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Home My WebLink AboutCC 2010-04-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ,r , e lc IYfi9HP CHAU: IBrYD Meeting Minutes Thursday, April 8, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 8, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEM 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 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 8th day of April 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Marc David Sarnoff at 9: 28 a.m, recessed at 11: 45 a.m., reconvened at 2: 39 p.m., and adjourned at 5: 53 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnoff (INAUDIBLE) the City ofMiami Commission in these historic chambers. The members of the City Commission are Vice Chair, Commissioner Frank Carollo, Francis Suarez, Wedo Gort, Richard P. Dunn, and myself, Marc David Sarnoff, Chairman. Also on the dais are Carlos A. Migoya, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with the best I can do a prayer. And what I'd like to do, follow that by the pledge of allegiance, led by Commissioner Gort. I'd like to give a moment of silence, if we could, for the West Virginia miners, who we know 25 have lost their lives two days ago. At 4:45 a.m. this morning rescue workers went into the mine hoping to find four more miners who may still be alive as a result of, if you all will recall, a previous accident in that mine approximately four years ago where they created these life chambers so that in the event somebody cannot get out, they have about four days worth of oxygen, air, and food. We'll know by around noon today if the four miners are still alive. So if you could all join with me in a moment of silence for those four miners. Thank you. And we'll be joined now by the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS Chair Sarnoff My understanding, Madam Clerk, is that there are no presentations and no proclamations? Priscilla A. Thompson (City Clerk): That is correct, sir. Chair Sarnoff Okay. MAYORAL VETOES NO MAYORAL VETOES Chair Sarnoff Are there any mayoral vetoes, Madam Clerk? Priscilla A. Thompson (City Clerk): No, sir. There are none. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 3 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 ORDER OF THE DAY Chair Sarnoff Do I have a motion to approve the minutes of March 11, 2010? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF APPROVING MINUTES Chair Sarnoff The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair and members of the Commission, Mr. Manager, Madam City Clerk, and members of the public. Any person who's 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 at www.miamigov.com. 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. No cell phones or other noise -making devices are permitted in the chambers. Please silence those nows [sic]. Any person making offensive remarks or who becomes unruly will be barred from further attending Commission meetings. And any person with a disability who requires auxiliary aids or services for this meeting, please notify the City Clerk for assistance. Thank you, Mr. Chair. Chair Sarnoff All right. At this time, the Administration will announce any items which they are either going to withdraw, defer, or substitute. Carlos A. Migoya (City Manager): Yeah. Mr. Chairman? Chair Sarnoff Yes, sir. You're recognized for the record, Mr. Manager. Mr. Migoya: Thank you. We'd like to defer to April 22's item PH.2, SR. 1, and FR.1. Chair Sarnoff All right. We'll (UNINTELLIGIBLE) PH.2. Mr. Migoya: PH.2. Chair Sarnoff And that's a deferral? Mr. Migoya: Deferral to the 22nd. Chair Sarnoff Okay. And just go through it one more time. Mr. Migoya: PH.2 -- Chair Sarnoff Right. City of Miami Page 4 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Migoya: -- SR.1 -- Chair Sarnoff SR.1. Mr. Migoya: -- and FR.1. Chair Sarnoff All right. We need a motion on that? Priscilla A. Thompson (City Clerk): Yes, sir. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff We have a motion by Commissioner Dunn, second by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. Any discussion, gentlemen? Hearing and seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. CONSENT AGENDA CA.1 10-00328 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Parks and RECEIVED FEBRUARY 17, 2010, PURSUANT TO INVITATION FOR BID NO. Recreation 201178, FROM ALL FLORIDA PAPER INC., ANDRI CHEMICAL OF AMERICA, INC., CITY MAINTENANCE SUPPLY, IDEAL SUPPLY INC., INTERLINE BRANDS INC., D/B/A AMSAN, AND SAM TELL AND SON INC., THE SIX (6) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PURCHASE OF CHEMICAL AND CLEANING SUPPLIES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00238 Legislation. pdf 10-00238 Summary Form.pdf 10-00238 Bid Tabulation.pdf 10-00238 I FB. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0149 City of Miami Page 5 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 CA.2 10-00330 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2010" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $550,000, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT, FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2010 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION. 10-00330 Legislation. pdf 10-00330 Exhibit.pdf 10-00330 Summary Form.pdf 10-00330 Service Program.pdf 10-00330 Site Visit.pdf 10-00330 Internal Controls.pdf 10-00330 New Site.pdf 10-00330 Signature Form.pdf 10-00330 Compliance Review Form. pdf 10-00330 Meal Policy Statement.pdf 10-00330 Enrollment Form.pdf 10-00330 Self Identification.pdf 10-00330 User Authorization Form.pdf 10-00330 Letter. pdf 10-00330 Media Release.pdf 10-00330 Summer Food Information.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0150 CA.3 10-00329 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $49,472, FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM, FOR THE VIRGINIA KEY PARK RECREATION ENHANCEMENT PROJECT; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $49,472, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30174, FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. City of Miami Page 6 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 10-00329 Legislation. pdf 10-00329 Exhibit.pdf 10-00329 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0151 CA.4 10-00336 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $172,000, FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR THE ACQUISITION OF LAND LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FROM NON -GENERAL FUND MONIES IN AN AMOUNT NOT TO EXCEED $172,000 FOR THE PURCHASE OF 1814 BRICKELL AVENUE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 10-00336 Legislation. pdf 10-00336 Summary Form.pdf 10-00336 Text File Report. pdf 10-00336 Agreement. pdf 10-00336 Land Acquisition. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0152 CA.5 10-00386 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE WYNWOOD ARTS DISTRICT ASSOCIATION, INC. ("WYNWOOD"), IN THE AMOUNT OF $100,000, TO FUND COSTS FOR THE CREATION OF A NEIGHBORHOOD ASSOCIATION AND FACILITATION OF COMMUNITY INITIATIVES; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.882000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT DISBURSEMENT AGREEMENT WITH WYNWOOD, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 10-00386-Legislation-SUB. pdf 10-00386 Agreement. pdf SPONSOR: CHAIRMAN SARNOFF City of Miami Page 7 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0155 Chair Sarnoff CA.5, Commissioner Gort, you're recognized for the record. Commissioner Gort: Mainly, the questions that I have is do we have a budget that was put together and how those funds are going to be utilized? Chair Sarnoff CA.5, Mr. -- Commissioner Gort: I think missed it, if it's in the -- I read the contract, but I guess I missed it. Chair Sarnoff You're recognized for the record, Mr. Spring. Larry Spring: Larry Spring, chief financial officer. Commissioner, CA.5 is actually the culmination of a swap that's being done, and we do have the dollars. District 2 Commissioner has given up CDBG (Community Development Block Grant) that he has in order -- and we've taken that CDBG allocation, substituted it in a park project that had general fund funding, and we're taking the general fund funding and using it to support this contract. So the money is available, it's there. Commissioner Gort: No. I understand, but do we have a budget? How is the --? Mr. Spring: Part of the -- well, this -- part of the -- we've done this before. We did this with the MiMo (Miami Modern) Business District as well. Part of the protocol that we use to effect one of these contracts is before we fund, they sign a contract; they give us their budget. You know, we go through a funding schedule, so there is a protocol that we followed in the past and we will follow the same thing as before. I do need to put on the record that there was a scrivener's error with the original item that was distributed in the package. The account number that was listed was wrong and, for the record, that account number should read 00001.980000.882000.000.0000. Commissioner Gort: Thank you. I appreciate it. Mr. Spring: Thank you. Commissioner Gort: Commissioner, I move the item. Chair Sarnoff All right. Commissioner Dunn: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Just so you know, gentlemen, I have the folks here from the Wynwood -- let me get it right -- Arts District. Commissioner Dunn, the good news for you is about 85 percent of Wynwood is in your district -- Commissioner Dunn: Yes, sir. Chair Sarnoff -- and I'm using a District 2 allocation to try to help -- really, what they're doing City of Miami Page 8 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 is they're patrolling their streets. They are hiring some low-income folks. We just couldn't create a program to fit what they wanted to do. Anybody who knows Tony Goldman or knows Mr. Lombardi, they are probably the preeminent developers -- Commissioner Gort: The Goldmans -- Chair Sarnoff -- of what are probably the most interesting parts of America. Commissioner Gort: -- I understand; Lombardi, I don't know. I got to ask him a few questions. Chair Sarnoff Well, don't you know, every Jewish guy has to have an Italian guy, so one's the banker and the other's the strong guy, so -- Commissioner Gort: Right. Chair Sarnoff I hope you guys can support this. It is a creative way of the City giving confidence in the people that know how to do something right. It is about government not getting in the way but getting out of the way and supporting those who know how to do it probably on the ground better than any of us. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized, Commissioner Dunn. Commissioner Dunn: Yes. I had the privilege to visit one of the monthly meetings, andl was just tremendously impressed by the support base and how basically they're self-sufficient in taking the neighborhood into their hands without really requesting anything -from government. So I would wholeheartedly support something of this nature. And as you stated, 85 percent of it is in my district, andl appreciate -- Chair Sarnoff Great. Commissioner Dunn: -- your insight on it. Chair Sarnoff All right. I'd ask Tony Goldman to come up here, but we want to get done today. Tony, stay, stay, stay. It's okay. As they say, out of the jaws of victory, don't snatch defeat. But we read about you everyday in the newspaper. Hopefully, SoHo New York will come to Wynwood and you'll make us all proud of what we've done. All right, so we have a motion, we have a second. Any other discussion? Hearing known, all in favor -- Ms. Thompson: I'm sorry. You already voted. Chair Sarnoff Oh, we did? Ms. Thompson: Yes. Chair Sarnoff I'm sorry. I didn't remember that. Okay. CA.6 10-00384 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY EMILIO R. ZAMORA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $42,600, IN FULL SETTLEMENT, OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF City of Miami Page 9 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND 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 THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. 10-00384 Legislation.pdf 10-00384 Cover Memo.pdf 10-00384 Budget Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Comm R-10-0153 CA.7 10-00387 RESOLUTION Honorable Mayor Tomas Regalado CA.8 10-00404 Office of the City Attorney ssioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FLORIDA BACK TO WORK" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $78,360, FROM SPECIAL REVENUE FUND "ACCESS MIAMI" (#32-320001-01-1255-321000), FOR THE PURPOSE OF HIRING ONE HUNDRED (100) TEMPORARY EMPLOYEES FOR A PERIOD OF NOT MORE THAN TWENTY (20) WEEKS; USING THESE FUNDS TO LEVERAGE A SUBSIDIZED EMPLOYMENT OPPORTUNITY USING THE EMERGENCY CONTINGENCY FUND UNDER THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES " PROGRAM THAT PROVIDES UP TO A 95% REIMBURSEMENT OF FLORIDA'S BUSINESSES TO COVER THE COSTS OF EMPLOYEE WAGES AND BENEFITS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID APPROPRIATION. 10-00387 Legislation.pdf 10-00387 Program Guidelines.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0154 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TANGELA HUELL WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $39,500 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED TANGELA HUELL VS. CITY OF MIAMI, PENDING IN MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 08-34625-CA-05, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. City of Miami Page 10 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 05002.301001.515000.0000.00000. 10-00404-Legislation-SUB. pdf 10-00404 Cover Memo.pdf 10-00404 Budget Memo.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0156 Chair Sarnoff Now, let's move to -- congratulation -- CA.8. Commissioner Gort: Good speech. Julie O. Bru (City Attorney): Mr. Chair, on CA.8, there was a scrivener's error with respect to the name of the plaintiff that's reflected on the resolution. It's actually -- instead of Shanreka Dancy, it is Tangela Huell that we're settling with. And if you just want a brief statement on this item, this is a settlement of a tort claim involving an accident, Miami Police Department vehicle with a SUV (Sports Utility Vehicle) carrying the driver and three passengers. Chair Sarnoff All right, with the correct name now stated, do I have a motion to approve CA.8? Commissioner Dunn: So moved. Chair Sarnoff We have a motion by Commissioner Dunn, second by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Any further discussion or any discussion, gentlemen? Hearing and seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Dunn II, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff Consent agenda. Does anybody wish to pull anything from the consent agenda? Commissioner Gort: I have to pull CA.5 for questioning. Chair Sarnoff CA.5, we'll take it separately. Anyone else wishing to take any of the consent agenda items out? All right, can I get a motion? Priscilla A. Thompson (City Clerk): Chair -- I'm sorry, Chair, ifI may point out. According to my list here, I do have a modification -- a substitute for CA.8. Chair Sarnoff Let's take that out. I understand that's been modified, a substitution, so let's -- if City of Miami Page 11 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 we can, let's take a motion on the consent agenda, excluding CA (Consent Agenda) -- I think you said CA. 5 -- Commissioner Gort: 5. Chair Sarnoff -- and CA. 8. Ms. Thompson: Correct. Commissioner Suarez: So moved. Chair Sarnoff All right. There's a motion for the remainder of the consent agenda. Is there a second? Commissioner Dunn: Second. Commissioner Gort: Second. Chair Sarnoff All right, second. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. City of Miami Page 12 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 PH.1 10-00333 ORDINANCE Department of Public Works PUBLIC HEARINGS First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHWEST 12TH STREET BETWEEN 1-395 AND NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00333 Legislation. pdf 10-00333 Summary Form.pdf 10-00333 Memo of Public Hearing.pdf 10-00333 Notice of Public Hearing.pdf 10-00333 Location Map.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right, gentlemen, we'll go back to the PHs (Public Hearings). So we are moving back -- to move you back in your book, page 9 -- yeah, page 9, PH.1. PH.2 is deferred, so we're not going to hear that. PH.1, Mr. Anido, you're recognized for the record. Bill Anido (Assistant City Manager & Interim Public Works Director): Bill Anido, assistant City Manager. PH.1 is an ordinance amending Chapter 54 of the Code to reduce the zoned right-of-way from 75 feet to 50 feet for the one block of Northwest 12th between 1st Avenue and 1-395. That's the only block that's not 50 feet. Any questions? Chair Sarnoff Any questions, gentlemen? Commissioner Gort: This one ends in dead end, right? Mr. Anido: It dead ends -- Commissioner Gort: It doesn't go through? Yeah. Mr. Anido: Right. Commissioner Gort: Okay. Chair Sarnoff It's a public hearing, so let me open it up to the public hearing. Anyone from the public wishing to be heard on PH.1, please step up to the mike. Public hearing is opened; public hearing is closed, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Gentlemen, any discussion? Hearing no discussion, all in favor, please say "aye." Commissioner Suarez: Aye. Commissioner Gort: Aye. City of Miami Page 13 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Priscilla A. Thompson (City Clerk): It's an ordinance. Chair Sarnoff Oh. Commissioner Gort: It's an ordinance. Chair Sarnoff Oh, you're right. I'm sorry. Commissioner Suarez: Public hearing. Chair Sarnoff Madam Clerk -- Madam City Attorney. I apologize. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Sarnoff All right. PH.2 10-00010 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvements AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND Program CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CITY CODE AND FLORIDA STATUTES 255.0525 AND 255.20, BY A FOUR -FIFTHS (4/5th) AFFIRMATIVE VOTE, FOR THE PROCUREMENT OF A PREVIOUSLY INSTALLED FURNITURE PACKAGE AND FURNITURE ELECTRICAL INFRASTRUCTURE, IN THE AMOUNT OF $1,255,038, AS AN EMERGENCY PROCUREMENT; FURTHERMORE, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CITY CODE AND FLORIDA STATUTES 255.0525 AND 255.20, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, FOR FORTHCOMING, NON -EMERGENCY ADDITIONAL WORK, INCLUDING A SWITCHGEAR UPGRADE, TECHNOLOGY BOARDS, MEMORIAL SIGNS, AND TACTICAL TRAINING MATS, IN AN AMOUNT NOT TO EXCEED $104,383; AUTHORIZING THE CITY MANAGER THE PROCUREMENT AND PAYMENT FOR BOTH THE EMERGENCY AND NON -EMERGENCY CITY OF MIAMI REQUESTED ADDITIONAL WORK, FOR THE POLICE COLLEGE AND LAW ENFORCEMENT HIGH SCHOOL PROJECT, TO PIRTLE CONSTRUCTION COMPANY, INC., IN THE TOTAL NOT TO EXCEED AMOUNT OF $1,420,950; ALLOCATING FUNDS FROM AWARD NOS. 1261, 1496, 1095, AND PUBLIC SAFETY CAPITAL FUND 32000, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. City of Miami Page 14 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 9:00 A.M. PH.3 10-00334 Department of Community Development 10-00010 Legislation 4-22-10.pdf 10-00010 Exhibit.pdf 10-00010 Exhibit 2.pdf 10-00010 Summary Form.pdf 10-00010 Memo of Public Hearing.pdf 10-00010 Notice of Public Hearing.pdf 10-00010 Emergency Waiver Memo.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item PH.2 was deferred to the City Commission meeting currently scheduled for April 22, 2010. A sign language interpreter translated discussion of items PH.3 and PH. 4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY SHELTER GRANT CLOSE-OUT FUNDS FROM THE 2008 CITY OF MIAMI NEIGHBORHOOD ENHANCEMENT TEAM HOMELESS ASSISTANCE PROGRAM ACCOUNT IN THE AMOUNT OF $28,648.20 AND THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 2008 ADMINISTRATION CLOSE-OUT ACCOUNT IN THE AMOUNT OF $4,509.11, FOR A TOTAL AMOUNT OF $33,157.31; ALLOCATING SAID FUNDS TO THE SUNDARI FOUNDATION, INC. ("SUNDARI"), FOR THE LOTUS HOUSE WOMEN SHELTER LOCATED AT 217 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FOR OPERATING COSTS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID SUNDARI, FOR SAID PURPOSE. 10-00334 Legislation. pdf 10-00334 Exhibit.pdf 10-00334 Exhibit 2.pdf 10-00334 Summary Form.pdf 10-00334 Public Notice.pdf 10-00334 Pre Legislation.pdf 10-00334 Letter. pdf 10-00334 Budget Form.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0157 Chair Sarnoff PH.2, we have a deferral or continuance, as the case may be preferably stated. PH.3. Lillian Blondet (Assistant Director, Community Development): Good morning. City of Miami Page 15 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff You're recognized for the record, Lillian Blondet. Ms. Blondet: Good morning. Lillian Blondet, assistant director, Department of Community Development. PH 3 is a resolution to transfer ESG funds, Emergency Shelter Grant funds, from a close-out account from 2008 City ofMiami Neighborhood Enhancement Team Homeless Assistance program, in the amount of 28,648, and the City of Miami Department of Community Development 2008 Administration close-out funds, in the amount of $4, 509, to the Sundari Foundation. The total amount being transferred is $33,157.31. And this is for operational costs at the Sundari Foundation Lotus House, located in Overtown. Chair Sarnoff All right. This is a public hearing. Let me open up the public hearing. You're recognized for the record. Constance Collins Margulies: Thank you. My name is Constance Collins Margulies, and I'm the director of the Lotus House Women's Shelter located in Overtown. We serve women from all over the City. Each year we serve about 150 women and children. Since we opened our doors, we've served over 450 women and children. At Lotus House we provide a holistic residential facility that is designed to provide support, tools, and resources to women who are homeless, to heal, to build a better life for themselves and their children. In addition to free shelter, we provide three meals a day, employment coaching, counseling, a full health and wellness programming, enrichment activities, and a full range of support services for women who are pregnant and homeless as well. Lotus House serves women coming from all different directions across the City. They are referred to us from hospitals, from temporary shelters, from the family court system, and they come straight from the streets, as well. We would really appreciate your support. I have to tell you these are very difficult times. Of course, you know that, but on the streets, we know it even more so. I -- we've never seen the level of intake admission applications that we're getting right now. We really run on a shoe string. And I want you to know that I serve as a full-time volunteer seven days a week at that shelter. Commissioner Gort: Okay. Ms. Collins Margulies: We have nine staff, four of whom have come up through the shelter to help serve as resident managers and to provide services. We have counselors, a job coach. I would invite you to learn more about us this Saturday at noon. We have a food prep job training course graduate luncheon. Our women who have come through the program will be serving lunch at the shelter at noon. It's a fabulous opportunity -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. Ms. Collins Margulies: -- to learn about it. Commissioner Gort: Two minutes. Chair Sarnoff Okay. Ms. Thompson: We -- Chair Sarnoff Yeah. I -- we don't -- our timer's not working, so the Clerk -- Ms. Thompson: Right. That's why -- Chair Sarnoff -- is going to -- Ms. Thompson: -- I'm sorry. That's why I was interrupting you at the two minutes. City ofMiami Page 16 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Collins Margulies: Of course. Chair Sarnoff I understand. All right. Constance, we -- Ms. Collins Margulies: Okay. Chair Sarnoff -- I appreciate that. Does anybody else wish to be heard on PH.3? Commissioner Gort: Anybody speak against it? Ms. Collins Margulies: Pardon? Commissioner Gort: Does anybody speak against it? No. I think we're ready for a motion. Commissioner Dunn: Yes. Chair Sarnoff I don't want to -- do you want to speak very briefly? Thea Goldman: Just to say that I'm in close (UNINTET,T IGIBT ,F) Lotus House shelter. I hire the women for the WynwoodArts District Association, of which I cochair. Chair Sarnoff Please, your name for the record. Ms. Goldman: Thea Goldman. And Lotus House provides crucial amenities for homeless women, andl believe it's unique in the way that it does, and it desperately needs your support. Chair Sarnoff Thank you, Ms. Goldman. Ms. Goldman: Thanks very much. Chair Sarnoff All right. Anybody else wishing to be heard on PH.3? Public hearing is now closed, coming back to the Commission. We'll entertain a motion. Commissioner Dunn: Mr. Chair, so moved. Chair Sarnoff Motion by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Dunn, second by Commissioner Gort. Commissioner Dunn, you're recognized. Commissioner Dunn: Yes. I just want to say God bless you again. I know the work you do right in the heart of Overtown in the district, and it's especially significant because it addresses the needs of the women in our community. So God bless you. Ms. Collins Margulies: Thank you. Thank you, all of you, really. Chair Sarnoff Anybody else, Commissioner, wishing to be heard on PH.3? All right, we have a motion, we have a second. All in favor -- it's a resolution -- please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote, Madam Clerk. All right. City of Miami Page 17 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 PH.4 10-00335 Department of Community Development Ms. Blondet: Thank you. Ms. Collins Margulies: Thank you very much. Ms. Goldman: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") NEIGHBORHOOD STABILIZATION PROGRAM ("NSP") SUBSTANTIAL AMENDMENT #2008.2, AS INDICATED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO REFLECT A $1,350,000 TRANSFER OF ALLOCATED FUNDS FROM "STRATEGY A: ESTABLISH FINANCING MECHANISMS FOR PURCHASE AND REDEVELOPMENT OF FORECLOSED UPON HOMES AND RESIDENTIAL PROPERTIES" TO "STRATEGY E: REDEVELOPMENT OF DEMOLISHED OR VACANT PROPERTIES" AND TO INCLUDE THE NSP- FUNDED REHABILITATION PROGRAM; AMENDING THE NSP REVISED IMPLEMENTATION POLICIES TO INCLUDE THE NSP- FUNDED REHABILITATION PROGRAM; AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 10-00335 Legislation.pdf 10-00335 Exhibit.pdf 10-00335 Exhibit 2.pdf 10-00335 Summary Form.pdf 10-00335 Public Notice.pdf 10-00335 Pre Legislation.pdf 10-00335 Pre Legislation 2.