HomeMy WebLinkAboutCC 2017-10-26 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, October 26, 2017
9:00 AM
Planning and Zoning
City Hall
City Commission
Tomas Regalado, Mayor
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner, District One
Frank Caroiio, 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 October 26, 2017
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Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner
Carollo and Commissioner Suarez
On the 26 day of October, 2017, the City Commission of the City of Miami, Florida,
met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami,
Florida, in regular session. The Commission Meeting was called to order by Chair
Hardemon at 9:20 a.m., recessed at 12:52 p.m., reconvened at 3:15 p.m., and
adjourned at 6:59 p.m.
Note for the Record. Vice Chair Russell entered the Commission chambers at 9:20
a.m., Commissioner Gort entered the Commission chambers at 9:22 a.m.,
Commissioner Suarez entered the Commission chambers at 9:27 a.m., and
Commissioner Carollo entered the Commission chambers at 10:07 a.m.
ALSO PRESENT.
Alberto Parjus, Assistant City Manager
Victoria Mendez, City Attorney
Todd R Hannon, City Clerk
Chair Hardemon: Welcome to the October 26, 2017 meeting of the City of Miami City
Commission in these historic chambers. The members of the City Commission are
Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and me,
Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our City
Manager and Todd Hannon, our City Clerk. The meeting will be opened with a prayer,
and the pledge of allegiance will be led by our Vice Chairman. All rise.
Invocation and pledge of allegiance delivered.
PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
PRA PROTOCOL ITEM
3133
Honoree
Presenter
Protocol Item
Harmony Korine
Mayor Regalado
Proclamation
State Rep Jose Felix Diaz
Commissioner Suarez
Proclamation
High Top & the Vazquez Family
Commissioner Gort
Proclamation
44 Back to School Event
Mayor Regalado
Certificate of Appreciation
City of Miami Purple Heart City
Mayor Regalado
Proclamation
Uruguayan -American Chamber of
Commerce
Mayor Regalado
Proclamation
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City Commission Meeting Minutes October 26, 2017
Sergeant -at -Arms Ernst Arney
Mayor Regalado
Salute
Miguel Germain
Mayor Regalado
Proclamation
Commissioner Carollo
Commissioners
Proclamation
Commissioner Suarez
Commissioners
Proclamation
Mayor Tomas P. Regalado
Commissioners
Proclamation
RESULT: PRESENTED
1) Mayor Regalado and Commissioners presented a proclamation to Harmony Korine.
Mr. Korine is a distinguished American film director, producer, screenwriter, and
actor with an eminent and vast list of credits in the film industry promoting the City
of Miami as an ideal site for filmmaking and is in fact an international voice
advancing the film industry in the Magic City. Harmony Korine is best known for
writing Kids, and for writing and directing Spring Breakers, Gummo, Julien Donkey -
Boy, and Mister Lonely. His film, Trash Humpers premiered at the Toronto
International Film Festival and won the main prize and the film, Gummo, won top
prizes at the 1997 Venice Film Festival. Korine's relative youth and notable
accomplishments to -date both herald a brilliant and prolific future in the film
industry. Elected Officials pause in their deliberations of governance to pay tribute
and celebrate the many accomplishments of Harmony Korine's exceptional talents
as a filmmaker and his devotion to the City of Miami, and proclaimed him Film
Ambassador of the City ofMiami on October 26, 2017.
2) Mayor Regalado and Commissioner Suarez paused in their deliberations of
governance to commend Jose Felix Diaz, Florida State Representative for District
116 between the years 2010 and 2017. State Representative Diaz has dedicated
much of his career to serving the community, and has been a faithful and devoted
advocate for Miami and its residents. During his tenure at the Florida State House,
Diaz served as Chairman of the Regulatory Affairs Committee and was a member of
the Appropriations Committee, the Government Operations Appropriations
Subcommittee, the K-12 Subcommittee, and the Local Government Affairs
Subcommittee. Mr. Diaz was appointed by the Speaker of the Florida House to the
Southern States Energy Board, the National Conference of State Legislators, and the
Public Service Commission Nominating Council. Mr. Diaz is a government law
attorney at Akerman LLP and represents clients in complex matters involving
zoning, land use, litigation, code compliance enforcement, procurement, energy
project development, and comprehensive planning. Mr. Diaz has been honored by
both Miami -Dade County and the City of Miami for his national and local
involvements, has been recognized by numerous state and national publications as a
rising star in law and politics. Elected Officials paused in their deliberations of
governance to pay tribute and thanked him by proclaiming October 26, 2017 as
`Jose Felix Diaz Day" in the City ofMiami.
3) Mayor Regalado and Commissioner Gort presented a proclamation to High Top
Products and The Vazquez Family. High Top Products Corporation will be ending
its many years of service to the community and closing its operations within the next
few weeks after more than fifty (50) years of successful activity from their location in
Allapattah. High Top Products are highly regarded for their unmatched customer
service, high quality products and an ongoing effort to create and master the most
delicious and freshest products. High Top Products have been famously owned by
the Vazquez family since Mariano Vazquez, a native of Havana, Cuba, founded the
corporation in 1964 in a small building on the corner of N. W. 10' Avenue and 23'a
Street. Elected Officials wished the family luck in their future endeavors and paid
tribute by proclaiming October 26, 2017 as "High Top Products and Vazquez
Family Day. "
4) Mayor Regalado and Commissioners paused in their deliberations of governance to
commended and thank the 44 participants who dedicated their efforts to the Mayor's
Back to School Event which was held on July, 28, 2017. The work of multiple
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City Commission Meeting Minutes October 26, 2017
organizations and volunteers enriches the City of Miami and elevate the spirit of
civic engagement and generosity in working to improve the quality of life in the
community.
S) Mayor Regalado and Commissioners paused in their deliberations of governance to
honor the Military Order of the Purple Heart and proudly support recognition of
Miami as a Purple Heart City in the State of Florida. The Purple Heart is the oldest
declaration in present use and was initially created as the Badge of Military Merit
by George Washington in 1782 and was the first American service award or
decoration made available to the common soldier and is specifically awarded to any
member of the United States Armed Services wounded or killed in combat with a
declared enemy of the United States. The Mission of the Military Order of the Purple
Heart, chartered by an act of Congress, is to foster an environment of good will
among combat -wounded veterans and their families, promote patriotism, support
legislative initiatives and, most importantly, make sure the country never forgets the
sacrifices made by our wounded and deceased service men and women. Elected
Officials paused in their deliberations of governance to support those who have
served their nation in the armed forces and have been wounded in the line of duty.
6) Mayor Regalado and Commissioners paid tribute and honored the Uruguayan
American Chamber of Commerce for its invaluable economic and cultural
contributions to the community. The Uruguayan American Chamber of Commerce
(U4 COC) in Florida is a private, nonprofit organization founded by professionals
and businessmen in 1996 and for over twenty (20) years has pursued its main
objective of promoting commercial and personal relations amongst its members
within the United States and between Uruguay and the U.S. The UACOC supports
Uruguayan companies who wish to engage in commercial activity in the U.S. and
vice versa, facilitates the development of trade between Uruguayan and American
companies, and provides high-quality services to its members through business
orientation, networking opportunities, education, training activities, and employment
services; and their mission is to foster the growth of existing business relations and
partnerships and to promote new ones between Uruguay and the United States
Elected Officials paused in their deliberations and commended their contributions to
the City of Maim and proclaimed October 26, 2017 as "Uruguayan American
Chamber of Commerce Day" in the City ofMiami.
7) Mayor Regalado and Commissioners saluted and paid tribute to City of Miami
Police Sergeant -at -Arms, Ernst Arney, for his twenty-eight (28) years of excellent
work performance, se fess dedication, and high level of professionalism in the City
of Miami Police Department. Mr. Arney fulfilled his responsibilities competently and
effectively, and his noble devotion to duty has been a credit to the community. His
beginning date with the City of Miami Police Department was April 17, 1989 and his
last day of service was September 25 of this year. Elected Officials paused in their
deliberations to express their best wishes for his future and publicly thanked him for
your commitment to public service.
8) Mayor Regalado and Commissioners saluted Miguel Germain and wished him
Happy 98th Birthday and paid respects to his professional accomplishments,
community engagement and venerable longevity. Local officials, in honor of his
tenure as Consul General of the Republic of Haiti in Havana, Cuba, from 1944 to
1962, recognized his community outreach in the City of Miami, especially among our
Haitian citizens and residents and his pro-bono work with the City of Miami Solid
Waste Department. Elected Officials celebrated Mr. Germain as an esteemed citizen
of the City.
9) Mayor Regalado and Commissioners paid tribute to Commissioner Frank Carollo
who has served the public interest honorably, responsibly, and competently as
District Three (3) Commissioner since the year 2009. Commissioner Carollo was
born of Cuban parents and raised in Miami, and was a Miami -Dade Police Officer
before studying to become an accountant at Barry University and later at St. Thomas
University. During his two terms in Office, Commissioner Carollo has drawn on his
invaluable experience as a CPA, raud investigator, SWAT team member, and
Miami -Dade policeman in addition to serving as Chairman of the Bayfront Park
Management Trust since December 11, 2009. Commissioner Carollo has been a
staunch supporter of low-income housing and has been active in legislative
initiatives. On September 8, 2016, Commissioner Carollo's resolution to update the
Storm Water Management Master Plan was enacted by the City Commission, and on
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June 22 of this year the State of Florida presented the City ofMiami with a check for
$1,125,000 for the Storm Water Master Plan. Elected Officialsaused in their
deliberations of governance to recognize Commissioner Frank Capprollo's fruitiul
work and contributions to the community, as his second four yoffice
term in oce
comes to a close proclaimed October 26, 2017 as Commissioner "Frank Carollo
Day" in the City ofMiami.
10) Mayor Regalado and Commissioners paid tribute to Commissioner Francis X.
Suarez who has served the City ofMiami honorably, responsibly, and competently as
Commissioner for District Four (4) for the past eight (8) years, working diligently to
raise the living standards of the community where he was born and raised.
Commissioner Suarez has also served as Vice -Chair of the Miami -Dade
Transportation Planning Organization, tasked with approving federally required
plans and transportation policies, and as the former President of the Miami -Dade
Con nly League of Cities. Commissioner Suarez is dedicated to elevating the quality
of liof the residents he serves by way of focusing on transportation and
connectivity issues within the City of Miami and beyond, nurturing the growth of a
tech -based economy in the area and, by extension, fob creation and international
opportunities within Latin America. His priorities also included affordable housing,
tackling the poverty pandemic and crime reduction. The Miami City Commission
passed two ordinances presented by Commissioner Suarez wherebythe City's
Financial Integrity Ordinance was strengthened and reformed and SotSpotter, a
network of sensors and GPS signals, which are activated when they hear noises and
relay the impulses to the police, were installed on strategic rooftops throughout the
City. Commissioner Suarez' resolution authorizing lawsuits against three major
national banks alleging discrimination against minorities resulted in a U.S. Supreme
Court ruling in favor of the City ofMiami. Commissioner Suarez initiated legislation
ensuring that every $0.20 of every unrestricted dollar the City ofMiami receives on
one-time payments over $500,000 would go into a trust to serve as matching funds
for projects such as Miami's portion of Baylink, the Metromover expansion to
Marlins Park, and the Brickell Tunnel. Elected Officials paused in their
deliberations of governance to recognize Commissioner Francis Suarez' fruitful
work and contributions to the community and proclaimed October 26, 2017 as
"Commissioner Francis Suarez Day" in the City ofMiami.
11) Commissioners of the City Miami recognized Mayor Tomas P. Regalado and paid
tribute to his work. Tomas P. Regalado has served the people of the City of Miami
honorably, responsibly, compassionately, and competently as Commissioner of
District Four (4) for eight (8) years and as Mayor for the last eight (8) years. A
longtime servant to multi -generational residents in the City of Miami, Mayor
Regalado has embodied selfless dedication, resolve, and an authentic commitment to
public service, always ready to acknowledge the multiple needs of the young, the
elderly, the downtrodden, the less fortunate, and the most frail among the community
and is deeply committed to the ever-present cause of a free and democratic Cuba,
the land of his birth. Mayor Regalado has never wavered in his su port and
advancement of all interests and individuals who seek the greater good 7r the City
of Miami and has given a voice and a solid platform to those who joined in the tough
fight to make sure the City of Miami remained strong and resilient during trying
economic times. He leaves a mark with dignity and grace, in support of those
visionaries who believe the best is yet to come. His legacy will be defined by his
unassuming "we can do this" style and his unrelenting hard work as a champion of
every man, woman, and child, regardless of their station in life. Mayor Regalado
will be remembered as a determined leader who was not afraid to take unpopular
stands when his conscience dictated it and to roll up his sleeves and worked
tirelessly for the protection and enhancement of the City ofMiami and all who call it
home. Elected officials paused in their deliberations to honor and salute Mayor
Tomas P. Regalado's eight years of eminent leadership as Mayor and his
unparalleled legacy to the City of Miami, as his second four year term comes to a
close proclaimed October 26, 2017 as `1ldayor Tomas P. Regalado Day" in the City
of Miami.
Chair Hardemon: We will now make our presentations and proclamations.
Presentations and proclamations made.
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ORDER OF THE DAY
Chair Hardemon: So we'll begin our regular meeting. The City Attorney will state
the procedures to be followed during this meeting.
Barnaby Min (Deputy City Attorney): Thank you, Mr. 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 City Commission, must register with the City Clerk and
comply with related City requirements for lobbyists before appearing before the City
Commission. A person may not lobby a City official, board member, or staff member
until registering. A copy of the Code section about lobbyists is available in the City
Clerk's Office or online on www.municode.com. Any person making a presentation,
formal request, or petition to the City Commission concerning real property must
make the disclosures required by the City Code in writing. A copy of this Code
section is available in the City Clerk's Office or online at www.municode.com. The
material for each item on the agenda is available during business hours at the City
Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be
heard by the City Commission through the Chair for not more than two minutes on
any proposition before the City Commission, unless modified by the Chair. If the
proposition is being continued or rescheduled, the opportunity to be heard may be at
such later date before the City Commission takes action on such proposition. The
Chairman will advise the public when the public may have the opportunity to
address the City Commission during the public comment period. When addressing
the City Commission, the member of the public must first state his or her name, his
or her address, and what item will be spoken about. A copy of the agenda items will
be available at the City Clerk's Office and at the podium for ease of reference.
Anyone wishing to appeal any decision by the City Commission for any matter
considered at this meeting may need a verbatim record of the item. A video of this
meeting may be requested at the Office of Communications or viewed online at
www.miamigov.com. No cell phones or other noise -making devices are permitted in
the Commission chambers; please silence those devices now. No clapping,
applauding, heckling, or verbal outburst in support or opposition to a speaker or his
or her remarks shall be permitted. Any person making offensive remarks or who
becomes unruly in the Commission chambers will be barred from further attending
Commission meetings and may be subject to arrest. No signs or placards shall be
allowed in the Commission chambers. Any person with a disability requiring
assistance, auxiliary aids and services for this meeting may notify the City Clerk.
The lunch recess will begin at conclusion of the deliberation of the agenda items
being considered at noon. The meeting will either end at the conclusion of the
deliberation of the agenda item being considered at 10 p.m. or at the conclusion of
the regularly scheduled agenda, whichever occurs first. Please note, Commissioners
have generally been briefed by the City staff and City Attorney on items on the
agenda today. At this time, the Administration will announce which items, if any, are
being either withdrawn, deferred, or substituted. Thank you, Mr. Chairman.
Chair Hardemon: Thank you very much. Before you make your announcement --
Sometimes we move so fast that it's difficult to communicate what you want; instead,
you just have to go and take care of it, so I apologize. But if you can, move forward.
Alberto Parjus (Assistant City Manager): Good morning, Commissioners and Mr.
Chairman. PH.4 will be deferred to November 16; PH.5 will be indefinitely
deferred. SR.5 and PZ.1 are companion items related to the DRI (Development of
Regional Impact) coefficients. FR.1 and PZ.6 are companion items related to the
Alcohol Ordinance. There are two attorney-client sessions scheduled for 3 p.m.:
Flagstone and Village of Key Biscayne. I want to mention that for the next meeting
on November 16, we already have 67 regular items scheduled, and 22 PZ (Planning
& Zoning) items already scheduled.
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Chair Hardemon: Can you repeat those again, please?
Mr. Parjus: For the next meeting?
Chair Hardemon: The entire thing; the entire -- what your ask is.
Mr. Parjus: Okay. PH.4, deferred for November 16; PH.S is indefinitely deferred.
SR.5 and PZ.1 are companion items related to the DRI coefficients.
Vice Chair Russell: But are not being deferred?
Mr. Parjus: They are not being deferred; just notes. FR.1 and PZ.6 are companion
items related to the Alcohol Ordinance. There are two attorney-client sessions
scheduled for 3 p.m.: Flagstone and the Village of Key Biscayne. Just want to
mention also, that the November 16 regular agenda already contains 67 items,
regular items; and the PZ agenda for November 16 already put 22 PZ items.
Chair Hardemon: So the two items you're asking to be deferred, PZ.4, PZ.5?
Mr. Parjus: PZ.4 and -- PH.4 --
Chair Hardemon: I'm sorry; PH.4 and PH. S.
Mr. Parjus: -- and PH. 5; that's correct.
Chair Hardemon: Are there any other items that any Commissioners want to defer?
Commissioner Carollo: Mr. Chair?
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I just want to notes that I'm not going to be here on November
the 16, unfortunately, so I'm going to go through the draft agenda and there's certain
items that I would -- at this -- I think it's very important and I ask them to be pulled,
okay?
Chair Hardemon: Okay. Any other Commissioners?
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: I don't need a deferral. I would like to table them, but the
way the meeting is running, I got a feeling it's going to run into the afternoon,
anyway, so I'll -- you know, I'll leave it as is. But should we become extremely
efficient -- but it depends how many people will come up and speak -- I may ask to
table some of these items till after lunch, okay?
Chair Hardemon: Okay.
Vice Chair Russell: Mr. Chairman, these are PZ items, so just out of courtesy -- I
know we're not voting on them, but I'd like to let anyone watching or waiting in the
audience know I do intend to defer items PZ.2 and 3, which is the Day Avenue. We
are working to utilize the Attainable Housing Ordinance in its first iteration here,
and we're running into a couple hiccups that may need some help from the Planning
& Zoning Department. And then PZ.7 is the Coconut Grove Playhouse appeal,
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which I'll be asking for a deferral on this afternoon, as well. We have some town
hall meetings coming up on this issue. The public wants a bigger forum before we
take it up as an appeal, and I also feel the bond issue may be -- whether it passes or
not may make a difference on our ability to assist in help funding the renovation of
the playhouse, so that may weigh. So that's all I've got, but nothing for this agenda.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I'd like to defer SR. 4.
Vice Chair Russell: SR.4.
Chair Hardemon: SR.4.
Todd B. Hannon (City Clerk): Chair, are we continuing it to November 16 or to
December?
Commissioner Gort: SR.4, December.
Mr. Hannon: December 14; yes, sir.
Vice Chair Russell: Temporary use permit.
Chair Hardemon: And Commissioner Gort, has anyone come to see you about that?
No? Okay.
Victoria Mendez (City Attorney): The Planning Department was trying to reach
some sort of consensus with that item, but I don't think it's been achieved yet with
regard to the TUPs (temporary use permits).
Vice Chair Russell: There seemed to be some urgency, though now, I thought.
Chair Hardemon: Right. I think at the last meeting, we discussed the urgency, and
there should be a mechanism to assist in the urgency. So now, it's just about trying
to find a solution that works for the Commissioner's district.
Commissioner Gort: Right.
Chair Hardemon: So I think it's important that we find that solution. Commissioner
Gort.
Commissioner Gort: I understand we took care of the urgency by creating some --
Sometimes, where the benefits won, sad to say, might not benefit the rest of the City.
Chair Hardemon: Right.
Commissioner Gort: And these are the things we have to look at, where we make
something that benefits the whole City.
Chair Hardemon: Right.
Commissioner Gort: Thank you.
Chair Hardemon: You know, may I ask a question? Can TUPs be denied?
Commissioner Gort: Which one?
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Chair Hardemon: And if they can be denied, what type of discretion do people have
-- or does the department have in denial of a TUP? Go ahead, go ahead.
Devin Cejas: Devin Cejas, Zoning Administrator. TUPs have an interesting level of
discretion which lies on my office and the Zoning Administrator for compliance, for
certain levels of understanding of how it affects the area. They are -- there is some
open-endedness to it, which we are attempting to close with this amendment that'll
kind of allow for stronger enforcement. And if an applicant -- when that applicant
returns for an extension, as the Code allows for, it sort of measures having been
enforced. Or if there's issues with that application, they can be denied that
application.
Chair Hardemon: All right. So -- and I said this to say -- and the reason -- well, I
said this just to say that a temporary use permit, if there is discretion, there should
be some mechanism in which, if you are adjacent property owners, you have the
ability to say, "We don't want that next to us. We don't agree with the use. We don't
agree with this, " because it's a temporary use permit. So whatever the
Administration -- maybe that's a way that, you know, could have a conversation that
will lead to something that is acceptable to the district Commissioner.
Ms. Mendez: So what we're going to do -- and I think that we're discussing that with
Planning right now -- is that we will try to -- because your district has certain
special things that really don't happen anywhere else in the City, we're going to try
and bring back for November 16 something that addresses --
Chair Hardemon: Not the 16th, because --
Commissioner Gort: I'm not going to be here.
Chair Hardemon: -- he won't be here.
Ms. Mendez: Right. I understand, but I believe that, like Commissioner Gort just
said, that there are certain things that are inherent to District 5 that are not
necessarily great citywide. So if we're able to bring something that addresses the
District 5 concerns, we'll try and bring that for November 16, just addressing that --
not citywide -- but we'll be in coordination.
Chair Hardemon: Be sure to talk to me about it, as well. Commissioner Gort.
Commissioner Gort: You can always create a special district, but I know where
she's coming from. What's inside to protect the residents? Like, at one time, we
were talking about the -- you know -- the new thing now is all the -- this cart
restaurant and -- what do you call them?
Unidentified Speaker: Food trucks.
Commissioner Gort: -- the food trucks. At one time, I tried to pass an ordinance;
they shouldn't be close to an existing restaurant who's paying rent, who's paying
insurance, who's paying employees, and it's not fair for the mar --for the people that
have been therefor quite a bit.
Chair Hardemon: Okay. So right now, we have -- and what I'll do is this: I want to
add some items to the continuance list. PH.], two-month deferral; SR.] to the
December meeting. And two other items that I want some more time to kind of like
talk through -- I don't know if we want to do this now; we could do it later. But I
certainly want to talk about PH3 and SR.6. I know SR.6, I'm waiting on some
information, because a lot of the backup that was provided to me for the --for SR. 6,
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especially -- they had some old ordinance -- I'm sorry -- old 1990 Attorney General
Opinions. And so, I was told that there was more current information, maybe some
case law and things like that, so I'm just letting you know now, if there is, there's
some things I want to digest regarding SR.2. But -- and also, in PH.3, just some
conversation about PH.3, which is regarding the program income for CDBG
(Community Development Block Grant). So at this junction, though, where we are at
11:38, what I'd just ask is for my motion -- well, not my motion -- but for the motion
for continuance to include PH.4, PH.S, SR.4, PH.], and SR.], as stated on the
record. And then, when we get -- come back, I'm sure we'll talk about P113 and
SR. 6, I think.
Mr. Hannon: And Chair, my apologies. I just want to make sure with PH.], we're
deferring that to December 14.
Chair Hardemon: Is that two months?
Mr. Hannon: That would be the second month.
Chair Hardemon: Okay.
Ms. Mendez: Can -- Chairman, could you read those again? I'm sorry.
Chair Hardemon: Sure. You have PH.4, to 11/16; PH.S was an indefinite deferral;
SR.4 was to the December meeting; PH.1 was -- will be -- I don't think that's two
months, but PH.1 --
Mr. Hannon: We can do January --
Chair Hardemon: -- continued to January, okay. And SR (Second Reading) --
Mr. Hannon: We'll make that January 11.
Chair Hardemon: -- and SR.1, not this next meeting, because I don't think it's
enough time to kind of talk to us, so it'll be the meeting after that, which will be
December --
Mr. Hannon: December 14; yes, sir.
Chair Hardemon: Right. Mr. Mayor.
Mayor Tomds Regalado: Just to make sure, you're deferring the Booting Ordinance;
is that correct, the second reading?
Chair Hardemon: Yes.
Mayor Regalado: Okay. Just to remind you that the Administration needs some kind
of direction, because for what we learned, another company has bought Premier,
who was the company that is being investigated by the State Attorney. The new
company is from Georgia; that I don't know if they have a BTR (Business Tax
Receipt) from the City, but they are operating in the City of Miami. So in the case of
this industry, now it's the -- kind of the Wild, Wild West, because companies are
buying other companies. They are using the same -- and we keep getting complaints
-- especially from the Grove, especially from Little Havana -- that the pattern is the
same; they demand cash. So I think that you need to get some kind of direction -- I
don't know. There is no law to control those companies, but the complaints keep
coming. And it seems that there are three new companies from Georgia who are
operating now in the City; it's just for your information. So whatever you do in the
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future, I think it's important that -- I don't know if now you can send some kind of
direction so the consumers will be protected, because the longer you defer this, more
consumers are going to be affected, because of the out -of -control company. Thank
you.
Chair Hardemon: Okay. Thank you, Mr. Mayor. So is there a motion in
accordance?
Vice Chair Russell: I'll move it.
Chair Hardemon: It's been properly moved by the Vice Chairman; seconded by the
Chair.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: The only thing with SR.], there is an -- additional
amendments that I want to place on there with regards to where persons can
complain to and so forth, and making sure phone numbers are written there in
citation. If we move it to December meeting, I will not be here for those amendment
and so forth, so -- that's according to my calculations, once again. Therefore --
Vice Chair Russell: One recommendation: We could hear the item, discuss it,
because I have some changes I'd like to proffer, as well, and it'd be great if they're
on the record before we get back to taking up second reading, instead of for the first
time when we finally take it up, because they may be significant changes that the
Administration and my fellow Commissioners and future Commissioners can digest.
But I understand Commissioner Carollo's wish to get his amendments on the record,
which wouldn't happen unless we at least discuss the item. But my intention was
probably to defer the item, as well today, but I'm open to hearing it, to discuss it
before doing so.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I agree we should go ahead and hear it, and then make the
decision afterwards. If we don't -- We don't have to take a decision for it, but at least
make the amendments that would need to be made. At the same time, I'd like to ask
for the Administration to give some information, what kind of rules and regulations
we have in existence right now to make sure they are compliant with it. Fantastic.
Chair Hardemon: So I understand it's important to have things put on the record. I
always try to do things most efficiently, which is why I was asking for the
continuance; as well as, I know that we can also supplant the record with our
recommendations. It's never the same as actually verbalizing it and put forth your
argument. So -- but if it's the body's will to do that, then that's what we do. So then
the mover and the seconder would agree that you would take away SR.1 from the
motion; therefore, leaving us the ability to discuss it, and go from there. So any
other unreadiness about the motion that's on the floor?
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Suarez: No, we can vote on that.
Chair Hardemon: Great.
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Commissioner Suarez: I'm fine with it. I just want you to know that I'm not going to
be here from about 2 to 3:15. Please don't cancel the meeting.
Chair Hardemon: To get -- I mean, if it takes an hour to get quorum, then --
Commissioner Suarez: Well, I'm just telling you I'm not going to be here from 2 to
3:15, so --
Commissioner Gort: I'll be here.
Chair Hardemon: So all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S)
Chair Hardemon: Okay, so it's 11:51. It's absolutely -- Well, if you are a member of
the public and you want to speak on an item that's here in the morning, I want you to
raise your hand.
Commissioner Suarez: Let's do it.
Chair Hardemon: And some of you are quasi public, but --
Commissioner Gort: Let's listen to them.
Vice Chair Russell: Yeah.
Chair Hardemon: Okay. So this is what we'll do; this is what we'll do: I want to
take the time that we have now and I'm going to open the floor for public comment
for the morning agenda, which means that -- non -PZ (Planning & Zoning) items. So
if you're here for a non -PZ item, the morning agenda, I'm going to open the floor for
you to speak. You'll have two minutes to address this body. State your name, first
and last; you may state you address, and what item you're here to speak about.
Once we've completed with our public comment, we're going to go and break for
lunch, and then come back to handle the rest of the agenda. Mr. Mayor, you're
recognized.
Mayor Tomds Regalado: Thank you, Mr. Chairman. I was -- I did request some
personal appearance for a resident, long-time resident of Shenandoah. She wanted
to address the issue of the trees, but they were told by the agenda that it was full, and
they'd have to come to the public comment, so I told them she's here. There's also a
group of residents here, Commissioner Gort, of Barcelona. They had a meeting
yesterday here at the chamber, and they have a very urgent situation that they
wanted to convey to you about the situation of the building that is located on
Northwest 7th Street and 22nd Avenue. So thank you, Mr. Chairman.
Chair Hardemon: Thank you.
Ruth McKinsey: Good morning.
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Chair Hardemon: Before everyone begins, I generally allow people to go a little
over and -- you know. I'm not going to do that this time, because I know we're short
on time, okay? And I want to get everyone an opportunity to have a chance to speak,
so I just want you to be aware of that now; that, you know, once your two minutes
comes to an end, I won't end it abruptly. I usually -- will still give you some spillover
time to speak, but I will bring you to a conclusion, okay? You're recognized, ma'am.
Ms. McKinsey: Thank you, sir. I believe I'm right at two minutes. My name is Ruth
Ann McKinsey. I'm a lifelong resident. I'm a registered nurse by profession. I felt
compelled to appear today, because of the massive debris and tree uprootings, so I
hope you will enjoy my presentation. I would like to begin by thanking the Mayor
and all of the Commissioners for their grace under pressure, and guidance and
support as we recover from Hurricane Irma. I'm here today to discuss trees. Many
were damaged and uprooted by Irma. Many of the trees were overly large and had
outgrown their housing or root space; be it a sidewalk, front yard, public Swale or
curb, and power or other utility line right-of-way. How did this happen? Private
homeowner neglect, power and utility company rules and regulations. FPL (Florida
Power & Light) is only obligated to trim within four feet of transformer or powerline
clearance in City of Miami tree removal permitting process. First of all, size truly
matters, and we have many oversized trees on private property, and on swales and
public right-of-way. Waiting for a hurricane to do the pruning is both idiocy and
dangerous; as we tabulate the time and effort, very expensive, as Public Works,
Department of Waste and private contractors continue removing debris. I
personally tried to obtain a permit to remove a tree that was undermining and
damaging a wooden fence, but decided against pursuing it, as it was ludicrous, to
put it mildly. It had nothing to do with the cost of the permit, but it was the
mitigation and multiple hoops to jump through to remove something that was truly
causing damage. When I asked the Code Enforcement inspector, "Do you get many
requests for permits?" he said, "I think people wait for a hurricane, and then cut it,
as there is so much going on, we would never know." Why would a city want to
make a permit so unfriendly and cumbersome when a homeowner is trying to do the
right thing? Lots of the damage involved huge trees growing next to a home that
actually fell on it or a fence, or car. Trees like this should be trimmed or removed
without a permit. It's called "risk management and public safety. " I personally
experienced this in 2005, in Hurricane Wilma. A huge tree at the Swale fell on top of
my house, cracking roof tiles, breaking the curb and the asphalt in the street. Guess
what? The City replaced the tree, but it is already lifting the sidewalk in front of my
house, and it is only 12 years old. The City arborists need to make better planting
decisions, as the roots have outgrown the place in the Swale. Big trees are great, but
not on swales, next to homes or schools. If you have any questions, go to
Shenandoah Middle School, where you can see a destroyed aluminum fence, chain
link fence, and crushed car windshield. Having rules or permits in place to prevent
unnecessary removal of trees is smart and good City management, but let's be smart
and let's be fair. When a tree is in danger of falling on a house, or gate, or some
other object, isn't it smarter and cheaper to just allow the homeowner to do this, or
even have in place a City plan to monitor overgrowth, so it doesn't happen all in one
day by a hurricane? Some homes were crushed. What if that is someone who
doesn't have the finances to get past that? Isn't it more expensive to have to provide
them some sort of housing? What can we do? We need to have a tree removal
process that is smart and fair. Trees are very important, but they are not more
important than public safety, period. FPL needs to man up and take charge of the
right-of-way of the powerlines, and if a tree is in the way, requiring constant
trimming, then it needs to come out, and it is not cost-effective, and it will most likely
fall and cause an outage or damage a home during the storm. And the City, FPL,
and the taxpayers --
Chair Hardemon: Ma'am, I --
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Ms. McKinsey: -- need to insist on a better way --
Chair Hardemon: -- have to stop you. I have to stop you.
Ms. McKinsey: -- so that this doesn't keep --
Chair Hardemon: I agree with you in very many ways. I gave you four minutes
when I said I would give two.
Ms. McKinsey: (UNINTELLIGIBLE).
Chair Hardemon: And I understand. It's not difficult -- I'm sorry -- it is not easy for
me to stop someone from speaking, because I take it as being discourteous when I
have to interject in -- what someone's saying. But I'm tasked with being the
timekeeper, and when you take away time, you take away from someone else, you
prolong the situation. You make me wonder, should I just send everyone home to
come back during the afternoon to talk? So, I mean, all these things are what I'm
thinking about. I'm thinking about you when I'm making these decisions. And so, I'm
going to ask everyone to please stick to the time limit. And because the first person
that was tasked with following the time limit could not follow the time limit, I'm
going to cut you off at two minutes, okay? So there's a 15 -second mark that you will
hear; it's a beep. And once you hear that 15 -second beep, understand -- and I think
you could see the time limit, also, on the -- what is this called? -- on the lectern. So
when you see that 15 seconds, please come to an end, because at two minutes, I'm
going to stop you, okay? Thank you so much, ma'am.
Ms. McKinsey: Thank you.
Chair Hardemon: Thank you, absolutely. You're recognized, sir.
Brett Bibeau: I'm Brett Bibeau, current director of the Miami River Commission,
with offices located at 1407 Northwest 7th Street; here to read the Miami River
Commission's letter into the record, and distributed on three agenda items today.
D1.4, representatives -- which is about Fort Dallas Park: "Representatives from
Sanctus Spiritus, LLC (Limited Liability Company) presented their preliminary
concepts for this public/private partnership to redevelop Fort Dallas Park and
develop a restaurant thereon, as well as make capital improvements to the Historic
Palm Cottage, without any reductions to the size of the site's existing public river
walk to the River Commission's subcommittee's public meeting on October 19. If the
City Commission approves today's agenda item, in the future, the Miami River
Commission will consider the specifics of all," quote, "proposals for the same
qualifying project. "' On RE. 7, which is accepting State funding for Storm Water
Master Plan: "While this specific agenda item," quote, "'accepting $1,125,000 from
FDEP (Florida Department of Environmental Protection) for design and creation of
the City of Miami's Storm Water Master Plan' hasn't been considered by the MRC
(Miami River Commission), it further advances implementation of the River
Commission's adopted Miami River Basin Water Quality Improvement Plan and the
Miami River Corridor Urban Infill Plan." And finally, on PZ.3, which is an appeal
of a warrant: "During a public meeting held on January 23, the River Commission
considered this warrant application, which was subsequently approved by the City of
Miami. The River Commission subject adopted public meeting minutes state in part,
Ms. Sandy O'Neal made a motion for the MRC to adopt the subcommittee chair and
Greenway Subcommittee chair's suggestions for the MRC to recommend approval of
the updated subject warrant proposal, with the following conditions: Continue
marine use, provide the public river walk, and inspect the seawall. The motion failed
by a vote of 6-5. River Commission Chairman Aguirre asked if anyone wanted to
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make another motion for consideration, and no other motions were made.
Therefore, the MRC did not recommend this project, as proposed. "' Eight, seven,
six. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Haryshell Miranda: Hi. Good morning. My name is Haryshell Miranda. I'm here
on behalf of 37 family from Barcelona Condominium, located at 27 -- 2217
Northwest 7th Street, Miami, Florida. We never knew that we have access to come
and speak publicly, so I would love to take this opportunity right now to bring the
health issues and conditions of 37 families that are in great dangers, due the -- due
to the Chinese drywall and mold that was caused by the horrible structural
conditions in our building that were found -- fund by the City of Miami and the
Government. And I can address my own personal issue. I'm a single mother of two
kids, and my kids suffer from a lot of breath issues, breathing problems. I have my
daughter almost drowning in her own blood, because she's just bleeding for no
reason. And we beg, on behalf of Barcelona Condominium, the Commissioners to
help us fix these conditions. It's been eight years living in the same conditions, and I
think it's just enough, and I just take the chance to talk to you and to see if you -- the
Commissioners can help us fix this problem, these living conditions that we're living
in right now.
Chair Hardemon: Thank you.
Ms. Miranda: Thank you.
Chair Hardemon: Sir, you're recognized.
Dexter Lehtinen: Thank you, Mr. Chair. Dexter Lehtinen, offices at 1111 Brickell
Avenue, representing Event Entertainment Group, which is the sponsor of the Annual
Ultra Music Festival in Bayfront Park, regarding SR. 6, which is the proposed
increase in event ticket surcharges for certain events on City of Miami property. We
commend to the Commission the recommendations of the Biscayne [sic]Park
Management Trust, made on Tuesday, which were that the -- any such increase
would not apply to events for which tickets have already been sold on or prior to
October 12, 2017; October 12 being the date of first reading. That makes them -- in
a sense, because Ultra, for example, has sold more than 60 percent of its tickets for
the March 2018 event. It would either be unfairly expo facto to try to break those
contracts and charge those people. With regard to the few future tickets remaining,
the advertising is already out, comprehensive commitments and so forth. So the park
recommended the dijficulties of applying it, in a sense, on an ongoing -- to an
ongoing event, and we commend that to you when you consider SR. 6. Thank you.
Chair Hardemon: Thank you, sir.
Mr. Lehtinen: Yes, and my partner will provide the transcript of the Management
Trust meeting which took place Tuesday, under the chairmanship of Commissioner
Carollo. Thank you.
Chair Hardemon: Thank you, sir. Good morning.
Xiomara Contreras: Good morning, everyone. My name is Xiomara Contreras, and
I reside at 2217 Northwest 7th Street, Apartment 807, for Barcelona Condominium.
I'm also here in behalf of all of our residents -- there are 20 -- 37 units -- to ask and
plead for your help. Like she said, mentioned, it's been eight years living under poor
conditions with Chinese drywall; which, again, we would like to know what
happened. Where did the crack fall when all the inspections, due to -- City of Miami
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needed to do in this building, didn't come through? We're asking and pleading for
your help. We been there -- we have families and older people that are there,
suffering from many health issues, because of the conditions of our building. I would
like to also invite you one day to stop by our building and see the conditions that we
live in. We cannot express enough how much we are grateful for everything that
you're doing in our Commission, but we need more help. We need help, because we
are living in poor conditions, and I cannot emphasize that enough. We're affecting
our lives, we're affecting our future, and we would like to, also, like all of you, leave
a legacy for your own children. We would like to leave a legacy -- at least leave a
home, leave something for our future children [sic] and family. I thank you so
much and I hope Commissioner Will Gort -- Willy Gort -- that you can stop by in our
building and see for yourself what we -- it -- what we're talking about and what
we're seeing; or everyone that's here, please stop by and, you know, try to just see
for yourself what we're expressing, and what we're talking about. Thank you so
much. Have a nice day.
