Meeting Minutes

City of Miami

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

Meeting Minutes

Thursday, February 27, 2014

9:00 AM PLANNING AND ZONING

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 Johnny Martinez, P.E., City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 27, 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

BU - BUDGET

DI - DISCUSSION ITEMS

PART B

PZ - PLANNING AND ZONING ITEM(S)

MAYOR AND COMMISSIONERS' ITEMS

M - MAYOR'S ITEMS

D1 - DISTRICT 1 ITEMS

D2 - DISTRICT 2 ITEMS

D3 - DISTRICT 3 ITEMS

D4 - DISTRICT 4 ITEMS

D5 - DISTRICT 5 ITEMS

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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 27th day of February 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 9:03 a.m., recessed at 12:11p.m., reconvened at 3:03 p.m., recessed at 4:44 p.m., reconvened at 5:01p.m, recessed at 6:41 p.m., reconvened at 7:07 p.m., and adjourned at 9:01p.m.

Note for the Record: Commissioner Carollo entered the Commission chambers at 9:10 a.m., Commissioner Sarnoff entered the Commission chambers at 9:11 a.m., and Commissioner Suarez entered the Commission chambers at 9:38 a.m.

ALSO PRESENT:

Victoria Méndez, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, City Clerk

Chair Gort: (INAUDIBLE) the February 27, 2014 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, Frank Carollo; Francis Suarez, and Vice Chairman Keon Hardemon. Also on the dais is going to be Johnny Martinez, City Manager; Victoria Méndez, who's the City Attorney; and Todd Hannon, City Clerk. At this time, we'll have the prayer by myself and the pledge of allegiance by Vice Chairman Hardemon. Will you please stand?

Invocation and pledge of allegiance delivered.

PRESENTATIONS AND PROCLAMATIONS

PR.1 PRESENTATION 14-00157 Honoree Presenter Protocol Item Tributes - Black Mayor Commendations History Month Regalado & Alpha Phi Alpha Vice Chair Fraternity Hardemeon

Greater Miami Mayor Commendations Jewish Federation Regalado & Vice Chair Hardemon

Miami Fire Rescue Mayor Certificates/Retirement Regalado Chief Michael Shelton Captain Robert Barnes Lt.Richard L. Strosnider Firefighter John Barr

Miami Bicycle Month Mayor Proclamation

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14-00157 Protocol Item.pdf

PRESENTED

1. Mayor Regalado and Vice Chair Hardemon presented commendations to the Alpha Phi Alpha Fraternity for their leadership in the mass mobilization efforts to bring an end to segregation in the United States; further recognizing their efforts in creating a national monument honoring the remarkable legacy of American Nobel Prize winner Reverend Martin Luther King, Jr.

2. Commissioner Sarnoff honored the Greater Miami Jewish Federation for their leadership in the mass mobilization efforts to bring an end to segregation in the United States; further recognizing Rabbi Solomon Schiff, Rabbi Emeritus of the Greater Miami Jewish Federation, for being an inspiring leader in interfaith relations by advocating the importance of working together as a caring community to combat hatred, bigotry, intolerance, indifference and ignorance.

3. Mayor Regalado and Fire Chief Kemp presented Certificates of Appreciation to firefighters for their service of over forty (40) years of excellent work performance and high level of professionalism; further applauding their outstanding accomplishments during their tenure with the City of Miami and wishing them continued success in their future endeavors.

4. Mayor Regalado presented a proclamation in recognition of Miami Bike Month, valuing bicycling as a viable and environmentally sound form of transportation; further recognizing that the City of Miami works with the Green Mobility Network whose members strive to make Miami a healthier, environmentally smarter and more congenial place to live by reducing our reliance upon automobiles and encouraging convenient bicycle access throughout the City.

Chair Gort: Mr. Mayor.

Mayor Tomás Regalado: Thank you, Mr. Chairman.

Presentations made.

APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:

Motion by Vice Chair Hardemon, 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: First, I'd like to have the Clerk -- do we have any minutes to be approved?

Todd B. Hannon (City Clerk): Chair, we have for Commission consideration and approval the Planning & Zoning meeting minutes from the January 23, 2014 Commission meeting.

Chair Gort: Thank you. Do I have a motion?

Vice Chair Hardemon: So moved.

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

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. City of Miami Page 4 Printed on 3/24/2014 City Commission Meeting Minutes February 27, 2014

The Commission (Collectively): Aye.

END OF APPROVING MINUTES

MAYORAL VETOES

NO MAYORAL VETOES

Chair Gort: Do we have a Mayor's veto?

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

Chair Gort: Thank you.

ORDER OF THE DAY

Chair Gort: Madam Attorney will you go with the procedure? At this time we go to the Mayor.

Victoria Méndez (City Attorney): Procedures? Oh, the Mayor, okay. Thank you.

Chair Gort: Go ahead, Victoria, do the procedures. Victoria, do the procedures.

Ms. Méndez: We will now begin the regular meeting. 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 City 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 held -- heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise-making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. 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 the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today.

Chair Gort: Thank you, Madam Attorney.

Later…

Chair Gort: What I'd like to do at the -- request that the Administration, Mr. Manager, if you have any items that you want to defer or withdraw, I'd like to announce at this time, and then the Mayor would like to ask me for a privilege to make an introduction.

Johnny Martinez (City Manager): Mr. Chair, we have a few items. Defer RE.3, continue PH.10, and PH.11, withdrawn -- is withdrawn.

Todd B. Hannon (City Clerk): Mr. City Manager, regarding RE.3, you're deferring that to a date certain. What is the date exactly?

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Mr. Martinez: Deferred, I guess, to the second meeting in the next month.

Mr. Hannon: Okay, so we're going to continue item RE.3 to the March 27 meeting?

Mr. Martinez: Right, correct.

Vice Chair Hardemon: I have a question.

Chair Gort: My apology.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes, sir.

Vice Chair Hardemon: Did we say we're deferring RE.10?

Mr. Martinez: Continue PH.10.

Vice Chair Hardemon: Oh, PH.10, okay.

Mr. Martinez: Withdraw PH.11.

Chair Gort: Mr. Manager, I apologize. I didn't have a pen at that time. Could you go over it slowly again, please?

Mr. Martinez: Yes. Defer RE.3, continue PH.10, withdrawn PH.11.

Chair Gort: PH.11. That's withdrawn, completely out. And that stands for that item.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: I'm sorry; one more time, Mr. Manager. I apologize.

Mr. Martinez: Defer RE.3.

Commissioner Carollo: Until when?

Mr. Martinez: To the second meeting in March.

Commissioner Carollo: Okay.

Mr. Martinez: Continue PH.10. PH.11 is withdrawn.

Commissioner Carollo: And PH.10 continued to when?

Mr. Martinez: To the next meeting.

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

Mr. Hannon: Excuse me, Chair. Mr. City Manager, you're deferring PH.10 to March 13 or continuing it to March 27?

Mr. Martinez: Twenty-Seventh.

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Mr. Hannon: Okay. Thank you.

Chair Gort: Mr. Mayor. Somebody get the Mayor, please.

Mr. Hannon: Chair.

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

Mr. Hannon: Chair.

Chair Gort: Yes.

Mr. Hannon: If we could get a motion on the withdrawals and continuances?

Commissioner Sarnoff: So moved.

Commissioner Suarez: Second.

Chair Gort: Been moved and second. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Commissioner Carollo: And Mr. Chainman.

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

Commissioner Carollo: There's two items that I would like to table, if possible for the afternoon.

Chair Gort: Yes.

Commissioner Carollo: One is RE.5, and again, it could be, you know, early afternoon, but I would like to table that to the afternoon so I could get a little bit more time to read up on it. And the other one is PH.3. Again, I don't think we need a motion, but I just --

Chair Gort: Table it for this afternoon?

Commissioner Carollo: Yeah.

Chair Gort: Okay.

Commissioner Carollo: Thank you.

Chair Gort: No problem.

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CONSENT AGENDA

CA.1 RESOLUTION 14-00072 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED JANUARY 7, 2014, PURSUANT TO INVITATION FOR BID NO. Administration 391312, FROM ORACLE ELEVATOR COMPANY, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO FURNISH AND INSTALL NEW TRACTION MACHINES FOR ELEVATORS, IN A TOTAL NOT TO EXCEED AWARD AMOUNT OF $257,703.60; ALLOCATING FUNDS IN A TOTAL BID AMOUNT NOT TO EXCEED $234,427.60, FROM GRANTS PTAEO ACCOUNT 40-B40410.05.1426.EQUIPMENT. 241000; AUTHORIZING AN OWNER CONSTRUCTION CONTINGENCY AMOUNT OF TEN PERCENT (10%) OF THE TOTAL BID AMOUNT, IN AN AMOUNT NOT TO EXCEED $23,427.60; ALLOCATING FUNDS FROM ACCOUNT CODE PTAEO 40-B40410.05.1426.EQUIPMENT. 241000. 14-00072 Summary Form.pdf 14-00072 Award Recommendation Form.pdf 14-00072 Bid Tabulation.pdf 14-00072 Invitation For Bid.pdf 14-00072 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

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

R-14-0055

Adopted the Consent Agenda

Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

END OF CONSENT AGENDA

Chair Gort: Consent agenda. The -- there's only one item. Do I have a motion on the consent agenda?

Commissioner Carollo: So moved.

Chair Gort: It's been move by Commissioner Carollo; second by Commissioner Sarnoff.

Commissioner Sarnoff: Second, yeah. Sorry about that, Mr. Chair.

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

The Commission (Collectively): Aye.

Chair Gort: Thank you.

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PUBLIC HEARINGS

9:00 A.M.

PH.1 RESOLUTION 14-00046 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2014-2015, Development IN THE PROJECTED AMOUNT OF $2,132,146.00, IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE PROGRAM YEAR 2014-2015; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 14-00046 Summary Form.pdf 14-00046 Notice to the Public.pdf 14-00046 Pre-Legislation .pdf 14-00046 Back-Up from Law Dept.pdf 14-00046 Legislation.pdf 14-00046 Attachment A.pdf 14-00046 Exhibit - Agreement.pdf

Motion by Commissioner Sarnoff, 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-14-0056

Chair Gort: PH.1.

George Mensah: Whoa, this is a very difficult act to follow. This is George Mensah. I'm director of Community Development. Commissioner, PH.1 is a resolution authorizing the allocation of program year 2014-2015 CDBG (Community Development Block Grant) funds, in the projected amount of about $2.1 million in economic development category, to the agencies that are specified, and the agencies -- and Allapattah Business Development, $72,000. In district (UNINTELLIGIBLE), we have Coconut Grove Park, but that will move to a reserve account, to be allocated in a later date, that in an amount of $303,000; Community Center Playground, 450,000; Community Development Façade Construction Reserve, 360,000; and the rest are unallocated funds in an amount of 946,000, which will be allocated at a later date.

Chair Gort: Thank you. Let me hold you for a minute. I've been corrected.

Later...

Chair Gort: I'm sorry; go ahead, sir.

Mr. Mensah: That's alright(UNINTELLIGIBLE). Should I read the items again? I finished the item.

Chair Gort: You did?

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Mr. Mensah: PH.1.

Chair Gort: This is a public hearing. Is anyone in the public that would like to address PZ.1 [sic]? Is anyone in the public would like to address PZ.1 [sic]?

Commissioner Sarnoff: It's PH (Public Hearing).

Mr. Mensah: PH.1.

Commissioner Carollo: PH.

Chair Gort: PH.1, I'm sorry. PZ.1. I'm going ahead of myself today, hey. PH.1, anyone? None shown. None come forward. Public hearing is closed. Comments. Motions.

Commissioner Sarnoff: Do you need a motion?

Chair Gort: Yes.

Commissioner Sarnoff: Oh, I'm sorry. I'll move it.

Chair Gort: Moved by Commissioner Sarnoff.

Commissioner Carollo: Second.

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

The Commission (Collectively): Aye.

PH.2 RESOLUTION 14-00047 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2014-2015, Development IN THE PROJECTED AMOUNT OF $646,649.00, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") ENTITLEMENT GRANT FUNDS AND IN THE PROJECTED AMOUNT OF $112,500.00 FROM PREVIOUS YEARS' PROGRAM INCOME, FOR A TOTAL PROJECTED AMOUNT OF $759,149.00, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING APRIL 1, 2014; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00047 Summary Form.pdf 14-00047 Notice to the Public.pdf 14-00047 Pre-Legislation.pdf 14-00047 Back-Up from Law Dept.pdf 14-00047 Legislation.pdf 14-00047 Attachment A.pdf 14-00047 Exhibit - Agreement.pdf 14-00047-Submittal-Kidco Child Care Annual Report.pdf

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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-14-0057

Chair Gort: PH.2.

George Mensah (Director, Community and Economic Development): PH.2 is authorizing the allocation of CDBG (Community Development Block Grant) funds in the public service category to the following agencies. And I just want to say for the record that these are just preliminary allocations. In March, you will -- and in April, we'll come with more allocations. And these are: Allapattah Community Action, 152,000 approximately; Catholic Charities Archdiocese of Miami, 12,444; Centro Mater Child Care, 12,090; De Hostos Senior Care Services, 12,090; FANM (Fanm Ayisyen Nan Miyami, Inc.), 10,000; Fifty [sic] Years & Up, 5,396; Jose Perez de Castano Kidney Foundation, 5,810; Little Havana Activity Center, 119,664; Greater Miami Service Corps, 19,478; St. Albans, 23,960; Sunshine For All, 50,000; ADE (The Association for the Development of the Exceptional), 23,663; the Sundari Foundation, 11,214; Thelma Gibson, 43,458; Urgent, 10,000; and the rest are unallocated, in the amount of 255, and those will be allocated in the next few Commission meetings.

Chair Gort: Thank you. It's a public hearing. Is anyone in the public would like to address PH.2?

Helena Delmonte: Helena Delmonte, CEO (Chief Executive Officer) of ADE, Association for the Development of the Exceptional, serving adults with developmental disabilities for almost 40 years. I know what hard a process this is for all of the Commission. I thank you, because out of a very, very tiny funding pie, you always manage to cut enough pieces to be fair for Miami. I want to thank the department, and again, my blessing to the Commission on behalf of the adults with disabilities we serve. Thank you.

Chair Gort: Thank you. Yes, ma'am.

Nilsa Velazquez: Good morning. My name is Nilsa Velazquez. I'm the executive director of Kidco Child Care. I wanted to congratulate Commissioner Suarez for baby. I have four of my own. Kidco Child Care is a nonprofit organization, and we've been in the community for 38 years. Since day one, we've been having -- getting funding from CDBG, and that was a grassroot [sic] effort. When the targeted area started CDBG funding, Kidco was one of the pioneers in the Wynwood community. This is the first year out of that -- those years that we have not been recommended for funding. As you Commissioners know, most of you, Kidco is an icon in the community. We've been -- we are accredited. We have a training component that is extremely important for the teachers, and we provide education, not just child care. So I'm appealing to you at this time, with additional fundings that might be available, that you consider maintaining our services. Most of the services we offer is in District 5 and also we have in District 2, but we would like, you know, your support of Kidco, to continue with the funding. Thank you.

Chair Gort: Thank you, ma'am. My suggestion is write all the questions that come up so you can answer at the end of the presentation.

Mr. Mensah: Okay.

Chair Gort: Thank you. Next.

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Madelin Llanes: Good morning. My name is Madelin Llanes. I'm the administrator of Centro Mater, and I'm just here to thank Commissioner for his continued support over the years to our center and tell you that this year we're turning 46 years of service to the East Little Havana community, and as you know, we have been a landmark in this -- for the families and children for many, many years, and I know that we have a great partnership with the City of Miami. And basically, I just want to say that I want Commissioner Carollo to come visit us and see all the wonderful things we are doing there. And I want to also thank personally Tomás Regalado, our Mayor, who has been instrumental in the services that we have been providing due to the cuts of the CDBG with his poverty initiative funds, and again, to thank you all for your support. Thank you.

Chair Gort: Thank you. Next.

Saliha Nelson: Good morning. Saliha Nelson with Urgent, Inc. We are a youth and community development organization in the Overtown community, and actually, we're going to be celebrating our 20-year anniversary. We're having a great birthday party on April 4; hope you guys can come out and celebrate with us. But we're here to say thank you to our new Commissioner, Commissioner Hardemon, for District 5, and fellow Commission for this continued support of our Rights of Passage for Girls program, which is geared to grow the next generation of social change agents coming out of the inner city, using their skills, assets, and talents to transform their communities. So we thank you very much, and have a great afternoon.

Chair Gort: Thank you. Yes, ma'am.

Constance Collins: Yes. My name is Constance Collins. I'm director of the Lotus House Women's Shelter. Our legal name is Sundari Foundation, Inc. First, I want to say thank you for including us in the allocation for approximately $11,000 and some change. And then I want to tell you this isn't enough, okay. Every day we are housing over 165 women and children. Our women and children are very high special needs. They come to us from all over the City, but we're located in Overtown. We are predominantly serving African-American women and Latino women and their children. We serve over 68,000 meals a year at this shelter. We have grown from one building to a larger shelter, plus housing with support services. Of that 165 women and children we feed every day, 65 are infants, tiny, zero to four years old. I know Commissioner Suarez is thinking right now how important it is to care for the littlest among us. We all have to care. It takes a village to raise a child. We get enormous support from the firefighters in the City of Miami. I want to say a special thanks to them and to the police in the City of Miami. We have enjoyed working with City Manager Martinez, and we look forward to working with our new City Manager. All of you have been helpful in some way for the shelter. We have grown over the years because of it, but we have grown because there is enormous need. Over the past year, we turned away well over a thousand women, youth, and children. In the eye count that just occurred from the Homeless Trust, over 4,000 individuals were counted as being homeless, sheltered and not. I can tell you that women and children survive by being invisible on the streets, so they're not counted in adequate numbers. We need your support. We need you to find more funds. The 11,000 and change that we're recommended for is approximately two and a half weeks of food at our shelter. We have another 49 and a half weeks that need to be addressed, so I'm hoping that you find somewhere in your budget and in your funding, a way to give us some additional support. Thank you.

Chair Gort: Thank you, ma'am. Next

Miriam Urra: Good morning, Mr. Chairman, Commissioners. My name is Miriam Urra, and I'm here representing Allapattah Community Action, Inc. We are a nonprofit organization in the Allapattah area, and we provide social services, mainly meals, to the elderly, to the low-income elderlies in our community. I'm here to thank you for your continued support to our program throughout the years. And I'd like to say that, unfortunately, the Community Block Grants

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programs that played a big factor providing services to all communities in the City of Miami are being cut and cut further throughout the years. And I'd like to congratulate my Commissioner, Willy Gort; the Mayor, and all the Commissioners for making a lot of efforts to keep all those services, you know, being provided and not make us cut those services to those much-needed families. So thank you very much.

Chair Gort: Yes, ma'am. Thank you. Anyone else?

Geneva Pinlasya: Yes. Good morning. My name is Geneva Pinlasya. I'm here speaking for Curley House. We desperately need your help. We don't want it to cut off. I, myself, I really need it, because I were getting food stamp. They were giving me $10 food stamp. And I had to go to 6600, or whatever it is, 57th Avenue for $10. I didn't go. I speak to the case worker on the phone; tell her -- say it's too far for $10, and she raised it to $16. And I had to go in Coconut Grove then at that time. And I went -- as long as they were putting it on the card, I accept it, but I never went, so they cut me off altogether. And the only assistant [sic] I am getting now is from Curley House and my check. And when that is finished, it is finished. Thank you.

Chair Gort: Thank you, ma'am. That wasn't for you. That was for the noise outside.

Levern Elie-Scott: Good morning, I am Levern Elie-Scott, the executive director of Curley's House. We brought a few of our seniors with us this morning. With those cuts in the budget -- well, first of all, this is the first year that we was not recommended for any funding after about ten years, so we are here to definitely plead our case. Many of our seniors, like she said, with those cuts in food stamps -- They was getting $5 to $7 in food stamps. Now they're not receiving anything. Their checks are so small, 4 to $700 a month. I mean, after they pay their rent, the medication, that leaves them with nothing to purchase the food with. This is why our program is so important, and we're asking you all to continue supporting us. I think all the Commissioners that have supported us this far -- Commissioner Gort, Sarnoff, Carollo, Suarez -- can't say enough about the Mayor 'cause he has really supported our community a lot, and we really appreciate that. And Commissioner Keon, we know that you're going to support us and help us with our seniors, and we're really looking forward to you being that community servant, so we appreciate your help as well. Thank you.

Chair Gort: Thank you, ma'am. Anyone else? Okay, public hearing is closed.

Mr. Mensah: Mr. Chair, just as I put it on the record at first, these fundings are the -- these allocations are preliminary allocations. We still have an additional 255,745 that is yet to be allocated and those will be allocated as time goes on. So those --

Chair Gort: My understanding is some of the reserves, some of the ones that were granted -- their grants for years, they didn't show this time, but they might have an opportunity with the reserve to receive some funding.

Mr. Mensah: There is an opportunity. As you know, the process has been the RFP (Request for Proposals) process. Certain agencies, if you didn't score -- those who score well in the RFP process, I then made recommendation; and we look at the district priority, what are the priorities in the district, and based on that, funding is made. Like I said, we're still in that process. These are the initial round of allocations, and additional allocations will be coming forth.

Chair Gort: Okay, thank you. Wait a minute. You want to speak?

Leverne Holliday: Good morning. My name's Leverne Holliday. I am the assistant director of Curley's House. Unfortunately, this year was one of the first years, as Ms. Scott said, that we were not recommended for funding. Our program is entirely -- a lot of our seniors depend on our program. We presently have over 200 people that we cannot serve. Edison Plaza is one. I

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appreciate your support. I would appreciate reconsideration for recommendation. And in the interim, I'd like to thank Commissioner Gort -- Chairman Gort, Commissioner Carollo, Commissioner Suarez, Commissioner Sarnoff, and the Mayor for all of your support, continued support; and I would like to thank you and implore you to find some way to help us keep this program. Commissioner Hardemon, looking forward to helping you -- you helping us as well. Thank you.

Chair Gort: Thank you. Yes, sir.

Vice Chair Hardemon: I want -- part of the things that come to my mind -- I know that through this RFP process, organizations have to score a certain number of points. And if they score a certain number of points, then they are, in a sense, recommended not by the Commissioners, but by --

Mr. Mensah: My department.

Vice Chair Hardemon: -- the department --

Mr. Mensah: Yes.

Vice Chair Hardemon: -- as to what the allocation should be. And all the discussion that we keep having about their being additional funds means that those organizations who did not score high enough or who were nonresponsive in their bids, they will have an opportunity to get money through the Commissioners' allocation of funds in the future. Is that correct?

Mr. Mensah: That's correct.

Vice Chair Hardemon: So -- for instance, some of the organizations that may be -- well, one of the organizations, for instance, that is a part of that would be Curley's House; is that correct?

Mr. Mensah: Yes, that's correct.

Vice Chair Hardemon: So I just want it to be clear for the record, because I -- to me, it rubs me the wrong way where the moment that I find out about this type of issue that we're having in organizations such as Curley's House is a part of this dilemma where they're not receiving their funding, as I would say, upfront, the first thing that I did was I approached Curley's House and let them know, no matter what, I will support you because of what you do for this community. And so I do thank all of my Commissioners here for supporting Curley's House in their votes in the past. But I want it to be also clear that even with the leftover funds that I have right now from last year, as of maybe a couple days ago, I gave those monies to Curley's House to be allocated in the future.

Mr. Mensah: Yes, that's correct.

Vice Chair Hardemon: So I want it to be very clear that when we say -- or when it is said that this is the first time that Curley's House is not recommended funding, that is not through the fault of this Commission, that is not through the fault of this Commissioner, especially where this is an organization that mostly services my community. The history of it, of course, is not a secret. So I want that to be very clear for this record, and for the people of the community, and for the people that receive services from Curley's House, that this Commissioner has been committed to supporting them, and that is what I've chosen to do by giving them the funds up front so that they can have some monies to allocate to their different services until we put the new allocations onto the agenda. Thank you.

Mr. Mensah: Yeah.

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Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it --

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

Chair Gort: Yes.

Mr. Hannon: I do need a motion.

Commissioner Sarnoff: So moved.

Chair Gort: I didn't have a motion. Sorry. Commissioner --

Commissioner Carollo: Second.

Chair Gort: Moved by Commissioner Sarnoff; second by Commissioner Carollo. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: PH.3, having been --

Mr. Mensah: PH.3 has been tabled.

Chair Gort: -- later on.

Commissioner Carollo: Tabled till the afternoon.

Chair Gort: Tabled.

PH.3 RESOLUTION 14-00048 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and TRANSFER OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT Economic FUNDS IN THE AMOUNT OF $500,000.00, FROM THE CITY OF MIAMI Development ("CITY") DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM INCOME, TO THE CITY'S CAPITAL IMPROVEMENTS PROGRAM DEPARTMENT FOR THE COMMUNITY CENTER PROJECT LOCATED AT 1320-1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FOR THE CONTINUED CONSTRUCTION OF A NEW PLAYGROUND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00048 Summary Form.pdf 14-00048 Notice to the Public.pdf 14-00048 Pre-Legislation.pdf 14-00048 Back-Up from Law Dept.pdf 14-00048-Memo-City Manager-Substitution for PH.3.pdf 14-00048-Legislation-SUB.pdf

Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, 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

City of Miami Page 15 Printed on 3/24/2014 City Commission Meeting Minutes February 27, 2014

R-14-0112

Chair Gort: Do I have a motion to adjourn?

Commissioner Carollo: No.

Chair Gort: No?

Commissioner Carollo: No. We still have PH.3.

Chair Gort: PH.3. Come on back; PH.3.

George Mensah: George Mensah, director of Community Development. PH.3 is a resolution authorizing the transfer of additional Community Development Block Grants, in the amount of $500,000, from CDBG (Community Development Block Grant) Program income to CIP (Capital Improvements Program), for the construction of the park at 1320 to 1330 Southwest 12th Avenue.

Commissioner Carollo: Move it.

Chair Gort: It's been moved; is there a second?

Commissioner Sarnoff: Second.

Chair Gort: Anyone would like to discuss it? Seeing none, being none --

Todd B. Hannon (City Clerk): Chair.

Chair Gort: Yeah.

Mr. Hannon: It is a public hearing item.

Chair Gort: I already did and --

Mr. Hannon: My apologies; sorry, sir.

Chair Gort: Okay, come on in.

Alex Suarez: I wanted to start off by thanking Francisco Garcia. He's been extremely --

Chair Gort: Name and address again, please.

Mr. Suarez: I'm sorry. Alexander Suarez, 1231 Southwest 14th Street. I've lived there for 37 years; my entire life. I grew up in the home; the house has been in my family for three generations. I wanted to start off by thanking Francisco Garcia. He's been extremely generous with his time throughout the process and really educating us on the process, and I get that we're going to have input inside of his communication. He's been really great. I also wanted to thank Commissioner Carollo. I'm sorry that I -- if I took something out of context earlier, and I think in the end, we want the same thing. You want to better this neighborhood, and we really appreciate that you want to better this neighborhood. I think that you are missing a little bit with the intention of what the surrounding neighborhood wants, and I really hope you're open to the possibility of working with us to make sure you put something in place that works for us. The item that you're going to be discussing now and voting on is whether or not to transfer 500,000 -- I'm sorry -- an additional $500,000 for the continued construction of the park, okay? Those $500,000 do not include the acquisition of the land, do not include the demolition of the improvements that were on the land, and do not improve [sic] all the monies that were allocated

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for the rec center, as well. What we -- what I find somewhat laughable in reference to this is that those $500,000 will not even pay for half of what is being proposed inside of those drawings. A total cost of $1.4 million in addition is being proposed to be spent on the building of that that I honestly don't think anybody would consider a City park. Add in the land cost and all the monies already spent on those two parcels, and we're potentially spending $2 million for less than 10,000 square feet of land in a residential neighborhood; 2 million for 10,000 square feet that's a residential lot. Now, I'm certain that it's been a long day here, and I'm sure -- I really want to acknowledge you guys for being here. I know you guys have spoken with many -- for many money issues today, especially with the City of Miami Police, and I'm certain that there's -- we're not the only residents inside of the City of Miami that would concur that this money could be better spent somewhere else; $2 million. I request, I plead that this Commission vote practically here and stop this exaggerated expenditure before it continues. If the City is intent in putting this park in place that can be a positive, please let it be a simple, passive park that'll be a benefit to our community; nice trees, nice grass that will be a benefit to our community. Simply stated, the two depictions of parks you saw today was one that's going to cost the City $2 million and one that'll cost the City an incredible amount less. Thank you very much.

Chair Gort: Thank you. Did you explain the funds that they have --

Commissioner Carollo: Mr. Chairman.

Chair Gort: -- committed? That doesn't mean they have to spend the whole funds; they will have to come up with a plan; they have to make an allocation for “X” amount of fund. What I'm going to request, and I'm sure our people will do it, is show you all the finance that it takes place. At the same time, as you get together with the Commissioner, I'm sure with the design, the park he decided to do and how much it's going to cost, it's going to be (UNINTELLIGIBLE).

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: I think I have made a reputation of being frugal with City funds, and I think even some Commissioners would say too frugal, and some administrators will say too frugal; he's actually -- goes down from CIP (Capital Improvements Program) projects to budget, looking at all the dollars and cents. So I can assure you that, once again, I will be frugal, but when you're talking about federal funding that we just faced a timeliness test, and these are the funds that we have used for acquiring land, proposing, you know, it's a very good use of money, 'cause I didn't hear anybody complain in the past where we spent $750,000 on façade programs, and I didn't see a bang for our buck. All I could say is -- and I see Commissioner Sarnoff laughing, and you know I'm extremely frugal -- just because something is allocated doesn't mean that money's going to be spent. As a matter of fact, I was one of the main persons that spoke to our Administration and wanted to pull the accounting from CIP and put it into the Finance Department because of too many projects. And our auditors will tell you -- it's not just me -- there's too many projects that, when closed, had money still left over, and no one has seen that those monies should be reallocated to other projects, and so forth. So again, I go on my history, Commissioners. You know how frugal I've been with money, and just because we allocate something doesn't mean that's what we're going to spend. However, I do want that flexibility; it's District 3 dollars, even though you'll see that it's program income. But I think our CD (Community Development) director has explained it to you all. Thank you. And I moved the item, right? Okay.

Chair Gort: Second by Commissioner Sarnoff; any further discussion? Being none, is this a --

Commissioner Sarnoff: Resolution.

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Chair Gort: -- resolution. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: Do I have a motion to adjourn?

Commissioner Carollo: Motion to adjourn.

Commissioner Sarnoff: Second.

Chair Gort: Thank you.

Commissioner Carollo: Thank you, Commissioners. Thank you all.

Chair Gort: For Johnny Martinez, as the City Manager, and we want to thank you for all the work you done, and for your patience, and sorry we made you (UNINTELLIGIBLE). We'll see you on Monday.

PH.4 RESOLUTION 14-00049 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") FIVE-YEAR Economic CONSOLIDATED PLAN FOR FISCAL YEARS 2014-2018 AND THE ANNUAL Development ACTION PLAN FOR FISCAL YEAR 2014-2015, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S FIVE-YEAR CONSOLIDATED PLAN FOR FISCAL YEARS 2014-2018 AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2014-2015 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 14-00049 Summary Form.pdf 14-00049 Notice to the Public.pdf 14-00049 Back-Up from Law Dept.pdf 14-00049 Legislation.pdf 14-00049 Exhibit.pdf

R-14-0059

Chair Gort: PH.4.

George Mensah (Director, Community Development): PH.4 is approving the City's Five-Year Consolidated Plan for fiscal year 2014-2018 and the Annual Action Plan for 2014-2015.

Chair Gort: Okay. This is a public hearing. Is anyone would like to address PH.4? Anyone in the audience? PH.4; being none, the public hearing's closed. Comments among board members.

Commissioner Sarnoff: So moved.

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

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Commissioner Carollo: Second. Discussion.

Chair Gort: Discussion.

Commissioner Carollo: Mr. Chairman, I'm -- the only thing with PH.4, I'm seeking clarity with regards to what we could allocate the monies for and what we cannot allocate the monies for. I have had this issue in the past, and again, I -- what I'm seeking is clarity to verify. In all fairness -- First of all, I've asked this question before, and I have gotten different answers. I had one answer from the previous -- I don't know if the correct title is HUD (Housing and Urban Development) --

Mr. Mensah: The district director for Community Development.

Commissioner Carollo: District HUD director for Community Development that came before us, and at the same time, a little after that, I received, I think it was either a memo or some type of explanation --

Mr. Mensah: Memo.

Commissioner Carollo: -- from our Community Development saying that -- something different. And the question is very simple: In the façade programs, can we allocate monies for windows and doors? Because it's my understanding that for façade programs, it's the exterior of the building, not necessarily the interior. So as soon as you touch windows or doors, it seeks into the interior, and I just want to make sure that we allocate to projects that are allowable and we don't have to de-obligate in the future and pay the federal government fundings from our general funds. So with that said, I don't see in that thick amount of papers and wording anything that stipulates that we can do it. I think earlier on there's something -- and if you give me a second, let me look at it real quick. I think in one of them, I saw something where you cannot do it. So if you give me one second -- and again, I'm seeking clarity. I have -- okay. It's eligible rehabilitation and preservation activities, so it's a State statute, and it says here “Publicly or privately owned commercial or industrial buildings, except that rehabilitation of such buildings owned by private for-profit business, is limited to improvements to the exterior of the building; abatement of asbestos, hazardous led-based paint hazards, and correction of Code violations.” It might be a little different, but I know this was pointed out to me. But the bottom line is I'm seeking clarity for the façade programs. You know, it's something that -- especially now in areas of Southwest 8th Street, we're pursuing façade programs, and one of the issue is windows and doors. Mr. Mensah: Commissioner, windows -- as you know, windows and doors have always been part of a façade of a building. You cannot move façade of a building without windows. Windows are usually part of the façade. I think where you -- the issue is, is that -- The last time the question was: Can you install a window without going into the interior? The -- what HUD has always said -- and I think the response that was provided to you was provided by HUD technical assistance and not the HUD. We have an ability to ask HUD a question through what we call 1-CPD (Community Planning Development), and they provide answers to it, and those answers are bona fide HUD answers which we use in our work. The question is when you install a window or a door and you go inside just to, let's say, plaster the -- where you install the door, is it eligible? The point is that it has always been eligible. The -- you asked that question to someone who is not practicing the business at that time. Maria Ortiz is a professional who is a manager in the HUD office. Typically, the question usually goes to technical staff in HUD in Washington, DC (District of Colombia) and they're the ones that ask the -- answer the question. I've always known and it's always been the case that anything that is incidental -- going to the inside of the building to plaster a place where you place a window is incidental to the exercise of façade program. It is not the main reason. If you do something in the inside, which is the main reason for your -- for that work, then that is not eligible, but the façade, which is the window --

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you install a window and you have to go to the inside of the building, just so you can plaster, or make sure the window is fit, that is allowed, because it's just an incidental. The word is "incidental" action that you have to take to ensure that the windows is placed well, so that has always been eligible and has never been an issue. The same day that issue came up, I went to Maria and I told Maria, “Maria, you made a mistake. You shouldn't have answered a question that” -- She had pointed out that she was confused on the dais. You know, sometimes not everybody is used to standing here and giving answers just left and right, and she got confused. And we went to HUD, the technical 1-CPD, and got an answer so that we have it in black and white, the fact that installation of windows and doors are eligible façade activities.

Commissioner Carollo: Okay. I -- again, and you understand why the confusion or at least my hesitation, because, you know, when I first came to the Commission, one of the first items that we dealt with was the de-obligation of certain funds from HUD, because they were not spent in adequate uses, and therefore, we have to pay HUD back that money from the general fund. We've been doing a pretty good job in the last few years of avoiding issues like that, but at the same time, when you have the representative, and supposedly the secretary of this district of HUD and we ask her a point blank question and she says, “I will stay away from doing that and” --

Mr. Mensah: Yeah.

Commissioner Carollo: -- you know. I mean, obviously, I'm concerned. So, again, when this -- when I saw this and I read through it, I didn't see this being addressed or at least something clear saying that it is allowed and that's why I wanted to --

Mr. Mensah: Okay.

Commissioner Carollo: -- get you on the record saying that.

Mr. Mensah: Thank you.

Commissioner Carollo: Thank you.

Chair Gort: It is now being on the record, my understanding is you have it in black and white right now?

Mr. Mensah: Yes, we do.

Chair Gort: Please make sure that all the Commissioners received it and --

Mr. Mensah: We do have it in black and white.

Chair Gort: -- that all the agencies that provide the service.

Mr. Mensah: Okay.

Chair Gort: Okay.

Chair Gort: Thank you. Is any further discussion? Do I have a motion?

Todd B. Hannon (City Clerk): Chair, we already have a motion and a second.

Chair Gort: We have a motion already, good. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

City of Miami Page 20 Printed on 3/24/2014 City Commission Meeting Minutes February 27, 2014

PH.5 RESOLUTION 14-00045 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Economic AMENDMENT NO. 5, TO THE AGREEMENT WITH FLAGLER FIRST Development CONDOMINIUMS, LLC, IN SUBSTANTIALLY THE ATTACHED FORM, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); PROVIDING AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL THE PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL JUNE 30, 2015. 14-00045 Summary Form.pdf 14-00045 Pre-Legislation.pdf 14-00045 Legislation.pdf 14-00045-Exhibit-SUB.pdf

R-14-0058

Chair Gort: PH.5.

Vice Chair Hardemon: Four.

Unidentified Speaker: PH.5. We just finished --

Mariano Cruz: What about PH.4?

Commissioner Carollo: No.

Chair Gort: (UNINTELLIGIBLE) long time ago.

Commissioner Carollo: That's PH (Public Hearing) -- we're on PH.5.

Chair Gort: PH.5.

Mr. Cruz: There's no PH.4 today?

Commissioner Carollo: We just did it.

Chair Gort: We just did it, and I asked for a public hearing; it was opened.

George Mensah (Director, Community and Economic Development): PH.4 --

Victoria Méndez (City Attorney): Mr. --

Unidentified Speaker: Good morning, Mr. Chair.

Mr. Mensah: PH.5 --

Chair Gort: PH.5.

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Mr. Mensah: -- is authorizing the City Manager to execute Amendment Number 5, in substantially the attached form, to the agreement with Flagler First Condominiums, relating to the redevelopment of affordable housing condo project known as Flagler First Condominium, located at 101 East Flagler Street, Miami; providing an extension of deadline for the sale of all project residential units until June 30, 2015.

Ms. Méndez: Mr. Chair, may I note?

Chair Gort: Yes.

Ms. Méndez: May I note for the record that on page 2 of 5, paragraph 3(b), the dates should be June 30, 2015 as noted by Mr. Mensah, not '14, as is in the document.

Chair Gort: Thank you.

Ms. Méndez: Thank you.

Todd B. Hannon (City Clerk): Madam City Attorney, is that for item PH.4?

Mr. Mensah: PH.5.

Ms. Méndez: That is page --

Mr. Hannon: PH.5.

Ms. Méndez: -- 5 -- page 2 of 5, paragraph 3(b).

Chair Gort: Two five, three “b.”

Mr. Hannon: Thank you.

Chair Gort: Thank you. It's a public hearing. Is anyone in the public would like to address this?

Richard Kuper: Good morning, Mr. Chairman --

Chair Gort: Yes. (UNINTELLIGIBLE).

Mr. Kuper: -- and members of the Commission. Richard Kuper, here on behalf of Mr. Sergio Rok, managing partner of Flagler First Condominiums. I'm an attorney. My law offices are at 266 East Flagler Street, downtown Miami. We're here to answer any questions.

Chair Gort: Okay.

Commissioner Sarnoff: Move to approve.

Commissioner Carollo: Second.

Chair Gort: It's been moved by -- we close the public hearings [sic]. Anyone else would like to speak on this item, PH.5? Being none, showing none, close the public hearing. Moved by Commissioner Sarnoff; second by Commissioner Carollo. Discussion.

Vice Chair Hardemon: Yes, Mr. Chair.

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Chair Gort: Yes.

Vice Chair Hardemon: I have one question for you. The issue that you're having with Miami-Dade County as far as the additional restrictions, I had some indication of what it could be, but could you let us know on the record exactly what type of problems are you having with selling the units in relation to Miami-Dade County?

Mr. Kuper: Well, one of the issues is the AMIs (Area Median Incomes), and they're set at 80 percent, and it makes it very difficult for people to qualify in order to get these apartments or these condominiums, so we're working with the County. Mr. Rok has already retained some -- a real estate broker who's working with the County and the County Attorney's Office. I will be on board working with them also to see if the federal funds that they gave for this project are -- legally, we're allowed to have 120 percent instead of an 80 percent AMI on it.

Vice Chair Hardemon: And my next question will be is it that you haven't sold 81 units, or 11 or 12 of them?

Mr. Cooper: No, we've sold -- The total project was 91 units, and the only pending units are 11, and based -- those elevens [sic] are the ones that have the County restrictions. We sold in the last year four -- the last year, 14 units with the City restrictions and made it very easy, but with the County restrictions we're having difficulties, but it seems that they're willing to work with us. Within their legal ramifications, they're willing to work with us, and we're proactively willing to work with them, 'cause our goal is to have it all sold way before the deadline, the extension.

Chair Gort: Thank you. Anyone else? There was a motion by Commissioner Sarnoff; it was second by Commissioner Carollo. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

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

Chair Gort: Thank you.

Mr. Kuper: Thank you, Mr. Chairman and members of the Commission.

PH.6 RESOLUTION 13-01444 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF ADDITIONAL Economic COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL Development AMOUNT OF $100,000.00 FROM THE CITYWIDE RESERVE ACCOUNT; ALLOCATING SAID FUNDS AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE COMMERCIAL FAÇADE AND CODE COMPLIANCE PILOT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01444 Summary Form.pdf 13-01444 Notice to the Public.pdf 13-01444 Pre-Legislation.pdf 13-01444 Legislation.pdf 13-01444 Exhibit A.pdf 13-01444-Submittal-Facade Pilot Program 2013.pdf

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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-14-0060

Chair Gort: PH.6.

George Mensah (Director, Community and Economic Development): Commissioner, PH.6 is authorizing the allocation of additional funds, in amount of $100,000, to Rafael Hernandez for façade in District 5.

Chair Gort: Okay, it's a public hearing. Is anyone in the public would like to address this issue?

Mariano Cruz: Yeah.

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

Mr. Cruz: Yeah. Mariano Cruz, chairman of ABDA (Allapattah Business Development Authority), 801 Northwest 37 Avenue. I'm talking -- they say commercial, but sometimes we have to say no to commercial people that come for the façade or because they say that wholesalers are not allowed on -- the wholesalers, okay. And people tell me, you know, Allapattah is a lot of wholesalers there, right? Wholesalers. So you eliminate wholesalers, you eliminate 75 percent of the business there. So maybe HUD (Department of Housing and Urban Development) (UNINTELLIGIBLE) record, have something done -- the federal guidelines can be banned and change and do things. That's the federal guideline, I mean, from Housing and Urban Development. And the people tell me, “We pay a lot of taxes. We pay tax to the City, pay to the County, to the State, federal taxes, and then when there's a benefit, we cannot get it.” They tell us -- I send people there. Henry, he's got a -- he's in the produce market, and they say, “No, you are not allowed because you are a wholesaler.” They say, “You have to buy a retail place.” Then retail, you could have it, okay. Maybe HUD -- maybe your department can do something, lobby or do something, to allow wholesalers to receive the benefits too. Thank you.

Chair Gort: Thank you. Anyone else?

Luis Canales Quintana: Good morning, Commissioners. My name is Luis Canales Quintana. I'm the executive director for Rafael Hernandez Housing and Economic Development. On this year we have -- the agency have been for 20 years, established for 20 years, and we have been serving there District 5 and District 2. And this last year, we did 26 businesses with the façade program. I would like to -- for this next year to ask Commissioner Keon Hardemon for funding for the façade program for the next year for Rafael Hernandez Housing.

Chair Gort: Thank you, sir. Anyone else?

Leroy Jones: Good morning. Leroy Jones --

Chair Gort: Good morning.

Mr. Jones: -- Neighbors and Neighbors, 180 Northwest 62nd Street. I just wanted to know -- I know I missed PH.1, but I just want to know when the economic development category is going to be mentioned as far as recommendations?

Mr. Mensah: I can (UNINTELLIGIBLE) that (UNINTELLIGIBLE).

Chair Gort: He can give you that.

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Mr. Jones: Okay.

Chair Gort: Okay.

Mr. Jones: Thank you.

Chair Gort: Thank you. Anyone else? Anyone else? Close the public hearings [sic]. Comments. Motion.

Vice Chair Hardemon: Move it.

Commissioner Carollo: Second.

Chair Gort: Been moved by Vice Chairman; second by Commissioner Carollo.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Yes.

Commissioner Sarnoff: Let me just -- Commissioner Hardemon, if you would look at PH.7, you'll see that on Exhibit “A,” I'll -- there'll be a de-allocation of $42,040.59 from Rafael Hernandez Economic Development Corp for District 2. I would just caution you, my experience with Rafael Hernandez has not been extremely good. Their previous executive director has left. I don't know this present executive director, so I would just give you a significant bit of caution: If this was going to District 2, I would not be using it.

Mr. Mensah: I can --

Chair Gort: Any further discussion?

Vice Chair Hardemon: Well, let me rescind my motion for a moment in favor of some discussion.

Mr. Mensah: Can I --?

Vice Chair Hardemon: So I move to rescind the motion.

Chair Gort: Is the second --?

Todd B. Hannon (City Clerk): You can just, you know, remove your motion.

Chair Gort: Remove the motion.

Vice Chair Hardemon: And --

Commissioner Sarnoff: That's fine.

Commissioner Carollo: Second.

Vice Chair Hardemon: -- part of the discussion is that I had some concerns about -- that I had heard involving Rafael Hernandez Housing and Economic Development Corporation, so I thank you for bringing that up, because I wanted to have a meeting, a sit-down with Mr. Hernandez to actually speak about some of these things. And as I -- I mean, all of us know that façade improvements are extremely important, especially when you talk about the Allapattah area, the Overtown, the Liberty City areas, especially within District 5. My intention, of course, is to make

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sure that we reduce as much blight as possible in these areas. Although, I do realize that there are organizations other than Rafael Hernandez that has provided the façade improvements within my area. Now, this money that we have available now was being put back to Mr. Hernandez so that he could finish some improvements.

Mr. Mensah: Yes.

Vice Chair Hardemon: So I'd like to hear from you, Mr. Mensah, about, one, if I have any other options, and I'm thinking that maybe NANA (Neighbors and Neighbors) maybe has an option, and then you from -- Mr. Sarnoff, because I would like to know what your experiences were with them.

Mr. Mensah: If I can explain, Rafael Hernandez was -- used to be a very good organization. They had a very good executive director who was very proactive and was involved in every façade of the program. Unfortunately, that person left the organization. And for like two years, the organization was basically not there. They've gone through two executive directors at that period. And we had a project that already had started in District 2, and we couldn't just let it be. We had to encourage -- we had to make sure that we go in and assist whatever way possible so those projects got finished. They are currently -- there were letters, lawyers involved and everything with those projects, and the project's now completed, and the $42,000 remaining is the one that has been -- that has been allocated, and I personally was involved in those projects. I went to visit some of the businesses that were involved in it; mediated some of the issues that arose out of it so that we can close this. This particular project -- and that's the reason why these funds were from 2012-2013. That's like three years ago. The reason why Rafael Hernandez did not get any funding from the previous Commissioner or from any recommendation from us was because at that time, we lost confidence in the organization, so we didn't make any recommendation to the organization to be funded again, and they haven't been funded. This is old money that has been there. And what my challenge was when this new executive director came on board, we had a meeting and I said, “Okay, I'll provide you with all the technical assistance that you need.” I had one staff person who, periodically, was in their office, to try to guide them on how to manage this program. So the result is the fact that not only were they able to spend $202,000 in just about probably six or seven months, but they also had more businesses sign up. So I think that my job and the job of my staff is to assist organizations that are having difficulties to be able to improve so that they can be able to do the program, because we need them. Obviously, I cannot do the program. We need them in the community so that they can do. In your district, Commissioner, we had contacted our resources last year, and we provide them 200 and something thousand dollars, and they knew that they had until January 31 to do -- spend all the funds. They weren't able to spend the money because they were new and we provided the same extent to them. So we have another agency that came to assist in your district to do the façade apart from Rafael Hernandez. So this $100,000 is for them to complete what they've already started. And I entreat you that, you know -- As you know, always, when I come here, I come with the fact that if I see anything going wrong, I'm the first person to pull the plug on any project, and at this point, I think it's a program that has reached it's state. I'm not asking to be given any money for next year. I'm only asking that what they started, they complete. And that's the reason why this recommendation is in front of you.

