with that? Vice Chair Russell: -- is there an eight -mile -an -hour buffer? Chief Cabrera: No, sir. I was caught -- a little bit taken back when you said the comment, because we strictly -- when we train our officers, we train them to enforce Florida State Statutes, and the designated miles per hour that are within the areas. Last year, in 2015, we wrote over 9, 000 tickets, and according to the summonses and citations we've written this year, we're expecting to surpass that, so we do quite a bit of enforcement, traffic enforcement. We conduct, as you know, DUI (driving under the influence) checkpoints throughout the entire Cit). So we're very proactive in addressing traffic issues throughout our Cit). And as soon as we receive complaints from different neighborhoods, different associations, we go out there, and we provide specific directed enforcement throughout our cit). Vice Chair Russell: So this is misinformation, then, and I won't tell you which officer said this at an actual homeowners association, because they're saying, We see a car and we know it's speeding. "And they say, IVo, it's a 30 -mile -an -hour default, and they're going 38, and I can clock them, but I'm not going to ticket them at that speed. "And that, to me, is -- 38 through a residential district looks incredibly fast if you're walking your dog. Chief Cabrera: An officer has to enforce the law. I mean, they really don't have discretion on, Oh, well, I can allow a little bit of this, and a little bit of that. "You know, we train them, and we require that, you know, they enforce, you know, Florida State Statute, and what the -- Vice Chair Russell: That may need a little reinforcement, then, because it seems that there's a bit City ofMiami Page 127 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 of misinformation out there. And then the second question on that one is: For the off -duo) Officers who are doing extra duty for neighborhoods that are either in a special taxing district or paying directly -- Chief Cabrera: Right. Vice Chair Russell: -- are those officers also tasked with addressing speeding issues ? Chief Cabrera: In the majorio) of the homeowners associations that hire these officers on an off -duo) basis, basically ask us that we provide security within those neighborhoods. If, Tthey have a request or demand for traffic enforcement, then they go through the coordinator, and we will provide that. So that's not an issue. And even if they request it and the officer that's doing the securio) there is not able to, we will provide that on an on -duo) basis. Vice Chair Russell: So the officer I see in the Utopia District, and the Bay Heights, and in Morningside, they will not write a speeding -- if someone's going by and speeds through that neighborhood, they're not going to stop them? Chief Cabrera: No, that's not -- if -- that's not what I was saying, Commissioner. Vice Chair Russell: Okay. I just want -- Chief Cabrera: They are tasked and required to take enforcement in any violations of the law; yes. Vice Chair Russell: Okay, because that seems to be a misunderstanding amongst the neighborhood associations, as well. Chief Cabrera: And matter of fact, the associations are hiring them for them not only to address the criminal aspects, the qualio) of life aspects, but also the traffic issues within their neighborhoods, so these officers should be, and should be required to; and if they're not doing it, then it should be brought to the attention of those -- Commissioner Gort: Right. Chief Cabrera: -- who manage and direct them, because that's part of their duties, on or off duty. Vice Chair Russell: I'm vett' glad to hear that. And so I would love if that could be reinforced with the officers within some of these districts, because there is some misinformation that -- I don't know if it's -- and actually, I have heard it coming directly from officers, so I want to make sure that, one, they are enforcing the speed limit as it's written; and two, that the off-duty Officers, if they are on duo) , per se; if they're in a car, with a badge, in a neighborhood, and somebody speeds that they take action. Chief Cabrera: Commissioner, please rest assured that as soon as we leave the Commission meeting, I will provide directives, and we will discuss this in all our roll calls to make sure that our officers are aware of the rumors, or the perception out there, and we will address that immediately. Vice Chair Russell: Thank you. And -- oh, I'm the Chair now. And do we have quorum? Commissioner Gort: Yes, sir. Vice Chair Russell: Carollo's -- okay, good. Thank you very much. City ofMiami Page 128 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Rodriguez: Thank you. Vice Chair Russell: And thank you, Jeovanny. This is very good information to take to the residents and provide more safety in our neighborhoods. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Hardemon: And then also, I know that there were some items that we thought to continue from the Planning & Zoning meeting; and so, at this time, Mr. Cit) Manager, are there any items that you wish to continue? Daniel J. Alfonso (Cit) Manager): All right, my Zoning director -- my Planning & Zoning director is going to let you know which of those items are momentarily. Chair Hardemon: You're recognized, sir. Francisco Garcia (Director, Planning & Zoning): May it please, Commission. Mr. Chairman, Commissioners, there are a number of items in the Planning & Zoning agenda that I believe are slated for continuances and/or deferrals, and they are as follows: Item -- I'll read the list first; and if you want additional details, I'm happy to provide them. At present, we have items PZ I and PZ 2, which are companion items, to be continued to April 28; PZs 3 and 4, also April 28; items PZ 5 and 6, an indefinite continuance of six months; items PZ 7 and 8, to the April 28 meeting; item PZ 9, also indefinitely for six months; item PZ. 10, also indefinitely for six months; item PZ 13, April 28; PZs.14 and 15, April 28; and item PZ 17, to May 26. And that would leave its, sir, just for clarity's sake, with items PZ 11 and 12, and item PZ 16 to be heard today. I know there are some applicants here that may wish to speak on the items, and so it may be appropriate for them to do so at present. Chair Hardemon: Okay. First, let's just capture the motion first. So the request has been made by the Administration for the aforementioned continuances and deferrals. Is there any motion to (UNINTELLIGIBLE) ? Commissioner Suarez: So moved. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded, and so now I'll give you an opportunio) to speak. Paul Savage: Thank you, Mr. Chairman. My name is Paul Savage, with law offices at 100 Almeria Avenue, Coral Gables, Florida I'm here on behalf with Daniel Siberia, with a lobbyist registration on file. I just wanted to speak to one of the deferral items, which is PZ number 17, and I'm -- I understand that I'm only allowed to speak to the issue of the deferral only, and I just want to briefly say that this is the second 60 -day deferral. We would like there to be some sort of a notice or special notice on that item. There was promised a communio) outreach. This is a change to our Zoning Code that's brought forward by the Planning director and his department that is concerning many property owners, and so we would like a special notice for a communio) outreach meeting that was promised, as well as notice of some amended language that was promised to its. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. City ofMiami Page 129 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Suarez: I would just say -- and I've spoken to the Planning director about this -- there needs to be, I think, at minimum, a question and answer session, a public question and answer session, maybe even here in the City chambers that can hold quite a bit of people, because I've gotten a lot of calls and a lot of emails, and I've passed them on to the Planning director. so I'm -- I have a similar concern. Mr. Garcia: And may I state for the record in response to that that we think that is entirely appropriate and that it's certainly our intent, so if this Board cares to make any motion to that effect, we're happy to receive it, of course. Commissioner Suarez: Okay. Yeah, that's fine. I'm good with -- who made the motion for the deferrals? Has anyone made the motion for the deferrals? Todd B. Hannon (Cit) Clerk): There has been a motion and a second for all -- Commissioner Suarez: Who made the motion (UNINTELLIGIBLE)? Mr. Hannon: Commissioner Suarez; with a second by Commissioner Gort. Commissioner Suarez: So I made the initial motion for the deferrals? Mr. Hannon: Yes. Commissioner Suarez: Okay, I'll amend my motion to state that request as articulated by Mr. Savage and as agreed to by our Planning director. Chair Hardemon: Mr. Savage mentioned a special notice. Is that what -- that's what you're referring to, the special notice? Or is it --? Mr. Garcia: And we are happy to provide special notice as (UNINTELLIGIBLE), yes, (UNINTELLIGIBLE). Chair Hardemon: Okay. All right. Commissioner Suarez: And a public meeting, sort of like what we're doing here. I mean -- Mr. Garcia: A meeting as opposed to a hearing, but yes, of course. Commissioner Suarez: Okay. Thank you. Chair Hardemon: Any further unreadiness by the Board members? Commissioner Carollo: Yes, Mr. Chairman. I would just like to confirm all the PZ (Planning & Zoning) items that we're deferring; if we could just go down the list, Mr. Clerk. Mr. Garcia: Happy to do so, sir. I have stated items PZ.1 and 2 to April 28; items PZ3 and 4 to April 28; PZs.5 and 6, indefinitely, six months; items PZ 7 and 8, April 28; item PZ9, indefinitely, six months; item PZ 10, indefinitely, six months; items PZ -- I'm sorry -- item PZ 13, April 28; item PZs.14 and 15, April 28; and item