Meeting Minutes

City of Miami

City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com

Meeting Minutes

Thursday, March 13, 2014

9:00 AM REGULAR

City Hall Commission Chambers

City Commission

Tomás Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes March 13, 2014

CONTENTS

PR - PRESENTATIONS AND PROCLAMATIONS

AM - APPROVING MINUTES

MV - MAYORAL VETOES

CA - CONSENT AGENDA

PH - PUBLIC HEARINGS

SR - SECOND READING ORDINANCES

FR - FIRST READING ORDINANCES

TIME CERTAIN

RE - RESOLUTIONS

BC - BOARDS AND COMMITTEES

DI - DISCUSSION ITEMS

PART B

PZ - PLANNING AND ZONING ITEM(S)

MAYOR AND COMMISSIONERS' ITEMS

M - MAYOR'S ITEMS

D1 - DISTRICT 1 ITEMS

D2 - DISTRICT 2 ITEMS

D3 - DISTRICT 3 ITEMS

D4 - DISTRICT 4 ITEMS

D5 - DISTRICT 5 ITEMS

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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE

Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 13th day of March 2014, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Gort at 9:02 a.m., recessed at 9:06 a.m., reconvened at 9:11a.m, recessed at 9:52 a.m., reconvened at 9:56 a.m., recessed at 12:17 p.m., reconvened at 3:01p.m, and adjourned at 5:28 p.m.

Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:04 a.m., Commissioner Suarez entered the Commission chambers at 9:10 a.m., Commissioner Carollo entered the Commission chambers at 9:13 a.m, and Commissioner Hardemon entered the Commission chambers at 9:14 a.m.

ALSO PRESENT:

Victoria Méndez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk

Chair Gort: Welcome to March 13, 2014 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission is: Marc David Sarnoff; Frank Carollo; Francis Suarez; and Vice Chair Keon Hardemon; and myself, Wifredo “Willy” Gort, Chairman. Also on the dais is the -- I got to change it -- Daniel Alfonso, welcome -- the City Manager; Victoria Méndez, City Attorney; and Todd Hannon, City Clerk. At this time, we'll have the prayer by myself and the pledge of allegiance by myself. Would you all please stand.

Invocation and pledge of allegiance delivered.

PRESENTATIONS AND PROCLAMATIONS

PR.1 PRESENTATION 14-00203 Honoree Presenter Protocol Item

Women's History Month Mayor and Commendations Commissioners/ Dr. Dorothy MCSW Board Bendross-Mindingall Juana Mantilla Joann Milord Dr. Kathleen Schrank Commissioner Katy Sorenson Dr. Ruth Ewing

Special Awards from the Commission on the Status of Women

Julia Tuttle: Presented in Memoriam to Frankie Shannon Rolle

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Trailblazers: Cornelia "Corky" Dozier and Asst. Chief of Police Anita Najiy

Appreciation: Gwendolyn Dixon

14-00203 Protocol Item.pdf

PRESENTED

1. Mayor Regalado and Miami City Commissioners presented commendations for Women's History Month to the following Miami Commission on the Status of Women Honorees: Dr. Dorothy Bendross-Mindrigall, Joann Milford, Dr. Ruth Ewing, Dr. Kathleen Schrank, Commissioner Katy Sorenson and Juana Mantilla for their outstanding contributions to South Florida by being women of character, courage and commitment for our community.

2. Miami Commission on the Status of Women Committee presented Special Awards for the untiring support and love of the community. The Julian Tuttle award was presented in Memoriam to Frankie Shannon Rolle; the Trailblazer award was presented to Cornelia "Corky" Dozier and Assistant Chief of Police Anita Najiy and a Special Recognition award was presented to Gwendolyn Dixon with Special Thanks to Betty Wright for gracing the event with her beautiful voice and presence.

Chair Gort: At this time, I would like to call Constance Wright -- Constance Gilbert to proceed with the program.

Presentations made.

APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: Do we have any minutes to approve although we don't have a quorum?

Todd B. Hannon (City Clerk): We do, but we do not have a quorum to vote.

Chair Gort: So we'll have to wait for the --

Later…

Chair Gort: At the same time, we need a motion on the minutes.

Commissioner Sarnoff: So move.

Vice Chair Hardemon: So move.

Chair Gort: It's been moved by Commissioner Sarnoff.

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo; any discussion? Being none, all in favor, state it

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by saying “aye.”

The Commission (Collectively): Aye.

END OF APPROVING MINUTES

MAYORAL VETOES

NO MAYORAL VETOES

Daniel J. Alfonso (City Manager): Good morning, Commissioner.

Chair Gort: Good morning.

Mr. Alfonso: Mr. Chairman. We are asking to defer --

Chair Gort: Wait a minute. Before we proceed, do we have any veto?

Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.

ORDER OF THE DAY

Chair Gort: At this time, Madam Attorney, you want to go with the --

Victoria Méndez (City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the Clerk's office. 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 Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed on line at wwwmiamigov.com [sic]. No cell phones or other noise-making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of 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.

Chair Gort: Thank you, ma'am. We're going to wait -- we have a lot of valuable women that we're going to recognize today, so I'd like to have the full Commission here as soon as possible so we can go ahead and proceed with the program. Just give us about five minutes and they should be here. Thank you.

Later…

Chair Gort: Somebody get that door. Does the Administration have any items they would like to pull?

Daniel J. Alfonso (City Manager): Yes, Commissioner. We have requested to defer DI.3, the FICA (Federal Insurance Contribution Act) alternative discussion.

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Chair Gort: DI.3.

Mr. Alfonso: DI.3. And FR.3 was identified on the agenda as an item that was going to be deferred.

Unidentified Speaker: FR (First Reading)?

Mr. Alfonso: FR.3. It was identified as such on the agenda.

Todd B. Hannon (City Clerk): Excuse me, Mr. City Manager.

Mr. Alfonso: Yes, sir.

Mr. Hannon: Can I -- -- if we're deferring, can I get a date for the deferral for DI.3 and FR.3?

Mr. Alfonso: To the next Commission meeting.

Mr. Hannon: Yes, sir.

Chair Gort: The deferrals are DI.3 and FR.3.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: Can we defer SR.1 to the next Commission meeting?

Chair Gort: SR.1. What's SR.1? Second reading; is this the park?

Commissioner Carollo: That's the parking, the parking issue. I think we pretty much had about a month to obtain some of the information that we requested, and receiving that information late afternoon yesterday or the day before, it's, I believe, unacceptable, so I think it should be deferred so we could have ample time to review the information that we requested.

Chair Gort: There's a request for SR.2.

Commissioner Carollo: It's SR.1.

Chair Gort: SR.1.

Commissioner Sarnoff: (UNINTELLIGIBLE) second.

Chair Gort: Well, he's asking for that. Is there a motion?

Commissioner Sarnoff: So move.

Chair Gort: There's a motion by him; second by --

Commissioner Carollo: Second.

Chair Gort: -- Commissioner Carollo. Any --

Commissioner Carollo: And that's for SR.1 and the -- whatever the Administration requested.

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Mr. Hannon: Chair, if I may, I can just go down the list real quick. Item DI.3 is going to be deferred to March 27; FR.3 will be deferred to March 27 --

Vice Chair Hardemon: Can you go slower, please?

Mr. Hannon: Yes, sir. DI.3 will be deferred to March 27; item FR.3 will be deferred to March 27 and item SR.1 will be deferred to March 27. I do have a motion and a second. Yes, sir?

Commissioner Sarnoff: So in other words, March 27?

Mr. Hannon: Yes, sir, March 27.

Commissioner Sarnoff: It's a joke.

Chair Gort: Okay, any further discussion? Anyone in the public would like to address this issue? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Chair Gort: Thank you.

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CONSENT AGENDA

CA.1 RESOLUTION 14-00077 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Procurement ASSIGNMENT OF BID CONTRACT 290252, FROM FLORIDA FLEET SERVICES, INC., TO DERBY ENTERPRISES, LLC, D/B/A DERBY PRODUCTS & SERVICES, FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, FOR THE PURCHASE OF AUTOMOTIVE OILS, LUBRICANTS AND GREASES. 14-00077 Summary Form.pdf 14-00077 Letter - Florida Fleet Services.pdf 14-00077 Letter - Derby Products.pdf 14-00077 Pre-Legislation.pdf 14-00077 Back-Up from Law Dept.pdf 14-00077 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0072

CA.2 RESOLUTION 14-00091 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED NOVEMBER 25, 2013, PURSUANT TO INVITATION FOR BID NO. 371323, FROM ALL POWER GENERATORS CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR MAINTENANCE AND REPAIRS OF EMERGENCY GENERATORS, ON A CITYWIDE, AS-NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00091 Summary Form.pdf 14-00091 Award Recommendation Form.pdf 14-00091 Bid Tabulation Sheet.pdf 14-00091 Corporate Detail.pdf 14-00091 Invitation for Bid.pdf 14-00091 Back-Up from Law Dept.pdf 14-00091 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0073

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CA.3 RESOLUTION 14-00099 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Procurement PROCUREMENT OF MEDICAL AND INDUSTRIAL GASES, FROM VARIOUS VENDORS, ON A CITYWIDE, AS-NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING MIAMI-DADE COUNTY BID NO. 7602-5/14, EFFECTIVE THROUGH JULY 31, 2014, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00099 Summary Form.pdf 14-00099 Miami-Dade County Award Sheet.pdf 14-00099 Miami-Dade County ITB.pdf 14-00099 Back-Up from Law Dept.pdf 14-00099 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0074

CA.4 RESOLUTION 14-00094 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "MIAMI DUI CHECKPOINT AND SATURATION PATROL OVERTIME PROJECT," AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT OF $120,000.00, TO PROVIDE FUNDING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. 14-00094 Summary Form.pdf 14-00094 Subgrant Application.pdf 14-00094 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0075

CA.5 RESOLUTION 14-00116 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN Fire-Rescue EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED

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IN SECTION 19-7(C) (2) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE FIREWORKS BEING DISPLAYED (FIRED) AT THE MARLINS OPENER, HELD BETWEEN 10:00 P.M. AND 11:00 P.M. ON MONDAY, MARCH 31, 2014. 14-00116 Summary Form.pdf 14-00116 Letter - Pyrotecnico.pdf 14-00116 City Code Sec. 19-7.pdf 14-00116 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0076

Adopted the Consent Agenda

Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

END OF CONSENT AGENDA

Commissioner Suarez: Consent agenda.

Chair Gort: Consent agenda.

Commissioner Sarnoff: I feel very consensual right now.

Commissioner Suarez: It's like a mediate -- open --

Chair Gort: Can I have a motion for consent agenda; do I have a motion?

Commissioner Sarnoff: So move.

Chair Gort: It's been moved by Commissioner Sarnoff.

Commissioner Suarez: Second.

Chair Gort: Second by Vice Chairman Hardemon; anyone in the public would like to discuss concern on the agenda? Seeing none, showing none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: PH.1.

Vice Chair Hardemon: And just in reference to -- Mr. Chairman, if I may? In reference to the pump stations on CA.2, I just wanted the community to be aware -- if you are watching, Belle Meade and the Overtown area -- that these pump stations will also be served with that, so please don't come banging on my door to discuss that matter. We will have that one taken care of.

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PUBLIC HEARINGS

9:00 A.M.

PH.1 RESOLUTION 14-00172 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM YEAR 2013-2014 Development FUNDS IN THE AMOUNT OF $47,419.00 FROM THE DISTRICT 5 CDBG PUBLIC SERVICE RESERVE ACCOUNT AND IN THE AMOUNT OF $24,934.00 FROM THE DISTRICT 3 CDBG PUBLIC SERVICE RESERVE ACCOUNT, FOR A TOTAL AMOUNT OF $72,353.00; ALLOCATING SAID FUNDS TO THE AGENCIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00172 Summary Form.pdf 14-00172 Pre-Legislation.pdf 14-00172 Back-Up from Law Dept.pdf 14-00172 Legislation.pdf 14-00172 Exhibit A.pdf

Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0077

Chair Gort: Yes, sir.

George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution allocating program year 2013-2014 public service funds, in amount of $47,419, to the following agencies -- and I just want to add here that the amounts have been modified, and I'm going to add additional agencies to that list. And the agencies are: FANM (Fanm Ayisyen Nan Miyami, Inc.), $30,000; De Hostos Senior Center, $10,000; Curley's House of Style, 7,419. And there is also an additional 24,934 that is a reserve account for District 3, and that is going to: Lotus House, $10,000; Southwest Social Services, $10,000; and Little Havana Activity Center, $4,934.

Vice Chair Hardemon: Can you explain to me the last part that you just read of the additional funds?

Mr. Mensah: Those additional funds are from District 3 Public Service Reserve Account.

Vice Chair Hardemon: Oh, I'm sorry. Thank you.

Chair Gort: Okay, anyone in the public -- this is public hearing -- would like to address PH.1; anyone in the public? Seeing none, showing none. Any further discussion?

Vice Chair Hardemon: I'd like to move it.

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Commissioner Carollo: Move -- second.

Chair Gort: Being moved by Vice Chairman and second by Commissioner Carollo. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: PH.2.

Todd B. Hannon (City Clerk): As modified.

Mr. Mensah: As modified.

Chair Gort: As modified, as modified.

PH.2 RESOLUTION 14-00079 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "PALM WAY SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14-00079 Summary Form.pdf 14-00079 Notice to the Public.pdf 14-00079 Memo - NET Office Notice.pdf 14-00079 Legislation.pdf 14-00079 Attachment 1.pdf 14-00079 Exhibit A.pdf

Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0078

Chair Gort: PH.2.

Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.2 is a resolution of Miami City Commission to accept the final plat of Palm Way Subdivision and also to authorize the City Manager to execute the related documents for his recordation. Palm Way Subdivision is in District 5 and it lies between Northeast 1st Avenue and 2nd Avenue, between 38th Street and 39th Street. Any questions?

Chair Gort: Thank you. It's public hearing; is anyone in the public would like to address PZ.2 -- PH.2?

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Steve Wernick: Good morning, Commissioners.

Chair Gort: Yes, sir, you're recognized.

Mr. Wernick: Steve Wernick, offices at 1 Southeast 3rd Avenue, here on behalf of the applicant, which is a Dacra controlled entity. This is in the Design District, and we are here for any questions that you may have.

Chair Gort: Thank you. Anyone else in the public? Seeing none, showing none.

Vice Chair Hardemon: So moved.

Chair Gort: It's been moved --

Commissioner Carollo: Second.

Chair Gort: -- by Vice Chairman Hardemon; second by Commissioner Carollo. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

PH.3 RESOLUTION 14-00207 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "JERSY", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14-00207 Summary Form.pdf 14-00207 Notice to the Public.pdf 14-00207 Memo - NET Office Notice.pdf 14-00207 Legislation.pdf 14-00207 Attachment 1.pdf 14-00207 Exhibit A.pdf

Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0079

Chair Gort: PH.3.

Nzeribe Ihekwaba: Good morning again. Zerry Ihekwaba, Public Works director. PH.3 is a resolution of the Commission to accept the final plat of Jersey plat and also to authorize the City Manager to execute the related documents for his recordation. Jersey plat lies between North

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Miami Avenue and Northeast Miami Court, between 16th Street and 17th Street in District 2. Any questions?

Chair Gort: Okay, thank you. Anyone in the public would like to address PH.3; anyone in the public? Seeing none -- oh, yeah, here we are. Okay.

Ryan Bailine: Good morning, Chair, Commissioners. Ryan Bailine with offices at 333 Southeast 2nd; here on behalf of the applicant if you have any questions. Thank you very much.

Chair Gort: Thank you. Anyone else? Okay, close the public hearings [sic]. Do I have a motion?

Commissioner Sarnoff: Is there a --? Second.

Vice Chair Hardemon: No.

Chair Gort: I need a motion.

Commissioner Sarnoff: We're on --

Mr. Ihekwaba: PH.3.

Commissioner Sarnoff: PH.3?

Chair Gort: PH.3.

Commissioner Sarnoff: So move.

Vice Chair Hardemon: Second.

Chair Gort: It's been moved by Commissioner Sarnoff; second by Vice Chairman Hardemon; any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

PH.4 RESOLUTION 14-00158 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE, FROM MORPHO TRAK, INC., OF UPGRADES AND MAINTENANCE FOR THE MORPHO TRAK LATENT WORKSTATIONS AND VERIFICATION WORKSTATIONS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $92,000.00 FOR UPGRADES AND ONE (1) YEAR WARRANTY; ALLOCATING FUNDS FROM ACCOUNT CODE 00001.191001.664000; AUTHORIZING SUPPORT AND MAINTENANCE DURING YEARS TWO (2) AND THREE (3), IN THE AMOUNT NOT TO EXCEED $29,590.00; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE DEPARTMENT OF POLICE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF

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NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PRODUCT SYSTEM AGREEMENT AND MAINTENANCE AND SUPPORT AGREEMENT WITH MORPHO TRAK, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE TERM INDICATED UNDER EACH RESPECTIVE AGREEMENT, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THESE AGREEMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY. 14-00158 Summary Form.pdf 14-00158 Notice to the Public.pdf 14-00158 Memo - Sole Source Finding.pdf 14-00158 Memo - Request for Sole Source Finding.pdf 14-00158 Legislation.pdf 14-00158 Exhibit.pdf

R-14-0092

Chair Gort: The -- we had a four-fifth.

Vice Chair Hardemon: Yes.

Chair Gort: Which one -- what time?

Daniel J. Alfonso (City Manager): PH.4, Commissioner.

Commissioner Suarez: Is that a supermajority? Just kidding.

Chair Gort: More or less. PH.4.

Commissioner Suarez: Super-duper majority. Now, let me ask something: Is three-fourths Commissioners the same as four-fifths? No, 'cause that's 80 percent versus 75 percent. And I -- thought about the math on that one, huh?

Pablo Velez (Procurement Supervisor): Good afternoon, Commissioners. PH.4 is a sole source item. It's requesting a finding of a sole source; waiving the requirements of competitive bidding for the purchase of the upgrades on the maintenance to the Morpho Trak System for the police latent workstations and verification workstations.

Chair Gort: Okay. It's a public hearing. Yes, sir, you're recognized.

Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am a City resident. And the other day I read something in the paper concerning a firm, also latent print that did business with the State, and there was some problems there. Is this the same people that did business with the State of Florida, or this is a different company? I want to know, because it came in the Herald just a few days ago. There was an article there concerning the latent print, and this is very important. You know, latent print got to do with court hearings and problems there. Is the resolution after people are arrested or people or the DNA (Deoxyribonucleic Acid) problems and all that. So it's very important that they -- we use the quality people that have no problems in their background there. Thank you.

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Chair Gort: Thank you. Yes, chief.

Manuel Orosa: Chief Manny Orosa, Miami Police Department. It is the same system. This is the same system that is used by the FBI (Federal Bureau of Investigations), FDLE (Federal Department of Law Enforcement), every state and federal law enforcement agency. This is the same system that is attached to NCIC/FCIC (National Crime Information Center/Florida Crime Information Center) for fingerprinting. This is the only system in the United States. We're stuck with this system, like everybody else. It's like Microsoft when they put out their new version of Windows --

Mr. Cruz: Right.

Chief Orosa: -- it has little bugs and little mistakes, and the upgrades is the ones that eventually starts fixing the problem. The difference between, for example, Microsoft and this is that Microsoft gives you free upgrades; you got to pay for these. This is -- what we're buying is the upgrades and the maintenance service for the machines and everything that goes along with that.

Chair Gort: Thank you, chief.

Chief Orosa: Okay.

Mr. Cruz: Okay, all right. I'm satisfied.

Chair Gort: Any further discussion?

Mr. Cruz: Okay, thank you.

Chief Orosa: Let me clarify one thing. The issue was with the bugs. It's not the issue of, for example, putting innocent people in jail. Because every time that we get a latent print that we put it into the (UNINTELLIGIBLE) machine, that machine will give us parameters as to a few names; those few names, whether 5 or 20. Then we have a latent print expert that looks at those 20 possible to come down to probably 1 or maybe no matches at all. Once that latent print examiners says, “Yes, I think this is the guy; I believe, based on my experience and history and everything, this is the guy,” it goes to another latent print examiner that verifies his work. So we have two humans looking at those prints of what the machine spits out.

Vice Chair Hardemon: May I?

Chair Gort: Thank you. Yes, sir.

Mr. Cruz: Thank you.

Chair Gort: You're recognized.

Vice Chair Hardemon: Sometimes the world comes around to you, because, of course, as a public defender, I dealt a lot with latent print examiners in the City of Miami and other police forces. My question for -- I saw in the -- I mean, for lack of better words -- the purchase agreement, whatever you were purchasing, it's a little bit more than just the software improvements. You had actually an additional two more workstations that you were purchasing for your latent print examinations. So with that being said, how many latent print examiners do you have? And then do you actually utilize your own expert latent print examiner, or do you use someone from the County?

Chief Orosa: We have one main latent print examiner supervisor. Underneath him, we have, I believe, five individuals; and then on top of that, we have contractuals that are latent print

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examiners that, for example, are retired from -- either from us or other agencies that they come in to do a lot of the grunt work for our latent print examiners so they don't have to be tied down to the grunt work; they just do the actual verifications for court purposes.

Vice Chair Hardemon: And your latent print examiner, is that someone that is actually employed by the City of Miami or is he employed by someone else and you contract with him?

Chief Orosa: No. They're employed by us.

Vice Chair Hardemon: So that makes it a total of about -- with this new purchase, of about how many latent print workstations?

Chief Orosa: We -- I believe we only have two and -- what we're buying is the updates and maintenance contracts so that when they break, it doesn't cost us an arm and a leg, because each machine is over $100,000.

Chair Gort: Okay, any further discussion? Being none, all in favor, state it by --

Todd B. Hannon (City Clerk): Chair.

Chair Gort: Yes.

Mr. Hannon: I do need a motion.

Vice Chair Hardemon: No motion. So moved.

Commissioner Carollo: Second.

Vice Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. All in favor, state it by saying "aye."

The Commission (Collectively): Aye.

END OF PUBLIC HEARINGS

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ORDINANCES - SECOND READINGS

SR.1 ORDINANCE Second Reading 13-01021 Miami Parking AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Authority 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY AMENDING SECTIONS 35-225 THROUGH 35-250 TO UPDATE THE DESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01021 Summary Form SR.pdf 13-01021 Legislation SR (Version 3).pdf 13-01021 Exhibit SR (Version 3).pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item SR.1 was deferred to the March 27, 2014, Planning and Zoning Commission Meeting.

SR.2 ORDINANCE Second Reading 14-00044 Department of AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-74, CONE OF SILENCE, TO RECOGNIZE THE EXEMPTIONS AND REQUIREMENTS OF SECTION 286.0113, FLORIDA STATUTES, AND TO EXCLUDE FROM THE CONE OF SILENCE PORTIONS OF MEETINGS HELD FULLY IN ACCORDANCE WITH THE PROVISIONS THEREOF; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00044 Summary Form SR.pdf 14-00044 Back-Up from Law Dept FR/SR.pdf 14-00044 Legislation FR/SR.pdf

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Chair Gort: PH.4, we need four-fifths vote, so we got to go to second readings. SR.1.

Daniel J. Alfonso (City Manager): SR.2. SR.1 was --

Chair Gort: Deferred.

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Mr. Alfonso: -- deferred. SR.2 is an ordinance. We were trying to get the City's Code to be equal to the State Code in terms of Cone of Silence, and particularly when vendors make presentations. We're trying to exclude that from the public domain so that vendors don't have an unfair advantage when making their presentations. It's making our Code equal to the City Code -- I mean to the State Code.

Chair Gort: Okay. This is second reading. Anyone -- open to the public. Is anyone in the public would like to address SR.2? Being none, showing none. It's an ordinance. Do I have a motion?

Commissioner Sarnoff: So move.

Chair Gort: Moved by Commissioner Sarnoff; second by Commissioner --

Vice Chair Hardemon: Commissioner Hardemon.

Chair Gort: -- Vice Chair Hardemon. It's an ordinance.

The Ordinance was read by title into the public record by the City Attorney.

Todd B. Hannon (City Clerk): Roll call on item SR.2.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 3-0.

Chair Gort: Okay.

SR.3 ORDINANCE Second Reading 13-01426 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 2/ ARTICLE II/ SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE", TO CLARIFY WHEN MEMBERS OF THE PUBLIC MAY SPEAK ON PROPOSITIONS BEFORE THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01426 Memo- Office of the City Attorney SR.pdf 13-01426 Senate Bill 50 FR/SR.pdf 13-01426 Legislation (Version 2) FR/SR.pdf

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Victoria Méndez (City Attorney): SR.3. Mr. Chairman, this is revising Section 2-33 of the City Code in order to allow for when the public will speak before this Commission. It's complying with provisions that were passed by Senate Bill 50, which clarified the process for allowing citizens to speak before the Commission, and that is just codifying it.

Chair Gort: Okay, thank you. RE.2 [sic], anyone would like to address --? Yes.

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Ms. Méndez: It's SR.3.

Chair Gort: (UNINTELLIGIBLE).

Ms. Méndez: SR.3.

Chair Gort: FR.3 [sic].

Ms. Méndez: “S.”

Chair Gort: Anyone in the public would like to address it? Being none, showing none, do I have a motion?

Commissioner Sarnoff: So move.

Chair Gort: It's been moved by Commissioner Sarnoff; second, Vice Chairman Hardemon. All in favor, state it by saying “aye.”

Todd B. Hannon (City Clerk): Chair?

Chair Gort: Yes.

The Ordinance was read by title into the public record by the City Attorney.

Mr. Hannon: Roll call on item SR.3.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 3-0.

END OF ORDINANCES - SECOND READINGS

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ORDINANCES - FIRST READINGS

FR.1 ORDINANCE First Reading 14-00078 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE I, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/IN GENERAL," BY AMENDING SECTION 50-1, ENTITLED "DEFINITIONS", TO ADD NEW DEFINITIONS; FURTHER AMENDING ARTICLE II/DIVISION I, ENTITLED "OPERATION OF VESSELS/GENERALLY", AND BY ADDING SECTION 50-42, ENTITLED "RESTRICTED AREA", TO ESTABLISH A SLOW SPEED-MINIMUM WAKE RESTRICTED AREA IN THE WATERS OF THE MIAMI MARINE STADIUM; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 14-00078 Summary Form SR.pdf 14-00078 Back-Up from Law Dept FR/SR.pdf 14-00078 Legislation SR.pdf 14-00078 Exhibit A FR/SR.pdf

Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. FR.1 is an ordinance to amend Chapter 50 of the Miami City Code to establish a slow speed -- excuse me -- minimum wake restricted area in Marine Stadium basin.

Chair Gort: Okay, it's a public hearing. Does anyone like to address FR.1? Chief, you're recognized.

Manuel Orosa (Chief of Police): Commissioners, on FR.1, I would ask the Commission to exempt the Police Department for compliance. We use the basin for training. We shut down the basin and use the marine patrol boats with our SWAT (Special Weapons & Tactics) team for the training. That's the only area where we have tranquil waters so the SWAT team can perform their water and underwater training activities.

Chair Gort: Have you guys talked to each other?

Mr. Torre: I have no objection.

Chair Gort: But I mean, have you guys talked to each other before?

Chief Orosa: No.

Mr. Torre: I've spoken to members of the staff, Commissioner.

Chair Gort: Yeah, okay, but one of the things before anything comes in front of us, I would like for you all to get together and come up with the solution for it.

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Mr. Torre: Okay.

Chair Gort: Okay. Thank you, Chief.

Vice Chair Hardemon: Madam Attorney -- Mr. Chairman.

Chair Gort: Yes.

Vice Chair Hardemon: So the modification, would it include the police or any public safety service, and would you put it under the exemptions, C-1-3? How would you do that?

Ms. Méndez: Between first and second reading, we'll get the proper language with regard to how to address it to deal with Coast Guard, let's say, or FBI (Federal Bureau of Investigation), or something like that.

Vice Chair Hardemon: Okay.

Ms. Méndez: And we'd add it in the “exemption” section.

Chair Gort: Thank you. FR.1, does anyone in the public would like to address FR.1? Seeing none, showing none.

Vice Chair Hardemon: So move.

Chair Gort: It's been moved by Vice Chairman Hardemon and --

Commissioner Sarnoff: Second.

Commissioner Carollo: Second.

Chair Gort: -- second by Commissioner Carollo. Discussion?

Commissioner Carollo: Discussion.

Chair Gort: Yes, sir.

Commissioner Carollo: Yeah, Mr. Chair, Commissioners, this is first reading, so I'm going to vote in favor of this in first reading. However, you know, between first and second reading, I would like to, you know, also speak with the marine industry groups; also with, you know, Florida Fish & Wildlife Commission and so forth, and see, because I understand as far as, you know, a minimum wake, or slow speed minimum wake; but I really haven't heard the reasons for it, so I would like to get more information on that, and speak with some of the, you could say, experts on this and see how much is needed or not. As you know, currently, we had some discussions with regards to the Miami River, so I -- before we enact an ordinance, I would like to get more information on this and meet with some of these groups. However, I will be supporting this in first reading.

Chair Gort: Okay. It's an ordinance.

Mr. Torre: Thank you.

The Ordinance was read by title into the public record by the City Attorney.

Todd B. Hannon (City Clerk): Roll call on item FR.1.

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A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on first reading, as modified, 4-0.

FR.2 ORDINANCE First Reading 14-00080 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF THE NORTH SIDE OF SOUTHEAST 1ST STREET BETWEEN SOUTHEAST 1ST AVENUE AND SOUTHEAST 2ND AVENUE AND SOUTHEAST 2ND AVENUE BETWEEN EAST FLAGLER STREET AND SOUTHEAST 1ST STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00080 Summary Form SR.pdf 14-00080 Notice to the Public SR.pdf 14-00080 Notice to City Departments FR/SR.pdf 14-00080 Back-Up Documents FR/SR.pdf 14-00080 Back-Up from Law Dept FR/SR.pdf 14-00080 Legislation FR/SR.pdf

Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: FR.2.

Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. FR.2 is an ordinance to amend Chapter 54 of the Miami City Code entitled “Streets and Sidewalks,” by amending Section 54-190 for nonstandard street widths in order to reduce the zone right-of-way street width of north side of Southeast 1st Street between 1st Avenue and 2nd Avenue, as well as Southeast 2nd Avenue between East Flagler and 1st Street. What we're trying to do here is to go back to the original configuration of these streets. Back in 1949, the City Commission had amended the right-of-way with Southeast 1st Street by allowing an exception on the north side of the street so that 12 and a half feet of the frontage could be reserved for perpetual easements, which is what created the arcade for Royalton Apartment Building, which is a historic building, as well as the City National Bank on 1st Street. Now, in order to make the frontage of Southeast 1st Street to be consistent and uniform, we are trying to make sure that the remaining infill developments will match the existing historic buildings for Royalton and the City National Bank on 1st Street. In other words, the infill development will preserve additional 12 and a half feet by shifting the right-of-way with -- back to the original configuration so that the frontage of 1st Street along that corridor will be uniform and consistent. Now, pedestrians will be able to traverse the right of way by walking within the arcade, and that will protect them from the elements, and that is one advantage we hope to derive by this amendment by returning to original configuration of the Code. On 2nd Avenue, Southeast 2nd Avenue between East Flagler and 1st Streets, what happened here is both the Olympia building, which is the Gusman Theater, and Walgreen buildings on 2nd Avenue are currently constructed to encroach into the public right-of-way. So the City at no point will be able to recover the right-of-way by preserving what we have today. Currently today, the streets are zoned 70 feet, but the existing conditions are actually up to 50 feet. So the remainder of the right-of-way is actually not recoverable, so we're planning to see if this passes today it'll convert the right-of-way back to 50 feet as it is right now, so we continue to preserve the right-of-way the way it is. So there are no changes physically;

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however, in our books in Public Works, the right-of-way will return to 50 feet. Now, one of the impediments to not passing of that Public Works with expediency, if this does not pass is that there is no way we can require any type of dedication at these streets. If you go on 2nd Avenue, both the Gusman Theater building, which is Olympia building, and Walgreens, they're historic buildings, so they are not going anywhere. On 2nd Avenue -- on Southeast 1st Street, rather, the Royalton Apartment is a national historic building, as well as the City National Bank, and both of them are not going anywhere. On the west side of 1st Avenue, we have Metromover, and it's not going to go anywhere soon. So it makes perfect sense, it's consistent with rational thinking, and the logic is sound that the City rezone the right-of-ways [sic] from the existing configuration of 75 feet from 1st Street to 50 only for the north side of 1st Street only, and also to return Southeast 2nd Avenue to the original configuration of 50 feet. I hope --

Chair Gort: Thank you.

Mr. Ihekwaba: -- that's well understood.

Commissioner Sarnoff: I'd like to make a motion, Mr. Chair.

Chair Gort: There's a motion by Commissioner Sarnoff.

Vice Chair Hardemon: Second.

Chair Gort: Second by Vice Chairman Hardemon. This is a public hearing. Is anyone in the public would like to address the issue? Seeing none, showing none; further discussion.

