HomeMy WebLinkAboutCC 2018-09-27 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, September 27, 2018
9:00 AM
Planning and Zoning
City Hall
City Commission
Francis Suarez, Mayor
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Emilio T. Gonzalez, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission Meeting Minutes September 27, 2018
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Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo
and Commissioner Reyes.
On the 27th day of September 2018, 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 9:05
a.m., recessed at 12:20 p.m., reconvened at 2:20 p.m., recessed at 4:28 p.m., reconvened at
4:40 p. m., and adjourned at 7.46 p. m.
Note for the Record. Commissioner Reyes entered the Commission chambers at 9:07 a.m.,
Vice Chair Russell entered the Commission chambers at 9:19 a.m., and Commissioner
Carollo entered the Commission chambers at 11:47 am.
ALSO PRESENT.
Emilio T. Gonzalez, Ph.D., City Manager
Victoria Mendez, City Attorney
Todd R Hannon, City Clerk
Chair Hardemon: Welcome to the September 27, 2018 meeting of the City of Miami City
Commission in these historic chambers. The members of the City Commission are Wifredo
Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the
Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, our
City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer
led by Commissioner Gort; and the pledge of allegiance, led by myself. All rise, please.
Invocation and pledge of allegiance delivered.
PART A - NON -PLANNING AND ZONING ITEM(S)
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PRA PROTOCOL ITEM
4855
Honoree
Presenter
Protocol Item
The Miami Times, 2018 Russwurm Trophy
Mayor Suarez
Proclamation
Recipient
Ukrainian Holodomor Genocide
Mayor Suarez & Comm. Reyes
Proclamation
Observance
RESULT: PRESENTED
1) Mayor Suarez and Commissioner Reyes presented a Proclamation honoring and
observing the 85' Anniversary of the Ukrainian Genocide of 1932-1933. Saturday,
November 24, 2018 marks the eighty-fifth anniversary of the Ukrainian Holodomor,
a Genocide in which ten million innocent men, women and children lost their lives
after self -proclaiming themselves against the Soviet economic, political and social
oppression. Ukrainians died at the rate of 28, 000 per day with nearly a third of the
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City Commission Meeting Minutes September 27, 2018
victims being children below the age of ten; and numerous Ukrainian farm owners
were forced to labor in an effort to continue the export of grain, while being
deprived from its consumption. Under the global theme `Ukraine Remembers, the
World Acknowledges,' the City of Miami would like to bring awareness to the
Ukrainian Genocide, Holodomor, of 1932-1933, as a tragic and heinous crime
against humanity, and respect those who lives were lost. Elected Officials paused in
their deliberations of governance, therefore, proclaiming Saturday, November 24,
2018 as "Ukrainian Holodomor Genocide Observance Day" in the City ofMiami.
2) Mayor Suarez presented a Proclamation paying tribute and celebrating the Miami
Times. The Miami Times was founded in 1923 by the Reeves family with the
overarching goal of educating, informing, entertaining and updating residents in our
community. The Miami Times continues to operate by the Reeves family and is the
oldest, and largest Black newspaper in South Florida. On Thursday, June 28' 2018,
The Miami Times was awarded the John B. Russwurm trophy, the most prestigious
honor for Black newspapers in our nation, by the National Newspaper Publishers
Association in Norfolk, Virginia. The National Newspaper Publishers Association
received over 1, 000 entries from newspapers that are committed to excellence in
their respective fields for the Russwurm trophy, making 2018 the most competitive
year experienced by the organization; and when judging The Miami Times, the
judges placed the newspaper first for Best Special Section, and Best Layout and
Design, second for Best News Pictures, Best Circulation Promotion, Best Original
Advertising, Best Youth Section, and Best Church Section, and third for Best Use of
Photographs, General Excellence, and Women's/Lifestyle Section, and Best
Entertainment Section. Elected Officials paused in their deliberations of governance,
therefore, proclaiming, Thursday, September 27, 2018 as "The Miami Times Day"
in the City of Miami.
Chair Hardemon: We will now make presentations and proclamations
Presentations and proclamations made.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AMA City Commission - Special Meeting - Jun 8, 2018 10:30 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Commissioner Reyes: Mr. Chair?
Chair Hardemon: Yes, sir.
Commissioner Reyes: Mr. Chair, I have a pocket item that is a resolution that I want
to talk about.
Chair Hardemon: Okay. Give me one second, sir.
Commissioner Reyes: Sure.
Victoria Mendez (City Attorney): Commissioner Reyes, did you want me to pass out
your pocket item now?
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Commissioner Reyes: It also depends what the Chair decides; if we do it now, or if
we do it later on. I mean, it also --
Ms. Mendez: Chairman?
Chair Hardemon: You can pass it out so we all have it, but we'll probably do it.
Commissioner Reyes: Okay. I just wanted to remind you, sir.
Chair Hardemon: All right. What I would like to do now -- well, first -- let's see. Is
there a motion to approve the meeting minutes of June 8 and June 28?
Vice Chair Russell: So move.
Commissioner Reyes: Move it.
Chair Hardemon: It's been properly moved.
Commissioner Reyes: Second.
Chair Hardemon: Seconded by Commissioner Reyes. Any discussion? Hearing
none, all in favor say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: That motion carries.
AM.2 City Commission - Planning and Zoning - Jun 28, 2018 9:00 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item AM.2, please see Item AM.].
PUBLIC COMMENT PERIOD FOR REGULAR ITEMS)
Chair Hardemon: We do have one personal appearance that is on the record. Is
Mr. Ronald Book in our presence? I do not see the impassioned Mr. Ronald Book,
so we'll move on. Good morning, ladies and gentlemen. We'll now move into our
personal --our public comment period of our regular agenda. The public comment
period allows for you to make comments to this body. You can approach one of the
two lecterns, so the one on the left; one on the right. It does not matter which one
you approach. You have two minutes to address this body. Please state your first
name, your last name; you may state your address, and what item it is that you're
speaking about. Once again, this is the public comment period for today's meeting.
State your first name, your last name; you may state your address, and what item it
is that you're here to speak about. As I understand, there's a line of people that want
to speak outside, as well, who are waiting on the public comment period. So if you
are in these chambers and -- because until I get some further notice that there are no
longer any people outside, if you speak, I'm going to ask that you not return back to
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your chair, but that you step outside so someone else can conte in and either -- take
the seat and get ready for public comment, okay? Thank you so very much. You're
recognized, sir.
Brett Bibeau: Good morning. Thank you. Brett Bibeau, Managing Director of the
Miami River Commission, with offices located at 1407 Northwest 7th Street. Good
morning, honorable City Commission. I respectfully recommend approval of
Agenda Item PZ.30, which maintains the Zoning Code's current requirements for the
public Miami River Greenway. The public riverwalk is being implemented
consistent with the City of Miami's adopted Comprehensive Plan, the Miami River
Greenway Action Plan, the Parks Master Plan, the Miami River Corridor Urban
Infill Plan, and the Miami River Corridor Multi -Modal Transportation Plan. Thanks
to a strong positive partnership between the public and private sectors, 6.5 miles or
65 percent of the public Miami River Greenway is complete, with 3.5 miles or 35
percent remaining to be constructed. The Miami River Greenway is significantly
improving the natural environment and economy, with over 8, 000 connecting new
residential units, an additional 7,450 approved residential units; several major
hotels, with an additional three approved hotels, featuring an additional 1,160 new
hotel rooms; 23 operating restaurants, with an additional 23 planned restaurants,
and currently under construction is 550, 000 square feet of retail. The Miami River
Greenway serves as a safe transportation route for alternate forms of transportation,
like bicycles and pedestrians, and directly connects with two Metrorail stations, two
Metromover stations; therefore, it reduces vehicular traffic, gas consumption, and
carbon emissions. In addition, walking and biking on the Miami River Greenway
improves your physical health. Your time and continued strong support for
completing the public riverwalk are appreciated. Thank you.
Chair Hardemon: Thank you very much. Please --no, no, you're recognized, sir.
Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Members of the Commission,
ladies and gentlemen in the audience, Robert Louis Stevenson once said, and I quote,
"Sooner or later, we all sit down to a banquet of consequences. " I truly believe that
if you do not approve PH 3, it is time to pull up a chair, grab a fork, and chow down.
From 2006 until 2017, I had the honor and the privilege to serve as a member of the
Bayfront Park Management Trust. During that time, the City Commission, in its
infinite wisdom, decided to de fund Bayfront Park and task the Trust to earn its own
keep, which we did, with the help of two major partners: the Ultra Music Festival,
and Live Nation. As you will hear from others, Ultra is an economic engine that has
brought hundreds of millions of dollars -- let me repeat that -- hundreds of millions
of dollars to the City of Miami. Ultra has brought worldwide attention to our City,
while creating an event that illustrates the diversity of our wonderful Miami.
Thousands of young people from all over the world travel to Miami to experience
this one -of -a -kind event. Recently, the less than independent -- in my opinion --
Trust stripped Bayfront Park of its reserve funds. Over the years, Ultra has helped
pay for the royal palms along the baywalk, royal -- the restoration of the Japanese
Garden, and helped the Trust meet the challenges of damaging events, such as
Hurricane Irma and soil remediation, to the tune of $1.4 million. For many years,
Ultra has been a great partner helping to preserve and protect Bayfront Park. As a
member of -- as a past member of the Trust, I can say, without reservation, that Ultra
has made changes and improvements every single year in terms of safety, security,
and attention to the needs of its surrounding neighbors. The new contract addresses
many, if not all, of these concerns. In conclusion, please, 'Vil von plait, por, favor "
pass PH.3, and extend Ultra's presence past its 21st birthday. Thank you.
Chair Hardemon: Thank you.
(Applause)
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Chair Hardemon: When the City Attorney stated the procedures to be followed, in
those procedures, she also stated that there is no clapping, heckling, or any sort of
verbal outbursts that are allowed in these chambers. So if you have some form of
speech that you agree with, please don't respond by making any sort of noise. If
you'd like to show your support, you can raise your hands, show spirit fingers, or
anything that you deem proper; except anything that is, of course, vulgar. So please
do not make any sort of interruption. You're recognized, sir. Please don't ask me a
bunch of questions.
Samuel Dubbin: Very briefly, Mr. Chair. There are 30 people from downtown
Miami who wish to speak and vote their right under the Miami -Dade County Citizens
Bill of Rights, which I know you've acknowledged. But the room is full. They're not
letting outsiders -- you know, it's 90 degrees out there.
Chair Hardemon: I will allow people inside to speak.
Mr. Dubbin: Okay, because, you know, not everyone here -- you know, unless
everyone here intends to speak, then they're taking a spot someone who --
Chair Hardemon: I will allow people in to speak.
Mr. Dubbin: Okay. And Mr. Kurland, I notice, has spoken, and he's still occupying
a chair. So at some point --
Chair Hardemon: I will allow people to speak.
Mr. Dubbin: Thankyou.
Chair Hardemon: Public comment. Is there anyone else inside here who want --
who would like to make public comment? You're recognized, ma'am.
Pamela Weller: Pamela Weller, business resident 32 years at Bayside Marketplace,
401 Biscayne Boulevard. I'd like to talk about PH 3, and I'd like to ask you to please
consider having PH 3 and Ultra back. Being 32 years in downtown Miami, we have
seen a lot of changes. I, myself, personally have worked there 15 years. 15 years is
a long time in one place, and I've seen a lot of changes. And one of the things that I
find remarkable about the folks at Ultra is, like Nathan responded to you earlier,
they have made changes every single year. Bayside Marketplace is completely
surrounded by blockage, by people. Our business suffered for several years. But
together, we were able to come up with ideas and programs that would help Bayside
be able to take advantage of all the people that Ultra brought to downtown Miami. I
know for a fact that my business fellow associates on Flagler Street, 3rd Street and
2nd, it's their best weekend; it's their best business weekend. I think that we can
learn to work together. I think we need to do a better job of it. Last night, I had the
privilege of having the Sounds of Bayside at Bayside Marketplace; 16 brand-new
amateur artists that will be performing at the Bayside Marketplace stage. And
honestly, that's what it's all about, whether it's your genre or someone else's. Ultra
Music Festival belongs in downtown Miami. Thankyou.
Chair Hardemon: Thankyou. You're recognized.
Edward Lugo: Good morning, Commissioners. I'm here to speak on PH 3. My
name's Edward Lugo. I'm the President of the Fraternal Order of Police. I'm here
to speak on behalf of the union. We are in full support of Ultra Music Festival. The
FOP (Fraternal Order of Police) maintains a positive relationship with Ultra Music
Festival, especially Director Ray Martinez. When it comes to safety, our members
have reported that Ultra is very flexible and willing to request necessary to ensure
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positive experience from the community [sic]. So on behalf of the FOP, we support
that Ultra conte back. Thankyou.
Chair Hardemon: Thankyou.
Carmen Calzon: Good morning. My name is Carmen Calzon, and I'm here to speak
on PH 3. I am the President of the Kiwanis Club of Biscayne Bay. We are a
community service organization that provides services to children of our community
and the world. Our programs include education, health, leadership. One of the
programs that we have includes you, Commissioners, where we bring in students
from inner city schools to intern with you on your leadership skills. I'm here to talk
about PH. 3, because every year, the Ultra Festival sets aside part of its campus for
community service organizations. We have taken advantage of that, and we have in -
- been able to raise funds and educate the thousands of young people that come from
all over the world regarding our program to eliminate neonatal -- maternal and
neonatal tetanus. Tetanus is a horrific disease which can be prevented with a
vaccine that costs $1.90. Through the generosity of the Ultra Festival, we have been
able to raise monies to -- enough to save thousands of babies, who would otherwise
have died horrible deaths with conflicted muscles, unable to feel the heat of the sun
with that horrible pain, and dying, without ever feeling the touch of their mothers.
This disease is horrific, and it inflicts great pain on these babies. Through the
generosity of the Ultra Festival, we have been able to save thousands and thousands
of babies; and for that, we thank Ultra for their generosity. Thankyou.
Chair Hardemon: You're recognized, sir.
Timor Bricke: Thank you, Mr. Chair and the Commission. My name is Timor
Bricke. I'm a resident of Miami. I'm also an attorney in the City, and a part-time
police officer. So just to reiterate what the FOP mentioned, you know, security
incidents clearly down at Ultra Festival over the last five years. Year over year,
they've made a great effort to -- by increasing the age of entrance, putting water
fountains everywhere, controlling access. Second of all, the business of Ultra is a
family business; it's a Miami family. A lot of the members are here today. What
they've done is incredible in terms of creating jobs for our community. They
highlight local artists. And it's not just about music; there's also art displays, dance
performances in the week around it. The Music Conference Week that they've now
partnered with has done an incredible thing for the City, bringing publicity, revenue.
At the end of the day, Ultra performs all around the world, but it's still signified by
Miami, and you'll see that at airports. You'll see the Ultra logo all around the globe.
And I urge this Commission and the Chair to approve the continuation of Ultra.
Thankyou.
Chair Hardemon: Thankyou, sir. Ma'am, you're recognized.
Rebecca Schiller: Hi. My name is Rebecca Schiller, and I'm a resident of the
Biscayne Building. I am so fortunate to be here today and to represent so many
others in my building that could not be here. Like so many others, I strongly support
Ultra staying in Bayfront Park. The City of Miami has worked so hard over the past
years to provide alternate routes for the residents to assure that they will reach their
destinations in a timely manner, and that has most definitely been achieved. I have
been working in the music festival -- in music festival production over the past four
to five years, and attended many festivals. And with that being said, Ultra is unlike
any other festival of its kind. It is unique and special. This is because its attendees
come from all over the world. Ultra started here. Ultra embraces Miami and its
culture, and it lives here. Ultra's home is here. If you remove Ultra from Bayfront
Park, you will be removing Ultra from its home. You will be removing me from my
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home. Vote "yes" to keep Ultra in Bayfront Park. Vote "yes" to keep Ultra in its
home. Thank you.
Chair Hardemon: Thank you very much. You're recognized, ma'am.
Nora Francis: Good morning. My name is Nora Francis, and I'm an owner and
resident in downtown Miami at 325 South Biscayne, at One Miami, which is next to
the InterContinental Hotel and Bayfront Park. I moved to Miami five years ago,
because of the culture, the arts, and the diversity. There's no other city like it in the
world. I believe that if we take away Ultra, it'll strip our identity, it'll take away our
cultural diversity, and I think that's what makes Miami. Ultra Music Festival is
attended by 165, 000 people in three days. Ultra Music Television is viewed by over
30 million people. That's free advertisement; that's free tourism. And there are
seven different music groups that we have on Facebook and social media. We post
restaurants, hotels, activities for people that are coming in from all over the world. I
believe that we should not get to choose or delete certain events in Bayfront Park in
downtown. I believe that we should keep Ultra Music Festival, and I hope you will
vote "yes" for that. I believe moving by a park and complaining about the noise is
like moving by an airport and complaining about jet noise. We all moved there
because it's a very, very special city; no city like it in the world. Our mantra for
Ultra is PLUR; peace, love, unity, respect. So I hope you will unite with us, show us
the love, and vote "yes. " Thank you for your time.
Chair Hardemon: Thank you very much. Is there anyone else from the public that'd
like to speak on this morning's agenda?
Vice Chair Russell: I'm sure there is.
Chair Hardemon: Sir, you're recognized.
Mr. Dubbin: Again, we have 30 people outside who'd like to speak, as well as --
Chair Hardemon: Give me -- wait. Give me a moment; give me a moment. You're
recognized.
Spencer Pylant: Good morning. I'm Spencer Pylant, 1601 Biscayne Boulevard,
Miami, Florida 33132. Chair Commissioners, and Mayor, I'm here on behalf of the
Greater Miami Chamber of Commerce, and I rise in support of Ultra Music Festival.
Ultra provides transformative, positive impact to Miami through tourism. It's been
estimated that since 2012, it's provided nearly a billion dollars in economic impact
to South Florida. Last year, it provided a much needed $168 million cash infusion to
our downtown. Ultra is a job creator, estimated to create over time -- about 1,500
jobs last year, and about $330 million in economic income since 2012 to 2017.
Ultra has been involved in the community through charitable impact, but they're also
a very positive corporate citizen. They're a member of our Chamber of Commerce,
and we ask you to support them today. Thank you so much.
Chair Hardemon: Thank you very much, sir. Chairman.
Bruce Orosz: Good morning, Mr. Chair Commissioners. My name is Bruce Orosz.
I'm the Chair of the Greater Miami Visitors and Convention Bureau. And it is my
opinion for this -- the Ultra to be rearmed, confirmed to continue its tremendous
operation that they put together in Bayfront Park. As the tourism authority, this is a
tremendous, tremendous benefit to Greater Miami, Dade County, in many respects.
As it has been mentioned before, the diversity, the culture, the music, and the arts
and entertainment; that Miami as a global city and is known for "A " this continues
it, but more importantly, this is one of the most impactful weekends that the City has
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in terms of stayover; play -over in Miami, heads and beds. It is a tremendous
economic engine, as you've heard before. And it is a marketing engine for this
destination globally. Recently being in Asia, I saw and heard about Ultra Miami
repeatedly. This is a tremendous opportunity. We should continue to support it, and
I encourage you to vote "yes. " Thank you very much.
Chair Hardemon: Thank you. Ma'am, you're recognized.
Andrea Leal Chica: Good morning. My name is Andrea Leal Chica, and I am
speaking on PH3. I'm currently living in downtown area, business owner, and 1
think Ultra is a great event for the economy in Miami. They grab a lot of tourists,
and increase revenue for business --for Miami business owner. It just a weekend,
and I think it's worth it for Miami economy. Also, all major international cities have
a famous festival, and Ultra is that for Miami. Thank you.
Chair Hardemon: Seeing no other persons inside the chambers that want to speak
for public comment, I'm going to close the public comment for everyone inside these
chambers. What I'll do now is open up the public comment for people who are
outside. So, sergeant -at -arms, if there is anyone that's outside that wants to speak
during public comment, please allow them entry into the chambers to speak for the
public comment period. If you are inside, you are allowed to sit here, but you will
not be allowed to speak for public comment, because the public comment period is
closed for you who are here.
Mr. Dubbin: Mr. Chairman, we had a certain order of people that -- to speak.
Would it be okay if, when they came in, we could present them in the order that --?
Chair Hardemon: Is this a presentation or public comment?
Mr. Dubbin: Public comment by members of the downtown community.
Chair Hardemon: Right. Have them in order.
Amil Solh Kabbani: Good morning.
Vice Chair Russell: Good morning.
Chair Hardemon: Morning, ma'am. Who are you?
Ms. Kabbani: My name is Amil Solh Kabbani, and I'm a resident --
Chair Hardemon: Ma'am, were you sitting down?
Ms. Kabbani: Yes.
Chair Hardemon: You were sitting inside here?
Ms. Kabbani: Yes, but I m with the residents from the outside.
Chair Hardemon: But the public comment period for everyone sitting inside was
closed. I tried to make that very clear on the record.
Ms. Kabbani: So should I go out and comeback in?
Chair Hardemon: No. That means that anyone who is sitting inside of here won't
have the opportunity -- well, they've had the opportunity for public comment, and
they declined.
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Ms. Kabbani: I did not hear that part. I'm sorry.
Chair Hardemon: Okay. I'm sorry.
Ms. Kabbani: Would you allow me?
Vice Chair Russell: She's the President of the DNA (Downtown Neighbors Alliance).
Chair Hardenzon: She's the President? Madam President.
Ms. Kabbani: Thank you. Good morning. My name is Amil Solh Kabbani, and I'm
the President of the Downtown Neighbors Alliance. I reside at 50 Biscayne
Boulevard. I am also a registered voter of Miami -Dade County. PH.3, opponent.
"No" to any, any type of mega event in our green spaces. We need access to our
green spaces at all time. "No" to any mega event that will impact our health. The
noise levels deteriorate and create issues with elderlies and children. "No" to any
event that would create disruption in our daily lives, and forces us to leave our
homes so that we're not around it, around three months of the year. It's
unacceptable. If culture is what is being defined as an Ultra brand -- There's too
much of an indecent exposure for children to be around it. It should have a different
location. Culture can be defined as opera or any artistic music from the Arsht
Center or the Pan American [sic] Museum. Again, "no" to any type of mega event in
our green spaces. I also would like to very quickly speak to the BH 1. I support fully
Commissioner Ken Russell in allocating $65, 000 against increasing the Yellow Shirt
Program citywide. And I also would like to speak positively of RE.5. Thank you for
listening to me.
Chair Hardemon: Thank you very much, ma'am. Sir, you're recognized.
Richard Huggins: Okay. Can I start?
Chair Hardemon: Yes.
Mr. Huggins: Okay. Anyway --
Chair Hardemon: I'm sorry. You didn't give the -- Say your first, your last name;
you may state your address; what item it is that you're speaking about, and then you
have two minutes to address this body.
Mr. Huggins: Okay. My name is Richard Huggins. I run a business, Signs and
Printing, in downtown Miami, and I'm here speaking, because I'm very positive
about the Ultra event. I've been here five years. And to me, it's very important. As
printers, we print for the Ultra event itself. Obviously, we make money and
employee people doing it. We print a lot of menus, because it has a flow -down effect.
The people that come to Miami also eat; they also use hotels, and we supply the
menus and help them out, of course. To me, events like this are essential, because
without Ultra, you might as well rule out cruise ships, events. There's nothing much
else in Miami, apart from its fantastic restaurants and nightclub scene. So wrapping
it up, I'm very positive about it. I've never had any problems with it. Obviously, we
make money out of it, and we employ people through it, and provide employment for
local people. I appreciate I've only got a few minutes, so I'll end there.
Vice Chair Russell: Thank you.
Mr. Huggins: Thank you.
Chair Hardemon: Thank you, sir. Ma'am, you're recognized.
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Karen Santaella: Hi. My name is Karen Santaella, and I have an office downtown
in The Marquis, and I -- after working at the Greater Miami Convention and Visitors
Bureau, I see how great Ultra has been for an economic impact, to attract tourism,
as those hundreds of thousands of people need somewhere to stay, somewhere to eat,
and seeing the positive change for people to come together with music and such, I
think it should stay. And as a former attendee of Ultra, I've had great time. I see the
security has been a lot better throughout the years, so I don't see why you guys
would have to take Ultra out, being all the benefits that it brings, so thank you.
Chair Hardemon: Thank you, ma'am.
Mr. Dubbin: Just a point of order, Mr. Chairman. They seem to be only letting in,
you know, a few small numbers at a time, even though the room continues to be
occupied by people who don't plan to speak, and there're 30 people outside that have
the right now to speak.
Chair Hardemon: There's nothing --
Commissioner Gort: They came to attend the meeting.
Chair Hardemon: -- I'm not going to remove people who want to sit and watch the
Commission meeting, so that's not going to happen. But I would allow them to come
in for public comment, so that's going to happen. So allow us, please, to just run
through this process of allowing people in. If they're in the order that you said
they're in, there shouldn't be a problem.
Mr. Dubbin: Many are outside still, because they're not being let in.
Chair Hardemon: Okay. Well, we want to get this public comment thing moving,
and, you know, you're causing some delay. Father, wait one second, please. As you
were sitting down, just have a seat for a moment, please. I'll talk to you offline.
Mr. Dubbin: We'll start them coming up --
Chair Hardemon: Please.
Mr. Dubbin: -- Mr. Chairman, okay?
Chair Hardemon: If someone's in the line and they want to speak for public
comment, please. How are you doing?
Willie Williams: Good afternoon. My name is Pastor Willie L. Williams. I am the
owner of Just Right Barbershop, as well as Greater Mercy Missionary Baptist
Church in Overtown. I'm a resident, as well. And what I see about Ultra Fest is
benefits, benefits, benefits. The children, they benefit, because they're beginning to
invest in our community, and I -- you know, I thank them for that. Also, our adults,
they benefit, because they get jobs, and we see a lot of them, as well. And then, all --
overall, they do the things that need to be done within the radius where they're trying
to establish what -- the events that they are establishing. So we support them, we
stand up with them, and we're hoping that you do the same.
Bill Kelley: Thank you. My name is Bill Kelley. I'm the co-founder and Chairman
of the Winter Music Conference. I'm here today to talk not just about a three-day
festival in a park, but the economic impact that the music industry now has on the
City of Miami. As you know, in 1985, I started a music convention called the Winter
Music Conference; it's now in its 34th year. It spawned the Ultra Music Festival, in
addition to bringing literally hundreds of thousands of people from all over the
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world to Miami as a major city for music, and this continues today. I'm happy to say
that Ultra Music Festival helped acquire the Winter Music Conference this past
year, and we had people coming globally from all over the world. The impact isn't
just to the residents who live outside of the park there, but this is to literally tens of
thousands of people in the City who make money from the entire week, which starts
on a Monday and, you know, it reaches that peak on that Friday, Saturday, and
Sunday. So this is -- if this major event does not take place on Friday, Saturday, and
Sunday, you're not just impacting a festival; you're impacting the music business,
which comes down here for the entire Miami Music Week, which is basically a
seven-day forum of meetings, workshops, and so forth. We're talking about
publishers, agents, managers, licensing; we're talking about artists. This is way
more than just kids having some fun in the park. This is really an economic impact
that affects the airlines, the hotels, the bed tax, and everything that's made from this
event is tremendous. I don't need to give you stats, because I'm sure you have all this
information in front of you already, but I do appeal to the Commission and the
Mayor to please approve this event, because it is a major event economically, and
the global impact to the City of Miami is tremendous. And I'm sure Miami wants to
be a world-class city, just like every other city in the United States.
Chair Hardemon:
Thank you very much, sir.
Vice Chair Russell:
Is that the DJ, Bill Kelley?
Mr. Kelley: Yes.
Vice Chair Russell:
I was just checking.
Chair Hardemon:
You're recognized, sir.
Chester Escobar: Good morning. My name is Chester Escobar. I'm the Regional
Manager for South Florida and Puerto Rico for SP Plus. SP Plus is the largest
parking operator in the country, and we control a large pool of parking in the City of
Miami. Our operations in the City of Miami generate around $29 million a year
from the customers, which translates to about 3.9 in the City of Miami's parking
surcharge. So we're a big contributor of the City of Miami surcharge. I am here in
favor of the Ultra Festival. I think that, as good Miamians, we love the spotlight,
and we shine in it We provide services for those folks. We're in the transportation
business, so we make sure that everybody has a safe place to park. At the same time,
I think that the festival has matured during many --the recent years. Security is a lot
better. We find that working with festival organizers is easy. They never have any
issues with the requests that we make. So I think that everything is getting much
better. This is a national spotlight, an international spotlight, and we're glad to be
part of the City during this time, and we urge you to support this item.
Chair Hardemon: Thank you, sir.
Mr. Escobar: Thank you.
Alba Hersburg: Good morning. I'm Alba Hersburg, and I'm a resident of 50. I
support -- I guess this parking lot's all year long. My point is, since we're speaking
on an economical basis, I think the tax base in 1985 that was mentioned as the
beginning of the festival was nowhere of what the tax base is today that the City of
Miami --us in downtown provide to the City of Miami. You allowed the skyscrapers
to be built. You wanted a residential/commercial type of environment. And now, it's
a little bit of our turn to be able to enjoy the park, to be able to enjoy the City, to be
able to enjoy the enrichments of our taxes that we, as residents of downtown pay on
a daily basis. So, like this gentleman said, he has a weekend of a lot of parking. He
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gets that parking from the Miami Heat. He gets that parking from many other
events. We are the people that live there. We are the people that supply the taxes on
a yearly basis. We are the ones that use everything that the City has to offer. Weare
the ones that vote for you, and we are the ones that deserve to be considered. So I
thank you for your time, and I hope that you vote as if you live there. Thank you.
Chair Hardemon: You're recognized.
Juan D. Canino: Good morning, ladies and gentlemen. My name is Juan Canino.
I'm a law enforcement officer in South Florida, and I'm a 10 year resident of the City
of -- downtown -- the City of Miami. And as a member of the community here, I also
am a recent dog owner. I own a miniature Schnauzer, about five months old. She's
a little puppy, and she requires a lot of walking. I don't know if you guys have a dog
or any pets, but as you know, they require a lot of attention. So what I'm starting
and what I realized last year, three dogs apparently died after Ultra was --
construction was finished, apparently through poisoning, some sort of pesticide in
the park. I don't know the validity of it; these are only allegations that were made.
But I know the owners, and I've spoken to them. It has not been established that was
exactly the reason. But I am starting an organization called the Downtown Dog
Owners Association, for the betterment of the environment, to establish dog parks,
and to establish a way that dog owners can have a representation and a
communication with government, public officials, and also private entities. I would
like to start -- I don't want Ultra to be gone. I love Ultra. I watch from my balcony,
I have parties, I invite my friends. But what I definitely want is the park to be
finished, to be rectified. At the end of the day, we lose the park for months. And I
remember watching from my balcony for about three weeks. Not a single truck
moved. Not a single thing of grass was planted. For whatever reason, they just
stopped fixing the park; and so, we lost the park for several months. All I want is for
the park to be restored, and for us, as dog owners and members of the community to
have a voice and to re-establish the park so that we can use it. That's all I'm here
for, and I hope that we can move forward and find a middle ground. Thank you very
much.
Chair Hardemon: Thank you. You're recognized, ma'am.
Matilda Kalaveshi: Hi. My name is Matilda. I'm a resident of 50 Biscayne; a
downtown resident and taxpayer. I am here to talk about the impact that Ultra has
in our community and our daily lives. I personally have nothing against Ultra. I
think it's a great festival. I happen to even enjoy the music. My problem is that
having Ultra in front of my building -- what feels like inside my apartment -- is just
not sustainable at this time. I think when Ultra started, downtown was smaller; I
think Ultra itself was smaller. It was way smaller than it is now. So I think Ultra
has outgrown itself, and I think downtown has outgrown, so the relationship that
once was is no longer there, and I think this is the problem that we're faced with
now. The problem is not that we don't want Ultra. Ultra can stay in Miami, but
Ultra cannot stay in Bayfront Park. Ultra cannot stay in Bayfront Park, because
we're not able to sleep at night. I mean, it boils down to the fact that we cannot sleep
at night. I don't know if any of you go to bed at night and are not able to sleep,
because your windows are shaking, and your house is basically inside a club. So
that is the problem. The problem is not that you guys are bad people, that Ultra is a
had entity. The problem is that we cannot sleep at night, and that is a basic right,
and that is the right that we're fighting for right now. I have a nine -month-old
daughter. When Ultra -- in March, when Ultra was taking place, she was two
months old, and I had to move her out of my apartment, and that's a lot, to move out
a two -month-old and go to a hotel that's dirty, that's not clean, that doesn't have
anything she needs. So that is the problem. The problem is that the City is no longer
servicing its residents, and downtown now is a residential neighborhood, whether we
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like it or not. I'm sure you think it's funny, because you don't have a daughter, but
when you do, I hope you realize what I'm going through. So thank you all for your
time.
Chair Hardemon: Thank you.
Pedro Martinez: Good morning, Commissioners. The vision of Public Parks for
Miami is to connect community, cheerfulness, and conservation. Connect the parks
and public spaces, rather than a collection of isolated sites. Community: Where
Miamians can experience the cosmopolitan diversity of an international city:
Cheerfulness for children, teenagers and adults, a place to play and enjoy.
Conserve: Nature and green spaces, where trees, plants, lawn can grow and add to
the beauty of the City of Miami. What is the vision of -- the current vision of
Bayfront Park if it accepts the contract of Ultra, and if you Commissioners accept
Ultra in Bayfront Park? Instead of connect, you will disconnect. You will be -- it'll
be a massive event venue that disconnects the park, since it's closed months of the
year. Instead of community, then we will have disrupt of the community [sic], where
the community experiences a living hell during all of these events. Instead of
cheerfulness, we will have division, where children, teenagers, and adults are
excluded. Instead of conservation, destruction, where nature is destroyed by Ultra
and other massive events. Bayfront Park should not be allowed to host massive
events. They need to move to the proper venue; maybe a stadium designed for such
an event. Bayfront Park Trust is prostituting the Central Park of Miami, making the
life of our community a living hell. None of the board members live nor play around
Bayfront Park. They do not care that park is destroyed, and that lives are impacted
by all of this noise, traffic and destruction, months at a time. Commissioners, I urge
you to please vote "no"for Ultra. Thankyou.
Chair Hardemon: Thank you very much. Ma'am, you're recognized. So I'll be clear
just to all the sergeant -at -arms are on the same wavelength. If there are seats that
are open and someone speaks who's coming from the outside and you want to stay,
you can take a seat, and you can stay. Once the seats are full, the Eire Department
let us know that, and this is at capacity, and we're not going to allow people to stay.
But if there are seats available and you're speaking right now, then you can take a
seat, okay? You're recognized, ma'am.
Caneyda Olave: Thank you. Good morning. My name -- "Perdon. Troy hablar en
espanol. Buenos dias. "
Chair Hardemon: "Un moment. " Hold on. "Espera para interpreter. "
Ms. Olave: "Mi nombre" -- my name is Caneyda Olave, and I live in downtown.
(As translated by Oficial Spanish Interpreter Maria Aguero): I'm representing all
the people who lives in downtown who can't come today, who can't be here today,
because they're older people. We don't agree that the Ultra, it stay placed in
downtown. It should be in another odd place, because there's a lot of noise, there's a
lot of disturbance, and we cannot get out of our homes. We have to be inside our
homes during the whole event. Older people has to go out and look for another
place to stay during the event, because it -- they get sick because of that, because of
all the noise. Please, I am not in -- against the Ultra. I'm just only asking that it has
to be in another place, please. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Jamie Richardson: Good morning, Commissioners. My name is Jamie Richardson.
I own a small marketing business in the downtown area. I was first -- I first came to
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Ultra six years ago; someone invited me. Two years ago, I moved my small company
here. Ultra is an incredible event that helps you also culminate [sic] clients. I know
that sounds a little weird, but here's what happens: It's a three-day event that you
can invite your clients to that you get to bond with them. The experiences at Ultra
just aren't about business; there's love, unity there, and it also opened your city up to
me; not that I really matter that much, but I wasn't really pro Miami until I came to
the first event. But the economic benefits that Ultra brings to the City I think far
outweigh any of the other incidences that people may not like. Again, it's just -- it's
something that's so unique. The City is showcased all around the world. I can't tell
you of the amount of places that I've gone in the world and you say, "Hey, I go to
Ultra, I live in Miami" -- with people of all ages. I'm 45 years old. It's not just 20 -
year -olds that go there -- that all know this event worldwide. I can't even imagine if
you could put into marketing dollars, which is my language, what this advertisement
does from the City. There's always pros and cons with everything, but this location -
- being able to be right downtown, leave the event, go to restaurants, go to shops --
everything is perfect for this. And I think if you don't allow this to happen, I think in
one to two or three years, you're going to look back and see the mistake. I think
there can be a compromise and that this can work out for everybody. I think that's
all that I have to say. Thank you.
Chair Hardemon: Thank you, sir.
Victor Gadino: Hello. How are you? Victor Gadino. I own an apartment at 50
Biscayne. I actually live in the back of the building, and I just wanted to make my
presence here to tell everyone that the -- it's unlivable; my apartment is unlivable
that weekend. I -- luckily, I can afford to leave the building; a lot of people can't. I
work and live in the apartment, and it's -- it makes it impossible to do either one. I
had to increase my blood pressure medication. I mean, there's -- you have no idea
what it feels like to be in a box that's vibrating, and you hear that noise for a whole
weekend. And I mean, I grew up my whole life on the Upper Eastside. I moved to 50
Biscayne because I wanted an urban environment. I wanted busy, I wanted -- I don't
mind noise. I wanted the traffic. All of that is good to me. But Ultra is way beyond
anything I've ever experienced. I mean, I still go to concerts. I enjoy all that stuff. I
used to go to circuit parties here in Miami when I was a little bit younger. But
nothing, nothing is anything like this. The size of the event --just too big. I'm not
saying get rid of Ultra; it just has to move. It's not -- that space that it's in right now
is just -- it's just unbearable for -- to be -- to have to live there through it. Thank
you.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Dan Burdak: Good morning, Commissioners. Thank you very much for allowing me
to attend here. Sorry Mr. Carollo couldn't be here with us today. My name is Dan
Burdak. I'm 59 years old. I was born in Miami, Florida. I'm a business owner. I
own a real estate company in Brickell Avenue, and I've been going to Ultra at the
present location for the past 20 years. Ultra's been here for along time. Ultra is a
worldwide event; it's a wonderful event. We don't have to travel to Japan or to Chile
or to Ibiza to visit, to enjoy the fantastic venue they bring to Miami; it comes to us. I
can appreciate Matilda. She lives in Biscayne, and she says it's unlivable. But I'm
sorry, Matilda. Ultra was there before you were. You moved in. You should have
known what was there. You should have done your homework. Ultra's been here.
It's got the support worldwide. It's a fantastic venue, and we certainly would like it
to continue with us. Thank you all very much.
Chair Hardemon: Thank you, sir. You're recognized.
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Nathaniel Sandler: Good morning, Commissioners, Mr. Chair. My name is
Nathaniel Sandler. I'm here on behalf of two businesses that opened in the Flagler
District in the last year; one of which is Stride, a brand-new bay, which is blocks
away from Ultra; and the other of which is Booklegger's Library, a nonprofit that
gives away free books to the community on a monthly basis. I opened both of these
storefronts, one at 207 Northeast 1st Street, and the other at 145 East Elagler; within
the last year, and my life has obviously changed because of that, but it's changed for
the better, and moving my entire economy, both for-profit and nonprofit, to this
neighborhood has done nothing but make my life better, and I think it's made the
neighborhood better. Many people come up to me and ask why I decided to open a
bar and a bookstore on the same street, and the answer to that is opportunity. With
the City changing, how it is, opportunity comes in pockets, and it just so happens
that the Elagler District is one of those pockets right now. And if you choose to shut
down one of the largest and quite frankly, most successful international events that
the City has in this pocket of opportunity, you'll be deterring other people from
opening businesses in that district. One of the decisions that -- or one of the main
factors in the decision that me and my partners made in opening up the bar
downtown was Ultra Music Festival, and I think that making a decision that kills this
event will make other people stay away. So thank you for your time.
Chair Hardemon: Thank you. You're recognized, ma'am.
Joy Prevor: Good morning, Commissioners. My name's Joy Prevor. I live at 50
Biscayne, right across the street from Bayfront Park, and I need to share with you
that getting in here today was like worse than getting into a club; that's what this has
become. Now, I would like to focus on two areas: the economic impact, and the
green space. Okay? Back in 2006 through 2009, you guys -- or your predecessors --
decided that that area of downtown Miami -- the Central Business District -- was
going to become a residential area. You approved all these condos, okay? I was
one of the people who was lured there, as this new burgeoning neighborhood, okay?
And when I bought my apartment, Ultra was not there. Ultra was not always at
Bayfront Park, okay? And I very much appreciated the idea that every morning, I
could walk downstairs to the park and take a beautiful walk along the water. How
many of you like walking along the water? Isn't that part of why we live in Miami?
Then I dreamed of having a child who could go to the playground and ride his bike
after school. My husband could play ball with him in the park. Isn't that what you
guys want for your families, too? Okay. So we bought, we stayed, we started a
family. In 2012, that's when Bayfront Park was taken over again by Ultra, okay?
And at that point, you had over 5, 000 residents living right across the street from the
park. And since 2012, we have been dealing with this, okay? As you talk about the
economic impact that Ultra has on the City, I don't doubt that there are many
businesses that benefit from Ultra, and I'm sure that these businesses would continue
to benefit from Ultra at a different location in the City of Miami. No one is claiming
that Ultra should be banned from Miami. We just don't believe that this area that
you guys have turned into a residential neighborhood is still appropriate --
Chair Hardemon: Thank you very much, ma'am.
Ms. Prevor: --for this event.
Chair Hardemon: Your time has expired. You're recognized, ma'am.
Fran Fenton: Good morning, Commissioners. I'm Fran Fenton. I live in One
Miami. Full disclosure: I've been representing One Miami at the DNA for a year,
and for the last two weeks, I've been a board member. However, my affection for
Bayfront Park goes back nine years, so I'm speaking as a private citizen. Two weeks
ago, the -- was the 13th anniversary since the beginning of free yoga in Bayfront
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Park, supported by the Trust and various sponsors. To date, more than 165,000
times, yogis have practiced free yoga at the park, and taken advantage of this
healthy endeavor, bringing peace -- bringing joy to their lives, right in downtown
Miami. Since its inception, dozens of other venues have copied this model, but it was
here that it all began. The good thing about these yoga classes is that they do not
prohibit other activities from taking place at the same time. The children's
playground is still utilized; skaters are circling the fountain; dogs are being walked -
friends are using each -- are visiting each other; folks are sitting on benches, and
chilling; even the amphitheater could be holding a concert. And best of all,
pedestrians making their way past the park can observe these social activities and
still see the beautiful bay -- Biscayne Bay, even without entering the park. When it is
closed for weeks at a time, tall barriers block not only access to all these activities,
but even the view is obscured, and the entire stretch of Biscayne Boulevard is just
blighted -- nothing -- as this beautiful park is hidden from view, and none of the
residents and visitors can enjoy the beauty of our surroundings. Help us preserve
society's sense of well-being. Please vote "no" to Ultra in Bayfront Park. Thank
you.
Chair Hardemon: You're recognized.
Brooke Berns: Good morning. I just -- I live across the street from the park, and
when I think of a park, I think of --
Chair Hardemon: Can you tell us your name, please?
Ms. Berns: My name's Brooke Berns. -- but the first thing you think of, you think of
just going to the park, relaxing, bringing community together. I believe any event
you can't bring, you know, your children to shouldn't be where the community is. It
should be left where the entertainment is, where the -- you know -- all of our tourists
stays; our tourism. We shouldn't bring it, you know, where our homes are, where we
want to walk our kids, walk our dogs. When you're watching, like people just trash
your street, and no respect -- it's cigarettes and water bottles, and having no respect.
It's not about having no -- We don't care about you having Ultra; that's not the
problem. The problem is, clean your trash. It's disgusting when you go out scuba
diving the next week after one of these huge events. You're trashing where we live.
The most beautiful thing, it's in front of a water park, and the water bottles go in the
ocean. You go out snorkeling and scuba diving, there's plastic everywhere, and it's
just -- it's sad. What are we doing? You know, when you can't explain to your
children when you're walking them down the street, and you see women playing with
each other, how do you explain that; something where the community is supposed to
be? It's disgusting; it's just gross. We should be holding events that bring us
together that are positive that you can like explain to your children, and you're
happy and you're proud of it; not something where, you know, you have to keep them
away; especially when it's in your front yard. When you're on your balcony staring
down at people just getting hammered and doing drugs, and can go outside during
Ultra and pick up little baggies. It's absolutely gross, and your daughter is grabbing
it. That's the problem that people have; it's the respect for the community. We have
to clean it up.
Chair Hardemon: Thank you very much, ma'am.
Ms. Berns: You're welcome.
William Bertot: Good morning. I am Deacon William Bertot from 118 Northeast
2nd Street, Jesu Catholic Church. I want to start by apologizing to the Chairman
and the Commission, and all those present here. Myself and Father Eddie were
sitting down, but a couple of the clerics don't -- aren't familiar with your
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proceedings, and we were under the mistaken impression that we would be called.
So, please, I beg your indulgence for two brief comments. While I cannot -- I'm not
here to speak against Ultra and I can't comment on its legacy to the City of Miami, I
would like to comment on the legacy of Iesu Catholic Church, which has been onsite
since 1896, since before the City of Miami was incorporated. We have been serving
the community for a long time. We currently have a soup kitchen that services the
old and the needy. We have services every day of the week. We are there for
confession and masses. And our faithful tell us that during the Ultra Fest, they
cannot get close to the church, and we notice the attendance at the church drops off
radically. They comment -- the elderly -- that they cannot compete with the foot
traffic of the pedestrians headed toward the concert. Those that ride public
transportation also comment that they cannot compete with the volume of people
taking the public transportation. And the drivers comment that the traffic is terrible,
and they can find no parking to attend services. As the deacon of the church, I have
heard it said at this meeting that Ultra has promoted safety and security. Well, I
have to tell you that I frequently have to deal with the safety and security of the
young people that are sleeping in their cars during the Ultra Fest, in our parking
areas; sleeping off all the fun they've been having. ,Iesu Catholic Church does not
contribute hundreds of millions of dollars. ,Iesu Catholic Church provides moral
and spiritual services and support to everyone in our community, especially to the
few low-income people that live in that area. I would ask you to vote "no" on PH 3.
Chair Hardemon: Father, can you -- you can close out the comments with -- so you
can leave with him.
Eduardo Alvarez: Father Eduardo Alvarez, and I've been pastor of ,Iesu for 14
years, and there are three points that I would like to say. I'm sorry that
Commissioner Carollo is not here to hear these points, but there's three points: One,
the elderly. The elderly, you know, suffer very much in -- when there is an event at
Bayfront Park. Why? Because they close the streets. I have nothing against the
police; they're following orders. But these elderly people cannot come to our
church. Second, the elderly people find that the routes for the buses are changed
when there is some event downtown. And when you have elderly people who come to
church and they know that they have to walk one block and a half with their walker,
and now the buses have changed, and they have to walk nine blocks to get there, they
don't go, and they stay home. These are people who vote. And four year -- several
years ago when Mayor Diaz was Mayor, we sent them a letter with 2, 000 signatures,
because of the difficulty to get around downtown when events happen. I am willing
to take more signatures if this comes through, for you to think. And these are the
people who vote for you, okay? These are the people who vote for you. I know that
on the other side, there's a lot of money, and money, as the movie, "Cabaret" says,
"Money makes the world go round. " But these are the voters who vote for you, and
they go to my church. Also, I am related to a bunch of doctors of the City, because I
have been in the City for 42 years as a priest, and I know a lot of doctors. And many
doctors have said that a lot of young people taking drugs at Ultra, some of those
drugs cannot be returned back to where they were. And I have the testimony, even
last night, of a pediatrician who treats a 20 -year-old young man who is taking drugs.
And you need to go and see the end of Ultra, when Ultra finishes.
Chair Hardemon: Thank you, sir. Father --
Mr. Alvarez: You know, you need to go and see --
Chair Hardemon: -- your time has expired.
Mr. Alvarez: --and see for yourself, you know. And I --
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Chair Hardemon: Father --
Mr. Alvarez: -- do remind you one last thing.
Chair Hardemon: -- your time has expired.
Mr. Alvarez: I do remind you that one of the men in the '80s who --
Chair Hardemon: Father, father, I do not want to cut you off.
Mr. Alvarez: Huh?
Chair Hardemon: I do not want to cut you off, hut I must.
Mr. Alvarez: Yeah, for --
Chair Hardemon: When you -- If I were to visit your church, I would not go further
than you would allow me to go.
Mr. Alvarez: Okay, thank you very much.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Zachary Wurl: Zach Wurl, and I live in the downtown area. I've been living there
for about six years. And I'm in favor of Ultra staying, and for a couple reasons. I
see the steps that they take to build their festival; to take every area, to look at it, and
make sure things are perfect. I also see that when they take things down; to make
sure that the park is taken care of- to make sure new grass is put there; to make sure
everything is left the way it was, if not better. Also, to make a point on the noise, we
do stop at 12 o'clock. Many of the condominiums that are in downtown also have a
rule to stop their music in the condominiums at 12 o'clock. Many music things
happen in these condominiums all the time that can disturb all the people that are
living there. They also can do, you know, had things. One more point that I would
like to make is, is that moving Ultra somewhere else could cause problems with
transportation, and with people getting to these events. The downtown Miami area
has provided a very safe way of transportation to get to this event, so everybody from
all around the world, whether it be in Miami -- anywhere -- can come here and have
a safe place to go to an event. I see lots of traffic issues from the events that happen
at the Bayfront Park, as well as the American Airlines Arena that shows me that
Ultra Music Festival can stay there and can abide by the rules that you guys provide
them. Thank you very much.
Chair Hardemon: Thank you, sir. Ma'am, you're recognized.
Roberta Quirk: Good morning. My name is Roberta Quirk. My family and I live in
One Miami, downtown, and as we do not object to Ultra being held, we find Bayfront
Park inappropriate. It's disruptive, it's inconvenient, it's loud, and we ask you to
vote "no" on PH.3. Thank you.
Chair Hardemon: Thank you. Sir, you're recognized.
Stephen Simeoizis: Hello. My name is Stephen Simeoizis, and I'm a downtown
resident. I would like to state that I am a fan of Ultra; just not in a park in a
residential area. I don't want to focus -- I share a lot of the same complaints that
have -- of the people that have gone before me, but I don't want to focus on the
numbers or the fact that the Ultra only winds up giving the City about 2 percent of its
revenues or -- and I have a lot of personal stories that I could share, because I've
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been living downtown for some time now, but I don't think it's appropriate to focus
on the gripes of a younger single guy living downtown. I think the focus here needs
to be on the families that live downtown, and the fact that this is a residential
neighborhood; the fact that, you know, if you have a young infant, there's no way you
can possibly put them down for a nap or down to bed with 135 decibel sound checks.
And that's who we're trying to attract into our city, right? We want to have families
living in Miami. And I think it's inappropriate when you consider the number of
elderly and families that live in the area immediately surrounding the park to have a
mega event that shuts the park down for months on end, and creates a rather hellish
weekend for residents down there. So when you're voting, I implore you to
remember that downtown Miami is a residential neighborhood, and that you treat it
as such. Thank you so much for your time.
Stephen Dutton: Good morning. I'm Steve Dutton. I live at 244 Biscayne
Boulevard. I moved here five years ago, and I have always maintained hope and
desire that downtown, as a community of residents, will succeed. The City, I know,
advocated for that some 20 years ago, and I think very successfully. I was one of the
investors who came downtown and bought my home, my permanent home, in
downtown Miami. There are many issues in Miami to focus on in downtown to make
it a more successful residential community area, but this is one. I've never been here
when Ultra was performed, because I was told about it when I bought in 2012 that it
was coming back. I bought in March of 2012. I saw the setup across the street, and
I asked the broker, "What is that?" When he told me what it was -- not that I'm
against Ultra or the music, whatever -- I realized that I didn't want to stay during
that period. So every year since, I've been on a cruise just to be out of town. I can't
always do that, though, and it's not fair to not support my neighbors and other
residents of downtown, leaving them only the option of disappearing to avoid the
noise. I hear Bayside every night till midnight. That's one little band show. Imagine
10, 20 times that noise. There's no way you cannot be supportive of our position of
not voting for PH 3. Thank you.
Chair Hardemon: Thank you, sir.
Austin Dihlbeck: Good morning. My name is Austin Dihlbeck I live at Bayfront
Park. I've been a resident for three years, give or take a few days. I've seen the
impact of what -- last year, for instance, when the park was closed for nearly -- I
think 112 days --that's a major disruption of the park's --what lifestyle it offers. It's
a beautiful spot, and to take it away from myself and the residents that I've met,
nearly everyone is not in favor of having Ultra. I hope the Commissioners will
consider voting "no" on PH3. Thankyou.
Chair Hardemon: Thank you, sir. Sir, you're recognized.
Eloy Colombo: Thank you. My name is Eloy Colombo, and I live in 330 Biscayne.
Commissioner Gort: Take him the mike.
Mr. Colombo: Okay. And I ask for vote "no, " because I think the main US (United
States) foundation is that no one can prioritize public space. Someone talk about
noise inside buildings, but no. We have tough restrictions about invade your
neighbor space with your noise. So I think the vote "no" is more appropriate. Thank
you.
Chair Hardemon: Thank you. You're recognized, ma'am.
Sarah Arroyo: Good morning, Commissioners. My name is Sarah Arroyo. I am 32
years old; owner in 50 Biscayne, and Global Marketing Director of Revlon. I have
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done my fair share of partying, and have attended many different music festivals
around the world, including Coachella, Lollapalooza, and Tomorrow Land in
Belgium. So please trust me when I say that despite having different life priorities
now, I am flexible and I am open-minded. Back in October 2015, my husband and I
decided to make one of our most important decisions together, purchasing our first
home. As we reviewed the different urban areas, we fell in love with downtown for
one reason: Bayfront Park. I knew that being able to enjoy a walk at the park with
my dogs three times a day would help me reduce the high levels of stress and anxiety
caused my -- by my very high paced career. Bayfront Park quickly became my little
piece of nature. As I stepped into 50 Biscayne in 2015 as a proud owner, it was just
a matter of time until I realized what a terrible mistake I had done. While I fell in
love with our residential building and neighbor community, I quickly realized that
the events at Bayfront Park were too frequent and too large in size, and there was
clearly a disregard for the residents of downtown, with Ultra being the biggest and
the baddest of them all. I could provide today dozens of examples about Ultra -- how
Ultra impacts my life, but due to limited time, I will just provide a tiny glimpse. I
walk my dogs three times per day. During the one-month park closing before Ultra,
I have to walk through an obstacle race every single time, hopping over construction
materials, broken sidewalks. And as the Ultra date gets closer, I even get pushed to
the edge of the actual street in Biscayne Boulevard, because sidewalks; some are
closed, and some are left without sufficient space to walk. I have almost fallen twice.
After last year's Ultra ended and the park reopened, I tripped with a screw that had
been left popping out after the removal of one of the benches next to the fountain.
Chair Hardemon: Ma'am, thank you very much. Your time has expired.
Ms. Arroyo: Oh, okay.
Chair Hardemon: You're recognized, sir.
Emilio T. Gonzalez (City Manager): Excuse me, Mr. Chairman. If I could get some
of you folks that are lined up over there to come -- you could line up over this
podium, as well, and we could speed things up.
Chair Hardemon: I think they're -- that's how they keep a eye on who's who.
Ma'am, you're recognized.