Chair Gort: Okay.

Vice Chair Hardemon: Do you want to go into what you -- your experiences were with --?

Chair Gort: Do we have a motion?

Commissioner Sarnoff: Well, first off, understand that philosophical bend, which you may or may not share -- I suspect I'm one of the few guys up here that -- You know, façade improvement programs, I've looked at and I've experienced since I've been here, have not gone the way I

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expected them to go, and I'm not sure I'm a real believer in the façade improvement program, couple that with Rafael Hernandez and me working through them first with the capable -- what was -- Chanitza [sic]. Janitza was the --

Mr. Mensah: Janitza was the lady that was there.

Commissioner Sarnoff: Yeah. She was a capable person, but in the middle of her capability, she obviously left, and I think that program was -- so a program I didn't really believe in was nursed along. And when I say “nursed along,” I think if George Mensah wasn't there, it would not have happened. Are the results what I expected? No. I mean, candidly, Commissioner, I look at the “before,” I look at the “after.” We actually have one where I kept on asking, "Is this the 'before' or is this the 'after?'" And I think for the amount of money we put into these projects, I don't know that there is a profound result. So I just bring that to you from a philosophical bend and from a practical bend. I don't know that these programs do what they're intended to do. And when a Commissioner has to say “Is this the 'before' or is this the 'after?'” that's usually a bad sign.

Chair Gort: I have to tell you, my experience with the program has been very successful. Right now I'm implementing something that I implemented a long time ago. In little Havana, we created the Latin Quarters. It took a while, but today, you have over 10 buses full of tourists going there, and that's an economic impact. We're trying to create the same thing on Northwest 17th Avenue. We're beginning to get murals up. We're beginning to fix a whole block, not spaces by space, but a whole block so they can see the impact. And in the past, it was used very -- in Little Havana, it was used quite a bit, and it was very successful. So it all depends, the agency and who does it. And I apologize; I'm the one who stole Janitza away.

Commissioner Sarnoff: What's that?

Chair Gort: I'm the one who stole Janitza --

Commissioner Sarnoff: Oh.

Chair Gort: -- away to another corporation.

Commissioner Carollo: Mr. --

Chair Gort: Yes.

Vice Chair Hardemon: No, no, go ahead.

Commissioner Carollo: Thank you, Mr. Chairman. I actually have mixed feelings about -- yeah, I would say mixed feelings about the façade program. As a young rookie Commissioner coming in, I saw what was allocated the previous year and I think, actually, my jaw dropped, and it was in the area of $750,000. And the first thing I did was questioned where has that money gone and, actually, have we gotten bang for our buck. It took four years for me to allocate any more money to façade program, so it took a while. It took four years for me to like really look into it. And as you saw earlier today, I even questioned can you do -- 'cause you would agree that changing a storefront -- windows, doors -- is significantly more and can cause a lot more visual aesthetic, you know, especially when you put -- what's it called? -- impact-resistant glass, as opposed to the shelters --

Mr. Mensah: (UNINTELLIGIBLE).

Commissioner Carollo: -- and the shutters, so I've questioned it, 'cause that's much more of an impact than paint and an awning, or paint and a sign, so quite honestly, it took me four years for me to allocate monies to the façade program, especially when I saw how much was allocated

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previously and what we got for it. And I always believed that, you know, the City has a finite amount of dollars, and we need to stretch it as much as we can. With that said -- and to be honest with you, in those four years, that's why -- and you'll see later on, I thought, “You know what? Better put some of that money to a playground or other uses, as opposed to the façade,” and I already expressed how much money my predecessor or previously was allocated. By the way, with that amount of money, they weren't able to use it all, so, then, some of that will go into program income. And you know the issues we had with the timeliness test and so forth and so on. With that said, though, within time, and I think done properly, the façade can help, and like I said, in the last Commission meeting, I allocated some funds for it, and we're trying it again to make sure that it works. And I'll be honest with you. With that said, you know, I will back whatever the district Commissioner wants.

Commissioner Sarnoff: Commissioner --

Commissioner Carollo: If that's what the district Commissioner wants --

Commissioner Sarnoff: -- one thing?

Commissioner Carollo: -- and he wants to try, that's what I will support.

Chair Gort: Thank you. Commissioner Sarnoff.

Commissioner Sarnoff: And I will equally do what Commissioner Carollo's suggested. I would suggest two things to you. If you're going to do a program, try to mass it on a block basis, 'cause Commissioner Gort's right about that. I was never able to mass it the way I wanted to from -- just wasn't able to do it. I won't even get into the particulars. Two, Commissioner Carollo's dead right. If you can take a shutter off a window and put impact glass, that's a huge delta. That's a big change that is a worthwhile change. You have to have a community that will accept that, number one, 'cause there is some cultural things, I think, attached to shutters. Some people think it's an absolute necessity. I will tell you that that's a part of the cops, having a lot of visibility of cops; people become more comfortable if they don't need that. But I think you heard from two Commissioners that one who questioned it; one who's had success with it; mass it, use it for impact glass, try to take the shutters off. The -- how the street meets the façade or how the street meets the window itself is a pedestrian experience that we have to promote in Miami.

Mr. Mensah: Commissioner, I want to give you a very good example in your district.

Vice Chair Hardemon: Well, let me say before you go.

Chair Gort: Wait a minute.

Mr. Mensah: Second Avenue.

Chair Gort: George, let him --

Vice Chair Hardemon: I want to say that I grew up in District 5. I walked the streets from 48th Street to 71st Street to attend Miami Northwestern Senior High School. And when I walked that street, a lot of the businesses on 7th Avenue were nonexistent or they were struggling. The only major businesses that were there that people can think of would be, say for instance, Burger King on 54th Street and 7th Avenue. Of course, a fast-food restaurant inside of a inner city thrives, but maybe fresh foods don't, and there are a number of reasons for that. However, when I consider some of the façade improvements that have happened just on that avenue, when I consider Shantel's Lounge, when I consider the building that's just north of the Burger King where I actually had my campaign office --

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Mr. Mensah: Yes.

Vice Chair Hardemon: So part of the reason that I chose that building was because they had the façade improvements. We have -- on the west side of the street, there's a daycare that have façade improvements.

Mr. Mensah: Yes, yes.

Vice Chair Hardemon: On the west side of the street further up on 62nd Avenue -- 62nd Street, I'm sorry, there is the Martin Luther King Economic Development Corporation. I believe the Mayor just gave them money for --

Mr. Mensah: Yes, yes.

Vice Chair Hardemon: -- façade improvements.

Mr. Mensah: Yes.

Vice Chair Hardemon: On the east side of that 7th Avenue street, we have the Nanking Chinese food restaurant that has --

Mr. Mensah: Yes, yes.

Vice Chair Hardemon: -- façade improvements. All these places, a lot of them were there when I was a child, but then they were renewed when they had these façade improvements. And I -- and as we speak, I think back to a press conference that was had maybe in 2004-ish, around that time, where when façade improvements in that particular area were being put into place by Commissioner Michelle Spence-Jones, she was antagonized --

Mr. Mensah: Yes.

Vice Chair Hardemon: -- about it. And one of the things, there was a renown reporter, who I've been on the show before, he made a comment that said that what people who were born and raised in that community need to do is have enough sense to move out, and I took it personally, because I was one of those people that moved back to the community to make a changes to it. And to me, façade improvements encourage people to stop instead of just drive through those communities. When you jump east and go to Northwest 3rd Avenue in Overtown, there's façade improvements. The Wing Stop -- the wing place there, House of Wings, was received -- was a beneficiary of that. There is a dry cleaner there that is a beneficiary of that. Ms. Martha, she had a storefront that is a beneficiary of that. Some of the façade improvements, I believe, at Jackson Soul Food, and also across the street where they -- what we call the “shoe shine man,” barber shop. I mean, these are all businesses, many of them that were there in the community for a very long time and were beneficiary for façade improvements. I also think about in Little Haiti, where we have façade improvements. That really changed the experience when you drove through there. It wanted to give you the cultural experience that you expect when you drive through a --

Mr. Mensah: That was done by Rafael Hernandez.

Vice Chair Hardemon: -- (UNINTELLIGIBLE), and that was done by -- So thank you very much for that, Mr. Hernandez. Although, in business you have ups and you have downs; you have losses and you have gains. But in the end, I judge a man's work by the heart that he puts into it and the product at which, for the most part, he produces, because sometimes you don't give exactly what you believe you should have or the result is not what you think it should have been, so -- particularly, within my district, District 5, we need to give people a reason to stop and smell

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the roses, because there are roses that grew from concrete in District 5, and I'm an example of that. So because of that, and my confidence in you, Mr. Mensah, I will support this item. And so, therefore, I move that we pass PH.6.

Commissioner Carollo: Second.

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

The Commission (Collectively): Aye.

Mr. Mensah: Thank you.

PH.7 RESOLUTION 13-01435 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE DE-OBLIGATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FROM THE AGENCIES Development OR ACTIVITIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $396,637.51; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01435 Summary Form.pdf 13-01435 Notice to the Public.pdf 13-01435 Back-Up from Law Dept.pdf 13-01435 Legislation (Version 2).pdf 13-01435 Exhibit A (Version 2).pdf

R-14-0061

Chair Gort: PH.7.

George Mensah (Director, Community and Economic Development): Commissioner, PH.7 is authorizing the de-obligation of CDBG (Community Development Block Grant) funds in the specified Exhibit “A.”

Chair Gort: Okay. Any -- it's a public hearing. Is anyone in the public would like to address this issue? Is anyone in the public? Showing none, seeing none, public hearing's closed. Do I have a motion?

Vice Chair Hardemon: So moved.

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

Commissioner Carollo: Second.

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

The Commission (Collectively): Aye.

Mr. Mensah: Mr. Chair, can I have a point of privilege?

Chair Gort: Yes.

Mr. Mensah: As you know, in the last year we've had -- in Community Development Department, we have a tremendous challenge of spending our CDBG (Community Development Block Grant) funds. I wasn't here at the last meeting, but I just wanted to let you know that we were able to meet our timeliness, and I think that I'll be remiss if I didn't thank my staff for all the work that they do. I didn't publicly thank them. I thanked them, I think, in the City -- actually, we had -- we bought lunch for the staff at that time to thank them for the work that they did. But I want to, in the public, also thank them for all the work that they did to ensure that we meet timeliness. People were in the office 6:30 a.m. in the morning, and they wouldn't leave until late at night to ensure that all these things were done, so I would just wanted to thank all of them. And I have some of them come in here, so I want them to stand up so we can thank you all.

Applause.

Mr. Mensah: Thank you, Commissioners.

Chair Gort: Thank you.

11:00 A.M.

PH.8 RESOLUTION 13-01425 Wynwood Business A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY COMMISSION"), Improvement District WITH ATTACHMENT(S), FOLLOWING AN ADVERTISED PUBLIC HEARING, (BID) Board PURSUANT TO SECTIONS 197.3632, 197.3635, AND 200.069, FLORIDA STATUTES, EXPRESSING ITS INTENT AND ELECTING TO USE THE UNIFORM METHOD OF NOTICING AND COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"); PROVIDING FOR THE NEED FOR THE LEVY OF SAID ASSESSMENTS; PROVIDING FOR A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE BID THAT ARE SUBJECT TO THE ASSESSMENTS; PROVIDING FOR A COPY OF THIS RESOLUTION TO BE SENT TO THE PROPERTY APPRAISER FOR MIAMI-DADE COUNTY, THE TAX COLLECTOR FOR MIAMI-DADE COUNTY, AND THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS TO IMPLEMENT THE CITY COMMISSION'S INTENT, EACH IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 13-01425 Memos - Wynwood BID.pdf 13-01425 Notice to the Public.pdf 13-01425 Back-Up from Law Dept..pdf 13-01425 Back-Up - Draft Agreement.pdf 13-01425 Legislation.pdf 13-01425 Composite Exhibit A.pdf

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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-14-0062

Chair Gort: PH.8. We're running seven minutes late, but time certain 11 o'clock. PH.8.

Albert Garcia: Good morning, Commissioners. Albert Garcia, 2050 North Miami Avenue. I'm the vice chairman of the Business Improvement District in Wynwood, and also I'd like to introduce you to our incoming executive director.

Thomas Curitore: Hi. I'm Tom Curitore. I'm the incoming executive director of the Wynwood Business Improvement District, 310 Northwest 26th Street.

Mr. Garcia: Commissioners, I'd like to read the resolution title into the record. "A resolution of the Miami City Commission, with attachments, following an advertised public hearing, pursuant to Sections 197.3632, 197.3635, and 200.069, Florida Statutes, expressing its intent and electing to use the uniform method of noticing and collecting non-ad valorem special assessments for the Wynwood Business Improvement District," otherwise known as the BID; "providing for the need for the levy of said assessments; providing for a legal description of the boundaries of the BID that are subject to the assessments; providing for a copy of this resolution to be sent to the property appraiser for Miami-Dade County, the tax collector for Miami-Dade County, and the Department of Revenue of the State of Florida; and further authorizing the City Manager to negotiate and execute an intergovernmental cooperation agreement and all other necessary documents to implement the City Commission's intent, each in a form acceptable to the City Attorney." Thank you.

Chair Gort: Thank you. This is a public hearings [sic]. You like to address the Commission? Anybody else? Public hearing is opened. Anyone that would like to address PH.8? Being none, close the public hearings [sic]. Board members.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: I'd like to hear from our City Attorney with regards to this item.

Victoria Méndez (City Attorney): Yes. The main issue that we're worried about with regard to this item is the indemnification provision. In this case, the County has requested that the City provide an indemnification agreement in order to cover costs of litigation, if there's any litigation that is ensued from having these items on the trim. I encourage this Board, if you are going to pass this item, to make it subject to the City Attorney's Office agreeing with the conditions that is placed on the indemnification in order for us not to incur any costs of litigation that the County may want to have in defending their cases.

Commissioner Sarnoff: So you're saying --

Chair Gort: Thank you.

Commissioner Sarnoff: -- you're saying the reciprocal?

Ms. Méndez: Yes. But the problem is that even though that there's co-indemnification, let's say, or reciprocal type of indemnification, that won't cover the fact that they may want to -- “they,”

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being the County Attorney's Office, may want to seek costs of attorney's fees. So we would like to make sure that we have language that shows that the County Attorney's Office will not be seeking any type of attorney's fees if they have to defend the case.

Chair Gort: Okay. Commissioner Hardemon -- I mean, Vice Chairman.

Vice Chair Hardemon: So the meeting that you had with --

Ms. Méndez: Did not resolve anything for today for us to let you know that, yes, it's been handled or resolved. They have to talk to their client to see if their client is amenable to that, so they could not get back to us today to ensure that that language would be fine with them.

Vice Chair Hardemon: And have you drafted the language that you need us to announce on the record to be a part of this -- or to modify this -- what is it, a resolution?

Ms. Méndez: Yes, we do have language. If you'll give me one second, I could pull it up. Do you have it there?

Robin Jones Jackson (City Attorney's Office): We do, Commissioners. Robin Jackson, senior assistant City Attorney. When we met yesterday with the Property Appraiser's Office and the County Attorney's Office, the language was discussed. It's been forwarded to them late yesterday, after we all had the opportunity to meet. If you would like me to read it into the record, I'd be glad to do so. It's under review with the County Attorney's Office right now and the property appraiser, who was unable to attend the meeting.

Vice Chair Hardemon: Please.

Chair Gort: Go ahead.

Ms. Jackson: Thank you, sir. This is a mutual indemnification hold harmless agreement, and the new language that was added into the -- basically, at the end of it to address the issue of the defense cost says: “No party to this agreement shall seek or obtain attorney's fees or costs for the defense of claims arising out of, relating to, or resulting from the negligent or intentional acts or omissions of the City, the property appraiser, the tax collector, or their respective officers, employees, agents, or instrumentalities arising out of, or relating to, or resulting from the performance of this interlocal agreement.”

Vice Chair Hardemon: Mr. Chairman.

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

Vice Chair Hardemon: First, I'd like to say that any time you have a -- in District 5, I want to thank the Wynwood Business Improvement District, the people who encompass it, and as we see it, there's a number of you who believe in making this community better, and we appreciate what's happening in Wynwood. I remember watching the news and hearing someone refer in Broward County to "We are the new Wynwood," and that excited me, because there are sudden times where, within District 5, we have someone say, “We want to be what they are in District 5.” So this is a part of what we call the new District 5. This is a part of what I believe what we should be moving forward. And I appreciate the level of responsibility that you have undertaken to make the community better amongst each other. And if there's one thing coming before the Commission and asking for money to make the community better, but there's another thing that's saying “We have some funds that we're going to make available to make this community better and we need your support.” So I am all for moving this item. What I'd like to do at this point is state that the language that was stated into the record be included within this resolution to modify it, to make sure that we are approving an item that we can handle, if I want to put it that

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way. So with that being said, I move to approve PH.8 with said modifications.

Commissioner Carollo: 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.

Chair Gort: Thank you. PH.9.

Vice Chair Hardemon: Thank you.

Mr. Garcia: Thank you, Commissioners, and thank you for those kind words. It's a very mutual feeling. You guys are our partners, and we thank you for that very much. Have a great day.

PH.9 RESOLUTION 14-00117 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "FOUR BROTHERS ESTATE", 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. 14-00117 Summary Form.pdf 14-00117 Notice to the Public.pdf 14-00117 Legislation.pdf 14-00117 Attachment 1.pdf 14-00117 Exhibit A.pdf

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

R-14-0065

Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.9 is a resolution of Miami City Commission to accept the final plat of "Four Brothers Estates." This is located in District 4, and the specific intent of these plats is to close the remnants of Southwest 31st Avenue, which lies within the proposed plat, and to create two tracks of land. Any questions?

Chair Gort: Okay, it's a public hearing. Is anyone would like to address this Commission on PH.9? Seeing none, showing none, public hearing's closed. Motion?

Commissioner Carollo: Mr. Chairman.

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Chair Gort: Yes, sir.

Commissioner Carollo: It seems ministerial enough, but I don't -- you know, usually, you know, I like to yield to district Commissioners, especially, you know -- it looks ministerial enough, but again, I usually yield to district Commissioners on this so --

Commissioner Sarnoff: Does anybody --?

Commissioner Carollo: I don't know.

Commissioner Sarnoff: Can you tell us whether he's in favor of this or --?

Mr. Ihekwaba: I -- Zerry Ihekwaba, Public Works director. I have no knowledge or information from the district office as to the objection to this item.

Victoria Méndez (City Attorney): If I may, for the record, what it is doing, it is creating two lots. It already has two lots, but it's vacating an easement. So it's not much of a difference on what is there now. It is just cleaning up so that that resolves any information needed.

Vice Chair Hardemon: I think the only thing that we could do that I believe will be within order is we could pass this item for right now. I mean -- and we can have -- we can actually -- if we want to move this item today, if the Commissioner of District 4 would like us to move it today, we can call him on the record and ask his opinion on it and we can move forward, if you want to do that. If not, we can continue it to another day.

Mr. Ihekwaba: For information purposes, this item is time sensitive. I believe the applicant is here. The County approval for the plat expires on March 1, unless we want to put the applicant to go back again and repeat the entire process.

Chair Gort: Let's table it for a while.

Ms. Méndez: We could --

Chair Gort: Let's get some information from his office, okay.

Mr. Ihekwaba: Okay.

Chair Gort: We'll table it for a little while.

Mr. Ihekwaba: Okay.

Chair Gort: Thank you.

Mr. Ihekwaba: Thanks.

Later...

Chair Gort: We received information from Commissioner Suarez; it was okay to hear this, item PH.9.

Vice Chair Hardemon: Move to accept it.

Chair Gort: It's a motion to accept. Is there a second?

Commissioner Carollo: Second.

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Chair Gort: Second. It's a public hearing. Is anyone in the public would like to address PH.9? Showing none, seeing none, any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: Thank you.

PH.10 RESOLUTION 14-00108 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Program AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85(9A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("MIAMI") FOR THE DESIGN DISTRICT ROADWAY AND STORMWATER IMPROVEMENTS PROJECT, NO. B-30985, FOR IMPROVEMENTS AND ENHANCEMENTS TO PORTIONS OF CITY-OWNED PUBLIC RIGHTS-OF-WAY ALONG NORTHEAST 38TH AND 39TH STREETS, BETWEEN NORTHEAST 1ST AND 2ND AVENUES, MIAMI, FLORIDA; FURTHER AUTHORIZING BY A FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, THE CITY MANAGER TO EXECUTE A DEVELOPMENT MANAGEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH OAK PLAZA ASSOCIATES (DEL.), LLC, AS DEVELOPMENT MANAGER, FOR THE PROCUREMENT AND CONSTRUCTION OF THE COMPLETION OF THE RIGHT-OF-WAY IMPROVEMENTS BASED UPON THE CRITERIA AND PROCEDURES SET FORTH IN SECTION 18-85(9A) AND OTHER SECTIONS OF THE CITY CODE, AND THE CITY MANAGER'S WRITTEN FINDINGS, ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $1,500,000.00;ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. B-30985, FOR SAID PURPOSE.

14-00108 Summary Form.pdf 14-00108 Notice to the Public.pdf 14-00108 Memo - Bid Waiver.pdf 14-00108 Letter - Ford Engineers, Inc..pdf 14-00108 Pre-Legislation.pdf 14-00108 Legislation (Version 2).pdf 14-00108 Exhibit (Version 2).pdf

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

Note for the Record: Item PH.10 was continued to the March 27, 2014, Planning and Zoning Commission Meeting.

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PH.11 RESOLUTION 14-00136 Miami Parking ITEM TO BE WITHDRAWN BY THE ADMINISTRATION Authority A RESOLUTION OF THE MIAMI CITY COMMISSION, ADOPTING A MORATORIUM ON ALL DESIGN DISTRICT PARKING WAIVERS ISSUED PURSUANT TO CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EFFECTIVE FEBRUARY 13, 2014 AND EXPIRING JUNE 12, 2014, TO ALLOW THE CITY COMMISSION SUFFICIENT TIME TO ADOPT A REVISED ORDINANCE GOVERNING THE ISSUANCE OF PARKING WAIVER PERMITS.

14-00136 Withdrawal Page.pdf 14-00136 Notice to the Public.pdf

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

END OF PUBLIC HEARINGS

ORDINANCE - SECOND READING

SR.1 ORDINANCE Second Reading 14-00074 District 1 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Wifredo (Willy) Gort ENTITLED "OFFENSES-MISCELLANEOUS", MORE PARTICULARLY BY ADDING A NEW SECTION TO PROHIBIT THE SALE, BARTER, PROVIDING DIRECTLY OR INDIRECTLY, GIFTING, MAKE AVAILABLE FOR USE OR POSSESSION, OR FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO PERSONS UNDER THE AGE OF EIGHTEEN (18); PROVIDING FOR PENALTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00074 FR/SR Letter - Nat'l Assoc. of Attorneys Gen..pdf 14-00074 FR/SR CDC Article.pdf 14-00074 Legislation SR (Version 2).pdf 14-00074-Submittal-Law Department.pdf

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Chair Gort: PH.10.

Johnny Martinez (City Manager): PH.10 was continued.

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Chair Gort: Continued, okay. Sorry. Okay, we go to second reading. Madam Attorney.

Victoria Méndez (City Attorney): Yes. For this item, give me one second because I believe we need to pass out some information.

Commissioner Carollo: This is what item? I'm sorry. SR.1 or we're in --?

Mr. Martinez: SR.1 was withdrawn.

Commissioner Sarnoff: No.

Commissioner Carollo: No.

Mr. Martinez: No?

Chair Gort: No, no, no.

Commissioner Carollo: I think PH.11 was withdrawn.

Commissioner Sarnoff: Right.

Ms. Méndez: Okay. PH.10 and PH.11 are --

Commissioner Carollo: Right, both.

Ms. Méndez: -- withdrawn or continued.

Commissioner Carollo: Right.

Ms. Méndez: It is SR.1, which is the sale of nicotine vaporizers.

Commissioner Carollo: Right.

Ms. Méndez: There were some changes on the record that were done and modified between first and second reading. I'm going to hand out some additional changes that would modify that amendment so that we could discuss on the record --

Chair Gort: Okay.

Ms. Méndez: -- having to do with the minors.

Chair Gort: Can you just read it?

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes, sir.

Vice Chair Hardemon: I'd like to say, after -- when I had an opportunity to review the changes as they were put into the record, it gave me -- I realized that we were criminalizing children, and I did not want to criminalize children, so what I did was I drafted these -- what you see underlined and emboldened are changes that would, for the most part, add a knowing possession to the nicotine vaporizer and liquid nicotine, but then it specifically says that the children, if they're in possession of -- or committing a noncriminal violation, and it just gives some civil penalties for that, civil penalties, so that these penalties will not turn criminal. So -- and if you look at under “penalties” where it gives the power -- where it typically would give the power to

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make this a municipal violation, punishable by 60 days, it takes out the violation of 3(i), 3(ii) -- I mean, 3(i), 3(ii), and 3(iii) that would pertain to children. So these changes, to be clear, were created so that children are not criminalized for possession of these items, and only that they -- in the spirit of what we're trying to do -- have to do an anti-tobacco class and some community service possibly with PAL (Police Athletic League), we could do that in the future, but that's what this is for.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: I don't disagree. I actually agree with the intent, but I have questions regarding that. I see first here “knowingly,” so you have to prove knowledge, intent to possess the vaporizer, and it's noncriminal. So who would actually enforce and what, I would imagine, court system would hear this?

Vice Chair Hardemon: So part of -- that's one of the things that we discussed. Did you want to tap on what we --

Ms. Méndez: Yes.

Vice Chair Hardemon: -- that discussion?

Ms. Méndez: What Commissioner Hardemon has done is that this makes this violation with regard to the children, which is the amendment we added last time, noncriminal.

Commissioner Carollo: Right.

Ms. Méndez: So what it would be is very similar to the municipal ordinance violations that are given for boating without certificates and things of that nature; police would administer and give that type of violation, and it would be a civil violation. It would be a civil penalty. It would not be criminal. With regard to the fine and the community service hours, those would have to be paid and proven to the City of Miami with regard to that, because it would not be a court system. If, for some reason, these things were not complied with, then it could turn into a misdemeanor, maybe, but we would not go that route at this point. It is just a noncriminal violation.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: Madam City Attorney, but there has to be some due process, so wouldn't -- at least go before the Code Enforcement Board or --?

Ms. Méndez: In --

Commissioner Carollo: You understand my question?

Ms. Méndez: Yes.

Commissioner Carollo: Because I -- you have to prove knowledge for the possession, and if a suspect says, “I had no knowledge,” you know, I don't want it that, yes, he's found guilty without due process, so --

Ms. Méndez: Right. The only way --

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Commissioner Carollo: And you have to go through that process and so forth. And by the way, I believe in the intent --

Vice Chair Hardemon: No, no.

Commissioner Carollo: -- and I believe in the non-criminalization of this. I just -- again, I want to think it through and I want to vet it, so we make it, you know, something that is strong and we could uphold.

Ms. Méndez: Right. Knowledge would have -- before a police officer would charge a minor with this, they would have to know that this person knowingly knew that they had this item. If they said, you know, “Whoa, I didn't know. I didn't” -- obviously, that would lend itself to not charging the minor for that type of thing; so, obviously, it has to be something that the officer knows that it was in --

Vice Chair Hardemon: I will say this.

Chair Gort: Go ahead.

Vice Chair Hardemon: Part of my envision for this -- I don't think that the City of Miami, as of today, has a structure in which it can -- to take care of this type of issue. However, in the spirit of what we were doing, which is advocating for the State to make the criminal -- I mean, to bring under the umbrella of the anti-tobacco act, basically, these types of ordinances. So in that sense, for instance, it would go to the State Attorney's Office; the State Attorney's Office -- or in court, they would have to at least show there that there was knowledge, and they could administer the -- these community service hours and things of that nature at that point. At least someone would have their due process. You know, this is not the end of the world, you know, so if there is no way in which we can do this now, I mean, it's okay. You know, it's no skin off my back. But if there is a possible way -- and that's why I'm asking for you opinion, Madam Attorney -- that we can pass this as it is and -- the City of Miami police officers are the ones who was -- necessarily enforce 'cause they're the ones that issue the citations -- then we can have it on the books until we find a better way to actually administer it, but if not, then we move forward. So what is your opinion?

Ms. Méndez: If -- what we can do -- I think that during the lunch break -- if you would allow me to table this for after the lunch break, if we could see -- based on the questions, if we could take this maybe to the Code Enforcement Board or to another mechanism to allow for some due process, maybe that would be an option. But if I could vet it a little bit -- because if it just a citation, it is much easier to address than a citation and community service hours, because for citations, we do citations with the Police Department regularly. So if you just allow me a lunch break so we could review it and come back and discuss it.

Vice Chair Hardemon: Mr. Chairman --

Chair Gort: Yes.

Vice Chair Hardemon: -- I mean this is your item so --

Chair Gort: I have a question. My understanding is third subsequence [sic] violation, two weeks or the second. Now, when you commit a third, I think you should have learned by the first and the second. And we all know kids, and on the third time -- when it comes to the third time, they already -- how long have they been using it now for a while. And all the articles that I'm reading against this is very negative; the effect it can have on young kids. So this is something that we have to look it. I mean, they got to learn. Unfortunately, a lot of people, I wish they would learn just by the first mistake, but unfortunately, a lot of people don't. So that's -- I don't know. I got problems with this. Table and come back and let me know what you can do.

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Vice Chair Hardemon: Mr. Chairman, whatever your revisions that you would like to make -- 'cause this is just a suggestion.

Chair Gort: Yeah.

Vice Chair Hardemon: So whatever revisions you want to make to that to make it better fit your life --

Chair Gort: What would have been the process if we didn't have this?

Ms. Méndez: Well, based on the amendment --

Chair Gort: Do we have to do it on force? How do that work?

Ms. Méndez: Right. Based on the amendment that was passed last time on the record, it was making it a misdemeanor; now this revision would not make it a misdemeanor, so there's a few options here. We can leave it as a misdemeanor. We could take out that amendment to begin with, or if we table this till the afternoon, we could try and make the suggestion work, so that are the -- those are the three options. Leave it as a misdemeanor based on the vote; make it noncriminal just based on a citation, which is a derivation of this one, this option; or wait till the afternoon in order to be able to add the community service hours as suggested herein.

Chair Gort: What's the penalty for the person who makes (UNINTELLIGIBLE)?

Ms. Méndez: That's a misdemeanor. This is just talking about the change from last time on the record, which is adding the minors, and that the minors would be guilty of a misdemeanor if they had the possession.

Commissioner Carollo: Right.

Ms. Méndez: So we're just addressing the minors section.

Chair Gort: How does it work with the minor with the pack of cigarettes?

Ms. Méndez: With regard to the minors, I believe it's very similar to these, but since it is a State-mandated violation, then that would just -- that is the courts and the Clerk of the Court and they administer it. We can't do it through the Clerk of the Court, unless we would do some sort of interlocal agreement with them to administer this program. But this is modeled after the possession of minors with nicotine products that -- cigarettes.

Commissioner Carollo: Mr. Chairman.

Chair Gort: I'll let the lawyers look into this. Yes, sir.

Commissioner Carollo: And by the way, I want to start by saying that I commend the Chairman for, you know, bringing this forward, and the first thing that it's addressing is the selling to minors, so I think that's how it began, and I think we all agree, and again, I commend the Chairman for that. Now we're just seeing the addition or the procession of it. And by the way, I kind of like the community service. The only thing is I want to know what should be the process, so there's due process. But with that said, I don't want to lose sight of the original intent, which I believe should be passed today, which is, you know, the selling to minors has to be a criminal violation.

Chair Gort: Okay, we'll table it. Yes, sir.

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Commissioner Sarnoff: Can I ask --? Are we making these vaporizers contraband? In other words, are we making illegal for anyone to possess a vaporizer?

Ms. Méndez: No, no. This amendment that we're just discussing is only with regard to the minors.

Commissioner Sarnoff: I get the --

Ms. Méndez: For the adults, obviously, adults can have these vaporizers. It's only selling to adults, which was the impetus of this legislation by the Chairman. Selling to minors is what is the problem.

Commissioner Sarnoff: So the only thing we're doing is making it -- I hate to use the word illegal -- improper to sell to a minor. Everything else remains for an adult acceptable.

Ms. Méndez: Right, correct. It's just the selling of these vaporizers to minors, very similar to selling cigarettes to minors. This was the second provision that was adopted with modifica -- was forwarded as a modification last time having to do with criminalizing for minors to actually have the possession of it, and this amendment is making it a civil penalty and not a criminal misdemeanor, so that's what we're just trying to figure out.

Commissioner Sarnoff: So it's merely the sale, not -- so if a minor was in possession --

Ms. Méndez: Right now -- based on the amendment that we made last time on the floor, right now it would be a criminal misdemeanor. This suggested language here that I passed out would make it a civil penalty instead.

Commissioner Sarnoff: All right, let me get my question out.

Ms. Méndez: Okay.

Commissioner Sarnoff: You would do better that way. So the mere possession of a minor of this nicotine cigarette -- we are making that the possession, not the sale -- are we making that improper?

Ms. Méndez: And I'm sorry if I have been inarticulate in answering that question twice before, so I will try it again. Last time, when this first came by the Chairman, he proposed just making it criminal to sell to the minors. That's all the legislation had.

Commissioner Sarnoff: Okay.

Ms. Méndez: On the floor, last time on first reading, Vice Chairman Hardemon said, “In addition to that, let's add the possession of this vaporizer by a minor; that should be criminal as well.” That was voted on on first reading. It's coming now on second reading and --

Commissioner Sarnoff: Are we making it illegal for a minor to hold his mother's purse, who has a vaporizer in it, so that if a police officer approached him and he said, "Well, I'm holding this purse, and I know it has my mom's vaporizer in it." Would that be improper under this ordinance?

Ms. Méndez: Based on the revision that is stated right now in the book that you have, yes; if this passes, this minor modification, no. It would be a civil penalty instead.

Commissioner Sarnoff: Okay. You're --

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Chair Gort: He's got a point.

Commissioner Sarnoff: Here's -- you're missing my point.

Ms. Méndez: No, no, I understand. Yes. I answered yes. The “yes,” it would be --

Commissioner Sarnoff: I just want every --

Ms. Méndez: -- criminal; “yes,” civil penalty.

Commissioner Sarnoff: -- I want to make a policy choice here, which is, you know, Commissioner Gort gives one of his dau -- let's -- I'm going to use you, Commissioner Gort; it's your ordinance. His wife decides that she is going to use vaporizers. She hands her purse to her daughter and says -- I'm going to pick one of -- I don't think any of your daughters are under the age, but if they were -- and he says to them, "Hold my purse. Just be aware, I have my vaporizer in here. Please don't use it, honey." Okay. And a police officer comes up to that person, for whatever reason, with their probable cause and they find a vaporizer in there. I just want to make sure everybody understands, first -- and Commissioner Carollo brought up a great point, and I'm going to get -- posthumously, somehow get you to be a lawyer, 'cause that was a great point -- where's the due process? But before we get to due process, what do we want to do with the possession of this? She answered the question it's not contraband, so it's not pot, let's say. It's not illegal to have this. Do we want, in that innocuous way, Commissioner Gort's wife to hand their daughter's pocketbook that possesses -- and I use the word “knowing,” so they knew it was in there -- do we want to make that illegal? And that's a policy choice we get to before we even address -- and I commend you, Commissioner Carollo -- how do we deal with the due process of knowingly possessing that?

Commissioner Carollo: And if I can, Mr. Chairman?

Chair Gort: Yes, sir.

Commissioner Carollo: I think the intent from Commissioner Hardemon -- And by the way, I welcome this discussion and this debate. I think it's healthy, because we truly vet whatever ordinance we actually pass or we don't pass. I think the intent is if we think it's criminal that someone sells to a minor under the age of 18, then I guess, in essence, we believe that that minor should not possess these vaporizers or they should not use these vaporizers. So I think we want to go to the next step of -- hey, listen, if somehow they beat the system and they were able to obtain one or someone sold it to them and didn't get caught, the possession of it still isn't right. And I think how do we handle that? And I think that's what the intent is. How we go about it, I think that's why we're having this discussion, to see what's the best way that we do it. And obviously, you brought up a great point with, listen, if you're holding your mother's bag and you know the vaporizer's in there, now, does that really mean that you are possessing it or that you are possessing it with the intent of what we want to prevent?

Commissioner Sarnoff: And I'm with you guys on the sale.

Commissioner Carollo: Yeah.

Commissioner Sarnoff: I mean, Commissioner Gort, I'm going to -- if there's a way of support, I support it should not be a sale. The question in my mind -- and I still have two questions, and Commissioner Carollo brought it up to me -- brings it up, which is we don't have a municipal court here. We don't have a first city court, like New Orleans does, where we vet these kind of issues. It has to then -- if it's going to be a misdemeanor, it then goes to the State Attorney, and of course, it's up to her discretion whether she's going to prosecute, and it goes over to that court system, but that's not the issue. The issue becomes at a threshold level, are we -- and I can come

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up with another example. Commissioner Gort wife -- and I'm -- hate to pick on her -- has in the car her vaporizer, and the kids say “Can I borrow the car?” And one scenario is, she says, “Just beware; my vaporizer's in there,” okay. The other scenario is she doesn't tell him, knowingly covers that because they could say I didn't know it was in there. And I know you're a police officer and you know all those, “I didn't know it was in there.” So if we want to move forward today, we have to make some pretty good policy calls here with regard to the mere possession of the vaporizer.

Commissioner Carollo: And that's where -- and I'm sorry, Mr. Chairman, but I just want to jump in, because that's where I was stating, “Listen, let's not lose sight of the original ordinance by the Chairman, which is the selling to minors,” and I think there we have agreement unanimously. So at the very least, I believe we need to pass this. I'm not saying we need to pass it now, because, listen, we could table this till later. We could still debate it more. I welcome it. You know I always welcome discussion. But at the very least, I don't want to lose sight and at least, today in this meeting, pass a selling to minors.

Vice Chair Hardemon: May I, Mr. Chairman?

Chair Gort: Yes, sir.

Vice Chair Hardemon: Thank you. And when I modeled the -- this proposed amendment that I have in my hand right now to make it noncriminal, I modeled it after the State statute, which, in some ways, is, I guess more stern than what I have here; although, I'm more of a fan of community service hours and things of that nature. However, the reason that I wrote this is because when I saw the modifications that were added to this second reading, the amendment -- the resolution as we have right now, it made it criminal. And my intent, by no means, is to hold up this legislation. So with that being said, I believe that the modification that I would have made to the original bill -- I'm sorry -- the original resolution was to -- was Point 3, which is “It shall be unlawful for a person under the age of 18 to possess or use nicotine vaporizer or liquid nicotine”; is that correct?

Ms. Méndez: Correct. So if we --

Vice Chair Hardemon: So that would --

Ms. Méndez: -- take that out, it is the original --

Vice Chair Hardemon: Right.

Ms. Méndez: -- legislation without the modification --

Vice Chair Hardemon: Right. So --

Ms. Méndez: -- that was based on first reading.

Vice Chair Hardemon: -- what I'm asking -- I move that we strike Number 3, to remove that language from the resolution. That's my motion. Is there a second?

Commissioner Carollo: Second.

Chair Gort: Second.

Commissioner Carollo: Discussion.

Vice Chair Hardemon: And so what I'm doing by that is removing anything that refers to the

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children as far as it --

Ms. Méndez: Right, and I have to amend the title, as well.

Vice Chair Hardemon: And the title. I'm just -- so I'm taking out part 3, which will remove the criminality from the children -- from the original bill, and then we have this -- if we create some type of -- after some review with --

Chair Gort: You can always amend it.

Vice Chair Hardemon: Yeah, we can always amend it --

Ms. Méndez: Right --

Vice Chair Hardemon: -- later on.

Ms. Méndez: -- which was my suggestion. What we could do is speak with the Clerk's Office and see if we want to have the modification as proposed today by Vice Chairman Hardemon. We could speak with the Clerk's Office in the future and bring back an amendment.

Vice Chair Hardemon: Because I know that there are instances -- for instance, the police -- the Black Police Museum, they're going to be using that as a courtroom and things of that nature. I'm not sure who will be there, what type of judges, but we may have an opportunity to address this. Because what I want is not only to stop people from selling it to children, but I don't want to create that habit --

Commissioner Carollo: I know you're (UNINTELLIGIBLE).

Vice Chair Hardemon: -- of them using liquid nicotine in the future, because all it's going to do is have them addicted to cigarettes, and that's why the cigarette industry is backing liquid nicotine, in my humble opinion. So in the spirit of getting this done now, I ask that we -- you pass -- we all agree to this and pass this resolution with the modifications as noted.

Commissioner Carollo: How -- I'm sorry. Mr. Chairman.

Chair Gort: My understanding is, vote on the original resolution [sic].

Ms. Méndez: On the original ordinance that was brought by the Chairman. I think we added some definitions, though, just to clarify what was part of that original ordinance. So we're taking out the making it unlawful for minors to possess these things so that it is the original intent of the original ordinance proposed by the Chairman.

Chair Gort: Thank you.

Commissioner Carollo: And Mr. Chairman.

Chair Gort: Yes, Commissioner.

Commissioner Carollo: Listen, this is second reading, so I want to make sure that, you know, it's correct. So what I suggest is that maybe we vote on it, which I suspect is going to pass, and that's what I was getting ready --

Vice Chair Hardemon: (UNINTELLIGIBLE) vote where we are right now --

Commissioner Carollo: Right.

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Vice Chair Hardemon: -- which is to strike --

Commissioner Carollo: Understood. I just want to make --

Vice Chair Hardemon: -- (UNINTELLIGIBLE) language.

Commissioner Carollo: No, I understand.

Vice Chair Hardemon: Okay.

Commissioner Carollo: But I just want to make sure that, you know -- because it's not just in the body; it's also in the --

Ms. Méndez: In the title. I already --

Commissioner Carollo: -- title.

Ms. Méndez: I already --

Commissioner Carollo: So I want to make sure that the City Attorney has enough time to make sure, for the record, that all that language is taken out --

Ms. Méndez: Yes, I just did.

Commissioner Carollo: -- and we can vote with our intent. If you're okay with it, then --

Ms. Méndez: I'm fine with because I --

Commissioner Carollo: Okay.

Ms. Méndez: -- worked on this ordinance so.

Chair Gort: Okay, we're working on a motion that has had some amendments taken out.

Ms. Méndez: Yes.

Chair Gort: So we go into the original. Will you read the original? Well, you have to read it anyway. It's a --

Ms. Méndez: Right. Do we have any --? Are we --? Did we open to the public?

Vice Chair Hardemon: We don't have to open to the public on this motion right now that we're making. The motion right now is to strike -- am I correct, Mr. --?

Todd B. Hannon (City Clerk): You don't need to make an individual motion to amend the legislation.

Vice Chair Hardemon: Okay.

Mr. Hannon: This is actually moving the item with modifications, and then the Chair can open it up to a public hearing.

Ms. Méndez: Correct.

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Chair Gort: Public hearing is opened now. Is anyone like to address the public on this issue?

Commissioner Carollo: Remember, Mr. Vice Chair, this is a modified Mason --

Vice Chair Hardemon: Yeah.

Commissioner Carollo: -- not --

Vice Chair Hardemon: I keep --

Commissioner Carollo: -- modified.

Vice Chair Hardemon: -- forgetting.

Commissioner Carollo: I know where you're going with that. This is a modified Mason.

Nancy Maidique: Good morning. It's a pleasure to be here, and I thank you for your time. My name is Nancy Maidique, and I am the chair of the Tobacco-Free Workgroup, which is part of the Consortium For a Healthier Miami-Dade. We'd like to thank the Health Department for being here today, along with the SWAT (Students Working Against Tobacco), for supporting this issue. The Consortium's goal is to create a healthier community, and your decision to ban the sale of e-cigarettes (electronic) to minors is an important step in that direction. We'd like to thank you collectively for acknowledging the dangers involved in the use of tobacco/nicotine products and for taking action to protect our children and our community. Commissioner Gort, we applaud you for your leadership in addressing the most preventable cause of disease and promoting a healthier community. Commissioner Sarnoff, with respect to what you were addressing, I believe that one of the things that you failed to acknowledge is parental responsibility. I think if Commissioner Gort's wife were to hand her purse over to her daughter and say, “My vaporizer's in there; don't smoke it,” I think she'd be a little bit more responsible and possibly say, “Let me take my vaporizer with me, because I know it's illegal for my child to possess it.” So I think we need to factor that in, although it was an interesting example, but I think we're ignoring the parental control.

Commissioner Sarnoff: Unfortunately, the United States Constitution won't support you on that.

Ms. Maidique: Well, it's just, you know --

Chair Gort: Okay, excuse me.

Ms. Maidique: -- how I feel that it would go.

Chair Gort: You need to finish.

Ms. Maidique: Yes. But that's just on that particular point. There are three ways to be exposed to carcinogens from nicotine/tobacco products. There is first-, second-, and third-hand exposure. Most people are well aware that if a person smokes, which is first exposure, they're likely to die prematurely from cancer or some other tobacco-related disease. Some people are also aware that if a person breathes in somebody else's smoke, which would be second-hand smoke, they can also die prematurely from cancer or some other tobacco-related disease. But what most people don't know is that there is something called third-hand exposure that is also cancer-causing.

Chair Gort: In conclusion, please.

Ms. Maidique: Well, I'd like to give an example to those of third-hand smokes, because a lot of people don't know what that is. When you walk into a hotel room and you smell like somebody

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has smoked there, but you look around and there's no one smoking, that's third-hand exposure. So when you put your head on the pillow, all the particles stick to curtains, rugs, pillows, and you're breathing in those toxic chemicals. You don't have to be smoking to be exposed to it. If you're in a building --

Chair Gort: Excuse me.

Ms. Maidique: -- and someone is smoking --

Chair Gort: Ma'am.

Ms. Maidique: Yes.

Chair Gort: Thank you. In conclusion. You really need --

Ms. Maidique: Okay.

Chair Gort: Two minutes up.

Ms. Maidique: Well -- oh, I see, okay. Well, what I'd like to say is that we'd like to build a tobacco-free generation, and we thank you for the steps that you're taking, because this is the beginning of creating a tobacco-free generation.

Chair Gort: Thank you.

Ms. Maidique: Thank you.

Chair Gort: Next.

Deja Monroe: Good morning, Commissioners. My name is Deja Monroe, and I'm representing Miami-Dade Students Working Against Tobacco Chapter. I would like to inform you about the SWAT concerns of the e-cigarettes and its effect on the youth. The number of middle school and high school students in the U.S. (United States) who have tried e-cigarettes has doubled in 2012 compared to just one year earlier. In Florida, 4.3 percent of middle school students and 12.1 percent of high school students have tried e-cigarettes in 2013. That's more than one in ten students. The number of Florida high school students who have tried e-cigarettes has doubled from 6 percent in 2011 to 12.1 percent in 2013. I would also like to add how e-cigarettes may be a gateway to nicotine addiction and the use of other tobacco products. Among teens, e-cigarette users, three out of four of those use conventional cigarettes as well, and that suggests that the possibility of a lot of kids and teens may start with e-cigarettes and progress to conventional cigarettes, leading to a lifetime of addiction to nicotine. According to the Department of Health and Human Services, inhaling nicotine is the most efficient way to feel its effect and results in higher abuse potential than do other tobacco- or nicotine-containing products. Adolescents' bodies are more sensitive to nicotine, and adolescents are more easily than adults. When thinking of -- and e-cigarettes -- I'm sorry -- e-cigarettes are available in fruit and candy flavors, which are very enticing to young people. When thinking of individuals buying candies, the first group I think of is our youth and my peers. Tobacco companies use that against us with products like these. If you would allow me, I would like to show them to you so you guys can pass them around.