PZ. 17, continuance for two months, which would be to May 26, with the proviso that a special meeting be held, additional communio) outreach be conducted, and that that special public meeting be held with special notice to all affected or interested stakeholders. We're happy to do so. Commissioner Carollo: Excuse me, Mr. Garcia. PZ. 7 and 8, I couldn't hear. I think someone -- City ofMiami Page 130 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Garcia: Yes, sir. That would be to April 28 is the intent, sir. Commissioner Carollo: So the only PZ items that we're going to listen today is PZ. 11, PZ 12, and PZ 16? Mr. Garcia: That is correct, sir. Thank you. Commissioner Gort: That's good. Chair Hardemon: Any further discussion? Vice Chair Russell: Oral record. Chair Hardemon: Any unreadiness? Hearing none, all in favor, say 5ye. " The Commission (Collectivel)): Aye. Chair Hardemon: Motion passes. Mr. Garcia: Thankyou. Chair Hardemon: We have a 3 o'clock time certain. Andre Sanctis: Sorry. Excuse me. I made a request to speak on PZ. 10; may I? Well, (UNINTELLIGIBLE). Chair Hardemon: It's a deferred item, so we're not going to be -- Mr. Santis: But that's about the deferral that I would like just to make a comment, ifI may? Chair Hardemon: Is the comment substantive, sir? Mr. Santis: I think so. Chair Hardemon: Okay, then I would advise you to come when the item will be heard to hear substantive concern. So the item did not pass; it was moved to another meeting for discussion, so it would not make much sense for us to hear a substantive comment about an item we're not taking up today. You understand? Mr. Santis: I'm not sure -- my issue -- my concern is exactly with the item being deferred, because that is an issue for the residents. Chair Hardemon: Well Commissioner Gort: Name and address. Chair Hardemon: -- they'll have an opportunio) to hear the item again later when it comes back, but right now, it's not being heard. Mr. Santis: Okay. Chair Hardemon: There'll be no action regarding that item, whatsoever, during that time that it's not -- City ofMiami Page 131 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Santis: So, today, I'll be able to make the comment on that, right? Chair Hardemon: Say it again, sir. Mr. Santis: I'll still be able to make the comment -- Chair Hardemon: Yes. Mr. Santis: -- on this (UNINTELLIGIBLE) later? Chair Hardemon: Oh, of course, yes. Mr. Santis: Thankyou very much. Chair Hardemon: Of course, you would. Mr. Garcia: And ifI may, through the Chair, just because it may be of help to anyone here who is interested, particularly on the items that have been, as I have phrased it, continued indefinitely for six months, those items will be renoticed again. I have to emphasize -- and this is simply standard protocol for the City Commission, but again, to make it clear, they could be taken up before those six months. However, at most, it will be taken up six months from now. And when they are taken up, everyone who has received notice previously will receive notice again in exactly the same fashion. So, if you received notice previously, or if you care to register as someone who is an interested part), we will certainly notify you again when that item is reheard. Mr. Santis: Oh, no, I did receive the notification about this today. Mr. Garcia: Very well. Thankyou. Chair Hardemon: Thankyou very much. Later... Vice Chair Russell: So I believe we're done with discussion items, and we're back to the P&Z (Planning & Zoning) -- PZ agenda, Mr. Clerk? Commissioner Gort: We have to change -- Mr. Hannon: Yes, sir. And Chair, before we begin the Planning & Zoning items, Madam City Attorney. Victoria Mendez (City Attorne)): PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the Miami Cit) Clerk. Please note, Commissioners have been briefed by Cit) staff and the City Attorney on items on the agenda today. The members of the Cit) Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present the item to be heard, the applications requiring Cit) Commission approval. The applicant will then present its application or request the Cit) Commission -- or request to the Cit) Commission. If the applicant agrees with the staff recommendation and no one from the public wishes to speak for or against the item, the Cit) 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 appellees. Staff will be allowed to make any recommendation they may have, and the public may speak, as stated before. The order of presentation shall be as described by the Cit) Code of Miami 21 Code. Members of the public City ofMiami Page 132 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 shall be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The Cit) of Miami requires that anyone requesting action by the Cit) Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to Cit) Code Section 2-8. Any documents offered to the Cit) 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 Cit) Commission's discretion. Thank you. Mr. Hannon: Good evening, ladies and gentlemen. If you'll be speaking on any of tonight's Planning & Zoning items, may I please have you stand and raise your right hand? The Cit) Clerk administered oath required under Cit) Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you. PZ.1 ORDINANCE Second Reading 11-00700lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. 11-00700lu 04-28-16 CC SR Fact Sheet.pdf 11-00700lu Analysis, Maps & PZAB Reso.pdf 11-00700lu Application & Supporting Docs.pdf 11-00700lu Legislation (v2).pdf 11-00700lu Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 133 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ I was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.2 ORDINANCE Second Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "75-R" URBAN CENTER ZONE -RESTRICTED TO "75-0" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED ATAPPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc 04-28-16 CC SR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11 -00700zc Application & Supporting Docs.pdf 11-00700zc Legislation (v2).pdf 11-00700zc Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 11-007001u. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 5, 2011 by a vote of 8-1. PURPOSE: This will change the above property from "75-R" Urban Center Zone - Restricted to "75-0" Urban Center Zone - Open. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 2 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.3 ORDINANCE Second Reading 15-00974lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY City ofMiami Page 134 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 0. 17 ACRES OF REAL PROPERTY WHICH IS THE EASTERN PORTION OF A PROPERTY COMPRISED OF APPROXIMATELY 0.40 ACRES LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. 15-00974lu 04-28-16 CC SR Fact Sheet.pdf 15-00974lu Analysis, Maps & PZAB Reso.pdf 15-00974lu Application & Supporting Docs.pdf 15-00974lu Legislation (v2).pdf 15-00974lu Exhibit.pdf LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 Design West, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00974zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 21, 2015, by a vote of 11-0. PURPOSE: This will change the Land Use Designation of the eastern portion of the above property from "Duplex Residential' to "Low Density Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 3 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.4 ORDINANCE Second Reading 15-00974zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3 -L "URBAN TRANSECT ZONE - LIMITED" TO T4 -L "GENERAL URBAN CENTER TRANSECT ZONE - LIMITED" AND T4 -L "GENERAL URBAN CENTER TRANSECT ZONE - LIMITED" TO T4-0 "GENERAL URBAN CENTER TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. City ofMiami Page 135 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 15-00974zc 04-28-16 CC SR Fact Sheet.pdf 15-00974zcAnalysis, Maps & PZAB Reso.pdf 15-00974zcApplication & Supporting Docs.pdf 15-00974zc Legislation (v3).pdf 15-00974zc Exhibit 1.pdf 15-00974zc ExhibitA.pdf LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 NW 2 Avenue, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-009741u. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on October 21, 2015, by a vote of 11-0. PURPOSE: This will allow a Zoning Classification change from T3 -L "Urban Transect Zone- Limited" to T4 -L "General Urban Center Transect Zone - Limited" and T4 -L "General Urban Center Transect Zone - Limited" to T4-0 "General Urban Center Transect Zone - Open" for the above property. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 4 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.5 ORDINANCE First Reading 15-00973lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 0.68 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. 15-00973lu 03-24-16 CC FR Fact Sheet.pdf 15-00973lu Analysis, Maps & PZAB Reso.pdf 15-00973lu Application & Supporting Docs.pdf 15-00973lu Legislation (v2).pdf 15-00973lu ExhibitA.pdf LOCATION: Approximately 30, 48, 54, 62 NW 34th Street [Commissioner Keon City ofMiami Page 136 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial; however, staff would recommend approval for the property located at 30 NW 34th Street. See companion File ID 15-00973zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial as a result of two failed votes to approve on September 16, 2015. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential' to "Low Density Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 5 was indefinitely deferred PZ.6 ORDINANCE First Reading 15-00973zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-0 "SUB -URBAN TRANSECT ZONE - OPEN" TO T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAI NI NG A SEVERABI LI TY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. 