Luz Saldarriaga: Hello. I am Luz Saldarriaga, and I live at 50 Biscayne. I have
been a downtown resident for the past five years. Please vote "no, " and give us our
park back. Ultra is not downtown Miami. Thank you.
Chair Hardemon: Thank you, ma'am. Sir?
Ken Schwartz: Good morning, Commissioners. I wanted to talk to you about how
downtown neighborhood has changed over the years, and I also wanted to talk to
you about how Ultra has changed over the years. I visited many of you in your
offices, and I always appreciate the time that you've spent with us. But there is a
conflict now. This neighborhood has essentially given birth somewhere in that
2004/2005 time/rame, and most of the approximate 3, 000 residential units that have
been developed in downtown all came online in roughly the 2007/2008 time period.
Ultra, on the other hand, left Bayfront Park in approximately 2007/2008; perhaps
even earlier than that. It actually didn't return until 2012, when all these 3,000
residential units were occupied. So there's now a conflict. Ultra has changed. This
neighborhood has changed from when Ultra initially occupied Bayfront Park in the
early 2000's. The only thing that hasn't changed is this Commission's policy towards
Ultra and downtown, which has inevitably created a conflict, an irreconcilable
conflict, and only you can solve it. Only you can solve it. Commissioner Carollo has
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asked time and time again. This Commission has to make a decision about what they
want Bayfront Park to be. And so, I pose that question to you as you consider your
vote today. What do you want Bayfront Park to be? Do you want it to be an amenity
for the residents? Do you want it to improve the quality of life for those who live in
Miami, for this district, who vote for some of you? Or do you want to turn it over to
special interests, private profiteers? It's not a -- no longer an appropriate venue. I
have nothing against Ultra, but it's no longer an appropriate venue for downtown
Miami, which has now become a full fledged residential neighborhood. Thankyou.
ChairHardemon: Thankyou very much, sir. Sir, you're recognized.
Joseph Risolia: Thank you for letting me speak on behalf of Ultra, which has just
been an amazing contribution to Miami. It's like --
Commissioner Gort: Excuse me.
Mr. Risolia: -- Coca-Cola is --
Commissioner Gort: Who are you?
Mr. Risolia: What's that?
Commissioner Gort: What's your name and address?
Mr. Risolia: Joseph Risolia. And it's a pleasure to speak on behalf of Ultra as --
You know, it's like Coca-Cola is to Atlanta, Ultra is to Miami, and it's helped bring
people from around the world to the City, to enjoy the City, to spend money in the
City, to buy condominiums in the City. You know, I remember when Ultra first came
to downtown Miami, there were no condo towers. You could literally roll a bowling
ball down the street at 6 p.m. Ultra was a catalyst to bring the money and the
people, and the excitement to Miami. And clearly, people from around the world
love and enjoy Ultra, and it would be a shame to see it move. It would certainly put
a dent in the movement, the positive movement. I see more and more folks from Asia,
more and more folks from Europe, South America, coming specifically for Ultra.
They're buying condominiums. They're spending money at the restaurants. They're
spending money and they're contributing to this City in a fantastic and significant
way. Thankyou.
Andrew Pate: Hello. Thank you, everyone. Thank you, Mr. Chairman. My name is
Andrew Pate, and I'm here to ask that you vote "yes" to keeping Ultra at Bayfront
Park. I'm a native of South Florida, born and raised for 34 years. I live in Miami
Beach and I've worked for Ultra for 17 years, and I can tell you that Ultra has
profoundly changed my life for the better; pretty much because it's been at Bayfront
Park. And it continues to change people's lives around the world every single day,
because it is at Bayfront Park. And I think that that is something that we should be
proud of and that we should hold on to, because together, we're inspiring the world.
And I know this, because in my experience, I've spoken to so many different people in
so many different ends of the spectrum that agree, from my involvement with Ultra's
ecovillage that invites local nonprofit organizations to join us every year; and also,
through Ultra's globally syndicated radio show that I produce, that primarily
features content that was recorded live in Miami. To clarify, Ultra's radio broadcast
aired on 111 networks in 70 countries to over 35 million people around the world
every single week. In fact, the world is literally so captivated with what's going on in
Miami that UMF (Ultra Music Festival) Radio's live broadcast from Bayfront Park
have broken a world record twice, claiming the title of the most syndicated live radio
broadcast in electronic music history. That is testament to the fact that the synergy
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that exists between Bayfront Park and Ultra is resonating brilliantly throughout the
world. Please don't change that. Please vote "yes" --
Commissioner Gort: In conclusion?
Mr. Pate: -- to keeping Ultra in Miami.
Commissioner Gort: Thank you. Yes, sir.
Mr. Pate: Thank you.
Michael Capote: Good morning, Commissioners. My name is Mike Capote. My
address is 133 Northeast 2nd Avenue, Apartment 3207. I'm here to bring to your
attention the Miami Parking Authority's intention to eliminate the residential parking
rate of $90 a month at Municipal Garage Number 3 in downtown Miami and replace
it with a monthly rate of $200. As you may know, this garage currently serves over
1, 000 residents of the City of Miami who live in downtown and the Loft 1 and 2,
which was intended to be workforce housing when it was constructed. Most of these
residents and families that live in this building are middle class families that cannot
absorb a more than 120 percent increase in the current rate that they pay for
parking. I would urge you to please amend the proposed parking ordinance to
reintroduce the resident parking rate that has been eliminated in this version of the
ordinance. All of you mentioned in your September 13 Commission meeting you are
strongly opposed to increasing the parking rate for residents of the City of Miami,
and if this ordinance remains as it is, it will do the exact opposite of your intent by
increasing the rate for more than 1, 000 residents. I'm here also in opposition of the
Ultra being hosted at Bayfront Park, and would recommend that they move to
another location. Thank you.
Mandy Diaz: Good morning, Commissioner. My name is Mandy Diaz. I represent
a company called AER Event Furnishings. We area national furniture provider and
work --have worked with the festival for the last 10 years. I did attend the festival
many years ago, but now on the flip side, as a vendor, I just want to let everyone
know that the financial -- the positive and financial impact that it has on our
employees. I mean, we prepare for the festival at least two months prior, and we
have about 150 employees working, you know, two months prior, and post festival.
So definitely, it impacts our company. As a resident, we prepare for the festival. We
already know that it's coming. So I'm here to ask that you vote "yes" to keep Ultra at
Bayfront Park. Thank you.
Sergio Chanquet: Good afternoon. My name's Sergio Chanquet. I'm here
regarding the Loft 1 and Loft 2 Parking Garage. I'm opposed to the rate hike. One
of the reasons that I'm here is when this building was first being built and it was
preconstruction, they touted the building -- the City and the developer touted the
building as being a building that's going to be for working class, civil servants, et
cetera. I think that it's outrageous. You know, a parking garage that wasn't utilized
at the beginning, and then these buildings were built, and now there's a lot of life
there now is going to get these types of increase. That's all I have to say. Thank
you.
Victoria Mendez (City Attorney): I wanted to advise the public that the parking rate
item was continued to October]]. So if anyone wants to talk about parking --unless
you cannot come October]] --but try to save that for then. Thank you so much.
Itai Benosh: Thank you, Commissioners. I will not be talking about the parking
today. I met with many of you to discuss the facts, and today I would like to share
with you that, unsurprisingly, there are real people who live around Bayfront Park;
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in fact, 5, 000 Miamians who have white collar jobs, blue color jobs, middle class, or
no jobs. They are families, elderly parents, kids, dogs. Many of them chose to live
around Bayfront Park to have a unique combination of urban living and a proximity
to a public green space, and that's what Bayfront Park was between 2006 and 2012;
an open green space with one stage amphitheater. That's the vision that this
Commission sold when it opted for residential development in downtown Miami and
around Bayfront Park. Then in 2012, the City and the Bayfront Park Trust betrayed
the residents by turning Miami's public green space into a cash cow, without any
regard to what it will do to the thousands of residents who live across the street.
When you weigh this contract later today, please consider Bayfront Park is
surrounded by more residents than all of Miami's parks combined. If an event is so
disruptive that you wouldn't even consider having it at Hadley Park, Shenandoah
Park, West End Park, Water [sic] Park, or Kennedy Park, then don't allow it at
Bayfront Park. Thank you very much.
Alfredo Rodriguez (As translated by Oficial Spanish Interpreter Maria Aguero):
Good morning. My name is A�Credo Rodriguez. I am here to express the worry that
the community feel several years ago. I would like to ask you if -- with the most
respect, we would like to -- Ultra to be translated [sic] to another place. We thank
you for your cooperation, and if you could please help us in that matter. I'm sorry
for my few words explaining this, 'pero" I would like to -- us -- you to help us to
move the event for another pla --into another place. Thank you very much for the
opportunity to speak to you.
Commissioner Gort: "Se presento muy Bien. "
Wendy Kallergis: Chair Hardemon, good morning. City of Miami Commissioners,
good to see all of you; City Manager, City Attorney; Emilio, good to see you. So we
sent a letter yesterday. I know that you probably all got a lot of mail, but I just
wanted to share that with you; parts of the letter. And then, also, I would like my
Vice Chair, Robert Hill, the GM (General Manager) at the Hotel InterContinental, to
speak. So the Greater Miami Beach -- Oh, did I say my name? I'm sorry. Do I
need to say my name and address --
Commissioner Gort: Yes.
Ms. Kallergis: -- and all that? Okay.
Commissioner Gort: Thank you.
Ms. Kallergis: My name is Wendy Kallergis. I'm the President and CEO (Chief
Executive Officer) of the Greater Miami and the Beaches Hotel Association. My
office is on 1674 Meridian Avenue, Miami Beach, Florida 33139. The Greater
Miami and the Beaches Hotel -- it's funny, because, you know, you have to look at
where there's people -- Association looks forward to the return of the Ultra Music
Festival to downtown Miami on a long-term basis. From the perspective of our
membership, the festival generates positive economic impact through sold -out hotel
rooms in downtown Miami, Brickell, Coconut Grove, Coral Gables, Miami Beach.
And yesterday, when I sent out the email to all of our hotels, I was so shocked, and I
just didn't realize how far, you know, people stayed to go to Ultra, and probably
many of them were too -- workers, employees of Ultra. Miami Lakes, Sunny Isles,
South Dade, Doral were also additional hotels supporting, so I was very happy to
see that. Additional business is generated from independent events; patronage of
our restaurants, clubs, bars, taxis, limousines, tour companies, Uber, Ly/t, tours and
venues and retail establishments. In the last three years alone, the festival has
generated approximately $448 million in economic benefit, and in excess of 4,900
jobs, the majority of which are in the hospitality and tourism industry. While we
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recognize that there may sometimes be challenges with any large event, our role is to
mitigate and manage those challenges, and work together to participate in resolving
issues. Since 1999, the Ultra Music Festival has brought a younger demographic
market to Miami that returns year after year, spending additional dollars with us.
We support the return in 2018, and for many years to come. And I also wanted to
say that we're here to also help. You know, if you want to create some sort of a
committee of industry, residents, Ultra -- I mean, whatever we need to do to help the
significance of Ultra for our industry, for our jobs, for our employees is huge, and
we appreciate your support. And anything you need from us, count on our support.
Thank you so much.
Bennett Brooks: Good morning, Commissioners. My name is Bennett Brooks, from
Brooks Acoustics Corp., 49 North Federal Highway, Pompano Beach, 33062. As a
point of order, counsel for the residents has requested that I get four minutes to
speak, so I thank you for that. I'd like to submit a copy of my remarks to the Clerk.
This testimony is a summary of the sound test report for the Ultra Festival that was
submitted into the record. I was the engineer that was posted at the 50 Biscayne
during the Ultra Festival, and I'm here to provide scientific information for the
Commissioners' use in making their decision. Well, it -- from my objective
viewpoint, it seems that the -- if the goal of Ultra Festival was to deliver gut -shaking
intense sound levels to their audience, then they succeeded. The effect of this gut -
shaking sound on the community is to disrupt the rhythm of life; people with small
children at home, people who work at home, people who must get sleep in the
daytime or the evening; so-called normal residents, who come home after work, after
a long day or on a weekend; people who want to have the quiet enjoyment -- it's a
legal term -- of their home during the day and into the night. So we have objective
data to support all that. By all acoustical parameters, the Ultra Festival seriously
degrades the quality of life for the downtown residents. In my over 30 years in
environmental noise testing and measurement, this was by far the most intense music
source of all, by orders of magnitude. We measured up to 119 dB (decibel) for base
at 50 Biscayne. For human hearing, we measured in the 90s to 104 at 50 Biscayne.
To give this experience a concrete analogy, this is like having boom box cars parked
and running and blasting music in your living room and in your bedroom, with a
power saw operating simultaneously, all day and into the night. In terms of
community acceptance, standard soundscape science principles state that any sound
source, even at a low level, must be consistent for people within the context of their
living situation, and the meaning that it may have to their lives. The Ultra Festival is
completely out of place and inconsistent within the Miami residential community. In
terms of physical effects of the intruding Ultra sound levels on the people that are
exposed, we can describe them in terms of going from lower to higher sound levels.
Even at lower levels from Ultra, this highly disturbing noise can cause serious
annoyance. Ultra is far above the widespread annoyance and complaints noise level
that's been established for many years. The next step in sound level are
physiological effects, such as stress, sleep deprivation, hypertension, cardiovascular
disease, and ischemic heart disease. And again, by World Health Organization's
standard, noise from Ultra is way over the limit for negative health effects. Next up
in level are the noise levels from Ultra at the residence that can cause hearing
damage. The measured Ultra sound levels at the residences can cause hearing
damage in just a little over an hour of exposure, so that could be an hour over three
or four days when they're doing sound tests, even. And finally, the measured Ultra
sound levels are shown to be well above the criteria for sound -induced vibrations in
building structures, established by NASA (National Aeronautics and Space
Administration), for damage to dwellings due to noise from rocket launches. So at
least minor building damage can occur due to the Ultra Noise Festival -- Ultra
Festival noise. And consistent with those observations are the ones made at 50
Biscayne. It showed the building shaking, and noise -induced vibrations to windows,
blinds, and other building features, such as light futures. So based on the objective
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evidence, we can say the Ultra Festival is truly an acoustical bombardment and a
sonic assault on the Miami residential community. Thank you for your attention.
Vice Chair Russell: Thank you.
Albert Berdellans: Mr. Chairman, just a point of order. With the indulgence that
was granted to the sound expert here provided by the residents, we would like the
same indulgence for our sound expert, Mr. Norm Dotti, with your permission.
Vice Chair Russell: I don't know who granted him that. I'll let the Chairman handle
it.
Chair Hardemon: Can you repeat that, please?
Mr. Berdellans: Yes, sir. The previous gentleman, the sound expert, was granted
four minutes to speak. We would appreciate and respectfully request the same
indulgence for our sound expert that we have to give a contrasting opinion today.
Thank you.
Todd B. Hannon (City Clerk): Chair, ifI could get the speaker's name?
Norman Dotti: Good morning. I'm Norman Dotti, from Russell Acoustics. I'm a
consulting acoustical engineer, and I've been doing that for 47 years. Regarding
what you just heard, while I would have to say that I agree with many of the things
that Mr. Brooks did, at least as far as his measurements go, I take great exception to
the interpretation that has been put on them, and I respectfully suggest that when you
read his report, you also look at our report, and you consider what I have to call
"the cherry picking" that has been done. In particular, I'm concerned about the
statement about vibration. That's a small part of the report, but in my opinion, it
leaves people with the feeling that the building is going to collapse. A building
vibrates if there -- the building would be vibrating if there was no music, whatsoever,
from any of the different sources at the park; traffic noise does it. Wind causes
buildings to vibrate to the point where I've seen it cause elevators to bind up in
shafts. If vibration -- if the -- if there was noise -induced vibration of any
significance, I would ask, "Why wasn't it measured?" because it certainly can be,
and it's not difficult to do at all. "A " the report mentions and Mr. Brooks just
mentioned a NASA study. What neither one bothers to point out is that NASA study -
- and I'm very familiar with it, because I do a lot of work with low -frequency noise --
"A," is based on windmills, wind turbulence; and "B " looked at single-family
wooden structures. 50 Biscayne is not a single-family wooden structure. You com --
to say you're comparing apples and oranges is an understatement. The sound
comparisons that are made take the top 1 percent of the sound levels produced
during the festival that were measured -- top 1 percent -- and compares them to the
bottom 10 percent of the ambient sound; the sound when there's no music going on --
and then looks at the difference between them, and concludes from that that that
difference is just absolutely egregious. As it turns out, about a year ago, I did a
multi -day noise study over by the Children's Museum, by the park across the water,
and at several of the tall condominium towers that are right in that area. If you --
and that was just ambient. That wasn't a festival, anything like that. If you compare
the bottom 10 percent of those ambient measurements in the park itself to the top 1
percent of the measurements in the park -- again, with nothing out of the ordinary
taking place -- you find differences that are comparable to and fall into the range of
what has just been called -- I'll characterize it as "terrible. " The HUD (Department
of Housing and Urban Development) so-called standard -- there are many, many
different standards or guidelines for noise around the world. You can go shopping
to find a standard to support what you want to believe. Earlier this morning, we
heard references to the Soviets and the Russians. The Russians are notorious at
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conning up with various standards for the workplace on noise and environmental and
the sort -- only problem is, "A " they don't enforce them; and "B " you couldn't get
anything done with those standards. The background sound levels in Miami and in
other big cities and in -- I took some data after I read the report from a study I did in
New York City of just general ambient sounds -- well exceed those HUD,
quote/unquote, standards. You simply can't have a city with traffic and all the
activities that go on that's quiet. I saw no mention of the HUD standards, FAA
(Federal Aviation Administration), or DOT (Department of Transportation)
standards. There is a national guideline, if not standard, for housing noise. HUD,
Housing and Urban Development, uses a measure of what's called the day/night
sound level, long term; same one that HUD use -- I'm sorry -- that FAA uses; same
one the Department of Transportation uses for traffic noise.
Chair Hardemon: Sir --
Mr. Dotti: No mention of that.
Chair Hardemon: -- your time has expired. When we address the item, if we need to
hear further from you, the members of the City Commission can ask of your input.
But as of right now, the public comment period, your time has expired.
Mr. Dotti: Thank you.
Chair Hardemon: Thank you very much, sir. Sir, you're recognized.
Robert Hill: Good morning, Commissioners. My name is Robert Hill. I'm the
General Manager at the InterContinental Miami, downtown, located right next to
Bayfront Park, and to the Ultra Festival. Today I speak in support of the Ultra
Music Festival, as a major economic impact on businesses in the downtown
community. We employ almost 600 employees. The weekend of Ultra is the busiest
financial impact weekend for the InterContinental Miami, and the hotel community,
restaurants and retail, in downtown, which also generates significant hotel tourism
dollars that provide infrastructure resources to the City of Miami. An event like
Ultra doesn't just impact that one weekend economically; it impacts tourism on 52
weeks of the year by the exposure that it gives globally of what Miami is as a city
and why people come here to visit and continue to pay tourism dollars, which
continue to help us to pay less taxes here in the State of Florida. Working with Ultra
over the last number years, I've found them to be very open. They've worked to keep
parts of the park open; the children's playground area and other areas of the park;
and particularly, working with Rey Martinez, who they've brought on to manage the
logistics and the security of the operation. He has done a phenomenal job, and
continues to make it even a better festival, a smoother operation on the weekends,
and we would continue with the Hotel Association's support to support Ultra
continuing in Bayfront Parkin downtown. Thank you.
Chair Hardemon: Thank you, sir.
Vice Chair Russell: Mr. Hill, thank you for coming today. And I do understand
where you're coming from with regard to the financial impact to the hotel. Just out
of curiosity, do you also have guests at the same time who come, not for Ultra, that
may be surprised and not realize what they're getting into, and how does the hotel
deal with that or mitigate that?
Mr. Hill: The majority of guests that come that weekend to the hotel -- we set it up
as a special event, so we do notes guests that there is a special event, Ultra Music
Festival going on, and guests choose if they come. There's --
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Vice Chair Russell: They know what they're getting into.
Mr. Hill: -- very few guests choose to conte unless they're coming to downtown for
Ultra.
Vice Chair Russell: Understood. Thank you.
Chair Hardemon: Thank you, sir.
Mr. Hill: Thank you.
Carmine Sorrentino: Hi. Good morning. My name is Carmine Sorrentino. I been
working in downtown at Southeast Financial Building, former Wachovia Building,
since 2008. I'm a resident at 50 Biscayne since 2013. Things I want to say is, you
know, since -- it's -- the thing is strange here about the Ultra is -- the first things I
want to comment is that we are here to avoid the Ultra continuing to destroy our
beautiful park and our life in downtown. I have been working in downtown, and
practically, the Friday of the Ultra, we need to let people work from home, because
they cannot come to the office. I heard about the noise, 10 percent, less percent,
(UNINTELLIGIBLE) the house and so on, but I can tell that you cannot stay in the
office. When I leave the office, I cannot stay in my apartment for the noise. But the
things I'm living with, we are here to avoid the Ultra that's in Bayfront Park. They
have a nice logo, and they say that Miami is Ultra, Ultra is Miami. I agree with
them. I'm sure they can found another places in Miami to organize the event with
beautiful organizational machine that they have. But the park, as we can see,
because we have the result on our end, has practically been destroyed every year for
three days a year, and close like three months, four months a year. Like, you destroy
the park every year, and we -- you start to rebuild, and never become the same. So
the park is going in this way. The residential area of downtown, due to the Ultra;
also, the value of the property is going down. And I don't understand why we need to
allow this as a city since, as I remember -- I come from Europe originally. I never
saw or participate in the past an event like Ultra. I never saw an event like Ultra be
organized in a park that should be the heart and the lines of the City. So I don't
understand why we allow to have a park in middle of the street, or close the park
three months. So I suggest you Commissioners to vote "no, " and to stop for the
health of Miami and Miami downtown this thing, okay?
Chair Hardemon: Thank you, sir.
Mr. Sorrentino: Thank you.
Chair Hardemon: You're recognized, ma'am.
Rebecca Yu: Hello. Hi. My name is Rebecca Yu. I'm a resident of 50 Biscayne. I
moved to Miami five years ago from California. I moved here because I love the
lush green and the blue, warm water. However, during Ultra, during the
preparation time, we find construction nails, dirt, and giant machines in our park,
and my dog think it's a alien invasion happening right in front of us. And during
Ultra, we are often waking up at -- very early Saturday morning, doing a sound test.
Then during a concert, we cannot go to sleep until way after -- past midnight,
because the concert doesn't end until midnight. My dishes in my cabinet vibrates
because of the noise level. I know the gentleman has all kind of data saying it's okay
for health reasons. It's not okay. My dishes are not supposed to vibrate. And also, I
have to -- my dog is shaking constantly during the Ultra Festival. I have to drug
him, and those drug is meant for thunders. Can you imagine having thunders 12
hours a day, and three days, constantly? And during Ultra, we cannot get in or out
of our driveways; they're blocked. Our building is fenced in. We feel like prisoners
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in our own residence. And after Ultra, for months and months, the park is brown.
It's -- this reminds me of a city in California with water rationing. It reminds me of a
city being torched in California by wildfires. This is not what Miami wants to
attract. Talk about tourists, we have thousands and thousands of tourists coming
from the cruise lines. They come -- they -- the condition of the park is not what they
want to bring home with. They come here for many months. I'm sure if you add up
all the tourists from the cruise lines, they're probably more than what Ultra brings,
but --
Chair Hardemon: Thank you very much.
Ms. Yu: -- they come into the park. So we're not against Ultra; we're just against
Ultra in Bayfront Park.
Chair Hardemon: Thank you so much.
Ms. Yu: Thank you.
Chair Hardemon: You're recognized, ma'am.
Oessya Ban: Good morning. My name is Oessya Ban. I am a resident of 50
Biscayne in Miami, downtown. I live in Miami downtown already five years, and
since then, every year, Ultra is getting louder and louder. And, of course, I see it
more even dangerous. It's not only at the time of the Ultra, but also after, months
after it happen, because I have a son and a dog, and we like to spend a lot of times at
the park. And there were times where -- when I was walking in the park, and I found
needles from injections and pills, and I know it can be dangerous as far -- like for the
dog and for kids. And a lot of other things I don't want to say, but exactly -- other
years, I didn't see it, but this year, it was very -- too much. And if not talk -- only
talking about the park, but also around the park in downtown area, there were
happening things that people were just breaking bottles on the street. And at the
same time, I was walking my dog, and she got her paws in this glass. It's also getting
dangerous. Seems like they close the park for three, four months, but after another
half year the time they replace the grass, it's still dangerous to go in the park with
children [sic] and with pets. So I see the park is not that safe that you would like,
like families, and for them, I'm asking for the safety of the park to vote "no" for the
Ultra in downtown Miami. Thank you.
Chair Hardemon: Thank you. Sir.
Mark Call: Hi there. I've owned a unit at 50 Biscayne Condo for 10 years. I pay
$1, 000 a month taxes, and I'm not happy, because I can't live in my apartment for
three months during the Ultra Fest construction/reconstruction season. This past
Ultra Fest, my grandkids came down for the school break 10 days. After one day, I
had to go to Disney World during the school break for 10 days, just to get away from
Ultra Fest, and that was much better than being at home, I'll tell you that. Kids go
back to Chicago. After one or two days, I can't take it anymore. My wife is driving
me crazy; I'm driving her crazy. I have to go back to Boston. It's cold, it's rainy,
snowy, it's dark. I'm sitting up there, saying, "Oh, I'm paying a thousand dollars a
month for a great condo down in Miami. What the heck am I doing up in Boston?"
It's a refuge, okay? There's no choice. You can't live in that apartment during the
three months of Ultra Fest supersonic season. And it's a joke about the acoustic
codes and regulations. You call up City Hall. "Hey, the acoustics is crazy here. "
"Well, we don't have a Code Enforcement officer that works past 6 o'clock. " "Oh,
okay. I guess that's great, too. " So I'm in my apartment with the shades shut, the
blinds closed, and in defense, I got a hose sound system that I crank up as loud as I
can. I can't get it higher than Ultra Fest, okay? I feel so guilty having my sound
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system so high. I might be disturbing the neighbors. Then I'm saying, "This is crazy.
It's complete chaos. " And to finish up, I've got a lot of money invested in that condo.
And being a savvy real estate investor who invested on spec, you know, a couple of
months before the crash of 2008, I at least hope that my real estate investment --
maybe gain a little money; hopefully not lose money. I was shocked. During Ultra
Fest, I'm in the elevator, going up. There's a bunch of young kids -- I'd say 20 years
old. One of them says to me -- not to me, but to the group -- said, "I'm not renewing
my lease in December. I can't take it anymore. " And then I just felt $10, 000 off of
my condominium going down in value, and probably 10,000 of all the other 500
units in the building. No one's happy. And no one's against Ultra Fest. I don't even
really mind the Ultra Fest three days. It's the three months of -- I got to go back to
Boston in the middle of winter. And thank you for listening to my story. I feel like
I've got my thousand dollars a month relief here. Thank you very much.
Mr. Hannon: Vice Chair, can I get the speaker's name; the speaker's name, sir? Sir,
your name?
Ms. Mendez: Your name.
Commissioner Gort: Name and address.
Mr. Call: Mark, M -A -R -K, with a "K"; and GA -L -L, Call.
Maria Martinez: Ready? Hi. My name is Maria Martinez, and we are a downtown
resident, my family and I, since 2005. And by the way, Ultra was not in Bayfront
Park in 2005, as I heard some people outside saying we should have known. It was
not in Bayfront Park. It was in a piece of ground all the way -- right next to the -- up
by Museum Park, where there was dirt. It was -- you guys know.
Ms. Mendez: Bicentennial.
Ms. Martinez: It --
Ms. Mendez: Bicentennial?
Ms. Martinez: -- was in --
Ms. Mendez: Bicentennial Park?
Ms. Martinez: -- Bicentennial, correct. It was in Bicentennial, which has now been
changed. So it was totally different, absolutely different. I am President of 50
Biscayne Condominium. I represent personally five votes. I would like to know how
many people here dressed in black and supporting Ultra are voters in that area. I
represent five voters: My parents, two; my -- our adult children, two; and myself,
one. My husband's here; he can speak for himself. Our two grandchildren who are
bussed from school -- we have a 14 -year-old and a seven-year-old -- have a problem
being bussed. Sometimes it takes them two hours from the time they leave their
school to the time they arrive, because they cannot get around traffic. One of them is
only seven. I have a one -year-old granddaughter that -- she goes to the park; can't
go to the park. I also speak for the pets, and all of which -- we cannot live normal
lives. My parents cannot go in their wheelchair and in their walker, walking around
during this time; aside from -- our building is right there, so, you know, we're shut
down -- almost shut down. We came out in numbers, which says, "Save Bayfront
Park, " to show that voters in downtown and in Brickell -- because some people are
from Brickell --and not just 50 Biscayne. We were out there. There are people from
all over the corridor, up -- One Miami, Met One, Epic, and in the Brickell area.
How many voters are here and can say the same? How many people are here and
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can say the sante; they represent an "X" number of votes? I personally represent
five. Please vote "no" for all five of us. Thank you very much. Have a great day,
and thank you for listening to us.
Phillipe de Martos: Hello. Good morning. My name is Phillipe de Martos. I'm a
resident and I work in downtown. We've -- I'll be very brief. We've all heard how
disruptive it is; not only during the event, but after and before. I have a daughter
who also studies in the area. She's unable to go for the parkfor along period of --a
large amount of time. And we're -- I'm just asking to vote "no "for Ultra. Thank you
very much.
Kimberly Diamant: Hi. My name is Kimberly Diamant. I live at 1040 Biscayne
Boulevard. I've been living there since 2007, and I was there when Ultra was doing
their music in front. And Bicentennial Park has been playing music since I've been
there. They have an outdoor arena, outdoor theater, outdoor stadium, they're
playing live music, and we all know about it. And that's the thing about Miami.
Miami is built around music, entertainment; it's a capital. We don't want to dispert
[sic] all kind of developers from coming here by being Sweetwater; we're not
Sweetwater. We're Miami, and we're downtown Miami. We have a woman dancing
on a building. I pay $56, 000 in taxes, and I represent seven people who live at 10
Museum Park, and I don't hear the bass. 12 o'clock at night is fine; 2 o'clock in the
morning, no. Think of all the jobs. We have 156 -- 1, 556 jobs. We have 825 million
in impact. You want to bring that to Broward County or you want to keep it with us?
Let's think about it. Three of my friends closed their restaurant this summer -- three
-- because they can't keep open -- 900. I spoke to someone from your group, and
they're from South Beach. They told me we should do better marketing. Better
marketing, really? We've been trying; we've been trying really hard these last 10
years to do better marketing. It's really not fair. I can't be from South Beach and
say, "Oh, yeah, you don't do good marketing; that's why your restaurants are closing
down." Our restaurants are closing down because we don't have enough people.
We make our money during Ultra. All those little restaurants are going to close;
they can't stay open. How many times have you seen restaurants close and open at
Marquis and 900? Why? Because we don't have the people; not yet, but we're
growing. We're going to grow and we're going to get better. I say keep Ultra till 12
o'clock. Let them stay. They're only there three days. And we have Bicentennial
Park. They have yoga. It's empty. I'm there every day with my dogs, and I go
roller-skating. I'm telling you, it's empty. And there's no drugs. Before Ultra,
people were eating each other's faces in the street on the corner. My property value
was 2 million; today, it's 6 million. So I don't know what they're talking about, but I
live there. I live right in front of Bicentennial Park, and I've been therefor 10 years,
and I think Ultra's fine, it's safe. I raised my kids there, and all my kids have
volunteered at Ultra. So I don't think that there's any reason to stop Ultra. Let them
stay till 12. Thank you.
Chair Hardemon: Thank you. Sir, you're recognized.
Eugene Walton: Good morning, Commissioners. My name is Eugene Walton. I live
at 900 Biscayne. The proponents of Ultra would have us believe that for an Ultra
concert to be successful, it has to be downtown. Let's go on a world tour for
examples of Ultra concert locations that are not downtown. Mexico City: Wildly
successful concert in 2017/18. It's been held at the Elora Pegaso, which is a
business park 25 minutes from Central Mexico City; 100 acres, lots of parking, and
it disturbs no one. Poljud Stadium; Split, Croatia: Again, a very successful venue.
This is a stadium with a partial dome to control sound, built for sports crowds of
35, 000, floodlights already there, and the security staff is used to controlling crowds.
It works beautifully for Ultra, and it disturbs no one. Jamsil Olympic Stadium;
Seoul, Korea: 69, 000 -seat capacity; huge sports park, built for crowds, with crowd
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control. Again, partial roof coverage for weather and sound deflection, and control;
works very well, and it bothers no one. Fourth and final, Ultra Park Singapore:
40,000 crowd capacity. This location sits away from the Central Business District,
adjacent to marina basin and Convention Park. Again, this venue is set up for large
crowds, to be managed efficiently, with no disruption to the Central Business
District, disturbs no one. In Miami, we have several great alternatives that we can
use to be the central -- the same situation as these three other cities around the
world. Virginia Key: Acres of parking, allowing ample stage setup, parking and
comfortable crowd control. Marlins Park: Already geared up for large crowds,
covered for weather and sound control, minimal setup and takedown of stages, no
disruption to anyone, and accessible to mass transit. Hard Rock Stadium: Rolling
Loud went there last year; an even better location with many access -- many acres of
parking, partial roof coverage for sound control and a track record for concerts. So,
Commissioners, in closing, don't believe the Ultra myth that to be successful, the
event has to be downtown where it dislocates and upsets the physical and physically
damages so my residents; yes, your residents that you promised to protect. Vote
"no" on the Ultra contract, please. Thankyou.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Katia Garoche: Hi. My name is Katia Garoche, and I live at 10 Museum Park.
Ultra is actually one of my best memories as a teen. It used to be actually back in
Centennial Park, right across from where I live at the 10 Museum, and I've never
had an issue with the vibration or the sound, like it -- our building is pretty
soundproof when you close the windows, and I've never had an issue. And it was
kind of pretty sad when they moved a little bit further from me, because I could -- I
used to be able to see it being built. And anyhow, a lot of my friends internationally
that live like in Spain or in France, or around the world come to Miami in March for
Ultra, and it's going to be a shame for all these people to stop coming to Miami,
because they don't really have a reason to anymore. And I just feel like it's just, you
know, a really beautiful event for three days, and I don't see how this building issue
is really a problem, because I myself lived across from it back in the days, and I
don't really understand where this is coming from. So anyways, thank you.
Chair Hardemon: Thank you. Sir.
Michael Stark: Hi. My name is Michael Stark. I live at One Miami, and I moved
there in 2010; at which time Ultra -- it was not in Bayfront Park. It was in what was
then called Bicentennial Park. And since it's moved to Miami -- since it's moved to
its new location, it's -- I have to -- I do fee from my own apartment for three days
every year, and it's a negative impact, and it's more the amount of time it takes for
them to set up and close the park. And also, the noise -- and the noise -- I'm from the
-- it is -- I can't stay in my own apartment. I have to go out of Miami. So I ask that
you vote "no" on Ultra.
Annette Canning: Hi.
Chair Hardemon: You're recognized, ma'am.
Ms. Canning: My name is Annette Canning, and I have a business down in the
Health District, and Ultra is actually part of the reason why I moved here. Ultra
brought me here three years ago. And I came -- I visited prior to that. I've been
coming to Ultra for seven years, and Ultra was part of the reason, because Ultra is
Miami to me. And so, I wanted to be in the heart of Miami with everything that Ultra
had -- Ultra is -- when you go there -- if you haven't been there, you should go,
because it is all about love. Everything is very open, very friendly. They are so
organized there. I have never been -- I've been to rock concerts where it's terrible,
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but at Ultra, everything has been very organized, very, very fun. It's so much fun
that I have my children come. My daughter and her fiance are going to come down
this year, and I hope I can tell them they are going to be in Miami. My son is going
to come from Oregon. My daughter is in Michigan. I've met people at Ultra from
Seoul, from Japan, from -- all over the world. And if it wasn't for them coming to -- I
ask them, "Have you been to Miami before?" "No. I'm here because of Ultra";
that's why they come here, is for Ultra. So the only thing I'm asking is that you vote
"yes, " to keep Ultra in Bayfront Park. And that's it. Thank you.
Chair Hardemon: Thank you. You're recognized.
Julianne Byun: Hi. My name is Julianne Byun. I'm also a resident of downtown
Miami at 350 South Miami Ave. I walk to Ultra every year. I'm also a voter. I also
work downtown. I'm a full-time yoga teacher, and every year, we see a spike of
people coming into the studio or to the park classes. I actually teach at Museum
Park, at Bayfront. It's a wonderful time when people from all over the world get to
connect, not only over music, but shared passions outside of that; whether it's good
food that the City has to offer or activities outside under the sun that they don't get to
enjoy elsewhere, yeah. For me, it's a gathering of all different nationalities from all
over the world, gathering to listen to music that they really enjoy, and there's a
magic around it that can't really be recreated elsewhere, I think. You know, there's
something to be said about dancing, watching fireworks go off over the bay, and then
seeing the skyline on the other side. And with any production like that, and creating
any sort of magic like that, I believe that, yeah, there's going to be sacrifices that
need to be made, but it's for -- what? -- three days; a week of prep, a week of
breakdown. The park returns to normal, week after, and the City reaps multiple
benefits from it. So for me, it's -- it just adds to the magic of what the City has to
offer. And I've had some of my best memories therefor the past eight years. And so,
I ask you to vote "yes. " Vote 'yes " to keeping the magic alive for all of us.
Chair Hardemon: Thank you.
Diana Neber: Good morning, Chairman, Commissioners. My name is Diana Neber.
My husband and I own a boat company, Contender Boats, and I feel that Ultra
creates a big economic impact here in Miami. Ultra is Miami; Miami is Ultra. It
may cause a minor disruption a couple days here, a couple days there; it's music, it's
loud; traffic is amazingly controlled, crowds are controlled; people are peaceful,
friendly; it's fun. We've been going for many, many years. My children have grown
up going to Ultra, coming downtown, and I just think it's a wonderful venue; that
they should keep Ultra here in Miami, downtown. Please vote "yes" for Ultra.
Thank you.
Chair Hardemon: Thank you. Sir.
Michael Zoyes: My name is Michael Zoyes. I work for Bicardi's Rum Bum Film and
HD Studios in downtown Miami for the last 10 years. I live in downtown Miami for
the last 11 years. I've had an office as an independent filmmaker since before I
worked at the company I work now. I had an office at the DuPont Plaza since 2001,
and I'd like to remind people about the economy back then in downtown Miami,
when there was -- it was rough times, really, you know. And I got to tell you, one of
the big things that all of the store owners and business owners in downtown Miami
looked forward to back then is Ultra Fest coming to downtown, because it brought,
you know, plenty of, you know, cash for everybody. And, you know, I got to tell you,
Ultra Fest really did help build the City, and without it, you know, we might not all
be the same -- in the same place right now, you know. And, you know, vote "yes" for
Ultra. I got to tell, we're all big supporters, and they've helped the entire community
along the way. Thank you.
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Chair Hardemon: Thank you. Sir.
Carlos Liverani: Good morning, Commissioners. My name is Carlos Liverani. I'd
like to start off by thanking you for your time and service to the public. Also, thank
you for hosting this public forum to allow me, as a resident of downtown Miami, to
voice my opinion. The City of Miami is known as "the City of Magic. " Everyone has
their beliefs on what makes Miami magical. But for me, the most magical thing is its
status as a global city. Miami is a city whose culture was built by immigrants from
all over the world. I'm a Venezuelan immigrant myself. I moved here to South
Florida seeking a new home that would accept me and allow me to contribute. I
ended up staying close to home, and attended the University of Miami for five years,
where I attended Ultra Music Festival every year. I am proud to live and contribute
to the global city that took me in. I am now the co-founder and CEO of my own
technology startup, and I believe -- and I benefit greatly from the diversified labor
force that comes to Miami. This has led to Miami being the number -one
metropolitan area in startups activity in the country, as ranked by the Kauffman
Index. The reason people decide to move to Miami is because of its reputation of
such an accepted and diverse city. Before people desire to move to Miami, they visit
our city and they fall in love with what they see; just like my family did 18 years ago.
According to the Tourism Bureau, over 16 million overnight tourists visited Miami
and spend collectively $26 billion. That accounts for over 23 percent of our
economy. Miami is a city that welcomes tourists with open arms, because we are
proud of our culture, and we would like to showcase that to the world. From vibrant
beaches and wildlife to the stunning art exhibits in Wynwood to the remarkable
professional sports teams in Miami, and the major academic and industry
conferences, we are a city that thrives off events and gatherings. Ultra Music
Festival is something the City of Miami should be proud of. It was started by local
Miami entrepreneurs and became the premier music festival in the world, with
locations in over 20 countries, and none of that would have been possible without
Bayfront Park. The purpose of parks is to provide an open area for human
enjoyment and recreation. Bayfront Park succeeds in achieving this goal, as any
given day, you can see hundreds of people using it for their enjoyment. The 115 plus
events that the park holds annually are a great source of enjoyment for tourists and
residents, alike. So personally, I'm a little confused at what we are trying to save
Bayfront Park from.
Chair Hardemon: Thank you, sir. Your time has expired.
Mr. Liverani: Thank you.
Chair Hardemon: Ma'am.
Deborah Langone: Good morning. My name is Deborah Langone. I work with
Marriott International. I've worked for Marriott for the last eight years here in
Miami, so just here to support Ultra at Bayfront Park; just -- it brings the City, our
hotels, our restaurants, and the whole entire area just great economy impact. Thank
you.
Chair Hardemon: Thank you, ma'am. Sir, you're recognized.
Steve Cakor: Good morning. My name is Steve Cakor. I reside at Carbonell, so I'm
going to change the location a little bit to remove ourselves from downtown. I'm
also representing many tenants who live not only in Carbonell, but in Asia and Icon.
I moved to Carbonell about 12 years ago. I never heard the noise from Ultra. But
about five years ago, it became intolerable to the point that I am forced, like many
others, to leave when Ultra -- when the Ultra event takes place. The irony is that
hurricanes don't force me to evacuate my home; Ultra does. I also have to close my
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business, which is on 141 Northeast 3rd Avenue. My wife also operates her
respective business downtown in the sante location, and we close our business fully
at that time. It may surprise you, and I -- it shouldn't surprise you that in addition to
that, there are many companies downtown who send their employees home early on
Friday, if they even come in on Friday; many of the banks close early. So there's a
lot of disruption that takes place as a result of Ultra. So I implore you to use wisdom
and to check your values as it aligns with your primary responsibility to do what's
right for the residents in the area. Vote "no, "please. Thank you.
Chair Hardemon: Thank you, sir. Sir, you have a public comment? I'm not going to
allow -- this is not a time for questions. If you have a question, we could do it off the
record. This is public comment time.
Mr. Dubbin: Yes.
Chair Hardemon: Public comment, two minutes.
Mr. Dubbin: Is there any chance I could get a little more than that? I represent the
residents here, and there are serious legal questions that we've presented.
Chair Hardemon: Public comment, two minutes.
Mr. Dubbin: Would I get the chance to speak when the Ultra matter comes up as a -
-7
Chair Hardemon: That is a different story.
Mr. Dubbin: Okay. Well then, let me --
Chair Hardemon: You may -- if we want to ask questions of you and things like that
Mr. Dubbin: Yes. I have a public comment, and --
Chair Hardemon: Two minutes.
Mr. Dubbin: Ultra, I think we can all concede, is big business. It's big business for
Ultra and for a lot of other people. The problem with the agreement that is before
you is that it's illegal; it violates the Charter of the City of Miami. And you, as
members of the Commission, are duty bound. You have sworn to uphold the Charter
of the City. Section 29-A requires for any conveyance or disposition of any interest,
including any leasehold, in real property owned by the City, there has to be
competitive bidding; that's 29-A. 29-B says the City Commission is prohibited from
favorably considering any sale or lease of property by the City unless there is a
return of fair market value and unless you conduct competitive bidding. And Section
3-F(i) also requires fair return and competitive bidding and appraisals. Now, in the
Homestead Speedway case, the City entered into a contract with a racing company
to let races take place in Bayfront Park. And a competitor sued and said, "That's
covered by the Charter. You are required to have that competitively bid. " The City
argued, "No. This is a license, not a lease. " The Third District Court of Appeal
said, "This is a lease, " and that was for three days, where the racing company had
the opp -- had the right of notice and an opportunity to cure. The Ultra contract is a
lease for at least 30 days, if not more. There -- they have the right to notice and an
opportunity to cure. And under the law of the Homestead Speedway case, that is a
lease. The Third District in that case said, "That contract is invalid. You have to go
back and competitively bid it, but you cannot enforce it. " Now, the City Attorney's
Office has made the argument -- which is completely bogus -- that this is a license
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and not a lease. That flies in the face of the law of the Third District Court of
Appeal. So you, as Commissioners, need to be on notice that you are prohibited by
your Charter from favorably considering this agreement, which is a lease of public
land, without following the tenets of the Charter. And I would be happy to have a
discussion with this in more detail with the City Attorney. I was told by the staff here
that the Charter doesn't apply, because it's the Bayfront Park Management Trust.
Now the problem with that argument is twofold.
Chair Hardemon: Thank you, sir.
Mr. Dubbin: The --
Chair Hardemon: Your time has expired.
Mr. Dubbin: Well, it's --
Chair Hardemon: Your time has expired.
Mr. Dubbin: -- the Charter does not exempt this property, so --
Chair Hardemon: Your time has expired.
Mr. Dubbin: -- you have the legal obli --
Chair Hardemon: Thank you very much for your public comment. Seeing that the
line has dissipated from outside, everyone who is outside that was in line had an
opportunity to speak. I'm closing public comment. Okay, let's try to get some
business taken care of before we move into more substantive issues.
Ms. Mendez: Chairman, Chairman, really we quickly. Mr. Dubbin says that he's
entering stuff into the record over there --
Chair Hardemon: Let's just --listen --
Ms. Mendez: --just so that he can have it --
Chair Hardemon: -- don't --
Ms. Mendez: -- on the record.
Chair Hardemon: That's fine, that's fine.
Mr. Dubbin: Thankyou.
Ms. Mendez: Thank you.
iv, 1Ydiv, rMelZUILVAto] �,I
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the
City Clerk as the first substantive item(s) for City Commission consideration.)
NO MAYORAL VETOES
Chair Hardemon: Are there any mayoral vetoes?
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City Commission Meeting Minutes September 27, 2018
ORDER OF THE DAY
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
END OF MAYORAL VETOES
Chair Hardemon: We will now begin the regular meeting, and the City Attorney will
start [sic] the procedures to be followed during this meeting.
Victoria Mendez (City Attorney): Good morning. 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 the 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 -- one moment. I took the -- sorry,
Commissioner. A copy of the Code section about lobbyists is available in the City
Clerk's Office and online on wwwmunicode. com [sic]. Any person making a
presentation, formal request, or petition to the City Commission concerning real
property must make the appropriate disclosures required by the City Code. A copy of
this Code section is available in the City Clerk's Office or online at
wwwmunicode.com [sic]. 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
wwwmiamigov. com [sic]. Any person may be heard by the City Commission through
the Chair for not more than two minutes on any proposition before the City
Commission, unless modified by the Chair. If the proposition is being continued or
rescheduled, the opportunity to be heard may be at such later date before the City
Commission takes action on such proposition. The Chairman will advise the public
when the public maybe heard during the public comment portion. 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.
Anyone wishing to appeal any decision made by the City Commission for any matter
considered at the meeting may need a verbatim record of the item. A video of this
meeting may be requested at the Office of Communications or viewed online at
wwwmiamigov. com [sic]. No cell phones or other noise -making devices are
permitted in chambers; please silence those items 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 Commission chambers will be barred from further attending Commission
meetings and may be subject to arrest. No signs or placards shall be allowed in
Commission chambers. Any person with a disability requiring assistance, auxiliary
aids and services for this meeting may notify the City Clerk. The lunch recess will
begin at the conclusion of the deliberation of the agenda item being considered at
noon. The meeting will end either at the conclusion of the deliberation of the agenda
item being considered at 10 p.m. or at the conclusion of the regularly scheduled
agenda, whichever occurs first. Please note, Commissioners have generally been
briefed by City staff and the City Attorney on items on the agenda today. At this time,
the Administration will announce which items are being either withdrawn, deferred,
or substituted. Thank you.
Chair Hardemon: You're recognized, Mr. Manager.
Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice
Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time,
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City Commission Meeting Minutes September 27, 2018
the Administration would like to defer and/or withdraw the following items: PA.2 will
be deferred to the October 11 meeting. CA.6 will be deferred till the October 11
meeting.
Chair Hardemon: Can you do me a favor? Can you state the action first, and then
the item?
Mr. Gonzalez: I'm sorry, sir. PA.2 is a personal appearance by yours truly on our
electronic --
Chair Hardemon: No, no, no; the action that you're taking, so --
Mr. Gonzalez: Oh, yes, sir. I'm sorry.
Chair Hardemon: --if it'll be withdrawn, deferred.
Mr. Gonzalez: I'm sorry. To be deferred: PA.2, until October 11. To be deferred:
CA. 6.
Commissioner Gort: Second meeting of --
Mr. Gonzalez: The second meeting?
Commissioner Gort: -- October, yes.
Mr. Gonzalez: All right, sir. I stand corrected. To be indefinitely deferred: PH 4. To
be deferred to October 11: SR. 2. Too be withdrawn: FR. 1. And to be deferred:
DI.1. Planning & Zoning items will not be considered before 2 p.m. That having
been said, PZ. 15 through 29 -- I say again -- PZ. 15 through 29 will be con -- to be
continued; PZ.31 to be withdrawn, and PZ.32 to be deferred.
Todd B. Hannon (City Clerk): Excuse me, Chair. Mr. City Manager, DI1 is being
deferred to -- is that October 11 ?
Mr. Gonzalez: Yes, it is.
Mr. Hannon: Thank you, sir.
Vice Chair Russell: Mr. Manager, when you continue PZ. 15 through 29 -- although I
know it's not binding this morning -- which meeting does that put it toward?
Mr. Gonzalez: Sir, I be --
Vice Chair Russell: The intention was the October 11 meeting --
Mr. Gonzalez: Yes, sir.
Vice Chair Russell: -- so I believe that'd be a deferral, not a continuance.
Mr. Gonzalez: Yes, sir.
Vice Chair Russell: Thank you.
Chair Hardemon: Are there any other items? I'd like to also announce my intention
of deferring for 60 days to the next like meeting PZ. 12 and PZ. 13.
Vice Chair Russell: And 14.
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Chair Hardemon: And 14, correct.
Ms. Mendez: We'll address those PZ (Planning & Zoning) items officially at 2 p. in.
Chair Hardemon: Right. But I'd like a notice to be placed --
Ms. Mendez: Right.
Chair Hardemon: -- and contact to the interested parties so that they know.
Mr. Gonzalez: Yes, sir.
Chair Hardemon: All right. Is there a motion in accordance with what's been stated
on the record?
Vice Chair Russell: I'll move it.
Chair Hardemon: It's been properly moved.
Commissioner Gort: Second.
Chair Hardemon: Seconded. Any unreadiness? Hearing none, all in favor, say
aye. Py
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion shall carry. Give me one second while I
mark up my --
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lea»:�'%7kiFill We1>»e1:7e1ki[*]�'I
PA.1 PERSONAL APPEARANCE
4709 A PERSONAL APPEARANCE BY RONALD BOOK REGARDING
THE HOMELESS TRUST.
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: PRESENTED
Chair Hardemon: Mr. Book, I called you before and you weren't here. You're here
now. It's a crucial time, so I think we're going to be a little bit of a stickler on the
time, even though we love to hear you speak.
Commissioner Reyes: I thought he was going to be here in the morning.
Chair Hardemon: We love to hear you speak. All right. You have five minutes to
address the body.
Ronald Book: How much?
Chair Hardemon: Five.
Mr. Book: Five?
Chair Hardemon: Can you make it to shore in five? How much do you need?
Mr. Book: I probably need closer to 15, Mr. Chairman.
Chair Hardemon: We can't give you 15 at this time.
Mr. Book: Mr. Chairman, I'll do the best I can. We've got a PowerPoint. Whole
idea is to give you as much as I can in the short period, and then take any questions
you've got.
Chair Hardemon: I'll give you 10 minutes.
Mr. Book: I'll move through it. Thank you. Mr. Chairman, thank you. And for the
record, Ron Book, 18851 Northeast 29th Avenue, Suite 1010, Aventura, Florida
33180, in my capacity as Chairman of the Homeless Trust. And thank you, and
joining me today, I have Vicky Mallette, our Executive Director; Manny Zoraya, our
Deputy Executive Director, and Paul Imbrone, who is our Director of Landlord
Recruitment and Retention that is so much a focus of what we do. You know, we
started over 24 years ago. Commissioner Gort was there at the very beginning when
we began to implement the outcome of the Governor's Commission on Homelessness,
which became our 10 year plan to end homelessness. When we began, Mr.
Chairman and members of the Commission, we had a little over 8,000 people
unsheltered, living on our streets. We had homeless encampments throughout this
city, and the bulk of those 8, 000 street homeless -- unsheltered underlined -- were in
the geographic boundaries of the City of Miami. And at that time, we have fewer
than 1, 000 total beds, including beds and units of housing in our continuum. In the
20 plus years of our operations; while prior, we had no funding, no identified plan to
address the increasing problem. We had a loose -knit collection of social service
agencies, faith -based organizations serving the homelessness; no coordination, no
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defined leadership, no involvement of the business community until that plan came
about, and we implemented the statute, through County Commission Ordinance to
create the food and beverage tax; the first dedicated revenue stream of any
continuum in our country, and remains the only continuum in the country funded
with a food and beverage tax; which, while HUD (Department of Housing and
Urban Development) will tell you is not reason for their scoring and awarding of
dollars in the partnership with HUD, I can tell you that the 30 plus million dollars
we have continued to get from HUD, in our opinion, in large part, is about our local
community commitment by funding through the food and beverage tax; 85 percent of
which comes to the Homeless Trust; 15 percent of which goes to the Domestic
Violence Oversight Board, and it is collected in all restaurants in our County, other
than those on Miami Beach, Surfside and Bal Harbor, which I will come to, in
restaurants that gross $400,000 or more and have a liquor license. That community
plan to end homelessness, Priority Home, when we created the Homeless Trust, a
27 -person board, administering the 1 percent food and beverage tax, implementing
the homeless plan, the policy-making entity in our County, and the lead agency on
the continuum of care, and the implementation, and funder. Today, 24 and a half
years later, we don't have 8, 000 people living on our streets, unsheltered. Our
January count was 1, 030; our summer count, just completed three and a half weeks
ago, as I testified in front of the Federal judge just several days ago, 1,104. And I
remind you, while most people believe our winter count is a higher count, our
summer count has always, for the 20 years we've been counting, has always shown a
higher count. And while the 1,104, 665 or so in the geographic confines of the City
of Miami, that 1,104 is a decrease of 2 percent, year over year, from our August
count, with a total, including shelter, of 3,526, Commissioners; the lowest count in
the history of the Homeless Trust, and our partnership with the City of Miami. We
no longer have the large homeless encampments. Today, instead of the approximate
1, 000 units in our continuum, today we have over 8,600 beds and units of housing in
the continuum, which allows us to continue to reduce not only the street population,
but our sheltered population, as well, which must find housing. And we must -- we
simply must, if we're going to continue to meet the challenges of getting the balance
of the 665 or so on your streets, and the 1,104 on our County, overall, we have
simply got to find more units of housing. There's a reason Paul Imbrone, a former
executive of Macy's and Bloomingdale's, is working for us. He's working for us
because it's all about finding housing. We have funds to pay rent. We have a
mitigation fund for landlords, for formerly homeless, if they've moved out and caused
damage. But since we've had our mitigation fund, not one landlord has had to call
on our mitigation fund to repair damage to units. And for anybody in this audience
and for any of you on the dais and for any of your staff and for anybody listening to
the broadcast, 305-375-1490 if you have one unit, two units, five units, 10, we need
units of housing. We simply must empty our shelters and move them into permanent
housing, and whether that's permanent housing with a subsidy or permanent housing
without a subsidy, we need help. 65 percent of the unsheltered population, you've
already heard me reference, are on the streets of the City of Miami. The largest
percentage, Commissioners, Mr. Chairman, Mr. Mayor, Mr. Manager, the largest
percentage, somewhere between 67 and a half and 70, are the chronic. They're the
ones that our outreach teams, led by Sergio Torres and Lazaro, and the 21 teams
that come from this city have approached those on the streets over 25 times to come
off. They are shelter -resistant. We simply can't do it without greater implementation
and utilization of the Housing First Model, which has us put someone in housing,
turn over the keys to them, no commitment for drug testing, no commitment for
alcohol testing, no commitment to even take our services. But they will get a case
manager, and that case manager will knock on their doors multiple times a week to
continue to work with them to access our services. And here's what we know: The
only model in America that has proven effective to rid communities of home --
chronic homelessness is Housing First. And it costs us a lot of money; used to cost
us about $16, 000 a person, a year; it's now just over 17, 000. We are the toughest
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rental market in America. We're the highest rental cost market in America, but we
have money to spend for units, and we need units of housing.