Chair Gort: You give it to the Clerk. Thank you.

Ms. Monroe: Thank you.

Chair Gort: Next.

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William Thomas Gilmore: Hi. My name is William Tom Gilmore. I'm in the ninth grade. I go to Coral Reef Senior High. And I want to talk about the issue with electric [sic] cigarettes. There's been an alarming increase in e-cigarette use, and its availability has the potential to normalize smoking. For example, e-cigarettes have the potential to promote and renormalize the use of cigarettes, electronic or not. The vapor from an e-cigarette looks like smoke from a conventional cigarette. We have seen a notable increase in the marketing of e-cigarettes, including TV (Television) commercials. There has also been a surge in their marketing in recent years, and e-cigarette companies are using the same tactics, long use, to market regular cigarettes to young people. The same big tobacco companies found guilty of marketing to youth have either acquired an e-cigarette brand or are in the process of launching their own. These companies should not be trusted. Besides seeing these devices in public schools, we also see other favorable tobacco products like these everywhere, even in my neighborhood, even in Ohio. Like my uncle, he used to smoke continuously; he's in a very, very bad state. And I think it's really important to take on this issue.

Chair Gort: Thank you, sir. Thank you.

Applause.

Chair Gort: Thank you for being here. Yes, sir.

Mariano Cruz: Mariano Cruz, 1227 26 Street. I'm not going to preach to the converter here about the danger of smoking. I know empirically by experience because I saw my brother die, slowly death, three months at the VA (Veterans Administration), and he survive Vietnam, he survive the Cuban Revolution, but he couldn't survive cigarettes. He couldn't survive. He was in surgery in January 28; he died April 7, and he was dying little by little, little by little, little by little. I was there every day in surgical intensive care seeing him. And you don't remember, the anticipation of death is worse than death itself. He was anticipating his death there, because I was the next of kin. He was also -- he told me do anything you want to do. Talk up to me, everything. He couldn't talk; nothing. Looking at the ceiling, you know. That's a very, very bad way to die, and he got good genes. My grandmother, 104 years old; uncle, 100 years old; father, 90 years old; my mother, 97. He wasn't -- 72 years old and he died. That was his choice. Like somebody was telling me, let them have the civil liberty to die, whatever. And like Supreme Court Oliver Wendell-Holmes said, “Man do not die; they kill themself,” and that's the way it is. You know, I should let him go. He moralized [sic] me one day. He said, “You too fat.” He said -- well, he's at the cemetery waiting there; no cholesterol, no triglycer [sic], but he smoke too much, so you know -- and, you know, not only smoking prepares you for other vices, because I seen there. I visit halfway houses, and you know, a lot of the people that smoke, then they graduate to another thing, not nicotine; something.

Chair Gort: Thank you, sir.

Mr. Cruz: Okay, thank you. Bye.

Chair Gort: Anyone else? Being none, we close the public hearings [sic]. It's an ordinance.

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

Ms. Méndez: Notice, all amendments as discussed today regarding minors, those have been removed. Thank you.

Chair Gort: Thank you.

Mr. Hannon: Roll call on item SR.1.

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

Mr. Hannon: The ordinance passes on second reading, as amended, 4-0.

Chair Gort: Thank you.

END OF ORDINANCE - SECOND READING

ORDINANCES - FIRST READING

FR.1 ORDINANCE First 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

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

Victoria Méndez (City Attorney): I'll read the ordinance after the discussion and presentation.

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

Pablo Velez (Procurement Supervisor): No, I was -- I'm sorry. Pablo Velez, the Procurement Department. I was here for the first reading of FR.1.

Chair Gort: It's a change in Cone of Silence. It's an ordinance.

Ms. Méndez: This is an ordinance that's going to require that the exemptions follow State statute. Basically, the item is adding that the meetings that are exempted by and held fully in accordance with the provisions of Section 286.0113 Florida Statutes are kept non-public in order to preserve the sanctity of the process, basically.

Chair Gort: Okay, in English, what does it do?

Mr. Velez: Basically, the Florida State Statute allows for exemptions from the Cone for oral presentations, for negotiations, and those are exemptions that currently are not reflected in our Cone of Silence.

Chair Gort: Okay. At this time, we don't have a quorum so -- we need one Commissioner. We

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didn't break yet.

Commissioner Carollo: Lunch recess?

Chair Gort: Okay. It's a public hearing. Is anyone in the public would like to address this? Anyone in the public? Being none, close the public hearings [sic]. Commissioners, discussion, motion?

Vice Chair Hardemon: So moved.

Commissioner Sarnoff: Second.

Chair Gort: Been a motion by Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Being none, it's an ordinance.

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

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

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

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

Chair Gort: Thank you. First --

Mr. Velez: Thank you.

FR.2 ORDINANCE First 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

Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Victoria Méndez (City Attorney): Second item, FR.2, has to do with amending 2-33 of the Code of the City of Miami to comply with State statutes, allowing persons of the public to be able to speak on propositions before the City Commission; just bringing it in line with the Florida statutes.

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

Mariano Cruz: Yeah, public hearing. Yeah. Mariano Cruz, 1227. You know, I am -- I want to say here, clarify when members of the public may speak on proposition before. Is that to limit the way --? You know, there is a State law that was just passed; you cannot limit the people in a

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way -- certain way, but what would be “in conclusion” -- remember, you give the two, three minutes, it got to be by the whole Commission, not just by the Chairman. Now remember that, because I know procedures. I no lawyer, but I read papers, and I have a magnifying glass with a light to check the fine print.

Commissioner Sarnoff: Mr. Cruz, do you not notice I've been demoted? All because I didn't let you speak.

Mr. Cruz: But you still the Commission. You still one-fifth vote. Remember, when I see those -- I remember, I am member of ACLU (Americans Civil Liberties Union) and member of the NRA (National Rifle Association) and cover in both First and Second Amendment, okay, just to make sure I am covered. But I want to make sure -- even if I am not a City taxpayer, I still a City resident. The public may speak on proposition before the City Commission. You don't want me here, that's fine. Don't worry. I got the money and the time to be here. Thank you.

Chair Gort: Thank you, sir. Anyone else? Anyone else? Showing none, close the public hearing. Comments. Resolution. Motions. Do I have a motion?

Vice Chair Hardemon: So moved.

Chair Gort: It's moved by Vice Chairman Hardemon.

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo. It's an ordinance.

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

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

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

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

END OF ORDINANCES - FIRST READING

RESOLUTIONS

RE.1 RESOLUTION 14-00129 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING MAYOR TOMAS P. REGALADO'S APPOINTMENT OF DANIEL ALFONSO AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE MARCH 4, 2014. 14-00129 Legislation.pdf

Motion by Commissioner Sarnoff, 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-14-0054

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

Mayor Tomás Regalado: Thank you very much, Mr. Chairman, Mr. Vice Chairman,

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Commissioners. Well, first of all, congratulations, Commissioner Suarez.

Commissioner Suarez: Thank you.

Mayor Regalado: New dad.

Commissioner Suarez: Thank you.

Mayor Regalado: It's going to be hard, but --

Commissioner Suarez: It already is.

Mayor Regalado: -- it's going to be wonderful and --

Chair Gort: You're not going to get much sleep for the next two months.

Commissioner Suarez: Couldn't even put on a tie this morning.

Mayor Regalado: I don't know if you'll be breaking the sunshine law if Commissioner Carollo tells you how he does it with Briana. But anyway, thank you, Commissioners. Today is an important day for the present and the future of the City of Miami. First of all, it's officially the last Commission meeting for City Manager Johnny Martinez. It's been --

Applause.

Mayor Regalado: I mean, he's happy. He's applauding, but it's three -- it's been three years, but it feels like 30, right? But --

Johnny Martinez (City Manager): Thirty long years.

Mayor Regalado: Yeah. But, Johnny, thank you very much. And you know, we'll be asking you to join Johnny and friends next week. I think it's Monday night, because his last day, March the 3rd, as City Manager of the City of Miami. He goes on to make money and be happy. But Johnny, we, the City of Miami, owe you “thank you.” Thank you for the great work that you have done. Today, I'm here before you to present for your consideration, and hopefully your approval, the appointment of Daniel Alfonso as the new City Manager of the City of Miami, effective March 4, 2014. It is important for the City, for we need continuity, and Danny is bringing that. It is important because he understands the way that the City works, and we need that. We have many challenges, as you all know -- the contracts, the budget -- and I feel that Danny is up to the job. He has been meeting with you. So with that, if we can have a motion and discussion to formally appoint Daniel Alfonso as the City Manager of the City of Miami. I would tell you that in the next Commission meeting, I will be bringing to you his compensation package, but I can tell you that the Manager nominee has agreed to have exactly the same compensation package that you all approve for Manager Johnny Martinez, and so -- but that will be another conversation. But he has agreed. He doesn't want to change anything in terms of his compensation package will be -- that will be coming officially to you, and in briefings, in the next Commission meeting. Today, we're only dealing with the confirmation of the appointment.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Thank you, Mr. Mayor. Yes.

Commissioner Sarnoff: Could I make a motion with a discussion?

Chair Gort: Sure. A motion by Commissioner Sarnoff. Is there a second?

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Commissioner Carollo: Second.

Commissioner Suarez: Second.

Commissioner Carollo: Discussion.

Chair Gort: Second by Commissioner Carollo for discussion. Commissioner Sarnoff.

Commissioner Sarnoff: Well, Danny, first off, I think you're an excellent choice, and the Mayor has done a good job of vetting you, and I certainly going to commend and support you. I would point out that there are certain subtleties in being a Manager, which I thought Johnny Martinez mastered. I would urge you to understand the subtleties, 'cause in your first run when you were the interim manager -- and I don't think you would have the subtleties, but certain subtleties are there as a manager, as you are -- probably not a political position, but it might be the most political position, 'cause you have to get Commissioners to see your vision and implement their vision as well. The second thing I'd like to say, Mr. Chair, is I think in 2010, we did something that I don't know that we were all that aware of. The Manager did not have a disability policy, and -- or I think we had one and it was removed. I think Johnny Martinez has demonstrated that probably one of the things we should put as part of a compensation package is some type of disability policy. This is a very tough position. It is full contact -- a full contact sport. Danny's a young man. I'm not saying he's not a young man, but I think he should take -- I think one of the things that we should know is that if we put a lot of pressure on Danny or the next Manager or any Manager, that they should have some sort of a disability package, 'cause Johnny went through something that could have been much more tragic than what it was, and luckily, he's recovered from it. But I think it's important for us and it's important -- and when we want to be aggressive with our City Manager, we take no prisoners, and we simply do what it is that we do, but we should have a backstop for them of some sort of a disability policy, because it is a very high pressure-filled job. Thank you, Mr. Chair.

Chair Gort: Thank you. Anyone else? Commissioner Carollo.

Commissioner Carollo: Thank you, Mr. Chairman. Mr. Alfonso, I'm definitely going to be supporting you. I think you have the potential of being a great Manager. At the same time, you know, we have spoken and, you know, I've mentioned my concern with regards to the financial team. You remember when I was up here kicking and screaming that we didn't have a CFO (Chief Financial Officer), and then we didn't have a Finance director, and it's taken quite some time to build what I think is a very good team and still growing, and your departure is definitely going to leave a big void, so I want to make sure that you're actively recruiting or at least looking at potential candidates for CFO position, because I -- even though you'll still be our Manager, I think you learn in the interim that it's very hard to be a CFO and the Manager, so I think that's a big concern that I have, and I want to make sure that we don't lose track on the vision that we've built over the last, you know, couple of years of a strong financial team. So again, I don't know if you want to address it or not. We've spoken about it. I know you're actively looking, but again, that's my biggest concern, and I wish you the best of luck. I look forward to working with you, and I think you really have the potential of being a great Manager, so welcome.

Daniel J. Alfonso (Chief Financial Officer/Assistant City Manager): Thank you.

Chair Gort: Anyone else? Anyone else?

Commissioner Suarez: Yes.

Chair Gort: Commissioner Suarez.

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Commissioner Suarez: Thank you, Mr. Chair. And there are not too many things these days that would cause me to leave my son's side, so this is obviously a very important decision. And, you know, as I've said before, in the case of other managers that were chosen, I believe that this system of government that we operate under is one that vests broad discretion in the Mayor in choosing the person that the Mayor thinks has the capacity and the ability to be the City Manager. If the system did not have that choice vested in the Mayor, then I think the Mayor's position would have even less power and authority than it currently has under the system. Having said that, you know, the way I look at it is that we're not substituting our -- you know, our decision for the Mayor's decision. It's not a situation of “Is this the person I would have chosen or not chosen?” et cetera, et cetera. I think, you know, by all my readings of the Charter and my experience with you and your experience as Manager in the interim, there's no doubt in my mind that you fit, you know, the qualifications and the criteria for a Manager. I think -- as Commissioner Carollo said, I think you have the ability and the skills to excel at the position. I think it's a very difficult position. When Manager Martinez was nominated, I told him that I was going to pray for him and his family, and I extend the same offer to you, and we talked about it briefly when we had a chance to sit and meet. Because, you know, it's -- any time you're thrust in the limelight in a political organization, sometimes you get credit for things that you don't deserve to get credit for and sometimes you get blamed for things that you don't deserve to be blamed for, and I think that's tough, and I think it's tough on your family, because you have to get up early and you have to set the example in this organization of several thousand employees, and I think you did a great job when you were interim Manager of doing those things of the fundamentals. You know, you were loyal to the person who was there, and I found that to be rare in someone. You were hard-working. You were honest. You were fair. And I think -- you know, I think we're clear. I think we've all had an opportunity to meet with you, and I think we're clear about the different goals that, as Commissioners, we want to see this government push forward. The ones that I talked to you about and discussed with you when we were talking about the capital plan, which I thought was a great idea to have, you know, to do some planning and some foreshadowing of where we're going to be in the next two years, three years, four years, five years, and the ones that I highlighted to you were financial integrity, which not only consists of, as Commissioner Carollo has pointed out in the future -- you know, in the past -- not only does it consist of getting to the financial integrity threshold of reserves, but it has a variety of other nuances that I think are important to signal to the world and to the investment community that this is a well-run city. I think we're all here in professional capacities, and I think that's one of the things that distinguishes this Commission as an extremely professional Commission, and we take pride in knowing that the City of Miami has a good reputation and that people can have the impression that the City is well run. Having said that, you know, there are some challenges. I think we've been fighting up here to make sure that the City is properly staffed with police officers. I think there's many Commissioners here that feel very strongly about the fact that we need to have a better percentage of officers per resident ratio, and that has been very frustrating for this Commission for the last year and half to not really be able to make substantive advances on that, despite our best efforts to allocate funds, et cetera. I think -- you know, obviously, there's the looming police compensation issue where we, as a Commission, essentially gave what we were told the officers wanted, and when it was going to a ratification vote, I think it lost 97 percent, so there's some ground that needs to be made up there and some discussions that need to be undertaken to find out what exactly -- where's the disconnect. Obviously, we've talked about the cleanliness of our city, and I think for me, we should strive to be the cleanest city in the United States. We have work to do in that realm. And it's about pride, having pride in our city, and I think there are a lot of other cities -- being a Dade League of Cities member, you see a lot of cities that take pride in the way that they look, and I think that says a lot about the way that our government functions. And I think, you know, there's a variety of other challenges, but definitely, capital improvements for me is a big issue. We are quickly running out of pots of money, whether it be Homeland Security Defense bond money, whether it be street bond money, whether it be CDBG (Community Development Block Grant) money, even though sometimes we have a hard time spending those pots of money, which is also an interesting different challenge.

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But, you know, our capital improvement needs never end, so I would challenge you to find ways to provide those -- for those capital improvement needs, in my opinion, without having to borrow money; but, you know, obviously, I'm open to whatever suggestions that you have, and I'm not here to confine you to any -- you know, lock you down to any specific set of solutions. I urge you to be creative. I urge you to be visionary. I think we owe it not only to our citizens, but to the future citizens of this City, that we entrust our children with a better city than what we received, and that's our challenge, ultimately, and it's one that, as of five days ago, I take even more seriously. So as I said, I agree with Commissioner Carollo, and I suspect with the rest of my colleagues, that I support your nomination. I wish you the very, very best, and you and your family are in my prayers. Thank you.

Mr. Alfonso: Thank you, Commissioner.

Chair Gort: Thank you. Vice Chairman. Let me state, I think that you have come up to the ranks, and you being in the Army -- how long were you in the Army?

Mr. Alfonso: A little over five years, Commissioner.

Chair Gort: And you served at --?

Mr. Alfonso: I served on the First Call for 1990, 24th Infantry Division of Calvary Scout --

Chair Gort: Okay.

Mr. Alfonso: -- as a sergeant.

Chair Gort: And that's, to me, gives a lot of discipline, but you improve yourself. And being the Budget director, you had the opportunity to work with each director, each department, look at the budget, look at the efficiency and the deficiency of every department. You and I have had a lot of discussions, and I think that a lot of things we do -- what I ask of you and I ask of all the professional, all the directors, all the people in the City, be a professional. Give us your opinion, professional opinion. Don't be a politician. Leave the politics to us. So that's all I ask of you. Be a professional. Let us know what you think. Come up with your plan and you try to sell it to us. It's up to us to adopt it or not. And don't take anything personal. I think some of the people, unfortunate, took things personal. You can't. You can't do this. So we get to vote.

Later…

Chair Gort: Would like to make a statement?

Mr. Alfonso: I'm sorry?

Chair Gort: We'll vote first. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: Welcome. Congratulations.

Mr. Alfonso: Thank you.

Applause.

Mayor Regalado: Thank you. Thank you, Mr. Chairman. I don't know, Danny, if you want to say anything. I guess that I should tell you quit while you're ahead, no? And -- But this is a vote of confidence in the future of the City of Miami. And Manager Martinez, it's important that we

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have this continuity and a smooth transition, and Danny and Johnny have been working together. So, come Tuesday, he will be at the City Manager's Office running the City and working in all the challenges that you and I share and, hopefully, he will not take it personal. He will -- Congratulations, Mr. Manager.

Applause.

Mr. Alfonso: Thank you, Commissioners, for the vote of confidence. First, I want to take just a moment -- and thank you, Commissioner, for coming and dragging yourself away from the baby. I have -- well, I had two; my wife had them, but I was participating somehow.

Commissioner Suarez: I understand the feeling.

Mr. Alfonso: Thank you, thank you.

Chair Gort: Well, he fed the baby before coming here.

Mr. Alfonso: Good. First, I just want to give thanks to God because of the blessings that he's bestowed upon me, and then I want to thank my wife of 27-plus years, because she's been there from thick and thin, through a lot, and the long hours that I dedicate to work and she's understood and supported me throughout. There's a lot of people to thank: You know, the Mayor for his confidence in me; the Manager for taking a chance on an unproven Budget director; people that I worked with along the way when I came here to the City. The things that we achieved, I didn't achieve alone; you know, every director participated; folks in the Budget office: Leon Michel, our deputy director; the staff there is just excellent; people in the past that you look up to and use as mentors; Jennifer Laser (phonetic) Moon in the Budget office in Miami-Dade County; Hugo Salazar, and so on and so forth. You know, going back to -- you want to go back to high school, there was a couple teachers that -- you know, Professor Randolph, American Government and Economics; hell of a story. The man was a Vietnam vet and decided to go into teaching afterwards. Just -- again, people along the way that impact your life; Staff Sergeant Jake Branch. Nobody know who's -- he was, and I'm sure he's somewhere in Louisiana retired right now, but when I joined the Army, he pointed me in the right direction, and that stuck along with me throughout my life. I've heard all of your concerns. I put them in the back burner, and I'm going to ask Angel Zayon to give me a copy of today's comments so that every once in a while, I'm going to go back to them to make sure I remember the subtleties and the stubbornness sometimes. And sometimes, I know I take the little things personal; I got to be able to let that go. I'm going to do my best to move this City forward, and I look forward to working with all of you and the City employees to make it so. So thank you very much for your confidence and hope to make the City forward -- move the City forward and make it better, make the City better. Thank you very much.

Applause.

Chair Gort: Thank you.

Commissioner Sarnoff: Mr. Chair.

Victoria Méndez (City Attorney): Mr. Chairman.

Chair Gort: Yes.

Ms. Méndez: For the record, I just want it to be clear for the resolution, March 4 is the effective date --

Chair Gort: Thank you.

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Ms. Méndez: -- so that we could place it in the resolution. Thank you.

Chair Gort: Correct.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Commissioner Sarnoff.

Commissioner Sarnoff: I'm hoping that this Commission supports me, that we at least have a disability policy for the Manager.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: Thank you. I think that's going to be a conversation for the next meeting when the whole package comes before us, but I definitely have a kind ear to it because -- I mean, we experienced what occurred with our previous Manager. So, again, I look forward to the discussion in the next meeting, and, you know, we'll take it from there.

Mayor Regalado: Commissioner, we will bring in the agenda, with plenty of time, the compensation package and, of course, that new addition for you to discuss before and during the City Commission. That would be on the first meeting in March, so today was the confirmation. Thank you very much.

Commissioner Sarnoff: Thank you.

RE.2 RESOLUTION 14-00051 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire-Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS ("MOA'S"), IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE PARTICIPATING AGENCIES OF BROWARD COUNTY, BROWARD COUNTY SHERIFF'S OFFICE, THE CITY OF FORT LAUDERDALE, THE CITY OF HIALEAH, MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY, FOR THE DISTRIBUTION OF EQUIPMENT IN ACCORDANCE WITH THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT'S POLICIES, FOR THE UASI GRANT FISCAL YEAR 2010, IN ACCORDANCE WITH THE UASI GRANT FISCAL YEAR 2010, ACCEPTED PURSUANT TO RESOLUTION NO. 11-0478, ADOPTED NOVEMBER 17, 2011, WHICH SPECIFIED RESPONSIBILITIES, USE MAINTENANCE, INVENTORY, AND DISPOSAL RESPONSIBILITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, EXTENSIONS OR MOA'S, ON ALL UASI GRANT MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 14-00051 Summary Form.pdf 14-00051 Executed FY'10 UASI Subgrant Agmt.pdf 14-00051 Legislation.pdf 14-00051 Exhibit.pdf

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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-14-0066

Chair Gort: RE.1 has already been approved. RE.2, resolution of distribution of equipment. RE.2.

Daniel J. Alfonso (Chief Financial Officer/Assistant City Manager): Yes. Commissioners, RE.2 is to execute a memorandum to add agencies that use the UASI (Urban Areas Security Initiative) grant to our MOAs (Memorandums of Agreement). We're a pass-through organization, in effect, so we're trying to get them onto our MOA.

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

Joseph Zahralban: Chairman, members of the Commission, Joseph Zahralban, deputy chief, Department of Fire-Rescue. Yes, this is a -- RE.2 is a request for adoption of memorandums of agreements under our Urban Area Security Initiative, and this allows us to work with sub-recipients as they receive equipment and dollars for equipment. It allows us to monitor what they -- how they use to ensure that they maintain the equipment at their cost and make that equipment available for deployment, if necessary.

Chair Gort: Thank you. Anyone would like to address this, RE.2? Showing no. Discussion of Commissioners. Motion?

Commissioner Sarnoff: So moved.

Commissioner Carollo: Move it.

Commissioner Sarnoff: Second.

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

The Commission (Collectively): Aye.

RE.3 RESOLUTION 14-00043 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING "MANUEL Facilities ARTIME THEATER", LOCATED AT 900 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, TO "CHOPIN PERFORMING ARTS HALL AT MANUEL ARTIME THEATER"; DIRECTING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY AS STATED HEREIN.

14-00043 Summary Form.pdf 14-00043 Back-Up from Law Dept.pdf 14-00043 Legislation.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote.

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Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon

Note for the Record: Item RE.3 was continued to the March 27, 2014, Planning and Zoning Commission Meeting.

RE.4 RESOLUTION 14-00124 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF EUGENIO VEGA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $90,100.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 050001.301001.524000.0000.00000 . 14-00124 Memo - Office of the City Attorney.pdf 14-00124 Memo - Financial Signoff.pdf 14-00124 Legislation.pdf

R-14-0067

Chair Gort: RE.3.

Deputy Chief Zahralban (Fire): Thank you.

Chair Gort: Thank you, sir.

Commissioner Carollo: RE.3 has been deferred.

Chair Gort: Deferred, okay.

Commissioner Carollo: RE.4.

Chair Gort: RE.4.

Victoria Méndez (City Attorney): RE4 is a settlement brought to you by the City Attorney's Office with regard to settling future medical benefits and past for any and all dates of accident for Eugenio Roberto Vega. It is a settlement for a $90,100. It is a savings to the City, anywhere from 100,000 to 200,000 in future benefits. And we would ask that the Commission accepts this settlement.

Chair Gort: RE.4, Anyone? Okay, the -- Commissioners, any discussion? Motion.

Commissioner Sarnoff: I'll move it.

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Chair Gort: Been moved by Commissioner Sarnoff. Is there a second?

Commissioner Carollo: Second.

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

The Commission (Collectively): Aye.

Chair Gort: RE.5.

Mr. Hannon: That has been tabled till the afternoon, Chair.

Chair Gort: To the afternoon, correct.

RE.5 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.

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 Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Note for the Record: Item RE.5 was deferred to the March 13, 2014, Regular Commission Meeting.

Commissioner Carollo: Mr. Chairman.

Chair Gort: PZ.2 and 3. Yes.

Commissioner Carollo: I'm sorry, Mr. Chairman. I know we tabled RE.5. I've already spoken with someone who's representing Worldcenter, and we discussed about deferring it for -- to the next meeting -- they don't have a problem with it -- in order for me to be comfortable with it. So real quick, can -- do we need to go back to the regular meeting? Can -- does any --?

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Chair Gort: Keep going.

Commissioner Carollo: Does my colleagues have a problem just deferring RE.5? And I think someone will speak to that. I don't think they have a problem with it.

Chair Gort: No.

Commissioner Carollo: Okay, I make a motion to defer RE.5.

Commissioner Sarnoff: Second.

Victoria Méndez (City Attorney): Do we have a date?

Commissioner Carollo: Yes; to the next Commission meeting, which I believe is March the 13th.

Ms. Méndez: Thank you.

Chair Gort: Okay. It's a motion; is there a second?

Commissioner Sarnoff: 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.

Chair Gort: Okay.

Commissioner Carollo: Thank you.

RE.6 RESOLUTION 14-00154 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner Frank RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO Carollo SUPPORT FUNDING OF THE MUSEUM PARK PROJECT DURING THE 2014 LEGISLATIVE SESSION; DIRECTING THE CITY MANAGER TO ADD FUNDING FOR THE MUSEUM PARK PROJECT TO THE LIST OF THE CITY OF MIAMI'S 2014 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 14-00154 Pre-Legislation.pdf 14-00154 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-14-0068

Chair Gort: RE.6.

Commissioner Carollo: Thank you, Mr. Chairman. In RE.6, I'm respectfully requesting that we

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urge the government of Florida Legislature to support funding for Museum Park. I would like to explore what are the possibilities of funding for Museum Park. As you all know -- and I have mentioned -- Bayfront Park Management Trust has allocated $800,000 for the maintenance of Museum Park just for the current year. And again, I think I want to explore what are the possibilities for funding or State funding, and I would like for it to be one of our priorities of the City of Miami.

Chair Gort: Okay.

Commissioner Carollo: So with that said, I move resolution -- or I move RE.6.

Chair Gort: RE.6, it's been moved. Is there a second?

Vice Chair Hardemon: Second.

Chair Gort: Second by Vice Chairman Hardemon. Anybody in the public would like to address this issue? You want to address the park? No, okay. Any further discussion? Being none, all in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Commissioner Carollo: Thank you.

RE.7 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 EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871. 14-00139 Summary Form.pdf 14-00139 Legislation.pdf 14-00139 Exhibit.pdf

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Chair Gort: RE.7.

Amy Klose: Good morning, Chairman, Commissioners. Amy Klose, director of Human Resources. RE.7 is a resolution ratifying the MOU (Memorandum of Understanding) between the City and the Solid Waste union. Would you like me to go into some detail? It's attached to --

Chair Gort: Yes.

Ms. Klose: Okay. Essentially, what's going to happen is, effective February 23, the classifications which are listed in the attachment will be brought up to the first step. Secondly, a week after that, the employees -- the bargaining unit members will be receiving a 2 percent one-time pay supplement. And also included in the MOU is that any promotions that occur after this change, they will only be at a 10 percent increase.

Chair Gort: Okay, thank you. Any of the --? Anyone in the public?

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Joe Simmons, Jr: Joe Simmons, Jr., president of AFSCME (American Federal, State, County, and Municipal Employees), Local 871. We ask that you move this item and approve it. It is some movement in the right direction, and we thank you for all your support.

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

Anthony Hatten: How you doing? Anthony Hatten, union president, Local 1907, Miami general employees. I just like to address the Commission that, as you know, we are at impasse with the City, and let's not forget that the City of Miami general employees are the backbone of the City of Miami. We keep the police cars running and the fire engines rolling. The Miami general employees are not happy. We have been carrying the City for the last five years. Now it's time for the City to give back now. We will appreciate your cooperation in resolving this. I'd appreciate it.

Chair Gort: Thank you.

Mr. Hatten: Thank you.

Chair Gort: Anyone else? Do I have a motion?

Victoria Méndez (City Attorney): Chairman, if I may, just briefly.

Chair Gort: Yes.

Ms. Méndez: On the item, it says approved, subject to ratification by the respective union. I would like for it to be amended “approved as ratified by the respective union.” Thank you.

Chair Gort: Correct. Do I have a motion? Do I have a motion? I'll make the motion for discussion. Do I get a second?

Vice Chair Hardemon: It's been properly moved that we pass this item. Is there a second? Ironically, well -- at this point, we can still have the discussion without having a motion placed on the floor, so if there's any discussion on this item, let's have it now. Mr. Chairman.

Chair Gort: Did you guys asked for a second?

Vice Chair Hardemon: No, no, no. It doesn't -- what I'm saying to you is that we can have discussion without have a motion.

Commissioner Carollo: I'll --

Chair Gort: (UNINTELLIGIBLE) motion.

Commissioner Carollo: -- second it for discussion, but obviously, I think you're noting -- or noticing some reservations from the Commission, so I think there needs to be more dialogue on it or there should be more dialogue, because like I said, I mean, actions -- like I always say, actions speak louder than words, and you're seeing it; there's reservations from the Commission, so I think we should have more dialogue with that. And I'll second it for discussion.

Vice Chair Hardemon: So, obviously, it's been moved by Commissioner Gort -- Chairman Gort, seconded by Commissioner Carollo. Now let's move to discussion.

Chair Gort: Under the discussion, any reasons why you don't feel comfortable with it? I think it should be --

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Commissioner Sarnoff: And I'll start discussion. So --

Vice Chair Hardemon: Commissioner Sarnoff.

Commissioner Sarnoff: -- first and foremost, Mr. Chair, call this what you want; it is a bonus. You can call an apple a pear, but an apple is an apple. Call it a one-time pay incentive. The last time we did this, I did not vote for it. I think 27 times, Commissioners used the expression “bonus.” Mr. Alfonso, you were reasonably good about correcting us, calling it a one-time pay; I think “incentive.” I'm not sure of the language you actually used. But as long as the contract doesn't provide for bonuses -- and our contracts do not -- there's an Attorney General opinion that says you cannot have bonuses, unless the contractual entities have entered into a provision for such. So you have a legal impediment for that, to begin with. Secondly, bonusing employees is probably the least effective way of creating any kind of job satisfaction. There is no criteria set forth in which a person receives the bonus. In other words, you can have a performer and a nonperformer get the same pay increase. So from a strategic way of doing things, I don't think it achieves what you're hoping to do. If you want to sit down with the unions and create pay increases, you know, that's something I might support and I equally might not support, but to bonus them because you have a little bit of money available to do so, I don't think is a good strategy from a management standpoint. I didn't think it was a good management standpoint or strategy last October when we did it; I didn't support it. I'm of a different opinion than the City Attorney, and I think if somebody challenged us, you would see the Attorney General opinion. You would equally see -- there's another opinion, not just the AG's (Attorney General) opinion, but there's an opinion from another state agency that equally says it's not appropriate. And just so you know, I've sent these opinions on to the City Attorney so she has them. She thinks she can argue around them; maybe so. But from a strategy standpoint, I'm not going to support bonuses. And I don't think you can do them until your contracts call for what I think Florida Statute 215.425 says, which is considered to be extra compensations claim prohibition, bonuses, et cetera. So, you know, lawyers are good; they can argue around things, but I'd suggest to us as a strategy in setting forth policy, this is not the way we want to go.

Vice Chair Hardemon: Any other discussion? See, I'm not seeing any discussion from the Commission. At this time, I'm going to exercise my chairmanship and allow the gentleman before me, if you'd like to make a comment as a public hearing.

Joe Simmons: Thank you, Mr. Chairman. Joe Simmons, Jr., president of AFSCME (American Federal, State, County, and Municipal Employees) Local 871. We looked at a number of things. We looked at how our compensation fares up to other City employees. This City had a long history of undercompensating Solid Waste employees historically. When I took office to bring in AFSCME Local 871 in 1999, those were some of the things we looked at. That was nearly 15 years ago. And even now, comparatively speaking, we looked at certain classifications from the general employee side to do comparative work. We have a lot more certain hazardous conditions that they don't have to encounter, and we saw it as some movement in the right direction, because currently, as you stand, we have a few people that right now live in homeless shelters. It's just really tough out there. And if you want someone to do the type of work that we do, you have to compensate them fairly. This has been nearly a ten-month process. We started last summer, and we've done over and over and over again. When it comes to bonuses -- and I heard a comment made about there was a IG [sic] opinion that they were -- they shouldn't be part of it, but that's part of negotiations. You bring forth arguments in what you believe are important and try to bring forth the best deal based on the circumstances. Based on the circumstances, the anniversaries and longevity increases were frozen, and we saw this pay range adjustment as a movement in the right direction. So we ask that it be reconsidered at this time. Thank you.

Vice Chair Hardemon: Is there any other discussion from the Commission? Commissioner Carollo.

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Commissioner Carollo: Thank you, Mr. Chair. I asked for the breakdown of the numbers, and I know Mr. Alfonso provided it yesterday and there was a little back and forth with it. Is it possible for us to table this also till the afternoon? I mean, it's 12:10 already.

Daniel Alfonso (Acting City Manager): Sure.

Commissioner Carollo: Well, I want to ask my colleagues also, if that's okay with you all? I mean, and we can bring it back the first item, you know, but we also have a CRA (Community Redevelopment Agency) meeting and -- SEOPW (Southeast Overtown/Park West) -- so is it possible to table it and see --?

Vice Chair Hardemon: If there's no objection from anyone on the Commission, I'll table this to the afternoon -- well, I'll -- yeah, table it to the afternoon session.

Commissioner Carollo: Thank you.

Vice Chair Hardemon: Seeing none, all right, it's tabled.

Unidentified Speaker: Thank you.

Chair Gort: What time you guys want to come back from lunch; 2 o'clock?

Commissioner Carollo: Depending on CRA. Are we doing CRA now or are we doing CRA --?

Vice Chair Hardemon: If you don't mind, I would like to tackle some of the issues within the CRA now. I don't think this is something that will take a very long time. I try to move expeditiously.

Commissioner Carollo: I don't have a problem with that. I just want to know 'cause there's still some items that I need to look into and research and stuff like that, so I want to make sure that during my lunchtime, I have sufficient time, and that's why I'm asking. I don't -- you know, so in other words, if we finish the CRA at 12:30, 12:45, I want to make sure we have --

Vice Chair Hardemon: I think I can make --

Commissioner Carollo: -- a couple of hours or -- you know what I'm saying, for the lunch break, so I could --

Vice Chair Hardemon: Yes, yes, I think I could make that time. You say we need to be back by what time for Commission meeting?

Chair Gort: I would say about 2 o'clock.

Vice Chair Hardemon: Two o'clock, okay. So --

Commissioner Carollo: Well, that's -- we'll have the CRA. Now, can we --? Here's a couple of --

Chair Gort: We'll expand it, according to the time it takes the CRA, okay?

Commissioner Carollo: Yeah.

Vice Chair Hardemon: All right, thank you.

Commissioner Carollo: Thank you.

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Todd B. Hannon (City Clerk): Excuse me, Chair. So just for the record, the Commission meeting stands in recess.

Chair Gort: Right.

Vice Chair Hardemon: It's in recess, that is correct.

Later...

Chair Gort: RE.7, the union contract, I'd like to have with the full Commission, if possible. You guys want to hear that now?

Commissioner Carollo: It's up to you. If you want to have the full Commission, I don't mind deferring it. The only thing is I -- after we defer it, I will need 10 minutes, more or less, to prep for PZ.21 and 22. What's -- I mean, what's your --?

Chair Gort: I'd like it to be a full Commission.

Commissioner Carollo: What's the will of the --?

Chair Gort: Anything dealing with the labor relation, I think we should have all the Commissioners present.

Vice Chair Hardemon: Are you saying defer it or continue it?

Chair Gort: Yes, defer it to the next Commission meeting, 'cause we should have everybody.

Commissioner Sarnoff: I'll move to defer it, Mr. Chair, next Commission meeting.

Chair Gort: Okay, it's been moved; is there a second?

Commissioner Carollo: Second.

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

The Commission (Collectively): Aye.

Chair Gort: Thank you.

Mr. Hannon: And that'll be to March 13.

Commissioner Carollo: That's correct.

Vice Chair Hardemon: Is it the 15th or the 13th?

Mr. Hannon: March 13 is the first meeting in March.

Vice Chair Hardemon: Okay, thank you, sir.

RE.8 RESOLUTION 14-00138 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS Program APPROPRIATIONS RESOLUTION NO. 14-0046, ADOPTED FEBRUARY 13,

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2014, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 14-00138 Summary Form.pdf 14-00138 Legislation.pdf 14-00138 Exhibit.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-14-0069

Chair Gort: Mr. Clerk, what time?

Todd B. Hannon (City Clerk): Sir, it is 3:04.

Chair Gort: Thank you. Okay, we have quorum. Okay, my understanding, we left at RE.8, RE.8. Mr. Manager, RE.8.

Johnny Martinez (City Manager): Spanioli, wake up, RE.8.

Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.8 is our capital appropriations item. This is a final transfer of Homeland Defense II funds. If you have any questions, I'm happy to answer them.

Chair Gort: Okay. Anyone would like to address the Commission on RE.8? Showing none, seeing none, close the public hearings [sic]. Commissioners.

Commissioner Sarnoff: So moved.

Vice Chair Hardemon: Second.

Chair Gort: 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.

RE.9 RESOLUTION 14-00107 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING FUNDS, IN THE AMOUNT OF $1,000,000.00, Program FROM THE DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY DEVELOPMENT, FOR THE DESIGN DISTRICT ROADWAY AND STORMWATER IMPROVEMENTS PROJECT NO. B-30985; AUTHORIZING THE CITY MANAGER TO EXECUTE A RURAL INFRASTRUCTURE FUND GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00107 Summary Form.pdf 14-00107 Legislation.pdf 14-00107 Exhibit.pdf

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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-14-0063

Chair Gort: RE.9.

Mark Spanioli: Commissioners, again, Mark Spanioli, director of Capital Improvements. RE.9 is a grant agreement from the Department of Economic Opportunity with the State of Florida, for a million dollars, for the design district roadway and storm water improvement project.

Vice Chair Hardemon: A question.

Chair Gort: Yes.

Vice Chair Hardemon: Was there some type of new development that was going on with this item?

Mr. Spanioli: Yes. This is part of the -- Design District folks are there now under Oak Plaza developers. They are doing a number of improvements there, including right-of-way improvements along Northwest 38th and 39th Street and Northeast 1st and 2nd Avenues.

Chair Gort: Now -- I'm sorry, you finished, Commissioner?

Commissioner Sarnoff: I'm sorry. I wasn't paying attention.

Chair Gort: No, no. You finished?

Vice Chair Hardemon: You can go for right now.

Chair Gort: My understanding is, I was told that there was no need to have a bid or an RFP (Request for Proposals) for this; although I've received information that the states [sic] require it.

Mr. Spanioli: This portion is strictly just the grant. This is -- this resolution is just for the grant of the million dollars.

Chair Gort: Right.

Mr. Spanioli: This is not the four-fifths bid waiver item.

Chair Gort: Okay.

Mr. Spanioli: This is strictly just the grant funding.

Chair Gort: All right. This is one million dollar grant from the State.

Commissioner Sarnoff: Right. Isn't this our matching -- isn't this -- this is what we need to match with them on that?

Mr. Spanioli: The City has allocated a -- matching funds, in the amount of $500,000, towards this project. That was allocated in the capital plan.

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Commissioner Sarnoff: So --

Mr. Spanioli: That's our -- our match was supposed to be 50 percent.

Chair Gort: Yeah.

Mr. Spanioli: The State's providing a million; we're providing the $500,000. So the total amount for this project will be 1.5 million.

Commissioner Sarnoff: One point five million.

Mr. Spanioli: That's correct.

Chair Gort: Okay.

Commissioner Sarnoff: I'll move it, Mr. Chair.

Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second?

Vice Chair Hardemon: Second.

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

The Commission (Collectively): Aye.

RE.10 RESOLUTION 14-00137 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED JUNE 20, 2013, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-028, FROM ABC CONSTRUCTION INC., THE NEXT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AS DESCRIBED BELOW, FOR THE HADLEY PARK YOUTH CENTER PROJECT, CAPITAL IMPROVEMENTS PROJECT NOS. B-30588A AND B-30588AS, IN THE AMOUNT OF $6,620,794.61, WHICH INCLUDES $6,018,904.19, FOR THE BID AMOUNT, AN ALLOWANCE OF $104,616.00, FOR PERMIT FEES, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $601,890.42, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $6,620,794.61; ALLOCATING FUNDS IN THE AMOUNT OF $6,620,794.61, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-35883A AND B-35883AS; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 14-00137 Summary Form.pdf 14-00137 Legislation.pdf 14-00137-City Manager Memo-Substitution fro Item RE.10.pdf 14-00137-Exhibit 1-SUB.pdf

Motion by Vice Chair Hardemon, 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

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R-14-0064

Chair Gort: RE.10.

Mark Spanioli: Again, Commissioners, Mark Spanioli, director of Capital Improvements. RE.10 is a contract award for the Hadley Park Youth Center, in an amount not to exceed of $6.6 million, to ABC Construction. There was a substitution that was handed out a few days ago.

Vice Chair Hardemon: And the Commission -- may I?

Chair Gort: Yes.

Vice Chair Hardemon: We want the Commissioners to be aware that this is the item that is approving -- now, we can go with the construction companies to actually build what we've allocated our $6.5 million to, so I'm hoping for your support on this. So I'll move it.

Chair Gort: It's been moved by --

Commissioner Suarez: Second.

Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Suarez. Is there any further discussion? Any further discussion? Being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Mr. Spanioli: Thank you, Commissioners.

Chair Gort: Thank you.

END OF RESOLUTIONS

BUDGET

BU.1 BUDGET DISCUSSION ITEM 14-00061 Department of STATUS (SEC.18-542(B) CITY CODE) Management and I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET Budget 14-00061 Summary Form.pdf

DISCUSSED

Chair Gort: Okay, we go back to regular agenda; budget monthly statement.

Commissioner Suarez: Thank you, guys.

Christopher Rose: Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. With the Chair's permission, because this is the first report that has actual projections in it, I'd like to slow down a little bit and not quite report as fast as I have over the last few months. It's early right now, but we do believe that we're going to end the year with a projected surplus of $14.1 million. That would bring the City's fund balance from about 75 million at the end of this year to about -- at the end of this past year to about 89 million at the end of the current year. The financial integrity principles still do compel us to have a fund balance of around $100 million, so we're not quite there yet, but this 14 million is a step in the right direction, a continued -- another step in the right direction. Revenues are better than last year at this time by

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a few million. We're projecting the end of the year to end revenues about $980,000 more than what's budgeted. The three revenues in particular that are doing better than last year: franchise fees, earning -- interest earnings, and intergovernmental revenues. Development revenues are also better than last year, but there is a nuance to them. A lot of the better revenues right now in development, both Planning & Zoning, Building, and even in the Fire Department, are in the inspection area. Permits are low; inspections are high. So we want to be cautious about how long we think this will continue to be at this level. Property taxes are under budget right now, but they're right about where we would have expected them to be this year. Red-light revenue, Solid Waste revenues, Public Facilities are also projected to be a little under budget, but overall, revenues are going to be slightly over, slightly better than what we had anticipated that they would be, at least that's the projection at the moment; very early; four months into the year. Expenses right now are projected to be under budget by $13.2 million. That's where the real fund balance is coming right now. All departments are within 2 percent of the 33 percent that we would expect a third of the way through the year right now. There are four departments that we're looking at right now that are going to -- we're projecting to be over budget by the end of year: Fire by a larger amount, Parks, Office of Management & Budget, and the Solid Waste Department. All -- we are right now looking at being over budget, but we're watching, and we're working with Chief Kemp, in particular, to see what we can do. All other departments are expected to be under budget. And all this comes to a net of $14.1 million surplus at the end of the year. If it's all right with the Chair, I'll entertain any questions you might have right now.

Chair Gort: Thank you. Any questions? Thank you for the report.

Mr. Rose: Thank you, Commissioners.

Commissioner Sarnoff: Thank you, Mr. Rose.

END OF BUDGET

DISCUSSION ITEMS

DI.1 DISCUSSION ITEM 14-00060 City Commission STATUS OF HIRING POLICE OFFICERS. 14-00060 Cover Page.pdf

DISCUSSED

Chair Gort: Discussion item 1, police report. (UNINTELLIGIBLE) Federal Insurance Contribution Alternative retirement. Come on up. Discussion item 2.

Manuel Orosa: Good afternoon, Commissioners. Chief Manny Orosa, Miami Police Department. The hiring is basically about the same. We're still in the process of doing the background investigations and the polygraphing of the remaining candidates. We did hire three since the last Commission meeting. We have -- from the 362 that we originally brought in for orientation, we have 109 left in the process going through the polygraphing and the background information, and we have two -- I'm sorry, four waiting medical results. We should have them in by next week, and more than likely, we'll hire those four if everything's okay, which usually in medical, everything usually is okay. After that, in April we'll bring in another batch of 360 applicants and we'll start with that batch.

Commissioner Sarnoff: Mr. Chair.

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

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Commissioner Sarnoff: Chief, we made some representations to the community that we don't seem to be quite making, the numbers that we suggested, one of which is the hiring of the civilians to allow the police officers to get out in the street; the second of which appears to be -- and I've done a projection -- if we continue at the rate we're going, you'll hire something in the neighborhood of 30 cops by September?

Chief Orosa: Well, keep in mind that at the beginning of the process, it's labor-intensive doing all these background investigations, and as soon as they're over, you're going to get a bunch of them hired at the same time. Regarding the replacement of civilian with sworn officers, we have sent nine back to patrol, five of them we don't need replacements; and two positions were converted to security guards, and we sent those officers back. And two more are being replaced in a timely manner. We're conducting interviews with HR (Human Resources), and as soon as those interviews will be done, the people will be brought on board and then we will send the people back to patrol.

Commissioner Sarnoff: Are we losing police officers at an attrition rate that you expected or a little faster?

Chief Orosa: No, the attrition rate is similar. We expected that sometime this year, there's, I want to say, like in the 20s or so that will be leaving based on the DROP (Deferred Retirement Option Plans), and usually, there are officers that get in trouble and get fired, but I don't expect that to be a significant amount, such as we had in the previous year.

Commissioner Sarnoff: So we had projected, was it 95 officers?

Chief Orosa: Yes.

Commissioner Sarnoff: By -- was it September or August of this year?

Chief Orosa: I want to say it was by the end of this list was over, which should be around September.