15-00973zc 03-24-16 CC FR Fact Sheet.pdf 15-00973zcAnalysis, Maps & PZAB Reso.pdf 15-00973zcApplication & Supporting Docs.pdf 15-00973zc Legislation (v2).pdf 15-00973zc ExhibitA.pdf LOCATION: Approximately 30, 48, 54, and 62 NW 34 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 9, 10 and 11 (30 NW 34th Avenue) and denial of Lots 12, 13 and 14 (48, 24 and 62 NW 34th Street). See companion File ID 15-009731u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 7-1. City ofMiami Page 137 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 PURPOSE: This will allow a zoning classification change for the above properties from T3-0 to T4-0. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 6 was indefinitely deferred PZ.7 ORDINANCE First Reading 15-00969lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED ATAPPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865 AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00969lu 04-28-16 CC FR Fact Sheet.pdf 15-00969lu Analysis, Maps & PZAB Reso.pdf 15-00969lu Application & Supporting Docs.pdf 15-00969lu Legislation (v2).pdf 15-00969lu ExhibitA.pdf LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue [Commissioner Ken Russell - District 2] APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the parcels located at 3875, 3865, 3851 and 3841 Day Avenue and denial of the parcels located at 3860, 3850, 3840 and 3830 Day Avenue. See companion File ID 15-00969zc. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential' to "Low Density Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 7 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.8 ORDINANCE First Reading City ofMiami Page 138 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 15-00969zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-0 "SUB -URBAN TRANSECT ZONE - OPEN", WITH A NCD -3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN", WITH A NCD -3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00969zc 04-28-16 CC FR Fact Sheet.pdf 15-00969zcAnalysis, Maps & PZAB Reso.pdf 15-00969zcApplication & Supporting Docs.pdf 15-00969zc Legislation (v2).pdf 15-00969zc ExhibitA.pdf LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue [Commissioner Ken Russell - District 2] APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 8, 9, 10 and 11 (3841, 3851, 3865 and 3875 Day Avenue) and denial of Lots 12, 13, 14 and 15 (3860, 3850, 3840 and 3830 Day Avenue). Item does not include a covenant. See companion File ID 15-009691u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 21, 2015, by a vote of 9-2. PURPOSE: This will allow a zoning classification change for the above properties from T3-0 "Sub -urban Transect Zone - Open" with a NCD -3 Coconut Grove Neighborhood Conservation District, to T4-0 "General Urban Transect Zone - Open" with a NCD -3 Coconut Grove Neighborhood Conservation District. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 8 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.9 ORDINANCE First Reading 14-00054zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "76-24-0" URBAN CORE ZONE -OPEN TO "T6 -36A-0" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, City ofMiami Page 139 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00054zc 03-24-16 CC FR Fact Sheet.pdf 14-00054zcAnalysis, Maps & PZAB Reso.pdf 14-00054zcApplication & Supporting Documents.pdf 14-00054zc Legislation (v3).pdf 14-00054zc Exhibit.pdf LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1445 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 3-5, on March 5, 2014; therefore, constituting a recommendation of denial. PURPOSE: This will change the above properties from "76-24-0" to "T6 -36A-0". Item does not include a covenant. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 9 was indefinitely deferred PZ.10 ORDINANCE First Reading 14-00655zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6 -8-R "URBAN CORE TRANSECT ZONE - RESTRICTED" TO T6 -48a -O "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED ATAPPROXIMATELY 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING ASEVERABILITY CLAUSE, AND PROVIDING FORAN EFFECTIVE DATE. 14-00655zc 03-24-16 CC FR Fact Sheet.pdf 14-00655zcAnalysis, Maps & PZAB Reso.pdf 14-00655zc Supporting Docs.pdf 14-00655zc Legislation (v2).pdf 14-00655zc Exhibit.pdf LOCATION: Approximately 240 SE 14th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami City ofMiami Page 140 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 and A. Vicky Garcia -Toledo, Esquire, on behalf of Babylon International, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on January 6, 2016, by a vote of 7-4. PURPOSE: This will change the zoning classification for the above property from T6 -8-R "Urban Core Transect Zone - Restricted" to T6 -48a-0 "Urban Core Transect Zone -Open". Item includes a covenant. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 10 was indefinitely deferred. PZ.11 ORDINANCE First Reading 11-01196ap3 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, AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET' ("MDDRS") SPECIALAREA PLAN ("SAP"), FOR THE REMOVAL OF PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, REMOVING APPROXIMATELY 13,086 SQUARE FEET, OR 0.30 ACRES, OF LOT AREA SPLIT AMONG TWO (2) PARCELS FORA NEW TOTAL COMBINED LOTAREA OF 982,600 SQUARE FEET, OR 22.56 ACRES; AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114 AND TO AMEND THE REGULATING PLAN OF THE MDDRS SAP ACCORDINGLY; MAKING FINDINGS OF FACTAND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FORAN EFFECTIVE DATE. 11-01196ap3 04-28-16 CC SR Fact Sheet.pdf 11-01196ap3Analysis, Maps & PZAB Reso.pdf 11-01196ap3 Supporting Docs.pdf 11-01196ap3 Legislation (v2).pdf 11-01196ap3 04-28-16 CC SR ExhibitA.pdf 11-01196ap3 04-28-16 CC SR Exhibit C.pdf 11-01196ap3 04-28-16 CC SR Exhibit D.pdf 11-01196ap3 FR & SR Exhibit E.pdf LOCATION: Selected Parcels, Approximately 53 and 61 Northeast 41 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steve J. Wernick, Esquire, on behalf of Miami Design District Associates, LLC and the City of Miami FINDING(S): City ofMiami Page 141 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on January 20, 2016 by a vote of 7-2. PURPOSE: This will allow the removal of certain parcels of approximately .30 acres from the "Miami Design District Retail Street Special Area Plan" ("SAP)" Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Vice Chair Russell: PZ 11, PZ 12. Francisco Garcia: Yes, sir. Thank you. For the record, Francisco Garcia, Planning & Zoning director. And as stated previously, the items left for us in the Planning & Zoning agenda are, as you mentioned, Commissioner, items PZ 11 and 12; and also, item PZ. 16 for those who may be here for those. First, items PZ 11 and PZ 12, which, as set forth on your agenda, deal with the extraction from the Design District Special Area Plan of a single parcel; in fact, part of that parcel, which is the one that has appeared before this board as a change of zoning to CI, civic institutional for the ICA (Institute of Contemporary Art) or the museum to be built there in the Design District. The request then is simply to leave, of course, the civic institutional zoning designation that was approved by the Commission, and remove what presently exists as an overlay, which is the Special Area Plan for the Design District. I'll say briefly by way of presentation, and quickly yield to the applicants -- that the main reason for the request is that the Special Area Plan, since it originally did not contemplate any CI parcels, since there were none in the Design District, makes no reference to CI as a zoning designation, which creates a bit of an anomaly. Now, certainly, the intent has always been for that particular parcel of land to be developed in an integral fashion, in a coherent fashion with the remainder of the Design District, since it belongs within the Design District generally, but those conditions or those regulations that would accomplish that have been folded into the exception permit that was issued for the facilio), itself. Commissioner Suarez: Move PZ 11. Vice Chair Russell: PZ 11 is moved. Do I have a second? Mr. Garcia: I'll put on the record briefly again, just for reference -- and I apologize for doing this. I should have done it previously -- that the Planning, Zoning & Appeals Board recommended approval; and we, the Planning & Zoning Department, are also recommending approval, as presented to you. Happy to answer any questions. Vice Chair Russell: We have a motion by Commissioner Suarez. Commissioner Gort: Second. Vice Chair Russell: A second by Commissioner Gort. I would like to hear from the presenter prior to public hearing. Jose Felix Diaz: Jose Felix Diaz, Akerman Senterfitt, 3 Brickell Cit) Center, 98 Southeast 7th Street, Miami, Florida, 33131. I'm here on behalf ofMiami Design District Associates, and its affiliates. The relevant parcel, which your director did such a good job describing, which is being removed, is at 53 Northeast 41 st Street and 61st [sic] Northeast 41 st Street. (UNINTELLIGIBLE) of the parcels, 13, 086 square feet or .30 acres. You have before you the retail street Special Area Plan amendment. If you turn to page A1.5, you'll see that in the northwest corner, there's two little parcels that are stricken out. These little parcels are basically City ofMiami Page 142 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 1.3 percent of the total SAP (Special Area Plan). Currently, the SAP contains 995,668 square feet. The new area after these parcels will be removed are 982,582 square feet. These parcels were controlled by Miami Design District Associates, and included with the development plan and -- at the time of approval of the Design District SAP in 2012, and the parcels have now been conveyed to the Contemporary Art Miami Museum, which we will refer to as ICA. The Commission has approved rezoning for this property. An exemption has been made by PZAB (Planning, Zoning & Appeals Board) to build the Institute of Contemporary Art. And on December 16, 2015, MDDA (Miami Design District Associates) submitted an application to amend this SAP by removing these ICA parcels; cleaning up the SAP Regulating Plan and Concept Book, and doing a partial release and amendment to the amended and restated Development Agreement. What's before you first is PZ 11, which is the ordinance to amend the previously approved Design District SAP by removing those parcels in the minor revisions to the Design District SAP Regulating Plan. That is it. Vice Chair Russell: Thank you. I'll open for public hearing. Anyone wishing to speak on this item? Victoria Mendez (City Attorne)): Chairman. Vice Chair Russell: Yes. Ms. Mendez: Are you opening for public hearing of both PZ. 11 and 12? Vice Chair Russell: Yes. Thank you, Madam City Attorney. Ms. Mendez: Thank you. Vice Chair Russell: Please state your name and address for the record. Wendy Stephan: Yes. Good evening. My name is Wendy Stephan. I live at 101 Northeast 43rd Street in Miami, in the neighborhood of Buena Vista East, which immediately is north of this parcel. During the negotiations, during which they constructed the SAP, our neighborhood was very involved. We actually had months and months of meetings, because this represented a huge change for the area; considerable -- more development, which we are now experiencing every day with the construction, but we agreed to the SAP. And part of the reason we agreed to the SAP at that time -- and I was on the board and part of those negotiations -- was that parcels north of 41st Street were limited to 50 feet. At that time, there was no discussion of parcels being individually and selectively removed from the SAP when it suited them. So, you know, as much as the applicant and the Planning director are referring to, you know, CI being in the SAP and that's not what they envisioned, there's nothing that we found that says that CI can't exist in the SAP. So the concern we have is, and what we raised before the Planning Board is: What is the true purpose of removing these parcels? What is -- what do they really truly need? And we believe it's to get out of the agreement they made so that they can build a larger building directly adjacent to our neighborhood, and that's a concern. So the other concern is, if, indeed, it is needed to take those parcels out of the SAP to build the ICA, they're already building. They already have a building permit. The building is a third constructed, so if that's critical to their project, removing the SAP, changing the Development Agreement, how is it that they have a building permit right now to construct that building? So these are the concerns that we have, and we would ask that these things be clarified or that these things not be granted. Vice Chair Russell: So the primary concern is that by being pulled out of the SAP, they may not -- no longer be limited to the height that's restricted within the SAP, and they'll be free to go --? Ms. Stephan: Yeah. 80 feet is what's the current zoning, and we're appealing that, actually. This particular -- that rezoning that they mentioned to CI is currently the subject of a lawsuit City ofMiami Page 143 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 am an appellant, as well as -- I mean a plaintiff, as well as one of my neighbors, and that's currently before the 11th Circuit Appellate Court. And so that zoning is actually not final, so, you know, we're trying to address it from multiple angles. Vice Chair Russell: Thank you. Mr. Garcia, under the SAP, what is the height limit for that property, and what -- would it change if they were extracted from the SAP? Mr. Garcia: For purposes of clario) , I think the best answer I can provide both for you, Commissioners, and also for anyone who is interested or affected by this issue is that at this moment in time, given that an exception permit has been issued for the site and that the project is being developed pursuant to that exception permit, that is the entitlement document that holds and that clearly establishes the height, as approved by the Planning & Zoning Department, and subsequently approved by the Planning, Zoning & Appeals Board. And so, the plans that everyone has seen that contain the details of that building are, in fact, the plans that must be followed to a T'in order for them to be implemented. With that said, I think the applicants may have additional information that they'd care to share with you; if you care to relate something. Vice Chair Russell: But my question was: Would being in the SAP or out of the SAP make a difference on the limit of height that they can have? Mr. Garcia: The answer is iio. " Vice Chair Russell: Okay. Commissioner Suarez: Right, yeah, and I just wanted him to clarify that, because that was the specific question that she asked And then the second question was -- go ahead. Mr. Garcia: And ifI may parenthetically add, No, because of the reason I stated previously, which is that the exception permit really rules the development of that land; that is, the entitlement document. " Vice Chair Russell: So that within the SAP, it may still be a worrisome size to them. The SA being within the SAP doesn't protect them from what their concern is about the size. Mr. Garcia: The change of zoning to CI requires, as stated previously in this body and others that any development proposal goes through the exception process, which requires public hearing. So that's the safeguard; as we've always said, that's the safeguard that everyone has Commissioner Suarez: But you're also saying, I think -- because their main concern happens to be height -- Mr. Garcia: Yes. Commissioner Suarez: --and the promises that were made to the neighborhood in particular with reference to height. So I know that this is very technical, but they're not technicians, so let's try to see if we can explain to them in very clear -- sort of parlance, if you will -- that they're bound through their construction plans or whatever -- How can you give them comfort to know that this is not going to be a building that exceeds the height that was already promised to the neighborhood? Mr. Garcia: There has been an exception permit issued -- Commissioner Suarez: Okay. Mr. Garcia: -- which contains details; in particular, the height of the building to be built. City ofMiami Page 144 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Subsequent to that, and pursuant to the exception permit, a building permit has been issued for a particular building. There is a set of plans at the Cit) of Miami which contain all of the details, and the City has every expectation that that is exactly the building that will be built, if that were not the case -- Commissioner Suarez: You wouldn't get a CO (certificate of occupanc)). Mr. Garcia: -- in any deviation, they would be subject to all the penalties that would occur. Commissioner Suarez: Go ahead. Do you have a follow-up? Ms. Stephan: So, well, the concern is that the building that's been permitted is about 69 feet tall, which is considerably taller than what we were excited about and we felt good about in the SAP. So, you know, that's the concern. So, you know, we just felt that -- and I think for --you're considering multiple SAP's around the Cit), and residents are being asked to give input, and to participate, and to feel comfortable, and negotiate, and we did We did that fully. And then when the opportunio) came to donate this land to the ICA to do something else, whoop. We just want to pull those parcels out. The "-- We're going to take those two tiny "-- that tiny little one percent of the SAP, and we're going to yank it out, because we want to do something different. " Well, that one percent is in my neighbor's backyard. Chair Hardemon: Wait. But I thought that all the properties that are within the SAP area are not technically within the SAP; is that correct? Mr. Garcia: Sorry, sir? Chair Hardemon: Are there any holes in the doughnut of an SAP? Mr. Garcia: The special -- let me take one moment to clarify a simple concept, just to be abundantly clear. When one speaks of a design district, we are really speaking of two things at the same time. One is the Design District, which is the Parking Improvement Trust Fund area, which refers back to the Special District Number 8 under the previous Zoning Ordinance, and that encompasses all of that which everyone understands as the Design District, right? And I can -- and the boundaries would be roughly Biscayne Boulevard -- and I emphasize roughly -- certainly 36th Street to the south. I believe this is -- I'm sorry, this map happens not to have street names on it, so I'm hoping I get it right. It's North Miami Avenue to the west, and roughly again 42nd Street to the north; although, in parts, it dips down below; just as a general reference. There are crenulation. Now, the second layer, which is, I believe, the one you're referring to, Commissioner Hardemon, is the Special Area Plan that Dacra and other companies applied for, which is also known as the Design District Special Area Plan. So you are correct in saying that the Special Area Plan has different holes, if you will, throughout it. All the properties are contiguous; however, it dips irregularly in many areas, because they had to all be under a unified property ownership and a unified application. So if we're talking about the Special Area Plan, yes, that has dips and holes. If we're talking about the Design District that I described earlier, then that's a fairly sort of well-defined area that has no holes. Chair Hardemon: So basically, what that brings me to is saying that these two properties being removed from the Special Area Plan does not make that Special Area Plan out of the ordinary, for instance? Mr. Garcia: Not in the least. Chair Hardemon: Right. That's what I