Chair Hardemon: Two minutes.
Mr. Book: As we work to address the problem going forward, this is about closing
the front door and opening the back door, rapidly placing homeless people back into
housing. HUD will not continue to fund us, HUD will not continue to award us if we
don't move more people out of shelter and into permanent housing. It's not as
though we're going to stop our transitional completely, because we don't believe
within our model that works in our community. But HUD is not going to continue to
fund that. We've got to fund that from food and beverage tax revenue, and we simply
must, quote, "Prevent homelessness whenever possible, " to ensure that our
community -- and in particular, the City of Miami -- that homelessness is rare, brief,
and one time. And the reason that Secretary Carson and the administrators from the
VA (Veterans Administration) came to this community six weeks ago to announce the
--finally, after four years, finally declared the end of veteran homelessness. It was
because of the partnership with this City; it was because of the work of your
outreach teams we no longer have a veterans' homeless issue. But we must continue
to work to provide those veterans who will cycle into homelessness. We must
continue to work to make sure we have adequate housing available to quickly get
them off the streets. And we know that we've got an elderly problem,
Commissioners, Mr. Chair. We know that we have senior citizens that are sitting,
unfortunately, in our shelters for sometimes over a thousand days. That simply isn't
acceptable in this community. And so, while we can check the box, "veterans
ended, " and we can check the box, "We are working aggressively to end youth
homelessness within the next 12 to 18 months, " we must over the next year work to
find options for our seniors to get them out of shelters. And Mr. Chairman,
Commissioners, Mr. Manager, to you, we are desperately looking to buy a building.
We are desperately looking to buy an old drug treatment center, an old hotel/motel,
a multi -unit place where we can take and move 100 senior citizens, 150 senior
citizens out of shelter. I am desperate, we are desperate, our community is
desperate. And we have had a couple of properties identified to get taken out from
under us. We must solve our elderly problem, as well.
Chair Hardemon: Mr. Book --
Mr. Book: Chairman.
Chair Hardemon: -- your 10 minutes have expired.
Mr. Book: Let me try to wrap up, Mr. Chairman.
Chair Hardemon: I'm going to allow --
Mr. Book: I've got a couple of other points I just need to make --
Chair Hardemon: -- I'm going to --
Mr. Book: -- in your district, Mr. Chair.
Chair Hardemon: I want to allow if there are any questions, first, to you. Are there
any questions from the dais?
Commissioner Reyes: Yes, I have a bunch of questions.
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Mr. Book: Okay. If you'd give me two minutes to wrap. Specialized outreach: The
Lazarus Project. I remind you all that your Police Department encountered a
deranged individual in one of your parks almost two years ago, waving a broom,
threatening young children. They Tasered him. He died. He wasn't a part of
Project Lazarus, where we take the medical team to the streets and make sure that
those who have mental health issues are getting their psychotropic medicines. A
stable, chronic, mental health -oriented homeless individual; safer to himself or
herself, safer to the community, and a stable person is easier for our outreach teams
to get them off the streets. Through our work with South Florida Behavioral
Network -- Health Network -- our Operation Urban Core focus, back to do a Boot
Camp, the $50, 000 we just committed to housing and to -- because a day program
doesn't get it. You got to have services, and it's got to lead to housing. It can't be a
place for a shower, a meal, and out the door. You've got to transition them. Lastly, I
-- and there was more to say. I simply would say to you we know that there are
areas in the City that we have needed to target. And when we implemented Strike
Force: Urban Core, we took a 14 -block area in the City of Miami. We dedicated
units of housing, 90 units, over 100 beds, to focus over a 90 -day period that we
turned into 120 days, because we had such great success, and we moved people
permanently off the streets with that effort. While there is still a problem behind the
Macy's downtown, the problem is a fraction of what it was. We even got the 88 -
year -old woman who had been sitting -- laying -- behind Macy's for three years
reunited with her family in California. And we know that we've got a problem on
Northwest 1st and 2nd Avenues between 14th -- 13th, 14th, and 15th Street. That is
not a homeless encampment,- it is an opioid den, full of prostitution. You can't go
there and sit therefor five minutes without watching open sex on the streets and
drugs being traded, sold, and administered. And you almost can't go there any time
where somebody doesn't need a Narcan injection immediately. We had judges out to
the site Friday. This has been going on for a long period of time. We are working
with your Administration, we are working with your Police Department, we are
working with the Health Department. We got a Hep -A (Hepatitis A), we've got an
HIV (Human Immunodeficiency Virus) crisis. We've got a mess out there. You've
got an emergency ordinance that is going to be before you sometime today that helps
deal with the issue. And on Friday afternoon, there will be a meeting conducted with
a bank of judges and concerned individuals at the Justice Building downtown to
address this issue, because this is not a homeless issue. And while we are engaged
in helping to lead, with your staff directly involved, we cannot continue to allow that
place to be what it is right now. Thank you for your partnership.
Commissioner Reyes: Okay.
Mr. Book: I want to add -- because the question always comes up -- "What
percentage of the food and beverage tax is charged and comes from the geographic
confines of the City of Miami?" And while historically it has been in the 26 to 28
percent range, the last couple of years it is closer to 33 or 34 percent. And the
follow-up question we constantly get is, "What does the City get in return?" Ladies
and gentlemen, 66 percent of all of our placements; over $27 million, year in and
year out comes out of the confines -- the geographic confines of the City of Miami.
Mr. Chairman, thank you for your --
Vice Chair Russell: Mr. Chairman?
Mr. Book: -- allowing me some flexibility.
Chair Hardemon: I'm going to allow some questions, but I'll tell you that I don't
think we have the time to fully address the things that we need to --
Commissioner Reyes: Yes.
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Chair Hardemon: -- address with you this matter. And so, this may be more -- at a
different time, we have to come up, not as a public comment or during the public
comment; during a time where we have more time to talk about it. Ma'am, can you
make sure we all get a copy of this presentation, as well?
Unidentified Speaker: Yes.
Chair Hardemon: Okay, great. Vice Chairman, then Commissioner Reyes and
Commissioner Carollo.
Vice Chair Russell: Thank you, Mr. Chairman; and thank you, Mr. Book. You'll
remember two years ago at our first meeting and what we talked about; the need was
more housing, more units of housing to graduate those in shelter so that those on the
street could move into shelter.
Mr. Book: Yes, sir.
Vice Chair Russell: And I'm dedicated to finding that for you and with you. It took
two years for us to pass a bond, a general obligation bond, which includes $100
million of affordability. We are now figuring out what to do with that money. We
can build things, we can buy land, we can subsidize development, we can renovate,
we can subsidize rent. We would like to work with you and leverage this money,
because 100 million can disappear very quickly. We'd like to know what of the
Homeless Trust Funds we can work together with, and we can count on to build new
units of housing and get people into them.
Mr. Book: Chair, through you for a minute, in response. If you've never seen me
grovel, if the five of you have never seen me grovel, I'm happy to get on my knees
and beg for some of your hundred million, as I did at Miami -Dade when they
implemented their general obligation, and I begged for 25 million and got 15. And if
you want to know what 15 million will buy, I am happy to get in a car with you and
drive you to Homestead to look at Verde Gardens, where we built a 145 -unit
townhouse development for families. One member of the family must have a
disability. We built a 22 -acre farm and a farmer's market; that's what $15 million
will buy. We've learned a lot from that development, but I can tell you we need your
help; we cannot do it alone. We're out of that kind of money.
Vice Chair Russell: I was going to ask how much you were going to give us.
Commissioner Gort: Yeah, that's what I --
Mr. Book: Now you're talking --
Commissioner Gort: I was going to ask the same question.
Commissioner Reyes: I mean, you got all the time.
Mr. Book: We can talk, Commissioner.
Commissioner Gort: Right now I have a project taking place, and we're going to
need funds, so I'm going to get my people to talk to you.
Mr. Book: I need help.
Commissioner Reyes: I --
Commissioner Gort: No, no, we need help.
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Commissioner Reyes: If I may, could you please tell us, how much money are you
collecting? What is your budget, Mr. Book? What is your total budget? I don't
know -- you know, I'm a neophyte here, but I been hearing that you have about $85
million every year.
Mr. Book: That would be -- Mr. Chairman, through you. Commissioner Reyes, that
would be inaccurate. Our budget --
Commissioner Reyes: Accurate; $185 million you get every year.
Mr. Book: No, sir. Commissioner, Commissioner, no; that would be inaccurate. In
food and beverage tax revenues --
Commissioner Reyes: What do you get --about everything you get.
Mr. Book: My total budget is in the 60 range. It has swelled on a couple of
occasions to 62, 63.
Commissioner Reyes: Every year?
Mr. Book: It has never -- yes, sir.
Commissioner Reyes: How long have you been receiving that?
Mr. Book: Pardon me?
Commissioner Reyes: How long have you been receiving that?
Mr. Book: Mr. Chairman, it has -- our continuum has grown over the 24 years we
have been in existence.
Commissioner Reyes: That you been receiving 60 million -- over 60 -- let's say an
average of $60 million over 20 years. That's a big --
Mr. Book: We have not averaged -- Commissioner, we have not averaged 60 over
the 20 years.
Commissioner Reyes: Let's say 5 -- say 50, 50 million.
Mr. Book: If you ask me to give you a 24 year average, I will --
Commissioner Reyes: Yes, sir.
Mr. Book: -- certainly give --
Commissioner Reyes: I would love to do that.
Mr. Book: -- in the -- ifI could, please --
Commissioner Reyes: Yeah.
Mr. Book: -- so I can -- so that there is no misleading you in any way, shape or form
Commissioner Reyes: Okay, sure.
Mr. Book: -- it's probably closer to the mid-40s, sir.
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Commissioner Reyes: Okay, mid-40. And --
Mr. Book: Okay.
Commissioner Reyes: -- you multiply by 20, and that's a bunch of millions of dollars
that you received.
Mr. Book: Yes, sir; it is.
Commissioner Reyes: Okay. Now, another question that -- What is your reserves?
Mr. Book: What is our -- what?
Commissioner Reyes: You have a reserve of -- I heard --
Mr. Book: The results?
Commissioner Reyes: Reserve.
Mr. Book: Reserves? We have a couple of million dollars in capital --
Commissioner Reyes: Define "a couple."
Mr. Book: -- if -- Mr. Chairman, if I could, I would be glad to answer the question --
Commissioner Reyes: That's right.
Mr. Book: -- ifgiven the opportunity.
Commissioner Reyes: Uh-huh.
Mr. Book: We have approximately 4 million in operating reserves. We own two
large Homeless Assistance Centers, we own the affordable housing development I've
just described to you in Homestead, and any responsible business has a capital
reserve fund to replace roofs and kitchens and bathrooms and showers, and the like.
And we have some operating reserves that allow us, Commissioner, to do things like
Operation Urban Core, a strike force that focuses --
Commissioner Reyes: Yes.
Mr. Book: -- on your city, and things like the problem --
Commissioner Reyes: Okay.
Mr. Book: -- on 14 -- 13th, 14th, and 15th Street and Northwest 1st Avenue; that is
what we do. And we have downturns, because you have hurricanes. You have
downturns, because you get things that happen, like 911, and your revenues shrink.
And if you don't have reserves, Commissioner, what you end up doing is putting
people back out on the streets --
Commissioner Reyes: Sir --
Mr. Book: -- that we're supposed to be keeping off the street.
Commissioner Reyes: Sir, sir, I just want simple question -- answers to my
questions, you see. I don't want you to, I mean, try to sell your program or anything.
You see, what I want to know, it is how much money you get, how you're spending
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City Commission Meeting Minutes September 27, 2018
your money, okay? You want buildings. Have you ever tried to buy a building in
Coral Gables?
Mr. Book: Have I ever --?
Commissioner Reyes: Have you ever tried to buy a building in any other place that
is not the City of Miami?
Mr. Book: Yes, sir; I have.
Commissioner Reyes: Okay. Well, then --
Mr. Book: Well, sir; let -- excuse me.
Commissioner Reyes: Hold on a second, sir; I haven't finished, okay? Hold on a
second. What I'm trying to say is this, sir: It seems to me -- I don't know, I don't
know -- I been a budget analyst, I am an economist, and I -- math is very simple, and
I teach math, you see. If -- how many homeless do we have in the City of Mi -- we
have now? It's about 600?
Mr. Book: It's about 665, sir.
Commissioner Reyes: If you have 665 and you're receiving -- let's say $65 million --
that's $100, 000 per homeless. And you are asking more money to feed them and
house them. With $100,000 -- I don't know --you might --you have to prove tome,
because that's why I'm going to ask an audit, and I want to sit down with you, and
you tell me how you doing. But with $100, 000, you can rent an apartment in Coral
Gables, buy a Chevrolet, and feed that person. I mean, I want to know how the
$100,000 are using. And when you said that you would receive only 20 percent or
30 percent of --I mean, of your budget from the City of Miami, how much is that?
Mr. Book: Say that again, please. The question, sir?
Commissioner Reyes: How much of your budget comes from the City of Miami?
Mr. Book: Mr. Chairman, through you, if I can try to answer without being
interrupted so that I can give you what the facts are, because I respectfully have to
tell you that you have a lot of dis-information and misinformation. So first of all --
Commissioner Reyes: Well, you have to do it because (UNINTELLIGIBLE) --
Mr. Book: -- the last thing I said -- or practically the last thing I said was that,
number one, historically, somewhere around 28 percent, 26, 27 percent of the food
and beverage tax revenues came from the geographic confines of the City of Miami,
and that you get back in excess of 27.9 million, and that 66 percent of all placements
are people from the City of Miami. And I assure you that the money that comes from
-- by the way, the people that eat in your restaurants, Commissioner, are not just
citizens from the City of Miami; they are tourists that do, and there are people from
outside of the City that come and pay. And with all due respect, a significantly
greater amount of money gets spent in your city to take people off the streets in your
city. And secondly, for you to imply that -- or indicate that you're a budget analyst,
with all due respect again, there are things that become a recurring expenditures
that you have to eat, year in and year out. So when I start a program to house
people or to shelter people, that expense gets repeated, year in and year out. So it's
not like I've got that amount of flexibility. And secondly, almost 35 million of the
money comes from HUD, and has to be spent that way. And the last question you
asked, have I tried to buy buildings in -- outside of the City of Miami, let me be clear.
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I haven't bought any buildings in your city. And the only buildings I've attempted to
acquire over the last six months --
Commissioner Reyes: Okay.
Mr. Book: -- have been outside of the boundaries of your city, including the most
recent, which were in the City of North Miami Beach.
Later...
Mr. Book: Mr. Chairman, if I could? I am happy to compare any program you want
in America; that is why we have been named by HUD six times as the national best
practice model --
Commissioner Reyes: Listen, don't get defensive with me, okay?
Mr. Book: -- and that is why the HUD Southeastern Region is bringing all of the
homeless people that do homelessness around the southeastern region of the United
States, all -- they're bringing them right here to the City of Miami, right here in the
middle of the City of Miami so that we can demonstrate to them what works. And
lastly, the slide on the screen, Commissioner, says completely: In fiscal year of
'16/17, '17/18, the City of Miami contributed between 31 and 34 percent of the total;
approximately 8.5 million in total collections, of which 7 million comes to the
Homeless Trust; 1.5 million goes to the Domestic Violence Oversight Board. You
receive in return in excess of $27.9 million. And I am happy to come and sit with
you, Commissioner, any time, as I have with other Commissioners who have given
me the time to get fully informed.
Emilio T. Gonzalez (City Manager): Mr. Commissioner, I'll get with Mr. Book later
on -- maybe next week -- and we'll provide you the information.
Chair Hardemon: Great.
Commissioner Reyes: I'm asking for an audit, and how it's spent, and idents --
Mr. Book: We do -- we have an audit every year, as you know, Mr. --
Commissioner Reyes: -- the programs and the recipients of the programs that they
are being paid by this fund; people that they provide assistance or provide -- or have
programs that has to do with the homeless issue.
Mr. Gonzalez: Yes, sir.
Chair Hardemon: Duly noted, sir. Commissioner Carollo.
Commissioner Carollo: Mr. Book --
Chair Hardemon: Be brief, my brother; be brief.
Commissioner Carollo: -- good afternoon.
Mr. Book: Thankyou, sir.
Commissioner Carollo: I haven't seen you this worked up since I won my first
election, when I beat you.
Mr. Book: Commissioner --
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Commissioner Carollo: That was in college, by the way. That was in college.
Mr. Book: --falls into the category of no good deed goes unpunished.
Commissioner Carollo: Yeah. But then, I have to say he became my whip when I
went for a higher office in all the colleges. Ron, I'm not going to get into a fight with
you. What I want to ask you are some questions so that I could try to see how we
could all help each other.
Mr. Book: Yes, sir.
Commissioner Carollo: How many housing units do you feel that you need now for
people that are in shelters; that you need to get them out the shelters and put them in
permanent housing?
Mr. Book: We probably need -- Mr. Chairman, through you. Commissioner
Carollo, we probably need in excess of 1,500 units of available housing. But we
need -- we will -- Mr. Imbrone will chase one unit here, three there. We will chase
them. All we need is a lead.
Commissioner Carollo: I understand. So out of the 1,500 units, approximately -- I
know it's a hard question to throw at you here -- how many would be one bedroom
versus two bedrooms? And I would assume you have a small percentage that would
be three bedrooms.
Mr. Book: The focus of our attention, Commissioner --
Commissioner Carollo: Yeah.
Mr. Book: -- right now is the chronic. We know that the bulk of what's left on the
streets now --
Commissioner Carollo: Yeah.
Mr. Book: -- having reduced street homelessness by 90 percent --
Commissioner Carollo: Yeah.
Mr. Book: -- are those one (UNINTELLIGIBLE). You got 665. Those are one
bedroom or studios --
Commissioner Carollo: Yeah.
Mr. Book: --primarily.
Commissioner Carollo: And I'm going to say this to you, Ron: The bulk of those
people, they were sent to us; they're not from here. I know it, because I see them, I
speak to them in the streets. They're very, very chronic, extremely chronic, and I
don't know with the majority of them how far we're going to be able to accomplish
anything. But nevertheless, we have to try.
Mr. Book: We share -- Commissioner, we share your concern.
Commissioner Carollo: Yeah.
Mr. Book: And I can tell you, Vicky was out in the LA (Los Angeles) and San
Francisco areas for a couple of homeless conferences in the last month and a half.
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They got a little over 30,000 on their streets. I don't want to speak for them one way
or the other, but we would be in that boat today but for the continuum and the
dollars we've got. But we're now so deep into it, without these -- without the help --
You know I -- you've never seen me come and ask for help from you all or anyone
else. We've done with what we've got. You come to my Trust meeting and you stand
up in the middle of the room, and you say, "We hear that the Chair's got a favorite
word. " You know what the word is? It's 'free. " And then you follow it with, "But we
hear he's got a favorite phrase; 'cheap' and frugal. "' I use an elastic band. If our
staff brings us something that I think is too high, we send them back; can't negotiate
something lower? We toss it out and rebid the dang thing, because my job is to get
as many units and as many beds as I can to get those folks off the street as quickly as
we can.
Commissioner Carollo: Okay. Let me give you some figures. With $15 million on
the high end -- and I'm saying "High end, in the City of Miami limits. " I would hope
that this could be spread out, because the City should not take any longer all the
burden for the whole County, and that's what we've been doing; not just for the
homeless, but in nonprofits that are here, and everything else that is costing us into
the hundreds of millions. With $15 million, we could build approximately 200 or so
units inside the City; the one -bedrooms that we're talking about. Whether they're a
smaller version or not, about 500 --
Mr. Book: Mini -units.
Commissioner Carollo: -- square feet. You might be able to do some at 400 and
make it a little cheaper, but -- which are -- they're still one bedroom, but, you know,
it's what you have in mind, I think, when you call it a studio. That 15 million, you,
through the Trust alone, could finance it, so you own those 200 units, and you're
going to own them through mortgages. It would cost you approximately -- give or
take -- on those $15 million, I would say -- let's see. If I got a hundred -- about a
million -one, a million -two --
Mr. Book: In debt -- annual debt service?
Commissioner Carollo: -- in your debt service per year. How much are you
spending now in putting people in places? I'm sure it's going to be a lot more than
that.
Mr. Book: If I can, Mr. Chairman, through you. It varies, Commissioner, and let me
give you an example. So -- and it's -- I'm assuming Commissioner Reyes can hear
this. So when we take and place an individual into a Housing First unit, where we're
subsidizing the rent -- if not completely -- it's about $12, 000 in rent. It's then a little
over 5, 000 more where we amortize the cost of a case manager over a multitude of
people they're handling, coupled with the services that are needed. Once I
implement a unit, I'm stuck with the fixed cost, because otherwise, you're putting
somebody back out on the streets.
Commissioner Carollo: I understand that. But --
Mr. Book: So -- but that's about what it costs.
Commissioner Carollo: Yeah. But for housing, I think we need to separate your
other costs and go strictly on the housing side. And I think the amount of units that
you're short, you're not going to accomplish that over a year, but within a four- to
five-year goal, you should be able to get 1, 500 units easily in four years.
Chair Hardemon: All right. I --
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Mr. Book: If I could --
Chair Hardemon: -- I'm going to let --
Mr. Book: -- we've just begun to explore the building, because of our frustrations in
trying to acquire something that we could rehab fast and move people in quickly,
which is what HUD's looking for us to do to maintain that 35 -- 33 million we've
been getting from them over the last four; five, six years.
Commissioner Carollo: Look, HUD would help you even more, I think, if they know
that you're going to buy and do it in this way. You could buy and build in a year and
a half, Ron.
Mr. Book: You are correct. And what happens from there, Commissioner, is HUD
will help us pay for those operations going forward so that it doesn't come out of our
food and beverage tax; where we're not coming back, hat in hand, because we can't
meet the services that are needed to re -- if you will -- integrate that individual back
into mainstream working society; the training, et cetera, that goes in once we find
them a job.
Commissioner Carollo: Well, again, that's what we all wish we can accomplish. But
a lot of the people that have been sent to us from other parts of the country, other
parts of the State, it ain't going to happen, no matter what you give them, how much
you try, that you're going to get them to take a job.
Chair Hardemon: I must interrupt at this point.
Commissioner Carollo: Yeah. Fine.
Chair Hardemon: We've spent more than 40 minutes on this public -- on this --
Mr. Book: I'll come back, Mr. Chairman, when you want me back.
Chair Hardemon: Right. And I'm sure we can have -- there's more conversations we
need to have. This is -- it's just trying to, you know, fit a mountain into a --
Mr. Book: What I don't want to do --
Chair Hardemon: -- molehill.
Mr. Book: -- is shortchange you all. I -- my goal has always been to try to make
sure that each of you are fully informed in what we're doing and how we go about it.
The goal is to make sure you understand. You have several people from -- that
represent the City that serve on our 27 person board. Our goal has been to be
extraordinarily sensitive, Chairman, Commissioners, to this city, including the issues
related to Pottinger, as we testified in court this past week.
Chair Hardemon: Thank you very much. My question -- thank you, sir.
Mr. Book: Thank you, Chairman.
Commissioner Reyes: Next session.
Chair Hardemon: My question for this board is this: Can we handle Ultra before
the 1 o'clock hour?
Vice Chair Russell: Lunch. I don't think so.
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Chair Hardemon: You don't think we can do it?
Commissioner Reyes: No.
Chair Hardenzon: Vice Chair says he doesn't think --
Commissioner Carollo: Before], I don't know.
Vice Chair Russell: If we take it up now, we're going to be on it for a while. I say
we break; conte back, and do it right, take the time we need.
Commissioner Carollo: Yeah, I would agree.
Chair Hardemon: All right.
Commissioner Carollo: We break and do it right.
Chair Hardemon: And we're in recess until 2 o'clock.
Todd B. Hannon (City Clerk): Chair, just so you know, we do have a Midtown CRA
(Community Redevelopment Agency) meeting.
Chair Hardemon: Right. It takes 20 seconds. We'll go right into it right now.
Mr. Hannon: Yes, yes.
Chair Hardemon: This meeting is in recess.
Mr. Hannon: Just give us 30 seconds.
Commissioner Carollo: Mr. Chairman, 2:30.
PA.2 PERSONAL APPEARANCE
4837 A PERSONAL APPEARANCE BY CITY MANAGER EMILIO T.
GONZALEZ ON OUR DIGITAL TRANSFORMATION AT THE CITY
OF MIAMI.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Notes for the Record. Item PA.2 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PA.2, please see "Order of the Day. "
IEll kiUZ•70»:k'%7ki/elwel»N0zfilki[*]�'I
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The following item(s) was Adopted on the Consent Agenda
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
CA.1
RESOLUTION
4696
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Improvements
EXECUTE A PETROLEUM RESTORATION PROGRAM SITE
ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION TO CONDUCT ASSESSMENT
AND REMEDIATION, IF NECESSARY, ON CITY OF MIAMI ("CITY')
OWNED PROPERTY LOCATED AT 1050 MACARTHUR
CAUSEWAY, MIAMI, FLORIDA WITHOUT ANY FEE OR COST TO
THE CITY; FURTHER AUTHORIZING CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY OTHER NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0406
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.], please see "End of
Consent Agenda. "
CA.2
RESOLUTION
4360
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND
Attorney
ON BEHALF OF JOSE GONZALEZ, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES,
THE TOTAL SUM OF $175,000.00, INCLUDING $100.00 FOR A
SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL
CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE
CITY OF MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND
EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON
EXECUTING A SETTLEMENT, HOLD HARMLESS, AND
INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL
RELEASE OF THE CITY, ITS PRESENT AND FORMER
OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT
OF $174,900.00 FROM ACCOUNT NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT
OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
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ENACTMENT NUMBER: R-18-0407
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.2, please see "End of
Consent Agenda. "
CA.3
RESOLUTION
4710
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Equal
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Opportunity &
EXECUTE A TITLE VI/NONDISCRIMINATION ASSURANCE
Diversity Programs
AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY'S
ADOPTION OF AN UPDATED TITLE VI/NONDISCRIMINATION
PROGRAM PLAN ("PLAN") AS REQUIRED FOR THE CITY'S
RECERTIFICATION AS A LOCAL AGENCY PURSUANT TO
FDOT'S LOCAL AGENCY PROGRAM FOR FEDERAL AND STATE
FUNDING OF CITY CAPITAL PROJECTS, INCLUSIVE OF THE
PROVISION OF THE CITY'S NEW EQUAL OPPORTUNITY AND
DIVERSITY PROGRAM ADMINISTRATOR WHO SERVES AS THE
PLAN'S COORDINATOR FOR THE CITY, AS WELL AS SUCH
OTHER ADDITIONAL REVISIONS TO THE LANGUAGE OF THE
CITY'S CURRENT PLAN; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL OTHER AGREEMENTS
OR DOCUMENTS REQUIRED, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE CITY'S COMPLIANCE WITH
FEDERAL, STATE, AND LOCAL NONDISCRIMINATION LAWS
AND AUTHORITIES AS MAY BECOME NECESSARY.
ENACTMENT NUMBER: R-18-0408
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.3, please see "End of
Consent Agenda. "
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CAA
RESOLUTION
4684
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
"HIGH
Police
PROJECT TITLED VISIBILITY ENFORCEMENT";
AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER
OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND
THE UNIVERSITY OF NORTH FLORIDA TRAINING AND
SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE
TECHNOLOGY AND MANAGEMENT FOR REIMBURSEMENT OF
OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED
$92,576.00 FOR MIAMI POLICE DEPARTMENT OFFICERS
CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND
COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT
CAMPAIGN; FURTHER AUTHORIZING THE CITY MANAGER TO
DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL
OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID
REIMBURSEMENT FUNDS.
ENACTMENT NUMBER: R-18-0409
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.4, please see "End of
Consent Agenda. "
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CA.5
RESOLUTION
4687
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of
THE BID RECEIVED JUNE 25, 2018, PURSUANT TO INVITATION
Parks and
FOR BID NO. 862381, FROM CARLON INC., A FLORIDA FOR
Recreation
PROFIT CORPORATION, D/B/A BROWARD NELSON FOUNTAIN
SERVICE, THE SOLE RESPONSIVE AND RESPONSIBLE
BIDDER, FOR THE PROVISION OF BULK CARBON DIOXIDE
("CO2") GAS, ON A STAY FILL PROGRAM, FOR THE
DEPARTMENT OF PARKS AND RECREATION ("PARKS"), ON AN
AS -NEEDED BASIS, FOR AN INITIAL CONTRACT TERM OF
THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1)
ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS
FROM THE PARKS GENERAL FUND, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; AUTHORIZING THE CITY MANAGER TO ADD
SUPPLIERS TO THE CONTRACT AS DEEMED NECESSARY BY
THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND EXTENSIONS, SUBJECT TO ALLOCATIONS,
APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING
BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH
APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, THE
CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE
REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0410
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA. 5, please see "End of
Consent Agenda. "
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CA.6
RESOLUTION Item Pulled from Consent
4725
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Parks and
ACCEPT A DONATION OF TWO (2) SOCCER MINI PITCHES
Recreation
("MINI PITCHES"), WHICH HAVE AN ESTIMATED TOTAL VALUE
ABSENT:
OF ONE HUNDRED TWENTY THOUSAND DOLLARS
($120,000.00) AND ARE TO BE INSTALLED, FROM THE UNITED
STATES SOCCER FEDERATION FOUNDATION, INC., A FOREIGN
NOT FOR PROFIT CORPORATION ("FOUNDATION") IN JUAN
PABLO DUARTE PARK; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS,
INSTALLATION, AND RELEASE AGREEMENT AND ANY AND ALL
OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE
ACCEPTANCE OF SAID DONATIONS.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Russell, Reyes
ABSENT:
Carollo
Notes for the Record. Item CA.6 was continued to the October 25, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item CA. 6, please see "Order of the Day. "
CA.7
RESOLUTION
4828
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Fire-
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Rescue
ACCEPT THE GRANT AWARDED BY THE STATE OF FLORIDA,
DEPARTMENT OF FINANCIAL SERVICES ("STATE") AND THE
CITY OF MIAMI ("CITY'), IN AN AMOUNT NOT TO EXCEED
$400,000.00, TO ASSIST WITH THE PURCHASE OF A MOBILE
COMMAND VEHICLE FOR THE DEPARTMENT OF FIRE -RESCUE
THAT WILL FACILITATE EMERGENCY RESPONSE AND
ASSISTANCE SERVICES PROVIDED TO THE RESIDENTS AND
VISITORS OF THE CITY, PROJECT NO. 40B -173216A; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANT.
ENACTMENT NUMBER: R-18-0411
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA. 7, please see "End of
Consent Agenda. "
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END OF CONSENT AGENDA
Chair Hardemon: The Chair would like to entertain a motion to approve the consent
agenda; PH 1 and 2; and the RE (resolution) agenda, except -- because they are
time issues -- RE. 3, RE. 6, RE. 7; and for now, until I get some clarification --
Vice Chair Russell: Can you pull 5, as well?
Chair Hardemon: -- RE -- you want 5? 5.
Commissioner Reyes: I have problem --
Chair Hardemon: Sir?
Commissioner Reyes: I want -- well, I want to discuss 5.
Chair Hardemon: All right. That's what -- we'll discuss this.
Commissioner Reyes: RE.5.
Chair Hardemon: This is not -- this is just pulling, not for -- you can discuss it.
Vice Chair Russell: Yeah, yeah, yeah, but we'll have amendments and --
Chair Hardemon: You want to pull it for -- okay.
Vice Chair Russell: -- (UNINTELLIGIBLE), so just pull it out of the --
Commissioner Reyes: Because I'm not --
Chair Hardemon: All right. So let me --
Victoria Mendez (City Attorney): Chairman, could you say that again? Thank you.
Chair Hardemon: I'm going to start over.
Commissioner Reyes: Yes, sir.
Chair Hardemon: The Chair would like to entertain a motion to approve what's left
of the CA agenda; PH.], PH 2.
Emilio T. Gonzalez (City Manager): Mr. Chairman -- go ahead, George.
George Mensah (Director, Community and Economic Development): PH.].
Chair Hardemon: PH 1 has amendments?
Mr. Mensah: Yes, sir.
Chair Hardemon: That's fine. We'll make the amendments in the motion.
Mr. Mensah: Okay.
Chair Hardemon: The amendments, we'll let you put on the record. Okay. So -- say
it again: The Chair would like to entertain a motion to approve the CA (consent
agenda) agenda; PH1, with amendments that will be stated on the record; PH. 2;
RE.1, RE.2 --
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Commissioner Reyes: Yes.
Chair Hardemon: -- RE.5 -- I mean RE -- and RE. 8. Okay? So 1, 2, and 8.
Commissioner Reyes: I move it.
Chair Hardemon: It's been properly moved; seconded by the Chair. Can you please
state on the record what those amendments are to PH 1 ?
Ms. Mendez: Mr. Mensah.
Mr. Mensah: This is George Mensah, Director, Community Development. Mr.
Chairman, I will have -- probably have to read everything to the record. And this is
the allocation to Allapattah Community Action, 187,452; Centro Mater Childcare
Services, 25,376,• De Hostos Senior Center, 16,862; Coconut Grove Collaborative,
7,198; FANM (Fanm Ayisyen Nan Miyami, Inc.), 33,724; 55 Years and Up, 11,241;
Greater Miami Service Corps, 11,241; Greater Mi -- Little Havana Community
Center, 41,318; Southwest Social Services, 76,355; Miami Lighthouse for the Blind
and Visually Impaired, 6,383; Sunshine for All, 69,085; Multi -Ethnic Youth Group
Association, 36,535; St. Albans Day Nursery, 26,934; Association for the
Development of the Exceptional, 22,176,• Sundari Foundation, 6,838; The Start
Program, 16,714; Liberty City Optimist Club, 67,450; Miami Bridge Youth &
Family Services, 4,700; Thelma Gibson Health Initiative, 56,208; World Literacy
Crusade of Florida, 32,195; Jose Perez de Castano Kidney Foundation, 4,558, Mr.
Chairman.
Chair Hardemon: Okay. Also, would the -- I'm the seconder. Would the mover
accept adding RE.4 into this motion? You could take a look at RE. 4. Is there any
other discussion or comment besides that, what's on the motion right now?
Vice Chair Russell: Who moved and who seconded?
Chair Hardemon: The mover was Commissioner Reyes; I was the seconder. You
accept that amendment?
Commissioner Reyes: Yes, sir.
Chair Hardemon: Thank you. Any further discussion about the motion that's on the
floor? Seeing none, all in favor of the motion, say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Okay, motion carries.
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0001:3ILos: I;WNIki[4-1
PHA
RESOLUTION
4177
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR
Community and
PROGRAM YEAR 2018-2019 COMMUNITY DEVELOPMENT
Economic
BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF
Development
$788,856.60 AND THE AMOUNT OF $150,145.77 FROM PREVIOUS
YEAR'S PROGRAM INCOME, FOR A TOTAL AMOUNT OF
$939,002.37 IN THE PUBLIC SERVICE CATEGORY, TO THE
AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND
INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING
OCTOBER 1, 2018; 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-18-0398
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record: For minutes referencing Item PK 1, please see "End of
Consent Agenda. "
City of Miami Page 59 Printed on 121512018
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PH.2
RESOLUTION
4789
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE
and Mayor
CODE OF THE CITY, AS AMENDED ("CODE"), BY A FOUR FIFTHS
AYES:
(4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
ABSENT:
HEARING, RATIFYING, APPROVING, AND CONFIRMING THE
CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED
AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION
METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), WAIVING
THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING
THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4
COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY
INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED THREE
HUNDRED FORTY SIX THOUSAND EIGHT HUNDRED FORTY
DOLLARS ($346,840.00) TO SUNSHINE FOR ALL, INC., A
FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR
ALL"), IN SUPPORT OF SUNSHINE FOR ALL'S MEALS ON
WHEELS PROGRAM; FURTHER 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-18-0412
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item PK2, please see "End of
Consent Agenda. "
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PH.3
RESOLUTION
4498
A RESOLUTION OF THE MIAMI COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS AS NOT BEING
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR
TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT
PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT
PARK USE AGREEMENT WITH EVENT ENTERTAINMENT
GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL
ULTRA MUSIC FESTIVAL FOR A PERIOD OF (_) YEARS,
WITH ONE (1) (_) YEAR OPTION TO RENEW, WITH AN
ANNUAL TWO MILLION DOLLAR ($2,000,000.00) GUARANTEED
MINIMUM PAYMENT TO THE CITY OF MIAMI, WITH THE TERMS
AND CONDITIONS SET FORTH IN THE USE AGREEMENT;
FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE
DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE
BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE
ULTRA MUSIC FESTIVAL, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT
TRUST.
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Deny
RESULT:
ITEM WAS DENIED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For directive referencing Item PH.3, please see Item NA.2.
For additional minutes referencing Item PH.3, please see "Public Comment
Period for Regular Item(s). "
Chair Hardenzon: Let's resume our regular agenda and get right into the discussion
regarding PH 3; PH 3, Ultra Music Festival.
Commissioner Carollo: But -- we're doing this?
Chair Hardenzon: No. We had all that public comment. We're hearing it now.
PH 3. Who would like to go first?
Commissioner Carollo: When you're ready, I'll --
Chair Hardenzon: I'm ready for you.
Commissioner Carollo: You -- let me wait for the Attorney to be done, because she's
going to have to pipe in there. But you all were given, I think, an up-to-date
contract, with some changes from the original one that was sent when the agenda
was finished. The -- if you haven't gotten it for any reason, the City Attorney could
pass it out. Within that contract, there -- a few key items for the Ultra people that
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they are not in agreement with, and they can get up here and let you know what
they're not in agreement with that they would like to see different to see if there is a
will here to make that change; and, of course, the residents also have some requests
of changes that they would like to see in the contract that I think they have an equal
right to represent to you their point of view. The -- I will say this: That -- and the
City Attorney could attest to that, because she's been putting in tremendous amount
of hours at Ultra. She's kind of become the Ultra attorney, working basically Ultra
for the last few days, and I'd just like for this to end, whichever way is the will of the
majority of the Commission, but to end today, because we have a lot more work to do
in this city than just to be dealing with Ultra. And frankly, I put enough time to it.
My position, so that I could be clear to my colleagues, was one that I had to be fair
to both sides, regardless of what my feelings were. And we put together the best
contract that we think would protect the City of Miami, would protect the Trust, and
that would bring the most amount of dollars if it's the will of the majority of this
Commission to pass it. I'm one vote up here, and I'm going to be clear, up from the
start, I will not be voting for the contract. The -- my reasons are simply the
following: I do believe that Ultra has done a fine job in keeping security within their
concert, and to a greater extent, to a lot of the outside areas immediate adjacent to
the concert area. The noise level inside, it's less than most bars that you would go
to. The people that I saw -- well, frankly, it's not my cup of tea, but I'm not judging it
based on that -- they were basically well behaved; security was excellent. So inside
what's going on, I didn't have any problems with it. My problems with Ultra are
twofold: One, in 20 years, for whatever the reason is, they have not been able to
control the high decibel rate of noise that goes up. When they first started, we didn't
have the condominiums that we had along Biscayne Boulevard and to the sides.
Those were different years, a different Miami. We do have now thousands of
residents there, and that's been a big change. I personally went the last day of the
concert, on Sunday, and visited many of the condominiums, from one extreme of
Biscayne to the other, and I will tell you that -- and particularly, the ones upfront --
the noise level to me would have been unbearable. We measured them at anywhere
between 104/107 decibels. This is what I am told was more or less what the
residents that had hired a company to measure the decibel rate showed, so it
matched with what we did with -- and after we had with the phone. The kind of
music that Ultra plays is not like maybe other types of musical venues that it
changes, depending on what is played. You know, it's the same "dun, dun, dun, " and,
you know, after an hour, you could be hitting your head against the wall. Imagine
three full days, not including the practice days. So while I don't represent this area
as a Commissioner -- these people don't vote for me -- nevertheless, I do represent
the whole City, and I have an obligation to the residents that are there. And if I
certainly would not want to live with that, how can I feel different then, just because
I'm not there? So having said that, that's my main reason why I will vote against it.
My secondary reason is that, unbeknownst to most people, because, you know, we
have a city that is a pioneer city, every 10 years, we have a sizeable percentage of
our city that's changed, that's new people that came in, and they know very little of
our history. And then, you get a couple of wise guys that come in; they're here two
or three years and they want to be the moral compass and tell you what Miami is like
and who's who and what is good and what is had and what is right, and what is
wrong. But I will tell you that I was one of the three people responsible, and I would
say the key vote responsible, for the type of park that we envisioned we were going to
have in Bayfront Park; the Naguchi concept. I remember that one of my biggest
problems at the time was that we had a beautiful library that was right in the middle
of Flagler Street where you have the fountain at the end, and Naguchi wanted to be
able for people all the way up Flagler Street to see the fountain straight through, and
the library was in the middle. I felt that it was a historical library. And I don't say
that loosely, because the -- what some people like to say "historical, " and the way the
term is thrown nowadays, it's very fast and loose. But I thought that library was
historical, but nevertheless, Naguchi is a world-renowned builder of parks, designer
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of parks, and we felt this is going to be a world-class park. So after numerous
meetings with Mr. Naguchi, I agreed that we were going to tear the library. One of
the other problems we have is that we got a fountain with no water and some
additional problems, but that's going to change; I promise that, and it's going to go
back to the grandeur that Naguchi envisioned with our fountain. Who knows?
Maybe we'll go over it entirely with the water. But the bottom line is that I never
would have thought that this park would have been closed as long as it has been
sometimes. And parks are for people. Parks should be open. This is our Central
Park; not just for the City of Miami, but for all of Greater Miami -Dade County. And
it's nothing personal against the Ultra people. I think they're fine people. I think
they truly have done all that they can to try to make it work with the changes of the
new Miami that we have. But, you know, sometimes when things change, not
everything could stay the same. And those are my only two reasons why I will be
opposing this; nothing else, nothing else; those two reasons. And I want to say this,
also: I will respect whatever the will of my colleagues is if a majority or
supermajority here votes that they want Ultra to stay. Even though I'm voting
against it here, I will be a good soldier, because, after all, we're one city; we're not a
divided city. And I will go to the Trust with my vote since that would have to be
voted against there. I will vote in favor there. But having said that, I don't know
how this is going to turn out today. I got some ideas, but you never know until the
votes are cast, and I'll be very respectful of my colleagues, whichever way they vote.
Vice Chair Russell: Mr. Chair?
Chair Hardemon: Vice Chairman.
Vice Chair Russell: I'm very confused. I don't -- it feels like a big waste of time or
some sort of game here, because, really, Commissioner, you're the only one that's
been at the table negotiating with Ultra for the last six months; and so, I don't
understand that you're bringing forward a contract that you don't support. So if
that's the case, what are we doing here? I mean, we're done.
Commissioner Carollo: Commissioner, that's been the problem since you've been
here. You don't understand a lot of things. And for you at this point in time to tell
me that you don't understand what we're doing here -- Look, I'm one person, I'm one
vote. I'm not a strong Mayor, dictator Mayor that can do whatever I please. We do
things in a democratic way, and I understand that. I respect our process and our
system. And even though I might feel one way, I understand that a majority of you
might feel a different way. And I have, as I stated clearly, a responsibility to put
together the best contract and bring forth to this Commission; that I did to safeguard
everyone, not just in the Trust, but in the City of Miami. It's up to this Commission to
decide what it wants to do.
Vice Chair Russell: Isamu Naguchi did have a great plan for that park. He was an
amazing Japanese American who designed lots of parks, which really brought kids
closer to the land. And if I remember, the fights that you had with him back in those
days about that library when the suggestion to move the library was -- your retort to
him was, "Maybe he should hang some red lanterns on it, and that would make him
more comfortable with it. "
Commissioner Carollo: Yeah, I said that.
Vice Chair Russell: That's really ugly.
Commissioner Carollo: Yeah, I said that. Well, not -- 20 years later, now you come
with the ugly. I guess the next thing you'll be saying, I'm a racist.
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Vice Chair Russell: I didn't say that.
Commissioner Carollo: But then again, the guys you love to hang around with that
are not racist, according to you, are the ones that put the advertisement with all the
Oriental ladies in the spas, with the so-called "happy ending. " Those guys are okay
to you. And someone that might make a joke to you, that's the so-called "racist. "
But you know what? I respected Naguchi. He respected me. You were yo-yoing
somewhere in the world when we were accomplishing something great for Miami.
Vice Chair Russell: Congratulations.
Commissioner Carollo: And I'll tell you something else you didn't even know, sir.
We have a sister park in Japan --Sapporo --that Naguchi built. I was therewith the
Mayor of Sapporo, and even though that park is much, much larger than ours -- it's
over 200 acres -- some of the same things that Naguchi left in our park, he built
identical twins over in the Sapporo Park; like the slide for children that we have
the marble one that's white -- Sapporo has a black one. So for your information
and maybe we could do something with Sapporo on that in the future -- we have a
sister park that Naguchi left us with Sapporo, and we made a sister park with Japan
in one of Naguchi's world premier parks.
Vice Chair Russell: We're getting sidetracked. What we're dealing with was -- is the
Ultra contract, and we've been brought a contract that the Chairman of the Trust
can't support; I don't understand how we can. Like I said, I haven't been at the table
here, and I'd like to have been. I reached out to Ultra two years ago with what I
knew would be the demands of the residents, who, at that time, were very tolerant of
sharing the space, and we had a certain list of demands, we were speaking with
Ultra, and it just went radio silence. And those demands had to do with park access;
it had to do with hours; it had to do with lights; it had to do with noise. I saw all of
that as completely surpass -able obstacles. We could figure it out. But like I said, it's
been radio silence until yesterday; yesterday, and since then, it's been a flurry of
negotiations. But it's too much for us to even contemplate and bring to the
neighbors, and come back to decide on a five-year contract here, without the support
of the Chairman of the park itself? We're going through some very strange exercise
here that doesn't quite make sense. I came in today as a "no, " simply because there's
just so much here that isn't spoken about in this contract with what else is going on
in the park, with regard to the use of the park, over a hundred events in the park.
And the only thing that was going to be able to get me to a "yes" today was a one-
year contract that gets me and the neighbors back to the table, where we can talk
about the park in its totality and all of the other events, and look at everything that
even to this day sounds like hasn't been worked out yet. It seems like there is an
impasse, even still. And so, the real shame here is that what could potentially be a
survivable partnership between the neighbors and a successful event is going to die
for lack of process and negotiation, and everybody being heard. And that's a real
shame, because this entity has been here for 20 years. I don't agree with everything
that was said by both sides this morning. I think it's become so divided that it's a
real shame. Ultra likes downtown Miami, because it has the backdrop that is those
buildings, because otherwise, they'd go off to a farm where they didn't have to deal
with all of us, you know. They'd have all the space and hours and lights, and noise
they'd want. But what makes it exciting for them is to be in the thick of downtown.
But they are guests in downtown. And so, I believe in PLUR; peace, love, unity, and
respect. And if you are someone from Ultra who says, "Well, we were here first, so
screw their quality of life, " then you're not showing that peace, love, unity, and
respect. But I believe that there is a way for us to figure this out and get along and
get together, but it hasn't happened to this day. And if the Chairman's not going to
champion you through and figure out how to get it all together, this is all going to
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fall apart. I don't mean it as an attack on you, Joe; I really don't, Commissioner. I
just -- I didn't --
Commissioner Carollo: Well, I'm sure you don't.
Vice Chair Russell: -- you know, but it looks like this is going to fail today and --for
lack of being put together properly. Whether it's -- I don't know. The neighbors
have been with me, though, every day over this last six months, trying to figure out
what they need to make this palatable, and that only changed, I'd say, in this last two
months, where they went from, "We can live with it with this, this, and this, " to now
it's just, "We can't live with it, " because they don't feel like they're at the table"; and
so, for that, I'm a "no "
Commissioner Gort: Let me tell you, the -- it hasn't been easy. I met with both
groups, and I can see the impact, economic impact that it makes. But at the same
time, the nab -- downtown has changed quite a bit; a lot more residents, like it was
stated before. I think the -- we tried to get Ultra to do certain things. I mean, the
contract that I have, there's a lot of things that they don't want to do; they rejected.
And I think the -- there's a way that can be tolerated by the neighbors and by them. I
won't mind going through a year, but I would like to see some of the changes that
you had originally in the contract, and according to the neighbors. My
understanding, the biggest problem is how long can they use the park? How long
does it take to put up and come down? What can they do to make sure that the grass
gets put right within a week? And that type of things. The decibels, they could come
down. They can always change the stages and put the stage all the way back
towards the bay instead of the buildings, and that could help a little bit. So
personally, the -- I'm looking at the contracts that we proposed. I imagine it was
your proposal, Commissioner.
Commissioner Carollo: It was the Executive Director, who is here and --
somewhere in here is our Executive Director. He could speak to it if he'd like;
additional staff from the Trust; the City Attorney and the Assistant City Attorney
involved; the Ultra people that have been deeply involved, and changes were made
up until maybe even today, if not yesterday before it was sent out. The neighbors
were involved, and they could attest to that; that I've been very respectful, and
reached out to neighbors.
Later...
Commissioner Carollo: Now, the one thing that I do have to answer, you know, I
don't mind all the posturing and everything else, but for you to say here publicly,
Commissioner Russell, that you have not been informed on negotiations or anything
else when you know well that your pipeline to Ultra has been bigger than that tunnel
that was built over in the port, under the water. You knew exactly what points they
wanted, what they didn't want. There were no surprise to you. And you also knew
that you had other avenues that were available to you. So please use any other
excuse that you would want to, but don't use that excuse. And next time you want to
take a cheap shot at me -- because since I've arrived here, you didn't want me to be
Chairman, you didn't want me to name people -- it's been one after another. The last
one was at the last Trust meeting two days ago. You sent one of your staff so that
your appointment to that Trust -- and you shouldn't have put that gal in that
situation, because she was embarrassed, her hands were shaking -- could try to put a
resolution to try to recall the $3 million that we sent to the City of Miami. And by
the way, so that everybody would know, that $3 million doesn't affect at all the
operation of Bayfront Park. It's not going to affect whether we need to bring Ultra
or not, because frankly, to run the park, we don't need Ultra. The budget that we
approved for this coming fiscal year did not include Ultra. We didn't have a
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contract, so you can't include it. And since that, we've approved other contracts that
are bringing us more money, without noise, without problems, and there's going to
be even more contracts that are going to be coming in the same fashion. My goal is
that in the next several years, we could bring at least an additional $10 million to the
Trust that are in activities that people could enjoy, that the park will be kept open,
and that they're not going to bring noise. But remember this: That ultimately, the
park belongs to the City of Miami, and this Commission is the ultimate voice. And I
truly believe that we can't just cut off the City's assets where you have different small
kingdoms that people control those monies. We're one city. And if one of those
assets has the ability to bring money to the City, then those dollars that are not
needed should be brought back into the City, and that's the first thing I did when I
was Mayor with the Off -Street Parking Authority. Never in the history of the City of
Miami prior to that had they brought any money to us. You should see what they're
contributing now, and that's a reason why you're getting better service and your
taxes haven't gone up, because that's a stream that's coming to the City, like it
should. So I didn't do anything different that I haven't always believed in or done in
the past. Lastly, I'd like to say for the record, the fiscal year 2015/16, the
information that I was given was that the park was open 85 percent of the time; 56
days, it was closed; 30, it attributed to Ultra. Fiscal year '16/17, that dropped to 75
percent, with 93 days the park was closed, 33 attributed to Ultra, but that was the
year that you had Rolling Loud, so that's why it peaked some. And finally, this fiscal
year, we're going to end up with 80 percent of the time that the park was kept open,
73 days closed, and another 31 days attributed to Ultra.
Vice Chair Russell: Mr. Chairman?
Commissioner Reyes: Now Mr. Chairman --
Vice Chair Russell: I need to respond; I'm sorry.
Chair Hardemon: Well, I need to -- let me -- you've had an opportunity to speak;
Commissioner Reyes has not. Commissioner Reyes and then I'll comeback to you.
Vice Chair Russell: Thank you, sir.
Chair Hardemon: --Mr. Vice Chairman.
Commissioner Reyes: Okay. And I have a comment about the transformation of Bay
Sky --I mean Bayfront Park. I never liked the Naguchi style. I liked the way that it
was; that you drove in Flagler Street, and you saw the sea. You see, I was not too
fond of that. Now everybody likes them; but before, there were a lot of people like
me that didn't like it. Okay, now -- and also, we had beautiful Japanese Garden
there that -- and they took it someplace else. Now, what I'm seeing and what I have
here in my hand is draft of a con -- of an agreement that we received yesterday -- or
one last night.
Commissioner Gort: I don't remember that.
Commissioner Reyes: Last night. And this is what we have here. Now, if I look at it,
I think that there's still pending certain clarification on the amount of decibels times
the likes, insurance term, the dates, additional charges; you see, what time it's going
to end and all of that. I got to tell you that I met with some of the neighbors, and
from my meeting with them, we talk about everything, and you -- some of you are
here. And we agree, and we talked about the possibility of coexisting. And
"coexisting" means that you are going to be agreeable to modifications that won't
make your life -- would hurt your life so much. But I don't see any type of that
agreement and I don't see --and it's not clear tome, you see. And I will love for you
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guys to get together, just like -- and try to reach an agreement, and see if there is a
possibility of coexisting; if it is the possibility of one year, and then keep on working.
But I don't know. But I don't have -- there is no clarification on this contract. I
cannot vote on this contract.
Chair Hardemon: Vice Chairman.
Commissioner Reyes: You see? I cannot vote on this contract.