Commissioner Gort: Let me just add a little something. This was done before my
time -- I was here. It came in front of me as the first problem they had that they
wanted to get done right away was to fix the water meter, because they got difference
with the water meters. We able to receive the funds, but, unfortunately, their
attorneys and our attorneys were not able to get together for that. At the same time,
and like I stated before, we allocated $2 million towards the repair of that building.
They had a meeting yesterday. I don't know what took place in the meeting
yesterday, but that money is committed to them. All right? Just want to make sure
all of you know.
Chair Hardemon: You're recognized, sir.
Peter Ehrlich: Good afternoon, Mr. Chair, Commissioners. My name is Peter
Ehrlich. My address is 720 Northeast 69th Street, and I'm here on RE. 6. I'm here to
oppose the item allowing out front media to install digital billboards, LED (light -
emitting diode) billboards. You probably remember the cover of Biscayne Times a
few years ago, "Billboard Jungle: Outdoor Advertising is Miami's Crack Cocaine.
The money gets you high, but one day, it'll kill you. " I could list at least a dozen
reasons, substantive reasons for you to vote "no" on this item. Billboards are illegal
in four states: Vermont, Maine, Alaska, and Hawaii. Those are four states that
derive a significant income from tourism. Billboards are illegal under Miami 21;
they're illegal under the Miami -Dade Sign Code, except under narrow exceptions,
such as sites at 10 acres or more, only showing ads for goods and services sold
onsite. LED billboards that are currently in the City are showing ads -- that are
supposed show ads only eight seconds -- they're showing ads that -- ads are
changing every four to six seconds on the billboards, the LED billboards in the City
of Miami. No one is enforcing the rules. The billboards negatively attack District 5
proportionately. No housing, no jobs will be put on sites where there's a billboard
pole. So I ask you to vote "no "; and certainly, if you -- or can -- also, you could also
defer the item and then do a audit of the settlement agreement from 2008. Thank you
very much.
Chair Hardemon: Thank you, sir. You're recognized, sir.
David Polinsky: Good afternoon. My name is David Polinsky, 1040 Biscayne. I'm
here to speak briefly in support of FR.1 and PZ. 6. I'm speaking here today on behalf
of the Wynwood BID (Business Improvement District) Board. At a duly noticed
meeting on September 27, the BID unanimously supported -- and in this case,
without conditions -- the proposed alcohol amendments. I think we can all agree
that more small restaurants is a good thing, and small restaurants have challenges
paying the rent, and paying for equipment, and paying for labor, which can be offset
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by making it easier for them to obtain liquor licenses. I think we can all also agree
that it's a good thing to streamline legislation and clear up the morass of existing
liquor Code. And lastly, I wanted to express our strong appreciation for City staff,
who sponsored this initiative and who did significant outreach to the Wynwood BID
community to try and understand our concerns that were unique to our
neighborhood, which had to do with fostering these small restaurants and
discouraging large bars and lounges from trying to set up shop in Wynwood. Thank
you very much.
Chair Hardemon: You're recognized, ma'ain.
Laura Quinlan: Hello. Good morning, Commissioners. My name is Laura Quinlan.
My address is 2064 Prairie Avenue, Miami Beach; although I am a property owner
of numerous commercial properties throughout the City of Miami. Until recently, I
had been the director of the Rhythm Foundation for 30 years, and I'm here to speak
on DL3, the Olympia Theater. I rented the facility many times. I ushered there in
high school. I've attended my children's graduations there. I love the theater. And
as you are considering future plans for the theater, I want to express my unwavering
belief that the theater is not replaceable; it is not re -buildable. And I also would like
to express my support for the current management team operating the Olympia
Theater. Robert Geitner and his staff are doing a fantastic job making the facility
accessible and available to downtown residents, visitors to downtown, renters of the
theater, national and international promotions -- I mean production teams. They're
doing a wonderful job. I worked at the theater for many times since the late '80s,
and they're the most efficient management team to date. I can't speak highly enough
about the job they're doing. So as you consider the future for the Olympia, please
don't tear it down; please don't rebuild it; please respect the management team that's
in place. Thank you.
Commissioner Gort: Yes, ma'am.
Melissa Tapanes Llahues: Good morning. Melissa Tapanes, with law offices at 200
South Biscayne Boulevard, Miami. I'm here representing Sergio Roc and Moishe
Mana, significant property owners in downtown Miami. Today before you are two
items: FR. 1, to repeal and replace Chapter 4 of the City Code dealing with alcohol
beverages; and PZ.6, which is to make complementary changes to Miami 21. We
strongly support both of these amendments and these items. We thank the Planning
& Zoning Department for assisting the Commission and the City in creating the
Flagler Specialty District. We're here requesting respectfully two modifications to
the draft ordinance, and that is to eliminate the warrant requirement for alcohol
service establishments, as well as to eliminate the cap of 30 alcohol service
establishments within the Flagler Specialty District. Today the City Code allows for
alcohol service establishments as of right in downtown Miami. There is no cap,
there is no Planning & Zoning Appeals Board requirement, or City Commission
requirement. We believe that the implementation of the warrant system will be an
added -- an unnecessary level of administrative approval that the current City Code
does not ask for. The warrant is also inconsistent with the current City Code
requirements that allows all buildings with density of over 300 units, intensity of
over 60, 000 square feet, hotel uses, and historically contributing structures to have
alcohol uses that do -- that would not count towards the 30 limit cap. The FR.1
exempts all these buildings, so we believe that the requirement for the cap and the
warrant will just simply add another layer of regulation, and be arbitrary and
capricious in approving those unnecessary warrants. We also believe that the PZ
item is very good in the sense that it protects residences by requiring exceptions to
be approved at public hearing for all alcohol service establishments of over 5, 000
square feet, and we believe that residents are also protected by requiring warrants
for outdoor dining uses, such as rooftop lounges and sidewalk cafes. We applaud
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the Planning & Zoning Department and the leadership of this Commission for
assisting us in creating this specialty district, and we ask for your support of these
two items, with the two modifications that we've requested. Thank you.
Chair Hardemon: Thank you, ma'am. Sir, you're recognized.
Ralph Patino: Good afternoon, Commissioners. My name is Ralph Patino, 113
Almeria Avenue, from Patino Partners. I am currently the chairman of the Olympia
Theater Center. As you all know, and through the help of most of you, in 2011,
Herman Echevarria had a vision, and that was to save the theater and continue its
operations during the fiscal crisis of the City of Miami. We took it over as a
501(c)(3), and formed specifically to manage, program, and preserve the Historic
Olympia Theater and Office Buildingfor our entire community, and just for the -- all
the generations to come. Over the last few weeks, we've had discussions and made
presentations on the current status of the Olympia Center plans for revitalization of
the Historic Olympia Theater and the Office Building to representatives of the Miami
DDA (Downtown Development Authority), the Dade Heritage Trust, the American
Institute of Architects, the Miami Design Preservation League, the Downtown
Neighbors Alliance, and the downtown property owners. All, all groups are
unanimous in that we need a community-based, vision -driven, open and public
process to define any future redevelopment of the Historic Olympia Theater and the
Office Building, and we will work with you tirelessly from now until it gets done. As
you know, the Olympia Theater has been remodeled inside. The only thing left to do
is the fagade and the -- and to redo the commercial on the out -- the commercial
spaces on the outside. And we would thank you -- We thank you very much for all of
your efforts and everything that you do for us.
Chair Hardemon: You're recognized, sir.
Ian Bacheikov: Commission, my name is Ian Bacheikov, with law office Akerman,
LLP (Limited Liability Partnership) at 98 Southeast 7th Street. I'm here
representing Swire Properties, who is owners of the Brickell City Centre, as well as
Miami Design District Associates, who are -- big stakeholder in the Design District;
here to speak as a proponent on behalf of FR.1 and PZ. 6. My clients are in favor of
seeing this ordinance go through. Its been many months in the making, if not years.
The current Alcohol Code in the City is filled with lots of inconsistencies and
ambiguities, which cause lots of problems when business owners and tenants of my
client, specifically, in other places around the City try and open up venues which
hope to serve alcohol; specifically, for instance, restaurants. One of the items, as a
very good example of what this ordinance is trying to fix, is just simple as the
definition of what is a bona fide restaurant. That's something that currently is not
even addressed in the Code, and causes issues when people try and open their
businesses, and it's issues like this that cause problems for businesses. And I want to
thank your Planning & Zoning Department for working with many of the
stakeholders with interests in this, and working through the issues to come to finally
what appears to be a draft of this ordinance that looks good to many, if not all of the
proponents. And so, we respectfully want to show our support and see that this
ordinance moves forward finally. Thank you.
Chair Hardemon: Before we continue with the public comment, I just wanted to -- I
want to read from a letter a very -- I'm not going to read the entire letter, but I -- Its
dated October 24, 2017, from -- and it is written from Mr. Albert Milo, Jr., the senior
vice president and principal of Related Urban, and it is written to Mr. Daniel
Rotenberg, the director of the City of Miami, and it's regarding item DL 3. And I'm
reading this now, so if you're here to discuss this item, you should know this, because
it may change whether or not you want to speak or not. So in the second to last
sentence: "Related Urban is ready and willing to collaborate with the City of Miami
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and the community at large on this important project. Therefore, to allow for that
dialogue to occur, we will withdraw our current proposal. In the meantime, we will
continue to have discussions with community stakeholders to obtain their input. This
will allow the City more time to determine how it would like to proceed." So if
you're here to speak on that item, just know that that bit of information is here, so I
don't think that we'll be having much of a discussion on it at DL3.
Victoria Mendez (City Attorney): So is the Administration withdrawing that item
right now --
Unidentified Speaker: Yes.
Ms. Mendez: -- so that at least --7 Or did you want to talk about it?
Vice Chair Russell: I'd like to still have the item, please. It'll transform from what it
was, but I would like to still have the item, yes.
Chair Hardemon: All right. Sir, I believe you're -- he's -- okay, you're recognized,
sir; good seeing you, man.
Steven Horsford: Good to see you. Good morning, Mr. Chairman, members of the
Commission. Steven Horsford, on behalf of Heat, Inc., a Florida -based nonprofit
corporation, located at 1525 Northwest 167th Street. I'm here to speak on behalf of
RE.9, and to ask the Commission's support of this item. First, I'd like to thank
Chairman Hardemon for your leadership and vision in bringing economic
revitalization to Historic Overtown. And this item would allow the Heat
Organization to provide culinary training, in partnership with Unite Here, Local
355, and participating employer partners to residents in Overtown, and throughout
South Miami, for the number of careers that are being offered in the hospitality
industry now and in the coming years with the Worldcenter Project and other
projects that are planned. I'm excited that we have an opportunity to bring locally
Chef Donovan Campbell, who is here. He's an executive chef who has led culinary
training programs like the one we will be offering at the Overtown Performing Arts
Center. He was actually on the culinary team that helped open the Bellagio Hotel
and Wind Resorts, and he will be leading the efforts for Heat, Inc., at the Overtown
Performing Arts Center. And so, we're asking your support of this item today.
Thank you very much.
Chair Hardemon: Thank you very much, sir.
Later...
Chair Hardemon: You're recognized, sir.
Donovan Campbell: Thank you all very much. My name is Chef Donovan
Campbell. I'm just a part of the program, and I would just like to say that I'm very
happy to be here -- to be leading this entire program here that will be helping
individuals throughout the community so that they could be, you know, rehired
within the hospitality, you know. So thankyou.
Chair Hardemon: But they said you can cook though, brother.
Mr. Campbell. Well, you know, I'm the best. You know, I'm the best, and it's going
to be a very great program.
Chair Hardemon: Thank you very much.
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Mr. Campbell: Right, sir.
Chair Hardemon: You're recognized, ma'am.
Renita Holmes: Yes. Good morning. Madam Holmes. Again, Madam Renita
Holmes, Wave of Women. I -- some of the -- two of the items specifically that I came
to make comment on have been deferred, but I'm really, really pleased to see the
presence of so many children here to talk about creating safe spaces. You know how
I feel about that, but I wanted to take the opportunity before I leave to thank you, if I
may, Mr. Chair, Commissioner Carollo, for reaching in and out in our efforts. We
always have to show support. I know you showed support to one another for the
projects that you have. The public housing items, the public housing needs, the
public housing resource, the Poverty Initiatives, I'm asking that you really, really
connect even more to protect. And I wanted to put this on the record, because there
are little things that are still occurring, particularly after the hurricane. And, you
know, if it affects me, it really is affecting people with no voice, and you can actually
hear it in the tone of my voice. We -- I'm asking you also to take a look at the board
appointments, particularly with the Commission on the Status of Women. You gave
me a great opportunity. There are some issues. There are boards and councils,
whereas the people of poverty, persons who are challenged, mothers, women,
persons with disability don't really interact with them, and a lot of the members,
while they may sound great and may be great partners, don't interact with the
population of the culture of the people that they're representing, so you lose out.
And if there aren't concurrent -- or there aren't consistent appointments, we lose
having impact and performance. And a lot of new groups are getting Poverty
Initiative funding, but we don't know them, and they don't listen to us. We need to
connect, and perhaps you need to find out why they aren't, and maybe get more
people that are there, like you did. I might not be able to sit at the table; that's
because not only do I talk the talk, I walk the talk. So I congratulate you. I thank
you all for working together, and I hope that we can have that from the bottom to the
top conversation. In closing, we had roundtables a long time ago. It would be nice
to see that practice come back. Our Mayor that's exiting utilized them very well. It
proved to be a great benefit now that we have more challenging -- and Procurement,
you will see a great benefit. Have a great day. Thank you.
Chair Hardemon: Thank you so much. You're recognized, sir.
Robert Geitner: Good morning. For the record, Robert Geitner, executive director,
Olympia Center, Inc.; residing at 111 East Flagler Street, Apartment 1005. I'd like
to thank the Commission, particularly Commissioner Russell, for allowing our group
the time to reach out into our community and understand some of the issues, and
express our concerns with the topic that instigated discussion item number 3. I'd like
to thank the Commissioner and our Commission, and our Mayor for their support in
the form of a grant that we sent to the State of Florida. We ranked number nine out
of 99 applicants, and were able to pull a half million dollars towards the restoration
effort of the Olympia Theater and Historic Office Building. And I'd like to
encourage all of us, as we go through a discussion, that we follow the
recommendation and resolution of the Downtown Development Authority and look
for a process that is vision driven and community based that allows us to discuss
what we want for our Olympia Theater. Thank you very much.
Chair Hardemon: Thank you. You're recognized, sir.
Ethan Wasserman. Good morning. Ethan Wasserman, with Greenberg Traurig, 333
Southeast 2nd Avenue, here on item SR.2. SR.2 is legislation that's intended to
protect the elderly community; specifically, assisted living facilities, skilled nursing
facilities, nursing homes, convalescence center, group homes, and affordable elderly
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housing. Now all of these provide medical or service -related housing, except for the
elderly housing component. The reason I mention this is that there's a lot of
confusion on this item. I'll just rattle off a couple of quick examples. You have to
provide a generator to provide power for essential services. What are essentials
services? How do they impact generator size, location? How do we retrofit
buildings to make this work? It applies to City funded projects. What does "City -
funded" mean? Does it apply to future projects or does it apply to existing projects?
And it requires compliance with City housing requirements. What are those housing
requirements? Now we submitted this to you all yesterday, and I'll submit a copy for
the record. And the reason for a lot of this confusion is that six of the major
affordable housing developers have not had discussions with you all during the
drafting of this legislation. And just as an example of that disconnect, they're not
here today, because they are in Tallahassee for the Florida Housing Finance
Corporation monthly meeting. And so, what we're asking for is a deferral, because
we'd like to participate in this legislation. We'd like to talk about it. We'd like to
create thoughtful and practical measures that provide certainty for the affordable
housing elderly community. I would also mention that there's a companion -- or a
competing item that's moving forward by Commissioner Gort's oj5ce in a month or
two, and it's a little confusing that we have two different items on the same topic.
Thank you.
Chair Hardemon: Thank you, sir. Ma'am?
Amal Solh Kabbani: Amal Solh Kabbani, 50 Biscayne Boulevard, Apartment 4910.
I am many things; most importantly, I'm a voter, I'm a taxpayer, and I'm going to
keep my statement brief and broad. I support anything and everything that the
existing management of the Olympia Theater has envisioned for the Olympia; that
will be today, tomorrow, and always. Thank you for your time.
Chair Hardemon: Thank you, ma'am. You're recognized, sir.
Robert Fine: Good morning, Commissioners. My name is Robert Fine, with
Greenberg Traurig, at 333 Southwest [sic] 2nd Avenue, representing Housing Trust
Group, LLC (Limited Liability Company) this morning, to talk about proposed
Ordinance 2961, item SR.2. This proposed legislation is intended to address a
serious concern: The safety and comfort of seniors in the few days after a
catastrophic weather or other event that results in widespread outage of electrical
service. The ordinance is full of good intentions, really. Unfortunately, in its
current form before you, where it's up for second reading, it is seriously short on
very important detail. My client is supportive of the concept of this requirement, but
-- to provide this power and staff and the -- and maintain electrical service.
However, the legislation needs to be fully thought out and considered, and provide
details necessary to avoid arbitrary implementation enforcement. As an initial
matter, Ordinance 2961 is noticed as being codified in Section 62-651 of the City
Code, in Article 15, Group Homes. The current provision of Article 15 limits
everything in Article 15 to facilities that house 14 or fewer people. If that's not the
intent of this ordinance, then that's one item that needs to be fixed right off.
Proposed Ordinance 2961 requires existing buildings to install and maintain a
functioning generator with adequate fuel, with the capacity to power essential
services, including but not limited to: Elevators, lights, emergency alarms, air
conditioning the corridors. What are emergency ser -- what are essential services?
Who decides what they are? Is food storage? Food storage isn't mentioned in there.
Which lights? Everything you add to a generator adds to the load. Every load you
add requires more fuel. We now -- we also have buildings that are over 75 feet.
They have generators, because of the Florida Building Code, for elevators and
emergency lights; those are sized for those buildings. This will require taking the
seniors out of the buildings and rebuilding to do it. Other existing buildings right
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now don't have size and capacity, and we think this would be a good thing to go talk
to your professionals: The Building Department, Building officials, Fire
Department. Really work this ordinance right and bring it back so it can be a good,
complete package that will work for all of us. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Raul Guerrero: Good afternoon. I'm Raul Guerrero. I'm a resident of downtown,
133 Northeast 2nd Avenue. And I'm here to support any measure to preserve the
Olympia Theater, to preserve our history, and to preserve a cultural center that
fosters the downtown community. Thank you.
Chair Hardemon: Thank you. Sir, you're recognized.
Mallory Kauderer: Hello. Mallory Kauderer. I live at 3701 Chase Avenue in
Miami Beach, and Miami ojflce is 6200 Northeast 2nd Avenue. I'm here in support
of three items from -- and speak on behalf of several organizations, as well as myself.
The first one is Little Haiti SC, Soccer Club, where I want to thank the Mayor. And
we are in support of PH. 7, which is a very kind allocation for the soccer club that
helps many children in the community of Little Haiti and other areas that are
members of the club, and I want to thank the Mayor for that. I also want to thank
Keon Hardemon for his support of the club over the years, and his recent support of
the club with a kind donation that came through an organization that Mr. Hardemon
knows. And this is a wonderful organization. We reach hundreds of children. We
send regularly children to universities with scholarships, and it's a great program
for underprivileged children; it's completely free; and Little Haiti Soccer Club, on
Northeast 2nd Avenue. And I want to thank the Mayor and thank Keon Hardemon
for their continued support of the club. Also, I'd like to speak on behalf of FR.1 and
PZ. 6. I speak there on behalf of Little Haiti Development Partners, of which I am
the main partner. And I also speak on behalf of the Downtown Little Haiti
Stakeholders, which is a community organization of business owners on the main
street of Little Haiti. We are in support of FR.] and PZ.6, just as they are written.
And I want to thank the Commission and the Planning & Zoning Department for
bringing this forward. Thankyou.
Chair Hardemon: Thank you, sir.
Terrell Fritz: Good afternoon. My name is Terrell Fritz. I'm a resident at 111 East
Flagler Street, in downtown Miami, and president of the Flagler First Condominium
Association. As Commissioner Gort can tell you, I have been a champion for the
Central Business District in Historic Downtown Miami for more than 20 years. I'm
here to speak on DI. 3, the proposal for the Olympia Theater. We have a very
important National Register Historic District in downtown Miami that was created
in 2005, with more than 60 historic buildings; some 15 individually listed and locally
protected, but listed on the National Register for Historic Places, and several other
properties in proximity to the Historic District that are on the National Register.
These are irreplaceable, important historic assets. And I came here to oppose the
Related Urban Group unsolicited proposal to demolish and replicate the existing
building at the Olympia Theater, so I am delighted to hear the announcement that
Related has withdrawn that proposal. Therefore, to reflect the opposition of all the
organizations that you heard a unanimity: the 1.1 thousand people on Facebook,
who are mostly sad or angry about the proposal, and the numerous people who were
unable to stay to speak today; and instead of opposing it, since that has been
withdrawn, support a vision -driven process for identifying the future for the Olympia
Theater and Office Building. Our historic assets deserve this. And I would include
in that the same community -driven process for Fort Dallas Park and any unsolicited
proposals there. Thank you.
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Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Wendi Welsh: Good morning, Mr. Chairman and Commissioners. My name is
Wendi Welsh. I am here representing the members of Unite Here Local 355, the
Hospitality Workers Union. We're located at 1525 Northwest 167th Street, in
Miami. And I'm here to speak in favor of RE9, the amendment of the EDA
(Economic Development Administration) grant so that we can create the training
center in Overtown. And my role in that endeavor is to bring employer partners to
work with us, both to make a financial commitment to the training center, but equally
importantly that they create a pipeline of jobs for folks in the community. And we've
had a number of employers come before the CRA (Community Redevelopment
Agency), in particular, in the past, who have signed on to be partners, and I think
since we last met, we have two new partners. The Gulfstream Race Course and
Casino has now signed on to be a partner, as well as the Fontainebleau Hotel, which
is very exciting; they're large employers. And I think within the next two weeks, we'll
have one other very large employer signed, so we're excited about that. I just -- I
really want to thank you, and particularly the Chairman, for your ongoing support
for us to be able to create this program, and we're very excited to get started. Thank
you.
Chair Hardemon: Sir?
Javier Fernandez: Good morning, Mr. Chairman and members of the board. Javier
Fernandez; law offices at 701 Brickell Avenue. I'm joined today by my partners,
(UNINTELLIGIBLE) and Richard Paris; as well as our client, Adam Radillo from
AR Booting. Before I begin, I just want to acknowledge Commissioner Carollo, and
thank you for your years of service. Its been a pleasure to work with you over the
course of that time. We're here today because we'd like to first commend the Mayor
for the work he's done in recent weeks on the booting issues. As a attorney for a
reputable booter, the recent actions have actually made the marketplace much more
rational and better -- and provide better (UNINTELLIGIBLE) both for the operators
and consumers, alike, by eliminating and focusing on the bad practices of some of
our competitors. We are -- unlike some others, we are not opposed to reform. We
welcome it. We think it will improve our operating environment. We do have some
concerns, and are encouraged that we're going to be revisiting the ordinance over
the next few weeks, as we do not want the unintended consequence of an ordinance
to be adopted to be -- eliminate what we think is a very valuable enforcement tool.
In addition to the enforc -- the regulatory piece, we do believe there is a greater need
for City enforcement of the activities of booters. I'd like to see that stepped up, as
well. Again, it'll be ultimately to our mutual benefit. And if the goal of this
Commission is to see both enforcement and the regulatory framework improved, we
think this ordinance in particular, as drafted, falls well short of the mark, and look
forward to working with you on solutions that are focused beyond just fee
reductions, but really creating a regulatory structure that allows -- that does not
result in government picking winners and losers, but allowing businesses to rise and
fall on their own merits in a rational regulatory environment. And with that, we look
forward to convening with your staff and other stakeholders to work on this item.
We would encourage you going forward not just to rely on the representations of
proposers, but really on the experience of your enforcement staff at the MPA (Miami
Parking Authority) and your sister cities, like the City of Miami Beach, that have
dealt with similar issues and have a lot to contribute to this conversation. Thank
you.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
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Christine Rupp: Good afternoon. Christine Rupp, representing Dade Heritage
Trust, 190 Southeast 12th Terrace, Miami 33131; here to speak in favor of FR.2, an
amendment to Chapter 23. I'm also here briefly to speak about DI.3 and DI.4. I
think the support for the Olympia is obvious. And I want to let you know that in the
spirit of open communication, open dialogue, and trying to drive a solution -based
discussion, Dade Heritage Trust has reached out to various parties involved in these
two discussion items. And what we've found out is that when you're dealing with
historically -designated properties -- and we have two that are both locally and
Federally designated -- there's a lot of misinformation, and parties that come
forward with a solution to assist with these properties aren't often informed of the
basic requirements that are set up to ensure protection of these very important
properties. So I believe that part of this unsolicited bid process -- When you look at
staff review, nowhere in that staff review is the Historic Preservation Office listed.
So I think that's something that should be looked at, because if the Preservation staff
can weigh in, that will add to the information that should be supplied to these entities
that are making these unsolicited bids. So thank you.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Dolly McIntyre: I'm Dolly McIntyre, 409 Vizcaya Avenue, in Coral Gables. I'm
here to speak on the item regarding Chapter 23 and the addition of a district type
based on thematic content. The City of Coral Gables has one staff person for every
10,000 residents. If we were to carry that ratio to the City of Miami, Miami's
Preservation Department would have a staff of 44. Chairman Hardemon, how many
do you think are in their department?
Chair Hardemon: Don't make me guess.
Ms. McIntyre: Anybody have a guess, how many in the City of Miami department?
Unidentified Speaker: Three.
Ms. McIntyre: You're right; three. Three. Now one of the things that this ordinance
will do is to help make that department more efficient, because when you're doing a
thematic district -- and by that, we mean a similar building type that are not
contiguous or a group of buildings that are done by one architect, or a group of
buildings that are important in one event in history, you can take that designation
and you can use the same material for each item; you don't have to go out and
individually research. So it's like adding one more staff person to the staff without
any cost, so it's a win-win. So I hope you'll support it.
Chair Hardemon: You're recognized, sir.
Carlos Gabriel Hernandez: Good afternoon. My name's Carlos Hernandez. I
reside in 111 East Flagler Street, in the Historic Flagler's First Condominium
Building. I'm here to speak about agenda D1.3. I do oppose for the Olympia Theater
to be demolished, and I also want to let everybody know here, as well, that these
cultural icons, like this building, need to be preserved. Just like all of you here --
You guys were all winners, and you became Commissioners, Chairmen [sic]; you
won. These buildings are our winners, they're our heroes. They've survived all these
years, and these are things that need to be preserved; not destroyed. And that's what
I speak on. Thank you.
Chair Hardemon: Thankyou, sir. You're recognized, sir.
Manuel Prieguez: Thank you very much. Good morning, Commissioners. Manny
Prieguez, at 4000 Malaga Avenue, Miami, Florida 33133. Tin here representing
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VIP Booting. As I mentioned to you in the -- at the first hearing -- VIP Booting just
received its license from the City of Miami, I would say three or four months ago, so
they're a brand-new company that wishes to enter into the market. And at that time,
between first reading and today, we became very engaged with the Administration,
with Mr. Noriega, and I have to say that what you have before you today, what the
Mayor has brought before you today is a vast and great improvement over what was
present at first reading. And so, I feel very comfortable communicating to you the
fact that this is an ordinance that is ready to be voted upon. Having said that, I
know that some of you Commissioners would like to further amendment it and make
it a little bit better, and that's, you know, perfectly fine and fair, and we will probably
support most of the things that you have to say and that you want to change. As to
one particular part of the current ordinance as proposed by the Mayor, the fee
structure for the booters, I know that's become a point of conflict, so to speak,
particularly among the booting industry. Given that we have represented to all of
you that we have no issue with the booting rate being lowered to $40 in totality, but
$25 going to the booters, some of you feel a little bit uncomfortable about that, and I
could understand why that is; notwithstanding the fact that a majority of the
jurisdictions in the State of Florida have it at around $25 already. But if you're so
inclined to amend that portion of the ordinance, what I would just suggest is, is that
not to put it as high as some other members of the industry would suggest. Please be
aware that the higher it is, the more it incentivizes bad practices, and the more it'll
incentivize the history and, you know, the past actions of unscrupulous companies.
And so, I would, you know, highly, you know, recommend that if you're going to
change the fee from $25, as it is proposed now, that it not be too high, because if not,
you're once again just going to be asking for trouble, and it won't be fair to the
residents and to the tourists. So thank you very much for your attention.
Chair Hardemon: Thank you, sir.
Ralph Andrade: Good afternoon, Mayor, Commissioners. Excuse me. Ralph
Andrade. I'm here in my individual capacity as a resident. I live here in the Grove,
in Commissioner Russell's district. So there's a lot that's been said about this
ordinance, so let's get clear why we're here today. We're here today because this
industry elected to defraud the City out of hundreds of thousands of dollars,
potentially millions of dollars, and you'll find that out, what that number is, in due
time. We're also here because of their predatory booting practices, which is what
has led to so much money being due, where it's become, like the Mayor said, the
Wild, Wild West, with booting companies just going into private parking lots, in
cahoots with private parking lot operators to basically rape and pillage the residents
and tourists, and visitors of the City. Let me tell you why we're not here. As some
have suggested -- none today, but apparently behind closed doors. We're not here
because this is a towing versus booting issue. This is not some back -door towing
move by the Miami Beach towing industry, which I represent, by the way. I do
represent Beach towing and Tremont Towing in Miami Beach. This is not some
back -door move for them to come onto the mainland. They've been doing business in
the City of Miami for decades. They don't need this ordinance. They don't have any
interest in this ordinance. I have an interest in this ordinance, because my son is
looking to get into the business. So the million -dollar question for you all, I'm sure,
is, is: Well, why would, you know, I want or my son want the fees to be lowered?
Everyone wants to make more money, right? So let me tell you how this works. You
got a $63 fee. It basically gets cut three ways: 20 to $25 for the property owner,
which is illegal; $20 to the booter; and $20 to the booting company. Okay? I'll give
you the Sears parking lot as an example, on 37th and Coral Way. You can boot five
cars an hour there easily, with your eyes closed. That's -- 12 -hour day, that's 60
boots a day. They're paying their employees $20 a boot. A booter's making $1,200 a
day, 5, $6,000 a week. That's more than some lawyers, doctors, other professionals
are making. My son's business model is different. He's going to pay his employees
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by the hour, so that same hooter that cost them $1,200 is going to cost my son 120
bucks, because he's going to pay him $10 an hour. That's how he can afford to
operate at $25. He's not going to break the law and give kickbacks to property
owners, which is why he encourages the rate to be at $25, so that he can compete on
a level playing field, and not be at a disadvantage to these unscrupulous companies,
who are kicking back to property owners.
Chair Hardemon: Thank you very much, sir.
Mr. Andrade: Okay. Thank you for your time.
Chair Hardemon: Is there any other person that'd like to speak? You're recognized,
sir.
Adam Radillo: Hi. My name is Adam Radillo. I represent AR Booting; I'm the
owner. I have been doing business in this City for 12 years, and since -- The price
has been originally $85 and about four years ago, it was raised to $89. I do not give
kickbacks and I never have, and I never will. That's -- Their business is parking. My
business is booting. I have paid the City for 12 years, honorably and honestly --
okay? -- completely. Now, other people have not, and it's not fair for one company
that chose not to do the right thing to -- for this committee to continually discuss
eliminating this industry. This is a well -needed industry in this business. It's either
booting or towing, and I can tell you from a business standpoint, at the rates that are
being proposed, that will push this industry out of the City of Miami, like it did in
Miami Beach. In Miami Beach, it is $25. I have clients right now that want me to go
to Miami Beach and work, and it just won't work out that way. You cannot conduct
that business at that rate, and that's why nobody does booting in the Beach, and
that's why it's all towing; and then, this City will become the same thing as Miami
Beach, towing 300 cars on a Friday night, and that's what they do on the average,
okay? Thank you for your time.
Chair Hardemon: Thank you, sir. Sir, you're recognized.
Brian May: Mr. Chairman, Brian May; here representing the Orange Bowl
Committee and also the College Football Championship Game Task Force, with
regard to a pocket item that will likely be introduced later today concerning the
community's bid, which will be going forward, to host the College Football
Championship Game here in Miami -Dade in 2021, 23, or '24. And the reso that
would be put forth is simply to have the City of Miami show its support behind the
bid of which, as part of the bid, a number of events will be centered in the City of
Miami at particular venues; Bayfront Park is likely to be one of them, as well as
potentially hosting a media day, either at the AAA Arena or at Marlins Park. So I
would just ask you to please consider that item. It's important that we do try to get it
done in a timely manner, as the preliminary bids are going in tomorrow afternoon.
And having the major communities, such as Miami, Miami Beach and Miami -Dade
County, who have -- both Miami Beach and the County have passed resos similar to
yours -- we would ask that you consider that, and please pass that, if possible.
Thank you.
Chair Hardemon: Thank you very much. Seeing no further persons here for public
comment, I'm going to close the public comment section --
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: -- of the agenda. You're recognized, sir.
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City Commission Meeting Minutes October 26, 2017
Commissioner Carollo:
Real quick. Mr. May, as you know, Bayfront Parkprovided
a letter in support --
APPROVED
Mr. May: Yes.
Ken Russell, Vice Chair
Commissioner Carollo:
-- of the College Playoff Championships coming here, but
I'd like to see the resolution before --
Mr. May: Sure.
Commissioner Carollo:
-- it just pops up in a pocket item. I would like to see
exactly what the resolution is --
Mr. May: Absolutely.
Commissioner Carollo:
-- so we could digest it and --
Mr. May: Sure.
Commissioner Carollo:
-- make sure that everything is kosher.
Mr. May: Absolutely.
Commissioner Carollo:
Thank you.
Mr. May: Yes.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - Planning and Zoning - Jul 27, 2017 9:00 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: One second while I update my agenda. Okay, is there a motion to
approve the meeting minutes from July 27, August 28, and September I ?
Vice Chair Russell: Move it.
Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor of
the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
City of Miami Page 26 Printed on 12/18/2017
City Commission Meeting Minutes October 26, 2017
AM.2 City Commission - Special Meeting - Aug 28, 2017 9:00 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item AM.2, please see Item AM.].
AM.3 City Commission - Special Meeting - Sep 1, 2017 9:00 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item AM.3, please see Item AM.].
MV - MAYORAL VETOES
NO MAYORAL VETOES
Chair Hardemon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Thank you very much.
City of Miami Page 27 Printed on 1 211 812 01 7
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Zea » :&11•] ► /e11e1 :J »e1 ZTA ki IM *1
PA.1 PERSONAL APPEARANCE
2738 DANNY SUAREZ TO ADDRESS THE COMMISSION REGARDING
THE RELEASING OF HIS INFORMATION TO THE PUBLIC MEDIA,
WHICH INCLUDED HIS SOCIAL SECURITY NUMBER, BY THE
MIAMI POLICE DEPARTMENT, AND REQUESTING THAT AN
INTERNAL INVESTIGATION BE LAUNCHED AS TO WHY HIS
SOCIAL SECURITY NUMBER, AND OTHER PROTECTED
INFORMATION, WAS RELEASED AND WHY PROCEDURE WAS
NOT FOLLOWED REFERENCE F.S. 119.
RESULT: PRESENTED
Chair Hardemon: There is a personal appearance that is on the record; Mr. Danny
Suarez. Mr. Suarez, you're recognized to speak before this Commission for five
minutes.
Danny Suarez: Thank you, Chairman. I'll keep it under three minutes and 20
seconds. Good morning, Commissioners, staff, and the public. Today, I stand here
before you, finally. I've been away on military orders, and I'd like to thank you for
deferring my appearance the last meeting you had. Serving the U.S. Navy Reserves,
having completed two tours; very special assignments, including a special
assignment at the Whitehouse, my accomplishments, leadership and integrity has led
me to earn the NCO (Non -Commissioners Officer) rank in the U.S. Navy. Why do I
mention this? Well, integrity and courage is demanded from my superiors, and as an
NCO, I demand it from my subordinates; it's not an option. Sadly, I see those traits
are optional at the Miami Police Department. And thankfully, we have officers who
actually have integrity, except for the few bad apples. Earlier this year, Javier Ortiz
was served with an injunction, and in less than three days -- that's less than three
days after being served with an injunction -- a magical police report appeared;
which, according to Javier Ortiz' testimony, he retrieved it -- which is fabricated, by
the way -- and shared it with the media through his attorney, Robert Buschel . The
report itself is disgusting, but coming from a person with no integrity, I expect
nothing less. He claims I fled the scene after he had supposedly stopped me, and
according to him, this is what he said that I said: "You better watch your back,
niggah. I got eyes on you. I know where you be." Sounds pretty atrocious, right?
Well, not for people with zero integrity. Under Florida State Statute 119.071, "A
service member's personal information to include home address is exempt from
public records. " The fabricated police report contained my home address and my
full Social Security number. I didn't stutter, I said it right, "My full Social Security
number, " un -redacted, by the way. My understanding of MPD (Miami Police
Department) protocol, all exempt information is redacted. Unfortunately, a police
officer has decided to bypass protocol and release my personal information,
including full Social Security number, to the media. Even more appalling to me is
the fact that the City has turned a blind eye to this complete violation of procedure.
The City holds the personal information of so many people, including yourselves,
staff -- sorry, it's very disappointing -- and the fact that an agent of the City is
allowed to release it at their pleasure is ridiculous, ridiculous. Now, I'll wrap it up.
Imagine. I'm a combat veteran. I'm a veteran of this United States, this Navy. I
honorably served this country; I still serve this country. I responded to the last
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City Commission Meeting Minutes October 26, 2017
hurricane issues that we had, and I was on active duty orders for that reason. I'm
not even protected from the misconduct of the few bad apples that we have in this
department. What about those who are defenseless, or the misinformed elderly, or
the young who are misinformed? It's not their fault. It's your job to look out for us,
regardless of status, and as a resident of the City and a protector of the United States
Constitution, I ask you to please look out for us. Review this gross negligence, and
make sure it never happens to any other person again. I leave you with this: The
ojfcer who committed this despicable act, the very same officer who racks up more
complaints than a officer who actually does patrol, was just promoted to captain.
That's who this Police Department sees as a leader. With that behavior, I would
have been dishonorably discharged. And you wonder why we have policing issues.
Chair, thank you for the time. Commission, thank you for listening. Staff and the
public, have a great day.