Commissioner Sarnoff: Yeah. First, Mr. Manager, I want to commend Zerry publicly. He took this issue on, and most of the time when I deal with your City staff, it's about a three- or four-month process of getting something done. I think this was about a 30-day process for Zerry, and he went out there right away; he looked at the issue that was concerning us and got this on an agenda. I think it took you all of 30 days, so from a Commission standpoint, I can't say enough about Zerry on this issue. From a good planning standpoint, this will, Mr. Manager, help historic preservation, 'cause it will bring arcades back and facilitate them. And from your standpoint, it will return some parts of what is public right-of-way back to a tax roll, which brings you more tax dollars. This is just, to me, a win-win for everyone. And certainly just want to put that on the record.

Chair Gort: Okay, the -- any further discussion? Being none, all in favor, state it by saying “aye.”

Todd B. Hannon (City Clerk): Chair --

Victoria Méndez (City Attorney): An ordinance --

Chair Gort: Oh, it's an ordinance.

The Ordinance was read by title into the public record by the City Attorney.

Mr. Hannon: Roll call on item FR.2.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on first reading, 3-0.

FR.3 ORDINANCE First Reading 13-01347

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Department of AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY CREATING SECTION 18-118, ENTITLED "PUBLIC-PRIVATE PARTNERSHIPS", AND BY CREATING SECTION 18-119, ENTITLED "UNSOLICITED PROPOSALS", TO CODIFY THE PROCUREMENT PROCEDURES TO BE USED FOR PUBLIC-PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS CONSISTENT WITH SECTION 287.05712, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01347 Summary Form SR.pdf 13-01347 Final Bill Analysis FR/SR.pdf 13-01347 State Statute 287.05712 FR/SR.pdf 13-01347 Legislation SR (Version 4).pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item FR.3 was deferred to the March 27, 2014, Planning and Zoning Commission Meeting.

END OF ORDINANCES - FIRST READINGS

RESOLUTIONS

RE.1 RESOLUTION 14-00092 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire-Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "EMS COUNTY GRANT #C2013 AWARD FISCAL YEAR 2013-2014", IN AN AMOUNT NOT TO EXCEED $37,970.00, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM FOR THE COUNTIES"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT LETTER OF UNDERSTANDING/AGREEMENT PER PAYMENT FROM THE STATE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY RELATED GRANT DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 14-00092 Summary Form.pdf 14-00092 Fund Title.pdf 14-00092 MDC Approval Letter.pdf 14-00092 State EMS County Grant Approval.pdf 14-00092 Legislation.pdf 14-00092 Exhibit.pdf

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R-14-0080

Chair Gort: FR.3 has been deferred. RE.1.

Joseph Zahalbran: Chairman, Honorable Commission, Joseph Zahalbran, deputy fire chief, Department of Fire Rescue. RE.1 is a resolution requesting the establishment of a special revenue project entitled “EMS County Grant.” This is in the amount of $37,970, and this grant will be expended by the Department of Fire Rescue to improve and expand our ability to deliver service to the citizens, enhancing both equipment and training in the area of emergency medical services.

Chair Gort: Thank you. Anyone in the public would like to address RE.1? Showing none; seeing none, discussions?

Commissioner Sarnoff: So move.

Chair Gort: It's been moved by --

Vice Chair Hardemon: Second.

Chair Gort: -- Commissioner Sarnoff; second by Vice Chair Hardemon. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

RE.2 RESOLUTION 14-00083 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), RATIFYING THE CITY MANAGER'S EXECUTION OF Program CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CITY OF MIAMI IMPROVEMENT PROJECTS LOCATED WITHIN FDOT'S RIGHT OF AWAY, AS DETAILED IN "ATTACHMENT A", ATTACHED AND INCORPORATED. 14-00083 Summary Form.pdf 14-00083 Pre-Legislation.pdf 14-00083 Legislation.pdf 14-00083 Attachment A.pdf 14-00083 Exhibit - Agreements.pdf

R-14-0081

Chair Gort: All right, RE.2. Thank you.

Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.2 is a resolution ratifying the City Manager's execution of various FDOT (Florida Department of Transportation) construction agreements for various projects, capital projects. One of them is for Brickell Avenue; one of them is for Bird Avenue; and one of them is for our trolley stops.

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Commissioner Sarnoff: So move.

Chair Gort: Okay, it's been moved by Commissioner Sarnoff.

Vice Chair Hardemon: Second.

Chair Gort: Second by Vice Chairman Hardemon. It's a public hearing. Is anyone in the public would like to address RE.2? Showing none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

RE.3 RESOLUTION 14-00081 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED NOVEMBER 19, 2013, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 13-14-003, FROM MAGGOLC, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE LUMMUS LANDING PARK (SEGMENT 2) STREET PROJECT NO. B-30643, IN THE AMOUNT OF $244,874.19, WHICH INCLUDES $222,612.90 FOR THE TOTAL BID AMOUNT, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $22,261.29, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $244,874.19; ALLOCATING FUNDS IN THE AMOUNT OF $244,874.19, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30643; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 14-00081 Summary Form.pdf 14-00081 Legislation.pdf 14-00081 Exhibit.pdf

Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez

R-14-0087

Chair Gort: RE.3.

Mark Spanioli (Director, Capital Improvements & Transportation): Good morning again, Commissioners. RE.3 is a contract award for the Lummus Landing Park Street Segment Project in the amount of $244,874 to Maggolc, Inc.

Commissioner Sarnoff: So move.

Vice Chair Hardemon: So move.

Chair Gort: Okay, it's been moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. It's a public hearing. Is anyone in the public would like to address this issue? Showing none; any further discussion?

Vice Chair Hardemon: No.

Chair Gort: Being none, all in favor, state it by saying “aye.”

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The Commission (Collectively): Aye.

Mr. Spanioli: Thank you.

RE.4 RESOLUTION 14-00101 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM IN AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR THE SEYBOLD CANAL DREDGING PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000,000.00 TO BE PROVIDED BY CAPITAL IMPROVEMENT PROJECT 40-B50643 AWARD 1431 STORM WATER UTILITY AND FUTURE STORM WATER UTILITY RECEIPTS OR OTHER AVAILABLE FUNDING SOURCES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, EXTENSIONS, AND THE ACCEPTANCE OF GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2014-2015.

14-00101 Summary Form.pdf 14-00101 Back-Up from Law Dept.pdf 14-00101 Legislation.pdf 14-00101 Exhibit.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon

R-14-0082

Chair Gort: RE.4.

Lillian Blondet (Director): Good morning. Lillian Blondet, Office of Grants Administration. RE.4 through RE.7 are resolutions related to applications to the Florida Inland Navigation District funding. Every year, we come for -- before the Commission to request authorization to apply and to allocate funding. The four projects require a 50 percent match funding allocation. With that in mind, RE.4 is a resolution of the Miami Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District Waterways Assistance Program, in an amount not to exceed $1 million, for the Seybold Canal Dredging Project; authorizing the allocation of the required matching funds, in an amount not to exceed $1 million, to be provided by Capital Improvement Project 40-B50643 Award 1431, storm water utility and future storm water utility receipts and other available funding sources; further authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreement and amendments, modification, extensions, and the acceptance of grant funds in the event of the award of the grant for fiscal

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year 2014-15.

Chair Gort: Okay, is there a motion?

Commissioner Sarnoff: So move.

Chair Gort: It's been --

Commissioner Suarez: Second.

Chair Gort: -- moved by Commissioner Sarnoff; second by Commissioner Suarez. Any discussion? This is a public hearing. Is anyone in the public would like to address this issue? Being none; showing none; all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: Okay, thank you.

RE.5 RESOLUTION 14-00102 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $75,000.00, FOR THE CONSTRUCTION OF THE DINNER KEY MARINA DINGHY DOCK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $75,000.00, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT 40-B30735 AWARD 1437; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2014-2015. 14-00102 Summary Form.pdf 14-00102 Back-Up from Law Dept.pdf 14-00102 Legislation.pdf 14-00102 Exhibit.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon

R-14-0083

Lillian Blondet (Director, Office of Grants Administration): RE.5: A resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District Waterways Assistance Program, in an amount not to exceed $75,000, for the construction of the Dinner Key Marina Dinghy Dock; authorizing the allocation of the required matching funds for 50 percent of the project cost, in an amount not to exceed 75,000, available under Capital Improvement Project

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40-B30735 Award 1437; authorizing the Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements and amendments, modifications and extensions, and the acceptance of grant funds in the event of the award of the grant for fiscal year 2014-15.

Chair Gort: Thank you. This is the public item; anyone in the public like to address this issue? Showing none, do we have any discussion among Commissioners?

Commissioner Sarnoff: I'll make a motion, Mr. Chair.

Commissioner Suarez: Second.

Chair Gort: Motion by Commissioner Sarnoff; second by Commissioner Suarez; any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

RE.6 RESOLUTION 14-00104 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $16,930.00, FOR THE INSTALLATION OF TIKI HUTS AT HISTORIC VIRGINIA KEY BEACH PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $16,930.00, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30174; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, EXTENSIONS, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2014-2015. 14-00104 Summary Form.pdf 14-00104 Back-Up from Law Dept.pdf 14-00104 Legislation.pdf 14-00104 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0084

Lillian Blondet (Director, Office of Grants Administration): RE.6: A resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District Waterways Assistance Program, in an amount not to exceed $16,930, for the installation of tiki huts at Historic Virginia Key Beach Park; authorizing the allocation of the required matching funds for 50 percent of the project costs, in an amount not to exceed $16,930, available under Capital Improvement Project B-30174; authorizing the City Manager to execute any and all necessary documents, in a form

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acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements and amendments, modifications, extensions, and the acceptance of grant funds in the event of the award of the grant for fiscal year 2014-15.

Chair Gort: Thank you. RE.6, anyone in the public would like to address RE.6? Showing none, do I have a discussion among Board Members?

Commissioner Suarez: Move it. Move it.

Chair Gort: Been moved by Commissioner Suarez; is there a second?

Commissioner Carollo: Second.

Chair Gort: Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

RE.7 RESOLUTION 14-00105 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $9,400.00, FOR THE INSTALLATION OF ENVIRONMENTAL EDUCATIONAL SIGNS AT HISTORIC VIRGINIA KEY BEACH PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $9,400.00, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30174; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2014-2015. 14-00105 Summary Form.pdf 14-00105 Back-Up from Law Dept.pdf 14-00105 Legislation.pdf 14-00105 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0085

Chair Gort: RE.7.

Lillian Blondet (Director, Office of Grants Administration): RE.7: A resolution --

Vice Chair Hardemon: Could you include me as an “aye”?

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Commissioner Carollo: No, that's “for.”

Commissioner Suarez: Yeah, I was going to say.

Vice Chair Hardemon: Yeah, that's “for,” sorry.

Commissioner Suarez: What's “aye”? What's “aye”?

Vice Chair Hardemon: I apologize. You're right.

Ms. Blondet: RE.7: A resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District Waterways Assistance Program, in an amount not to exceed 9,400, for the installation of environmental educational signs at Historic Virginia Key Beach Park; authorizing the allocation of the required matching funds for 50 percent of the project costs, in an amount not to exceed 9,400, available under Capital Improvement Project B-30174; authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application, the execution of grant or deed agreements and amendments, modifications, and extensions, and the acceptance of grant funds in the event of the award of the grant for fiscal year 2014-15.

Chair Gort: Thank you. Open to the public. Is there anyone in the public would like to address this issue? Seeing none, showing none; Board Members, any discussion, any motion?

Commissioner Suarez: Move it.

Chair Gort: Been moved by Commissioner Suarez.

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo; any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

RE.8 RESOLUTION 14-00073 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning and Zoning ATTACHMENT(S), SUPPORTING THE CREATION OF THE MIAMI WORLDCENTER COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY MIAMI WORLDCENTER GROUP, LLC, AND THEIR AFFILIATES AND SUBSIDIARIES ("DEVELOPER") FOR THE TWENTY-FIVE (25) +/- ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHEAST 11TH STREET, ON THE SOUTH BY NORTHEAST 6TH STREET, ON THE EAST BY NORTHEAST 2ND AVENUE, AND ON THE WEST BY NORTH MIAMI AVENUE, MIAMI, FLORIDA, WITH THE EXCEPTION OF THE PARCELS LISTED ON EXHIBIT "A" ("EXCLUDED PARCELS"), ATTACHED AND INCORPORATED; ENCOURAGING THE MIAMI-DADE COUNTY COMMISSION TO APPROVE A PETITION SUBMITTED BY THE DEVELOPER TO CREATE THE CDD CONSISTENT WITH THE DEVELOPMENT AGREEMENT.

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14-00073 Summary Form.pdf 14-00073 Pre-Legislation.pdf 14-00073 Back-Up - Executed Development Agreement.pdf 14-00073 Legislation.pdf 14-00073 Exhibit A.pdf

Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0086

Chair Gort: RE.8.

Daniel J. Alfonso (City Manager): Commissioners, RE.8 is a resolution creating a CDD (Community Development District) Development District in the area roughly where the old arena was. It is so these property owners can assess themselves to create additional infrastructure.

Commissioner Suarez: Move it.

Commissioner Sarnoff: Second.

Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any -- public hearing's open; anyone in the public would like to address RE.8? My understanding is Ryan Balke [sic].

Ryan Bailine: Bailine.

Chair Gort: Bailine. Sorry.

Mr. Bailine: Good morning, Mr. Chair. Ryan Bailine, offices at 333 Southeast 2nd. We're here this morning if you have any questions to answer them, and we appreciate the staff's support.

Chair Gort: Okay, there's a motion -- does anyone else in the public would like to address this issue? Board Members, do I have a motion?

Commissioner Suarez: We do.

Commissioner Carollo: You do.

Todd B. Hannon (City Clerk): Chair, Commissioner Suarez moved the item and Commissioner Sarnoff seconded it.

Chair Gort: Yeah. Okay, any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

RE.9 RESOLUTION 14-00139 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE MODIFICATION OF THE 2012-2014 COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC

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EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871. 14-00139 Summary Form.pdf 14-00139 Legislation.pdf 14-00139 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff

R-14-0088

Chair Gort: RE.9.

Amy Klose: Good morning, Chair and Commissioners. Amy Klose, director of Human Resources. RE.9 is a resolution ratifying modification of the CBA (Collective Bargaining Agreement) between Solid Waste Union and the City.

Commissioner Suarez: Move it.

Chair Gort: Thank you. Been moved by Commissioner Suarez; is there a second?

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo. Discussion; it's a public hearing. Yes, sir, you're recognized.

Joe Simmons: Yes. Joe Simmons, president of AFSCME (American Federation of State, County and Municipal Employees) Local 871, representing sanitation workers. This was culmination of a series of discussions, and I think this is good for the City and good for the employees. We ask you to support it.

Commissioner Suarez: Thank you.

Chair Gort: Okay, anyone else from the public would like to address this issue? Being none, Commissioners? Commissioner Sarnoff, you're recognized.

Commissioner Sarnoff: Thank you, Mr. Chair. As I did with the past, I'll do this consistently as I did in the former. The Florida Statute 215.425 simply doesn't allow us to give compensation, such as bonuses, to employees for past performances of services rendered. There are equally other interpretations in Florida -- for instance, the Office of Inspector General -- what I would cite to this Commission at 2012-0013, the Office of Inspector General, Palm Beach County, interpreting the Florida Statute, what I've just described to you, simply doesn't allow us to do what it is we're doing. Equally, you look in this, in the compensations articles for any of our unions, there is no provision for additional compensation or bonuses. You could call a rose any other name you wish, but a rose is a rose if by no other name. And simply put, this is not something that we can legally do. Now, it may be -- make good political sense to do, but it doesn't mean it's legally correct to do, and I would suggest to the Commissioners that there is different ways of achieving this, but bonusing our employees is simply not a way under the existing contract structure which they negotiated and we negotiated for would afford us a legal ability to do this.

Chair Gort: Thank you. Madam Attorney.

Diana Vizcaino: Good morning. Diana Vizcaino, on behalf of the Office of the City Attorney. Respectfully, Commissioner, this office stands on its legal opinion submitted on September 23,

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2013, in that this is a lawful action. This was the subject of collective bargaining and it was mutually ratified by the bargaining unit.

Commissioner Suarez: Mr. Chair, if I may?

Chair Gort: Thank you. Commissioner Suarez.

Commissioner Suarez: Thank you. I do defer to our counsel. As to -- I presume every action that we take is legal; I sincerely hope it is. And this for me is -- well, first of all, I think the employees deserve it, so let's start there. I think it's a little bit -- it's a situation that's difficult, because I know where this started. This started in the right place, and it's where it should have ended, and it didn't end there, unfortunately. So I think we're all left with a sense of frustration; I know I am. I'm sure my colleague to the extreme left, as I see him nodding his head, feels the same way. I still haven't fully digested, I guess is the word, what has transpired over the last few months in relation to the beginning of this effort. Maybe it was having a child. I don't know. But this discussion started in the right place trying to compensate our police officers appropriately for the job that they do in a -- probably the most challenging city to police, certainly in the State of Florida, and I would submit probably one of the most challenging cities to police in the country for a variety of reasons. So, you know, I think the employees deserve it. I think your employees deserve it. I think -- but I can't help but be left with a sense of frustration over how this began and why this hasn't concluded. So I don't know why I said all that, 'cause there's really no point in it. I mean, it doesn't really solve anything. It doesn't really get us anywhere. I just felt like I guess I had to unload; maybe it's the lack of sleep. But --

Chair Gort: I told you, for the next two months, you're not going to be able to sleep much.

Commissioner Suarez: But in any event, it's the only time that we get to talk about this in public, and I wanted you all to know how I was feeling about it, and certainly, in executive session, we can't discuss publicly, unfortunately, what we discussed there so -- or privately, for that matter. So I just felt like I had to put that out there anyhow.

Vice Chair Hardemon: Mr. Chairman.

Mr. Simmons: Thank you.

Commissioner Suarez: Your employees deserve it.

Chair Gort: Okay, Vice Chairman.

Vice Chair Hardemon: One of the things that I think that this agreement does is it puts the Waste employees on an equal playing field with those that are doing the similar type work in other arenas of the City of Miami, and when I read the item part number 2, what it says to me is that we're considering that for this fiscal period. We're considering the fact that for a very long time that they have not been on an equal playing field for people coming in doing the same types of jobs in public service here. So, I mean, I adamantly support this memorandum of understanding. And the negotiating periods or -- all of these agreements, I think, are difficult in nature, because we're making some very tough decisions. But one of the things that we have to do is we have to take care of those who take care of us and our City of Miami residents. And so to that, I applaud them for sticking it through, and I applaud them for providing a service that we greatly need within the City of Miami, and not compromising on it because you were not property compensated in the years past, so thank you very much.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Anyone else?

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Commissioner Sarnoff: Sorry.

Chair Gort: Yes, Commissioner.

Commissioner Carollo: Thank you, Mr. Chairman. I agree with Commissioner Hardemon. As a matter of fact, ironic enough, we were just speaking about, you know, the structures of pay and so forth just, you know -- what? -- an hour ago or maybe less with the City Manager, so that was part -- that's exactly what I was stating. It's about fairness. It's about, you know, different people doing the same job and same job description and getting paid different amounts, and that's unfair. So three quarters of this resolution addresses that, at least financially; and then, yes, there's another, let's say, quarter that deals with the one-time 2 percent. Therefore, in -- to be on the same page with our unions and have some type of compromise, I will be supporting this, because three quarters of it is just, plain and simply, fairness; therefore, I will be supporting this. And I understand what you're saying, Commissioner Sarnoff, but at the same time, you know, I think -- I don't know if it was a year or two ago -- we spoke about bonuses, and we spoke about -- you know, it's not necessarily a bad thing. In the private sector, it's done all the time, if it's done correctly. And I know we're not calling this a bonus. I'm not calling this a bonus. We're calling it a one-time payment. And if our City Attorney is saying that we can lawfully do that, listen, the dollar amount, relatively speaking, is rather small, so I can go ahead and vote for this, especially where three quarters is exactly what we were speaking about an hour ago, which was the structure and being -- fairness with all of our employees. Thank you.

Chair Gort: Thank you. Commissioner Sarnoff.

Commissioner Sarnoff: Yeah. Let me be clear, because if I could vote on this separately, I would vote for equal protection at all times. Everybody should be compensated the same if they're doing the same job; man, woman, race, creed, color, religion. That is not a component of which I have an issue with, particular, this article of the contract that's being amended. So let me just say, Mr. Simmons, if I could vote on this independently, Section 2 of it, I'd vote in favor of it. The problem I have is with the word “one-time pay,” which, if you look at the record before this Commission with regard to bonuses, the City Attorney will never be able to defend that record if we are sued. I've never knowingly cast a vote here before that I knew could get us sued with the record before us that is indefensible. Unfortunately, you know, I'm going to stick to my guns and I'm not going to cast a vote that if somebody were to challenge, we would just simply lose in court, and that's just my perception. Madam City Attorney and I don't agree on everything, but you have to look in a lawyer's eyes when they give you a recommendation, and when they're wincing, that should be like, yeah, we could do this maybe, and I don't even know that she has the “maybe” in there, but I understand why this is being done; it's good politics; it's just good -- it's good for us in a lot of ways. But again, Mr. Simmons and to my Chair and my other Commissioners, I would vote for Section 2 of this contract immediately. Want to bifurcate it, you'll get my vote. But as soon as you put the one-time bonus in there, I cannot support it.

Commissioner Suarez: Mr. Chair.

Chair Gort: Okay. Any -- yes, sir.

Commissioner Suarez: And I don't want to harp on that issue, because, you know, it's something that we've debated before, and we've had --

Chair Gort: Had two litigators.

Commissioner Suarez: Yeah, I think we've had some -- I think there may just be some philosophical differences of opinion as to whether employees should be motivated through the -- whatever you want to call it -- a one-time payment, et cetera. From my perspective -- and it's

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something that Commissioner Carollo and I have talked about a couple times -- fiscally, it makes sense to do it this way, because you're fiscally giving of what you have rather than what you don't have. And I think too often, this Commission or this government, I guess -- 'cause it's not just the Commission -- the Mayor presents the budget, et cetera, so he's part of the process -- too often, this government has given of what it doesn't have, and then we find ourselves in a tremendous hole. And I think from a perspective of being responsible, I think it makes a lot of sense to survey the landscape at the end of the fiscal year and say, “Okay, this is what we have. Now, from this, this is how we're going to kind of divvy the pot.” And I think, you know, we've often struggled, since I've been here, with trying to keep our employees motivated, given our economic climate, and I think what happened at the last Commission meeting, which I think is the subject of a discussion item -- and later on today, it might be; I'm not sure if it's going to be still -- is an indication of our inability to do that. Whether it's correct or incorrect, whether what happened was right or wrong, the fact of the matter is we have a large segment, an important segment of our government that's disgruntled. Whether they're -- whether that is justified or not, that's a reality, and I think we saw it in a very palpable forum at the last Commission meeting. So, you know, again, without getting into all the technicalities, I rely on our City Attorney, and I think, from a fiscal perspective, it's a good practice, and it's certainly deserved, and I think that's the key at the end of the day.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Thank you. Yes, sir.

Commissioner Sarnoff: And just to -- 'cause philosophically, oftentimes, even sitting to the left now, I'm on the same page with you guys. I actually do agree with you; philosophically, that is the way we should be compensating our employees. So on a philosophy principle basis, I agree with you. However, the law or “la ley” is the law, and the law says: “The payment of bonus to existing employees for services they have already performed and been compensated for would violate Section 215. No extra compensation shall be made to an officer, agent, or employee, or contractor after the service has been rendered. 'Extra compensation' generally refers to additional payment for services performed, or compensation over and above that fixed by contract or by law when the services are rendered.” Our contract doesn't have a provision that affords for bonuses, and that's my concern.

Commissioner Suarez: Wait. You said something there, “above and beyond what's” --

Chair Gort: Excuse me, excuse me. Let's keep it in order, please.

Commissioner Suarez: Okay.

Vice Chair Hardemon: Thank you very much, Mr. Chairman. When I consider the legality of the situation, I do defer to our City Attorney, and I believe that there'll be times that I may disagree with our City Attorney. In this case, I don't necessarily disagree with our City Attorney. Even when reading the language of Part 2, the -- it does not read anything that talks about it being a past -- a benefit for a past service that has been rendered. So even considering -- so the one thing -- I mean, it seems to be that the 2 percent pay supplement is that adding to the income of that employee from this point forward is not given because they did a good job on their -- from past services and things of that nature, and that may be where the City Attorney is getting its -- and their shaking their head “yes” on that side. And considering that -- in law, there's always something that distinguishes one thing from the next, and I think that that is a major distinguishing factor that you're paying for future services. You're adding onto the salary for someone for the rest of the year as compared to giving them compensation for something that they previously did. So with that being said, I support it.

Chair Gort: Okay.

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Commissioner Suarez: Mr. Chair, if I may.

Chair Gort: Yes, sir, you're recognized.

Commissioner Suarez: Thank you. And I apologize for jumping in. I just heard something that he said in the definition, and as a lawyer, you kind of want to see --

Chair Gort: Oh, I know. We have three lawyers here so --

Commissioner Suarez: You want a carpe diem. You want to seize --

Chair Gort: (UNINTELLIGIBLE), yeah.

Commissioner Suarez: -- the day, but I wanted to seize the moment. He said something, “above and beyond as fixed by contract,” in his definition of what a bonus was. And if you want to read that back, Mr. -- Commissioner Sarnoff, you said, “above and beyond as fixed by contract”; am I --?

Commissioner Sarnoff: “No extra compensation shall be made to an officer, agent, employee or contractor after the service has been rendered”; that's one section. “'Extra compensation' generally refers to an additional payment for services performed or compensation over and above that fixed by contract or by law when the services are to be rendered.”

Commissioner Suarez: And that's precisely what I'm saying. This is being fixed by contract, and so the payment is not above and beyond what is fixed by contract, 'cause this is being fixed by contract, and I think that is what makes it distinguishable from your definition. Thank you.

Commissioner Sarnoff: And --

Chair Gort: My question --

Commissioner Sarnoff: Can I just go on?

Chair Gort: -- this takes place during a labor negotiation; am I correct?

Ms. Vizcaino: That is correct, Mr. Chairman. This was the subject of collective bargaining pursuant to a wage reopener with the Solid Waste --

Chair Gort: Thank you.

Ms. Vizcaino: -- AFSCME 871 Union.

Chair Gort: Thank you.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Yes, sir, you're recognized.

Commissioner Sarnoff: And just so my colleague knows, Section 7, again, of that -- of Florida Statutes -- notwithstanding the prohibition against extra compensation set forth in 215.425: “The governing body of a municipality may provide for extra compensation program, including a lump sum payment program, to reward outstanding employees whose performance exceeds standards if the program provides that a bonus payment may not be included in an employee's regular base rate of pay, and may not be carried forward in subsequent years.” Now, ask

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yourself this question: Have we established those standards?

Commissioner Suarez: And I would answer that question very easily, if I may, Mr. Chair, as --

Chair Gort: Sure.

Commissioner Suarez: The answer to that question is, obviously, “no”; in other words, we are not traveling under that provision, clearly. I think we're traveling under the prior provision, in other words, you know -- and again, I don't want to muddy up the record any more than it already is, and I don't know if you're trying to lead me down that path, but I would say we're not traveling under that provision. I would say we're traveling under the prior provision. So I understand if we were to be traveling under that provision, then those prerequisites would need to be met, certainly, and I don't think they're met in this particular case. But I think we're traveling under the prior provision which says that you cannot compensate above and beyond what is fixed by contract. And as the City Attorney explained, this is a contractual reopener that they reopened and that we negotiated, and then we are now amending the contract based on that reopener. I mean, I think it's --

Chair Gort: Thank you.

Commissioner Carollo: Mr. Chairman.

Commissioner Suarez: -- that simple.

Chair Gort: Yes, sir.

Commissioner Carollo: Can we travel towards a vote?

Commissioner Suarez: Thank you.

Chair Gort: Yes.

Commissioner Suarez: Sorry about that.

Chair Gort: Call the question. All in favor, state it by saying “aye.”

Vice Chair Hardemon: Aye.

Commissioner Carollo: Aye.

Commissioner Suarez: Aye.

Chair Gort: Aye.

Commissioner Sarnoff: No.

Commissioner Suarez: Really?

Chair Gort: One “no.” Okay.

Mr. Simmons: Thank you.

Chair Gort: Thank you.

Commissioner Suarez: Thank you.

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RE.10 RESOLUTION 14-00220 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION CONDEMNING THE Commissioner Frank VENEZUELAN GOVERNMENT FOR USING VIOLENCE AND INTIMIDATION Carollo AGAINST ITS POLITICAL OPPOSITION; EXPRESSING SUPPORT FOR THOSE VENEZUELANS WHO ARE VALIANTLY FIGHTING TO RESTORE THEIR NATION TO A PEACEFUL AND DEMOCRATIC STATE; URGING THE FEDERAL GOVERNMENT TO TAKE IMMEDIATE DIPLOMATIC ACTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL MEMBERS OF THE FLORIDA CONGRESSIONAL DELEGATION, THE UNITED STATES SECRETARY OF STATE, THE UNITED STATES AMBASSADOR TO THE ORGANIZATION OF AMERICAN STATES, AND TO THE MEMBERS OF PRESIDENT OBAMA'S ADMINISTRATION. 14-00220 Legislation.pdf

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0089

Chair Gort: RE.10.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: RE.10 is a resolution that I am bringing before this Commission.

Chair Gort: Mm-hmm.

Commissioner Carollo: And Commissioners, I understand our role as a local government very well, and as you know, it is unusual for me to make any suggestions to our Federal government. However, we are in a unique position. If we truly are the gateways to the Americas; if Miami is truly a melting pot, then we should stand in solidarity with our Venezuelan neighbors and stand up for the values that we all share, which is liberty, democracy, and the right for free speech. It is intolerable that Venezuelan students and protesters are dying every day in pursuit of freedom. And let me be clear, this is not a Democrat issue; this is not a Republican issue. This is a human rights issue. We cannot turn a blind eye on the struggle of our Venezuelan neighbors. Therefore, I ask that you support this resolution to urge the Federal government to take immediate diplomatic action against the Venezuelan government.

Commissioner Suarez: Second for discussion.

Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. Commissioner Suarez, you're recognized.

Commissioner Suarez: I agree with the Commissioner. I think we, as a government, as a representative body that represents a tremendous amount of Venezuelans that are living outside of their native country, many of which are living outside of their native country for the same reasons that our family members are living outside of their native country -- and when I say “our family members,” I mean all our family members on this dais, no matter where you come from; particularly the ethnic composition of every single member of this dais, their forefathers were discriminated against in one shape, or form, or another, and were persecuted in one shape, or

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form, or another, and I think it's the responsibility of this government to act rather than not -- than to be silent. I wish -- as Commissioner Carollo just said, I wish that the Federal government would pay more attention to us, because we've tried in a variety of different contexts to get them to do very reasonable things.

Commissioner Carollo: Mr. Chairman --

Later…

Chair Gort: Yes, Commissioner Carollo.

Commissioner Carollo: And just real quick, I want to point out that just this Tuesday -- and that's why I'm saying this now, a Democrat issue, a Republican issue -- the Senate Foreign Relations Committee unanimously passed a resolution for sanctions against the administration of the Venezuelan government, and it was sponsored, I believe, by a Democrat, Senator Robert Menendez, and a Republican, Senator Marco Rubio, so -- and that passed unanimously.

Chair Gort: Thank you. Yes, ma'am; it's a public hearing, so you're recognized.

Jessica Armado: Yes. I would like to thank, first of all, Commissioner Frank Carollo and the Mayor, Tomás Regalado, and all the Commissioners that have supported the Venezuelan people. We really appreciate your efforts. I'm here to represent the Venezuelan students, and our organization, which is called Freedom Cuba, Venezuela. It's an organization that was -- that's based in Doral, Florida, and it's mainly composed of Cuban and Venezuelan students. To this organization, Councilwoman Bettina Rodriguez Aguilera has served as a mentor, and she's here supporting us, as well. I just wanted to let you know that last year alone, 25,000 people died in the hands of the government, and these crimes remain unpunished. This is more deaths than the Iraq war. It's an alarming issue. Venezuela is going through a social, political, and economical crisis that needs to be looked at. And I would like to add something else. I would like to ask -- to thank Senator Marco Rubio and Senator Robert Menendez for -- and all the congresspersons, and all the senators that have supported us, especially in the resolution that was passed yesterday, which applied sanctions to the human right violators in Venezuela. Thank you very much.

Chair Gort: Thank you. Yes, sir, you're recognized. Bettina, councilwoman.