Vice Chair Russell: Thank you very much. And I just need to make a clarification
for the record, because an accusation was made about a staffer of mine, as well as a
board member of the Bayfront Park Trust, who happens to be my appointee. My
staff member attends all the meetings there simply to watch. I was approached by
my appointee, who was at the time the President of the Downtown Neighbors
Alliance, who was meant to be a check and balance, and a voice of the neighborhood
on that board, and she said she felt her vote on the issue of $3 million that was taken
out of the reserves was not done in earnest; that she did not have the correct
information given to her on a high-pressure vote. She asked a lot of -- they asked a
lot of questions as aboard. They were told there was a financial gap; an emergency
that needed to be filled at the City, and that the City would appreciate it, and they
need -- and that the Trust needed the help. The fact that you already knew where
that money was going and you didn't disclose that to that board, she wanted to recall
her vote. She came to me with that. I never came to her with that. They didn't feel --
but the votes are stacked on that board. All of the at -large members are yours, so
those few people don't really have a chance. But they voted "yes" with you, because
of what you told them. And all of the board members there -- only two of you knew
what it was for, which was for the labor pensions. And so, she wanted to recall her
vote.
Commissioner Carollo: Not so, sir. It was for the general fund, and the City will
use it in whichever way it sees fit. But for you to savor try to say that we don't need
the money --
Vice Chair Russell: Never said that.
Commissioner Carollo: Well, that's where you're heading to.
Vice Chair Russell: Nope.
Commissioner Carollo: You know well the problem that we have in this year's
budget, that even when today we approve it in the second reading -- because, by
State law, we're supposed to have a balanced budget -- it's only going to be a
balanced budget because your vote, before I was here, and the consequence of it is
not going to be heard until early next year, when we're going to get hit by who knows
how many millions of dollars that we're going to have to pay up, because you wanted
to shoot from the hip on Watson Island, you wanted to be the big man in town, and
that cost us -- you didn't listen to the City Attorney; you didn't listen to anyone -- and
that's going to cost us tens of millions of dollars. So we have not -- we have other
contracts that are not finalized with the unions where we're going to have a problem
in this fiscal year. And I hope you're not going to deny tome that the Administration
has already told you, besides that, that for the next fiscal year, we're millions in the
hole, and probably a lot more than they're even telling us, but don't worry; I'm going
to keep finding money from everywhere.
Chair Hardemon: All right. So what I'm going to do is this -- Commissioner Gort.
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Commissioner Gort: Let me ask a question. My understanding, Commissioner
Carollo, you created a draft with the help of the neighbors and everyone involved;
am I correct?
Commissioner Carollo: The neighbors gave a lot of input, but frankly, the neighbors
were not giving as much of the input as they should have.
Commissioner Gort: Okay.
Commissioner Carollo: And I'll tell you why. Because the contract was changed on
us a lot of times in the formula that they wanted to use by Ultra, so by the time that
the final draft was done, the neighbors got it very late, but I will tell you, they
immediately responded to it. They didn't come up with excuses. They responded to it
and put what they wanted down. Look, what we did was present to you a contract
that, one, on the financial side, we will be as best as we possibly could be; two, that
we would have many new guarantees, including that in any future lawsuits, they will
hold the City and the Trust harmless. We included as many of the areas that the
neighbors wanted. That's why you see drops in times from the hours that they used
to finish, and we tried to be as professional with Ultra as we possibly could. Having
said that, I told both sides that they were free, and they should come up and present
to you the key areas that they're not in agreement with that they would like to change
in the contract, and I think that's only fair for both sides; for you to listen to that and
you decide if you want to make changes in those few key areas that are left that are
the most important for Ultra, for the neighbors. But at no time was this drafted with
one person in mind and one person felt. I don't think that way. We have a
democracy; I respect that democracy. I respect that each of you has the same weight
in a vote that I do up here. And as I stated on the beginning of this discussion and
debate, whatever the will of this Commission is, I will take it back to the Trust and I
would vote with that decision.
Commissioner Gort: I've been reading the draft that was created originally, and
your opinion, what they cannot accept; and I just receive information today, so
there's no way I can prove -- approve this.
Commissioner Carollo: Well, Commissioner, to be honest with you, there are many
things in there that I didn't receive also, until yesterday, because after the City
Attorney and I met with the Ultra people on Monday, they were supposed to meet on
Tuesday and just go over some minor areas, and there were a tremendous amount of
things that were changed from Ultra.
Chair Hardemon: I'm having trouble. I'm having trouble, because I'm -- this
appears that it was not ready to be heard today. And so, what was the issue with us
having a continuance on this to be able to discuss what was going to actually be in
this agreement --
Commissioner Reyes: That's right.
Chair Hardemon: -- things that needed to be amended in the agreement? Because
what I'm hearing right now -- and maybe Ultra can step up to one of the lecterns -- is
that it doesn't appear to be that there's the votes for a five-year agreement. I've
heard rumblings in the wind that a one-year agreement was not for consideration
through Ultra -- by Ultra, and then here we are now attempting to make a decision
about something where we need to know the position of Ultra, because if not, then
we're not going to waste any more time on this. I think we should go to a vote on
something.
Commissioner Carollo: Yeah, but --
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Chair Hardemon: And if --
Commissioner Carollo: -- originally, they were willing to go with a year.
Chair Hardemon: Okay. So --
Commissioner Carollo: And that changed in the last few days; since Saturday, I
think --
Chair Hardemon: So we should know --
Commissioner Carollo: --or Monday.
Chair Hardemon: -- what's what.
Ray Martinez: Ray Martinez, on behalf of the Ultra Music Festival. Thank you, Mr.
Chairman, members of the board. If the question is that are we willing to consider a
one-year deal to give us the opportunity to move forward and to continue our
negotiations to sit down on a longer deal, then yes, we would accept that.
Ms. Mendez: That would require four votes as well -- a one-year as well.
Commissioner Reyes: Mr. Chairman, I think in -- if -- we want to be fair here. We
want to be fair, because obviously, for -- I mean, to the neighbors and to Ultra. I
think that we should -- since they -- I don't see that there was an honest effort to try
to work things out. And I said, "Okay, one year, and then we start" -- even from the
Administration -- one year, and then we keep on looking, either for alternative
venues or for other things, I mean, that could make it. I don't know. I think that we
should consider deferring this, because this is not ready for a vote, or we just vote it
down, and that's it.
Vice Chair Russell: Question.
Chair Hardemon: You're recognized.
Vice Chair Russell: Madam City Attorney, I sent you a text the other day and asked
you, is the Ultra vote three-fifths or four-fifths as is or for one year? And your
response was, "Four-fifths definitely for multi-year. If it's a one-year, technically,
you can say that it's not a four-fifths, because it's a permit for a month with a load -
in, a load -out, and just a date and time. " This is the first time today you're telling
me that even a one-year would need a four-fifths vote. Why? What's the change?
Ms. Mendez: I think -- give me one second.
Commissioner Gort: It's not a multiple year contract. That's what it is.
Ms. Mendez: And right after that, I texted you, I need to double check that point, if
it is a one-year agreement only. " So I did not give you a full answer on that text.
Anyhow, with respect to the further research is that this is a large agreement. There
is other persons that would want this same type of agreement, ala Rolling Loud and
any other type of big event and festival like this. A Coachella may want this venue,
as well as Lollapalooza. So for that reason, whether it's a one-year or whether it's a
five-year, you need four votes in order to waive any type of bidding. This isn't a
straight use agreement. Like they don't come in and say, "Give me any day. I'll get
any day you want." They want a specific date and time. They want it for a specific
period of time. So that is why it requires a four-fifths. Everything Mr. Dubbin said
about the Charter, ignore it, because he's incorrect.
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Chair Hardemon: So your position is that this is a four-fifths vote, no matter which
way?
Ms. Mendez: Right, whether it's a one-year or whether it's a five year.
Mr. Martinez: Can --
Chair Hardemon: No.
Chair Hardemon: So at this point, we're either deciding to move forward today, or if
there is a desire to have this continued to another day to learn more facts, to
consider more research, then we do that.
Vice Chair Russell: Mr. Chairman, if this is today, I'm a "no, " because this is a joke.
And if I were Ultra -- They're an amazing festival that brings such great business to
the hotels and businesses of an area and to the brand of a city. Russell, this is -- if I
were you, I wouldn't want to work with this. This is so confusing, and this so poorly
organized; we're getting different messages all the time. If this is a lease or a
contract with the City, the Administration should be -- should have been negotiating
this with their Procurement and with their skills and with the Real Estate Asset
Management team; not any one of us Commissioners, not a trust of the -- so what we
would have before us has been well -vetted by our Administration to be a sound
contract that takes everything into consideration. Yet, we're all looking at it -- this
from different parts. We're trying to throw this together at the last second. All I can
do at this point is stand with my residents and say, "This isn't acceptable. " I do not
want to see the death of Ultra, but I cannot accept this. I cannot approve this today.
Chair Hardemon: Is there a motion? Is there any motion that anyone wants to
make?
Commissioner Gort: I'll tell you what I'll do. I'll make a motion that it be for one
year only, and they have to comply with the original draft that was created with the
neighbors and Ultra and all of us.
Chair Hardemon: I don't even know what that original draft was.
Commissioner Carollo: That's the one --
Commissioner Gort: So we don't have that.
Commissioner Carollo: -- that --
Commissioner Gort: The original one, the one we worked out with -- the neighbors
had the input and all that. If they didn't have any input in it, then forget it.
Commissioner Reyes: Did you have input in it?
Unidentified Speaker: We had input, but not on the record.
Commissioner Reyes: You see, because when I met with you guys -- excuse me -- I
mean, that was part of the -- of our conversation, that -- I mean, the ones that were
with me; not the ones that were not with me; the ones that were in my office. Part of
the conversation is, let's try to work and lower the decibels, try to -- the hours, like
Sundays, for example, and leave at 10; less time in the park, and all of those things
that you brought up to me, you see. I said, "Okay. You can stay that, and that you
will be able -- I don't know -- be happy, but you never be happy with this, but at least
you could -- that was the impression that I got; that you will be -- you could at least
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live with it for a little while, while we, at the sante time, pressuring for a new venue.
That's -- that was the impression that I got when we met.
Ken Schwartz: I'd like to state for the record, my name is Ken Schwartz. If you
recall from the last Commission meeting, Commissioner Carollo has -- had asked us
to get together as a group, Ultra and the community, in order to work things out. At
-- despite his best attempts to get us together, we met -- was it Tuesday? -- Tuesday
evening, and the contract was still not ready. It had not yet been released from the
City Attorney's Office. So therefore, the contract that's before you now, it includes, I
think, if I may, only the hours of operation, which cuts off at 10, but does not include
anything else that we had requested.
Commissioner Carollo: The decibel amount that was put in the contract --
Commissioner Gort: They don't agree with it.
Commissioner Carollo: What was the amount that they put in the contract again?
Mr. Schwartz: We --
Chair Hardemon: 60. Let me see.
Mr. Schwartz: No. Our request was for 65 decibels.
Commissioner Carollo: 65. What was put in the contract, Madam City Attorney?
Ms. Mendez: The --
Vice Chair Russell: It's my recollection --
Ms. Mendez: -- counter that was sent to them was 95, I believe.
Commissioner Carollo: But what did you put down finally? Was it the 95?
Chair Hardemon: 95 is in this draft (UNINTELLIGIBLE).
Commissioner Carollo: That's what I believe, 95.
Ms. Mendez: Yes, 95 was what we sent.
Commissioner Carollo: Okay. Ultra wanted 110 --
Ms. Mendez: Right.
Commissioner Carollo: -- the neighbors were asking for 65; we went with 95. I
mean, the problem that we have here is that no matter how you kick this can around,
there ain't going to be no coming of minds. It's -- you know, you're either white [sic]
or cold on this one, you know -- hot or cold. It's one or the other. And if someone --
I mean, I think the majority of the members here, from what I'm gathering, know,
more or less, where they stand. What it comes down to is that either there is going to
be a concession to Ultra or a concession to the neighbors, but more than the middle
road that we try to take, I don't see too much more that could be done here, and I'll
give you an example. When I left the meeting on Friday with the Ultra personnel,
City Attorney, the Executive Director from Ultra, and others, we were very specific
in where we stood. They told us where they stood. They -- only a couple of major
issues left, so I thought that they were getting with the City Attorney the following
day. Well, the following day became a can of worms. There were all kinds of more
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stuff that Ultra wanted to change. Yeah, they finally give in on the concession of
their part -- I call it something different -- of paying and guaranteeing the 2 million,
but they wanted all kinds of more money that they had originally been paying and
had to pay to be taken from other parts. This is why the night that we met, the
representative from Ultra were telling you they didn't have any of the information.
Well, I wasn't at those meetings. And I have other things to do for the City besides
Ultra. They told you they didn't know. And I got on the phone with the City Attorney
and told you that I would make sure that first thing the next day in the morning, she
will send you what was there, and that this had to come to an end by the following
day in the afternoon, because we couldn't keep at it like this, and this is precisely
what I tried to avoid. But even if we would have had another month, we would be
back and we'd be in the same place that we are here today, because Ultra needs or
wants certain things in the contract; the neighbors are not willing to accept that, so
itfalls in this Commission to decide one way or another. Maybe someone here could
break themselves in two. I don't know. I haven't figured out how to ever do that, but
-- I mean, this has been going on in negotiations and going around and around and
around I don't know how long. I don't know how much more we can negotiate this. I
mean, I just assume that the key points that each side has, they should present it to
us, and we decide up here.
Chair Hardemon: So I don't have a contract in front of me that is the original terms
of whatever was being presented. I don't have that before me. So right now, there's
a motion to approve that contract, but I don't see what that contract is.
Ms. Mendez: That contract is the one in your book, in your -- the original one that
says, like 10-10-10 on the dates. I could go over some of those points.
Commissioner Carollo: Was that the one-year contract or the one that was left
blank?
Ms. Mendez: That was the blank.
Commissioner Carollo: Okay.
Mr. Martinez: Mr. Chairman, if I may?
Chair Hardemon: Yes.
Commissioner Carollo: And that was done purposely, because at the time, they
didn't know which way they wanted to go. And if you remember before that, the
Manager was talking about a one-year contract that they had told him. Is that
correct, Mr. Manager, that they had told you the one or one year?
Emilio T. Gonzalez (City Manager): Yes, sir. That was a while back. Yes.
Commissioner Carollo: All right. Yeah, a while back.
Chair Hardemon: You're recognized, sir.
Mr. Martinez: Mr. Chairman, thank you. Just as a point, I think the two sticking
points that we've been arguing over -- obviously, we have agreed on the financial
impact, which was the $2 million -- I believe it's on the noise level and the hours of
operation. And we operate and have operated under the guidelines of the Bayfront
Park Trust, and there's a promoter handbook that is given to every promoter that
comes into Bayfront Park that produces an event. And in that handbook states the
guidelines and the regulations that are set. And in those guidelines, the hours are 12
midnight on Friday and Saturday, and 11 p.m. Sunday through Thursday, and the
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decibel levels are 110 decibels, measured 60 feet from the stage. That is the same
for every event that comes into the park, including Live Nation that operates the
amphitheater. We're just asking to be treated the same. That's our contention here.
You know, we want to be treated the same as Live Nation. We wanted to be treated
the same as other events that come into the park or may come into the park and put
on shows or concerts, or whatever the case may be. If that was to change for
everyone, then obviously we would have to abide by the rules of the park that
everybody abides by, but in this case, we feel that we're being singled out, you know,
and in essence, penalized because of the type of event we are. So I just wanted to
bring that to the board's information here. Thank you.
Chair Hardemon: Madam City Attorney, help me better understand why you believe
this is a multi-year -- well, why this would require four-fifths, because I'm thinking
through any event that requires, for instance, the rental of a space, and sometimes --
many times there's a setup -- right? -- I don't care if that setup is one day, two days,
three days, just depending on the level of equipment that's being used. What is it
about this event that makes you believe that it is a lease? Because my thought is this
Ms. Mendez: No, no, no. Nobody's saying this is a lease. Everything that Mr.
Dubbin has said about the lease, about management agreement, about all that is
wrong. He's wrong, absolutely wrong. This is not a lease. This is not a
management agreement; absolutely not. This is a use agreement.
Chair Hardemon: I misstated that.
Ms. Mendez: Unfortunately, it's a very --
Chair Hardemon: I misstated.
Ms. Mendez: Okay. Thank you.
Chair Hardemon: This use agreement. Why is it that you believe that this use
agreement must be a four-fifths vote versus a three-fifths vote?
Ms. Mendez: I am obviously being conservative with regard to this. However, the
reason why I think that it is four votes is because it is a very complicated agreement.
It involves particular dates and times; a load-in/load-out period that is much larger
than any of the other events that the Trust has. There's obviously down time with
regard to the park that is much longer. There has been issues with other big types of
events, like Rolling Loud, wanting to come into the park, and then there was
problems with the dates based on this event.
Chair Hardemon: Because I'm thinking about this, right? If I were looking to book
an event at the -- what is our water venue called?
Ms. Mendez: The Marine Stadium.
Chair Hardemon: The Marine Stadium, and I called into DREAM, because DREAM
control -- DREAM had the schedule to it, and I called them and I said, "What's
Rolling Loud's event days?" I'm sorry --
Mr. Martinez: Usually, the last weekend in March.
Chair Hardemon: -- Ultra. Okay. So I called and I said, "Hey, I want to book an
event at the water place" --
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Ms. Mendez: Marine Stadium.
Chair Hardemon: Yeah, Marine Stadium. Thank you. "[Want to book an event at
the Marine Stadium, " and they told me, "Well, I'm sorry; I can't book that date for
you, because Ultra has already booked it for an event." Or they said, "Sure, that
event is open. That event time is open; you can book it now. " Then Rolling Loud --
Ultra called in and Ultra said, "Hey, I want to book those dates, " and you said --
DREAM says, "Well, I'm sorry; it was already booked. " So my -- it just makes me
wonder -- I don't know -- I mean, who books it first? Obviously, someone has to call
in and book it. I don't think -- I wouldn't think that whoever manages that space
keeps it locked in for them to book it, because then that would -- I would believe that
to be more of a -- greater than what it is, a use agreement. But here it seems to be
that there's a day, they select that date, they're granted that date, and it has some
load -in and some load -out time in front of it, no matter how long it is. And so, you
know, I'm of the belief that no matter if you tell me if it's four votes or three votes,
there's a right answer. And it's the vote itself that says whether or not that the item
passes or it fails, no matter what I say. If I --for instance, so if you tell me it's three
-- it's four votes, there's three of it; now I announce that the motion failed, but then
there's some other knowledge that comes to be that shows that, no, three votes is only
that -- is only what's required, then the item actually passes. And so, I mean, I just
want to avoid that sort of headache, and what we say here is what actually is.
Ms. Mendez: I understand what you're saying. If they would want a date in May or
any date would do, then that's fine, but they want a particular date in March. And
over the years, those are the date --for the past 20 years, those are -- that's the time
frame that has been allotted for them.
Chair Hardemon: When Igo to book a reservation for Valentine's Day, I want that
date. Now, if the restaurant is full, it's full. It's a popular date.
Ms. Mendez: Right, but no nobody's holding that date for you, Chairman.
Chair Hardemon: That's the question.
Ms. Mendez: Nobody's holding that date for you, no matter how great you are,
unless it's available, and in this case, it's blocked out for them, so that's why it's a
four-fifths versus a simple -- If they would come for any date -- if any date was
available, then -- Now, obviously, I'm being conservative and somebody may
disagree with me on that point, but it's just other people have wanted similar dates,
dates that are close to it, so.
Commissioner Carollo: Mr. Chairman, Mr. Martinez made a fair comment that I'd
like the Executive Director from the Trust to answer it, since he's certainly been
there much longer than I have.
Jose Gell: Good afternoon, Commissioners. What Ray Martinez had stated --
Commissioner Carollo: Can you say your name for the record, please?
Mr. Gell: Certainly. Jose Gell, Interim Executive Director for Bayfront Park
Management Trust. What Mr. Martinez had stated is absolutely correct. Our
promoters' handbook does state that the curfew, for lack of a better word, is 12
o'clock, 12 o'clock -- excuse me -- is midnight for events; Friday night, Saturday
night, and Sunday at 11 o'clock, and the decibels are listed there, as well, as 110.
Now, what differentiates this event is that it is a multi -stage event; yet, we still have
the decibels at that level. Perhaps, that's something that can be looked at in the
future for our policy handbook to change, but that is correct. That is as stated.
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Commissioner Carollo: That's important, because it's something that the Trust
should look at, butt wanted to, you know, get all the facts on the record.
Chair Hardemon: Thank you.
Mr. Dubbin: If there's a motion, would we have the chance to comment on that?
Because some of the things Mr. Martinez said were inaccurate and incomplete,
because there are a lot more differences than just the two that he mentioned; that
they've agreed to none of the conditions that the neighbors responded to. And
almost, in a matter of hours --
Chair Hardemon: Right now we don't know what we're going to do, so I just -- I beg
your patience in this, because right now, there's no motion on the floor, right? We
can't do anything if there's no motion on the floor, and I'm not going to allow this to
continue to move forward without a motion on the floor. And so, if there are terms
that have -- I don't think there's any term that's going to come -- that's going to --
that the community and this body, Ultra is going to agree to. That's -- you know,
that's why we're always up here making these difficult decisions. And so, right now,
I think the only thing we can decide upon is the motion that was presented or some
more time to iron it out to determine whether or not what we're going to do moving
forward. You're recognized, sir.
Mr. Martinez: Mr. Chairman, with all due respect, if I could ask for a deferment
and, with your direction, to negotiate with the Administration to hopefully be able to
resolve --?
Commissioner Carollo: Well, here's the point, Ray, okay? You know, I might not
look to be the brightest guy around, but believe me, I'm nobody's fool. And what you
guys are trying to do now, with the help of Commissioner Russell, is to take this
away from the Trust so that now the Administration could give you the deal you guys
want, and the neighbors are going to be out in the cold. There's not going to be any
fairness. Now, Mr. Chairman, you tell me how we want to play. I mean, I've been as
fair as anyone could be. I brought this up to this body so this body could decide on
its own. I stated that whatever this body would decide, I would be a good soldier
and bring it back, and I would vote on whatever you wanted, but to be playing this
game -- and I've been (UNINTELLIGIBLE) from the threats that "We'll do away
with the Trust, " and I know where the idea came from -- to Commissioner Russell --
it came from Ultra at the time, because he certainly didn't know that. So I want to
put everything above board. You tell us what you need that you want us to negotiate
further and how; the residents tell us what else we need to do. The problem is here
that no matter where we end up one day, they keep changing it, and this is why
you're never going to get a contract here that's going to be ready for a vote, unless
they give it to the Administration, and then other people stick their hands in the
cooking [sic] jar and they get what they want. Maybe you'll come back, you know,
for two bucks instead of 2 million. I don't know. But, you know, we talk about
transparency. There's a whole campaign for a so-called strong Mayor. They don't
call it "strong Mayor" anymore; it's now "to recall. " And it says, "For
transparency. " Well, darn it, where's the transparency here? And you guys know
that I know what's going on. I've been fair to you, Ultra, and I've been fair to the
neighbors. No matter what I felt, I haven't played one side or the other. I've looked
upon this the way it should be looked upon. You know, Commissioner Russell, I have
a heck of a lot more experience in negotiating than negotiating how to sell yo-yos to
little kids. I've been able to negotiate head on with the Donald Trump himself, and
he came with the losing end more than once, so I think I could do pretty well with
some like Ultra. And this is why they've agreed to $2 million guaranteed, which is
almost three -times as much as they ever paid before; and frankly it's at the low end,
as I kept telling them, while they were crying, of what I think they should be paying.
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And I think I've shown already to this City that I can negotiate, and each of you know
that, but this is not about negotiating. It's about getting Ultra whatever they want. If
that's the case, let's not play any more gauzes. Yeah, laugh. Make the motion for
Ultra; be a man. Do what you really want to do.
Vice Chair Russell: The man who's the good negotiator should be willing to stand
by the contract he negotiated, so I don't understand why you're not supportive of the
contract that you 've negotiated.
Commissioner Carollo: The contract that I negotiated, sir -- I guess you're hard of
hearing, too. The contract I negotiated was not for me; was for this City, was for the
Trust, and it was a contract that had to be fair to all parties, because even though I
would not vote for it -- and this is the third time that I've explained it to you. Maybe
one of these, you'll understand it. I'm one vote up here, and if a majority of you
decided you wanted to approve it, then I had a responsibility to put the best contract
possible for the protection of the City, the Trust, the neighbors, and being as fair as
we possibly could be to Ultra's request, and that's what I did.
Chair Hardemon: I agree. I mean, the one thing I will say, Commissioner Carollo,
when it comes -- there have been many things that -- there are things that I know that
are not going to go in my favor, especially when it comes to contracts, et cetera.
And no matter, I still put it in details in the agreement that makes sense to me or my
residents that benefits those individuals, because if it is to pass, at least it had some
mitigating circumstances within it. So, you know, I don't fault you for bringing an
agreement that you did not necessarily want to support, but you bought [sic] it, so I -
- you know, I don't have an issue with that. The only issue that I have right now is
deciding how we're going to move forward, because we're still spinning our wheels
on this. I'll tell you -- and I'll say this in front of everyone. I mean, I've said many
things regarding Ultra, downtown, a mixed-use community that is downtown, if you -
- to call it lightly, and in the park that all of us in the City of Miami hopefully have
an opportunity to enjoy, but my -- you know, we have enough Commissioners that
look at these things from multiple angles, and the angle that I've always thought
about, and I've, you know, vocalized it many times -- not necessarily sitting here, but
in places where you should at least have heard me -- and that was regarding, really,
what Ultra does in the community. I respect the fact that Ultra is a for-profit
company. However, for the sort of -- and I've seen Ultra pay more and more dollars
for security. I've seen Ultra pay more and more dollars for policing, more and more
for use fees, etcetera.
Commissioner Carollo: They have.
Chair Hardemon: And, you know -- and I could understand why you squirm at the
sound of it costing you more money, but I've let it be known that there are many of
things that occur that Ultra could be involved in that really have a positive effect on
the community; that support 501(c)3s in events that are public that people don't pay
for, where everyone gets an opportunity to celebrate, where the impact that Ultra is
making philanthropically in the community could be felt, because I'll tell you, you
know, I've -- today presently, I don't have a lot of constituents that come to hear the
music at Ultra. The music at Ultra doesn't particularly move me, but you still make
lots of money displaying that music. And so, it's not up to me. It's not about me.
And certainly, there have been residents, I'm sure, that have benefited from work or
selling their wares or food and things of that nature, because of the economic input
that it -- I mean, impact that it does make in our community. However, one of the
things, for instance, that I've always been very vocal about is that, you know, we
have a number of different things within the City of Miami that are -- that take pride
in the City of Miami but also take pride in cultural neighborhoods, where these
neighborhoods have been really marginalized by media, marginalized by lack of
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investment, marginalized by -- when I say, "investment, " I mean on the private side
and on the public side. I'm one of those individuals that believes that the City of
Miami, Miami -Dade County, State of Florida, and the United States Government
owes communities of colors especially where they've caused the degradation of those
neighborhoods. If you've ever run a highway through it, if you've ever allowed drugs
to be manifested onto the streets and did nothing about it, and you've over -
criminalized the people for addiction, where today, you want to really give them
rehab; if you've done those to these neighborhoods, then you owe those
neighborhoods something to make those neighborhoods better to live in. It's a
shame that in many of our neighborhoods all across this nation, we have buildings
that have not been -- well, we have land that has not been built upon for 50 years,
where we have 501(c)3s, as was stated before -- we basically have land that has not
been invested into, and it all started with something that Government did or did not
do to protect those neighborhoods. Just now today, I heard someone get on the
microphone, and they said, "You can go outside and pick up baggies. Its
disgusting. " And they were representing this regarding Ultra in the downtown area.
And I'll tell you, Ultra didn't bring drugs downtown. You can go to downtown today
and find drugs. You can find them in -- on the street; not necessarily on the ground,
but you could certainly find them in the households. But the downtown residents are
not the ones that are being over -criminalized when it comes to having drugs. The
police also in the downtown area won't tolerate drug use in the public streets, but
you can take yourself less than five minutes northwest of downtown; and right now
today, at this very minute, I can guarantee you, you'll have a village of people who
decided they're going to sit, lay, stand, and picnic in the streets of a community
called "Overtown, " and all they are doing is buying, selling, and using drugs right
there in the public streets, where so much so that a young child ingested drugs and
died. You think that the State Attorney's Office, besides the parade of show that they
had about finding the person that was the cause of this, you would think that that
area will be shut down. No, it has not been shut down. It is still what it is. It is still
allowed. It is still a very real thing that people in this neighborhood have to deal
with every single day, but it's not sexy. It's not downtown. Right? And so, it's
neighborhoods like those that we want to really and truly uplift to ensure that the tax
value in the City of Miami is something that all of us can depend on and not just
depend on the thousands of residents that are moving to the downtown area or that
buy condos in the downtown area to help support the City of Miami. And so, I've
always said that Ultra can have a footprint there. Ultra can be a part of the
renaissance of a place like Overtown. Overtown has like the Overtown Music and
Arts Festival, for instance. And the Overtown Music and Arts Festival is an event
that highlights Historic Overtown and the progress that that community is making.
It allows people to come in, much like yours, and spend money, vendors to sell
goods, et cetera. They even have -- it's the only -- there's no other concert like the
Overtown Music and Arts Festival that brings in top talent from all over the world,
where children can actually come to the concert, where there is a children's festival
that occurs simultaneously as that. The GMCVB (Greater Miami Convention &
Visitors Bureau) seems to support multiple -day festivals. They certainly support
Ultra, and they support a number of different other venues. Well, these sorts of
events are also encouraging the spending of dollars, but more importantly, the
enhancement of neighborhoods, like Little Havana, like Overtown, like what goes on
in the Little Haiti community. So what I'm saying to you is that I've always looked
for partners in making those sorts of events spectacular, and I think that when you
start to have those sorts of partnerships -- when that festival goes from a one -day
event to a multiple -day event, and people will continue to come and travel from
outside the state to be there, and your brand is now side by side with someone who's
saying, "We're doing something positive for a community, " instead of just taking
from it, theoretically -- I know you're giving in tax value. I know you're giving in
revenue. I know you're giving in all these things, but, you know, many times you
have to do a little bit more than just that. And so, it's about being a good corporate
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citizen, I think, and when you're able to do that, you fill a place, not with people --
and I'm not saying this is what you've done -- but you fill a place, not with people
that you've paid to be there, not with people that are on your staff or that receive a
salary or a benefit, but with people who are from the community, from the City of
Miami that say, "You know what? Look, Ultra and its presence in the downtown
area brings a benefit not only to the downtown -- or to revenue -- but it brings a
benefit to lots of organizations. " It brings a benefit to Optimist clubs. It brings a
benefit to all these people that Ultra has had this partnership with, and I'm sure
Ultra has done something. I saw pictures of an event where you provided haircuts,
right? But, you know, hair grows back in a week, right?
Mr. Martinez: Mr. Chairman --
Chair Hardemon: So --
Mr. Martinez: -- I couldn't agree with you more, and that's something that we have
recognized as an organization and as a company, that we have to do more in the City
of Miami, that we have to give back. So we're learning and trying to learn how to do
that, and we're trying to partner with each of the districts, you know, and find the
needs and where to do we fit in in being able to do more and give back to the
community, especially those that are in need, the youth of our community, and the
elderly that, you know, always seem to be the ones that are in the greatest need
under both ends of the spectrum. So that is something that we're committed to, and
we commit to you to continue to do that.
Chair Hardemon: I think that -- and if you're able to do that, you're not just paying,
you know, an expense; you're not just paying a fee. I mean, you're actually using
something that can have a benefit to you in many different ways.
Mr. Martinez: Correct.
Chair Hardemon: And the bottom line is -- because I would like to have a different
narrative about what this event brings. Every year it's the same narrative. And the
one thing I've never been able to say is that, "You know what? This is one of our
philanthropic partners within our neighborhoods, and they use their show to help
produce these things. " And it just has not occurred, you know, and that's what I'm
looking for. And so, I know people have said on this dais how they're willing to vote
on things, but I'll tell you, that's one of the things that really, to me, makes me feel
one way or the other. Now, what the residents are saying -- I used to live in the
downtown area, and I was one of those individuals that also liked to sit on my
balcony and hear the hustle and bustle of the downtown area and what was
happening; and obviously, I've heard Ultra through my living experiences in the
downtown area. And so, I can understand why the residents feel the way they feel,
but there's much to be said from many different angles, and that's what we're here to
really talk about. And so, you know, right now, we seem to not have any direction.
And if more time is going to give us a sense of direction, then we should do that,
because right now, we've been talking about this issue for a very long time today and
not have come up with some sort of resolution. And so, if there is some sort of desire
to continue this for another day to add in things that make sense, then we need to do
that.
Commissioner Carollo: I'd like --
Chair Hardemon: If not, then we need to vote `yea" or "nay" on what's on the
agenda.
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Commissioner Carollo: --for the Mayor to come down to hear from him. He wants
to be a strong Mayor, this is the time to be strong and let us know how he feels; let us
know if he has any input that he wants to put into it, one way or another.
Mr. Dubbin: Could I address the question of deferral, which I think is being floated,
Mr. Chairman?
Commissioner Gort: No, no. No, no. Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Gort: We've been discussing this for years, and I understand all the
economic benefits that it brings to the community, but the same understanding, we
need -- downtown is changing quite a bit. They all had an opportunity to get
together to come up with something; they have not come up with anything, and for
that reason, I'll make a motion to deny it.
Chair Hardemon: It's been properly moved to deny PH 3. Is there a second?
Commissioner Carollo: Its a second.
Chair Hardemon: It's been properly moved and seconded. Is there any further
discussion about the motion that's on the floor? Hearing none, all in favor of the
motion to deny -- and I'll be clear; a motion to deny is only a majority vote.
Commissioner Carollo: Can you have a roll call on this, Chair?
Chair Hardemon: If it's your desire.
Commissioner Carollo: I appreciate it. Thank you.
Chair Hardemon: Roll call vote.
Mr. Hannon: Roll call on Item PH.3. Commissioner Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Reyes?
Commissioner Reyes: Yes.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes.
Mr. Hannon: Commissioner Gort?
Commissioner Gort: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: For. Motion passes.
Emilio T. Gonzalez (City Manager): Commissioner Carollo, if you would, sir?
Commissioner Carollo: Yes, sir.
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Mr. Gonzalez: I'm told the Mayor is outside the building at a TPO (Transportation
Planning Organization) meeting.
Commissioner Carollo: Oh, okay.
Commissioner Gort: A little late.
Mr. Gonzalez: Yes, sir.
Commissioner Carollo: Thank you for telling us.
PHA
RESOLUTION
4509
TO BE INDEFINITELY DEFERRED
City Manager's
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
AYES:
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
ABSENT:
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE HOST CITY AGREEMENT AND THE PARK USE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BY AND BETWEEN THE CITY OF MIAMI, THE
BAYFRONT PARK MANAGEMENT TRUST, SOUTH FLORIDA
RACING, LLC., AND FORMULA ONE WORLD CHAMPIONSHIP
LIMITED, FOR A TEN (10) YEAR CONTRACT FOR THE RUNNING
OF THE FORMULA 1 MIAMI GRAND PRIX STARTING IN
OCTOBER OF 2018 WITH A FAN FESTIVAL AT BAYFRONT PARK
AND COMMENCING WITH FORMULA ONE GRAND PRIX RACING
FROM OCTOBER 2019 THROUGH OCTOBER 2029 WITH AN
OPTION FOR A FURTHER TEN (10) YEAR EXTENSION AND WITH
TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN
SAID AGREEMENT.
MOTION TO:
Indefinitely Defer
RESULT:
INDEFINITELY DEFERRED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item PK4, please see
"Order of the Day. "
END OF PUBLIC HEARINGS
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E,'isI'ixK9]kiII1:7mr_1311ki[eye]N311ki/_1ki[ *I
SRA
ORDINANCE Second Reading
4493
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
and Mayor
AS AMENDED, TITLED "LOCAL BUSINESS TAX AND
AYES:
MISCELLANEOUS BUSINESS REGULATIONS," SPECIFICALLY
ABSENT:
BY CREATING ARTICLE IV, TITLED "SHOPPING CARTS,"
REQUIRING THE MAINTENANCE OF A SYSTEM TO RETAIN
SHOPPING CARTS WITHIN THE PREMISES OF COMMERCIAL
ESTABLISHMENTS AND THE COLLECTION OF SHOPPING
CARTS FOUND TO BE OFF PREMISES AND ON PUBLIC
PROPERTY BY THE CITY OF MIAMI ("CITY"), MORE
PARTICULARLY BY ESTABLISHING DEFINITIONS, PROVIDING
FOR THE ADMINISTRATION OF THE PROGRAM AND
ENFORCEMENT, METHODS OF COMPLIANCE, IDENTIFICATION
MARKINGS ON CARTS, VIOLATIONS, UNCOLLECTED CARTS,
EXEMPTIONS, REMOVAL, STORAGE, AND DISPOSAL OF CARTS
FOUND ON PUBLIC PROPERTY; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13788
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Chair Hardenzon: SR. 1, please read into the record.
The Ordinance was read by title into the public record by the City Attorney.
Victoria Mendez (City Attorney): This is sponsored by Commissioner Manolo Reyes.
Commissioner Carollo: I second it.
Commissioner Reyes: Second.
Commissioner Carollo: No, no. You made the motion; I second it.
Commissioner Gort: You moved it. You moved it. He seconded.
Commissioner Reyes: Okay.
Commissioner Gort: Any discussion?
Chair Hardenzon: It's been properly move and seconded. Is there any unreadiness?
Any discussion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
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City Commission Meeting Minutes September 27, 2018
Chair Hardemon: Motion passes.
SR.2
ORDINANCE Second Reading
4588
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Off -Street Parking
CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI,
"MOTOR
Board/Miami
FLORIDA, AS AMENDED, TITLED VEHICLES AND
Parking Authority
TRAFFIC/PARKING RATES," MORE PARTICULARLY BY
AMENDING SECTIONS 35-191 THROUGH 35-196 TO UPDATE
RATES AND FACILITIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Notes for the Record. Item SR.2 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item SR.2, please see "Public Comment Period for
Regular Item(s). "
END OF SECOND READING ORDINANCES
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I a :M a I z&11 9 N;W311ki[eye]V311ki Fill ki[*&I
FRA
ORDINANCE First Reading
3225
TO BE WITHDRAWN
Commissioners
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor
CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF
AYES:
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
ABSENT:
"PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND,"
MORE PARTICULARLY BY CREATING NEW SECTION 62-647 OF
THE CITY CODE, ENTITLED "UNDERLINE PUBLIC BENEFITS
TRUST FUND; INTENT," SECTION 62-648 OR THE CITY CODE,
ENTITLED "ESTABLISHED," AND SECTION 62-649 OF THE CITY
CODE, ENTITLED "FINANCIAL REPORT," ESTABLISHING THE
UNDERLINE PUBLIC BENEFITS TRUST FUND; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO:
Withdraw
RESULT:
WITHDRAWN
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item FR.], please see "Order of the
Day. "
FR.2
ORDINANCE First Reading
4826
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 10, ARTICLE 5 OF THE CODE OF THE CITY OF MIAMI,
and Mayor
FLORIDA, AS AMENDED, ENTITLED "CODE RELIEF PROGRAM,"
AYES:
TO ALLOW FOR AN EXTENSION OF THE PROGRAM FOR
ABSENT:
LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR
DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF
EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES
DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Chair Hardemon: FR. 2, please read into the record.
Victoria Mendez (City Attorney): Chairman, which item?
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City Commission Meeting Minutes September 27, 2018
Chair Hardemon: FR.2.
Ms. Mendez: FR.2.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Sponsors: Commissioners Gort, Reyes, Carollo, and Mayor Francis
Suarez.
Commissioner Reyes: Move it.
Commissioner Gort: One of the reason we vote this is -- I'm sure you all have the
sante problem in your neighborhood. There's a lot of buildings that were built way
back before the '30s, the '40s, and the '50s, which they have some additional housing
in back of it, and now it's -- the Code enforcement is being enforced a lot more.
They going around and trying to hit this with penalties and so on, and I think that we
should give them an opportunity to come to the Building Department, get all the
documents together so we can legalize the -- according to the regulations.
Commissioner Carollo: I'm all in favor.
Commissioner Reyes: I move it.
Commissioner Carollo: Madam City Attorney -- There's a motion; Commissioner
Gort seconds it. Madam City Attorney, what are the deadlines that this will go to?
Ms. Mendez: Well, right now, I believe that the pilot project is for one year, so it's
until 2019.
Commissioner Carollo: Right. But what I'm saying to -- up to what years does it
cover? I understood there was a break -off in years.
Commissioner Gort: Yeah.
Ms. Mendez: Yes. 2002, I believe, was the cutoff.
Commissioner Carollo: My only question for asking is, if you would like to extend it
more; 2010; more, less?
Ms. Mendez: Oh.
Commissioner Gort: No, no.
Ms. Mendez: The 2002, it's the date where they're looking at the violations having
occurred, so it's actually longer.
Commissioner Carollo: That's what I m talking about.
Commissioner Reyes: To make it clear is that 2002 is -- are those buildings that
were built prior to 2002 or after 2002?
Ms. Mendez: It's prior.
Commissioner Reyes: That's what --
Ms. Mendez: It's supposed to be prior, but Dr. Ihekwaba can explain.
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Commissioner Carollo: We're talking only about homestead --
Commissioner Reyes: Exemption.
Commissioner Carollo: -- residential homestead --
Ms. Mendez: Yes
Commissioner Carollo: -- exempt properties.
Ms. Mendez: Yes.
Commissioner Reyes: That's right.
Commissioner Carollo: Yeah, homestead exempt.
Commissioner Gort: Homestead exempt properties.
Commissioner Carollo: Yeah.
Commissioner Reyes: Homestead exempt properties.
Emilio T. Gonzalez (City Manager): Excuse me, sir. If I may, Commissioner. One
of the things that we have to do is have more public outreach, because the public
needs to understand that we're not giving anybody a pass. This is not a waiver.
We're encouraging you to get right with Code, and that's something that we need to
make sure people understand.
Commissioner Carollo: But -- that's correct, but you're going to have to do that
after we --
Mr. Gonzalez: Yes, sir.
Commissioner Carollo: --finalize it.
Mr. Gonzalez: Yes, sir.
Commissioner Gort: Let me -- how it works. You got your Code Enforcement
people go into somebody's neighbor home, because somebody call them and told
them, `A4y neighbor, " or whatever, because something against them. Code
Enforcement people could be trained in enforcing. They could be trained to go
there, because now it's Code Enforcement compliance, and let the people know,
"You have a violation. You have the right to fix this, and this is the process that you
have to take. " In other words, we have to train our individuals when they goes to
someone with a violation to explain to them what is the action to take.
Mr. Gonzalez: Yes, sir; and that's on us.
Commissioner Gort: Yeah.
Commissioner Reyes: That's right. And make sure that it states that it is -- those are
homestead exemptions, exempted properties.
Commissioner Carollo: Last but not least, do you want to go beyond March 2, 2002,
so that --? I'm asking the Commission.
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Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Good afternoon,
Commissioners. Zerry Ihekwaba --
Commissioner Carollo: Yeah. Zerry, I'm asking the Commission.
Commissioner Reyes: I am in agreement to go beyond --
Mr. Ihekwaba: You are asking --
Commissioner Reyes: --up to 2010 or something.
Commissioner Carollo: I'm asking the Commission. If we need input from the
Administration, we'll --
Chair Hardemon: I wanted to --
Commissioner Carollo: -- certainly ask it.
Chair Hardemon: -- at a time -- something in the future.
Mr. Ihekwaba: I'm notyet a Commissioner.
Commissioner Reyes: I don't know --
Chair Hardemon: Give me four months. Let's say four months from today. Include
everything four months from today.
Commissioner Reyes: Commissioner Gort, will you go --
Mr. Ihekwaba: May I?
Chair Hardemon: Please.
Commissioner Reyes: -- beyond 2002? I mean, don't you think that --? I mean, we
are -- we have a date. It is 2002, right?
Commissioner Gort: My understanding is, that's the --from going back from 2002.
Commissioner Reyes: That's right.
Commissioner Gort: Okay. My understanding, the attorney explained to me that it's
better to extend it by year to see the first year, how it goes --
Commissioner Reyes: Okay.
Commissioner Gort: -- and any problems, so we might have to trick it
Commissioner Reyes: We can modify it, and if (UNINTELLIGIBLE). Okay.
Chair Hardemon: Okay. So now it's six months from now. No? No takers? Okay.
Seeing no further discussion, all in favor; say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Todd B. Hannon (City Clerk): That's as is; no amendments.
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City Commission Meeting Minutes September 27, 2018
Chair Hardenzon: That is correct.
Mr. Hannon: Thank you.
FR.3
ORDINANCE First Reading
4620
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY
Resilience and
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") ENTITLED
Public Works
"ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS
ABSENT:
DEPARTMENT"; FURTHER AMENDING CHAPTER 22.5/ARTICLE
VI OF THE CITY CODE, ENTITLED "GREEN INITIATIVES/SOIL
EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST
GENERATION CONTROL"; FURTHER AMENDING CHAPTER
54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, ENTITLED
"STREETS AND SIDEWALKS/GENERAL/ PERMIT REQUIRED FOR
WORK THAT OBSTRUCTS OR CLOSES A STREET, OR
SIDEWALK OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES";
FURTHER AMENDING CHAPTER 54/ARTICLE II/SECTIONS 54-43
AND 54-56 OF THE CITY CODE, ENTITLED "CONSTRUCTION,
EXCAVATION AND REPAIR/PERMIT FEE FOR STREET
EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING
OF PARKWAY OR SHOULDER AREA, BUILDING LINE AND
GRADE SURVEY, SIDEWALK CONSTRUCTION SURVEY,
DRIVEWAY CONSTRUCTION, FLUME EXCAVATION, UTILITY
PLACEMENT; UNDERGROUND UTILITY SERVICE CONNECTION
EXCAVATION, GROUNDWATER MONITORING WELLS; PERMIT
RENEWAL; AFTER -THE -FACT PERMIT, AND REINSPECTION
FEES; WAIVER OF FEES' AND "CONSTRUCTION,
RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS
REQUIRED WHEN ADJACENT PROPERTY IS IMPROVED BY
CONSTRUCTION OF $100,000.00 OR MORE IN VALUE OR
EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA;
RESTRICTION"; AND FURTHER AMENDING CHAPTER
62/ARTICLE VI OF THE CITY CODE, ENTITLED "ZONING AND
PLANNING FEES," TO ADJUST CERTAIN FEES RELATED TO
THE PROCESSING AND RECORDATION OF PLATS,
STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF-
WAY PERMITS, AND FOR THE PROCESSING AND REVIEW OF
OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT OF
RESILIENCE AND PUBLIC WORKS; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Chair Hardenzon: Madam City Attorney, read FR.3 into the record.
Victoria Mendez (City Attorney): FR. 3.
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The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there a motion to approve?
Commissioner Carollo: There's a motion by Commissioner Reyes --
Commissioner Gort: Move it.
Commissioner Carollo: -- second by Commissioner Gort. I vote "yes. " Come back
in two minutes.
Chair Hardemon: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
FRA
ORDINANCE First Reading
4839
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
MOVER:
CHAPTER 10/ARTICLE (/SECTION 4 OF THE CODE OF THE CITY
Commissioners
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "IN GENERAL,"
and Mayor
TO AMEND THE CODE AND PROVIDE FOR THE EXPEDITED
ABSENT:
OVERNIGHT REVIEW OF BUILDING PLANS BY THE BUILDING
DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Reyes
ABSENT:
Russell, Carollo
Chair Hardemon: FR. 4, please read into the record.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Reyes: I move it.
Chair Hardemon: Been properly moved; seconded by the Chair.
Commissioner Gort: Second.
Chair Hardemon: Commissioner Gort seconded it. Any further discussion?
Hearing none, all in favor, say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
END OF FIRST READING ORDINANCES
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I N;&*QWill 111101ki&'
REA
RESOLUTION
4682
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners
AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF
and Mayor
THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE
AYES:
GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE
ABSENT:
THOUSAND DOLLARS ($5,000.00) TO CATHOLIC CHARITIES OF
THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR
PROFIT CORPORATION, FOR NOTRE DAME D'HAITI CATHOLIC
CHURCH IN SUPPORT OF ITS BACK TO SCHOOL EVENT;
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-18-0414
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item RE.], please see "End of
Consent Agenda. "
RE.2
RESOLUTION
4683
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF
Commissioners
THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE
and Mayor
GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE
ABSENT:
THOUSAND DOLLARS ($5,000.00) TO BREAKTHROUGH MIAMI,
INC. FOR ITS ACADEMIC ENRICHMENT 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-18-0415
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item RE.2, please see "End of
Consent Agenda. "
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RE.3 RESOLUTION
4553 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Midtown ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED
Community BUDGET OF THE MIDTOWN COMMUNITY REDEVELOPMENT
Redevelopment AGENCY ("CRA") ATTACHED AND INCORPORATED AS EXHIBIT
Agency "A", IN THE AMOUNT OF $6,628,202.00 FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30,
2018, AS APPROVED BY THE CRA'S BOARD OF
COMMISSIONERS.
ENACTMENT NUMBER: R-18-0416
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Reyes
ABSENT:
Russell, Carollo
Chair Hardenzon: Is there a motion to approve RE.3?
Commissioner Reyes: RE.3.
Todd B. Hannon (City Clerk): And Chair, I just need to make an amendment on
RE.3; just a moment. RE.3 needs to be amended to include the following resolution
number: MCRA -R-18-0001.
Commissioner Reyes: That's the budget for the --
Chair Hardenzon: That's correct.
Commissioner Reyes: -- CRA (Community Redevelopment Agency)? I move it.
Chair Hardenzon: Properly moved.
Commissioner Gort: Second.
Chair Hardenzon: Seconded. Any further discussion? Hearing none, all in favor,
say „aye. "
The Commission (Collectively): Aye.
Commissioner Gort: I thought we approved it -- well, we approved the CRA
meeting.
Chair Hardenzon: Yeah, yeah.
Commissioner Gort: Okay.
Chair Hardenzon: Okay.
Chair Hardenzon: I think RE.5 --
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Commissioner Reyes: Yes, sir.
Chair Hardemon: -- RE.5 was --
Commissioner Reyes: The parklets.
Chair Hardemon: Right, but wasn't -- the District 2 Commissioner --
Commissioner Reyes: District 2 --
Chair Hardemon: -- was most concerned about that, so --
Commissioner Reyes: -- and the Mayor was the one that were --
Chair Hardemon: What about R --? No, RE.6 and RE.7 probably need a full
Commission regarding those items, and so is RE. 9.
Commissioner Reyes: Yes.
Chair Hardemon: So right now, because everyone is away, because I'm sure
because of the hot vote we just had, let's just take a 10 -minute recess.
Commissioner Reyes: Okay.
Commissioner Gort: Thank you.
REA RESOLUTION
4557 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
Commissioners THE CITY ATTORNEY TO TAKE NO FURTHER ACTION AND TO
and Mayor STAY THE SETTLEMENT AGREEMENT ENTERED INTO
BETWEEN ALTERNATIVE PROGRAMS, INC., AND THE CITY OF
MIAMI IN CIRCUIT COURT CASE NUMBER 2017 -012398 -CA -01
(32) FOR A PERIOD OF EIGHTEEN (18) MONTHS.
ENACTMENT NUMBER: R-18-0417
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For minutes referencing Item RE. 4, please see "End of
Consent Agenda. "
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RE.5
RESOLUTION
4200
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING AND ESTABLISHING A ONE (1)
Resilience and
YEAR PILOT PROGRAM FOR PARKLETS ("PILOT") TO BE
Public Works
ADMINISTERED BY THE CITY OF MIAMI ("CITY") DEPARTMENT
NAYS:
OF RESILIENCE AND PUBLIC WORKS ("DEPARTMENT");
ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS,
GENERAL PHYSICAL REQUIREMENTS, FABRICATION, AND
CONSTRUCTION AND INSTALLATION STANDARDS; PROVIDING
FOR AN APPLICATION FEE; ESTABLISHING A PROCESS FOR
THE EVALUATION AND REVIEW OF APPLICATIONS; REQUIRING
EXECUTION OF A PARKLET PERMIT AS A CONDITION
PRECEDENT TO CONSTRUCTION, INSTALLATION, AND
OPERATION OF A PARKLET; DELEGATING AUTHORITY FOR
EXECUTION OF PARKLET PERMITS TO THE CITY MANAGER OR
DESIGNEE; ESTABLISHING A MAXIMUM NUMBER OF FIVE (5)
PARKLETS UNDER THE PILOT, SUBJECT TO THE AUTHORITY
OF THE CITY MANAGER OR DESIGNEE FOR AUTHORIZATION
OF AN ADDITIONAL FIVE (5) PARKLETS, UPON GOOD CAUSE
SHOWN BY THE DEPARTMENT; ESTABLISHING SUCH OTHER
TERMS AND CONDITIONS PURSUANT TO THE PARKLET
REVOCABLE LICENSE AS DEEMED NECESSARY; PROVIDING
FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0427
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort
NAYS:
Carollo, Reyes
Chair Hardenzon: RE.5, parklets.
Vice Chair Russell: I'll move the item.
Chair Hardemon: It's been properly moved --
Commissioner Gort: RE.5, I thought it was deferred.
Commissioner Carollo: Excuse me. Hold on. Let me --
Chair Hardemon: Oh, RE.5 --
Vice Chair Russell: You're not (UNINTELLIGIBLE).
Commissioner Carollo: Let me get to RE.5 here.
Chair Hardemon: The Chair will second the motion.
Vice Chair Russell: I believe Commissioner Reyes had wanted to speak about this as
well. (UNINTELLIGIBLE) bring it up --
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Chair Hardemon: Is that what it was?
Vice Chair Russell: -- or maybe it doesn't matter.
Chair Hardemon: There he is now. RE.5, install and operate parklets
(UNINTELLIGIBLE).
Commissioner Reyes: RE.5?
Chair Hardemon: Yes.
Commissioner Reyes: Okay.
Chair Hardemon: It's been properly moved and seconded.
Commissioner Reyes: RE.5?
Chair Hardemon: RE.5.
Vice Chair Russell: Discussion (UNINTELLIGIBLE).
Commissioner Reyes: I have a little problem with the RE.5.
Chair Hardemon: What's the problem?
Commissioner Reyes: As I was informed, this is to get one of the parking spaces
rented and allow tables and every -- whatever it is to be placed on our streets, and
then it's -- be like an addition to one of those sidewalk cafes. I wouldn't have any
problem if we had enough parking spaces, and I wouldn't have any problem if it will
not be -- that will be very dangerous, you see. And I was informed that was going to
take place on areas that the speed limit is 25 miles per hour. That's what Zerry told
me. But the whole City, all the cities of -- I mean, not the main thoroughfares, but all
the rest of the cities are going to 25 miles an hour. And particularly in downtown,
you see, you go down to downtown, there is not a place to park. We cannot park
anyplace in downtown, because most of the parking spaces, they have been rented
for valet, and now you cannot park there. And now, on top of that, we're going to
use this? And somebody told me that it was very popular someplace. I don't know
where; maybe in Timbuktu, or something, but we're in Miami, you see. What works
in someplace, we don't have to import it to Miami. We have to be pragmatic. What
are our resources? Our resources are in downtown Miami; in many areas, there is
no parking, because the parking -- I mean, I don't know if that's a brilliant idea that
we allow buildings to go up and increase density, and then we demand a parking
space per apartment, you see. One parking space for apartment. "Oh, yes, because
people are going to walk. " Don't believe that. If you believe in that, you believe in
Santa Clause, too, okay, that people are going to walk 10 blocks to the -- or they're
going to ride a bicycle for five miles. That ain't going to happen. That's not going to
happen in Miami. And now, what happened with those people that live in those
apartments that they have only access to one parking space in that building, it spills
into the community. It spills onto the streets, and now we're going to take parking
spaces from them. Where are they going to park? I mean, I think that this is -- it
might be well-intentioned, but I think that this is a had idea, you see. And I mean, it
could be also dangerous, and I don't think that it will -- we should have it in our
City, until we increase our stock of parking spaces.