Commissioner Sarnoff: Do you project to hire 95 officers?

Chief Orosa: Out of a thousand, yes. That's the nine percent, 10 percent, so --

Commissioner Sarnoff: And you're comfortable with that statement?

Chief Orosa: Yes, I am.

Commissioner Sarnoff: Okay. Thank you, chief.

Chief Orosa: Okay.

Chair Gort: Any further questions? Thank you, chief.

Chief Orosa: Thank you.

Chair Gort: Sergeant Ortiz, you're recognized. You want to speak.

Javier Ortiz: Thank you, Mr. Chairman. I greatly appreciate for having the opportunity to speak, 'cause I know that I'm not really entitled to that, so I do appreciate that greatly. The reason why I'm here today is my members wanted me to speak on their behalf. They've formed a demonstration outside regarding their pay in benefits. As you know, we have had significant pay cuts for the last four years. And when -- it's very disheartening to the members of our

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organization and to all City employees when this City boasts that they have $75 million in reserves and there's another 14.1 million in surplus. That $14.1 million in surplus is money that was taken away from every City employee here in the City of Miami, and it's time to give back. As much as myself and the chief do not see eye to eye on many things, I must applaud him in his efforts to hire. They have doubled the size of their recruitment and selection unit. They have sent many investigators to polygraph school. But as I sent you some correspondence two weeks ago, out of the 1,300 people that have applied here -- and that number continues to be boasted like it's a great thing -- it's not 1,300 qualified applicants, and so approximately, the first 360 that have been processed, 50 percent of them have already been disqualified for either lack of character or issues with their psychological, and that doesn't include another 50 percent that will fail the polygraph, and that is the average that fails the polygraph. So when you're looking at 1,300 applicants, it's not really a true reflection of having recruits that are going to actually make it through the process. You have to take in account the 13 people that we have relieved of duty right now. You have those that are not passing the process. We just had somebody three weeks ago that was a public service aide. The Miami Police Department paid for her entire ride to become a police officer, and when she started on the street, she said she was afraid of guns. We also are losing recruits to -- they're applying elsewhere, or they're being terminated 'cause they can't finish the process. It takes a lot to be a police officer. It's -- and you know that well from being a police officer. In order to get qualified applicants, you have to have the resources there for them to apply here. And when you look at the staggering 55 specialty pays that Miami-Dade police offers, or you look at Miami Beach that offers about -- it's about a 10 to $12,000 increase -- and these are neighboring jurisdictions that I compare us to, because they're of the same size or they have the same needs that we have -- why would you apply here? So when we hear the 1,300, you know, that -- don't take that as something literal, because at the end of the day, I don't think you're going to get even 80 cops next September, and that's no fault of Chief Orosa. That is the fault of this Administration. I don't even blame management. You are all in charge. You all are in charge. We have another 15 people that have to leave the DROP this year; then you got another, I think, 30 or 40 the next year; and the year after that, you got over 100 that have to leave in September. You will not be able to keep up with the attrition rate. Chief Orosa will be finishing his DROP. So this is the only time that he has to worry about, and then it'll be somebody else's problem. And we have to start looking at things not only now but globally for the future or we're not going to be able to succeed. With that, there was a document that was put together by the new City Manager, Danny Alfonso, regarding comparing our pay, and it's not about comparing our pay against the median salary of a City resident. And when I hear that we don't have money yet, at the same time, we got 75 million in the bank, another 14 million this year, cranes going up everywhere, and when we say we don't have money, how do you say that? How can you say that with a straight face? You can't compare us to Detroit; you can't. You know why? Because real estate is booming here in the City of Miami. So some of the comparisons that were made in that letter was the DROP. We no longer have the DROP. If somebody under the old DROP program, anybody that started after 2000, like myself, there's no DROP program. They mentioned specialty pays, such as crime scene investigators; that's not even in our bargaining unit. We're police officers. And things are getting so bad, things are getting so bad as far as when it comes to recruitment that the new assistant chief in that division that now is overseeing recruitment is now getting all the disqualified cases and reviewing them, and if you don't see a problem with that, you're in for a big surprise, because if we can't trust a lieutenant and a major of police, which, by the way, took a week off last week, and it wasn't a scheduled vacation, okay, competent individuals, competent leaders, if they can't make the decision -- “Hey, this guy isn't” -- or “this guy or girl isn't qualified” -- what are we doing? We're going to just open up the flood gates? I don't want to compare myself to other police departments, and I'm going to keep their names out of it. We know the police departments out there that smell bad, the ones that aren't ethical, the departments that when you get stopped by one of those police officers, you wonder what type of treatment you're going to get. These men and women here, they risk their lives every day. And something that Commissioner Sarnoff said that kind of stuck in my mind was when we were talking about -- well, when he was speaking about Danny Alfonso and the disability policy for Danny Alfonso. I agree; Danny Alfonso needs

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a disability policy. He needs a disability policy. But you see all these police officers here? We go out two-thirds. We don't really have a disability policy. So imagine the amount of stress that he's under. Imagine when one of these police officers knocks on your door at that burglary in progress or that robbery in progress or that shots fired call; we're the ones that run in there. And so it seems that this goes on deaf ears year after year. Yes, you presented us a contract. I agreed to that contract. I brought it to my membership. You know why? Because I'm dying to give them more money. I'm trying to put more money in their pockets. We all work off duty. Some of us don't see our family for days trying to make ends meet, but it's not enough. And with all due respect, when Mr. Rose, who I get along with great -- he's very respectful; he's a professional -- comes up and says, “Hey, guess what, brother? We're going to put another $14.1 million in the kiddy,” when does it stop? When we have the Mayor saying on TV (Television) -- I'm sorry, TV and radio -- "Yeah, we're reaching 75; we'll be at 100 soon,” you know, how do you look at the employees in the eye and expect to get great service, for them to go the extra mile? So I ask you, please, when you guys have your shade meetings and you speak amongst yourselves -- and we all know what happens in those shade meetings. Many of you do come up to the plate and stand up for us, and some of you don't, some of you don't, and then you come out here and you put on a whole different show. If you don't respect law enforcement, and if you don't put safety as a priority, just say so. If you'd rather put up a billboard or fix a sidewalk, I understand that. But when that sidewalk cracks and someone falls, or somebody's getting robbed, we're the ones that are going to respond. People are getting drafted every day to come to work. We don't have enough police officers. So, yes, they make the extra money, they get drafted, but they're away from their families. So, again, I just ask for your support. Thank you, Mr. Chairman, for giving me this opportunity to speak.

Chair Gort: Thank you. Go back to PZ (Planning & Zoning). PZ.1.

Mr. Ortiz: Are you guys going to say anything to all the police officers that are here?

Chair Gort: As you understand, you're in negotiation at this time and you'll be working with Administration. You're the one came up with the different plans before. We suggested it and we approved it and you took it to your people. Your members did not want to approve that plan. This is something that we going to continue to work. Now, we open -- my understanding is -- and I might be wrong -- we opened the plan. We opened the negotiation because you came to us and you asked us to do certain benefits that we have approved for all the City employees and you said, no, you don't want it; you wanted to use it to negotiate and so on, so I imagine we're going to continue the negotiation. And, yes, we're looking forward. We think public safety is very important to all of us. Not only me; to all of us. I have family are policemen too.

Mr. Ortiz: So why --

Chair Gort: And I have family are policeman; they have passed away; they've been shot.

Mr. Ortiz: I understand that.

Chair Gort: So I have all that. I understand it, the process.

Mr. Ortiz: So then, why don't you guys show it? Why don't you guys show it?

Chair Gort: Listen, we in negotiation right now. You're in negotiation with the Administration.

Mr. Ortiz: We haven't negotiated anything.

Chair Gort: We continue to do so. Well --

Mr. Ortiz: I haven't even gotten --

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Chair Gort: -- they've been asking.

Mr. Ortiz: I haven't even gotten anything -- Mr. Chair, I haven't even gotten anything from the City of Miami. Nothing. I haven't gotten anything yet.

Chair Gort: You know we cannot negotiate from here.

Mr. Ortiz: No, I'm not negotiating. I'm asking for your commitment.

Chair Gort: You know that. We cannot negotiate from here.

Mr. Ortiz: I'm asking for your commitment.

Chair Gort: All I'm telling you is we want the best for everyone and that's for sure, okay? Anybody else want to make a statement?

Unidentified Speaker: We're asking for concession. Restore our pay.

Chair Gort: Okay.

Unidentified Speaker: Restore our pay. Don't ask us for concessions.

Mr. Ortiz: We're just asking --

Unidentified Speaker: Restore our pay. That's what we ask. That's what we want.

Mr. Ortiz: We're just asking for --

Chair Gort: Okay.

Mr. Ortiz: Exactly.

Unidentified Speaker: Thank you.

Unidentified Speaker: We don't want raises (UNINTELLIGIBLE).

Chair Gort: Look, you want to conduct at this point? Fine.

Unidentified Speaker: Give us back what you took.

Unidentified Speaker: That's all we're asking.

Unidentified Speaker: Give us back what you took. We're not asking for anything else.

Unidentified Speaker: Ten million dollars; $10 million will give us back everything you took.

Unidentified Speaker: Just what you took.

Unidentified Speaker: A hundred million dollars in reserves is essentially --

Chair Gort: Is this what you want?

Unidentified Speaker: -- all it takes to keep your residents safe.

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Chair Gort: Is this what you wanted?

Unidentified Speaker: One in every (UNINTELLIGIBLE) --

Mr. Ortiz: I don't think this is funny.

Chair Gort: Okay.

Unidentified Speaker: -- in Miami is a victim.

Mr. Ortiz: We're reaching --

Chair Gort: All right.

Mr. Ortiz: -- the tipping point. That's what this is.

Chair Gort: Okay.

Mr. Ortiz: We're reaching the tipping point. How much further can he push?

Chair Gort: All right.

Mr. Ortiz: Yes, I did come to you. I did come to you guys trying to strike a better deal, but it wasn't good enough. And they're right, they're right.

Chair Gort: All right.

Mr. Ortiz: They're right.

Chair Gort: You're right.

Mr. Ortiz: So all I'm asking for is your -- just your commitment, everyone's commitment up here, that you will allocate more money in order to better our department and better our public safety employees, our police officers.

Unidentified Speaker: You told me in --

Chair Gort: Excuse me.

Unidentified Speaker: -- the Miami police gym that you would give us our money back; you were going to try to give us our money back. You told me that in the gym twice.

Chair Gort: I told you we're working on it, we're working with you. FOP (Fraternal Order of Police) president is the one going on it, okay?

UNINTELLIGIBLE COMMENTS FROM THE AUDIENCE.

Chair Gort: Take them five.

Unidentified Speaker: How much longer:

Unidentified Speaker: How much longer you're going to hold it?

Unidentified Speaker: Sir, it's been four years. How much longer? Four years. We have families that lost their homes. It's been four years, sir.

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Chair Gort: Okay, I understand.

Unidentified Speaker: The City is blossoming.

Chair Gort: Look --

Unidentified Speaker: There is revenue coming to the City. We gave up a lot to help the City, and we took it and we did it, sir.

Unidentified Speaker: Over and over again.

Unidentified Speaker: How much longer, sir. How much longer?

Unidentified Speaker: You want to give it back five cents at a time.

Chair Gort: Okay. You want to keep up? Go on.

Mr. Ortiz: Keep up what? The City's been keeping this up for the last four years.

Chair Gort: You want to negotiate out here?

Mr. Ortiz: I'm not negotiating.

Chair Gort: Our commitment said that we are going to look into it; we're going to make some promise, and we'll make some commitment. I can't go any further than that. And I apologize; I cannot tell you I'm going to give you all your rights, or any of us in here, okay? I want you to understand that, and he knows it.

Unidentified Speaker: It's up to you --

Chair Gort: Okay.

Unidentified Speaker: -- guys to do that. That's the thing. You want to politic around all you want, but it's up to you --

Chair Gort: Okay.

Unidentified Speaker: -- to give us back our money. It's up to you.

Unidentified Speaker: We handle more calls --

Unidentified Speaker: Hardemon, please pay attention, sir. Please pay attention.

Unidentified Speaker: -- for service than any other municipality in the County, okay? Enough is enough already. Enough is enough.

Unidentified Speaker: Sir, you're losing --

Chair Gort: Anyone else want to make any statement? Any other Commissioner want to make a statement?

Unidentified Speaker: You're losing officers by droves; they're going to other municipalities, because your number one asset is your employees, sir. When your employees, the ones that support the public, that protect the public. It's up to you gentlemen to do the -- make the right

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decisions or make the wrong decisions. Whatever you do today and in the future either benefits these people, these officers, their families, or will not; they're going to leave. They will leave and go somewhere else.

Unidentified Speaker: They're already going somewhere else.

Unidentified Speaker: You have veteran officers that are leaving, veteran officers with experience that should be staying here; they're leaving.

Unidentified Speaker: Look at your Homicide Unit, sir. Look at your -- look at the amount of years of experience you have there, compared to what you had years ago. You don't believe me, take a look, sir.

Mr. Ortiz: Why are you upset?

Chair Gort: I'm asking if any other Commissioner would like to address you all? They don't want to. So what do you want me to do? Okay?

Unidentified Speaker: Maybe they think we're right. All right.

Chair Gort: Everyone is right to get the benefits they deserve.

Unidentified Speaker: Yeah, four years.

Unidentified Speaker: Right, but we --

Chair Gort: And that's -- I understand.

Unidentified Speaker: -- you agreed we deserve those rights. We deserve those benefits for the hard work we do. We work very hard for Miami with no pay. Nowhere else will you get that service with --

Chair Gort: All right.

Unidentified Speaker: -- this kind of service, and that's why municipalities around here in the County don't pay that. An officer I trained left and went to the County. He's been there for one year; he makes $6 more an hour than I do. I trained that officer and he left to the County. Six dollars more an hour. How do you explain that?

Chair Gort: Gentlemen, all I'm telling you, there's a process that we have to follow.

Unidentified Speaker: Sir, with all due respect --

Chair Gort: We cannot tell you -- okay, look --

Unidentified Speaker: -- you guys are getting money; that process is not there, but when we need money, there's always a process or always a delay. You were told to give us back our money from the citizens of Miami and you did not. You asked us for concessions that came along with not even a right pay scale. It wasn't even a right pay scale. Officers that came on after me were going to make more money. You know what? I would have sucked that up, if the money was worth it, but it's not. We're not paid enough. My family has lost out. Their families have lost out. When is it enough for you guys? When do your citizens get the priority?

Unidentified Speaker: We've been very patient for four years.

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Unidentified Speaker: Four years nobody screamed at you from this floor, and now it's happening, so where does that tell you this department's going? And I'm sorry, sir. With all due respect, you guys should give us back our money now, not later.

Unidentified Speaker: Not a raise; just back what you took.

Unidentified Speaker: Sir, you're talking about a process for our pay. Restore -- restoration. How come you didn't have that kind of process with the pay cuts? You had it fast -- we had it fast. We gave it to you fast, so now we're demanding the same from you guys. That's what “demanding” is.

Unidentified Speaker: Not asking for raises; we're asking for restoration.

Unidentified Speaker: That's it.

Unidentified Speaker: That's all we're asking, what's fair.

Unidentified Speaker: I think that's fair enough.

Unidentified Speaker: What you took from us.

Mr. Ortiz: That's why they voted “no.” And I'm --

Chair Gort: Okay, I understand.

Mr. Ortiz: -- glad that they're here. I'm glad that they're here so when -- and I wish Commissioner Suarez was here, and I understand why he's not. When he made the statement earlier this morning of “where is the disconnect?” It's because I can jump, I can holler, I can scream all I want; I'm only one person. These guys are the ones that are on the street. These guys keep their mouths shut. These guys are the ones that are -- you know, I get the same cuts, but these guys are the ones that say day to day, "Hey, what is the City doing to bring our stuff back? What are they doing?"

Chair Gort: Okay, you had your chance. We've talked, and I've [sic] telling you we're going to do. I can't tell you. I promise you, like people did in the -- before, they promise you and gave you a lot, and then they had to be taken out because of the problems that we had.

Mr. Ortiz: Commissioner Gort, you came to our --

Chair Gort: Look --

Mr. Ortiz: -- you came to the -- you came to our FOP hall when you got our endorsement, and you said how great things were in the City and that you were in support of us, and it's been the opposite.

Chair Gort: It was in 2010. The first time it came back, it was 2010.

Mr. Ortiz: Right. And what did we get? We got cuts.

Chair Gort: Yes. All right.

Mr. Ortiz: Okay.

Unidentified Speaker: Think about it. Hardemon, I work with your mother.

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Chair Gort: Gentlemen, you need to --

Unidentified Speaker: Sir, I (UNINTELLIGIBLE).

Chair Gort: -- understand -- ladies and gentlemen.

Unidentified Speaker: (UNINTELLIGIBLE) worked in your district and (UNINTELLIGIBLE).

Chair Gort: Ladies and gentlemen, you need to understand --

Unidentified Speaker: Give us back our money.

Chair Gort: -- we cannot promise anything from here. And any other Commissioner would like to say anything?

Unidentified Speaker: Our problem is you won't even hear what we're telling you, sir.

Chair Gort: Right.

Unidentified Speaker: Listen to what we're telling you. We're telling you we need your help.

Chair Gort: I understand, and we're looking into it. Believe me, we do look into it. I cannot tell you from here. Anyone in here cannot promise you we're going to give you so much, (UNINTELLIGIBLE) like that.

Unidentified Speaker: I don't want a promise; I want (UNINTELLIGIBLE).

Chair Gort: Okay.

Unidentified Speaker: I need my benefits (UNINTELLIGIBLE).

Chair Gort: Thank you.

Mr. Ortiz: Commissioner Gort, just in closing. This is Jim Preston. He's our State FOP president. He just wants to say something, and that will be all. Thank you, sir.

James Preston: Good afternoon, Commissioner. My name is James Preston. I'm the president of Florida State Fraternal Order of Police. We represent 20,000 of these men and women across the State of Florida, and it's time that these men and women are recognized for the service they provide you here in Miami. They are the line that stands between you and anarchy and chaos. They are the ones that put their lives on the line each and every day; every shift, every hour they're out there protecting the citizens of Miami, and it's time that they were compensated fairly for what they do for you.

Applause.

Chair Gort: Thank you.

Mr. Ortiz: Thank you, Chair.

DI.2 DISCUSSION ITEM 14-00106 Department of Human DISCUSSION REGARDING A FICA ALTERNATIVE PLAN. Resources

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14-00106 Summary Form.pdf 14-00106 Memo - FICA Alternative Proposal.pdf

Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Note for the Record: Item DI.2 was deferred to the March 13, 2014, Regular Commission Meeting.

Commissioner Carollo: DI.2 I think is the FICA (Federal Insurance Contribution Act) alternative plan?

Todd B. Hannon (City Clerk): Yes, sir.

Commissioner Carollo: Maybe we could listen to that while I start --

Chair Gort: I'd like to have that one deferred. I don't want to listen to that one till I get more information on that.

Commissioner Carollo: The FICA alternative plan?

Chair Gort: Yes.

Commissioner Carollo: I'll make a motion to defer it.

Commissioner Sarnoff: Second.

Chair Gort: It's moved and second.

Commissioner Carollo: To the next --

Chair Gort: Next meeting.

Commissioner Carollo: I'll make a motion to defer it to the next meeting.

Chair Gort: Okay.

Commissioner Carollo: And that's DI.2?

Mr. Hannon: Yes, sir.

Chair Gort: DI.2, yes.

Mr. Hannon: DI.2, we'll defer that to March 13.

Chair Gort: Okeydoke. All in favor, state it by saying “aye.”

The Commission (Collectively): Aye.

Chair Gort: What are the other ones?

Commissioner Carollo: Hold on. We still have to take up the union contract.

Mr. Hannon: Correct, sir; that's item RE.7; and we do have item PH.3, the CDBG (Community

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Development Block Grant) funding.

Commissioner Carollo: I would want to do the PH.3 after we do item PZ.21 and 22.

Mr. Hannon: Yes, sir.

END OF DISCUSSION ITEMS

PART B: PLANNING AND ZONING ITEMS

Chair Gort: My understanding, Commissioner Suarez, you would like to hear a PZ (Planning & Zoning) item?

Commissioner Suarez: Thank you, Mr. Chair. Yes, I'd like to hear PZ.9 --

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

Chair Gort: Do we have to change though?

Mr. Hannon: No, sir, but Madam City Attorney does need to read a statement into the record, and I need to administer the oath.

Victoria Méndez (City Attorney): We will now begin the Planning & Zoning items. PZ items shall proceed according to Section 7.1.4 of the City of Miami, Miami 21 Zoning Code. Before any PZ item 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 to remove the presumption of prejudice, pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request the City Commission if the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the item. They may also waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code and 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 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.

Chair Gort: Thank you.

Mr. Hannon: I'm sorry, Chair.

Chair Gort: Yes, go ahead.

Mr. Hannon: Good afternoon, ladies and gentlemen. Anyone speaking on today's Planning & Zoning items, if I can 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.

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Chair Gort: Okay, we going to hear this PZ.9, at the request of Commissioner Suarez, 'cause he has to leave right after this, but then we'll go back to the regular meeting and come back.

Commissioner Suarez: Thank you, Mr. Chair.

Chair Gort: Yes, sir. Now, do you have any deferrals, withdrawal, and --?

Francisco Garcia: We do, sir. Francisco Garcia, Planning & Zoning director for the record. And if it serves the Commission's pleasure, it might do us well to continue the items that are ready to be continued, or would you prefer to --?

Commissioner Suarez: No, no, go ahead.

Mr. Garcia: Very well. Thank you very much. So I will read them briefly for your consideration. The items that are either going to be continued or withdrawn today, subject to your approval, are as follows: Item PZ.10 and PZ.11 are being proposed to be continued for a period of three months. This is so that the applicants might consider a number of ways in which they can accomplish what they need to accomplish without necessarily requiring a rezoning, so we think it's a very good idea to give ourselves that time to consider. So what they are requesting then is to come back to the P&Z agenda of the month of May, if I'm not mistaken.

Vice Chair Hardemon: May I ask a question, Mr. Chairman?

Chair Gort: Yes, sir.

Vice Chair Hardemon: When it's stated that so they can accomplish what it is that they need to accomplish, I'm assuming without coming before this Commission?

Mr. Garcia: Correct. The issue that, in part, triggered the request for rezoning is their presumed inability to comply with all parking requirements on site. If they redesign the parking, if they find other ways to achieve those parking requirements without needing to spill over onto the site that is presently zoned for residential, they will no longer need the request for rezoning and they would then be able to withdraw the application altogether.

Vice Chair Hardemon: Okay.

Mr. Garcia: And so, for your consideration, items PZ.10 and 11 for three months, so that's the month of May, the P&Z agenda, and the applicant is here in case you wanted to add something into the record.

Chair Gort: Let's go through all of them, then we --

Mr. Garcia: Very well. In addition, items PZ.14 and 15 have been withdrawn, so we've received a letter from the applicant identifying that they are withdrawing these two items. They are no longer for consideration before you.

Chair Gort: They're not going to be coming back to us or anything like that, okay.

Commissioner Carollo: I'm sorry. PZ.14 and 15?

Mr. Garcia: That is correct, sir.

Commissioner Carollo: Withdrawn.

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Mr. Garcia: Fourteen and 15 are -- have been withdrawn. Items PZ.16 and 17, also companion items, have been withdrawn. We have a letter from the applicant to that effect. We are asking that item PZ.18 -- this is the sign ordinance -- be continued to March 13, a lighter agenda where we might have more time to discuss the subject. We are proposing that item PZ.19 be continued to March 27. We are still working on refining some components of that, and we could like some additional time to accomplish it. And we are requesting -- or rather, the applicants are requesting that item PZ.20 be continued to March 27, and that's all I have.

Chair Gort: Okay, do we have a motion?

Commissioner Suarez: So moved.

Chair Gort: It's been moved by Commissioner Suarez. Is there a second?

Commissioner Sarnoff: Second.

Chair Gort: Anyone would like to address these issues? Showing none, being none, all in favor, state it by saying "aye."

The Commission (Collectively): Aye.

Chair Gort: Thank you. PZ.9.

Ms. Méndez: Chairman.

Chair Gort: Yes.

Ms. Méndez: I wanted to say on the record that items PZ.14 and 15 were noted to be heard at 6 p.m. Since the applicant has withdrawn this item -- it's not that we're continuing it or taking action; they voluntarily withdrew it -- I'm going to ask the Clerk to just post on the City Hall --

Chair Gort: Right.

Ms. Méndez: -- basically that that was done for notice purposes.

Chair Gort: And I'm sure they're watching. There's some residents from that area, I'm sure they're here, so they'll get the message.

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

Chair Gort: Yes, sir.

Commissioner Suarez: 'Cause that's in my district. Yeah, that's just outside or -- that's actually part of Coral Gate Homeowners Association, so if there's anyone that's from Coral Gate on that item, that item has been withdrawn by the applicant. And I would ask that the Clerk, or the City Attorney, or the Chair make an announcement -- even though it's being posted, that they make another announcement at 6 in case there are people who come at 6. Thank you.

Ms. Méndez: We're definitely going to place signs on the front. Do we -- should we also e-mail (electronic) the homeowners association?

Commissioner Suarez: I think the homeowners association is aware.

Mr. Garcia: I've communicated with them, sir.

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Commissioner Suarez: Right. But I think, you know, I would appreciate it if you made a verbal announcement --

Ms. Méndez: Yes.

Commissioner Suarez: -- because there may be someone that comes in, doesn't --

Ms. Méndez: Okay.

Commissioner Suarez: -- see the sign, and may be sitting in the audience --

Ms. Méndez: Will do.

Commissioner Suarez: -- for --

Ms. Méndez: Will do.

Commissioner Suarez: -- a period of time. Thank you.

Later...

Chair Gort: We're going to --

Commissioner Carollo: PZ.20, I believe.

Chair Gort: PZ.16 -- 20 --

Commissioner Carollo: PZ.20, Mr. Chair.

Chair Gort: Twenty-one.

Francisco Garcia (Director, Planning & Zoning): Yes, sir.

Commissioner Carollo: I think we have PZ.20.

Victoria Méndez (City Attorney): Right. I believe PZ.14 and 15 was withdrawn, which can we say on the record -- I know that we posted outside, but I believe that Commissioner Suarez asked us to please mention that this was -- just in case somebody was sitting in the audience -- items PZ.14, 2001, 2021, 2121 Southwest 37th Avenue and the land use and the rezoning for that has been withdrawn; is anyone here for that item? If you'll wait one moment -- well, just so that you know, it's been withdrawn. Okay, thank you.

Claire-Francis Whitehurst: (UNINTELLIGIBLE).

Chair Gort: Excuse me. You have to come to the mike, ma'am.

Mr. Garcia: Might I clarify, as she approaches the microphone, that by “withdrawn,” we mean that the item is not open for consideration today, nor will it be. It has been withdrawn definitively and it is not to come back. If at some point in time in the future the applicant chose to pursue this course of action again, they would have to file an entirely new application and go through the same process they followed thus far.

Ms. Whitehurst: (UNINTELLIGIBLE) through the Chair --.

Chair Gort: You're welcome to come to the mike.

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Ms. Whitehurst: Through the Chair, I would like to thank --

Chair Gort: Ma'am --

Mr. Garcia: On the record.

Chair Gort: -- you have to come to the mike, sorry.

Ms. Whitehurst: Okay.

Chair Gort: You have to give us your name and address.

Ms. Whitehurst: (UNINTELLIGIBLE) is asleep. My name is Claire-Francis Whitehurst, and I'm at 3360 Southwest 18th Street, and part of Coral Gate --

Chair Gort: Yeah.

Ms. Whitehurst: -- our home residence. I would like, on behalf of all of us, to thank you, sir, for your counsel, for your knowledge, and for your very understanding of how the law works. So on behalf of us, thank you very much. This has been an honor to be here today. Thank you, gentlemen.

Chair Gort: Thank you, ma'am. I'm glad you had a chance to speak.

Ms. Whitehurst: Thank you, Madam Attorney.

Chair Gort: Okay, PZ.20.

Mr. Garcia: Mr. Chair, item PZ.20 has been continued to March 27.

Chair Gort: Right, March 27. So we have 21 and 22.

Mr. Garcia: Yes, sir. Items 21 and 22 are companion items. PZ.21 and 22 --

Commissioner Carollo: Mr. Chairman, Mr. Chairman.

Chair Gort: Yes.

Commissioner Carollo: Items 21 and 22 are District 3 items. If possible, I need about 10 minutes to prepare, so can we do the other items to maybe knock them out and then take a 10-minute recess for me to prepare for them? I believe we have --

Chair Gort: Do we have anything else?

Commissioner Carollo: Yeah. We have --

Chair Gort: Discussion items.

Commissioner Carollo: -- discussion items, union contract.

Todd B. Hannon (City Clerk): Chair, if I may, we have item PH.3 that was tabled from this morning; we have item RE.7, which was tabled from this morning; and item DI.2.

Commissioner Sarnoff: PH.3. What was the other one?

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PZ.1 RESOLUTION 13-01046sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST 60TH STREET FROM NORTHEAST 5TH COURT TO BISCAYNE BOULEVARD, AND NORTHEAST 5TH COURT FROM APPROXIMATELY 90 FEET NORTHWEST OF BISCAYNE BOULEVARD TO NORTHEAST 60TH STREET, MIAMI, FLORIDA. 13-01046sc CC 02-27-14 Fact Sheet.pdf 13-01046sc Dept. Analyses, Maps & PZAB Reso.pdf 13-01046sc Covenant Submitted to Hearing Boards.pdf 13-01046sc Application & Supporting Documents.pdf 13-01046sc CC Legislation (Version 2).pdf 13-01046sc Exhibit A.pdf 13-01046sc-PowerPoint Presentation-Cushman School Street Closure.pdf 13-01046sc-Submittal-Ben Fernandez-Settlement Agreement.pdf

LOCATION: Approximately NE 60th Street from NE 5th Court to Biscayne Boulevard, and NE 5th Court from Approximately 90 Feet NW of Biscayne Boulevard to NE 60th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ben Fernandez, Esquire, on behalf of The Cushman School, Inc., A Not-For-Profit Corporation

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on June 6, 2013 by a vote of 4-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 7-0.

PURPOSE: This will close and vacate a portion of NE 60th Street and NE 5th Court, adjacent to the Cushman School, to improve safety and security for school operations and to better facilitate and control student drop- off.

Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, 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-14-0070

Chair Gort: PZ.1. Yes, sir.

Commissioner Carollo: Should I suggest a five-minute recess or so?

Unidentified Speaker: I'm good.

Commissioner Carollo: No?

Chair Gort: He's ready to go.

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Commissioner Sarnoff: Five minutes?

Commissioner Carollo: I think we should have a small recess, so let everybody --

Chair Gort: You guys want a recess?

Commissioner Carollo: No. I mean, we could continue if you want. I just --

Chair Gort: Okay, we can continue.

Commissioner Sarnoff: Okay.

Chair Gort: Yeah.

Unidentified Speaker: I'm fine.

Chair Gort: PZ.1.

Francisco Garcia (Director, Planning): Mr. Chair and Commissioners, by way of brief introduction, item PZ.1 is before you as a resolution. This is a proposal for a street closure for the Cushman School, and it is to close and vacate a portion of Northeast 60th Street and Northeast 5th Court adjacent to the Cushman School. There is a covenant that has been proffered that I believe the applicant will address, and based on that covenant, we are recommending approval for your consideration. I will answer any questions you may have.

Chair Gort: Thank you. Yes, sir.

Ben Fernandez: Thank you, Mr. Chair, members of the Commission. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of The Cushman School. You may recall that this item was before you last month. You heard our presentation and asked us to return and harp on the public benefit that was being provided as a result of this closure. I'm here again this afternoon, joined by the head of school, Arvi Balseiro, Ken Cebeck, Sheryl Rudnick, and the Mayor of Miami Shores, Ms. Herta Holly. The Cushman School, as you know, is a not-for-profit private elementary and middle school, located on Biscayne Boulevard and 60th Street. It's Miami-Dade County's oldest private -- continuously operating private school, and it consists of several buildings on a large four-acre campus. There's a diverse student body representing 40 different countries and over 500 students. So, as you may expect with such a large campus, there's a need to move around from building to building, and what we have here -- what is unique about this school is that there is a public right-of-way that essentially bisects the campus, and we're here today asking for you to vacate this right-of-way, because the school has grown over years, has purchased property on both sides of this existing right-of-way, and would like to exercise its reversionary right to have that right-of-way returned to it, not in order to build anything over it or not to keep the public out in any way, but simply to be able to provide enhanced security measures in the event that it is necessary to lock down the campus or to stop someone that the school security guard may think poses a potential threat or danger to the student population or to the members of the faculty. So let me be clear that it isn't the intention here to prohibit anyone from entering the campus. Pedestrians will be able to enter this street. Bicyclists will be able to do that as well. The street will remain an ingress and egress easement for emergency vehicles. That's on the plat itself. And -- Is there a microphone? Thank you. I just want to point out that this roadway segment is essentially a boomerang-shaped street.

Vice Chair Hardemon: Mr. Fernandez.

Mr. Fernandez: Yes.

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Vice Chair Hardemon: Let me ask you a question. Before you were before this body -- when you were before this body, there was a covenant that was supposed to have been drafted and given to us so we could review.

Mr. Fernandez: Yes.

Vice Chair Hardemon: As I -- I don't have a covenant in front of me. I have minutes from the last meeting to look at some other things. And the other -- the only covenant that I have is the one that we had prior to that meeting. So my first question to you is, when did you first make this available --? Well, I mean, it says -- it was witnessed on February 27.

Mr. Fernandez: There are actually three different documents, Commissioner Hardemon. There is the covenant that has been in the record since the last meeting. That covenant essentially prohibits parts of the property from being unified with other parts of the property, which is something that both the MiMo (Miami Modern) Association and the Palm Grove Association wanted us to do. That is appropriately part of a declaration of restrictions that runs with the land. The other conditions, the other public benefits are all documented in a private settlement agreement that has been disclosed or a affidavit of disclosure has been provided, disclosure of consideration has been provided to the hearing section, and you have it here now before you. It is essentially a settlement agreement with MiMo and one with Palm Grove. The agreement requires that the school contribute towards landscape improvements on Biscayne Boulevard. It also requires that the street remain open as an ingress and egress easement to emergency vehicles. It requires that the school allow tour buses to enter for historic tours. It also requires a contribution to the Palm Grove Association for signage, “welcome” signage for the neighborhood, and then it requires the covenant that is in your record that I just referenced that prohibits the property from being aggregated to accommodate redevelopment. So in addition to that, there's one more thing that we've done, which is we've provided a contribution to the Little Haiti Optimist Club of $5,000 for their efforts in the community. And we think that that type of public benefit, combined with the fact that the application clearly meets the requirements of Chapter 55 of your City Code -- and without getting into a lot of detail, I'll just point out the most obviously reason why. This is a boomerang-shaped street that takes you from one street that you're traveling on right back to the very same street, Biscayne Boulevard. Here's what Miami 21 says about thoroughfares. It says, “All thoroughfares should terminate at other thoroughfares to form a network.” So this type of street wouldn't even be appropriate today under your current Code. It may have been appropriate in 1924 when it was created, but back then this was what the plat looked like. The plat actually communicated with Kennesaw Drive in Morningside; it created a network, but of course, Morningside has closed off its streets. So any meaningful circulation pattern was destroyed as a result of Morningside closing its streets. So if you hear from them today that they're opposed to this, well, they asked for the very same thing, and they're the ones that broke up the continuity of the potential circulation that this could provide. So these are the reasons why we believe our application is appropriate, meets your test. We have the support of your Plat & Street Committee. We have the unanimous support of your Planning, Zoning & Appeals Board, and we have the support of both MiMo and Palm Grove.

Victoria Méndez (City Attorney): Mr. Fernandez.

Mr. Fernandez: Yes.

Ms. Méndez: Just to ask you, is it possible that some of the conditions which were pretty specific about the right-of-way, access of commercial vehicles, things having to do with the historic viewings of the property, and things of that nature, which are reflected in the two settlement agreements with Palm Grove and MiMo, could those be inserted into the covenant just so that there's one recorded document, so that there's no question?

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Mr. Fernandez: I suppose that some of them could be. I just don't know that they're appropriately the subject matter of a covenant that runs with the land that would, you know -- that could potentially apply to different owners in the future. These are contributions that are going to take place within months --

Ms. Méndez: Well, not --

Mr. Fernandez: -- of this approval, and after that will become meaningless, so --

Ms. Méndez: -- the monetary contributions, but everything having to do with the use of the property and how it's going to be planned. For instance, the -- definitely, the main thing that has to be with the unification of the property, that's already in the covenant, but the emergency access --

Mr. Fernandez: We can add that, absolutely.

Ms. Méndez: The --

Mr. Fernandez: That is in the plat itself, so it's --

Ms. Méndez: I understand, but remember, for the unsophisticated lay person, let's say --

Mr. Fernandez: We can certainly add --

Ms. Méndez: -- you know, one place where they can look and all of their concerns will be addressed.

Mr. Fernandez: We can certainly add that.

Chair Gort: Thank you. Anything else, Madam Attorney.

Ms. Méndez: No. They'll just -- based on the minutes last time and what was proffered on the record, that there were certain conditions, all those conditions will be entered into the covenant for purposes of being located in one place. Obviously, that which has to do with the contributions, their monetary concerns will not be in there, but everything having to do with the use of the property, that will be in there. Thank you.

Chair Gort: Thank you.

Vice Chair Hardemon: I have one question.

Chair Gort: Yes, sir.

Vice Chair Hardemon: The diagram that you showed me or that you showed us, rather, that has the street that you said Morningside closed off, can you show that again, please?

Mr. Fernandez: Sure. This is the old plat from 1924. This is the boomerang-shaped street that we're seeking to close. This is Kennesaw Drive from -- emanates from Morningside. This street also used to connect to Biscayne Boulevard. This Dixie Boulevard is now Biscayne Boulevard. So there was a movement that existed that took you, arguably, from this street to -- from Biscayne to a different street, which is what Miami 21 requires today of a street, that it take you from a thoroughfare to a different thoroughfare. So what you have here now as a result of this closure is a street that simply serves to take you from the thoroughfare that you're on to the very same thoroughfare, Biscayne Boulevard. It takes you nowhere else. And Cushman owns property on either side of this thoroughfare.

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Vice Chair Hardemon: So can you tell me how on Kennesaw --

Mr. Fernandez: Yes.

Vice Chair Hardemon: -- how is that blocked off? How is it blocked off?

Mr. Fernandez: There's a permanent --

Vice Chair Hardemon: Fence?

Mr. Fernandez: -- median -- all of the streets in Morningside are blocked off or gated.

Vice Chair Hardemon: And I don't -- the other diagram, please. The property -- I remember, there's a property, that light blue property -- not the dark blue one; the light blue property on the green pasture to your left and down, up. Well, that's green, so it would be to your right.

Mr. Fernandez: Oh, I'm sorry.

Vice Chair Hardemon: No, no, to the right, to the blue. The blue.

Mr. Fernandez: This one.

Vice Chair Hardemon: I wish I had a laser point. The blue property that's to the left of that building -- yes

Chair Gort: Right there.

Mr. Fernandez: Yes.

Vice Chair Hardemon: -- what building is that?

Mr. Fernandez: That is a building that was recently acquired by the school.

Vice Chair Hardemon: So it was finally acquired?

Mr. Fernandez: Yes.

Vice Chair Hardemon: The school belong -- has that building now?

Mr. Fernandez: Yes, it was. Everything -- the school owns everything up to the green area here. And the only buildings that are left on this segment of the street are all supportive of this application. They're going to have less traffic as a result of this closure.

Vice Chair Hardemon: Madam Attorney, is the covenant sufficient as it stands?

Ms. Méndez: The covenants at this time is not as presented, but as we stated on the record, the conditions that are in the settlement agreements with MiMo and Palm Grove, the conditions that were stated on the record last time, of which we have the minutes, and will be placed, that -- those conditions will all be placed into the covenant and recorded.

Mr. Fernandez: The ingress and egress requirement.

Ms. Méndez: Right. And the parking spaces, the additional parking spaces, those things which are the subject of the two settlement agreements that don't relate to monetary value; just the use

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of the property.

Vice Chair Hardemon: One more question, Mr. Chairman. The Police, the Fire -- the access to the street for Police and Fire, I understand during the daytime hours -- I mean, I -- when I've driven that street during school time hours and I -- it's a beautiful street, so I'm sure it served a historic community at some point. Now it serves this campus. So my question to you is, at nighttime, if there was something to happen on this campus, how do the police vehicles, Fire Rescue, things of that nature, how do they have access to that street?

Mr. Fernandez: That's a good question. There will be a lockbox, which is essentially a device that the Police or Fire Department can use. They turn a key and it opens the gates for them, and they enter at any time, 24 hours a day, for any type of emergency.

Chair Gort: Okay. Are you through with your presentation?

Mr. Fernandez: Yes, sir.

Chair Gort: Would you put the diagrams down? And anyone in the public would like to address this issue?

Henry Patel: My name is Henry Patel. I'm the hotel owner on 7150 Biscayne and a long-time neighbor from 26 years in the neighborhood. I stand in support of the request by Cushman School to allow them to close this street. I had my -- my child used to go to school -- no longer goes to the school anymore, and don't have any more children to go there anymore, so I'm not biased at this point. But this school -- when my son went there for nine years, we could see the nightmare of security, especially -- you know, I'll say when there were a couple of buildings owned by different people, it'll be difficult for asking to vacate the street, but now as the whole campus around the street, both side, north and south, is owned by Cushman, it just adds that sense of security for people who bring their kids to the school, because you know, even though we have tried hard, there are still issues where people feel unsecured, and especially going into it from the Biscayne Boulevard and turning right on 60th Street. So -- and school security has been in the spotlight in our country for many years, so I'll say this is something which is a very genuinely -- genuine request, and I think we should -- you should consider giving it. And I'm -- from business owner side I don't see any business owner. I mean -- on the record I'll say this, right, not many business owners out there to oppose it. What does that say? The business owners are okay with Cushman School to make a move. Thank you very much.

Chair Gort: Thank you, sir. I see Biscayne Boulevard has given you a lot of gray hair.

Ken Jett: Good afternoon, Commissioners. Ken Jett, 8320 East Dixie Highway. I am here representing myself on this item. I'm opposed to the vacation of this public street. The item's very disturbing for a couple of reasons. First, the City Charter sets forth the requirement for the vacation of a public street; that it must be in the public interest. In my estimation, vacating the street is not in the public interest, but is only in the interest of a private entity. Cushman's a private school; therefore, while it may be in the best private interest, this item fails the litmus test in my reading of the City Charter. If you entertain this closure, where do you stop? Does every public school, private school suddenly become eligible to close the street whereon they are located? Does Chucky Cheese and Toys 'R Us suddenly get a line-up -- get to line up to ask for private properties to be given to them? Vacating the street sets a dangerous precedent for the Upper East Side. Our streets are not for gifting and they cannot be bought. You all know that we have Biscayne Plaza, which has streets running through it too. Secondly, I find it unethical and disturbing that we have area organizations lining up at the feed trough to make money for their support of this issue, so I'm glad that it was disclosed on the record that these things had been made. I want to thank you for your opposition to this item and, please continue to be good stewards of our public property. Thank you.

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Chair Gort: Thank you. Yes, sir.

Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioner Hardemon, I commend you for having noted at the last hearing that our City Code states that a street closure must serve a public purpose, not a private purpose; and yet, the applicant has not stated a valid public purpose or public interest for closing this street because there is none. Their main argument appears to be a belief that the closure would not diminish the public interest, but that is not true. This proposal would only serve a private purpose and, in doing so, would set a very troubling precedent, as they are many streets throughout the Upper East Side and the entire City of Miami that might be considered for a similar action. This is a slippery slope, and I would caution you to avoid the unintended consequences that it might trigger. If a past crime or the potential of future crime is now a valid basis for closing a public street, then will all the streets in front of all the other elementary schools in District 5 or even throughout the entire City of Miami also be closed? The idea that this street closure is needed for child safety begs the question of how every other elementary school in the country is able to get along without having the street in front of it closed. As you can see in these pictures, there is no inherent danger in the current situation, as the school already controls student drop-off every day. They use dozens of traffic cones, eight security guards, and an off-duty City police officer. Notice that there is a median in Biscayne Boulevard already at 60th Street. Access to this area is already compromised. It would be worse if this were closed. Regarding the covenant, the covenant is an attempt at mitigation. It does not satisfy Section 55-15 of the City Code, which requires a public purpose for the street closure itself. Also, there has been disingenuousness in this process, as the purpose for the street closure up to and including the last City Commission agenda was listed as being for better maneuverability and access of emergency vehicles. But then I started asking City staff how on earth could the closing of a street create better maneuverability and access? Now the agenda lists the purpose as to improve safety and security for school operations and to control student drop-off, even though that was not the documented purpose, as this proposal went through the administrative review and PZAB (Planning, Zoning and Appeals Board) process. As this picture shows, the curved street is part of the original Bayshore plat from the early 1920s, which also includes today's Morningside. You were given some disinformation by Attorney Fernandez during his presentation. He said that the streets in Morningside are closed, and they want the same thing. It's a completely different situation. The streets in Morningside are barricaded against vehicular access. However, they remain completely public property. They're open to pedestrians 24/7. They are not vacated and closed, as is being requested here.

Chair Gort: Elvis.

Mr. Cruz: Sir, Mr. Lewis Herrera has offered me his two minutes, and I'm almost done.

Chair Gort: You got just two minutes, okay.

Mr. Cruz: No problem. This plat has six separate curve streets which give the public realm an enhance aesthetic as opposed to the vast majority of streets in Miami, which are laid out in a rectangular grid pattern. With its curve that runs alongside the historic Cushman School and its landscaped median, this is one of the most unusual charming and beautiful streets in Miami. Closing it would be a great disservice to the public realm. Commissioner Hardemon, I thank you for having visited this street and purpose -- excuse me -- in person and you are aware of its extreme beauty. In closing, Cushman is a fine school. There's no question of that. But this is a simple case of someone wanting something that doesn't belong to them. This street belongs to the public. And as a member of the public, I ask you to uphold the City Code and to respect the treasured concept of protecting the public interest and public access to a public street. Please deny the street closure. Thank you.

Chair Gort: Thank you. Anyone else?

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Neisen Kasdin: Mr. Chair.

Chair Gort: Yes, sir.

Mr. Kasdin: Neisen Kasdin, One Southeast 3rd Avenue. I'm here speaking as an individual; not on behalf of Cushman School. But I have an interest in this matter, because my wife has taught at Cushman School for over 20 years. Our children went to Cushman School. I'm very familiar with this school, what it means for the community and its relationship to the neighborhood. They're a good neighbor. They have expanded the school over the years, the years I've been there, to include the upper -- middle school. It serves many, many children who live in the City of Miami, if not, perhaps, most of them. It is an anchor institution for the revitalization and stability of that neighborhood. And one thing I know -- and my wife teaches four and five year olds, and now next year, I guess six year olds -- is this is needed for the safety of the students. It is needed for vehicular purposes, for security purposes. It's not going to affect the aesthetics one bit. In fact, if anything, the aesthetics will be enhanced. And for these reasons, I think it's important that this be granted. It's for the benefit of the kids who go to school there, many of whom are Miami residents, for their safety and for the well-being of Cushman School, which I think is a spectacular institution and contributor to the City. Thank you.

Chair Gort: Thank you, sir. Yes, ma'am.

Nancy Liebman: Nancy Liebman. I'm here on behalf of the MiMo Biscayne Association, and we are in full support of the street closure on the basis that this is a public purpose. It's a public purpose to protect the children who go to that school. The campus now is divided. Anybody can just ride through while school's in session, while school's closed. And in this day and age, to protect the children against any unforeseen event is very public. The benefits -- when we as an organization discussed the closure, there were some people who felt that it shouldn't be, but we came around to thinking that if the school would benefit the rest of the community, that we would be very happy to work with them as that the funds that are disclosed in the agreement are to be kept in trust by the school to be used for the beautification of Biscayne Boulevard, hopefully, when we have some medians up there in the Historic District. So I hope you will approve the closure. I think it will be a proud moment for this Commission to do so. Thank you.