Bettina Rodriguez Aguilera: Well, thank you so much, Honorable Commissioners. I do appreciate all of you taking this into consideration. As you know, Doral is the number-one city in the United States that has the most Venezuelans, and as she was saying, on the 22nd, there was a rally in Doral; 25,000 people went in only three days. But that same day, we had the Cuban memorial where around 10,000 Cuban political prisoners went that had spent 20 and 25 years. And I'm basically trying to assist them so we do not have a duplication of 55 years of the Cuban community being struggling for their freedom, and now it has been 15 years that the Venezuelan community is also doing the same thing. So thank you very much, and I hope that this resolution does pass, and every city that does something like this will send a very strong voice. I just would like to add that we are in constant communications with the students of Venezuela. And one of the things that is so hard for them is that there are so many Presidents around the world that have not made themselves be known that they are against this atrocity. So this vote that you give today will -- is a symbolic vote for them to know that you do care, and that you stand for human rights. Thank you very much.

Chair Gort: Thank you. Anyone else? Being none, we'll close the public hearings. Any further discussion? Well, I think people here in Miami are aware of all that's taken place. I mean, we been here 55 years as kids, as we were young, doing the same thing you guys doing, so we going to be -- support you, at least personally, this Commissioner, and myself, and every one of us is

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going to support the -- what the students are doing not only here, but over in Venezuela. And I think the information today, with social medias we have today, I know you all are using it very smartly, and that's very important. Thank you all. Any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Commissioner Carollo: Thank you, Commissioners.

RE.11 RESOLUTION 14-00209 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning and Zoning ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR DEVELOPMENT OF AN INTER-CITY PASSENGER RAIL STATION AND INTERMODAL CENTER WITH MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ALL ABOARD FLORIDA PROJECT. 14-00209 Summary Form.pdf 14-00209 Legislation.pdf 14-00209 Exhibit.pdf

Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0091

Chair Gort: RE.11.

Francisco Garcia: Good morning, Mr. Chairman and Commissioners. Francisco Garcia, Planning & Zoning director. RE.11 is before you today as a resolution authorizing the City Manager to execute an interlocal agreement with Miami-Dade County for the development of an intermodal center and railway station, a passenger railway station. We have reviewed the documents attached, and we are certainly recommending approval of it. I will describe it briefly by saying this: This will basically have the result of taking the entire parcel where the All Aboard Project is intended to take place and assigning it the RTZ, or Rapid Transit Zoning, which is under the County's Code. The City will retain the ability to participate in the review of this project, and it is, I think, also fair to say that the regulations that have been put in place for the development of this station mirror very accurately those which are presently in place for the area, and it is for this reason that we think that the resulting development will be very much in keeping with and compatible with development around that in the downtown area. I'll be happy to answer any questions.

Chair Gort: Okay, this is a public hearing. Vicky Garcia-Toledo, you're recognized.

Vicky Garcia-Toledo: Good af -- actually, good morning. Vicky Garcia-Toledo with the law firm of Bilzin Sumberg. I'm joined here by Javier Aviño, my partner, as well as Mr. Rafael Rodon, on behalf of our client, All Aboard Florida. We're here to answer any questions you may have.

Commissioner Suarez: Move it.

Commissioner Carollo: Second.

Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo.

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Question: My understanding, my office has and myself has a couple of questions. I don't know if any Commissioners --

Vice Chair Hardemon: I do.

Chair Gort: Commissioner.

Vice Chair Hardemon: Well, I have a concern. Part of my concern is that I can see that this document was created to maintain some type of participation for the City in the approval of the zoning and such for this project through the County. The first proposal that we received, in a sense, put the City in a position where we did not have an effective voice on there, because the County had more votes than what we did. This to me -- and I don't know the other Commissioners' position on this, and I'm certainly willing to hear it. But it creates some sort of -- almost like a full-power structure for me when I read through this agreement. And how is this? Part of the recommendation -- we -- the City has three people that can vote on this RTDIC (Rapid Transit Development Impact Committee) Committee, and if there is not an agreement of those three people, then the recommendation of that committee would be for denial. Now, that's cute, but what -- the problem for me is just because there's a recommendation of denial from that committee does not mean that the County, as a whole, cannot approve the measure going forward. So I'm not put at ease where when we consider our Miami 21 zoning laws, and we consider what project that All Aboard would be moving forward with, where we have definitely at that point input that we can make at that time as to the structure that they're putting forward before us on our property -- well, I won't say “on our property” -- on their property but within our City limits -- as compared to if we give this power to the County -- and I don't think that the County has always done things in our favor -- but if we do things for the -- if we give our powers to the County, even with that participation, it may just be a song and dance, because at the end of the day, the County can make their approval through their zoning, which, from what I understand, differs from the City of Miami's zoning, because we created Miami 21 to do something a little bit different than what the County was doing at that point. So those are my concerns, and can you address that for me, please?

Mr. Garcia: I'm happy to try, Commissioner. And so we've shared those concerns, as well, and we parted with jurisdiction over this land begrudgingly, because we take great pride in our zoning regulations, and we think they serve us rather well. But I will tell you this: The function of that committee that has been created, it really is indispensable in the entire review and approval process, and I'll tell you two reasons why. In the first place, the proposal will go through that committee and will be reviewed thoroughly through that committee. And clearly, as the meetings take place, the design will begin to evolve in an effort to obtain the recommendation for approval of that committee. In other words, the developer is going to engage in this process in an attempt, in earnest, to obtain a recommendation for approval, because the developer has every reason to believe -- as happens here before this body, as well -- that with a recommendation for denial, then the project exposes itself unnecessarily and becomes vulnerable. So on the one hand, I'd like to place some significant value on the contribution this committee will make towards the final approval of the process -- of the project. That said, it will then, of course, go to the County Board of Commissioners, and they have the last word. And in that particular regard, yes, in fact, the City is basically ceding ultimate authority to the County. Let me point out just factually that that is -- that control comes with a necessity to integrate the railway station with the existing Metrorail passenger system, and the County will have inevitably -- that is the case today -- control over the technical aspects of the project. If that is the case, and if it is the case that the City were to retain the control over the aesthetic components of the project, the schism would be so great that the project would really become very difficult to sort of traverse the permitting process. We think -- and we've given this plenty of thought -- that this structure that has been created serves our purpose, as well, to both have a very strong say -- right -- in the process that will greatly influence the overall aesthetic design of the project. And I think that they are very willing to comply with that, because I think they understand it is to their

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benefit to comply with that. But ultimately, I also have to share with this Commission the technical aspects of the proposal are ultimately always under the County's jurisdiction; they are now and they will continue to be. And that's the best answer I can give you, I think.

Vice Chair Hardemon: May I ask a follow-up question briefly?

Chair Gort: Yes, sir, go ahead.

Vice Chair Hardemon: All Aboard, I mean, one of the largest companies in the State of Florida, so they are doing this type of structure not only in Miami; of course, there are other stops in other cities. Has this type of agreement been reached or has it been necessary -- has it been reached and has it been necessary in other cities where they're proposing this type of change or this type of agreement?

Mr. Garcia: The -- what triggers the requirement for this particular arrangement is the fact that there is sort of dual jurisdiction.

Vice Chair Hardemon: No, I understand that.

Mr. Garcia: Right.

Vice Chair Hardemon: So what I'm asking, is there any other place -- and that could be in West Palm Beach, could be in Orlando -- that this type of agreement is necessary?

Ms. Garcia-Toledo: Yes, in Orlando, because like similar to the situation here -- and I almost need to give you a little bit of background. The RTZ zoning of the County over all the municipalities in Dade County was established back in 1979, early '80s. And so this particular land, as it stands today, is zoned RTZ, and it's within the County jurisdiction for approximately two-thirds of the entire site.

Vice Chair Hardemon: Right.

Ms. Garcia-Toledo: It is the remaining one-third that is with -- is zoned T6-80 under Miami 21. So when we did the first analysis, we found that we had a split jurisdiction, and that it would be impossible to do one single project under two separate sets of law, so that's what started us looking at this. Also --

Vice Chair Hardemon: And you just stated something that caught my attention, because part of my discussion with this was -- and I apologize, Mr. Chairman, if I was out of line -- that it is not impossible for this project to be completed under two different zoning processes, so what you stated was it is an impossibility; is that what you mean?

Ms. Garcia-Toledo: I think it would render it almost undoable, because you have two sets -- you have one building that has to respond to two completely sets of law. But more important, the actual rails is a very highly technical issue. No one in the County or the City staff has ever built a railroad station before. Most of the technical requirements for that railroad station are controlled by the Transit Department at the County in its totality, because these rails, these four rails that are coming in are going to connect to Metrorail platforms so that there is a single relationship or connection between the four lanes of railroad and the Metrorail station at the County. Also, as the rails are coming north to south, once they go past 395, they will start to elevate; one, not to block the streets in the downtown core; and two, so that by the time it gets to the station, the platform for Metrorail and the new rails for the railroad system are connecting. Any time that a project -- even a private non-transportation project -- comes within a certain distance of Metrorail or Metro Mover, which are County-owned assets funded by Federal law and governed by those Federal regulations, the Transit Department is the one that has to review

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the plans, approve the plan, inspect during construction, and ultimately operate, continue to operate. The County is also the legally authorized and responsible transportation entity for the entire county. And so going back to your original question, the station in Orlando is within the confines of the Orlando Airport, so it was the Orlando Airport that took the jurisdiction because of the location and the position of the airport in doing that station. So, yes, it's very similar; different set of legal documents, but a very different -- a very similar situation to what we have here.

Chair Gort: Thank you. Yes, sir.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Yes, sir.

Commissioner Sarnoff: I guess because this is primarily in my district, I've been dealing with Ms. Garcia-Toledo, Alice Bravo, and actually Mayor Gimenez on this issue for some time, and I think what concerned me most was the aesthetic of what the property would look like; not how it functioned, 'cause I didn't think we were -- I think she's right -- we're not extremely well -- well, I don't know any of us that have experience in rail here so -- but on the other hand, I'm not a blind -- I don't think anybody else here is either. You go downtown and you look at the ugliest buildings, and who are they? The County. And they just don't seem to get their aesthetics well, or either they don't consider them or -- it's hard to say with the exception you're building a nice courthouse now. I got to admit, the Children's Courthouse is very nice; good job. But if I was to say one out of eight buildings is -- would even come close to a Miami 21 standard, so I got Francisco Garcia and Alice Bravo involved, and I think they begrudgingly ceded some jurisdiction in a document to the County, but I got to admit, Ms. Garcia-Toledo -- maybe I should have read more carefully like I did the bonus issue, and maybe I should have been more careful, 'cause I thought I had some pretty good people involved -- the agreement that we reached verbally was that the City had to be onboard with the aesthetics of the building. But what I'm hearing today and Commissioner Hardemon points out, well, if the City's not onboard, 'cause it has to be unanimous, don't worry about it; you can do an over-vote at the County. And that was never discussed, so I feel like I really let down my client here, sort of like the City Commission, because -- I didn't look at the documents carefully, but was told, “Don't worry, Commissioner, the documents are such,” you know. And when you have a Bravo and a Garcia saying, “I'm comfortable,” to me, that carries a lot of water for me. And now, for Commissioner Hardemon to put out that -- I think I'm hearing this correctly -- if there is a stalemate, 'cause I guess -- let's say all three of the City people say, “The aesthetics are not satisfactory to me,” and you being the good lawyer that you would be would then say, “Well, I'm going to use my appellate procedures; I'm just going to go to the County for an over-vote.” That was never discussed.

Ms. Garcia-Toledo: If I may address that question.

Commissioner Sarnoff: Sure.

Ms. Garcia-Toledo: And thank you for your statement. Actually, what occurs is that the ordinance at the County has -- the County's Zoning Code has been amended --

Commissioner Sarnoff: Mm-hmm.

Ms. Garcia-Toledo: -- and it's being amended consistent with this interlocal. And is -- the amendment section is attached as an exhibit to your interlocal, and it calls for the fact that there has to be concurrence on the design of the project, because legally, you cannot deny appellate rights, and you're absolutely right, then should the City of Miami -- or should there not be concurrence in the recommendation that is sent to the County Commission, if the City is not in agreement, it would go as a recommendation of denial. So that changes completely the level of

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-- And the reason for that is that the way that the County Commission -- I'm sorry -- the Zoning Code for the County would approve this process is as follows: There would be a series of preliminary meetings between the RTCDIC [sic] and the architects to come together in the design. And remember, we're talking about the technical rail inside. It is this fabric, this veil, what will hug the building that will be created; that is the issue of the design. And so the committee, with the three members from City, will have the input with the architects and the design. Ultimately, that design will be submitted as a special exception application, 'cause it does have to go through Zoning and public hearings. Ultimately, that application for special exception will be reviewed by the RTCDIC [sic] with the three members from staff. They will either find concurrence, and redesign, until we obtain that concurrence, or if there's an absolute deadlock -- that I can't imagine how it would happen -- as long as the City does not agree, it will be a denial of that zoning application. We're still in a zoning process, Commissioner, and so we cannot alter the overall law of the County. But then when it goes to public hearing in front of the County Commission, it will come with a recommendation of denial, and there will be a public forum for -- God forbid that the City doesn't agree with it -- to continue to advocate to the County on this issue. Let me also say that the -- that this is not a County project. This is a private project, private owner, private land, and certainly, private funding. So the best architect -- one of the best architectural firms in the United States is being brought in to do this with a local architectural group.

Commissioner Sarnoff: So -- is it all right, Mr. Chair?

Chair Gort: Go ahead.

Commissioner Sarnoff: So just so you know where I'm coming from, and I'm a little embarrassed up here 'cause I didn't read the documents and I don't think I did my job. When I was with the Mayor, and you were there, he said, quote/unquote, “We will not proceed forward if the City does not agree.” But what you're saying is there is a pathway that would allow that to happen. Now, good lawyers do good things for their private clients, 'cause they serve only one master. You serve the good folks over there, All Aboard, and you'll do what's in your client's best interest, 'cause that's your --

Ms. Garcia-Toledo: That's my duty; that's my sworn duty so.

Commissioner Sarnoff: -- sworn duty, right.

Ms. Garcia-Toledo: Yes.

Commissioner Sarnoff: So there's a pathway to not honor what the Mayor said; that we would not proceed forward unless the City agreed to do so. That's the meeting I had; that's the meeting you were at, and I'm embarrassed 'cause I didn't read the document carefully enough or understand their Zoning Code well enough to know that there was a pathway. How do I close that path?

Ms. Garcia-Toledo: Commissioner, I don't -- the agenda at the County is entirely controlled by the Mayor, so if the Mayor doesn't schedule it, it doesn't go to hearing, even if there was a denial. But that's not the goal of this process. The process itself, the way it is set up is for a joint design, even in its preliminary stages. I can give you the word -- on behalf of my client, I think I can clearly tell you that there is no gain for anyone to delay this process by not taking into consideration the design necessary for this. It's got to be a success. This project not only has the rails, but it's a transfer-oriented development that has hotels, residential, commercial. If it doesn't work and if the design doesn't work, then it will not succeed and it's -- my client is definitely committed at the cost that they're putting into this to make sure that the project absolutely agrees. By the way, this was something that the County Attorney's Office required, because they could not deviate from the basic requirements of the law under the County rules in

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their Zoning Code, so they even had to find the way of doing this through a special exception application so that it could be processed and end up in public hearing. Ultimately, the approval will be a public hearing.

Chair Gort: Okay.

Commissioner Suarez: Mr. Chair.

Chair Gort: Any further questions?

Commissioner Suarez: Yes.

Chair Gort: Are you finished, Commissioner Sarnoff?

Commissioner Sarnoff: Well, I -- and -- thank you, Mr. Chair. You know, Ms. Garcia-Toledo, here's what you're asking: First off, you're saying, “Trust me,” okay, or “Have faith in me.” Okay. Lawyers are not trained to trust and lawyers are not trained to have faith. They're trained to follow the law. Your sworn obligation is to do what is in the best interest of All Aboard. My sworn obligation, as I sit here, is do in the best interest of the City of Miami. And there could be a parting of the ways, because you're going to follow your sworn obligation, and I have to follow my sworn obligation. And your point when we first met is, “Commissioner, we control two-thirds of the property; you control one-third of the property. So to give up that one-third control, what is important to you?” Aesthetics was important.

Ms. Garcia-Toledo: Mm-hmm.

Commissioner Sarnoff: Especially with the track history of the County and their Zoning Code, because they're not a city and they don't design like cities. Case in point: Eight buildings that probably should be built somewhere other than the City of Miami, with the exception of the new courthouse. I -- there's got to be a way that we can put language in the document -- 'cause I got to tell you, to move forward, I'm not going to give a lawyer that's sworn to do her best job for her client the ability to cut me in half. So if it can't be on Section 4 -- this agreement cannot read, “If the recommendation is for denial, it shall not proceed to the County Commission.” You know, I'll be honest with you; it took me a better part of a month to get Francisco Garcia onboard with this, because he felt it was important that the City have a significant say-so in the aesthetics.

Chair Gort: We all do.

Commissioner Sarnoff: I don't deny, Mr. Chair, that we don't know how to run a train; I don't deny that one bit.

Chair Gort: Commissioner Suarez, you're recognized.

Commissioner Suarez: Thank you, Mr. Chair. Sometimes when I'm up here, I feel like I'm coming at an issue from a completely different perspective, and I don't -- and I also think sometimes -- rightfully or wrongfully, because a lot of times, we rightfully do this -- we get bogged down by the minutia, okay? I guess I look at this going backwards. From my perspective, this is a transformational project; I think we all agree on that. This is a project that is one of a kind not only in Florida, but possibly in the United States. When we talk about duties and obligations, it's not only that the attorneys have duties, not only do we have duties as Commissioners, but I feel like All Aboard has a duty to its shareholders, and that duty, from my perspective, is to build the most successful project. And I suspect -- although I can't prove it -- that the most successful project that All Aboard can build is the one that I've seen, which is gorgeous, and kind of imitates a sailboat-looking feature, and from an aesthetic per -- to be honest with you, when I had these meetings, never once did it occur to me that aesthetics would

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even be an issue at the Commission meeting. I think that's why I'm saying I'm looking at it from a different perspective, because I was blown away by the aesthetic vision that I saw. Now, I think you would probably argue or that side of the dais would probably argue, “Well, if the devil's into details,” and “Just because you're seeing it today doesn't necessarily mean that's what you're going to see tomorrow or in the future.” And certainly, that's a -- you know, it's a legitimate concern. I was never under the impression that by conceding to County zoning, we weren't conceding to something. Clearly, we were conceding to something. I think we are, in effect -- actually, the more I think about it, we're conceding to something and retaining something, which was a surprise to me, 'cause you're either conceding something in life or you're retaining something. Rarely are you conceding something and retaining something at the same time. So, you know, from my perspective, I'm actually comforted knowing that this board exists and knowing that it's fairly composed. I think at the City Commission meeting -- and I can't vouch for the County Commission, certainly; I can only vouch for one of its members. I can't vouch for all of them. But I can tell you that at the City Commission -- and I've had the honor of serving with every member here -- and I can't recall a time in four years where we have taken lightly a negative recommendation either from our Planning & Zoning Board or from our Planning Department. I think we see that as a very severe circumstance. I can tell you on my district in the last Commission meeting, an applicant withdrew their application because they got a unanimously dis-favorable [sic] recommendation from the Planning & Zoning Board. So I think not only do the Commissioners heed that; I think the applicants, themselves, heed that. I personally think we have a better zoning process as a city than the County does. I understand why we don't have -- we don't do rail; it's not part of our zoning. It's not part of our forte. I think, you know, we have a great Zoning Department. I think it's led by a great person, and I'm very effusive with my praise when it comes to our Planning & Zoning director. I hope he doesn't leave me like my chief of staff. But I'm sure it will happen eventually, and it'll be a tremendous void for us. But I was under no misimpression that we were not conceding something by conceding our zoning to the County. I just thought from the prospect of having this transformational project that I think we all want to help along, and I think we want to put the least amount of impediments possible. I think consolidating the process streamlines the process, whether it's consolidated under the City or consolidated under the County. Obviously, my preference would be to consolidate it under the City. But I heard some compelling arguments from our own Planning director and from applicant's counsel about why it should be consolidated under the County. I think we're still maintaining a certain amount of control, although maybe not total control, and I think it would be illusory for us to maintain total control, because then we're conceding nothing, and I think that kind of defeats the purpose to a certain extent. Anyhow, that's just my two cents on the issue. I think our objective and our goal is to make this transformational project happen, to help it along, and I hope that our brethren on the County Commission are as wise as we are when it comes to heeding the recommendations of this board and -- on something that's as critical to this project as the aesthetics. And I'll just say one last thing, and it goes to the point that the applicant's attorney made and I think you made it as well, Commissioner Sarnoff. It's not about trust. I trust them to do what's in the best interest of the shareholders; that's the only thing I trust them to do, and that's the only thing I expect them to do. I just happen to think that it's in the best interest of their shareholders that they build the project that I saw, because I think it will not only transform them and what the project that they're trying to build is, but I think it'll also transform the landscape and the skyline of the City of Miami. Now, maybe that's a misplaced trust on my part, and that could be, and only time will tell. Maybe I'm too trustworthy, too trusting. But I do expect them to do what's in the best interest of their own shareholders and their own economic best interest, and that's why I just happen to believe that those two things intersect; others might not, and I can understand that, and I can understand someone thinking, “Well, maybe this is an attempt to do something else.” Those are just my thoughts on that.

Ms. Garcia-Toledo: Through the Chair, if I may?

Chair Gort: Vice Chair Hardemon. Excuse me, wait. Let --

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Vice Chair Hardemon: Thank you. When I consider the fact that a vote could be however many “for” for the design or for the zoning, for passing it on the RTDIC, and that the “against” can be one or two or three people from the City of Miami Commission, and although it is still recommended for a denial, the County inevitably will have this, and they will see that where we agree and the City of Miami does not. And with that bit of information, I can foresee reasonably, I believe, reasonably that the County would move forward and approve the project as it is presented. And I'm all for helping businesses invest in the City of Miami. I mean, that is one of the things that I think is smart for the citizens and the residents of this community and also the people that visit the City of Miami. However, I disagree with counsel that this is an impossibility to get done if there is a process that involves the City of Miami zoning. I think that things can still be done collectively. I think there are creative ways that the discussion can be had between your experts and the City of Miami zoning to make this happen, if we can't come to agreements on the document that is before us. However, when I read the agreement, it still strikes me that this is the illusion of power; this is the illusion of influence; this is simply a come-on-to-get-along type of agreement, and I cannot support it in its current fashion that is before this City of Miami Commission.

Chair Gort: Okay.

Ms. Garcia-Toledo: If I may, through the Chair?

Chair Gort: Yes, ma'am.

Ms. Garcia-Toledo: I need to share with you the discussion and the concerns of the County Attorney. And we are assuming here -- First of all, there is no vote on the committee. The committee has to agree by concurrence for approval. And that was specifically done because the Mayor of Dade County said, “We're not going to ram every” -- “anything down the throat of the City,” number one. Number two, if we have a vote, they would have more members than the City does as it is currently in the law, the law that was accepted by the City of Miami and the County for RTZ, and so the goal was that this would only move forward with concurrence. Now, what happens -- and this is the way it was posted during the discussions with County Attorneys -- what happens if the City agrees and somebody on the County side, those members from the County do not agree and we don't reach concurrence? In that situation, the City would have approved and -- the members from the City would support the design and someone from the County would not, and we would be stuck forever. Now, what happens if we're stuck forever? The project financing would be lost and the project could be lost. So the issue was that the word “concurrence,” when you try to apply it in a legal context, it's very difficult to enforce. So the thought was we kind of -- we allowed the City if it -- if those that don't agree are the City members -- to send it up with a denial at some point. It's a matter of timing, Commissioner; it's not a matter of trying to outdo the City or shifting who has the final say, because it could be County directors or members on the County side that are holding it back and not approving it. So we can certainly -- you know, we're open to suggestions if there can be a better way of doing it. There has to be a finite situation for the project so that we don't end up losing it in its entirety.

Commissioner Sarnoff: My only concern and my only negotiation position to be in good faith is that the three members -- or the three participants by the City --

Ms. Garcia-Toledo: Mm-hmm.

Commissioner Sarnoff: -- if they don't agree -- however you want to write the rest of it -- the County could fight amongst itself; they can even invite Doral in. I don't care what they do; that's their choice. But so long as the three people participating from the City must give their affirmance and your client, as far as I know the law -- though I've been pointed out I don't know it very well by Madam City Attorney today -- but as far as I know with regard to people coming

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up who are private citizens can always give up rights that they choose to give up if they wish something to move forward. So “If the recommendation is for denial, it shall not proceed to the County Commission” is something susceptible for All Aboard Florida to provide. I'm only concerned that that aspect pertained to the City vote. County can fight amongst itself. The County can agree to disagree, however you want. I don't suffer from faith or from trust, 'cause I'm not going to have faith or trust in anyone. I think it can be a sufferance at times; can be a good thing at times, too. But I'm not going to have faith in people; I'm just not.

Ms. Garcia-Toledo: I hear you.

Commissioner Sarnoff: I'm going to have faith in what's written.

Chair Gort: In the law.

Commissioner Sarnoff: Right.

Chair Gort: Documents.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: Thank you.

Chair Gort: You're recognized.

Commissioner Carollo: Thank you, Mr. Chairman. And I truly understand everyone's point. What I would like to see is how do we -- and by the way, you're talking to someone who always welcome the debate and the discussion -- but I want to see -- Okay, I don't want this to stall, either. I want to make sure that this moves forward so -- and maybe, you know, I've been somewhat -- you know, someone who's had a good relationship with the County and been able to always work together with them in whatever projects. I mean, right off the top of my head, 17th Avenue, which for many, many, many, many, many years, you know, was a road that went in disrepair and -- you know. So I don't know if my relationship with the County has been good and I kind of want to, you know, I wouldn't say “trust,” but be able to somehow work with them or know that we can work with them, and this is what it's all about. This is a private industry working with a public industry, you know, with government, and then two government agencies working with each other. So, listen, I understand your points. I understand your concerns. You know, I would even say, hey, if that happens, can we have a conference where -- I don't know -- two City Commissioners and “X” number of County Commissioners meet and decide or so forth? I don't know. That's -- I'm just -- I recognize the issues, but, okay, how -- what can we do to get you all comfortable in order to move this along and see how we could, you know, ask this? Because I think ultimately, I think we all realize that if this does come about, it's going to be very good for the City of Miami and the County.

Commissioner Sarnoff: I don't deny that. And --

Chair Gort: Commissioner Suarez.

Commissioner Suarez: See, he did it to you now; so he did it to me once today, too. Thank you, Mr. Chair. Look, what's before us here is conceding our authority, okay? We can either do it or not do it, that's the bottom line, okay? So if we want to stay in the game, so to speak, we could not do it. I don't know agree with that. I'll be honest with, I don't, because I think our objective is -- should be to streamline the process so we can get the project done, okay? What we're worried about, quote/unquote, is, of course -- what we always worry about, which is the

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worst-case scenario, that's what we're worried about; the worst-case scenario that this committee is going to recommend dis-favorably [sic] and then it's going to go to the County and the County's going to wipe its proverbial you know what with that recommendation, and is going to approve a building that is aesthetically different than what we've all seen, and that that's what's going to happen, and it's going to be egg on our face. That's what we're worried about; let's be candid about it.

Commissioner Sarnoff: Correct.

Commissioner Suarez: I'm not worried about that. I'm personally not.

Commissioner Sarnoff: Okay.

Commissioner Suarez: I'm not. You're thinking of the worst-case scenario. I'm thinking of the best-case scenario. I'm thinking about the scenario --

Commissioner Sarnoff: Real estate people think of best-case scenarios.

Commissioner Suarez: Litigators think --

Commissioner Sarnoff: Litigators think of worst-case scenarios.

Commissioner Suarez: Right. But you know what? This is a real estate deal. This is not a litigation; at least not yet. Right now, this is a real estate deal, and if you want to sell those apartments, and you want to rent out those units, and you want to have an office building, and you want to have a train station that can transport people from the core of Miami-Dade -- of the City of Miami all across the State of Florida, you better build a beautiful thing. Otherwise, it ain't going to happen, 'cause you can look at our Metrorail station right now, which is as ugly as the ugliest thing that you can ever think of, and its ridership is on the floor. So, you know, again, I think if we're not comfortable conceding our authority, we're just not comfortable. I don't know that you can design some sort of process which concedes our authority but doesn't do it.

Chair Gort: I think Commissioner Sarnoff [sic] is coming up with some amendments to the -- recommendation to the amendments to the document.

Commissioner Sarnoff: And I'm all ears.

Ms. Garcia-Toledo: If I may, through the Chair? We have the senior planner for the County here, Gilberto Blanco, and he came up to me and he said, “Perhaps that recommendation of denial with instructions to the County Commission that it be referred back to the RTCDIC [sic] for continuous work.” But what it does is it allows the public airing that we are stuck and we can get instructions from the elected officials to un-stuck [sic] the situation.

Commissioner Sarnoff: But -- so then let me be the litigator, as Francis likes to call me. So then your six months of being stuck -- and by the way, as Ralph Garcia-Toledo would say, “You wouldn't want to see Vicky Garcia-Toledo six months of being stuck.” But my point is you're stuck for six months. You're angry, frustrated with the process because you can't get Garcia, you can't get Bravo to move this thing along, 'cause they think it's aesthetically unpleasant. What is the inevitable outcome?

Commissioner Suarez: Stall.

Commissioner Sarnoff: You could put something -- you're right, you could --

Commissioner Suarez: Stall.

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Commissioner Sarnoff: Leave it at an impasse.

Commissioner Carollo: And that's --

Commissioner Suarez: And that defeats the purpose.

Commissioner Carollo: -- exactly what was my point.

Commissioner Suarez: That defeats the purpose.

Commissioner Carollo: (UNINTELLIGIBLE).

Ms. Garcia-Toledo: And that impasse could cost the project.

Commissioner Suarez: Of course.

Chair Gort: Right.

Commissioner Suarez: And that's my point. My point is --

Ms. Garcia-Toledo: And so we don't want to fall into an impasse. We want to come out to the public forum and say, “We are hung up because this tower is being designed at 80 feet and someone thinks in the committee, out of ten people, nine agree that it's okay at 60 feet, but somebody wants it to be 80.”

Commissioner Sarnoff: I don't think height is our issue. My issue is the aesthetic, and who is the ultimate arbiter of that aesthetic? And all I'm saying is, you know -- I think the Mayor won an election based on the fact he said, “The ultimate best predictor of the future is what you've done in the past.” So if I look at what the County's done in the past, your track history is horrible. So that's just as a governmental -- by the way, that's building your own buildings, which is even kind of a double whammy, Mr. Zoning Director over there. But --

Commissioner Suarez: Where is he? I don't even know --

Commissioner Sarnoff: I don't know. Somebody said there's a zoning director from the County here. Ms. Garcia-Toledo: Senior planner.

Commissioner Suarez: Senior planner.

Commissioner Sarnoff: Senior planner. Well, that's even worse, Mr. Planner, because -- by the way, if you want to get a real job, come to the City. We'll tell you -- show you how to build buildings, but that's -- My point is if the ultimate -- if the past is an indicator of the future, then what do I get to say; that the courthouse looks like it's coming out pretty well? -- which it does. They've learned their lessons in the past and have faith; they'll learn it this time, too?

Ms. Garcia-Toledo: I think I have the answer.

Commissioner Sarnoff: Go ahead.

Ms. Garcia-Toledo: Why don't -- why doesn't this Commission appoint one of its own -- Commissioner Sarnoff -- to participate in the RTDIC --

Commissioner Suarez: I'm okay with that.

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Ms. Garcia-Toledo: -- and in that situation, God knows that if the City of Miami is not in agreement, even if it goes to a public hearing in front of the County Commission, the County Commission will never approve it --

Chair Gort: My understanding --

Ms. Garcia-Toledo: -- not if you're there (UNINTELLIGIBLE).

Commissioner Sarnoff: No, I would put -- I would then put Carollo on that, 'cause the chances are he'll have a lot more stroke than me there.

Chair Gort: Yes.

Commissioner Carollo: And by the way, listen -- and I don't -- I've never presented to being an attorney, but listen: How probable is it that if this City Commission is against something the County Commission will not listen to us and pass it? Is it possible? Anything is possible. And again, I don't want to be an attorney here. Is it possible? Yeah, anything is possible. But how probable really is it? Because --

Commissioner Sarnoff: On this issue?

Commissioner Carollo: Yes, on this issue.

Commissioner Sarnoff: On this issue, pretty -- I got to tell you, I give it about a 30 to 40 percent chance, 'cause they view this -- and it is. Look, I'm not -- All Aboard, you're great people, let me say that; never had a cross word with these folks. But my point is, you know, you say to yourself -- let's just say 2014 they're about to start process, okay? Let's say Russia invades not only the Ukraine, but a couple of other more countries. Not farfetched, right? And the worldwide economy goes like this, and all of a sudden, All Aboard, to its shareholders that he has the primary obligation, says, “You know that $1.7 billion that I was going to spend on that project? I'm value-engineering that down to 800 million.” And all of a sudden, they -- their buildings start looking like the County buildings. That is what I'm trying to protect us from.

Commissioner Suarez: And Mr. Chair, if I may?

Chair Gort: Yes.

Commissioner Suarez: 'Cause I think that worst-case scenario was lobbed over into the extreme right of the dais.

Commissioner Sarnoff: Well, it's on you now.