Commissioner Carollo: Commissioner, I didn't realize when this was explained to
me that we were actually taking parking spaces.
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Commissioner Reyes: That's right.
Commissioner Carollo: Maybe I wasn't hearing right that day, or I was told
differently. I'm not sure which is the case, but you've opened up my eyes to this, and
you're right; the liability that this is going to cost us, pilot or no pilot, is tremendous.
Commissioner Reyes: That's right.
Commissioner Carollo: I mean, how can you be taking parking areas next to the
sidewalk to make it into, you know, outdoor cafe to put tables there? I mean, the
liability that we're going to have is going to be humongous. There's no way that I
could go along with this. I mean, you've opened up my eyes. I didn't realize that.
Commissioner Reyes: Well, I'm glad you think like me, and I think that this is a
(UNINTELLIGIBLE) -- I stick my guns. I think this is not such a good idea.
Commissioner Carollo: I think you're right on what you stated on the parking
spaces that he's taking up. You're right, but --
Commissioner Reyes: Liability.
Commissioner Carollo: -- my biggest problem with it is the liability.
Commissioner Reyes: Absolutely. It's a combination of both. It makes me vote -- I
mean (UNINTELLIGIBLE) --
Commissioner Carollo: I mean, there's not even --
Commissioner Reyes: -- vote against it.
Commissioner Carollo: -- a bump there to -- you know, for a car to know that
they're going towards you.
Commissioner Reyes: Yep.
Commissioner Carollo: Let alone, you know, if someone is looking somewhere else
or texting, or who knows what, I mean, this is not good public policy.
Vice Chair Russell: Thank you, gentlemen. If I could present the item a little bit,
where this came from. It's very successful in many countries and many cities in the
United States as a philosophy of urbanism to get people out and enjoying their city.
It creates parklets, mini parks, and an oasis of concrete. The ones who are asking
for this, who would like to try the pilot program, are actually the restaurants who are
in front of these spaces, who want to activate them. They would be the very first ones
to cry about losing their parking if they felt this was a had idea. This is not going to
be taking residential parking. This is really right in front of a restaurant to activate
a space. Last Friday was National Parklet Day. It actually has its own holiday,
because it's become such a trend through cities to try this out. And that's why we're
just saying a few spaces in the City from willing participants who want to try this
out. It generates funds for the City, and it's done in a safe way. It's activated. For
me, the fees were actually a little bit too high, because it seemed to be just
encouraging a commercial nature, a larger sidewalk cafe. A lot of people want to
use this to encourage some sort of creative space. And if you look for parklet online,
you'll see some very interesting use of a parking space, which turns it into an active
little green space for the community. It seems very strange; I get it. But once you
see it --
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Commissioner Reyes: No, no, no, no.
Vice Chair Russell: -- and you see the safety of it -- and it has to follow all the
guidelines of our Public Works, and that's why it's taken so long to get here. Let's
give it a try.
Commissioner Reyes: It's not --
Vice Chair Russell: Let's give it a try.
Commissioner Reyes: -- strange. You see, I travel also. You see, I'm not just -- I
don't get stuck in Flagami. I don't go anyplace. And I read a lot. And I -- and also,
I've been in other places that they have all this innovations and all of that, but it
might work for them. And another -- let me ask you a -- Madam City Attorney, you
see, just us recognizing in this discussion that it could be a liability, does it make it
worse if something happens there? I mean, just be honest. We recognize and we
vote for it.
Victoria Mendez (City Attorney): Right. That's why I don't like for you all to talk
about liability on the record. However, we -- my understanding is that this brings
insurance, there's insurance requirements --
Commissioner Reyes: Absolutely.
Ms. Mendez: -- and things of that nature.
Commissioner Carollo: Not enough; nowhere near enough.
Commissioner Reyes: Okay. Nowhere -- I mean -- how 'bout if a young guy --
young person that is -- seven -year-olds will be paying for 80 years, 70 years.
Commissioner Carollo: This might work out fine in --for a city like Mayberry, and
Deputy Fife and Andy --
Commissioner Reyes: Oh, yes.
Commissioner Carollo: -- might be okay in handling this, but not for a city of close
to half million people with tourists and visitors all over that (UNINTELLIGIBLE)
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Carollo: -- with the kind of driving we have. You know, we're a
frontier city that have constant flow of new immigrants and tourists that not all
understand our driving rules, and many of our own don't want to follow them. And
there's no way that could approve something like this.
Vice Chair Russell: Thank you, Commissioners. Zerry, and then Public Works, and
then we have a member ofpublic who'd like to speak on the item.
Nzeribe Ihekwaba (Chief of Operations): Good afternoon, Vice Chair and the
Commission. Zerry Ihekwaba, Assistant City Manager. It is very interesting that
this concept has been tried and tested with success, and we've had a similar program
in the City of Miami. We've done limited locations and activating them as parklets.
Commissioner Carollo: Where and when?
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Mr. Ihekwaba: I think that was one or two locations last year that was done in the
City of Miami, and they were very successful.
Commissioner Carollo: Yeah, but where and when? You know, you say you think
somewhere in the City ofMiami, very successful. Well --
Mr. Ihekwaba: I can get you location, Commissioner.
Commissioner Carollo: -- I would think that you would have been ready to tell us
exactly where.
Mr. Ihekwaba: Okay.
Commissioner Carollo: And this is the problem that I'm having. All these great
ideas.
Mr. Ihekwaba: IfI may?
Commissioner Carollo: Do any of you know where, when, how?
Mr. Ihekwaba: Commissioner, ifI may?
Vice Chair Russell: Please let the Director speak.
Mr. Ihekwaba: The technical requirements -- we talked about liability issues. The
technical requirement is that it's -- the area of the parking spaces are going to be
limited to the level of the sidewalks, so it's almost like the City extending the
sidewalk.
Commissioner Carollo: So then you're going to do away, then, with that parking
space?
Commissioner Reyes: Yes.
Mr. Ihekwaba: Yes, because this is only five locations. This is limited --
Commissioner Carollo: You're going to incorporate it into the sidewalk?
Mr. Ihekwaba: Yes. The sidewalks are going to be extended literally up to the limit
of the parking spaces, well above the traveling lanes, so there's no issues of exposure
of people being run over.
Commissioner Carollo: Well --
Mr. Ihekwaba: And ifI may?
Commissioner Carollo: -- why -- hold on for a minute. The roads that this going to
be done in, are they City, are they County?
Mr. Ihekwaba: If you read through the item, this is only limited to roadways that are
only 25 miles per hour, and that applies only to City -maintained roadways.
Commissioner Carollo: Yeah, but my question is, and that -- this has to do with
some additional things that I'm speaking to the County about now. Does the County
have to approve this?
Mr. Ihekwaba: Yes. The County will have
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Commissioner Carollo: That's what I thought.
Mr. Ihekwaba: We've already gone through this with the County. It's taken us close
to two years to kind of go through this review.
Commissioner Carollo: Has the County approved this yet?
Mr. Ihekwaba: Not yet. But, then again, the City of Miami has jurisdiction over
permitting on all roadways that belong to the City ofMiami.
Commissioner Carollo: Well --
Mr. Ihekwaba: The County's going to look at it only from the point of view of traffic,
not for construction permitting. Construction permitting lies under the jurisdiction
of the gentleman behind me, Mr. Alan Dodd, the Public Works -- Resilience and
Public Works Director. So --
Commissioner Carollo: On that, I agree with you, that that's how they're going to
mainly look at it for the purpose of traffic, so I'm in agreement on that --
Mr. Ihekwaba: So --
Commissioner Carollo: -- but it's the County.
Mr. Ihekwaba: -- the current concept, it's only being limited to an area in downtown
Miami, Northeast 3rd Avenue, which is a two -block stretch of roadway, very short
stretch of roadway.
Commissioner Reyes: Have you gone to Miami lately and tried to find a parking
space?
Mr. Ihekwaba: Yes, I do that all the time, sir.
Commissioner Reyes: And you don't find one?
Mr. Ihekwaba: Yes, I do.
Commissioner Reyes: Oh, you do. Well, tell me where, because at the other day,
there was park (UNINTELLIGIBLE).
Mr. Ihekwaba: Commissioner --
Commissioner Reyes: If I didn't want -- I mean, I could find it, because I could valet
with just $10 the first 15 minutes, and then from there, go on and on and on and up
to, I think, 25, something like that. Or maybe, if you have a tag that says, "City of
Miami, " and you are -- you can park anyplace, you see. I mean, it is very difficult to
park in City -- in downtown Miami, and I think that's one of the reasons also that you
find so many empty businesses in the City of Miami -- I mean, in downtown Miami. I
am -- I don't agree with the con -- I would agree with the concept if we were in
Vancouver, you see; maybe someplace like that; or maybe Rotterdam, beautiful;
would be good, you see. Well, Miami, we don't have parking spaces, you see. We --
in Miami, where people don't know how to drive. We, in Miami, where -- I mean, we
are taking parking space and we are converting it into a restaurant. I mean --
Mr. Ihekwaba: Commissioner --
Commissioner Reyes: -- I don't want to --
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Mr. Ihekwaba: -- just for --
Commissioner Reyes: -- I'm not going to vote for this.
Mr. Ihekwaba: -- completeness, this is notfor restaurants.
Commissioner Reyes: Oh.
Mr. Ihekwaba: Some parklets can be for sidewalk cafe or it could be established as
green spaces for people to relax.
Commissioner Reyes: Oh. But it's a sidewalk cafe, and who is going to serve the
cafe? Is it "bring your own coffee"?
Mr. Ihekwaba: Not necessarily. For a parklet program --
Commissioner Reyes: And who is going to pay for the rent of that?
Mr. Ihekwaba: If you're an abutting property owner or a commercial vendor
abutting a space --
Commissioner Reyes: Then you are the extension of a restaurant or a cafe.
Mr. Ihekwaba: --so ifI may? IfI may?
Commissioner Carollo: Are you serious that a little space like that, you're going to
have all these people that are going to want to --
Commissioner Reyes: Get in line.
Chair Hardemon: I smoke --
Commissioner Carollo: -- get in line --
Chair Hardemon: My cigars.
Commissioner Carollo: -- so -- yeah, good to relax in there.
Chair Hardemon: Have a little Scotch (UNINTELLIGIBLE).
Commissioner Reyes: (UNINTELLIGIBLE) kind of people will be there.
Chair Hardemon: A Cuban cigar.
Commissioner Reyes: Smoke a cigar and all that.
Commissioner Carollo: Be careful ofwhatyou're going --
Vice Chair Russell: Mr. Chairman?
Commissioner Carollo: -- to do with (UNINTELLIGIBLE).
Chair Hardemon: Yeah, hopefully.
Vice Chair Russell: Mr. Chairman, a member of the public wanted to speak on this.
He's a significant advocate for this with regard to Avenue 3, which wanted to be one
of the first test spots for this. Couple of the restaurants in that area really wanted to
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activate the area. One of the things Giralda Avenue in Coral Gables is doing is
reducing parking spaces, increasing sidewalk space, and it has been a complete
success.
Commissioner Reyes: Correction, correction, sir. What -- I am a customer of
Giralda. I know all the restaurant there, from Ceviche to the Thai place, and all of
that, because Igo to Giralda.
Vice Chair Russell: Where do you park?
Commissioner Reyes: Giralda never had parking.
Vice Chair Russell: Of course, they did.
Commissioner Reyes: What they did, they closed the street, and they made it
pedestrian, you see, but it never had any parking spaces.
Vice Chair Russell: It was parallel parking then.
Commissioner Reyes: And let me tell you this. Coral Gables has in that -- the
vicinity of Giralda has about four parking buildings, which, by the way, charges a lot
less than what it is proposed by our Parking Authority.
Commissioner Carollo: And lastly, they had a Code Enforcement that can see.
Commissioner Reyes: Absolutely.
Commissioner Gort: Mr. Chairman?
Commissioner Carollo: No blind Code Enforcement guys.
Chair Hardemon: I'm going to allow Commissioner Gort to make a comment, and
then, sir; I'll --
Commissioner Gort: let me ask a question.
Chair Hardemon: One second.
Commissioner Gort: I'm reading the backup information. I don't see the
requirement of the insurance. Where is it?
Chair Hardemon: Okay. So someone read --
Commissioner Gort: Because if we're not going to have any liability --
Chair Hardemon: -- (UNINTELLIGIBLE) issues.
Ms. Mendez: When we enter into agreements with them, they would have to cover
any liability, because we'll enter -- they'll get a permit -- there's a permit
(UNINTELLIGIBLE).
Commissioner Gort: Yeah, but I think it's very important for whoever's going to get
-- acquire a permit, to know how much it's going to cost them, because I'm sure the
liability in there, the insurance is going to be pretty high. All right?
Commissioner Carollo: So you mean that we don't have anything about the liability
included in this?
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Ms. Mendez: Before we give them a permit or enter into an agreement with them to
do this, we always run it through Risk, and we -- we're always asking --
Commissioner Carollo: Yeah, yeah --
Ms. Mendez: -- everybody for insurance.
Commissioner Carollo: -- but this is after the fact. This is what the good
Commissioner was accusing me with Ultra; that everything didn't come up here all
ready to go. I mean, you mean he brought this up without negotiating it properly
before we --
Chair Hardemon: All right, Commissioner.
Commissioner Carollo: -- are going to study and vote upon it?
Vice Chair Russell: It's ready. It's ready.
Chair Hardemon: I'm going to allow the gentleman to speak on public comment.
Please state your first and last name.
Steve Dutton: Thank you, Chairman and Commissioners. Good afternoon. My
name is Steve Dutton. I live at 244 Biscayne Boulevard. Just briefly mention, I've
been before the Commission before --
Chair Hardemon: I used to live there.
Mr. Dutton: -- in support of a position that you've taken on Pottinger. My husband
was the one that was killed at the corner of Northeast 3rd Avenue and Flagler two
years ago this past weekend. This is a very personal issue for me that I started
leading about 18 months ago. I took Commissioners at that time -- Joe, your
brother; I took Commissioner Suarez, who was Commissioner at that time; I took
Russell, as well as City leaders on tours of this two -block street that is a gem that
very few people know was, a hundred years ago, "Short Street, " because it was a
shortcut to the river, to the Royal Palms Hotel. It went behind all the hotels that face
the water on Biscayne. It's got a great history, but it's only a two -block street. I
have worked tirelessly for the last 18 months. I have total unanimity from all of the
businesses, not just the restaurants, on the street. I have unanimity from the property
management HOA (homeowners association) organizations; all of the residential
buildings -- 50 Biscayne, Biscayne, the Lofts -- to this idea. All we're asking is that it
be tested. It is a concept that has proven itself in cities around the world, major
cities around the world. It began in San Francisco about 15 years ago; it's a total
success. They have a total commitment --
Commissioner Carollo: San Francisco?
Mr. Dutton: -- to -- Yes.
Commissioner Reyes: San Francisco.
Mr. Dutton: San Francisco. It's now in New York. It's in Chicago. It's in cities like
Miami, larger cities, because what it proves is that taking back parking spaces that
serve very few persons -- Think about it. On Northeast 3rd Avenue, each block,
there are 20 spaces. Those 20 spaces are typically occupied by people who work in
those restaurants, and a little unknown fact is they park for free. I've worked with
the Miami Parking Authority, and they're trying to hire more enforcement to change
this, but for the most part, they park for free. They get a ticket. Usually, when one of
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the restaurants where I call, because they're doubling up. And so, if you're going to
get a ticket every six weeks, it's not a had risk to just park there every day for free.
The idea is to take away those parking spaces by extending the sidewalk out and
avoiding what happened at Miami Beach with Espanola Way and in Coral Gables
with Giralda. They closed those streets for a year and a half. I spent months
meeting with restaurant owners in both of those locations to learn how did it all
come about that they got great pedestrian areas --primarily pedestrian areas. What
I learned from all of those businesses is that that they're playing catch up now.
They're very happy that those areas are rebuilt, but they lost hundreds of thousands.
And in the case of Coral Gables, in the papers, it was a million dollars' worth of lost
revenue in the year and a half that it was under construction. I made a personal
promise to every business on Northeast 3rd Avenue, saying, "We're not closing the
street. We're not going to do as they've done on Flagler, and actually expand the
sidewalks physically by tearing up the street. " The plumbing underneath our street
is probably a hundred years old, the same as it is under Flagler. It would take years,
and I might not be alive still at that point before it's finished. Instead, we're merely
building -- And may I approach? I'll show you a drawing.
Chair Hardemon: Yes.
Mr. Dutton: I didn't know this was going to be such a controversial issue. I really
thought I had unanimous support. But let me just show you very quickly; this may
answer some of the concerns, and I'll address the issue of insurance and everything
else.
Commissioner Gort: Give it to them; they'll make copies.
Mr. Dutton: Could you project it or something? Maybe that would be
(UNINTELLIGIBLE). Working with a non -- I've created a nonprofit around this as
part of the mission of the nonprofit I've created --
Commissioner Gort: Question.
Mr. Dutton: -- to address the issues. Yes.
Commissioner Gort: This is a pilot program, is my understanding.
Vice Chair Russell: Correct. Five spaces in the entire City.
Commissioner Gort: All right. It's going to be from Northeast 3rd Avenue to --from
Northeast 3rd Avenue, from Flagler to 2nd Street?
Vice Chair Russell: That's one of the applicants, yes. It might be in the Grove, as
well, but --
Commissioner Gort: That's the real small area that been there in downtown for a
long while.
Unidentified Speaker: Very small (UNINTELLIGIBLE).
Vice Chair Russell: Yeah.
Commissioner Gort: Yeah, very small street.
Mr. Dutton: Very small street.
Vice Chair Russell: It's --
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Mr. Dutton: I'm hopeful that you will find out very soon this works, and you'll
expand the number of parklets that are available.
Commissioner Reyes: I know it's a small street, but -- I mean, (UNINTELLIGIBLE),
you're going to see people asking for -- do the same thing in 8th Street. You're going
to see people trying to do the same thing and will come -- with all due respect, it will
come here, and we'll have the same message. You see, "This is going to bring more
people, " and all that. I don't see -- I don't think that the lack of business in those
restaurant over there, it is not because they don't have a parklet; it is because they
don't have enough people at night, and --
Mr. Dutton: That's correct.
Commissioner Reyes: --people, because you have that parklet, they are not going to
go to downtown just to sit on a parking space, you see, and they can sit in any
sidewalk in the City of Miami. You think that it's going to attract business? Well, I
think that it going to attract less business --
Mr. Dutton: Commissioner?
Commissioner Reyes: -- and because there's no place to park, and I think that it is
very dangerous, and to add, we are -- you're trying to solve a problem with a
different solution. Yes, I'm seeing it.
Vice Chair Russell: Two parking spaces.
Commissioner Reyes: I saw it.
Mr. Dutton: Commissioner, may I address the concerns that you've raised? Okay.
Again, I understand exactly what you said, and perhaps, 10 years ago in other parts
of our country and in other cities in the world, the same hesitation resulted, because
of the comments you made. This is a different concept. But, sir; the problem we're
trying to eliminate on Northeast 3rd Avenue is that at night, the street is very dark.
It's very scary. There are lots of people there that, frankly, we -- it creates a
problem. It makes a -- it makes somebody who lives in one of the condominiums or
who works in that area not want to stay late to go to dinner there, because it's scary,
it's dark, and there are a lot of unsheltereds in the area. So let me just address this,
if l may, please. Taste ofAvenue 3 is an event that I've put together. Its a four-day
event; October 17 through 20, and I've got a card for each of you. This event is a
very exciting event. For three days, you're going to see volunteers painting the
parking lanes on both sides of one block, between Flagler and Northeast 1st. It's
immediately behind 50 Biscayne. Many of the volunteers are residents at 50
Biscayne. Many of the volunteers are people who work in the area. They're excited
to see this test happen. This is a very forward -thinking project. By painting those
parking lanes, we reinforce the fact that we're going to recapture them as not green
space really, but, you know, some of the parklets are going to have grass. This is the
idea: The businesses will all benefit from pedestrian traffic. Our street is different
than Espanola Way, and it's different than Giralda. We can cannot take the entire
street. For one, the residents of 50 Biscayne have to get in and out of their garage,
so there will always be a lane of traffic. We don't have alleyways, so for deliveries,
for garbage pickup, and whatever. What we're talking about doing is what's also
going to be happening in Wynwood. If you've read about Northwest 3rd Avenue, it's
a "woonerf. " A woonerf is a Dutch -inspired term. They do this in Holland. These
are wonderful streets that are shared between cars and pedestrians. Guess what?
The more pedestrians you get, the cars slow down, the traffic goes away. It --
eventually, it might even lead to options of making it a pedestrian street. We'd have
to solve the problem of pickup for deliveries at Marshalls, which is on that street.
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We'd have to solve the problem ofgarbage pickup, and whatever. Gentlemen, I have
a Marshalls as a sponsor to the event that I m talking about. I have every restaurant
as a sponsor. Now, they're not shown on this first card. They're all sending their
logos to the marketing company, which will be advertising this event.
Commissioner Carollo: Let me --
Mr. Dutton: Please.
Commissioner Carollo: How many spaces are we taking up in these five --?
Mr. Dutton: Initially, two. And the parklet that is being built on it right now by a
nonprofit in Wynwood is called Moonlighter Makerspace.
Commissioner Carollo: I --
Mr. Dutton: They're building it.
Commissioner Carollo: -- understood there were five that were going to be made.
Vice Chair Russell: The --
Mr. Dutton: The legislation calls for a total of five. The City Manager has the
ability, if this legislation passes, to up that to 10. There's a requirement -- there's a
restriction of two per block believe at this time. Frankly, I have six restaurants that
are ready to sign up and have parklets on the one block --
Commissioner Carollo: How many spaced --
Mr. Dutton: --and six on the other.
Commissioner Carollo: -- are going to be taken up --
Mr. Dutton: Two.
Commissioner Carollo: -- by each of these (UNINTELLIGIBLE)?
Mr. Dutton: Let's address the issue of parking, okay? I have met with Art Noriega,
the Parking Authority; he is all in on this. I have met with Antonio
(UNINTELLIGIBLE), who is the owner of Deck Parking Valet. He's all -- he's
having to make some changes. Ceviche 105 wants to put outside seating. The
hurricane last fall has caused them to wait, because of the building across the street,
which was the original Greyhound Bus Terminal -- you may know it. It's owned by
Sergio Roc. When he builds it, again, he's assured me; he's putting in four or five
restaurants. This will be the next Miami destination. Downtown doesn't have
anything like this.
Vice Chair Russell: Thank you, Mr. Dutton.
Mr. Dutton: Miami -- Okay.
Vice Chair Russell: I would just like to address the indemnity portion. In the
permitting appli -- the application portion, it says, "Each applicant shall provide a
signed agreement to defend and indemnify save and hold harmless the City and all
its officer, agents, employees from any liability for damages resulting from any and
all operations under the permit, in a form approved by the City Attorney and
Department of Risk Management. " This is a little something. This is not a
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controversial something. I just wanted to wait for the Chairman to get back so we
could pass this easily. It's a very simple pilot program. If it doesn't work, we stop it,
but there's a lot of people that want to see it get a shot. I would have one amendment
to it, please. And I understand there's two "no" votes down at the other end. I hope
there's three votes just to let this simple, easy project get a chance. The amendment I
would like is to lower the fees to encourage more creative use; change the fee from
175 to $50; and reduce the 11.50 per square foot down to $5 per square foot during
the pilot program period. If it turns out at the end that we should be charging more,
we'll raise it, but this is just to sort of encourage creative use and see what we can
get out of it. So I hope for your support. Thank you, gentlemen.
Chair Hardemon: Seconder will accept that amendment.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: You're recognized, Commissioner.
Commissioner Carollo: This is not as simple as the Commissioner is putting it. And
one thing I heard from the gentleman is that he's a City resident, so I think he
deserves that we give him more of a closer look. I, for one, might be able to
consider. I'm going to take him up, and I'm going to go over there and see what it's
all about. But I, for one -- and I've been by there. The day that I was going up to the
building Ultra, I walked by there, so I'm already familiar from that area from that
night, and couple other times I've been by in the daytime. But what I tell you that I
don't like -- I mean, the concept of either having it for restaurants to put tables, as
long as that sidewalk is built up where it's not a parking space anymore; it's a
regular sidewalk extension --
Commissioner Reyes: That's right.
Commissioner Carollo: -- that might work. I don't -- I mean, this other stuff here,
all this funky stuff, with a lounge chair and stuff, I mean, look, that I'm not going to
go for. You either have open space that's -- you have a wider sidewalk to walk in, or
if the restaurants are going to put their tables in, that's different, which is really the
idea behind it, I think, but all this other fancy stuff, you know, this is -- how can I
describe it? -- a little more San Francisco like. We're Miami. We're different.
We're unique. And I will say this to you: I might be able to support you. I want to
give you that opportunity and be fair, but I'm not there tonight. And I would suggest
that -- unless you have three other members here that will vote for it; and if you do, I
respect you, sir -- that we defer this, you know, for the end -- the last meeting in
October. I'll -- we'll make arrangements. I'll go there. I'll look at it. I'll be
extremely fair, I assure you, and we'll come back. You know, it's a concept that,
dependent on where it's it, and the fashion now that's been described to me might
have some merits, but what I want to find out from Art or somebody else from the
spaces that we're going to be taking away, where are we going to be replacing them?
Commissioner Reyes: That's it.
Commissioner Carollo: See? And this is one of the things we need to do, wherever
we do this at throughout the City. If we're taking parking space away on the side, we
got to replace them somewhere else.
Commissioner Reyes: Yeah. I'm in agreement with Commissioner Carollo. As a
matter of fact, you mentioned Art Noriega. About two weeks ago, I spoke with him
about parking in downtown Miami, because every time that Igo to downtown Miami,
I see another -- an additional store that closed. And there is almost impossible --
unless you are (UNINTELLIGIBLE), it's almost impossible to go to downtown Miami
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any time and find a parking space and a parking meter, you see? It's almost
impossible. You have to play --and I spoke with Noriega. I said, "We have to build
more parking. " As a matter of fact, I said, "Why don't we use those " -- "some sort
of shuttles between buildings that you build parking" -- "one of those buildings that
offer parking, and you can take the people up to the middle of downtown, the stores
and all of that, so people can move around downtown Miami, " you see, "and they
can find a parking space. " And now it's impossible to park in downtown Miami. It
is almost impossible, you see. And I don't want to take any parking spaces out of -- I
mean, away from it.
Commissioner Gort: Mr. Chairman?
Commissioner Reyes: It looks beautiful. It looks pretty. It might work, but unless
we supply additional parking, I don't want this -- You see, I know how most pilots
starts, you see. It's like -- it's just like when you have a brush fire; it starts right
here, and then somebody else want it, and somebody else want it, and somebody else
want it (UNINTELLIGIBLE), and you're going to see there's going to be some
people that are going to be lobbying for it, and you're going to have every single --
of course, every single businesses -- restaurant, coffee shop, they want to extend the
size if you can have -- if you have seats on the street, and then you can have some
more seats on your -- on the sidewalk -- I mean, on the street, you're going to take it.
For what? For $70? For $50? You pay that on a jam, you see. On a heartbeat,
you are going to pay that. And that's why I cannot support this now. I mean, I have
to --
Commissioner Carollo: Well, I'll make a motion --
Commissioner Reyes: -- see more parking.
Chair Hardemon: Wait, wait. One second.
Commissioner Reyes: Okay.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I know a little bit about downtown, because I've been there all
my life.
Commissioner Reyes: Yeah, me, too.
Commissioner Gort: I used to have my office on Brickell. I know 3rd Avenue very
well.
Commissioner Reyes: Me, too.
Commissioner Gort: It begins on Flagler and ends right in front of the Everglade
Hotel. It's very little traffic that takes place in that 3rd Avenue. Asa pilot program,
I don't mind trying it, I mean, and see how it works, how it goes. I think it's very
important. Today, you got more residents that already park in downtown Miami that
will use that facility. And I see people from the building right behind it, which they
don't have any opposition to that. So downtown Miami's been wanting to build
things in there where people don't have to park, people don't have to drive around,
but they can walk to wherever they want to go, and that's one of the facilities -- That
3rd Avenue has been underutilized for a long time. And I remember -- when I used
to come visit in here as a kid, we stay at the Leamington Hotel, which is right there
on 12 Ave -- I mean, 3rd Avenue and 1st Street.
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Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Gort: So I don't have any problem for it. As far as a pilot program, I
will vote for it, and we have to put a lot of restriction. The other thing you can do,
sir; what happened on 8th Street and near your street, you have to put certain
criteria. You have to specify in what kinds of streets you can do that.
Commissioner Reyes: Okay.
Commissioner Gort: And this is very important.
Commissioner Reyes: But this is not what this resolution says, sir. If it says, "This
is going to be only pilot and only" -- If they can define the streets that they're going
to be -- street like 3rd Avenue. Streets like 3rd Avenue, they don't -- it doesn't have
that much traffic, and I know it by heart, okay? I've been here since '59, and I used
to run around, and downtown was the place to go at the time. Now, if you spec
you make it more specific -- but when you make it so general, you see, that all streets
-- anybody -- later on, if the pilot -- if -- would say -- I mean, a year from now that a
pilot, or whatever time the pilot it is -- I mean, takes place, what -- anybody can ask
for it. And what I want it is, if you have -- you bring it with restrictions, you see, to
certain particular streets that have to be -- and 3rd Avenue -- I mean, my work, but
in other streets that you are taking away parking spaces, and I am totally against
that.
Chair Hardemon: Okay.
Commissioner Reyes: You see?
Mayor Francis Suarez: Mr. Chair?
Commissioner Reyes: Hey, where were you a little while ago that we were killing
each other here?
Commissioner Carollo: Were you for the Ultra contract or not?
Mayor Suarez: I was at the MPO (Metropolitan Planning Organization), which is
the board that you guys designated me on. And you guys already spoke on the Ultra
contract, so --
Commissioner Carollo: So you don't want to give any suggestions or --
Mayor Suarez: That the super Mayor can't be at two places at one time,
unfortunately.
Commissioner Carollo: Well, you're here now.
Mayor Suarez: Sorry.
Chair Hardemon: Three votes.
Commissioner Carollo: I agree.
Mayor Suarez: Sorry, buddy.
Commissioner Carollo: I agree, but you're here.
Chair Hardemon: Right now, it looks --
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Mayor Suarez: Sorry.
Chair Hardemon: -- like we have three votes.
Mayor Suarez: Thanks.
Commissioner Carollo: Okay.
Chair Hardenzon: We have three votes. What I want to do --
Commissioner Carollo: I figure that.
Chair Hardenzon: -- because I want to conte to a vote, so all in favor of the motion,
say "aye. "
Vice Chair Russell: Aye.
Commissioner Gort: Aye.
Chair Hardemon: All against?
Commissioner Reyes: No.
Commissioner Carollo: Nay.
Chair Hardemon: Okay, motion passes.
Mayor Suarez: Thank you.
Commissioner Reyes: That's it.
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RE.6
RESOLUTION
2525
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S
Estate and Asset
RECOMMENDATION APPROVING THE FINDINGS OF THE
Management
SELECTION COMMITTEE THAT VIRGINIA KEY, LLC,
NAYS:
("PROPOSER") IS THE TOP RANKED PROPOSER FOR
REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF
MIAMI -OWNED WATERFRONT PROPERTY FOR
MARINAS/RESTAURANT/STORE USES LOCATED AT
APPROXIMATELY 3301, 3605, 3501, 3311, & 3511
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP");
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND
APPROVAL OF THE CITY ATTORNEY AS TO FORM AND
CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45)
YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND
PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL
TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS
($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3%
OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO
HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR
THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE
INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES;
APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00)
PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE
MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER,
INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND
PUBLIC PARKING; FURTHER PROVIDING THAT THE
EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF
A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A
REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING
THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY
CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID
FAVORABLE REFERENDUM HAS OCCURRED AND A
CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY
CHARTER.
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ...................
Defer
RESULT:
DEFERRED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Russell, Gort, Carollo, Reyes
NAYS:
Hardemon
Notes for the Record. Item RE.6 was deferred to the December 13, 2018, Regular
Commission Meeting.
For directives referencing Item RE. 6, please see Items NA.6 and NA. 7.
Chair Hardemon: Now we have RE. 6 and RE. 7. You guys want something to fight
about, this is it. Will the well-dressed man in the salt and pepper hair please step to
the front of the room?
Unidentified Speaker: (UNINTELLIGIBLE).
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Chair Hardemon: Oh, yeah, you, too.
Commissioner Carollo: Which one is 7?
Chair Hardenzon: The one that's a lawyer, though; not you. See, I got it together
now.
Commissioner Carollo: Which one is that one now?
Chair Hardenzon: Huh?
Commissioner Carollo: Which one --?
Chair Hardenzon: RE. 6.
Daniel Rotenberg (Director): RE. 6, RE. 7. Good evening, Commissioners. Daniel
Rotenberg, Department of Real Estate & Asset Management. This is a resolution
dealing with the Virginia Key Marina. RE. 6 is to approve the findings of the Selection
Committee, and RE.7 is the legislation to go ahead with the referendum language.
This was the item that last time we had a discussion; we sent out -- the day after
Commission, we had sent out letters to the operator over there, September 14th, and
following up -- this was for an eviction. And on September 20, we sent out a letter of
notice to examine all the records. We did get a letter back from the operator, offering
to meet the terms, with certain conditions. I believe that's been passed around, and
it's up to the Commission to decide what the next steps are.
Commissioner Carollo: If I -- let's start again from scratch. There was a resolution
from this Commission --
Commissioner Reyes: Yep.
Commissioner Carollo: -- to give the notification that we will be taking over. When
does that 15 -day notice expire?
Mr. Rotenberg: It was sent out September 14, so I believe it's this Friday.
Commissioner Carollo: Okay. Tomorrow?
Mr. Rotenberg: That will be correct.
Commissioner Carollo: Okay. All right. Now, the $100,000 that I somewhat
suggested that they would pay us retroactive to September 1 and then the other
$100, 000 for the month of October, have we gotten any kind of cashier's check or a
barrelful of cash, or something, that's been delivered to the City of Miami?
Vice Chair Russell: I see a man with an envelope.
Mr. Rotenberg: As of right now, no, sir.
Commissioner Carollo: Can -- Mr. De Grandy, what do you have in your hand
there? I saw a paper you're waving.
Miguel De Grandy: I'll play Carnac the Great. $200, 000 cashier's check.
Commissioner Carollo: Okay. That's for the month of September that's almost gone,
and the month of October?
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Mr. De Grandy: That is correct, sir.
Commissioner Carollo: Okay. We --
Victoria Mendez (City Attorney): However, this is something -- I just wanted to
clarify for the record, is this something that is purely voluntary and out of the
goodwill of your client, because the City just sent an eviction letter?
Commissioner Reyes: I -- let me -- excuse me.
Commissioner Carollo: See, they heard the discussion last meeting.
Commissioner Reyes: Point of order. From what I heard --
Commissioner Carollo: Where's (UNINTELLIGIBLE)? Is he up in the Mayor's
Office, or where is he at?
Commissioner Reyes: I don't know.
Mr. De Grandy: He's sitting in the audience, sir.
Commissioner Carollo: Bud, come up. Let's get it from the horse's mouth.
Commissioner Reyes: Excuse me a minute, Joe. I just want to clam what we did --
Commissioner Carollo: We've had a long day and --
Commissioner Reyes: -- the instructions --
Commissioner Carollo: Yeah, and --
Commissioner Reyes: -- that were given.
Ms. Mendez: The instruction was to evict our present tenant. We sent them a letter,
and they, as a response to that, have voluntarily --
Commissioner Reyes: Giving -- it was --
Ms. Mendez: -- suggested --
Commissioner Reyes: -- an eviction, but giving the tenant the opportunity --
Ms. Mendez: No, no. It was --
Commissioner Reyes: -- to negotiate.
Ms. Mendez: --just a eviction. They have voluntarily --
Commissioner Carollo: Well, he's come --
Ms. Mendez: -- offered.
Commissioner Carollo: -- up with $200, 000; a hundred for September; a hundred for
October.
Mr. De Grandy: That's correct.
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Commissioner Carollo: How long do you think you need -- we need for the City
Attorney to go over the negotiations and bring back something to this Commission?
Mr. De Grandy: Sir, I would think 60 days would be appropriate.
Commissioner Carollo: Okay. All right. If it's 60 days, that is going to put us in
November.
Mr. De Grandy: Yes, sir.
Commissioner Carollo: Are you going to volunteer another $100, 000 then --
Commissioner Reyes: Every month.
Commissioner Carollo: --for --
Mr. De Grandy: We're prepared to do that, sir.
Commissioner Carollo: -- November?
Mr. De Grandy: We're prepared to do that, sir.
Commissioner Carollo: Okay.
Later...
Vice Chair Russell: So does that include 6 and 7, or now we need a separate motion?
Todd B. Hannon (City Clerk): No, sir.
Chair Hardemon: No.
Commissioner Carollo: I thought it passed 4-1.
Chair Hardemon: I thought it was a deferral on 6 and 7.
Mr. Hannon: No, no, no. This was just for Commissioner Carollo's motion. You still
need to address 6 and 7.
Chair Hardemon: I thought -- well, that's what he (UNINTELLIGIBLE) on the
record.
Commissioner Carollo: This was addressed here, I thought.
Vice Chair Russell: I think they're separate subjects.
Mr. Hannon: No, sir. What that was a vote on was NA. 6, and that had to do with
Commissioner Carollo's resolution involving them to be contributing $100,000 a
month. It gives them a couple extra months till the -- till November. So you still have
6 and 7 to address.
Commissioner Carollo: Yeah, but we included in that that we were putting on hold
until the end of November or unless they didn't pay us the $100, 000 that they offered
tomorrow --
Vice Chair Russell: That's the eviction on hold. This is the award and the contract.
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Commissioner Carollo: The eviction notice. Yeah.
Mr. Hannon: No. 6 and 7, there should be a separate motion on that. If you want to
defer it to a particular date, if you want to continue it, but "C" -- the non agenda item,
the one that you just voted on, we want to keep that exactly for what you wanted.
Vice Chair Russell: I would recommend an indefinite deferral so we can bring back
whenever we want to, but it doesn't automatically come back before we're not ready.
Commissioner Carollo: I really don't like to use that "indefinite deferral" because --
Vice Chair Russell: Six months.
Commissioner Carollo: -- this might fall in through a black hole. I would put a
deferral until the end of November, unless we don't get the other $100, 000 tomorrow
before 5; then it would be a deferral until the next Commission meeting.
Vice Chair Russell: Can we do that?
Mr. Hannon: November 15.
Mr. Dotson: Mr. Chairman.
Mr. Hannon: November 15 is the only meeting in November.
Commissioner Carollo: Okay. Well, then, it'll be November 15. When is the next
meeting in December?
Mr. Hannon: December 13; only one meeting, sir.
Commissioner Carollo: All right. You want to give another 50, 000, and you get
December 13?
Mr. De Grandy: Sure. I --
Commissioner Carollo: Okay. All right, 150, 000 tomorrow, and December 13.
Mr. De Grandy: That's fine with me, Commissioner. Thank you.
Commissioner Carollo: Okay. Thank you.
Chair Hardemon: Got some money. This must be a really lucrative thing.
Commissioner Carollo: See, Commissioner Russell --
Vice Chair Russell: Let's open a marina.
Commissioner Carollo: -- stick around a little longer, and you might learn a few
things here.
Vice Chair Russell: Well done, sir.
Commissioner Carollo: Thank you.
Vice Chair Russell: So it's a move to defer until December --
Mr. Hannon: 13.
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Vice Chair Russell: --13, and I'll second it.
Chair Hardemon: Wait, wait, wait. It was more than that.
Vice Chair Russell: It was a conditional deferral. That's (UNINTELLIGIBLE).
Chair Hardemon: I think it was.
Commissioner Carollo: Yeah, it was.
Vice Chair Russell: That's -- can we even do that? That is (UNINTELLIGIBLE).
Commissioner Carollo: It was conditioned on 150, 000 tomorrow by 5 --
Vice Chair Russell: By the faces on the Clerk's Office, I would say, we would have to
bring it back manually if they don't bring the check, and we'll bring the item back, but
the deferral has to be a clean deferral. You can't do a conditional deferral, can we?
Commissioner Carollo: Of course, you can.
Mr. Hannon: A conditional deferral?
Commissioner Carollo: Yeah. Of course, you can.
Mr. Hannon: No, sir. No, sir.
Commissioner Carollo: Hear me, hear me. Yes, you can.
Vice Chair Russell: Mason's Rules is catching on fire right here.
Chair Hardemon: I never got the memo.
Mr. Hannon: Commissioner --
Commissioner Carollo: Yes. Of course, you can.
Mr. Hannon: -- you may just want to defer it to November 15, then.
Mr. De Grandy: Commissioner.
Chair Hardemon: Before you move on the deferral --
Mr. De Grandy: Commissioner?
Chair Hardemon: -- just make the motion regarding the money that you're talking
about.
Commissioner Carollo: The motion for deferral is that we're going to defer the item
until December 13, the next meeting in December, based upon them bringing what
they've offered and volunteered, another $150, 000, tomorrow by 5 p. in. However, if
we do not get that money, then the deferral would be until our next meeting, which I
believe is --
Commissioner Gort: The 11 th.
Mr. Hannon: November 15.
Commissioner Carollo: -- November 15.
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Mr. Hannon: This is where an indefinite deferral makes more sense, because then
you can bring it back any time if they don't --
Commissioner Carollo: No, no, no.
Mr. Hannon: -- comply with what you're requesting.
Commissioner Carollo: No, no, no, no, because I know what's going to happen. Then
this is going to be stuck in limbo, and we might not get it back for who knows when.
It'll be in a black hole.
Ms. Mendez: Commissioner --
Chair Hardemon: Well, I'll tell --
Ms. Mendez: -- Carollo, then I think that the best thing would be, we just have it on
the agenda for December 13; and then, if all your conditions are met, the
Administration can put that little notice recommended for a deferral, and we can
address it.
Commissioner Carollo: Excuse me. The problem that I have is that --
Ms. Mendez: You want a date.
Commissioner Carollo: -- I -- I'm putting a date, but that date is conditioned on them
providing the money they volunteered, 150 tomorrow; otherwise, it comes back at our
very next meeting.
Chair Hardemon: So what I would suggest --
Commissioner Carollo: And, you know, we're forgetting a little problem we got here,
and a lot of games are going on. You know, with this `Recall Mayor, " they don't call
it "Strong Mayor" anymore, and I know what's going to happen. If we don't do it this
way, he might not show up tomorrow with the money. Maybe he got lost; he couldn't
find it, and you know.
Chair Hardemon: I say we continue it until the next meeting. Right? By tomorrow,
you're going to know -- and with an understanding. Here, by tomorrow you're going
to know whether or not they've come clean with what they've promised you. And if
then, when we put on our budget --
Mr. De Grandy: Yeah, that's where I'm going.
Chair Hardemon: --just in the agenda, you can have, "To be deferred. " You know
how we normally do that; to be withdrawn, to be deferred, but at least you know that
it's coming back next meeting.
Commissioner Carollo: Well --
Chair Hardemon: And unless you can (UNINTELLIGIBLE).
Commissioner Carollo: -- I understand it, but I -- you know, they paid up until next
meeting.
Mr. De Grandy: Commissioner --
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Commissioner Carollo: It's that --
Mr. Dotson: Mr. Chairman --
Commissioner Carollo: -- it's November and December --
Mr. Dotson: -- ifI may?
Commissioner Carollo: -- they haven'tpaid up.
Mr. De Grandy: May I, Mr. Chairman? I have a suggestion that may work --
Commissioner Carollo: Okay.
Mr. De Grandy: -- from a parliamentary perspective. You can defer it now until
December 13. You can have a report item on your next Commission agenda. If the
report is, "The dollars didn't come in, " you move to reconsider your previous
deferral. That's parliamentary, perfectly --
Commissioner Carollo: You could. I was just trying to make it cleaner in the fashion
that I did it. And look, as much as I want to get every last dollar for the City of
Miami, and we need it, I also, you know, want to be fair to you in this process. I can't
change what happened in the past. I believe you guys did real good in the past. You
know, I could only go forward now, and that's why I was doing that, so that even
while moving in the way that I am, I will still be even-handed with you and --
Mr. De Grandy: Sure. I think that accomplishes your objective.
Commissioner Carollo: If you're happy with that and you have no problem, then I'll
go that route.
Mr. De Grandy: Yeah, December 13 --
Commissioner Carollo: Okay. All right.
Mr. De Grandy: -- and report item on agenda.
Mr. Dotson: Let me tell you why he's happy with that. What we're forgetting is that
there is a case that could be resolved before December 15. What he just got was a
guarantee to stay on that site longer than your City Attorney would have probably
allow them to when we win the Third DCA (District Court of Appeals) appeal. So I
just want to put that on the table; that there is a case that I assume they're going to
appeal, because it's all they've done so far; I assume they will lose, because that's also
all they've done so far --
Commissioner Carollo: Yeah, but --
Mr. Dotson: -- but we should not be here giving them a guarantee.
Commissioner Carollo: They're only going to get a guarantee of 60 plus days -- 70 -
plus days, until December 13. Even if you're successful in that, you know they're
going to appeal, you know, that decision, and that's not going to come back in 70 plus
days.
Mr. Dotson: But what I've been -- and I believe that if the Third DCA rules within
that period of time -- and you can ask your City Attorney this -- that she would
recommend that you could actually move forward with an award at that time.
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Commissioner Carollo: Well, the time span is so short that I'm not going to cut hairs
on this one. They're finally coming with real money to the table, so I'm not going to,
you know, do anything other than I've stated. And I think we both know that it's
highly unlikely, even though nothing's impossible, the Third DCA is going to rule
within that time. But even if they do, you know that that could be appealed, and, you
know, we're back here then on December 13. I trust that, you know, like you did
today, you'll have that check tomorrow.
Mr. De Grandy: Yes, sir.
Commissioner Carollo: And we're fine.
Mr. Dotson: Well, Mr. Commissioner, I hope that, as part of your condition on the
last item, where you said you would accept the checks from them, provided an
agreement is reached between the City and the current operator that we correct this
perception that they can remain there until the appeal to The Hague, because if that's
the perception --
Commissioner Carollo: Well, this is why I want -- and I was specific earlier in saying
that part of what is -- has to be agreed in an agreement --
Mr. Dotson: Yes.
Commissioner Carollo: -- is when do the appeals finally end, you know; that they
have to sit down and work that out, but we're not going to wait until The Hague.
That, I'm pretty certain.
Mr. Dotson: Okay.
Commissioner Carollo: In the meantime, the $350, 000 once it's given, that stays in
this side, the City of Miami. The future, you guys got to negotiate it.
Mr. Dotson: Okay.
Commissioner Carollo: And the courts, they'll decide, you know, what's going to
happen between you guys.
Mr. De Grandy: Okay.
Commissioner Carollo: Thank you.
Commissioner Gort: Question.
Commissioner Carollo: Yes, sir.
Commissioner Gort: In addition to the rental, the monthly rental.
Commissioner Carollo: Oh, of course.
Commissioner Gort: Okay.
Commissioner Carollo: That's in addition.
Commissioner Gort: No. Let's make sure we put it on the record.
Commissioner Carollo: You think we've gone through all this just
(UNINTELLIGIBLE) ?
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Commissioner Gort: No. I want to make sure.
Vice Chair Russell: So it's been seconded, right?
Commissioner Carollo: Yeah.
Chair Hardemon: It's been properly --
Commissioner Reyes: Second.
Chair Hardemon: -- moved and seconded.
Commissioner Reyes: (UNINTELLIGIBLE) second?
Commissioner Carollo: Yep.
Chair Hardemon: Seeing no further discussion, all in favor; say "aye "
Vice Chair Russell: Aye.
Commissioner Carollo: Aye.
Commissioner Reyes: Aye.
Chair Hardemon: Note me as against. Motion passes.
Mr. Hannon: That's 4-1, with a deferral to December 13.
Mr. De Grandy: Thank you.
Commissioner Carollo: Don't forget the check, please, the cashier's check.
Mr. De Grandy: I won't. Thank you.
Vice Chair Russell: Thank you.
Commissioner Carollo: Thank you.
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RE.7
RESOLUTION
2526
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM
Estate and Asset
SPECIAL ELECTION ON FOR THE PURPOSES OF
Management
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
NAYS:
MIAMI ("CITY') FOR THEIR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL
THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5
ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR
A 45 -YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS;
MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH
ESCALATIONS) TOTALING APPROXIMATELY $203,984,060
OVER THE INITIAL TERM; 6% OF GROSS REVENUES;
APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED
INVESTMENT TO REDEVELOP THE MARINAS IN AN
ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT
STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?";
DESIGNATING AND APPOINTING THE CITY CLERK AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH
RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO
CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO
BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Russell, Gort, Carollo, Reyes
NAYS:
Hardemon
Notes for the Record. Item RE.7 was deferred to the December 13, 2018, Regular
Commission Meeting.
For directives referencing Item RE. 7, please see Items NA.6 and NA. 7.
For minutes referencing Item RE. 7, please see Item RE. 6.
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RE.8
RESOLUTION
4685
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of
THE BIDS RECEIVED MAY 23, 2018, PURSUANT TO INVITATION
Innovation and
FOR BID NO. 823382, FOR TELECOMMUNICATION WIRING,
Technology
WIRELESS RADIO AND ANTENNA INSTALLATION SERVICES
ABSENT:
FROM QUALITY WIRING, INC., THE RESPONSIVE AND
RESPONSIBLE BIDDER, FOR THE INNOVATION AND
TECHNOLOGY DEPARTMENT ("IT"), ON AN AS -NEEDED BASIS,
FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE
OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR
PERIOD; ALLOCATING FUNDS FROM THE IT GENERAL FUND
AND OTHER FUNDING SOURCES, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS,
AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY
MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
("CITY CODE"), INCLUDING THE CITY OF MIAMI'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE
REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0428
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Russell, Gort, Reyes, Hardemon
ABSENT:
Carollo
Note for the Record. For minutes referencing Item RE. 8, please see "End of
Consent Agenda. "
RE.9
RESOLUTION
4834
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE COLLECTIVE BARGAINING
Human Resources
AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE
EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL
EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2020,
AND THE MEMORANDUM OF UNDERSTANDING CONCERNING
THE PENSION MULTIPLIER DATED AUGUST 9, 2018.
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ENACTMENT NUMBER: R-18-0413
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Ken Russell, Vice Chair
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardenzon: RE.9.
Commissioner Gort: Thanks.
Commissioner Carollo: Well, they were a million -- (UNINTELLIGIBLE).
Vice Chair Russell: Someone presenting?
Chair Hardenzon: Is there someone from the Administration that would like to
present RE.9?
Commissioner Reyes: You might need an additional (UNINTELLIGIBLE).
Commissioner Carollo: No, no, no. This is different. This is not the one. Yeah.
Okay. Who's going to brief the Commission on the final, final deal that was made?
Emilio T. Gonzalez (City Manager): AFSCME (American Federal, State, County,
and Municipal Employees), sir. Please.
Commissioner Carollo: This one is final, right?
Joe Napoli (Deputy City Manager): This is -- this has been -- this is final, ready for
your approval.
Commissioner Carollo: This is not a fake deal.
Mr. Napoli: No.
Commissioner Carollo: Right? It's the real deal?
Mr. Napoli: This is the real deal, yes.
Commissioner Carollo: Because last meeting, the Mayor came up here and said we
had a done deal with Fire and Police. And the minute we walked out, you guys told
me we didn't, and we'd still be negotiating it, and I don't know where we're at with it
now.
Mr. Napoli: Well --
Commissioner Carollo: But we didn't have a deal back then.
Mr. Napoli: -- this is -- this has been agreed, subject to the Commission's approval,
the AFSCME contract, the two Fire --
Commissioner Carollo: Yeah, but that's not what I said. I was saying about the
others. This one, you just got to explain, but I want to make sure that --
Chair Hardenzon: That this was the one -- right? -- the one that came --
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Mr. Napoli: Yes.
Chair Hardemon: -- on a clip?
Mr. Napoli: Yes, the 1907. That's what you're looking at now.
Commissioner Carollo: Did -- was this approved by the employees?
Mr. Napoli: This was ratified by the employees.
Commissioner Carollo: What was the vote on ratification, ifI may ask, if we know?
Mr. Napoli: Sean is right over there, sir; he can answer that.
Commissioner Carollo: Okay. Sean, how are you?
Sean Moy: Sean Moy, Miami General Employees, Local 1907, Union President.
Commissioner, the vote was 99.48. That was the approval by the members of the
Bargaining Unit.
Commissioner Carollo: 99.48?
Mr. Moy: Yes, sir.
Vice Chair Russell: I'll move the item.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Reyes: Second.
Chair Hardemon: Properly moved and seconded. Any further discussion?
Commissioner Carollo: None.
Chair Hardemon: All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Todd B. Hannon (City Clerk): As --
Commissioner Carollo: Congratulations.
Mr. Hannon: -- amended.
Mr. Napoli: Thank you, Commissioners.
Commissioner Reyes: As amended.
Mr. Moy: We just want to thank all the Commissioners, the Mayor. We spent
countless hours and more than a year in negotiations. We couldn't have done this
without you guys. This is a partnership between the employees and the
Administration. In 2010, we suffered enormous cuts, and the City's now doing the
right thing, and we're on path to recovery for wages and benefits, and we're doing it
gradually. Not everything is being restored on the first year. Somethings are being
done on the second and the third year. And the Finance Committee has approved
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this agreement, and this is prudent, and this is the right thing to do, and we're
thankful. This is a great agreement, and it's great day for all general employees of
the City, and we thank you guys.
Commissioner Carollo: Well, we thank you. We're very grateful for the work that
all your members have done throughout the years and the sacrifice they have made;
and particularly, you know, the fact that out of all the unions, you were first --
Commissioner Reyes: The only one.
Commissioner Carollo: -- in coming to an agreement with the City. That says a lot.
We appreciate it. And we hope to have this kind of work relationship with you for
years to come. And I'm glad that you listened to the wise -- wisdom of Chairman
Hardemon on something to the effect that, "Who comes to the table first, usually
does better, " so.
Commissioner Reyes: Yep.
Mr. Moy: Thank you, Commissioner.
Commissioner Carollo: Didn't you say something like that? Or was it I?
Chair Hardemon: No, I didn't say --
Commissioner Carollo: Okay.
Chair Hardemon: (UNINTELLIGIBLE) something like that. Thank you very much.
Commissioner Carollo: Thank you.
Chair Hardemon: Going to go to our PZ (Planning & Zoning) agenda item. Mr.
Clerk.
Vice Chair Russell: Did we vote? Oh, we did vote.
Chair Hardemon: We did, yes.
IAkiI3X910 N **911111101kiW
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IQa3l61'101111h'�91:07kiI1111114iv,
D1.1 DISCUSSION ITEM
4621 DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS.
Department of
Police
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Notes for the Record. Item DI.1 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item DI.1, please see "Order of the Day. "
END OF DISCUSSION ITEM
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PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS)
Chair Hardemon: Okay. Now here we are, gentlemen. We have -- we do have the
rest of the morning agenda to finish. Of course, we have the item concerning Ultra
Music Festival that is probably -- with respect for the time --
Commissioner Carollo: Going to be deferred for next year or --?