Chair Gort: Thank you, Commissioner.

Arvi Balseiro: Good afternoon. My name is Arvi Balseiro, and I'm the head of The Cushman School. I've been there for 26 years, and I've worked closely with Anna Kasdin. Over the course of the 26 years, as I shared in our last meeting, we've had many incidents that were potentially extremely dangerous to the students of The Cushman School, and we are here pleading for that safety for the students. In regard to the public benefit, for 90 years we have continued to give to our community in many, many ways, because we believe that the students in the community extend beyond those that we hold true to our own community, but as well as the Miami community. They belong to each one of us, so when we talk about public benefit, we recognize that students in other schools are our responsibility as well, as well as our own, and I hope that you understand that, and we continue to design and implement programs for other students. We do -- we are not insular. As a matter of fact, we were recently recognized through a school audit that we have annually that we are the independent school in this area that contributes more money to financial aid to ensure diversity and to ensure opportunities for all students than any other independent school in the area. The Cushman School wants to continue to do that, but we want to continue to ensure that our students are safe at all times. And I ask for your sincere dedication to this matter. Thank you.

Chair Gort: Thank you. Yes, ma'am.

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Eileen Bottari: Good afternoon. My name is Eileen Bottari. I reside at 505 Northeast 76th Street. I'm a homeowner in the Palm Grove neighborhood for 30 years. I'm also a community activist for the past 25 years. I was a teacher at Morningside Elementary, so I'm very aware of the situation with the children. I watched the last meeting on the video, and I found it quite deplorable that people stood up here and basically made the statement that the only way the children in this neighborhood could be safe is by taking possession and ownership of a street , 'cause basically, what you're doing is setting a precedent that all the schools in the City of Miami have the right to take control and possession of the streets around them for their children to be safe, and I don't find that to be true, especially in our neighborhood. I'm also a director for the North Palm Grove Community Organization, which is in Historic Palm Grove. The attorney stated he's reached out to the neighborhood. No one ever contacted our neighborhood association. I've attended every board meeting that we've had, so I don't know why he said that, but he hasn't contacted our neighborhood association. Mr. Powers has stood up here and stated that he is the representative for our neighborhood. Mr. Powers represents himself and the very few people that he works with. He does not speak for our neighborhood. I am here speaking for myself, because this issue never came before our board to take a position, which is unfortunate. I oppose the street being closed, and I personally find it alarming and deplorable that there is backroom dealing going on for monetary and goods for payoff to support this issue . Thank you.

Chair Gort: Thank you. Next.

Bob Powers: Bob Powers. I live at 565 Northeast 66th Street. I represent the Palm Grove Neighborhood Association. The North Palm Grove has a difference of opinion amongst their board and that was what that was all about. I can't speak to that. This all started two years ago when I was asked to go by then-Commissioner Sarnoff, along with Michael Loveland and my board, the board of the Palm Grove Neighborhood Association, two members of my board, along with myself, went to go sit with Jay Solowsky to try to work out this issue. So it's been two years and counting in trying to work this out, how to make this -- And it wasn't so much about the street closure at the time. It was the fact that they had ripped down two historic homes in the neighborhood association, and that's why it came up as a issue. The other thing also was to address other things in the neighborhood. It's an involved conversation. If you want to know more about it, I'll be more than happy to talk to you about it. It's always been put on the record before. This is not a new conversation. Palm Grove -- you know, they own 80 percent of the street. And, you know, the other thing also, was we put into place that they can never alter or change that street and that they can never do unity of title so nothing can ever happen to that land to be sold to -- that was our major concern, was that the land would be unified, then the -- you know, 25 years down the road, they'd sell that land, then something larger would be built there. That was our primary upset. The fact of the matter is that they can't ask anybody to leave that street who's creating a problem, unless it is given to them. There's no mechanism. If there was a mechanism within the legislation to address being able to tell people to leave a public street that aren't -- shouldn't be there or creating a harm, there's no way to do it. Our own law doesn't provide us with that -- correct me if I'm wrong. So the only remedy that we had was to allow the street to be taken or be given with the expressed covenants that they couldn't alter it, they couldn't do anything to change it, and they couldn't build upon it, and that if they unified the title of the properties, that they would give up that, they'd give up the right to that street. Do I stand correct? So that was -- that's the nuts -- and bolts of the whole thing. And that -- I don't know how you can argue with that. Thank you.

Chair Gort: Thank you, sir. Okay, sir, you got --

Mr. Fernandez: Mr. Chair, a very brief rebuttal. Yes, thank you.

Chair Gort: Thirty seconds.

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Mr. Fernandez: With respect to Mrs. Bottari's comments, we had a PZAB hearing, and I have not heard from Ms. Bottari; would have been glad to have met with her, had she expressed an opinion prior to this hearing. With respect to Mr. Cruz' comments, this is different from the Morningside closure, because the Morningside closures have physical barriers on their streets. We're not proposing a permanent physical barrier on any street. We're proposing a gate that will provide a security checkpoint, so it's very different from the Morningside condition. And finally, with respect to some of the things that have been said generally about the City getting back a street, the City doesn't own this street. The public has an easement, under the law, to utilize the street for transportation purposes and circulation purposes for so long as there is a need for that connection to exist from one street to another street. As I mentioned in my presentation, that purpose has been frustrated in this event. In addition to that, the property owner, The Cushman School, owns on both sides of this street, so there is no legitimate need for this street to exist for public purposes, and the school is assuming all maintenance costs. The taxpayer will no longer have to take care of this street and provide maintenance for it, so there's another public benefit. Thank you, Chairman. Thank you very much.

Chair Gort: Thank you, sir. Now I'll close the public hearings [sic]. You're recognized, Vice Chairman.

Vice Chair Hardemon: Mr. Fernandez, I'm glad that you touched on the Morningside closure, because when you described the Morningside closure to me, I immediately, of course, went to my Google maps to see what it looked like; and from what I saw, it didn't appear to be closed, but now that we have the explanation, there is still a difference. When I look at the fact that the Morningside allows pedestrian traffic -- if I was a person walking down the street, I could walk through the barrier; it just does not allow vehicular traffic. So my first question to you, as I understand it, so I want you to clarify for me is will pedestrians be able to walk through that street?

Mr. Fernandez: Absolutely. There's no intent to prohibit anyone from walking through the campus. The only thing that this will accomplish is the ability to have a security guard definitively stop someone that they may have a suspicion about that could pose a threat to the school, to the student body, or to the employees of the school.

Vice Chair Hardemon: Well, to me, that's interesting that you put it that way, because -- in fact, then they could stop anyone. Because the only people that I know that walk in that community around in that -- well, I don't want to put it that way. That's too much of a blanket statement, but -- however, when you're telling -- what you're referring to is the ability for a security guard, a private security guard to tell anyone walking on this public street that they cannot continue to walk through, based off of how --

Mr. Fernandez: Essentially, that's correct.

Vice Chair Hardemon: -- they look, right?

Mr. Fernandez: And the difference is that -- for example, I think it was Mr. Cruz that indicated that there are many other public schools that have a street in front of them, and that's not a problem. Yes, this is not in front of the school. This is a street that bisects the campus, right through the middle of it. So it's very difficult for the school to go into a lockdown mode and protect accessibility to any portion of the campus. It's a different condition. In addition to that, there's simply no purpose for this street because the school owns the property on both sides. So the reason for the original creation of the street under the plat was for transportation purposes . There today exists no reason for anyone that isn't visiting the school to turn into this street and utilize it for transportation purposes. As your professional staff recommendation indicates, one of the things that this would do is improve circulation in the area, because you won't have the person making a mistake thinking that they can turn on 60th Street and reconnect to, say,

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Northeast 2nd Avenue to the west; someone might think that they could do that, or turn right and come back up to MLK (Martin Luther King). You can't do that because you're stuck in a boomerang and you're coming right back to where you are. So the street currently serves to create congestion during the school drop-off hours that is caused by the person that is making a mistake, that could potentially make a mistake and enter the campus looking for a connection that doesn't exist.

Vice Chair Hardemon: There are a number of things -- I want you to jot these questions down. We talked about the public interest. Well, there are a few things that are going on here that trouble me. One of the things that troubles me -- and this may not be a question directly for you -- but when I look at what Mr. Cruz made mention of, the City Commission fact sheet that was amended from before, and when I look at this City -- the fact sheet, it used to read -- and if you see it in your books right now -- on your PZ.1 City Commission fact sheet -- for the purpose it was -- it would allow -- this would allow better maneuverability and access of emergency vehicle to serve the existing school. I'm attempting [sic] this was an attempt to talk about some public purpose. And then now, when I read from -- online this same City Commission fact sheet, that has been altered, that has been changed. The purpose is now, this will close and vacate a portion of the -- of Northeast 60th Street and Northeast 5th Court, adjacent to the Cushman School, to improve safety and security for school operations and to better facilitate and control student drop-off, which to me, especially the -- it goes directly into more of a private benefit than a public benefit. The bottom line is that when we read our governing documents here, it talks about there being a public benefit. And although I've heard many, many things left, many, many things right, I have -- I've heard very little, to my knowledge, of some public -- no, I won't put it -- of a public benefit that is worthy enough to vacate a street of this magnitude. And I will say, although I wasn't privileged enough to go to private schools, but the public schools that I went to, there were public roads directly all abutting them. And even when you look at Holmes Elementary, which I was not a student at, but the school itself has their children play on a field that is directly across the street from the school -- I think it's about 67th Street -- and they didn't close that street. Is it a little different than this? Yes. However, that school was not purchased and all the property around it to facilitate this type of vacation. So my first question to you is why was the purpose on the City Commission fact sheet changed the way that it was?

Chair Gort: Go ahead. Mr. Garcia: I'll address them one at a time then. Thank you for the questions, sir. That change in that verbiage was directly related to a request from the Fire Rescue Department who objected to that language being there, because they still needed access to those roads for safety purposes. That access will remain in place by virtue of the easement, the covenant that has been recorded, and so it is being -- taken care of it in that manner, so we changed the purpose slightly to reflect the fact that continued access should be provided for emergency purposes, and that now, in our opinion, makes the matter whole, resolves the issue.

Vice Chair Hardemon: When I consider the last time that we were here, and most of the argument that was being made in support of this vacation, I believe someone mentioned Sandy Hook; people mentioned robberies that were in the community. I mean, I know the community, right. I know that part of the community. I know what's happening around there. And, I mean, we could talk about Sandy Hook, but we would not like to, but we know that that was a different situation than what a robbery is outside the school grounds. However, even those things I don't believe give us the type of public benefit, in my opinion, and I'm just one vote.

Mr. Fernandez: Well, Commissioner, if I may address that. The public benefit is really -- can simply be viewed as taking a street that no longer provides a public transportation purpose off of the City tax rolls, so to speak, or putting it on the City tax rolls, because there's no reason why the City should be maintaining a street that only serves a private school. And that is in essence what the City of Miami would be doing by not recognizing that this street should be vacated, because there is no legitimate public transportation purpose for this street, given the fact that the

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transportation network has been frustrated. Morningside closed its street on its side of Biscayne Boulevard, and what you have is a boomerang that simply goes through a campus. So it's as if I were to tell you that we should begin to fund the -- you know, a street that runs down someone's yard, or through a private neighborhood in the Moorings or in Bay Point. That wouldn't happen; those streets need to be maintained by the abutting property owner. And Cushman should be -- should maintain this street since they now own all the property around it.

Vice Chair Hardemon: When Cushman was only on the small island, as I would call it, that's where it starts; am I correct?

Mr. Fernandez: The Cushman started on the small island, and it grew.

Vice Chair Hardemon: Right. But when it was on that small island, how was it that both sides of those streets would have been used? 'Cause one side was for homes.

Mr. Fernandez: Yes.

Vice Chair Hardemon: And one side was Biscayne Boulevard.

Mr. Fernandez: Mm-hmm.

Vice Chair Hardemon: How was it that the students were dropped off then?

Mr. Fernandez: Well, years ago, I would assume that they were dropped off by this very same street, but the difference then was that there were many other -- and maybe I should bring the map back up -- but there were other lots, other owners on the other side of the street, so the street -- nobody needed it to be closed at that point, because the street was serving those other property owners. But today, that -- it's a different condition, and there are no other property owners that are served by this street. So essentially, the street would be -- the City would be maintaining a street, providing lighting, asphalt renewal, landscape maintenance, et cetera for what is a street that goes through a private campus. And the fact that the City -- that the school has grown over the years, well, that's a result of the fact that it's doing a good job; it is a not-for-profit school, and it accepts students from all walks of our society. So I think there's no question as to the merits of the school. And the fact that it's providing an ingress and egress easement to the City, back to the City for emergency purposes means that the -- there is no real benefit to the school from a development standpoint, because it will remain a street; it will remain exactly the way it looks today in perpetuity.

Vice Chair Hardemon: So is -- so then when you -- because there's two things happening here. One conversation is about the restriction of vehicular traffic.

Mr. Fernandez: Yes.

Vice Chair Hardemon: But then the other conversation is the restriction of pedestrian traffic. So if you're telling me this street will be the same as it was before, I think that -- it frustrates me with that, because, not necessarily; not because we put a small arm there to keep vehicular traffic at a minimum, 'cause you're going to allow, I guess, someone who has some type of medallion on their car to drive through and drop their children off, and then you keep that thing down, also, so at nighttime, it will be closed, but what it seems to me is that a person who is walking on the street and who wants to enjoy the -- that community, or that street, or see a school that they've never seen before doing so well, they will be stopped, and I think that's different.

Mr. Fernandez: They will be stopped if the security guard senses that that person needs to be stopped. But the intention is not to stop everyone, and it's not to hold them for any particularly long period of time. It's simply -- it's the same thing that Morningside has, or Belle Meade has.

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It is a security guard with a security arm; the difference being that if I want to drive into Morningside and the security guard tells me to stop, I don't have to listen to that guard. I can continue to drive through. And most of the time, the guard just waves back at me and smiles; doesn't even look at who I am. Well, in this case, the guard will be able to stop someone and say, “Wait a minute, we want to see what you're doing, why you're coming to the campus,” and that's it. They'll check to see that the person isn't carrying a weapon or a suspicious package; that's the only difference.

Vice Chair Hardemon: When I was reading through the declaration of restrictive covenant -- I'm looking at Section 5 for amendments or modifications. And Madam Attorney, you can tell me if I'm right about this, but as I read it, it appears to be that whoever the owner in fee simple is -- the Cushman School -- of this piece of property, all they have to do is meet with the City Commission. If they have the City Commission's approval, then at that point, the restrictions in this covenant can be relaxed; am I correct? Okay, I'll repeat it again. I'm looking at the declaration of restrictive covenant.

Ms. Méndez: Right, but the declaration that's there presently is not the declaration. What we're going to do is this will be adopted with modifications, and we will submit the new covenant, which is the correct attachment, with all the conditions that we've talked about today.

Mr. Fernandez: Madam Attorney, I believe the Commissioner's question is: If someone were to try to modify this covenant, the modification provision cannot be accomplished administratively, the modification.

Ms. Méndez: Right. No.

Mr. Fernandez: It requires full public hearing.

Ms. Méndez: It would have to come back, right.

Chair Gort: Excuse me.

Ms. Méndez: It would come back.

Chair Gort: Excuse me, excuse me. Let's go through the Chair. I don't want argument between the two of you.

Mr. Fernandez: Yes, sir.

Chair Gort: Okay. Thank you. Answer his question, please.

Ms. Méndez: Yes, Chairman. It would come back before the City Commission. We would make sure that we would put the provision that it would have to come back before the City Commission for any modification.

Mr. Fernandez: Through -- Mr. Chair, may I?

Chair Gort: Yes.

Mr. Fernandez: The provision --

Ms. Méndez: I'm sorry --

Mr. Fernandez: -- is in Section 5.

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Ms. Méndez: Okay.

Mr. Fernandez: It requires review by the Planning, Zoning & Appeals Board and the City Commission --

Ms. Méndez: Okay.

Mr. Fernandez: -- for any modification, sir.

Ms. Méndez: And does that answer your question, Commissioner Hardemon?

Vice Chair Hardemon: Right. So my point in that -- Mr. Chairman, my point in that would be that this covenant is only as good as the Commissioners that are here to keep the street intact the way that it is.

Ms. Méndez: Not exactly. We will record this in the public records, or the applicant will, and show us proof of recordation. But when there's a covenant in the public records and certain things have to be met -- for instance, I've had cases where if the covenant is not adhered to, it goes to Code Enforcement, there's suits on the covenant. It would have to come -- it could come before the Commission based on any approvals to be rescinded, things of that nature. So the covenant is actually a tool in order to make sure that there's compliance with regard to the conditions that are placed in it. So that is a partial -- hopefully, it makes you feel better that, yes, it's partially -- part of it is that, yes, it depends on the Commissioners that are here at the time if it comes back for a modification. However, when things come back for a modification, usually -- and let me give you an example. When there's a covenant that was done 30 years ago and it's coming back before the City Commission for some sort of modification, we pull the minutes, we pull all the records, we put it as backup; we give all the information to the Commission that we have. So I don't know if that gives you a certain sense of comfort, but those are the things that we do when certain modifications come before you that were done maybe 40 years ago.

Mr. Fernandez: Mr. Chair, may I also add to that --

Chair Gort: Yes.

Mr. Fernandez: -- in response? Any additional change, Commissioner Hardemon, would not only require a modification of the covenant and review by the Planning, Zoning & Appeals Board and the City Commission, but because the street that is being vacated is becoming an easement, a platted easement, that easement will be described on the physical plat, itself, that gets recorded in the County public records, and is available to any attorney doing title research, or anyone looking at the public records. So to eliminate that restriction would not only require a modification of the private settlement agreement, the public covenant, but it would also require an entire replat of the property, which requires an introduction of a new physical plat by an engineer, review by your Plat & Street Committee, review by your Planning, Zoning & Appeals Board, and review by your City Commission as a part of this process. And by the way, this process isn't over, because there's still a final plat approval that is required by this very same board in the end. Once this is vacated, you need to accept the final plat.

Chair Gort: Yes, sir.

Vice Chair Hardemon: For the vehicles that travel through, if they're coming south on Biscayne, that travel through this boomerang, if you may, they don't necessarily stop in the middle of the street to drop their kids off. There's a lot that they actually pull into where they can park their cars and allow their children to get out and things of that nature; is that correct?

Mr. Fernandez: Yes, sir.

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Vice Chair Hardemon: I don't have any other questions. I don't have any other questions.

Chair Gort: Anyone else?

Vice Chair Hardemon: Do you have any questions?

Chair Gort: Questions?

Commissioner Carollo: No. I yield to the Commissioner.

Vice Chair Hardemon: I know. Mr. Chairman.

Chair Gort: I will have to tell you, I know it's a difficult decision.

Vice Chair Hardemon: Yes.

Chair Gort: But at the same time, I can see all the properties surrounding the street is not being utilized by the public. Maybe somebody might want to walk through it, but I can see the safety on it. I can see the -- many of the streets today, they're in front of the schools, the public school, we do close the streets, 'cause in my neighborhood, they do close the street so -- to allow only certain pedestrian individuals. Now they have it because all the things that's happened in the past, we have security guard just about in every school. And then just a ridiculous question: Sometimes cul-de-sac ends within a certain neighborhood when you have owners on both side of the street, can you purchase that street from the City of Miami? Yes, sir.

Mr. Garcia: I'd like to ask -- thank you, Mr. Chair. I'd like to ask -- I'm sorry, add a couple of comments for the record, because this is certainly not the first application for vacation or closure of a public right-of-way, nor I imagine will it be the last one, and so I wanted to take a moment to sort of frame this conversation in a broader context and hopefully make sense out of a couple of things that have been said. So under our property rights law -- and I'm not an attorney, so I will defer to the City Attorney's Office if I go astray -- but the preferred status of land is that it be in private hands, privately owned. And in the original platting of the City of Miami when that happened back in time, as subdivisions were being established and development was taking place, some of that privately held land basically was assigned to the City for the City, the municipal government to execute its proper role to be the steward of means of conveyance and other infrastructural needs so that the community could develop. So the public right-of-way in general is under the City's stewardship -- not really ownership -- for as long as the City has -- the municipal government has an appropriate vested interest in managing that right-of-way. I want to say this, because Mr. Cruz brought up an issue, which is brought up often and is valid, which is: Does this set a precedent that we should be wary of? Well, certainly, it sets a precedent. The precedent has been set in the past, and it will continue to be in place. If a particular property owner can make a presentation to the City of Miami that the means of conveyance encompassed or engulfed by their property has ceased to fulfill its public purpose, they have the ability, they have the recourse to come to this body to seek relief, and to have it revert back to their private ownership. Now, in this case, they've gone partway towards that. I say “partway,” because we all agree -- and the covenant captures this -- that there is still a legitimate concern about ease of access for safety purposes -- Fire Rescue, Police, et cetera -- and beyond that, there is a desirability that for historic tours and other pedestrians, et cetera, in the community that there be ready access for it. I think the case has been made -- and we happen to agree, and technically, this is the case -- that these portions of 60th Street and 5th Court no longer serve a valid purpose in terms of serving as a means of conveyance for private drivers in the area. It tends to worsen -- not improve -- the traffic flow in the area. To the extent that there is a vested interest still in having emergency access, that is being provided. To the extent that free passage through the road for historic purposes is desirable, that, too, has been provided for.

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So in the balance -- and it is a balancing act that we have to both recommend to you and you have to opine on -- our professional opinion is that it is advisable for this land, the right-of-way to revert back to private property status, and the City to retain some of the limited rights that have been set forth in the covenant. It is for that reason that we're recommending approval, sir.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Thank you. Yes, sir.

Vice Chair Hardemon: May I -- I guess it's no secret that I have my reservations. However, I will say that I am not a member of the Planning & Zoning Department; I am not a member of Public Works Department; I am not a member of the Plat & Street Committee. And when I consider what each of those entities have rendered an opinion on, I take them seriously, and I value those opinions, because I believe that that is what they are tasked to do. I understand my struggle with this, and I also look to my fellow Commissioners for their experience, and I appreciate the experience that they have had. I don't like the idea of slippery slopes. I don't like the idea of the giving away, if you may, of public streets for private purposes, especially where it's in a community where the land was -- could have been and maybe still is, in some ways, so cheap to really aggregate together. However, I will -- I think in my best mind -- accept the approvals of those associations, those organizations, those groups that I spoke of earlier, and in doing so, no longer belabor this conversation. I move this item for approval.

Chair Gort: It's been moved. Is there a second?

Commissioner Sarnoff: Second.

Chair Gort: Second by Commissioner Sarnoff; any further discussion? It's an ordinance.

Mr. Garcia: If I may, as proposed, accepting the covenant; is that correct, sir?

Vice Chair Hardemon: That is correct.

Mr. Garcia: Thank you, sir.

Todd B. Hannon (City Clerk): Chair, it's just a resolution.

Chair Gort: Oh, I'm sorry. It's a resolution. I'm reading over it. Okay, all in favor, state it by saying “aye.”

Mr. Hannon: As modified.

Mr. Fernandez: Thank you.

Chair Gort: As modified.

Mr. Fernandez: Commissioner, thank you on behalf of the school and the associations. Thank you very much.

PZ.2 ORDINANCE First Reading 11-00380ap2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, AN AMENDMENT TO THE PREVIOUSLY-APPROVED "BRICKELL CITY CENTRE" SPECIAL AREA PLAN ("BCC SAP") PURSUANT TO ARTICLE 3, SECTION 3.9 AND ARTICLE 7, SECTION 7.1.2.8 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF

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THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES GENERALLY LOCATED IN THE EASTERN PORTION OF THE BLOCK BOUNDED BY SOUTHEAST 7TH STREET ON THE NORTH, SOUTHEAST 8TH STREET ON THE SOUTH, THE 8TH STREET METRO MOVER STATION RIGHT-OF-WAY ON THE WEST, AND BRICKELL AVENUE ON THE EAST, MIAMI, FLORIDA; MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A"; THE ADDITIONAL EASTERN PORTION OF THE BLOCK COMBINES WITH THE ORIGINALLY-APPROVED "BCC PLAZA" TO CREATE THE "ONE BCC" BLOCK; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 67,620 SQUARE FEET (1.55 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 503,948 SQUARE FEET (11.57 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 58,307 SQUARE FEET FOR A TOTAL OF 723,575 SQUARE FEET; C) INCREASING THE OFFICE SPACE BY 36,333 SQUARE FEET FOR A TOTAL OF 961,400 SQUARE FEET; D) INCREASING THE RESIDENTIAL COMPONENT BY 256 UNITS FOR A TOTAL OF 1,400 UNITS; E) INCREASING HOTEL KEYS BY 120 FOR A TOTAL OF 385 KEYS; AND F) INCREASING THE PARKING SPACES ABOVE GROUND AND BELOW GRADE BY 308 SPACES FOR A TOTAL OF 5,057 SPACES. THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 9,071,064 SQUARE FEET OF FLOOR AREA OR LESS THAN 25,197 SQUARE FEET OF CIVIC SPACE OR NOT LESS THAN 50,395 SQUARE FEET OF OPEN SPACE; FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE ADDITIONAL SELECTED PROPERTY FROM "T6-48A-O" URBAN CORE ZONE AND "T6-48B-O" URBAN CORE ZONE TO "T6-48B-O" URBAN CORE ZONE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00380ap2 CC 02-27-14 FR BCC SAP Binder.pdf 11-00380ap2 CC 03-27-14 SR Fact Sheet.pdf 11-00380ap2 Analysis, Maps, Sch. Brd. Conc., PZAB Reso.pdf 11-00380ap2 CC Legislation (Version 3).pdf 11-00380ap2 Exhibit A.pdf 11-00380ap2 Exhibit B.pdf 11-00380ap2 CC 03-27-14 SR Exhibit C.pdf 11-00380ap2 Exhibit D.pdf 11-00380ap2 Exhibit E.pdf

LOCATION: Generally Located in the Eastern Portion of the Block Bounded by SE 7th Street on the North, SE 8th Street on the South, the 8th Street Metro Mover Right-of Way to the West, and Brickell Avenue on the East [Commissioner Marc David Sarnoff - District 2]

APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell City Centre Project LLC, and Johnny Martinez, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with

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conditions* on to City Commission on January 15, 2014 by a vote of 9-0. *See supporting documentation.

PURPOSE: This will allow a second amendment to the Brickell City Centre Special Area Plan to add certain lands and authorize construction of a mixed-use building.

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ.2

Francisco Garcia (Director, Planning & Zoning): Items PZ.2 and 3 are companion items. These are related to the Brickell City Centre, second amendment of their Special Area Plan. This is before you on first reading, and Item PZ.3 is actually the development agreement for your consideration, as well. This is once again an extension of the Brickell City Centre Project. In this particular instance, the proposal is to expand their ownership, which thus far fell short of Brickell Avenue by about half a block, and so the frontage along Brickell Avenue on the western side of Brickell Avenue, between 7th Street and 8th Street, will now be incorporated into the Brickell City Centre Project. We have reviewed this item carefully. I know that the applicants have an elaborate presentation they would like to make. I will sum up by saying that we are recommending approval, as is the Planning, Zoning & Appeal Board unanimously, for your consideration. I'll answer any questions you may have. Thank you.

Later…

Chair Gort: Okay, PZ.2 and 3.

Neisen Kasdin: Mr. Chair.

Chair Gort: Yes.

Mr. Kasdin: Would you like me to present?

Chair Gort: Yes, go right ahead, yeah.

Mr. Kasdin: Okay. Neisen Kasdin and Spencer Crowley. Shall I continue, Mr. Chair?

Chair Gort: Go ahead, continue.

Mr. Kasdin: Okay, thank you. Neisen Kasdin and Spencer Crowley, Akerman, LLP [sic] (Limited Liability Partnership), representing Swire Properties. Also with us this afternoon is Steve Owens, who is the president of Swire Properties; and Chris Gandolfo, senior vice president; as well as Bernardo Fort-Brescia, the architect for this project.

Chair Gort: Go ahead, go ahead; continue.

Mr. Kasdin: Okay. You are very familiar, of course, with Brickell City Centre, having come to you before for the approval of the original Special Area Plan and an amendment to the Special Area Plan. And we're now before you for the third amendment.

Chair Gort: Let's take a five-minute break.

Mr. Kasdin: Okay.

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Chair Gort: Let's take a ten-minute break; 3:05, okay?

Later…

Chair Gort: PZ.2; continue with your presentation.

Mr. Kasdin: Mr. Chair, ready?

Chair Gort: Yes.

Mr. Kasdin: Okay, as I was saying, Neisen Kasdin and Spencer Crowley, Akerman, LLP [sic], representing Swire Properties. We are here on PZ.2 and 3, which is the approval of the amendment to the SAP (Special Area Plan) for One Brickell City Centre and the development agreement amendments, as well. With us today as well, just to repeat, is Steve Owens, who is the president of Swire Properties who's overseeing the development of Brickell Key and Brickell City Centre; and Chris Gandolfo, senior vice president of development; as well as Bernardo Fort-Brescia of Arquitectonica, the project architect and other members of the team. I think you're very familiar with Brickell City Centre, so I'll try to make this presentation brief, and at any point that you are ready to move on, you can just let me know.

Victoria Méndez (City Attorney): Mr. Kasdin, for the record, for these two items, you'll give the presentation for both items?

Mr. Kasdin: Yes.

Ms. Méndez: Okay, thank you.

Mr. Kasdin: Yes. You probably saw in this morning's Herald an image of One Brickell City Centre, which will be -- and I will say, although Steve Owens criticizes me probably for saying things like this -- probably the most important building built in Miami. It is going to be the -- at the most important intersection of Brickell Avenue and will be the capstone of the Brickell City Centre Project. It is going to be like significant mixed use buildings in other great world cities, such as these that you see in Chicago, the Willis Tower and the Hancock Centre, the Trump Building. This is One Brickell City Centre. You're very familiar, of course, with its location. It's at the intersection of Brickell Avenue and Southwest 8th Street and 7th Street; arguably the heart of and the center of the Brickell District, and the most prominent location. Currently, the former Northern Trust Building is on this site, and that was also the site of where Miami Today's offices were located. It will be replaced by One Brickell City Centre, which will be the anchor and center of the Brickell Avenue community, and connect Brickell Avenue and the areas east of Brickell Avenue with the entire over 11-acre Brickell City Centre Project. Some time ago, the City Commission -- approximately two years ago, the City Commission approved the first Special Area Plan for Brickell City Centre -- you see that before you -- which included a future phase, which was half of the block on which One Brickell City Centre now sits, the -- where the old Eastern National Bank Building is. You subsequently approved an expansion north for North Square, as we call it, the second phase of Brickell City Centre. And now, of course, before you is One Brickell City Centre, which is the key building in the entire project. I'm sure all of you are very familiar with the progress that has been made in the construction of Brickell City Centre. I think it is probably safe to say that other than Hudson Yards in New York, it may very well be the largest private construction project in the United States; with Swire investing well over $1 billion today, in the ground, in the City of Miami in this project. It is a transformational project by any measure and will put this city in the league of major world cities, and it's happening as you see it before our eyes. The economic impact of One Brickell City Centre is, in and of itself, staggering. It's $850 million; over 2,300 jobs will be created; tax benefits to the City of Miami will exceed $5 million; and the cumulative economic impact of Brickell City Centre to the City of Miami will

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exceed $1.6 billion. And so this project, by any measure, is of monumental importance to the City of Miami. The track record of Swire Properties is second to none. You've seen what they've done on Brickell Key; you see what they're doing now with the rest of Brickell City Centre, and we look forward to your adoption of this project, as well. At this time, what I'd like to do is introduce Bernardo Fort-Brescia, the project architect. He can, if you'd like, go through it. You have those materials in your package, and so if you'd like to skip that presentation, you can do that, as well.

Commissioner Sarnoff: Mr. Chair.

Chair Gort: Yes.

Commissioner Sarnoff: I'd like to move this item.

Chair Gort: Okay, it's been moved by Commissioner Sarnoff; is there a second?

Commissioner Carollo: Second for discussion.

Chair Gort: For discussion. I would like for you to go into the changes that you're asking for specifically; the amendments you're making, you're asking for. PZ.2, you're asking for some amendments to the office space, retail space to increase and so on. Could you go through that?

Mr. Kasdin: Yes. Well, we can -- would you like to know the exact program elements that are being proposed?

Commissioner Carollo: Yes.

Mr. Kasdin: Bernardo, if you want to address that.

Bernardo Fort-Brescia: Yes.

Chair Gort: Bernardo, you --

Mr. Fort-Brescia: Yes.

Chair Gort: -- already made presentation to us. What are the changes you're requesting today?

Mr. Fort-Brescia: The project contains three levels of retail on the base of the building. And the most important change that we're making is that we're increasing that retail on the ground floor, because we are relocating the loading areas to a basement. On the original plan, loading was on grade in the back side of the project, but we have now ramps and circulation for trucks below grade leading to the different elevators for the residents, office, hotel and retail. I think that is the most important of the changes which are important, because it liberates a lot of ground floor for more active uses along the sidewalks and the ground floor.

Mr. Kasdin: If I may, Mr. Chair --

Chair Gort: Sure, go right ahead.

Mr. Kasdin: -- to be clear. This is not seeking changes to the existing approvals. This is seeking to incorporate this additional property into the Brickell City Centre Special Area Plan.

Chair Gort: Okay.

Unidentified Speaker: (UNINTELLIGIBLE).

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Mr. Kasdin: And it is -- pardon me. Significantly, there was a component before which would have been a smaller building on the site of what was the Eastern National Bank Building. Instead of doing one -- two builds, two separate buildings, they will now be doing one bigger building that will be combined, which will both increase the amount of office space and, of course, will connect -- of open space, rather -- but will also connect directly to Brickell City Centre. So the change is the inclusion of an additional 1.55 acres into the already-approved Special Area Plan, and the uses as Bernardo has described.

Chair Gort: Thank you.

Mr. Fort-Brescia: The uses in the project include about 65,000 square feet of retail and 675,000 square feet of office. And in addition to that, there's another 700,000 square feet of residential on top of that, and then a 120-room luxury hotel on top of the building with another 286,000 square feet. So there's approximately 1,600 parking spaces in this garage partly below grade, in two levels below grade, and partly above grade behind the building, hidden by the retail that I mentioned earlier; probably gives you a general overview of what the project represents. There are also about 33,000 square feet of plazas and civic spaces on the property.

Chair Gort: Thank you, sir. Okay, any further discussion?

Lucita Moran: Hi. Excuse me. I would just like to interject as a native Miamian that's been here since '42 --

Chair Gort: Excuse me --

Ms. Moran: I know I have no permission, I'll just --

Chair Gort: Excuse me, no, no.

Commissioner Carollo: Name and address.

Chair Gort: No, name and address.

Ms. Moran: The traffic jam --

Chair Gort: Name and address.

Commissioner Carollo: Name and address.

Ms. Moran: Name and address: Lucita Moran from the Roads Association.

Commissioner Carollo: Address.

Ms. Moran: 520 Southwest --

Commissioner Carollo: Twenty-Third.

Ms. Moran: -- 23rd Road; ZIP (Zone Improvement Plan) Code 33129. I've been here since '42. What these gentlemen propose, the traffic will be incredible. What is the benefit in having so many buildings, so many skyscrapers? We're water level. They're going to go, they say, in a basement situation. You know the water level in Miami. I live in the Roads. I do a lot on Brickell. This is preposterous, I mean, for normal living; for the traffic situation; for the storage that this is going to cost. This is great for high-end people, you know, to cater to them, but what are the ramifications of this in the long run? You know about climate changing. You know that

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the water levels are rising; not maybe and really in my lifetime, but some of you others.

Chair Gort: Thank you. I'm sorry, I have to --

Ms. Moran: I know I'm out of line, and I --

Chair Gort: Excuse me. Let me explain.

Ms. Moran: -- apologize.

Chair Gort: Let me explain; let me explain it to you.

Ms. Moran: Mm-hmm.

Chair Gort: They make their presentation; after they make their presentation, we open the public hearing, and anyone in the public is welcome to come and make a statement and questions.

Ms. Moran: Well, I feel --

Chair Gort: Thank you.

Ms. Moran: -- out of line and I apologize.

Chair Gort: That's all right. I've known you for a long time, so --

Ms. Moran: I know.

Chair Gort: -- I'm used to it.

Ms. Moran: Okay.

Chair Gort: Go ahead.

Mr. Kasdin: Okay. I just would briefly respond for the record, no project has been more thoughtful about actually handling and reducing traffic than this project. There was previously approved for a substantial portion of the site a MUSP (Major Use Special Permit), which actually had multiple entrances and exits onto Southwest 8th Street and Southwest 7th Street; required traffic that was entering it to be routed to Brickell Avenue in order to come back out west. This project -- and you have seen it, the earlier iterations of it -- has four blocks of underground parking and circulation. This, as well, this addition, One Brickell City Centre, also has internal circulation to the property. So all the property -- all the people coming from the west along 8th Street will be able to enter into the project without going onto Brickell Avenue. And all those people going west on 7th Street will not have to go onto Brickell Avenue, but will be able to go onto 7th Street or other streets, actually. And so this project actually handles traffic internally and circulation better than probably any project. And in part, it's because of the scale and scope of this, so that you don't have a number of separate buildings not interrelated, dropping their traffic out onto the same street with no internal circulation. So the end result is that this project actually has no adverse impact on traffic and circulation. It is the best development that you could have in terms of containing those impacts.

Chair Gort: Thank you.

Commissioner Carollo: Mr. Chairman.

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Chair Gort: Yes, sir.

Commissioner Carollo: Thank you. I hear what you're saying, Mr. Kasdin, and I have to admit it sounds good. But at the same time, I mean, I drive Brickell pretty much every day, and the traffic is getting worse and worse. I'm -- actually, I do agree -- and I apologize, I forgot her name -- I do know ironically, enough. I guess -- I'm an accountant -- I do understand the numbers. So I know she lives on 5th Avenue and 23rd Road, and I recently worked with her against cutting banyan trees and stuff like that, so but I agree with her. And I do have the concern -- and by the way, it's not just me speaking; I can tell you -- I've been out there -- the business community has a grave concern with the infrastructure in Brickell, downtown Miami, and I just see that. And by -- and I'm saying this, also saying that by no mean am I against progress, especially in the Brickell downtown area. But there is a concern, because I don't see the infrastructure being placed there, and I see more high-rises and more high-rises, and even though -- again as an accountant -- I welcome some of this, because I know it's going to be additional revenues to the City of Miami, I think we need to start addressing more and more the infrastructure problem.

Ms. Kasdin: Commissioner, if I may respond briefly. This is a --

Commissioner Carollo: Sure.

Mr. Kasdin: -- obviously, it's a good concern, or valid concern, and no one has spent more time thinking about it than Steve Owens, the head of Swire Properties, who also continues to have major interests on Brickell Key, itself --

Commissioner Carollo: Right.

Mr. Kasdin: -- which enters out onto Brickell Avenue. And Greg Kyle from Kimley-Horn is here, and he can walk you through the traffic and how it is being handled. And when I say that it is being handled better than any major project, we can easily demonstrate that, because of the extensive underground circulation which disperses traffic onto other City streets without having to put it on Brickell Avenue. But just to point out one particular example, before Swire acquired the Northern Trust and Miami Today properties, another developer could have come on that site and put a separate building on that site. That would have resulted inevitably in whatever traffic was going to and from that building of having to enter or exit on, or transverse Brickell Avenue in order to go east or west. By incorporating this into Brickell City Centre and not being a stand-alone project, what they do -- they have the ability to do is to have an improved traffic circulation pattern, as well, which again keeps traffic off of Brickell Avenue. So by all measures, in terms of the -- and no one has gone to more extraordinary lengths than Swire. They are having -- not only are they taking the traffic off the streets, but the loading is completely internalized. It's actually underground, so you won't even be able to see the loading docks. I mean, they're going to extraordinary expense in order to make this project self-contained, both aesthetically and from impact. If you'd like, Mr. Kyle can take you through the traffic, and you'll see how intelligently it's being handled.

Commissioner Sarnoff: Well before -- can I say something, Mr. Chair?

Chair Gort: Sure, go right ahead.

Commissioner Sarnoff: So, Commissioner Carollo, I know you know Brickell City Centre. I know you know the extravagance that they've gone to, to underground. I know you know that they have two levels that are dedicated simply to the movement of traffic underneath six City blocks. And think about it; if they didn't buy all that land, we would have had unattached, un -- or non-interrelated buildings that would have had back of the houses; that would have had people driving to and fro. The concern you have with infrastructure -- and I know you know this

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-- is -- and I'm not trying to pawn this off on someone, but I think it's worth putting on the record; also putting on the record on March 5th, we're going to have a developers conference and we're going to ask the County to address this -- as you know, the person that takes impact fees, the entity that takes impact fees is the County. And the County impact fees for traffic or for transportation -- I think you know the district -- looks like it goes from here east and it just about makes it out to Doral, and I think if you've done the analysis that we've done, the money gets spent on the east -- I'm sorry -- the money gets revenued and accumulated on the east, and it gets spent in the west. So what we need to do is hold the County accountable to start improving the infrastructure that they have around there. And as you know, Swire has taken over like the entire -- I believe it's the 8th Street People Mover/Metrorail Station, and they're incorporating that into their actual project. So from a private developer standpoint, you couldn't have an entity doing more with their own private dollars, including the enhancement of a County function, which is the movement of the people by the Metromover/Metrorail, and from a public standpoint, it's incumbent upon you and I -- and especially you, too, because you think about Brickell West -- it's incumbent upon us to demand of the County, “What is your 18-month plan for traffic? What is your 36-month plan for traffic? What is your 54-month plan for traffic? What is your 67-month plan for traffic? We in the City of Miami are putting the taxable base that you need, County, to sustain your budget, but you're not spending the requisite amounts to help us move in a mass transit type format.” And as you know, we're not going to car our way through traffic on Brickell. We're going to move ourselves, you and I, through our shoe leather, getting to a station that we're reasonably comfortable to, and either going to the downtown section, wherever we're going, and inevitably, we're going to ring this City, I suspect, with parking garages that don't force us to go into the inter-City, but allows the People Mover, or whatever mode of transit they come up with, to allow us to move back and forth. For instance, myself, I'm at Miami Center. I go to court, I'm on the People Mover -- you know -- bags in hand, all the way across, straight there. It's just -- and I remember the first time I did it, it was like, “How weird is this?” And now, it's weird not to do that. We need to give that opportunity to everyone on Brickell. And I think Commissioner Barreiro has a plan; I think he does. But it's time for them to announce -- and I'm not trying to take too much of your space, but it's time for them to announce, “In 18 months, we're going to do this.” Maybe it's nothing. “In 36 months, we're going to do this.” And again, maybe it's nothing. “In 54 months, we're going to do this.” Hopefully, it's something.

Chair Gort: Thank you.

Commissioner Carollo: Mr. Chairman. You know, I'm actually very glad to hear you say that, because, as most people know, we can't discuss items like this outside of the sunshine, and ironically enough, we're on the same page. We're definitely on the same page, and that's exactly my point. I'm not talking about the next year or two. I'm looking at the vision, the future, and I'm just seeing more high-rises going up in that area, and, you know, you're correct. It's not even necessarily just the City. It's not even necessarily another municipality, like Miami Beach, realistically, 'cause we could piecemeal here, we could piecemeal there, but the bottom line is, this is bigger than just one municipality. And I do believe, and that's where I was heading, and more and more, you're going to see me be vocal about it, yes, we need to partner up. And the County needs to start stepping up, because it's happening, it's happening. The gridlock is happening more and more. There's more building coming in the near future, and the truth of the matter is, you know, that's progress. You know, that's more revenues to the City; you know, more people wanting to move here to the City of Miami. I mean, it's really -- it's no secret, the City of Miami is sexy. People want to come here; they want to live here; they want to play here. So actually, like I said, we are on the same page. And I just want to make sure that I do my fiduciary duty and start pushing it along, and at the very least, start ringing the bell that if it hasn't been rung yet, we need to start really addressing infrastructure, and within infrastructure, especially mass transit, which is really the County. So I believe we're on the same page, Commissioner Sarnoff.

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Commissioner Sarnoff: And I just hope you come -- it's March 5; it's at the architects -- it's 100 Northeast 1st Avenue. It's the architects -- I forget the name of the -- it's the old bank building, but it's not the AIA Building. I -- actually, it'll be my first time going there. I shouldn't admit that. I should have said I've been there many times. But I hope all the Commissioners come, because we're inviting the County to explain to us exactly what I just said, because the developers themselves are paying all these impact fees, as you know, and they're just wondering where do their impact fees go? And what is the strategy, what is the plan, what is the intention?

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Yes, go ahead.

Vice Chair Hardemon: With the expectation that maybe more than one of us will go to this actual meeting, Mr. Clerk, can you actually put out some type of notice to say that we'll be there?

Todd B. Hannon (City Clerk): If two or more Commissioners are going to attend, certainly; I just need the information.

Vice Chair Hardemon: Right. We don't know -- and I guess Commissioner Sarnoff will be able to provide you the information.

Commissioner Sarnoff: I'll send it to you.

Mr. Hannon: Yes, sir.

Vice Chair Hardemon: But just in case, I don't want any shenanigans.

Chair Gort: Make it public.

Commissioner Carollo: Do you know the time, Commissioner Sarnoff?

Commissioner Sarnoff: Yeah, I do; it's 4 o'clock; I think it goes from 4 to 6.

Vice Chair Hardemon: Okay.

Commissioner Sarnoff: And I think the agenda, candidly, gentlemen, is: Number one, what is the County's intentions on traffic? Number two is, is the density and the intensity of T5, and it has to do with parking, too. And as you know, parking -- you may want to yield some parking to allow better mass transit. So as I said to you a moment ago, Commissioner, we're not going to drive our way through this; you and I both know that. The only way to get through this is to mass transit our way through this.

Chair Gort: I'm not a transportation expert, but I can tell you, the first thing the County can do is start synchronizing the lights at the streets. Once you get synchronized, you can have the flow of traffic rolling a lot better, and that's one of the biggest problems we have. My understanding is they need new computers, I've been hearing for so long now. There's certain streets that we have within the City of Miami with the lights green in one side maybe for one minute, and the other side is up to three minutes, and traffic backs up quite a bit. At the same time, you got to look at the -- analyze the corridors of the streets. You might have to change into one-way streets to make traffic flow a lot better. I mean, those are the simple things they can start right away. But rapid transit we do need it, because we continue to grow, and I hope we all can be there at the meeting. Any further discussion? Any further discussion?

Vice Chair Hardemon: I do have one question.

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Chair Gort: Okay.

Vice Chair Hardemon: In the agreement -- I'm talking about PZ.2 -- on page 5 of 6, under the conditions, I don't -- I'm sorry, I referred to it as “the agreement.” The Analysis Amendment to a Previously Approved Special Area Plan, that document -- are you with me?

Mr. Kasdin: Which one are you looking at, Commissioner?

Vice Chair Hardemon: It's called Analysis Amendment to a Previously Approved Special Area Plan for Brickell --

Mr. Kasdin: Yeah.

Vice Chair Hardemon: -- Centre Century [sic]. You see that?

Mr. Kasdin: Yes.

Vice Chair Hardemon: Okay, on page 5 of 6, there is a -- Number 5.

Mr. Kasdin: Yes.

Vice Chair Hardemon: It mentions the complying with the minority participation and employment plan, that subsection which talks about including a contractor or subcontractor participation plan submitted to the City as part of the application for development approval with the understanding that the applicant must use his best efforts to follow the provisions of the City 's Minority/Women Business Affairs & Procurement Program as (UNINTELLIGIBLE) is applicable. I was wondering what the progress was with this plan, where we are with it, and if you could -- I mean, it's not something that you may not be -- you may not be prepared to give me the information about that now, but I'm letting you know that I -- in about 30 days, I'm hoping to have something from you that talks about where you are with the progress of this type of -- this plan.

Mr. Kasdin: Thank you, Commissioner. We'll certainly provide you a report on that within the 30 days.