(Applause)
Chair Hardemon: In these Commission chambers, we don't allow applause during
business. So if you support what someone has to say, it's perfectly fine for you to
show your support, but do it in a very silent way. You can show spirit fingers, you
can thumbs -- give thumbs up; no derogatory fingers, though; the spirit -- not that
kind of spirit. It's just allows us to continue on with the business and without
interruption. We have lots of great orators, and many times, they deserve lots of
applause. And so, we just try to avoid me having to do this and make this speech,
and taking up more time than we already have, so thank you very much for
understanding.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Just a couple questions for the Administration in response to the
comments that were made. Is there a formal complaint that has been filed, and is
there any response for the record to the allegations that were made?
Rodolfo Llanes: Rodolfo Llanes, Chief of Police. Yes, Mr. Suarez did make a formal
complaint to us and to the Florida Department of Law Enforcement. Florida
Department of Law Enforcement has not informed us in writing, so we haven't closed
out our administrative investigation of the incident. Personally, I'd like to apologize
to Mr. Suarez for the incident; that shouldn't happen to anybody, and we will
investigate it to the fullest extent.
Vice Chair Russell: Thank you.
END OF PERSONAL APPEARANCES
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I:fyeQ9%]►69NI►kFive] NI►1R7il
END OF CONSENT AGENDA
Chair Hardemon: Okay. Before we break for lunch, I'm going to ask --
Brian May: Thank you.
Chair Hardemon: -- that this body entertain a motion to pass some items, and I'm
going to say what those items are, so at least send some people home with some
business taken care of. The motion that I'd like to request would be for the adoption
of CA.1, the consent agenda; PK2; PK 6, 7, 8, 9; and RE. 9. If there's anything else
that anyone sees that is noncontroversial, it could be added to it, be -- you can add it
now, but it must be something that doesn't require being read into the record, so no
first or second reading ordinances; only resolutions.
City of Miami Page 30 Printed on 12/18/2017
The following item(s) was Adopted on the Consent Agenda
RESULT: ADOPTED
MOVER: Wifredo Gort, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo
ABSENT: Suarez
Note for the Record. For minutes referencing Item CA. I, Please see
"End of Consent Agenda. "
RESOLUTION
CA.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
2920
ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED
Department of Fire-
"FISCAL YEAR 2016 — PROGRAM TO PREPARE COMMUNITIES
Rescue
FOR COMPLEX COORDINATED TERRORIST ATTACKS" BASED
ON FUNDING RECEIVED FROM THE DEPARTMENT OF
HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT
AGENCY ("FEMA") AND APPROPRIATING FUNDS, IN AN
AMOUNT NOT TO EXCEED $723,260.00, CONSISTING OF A
GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF
FIRE -RESCUE AND THE SOUTHEAST FLORIDA REGION FOR
BUILDING AND SUSTAINING CAPABILITIES TO ENHANCE THE
REGIONAL PREPAREDNESS FOR COMPLEX COORDINATED
TERRORIST ATTACKS; RATIFYING THE CITY MANAGER'S
ELECTRONIC ACCEPTANCE OF THE GRANT AND
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE ACCEPTANCE OF SAID GRANT.
ENACTMENT NUMBER: R-17-0494
This matter was ADOPTED on the Consent Agenda.
END OF CONSENT AGENDA
Chair Hardemon: Okay. Before we break for lunch, I'm going to ask --
Brian May: Thank you.
Chair Hardemon: -- that this body entertain a motion to pass some items, and I'm
going to say what those items are, so at least send some people home with some
business taken care of. The motion that I'd like to request would be for the adoption
of CA.1, the consent agenda; PK2; PK 6, 7, 8, 9; and RE. 9. If there's anything else
that anyone sees that is noncontroversial, it could be added to it, be -- you can add it
now, but it must be something that doesn't require being read into the record, so no
first or second reading ordinances; only resolutions.
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Vice Chair Russell: Give us them one more time, please, Mr. Chair.
Chair Hardemon: So it will be the consent agenda, so CA.1; PH.2; PH.6, 7, 8, 9; and
RE.9. There's some other things I know can be added, but I just want -- If there's a
request to add something else, let's do it now.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved; seconded by the Chair. Any further
discussion on those items? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes. And what I'll do is we'll go -- come
back from lunch at 3 o'clock, so we'll re -adjourn [sic] at 3 o'clock. This meeting is
adjourned -- I'm sorry -- in recess.
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00:0144[4d:I;re1Nl►[*9
PHA
RESOLUTION
2864
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SELL
Community and
THE CITY OF MIAMI OWNED PARCEL OF LAND LOCATED AT
Economic
1812 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE
Development
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, TO YOLO MIAMI, LLC ("YOLO") FOR THE
CONSTRUCTION OF AN AFFORDABLE HOUSING PROJECT IN
ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AND ANY AND ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Notes for the Record. Item PKI was deferred to the January 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PH.], please see "Order of the Day. "
PH.2 RESOLUTION
2968 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), APPROVING A CHANGE IN THE PROJECT
Community and BASED OPERATING SUPPORT ALLOCATION OF PROGRAM
Economic YEAR 2017-2018 HOUSING OPPORTUNITIES FOR PERSONS
Development WITH AIDS ("HOPWA") PROGRAM FUNDS, AS SPECIFIED IN
ATTACHMENT "A," ATTACHED AND INCORPORATED;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0495
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT.
Suarez
Note for the Record. For minutes referencing Item PH.2, please see "End of
Consent Agenda. "
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PH.3
RESOLUTION
2969
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM
Community and
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS
Economic
GENERATED FROM MAY 1, 2017 TO AUGUST 31, 2017 IN THE
ABSENT:
AMOUNT OF $639,350.93 TO THE CATEGORIES SPECIFIED IN
Development
ATTACHMENT "A," ATTACHED AND INCORPORATED;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE(S).
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Frank Carollo, Commissionei
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Caro
ABSENT:
Suarez
Notes for the Record: Item PH.3 was continued to the November 16, 2017, Regular
Commission Meeting.
For additional minutes referencing Item PH.3, please see "Order of the Day. "
Chair Hardemon: Okay, I want to come back to our regular Commission meeting.
Right now we have -- The first item on the agenda that we have not taken care of is
item PH. 3.
George Mensah (Director, Community and Economic Development): This is PH 2?
Chair Hardemon: 3.
Commissioner Carollo: 3.
Mr. Mensah: PH.3. Okay. George Mensah, director, Community and Economic
Development. PH.3 is a resolution authorizing allocation of program income from
Community Development Block Grant funds generated from May I to August 31,
2017, in the amount of $659,750 to the categories specified in Exhibit "A, " and those
categories are: For public service activities, 95,102; for program administration,
127,870; and for the small multi family emergency rehabilitation program, 415,578.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Thank you, Mr. Chairman. And if you notice, I'm showing as
a sponsor on this. That is because I work with Mr. Mensah regarding the emergency
loan program; especially now, with the issues that we had with Hurricane Irma.
However, Mr. Mensah, what I tried to review today and I didn't see here is that I don't
see the actual documentation of what does the small multi family emergency
rehabilitation loan program includes. It's not here in the backup --
Mr. Mensah: There --
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Commissioner Carollo: -- and let me go a step further. I'm seeing here that it's
95,000 for public services activities, which I agree, but which public services
activities? It's not listed. You understand?
Mr. Mensah: No. Every -- As you can see, it's for 2018/2019. The regulations for
CDBG (Community Development Block Grant) states that program income and this
year can only be used the following year. So since this program income is being
allocated today, we cannot use it in this year's allocation. What we do is that we add
it to next year's allocation and we distribute it next year.
Commissioner Carollo: Right. But that's not my question. My question is what is it
going to be allocated for, itemized? Like, I understand it's going to be public service,
but public service could be transportation, public service could be meals for the
elderly.
Mr. Mensah: Yes.
Commissioner Carollo: So what public services are we doing? And I don't see it
here.
Mr. Mensah: No. We --
Commissioner Carollo: You understand what I'm saying?
Mr. Mensah: -- don't -- As you know, Commissioner, while we do public services that
we allocate throughout the districts, the five districts, and each Commissioner -- a
district decides on where they want to put their public service.
Commissioner Carollo: Right. But I don't see that here. I don't see that this 95, 000
is going to be distributed between five districts and --
Mr. Mensah: Because we can't do it today, because we can only do it for next year, in
2018/2019, by regulation of HUD (Department of Housing and Urban Development).
Commissioner Carollo: Understood. But we -- you can't have already the programs
and the different agencies and so forth for --
Mr. Mensah: No.
Commissioner Carollo: -- next year?
Mr. Mensah: No, no, no.
Commissioner Gort: Why not?
Mr. Mensah: Because of the fact that we have to -- before we do this, we have to do
public hearing. As you know, every year, we go to every community and we ask them
what do they want these funds to be used for. So I cannot allocate next year's funds
until I have an annual meeting with all the community.
Commissioner Gort: So what you're saying, all this allocation will be for next year's
fund?
Mr. Mensah: Yes. That particular public service fund is for next year's money.
Commissioner Carollo: Do you have anything explaining what the small multi family
emergency rehabilitation loan program is?
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Mr. Mensah: Yes. We do it in --
Commissioner Carollo: Because I don't see it here.
Mr. Mensah: No. It's not part of this. This is -- that's from November 16. We do it in
two parts. One is allocating the money and the second one is approving the program,
because we have 30 days to be able to do that. This is a new program, and that is the
reason why I sent it to your ojFce so that you can take a look at what it is, but it's part
of the agenda for November 16.
Commissioner Carollo: And I want it to be part of the backup so we know exactly
what it is, because we're approving, you know, 450, 000, more or less, for that
program, but we really don't know what that is, if that's approved later, you know? I
mean --
Mr. Mensah: Well, this -- Commissioner, this is only allocating the money. If you
want us to defer the item and bring it back next -- November 16, we can definitely do
that.
Commissioner Carollo: I'll yield to my colleagues. I just -- you know. And listen,
just so you see that I vet my own, you know, items --
Chair Hardemon: Yeah.
Commissioner Carollo: -- you know, because I'm the sponsor, but I'm the first one
who's -- I won't say "criticizing it, " but I'm actually -- I'm vetting it. I'm saying, "Hey,
wait; okay, wait a second, "you know. I'm putting my colleagues in this position. I
want to know exactly what that is. And again, Mr. Mensah, I just want to make sure
everything is clear. I want the program to be in here and so forth so we could know
exactly, okay, this is what these monies will be used for. You understand what I'm
saying?
Mr. Mensah: I understand. I just -- like I told you, we have two processes. One is to
allocate the money, and the second one is to approve the funds. We separated it
because of the fact that we didn't have the 30 days' notice requirement done before
this item, and that's the reason why we did separate it. But the item itself was done,
and that's the reason why I sent it to you so you can see what the item look like. What
we discussed in terms of the amount of money and everything was the same.
Commissioner Carollo: Right. But one thing is that -- let's say it's a draft --
Mr. Mensah: Yes.
Commissioner Carollo: --per se.
Mr. Mensah: Exactly.
Commissioner Carollo: And one thing is, hey, this is what's in here, this is what this
money is for. So listen, I -- you know, I'll yield to my colleagues and to what they
believe.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: My understanding is you stated in there the allocation so the
450, 000 is going to be going to the -- Is that the one you're discussing? Right?
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Commissioner Carollo: Yes, yes.
Commissioner Gort: It's going to go by the district, divided equally among the
district, or whatever rule you have used in the past.
Mr. Mensah: For the emergency rehabilitation, no. It will be just like our single-
family, to be based on application.
Commissioner Gort: Right.
Mr. Mensah: So if anyone throughout the City has damage caused by Irma and they
haven't received any insurance money for, we can provide them funding for up to
$80,000.
Commissioner Gort: In other words, this program would -- One of the things we
asked about is we have a lot of people own -- we want to maintain ownership. We got
a lot of people that cannot afford to take care of some of the violations that they need
to do with their home, and I think this is how those funds are going to be used, so I
don't have any problem in making the motion to approve it; and if possible, if you can
have the -- some kind of a draft that you can give Commissioner Carollo so he could
be aware of it, of how it was done in the past, what is the criteria that are going to be
used for all these programs.
Chair Hardemon: So --
Commissioner Gort: You have criteria for all this. Also, I'd like to recommend
maybe you guys should be involved in talking to these property owners to make sure
that the -- anything took place during the hurricane, they can go to the right place to
claim, also. Okay?
Chair Hardemon: So part of the reason that I ended up putting this as one of the
items that I would look forward for deferral was because the lack of information, and
we're taking a lot of money and we're directing it to one type of thing.
Mr. Mensah: (UNINTELLIGIBLE).
Chair Hardemon: Right. So, for instance, if -- There are grants and loans that are
available right now to people, because of the category that South Florida is in right
now, and it has been declared a disaster, I believe; it's a disaster. I think that's what's
been declared. And so, it's open up now for people to apply to FEMA (Federal
Emergency Management Agency) and some other --
Mr. Mensah: Yes.
Chair Hardemon: -- I think some other different agencies --
Mr. Mensah: Yes.
Chair Hardemon: -- to get loans and grants. And so, if there is someone already
doing this, I feel like we should be doing something different; give them a different
resource. And then, the second part is, you know, I don't want to give my
homeowners loans, you know? If we're going to give anything, let's give them grants.
This is government money. Give it to them. And so, you know, I have that type of
issue, as well. And then, third, when things are left up just generally for the entire
City, sometimes it puts us in a position where one district can have much more -- can
derive much more of a benefit from it than other districts, and I don't want to see that
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City Commission Meeting Minutes October 26, 2017
happen, as well. I want people to have a fair opportunity to have improvements in
their homes if they've had some destruction to their homes and --
Mr. Mensah: Commissioner --
Chair Hardemon: -- I don't want to, you know, reinvent the wheel by offering a
service that's already available somewhere else.
Mr. Mensah: Okay. Commissioner, I want to answer your question. We are required
by regulation to make sure that before we give any funds to this -- any person who
said they have damage by Hurricane Irma, we have to make sure they haven't
received any funding from any other agency. I receive from FEMA on a weekly basis
anyone that has asked for money from FEMA. They send it to my office. And so,
before we can give any money to residents, we're supposed to check that list; make
sure that person hasn't received that money; if they received that money, how much
have they received. And after we've checked that, then we can be able to see what
work is needed to be done and how much extra money they need. So if they've already
received funds to correct by another government agency, no, they will not qualify.
Chair Hardemon: So let me ask you a question.
Mr. Mensah: So that's the first one.
Chair Hardemon: So one of the things that we talk about, especially for the bond
issuance, I talked about resilience, making our homes more resilient, which means to
me, it puts homes that have been -- that were produced in Miami in the early 1900s in
a position where you have new HVAC (Heating, Ventilation, and Air Conditioning)
systems; you have hurricane proof windows. They are more hurricane resistant, and
you want these homes to survive major storms. Is it possible to be able to use funds
like this to help make homes more resilient?
Mr. Mensah: We're already doing that.
Chair Hardemon: Right. Okay.
Mr. Mensah: When we come to -- when we do on our single-family -- You see, this is
for multi families. On our single-family programs, that's what we use the funds to.
When we come to your house, we will change your -- We get the impact windows, we
will change the HVACs to be current, and then we will change the electrical to be to
current Code; that's what we're required to do, and we have funds that we use that
for. What we are missing in the City of Miami is the fact that people --small multi-
family buildings from five to 20 units, they don't get any other help from anywhere, so
this is our idea to help them in case they have damage. Now if they don't have any
damage, if they received funding from insurance or from FEMA to correct these, then
they don't receive these funds.
Chair Hardemon: So, you know, one word makes a big difference --
Mr. Mensah: Sure.
Chair Hardemon: -- because I didn't -- You know, the whole time, I kept thinking
about a single-family home; but you're right, this is multi family.
Mr. Mensah: Yes, sir.
Chair Hardemon: So most of these are investment properties --
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Mr. Mensah: Yes.
Chair Hardemon: -- that they're using for --
Mr. Mensah: Yes.
Chair Hardemon: -- rental.
Mr. Mensah: Yes.
Commissioner Carollo: That's why I -- because I -- originally, it was only for single-
family homes, and I brought up the issue that there's a lot of multi family homes that
people are still residents of our City, and are having issues. But that's why I wanted
that to be as a backup so that you could have read that, you could have seen exactly
what we were doing.
Chair Hardemon: So I --if he -- if you're fine with the deferral, I mean, I'm fine with
the deferral to get more information so that we kind of can --
Commissioner Carollo: I mean --
Mr. Mensah: It's on the November 16 agenda.
Commissioner Carollo: -- I could go either way.
Mr. Mensah: So --
Commissioner Gort: No, I don't have any problem with it.
Chair Hardemon: Hmm?
Vice Chair Russell: He's withdrawing the motion.
Commissioner Gort: If you guys want a deferral, I don't have any problem with it.
Chair Hardemon: Okay. He said he doesn't have a problem with the deferral. All
right.
Mr. Mensah: We don't have a problem deferring it.
Commissioner Carollo: To November 16.
Mr. Mensah: Yes.
Commissioner Carollo: Okay.
Chair Hardemon: Okay.
Vice Chair Russell: He's moving -- He withdrew his motion.
Commissioner Carollo: I'll move to defer it to November 16 then.
Chair Hardemon: It's been properly moved; seconded by the Chair to defer it to
November 16. Any further discussion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
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Chair Hardemon: That motion carries.
PHA
RESOLUTION
2760
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Community and
CONVEY, WITH PARCEL REVERTER PROVISIONS, CERTAIN
Economic
CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED
Development
BETWEEN NORTHWEST 13TH AND 15TH STREET AND
NORTHWEST 61ST AND 62ND AVENUE, MIAMI, FLORIDA, TO
THE DEVELOPERS DESCRIBED IN "ATTACHMENT "A,"
ATTACHED AND INCORPORATED, AFTER RESPONDING TO A
REQUEST FOR PROPOSALS ISSUED NOVEMBER 21, 2016 BY
THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT FOR THE DEVELOPMENT OF
AFFORDABLE/WORKFORCE RENTAL HOUSING IN
ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED
FORM(S), AND ANY AND ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Notes for the Record. Item PK4 was continued to the November 16, 2017, Regular
Commission Meeting.
For minutes referencing Item PK4, please see "Order of the Day. "
Citv ofMian ni Page 39 Printed on 1211812017
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PH.5 RESOLUTION
2896 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
CITY MANAGER'S RECOMMENDATIONS AND FINDING,
ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT MEYGA
LEARNING CENTER, INC., A FLORIDA NOT FOR PROFIT
CORPORATION ("MEYGA"), IS THE MOST QUALIFIED FIRM TO
CONTINUE TO PROVIDE ACADEMIC ENRICHMENT; ARTS AND
CRAFTS ACTIVITIES; PHYSICAL FITNESS; SOCIAL SKILLS,
INCLUDING ANGER MANAGEMENT, CONFLICT RESOLUTION,
AND SELF-ESTEEM ENHANCEMENT; MENTORING, AND
RECREATIONAL ACTIVITIES AT AFRICAN SQUARE PARK;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROGRAMMING PARTNERSHIP AGREEMENT
("PPA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING
AS OF AUGUST 21, 2017 THROUGH AUGUST 20, 2020 WITH THE
OPTION TO RENEW FOR UP TO TWO (2) CONSECUTIVE THREE
(3) YEAR PERIODS FOR A TOTAL OF NINE (9) YEARS UNDER
THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION
LETTERS AND TO NEGOTIATE AND TO EXECUTE THE
NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS,
RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY AND BOND COUNSEL, TO IMPLEMENT
ACCEPTANCE OF AND COMPLIANCE WITH SAID PPA.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item PK 5, please see "Order of the
Day. "
City ofMiarni Page 40 Printed on 12/18/2017
City Commission Meeting Minutes October 26, 2017
PH.6
RESOLUTION
3061
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Commissioners
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
and Mayor
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF
MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE
OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT
NOT TO EXCEED $5,000.00 TO MIAMI POWER HOUSE CHURCH,
INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR MEALS
AND SERVICES TO PARTICIPANTS IN THE RESTORATION
HOMES PROGRAM; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0496
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo
ABSENT: Suarez
Note for the Record. For minutes referencing Item PK6, please see "End of
Consent Agenda. "
PH.7
RESOLUTION
3062
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF
MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE
OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT
NOT TO EXCEED $ 10,000.00 TO LITTLE HAITI FC, INC., A
FLORIDA NOT FOR PROFIT CORPORATION, TO SUPPORT
COMPETITIVE SOCCER TEAMS FOR BOYS AND GIRLS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0497
City ofMiarni Page 41 Printed on 12/18/2017
City Commission Meeting Minutes October 26, 2017
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. For minutes referencing Item PH. 7, please see "Public
Comment Period for Regular Item (s) " and "End of Consent Agenda. "
PH.8
RESOLUTION
3070
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ABSENT:
ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF
MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE
OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT
NOT TO EXCEED $10,000.00 TO JESUS CHRIST ARCH ANGELS
LIBERTY SQUARE INC., A FLORIDA NOT FOR PROFIT
CORPORATION, FOR THE AFTER-SCHOOL SNACK PROGRAM;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0498
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. For minutes referencing Item PK8, please see "End of
Consent Agenda. "
City ofMiarni Page 42 Printed on 12/18/2017
City Commission Meeting Minutes October 26, 2017
PH.9
RESOLUTION
3125
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ABSENT:
ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF
MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE
OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT
NOT TO EXCEED $ 5,000.00 TO THE JOSEFA PEREZ DE
CASTANO KIDNEY FOUNDATION, INC., A FLORIDA NOT FOR
PROFIT CORPORATION, TO PROVIDE SOCIAL SERVICES AND
MEALS CITY-WIDE TO LOW-INCOME ELDERS ON DIALYSIS
TREATMENT; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0499
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. For minutes referencing Item PK9, please see "End of
Consent Agenda. "
END OF PUBLIC HEARINGS
City ofMiarni Page 43 Printed on 12/18/2017
City Commission Meeting Minutes October 26, 2017
MMI&I*K%]kiloil NmrilI]1►[eye]NI]IkgMkiIs] *?
SRA
ORDINANCE Second Reading
2889
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE
Commissioners
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
and Mayor
"POLICE/TOWING AND IMMOBILIZATION OF MOTOR
VEHICLES/IMMOBILIZATION OF MOTOR VEHICLES," MORE
PARTICULARLY BY AMENDING SECTIONS 42-117 THROUGH 42-
118 TO CLARIFY EXISTING REQUIREMENTS AND PROVIDE
ADDITIONAL REGULATIONS RELATING TO THE
IMMOBILIZATION/BOOTING OF MOTOR VEHICLES ON PRIVATE
PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Notes for the Record. Item SR.] was continued to the November 16, 2017, Regular
Commission Meeting.
For additional minutes referencing item SR.], please see "Order of the Day" and
"Public Comment Period for Regular Item(s). "
Chair Hardemon: All right. Madam City Attorney, can you read into the record
SR. 1 ?
Victoria Mendez (City Attorney): Thank you, Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: I think someone said they wanted to discuss this, right?
Vice Chair Russell: Yes, please.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you very much. I'm very glad we're taking on this issue.
This is something that's bothered me for a very long time, and it obviously addresses
the issue of predatory parking enforcement, which has really upset a lot of our
residents. This is a service that's absolutely necessary, but it needs to be motivated
properly, incentivized properly so the -- an outcome is what we hope. If we are
creating a culture or philosophy that has the business model intending for people to
mess up, make a mistake, be a little late for their parking and it ruins their night with
an $80 ticket, and waiting around for someone to remove a boot, the punishment
doesn't fit the crime, and I've said that before, so I'm glad we're addressing that. We
want to be very careful of the potential of unintended consequences, though, if we're
not creating -- if we're creating an un -level playing field between booting and towing,
City of Miami Page 44 Printed on 1 211 812 01 7
City Commission Meeting Minutes October 26, 2017
so I'm a little concerned that we're taking on booting without addressing necessarily
some of the potential same or similar issues within the towing industry to where what
ends up happening is you're choosing a lesser of two evils, to say -- not to say
anybody's evil in this case, but -- you know. And that may have a negative unintended
consequence. Furthermore, I have an issue with the fact that the City collects a fee
per boot; yet, we don't necessarily have a specific expenditure that we use this fee for.
And I'm a little worried from a legal perspective if we're just collecting this and it
goes into the general fund; and so, it could be going toward anything, because I've
been asking now for the last two weeks, "How much have we collected on this and
where has it gone?" and it doesn't seem that we have it going directly to Code
Enforcement of, you know, booting lots, private lots, or anything like that. So I've
been thinking about it. If there's a way that we want to reduce the per -boot cost to the
end user, why don't we take the City out of that equation in terms of the fee we collect
per boot, and we charge, whether it's the lot themselves or the booting company, an
annual fee per lot that allows us a fund to service those lots in terms of enforcement
for signage and everything else? That way, we're not in the game of profiting off of
the misfortune of the residents if they make a mistake. Granted, for people who
violate or are in flagrant violation of parking, they deserve to get hit. But the most of
what I hear -- and I hear a lot of it -- is residents who are five minutes late from the
movies or didn't display the ticket properly, and it's just too much. So that's one
suggestion, and based on that, I'd like to keep looking at this to get it right, because I
don't think it's quite right. I'm worried if we lower it so much -- if it's literally putting
the booting companies out of business, which brings in towing, it's a concern. I love
the idea of lowering the fee, but maybe there's a way to do it by cutting the City's
portion out of that fee more so that the booting companies have the space to operate
properly. My other issue is signage. I really want to see signage that -- you know,
something that cannot be unrecognized from a distance; that this is -- you know -- "Be
careful, you're going to get booted in this lot. "
Chair Hardemon: The donut tire, right?
Vice Chair Russell: Yeah; versus a bunch of text in small --you know -- the fine print
that someone's not going to pay attention to when they're pulling into a lot. This
needs to be so transparent to our residents and it needs to be uniform throughout the
City on these private lots so that they're getting into something. So I think we're in the
right direction; I just don't know that we're there yet. I -- and that's why I would ask
for a deferral with these -- or at least to look at these things, because we're already on
second reading here. So -- and I know Commissioner Carollo had some potential
amendments, as well.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. I don't have a problem with the
way you want to -- let's say pose certain fee. My issue: How do you come up with
that amount that's fair? So if there's a different way of calculating it, I don't have a
problem with it. I just want to know that it's reasonable; that it's viable. The two
issues that I have, one I'm going to bring up now. Thanks to Univision and a local
news reporter that did the investigation, it also revealed the failure of properly
informing motorists of the vehicles being booted, and there wasn't anywhere where
they could complain to. So I would like to see language in Section 42-118(Al) that
stipulates -- And if you go there, you'll see that there's itemized -- let's say bullet
points. I would like a bullet point that would say, "Any telephone number which has
been designated as the office, department designee within the City responsible for
receiving complaints with respect to booting. Such complaints shall be addressed by
the City Manager or designee, as provided in Section 42-118(k). " So that's an
City of Miami Page 45 Printed on 12/18/2017
City Commission Meeting Minutes October 26, 2017
amendment that I would like to see. And another bullet point right under that should
be, "No charge shall be imposed for the booting of a vehicle unless and until the
requirements of this section have been met. Any" -- "And any such unlawful charge
shall be reimbursed by any person found to have violated this section." In other
words, if you didn't put the name and number of the person to contact if you have a
complaint, guess what? That's a voided ticket.
Commissioner Gort: No one to hear it.
Commissioner Carollo: So they don't have to pay for it. And believe it or not, that's
how the -- which is here -- Erica Rio (phonetic) was able to get a lot of people's
reimbursement for the booting, because there's -- there was supposed to be certain
notices on there, and there was not. So I want to make sure that those two are taken
up either today or when this is heard again, if it is deferral -- if it is deferred; I'm
sorry. Another issue I have -- and you touched upon it -- it also includes the towing
companies. Back in 2015, our Auditor General did an audit on the towing companies,
and ironically enough, he found things that I have been -- I have requested now. It
was a centralized tracking system or integrated billing system. In his report, it was
answered by the Administration, and it stipulated that they would implement that by
February of 2016. It was not. In December 8, 2016, I brought a -- I brought the issue
up again, because this centralized tracking system or integrated billing system should
be used for -- and this is out of another audit from our Auditor General -- should be
used to track off-duty pay. That was supposed to be implemented sometime this year.
I haven't heard of it being implemented. So here's the problem that I have: When I
requested that we include a centralized tracking system or an integrated billing
system -- so in other words, once you're going to boot a car, you have to put it into the
system. The City of Miami gets it in real time so we know that a car's being booted;
we know that money is owed to us, and we know what's going on. I appreciate the
Administration putting it on the ordinance; however, if you look at Number I (S), it
stipulates, "Upon procurement by the City of an electronic centralized reporting
system, the immobilization booting contract shall be required to submit such
information electronic format to the City's centralized reporting system. " Here's my
problem: "Upon the procurement by the City" --we've been at this for --since 2015,
and it still hasn't been done. So, you know, if we're not going to take our auditor's
report seriously and his recommendation seriously, I mean, we're just going around
in circles. So this is the same system that now we could use for booting that we could
have used for off-duty, that we could have used for the towing companies, and we
should be using for them. We haven't used it. So from what I've seen, we don't have it
for the towing, we don't have it for the off-duty, we don't have it for the booting, so we
continue to be in this circle that -- Listen, the recommendations are there and the
Administration isn't following it or hasn't been able to follow it, and that's why I see
that there's an issue, and unless we get this issue resolved, this is just going to
continue. That's the issue that I -- that's a bigger issue that I have with this.
Chair Hardemon: So is there a clear motion for deferral?
Vice Chair Russell: I'll move it.
Chair Hardemon: (UNINTELLIGIBLE) the motion.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: Before we defer, I'd like to ask the Administration, where are
we in the process of procurement for a centralized reporting system? By the way, if
you look at the audit report from our Auditor General with the towing, dated
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City Commission Meeting Minutes October 26, 2017
September 17, 2015, if you look at Recommendations 3. 1, it clearly stipulates that
recommendation; and if you look at when -- implementation date, it clearly states, "A
fair estimate of research, acquire, implement and test, this type of system will require
approximately 90 days, at the minimum, starting in October. We will hope and be
able to test in February 2016." We're now in 2017, October 2017, and we still don't
have it.
Chair Hardemon: You're recognized, ma'am.
Annie Perez: Thank you. Annie Perez, director of Procurement. The towing software
has been procured. It is under the cone of silence right now. It was done as an
invitation to bid. It was sort of an off-the-shelf kind of software. We had to do
extensive market research. We thought we had a vendor that was a sole source. We
did market research; realized that there were a lot of vendors that provided almost
the same services. So we are in the process of finalizing due diligence, so we'll
probably be bringing it to Commission in December.
Commissioner Carollo: And would that system also be used for booting? It's the
same type of system; maybe a different type of software, but it's the same type of
system where you input and in real time, the City of Miami, in a centralized location,
receives the information.
Ms. Perez: It's a --
Commissioner Carollo: Same concept.
Ms. Perez: -- system that's for all immobilization, so I do believe so, yes.
Commissioner Carollo: Okay. So -- and that's where I want some clarity, to see
exactly when we're going to have this, because we've been at this for a couple years
now, or a little more than that.
Ms. Perez: Okay.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: My suggestion on the research and the cost of the booting, I
think there's plenty of cities, they have implemented the same regulations that we
have, and we could look at what their prices were as the average, so -- because we
want to receive some information. What is the right charge? And those -- how those
funds should be used, I think is very important, also.
Chair Hardemon: So right now there's a motion to defer. Is there a date certain that
we want to defer it to or which meeting?
Vice Chair Russell: I think we're packed in November, yeah?
Chair Hardemon: Yes, we are.
Commissioner Carollo: I would defer it to November.
Commissioner Suarez: Mr. Chair, ifl may?
Chair Hardemon: You're recognized.
Commissioner Suarez: So I'm just going to add a little bit to it. One concern I have is
the City fee. I know you talked about sort of reorganizing it. I don't think in, you
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City Commission Meeting Minutes October 26, 2017
know, changing the fee amount that we should negatively impact the City. You know,
in terms of consumer protection, like you said, I agree with you that, you know, the
tragedy of this is you're five minutes late, and all of a sudden, you have this boot. And
it's not only the money, which is obviously expensive, but it's also the inconvenience.
Now you're -- that means you're sitting therefor --
Unidentified Speaker: 10 minutes.
Commissioner Suarez: -- who knows how long? And so, God knows, if you have an
emergency, if you have to go somewhere, whatever the case may be, it creates sort of
a double whammy for the person. It definitely ruins your day. So I don't know if we
should explore potentially grace periods, you know, where it can't just happen right
away; like it happens, you know, on minute one. Maybe it should -- there should be a
15 -minute grace period or something that would sort of act as a consumer protection
in case you mis-time something.
Chair Hardemon: Free parking.
Commissioner Suarez: What's that? No, I --like sometimes --
Chair Hardemon: That's just -- that's free parking.
Commissioner Suarez: Well, I agree and I hear you, and that's the thing. That's why
-- Like my issue is like, for example, with Pay -by -Phone, which I got to give Mr.
Noriega a lot of credit for bringing Pay -by -Phone to Miami, you know exactly in your
phone when -- Actually, you get a notice before your parking expires. It tells you,
"Hey, you need to replenish your amount of money, " so that if you all -- you know, if
you inadvertently -- if you got beyond it, I think you've gotten notice of the fact that
you --and you have an opportunity on your phone to do it. So I don't know what the
right answer is, but I do think -- You know, in most cases, remember, you just get a
ticket. You pay the ticket whenever you can. In the case of a boot, it's --you're not
going anywhere for a while. It's like that Snick -- it's like a Snickers commercial, you
know, not going anywhere for a while. You're not going anywhere for a while. So go
ahead.
Commissioner Carollo: Mr. Chairman, ifI may?
Chair Hardemon: Yes.
Commissioner Carollo:
And Commissioner Suarez, that's exactly what I want to do
with a centralized tracking system.
Commissioner Suarez:
Of course; makes sense.
Commissioner Carollo:
So instead of the phone, it --
Commissioner Suarez:
Makes sense.
Commissioner Carollo: -- the City then gets a --
Commissioner Suarez: For accounting purposes, of course.
Commissioner Carollo: Exactly, for accounting purposes. And that's what we should
have in real time. So that's why --just with a towing company, when they're going to
tow a car or a booting company, when they're going to boot a car, they should be able
to put it into the computer system where, instead of a phone that you get it
automatically, the City receives that information --
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Commissioner Suarez: Right.
Commissioner Carollo: -- in real time.
Commissioner Suarez: But my -- and that's from an accounting perspective. In terms
of our fee, I think that's essential.
Commissioner Carollo: Mm-hmm.
Commissioner Suarez: But the second piece to it is the consumer, is the person who is
Commissioner Carollo: Exactly.
Commissioner Suarez: -- parking in a lot. And so, I would actually like, Mr. Noriega,
if you could maybe talk to some of these companies and explore the possibility of
going on the Pay -by -Phone platform, because that is -- I mean, we haven't talked
about this before, but there's got to be a way to notes people who are using these
systems, "Hey, you're about to go past the system, and you've got now IS minutes.
You can replenish it, " or whatever, 'you got to get back to your car, " but some way so
that it's not so draconian, and maybe that it's not free, like the Chair said, you know,
where if you do a I5 -minute grace period, then in effect, you're giving people free
parking for a period of time.
Art Noriega: Art Noriega, Miami Parking Authority. I'll certainly explore that with
them. We've had a couple of meetings with all the various booting operators to solicit
ideas. We talked about the original content of the legislation; got feedback. We came
to some consensus on most of the issues; a couple of which are still missing, kind of,
from the legislation, which I think I agree a deferral's probably the best resolution for
today. I think that it still needs some more work, but the intent was to sort of tighten a
little bit some of the regulation on the booting operators, make the cus -- The entire
intent of the revision in the legislation was to make the consumer experience better,
right? Proper signage, proper notification; proper ability to be able to locate that
booting operator through either a phone system, if you had issues; a way to report it,
a way to notes the police department through some sort of system. So that was the
intent. I think we still need more work on it, so, I mean, I would agree, you know, but
I'll take that into consideration when we talk to them again.
Chair Hardemon: Okay. We still need to decide upon a date for this motion to have
some substance.
Vice Chair Russell: Commissioner Carollo preferred November --
Commissioner Carollo: November.
Vice Chair Russell: -- so he could be involved.
Chair Hardemon: All right. Are there any -- I know that the City Attorney's Oice
been -- has been saying the number of items that is on the next agenda. Excuse me, I
forget, but I know that there's -- sometimes there's a point in which it triggers that we
must --
Commissioner Carollo: Mr. Chairman --
Commissioner Suarez: Limit; there's a limit.
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City Commission Meeting Minutes October 26, 2017
Commissioner Carollo: -- Mr. Chairman, I think --
Chair Hardemon: There's a limit, okay?
Commissioner Carollo: -- I believe it's 60 items; however, with -- the City
Commission can waive that.
Commissioner Suarez: And I would also remind the Commission that the November
agenda and December agendas are two in one, so you always have a more
voluminous --
Commissioner Carollo: Exactly.
Commissioner Suarez: -- agenda on those -- in those meetings, for obvious reasons.
George Wysong (Assistant City Attorney, Supervisor): There's 67 items presently
before this one.
Commissioner Carollo: Right. So we're already over the limit; however, the City
Commission could waive that. And remember, it's one meeting in November.
Chair Hardemon: Okay. So I'm assuming, then, this vote would --
Commissioner Carollo: Make it 68.
Chair Hardemon: -- act as a waiver, now bringing it to 68.
Commissioner Carollo: Sure.
Vice Chair Russell: You don't need a separate motion, so move for -- defer it till
November 16, please.
Chair Hardemon: All right. It's been properly moved and seconded by
Commissioner Carollo that we defer it to the November -- continue it to the November
meeting. Any further unreadiness about that? Seeing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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SR.2
ORDINANCE Second Reading
2961
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 62, ARTICLE XV OF THE CODE OF THE CITY OF
and Mayor
MIAMI, FLORIDA, AS AMENDED, ENTITLED "GROUP HOMES,"
TO ESTABLISH A CITYWIDE REQUIREMENT THAT CITY
FUNDED AFFORDABLE SENIOR HOUSING, NURSING HOMES,
ASSISTED LIVING FACILITIES ("ALFS") CATERING TO THE
ELDERLY, AND OTHER SIMILARLY SITUATED CITY OF MIAMI
SUBSIDIZED ELDERLY LIVING UNITS, AS DEFINED BY
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
("HUD") GUIDELINES, BE EQUIPPED WITH PROPERLY
FUNCTIONING GENERATORS WITH ADEQUATE FUEL
CAPABLE OF CONTINUOUS USE TO POWER ESSENTIALS,
INCLUDING BUT NOT LIMITED TO, ELEVATORS, LIGHTS,
EMERGENCY ALARMS, AND AIR CONDITIONING ("A.C.") IN THE
CORRIDORS OF THE FACILITY; AND PROVIDING THAT
RESIDENT ATTENDANTS/STAFF TO THE ELDERLY SHOULD BE
ON SITE WITHIN 24 -HOURS OF A HURRICANE OR STORM'S
PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE
THE ADEQUATE CARE OF OUR SENIOR RESIDENTS IN THE
AFTERMATH OF HURRICANES AND MAJOR STORMS
RESULTING IN WIDESPREAD POWER OUTAGES.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Frank Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Notes for the Record. Item SR.2 was continued to the November 16, 2017, Regular
Commission Meeting.