Chair Hardemon: But what I think I should do is to allow people who've come to
speak on the Planning & Zoning agenda an opportunity to speak. So this is what
we're going to do: We know that there were a number of items that we continued. If
you are here to speak on an item that was continued, I will not allow you to speak on
that item, because the item was continued, so there's no public comment on any item
that was continued. So if you're here to speak on any of the other agenda items that
are here, we will allow public comment for those items. So those items for public
comment are PZ.1, PZ.2, PZ.7, PZ.8, PZ.9, PZ.30, PZ.33, and PZ.34. So if you're
here to speak on any of those items, please approach any of the two lecterns. State
your first name, state your last name; you may state your address, and which item it
is that you're here to speak about. I'll open up public comment at this time. Seeing
no one in the chambers that wants to speak on public comment on the items of the PZ
(Planning & Zoning) calendar, like I just spoke to, I'm going to close the public
comment to PZ items on that. I'll let you speak while I'm doing something.
Ines Marrero: Thank you.
Later...
Ines Marrero: Mr. Vice Chairman, members of the Commission, good afternoon.
My name is Ines Marrero. I'm an attorney with the law firm of Holland and Knight,
with offices at 701 Brickell Avenue. I'm here again on behalf of -- with Flagler
Associates and the Havenick family, and Magic City Casino. We appear this
afternoon to address PZ.34, which is the second reading of your proposed
amendment to your City Code to impose restrictions on gambling, and know we are
here to once again state on the record our opposition to this legislation. As a follow-
up to the last meeting where this item was discussed, we had an opportunity to meet
with your City Attorney. If you remember the discussions that were had, we had an
opportunity, with our representatives to meet with your City Attorney and other
senior attorneys from her office, and walk her through the statutes, explain to her the
proposal; and most importantly, make it very clear how was the statutes that govern
gambling are explained and flushed out. It is very clear that the only facility that is
affected by your proposed ordinance is our proposed facility. I think that was made
very clear to your City Attorney. And again, we continue to raise our concerns that
this ordinance is targeted at our proposal and our business, and that we should be
exempted from the provision of these regulations. I am going to stop and let the
other speakers this afternoon to address the Commission. Thank you.
Vice Chair Russell: Thank you very much.
Later...
Vice Chair Russell: Please, we'll continue with public comment on the Planning &
Zoning agenda.
Ayme Rivero: All right. Good afternoon, Commissioners. My name is Ayme Rivero.
I live off of 17th Avenue, by the Marlins Stadium, and I'm here hoping to continue
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City Commission Meeting Minutes September 27, 2018
saying, "I'm a proud member of Commissioner Carollo's district. " I walked in here
at the last Commissioners' meeting, excited to see how our government works. I had
never been to a meeting like this before, so to me, it was a learning experience, to be
able to see firsthand how decisions are made in our city. I must say that I left here
feeling a little disheartened, confused, and very much let down. Magic City is not
just a place where I work. I personally know every one of the Havenicks, and have
been on a first -name basis with them for almost a decade. They make you feel like
family, and it's hard not to take it personally when you guys are trying to shut down
something that my family was told that they could do. The jai alai fronton and
cardroom is something that will benefit our community. We are here, members of
this community, telling you this is something that we want, something completely
constructive and beneficial, and we really hope that our words are not falling on
deaf ears. Perception is reality, and unfortunately, the perception is not in your
favor at this moment, Commissioners, because I have yet to hear a valid reason as to
why this ordinance change should pass, and how it is not targeting us. How can
something so positive that will be providing good paying jobs and lower crime rates
be shut down, without rhyme or reason? I just don't get it. Please restore our faith
in all of you and in our City's government, and oppose the changes to Ordinance
13114 today. Thank you very much.
Vice Chair Russell: Thank you for your comment.
Janet Garcia: Good afternoon, Commissioners. My name is Janet Garcia, and I
live on 915 Northwest 1stAvenue, in Commissioner Russell's district. I have worked
as a cage cashier in Magic City Casino since it opened over nine years ago. I was
present at the last Commissioners' meeting, and I felt I needed to speak here today. I
left here feeling like the rug had been pulled right from under us, and it's hard not to
take it personally. We are all here wondering what's the reason behind making
changes to an ordinance that all it does is block the opening of this new jai alai
fronton and cardroom. Something doesn't add up, and we all came here wanting
answers, and hopefully, a better outcome. Look, I'm a single mother with firsthand
knowledge of how absolutely wonderful it is to work at Magic City and for the
Havenick family. I was given the flexibility to go to school while working fulltime,
and recently graduated as an RN (registered nurse). This puts me in a position
where I know I will always be able to support my son. An employer that fosters and
encourages the betterment and personal growth of his employees, it's rare. The way
I see it, the targeting of this company by the ordinance just prevents other mothers
like myself Jrom putting food on the table for their family. That, to me, is sad, and
it's why I'm here before you. Do what's right, and please oppose the changes to
Ordinance 13114 today. Thank you very much.
Chair Hardemon: Thank you.
Tarsha McGhee: Good evening, Commissioners. My name is Tarsha McGhee. I
live at 1417 Northwest 58th Terrace. My Commissioner is Mr. Hardemon. How you
doing? First time seeing you. I work as a security agent at Magic City Casino. I
was present at the last Commissioner meeting, and I felt I should speak here today,
because of the few things I heard that were incorrect. I have seen firsthand the
safety and security measure --sorry. I have seen firsthand and the security measure;
not to mention the increase of police presence around the casino. I would love to be
able to feel safe in my own neighborhood, but I don't. You may think that I'm here,
just another testimony, but let me assure you that my personal experience is anything
but that. In 2017, my family and I became homeless. I was homeless for a year. On
January 1, 2018, I started working at Magic City Casino. Thanks to Magic City, I
can now say, "was homeless. " I actually walked the neighborhood the other night. I
was scared. I live in this area. I want it to be a better, vibrant, safer place, and this
is what it has the potential to be if this project was to pass. It's been hard not to take
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this personally, but why is this ordinance being targeted? I ask that you, our City
leaders, to do right -- to do the right thing for citizens like me, who needs their
opportunity, and will be very, very affected if this ordinance do notpass.
Chair Hardemon: Thank you very much, ma'am.
Ms. McGhee: Thank you.
Chair Hardemon: Sir, you're recognized.
Andrew Markowitz: Good afternoon, Commissioners. My name is Andrew
Markowitz, and I am the treasurer of Fraternal Order of Police Chapter 20, here at
the City of Miami. I'm here to speak on the union's behalf to support the Magic City
Casino. The FOP (Fraternal Order of Police) maintains a positive relationship with
the casino; especially the Security Director, Victor Suarez. Magic City Casino has
employed many, many, many City police officers for decades, and they maintain a
positive relationship with the Fraternal Order of Police, and we are in full support of
the Magic City Casino. Thank you for your time.
Chair Hardemon: Thank you, sir. Sir, you're recognized.
Steve Geller: Thank you. Mr. Chair, before my time begins -- my name is Steve
Geller. I spent 20 years in Tallahassee as a Senator and State Representative. I'll
be testifying today as an expert witness. I respectfully request four minutes.
Chair Hardemon: You'll be testifying when, and on what issue?
Mr. Geller: Now, on PZ. 34.
Chair Hardemon: On PZ.34?
Mr. Geller: Yes, sir
Chair Hardenzon: When we hear PZ. 34, we'll give you an opportunity to testes so
this wouldn't be the time for you, because on PZ.34, you're going to put up
information that's -- may be relevant, and this is just a public comment period.
Mr. Geller: Thank you, Mr. Chair. I appreciate it.
Chair Hardemon: No problem. Is there anyone else that'd like to speak on public
comment on the PZ agenda?
Edward Martos: Thank you very much, Commissioners. I appreciate the
opportunity. My name is Edward Martos, offices at 2525 Ponce de Leon Boulevard.
Commissioner Hardemon, I'm hereto speak on behalf-- or in favor of PZ.34. There
are serious concerns that such gambling uses present, and what this staff -- what this
ordinance does is simply create an opportunity for public input, and for you to have
a say in how this potential use will impact communities, wherever they may be. It
does not prohibit a single thing; nothing is prohibited by this; it merely creates an
opportunity. And so, I want to encourage you to pass the legislation. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Andrew Hall: Thank you. My name is Andrew Hall. My address is 2665 South
Bayshore Drive. I'm here as attorney for West Flagler Associates, which is
associated with Magic City. At the last hearing, Mr. Hardemon, you told me that
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you didn't want to hear from me. And so, now I'm using this public comment to make
sure that you -- I actually have an opportunity to be heard.
Chair Hardemon: Why didn71 want to hear from you? Refresh my recollection.
Mr. Hall: You didn't want to hear about litigation.
Chair Hardemon: Okay.
Mr. Hall: And you --
Chair Hardemon: So it wasn't a public comment item; it was --
Mr. Hall: No --
Chair Hardemon: -- you merely wanted to put some facts on the -- so it's -- so right
now you're going to speak for two minutes; is that what I m hearing?
Mr. Hall: I'm going to get right to the point.
Chair Hardemon: Okay.
Mr. Hall: And the point is that each and every one of the City Commissioners takes
an oath of office to follow the law -- or Constitution of the State of Florida and the
United States. You take an office [sic] to follow the laws of the State of Florida. By
voting against this -- or for this ordinance, you are essentially, as it applies to West
Flagler; violating your oath of office. The fact of the matter is -- and we've
demonstrated to you in a letter that I sent two weeks ago -- that we have vested rights
to develop a jai alai fronton. And the rights that are associated -- we are fully
permitted by the State of Florida Department of Pari-Mutuel Wagering to go
forward on that. The question before you is, will you ignore the vested rights that we
have, or will you change this ordinance to recognize those vested rights? We met
with the City Attorney and the Zoning Manager a week ago with an effort to try to
seek a solution. In that meeting, my impression was there was agreement. "You're
right as to the jai alai fronton. " And now, there's no provision in this ordinance, as
presented to you, reflecting that we're right; that we are exempted out. And as far as
I'm concerned, that forces us to be in litigation, and it forces you to violate the law
by denying us our rights. I'm sorry to be that direct about it, but I'm asking you to
live up to your oath of office and to vote against this ordinance, as applied to us.
Thank you.
Chair Hardemon: Thank you, sir. Is there any other person here for public
comment?
David Roberts: Good afternoon, Mr. Chairman and Commissioners. My name is
David Roberts. I'm from Tallahassee, Florida, here representing West Flagler
Associates. Previously, though, I served as the Director of the Division of Pari-
Mutuel Wagering for the State of Florida for eight and a half years, so I was the
head regulator of the gaming area, and I wanted to clear up a few things that have
been discussed at the last meeting. What I wanted to tell you is remind you that
there are no slot permits available anywhere to put in Miami. I know there were
some concerns before about that. The --there's no ability for a slot permit to go in,
either at the jai alai facility or anywhere else; that's because the constitutional
requirements do not allow it. When that was passed in 2004, the amendment, you
can't put it at any other place that wasn't inexistence at that time. The only permit
right now that'd be available in Miami -Dade County or City of Miami is another
summer jai alai permit, which will allow for limited play of jai alai between May and
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November. And it could have a cardroom, also, but it could not have slot machines.
The cardroom license would not be able to be issued until jai alai began -- begins;
that's the statute. So there is no way that the cardroom could happen before that
time/rame. The -- again, I want to restate, there's -- no slots could go into this area;
it's just not allowed by statute or the Constitution. The only permit that has been
awarded by the City of Miami -- has not begun play -- is the West Elagler Associates
Summer Jai Alai, and it was issued by the State upon reliance upon a letter from the
City of Miami Zoning that the proposed (UNINTELLIGIBLE) had no zoning
restrictions for that type of facility; and so, that's why the Department of Business
Professional Regulation Division of Pari-Mutuel Wagering issued that permit. I
believe the proposed ordinance, with its retroactive condition, would affect only one
and only facility, and that's the West Elagler Associates Summer Jai Alai. So if
there's any questions, I can answer for you.
Chair Hardemon: Thank you, sir.
Mr. Roberts: Thank you.
Scott Savin: Good afternoon. My name is Scott Savin, 401 Northwest 38th Court,
Miami. I'm the Chief Operating Officer of Magic City Casino. Good afternoon,
Commissioners. We've tried over the past two hearings to present you with all the
facts on this issue, answer all of the questions and provide an equitable solution.
Quality of life is not an issue here. Crime will be decreased in the area, traffic will
not be an issue, and hundreds of jobs will be created, with an average salary in
excess of $45, 000. This is not a casino. We've tried to clearly explain the difference
between casino gaming and pari-mutuel wagering. In the end, two powerful Miami
businessmen have decided they don't want this facility in Edgewater. They hired
attorneys to assist the City on how to write the ordinance. Based on current Florida
law, this ordinance will affect one and only one company. There is only one
permitting question, and applying it to our permitted fronton is targeting, it's single
subject. In order to avoid a very costly and potentially damaging lawsuit for the
City, there is a solution. Confirm the jai alai fronton is exempted from the
ordinance, and only the jai alai fronton. This permit has been issued by the State of
Florida in reliance upon letters from the City of Miami; and, in fact, the cardroom
license cannot be issued until after we play jai alai. So we would suggest, at the very
least, the jai alai pari-mutuel permit be unaffected by the proposed ordinance. I
work for the Havenick family. This family is the largest private employer of City of
Miami Police. This family donates its parking lot for free so City of Miami
motorcycle units and many other municipalities' motorcycle units can train safely,
and without a charge. This family gave up over $3 million in revenue after
Hurricane Irma to allow FP&L (Florida Power & Light) to occupy our parking lots;
1, 000 vehicles and 2, 000 workers. We never lost power, but we let 1, 000 vehicles
and 2,000 workers occupy our parking lots while they restored power to your
residents. We virtually closed down our business to our customers for the betterment
of City of Miami. We have been and continue to be a proud partner with the City of
Miami, having voluntarily paid in excess of $10 million to the City since we opened
Magic City Casino.
Chair Hardemon: Sir, your time has expired.
Mr. Savin: Okay, thank you.
Chair Hardemon: Thank you very much. You're recognized, sir.
Sherman Rattner: Good afternoon. My name is Sherman Rattner. I am the
President of 1809 Brickell Tenants Association. I originally was here to speak on
Number 13, BZ.13 [sic]; however, since that's been cancelled, any time I see
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something with housing, as Number 8 is, it concerns what looks like a more or less
perfunctory transaction to change who the developer is. But when I see "residential"
in there, my concern is that nothing is being done to help the affordable housing
crisis. If we just compare it to Item 13, there was just a nominal amount of
affordable housing, given the scale of the project, and workforce housing. And I am
imposing on you that before you permit this change that you ensure that there is a
substantial amount of affordable housing included in the project. And I would
include any project that goes forward in the future, given the situation we face, the
crisis -- 50 percent of the people in this city are struggling to find affordable housing
-- that every project, no matter what kind it is, must do something to deal with this
crisis, and it's incumbent upon you to make sure that happens. So before you
approve this perfunctory change, I would look at whatever the provisions are in this
development agreement and make sure that there is a substantial amount of
affordable and workforce housing included in it. And by the way, the tenants of 1809
are desperately waiting to hear something from you regarding the last meeting that
they were at There is less than a year to go. Thank you very much.
Chair Hardemon: Thank you, sir. You're recognized.
Coco Coig: Good afternoon, Commissioners. I'm the owner of a small building and
small business in Wynwood, Le Chic; it's a restaurant. I'm here to support PZ.33.
Our employees, they've been benefiting from --
Chair Hardemon: Can you state your name on the record?
Mr. Coig: PZ.33.
Chair Hardemon: Your name?
Mr. Coig: Coco. Yeah, we're supporting PZ.33, because our employees, they've
been benefiting from the beginning from the Employee Parking Program in
Wynwood, and I think we do have enough big buildings in Wynwood, and we're
trying to keep it very clean and very, very organic, Wynwood, and without the --
going on high-rises, without the big buildings, and -- with the employee program.
And the employees' been able to park on the street with a really low amount every
month. I think it's working perfectly fine, so we're trying to support the buildings
without parking, and it's -- I think this is great for businesses. We attract a lot of
people, and I think like the businesses and small buildings, they're way more
(UNINTELLIGIBLE) and more efficient, and we're just trying to support.
Chair Hardemon: Thank you, sir.
Mr. Coig: Thank you.
Chair Hardemon: Sir, you're recognized.
Gaston Miculitzki: Hello. My name is Gaston Miculitzki. I also have a business in
Wynwood. I'm here to support the PZ.33. I been involved in the area for the last
eight years in a realty. I ended up opening a small coffee shop close by to my
neighbor, Coco, and I think this program benefits a lot of the locals. And now with
the change that the area is having with more live/work options for the employees,
and even customers, a small project like the ones that, hopefully, you guys approve,
is going to be a lot of benefit for the area. Thank you.
Chair Hardemon: Thank you, sir.
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Ronald Book: See if I can make a couple points I didn't make the last time I was
here. Ron Book, 18851 Northeast 29th Avenue, Suite 10 --
Chair Hardemon: Can you start the time, please?
Mr. Book: -- Aventura, Florida 33180, on behalf of Magic City.
Chair Hardemon: Can you start the time, please?
Mr. Book: Briefly, you've heard my comments now three different times, but a
couple of things I want to make points of that I was unable to get in last time.
Number one, by the way, the sport of jai alai is not played in Las Vegas, it's not
played in Atlantic City, it's not played on the cruise ships; not played anywhere that I
know of, that has casinos and gambling, first of all. Second of all, on the issue of
fairness and the issue of deprivation of rights, first time I had a chance to address
this issue with you before the introduction, I talked about a civil rights violation
under Section 1983 of the Federal Code. And while -- you can take the action you're
going to take potentially on this ordinance and approve it, and we will file a suit.
And as I have heard over the last several days, there can be an attempt to settle this.
But if anybody thinks that a settlement will simply entail the issuance of building
permits, I'm here to tell you all, this is the issue of damages. You're targeting this
property, you're targeting the family. We can disguise it with a costume prior to
Halloween all we want, but it is what it is. There's a pattern, there's a behavior,
there's been a plan, and it may be coordinated by outside people. But the last time I
checked is -- you've heard from several here today, including your Police Union
Chief. These are good, tax paying business people who are partners of this City, and
voluntarily entered into a revenue-sharing agreement on Magic City Casino. And I
assure you, and I assure the City Attorney that we are dissecting that agreement that
you take down a seven -figure amount of money on to determine whether or not this
action violates that agreement, as well, because the family and the company are
what they are. Thank you.
Chair Hardemon: Thank you very much. Hello.
Elena Bondarenko: Good afternoon. Elena Bondarenko, with Miami Downtown
Development Authority. I'm here to let you know that our board issued a resolution
urging the City of Miami to amend Miami 21 Zoning Code, requiring that any
approval of gambling use or any similar use require unanimous approval of the City
Commission, after a public hearing. The resolution is in front of you, and it was
entered into the record.
Chair Hardemon: Thank you.
Ms. Bondarenko: Thank you.
Isadore Havenick: Hi. Nice to see you all today. Izzy Havenick, 401 Northwest
38th Court, Miami, Florida 33126. While Mr. Hall said it, I'm just going to remind
you. I do solemnly swear that I will support, protect and defend the Constitution and
laws of the United States of America and of the State of Florida and of the Charter of
the City of Miami, and in all respects, faithfully discharge the duties of my district of
the City of Miami, Miami -Dade County, Florida. To my colleagues and to all of
those I represent and serve, I pledge fairness, integrity, civility in all actions taken
and all communications made by me as a public servant. That was the oath you guys
took, and I think it's -- you know -- I've tried to reason, I've tried a motion, I've tried
everything. Again, nobody from the Edgewater neighborhood showed up. We're not
in the DDA (Downtown Development Authority), but they took a measure against us;
might be because we didn't do this deal with some of their members, but -- you know
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-- I hear there was an entail thing; you guys got an entail blast from a bunch of
residents. I heard some of you got that entail from me. I didn't send it. I'm not sure
how many other people sent theirs, but I know the one from me saying this was a had
project was not from me. You know, the law is the law. We had expert witnesses, we
had former directors of pari-mutuel wagering, we had vested rights. You know,
there's nothing more we could say, other than it's time to do the job. You guys took
an oath; not to Roy Scrota, not to Norman Braman, and not to George Perez, but to
the residents of the City of Miami. And we're the ones who are being hurt. Thank
you very much and I'm sure we'll be talking about this a little more later.
Chair Hardemon: Thank you, sir. I have personally walked outside; announced to
the line of people who are standing outside if they wanted to speak to the PZ agenda.
The individuals I brought into the chambers were to check with Francisco Garcia
regarding whether or not that their item was continued or not. Those individuals
came, and they confirmed that their items were continued, and they left. So there is
no other person that is outside that wants to speak on the public comment section, so
because of that, I'm going to close the public comment section for the PZ agenda.
The people who are outside right now, ironically, are the individuals who were
sitting here earlier, most of them, which were individuals wearing "Ultra" T-shirts,
among some other stuff. But -- so right now, what we're going to do, we'll close the
public comment section.
PART B: PZ - PLANNING AND ZONING ITEMS)
The following item(s) shall not be considered before 2:00 PM
PZ ORDER OF THE DAY
Chair Hardemon: Mr. Garcia, are you available? Francisco? There were a
number of continuances that were going to be requested for the Planning & Zoning
meeting, and I want those to be announced now on the record. Can you please tell
us what the action is first -- withdrawal, deferral, continuance -- and then which
items will follow, please?
Francisco Garcia: I'm glad to do so, sir. For the record, Francisco Garcia,
Director of Planning. I have the following items: I have Items PZ.5 and PZ. 6, which
are companion items.
Chair Hardemon: Can you tell me what the action is first?
Mr. Garcia: Yes, sir.
Chair Hardemon: Thank you.
Mr. Garcia: This -- these are -- in fact, they're all for deferrals.
Chair Hardemon: Okay.
Mr. Garcia: Right. And so, deferral for Items PZ.5 and PZ. 6 to a date of October
25; deferral of Items PZ. 10 and PZ. 11 for December 13; deferral of Items PZs 12,
13, and 14, companion items, to November 15; deferral of Items PZ. 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29; so from PZ. 15 to PZ. 29, inclusive of
both, to October 11. I want to note for the record that we are aware that two of
those items will have to be again continued, but we haven't found a final date, so we
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will be speaking with the appellants before that time to assure that a date is
conveniently set forth for them; also requesting a deferral -- rather a withdrawal in
this case -- of item PZ. 31, and a deferral of item PZ. 32 to October 25. In addition, I
expect that between now and the time the Planning & Zoning meeting begins, we will
have secured an appropriate date for the deferral of Items PZ.3 and PZ. 4. I just
don't have a date yet. I need to meet with the applicants. That's all I have, sir.
Commissioner Reyes: (INAUDIBLE) Items PZ.3 and PZ. 4?
Mr. Garcia: Yes, sir. Items PZ.3 and PZ. 4, we are trying to secure an acceptable
date for the deferral of those two items, Commissioner Reyes.
Commissioner Reyes: Okay.
Chair Hardemon: Any questions on the request for deferrals and withdrawals? Is
there a motion in accordance?
Commissioner Gort: Move it.
Vice Chair Russell: Second.
Chair Hardemon: Properly moved and seconded to defer and withdraw the items as
listed on the record. Seeing no further discussion, all in favor; say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Mr. Garcia: Thank you.
Chair Hardemon: Okay. So that leaves us -- on the PZ (Planning & Zoning)
agenda, we have PZ. 1, PZ.2, PZ. 3, PZ. 4, PZ. 7, PZ.8, PZ.9, PZ.30, 31, 33, and 34 left
to consider at this time. I'm sorry. You said 33 and 34, you're looking for a date or
a time?
Francisco Garcia (Director, Planning & Zoning): 33 and 34 are presently slated to
be heard.
Chair Hardemon: They're to be heard. Okay.
Mr. Garcia: To be heard, sir. In addition to that, if I may, I've secured a date for
the deferral of items PZ.3 and PZ.4 with the applicant, and those are proposed to be
deferred to the meeting of October 25.
Victoria Mendez (City Attorney): Chairman, and I believe PZ. 31 is also --
Mr. Garcia: Withdrawn.
Ms. Mendez: --withdrawn.
Mr. Garcia: As noted.
Todd B. Hannon (City Clerk): Chair, would you like to make PZ.3 and 4 a part of
the previous order, or do you want to take a new vote for just 3 and 4?
Chair Hardemon: Let's just take a new vote.
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Mr. Hannon: Okay.
Chair Hardemon: Yeah. It's been properly moved, and seconded by the Chair. All
in favor; say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: That motion carries.
Commissioner Carollo: Can you also show me voting with the motion on the items
that are (UNINTELLIGIBLE) on PZ items?
Mr. Hannon: For the list that we just --?
Commissioner Carollo: Yeah.
Mr. Hannon: Yes, sir.
Chair Hardemon: He was in earshot.
Mr. Hannon: Yes.
Later...
Todd B. Hannon (City Clerk): Excuse me, Chair.
Chair Hardemon: Just for in here; I'm going to check outside.
Mr. Hannon: Yes. I'm just going to administer the oath. Anyone speaking on
today's Planning & Zoning items, for the ones that are remaining on the agenda;
anyone speaking on the remaining 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.
Vice Chair Russell: Mr. Clerk, what was the vote just before I came in?
Mr. Hannon: I can go down the list or if you'd like me to just speak with you
separately --
Vice Chair Russell: That's fine.
Mr. Hannon: Okay.
Later...
Victoria Mendez (City Attorney): Vice Chairman?
Vice Chair Russell: Yes, ma'am.
Ms. Mendez: IfI may, could I read the procedures?
Vice Chair Russell: Yes.
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Ms. Mendez: Thank you. 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 communications, pursuant
to Florida Statute Section 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning
Code. Any person may be heard by the 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 may
be heard at such later date as the City Commission takes action on such proposition.
The Chairman will advise the time for the opportunity to address the City
Commission during the public comment period. When addressing the 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 are 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 present its application or request to the City
Commission. If the applicant agrees with staff, the City Commission may proceed to
its deliberation and decision. The applicant may waive the right to an evidentiary
hearing on the record. The order of presentation shall be as set forth in Miami 21
and the City Code. The City requires that any person 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.
Vice Chair Russell: Thank you, Madam City Attorney.
PZ.1
RESOLUTION
3402
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), CLOSING, VACATING, AND DISCONTINUING
Planning
FOR USE, PURSUANT TO SECTION 55-15 OF THE CODE OF THE
AYES:
CITY OF MIAMI, FLORIDA, AS AMENDED, A PORTION OF A PUBLIC
STREET GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
NORTHWEST 10 AVENUE AND SPRING GARDEN ROAD, AND TWO
(2) PLATTED WATER MAIN EASEMENTS IN PRIVATE PROPERTY
WITHIN THE TENTATIVE PLAT OF SPRING GARDEN ESTATES
PLAT #1896-A, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0424
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: PZ. 1. Let me see. The Chair would like to entertain a motion to
approve PZ. 1.
Commissioner Reyes: I second it.
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Chair Hardemon: It's been moved by Commissioner Reyes; seconded by the
Chairman, inclusive of the --
Ben Fernandez: The covenant.
Chair Hardemon: -- covenant.
Mr. Fernandez: Yes, Declaration of Restrictions. We'd just like to make one
modification to the language, which would read that "The owner shall contribute
$100,000 to a City Revitalization Trust Fund, to be used for affordable housing
purposes within 30 days of the effective date of the resolution vacating the right-of-
way and the easements. "
Chair Hardemon: All right.
Barnaby Min (Deputy City Attorney): Mr. Fernandez, if you could submit that to the
Clerk, please.
Mr. Fernandez: I'm sorry?
Mr. Min: If you could submit an amended copy to the Clerk, please.
Mr. Fernandez: Absolutely, yes.
Chair Hardemon: All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
PZ.2
RESOLUTION
4029
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE CLOSING, VACATING,
Planning
ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION
OF A STREET OF APPROXIMATELY 0.185 ACRES (OR
APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF
APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939
SQUARE FEET) WITHIN THE LIMITS OF APPROVED SANDPIPER
VILLAS TENTATIVE PLAT, NO. 1872-B, LOCATED BETWEEN SOUTH
VENETIAN DRIVE AND BISCAYNE BAY, ON THE WEST SIDE OF
SOUTH VENETIAN COURT, ON BISCAYNE ISLAND, MIAMI,
FLORIDA, PURSUANT TO SECTION 55-15 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: R-18-0425
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: Mr. Clerk -- Oh, we've already read everyone and blessed
everyone here, so let's do this: PZ. 2.
Commissioner Carollo: Any chance that we will finish by 7:30 or so or --?
Commissioner Reyes: 8 o'clock.
Chair Hardemon: Oh, you mean like totally?
Vice Chair Russell: The budget?
Chair Hardemon: We shall see.
Commissioner Carollo: Trying to sweeten me up, huh?
Vice Chair Russell: I need a couple minutes (UNINTELLIGIBLE).
Commissioner Carollo: You're trying to sweeten me up.
Commissioner Reyes: No, no, no.
Vice Chair Russell: I mean, we still got gambling. We still got --
Commissioner Carollo: What --
Chair Hardemon: PZ. 2.
Commissioner Carollo: --item?
Chair Hardemon: PZ. 2.
Vice Chair Russell: We still have regular agenda items, right?
Chair Hardemon: You can begin. That's fine.
Iris Escarra: Good evening, Commissioners. Iris Escarra and Brian Dombrowski,
with offices at 333 Southeast 2nd Avenue. This item was actually heard before you
at the last meeting. This is a closure, a vacation for a co-op at 110 -- 1110 Venetian
Causeway, the Sandpiper Organization. We've heard from a lot of the members. We
have some of the owners here today as well. There was three questions that was left
open at that meeting. The first one was, what is the bond reimbursement amount in
the event that the street is finally closed and vacated? I have been working with your
staff to ascertain that. They have already requested that and made it a condition of
our application. However, the amount is yet unknown. However, I want to put on
the record and assure you that when the amount is determined, we will pay that
reimbursement amount, but it took a little bit more time to find out, and staff is
working on that. The second item that was asked of us was to provide the tax
valuation for that land today and tomorrow for it. Right now, it's non -tax land
because it's a street. It will be $120 per square foot if it were to be put back into the
roll with a parking restriction. So the Planning, Zoning & Appeals Board asked that
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City Commission Meeting Minutes September 27, 2018
it remain a surface parking lot. We have had an appraiser, Bob Gallaher (phonetic)
do an analysis, and he said that if it did not have the parking restriction, it would be
taxed at $220 per square foot What that means to the City: At $120 a square foot,
it would be a total of 25, 000 extra dollars in taxes a year; of which, the City would
receive 9,643; the School Board would receive 8,399; and the County, 7,398,
because when the tax is assessed, everybody gets apiece. If it were -- to remove the
restriction with regards to the parking, it would be 42,368 a year; of which, the City
would receive 16,060; the School Board, 13,988; and the County, 12,320. The sliver
of land is approximately 10, 000 square feet, and it is in front of our site, and then the
County's right-of-way begins. Those are the three informations [sic] that you asked
for: the bonds, the valuation and what it means to the City from a valuation
perspective, as well as with and without the parking restrictions.
Vice Chair Russell: Mr. Chairman?
Commissioner Carollo: And with the parking restrictions, you will give us a deed
that you will not build anything else there; only that it will be used for parking?
Ms. Escarra: Only surface parking. And we have a covenant that we've proffered
into the record --
Commissioner Carollo: Okay.
Ms. Escarra: -- keeping it as a surface park, because that's what they intend to use it
for. They need to improve it and control the parking.
Commissioner Carollo: Yeah, I understand that. I, for one, will be fine with that,
whatever the amount is that the City figures that you got to pay us --
Ms. Escarra: Correct.
Commissioner Carollo: --for the street closure; then, you know, you will include it
and proffer it in whatever documents that you have to sign for the City and --
Ms. Escarra: It would be a covenant.
Commissioner Carollo: Yeah.
Ms. Escarra: And what that would mean is in the future, if something ever happens -
Commissioner Carollo: Sure.
Ms. Escarra: -- they would have to come before you to remove that parking
restriction.
Commissioner Reyes: Okay.
Commissioner Carollo: But, yeah --
Vice Chair Russell: I'll make the motion with the covenant.
Commissioner Carollo: -- that's for the parking restriction. I'm talking about the
monies for the street closure.
Chair Hardemon: It's been properly moved --
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Ms. Escarra: Oh, no, no, no. Yeah, yeah. I have pay that --
Commissioner Carollo: Yeah. Yeah.
Ms. Escarra: -- before I can proceed with the plat.
Commissioner Carollo: Well, I know that.
Ms. Escarra: It's already a condition.
Commissioner Carollo: But you don't know the amount yet, so --
Ms. Escarra: No, I don't.
Commissioner Carollo: -- you're proffering that whatever the amount is --
Ms. Escarra: Correct. That's a fair --
Commissioner Carollo: (UNINTELLIGIBLE). Yeah.
Ms. Escarra: -- it's a fair valuation of whatever it was.
Commissioner Carollo: Yeah, yeah. Sure. Okay.
Commissioner Reyes: To make the things clear, this is going to be used for surface
parking only?
Ms. Escarra: Correct.
Commissioner Reyes: And having that restriction increases the -- I mean, decreases
the amount of taxes that would --
Ms. Escarra: It decreases the value of the land --
Commissioner Reyes: Okay.
Ms. Escarra: -- because that's the highest and best use.
Commissioner Reyes: As of now, you're going to use it only for surface parking?
Ms. Escarra: Correct.
Commissioner Reyes: Any other changes have to come before us.
Ms. Escarra: Correct.
Commissioner Reyes: Okay. And then the covenant -- I mean -- well, that's -- that is
providing that you have paid for whatever is dictated. I mean, and whatever --
Ms. Escarra: Correct.
Commissioner Reyes: -- yeah, whatever amount it is. Okay.
Ms. Escarra: Just to give you all a preview, today we close and vacate the street. I
have four years to finalize my plat, which will come back before you. When the plat
comes before you, I will have already had to pay the bond and everything --
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Commissioner Reyes: Okay.
Ms. Escarra: -- in order to for the --
Commissioner Reyes: Okay.
Ms. Escarra: -- final plat to conte before this board.
Commissioner Reyes: Okay. I'll move it.
Commissioner Carollo: I'll be in (UNINTELLIGIBLE).
Vice Chair Russell: I'll second.
Commissioner Reyes: I'll move it. Okay. I move it.
Chair Hardemon: It's been properly moved; seconded by --
Commissioner Carollo: Now you're moving it based upon --
Commissioner Reyes: Based upon --
Commissioner Carollo: -- the
Chair Hardemon: Well, the mo --
Commissioner Carollo: -- deed restrictions.
Chair Hardemon: -- the move --
Commissioner Carollo: It would be --
Chair Hardemon: I want to be clear. Hold on.
Commissioner Carollo: -- for parking.
Commissioner Reyes: That's right. Without --
Commissioner Carollo: We'll get less money --
Chair Hardemon: Listen tome.
Vice Chair Russell: Let the Chair --
Commissioner Carollo: But in the long run, we could get more.
Chair Hardemon: Gentlemen, the mover on this motion was Commissioner Russell.
Commissioner Reyes: Oh.
Commissioner Carollo: Oh, okay.
Chair Hardemon: Whatever Commissioner Russell says in his motion --
Commissioner Reyes: Oh, I thought --
Chair Hardemon: -- because all he did was move it.
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Commissioner Reyes: I thought he was the second. I don't know.
Commissioner Carollo: We didn't hear him.
Chair Hardemon: No, no. He made a motion when people --
Commissioner Carollo: Okay.
Chair Hardemon: -- were kind of -- when people were talking, so he is the mover. Is
there a second to Commissioner's motion to approve the item?
Commissioner Reyes: I second.
Commissioner Carollo: What is the motion that he made?
Vice Chair Russell: The item as written, which includes the covenant.
Ms. Escarra: It includes the covenant.
Vice Chair Russell: Absolutely.
Ms. Escarra: It's in the record.
Commissioner Carollo: Okay.
Commissioner Reyes: Okay.
Chair Hardemon: So it's been properly moved --
Commissioner Carollo: All right.
Chair Hardemon: -- seconded by the gentlemen to my right and to my left. Any
further discussion? Hearing none, all in favor of that motion, say "aye. "
The Commission (Collectively): Aye.
Ms. Escarra: Thank you very much.
Chair Hardemon: You're welcome. Motion passes.
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PZ.3
ORDINANCE First Reading
4414
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
AYES:
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
ABSENT:
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Note for the Record. Item PZ.3 was continued to the October 25, 2018, Planning
and Zoning Commission Meeting.
PZA ORDINANCE First Reading
4415 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Planning CLASSIFICATION FROM 73-0," SUB -URBAN TRANSECT ZONE -
OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE -
RESTRICTED, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Note for the Record. Item PZ.4 was continued to the October 25, 2018, Planning
and Zoning Commission Meeting.
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City Commission Meeting Minutes September 27, 2018
PZ.5
ORDINANCE First Reading
4233
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
AYES:
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
ABSENT:
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW
DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 3710
NORTHWEST 13 AVENUE AND 1329 NORTHWEST 37 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.5 was continued to the October 25, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.5, please see "PZ Order of the Day. "
PZ.6
ORDINANCE First Reading
4412
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
AYES:
CLASSIFICATION FROM 73-0," SUB -URBAN - OPEN, TO 74-R,"
ABSENT:
GENERAL URBAN - RESTRICTED, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3710 NORTHWEST 13 AVENUE
AND 1329 NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE
VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE
COVENANTS; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.6 was continued to the October 25, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ. 6, please see "PZ Order of the Day. "
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City Commission Meeting Minutes September 27, 2018
PZ.7
RESOLUTION
4540
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE CLOSURE, VACATION,
Planning
ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A
AYES:
STREET LOCATED AT NORTHEAST 14 TERRACE BETWEEN
ABSENT:
BISCAYNE BOULEVARD AND NORTH BAYSHORE DRIVE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AN INCORPORATED, PURSUANT TO SECTION 55-
15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0426
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Chair Hardemon: PZ. 7.
Commissioner Carollo: PZ. 7, which is -- okay. PZ. 7, Madam -- Well, Mr. City
Attorney, you tell us how we could give this street strictly to the County so that they
will be responsible for whatever they do with it.
Barnaby Min (Deputy City Attorney): Under the Code, sir; the -- both sides --
Commissioner Carollo: I'm not talking about the Code.
Mr. Min: I --
Commissioner Carollo: I'm talking about how can we give it strictly to the County?
Mr. Min: So I believe the only way to do that is unless you amend the Code to say
that you can give it to just one side instead of both sides, which is what the Code
currently says, or unless --
Commissioner Carollo: I don't mind closing a street; that we don't need to close it,
as I stated before, because we're using it. I don't mind closing it and giving it to the
County. I do mind if we're going to split it down the middle and create the precedent
that we're giving part of that for nothing to Genting that has plenty of money -- they
could pay us whatever for it; it's not going to hurt them -- because then that
precedent will be set and people will point to it for future requests that are going to
be conning our way.
Mr. Min: Yes, sir. My second suggestion was going to be if there is some type of
agreement that shows a transfer of the property interest to the south, which is
currently owned by Genting, to Miami -Dade County, who is the property owner to
the north, which would then show that the County is the property owner of both the
north and south side, that will ensure this property goes to Miami -Dade County.
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Commissioner Carollo: Well, you figure out what we got to do so we could approve
and give it to the County, so that Genting is not in the midst of it, because, truly, I'll
tell you how I feel. The reason that we're here on this whole thing is because the
property, as you said, next door is owned by Genting, and in the future, they could
then connect the property they're acquiring in lease with the other property as one
and combine it as one. I mean, they're a business company. They're fine. I have
nothing against Genting, but you know what? If they're good businesspeople, why
can't the City of Miami be a good business entity? Why do we always have to be the
chump? And that's all that I'm saying. And, you know, for them to really make
anything solid of the rest of those properties all across there, they're going to need to
come to the City to acquire streets, air rights, etcetera. That whole drawing that we
saw years ago that never came to be, that was based upon several acres of City land
that they were going to acquire.
Vice Chair Russell: Mr. Commissioner, is that a move to deny PZ.7 as -- so as not to
vacate it?
Commissioner Carollo: Well, it's a motion asking the City Attorney how we could
give the land -- the street to the County, but not to have a street closure where we're
giving the other property owner half, which will be Genting, and the County half.
Vicky Leiva: Vicky Leyva: Through the Chair, please. I may be -- answer that
question --
Commissioner Carollo: Yeah.
Ms. Leiva: --Commissioner Carollo, ifI may?
Vice Chair Russell: Go ahead.
Ms. Leiva: For the record, Vicky Leyva, with the law firm of Bilzen Sumberg, offices
at 1450 Brickell Avenue. What I have passed out for you is the tentative plat that has
been approved by the Plat and Street Committee of the City of Miami, as well as the
Plat Committee of Miami -Dade County. If you look at the line of demarcation, the
entire City street by plat has already been transferred in the tentative plat, in its
entirety, to Miami -Dade County.
Commissioner Carollo: Okay.
Ms. Leiva: Further, after the final plat is done, which is at the appropriate time, my
clients will be confirming that transfer by issuing a deed, a fee simple deed, for what
would be their half of the street that would revert to the County. So it's being done
by plat, and it's being done by legal -- a document. Now, ifI may take a few minutes
just to --
Commissioner Carollo: Vicky --
Ms. Leiva: -- explain.
Commissioner Carollo: -- I appreciate that, because that's what was proffered to me
by the County several days ago, and this is why I was perplexed when I saw this. So
I'm glad that someone was able to explain to me how that was accomplished. The
only other thing that I want to place on the record, I don't want this in any way,
shape, or form to be looked upon by your client that we've established how, in the
future, if they're going to ask us -- because they're going to need it; not because we
don't use those streets --for any street closure or air rights that they understand this
is not a precedent.
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Ms. Leiva: Absolutely, Commissioner, and we fully understand that.
Commissioner Carollo: Okay.
Ms. Leiva: The issue here is that this is really a County project. And the reason why
I've become the face of this is twofold: One, your Chapter 54 and subdivision
requires the property owners on both sides of the street to join the plat. The County
could not have brought this application by themselves. We are required by law to be
there. The other issue is the fact that we have a lease with the County on that site,
and that lease requires my client to be the processor of all the permits necessary for
the redevelopment of the bus terminal. That lease also requires my client to spend
over $20 million, giving the County a brand-new bus depot. It will be the first
roofed, glass -enclosed, air conditioned, bus depot in the City of Miami. So that is
the reason why you see me. But the County's here tonight; they're represented by
Mr. Jose Vidal from Transit, by Mr. Lieberman from -- I'm not introducing you to
these people -- the County Attorney's Office, and then by someone who needs no
introduction, because you all know her as Alice Bravo. So Ms. Bravo, would you
like to address the Commission?
Vice Chair Russell: Ms. Bravo.
Alice Bravo: Good afternoon. Alice Bravo, Director of Transportation and Public
Works for Miami -Dade County. Thank you for the opportunity to speak to you today
about this item. I'm hereto request that you do approve this item. And basically, all
the peo -- all the users of our Miami -Dade Transit System, including the
Metromover, stand to benefit from this project. In 20 -- January of 2015, the County
issued a Request for Proposal to redevelop this site and build a new air-conditioned
bus facility, the first of its kind in our system. And basically, one of the conditions of
the lease is that the developer is to work with us in order to secure this property and
turn it over to the County, so it's important that this item be approved today; if not,
they actually have a reason to get out of this lease with us that brings $22 million of
improvements to the Metromover System; and as you all know, the Metromover is
free of charge, used by 35, 000 people every day, and it exists exclusively within the
limits of the City of Miami. So this decision today is very important in order to
maintain this lease in place that is a result of a Request for Proposal that the County
issued over three years ago.
Vice Chair Russell: Thank you, Ms. Bravo. And we 've just received a letter from the
Honorable Commissioner Audrey Edmonson, asking for our support in this effort, as
well.
Ms. Leiva: Through the Chair, Commissioner Edmonson asked me to please read it
into the record. May I?
Vice Chair Russell: Of course.
Commissioner Reyes: "Dear Commission Members, I write to request your support
for the closure of Northeast 14th Terrace, from Biscayne Boulevard to North
Bayshore Drive. This one block -long street closure is the basis for an opportunity to
improve the lives of a substantial number of residents in the City of Miami and
Miami -Dade County. Following a response to a request for proposal, Miami -Dade
County entered into a lease in 2017 with Resort World Miami, which, among other
terms, requires the demolition and redevelopment of the bus depot and refurbishing
of the Metromover Station at the corner of Biscayne Boulevard and 15th Street. The
current bus depot property, owned by Miami -Dade, is not wide enough for a modern
and convenient bus terminal. In order to provide our residents with a roofed, glass -
enclosed, air-conditioned bus terminal, and to assist with traffic concerns by
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City Commission Meeting Minutes September 27, 2018
utilizing articulated buses during peak hours, a wider property footprint is needed.
Under the 2017 lease, Resort World Miami will be spending over $20 million in said
improvement to the County's property. The only solution to obtain a wider footprint
is to close the one -block -long 14th Terrace. I hope that together we can jointly
improve the quality of life for the residents of the district that we share, as well as
the thousands who utilize the bus depot and Metromover Station. Sincerely, Audrey
M. Edmonson, Vice Chairwoman, Miami -Dade Board of County Commissioners. "
Vice Chair Russell: Thank you very much.
Ms. Leiva: Thank you.
Vice Chair Russell: Commissioner Carollo, based on your new understanding, is
there a motion you'd like to proffer?
Commissioner Carollo: There's a motion that would proffer --
Commissioner Reyes: I'll second it.
Commissioner Carollo: -a discussion --Manny Prieguez wanted me to ask you it --
there's not going to be any slot machines, poker rooms, or jai -alai there?
Ms. Leiva: Where is Manny?
Vice Chair Russell: It's been moved and seconded. We'll open the floor -- we'll open
the dais for any discussion. I just am very excited for what this area can and will
become. There's a lot going on there. At the moment, it's probably the largest
blighted area on our waterfront, on very, very valuable land. Genting has activated
that site. They approached us -- actually, I was approached by Art Miami about two
years ago, looking for a new site after Midtown was getting developed, and they
were looking potentially at Museum Park to lay the concrete pads of the tenting
necessary. I said, "Please, go talk to Genting. " And it's turned out to be a beautiful
partnership. In their difficulties of looking towards permitting in that, I noticed that
their footings would have precluded the bay walk, based on where they were placed.
This is actually the largest missing piece of bay walk that would connect Margaret
Pace Park, all the way with Museum Park, all the way with Bayfront Park, all in one
fell swoop. And so, they did adjust their plans to move those footings, and they gave
their commitment to complete their section of the bay walk, even if on a temporary
basis, because I know the long-term plans there involve a new seawall and
everything. So they haven't triggered their Code need to build a full bay walk to --
but they have offered to do a temporary bay walk by this coming Art Miami, and
really, this is going to be absolutely amazing. It's going to be a beautiful connection;
people will be able to come to the Art Show during the Basel season, and I think it's
just the next big step on our bay walk. So I really thank Genting for that
commitment. So is there any further discussion from the dais on this item?
Commissioner Reyes: Nope.
Vice Chair Russell: All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. My gavel's over there.
Ms. Leiva: Thank you.
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PZ.8
ORDINANCE First Reading
4664
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO THE
Planning
AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN
AYES:
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER
NAYS:
163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING GROUP,
ABSENT:
INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF -CIRCLE
PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC,
LOVELY RITA ACQUISITIONS, LLC, OAK PLAZA ASSOCIATES
(DEL.) LLC, BEN NEWTON LLC, SWEET VIRGINIA ACQUISITIONS,
LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA
DESIGN 4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN
GIRL DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW,
LLC, TINY DANCER ACQUISITIONS, LLC, AND THE CITY OF MIAMI
("CITY") REGARDING THE MIAMI DESIGN DISTRICT RETAIL
STREET SPECIAL AREA PLAN ("MDDRS SAP") FOR THE PURPOSE
OF RELEASING FLAGLER HOLDING GROUP, INC. ("FLAGLER")
FROM THE MDDRS SAP DEVELOPMENT AGREEMENT AND
REMOVING THE PROPERTY LOCATED AT APPROXIMATELY 4218
NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED WITH THE INTENTION THAT FLAGLER WILL
ENTER INTO A NEW DEVELOPMENT AGREEMENT WITH THE CITY
THAT IS SUBSTANTIALLY SIMILAR IN NATURE; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE;
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:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Reyes
NAYS:
Hardemon
ABSENT:
Carollo
Note for the Record. For additional minutes referencing Item PZ.8, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardenzon: I'll call up PZ.8.
Commissioner Carollo: PZ.8.
Chair Hardenzon: PZ. 8 and 9, we'll skip through it.
Commissioner Carollo: Which is this one?
Chair Hardenzon: So can you tell me why we need to amend this? Because the
number of individuals that I see that are named in this thing -- like, for instance,
Flagler Holding Group, Incorporated; Monte Carlo Associates; Half -Circle
Property; Norwegian Wood Acquisitions; Lovely Rita Acquisitions; Oak Plaza
Associates; Ben Newton; Sweet Virginia; Dacra Design; Dacra Design Moore -- I
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mean, be specific -- FCAA, Dacra Design 4141, Penny Lane Acquisitions, Uptown
Girl Development, Sun King, MDDA Morning Dew, Tiny Dancer Acquisitions. So
there's just a great deal of businesses that were originally put a part of this SAP
(Special Area Plan) that are now being removed, and saying, "Oh, we'll follow the"
-- "but we'll follow the recommendations of the SA" -- "of the agreement; we just
want a separate agreement. " Tell me why that makes sense, because that --
Marissa Amuial: Yeah.
Chair Hardemon: -- sounds like a lot of work for someone to follow up on that's not
going to get done.
Marissa Amuial: Yes. I'll answer in just a moment. Marissa Amuial, for the record,
with Akerman, and we represent the applicants for PZ.8 and 9. So just a little bit of
background. So all of those entities that you named, except for one, are all MDDA-
owned entities. So the reason -- so what we're trying to do here today is essentially
group out just that one, Flagler Holding Group, into its own separate development
agreement. This aids with predictability for development, ease of signing
documents, working with the local municipalities, lenders, et cetera, but we are
leaving all of the MDDAINDDs intact so the other dozen entities you see there will
stay with that master development agreement, and it's just that one non-MDDA entity
that will have its own development agreement. We are not changing any rights. We
are not relinquishing any obligations --
Chair Hardemon: But why should I do that? I'm asking you, why should I do that?
Ms. Amuial: A few reasons. We --for sake of, you know, signing documents, we've
been held up. We have been -- there's efficiencies with the City itself in terms of
basically administrating the SAP itself. So because they're not -- they don't share
common ownerships, it would be better for them to be split into two different
development agreements.
Chair Hardemon: Its -- the problem that I'm having is we didn't put these NCDs
together; you did.
Ms. Amuial: Correct --
Chair Hardemon: And so, what's hap --
Ms. Amuial: And if going backwards --
Chair Hardemon: -- so what's --
Ms. Amuial: -- we would have changed it. Right.
Chair Hardemon: -- happening is -- so the first thing that comes to my mind is, so
what happens if this group decides that it doesn't want to follow the agreement?
And you're telling me, "Oh, we have the same agreement, " but the master group will
be able to say, `It's not us. It's just them. They're the ones not" -- "they're not" --
"they're the ones not following the agreement. They're the ones that aren't in
accordance with what we've outlined. They're the ones that should be punished or
not punished. " Moreover, the additional work into following them now in their
development agreements versus the SAP and its development agreement -- because it
-- we've been all saying that the SAP that the Miami Design District has has been
probably one of the best that we've had, you know. It hasn't been something that's
been completely intrusive to other people's neighborhoods, et cetera. And so, here
we are starting to -- you know, we did something upfront, but now we're starting to
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make these changes on the back end, and that's a fear of mine, because somebody
somewhere, who earns a lot more money than me and is much smarter than I am, is
behind this. And when you have, you know, attorneys like Akerman, who are trying
to achieve their client's desire, I'm worried that that desire's going to be a slap in the
face to the people who are tasked with living in this place, and, you know, dealing
with the benefits that have been outlined in the SAP.
Ms. Amuial: So I'm glad you brought accountability up, because I actually think by
separating the two entities out, or the two, you know, common ownership entities out,
there will be better accountability. So, for example, we have aggregating --
aggregated parking rights, or open space or civic space rights. So as of right now,
there is no, you know, technically, clear delineation, and these develop agreements
clearly delineate that any project on the Flagler project would need to comply with
the open space, with the parking -- with their own parking requirements on-site. So I
do think that there is an extra layer of accountability here with the City, which is the
whole reason, and maybe that answers your question, why we're going through this
process. And the City feels comf -- you know, we've worked really closely with
Planning over the last few months, and they feel very comfortable about this
agreement moving forward, which is why we have a recommendation for approval.
Chair Hardemon: But Planning -- the Planning -- Planning and the Administration -
- Planning and what their task is, is very different from the Administration, when it
comes to choosing how to regulate the SAP and the agreements that have come from
it.
Ms. Amuial: This won't change anything, any of the underlying rights --
Chair Hardemon: It changes something.
Ms. Amuial: -- or obligations.
Chair Hardemon: It changes something.
Ms. Amuial: It really doesn't. It really doesn't.
Chair Hardemon: Vice Chairman.
Ms. Amuial: We worked very, very hard to make sure that the underlying rights --
nothing in the regulating plan, the concept book, or the SAP, there's no additional
rights requested here. There's no release of any obligation. There's no change in
boundaries. It's purely an administrative request to help streamline approvals. It
really is a matter of efficiency in moving forward with administrating the SAP.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you very much. Mr. Director, I didn't get a clarification
of why this didn't go to PZAB (Planning, Zoning & Appeals Board). Can you help
me?
Barnaby Min (Deputy City Attorney): I can clam it, Commissioner. These are
development agreements.
Vice Chair Russell: Yes.
Mr. Min: And pursuant to Chapter 163, development agreements do not need to be
approved by PZ --
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Vice Chair Russell: Got it. So not a typo, but from your department, you
recommended approval. Is there not a fear that this creates a mini SAP latched onto
a bigger SAP? It doesn't sound like simplicity to me. It sounds a little more
complicated.
Francisco Garcia (Director, Planning): Right. And I've shared with the applicants
that that is a concern that I have had. The concern being that -- and I'll describe it
this way: There will now be, inevitably, as part of the Design District's Special Area
Plan a regulating set of procedures, more moving parts; just one more, but my
greatest concern is that it could turn into an additional set of moving parts, and the
more moving parts there are, the greater propensity towards misalignment. So that
is certainly a concern of ours. In this particular case, I'm fairly well -assured that
this is a "one of" application, and this has been, you know, subject to or pursuant to
more conversations with the applicant in that, as mentioned before, all of the
properties that are involved in the Design District Special Area Plan are owned by,
essentially, Dacra as the master company. This happens to be the only exception.
That being the case, I can see how it would hamper their efforts to develop in the
future to be tied to Dacra and have to obtain their permission every step of the way.
I understand that to be the case.
Chair Hardemon: But they knew this. They knew this moving into this -- I don't --
you know --
Mr. Garcia: Correct. And what that tells us, Mr. Chair, is that in the future, when it
comes to Special Area Plans -- although, right now there seems to be an incentive to
have different parties aggregate land to get to that nine -acre magic number, in the
future, we may very well have to amend the regulations of the Special Area Plan to
disincentive that, because it does create this particular problem. So on the one hand,
I understand that it creates challenges for them; on the other hand, to do this creates
challenges for us, administratively, to follow up on each individual development
agreement that will come about as a result of this.