Commissioner Suarez: And look, we've seen examples like that, and in the public sector context; not really in the private sector context. Well, we saw FDOT (Florida Department of Transportation), what they did with the quote/unquote, “Signature Bridge” on 395, where they made it look like a signature bridge, and they said, “Oh, we don't have the money,” then they're not going to do it. And now, after the political pressure that we exerted, now -- and the lawsuits, et cetera, they want to do it. So I get it. So my thing is this: It doesn't seem like you're comfortable conceding the zoning. That's my point. My point is if you're not comfortable conceding the zoning, just say you're not comfortable conceding the zoning, and then you can vote your conscience. But trying to design this -- you know, from my perspective, I was comfortable with it, because I felt that there's a lot of checks and balances in the process that was created. Is it perfect? No. But you're conceding, by the very nature, you're conceding something. You're giving something up; you're not keeping it all. If you were keeping it all, why

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change the status quo? We have two different zonings. It just makes it more cumbersome for them to get something done, and the project will take longer because, inevitably, you have to go through two governments rather than one. That's just simple arithmetic, like President Bill Clinton would say, okay? So you either agree with that concept or don't. I happen to, 'cause I think streamlining in the context of a major transformational project like this is worth giving up a little bit. I agree with the Commissioner to my left that the chances that all of us get up there, by the way, and we all have a certain amount of juice when it comes to the County Commission -- you know, I have my own abilities there as well.

Commissioner Sarnoff: We know the one.

Commissioner Suarez: And we all get up there and we say -- Yeah, you do. Come on, you're all right.

Commissioner Sarnoff: You know of one.

Commissioner Suarez: It's all good. Well, then you won't come, Commissioner.

Chair Gort: Gentlemen.

Commissioner Suarez: --It's all good. But we all get up there and one by one say, “Look, this is an aesthetically disgusting building, and we urge you to follow the recommendation.” You know, is that -- of course, that's a possibility. We could go down that ugly road, and it could happen. I just don't think it's going to. And that's what I'm --

Chair Gort: Gentlemen, we could talk on this, we can discuss it. We have too many lawyers in here. My question is you had some suggestion for some amendment. I personally, I'd like to speak for a minute. I had my question. My problem was you guys have been working on this six month, seven month. The first time somebody came here for All Aboard, it was about a year and a half ago. I loved it. I thought it was great for the City of Miami. I'm all for it. You guys have been negotiating for six month. I got the document a week ago. I had a lot of questions. Thank God, most of the questions were answered by the proponent, not by my staff, and that, I think, is the problem that I have with that. All of my questions were answered by the -- one of the main question is what was the benefit of the City of Miami of the whole thing, all of the -- transportation. We going to provide public transportation, all that. We all heard all that. But what's the bottom line? We going to be collecting taxes? Yes, we are, 'cause that's one of the questions that we had. If you under the rail, it's a different jurisdiction, the tax is that. So I want to make sure that we comply with that. So there is -- and all the benefit of having the transportation, have the beautiful facility there, but also, we can have additional taxes coming to the City of Miami. Now, my question was in here today is I personally have very good relationship with three of my Commissioners on the County Commission, and I'm sure every one of us have certain relationship with some of the Commissioners. If you feel strong to create an amendment to make you feel safe, provide it and let's amend it.

Commissioner Sarnoff: Well, then let me say this, Mr. Chair, because I'm going to say that I think page 4, paragraph 6 should be changed: That the County agrees the City shall be entitled to appoint three participants to the RTDIC -- everyone stay comfortable; I'm just reading the paragraph. I'll tell you when I'm making changes -- for all meetings of the RTDIC related to the project, and that the City's appointee shall be all individuals with technical expertise -- parentheses -- that would exclude me -- and professional degrees in at least one of the following areas: Sub-1, transportation; Sub-2, architect, Sub-3, engineering -- uh-oh -- or Sub-4, law. That might include me.

Vice Chair Hardemon: Technical (UNINTELLIGIBLE).

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Commissioner Sarnoff: Right, it should be (UNINTELLIGIBLE), I agree.

Commissioner Suarez: Sub-5, Commissioner.

Commissioner Sarnoff: In the event the City -- in the event that the City representators [sic] present at an RTDIC meeting to consider an application for the development within the subzone do not concur -- so this is a City of Miami -- with the recommendation for an approval -- for approval or an administrative approval of an applicant -- of an application, the recommendation or decision shall be for denial. And this is the new sentence: If the recommendation is for denial, it shall not proceed to the County Commission, period. I could tell you this: I believe -- and the City Attorney will correct me, as she has so gainfully done today -- that a person can voluntarily, if they'd like to proceed forward with something that they wish to achieve, proffer that as part of a contractual term; that they are free, alienable rights that anyone in the world can give up if they wish to proceed.

Chair Gort: Okay.

Commissioner Sarnoff: That would be my motion.

Chair Gort: There's a motion -- there was a motion before, so this will be an amendment to the motion; am I correct?

Commissioner Suarez: Yeah. I -- let's do it a different way. I'll -- 'cause I'm not going to agree to that amendment, so let's -- I'll -- I guess I will withdraw my motion, and you can make that motion, and I'll go from there.

Ms. Garcia-Toledo: Commissioner --

Chair Gort: Excuse me, wait a minute. Yes.

Commissioner Carollo: Mr. Chairman?

Chair Gort: Yes.

Commissioner Carollo: And I want to discuss your motion or your amendment or what you stated. I want to discuss it, because I think as it's stated right now, I don't think I can support it, but I want to work with it and massage it to see if I could work with it, because what I don't like from your motion is this: Okay, so now we have a stalesmate [sic]. Now what? So I want you to work with it so we have some type of resolution, or how do we move forward, other than we have a stalesmate [sic] and everyone looks at each other, and what do we do now? Because, like I said from the very beginning, I want to make sure this project moves along; it doesn't get caught in a stalesmate [sic]; no one knows what to do; everyone starts pointing fingers. The next thing you know, months pass by, a year pass by, and -- so that's where --

Commissioner Suarez: And it would have been better if we would have never done it.

Victoria Méndez (City Attorney): Maybe --

Commissioner Carollo: Right.

Chair Gort: Excuse me.

Ms. Méndez: If I may.

Chair Gort: Excuse me.

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Ms. Méndez: Maybe what we could do is add an additional component: May not proceed to City -- to County Commission unless it has been worked through for a period of one month or two months; like actually put the onus on that committee to actually work through it and then obviously, if there's still a denial, then it could move forward, but at least there's a process that they'll have -- they know they have to work through this or, if not, it's going to be stuck for a month, and then maybe that is an option.

Ms. Garcia-Toledo: And it not only applies to the City. I know --

Chair Gort: Excuse me.

Ms. Garcia-Toledo: I'm sorry; through the Chair.

Chair Gort: Let me tell you, I think the message has been send out; we all want to see this done. We all want to see it correct. So I imagine that when that committee sits down, and I think All Aboard are hearing all our messages, they hear what we want to build, and what they presented to us about a year and a half ago, so they all understand what everybody wants, and I think whatever we put in here, people understand. We don't want to hold this; we just want to make sure we get the right development taking place. Yes, ma'am, you're recognized.

Ms. Garcia-Toledo: My concern is, Commissioner, that I understand the City of Miami is your greatest issue, but we could also have the City of Miami ready to move forward and have someone from the County not concur and hold it back also. So that's the issue.

Commissioner Suarez: Of course.

Ms. Garcia-Toledo: What if you love it and somebody from the County, from that concurrence requirement decides, that they don't like it?

Commissioner Suarez: And --

Ms. Garcia-Toledo: Then it's the County holding it back, so that was the difficulty.

Commissioner Sarnoff: I'm willing -- but I'm willing to concede that you only have to have concurrence from the City of Miami folks. I'm -- like I said to you before --

Ms. Garcia-Toledo: Okay, I hear you.

Commissioner Sarnoff: I'm not looking to control the uncontrollable.

Chair Gort: Yeah.

Commissioner Sarnoff: I'm sug --

Ms. Garcia-Toledo: That works, because then the concurrence has to be only from the City of Miami.

Commissioner Sarnoff: Correct.

Vice Chair Hardemon: Exactly.

Commissioner Sarnoff: If you have -- if you put somebody on that board that you didn't like or whatever it is, whoever that board gets appointed -- I'm only concerned about the aesthetics from our position. So I --

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Commissioner Suarez: So what's the amendment?

Commissioner Sarnoff: The concurrence needs to only come from the City of Miami.

Commissioner Suarez: The three members that are appointed by the City.

Commissioner Sarnoff: Yes.

Commissioner Suarez: And you're okay with that?

Unidentified Speaker: Reluctantly.

Commissioner Suarez: Huh? Reluctantly.

Ms. Garcia-Toledo: Reluctantly. What if the three members of the City of Miami are not in agreement?

Chair Gort: All three attorneys.

Ms. Garcia-Toledo: I think it's really important that --

Chair Gort: We'll give you all three attorneys for that committee.

Commissioner Sarnoff: You don't want lawyers on that committee.

Ms. Garcia-Toledo: I would love to take the three attorneys on your dais, but unfortunately, that would create a public notice requirement for each and every meeting. But you can have one, and I would really suggest and ask that Commissioner Sarnoff be appointed to that committee. I think it's his district, it affects the DDA (Downtown Development Authority) tremendously. In that way, there's continuous communication with the dais.

Chair Gort: Okay, let's get the motion passed first and then we will consider the appointments. Any further discussion? Did the maker of the motion understand the amendment?

Commissioner Sarnoff: Yes.

Commissioner Suarez: He's the maker now, 'cause I withdrew my motion.

Vice Chair Hardemon: And I second his motion.

Commissioner Suarez: Okay.

Commissioner Carollo: Hold on, hold on, hold on. What is the motion?

Chair Gort: Repeat the motion.

Commissioner Suarez: It's a slight change to the --

Commissioner Sarnoff: So the recommendation for denial can only come from the City of Miami folks; in other words, that the -- it must be through the City of Miami. Concurrence only has to come through the City of Miami. So let's say it was an eight-one vote, but three of the people from the City of Miami voted. That is considered concurrence from our standpoint.

Commissioner Carollo: Right.

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Commissioner Sarnoff: How they wish to choose to deal with it at the County is up to them.

Vice Chair Hardemon: Mr. Chairman?

Chair Gort: Yes.

Vice Chair Hardemon: Can you read the language that you read earlier that you were adding to it? Because I think it's common sense that the concurrence is only dealing with us, but the language that you read earlier basically stated that -- from what I understand --

Commissioner Sarnoff: So the amendment would say is -- for the development within the sub-zone -- In the event the City representatives -- this is what's written -- present at the RTDIC meeting to consider an application for the development within the sub-zone do not concur with the recommendation for an administrative approval of an application, the recommendation or decision shall be for denial. I read it exactly as it was written.

Commissioner Carollo: Right.

Commissioner Sarnoff: I interpret that to mean our people.

Commissioner Carollo: Right.

Vice Chair Hardemon: Yes.

Commissioner Carollo: But --

Vice Chair Hardemon: But can you -- that's an opinion.

Commissioner Carollo: Right.

Commissioner Sarnoff: And then the next: If the recommendation is for denial from the City --

Commissioner Carollo: Okay.

Commissioner Suarez: From the City's representatives, designated representatives.

Commissioner Sarnoff: -- City's representatives, it shall not proceed to the County Commission.

Commissioner Suarez: From a unanimity of the City's representatives, right?

Commissioner Sarnoff: Right.

Commissioner Suarez: That's concurrence.

Vice Chair Hardemon: Okay.

Chair Gort: The motion -- who made the motion?

Commissioner Sarnoff: I did.

Ms. Garcia-Toledo: And that means we're creating a --

Chair Gort: Excuse me, excuse me.

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Ms. Garcia-Toledo: -- an impasse forever.

Chair Gort: Excuse me.

Commissioner Sarnoff: From the City of Miami's standpoint.

Ms. Garcia-Toledo: Right. So basically, if the City does not agree with the design, the project can be killed --

Chair Gort: No (UNINTELLIGIBLE) --

Ms. Garcia-Toledo: -- in its entirety.

Commissioner Carollo: Okay.

Ms. Garcia-Toledo: And there is no remedy.

Chair Gort: Why do we always has to go to the worst?

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes, sir, you're recognized.

Vice Chair Hardemon: I believe that if we did this through the systems that we have set forth right now, if the City didn't approve it, then All Aboard couldn't build it. I think the intention has been stated from everyone that we want this project to be completed. What we do not want is for the City to be muscled, either by the County or by All Aboard, in getting this thing complete. I think that what we need, if there is a time -- and I don't know if this is reasonably foreseeable, considering the fact that All Aboard gets what the City's intentions are with the zoning of this building. If that is understood, then I can't reasonably foresee that this would be unanimously disapproved by the City of Miami's representation.

Commissioner Suarez: Can I just make a suggestion, Mr. Chair?

Chair Gort: Yes, sir.

Commissioner Suarez: As able as I feel our current Commission is, and particularly now that we have three attorneys/legislators, my recommendation would be that we table this until after lunch simply because as well intended as we all are here --

Commissioner Sarnoff: Sure.

Commissioner Suarez: -- I think the wise thing to do would be to contemplate exactly what we're doing and --

Commissioner Sarnoff: Put the language in writing, I agree.

Commissioner Suarez: Thank you. I think that's the wise thing.

Ms. Garcia-Toledo: Yeah.

Commissioner Suarez: So can I have a point of privilege? Can I just --?

Chair Gort: Yes, sir.

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Commissioner Suarez: So I think I'm being a little additionally nostalgic, because I just had a baby a few weeks ago, but I just -- a thought occurred to me as we were debating this issue and the prior one and a couple of the other ones today that, you know, the Chairman often says that this is the best Commission that he's served on in his various stints in over several decades, but I have to say this current Commission is the best one that I've served with, and I think the level of debate, the thoughtfulness, the articulation, the erudition of analysis, I think the fact that we all listen to each other, I think there is a -- we honestly really persuade each other. I mean, I was going to vote reluctantly “yes” on your motion, you know, where I think I would have otherwise voted against it, and I obviously withdrew my motion, and I think there's -- it's not personal. You know, we're really, really struggling with these things, and we're trying to make it work for a very big and important project. So I just had that thought. I wanted a point of privilege to express that, and I appreciate the Chairman's indulgence in (UNINTELLIGIBLE).

Commissioner Sarnoff: Commissioner, all I'm trying to prevent is (UNINTELLIGIBLE) by us looking in somebody's eyes and saying, “I saw something I liked,” and find out five years later --

Commissioner Suarez: No, I agree.

Commissioner Sarnoff: -- that person (UNINTELLIGIBLE) the country.

Commissioner Suarez: I understand, and it's happened before.

Chair Gort: Okay, so we're bringing it back --

Commissioner Carollo: Yeah, I'm holding back, but -- no, I can't. Yeah, that was Watson Island.

Commissioner Suarez: By the way, one of the things that we're doing intelligently --

Commissioner Carollo: It's been, what, 12, 13 years?

Commissioner Suarez: By the way, one of the things we're doing intelligently is we're spending time on the things that we should spend time on.

Commissioner Sarnoff: Right.

Commissioner Suarez: And we are moving things along that need to be moved along. I think we've done most of our agenda, if not all of it, by lunchtime --

Chair Gort: Yeah.

Commissioner Suarez: -- and I think that's important.

Chair Gort: So --

Commissioner Sarnoff: Agreed.

Chair Gort: -- you guys want to come back at 3?

Commissioner Sarnoff: Can you come back with some language to my office?

Ms. Garcia-Toledo: Absolutely.

Commissioner Sarnoff: Okay.

Ms. Garcia-Toledo: Thank you.

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Chair Gort: Thank you. Three o'clock.

Ms. Garcia-Toledo: And I just want to say from this side of the dais, I concur with your statements.

Commissioner Suarez: Thank you.

Later...

Chair Gort: Commissioner Sarnoff, you're recognized.

Commissioner Sarnoff: I think -- Mr. Chair, thank you, and thanks to the other Commissioners for suggesting this be tabled. Language that has satisfied me; understanding this -- everyone's desire to move this along, at the very end of paragraph 6, it would now say, “In the event of a recommendation or decision for denial by the RTDIC, a supermajority of the Board of County Commissioners shall be required.” It gives us a little more --

Unidentified Speaker: Teeth.

Commissioner Sarnoff: Yeah, a little more, and it's kind of -- well, it gives us a little more assurance. Let me leave it at that.

Ms. Méndez: Commissioner.

Chair Gort: Yes.

Ms. Méndez: May I -- Chairman, may I suggest that it be a majority of the sitting Board of County Commissioners? Because if only, let's say, five of them show up that day for a meeting, then you'd end up with less of a majority.

Chair Gort: What's the quorum, seven?

Commissioner Carollo: Right, but not a majority; a supermajority.

Ms. Méndez: I understand, but if you --

Vice Chair Hardemon: She's trying to --

Commissioner Carollo: Also Commissioners --

Ms. Méndez: Right. Because if you say, “Commissioners present,” let's say there's three of you and it's a supermajority --

Commissioner Sarnoff: Is two.

Commissioner Suarez: Mr. Chair, can you say, “as defined by the County Code”? Because I think the County code has a definition of what a supermajority is.

Ms. Garcia-Toledo: There -- if I may?

Ms. Méndez: Well, I contacted one of the County attorneys --

Commissioner Sarnoff: Right.

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Ms. Méndez: -- and there might be a discrepancy as to that so --

Vice Chair Hardemon: So, I guess, this will be -- when we think about the fact of what a supermajority is, if you -- most votes are approved, of course, by a majority.

Commissioner Suarez: Right.

Vice Chair Hardemon: And then you have the supermajority --

Commissioner Suarez: Right.

Vice Chair Hardemon: -- (UNINTELLIGIBLE) that requires some of those -- but a good attorney, like those that sit before us, could potentially argue -- and that's why you're trying to close that gap -- that it's a supermajority of the people that were there present voting. Hey, a supermajority did vote and it did pass. So you're -- from what I understand, Madam Attorney, you're trying to add in language that says it's a supermajority of the 13 County Commissioners.

Ms. Méndez: Correct.

Vice Chair Hardemon: And I don't think that's -- that shouldn't be a very difficult thing.

Commissioner Suarez: Okay, now I'm confused.

Chair Gort: Okay.

Ms. Garcia-Toledo: Okay. If I may -- through the Chair.

Chair Gort: Yes, ma'am.

Ms. Garcia-Toledo: The County Commission -- excuse me. The County Code has different definitions of what a supermajority is. When Commissioner Sarnoff and I spoke, we talked about 13 sitting Commissioners; 9 of those would be a supermajority. Now, I understand the concern that your City Attorney is having, because we had it too. You know, there's often -- when you have 13, often, there are someone absent, and so it would be a supermajority of those sitting. But since that's not what Commissioner Sarnoff and I discussed, we got back to the County Attorney's Office and said a supermajority is 9 out of 13, out of deference to the conversation that we had already had, Commissioner.

Commissioner Sarnoff: Exactly. And --

Ms. Méndez: Then, is there any way we could just say 9 out of 13? I'm just telling you, you're going to end up with -- I contacted the County Attorney's Office. Based on what Ms. Garcia-Toledo said, they have different interpretations, so either you say it or you don't get it. I'm just --

Chair Gort: We're going to say it. Yes, go ahead.

Vice Chair Hardemon: I'm requesting that that friendly amendment is being added to the language --

Commissioner Sarnoff: Accepted.

Vice Chair Hardemon: -- of the --

Commissioner Suarez: He hasn't said it.

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Vice Chair Hardemon: -- sitting County Commissioners.

Ms. Méndez: Right. And what I mean by “sitting,” it's 13, not those present

Vice Chair Hardemon: Of the 13 County Commissioners.

Ms. Méndez: Right. So, maybe we could just --

Vice Chair Hardemon: No matter what, it has to be nine.

Chair Gort: Nine votes.

Vice Chair Hardemon: There's 10 there --

Ms. Méndez: Right.

Vice Chair Hardemon: -- 9.

Ms. Méndez: So if we could just put that 9 out of 13, and we're clear, because, unfortunately, there's been a lot of interpretation.

Commissioner Suarez: That's what they call a super-duper majority.

Ms. Méndez: Well --

Chair Gort: Thank you.

Ms. Méndez: -- I -- that's why -- I think the supermajority is eight and five; some people think it's nine; so, unfortunately, if you want nine, you have to say nine. If not, you're not going to get nine.

Commissioner Suarez: Or you could set it as a percentage of seven --

Chair Gort: The maker of the motion --

Commissioner Suarez: -- and then go from there.

Chair Gort: -- will you, please --?

Commissioner Sarnoff: I think I could do this. So, let me withdraw my motion for a moment, Commissioner -- Mr. Chair -- I apologize. So it would say, “In the event of a recommendation, or a decision, or denial by the RTDIC, nine Commissioners of the Board of County Commissioners can override that decision.”

Chair Gort: Okay.

Commissioner Carollo: Right. But denial from City RTDIC members, correct?

Commissioner Sarnoff: Actually, this sort of take -- this takes care of the whole issue for them, 'cause it -- now it's sort of all rolled in there, and if --

Ms. Garcia-Toledo: The rest of the paragraph 6 stays as it is.

Commissioner Sarnoff: Right.

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Ms. Garcia-Toledo: And then only if the three -- only if there is -- if the three members of the City Commission --

Commissioner Carollo: I gotcha.

Ms. Garcia-Toledo: -- determine that it's a denial, will there be a need for a supermajority.

Commissioner Carollo: Right, it's stated there already. You're just -- I got it.

Ms. Garcia-Toledo: Yeah.

Commissioner Carollo: Okay.

Chair Gort: Vice Chairman, you're recognized.

Vice Chair Hardemon: You said that nine -- read the last part of it for me again.

Commissioner Sarnoff: Sure. So -- I'll go again. “In the event of a recommendation or a decision for denial by the RTDIC, nine Commissioners of the Board of the County Commission can override the denial.”

Commissioner Suarez: That's fine.

Vice Chair Hardemon: Okay. What I would --

Commissioner Suarez: Super-duper majority.

Vice Chair Hardemon: Say it how you like it.

Commissioner Suarez: If there's 11 or if there's 12.

Vice Chair Hardemon: Say it how you like it.

Commissioner Suarez: Or if there's nine, it's unanimous. It's got to be unanimous.

Vice Chair Hardemon: As long as they agree.

Commissioner Suarez: So, hopefully, it's not after lunchtime or anything, so.

Vice Chair Hardemon: But my statement is this: We started on this journey for zoning purposes, so this does not necessarily extinguish all of my concerns for zoning purposes; it does not. It does give me a little bit more assurance that, at least, it won't be a simple majority of the County Commissioners will to override the preferences of the City of Miami Commission because what I'm -- what it seems to be is that with the relationships that we, at least, have amongst ourselves as Commissioners with the County Commissioners, that we'd be able to convince enough of them that this isn't the way that it should be. But at the end of the day, I mean, the County Commission seems to be that they can either approve it or deny it. So it doesn't necessarily extinguish all of my concerns, but -- and in the spirit of business efficiency and negotiation, in the spirit that this Commission has come together now to try to find a solution to this that best fits us -- nothing's perfect -- but best fits us, then I'm willing to support it.

Chair Gort: Okay. Now, my understanding is, we should have somebody from the Planning Department. I think the -- our Planning director should be part of that team and then the other two teams, I don't know how you guys going to go about selection; if you want to do it today or

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you want to do it some other time. You need an attorney. You have a planner and you -- yes, ma'am.

Ms. Méndez: There's nothing right now in the documents that say who selects who, but obviously, this Commission can say who they would want on their -- or delegate that authority to the Manager.

Chair Gort: Let's get this out of the way. Can you repeat the motion? You made a motion. You have to make another motion.

Commissioner Sarnoff: The amendment?

Chair Gort: The amendment, yes.

Commissioner Sarnoff: I would add at the end of paragraph 6 -- I believe it's on page 4 -- “In the event of a recommendation or a decision for denial by the RTDIC, 9 Commissioners of the 13 Board of County Commissioners can override the denial.”

Chair Gort: Okay, is there a second?

Vice Chair Hardemon: Second.

Chair Gort: It's been motion -- moved and second. Any further discussion? Being none -- I forget what -- This is a resolution. All in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Chair Gort: Getting going.

Ms. Garcia-Toledo: Thank you.

Chair Gort: We have --

Daniel J. Alfonso (City Manager): PH (Public Hearing) --

Ms. Garcia-Toledo: Excuse me.

Mr. Alfonso: PH.4, Commissioner.

Ms. Garcia-Toledo: Are you going to assign the members of the committee now? No? Okay, thank you.

Ms. Méndez: Or you could delegate it to the Manager.

Commissioner Carollo: I think it is the Manager, you know.

Vice Chair Hardemon: Default.

Chair Gort: Yeah. He's the one that -- if it doesn't get done, he's the one that we're going to go after, so he's going to make sure he's got the right person. He's got to make sure he's got to right one.

Vice Chair Hardemon: That's an extra $4,000 in the disability package.

Commissioner Sarnoff: I was going to say, now that he's got that disability policy --

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Chair Gort: Okay, thank you.

Commissioner Sarnoff: -- sharpening spears.

Mr. Alfonso: Thank you.

RE.12 RESOLUTION 14-00222 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Attorney RETENTION OF THE CORAL GABLES CITY ATTORNEY'S OFFICE, AS OUTSIDE CONFLICT COUNSEL, PRO BONO, FOR THE REPRESENTATION OF THE HISTORIC PRESERVATION OFFICER, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PLANNING AND ZONING STAFF AND OTHER CITY OF MIAMI STAFF, ON AN AS-NEEDED BASIS, ON LEGAL MATTERS IN CONNECTION WITH THE APPEAL(S) FILED BY THE OWNERS OF MET SQUARE UNDER THE APPLICABLE PROVISIONS OF THE HISTORIC PRESERVATION LAWS IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO HISTORIC PRESERVATION MATTERS. 14-00222 Memo - Office of the City Attorney.pdf 14-00222 Legislation.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0090

Chair Gort: My understanding is, you all came out with some agreements, some resolutions. And where's Commissioner Sarnoff --

Commissioner Carollo: Yeah.

Chair Gort: -- the maker of the motion?

Commissioner Carollo: Mr. Chair --

Chair Gort: Yes.

Commissioner Carollo: -- in all fairness, I think we should have all Commissioners present before we take it up.

Chair Gort: Of course.

Vicky Garcia Toledo: Yes.

Commissioner Carollo: I mean, I think there's other items that we could take up beforehand --

Ms. Garcia Toledo: Thank you.

Commissioner Carollo: -- but I would prefer if we have the full Commission here for --

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Chair Gort: RE.12. Well, I'm just trying to go by the --

Commissioner Carollo: Yeah.

Chair Gort: -- schedule. RE.12.

Daniel J. Alfonso (City Manager): Yes. RE.12 is a City Attorney item --

Unidentified Speaker: (UNINTELLIGIBLE).

Ms. Méndez: Yes.

Chair Gort: City Attorney's Office.

Ms. Méndez: Basically, Commissioners, this has to do with the request of counsel to deal with the possible appeal that may be heard before the City Commission on March 27. It's just to be able -- since I am the Commission's counsel, I can't be jumping in if staff is cross-examined by attorneys, so I'm able to get, pro bono, an attorney from the Coral Gables City Attorney's Office so that he could be present just in case it becomes a contentious hearing, and that is all that I'm asking for. It will not cost the City any money.

Chair Gort: And you're telling us your staff cannot represent because you have a conflict of interest?

Ms. Méndez: Basically, for -- in order to be able to address a matter and when it becomes a quasi-judicial hearing, in that case, the Commission is acting as the judge and trier of fact; the staff is presenting their position; an applicant is presenting their position. And, yes, in order to make sure that the record is clear and that is why -- and chances are, whatever happens here will go on appeal. Those cases, when I know that might be a little contentious, I'd just rather be safe than sorry and have someone available to be able to object to any unfair cross-examination or anything of that nature just to keep a clear record, so yes.

Chair Gort: Okay. What's the wish of this board?

Commissioner Carollo: I make a motion to move it.

Chair Gort: It's been moved by Commissioner Carollo; second by Vice Chairman Hardemon. Any further discussion? Yes, sir.

Bob Powers: Well, yes. My name's Bob Powers. I live at 565 Northeast 66th Street. My concern with this item is who is this person going to be responsible to in their determination of whatever they come down? They -- are they representing the people of the City of Miami? Or are they protecting the interest of the City of Miami? That's my question.

Chair Gort: Okay.

Mr. Power: Because I just -- I think that's an important -- Because the City Attorney represents you, the board. Does -- she does not represent the citizens of the City of Miami. She keeps you guys from getting into trouble, okay, and doing stuff -- not like right or wrong about it, but that's her job. So if you're going to be hiring or asking another attorney to come in to represent so that the City doesn't get into a problem with a developer --

Ms. Méndez: No.

Mr. Powers: -- 'cause this is a developer-driven item.

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Ms. Méndez: No, no.

Chair Gort: Wait until he finish, and then you'll answer his question.

Mr. Powers: Not like -- well, whatever.

Chair Gort: Okay.

Mr. Powers: That's my concern.

Chair Gort: All right.

Mr. Powers: Is that person going to represent the interest of the people of the City of Miami with a historic preservation undertone, which this matter is about? 'Cause it's environmental preservation and it's all about the Met -- correct? -- and whether they can develop that property or not develop that property or whether their criteria is going to have to --? Am I being clear with my communication here?

Chair Gort: Yes.

Mr. Powers: I think -- So --

Chair Gort: (UNINTELLIGIBLE). We'll answer --

Mr. Powers: -- I just think that there's a bigger issue than just allowing somebody to come on. And who are they going to represent? Thank you.

Chair Gort: Thank you. Madam attorney, you want to answer the question?

Ms. Méndez: Yes. They are not representing the interest of the citizens of the City of Miami. It is just to allow for staff, when they present their position, whatever the case may be, with regard to any questions and answers in order to have a clean process with regard to a hearing, and if they need to object to any type of questioning or line of questioning, if anyone gets out of line, that type of scenario, it's just to have a clean, clear record for you, as the Commission, to be able to make any determinations, and that I'm not jumping in because I clearly represent the Commission. So that's what it's for.

Chair Gort: Thank you. Any other questions? Commissioners, any other discussion?

Commissioner Sarnoff: What're we on, Commissioner?

Commissioner Carollo: We're --

Commissioner Suarez: RE.12.

Ms. Méndez: RE.12.

Chair Gort: RE.12, the pro bono consultant attorney from Coral Gables.

Later...

Commissioner Carollo: I'm sorry, Mr. Chairman, if I could jump in?

Chair Gort: Yes, go ahead.

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Commissioner Carollo: And I don't want to put words into the Chairman's mouth, but what he's saying is that prior to Commissioner Sarnoff making a motion, there was already a motion on the floor that had a second, and I think I --

Chair Gort: You withdraw your --?

Commissioner Carollo: Right. I moved it and I believe Commissioner Hardemon second, and that was for RE.12. So what he's saying, there's already a motion on the floor.

Chair Gort: So you're --

Ms. Méndez: What we're voting on then is RE.12 first. Okay.

Chair Gort: Okay. All in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Chair Gort: Okay.

RE.13 RESOLUTION 14-00208 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY MANAGER DANIEL J. ALFONSO, EFFECTIVE MARCH 4, 2014. 14-00208 Legislation.pdf 14-00208-Exhibit-SUB.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0071

Chair Gort: Mr. Mayor, you're recognized.

Mayor Tomás Regalado: Thank you very much, Mr. Chairman, Mr. Vice Chairman, Commissioners. As we announced last Commission meeting when you confirmed the appointment of City Manager Daniel J. Alfonso, I'm bringing today his compensation package. It's a resolution. As you all know, you have met with the Manager, it is exactly the same package that former Manager Johnny Martinez had. There's no addition, no changes at all, and the City Manager is okay with this compensation package. So you can -- the Commission can make a motion so we can start paying the Manager.

Chair Gort: Okay, you all have a copy of the agreement. Yes, sir.

Commissioner Sarnoff: Mr. Chair, can I be recognized?

Chair Gort: Yes, sir.

Commissioner Sarnoff: Earlier, I suggested that I think it's only appropriate that a person who has the stresses and strains of the City Manager should be provided a short- and long-term disability policy. I think I continue to support that, and I hope the other Commissioners would, as I think we dodged a little bit of a bullet with Johnny Martinez. The other thing I'd like to

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bring up is I think we should also include a 457 package, because there are -- City Attorney gets a 457 package, and if you've compared where our City Attorney -- I'm sorry -- our City Manager's compensation is, to say he's on the low end of the spectrum would be to pull the spectrum down. He's not even on the radar charts of compensation for cities that are a third of our size, and, you know, we're going to put a lot of stresses and strains on Danny, 'cause it's our nature, it's who we are, and I think we should compensate him fairly and directly for it, so I'm going to suggest to this Commission, certainly, we should give him a short- and long-term disability package, and I think we should also include, as we do with the City Attorney, a 457 package. And remember, we negotiated the City Attorney's compensation package. I don't mean this disrespectfully to Madam City Attorney at all, but I still think the City Manager's job is just a little more complicated than the City Attorney's job, and I'm an attorney, and I'll say that.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir, you're recognized.