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0158 Chair Sarnoff All right, PH.4. George Mensah (Director, Community Development): Good morning, Mr. Chair. Chair Sarnoff Good morning. Mr. Mensah: George Mensah, director, Community Development. PH.4 is approving the City of Miami's NSP (Neighborhood Stabilization Program) program substantial amendment number 2008.2, which seeks to transfer an amount of $1.35 million from Strategy A, which is providing home ownership assistance to Strategy A -- sorry -- to Strategy E, which is a redevelopment. Chair Sarnoff All right. Let me open up the public hearing, gentlemen, before we entertain a motion. The public hearing is now opened on PH.4, which is the Neighborhood Stabilization Program change. Anyone wishing to be heard, please step up behind Mr. Cruz. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I didn't have to speak in City of Miami Page 18 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 PH.2 because I was going to ask for a defer, because that never went in front of the Bond Advisory Board, never. No. We were going through the same -- it's like before. Okay, fine, it was defer. I like that. But in PH.4, I want to know information. The different -- you got the list of foreclosure homes in different district neighborhood, because I know foreclosure houses in my neighborhood, 3425 Northwest 9th Court, they still all open. They got vagrants going in there. There strip everything and nothing is done. Then the developers know about all the NSP money that's coming to the City. We want the public out there to know all this money that's our money, our federal money going to work. They take it Commission and they send it back there. And you know the NSP money, Neighborhood Stabilization Program, make sure that the people there -- I have to be informing people of all these things going on. Why should -- I don't get paid. The City got plenty of people being paid big money, big money to take care of that and advertise it. How come I have to be telling the people, you know about this? I seen people fixing their houses going to the bank. You know how the banks are now to give you money. They don't give any money. Buy a foreclosure property. Foreclosure properties are a third of the market value. They being sold in a third of the market value, but then if we got the money? I don't know who's getting -- the advertising -- advertise, go outreach. Try to get people there to apply for this money that is their money. It's not the City money. It's the federal money, the stimulus program, okay. I'm tired of people asking me you know about this? Because I don't get paid I do this pro bono. It's costing me money to be here today. Chair Sarnoff You're done? I want you to know I read your letter to the Miami Herald -- Mr. Cruz: No, no. Not only that -- Chair Sarnoff -- and l just -- I want to make sure you're done. Mr. Cruz: I don't know. No. Yesterday my dentist of 40-some years, Dr. Apfel, he has a place in the big house, and told him about this, you know -- Chair Sarnoff Mr. Cruz, I just want to make -- Mr. Cruz: -- of the big (UNINTELLIGIBLE) out there. Chair Sarnoff -- sure you're done -- Mr. Cruz: That's good. That's good. Chair Sarnoff Andl want to make sure you're satisfied. Mr. Cruz: Yeah, I'm satisfied. Chair Sarnoff I want a satisfied customer up here. Mr. Cruz: Satisfied that the Wynwood's getting money there too. Chair Sarnoff Okay. But I want to make sure you said everything you needed to say. Mr. Cruz: Yeah. Chair Sarnoff Thank you. Anyone else wishing to be heard on PH.4? All right, coming back to the Commission, is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez -- City of Miami Page 19 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Sarnoff -- second by Commissioner Dunn. Gentlemen, any discussion on PH.4? Hearing no discussion, it's a resolution, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have unanimous vote, Madam Clerk. END OF PUBLIC HEARINGS City of Miami Page 20 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 SR.1 08-00687 ORDINANCE Department of Employee Relations SR.2 10-00317 ORDINANCES - SECOND READING Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO INCREASE THE PERCENTAGE OF PERMISSIBLE INVESTMENTS; REMOVE THE LIMITATIONS ON INVESTMENTS IN EURODOLLAR SECURITIES AND FOREIGN CREDITS; AMEND AND UPDATE THE ORDINANCE LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 40-245, 40-254, 40-255 AND 40-266 RELATED TO CREDIT FOR CONTINUOUS SERVICE AS A NONMEMBER; ACCIDENTAL DISABILITY RETIREMENT; SERVICE INCURRED DISABILITY; AND TRANSFER OF ACCUMULATED LEAVE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation 3-11-10 FR/SR.pdf 08-00687 Summary Form 12-17-09 FR/SR.pdf 08-00687 Actuarial 12-17-09 FR/SR.pdf 08-00687 Cost Impact 12-17-09 FR/SR.pdf 08-00687 Reduction Factors 12-17-09 FR/SR.pdf 08-00687 Actuarial Impact 12-17-09 FR/SR.pdf 08-00687 Cost Impact 2 12-17-09 FR/SRpdf 08-00687 Memo 12-17-09 FR/SR.pdf 08-00687-Submittal-Charlie Cox.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item SR.1 was deferred to the City Commission meeting currently scheduled for April 22, 2010. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 62-61 ENTITLED "ESTABLISHMENT", TO CHANGE THE NUMBER OF VOTING MEMBERS FOR THE PLANNING ADVISORY BOARD FROM NINE TO ELEVEN, WITH THE MAYOR APPOINTING ONE MEMBER; AND AMENDING ARTICLE V/SECTION 62-122 ENTITLED "APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD/SIZE OF BOARDS AND TERMS OF OFFICE", TO CONFORM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00317 Legislation FR/SR.pdf City of Miami Page 21 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 SPONSOR:VICE-CHAIRMAN CAROLLO Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 0 Noes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Discussion on the item resulted in the resolution below. 10-00317a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT COMMISSIONER FRANCIS SUAREZ'S UNAPPOINTED MEMBER ON THE PLANNING ADVISORY BOARD BE DESIGNATED AS AN ALTERNATE FOR THE DURATION OF THE TIME FROM APRIL 8, 2010 UNTIL THE NEW MIAMI 21 PLANNING ADVISORY BOARD IS ESTABLISHED. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0166 Chair Sarnoff SR.1. Oh, I'm sorry. Has that been --? Priscilla A. Thompson (City Clerk): That's been deferred. Chair Sarnoff Deferred. I apologize. SR.2. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Well, let's get something on the record. Julie O. Bru (City Attorney): Mr. Chair, this is an ordinance that would amend the Zoning and Planning Advisory Board to provide for a change in the membership and the individuals appointing to this board. Chair Sarnoff All right. So we have a motion. We have a second. Let me open up a public hearing. Anybody wishing to be heard on SR. 2? All right, public hearing -- there you go. Grace Solares: Good morning. Grace Solares, 60 Southwest 30th Road. As you all know, I sent you a letter opposing that this matter be considered as a second reading, because in the matter -- this matter came up before the Commission, amendment to an ordinance as an out-of-pocket item. I also have to address, Mr. Chairman, the issue -- and you heard Ms. City Attorney Bru this morning saying that in order for me to appeal or in order to [sic] me most likely to file an injunction for stopping you from doing this, I have to have a verbatim transcript. I wrote you yesterday, with a copy to the Mayor, that there's a section of about five minutes, the most important section of the whole colloquy on March 11 between you, the assistant City Attorney, and Commissioner Carollo with respect to how this thing was being done, what was being done. That is not there. I have obtained a copy of the DVD (Digital Video Disk). I don't know whether the courts will allow me to present that as a proof or basing my appeal where I could take -- or an injunction, let's call it, as a prove [sic] of what -- of having a verbatim transcript unless I City of Miami Page 22 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 have it transcribed. That is not -- the City's official record cannot be tampered in that manner. Was it a mistake? Nobody has told me. Was the typist -- forgot to type five -- almost five minutes of that colloquy? I mean, the only one that can know that, I guess, is the City Clerk as to how those things happened. But this issue, I'll go back -- I have a problem with that, and don't know how you're going to resolve it. What am I going to have to do? You know very well I've been actually fighting this since City Attorney's Office, since the Diaz Administration. I guess I'm going to have to continue doing it now, unfortunately. But on this particular mo -- SR.2 that is coming before you today, not only 62-61 being -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. Ms. Solares: -- actually amended -- Ms. Thompson: I'm just letting you know your two minutes' time has expired. Chair Sarnoff All right. With this Commission's permission, I'd like to give Ms. Solares one more minute. Commissioner Suarez: That's fine. Mariano Cruz: I'll give you my time. Go ahead. Chair Sarnoff Is that all right? Ms. Solares: Thankyou, Cruz. Chair Sarnoff All right. Ms. Solares: Thankyou, Mr. Cruz. The day that the out-of-pocket matter came before you, Ms. Maria Chiaro read into the record -- she pulled it and read into the record that she was -- that the reading and the title of the amendment was "an amendment to Chapter 62, Article III, Section 62-61. " There was no mention whatsoever, whatsoever to 62-122. And today, they're bringing that matter before this Court [sic] as a second item when it has never been read into the record? To me there are incredible violations here. Mr. Chairman, you are a lawyer. I ask you, please, to -- I'm only asking to do this thing right, right, not just what an attorney or what an assistant City Attorney tells a brand-new Commissioner, who is not a lawyer -- he's a brilliant accountant -- but she can tell him anything, and he has to follow her instructions. Also with respect to the Mayor being -- appointing somebody to the PAB (Planning Advisory Board) that makes quasi judicial decisions and recommendations, I believe it is a mistake to do that. As a matter of fact, I was going to ask you, sir, to also -- if you can see it, make it -- try to bring up an ordinance changing Miami 21 in order to change the composition of the new PZAB (Planning Zoning Appeals Board) and removing the Mayor from an appointment. I have an incredible amount of faith in the man sitting behind me. And with all due respect to all of you, I have so much trust in him, I wish he could pick the Commissioners. That's how far I have in trust in this man behind me. However -- Chair Sarnoff I'm not ready to go there yet. Ms. Solares: I know. But I just wanted to make -- it's not the objection or the man. Today, we have him, but tomorrow we may have another Manny Diaz. Remember when the -- this new board was created? It was Manny Diaz administration who created that, for him to have somebody in there on that issue. So I request -- this is not the proper thing to do. Chair Sarnoff All right. Thank you, Ms. Solares. City of Miami Page 23 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Solares: Thank you. Chair Sarnoff Anybody wishing to be heard on this issue? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you. Let's take everything into perspective here. Yes, I am not an attorney. However, once again, let's take everything in perspective. The intent of this was so we could have some fairness in the Commission. Now, and for many years, as I understand, there's been an alternative [sic] in the PAB which has been delegated or somehow given to District 3. What happens is that year after year -- and especially now with amendments to Miami 21 and all the important issues coming before the PAB -- should all members be present, the alternative [sic] member cannot vote. Therefore, every Commissioner will have two members representing them, except my district, which, in all fairness, I can see if there was some type of rotation or so forth, but there has not been. So I thought that a good compromise would be having the Mayor have an additional member and then all the members be voting and not having the alternative [sic] have to step down when the other members are present. With that said, in essence, I think Commissioner Gort saidl don't mind my member being an alternative [sic], and as a matter of fact, I think even Commissioner Suarez, in all fairness, there's still one membership [sic] that you still have not appointed, so I think in order to avoid all this back and forth, which, in all fairness, I would tell you, I think there are much more important issues in this City than whether the Commission -- the Mayor could have a member in the PAB or not, which, in essence, should be dissolved in a couple of months or even if it gets extended, it shouldn't be there for much longer. I truly feel there's much more important issues, andl think if my alternative [sic] member will continue to be with Mr. Gort or Commissioner Suarez since -- you know -- I think we could solve the issue, because even if Ms. Solares, you know, takes it to court and so forth, I don't know what would happen if time elapsed and the PAB is dissolved into Miami 21. So I think it's going to be a great waste of time for everybody, andl think that a good compromise would be just my alternative [sic] member continue with Mr. Gort -- or go with Commissioner Suarez. Commissioner Suarez: I'll agree to that. Commissioner Gort: You have two now. Chair Sarnoff You're recognized, Commissioner Dunn. Commissioner Dunn: Mr. Chair, I would also alternate my people as well, in all fairness. Commissioner Suarez: So wouldl. Chair Sarnoff So is the proper thing to do then vote this down? Ms. Bru: Correct, Mr. Chair. That would be the proper thing to do. Chair Sarnoff All right. I mean, I had a pretty lengthy speech, Commissioner, which I don't need to make if we're going to vote this down. Vice Chair Carollo: With the understanding that the alternative [sic] member for the PAB -- Commissioner Suarez: I'll offer mine. Vice Chair Carollo: -- go to Commissioner Suarez. City of Miami Page 24 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff Okay. All right, then there's no reason to go into great detail here. Why don't we just vote? Commissioner Suarez: Don't we have to revoke the prior motion? Chair Sarnoff You could do a -- you could do it by resolution right after that. Ms. Bru: Well -- no, no. This is a second reading. I'll read the ordinance into the record -- Chair Sarnoff Right. Ms. Bru: -- and you can take the vote. Chair Sarnoff Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Chair, before we take the vote, do you want to close the public hearing? Chair Sarnoff I apologize. Anybody else in the public wishing to be heard on SR.2? All right, and hearing none, the public hearing is now closed. Ms. Thompson: Your roll call. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: I think we're supposed to vote no. No. Commissioner Dunn: Oh, no. Oh. Vice Chair Carollo: Continue, continue. Chair Sarnoff Finish the vote. Ms. Thompson: Okay. Let's make sure. You're actually voting not to approve this ordinance. Is that correct? Commissioner Dunn: So to answer -- Commissioner Suarez: That's correct. Vice Chair Carollo: Correct, subject to -- Commissioner Gort: Whoa. Chair Sarnoff Subject to a -- well -- Vice Chair Carollo: Commissioner Suarez -- City of Miami Page 25 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff We'll make a resolution right after this. Ms. Solares: (UNINTELLIGIBLE) make a copy -- Chair Sarnoff Yes. You'll be recognized. Commissioner Gort: Who made the original motion? Unidentified Speaker: It's an ordinance. Chair Sarnoff It's an ordinance, gentlemen. Ms. Bru: Yes. Commissioner Gort: Right. I understand an ordinance, but what -- Ms. Bru: Mr. Chair. Commissioner Gort: -- was the motion that was made and who made the motion? Ms. Bru: Right. Mr. Chair, this is an ordinance, so if your intent is to vote this down, your vote should be no. Chair Sarnoff Correct. Commissioner Gort: Okay. Ms. Thompson: So I'll go -- Chair Sarnoff Does anybody wish to change their vote who's already voted? Commissioner Dunn: Mr. Chair, I do. Chair Sarnoff You're recognized for the record. Commissioner Dunn: I would -- I want to change my vote from a yes to a no. Chair Sarnoff All right. So now we have one changed vote to a no, Commissioner Dunn. Anyone else wishing to change their vote? Commissioner Gort: I'll change, but the -- I'd like to ask a question. My understanding, a statement was made here they're -- the ordinance, the way that it was put together at first, there was a lot of mistake [sic] in it, and I'd like to address that. Ms. Bru: I don't agree with that, and I don't know whether you want to take the time to discuss the procedure, but the -- this ordinance was properly before you. We have a disagreement on the process, but don't know whether you want to go into that, but -- Commissioner Suarez: It's moot. Commissioner Gort: No. I want to make sure that we are doing the right things in here, that we're not doing incorrect things in here, so I want to make sure that's clarified andl want to put it on the record. City of Miami Page 26 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Bru: Right. This ordinance was -- Commissioner Gort: And that's why I wanted an opinion from you. Ms. Bru: Right. -- properly before you in terms of the procedure and the compliance with requirements regarding adoption of ordinances. Commissioner Gort: Okay. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Thank you. And Mr. Gort, from the City Attorney, it was properly done. I'm just trying to compromise and avoid -- 'cause in all fairness, I think we got bigger issues, and if we could move this on quickly, maybe one of my items I could bring up, if the Chairman will allow me, one of my discussion items, which is the status of the 2009 audited financial statements Chair Sarnoff We're going to hear that next. Vice Chair Carollo: Okay. Thank you. Chair Sarnoff All right, so continuing with the vote -- Commissioner Gort: Mr. Chairman, I just wanted to clam that I understand your motion and I'll agree with it. Chair Sarnoff Okay. Commissioner Gort: That's why I changed my vote. Chair Sarnoff So we have two no -- we presently have two no votes. Moving on. Ms. Thompson: Okay. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Chair Sarnoff? Chair Sarnoff No. Ms. Thompson: Then the -- Chair Sarnoff All right. I think -- it is not passed. Ms. Thompson: Correct. Chair Sarnoff All right. Now I believe Commissioner Suarez has a resolution he'd like to proffer. City of Miami Page 27 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 SR.3 10-00238 District 5 - Commissioner Richard Dunn II Commissioner Suarez: Thank you, Mr. Chairman. The resolution I'd like to proffer is that my unappointed [sic] member of the PAB board be designated as an alternate for the duration of the time between today and when the new board goes into effect on Miami 21. Is that acceptable? Unidentified Speaker: Yes. Chair Sarnoff All right. So we have a motion by Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/SALES OR LEASE OF CITY'S REAL PROPERTY", MORE PARTICULARLY BY AMENDING SECTION 18-176, ENTITLED "METHODS AND PROCEDURES FOR SALES AND LEASES", TO REQUIRE FOUR AFFIRMATIVES VOTE OF THE CITY COMMISSION TO APPROVE DEFERRALS, ABATEMENTS, CREDITS, OR OTHER REDUCTION IN PAYMENTS ON LEASES OR OTHER AGREEMENTS RELATING TO THE USE OF THE CITY OF MIAMI'S REAL PROPERTY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00238 Legislation FR/SR.pdf 10-00238 Memo FR/SR.