Vice Chair Hardemon: Thank you.

Chair Gort: Thank you. At this time we'll open the public hearing; anyone that would like to speak at this -- on this item, PZ.2, PZ.3, anyone in the public would like to speak? Showing none, seeing none, close the public hearings [sic]. Any further discussions among Board Members? Being none, it's a ordinance.

Ms. Méndez: For PZ.2.

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

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

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

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

PZ.3 ORDINANCE First Reading 11-00541da1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH

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ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO A PREVIOUSLY-APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES TO THE PREVIOUSLY-APPROVED BRICKELL CITYCENTRE SPECIAL AREA PLAN ("BCC SAP"), TO EXPAND THE BOUNDARIES TO APPROXIMATELY SOUTHEAST 5TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH, BRICKELL AVENUE TO THE EAST, AND SOUTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 500 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 18; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 1,049 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR THE FIRST AND SECOND AMENDMENT PROPERTIES, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00541da1 CC 03-27-14 SR Fact Sheet.pdf 11-00541da1 CC Legislation (Version 2).pdf 11-00541da1 CC 03-27-14 SR Exhibit A (Development Agreement).pdf

LOCATION: Approximately SE 5th Street to the North, 8th Street to the South, Brickell Avenue to the East, and SW 1st Avenue to the West [Commissioner Marc David Sarnoff - District 2]

APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval.

PURPOSE: This will allow the second amendment to the development agreement of the previously-approved Brickell City Centre Development Agreement.

Motion by Commissioner Sarnoff, 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

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Chair Gort: PZ.3.

Victoria Méndez (City Attorney): Now, for PZ.3, I just wanted to mention that there's an amendment in Section 5, page 3 of 3, on the third line where it says: “The City Commission hereby amends Chapter 17 of the City Code by waiving or modifying.” We are deleting “waiving or,” so it should just say, “amends Chapter 17 of the City Code by modifying.”

Chair Gort: Modifying, okay.

Ms. Méndez: An ordinance of the Miami City Commission, with attachments, approving --

Commissioner Sarnoff: Does he need a motion?

Chair Gort: We need a motion.

Commissioner Sarnoff: So move, Mr. Chair.

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

Vice Chair Hardemon: Second.

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo; any further discussion? Being none --

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

Todd B. Hannon (City Clerk): Roll call on item PZ.3. Vice Chair Hardemon?

Francisco Garcia (Director, Planning & Zoning): I'm sorry, before you vote, I'm sorry to interject, but I think it would be appropriate to add as a condition to this particular motion the report within 30 days provided or required by Commissioner Hardemon and discussed by the Commission; is that correct?

Vice Chair Hardemon: Thank you.

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

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

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

Mr. Kasdin: Thank you.

PZ.4 ORDINANCE Second Reading 13-00817lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY

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RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00817lu CC 02-27-14 SR Fact Sheet.pdf 13-00817lu Analysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00817lu Application & Supporting Documents.pdf 13-00817lu CC Legislation (Version 2).pdf 13-00817lu Exhibit A.pdf

LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3]

APPLICANT(S): Otto C. Munoz, Owner

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-00817zc.

PURPOSE: This will change the above property from "Single-Family Residential" to "Duplex Residential".

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Chair Gort: PZ.4.

Francisco Garcia (Director, Planning & Zoning): Items PZ.4 and PZ.5 are companion items. They are respectively for a land use amendment and a zoning amendment for a property located at 469 Northwest 23rd Place, and if approved today on second reading, the result would be that the subject parcel would change from single-family residential to duplex residential. This application is being recommended for approval by the Planning & Zoning Department, and was recommended also for approval by the Planning, Zoning & Appeals Board by a vote of 10 to zero. I'll answer any questions you may have.

Chair Gort: The PZ.4, PZ.5, do you have any discussions; any motions?

Commissioner Carollo: Move it.

Chair Gort: It's been moved by Commissioner --

Commissioner Sarnoff: Second.

Chair Gort: -- Carollo and second by Commissioner -- I'm not in good shape today -- Sarnoff, and this is a public hearing.

Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Mr. Chairman, I have a question for City staff and/or the City Attorney. Regarding the proposed legislation that was posted online, in Section 3, it says: “It is found that this comprehensive plan designation change involves the use

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of 10 acres or fewer and is necessary due to changed or changing conditions.” My question is how -- what are those changed or changing conditions, and how is it that they make this comp plan change necessary?

Mr. Garcia: The condition that applies here is the fact that this particular property is surrounded by property presently zoned T3-O, and increasingly, that circumstance, the zoning that exists has been -- availed property owners in the area to begin to develop additional duplexes, so there were once more single-family residences within the T3-O zone. There are presently more duplexes within the T3-O zone. As a result, what was basically an anomaly within this well zoned T3-O area or duplex area, and the anomaly being the subject parcel, which is T3-R or single-family residential is now to some extent burdened by the surrounding duplex-predominant pattern of development. It makes sense then in terms of keeping zoning lines coherent to allow for this particular parcel to be rezoned to T3-O. In doing so, in doing so, this will now be able to be developed as a duplex, which is fronted by and abutted by other duplexes, and the single-family residential zoning line will be squared off.

Mr. Cruz: So it is your position that it makes sense to have duplex abut duplex in the front because they're the same zoning, correct?

Mr. Garcia: That is a preferred condition; that is correct.

Mr. Cruz: A preferred condition to have the same zoning abut front to front.

Chair Gort: I'd appreciate it if you go through the Chair.

Mr. Cruz: Oh, I'm sorry, sir. Okay.

Chair Gort: Any other question?

Mr. Cruz: I just wanted to make sure that that was clarified. Thank you.

Chair Gort: Thank you. Anyone else would like to speak? Being none, showing no, close the public hearings. Any discussion? All in -- second reading.

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

Todd B. Hannon (City Clerk): Roll call on item PZ.4.

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

Mr. Hannon: The ordinance passes on second reading, 4-0.

Chair Gort: Thank you.

PZ.5 ORDINANCE Second Reading 13-00817zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB-URBAN ZONE TO "T3-O" SUB-URBAN ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

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13-00817zc CC 02-27-14 SR Fact Sheet.pdf 13-00817zc Analysis, Maps & PZAB Reso.pdf 13-00817zc Application & Supporting Documents.pdf 13-00817zc CC 11-21-13 Legislation (Version 2).pdf 13-00817zc Exhibit A.pdf

LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3]

APPLICANT(S): Otto C. Munoz, Owner

PURPOSE: This will change the above property from "T3-R" to "T3-O". Item does not include a covenant.

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Chair Gort: PZ.5.

Commissioner Carollo: Move it.

Chair Gort: It's been moved by Commissioner --

Commissioner Carollo: You know what? If the director of Planning & Zoning could present this.

Francisco Garcia (Director, Planning & Zoning): Yes, thank you, sir. I'll present briefly. Item PZ (Planning & Zoning) -- I'm sorry -- PZ.8, I believe we are at. I'm sorry, PZ.5. No, PZ.5 is a companion item to PZ.4. So before (UNINTELLIGIBLE) presented -- the Commission did together.

Chair Gort: Okay. There's a motion by Commissioner Carollo; is there a second?

Commissioner Sarnoff: Second.

Chair Gort: Second by Commissioner Sarnoff. Anyone in the public would like to address PZ.5? Showing none, seeing none; any further discussion? Being none, all in favor, state it by saying “aye.”

Todd B. Hannon (City Clerk): Chair.

Chair Gort: Yeah.

Mr. Hannon: It's a second --

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Chair Gort: Oh, it's a zoning -- I mean ordinance.

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

Mr. Hannon: Roll call on item PZ.5.

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

Mr. Hannon: The ordinance passes on second reading, 4-0.

Chair Gort: Thank you.

PZ.6 ORDINANCE Second Reading 13-00867lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2700 NORTHWEST 2ND AVENUE AND 235 NORTHWEST 27TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL AND LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00867lu CC 02-27-14 SR Fact Sheet.pdf 13-00867lu Analysis.pdf 13-00867lu Color Maps & School Board Concurrency.pdf 13-00867lu PZAB Reso.pdf 13-00867lu Application & Supporting Documents.pdf 13-00867lu CC Legislation (Version 3).pdf 13-00867lu Exhibit A.pdf

LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 6, 2013 by a vote of 11-0. See companion File ID 13-00867zc.

PURPOSE: This will change the above properties from "Medium Density Restricted Commercial and Light Industrial" to "General Commercial".

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Chair Gort: PZ.6.

Francisco Garcia (Director, Planning & Zoning): Items PZ.6 and PZ.7 are also companion items. These are for a proposed land use change and zoning change before you today as a second reading item. They are for properties at 2700 Northwest 2nd Avenue and 235 Northwest 27th Street. And the proposed change is from T5-O and D1 -- these parcels have a mixed zoning -- to a unified zoning of T6-8-O. There is a covenant that has been proffered, and subject to the proffering of that covenant, which restricts the height of the development in these -- protected for these parcels to eight stories and no more -- we are recommending approval as the Planning, Zoning & Appeals Board recommended approval, 11 to nothing. That's all I have by way of presentation. I'll answer any questions you may have.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Thank you. Yes, you're recognized, Vice Chairman.

Vice Chair Hardemon: I move that we approve it and also consider them as coupled items together.

Chair Gort: There's been a motion to approve; is there a second?

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo. Open to the public; anyone in the public would like to address this? Showing none, seeing none, discussion. Yes, sir.

Mr. Garcia: Briefly, for clarification. Thank you, sir. Briefly, for clarification, the covenant applies to the second item, PZ.7. They've both been presented jointly.

Chair Gort: Okay, 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 PZ.6.

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

Mr. Hannon: The ordinance passes on second reading, 4-0.

Chair Gort: Thank you.

PZ.7 ORDINANCE Second Reading 13-00867zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER ZONE-OPEN AND "D1" DISTRICT ZONE TO "T6-8-O" URBAN CORE ZONE-OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2700 NORTHWEST 2ND AVENUE AND 235 NORTHWEST 27TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

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13-00867zc CC 02-27-14 SR Fact Sheet.pdf 13-00867zc Analysis, Maps & PZAB Reso.pdf 13-00867zc Application & Supporting Docs.pdf 13-00867zc CC Legislation (Version 4).pdf 13-00867zc Exhibit A.pdf

LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC

PURPOSE: This will change the above properties from "T5-O" and "D1" to "T6-8-O". Item includes a covenant.

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Chair Gort: PZ.7.

Victoria Méndez (City Attorney): The public hearing was opened for both items. An ordinance of the Miami City Commission with attachments --

Todd B. Hannon (City Clerk): We do need a motion.

Chair Gort: We need a motion.

Commissioner Sarnoff: So move. I'm sorry.

Vice Chair Hardemon: So move.

Commissioner Carollo: Second.

Commissioner Sarnoff: Sorry.

Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. Go ahead.

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

Mr. Hannon: Roll call on item PZ.7.

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

Mr. Hannon: The ordinance passes on second reading, 4-0.

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Chair Gort: Thank you.

PZ.8 ORDINANCE Second Reading 11-00144zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO INCREASE THE NUMBER OF ESTABLISHMENTS PERMITTED IN THE WYNWOOD CAFE DISTRICT, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM 25 TO 30; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

11-00144zt CC 02-27-14 SR Fact Sheet.pdf 11-00144zt Color Maps.pdf 11-00144zt CC FR Legislation (Version 1).pdf 11-00144zt Exhibit A.pdf

LOCATION: Wynwood Café District [Commissioner Marc David Sarnoff - District 2 and Keon Hardemon - Commissioner District 5]

APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami

FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval.

PURPOSE: This will increase the number of alcoholic beverage establishments permitted within the Wynwood Café District from 25 to 40.

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Chair Gort: Second reading, PZ.8.

Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.8 is an ordinance amending the City Code to expand the number of alcoholic beverage licenses available in the Wynwood Café District. It is before you on second reading as stated by the Chairman. I have a couple of brief comments that I'd like to make; first, a clarification. In the backup material -- and this has led to some confusion, so I thought I'd put it on the record -- you have graphics that show a solid lined boundary and a dashed lined boundary, and some have mistaken that to mean that a subject of today's hearing is the expansion of the boundaries of the Café District. That is not the case. That is simply to show that the district was formerly expanded, and to make a point that that expansion, the previous expansion of the district, which has already taken place, did not -- was not accompanied by an expansion of the number of alcoholic beverage licenses that were available. The cap of 25 alcoholic beverage licenses was then left in place and there was no increase. Those 25 original licenses have now all been taken up. There is additional demand; in fact, we have a list presently of three additional applicants that have not been able to obtain

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licenses, because they are not available. Over the last couple of months, we've continued this item because we were under the impression that some of those licenses that had been awarded were not really being used. We have found that that is, in fact, true, so there are three licenses that will now be put back on the tranche, so to speak, because they will be freed up as they don't have a certificate of use. So that will increase the number of licenses available to three. In addition to that, because there is still some demand in the area, we would like to propose to you today that the cap be increased from 25 to 30; not to the 40 that is proposed in the ordinance that you passed on first reading, but only to 30 so that we can take care of some of that additional demand we anticipate, but only incrementally. We can then properly evaluate the proper functioning of these additional licenses and come back to you at such a time that there is additional demand, so long, of course, as we feel that that additional demand is warranted and can be well handled. That's all I have by way of presentation.

Chair Gort: Okay.

Vice Chair Hardemon: Mr. Chairman.

Chair Gort: Thank you. Yes, sir.

Vice Chair Hardemon: I appreciate you entering that modification into the record as you did. Of course, when you look at somewhere like the Wynwood area district (UNINTELLIGIBLE), which is growing, which is an amazing thing; however, when you increase from 25 to 40 of those licenses, the question then becomes: What happens to that area? I mean, is it restaurants? Is it for just simply bars? What type of community is that becoming? Is it somewhere where people are now walking the street to enjoy a nice meal and a glass of wine, or is it a place where they're bar hopping from one place to the next? I think there's a time and place for everything, and in light of the amendment, the way that you expressed it today, I move this item for approval.

Commissioner Sarnoff: Second, as amended.

Chair Gort: Okay. It's an ordinance. It's open to the public. Anyone in the public would like to --?

Joseph Furst: Hello, Joseph Furst, on behalf of the Wynwood Business Improvement District, with offices at 310 Northwest 26th Street. I just want to state for the record we're fully in support of the five additional licenses, and we appreciate the thoughtfulness of the Planning staff in going to five licenses as opposed to the 15. Thank you.

Chair Gort: Thank you. Anyone else? Showing none, the public hearing closing; any further discussion? Being none, do we have a motion?

Vice Chair Hardemon: Properly moved and second.

Todd B. Hannon (City Clerk): I believe Vice Chair Hardemon moved the item, and Commissioner Sarnoff seconded.

Chair Gort: Okay, it's an ordinance.

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

Mr. Hannon: Roll call on item PZ.8.

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

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

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PZ.9 ORDINANCE Second Reading 13-01348zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS", TO MODIFY THE APPLICABILITY CRITERIA TO INCLUDE DEVELOPMENTS THAT PROVIDE MIXED-INCOME IN THE RESIDENTIAL DENSITY INCREASE AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01348zt CC 02-27-14 SR Fact Sheet.pdf 13-01348zt PZAB Reso.pdf 13-01348zt CC Legislation (Version 3).pdf

LOCATION: Citywide

APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami

FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 20, 2013 by a vote of 8-0.

PURPOSE: This will add mixed-income development (both market rate and affordable housing) to the applicability criteria in Section 3.15 so mixed-income development can take advantage of the Affordable Housing Special Benefit Program, which includes relaxations of regulations such as setbacks, height, parking placement and other architectural and design features.

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

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Chair Gort: Okay, PZ.9.

Commissioner Suarez: Thank you, Mr. Chair. And I won't try to steal the Planning director's thunder on this one, but PZ.9 is an ordinance that I worked with the Planning & Zoning Department on, which was essentially a promise that was made to Commissioner Sarnoff when we approved the affordable housing package for a modification to Miami 21, which provides for mixed-income component to the affordable housing package. It passed unanimously, 8 to nothing by Planning & Zoning, and it passed unanimously on first reading by this Commission. And I just simply wanted to reiterate my comments on first reading, and say that I think this is a much-needed piece of legislation for the City of Miami, and that it promotes what I feel was a very laudable goal. Thank you. And I move it.

Chair Gort: It's been moved by Commissioner Suarez. Is there a second?

Commissioner Hardemon: Second.

Chair Gort: Second by Vice Chairman Hardemon. Yes, sir.

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Mr. Garcia: No. Thank you, sir. All I wanted to add for the record is that this particular proposal is, of course, recommended for approval by the Planning & Zoning Department and was heard and recommended for approval unanimously by the Planning, Zoning and Appeals Board. Thank you.

Chair Gort: Thank you. PZ.9. Is anyone in the public would like to address PZ.9? Anyone in the public? Showing none, seeing none, close the public hearings [sic]. Second -- it's an ordinance.

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

Mr. Hannon: Roll call on item PZ.9.

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

Mr. Hannon: The ordinance passes on second reading, 5-0.

PZ.10 ORDINANCE First Reading 13-00865lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00865lu CC 02-27-14 FR Fact Sheet.pdf 13-00865lu Analysis & Color Maps.pdf 13-00865lu PZAB Reso.pdf 13-00865lu FR/SR Application & Supporting Docs.pdf 13-00865lu CC Legislation (Version 3).pdf 13-00865lu Exhibit A.pdf

LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp.

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 5-2. See companion File ID 13-00865zc.

PURPOSE: This will change the above properties from "Medium Density

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Multifamily Residential" to "Medium Density Restricted Commercial".

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

Note for the Record: Item PZ.10 was deferred to the May 22, 2014, Planning and Zoning Commission Meeting.

PZ.11 ORDINANCE First Reading 13-00865zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE-RESTRICTED TO "T4-L" GENERAL URBAN ZONE-LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00865zc CC 02-27-14 FR Fact Sheet.pdf 13-00865zc Analysis & Color Maps.pdf 13-00865zc PZAB Reso.pdf 13-00865zc FR/SR Application & Supporting Docs.pdf 13-00865zc CC Legislation (Version 3).pdf 13-00865zc Exhibit A.pdf

LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp.

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on October 16, 2013 by a vote of 6-1. See companion File ID 13-00865lu. *See supporting documentation.

PURPOSE: This will change the above property from "T4-R" to "T4-L". Item includes a covenant.

Note for the Record: Item PZ.11 was deferred to the May 22, 2014, Planning and Zoning Commission Meeting.

PZ.12 ORDINANCE First Reading 13-00866lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH

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ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00866lu CC 03-27-14 SR Fact Sheet.pdf 13-00866lu Analysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00866lu Application & Supporting Documents.pdf 13-00866lu CC Legislation (Version 2).pdf 13-00866lu Exhibit A.pdf

LOCATION: Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2]

APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 7-3. See companion File ID 13-00866zc.

PURPOSE: This will change the above property from "Single-Family Residential" to "Low Density Restricted Commercial".

Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Chair Gort: PZ.9, second ordinance.

Francisco Garcia (Director, Planning & Zoning): Item PZ.9 was already handled by the Commission, sir.

Chair Gort: Oh, okay.

Mr. Garcia: I believe we're up to PZ.12.

Chair Gort: PZ.12.

Mr. Garcia: Yes, sir. Items PZ.12 and 13 are companion items. These are first reading ordinances before you today for the land use change and rezoning for a property at 5445 Biscayne Boulevard, and the result of such a change were it to be passed would be to change the zoning designation for the subject parcel from T3-R, single-family residential to T4-O. There is a covenant that has been proffered, and that covenant contains a series of buffering devices and

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other constraints that we feel are appropriate. It is probably best if I allow the applicant to present both their plan and the limitations that they are proffering to impose on the property, and I'll certainly make myself available to answer any questions.

Chair Gort: Thank you. Mr. Fernandez, you're recognized.

Ben Fernandez: Good afternoon again, Mr. Chair, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner. This is an application for a rezoning of a property that is immediately abutting the Morningside residential neighborhood; however, the property is not within the Morningside residential neighborhood. It is within the MiMo (Miami Modern) District, which is a commercial district, and this is the description of the MiMo District from your City Code. This is the introduction section of MiMo. Because the MiMo District is zoned for commercial use and the buildings constructed there were almost all designated as commercial buildings, it is necessary to address the special characteristics of the MiMo Historic District. And then it goes on to, of course, protect the commercial character of MiMo. So that's very important for you to consider as you think about this application; is that this is clearly within MiMo. This is the map from the designation report which I will enter into the record of the MiMo District. And what you have here circled is the section of the map where the property is located; clearly indicates it's part of it. That's important, why? Because this property has never been developed with a residential use. It's never been developed with a single-family home. It is substandard in terms of its width; only 40 feet wide. It has always been undeveloped, and it has always served a commercial use. This is the aerial photograph from 2003 of the property. And I apologize, it's a little bit fuzzy, but it's the best we could get off of Google Earth. This is the property, and behind it, you see that it's vacant and it's serving the motel that is immediately abutting it, facing Biscayne Boulevard, Commissioner Sarnoff, the motel, and that's the property. This is the first abutting house to the -- fast forward to today, and what you see that happened is that the motel was demolished, and you still have the property next to it. It's all vacant now, but it's all still within the MiMo District, and there's never been a residential use of -- the Morningside residential wall is on the east side of the property. So the reason that we're here today is simply to request a rezoning in order to allow the development of this project developed by -- designed by Mr. Dean Lewis, who's our project architect. He's with me here today. And this is a project that is entirely consistent with the zoning, the T4-O zoning that predominates the area. It's going to be a very attractive one-story commercial project. It's below many of the maximum intensities of the T4-O district in terms of lot coverage. It's significantly below the maximum lot coverage. It provides much greater setbacks from the residential area than is required by the Code. For instance, this is the site plan. This is the 20-foot required distance from residential. From the rear, you can see that here, where we're requesting the rezoning, we're providing an 85-foot setback to the building. That's enormous. Why? It's not because we're just giving the land away. It's because given the height restrictions that are in effect in MiMo, the only way that you can park a commercial product is by providing a large amount of surface parking, because you can't put it above you. So that's what we've done here. We've provided a large amount of surface parking. The rezoning will allow us to accommodate some of that parking within the rezoned area, but we're still providing a 20-foot setback from the nearest residential street until you reach the parking; and then, again, as I mentioned, an 85-foot setback from the nearest residential home. So we believe that with the covenant that we're proffering that the application is very consistent and compatible with the surrounding residential neighborhood, because essentially, what happens is that if the property were to be redeveloped based on residential zoning that it has today, what you would get is a two-story residential building that is not typical of the Morningside character, because it's such a small lot; 40-foot wide lot. If you approve this application with our covenant, then you ensure that the physical characteristics of this property will remain unchanged. There will be no physical change, whatsoever, to the property, because the covenant says it can only be used as green space and as surface parking. So the nearest residential neighbors, all they're going to see is exactly what they're seeing now, except it's going to be enhanced by additional landscaping that we're providing, which we've passed out to you in our package, the covenant. I will read to

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you all the different things that the covenant proposes to do. Number one, we're ensuring that there will be no commercial use on the property except for the parking to serve the commercial area. There will be no ingress or egress to the residential streets from the property, and there will be a minimum 20-foot setback to the parking area. Another thing that I'd like to point out is the fact that the tax card for this property -- rather the tax card for the motel that I showed you from 2003 that used to be on the property -- this is the tax card -- it includes the west 40 feet. So this isn't a question of whether or not this property was properly utilized as a commercial property; clearly, it was. The tax card for the motel next door included the lot in question. We also have the support of many of the commercial residents or tenants along Biscayne Boulevard, namely, Mr. Mark Soyka. We have a letter from Mr. Soyka in your package fully supporting the project. We also have two separate letters from the Morningside Civic Association. They considered this project two different times, and supported it wholeheartedly, and those letters are in your package, as well. Finally, we have a resolution from the Historic Preservation Board that reviewed this project, because it is in the MiMo District, and they also voted to support this project. So we are here asking for your approval to simply allow this property to remain basically unchanged so that the physical characteristics of this project -- of this property will remain unchanged; the neighbors will continue to see only landscaping green space on this property; and it will also help to serve the commercial area along Biscayne Boulevard by providing some parking spaces to serve this well designed project. And with that, I will close my comments; save some time for rebuttal. I'd just like to point out also that your staff recommendation has been changed from the recommendation on the record as a result of the covenant that we've proffered, and the covenant addresses all of the various policies and objectives described in your recommendation, in your initial staff recommendation that was not in support of the project. Thank you.

Chair Gort: Okay, thank you. Yes, sir.

Mr. Garcia: I would simply like to add, and I think Mr. Fernandez already made an allusion to it, but I thought it should come straight from us. The -- he is correct in pointing out that our original recommendation when this item went before the Planning, Zoning & Appeals Board was for denial. At that point in time, the Planning, Zoning & Appeals Board was presented with some design drawings akin to those that you are seeing today, which we typically don't encourage, because we emphasize that any rezoning is not necessarily attached to designs submitted. That has to be placed on the record. However, since then, and in furtherance of the design plans that you see here today, what they have done is actually proffered a covenant that captions many of the remedies or buffering devices that are contained in those plans in a more meaningful way. That covenant, of course, runs with the land. Because the covenant, as submitted to you and as described by Mr. Fernandez we feel goes a very long way towards buffering the commercial uses from the residential properties and results in an overall enhancement without the property and of the property's impact on surrounding properties, we are presently recommending approval for your consideration.

Chair Gort: Thank you. The public hearing is open now.

Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Gentlemen, this one is a non-starter and a no-brainer, and here's why: Florida Statute 163 requires all land use and zoning changes to be consistent with the Comprehensive Plan. I've just passed out an excerpt of that statute to you. As you heard in your Planning Department's analysis, if you read the initial analysis, this land use change would be inconsistent with the Comprehensive Plan on at least four counts. It's illegal; it's that simple. Regardless of what the applicant said, neither the HEP (Historic and Environmental Preservation) Board, nor the Morningside Civic Association, nor the PZAB (Planning, Zoning & Appeals Board), nor the Miami City Commission can supersede the Florida Statutes. It is exactly for situations like this that Florida Statute 163 and the neighborhood protections in the Comprehensive Plan exist. If they have somehow managed to convince you to allow this land use change, Mr. John Chen, the abutting property owner, has sent an e-mail

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(electronic) today stating that he will likely appeal under Florida Statute 163 with the primary evidence in that lawsuit --

Mr. Fernandez: Sorry, I have to object to this line of testimony. Are -- you're not Mr. Chen.

Chair Gort: Excuse me.

Mr. Fernandez: You're not --

Chair Gort: Hey.

Mr. Fernandez: -- represented to speak on --

Chair Gort: Excuse me.

Mr. Fernandez: -- behalf of him.

Chair Gort: Excuse me.

Mr. Fernandez: Mr. Chair, I apologize.

Chair Gort: That's not important. You'll get a chance for rebuttal. Please, go ahead and finish.

Mr. Cruz: Thank you. As I've mentioned to Mr. Fernandez, Mr. Chen is stuck in traffic; he's on his way here. I asked Mr. Fernandez if he would allow to delay this hearing, and he refused. If either of the Commissioners would like to delay until Mr. Chen gets here, that would be appreciated. The primary evidence in an appeal would be the City of Miami Planning Department's own analysis where it states in no uncertain terms that this land use change is inconsistent with the Comprehensive Plan. Please, let's save everyone the time and money that would be wasted in that appeal. Let's save the neighbors' time and money, the applicant's time and money, and the taxpayers' time and money. Our City Attorney has far better things to do than defend the City against a slam dunk lawsuit in which the City's own staff has provided the substantial competent evidence that proves a violation of the Comprehensive Plan. It's a no-brainer, it's a non-starter. As for the zoning change, this is exactly the sort of thing the City staff promises citizens that Miami 21 would not allow. Beginning on April 16, 2005, until it became law on May 20, 2010, at those dozens of Miami 21 hearings, the public was told time and again that commercial parking would not be allowed to intrude into residential zoning; that there would be no more SD-12's. This is even worse than SD-12, because at least SD-12 kept the underlying zoning. Now, commercial parking was allowed in residential zoning in the '50s when a former motel was built on this property. Sometimes afterwards, the City very wisely outlawed the practice, but the motel parking was grandfathered. Once the landowner demolished the motel, that grandfathering was gone. This is a self-created situation. This is not a hardship. There is no justification for the zoning change. Moreover, this is a classic example of an old trick. Instead of designing a project that fits the zoning, they want you to change the zoning to fit their project. They've got it backwards. The Planning Department also did a zoning analysis, and of 16 criteria, 14 were in favor of denial; 14 to two against. One of the basic principles of zoning is you should not put commercial zoning in front of residential zoning. You heard me ask that question of the Planning director during PZ.4, and he told you the same zoning should face each other. The zigzag in the zoning boundaries because of the intersection of two different plats. There will always be a cut-in between the two plats. The cut-in makes sense where it is right now, so it does not put commercial zoning in front of a single-family home. The property has been in the Morningside Historic District since it was established in 1984. The assertion that it's in the MiMo District is not only false; it's misleading and irrelevant, because the MiMo regulations do not grant, convey or authorize --

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Mr. Fernandez: Mr. Chair.

Mr. Cruz: -- commercial zoning.

Mr. Fernandez: Mr. Chair, Mr. Chair, I have to object to that.

Chair Gort: No, excuse me, wait a minute.

Mr. Fernandez: I have to object to that for the record.

Chair Gort: No, no, that's right, you can object to whatever you want, but don't interrupt the meeting.

Mr. Fernandez: Thank you.

Chair Gort: I'm giving him more time, because you're interrupt it, so I'll give him more time if you want me to. If you keep interrupting, I'll keep giving him more time.

Mr. Fernandez: Thank you.

Chair Gort: All right; you want to do that? It's fine with me.

Mr. Cruz: Thank you.

Chair Gort: Finish.

Mr. Cruz: There's already several non-commercial properties in the MiMo District, including Cushman School, Legion Park, a single-family home and the Bayshore Lutheran Church. Also, the applicant presents before you an illegal plan that was the same illegal plan presented at the HEP Board, Morningside, and the PZAB. It does not have the required zoning; moreover, it does not have the required 10-foot side setbacks on the side streets. I was told by Mr. Francisco Gonzalez, the Zoning plans examiner it would not be eligible for a waiver. Let me state the obvious: The desire to enable or enhance economic success is not an acceptable reason to allow a zoning change. If it was, the whole City would be subject to constant up-zonings of single-family to residential.

Chair Gort: Elvis, I allowed you a lot of time --

Mr. Cruz: Fifteen seconds.

Chair Gort: -- you got to finish it, come on.

Mr. Cruz: Fifteen seconds. As for the proposed covenant, it would be like offering a Band-Aid as a justification for the unnecessary amputation of a healthy body part. Sugar-coating the poison does not justify a violation of the Comprehensive Plan. In closing, please do not perpetuate the wrong that was done in '53. Do not expose the City to a lawsuit that it would lose. Do not waste everyone's time and money in the process. Please protect the integrity of Miami's first historic district and deny this land use change. Thank you.

Chair Gort: Thank you, sir.

Mr. Fernandez: Thank you, Mr. --

Chair Gort: Ben, let me allow the --

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Mr. Fernandez: Absolutely.

Chair Gort: -- staff to answer.

Mr. Fernandez: Sure.

Chair Gort: And I understand you have to object and so on, so.

Mr. Fernandez: Thank you.

Chair Gort: Francisco, I understand everything here is illegal.

Mr. Garcia: I'm sorry, sir?

Chair Gort: My understanding is --

Mr. Garcia: Mr. Cruz points out, and he is correct that the design shown does not conform to the present zoning.

Chair Gort: Okay.

Mr. Garcia: The reason the design is being presented -- and I have to emphasize that we are not considering our recommendation for approval based on the design, as the design could change, and likely will change to some extent. The design is being presented I think in light of what might be done if the zoning is changed. It should be understood clearly by everyone that no one is representing -- I don't think the applicant is -- but certainly, your staff is not representing that those plans could be built with present zoning. However, if the zoning change were to be approved and the land use change were to be approved, then a plan similar to that could be considered and would then be compliant with the applicable zoning regulations.

Chair Gort: Thank you, sir. You got a few minutes for rebuttal.

Mr. Fernandez: Thank you. Thank you, sir. To Mr. Cruz' point as to whether or not the property is properly inside or outside of the MiMo District, I would just like him to submit something for the record to base that up to the Clerk, please. Can you share that, please, for the record?

Mr. Cruz: Yes. And for the record, this is --

Mr. Fernandez: May I view that?

Chair Gort: Excuse me. You present it to the Clerk; to the Clerk, that's all that's being asked.

Mr. Fernandez: Thank you. Also, Mr. Cruz indicates that this wouldn't be so bad if it were in SD-12, like we used to have under the old Code where parking could serve a commercial development as it traditionally did up to 2003, when this motel was demolished. Well, that would be great. We would be happy with an SD-12. This essentially provides greater protections to the neighborhood than an SD-12 would have, because of the quantity of the landscaping involved in this application. However, we cannot apply for an SD-12. Number one, we're not operating under the old Ordinance 11000. Number two, the regulations today that allow commercial parking to serve -- properties to serve commercial parking don't exist. They don't allow for this anymore. You need to rezone a property, and the covenant is the vehicle that provides the protections to ensure that it will never be developed with anything other than surface parking, and with adequate setbacks. Again, Mr. Cruz makes a lot of arguments. None of them are really related to the fact that what you have is a substandard residential lot. It has never been

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developed, and if it were developed, what you would get is a product that is inconsistent with the character of the Morningside residential neighborhood. What he is asking you to do is to essentially render it an undevelopable vacant piece of property, and that is not fair to the property owner.

Mr. Cruz: Incorrect.

Mr. Fernandez: By the way, this is the same property owner since 2003. This isn't someone that just purchased the property. And this is a Morningside resident that is bringing this application to you, and an architect that lives in Morningside that has designed the project. So I can't think of a more sensitive team to put together to bring a project to this site than what we have. So, you know, Mr. Cruz, you just -- your arguments as to consistency --

Chair Gort: Thank you.

Mr. Fernandez: -- they're irrelevant.

Chair Gort: Thank you.

Mr. Fernandez: We're applying --

Chair Gort: Address -- you're addressing the Commission; you're not addressing him.

Mr. Fernandez: Thank you, Mr. Chair. We're applying to modify the Comprehensive Plan. So it will be consistent if the Comprehensive Plan is amended.

Chair Gort: Thank you.

Mr. Fernandez: And lastly, Mr. Chair, I would just note there's nobody here in opposition to this. Not even the abutting owner showed up. He didn't show up to the PZAB where they recommended approval of this application. We met with them and we could not come to an agreement. And most of my clients are willing to come to agreements, as you've noted from other applications. We couldn't come to an agreement in this case, because they were entirely unreasonable, and no one else is here from Morningside to object to this.

Chair Gort: Thank you.

Mr. Fernandez: Sorry, Mr. Chair. Thank you.

Chair Gort: Thank you. Public hearing is closed.

Mr. Cruz: He's stuck in traffic.

Chair Gort: Excuse me, sorry, it's closed.

Commissioner Sarnoff: Mr. Chair.

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

Commissioner Sarnoff: Mr. Garcia, I asked you to meet with Mr. Cruz about the past six months on this. Did you do so?

Mr. Garcia: Mr. Cruz and I have spoken on a number of occasions regarding this item. He has expressed his concerns to me, and we've had discussions that I think can best be described as discussions in passing. The last time I extended the same offer, Mr. Cruz politely declined and

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said that there was no purpose, as he had made his mind up.

Commissioner Sarnoff: Why, why, if I am interested in this project, why should I approve it after hearing his argument?

Mr. Garcia: Sir, the best answer I can give you right now is this -- and Mr. Cruz alluded to that in a question he asked earlier -- our Zoning Ordinance and our Land Use Plan prefers straight lines, because straight lines are certainly more defensible. So this is the case of the crooked line. The crooked line exists, and it could be favored in one direction or favored in another direction. When faced with anomalies like this, and this is really an exception to the rule, then the best we can do is to evaluate what the consequences would be of altering that crook in the line in one direction or another. And what we can tell you is that in working with the applicants, we have arrived at a solution to this crooked line that we think works best, and I will encapsulate in a brief sentence why we think it works best. It works best because it does two things: It allows for the commercial development along Biscayne Boulevard to function well and properly, and it functions well vis-à-vis the residential neighborhood to the east and to the north, because it provides an abundant buffer that is essentially tantamount to rendering that land undevelopable in perpetuity, and provide for a landscape buffer that will basically present a very satisfactory and sympathetic frontage to the neighbor across the street, as well as to the neighbor to the east, as well as to the neighbor to the back; a 30- or 20-foot buffer of landscaping surrounding the property. That, we think, is certainly preferable to many alternatives, one of which could be, as of right, a shoehorned single-family residence into a substandard lot. And it is for that reason that we are recommending approval. I should emphasize also that the buffering devices are still subject to review and approval by your Planning & Zoning Department, so we take comfort in that, as well.

Commissioner Sarnoff: And let's just say I was attracted to your argument. How do I know this particular building or how do I know this particular building with 30 feet of buffer would be built? How do I secure that?

Mr. Garcia: There is a covenant that has been proffered by the applicant which will be recorded against the property, and it runs with the land, and that basically renders that entire area that I've described to you as a buffer area undevelopable. In addition to that, the covenant includes a restriction which says that nothing other than surface parking shall be built in that part of the lot which remains developable, and the rest is up to your staff in terms of providing for an effective buffer and we will work with the applicant towards that end.

Commissioner Sarnoff: But you're describing to me that you can assure me that the parking area would be the parking area you're showing me. How can you assure me that -- let's say I'm attracted to the design, let's say I'm attracted to the use of this particular commercial application. How do I know it will be built?

Mr. Garcia: We don't at present know that this particular design will be built; we don't know that, and we can't know that, because we cannot through Zoning approve a specific project. That is beyond our scope, and your scope, as well, respectfully, Commissioners. What we can say is that as pertains to the subject of this application that is seeking rezoning and a change of land use, there are enough constraints placed on that parcel as a result of the covenant proffered that we feel very comfortable that any development that comes, whether it's this particular project or another project that is entirely different will satisfy those buffering requirements that we are imposing on the property.

Commissioner Sarnoff: So here's my dilemma, because I'm attracted to this particular development, but I can't be assured that this development would be built. That would be --

Mr. Fernandez: Mr. Chair -- I'm sorry, Mr. Chair.

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Chair Gort: Excuse me.

Mr. Fernandez: May I address that comment?

Chair Gort: Let him finish his question.

Mr. Fernandez: Sure.

Chair Gort: And then if he ask you, you'll be able to answer.

Mr. Fernandez: Well, I think I have a solution.

Chair Gort: Yes, sir.

Commissioner Sarnoff: Well, so you -- I'm attracted to this particular development. I am mildly attracted to the solution here, although I might have another solution, as well. I am sympathetic to Elvis Cruz' argument, because the only, I think, historic district I have in my particular district is Morningside, so I'm sympathetic to his issue that I think it's -- I think he would describe it, and has at times, never let the camel's nose get inside the tent. In this circumstance, I don't think the camel's nose is getting inside the tent, but if I go so far as to cross the threshold and support this issue, I want to know that it's this project that it is that I'm supporting. And I want to know what assurance I can be given, 'cause it could be I'm not going to get an assurance, in which case, I may not be attracted to this argument at all.

Chair Gort: Are you asking a question of --

Mr. Fernandez: May I?

Chair Gort: -- the applicant?

Commissioner Sarnoff: Sure.

Mr. Fernandez: Yes.

Chair Gort: Go ahead.

Mr. Fernandez: Mr. Chair, or through the Chair, Mr. Sarnoff, our client is prepared to proffer a covenant that would include more than just this land between first and second reading; amend the covenant and include a reference to development in a manner that is substantially compliant with this plan.

Commissioner Sarnoff: Now, the word “substantial” concerns me, but I understand it may be a word I have to live with. Let's just say I'm attracted to this for the first reading. I want to say -- I'll let you speak, Elvis, but I want to say some things to you, 'cause you and I go back a long, long, long, long way, and I have always given you a sympathetic ear, and you probably have changed some of my views on many things, and I can understand your concerns; you've expressed them well. But let me just say this to you, Elvis, as a friend: There's a saying in law, “Just because you can doesn't mean you should,” and just because you can do something doesn't necessarily mean you should do something. I have to believe with all the folks that I spoke to in Morningside and the Upper Eastside on this issue, they're very attracted to this development, even with the 18-foot incursion of the parking into the -- let's call it the Morningside Historic District. That's your best argument, and it's a fair argument. The 20 or 30 feet -- and I'd like to know whether it is 20 or 30 inevitably -- of landscape buffer is something you don't have now, so arguably, that's an improvement, because at least now you're creating a buffer that doesn't exist

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now. You and I have done a lot of things together; the 35-foot height limit; six motels will be restored; seven, eight and nine are almost under contract, Elvis, and it's very much like the Grove, Upper Eastside, Biscayne Boulevard. Part of living in a really cool home is having a really cool neighborhood to go to that you don't have to drive so far, or maybe even walk to, and there's a balance that you reach, Elvis, and that balance, it's filled with competing interests. So the competing interest here is having a shopping center which I suspect in your heart deep down you would say this is a pretty cool design; might be a little bigger than you want, and I understand that. There's certain economics at work that -- and I understand your issue with economics very well, but this is not somebody that's coming before us looking for even the 35-foot height limit; they're not even looking to build that high. I think this would actually enhance Morningside and enhance your lifestyle of being able to walk to a place that will likely have some pretty unique shops. And I just wonder, sometimes -- and I say this a lot up here -- turn the page. Let's turn this down. What is the result of turning it down? Because it's not so apparent what that result is, because when you become a lawyer -- and you are essentially a lawyer up here, Elvis; a lawyer with a very deep concern, 'cause it's very close to your house -- you become very focused on the victory and maybe not very focused on what the victory means. And I would just ask you to think about, what does the victory really mean? 'Cause when we turn this page and Max -- was it Rubin Max; are those the guys that own this place?

Mr. Fernandez: Yes, sir.

Commissioner Sarnoff: So when these guys do whatever it is they're going to do, you would suggest they're going to downsize their buildings, which is a pretty tough building to downsize, 'cause it isn't a big building by any stretch. They sell this; somebody comes back; they don't put quite the effort into it, or the design. Now, you know I've gone a long way of really improving Biscayne Boulevard in ways that people told us we were nuts. You weren't that impressed with the TDR's (Transfer Development Rights) at the time. To be candid with you, you thought it was kind of a dumb idea; I have the e-mail. That's okay.

Mr. Cruz: May I speak?

Commissioner Sarnoff: No, I'm going to let you speak, but I guess once you get a vote up here, you get to speak a little longer. And but the TDR's turned out to be a lifesaver, I think, for what you really wanted. And you were the one that planted the idea in my head, which is, you know, “Marc, not everything needs to be a $300 hotel room. You know, a $75 hotel room brings a certain kind of tourist that you want in Miami.” And you schooled me in that, and the TDR affords that; maybe it goes to 150, but I think you get my point. The Vagabond is certainly -- maybe not completely done, but about 6/8ths done. So, you know, 'cause Elvis, I'm going to tell you, for right now, I'm going to listen to you for -- I'm going to ask him to put two minutes on there, and you can make your argument to me, where I'm wrong, how I'm wrong, 'cause I've always listened to you, and I will continue to always listen to you. But some of our closest friends are recommending approval on this. And I know you don't think they understand it, but they pretty well do. So regardless of what I do today, I'd just ask you to think about it a little more, so go ahead.

Mr. Cruz: Thank you. First of all, this is not about a project, and yet, at the same time, everybody's talking about the project. You cannot require a particular project to be built as a condition for changing the Comprehensive Plan and changing the zoning. That's called “conditional zoning.” I've been told from day one here in City Hall that that is not allowed, that's illegal. The overriding issue is the Comprehensive Plan violation, and the City Planning Department has come out, in no uncertain terms, that this is inconsistent with the planning -- with the Comprehensive Plan. No one has addressed the side setbacks. This building that everyone has been seduced by cannot be built. It does not have the proper side setbacks on the side streets. It needs to be 10 feet. It's right up to the sidewalk. That's not allowable in T3; that's not allowable in T4; not allowable in T5. It's not until you get to T6 that that would be

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allowable. You were told a falsehood that the piece of land to be up-zoned that you could build a house there by right. That's not true. It does not have the amount of footage to build a house there by right. It's not the purpose of this hearing to determine the future fate of that. We can talk about that, but I don't have enough time. And also, it's important to find out is -- if a covenant is put in place, is it permanent, or can it be undone by the same elected body in the future? So and finally, about the TDR's, they didn't come from me. The opposition to the TDR's came from the Planning Department back in the Lourdes Slayzk era. They looked at TDR's up and down Biscayne Boulevard, and they said “This will never work.” I was conveying to you what they had told me. You proved them wrong; kudos to you.

Chair Gort: Thank you.

Ms. Méndez: If I may, just to briefly clarify a few points on the record.

Chair Gort: Let me ask a question, Vicky.

Ms. Méndez: Yes.

Chair Gort: They were talking about the covenant.

Ms. Méndez: Yes.

Chair Gort: My understanding is the volunteered covenants addressed that the only way that the -- they'll accept the change that you're providing is that they comply with the plans in front of us, and according to the new perspective. If that is not done, then the change in zoning would go away; am I correct? I'm not -- I'm asking the question as --

Mr. Garcia: Right. I'm sorry. I do want to draw a distinction, because I think the concern is expressed correctly that there may be a confusion between the project and the rezoning. So first let me emphasize that no action that this body will take today will approve this project or recommend the approval of the project. Let me then say that there is a covenant that has been proffered which we are recommending approval of which sets forth constraints on the land that is subject to this application, which we feel are satisfactory towards accomplishing the buffering that we've described. To respond to Commissioner Sarnoff's request for specificity, as I understand it -- and I will ask the applicant to correct me if I'm wrong, but in my review of the covenant, there is a 20-foot setback in the front of the property, so fronting 55th Street. There is a 20-foot setback to the east of the property. So that would be intervening between the property, itself and the surface parking that might be developed on it and the immediately abutting single-family residents immediately to the east. And then there is a 30-foot setback -- that's a 30-foot, not 20-foot setback in the rear, what is essentially the rear of the subject parcel, which would be basically to the south. So that's basically the buffering, and that takes up certainly more than 50 percent of the subject property. I'd like to address one more point very briefly to Mr. Cruz' comment that -- this statement that as of right, a single-family residence could be developed on that lot. I stand by my statement. A single-family residence could be built on that property. If -- the fact that the subject lot is nonstandard or substandard does not prevent it from being developed as of right.

Commissioner Sarnoff: Can you just address real quickly -- he said something about not having the requisite side setbacks; is that true?

Mr. Garcia: Commissioner Sarnoff, I will answer by telling you that we have at no point in time considered this particular project as a basis for our recommendation. So if it were the case that -- and Mr. Cruz may well be right -- the project as presented to you today does not comply fully with applicable zoning regulations, it would clearly have to then be revised to come into compliance with the zoning regulations.

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Mr. Cruz: The Zoning administrator is here.

Chair Gort: My question -- excuse me -- is can a covenant -- and I'll let the attorneys answer my question -- can be put in place that if the design approved by the Planning Department with all the setback, and all the rules and so on does not comply with, they change and go away?

Ms. Méndez: What the covenant can say --

Chair Gort: I know we cannot ask for it, but the applicant --

Ms. Méndez: Right. In the covenant that was proffered, they can voluntarily proffer on the zoning -- not the land use, as -- but on the zoning, a voluntary covenant can be proffered that says that if it's not built according to plans on file that there could be a reversion or what have you to the zoning. And -- but that would have to be voluntary on the part of the applicant.

Chair Gort: Correct, okay, thank you.

Ms. Méndez: Now if --

Commissioner Sarnoff: I would hope the applicant's listening to that, because, you know, I may cross the threshold today, but I may not cross the threshold --

Chair Gort: In the second reading, yeah.