Commissioner Carollo: Thank you, Mr. Chairman. Listen, if our City Manager is okay with this package, then I'm not going to argue against him, and say that he should be receiving more. However, I have a question, and this is to the Administration, and if the Manager wants to answer it or someone wants to answer it: Would you be the highest paid City employee with this package? Because it's my understanding in most private industries, the CEO (Chief Executive Officer), the head of the organization, is the highest paid, so will you be the highest paid City employee with this package?

Daniel J. Alfonso (City Manager): No.

Commissioner Carollo: You will not. So what -- and again, I'm not here to argue for the Manager that we should pay him more, that we should give him more, especially, you know, with the financial constraints that we have had over the past few years. But what I'm bringing is an issue of the structure that we have. I know we've tackled it a little bit with regards to our pay scales, our benefit packages, but I think it's not just about Danny and the City Manager; it's really, we need to really look at it in a broader view and see that there may be issues or at least unfairness with the way our packages are, you know. Is there -- the City of Miami also has other agencies, and they have executive directors. Do you know if any of those executive directors will be paid a lot more than this amount or are being paid a lot more than this amount ?

Mr. Alfonso: Commissioner, I don't have that information at the fingertips. I'll say that I expressed that I would accept the compensation of the current City Manager or the Manager that was here. I'm okay with that. If this Commission wishes to add something to it, I'm not going to argue against myself, I guess, but honestly, I'm okay with the compensation package and I don't need to be compared to, you know, others. There's employees in the City that may make more, they have more longevity and whatnot. I mean, those things happen, so it's okay.

Commissioner Carollo: Okay, I then -- I said if you're okay with it, then I'm not going to argue to give you more. However, I think this Commission as a whole needs to really look at the structure; needs to look at the City overall to see exactly what is the pay scales, what -- who's getting paid what, what packages are being offered, because I think, you know, just from a point of view of fairness, the City Manager should be the highest paid. And at the same time, I would think the City Manager of the City of Miami has a lot more responsibilities than any executive director from any other agencies. I'm going to leave it at that, and more than anything, I want it to be eye-opening for all the Commissioners, because -- you know, especially during budget times, we need to look closely at this, and I'll leave it at that.

Chair Gort: Let me tell you, if you recall, we created the Labor Relation Committee about a year and a half ago. I've been working with the yard, and there's a lot of changes that need to be

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done beneath me. I mean, we need to look into a lot of things. And I've been asking every director, “What changes you recommend we can do?” And the salary's out of whack is in here [sic]. It's something that we need to work on it; not only this, but everyone. Commissioner Suarez.

Commissioner Suarez: Thank you, Mr. Chair. You know, I listened to both of my colleagues, and I agree with many of the things that they articulated. I think having been tasked by this Commission on a multitude of different occasions to negotiate the salary of one of our constitutional officers, I've realized how difficult it is; again, for a variety of reasons. We are a large city, the largest in Metropolitan Dade County. But we're also one of the poorest cities; not only in the County, but in the country. So, you know, you're juxtaposing the responsibility of running the largest city with the reality that it's a poor city, and that makes for a very difficult compensation based on merit and based on what the responsibility is. First of all, I consider Danny, Mr. Alfonso, the City Manager, I consider him a true public servant. He's been someone who has served this community, not only as a City Manager briefly -- actually in two different occasions -- but he has served the City as CFO, Budget director; served the County in a variety of different capacities. I'm not sure if it was right out of the military or how long it's been, but I think your career of public service, if you include the military, is long and distinguished, and I think that's why he's here before us today saying that he accepts, you know, what the prior City Manager was being compensated. I think that's the true measure of a public servant; someone that says, “Look, I understand that I'm not going to get paid what I'm worth, but what I'm doing is not about the money necessarily. What I'm doing is about the service that I provide to the community, which is far greater compensation than the financial impact.” I think every single Commissioner here up on this dais has struggled to hire a chief of staff, for example, and I can tell you that I'm about to lose my chief of staff tomorrow. He's been with me for four years. He took a $50,000 pay cut from the private sector to come work for me; had to move out of his house and restructure his life, and I was very blessed that he was able to make that sacrifice, and that his wife was willing to go along with him in that sacrifice. He's now leaving for the private sector, and he's going to make easily double what we're paying him and probably a lot more than that. And I've been very lucky and blessed to have found a capable replacement for him; he's irreplaceable, but I found someone who can come close to replacing him, who has a lot of the same skills and attributes, but has made a life choice, as well, that, you know, the finances of their family are not going to be the predominant consideration when deciding what job they take, you know. So I kind of agree with Commissioner Carollo. I'm not going to argue with the Manager if he's willing to accept this compensation package. Do I think he's worth more than this? Do I think the job is more stressful? Do I think the responsibility is greater than the compensation? Absolutely; I think it's impossible to argue otherwise. One of the things that I have done in terms of -- I always love the comparison argument, because, again, I've been tasked multiple times with negotiating these compensation packages, and inevitably, the person I'm negotiating with comes and brings me 5 or 10 or 15 or 20 very favorable comparisons, and I bring 5 or 10 or 15 very unfavorable comparisons, and we start from there. And somehow, a lot of times, we meet somewhere in the middle. And it's something that is done by agreement, thankfully. Even in the most difficult ones -- and I've had some very tense ones where I've actually threatened to come to the Commission -- and we've come to an agreement on all of them; the City Clerk probably being the easiest one out of them all -- no offense, Madam Attorney. But, you know, it's a struggle, it's very difficult. I do agree with another point that Commissioner Carollo made, and I think it's an interesting one, and I think it does require more thought and more consideration, particularly in the City, and I don't know so much about the agency side, because I think those run differently and they have their different funding sources, and they're semi-autonomous, et cetera. But on the City side, we do need to look at that top-end compensation in terms of, you know, having a CEO that commands probably the highest salary. I know that some of the salaries that exceed his probably are based on overtime and a variety of other -- No? There's actual salary, salary, salary?

Commissioner Carollo: Yes.

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Commissioner Suarez: Okay. So we definitely need to look at that; I agree a hundred percent, because I think it sends kind of the wrong message. If we're setting -- as the Commissioner said, if we're setting the top -- salary of the top person at “X” number of dollars, then I think it stands to reason that everything should flow from that, unless there's some anomaly; in other words, like if somebody's working 95 hours a week and accumulating some overtime or something to that effect, then that might be -- that might -- I'm not saying that that is. I'm saying that might be a different example. But if there isn't, I would welcome that discussion very much, particularly on the City side. Thank you, Mr. Chairman.

Chair Gort: Thank you.

Commissioner Suarez: And thank you, Commissioners.

Chair Gort: I met with the Manager, and I agree with all of you. I think he's worth a lot more than what -- the package that we put together. But at the same time, I talked to him, and I tell him timing is very important in life, and decisions had to do with timing and things going on. I think as a whole, we have to look at the City as a whole. I mean, we got to restructure things, the whole City payroll and so on, and the salaries, and according to the ranges, according to the requirements, the education and the type of work they do. We need to do that, and we also have to see efficiency of the people that have the different titles. I think the Manager would have a -- I agree with both of you. I think the Manager at this time, he said he's willing to do it that way -- we can always -- according to performance. And I know it will take place, and we can make some other changes. Yes, sir, Commissioner Sarnoff.

Commissioner Sarnoff: Mr. Chair, before we take a vote, I would like to engage my fellow Commissioners one more time, and that would be that, you know, Danny -- before we fall into this cloak of Danny's humility -- and he is a very humble person and he's going to say what we want to hear up here -- and regardless of where you fall in the compensation package, and the fact that he doesn't have a similar compensation package to others, or that he doesn't have a retirement plan that is similar to others, I would hope that the Commission would at a very minimum -- at a very minimum -- consider the stress of that job and what it can do to him and his family so that if Danny were to fall ill for any reason that he would at least have a disability policy; not to protect Danny, 'cause we don't care about Danny, but we do care about his family. So, you know, I would still like to persuasively argue, Mr. Chair, that we should do something --

Commissioner Suarez: I would agree with that.

Commissioner Suarez: -- for his disability, and I think I'd win that argument hands down. But I still think we should consider at a very minimum a 10 percent -- not -- that would not be the highest, everyone sitting up here -- 457 plan that would at least give him an extra $20,000 of deferred compensation for his retirement. And let me just say why that's important. As Commissioner Suarez astutely points out, I think the average life expectancy of a Manager in the City of Miami is about 1.5 years and --

Commissioner Suarez: Depends on when the base year is, when you start from. If it's from 1997, it is; it's about one and a half.

Commissioner Sarnoff: So the point being it's obviously a job that has consumed many people, and it's a job that has left some people -- fall into illness, and I just think we have an obligation not to take care of Danny, but to take care of his family.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes, sir.

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Vice Chair Hardemon: When I think about the compensation that a public servant actually receives, I think that that person always makes a sacrifice, no matter what you're doing. You make a sacrifice if you are in City government; you make a sacrifice if you are a public defender, or a prosecutor, and when you go into the position, you realize that you are making that sacrifice. But there are times when even before the State legislature, even before the County, even before the City, where we have an opportunity to do things for our employees that make things better for everyone. And one of our jewels that I believe that we have in the City of Miami are our employees. If we don't take care of our employees, I believe they will go elsewhere in time; not tomorrow, not the next day, but we lose that knowledge base that we need to effectively run a city. And I do believe that we all agree that the salary is not the highest, nor do I want to make it that. But we realize also that the package has some deficiencies, and the type of deficiencies that they are, are things that Commissioner Sarnoff expressed; one being a 457 plan, and the other for the disability. The ironic part about the situation is that we're not talking about something that has not happened before, and we've had a City Manager whom all of us have had some affinity to fall disabled, maybe not coming back to his job, but returned. And there are people that speculate as to why he returned, but one of the things that we have to realize is that if he had a disability plan, things would have been so much easier on him and his family, 'cause not only does he have to worry about his health, but he has to worry about his career, and that's not something that is beneficial to his health, so it adds an extra stress. So if we're talking about providing disability insurance and some type of 457 plan to make this position more competitive, although we are not the richest city, although we are not in the best position, any time we have an opportunity to do something for our employees, all of our employees, I'm willing to stand behind that so that we can make that sacrifice. So, Commissioner Sarnoff, I support you in that endeavor.

Chair Gort: Mr. Manager.

Mr. Alfonso: Yes, Mr. Chairman.

Chair Gort: Did you want to speak or --?

Mr. Alfonso: Oh, no, the -- Commissioner Sarnoff made a comment about the 457. I just wanted to clarify the current allowable by law is 17-5, so it can't be the 10 percent.

Commissioner Sarnoff: Then I stand corrected (UNINTELLIGIBLE).

Chair Gort: Okay.

Commissioner Suarez: Mr. Chair.

Chair Gort: Yes, sir.

Commissioner Suarez: I personally -- I mean, if, you know -- again, I kind of fall -- I don't know if it's a right versus a left here today, 'cause I don't think there's a “versus,” but I think I'm more in line with Commissioner Carollo's thinking on this today, but my preference is not to do 457, because we struggled to take away 457 pretty much from every executive employee over the last four years, if I'm not mistaken, for a variety of reasons; one of which was the perception that it was a double pension, because people were receiving their original pension plus they were getting in addition to that what they call deferred compensation, which is what 457 is. So I'd almost rather it be a salary than deferred compensation for me, personally, and I think that's, you know, just a philosophical thing. If we're going to increase the salary, we'll just increase the salary; you know what I mean? If that's the will of this Commission, then that's the will of this Commission, rather than -- I just think that the perception sometimes among the public is that we do things that are less than transparent, you know, and I know we're being transparent,

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obviously, because we're talking about it here, but they don't -- it never filters down, you know, and so then what happens is later on in a story, it's, “Oh, the person's making two pensions; the person is this; the person is that,” you know, and it gets kind of lost in the shuffle. If we think that he's -- you know -- the compensation is off, then maybe we should do that. But to do 457 when -- I don't know if you recall. I think we took away 457 either little by little or in one shot from every single employee, if I'm not mistaken.

Commissioner Sarnoff: But we just negotiated the City Attorney's package, and she has a 457.

Commissioner Suarez: You have 457, really? Maybe we should take it away from her too.

Commissioner Sarnoff: I don't think she's ready for that.

Victoria Méndez (City Attorney): We're talking about the Manager here.

Commissioner Suarez: We're talking about the what?

Commissioner Carollo: The Manager.

Ms. Méndez: About the Manager.

Chair Gort: Vice Chairman, you're recognized.

Vice Chair Hardemon: Well --

Commissioner Suarez: That one slipped through the radar on me.

Vice Chair Hardemon: -- considering the fact that we -- I mean, we just discussed the package of our City Attorney, that's something that we should have vetted at that time --

Commissioner Suarez: Sure.

Vice Chair Hardemon: -- if that was so important to (UNINTELLIGIBLE) --

Commissioner Suarez: Yeah, it's my bad that I didn't.

Vice Chair Hardemon: No, and not saying it's your fault. I mean --

Commissioner Suarez: Yeah.

Vice Chair Hardemon: -- I wasn't here when you had that battle with the 457.

Commissioner Suarez: Right.

Vice Chair Hardemon: So I mean -- well, all of us don't receive pensions, 'cause I know none of us sitting up here, except for one of the -- one of these gentlemen in the future, but he doesn't get his -- he doesn't get the benefit of it now.

Commissioner Suarez: Right.

Vice Chair Hardemon: And that's something that I think that we should address in the future also.

Commissioner Suarez: Right.

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Vice Chair Hardemon: The fact of the matter is when you -- every other employee receives some -- I don't want to say “every other employee” -- but many employees receive some type of pension, and when you commit yourself to the City of Miami, you should receive some type of pension in the future, especially when it's not hurting the City, it's not something that is a deep financial strain, compared to other pensions that are out there in the community. So I stand by what I said before; however, I'm always willing to make compromises when it comes to the brotherliness of this Commission.

Chair Gort: Okay.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Yes.

Commissioner Sarnoff: The 457 that I'm suggesting, I don't think -- I think everybody's operating under -- I think it's a misconception and that is that Danny even gets any kind of pension. He does not.

Commissioner Suarez: None?

Commissioner Sarnoff: None; he gets zero.

Commissioner Suarez: He's not in GESE (General Employees & Sanitation Employees)?

Commissioner Sarnoff: Correct.

Commissioner Suarez: Right.

Commissioner Sarnoff: He gets zero. So --

Commissioner Suarez: So then under that premise, then I think it would be fair, 'cause that would be --

Commissioner Sarnoff: Right. The 457 would be his --

Commissioner Suarez: The pension.

Commissioner Sarnoff: Right.

Commissioner Suarez: Right.

Commissioner Sarnoff: Well, be his benefit, not his pension.

Commissioner Suarez: It's like a 401k, but it's just --

Commissioner Sarnoff: Yeah.

Commissioner Suarez: -- a different kind, right.

Commissioner Sarnoff: It's the government's version of a 401k.

Commissioner Suarez: Fine, I'm okay with that.

Vice Chair Hardemon: So move it then.

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Mr. Alfonso: Yes, I do -- there is in the package there a 401. I currently -- as a City executive that came after a certain date, we don't get the normal pension plan as a defined benefit that the other employees have, so we have a 401 type plan, and in this package, there is a 401 there.

Commissioner Suarez: That's what I'm saying; the 457 would be supplement to the 401.

Chair Gort: Yes, Mr. Mayor.

Mayor Regalado: I just want to point out that the cost of the disability insurance, which the Manager doesn't have, nor the former Manager, is between 800 and $1,000 a month.

Commissioner Suarez: Yeah, I mean, that's --

Mayor Regalado: That is --

Commissioner Suarez: -- 12,000, yeah.

Mayor Regalado: That is --

Commissioner Suarez: So we can call it a day there. I think we're all in agreement.

Mayor Regalado: -- the cost of the disability insurance, so that would be around 10,000 [sic] a month for disability insurance.

Commissioner Sarnoff: I think, if they gave Danny a physical, it might be more.

Commissioner Suarez: No, it's eight --

Chair Gort: Danny, I'm glad he's your friend.

Commissioner Suarez: -- hundred a month. Madam Attorney, we need to talk after this; just FYI (for your information). You're not getting out the hot seat on this one.

Chair Gort: Let me tell you, disability -- I'm not worried about Danny.

Commissioner Suarez: Well, why don't we do this, 'cause I think --

Chair Gort: I think where he's been before -- if he didn't get disability where he was before and where he served for six years and he could take it, I'm sure he could take this, and I discussed it with him, and I think he's going to be one of the best Manager we going to have here, and he's going to prove himself. Matter of fact, I told him I'll become his manager, because he's going to get a lot people after him.

Commissioner Suarez: Mr. Chair, if I may?

Chair Gort: Yes, sir.

Commissioner Suarez: I just -- look, I think we're kind of a little bit in a stalemate, and I think -- I know I can live with, you know, a disability payment, which would be, you know, roughly $12,000. It's not the full 17-5, but it's pretty close. And I think -- from my perspective, I agree 1,000 percent with Commissioner Sarnoff that -- and I've said this before, not only to Danny when he was nominated, but also to, you know, Manager Martinez, that this is a monumentally stressful job, no matter how good you are at managing stress. And I know there's people that are phenomenally well at managing stress. It is still a very stressful -- you know, 24/7, nonstop. You know, you don't -- you may not have real bullets flying at you, but you certainly have virtual

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bullets flying at you constantly. So I would concede to that.

Chair Gort: Okay.

Commissioner Sarnoff: So now that -- I think there are probably three votes for the deferred comp -- I'm sorry -- for the disability. Is it just not simpler -- Danny, your base salary is 195? I just think it's appropriate that he be in the two's; anybody okay with a $10,000 bump in salary? I mean, this way, it's not like deferred compensation. You call it what it is; it is what it is, and he should be -- Danny should be a -- I actually think he should be at 225, but I get -- as I put it, my colleagues to the right, I understand their concerns.

Commissioner Suarez: Let's do -- what about 199? One ninety-nine plus twelve thousand is seventeen thou -- sixteen thousand of the deferred comp that you wanted, which was seventeen thousand five hundred, the limit.

Commissioner Sarnoff: Commissioner Suarez, you are a shrewd negotiator.

Commissioner Suarez: One ninety-nine, which is an extra four thousand, plus the twelve thousand is sixteen thousand. You're 1,500 away from the 17,500 maximum for a 47 -- for a 457.

Commissioner Sarnoff: I'll even make that motion.

Commissioner Suarez: There you go; second.

Chair Gort: Okay, there's a motion; there's a second; any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Mr. Hannon: As modified.

Mr. Alfonso: Thank you.

Mayor Regalado: As modified. Thank you very much --

Mr. Alfonso: Thank you.

Mayor Regalado: -- Mr. Chairman, Commissioners.

Mr. Alfonso: Thank you, Commissioners.

RE.14 RESOLUTION 14-00174 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS Program APPROPRIATIONS, ADOPTED FEBRUARY 27, 2014 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 14-00174 Summary Form.pdf 14-00174 Legislation.pdf 14-00174-Exhibit-SUB.pdf 14-00174-City Manager Memo-Substitution for Item RE.14.pdf

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Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0093

Chair Gort: We go back to All Aboard.

Commissioner Carollo: We still don't have Commissioner --

Chair Gort: We're ready.

Commissioner Carollo: What about Commissioner Suarez? I don't know.

Chair Gort: Does anybody know?

Vicky Garcia-Toledo: I don't think he's back.

Commissioner Carollo: I don't know.

Chair Gort: Okay.

Ms. Garcia-Toledo: We can wait if you wish to have all your Commissioners on the dais.

Chair Gort: RE.14.

Mark Spanioli: Good afternoon, Commissioners. Marc Spanioli, director of Capital Improvements and Transportation. RE.14 has a substitution. This is our capital appropriations item. Probably about half of it is for project transfers and the other half is for closed projects in Homeland Defense 3 that are being transferred to environmental remediation project.

Chair Gort: Okay. Thank you, sir. It's a public hearing. Is anyone in the -- like to address this issue? Okay, being none, showing none; board members.

Vice Chair Hardemon: I have a couple questions. The -- when we look at -- now -- someone told me this, but I just want to make sure on the record. Where, for instance, if you look at line 3, how it makes the transfer to the Coconut Grove Business Improvement District. Now, is that the business improvement district that is comprised of the private property owners that are giving their monies? Is that what that group is or is that some -- is that different?

Mr. Spanioli: No. Commissioner, the -- that just happens to be the name of our project, our sidewalk and roadway project.

Vice Chair Hardemon: Terrible name.

Mr. Spanioli: I know. It was -- it's probably a poor choice of names.

Commissioner Sarnoff: Trust me.

Mr. Spanioli: We create the names internally. For us the "B" number's the most important thing, but it's not -- it's -- we're not giving any funding directly to the business improvement district; not at all.

Vice Chair Hardemon: Okay. And another thing that I realize -- because this, of course, is a document that was created before the districts changed -- when I look at line 5 and line 9, there is an allocation from Shorecrest Roads Improvements Project that goes further down south to

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stay within district -- well, it's now in District 5, but at the time that it was allocated, it was with Commissioner Sarnoff, and it moves to continue his work in his district. I just want the Shorecrest community to realize that I noticed that, I see that, but we have enough dollars within District 5 as it is to tackle some of our -- well, to tackle our road improvement projects, and I know, CIP (Capital Improvements Project), you've agreed to help me with that in a show of camaraderie to the Commissioner to my left to show that -- you know, I want him to be able to complete his projects within his district to best utilize the money that he thought he had in the first place and not to allow the invisible line that separates us to be something to fight over. So I just wanted that to be put on the record.

Mr. Spanioli: Thank You.

Chair Gort: Okay. Mr. Clerk.

Todd B. Hannon (City Clerk): Yes. Thank you, Chair. Excuse me, Mr. CIP Director, I believe there is a substitution regarding the amendment for RE.14.

Mr. Spanioli: Yes, I did mention that at the beginning of the -- There is a substitution, yes.

Mr. Hannon: Okay. My apologies.

Mr. Spanioli: No, that's --

Chair Gort: Okay, thank you. Close the public hearings [sic]. Any further discussion?

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: Thank you, Mr. Chairman. Let me be perfectly clear. I have a huge problem with this agenda item. And I let the Manager know about this, and I will begin by saying that exactly what occurred is what I was speaking about not a month ago, not two month [sic] ago, not three months ago, not six months ago, not eight months ago, but in the February 14, 2013 meeting, and just to emphasize, the year 2013, and I will quote what I was saying. “I think it's embarrassing, and we should be up in arms when I am asking simple questions from our CIP Department, as simple as 'Listen, bonds, street bonds, it's pretty easy math.' We got 'X' amount. Let's say it was hundred. It if it was split by five -- five districts -- each of us got 20. All I'm asking is that 20 came in; show me all the expenses. What's your ending balance? Where are we? How much do I have? I have been asking for this for months. I still do not have an answer. Now, here's my problem and here's the bigger problem.” And I go into about constituents. “And I think it's embarrassing that I've been asking for months and months and -- regarding the different funding sources, the amounts that there is, the amounts that have been spent, and what's available, and I still don't have an answer.” Now, all of a sudden, we have to spend Homeland Defense 3 bonds. There was monies that was left over from a project that I was never told a year ago, two years ago, three years ago, four years ago, and all of a sudden, we have to spend it when I've been asking for this information long, long time ago. And then not even as a courtesy call to let me know, “Listen, we're taking that funding and it's going somewhere else.” Not even as much as a courtesy call to let me know, “Listen, we think the money should be spent here or there.” So let me ask you, Commissioners, how would you feel if that happens to you? How would you feel if, you know, all of a sudden, even though I've been asking for the information way over a year ago, now all of a sudden, “Oh, we have to spend this money, Commissioner; if not, we're going to lose it.” And they don't even tell you where they think it should be spent; you just see it in an agenda item.

Commissioner Sarnoff: Well --

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Commissioner Carollo: Not even a courtesy call.

Commissioner Sarnoff: I mean -- can I address that a little bit, Commissioner --

Chair Gort: Yes, you're recognized.

Commissioner Sarnoff: -- Mr. Chair? I mean, everybody sort of waits to hear what an appropriated project comes out with a hoping that there are savings so you can sweep that money -- I call it sweeping. I don't know what the right word is, Commissioner Carollo -- into either a new project or into something that you have a desire to do. I mean, I'll be candid with you, I didn't know about the sweeping until they started cleaning this up for their concern out of, I think, the Homeland Series 3, tranche three, because I think there were -- not IRS (Internal Revenue Service) implications but other implications that needed to be dealt with. I mean, I would have liked to have received this information somewhat earlier as well, but this is where we are and this is what we have. And if you're saying in the future you want to see things corrected -- I know you've said that before -- then, you know, I certainly join with you, but time is time, and what I'm told -- and I expect you're being the same -- told the same thing that I'm being told -- that the money needs to be spent by a certain date.

Commissioner Carollo: Beautiful. So let's say I'm going to take your way of thinking and, “Hey, let's move forward.” How 'bout a little courtesy call? "Commissioner, guess what? We didn't tell you for four years, even though you've been pretty much kicking and screaming, asking for the information. We didn't tell you for four years that this money was there." And you know what? Don't even ask me; ask our auditors. Our auditors said that in our last audited financial statements. And remember that we were late for some time, and the reason we were late was CIP and most of these projects that had never had been closed? Now, let's say I take your approach: “Okay, let's move forward.” How 'bout a courtesy call? "Commissioner, guess what? We have 'X' amount of dollars. Is there any projects that your constituents have called about that you feel you need to move forward now or can move forward?" Not even as a courtesy call.

Chair Gort: Commissioner.

Commissioner Carollo: How would you feel about that? 'Cause I tell you right now, I disagree with what the management pretty much is telling me that that money needs to go to. Not even as a courtesy call. Where's the communication? Listen, like I've said it many times during my four years and even today, I welcome discussion. I welcome debate. Communication. But how come -- not even a phone call? Not even a courtesy call? Come on, Commissioner Sarnoff. I know you better than that.

Commissioner Sarnoff: Well, I -- all I --

Chair Gort: Excuse me.

Commissioner Carollo: You know, I think you'd be a little upset.

Commissioner Sarnoff: -- could say, Commissioner, is I think I've been -- I think I've known this issue for four, maybe five weeks, and I'm just taking sort of a stab at this. I mean, obviously, it becomes more and more crystalized. I know I make myself, I think, very available to this Administration. I try to make myself very available to this Administration. I do not try to take calls; I try to do it in person. I try to do it with people walking me through documents as best I can. You're much more able to do than me. I'm not an accountant. I usually read the words. So I -- you know, every Commissioner, I guess, has their own style and their own manner. I -- like I said, I've known about this between four and five weeks.

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Commissioner Carollo: Regardless, I've been asking for this information well over a year ago, so whether it's e-mails (electronic), whether it's a phone call, whether it's in person, whatever method it is, it's unacceptable. And then to add to that, it's unacceptable that the first time that I hear about this is in an agenda item or -- well, yes, during an agenda item, yes. We discussed it with the City Manager during the briefing and -- I mean, make no mistake about it, I let our City Manager know this is unacceptable; not to mention, no, I don't agree. And by the way, even the agenda item that I have just got substituted. So if we really want to talk about five-day rule, I mean, I think it's time that we started exercising it a little bit. And I know -- listen, I know the game. They know that I really don't want to five-day rule this, because guess what? There's projects in your district; there's projects in your districts. So I know, I understand the game, but it's unacceptable.

Chair Gort: Okay.

Vice Chair Hardemon: Commissioner.

Chair Gort: Commissioner, let me -- go ahead, sir. I'll be last.

Vice Chair Hardemon: I completely agree with you, Commissioner Carollo. And I don't know if Commissioner Sarnoff is the person to answer those questions or those concerns, although he did volunteer his input, because, honestly, in the spirit that you said that you don't want to five-day rule this, I mean, I could think about a number of things that could easily be taken care of within the CIP budget and things that, when I campaigned that people wanted to be done, and this is an opportunity to get it done rather quickly. So there is a concern, in that sense, and I don't want to -- I can't speak of it with as much passion as you are because you've had this question lingering for a year now and I have not. So, I mean, it's no secret that I'm doing the best that I can to learn all the intricacies of this Administration and how we do things here, and I'd like to think that I'm doing a decent job. So -- but in what you're saying, I think he's absolutely correct.

Chair Gort: Commissioner, let me tell you, I have the same frustration you have. About a year and a half ago, there was some development that I want to do, certain areas in my district; there was no funds. There might have been a little bit of funds to do designs and so on. There was not enough funds to do the -- now they come up with this. Now, my question is -- and I don't know how it happened. Mr. Manager, what are you going to implement so this type of things do not happen again?

Daniel J. Alfonso (City Manager): Commissioner, Mr. Chairman, first, I'm going to say that I'm going to respectfully disagree with some of the comments that are being made. Commissioner Carollo and I have been going back and forth as to how to present the information that he has asked for. We have presented it in various forms, the last of which we sent to his office on February 28, which details the balances on the various accounts. We have met on numerous occasions to talk about the projects that are ongoing, the funds that have been spent on the projects, and what is remaining on those projects. I would agree that substituting an item that was submitted to agenda causes problems. I also agree that this item actually got put on the agenda very late in the process, like right before the print deadline. So, perhaps, some of the details of this particular agenda item were not fully discussed well ahead of time, but a lot of the information that has been asked for, for some time, I believe, has been provided. In terms of this particular item, what we're trying to achieve is we have bond monies that we borrowed a number of years ago. And according to the covenants of that borrowing document, it basically states that if we don't spend that money by a certain date or get those projects underway, we will take that money and defund those projects, put that money right back into principal and interest payments. I have no problems in doing that. I think that it's best to try to reallocate these monies around and direct it to projects that we need. We also have another one coming up. I made it clear to all of you. I think we met several weeks ago where we said we have the street bonds money; that we have a deadline coming up in December, and that number is going to be making this dwarf.

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I mean, that's a -- 30-some million dollars that has to be spent between now and the end of the year. Certainly, I understand that we need to improve our communications; that we need to bring the deadlines and for our submissions to agenda items; keep them; brief our Commissioners more timely; I fully agree, and I intend to do those things.

Chair Gort: Yes, sir.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: It's our second meeting with this Manager, so I'm not going to go back and forth with him in a tug-of-war. I'll say -- let's say, give him the benefit of the doubt, if he provide that information February of this year, that's a year afterwards. Let's start that way. So it's a year after I requested it.

Mr. Alfonso: Agreed.

Commissioner Carollo: And even then, I know there was -- there's been discussions on, “Hey, I” -- the differences in numbers, and accountants and financial people can argue that. But let's say, even if giving you the benefit of the doubt, it took a year, a year to get that information. Now, with that said, I know that Chris actually updated some of that information, and I'll be honest with you. In the last couple of months, I haven't been able to go through it, okay, in the last couple of months. But, realistically, it's take taken a year. Now, with that said, listen, again, I understand the game very well. You know that the chances of me five-day ruling this is probably not all that likely because there's a lot of other projects. However, what I'm going to ask my colleagues is that we table this item; that the Administration meets with me so we can discuss where to allocate some of these fundings [sic] that was left over; and from four years ago, no one mentioned anything, and I couldn't figure it out myself, because I've been asking for the information and never received it. With that said, I'll ask my colleagues if we could table this and leave it for the last item in this agenda so that I have time to discuss it with the Administration and make some adjustments on the floor.

Vice Chair Hardemon: May I ask a question?

Chair Gort: Yes, sir.

Vice Chair Hardemon: Are you saying --? Or do you mean continue it to the next meeting, or are you --

Commissioner Carollo: No.

Vice Chair Hardemon: -- saying just later on in this meeting?

Chair Gort: No, no, today.

Commissioner Carollo: Table it, unless you want to continue it to the next meeting, and I welcome that, but I'm trying to work with my colleagues.

Vice Chair Hardemon: I just ask that you meet with me also just briefly about it. Thank you.

Commissioner Suarez: Mr. Chair.

Chair Gort: Yes, sir.

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Commissioner Suarez: I don't have a problem with it being tabled. I don't know how many items are left. It doesn't seem like there's too many. I think there's a general sense of frustration with -- let me see how I characterize this.

Chair Gort: All of us.