For additional minutes referencing Item SR.2, please see "Order of the Day" and
Public Comment Period for Regular Item(s). "
Chair Hardemon: Can you read into the record SR.2, please?
Commissioner Carollo: Mr. Chairman --
Chair Hardemon: Yes.
Commissioner Carollo: -- I'm going to request a deferral on SR.2, and the people
that came and spoke that they wanted to be able to vet it some more, please reach out
to my office. I am intending to bring it to the November meeting and take a vote on it,
okay? Take it either up or down, because in all fairness, this did come because of
Hurricane Irma, and I think we really need to put legislation in place for the
protection of our residents.
Unidentified Speaker: Absolutely. We'll reach out.
Commissioner Carollo: Okay. So please reach out.
Chair Hardemon: The motion --
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Commissioner Carollo: And I'll defer SR.2 to the November 16 Commission meeting.
Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion parries -- passes.
Commissioner Gort: Mr. Chairman.
Vice Chair Russell: Commissioner Gort.
Chair Hardemon: Please.
Commissioner Gort: I have a very similar thing. Commissioner Carollo was talking
about the properties that being financed by the City of Miami. I have the same thing.
Although we might not have finance in those buildings that are going to be built or
have been built already, we would have -- we had a lot of problem during the
hurricane. And I asked the industry to sit down -- I've met with a couple of them --
come up with ideas. I mean, this is your business. You should be able to protect your
residents and you should be able to be --protect your clients. So mine was going to
be deferred -- Remember, I'm not going to be here on the 16th; I already mentioned
it, so I just wanted to let you know. Maybe somehow we can --
Commissioner Carollo: And Mr. Gort -- Commissioner Gort, I actually reached out
to some of the companies and I had some of their ideas. I didn't reach out to every
single one, so that's why I'm letting them know. If you want to discuss it or so forth,
contact my office, because I did reach out. I'm -- and as a matter of fact, even as --
yesterday, I was talking to another one of the companies, and I think they saw that I
vetted this pretty well. I'm ready to have any discussion that you feel you may need.
Commissioner Gort: Okay.
Chair Hardemon: Okay.
SR.3
ORDINANCE Second Reading
2428
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Department of
AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," BY
Public Works
AMENDING SECTION 55-1, ENTITLED DEFINITIONS, TO ADD
DEFINITIONS, AND SECTION 55-10, ENTITLED "BUILDING
PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO
REMOVE THE PROHIBITION ON THE ISSUANCE OF A
TEMPORARY CERTIFICATE OF OCCUPANCY PRIOR TO
COMPLETION OF ALL SUBDIVISION IMPROVEMENTS FOR
PHASED PROJECTS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13702
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: SR. 3, read it into the record, please.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there a motion to approve this item, or any discussion on the
item, or a motion to --?
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded to approve this item. Any
further discussion on the item? Seeing none, all in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
SRA
ORDINANCE Second Reading
2905
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/SECTION 62-535 OF THE CODE OF THE CITY OF
Commissioners
MIAMI, FLORIDA, AS AMENDED, ENTITLED PLANNING AND
and Mayor
ZONING/TEMPORARY USES ON VACANT LAND," BY
MODIFYING REQUIREMENTS FOR TEMPORARY USES ON
VACANT LAND THAT HAVE BECOME INCREASINGLY POPULAR
THROUGHOUT THE CITY OF MIAMI; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Notes for the Record. Item SR.4 was deferred to the December 14, 2017, Regular
Commission Meeting.
For minutes referencing Item SR. 4, please see "Order of the Day. "
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SR.5
ORDINANCE Second Reading
2993
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 13/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
and Mayor
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
"DEVELOPMENT
IMPACT AND OTHER RELATED
FEES/DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE," BY
UPDATING THE DEFINITIONS; UPDATING THE COEFFICIENTS
UPON WHICH THE DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT ("DDRI") SUPPLEMENTAL FEE IS ESTABLISHED;
UPDATING THE ASSOCIATED ANNUAL ADJUSTMENT FACTOR;
UPDATING REFERENCES TO THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AND ELIMINATING REFERENCES TO AN OUTDATED ZONING
CODE; UPDATING REFERENCES TO THE CONSOLIDATED
APPLICATION FOR DEVELOPMENT APPROVAL ("CADA")
ASSOCIATED WITH INCREMENT III FOR THE DDRI; UPDATING
VARIOUS AUTHORIZING POLICIES OF REFERENCE FROM
STATE AND LOCAL GOVERNING BODIES; MAKING FINDINGS
OF FACT AND CONCLUSIONS OF LAW; DIRECTING
TRANSMITTALS; PROVIDING FOR A TERMINATION DATE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13703
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo
ABSENT: Suarez
Note for the Record. For additional minutes referencing Item SR.5, please see
"Order of the Day. "
Chair Hardemon: SR.5, please read it into the record.
The Ordinance was read by title into the public record by the City Attorney.
Francisco Garcia: Mr. Chair, Francisco Garcia, Planning & Zoning director. As
pertains to SR.5, may I suggest that we hear it in tandem with PZ. 1, as they both go
together, as part of the Planning & Zoning session?
Chair Hardemon: Okay. Let me ask a question. If we pass SR.5 and didn 't pass --
Mr. Garcia: PZ. 1.
Chair Hardemon: -- PZ. 1 --?
Victoria Mendez (City Attorney): They both need to be passed in order to --
Chair Hardemon: To be effective.
Ms. Mendez: Yes.
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Chair Hardemon: Right, but we can pass this?
Ms. Mendez: Yes, you can --
Chair Hardemon: And we could pass that later?
Ms. Mendez: Yes, you can. I can read the title, though, and we deal with both of
them now?
Chair Hardemon: No, because they haven't had a -- Well, is there anyone here that
wants to speak on PZ.1 ? Did anyone come to speak on PZ.1 ? I'm going to open the
floor right now for public hearing on PZ.1 only. Seeing that there's no person here
that wants to speak on item PZ. 1, I'm going to close the public hearing on PZ. 1. And
what we'll do is we'll take a vote now on -- or we'll have a motion for --
Vice Chair Russell: SR. 5.
Chair Hardemon: -- SR.5. You had something you want to say before you made a
motion? Is there a motion to approve SR.5?
Commissioner Gort: Move it.
Vice Chair Russell: I'll move it.
Chair Hardemon: Its been properly --
Commissioner Gort: Second.
Chair Hardemon: -- moved and seconded to approve SR. 5. Any unreadiness? Any
discussion?
Mr. Garcia: If you do -- my apologies. For your consideration, if you do, I'd like to
ask you to do so on an as -amended basis, and I'd like to take a moment of your time
to provide you with some language that will be included that goes a long way or all of
the way to addressing some of the issues that we had been dealing with as pertains to
the downtown DRI (Development of Regional Impact). I'll be very brief in my
description of them.
Chair Hardemon: Is this whole packet a list of changes, or is it just a few words in
this packet that represents changes?
Mr. Garcia: There is -- in particular, there are two sections, so roughly two
paragraphs that address the issues at hand. To spare you reading them verbatim, I'll
letyou read them. And we've covered them in briefings, obviously. But they basically
do two things. The added language does two things. It first provides for mechanisms
to allow development in the downtown DRI area to make improvements or avail
themselves of other means, such as a trust fund that can be credited against assessed
impact fees, road impacts fees by Miami -Dade County, and you'll find that in new
paragraph 14(a)(1)(2) and (3); the methods are described therein. And in addition to
that, it also makes reference -- there's some language that makes reference in
Subsection "C" to the arrangement to pay $1,180,030 -- that's 216 [sic] dollars -- to
the South Florida Regional Transportation Authority, as previously committed, and
this just simply brings that into actionable language as part of the development order.
Those are all the changes that we are proposing. They've been vetted by the DDA
(Downtown Development Authority), our co -applicant; legal counsel, of course; and
they are before you for consideration.
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Vice Chair Russell: I'll accept the amendment.
Commissioner Gort: I do.
Chair Hardemon: The mover and the seconder accepts the amendment. Any further
discussion? Any other unreadiness? Seeing none, all in favor of the motion, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
SR.6
ORDINANCE Second Reading
3044
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 53/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
Commissioners
FLORIDA, AS AMENDED, ENTITLED STADIUMS AND
and Mayor
CONVENTION CENTERS/IN GENERAL," MORE PARTICULARLY
BY AMENDING SECTION 53-1, ENTITLED "TICKET SURCHARGE
ON PAID ADMISSIONS TO EVENTS," TO AMEND AND INCLUDE
SURCHARGE AMOUNTS FOR EVENT TICKETS SOLD WITH A
VALUE OF ONE HUNDRED DOLLARS ($100.00) OR MORE, AS
PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13705
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Frank Carollo, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon,Gort, Carollo, Suarez
NOES: Russell
Note for the Record. For additional minutes referencing Item SR.6, please see
"Order of the Day" and "Public Comment Period for Regular Item(s). "
Chair Hardemon: Can you please read SR. 6 into the record?
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Carollo: Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Carollo: Commissioners, this is second reading on an amendment to
the current ticket surcharge ordinance. The only thing that this amendment does is
make an adjustment on the surcharge for higher paid tickets so that a person who's
buying the 400, $500 ticket -- not to mention the 1,200 and $1,500 ticket -- does not
pay the same amount of surcharge as the person who's paying for -- or buying a $30
ticket. As I mentioned before, this amendment may not affect too many locations, but
it does affect Bayfront Park. And, look, Bayfront Park and the Bayfront Park Trust
has been around for many, many years, and it -- and in its whole history, there's only
been eight years where the City of Miami has not subsidized Bayfront Park; in other
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words, where Bayfront Park has been self-sustaining, and those happen to be the
eight years that I have been as chairman. What this does, it sets a structure to make
sure that Bayfront Park becomes financially sound for many, many years to come.
And who knows? With the right management, Virginia Key Beach Trust and maybe
the Miami Marine Stadium. Additionally, all the employees of the Trust -- not just one
position -- will no longer have to worry about pay cuts, which they have had to worry
about and has happened in the past; they no longer have to worry about not having
health insurance for their families or loved ones, which has happened in the past; and
they do not have to worry about not having any retirement benefits, like it has
happened in the past. Commissioner --or Vice Chairman, you asked me to bring it to
the Trust. After much discussion, I could tell you that it was a unanimous vote in
favor of this amendment to the ordinance. They did include, however, language so
that the -- an event that is going to happen now --for instance, the 2018 Ultra event --
will not have to pay just on this event the additional surcharge, because supposedly,
Ultra is 60 percent sold already. So they wanted to have that type of amendment. I
will yield to the City Attorney with regards to the language, but -- You know,
especially the Trust, there's not too many times that you see promoters -- Ultra
organization, Rolling Loud, and the neighbors -- all in favor of this surcharge or this -
- it's not really a surcharge. It's actually an amendment to the current surcharge. So
this is just a small adjustment to the current ordinance. However, it could have a
huge financial impact for the City.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Yes.
Vice Chair Russell: Thank you. And Commissioner Carollo, you certainly done an
excellent job with Bayfront Park. It's vibrant, it's clean, there's a lot happening, and
of course, it's been turned around, but there is some points that I do take issue with,
and that is going to be one of those friendly points we may disagree upon. You were
with me at a homeowners association meeting early on, where you expressed to them
the pride that they don't have to pay for this park, and they stood up and said, "Oh,
yes, we do, " because they pay as residents in terms of their quality of life with regard
to dealing with the events that do happen there, and that really woke me up. And I've
really deferred to your leadership in Bayfront Park, but what I do recognize is that
without enough resident representation on the board or the district Commissioner's
involvement with the board, the quality of life of the residents comes secondary to the
profitability of the park or the amount of events that they can run. And this concern
was raised at the first reading of this item, where I asked for an analysis of how much
was being brought in and how it was being used. My concern, is it being used for
sound mitigation? Is it being used to maximize public access during setup and
breakdown? Is it being used to get the park back in line as fast as possible? I don't
know that yet. And one thing you did say, though, is it's hard to say what it'll bring in,
because we're going to -- we're looking for more events like that, and that concerned
me. We already have two, and the neighbors are -- you know, petitions are flying;
that they say, it's too many; that they tolerate one, and even that one's tough; to have
two, three, or four of that level of event, the large-scale events, is too much. So I'm
interested in having a larger role and an involvement and -- whether it's through a
sunshine meeting between residents and the Bayfront Park, whether it's appointing
more residents to the Bayfront Park Trust, or whether it's the District 2 Commissioner
taking more involvement in the Trust from here forward. I really feel that the quality
of life of the residents should be balanced in there as much as the profitability of the
event. At this point, I need more analysis of this. And so, I'm either at a deferral or
I'm at a "no" at this point. I do understand the intention behind it, to raise more
funds, but at this point I'm concerned.
Commissioner Carollo: Mr. Chairman.
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Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. So I agree with a lot of what
you've said. I don't agree -- I mean, your representation of what happened in that
meeting, that first meeting and what was said and so forth, I have a different, let's say
Chair Hardemon: Recollection?
Commissioner Carollo: -- recollection of it --
Vice Chair Russell: Fair enough.
Commissioner Suarez: There's no meeting minutes, right? There might be.
Commissioner Carollo: -- but I could tell you this: Yes, a lot of the things that you're
saying is correct. You're forgetting; I'm the one who held up the Rolling Loud event,
almost to the tune of a $30 million lawsuit.
Vice Chair Russell: Yet, it's coming back, though, right?
Commissioner Carollo: I -- Well, you know something that I don't know?
Vice Chair Russell: I -- that's just what I've heard.
Commissioner Carollo: Because as far as I know, it hasn't come to the board for a
vote, and I haven't seen a contract with regards to Rolling Loud, but you forget that I
was the one who raised issue with that. At the time our executive director had said
that the reason for Rolling Loud was because there was a shortfall in the revenue
stream and an increase in the expenses, so the way to solve it was another event. I --
obviously, it's well-documented -- felt otherwise, and this is exactly what I'm doing.
Instead of bringing additional events, I'm finding a way that we maximize revenues,
but at the same time, don't necessarily have to use more days or spaces for the
residents, because I truly understand their issues. And like I mentioned, the resident
groups were there. They stated that they're in favor of this, because they understand,
having something like this is better, in their opinion, than having additional events.
And that's exactly what this does. So it's a win/win. They were there. Their
representations were there. They spoke, and they're in favor of this.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: My question is, this applies throughout the City, right?
Victoria Mendez (City Attorney): Yes, Commissioner.
Commissioner Gort: Its not only going to be for Bayfront Park; it's any --
Ms. Mendez: Right.
Commissioner Gort: -- ticket paid within the City of Miami. Any stadium or any
convention would have to pay that.
Ms. Mendez: Correct.
Commissioner Gort: All right.
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Commissioner Suarez: Mr. Chair, ifI may?
Chair Hardemon: Please.
Commissioner Suarez: I may have to put my diplomacy skills to the test this morning
-- this afternoon. Look, I think one thing that's important and -- you know, obviously,
we're being sued by a neighboring city, and that's never fun and never pleasant, with
reference to Marine Stadium. One of the concerns that I had in settling that lawsuit --
which obviously, I would love to settle, in the sense that I don't want to be at odds
with any of our neighbors -- is we don't know what kind of venue that is yet, right? --
in the sense that we're going to spend $40 million to upgrade it and to bring it online,
but we don't know what -- how much volume of event traffic it's going to get. And so,
what I think is apparent to me -- and I don't know if it's apparent to the rest of the
board -- is that, you know, Miami's becoming more and more a premier venue for
events in the City, and really attracting events from around the world. We've
attracted Clasico, El Clasico. We attracted the Major League All-Star Game. I think
we're --
Commissioner Carollo: Super Bowl.
Commissioner Suarez: -- looking at the Super Bowl. We're looking at potentially a
championship bowl game -- BCS, Bowl Championship Game [sic]. So obviously,
there is a desire for premier event space. And so, it'll be interesting to see how some
of this, hopefully, pressure gets relieved by bringing online the Marine Stadium. I
suspect that some of these events will want a site that is exclusively for events, and
obviously, doesn't -- And I say this carefully, because I know that Key Biscayne is a
neighbor, so it doesn't affect a residential community, like maybe an event does in
Bayfront Park. And so, you know, those are things that I think going forward are
going to potentially change the way we look at some of these event spaces, and
obviously -- Look, I mean, I think there's a delicate balance, you know. I -- you know,
we can have a very long conversation about the 5am/2am -- what happened in
Coconut Grove from the 5 a.m.12 a.m. That was very controversial. But some could
argue that after the fact now, you know, you're seeing a huge renaissance in the
Grove; and, you know, you have to wonder, was that in any way related to the
Sam/tam reduction? You also have to look at the fact that -- You know, I think, in
part, our Entertainment District in the City is a product of the fact that South Point in
Miami Beach became very resistant to late-night events and started sort of legislating,
and you don't see a lot of the same vibrance in what they -- what LeBron James called
South Beach today as you had, you know, 20 years ago. So, I mean, I think we have
to look at this a little bit more globally, you know. And so, that's just sort of my two
cents on the whole evolution of this issue, you know, in terms of the City.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Mr. Vice Chairman, if your intention really is to take a look
at it, and have less days that the parks are used for events or so forth so that the
residents can enjoy the park as other means, then I don't see how you cannot be in
favor of this, because this brings a lot more revenues, per these larger events;
therefore, in order to be financially sustaining, you will need less of them; that's why
the neighbors are all in favor of this. I mean, it's very simple. And there was two
different ways of tackling a problem, you know. On the record, it was stated that we
had a shortfall on revenues. We actually had a shortfall on one line item, and the rate
-- the way I dealt with that line item is I had the discussion with one of our partners,
one of our vendors, and we increased the rates, rates that should have been increased
a long time ago. It was fair. And as a matter of fact, they wrote me a very nice email,
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thanking me and congratulating me for the reasonable negotiations that we did. It
still increased the amount of revenues coming into the park quite a bit. So it's a
different way of looking at really dealing with financial issues. But the bottom line is
that the only time that the City has not subsidized Bayfront Park has been these last
eight years that I've been its chairman, and this will solidify for many, many years to
come a sound financial ability for Bayfront Park, so --By the way, I'm the one who put
on the agenda all the requests from the Neighborhoods [sic] Alliance, the Downtown
Neighborhoods [sic] Alliance. Yes. And that's why you're not seeing an Ultra
contract before you, you know. I may not be around for that Ultra contract; I'm not
sure. It seems like timewise, I won't be around. But I put it there before, so all the
board members and everyone could read it. And, yes, I spoke to the president of the
Downtown Neighborhoods [sic] Alliance, and I said, "Yes. If you really want to have
a meeting with Commissioner Russell, myself, Ultra, and Bayfront Park, it needs to be
under a sunshine." So it's not like I'm against all that, but you also have to
understand the finance behind it. And by the way, if you're really concerned about so
many events and so forth, then you should be concerned about yet another event that's
coming before us, which is the College Playoff Championships [sic], you know.
Because every time that one of these major events, nationally televised, comes to the
City of Miami or South Florida, guess what? They want Bayfront Park to be its
partner. It happened with the All-Star Game, it happened with El Clasico, it's going
to happen with the Super Bowl, and now with the championship playoff games, and I
don't think it's a bad thing for our City of Miami; not to mention, the events like the
Fourth of July Fireworks Show. I mean, the City's not paying for that; Bayfront Park
Management Trust is. New Year's Eve, City's not paying for that; Bayfront Park
Management Trust is. So again, I hope that I could get your support on this. It really
is a good amendment to the current ordinance.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Yes.
Vice Chair Russell: Thank you. Commissioner Carollo, I do understand the
sentiment. And I have to admit, this is a bit of a protest vote on my side. If anything, I
should be saying, "Yes, please find money and creative ways like this so that you don't
have to find money elsewhere, " like the --
Commissioner Carollo: What we're do --
Vice Chair Russell: -- antipoverty funds, the slum and blight funds from the CRA
(Community Redevelopment Agency). This is an issue that was also brought up at
your last meeting, and I feel that we've gone in a negative direction on that issue.
Because you and I shook hands at a sunshine meeting to talk about what would be
released from the Omni CRA to the Bayfront Park Trust in order to help with Museum
Park, in exchange for the hope that we would be able to work our way out of the
Global Agreement and find an outside liability to finalize that potential liability from
the Omni CRA to the City and Bayfront Park Trust. And $2 million went out for a
Jungle Gym that I was not in favor of, and the only reason I was even willing to really
consider that was that there was -- it was going to potentially let us out of a greater
liability; and that $2 million is gone, against my vote, and there is no outside
agreement on the Global Agreement. So you're having the cake and eating it too
here, by raising fees for events and going after slum and blight money, and I just -- I
want to be more involved there. Because when you, as the chairman of the Bayfront
Park Trust, make decisions, yes, the neighbors can come and petition you, but they
have no ability to vote you out of ojfice. And they come to me and say, "We're going
to vote you out of ojfice if you don't care of this. " But I have no say in what happens
at the Bayfront Park Trust, because I'm not involved with that board, and neither are
the neighbors on the board. So I have some issues there, and I look forward to
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working them out. I know that we can. I know that the events are important, that the
events are good, and there's a way to work together with the community and the City,
and I know we're going to get there. But at this moment, on the financial side of
things, I'm not ready to vote `yes" on this. I'm not happy about the issue with the
Global Agreement, and I look forward to resolving it as we go forward.
Commissioner Carollo: Mr. Chairman. So real quick, two separate issues, because
I'm -- I don't know if you understand the finances behind it, but it's two separate
issues. This is operations. One is operations of the park, maintenance of the park;
one is capital of the park. In other words, capital is --
Vice Chair Russell: I understand.
Commissioner Carollo: So you're mixing apples and oranges. One really doesn't
have to do with the other, other than when the City also expects not only for the park
to be self-sustaining -- in other words, being maintained, having adequate security
guards, making sure that it's clean, so forth and so on, paying its employees -- and
one thing is wanting Bayfront Park also to pay for soil remediation, which is a capital
improvement, to the tune of $1.2 million; yet, the City doesn't want to fork over any
money. So one is capital; one is operational. This, even though it can be used for
capital, is operational. It's for the operation of the park. Yes if per an event, we can
make a lot more money, then we need to have less events, or we could possibly have
less events.
Vice Chair Russell: I understand.
Commissioner Carollo: Now, switching over to Museum Park. Once again, my
recollection is different from your recollection, and the minutes reflect what we had
discussed. Yes, I am still amicable to doing some type of agreement, but your
agreement is, "We gave you $2 million; that's it. " And now you're saying it's gone.
It's not gone. The money's not gone.
Vice Chair Russell: From the CRA, it is.
Commissioner Carollo: Well, from the CRA to the City, yes, per a Global Agreement.
You know what? If every agreement we have, we're just going to tear it up and say,
"No, we don't like this, " and we're just going to throw it away, then what do we
have? There is an agreement. Whether you like it or not, whether I like it or not,
there is a Global Agreement, signed and sealed by four organizations.
Vice Chair Russell: What was the --what was passed at the Bayfront Park Trust with
regard to the Global Agreement and the debt owned by the CRA this week?
Commissioner Carollo: This week, I brought what -- it's supposed to be an item in
the Omni CRA, where you want to relinquish and throw away that whole agreement,
and they unanimously voted "no. " We cannot just forget a signed agreement, where
the Park could potentially receive -- I don't know -- $28 million over the course of
years, over the course of -- I don't know how many years -- till 2030. No. And I -- I'm
the first one who said, "Listen, I don't mind negotiating and not taking the whole
amount, but it can't be just $2 million, and the rest, you know, we're throwing away.
No. So it was unanimously that the item that you want to present in the Omni CRA --
and I brought it to the board. You should bring it to the DDA (Downtown
Development Authority) Board, by the way. I brought it to the board to see what they
thought with regards to -- or recommend to the board, the Omni CRA Board, whether
they want to discontinue any monies that is owed to the City of Miami for Museum
Park.
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Vice Chair Russell: And during the discussion of that item, did you let your board
know that you had shaken my hand with the agreement that if we came to a number
that you would be open to finalizing the remainder of that with regard to the Global
Agreement? Because that's the spirit of the agreement we had. And when you don't
tell your board that, they don't know that story, that you've worked something out that
will possibly work on this. It's not a final solution, and I know we never agreed on the
two; that was as far as I was willing to go. I was willing to go a little further; things
didn't work out there. But to pass a resolution asking for the total amount means -- to
me, that's opposite of the spirit of what we had agreed on.
Commissioner Carollo: No. What they voted on was to recommend to the Omni CRA
not to pass a resolution that you put forward, which was relinquish the whole amount,
except for those $2 million. So what they passed was a recommendation to vote "no"
on what you put forward in the Omni CRA.
Vice Chair Russell: I understand. And so, I hope you appreciate my position. We do
disagree on this. We have some difference of opinion on how things have gone in the
past.
Commissioner Carollo: But that is different from what you have in front of you right
now. And trying to hack what you have in front of this right now because you're
upset, or whatever, about something else is not fair; it's not right, but you're entitled
to your vote.
Chair Hardemon: Board Members, if I -- I'll say that the people that live downtown,
they don't have any more rights to Bayfront Park than anybody who lives in Liberty
City. It is a citywide asset. It is a jewel of this community that is just like what San
Francisco has with the Golden Gate Park, where they have concerts there. More than
a hundred thousand people go to the Outside Lands Concert. New York, you have
Central Park. In Manhattan they have the GMA (Good Morning America) Concert
Series; nearly 200, 000 people attend that. Chicago has Millennium Park. They have
Lollapalooza; about 400,000 people attend there. And every time that we go visit
these major cities, many of us have a tendency of going to those parks. Just because
you happen to afford the real estate across the street from the park doesn't make it
any more yours than it does someone who could only afford to live in a 3500 -square -
foot lot in a 800 -square -foot unit. That park is their backyard, too. And so, I say that
just because many times, we get wrapped around the axle, because someone who lives
in close proximity to something says, "We want something for us, " and it's okay to
express what it is that you want, but I -- my opinion just of the nature that I think these
are issues that are not just related to the people who are directly there. They may
have more of a -- they may have more interest, because they're next to it, but I think
that takes us way back to an argument that I said many moons ago, where you don't
move downtown for peace and quiet. That's not why I moved downtown when I lived
there. I moved there because I wanted to hear the concert series playing at the -- I
lived across from -- What's the City own -- the City -owned facility that we lease out
to? The shop -- the shopping --
Ms. Mendez: Bayside.
Chair Hardemon: The shop? No, the shopping --
Commissioner Suarez: Bayside. Its Bayside.
Ms. Mendez: Bayside.
Chair Hardemon: Bayside. There you go. Thank you. Jesus Christ.
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Commissioner Carollo: Bayside.
Commissioner Suarez: You all right, Bro?
Chair Hardemon: Its only been there since the `80s. But this is why -- that's why I
moved there; I wanted to be able to hear the hustle and bustle of the City, and I get it,
you know. I wanted -- and, you know, as a -- I'm sure there are people who live there
now that love the fact that they can sit on their balcony and watch a free show from
Ultra or from Rolling Loud.
Commissioner Carollo: Millennials.
Chair Hardemon: Right. And there are some people that hate it, right? But that's
what happens when you move near Bayfront Park; you're going to subject yourself to
sounds that you would not typically hear if you lived at 655 Northwest 48th Street. So
the one thing, though, about this that kind of brought my attention to it, Commissioner
Carollo, and what made me want to have more time to kind of go over this, it's
something I said earlier. You know, the Attorney General opinion about this whole
matter is one that is dated, and that doesn't mean that it's no longer any good, but all
I'm saying is that there may be case law or other references that apply to this that I
haven't been able to consider just yet; that's one. And then two, coming to the
surcharge, because I agree -- I think I agree with you, where you're saying, "Look, if
you're paying $1,500 a ticket, why are you paying a fee that is the same as someone
who's paying $30 a ticket?" Right? Now, if we didn't have this stratisfied [sic] out
before, then I can see someone say -- making the argument of "Everyone should pay
the same fee, because we're all doing the same damage, " if you will, or whatever
argument you make. But there was always an increase in the fee from 75 cents to $1,
from $1 to $2.
Commissioner Carollo: Exactly.
Chair Hardemon: It's not a lot, but, I mean, it does gradually increase, but what it --
And I had always thought to myself, what are the things that we can take, as far as
sick -- ticket surcharges, to use those to better the entirety of the City of Miami, the
entirety of our communities; to ensure that people, when they come into our
community, they're at least contributing in a positive way to the neighborhoods? And
so, it made me look at what's just above the rate of surcharge. For instance, that --
and I -- you know, these things, I don't know why; why no ticket surcharge shall be
imposed on any event, any event held at the Manuel Artime Community Center, when
in every other community center, there is a surcharge. Why is it that we have
exemptions for consumer shows, conventions, trade shows? I mean, that's all lost
revenue to these major places; especially if you're talking about a consumer show or
convention or a trade show. I mean, these are major ticketed events that people pay
lots of money to not only come to, but also bring money to the City. Now, I get it. If
you're saying we're trying to attract major shows here, well, let them bargain for it.
Why give away the cow before you've even -- you know -- And then, Additionally,
said surcharge shall not apply to the International Boat Show. " That's all loss
revenue as well. So if we're talking about revenue that we have not been able to
recover or we have not materialized, I mean, much of it is there. And so, you know, I
wanted to have that discussion, like what is it about this, from a holistic point of view,
do we need to address? Do we need to address the applicability, the exemptions, as
well as the surcharge? Because I agree that there is some surcharge -- I think the
surcharge thing could be fair, but certainly, there's more to it than just adjusting the
price.
Commissioner Carollo: Mr. Chairman.
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Chair Hardemon: Yes.
Commissioner Carollo: So let's put it this way. This is a good first start. Could there
be improvements to some of the other areas? Absolutely. But don't throw the baby
with the bathwater, just because there could be some improvements elsewhere. And I
agree with you. Believe me, I -- there's a lot of other things that I could include, but
this was very simple, so we wouldn't get into this long, exasperated, you know, debate,
which we are anyways, and that's fine. You know that I welcome all this discussion,
debate. So this was very, very simple, you know, to the point that, do you think it's
fair for the person that's paying 1,200, $1,500 per ticket to pay the same surcharge as
a person who's pay a $30 ticket? And by the way, even what we're -- even what the
charges are here are extremely reasonable, because if you go Ticket Master, or any of
these locations, buy an $80 ticket; see how much surcharge in -- now they call it all
kinds of things. Now they call it surcharge, plus convenience fee, plus -- I don't know
how many fees. So it's actually extremely reasonable, but I thought this was like very
simple, very, you know, straightforward. Now, can we go into more details with other
areas? Absolutely. But we can do that in the future. But in the meantime, let's pass
this; and in the future, you'll have plenty of time to digest it and bring something back.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I have to ask a question, and then I want to make a statement.
Why do we have the exemption of the Boat Show and the Coconut Grove Art?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes, sir.
Commissioner Carollo: I don't know, because I didn't do this surcharge ordinance.
The surcharge ordinance is there. If we do nothing, it stays there. The only thing I'm
doing is something simple.
Commissioner Gort: I understand.
Commissioner Carollo: Adding -- so I don't know.
Commissioner Gort: I want to know why the exemption.
Commissioner Carollo: Right. Okay.
Ms. Mendez: It was a policy decision at the time when it was passed. I believe
because the Manuel Artime in the past was a small community -type location, and it
was rented by smaller types of artists and all that, and not -for -profits and those
things. But it was a policy decision. It doesn't mean it can't be changed.
Commissioner Gort: And the Boat Show also?
Ms. Mendez: That -- I don't know that reason.
Commissioner Gort: And the Coconut Grove Art Festival?
Ms. Mendez: Don't know that.
Commissioner Gort: Okay. If you all recall -- I don't know -- this weekend we had
the Iron Man take place; affected my neighborhood a lot. This Sunday, people in my
neighborhood and your neighborhood were not able to get out. I sat with them
before, and I try to work it out to make it a lot easier; although some of the people in
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my neighborhood, they were very upset about it, they need to understand the
economic impact that these events make in downtown Miami. Where are the hotels?
Where are the people going to go? And this is something we need to look at. You
know, events -- I remember when "Miami Vice" was created, we had a lot of people in
Miami, "Oh, my God, that's the worst thing in the world, 'Miami Vice. "' Anywhere
you went in Europe, South America, anywhere, people talked about "Miami Vice";
and Miami, how beautiful it was. So we got to be very careful about the events. We
have to look at the economic impact for the City; not only the immediate impact, but
the future impact.
Commissioner Suarez: I'll -- go ahead.
Chair Hardemon: Please. You haven't --
Commissioner Suarez: No. I was just going to say, I'll go one step further. I'm
already seeing ads, banner ads in the Miami Herald about "Say No To Formula
One," and you're like, really? We haven't even talked about Formula One. So people
are against an event that, you know, hasn't even come before this Commission, as far
as I know, unless I missed it, so -- And that is an event that is -- would be a world-
wide premier event. I mean, there's only 20 Formula One races in the world, and this
is not the Grand Prix. This is not E -Formula. I mean, this is potentially Formula
One, which is like having an annual Super Bowl; it's a world-wide event. It's not even
like a national event. This is a world-wide event. So, you know, the fact that there's
already someone campaigning against it and buying advertising on the Miami Herald
would -- is troubling to me, because I don't know who that organization is. That
organization has never come talked to me. I don't know anything about them. And I
find it odd that before this Commission has even talked about an event, which I would
like to at least consider and discuss, someone's already campaigning against it, so I
find that to be a little bit strange too. I don't know where that's coming from. I don't
know if you guys know where that's coming from. Has anybody talked to you guys
about it?
Commissioner Carollo: I've seen the ads, but I'm --
Chair Hardemon: Please.
Vice Chair Russell: Mr. Chairman, and just a final comment. To what you had
mentioned, you're absolutely right; it's not an asset of downtown. It doesn't belong to
downtowners, and downtowners don't get to dictate what happens there. But at this
point, they don't have a voice, other than to be able to attend. And so, I was looking
for them to have more of a stake; not to direct it, not to veto things, but to be heard, at
least, because I'm hearing them a lot and all the time. And obviously, events have a
balance: a quality of life versus the benefit that they bring to the City, and those who
enjoy the events themselves, so I'm welcoming of that balance. I am. Commissioner
Carollo, I mean, for me, this isn't just about saying what's fair or that I'm trying to
hack your legislation, but it is true; I'm not happy with the financial situation
currently at Bayfront Park Trust with regard to my feeling that the only thing being
hacked is the affordable housing we should be using that money for, that we were
intending to use that money for, and that your board is now taking a position on this
and, potentially, arming up legally. I'm already saying, I'm not happy with go --
what's going on here, in general, financially, at Bayfront Park Trust. I really felt we
had a bit of a consensus to move forward with that vision of the Omni CRA and what
we're trying to accomplish there. That $2 million Jungle Gym is not as important
right now as $2 million of affordable housing; and as a policy decision, to start to
make that shift. And I know there's a give and take, and that's why I was trying to find
that give and take with you. We haven't found it. I gave. I gave on that side, but I
haven't seen the balance. So that's where I am on this and --
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Commissioner Carollo: And I welcome this discussion, because, you know, we can't
speak outside of the sunshine, so I welcome this discussion. So, number one, you
gave. You voted "no, " but $2 million out of potentially 30? I mean, that's giving, 2
million out ofpotential 30?
Vice Chair Russell: The CRA's already given millions.
Commissioner Carollo: And by the way, you're saying about affordable housing. We
just passed a loan for $25 million. You haven't --
Vice Chair Russell: And we're just getting started. So much of that money is tied up
in stadiums and tunnels and things that it should be doing really good in the
community.
Commissioner Carollo: No, but -- you know, that's 25 million; plus, for the bond, a
hundred million for affordable housing. I mean, I've already told you -- I already --
Vice Chair Russell: Which has not passed, and is getting opposition.
Commissioner Carollo: Well, it is not getting the opposition that it could be received.
Let's put it that way. Because I can assure you that it could get a lot more opposition
to the point that I think it will definitely fail if it got a lot --
Vice Chair Russell: Well
Commissioner Carollo: -- if it got a little more opposition.
Vice Chair Russell: -- we certainly can't count on that hundred million.
Commissioner Carollo: Okay.
Vice Chair Russell: I'm sorry. I don't mean to interrupt you. I apologize.
Commissioner Carollo: And besides, what steps -- And you know what? I'm not
going to pin it on you. What steps has the Omni CRA done to sell the movie studio?
That's another potential 20 -something million dollars that could go to affordable
housing. What has the Omni CRA done to start that process and bring it to the
board?
Vice Chair Russell: They have potential buyers. They toured with a buyer this week.
Commissioner Carollo: Okay. So that's another 20 -something million dollars for
affordable housing. So, you know, that's quite a bit of money. It can't all go to
affordable housing. You know, that's quite a bit of money. And by the way, I pointed
out, listen, it's not just about Omni CRA. I'm willing to find other revenues with
regards to Museum Park. You said you would welcome that and that you would
actually help me and be, you know, an advocate for it. But during the budget process,
you saw all the money of impact fees that went to all these parks; not Museum Park. I
mentioned it to you; nothing happened. During the bond, I mentioned, listen, $58.2
million is going to parks. Nothing for Museum Park? "
Vice Chair Russell: It can.
Commissioner Carollo: Nothing for any parks in District 3 also, by the way. But
there, we could have stepped up and said, "Hey, some of that money should go to
Museum Park. " So again, listen, I'm just fighting for the funding for Museum Park;
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not to mention, before your time, before my time, there is a signed agreement by four
agencies. There is a contractual obligation. There is a contractual obligation. And
for the time -- my tenure here, believe me, I have been a stickler for all these
contractual obligations that we try to overlook all the time. So again, this is different
from the whole Museum Park issue. It is different from the whole capital issue. It is
about operational. Yes, could some of this money could be used for capital?
Absolutely. But it's more about the operational. With regards to the playground,
there is no purchase order. I've had discussions with our board. I have had lengthly
[sic] discussion with our Procurement Department, with our Law Department. They
are adamant that nothing has been done that has been wrong or improper. However,
I still may choose to go forward with some type of RFP (Request for Proposals)
process; and, unfortunately, Hurricane Irma came about, and it held up the process.
But again, there is no purchase order; that money is not lost, so one thing doesn't
have to do with the issue at hand. This is good, solid policy.
Chair Hardemon: All right. Well, gentlemen, we've had much discussion about this,
but we don't have a motion that's on the floor, so I would like to entertain a motion,
whatever that motion may be, so we can have some direction.
Commissioner Carollo: I'll make a motion, but with the amendment that I would yield
to the City Attorney regarding events that are currently selling tickets as of October
12 of this year.