Chair Hardemon: So what's the total square footage that's removing themselves
from --?
Mr. Garcia: This applies to only one property, which is the one mentioned in title of
4218 Northeast 2nd Avenue.
Ms. Amuial: It's about half an acre. And they're not removing themselves just from
the SAP boundaries, just to be clear.
Vice Chair Russell: So it'll still be within the SAP on-line. When you click on the
SAP, you'll still see it as part of it. They're simply being taken out of the agreement?
Chair Hardemon: The development --
Mr. Garcia: Not taken out of the development agreement. There will simply now be
two development agreements that are identical to one another; one applies to all of
the Design District; the other one applies to half an acre within the Design District.
Chair Hardemon: To me, that tells me --
Commissioner Reyes: I move it.
Chair Hardemon: -- that someone's going to violate the development agreement,
and they don't want to hold the other one responsible for that violation. That's what
it tells me. That's what it tells me. You know, it's like --
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Commissioner Reyes: I -- from what I get from the lady, nothing's going to be
changing, you know. Nothing's going to be changing. So I move it for approval. I
mean, I think that we are late. According to Russell, we're late.
Vice Chair Russell: Thank you. I mean, I don't -- I'm not against this. I just don't
fully understand what it solves or why we're doing it, if we're not creating more
complication. I -- you know, I could easily support it, but we're under a lot of
pressure of SAPs gone wild, you know, and we want to make sure that we give SAPs
a good name, and that when they are approved and developed that we follow
through what they were supposed to do. They're for flexibility, not necessarily just
more intensity. I don't know if we're -- if the nine acres was more achievable than
you expected, so we're seeing a lot more of these SAPs than we had expected, but in
this sense, it almost seems like we're undoing one a little bit, and it was a very good
SAP. I'm just not fully understanding why. I'm not against it; just want to
understand more. That's all.
Commissioner Reyes: Okay.
Ms. Amuial: Two readings.
Vice Chair Russell: Okay.
Ms. Amuial: So if that's --
Vice Chair Russell: Second.
Ms. Amuial: --you know, there is a process here --
Commissioner Reyes: Thankyou.
Ms. Amuial: -- and we would have to come back again.
Commissioner Reyes: Approved.
Chair Hardemon: I just want you to understand. I asked you a very simple question,
which is the "why, " and you struggled with responding to me with that "why. " Now I
understand part of what you said, but that sounds like an issue between business
partners, and I try to stay out of fights between business partners when they own
millions of dollars. And so, you know, I'm trying to just do the job that I'm elected to
do without having, as the Vice Chairman put it, an SAP gone wild. And so, you have
to understand that this is something most -- I'll give you an example. If you -- those
of us who are married, you file your IRS (Internal Revenue Service) -- you file your
taxes with the IRS. If you choose to file separately from your wife or your husband,
you get what? You get penalized. It's like a little -- you know, it's not as good.
There's a reason why someone wants to file separately. I don't know why,
personally, just yet. Maybe I'll find out sometime in the future. Hopefully, I won't.
But ultimately, ultimately, there's something that is unnatural about this to me, and it
just -- it makes the hairs on the back of my neck stand up. And so, that's my issue
with this. Commissioner Gort.
Commissioner Gort: Let me see if I can maybe simplify a little bit. My
understanding is, this is an SAP that was approved with certain criteria, certain
responsibilities, certain things that needed to be done. There was one owner that
owns 90 percent of it, then there was another owner that owns 10 percent.
Chair Hardemon: But are there not other people in the SAP that have ownership
besides those two?
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Ms. Amuial: Actually, Helm also was added to the SAP, and they have their own
development agreement, so there is precedent for this within our SAP. And we
actually structured this development agreement exactly the way Helm is structured.
So you have the master development agreement, which is Dacra-owned,• you have
the Helm development agreement, and this would be the Flagler.
Chair Hardemon: So it's not the same? It's made like Helm; not made like Dacra.
Ms. Amuial: Well, it essentially breaks up the obligations and rights in the same
way.
Commissioner Gort: Next.
Ms. Amuial: Yes.
Commissioner Gort: That's the difference. The little ones don't want to comply with
the originals or the large agreement that they had. So the smaller people moving
out, they don't want to comply with some of the agreement in the SAP. That's my
understanding.
Chair Hardemon: I want a better understanding of this.
Ms. Amuial: Can I --
Chair Hardemon: I'm not advocating for my Commissioners to vote against this.
I'm merely stating what my objections are, and I want that to be clear to you. But I
don't mind advocating against it if I see something wrong. So I just want some
further clarification. Okay?
Ms. Amuial: -- invite Alex Shapiro to say a word?
Chair Hardemon: No.
Ms. Amuial: Okay.
Chair Hardemon: No.
Ms. Amuial: He's --
Chair Hardemon: All right
Ms. Amuial: Just for the record, he's here.
Commissioner Gort: You were right. Something's --
Chair Hardemon: Yes. All in favor of the motion, say "aye. "
Vice Chair Russell: Aye.
Mr. Min: Ordinance.
Mr. Hannon: Who was the seconder?
Vice Chair Russell: I moved and I believe Reyes seconded.
Mr. Hannon: Understood.
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Vice Chair Russell: He's learning about parklets.
Chair Hardemon: Read it into the record, please.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: All in favor of the motion, say "aye."
Commissioner Reyes: Aye.
Commissioner Reyes: Aye.
Commissioner Gort: Aye.
Chair Hardemon: All against? Motion passes. Enter me as a "no "
PZ.9
ORDINANCE First Reading
4665
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN
Planning
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER
AYES:
163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP,
NAYS:
INC., A FLORIDA PROFIT CORPORATION, AND THE CITY OF MIAMI
ABSENT:
("CITY"), RELATED TO THE PROPERTY LOCATED AT
APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED, ASSOCIATED WITH THE PREVIOUSLY
APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL
AREA" ("MDDRS SAP") FOR THE PURPOSE OF REDEVELOPMENT
OF SUCH LAND FOR MIXED USES; AUTHORIZING THE
FOLLOWING USES INCLUDING, BUT NOT LIMITED TO,
RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL
AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES
AUTHORIZED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN - FUTURE LAND USE MAP DESIGNATION AND THE CITY'S
ZONING DESIGNATION; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE; 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:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Reyes
NAYS:
Hardemon
ABSENT:
Carollo
Chair Hardemon: PZ.9.
Commissioner Gort: Francisco?
Francisco Garcia (Director, Planning): Yes, sir.
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Chair Hardemon: Read into the record PZ. 9.
Commissioner Gort: I'd like to ask a question.
Chair Hardemon: Okay.
Commissioner Gort: When this conies back, I want to know what the -- by
separating themselves, what is the obligation and what happened to the main SAP
(Special Area Plan).
Mr. Garcia: Certainly. Thank you, sir.
Barnaby Min (Deputy City Attorney): PZ.9 is the companion.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Vice Chair Russell: I'll move the item.
Chair Hardemon: It's been properly moved --
Commissioner Reyes: Second.
Chair Hardemon: -- and seconded. All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Commissioner Reyes: Aye.
Vice Chair Russell: Aye.
Commissioner Gort: Aye.
Chair Hardemon: All against? One against. Motion carries.
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PZ.10
ORDINANCE First Reading
4541
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
AYES:
COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL
ABSENT:
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT
APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET
AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.10 was deferred to the December 13, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.10, please see "PZ Order of the Day. "
PZ.11
ORDINANCE First Reading
4545
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
AYES:
CLASSIFICATION FROM 75-R," URBAN CENTER -RESTRICTED, TO
ABSENT:
76-8-0," URBAN CORE -OPEN, FOR APPROXIMATELY 1.389
ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428,
430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457
NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT,
ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.11 was deferred to the December 13, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.11, please see "PZ Order of the Day. "
City of Miami Page 155 Printed on 121512018
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PZ.12
ORDINANCE First Reading
4667
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS
Planning
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO AN
EXPEDITED STATE REVIEW PROCESS PURSUANT TO SECTION
163.3184, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTIES LOCATED AT 240, 270, 352, 372, 382, 301, 320, 250,
262, 365, 298, 300, 310, 340, 371, 353, AND 288 NORTHEAST 61
STREET; 401, 300, AND 415 NORTHEAST 62 STREET; 334, 350, AND
370 NORTHEAST 60 STREET; AND 6300, 6380, 6301, 6350, 5972,
5974, AND 5952 NORTHEAST 4 AVENUE, MIAMI, FLORIDA, AND BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN FOR A
PORTION OF THE REAL PROPERTY AT 6001 NORTHEAST 2
AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Vice Chair
AYES: Hardemon, Gort, Reyes, Carollo
ABSENT: Russell
Notes for the Record. Item PZ.12 was deferred to the November 15, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.12, please see "Order of the Day" and
"PZ Order of the Day. "
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PZ.13
ORDINANCE First Reading
4668
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF
Planning
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING
CERTAIN PARCELS FOR THE DEVELOPMENT OF
APPROXIMATELY 17.75 ACRES (773,190 SQUARE FEET) FOR THE
"MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF
PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041
NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND
6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4
COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228,
240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365,
371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401,
AND 415 NORTHEAST 62 STREET MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; THE SAP CONSISTS OF A PHASED PROJECT
WHICH INCLUDES A MAXIMUM OF APPROXIMATELY 2,662
RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEET OF
TOTAL DEVELOPMENT FLOOR LOT RATIO ("FLR") OF WHICH
370,000 SQUARE FEET OF FLR MAY ONLY BE USED FOR
PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528
SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MODIFY
THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO
THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT
SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND
RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Vice Chair
AYES: Hardemon, Gort, Reyes, Carollo
ABSENT: Russell
Notes for the Record. Item PZ.13 was deferred to the November 15, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.13, please see "Order of the Day" and
"PZ Order of the Day. "
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PZ.14 ORDINANCE First Reading
4716 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT,
Planning IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT
TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MCD MIAMI,
LLC, MAGIC CITY PROPERTIES I, LLC, MAGIC CITY
PROPERTIES II, LLC, MAGIC CITY PROPERTIES III, LLC, MAGIC
CITY PROPERTIES IV, LLC, MAGIC CITY PROPERTIES V, LLC,
MAGIC CITY PROPERTIES VI, LLC, MAGIC CITY PROPERTIES
VII, LLC, MAGIC CITY PROPERTIES VIII,LLC, MAGIC CITY
PROPERTIES IX, LLC, MAGIC CITY PROPERTIES X, LLC, MAGIC
CITY PROPERTIES XI, LLC, MAGIC CITY PROPERTIES XIV, LLC,
MAGIC CITY PROPERTIES XV, LLC, MAGIC CITY PROPERTIES
XVI, LLC, MAGIC CITY PROPERTIES XVII, LLC, MAGIC CITY
PROPERTIES XVIII, LLC, MAGIC CITY PROPERTIES XIX, LLC,
MAGIC CITY PROPERTIES XX, LLC, MAGIC CITY PROPERTIES
XXI, LLC, MAGIC CITY PROPERTIES XXII, LLC, MAGIC CITY
PROPERTIES XXIII, LLC, MAGIC CITY PROPERTIES XXIV, LLC,
MAGIC CITY PROPERTIES XXV, LLC, DRAGON GLOBAL MIAMI
REAL ESTATE INVESTMENTS, LLC, LEMON CITY GROUP, LLC
AND IMPERIAL CAPITAL GROUP, LLC AND THE CITY OF MIAMI,
FLORIDA, RELATING TO THE REZONING OF CERTAIN
PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75
±ACRES FOR THE MAGIC CITY INNOVATION DISTRICT
SPECIAL AREA PLAN ("MAGIC CITY SAP"), COMPRISED OF AN
ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY
6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300,
6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210
NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370
NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300,
301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382
NORTHEAST 61 STREET, 200, 300, 401, AND 415 NORTHEAST
62 STREET MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR THE PURPOSE OF
REDEVELOPMENT OF SUCH LAND FOR MIXED USES;
AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT
LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC,
EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE AND
ANY OTHER USES AUTHORIZED BY THE MAGIC CITY SAP,
AND PERMITTED BY THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN - FUTURE LAND USE MAP
DESIGNATION AND ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
("MIAMI 21 CODE") DESIGNATION; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Mianii Page 158 Printed on 12/5/2018
City Commission Meeting Minutes September 27, 2018
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Vice Chair
AYES: Hardemon, Gort, Reyes, Carollo
ABSENT: Russell
Notes for the Record. Item PZ.14 was deferred to the November 15, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item PZ.14, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.15
RESOLUTION
4659
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
ANDREW RASKEN ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3295/3297 CHARLES AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210075130.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.15 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.15, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 159 Printed on 121512018
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PZ.16
RESOLUTION
4657
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
MARIA CRISTINA LONGO ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3616 THOMAS AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210075650.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.16 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.16, please see Order of the Day" and
"PZ Order of the Day. "
PZ.17
RESOLUTION
4658
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
ALICIA KOSSICK ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3536 WILLIAM AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210076140.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.17 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.17, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 160 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.18
RESOLUTION
4643
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
ALEXANDRE JEAN -BERNARD DIEDERICH AND FRANCESCA MAE
AYES:
MIRES DIEDERICH ("APPELLANTS") AND
ABSENT:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3475/3477 HIBISCUS STREET, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210074740.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.18 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.18, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 161 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.19
RESOLUTION
4644
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
ALEXANDRE JEAN -BERNARD DIEDERICH, FRANCESCA MAE
AYES:
MIRES DIEDERICH, GINETTE DREYFUSS AND BERNARD
ABSENT:
DIEDERICH ("APPELLANTS") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3758/3760 FROW AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141200060490.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.19 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.19, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.20
RESOLUTION
4645
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
CASPIAN DEVELOPMENT, LCC ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3418 CHARLES AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210075260.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.20 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.20, please see "Order of the Day" and "PZ Order
of the Day. "
City of Miami Page 162 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.21
RESOLUTION
4660
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
3508 HIBISCUS, LLC ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3508 HIBISCUS STREET, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210076120.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.21 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.21, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.22
RESOLUTION
4661
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
MICHAEL MARCH ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3541/3543 PLAZA STREET AND 3586/3588 CHARLES AVENUE,
MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210076360.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.22 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.22, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 163 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.23
RESOLUTION
4640
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
ANTOINETTE SIMMONS ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3587 HIBISCUS STREET, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210077050.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.23 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.23, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.24
RESOLUTION
4662
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
TELICA HENRY-MCQUEEN AND ELESTER ANDERSON AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3671 WILLIAM AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210075760.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.24 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.24, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 164 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.25
RESOLUTION
4641
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
STIRRUP PROPERTIES, INC. ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE FOR THE PROPERTY LOCATED AT APPROXIMATELY
3673 WILLIAM AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141210075750.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.25 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.25, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.26
RESOLUTION
4642
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
STIRRUP PROPERTIES, INC. ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3644 FROW AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER
0141210072410.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.26 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.26, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 165 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.27
RESOLUTION
4639
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
3837 THOMAS LLC ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE FOR THE PROPERTY LOCATED AT APPROXIMATELY
3837 THOMAS AVENUE AND 3841 THOMAS AVENUE, MIAMI,
FLORIDA, WITH THE FOLIO NUMBER 0141200070680.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.27 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.27, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.28
RESOLUTION
4638
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY
Planning
HERNAN GUERRERO APPLEWHITE ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/ OR MODIFYING THE DECISION OF THE
ABSENT:
MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3637 OAK AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER
0141210070950.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.28 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.28, please see "Order of the Day" and
"PZ Order of the Day. "
City of Miami Page 166 Printed on 121512018
City Commission Meeting Minutes September 27, 2018
PZ.29
RESOLUTION
4637
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY NE
Planning
APARTMENTS ASSOCIATES, INC. ("APPELLANT") AND
AYES:
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
ABSENT:
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC
RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3859 WASHINGTON AVENUE, MIAMI, FLORIDA, WITH THE FOLIO
NUMBER 0141200070210.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ.29 was deferred to the October 11, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.29, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.30
ORDINANCE First Reading
2773
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning
OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1,
"DEFINITIONS
AYES:
SECTION 1.2, TITLED OF TERMS", AMENDING
ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT SETBACKS",
AND ADDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED
"WATERWAYS & WATERBODIES WITH WATERFRONT
PROPERTIES"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Vice Chair Russell: Mr. Clerk, where are we?
Todd B. Hannon (City Clerk): PZ.8 and 9.
Vice Chair Russell: Thank you.
Mr. Hannon: Companion item.
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Francisco Garcia (Director, Planning): (UNINTELLIGIBLE) for your
consideration as well, I believe Item PZ.1 is still pending, just to make everyone
aware.
Vice Chair Russell: Thank you. We'll go with 8 and 9 for now.
Mr. Hannon: Looks like PZ.8 and 9 are Commissioner Hardemon's district.
Vice Chair Russell: All right. We'll hold on those items. PZs.10 and 11.
Mr. Hannon: Those were continued. We can move on to PZ30.
Vice Chair Russell: PZ. 30, waterfront setback standards. Who's presenting?
Mr. Garcia: I'm glad to, sir. I'll briefly describe it as an amendment to Zoning
Ordinance Miami 21.
Vice Chair Russell: Just a moment. I don't believe we have quorum at the second.
Mr. Hannon: Commissioner Reyes is right here.
Vice Chair Russell: Does that count? Can you hear us, Commissioner? Can you
put one foot on the dais? We need a quorum toe. No, you don't have to come; you
can stay and talk. We just need you for quorum. Please, Director Garcia.
Mr. Garcia: Thank you, sir.
Commissioner Reyes: Which one are we dealing with, sir?
Vice Chair Russell: Sorry. We needed three.
Commissioner Reyes: Huh?
Vice Chair Russell: We're on PZ.30.
Commissioner Reyes: PZ.30.
Mr. Garcia: Thank you, sir. And I'll briefly describe it as an amendment to Miami
21. To clam some concepts that already exist, and also provide some additional
ones, to make it clear that properties (routing water bodies in the City of Miami -- be
it the bay, be it the rivers, or tributaries to the rivers -- are expected to provide a
setback, which setback shall be set aside for public access and also be required to be
fortified for resilience purposes. Previously, there was some confusion as to how
this would apply; this makes it clear. We've been working with the Miami River
Commission and other interested parties, and I think we've finally resolved how to
go about legislating this. I'll say for clarity sake that we had certainly committed
that although the setback for right now will be in place, prior to imposing any
specific requirements for improvement, there shall be public hearings to determine
what those standards and guidelines shall be. I'll answer any questions you may
have. Thank you.
Vice Chair Russell: Thank you. Is there a motion or a question for the Director?
Commissioner Reyes: Just a question to clarify. What you're doing is you are
increasing the setback from waterfront properties? You are taking into
consideration sea level rising?
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Mr. Garcia: Absolutely, sir. We are also making them adjustable so that if certain
sites are too narrow or too shallow, then there will be --
Commissioner Reyes: Then you can move it?
Mr. Garcia: -- exactly -- a shortening of it.
Commissioner Reyes: Okay.
Vice Chair Russell: Yes.
Commissioner Reyes: I move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded to accept PZ.30. Any
further comment, PZ.30?
Barnaby Min (Deputy City Attorney): May I read it into the record, Mr. Chairman?
Chair Hardemon: Please.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: All in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
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PZ.31
ORDINANCE First Reading
3109
TO BE WITHDRAWN
Department of
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Planning
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
AYES:
OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY
ABSENT:
AMENDING ARTICLE 1, SECTION 1.2 ENTITLED "DEFINITIONS OF
TERMS," ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET
PARKING AND LOADING STANDARDS," ARTICLE 3, SECTION 3.14,
ENTITLED 'PUBLIC BENEFITS PROGRAM," ARTICLE 4, TABLE 4,
ENTITLED "DENSITY, INTENSITY, AND PARKING," AND ARTICLE 4,
TABLE 7, ENTITLED "CIVIC SPACE TYPES," TO PROVIDE FOR
FUTURE OPPORTUNITIES FOR ENHANCEMENTS TO THE
UNDERLINE CORRIDOR; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Withdraw
RESULT:
WITHDRAWN
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
For minutes referencing Item PZ.31, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.32 ORDINANCE
3001 TO BE DEFERRED
Department of
First Reading
Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS",
BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND
CHARLES AVENUE (NCD -2)" AND SECTION A-3: "COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT (NCD -3)" WITH NEW
REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE
DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Gort, Carollo, Reyes
ABSENT:
Russell
Notes for the Record. Item PZ. 32 was continued to the October 25, 2018, Planning
and Zoning Commission Meeting.
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For minutes referencing Item PZ.32, please see "Order of the Day" and
"PZ Order of the Day. "
PZ.33
ORDINANCE First Reading
4204
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning
OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY
AYES:
AMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION
NAYS:
DISTRICTS ("NRD"), SECTION 3.1 ENTITLED "OFF-STREET
PARKING AND LOADING STANDARDS" AND SECTION 5.1
ENTITLED "URBAN CENTER TRANSECT ZONE," MODIFYING
STANDARDS FOR SMALL-SCALE COMMERCIAL BUILDINGS AND
APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1
BOUNDARIES; MAKING FINDINGS; 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
NAYS:
Carollo, Reyes
Note for the Record. For additional minutes referencing Item PZ.33, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardemon: PZ.33.
Francisco Garcia (Director, Planning): Thank you, sir. Briefly, describe that PZ.33
is an amendment to Zoning Ordinance Miami 21; in particular, to the NRD-1,
Neighborhood Revitalization District 1, which is the Wynwood Zone, also known as.
And this is basically to provide some relief for smaller -scaled sites in the district and
to allow them to be redeveloped, subject to certain limitations, and not allow more
than 20, 000 square feet in terms of new added square footage, and allow them to
provide parking either off-site or pay in lieu of providing parking into the Trust, and
that already exists. This is very well accepted by the community, and I'll be happy to
answer any questions.
Commissioner Reyes: Could you please -- in laymen's term, could you please
explain what this is going -- how this is going to affect the neighborhood?
Mr. Garcia: Thank you, sir. I'm glad to do so. There are certain sites -- certain
parcels within Wynwood that are of smaller scale, so not the large assemblies of
land but the smaller ones. And if there is a requirement to provide parking on-site,
that, plus the other limitations and restrictions that exists, become too difficult, too
onerous for the property owners to be able to redevelop or refurbish those sites. In
those cases, and only in those cases, what we are allowing them to do is instead of
providing parking on-site, to provide parking off-site in the nearer vicinity; or pay,
instead of providing parking on-site into a trust fund. That trust fund is then going to
subsidize the construction ofparking garages within the district.
Commissioner Reyes: What it means is that you will be able to build without any
parking requirements, as long as you rent parking spaces for your tenant someplace
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else, or you pay some sort of a -- I would say, fine or -- and that money's going to be
used for what?
Mr. Garcia: To build new parking spaces and parking garages.
Commissioner Reyes: Build new parking spaces and parking garages.
Mr. Garcia: Yes, sir.
Commissioner Reyes: When that money is used by the -- whoever builds the parking
space -- parking garages, are those people that -- those businesses, or whoever, that
build those -- the building, are they going to have parking assigned to them?
Mr. Garcia: And thank you for the question.
Commissioner Reyes: I mean, it's something that understand.
Mr. Garcia: No. It's a very valid question. The -- what is being done -- and there is
precedent for this, also. in Coconut Grove; for instance, in the Design District. The
concept is that parking is a shared characteristic of use throughout the area, which
means that we would incentivize that for any car trip, any vehicular trip into the
area, the customer parks once and goes to a number of the establishments, and then
leaves again, so everyone benefits from the construction of new parking spaces in the
area. So you're right to point out that it is not the case that each parking space is
going to be reserved for each establishment; instead, those parking spaces will be
shared by everyone in the area.
Commissioner Carollo: The only problem that I have with this, really, is more
philosophical. It should be -- whatever we do for parking should be uniform. And
the parking -- Miami Parking Authority should be the one getting that money and
building that parking. Here, it's going directly to the BID (Business Improvement
District), and they're not really qualified; they don't have the expertise, the personnel
to build new parking, and that's my only concern.
Commissioner Reyes: Yeah, but that's one thing that I want to define. That's why I
asked, you see, that fine -- or that money that they are paying in lieu of building the
parking, that is going to go to the Miami Parking Authority to build parking?
Mr. Garcia: Sir, that --
Commissioner Reyes: Or it's going to go to a fund that when they have enough
money to leverage, they're going to start building parking? Because I want to know
when the parking garages are going to be built and by whom.
Mr. Garcia: Right. Park garages are already being built. It is the case that the
Parking Authority has no land within the Wynwood area. It is clear that the money
is limited to the Wynwood area alone, because that's where the parking is needed for
this particular purpose. Right? So what the Trust fund allows to happen is that
property owners who own property within Wynwood are able to tap into those funds
for purposes exclusively of subsidizing parking construction -- right? -- so there has
to be a demonstrable building of parking to be able to tap into those funds. Now, if
the Parking Authority were to be able to establish a partnership with any of the
property owners there to build parking facilities, the Parking Authority also would
be able to access those funds. The sole purpose of the funds, to the extent they are
garnered, is to subsidize the construction of parking within Wynwood.
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Commissioner Reyes: Another question. How do we assure ourselves that parking
is going to be built? You see, I mean, and that's a question. Because you can have a
trust fund and you can pay so much and so much, but then, remember, land, it is
extremely expensive in that area. How can we be assured that there's going to be
parking built in the area?
Mr. Garcia: Fair question. And so, the overall answer is that to the extent that
parking is needed and there is a need for parking in the area --
Commissioner Reyes: Yes, it is.
Mr. Garcia: -- then there will be a market drive to build additional parking. So
what happens is one of two things: Either individual property owners will build
parking, accessive parking on-site, so they can then charge customers for their own
purposes, or they will tap into these funds. And to the extent that parking is built
with these funds, that parking has to be made available to the general public, which
is the advantage to the public at large, mostly to employees, as a matter of fact,
which presently, are really struggling to find parking in the area.
Commissioner Reyes: It wouldn't be easier to make them build some parking? I
mean, go high and build some parking spaces?
Mr. Garcia: The possibility is good.
Commissioner Reyes: I think it's -- than to go through all this process that we are
not assured the parking is going to be built.
Mr. Garcia: And so, that is what happens with the larger sites that have the size to
accept parking construction to the smaller sites, which is what this is for, find it
difficult or impossible sometimes to build parking on-site. The relief provided to
them is to pay in lieu of providing parking, and then those funds go to providing
parking in the larger sites.
Commissioner Reyes: I have to think this over, man. I don't know. I don't know,
because I don't have any assurance -- we don't have any assurance that parking is
going to be built. We are going to allow building without any parking spaces and
said, "Okay. You pay" -- `you contribute to this Parking Trust Fund. " Who's going
to administer that? How -- I mean, how it's going to be used, and are we assured
that parking is going to be built?
Mr. Min: Commissioner, if I can add. Pursuant -- the Parking Trust Fund is created
pursuant to Chapter 35 of the City Code. Pursuant to Section 35-230, it requires a
finance report to be submitted for the City Commission's approval, which -- by the
Wynwood Business Improvement District --
Commissioner Reyes: Yes.
Mr. Min: -- which explains the expenditures and --
Commissioner Reyes: Yes, yes. I mean, it will have all -- I mean, it's going to have
directors, sub- directors, and expenses, and all of that, and salaries, and all of that.
That is fine. And we will get a report, more to my favor, you see, because we are
spending some of this money in salaries and costs instead of --
Commissioner Carollo: And reports.
Commissioner Reyes: And reports. -- using it for parking.
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Mr. Min: The Parking Trust --
Commissioner Reyes: You see?
Mr. Min: -- Fund fees cannot be utilized for salary or costs.
Commissioner Reyes: Okay.
Mr. Min: It's very --
Commissioner Reyes: Okay. That is fine. Who is going to build the parking? I
mean, who is going to build it? The Trust -- I mean, the Parking Trust Funds, who is
administered by us?
Mr. Min: It's administered by the Wynwood Business Improvement District.
Commissioner Reyes: By the Wynwood Business (UNINTELLIGIBLE)?
Mr. Min: Yes, sir.
Commissioner Reyes: Okay. They are the ones that are going -- that responsible for
building --
Commissioner Carollo: I'm confused.
Commissioner Reyes: I'm really confused.
Commissioner Carollo: I thought you were the Chairman of that Wynwood --
Commissioner Reyes: No, no.
Commissioner Carollo: -- (UNINTELLIGIBLE).
Commissioner Reyes: It is the CRA (Community Redevelopment Agency) --
Chair Hardemon: He's the Chair ofMidtown.
Commissioner Reyes: -- and I'm not -- I have -- don't have nothing to do with the
Wynwood Business.
Commissioner Carollo: Russell runs the BID here as he pleases; why can't you do
that over there, ifyou're the Chairman?
Commissioner Reyes: Well, he has a lot of money. I mean, they gave me a CRA that
is broke. I mean, the only thing that it has is debts, you see. I'll trade with Russell
any time, you see.
Commissioner Carollo: Well, we might in December.
Commissioner Reyes: I mean, I --
Commissioner Carollo: We will do it in December.
Commissioner Reyes: Okay. You know. But listen, I'm kind of confused on this, and
I think that it has to be clarified, because I have seen many instances that a trust
fund, it is avail -- and finally, the objective that was going -- by -- I mean, the -- the
reason for that trust fund to be developed is never accomplished, and what I want to
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do is make sure that we're going to accomplish parking in the area, you see. That --
I don't know what conditions can you place. I don't know, but we got to be -- make
sure of that, you see, or we make them build parking.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I think the questions is very simple. Does the trust fund to the
Wynwood BID; have land already available for parking?
Chair Hardemon: But that trust fund, if I remember correctly --
Commissioner Reyes: I mean, are you part of the Trust fund?
Manny Gonzalez: Sir, ifI could speak. I'm the Executive Director --
Commissioner Reyes: You are the --
Mr. Gonzalez: --of the Wynwood BID.
Commissioner Reyes: Of what?
Mr. Gonzalez: Of the Wynwood Business Improvement District.
Commissioner Reyes: Okay. Do you have land, or have you seen land where you
can build some parking?
Mr. Gonzalez: So just a little --just to back it up a little bit. I was also the Executive
Director of the Coconut Grove Business Improvement District with all -- which also
has a similar trust fund. Now, in Coconut Grove we have over $6 million; in
Wynwood right now, we have 680, 000. We don't foresee this ever getting to the
Coconut Grove number, or at least to that number in the foreseeable future, just
because Coconut Grove was in the Parking Trust Fund since the '90s. So at some
point, we're going to have to partner with somebody; maybe similar to what we did
with Miami Parking Authority with Oak Ave. Garage, which was ceded from the
Parking Trust Fund of Coconut Grove. So when that point comes --
Commissioner Reyes: What --
Mr. Gonzalez: -- maybe that's an option.
Commissioner Reyes: --why don't you start that partnership from the get -go?
Mr. Gonzalez: Yes, sir. I'm --
Commissioner Reyes: I mean, and that is --
Mr. Gonzalez: -- more than ready.
Commissioner Reyes: -- that will be more logical than if you're going to wait from --
started in the '90s, now almost 20 years -- almost 30 years -- I mean, there's going to
be no parking in Wynwood for 30 years. You're going to wait until you --? I mean,
you got to start from the get -go, and you have to make sure that if you're allowing
people to build without providing parking, you have to already have your sites. And
how are we going to create some parking spaces for people that come here, old
people that come to work here?
Mr. Gonzalez: Now, what --
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Commissioner Carollo: Well --
Mr. Gonzalez: --just so you know, one of the initiatives that we just completed was
we worked with the biggest parking operators in Wynwood, and what we noticed is
that during the daytimes, these parking lots were being -- are empty, and they were
just being used during nighttime. So we entered into a partnership and created an
employee parking program, which is about $70 a month just for Wynwood
employees, and it gave about 1,100 spaces, just for the relief.
Commissioner Reyes: You mean to go to work, Wynwood cost $70 a month --
Mr. Gonzalez: Well, when we --
Commissioner Reyes: -- to an employee? How much (UNINTELLIGIBLE)?
Mr. Gonzalez: Well, so when you think of --
Commissioner Reyes: How 'bout a dishwasher?
Mr. Gonzalez: No, no. So what happens is Wynwood employees right now, they
park on the street. So $1.75 times 40 hours, that's 70. So what they're getting is
three weeks for free and just paying what they regularly did on the street. And they
were getting tickets, as well.
Commissioner Reyes: Okay.
Vice Chair Russell: I'd like to make the motion. Gentlemen, we are two hours late
for the public with our budget. We're very delinquent, and we need to move this
meeting forward, but this is a good concept that does work. It's proven other --
where in the City, and I'd like to make a motion.
Mr. Garcia: And may I say, Commissioners --
Commissioner Carollo: Commissioner --
Mr. Garcia: -- may I say very briefly, this is before you on first reading, and I'm
comfortable that between first and second, we can address many, if not all, of the
questions.
Commissioner Reyes: I cannot, because it had work someplace else. I can't just
take it just at face value something that hasn't been proven here, you see. I cannot
take it at face value; that every single area, every single city, they have their own
characteristics, and they have their own needs, and they have their own -- for
example, land is very expensive in Wynwood, you see. Land is very expensive. What
we're doing is we're telling, don't make -- I mean, don't build -- build, but no parking
spaces and -- because we are going to provide it -- provide the parking space, or you
can rent some place that you can send the people to park there; or you just
contribute to this trust fund that, eventually, eventually is going to be park -- build
parking.
Commissioner Carollo: Commissioner, I --
Commissioner Reyes: I mean, I'm sorry, because it works someplace else -- what
work in your house doesn't work in mine, man.
Commissioner Carollo: --think you've made your point that --
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Commissioner Gort: Second the motion.
Commissioner Carollo: --with that kind of money -- and I think --
Chair Hardemon: Properly moved and seconded.
Commissioner Carollo: -- he acknowledged it -- they're not going to be building any
parking spaces.
Commissioner Reyes: No.
Commissioner Carollo: But you know what? They are going to have the best bike
racks.
Commissioner Reyes: The what?
Commissioner Carollo: They're going to have the best bike racks --
Commissioner Reyes: Oh, yeah, because everybody (UNINTELLIGIBLE).
Commissioner Carollo: --for $680, 000.
Chair Hardemon: Well, the thing about the --
Commissioner Carollo: Everybody (UNINTELLIGIBLE) to pay.
Chair Hardemon: -- Parking Trust Fund is that it doesn't just build parking spaces.
Mr. Gonzalez: Correct.
Chair Hardemon: It's allowed -- it has the flexibility to actually get people to and
from the area, so they can use the funds to create trolley routes --
Mr. Gonzalez: Transportation.
Chair Hardemon: -- or transportation assets --
Mr. Gonzalez: Sidewalk improvements.
Chair Hardemon: -- sidewalk -- so it's a number of different things that it's being
used, you know, to do.
Commissioner Reyes: I don't know. I don't know. I have to analyze this a little bit
more, and unless that I am convinced that's the way (UNINTELLIGIBLE). I vote for
what I think is right, what I think is doable, and very pragmatic. It is -- probably, it
is the way that my discipline, my discipline and -- I went to school, and my discipline
taught me to be pragmatic.
Chair Hardemon: So it's been properly moved and seconded. All in favor of the
motion, say "aye. "
Mr. Min: It's an ordinance.
Unidentified Speaker: Item --
Chair Hardemon: You haven't read it into the record yet?
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Mr. Min: No.
Chair Hardenzon: Read it into the record.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardenzon: All right. All in favor; say "aye."
Vice Chair Russell: Aye.
Chair Hardenzon: All against?
Commissioner Reyes: No.
Commissioner Carollo: Nay.
Chair Hardenzon: Motion carries.
PZ.34
ORDINANCE Second Reading
4722
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") BY
"DEFINITIONS
AYES:
AMENDING ARTICLE 1, SECTION 1.1., TITLED OF
NAYS:
BUILDING FUNCTION: USES" AND BY AMENDING ARTICLE 6,
SECTION 6.1, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS",
TO PROVIDE FOR A DEFINITION OF GAMBLING FACILITIES AND
TO REQUIRE THAT GAMBLING USES, INCLUDING BUT NOT
LIMITED TO PARI-MUTUEL GAMBLING, CARD ROOMS, AND SLOT
MACHINE USES, BE APPROVED PURSUANT TO AN EXCEPTION
WITH CITY COMMISSION APPROVAL BY A FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE; PROVIDING FOR ZONING IN PROGRESS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13791
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Ken Russell, Vice Chair
SECONDER:
Joe Carollo, Commissioner
AYES:
Russell, Gort, Reyes, Carollo
NAYS:
Hardemon
Note for the Record. For additional minutes referencing Item PZ.34, please see
"Public Comment Period for Planning and Zoning Item(s). "
Chair Hardenzon: PZ.34.
Francisco Garcia (Director, Planning): Thankyou.
Commissioner Carollo: How much money did you offer, Ben?
Chair Hardenzon: Man, leave hint alone.
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Commissioner Carollo: I want to (UNINTELLIGIBLE).
Chair Hardemon: Leave him alone.
Commissioner Reyes: Leave him alone, man.
Chair Hardemon: PZ. 34.
Commissioner Carollo: I want to make sure it's the same amount.
Chair Hardemon: Getout. Run, run, run.
Mr. Fernandez: I'm out of here.
Commissioner Reyes: Get out of here, Ben.
Chair Hardemon: PZ. 34 (UNINTELLIGIBLE) --
Commissioner Reyes: Joe is after you.
Chair Hardemon: -- read into the record.
Commissioner Carollo: Put me in favor of it, this last item.
Chair Hardemon: PZ. 34.
Mr. Garcia: Mr. Chair, as it's being read into the record, the ordinance is, what I'd
like to do is distribute copies of a memorandum that I had left in your respective
offices, butt wanted to, once again, put it in the record.
The Ordinance was read by title into the public record by Assistant City Attorney
Amber Ketter.
Vice Chair Russell: I'll move the item. I'm sorry. Am I the Chair at the moment?
I'll pass the gavel and move the item. Is there a second?
Commissioner Carollo: Second. Discussion.
Vice Chair Russell: You're the Chair. Commissioner Gort, you're the Chair.
Commissioner Carollo: Who from the City Attorney's Office is going to ask the --
answer our questions?
Ms. Ketter: I'm sorry?
Commissioner Carollo: Who from the City Attorney's Office is going to answer our
questions?
Ms. Ketter: Amber Ketter; from the City Attorney's Office --
Commissioner Carollo: Okay.
Ms. Ketter: -- Assistant City Attorney.
Commissioner Carollo: Okay. Boy, they threw you in the frying pan right away,
huh?
Ms. Ketter: What's that, sir?
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Commissioner Carollo: They threw you in the frying pan right away.
Ms. Ketter: Yes.
Commissioner Gort: Is there any further discussion?
Commissioner Carollo: Well --
Commissioner Gort: Are you going to open the public hearing?
Steve Geller: Mr. Chair?
Commissioner Gort: Yes, sir. Go ahead, you're recognized, sir.
County Commissioner Geller: Chair, approx -- a little over five hours ago, I asked
to speak, and I was --
Vice Chair Russell: Yes, he did.
County Commissioner Geller: -- told that the correct time for me to -- I asked for
four minutes.
Commissioner Gort: Yes, sir.
County Commissioner Geller: I was told it would be now.
Commissioner Gort: You have it.
County Commissioner Geller: Thank you. As I told you earlier, my name is Steve
Geller. Because of the time limit, I'll ask the Clerk to distribute my remarks. The
(UNINTELLIGIBLE) printouts for my website, attached to my expert witness
credentials in two areas. It's a brief list of summaries. I served on and chaired the
committees regulating gambling in the Legislature for 20 years. Gambling was one
of three areas of expertise listed on my website. I have the gambling law blog,
www.geller (UNINTELLIGIBLE) dotcom. I speak all over the country on gambling
law issues. One of the other three areas listed on my website is zoning and land use.
In the interest of time, I'd ask that you look at the documents I have distributed. I
proffer that I am an expert in gambling law and an expert in zoning law -- I'm trying
to get it done in four minutes. Okay --and will be happy to further elaborate in the
"Q" and A. " I've been told I can speak at a normal pace.
Vice Chair Russell: Yeah. No rush.
County Commissioner Geller: There are only a few issues that I'd like to cover
today. First, it is important to understand that there cannot a proliferation of pari-
mutuel facilities located in the City of Miami. There are a limited number of pari-
mutuel permits in general that are permitted in an area. Pari-mutuels are governed
by Florida Statute 550. Florida Statutes grant exclusive areas to jai -alai, dog
racing, and horse racing. Please see, for example, Florida Statute 550.054 (2). I
believe that there is no part of the City of Miami that would permit additional pari-
mutuels. There is an exception, however, to this mileage rule, and that exception is
set forth in Chapter 550.0745(1). That section permits the creation of certain
summer jai -alai permits under certain complicated and specific criteria, regardless
of the mileage exclusion. That is the type of permit that is in front of you now, a
recently created summer jai -alai permit that was issued on July 3, 2018. There is no
application currently pending for any new summer jai -alai permit at this time, and
no new permit can even be with applied for from the State until after July 1, 2019.
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Any new permit that would be issued would require a zoning approval letter from the
City of Miami before it could be issued. It is beyond question that the City of Miami
could pass a restriction that is prospective only and that would forever acquire a
four-fifths vote to bring any new summer jai -alai fronton into the City, and that's the
only type of gambling that could be brought here. The retroactive nature of this
ordinance, however, affects only one permit holder, which is West Flagler
Associates. I mentioned earlier that one of the other areas of law listed on my -- of
the three listed on my website is zoning and land use. Wearing both my gambling
and zoning expert hats, it seems clear to me that this is an impermissible ex post
facto zoning. The City of Miami issued a letter to the Division of Pari-Mutuel
Wagering on January 10, 2018, approving the zoning on that property that's
required by DBPR, the Division of Pari-Mutuel Wagering. They have to have the
zoning letter. The City of Miami issued that letter on January 10. The Division,
based partially on that letter, issued the permit to West Flagler Associates on July 3,
2018. I believe that by January 10, West Flagler's property rights became vested,
but I suppose one could argue that vesting didn't occur until July 3, 2018. According
to your City website, which I looked up, zoning in progress didn't begin until July 26,
2018, after the permit had been granted and after West Flagler's property rights in
the property were clearly already vested. The last thing I want to point out is it is
important to understand what type of gambling we're talking about could occur at
this facility. In addition to pari-mutuel gambling, the jai -alai. The jai -alai fronton --
plus, the television wagering, by which I mean Inter Tract, a simulcast. The jai -alai
fronton could -- not "would" -- could be permitted to have a cardroom, under
Florida Statute 849.086. I will parenthetically add, I was the original author of the
legislation permitting cardrooms at pari-mutuels. But it's important to understand
that under Florida Statute 849.0865, no license for cardrooms can be granted until
the play of jai -alai begins, and most importantly, a vote of this Commission would be
required before cardrooms could be permitted at the new fronton. So I am asking,
whatever you do, if you wish to do four-fifths -- you know, I'm a County
Commissioner. I know -- I have to make local decisions like you do. I'm not telling
you what do. I'm, in fact, only testifying as an expert today. But whatever you do, I
don't think you can make it retroactive. I'll be happy to answer any questions
through the Mayor --
Chair Hardemon: Vice Chairman.
County Commissioner Geller: -- excuse me -- through the Chair.
Vice Chair Russell: Thank you, Mr. Chairman, and thank you, Mr. Geller. Madam
City Attorney, stop me if I ask too much. I assume you might want to save some of
the argument for any potential challenge that may come. But do you consider this
ordinance to be proactive or retroactive?
Victoria Mendez (City Attorney): This is an ordinance. It has nothing to do with
whatever rights or things that they claim to have at this point. You are passing an
ordinance, and whatever they claim, they claim.
Vice Chair Russell: Thank you very much. I'll make the motion.
Chair Hardemon: It's been properly moved. Is there --
Todd B. Hannon (City Clerk): There's already been a motion and a second.
Vice Chair Russell: Oh, sorry. Thank you.
Chair Hardemon: Oh, it's been properly -- So --
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County Commissioner Geller: I just want -- Are there any other questions, or am I
done? Thank you.
Ines Marrero: Mr. Chairman?
Commissioner Carollo: Thank you, Steve.
Commissioner Reyes: Thankyou.
County Commissioner Geller: Thank you, Mr. Mayor -- Chairman.
Ms. Marrero: If I may? I'm not going to speak. I'm just going to ask for your
indulgence to introduce into the record the verbatim transcript of proceedings of the
Planning, Zoning & Appeals Board so they're a part of the record of this legislation;
I know they are, but we had the transcript made, and it's very germane to our
argument, so I would like to have it introduced. Thank you so much.
Commissioner Carollo: Madam --
Alan Hall: Mr. Chairman, may I have a moment to respond to the City Attorney's
comment, to a question? The question was asked directly, "Does it have retroactive
effect or not?" I listened carefully to her answer. Her answer was not direct. Let
me be very direct to you. The way this document is written, it is intended to
adversely affect the rights that are previously vested. It therefore has retroactive
effect. It will lead to litigation, with a certainty. It will lead to challenges to the
constitutionality of it. It will lead to a damage lawsuit, which will require attorney's
fees. I'm going to be the lawyer that's going to be bringing that lawsuit. You don't
want to hear any more about that, I understand that, but you need to understand that
we're sharply divided on this point. Now, earlier when we met, she said, "Oh, you
have the rights to the fronton. " We don't doubt that, and I didn't hear that today --
Ms. Mendez: I think --
Mr. Hall: -- and I think that's disingenuous.
Ms. Mendez: -- you misquoted me. I think you --
Commissioner Gort: Let him finish. Let him finish.
Ms. Mendez: -- misquoted me.
Commissioner Gort: (UNINTELLIGIBLE). Go ahead; answer now.
Chair Hardemon: It's been properly moved and seconded to approve PZ. 34.
Commissioner Carollo: Madam City Attorney, would you like to opine on --? Well -
Ms. Mendez: Not on the record, no.
Vice Chair Russell: Save it for the court.
Commissioner Carollo: Mind reader?
Chair Hardemon: Is there any further unreadiness by the members of the City
Commission? Seeing none, all in favor of the motion, say "aye. "
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Vice Chair Russell: Aye.
Commissioner Carollo: Aye.
Chair Hardemon: All against the motion, say "nay. " Include the Chairman as a
"nay. " Motion passes.
Mr. Hannon: Motion passes 4-1, as amended.
Chair Hardemon: And --
Vice Chair Russell: How we doing?
Chair Hardemon: -- the September 27, 2018 City Commission meeting --
Ms. Mendez: Did anyone say --
Chair Hardemon: -- has concluded.
Ms. Mendez: -- "as amended"?
Mr. Hannon: Yes.
Ms. Mendez: Okay. Thank you.
Chair Hardemon: Has concluded. So we can close that meeting. We're moving into
our budget hearing.
Unidentified Speaker: Can we take 10?
Mr. Hannon: Just a moment, Chair.
Commissioner Carollo: Budget hearing? If we could just take --
Unidentified Speaker: Just 10.
Chair Hardemon: 10 -minute break?
Vice Chair Russell: A hard 10.
Commissioner Carollo: Yeah, yeah, yeah. I got to get some food.
Vice Chair Russell: And apologies to everyone who's been here waiting.
Chair Hardemon: No, they're getting money; it's okay.
Vice Chair Russell: Depends on who it is. We got a lot of residents here.
END OF PLANNING AND ZONING ITEM(S)
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NA - NON -AGENDA ITEMS)
NA.1 DIRECTIVE
4909 DIRECTION BY COMMISSIONER REYES TO THE CITY
Office of the City MANAGER TO REQUEST THE AUDITS OF THE HOMELESS
Clerk TRUST FROM MIAMI-DADE COUNTY.
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: DISCUSSED
Commissioner Reyes: I have another question -- I mean, I haven't received an
answer. Money -wise, how much money; 20 million, 30 million, 15 million comes
from the City of Miami? Listen, I'm not here to have -- get in an argument with you.
I'm here on a fact-finding mission, okay?
Mr. Book: Well --
Commissioner Reyes: Hold on a second, sir, please. I know that you get very
passionate. I'm passionate, too, okay? I'm also passionate, and I'm not get -- I never
get intimidated. Let me tell you this -- let me ask you this, sir: I would like to see,
also, the programs forgetting them out, because rehab programs -- because if -- by
sheltering them, by doing what you're doing, it seems that is not working. We -- I
want a comprehensive -- to see if we have a comprehensive rehab. I'm trying to
reinstate those people into society; the ones that are rehab -able, because all of them
are not -- you cannot rehab. And I am -- I'm going to end those conversations by
asking the City Manager to please request an audit -- okay? -- an audit, with all the
programs and all of that; that since Mr. Book says that I am totally misinformed, I
want to get informed. I want an audit. And that's all that I have to say, sir. What I
want to do is, if I could, contribute, using this -- all this money a little bit more
efficient, because they -- month after month, year after year, we, in the City of
Miami, are -- we have -- suffering -- I mean, we have all the burden of homelessness.
It is not that I want to eradicate homelessness, because we -- that's -- it's impossible.
There are some people that they live on the streets out of their own choice.
Vice Chair Russell: Or in parks.
Commissioner Reyes: Some people live on the streets, because they are a victim of
addiction; and the other one, they have mental issues, you see. So you cannot
eradicate homelessness, but you can place them and try -- those that you can rehab, I
want to see the program you have, and I'm going to compare some other programs
around, and I don't think that is any -- wrong on my part to ask for that.
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NA.2
DIRECTIVE
4911
DIRECTION BY COMMISSIONER CAROLLO TO THE CITY
ATTORNEY TO PLACE AN ORDINANCE ON THE OCTOBER 11,
Office of the City
2018 CITY COMMISSION AGENDA AMENDING CHAPTER
Clerk
38/ARTICLE III/SECTION 113 OF THE CODE OF THE CITY OF
MIAMI, TO INCREASE THE RESERVATION OF PARK USE FOR
THE COMMUNITY TO EIGHTY-FIVE (85) PERCENT AND TO
REMOVE THE RESERVATION OF EXCLUSIVE USE BY THE
BAYFRONT PARK TRUST.
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: DISCUSSED
Chair Mardemon: Commissioner Carollo.
Commissioner Carollo: But if I can, Commissioner, let me cut through the chase,
and let me instruct the City Attorney on something right now. The -- where did the
ordinance that we have --? If my mind is not forgetful, we have to keep that park
open 50 percent of the year, and I think that on top of that, the Trust can use another
30 days if it needs it. I'd like for you to bring an ordinance back to us, Madam City
Attorney, that will make it 85 percent of the year the park has to be open -- not 50,
like the ordinance reads -- and to take out the clause of another 30 days that the
Trust could keep it closed in addition. We can't vote upon that today, because it's an
ordinance that has to be put out in the papers, advertised; and then it has to be read,
first reading; and after that meeting, in another meeting, a second reading, because
ordinance are read twice. So if you could bring that to us at the next meeting,
changing the ordinance that we have now from 50 percent that the park has to be
open to 85 percent of the year that the park has to be open, which means that the
park would only be closed, at the most, 55 days, which even that is too much, but I'm
trying to be as amenable as I can. And you take off the other clause that the Trust
can close it for an additional 30 days if it so wishes. And this Commission can vote
it up or down, but I'd like for that to be brought to us at the next meeting.
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NA.3
RESOLUTION
4914
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City
CONDEMNING CHEF NUSRET GOKQE'S INSENSITIVITY TO THE
Clerk
SUFFERING OF THE PEOPLE OF CUBA AND VENEZUELA;
AYES:
FURTHER AFFIRMING THAT THE CITY OF MIAMI ("CITY")
STANDS TOGETHER WITH THE PEOPLE OF CUBA,
VENEZUELA, AND THE LARGER COMMUNITY OF IMMIGRANTS
WHO ARE RIGHTFULLY DENOUNCING GOKQE'S SUPPORT FOR
AUTHORITARIAN REGIMES; DECLARING THAT THE NEITHER
THE CITY NOR ANY OF ITS AGENCIES, TRUSTS, OR BOARDS
WILL SPEND ANY OFFICIAL CITY FUNDS AT ANY OF GOKQE'S
RESTAURANTS.
ENACTMENT NUMBER: R-18-0421
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: All right. So what I'd like to do quickly is that there are two
pocket items that I want to address; one of them belongs to Commissioner Reyes.
Commissioner Reyes, if you want to read it into the record --
Commissioner Reyes: Yes. I'm looking for it.
Chair Hardemon: All right.
Commissioner Reyes: (UNINTELLIGIBLE).
Chair Hardemon: You will read the title into the record.
Commissioner Reyes: Yes, sir. Title says, it's A resolution of the Miami City
Commission" --
Chair Hardemon: Speak into the mike.
Commissioner Reyes: A resolution of the Miami City Commission condemning
Chef Nusret Gokge insensitivity to the suffering of the people of Cuba and
Venezuela; further arming that the City of Miami stands together with the people
of Cuba and Venezuela, and the larger community of immigrants who are rightfully
denouncing Gokge support for the authoritarian regimes. " And this is -- this takes
place because this gentleman, he placed on his Facebook account a picture of him
smoking a cigar, just like Fidel Castro, next to him, with a beard like Che Guevarra,
and had been very sympathetic to Madura and that is an insult to the people that all of us that are victims of those horrendous and criminal government. So I am this is my resolution; I'm sponsoring, and I --
Commissioner Carollo: Commissioner, I'm going to second it. I'd like to add a
friendly amendment, if you would accept it.
Commissioner Reyes: Shoot.
Commissioner Carollo: And I would like to see if Commissioner Russell would join
us, because I think he would like to vote on this. The friendly amendment that Id like
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to add to it is that, just like this City did and many other cities across America and
the world did when you had a government of apartheid in South Africa, I would like
for this City in this resolution to add that the City of Miami, nor any of its agencies
or semi-independent trusts, will spend any money, whatsoever, in that restaurant.
Commissioner Reyes: You mean that --
Commissioner Carollo: That we cannot spend any money.
Commissioner Reyes: But is that as an individual or as an institution?
Commissioner Carollo: As an institution.
Commissioner Reyes: I agree with that.
Commissioner Carollo: We did that for the apartheid government when they
governed South Africa.
Commissioner Reyes: I remember.
Commissioner Carollo: And I was here when that motion was made, and I think I
made it. So if you would accept that friendly amendment --
Commissioner Reyes: Yes, I do.
Commissioner Carollo: -- that at the same time, the City Commission so resolves
that neither the City of Miami, nor any of its agencies or trusts or any entity with the
City of Miami --
Commissioner Reyes: That's right.
Commissioner Carollo: -- will be able to patronize or spend any dollars in that
restaurant.
Commissioner Reyes: I accept the amendment. Madam City Attorney, is that legal?
Victoria Mendez (City Attorney): I'm sorry. We can make these amendments for
you. Is that what you're asking?
Commissioner Reyes: Right. If it is --
Commissioner Carollo: Yeah, I --
Ms. Mendez: That's fine.
Commissioner Reyes: That's fine? Okay. I accept the friendly amendment. Okay.
Vice Chair Russell: The question, is it legal to make that amendment?
Commissioner Reyes: No, no, no, no.
Ms. Mendez: I said, "It's fine. "
Commissioner Reyes: Is it legal the way that it's worded.
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Ms. Mendez: We can tweak it a little more, but it's just that the City of Miami or any
of its agencies or trusts cannot spend any of its funds on any of these types of
businesses.
Commissioner Reyes: Yes, don't patronize these businesses.
Commissioner Carollo: And that particular establishment.
Ms. Mendez: Oh, on thatparticular establishment?
Commissioner Reyes: That's right.