Commissioner Suarez: I think we all share the same frustration, and I think at the end of the day, I recall a conversation where I was told that we didn't have any bond money, as you know, and then later on it turned out that we did have monies, and they were in different series of bonds, and they were whatever, and so this is an effort to reconcile and fix that, and I'm in favor of that, 'cause obviously, there's a variety of additional obligations that are contingent on that. Having said that, as Commissioners, our biggest priority is to serve our residents, and one of the biggest ways that we do it is through capital improvement projects. And they look at us and the buck stops with us, you know. If we don't get it done, they're not -- they don't understand the intricacies of government. They don't know what the City Manager does, or what the Capital Improvements director -- that you're the fifth Capital Improvements director in four years. I've tried. Believe me, I've tried to educate them on those issues, and they don't -- it doesn't -- they just want their problem solved. So, you know, the frustration, I think -- and I think, as a Commission, I have to say that, particularly over the last few months, I feel like we've been trying to spend down our funds, and we've done it in a less parochial way, and I think that's good. You know, I think that's been -- we've been kind of watching each other's backs, hoping that one day the boomerang will come back our way. I'm hopeful that, at some point, when I have to make that ask of, you know, whether it be general CDBG (Community Development Block Grant) dollars or whether it be program income, or whatever the case may be, that, you know, the same deference that was afforded to my colleagues will be afforded to our district, and I believe in everybody here, so I don't think that's an issue. But it is frustrating. And, you know, we've -- I've expressed that frustration to you, and this is the only opportunity that we have to kind of vent publicly and to each other, 'cause it's not like we're -- you know, we feel sometimes, I'm sure, like we're the only ones going through it. And then when we get up here and we hear everybody else is going through it, then we know that, you know, this is maybe a little bit of a bigger problem than what we may have thought individually it is, so.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: And again, Commissioner Suarez, I mean, I didn't go along the whole, you know, discussion item that we had before, but you were there mentioning your frustrations, other Commissioners were too, and again, if I'm just diplomatic and accept what the City Manager said, realistically, this is a February 14, 2013 meeting. I actually received the information February, I think he said, 28, 2014. That's a year later. And it's actually -- what? -- two or three weeks ago? I mean, come on. Come on. This is serious dollars here, you know, that could have gone to projects. Come on, guys. So, you know, this is the information I was asking before. I was looking already ahead so we wouldn't have this problem. So now what do we have? Last-minute, we have to spend down the money, and this is where you're going to send it. Bop, Agenda item. I mean --

Chair Gort: Okay, we have --

Commissioner Carollo: -- I even think that's disrespectful.

Commissioner Suarez: So let's continue it.

Chair Gort: We have a request to table this item. There was a motion and a second. So the maker of the motion, will you (UNINTELLIGIBLE)?

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Commissioner Suarez: I just -- I don't know what the value of tabling it is, because we'll only be tabling it for like --

Chair Gort: Well, he wants to have an opportunity to someone to sit with him and go over the numbers and so on.

Commissioner Carollo: Question, Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: Can the Administration answer, if we continue this to the next meeting, will we be in any --

Commissioner Suarez: Jeopardy.

Commissioner Carollo: -- jeopardy? I see Ms. Jackson.

Mr. Alfonso: You know, Commissioner --

Commissioner Carollo: Robin Jones Jackson waving (UNINTELLIGIBLE).

Mr. Alfonso: -- the money is being transferred to projects that are mainly in the park remediation issues. We're trying to get those projects ongoing, so, you know, we'll just wait two more weeks.

Commissioner Carollo: Even with the park remediation issue, which, by the way, I know it's a big thing in District 2, and I have a park in -- And by the way --

Chair Gort: Every districts.

Commissioner Carollo: -- another one in District 1, you know. I don't even have the breakdown of where that money; which parks is it going to. I don't even have an update of what's going on with Southside Park.

Commissioner Suarez: And have we already acquired a contractor to do the remediation work?

Commissioner Sarnoff: Yeah. As a matter of fact, think of it like as if there was Coral Gate Park in front of your house, so that has a great big fence all around it. So let me just leave it at that.

Commissioner Suarez: No, I understand.

Commissioner Carollo: Right.

Commissioner Suarez: I know what park you're talking about, and I hear the complaints as well, from my perspective, and I think -- my question is, you know, the -- what's on the table here is potentially deferring a capital improvement by two weeks. And my question is, if there are other things that are not in place, then it wouldn't be a delay. In other words, if we haven't procured someone to do the work, then it wouldn't be a delay to hold back the allocation for two more weeks is my issue.

Mr. Spanioli: If I may, Commissioner.

Commissioner Suarez: Commissioner, am I making any sense?

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Commissioner Sarnoff: Yeah.

Commissioner Suarez: Yeah.

Commissioner Carollo: Yes.

Commissioner Sarnoff: I mean, I don't know the answer to that question.

Commissioner Carollo: Because they have to do it through permitting --

Commissioner Suarez: Right.

Commissioner Carollo: -- and they have to do 20, 30, things that usually takes two or three months.

Mr. Spanioli: If I can answer your question regarding that. We do have contractors lined up. We have purchase orders pending to be issued.

Commissioner Suarez: Okay. Then that's different.

Mr. Spanioli: Gonna need this funding availability.

Commissioner Suarez: Then that's different.

Mr. Spanioli: We have done all the consultant work and the testing of some of the parks that were the first ones that came online that were discovered. Those are really, pretty much, waiting for this funding to become available in order for us to issue those purchase orders for them to begin the work.

Chair Gort: You're recognized.

Vice Chair Hardemon: So is your representation to us that there are no other funds that are available to have that work go along before this extra money is awarded to them?

Mr. Spanioli: That's correct, what we have available right now in our environmental remediation project number does not have sufficient funds to cover the upcoming work, so we would have to make these transfers in order for that to occur.

Commissioner Carollo: Right. But one thing is the upcoming work; one thing is to begin the project for two weeks.

Mr. Spanioli: We have --

Commissioner Carollo: This is two separate questions. Yes, you probably don't have enough sufficient funds for the upcoming work, all of them.

Mr. Spanioli: The upcoming work, meaning work that could potentially start tomorrow, construction work.

Chair Gort: That needs approval of this.

Commissioner Suarez: Listen, all I'm saying is I drive to work every day, and I pass 37th Avenue, and I pass that park. There better be a shovel in the ground between today and next Tuesday. I mean, next -- two Thursdays from now.

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Chair Gort: Okay, any further discussion?

Commissioner Carollo: It's going to be tabled until later, though.

Chair Gort: Okay.

Commissioner Suarez: That's fine.

Chair Gort: It's been tabled until later.

Commissioner Suarez: I'm fine with that.

Chair Gort: He's going to get together. Okay, thank you.

Commissioner Suarez: I mean --

Chair Gort: Are we all ready for All Aboard now? Okay.

Mr. Alfonso: Commissioners --

Later...

Chair Gort: It's -- are we ready --? I think we have one item left. Mr. Manager.

Mr. Alfonso: Yes. Yes, Commissioners, Mr. Chairman. We spoke to our District 3 Commissioner and we've reached a solution. There are two pieces in the allocation that pertain to District 3 and Mark's going to talk to you about them. We're going to remove those two items from the allocation and let the rest of the allocation go by and come back in the next meeting and allocate those. It's $102,000, roughly.

Chair Gort: Okay.

Commissioner Suarez: So moved.

Commissioner Carollo: Second.

Chair Gort: It's been moved and second.

Commissioner Carollo: Second as amended by the Manager.

Chair Gort: Discussion.

Mr. Spanioli: If I could just clarify. It's --

Chair Gort: Yes.

Mr. Spanioli: -- floor amendment to remove --

Commissioner Suarez: Move as amended by the Manager.

Mr. Spanioli: -- this number 38 and 39 from the appropriations.

Chair Gort: Does the maker of the motion understand?

Commissioner Suarez: Yeah, yeah, yeah.

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Mr. Spanioli: Of the substitution item, excuse me.

Commissioner Suarez: I do, I do.

Chair Gort: (UNINTELLIGIBLE), okay.

Commissioner Suarez: Thank you, Mr. Chair.

Chair Gort: The second? You understand? Okay, any further discussion?

Commissioner Suarez: No.

Chair Gort: Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Mr. Spanioli: Thank you.

Chair Gort: Is that it? Do I have a motion to adjourn?

Commissioner Suarez: Move to adjourn.

Chair Gort: Thank you. You all have a good one.

END OF RESOLUTIONS

BOARDS AND COMMITTEES

BC.1 RESOLUTION 14-00176 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Mercedes Lopez-Cisneros Mayor Tomás Regalado

Mike Margulies Mayor Tomás Regalado

Maria Napoles Mayor Tomás Regalado

Marie Vickles Vice Chair Keon Hardemon

Rachel Johnson Commissioner Francis Suarez

14-00176 Arts CCMemo.pdf 14-00176 Arts Current_Board_Members.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote.

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Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0094

Chair Gort: What do we have, the boards?

Commissioner Carollo: Let's do the boards. Let's knock 'em out.

Nicole N. Ewan (Assistant City Clerk): Good afternoon, Chair, Commissioners. BC.1, Arts and Entertainment Council, the Mayor will be reappointing Mercedes Lopez-Cisneros, Mike Margulies, and Maria Napoles; Vice Chairman Hardemon will be reappointing Marie Vickles; and Commissioner Suarez will be appointing Rachel Johnson.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Been moved and second. Any discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.2 RESOLUTION 13-01242 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Carol Gardner Vice Chair Keon Hardemon

Carlos Trueba Commissioner Francis Suarez

13-01242 Audit CCMemo.pdf 13-01242 Audit Current_Board_Members.pdf

R-14-0102

Nicole N. Ewan (Assistant City Clerk): BC. 2, Audit Advisory Committee. Vice Chair Hardemon will be reappointing Carol Gardener and Commissioner Suarez will be reappointing Carlos Trueba.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state

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it by saying "aye."

The Commission (Collectively): Aye.

BC.3 RESOLUTION 13-01243 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Ralph Duharte Chair Wifredo (Willy) Gort

Marie Louissaint Vice Chair Keon Hardemon

Marlene Avalo Commission-At-Large

13-01243 Bayfront CCMemo.pdf 13-01243 Bayfront Current_Board_Members.pdf

R-14-0104

A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust.

Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust. Vice Chair Hardemon will be reappointing Marie Louissaint and Commissioner Carollo will be reappointing to the at-large seat Marlene Avalo.

Commissioner Carollo: Move it.

Chair Gort: I'll be reappointing --

Ms. Ewan: I need a five-five term waiver for your appointment.

Chair Gort: Okay, we got to wait. Forget it. It's been moved. Is there a second?

Vice Chair Hardemon: Second.

Chair Gort: All in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Commissioner Carollo: We could come back later and --

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Chair Gort: BC.4. Yeah, yeah.

Later...

Chair Gort: Bayfront Park.

Ms. Ewan: Bayfront Park, which is BC.3, Chair Gort will be reappointing, with a five-five term waiver, Ralph Duharte.

Commissioner Carollo: Move it.

Commissioner Suarez: Second.

Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.4 RESOLUTION 14-00182 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Civilian Investigative Panel

14-00182 CIP CCMemo.pdf 14-00182 CIP Current_Board_Members.pdf NO ACTION TAKEN

Note for the Record: Per Miami City Code Section 2-33(k), Item BC.4 was continued to the April 10, 2014, Regular Commission Meeting.

BC.5 RESOLUTION 14-00177 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.

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APPOINTEE: NOMINATED BY:

Aaron Zeigler Vice Chair Keon Hardemon

14-00177 CEB CCMemo.pdf 14-00177 CEB Current_Board_Members.pdf

R-14-0095

Nicole N. Ewan (Assistant City Clerk): BC.5, Code Enforcement Board. Vice Chair Hardemon will be reappointing Aaron Zeigler.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Been moved and second. Further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.6 RESOLUTION 14-00178 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Lyse Cuellar-Vidal Mayor Tomás Regalado

Deidria Davis Vice Chair Keon Hardemon

Nathaniel Wilcox Vice Chair Keon Hardemon

14-00178 CRB CCMemo.pdf 14-00178 CRB Current_Board_Members.pdf 14-00178 CRB Memo and Resumes.pdf

R-14-0096

A motion was made by Commissioner Carollo, seconded by Vice Chair Hardemon, and was

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passed unanimously, with Commissioner Suarez absent, to appoint Deidria Davis as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Deidria Davis as a member of the Community Relations Board.

Nicole N. Ewan (Assistant City Clerk): BC.6, Community Relations Board. Mayor Regalado will be appointing Lyse Cuellar, and Vice Chair Hardemon will be reappointing Deidria Davis, which she requires a four-fifth attendance waiver, and he will also be reappointing Nathaniel Wilcox.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Chair Gort: Except for the one for four-fifth.

Ms. Ewan: We have a four-fifth.

Vice Chair Hardemon: No, no.

Ms. Ewan: Four-fifth is fine.

Chair Gort: We did?

Ms. Ewan: Yes.

Chair Gort: Sorry.

Commissioner Carollo: For Ralph, with need five-five, but here we have four-fifths.

Chair Gort: In the County, we need nine; for here, four. That's (UNINTELLIGIBLE).

Commissioner Carollo: There you go.

Ms. Ewan: Yes.

BC.7 RESOLUTION 13-01245 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Allyson Warren Mayor Tomás Regalado

Isel Fuentes Chair Wifredo (Willy) Gort

Magaly Van Gelder Chair Wifredo (Willy) Gort

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Constance Gilbert Vice Chair Keon Hardemon

Margarita Fernandez Commissioner Frank Carollo

Lyse Cuellar-Vidal Commissioner Francis Suarez

Connie Johnson Commissioner Francis Suarez

13-01245 CSW CCMemo.pdf 13-01245 CSW Current_Board_Members.pdf

R-14-0105

A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Allyson Warren as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Allyson Warren as a member of the Commission on the Status of Women.

Nicole N. Ewan (Assistant City Clerk): BC.7, Commission on the Status of Women. Chair Gort will be reappointing Isel Fuentes and Magaly Van Gelder, Vice Chair Hardemon will be reappointing Constance Gilbert, Commissioner Carollo will be reappointing Margarita Fernandez, Commissioner Suarez will be reappointing Lyse Cuellar and Connie Johnson.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Moved and second. Further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Later...

Ms. Ewan: And Chair, if I can go back to BC.7 and BC.9; I need a five-five term waiver on those.

Chair Gort: Okay.

Ms. Ewan: BC.7, Commission on the Status of Women, the Mayor will be reappointing, with a five-five term waiver, Allyson Warren.

Commissioner Carollo: Moved.

Commissioner Suarez: Second.

Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

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The Commission (Collectively): Aye.

BC.8 RESOLUTION 13-01246 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Mayor Tomás Regalado

Chair Wifredo (Willy) Gort

Vice Chair Keon Hardemon

Commissioner Marc David Sarnoff

Commissioner Frank Carollo

13-01246 CTAB CCMemo.pdf 13-01246 CTAB Current_Board_Members.pdf NO ACTION TAKEN

Note for the Record: Per Miami City Code Section 2-33(k), Item BC.8 was continued to the April 10, 2014, Regular Commission Meeting.

BC.9 RESOLUTION 14-00062 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Charles Flowers Vice Chair Keon Hardemon

Emanuel Washington Vice Chair Keon Hardemon

14-00062 EOAB CCMemo.pdf 14-00062 EOAB Current_Board_Members.pdf

R-14-0106

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passed unanimously, to appoint Charles Flowers as a member of the Equal Opportunity Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles Flowers as a member of the Equal Opportunity Advisory Board.

A motion was made by Commissioner Carollo, seconded by Vice Chair Hardemon , and was passed unanimously, with Commissioner Suarez absent, to appoint Emanuel Washington as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Emanuel Washington as a member of the Equal Opportunity Advisory Board.

Nicole N. Ewan (Assistant City Clerk): BC.9, Equal Opportunity Advisory Board, Vice Chair Hardemon will be reappointing Emanuel Washington, who requires a four-fifth attendance waiver.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Later...

Ms. Ewan: And BC.9, Equal Opportunity Advisory Board, Vice Chair Hardemon will be reappointing, with a five-five term waiver, Charles Flowers.

Commissioner Carollo: Move it.

Commissioner Suarez: Second.

Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.10 RESOLUTION 14-00179 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Eli Feinberg Mayor Tomás Regalado

Manuel Vadillo Commissioner Francis Suarez

14-00179 Finance CCMemo.pdf 14-00179 Finance Current_Board_Members.pdf

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R-14-0107

A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Eli Feinberg as a member of the Finance Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee.

Nicole N. Ewan (Assistant City Clerk): BC.10, Finance Committee. Commissioner Suarez will be reappointing Manuel Vadillo.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Moved and second. Further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Later...

Ms. Ewan: And one more. Actually, two more, I'm sorry. BC.10, Finance Committee, Mayor Regalado will be reappointing, with a five-five term waiver, Eli Feinberg.

Commissioner Carollo: Move it.

Commissioner Suarez: Second.

Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.11 RESOLUTION 14-00067 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

John Cunill Chair Wifredo (Willy) Gort

Eileen Broton Vice Chair Keon Hardemon

14-00067 Homeland CCMemo.pdf 14-00067 Homeland Current_Board_Members.pdf

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Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0097

Nicole N. Ewan (Assistant City Clerk): BC.11, Homeland Defense/Neighborhood Improvement Bond Oversight Board. Chair Gort will be reappointing John Cunill, and Vice Chair Hardemon will be reappointing Eileen Broton and Ola Aluko.

Vice Chair Hardemon: Move it.

Chair Gort: Been moved.

Vice Chair Hardemon: Uh-oh.

Chair Gort: Is there a second?

Vice Chair Hardemon: That's what -- it says “discussion.” Let's go -- Mr. Chairman, can we go to discussion before we --?

Chair Gort: Go ahead.

Vice Chair Hardemon: -- see what's going on? What's on your mind, Commissioner?

Chair Gort: Gentlemens [sic], come on up.

Vice Chair Hardemon: The names were -- it was just my two appointments?

Ms. Ewan: No. I have Chair Gort, who's reappointing John Cunill; you're reappointing Eileen Broton and Ola Aluko.

Vice Chair Hardemon: Ah, man. Let's table this till the next one, please.

Later...

Ms. Ewan: Okay, the only one that I have actually is tabled, which is the -- I'm going to go back to BC.11, Homeland Defense/Neighborhood Improvement Bond. Chair Gort will be reappointing John Cunill and Vice Chair Hardemon will be reappointing Eileen Broton.

Commissioner Carollo: Move it.

Commissioner Suarez: Second.

Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.12 RESOLUTION 14-00068 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN.

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APPOINTEES: NOMINATED BY:

Marleine Bastien Vice Chair Keon Hardemon

Arturo Noguera Commissioner Francis Suarez

14-00068 MIC CCMemo.pdf 14-00068 MIC Current_Board_Members.pdf

R-14-0098

Chair Gort: Okay, BE [sic].12.

Commissioner Carollo: BC.12.

Nicole N. Ewan (Assistant City Clerk): BC.12, Mayor's International Council. Vice Chair Hardemon will be reappointing Marleine Bastien and Commissioner Suarez will be reappointing Arturo Noguera.

Commissioner Carollo: Move it.

Chair Gort: It's been moved. A second?

Vice Chair Hardemon: Second.

Chair Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.13 RESOLUTION 14-00181 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Eli Feinberg Chair Wifredo (Willy) Gort

Anthony Luis Recio Commissioner Francis Suarez

14-00181 MSEA CCMemo.pdf 14-00181 MSEA Current_Board_Members.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote.

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Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0109

A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Miami Sports and Exhibition Authority.

Nicole N. Ewan (Assistant City Clerk): BC.13, Miami Sports and Exhibition Authority. Commissioner Suarez will be reappointing Anthony Luis Recio.

Commissioner Carollo: Move it.

Vice Chair Hardemon: Second.

Chair Gort: Been moved and second. Further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Commissioner Sarnoff: Can I ask you a question on that one? I know I'm somebody's appointment, but I don't remember whose.

Ms. Ewan: You are Commissioner Carollo's --

Commissioner Sarnoff: That's what I thought.

Ms. Ewan: -- appointment.

Commissioner Sarnoff: You wouldn't want to reconsider a better appointment, would you?

Chair Gort: No, that's all right.

Commissioner Carollo: You might just get your wish. Remember, you started that. You wanted to appoint me to that --

Commissioner Sarnoff: I'm waiting. I'm waiting.

Commissioner Carollo: The reason you got on there is because you wanted to appoint me a long time ago.

Commissioner Sarnoff: I promise; I'll never reappoint you.

Later...

Ms. Ewan: And BC.13, Miami Sports & Exhibition Authority. Vice Chair Gort -- excuse me, Chair Gort will be reappointing, with a five-five term waiver, Eli Feinberg.

Commissioner Carollo: Move it.

Commissioner Suarez: Second.

Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state

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it by saying "aye. "

The Commission (Collectively): Aye.

Ms. Ewan: Thank you, Commission.

Commissioner Suarez: Thank you.

Chair Gort: Thank you.

BC.14 RESOLUTION 14-00070 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.

APPOINTEE: NOMINATED BY:

Frank Fernandez Commissioner Frank Carollo

14-00070 PRAB CCMemo.pdf 14-00070 PRAB Current_Board_Members.pdf

Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0099

Nicole N. Ewan (Assistant City Clerk): BC.14, Parks and Recreation Advisory Board. Commissioner Carollo will be reappointing Frank Fernandez.

Commissioner Carollo: Move it.

Commissioner Sarnoff: Second.

Chair Gort: It's been moved and second. No further discussion. Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.15 RESOLUTION 13-00373 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

Jesus Permuy Chair Wifredo (Willy) Gort

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Neil Hall Vice Chair Keon Hardemon

Dean Lewis Vice Chair Keon Hardemon

Fidel Perez Commissioner Francis Suarez

13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf

R-14-0100

A motion was made by Commissioner Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Suarez absent, to appoint Jesus Permuy and Dean Lewis as members of the Urban Development Review Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on record for Jesus Permuy and Dean Lewis as members of the Urban Development Review Board.

Nicole N. Ewan (Assistant City Clerk): BC.15, Urban Development Review Board. Chair Gort will be reappointing Jesus Permuy, who requires a four-fifth attendance waiver; Vice Chair Hardemon will be reappointing Neil Hall, who requires a four-fifth attendance waiver and -- excuse me; he will be reappointing Neil Hall and Dean Lewis. Dean Lewis requires a four-fifth attendance waiver. And Commissioner Suarez will be reappointing Fidel Perez.

Commissioner Carollo: Move it.

Chair Gort: It's been moved.

Commissioner Sarnoff: Second.

Chair Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

BC.16 RESOLUTION 14-00071 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.

APPOINTEES: NOMINATED BY:

David Moore Chair Wifredo (Willy) Gort

Stuart Sorg Chair Wifredo (Willy) Gort

Charles Flowers Vice Chair Keon Hardemon

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Luis Garcia Vice Chair Keon Hardemon

Enid Lorenzo Commissioner Francis Suarez

14-00071 WAB CCMemo.pdf 14-00071 WAB Current_Board_Members.pdf

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

R-14-0101

Nicole N. Ewan (Assistant City Clerk): BC.16, Waterfront Advisory Board. Chair Gort will be reappointing David Moore and Stuart Sorg; Vice Chair Hardemon will be reappointing Charles Flowers and Luis Garcia; and Commissioner Suarez will be reappointing Enid Lorenzo.

Commissioner Carollo: Move it.

Commissioner Suarez: Second.

Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

END OF BOARDS AND COMMITTEES

DISCUSSION ITEMS

DI.1 DISCUSSION ITEM 14-00082 City Commission STATUS OF HIRING POLICE OFFICERS. 14-00082 Cover Page.pdf 14-00082-Submittal-City Manager Memo-Police Dept Hiring and Staffing.pdf DISCUSSED

Commissioner Suarez: What's next?

Chair Gort: Now going into discussion items. Commissioner Sarnoff, this is your item.

Commissioner Sarnoff: Chief.

Manuel Orosa (Chief of Police): Commissioner, good afternoon again. As we progress during our applicant process, we have -- since last Commission meeting, we've had -- we've hired two more officers, and we have eight pending medical. Out of these eight, we expect to hire all of them. We are -- as of today, we have -- out of the first batch of 362, we have 86 left in the process. At this stage in the process, we expect to hire 42 percent of those individuals, which equals 36.

Commissioner Sarnoff: (UNINTELLIGIBLE).

Chief Orosa: Right.

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Commissioner Sarnoff: And what do -- and those are not going to be laterals; those are going to be --

Chief Orosa: We have a mix of everything there.

Commissioner Sarnoff: What percentage are academy? What percentage are laterals?

Chief Orosa: I don't have those figures for you, but I'll give them to you.

Commissioner Sarnoff: All right. So are we beginning to make headway? I mean, if you project out --

Chief Orosa: We've been making headway since last year when we hired 110 the first -- the biggest year we ever had. But if these numbers hold true, we can hire 30 -- we've already hired I believe about eight of them. If we hired another 36 out of the first batch, that'll be into the 40s. The next batch, we can expect the same. And then the last batch, we can expect hopefully around the same, a little bit less. That'll put us in the 110, 120 that, remember, I mentioned to you all before --

Commissioner Sarnoff: And --

Chief Orosa: -- from this list.

Commissioner Sarnoff: -- this is how I've always done it, and correct me; I just haven't gotten my mind around any other way. We used to allocate for 1,144 officers, correct?

Chief Orosa: Correct.

Commissioner Sarnoff: But this year we allocated for how many?

Chief Orosa: Eleven seventy-nine.

Commissioner Sarnoff: Seventy-nine. Sorry; or 1,179. So if we add the 36 officers, you're saying, you obviously go past your 1,144, which you've never -- we've never had 1,144 officers hired in the City of Miami.

Chief Orosa: No.

Commissioner Sarnoff: And then you're saying we could get to 1,179 by when?

Chief Orosa: We should be getting by that by the end of the second batch or somewhere in between the second batch, which would be -- which would start in April and we expect to end around June.

Commissioner Sarnoff: Yeah. I'm sorry. I yield.

Commissioner Suarez: No. I just want to make sure that -- you know, first of all, I commend you for continuing to bring this issue, 'cause it's an issue that we've dealt with for a long time. I just want to make sure -- my only comment -- I only have one comment, which is that the officers that are being hired, I presume are officers that are going to be on patrol in the street?

Chief Orosa: Commissioner, everything is going on patrol.

Commissioner Suarez: I just want to make sure, because there's a mix, you know what I mean, in

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terms of -- 'cause we're talking in generalities about the aggregate number of 11 -- whatever, to 1,179 and all that stuff. So what I'm just hoping is that to the extent that we make progress that progress is going directly to where we want it to go, which I think is to the street.

Chief Orosa: My goal is for everybody that gets hired is going to go into uniform service.

Commissioner Suarez: Perfect. And I think that is exactly what we're looking for, and we'll keep monitoring the numbers, and we'll keep pushing, and we'll keep allocating, and we'll keep doing more and more and more and more and more and more until we get to the number that we want to get to. That's what we're going to do.

Chief Orosa: Okay.

Commissioner Sarnoff: So can I say this, chief. Do you anticipate (UNINTELLIGIBLE) you said by June you would have -- by June your second list is done, right?

Chief Orosa: The second batch.

Commissioner Sarnoff: Second batch. The second batch is done?

Chief Orosa: Correct.

Commissioner Sarnoff: Which means you have made conditional offers?

Chief Orosa: Yes.

Commissioner Sarnoff: So by the time we get to budget August, September --

Chief Orosa: We would be in the last part of the last batch or maybe even done with the list.

Commissioner Sarnoff: We would be done with the last part of the last batch, which the batch you're referencing, or even done with the list, but not have hired them?

Chief Orosa: No, no, no, no. I mean --

Commissioner Sarnoff: Oh, you're going to hire them?

Chief Orosa: Yeah, yeah.

Commissioner Sarnoff: You would -- then you'd be able to say, “I have 1,159, but 20” -- I'm just using --

Chief Orosa: I would be able to say, “I need more money, because we have more people than we have room for.”

Commissioner Sarnoff: Okay. I just want to make sure that comes forward around budget time.

Chief Orosa: Hopefully. We're speeding the process as much as we can to try to get rid of this list before budget time.

Commissioner Sarnoff: I know you say, “hopefully,” but I got to tell you, everybody here is good at -- We can all count backwards, because we know election day and we know how to make sure everything happens prior to election day. You need to look at budget season so that you can say to us, “I could hire 30, 40, 50,” whatever that number is, “more, but I would need 'X' to hire those” -- “them” -- I'm sorry -- 'X' to hire that many more.” And I'm asking you to work

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backwards. I'm sure Danny Alfonso can sit with you and tell you the exact date that he anticipates a budget conversation. I just want to make sure you're like, “Oh, Commissioner, I wish I got that information beforehand, 'cause I'm two weeks away from that.” I don't want to hear anything like that.

Chief Orosa: We anticipate that right around budget season, we would have a very good grasp on what are we going to need to be able to continue hiring. Because my goal is to finish this list, be able to come back and say, “Mr. Manager, I need 10 more, 15 more slots because I got people waiting.” And then when we achieve that, we continue, because the next year, we're going to have some people leaving the DROP (Deferred Retirement Option Plan), so as this year.

Commissioner Sarnoff: All right. Last thing, chief, and I know you kind of broach it, but to me it's not expressly clear. Can you, on your graph, just give us your anticipated losses? You know how your graph doesn't -- you'll put down “separated,” meaning it's already happened, but you have a good idea of what's going to happen, not by discipline but simply by DROP. Can you give us anticipated losses in a column?

Chief Orosa: I can give you what is etched in stone as expecting.

Commissioner Sarnoff: That's okay too.

Chief Orosa: But because of, you know, things that just happen; people decide to leave before for whatever reason, other than what usually is expressed here; that they go to get better jobs someplace else, which that's not the case.

Commissioner Sarnoff: But I think it's a worthwhile column --

Chief Orosa: Okay.

Commissioner Sarnoff: -- is what I'm saying. Because let's just say you come back next time, or even in two more times, and you say, “40 hired,” which is not that far-fetched. But then somebody would see -- let's say -- I'm using as an example. Let's go to October 1, 2014, anticipated loss: 150 or -- I'm just using big numbers. That would tell us that we have to work towards a date very quickly.

Chief Orosa: What I'll do is I'll create the graph to finalize the year, and I'll plug in the DROP numbers --

Commissioner Sarnoff: Okay.

Chief Orosa: -- but nothing else, because, you know, we don't know (UNINTELLIGIBLE).

Commissioner Sarnoff: No, they could DROP earlier, but they can't DROP later than.

Chief Orosa: Correct.

Commissioner Sarnoff: okay.

Chair Gort: Okay.

Commissioner Sarnoff: Thank you, Mr. Chair.

Chair Gort: Any questions? Commissioner Suarez.

Commissioner Suarez: I just want one last one, which is that you just explained about two new

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officers coming onboard. I just want to make sure that that's a net number, that we're not losing more than we're getting. 'Cause sometimes we talk about coming on board, but we're not talking about the net number. I just want to make sure that that --

Chief Orosa: That is a plus.

Commissioner Suarez: Plus.

Chief Orosa: But keep in mind, these numbers are fluid.

Commissioner Suarez: That's a plus as of that day, the day you generated the report.

Chief Orosa: Yes.

Commissioner Sarnoff: So the real number's 1,181 now?

Commissioner Suarez: Well, I think what I'm getting at is -- and I think the chief just said it, which is --

Commissioner Sarnoff: I'm sorry. It's not (UNINTELLIGIBLE).

Commissioner Suarez: -- it's a fluctuating number.

Chief Orosa: Let me give you an example. We have 65 vacancies, correct, as of the day of the report. As of this morning, we had 59 vacancies.

Commissioner Suarez: So that's plus six.

Commissioner Sarnoff: Okay.

Chief Orosa: Correct.

Commissioner Suarez: From the day of the report.

Chief Orosa: Correct.

Commissioner Suarez: So --

Chief Orosa: But, you know, it's a fluid number. That's why when they -- when you all started asking me, “We want precise, up-to-date numbers,” you know, I was very skeptical. I can just give you a picture of what happened a particular day, but --

Commissioner Suarez: And --

Chief Orosa: -- everything changes.

Commissioner Suarez: -- you know, the Manager and I have had this discussion over many, many -- you know, all the time that he's been here in terms of budgeting, so we have to give you some leeway on that. I just think for the -- for Commissioner Sarnoff and I, for us, we have to be heading in the direction. You know what I mean? It's like we know that it's a little bit of a blip, but we have to be able to track the progress. And at some point, we're going to eclipse that high number, and we expect to eclipse it by 200 more officers. I'm assuming that we're still at -- yeah. So -- I mean, we want that per officer per thousand resident -- you know, patrol officer per thousand resident number to continue to climb to where we expect it to be, irrespective of the peaks and the valleys that are -- go along the way.

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Chief Orosa: Correct.

Commissioner Sarnoff: You could start handling this. You do that much better than me.

Commissioner Suarez: No, no. No, I don't. No, I don't. I don't have your stick-to-it-ness [sic]. I don't have your doggedness, no.

Chair Gort: Okay, any other questions? Thank you, chief.

Chief Orosa: Thank you, sir.

DI.2 DISCUSSION ITEM 14-00093 City Manager's Office PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS:

- ARTS AND ENTERTAINMENT COUNCIL - COMMUNITY RELATIONS BOARD - EDUCATION ADVISORY BOARD - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD - HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD - LIBERTY CITY COMMUNITY REVITALIZATION TRUST - MIAMI SPORTS AND EXHIBITION AUTHORITY - OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD - PLANNING, ZONING AND APPEALS BOARD - WATERFRONT ADVISORY BOARD

14-00093 Memo - 2013 Annual Board Reports.pdf 14-00093 Board Reports After 02.04 Memo.pdf DISCUSSED

Chair Gort: Okay, we're on. The first item after lunch, we said it was going to be the committees' report. I'm going to get a list. Okay, which committee's ready to give their report? Let's go.