thought. Commissioner. Commissioner Suarez: I guess my question is just more focused on the height, you know. There City ofMiami Page 145 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 was, I guess, a representation; maybe it was before -- I'm not sure when it was made, but there was a representation that the building was going to be Meet; 50 feet is what they said. Is -- can you explain that? Can anybody explain to me what were the feet, you know, how many feet it's going to be? Why is it different from what the communio) --? You know, that kind of stuff, because I think that's their specific issue. Mr. Garcia: I'll yield to the applicant in a moment, butt want to emphasize that -- in fact, I'm going to beg your indulgence in taking some issue at the way it has been described, because it is not the case. There hasn't been anything arbitrary about this process. Everything has been very deliberate in this process, and everything has been fully transparent, and vetted in public hearings; many of them; an abundant number; that, in addition to the meetings that have been held in the community, which many of the stakeholders here present have been involved in. So the change to CI was clearly the result of a public hearing decided at this body, and the exception permit, as presented to this body, was also the subject of a public hearing process and a thorough review that vetted the building as proposed, and as permitted So both of those processes took place in the -- certainly in the public light, and the result you have today is the museum that has been permitted, and it's been permitted completely in compliance with all applicable regulations. With that, I'll yield to the applicants. Commissioner Suarez: Does that have anything to do with what we're doing here today? That's previous to what we're doing here today. That's prior to what we're doing here today. Commissioner Gort: Correct. Mr. Garcia: Today, we are simply -- Commissioner Suarez: What I'm saying is what we're doing here today is not modifying the height or anything like that. Mr. Garcia: It is not; that's correct. Commissioner Suarez: I think that -- that's what I wanted to at least clarify for the audience members, who have been waiting here very patiently for many hours. Ms. Stephan: Well, it does strip away a level of protection that we believed we had negotiated very carefully. Chair Hardemon: Right. So -- Ms. Stephan: Yeah. Chair Hardemon: -- the question I have for the applicant -- I know ICA is the owner of these two parcels of land. Is ICA willing to voluntarily covenant reducing the height of this building to what the SAP requires? Mr. Diaz: I don't represent ICA. I represent the Miami Design District Associates, and, you know, there was a public hearing where, you know, the buildings were -- the site plan was configured, and it was approved, and I think they're appealing that, which they're entitled to do, but what's before you today is whether or not it remains as part of the SAP. And since they're no longer under the common ownership, the request is to take them out; whether it's ICA or somebody else; whether it's 68 feet or 50 feet, this is still a pre -condition of that exception hearing -- Chair Hardemon: Right. City ofMiami Page 146 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Diaz: --for this to be removed. Chair Hardemon: Many of the people, though -- I mean, Mr. Savage, he represents, I believe, two, if I remember correctly from back when you first presented. He represents two propero) owners. He does not necessarily represent all of the property owners there. And so we find ourselves at this question: Do you represent the two property owners who area part of this SAP that we're removing these two properties out? Mr. Diaz: No. I represent the applicant for the SAP that is trying to get them removed. Chair Hardemon: We always find ourselves in the situation --I don't know what it is about ICA, Brahman or whatever it may be, but we always find ourselves in a situation where -- Mr. Diaz: But the lawyers are here. Chair Hardemon: Hub? Mr. Diaz: If you want to speak to their lawyers, they have lawyers here. Chair Hardemon: Oh, okay. So why are you so quiet? Because we always find ourselves in the situation where we're asking someone, Can we do this? "And they say, Well, the person's not here to make that decision, 'which you're probably going to tell me -- Edward Martos: I understand. Chair Hardemon: --you can't make that decision. Mr. Martos: But I -- Chair Hardemon: Go ahead and say it. Mr. Martos: For the record, first of all, Edward Martos, with offices at 2525 Ponce de Leon Boulevard, here on behalf of the owner, ICA. This project, as has already been stated here on the record, has been approved. There's an exception approval; we are bound by it. We have G building permit. We have zero intention of changing the height from what's been already approved, which is 67 feet and six inches. Chair Hardemon: So they're not willing to make that change. Commissioner Russell. Commissioner Suarez: Can I just jump inhere? Because I want some clario) for the neighbors. And let me just make some clarity for the neighbors, because I was just talking to Planning director. What he's indicating to me is that there was an exception issued, and that there's a period for an appeal where the neighbors can appeal, and what he's saying is that the right time to have brought this forward was during that period to appeal, and that's -- I just want to clarify that for your -- that's what he's telling me. So I just want to clarify that for your perspective that --that's why I was a little --I was even confused as to whether this is an issue that's before us. It doesn't seem to me that that's an -- this is an issue that's before us, and I was trying to figure out, why is --just like you asked -- how could a building permit be issued unless this issue has been legally satisfied? You know, the Cit) wouldn't have issued a building permit unless there was -- you know. Well, I know he doubts that, butt don't think the Cit) would have issued it, but what he's saying is that there was an exception, and that it's -- that there was an appeal period that ran, and that's what I want to just sort of -- you know, that's what he just told me, so. Chair Hardemon: Vice Chairman. City ofMiami Page 147 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Thank you. What I want to understand to make today's decision, now that I understand that it doesn't have to do with the height, actually, is to know whether removing the two properties from the SAP gives either pari) -- the property owner, or the SAP, or Dacra any advantage or disadvantage within the SAP, or being out of the SAP, within their zoning, within their capacity to build within their requirements? Does it change anything for them, or is this just housekeeping? Mr. Garcia: Right. I view it as housekeeping for the following reason, Commissioner, and I intended to address that in my brief introduction, and I'll say it again for clariov's sake: There would be an inherent advantage in having the subject properties continue to be included in the Special Area Plan, because the Special Area Plan provides -- Vice Chair Russell: Advantage to who? Mr. Garcia: To the City. Vice Chair Russell: Right. Mr. Garcia: To everyone involved. So I'm about to describe the advantage. And the advantage would be that the Special Area Plan provides for a continuance, or a continuity, or a harmony of improvements to be made in the public right-of-way; there are certain appearance issues, et cetera that the Special Area Plan provides for; standards and guidelines for development, essentially. And what I'm representing to you is that, mindful of the fact that the Special Area Plan did not contemplate CI -zoned properties; and mindful of the fact that these properties had been rezoned to Cl, we, the Ciov of Miami Planning & Zoning Department, incorporated all of those other standards and guidelines into the exception process, so that the final result would be fully in compliance with the intent of the Special Area Plan; although outside of the Special Area Plan, point one. Point two is there are really two ways to go about doing what we're doing here today. One is to amend the Special Area Plan to make reference to Cl, et cetera, et cetera, but given that all those constraints and conditions have already been accomplished through the exception, it seems tons to be the most expedient way, the most efficient way to do it to simply remove these parcels from the Special Area Plan, because those considerations have already been addressed. That's my presentation to you. Vice Chair Russell: So even though they'd be out of the SAP, the sidewalks will look the same as the SAP; the lighting, the medians, the -- so it will be consistent with the SAP. It's just simply housekeeping. Mr. Garcia: That is correct. And then the one exception that I will note, because someone else may mention it, and that's perfectly fine -- it's certainly intended that way -- a museum, by virtue of its very function and type of building that it is, will, of course, stand out, and not comply with the standard issue commercial frontage that any other buildings will have. It is intended to stand out. It is intended to be an object building instead of a fabric building, and that is why a zoning change to CI took place at some point in time before this body, and that's what we're under presently. Chair Hardemon: So we are in public hearing. I'm assuming that public hearing will be for items PZ 11 and PZ 12. Commissioner Gort: 11 and 12. Chair Hardemon: It appears to be --yeah, PZ. 11 and PZ 12. Are there any other comments from the public about PZ. Hand PZ 12? Paul Savage: Yes, Chairman, if I may. City ofMiami Page 148 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: And -- two minutes, all