Ms. Mendez: Right. With regard to the resolution passed by Bayfront, I think, as
drafted, it's a little ambiguous. I believe that what Mr. Lehtinen (phonetic) brought
up had to do with Ultra more specifically and any contractual obligation with Ultra.
So I would just add, amend it with a "whereas" clause, basically saying that the 2018
contract with Ultra not be impaired by this. That's what I would put in a "whereas"
clause in order to address it. I think that, as drafted, that October 12 is too overbroad
and could pick up events that aren't even scheduled. So that's --
Chair Hardemon: But what about events that are scheduled that are not Ultra?
Ultra has been here; they had a seat, basically --
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: -- being present here. Yes.
Commissioner Carollo: That's a good question. There's not too many events itself for
$500 tickets, or a 1,000 -- $1,500 tickets. You understand what I'm saying?
Chair Hardemon: Got it.
Commissioner Carollo: So -- And by the way, I'm also saying this, because I have
mentioned in the past that with the right Administration, Virginia Key Beach Trust,
Museum -- the Marine Stadium and other venues could very well utilize this and earn
revenues to go to that location for -- you know, for the operations.
Chair Hardemon: Okay.
Ms. Mendez: Either as a "whereas" or a section, we'll place it just to address that
contract, which I think is the one that would be the contractual obligation that we may
impair. That's the only one.
Chair Hardemon: All right. So it's been properly moved. Is there a second?
Commissioner Gort: Second.
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Chair Hardemon: Properly moved and seconded to pass with those amendments.
Any further discussion? Any unreadiness? Hearing none, all in favor of the motion,
indicate so by saying "aye. "
Commissioner Carollo: Aye.
Commissioner Gort: Aye.
Chair Hardemon: All against?
Vice Chair Russell: No.
Chair Hardemon: Motion passes.
Ms. Mendez: As amended.
END OF SECOND READING ORDINANCES
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Ia:M aIZRI9NN0311►leyol N a]IkirilkgINN&I
FRA
ORDINANCE First Reading
1374
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
CHAPTER 4/ARTICLES I AND II OF THE CODE OF THE CITY OF
"ALCOHOLIC
Planning and
MIAMI, FLORIDA, AS AMENDED, ENTITLED
Zoning
BEVERAGES/IN GENERAL/NIGHTCLUBS'; MORE
PARTICULARLY BY REPEALING SAID SECTIONS IN THEIR
ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1
THROUGH 4-11; ADDING DEFINITIONS; PROVIDING FOR
HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS;
PROHIBITING MINGLING; PROHIBITING THE SALE OF
ALCOHOLIC BEVERAGES DURING EMERGENCIES; PROVIDING
REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For additional minutes referencing Item FR.], please see
"Order of the Day, " "Public Comment Period for Regular Item(s), " and Item PZ. 6.
Chair Hardemon: Can you read into the record FR. 1.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Gort: Or we can always come back and bring the additional people,
right?
Chair Hardemon: Um-hmm, right.
Commissioner Gort: Additional events.
Commissioner Carollo: Yes.
Commissioner Gort: Okay.
Victoria Mendez (City Attorney): FR.1, Chairman, is that the one?
Chair Hardemon: Yes.
The Ordinance was read by title into the public record by the City Attorney.
Later...
Chair Hardemon: Any discussion on this item?
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Vice Chair Russell: Yes, Mr. Chairman.
Chair Hardemon: You're recognized.
Vice Chair Russell: I'm very thankful to the Administration for taking into account
the request of the DDA (Downtown Development Authority) to put forth a specialty
district for the Flagler area. We're doing a lot of work there to bring that area back,
from a capital perspective and an activation perspective, and we want it to be active
and lively for the residents there to enjoy a good restauranting [sic] experience and
going -- being able to go out in the night. We want it to be vibrant. And so, I thank
you for doing that. There will be discussion between -- balance between the residents
and the business owners as it gets developed, as these bar licenses fill up, as to how
many can be there and through what process they get approved. And so, I am in
agreement with the no distance requirement. The question of whether or not there
should be a cap on the limit within that small Flagler District is in play now between
the stakeholders and the residents, as well as the warrant process, and I'd like to
speak to both of those, because my initial thought was to put in a cap -- a high cap
that would not hinder business from growing at first but would show some restraint;
and if we met that cap, we could then asses it and expand it. The pushback I've gotten
from the stakeholders is that when there is a cap that one large stakeholder can come
in and grab them all up and basically reserve the licenses, keeping other smaller
businesses from being able to open or start. And then they have, if -- I believe in this
legislation, they have about six months to activate and open; otherwise, they lose that
license, but still that six months they could buy them all up, and there's no limit. Is
there a way you could limit how many licenses can be applied for within that cap?
Right now I believe it's a cap of 30 in that Flagler Specialty District Is there a way
you can say each applicant can only grab five at a time, for example, or something
like that, at maximum? And that's a legal question as well.
Devin Cejas: Devin Cejas, the Zoning administrator, City of Miami. With regards to
your specific question, there really isn't a way for us to safeguard the possibility of an
individual coming in and reserving several spots at once. We are codifying the
reservation process. And with the reservation process, we are putting a set of
structure to a current process that isn't currently codified that puts the onus on the
applicant to continually provide us an ongoing detail of how they're progressing
towards establishing themselves and obtaining a Certificate of Use. Currently, you
have a three-month grace period to begin a warrant process, to begin a permitting
process, whatever it may be, to lock in that address, and subsequent year -- extensions
up to two years -- which is what the current legislation reads -- to be able to finally
obtain a Certificate of Use. So the goal is to eventually open up. So the hoarding of
possible warrants, I see it very diicult from happening with the way the constructs of
this ordinance is written.
Vice Chair Russell: Thank you. And so, obviously, this will go to PZAB (Planning,
Zoning & Appeals Board) between first and second reading, so this will have plenty of
public vetting. PZAB will take a stab at it; it'll come back to us. There may be
changes to this, I understand. So I just wanted to raise that concern. 5 a.m. was also
brought up by the residents; they're concerned with that. And then the warrant
process itself -- and this is procedural to where I want to make sure that businesses
can open quickly in the City of Miami and they can get going. And if we are saying
there's no distance limit here -- distance requirement between them in this small
confined area -- we're trying to encourage this -- is there a less burdensome process
that they can go through that isn't fully a warrant but still has some controls, if
necessary?
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Mr. Cejas: The way our personal constructs are within the City, the warrant is the
best avenue to make certain that we protect the neighboring businesses, as well as the
other uses that a certain area would have.
Vice Chair Russell: But what's to protect if we've already decided a distance limit is
not necessary; two bars can -- or two restaurants that serve alcohol can be right next
to each other? So what warrant -- what long process is needed to say that that's okay
to happen, if we're basically here saying it's okay to happen?
Mr. Cejas: Well, two things. First is following suit with what every other district has,
which is the substitution of -- a distance requirement is, in turn, the warrant process.
And then, so we do look at the possible adverse conditions that may arise from the, if
you will, stacking of alcohol primary service establishments right next to one another.
So it's kind of the give and take, if you will.
Vice Chair Russell: I've just met with so many restaurant owners who cried, trying to
do business, and they feel like the City actually doesn't want them to be successful.
Their frustration is palpable. And I really want -- without saying, "bars gone wild,"
that we give them as much help as we can. And in this case, we have a specialty
district; they're looking to create a BID (Business Improvement District). I don't think
they're looking to run this thing into the ground. I think they're looking to do a
healthy district. And as chairman of the DDA, I feel that way as well. And I'm quite
trusting of the stakeholders who have been so vocal and involved in this. That being
said, those are my concerns I'll just bring up at this point. I'm happy to pass this on
first reading as it is, and then let those items come to PZAB, and then back to us with
public input; at which point, we can make a decision.
Commissioner Gort: Mr. Chairman
Chair Hardemon: Yes.
Commissioner Gort: Let me tell you, about three or four years ago, when I saw all
the new stores going around downtown Miami, or close to downtown Miami, I
realized that Flagler Street needed to make a change. So I think you 're doing a good
thing by making that type of change, because you got to bring Flagler Street back.
Now, my question to you is, a warrant can be appealed, right?
Mr. Cejas: Yes, sir.
Commissioner Gort: And the problems sometimes I have with the appeals, the
appeals can really be a way to keep competition away.
Commissioner Suarez: Mr. Chair.
Commissioner Gort: So that's why that -- I think the Chairman -- the Vice Chairman
is correct. If we approve a special district, no distance, why should we have a
warrant system?
Commissioner Suarez: Mr. Chair.
Commissioner Gort: So I'll second it for -- but on the -- I think some changes should
be made for the second reading.
Chair Hardemon: Yes.
Commissioner Suarez: So I agree with Commissioner Gort and the Vice Chair. I
personally am not a fan of implementing the waiver, and I'll tell you why. It's not just
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the appealable nature of it, like you said, Commissioner Gort, but also, it takes a long
time for a waiver to be processed -- I mean, a warrant to be processed. My apologies.
And that's something that, certainly, if I'm here in the next couple weeks, we're going
to be looking at, because I think -- if the warrant process was ejficient, I think people
would feel more confident in that process, but the warrant process, with all due
respect, has been fairly inefficient, okay? It's taken a long timing. So that's one issue.
The second issue is, this is what's going to happen, Vice Chair. I want you to
memorialize this. This is what's going to happen. Let me just tell you what's going to
happen right now today; on this day, we can go back and look at the minutes. Miami
Beach is considering reducing their alcohol service hours on Ocean Drive. Right?
We're creating, in a sense, in essence, an Entertainment District, which absolutely
needs to be done in Flagler, because Flagler needs that revitalization. It's going to be
become vibrant, people are going to love it, it's going to be a destination, and then
people are going to start complaining about the noise, and they're going to start
complaining about the alcohol sales, and they're going to -- Wait, wait, wait, wait.
Commissioner Carollo: A step further: parking, valet packers.
Commissioner Suarez: They're going to start complaining about everything. And so,
I'm just telling you now, be forewarned. What we're doing is -- And the same thing
happened with the Entertainment District when -- in South Beach, when they started -
- when South Point got, you know, going, and you had these multi-million dollar -- I
remember, the Apogee was like -- $2,200 a square foot it was selling for. And all
these wealthy people -- you created a wealthy community. Now there are very little
nightclubs from -- south of LIV, basically, which is on 40th. Before -- Washington
Avenue, I mean, you could walk to club -- from club to club to club on Washington;
that no longer exists now. All that business came to the Entertainment District and to
Miami, and I think a lot of the business that's in the Beach is going to start coming to
Flagler in that area. I am perfectly -- I'm a hundred percent on board with that. I'm
just telling you, in a few years, those same people who are begging for that business
to come over here, you're going to see how vibrant that neighborhood becomes,
because I think it's one of the few neighborhoods -- Flagler is one of few neighbor --
I'm going to call it a neighborhood now -- one of few districts, or whatever you want
to call it, that has lagged a little bit behind. I mean, you see, obviously, Design
District and Wynwood and --
Commissioner Gort: Yes.
Commissioner Suarez: -- you know, and even the Grove is coming. I mean, every
neighborhood is coming back, and downtown is lagging a little bit behind. This is
going to be a catalyst for that. I don't think we should put any impediment. We can
always come back later and say that it's gotten a little out of control and -- Just like
we did, for example, with storage facilities. You know, all of a sudden, storage
facilities started proliferating around the entire City. Every other block was a facility,
and we said, "Wait a second. We got to implement some controls here, because this
is getting out of control. " So I think, at this particular moment, we have to catalyze
the Flagler -- we have to empower the Flagler business owners. I don't think we
should put the warrant requirement for the time being. We can always readdress that
later and come back and say, "Look, we think we do need to put in some controls, and
we do want some supervision. " But we also have to look at how long warrants are
taking, just like we have to look at how long permits are taking in the City, you know,
for certain single-family residential homes and for certain kinds of things. So that's a
part of gaining back the trust of the business community for these kinds of scrutinizing
processes, which normally would be good when you have somebody to scrutinize it,
but if it acts as a big impediment, particularly in an area that needs to catalyze. So I
just want to tell you now, today --
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Vice Chair Russell: I hear you. In that case, I'll make a motion with an amendment,
eliminating the warrants for now; open to a further process, if there's another one
that we can think of- letting PZ,4B take a look at that as well, but at least setting our
intention of, in this case, being pro-business, moving forward. And I would also make
an amendment at this point increasing the cap from 30 to 40. That'll give a little more
room until we can figure out how to control the potential of people reserving up the
caps -- reserving up the licenses, which would exhaust the cap too quickly, and those
would be my two amendments.
Commissioner Suarez: Second.
Barnaby Min (Deputy City Attorney): And that's just for the Flagler District, correct?
Vice Chair Russell: Well, my motion's on the entire --
Mr. Min: But as far as increasing the cap.
Vice Chair Russell: Yes. I'm only speaking -- those amendments only apply to the
Flagler Specialty District.
Commissioner Suarez: May I chime in with one more thing, Mr. Chair? I've met with
some stakeholders in downtown. They've talked about closing down some streets to
vehicular traffic, which I think is a phenomenal idea in some of the streets. But again,
you have that tension between a vibrancy of walkability of restaurants, and you see it
happening, and then that tension between that and, obviously, noise and partying and
all that stuff, so it's -- I think it's part of a broader conversation that we need to have.
But I do think, in fairness, you know, downtown is a pretty noisy place. And by the
way, before it was quiet, and it was quiet because there was nobody there.
Commissioner Gort: Right.
Commissioner Suarez: And really, the only people --
Chair Hardemon: 5 o'clock.
Commissioner Suarez: -- And what's interesting, too, is people also complained -- the
ones that want to walk around, they complain a lot about homelessness and the
homeless, and that's another issue that we have to --
Commissioner Carollo: That's a whole --
Commissioner Suarez: -- a whole `nother issue that we have to deal with.
Chair Hardemon: Question for you. Where you have the total numbers of permits,
the maximum caps, is that an arbitrary number, or is there some rhyme or reason that
you come up with this number?
Mr. Cejas: From what I understand, it's subjected to the amount of blocks in a
district.
Chair Hardemon: Okay.
Mr. Cejas: But then there are these instances where there is a little bit of wiggle
room there, depending on the boundaries of a certain district.
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Chair Hardemon: So I have some amendments that I want to make and I want to
include, and hopefully, the mover and the seconder will include this in their
amendments, include it as a friendly amendment.
Mr. Cejas: If I may, Chair? I have with me the drafts that are moving forward to
PZAB, which incorporate the amendments that are being discussed, which is the
Flagler and I believe the Riverside, as well as some concessions that were made with
the existing district in Little Haiti, so with -- if the discussion is on how we're moving
forward, I'd like to distribute those. The framework are pretty much the same; it's just
the addition of these three items.
Chair Hardemon: So that's not the same things I'm looking at in my --?
Mr. Cejas: No, it is not; the majority of it is, but the addition of the three districts --
Chair Hardemon: Right. I thought I already --
Mr. Cejas: The two districts and the amendments to one are where that's going to --
needed to go back to PZAB.
Chair Hardemon: They need to go back to PZAB.
Mr. Cejas: Right.
Chair Hardemon: Okay.
Mr. Cejas: So --
Chair Hardemon: Pass those out, please.
Mr. Min: And Mr. Chairman, just to clarify -- because I know there's motions on the
floor, and we're talking both about the PZ (Planning & Zoning) item and FR (First
Reading) -- I believe the motion is related to FR. 1; is that correct?
Chair Hardemon: The motion right now is related to FR. 1; that is correct.
Mr. Min: Thank you.
Chair Hardemon: Okay.
Commissioner Gort: David?
Chair Hardemon: Can you identi --
Commissioner Gort: Devin?
Chair Hardemon: -- help idents where this -- some of the differences are? I'm
trying to understand where the differences are.
Mr. Cejas: Sure. I'll show you, if you'd like. They're generally in the pages that
reflect the specialty districts --
Chair Hardemon: Right.
Mr. Cejas: -- which incorporate Little Haiti, existing today. We did some minor
amendments to the distance to schools.
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Chair Hardemon: But I thought that -- I mean, I thought that I had that included in --
For instance, it says in -- what's in my book, it says, "The alcohol service
establishment shall be no fewer than 300 feet from a school. " Previously, it was 500,
I believe, in Little Haiti.
Mr. Cejas: Correct.
Chair Hardemon: So that's what I'm saying.
Mr. Cejas: It might have been my mistake. That might have been incorporated
before. So then, if that's the case, the two amend -- the two additions are the Flagler
District and the Riverside.
Chair Hardemon: And the Flagler District, I believe, is also in our backup; is that --
isn't that correct? Yeah, the Flagler District. So it's printed in our book.
Mr. Cejas: Well, then, someone pulled a fast one on me.
Chair Hardemon: All right. So let me make my -- the amendments that I want to see.
The first thing is that when I look at what-- on page --doesn't even get a page. But
what's in the specialty districts, you see the thing that's called the Osun Village, O -S-
U -N Village.
Mr. Cejas: No. Osun.
Chair Hardemon: Osun.
Mr. Cejas: Osun Village remains the same.
Chair Hardemon: Right.
Mr. Cejas: It's the Little Haiti limits that --
Chair Hardemon: No, I get that.
Mr. Cejas: Yes.
Chair Hardemon: What I'm saying, I want to make some changes there. Right. So
what'd like to see in the Osun Village is for, first, naming the Northwest 7th Avenue --
Can we rename it to Northwest 7th Avenue?
Mr. Cejas: District Village.
Chair Hardemon: Do you see --? You have Little Haiti. You have 8th Street. You
have inner -- I mean, Brickell Village. Just Northwest 7th Avenue.
Mr. Cejas: Okay.
Chair Hardemon: So you can easily identify where it is. I'd like to also see that it
stretches. So instead of just going from -- I believe it's from about 50 --
Commissioner Gort: 4th.
Chair Hardemon: -- 4th or 55th Street, or something. I want to see as far -- if it can
go as far north on 7th Avenue as we have city limits. So you would -- basically, you
have to draw that out, so if you just come back with it. And then south -- I mean, it's
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up to you if you want to go further south, but certainly, at least in -- where my district
is, where it touches no other districts, it goes to about --
Commissioner Gort: 36th.
Chair Hardemon: -- 40 -- no. 36th, certainly, but, you know, we have the --
Commissioner Gort: The bridge, yeah.
Chair Hardemon: -- the bridge, so -- and it's not much there. So I would say about
45th Street --
Unidentified Speaker: 41st.
Chair Hardemon: -- 41st Street -- so 41st Street, so then it stretches that 7th Avenue,
and part of that is because I had an opportunity to spend my birthday on Calle Ocho.
And when I look at the map and I see how long it stretches, and what that does when
you're trying to establish businesses all on that corridor. And so, Northwest 7th
Avenue, it was a main highway for the City of Miami or for, you know, this -- that
area for a very long time, and I think it has a lot of -- tremendous potential there, and
I want to be able to see it blossom. Also, the distance requirement from the school,
make it 300. One of the things that we're finding is that we are -- we're seeing a
proliferation of schools that are certainly popping up in areas that generally wouldn't
have schools, so not our long-standing schools. You wouldn't think of it as Miami
Jackson and Miami Edison. It's a school that's popping up in a old storefront, and
now it's a school, and then it hinders, you know, business. And so, I think that's
something I want to see. Also, I want to see the number of -- the permits is what
would go in the area; if you can make it from 15 to 30, and give us some potential
there.
Mr. Cejas: We will look into it, yeah. Definitely.
Chair Hardemon: Then my motion is to change it, so I want you to understand that.
And the -- in the Overtown Entertainment District, you have about six total, and I'd
like for you to move it to 12.
Mr. Cejas: Currently, for -- just so you're aware with the Overtown District,
currently there's -- out of that six, zero spaces have been taken up.
Chair Hardemon: Okay. Why do you think so?
Mr. Cejas: Development, most likely.
Chair Hardemon: Lack of development.
Mr. Cejas: It's not there.
Chair Hardemon: But what we have now -- On 2nd Avenue, you'll have -- Marcus
Samuelson will bring his restaurant there. So you have Harlem Square that's going to
be coming to that general area; then from there, you have the old law offices for --
and his name escapes me right now. He used to sit as a judge.
Mr. Min: Thomas.
Chair Hardemon: Thomas, right. The Lawson E. Thomas, his place; that's going to
be renovated. It is going to have restaurant space. So I think there's some potential
there. And I think when you start to have those anchored tenants, you're going to see
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more interest in the area. So I want to ensure that we don't have to do this all over
again; that we have the potential to make it work, so --
Mr. Cejas: Yes, sir.
Chair Hardemon: -- and I think once the rail comes in and that area is energized,
people will want to come to Overtown, and I want to welcome them with open arms,
especially if they're bringing business. So I want to see it go from 6 to 12. And strike
the second bullet point that is in the notes under Section 4-6, Entertainment Districts
for Overtown in --for the Overtown entertainment area. Those are my amendments.
Mr. Cejas: Thank you, Chair.
Mr. Min: Mr. Chairman, only because there is a motion on the floor, do the mover
and seconder accept those proposed changes?
Chair Hardemon: The mover is the Vice Chairman.
Vice Chair Russell: Yes, I accept.
Chair Hardemon: Says `yes. " And the seconder is Commissioner Gort.
Commissioner Gort: Yes.
Commissioner Suarez: Yes.
Commissioner Gort: Now, I have a question. This is for these three districts, right?
Chair Hardemon: That touches my district.
Commissioner Gort: Just for this?
Vice Chair Russell: The amendments.
Commissioner Gort: Because I just want to make an announcement that we have a lot
of our district industry within my district. I have a lot of industry zone that is not
being used to the maximum, with no residents are around us. That would be a perfect
place to set up some activities, okay? Just want to make an announcement. That's all.
Vice Chair Russell: Are we good?
Chair Hardemon: Okay. Is there any further discussion? Any unreadiness?
Hearing none, all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: As amended.
Chair Hardemon: All against? Motion passes, as amended.
Vice Chair Russell: On first.
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FR.2
ORDINANCE First Reading
2939
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
CHAPTER 23 OF THE CITY CODE OF THE CITY OF MIAMI,
"HISTORIC
Planning and
FLORIDA, AS AMENDED, ENTITLED
Zoning
PRESERVATION," TO PROVIDE DEFINITIONS AND ESTABLISH
PROVISIONS FOR MULTIPLE PROPERTY DESIGNATIONS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading with Modification(s)
RESULT:
PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For additional minutes referencing Item FR.2, please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: Let's move on to FR.2. Can you read it into the record, please?
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Vice Chair Russell: I will move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and second to approve FR.2. I know I
have some questions, but --
Vice Chair Russell: Yes.
Chair Hardemon: -- Vice Chairman, please.
Vice Chair Russell: So thank you, Mr. Chairman. This is creating a new method with
which we can do historic designation in the City of Miami. Currently, you can
designate one house, or you can designate a district, and I was looking for something
in between. My current primary goal is a lot of what's going on in Coconut Grove.
Throughout the Grove, a lot of historic homes are being lost, falling through the
cracks; and in particular, I'm very interested in trying to preserve the wood frame
shotgun homes in West Coconut Grove, Village West, which there's only about 20 left,
and they're very special, they're very iconic of the historic nature of the district. I had
asked the Manager to explore a historic district, and that brought about the concept
ofpotential burden that comes with historic designation. Ifyou do a district, even the
non -designated homes, the noncontributing homes have burdens on them as well, and
a lot of people can't afford those burdens. This is called "thematic preservation, "
where we laser focus in on a group of homes that have like characteristics, and we
can designate them at the same time. I'm absolutely dedicated to making sure this
doesn't happen in a way that creates a burden that is unaffordable to those who live
there. I have several methods I'll be bringing; the first of which is allocation of
CDBG (Community Development Block Grant) funds in the next allocation to work
with Rebuild Together and work specifically on these homes, which they would not be
able to do if they're not historically preserved, simply because the Code requirements
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in a non -historic situation might be too strict for us to bring these houses back to life.
We also have other funding ideas and concepts, and the Dade Heritage Trust is
proving to be a good partner with that, so we're going to find ways to fund the Dade
Heritage Trust even better. If the bond passes, we have a lot of money in there that
can go towards historic preservation. If Art in Public Places passes, we've got more
funding there. And, of course, if the CRA (Community Redevelopment Agency)
expands into Coconut Grove, as is my hope, there's a lot of freedom there to work
with historic preservation. But the first step, in my mind, is just creating this
mechanism at least, which is important to do quickly, as homes are being lost every
day. So I'd like to move the item.
Chair Hardemon: I believe it was already moved and seconded.
Vice Chair Russell: Yes.
Commissioner Gort: Yes.
Chair Hardemon: You have something?
Commissioner Gort: The one thing I'd like to do -- and I know we need to deal with
historical sites and so on, but I want to make sure that the public is informed, because
you have a lot of time people, they will buy a property thinking they can do whatever
they can with -- according to the zoning laws and so on, and the Code, and then all of
a sudden they find out, wait a minute. This is an historic site; you cannot do any of
that. So I want to make sure, whatever we do, that people are aware before they buy
a property -- and I don't how we're going to do it -- what's the best system to know
what they're getting into.
Vice Chair Russell: That's true. Sometimes sales get lost over that.
Vice Chair Russell: Yes. Salesmen --
Vice Chair Russell: They get to closing and find out it's historic --
Commissioner Gort: That's it.
Vice Chair Russell: -- and they pull out. Yeah.
Chair Hardemon: So the historic shotgun houses, for instance, that you spoke of,
people still live there, right?
Vice Chair Russell: Some yes, some no.
Francisco Garcia: Francisco Garcia, Planning & Zoning director. And I'd like to
take a moment -- beg your indulgence -- to also introduce, for those of you who may
not have met him, my colleague, Warren Adams, the Preservation Ojficer; with us as
of the last three months, I believe? Yes.
Chair Hardemon: So the question I had was, do people still live in some of those -- or
the shotgun homes?
Mr. Garcia: Some are still inhabited; some are no longer inhabited. Many, if not
most of them, are not in good shape.
Chair Hardemon: Right. Shotgun homes from early 1900s. You know, those shotgun
homes -- and I'm speaking directly to our expert -- -- they're typically built on lots
that are smaller than S, 000 square feet?
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Warren Adams (Preservation Officer/Department of Planning & Zoning): And
typically, the lots are smaller than regular lots, yes.
Chair Hardemon: They tend to be --for lack of better words, they're longer than they
are the width --
Mr. Adams: Yes.
Chair Hardemon: -- correct? And part of that reason that you had that is because --
I mean, these areas, such as the Grove and Overtown, they sold as many parcels of
land as they could, and they built these long shotgun homes, because that's what
could fit on that type of land.
Mr. Adams: Yes.
Chair Hardemon: And is there anyone here that lives in a shotgun house? Is there
anyone here right now that lives in one of those homes? And I think this is part of
what my disconnect is. I agree that, you know, this is a -- this housing product is
something that is extremely different, that was regular then normal, and you don't see
it as much. The buildable lots now are much different in the City of Miami than they
were in the yesteryears. And, certainly, you can beautify these things and make --
they're awesome, and people would like to stay there, because they're renovated, et
cetera, but many people don't have the ability to renovate the space that they're in. So
you may have families that are living in these homes; that these homes were passed
down to them, and they continue to live in these homes. Many of these people, they
don't share the same luxuries that we have in our even affordable housing units; and
these are the people that I feel like, many times, go from those homes to an affordable
housing building, because they just can't deal with it anymore, and it's typically not
our seniors. It ends up being the children or the grandchildren that end up inheriting
those homes; they don't see the same value in them. Certainly, an ordinance helps --
This type of change will help keep the home there, but it may not keep the home theirs,
and that's part of what my issue is; that you create this mechanism, and you give
people a few cheat steps in preserving a property that the people who live there don't
have the opportunity -- or they may have the opportunity, but they don't have the
know-how, they don't have the expertise, they don't have the financial wherewithal to
not only protect themselves, their interests, but also to renovate their own properties,
and that's the inherent unfairness. And when I look at -- I mean, I completely agree
with preservation of our historic sites, buildings. I mean, I voted against some very --
I've voted to preserve some things that were not very popular. And I remember very
clearly when their -- I think it was probably my first year when -- and I can't
remember the name of the building. Maybe it was the (UNINTELLIGIBLE) One or --
it was some major building that was coming to the downtown area, and they found
Indian burial ground was there, and I voted that we preserve it. That was not very
popular. I think I was the only one that voted that way, and, you know, it was out of
respect for the people and -- I mean, you wouldn't build over a graveyard today, and
that's what was happening. And so, you know, it's -- this is just one of those things
where when I look at, for instance, our preservation boards, where I always say, I
personally believe that those who are on a board as such should be people who are
unbiased. " And then we should call on the preservationists. We should call on those
or hire those to make the argument that this structure should be preserved, and allow
an unbiased person to render an opinion, because I feel that this, the way this
ordinance is written, is favorable to those who favor preservation, and that's not a
good or a bad thing; it's just an unfair thing, because you are a few steps ahead of
someone who is -- who's arguing the opposite. And then the next thing is, how was it
that we get the notice out? If there's generally notice about someone making a
preservation attempt on a neighborhood or a house, the notice is clear. But if you
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say, "Well, we're going to, "for lack of better words, because I don't want to use the
terminology -- "declare historic all modern bungalows in the City ofMiami" -- I'm in
a modern bungalow, and I'm on 79th Street and, you know, Northeast 1st Avenue.
How am I going to get noticed that this is -- that my home is being -- is going to be
considered in this thematic change, you know? And that's part of -- Or how is it that
it's even fair? Because now I would think that you would have to survey every single
home in the City of Miami. And if you have not surveyed every single home in the
City of Miami, I'm going to believe that I'm targeted because of where I live and my
proximity to certain places. And someone who owns a Miami -- a modern home -- a
(UNINTELLIGIBLE) Miami modern home -- modern bungalow in another place may
not face the same effects, and then that's not fair. So those are my concerns.
Mr. Adams: We already at the moment have a mechanism today --
Chair Hardemon: Can you say your name for the record again?
Mr. Adams: My name is Warren Adams, Preservation Officer. We have a mechanism
at the moment to designate any properties that are eligible for designation, either as
an individual property or as part of a district. What this does is, rather than creating
a district, say, with six blocks in it, and designating everything within the district --
some of which are contributing; some are noncontributing -- this allows us to focus in
on purely the buildings which we feel do have some special historic or architectural
merit.
Chair Hardemon: But doesn't it allow you to go further than, say, that block? It
allows you -- If you came up with a theme, such as what was described, "shotgun
homes" -- If there's a shotgun home that is on Northwest 62nd Street and 14th, then
that, in effect, is apart of that same theme.
Mr. Adams: It would be part of the same theme, as long as it was similar style of
architecture, built within the same time period as the theme; and also, as long as it
was a good example; in other words, it was in good condition and had been relatively
unaltered. And again, the intention is not to go in and create large citywide themes.
The intention is to go in and create themes, perhaps --
Vice Chair Russell: Quite specifically.
Mr. Adams: -- that are warranted or for very rare properties within the City, where
there may only be five or six of them, but they may be spread throughout the City.
And rather than going in and trying to designate each one individually, we can go in
and designate them as a theme.
Chair Hardemon: And I don't have -- I mean, I have many historically designated
neighborhoods in my district.
Mr. Adams: Yeah.
Chair Hardemon: And so, I know that there are people who are very in favor of these
districts. And I haven't had anyone from my community -- and, perhaps, they don't
know of this, or they haven't quite been educated on it just yet, but what's -- I don't
know what their opinion is on something like this. Because I was looking, and I
would say, "Well, why shouldn't everyone be apart of this?" I mean, it's exactly the
opposite of the argument that's being made. If all of us are subject to this historic
designation, is that not fair then -- contributing or noncontributing -- is that not fair
then, you identifying just a few of us in this special area?
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Mr. Adams: Yes, and possibly that as another option. However, when you create the
historic district, you could be dealing with maybe 100, 200 properties; everyone has
to be involved; everyone has to contribute their thoughts to it.
Chair Hardemon: But isn't that what makes it all the more beautiful? When you're
traveling to a space, and you drive through historic districts -- And now I look for
them everywhere I go. The last one I saw was in Cordele, Georgia. I drove through
there. They have historic areas there where they preserve the housing. And it is quite
beautiful when you drive through and you see these neighborhoods in totality. And
so, isn't that what you're looking to do? Unless there is just -- sometimes you have
those warn -off places. You have some churches, you have some buildings that people
want to preserve, but other than that, when you talk about neighborhoods, you're
talking about how it all plays together.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Yes.
Vice Chair Russell: So the district ability is still encouraged and it's still possible.
What we found in many cases, though, this is necessary where we've come in so late
that there's no longer a ratio of these houses enough to even warrant that district; in
my mind, makes it even more urgent to preserve what's left. And we couldn't qualms
as a district. We don't want to penalize those that are noncontributing, but we want to
focus in. I think what Mr. Adams could address, though, that would -- that you
brought up that he hasn't yet is the notification process with regard to how somebody
on the other side of town that might have this like home and suddenly might get into
this designation process, do they get a notification, and do they have the ability to
appeal for a hardship or some other form?
Mr. Adams: Yes, everyone will be notified, and everyone will be entitled to an appeal
if the designation goes ahead.
Chair Hardemon: But an appeal. I mean, an appeal, you need an attorney. You need
an attorney, you need money, you know. I mean, you have to be fairly -- I would
think, you have to be fairly educated to have -- to appeal those who are experts that
sit on the Historic Preservation Board, and then -- and there are -- they have the
astuteness that you do when it comes to these issues. I mean, I'm talking about
someone who lives in a shotgun home.
Mr. Adams: Again, it's not just shotgun homes that --
Chair Hardemon: I understand.
Mr. Adams: --this particular district --
Chair Hardemon: That was the example that was --
Mr. Adams: -- is available for.
Chair Hardemon: -- that was the example.
Mr. Adams: Yes. But that would be similar to creating a historic district. If we
created a historic district, then anyone within the district would get notice or
(UNINTELLIGIBLE).
Vice Chair Russell: (UNINTELLIGIBLE).
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Chair Hardemon: But many -- In those ways, you still have a community that kind of
comes together. I've seen neighborhoods raise money to fight things as a
neighborhood, if they chose to fight something. So, I mean, I've seen teamwork in our
neighborhoods; always very proud of that. I just -- the -- Two things. I know, right?
James told you to tell me that? The two things will be this: The effect that this
ordinance has. So does this, in fact, move you a few steps ahead from -- and -- if you
were a preservationist and you were fighting for something like this, fighting for
preservation? And two, do you perceive this to be something that really loads the dye
against those who want to fight against their personal property being designated
contributing or noncontributing?
Mr. Adams: I don't really think it's any different from the current methods we have
for designation at the moment. At the moment, we can designate by district or we can
designate by individual property. This is purely something that's in between that. So
we have -- at the moment, we can designate properties individually, if we want. And
who's to say that a multiple property that designation wouldn't actually be a
miniature district? If we have nine or ten of these properties together, then
technically what you have is -- even though it's a multiple designation; if they're right
next to each other, it's a small district.
Chair Hardemon: So what do you save by implementing this?
Mr. Adams: What do I say?
Chair Hardemon: What do you save? What resources are you saving?
Mr. Adams: We're saving a particular style of architecture and construction.
Chair Hardemon: You describe it -- that's if you were doing a certain number of
houses at a certain amount of time, but effectively, if you were implementing this, why
is this different -- how is this -- how was this better for you -- and I'm saying 'you,"
meaning the board -- than it is -- how is this better than using the individual houses
method?
Mr. Adams: This is a faster process. Really, what we can do is we can do the general
report for all the properties that we had included in that report. If we were to do them
individually, we would need to do an individual report for every designation we
brought forward. So this is -- technically, we have taken a group of properties,
perhaps by style, perhaps by architect, perhaps by use; all of which have a common
theme, are within a certain time period, and are within a certain geographical area,
and doing them at once.
Chair Hardemon: But don't your rules require you to take an individual look at every
single property, though?
Vice Chair Russell: Yeah.
Mr. Adams: Don't the rules --?
Chair Hardemon: The rules require you to take an individual look at every single
property.
Mr. Adams: Oh, we look at every single individual property, but instead of doing 10
individual reports, we do one report that encompasses all the similar properties. So
that is one appearance before the Preservation Board instead of 10.
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Vice Chair Russell: I'd ask for an amendment, actually -- I don't know if it got
incorporated. And if not, I'll do it on the floor. -- to make sure that there was
individual scrutiny even within, even within the thematic preservation, so that we
don't get into a situation where someone could say we just threw a blanket over all of
them; that we looked at each -- Even though we're doing it at all once, we're looking
at each one. A big thing you can look at in this particular case with the shotgun
homes are the shotgun homes in Coral Gables versus the shotgun homes in Coconut
Grove. They're only separated by Brooker Street. But to go from one side to the
other is night and day. They're preserved in the Coral Gables portion. They're
beautiful, they're well -kept, and they are still owned by the original owners. They
found the funds to keep them up. The community helped preserve them. And they are
still owned by the families that have always had them. And that is my goal. That is
my goal.
Chair Hardemon: But black folks didn't live in Coral Gables, though, right?
Vice Chair Russell: They did. It was called "Black Gables. "
Chair Hardemon: They had a Black Gables?
Vice Chair Russell: Yes.
Chair Hardemon: So it was outside Coral Gables?
Vice Chair Russell: It was on our side of U.S. 1.
Chair Hardemon: Because white -- because Coral Gables was a whites -only town,
right?
Vice Chair Russell: It was on our side of U.S.].
Chair Hardemon: We're clear about that, right? Yes? Whites only?
(UNINTELLIGIBLE). Coral Gables was a whites -only town. Somebody help me.
You sure?
Tucker Gibbs: I could tell you.
Chair Hardemon: You knew the owners?
Mr. Gibbs: My office used to be in the West Grove, but Coral Gables part of the West
Grove. And I can tell you that the entire area back there -- you know, Bill Cooper
and that family, very big family in the Gables. And you ought to see the Coral Gables
City Commission stand up at attention when the Coopers bring their neighborhood
into those chambers. Coral Gables -- that was a very small section of Coral Gables;
always was part of the Gables.
Vice Chair Russell: But it's beautiful, and it's taken care of.
Mr. Gibbs: And it was segregated, believe me.
Chair Hardemon: Okay, it was segregated. I'll take your -- I hear you. That's not
what I -- I wasn't there, so. Anyway, so that amendment, is that a part of your
motion?
Vice Chair Russell: Yes, please.
Chair Hardemon: Does the seconder agree to that amendment?
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Commissioner Gort: Yes.
Chair Hardemon: All right. It's been properly moved and seconded with that
amendment. Any further unreadiness or discussion about this item? Seeing none, all
in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Vice Chair Russell: Thank you.
Barnaby Min (Deputy City Attorney): As amended.