Jose Solares: Good afternoon, Mr. Chairman, Commissioner Carollo, Commissioner Hardemon. Okay, we'll go, we'll start. Good morning, how are you. I wasn't saying hello to you.

Chair Gort: D1.2 [sic], yes.

Mr. Solares: Okay. We are here -- Bob Powers and I are here representing the Bond Oversight Board and we're supposed to report --

Vice Chair Hardemon: Can you get closer to the mike, please?

Mr. Solares: Sure. We're supposed to report on when the board -- the Oversight Board, it was created in 2001. This year 11 projects were presented to us; 8 were approved or recommended; 2 were rejected; and 1 was presented to us after the Commission approval, so it was just for information only. Next question, whether the board is serving the current community need. We believe so. We have done an excellent job. The board has done an excellent job. Looking out City of Miami Page 107 Printed on 4/4/2014 City Commission Meeting Minutes March 13, 2014

the different projects, working very close with the CIP (Capital Improvements Project) Department to be sure everything is correct, whether the jobs become jobs or if we go with bid. Most of them we go with bids. It's not supposed to go. Okay, I'm sorry. It was from my text. And many times from during the other committee meeting, we just go ahead and meet with the CIP, and just we discussed the issues that were presented to us at the meetings, you know, the issues, how they might be resolved. And the next question is whether there is any other board which is public or private which will do a better job than the Bond Oversight Board. We don't believe so, okay. The City, on December 12, 2013, extended the existence of the Bond Oversight Board until December 2014. And whether the board's membership requirements should be modified, no, we don't agree -- we don't believe that it has to be modified. There is no cost to the City. We don't get paid for participating on the board, and we -- it's on a voluntary basis. I want to commend every board member that is participating on this board. They're all very active. They're always bringing new ideas and always questioning the different projects.

Chair Gort: Thank you, sir. First, I'm the one that wants to thank all the volunteers of the board members. People need to understand, you using your own time to come and serve the residents of the City of Miami. We here at the Commission really appreciate your work. And I know you're the Oversight Board; I read your reports. And I know you really been looking at the bonds and make sure that the bond funds are used -- utilized the way it's supposed to be. Is any question from any Commissioner? Thank you, sir.

Mr. Solares: One thing I want to add, I brought my niece from Spain.

Chair Gort: Yes.

Mr. Solares: She's an architect, and she wanted to come see how government works in here, and I invited her to come here to see how good the City of Miami works.

Chair Gort: What's her name?

Mr. Solares: Her name? Marta.

Chair Gort: Marta, you're welcomed to the City of Miami.

Vice Chairman Hardemon: Bienvenidas a Miami.

Chair Gort: Bienvenidas, that's very good. Thank you, sir.

Mr. Solares: Thank you.

Chair Gort: Next.

Mr. Solares: That's it.

Chair Gort: Next board. Don't be shy.

Allen Pruett: I'll step up. Good afternoon, Mr. Chairman, members of the Commission. My name is Allen Pruett, 3794 Irvington Avenue. I'm the chairperson of the Waterfront Advisory Board. Our board is important, in my mind, in that it provides a vehicle for getting information out to people about activities going on in the waterfront. You have my report. I'm not going to go through it in detail. What I really want to do is ask for your help. We have in the coming months, coming years, very important projects, as you know, coming up here on the Coconut Grove waterfront. It's important that our board serve as a vehicle for that information getting out to the public. Right now I've got, by my own informal calculations, 5 out of my 12 board members who do not seem to meet the attendance requirements of the board. That makes it very

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difficult for us to achieve a quorum; without a quorum, very difficult for us to serve our purpose. So I ask your help, and I will speak with each of you in regard to prospective members, but we need to make sure that our board is full to its capacity so that we can serve that function.

Chair Gort: My suggestion, any of the nominees that we have and they're not complying with the regulations, please let us know, and I'm sure the City Clerk will also let us know.

Mr. Pruett: I will certainly do that.

Chair Gort: (UNINTELLIGIBLE) they comply.

Mr. Pruett: I will do that. Thank you, sir.

Chair Gort: Thank you, sir. Any questions? Thank you, sir. Next.

Janice Talbert: Good afternoon. Janice Talbert, 2520 Southwest 24th Terrace. I'm chairperson of the Planning, Zoning Appeals Board. You have my report in front of you. If you have any questions, just let me know. The PZAB (Planning, Zoning & Appeals Board) is an integral part of the total process of planning and zoning. Is the board serving the purpose for which it was created? Yes, we definitely are. Is the board serving current community needs? Yes, we are. I -- one of the major accomplishments, we had 20 regular scheduled meetings here, a total of 75 items; 1 workshop doing -- on the sign regulations, which I think you're hearing today. The functions of the PZAB are unique, and all our members are fantastic. We have great attendance. And one of the items that I think we're most proud of is the -- when an applicant or developer comes before the PZAB and they have not met with the residents or the homeowners association, we have actually continued and asked them to come back after they meet with them to work out any problems. Should the ordinance creating the board be amended to better enable the board to serve the purpose for which it was created? No. And should the membership requirements be modified? And again, I would have to say no. So if you have any questions, I'm here.

Chair Gort: Thank you, ma'am, and I appreciate it. Being there, I know the work that you guy do, and you help us quite a bit because, first of all, you make sure that the -- they go to the communities, and they talk to the community; they get the input from the community, which is very important. Sometimes that makes the project a lot better.

Ms. Talbert: Correct. Because some of the residents, you know, they get the card. They don't understand what's going on so they come to us and we tell them you have to talk to the applicant/developer. They work out the issues and then they come back.

Chair Gort: Well, thank you very much. Any questions?

Ms. Talbert: Okay.

Chair Gort: Thank you.

Ms. Talbert: Thank you.

Chair Gort: Appreciate it. I didn't expect you to be the shy one. Go ahead.

David Young: I am. I'm very, very shy.

Chair Gort: Uh-huh.

Mr. Young: I'm David Young. I'm going to give my office address, 'cause my other half is a judge, and I don't want to public record where we live, 'cause we did have a visitor once and

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that's not a good thing. Two South Biscayne Boulevard, Suite 2100, Miami, Florida 33131. Behind me is our chair, Carlos Morales. Where is Carlos? He's our chair of the Community Relations Board. We have our immediate past chair, Andres Lemos, and Michael Barket. It has been a pleasure serving on this board, Chairman Gort, and it's a pleasure because we're working with individuals who really care about our community. And because the enthusiasm that we see when we have our meetings -- and we have fairly good attendance -- we have, I believe, supported this Commission's goal and its mission statement for the Community Relations Board, and that mission statement is the CRB's (Community Relations Board) mission is to foster mutual understanding, open-mindedness and respect of persons regardless of economic, social, religious, ethnicity, or sexual orientation by serving as advocates for both the City of Miami and its residents. There is a partnership which, according to the founding principles of the Community Relation Board, is that we're supposed to help and assist you, the members of the City Commission. And because of the service that we're supposed to provide, we are being hampered with the fact that we operate under no budget. The County has a budget of $132,000 for its CRB, which includes staff. We're in such a situation where we can't even make copies of anything 'cause we have no budget. And in spite of that, let me tell you the things that we've done without any money, which you can imagine what we could do if we did have some money. We have participated in the Gun Buy Back program. We participated and hosted groups at our meetings of different community organizations. We have kept in constant communication with NET (Neighborhood Enhancement Team). We have constant communication through Mr. Barket and through me with our police. We've had the chief and his designees at several of our meetings. We participated in a Blocks Box event. We have constant communication with the County CRB. We've been on a panel discussion, a County-wide panel which took place in the City dealing with gun violence. And we've held meetings in every Commissioner's district and invited the Commissioner and his or her staff to participate in those meetings. You're looking at me saying, “I don't get that.” I can just read you these things. You never got the information. Check with your staff, 'cause we have sent them; right, Madelin, who's our --?

Chair Gort: I will.

Mr. Young: -- who sends -- staff, everybody. Now, what we are doing -- what our newest project is, and I'm very excited about -- and we're starting with Commissioner Carollo's district -- this Saturday we are going to be walking the business -- we're going to be walking on the main streets and speaking to business people and -- commerce.

Unidentified Speaker: Commerce.

Mr. Young: Commerce. And we're going to be asking them, “What can the City do better? What can we do to make your life as our business people easier? Do you have problems with regulations? Do you have problems with signage? Do you have problem with trash pickup? What can the City do to be city-friendlier?” And while -- we're doing this without any money, whatsoever. And we invite the Commissioner to come along with us, and it would enhance us if you guys would come with us, 'cause it'd be wonderful.

Commissioner Carollo: Actually, if you stop by my office, I could give you a list of all the things that the City could do better and when -- they're complaints so thank you.

Mr. Young: I'd be more than happy to, Commissioner.

Commissioner Carollo: You know, I -- if you read El Nuevo Herald, you'll see one of the issues that happened just a few weeks ago.

Mr. Young: Well, that's why we need better communication, and it's our fault, 'cause I'm always take -- everyone blames David for anything any ways, so it's okay. It's my fault. And we'd love to do that and form a true partnership. But in order for us to continue and to expand our role,

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we need money. We have $2,000 pledged to us from the Mayor. We have $2,000 from -- pledged to us by Commissioner Suarez. Commissioner Sarnoff told me he was going to give some money as well. But we need to have an operating budget. We have a part-time staff person who -- it's impossible for her to do her job in NET and to take care of the Community Relations Board. We're not asking for a lot of money. I'm not asking for hundreds of thousands of dollars. Fifteen, twenty thousand dollars would really help a long way in promoting the purpose of our board , and that's to be a gatherer of information, to diffuse any potential conflict which occurs within our city, and that's why we were founded. It's great -- it's been a great honor and a great service being on this board and helping you do your jobs so eloquently and so well.

Chair Gort: Judge, thank you. I appreciate it. And --

Mr. Young: Thank you, Commissioner Gort.

Chair Gort: -- I'm sure my office will be contacting you and the whole board, and we're going to be getting together with you.

Mr. Young: Thank you very much.

Chair Gort: Thank you.

Mr. Young: Thank you very much.

Chair Gort: Any other questions?

Unidentified Speaker: Please join us Saturday morning, 9 a.m.

Commissioner Carollo: I will not be in town, but someone from my staff will be there.

Unidentified Speaker: Great. Thank you.

Mr. Young: Fabulous. Thank you, Commissioner.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes.

Vice Chair Hardemon: I don't get this opportunity much to say this to a judge, but "you are excused."

Mr. Young: Thank you, Commissioner, a pleasure. The contempt to it will be momentarily.

Unidentified Speaker: You should hold him in contempt, Commissioner. That's what you should have done.

Chair Gort: Thank you. Any other board present that would like to make a presentation? You have tab of the ones that have made their presentations, right?

Todd B. Hannon (City Clerk): Yes, sir.

Chair Gort: Thank you.

Vice Chair Hardemon: I -- and I --

Chair Gort: Yes.

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Vice Chair Hardemon: For the Overtown Advisory Board, I'm currently looking into the structure to make sure that it is what it needs to be and how it's serving the Overtown community, so at this point, they won't be presenting just yet, okay?

Mr. Hannon: Good to go, sir.

Chair Gort: Okeydoke.

DI.3 DISCUSSION ITEM 14-00106 Department of Human DISCUSSION REGARDING A FICA ALTERNATIVE PLAN. Resources 14-00106 Summary Form.pdf 14-00106 Memo - FICA Alternative Proposal.pdf 14-00106-Xavier Gonzalez-eMerge Americas Marketing Presentation.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.3 was deferred to the March 27, 2014, Planning and Zoning Commission Meeting.

END OF DISCUSSION ITEMS

PART B: PLANNING AND ZONING ITEM(S)

Chair Gort: DI.1. Wait a minute. We have a -- we have PZ.1. PZ.1.

Todd B. Hannon (City Clerk): Excuse me, Chair. Before we begin, Madam City Attorney, do you need to read your statement in the record? Do I need to administer the oath for anyone providing testimony?

Victoria Méndez (City Attorney): PZ (Planning & Zoning) items shall proceed according to sec --

Francisco Garcia (Director, Planning): I'm sorry; let me just take a moment to request from the Commission the following. We are ready to proceed with the item, of course. We do have a presentation, a PowerPoint presentation that we are prepared to make, and I wanted to gauge the Commission to see if they would prefer to receive the long presentation or you've been sufficiently briefed to go with a small synopsis?

Chair Gort: Give the long presentation. I believe there's a lot of people here that would like to see it.

Mr. Garcia: Very good. Thank you, sir.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: The only thing is I was told during our briefing, that this was going to be deferred or continued.

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Mr. Garcia: No, sir. We believe we're ready to proceed. We've met with the individuals that were concerned, and we think we have something to offer that may be successful.

Commissioner Carollo: Okay. I was under the impression this was going to be deferred or continued, but okay.

Mr. Garcia: Thank you, sir.

Ms. Méndez: PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Members of the City Commission shall disclose any ex parte communications. Staff will briefly present the item to be heard. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as a part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you.

Mr. Hannon: Good afternoon, ladies and gentlemen. Anyone speaking today on today's planning and zoning item, may I please have you stand and raise your right hand?

The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues.

Mr. Hannon: Thank you, Chair.

Chair Gort: Thank you. Thank you.

PZ.1 ORDINANCE First Reading 12-00941zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00941zt1 CC 03-13-14 Fact Sheet.pdf 12-00941zt1 PZAB Reso.pdf 12-00941zt1 CC Legislation (Version 7).pdf 12-00941zt1-Submittal-Peter Ehrlich.pdf 12-00941zt1-PowerPoint Presentation-Planning and Zoning Department pdf.pdf

LOCATION: Citywide

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APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. *See supporting documentation.

PURPOSE: The proposed regulations will establish new and updated sign regulations in the Zoning Ordinance. It will institute new and revised definitions in Article 1, add review criteria in Article 4, remove most regulations from Article 6, update regulations for nonconforming signs in Article 7, and create new regulations in Article 10. It will also provide a more user-friendly document with clear regulations for each zoning designation as well as additional signage regulations for various circumstances within the built environment and business demands.

Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo Chair Gort: Ready?

Francisco Garcia (Director, Planning & Zoning): Yes, sir, we're ready. I believe -- I'd like to make a brief introduction prior to the PowerPoint presentation being displayed, which is in the works right now. What you're about to see, Commissioners, is the presentation of an ordinance that the Planning & Zoning Department has been working on for approximately a year and a half, but it is by no means the product solely of our work. We have worked very much in tandem with the community; many stakeholders who have advised us and provided their guidance. We have worked with the industry, the signage industry. We have worked with attorneys, advocates, et cetera. not to mention various departments within the City: City Attorney's Office, Building Department, and CIP (Capital Improvements Project). And we think we have a fairly comprehensive, fairly detailed proposal to show you today. It will do, essentially, two things: It will take the existing language, the existing regulations for signage in the City of Miami -- and let me take a moment to emphasize that this does not affect or regulate in any way billboards or murals, so I wanted to avoid that confusion. It will simply address onsite signage for wares and products available onsite. It will do two things: It will significantly simplify the existing language in the Code, and it will also add graphic support and tables, when needed, to make it a much more user-friendly article of the Zoning Ordinance. In addition to that, it has -- it introduces one new concept, which is the ability to take the amount of signage available for any particular site in the aggregate and allows the applicant the opportunity to tailor, design the signage for a building, a large-scaled project, let's say, to really suit its needs instead of having to worry about how many window signs, how many wall signs, or other types of signs they are able to have. This is through a warrant, so it requires design review. And when we've actually adopted this method to review this item's proposal for large-scale development, it has really worked very well. We'd like to instill this ability also in our Code. I won't belabor this anymore. I'll yield to David Snow, who has led this project for us in the Planning & Zoning Department, and we'll certainly stand by to answer any questions.

David Snow (Planning Tech): Good afternoon, Commissioners. David Snow with the Planning Department. So, just a quick overview of our presentation today. I'll go through the background analysis of our studies for the sign ordinance, some public outreach that we did throughout this process, the organization chart of the sign ordinance, new design standards that are in place,

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and transects specific conditions. Just a quick overview: This was roughly a 26-month-long process that the Planning Department undertook that looked through a series of industry standards that were, you know, throughout the country, as well as both state and local guidelines. We looked at, you know, local County code, North Miami, Doral, Gables; as well as state and national codes, Seattle, San Francisco, just to kind of get a feel for what other municipal governments were doing to achieve their signage regulations, which is not quite complex. Again, this was a 26-month-long process. Through this process, we met with several -- or not -- I should say more than several, roughly 35 individuals, ranging from private citizens, business owners, as well as professionals in the sign industry. We also put on two workshops that were done through the PZAB (Planning, Zoning & Appeals Board) in December and in January -- December of 2012 and January of 2013, and both were well attended and received good comments from those boards. This is an organization chart of the sign ordinance, and it may seem a little complex, but it's quite organized compared to what we have today, and it's -- it shows a breakdown of how the new Article 10 will function. And, you know, once you get into the nuances of it, it's quite easy to use, as it -- from what we have today. Section 10.2, or the new ordinance, has illustrations and diagrams that make the ordinance a lot more user-friendly and easier to understand from, you know, design professionals to the average, you know, small business owner. Table 15 is a new organization chart that we've designed to break down transect-specific standards for signage, for building identification, and business identification signs. The table is made up of roughly eight main areas, starting with the transect ID (Identification), sign type, such as wall, window projecting, and then broken down through the transect as -- such as “R,” “L,” and “O.” And then the aggregate sign area calculation is identified in this table, sign widths, sign type limits, illumination standards, and finally, supplemental standards. Each transect zone was looked at and identified, you know, specific changes that needed to be made. Now, within the T3 transect, the building identification is at point five times the linear frontage with a maximum aggregate of 24 square feet allowed, and this is primarily restricted to religious facilities, schools, and subdivision names within T3, as well as home office has specific regulations within it. T4, all T4 -- or all illuminated signs within T4 are permitted through a warrant process. The sign area coefficient is point five times the linear frontage, with a total aggregate area of 150 square feet max. And T5 to T6, as well as the “C” and “D” transect zones, have a building identification max of 50 square feet, a business identification of one times the linear frontage, so roughly a one-to-one ratio, and that's for a mixed-use complex. For a single-use building, it's 1.5 times the linear frontage, with a max area of 300 square feet. And I will also note that, you know, these -- none of these coefficients have changed. We've tried to keep this as close to what's allowed today. So, you know, we're not creating any, you know, nonconforming issues, or we're not putting, you know, business owners out to have to change their sign program. This is just an example within the T5 - T6 transect zones of what's allowed today versus what the new sign ordinance proposes, and this is probably a little small to read, but basically, in the red, it's showing a total aggregate area allowance of 67.5 square feet, a sign area. And with the new sign ordinance, it's broken out a little bit more into various sign types, but the total sign area that is allowed is current -- is the same as 67.5 square feet total. And this is a mixed-use structure, and it's -- today, unfortunately, we don't have a specific total square footage permitted. It's one of the things that, you know, just is not available, and now we do have a total of roughly -- this would be 20 square feet for a single -- I'm sorry -- for one establishment within the multi-establishment building, so roughly, the storefront's 20 -- has 20 linear frontage, so 1 times 20 is 20 square feet, which they would be allowed for their signage. Another new portion of the sign ordinance is our illuminated sign standards. Today there are -- or I should say very minimal illuminated standards that we have in our ordinance, so we're recommending an illum -- level requirements, a max level of point three four candles above ambient light; illuminated signs be equipped with automatic dimming technologies; that they're not -- that illuminated signs are not permitted within 100 feet of residential zoning transects, unless they are permitted through the warrant process; and the warrant process is for T3, T4, T5-R, and T6-R; and animated signs, such as flashing, moving, are prohibited. Another new component of the sign ordinance is the special sign package. This is a program that we've designed to accommodate large-scale development projects, such as

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commercial office buildings, mixed-use developments, as well as entertainment establishments and civic support uses, such as medical campuses. Basically, this allows them to have a little bit more flexibility with their sign regulations for, you know -- you know, most campus-like developments have specific needs, and so this would accommodate those needs without exceeding their total aggregate area allowance, and this would be through a warrant process. This ordinance also is proposing to alleviate the free-standing sign provisions that currently exist. Today, the free-standing allowance is designed more for a, you know, suburban-type of a prototype, which Miami 21 is going away from. This appeals more towards auto-centric developments, as opposed to the pedestrian scale. It's counter-tuitive [sic] to walkable streets, and it's previously not allowed in certain special districts within the old Zoning Ordinance as well. We have built in a five-year period that these free-standing signs can be removed, and also with an incentive to replace these signs with a monument-style sign with a 20 percent increase in their signage area, so that they can replace it with somewhat of a larger sign that they have today. Some of the advantages of the monument-style sign: It's much more urban-scale prototype, it's easier for pedestrians to see visibly, as well as vehicles from the street. This also promotes slower vehicular traffic movement, as opposed to higher-speed traffic conditions. It promotes better walkable streets, and as well as it just, you know, looks, I think, better all around. And that concludes our presentation. Thank you.

Chair Gort: Thank you. Francisco.

Mr. Garcia: I'd like to simply add a couple of comments. We're certainly recommending approval, as did the Planning Zoning & Appeals Board after a number of hearings in which we addressed many of the issues that surfaced. And in anticipation of some of the feedback that you are likely to hear, I would like to sum up -- and again, many who are here to speak will delve into this in more detail. Some of the concerns that we've heard repeatedly have to do with the programmability of electronic signage. Now, the ordinance, as you see it before you today, allows for programmable signage simply because that is what is available in terms of the industry state-of-the-art, and that technology can be used for good purposes. We do understand and we have seen many manifestations of that very same technology being used for not such good purposes, and we are aware of the concerns about that. In conversations with many who are here today, we have expressed to them that we thought it best to present to you the best product in terms of the regulatory environment, but if it is felt in the end that we are not ready to accept programmable signage yet, in spite of the very conservative regulations or restricted regulations that are in this particular ordinance, we would encourage you to set that portion of the ordinance aside -- and we've prepared backup legislation to accomplish that before second reading -- and allow the rest of the ordinance to go forward, because quite frankly, I think everyone would benefit from a better organized, better structured, more user-friendly, and more flexible ordinance as a result. And I'll answer any questions you have, of course.

Chair Gort: Thank you. It's a public hearings [sic]. I have quite a few requests. Nathan Kurland.

Nathan Kurland: Nathan Kurland, 3132 Day Avenue. I would like to mention the staff -- Francisco Garcia and David Snow -- in the Planning Department, who should be commended for their work, which improves the signage regulations in some instances. However, this draft contains provisions which will significantly change our unique subtropical community into a flashing and distracting mess everywhere it doesn't, and tourists look. We have opened the barn door to an industry, the outdoor advertising industry that has little regard for our natural beauty and quality of life. Therefore, I believe the following changes in the sign code should be made. While I like Mini-Wheats, miniskirts, and Minnie Mouse, I am not a big fan of mini-LEDs (Light-Emitting Diodes). This sign code should but does not restrict electronic message signage with regard to the number, distancing, location visibility from residential units. In addition, even stricter limits should be adopted to control the changing messages and brightness of these LEDs. While we do have the technology to measure brightness that is over the limit, we don't seem to

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have the will in our Code enforcement. This sign code should but does not forbid media towers, like the ill-conceived 2011 50-story multi-facet -- multi-phased LED billboards capable of dominating Miami's skyline, landscape, and neighborhoods. Fifty-story LEDs can be seen for 27 miles. This sign code should but does not forbid new billboards within the territorial boundaries of our City as of the effective date of the ordinance. As of the effective date, any sign lighted in a manner that is nonconforming to the distance requirements should be removed at the owner's expense. No further exchange of existing static billboards for new LED billboards may be allowed in the City of Miami. Four, this sign code should -- and I'll wrap up, Commissioner -- but does not require murals to be designated as mural advertisement or billboards on walls. Illegal billboards on walls must be removed at owner's expense. No further enlargement of the mural advertisement zone may be permitted in Miami-Dade County or the City of Miami. In conclusion, I want to quote the Biscayne Times, August 2013, Billboard Jungle. “Outdoor advertising has become Miami's crack cocaine: The money gets you high, but one day it will kill you.” Thank you.

Chair Gort: Thank you. Commissioner -- Nancy Lieberman -- Liebman.

Nancy Liebman: Good afternoon. It's Nancy Liebman. I'm here representing Miami Beach United. We haven't had an opportunity to have input in person to the meetings that have been discussed, but we have sent our comments and our objections. We are a historic commercial district from 50th Street to 77th Street, and there is no consideration for signage in the historic district. We object to any of the mini-electronic -- whatever they are. There was a proposal at one time to put little stickers on all of the -- I can't even imagine what they were. They were electronic to put on the telephone booths. We have enough illegal signage on the Boulevard with that advertising disguised as telephones, so that we have. The point that I would like to make is that these -- there should be some indication of how historic signage is done in commercial districts throughout the City. You don't have many or any, except for this. We would like to have in the ordinance that only neon signage is used, not LED lights. So if you wish to enhance the historic districts, there has to be some mention of it in this ordinance. And I think that the Historic Preservation Board should be involved in the signage; they are as far as historic signs. We have many of the motels now that are coming back. They are putting the neon signage in and replicating the old signs. That has to be in this ordinance. Thank you for your time.

Chair Gort: Thank you, ma'am. Ken Jett.

Ken Jett: Ken Jett, 8320, East Dixie Highway, here today representing Miami Neighborhoods United. Miami Neighborhoods United supports Scenic Miami in their efforts to quell the proliferation of signage. And with that said, I'd like to yield the rest of my time to Peter Ehrlich. Thank you.

Chair Gort: Thank you. Peter Ehrlich.

Peter Ehrlich: Thank you very much, Mr. Chairman, Commissioners. My name is Peter Ehrlich, 770 Northeast 69th Street, in Bayside. And some comments, some talking points have just been handed out to you. You might have seen some of these before. We've e-mailed them to you and dropped them off at your office. I want to thank Francisco Garcia very much and the Planning Department; they've been very nice. They have met with representatives of Scenic Miami. We've gone over many issues of the Code, and we're not opposed to the meat and potatoes aspects, the basic aspects that they've worked so hard on over the last few years. We're strenuously opposed to the items listed on these talking points: The electronic message signs, which are on page 58 of your handout material, it's only three quarters of a page, but we find it very damming and offensive for the City of Miami. We also oppose media tower, which is included in this new sign code. We think it should -- media tower should be deleted from all aspects of the proposed sign code, as well as from other areas where legislation lies in the City of Miami. We would like to see that the proposed sign code be drafted, as Mr. Kurland said, that's nonconforming and

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illegal signs come down now, rather than get a moratorium of either 12 months or 5 years. If they're illegal and nonconforming, they should come down as soon as possible. And four, illumination. I know the Planning Department has tried to deal with this, but we would like to see if this is going to pass; that this -- the signs, particularly electronic message signs, which are mini-LED billboards, that the signs be shut off when the businesses close or 11 p.m., whichever is earlier. They shouldn't be running 24/7. Now, getting back to the electronic message signs. That's really the most offensive aspect to the legislation. We hope that if you're going to improve the sign code today, that you will eliminate the electronic message signs and let the exist -- the sign code, as proposed, work for a few years and then maybe it could be revisited. At previous hearings, the Planning, Zoning & Appeals Board, the director of Code Enforcement testified several times. And with all due respect for the director of Code Enforcement, he was very nice and very straightforward, and he said he was unable to Code enforce against illegal signs. And he gave, you know, very common sense reasonable reasons; the budget's too low; don't have inspectors after 5 o'clock; they don't have the proper training to legislate against illegal signs. He had a lot of good reasons. Electronic message signs should not be included in the new code for many, many excellent reasons. Thank you very much for your time.

Chair Gort: Thank you. Bob Powers.

Bob Powers: Bob Powers, 565 Northeast 66th Street. And the reason I'm here is because I'm in a historic district, and I made my living doing landscape design work, and I won awards for my outdoor lighting, so I know a lot about outdoor lighting and how that affects things. The thing about it is that in this particular ordinance -- and I know they worked very hard to do this -- is that nothing's been taken into effect as far as historic districts and how we're going to deal with neon, whether it's going to be neon or LED, and there's a distinct difference in the lighting. It's not a pretty light. LED is a light source that is a blue light, and, of course, neon lighting is much more palatable to the eye. So there's some things that need to be taken into account. The other thing also is that in the sign ordinance, you would not be able to put up the South Pacific sign as it now stands. You make things now in the historic district non -- you can't think they don't comply, so we have to address that issue before we move forward with a sign ordinance that's going to make things now noncompliant, and we need to look at that. And some of those signs are also stand-alone signs. The stand-alone sign for the Shalimar, the stand -- there's a stand-alone sign for a bunch of those hotels that are part of the architectural significance of the building, so we need to take that into account. And I'll also just bring up another building that you guys who live on -- in the southwest section of the City, is the old Walgreens sign. That would fall into a noncompliant thing, and that sign is phenomenal. That is a phenomenal sign, that huge beautiful sign that's on top of that building. That makes that completely -- and we need to take into account those kind of signs. Those are called -- those are monument signs. They bring people to a center. They make people like remember what that area was when it was the place to be and all the rest of that, and you have them all over the City. So you really have to be very, very careful when you start these ordinances not taking into account some of these more -- involved sign things. The other thing also is that signs that are flat on a building are not seen unless you're across the street. Sometimes you need to have signs that stick out like this so that people see them from both sides of the ball. Thank you very much.

Chair Gort: Thank you, sir. Now close the public hearings [sic]. Comments, board members.

Commissioner Suarez: Mr. Chair.

Chair Gort: Commissioner, yes, sir.

Commissioner Suarez: Thank you. First, I want to -- you know, I want to commend the Planning Department and -- because this -- I'm sure, for them, was like a labor of love; and I know how hard I worked on the affordable housing piece of legislation for how many months, and you always want it to go smoothly when it comes here, you know, and I think this one has been far

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from smooth, through no fault of your own. I think you have intelligently decided that, you know, let's not throw the baby out with the bath water in terms of the whole legislation and maybe not tackle it all, you know, by saying that you're willing to advise us to go forward without one component that I think would satisfy many of the activists here who have been very consistent in their concerns about signage in the City. I want to apologize to Peter, 'cause I know he came by my office yesterday, and then I saw you speaking to him, and then I said, “I better not interrupt,” 'cause it seemed like you guys with were having a thoughtful and involved conversation, and I knew you were going to have that conversation, so I didn't want to barge in. I figured at some point today we would be able to connect, but we weren't able to, so I think we can connect between first and second, given where we're at today. I agree with what Bob said. I think the issue with that, Bob, just so you know -- and I may be wrong -- those monument-type signs are on the top-- we talked about that recently in conjunction with another entity that wanted to promote that in the City, and we were told that it was against the Florida Building Code. Now, I may be wrong. I'm not sure if that's the correct recitation of -- go ahead.

Mr. Garcia: I simply wanted to say you're correct, that that recitation of the Building Code is correct. What I would like to say, though, to address Mr. Powers' concern, is that there is language in this ordinance -- and we can certainly strengthen it. So if we've missed anything, we're certainly happy to go back and look at it. But there is language in this ordinance that says that any sign that has been issued a certificate of appropriateness -- and maybe of the ones that he's described have been issued --

Commissioner Suarez: Right.

Mr. Garcia: -- a certificate of appropriateness -- those are exempt from the sunsetting clause.

Chair Gort: Bob, excuse me.

Commissioner Suarez: Now, let me just finish by saying that, you know, we had this discussion the other day with reference to murals or illegal murals or whatever. I don't understand why we cannot code enforce this appropriately. I mean, I don't think there's an excuse for us not to be able to code enforce it appropriately. I don't -- I -- listen, there's plenty of resources, there's plenty of manpower, there's plenty of people. You know, I don't know why anyone would get the impression that we can't. I can't. I mean, I drive around -- and I encourage you all to drive around with your cell phones, 'cause it's pretty simple to do. Don't get in an accident, please. Don't do it while you're driving. Pull over or whatever. But I found in the last -- since the last Commission meeting, I found an illegal mural, which was on 42nd Avenue and Southwest -- I'm sorry, Northwest 7th Street, on the back of the Region's Bank building, and it was an off -- I mean, I've become an expert on the ordinance -- it's an off-premise advertising, you know, and it certainly wasn't one of the 35, that's for sure. So I sent it over to Code Enforcement and they -- my understanding is they sent a notice of violation to the property owner. So, I mean, obviously, we all kind of become Code Enforcement officers, and I encourage you to do that, because it's very simple with the technology that we have today. But I don't think there's a good excuse not to be able to code enforce these things. Now, again, there's a big difference between Code enforcement and code compliance, 'cause a lot of times we're enforcing the Code, and the owner of the property doesn't comply, and I think that's whole 'nother discussion for another day. But, you know, I support this effort, because I think your general purpose is true, and that's to try to make cohesive and sensible and attractive signage, which right now in the City is a mess, and it's all over the place and it's ugly. My wife reminds me about it all the time. My mom was the one that told me about the -- but my wife reminds me about the ugly, particularly illuminated signs, but I'm not even going to get into that -- go down that rabbit hole. But, you know, I will support you. I think we should leave out the electronic signage for now, and then, you know, we'll go from there and then see if there's something we can work out.