Commissioner Sarnoff: -- the second reading, because if I'm attracted to the mousetrap, I expect the mousetrap that I see to be built, and what I don't want to see happen, I don't want to see this get flipped. I don't want to see a move for a non-substantial modification; having our department come back and say, “Well, let's take some of these things off; it's not substantial,” 'cause -- because this is an attractive building. Mr. Fernandez, don't say anything.

Mr. Fernandez: Okay.

Commissioner Sarnoff: This is an attractive building. I'm attracted to the detail of what's presented to us as all -- and I'm going to take Elvis' way of saying it -- as the cartoon it is. It is sort of cartoonesque [sic], but it can be built just like that cartoon; well, providing there are setbacks in there. So for today, I'm going to move to approve this with the understanding that you listen to this record carefully, because if I can't be assured that this building will be built, then I may not take the next step.

Chair Gort: Okay, there's a motion on first reading.

Ms. Méndez: What -- I'm sorry, Chairman, just really quickly, to allay your concerns, the better voluntary covenant would be that if it's not built according to the plans on file, the building permits will be revoked and any appurtenances of construction could be demolished. But, I mean, that's something that would be better than the reversion of any zone. Thank you.

Chair Gort: Thank you. Any action taken here can be reversed if it's not complied with.

Ms. Méndez: Correct.

Chair Gort: Okay.

Mr. Garcia: I'm sorry, friendly correction, I think.

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Chair Gort: (UNINTELLIGIBLE).

Mr. Garcia: There are no plans on file. There are plans that have been presented to you, so he may wish to reword.

Commissioner Sarnoff: I understand, but it could also be incumbent upon a developer, if he chooses to go to the expense to actually do the things that they hate to do until they know what they have. And I'm just saying, to cross the next threshold, it may be that much to get me there; meaning plans on file, preliminary approvals, going to build this building, nothing more than a three percent deviation from the building. And I hope they're listening carefully. Of course, it'd have to be all voluntary; right, Madam City Attorney?

Chair Gort: Right.

Ms. Méndez: Right.

Mr. Fernandez: Mr. Chair --

Chair Gort: Yes.

Mr. Fernandez: -- may I? Full disclosure: There are plans on file at the Zoning Department for this very project. They're not a part of this application, because they wouldn't appropriately be part of this application; this application comes first, but we do have an application. What Mr. Cruz alludes to in terms of not meeting the requisite setback has nothing to do with the rear setbacks. As I mentioned, the rear setbacks are extraordinary; they're much greater than they need to be. The lot coverage is much less than it could be. The floor area, commercial floor area is much less than it could be. The setbacks that he's talking about are setbacks from the side street. This is a meaningless side street; it's a dead end. So we've applied for waivers to allow us to come as close as we can to that street to make it cozier, quite frankly. That's the setback that he's alluding to, and that's the disclosure I'd like to make on the record. We're willing to covenant that we will develop substantially in compliance with the waiver application that we've submitted to the Zoning Department. Thank you.

Commissioner Sarnoff: Well, you might go a little further then than today.

Mr. Cruz: May I speak?

Chair Gort: Okay. No.

Commissioner Sarnoff: It's up to the Chair.

Mr. Cruz: Chair, may I make a brief comment?

Chair Gort: Just a -- 30 seconds.

Mr. Cruz: Okay. You have fallen in love with this drawing. They could have presented to you a design which was fully compliant with zoning and setbacks, and you would have fallen in love with that one, too, but they haven't. They want to lead you down the path of something that does not comply with the zoning, and does not comply with the side setbacks.

Chair Gort: Thank you. The one thing I learned in being in zoning, dealing in zoning matters, where we have lots that been sitting there for years and no use has been done to that lot, some changes need to be taking place. Okay, it's an ordinance.

Ms. Méndez: Mr. Chairman, just to clarify, just two things for the record that I must.

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Remember that we are changing the land use and the zoning.

Chair Gort: Right.

Ms. Méndez: When we change the land use and the zoning, the zoning has to comply with the land use. So some of the comments that Mr. Cruz has said are not necessarily accurate, because the land use is going to change and as the zoning, if this Commission approves it, so that they could be consistent. Second of all -- well, pretty much that's what I wanted to say, so thank you.

Chair Gort: Okay. So what kind of motion you want? The motion has been made by Commissioner Sarnoff; is there a second?

Commissioner Carollo: Second.

Chair Gort: Second by Commissioner Carollo; any further discussion? Being none, first reading.

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

Todd B. Hannon (City Clerk): Roll call on item PZ.12. Commissioner Carollo?

Commissioner Carollo: Yes.

Mr. Hannon: Commissioner Sarnoff?

Commissioner Sarnoff: Yes, as amended.

Mr. Hannon: Chair Gort?

Chair Gort: Yes, first reading.

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

Mr. Fernandez: Thank you very much.

PZ.13 ORDINANCE First Reading 13-00866zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF THE PROPERTY FROM "T3-R" SUB-URBAN ZONE - RESTRICTED TO "T4-O" GENERAL URBAN ZONE - OPEN, LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00866zc CC 03-27-14 SR Fact Sheet.pdf 13-00866zc Analysis, Maps, PZAB Reso.pdf 13-00866zc Application & Supporting Documents.pdf 13-00866zc CC Legislation (Version 2).pdf 13-00866zc Exhibit A.pdf

LOCATION: Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2]

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APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz

PURPOSE: This will change the zoning of a portion of the above property from "T3-R" to "T4-O". Item includes a covenant.

Victoria Méndez (City Attorney): And PZ.14, the public hearing was opened and closed on the same -- on both items, yes?

Todd B. Hannon (City Clerk): Yes, Madam City Attorney.

Ms. Méndez: Okay.

Mr. Hannon: PZ.13.

Ms. Méndez: Thank you.

Commissioner Sarnoff: Thirteen.

Ms. Méndez: And a motion --

Commissioner Sarnoff: So moved as stated previously.

Commissioner Carollo: Second.

Chair Gort: An ordinance.

Ms. Méndez: There's a motion and a second?

Chair Gort: It's been made.

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

Mr. Hannon: Roll call on item PZ.13.

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

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

PZ.14 ORDINANCE First Reading 13-00695lu

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AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2001, 2021 AND 2121 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00695lu CC 02-27-14 FR Fact Sheet.pdf 13-00695lu Analysis.pdf 13-00695lu Color Maps.pdf 13-00695lu School Board Concurrency.pdf 13-00695lu Application & Supporting Documents.pdf 13-00695lu CC Legislation (Version 2).pdf 13-00695lu Exhibit A.pdf

LOCATION: Approximately 2001, 2021, and 2121 SW 37th Avenue [Commissioner Francis Suarez - District 4]

APPLICANT(S): Tony Recio, Esquire, on behalf of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended *. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 15, 2014. See companion File ID 13-00695zc.

PURPOSE: This will change the above properties from "Single-Family Residential" to "Low Density Restricted Commercial".

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

PZ.15 ORDINANCE First Reading 13-00695zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB-URBAN ZONE - RESTRICTED WITH AN "NCD-1" CORAL GATE NEIGHBORHOOD CONSERVATION DISTRICT TO "T4-O" URBAN GENERAL - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2001, 2021 AND 2121 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

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13-00695zc CC 02-27-14 FR Fact Sheet.pdf 13-00695zc Analysis.pdf 13-00695zc Color Maps.pdf 13-00695zc Application & Supporting Documents.pdf 13-00695zc CC Legislation (Version 4).pdf 13-00695zc Exhibit A.pdf

LOCATION: Approximately 2001, 2021, and 2121 SW 37th Avenue [Commissioner Francis Suarez - District 4]

APPLICANT(S): Tony Recio, Esquire, on behalf of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-00695lu.

PURPOSE: This will change the above properties from "T3-R" with an "NCD-1" to "T4-O". Item does not include a covenant.

PZ.16 ORDINANCE First Reading 13-00864lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 19 NORTHWEST 41ST STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00864lu CC 02-27-14 FR Fact Sheet.pdf 13-00864lu Analysis, Maps, Projects Mtg & Sch. Brd. Conc.pdf 13-00864lu Application & Supporting Documents.pdf 13-00864lu CC Legislation (Version 2).pdf 13-00864lu Exhibit A.pdf

LOCATION: Approximately 19 NW 41st Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Mario Garcia-Serra, Esquire, on behalf of Courtney Properties, LLC

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FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-00864zc.

PURPOSE: This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial".

PZ.17 ORDINANCE First Reading 13-00864zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB-URBAN ZONE - LIMITED TO "T4-L" GENERAL URBAN ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 19 NORTHWEST 41ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00864zc CC 02-27-14 FR Fact Sheet.pdf 13-00864zc Analysis, Maps & Projects Review Meeting.pdf 13-00864zc Application & Supporting Documents.pdf 13-00864zc CC Legislation (Version 2).pdf 13-00864zc Exhibit A.pdf

LOCATION: Approximately 19 NW 41st Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Mario Garcia-Serra, Esquire, on behalf of Courtney Properties, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-00864lu.

PURPOSE: This will change the above property from "T3-L" to "T4-L". Item does not include a covenant.

PZ.18 ORDINANCE First Reading 12-00941zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF

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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

LOCATION: Citywide

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.

Note for the Record: Item PZ.18 was deferred to the March 13, 2014, Regular Commission Meeting.

PZ.19 ORDINANCE First Reading 13-01088zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ENTITLED "GENERAL TO ZONES", TO CLARIFY EXISTING REGULATIONS AND TO ADD NEW PROVISIONS WITHIN THE PUBLIC BENEFITS PROGRAM TO ALLOW THE DONATION OF PARK IMPROVEMENTS TO SATISFY THE PUBLIC BENEFITS REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

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13-01088zt CC 03-27-14 FR Fact Sheet.pdf 13-01088zt PZAB Reso.pdf 13-01088zt CC Legislation (Version 3).pdf

LOCATION: Citywide

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 20, 2013 by a vote of 8-0.

PURPOSE: This will allow the donation of park improvements to satisfy the public benefits requirement.

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

Note for the Record: Item PZ.19 was continued to the March 27, 2014, Planning and Zoning Commission Meeting.

PZ.20 RESOLUTION 13-01416mu A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9,13,17 AND OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HYDE MIDTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 3401 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 347 FOOT, 32-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 400 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 80 LODGING UNITS; APPROXIMATELY 21,745 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 526 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

LOCATION: Approximately 3401 NE 1st Avenue [Commissioner Marc David Sarnoff - District 2]

APPLICANT(S): Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended continuance.

PURPOSE: This will allow the development of the Hyde Midtown project.

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13-01416mu CC MUSP Binder.pdf 13-01416mu CC 03-27-14 Fact Sheet.pdf 13-01416mu Analysis, Color Maps & School Concurrency.pdf 13-01416mu PZAB Reso.pdf 13-01416mu CC Legislation (Version 4).pdf 13-01416mu Exhibit A.pdf 13-01416mu Exhibit B.pdf

Note for the Record: Item PZ.20 was continued to the March 27, 2014, Planning and Zoning Commission Meeting.

PZ.21 ORDINANCE First Reading 13-01451lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1320 AND 1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-01451lu CC 03-27-14 SR Fact Sheet.pdf 13-01451lu Analysis & Color Maps.pdf 13-01451lu PZAB Reso.pdf 13-01451lu CC Legislation (Version 3).pdf 13-01451lu Exhibit A.pdf

LOCATION: Approximately 1320 and 1330 SW 12th Avenue [Commissioner Frank Carollo - District 3]

APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-01451zc.

PURPOSE: This will change the above properties from "Single-Family Residential" to "Public Parks and Recreation".

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

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Commissioner Carollo: Thank you, Mr. Chairman, and if you give me a second -- and I don't know if IT (Information Technology) is here -- I want to make sure that we'll be able to put a PowerPoint presentation up, also, so I could explain a little bit better. And Commissioners, as many of you know, this is a project that I've been working on for a very long time, and I ask that you indulge me with your patience and time, because I want to be somewhat detailed without boring you with details. What is before you is changing of land use from single-family residence to park and recreation; it is not what type of park, although my preference is a playground. But there is a separate process, and in all fairness, we will deal with that process, and we will follow that process in due time. But what is in front of you right now is a land and zoning change from residential to parks and recreation. First thing I want to say is -- and in the four years that I'm here, this is going to be the first Jennings disclosure that I make. As most of you know, I -- PZ (Planning & Zoning) items, I don't entertain conversations, but going out and visiting the neighbors, inadvertently, on two occasions, we spoke about the zoning. The disclosure was with Frank Lengyel, and we spoke about the zoning change and a possible covenant. And the second person was Eric Aracelys, which we -- I also spoke to with regards to a zoning change. I spoke to numerous residents, but the gist of what we spoke about was having a park there and entertaining any concerns that they would have and remedies on the City's part. So I want to make sure that's a disclosure that I have to make. And Madam City Attorney, I just want to verify that you agree with my statements and speaking that about a park there is not necessarily a Jennings disclosure, but the zoning of it would be, correct?

Victoria Méndez (City Attorney): Yes, correct. Thank you.

Commissioner Carollo: Thank you. You ready with the PowerPoint? I mean, we don't have to show it just yet.

Chair Gort: PZ.21, you wanted to read the ordinance first or --?

Commissioner Carollo: Sure, if Francisco could read it.

Chair Gort: PZ.21.

Francisco Garcia: Thank you, sir. Francisco Garcia, Planning & Zoning director for the record, and it is both PZ.21 and PZ.22; they are companion items. PZ.21 is for the land use change; PZ.22 is for the zoning change. The land use change is going from single-family residential, which it is today, to parks and recreation. And the zoning change is from T3-R, which it is today, to a proposed CS or civic space. The purpose, as described by Commissioner Carollo, is to take land that was previously occupied by single-family residential structures and add to an existing facility, which has been a community center for some time, serving different capacities; so add to that land that is already City-owned and present there, additional area for a parks and recreational facility. I just want to emphasize briefly for the record, and I know Commissioner Carollo will have more to add, that this is strictly about the use of the land and opening up the possibility for the City to develop a park on that site. There is a subsequent step which involves a warrant process, a warrant permit, which is issued by the Planning & Zoning Department and is ultimately appealable to this body, and it is through that process that we will be able to then discuss the design and appropriate arrangement of the facility. And I will close briefly by saying that I've had an opportunity to meet numerous times with many of the involved stakeholders, and they've expressed their concerns. I certainly don't mean to speak for them, because I'm sure they will do that at some point in time. But our commitment has been consistently that we will work with them towards ensuring that the facility ultimately is for everyone's benefit. I will answer any questions you have.

Chair Gort: Thank you, sir.

Commissioner Carollo: Thank you and --

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Chair Gort: Yes, sir.

Commissioner Carollo: -- Commissioner. Thank you, Mr. Planning & Zoning director. And I'd like to continue and maybe paint a little bit more of a picture since I've been so involved, and if you want to say that I spearheaded most of this and adding park space to the City of Miami and to District 3, absolutely. You all have heard me for the past four years saying how we don't have enough park space, so if you want to say that I'm spearheading this, yeah, absolutely. I do believe that we need more park space, and let me show you real quick how it started. You have this in your backup material, and that backup material is on line. And right here, you have -- thank you. You have this in your backup material. And right now, we're talking about these properties, okay? It's 1320 and 1330. But 1300 is how all this began. And the reason all this began, if you remember, this used to be a NET (Neighborhood Enhancement Team) office, the Little Havana NET office. Back in May 2007, it caught fire, and it closed down. Fast forward to November 2009, when I became Commissioner, and I started seeing that we had an asset there that was being not used. At the same time, the NET office actually moved to another location, and we were paying rent. So it really made no financial sense that we had an asset there, dilapidated, no one paying attention to, and we were paying rent somewhere else for a NET office. If you notice, right across the street from that location, you have this whole parcel, which is a school with a baseball field, kids playing, all of the above. However, it's a private school; it's now open to the public. Now, when I started seeing if there was funding for this, and as I mentioned earlier today with CDBG (Community Development Block Grant) funding, and I saw how much was going to a façade program, I said, “Wow, $750,000 for a façade program. Wait a second. Can we make better use of this money?” And I started saying -- and I spoke to the Administration. I actually visit the site with the Mayor at that time, and I couldn't believe how that site looked. And I'm not even going to get into details, 'cause I'm going to get more into the other two properties. In the meantime, you know how the City works. It takes a long time to do anything, and while it takes a long time, I started looking at this property, which is 1320, and this other property is 1330. So right here is where the old NET office is; right here is 1320; and right here is 1330, okay? And I'm painting the picture 'cause, unfortunately, our Communications Department either videotaped over what we had as of before, but -- I don't know. We don't have a picture of all three of these properties, so I'm painting the picture. Now, with that said, let me begin with the slides; if we could go to the next slide, please? Okay, this is one of the first slides of 1320 Southwest 12th Avenue prior to the City purchasing it and actually demolishing it. This property -- go to the next one -- had numerous code violations from failure to maintain lot to -- I don't know, just numerous code violations. And realistically, in 2006, this property sold for $535,000. I am proud to say that we do not -- we did not follow the tradition that the City has of paying too much for properties or not doing the best financial deals. And the City obtained this property for $32,000, okay? So from 535, yes, in the high level market, 2006, the City was able to purchase this property for $32,000. As you could see, I don't know anyone who would want to live next to this property with all the code violations. It's an unsafe structure, and in all fairness, according to the U.S. (United States) Fire Administration, unsafe abandoned structures, quote, “affect many aspects of community life, including housing and neighborhood vitality, crime prevention efforts and commercial vitality.” Look -- is the next one -- okay, stay there for a second. And according to a report conducted by the National Vacant Properties Campaign and funded by the U.S. Environmental Protection Agency, cities must address the increasing number of vacant properties not only because of the negative impact they have on the surrounding community, but because of the numerous costs they impose. If we go to the next slide, okay, this is the property next to it, and real quick -- this property is 1330 Southwest 12 Avenue. This, too, had several, numerous code violations, and you could start going through some of them. You could see the deplorable conditions it was. As a matter of fact, I had the owner come to my office, very frustrated and pretty much demanding, asking, requesting help. He had squatters in the home -- and we have a police report -- squatters in his home, he could not get rid of them. He told me personally, “We cut the electricity, we cut the water,” and now, he was so frustrated because these squatters were actually stealing electricity from the NET

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office. They actually extended a cord all the way from 1330 to 1300, and they were actually stealing electricity. And he's saying, “What is the City doing to me? I cut the electricity so these guys will get out of there, and they're actually stealing electricity.” So if that's not a crime, it's not -- if this isn't conducive to a crime-infested area, I don't know what is. The City, realizing that we obtained one property already, went after the other property, and again in foreclosure, and it did take a long time, and I commend the staff of the City of Miami, because we were resilient, and we continued until we were able to purchase this property. And this property -- and those of you that know about appraisals and so forth will tell you -- also was purchased at a very good price. This property was purchased a little bit more, but it was $270,000. So in essence, we purchased the rest of the block, so we will have the whole block, for $300,000. I think that is incredible. And once again, we no longer, as I have said, make bad financial decisions, especially with property. Continue to slide 12, please. Okay, according to the Trust and [sic] Public Land, Miami park acres within City limits is 1,198, which is very low compared to other highly populated cities in the U.S., such as Los Angeles, with 42,278 park acres; and New York, with 38,201 park acres; Chicago, with 12,429 acres of park space; Washington D.C. (District of Columbia), with 7,679 acres of park space; and San Francisco, with 5,384 acres of park space. So you clearly see that we are way below all the other major cities. Next slide, please. According to a report conducted by the Trust for Public Land, with only 5.2 of park acres of City land, Miami ranks one of the lowest in total park space for highly populated cities. Next slide, please. According to the Miami Parks and Public Spaces Master Plan, in Little Havana, quote -- and this comes straight out of the Miami Parks and Public Spaces Master Plan -- “In Little Havana, new park space is needed. There is a severe deficit of park west of 12 Avenue. Few public or private vacant lots are available for new open spaces.” That is a quote. We were able to find land and purchase it at a very good price; not to mention that for four years, you have heard me here fighting for more park space, especially within District 3, because what my colleagues know, and whoever has paid attention in the last four years, within the City of Miami, that obviously ranks one of the lowest in park space, District 3 in Little Havana is the lowest in the City of Miami. Slide 15, please. According to the Miami Parks and Public Space Master Plan, the goal is, quote, “Pursue opportunities to acquire vacant lots or other suitable properties to create mini parks with play structures.” Next slide, please. According to the Trust for Public Land, Miami currently has 1.4 playgrounds per 10,000 residents, ranking one of the lowest compared to Tampa, which has 2.5 playgrounds per 10,000 residents; Orlando, which has 2.2 playgrounds; or New York, which has two playgrounds for 10,000 residents. Slide 17. According to the Miami Parks and Public Spaces Master Plan, advocacy groups push for more parks in underserved areas. The Trust -- and this comes right out of the Miami Parks and Public Spaces Master Plan for -- Miami Neighborhoods United has been active in promoting acquisition of new parkland, park improvements and passive parks. The Trust for Public Land is a national nonprofit with programs that focus on urban parks. Its South Florida office has emphasized providing parks and greenways in underserved neighborhoods like Overtown and Little Havana. Slide 18, please. An article in the Miami Herald on Sunday, June 9, 2013 documents Miami's need for community parks. Reporter Susan Cocking writes, “Miami, the nation's 42nd largest city devotes only 5.2 percent of its land to parks, compared with a national average of 10 percent.” Slide -- next slide. According to the Miami Parks and Public Spaces Master Plan, Miami needs more parks. The overwhelming majority of survey respondents, which was 91 percent, believe that Miami needs more parks. Next slide, please. According to the Miami Parks and Public Spaces Master Plan, small neighborhood parks are the most needed types of recreational facilities in Miami. Next slide, please. A study conducted by the Trust for Public Land states the percentage of children and adolescents who are overweight has more than doubled since the early 1970s. About 13 percent of children and adolescents are now seriously overweight. Strong evidence shows that when people have access to parks, they exercise more. Creation of or enhanced access to places for physical activities led to a 25.6 increase in the percentage of people exercising. Next slide, please. As a matter of fact, the First Lady, Michelle Obama, visited Miami this week to continue her fight against childhood obesity through her Let's Move Program. America recognizes we have a childhood obesity problem, and parks are a wonderful way to fight this epidemic. In summary, community parks promote health, enhance

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community and economic development, and protect the environment as noted by the Miami Parks and Public Spaces Plan. Commissioners, simply put, I believe in adding park space, and what we are voting today is to add park space. I think I have detailed numerous documentations and agencies that agree with this. As far as what type of park, listen, again, there's a process for that. There's a warrant process, and we will follow that. I have no trouble saying my preference is a playground. I believe that children need a place to play, especially that you have a community center right next door, something that we are refurbishing. And at the same time -- and I'll be honest with you -- right now, we're still talking with the Administration, because although it's going to be a community center, we're still in discussion whether to bring the NET Administration back to that location and have a neighborhood resource officer there. So that's still in discussion, and good chance I'm going to be pushing to have a NET Administrator there -- NET Administration there and a police officer. So, listen, I mean, it makes perfect sense. I believe this is a no-brainer. I campaigned on this. Yes, I sent a preliminary mailer, preliminary. But again, you know, we're going to follow the warrant process, and I am going to fulfill campaign promises. And again, with everything aside, I believe in adding more park space to the City of Miami and to District 3, and the bottom line is that's what we -- if we approve this, that's what we will do. Simply put, we will add more park space to the City of Miami. Thank you.

Chair Gort: Okay, any --

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: Before we continue, I would -- you know, I would -- I know that you will open up to the public, and I always welcome that, and my colleagues know that I always welcome discussions, debate, you know, and this is not going to be any different. I can tell you this, that I have met with numerous residents to address a lot of their issues. I have also noticed that sometimes, some issues cannot be resolved, because if the intent is that, no, we don't want the park here, or we don't want a park here, I mean, that's very hard to, you know, then, you know, fix. However, we are open -- and Mr. Garcia will also tell you, we are definitely open to hear from the public and see if there could be remedies to any of the issues. Thank you.

Chair Gort: Okay, we'll open the public hearings. All those who'd like to speak, come forward.

Todd B. Hannon (City Clerk): And Chair, just for the record, the public hearing will be for PZ items 21 and 22.

Chair Gort: Correct. You can use either mike.

Francisco Garcia (Director, Planning & Zoning): Commissioners, as they are approaching the microphone, I simply wanted to introduce into the record that, certainly, our recommendation is for approval; that -- and this is for your notes -- and we can come back to this issue -- we have considered and represented to many of the stakeholders that we are willing to consider a covenant to restrict future zoning changes on the land. I invite your interest in that option, and last but not least, the Planning, Zoning & Appeals Board heard this matter on February 19 and recommended approval with conditions by a vote of eight to three. I have more information on that if you should choose to inquire. Thank you.

Rosa Maria Plasencia: Good evening, Commissioners. I'm Rosa Maria Plasencia. I'm the president and CEO (Chief Executive Officer) of Amigos for Kids. We're at 2153 Coral Way, and I'm also a property owner in the City of Miami. I would like to just read a statement and make it simpler. Amigos for Kids is a nonprofit organization whose mission is to prevent child abuse and neglect by valuing children, strengthening families and educating communities. Since 2004, we

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have been providing free after-school services at Jose Marti Park, a City of Miami Parks & Recreation facility. In collaboration with Parks & Recreation and major corporate funding, we have been able to provide these services to children and family for 10 years. We also provide parenting sessions in the community. And we are here today to state our support of the effort to create additional park areas in the district. The ability to have recreation spaces, however small, spaces for families provides many activities embraced by our mission and also promote activities for healthy lifestyles so very desperately needed in our community. We have one of the highest mental health percentage factors in this City, and it is our responsibility to create and give children opportunities to have access to green areas. There is evidence that living near parks, woods or other green spaces may improve your mental health and physical health. Many of the children we work with, all underprivileged children, have no place to go. And this is an opportunity wherever they may be, however small the green space may be for them and their families to spend time together, strengthen the family, be healthy, and like the First Lady said, it is absolutely essential that we are active all the time. Thank you very much.

Chair Gort: Thank you. Next.

Jed Royar: Jed Royar. Do I have to give my address? It's already on record. Yes, I do? 1538 Southwest 11th Terrace, 33135. I'm going to read a letter that we're going to send to the Commissioners' office. Our group, the Miami Shenandoah Neighborhood Association, represents the interests of residents in Shenandoah. Our territory is Southwest 12th Avenue to Southwest 27th Avenue; Southwest 8th Street to Coral Way. We have discussed this topic at length and have officially taken the following position: Our board unanimously feels that, if done right, the park is a great idea, and we've been pleased with the Commissioner's ability to acquire land for public use at such a great value. This alone seems commendable to us. And the fact that he's planning to add public green space where an unsafe structure once stood is even more commendable. At this time, any support we can offer is contingent on the following four points: Number one, we do want to learn about the project. We have received very little information about this project to date. On February 26, yesterday, Commissioner Carollo agreed he would come to our next meeting on March 10 with a full presentation. We want to see visuals of what is being planned here, as well as discuss full scope of the project so our citizens can make an informed valuation. Number two, we do want to make sure that any green space that's established now is protected from any bait and switch style move later on. I -- you know, for example, the park becoming a fire station or a police station under someone else's guidance later on. We look to the Commissioner to use a tool like a covenant to ensure any possible usage changes in the future are transparent and considered thoroughly by the public first. Number three, we do want to help the residents in the area protect their precious street parking should that prove to be an issue. Number four, we do want to help the residents here protect their property from any possible surge in petty crime, drug use, and/or vandalism should that become an issue. And in summary, pending the full presentation we are to receive on March 10, 2014 from Commissioner Carollo, at this time, we feel that this is a worthwhile project that will benefit the majority of the neighborhood and is consistent with the goals of the residents. We look forward to working with your office on it.

Chair Gort: Thank you. Next.

Maria Elena Paradela: Good evening, Commissioners. I'm here representing Amigos for Kids. I am the after-school program supervisor for the program at Jose Marti Park. My name is Dr. Maria Elena Paradela. I am here to support Commissioner Carollo's project. As we say, I grew up in the area. I do remember when that was originally a fire station, and growing up, we were very limited to what parks we had in that area. Basically, it was going walking long distance to Shenandoah Park. We didn't have any other park in our area. And still, in that same area, there aren't other options for children and parents to go exercise, walk; grandparents to take children to the park, and it is a very frustrating situation. I also read some research. It says, “Increasing access to green space has been shown to lower childhood obesity rates with larger flex for boys

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than girls.” And that was Walt 2001. :And to increase physical activity among boy” -- “both boys and girls, children's moderate to vigorous activity levels appear to be greater outdoors than indoors. Therefore, access to green space may also increase physical activity levels for adults.” So it's not only for the children, but it's also for the adults at large. Thank you.

Chair Gort: Thank you. Next.

Lucita Moran: Yes. I'm Lucita Moran from 520 Southwest 23rd Road, as you all know. I find it somewhat (UNINTELLIGIBLE) that a single-family resident [sic] can be turned to a public parks and recreation like that. We got no knowledge of it. We found out about it last night at the Roads Association, and we're not happy with it. It is single-family residence is what that means. I think it's somewhat illegal and immoral to change that, especially to -- this is the picture we got of what we're going to get over there. This is like a three-ring circus, okay? Peter and Paul, which I teach at, we are well equipped with all kinds of cameras and equipment for protection from the elements that may be out there. I don't think the kids at Peter and Paul -- when they look at this, that's going to be a distraction for them, for sure. But there is so much traffic there right now because of Peter and Paul, the parents coming to pick up their kids, I can't imagine having a park there as well. Could we possibly leave a little patch of green somewhere? I mean, this would be nice for a park over there. Yeah, we could go for that. I go by Triangle Park a lot. That is not a nice place for kids to hang out, okay? It is dangerous to be around there. They lock, padlock it, okay? There's a beautiful park right here in the Grove. It's huge, it's immense. If the people can get to your location that you want, they can easily get to the one in Coconut Grove. I just -- I think it's against our rights that single-family residence can just be flipped over to public parks and recreation. Where are these cars going to park? Are they going to park in front of all these neighborhoods and in front of private homes? Have you considered that? And what the young lady said about mental health, Dade County is number one in the world for mental health problems, okay? And I don't think it's because there's not enough park space. I'm sure the reasons are endless, and we're not going to go into it. Switching --

Chair Gort: In conclusion.

Ms. Moran: -- back real quick, I see you passed that for the condos. If you all read the Miami Herald today or El Nuevo Herald, it's incredible what they're doing down there, okay? The traffic, the -- we cannot go swimming now because of the pollution in the waters, because of the sewage. Can you imagine?

Chair Gort: In conclusion.

Ms. Moran: Yeah, this is --

Chair Gort: (UNINTELLIGIBLE).

Ms. Moran: -- the conclusion: We don't want this like this, okay? Mr. Carollo, we don't want this. This is what is planned, supposedly. This would be okay --

Chair Gort: Thank you.

Ms. Moran: -- all right? And next time, if you could give us a little heads up on it, we'd appreciate it.

Chair Gort: Thank you. Next.

Kelly Hendrickson: Hi. Good evening. My name is Kelly Hendrickson. I am here to speak as a parent of a four year old. I live at 280 Southwest 20th Road, so I do live in the area. My son goes to United Way, and there really aren't enough parks. I come from Manhattan, and there's

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parks within walking distance. So I am very for this, and as I'm here representing my friends and the parents of my child's -- their parents, and we really need this. We go to Triangle Park all the time. I feel very safe there. It just got redone, thank you to Mr. Carollo. We really appreciate that effort that you put in, and we're there every -- we're pretty much there almost every day. And there are, you know, plenty of kids for my son to play with, and we really need something close, but closer to United Way, there's nothing there but Shenandoah. And for the people and the parents in that neighborhood, and this is a very -- Brickell is a lot of parents, a lot of young people starting families, and there's nothing; there's nothing around Brickell area. There's a couple small parks, but this would be great. So please consider a parent's opinion. Thank you.

Chair Gort: Thank you. Next.

Elvira Lengyel: Hi. Good evening. My name is Elvira Lengyel. My address is 1270 Southwest 14 Street. I am here today because I oppose the change of zoning in the corner of Southwest 12 Avenue and 13 Avenue. Let me make clear that that is right in the corner of my house. I don't oppose the park at all, but what I would like to see is a park with green space and trees; not these, not --

Chair Gort: Excuse me, ma'am, you've got to speak in the mike.

Ms. Lengyel: Not the park that he wants to build. So, please, I ask that you listen to us, the homeowners who will have to deal with this ugly structure that does not have any green area and is out of place. I respect everybody that has, you know, spoken and saying, you know, they want this for Amigos for Kids and all that; that's very beautiful. I have three boys. I took them to the park. I got in my car and took them to public parks. But you know what? It's very nice to stand here and say how you want all this park, because, of course, that is not going to be built in the corner of your house. This is in the corner of my house, and I think the Commission here should listen to us, the ones that are going to be impact, you know, the most. The parking. St. Peter and Paul has closed the entrance to 12th Avenue because of the danger of the dropping and picking up the kids there. And then you want to put a park in 12 -- because this is going to be maybe a hazard for kids. And what do you think? That the parents -- if I have a child, I'm going to park across the street and go across to go to the park? No. They're going to park on my street. So, please, I beg you to please don't build something like this. We would love -- we're not against something like this. We would love -- I would love to have something like this in the corner of my house, but not something like that. That looks like a water park, you know. Where is the green area? I can hear the Commission here even before that I was listening how Miami needs green area. And I agree, we don't have green area. So this is what you want to build? So, please, listen to us, the ones that live in that corner, in that -- in those two streets, 13 and 14.

Chair Gort: Thank you.

Ms. Lengyel: Thank you very much.

Chair Gort: Next.

Hugh Ryan: Hugh Ryan, 1320 Southwest 13th Avenue. Thank you, Mr. Chairman, Commission. I am a little put off by why we're even here, because it's a park, and I live a block away. I'm actually past president of the Miami Shenandoah Neighborhood Association for many moons ago. But I live a block away, and I have two kids, five and six, and we find ourselves when they're in the swing age, and, you know, little playground stuff, driving to Kennedy Park, driving to Wainwright Park. You know, is that the idea, the City you want; is for people to actually have to drive their kids when they can just stroll them down the street, stroll them a couple blocks away? Do -- stuff like that? So I think that this makes the neighborhood -- both neighborhoods, 'cause you got Shenandoah on one side and the Roads on the other. And, you know, we're without anything. I mean, we're the two closest single-family neighborhoods to downtown, and

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you've got Triangle Park, and you've got Shenandoah, and nothing in between. Simpson Park is off to the side, and Domino Park is not really a park so -- a park like this. So I think that this adds to the entire neighborhood. I think that the -- you know, the kids -- the parking issue -- this is a walkable, ride-the-bike-to park, and that's the idea behind building a park like this. And the properties before -- Commissioner gave a good idea of what they were. But I remember seeing the one in the middle on Channel 7 as a house of filth. I mean, you want to talk about conducive to doing drugs, these abandoned houses are that. So I don't know how anyone can truly be against building a park. And if you have kids who like to swing, and you want them to run around, this is perfect for this part of town. So, you know, I'm giving my support and thank you very much.

Chair Gort: Thank you. Next.

Erick Aracil (As translated by Deborah Spector, Spanish Interpreter): Hello. My name is Erick Aracil. My address is 1275 Southwest 15th Street. I'm within the 500 feet that were mentioned for today, this evening. I'm within the 500 feet of the zoning change that's being proposed, and I am completely opposed to it. That's all I have to say.

Chair Gort: Thank you. Next.

Alex Suarez: My name is Alex Suarez. I live at 1231 Southwest 14th Street. My house is -- actually, you saw it on the diagram. I'm directly impacted by this park. My neighbor's house directly abuts the park, and already, before they've broken any construction on the improvements of the park side, it's already impacting our neighborhood. The new spotlights that they've put in the neighborhood are already shining into my backyard, so we're already being affected at this stage in the park. And outside of the one gentleman that lives in the neighborhood, every single person that has spoken up to now in support of the park is from another neighborhood outside of the Brickell Estates Neighborhood, so all of them would be having to drive to our neighborhood, to park in our neighborhood. So what he said about driving to the other neighborhoods is going to be affecting us from a logistic standpoint, as well. And as well as the individuals that spoke earlier, all of them mentioned and read of how beneficial it is to have green space in a neighborhood, and I really want to thank the committee for trying to put additional green space in this neighborhood; however, this in no way, shape, or form can be considered green space. And Carollo was very nice to come out to our community and speak with us in person, and he asked us exactly what we want. Although the majority of the community that is here is opposed directly around it, I was in favor of the park, and thanked him for trying to do so. However, in speaking with him, I addressed the renderings of the park, and explained to him that a nice, natural park, with grass and palm trees would be conducive to a nice environment, a nice family environment. And his words to me, quote, were “You're not going to get that, but you're going to like it.”

Commissioner Carollo: Mr. Chairman.

Chair Gort: Thank you. Yes.

Commissioner Carollo: Listen, what I will not do is allow people, especially in City Hall, with the decorum that we have always shown here, to take words out of context and things that I have not said. I can tell you this, I can tell you this, why it's taken out of context, because at that same time, you also mentioned parks in Coconut Grove that you will like that to be fenceless. And I'm sorry, but I don't think we're ready to have a fenceless park here.

Mr. Suarez: I never requested a fenceless park.

Commissioner Carollo: Okay, I'm not going to get into the details, but I'll tell you this: This is about a change from residential into parkland. As far as what's going there, and what's going

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on, and what type of park, listen, there's a process for that. Francisco has said, I have said, listen, we will welcome going to the community; we will welcome speaking with you; we will welcome showing, you know, what we're thinking, the rendering, the this and that. It's still a -- realistically, nothing is a done deal yet.

Mr. Suarez: Correct me if I'm wrong. But once you are able to attain the zoning change, the decisions for what you're going to be putting in place will be strictly administrative; we will not have input.

Commissioner Carollo: I would like to --

Chair Gort: (UNINTELLIGIBLE)

Commissioner Carollo: -- I would actually like to leave all questions to answer after everyone speaks. However, this one, I think, needs to be answered, because that is not the case.

Mr. Suarez: Okay.

Commissioner Carollo: It is not strictly administrative. And you should know this, because you went to the PZAB board meeting, and he -- Mr. Garcia has mentioned it like -- at least four, five, six times.

Mr. Suarez: Actually, I asked him, and he concurred and confirmed that it would be an administrative decision.

Commissioner Carollo: That can be appealed to the PZAB and to this City Commission, so we could have the public --

Mr. Suarez: Correct, at additional cost to the residents.

Chair Gort: Excuse me, I'm not going to have -- wait a minute. I'm not going to have argument back and forth.

Mr. Suarez: Okay.

Chair Gort: This is why --

Mr. Suarez: Well, thank you very much for letting me speak.

Chair Gort: Appreciate it. Everybody'll get a chance to speak. All the questions that will come up, they'll be taken by us and they'll be answered by Administration; they'll be answered by the Commissioners.

Commissioner Carollo: And Mr. Chairman --

Chair Gort: Yes.

Commissioner Carollo: -- I can assure, I can assure you that there will be further discussion with regards to what goes in there. As a matter of fact, Commissioner Sarnoff, you've gone through this when -- I was here supporting 1814. And what happened? After all that work, what was someone saying? “We don't want the green space. We actually want something for our kids to play. We want more playgrounds, we want this, we want that”; you remember? So, I mean, it gets to a point -- and that's why I want to leave everything to the end, because right now, if you're worried about drugs, well, with (UNINTELLIGIBLE) in place, you can't throw a baggy in the floor; you could see it. If you have a playground, you have parents there as opposed to

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grass. So there's -- you know, there's debate back and forth, but that's not what this is about. This is about turning it into parkland, and then we will have that debate in the future, you know. We will have the warrant, and we will have that debate.

Chair Gort: Yes, ma'am.

Albertina Hernandez (As translated by Deborah Spector, Spanish Interpreter): My name is Albertina Hernandez. I live at 1231 Southwest 12th Court, a half a block from the supposed park, okay? And I want to say that I do not agree and the neighborhood does not agree with something like this, where the kids will go and play a lot, but we'll have the drug addicts, the bums, like the way 13th Avenue is now, and you can go by there at night and see how it is; even climb up the trees and throw things, and all the neighbors here say the same. We don't need this. It's a pretty good neighborhood, but with a park there, we're going to have this problem. I'm very sorry, but I have to say what it is.

Chair Gort: Thank you.

Ms. Hernandez: Oh, wait, something else: Three letters to come today on three different dates. We got certified letters, and I had to go to 27th Avenue and wait a half hour or an hour on the line at the post office to get an appointment that later they send another one for another day. The next time, I won't come. But I want you to know that the majority of the neighborhood is opposed to a park there. You could have put the NET, which is what was supposed to be there, because we need more surveillance in the park. Thank you very much.

Chair Gort: Thank you. Next.

Unidentified Speaker: No, go ahead.

Raisa Fernandez: Hi. My name is Raisa Fernandez, and I live at 1835 Southwest 12th Avenue for the past -- I've been here, a resident in that area of Little Havana for the past 50 years.

Chair Gort: You're a native.

Mr. Fernandez: Uh-huh, almost a native, yes; 1962, in that area. And I would agree with Commissioner Carollo and people that have supported the park. You know, I agree -- I don't know the whole plan, I don't know what it looks like, really, but I think that we do need more parks, and we need more green space, and the kids need it. I drive a school bus for the past 30 years in Little Havana, and I see the need for the kids to have a place, a playground, an area to play. I just passed by this afternoon -- I pass every afternoon to the mini Grove park on Northwest 9th Street and 16th Avenue, and I don't see -- and, you know, sometimes, I have a little time, and I let my two or three kids play a little bit there with me, and I don't see no drugs, I don't see no -- anyone doing anything wrong there. And also, someone also said about Triangle Park. We stop there like in the afternoons, and I see kids playing, and I see basketball playing; I don't see no drugs. And I think that park, I don't think there is a problem with traffic that much, because right now, I live on 12th Avenue. I have a lot of traffic, and a lot of, you know, racing around. So I support the park, and I support green areas, and we need -- in Little Havana, in Miami, we need more in that area. We need more parks.

Chair Gort: Thank you, ma'am.

Ms. Fernandez: Appreciate it. Thank you.

Chair Gort: Thank you. Yes, sir.

Dimio Delgado: Hi. My name is Dimio Delgado. I'm living on the 1275 Southwest 15th Street;

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just on the feet, on the 500, okay and --

Chair Gort: Speak into the mike, please.

Mr. Delgado: -- the 500 feet, okay, around this change of zoning. Mr. Carollo, okay, I approve, okay, what do you want to do it, but I don't approve the way that you want to do it. The change of zoning, okay, the use of -- to put a park there don't have to be a change of zoning. You can do it by special exception. That's true, Mr. Garcia? Okay, but you have to show plans. So this is a change from zoning to fit plans; no plan to fit zoning; that's why I'm disagree with that, okay. If the change of zoning is approved on the warrant, the one Mr. Garcia is trying, as the director of the Building & Zoning Department -- of the Planning & Zoning Department, okay, you don't have to provide any plan to the Planning & Zoning Board. You don't have to provide to the City Commissioner any plans, either the neighbor, and we don't have to be, okay, call to see what's going on, okay. And worse than that, the Planning Department can approve under special exception everything that they want it or that the Mr. Carollo want it, okay? And don't have to notify anybody, okay. So the Planning & Zoning Board, the Commission, does not have to know what's going on to the build on this piece of land, either, okay. The most affect, we, the neighbors, is the playground is done. So at last, this plan and this construction will be something between Carollo and the Planning & Zoning Department. Everybody is out this plan. Mr. Commission, we know that the City of Miami is trying to improve it, our neighbors, okay. That is why I am here in favor to develop this site as a park, but as a public park, pero I have some recommendation. One of them: The City has to comply with the City of Miami 21 Code. It cost a lot of money. He will have to work with it, okay, with no exception. New park has to be a green park, plenty of grass, okay, with big tree and a lot of bench. New park have to provide parking space, okay. We request the plans or the preliminary for that, and nobody, even Victoria knows, okay, can nobody -- okay, so bring me the plans or show me the plans, okay. Okay, the park have to comply with parking space, one, for a thousand square feet of the land, no inclusion of adjacent neighbors, because they don't have to pay, okay, for some crazy idea, okay, will be permit. So in (UNINTELLIGIBLE), it have to be through the 12th Avenue. Park should be an open park, no fence at all. This, okay, is an animal cage, okay? This is an animal cage.

Chair Gort: In conclusion.

Mr. Delgado: It's ugly. And the last one, no recreation or exercise equipment will be higher than four feet to avoid visual intrusion on adjacent neighbors. Equipment will be minimum and devoted to children exercise, no a Ronald McDonald playground. Plan must be approved by the City Commission. This why (UNINTELLIGIBLE).

Chair Gort: Thank you. Next.

Albert Milo, Jr.: Good evening, Commissioners. Albert Milo, 2100 Southwest 4th Avenue. I'm usually in front of the Commission promoting one of our projects, but tonight I'm here as a resident of the Roads neighborhood; lived there since September of 1997, so got four kids, one grown man now, but three of my other kids are here today; two daughters and my little one, I think, is sleeping there. But first, I think that it's hard to debate the fact that what was there before was an eyesore for the neighborhood. It's -- the pictures clearly depicted what was there. I think the debate should be -- and even, if I'm -- most of the folks that are concerned about the park are concerned it seems to be about what type of park is going to eventually end up there. So I think that you're going to have to have that open dialogue that you mentioned before. I think, I mean, you know from the previous meetings you held that in the neighborhood when there was a crime spree that you have an active old, established neighborhood there on both sides of 12th Avenue, between the Shenandoah side and the Roads side. So I think that the first step is to promote and hopefully this Commission does follow the District Commissioner's lead as far as creating additional open space for the neighborhood. And then, you know, we'd like to have the opportunity to have ample debate with all the neighborhood and see what is the right

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type of use for that space, you know. I think you've heard it on numerous times. I got plenty of things to do on my plate, but if you'd like and you need somebody to help promote that dialogue in some fashion in the neighborhood, I'll gladly donate my time to try to find consensus within the neighborhood to find the right balance, and the right type of park, and the right approach for developing a park there. Thank you.

Chair Gort: Thank you. Next.

Eloy Aparicio (As translated by Deborah Spector, Spanish Interpreter): Good evening; all respect to all the Commissioners here. My name is Eloy Aparicio. I live at 1333 Southwest 13th Avenue. As you know, some days ago, there was a Zoning meeting here, and we were here until midnight to talk about the change of zoning in the area. As you know, I've been living in the area for 30 years, and I'm head of the Chamber of Commerce of 8th Street. I've always fought to improve the neighborhood. Some years ago, we had a Commissioner, Commissioner Sanchez, who came up with the 13th Street Park idea. We thought it was a nice idea. And after some time, we were talking with him about whether the City was going to take care of maintaining and cleaning the area. Now we're seeing the results. And now, what happens is we have an area with unsavory characters. They sit in front of your house, and you don't know if they're going to mug you; unsavory people. That's all. Who's going to be opposed to a park on 12th Avenue and 13th Street? Nobody's opposed, because people have children, people have grandchildren, and they want what's best for the children; that's normal. But who came up with the idea to change the zoning so that some kids could have things to play with there? Mr. Commissioner, when you came on TV (Television), they gave you an opportunity to leave your Commission and gave you not one, but two. Now you have this opportunity to oppose the TV and that way, we will respect you and love you for the rest of your life. Thank you very much.

Chair Gort: Thank you. Let me tell you, every statement you're making here is being taken, and it'll be answered towards the end. Okay, thank you.

Mr. Aparicio: Thank you. Thank you very much.

Luis Garcia: Good evening. I'm Luis Garcia, 1131 Southwest 4 Avenue. I'm here to support the park project, because I see how the kids, they enjoy the park, Triangle Park. I see how many kids that are going there. I don't see a lot of -- I see the traffic around there, but it's no because the kids. I see the traffic, because it's an important street there. I see the families walking from the Roads, from Brickell. My son goes every day, and the most of the time on weekends, too. So we need parks in the area. If you look the area, I been living for 10, 12 years in the area, and always being questioned, where are the parks? Why the City doesn't have parks in this area? Last year, with the support of Commissioner Carollo, Triangle Park was replaced, it was upgrade. We have a beautiful park today. But we need more parks. So that's why we're here, to support that. That's why we're here. The most of the time, we never take the car to walk our kid there, and we will do the same thing. And I think the families around there, they just walk, you know. You don't want to take your kids in the car and just -- you just want to get in the bicycle, or just want to walk and go to our park. So I'm here to support Commissioner Carollo in that agenda. Thank you.