END OF FIRST READING ORDINANCES
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I N;&19]1110j111R]ki&'
REA
RESOLUTION
2862
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of Fire-
ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED
Rescue
FISCAL YEAR 2017 — DEPARTMENT OF HOMELAND SECURITY
AYES:
FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"),
URBAN SEARCH & RESCUE ("USAR") COOPERATIVE
AGREEMENT"; APPROPRIATING FUNDS IN AN AMOUNT NOT
TO EXCEED $1,202,013.00 CONSISTING OF A GRANT FROM
FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO
ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE
AND PROGRAM MANAGEMENT, EQUIPMENT CACHE
PROCUREMENT, MAINTENANCE, AND STORAGE;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE ACCEPTANCE OF SAID GRANT.
ENACTMENT NUMBER: R-17-0502
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: I'm looking at RE. 1, 2, 3, 4, 5 -- I mean, at least RE. 1, 2, 3, 4, 5 --
Barnaby Min (Deputy City Attorney): And Mr. Chairman, I believe --
Chair Hardemon: -- and 8.
Mr. Min: -- Public Works is requesting an amendment to RE.5 to clarify the funding
source.
Chair Hardemon: Okay, we'll tackle that in the motion.
Commissioner Carollo: 7.
Chair Hardemon: Is there a motion to approve RE. 1, 2, 3, 4, 5 --
Commissioner Carollo: 7.
Chair Hardemon: -- 7? Is there a 8? 6 and 8? I mean, we could do the whole thing.
Commissioner Suarez: Move it.
Chair Hardemon: All right, it's been properly moved and seconded by the Chair that
we approve the RE (Resolutions) agenda, inclusive of the funding source amendment
that is about to be placed on the record for RE.5. Can you state what it is on the
record?
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Juvenal Santana: Good afternoon. Juvenal Santana, Public Works director. Under
Section 3, the amendment would read, "Funds are to be allocated from the special
revenue account of the department or any other eligible funding sources, subject to
the availability of funding and budgetary approval at the time of need. "
Chair Hardemon: Thank you very much.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Do you mind if we do RE.1 through 8; and RE. 10, we take it
separately? I just have -- Or do you want me to state what my issue with RE. 10 is?
Chair Hardemon: Yeah, just do that; it'd be great.
Commissioner Carollo: Okay. So the issue I have with RE.10 is what happened
earlier -- I guess a year or two ago, when they had a parking garage sold, and that
money was allocated for all of these various things that didn't necessarily come to
City Commission for approval. So what I would want is for future sale or future
transfers, whatever, that it can also come back to City Commission.
Chair Hardemon: I mean, you -- we can make an amendment to the motion to include
that. Does the mover agree?
Commissioner Suarez: That's fine.
Chair Hardemon: All right. So does the seconder?
Commissioner Carollo: Yep.
Chair Hardemon: Any other discussion? Hearing none, all in favor of the motion,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Against? Motion passes, with amendments, as stated on the
record.
RE.2
RESOLUTION
2831
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING
Human Resources
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC
EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 871,
FOR THE PERIOD FROM OCTOBER 1, 2017 THROUGH
SEPTEMBER 30, 2020.
ENACTMENT NUMBER: R-17-0503
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For minutes referencing Item RE.2, please see Item RE.].
RE.3
RESOLUTION
3051
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Solid Waste
VOTE, RETROACTIVELY AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE
COUNTY, FLORIDA, FOR REMOVAL OF DEBRIS FROM COUNTY
MAINTAINED RIGHT-OF-WAYS DUE TO HURRICANE IRMA,
PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND RETROACTIVELY
AUTHORIZING THE EXPENDITURE OF FUNDS FOR SAID
PURPOSE; ALLOCATING SAID FUNDS FROM EMERGENCY
FUND 80000.
ENACTMENT NUMBER: R-17-0504
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item RE.3, please see Item RE.].
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REA
RESOLUTION
3058
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Estate and Asset
EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN
Management
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI ("CITY") AND 1010 NW LLC. FOR THE CITY'S USE OF
APPROXIMATELY 206,530 SQUARE FEET OF LAND LOCATED
AT 1010 NORTHWEST 72ND AVENUE, MIAMI, FLORIDA, FOR
THE STAGING OF HURRICANE IRMA DEBRIS REMOVAL AND
DISPOSAL, IN THE AMOUNT OF TWENTY THREE THOUSAND
EIGHT HUNDRED DOLLARS ($23,800.00) PER MONTH, UNTIL
THE SITE IS NO LONGER NEEDED FOR SUCH PURPOSES;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE SUCH OTHER FUTURE AGREEMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
ADDITIONAL PROPERTY OWNERS, BOTH PRIVATE AND
PUBLIC, AS DEEMED NECESSARY, TO CLEAR SAID REMAINING
DEBRIS FROM THE CITY; ALLOCATING FUNDS FROM
ACCOUNTS TO BE IDENTIFIED BY THE CITY MANAGER,
SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED.
ENACTMENT NUMBER: R-17-0505
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item RE.4, please see Item RE.].
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RE.5
RESOLUTION
3063
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of
THE BIDS RECEIVED ON JUNE 21, 2017 PURSUANT TO
Public Works
INVITATION FOR BID ("IFB") NO. 685385 FROM SFM SERVICES,
Office
INC. ( SFM ), PRIMARY, AND SUPERIOR LANDSCAPING & LAWN
SERVICE INC. ("SUPERIOR"), SECONDARY, THE TWO (2)
LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS TO
PROVIDE LANDSCAPING MAINTENANCE ON BISCAYNE
BOULEVARD ON AN AS NEEDED CONTRACTUAL BASIS FOR A
PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR
THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, FOR A TOTAL
TERM OF FIVE (5) YEARS INCLUSIVE OF THE EXERCISE OF ALL
RENEWALS; ALLOCATING FUNDS FROM THE SPECIAL
REVENUE ACCOUNT OF THE PUBLIC WORKS DEPARTMENT,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY
MANAGER TO ADD ADDITIONAL LOCATIONS AND SERVICES
TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF
THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND MODIFICATIONS TO THE CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0506
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item RE. 5, please see Item RE.].
RE.6
RESOLUTION
2914
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
City Manager's
EXECUTE THE FIRST AMENDMENT TO THE SETTLEMENT
Office
AGREEMENT BETWEEN THE CITY OF MIAMI AND OUTFRONT
MEDIA LLC, F/K/A CBS OUTDOOR LLC, IN SUBSTANTIALLY THE
ATTACHED FORM.
ENACTMENT NUMBER: R-17-0507
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez,
Note for the Record. For minutes referencing Item RE.6, please see "Public
Comment Period for Regular Item (s), " and Item RE. 1.
RE.7
RESOLUTION
3050
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), ACCEPTING GRANT FUNDS IN THE AMOUNT
and Mayor
OF $1,125,000.00 FROM THE STATE OF FLORIDA DEPARTMENT
and Mayor
OF ENVIRONMENTAL PROTECTION FOR THE DESIGN AND
CREATION OF THE CITY OF MIAMI'S STORMWATER MASTER
PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0508
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item RE. 7, please see "Public
Comment Period for Regular Item (s), " and Item RE. 1.
RE.8
RESOLUTION
2976
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE MIAMI-DADE TRANSPORTATION QUICK -
Commissioners
BUILD PROGRAM AND THE IMPLEMENTATION OF THE 2017
and Mayor
MIAMI-DADE TRANSPORTATION QUICK -BUILD CHALLENGE
WINNING PROJECTS WITHIN THE CITY OF MIAMI;
AUTHORIZING THE CITY MANAGER TO SUPPORT AND
FACILITATE SAID PROJECTS IN COOPERATION WITH MIAMI-
DADE TRANSPORTATION AND PUBLIC WORKS; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY
OF THIS RESOLUTION TO THE OFFICIALS REFERENCED
HEREIN.
ENACTMENT NUMBER: R-17-0509
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For minutes referencing Item RE.8, please see Item RE1.
RE.9
RESOLUTION
3069
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
Commissioners
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
and Mayor
CITY ATTORNEY, TO AMEND THE UNITED STATES
ABSENT:
DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT
ADMINISTRATION AWARD NO. 04-79-06827 TO REFLECT THE
PURPOSES STATED HEREIN; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE PARTIES NAMED HEREIN.
ENACTMENT NUMBER: R-17-0500
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. For minutes referencing Item RE.9, please see "Public
Comment Period for Regular Item (s) " and "End of Consent Agenda. "
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RE.10
RESOLUTION
3071
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE
Estate and Asset
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
Management
("CHARTER"), AUTHORIZING THE CITY MANAGER TO EXECUTE
A QUITCLAIM DEED ("DEED"), IN SUBSTANTIALLY THE
ATTACHED FORM, CONVEYING CITY -OWNED PROPERTY
FORMERLY IDENTIFIED AS FOLIO NUMBER 01-0109-070-1031
AND LEGALLY DESCRIBED AS LOTS 3, 4, 5, 6, 19, 20, 21, AND 22
LOCATED AT APPROXIMATELY 40 NORTHWEST 3RD STREET,
MIAMI, FLORIDA ("PROPERTY'), TO THE DEPARTMENT OF OFF
STREET PARKING, ALSO KNOWN AS THE MIAMI PARKING
AUTHORITY, AN AGENCY AND INSTRUMENTALITY OF THE CITY
OF MIAMI ("MPA"), CONTAINING A REVERTER PROVISION AND
TERMS MORE PARTICULARLY DESCRIBED IN SAID DEED;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL DOCUMENTS AND AMENDMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED
NECESSARY TO CONSUMMATE THIS CONVEYANCE.
ENACTMENT NUMBER: R-17-0510
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For minutes referencing Item RE.10, please see Item RE.].
END OF RESOLUTIONS
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/14wivd a 11010►IEVEM114►III c94:9[07►1
ACA ATTORNEY-CLIENT SESSION
3095 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Attorney CONDUCTED AT THE OCTOBER 26, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE
ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT
CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY OF MIAMI
IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL
BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY
SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M.
(OR AS SOON THEREAFTER AS THE COMMISSIONERS'
SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE
HOUR LATER. THE SESSION WILL BE ATTENDED BY THE
MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE
CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL,
AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK
CAROLLO, AND FRANCIS X. SUAREZ; GONZALO DORTA, ESQ.;
MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A
CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE
THAT THE SESSION IS FULLY TRANSCRIBED AND THE
TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION
OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND
THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT
SESSION.
IRESULT: DISCUSSED
Commissioner Gort: Move to adjourn.
Chair Hardemon: Well, are we doing anything upstairs, City Attorney's Office?
Victoria Mendez (City Attorney): That's what we need to find out, because --
Commissioner Gort: Commissioner Russell's not here.
Ms. Mendez: -- Commissioner Russell's not here.
Commissioner Suarez: Yeah, I think, let's --I think we're done.
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Chair Hardemon: Yeah. Commissioner Russell --
Vice Chair Russell: Outside counselor --
Chair Hardemon: -- it's his daughter's birthday.
Ms. Mendez: Our outside counsel is here.
Chair Hardemon: It's his daughter's birthday.
Ms. Mendez: I'm sorry?
Chair Hardemon: It's his daughter's birthday, right?
Commissioner Suarez: His daughter's birthday.
Chair Hardemon: Yeah, it's his daughter's birthday. You paid for the outside
counsel?
Ms. Mendez: Well, we --
Barnaby Min (Deputy City Attorney): And a court reporter, but that's --
Ms. Mendez: -- paid for the amount of --
Chair Hardemon: Y'all got lots of money, right?
Ms. Mendez: -- time they're here.
Commissioner Suarez: Yeah, but they're not -- we're notgoing to
(UNINTELLIGIBLE) time, so we're not going to pay anything.
Ms. Mendez: Okay. So then we -- if not, then we need to -- it would be December.
Mr. Min: We'll roll this over till December, because of the elections that are coming
up. We do not know who the --
Chair Hardemon: Okay. That's --
Mr. Min: -- Commissioners will be.
Chair Hardemon: -- for AC.2. Well, let's do both.
Mr. Min: AC.1 is also going to be rolled over to December.
Chair Hardemon: Right.
Ms. Mendez: Right.
Chair Hardemon: Because both of those affect --
Ms. Mendez: So we will announce them on November 16.
Chair Hardemon: Okay. Sorry. Who made money? So that's deferred. All right,
seeing no further items on the agenda, this meeting is over.
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AC.2 ATTORNEY-CLIENT SESSION
3096 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Attorney CONDUCTED AT THE OCTOBER 26, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE CASE OF VILLAGE OF KEY
BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, TO
WHICH THE CITY OF MIAMI IS PRESENTLY A PARTY. THE
SUBJECT OF THE MEETING WILL BE CONFINED TO
SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON
HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND
COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO,
AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J.
ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY
ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION
CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-
RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY
AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER
WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON CHAIRING THE COMMISSION
MEETING WILL ANNOUNCE THE TERMINATION OF THE
ATTORNEY-CLIENT SESSION.
RESULT: DISCUSSED
Note for the Record. For minutes referencing Item AC.2, please see Item AC.1.
END OF ATTORNEY-CLIENT SESSION
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1-11111211111-111Biel NkI
BU.1 BUDGET DISCUSSION ITEM
1514 MONTHLY REPORT
Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES
Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
Budget BUDGET)
II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT: DISCUSSED
Chair Hardemon: Okay. BU.1.
Christopher Rose (Director): Thank you, Commissioners. Chris Rose, Office of
Management & Budget. BUJ is the monthly budget report. We are now 26 days into
the fiscal year. It is actually the hardest time of the year to projector really calculate
last year's number, because as we're going through the year, we know things that are
happening. After the year closes is when sometimes surprises occur, so we're
watching. There are no surprises at the moment, but it is sometimes a challenge. At
this time we're expecting a surplus this past fiscal year of $32.5 million, which is
about three and a half million dollars higher than the last report. We are closing the
City's books in stages; all but the general ledger closed right now. We have items
that we have discussed in the past that will be coming before you for end -of -year
budget amendment on November 16; among those are things that we have talked
about already: the Fire Department, Procurement, Building Department, EB5
Program, land acquisition for the new Fire Station 1, walkways at Museum Park,
workforce in the Grant's Department; and the City Clerk, for advertising costs.
We're also exploring some ideas -- some possible amendments at the end of year for
rollover funds for affordable housing in Community Development. The James L.
Knight Center settlement is sitting in the general fund, but we have not completed the
settlement, so we will need to roll that over into future years, and reserves to match
for Hurricane Irma. Regarding Hurricane Irma, we had a large meeting yesterday
with our Federal partner and all departments. At this time a preliminary -- and I'm
going to say this carefully -- draft estimate of the cost of Hurricane Irma is $73
million. The Federal Government will reimburse for the majority of these costs, and
we are still calculating what the City match will be. I'll be happy to take any
questions you may have at this time.
Commissioner Suarez: Questions, yeah. What do you anticipate the City match to be,
roughly?
Mr. Rose: I have a number.
Commissioner Suarez: That worries me, by the way, when you say that.
Mr. Rose: Yeah. And I -- How `bout this: somewhere in the 7 million -- 5 million --
Commissioner Suarez: Okay.
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Mr. Rose: -- to $7 million range would be the match, and that comes from a number
of different calculations, so I --
Commissioner Suarez: Okay.
Mr. Rose: -- have to hold it --
Commissioner Suarez: We'll --
Mr. Rose: Right.
Commissioner Suarez: -- sit -- we can talk about that offline.
Mr. Rose: Remember that --forgive me, Commissioner -- debris removal now, FEMA
(Federal Emergency Management Agency) has told us they will -- the Federal match
will be 90 percent; the State will be 5; and the City will be 5, and that's a good --
Commissioner Suarez: So that's not --
Mr. Rose: -- 30 --
Commissioner Suarez: Yeah, it has nothing to do with the price; that has to do with
just the way they're going to reimburse.
Mr. Rose: Yes, sir.
Commissioner Suarez: Got it. Okay, that makes sense. Other question: What is our
projected budget surplus for the year?
Mr. Rose: For last fiscal year?
Commissioner Suarez: Yeah, for this --
Commissioner Carollo: Thirty-two point --
Mr. Rose: Thirty-two and a half million dollars.
Commissioner Suarez: Okay.
Commissioner Carollo: --five.
Commissioner Suarez: And that's with the restricted --?
Mr. Rose: Well more than half. I would say approximately half of that will be
restricted -- more than half of that will be restricted, because of the Building
Department revenues, which will all be restricted.
Commissioner Suarez: What would be the total fund balance?
Mr. Rose: Total fund balance would go from 131 million to 166 million.
Commissioner Suarez: And what's our financial integrity threshold number?
Mr. Rose: Its going to be about 116 million, sir.
Commissioner Suarez: Okay. Thank you.
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Mr. Rose: Yes, sir.
Chair Hardemon: Any further questions? Seeing none, thank you very much. And
I'd like to say to Mr. Poms in the Orange Bowl Committee, "Thank you. " You were --
you -- the Orange Bowl Committee was very instrumental in giving dollars to help
with hurricane relief. And so, what you did helped all of us in the entirety of the City
of Miami. I know it helped specifically me and my district, so on the behalf of all of
us, we just want to say, "Thank you all very, very much for helping out. "
Commissioner Suarez: Good job. Good job, guys.
END OF BUDGET
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31a3l61119i11:9IQkiIIll 1114Jil;.1
D1.1 DISCUSSION ITEM
2239 DISCUSSION REGARDING A PRESENTATION BY THE
City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES
Office CONCERNING THEIR ANNUAL REPORTS: - URBAN
DEVELOPMENT REVIEW BOARD
RESULT: DISCUSSED
Chair Hardemon: Robert Behar: Good morning, Mr. Chair. Commissioners, my
name is Robert Behar. I'm here today as the chairperson of the Urban Design Review
Board I respectfully -- Discussion item number 1 -- respectfully request the
opportunity to give you a 30 -second report that I have. Over the -- thank you very
much. Over the last year, between the Planning Department, the director, who has
been fantastic to work with, we reviewed -- we had 13 meetings. We reviewed 37
projects. We anticipate that this year, it will be more or less the same, and we
continue to serve the City as best as we can. That's basically it. It took its five
meetings to do this. Okay, if you have any question, I'll be more than happy to
answer.
Commissioner Carollo: Thank you.
Mr. Behar: Thank you very much.
Chair Hardemon: Thank you, sir.
D1.2 DISCUSSION ITEM
2534 QUARTERLY UPDATE BY MR. WAYNE PATHMAN, CHAIRMAN OF
Office of THE SEA LEVEL RISE COMMITTEE AND MEMBERS OF THE SEA
Resilience and LEVEL RISE COMMITTEE REGARDING RECOMMENDATIONS
Sustainability FOR ADVANCING THE CITY OF MIAMI'S RESILIENCE TO
INCREASED FLOODING RISKS ASSOCIATED WITH SEA LEVEL
RISE.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Notes for the Record. Item DI.2 was deferred to the December 14, 2017, Regular
Commission Meeting.
Chair Hardemon: DI 1.
Todd B. Hannon (City Clerk): That was handled earlier this morning, sir.
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Chair Hardemon: Good. DI.2.
Nzeribe Ihekwaba (Assistant City Manager/Chief of Operations): Mr. Chair?
Chair Hardemon: Yes.
Mr. Ihekwaba: The chairman of the Sea Level Rise Committee, Mr. Wayne Pathman,
has requested for this item to be deferred to December meeting.
Vice Chair Russell: Move it.
Chair Hardemon: All right.
Commissioner Suarez: Second.
Chair Hardemon: Any further discussion on that? Hearing none, all in favor, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: That motion passes.
D1.3 DISCUSSION ITEM
2603 DISCUSSION TO REVIEW THE UNSOLICITED PROPOSAL
Department of Real SUBMITTED BY RUDG, LLC ("RELATED") TO FORM A PUBLIC -
Estate and Asset PRIVATE PARTNERSHIP FOR THE OLYMPIA THEATER (ALSO
Management KNOWN AS THE GUSMAN THEATER), WHEREBY RELATED
PROPOSES TO RENOVATE THE THEATER AND REDEVELOP
THE EXISTING RESIDENTIAL UNITS.
RESULT: DISCUSSED
Note for the Record. For additional minutes referencing Item DL3, please see
"Public Comment Period for Regular Item(s) " and Item NA.2.
Chair Hardemon: D1.3.
Commissioner Carollo: That was --
Vice Chair Russell: I will -- I'll take this one up, if l may. The Related Urban Group
did submit a proposal; they have withdrawn that proposal. I've been deferring this a
couple times, knowing that there was a lot of miscommunication within the community
between them and the intention of the developer; and so, I saw it wasn't ready. But
watching that tension rise even further, I think Related recognized that this isn't the
right time or maybe the right way to do this. I'd like to direct our City Manager to
put together an RFP (Request for Proposals), starting with a community-based
visioning for the Olympia. There's many questions we can look at. Right now it has
affordable housing, of which I am a fan. And I think, if it were cleaned up right and
put back together in the right way, it could service downtown very nicely, but there
are other concepts: cultural offices for artistic groups; housing for artists that are at
the Olympia Theater; you name it. Maybe it's a blend. Maybe it's a mix. But also
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want to really get clarification on the study of what is necessary to renovate the
facade of the structure, because the idea of demolition sounds horrible. But if I
understand correctly, the only way to fix that fagade is to take every brick off that
building, fix what's behind it, and put it back together. So I need a full study on that
before we move forward, so it's going to study what our uses are, how we're going to
manage it, how we're going to pay for it, and then I want us to issue an RFP. What
I'd like to do, though, is start with the historic side at the beginning of the process
rather than at the end, because right now I believe that our process of RFP, when we
get unsolicited, is more driven by the Real Estate Asset Management side than it is the
historic side, which kind of comes in a little later, and I'd really like this look at the
Olympia and what we want to do with it moving forward to start with them and the
community in mind. And finally, I think the outcome of the bond may have an effect
on this discussion as well, because we may have new funds available to us that we
may not need as much the help of a P3 or an outside partner, but that new RFP and
whatever comes of it will determine a lot, and then I think that may be the right
method to go.
D1.4 DISCUSSION ITEM
2626 DISCUSSION TO REVIEW THE UNSOLICITED PROPOSAL
Department of Real SUBMITTED BY SANCTUS SPIRITUS LLC ("PROPOSER") FOR A
Estate and Asset PUBLIC-PRIVATE PARTNERSHIP TO REDEVELOP FORT DALLAS
Management PARK AND DEVELOP A RESTAURANT THEREON, AS WELL AS
MAKE CAPITAL IMPROVEMENTS TO THE PALM COTTAGE.
REI SULT: DISCUSSED
Notes for the Record. A motion was made by Commissioner Gort, seconded by Vice
Chair Russell, and was passed unanimously, with Chair Hardemon and
Commissioner Suarez absent, directing the City Manager to issue a Request for
Proposal (RFP) for Fort Dallas Park after seeking input from the Waterfront
Advisory Board, Historic and Environmental Preservation (HEP) Board, Miami
River Commission and the Downtown Development Authority (DDA) on what the
RFP should entail, including the appropriate scoring system for the RFP.
For additional minutes referencing Item D1.4, please see "Public Comment Period
for Regular Items. "
Chair Hardemon: D1.4.
Vice Chair Russell: DI.4, I believe we received an unsolicited proposal for
preservation and redevelopment of Fort Dallas Park, where we used to have the
Bijan's Restaurant on the Miami River. A restaurateur has approached us, but I
believe they have revised their plan. I don't know if that forces them back to the
drawing board on their application, where they are in that process. If that's something
we can move forward on at this point or not, I'd love to hear.
Ronald Rick: Thank you, Commissioner. My name is Ron Rick, on behalf of Sanctus
Spiritus Hospitality, our company. I'd like to thank you for having us this afternoon
and giving us a time to give our proposal. Here are some visuals about our project.
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Vice Chair Russell: Mr. Rotenberg, is --? I'm sorry. Mr. Chairman, if I may? Mr.
Rotenberg, is this proposal similar enough or --? Are we able to accept this proposal
within the original application that they've made, or is there -- do we need to go back
to the drawing board?
Daniel J. Alfonso (City Manager): After speaking with the City Attorney right now -- a
deputy City Attorney; sorry -- I don't think we need to change anything. It's direction
from the Commission that we need more than anything else at this point, so nothing
has to change, and correct me if I'm wrong.
Barnaby Min (Deputy City Attorney): Correct. This is step I in the process. If the
Commission wants to entertain this unsolicited proposal, you can give direction to the
Administration to proceed, and they will go through the process of evaluating it and
issuing the appropriate RFP (Request for Proposals).
Mr. Rick: So at Fort Dallas Park --just to give you a little brief overview, if you are
not familiar, to be re -acclimated to it -- It is on Northwest 4th Street, on the Miami
River. It has a -- it's a -- there's a park. It used to be the Bun's Restaurant; it's on the
Miami River. There is an old -- it's the palm cottage, which was a worker house for the
Florida East Coast Railway when it was under construction. The -- there's a dock; it
needs improvement. It is a central part of the Miami River community, but it is
completely misused. The park is currently surrounded by a fence. It is filled with
trash. There is debris and material all over the sides of the fence, just because of
inadequate maintenance; as well as the buildings themselves being vacant, abandoned,
and infested with pests and bugs. So, like I said, the site is in disrepair. The City is
continuing to spend money not only on maintaining the property, but also as far as a
lack -- a misuse or a -- I'm sorry -- a loss of economic opportunity. Its attracting the
wrong people. It is a center for homeless people that just surround the middle of the
downtown area and depresses the surrounding areas, which otherwise should be a very
vibrant heart of the community. There, you have some pictures of the property with the
dock and the abandoned buildings and structures there. So our proposal is to clean it
up. We've redesigned it -- You have our proposal there in front of you -- into a modern
urban city center that will be hip, young; bring youth and vibrance into the area. It
will be centered around a high -- a flagship restaurant, which we plan to bring in a
very renowned operator. And then, also, to create a unique experience, which is not
just a dining experience, but also a lifestyle experience where people can come and
spend the entire day; whether it be in the morning, getting a coffee, or going on a run
or a jog, grabbing some pastries, but also to have lunch, dinner; maybe a boutique
shop or two; and become engaged in the property, which is a self-sustaining property,
which will hopefully be a draw for our tourists, residents, and everybody in the area.
And then to even venture further out and help to revitalize the downtown area. So --
Vice Chair Russell: We don't have quorum?
Mr. Rick: -- we want to draw -- with our architectural plan, we want to draw on the
City's spirit, the spirit of -- and the history of the City. It has the cottage; we want to
completely renovate that. We want to activate the palm cottage through educational
material, which we've been in consult -- talking with Dade Heritage Trust and
Christine Rupp, as far as how we should activate that historical element. We want to
use architecture that plays on the diversity and the history of the commerce of the City,
and we want to create a synergy of -- and integrate the river walk, the park, and all
elements of the site to create a world-class vibrant community. So the name of the
restaurant is El Malecon. And for those of you who are Cuban American or of
Hispanic decent, that should resonate and bring back nostalgia ideas of what is in
Havana; but more so, as far as Spanish culture goes -- and a brief history lesson of
Spanish culture and the -- Spain as a country. Spain was centered on the
Mediterranean -- is on the Mediterranean; cities are there, so all the commerce and
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trade goes down to the ports. And the port is the Malecon, where everybody --
businesspeople trade, go, and they congregate. It's more than just that. It's life. It's
culture. We want to bring that culture element here, and that's kind of what we try to
use with that name. We want to create -- bring culture and bring the life and vibrance
into the City. By doing that, we would like to have monthly events, such as art walk,
artistic events, and such as that. I myself, I'm a part of the City. I live in the City. I
have a vested interest to see this City be successful, and a great place for me to live
and my family to live and for future generations to live, and I would like to see this
project be successful and thrive. So for that, that's my vested interest, and I think our
entire management team is the same way. We're a small group; we're accessible. We
believe in teamwork and communication. And our team is ready to move on this.
We're ready, willing, and able. We have the financial ability. We have the
management and the professional team behind us ready to go, the engineers and our
consultants and architects. We've all been working on this very hard, and I guess
that's -- I don't know if you have a --
Vice Chair Russell: We have the renderings here.
Commissioner Gort: We have the rendering, yes.
Vice Chair Russell: Mr. Rotenberg.
Mr. Rick: Questions.
Vice Chair Russell: Yes. Thank you. The RFP process on this, I want to make sure
that we do this with as much of an open process as possible with regard to any
suggestions that may alter this plan for the positive. It may be a good plan, but it may
warrant improvements as well that, you know, cherish the historic cottage, increase
access and visibility, and is the right use that we're looking for. I -- it's been a
restaurant before. It's situated right for a restaurant. I don't agree with what was
done before in terms of building -- (UNINTELLIGIBLE) buildings that mimic the
historic building but in a cheaper way, so this is a departure from that, with a modern
add-on to it, which I personally don't have an issue with, but I would love to see input
from the Dade Heritage Trust, who I know they've already been talking with. What is
the process from here, if we were to give direction to accept the unsolicited proposal,
with regard to input on the issuance of the RFP from there forward?
Daniel Rotenberg (Director/Department of Real Estate & Asset Management):
Whatever you direct us to do at this point.
Mr. Min: And just to be clear, it's not an acceptance of the unsolicited proposal. What
occurs is that the Administration goes through the process of evaluating it, including
issuing an RFP to consider any other proposals that may be submitted --
Vice Chair Russell: But we're --
Mr. Min: -- (UNINTELLIGIBLE) the RFP.
Vice Chair Russell: -- accepting the check.
Mr. Min: You're accepting the idea. The check is for the work that has to be
conducted.
Vice Chair Russell: Yes.
Mr. Min: The services --
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Mr. Rotenberg: And we would have to do due diligence --
Vice Chair Russell: I'm sorry?
Mr. Rotenberg: We would have to do due diligence on the current applicant.
Vice Chair Russell: Understood.
Mr. Rotenberg: There's a process.
Mr. Min: So while the check may be cashed and the work may be performed, there is
no guarantee that the proposer will be granted the project. There is --
Vice Chair Russell: Of course.
Mr. Min: --a process.
Vice Chair Russell: No, I understand that. But on the RPP that's issued out to the
community, does it have to mirror what they offer, or can we alter that based on input
from the community and the Historic Preservation Board?
Mr. Min: There is something that can be taken in consideration. This is -- again, this
is step 1 in the process. This has been brought to the attention of the Administration.
The Commission is entertaining the proposal. Based on the proposal, the
Administration can then put something out to see what's out there as a option for the
Commission to consider.
Vice Chair Russell: If I'd like to get some input from the Historic & Environmental
Preservation Board, for example, on the RFP that we issue, what's the right process?
Mr. Min: I believe you could simply give a directive --
Vice Chair Russell: Yes.
Mr. Min: -- that the Administration take -- prior to issuance of the RFP, take the RFP
to all the appropriate bodies, whether it be the HEP (Historic & Environmental
Preservation) Board --
Vice Chair Russell: Waterfront Advisory Board --
Mr. Min: -- Water, Miami River Commission --
Vice Chair Russell: HEP Board.
Mr. Min: -- whatever boards that this Commission thinks is appropriate.
Vice Chair Russell: Yes, please. Waterfront Advisory Board, HEP Board. Who am I
missing?
Mr. Min: Do you want to consider the Miami River Commission?
Vice Chair Russell: Miami River Commission, yes, and I believe that's it. I don't want
to hold it up forever.
Commissioner Gort: DDA (Downtown Development Authority).
Vice Chair Russell: But I do want the right -- I'm sorry?
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Commissioner Gort: DDA.
Vice Chair Russell: And the DDA, yes. We've already -- Oh, no, we haven't taken a
resolution on this. But, yes, those boards. And then, from that point forward, I think
we'll have a very good direction on issuance of the RFP, and they could then alter their
-- they would bid as one of the bidders within that RFP. They could alter their
proposal --
Mr. Rick: Correct.
Vice Chair Russell: -- at that point --
Mr. Rick: Yes.
Vice Chair Russell: -- to suit the RFP. That's -- yes. We don't have a quorum even to
make a direction at this point.
Commissioner Gort: Let me tell you something about the unsolicited proposal. I used
to do quite a bit in the business, but of course, it was in finance business, which is
different. If you come out with a proposal that created savings at about 5 percent, you
automatically can become the dealer in that proposal. Inhere, it's a little different. If
this is accepted, you have to pay $25, 000 to do the (UNINTELLIGIBLE) and all that,
but we can also ask the Administration to come out with an RFP, and they can come as
part of the RFP --
Vice Chair Russell: Yes.
Commissioner Gort: -- and they can save 25, 000.
Vice Chair Russell: Well, I guess that's up to them. If they feel that there's an
advantage in being the first at the table with their proposal, does that give them any
advantage in the process then?
Mr. Rotenberg: I think it kind of does, instead of first one up on the table and they help
craft what was going forward at this point, and they did put the check up at this point
as well, so we did due diligence on them, which puts them a little bit further ahead, but
that's about it.
Vice Chair Russell: Yep.
Mr. Rotenberg: That would be the only advantage.
Commissioner Gort: Move it.
Vice Chair Russell: Right. We can now move it. I thank you. And I'll second it. So
the direction is, you have to send it to those boards, and come up with a scoring system
appropriate to the recommendations given by those boards as well. I'm sorry. I guess
I'm the Chair. Movement -- it's been moved and seconded. All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
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D1.5 DISCUSSION ITEM
3143 DISCUSSION REGARDING ADEQUATELY PREPARING FOR
Commissioners POTENTIAL SAFETY ISSUES WITH EVENTS INVOLVING LARGE
and Mayor PUBLIC VENUES.
RESULT: DISCUSSED
Vice Chair Russell: Now we move on. We're going to DL 5, please.
Commissioner Suarez: Not sorry about any of it.
Commissioner Gort: We've been at it too long.
Vice Chair Russell: DI. 5.
Commissioner Carollo: Thank you, Mr. Chairman. So DI. 5, I bring as a discussion
item. It's an item that I wanted to get -- So let me start by this, saying that I have
always believed that public safety is a priority. So being that last year -- and you
have it in your backup -- I wrote an email to the Manager regarding additional safety
measures when it came to New Year's Eve. I specifically mentioned about snipers in
large crowds, because that was a concern of mine. And we saw what recently
happened in Las Vegas. The fears that I had here actually occurred somewhere else.
So we host a lot of large events, from the Coconut Grove Arts Festival; Calle Ocho,
which also happens to be my district; Bayfront Park; I just mentioned New Year's
Eve; Ultra; many large events here in our City of Miami. And I want to make sure
that our Police Department is aware that we believe that public safety is priority, and
we want to make sure that we're ready for any type of attacks that could happen. So
I'm bringing this forward. I also come from -- like we mentioned earlier, from the
Miami -Dade Police Department SRT (Special Response Team), also known as SWAT
(Special Weapons and Tactics) Team. I have been in contact with the County, you
know, regards to issues like this, and I want to make sure that we have a more
comprehensive plan. And I understand public safety, so I don't want to go too, too
public, but when I express my concern, once again, and the only answer I get is
"thank you, " I figured it's time to bring it to the Commission and make sure that we're
serious about this, because if some type of terrorist attack happens, especially at one
of these major events, especially when it's a lot of times televised nationally, I want to
make sure that we're prepared. Chief.
Rodolfo Llanes: Rodolfo Llanes, Chief of Police. The email from last year and the
email this year, Commissioner, I'm sorry didn't have a question, and so that's why I
didn't respond. But internally --
Commissioner Carollo: Well, you actually did respond to the email last year.
Chief Llanes: Because it was after the plan, and you asked if I had -- if we had
adjusted the plan, and we did adjust the plan. At that time, the issue -- the big issue at
the time was vehicle attacks, and so we adjusted our plan to address vehicle attacks.
Commissioner Carollo: It also included -- and I'm going to read verbatim -- "as well
as documenting incidents with snipers in large crowds. "
Chief Llanes: Absolutely, and that was after the Dallas incident. As you well know,
we -- as -- in law enforcement, we're the target of that. So the plans continuously get
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adjusted, based on issues that happen around the country and around the world. And
so we endeavor to do that for every single event.
Commissioner Carollo: Are we prepared, Chief?
ChiefLlanes: Absolutely.
Commissioner Suarez: Mr. Chair. Go ahead, continue.
Commissioner Carollo: I'll yield to Commissioner Suarez.
Commissioner Suarez: Thank you, thank you. You know, what kind of weapon was
used in Las Vegas by --?
Commissioner Carollo: AR -15 (ArmaLite rifle).
Chief Llanes: A .223 Bushmaster.
Commissioner Suarez: A long rifle.
Chief Llanes: Yes, sir.
Commissioner Suarez: Right. And that's a legal weapon, correct?
Chief Llanes: Yes.
Commissioner Suarez: Right. And so, you know, obviously, when we -- when you
made a recommendation that I supported to, you know, arm our officers with these
long rifles, unfortunately -- Well, first of all, I want to thank you, because you really
listened to the community, some of the concerns. You made a lot of major adjustments
to your policies to take into account maybe people who were new to the job, and you
did a variety of different things from a policy and procedure perspective to ensure
that we didn't have any negative incidents. But, unfortunately, what we've seen is a
continued amount of these active shooters with these long ries, engaging the public,
engaging officers, and it's not something that you want to be right on. It's not like a
right or wrong thing, you know. You don't want to be right on something like this, but
I really do have to reflect back on that decision and think, you know, that -- as I visit
other cities across the State and across the US (United States), I do have a sense of
comfort in knowing that our officers have the same equipment that, unfortunately,
some of these bad actors have. And in the case of Las Vegas, they also had something
called a "bum stock, " if I'm not mistaken --
ChiefLlanes: Yes.
Commissioner Suarez: -- which essentially allowed for conversion of a semi-
automatic to essentially an automatic.
Chief Llanes: Well, what it does is it takes the recoil action of the weapon and
discharges the weapon again.
Commissioner Suarez: Right.
ChiefDanes: So it doesn't take numerous pulls of the trigger; it's just a recoil action.
Commissioner Suarez: Right. You just pull once and it --
ChiefLlanes: Makes itfire again. Correct.
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Commissioner Suarez: -- it's as if you were pulling a bunch of times in the same
fashion, as if it were an automatic weapon, essentially, or close to --
Commissioner Gort: Yes.
Commissioner Suarez: -- an automatic weapon.
Commissioner Gort: Becomes an automatic weapon.
Commissioner Suarez: Right. So I just -- You know, again, I want to thank you for,
you know, for having the courage to propose that back then, because I think this is,
unfortunately, one of those situations where, thankfully, we haven't had any negative
incidents, but what has happened is these incidents continue across the country,
unfortunately. Sorry.
Chief Llanes: I mean, part of that vetting process was, you know, a lot of the
community doesn't have to think about these things on a daily basis; however, we do.
Commissioner Suarez: Yep.
Chief Llanes: And so --
Commissioner Suarez: Absolutely.
Chief Llanes: -- we put lots of effort in discussions and planning in order to mitigate
some of these events. As we know, they -- very few times are the same attack mode
repeated; and so, they're usually unique or variations of one another. And so, we will
-- we always continue to train and change our plans as events unfold around the
world.
Commissioner Carollo: Mr. Chairman.
Commissioner Gort: Yes, sir.