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13151 Chair Sarnoff All right, gentlemen, let's go back to -- I think we're on SR (Second Reading) -- Vice Chair Carollo: 3. Chair Sarnoff -- 3. Thank you. Julie O. Bru (City Attorney): Mr. Chair, this is second reading of an ordinance. I believe this was District 5 ordinance, and this would have the effect of requiring a four fifth vote any time that the City would wish to defer or reduce or abate payments either leases, licenses that are made to the City. Chair Sarnoff All right. Let me open it up to the public. I'm going to try -- by the way, so you guys see, I was criticized by some people for taking motions before I open up the public hearings [sic] because it intimated to the public that we had prejudged the issue. So I'm -- if you guys will remind me, I'm going to try and do it without -- take the public hearings first -- Commissioner Gort: Yeah. City of Miami Page 28 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff -- and then we'll make a motion. So right now SR.2, it is a public -- SR.3, excuse me, it is a public hearing. SR.3, as the City Attorney has indicated, it is about the finance lease of City's real property. Anyone from the public wishing to be heard on SR.3, please step up to the podium. Commissioner Gort: Shouldn't we have presentations from staff -- Chair Sarnoff I think that's as much of a presentation as they're going to do. You want more? If you want more, we'll call for me? Commissioner Gort: -- so people understand? No. That's fine. I'm fine. I understand it. I (UNINTELLIGIBLE). Chair Sarnoff Is there anyone who could explain it a little more -- Commissioner Gort brings up a good point. Is there anybody who could explain it in a little more detail? Mr. Manager, maybe -- Commissioner Gort: (UNINTELLIGIBLE). Chair Sarnoff -- Madeline, just a little more detail just so people understand what we're addressing. Madeline Valdes (Acting Director): Madeline Valdes, Department of Public Facilities. This section deals exclusively with the use of City property for leases, licenses. This section of the ordinance will establish a policy where in the future, if you bring someone forth to the Commission to require or request an abatement or rent credit, you would require four fifths of the members of this Commission to make that decision approval. It also requires someone to provide their financial returns in order to establish whether they should or should not get this credit or abatement. That's basically what it does. I think last time you did have a question regarding park permits and whether that was included in this section, and it's not. Park permits are identified in Section 38, and this will not include park permits. Chair Sarnoff The reason I asked that before was I thought there was some language in there which could be interpreted as that, so -- Ms. Valdes: We have a number of different agreements. Chair Sarnoff Okay. Ms. Valdes: One of them is a revocable permit agreement. It is not a park permit agreement. It's totally different. It's for a long-term use. It doesn't specin, a time certain, but it is for a long-term use, where a park permit is simply for an event. Chair Sarnoff Okay. All right. With that being said -- thank you for putting some dressing on the bones. Commissioner Gort: Thank you. Ms. Valdes: Thank you. Chair Sarnoff You're recognized for the record, Mr. Cruz -- Mariano Cruz: Yes. Chair Sarnoff -- as part of the public hearing. City of Miami Page 29 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Cruz: Mariano Cruz, 1227 26th Street. Andl worry about all this City property that's not used properly, sale, lease, rental. What -- you know, I got the -- I went by the Sony Ericsson there. You know, 14 days cars park at the Marine Stadium, Virginia Beach. Thousand of cars paying 10, $15 dollars a day for the parking. Who get that money? The City don't -- the County. The County's getting that money, more than half a million dollars. There was enough money there to pay for Virginia Beach Park. If we're looking for funding, any time we do a business with the County, we lose money because the City before gave that property to be used by the County, by the people there, the Sony Ericsson, 14 days or more than 30 -- $40, 000 a day, and maybe they got very little expenses. What do we get? Nothing. The same thing that happened with the Orange Bowl, $27 million paying the Orange Bowl, and still in litigation there, and we get nothing from this County. What kind of businessmen we are here that doing business and we don't get --? Get some money from Virginia Beach and from Watson Island, too, when they park the people at the Miami Beach Boat Show because we -- we're looking for new funding, new revenue sources. You got it there. Plenty of money there. Chair Sarnoff Okay. Are you done? Mr. Cruz: Yeah, I'm done. Chair Sarnoff Just want to make sure. You got everything you got done? Mr. Cruz: (UNINTELLIGIBLE) five. Chair Sarnoff All right. Anybody else in the public wishing to be heard on SR.3? All right, hearing none, public hearing is now closed. Anybody want to address? It's a fair issue. Ms. Valdes: Well, the count -- Chair Sarnoff I mean, he brought up the Sony Ericsson. It's a fair statement. Ms. Valdes: Yes. The County does have rights every year to utilize the property for the Sony Ericsson. They normally park their buses, people that they ship to the event, and I'm not aware of them charging a fee for parking, but we can address that with them. Chair Sarnoff So just so this Commission understands, 'cause I actually didn't know this andl thought he brought up a fair point, that was once County property. Your -- Ms. Valdes: It was, and it has a deed restriction. Chair Sarnoff That's whatl was curious -- Ms. Valdes: Yes. Chair Sarnoff So they have the right to use it for the Sony Ericsson? Ms. Valdes: That's correct. Chair Sarnoff Okay. Ms. Valdes: In exchange, though, they do do some improvements for us every year on that site, so there are -- there is an exchange that we have every year. Chair Sarnoff That must be what they call the hidden improvements. City of Miami Page 30 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes. You're recognized. Mr. Migoya: I met with the County Manager specifically about that, about the site, and it was a three-year agreement that Madeline was talking about. And some of those improvements -- we're actually in the third year, right Madeline? Ms. Valdes: We're on the third year. And they have promised that they will do certain improvements. They've already started clearing the property, and they promised to fix the paving -- some of the paving, not to the extent that they're going to go over what they promised in terms of dollars, but certainly this Commission did approve that agreement three years ago. Chair Sarnoff But just to address Mr. Cruz, the deed restriction allows them the use of that particular facility during the Sony Ericsson? Ms. Valdes: It's not specific to this event. The deed restriction applies only to the Marine Stadium having to be at that location and in operation. And as you know, there is a Marine Stadium -- Chair Sarnoff But not in operation. Ms. Valdes: -- but not in operation. Chair Sarnoff Okay. Ms. Valdes: So we allow them this use every year. And again, this was approved by Commission three years ago. Chair Sarnoff So the proverbial 800-pound gorilla has his foot on our neck and we let the foot off our neck by allowing this use? Ms. Valdes: Yes. Mr. Migoya: Mr. Chair, the only advantage that the County has at this point, at least from the County Manager's point, was the fact that we're allowing them to put their buses to move the people. The actual fees that are charged against the parking are given to -- the Ericsson's the one's benefiting, not the County. Chair Sarnoff Okay. All right. It explains his question, and he had a fair question. All right. Commissioner Gort: My -- Chair Sarnoff SR.3, we have -- do we have a --? Go ahead. Commissioner Gort: I was always informed that part of the agreement was that we were able to use the stables at the park. Ms. Valdes: That used to be the agreement prior to -- Commissioner Gort: That used to be the agreement. Ms. Valdes: -- the three years. Commissioner Gort: So no longer that's not -- City of Miami Page 31 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Valdes: No, that's not the agreement anymore. Commissioner Gort: So we can -- so when this year comes up, we can make new agreements. Thank you. Ms. Valdes: Yes, correct. Chair Sarnoff Okay. All right. It somewhat explains your issue, Mr. Cruz. All right. Do we have a motion? Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I would like to move this item. Chair Sarnoff All right, Commissioner Dunn has moved it. Is there a second? Commissioner Suarez: Second. Chair Sarnoff Commissioner Suarez has second it. Gentlemen, any discussion? Hearing no discussion, this is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 5-0. Ms. Valdes: Thank you. END OF ORDINANCES - SECOND READINGS City of Miami Page 32 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 ORDINANCE - FIRST READING FR.1 10-00179 ORDINANCE City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO Office FLORIDA POWER & LIGHT COMPANY AN ELECTRIC FRANCHISE AGREEMENT; IMPOSING CONDITIONS RELATING THERETO; PROVIDING FOR INITIAL PAYMENTS, AND THEN, MONTHLY PAYMENTS TO THE CITY OF MIAMI DURING A TERM OF 30 YEARS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00179 Summary Form.pdf 10-00179 Agenda item distributed prior to CC.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item FR.1 was deferred to the City Commission meeting currently scheduled for April 22, 2010. First Reading FR.2 10-00385 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION SCHEDULING AN Attorney ELECTION TO FILL, THE OFFICE OF COMMISSIONER DISTRICT NO. 1, AND, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 5; SETTING NOVEMBER 2, 2010, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; FURTHER, SCHEDULING A RUN-OFF ELECTION TO FILL THE OFFICES OF COMMISSIONER DISTRICTS NO. 1 AND NO. 5, SAID ELECTION TO BE HELD ON NOVEMBER 16, 2010, UNLESS SAID OFFICES HAVE BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE ELECTION TO BE HELD ON NOVEMBER 2, 2010; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00385 Legislation.pdf 10-00385 Cover Memo.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II Chair Sarnoff All right. FR.1 is a deferral. FR.2 is the election. My condolences to Commissioner Gort. Commissioner Gort: I got to run three years in a row. City of Miami Page 33 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff You took a couple of years off but you're going to make up for it very shortly. FR.2. Julie O. Bru (City Attorney): This is actually the -- the City Clerk is the supervisor of election so I'll go ahead and let her address this matter. Priscilla A. Thompson (City Clerk): Thank you. Commissioners, this election is being called as a result of the special election that was held for District 1 seat and District 5 seat. So the Code says that we go with the even year state election. That is why you have that there. The other thing is because of our charter requirement that we have runoffs a week apart. This -- Dade County Supervisor of Election does -- that's -- does not give me enough time to prepare, so also in here is the changing of the runoff from one week after the election to two weeks. Chair Sarnoff That's brutal. And we have to have it two weeks, Madam Clerk? I mean, we can't have it one week after an election? Ms. Thompson: There's the preparation that takes place. Understand now, we're to paper ballots, so there's printing of the ballots. Chair Sarnoff But correct me if I'm wrong. I thought Commissioner Suarez just went through this, and I think he had a one -week runoff. Commissioner Suarez: I wish I had a one -week runoff. Chair Sarnoff Was it two weeks? Commissioner Suarez: It was a two -week runoff. Chair Sarnoff Okay. Ms. Thompson: Yeah. They've been two weeks. Chair Sarnoff Okay. So there's nothing we can do about that? Ms. Thompson: According -- because of the time frame and what has to be done, that's correct. Chair Sarnoff All right. So this is an ordinance. I'm going to open up the public hearing. Anyone from the public wishing to be heard on FR.2, which is the scheduling of the District 1 and District 5 Commission race. And the only reason I didn't give my condolences to District 5 was District I will be running, I think, for three consecutive years. Anyone from the public wishing to be heard? All right, coming back to this Commission, the public hearing is now closed. Do we have a motion, gentlemen? Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any further discussion? It is ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. City of Miami Page 34 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. END OF FIRST READING ORDINANCE City of Miami Page 35 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 RE.1 10-00259 Office of Transportation RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NUMBER ONE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ACCEPT AN ADDITIONAL STATE OF FLORIDA ("STATE") CONTRIBUTION IN THE AMOUNT OF $164,560, FOR A TOTAL STATE CONTRIBUTION IN THE AMOUNT OF $538,560, PROVIDED BY THE FDOT TRANSIT DEVELOPMENT PROGRAM, FOR THE OPERATION AND MAINTENANCE OF THE HEALTH DISTRICT RUBBER -TIRE TROLLEY SERVICE, PROJECT B-30581; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $164,560, FROM THE CITY'S SHARE OF THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS OF THE PEOPLE'S TRANSPORTATION PLAN. 10-00259 Legislation. pdf 10-00259 Exhibit.pdf 10-00259 Summary Form.pdf 10-00259 Funds Approval.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0159 Direction by Chair Sarnoff to the Administration for a Joint Participation Agreement similar to the Health District Trolley agreement be brought back to the Commission by June for the proposed trolley service covering the Biscayne/Brickell area. Chair Sarnoff All right, RE.1. Jose Gonzalez (Assistant Transportation Coordinator, Office of Transportation): Good morning, Mr. Chair -- Chair Sarnoff Good morning. Mr. Gonzalez: -- Commissioners. Jose Gonzalez, with the Office of Transportation. RE.1 is a resolution authorizing the City Manager to execute a supplemental joint participation agreement with the Florida Department of Transportation for an additional state contribution of $164,560 towards the Health District rubber tire trolley. The State funds require a local match, which will be provided by the City's share of the transit half -cent surtax or People's Transportation Plan dollars. Chair Sarnoff All right. Commissioner Suarez: So move. Chair Sarnoff Wait. Let's not do the motion. This is a public hearing on RE.1. It is the trolley system, which is going to be running through District 1. Anyone from the public wishing to be City of Miami Page 36 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 heard on RE.1 ? Public hearing is opened. Am I going to get a letter from the Miami Herald or is that a sufficient public statement? Mariano Cruz: Mariano Cruz: Mariano Cruz, 1227 (UNINTET,TIGIBT,F). I endorse that that because we talk already (UNINTET,T IGIBT ,F) of the NET (Neighborhood Enhancement Team). I talking to you about -- the only thing, maybe now we'll start moving that -- you know, the thing, because they in the planning so long now. Mr. Gonzalez: Right. Mr. Cruz: We did that -- you know, trolley went from Jackson Northwest 20th Street, around there, which it will be good for the shopping district there on 20th Street. Mariano Cruz, 1227 26th Street. A minute two seconds. Chair Sarnoff You done? Mr. Cruz: I'm done. Commissioner Gort: He's done. Chair Sarnoff Okay. Just want to make sure. Commissioner Gort: Mr. Chairman, point of information. Mariano, we also wanted to go up 17th Avenue. Mr. Cruz: I know. I know the whole thing. Commissioner Gort: Okay. Mr. Cruz: No. But it's good because I know I talked to him already and he said so. Commissioner Gort: Good. Mr. Cruz: And they -- Commissioner Gort: So we got your blessing? Mr. Cruz: -- working there. Commissioner Gort: We got your blessing on this one? Mr. Cruz: Right. Commissioner Gort: Thank you. Mr. Cruz: We need that money anyway. That's our sales tax money from Tallahassee. Chair Sarnoff Anyone else from the public wishing to be heard other than Mr. Cruz, on RE.1 ? Hearing none, seeing none, coming back to this Commission. Now we can have a resolution -- a motion. Commissioner Gort: I have a question. Commissioner Suarez: So move. City of Miami Page 37 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Gort: My understanding what we're approving here is the -- the application of FDOT (Florida Department of Transportation). The plan, it has to come back to us with specific, if we buy in or we're leasing the operation. Mr. Gonzalez: That is correct, Commissioner. Yes. Commissioner Gort: The plan and operation is not being approved in this one. Just want to make sure. Mr. Gonzalez: This item is only to accept an additional State contribution. I am separately negotiating with the turnkey operator -- Commissioner Gort: Right. Mr. Gonzalez: -- and that contract will be brought -- Commissioner Gort: Will have to come back to us. Okay. Mr. Gonzalez: -- before Commission for approval. Commissioner Gort: Thank you. Chair Sarnoff All right. So we have a motion by Commissioner Gort. We have a second by Commissioner Suarez. Any further discussion, gentlemen? Only I'd ask you is you, by June, bring us the same thing for District 2 and the Biscayne Brickell area. Mr. Gonzalez: I will do my best. Commissioner Suarez: And don't -- Chair Sarnoff By June. Commissioner Suarez: -- forget Coral Way. Chair Sarnoff By June. It's ready. It's ready. Mr. Gonzalez: It is the same contract -- Chair Sarnoff I understand. Mr. Gonzalez: -- as optional services, so yes. Chair Sarnoff And all I'm trying to do is motivate you. Mr. Gonzalez: I'm motivated. Commissioner Suarez: Same here. Chair Sarnoff Okay. All right. So we have a resolution, gentlemen. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. RE.2 09-01363a RESOLUTION City of Miami Page 38 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY ATTORNEY JULIE O. BRU, ESQUIRE. 09-01363a Legislation.pdf 09-01363a-Exhibit SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0160 Chair Sarnoff RE.2. Vice Chair Carollo: You're taking them together? Chair Sarnoff Yeah. Let's take RE. 2 and RE. 3 together. That's not a bad idea. Commissioner Suarez: Mr. Chairman, may I be recognized for the record? Chair Sarnoff You absolutely can. This is your issue. You'll have Ms. Bru's contract. Commissioner Suarez: Thank you, Mr. Chairman. As you know, on January 28, 2010, the City Commission, including yourself, directed me to evaluate the compensation and benefits package of the City Attorney to determine whether adjustments were warranted. I was not asked to assess the performance or qualifications of the current City Attorney. She received a unanimous endorsement of the City Commission when they reappointed her to the post of City Attorney and publicly recognized her legal and managerial accomplishments. My specific charge was to assess the reasonableness of the City Attorney's compensation package. I took this charge very seriously because I think it gets to the heart of the past financial practices that put the City in the precarious financial position we're in. The lion's share of our budget goes towards personnel costs, and we need to reevaluate the compensation structure not only of the City Attorney, but citywide. I believe the City Attorney shares my concern for the City ofMiami and my belief that the City's compensation structure must be recalibrated. This is why the City Attorney has agreed to accept my recommendation of a 17 percent reduction in base salary, bringing her salary from 274,985 annually to 228,238 annually. The City Attorney has also agreed to accept a use -it -or -lose -it policy for vacation and sick days where she will receive no cash pay -out for unused vacation and sick days. As a result of these major modifications to the City Attorney's contract, the City ofMiami will save $176,757.30 over the next two years. This figure does not include the potential savings from another recommendation I have made to the City Manager, the elimination of 457 deferred compensation for all City executives participating in other City -sponsored retirement programs. This change would result in an additional savings to the City of approximately half a million dollars per year. This process has been a very difficult one. My staff andl have spent countless hours over the last three months conducting our due diligence to ensure that my recommendations were fair, reasonable, and responsible. I know my recommendations call for personal sacrifice and contemplate a difficult paradigm shift for the City ofMiami, but believe these changes are necessary to steer our city back towards financial health and restore our resident's faith that the members of this body are and will continue to be responsible stewards of their hard-earned tax dollars. I want to add in addition to this -- these talking points to the statement that although difficult, I want to recognize the City Attorney's good faith in -- throughout the entire negotiations and throughout the process by which we came to this agreement. She acted in tremendous good faith, and she also demonstrated to me very, very clearly that she loves the City ofMiami and that she puts the City ofMiami and its financial future before her own, andl want to commend her for that, andl thank you. So with that, I move this item, that we accept her compensation as has been passed along to the Commissioners. City ofMiami Page 39 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Dunn: Mr. Chair? Commissioner Gort: Second. Chair Sarnoff Yeah. Commissioner Dunn, you're recognized. Commissioner Dunn: I second it. I second. Chair Sarnoff And we have a second from Commissioner Gort. Okay. Second from Commissioner Dunn and Commissioner Gort. Anyone wishing to be recognized regarding this? Commissioner -- no? Let me just say something for the record, and I'd like to say this about both of them. And to Ms. Bru, we certainly don't and oftentimes don't see eye -to -eye. I wouldn't imagine any lawyer that I could see eye -to -eye with 'cause that's the nature of who we are. In addition, for those of you that don't know, Ms. Bru -- and forgive me ifI call you Julie occasionally -- she's a litigator. Trust me, two litigators couldn't -- could litigate whether the sun was out. And by her nature and by my nature, we don't always see eye -to -eye. I've worked with her now for about three years, and have worked pretty much exclusive with her for the past two years. I won't profess to say I think Julie gets it right all the time, but I will profess this. Julie cares to get it right, and she cares very deeply about this City. And what I think she shares in common with me is what we sometimes lack in what I call sheer intellect, I think sometimes we make up for in sheer effort. Andl think we're sort of cut from the same cloth when it comes to that. I think she has done a very credible job with this City Attorney's office. I still think there's a lot to be done with the City Attorney's office. I don't know that I necessarily agree with your complete direction, but that's the nature of the beast, and it's the nature of who we are. And it is through combative conversations. And if any of you have ever been in a private conversation with Julie andl, they can be combative. I know she's always looking out for the best interest of the City, and she's got a tough job right now with the SEC investigation. And she's come to me on many times wondering what to do and candidly, I gave her no advice while I let her -- all was was her sounding board, and she's made every decision, andl think she's done a pretty good job of making those decisions. And you can see the strife in her eyes and her mannerism in making these decisions. So while I don't thinkl voted for you at the first inception the first time, and then we had the ceremonial vote the second time, andl did vote for you, you have my unqualified support and admiration for the job you're doing. As to the Clerk, one tough lady. She is one tough lady. And -- but you want to know what? She does a great job, and she makes all of us look good. So I hope between the two of you with regard to salary reductions, it is not a reflection -- Commissioner Gort: Yeah. Chair Sarnoff -- in the job we think that you're doing. And maybe the best way I can explain it is a parable, if you will. There was once a man choking on a chicken bone, and a fireman came up to him and he gave him Heimlich. And the first time he pushed, it didn't work. And the second time it [sic] pushed, it didn't work. And as the man turned blue and he appeared to be dying, one last effort, the bone dislodged. The man looked at the firemen and said, "What do I owe you?" And the firemen said, "Ten percent of what you thought it was worth the first time it didn't come out." People are worth their weight in gold at the moment and time they're needed. It's the interim times we decide what we can afford. And the City is in a very tough predicament. We're not any different than any other city. Matter of fact, the city of -- want to get it right -- Vallejo, California, just went bankrupt. Commissioner Gort: There's going to be many more. Chair Sarnoff There are 36 others next week will declare bankruptcy. It is anticipated more than 300 cities will go bankrupt before June of this year. We're not very different than any other City of Miami Page 40 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 city. The reasons are profound The reasons are compensation, all forms of compensation, not just salary, but every other aspect of compensation that we provide to City employees. Now to both these ladies' credit, they're taking significant reductions, and to Commissioner Suarez, who is the tip of the spear on the salary reduction -- andl haven't heard Commissioner Carollo's presentation yet -- but, you know, my hat's off to you. This Commission in the past has not always acted as prudently as it should have, andl think this is a different Commission. I think this is a different day. Andl think you're both are setting excellent examples for the rest of the City ofMiami employees as to what is going to be necessary, proper, and prudent to prevent this City from following what is anticipated to be more than 300 cities by June. So I want to thank certainly Julie. I want to thank Madam Clerk, as you always call her Madam, and just thank you both for cooperating. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're recognized for the record. Commissioner Gort: First of all, Frank, thank you -- I mean, Commissioner Suarez -- very much to the both of you, the work that you have done and performed And in my dealings, a lot of times I had to deal with three or four attorneys at the same time, andl can experience for one sentence, one word, they can spend an hour arguing both ways that -- how that word should be used, so I can understand your point of view with the City Attorney. Andl also like to thank both of you 'cause I think you're excellent. You do work -- you both have been with the City for a long time. I think you have grown with the City. You have seen the ups and downs of the City and you've been able to work with us. So in behalf of myself and the district I represent, we want to thank you for the work and for what you're doing. And Commissioners, you guys are doing a great job. Thank you. Chair Sarnoff All right. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I, too, echo -- first, I want to commend Commissioner Suarez for taking a tough position. It's not a position of popularity. And it's very difficult to ask someone to take a significant cut, particularly in times like these. Andl also want to commend you, Madam Attorney and Madam Clerk, Vice Chair Carollo as well, because it's a balancing act, you know. I try to -- not always successful, butt try to live by an old golden rule that was taught as a child. Do unto others as you would have them do unto you. I try to. I'm not always successful. And so to request the kind of sacrifice that both of you have been asked to do and to accept it shows great love for the City, great love for your craft, and certainly we appreciate it from the bottom of our hearts. Andl just want to thank both of you, Commissioner Suarez and Vice Chair Carollo for your efforts. This is -- I know it was time-consuming because you got to go through and do comparables, you got to look at what's fair, and what can the City afford, and it's not easy. And so I just want to thank everyone involved in the process. And Mr. Chair, in selecting, it look like you selected the right people for the job. So thank you. Chair Sarnoff All right. Commissioner. Vice Chair Carollo: Thank you, Mr. Chairman. I'm not accustomed to giving long-winded speech unless it's on the budget or finance or -- Commissioner Dunn: Accounting. Vice Chair Carollo: -- so -- City ofMiami Page 41 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Dunn: You do a good job, though. Vice Chair Carollo: -- I'm not going to begin now. However, I will say that, again, the City Clerk did a significant reduction in her salary. It was 15 percent, and that is beyond what was recommended September 17, 2009, when we were doing the 2010 budget. At her salary base, she was supposed to take a 12 percent reduction and that's what was asked or at least what was suggested should be taken, and she went beyond that and did a 15 percent. She, too, will have to either use her vacation, which she also reduced, or she will lose it. And this is not easy because at the same time, we're talking about an employee that's been with the City for 31 years, a department that I know of has had no issues and, as far as I know, we've had two special elections, so it's not like things have been really smooth in the City ofMiami. There's been some curve balls, and as far as my knowledge, everything has run appropriate, smooth, the way it's supposed to when it comes to this department. I'm not going to continue because in all fairness, she knows how I feel about her, the City Attorney knows how I feel about her, and I'm just presenting this to the Commission to see if we get your approval. Thank you. Chair Sarnoff All right. Gentlemen, I think we have -- let's do this one at a time. With regard to RE.2, which is the resolution for the City Attorney salary and benefits, we have a motion, we have a second, I believe. Julie O. Bru (City Attorney): Mr. Chair, ifI may. I think there was -- Chair Sarnoff We don't want to hear from you. Ms. Bru: -- Commissioner Suarez, there might be a little scrivener's error in there, right? Commissioner Suarez: Yes. There is a -- Ms. Bru: Okay. Commissioner Suarez: -- scrivener's error on our schedule that's missing the holidays, which are, again, use it or lose it, obviously, but it was left out of the schedule, so it'll be the same holidays as the City Clerk. Chair Sarnoff Okay. Commissioner Suarez: Regular holidays, federal holidays. Chair Sarnoff You're comfortable that we understand that this will -- there will be a clear record on what we're voting on? Ms. Bru: Yes. And just so the record is clear, the schedule is clear that going forward, any vacation, ill time that doesn't get used during the term would be lost. There's no cash value. There's a certain amount of hours that had been accrued through the 21 years that I've been in service, those will be there, available to be cashed out at the end at whatever rate I'm making at the end. Chair Sarnoff And what charitable organization you're donating that to? Mr. Migoya: The Julie Bru Foundation. Chair Sarnoff City Manager, charity begins at home. All right, we have a motion. We have a second. Julie, do you want to say something? City ofMiami Page 42 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Bru: I just want to say thank you to Commissioner Suarez. I mean, it was -- as a matter of fact, I think he should immediately resign and be appointed to be the chief labor negotiator for the City. Chair Sarnoff Can we take a temporary resignation and put him back in when he's done? All right, we have a motion, we have a second, gentlemen. This is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, let's open up -- Ms. Thompson: Just wanted to make sure, Chair, for the record we will show -- Chair Sarnoff 5-0. Ms. Thompson: -- the resolution -- no -- as modified Chair Sarnoff As modified I apologize. RE.3 09-01364a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY CLERK PRISCILLA A. THOMPSON. 09-01364a Legislation.pdf 09-01364a-Exhibit SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0161 Chair Sarnoff RE.3. Is there a motion? Commissioner Dunn: So moved. Vice Chair Carollo: So moved. Chair Sarnoff All right, we have a motion by Commissioner Carollo -- I'm sorry, Vice Chair Carollo, we have a second by Commissioner Dunn. Gentlemen, any further discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous -- Priscilla A. Thompson (City Clerk): Chair, if I might. I just want to say thank you to all of you. I truly love working for the City. I love whatl do. I don't know if that's odd, butl do love what I do. And I think -- I thank each and every one of you for your vote of confidence. I must tell you that we do this as a team, andl want to thank my team as well. Thank you. Chair Sarnoff Thank you, Madam Clerk. Oh, give 'em all a great big hand. Come on. Applause. City of Miami Page 43 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 RE.4 10-00177 Department of Public Works Ms. Thompson: And I'm -- look like I always have the last word here -- I just want to make sure we understand that also with RE.3, it will be modified because your backups were passed out at the meeting, okay? Chair Sarnoff As modified Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PURCHASE THE ROCKERMAN CANAL IN COCONUT GROVE, FLORIDA ("ROCKERMAN CANAL"), FOR THIRTY-TWO THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS AND FORTY SEVEN CENTS ($32,442.47), AS CONTEMPLATED IN RESOLUTION NO. 10-0034, ADOPTED JANUARY 28, 2010; ALLOCATING FUNDS FROM ACCOUNT NO. 1124.40.B30680; AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ROCKERMAN CANAL; FURTHER AUTHORIZING THE RECORDATION OF SAID DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 10-00177 Legislation. pdf 10-00177 Summary Form.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0162 Chair Sarnoff All right. RE.4. Bill Anido (Assistant City Manager & Interim Public Works Director): RE.4 -- Bill Anido -- this is a resolution accepting the deed for the Rockerman Canal for the previously adopted special assessment district. It's a payment of $32, 442.47 for the property. Any questions? Chair Sarnoff Go ahead. You're recognized for the record. Commissioner Dunn: Yes. I wanted to know will we be using storm water utility funds for maintenance as well? Mr. Anido: Storm water utility fees will be used for the purchase and maintenance of the canal, yes. Commissioner Dunn: Okay. Chair Sarnoff All right. Let's open up a public hearing on RE.4. Anyone from the public wishing to be heard on RE.4? Hearing none, seeing none, comes back; closing the public hearing. Back to the Commission. Is there a motion? Commissioner Dunn: So moved. Commissioner Gort: Second. City of Miami Page 44 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion, gentlemen? Hearing none, Madam City Clerk, it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Unanimous vote. RE.5 10-00252 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Improvements PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED Program DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 3/25/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-00252 Legislation. pdf 10-00252 Exhibit 4-8-10.pdf 10-00252-Exhibit 4-8-10-SUB.pdf 10-00252 Summary Form.pdf 10-00252 Text File Report.pdf 10-00252 Text File Report 2pdf 10-00252 Attachment A.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0163 Chair Sarnoff RE.5. Bill Anido (Assistant City Manager & Interim Public Works Director): RE.5, it's a resolution amending the list of expedited projects. As shown on your package, several projects have been completed, new ones have been added. Any questions on this item? Chair Sarnoff I don't see any -- I'm going to open up a public hearing. Anybody wishing to be heard on RE.5, please step up to the podium. Hearing none, seeing none, public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Discussion, gentlemen? Hearing no discussion -- Priscilla A. Thompson (City Clerk): Before you take your vote, please, Chair. Chair Sarnoff Is it as amended? Ms. Thompson: I have a substitute sheet here. City of Miami Page 45 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Anido: Yes. I'm sorry. There is a substitute. Chair Sarnoff Can I see the substitution? I don't think received it. Commissioner Gort: There is? I didn't get one. Chair Sarnoff Let's table this. We'll go on to RE.6. Oh, wait, I just got mine. Okay. Okay, I'm okay. All right, coming back to the Commission. It is a resolution, gentlemen, as substituted. All in favor, please say "aye." The Commission (Collectively): Aye. RE.6 10-00107a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING IN ITS ENTIRETY RESOLUTION NO. 10-0057, ADOPTED FEBRUARY 11, 2010, RELATING TO THE FORMATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT ("MIMO BID"); FURTHER ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE MIMO BID AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF FIVE (5) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 10-00107a Legislation.pdf 10-00107a Exhibit.pdf 10-00107a Exhibit 2.pdf 10-00107a Exhibit 3.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0164 Chair Sarnoff All right, RE.6. Scott Timm: Good morning. My name is Scott Timm, executive director of the MiMo (Miami Modern) Business Improvement Committee, 7100 Biscayne Boulevard. RE.6 is asking you to rescind a resolution made on February 11 creating the MiMo Business Improvement Committee, casting out a petition vote to create business improvement district. We found in the materials that we sent out the map included as a part of Exhibit A did not match the folios that were intended to be a part of the BID (Business Improvement District). Rather than have property owners vote on inaccurate information, we're coming back to you, we're resending out new City of Miami Page 46 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 materials to the property owners with a revised map that shows the correct folios. Chair Sarnoff All right. Is there a motion? Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Public hearing. Anybody wishing to be heard on RE.6? Hearing none, seeing none, comes back to the Commission. Public hearing is now closed. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you very much, Mr. Timm. Mr. Timm: Thank you. END OF RESOLUTIONS City of Miami Page 47 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 BOARDS AND COMMITTEES BC.1 10-00338 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00338 Arts CCMemo.pdf 10-00338 Arts Current Members.pdf NO ACTION TAKEN BC.2 10-00339 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00339 Audit CCMemo.pdf 10-00339 Audit Current Members.pdf NO ACTION TAKEN BC.3 10-00340 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00340 Bayfront Memo.pdf 10-00340 Bayfront Current_Members.pdf NO ACTION TAKEN NOMINATED BY: Commissioner Francis Suarez Commission At Large BC.4 10-00308 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL City of Miami Page 48 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. ELECTED REPRESENTATIVES: SEATS REPRESENTED: Sean N. Moy Seat #1 Michael T. Dames Seat #2 10-00308 CSB CCMemo.pdf 10-00308 CSB Memo Board Appointments.pdf 10-00308 CSB Current_Board_Members.pdf NO ACTION TAKEN BC.5 08-01260 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01260 CIP Memo.pdf 08-01260 CIP Current_Members.pdf 08-01260 CIP Applications.pdf NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel BC. 6 10-00342 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chairman Marc Sarnoff Chairman Marc Sarnoff Vice Chairman Frank Carollo City of Miami Page 49 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II 10-00342 CSW CCMemo.pdf 10-00342 CSW Current Members.pdf NO ACTION TAKEN BC. 7 10-00341 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00341 CEB CCMemo.pdf 10-00341 CEB Current Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Richard Dunn II BC.8 09-01462 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez City of Miami Page 50 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Richard Dunn II Commissioner Richard Dunn II 09-01462 CRB CCMemo.pdf 09-01462 CRB Memo and Resumes.pdf 09-01462 CRB Current Members.pdf NO ACTION TAKEN BC.9 10-00357 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00357 CTAB CCMemo.pdf 10-00357 CTAB Current Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II BC.10 10-00343 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Amarilys Perez Louis Marshall III NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II AFSCME 1907 IAFF City of Miami Page 51 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 10-00343 EO CCMemo.pdf 10-00343 EO Current Members.pdf 10-00343 AFSCME Local 1907.pdf 10-00343 Memo EO - IAFF.pdf NO ACTION TAKEN BC.11 10-00344 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00344 Finance CCMemo.pdf 10-00344 Finance Current Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez BC.12 10-00348 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Vice -Chairman Frank Carollo (Citizen) Vice -Chairman Frank Carollo (Architectural Historian) 10-00348 HEP CCMemo.pdf 10-00348 HEP Current Members.pdf 10-00348 List HEP applicants Summary.pdf 10-00348 HEP Applications.pdf NO ACTION TAKEN BC.13 10-00204 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 52 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 APPOINTEES: 10-00204 Health CCMemo.pdf 10-00204 Health Current Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez BC.14 10-00349 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00349 Homeland CCMemo.pdf 10-00349 Homeland Current Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez BC.15 10-00350 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00350 MIC CCMemo.pdf 10-00350 MIC Current Members.pdf NO ACTION TAKEN BC.16 09-00538 RESOLUTION NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Richard Dunn II City of Miami Page 53 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II City Manager Carlos Migoya 09-00538 Liberty City 04-08-2010 Memo.pdf 09-00538 LCRT Applications 04-08-2010.pdf 09-00538 LCRT Current_Members 04-08-2010.pdf NO ACTION TAKEN BC.17 10-00345 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Represents employers within the City) (Actively engaged as a not -for -profit provider of affordable housing) NOMINATED BY: Mayor Tomas Regalado Commission -at -Large Commission -at -Large Commission -at -Large (Representative of those areas of labor actively engaged in home building) 10-00345 HCLC CCMemo.pdf 10-00345 HCLC Current Members.pdf 10-00345 HCLC-Nominates.pdf NO ACTION TAKEN BC.18 10-00351 RESOLUTION City of Miami Page 54 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00351 MSEA CCMemo.pdf 10-00351 MSEA Current Members.pdf NO ACTION TAKEN NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Richard Dunn II BC.19 10-00346 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00346 NAB Memo.pdf 10-00346 NAB Current_Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Richard Dunn II BC.20 10-00347 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00347 PRAB CCMemo.pdf 10-00347 PRAB Current Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez City of Miami Page 55 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 BC.21 09-01318 Office of the City Clerk BC.22 10-00352 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) (Youth Member) 09-01318 Advertisement.pdf 09-01318 OAB CCMemo.pdf 09-01318 OAB Current Members.pdf 09-01318 OAB Board Memo.pdf 09-01318 OAB Applications.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00352 PAB CCMemo.pdf 10-00352 PAB Current Members.pdf 10-00352 PAB Applications.pdf NO ACTION TAKEN BC.23 10-00012 RESOLUTION NOMINATED BY: Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II City of Miami Page 56 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00012 UDRB Memo.pdf 10-00012 UDRB Current_Members.pdf NO ACTION TAKEN NOMINATED BY: Chairman Marc David Sarnoff Vice -Chairman Frank Carollo Vice -Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II BC.24 10-00378 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00378 VKBPT Memo.pdf 10-00378 VKBPT Current_Members.pdf NO ACTION TAKEN BC.25 10-00209 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc Sarnoff Chairman Marc Sarnoff City of Miami Page 57 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II 10-00209 Waterfront Memo.pdf 10-00209 WAB Current_Members.pdf NO ACTION TAKEN BC.26 10-00354 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00354 Zoning CCMemo.pdf 10-00354 Zoning Current Members.pdf 10-00354 ZB Applications.pdf NO ACTION TAKEN NOMINATED BY: Chairman Marc David Sarnoff Vice -Chairman Frank Carollo Vice -Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Richard Dunn II BC.27 10-00390 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA CORPORATION, FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo City of Miami Page 58 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez 10-00390 Bayside Memo.pdf 10-00390 Bayside Non City Board.pdf NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 59 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 DISCUSSION ITEM DI.1 09-01456a DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES - SECOND QUARTER FY 2010 (1-01-10 THRU 3-31-10) 09-01456a Summary Form.pdf DISCUSSED Chair Sarnoff All right, I guess we're at the board -- Boards and Committees. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Oh, I'm sorry. You wanted to take -- didn't you want to do something? Mr. Migoya: There's two items that -- 'cause I'm going to have to leave early. One, which is a simple one, D1.1 [sic], it's a quarterly update. Chair Sarnoff I apologize. Go ahead. Mr. Migoya: There are no quarterly updates. Go ahead, Ana. Diana Gomez: Diana Gomez, Finance director. In accordance with the financial integrity ordinance, we're required to report any nonreimbursable grants and expenditures on a quarterly basis. For the second quarter of fiscal 2010, which ends March 31, 2010, there have been no reported nonreimbursable grant expenditures. Chair Sarnoff Thank you. END OF DISCUSSION ITEM City of Miami Page 60 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 PART B Chair Sarnoff (INAUDIBLE) Z.6, which is the Zoning administrator interpretation appeal. Are the folks from PZ. 6 ready to present? Priscilla A. Thompson (City Clerk): Chair -- I'm sorry, Chair. Chair Sarnoff I'm sorry. You were going to tell me something. Ms. Thompson: Right. There are two things that we'll need to do. First and foremost, if you would allow me to find out if anyone needs an interpreter. If not, we can save some money in the budget. And then, of course, for the PZ (Planning & Zoning) section, we do have to swear in individuals. Chair Sarnoff Okay. Ms. Thompson: Okay? Chair Sarnoff Why don't you proceed? Ms. Thompson: All right. Ladies and gentlemen, if you are going to be presenting on any other matters this afternoon, we're trying to find out if anyone needs a Spanish interpreter. Please let us know if you need a Spanish interpreter. Chair Sarnoff I'm sorry. Commissioner Gort: The mike. Ms. Thompson: The mike. Chair Sarnoff Oh, I'm sorry. Wasn't looking. The City Clerk's comments were translated by Spanish interpreter Paul Seligmann. Ms. Thompson: Thank you. Now, Chair, what we need to do is our PZ order of the day. If we're going in the PZ, we need individuals -- any individual here who will be testing on any P&Z matter, I need you to please stand up and raise your right hand so we can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sarnoff All right. PZ.1 09-01299Iu ORDINANCE 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 LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3679 AND 3681 SOUTHWEST 25TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO First Reading City of Miami Page 61 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-012991u Analysis.pdf 09-012991u Land Use Map.pdf 09-012991u Aerial Map.pdf 09-012991u Miami -Dade County School Board Concurrency.pdf 09-012991u PAB Reso.pdf 09-012991u Application & Supporting Documents.pdf 09-012991u CC Legislation (Version 2).pdf 09-012991u & 09-01299zc Exhibit A.pdf 09-012991u CC SR 04-22-10 Fact Sheet.pdf 09-012991u-Submittal-Elvis Cruz.pdf LOCATION: Approximately 3679 and 3681 SW 25th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jorge A. Lima, Esquire, on behalf of Madrid Restaurant, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 2, 2009 by a vote of 9-0. See companion File ID 09-01299zc. PURPOSE: This will change the above properties to "Restricted Commercial". Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right. PZ.1. All right, PZ.1. Roberto Lavernia (Chief of Land Development): For the records [sic], Roberto Lavernia, with the Planning Department. PZ.1 and PZ.2 are companion items, land use and zoning change. The Planning recommendation is for denial, thinking that there is intrusion of commercial uses into residential area. The Planning Advisory Board recommend denial. For the second item, the zoning change, the recommendation of Planning for the same reason was for denial. However, the Zoning Board recommended approval based on the representation of counsel that a covenant consistent with the parameters of SD-12 will be proffered to the Miami City Commission. Applicant presented draft covenant to the Planning Department and we review it and we are in agreement that all the necessary things related to SD-12 have been addressed in that covenant, including the ability of the Planning Department to approve a site plan like happens with -- it's an SD-12. So if the City Commission is inclined to accept the covenant, the Planning Department have no objection. Chair Sarnoff All right. So we'll open up PZ.1 and PZ.2 together for purposes of discussion. You're recognized for the record. Jorge Lima: Thank you. Good afternoon, Chairman Sarnoff, City Commissioners. My name is Jorge Lima, with the law firm of Holland & Knight, offices at 701 Brickell Avenue, joined by my colleagues, Juan Mayol and Ines Marrero, along with Dr. Juan Lata on behalf of the applicant, Madrid Restaurant, Inc. I have a very brief PowerPoint presentation which I will quickly go City of Miami Page 62 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 through to give you an idea of why we are here before you today. As mentioned by staff these are two companion items requesting a land use change on the property from duplex residential to restricted commercial, as well as a rezoning of the property from R-2 to C-1. Those are the technical requests of this application. The purpose of this application is simply to provide more parking. These -- this property's adjacent to a commercial property on 37th Avenue which has an existing restaurant use. It is a small business owner with a restaurant that has been there for many years. That restaurant is undergoing renovations. And as part of that renovation -- Maria J. Chiaro (Deputy City Attorney): Mr. Chairman, you've lost a quorum. Chair Sarnoff All right. We'll wait. Want to take a five-minute recess? Well, we know where one Commissioner is. We know where one Commissioner is. Sorry. Mr. Lima: No worries. Thank you. Chair Sarnoff All right, please continue. Mr. Lima: Thank you. As I was mentioning, the purpose of the application is simply to provide more parking for an existing restaurant which is located at an adjacent property on Southwest 37th Avenue. The purpose of that additional parking is not only to, of course, serve the patrons of the restaurant, but at the same time, reduce the impacts of those patrons to the surrounding community. To give you an idea, a concept of the property, it is two lots which face Southwest 25th Street. They are located close to the intersection of 25th Street with Southwest 37th Avenue. Southwest 37th Avenue is the western boundary of the City. Directly across the street is the City of Coral Gables, and more specifically, Coral Gables Hospital. Southwest 37th Avenue serves as a major commercial thoroughfare in the City ofMiami with commercial development stretching north from Coral Way down past the property to Douglas Park close to Bird Road. However, it's important, as I mentioned before, to take the property in context with the surrounding area. This diagram will reflect the property dissected into three parcels. On the eastern side is the -- what's hashed in blue is currently vacant. And that represents half of the subject property before you today. What's hashed in yellow is the remaining half of the subject property. What's important about the yellow portion is that that part of the property has already been approved for parking use and has been used as such. That was approved pursuant to a conditional permit which was approved on the property in 1977. What's in green is the adjacent commercial site. All three sites are under common ownership and on the green site is where the existing restaurant is. And again, I would like to emphasize the purpose of this application has nothing to do with an expansion of the restaurant. The restaurant is not being expanded. What is being sought is solely the expansion of a -- of the parking for that restaurant. It's important to also notice the adjacent properties. If you notice to the north -- and let me back up for a second. According to your -- the City's land use map, it'll say that there's duplex residential designations to the north, but that's not entirely true as to what is in fact on these sites. You'll notice to the north of the property, which is outlined in blue, that which is outlined in red, which is an existing medical office. That medical office has also been there for many, many years and you will notice that it reaches further east into the residential district than the subject property would. So this property, in essence, is actually cornered by commercial development to the north and to the west. Briefly walk you through some pictures of the site. This is the restaurant itself from Southwest 37th Avenue and Southwest 25th Street. This is the existing parking lot. You'll notice in the back that is the wall which separates it from the medical center to the north. This is the view from Southwest 37th Avenue starting with the medical center, then the restaurant and then the condo to the south. This is more pictures of the medical center stretching from 37th Avenue eastward, and the medical center from 37th Avenue with a view of its parking garage. This is the condo development which is located to the southwest of the property directly in front of the restaurant. It's an eight -story condominium building. As staff has mentioned, this application did go before your Planning Advisory Board. They did recommend denial. However, on the record, many of those board members expressed their support of the application and indicated City ofMiami Page 63 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 that they were not allowed to take into consideration the declaration which the owner is proffering, and because of that they did vote for denial. Your Zoning Board, however, was able to recommend approval of the application, with acceptance of the declaration. To give you a little bit more on that declaration, which has been provided to staff and, as they mentioned, they reviewed it and are in accordance with it, the primary purpose of the declaration is to restrict the use of the property solely to surface parking lot. We have been in several meetings with the neighbors and as part of those meetings, we've also included language should the parking use cease, at that point the then -owner of the property would be required to file with the City an application to rezone the property back to residential. Again, just more assurances that the owner's intent is solely to provide surface parking. There is no intention of actually constructing any commercial building on this site. Additionally, in conversations with those neighbors, we also have committed to create -- provide a wall buffering for the property to the west. And in response to comments from staff there is additional language in that declaration which would require, should this application be -- both items be approved, any site plan must be submitted to your Planning Department for review before a building permit would be issued. I won't go through that since staff has already mentioned that they are in support in light of the declaration. Quickly, in summary again, this is just a small business owner. It's an existing restaurant. It is there. It actually will continue to be there irregardless of the outcome of these applications. The owner is simply freely undertaking this application to provide more parking for his patrons and remove any new -- any problems with parking in the swale in that area. That is my presentation and I'm happy to answer any questions you may have. Chair Sarnoff All right. Is there any --? Let's open up the public hearing. Is there anyone from the public wishing to be heard on either PZ.1 or PZ.2? You're recognized for the record. Luis Herrera: My name is Luis Herrera, president of Vizcaya Homeowner Association. In this particular place, and we fighting for a long time keep maintained. They are residential -- R-2 or C-1, like a residential. But this particular time, this person, they want to use the parking only for the restaurant. Only the parking they going to use for that particular place. Now, in the meetings we have with this gentleman, we discussed that as soon as the restaurant didn't exist anymore, so they have to be come back in front of you and rezoning back to R-2 like it's supposed to be. We gave you the opportunity with the neighborhood. We gave you the opportunity to use the particular place parking only, and that's the way he -- we support him only for use of parking. And at such a time, in the period of time or future the restaurant didn't exist anymore, so they have to be come back at R-2. That's why he put the covenant in the land - - or the property -- the property papers to running the covenant with it in case in the future they don't use it anymore. So we accepting like a parking. Not for the -- and in the future, if he selling -- it's in the record. I want it in the record. In the future, if he selling the property, they have to be come backR-2. That's what we want and that's what he accepted. Thank you. Chair Sarnoff Is that what you provided? Mr. Lima: Yes. It is the intent, if the app -- if the Commission is so inclined to approve the application and accept the proffer declaration, it would be recorded into the public record and run with the property binding any future owners through that language which states that if the parking use should cease, the owner would then be required to file a rezoning application with the City to rezone it back to R-2 or the appropriate designation. Chair Sarnoff Can that be done, Madam City Attorney? Okay. All right. Anybody else in the public wishing to be heard on PZ.1 or PZ.2? All right, coming back to the Commission. This was a neighborhood that -- actually across the street was Commissioner -- then -Commissioner Regalado's neighborhood. He asked me to convey to everybody that he strongly recommends for PZ.1 and PZ.2 to be passed. It happens to be my neighborhood, but believe it or not, we used to always confer, on the dais appropriately, on anything that was very close to that particular section. So if somebody would make a motion on PZ.1, I'd appreciate that. City of Miami Page 64 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Suarez: So move, Chairman. Commissioner Dunn: I second it. Chair Sarnoff PZ.1 is moved by Commissioner Suarez. It is second by Commissioner Dunn. I guess I need to close the public hearing. I apologize, Madam Clerk. Commissioner Suarez: No. I think the gentleman needs to say one last thing. Mr. Herrera: Excuse me, Mr. Chairman. I want to -- because he going to put a sign in the parking when they using the parking. The car make a right turn and go out on 37th Avenue. Now -- in the -- and they don't make left turn inside of the neighborhood. But he can put a piece of concrete or division in the middle of the road so they can force the people from out of the restaurant go out to the left, like we used to be doing in 16th Avenue on southwest behind (UNINTELLIGIBLE) Restaurant and we put something in the middle there so the traffic going to the right all the time so instead of getting into the neighborhood. Thank you. Chair Sarnoff Have you discussed this? Mr. Lima: We -- not the specifics of the concrete. So I'm not exactly sure as to -- Are you requesting something be put in the middle of the actual road or from the driveway? Commissioner Gort: He's got to go to Public Works. I mean, that's -- Commissioner Suarez: Yeah. He can't do that, I don't think. Mr. Lima: Right. We would not -- we can't condition what we can and cannot put in the road 'cause that is subject to Public Works' approval. Chair Sarnoff Okay. Commissioner Suarez: Yeah. Mr. Lima: We'd be happy to put -- I mean, on the driveway it could be designed in a way to permit only right -turn lanes from the property itself. We'd be -- Chair Sarnoff I think you can only control your property. Mr. Lima: Correct. Chair Sarnoff Right. Commissioner Suarez: Right. Chair Sarnoff All right. So we have an ordinance, Madam City Attorney. We have a motion and a second. Public hearing is now closed. The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Gort? Commissioner Gort: Before I vote, I want to thank the homeowner organization for working very closely with the application because we need to understand some of the small businesses. A lot of restaurants have ownership, six or seven different owners and the main reason there's no City of Miami Page 65 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 parking. So I appreciate it. Yes. Ms. Thompson: Continuing. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Before I vote, I'd like to also commend the residents for coming to the table and negotiating and getting -- you know, creating a situation where it was a win -win for both parties. And I've grown up in that area andl visited that restaurant many, many, many times. And it's a -- like Versailles in my district, it's a restaurant that has a lot of meaning for a lot of people and it's good that we're -- as a body, we're trying to support that business. So my vote is yes. Ms. Thompson: Okay. And then Chair Sarnoff? Chair Sarnoff I just thought I'd let you know, the first time I ever met a mayor and had lunch with him was at that restaurant and it was your father. Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.2 09-01299zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3679 AND 3681 SOUTHWEST 25TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01299zc Analysis.pdf 09-01299zc Zoning Map.pdf 09-01299zc Aerial Map.pdf 09-01299zc Miami21 Map.pdf 09-01299zc Letter of Intent.pdf 09-01299zc Application & Supporting Docs.pdf 09-01299zc Survey.pdf 09-01299zc ZB Reso.pdf 09-012991u & 09-01299zc Exhibit A.pdf 09-01299zc CC Legislation (Version 3).pdf 09-01299zc CC SR 04-22-10 Fact Sheet.pdf 09-01299zc-Submittal-Elvis Cruz.pdf LOCATION: Approximately 3679 and 3681 SW 25th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jorge A. Lima, Esquire, on behalf of Madrid Restaurant, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. City of Miami Page 66 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 ZONING BOARD: Recommended approval to City Commission on January 11, 2010 by a vote of 5-0. This Zoning Change is recommended for approval based on the representation of counsel that a covenant, consistent with the parameters of "SD-12", will be proffered to the Miami City Commission. See companion File ID 09-012991u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant will proffer a covenant for these properties. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right, PZ.2. PZ.2 is with a covenant, counsel? Jorge Lima: Correct. Chair Sarnoff A voluntary one? Mr. Lima: Yes. Chair Sarnoff All right. Commissioner Suarez: So moved. Chair Sarnoff So we have a motion -- PZ.2. Let me just open up the public hearing. Let me close the public hearing. PZ.2, do --? We have a motion by Commissioner -- Commissioner Dunn: Second. Chair Sarnoff -- Suarez, second by Commissioner Dunn. Madam City Attorney, it is an ordinance. Roberto Lavernia (Chief of Land Development, Planning Department): Question. It was mentioned that the covenant, it should be added the inclusion of a sign of right turn only. Do you want that to be part of the plan that the Planning Department -- Chair Sarnoff Yes. Mr. Lavernia: -- will be reviewing? Commissioner Gort: Yes. Chair Sarnoff Yes. Mr. Lavernia: Thank you very much. Chair Sarnoff Thank you. Priscilla A. Thompson (City Clerk): So does this mod --? Chair Sarnoff As modified, the mover accept? Ms. Thompson: Thank you. City of Miami Page 67 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Suarez: Yes. Chair Sarnoff As modified, the seconcer accept? Commissioner Gort: Yeah -- yes. Chair Sarnoff Thank you. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call on the modified first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.3 09-01344zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; AND REPEALING ARTICLE 8.1 OF ZONING ORDINANCE 11000, THE ZONING CODE OF THE CITY OF MIAMI, ENTITLED "TREE PROTECTION" IN ITS ENTIRETY, AND INCORPORATING ITS PROVISIONS INTO A NEW ARTICLE I IN CHAPTER 17 OF THE CITY CODE, TO CREATE A NEW ARTICLE I ENTITLED "TREE PROTECTION IN GENERAL"; ALSO ADDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE I; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01344zt CC Legislation (Version 3).pdf 09-01344zt CC FR 04-22-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 17 to establish procedures for the removal of trees in environmental preservation districts, repeal Article 8.1 of Zoning Ordinance 11000 and incorporate those sections into a new article of Chapter 17 entitled "Environmental Protection." Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II Note for the Record: Item PZ.3 was deferred to the City Commission meeting currently scheduled for April 22, 2010. Orlando Toledo (Senior Director, Building, Planning & Zoning): Chair? City of Miami Page 68 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff All right. You're recognized for the record. Mr. Toledo: Just to -- so that we go ahead and defer PZ.3 -- Chair Sarnoff PZ.3. Mr. Toledo: -- to April 22. Chair Sarnoff Okay. Do we need a motion for that, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes, sir. Chair Sarnoff Is there a motion to --? Vice Chair Carollo: So moved. Chair Sarnoff We have a motion by -- Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Carollo, second by Commissioner Suarez. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Anything else, Madam -- Mr. -- Mr. Toledo: That'll be all. Chair Sarnoff -- Manager? All right. PZ.4 08-00680Iu ORDINANCE 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 LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading City of Miami Page 69 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 08-006801u Analysis.pdf 08-006801u Land Use Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-006801u School Board Concurrency.pdf 08-006801u PAB Reso.pdf 08-006801u CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-006801u CC SR 04-08-10 Fact Sheet.pdf 08-006801u-Submittal-Tangela Smith.pdf 08-006801u-Submittal-Steve Hagen.pdf LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 08-00680zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13152 Chair Sarnoff All right, PZ.4. Jorge Lima: Thank you. Chair Sarnoff Thank you. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 andPZ.5 are also companion items. This is the second reading of a request for a land use and zoning change for the property on 1421 Northwest 61 st Street. The Planning recommendation is for approval. The Planning Advisory Board recommendation was for denial. On number 5, the zoning, recommending to the City Commission -- the Planning Advisory Board recommended to increase the size of the existing park and recreation zoning in this area and direct the Planning Department to examine the existing R-3 zoning on this block and surrounding block, and the recommendation was 7-0. Thank you. Commissioner Gort: Was PZ.3 deferred? Chair Sarnoff Yeah. I'm sorry. PZ.3 was continued, as far as I know. Priscilla A. Thompson (City Clerk): That is correct. Chair Sarnoff Right. All right. Let me open up the public hearing. Public hearing is open on PZ.4 andl'll equally open it up on PZ.5. Anyone from the public wishing to be heard on PZ.4 City of Miami Page 70 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 and PZ.5 since it is the City Manager who is the applicant? You're recognized for the record. Estrella Sibila: Thank you. Good afternoon, Commissioners. Estrella Sibila, with law offices at 2525 Ponce De Leon Boulevard. I'm here today on behalf of Carrfour Supportive Housing. There is a long history to this application. There was an RFP (Request for Proposals) issued by the City. Carrfour is -- was granted the award to develop this site, four affordable housing units. This was a City -initiated project. We've worked with the City, the County, and the State. There's $10 million in funding for this project. The reason that we're here today is there is a 5, 000-square foot lot that is part of the entire development site. There's about 11 lots that comprise the entire site for this housing development. One of those lots is designated for parks. It appears that it was possibly a mapping error that came from God knows when in history, maybe from the transfers that occurred in the zoning maps, but regardless, at this time, we've came to the City Commission on I think six different occasions and we can't suffer anymore delays on this. We have $10 million at risk that we would risk losing at a time when the State isn't having a cycle to fund additional housing projects, so we have to keep that in mind. This project's already fully funded. We're ready to go. We need the zoning in place so that we can continue with the State financing, get that through so that we can bring this actual project to realization. It provides for 60 units, 75 construction jobs, three to five permanent jobs, and it would really bring an asset to this particular area. There is a concern by the citizens of the area with the loss of park space, and what we've done at the request of this Commission is we have contracted to purchase the corner piece, which is the piece that would create a continuous park, and let me -- Just so that we have an understanding. African Square Park is this portion here. These parcels are owned by the City. These parcels are owned by GSA (General Services Administration), which is the County. And this parcel here is owned by a private owner. What we've done now is in order to make one continuous park that makes a little bit more sense is we've contracted to purchase this corner piece to offset the loss in the zoned park area over here. So, essentially, we'd have one continuous parkland that would be fronting on the main corridor of Northwest 62nd Street and would provide a continuous park rather than something that's divided by a public alleyway and there is an existing wall that separates any sort of continuity from one side of the park to the other. Chair Sarnoff What does GSA use it presently for, the other lots? Ms. Sibila: It's part of the park. Chair Sarnoff Park? Okay. Ms. Sibila: Yeah. I think the community center is built on the GSA parcels. The other thing that this Commission was concerned about that we've also satisfied through our various efforts -- and let me just go back to the purchase of that corner piece. That was never contemplated and it's something that we've added to the City's park space because of our interest in really making this whole thing work and bringing this affordable housing development project to fruition. We've not only contracted with them, but because of the different delays, for one reason or another, we've had to extend that contract on two different occasions. So that's cost additional funds to go into this where, you know, there is this continuous delays and uncertainty as to whether we're going to actually get this to work. The final thing that you -- actually, Mr. -- Commissioner Carollo, who's not here, was eager to see was a declaration of restrictive covenants that would tie this particular site to the development that we had shown you. We have the declaration of restricted covenants. We've already drafted it. It's been reviewed by the City Attorney's Office. There is no ability for us to build anything different than what we've promised you. I know that was a major concern. We've already alleviated those concerns by way of this declaration of restrictive covenants. We can't -- you know, we can't build this unless you give us the properties that we are actually paying for. We're paying off all the bonds. We're paying for the additional lands. We've covenant -- we've provided the covenant to secure the building and the design as you've seen it, and we've essentially complied with everything at the request. We've reached out City of Miami Page 71 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 to the neighbors on several occasions. At times they never wanted to speak to us; other times they did meet with us and said it doesn't matter what you tell us, we just want it to be grass, which, you know, it's a very harsh position to take, particularly since this has been in the works since 2005 and it's been funded at the State level, at the County level, and also there's City money that's involved in this project as well. It would be a total shame to just kick this aside at this point in time. I'd like to reserve a couple of minutes to be able to address any other questions that you may have. I have our architect here that could answer questions regarding the project. I have also my principals from Carrfour here as well that could give you a little bit of further background on the state of affordable housing and some of the funding cycle issues that we're realistically looking at in terms of money not being able to trickle down to our cities for these types of projects. It's a very serious concern, and we're here to answer any questions. We hope that you will continue to support this. This was a project that was strongly supported by the former district Commissioner, and we hope that we have your support as well, Commissioner Dunn, and we'd really appreciate a vote for -- to move this forward on second reading. Thank you. Chair Sarnoff Thank you. Yes, sir, you're recognized. Joel Smith: Good afternoon, Mr. Chairman, members of the Commission. My name is Joel Smith. I'm not here as a professional in any shape, form, or fashion. I'm here to provide information to the board regarding the tremendous project, the tremendous service that you host here in the City ofMiami, county of Dade. I live in Carrfour housing. Originally, I'm from Chicago, Illinois, and I've lived in urban areas all my life. I've also seen efforts to provide housing to low-income people. I came to Miami in 2000 andl worked for the City of Miami's homeless outreach program, commonly known as the Greenshirts, and came to know the urban areas very well here in this city. I would just like for the board to understand that Carrfour housing is unique in every sense of the word. It's not just geared towards the low-income residents. It's geared towards no -income residents. City ofMiami, Dade County through Carrfour has the ability to transition a person from sleeping in Government Center or sleeping in the parks to having their own apartments. Andl need to let you know that the apartments are not substandard. Every site I've visited is very beautiful, well -kept, well -constructed And along with providing homeless people with their own apartment, their own keys, there are tremendous amount of supportive services available for the residents to take advantage of. Myself, earlier here in the meeting, we had some police officers here, and the board -- one of the board members were speaking about crime in the streets. We know that poverty, homelessness, drugs, crime all go hand in hand. If you could see the particular residence that live in, the property that I live in is located at Little River Bend at 82nd -- between 82nd and 83rd on 4th Place northeast, one block west of Biscayne. I've also been at the location at 62nd Street known as Little Haiti. Chair Sarnoff Mr. Smith, I'm going to ask you to -- in conclusion because everybody's going -- Mr. Smith: I will. Chair Sarnoff -- to want to speak, and -- Mr. Smith: I will. Chair Sarnoff -- I can't -- we don't happen to have the beeper going, but I've just given the hand signal. Mr. Smith: Okay. Thank you, sir. I appreciate that. Chair Sarnoff Thank you. City ofMiami Page 72 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Smith: I guess in summary, I'd just like to say that we're big about recycling, but Carrfour actually provides recycling of human beings. Thank you. Chair Sarnoff Thank you, Mr. Smith. Ms. Thompson: Chair, ifI might. Chair Sarnoff Yes, sir. Ms. Thompson: More individuals have come in and they've signed in to speak and -- Chair Sarnoff Has anybody here not taken an oath? Ms. Thompson: And they plan to speak. Chair Sarnoff All right, so you're going to need to -- I'll let the City Attor -- City Clerk handle this. Ms. Thompson: If you are planning on speaking on any other of -- any of the PZ (Planning & Zoning) items left on the agenda and you have not been sworn in yet, I please need you to stand and raise your right hand so I can administer the oath. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Thank you, Chair. Chair Sarnoff All right. You're recognized for the record. Roy Hardemon: Good evening, Commissioners, Mayor. Roy Hardemon, 655 North [sic] 48th Street. I'm here in support of the Carrfour development behind the African Square Park. In 1999 we, as citizens of the neighborhood, set out to straighten out the drug -infested area, which was known as Germ City. We did just that. We knocked down the housing that was there to make better housing. In 2005, I was placed on the Model City Trust, and in being there, we made commitments to the residents that they would be able to return. This development gives our community that opportunity to return. The lot that's in question, I work for parks, and I'll do anything I possibly can to preserve the greenness in our neighborhoods for the parks. When it came to my attention that we're going to be taking properties that's on the opposite corner, on the west corner of 62nd and 15th Avenue and replacing it with the lot that's going to be lost, it helped me make a decision to support the transfer of zoning and to keep the houses coming back. And would greatly appreciate your [sic] all support to make sure that this project don't be hindered in no way. Thank you. Chair Sarnoff Thank you. All right. I think Commissioner Dunn is going to make a statement. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. Once again, I just want to make a possible Jennings disclosure. My staff andl met with representatives of the Miami Neighbors [sic] United, as well as representatives of the developers on March -- approximately March -- well, March 17, at approximately 3: 30 p.m., regarding this issue, PZ.5, the legislative comprehensive plan change. Both parties advised me as to certain facts about the item, namely, the diminishing park space in the City, the disapproval of the neighbors over the project, and from the developers, assurance to the community that this project would not result as a slum or in a slum. In an abundance of caution, again, since there's a rezoning attached to this legislative item and the MNU (Miami Neighborhoods United) representatives as well as with representatives of the City of Miami Page 73 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 development -- developers communication did not seem to clearly limit their comments directly to the legislative item, I am disclosing this communication in order to give each party, both from the MNU as well as the developers' side, an opportunity to rebut anything of what was mentioned to me at that meeting. This communication has not swayed me in any shape, form, or fashion, andl will continue to be as impartial about this item as I was prior to the communication. I just wanted to put that for a matter of record. Chair Sarnoff Thank you. All right. Next speaker, and if you want to address Commissioner Dunn, I think that's appropriate. Yeah, I think that's appropriate. All right, next speaker. Julie O. Bru (City Attorney): Mr. Chair, ifI may. I just want to remind the Commission that this item that's before you is not about this proposed development. It's about changing the land use in a specific parcel, so you really should limit the discussion as to the analysis of why this land use change is or isn't in compliance with our comp. plan. Chair Sarnoff Okay. You're recognized for the record. Hershel Haynes: Okay. My name is Herschel Haynes, and I'm chairman of the Hadley Park/Model City Homeowners Association. And I'm here to ask that you would continue to follow the direction that the PAB (Planning Advisory Board) has initiated. I think they have done an outstanding job in regards to hearing the people who came and visionarily [sic] looking at the area and recognizing that it's congested as it is and families growing need places for their kids to play. And so it just makes good common sense to look at how we are going to make provisions to make that happen. And so we are asking that you would go along with the PAB in regards to using that land to expand the park rather than taking the land for affordable housing. Some of the things that, briefly, is not being said here is all of the buildings that recently -- in recent years have been put in that area, the initial concept was to provide homes, affordable homes for the people to come back in that area. And what has happened instead is we get complaints that the rent is just more than out of their reach. And so we just want to ask that you would consider all of the vacant properties in that area, look at some of those properties, and we have absolutely no opposition to using some of the other properties for the exact reason they want to use this particular -- Chair Sarnoff Mr. Haynes, I need you to conclude. Mr. Haynes: I'm sorry? Chair Sarnoff Are you done? Mr. Haynes: Yes. Chair Sarnoff Okay. Thank you. Next up. If you all could line up behind -- Orlando Toledo (Director, Building): Mr. Chair? Chair Sarnoff -- the podium. Yes, sir. Mr. Toledo: Just to add what the City Attorney said, just to make it very clear that it is a City application, not an application that is submitted by any developer. Chair Sarnoff I thinkl said it was by the City Manager. Okay. Folks, I'm going to ask you to line up behind each other so I can get a look-see to see who's going to be speaking on this issue. So next person up, and there's no reason to have any time frame in between. I'll close the public hearing if you want. Next person up. City of Miami Page 74 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Elaine Black: Hello. Elaine Black, Liberty City Trust. Thank you so very much for allowing us to testify. The parcel of land that we're talking about is approximately 5,000 square feet. We would like for the zoning to be changed to residential to allow the Parkview Garden Apartments to be built on that site. In exchange, the developer has agreed to buy another parcel of land that is located adjacent to the African Square Park that would allow for the expansion of African Square Park right there on 62nd Street. These particular apartments will provide much needed garden -style apartments within that area. This has been an item that has been discussed extensively at Liberty City Trust meetings over the last several years, and our residents are in support of having this additional housing at very, very reasonable interest rates -- I'm sorry, very, very reasonable rental rates and being managed by Carrfour, which is an excellent property manager in our area. Thank you so very much for a positive consideration. Thank you. Chair Sarnoff Thank you. Next up. Stephanie Berman: Hello. My name is -- Chair Sarnoff I'm going to say it one more time. If you're going to be speaking, you should be lined up behind the people who are speaking right now. Okay. Go ahead. You're next. Ms. Berman: Okay. My name is Stephanie Berman. I'm the president of Carrfour Supportive Housing. For those of you that are not familiar with Carrfour, we're a not -for -profit developer of supportive housing for the homeless. We were founded in 1993 by the Miami Chamber of Commerce and our mission is to end homelessness by developing supportive housing. We have a number of developments within the City ofMiami. We currently serve over 1,000 men, women and children. Most -- some of you have been to some of our projects in the City ofMiami, the Villa Aurora we just recently opened. Andl would hope that you would think that they are undistinguishable from anything else in the neighborhood as far as whether it's market rate or homeless housing or affordable housing. I think we do our best to make sure that you drive by it and that you don't know that it's affordable housing and that it really is one of the nicer buildings in the community and we really strive to do that and we commit to doing that with Parkview as well. I did want to address the issue of the rents that would be charged to the residents at Parkview that came up from the other speaker. The rents that we're committed to, and actually required to charge, we can't charge more than that, is between $314 for one bedrooms to a maximum of 865 for three bedrooms. And we're restricted to comply with that, so we cannot go over those rents. Chair Sarnoff Thank you. Ms. Berman: Thank you. Chair Sarnoff Next, sir. Richard Strell: Hello. My name is Richard Strell. I live at 404 Northeast 35th Street. Thank you for having me, Commissioners. I'd just like to say that think the people that want this to be used for a park all pretty much support a need for more affordable housing in the area. That's not at issue, but that this piece of land in particular which is near the park is used -- has a better use, which is its current use. In looking at what other properties in the area are selling for, I'm seeing that land is selling for under $5 a square foot. That's very inexpensive. There are also apartment buildings with 30 and 40 units in the area that are for sale, where the units are for sale for under $25, 000 a unit. And there are single-family homes that are for sale for under $25, 000 a house. There's many opportunities in the area to provide affordable housing, either by using existing empty land, by buying existing apartment buildings that could be rehabbed or by buying homes that are sitting empty. And given our housing crisis, this would kill two birds with one stone. It would be taking up some of the properties that are sitting empty and putting them to the use that's desired for housing and saving this piece of land that both the PAB City ofMiami Page 75 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 (Planning Advisory Board) says should be saved and also the Model Cities Association has requested and it seems like most people in the neighborhood want. So I just would like to say that I feel the same way. I wish you would consider not changing the zoning of the land and keeping it to go with the park. Thank you. Chair Sarnoff Thank you. Commissioner Dunn: Mr. Chair? Chair Sarnoff Yes. Chair Sarnoff Could l just ask -- could you restate for the record your address? Mr. Strell: Sure. It's 404 Northeast 35th Street. Commissioner Dunn: Okay. Thank you. Mr. Strell: Thank you. Chair Sarnoff Yes, sir. Steve Hagan: Steve Hagen, 725 Northeast 73rd Street. I'm chair of the Parks and Public Space Committee, Miami Neighborhoods United. Is Ms. Sands here? This is started 5 -- you know, well, we started 30 minutes before the time that we were told to be here. I have petitions and things that she's collected. I have memos that have been sent via e-mail (electronic) between Elaine Black and the developers. All this information, andl would ask that you wait, you know, to hear her testimony. I can go on while we're waiting for her. In case we need to appeal whatever your decision you make today, I need to ask several questions, which the public and you deserve to have answers to in regarding this application. We ask you, Chairman Sarnoff, to either allow a response as I ask of the Administration or they can do it at the end. I'll first start with the reasonings of why this land adjoining African Square Park should not be rezoned to R-3 to allow for the construction of these live-in units. You must give high weight to the unanimous recommendation of the Planning Advisory Board to rezone the parcel in question and the second recommendation of the Planning Advisory Board to change the R-3 zoning to park zoning to allow for the expansion of African Square Park, one of Miami's smallest parks, which has less than 30 percent green space. And if Ms. Sands was here, she would tell you that the children in that area have to go quite a distance to have programs. As far as we can determine, this project was begun actually by the Carlisle Group, but it was passed off to Carrfour sometime before the middle of 2008. Did Carlisle know something about the parcel of land in question zoned park or did they know that this type of project in this area was going to be -- was going to have trouble being built and being rented? As far as we can determine, the only public meeting of any type on this proposed project was called in early 2008 by Elaine Black of the Liberty City Trust. The residents attending, including the woman here today, Ms. Sands -- well, she's not here yet -- made it clear that they did not want this project on this land. They wanted it to be parkland. Please see -- I have an e-mail provided by Ms. Sands -- 'cause she was copied -- between Elaine Black and Carrfour. Chair Sarnoff Mr. Hagen, is there anybody willing to give you his time because he s out of time? Nina West: I'm willing. Chair Sarnoff All right. Let's give him two minutes from Nina West. Proceed. Mr. Hagen: Wait 'til we get to the questions. To DougMayor of Carrfour asking him to meet City of Miami Page 76 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 with the neighborhood. The e-mail was copied to the Commissioner Spence -Jones and staff. No such meeting ever occurred, despite the fact that Ms. Sands made numerous calls to Commissioner Spence -Jones for such a meeting. Indeed, this project has been proceeding behind closed doors with no sunshine. The only reason we are here today is because it was discovered that one parcel was zoned parkland MNU (Miami Neighborhoods United) got involved in late 2009 when the zoning change was first published for hearing. We cannot believe the City was using parkland for housing. I took pictures at the site, which showed that no red hearing notices had been posted. That is when we met with the neighbor and her daughter who both testified -- said -- told me that the sign -- that there were never any red signs on this property. Five candidates running for the district five Commission, including Reverend Dunn, stated in a public forum that they would vote against a zoning change and that they would advocate for the expansion of the park. Spence -Jones was absent, as was one other candidate. I made it very clear of what the question was. I made it very clear as to what the recommendations of the Planning and [sic] Advisory Board were. The above reasons alone are enough to deny this application, but since people are talking about the project here, I think we need to learn about this project because public funds are being used. We understand that the parcel in question and the adjoining parcel are owned by the City. Here come the questions. When were the parcels acquired and what type of funds were used? Were any HUD (Department of Housing and Urban Development), HOPE VI funds, federal funds, state funds, or funds intended for impact fees used to purchase this land? Chair Sarnoff I don't mind answering that. Can somebody answer that question? George Mensah: George Mensah, director of Community Development. The site in question, which is the one that the zoning is being (UNINTELLIGIBLE) was bought using CBDG (Community Development Block Grant) funds, and the anticipated use of those -- of the particular site is eligible use of CDBG funding. The other sites had some type of bond financing involved, and this will be repaid at the time of transfer so that the bonds will be made whole. Chair Sarnoff Well, let me see if I understand what you just said 'cause I'm not sure I do. Mr. Mensah: Okay. There are two different parcels involved here. You have one parcel, which is about 5,000 square feet, which was purchased using -- Chair Sarnoff Which parcel? Mr. Mensah: -- which was purchased -- Commissioner Gort: The green. Mr. Mensah: -- a long time ago using -- Chair Sarnoff The lower one? Mr. Mensah: -- CBDG funds. Commissioner Gort: The one in green, the lower one. Chair Sarnoff Okay. That was purchased with CDBG funding? Mr. Mensah: Yes. Chair Sarnoff Okay. Mr. Mensah: And then you have another set of -- the other type of lots was purchased using City of Miami Page 77 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 bond financing. Chair Sarnoff Bond financing? Mr. Mensah: Yes. Chair Sarnoff What bond financing? Mr. Mensah: It's -- I believe it's the neighborhood bonds. I'm not familiar with the terms. Chair Sarnoff Are we talking about the parcel at the very northwest corner that's going to be used as the park? Mr. Mensah: No, no. This is the parcel that the whole project is on. The project is made up of - - the project consists of different parcels. One is 1435 Northwest 63rd Street. That is the parcel that was purchased using bond finance -- bond funds. Chair Sarnoff Bond financing? Mr. Mensah: Yes. Commissioner Gort: Who's obligation? Mr. Hagen: What type of bonds? Mr. Mensah: It's from the District 5 -- I don't have the information here. But this is one of the -- this is part of the whole Model City acquisition of lots for the Model City project, which was swapped out from HOME (Home Investment Partnership Program) funds to bond funds. We've been to City Hall a number of times to explain this particular project. Chair Sarnoff Commissioner Gort, you're recognized. Mr. Mensah: Yes. Commissioner Gort: Is this from the issue of the Homeland Security bonds that were issued? Mr. Mensah: Yes. I think it was -- Commissioner Gort: Is that what you're talking about? Mr. Mensah: -- homeland bonds, yeah. Commissioner Gort: Okay. Ms. Bru: Yes. And -- go ahead. I have to understand clearly what Mr. Mensah is saying. The parcel that is here before this Commission to have its land use changed, you're saying some of it was purchased with CDBG money and a --? Mr. Mensah: No, no. That particular portion is -- was solely purchased using CDBG funding. Ms. Bru: Okay. All right. So the parcel that is before you for a determination on the land use was purchased with CDBG monies. That's what's before you. Chair Sarnoff Andl thought that's whatl was hearing at first, and then I thought he was breaking that down into two different funding sources. City of Miami Page 78 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Mensah: No, because you have a bigger parcel. The development itself is made up of a bigger parcel. Chair Sarnoff Here's my easy way of doing it. You see that little square in green right there? Mr. Mensah: Yes. Chair Sarnoff Come here. Come look at it. Was that purchased with CDBG money? Mr. Mensah: Yes. Chair Sarnoff Okay. I gotcha now. Any other money used other than CDBG money? Mr. Mensah: Not on that parcel, no. Chair Sarnoff Okay. I gotcha. Mr. Hagen: What funds were used for the remaining parcels? Chair Sarnoff What other parcels are there? Commissioner Gort: The bonds. Mr. Mensah: Well, the remaining -- Ms. Bru: That's not part of what the application before you concerns. Mr. Hagen: Well, it certainly has to do with the project that we've already talked about here. Ms. Bru: The project is not before this Commission at this time. Mr. Hagen: However, it's been opened up already. We've talked about the project here. Chair Sarnoff All right. Mr. Hagen: Well then, what funds were used to demolish the property or any of these -- HOPE, HUD, federal, state, or City funds used to demolish the property? Chair Sarnoff Which property are you speaking of? Mr. Hagen: Well, the one that we can only talk about. Chair Sarnoff Okay. Were there any -- was there something destroyed in that little green square there? Mr. Mensah: Not to my knowledge. Chair Sarnoff I didn't think there was either. I'm not aware of anything being destroyed on that square right there. Mr. Hagen: Just to clear it up for the record. Chair Sarnoff Okay, okay. City of Miami Page 79 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Hagen: Were there any liens on the property? Mr. Mensah: Not to my knowledge. Mr. Hagen: Again, are there any -- were there any liens on the other property when the City acquired it and how are those liens being treated? We understand that this land had affordable housing on it -- well, not this particular parcel. Ms. Thompson: Excuse me, Chair. Your two minutes. Chair Sarnoff Time. Can you conclude or is -- Mr. Hagen: Well -- Chair Sarnoff -- somebody willing to give him his time or in conclusion? Mr. Hagen: There's a lot of questions here as to whether the project is tied to this property, and there's a lot of unanswered questions about how our affordable housing dollars are being used in this city. Chair Sarnoff In general. Mr. Hagen: Now, the Mayor said in his State of the City address that since January, 100 people have taken advantage of funds to improve existing housing. This is what needs to be done. This is good. But what I'm trying to get at here is we have people that have been displaced. We know that. Chair Sarnoff Okay. You got to conclude. Mr. Hagen: Well, is everything kosher about what's being done with these funds? Chair Sarnoff Okay. Mr. Hagen: And there's a lot of questions here that I'm going to submit to the record. Chair Sarnoff Okay. Mr. Hagen: Because if we appeal this and you just handle it without, you know -- then that's a problem. Chair Sarnoff All right. Thank you. Mr. Hagen: Well -- Chair Sarnoff Thank you. Mr. Hagen: We have asked, you know, a number of times during the last Commission, and at this Commission to have all these hearings held at 5 o'clock, and to give people adequate time to present their case. Chair Sarnoff And that -- and I'm doing my best to keep them -- Mr. Hagen: Well -- Chair Sarnoff Thank you. City of Miami Page 80 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Hagen: These are the available spots that are available within one block of this property, R-3 property, larger than the existing sites. Chair Sarnoff Thank you. Mr. Hagen: Has the developers talked to any of the owners of this property? Have they looked at any of the other parcels that are available in the City ofMiami? Chair Sarnoff Thank you. Mr. Hagen: The answer is no. Chair Sarnoff Thank you, Mr. Hagen. Next. Carol Gardner: Good evening. My name is Carol Gardner. I'm the president of Tacolcy Economic Development Corporation. My address is 675 Northwest 56th Street, Building C. I'm also a partner with Carrfour on this particular deal. We were with this deal from the beginning when it was with Carrfour -- I mean, with Carlisle Group, so we know the project the intimately. Just to set the record straight, I know several comments were made about moving this particular project to another area, but when you apply for low-income housing tax credits or any kind of bond, you have to stick to the parcel in which you applied for. And so to think -- I know several individuals brought up the question about moving to a different area, and unfortunately, that's not a choice. You have to develop in the one that you presented to. We just want to state that for the record so that everyone knows. We build several units of affordable housing, and we are one of the largest developers in the Liberty City area. We have about 320 units of housing in that particular area, a couple of blocks up from this particular project. Tenants are always walking in looking for affordable housing. I drove around this area yesterday with one of our partners, and one of the things that we noticed in the area is yes, there are a lot of vacant parcels, but a lot of those parcels are not big enough to build multifamily apartment units. We also spoke with Ms. Sands yesterday, and one of the items that we brought up was the fact that there's a lot of crime in the area and that a lot of crime is taking place from a lot of the developments -- Chair Sarnoff Ms. Gardner, you got to conclude. Ms. Gardner: My time is up? Chair Sarnoff Yes. Ms. Gardner: Okay. So I'll just conclude with I believe that decent affordable housing, like Carrfour offers and like Tacolcy offers, will be a better fit for the area and also cut down on the amount of crime. Thank you. Chair Sarnoff Thank you. Next. If you're not standing there, I'm going to close the public hearing. Public hearing is now -- come on, folks. Come up. Mr. Hagen: These people were not here when you made the announcement. In fact, they haven't been sworn in. Ms. Thompson: Yes, they have. They have. Mr. Hagen: Oh, have