right? Unidentified Speaker: (INAUDIBLE) Chair Hardemon: I'm talking to him, the guy at the lectern right now. Two minutes. Mr. Savage: Well, my name is Paul Savage. I represent Basel Benz, who lives at 4120 Northeast Ist Avenue, which is preto) much cati)�-corner -- maybe not touching, but cato) -corner to this parcel. I have one bit of housekeeping and an objection to make, which is we were given a staff presentation, an applicant presentation on item 11 only, and then at the request of the Cit) Attorney, we've opened public comment on 11 and 12 combined, so what's never been presented to you, but somehow, we're talking about it already is item 12 is the amendment to a Development Agreement, and first off, I want to say that everyone was trying to answer your question, and the Planning director is trying to answer your question, saying, Oh, that already happened. We've already approved that. We gave them C1. "Well, CI is on appeal. I'm the attorney. It's lodged in the court. It hasn't been adjudicated yet So the CI rezoning that was passed by this -- on June 25, and Commissioner Hardemon, I'll never forget it as long as Ilive, because it's the only Commission hearing I've ever been at where the Chairman had to throw his paper down and walked out of the hearing, okay? And the reason why was that this applicant -- by the way, the applicant is not the right applicant. We need the owner here, who owns these two parcels. They need to be making this application, and they need to be here to be able to answer your questions about how high the building is, and to be able to answer your questions about what kind of internships and things they may have. Now, I have to say, so item 12 is an amendment to a Development Agreement, which I don't think you realize they were under a Development Agreement. And if they want to come in -- the whole concept, by the way, the beginning of PZ. 12, the description says, Oh, this is under "-- we have to remember that Development Agreements are creatures of statute. So this says it's under 163, but it doesn't comply with the Development Agreement Act, which is a whole chapter of the Florida Statute that requires certain notice and things. And also, they said, Oh, this doesn't change zoning or anything. "If you look at the preamble to PZ. 12, it talks about that it -- they will get 65 units per acre, and 81 feet of height. That's in the preamble to PZ. 12. So, number one, the -- what the Development Agreement does that this parcel is under, it should -- what I call it -- and I don't make this up to be cute or anything; it's in the case law -- they call it the freeze. And the courts discussed the freeze, because the Development Agreement, from a developer's standpoint, for example, enters into a Development Agreement to freeze the zoning regulations for 20 or 30 years, so that when they spend a hundred million dollars over 10 years, nobody comes in and downzones them, and pulls the rug out from under them, so that's the developer's side of the freeze. But also, there's the Cit)�'s side of the freeze, and the communio) 's side of the freeze; that the Development Agreement is to freeze everyone in place. So now, what you have is -- and it says that it shall govern the development of the land under 163.322(1) (4) in the Florida Statute; defines He-velopment'as 5ny building activio) . "Well, the building -- this applicant -- this is the applicant, Chairman, that caused you to walk out with their answers to your inquiries. And this is the applicant who -- all my other cases and appeals, under the law, the developers say, Oh, I'm not going to build because if we're wrong, we may have to tear it down; there may be a problem. " This is the applicant who has built a 30 foot building, and the City should really double check the fine print. Usually, all the jurisdictions I work in, the fine print of the building permit says, 1f there is an appeal or a litigation, you guys take this building permit at your own risk. " Commissioner Gort: Yeah. Mr. Savage: You indemnify the City, okay? Chair Hardemon: No, you (UNINTELLIGIBLE). City ofMiami Page 149 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Mr. Savage: So this is a very brave and this is a very headstrong applicant here, and they're going forward. Well, guess what? They're under a Development Agreement. And now, in item 12 that we're trying to mush together and sneak it by, item 12 is they're in the Development Agreement -- Chair Hardemon: Mr. Savage, the one thing -- Mr. Savage: Yes, sir. Chair Hardemon: -- I will say, we don't sneak anything by. We do not sneak anything by. Mr. Savage: Okay. Chair Hardemon: We will look at item PZ.12 on its own feet. Mr. Savage: Good. Chair Hardemon: That's a vote that we will have to take, so I don't call it sneaking it by. I agree with you. I mean, this developer is building the property at his own risk, because if things turn out to be in your favor, then they may have to tear it down. That's a risk that they're willing to take. I mean, they have enough money, enough resources to make it work, that's their decision. It could go into their favor, and if it does, then they wouldn't have lost any time. It could go in your favor, and if they did then they wasted that tremendous amount of money, but that's not a business decision that I'm making. The only thing that we're talking about right now is item PZ 11, the Special Area Plan, the third amendment, removing these properties out. And so with --you've laid the record and foundation for how you feel things should go. I'm sure Mr. Benz will be proud of what you've done for the record and continue to fight for on his behalf. And— but we're now going to move on and continue to the other residents who have their opportunio) to give their time to express their concerns. Commissioner Suarez: Mr. Chair, can I just ask -- Chair Hardemon: You want to ask him a question? Commissioner Suarez: No, no, I don't, not really; I mean, sort of, but not really. I just want to re -ask the Planning director, if you had an objection to the proposed height, is this the proper forum, or was it appealing the exception? Mr. Garcia: There were two opportunities, and one of them was seized, and the other one, I believe, was not. I stand to be corrected by those who are present here. The first opportunio) was when the change took place to Cl, because everyone here was very much aware of the fact that CI allowed additional height that was not available before, step one. And, of course, they seized their opportunity to appeal that, and that is presently being resolved or addressed, number one. Number two, pursuant to that CI zoning designation, an exception was filed for with specific plans attached to it, and those plans, of course, reflect a building that has a height beyond that which was allowed prior to the zoning change. That, too, is an opportunii)� for an appeal to have been filed. That one apparently was not filed. Commissioner Suarez: I just wanted to make sure that there was clario) on that issue, because I think that was one of the main issues, which was the height, and that's not what's before us today, and I just wanted to -- because that's what the residents made as an issue. Chair Hardemon: We're going to continue with the public comment at this time. Robin Porter: Robin Porter, 122 Northeast 43rd Street. I'm here as a resident. This is a really City ofMiami Page 150 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 confusing issue. I'm going to give you a timeline going back to 200312004, when we sat down and negotiated Miami 21, which is the basis for this entire plan. I was deployed after that. The plans passed. It was a step down into historic and other neighborhoods, so that there wasn't an 81 foot building up against a 35 foot building; or, in that case, on that street, many 25 foot buildings. 2012, the SAP came along. We spoke with Dacra. Evetybody was in favor for that. Marc Sarnoff -- I looked up the minutes last summer -- said the entire area on our end is capped at 49 feet. Fast forward to last year. To answer your question, height was never a negotiation with the attorneys for the ICA. It was not even on the table; nor were setbacks. So anything that was valuable to the communio) wasn't even discussed,- not even discussed. Chair Hardemon: I think -- Ms. Porter: They walked away from us. I was at the negotiations. Chair Hardemon: Oh, you mean with -- Ms. Porter: Height. They started off with -- Chair Hardemon: No, the parties. I'm ttying to describe the parties, the two parties. You're saying ICA and the neighborhood. I remember -- Ms. Porter: ICA came through -- Chair Hardemon: -- setbacks being a discussion on the dais. Ms. Porter: Yeah, that was part of it. Height was never permitted to be put on the table; wasn't included in the neighborhood support letter; nothing. So height was never there. The setbacks were also a vett', vett' moot point. As you can see, they've got a six foot -seven-inch fence on our side of the neighborhood, which is the historic district, which is capped at 48 inches for the rest Of us. It's also closed off that green space, so it's not an open public area unless you go in through 41st Street and actually go through the museum. So there's a number of things that are being misrepresented here. June 25, you guys have a City Commission meeting,- and against the PZAB's 10 to I recommendation for denial, the PZAB Department says Pass it, 'despite their own checklist saying, Eley, it doesn't meet the standards. "So I understand I'm running low on time, but there's been back and forth on this, and nobody's listening to the residents. And we're asking to postpone this, strike it off the agenda; whatever it is you need to do. Make it go away until litigation is taken care of, please. Thank you. Chair Hardemon: Thank you, ma'am. Is there any other person that'd like to