Commissioner Carollo: Because we don't --
Ms. Mendez: Okay.
Commissioner Carollo: -- know of any other ones that are doing this.
Ms. Mendez: I would --
Commissioner Carollo: Or you could add, if you want, if you feel better, "on that
particular establishment or others like it. "
Ms. Mendez: Right. So --
Commissioner Reyes: Or any business.
Ms. Mendez: -- that's why I had draft it on these types of businesses, but we will
appropriately draft it with this in mind. Anyway, the City cannot be utilizing funds --
Commissioner Reyes: Very insulting.
Ms. Mendez: -- public funds for private gain anyway --
Chair Hardemon: Wait, wait, wait, wait.
Ms. Mendez: -- so we will --
Chair Hardemon: Let me say this.
Commissioner Reyes: Okay.
Chair Hardemon: The way that it was -- it brought up -- it started as one thing --
Commissioner Reyes: You third the motion.
Chair Hardemon: -- and now it's kind of going to something else. And I have no
sympathy to the salt man, whatever they call it -- right? -- salt bay -- but all I'm
saying is that I just want us to be kind of tempered in how we go about -- I don't
know if his -- I believe his business is in the City of Miami.
Commissioner Carollo: It is.
Commissioner Reyes: Yes, it is a City --
Chair Hardemon: So I want us to be tempered in our perception from the
community, especially the business community, with regard to whether or not that
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the City of Miami takes actions to harm or hinder particular businesses through its
legislative acts.
Commissioner Reyes: That's a -- You have a good point there.
Commissioner Carollo: You do have a good point.
Commissioner Reyes: You have a good point.
Commissioner Carollo: This is why we're not saying anything that we would do,
because I don't think it'll be appropriate, other -- or legal -- than deciding where our
business --
Commissioner Reyes: Yes.
Commissioner Carollo: -- will go to or not go to in this case.
Commissioner Reyes: As an institution.
Commissioner Carollo: As an institution. This is very --
Commissioner Reyes: Not as a personal.
Commissioner Carollo: -- similar, Chairman, to what we did when we presented a
motion years back that we would not invest in any fund that was invested in South
Africa.
Commissioner Reyes: Or do business with.
Commissioner Carollo: Or did business in South Africa.
Commissioner Reyes: Yeah, I remember that.
Commissioner Carollo: And this was something that was eventually approved by
many, many cities; not only in the United States, but throughout the world.
Chair Hardemon: All right. Any further discussion about the motion on the floor?
Commissioner Reyes: Nope.
Vice Chair Russell: You had public comment?
Chair Hardemon: I should. Is there anyone from the public that'd like to speak on
that item? How 'bout you, sir? No? All in favor of the item, say "aye"?
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Commissioner Reyes: Thankyou.
Ms. Mendez: As amended.
Commissioner Reyes: Thankyou.
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NAA
RESOLUTION
4918
AN EMERGENCY RESOLUTION OF THE MIAMI CITY
Office of the City
COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY
Clerk
MANAGER TO WORK WITH THE CITY MAYOR, THE CITY
AYES:
POLICE DEPARTMENT AND ANY AND ALL APPROPRIATE CITY,
COUNTY, STATE, AND FEDERAL OFFICIALS AND AGENCIES TO
TAKE ALL NECESSARY ACTIONS, INCLUDING EFFECTUATING
A TEMPORARY STREET CLOSURE SUBJECT TO COUNTY,
STATE, AND FEDERAL REGULATIONS FOR THOSE PORTIONS
OF PUBLIC STREETS GENERALLY LOCATED ALONG
NORTHWEST 1 ST AVENUE, NORTHWEST 1 ST COURT,
NORTHWEST 1 ST PLACE, NORTHWEST 2ND AVENUE, AND
NORTHWEST 13TH STREET, MIAMI, FLORIDA, UNDER THE
DOLPHIN EXPRESSWAY, AS SHOWN ON THE ATTACHED
EXHIBIT "A," TO PROTECT THE HEALTH, SAFETY, AND
WELFARE OF CITY RESIDENTS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0431
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: There is a --
Commissioner Carollo: As amended.
Chair Hardemon: -- pocket item that I would like to read into the record that I hope
to have some support on. It's An emergency resolution of the Miami City
Commission, with attachments, directing the City Manager to work with the City
Mayor; the City Police Department and any and all appropriate City, County, State,
and Federal officials and agencies to take all necessary actions, including
effectuating a temporary street closure, subject to County, State, and Federal
regulations, for those portions of public streets generally located along Northwest
1st Avenue, Northwest 1st Court, Northwest 1st Place, Northwest 2nd Avenue, and
Northwest 13th Street, Miami, Florida, under the Dolphin Expressway, as shown on
the attached Exhibit A,' to protect the health, safety, and welfare of City residents;
making findings; containing a severability clause; and providing for an effective
date. " So what this area is, as been described, is an area, as I talked about earlier,
in Overtown, where --
Commissioner Reyes: Excuse me. Can we have a copy of it?
Chair Hardemon: Yeah, sure. Would you make extra copies of these? Well, the --
the resolution -- I read the heading. The resolution is probably going to have some
(UNINTELLIGIBLE).
Vice Chair Russell: Right.
Chair Hardemon: So you could take a look at the copy. But basically, to explain to
you what's happening is this: There's an area there where there's lots of drug sales,
drugs use, breaking of City and also State laws --
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Commissioner Reyes: You're talking about 14th Street?
Chair Hardemon: Just south of 14th Street --
Commissioner Reyes: South of 14th Street. I know the area.
Chair Hardenzon: --1st Court, 1st Place. It's like "Land of the Living Dead. "
Commissioner Reyes: That's right.
Chair Hardenzon: And so, the issue that we're having there is that there's a bit of
lawlessness that's occurring there.
Commissioner Carollo: Second the motion.
Commissioner Reyes: Yes.
Chair Hardemon: And I'm not getting much help from our Police Department. And
so, I'm tasked with trying to find a way to really protect the safety of the individuals
that are in that community. We know that in that neighborhood, that's where the
young man ingested the drugs and he --
Commissioner Reyes: And that is --
Chair Hardemon: -- died.
Commissioner Carollo: I second the motion, Commissioner, and let me say that --
Commissioner Reyes: I third the motion.
Commissioner Carollo: -- if you would like to make an additional motion, after we
pass this one, instructing the Manager to sit with the Police Chief so that he could
assign appropriate personnel to this area, I would be very happy --
Emilio T. Gonzalez (City Manager): Sorry -- Mr. Commissioner, I'm --
Commissioner Carollo: -- to second that, also.
Mr. Gonzalez: --sorry; I can't hear you. If I could get you to say that --
Commissioner Reyes: Yes. Can I -- ?
Chair Hardemon: He can repeat it.
Commissioner Carollo: Yeah.
Commissioner Reyes: Please repeat it.
Commissioner Carollo: What I was saying was, Mr. Manager, that I second the
motion that Commissioner Hardemon presented. And I stated to him, if he would
like to make a motion after this motion passes, I would second a motion that he
would make instructing you to sit with the Police Chief so that we could put the
appropriate resources to that area.
Commissioner Reyes: I think it's included in the motion.
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Commissioner Carollo: And let me say this, and you know, this is one of the things
that I felt very strongly before coming back: If the types of shootings that we see on
a weekly basis -- sometimes, sadly, even on a daily basis -- the amount of young men
and women and sometimes children, toddlers months old or just a few years old,
would be happening other than in areas like Liberty City, Overtown, Little Haiti, up
north in some of our neighbor cities; if those types of shootings would be happening
in places like Coral Gables --
Commissioner Reyes: Brickell.
Commissioner Carollo: -- Pinecrest, Brickell, and parts of the wealthier Grove,
Aventura, you would have full task force there, because the people living in those
areas wouldn't put up with it.
Commissioner Reyes: That's right.
Commissioner Carollo: So we should do the same in all of our neighborhoods,
because the people that are living in the areas, like the one Commissioner Hardemon
described, deserve to know that they can, you know, have security also; that they can
live not worrying where the next shot is going to come from; you know, are they
going to be around tomorrow or not, or their kids are going to be safe or not. So
Mr. Manager --
Mr. Gonzalez: Yes, sir. If I could, before the Chief addresses your general
concerns, I just wanted to explain to the Chairman that the area in question is one
that the Chief may be able to speak to or Mr. Vickers, but we're working with the
Health Department. We're working with our own staff. In fact, tomorrow I have a
meeting downtown with Judge Leitman on how we can address in a much more
robust way the concerns that we have. Plus, as you know, we went to court this week
with regard to some of the constraints that we have. So your points are both well -
taken. I'll let the Chief speak for himself, but this is a concern. I mean, I've seen the
photos, I've driven by that area myself, personally, and it's not what we want to be as
a city. So with that, Chief.
Chair Hardemon: Before you speak, Chief, I will say this: I happened to read the
communication that the Health Department sent to the City of Miami, and to me, that
wasn't a partnership. What the Health Department basically said was "Leave
everything as it is. There's a public health crisis in that space, and we want to study
the people that are there. " So they have no concern over the kids that walk through
that area every single day, the people that live amongst what's happening there.
There are apartment buildings that are north, south, east, and west of that space; no
one cares. Those are the streets that many City, County, and other employees drive
through to cut through the traffic every single day.
Mr. Gonzalez: Yes, sir. That was the ask, but that was not our response.
Chair Hardemon: And I appreciate that, because my point is that if there are
diseases that are now being concentrated in this space, because of the actions of
people who are breaking the law, then we have a responsibility of doing something
and doing something now. You know, I'm not here to politicize this, by any means.
When we had issues there in those vacant lots, we had an ordinance go in to put up
fencing, and I would say that that fencing has caused a lot of the -- what -- the
vagrancy that was going on in the lots there, private and public, to go away. And so,
now, it's in our public right-of-ways [sic], and now it's becoming something that is
so egregious that the Health Department has found it necessary to send us
communications saying, "You have a major issue in this space. " And so, we want to
make sure that all our spaces, especially in areas like that, are safe for people to be.
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And if this is the way that we must go about the beginning of it, then that's something
that we have to tackle. And the CRA, the Southeast/Overtown CRA, this board has
approved for many years additional officers in the Overtown area to ensure the
safety of -- well-being of people who live there; businesses, et cetera. And, you
know, this is one of the areas that I spoke to when we first gave those dollars. We've
given millions of dollars to the Police Department to enhance the service to provide
a service to the people that are there, and it just not -- has not worked out, and that's
why the Overtown CRA didn't renew that sort of agreement. And so, you know, I'm
not going to continue banging my head with a department that I don't control;
neither do I want to make disparaging remarks about a department that my mother
served for. What I want is for the issue to be resolved. And so, I feel as if the best
way for us to go about solving this issue is to do what we're doing today, which is to
provide a temporary relief to the people in that area until there is some control over
what's happening in that space. Chief.
Jorge Colina (Chief of Police): (INAUDIBLE) this -- that is a little difficult to
manage. And first of all, I'm in agreement that this is a problem, and it's a problem
that we have to deal with. I testified in Federal Court on Monday about how I felt
about this. The ACLU (American Civil Liberties Union) has made, essentially,
accusations against the Police Department, because the way that we have been
trying to clean the streets. That space is really kind of Exhibit Number 1 of -- this is
a problem, and we have to find something other than what we've done in the past,
because, to your point, it's not working. As far as the Health Department goes, I
understand what you're saying about; I want to examine what's happening. Part of
that communication from them is saying that there's essentially a fear that if we
disperse the folks that are there, then perhaps we're complicating the problem,
because now we have diseased folks spread out.
Chair Hardemon: In Miami -Dade County. That will be nice, rather than --
Chief Colina: Right. So I understand both sides, is what I'm saying. I see the
reasoning, the logic on each side. Nonetheless, like the Manager said, we're not
taking that as this is an order from the Health Department. We do have a plan that
we're going to be launching that will include doing the cleanings there. Like I said,
because we do have this pending litigation, it has been a little bit difficult, especially
during the time of this trial, to try to do away with Pottinger, because it's unfair to
the citizens of Miami that this only applies to us. The law, in order for it to be fair,
should apply to everyone, and everyone has rights; not just the homeless. I don't
want to sound insensitive to the homeless, but it's a problem.
Chair Hardemon: But this ordinance doesn't speak to the homeless. This ordinance
speaks to issues that we're having there. And so, particularly, I'm not talking about
homelessness in the City of Miami. I'm talking about lawlessness. I'm talking about
using and selling drugs. I'm talking about violations of even Pottinger. So we're not
talking about things that have perils on the homeless.
Chief Colina: I understand.
Chair Hardemon: I'm saying that there are issues that need to be solved. I respect
the fact that the Police Department follows its commands when it comes to Pottinger;
but they also turn a blind eye in many ways as well. They also don't investigate as
they should. You know, we shouldn't assume people do not have a home because
they look a certain way, or because they pitch a tent in a certain place. Overtown
has been, and hopefully will not continue to be, the best place to buy drugs in the
City of Miami. We've heard it before. They get arrested in Homestead; they get
released in the Health District, in the area where Commissioner Gort and I serve,
and they walk to Overtown. Its the cheapest Uber ride you've ever had in your life.
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And so, they're prepared to make that move, if they're going to end up in a space
where they can freely use drugs and abuse them right there to die in our community.
So look, what I'm saying to you is that before, it was unfair; before, it was
intolerable; before, it was only in the black neighborhoods; before, it was a an -- you
had overdose issues, people with dependency issues, but right now we're talking
about life and death of individuals who are in peril and in harm's way merely
because they live there. And so, our responsibility is to protect the citizens of this
community, and that's what we're going to do. I think that's most appropriate. And
so, let that -- let the chips fall where they may when it comes to that. So I'm not
trying to do any harm to anyone. All I'm saying is that I want the best to happen for
that community, that area; and if there is an issue that is there, then we need get
control of that space, because right now, we can't afford to have people in that
community continue to die because they're exposed to Hepatitis, they're exposed to
HIV (Human immunodeficiency Virus), they're exposed to a proliferation of trash,
where children who are walking in that neighborhood can, on any day --just like the
one that passed away from ingesting those pills -- but children can walk away any
day -- and I'm going to show you an image that I have, where there's so much
garbage that you can easily step on a hypodermic needle; that, for some reason, in
the supreme wisdom, the City of Miami has agreed to give to people to even inject
themselves in that very same place. So, you know, come on; give me a break.
Somebody give me a (expletive) break. This has to stop. I want to open up the
public comment. Renita Holmes.
Renita Holmes: Good afternoon. Bear with me; recovering from a little respiratory
(UNINTELLIGIBLE). Madam Holmes, Executive Director of Wave of Women in
Public Housing. Hello, Chief. It was nice to see you over in the park the other
night. Thank you, Commissioner. Just a little bit coming here and going home.
Certain streets I don't take, because the urine is so foul, it makes me sick, hurts my
repository system. My children travel that way, too, in the neighborhood. They look
at it every day; you're absolutely correct. Why not? The increasing numbers that
you get from the Health Department and from the Rape Treatment Center, the recent
increase in murders and bodies found floating of women. Where I left off on this
before, Commissioner and Chair, was that community -oriented policing versus
community policing is really significant, and what I see when we first -- or at least
take law enforcement, I ask that you be careful, particularly for the women and the
people that are there. When we have an agency that has profiling issues, and we
can't really separate one African American from the one that lives around there, that
possibly may be the detainment on your way home, because you're still taking that
street. You need to give them proper notice. There's a group of mothers and other
organizations that go out there that feed, as well as provide support peer services.
We'd like to coordinate with you; not just the ones that we know. I understand the
University of Miami makes a lot of money for testing us, and it has a large guinea
pig; they bring the money over there. That's cool. But you need other real,
innovative, gender -specific, because the ladies over there are having some issues.
We'd like to participate. I want to thank you for allowing us to meet with you.
Mothers on Patrol had their bikes stolen. I had surgery last week Thursday. I went
to the store, because I was craving an Otis Spunkmeyer double fudge chocolate,
because the illegal drugs was really taking me through the munchies. I'm glad to
recover. I didn't want to touch the door to the store, because guys come in there and
girls come in there with pox all over their hands, so Hepatitis is at an all-time high.
I pulled the figures. We do need to do something. My child goes in the store and
touches a door, and someone just shot and injected in their hands. We're talking
about increasing Hepatitis. Commissioner, the police are so great, the community -
oriented policing in my area, that -- and I don't want to be foul, but I have to see this
for three weeks; a young lady walking around with her shirt turned off, holding onto
her breasts, exposed. She's out there now. I've got pictures, if you'd like to see. I'll
give them to your Clerk. I held them just for this opportunity. Thank you, Jesus. No
one would pick her up. Her menstrual cycle is flowing from two weeks. She sits
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there. They give her drugs. She sits there. No one touches her. I sat there three
nights before I had my surgery -- I swear to God, Chief -- couldn't get nobody to take
this child to crisis. What's wrong? Are we so lazy; we don't want to do that? Man
takes a crap right there at the subway downtown, and at the -- I went by there, and I
said, "Officers, this guy is spewing diarrhea. Here we go. " Yes. It's gross, isn't it?
I had to stop the Ambassadors. Please report that. Call the business owner. Call
your crew. Tourists passing by. But at the time he was doing it -- I have that
picture, too -- tourists are passing by watching it, and one lady with a little girl. You
can actually see her going -- exiting the picture. Why do we think it's not okay to tell
those officers to wear gloves? Why do the officers think they do not have to arrest
someone that's susceptible like that? It has to be a community -oriented policing.
You're absolutely correct, Commissioner Carollo. I'm going to shorten it one more
time. Some guy stole my bike. I immediately called. I was in flip-flops, and my
mouth was full of Otis Spunkmeyer double fudge. But my point was, the minute I
went in the store, he went into a store on the corner that has no camera; refuses to
have camera. When you walk into that store, the 50 cent cigarettes are smoked
before you get out. So Code needs to follow up, just like we did in North Dade with
(UNINTELLIGIBLE) and the alternative gang about selling 50 cent cigarettes. You
bring them. But then you have no place for me to park my bikes when we go. Lastly,
all these bikes all up and down the avenue, tore up bikes with brakes on
(UNINTELLIGIBLE). If I know that I can steal any tourist's bike or anyone bike
right in front of 111 building and sell it for a five -cent or a ten -cent piece of crack or
heroine, that's all these bikes laying around or something. My children in foster
care. Guys come there looking for them. They're transitioning out of foster care in
those two units over there. They don't get any housing. The women out there with
cancer just recently became my big thing. Not everybody out there amongst them.
Sometimes you're safe amongst that crowd. You're not smoking, but they're out there
and they have cancer. They have nowhere else to go. They can't get treatment, and
so they're there; a lot of men, too, with prostate cancer. I don't know how the
Homeless Trust does its survey, but do you recall -- you may not, City Manager --
that we had -- and you may, too, Mr. Vickers -- when we put all the tents out,
initially, when we first did the first one over -- I think it was when Camillus House
was over there -- all the adequate specific services that filled in the gap. I love the
One Stop. One Stop brings only the two vendors of service agencies that we've
already got in our hands. We've already gotten it. You get it one time. So why you
keep bringing me service suppliers and venders that we've already gotten services?
So when we talk about having an impact, we talk about doing it with the police. You
have to have a partnership, you have to have educated vendors who won't be
contaminated, and you must give the community notice so they're not mistaken and
ID'd or profiled for the wrong people. So when I come to talk to you those times
about community -oriented policing and changing the scope and getting
(UNINTELLIGIBLE), I've talked to the Chief a lot. I've sat down with Major
Guerra. I try to sit down with Commander Cook. We need to talk. We need to have
somebody can help, and you need to include the community, and you need to be safe
with your officers --
Chair Hardemon: Thank you, Madam Holmes
Ms. Holmes: -- and we need to make sure that further injustice doesn't happen to
anyone while we're trying to (UNINTELLIGIBLE). And I thank you for the
opportunity.
Chair Hardemon: Is there anyone else that wants to speak on public comment
regarding the item?
Unidentified Speaker: Mr. Chair
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Chair Hardemon: Let's recognize the public comment first.
Ron Book: I would, Mr. Chair. Again, Ron Book, in my capacity as Chairman of the
Homeless Trust. You've got an emergency ordinance, a resolution in front of you. I
simply want to tell you my personal experience. For us, six or seven months, we
have been very focused in the Overtown area. Together with the Chief's team, the
NET (Neighborhood Enhancement Team) teams, we've done a number of sweeps in
an effort to try to make sure those that we're able to persuade to get off the streets,
we do. While we were doing that, we came onto the area described in this
resolution. On the weekend of June 24 or 25th -- whenever that Saturday was -- I
went out to the area again and watched for 20 minutes while there was open sex in
broad daylight. We watched not only drugs being passed very openly, very clearly,
I'm sitting there watching -- there was a police officer sitting in his car 50 yards, 60
yards from them. We watched people taking and shooting their drugs into their
thighs, into their arms, firsthand. It's not secondhand. It's not third hand. On
Friday of last week, we had two of our judges, Judge Cohen and Judge Leifman, go
out with folks from your staff, folks from our staff, and the Deputy Mayor who
oversees Police, Fire and Corrections at the County. Out of that, where they saw
exactly what Ms. Holmes just described; women with their chest completely bear,
broad daylight, 3 o'clock in the afternoon. You can't make this stuff up. We've got
the photos. We've got what it takes. You've got an opioid epidemic going on. We
know from the Department of Health that what's in here is substantiated as a health
crisis. You got a Hep A, an HIV. You got a problem. This is the definition of an
emergency. We have a meeting tomorrow at 1 o'clock with a number of judges and a
number of others that care about this and care about dealing with the epidemic that
exists out there, both the health epidemic, as well as, if you will, the opioids mess,
because that is nothing but an opioid den inside of a house of prostitution, without
being charged for it. That's what we saw, and that's what we watched, Mr.
Chairman.
Chair Hardemon: Thank you very much, sir.
Milton Vickers: Mr. Chair, I don't want to be repetitious. Clearly, you know at this
point that there is a public health issue in that area. We, in fact, sort of predicted
that that would become an issue at I st Court, as well as Macy's. Our prediction was
based on Hepatitis A, after some discussions with Florida Public Health Department
and looking at some other areas around the country where Hep A had become a
problem with homelessness. I can tell you that we have started to address the Hep A
problem in that area. Hep A is basically a communicable disease that deals
specifically with the lack of washing of hands. So we have ordered and will begin to
distribute hand sanitizes antibacterial wipes, and a public education flyer, which
will be an individual, one-on-one campaign that is approved by the CDC (Center for
Disease Control) and also recommended by the Florida Department of Health. The
document that you have before you will be a part of the tool belt that we'll take to the
meeting -- the emergency meeting tomorrow with the Administrative Judge for the
Eleventh Circuit. Also, when the meeting was initially formed, many of the City's
executives were not on that invite list. They are now on that invite list, and we will
attend; I believe, including, the Manager has committed to attending that meeting.
So I don't want you to think that it's been overlooked, but there's a lot more that can
be done. This is not just a homeless issue. It is now a real public safety issue; the
point of not allowing it to spread outside of that contained area. Now, the Health
Department did allow us, Mr. Chair, to place some individuals in shelter, as long as
we knew where they were in shelter, so that -- at least 13 individuals from the area
were placed; 13, however, out of maybe 45 or 50, is a very small amount. So,
hopefully, tomorrow we can get all the parties together. There has been some
discussion -- in fact, staff will be recommending the use of Baker and Mensa Acts to
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address that problem. Those are both short-term stays in a mental facility, but at the
very least, those individuals can be exposed to some treatment and possibly detox.
Chair Hardemon: Thank you, sir. Any further comment from the public? Seeing
none, I'm going to close the public hearing. Is there any discussion amongst the
Commissioners?
Vice Chair Russell: We'll support it.
Commissioner Carollo: Motion by you, Commissioner; second by --
Chair Hardemon: I can't move because I'm Chairing the --
Mr. Hannon: It was moved by Commissioner Reyes --
Commissioner Reyes: I move it.
Mr. Hannon: -- second by Commissioner Carollo.
Chair Hardemon: Okay.
Commissioner Carollo: Okay.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
NA.5
RESOLUTION
4889
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
MOVER:
THE CITY MANAGER TO COLLABORATE WITH THE CITY OF
Commissioners and
MIAMI BEACH, THE VILLAGE OF KEY BISCAYNE, AND MIAMI-
Mayor
DADE COUNTY ON VARIOUS METHODS TO ADDRESS WATER
ABSENT:
QUALITY ISSUES IN BISCAYNE BAY INCLUDING, BUT NOT
LIMITED TO, WATER QUALITY TESTING, IDENTIFICATION OF
CONTAMINANTS, AND IDENTIFICATION OF POTENTIAL
CONTAMINATION SOURCES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A MEMORANDUM OF
UNDERSTANDING RELATED TO THE SAME, SUBJECT TO CITY
COMMISSION APPROVAL.
ENACTMENT NUMBER: R-18-0429
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Reyes
Vice Chair Russell: Can we do my pocket?
Chair Hardemon: You have a pocket as well?
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Vice Chair Russell: Yes, sir. It's been passed out.
Chair Hardemon: You can read it into -- go ahead, you can read it.
Vice Chair Russell: Thank you. Gentlemen, this is a pocket item of a different
nature, a crisis in itself, paling in comparison to the human crisis that we just spoke
about, for this is an environmental one. We have a water crisis with regard to
contamination. Other cities have blue-green algae, lowering the values of their
waterfront property and their entire tax basis, dropping tourism in the fishing and
water industry. We potentially have a crisis coming to our shores of a different
nature. So I've gotten together with both Miami Beach and Key Biscayne to put
together a plan to help supplement the County's existing testing plan to see what the
causes of the fecal bacteria in our coastline, in our bay, where it's coming from and
exactly what it is. It could be a number of culprits. It could be a sewage plan. It
could be the rotting high levels of seaweed that have washed ashore over the last
months. It could be the septic tanks that are failing and overflowing, and it could be
our own outfalls from street runoff. The testing that we'll be looking to work
together with on these two cities who are working together with us can help get to
the bottom of this. So this is a resolution of the Miami City Commission, directing
the City Manager to collaborate with Miami -Dade County, the City of Miami Beach,
and the Village of Key Biscayne on various methods to address water quality issues
in Biscayne Bay, including, but not limited to, water quality testing, identification of
contaminants, and identification of potential contamination sources; authorizing the
City Manager to negotiate a memorandum of understanding where they do the same,
subject to City Commission approval.
Chair Hardemon: Anyone from the public like to make a comment on that item?
You would? Please. She said, "Oh, I have something to say. Let me take out my
speech. " I didn't expect this.
Karen Beber: Actually, I sent each and every one of you an email about this, so
hopefully, you received an onslaught in case you missed mine. I would like to tell
you what it said.
Chair Hardemon: Can you state your name for the record, please?
Ms. Beber: Karen Beber.
Chair Hardemon: Thank you.
Ms. Beber: Yes. Hundred percent, I support the science -based testing of our
beaches and ocean waters, and of course, Biscayne Bay, specifically in and around
Virginia Key, in order to determine as quickly and as definitively as possible the
source of this fecal contamination. Once we can identify the source, we must waste
no time fixing whatever is broken, as it is badly broken. The ongoing contamination
of our beaches, resulting in closures, has gone on for far too long, and it's absolutely
unacceptable. We are swimming in poop. We know that our elected leaders and
their appointees have been neglecting our water treatment and our sewage system
for years, even disregarding a known sewage leak for one year. In 2016, they were
brought to court to force the repair of a broken sewage pipe that was spewing
untreated waste into the ocean, too close to where we swim, and I have no doubt that
the leaks are also causing contamination in Biscayne Bay. Equally unfortunate is
the fact that there seems to be a quiet conspiracy to keep the public unaware of this,
and this, too, is unacceptable. This is important for everyone; for tourists, for local
businesses, beach goers, outside sports enthusiasts, environmentalists, families and
voters. Everyone who lives in Miami and everyone who visits Miami has been or
will be affected by this. Please keep our interests in mind. This will affect the future
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of our beaches, along with our well-being and our lives; not to mention our property
values, because who will buy a condo on a contaminated Biscayne Bay? Who will
buy a condo on the ocean when swimming is prohibited and dangerous to your
health? For our economy, what boat show event producer would want a boat show
here in Miami when the bay is not swimmable? And what world -renown art show
would want to bring one of its showcase events to a city with contaminated water? I
urge you, please, get this coalition; participate, collaborate, and let's get this done.
Thank you.
Chair Hardemon: Thank you very much. Is there anyone else? You're recognized,
Sir.
Commissioner Gort: My understanding, we allocated some funds in that. We are
allocating funds.
Luis de la Vega: Good afternoon. My name is Luis de la Vega. I am a Miami
native. I've raised my family here, and I spend a fair amount of time on the water
myself, and I would like to speak firsthand about the fact that I am scared to take my
children to the water. I took them this weekend, because the last week's test said that
the water was okay, but the week before that, it said it wasn't; and the week before
that, it wasn't either; and the week before that, they were actually closed; you
weren't even allowed out there. Kids have walked off the beach with rashes; people
have bacterial contamination and bacterial infections on their skin. It's a pretty
nasty situation. And we have fecal matter that is likely causing the bacteria. We
have a plant that -- on Virginia Key, which we know is pumping lots of partially
treated sewage out on the water. It's, I don't think, very hard to connect the two
things, but we need data and we need science to prove what's happening. I am all
for it, and I think our City needs it before this turns into a serious issue, affecting
thousands of people and ultimately affecting the visitors to our City. So I strongly
recommend that you consider this.
Vice Chair Russell: I'll make the motion.
Chair Hardemon: Thank you, Sir.
Mr. De la Vega: Thank you.
Chair Hardemon: It's been properly moved --
Commissioner Reyes: Move it.
Chair Hardemon: -- seconded by Commissioner Reyes. Any further discussion?
Commissioner Carollo: Yes.
Chair Hardemon: Concluded public comment. Discussion from the dais. You're
recognized, Sir.
Commissioner Carollo: What is the County doing on this right now? Because I
don't want to repeat the same thing they're doing.
Vice Chair Russell: The County has a certain level of testing, and they're looking to
increase their testing, as well. They are doing a different testing, which -- and I
won't speak for Mr. Dodd. I apologize if you were addressing your question to him.
But from my understanding, the testing they do currently doesn't go specifically
enough into the specific bacteria that can tell us exactly what this is. The bacteria
they check for gives the same trigger for the seaweed rotting, for human fecal waste,
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and for potential fertilizer runoff. So we're looking to do some more specific testing;
and specifically, our outfalls around our City, where they may not be testing. How'd
I do?
Commissioner Carollo: That's a fair explanation.
Alan Dodd: Commissioners, Alan Dodd, Director of Resilience and Public Works.
And the Commissioner's absolutely right. The testing they do is looking at a higher
level as to what's the overall count, but it doesn't get into specific details. And I'm
not an environmental engineer, and I have not been looking at the County's data, but
it is looking at overall levels of bacteria, et cetera, nitrogen fertilizers, and things
like that.
Commissioner Carollo: Do we have any idea of what price tag comes along with
this?
Mr. Dodd: I have not looked at it from a City of Miami point of view.
Commissioner Gort: 50,000.
Commissioner Reyes: 50,000.
Vice Chair Russell: So the City of Miami Beach had just approved $70, 000 for this
year's budget. They've already been doing this testing, based on the runoff from
their pumps from the streets. Virginia Key approved yesterday $50, 000, and they're
looking for us to match 50, 000; the total, 170.
Commissioner Carollo: Key Biscayne, not Virginia Key.
Vice Chair Russell: I'm sorry. Thank you. Key Biscayne.
Commissioner Carollo: Otherwise, we'll be paying double.
Vice Chair Russell: Well, Virginia Key is one of our beaches affected, so that's our
budget, but we're trying to match Key Biscayne. Obviously, we're the biggest of the
three municipalities, and we certainly have the largest amount of runoff from our
outfalls, so we're -- we've got the -- we've got a plan in place to hopefully have a six-
month review after this testing that can give us causes and course of action, so it
doesn't just go down the drain.
Commissioner Carollo: Where's the money coming from, Mr. Manager?
Emilio T. Gonzalez (City Manager): Sir, we have $50,000, I believe, set aside for
this particular testing. I can get you the exact place where the money's coming from.
Commissioner Gort: It's in the book.
Mr. Gonzalez: It may be the general fund, but I'll get that information shortly.
Vice Chair Russell: And Commissioner, based on your earlier question, I have one
amendment, to add the name, `1ldiami-Dade County, " to make sure that we're not
doubling their efforts, and they're working together with them in this effort, before
the words, "City of Miami Beach" and "Village of Key Biscayne."
Commissioner Carollo: That's good, because we don't want to spend more money
than we should. And I could certainly understand why the County might do certain
tests, because if maybe they do all that they're supposed to, it might open up a bigger
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can of worms for them, so I have no problem in going forward with this. But I would
like to know, and especially if I see the Budget Director there, where the money's
coming from, because before we spend money like this, we should know where it's
coming from, and that's all that I want. Its just a simple question, you know:
Where's the money coming from and what pot?
Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of
Management & Budget. It is in the second change memo, which is proposed for
changes tonight. It's $50, 000, and it's coming from the general fund.
Commissioner Carollo: Okay. So are we adding to the budget that we're going to
approve, or are we just taking from Peter to pay Paul?
Mr. Rose: We're taking from one part of non -departmental accounts and moving it
to another part of non -departmental accounts.
Commissioner Carollo: Okay. Could you tell me what part to --?
Mr. Rose: Yes. The reserve for uncollectable is where the money's coming from,
and it's going to be its own line item in the non -departmental accounts.
Commissioner Carollo: Okay, that's fine. I think we just should have a policy that
before we spend money, we should know where we're taking it from. That's all.
Mr. Rose: Yes, sir.
Chair Hardemon: So the mover and seconder will, without objection, will agree to
the amendments that are made on the motion. Ma'am, would you like to speak on the
item? Is that why you're here?
Kelly Cox: Yes. I just wanted to provide a comment. I'm Kelly, with Miami Water
Keeper, and we've been working with the Village of Key Biscayne and the City of
Miami and Ken Russell's office on this issue. We do have a breakdown of exactly
how much the tests would cost per individual biomarker; and we're happy to provide
that to you all and to your staff. It is a very expensive test, so we feel that it's
something that's really worthwhile, so we can figure out the cause of this problem,
and why we're having such an influx of bacteria on our beaches that's causing a
public health and an environmental health hazard.
Chair Hardemon: Thank you very much.
Ms. Cox: Sure.
Commissioner Carollo: Thank you.
Chair Hardemon: Seeing no further questions or discussion on this issue, all in
favor of motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion carries as well.
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NA.6
RESOLUTION
4921
A RESOLUTION OF THE MIAMI CITY COMMISSION STAYING
MOVER:
THE NOTICE TO VACATE SENT TO RICKENBACKER MARINA,
Office of the City
INC. DATED SEPTEMBER 14, 2018 UNTIL DECEMBER 13,2018;
Clerk
FURTHER DEFERRING CITY COMMISSION AGENDA ITEMS RE.6
NAYS:
AND RE.7 FROM THE SEPTEMBER 27, 2018 CITY COMMISSION
MEETING UNTIL THE DECEMBER 13, 2018 CITY COMMISSION
MEETING.
ENACTMENT NUMBER: R-18-0430
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
NAYS:
Hardemon
Commissioner Carollo: Will you have it in tomorrow before the 15 days is up?
Miguel De Grandy: Sure.
Commissioner Carollo: Okay. So here's the resolution that I would like to make,
okay? The resolution I would like to make is -- since they've been so gracious to
volunteer $200, 000 in a cashier's check, they're going to be even more gracious and
bring another $100, 000 tomorrow to the City before 5 p.m., the resolution will be
that this money would carry them up until the end of November -- a little more than
60 days -- so that you could sit with them, you could work out something that
everybody could live on; where we're going to then get a steady additional $100, 000,
besides what he was paying us per month, until this whole thing is resolved. The
wording that's going to be catchy is on how it's going to be resolved, because
conceivably, I mean, you could appeal to the U.S. Supreme Court. So we have to
conte up with wording that's reasonable on the result part in the courts.
Vice Chair Russell: So is that a motion, Commissioner?
Commissioner Gort: No.
Commissioner Carollo: It's a motion --
Vice Chair Russell: Is there a second?
Commissioner Carollo: -- that -- and that's based upon them providing another
100, 000 tomorrow before 5; sante form, cashier's check.
Mr. De Grandy: Yes, sir.
Commissioner Carollo: I think the Finance people might be a little tired tomorrow
counting cash, but -- and that, I think, will satisfy us. As I said before, I don't care
which party we're getting the extra money from; you or them. The problem here is
that based upon a contract that was signed before and the legal opinion the City
Attorney gave us, we can negotiate with the other party, so we basically either have
to take it over or, you know, you've convinced us to reconsider with what you
volunteered to give the City.
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Vice Chair Russell: Commissioner -- so there's been a motion; I just want to clarify.
-- does that rescind the eviction notice or stay it for that 60 -day period?
Commissioner Carollo: It stays it --
Vice Chair Russell: Stays it.
Commissioner Carollo: -- until the following points are made: One, that they have
to provide the extra 100, 000 by 5 p. m. tomorrow.
Mr. De Grandy: Yes, sir.
Commissioner Carollo: And if they do provide the extra 100, 000 cashier's check by
tomorrow, then it's stayed until the end of November.
Vice Chair Russell: There's been a motion. Is there a --?
Commissioner Carollo: That's what carries it --
Vice Chair Russell: Understood.
Commissioner Carollo: --to that.
Vice Chair Russell: Is there a second?
Commissioner Reyes: Wait a minute. Before I go a second on all this, I got to
clarify this, you see. From what I understood, there was instruction to -- and a
motion, and we passed it -- I mean, a resolution to send a notice of eviction. Then
our City Attorney recommended that either we take the -- and we manage the
marina, which I think will be a terrible mistake, because we --
Commissioner Carollo: It's the only way we can get it.
Commissioner Reyes: Hold on a second, sir. I -- now listen to me.
Vice Chair Russell: One at a time, through the Chair, please.
Commissioner Reyes: Okay. Now, what I understood is this: That Mr. De Grandy
came in and said -- because one of the complaints was that we were losing a
$100,000 a month, right? And he said, "Wait. My customer" -- "my client is willing
to make up that $100, 000 per month, " right? Now, we got a check for $200, 000,
right?
Mr. De Grandy: That's correct.
Commissioner Reyes: That -- as Commissioner Carollo says, it takes us until
November, right?
Commissioner Carollo: October. Until October.
Commissioner Reyes: In October -- until October. But that means that every month
after that, you're going to pay the rent that you're going to pay -- you're paying now,
plus $100, 000, which add up to what?
Commissioner Carollo: Well, this is --
Commissioner Reyes: To what amount?
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Commissioner Carollo: Commissioner --
Commissioner Reyes: I'm just trying to clarify it in my head.
Commissioner Carollo: Yeah. No, no, I understand that.
Commissioner Reyes: You see? Okay.
Commissioner Carollo: But let me explain quickly. What we're doing is we're going
to guarantee that giving them 60 more days, the City Law Department can work out
an agreement that satisfies all parties, with the exception of one, I think, that we are
going to get an extra $100, 000 per month, besides what we've been getting paid.
Commissioner Reyes: Okay.
Commissioner Carollo: All that I'm making sure is that for the extra time they're
getting that we're going to get $100, 000 for each of those months.
Commissioner Reyes: I agree with you.
Commissioner Carollo: That's all.
Commissioner Reyes: That's what I wanted to clam.
Vice Chair Russell: But do you second the motion?
Commissioner Reyes: I second it, if it is like that.
Victoria Mendez (City Attorney): And I just wanted to clam on the record by Mr.
De Grandy --
Commissioner Reyes: That's right.
Ms. Mendez: -- that all of this is voluntary --
Mr. De Grandy: Yes.
Ms. Mendez: -- on your part? Thank you so much.
Commissioner Reyes: All right.
Vice Chair Russell: There's been a motion and a second. I'll open the floor for
public comment. Mr. Dotson, I'm sure you have something to say.
Al Dotson: I just want to say, hello. Al Dotson, with Bilzen Sumberg, 1450 Brickell
Avenue. I represent Virginia Key, LLC (Limited Liability Company), who has won
this particular RFP (Request for Proposals) twice, and won in court every time it's
been challenged. We appreciate your focus on good government and making sure
that the residents and citizens of the City of Miami are protected, and you actually
are receiving the appropriate value for your asset. While you thought we might
object, we fully appreciate where you are and why you're going down that path.
You've been receiving for the last few years less than market rate on that asset. Just
yesterday, we informed you that the insurance had lapsed. Magically, this morning,
you received a insurance certificate, even though you're now not insured for that
year period of time. And we don't object, quite frankly, to this effort to try to work
through, over the next 90 days, your relationship with the current operator.
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Commissioner Carollo: Al, can I interrupt you for a moment?
Mr. Dotson: Yes, sir.
Commissioner Carollo: You said that for the whole year, they didn't have
insurance?
Mr. Dotson: For about a year, yes, sir.
Commissioner Carollo: Well --
Mr. Dotson: That's according to the records we received from (UNINTELLIGIBLE).
Commissioner Carollo: Well, if that's true --
Mr. De Grandy: That we didn't have insurance?
Commissioner Carollo: -- while it's terrible on their part, I don't blame them as
much as I blame our people in the City. What the heck --?
Daniel Rotenberg (Director/Department of Real Estate & Asset Management):
That's simply not accurate.
Mr. Dotson: I may not be -- it may not be (UNINTELLIGIBLE).
Vice Chair Russell: Let's get clarification before any accusations are warranted.
Mr. Rotenberg: But let me answer that. I have their dee. page -- their declaration
page --
Commissioner Carollo: Yeah.
Mr. Rotenberg: -- and they've been, in effect since October 21, 2017. It does expire
10/21/2018. We already had the dee. pages that are signed going forward from
10/27.
Commissioner Carollo: It started August 27? Did they have it paid beginning then?
Mr. Rotenberg: They've been in -- their insurance has been in full force and effect
the entire time.
Commissioner Carollo: The entire time?
Mr. Rotenberg: Yes.
Commissioner Carollo: Okay. That's why it said, if, in fact, those words were true, I
wanted to know what our people were doing. Thank God that that's not the case.
Mr. Rotenberg: No, it's not the case, sir.
Commissioner Carollo: Okay. Good.
Vice Chair Russell: Please continue with public comment.
Mr. Dotson: Sure.
Commissioner Carollo: Thank you.
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Mr. Dotson: I just wanted to say again that we appreciate your focus on making
sure that you receive market rate and market value for that asset. There's two things
I want to be clear on. At the end of the day, this process will ultimately end. Our
client has offered you $100 million more than the current operator's team, according
to your estimates by CBRE (Coldwell Banker Richard Ellis). We look forward to
being in that position soon to do -- to provide you with that service, or that improved
asset, as well as that revenue. So again, I want to say on the record, on behalf of our
client, we appreciate what you're doing. We understand why you're doing it. You
deserve to receive market rent on that property. And so, the money that belongs to
you is not being used to challenge your process, sue you, or to otherwise hold up the
progress of the City of Miami.
Commissioner Carollo: Thank you. Mr. Manager --or our Assistant Manager?
Mr. Rotenberg: Yes, sir.
Commissioner Carollo: I would like, by early next week, and not sent by Pony
Express, the last two years --fiscal years -- this one has basically ended, so you take
it up to as far as you can in September -- or actually, you'll probably be able to cut -
- you're going to have to cut the month before -- how much revenue that dry docks
that we run next to it has been bringing us by month.
Commissioner Reyes: Yeah. I second that.
Commissioner Carollo: I'd like to seethe monies that-- The City's run dry docks
that are right next to theirs, I'd like to see how much money that's bringing in every
month for the last two fiscal years.
Commissioner Gort: I've asked for that. That's very important --
Commissioner Carollo: Yeah.
Commissioner Gort: -- to know that (UNINTELLIGIBLE).
Commissioner Carollo: Absolutely. And I'd like for counselor, if he could --
Mr. De Grandy: Yes, sir.
Commissioner Carollo: -- send to my office -- feel free to send to the other members
of the Commission as well -- what are your rates for the dry docks? How long of a
waiting list do you have?
Mr. De Grandy: Okay.
Commissioner Carollo: And what are your rates for the wet slips?
Mr. De Grandy: Rates for dry, wet, and waiting list. Yes, sir.
Commissioner Carollo: And I'm going to tell you why I'm asking your marina
specifically, because staff could play all kinds of games with me in getting different
rates from different parts, and I'm sure that some might want to look at the cheapest
so that what I'm going to be asking for is brought down; but to me, a marina like
yours, that is in City land -- we're leasing it to you -- is one of the most important
ones, because that's really going to give me true rates of market value. And if,
indeed, we're 50 percent or more under what the market is, then I'm going to make a
motion at the next meeting to either do one or two things: To instruct the Managers
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to raise rates, and they don't have to be all at one time; it could be spread through
two years, or I'm going to make a motion to put a Request for Proposal for the two --
Commissioner Reyes: Other marinas.
Commissioner Carollo: -- marinas that the City has --
Commissioner Reyes: Yes.
Commissioner Carollo: -- right now. The dry docks is part of this deal for you guys,
so obviously, we won't do that, because the City can't keep losing money like this,
and we're not talking a few pennies; we're talking somewhere in between four plus to
$5 million a year, which is my estimate. Mr. Assistant City Manager, I was supposed
to have gotten the market rates some time ago. The Budget Director has told me he's
been business, and I understand that, but I was supposed to have gotten this some
time ago. I would hope that, by Monday, I do get them.
Commissioner Reyes: And --
Vice Chair Russell: Okay, let's please complete the business at hand.
Emilio T. Gonzalez (City Manager): We'll get that to you.
Vice Chair Russell: We are tardy for the budget party. We have a motion on the
floor; there is a second. Is there any further public comment on this item?
Mr. De Grandy: May I respond very briefly?
Vice Chair Russell: Yes.
Mr. De Grandy: Commissioner Carollo, I thank you for those comments. I think the
Commission will be enlightened by those figures. I think you will find that the
problem of shortfall is not our side of the marina; it's the City's side of the marina.
And finally, just because this is a record proceeding, I want you all to understand
that the fact that I'm not responding to Mr. Dotson's comments do not mean that I
agree with any of them.
Vice Chair Russell: No (UNINTELLIGIBLE).
Commissioner Carollo: I understand that.
Later...
Commissioner Carollo: I have a statement to make, just for point of information for
all of you. It's a little piece of information that goes unnoticed, but we are sitting
here -- behind us, to the sides of us -- in the biggest marina in the whole State of
Florida, which is Dinner Key, so we need to get as much of it as we can. Frankly,
anybody that has a boat here is not starving, and before we look to raise fees or
taxes, or what have you, to the vast majority of residents, we need to make sure that
we're getting fair market value for assets like this that we have.
Commissioner Gort: Now, my understanding, real estate is location, location,
location.
Commissioner Carollo: Yep.
Commissioner Gort: And we have the best locations in South Florida.
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Commissioner Carollo: Sure.
Miguel De Grandy: One last point of clarification. The motion includes deferring
indefinitely 6 and 7, correct?
Commissioner Carollo: The --
Vice Chair Russell: It does not --
Commissioner Carollo: -- no, not indefinitely. It includes the deferment. You asked
for 60 days; you're getting a little more, until the end of November, the last day of
November.
Mr. De Grandy: Okay.
Commissioner Carollo: As long as you bring in the other 100, 000 that you offered --
Mr. De Grandy: Understood.
Commissioner Carollo: -- by tomorrow.
Mr. De Grandy: Understood, sir.
Commissioner Carollo: If not, the motion is off.
Mr. De Grandy: How would you like the check delivered?
Commissioner Carollo: Finance Director.
Chair Hardemon: Is -- would the mover and seconder be okay with --?
Commissioner Carollo: You want more money?
Chair Hardemon: Yeah, I want the amount of money that that gentleman stated on
the record, that you said that, you know, they're not in agreement with. Would the
mover and seconder agree to that?
Vice Chair Russell: What amount?
Commissioner Carollo: Hey, if he'll offer 500, 000 a month and they're offering 100,
I'll even consider going against the City Attorney's legal opinion.
Chair Hardemon: I mean --
Commissioner Carollo: Give her a heart attack. No.
Chair Hardemon: All right. Seeing no further discussion about the motion on the
floor, all in favor of the motion, say "aye."
Commissioner Carollo: Aye.
Vice Chair Russell: Aye.
Commissioner Gort: aye.
Chair Hardemon: All against? That -- include me as a "nay. " Motion passes.
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Commissioner Carollo: Please get that to me as soon as you can. Thank you.
Todd B. Hannon (City Clerk): For the record, I just have 4-1; motion passes.
Mr. De Grandy: Thank you.
NA.7 DIRECTIVE
4925 DIRECTION BY COMMISSIONER REYES TO THE INDEPENDENT
Office of the City AUDITOR GENERAL TO CONDUCT A FORMAL AUDIT OF ALL
Clerk CITY MANAGED MARINAS.
RESULT: DISCUSSED
Commissioner Reyes: I -- can I add to your request? I want to add to his request,
because there have been a lot of complaints -- and it's not that it is new -- that the
marina is not run by the City; that they are not being run efficiently. They're not
being run efficiently. And I -- what I would like to do is, I would like to have an
audit on how many slips we have; how many boats that are there, dry and wet; and
how many people are paying. You see? And what it is based on the current rates,
you see. How much money are we getting, and if we -- when we do the math and it
doesn't add up, then we will have to do a very, very in-depth audit and see what's
going on. Because I can tell you --
Vice Chair Russell: Commissioner, are you asking for a formal audit at this point,
or you just want information from the (UNINTELLIGIBLE) ?
Commissioner Reyes: No. I will ask for a formal audit.
Vice Chair Russell: Of which marinas?
Commissioner Reyes: City marinas.
Vice Chair Russell: All City -owned marinas.
Commissioner Reyes: All the City -owned marinas, because --
Commissioner Gort: (UNINTELLIGIBLE).
Commissioner Reyes: --from what I heard, we are not --
Commissioner Gort: You have it.
Commissioner Reyes: -- making enough money in those marinas.
Commissioner Carollo: I think the Commissioner wants to say, "City -run marinas. "
Commissioner Reyes: City -run ma -- no, no, no, no, not -- the ones that we have --
Vice Chair Russell: Dinner Key (UNINTELLIGIBLE).
Commissioner Reyes: That's it.
Vice Chair Russell: Understood.
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Commissioner Reyes: That's City -run marinas.
Commissioner Carollo: Which is two water marinas and one dry dock marina.
Commissioner Reyes: That's right. That's right.
Vice Chair Russell: Thank you very much. Is there any further public comment at
the motion on the floor? Hearing none, I'll close public comment. Anything else
from the dais?
Chair Hardemon: You know, we had public comment already earlier this morning.
Vice Chair Russell: On this item? You are -- He had a new motion that didn't exist.
This is not on the -- Mr. Chairman, this is not the item at hand. This is a pocket
resolution of Commissioner Carollo.
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NA.8 ATTORNEY-CLIENT SESSION
4926 UNDER THE PARAMETERS OF §286.011(8), F.S. A PRIVATE
Office of the City ATTORNEY-CLIENT SESSION WILL BE CONDUCTED AT THE
Clerk OCTOBER 11, 2018 MIAMI CITY COMMISSION MEETING. THE
PERSON CHAIRING THE CITY OF MIAMI COMMISSION
MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN
ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE
OF MIAMI ASSOCIATION OF FIRE FIGHTERS, LOCAL 587, OF
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OF
MIAMI, FLORIDA V. CITY OF MIAMI, CASE NO. BP -2018-001
(RELATES TO CR -2018-001 AND CA -2010-124), PENDING
BEFORE THE STATE OF FLORIDA, PUBLIC EMPLOYEES
RELATIONS COMMISSION, TO WHICH THE CITY IS PRESENTLY
A PARTY. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 10:00 A.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, JOE CAROLLO, AND MANOLO REYES; CITY
MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND
BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND
EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS
STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE,
ESQ.; AND MICHAEL MATTIMORE, 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.
RESULT: DISCUSSED
Victoria Mendez (City Attorney): And then you can just adjourn right after. Thank
you. Mr. Chairman and members of the Commission, pursuant to the provisions of
Section 286.011(8), Florida Statutes, I'm requesting that at the City Commission
meeting of October 11, 2018, an attorney-client session, closed to the public, be held
for purposes of discussing the pending litigation in the case of Miami Association of
Firefighters, Local 587, of the International Association of Firefighters in Miami,
Florida, versus City of Miami, Case Number BP -2018-011 (relates to CR -2018-001
and CA -2010-124), pending before the State of Florida Public Relations
Commission, to which the City 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 10 a.m., or soon
thereafter as the Commissioners' permits -- schedule permits, and conclude
approximately one hour later. The session will be attended by members of the City
Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell,
and Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; City
Manager, Emilio Gonzalez; myself, City Attorney Victoria Mendez; Deputy City
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Attorneys John E. Greco, Barnaby L. Min; Division Chief for Labor and
Employment, Kevin R. Jones; Assistant City Attorneys Stephanie Panoff and Barbara
Diaz; Luke Savage, Esquire, and Michael Mattimore, Esquire. A certified court
reporter will be present to ensure that the session is fully transcribed, and the
transcript will be made public upon conclusion of the litigation. At the conclusion of
the attorney-client session, the City Commission will be reopened, and the person
chairing the City Commission meeting will announce the termination of the attorney-
client session.
NA.9 ATTORNEY-CLIENT SESSION
4927 UNDER THE PARAMETERS OF §286.011(8), F.S. A PRIVATE
Office of the City ATTORNEY-CLIENT SESSION WILL BE CONDUCTED AT THE
Clerk OCTOBER 11, 2018 MIAMI CITY COMMISSION MEETING. THE
PERSON CHAIRING THE CITY OF MIAMI COMMISSION
MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN
ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE
OF WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL
ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. BP -2017-
013 (CR -2017-001), TO WHICH THE CITY IS PRESENTLY A
PARTY. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 10:00 A.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, JOE CAROLLO, AND MANOLO REYES; CITY
MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND
BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND
EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS
STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE,
ESQ.; AND MICHAEL MATTIMORE, 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.
RESULT: DISCUSSED
Victoria Mendez (City Attorney): Mr. Chairman and members of the Commission,
pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting that at
the City Commission meeting of October 11, 2018, an attorney-client session, closed
to the public, be held for purposes of discussing the pending litigation in the case of
Walter E. Headley, Jr., Miami Lodge Number 20, Fraternal Order of Police, Inc.,
versus City of Miami, Case Number BP -2017-013, CR -2017-001, pending before the
State of Florida Public Employees Relations Commission, to which the City is
presently a party. The subject of the meeting will be confined to settlement
negotiations and strategy sessions related to litigation expenditures. This private
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ADJOURNMENT
meeting will begin at approximately 10 a.m. or soon thereafter as the
Commissioners' schedules permit, and conclude approximately one hour later. The
session will be attended by members of the City Commission, which include
Chairman Keon Hardemon, Vice Chairman Ken Russell, and Commissioners
Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; City Manager, Emilio
Gonzalez; myself, City Attorney Victoria Mendez; Deputy City Attorneys John Greco
and Barnaby Min; Division Chief for Labor and Employment, Kevin Jones; Assistant
Attorneys Stephanie Panoff and Barbara Diaz; Luke Savage, Esquire, and Michael
Mattimore, Esquire. 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 litigation. At the conclusion of the attorney-client session, the City
Commission meeting will be reopened, and the person chairing the City Commission
meeting will announce the termination of the attorney-client session. Thank you.
Mr. Hannon: The meeting is --
The meeting adjourned at 7:46p. in.
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