Chair Gort: Thank you. Next.

Ricardo del Rio: Good evening. My name is Ricky del Rio. I live at 1410 Southwest 17th Terrace. I've lived in this neighborhood my whole life, since the age of four. I grew up there. I remember, as one of the previous speakers mentioned, the long walks to Shenandoah Park. I did those long walks. We used to go -- we used to have to go play at Coral -- I went to Coral Way Elementary. We used to have to go play at Coral Way Elementary. The park back then, it wasn't secure, and you were able to sneak in through the fence and go in there and play, which was great. Now, I moved -- I had moved out of the area for about four or five years, in which time, I

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had a family. I have three sons; one is 11; the other, 9; and the other, 3. I love the school, Coral Way, so I decided I'm going to move back into the area. So I moved back into the area. My kids are in the school. I'm happy with the school. Keep in mind, I came from the Gables, so I was used to -- my children were used to going to Salvatore Park. You know, we just take a walk, and that was it. We were at the park all the time, the youth center, and now my kids are just home all day. And the reality of the thing is I don't -- you know, it's -- you know, for us to get into the car and go out, you know, to the Grove and take them to the park is -- you know, it's time-consuming. So I'm in favor of the park. I think the neighborhood needs it. I think the neighborhood's been changing. I know the neighborhood really well. A lot of the houses, at least on my street and in the area, have gotten remodeled, new people have moved in, younger people with children; older people, you know, I've seen -- and it's funny, 'cause since I've been there so long, I know the older people, and I -- you know, and I've seen them come, and now I know the new families that are in the house. So, you know, I'm in support of the park. Thank you.

Chair Gort: Thank you. Next. Ms. Fernandez: Hi. Good evening. My name is Raisa Fernandez, and I am 1020 Southwest 7th Street, Apartment 9, in Miami, and I'm here to support a park space or open space. I do see that there is concern in reference to the design and the planning of the park, and I think that it is for us to debate that; to sit down as neighbors and residents of the City and plan it out. I think a great park and design by the people will make a great asset to the neighborhood. It shows in very -- in many different places of the City that when you have park space or open space close to the homes, the values of the houses increase, and it's an asset. You go to the Grove, Key Biscayne, and there's parks in walking distance from the neighborhood. So I support an open space or a park. I think that the design is for us to be up for debate, and I hope that we can make this work. Thank you.

Chair Gort: Thank you. Next.

Arleene Suarez: Hello. My name is Arleene Suarez. I live at 1231 Southwest 14th Street. First, thank you guys for your continuous efforts to improve our community. I am 100 percent for the park. I'm in favor of a clean, nice green space. I am not in favor for anything that would look remotely close to that. All I ask is that you take into consideration all of our concerns and try to involve us somehow in the planning of the park; just to listen as much of our opinions -- 'cause I know that it's very hard to deal with people, and everybody's going to have an opinion -- but as much as you possibly can. We're starting a family soon, and I think it'd be fantastic to have a park literally two houses away from my house, but I'm worried about parking. I'm worried about all the things that everybody has said today. So all I ask is that you take everything that's said into consideration. Thank you.

Chair Gort: Thank you. Next.

Raul Morales: My name is Raul Morales. I moved from Hoboken, New Jersey, to this area in 1970. I'm 53 years old now, so I went to Coral Way, Shenandoah, and Miami High. Growing up in that area, there was just nothing; there were no parks. There was just no place to go. I either had to get on my bike and -- I actually got hit by a car twice -- go to Shenandoah Park or go down to Triangle. My boys, who are now at college, never had a park to play with. They either played in the street or I accompanied them to Shenandoah Park, and then that was about it; that's all we had. Now, that young lady just took my thunder. I agree with what the said; get together with the community and design something with a lot of green space, and a lot of play area would be beneficial to the neighborhood. What was done on 13th Avenue, it's fantastic. I go jogging there every morning at 5 a.m. I don't have a problem with it. You're going to see people of all types all over the place. I grew up in the inner city in Hoboken. I was a kid back then. You see all types. As long as the neighborhood sticks together, everything will be fine, and you take care of your own. Thank you. Have a nice evening.

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Chair Gort: Next.

Frank Lengyel: Good evening. My name is Frank Lengyel, and I live at 1270 Southwest 14th Street for the last 30 years. Commissioner, the reason electricity was stolen from the abandoned building is because the City abandoned the building. If you wouldn't even abandoned it, they would not have been able to steal the electricity. That's my concern with what you want to do now, because in the past, you have abandoned that property two or three times, or handed it over at dollar annual leases to private enterprise. If that happens now -- don't -- you shake your head but you --

Chair Gort: Excuse me, excuse me.

Mr. Lengyel: I'm sorry.

Chair Gort: You're addressing the Commission.

Mr. Lengyel: I apologize.

Chair Gort: You're addressing the whole Commission.

Mr. Lengyel: I apologize, I apologize. It has been abandoned. If you abandon it again, or you decide to sell it back to the private sector, then it goes to the next highest intensity, which is a T4. Yes. It's T3-R plus the next highest intensity, so it'd go to a T4, and that would allow for a three -- well, this is what your Planning director said, so we'll just go with that for now and then he can answer after. You didn't say that? You didn't say you can go to --

Chair Gort: You can answer --

Mr. Lengyel: I'm sorry.

Chair Gort: He can answer that (UNINTELLIGIBLE).

Mr. Lengyel: Please make that a question, because he did say that it could go to a three-story building. So this is my concern, because the City has problems with maintaining stuff all along. You can see these parks. I'm not opposed to the park. The park is a great idea. I'm opposed to the City's inability to maintain what they start for the long term. And they've proven at that site over and over again its unable. Number two, the parking concept, when we met with Mr. Garcia, was that the people would park on the east side of 12th Avenue; you would erect some kind of crossing; again, more metal that we really don't want, but you would erect it, and the people would walk across 12th Avenue to the west side and go to the park. If you're a parent with a van load of young children, are you going to park on the east side of 12th Ave. and walk your kids across, or are you going to park in the residential neighborhood? I think we all know the answer to that question. So my next question was: How do we solve the people parking in the residential neighborhoods? That -- the answer was, “We'll put up 'No Parking' signs.” But if you drive along where Silver Bluff Park is, and look at how the street looks today. There was a park put in the residential neighborhood, and all it says all along both sides of the street is “No Parking This Block” every 15 or 20 feet. That's what we don't want. And we certainly -- I know there's a process, and I will ask -- Commissioners, please, ask Mr. Garcia to address this: Does the land need to be rezoned to put a park, or does the land need to be rezoned to put that? There's a difference between the two. If you don't need -- if we have something like this, why can't we do it with a gym or something that the kids can climb on? No problem at all. But that is not what we're looking for, and I would please ask that you somehow -- as Mr. Sarnoff did with the other project, he was concerned because there wasn't enough information. He wanted to make sure that it happened and that there was proper protection to make sure that what was presented on all those posters happened. What kind of guarantee do we have that what -- that

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we're going to get the input -- I'm sorry -- that we're going to get the input. Thank you very much. Have a great night.

Chair Gort: Thank you. Next.

Miguel Morales: My name is Miguel Morales. I live for 42 years in 1401 Southwest 13th Street. I approve the park, and I'm with Mr. Carollo for that idea. Thank you.

Chair Gort: Okay, next.

Anneliese Morales: Good evening. My name is Anneliese Morales; no relation to Mr. Morales. I am the Little Havana Community Advisory Committee chair, so this is a very, very important issue to District 3, Little Havana. I actually reside in the Roads. My children went to St. Peter and Paul, and I do support -- I am a supporter of the park zoning. I feel that we do need to have more conversation about the design. I don't think that that's what this is about right now. This is about whether or not we have the ability to create more park space, and I think that's what we need to focus on. I do think that we do need to have more open conversations with community members so that there is a common consensus and that everybody's -- we're not going to be able to please everybody, we know that. But we do need to take into consideration traffic issues and walkability and that the park is properly implemented; not just this park, but other park spaces in the community, not just in the Roads; in Little Havana in general. And so that's basically -- I'm here to support the proposal. Thank you.

Chair Gort: Thank you. Next.

Ms. Morales: Oh, and I also wanted to add we also are in partnership with Connect Familias, which is the Little Havana Community Partnership, and on behalf -- as a host counsel member for that organization, I can also say that we support more park space.

Chair Gort: Thank you, ma'am. Next.

Chuck McEwan: Good evening, Commissioners. My name is Chuck McEwan, and I've lived in the Roads now for about 23 years and in the area for 51. I'm totally for this project. You know, people have issues with whatever that drawing was. That can be handled; that's not really a problem. I'm sure Francisco will take care of the fine details as far as that. I -- you know, I've worked -- crime-wise, this is not a problem. I was a police officer for 20-some-odd years. You know, I lived in the area. I worked for the City for free, thanks to Commissioner Gort, for the last -- how many years ago did you put me here?

Chair Gort: Too many.

Mr. McEwan: About 18, 19 years that I've been serving on the Code Enforcement Board and/or, slash, now the Nuisance Abatement Board. You know, it's -- I know a little bit about crime, and I know a little bit about the area. This is not going to be a problem. Parking, you can solve it with “Residential Parking Only” signs, and that'll be the end to it. Then, yeah, but you just -- they need to enforce it, that's it; it's a matter of enforcement. If they put them up, people won't go there. Thank you.

Chair Gort: Yes, ma'am.

Milagros Robayna: Good evening. My name is Milagros Robayna, and I reside at 1251 Southwest 14th Street. I am four houses away from the park. I oppose the zoning change. I really just want to tell you that the so-called fence that they're going to build is going to be a magnet for graffiti, and I'd like you guys to take that under consideration, too. Thank you.

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Chair Gort: Thank you. Yes, sir.

Brett Bibeau: Brett Bibeau, homeowner, taxpayer, resident at 1801 Southwest 13th Avenue. Good evening, Honorable City Commission. I'm here this evening on behalf of my five-year-old son in support of this zoning amendment to make a new small park featuring a playground, located a few blocks from our home. My son has been excited about it since we received the mailer with the planned rendition. I don't think he'd be so excited about it if it was just open green space. I thank the Honorable Commissioner Carollo for his positive efforts to create a new needed park in his district, which, unfortunately, has the least square footage of park space in the City of Miami, which has amongst the least park space of any large city in the U.S. In addition, I would like to read and distribute a letter dated today into the record from the Urban Environment League, UEL: “Dear Commissioner Carollo, on behalf of the UEL, I want to write in strong support of the creation of a small park in your district on Southwest 12th Avenue, across the street from St. Peter and Paul. That sounds like a great idea in an area that needs more park space. The UEL supports this initiative and hopes that it can become a reality to benefit people's recreational needs. Some neighbors may be critical of crime in parks, but park design and neighborhood eyes on the park can make a huge difference in making the park a vibrant place. We thank you for your support. Gregory Bush, vice president of the Urban Environment League.” Thank you and have a good evening.

Chair Gort: Thank you. Is anyone else? Now, I'll close the public hearings to have comments from our Board Members. I think there's a lot of questions that need to be answered.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Commissioner Carollo: I think between Mr. Garcia and myself, we could answer most of the questions. I do like to begin by saying that, you know, I truly appreciate this discussion, debate. As you all know, I always welcome the discussion, and I never run away from discussion. As a matter of fact, I know many of the residents that have come out; some that are opposed and some that are in favor. I've walked most of them and I've spoken to most of them, and we've addressed a lot of these issues, and, unfortunately, it -- I'm actually glad that we're doing this here in the record, because I've already stated how something that -- let's just say there was a misinterpretation of what someone thinks that I said. Apparently, Mr. Garcia, also, there was some misinterpretation of what he had said. I can tell you that we are here working in good faith. I would not have gone and spent an hour with some of you just discussing your issues if I wasn't truly engaged, if I wasn't doing this out of good faith. And, you know, it seems like with some of the residents that are opposed, you know, they tell me why they oppose it, so I give them, “Okay, this is what might be a solution,” and then, all of a sudden, there's a new one, and a new one. It seems like there's a constant new reason why this zoning change or this park shouldn't be there, which sometimes, you know, I actually -- sometimes, I'm confused when some of them say, “Oh, we're not opposed to the park, we like the park, however” -- bam, bam, bam, bam, bam, bam, bam -- there's so many issues. But anyways, with that said, you know, listen, I welcome the discussion. And I don't know if -- Mr. Garcia, if you want to start taking some of the questions that was asked. I mean, I could take some; you tell me how you want to handle it. I think about a zoning change, you know, and with a zoning change, I asked Mr. Garcia point blank, with regards to a zoning change, if we needed it, if not, and so forth. And something he told me that made sense. And listen, I'm by no way an expert in zoning changes, I'm not. You start talking about numbers, maybe some of the finances, even public safety, yeah, I could hold my own. But I'm not an expert in zoning changes, so I yield to my Planning & Zoning director, which I think does a very good job, and I think he's reached out to most or at least anybody that reached out to us, Mr. Garcia reached out if I didn't reach out myself, or like in many cases, we both reached out. So with regards to the zoning change, he made a very compelling argument. He said, “Commissioner, you know the numbers with regards to park space in the City of Miami. Let's

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add, you know, to the park space. And in doing the zoning change, it's the correct way to actually have, you know, additional park space that it could be documented, so that's an increase.” And that was a very compelling argument, which I said, “Okay,” you know, and I said, kindly, “Francisco, then if you think this is the route of taking, let's take this route.” In the beginning of this item, I mentioned Jennings disclosure. And one of the topics just came up again with regards to the zoning, if that could then be from a TR-3 to a T4. The bottom line is, listen, I don't mind having a covenant. Remember, yes, I would agree that the property has been abandoned before and so forth. Listen, all I could say, that was before my time. When I came here, I inherited an abandoned property, and you know what? I'm doing something about it. I mean, look what was there before. If that's not for -- it's not -- if that's not conducive to crime, I don't know what is. So I'm actually doing something about it. I'm trying to better the neighborhood. Again, as far as discussion, what type of park, this and that, listen, I know already I'm not going to be able to please everybody already, because if you want more green space and trees, look what someone said. Hey, they're smoking pot on top of a tree. And if they didn't say it in this meeting, they said it in the PZ&B [sic] meeting. So, I mean, you can't have it both ways, because in all fairness, there's going to be discrepancies. So I know we can't please everybody, but I'm telling you -- and I've shown it, I've demonstrated it, especially in that area, all the different improvements that we've done. And listen, I wouldn't have wasted my time, hours and hours, going to each one of you, especially if you called me to go visit you, and spend as much time as I could with you, and it wasn't just two minutes; it was a lot more than two minutes. Some, I would say, we went over the hour; and some, it was over the phone, and then in person -- if I didn't care about your concerns. Because if I really thought this is a done deal, I could get it passed, this and that, I wouldn't have gone through all that; I wouldn't. Think about it. So I'm telling you, out of good faith, we're improving the area. You know, we'll have the discussion, we'll have debate, and it'll be an open process as far as what type of park. I know I'm not going to please everybody, and I'm saying it for the record already. I know I will not please everybody, okay? But I'll try to get the most consensus as possible, and we'll move it forward. So with regards to the maintenance, listen, back to -- you want green space and you want trees. That's a lot more maintenance than foreign place. Foreign place is practically no maintenance. And I know I'm speaking -- and I should have Parks Department tell you, but I've been in discussion enough that I know. So if you're concerned about maintenance, well, guess what? Foreign place and a playground has much less maintenance than green space and trees, you know, so it goes back and forth. And that's why I know for a fact that I'm not going to please everybody. But I will -- it will be open. We will follow the warrant process, you know. We will go reach out. And I'll speak to as many people as I have to. I mean, listen, no one has questioned my work ethics. No one has questioned my work ethics, and I will continue to go out there and try to reach consensus. I try to reach consensus in some of this, but it gets to a point that after spending hours and hours and days and speaking to the same people, which by the way, I mean, this isn't the first time we've met. Most of you I've worked with before in one capacity or another, you know, like I mentioned, from banyan trees to other areas, to, you know, maintenance and streets. I mean, 17th Avenue I think was a big deal to all of us, and that got done. And, yes, as far as maintenance, that was in deplorable condition for many, many years, and we got that done. And it was -- and by the way, it was consensus between City and County, between two Commissioners; Commissioner Suarez, myself and then Commissioner Barreiro. So listen, I reach out and I try to get consensus. I'll yield to Francisco, 'cause, I mean, I could talk a lot. I mean, I'm passionate about this issue, and I could talk a lot; and every issue that's been asked or mentioned, I could address, but I'm going to yield to our Planning & Zoning director.

Chair Gort: Before you yield, I think there's a couple of questions that's been asked and the -- versus the -- can you do the park in a special assessment, but you recommended to use change of zoning. I think you need to explain that. And we also need to know the process. I think what people would like to be is if we were going to build a park, let's be part of the idea, let's work with you all and try to come up with some models, okay?

Mr. Garcia: Yes, sir, happy to do so. So I'll say very briefly by way of introduction that we

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heard today what we basically expected to hear. We've, as the Commissioner mentioned, been meeting with and discussing this project with many of the area stakeholders, and I have to say briefly that to the extent that many of them expressed concerns that, to me, is indicative of a community that cares about what's happening in their area, and that is certainly a good sign for us, and we welcome that energy, and we certainly look forward to working with them. I have heard in many of the meetings, also, a different side of that, which is an expression of fear for the worst possible outcome. And I've been very candid with them in telling them, “Look, it is true that the City has a checkered record in terms of its maintenance of properties and in terms of previous projects that may not have gone well. Our commitment -- and we think we have had a very good record over the last few years of our tenure in terms of working with communities and bringing projects to fruition that have been well received.” And I'll say, to address a point that you've made, Commissioner Gort, that whenever there is no easy consensus to be found and whenever there has been a significant dissension, inevitably, that then ends up both before the Planning, Zoning & Appeals Board and before you as well because that is the correct appellate process. So let me then go to process for a moment. It is true that in a T3-R zoned property, which this is presently, a recreational facility could be built; that is correct. The reason that is, is the following: If a private property owner wanted to -- of a single-family residential lot wanted to develop a recreational facility, they could do so. A private property owner typically has pecuniary interests in mind, they do it as a business, and if that is the case, the City then wants them to go through an exception process, because that does require a public hearing, because we have safe -- you know, concerns that the outcome could be undesirable, and we want to have a take against that. The City of Miami, however, has no pecuniary interest, no business motivations, and in developing parks and recreational facilities in the City of Miami, we are in the business of doing that, and we hold ourselves to the standard of simply complying with the technical requirements. That is what the warrant process is for. So notwithstanding the comment that Commissioner Carollo made, which is exactly the case, we need to increase our parks and recreation inventory in the City of Miami, because as far as the State of Florida is concerned, we are in deficit. If we leave this as a T3-R zoned lot, that doesn't count in favor of the City of Miami's park inventory. If we rezone it to CS, civic space, it does. That to us makes a difference. In terms of guaranteeing what the product will be, that is what the warrant process is there for. As someone pointed out, and they are correct, that is an administrative process. What we do as part of the warrant, and many of you know this, is we check against all technical aspects for compliance, and above and beyond that, we do a design review for the appearance of the project. In doing so, we have to, we must notify abutting property owners and neighborhood associations. That is required notice, legally required notice. But above and beyond that, we have made the commitment, both to them personally and individually, also before the Planning, Zoning & Appeals Board, and also before this body, that we will proactively seek them out to work with them and try to bring forward a design result that can be -- that can have consensus built around it. Now, that gets us to the tricky part, I suppose, which is how do we build consensus? So you've heard today what we've heard previously, that there are differing opinions; again, we expect that. We're used to that process. What I've committed to them we will do is we will work with them towards the consensus. And I'd like to represent basically what I've heard in meeting after meeting, both individually and collectively, that I think most, if not everyone, can actually agree that the right sort of park would be a welcomed addition to the neighborhood. How do we get to the right sort of park? We work with you and we arrive at that place. The other point that I wanted to make, because I believe Mr. Lengyel did bring it up and I wanted to correct something he said, and I don't think he was intending to misstate what I had said, but I do want to clarify it, because it may be of concern to some. The property is presently zoned T3-R, single-family residential. Any private property owner presently could apply for a rezoning of that property. Any private property owner has that right today; the City has that right, as well as the property owner that is today. The City is, as you know, seeking a change to parks and recreation or to civic space, which is the same thing. In the event this facility, this park would cease to become a park, or the City were no longer interested in continuing to have it as a park, although I will note again for the record that the City has a no net loss park space policy which prevents us basically from doing away with park space, but that could change, too,

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admittedly. So if that were the case, the concern that I think expressed by Mr. Lengyel both today and in previous meetings is, well, then, wouldn't the City be well served by up-zoning this property and selling it for a profit? Because after all, the City wants to replenish its coffers. Could that happen? It could. Is there a way to address that? There is. And the solution I've proposed -- and there may be others -- is that we might consider entering or proffering to ourselves, to this body a covenant whereby any change of zoning, if it were not to continue to be a park for who knows what reason, would revert back to its single-family residential status. And that would basically keep the property whole and enmeshed in the single-family neighborhood that exists. That is something that's very accessible and certainly is well aligned with our intent in the first place. So I had mentioned it as part of my presentation, and I mention it again for your consideration; it's certainly something that we can do. A couple of other issues that have been addressed, although these are, I think, issues that are more properly addressed through the design process and the consensus-building process. There is concern about parking and how that might be handled. It is true that we have proposed a couple of potential solutions. I have said to them and I repeat to you that it would be our preference not to add to the parking inventory that exists, precisely because that might have the effect of bringing people from outside the neighborhood and creating additional traffic that may not be compatible with the character of the area. That said, if it were to be perceived that parking is an issue and that parking becomes a problem and there is spillover-parking into the residential areas, there certainly is space available on 12th Avenue, which is a major thoroughfare, to allow for additional parking to be put in place there. It existed there before; it could be placed there again. There are then concerns about potential safety and crossing the street; we've also addressed that. But I think I'll sort of short-circuit that conversation and suggest to you that for any one problem that many have brought, there's probably a very good solution, and that solution is to be worked out in a group, so instead of dealing with them here today, what I would respectfully ask and we are recommending is that we be given the opportunity to work with the neighbors to come to a consensus as to what the proper design for this park is, and we will have ample opportunity to deal with each and every one of those concerns, which are, by the way, very valid.

Chair Gort: Francisco, will you also explain that this is a little different from the Zoning Board; the Zoning Board makes the decision, that's it; that this is a first reading, and then it has to come back to the second reading, and we're going to have an opportunity --? I'm sure the Commission will have the opportunity after the first meeting [sic] to go back to the community. We have taken a lot of the questions, and I think we will be able to get together with them and answer the questions they have. That's part of the reason I asked you to answer, so people understand what the process is. Thank you.

Mr. Garcia: More particularly, sir -- and I'll just elaborate on your statement. We've made the following commitments, and I wanted them to be on the record today so that they can be assured that we intend to follow through: We made before the Planning, Zoning & Appeals Board the commitment to that board that prior to issuing a warrant, we would schedule as an item for discussion before the Planning, Zoning & Appeals Board the design so that they would have the ability in a public meeting to have that issue considered. We were not able to -- because we simply can't -- cede authority of approval to the Planning, Zoning & Appeals Board because it is actually their duty to hear an appeal of the warrant should it be issued. That, I hope, was explained satisfactorily, but that simply is the case. That commitment was made at the Planning, Zoning & Appeals Board. I lose track, but I think a couple of days ago -- it may have even been yesterday at another meeting that we had in this location before the Roads Neighborhood Association -- we made the commitment that we would be proactive in reaching out to the group that was present there, and anyone else who might be concerned, to have a workshop in which we would solicit input and involve everyone who cares to be involved in the design process prior, of course, to issuing the warrant. So those are commitments above and beyond the requirements that are already in place. In terms of requirements that are already in place, if a warrant should be approved, which is required prior to the finalization of the design, if a warrant should be approved that is objectionable to any number of people, they have the recourse then to appeal it

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to the PZAB and subsequently to this body, as Commissioner Carollo stated.

Chair Gort: Okay. Sorry, sir, the public hearing was closed. What I'm trying to say is this is the first reading. I think what I heard from all of you, and I think all of us heard from you, is the -- we explained the difference in why it cannot be from a special assessment compared to the change in zoning. At the same time, you can put documents that if at any time this property for some reason, which I know the City would never sell the park or take away a park, it would reverse back to the single-family home, so at the same time, parking is something that we'd have to sit up and work together. You have an opportunity. And what I'm asking the Commissioner is to get together with all of you. I know -- and the one thing that's for sure, once you sit here, you learn you're not going to please everybody. So the idea is my -- the biggest concern you all had is about the type of park, the type of activity or park, what's going to happen in that park, which is -- my next door to me, it would be the same. But I'm sure you can all get together and come up with the conclusion. I can tell you the Commissioner has been fighting for green area in that area for a long time, and that's all I can tell you.

Commissioner Carollo: Mr. Chairman.

Chair Gort: Yes, sir.

Chair Gort: I want to address a few more issues that was mentioned. With regards to parking, again, there is different ways that we could go with that, and Francisco mentioned some of it. As far as additional parking in 12 Avenue, we're not sure if that's good because of potential increased parking spaces for people outside of the area to come. At the same time, safety; there is a crosswalk right there that if you press a button, a red light comes on, a red traffic light. And then if the -- if there are issues with people parking on 13 Street and 14 Street, I have expressed it; however, no -- and everyone seems to have forgotten that I have expressed it. I never mentioned anything about “No Parking” signs; however, I did say that, yeah, we could potentially do residential signs. And some people then mentioned, “Yes, but that's going to cost us $25 a month” -- I'm sorry -- “$25 a year.” And I said, “Well, we'll see if that could be waived or not,” or so forth. So, I mean, every issue that has been brought to our attention, we have had ways to resolve it. Again, not everybody is going to be happy with everything. The one issue that I heard for the first time here was the fence and magnet for graffiti. Okay, let's discuss that. First of all, I will not -- I have not and I will not be afraid to move the City forward just because of what's been happening or what has happened in the past, and afraid of us not being able to be public servants from all areas -- from Police to Fire -- and be able to maintain and know that in the future, we can maintain different locations and different things. For example, you know what? That was the same argument that was made against a Coral Gate fence in District 4 when I was sitting here. And you know what? You saw all the residents from Coral Gate here the other night. Ask them if there's graffiti in Coral Gate's fence. There is not. So I refuse to be afraid of what could happen. By the way, the two neighbors directly abutting those properties -- and, yes, I know there's a little piece of another neighbor that abuts that property, but the two major neighbors that abut that property, one of them behind what used to be the NET office, which now we're calling a community center, but maybe a community center and also a NET office -- that lady is total agreement with this. She's actually extremely happy that we're going to do an eight-foot fence; her and her family. The other neighbor, I have not been able to speak to that person. I've reached out, but I guess they haven't been home. But I can tell you this: Our CIP (Capital Improvements Program) Department has been working with that property owner, and from what I've heard, is extremely happy we're going to put an eight-foot fence, because he's not going to have to do it or pay for it. So there has been dialogue, and, you know, we're just not seeking to cause more obstacles and more obstacles. We're working at fixing obstacles or going over obstacles. So that was the one issue that I heard that I hadn't heard before; all the other ones, I have heard. I think we have brought up reasonable solutions that can be done. And again, Commissioners, very simple, this is just a zoning change from R-1 to parkland, park and recreation. After that, there is a process to see exactly what's going to go

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there. And I'm sure, as Commissioner Sarnoff will tell you, not everybody's going to be happy, because I have to admit -- and I knew the person that actually was extremely upset that you had this and not that, you know. I knew that person, and I was actually a little surprised of what a strong argument and a strong fight he put; especially, you know -- and I guess what I first thought is Commissioner Sarnoff has fought hard for that park. And then, out of the blue, you know, hey, it's not good enough. And you don't make everybody happy, and in all fairness, you know, I can tell you this: I'm going to reach out to everybody and I'm going to try to reach consensus. As a matter of fact, I -- at the start of this, I spoke -- I said that to a few people and maybe I was ignorant to think that I could reach consensus, you know -- and I was asked, “Commissioner, you usually walk door to door, you're usually out there. You haven't done it this time.” And fair enough, you know. I mean, there's a lot of stuff we're dealing with. I mean, today wasn't just about this issue. We had all these other issues that we had to deal with, that we have to prep for, that we have to study, that we have to read, you know, so our time isn't always as abundant as I would like it to be. But I mean, I was ignorant enough to say, “You know, listen, I'm going to try to reach consensus. I'm going to hope that, you know, the majority of the residents, if not all, can see that, listen, look what we had before to what possibly we could have.” And with that said, listen, in good faith, I will reach out again. Mind you, two different processes. This is changing into parkland, and then what type of park. Again, I could already tell you, not everybody is going to be happy with what type of park. That doesn't mean that it's a done deal. That doesn't mean that I'm set on this type of park or that type of park. We'll debate it. But just the issues you have, I could tell right now, it's going to be very hard to find consensus. With that said, I move this item with the covenant, and I'll yield to you with exactly the covenant, probably to address Mr. Lengyel's issue, which when I spoke to him, I said I didn't have a problem with that. And what I -- realistically, what I'm seeking is, hey, these are the issues, let's address them, you know, but when we address them, let's address them. Let's not forget that we've addressed them and keep bringing them up, or bringing new ones, or so forth. And, hey, in the meantime, you want to bring new ones, fine, you know, like the fence, the graffiti, bring them. I mean, I'm telling you, I'm not going to run away, you know. I think the majority of the people in the district will tell you I don't. I will face them. Now, you know, we may not always agree, you know, and that's a fact of life, and I think all Commissioners here have realized that we're not going to make everybody happy. But you have my commitment that I'm going to try as much as possible to reach consensus overall. Thank you. I move the item.

Chair Gort: There's a motion by Commissioner Carollo; is there a second?

Commissioner Sarnoff: Second.

Chair Gort: Second; any further discussion?

Commissioner Sarnoff: Can I just say a couple things?

Chair Gort: Yes, sir.

Commissioner Sarnoff: First, I just want to say I had an out-of-body experience today where both Carollo and Gort became Sarnoff, and it just was good to watch them, because they had my day. And to the community, it's great to see passion. Usually, that passion is projected at me, and they sit there and they watch, and they probably go, “Wow, this is crazy,” but, you know, passion is great, and I could tell you I've known Commissioner Carollo for a little longer than he's been here, and there's no doubt that he wants a park. And the greatest thing to argue over, folks, is what kind of park it is; it's just a great thing to argue over. Now, I'll caution you something, and I call all of you to come to my home this Saturday or Sunday, and I want you to come between 2 and about 5 p.m. Blanche Park, we just didn't get parking right; I'll be candid with you. Right across -- it's right next to my home, and it's something I live with. But I'm from Brooklyn, and let me just say -- well, let me say how I feel about that. A lot of happiness in that park; a lot of smiling faces, and I can live with the fact that I've created a lot of opportunities for

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people and maybe should have done a slightly better job with the parking, and we're going to try to address that a little bit. But Commissioner Carollo's right in one respect: If you build it, they will come. So if you put the parking there, people will come. But to have a park next to your house, or to have a park within the vicinity to you, I just can't think of a higher calling a Commissioner has than to create a little private space, a little moment for each one of us as this City starts to grow and, you know, get more intense. And he was there for me on 1814. I was actually a little surprised to see his interest; now I think I begin to understand his interest. He was there every step of the way with 1814 Brickell Park, and that's the one you have there, and he's absolutely right, by the way; I didn't put enough playground in. To some people, I didn't put the right playground in. And we all, as Commissioners -- I want you to know this -- we have a vision and we sort of get caught in that vision, and, you know, it's really hard to be told -- you only get negative feedback up here. Very few people come to you and say, “Hey, great job.” If they do, they usually want something from you. So, you know, you get very little positive feedback, and you get used to that. I call it like as if you're playing in a band, you know, you're in a rock band; they have that speaker that they listen to themselves playing, and I'm sure the only thing they hear is what they're doing wrong. I don't think they hear what they're doing right. So, you know, with that said, you know, it's great to see the passion. It's great to see Commissioner Carollo's vision, and in the words of somebody who sat here before me -- Commissioner Winton -- he had an expression. He said, “I never saw anything not get better in the public process.” That kind of means you modify your vision, you work with the community, and you come out with what everybody -- not with everybody, but what the majority are trying to create. And I know Commissioner Carollo. He is very much into the majority. He'll find a solution for as many of you as he can, and I'm just glad I got to second this, because any time we get to create park space in the City of Miami, I believe some angel rings a bell in heaven and gives us all an extra five minutes on this earth. Thank you.

Chair Gort: Thank you; anyone else? It's an ordinance. Yes, sir.

Mr. Garcia: May I briefly just add for clarity's sake, and again, so that we can work on it together subsequently --

Chair Gort: The covenant.

Mr. Garcia: -- in addressing the issue with the City Attorney's Office. We then are -- the City, as property owners, are proffering a covenant to be attached to the zoning change, and that covenant will be drafted and presented to you at second reading -- before second reading; and the contents of the covenant running with the land, and to be recorded in the public records, is basically to address the fact that should this property be rezoned to parks and recreation or civic space and should it ever cease to function as a recreational facility, that it will revert back to its present single-family residential zoning prior to being sold off or prior to being put to any other use.

Chair Gort: Thank you. And it's an ordinance.

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

Mr. Hannon: Roll call on item PZ.21. Vice Chair Hardemon?

Vice Chair Hardemon: For.

Mr. Hannon: Commissioner Sarnoff?

Commissioner Sarnoff: Yes.

Mr. Hannon: Commissioner Carollo?

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Commissioner Carollo: Yes.

Mr. Hannon: Chair Gort?

Chair Gort: First, I want to thank all of you for being here. You've been heard, your message was nice and clear, and you'll get a second opportunity and a second reading. Yes.

Mr. Hannon: The ordinance passes, 4-0.

PZ.22 ORDINANCE First Reading 13-01451zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1320 AND 1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "T3-R" SUB-URBAN ZONE TO "CS" CIVIC SPACE ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-01451zc CC 03-27-14 FR Fact Sheet.pdf 13-01451zc Analysis & Color Maps.pdf 13-01451zc PZAB Reso & Covenant.pdf 13-01451zc CC Legislation (Version 3).pdf 13-01451zc Exhibit A.pdf

LOCATION: Approximately 1320 and 1330 SW 12th Avenue [Commissioner Frank Carollo - District 3]

APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on February 19, 2014. See companion File ID 13-01451lu.

PURPOSE: This will change above properties from "T3-R" to "CS".

Chair Gort: Yes, sir.

Commissioner Carollo: I move PZ.22.

Commissioner Sarnoff: Second.

Chair Gort: It's been moved; it's a second; any discussion? Being none, it's an ordinance.

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

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Todd B. Hannon (City Clerk): Roll call on item PZ.22.

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

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

Chair Gort: Thank you. Thank you all.

END OF PLANNING AND ZONING ITEMS

MAYOR AND COMMISSIONERS' ITEMS CITYWIDE

HONORABLE MAYOR TOMAS REGALADO

END OF CITYWIDE ITEMS DISTRICT 1

CHAIR WIFREDO (WILLY) GORT

END OF DISTRICT 1 DISTRICT 2

COMMISSIONER MARC DAVID SARNOFF

D2.1 DISCUSSION ITEM 13-01076 DISCUSSION REGARDING DOUBLE POLES AND PROBLEMS WITH COMCAST. 13-01076 E-Mail-Double Poles and Comcast.pdf

WITHDRAWN

Commissioner Carollo: And Mr. Chair?

Chair Gort: Yes, sir.

Commissioner Carollo: I don't know if there's any other discussion items; I don't know about double polls or anything, but --

Commissioner Sarnoff: I'm fine with deferring that. I -- matter of fact, let me withdraw it, Mr. Hannon, so it doesn't keep coming back, 'cause I think they're doing okay now.

Chair Gort: I have some pocket items, but I'll leave it for next time.

Commissioner Carollo: And the only thing, I ask just to indulge me with about 10 minutes.

Commissioner Sarnoff: Yeah.

Commissioner Carollo: So just I could prep for PZ.21 and 22, and we'll be back in to hear it.

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Commissioner Sarnoff: Okay.

Commissioner Carollo: Thank you.

Chair Gort: All right, 10-minute break.

END OF DISTRICT 2 DISTRICT 3

COMMISSIONER FRANK CAROLLO

D3.1 DISCUSSION ITEM 14-00155 FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS.

14-00155 E-Mail - 2013 Audited Financial Statements.pdf

DISCUSSED

Chair Gort: What's next?

Commissioner Sarnoff: Good question.

Commissioner Carollo: District items? I know I -- I know my district item, I would like to -- and it'll be brief -- if I could have -- well, it's not a CFO (Chief Financial Officer) any more, but I guess the CFO or the Finance director regarding our audited financial statements being issued on time.

Chair Gort: Yes, sir.

Jose Fernandez: Jose Fernandez, Finance director.

Commissioner Carollo: Same question that I've done every Commission meeting, and basically, I just want to monitor and make sure that we will issue for the first time in a long time our audited financial statements on time this year.

Mr. Fernandez: We had a status meeting with them yesterday. Mr. De Santo was actually in town and -- but right now, everyone's committed to making sure that we get it on the 31st. I mean, they're here, we're here, and we're down to a very, very, very short list of PBC (Provided by Client) items, and we expect to get those done between today and tomorrow. So at that point, it's just going through subsequent questions or anything that they have on what we've already given them. So we're expecting -- they're expected to be done with the majority of the work in the next week or two. Okay?

Commissioner Carollo: Okay. I, once again -- I will put this, once again, as a discussion item for the next Commission meeting. I just -- again, I want to make sure, because, unfortunately, there's been promises --

Chair Gort: Too many promises.

Commissioner Carollo: -- in the past, and they have not come through. And like I said many times, I'm tired of reading in the newspaper and the media about the City's financial issues, and I City of Miami Page 172 Printed on 3/24/2014 City Commission Meeting Minutes February 27, 2014

think, you know, at the very least, we should be able to issue our audited financial statements on time.

Mr. Fernandez: Yes, sir.

Commissioner Carollo: Thank you.

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 14-00213 THE MIAMI CITY COMMISSION CONGRATULATED COMMISSIONER SUAREZ ON THE BIRTH OF HIS SON, ANDREW XAVIER SUAREZ. DISCUSSED

Chair Gort: First of all, a point of privilege. I'd like to congratulate Commissioner Francis Suarez for the newborn, Andrew Xavier Suarez; I understand was 8 pounds. Congratulations, new dad.

NA.2 DISCUSSION ITEM 14-00214 CHAIR GORT RECOGNIZED FORMER CITY OF MIAMI MAYOR MAURICE A. FERRÉ IN COMMISSION CHAMBER. DISCUSSED

Chair Gort: But before we vote, I'd like to recognize former Mayor of the City of Miami, (UNINTELLIGIBLE) Maurice Ferré. Thank you for being here, sir.

Applause.

NA.3 DISCUSSION ITEM 14-00215 FORMER CITY OF MIAMI MAYOR MAURICE A. FERRÉ ADDRESSED THE CITY COMMISSION REGARDING THE RENAMING OF THE MANUEL ARTIME THEATER TO THE CHOPIN PERFORMING ARTS HALL AT MANUEL ARTIME THEATER.

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DISCUSSED

Chair Gort: Gentlemen, I have a request from the former Mayor, Maurice Ferre. He would like to address us for a few minutes.

Maurice Ferre: Thank you, Mr. Chairman. I'm glad to see that the City of Miami retains its protocol of recognizing former mayors and elected officials. Thank you, sir. First of all, my congratulations to Francis for the wonderful, wonderful news of the new addition in his family. To Commissioner Hardemon, that was my seat 47 years ago, 47 years ago.

Commissioner Hardemon: Is that why the stain is here?

Mr. Ferrer: Yeah. And I want to congratulate you for your well-earned victory. Mr. Chairman and members of the Commission, I understand that the issue of the naming of the Chopin Hall in the Artime Center has been postponed, and I wanted to just very, very briefly address you, because I know that a lot of my brigadista friends are here. When I was sitting in that chair as the Mayor, we renamed a street "Cuban Memorial Street," and your brother and I had a very, very hard time because the neighbors of the community, who were non-Cuban, thought that this was an imposition of the Cuban community on Miami; that they were wanting to change history. That was not the name of the street. Well, you know, this is a living city, and we do things logically. The Chopin Foundation is one of the premium foundations not of Miami, not of Florida, not of the United States, but of the world. You say the Chopin Contest in Poland, and everybody remembers Van Cliburn; and everybody, everybody in San Francisco, Chicago, New York, would give their right arm to have a Chopin competition in Miami; their right arm. That's how prestigious an organization the Chopin organization is. This is a nonprofit organization. Lady Blanka Rosenstiel, who is here, she and her husband -- and it was -- if it was not for her, we would not have the Rosenstiel Center of Marine Studies in the wonderful building that we have in Key Biscayne. Her dedication to this community goes without question. She is a grande dame of Miami, and we're honored always to have her. Wherever she is, she's there helping people. She's requested -- and this has been going on for a year -- that this hall be named the Chopin Hall. The reason is because it is an acoustically perfect hall. Now, I don't want to take any of the wind out of this thing, but when I was first Mayor in 1973/74, the Baptist minister of what was then a Baptist church called me and asked me to see if I could get the bishop -- the archbishop of Miami, Archbishop Carol, to buy the church. And I asked him, "Well, how much do you want for it?" He said, "$1,250,000." So I called up Archbishop Carol, and to make a long story very short, he said, “No.” I went to Paul Andrews, who used to sit right there where Johnny is sitting, and Paul Andrews said, “Mr. Mayor, what in the world do we need that church for?” And I said, “Paul, listen, you have to look into the future. This is the Cuban community, and its growing around there, and it needs a hall. It needs” -- “that community, Cuban or not, whatever it is, needs a place for people to gather and listen to music and speak.” And that's how this Artime Hall came about. It was my idea. It was my idea for the brigadistas here to name it Manuel Artime. I came up with the idea, okay? It wasn't the brigadistas that came up with the idea; it was me, and I'm saying it on the record here. And Artime's widow, who was a good friend of mine, later married Nick Worley, was a major help to me in that whole process. Now, I know this has been postponed. Obviously, it has nothing to do with Henry not getting Lady Blanka signature on a document, because, I mean, come on; you're going to question Lady Blanka Rosenstiel's word? I mean, that's not the issue. So then the issue is there's an election coming up on the Brigade, and there's a battle going on between two factions of the brigade, and what's that have to do with this? I respectfully ask that you recognize that this little small dinky thing is going to make it to the New York Times. This is not going to be a small story. If the City of Miami turns something as simple and basic as this down, because they're questioning the integrity of Lady Blanka Rosenstiel because she didn't sign a paper committing to put a new rug -- hello -- or that there's an election going on in the brigade and because there's two factions; that one side wants to do this and the other one wants to oppose it. The brigade is made up of honorable people. This is not a Ping-Pong ball to be played at this game. This is a major issue. And I submit to you that you should not put this matter off; that you should vote upon it; and that

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you should rename the hall, not the building, the hall, the Chopin Hall. And I respectfully request that you do that today. Thank you, sir.

Chair Gort: Thank you, Mr. Mayor. Unfortunately, the --

Applause.

Chair Gort: Mr. Mayor, you need to understand. This was not discussed in here. There was a lot of misinformation that was given out in the community. There was a lot of calls, even the wife of former Artime is the one that called and asked, and you have a lot of the people here representative [sic], and that's the reason why it was pulled; not because of anyone's signature or anyone has any doubt. I don't think any of us discussed any of this item. We received a lot of phone calls from the right people so --

Mr. Ferre: It's been pulled because --

Chair Gort: Thank you, Mr. Mayor.

Mr. Ferre: -- Ms. Artime requested?

Chair Gort: Yes, sir. Thank you, Mr. Mayor. Any -- ? Thank you, sir.

NA.4 DISCUSSION ITEM 14-00217 CITY MANAGER JOHNNY MARTINEZ THANKED THE CITY COMMISSION AND CITY OF MIAMI EMPLOYEES FOR THEIR SUPPORT, PROFESSIONALISM, AND DEDICATION TO MAKING THE CITY OF MIAMI THE BEST CITY IN THE WORLD DURING HIS TENURE AS CITY MANAGER. DISCUSSED

Chair Gort: PH.1.

Unidentified Speaker: Thank you.

Johnny Martinez (City Manager): Mr. Chair?

Chair Gort: Yes.

Mr. Martinez: May I say a few parting words, please? Good morning and thank you for all the generous and kind words. I don't have anything sexy to say like our former City Attorney getting married in New York, or anything dramatic like our former Parks director, “Superman.” But I will say this: In a very strange and odd way, I will miss each and every one of you. Most people count days left; I count Commission meetings. This is my last. When Jay Leno got the word of my move, he decided to follow. Leno knew the Tonight Show could not compete with the “Today Show,” our Commission meetings. I'm confident that I leave the City in a better place than the day I was appointed City Manager, which was and is my privilege and honor to serve all the citizens of City of Miami, the Mayor, and this Commission. And I want to thank Commissioner Spence-Jones for every time she said, “I can't vote against my Manager." I have been a public servant for more than 30 years, and trust me, you have the best public safety chiefs, both Fire and Police, and Chief Kemp is head and shoulders above everyone; and outstanding directors: Public Works, Planning, Solid Waste, HR (Human Resources), and basically all our directors. The key is to let them direct. They are the experts. I tried to stay out of their way, maybe just make the path a little easier and wider. Your ACMs (Assistant City Managers) are off the charts.

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Those ACMs are both Alice and Danny. I had to send them home; they spent so many hours here. When have you ever seen someone send someone home for overworking? In closing, I want to give Mayor Tomás Regalado a heart felt thanks for having the confidence in me, for submitting my name to the Commission for ratification for this prestigious job, at least the second time around. Much appreciated, Mr. Mayor and Commissioners. I have acquired tons of knowledge since June 23, 2011, the day of my ratification, a day that changed my life, but then again like they say in the Godfather, “This is the business we've chosen.” In closing, let me be clear. I will miss each and every one of the “Fabulous 5” in an odd way. I want to personally thank Frank Carollo for never letting up until I hired a CFO. Danny, you have big shoes to fill; your own. I was foolish in trying to save a few bucks. Francis, I wish you, Gloria and the newborn(UNINTELLIGIBLE) the best and a lot of Scotchguard for your ties. They're not that great, but you need to use them. Remember, there are baby changing stations at our park. Willy, Marc, and Mayor Regalado, I will miss your perspectives on issues. Keon, with little interaction we've had, in my view, they've been positive. I will also miss Jose and Alba, two of the hardest workers I have ever met. And let me be extremely honest: I will not miss Commission meetings or the Frank Castaneda e-mails (electronic). Frank is a great guy, but I won't miss his e-mails. I thank everyone for all your support in this transition for me. I would be remiss if I didn't give a special thanks to Lynn and (UNINTELLIGIBLE) for their unconditional support and guidance. And last and least, I want to mention the professionalism of our sergeant at arms. They've performed their jobs, all of them. Robert Soler, better known as “Low Lifer Number 1”; Albert Garcia, Low Lifer Number 2; Earnest, Arnie, and Alex Lamprou tied for “good guys and decent people.” This team always juggled their schedule to fit me in in the most professional and efficient way. They are second to none. Again, I thank all the employees of the City of Miami for a job well done. Also, I want to note the Commission did a great job in picking our City Clerk and our City Attorney, and that's it. Thank you, guys.

Chair Gort: Thank you.

Applause.

Chair Gort: Thank you.

Mr. Martinez: Notice, I'm on first-name basis on our last meeting.

Chair Gort: That's great. You look relaxed. You should have been relaxed all the time.

ADJOURNMENT

The meeting adjourned at 9:01p.m.

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