Commissioner Carollo: Thank you. And, Chief, I just want to make sure that we
continue to be innovative in the way we look at these events to make sure that public
safety is the most -- is taken with the most priority. I saw the level of security and the
level of public safety interacting with different agencies, working in collaboration
during the All-Star Game, but I don't necessarily see that with all the other events that
we host, so I'm hoping there's more collaboration with the County, other departments,
and so forth. And realistically, today we approved CA. 1, which was funding, even
though on a regional level, but to deal with acts like this. So I'm just -- again, I just
want to make sure that we emphasize this is extremely important, and that we're doing
everything we can to make sure that we are prepared for any terrorist attack in any of
these venues and events, and I mentioned a few of them. We also have the Boat Show,
Calle Ocho; I mean, Art Basel. There's a whole bunch of these events that happen in
our beautiful city, and I want to make sure that we are prepared for anything that may
happen or could happen.
Chief Llanes: Yes, sir.
Commissioner Gort: Chief, let me ask you a question. I know you're constantly
training, and you train also the Fire Department for this type of occasion. My
question's going to be ShotSpotter. Can that be mobile?
Chief Llanes: No. ShotSpotter has to have a fixed --
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Commissioner Gort: Fixed location.
Chief Llanes: -- area to be able to triangulate the sound of gunfire, and so you -- I
guess you could make it mobile, but it's very -- it's complicated in how they set up
their microphone system in order to triangulate where a gunfire's coming from.
Commissioner Gort: Just food for thought, because let's face it. You cannot look at
all the buildings. What took place in Texas, a guy rented a hotel room. He went to
that room. How can you avoid that? Except for having the hotel -- the facility around
to make sure there's no weapons coming into in the area, and that'll be very difficult.
But if you could have a system where you have a spot (UNINTELLIGIBLE) where it
can identify where the fires are coming from, I think it will be very helpful to you.
Chief Llanes: I think we have a very good plan in place --
Commissioner Gort: Good. I don't want you to say --
Chief Llanes: -- in order to address something like that.
Commissioner Gort: -- Don't say anything. Thank you, Chief.
Chief Llanes: You're welcome.
Commissioner Gort: Any further questions? Do I have a motion to adjourn?
Adjourned.
Todd B. Hannon (City Clerk): No, sir. Sir, we still --
Commissioner Gort: What do you have?
Mr. Hannon: -- have Planning & Zoning items.
Commissioner Gort: What do we have?
Unidentified Speaker: (UNINTELLIGIBLE).
Mr. Hannon: No, no, no. We still have PZ.4 and S, PZ.8, 9, 10, 11 and 12, and two
shade meetings.
END OF DISCUSSION ITEMS
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PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S)
Chair Hardemon: I'll open up the public comment for item PZ. 8, 9, 10, 11 and 12. Is
there anyone from the public that will speak on those items? Seeing no one from the
public, I'll close the public hearing on PZ.8 --
Commissioner Suarez: So moved.
Chair Hardemon: -- 9, 10, 11 --
Commissioner Carollo: Second.
Chair Hardemon: -- and 12. Well, we have to --
Commissioner Suarez: Todd doesn't like that.
Chair Hardemon: -- read the title into the record for PZ. 8.
Commissioner Suarez: Todd doesn't like it.
PART B: PZ - PLANNING AND ZONING ITEM(S)
The following item(s) shall not be considered before 2:00 PM:
PZ ORDER OF THE DAY
Chair Hardemon: I'm going to call the meeting into order. I understand that we
cannot officially have any business done until we have a quorum, but I'd like for Mr.
Garcia to -- Well, first, I'll allow the City Attorney's Office to read into the record the
afternoon procedures for Planning & Zoning and then I'll have the Clerk swear
everyone in; and then, Mr. Garcia, I'll have you announce which items you believe
will be continued and deferred so that there's notice; and then, hopefully, while you're
doing that, we'll have another Commissioner join us --
Vice Chair Russell: We have --
Chair Hardemon: -- like we have now, and we'll make that motion and move forward
to return back to our regular agenda.
Victoria Mendez (City Attorney): Thank you, Chairman. PZ (Planning & Zoning)
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 City Clerk.
Please note, Commissioners have been briefed by City staff and the City Attorney on
items on the agenda today. The members of the City Commission shall disclose any
ex parte communications, pursuant to Florida Statute 286.011(5) and Section 7.1.4.5
of the Miami 21 Zoning Code. Any person may be heard by the City Commission
through the Chair for not more than two minutes on any proposition before the City
Commission, unless modified by the Chair. If the proposition is being continued or
rescheduled, the opportunity to be heard may be at such later date before the City
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Commission takes action on such proposition. The Chairman will advise the public
when the public may have the opportunity to address the City Commission during the
public comment period. When addressing the City Commission, the member of the
public may first state his or her name, his or her address, and what item will be
spoken about. A copy of the agenda item titles will be available at the City Clerk's
Office and at the podium for your ease of reference. Staff will briefly present each
item to be heard. For applications requiring City Commission approval, the
applicant will then present its application or request to the City Commission. If the
applicant agrees with the staff recommendation, the City Commission may proceed to
its deliberation and decision. The applicant may also waive the right to an
evidentiary hearing on the record. The order of presentation shall be set forth in
Miami 21 and in the City Code, providing the appellant shall present first. For
appeals, the appellant will present its appeal to the City Commission followed by the
appellee. Staff will be allowed to make any recommendations they may have. All
persons testifying must be sworn in. The City of Miami requires anyone requesting
action by the City Commission must disclose before the hearing anything provided to
anyone for agreement to support or withhold objection to the requested action,
pursuant to City Code Section 2-8. Any documents offered to the City Commissioners
that have not been provided seven days before the meeting as part of the agenda
materials will be entered into the record at the City Commission's discretion. Thank
you.
Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be
speaking on any of today's Planning & Zoning items -- if you will be speaking on any
of today's Planning & Zoning items, may I please have you stand and raise your right
hand?
The City Clerk administered oath required under City Code Section 62-1 to those
persons giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair Hardemon: Thank you. Mr. Garcia?
Francisco Garcia: Yes, sir. For the record, Francisco Garcia, Planning & Zoning
Director. As pertains to the Planning & Zoning agenda of today's meeting, the
following items are ones that I have heard from either the board and others may be
subject to continuances or deferrals: I have item PZ.2 and PZ.3. These two are
companion items, and these are the request for land use change and zoning change
for properties along Day Avenue; namely, 3830, 3840, 3850, 3860, 3841, 3851, 3865
and 3875 Day Avenue. It was requested this morning that those be continued. And in
addition to that, I believe there is also consensus that item PZ. 7, which is an appeal to
the City Commission of a certificate of appropriateness, issued by the Historic and
Environmental Preservation Board for a property at 3500 Main Highway, better
known as the Coconut Grove Playhouse; that, too, I understood there was a desire to
continue. So those are the three items that, again, I've heard interest in continuing.
And in addition, I know that there is an appellant for one of the cases, Case PZ. 13,
which happens to be a warrant appeal for a property at -- my apologies, here it is --
125, 127, and 131 Northwest South River Drive. Mr. Tucker Gibbs, I believe, has an
interest in addressing you and requesting that this matter also be continued or
deferred, as you see fit. That's all I have.
Vice Chair Russell: Mr. Garcia, on the items, Day Avenue and both the playhouse, by
"continued, " does that mean December or November?
Mr. Garcia: Either of those is an option. As you've heard previously, the November
agenda is quite full.
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Vice Chair Russell: Is quite full.
Mr. Garcia: So we would certainly encourage you to consider December at this point
in time.
Vice Chair Russell: Sure. For -- If possible, for the Day Avenue, for the -- for 2 and
3 -- if we could put those on the November agenda in case -- who knows? -- we get a
clear -out of items that get deferred from that date, it at least has a chance. For the
playhouse item, definitely, December, as we're looking at a town hall meeting on
November 30, which would allow us some time on that one.
Mr. Garcia: Very well.
Chair Hardemon: Are there any other items from the board that you want to see
continued or deferred?
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. I want to hear -- I think it's
PZ. 13. I thought we were ready to go forward, but apparently, Mr. Gibbs does not
need -- want to go forward. I know the City Attorney asked for you to step forward,
so I want to see where we're at with that.
Ms. Mendez: Right. For PZ. 13, we had it on the agenda; however, Mr. Gibbs, who's
the appellant, wants to voice his objection.
Tucker Gibbs: Yes.
Chair Hardemon: Please.
Mr. Gibbs: My name is Tucker Gibbs; law offices at 3835 Utopia Court. And I'm
here today to request that this item be deferred. I just discovered something this
afternoon; that this notice -- the notice for my appeal is incorrect. The notice, way
back into at least July, and maybe further back -- we are still researching it -- it refers
to the -- All the notices refer to the addresses, and I think it was read out by Mr.
Garcia the incorrect way, as well; that one of the properties is listed as 127
Northwest South River Drive. There's no such address. That's not the address. So we
have a notice issue here, a serious notice issue. But beyond that notice issue, this
matter should not be before this board today. The Code is very clear in Section 2-33,
Paragraph X,, " and it says, "Any scheduled agenda item not considered prior to the
adjournment of the first regular monthly City Commission meeting shall be
perfunctorily regarded as a continued item and scheduled on the immediate month's
first regular City Commission agenda. " And that's standard on this board, and
presiding officers know this; they've cited to this in other cases. And what happened
at the last meeting was -- and this is important to understand. At the last meeting, you
all didn't have a quorum, and this meeting had to be adjourned. Therefore, anybody
who had gotten notice through the chain of notice, starting on July 27, going to the
28th of Octo -- 28th of September to the 12th of October, when they left this meeting
on October 12, they did not know if there was going to be another meeting, when that
other meeting would be. The way I found out was I spoke to the City Attorney and
City Clerk after the meeting was adjourned, and I was told about this section in the
Code. And our position is that anybody who left that meeting did not know that this
meeting -- this item was going to be heard today, and that's a problem. Additionally -
- Well, it may be not a problem to some members of the board, but as a legal matter, it
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is ineffective notice, and it could create a serious problem down the line if somebody
who wasn't here challenges it. But in addition, it's very clear that Section 2-33(K)
says that: "It shall be included, regarded as a continued item, and scheduled on the
immediate month's first regular City Commission agenda"; doesn't say, "You may do
it," and that's the reason why; it's because of the notice issue. That's why they're
trying -- That's why your Code says that, so it's automatically moved to a specific time
that anybody would know; and for that reason, the issue that Iris brought up in her
emails to the City regarding this other section in Miami 21, which is 7115(1), deals
with setting the initial hearing date before -- no later than -- no earlier than 15 days
after the PZ,4B (Planning & Zoning Appeals Board) handles the issue. And that
hearing was already set, and it was set for Jan -- July 27, and the matter was
continued.
Chair Hardemon: So in --I believe you're going to get your continuance.
Mr. Gibbs: Okay.
Chair Hardemon: So if that's what you're requesting --
Mr. Gibbs: That's what I'm --
Chair Hardemon: -- let's just -- let's end it there, because I think the board is going to
agree for it to be continued. Vice Chairman.
Ms. Mendez: If --
Vice Chair Russell. Just a clarification on "continuance" versus "deferral, " though,
because the definition you're reading seems to contradict my understanding of
"continuance"; not the next regular meeting, but the next like meeting. So it could
skip a meeting and be a Planning -- not the next Planning & Zoning agenda.
Mr. Gibbs: Well, what the Code says, if it's heard in -- It says, "Any scheduled
agenda item not considered prior to the adjournment of the first regular monthly City
Commission meeting shall be regarded as a continued item, and scheduled on the
immediate month's first regular meeting." So it goes from first meeting to first
meeting. This item was heard on your first meeting in October -- October 12 -- and
that's why it would go to the first meeting in the next month. Even if it was heard on
the second, I think you get one meeting in November anyway, so it's going to be heard
in the same time as --
Ms. Mendez: November 16. Based on what Tucker is bringing up, it would be
November 16.
Mr. Gibbs: Right.
Iris Escarra: If I may put information into the record regarding the dates and the
times, and the scheduling?
Chair Hardemon: Are you going to contradict him?
Ms. Escarra: Yes.
Chair Hardemon: Be my guest. Be my guest, be my guest, put our Attorney to the
test.
Mr. Gibbs: Excuse me. Mr. Chairman, can I ask why those are needed for a
continuance?
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Chair Hardemon: Excuse me?
Mr. Gibbs: Why those -- why that evidentiary material is needed for a continuance,
based on an argument that I've made that's purely a legal argument? I would object
to that.
Chair Hardemon: That's -- I'll tell you that typically, continuances are not something
that we allow input on; however, for P&Z (Planning & Zoning) items, we certainly
do; especially when you have --
Mr. Gibbs: An appeal.
Chair Hardemon: -- an appeal, right. So we understand and we want to keep the
record clean.
Mr. Gibbs: And that's why I want to object for the record that this kind of material is
immaterial.
Chair Hardemon: It appears to be maybe just demonstrative, so we can see it better.
I'm not as young as I used to be; and so, I need to be able to see --
Mr. Gibbs: Neither am I.
Chair Hardemon: -- the dates that she's saying. You're recognized.
Ms. Escarra: If I may, PZ.13 -- Iris Escarra, with offices at 333 Southeast 2nd
Avenue. PZ.13 -- This board is sitting in its appellate capacity, so you are
considering this item as an appeal of an item as opposed to a rezoning of the fourth
[sic]. The notice that was provided -- We have been --just to give you the list. The
appeal -- the warrant was approved on April 7. This item came -- went to PZAB in
May; came before the City Commission July 27, and Mr. Gibbs asked for a deferral of
that item at that time, because his client had a conflict with appearing before here.
The item then -- was then rescheduled to October 12. The meeting was adjourned.
We have a sponsor for the item today. The Mayor sponsored the item being added to
this agenda, which trumped it going to the next available meeting. There was a
change in the notice that removed vending carts on the notice. So it was a different
notice, and it also was a -- had a sponsorship item that would appear before the
hearing.
Chair Hardemon: So explain --
Ms. Escarra: Still had the item on the agenda.
Chair Hardemon: -- to me that process. Explain to me how the item was deferred,
due to lack of quorum, which we have an ordinance that says what happens to that
item. Then how can the Mayor come in and sponsor it and move it to a time when --
that it was not scheduled for? If it's automatically set to one date, how does the
Mayor come in and move it to another date?
Ms. Escarra: Well, what -- one of the things is that there was some confusion. This
was always a PZ item. It is a PZ item still on the agenda. It was a PZ item on the
previous agenda. It was deferred previously from a PZ agenda to the October 12
agenda, although -- you know, one time, so it got on a regular agenda. At that point
in time when the meeting was adjourned, it moved forward, I had presented and
discussed that it should have gone to the next PZ agenda, which would be today;
however, the language in the Code was not clear enough. So therefore, I spoke to the
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City, and I was advised that if the -- if there is a sponsor of the item, then it could be
scheduled at any meeting, because there's a sponsor. There's a different provision in
the Code that allows for the Commission or one of the Commissioners to be able to
place an item on the agenda. Mr. Tucker Gibbs --
Chair Hardemon: Yeah, but the item was not in limbo. The item was not "not" on an
agenda. The item was actually -- how can I put it?
Ms. Escarra: It was a PZ item.
Chair Hardemon: Correct. And what I'm saying is that it travels from one agenda to
the next, correct?
Ms. Escarra: Correct.
Chair Hardemon: And so, it seems to be that the part that you're referring to is when
there is an item that does not have a place on any agenda and a Commissioner wants
to place an item on the agenda, and that appears to be what you're citing to, as
compared an item that was -- that, say, should have been scheduled for next month,
that now the Mayor is saying that he's going to move to this month.
Ms. Escarra: Well --
Chair Hardemon: Because I want -- I'll say the inaction of the City Commission leads
to a direct action, and that action is moving it to the next regular agenda. And so, I'm
just trying to understand. How is it that the Mayor -- What power is it that the Mayor
has to interfere with that process and move it to an agen -- a time that he wishes to?
Ms. Escarra: It wasn't necessarily interference. It was that because the item had
slightly changed in its title block, because we -- There was no vending cart. There
was another error in the notice. So it triggered it being almost -- like not necessarily
a new item, but a modified item. And by that being a modified item, it required a
sponsor to be able to bring it to this agenda. Secondly, Mr. Gibbs says -- advised that
he was provided notice, ample notice, to be able to come here, and I've distributed a
letter with backup information with regards to case law that, by him being present
here, along with his client, they have ample notice as to the item. And since this is an
appellate item, he is the appellant and I am the appellee.
Chair Hardemon: Right.
Ms. Escarra: With regards to the address, the address -- the 127, which is really 129,
is the center address. So the notices, which went around to everybody on the exterior
abutting are the same exact notices, irrespective of the 127 or the 129. So the parties
have always received the notice. He is here today, present with his client on this item,
which cures any potential notice items that may be raised by him. We have been at
this for six months with regards to trying to get onto an agenda; six months and 21
days. It's truly a financial hardship for my client to be continuously going through
this process, being requested -- The first one, when he asked for a deferral, we said,
"okay." As a courtesy, that's fine, because they're entitled to one deferral. But at this
point, it's been a continuous deferral, deferral, deferral, and he has appellate rights
with regard to being able to have this matter heard.
Chair Hardemon: What's --
Ms. Escarra: And if they're going to appeal to court, might as well present the item
and allow us to proceed forward.
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Chair Hardemon: How is the property being used today?
Ms. Escarra: It's vacant. It hasn't been -- It's been vacant for a bunch of years.
We're trying to come in and do an adaptive reuse of these three buildings, the way it
is today.
Chair Hardemon: How long has he owned the property and it's been vacant?
Ms. Escarra: Since June 2016 We got our approval in April 2017. We filed the
warrant, and we've been continuously appealed and requested deferral, requested
deferral of the item.
Mr. Gibbs: Mr. Chairman, may I respond?
Chair Hardemon: Briefly.
Mr. Gibbs: She brings up several issues. Number one, I didn't ask for a deferral at
the last -- at the meeting in June, and it's on the record, and you all can read the
record. I spoke with Olga Zamora. It was originally scheduled in her office for
September 28. There was a notice defect, because they noticed it for that meeting in
July, so I asked, on their behalf, for the deferral. In addition, this issue could be
totally voided -- any decision could be totally voided, based on notice, and that's a
serious issue. And why not step back and ask the attorneys to find out exactly what
happened, and make a recommendation to you to protect the City's interest? Just a
suggestion. Also, the notice issue, Iris may be absolutely correct that nobody cares
about this, because of the address. But you know what? She could be absolutely
wrong. There is no guarantee that what she is telling you is going to happen, because
she's not Nostradamus. She can't tell the future. I can't tell the future, but what I can
tell you is you have a provision in your Code that tells you exactly what to do in a
situation that you had on October 12 is to roll those items over to the first meeting of
the next month. And it says "shall"; it doesn't say "may." It is a requirement. You
can ask your City Attorney, because your City Attorney had said that when we were
meeting with Mr. Hannon after the last meeting, when she looked at that section. She
said, "That's the applicable section." You can look at Mr. Barnaby Min's letter in
response to Ms. Escarra's assertions, her legal assertions. What I'm telling you is, is
that you have a due process issue. Whether you think it's real or not, a judge
probably will think it's real, because it deals with notice, and that's the most critical
issue when you're dealing with something -- and this is a public hearing. She may
say, "This is an appeal, " but you all advertised this as a public hearing. It was
advertised in the Miami Herald; also with the wrong address. And that means that
the public -- You're talking about notice to the public, because you, through your
advertising, have invited the public here, and you've invited them here -- I won't say,
"under false pretenses, " but you have a -- an incorrect address, and that may be
enough to throw this whole thing out. And better to wait a couple of weeks, or maybe
even a month, to get this straight, have your attorneys report back to you, and do the
right thing.
Chair Hardemon: Thank you, sir. Madam --
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yeah.
Commissioner Carollo: No, I'll yield to you.
Chair Hardemon: Madam City Attorney, what do you recommend in this particular
situation?
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Ms. Mendez: Based on the fact that Mr. Gibbs is a prominent appellate attorney, who
will definitely appeal on this issue, I really do not think you should spend three hours
on this issue. He has a very valid point --
Commissioner Gort: It's going to go to court anyway.
Ms. Mendez: -- with regard to --
Chair Hardemon: All right. So --
Ms. Escarra: If I may?
Vice Chair Russell: The notice?
Ms. Escarra: The notice that gets mailed out to all the neighbors is the following.
Chair Hardemon: Are you going to -- well, we're sure it's part of the record already,
since we already have notice.
Ms. Escarra: It properly depicts all the properties that are included in the matter, in
the site, all the different folios. You could see clearly that all the addresses are there.
Vice Chair Russell: They're correct?
Ms. Escarra: One of the addresses, 127, should be 129, but it is the center lot. So all
the notices -- When they draw a circle around for the radius for the notice -- If it
would have been one of the corner lots, I, myself, would have pulled the item --
Chair Hardemon: I understand.
Ms. Escarra: -- because I don't want a notice issue. But be --
Chair Hardemon: But I'll tell you, just from looking at it, I mean, this is a -- it's a
picture, it has color, and it has a red box around three different parcels of property.
One says, "131 "; one says, "127"; one says "125." And if one of them is incorrect --
and I already have a problem understanding exactly what I'm looking at -- what part
of the City this is, where it's located, and then there's misinformation on it. I mean,
I'm inclined to allow a continuance so that we can perfect the error.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: Thank you, Mr. Chairman. So let me begin by -- With an
abundance of caution, I'm going to make the same Jennings disclosure that I made the
last time that we actually heard this; that I actually went to the site to look at the
different buildings and so forth, so I want to make that Jennings disclosure. I don't
have the exact language that I should read into the record, but I --
Ms. Mendez: That's fine.
Commissioner Carollo: -- think it's clear. Mr. Gibbs, I have a question. Will you be
ready and are there any issues -- notice issues for the November 16 meeting?
Because -- and I'll tell you why. Because, you know, that chart was also compelling.
I mean, this has been -- They have been at this for quite a while, and I would like to
like really give everyone an opportunity and actually hear this. I've taken the time to
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go out there so I could see the properties, and the truth of the matter is I would like to
like be present, because it's an area and a district that's very important; not that any
one area is more important than the other, but I would like to see what are the
arguments and counterargumems so we can make a decision, and I would like to be
part of that decision. Do you have any issues with the November 16 meeting?
Mr. Gibbs: I don't know. I have to be honest with you. I don't know, because I don't
-- I'll tell you why. Let me explain to you why. Issue is, if those addresses were
incorrect when this was advertised for the Planning & Zoning and Appeals Board,
you have a very serious issue, because that Planning & Zoning Appeals Board notice
may not have been correct; I don't know that right now.
Commissioner Carollo: So what you're saying is regardless, regardless, it may be.
So we might as well hear it today, because regardless -- You're talking about not this
board; you're talking about PZAB Board.
Mr. Gibbs: If you do that, what's going to happen is you're going to have -- you will
have an appeal of it, because -- and if a decision comes out against my clients and if it
comes out against Iris' clients --
Commissioner Gort: It's going to be appealed anyway.
Mr. Gibbs: -- it's the same thing.
Commissioner Gort: It's going to be appealed anyway, whatever happens.
Mr. Gibbs: No, but the point that --
Ms. Mendez: Its a little different -- I'm sorry, Tucker, I -- you -- but it's a little
different when -- if there was a -- the PZAB Board versus the City Commission. At the
end of the day, it's a de novo hearing, so whatever notice issue at that point could be
cured. It's a little different now with request [sic] to what -- He's claiming, a notice
issue here, which will definitely be cured if it's on November 16. So it's --
Commissioner Carollo: So your opinion is that it would definitely be cured if it's
November 16? Because if it's going to be appealed anyways, we might as well hear it
today.
Chair Hardemon: Well, I don't know, because I --
Ms. Escarra: And if I may --
Chair Hardemon: -- if --
Ms. Escarra: -- I can interject, the address is wrong on his appeal notice. Our
application --
Mr. Gibbs: Yeah. Otherwise, I wouldn't have said that.
Ms. Escarra: -- I just want to make -- I want to be --
Chair Hardemon: And I'm sure --
Ms. Escarra: -- clear for the record.
Chair Hardemon: And it's probably wrong all the way around, because you have to
depend on what's in front ofyou --
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Ms. Escarra: No, no. My application included the correct address.
Chair Hardemon: Its like the defendant's name being misspelled. And do you go
and spell it correctly, or do you just deal with the misspelling that he already has?
Ms. Escarra: Not because of anything -- and I trust Mr. Gibbs. I have the utmost
respect for him. I actually admire him very much. But this could be an easy tactic
that any appellate attorney could ever use on any item to get the item continuously
deferred and going in circles.
Chair Hardemon: If you lost the appeal and there was a notice issue, could you fight
that decision --
Ms. Escarra: I could fight this notice --
Chair Hardemon: -- based off of the notice? No. Well --
Ms. Escarra: -- decision, and I -- and the reason why I tell you that, it is because it's
the center lot. Therefore, he received accurate notice. People received accurate
notice, because the notice went out based on the boundary of it; that is why I feel
confident in the way that the address was done -- the notices were done on our
application.
Chair Hardemon: I mean I --
Ms. Mendez: Even if this is reset today by this Commission --
Chair Hardemon: I will tell you --
Ms. Mendez: -- we would re -advertise this --
Chair Hardemon: Right.
Ms. Mendez: -- so that there is no issue -- I need to make sure I take away as many
Tucker arguments as possible.
Chair Hardemon: So --
Mr. Gibbs: (UNINTELLIGIBLE) my life.
Chair Hardemon: -- I'm saying that I'm with you, Commissioner Carollo. I agree. I
think this is continued, you shouldn't look for any other notice continuance, because
you won't receive those.
Mr. Gibbs: I understand.
Chair Hardemon: You probably won't get any preferential treatment notices -- I
mean continuances. What I mean by that, it's just --
Mr. Gibbs: Understood.
Chair Hardemon: -- a matter of kindness, you know.
Mr. Gibbs: I understand.
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Chair Hardemon: There has to be some true emergency, some reason that it needs to
be moved to another day.
Mr. Gibbs: Mr. Chairman, Mr. Chairman, may I say one thing? Because I want to ex
-- Now that the chart is gone, the chart said, "Tucker Gibbs requested deferment" -- a
deferral. " I did not do that --
Chair Hardemon: Listen.
Mr. Gibbs: -- and I can make it really clear, because it's being made that I've
stretched this thing out. Well, I haven't stretched this thing out.
Ms. Escarra: If I may? Olga Zamora, from his office --
Ms. Gibbs: She's right here.
Ms. Escarra: -- on Tab "E," has an email advising me that Tucker Gibbs requested
that first extension, which delayed us three months.
Mr. Gibbs: No. It was --
Ms. Escarra: If you would ask Ms. Zamora, she can come up and testify.
Mr. Gibbs: I --
Chair Hardemon: One second. Commissioner Gort.
Commissioner Gort: You know, two lawyers can spend the whole night --
Chair Hardemon: Yes.
Commissioner Gort: -- arguing for one sentence.
Vice Chair Russell: Lawyer for lawyer.
Chair Hardemon: We all agree.
Commissioner Gort: My question is how long has this been vacant?
Ms. Escarra: Six months and 21 days, we have been in the appellate process.
Commissioner Gort: No, no. I'm talking about the land.
Ms. Escarra: The appeal -- the land?
Commissioner Gort: The land itself, how long has it been vacant?
Ms. Escarra: Oh, the land was vacant for years before us. It's been vacant since
June 2016, when he purchased it. And --
Commissioner Gort: So it was vacant even before.
Ms. Escarra: Yes. -- and even some of the certificate of uses [sic] were last -- 2010,
2011, 2005. So this is a vacant, underutilized site.
Chair Hardemon: So you don't have any expectation --
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Commissioner Gort: Thank you.
Chair Hardemon: -- of any revenue from it --
Ms. Escarra: We --
Chair Hardemon: --when you purchased it?
Ms. Escarra: -- he's had a detriment --
Chair Hardemon: Immediately; I'm just saying immediately.
Ms. Escarra: -- He's had economic hardship. You know how long he's -- we've been
waiting for the -- our opportunity to be heard on this appeal?
Chair Hardemon: I hear what you're saying. I hear what you're saying.
Ms. Escarra: I mean, he's been carrying the rent, paying for improvements. I mean,
to a certain extent, this appellate process is very unfair on the applicant that's trying
to redo something in the site, because if he puts a wrong address on something and
then claims that because there's a wrong address, we have to be deferred --
Chair Hardemon: It's an appellate --
Ms. Escarra: -- that's not really fair.
Chair Hardemon: -- process, though. I mean, the law allows them to appeal.
Ms. Escarra: Agreed. But the law does not allow them to continuously defer, time
after time.
Chair Hardemon: And I wouldn't say it's been abusive at this point. So if -- but I
agree that if we continue this to the November 16 meeting, don't expect any
continuances at that meeting for anything that is frivolous.
Mr. Gibbs: Well, obviously not. I'm not going to bring anything to you that's
frivolous.
Chair Hardemon: That is true. I just --
Mr. Gibbs: But what I will do is I will re --
Chair Hardemon: -- this has gone too far for that.
Mr. Gibbs: -- but I will reserve my right to object --
Chair Hardemon: And I understand you.
Mr. Gibbs: -- and to object based on notice, if I determine in my research that the
notice is defective, and I want everyone to understand that. I mean, I will tell you
something. I really appreciate Iris' deep concern as an appellee, because I'm an
appel -- I'm an appellee, usually --
Commissioner Gort: All the time.
Mr. Gibbs: -- and I will tell you something. I'm the one who gets nailed every single
time. I can't even ask for an extension. I don't do any of that stuff. So I'm kind of in a
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new position here, but I got to tell you something. This was the process, because the
City -- Ms. Zamora actually asked me when I filed, "Can you do it on the 27th?" I
said, "No, I can't." And she said, "Fine. We'll set it for September 28." For whatever
reason, it got set for July 20 -- whatever -- the 27th or 28th. That was it. I didn't ask
for the deferral. She called me and said, "We made a mistake. We set you for July. "
I said, "I'll be happy to get up at the meeting" -- and it's on the record at that meeting
-- "I'll be happy to go to that meeting and I'll be happy to tell the Commission what
happened," which I did. And you said -- oddly enough, you said, "Second meeting,
second meeting, " and that's in the record, also. You know that Code. You know that
Code provision. You know that Code provision applies, because you utilized it. So
that's the thing. And so, in all of this, we've done the best job we can do to be open
with the City. I didn't know about Iris' emails or anything else to the City of Miami
resetting this Commission meeting -- this item to this Commission meeting. I didn't
know that Iris had talked to the City. You know when I found out? Last Tuesday, I
got an email for Olga Zamora, saying, "This item is being set for the 26th. " And I
immediately wrote an email objecting to it, because at that time, my client wasn't
available for this date. So that's --
Ms. Escarra: Who is here today.
Mr. Gibbs: Yes, because you know what?
Chair Hardemon: He made himself available.
Mr. Gibbs: I got him to get here.
Chair Hardemon: Right.
Mr. Gibbs: I got to tell you something. For all her being put out about all of this, I'm
pretty steamed about how I was treated as an appellant. This is my appeal, and I'm
the last person to hear when it's going to be heard? That's ridiculous. So I'm just
telling you that this is not a picnic in the park for me, either.
Chair Hardemon: Thank you, sir. All right.
Ms. Escarra: If I can read something from Miami 21 into the record? "Such appeal
shall be specially set for the first available City Commission hearing that is at least 15
days after the Planning, Zoning & Appeals Board. " That would have been your
second meeting in June --
Mr. Gibbs: And Mr. Chairman --
Ms. Escarra: -- per Miami 21 of the Code, of when it is supposed to be specially set
on an agenda, and that is because it's an appeal process. It's not supposed to linger
indefinitely.
Mr. Gibbs: Mr. Chairman, that provision deals with setting the hearing, and it says
at the -- I forget the exact language, but it says at the --
Commissioner Carollo: Mr. Chairman, we're going to be back and forth, back and
forth.
Mr. Gibbs: Okay.
Commissioner Carollo: So --
Mr. Gibbs: I'm not going to say any more.
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Commissioner Carollo: -- here's what I want: I want some type of assurety [sic]
from you, Mr. Gibbs, that we --
Chair Hardemon: Its difficult.
Commissioner Carollo: -- that if we move it to November 16, we could then have, you
know, the quasi-judicial hearing, and we could hear both parties, and then make a
decision.
Mr. Gibbs: I understand that.
Chair Hardemon: It's --I'll tell you --
Commissioner Carollo: You know, if realistically, there's going to be arguments then
and there's going to be appeals back and forth, we might as well hear it today.
Chair Hardemon: No. I'll tell you --
Commissioner Gort: Yeah.
Chair Hardemon: -- the difficulty in that.
Commissioner Carollo: Right?
Chair Hardemon: The difficulty is that you don't -- he doesn't know what arguments
are going to come from the research that he does. He has a responsibility to research
any new issues that come up in his case -- and notice is a new issue -- and from this,
there could be other things that come up that he would then present at that time. It
would be unfair of us not to allow him to make a notice argument at a time that he
believes he should, because he thinks that it may benefit his client, and I think that's
the difficulty in your giving us that promise.
Mr. Gibbs: And you took the words right out of my mouth.
Chair Hardemon: So I get it.
Vice Chair Russell: Okay.
Chair Hardemon: I get it. So -- but you will do your best to -- you'll be -- you'll do
your best to be prepared for November 16.
Mr. Gibbs: Absolutely.
Chair Hardemon: And you can't -- I mean, you know --
Mr. Gibbs: I hear you.
Chair Hardemon: -- you -- Right.
Mr. Gibbs: I understand what you're saying.
Commissioner Carollo: And you have ample notice for you and your client. Madam
City Attorney, we're going to send out notices?
Ms. Mendez: Yes. In order to eliminate any potential notice claims that Mr. Gibbs
will do, we will definitely re -notice this for November 16.
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Commissioner Carollo: Well, there shouldn't be any notice claims now, because
we're going to hear it on November 16. I think everybody is --
Chair Hardemon: Just going to look into the PZAB notice issues to see if that affects
materially this case.
Mr. Gibbs: But this -- if it does, that's going to be another serious issue.
Chair Hardemon: Right.
Mr. Gibbs: It will be brought up --
Commissioner Carollo: Right.
Chair Hardemon: But understand --
Commissioner Carollo: We're still going to listen to --
Chair Hardemon: -- that the PZAB is a body that gives --
Commissioner Gort: Recommendation.
Chair Hardemon: -- recommendations, if you will, to this body. And we hear things
de novo here; I'm just saying that. You understand?
Mr. Gibbs: But the fact is it would probably have to -- My position would be if the
notice was deficient for PZAB, this has to go back to PZAB.
Vice Chair Russell: All right.
Chair Hardemon: Commissioner Gort.
Ms. Mendez: We'll agree to disagree for now.
Mr. Gibbs: I understand, I understand.
Ms. Mendez: Okay.
Ms. Escarra: Can I disagree with that wholeheartedly, simply again, because the
notice --7
Chair Hardemon: You did. You just did.
Ms. Escarra: Okay.
Vice Chair Russell: All right.
Ms. Escarra: I just -- I want to be clear on the record that we are vehemently
objecting to this.
Chair Hardemon: Understood.
Vice Chair Russell: Okay.
Chair Hardemon: Commissioner Gort.
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Commissioner Gort: I'm not an attorney, but my understanding is it's committed,
because they both agree that it was a mistake at the Planning & Zoning meeting on
the address, and it's a mistake in this one, but that's not going to come out again for
another additional appeal.
Mr. Gibbs: No, I didn't say that. I said the notice -- this is about notice --
Commissioner Gort: Okay, yeah.
Mr. Gibbs: -- and if the notice was defective for the PZAB, then that's another issue,
then.
Commissioner Carollo: Mr. Chairman? Madam City Attorney, Madam City
Attorney? Okay. So I understand, Ms. Escarra, you're in disagreement.
Ms. Escarra: Yes.
Commissioner Carollo: I understand that. Now when is the next PZ -4B meeting?
Ms. Mendez: The next one -- Ms. Zamora?
Olga Zamora: November 1.
Ms. Mendez: November 1.
Commissioner Carollo: November 1. And after that?
Ms. Mendez: November 15.
Commissioner Carollo: Okay. So the next -- so the following will be November 15,
and we have Commission meeting November 16.
Ms. Mendez: Correct.
Commissioner Carollo: So just in case, if there are issues, let's set it up for PZAB
again, just in case, you know. And I know you're going to object, but the bottom line
is what I want is if there really is that case -- if there really is notice means, then take
it to PZAB. You have time on the 15th; and on the 16th, we have Commission
meeting.
Mr. Gibbs: Mr. Chairman?
Chair Hardemon: I agree. I would agree.
Mr. Gibbs: There's a problem with that, because your Code specifically says you
have 15 days after the PZAB votes on an item to file your appeal. If somebody else
wants to file an appeal who didn't get notice before or whatever, they have that right.
I don't want to see their appellate right to go to this meeting --
Commissioner Gort: (UNINTELLIGIBLE) hold it.
Ms. Escarra: Again, I stress if we can please proceed. They're going to appeal no
matter what.
Commissioner Carollo: Yeah. And I'm seeing that, Mr. Gibbs. You're making a very
compelling argument that, yes, you're going to appeal no matter what. And you really
don't want to hear this --
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Mr. Gibbs: I'm representing my client to the best of my ability. I'm a member of the
Florida Bar
Vice Chair Russell: We're beating a dead horse with another dead horse.
Commissioner Gort: Well, you're doing a great job.
Mr. Gibbs: I'm doing what I'm supposed to do.
Commissioner Gort: You're doing a good job then, holding the whole process, yeah.
Mr. Gibbs: That's what I'm -- no. I'm trying to represent my client's interest.
Ms. Escarra: Exactly my case.
Chair Hardemon: I understand. I understand. So it was a good idea. He did bring
up a little wrinkle in it. Yes, there could be an appeal, because, essentially, you're
asking them to rehear the issue, which would then -- I would say if you did rehear the
issue, you would then have to file another appeal. You're saying appeal wouldn't
carry over into it, because you've heard it again, most likely. I would make that
argument, I'm just saying.
Mr. Gibbs: If you all are going to vote to remand this back to the PZAB --
Commissioner Carollo: That's not what we're voting on.
Mr. Gibbs: -- I -- that's what I'm saying. I'm -- but I'm trying to --
Chair Hardemon: Essentially you are.
Mr. Gibbs: -- explain the position. If you're going to remand it back, then I
understand. But if you're not going to remand it back, it's -- I don't know how legally
you can say that -- I -- believe me, I'll leave that to your City Attorney. I'm not even
going to get near that.
Chair Hardemon: Okay.
Commissioner Carollo: Mr. Gibbs, I'm trying to remedy a problem --
Mr. Gibbs: I hear you.