speak at this time? Seeing no other person, I'm going to close the public hearing at this time. Commissioner. Commissioner Suarez: One quick question, because I think there's something happening here that probably doesn't happen in most cases, which is that it appears to me that the owner of the property is paying for the construction them self without financing. And I think part of the reason why Mr. Savage was saying that, I would say 99 percent of the time, the developer would never go forward when there's a pending lawsuit is because 99 percent of the time, they're financing it, and they would never get a loan. A bank would never lend them the money and take the risk, as the Chair articulated. The bank would never -- now, if somebody else wants to take that risk, that's on them, if you will, you know. So if you're successful in your lawsuit, certainly, you know, they're going to suffer a major loss, that -- Chair Hardemon: Or a loss; 57oss. Commissioner Suarez: Well, yeah. I guess 1hajor7s relative to the -- City ofMiami Page 151 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Chair Hardemon: Yeah. Commissioner Suarez: Right. But it would be certainly be major for me and you. Chair Hardemon: Yeah. Commissioner Suarez: Right? Chair Hardemon: Yeah, true. Commissioner Suarez: So -- and for a bank, too, which is why a bank would never finance it. So I just want to clarify that. Chair Hardemon: Okay. So as I understand there's a motion and there's a second on the floor. Is there any further discussion from the dais on PZ. 11 ? Sure, Vice Chairman. Vice Chair Russell: Yes. I'm listening to the residents. I'm hearing their concerns very much. I'm just not understanding how their concerns are relating to the decision that we have before us today. And if I'm understanding properly that those are as separate as they -- it appears to me to be, then we can move forward on this today. And they have an appeal in process, and that's going to affect the height issues and -- but I'm glad they came today, and I'm glad we heard these concerns, because I've only been here for a few months, and this is good to know. Chair Hardemon: Any other discussion? Seeing none, all in favor, say 5ye. " Todd B. Hannon (Cit) Clerk): Mr. City Attorney. The Ordinance was read by title into the public record by Depuo) City Attorney Barnby Min. Mr. Hannon: Roll call on item PZ 11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.12 ORDINANCE First Reading 11-01196da3 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE "MIAMI DESIGN DISTRICT RETAIL STREET" ("MDDRS") SPECIALAREA PLAN ("SAP") APPLICANT ENTITIES, AS DESCRIBED IN EXHIBIT "A", (COLLECTIVELY "APPLICANTS") AND THE CITY OF MIAMI TO REMOVE THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 STREET FROM THE MDDRS SAP AND TO AMEND THE REGULATING PLAN TO REFLECT THE REMOVAL OF THE PROPERTIES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL, CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE MDDRS SAP AND RELATED DEVELOPMENT AGREEMENT, AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING A DENSITY OF APPROXIMATELY City ofMiami Page 152 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 65 UNITS PER ACRE; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 81 FEET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196da3 04-28-16 CC SR Fact Sheet.pdf 11-01196da3 Legislation (vl).pdf 11-01196da3 04-28-16 CC SR ExhibitA.pdf 11-01196da3 FR & SR Exhibit B.pdf LOCATION: Selected Parcels, Approximately 53 and 61 NE 41 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steve J. Wernick, Esquire, on behalf of Miami Design District Associates, LLC and the entitles listed on Exhibit A, and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to execute an amendment to Amended and Restated Development Agreement. Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Please see item PZ 11 for minutes relating to item PZ 12. Chair Hardemon: Item PZ. 12, is there a motion; any discussion? Is there any -- Commissioner Suarez: Move it for discussion. Chair Hardemon: -- other presentation that needs to be made? Commissioner Suarez: Move it for discussion. Chair Hardemon: Been properly moved. Is there a second? Vice Chair Russell: Second. Chair Hardemon: And seconded by the Vice Chairman. Discussion amongst the board? Commissioner Suarez: Is there anything that the Planning Department wants to add on this issue? Francisco Garcia (Director, Planning & Zoning): There was -- simply to clarify that the subject of item PZ. 12 really is directly linked to PZ. 11, so the Special Area Plan goes with the Development Agreement and Development Order, and the two are inextricable, so it frankly makes no sense. It would be counter -intuitive to have one without the other. The moment the Special Area Plan designation or overlay goes away, the Development Order should therefore go away with it. And once again, to provide all of you assurances that those terms and regulations continued within the Development Order have otherwise been captioned by the exception issue. Chair Hardemon: Any further discussion? Hearing none. City ofMiami Page 153 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 The Ordinance was read by title into the public record by Depuo) City Attorney Barnby Min. Todd B. Hannon (Cit) Clerk): Roll call on item PZ 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.13 RESOLUTION 16-00247cr A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION OF THE DECLARATION OF RESTRICTIVE COVENANTS DATED ON MARCH 9, 2005, AND RECORDED IN OFFICIAL RECORDS BOOK 23151, PAGE 4667, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED ATAPPROXIMATELY 35 NORTHEAST 40TH STREETAND 34-60 NORTHEAST 41ST STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBITA", ATTACHEDAND INCORPORATED. 16-00247cr 05-12-16 CC Fact Sheet.pdf 16-00247cr 05-12-16 CC Staff Analysis.pdf 16-00247cr Supporting Docs.pdf 16-00247cr Legislation (vl).pdf 16-00247cr ExhibitA.pdf 16-00247cr Exhibit B.pdf 16-00247cr Exhibit C.pdf LOCATION: Approximately 35 Northeast 40th Street and 34-60 Northeast 41st Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire on behalf of RS JZ Design 40, LLC and Oak Plaza Associates, LLC FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommendation pending. PURPOSE: This will allow a release of restrictions. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 13 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.14 ORDINANCE First Reading 09-00863lu 1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY City ofMiami Page 154 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 CHANGING THE FUTURE LAND USE DESIGNATION OF .75±ACRES, AS DESCRIBED IN "EXHIBITA", ATTACHEDAND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, ANDA PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. 09-00863lul 04-28-16 CC FR Fact Sheet.pdf 09-00863lul Analysis, Maps & PZAB Reso.pdf 09-00863lul Supporting Docs.pdf 09-00863lul Legislation (v2).pdf 09-00863lul Exhibit.pdf LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 09-00863zc1. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on February 17, 2016, by a vote of 6-1. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential' to "Medium Density Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 14 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.15 ORDINANCE First Reading 09-00863zcl AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY .75±ACRES, AS DESCRIBED IN "EXHIBITA", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM T4 -R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-0, "URBAN CENTER ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. City ofMiami Page 155 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 09-00863zcl 04-28-16 CC FR Fact Sheet.pdf 09-00863zcl Analysis, Maps & PZAB Reso.pdf 09-00863zcl Supporting Docs.pdf 09-00863zcl Legislation (v2).pdf 09-00863zcl Exhibit.pdf LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the proposed zoning change as presented, but recommended approval of the proposed zoning change with the condition that the entire subject area be rezoned to T5 -L. See companion File ID 09-00863lu1. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on February 17, 2016, by a vote of 6-1. PURPOSE: This will change the zoning for a portion of the above properties from 74-R" General Urban Zone - Restricted to "75-0" Urban Center Zone - Open. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 15 was continued to the April 28, 2016 Planning and Zoning Commission Meeting. PZ.16 ORDINANCE First Reading 15-00972zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED ATAPPROXIMATELY 730, 742, 750, 756, 762, 768, 774, 780 AND 786 NORTHWEST 36TH STREET FROM T5 -L, "URBAN CENTER TRANSECT ZONE - LIMITED", TO T6 -8-L, "URBAN CORE TRANSECT ZONE - LIMITED", AND 739, 749, 755, 761 AND 765 NORTHWEST 35TH STREET, MIAMI, FLORIDA FROM T4 -R, "GENERAL URBAN TRANSECT ZONE - RESTRICTED", TO T5 -L, "URBAN CENTER TRANSECT ZONE - LIMITED"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FORAN EFFECTIVE DATE. 15-00972zc 04-28-16 CC SR Fact Sheet.pdf 15-00972zcAnalysis, Maps & PZAB Reso.pdf 15-00972zc Supporting Docs.pdf 15-00972zc Legislation (v2).pdf 15-00972zc Exhibit.pdf LOCATION: Approximately 730, 742, 750, 756, 762, 768, 774, 780, and 786 Northwest 36th Street and 739, 749, 755, 761, and 765 Northwest 35th Street City ofMiami Page 156 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 [Commissioner Wifredo (Willy) Gort - District 1 ] APPLICANT(S): Iris Escarra, Esquire, on behalf of Rebuild Miami Eden Park, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-009721u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on January 20, 2016 by a vote of 9-0. PURPOSE: This will allow a zoning classification of the property located at 730, 742, 750, 756, 762, 768, 774, 780 and 786 Northwest 36th Street and 739, 749, 755, 761 and 765 Northwest 35th Street from T5 -L to T6 -8-L, and T4 -R to T5 -L. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Chair Hardemon: PZ 16. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ 16 is a proposal for the rezoning of parcels at 730, 742, 750, 756, 762, 768, 774, 760 -- I'm sorry -- 786 Northwest 35th Street, and 739, 749, 755, 761, 765 Northwest 35th Street. This is before you on first reading, and this is to change the zoning designation of those parcels fronting 36th Street to the north from T5 -L to T6 -8-L; and those on the south, which are actually fronting on 35th Street from T4 -R to T5 -L. Your staffs recommendation is for denial, given the fact that the irregular condition of the site does leave a few crenulation, which are, as I've mentioned to you before, not an ideal condition that is, I suppose, a minor reservation that can be corrected in the future with additional stakeholder input, however, we believe that the greater concern, which had to do with the proposed improvements for the parcel to the south, for this intended development. I believe there is significant neighborhood consensus behind the proposal, and those issues have been resolved. The Planning, Zoning & Appeals Board has recommended to you approval. And I should note, also, for the record that the applicant has voluntarily removed their application for a change in land use, which would have allowed for additional uses on the properties to the south; those being removed, the uses shall remain essentially a residential -- or compatible with residential in character. With that, I'll yield to the applicant. Commissioner Gort: Thank you. I'd like to give a little history on this. I don't know if you all are familiar with this neighborhood, but this friend of mine from L.A. (Los Angeles) called me about two years ago, and he told me, Somebody was interested in building a hotel in your district. "So I figured it was going to be somewhere close to the airport. When I met with the gentleman, he told me, Tve already had to have a disclosure "-- would you read it for me, please? While he's looking for it, when he gave me the address, he says, Tin going to build a Quinta Inn in Northwest 36th Street and 7th Avenue. "I asked him, Are you sure this is the area where you want to be? "Because we been working with the Planning Department quite a bit, because 36th Street at one time used to be one of the main street in the Cit) of Miami; matter of fact, between 12th Avenue and 27th Avenue, we used to have all kinds of stores, major stores that were placed there. Once they created the -- they built the 112, the whole 36th Street came down. Finally, it's beginning to comeback. This is a project that I think would be very helpful to that whole communio) and that whole area that we want to improve. So I'll make a motion to approve, and let them make a presentation. Commissioner Carollo: Second. City ofMiami Page 157 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Vice Chair Russell: Been moved by Commissioner Gort; second by Commissioner Carollo. Barnaby Min (Depuo) City Attorne)): Mr. Chair, on behalf of Commissioner Gort, may I read his Jennings disclosure? Commissioner Gort: Please. Vice Chair Russell: Yes, thank you. Mr. Min: For PZ 16, Commissioner Gort met with Iris Escarra and Luis Rosas on March 21, 2016 They discussed the project, and specifically, the landscaping and parking. These discussions did not predispose the Commissioner to any decision on this item, and his decision is solely based on the written record and testimony presented at the public hearing today. This complies with the Florida Statute requirements, as well as Miami 21 requirements concerning Jennings disclosure. Commissioner Gort: Thank you. Vice Chair Russell: Thank you. Iris Escarra: Thank you, Commissioners. Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm joined today by Richard Meruelo, Steven Meruelo; and Luis Rosas, our architect with regards to this project. We are rezoning this propero) in order to bring in a La Quinta Inn, which is a hotel that will be facing Northwest 36th Street, with parking in the rear. Initially, when we started the parking in the rear, there was a little bit of confusion as to what we needed in order to comply or to be able to have the surface parking. Ultimately, it was determined that it was only a T4 -L, which is perfectly fine with us, because that's what we'll be doing in the rear, but what -- an interesting thing, like Commissioner Gort was saying, with regards to 36th Street, in analyzing 36th Street, interestingly enough, this is the third hotel that I've been working on all the way from the bay to the airport. So there's one -- a new one coming up in North Miami Avenue; this one coming up on 7th Avenue; and a new one coming up on 72nd Avenue. So I started thinking, Why are all the clients looking for hotels on 36th Street? "It's because it's the connection to the airport, it's where everybody used to come through and connect. And I didn't really know about the 112 history in Northwest 36th Street, so that was -- they all kind of finally come together when you see the importance of 36th Street, which is such a major corridor, and it has heights as high as 48 stories over in a district over by the bay; then it goes down to five, only in two portions; and then it goes up to 12 stories over here, and 20 stories over here. So it has varying heights, but it's a major corridor for the City that connects to the Count) and to the airport. This --that is the majority of a block. The letter of support that I've given you is this neighbor right here in the corner, who supports our rezoning. We're rezoning the northern portion from T5 to 176-8, and the rear portion from T4 -R to T4 -L in order to allow the surface parking lot. We proffered a covenant to the City with regards to a landscape buffer that's being required wherever we abut a residential property. And with that said I'll open it up for any questions or discussions you all may have. The Planning and Zoning Board recommended unanimously for this. Commissioner Gort: Let me tell you what happens when you make an improvement in any one neighborhood. And the reason people want to be on 36th Street, it's a direct connection to the Design District and to the Wynwood area, which is going to happen with Overtown also. So that improvement that are taking place in that district is helping to improve the district next door to them. Vice Chair Russell: Any questions that -- can we open the floor for public hearing? Has anyone come to speak on this item? Hearing none, seeing none, we'll close it. Any discussion from the dais? Well, we are going to get done early today. City ofMiami Page 158 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 Commissioner Gort: Yep. Let's do it. Vice Chair Russell: All right. The Ordinance was read by title into the public record by Depuo) City Attorney Barnby Min. Todd B. Hannon (Cit) Clerk): Roll call on item PZ 16. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Ms. Escarra: Thank you, everyone. Have a great evening. Commissioner Suarez: Good luck Chair Hardemon: Thank you very much. This meeting comes to an end Commissioner Suarez: Good luck, guys. Chair Hardemon: We adjourn at 7:26. Commissioner Gort: What time does the game start? Chair Hardemon: That's it, right? Commissioner Gort: Yeah. Vice Chair Russell: Thank you all, everyone. Thank you very much. PZ.17 ORDINANCE 15-00924zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOTAREAAND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00924zt 03-24-16 CC SR Fact Sheet.pdf 15-00924ztAnalysis, Maps & PZAB Reso.pdf 15-00924zt Legislation (v2).pdf 15-00924zt Exhibit.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 September 2, 2015, by a vote of 7-1. PURPOSE: This will modify minimum and maximum lot area and widths in City ofMiami Page 159 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 order to encourage appropriate development based on density and intensity regulations. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ 17 was deferred to the May 26, 2016 Planning and Zoning Commission Meeting. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) NA.1 DISCUSSION ITEM City ofMiami Page 160 Printed on 51312016 City Commission Meeting Minutes March 24, 2016 16-00483 ADJOURNMENT CITY MANAGER DANIEL J. ALFONSO INTRODUCED SANDRA HARRIS AS THE CITY OF MIAMI'S NEWLY APPOINTED CHIEF TRANSPORTATION MANAGER. DISCUSSED Chair Hardemon: BUI -- BU.1. Daniel J. Alfonso (Cit) Manager): Mr. Chairman, may I? Before we start the budget discussion, I have a new hire that we want to bring up for a second. We hired Sandra Harris, who's a young lady with 25 plus years of experience in transportation. And, you know, we lost some folks in the transportation area in the Cit), so we've hired Ms. Harris to help its with the issues of trolleys, and trolley routes, and et cetera, et cetera And she's worked in Washington, and Miami -Dade Transit, and I'll let her speak a little bit about herself. If you have any questions about her experience, we're very happy to have her. Sandra Harris: Thank you. Again, I'm Sandra Harris, the new Transportation manager here at the City of Miami. Thanks for having me. I have 25 years of transportation experience, like he said I worked as a operation manager at Miami -Dade Transit; and also, I did three years at Lamada, in Washington, D.C. (District of Columbia). I'm excited to be here, and thank you for having me. I look forward to working with you, and the Cit), and our residents. Thank you. Chair Hardemon: Thank you so very much. Commissioner Gort: Welcome to Miami. Ms. Harris: If there's any questions -- I walked away -- any questions? Chair Hardemon: Bienvenidos a Miami. " Ms. Harris: Thank you. The meeting adjourned at 7:27p. m. City ofMiami Page 161 Printed on 51312016