Chair Gort: I have to tell you, most of the complaints that come to my office come through here,

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but this makes it a lot easier. Yes, sir.

Vice Chair Hardemon: I'm also happy to hear that the electronic message signs were taken out for us to address, but I must admit, though, that, you know, I want to really tackle that head on. As I did my research around the nation, people, municipalities, and other places are banning electronic messaging signs. And my first taste of really a true electronic messaging sign where there aren't any others, so it would be a pioneer, it was not in the City of Miami. It was in the City of Miami Gardens on 27th Avenue as you cross 183rd Street. It just happened to be nighttime. And to see the brightness of that light when there was nothing else around it, it really shocked me, because it really illuminated almost the street. And to think that if there were -- because I know in the City of Miami, we'll have a lot more businesses than just that one with it. If there were sign after sign after sign that had that, that to me is a safety issue, as well as an aesthetic issue. Because safety-wise -- I mean, there's research that suggests that if you take your eyes away from the road for more than two seconds, you put yourself in the extreme likelihood of having an accident. But the thing about electronic messaging signs that are different from our traditional signs is that our mind has now been able to -- just so -- when you're riding down the street, you can ignore the bus bench, the person walking, the -- when they're on the sidewalk, the trees, the houses. You've been trained to ignore that. But that electronic messaging sign, it grabs your attention, and especially when it's one of the nature that will change. You know, you find yourself looking for it. “What does it say today?” And so not only does it take away from our community seeing that it's aesthetically pleasing, but moreover to me, it's a huge safety issue, because it takes too much attention away from our drivers on the street. And I will go so far as to ban it myself. I mean, this is not something that I think that, at least in my tenure, I want to see just -- as a possibility that could happen, depending on who's on the Commission. I don't know what the will of the Commission is, but as far as I'm concerned, if I found support for a complete ban of it, I would.

Chair Gort: Anyone else? Anyone else? Do I have a motion? Been moved by Commissioner Sarnoff. Is there a second?

Vice Chair Hardemon: Can we just clarify the motion?

Chair Gort: Is there a second?

Vice Chair Hardemon: Can we clarify the motion?

Commissioner Suarez: Second.

Chair Gort: Second --

Commissioner Suarez: Second.

Chair Gort: -- for discussion.

Vice Chair Hardemon: I just wanted to clarify the motion. So the motion will be that it is moved, but something is modified, so I just want to make sure that it's the electronic messaging signs that are out of it and that's as modified. Is that correct?

Ms. Méndez: We're bringing that back on second reading modified, so when we read it, it will be as modified.

Vice Chair Hardemon: And it would not have EMS (Electronic Messaging Sign)?

Mr. Garcia: For clarity sake -- I'm sorry, just procedurally. I'm sorry. I certainly presented to you that option, and we're very happy to receive that direction. I believe that what's in the record

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right now is a motion for approval of the ordinance, unless I'm mistaken, Commissioner Sarnoff, but I defer to the Commissioner.

Commissioner Sarnoff: I'm prepared to go either way. If there are Commissioners that want to bifurcate it, I'm okay with that. If you want to discuss it and deal with it head on, I'm okay with that. I think this sign code is an amalgamum [sic] of a lot of our problems with our Code in different various parts of it. How we want to deal with it. How we want to discuss it. I'm okay with leaving one for one day and one for another, or I'm okay with dealing with it as we need to deal with it. But this Code has a lot more good than it has anything --

Commissioner Suarez: Oh, no doubt about it.

Commissioner Sarnoff: Right.

Vice Chair Hardemon: Mr. Chairman, what I would ask of the movant is that we have a friendly amendment to remove the electronic messaging (UNINTELLIGIBLE).

Commissioner Sarnoff: I'm fine with that.

Commissioner Suarez: Second.

Chair Gort: There's a motion --

Commissioner Suarez: I'm fine on the second.

Chair Gort: The motion with the amendment to remove the --

Commissioner Sarnoff: Correct.

Chair Gort: Okay. The second accept that?

Commissioner Suarez: I do.

Mr. Garcia: And if I may --

Commissioner Carollo: What's the amendment? I'm sorry.

Commissioner Sarnoff: Just remove the electronic sign section of it.

Mr. Garcia: And I would like to add, as well, that we're certainly happy to -- although, again, we think that there is ample protection for historic signage. I'm certainly happy to follow up with the historic preservation community and our preservation to the extent that they haven't been addressed already.

Chair Gort: Okay.

Unidentified Speaker: Thank you.

Chair Gort: Commissioner Carollo.

Commissioner Carollo: Again, I thought it was going to be deferred from the beginning, so I -- again, I'm not -- I know it's first reading, but I don't think you're going to get my approval on first reading. And then, you know, we'll have time between first and second to discuss it and see where we're at, but you're not going to get my support on first reading.

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Chair Gort: Okay. Any further discussion? Being none, it's a ordinance.

The Ordinance was read by title into the public record by the City Attorney.

Mr. Hannon: Roll call on item P --

Chair Gort: Thank you.

Vice Chair Hardemon: Roll call on item PZ.1. Vice Chair Hardemon?

Vice Chair Hardemon: For.

Mr. Hannon: Commissioner Carollo?

Commissioner Carollo: No.

Mr. Hannon: Commissioner Suarez?

Commissioner Suarez: For.

Mr. Hannon: Commissioner Sarnoff?

Commissioner Sarnoff: Five. Oh, I'm sorry; yes.

Mr. Hannon: Chair Gort?

Chair Gort: Yes. (UNINTELLIGIBLE).

Commissioner Suarez: I should have (UNINTELLIGIBLE) that one.

Mr. Hannon: The Ordinance passes on first, as modified, 4-1.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Thank you.

Commissioner Sarnoff: Just for anyone's thoughts, I mean, doesn't -- what we've done now, doesn't it freeze -- Mr. Planning Director, doesn't it freeze electronic signs as they are right now?

Mr. Garcia: Sir, it is my contention -- and this is a broad statement, so please don't hold me to it on a case-by-case basis. But it is my contention that any one of the electronic messaging signs that are out there right now that are operating in animated as you see them are certainly not in compliance with the Code and were not permitted legally.

Commissioner Sarnoff: So anybody that has an -- let me just use US 1. There is a -- I was going to say something maybe not that appropriate. There's a cosmetic --

Commissioner Suarez: Don't do it.

Commissioner Sarnoff: -- sign up there and they're -- (UNINTELLIGIBLE) sign up there.

Mr. Garcia: I've seen them, sir. I've seen them.

Commissioner Sarnoff: Are those legal?

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Mr. Garcia: It is my contention that they are not, certainly not in the way as they are presently being operated.

Commissioner Sarnoff: Have we done any --? So, let's say we're going to move forward and leave our electronic code just where it is. You're saying they're illegal. Have -- sorry?

Ms. Méndez: To begin with.

Commissioner Sarnoff: Right.

Commissioner Suarez: Right.

Commissioner Sarnoff: So -- all right, so are we going to do anything to make them come into compliance. Isn't that the nice way of saying it?

Chair Gort: Very nice.

Commissioner Sarnoff: There you go.

Mr. Garcia: Yes, sir, we are happy to work with the Code Enforcement Department to provide them any substantiation they need to proceed ahead.

Commissioner Sarnoff: And before we get a second vote on this, I'm -- think Commissioner Carollo would probably support me on this -- can we get a status report on those two very visible signs as to what you've done to bring them into compliance?

Mr. Garcia: I will look further into that, yes, sir.

Commissioner Carollo: And Mr. Chairman, that was a conversation or discussion we had weeks ago that I said, “Hey, listen, we're doing selective enforcement. There's others out there, and I think we need to go after them.” And that was my point.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes, Vice Chairman.

Vice Chair Hardemon: When you speak of it being illegal, help me understand a little bit better. Because when I consider the signs, I feel as if the industry -- the technology is just more -- it's further advanced than our laws are.

Commissioner Suarez: I agree with that.

Vice Chair Hardemon: So as I understand it, there's nothing within our laws that says that electronic messaging signs are not to code or illegal, so that is the reason why I brought that up. Because as of right now, more and more people will be using electronic messaging signs, and if that goes out of style, maybe another type -- maybe a hologram sign. That may be the next big thing that comes out, that projects some type of live person in the middle of the street or on the sidewalk that actually dances and spins the little signage instead of an actual real person. So those type of things are actually reasonable to consider to come up with, but yet, we don't have laws that affect it. So they're illegal, meaning that that they're not within code, they're not compliant to any code, but at the same time, we have nothing that really speaks against it.

Mr. Garcia: So we do, sir. We have clearer language in this proposal that -- at present. So if this were not to be passed, there are presently prohibitions in place against flashing or animated

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signs, and the definitions that go along with flashing or animated signs, I think cover that particular concern rather well.

Chair Gort: Let me ask you a question. My understanding, to erect one of those signs, you have to pull a permit, don't you?

Mr. Garcia: That is correct.

Chair Gort: The permit's issued by the Building Department or --?

Mr. Garcia: Yes, sir.

Chair Gort: Okay. So if they don't pull a permit, automatically illegal? So that's something we can check with the Building Department.

Mr. Garcia: That is correct. There are two aspects to that however. One is, of course, the erection of the sign itself, which has to comply with the building codes, and plans are submitted. But it could be and it is often the case, as a matter of fact, that the sign is erected with the benefit of a building permit. The operation of the sign itself is in violation of the Code, and that we can pursue through Code Enforcement.

Chair Gort: Well, when you issue the building permit, the manufacturer, my understanding is, can be warned and informed with the law and the way it goes on how this should be functioning.

Mr. Garcia: Exactly right, and there is clearer language in this ordinance that accomplishes exactly that.

Chair Gort: Now, my question is, not only can we go after the property owner, but at the same time, my understanding, the person -- the manufacturer, the person that puts up the sign is also have to be in compliance. Can he be penalized also for erecting a sign that is not in accordance with City Code?

Mr. Garcia: My understanding --

Commissioner Carollo: Mr. Chairman, if I could charm [sic] in. That's something that I know the City Attorney and I have been discussing and trying to work on. If you remember a few months back, I showed some pictures of some illegal signs that were -- and we discussed, “Is it the owner of the sign? Is it the owner of the property?” One particular one that I showed actually had a license plate, so can we, somehow, you know, do some type of other -- and again, we've been discussing it, but we still haven't brought up legislation.

Commissioner Sarnoff: Wouldn't those folks --?

Commissioner Carollo: Because that could be a State --

Commissioner Sarnoff: But wouldn't -- if -- I remember the one you brought up.

Commissioner Carollo: Right.

Commissioner Sarnoff: So wouldn't they have to have, Madam City Attorney, a BTR (Business Tax Receipt) to be offering for sale something in the City of Miami?

Ms. Méndez: Well, there are a few issues. One, obviously, the owner of the property is the one that --

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Commissioner Carollo: Right.

Ms. Méndez: -- we're always going to get on the hook, because the owner of the property is the one that's allowing. Whether he's leasing the property, whatever the case may be, he's the one that's allowing this illegal sign to be there. So that's the person that's always going to get a citation or Code enforcement or an injunction, what have you; would be the owner of the property. When it comes to the actual person that's moving the sign around, there may be -- depending on where it's left, the sign, since it's usually on a cart or a trailer of some sort, could probably be booted if it's on the right-of-way, if it's improperly placed on the right-of-way, and then that would probably cause for some, you know, civil citation to the person that's moving this thing around, based on his license or traffic citation. So that's also a possibility. If there's an improper tag, license-type tag on the trailer, so those are some other options that could be addressed as well.

Commissioner Sarnoff: But --

Commissioner Carollo: And by the way, that's part of my discussion item that I'll probably end up deferring, because as you could see, we're still working on it; we're still working on the kinks and so forth. But if you remember, months ago we discussed it, and there's different ways that we could go about it. But the bottom line is, is it illegal? Yes.

Ms. Méndez: Yes.

Commissioner Carollo: Yes.

Commissioner Sarnoff: But correct me if I'm wrong. What is the requirement for having a BTR in the City of Miami?

Ms. Méndez: Well, that -- you're thinking more of like a peddler's license. Is this actually a peddler? We could -- we can take the position that it's some sort of business enterprise that's going from place to place, and we can also -- but we would ultimately site the property for having this illegal business, and the person could technically -- and we're still looking into this -- be arrested for not having the proper BTR.

Commissioner Sarnoff: Right. And then you have law enforcement actually having the ability to remove the sign, confiscate the sign. I -- it wasn't like I just want to throw something against the wall and see if it sticks, and I don't know if you still have the problem. But if -- I believe, if you are selling something in the City of Miami, you have got to have a form of BTR, a business tax receipt. The failure of which to have one, so I've been schooled by you, not publicly but privately, of which you had -- that law enforcement -- the failure of which law enforcement can then take a person to jail.

Ms. Méndez: Technically, yes. Yes.

Commissioner Sarnoff: Technically.

Chair Gort: There's all kinds of vendors' license.

Ms. Méndez: We just have to -- right, there are all kinds of vendors' license, so it would have to be on a case-by-case basis and see exactly what, if anything --

Chair Gort: And those vendors' license have certain requirements.

Ms. Méndez: Yes.

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Chair Gort: I know in downtown Miami, we had them, and we had them in some of the neighborhoods.

Ms. Méndez: Correct.

Chair Gort: Okay.

Ms. Méndez: But usually, all these types of -- unless this is associated with some sort of, you know, special event or an onsite type of permit, most of these signs are 95 percent of the time illegal.

Chair Gort: Okeydoke. Thank you.

END OF PLANNING AND ZONING ITEM(S)

MAYOR AND COMMISSIONERS' ITEMS CITYWIDE

HONORABLE MAYOR TOMAS REGALADO

END OF CITYWIDE ITEMS DISTRICT 1

CHAIR WIFREDO (WILLY) GORT

D1.1 DISCUSSION ITEM 14-00210 DISCUSSION REGARDING A PUBLICITY CAMPAIGN TO KEEP THE CITY CLEAN. 14-00210 E-Mail- Clean City Discussion.pdf

DISCUSSED

Chair Gort: Okeydoke. Any other Commissioners? I have one, but I'll wait until you guys --

Commissioner Suarez: You go ahead, and then I have one.

Chair Gort: Okay.

Commissioner Suarez: Go ahead, Mr. Chair.

Chair Gort: I have -- if you all looking at the cities lately, there's kind of -- a lot of trash and people throwing out trash out the windows and so on, so I'm working with Administration in creating comprehensive plan that will address the issue of cleanliness in our City. The plan would include the following components: Redevelopment or connection with the City of Miami used to have in the '90s with Keep America Beautiful, and we work with them to keep Miami clean and re-energize our recycling efforts; a publicity campaign working with the schools to obtain the support of our children in maintaining clean cities. Children in -- we all know, if you have children [sic], how important it is. Sometimes you going to do the wrong thing. They tell you “No, dad, you can't do that. You got to throw it in the waste can.” Number three, an educational campaign with business owner to -- as to the responsibility of how to dispose of trash. A lot of time you have people cleaning up the sidewalk, but they throw it on the street

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rather than pick it up and take it insides [sic]. And I remember when I used to be in the retail business, we used to get up every morning, we will clean up the sidewalk and we pick up the trash, and I think that's very important. Coordination with the NET (Neighborhood Enhancement Team) office, Code compliance, and to ensure that Code provisions and complying relative to trash in front of businesses. We've been meeting with the -- our staff and Keep America Beautiful, and the coordination of pla -- we also would like to have the coordination of placement of cameras in hot spot locations. We all know how much illegal dumping takes place in the City of Miami, and I think no more better than the Sanitation Department knows where these places are taking place. I think we need to do that to eliminate illegal dumping, which is so much used in the City of Miami. Coordination of street sweeping program that set particular dates and times in conjunction with no parking enforcement during the times of this cleaning. It's very important to maintain a (UNINTELLIGIBLE). Coordinate -- and to coordinate plan between all departments to ensure that Miami's a clean city. Clean is a good business, great for the quality of life and to our residents. This is something that we've been working with our staff, and I want to thank you all. We had a got meeting today. And hopefully, within two weeks and a month, we'll come up with a plan for you guys' approval. I just wanted to bring you up-to-date --

Commissioner Suarez: I'll move it.

Chair Gort: -- what are we working on.

Commissioner Suarez: I'll move it for the Chair.

Commissioner Suarez: Are you going to pass the gavel, Chair, or you want to move it for you?

Vice Chair Hardemon: No, no.

Chair Gort: No, no.

Vice Chair Hardemon: It was a discussion.

Commissioner Suarez: Oh, I thought it was a pocket item; my Apologies.

Chair Gort: Just a discussion item. No, you (UNINTELLIGIBLE) --

Commissioner Suarez: My apologies.

Chair Gort: I'll bring them in the future.

Commissioner Suarez: My apologies.

Chair Gort: I mean, just to make you aware what I'm doing with the Administration.

END OF DISTRICT 1 DISTRICT 2

COMMISSIONER MARC DAVID SARNOFF

END OF DISTRICT 2 DISTRICT 3

COMMISSIONER FRANK CAROLLO

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D3.1 DISCUSSION ITEM 13-01107 FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-01107 E-Mail - Compliance with Financial Integrity Ord.pdf

DEFERRED

Note for the Record: Item D3.1 was deferred to the March 27, 2014, Planning and Zoning Commission Meeting.

D3.2 DISCUSSION ITEM 13-01203 FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING ILLEGAL BILLBOARD. 13-01203 E-Mail - Illegal Billboard.pdf

DEFERRED

Note for the Record: Item D3.2 was deferred to the March 27, 2014, Planning and Zoning Commission Meeting.

D3.3 DISCUSSION ITEM 14-00221 FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS.

14-00221 E-Mail - 2013 Audited Financial Statements.pdf

DEFERRED

Note for the Record: Item D3.3 was deferred to the March 27, 2014, Planning and Zoning Commission Meeting.

END OF DISTRICT 3 DISTRICT 4

COMMISSIONER FRANCIS SUAREZ

END OF DISTRICT 4 DISTRICT 5

VICE CHAIR KEON HARDEMON

END OF DISTRICT 5

NON AGENDA ITEM(S)

NA.1 DISCUSSION ITEM

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14-00270 CHAIR GORT RECOGNIZED AND WELCOMED THE CITY OF DORAL'S COUNCILWOMAN BETTINA RODRIGUEZ AGUILERA IN THE COMMISSION CHAMBER. DISCUSSED

Chair Gort: At this time, I'd like to recognize Bettina Rodriguez, councilwoman from Doral. Welcome to the City of Miami and glad to have you.

NA.2 RESOLUTION 14-00271 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT Commissioner Marc THE PARTIES MEDIATE THE PENDING APPEAL FILED BY MDM RETAIL, David Sarnoff LTD. OF THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED AN ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE, WHICH IS LOCATED AT APPROXIMATELY 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, WITHIN AN ARCHAEOLOGICAL CONSERVATION DISTRICT.

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-14-0113

Commissioner Sarnoff: Yeah, I don't want to jump in the middle, 'cause I don't know what was said, so I -- you know, I -- look, Commissioners, I've been pretty clear that I hope this thing goes to mediation, and I'm going to have a pocket item. And if you'd recognize me, Mr. Chair, I'd like to --

Chair Gort: Sure.

Commissioner Sarnoff: -- pass a resolution asking that this issue go to Judge Angel Cortinas, who has agreed to mediate this thing. Everyone that could be invited is invited. And I think it's a wise thing for this Commission to do, to allow this to go to the agency if they can come up with a mediated resolution before it comes to the Commission.

Chair Gort: Okay. Is there --?

Victoria Méndez (City Attorney): Just to be clear for the record --

Commissioner Carollo: Mr. Chairman.

Ms. Méndez: -- since we were talking about resolution RE.12, I believe that the Commissioner is saying for the Met historic preservation issue that's coming up on March 27, for that appeal to go to a mediation prior to the March 27 meeting.

Commissioner Sarnoff: Correct. The only reason I chimed in, Madam City Attorney, is because if the mediation is successful, then we won't even need to have the hearing --

Ms. Méndez: Correct.

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Commissioner Sarnoff: So to speak.

Ms. Méndez: Correct.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: Listen, like I said many times, I welcome debate, I welcome discussion. And to a certain degree, I don't even have a problem with mediation. What I am a little uncomfortable with is that we already have the mediator or the person who's going to decide, and I don't know if both sides of the party are okay that this person will be a mediator. And I don't have enough information where -- I want to make sure that it's a fair process where, you know -- and I guess you could say, well, one party doesn't agree, and then it goes -- it'll come back to us, but, you know, I just --

Commissioner Sarnoff: Well, let me kind of --

Commissioner Carollo: I feel a little uncomfortable.

Commissioner Sarnoff: That's fair. It's the same mediator that mediated Pottinger. It's Angel Cortinas, who is the former Third DCA (District Court of Appeals) judge. He's now with Gunster Yoakley. The mediation process should be the same one that is part of Florida statutes, as well as Florida civil procedure; that requires, obviously, all sides to agree. It's a pretty robust process, which I guess I assumed you knew a little something about. It's where parties get in a room, they present their issues, and then you just try to resolve those issues. The major parties, Dade Heritage Trust, UEL (Urban Environment League), County, secretary of State of Florida, have all agreed to it. They've agreed to go in a room and try to mediate this. City, you know, has indicated its desire to do so from the Planning Department's section. So all I'm suggesting is let's see if we can get this thing resolved prior to having to hear the issue as an appellate board.

Chair Gort: Commissioner Carollo, you're recognized.

Commissioner Carollo: Thank you. And would this run a parallel path, meaning that if there's no agreement or consensus reached, that we will hear the matter there as a quasi-judicial board on March 27?

Commissioner Sarnoff: That's my present understanding.

Ms. Méndez: Yes, it'll -- on March 27 it'll come before you on the appeal. And if there's an agreement met, then the appeal would be withdrawn so.

Chair Gort: Okay. Right now we had a motion for RE.12.

Ms. Méndez: I believe that there was a motion not for RE.12, but a motion made by the Commissioner on the mediation. That's why I wanted to clear that up.

Chair Gort: Somebody who made the -- we had a -- somebody made the motion, and there was a second. So that person that made the motion, are you willing to --?

Later...

Chair Gort: Now, the -- Commissioner Sarnoff, you had a --

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Commissioner Sarnoff: Again, I would restate --

Chair Gort: That was part of your discussion item you wanted to have?

Commissioner Sarnoff: Sure. And I appreciate, Mr. Chair. It's germane to the issue that you're discussing on RE.12, and that is that the Commission pass a resolution asking all parties to mediate this matter in front of Angel Cortinas. The time, which we thought was important to get clear with everybody, you know, about a week ago, is Monday at 10 o'clock. I think they even maybe have two days put aside, if need be, to try to resolve this matter. This would be at no cost to the City of Miami.

Chair Gort: Okay, there's a motion by Commissioner Sarnoff. Is there a second?

Commissioner Carollo: Second. Discussion.

Chair Gort: Second by Commissioner Carollo. Discussion.

Commissioner Carollo: Thank you, Mr. Chairman. And you're saying that all parties are agreeing to partake in the mediation in front of --? I'm sorry; I don't know the person.

Commissioner Sarnoff: Judge Cortinas.

Commissioner Carollo: Right.

Commissioner Sarnoff: Yes. UEL has agreed; Dade Heritage Trust has agreed; County has agreed; Secretary of the State of Florida has agreed. You know, Planning, to the extent they can agree, has agreed, 'cause we're the City Commission so --

Commissioner Carollo: Is there another party missing, the developer?

Commissioner Sarnoff: Oh, I'm sorry. I apol -- I assum -- yes, developer's agreed. I apologize.

Commissioner Carollo: Okay. And again, I just want to make sure that all parties.

Commissioner Sarnoff: Yes.

Commissioner Carollo: I'm just trying to be fair with everybody.

Commissioner Sarnoff: Yeah, yeah, yeah, that's -- I -- you're right. I didn't even think of it. The developer has agreed.

Commissioner Carollo: Okay. So, yeah, I don't have a problem with that. And again, I just don't want to stalemate this once again. I want it to be a parallel path where March 27, you know, the appeals [sic] does come to this board. If there's some consensus reached, then great; if not, then we will hear it and move forward.

Commissioner Sarnoff: Okay.

Chair Gort: Okeydoke. Thank you. Any further discussion?

Vice Chair Hardemon: Well, I did have a question.

Chair Gort: Yes.

Vice Chair Hardemon: I thought I may have heard this, but I just want to be clear. There is no

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cost to the City of Miami or any of our entities for the cost of the mediation?

Commissioner Carollo: That's what I heard, but I'll yield to Commissioner Sarnoff.

Vice Chair Hardemon: Yes.

Commissioner Sarnoff: That's correct.

Chair Gort: Okay. All in favor, state it by saying "aye."

The Commission (Collectively): Aye.

NA.3 RESOLUTION 14-00245 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF MIAMI-DADE COUNTY ("COUNTY") OWNED SURPLUS PROPERTY LOCATED AT THE ENTRANCE OF THE METROMOVER STATION AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTHEAST 5TH STREET AND SOUTHEAST 1ST AVENUE, CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF RIGHT OF WAY IMPROVEMENTS, IN CONJUNCTION WITH THE MIAMI RIVER GREENWAY- MIAMI CIRCLE GREENWAY TO SOUTH MIAMI AVENUE PROJECT, B-30631, AS DESCRIBED IN THE COUNTY DEED AS "EXHIBIT A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE. 14-00245-Back-Up-Memo-Pocket Item for Agenda 03/14/2014- Commission Meeting.pdf 14-00245-Exhibit A.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo

R-14-0103

Chair Gort: We go to the district items. Oh, are we ready to go back to --?

Commissioner Sarnoff: Can I do a couple pocket items?

Commissioner Suarez: I have a pocket item too.

Commissioner Sarnoff: And it's for -- don't get mad at me, Commissioner Gort. It's one of these -- or two of these are at the request of the Administration. So one is accepting a conveyance from the County for a portion of land underneath the Metromover Station at Southeast 5th Street and 1st Avenue for Riverwalk. And I think the second pocket item is married to that; accepting a perpetual easement from Miami River Holdings, LLC (Limited Liability Company) for the Riverwalk. What I know of this, I know enough to give it to Mark Spanioli and not try to explain it to you.

Chair Gort: Thank you. Yes, sir.

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Mark Spanioli (Director, Capital Improvements Program): Good afternoon, gentlemen. Commissioner summed it up well. We're basically trying to implement the Miami River Greenway project along Southeast 5th Street between Brickell Avenue and Miami Avenue. A portion of that right-of-way has not been dedicated, so one piece is from a private property owner, a perpetual easement, in order for us to develop that section; and the other portion is a conveyance of surplus property from the County in order for us to do the full right-of-way section.

Chair Gort: Thank you, sir. Is there a motion by Commissioner Sarnoff? Is there a second?

Commissioner Sarnoff: Yeah, I'll make that motion --

Commissioner Carollo: Second.

Commissioner Sarnoff: -- in accordance with the statements of the Capital Improvements director.

Chair Gort: Second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

NA.4 RESOLUTION 14-00244 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE PRIVATE PROPERTY OWNER, FOR THE CONVEYANCE OF THE PROPERTIES DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF RIGHT-OF-WAY IMPROVEMENTS IN ACCORDANCE WITH THE MIAMI RIVER GREENWAY MASTER PLAN, IN CONJUNCTION WITH THE MIAMI RIVER GREENWAY- MIAMI CIRCLE GREENWAY TO SOUTH MIAMI AVENUE PROJECT, B-30631.

14-00244-Back-Up-Memo-Pocket Item for Agenda 03-13-14 Commisison Meeting.pdf 14-00244-Back-Up-List of Properties.pdf 14-00244-Exhibit A.pdf

R-14-0108

Commissioner Sarnoff: And is there a separate one I need for the accepting of a perpetual easement, or did that all come together?

Mark Spanioli (Director, Capital Improvements Program): He had them as two items. If you brought them up as --

Commissioner Sarnoff: One item?

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Chair Gort: There's no -- (UNINTELLIGIBLE) separate.

Todd B. Hannon (City Clerk): We had them individual votes, correct, but we just voted on the Miami River Greenway project, and so I -- my understanding we also have a perpetual easement.

Commissioner Sarnoff: So now we need a motion for the perpetual --

Mr. Hannon: Yes, sir.

Victoria Méndez (City Attorney): Yes.

Commissioner Sarnoff: So moved.

Chair Gort: Moved by --

Commissioner Suarez: Second.

Chair Gort: -- Commissioner Sarnoff --

Vice Chair Hardemon: Second.

Chair Gort: -- second by Commissioner Suarez. Being none -- no discussion, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Commissioner Suarez: Thank you.

NA.5 RESOLUTION 14-00233 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT Commissioner Marc TO SECTION 54-341(E), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, David Sarnoff AS AMENDED, THE RESTRICTIONS CONTAINED IN SECTIONS 54-341(C) (1) AND (2), MORE PARTICULARLY: (1) THE RESTRICTION THAT NO MORE THAN TWO (2) EVENTS PER MONTH SHALL OCCUR, AND (2) THE RESTRICTION THAT ONLY ONE (1) EVENT OF THE TWO (2) EVENTS MAY INVOLVE STREET CLOSURES, FOR EVENTS OCCURRING IN THE "COCONUT GROVE SPECIAL EVENTS DISTRICT", TO ALLOW FOR THE "EARN YOUR STRETCH 5K RACE" TO TAKE PLACE ON APRIL 6, 2014.

R-14-0110

Commissioner Sarnoff: And last -- sorry. Last one.

Chair Gort: Yes.

Commissioner Sarnoff: It's a very simple one. Coconut Grove special event waiver. Mr. Chair, as you know, there are a certain number of events in Coconut Grove, but this is for the Pilates in the Grove “Earn Your Stretch 5k Race.” I certainly would recommend that we grant them a

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one-time waiver.

Chair Gort: Okeydoke. There's a motion. Is there second?

Commissioner Suarez: Second.

Chair Gort: Second. Any discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

NA.6 RESOLUTION 14-00269 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE Commissioner HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON Francis Suarez THE PREMISES OF THE ICE PALACE, LOCATED AT 59 NORTHWEST 14TH STREET, MIAMI, FLORIDA AND ICE PALACE WEST, LOCATED AT 71 NORTHWEST 14TH STREET, MIAMI, FLORIDA, TO ACCOMMODATE THE VENUES FROM 5:00 AM TO 7:00 AM ON FRIDAY, MARCH 28, 2014, AND SATURDAY, MARCH 29, 2014; AND FROM 5:00 AM TO 12:00 PM ON SUNDAY, MARCH 30, 2014, PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES."

Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo

R-14-0111

Commissioner Suarez: May I bring a pocket item, Mr. Chair?

Chair Gort: Yes, sir. You --

Commissioner Suarez: Thank you.

Vice Chair Hardemon: No fiscal impact.

Chair Gort: No fiscal impact.

Vice Chair Hardemon: No fiscal --

Chair Gort: Very important.

Commissioner Suarez: This is just a -- very simply, an extension of the sales times for alcoholic beverages pursuant to Section 43, Subsection 7, which allows the City Commission to extend the hours of sale for alcoholic beverages for special events. And this is a special event that is taking place in late March, March 28, 29th, and 30th, and it calls for the extension of the sale on -- I believe it's some of the nights involved on March 29 and on March 28 and on March 30. So it's not a noise waiver; it's an event that's organized by a local business owner who has hosted similar events in the previous years. It -- going to host well-renown DJs (Disk Jockeys) and entertainers, and we've done similar -- there's a tremendous amount of precedent by -- the cities do it. We did it in 2013 -- as we recently as 2013, March of 2013. We did it in 2011, and we did

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it in 2009, just to set a few examples of times that we've done it before. So I move it.

Chair Gort: Okay.

Commissioner Suarez: I'm sorry? It's the Ice Palace.

Chair Gort: Okay, it's been moved. Is there a second? Is there a second?

Vice Chair Hardemon: Second.

Chair Gort: Second by Vice Chairman Hardemon. Is any discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Commissioner Suarez: And let me just apologize to all the Commissioners. I usually don't bring pocket items like this, 'cause I -- you know, I like to respect the five-day rule. This was brought to me recently, so that was the only way that I could do it.

Chair Gort: Yes, Vice Chairman Hardemon.

Vice Chair Hardemon: First of all, I thought there was someone behind me, so I didn't realize there was just three of us.

Commissioner Suarez: It's okay.

Vice Chair Hardemon: And, of course, any time you're talking about alcoholic sales or --

Commissioner Suarez: Of course.

Vice Chair Hardemon: -- I'm going to want it to be a little bit more clearer so -- but my vote spoke, so.

Commissioner Suarez: Thank you. Appreciate it.

ADJOURNMENT

The meeting adjourned at 5:28 p.m.

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