Commissioner Carollo: -- or a potential issue by one of the -- you know -- one of the
sites. I'm trying to remedy the issue. But if out of good faith we're trying to remedy
an issue, and every time we find a possible solution, we continue to find additional
issues --
Chair Hardemon: Because he's not a businessman; he's an attorney, and it's a
difference.
Mr. Gibbs: I'm trying to represent my client. What else can I say?
Chair Hardemon: Wow.
Commissioner Gort: You're doing a good job.
Chair Hardemon: So right now we have a -- we have --
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Mr. Gibbs: (UNINTELLIGIBLE) of the City's Code, too. That's the most important
thing.
Chair Hardemon: So the motion for continuance is right now on -- Well, there's no
motion, but the request for continuance from Mr. Garcia is for items 2, 3, 7, and then
the argument for 13. Is there any other item?
Mr. Garcia: Those are all the items I have, sir. And more specifically, items PZ.2
and PZ.3 would go to November 16; and items -- rather item PZ.7 would go to
December 14. Item PZ. 13, I believe you've expressed the notion that it might go to
November 16, as well.
Commissioner Carollo: Does yours include PZ. 13? I'm sorry?
Mr. Garcia: What I just said right -- yes; is that PZ. 13, you've discussed -- you
proposed might go to November 16.
Commissioner Carollo: I don't mind moving it without PZ.13, and I want a little
further conversation with my colleagues about PZ.13. So I make the motion to, I
guess, as to what'll be continued, defer --
Vice Chair Russell: Each one's continued
Commissioner Carollo: -- continue or defer the items that Mr. Garcia said, except for
the item PZ.13, and then I would like to have some more conversation with my
colleagues in regard to PZ. 13, because --
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion on
that issue? Seeing none, all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. And again, I'll be honest with
you. If it's just going to be back and forth bickering, and appeals here and there, I'd
rather hear the item today. You know, I'm trying to find remedies every which way;
even issues -- Listen, if there really was a notice issue, we got two P&Z items -- I
mean two P&Z meetings, you know. If there really is an issue, let's send it back to
them and then come to us. But it seems like no matter what good faith remedies we
find, there's going to be an issue. Therefore, I'm saying why not just listen to it today?
Vice Chair Russell: We've got a lot of (UNINTELLIGIBLE).
Chair Hardemon: I would say because -- You know, the difference between these
items and any other that we normally hear is that they have procedural issues that
they must argue sometimes before you actually get to the substance of the case -- or of
the appeal. And so, you know, it's just like that sometimes. If you -- sometimes you
spend time arguing procedural motions and it takes time, and --
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Commissioner Carollo: Right. Mr. Chairman, right, butt understand that --
Chair Hardemon: So I don't think you can like usurp me.
Commissioner Carollo: I understand that; that sometimes it takes time arguing
procedure motions, but let's have some -- let's have a final decision. Let's have some
conclusions, you know? And that's what I'm trying to get at. When do we have the
conclusion?
Ms. Mendez: If I may, Chairman, Commissioner Carollo makes a valid point about
the November 15 [sic] -- if we could just table this for a little bit and we'll do a little
bit of research, and get back to you on a recommendation with that.
Commissioner Gort: I agree with that.
Ms. Mendez: Thank you.
PZA
ORDINANCE Second Reading
1220
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI
Planning and
DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING
Zoning
AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE
JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING
THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF
REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY
DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE DDA;
AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER;
APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND
APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE
INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS
"EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL,
INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE;
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF
THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE
CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT
ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13704
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For additional minutes referencing Item PZ.l, please see
"Order of the Day" and Item SR. 5.
Chair Hardemon: PZ. 1, can you read it into the record.
The Ordinance was read by title into the public record by the City Attorney.
Francisco Garcia (Director, Planning & Zoning): And, again, by way of brief
description, item PZ.1 basically revises the co -efficient for the downtown DRI
(Development Regional Impact) fees; and also add regulatory language to
contemplate the fact that projects -- as they may ensue in a downtown DRI area --
may, in some instances, comply with Zoning Ordinance 11000 and may, in some
instances, comply with Miami 21, the new zoning ordinance. Other than that, it's as
you've seen before. We recommend itfor approval on second reading.
Chair Hardemon: Is there a motion to approve it?
Vice Chair Russell: Moved.
Commissioner Carollo: Second.
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded to approve the item. Any
further discussion on the item?
Todd B. Hannon (City Clerk): My apologies, Chair. Mr. Planning Director, does --
PZI is not amended, or is it amended as well?
Mr. Garcia: Not amended.
Mr. Hannon: Okay, thank you.
Chair Hardemon: Seeing no further discussion on the item, all in favor of the item,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Later...
Francisco Garcia (Director, Planning & Zoning): If I may, one last item, and this is
a formality, but I'm advised that it should be done. When I presented to you item
PZ1, which pertains to the downtown DRI, I made mention on the record that the
PZI item -- we spoke at length about SR. 5, but the PZ.1 item was as presented, with
no amendments. There were some amendments that I described to you on the record,
and those were part of PZ. 1. So, if I could ask you to reopen that motion and make it
"as amended, " as opposed to "as presented. "
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Chair Hardemon: Is there a motion to reconsider PZ. 1.
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved and seconded by the Chair to reconsider
PZ. 1. All in favor of the move -- the motion to reconsider, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes. Let's reconsider PZ. 1. Item PZ. 1, is
there a motion to approve, with the amendments that were stated previously on the
record?
Commissioner Gort: Move it.
Chair Hardemon: Its been properly moved by Commissioner Gort; seconded by the
Chair. All in favor of the motion to approve PZ. 1, with those amendments, indicate so
by saying "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Mr. Garcia: Thank you.
Chair Hardemon: You're welcome. Seeing --
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PZ.1
ORDINANCE Second Reading
1220
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI
Planning and
DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING
Zoning
AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE
ABSENT:
JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING
THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF
REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY
DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE DDA;
AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER;
APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND
APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE
INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS
"EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL,
INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE;
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF
THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE
CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT
ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13704
MOTION TO:
Reconsider
RESULT:
RECONSIDERED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Suarez
ABSENT:
Russell, Carollo
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PZ.1
ORDINANCE Second Reading
1220
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI
Planning and
DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING
Zoning
AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE
ABSENT:
JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING
THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF
REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY
DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE DDA;
AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER;
APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND
APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE
INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS
"EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL,
INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE;
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF
THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE
CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT
ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13704
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Suarez
ABSENT:
Russell, Carollo
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PZ.2
ORDINANCE Second Reading
1035
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
ABSENT:
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 AT APPROXIMATELY 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.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Notes for the Record. Item PZ.2 was continued to the November 16, 2017, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.2, please see "Order of the Day" and "PZ Order
of the Day. "
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PZ.3
ORDINANCE Second Reading
1036
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
"SUB
Zoning
CLASSIFICATION FROM T3-0 -URBAN TRANSECT ZONE -
ABSENT:
OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICT OVERLAY TO T4 -R "GENERAL URBAN
TRANSECT ZONE - RESTRICTED" WITH A NCD -2 COCONUT
GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3860, 3850,
3840, AND 3830 DAY AVENUE, MIAMI, FLORIDA; AND FROM T3-0
"SUB -URBAN TRANSECT ZONE - OPEN" WITH A NCD -2 COCONUT
GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY TO
T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN" WITH A NCD -2
COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT
OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY
3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Notes for the Record. Item PZ.3 was continued to the November 16, 2017, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.3, please see "Order of the Day" and "PZ Order
of the Day. "
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PZA
ORDINANCE First Reading
1288
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE
Department of
MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
Planning and
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
Zoning
SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL
PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10
STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL"
WITH AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD")
OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH AN "UCBD"
OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED
ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Frank Carollo, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Commissioner Gort: PZ 4.
Commissioner Carollo: Meeting's adjourned?
Commissioner Suarez: Are we adjourned?
Commissioner Carollo: Oh, yeah.
Commissioner Suarez: Is there a -- do you need a motion to reconsider the
adjournment?
Commissioner Carollo: No. There was no motion done. The Chairman doesn't need
a motion. The Chairman can --
Commissioner Suarez: That's it.
Commissioner Carollo: -- adjourn the meeting, so meeting adjourned.
Commissioner Suarez: Is there anything that need -- are those items controversial --
Commissioner Gort: Come on.
Commissioner Suarez: -- or can we --?
Commissioner Gort: PZ. 4. Let's go, fast.
Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.4 -- and,
incidentally, ifFin not mistaken, the opportunity for anyone who may be here to speak
on these items has not been provided to them yet. They were selectively provided for
the two PZ (Planning & Zoning) items that have been heard already, so perhaps now
is a good time to do that.
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Commissioner Gort: Does anyone in the public would like to address PZ.4? Anyone
in the public? Seeing none, hearing none, close the public hearing.
Todd B. Hannon (City Clerk): Sorry, Chair. If we could just make that for PZ.4 and
5; I believe they're companion items.
Commissioner Gort: 4 and S, yes.
Mr. Garcia: They are -- Yes, thank you.
Chair Hardemon: Move PZ. 4 and S.
Commissioner Carollo: Second.
Commissioner Gort: It's been moved and second.
Mr. Hannon: I'm sorry. They're first reading ordinances, so we need to have one
motion for one item at a time, and the title needs to be read into the record.
Commissioner Gort: There's a motion by Commissioner Carollo on PZ.4 and, there's
a second by Commissioner Suarez.
Commissioner Suarez: (UNINTELLIGIBLE) second.
Commissioner Gort: Is any further discussion? Being none, all in favor, state it by
saying "aye."
Mr. Hannon: Chair, sorry. Title.
Commissioner Gort: Read the title. You want a copy?
Chair Hardemon: There's a -- did the motion pass, or it's still on the floor?
Commissioner Suarez: (UNINTELLIGIBLE).
Commissioner Gort: They have to read it.
Commissioner Suarez: We adjourned the meeting.
Mr. Hannon: Chair, basically, there has been a motion and a second made on item
PZ.4.
Chair Hardemon: Right
Mr. Hannon: The title's being read into the record next.
The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Chair Hardemon: All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes. That's on PZ 4 and S, right; or that's
just 4?
Unidentified Speaker: Correct.
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Commissioner Carollo: 4, because --
Unidentified Speaker: Correct.
PZ.5
ORDINANCE First Reading
1289
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning
CLASSIFICATION OF THE PROPERTY LOCATED AT
ABSENT:
APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA
FROM 76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS",
CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE
NO. 13397, ADOPTED ON JUNE 27,2013; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Carollo, Hardemon, Suarez
ABSENT:
Russell, Gort,
Note for the Record. For additional minutes referencing Item PZ.5, please see Item
PZ.4.
Chair Hardemon: The Chair would like to entertain a motion to approve PZ.5.
Commissioner Carollo: Move it.
Commissioner Suarez: So moved.
Chair Hardemon: Been properly moved, and seconded by Commissioner Carollo.
Right.
Commissioner Carollo: Moved
Chair Hardemon: Moved by Commissioner Carollo; seconded by Commissioner
Suarez. Any further discussion on this item? Hearing none, all in favor of the item,
say "aye. "
Todd B. Hannon (City Clerk): Chair, the title.
George Wysong (Assistant City Attorney): Read the title.
The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Chair Hardemon: All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
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Chair Hardemon: All against? Motion passes.
PZ.6 ORDINANCE First Reading
1972 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2,
Zoning ENTITLED "DEFINITIONS OF TERMS," ARTICLE 4, TABLE 3,
ENTITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE
13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record. For additional minutes referencing Item PZ.6, please see
"Order of the Day" and "Public Comment Period for Regular Item(s). "
Victoria Mendez (City Attorney): The companion item is PZ 6, Chairman. Would you
like for me to read that one into the record?
Chair Hardemon: You may.
Ms. Mendez: Thank you.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Okay. The first thing I'd like to do is for the PZ (Planning &
Zoning) item -- if there is anyone here that wants to speak on the PZ item, I'll open up
the public hearing for the PZ item, which is PZ. 6 and this item. So if you're a member
of the public and you want to speak on PZ. 6, this is your opportunity to speak. Seeing
none, I'll close the public hearing for PZ.6.
Later...
Commissioner Gort: PZ (Planning & Zoning)?
Chair Hardemon: The PZ item is PZ.6. First -- the first question is, will the same
sort of changes need to be made to PZ 6 as what we captured in FR.1 or --?
Barnaby Min (Deputy City Attorney): It is not necessary. FR.1 is the, quote/unquote,
"more substantive" legislation, and the PZ item is the procedural legislation.
Chair Hardemon: Okay. So is there a motion to approve PZ. 6?
Vice Chair Russell: Move it.
Chair Hardemon: It's been properly moved --
Commissioner Gort: Second.
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Chair Hardemon: -- and seconded by Commissioner Gort to approve PZ. 6. All in
favor of it, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PZ.7
RESOLUTION
2170
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
GRANTING/DENYING THE APPEAL FILED BY BARBARA LANGE
Planning and
AND KATRINA MORRIS, REVERSING/AFFIRMING THE DECISION
Zoning
OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD'S APPROVAL, WITH CONDITIONS, OF THE APPLICATION
FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS
SOUGHT FOR THE PARTIAL DEMOLITION OF AN EXISTING
STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE
NEW CONSTRUCTION OF A PARKING GARAGE WITH
RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED
HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE,
LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI,
FLORIDA.
MOTION TO: Defer
RESULT:
DEFERRED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Notes for the Record. Item PZ.7 was deferred to the December 14, 2017, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ. 7, please see "Order of the Day" and "PZ Order
of the Day. "
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PZ.8
ORDINANCE Second Reading
2845
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning
CLASSIFICATION OF THE PROPERTIES LOCATED AT
ABSENT:
APPROXIMATELY 1502 NORTHEAST MIAMI PLACE, 1512
NORTHEAST MIAMI PLACE, 1523 NORTHEAST MIAMI COURT, AND
47 NORTHEAST 15 STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "T6 -24A -O,"
URBAN CORE TRANSECT ZONE -A -OPEN, TO 76-2413-0," URBAN
CORE TRANSECT ZONE -B -OPEN; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 13706
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Carollo, Suarez
ABSENT:
Russell, Gort
Note for the Record. For additional minutes referencing Item PZ.8, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: So PZ.8.
George Wysong (Assistant City Attorney): PZ. 8.
The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Chair Hardemon: You're recognized, Ms. Escarra. I don't know if our -- if the
District 2 Commissioner --
Iris Escarra: I'm just here for questions on this item. This is a second reading. We
have a proffered covenant, which is part of the record.
Chair Hardemon: Okay, but in -- so we don't have any issues from the district
Commissioner regarding this item?
Ms. Escarra: Correct.
Chair Hardemon: Okay. All in favor of the item, say "aye."
The Commission (Collectivelv): Aye.
Chair Hardemon: All against? Motion passes.
Ms. Escarra: Thank you.
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PZ.9
ORDINANCE Second Reading
2846
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning and
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
Zoning
COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION OF 0.38 ± ACRES OF REAL PROPERTIES
LOCATED AT APPROXIMATELY 460, 480, AND 490 NORTHEAST 61
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13707
MOTION TO: Adopt
RESULT: ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record. For additional minutes referencing Item PZ.9, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: PZ.9.
George Wysong (Assistant City Attorney): An ordinance of the Miami City
Commission, with attachments --
Chair Hardemon: No. Before we go there, this item -- right? -- this is the -- this item
is going to provide its more, if you will -- You're taking these from medium density
multifamily to public parks and recreation, right?
Francisco Garcia (Director, Planning & Zoning): That is correct.
Chair Hardemon: So that sucks. I know the area very, very well. Those parcels of
land, though, how are they currently being utilized, for the record?
Mr. Garcia: They're essentially functioning as an extension of Eden Park.
Chair Hardemon: So there's another item that removes parkland from District 2 on
this agenda, correct?
Mr. Garcia: That is correct; a small portion within the right-of-way, essentially, an
extended median that is proposed --
Chair Hardemon: But that's a swap.
Mr. Garcia: Yes, sir.
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Chair Hardemon: You're swapping from one park to the -- a parcel that's further
north.
Mr. Garcia: That is correct.
Chair Hardemon: Because I'm trying to figure out with this item, are we taking --
because -- and forgive me, because I don't remember exactly which item it was, but as
I remember, there was another -- there's another area within District 2 where you're
losing, basically, space that's deemed public parks and recreation or CS (Civic
Space) in you're calling it some -- it's going to be something else. And so, what my
worry is, is that you're basically taking park space from -- you're creating new park
space in my area, because you're taking away park space from the other area; is that,
in fact, what's happening?
Mr. Garcia: Not exactly. We do do it this way. We present it to you in this fashion to
ensure that, for concurrency purposes, there is no net loss of park space in the City of
Miami. That is one of our goals, objectives, and policies in the Comprehensive Plan.
But in effect, the -- as you mentioned previously, the land within the Central Business
District that's going to be changed from parks and recreation to urban Central
Business District has already been swapped for another parcel of land a little bit
further to the north, which, itself, will be turned into a park.
Chair Hardemon: Okay. All right, read it -- continue reading it into the record. This
is first reading, right?
Mr. Garcia: It is, sir.
The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Chair Hardemon: Just want to clarify on the record that this is the second reading
for this item, and the land is vacant; it's not -- it doesn't have any -- because I don't
go to that far corner of the park, because everything is usually right there on that
main avenue when you're traveling down that avenue.
Mr. Garcia: That's correct.
Chair Hardemon: Correct? All right. The Chair would like to entertain a motion to
approve.
Commissioner Gort: Move it.
Chair Hardemon: Its been properly moved by Commissioner Gort --
Commissioner Carollo: Second.
Chair Hardemon: -- seconded by Commissioner Carollo. All in favor of the item, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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PZ.10
ORDINANCE Second Reading
2847
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning
CLASSIFICATION OF 0.38 ± ACRES OF PROPERTIES LOCATED AT
ABSENT:
APPROXIMATELY 460, 480, AND 490 NORTHEAST 61 STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," FROM T4 -R, "GENERAL URBAN TRANSECT ZONE -
RESTRICTED," TO CS, "CIVIC SPACE ZONE"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13708
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Suarez
ABSENT:
Russell, Carollo
Note for the Record. For additional minutes referencing Item PZ.10, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: PZ 10, can you read it into the record, please?
George Wysong (Assistant City Attorney): Yes, sir.
The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Chair Hardemon: So what -- The building that's on this site, though, that's in the
middle of the three parcels, is that the -- in fact, is that the library part, or what part
is that, the improved structure?
Francisco Garcia (Director, Planning & Zoning): This is Eden Park. And I think
we're fortunate to have the Parks & Recreation director here, who may be able to
address that question. I'm sorry; he's not here at present. I'm happy to look into that
and get back to you.
Chair Hardemon: Parks & Recreation director here? Because I know the -- On 61st
Street, closer to -- yeah, closer to 61st Street and Northeast 4th Avenue, that side,
there's a structure there, and I'm thinking that's the library where we vote at. But as
you continue down 61st Street towards 51h Avenue, there's an improved structure
there. What's that structure?
Mr. Garcia: I believe you may be referring to what used to be a pump house and it
was subsequently repurposed.
Chair Hardemon: Used to be a what?
Mr. Garcia: A pump house.
Chair Hardemon: Pump house. But what has it been repurposed to?
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Mr. Garcia: I believe there is presently a restaurant use or retail use, possibly. I'm
sorry; I don't recall exactly what use it was put to.
Chair Hardemon: Because that's the -- isn't that -- that's a part of the subject
property, though, right?
Mr. Garcia: No, no, sir. So the property encompassed by this item is on the corner of
61st Street and 5th Avenue.
Chair Hardemon: Come here for a second, please.
Later...
Chair Hardemon: Have we done anything on that PZ. 10? Look, it's more -- I think --
look, there's -- it's being changed to park and recreation civic space; generally a
good thing in the City of Miami, so I -- you know, I'll allow it to move forward. I just
know -- and I'm assuming if there was some major objection to it, thatproperty owner
will be here saying, "Hey, I'm not in favor of this. " So -- or what the use is wouldn't
interfere with what we're trying to do there. So I'm assuming that it's -- none of that
is to the effect.
Mr. Garcia: Absolutely. And I can give you further assurance that because this land
is owned presently by the City of Miami, and we are the applicants as well, there is no
potential objection to (UNINTELLIGIBLE) as a result of that.
Chair Hardemon: All right. The Chair would entertain a motion to approve that.
Commissioner Gort: Move it.
Chair Hardemon: Its been properly moved and seconded by the Chair to approve
item PZ. 10. I believe it was read into the record earlier. If not, can you read it into
the record? Oh, it was. Since it was, all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion approves. I believe now we've concluded our
Mr. Garcia: Sir, if I may?
Chair Hardemon: -- PZ (Planning & Zoning) agenda.
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PZ.11
ORDINANCE Second Reading
2848
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE
Planning and
MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
Zoning
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL
PROPERTY LOCATED AT APPROXIMATELY 104 NORTHWEST 1
AVENUE, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND
RECREATION" WITH AN URBAN CENTRAL BUSINESS DISTRICT
("UCBD") OVERLAY TO "CENTRAL BUSINESS DISTRICT" WITH AN
"UCBD" OVERLAY, THUS REPEALING ORDINANCE NO. 13473,
ADOPTED ON JUNE 24,2014; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13709
MOTION TO: Adopt
RESULT: ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record. For additional minutes referencing Item PZ.11, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: Going to move onto PZ.11 until --Is there a motion on the floor?
No.
Todd B. Hannon (City Clerk): For PZ 10, no, sir.
Chair Hardemon: Okay.
Commissioner Gort: PZ. 10, (UNINTELLIGIBLE).
Chair Hardemon: Let's move on to PZ.11.
The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Commissioner Carollo: Move it.
Commissioner Suarez: Second
Chair Hardemon: Been properly moved and seconded to approve PZ. IL All in favor
of the item, indicate so by saying "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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PZA2
ORDINANCE Second Reading
2849
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
"CIVIC
Zoning
CLASSIFICATION FROM CS, SPACE ZONE," TO T6-80-0,
"URBAN
ABSENT:
CORE ZONE," FOR THE PROPERTY LOCATED AT
APPROXIMATELY 104 NORTHWEST 1 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13710
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record. For additional minutes referencing Item PZ.12, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: We have PZ 12. Now, I know that on like the P7 -4B (Planning,
Zoning & Appeals Board), you had some vote up and some vote down, so I just
wanted a little clarification about that moving forward on PZ. 12.
Francisco Garcia (Director, Planning & Zoning): Certainly. I'm happy to expand on
that. As you correctly point out, the Planning, Zoning & Appeals Board failed to
either support or vote against this item. The motion to approve failed, because it was
a tie vote. There were some concerns expressed at the meeting regarding to the fact
that this land, which is presently designated as a park, was going to be changed to
something other than parks; in this particular case, to the abutting designation, which
is T6-80-0. The purpose for that is that this land, the subject of approximately 3, 000
square feet, are going to be annexed to the Brightline Grand Central Station project
immediately to the west, and there's going to be a realignment of Northwest 1st
Avenue/Miami Court. And as brought up by you previously, and mentioned
previously, the amount of parkland that may be lost here -- nominal though it is -- is
going to be made up for by a parcel further to the north that the developers for the
Brightline project are going to be donating to the City.
Chair Hardemon: Got it. Is there a motion to approve PZ. 12?
George Wysong (Assistant City Attorney): Got to read it.
Commissioner Gort: Move it.
Chair Hardemon: Read it --
Vice Chair Russell: Second.
Chair Hardemon: -- into the record, please.
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The Ordinance was read by title into the public record by Assistant City Attorney
George Wysong.
Chair Hardemon: The motion was made by Commissioner Gort, seconded by the
Chair.
Commissioner Carollo: Second.
Chair Hardemon: All in favor of the motion, indicate so by saying "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PZA 3
RESOLUTION
2508
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
APPROVING/DENYING THE APPEAL OF WARRANT NO. 2017-0004
Planning and
ISSUED PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO.
Zoning
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW A FOOD
SERVICE ESTABLISHMENT LOCATED WITHIN A D3
("WATERFRONT INDUSTRIAL") TRANSECT ZONE AND PURSUANT
TO ARTICLE 6, SECTION 6.3.2 OF THE MIAMI 21 CODE TO ALLOW
AN OUTDOOR DINING AREA AND THE DISPLAY AND SALE OF
ITEMS FROM VENDING CARTS; A WAIVER PURSUANT TO ARTICLE
7, SECTION 7.2.8(8) OF THE MIAMI 21 CODE TO ALLOW THE
ADAPTIVE USE TO A RESTAURANT USE IN A D3 ("WATERFRONT
INDUSTRIAL") TRANSECT ZONE FOR THE PROPERTY LOCATED
AT 125, 127, AND 131 NORTHWEST SOUTH RIVER DRIVE, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT:
CONTINUED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Russell, Gort, Carollo, Suarez
ABSENT:
Hardemon
Note for the Record: Item PZ.13 was continued to the November 16, 2017, Planning
and Zoning Commission Meeting, with a time certain of 3: 00 p. m.
For additional minutes referencing Item PZ.13, please see "PZ Order of the Day. "
Vice Chair Russell: DI. 5, discussion: Safety issues with large public events.
Commissioner Carollo: Mr. Chairman.
Vice Chair Russell: Yes, sir.
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Commissioner Carollo: Before we take up D7.5, can we go back to PZ. 13 to see
where we're at? Remember that PZ. 13, we had an issue, whether we were going to
hear it or not.
Vice Chair Russell: We did.
Commissioner Carollo: Can we see where we're at? Madam City Attorney, is there
some resolute?
Ms. Mendez: Right. So we did a little bit of research with regard to this issue. We
don't think that there is a need to send anything back to PZ,4B. We think that by
resetting this to November 16, with proper notice now, we will cure any defects that
potentially Tucker could claim if this item were to pass. Obviously, we don't know
what will happen with this item, but since he's already showing his hand, I like to
address things. So --
Tucker Gibbs: I have no problem with that.
Ms. Mendez: -- November 16 would be the --
Commissioner Carollo: Mr. Gibbs, are you in agreement with what the City Attorney
is stating?
Mr. Gibb: I'm not going to go there, because I don't want -- The City Attorney has
said that that's her position.
Commissioner Carollo: Right. So I'm asking what's --
Commissioner Gort: (UNINTELLIGIBLE).
Commissioner Carollo: -- your position.
Mr. Gibbs: I don't --
Vice Chair Russell: He'll preserve his right to ask for a deferral then, as well.
Mr. Gibbs: No, I'm not going to say that. I'm going to say that I'm going to reserve
my right to object to that cure if I believe that it's objectionable, but I haven't done the
research on it, so I don't know; being honest with you. But the fact is, I have no
problem with this thing going on, on the 9th -- on the 16th, as long as we have our
opportunity to present our case in full. That's our bottom line.
Vice Chair Russell: Thank you. Has there --Mr. Clerk, has there been a motion on
this at this point with regard to the deferral? There's not.
Ms. Escarra: If I may, for a point of clarification. I distributed a form from the City
of Miami Planning web site that says that 127 and 129 are one in the same address,
as evidenced by City records, so any information regarding the address is now
clarified that it is one in the same. Secondly, I just want to read a case into the
record, cited at 764 So. 2d 695, City of Jacksonville versus Huffman. `Although strict
compliance and statutory notice requirements for appeals before a land use and
zoning committee is mandatory, a contesting party's right to assert a defect in such
notice may be waived" -- may be waived -- "if the party appeared at the hearing and
was able to fully and adequately present his or her objections, and the defense of
waiver will be denied only if the party was unable to fully prepare and present
objections at the hearing or was otherwise prejudiced. " Mr. Gibbs has already
prepared his arguments, because he presented them to the PZAB Board. He was
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prepared for the last two hearings when this item was supposedly scheduled, so he is
fully prepared for the item. His client is sitting in the fourth row in the back, so they
are on notice that this item is here. He even has co -counsel that he has brought as
fully prepared to present on this item. As such, in accordance with the law, they have
waived any objection to notice, which we will vehemently defend in a court of law.
Vice Chair Russell: So you'd like to go forward now?
Ms. Escarra: I'd like to go forward.
Vice Chair Russell: You don't feel that this would be at risk for challenge going
forward now, despite what he's already expressed with regard --?
Ms. Escarra: I believe that Mr. Gibbs is a very, very smart attorney, and he's going
to challenge us, no matter what occurs. So this -- he will be able to raise this item as
a challenge, and we will be able to present the law into the record, advising that this
item should proceed forward, and we will -- It is our application.
Vice Chair Russell: All right.
Mr. Gibbs: Mr. Vice Chair.
Vice Chair Russell: Please, one more comment, and at that point, we'll have beaten a
dead horse with another dead horse, and we need to move on.
Mr. Gibbs: I couldn't agree with you more. I'm just saying that this issue deals with
an appeal of a warrant. She's not talking about Section 2-33(k), which specifically
says, in the situation that happened at the last meeting, that this roles over to the 16th.
And I just would like to reserve my right to make whatever argument I deem to make
at the next meeting. That's all.
Vice Chair Russell: Thank you.
Ms. Mendez: And though I agree with the arguments that has been made by Ms.
Escarra, I do believe that the most prudent thing would be to re -notice this and to
hear it on November 16.
Vice Chair Russell: Is there a motion?
Commissioner Carollo: Based on the position of the City Attorney, I make a motion
to defer it to the November meeting. But Mr. Gibbs, really, in the November meeting,
I would like to hear it in good faith. I want to hear from both parties and see if there's
some conclusion to this. Correct?
Mr. Gibbs: Absolutely. I -- believe me --
Commissioner Carollo: Okay.
Mr. Gibbs: -- my client's been coming to these meetings too; they'd like some
conclusion also, but yes.
Commissioner Carollo: Okay. That's the motion.
Vice Chair Russell: There's been a motion. Is there a second?
Ms. Escarra: Could we be the first item as a --?
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Vice Chair Russell: You'd like a time certain on the Planning & Zoning agenda.
Ms. Escarra: On the time certain, because we've had -- we had a ton ofpeople come,
he had a ton ofpeople come as well. So to the extent we can get a time certain, we
would really appreciate that.
Commissioner Carollo: So within my motion, can we include a time certain of 3
P.M.?
Ms. Escarra: 3 p.m.
Vice Chair Russell: The mover and --
Commissioner Gort: Second.
Vice Chair Russell: -- seconder accepts?
Commissioner Gort: 3 p.m.
Commissioner Carollo: Yes, time certain.
Commissioner Suarez: Deferral?
Vice Chair Russell: If there's a -- it's a deferral to November -- I'm sorry?
Commissioner Carollo: 16.
Commissioner Suarez: (UNINTELLIGIBLE).
Vice Chair Russell: Oh, we have a motion -- Commissioner Gort seconded. Thank
you. And it's been amended to --
Commissioner Gort: (UNINTELLIGIBLE) hear it today, because it's going to be in
coordinated with --
Mr. Gibbs: Maybe not. You know --
Commissioner Gort: Come on.
Vice Chair Russell: There's been a motion and a second. Is there any further
discussion? All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
Commissioner Carollo: Including that this Commission agrees that it will be the -- at
3 p.m., it will be heard.
Vice Chair Russell: Time certain, 3 p. in., on November 16.
Commissioner Carollo: That's correct.
Ms. Escarra: Thank you.
Mr. Gibbs: Thank you all very much.
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Commissioner Carollo: Thank you.
Mr. Gibbs: Appreciate it.
Ms. Mendez: The Clerk has noted the time certain.
Commissioner Suarez: Sorry that I won't be here (UNINTELLIGIBLE).
Vice Chair Russell: Thank you very much.
END OF PLANNING AND ZONING ITEMS)
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CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
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34017619:71"sil
COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT
END OF DISTRICT 1 ITEMS
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33,4911619 N 10 W
VICE CHAIR KEN RUSSELL
END OF DISTRICT 2 ITEMS
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0211117619:7[00?
COMMISSIONER, DISTRICT THREE FRANK CAROLLO
END OF DISTRICT 3 ITEMS
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COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ
END OF DISTRICT 4 ITEMS
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CHAIR KEON HARDEMON
END OF DISTRICT 5 ITEMS
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JW111jIILI]:141*169Iwevill1101►1
FL.1
ORDINANCE
2987
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
"FINANCE/CITY
Procurement
FLORIDA, ENTITLED OF MIAMI PROCUREMENT
ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION
18-72, ENTITLED "APPLICATION AND EXCLUSIONS" TO
EXCLUDE ANTI -POVERTY INITIATIVE FUNDS, UP TO $50,000.00
IN A FISCAL YEAR, TO NOT-FOR-PROFIT ENTITIES; PROVIDING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
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NA - NON -AGENDA ITEM(S)
NA.1
RESOLUTION
3184
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners and
SUPPORTING THE EFFORTS OF THE SOUTH FLORIDA
Mayor
COLLEGE FOOTBALL CHAMPIONSHIP TASK FORCE TO HOLD
AYES:
THE COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP
AT THE HARD ROCK STADIUM, LOCATED IN MIAMI-DADE
COUNTY, FLORIDA, IN JANUARY 2021, 2023, OR 2024;
FURTHER SUPPORTING THE CITY OF MIAMI'S ("CITY")
HOSTING AND PARTICIPATING IN RELATED EVENTS;
DIRECTING THE CITY MANAGER TO EXPLORE THE
POSSIBILITIES OF ANY POTENTIAL WAIVER OF CITY FEES FOR
SERVICES RELATED TO THE FIRE -RESCUE DEPARTMENT, THE
MIAMI POLICE DEPARTMENT, AND ANY OTHER APPLICABLE
FEES FOR THE USE OF BAYFRONT PARK, MARLINS PARK, OR
ANY OTHER VENUES.
ENACTMENT NUMBER: R-17-0501
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: All right.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You want to move some -- a bunch of things together?
Vice Chair Russell: Could I add my pocket into this, right here at the beginning of the
resolutions? It's a pocket resolution regarding the NCAA (National Collegiate
Athletic Association) --
Commissioner Suarez: Second
Vice Chair Russell: -- National Championship. Well, I was asking the Chairman if I
could -- trying to be courteous.
Commissioner Suarez: I read it already.
Chair Hardemon: Yes, so let's --
Vice Chair Russell: Has everyone seen a copy of the resolution?
Chair Hardemon: Right here.
Commissioner Carollo: Yes. Now, this is another event --
Vice Chair Russell: It is an event.
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Commissioner Carollo: -- that's coming to Bayfront Park.
Vice Chair Russell: It is. Its going to be noisy.
Commissioner Carollo: Okay? So -- and by the --
Vice Chair Russell: And it's going to cost us money.
Commissioner Carollo: Not necessarily so. Historically, it has not; at least at
Bayfront Park. Now, with that said, DNA (Downtown Neighborhood Alliance) -- or
representatives of the DNA were present at Bayfront Park when I mentioned that we
provided a letter of support from Bayfront Park, and they were there present, also, to
listen to this.
Vice Chair Russell: And the DDA (Downtown Development Association) has also
offered a letter of support for NCAA Championship coming to Miami, and the bid of
the Orange Bowl Committee.
Commissioner Carollo: However, it's still another event.
Vice Chair Russell: It is.
Chair Hardemon: Because -- Mr. City Attorney, because there is not notice of this, I
just ask that you read the title of this in the record.
Commissioner Suarez: Title.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: All right, thank you very much. Sir, that's a beautiful jacket; I
bought one just like it from the Salvation Army.
Eric Poms: Thank you.
Commissioner Suarez: Oh, that's rough.
Chair Hardemon: It was on sale.
Commissioner Suarez: That's rough, dude.
Chair Hardemon: No, I was justjoking. We know thatyou can't buy those jackets.
Commissioner Suarez: No, no.
Chair Hardemon: You have to earn them.
Mr. Poms: Absolutely. My name is Eric Poms. I'm the CEO (Chief Executive
Officer) of the Orange Bowl Committee. I'm here to answer any questions you may
have with regard to the bid for the 2021 College Football Playoff National
Championship Game. So if there's anything that you have questions about, I can
answer.
Vice Chair Russell: Will the Hurricanes be able to --?
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Commissioner Suarez: It looks like a Hall of Fame jacket. It looks just similar to a
Hall of Famejacket.
Chair Hardemon: It probably is a Hall of Fame jacket, when you consider who wears
them. So I'll take the introduction of this resolution as a motion by the --
Vice Chair Russell: Yes, please.
Chair Hardemon: --Vice Chairman --
Commissioner Suarez: Yeah, I second. I second it.
Chair Hardemon: -- and second by --
Vice Chair Russell: Commissioner Suarez.
Chair Hardemon: -- Commissioner Suarez.
Commissioner Suarez: Thankyou.
Chair Hardemon: Any further discussion about this item? Hearing none, all in favor,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Vice Chair Russell: Thank you.
Commissioner Suarez: Congrats.
Chair Hardemon: Thank you.
Mr. Poms: Thank you very much.
Commissioner Suarez: Good luck.
Chair Hardemon: What I'd like to --
Commissioner Suarez: Good luck.
Chair Hardemon: -- do is --
Vice Chair Russell: Good luck to the bid.
Commissioner Suarez: Bring them back, bring them back. Bring
(UNINTELLIGIBLE).
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NA.2 RESOLUTION
3219 A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City DIRECTING THE CITY MANAGER TO DEVELOP AND
Clerk ISSUE A REQUEST FOR PROPOSAL FOR A STUDY BASED
ON COMMUNITY BASED VISIONING FOR THE USES AND
MANAGEMENT OF THE OLYMPIA THEATER AND THE
REMEDIAL WORK TO ITS FAQADE.
ENACTMENT NUMBER: R-17-0511
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Note for the Record. For additional minutes referencing Item NA.2, please see
Item DL 3.
Barnaby Min (Deputy City Attorney): Mr. Chairman, if you would like its to draft this
as a resolution (UNINTELLIGIBLE), need to have a motion and a second.
Vice Chair Russell: I could do it that way, or it's simply a direction. Yeah, why don't
we do it as a resolution, please, pocket resolution, directing the management to do
exactly what I just mentioned; is that all right?
Chair Hardemon: That's the motion. Is there a second?
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded Any further discussion?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
NA.3 DISCUSSION ITEM
3220 HURRICANE IRMA DEBRIS REMOVAL PROGRESS UPDATE.
Office of the City
Clerk
RESULT: DISCUSSED
Nzeribe Ihekwaba (Assistant City Manager/Chief of Operations): Mr. Chair.
Vice Chair Russell: Yes, sir.
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ADJOURNMENT
Mr. Ihekwaba: Mr. Chair, just an update on the City's -- the City of Miami's
Hurricane Irma debris collection effort. As of date, we've collected over 626,000
cubic yards of debris that are being staged and managed at five different locations.
As of yesterday, we've been operating at day 41. The City Manager have made a
pledge that this effort will be completed within 45 to 60 days, and we're ahead of --
you know, way below -- ahead of that (UNINTELLIGIBLE). We hope to anticipate to
complete the exercise by the end of the month.
Vice Chair Russell: Thank you very much, Mr. Ihekwaba.
The meeting adjourned at 6: 59 p.m.
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