they? I'm sorry. Chair Sarnoff Come on. City ofMiami Page 81 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Grace Solares: Can I? Chair Sarnoff Grace Solares, you're recognized for the record. Ms. Solares: Thank you so much. On behalf -- Grace Solares, on behalf of Miami Neighborhoods United. I wrote a letter awhile ago objecting to this issue with respect to the illegality that was utilized when purchasing the land with bond money. Madam City Attorney forwarded to me about a week ago, 10 days ago, I don't know, an agreement by Carrfour and the people that are purchasing the land giving back to the City $302, 000 so that those $302, 000 be actually placed back into the bond funds. I asked Ms. -- Madam City Attorney when those monies were going to be returned to the bond accounts, and she said they will be -- that will be done at closing time. I don't know where [sic] closing time is. I would like to find out today when it is. Andl would like to find out also when the money is actually paid into the City so that I can, in turn, contact the Bond Oversight Board so that they can make very certain that that money goes back into the fund. So, Mr. Chair, please, I ask that you instruct the City Attorney to let us know when the actual money is actually given back to the City so that we can actually track that money into the bond. Chair Sarnoff Madam City Attorney, you'll track this and you'll make sure that we all get notifications as Commissioners, as well as MNU for the replacement of what I understand to be $302,000? Ms. Bru: We will. ChairSarnoff Okay. Thank you. Ms. Solares: Thanks a lot. Chair Sarnoff Yes, ma'am. Ms. Solares: Oh, and by the way -- excuse me. Chair Sarnoff Sorry. Ms. Solares: Miami Neighborhoods United took a vote when some of the residents of the area came to us and presented this issue that they were opposing it, and from the Upper Eastside down to Coral Gate, all those neighborhoods association, voted to support the oppositions of the neighbors to this project. Thank you so much. Chair Sarnoff Thank you. Yes, ma'am. You're recognized for the record. Jeannette Baptiste: Yes. My name is Jeannette Baptiste. My address is 1468 Northwest 64th Street, andl come to talk to you about that situation building that -- those low-income house. Andl come to let you know I'm against it. It's a park in front -- across the street. It's a park there for the kids to play. We want this place to stay as a park. We do not want -- as a taxpay [sic], I do not want public housing built over there, please. If you decide to -- not to go with me on this, please buy me out. Buy my house out. I just bought my house and I'm trying my best to keep up. Yes, there's a lot of crime, but I'm already there. I'm trying to make best of andl beg you to -- all of you because you don't know how it is. You don't pass by there, you don't live there. But I'm asking you to vote no, not to build house there. My English is not too much, but I'm pretty sure you understand what I say. Thank you very much. Chair Sarnoff Thanks, Ms. Baptiste. Next. If you're going to be testing next, please step over there. Not you. You stay there. City of Miami Page 82 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Tangelia Sands: Okay. Chair Sarnoff Okay. Go ahead, ma'am. Ms. Sands: Good evening. My name is Tangelia Sands. I reside at 1466 Northwest 61 st Street, andl am here because I am against them putting affordable housing on that land. I would like to see them to put parks there. We have, as I stated before, a great number of high-energy kids in our neighborhood. We need this park there. That is the only park that we have from 54th Street to 62nd Street from Northwest 12th Avenue to Northwest 17th Avenue. The land is already there, the park is there, andl see no reason not to attach the -- you know, expand the park to that area. I did a petition in the neighborhood, andl would like to submit it for the records [sic] for the people that are against them putting the park -- I'm sorry, they are against them putting apartments there. They would love to see the park expanded. And also, I feel that as a taxpayer, as a homeowner, that we were shut out of the loop as far as making any decisions. I spoke with Ms. Elaine Black. I would like to submit this e-mail that she sent me to the records [sic] also with the City Clerk, and she never came through on the e-mails. We didn't have any say-so, any input, or anything. And, you know, the crime is up in the neighborhood. And the police officers is like a -- not -- maybe like a shortage. You know, my house was broken into. It was trashed. I know everybody saw it on the news andl think that it was ridiculous. Chair Sarnoff All right. Ms. Sands, you need to conclude. You done? Ms. Sands: Andl would love to see the park to be expanded. Chair Sarnoff Thank you, Ms. Sands. Ms. Sands: Thank you. Chair Sarnoff You're recognized for the record. Grenee Griffin: Yes. My name is Grenee Griffin. I live at 1671 Northwest 155th Street, in Opa Locka. I'm here to state that I have grandkids that go to that park that lives directly across the street from that park and it should be expanded open because, as far as the apartment building goes over there, that'll be a -- to me it would be a total waste because the park need to be expanded. You have kids that's running around, that's playing, and the kids that go to that park now have to go in -- the entrance of the park is on 62nd Street and they need to expand it where they can have an opening on 61st Street to make it wider. Chair Sarnoff Thank you. Ms. Griffin: Thank you. Chair Sarnoff Yes, ma'am. Katanya Mincy: Hello. My name is Katanya Mincy. I reside at 1446 Northwest 61 st Street, and I'm a homeowner. Andl am in favor of expanding the park. I believe our children are our future, and if we provide them with more, they will become better citizens of our community. If we don't provide them with anything, we're going to have more crime. And that's not what we need. Our children need it. Thank you. Chair Sarnoff Thank you. Yes, ma'am. Carrie Cleland: My name is Carrie Cleland. I live at 1776 Southwest 16th Terrace, in Miami, and I'm here as a representative of the Shenandoah Neighborhood Association to let you know that we are backing up our neighbors. I'm a grandmother, andl know what a park -- just the City of Miami Page 83 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 word 'park" means to my granddaughter. She loves it when I take her to the Shenandoah Park. It makes her day. Andl would like to see that same wonderful experience for my neighbors to the north, for their grandchildren and their children. And what could make a neighborhood better than a park? An expansion of a small park. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on PZ.4 or PZ.5, please step up to the mike. Hearing none, seeing none, it comes back to the Commission. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. As we can see, this is a very controversial issue. There were several statements that would like to address. I believe early on -- and it is correct statement -- during the campaign, the question was raised who would support the expansion of the African Square Park? Andl was one of the individuals that saidl would. However, I have been better informed about the entire process as it relates to this park space. As it was stated earlier, there will be a swap of land that will expand or increase the park. That is being done by the City with the CDBG funds. Let me also say for the record that as far as the African Square Park, it is a very, very small park. Andl heard that some of the residents said that their children or children would not have a place to play. We have Hadley Park that is not too far from that area, which is a major park. As a matter offact, there are major renovations that are taking place or improvements to that park as we speak. Andl know that that, to me -- and I'll put my personal opinion in it. I would rather go to that park at Hadley Park in terms of safety, if you talk about children. And we -- I know the area. I live close to the area. It has already been stated for the record that it is a lot of crime. I believe many of the neighbors have already been burglarized on several occasions. Based on the individuals that are involved, that are -- will be involved in this possible apartments, you have Carrfour and Tacolcy, as I stated in some of the discussions, they have a stellar record when it comes down to fighting crime. They are -- they do not tolerate crime and people who live in their facilities, there is a zero tolerance for that. Andl would even go so far as to say that perhaps maybe -- I can't say I can say this for sure, that some of the crimes that took place in the one as recent as a few weeks ago, it is a matter of public record, Ms. Sands knows, they came from across the street north of -- in the Liberty Square housing project. I hate to say it, but it's the truth. I believe that might've been thwarted or might've been prevented, might have been, I can't say for sure, if they knew other residents were in the area. Most of the residents who are a part of these facilities are vigilantes, if you will, within themselves. Andl know that because I've gone to certain meetings as it relates to some of the teen clubs that are being opened in the area. They are on me constantly, andl want to report that there is a possibility that one of those teen clubs will be closing soon because of your fight, because of your position. And I believe that housing, as I stated from day one, it is a very important part of what I believe. I do agree with you, Mr. Chairman, that there needs to be an economic engine to drive that, I understand, but it's -- you know, we're faced with a -- I don't know. Do I know that the approach is right 100 percent? I will confess, I don't know. But I will say this, that there is a need, and you heard the amount of the cost for rentals will vary from somewhere in the neighborhood of a little bit more than $300 to probably less than $900 a month. You can't find that anywhere. And I just -- and in respect to the individuals who live across the street, these will not be slum apartments. I just want to state that for the record. They will not be slum apartments. The reason the area is vacant, ifI may state andl could be off because it was slum apartments there previously and they were knocked down. Andl think remember the gentleman who was the slumlord who had a lot of apartments back -- that area, just for the record, I'm -- thank God I'm not new to the area. That area and some of the others, we changed the name to Orange Heights, but that area used to be called Germ City, some of that area, and it is everything but Germ City. There's a new vision. There's a new concept. I know many people -- and respect the position of the MNU. I think you do a fabulous job. But quite frankly, many people who were -- andl understand you're supporting those individuals who requested your support, but many of you don't know the history of that area. I know the history. I've lived there. I've walked there. I've caught the bus there. As a matter offact, we have a home that one of the community development corporations that I used to operate built two or City of Miami Page 84 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 three houses from your home, Ms. Sands. So I understand the area. I'm fully aware of the area. And when I see people like Elaine Black in the Liberty City Trust, you know, saying that they're supporting it and that -- it's pretty compelling since it's really coming from the community. Secondly, this project has tax credit financing. And as you heard Carol say, it's not easy to come by. That will only help those of you who currently have homes in that area. That builds up your tax -- that builds up your -- the assessment of your -- value of your property. That's what you want. And then thirdly, multifamily affordable housing in District 5 is critical to creating good neighborhoods. Again, Tacolcy and Carrfour have stellar reputations, andl understand your fear, but the area is already a tough area. I believe this can begin to change the texture and the composition of what the area looks like and what many of you have done, especially Ms. Sands, in your green home. Andl understand. Andl will fight with you in every step of the way to make sure that this community gets what it deserves as I serve on this Commission. So with that being said, I would like to move this matter to a vote, Mr. Chair. Chair Sarnoff All right. We have a motion by Commissioner Dunn. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Discussion, gentlemen? Commissioner Gort, you're recognized. Commissioner Gort: Let me ask you a question. I think it's important, some of the people that are against the project that were here that thought that the park was being taken away that that land can be used for park. I don't think at this time the City ofMiami can afford to establish another park and provide the services necessary for it. Now, I can see some of the worries that the people that live right across the street, so my question is, what they're saying is, the kids will have to go all around in order to go to the park. Couple of suggestions. If you could provide some kind of entrance and exit entrance so the people can go into the park without going into the streets without ruining your architecture? And at the same time, I don't know if that alley is being used and maybe that's something the neighbors should look into, maybe closing that alley because we have noticed a lot of the crime takes place by utilizing the alleys so that'll keep it even safer for the kids if we could do that. Thank you. Chair Sarnoff All right. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Chairman. You know, I think what happens sometimes in the very brief time that I've been here is that an item comes up to the Commission and it gets confused a little bit as to what we're exactly talking about. The policy decision -- and by the way, and I've said this in the first reading, I'm a very big advocate of affordable housing. The policy decision on whether that parcel should be used for affordable housing, and correct me if I'm wrong, or a park, was made five years ago -- four years ago in 2005. So I'm very sympathetic to Mr. Hagen's request andMiami Neighborhoods United's request, and the Planning Advisory Board's request to make it into a parkland, but that decision was made a long time ago. And in reliance on that decision, this company went out and obtained financing at a cost to them. It's very, very difficult to do. And so we're here dealing with one small aspect of this project, which, in effect, will assure that there is no net loss of park space if this land zoning change is accepted. The other thingl wanted to mention is that in the time that I've been here, I think this Commission has taken very, very seriously and has heard the message loud and clear that parkland and parks is a priority and should be a priority in our future policy decisions in the City ofMiami. Just since I've been here, we've approved $10 million for more parks through the CRA (Community Redevelopment Agency), $2 million for a parkland in Brickell, andl don't think we've dedicated anywhere near that kind of money to affordable housing. So I think we have by our actions demonstrated that we are great proponents of acquiring and expanding parks in the City ofMiami. You know, I think what happens sometimes is these entities like the Planning Advisory Board andMiami Neighborhoods United -- and this kind of goes to what City ofMiami Page 85 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Gort had said -- they don't have the benefit of briefing with the Manager and staff regarding our financial situation and how we can or cannot acquire these parcels. And we do have that privilege. So I just wanted to put those things on the record because I did vote in favor of it, andl'm inclined to vote in favor of it again. Mr. Hagen: (Comments made off the record.) Chair Sarnoff No, no, no, no, no. Do not -- no, no, no, no. I'll have you taken out. Do not shout. All right, remove him. Mr. Hagen: I'm going to leave, but before I do (INAUDIBLE). Chair Sarnoff Remove him. Mr. Hagen: This is the truth. Chair Sarnoff Remove him. Mr. Hagen: This is the truth. One more, two more. Chair Sarnoff Look, folks. This is not an easy job. All we ask is that you address us at the podium. Do not shout at us. Do not throw things at us. It's not appropriate. Have some decorum and you get decorum back. That's all ask. Every Commissioner here struggles. The reason this is being heard at 5 o'clock is simply 'cause I wanted to give everybody the opportunity to be heard. But being heard does not include shouting and it doesn't include throwing things at us, and if that's your intention, simply don't come. 'Cause one day somebody's going to be removed and they're going to be arrested, and then they're going to incur an attorney and it's going to get expensive for them and there's no reason for that. All right. With that said, Commissioners -- Commissioner Suarez: Mr. Chairman, ifI just -- one more thing based on what you said. I think you're absolutely right. We struggle with these decisions tremendously sometimes and, you know, I think sometimes we have to get away from the single issue mentality where, you know, we're driven to a certain issue and are blinded to any other potential outcome. Andl think for us, we have to take a holistic approach and sometimes -- many, many times we will be, as we have been in the last -- I think we've been resoundingly funding in favor of parks, and I think it's tragic to not really recognize that, the -- you know, what we have done, our track record in the very short time that we've been here to promote the purchasing and expansion of parkland in the City ofMiami. Chair Sarnoff All right, Commissioner Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. Everybody up here in the dais knows that I've advocated for parks and see all the smiles 'cause you all know that I've been up here advocating for parks. But at the same time, we have to be pragmatic about how we go about advocating for parks and so forth. And yes, and you're right, Commissioner Suarez, housing is a great need in our community also, so I'm inclined to vote yes, andl'm ready to vote. Chair Sarnoff All right. Let me just say this. I'm not usually inclined to go for affordable housing. And there are many, many reasons for it. However, I will tell you there's one exception, and that is Carrfour. If you've ever been to a Carrfour project, they are truly the exception. If you've been to the Royalton -- Applause. City ofMiami Page 86 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff I wish it was something) said. Carrfour is an unusual affording [sic] housing developer. I have the pleasure of having the Royalton in downtown. I don't know how they do it. I truly don't know how they do it because if you walk in there, it's like walking into a hotel. So from the affordable housing standpoint, it makes complete sense to have Carrfour do this. From the standpoint of crime, it makes absolute sense to have a well -healed community and putting eyes and ears right next to a park. That makes absolute sense. Now Commissioner Regalado used to laugh at me when I was on the dais. He always used to say, you don't know what's behind the scenes on all these issues that come before you, and he's right. I never do. All really know is what is presented to me in front 'cause, as he says, I'm not a good student of Miami history. And I'm not a good student. I really take things as they're presented to me. Is there some underlying deleterious motive here? You know, I don't think there is, and I've never heard of one until about two minutes ago, and you know, it's easy to cast aspersions. And let me just finalize one thought by saying this. I think we have a District 5 Commissioner that has a vision, andl'm going to support that vision because for the first time, I'm seeing somebody that has a plan andl'm going to be a part of that plan to the extent he'll allow me to be. So why don't we take a vote. Madam City Attorney, it is an ordinance. Ms. Bru: And you've closed the public hearing on this, right? Chair Sarnoff I'm sorry. Public hearing is now closed. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Before I make [sic] the roll call, Chair, I just want to make sure that you're voting on the ordinance as presented. There are no modifications or amendments, correct? Commissioner Gort: Correct. Commissioner Dunn: That's right. Ms. Thompson: Okay. Thank you. Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.5 08-00680zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 12, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO SD-1.1 KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 87 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 08-00680zc Analyisis.pdf 08-00680zc Zoning Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-00680zc PAB Resos.pdf 08-00680zc CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-00680zc CC SR 04-08-10 Fact Sheet.pdf 08-00680zc-Submittal-Tangela Smith.pdf 08-006801zc-Submittal-Steve Hagen.pdf LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD (PAB): Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. Also on September 16, 2009, the PAB recommended to the City Commission to consider increasing the size of the existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine the existing "R-3" zoning on this block and surrounding blocks, by a vote of 7-0. See companion File ID 08-006801u. PURPOSE: This will change the above property to SD-1.1 King Heights Orchard Villa Special District. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13153 Chair Sarnoff All right, PZ.5, Madam Chair [sic]. It is an ordinance. Applause. Chair Sarnoff Mr. Mayor, one last one. We just have PZ.5. The Ordinance was read by title into the public record by the City Attorney. Chair Sarnoff All right. We need a motion, Commissioner Dunn. Commissioner Dunn: So moved. Chair Sarnoff We have a -- Commissioner Suarez: Second. Chair Sarnoff -- motion by Commissioner Dunn, second by Commissioner Suarez. Public hearing will be incorporated into this record as well. Public hearing was opened and it is now closed; coming back to the Commission. Roll call. Priscilla A. Thompson (City Clerk): Roll call. City of Miami Page 88 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.6 09-00616za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING THE ACTIONS OF THE ZONING ADMINISTRATOR, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN AT A SITE LOCATED AT 404 NORTHWEST 3RD STREET, MIAMI, FLORIDA, ALSO KNOWN AS LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-00616za ZB Reso.pdf 09-00616za ZB 09-14-09 Backup Documentation. pdf 09-00616za ZB Appeal Letter & Supporting Documents.pdf 09-00616za CC Legislation (Version 3).pdf 09-00616za CC Legislation (Version 4).pdf 09-00616za CC 04-08-10 Fact Sheet.pdf 09-00616za-Submittal-Outlook Media of South Florida, LLC Presentation. pdf 09-00616za-Submittal-Documents Related to Questions for Zoning Administrator. pdf 09-00616za-Submittal-Bob De La Fuente's Presentation. pdf 09-00616za-Submittal-Outlook Media Lourdes Slazyk Cross -Examinations Questions. pdf 09-00616za-Submittal-Outlook Media Pieter Bockweg Cross -Examination Questions. pdf 09-00616za-Submittal-Appeals by Outlook Media. pdf LOCATION: Approximately 350 NW 2nd Street [Commissioner Richard P. Dunn II - District 5] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0165 City of Miami Page 89 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff Madam City Attorney, this is an appeal, so you want to give us some direction on this? Maria J. Chiaro (Deputy City Attorney): PZ (Planning & Zoning) items shall proceed as follows: Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. The appellant or petitioner will be permitted to make final comments. So it is appropriate on PZ.6 for staff to make a presentation as to the statement of what the item is before the appellant proceeds in presenting its case. [Later..] Chair Sarnoff PZ. 6. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Can we take a recess so I can read this real quick before we begin andl vote? Chair Sarnoff No. 'Cause I suspect if you were to read everything here, we'd be in recess for a while. So we'll of course act judiciously, expeditiously, and if we need to take this under advisement, we will do so. All right. Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): Good afternoon. Chair Sarnoff Mr. Bockweg, you're recognized for the record. Mr. Bockweg: Pieter Bockweg, project manager, City ofMiami. Before you is an appeal of the Zoning Board's administration not to sign off on a FDOT (Florida Department of Transportation) billboard permit. It was before the Zoning Board and they're appealing also the Zoning Board's decision. Commissioner Gort: Thank you. Robert De La Fuente: Good afternoon, Mr. Chair, members of the Commission. My name is Bob De La Fuente, with law offices at 1441 Brickell Avenue. I'm here on behalf of Outlook Media of South Florida. I've handed out a packet for your reference. After I do my presentation and after the City does theirs, I would like the opportunity to ask some questions of the Zoning administrator and of the project manager once they're done with their presentation. As he City ofMiami Page 90 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 stated, we are here on an appeal of the -- of May 20, 2009 Zoning administrator decision granting local government permission for outdoor advertising, location known as Lummus. Tab A of your packet is a summary of our appeal. Included in that summary is a aerial view that I have a blowup of that I'm going to lean up over here, but you also have that in your packet. The subject approval we are challenging is that -- what's label the Lummus site. Outlook filed an appeal of a denial on what's known as the CanPartners site on 2/24/09. That was prior to the approval of the Lummus site. It is well within 1,500 feet from the Lummus site. This exhibit illustrates why the Zoning administrator's decision was wrong. In a nutshell, it was improper to approve an application at the Lummus site while the CanPartners appeal was pending. Indeed, during the pendency of the appeal, it was improper to approve any signs within the red zone as shown on the exhibit. Any approval, especially in this case, would result in a miscarriage of justice to Outlook. IfI could ask you to turn to Tab A of the exhibit, that'll walk you through what our presentation is. Essentially, the first page will tell you, again, that this is an appeal of that May 20, 2009 Zoning administrator decision. The next page is a printout of the aerial that's on the board in front of you showing you. The red zone is what was prohibited, pending the CanPartners appeal. The Lummus site, you'll see, is within that red zone. Section 1803 of the Zoning Code provides that an appeal stays all proceedings in furtherance of the action appealed from. On May 20, 2009, Outlook had a pending appeal of the denial of an outdoor advertising sign on the CanPartners site. If you look at Tab L of the packet that we handed out, that is the February 24, 2009 appeal that CanPartners -- that Outlook had filed for CanPartners. Therefore, that CanPartners appeal stays all proceedings in furtherance of the denial of the CanPartners application in accordance with Section 1803. There are certain spacing requirements that are applicable to signage. Signs must be spaced at least 1,500 feet apart on the same side of the highway. At the time -- this was Florida Statute, Section 479.07(9) (A). Therefore, outlook advertising applications are processed first -in, first -out, such that no other FDOT forms may be signed or authorized for a subsequent application, which would interfere with the location secured by a previously approved FDOT Form 57507004. That's also a provision in the CBS settlement agreement, which is part of the materials that were prepared for you by the Clerk's Office. This is also a provision in the Florida Administrative Code, Section 14-10.004(1) (C). There is a stay on the property pending the CanPartners appeal. Therefore, the CanPartners appeal should have stayed all proceedings in furtherance of the action appealed from, including the approval of the Lummus sign and any other sign within the 1500 feet of the CanPartners sign. That's pursuant to the Zoning Code section 1803. A stay is invoked in accordance with Section 1803 because if the Zoning administrator approved an application within the red area, the Zoning Board would not have the power to grant the appeal and approve the application because state law would have prohibited the approval of any outdoor advertising application within 1, 500 feet. Section 1803 prohibited the approval of the application for the Lummus sign on May 20, 2009 because the appeal of the denial of the CanPartners sign remained pending on that date. Both the City and CBS knew and acknowledged that the stay invoked by the pending approval of CanPartners prevented the approval of Lummus. Indeed, if you look at Tab B, CBS had proffered an indemnification to the City on May 18, 2009, two days before the Zoning administrator approved the Lummus application. Chair Sarnoff I'm sorry. Did you say look at Tab E? Mr. De La Fuente: Tab B, as in boy -- Chair Sarnoff B. Mr. De La Fuente: -- of the thicker packet. The indemnification agreement proposed in part, whereas Outlook Media of South Florida, LLC (Limited Liability Company) may object to the approval by the City of CBS's FDOT application for the Lummus site, specifically acknowledging that there was an issue with this because it fell within the red zone, or prohibited distance. It further proposed that CBS shall indemn the City against all claims by Outlook or City of Miami Page 91 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 any person or entity claiming to own or control the location that has priority of spacing over the Lummus site, provided that any such claim or cause of action is based upon the City's approval an execution of a FDOT application for the Lummus site. So that is the summary of our PowerPoint presentation. We do have a few more comments to make regarding this issue. Again, in general, the area that is the problem is anything within the red zone. Anything there would have been stayed, pending the resolution of the appeal of the CanPartners appeal. In general, what we have here from my client's perspective is an issue of fair play and certainty to the process involved with this permitting process. The problem that we've seen is with undefined and shifting City procedures and the criteria for evaluation and approval of these kinds of applications. In fact, just March 22, before the Zoning Board, we were there be -- on another matter where the City had denied Outlook an application for certain sites that we refer to as the Carter sites. These included denials of what are known as a Contemporary Contractor site and the Tanaka site. At that hearing the project manager, Mr. Bockweg, he was there testifying on behalf of the City. And interestingly, on several of those sites, he said that the reason why they were denied was because there were appeals pending at the Department of Administrative Hearings, and that's the same situation that we have here. There is a pending CanPartners' appeal at the Department of Administrative Hearings, and that is at Tab L of your packet. Indeed, he even said, in general, the concept seemed to be that he didn't want to approve something that could cause a conflict if appeals were resolved in the favor of an appellant later. Tab Q has the Zoning Board transcript. Generally -- Chair Sarnoff Stop. Wait, wait, wait. Slow down for a second. 'Cause ifI went to Tab L, which I did, I see a letter from Tew Cardenas, and I'm not seeing where you're reading from. Mr. De La Fuente: Yes. That is the appeal of the CanPartners site. Chair Sarnoff I know. But then you went on to say "if you read" and I'm not seeing where you're reading from. Mr. De La Fuente: I'm sorry. Let me backtrack a little bit then. Chair Sarnoff Please, 'cause I'm not following you. Mr. De La Fuente: Okay. The CanPartners appeal that I'm referring to -- Chair Sarnoff Right. Mr. De La Fuente: -- which was pending at the time -- Chair Sarnoff You went on to say -- Mr. De La Fuente: Yes. Chair Sarnoff -- that Carter that -- this is what I'm understanding you to say. That Mr. Bockweg made a statement in a totally separate matter that the reason he wasn't moving forward with something was because there was an appeal and that appeal stayed everything. Mr. De La Fuente: That's correct. Chair Sarnoff Then you said to go look at Tab L. Mr. De La Fuente: That's Tab Q, which is the Zoning Board transcript from March 22. Chair Sarnoff Fair enough. Now I understand where you're going. City of Miami Page 92 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. De La Fuente: Okay. Chair Sarnoff So I should be looking at Tab Q. What page? Mr. De La Fuente: Please do. Pages 53, 54, 56, and 75. Chair Sarnoff Tab Q. Commissioner Gort: Oh, Q. Chair Sarnoff "Q " as in quotient, right? Mr. De La Fuente: Yes. Commissioner Gort: "Question." Chair Sarnoff "Question, " all right. Good enough. So 53 and what else? Mr. De La Fuente: Page 53 -- Chair Sarnoff Right. Mr. De La Fuente: -- 54, 56, and 75. Chair Sarnoff And substantively, what should I be looking for? Mr. De La Fuente: Substantively, there on page 54 -- Chair Sarnoff Okay. Mr. De La Fuente: -- on the first full paragraph, Mr. Bockweg stated, "They subsequently submitted the old expired FDOT forms to FDOT, which is now under appeal with FDOT, which is my understanding." He made this comment in the context of a -- the basis for his denial of one of the sites that was being reviewed by the Zoning Board on March 22. Chair Sarnoff Wouldn't I have to read that in context to understand what he's saying about pages 50 -- I'd have to go all the way back to page 51, am I wrong -- Mr. De La Fuente: You can -- yes. Chair Sarnoff -- to get the context of that? Mr. De La Fuente: Yes. If you want read it -- his entire testimony -- Chair Sarnoff So in -- Mr. De La Fuente: -- it did begin earlier, approximately on page 50 -- starting on page 50. Chair Sarnoff Fifty, all right. So replace -- Mr. De La Fuente: But in an effort to summarize this for you and to be quick about this, I tried to point out the specific locations for these statements, which applied to a reason for not approving an application based on a pending appeal before the Division of Administrative Hearings. At the bottom of page 53 is where he specifically talks about Contemporary Contractors, and that's where it leads over onto page 54, which is a provision that you'd seen City of Miami Page 93 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 already. Chair Sarnoff Now, just substantively, you want me to read page 53, the bottom, and what do you want me to extract from that, or what do you believe it says? Mr. De La Fuente: It essentially says that the reason why the City denied the application for the Contemporary Contractor site was because there was an appeal pending with FDOT at the Division of Administrative Hearings, which is the same situation that we have today. Chair Sarnoff All right, one more time. One more time. Mr. De La Fuente: Yes. Chair Sarnoff I don't mean to -- but I want to understand what you're saying. Mr. De La Fuente: Absolutely. Chair Sarnoff First off -- I tell you what, give the Commissioners like a minute to read it. Mr. De La Fuente: Okay. Chair Sarnoff And substantively, what do you think it says? Mr. De La Fuente: Essentially, when Mr. Bockweg was explaining the reasons for the denial of these sites, that are known as the Carter sites, his basis for the denial was that there was a pending FDOT appeal at the Division of Administrative Hearings on the sites, and have -- depending on the outcome of the appeal, had he approved this site, it could have resulted in a conflict. Chair Sarnoff All right. So what I take away from that is it -- if -- when I sit down and read pages 51 through -- I'm going to go all the way to 56 -- Mr. De La Fuente: Yes. Chair Sarnoff -- that once an appeal is made, no other sites may be considered? Mr. De La Fuente: Exactly. Chair Sarnoff And then you want me to go to your red zone and say the same should hold true for us? Mr. De La Fuente: That's correct. Chair Sarnoff Okay. Mr. De La Fuente: And there's a further statement within the transcript on page 75, where he again revisits the same issue. Starting towards the bottom of page 75, there's a question by Mr. Echemendia, Contemporary Contractors. What was the basis? Is the issue their net reduction? And the answer was, "Well, as I mentioned, that location is currently under appeal at FDOT." And then on page 76, the answer continues, "From my understanding, Contemporary Contractors is currently under appeal with FDOT You guys had submitted the original application that we approved for CBS to FDOT." Chair Sarnoff Just so -- and just to clarify one thing. I think what you earlier said is the City doesn't have policy and procedures regarding this, so you're trying to use the Carter rationale as City of Miami Page 94 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 the City's de facto policy and procedures. Mr. De La Fuente: Yes and no. What we're saying is the City's policies and procedures regarding this seem to be just from the fact that we're here today, something that we're not really sure about because the issue -- the reasons that were given to us for -- we didn't understand why the Lummus permit was granted in the first place. And then when we happened to be before the Zoning Board on the Carter denials, the rationale given for the denials seemed to be the same kinds of arguments that we're making today, meaning that we're -- there is uncertainty as to whether or not a site can have a billboard that -- it seems that the City's position now is -- Chair Sarnoff Let me -- Mr. De La Fuente: Yes. Chair Sarnoff -- try it a little differently. If you were to go through all the City jurisprudence and all the City's codes and whatnot, you're telling me you could not find an exact procedure how to proceed forward? Is that a fair statement? Mr. De La Fuente: No. What -- the -- my point is that the City has changed the way that they've been interpreting their procedures to move forward and they've applied it -- Chair Sarnoff What procedure -- give me the section of the Code or whatever it is you're interpreting that you said the City should interpret this way, but it doesn't. Mr. De La Fuente: It's our position that the Zoning Code provides that there is a stay on a property pending the outcome of an appeal of the Zoning administrator's decision. Chair Sarnoff And that's in our -- Mr. De La Fuente: That is in the Code. It's Section 1800. Chair Sarnoff Eighteen zero nine? Is that the --? Mr. De La Fuente: No. It's -- Chair Sarnoff Eighteen hundred? Mr. De La Fuente: Yes. Chair Sarnoff All right. Mr. De La Fuente: Okay. Chair Sarnoff That there's a stay -- Mr. De La Fuente: Yes. Chair Sarnoff -- on what you would like to say is anything in that red area? Mr. De La Fuente: That's correct. Chair Sarnoff And you think that's completely stated clearly in this -- I was going to say statute -- in the ordinance? Mr. De La Fuente: We believe that that's how the ordinance should be interpreted, yes. City of Miami Page 95 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff All right. But -- and go on with your comment then. As a result of the Carter -- the means and manner in which Mr. Bockweg testified in Carter, what should I gain from that? Mr. De La Fuente: When we asked Mr. Bockweg about his reasons for denying the Carter applications, the specific reasons he gave -- the specific reason he gave was to avoid uncertainty and to avoid a potential conflict, meaning he did not want to sign off on an approval that could create a conflict if an appeal were successful -- a pending appeal ended up being successful, authorizing a site that would then be within the prohibited distance from one that he would have just approved. Chair Sarnoff So you would take that as support for what 1800 says? Mr. De La Fuente: Exactly, because that is what makes sense. While 1800 says stays all proceedings in furtherance of the matter appealed from, it could be read in a way that would apply only to that specific property. Chair Sarnoff So for anybody who is not going to read all these pages, what you're trying to say is 1800 says that Bockweg tested to it in Carter and you think that's the correct interpretation of what 1800 says? Mr. De La Fuente: Yes. It should have stayed. Yes. Chair Sarnoff Okay. Mr. De La Fuente: That's right. So to move forward in addition to these issues that we previously stated, we believe that there are procedural due process, Jennings and Sunshine Law issues that need to be addressed with the way that these proceedings are run. We understand that while it is standard practice, and standard City procedure for the Manager's office and the City Attorney's office and staff to brief the Commission on pending agenda items, we believe that this process should be modified or prohibited where there -- where the City's a party or where it's of such a nature that the party that the City's an adversary to the applicant. We do not allege any bad intent. This is just an issue that we believe needs to be looked at and that we do not believe is correct. It's fundamentally unfair to any applicant who's filed an appeal that the Commission is to consider. Chair Sarnoff All right, one more time. I tried listening to you. I thinkl understand where you're going. One more time. You mentioned Jennings, you mentioned due process, and you said the City doesn't do it right. Tell me how -- Mr. De La Fuente: Yes. Chair Sarnoff -- in layperson's terms. Mr. De La Fuente: In layperson's terms. We understand that it's standard City procedure for City staff and the City Attorney's Office to brief the Commission on all items that are coming before the Commission. Chair Sarnoff So I could take away from that anything they've told us you believe to be a violation ofJennings or a violation of due process 'cause you didn't get the equal time with us -- Mr. De La Fuente: In a -- Chair Sarnoff -- to brief you as well? City of Miami Page 96 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. De La Fuente: Yes. Chair Sarnoff 'Cause we're sitting in a quasi judicial manner? Mr. De La Fuente: That's correct. Chair Sarnoff Okay. Mr. De La Fuente: Okay. As a housekeeping matter, South Florida Equitable, which does have the same principals as Outlook, has a pending federal lawsuit against the City. Therefore, any constitutional arguments are reserved for presentation to federal court. Chair Sarnoff Wait, wait, wait. Don't go too fast. I'd like to know what a federal court's going to review us for? What are you saying? Mr. De La Fuente: I'm not the attorney -- Commissioner Gort: He's going to take us to federal court. Unidentified Speaker: He's going to appeal it. Chair Sarnoff No. I get he's going to appeal it, but I want to know -- I want to let a federal judge know that I may have made a decision. You said it very quickly. I didn't hear what you said -- Mr. De La Fuente: Okay. Chair Sarnoff -- andl think you intended to say it quickly, andl want to hear it. Mr. De La Fuente: Okay. South Florida Equitable, which is another company, but with the same principals as Outlook Media of South Florida -- Chair Sarnoff Okay. Mr. De La Fuente: -- has a pending federal lawsuit -- Chair Sarnoff Okay. Mr. De La Fuente: -- regarding certain constitutional issues. I'm not the attorney in that case. I didn't file the federal lawsuit. But it is something that I needed to mention to you and to state that any constitutional arguments are reserved for presentation in federal court. Chair Sarnoff Okay. I can't let you live with that, because now you've put this Commission on notice of an -- a lawsuit pending -- who's your judge in federal court? Mr. De La Fuente: I don't know. I didn't -- Chair Sarnoff Okay. Mr. De La Fuente: -- file this lawsuit. Chair Sarnoff You've let this Commission know there's a federal lawsuit being prosecuted for what grounds -- I'd bet constitutional ifI was going to federal court. Mr. De La Fuente: Correct. City of Miami Page 97 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff Okay. On constitutional grounds of the same entities as Outlook Media? Mr. De La Fuente: No. Same principals. Chair Sarnoff Well, principals. It's not the same entity -- Mr. De La Fuente: Correct. Chair Sarnoff -- but it's the same -- is Outlook Media an LLC? Mr. De La Fuente: Yes. Chair Sarnoff The same managing partners? Mr. De La Fuente: Correct. Chair Sarnoff All right. So you're telling me -- and I'm sorry. Did you say you reserve all your arguments? Mr. De La Fuente: Yes, for -- the constitutional arguments -- Chair Sarnoff Well, you're not going to reserve -- Mr. De La Fuente: -- to be litigated in -- Chair Sarnoff You're going to explain to us exactly what that lawsuit is saying so that -- I can't believe somebody can come in front of this Commission and say for constitutional reasons, essentially the same principals are alleging -- are you alleging that our -- I don't know -- something is unconstitutional? Mr. De La Fuente: Mr. Chair, as I said, I'm not the one who -- Chair Sarnoff I know. But you brought it up. Mr. De La Fuente: -- so -- Chair Sarnoff I didn't open the door -- Mr. De La Fuente: Right. Chair Sarnoff -- you did. Mr. De La Fuente: I understand. I understand. Chair Sarnoff If you want to withdraw, close the door -- I don't know how you can unring [sic] this bell. Now you've told me that essentially the same principals are suing in federal court the City ofMiami, alleging, I'm assuming that our either sign statute or our billboard statute -- or I should say ordinance, excuse me -- is unconstitutional, correct? Mr. De La Fuente: I don't know. Chair Sarnoff Then -- Mr. De La Fuente: That's -- but you're correct. City ofMiami Page 98 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff -- why bring it up? Mr. De La Fuente: I mean, I would assume the same thing, so -- Chair Sarnoff Then why would you bring it up? Mr. De La Fuente: I need to bring it up to preserve the record. Chair Sarnoff Well, how can you preserve in front of me when you come here, you're making an argument that -- Mr. De La Fuente: Mr. Chair, can I suggest this? Why don't I get some more information on this -- Chair Sarnoff Okay. Mr. De La Fuente: -- 'cause you're asking -- you're seeking more information; I'm happy to provide it. IfI can get it quickly, if we can table this for now, I'll try to get it. Chair Sarnoff No. You can continue making your presentation. Is there somebody with you here today? Mr. De La Fuente: No. Chair Sarnoff You're alone? Mr. De La Fuente: I'm alone. Chair Sarnoff They got to pay you more and get you an assistant. All right, continue. Mr. De La Fuente: Okay. Chair Sarnoff But I'm not done. I want to understand how you can be making an argument substantively on a process of our ordinances and then alleging that they're unconstitutional? Mr. De La Fuente: We are not making -- we are not alleging anything is unconstitutional before you today here. Chair Sarnoff The same principals are, though, in a federal court. Mr. De La Fuente: We aren't making the same arguments here. Chair Sarnoff Okay. Mr. De La Fuente: We're saying to the extent that they may be implicated here, we are reserving those for the federal court and not for this body. Chair Sarnoff Well, how -- see, it's that reservation that hurts me. It's that reservation. You're saying, "1 don't want to talk about it, Commissioner, but I'm reserving all rights, "you know. Or you're saying to me, "But Commissioner, make your decision, but it's without prejudice to me." That's a blanket statement that you're essentially saying, I'm wasting my time up here. Mr. De La Fuente: No, because we have narrowed the grounds for you to decide the basis of this particular appeal. City of Miami Page 99 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff With reserving all your rights -- Mr. De La Fuente: We haven't raised -- Chair Sarnoff -- for all constitutional arguments to be heard in a federal court. Mr. De La Fuente: That is correct. Chair Sarnoff Okay. I'm not going to argue with you, counsel. I merely want to be seized with as many facts as you're willing to present to me as to the basis of your federal lawsuit alleging one of our ordinance is unconstitutional, 'cause I think there's an inconsistency here. Mr. De La Fuente: Okay. Chair Sarnoff You may not think so, but I think there is. And that's all want to -- but continue. Mr. De La Fuente: Okay. Well, with that, I will have questions for the Zoning administrator and for Mr. Bockweg, and then would reserve time for rebuttal. But at this point, we're going to rest, and I'll just get backup here once they're done. Chair Sarnoff Thank you. Mr. De La Fuente: Thank you. Lourdes Slazyk (Zoning Administrator): Good afternoon. For the record, Lourdes Slazyk, Zoning administrator. We handed out a book to you on the appeals -- appeal by Outlook Media. When the appeal before you today was first filed, it was filed in conjunction with another appeal for some time extensions that they had wanted on some FDOT applications. If you look in your books under Tab 3 -- Chair Sarnoff Little books, right? Ms. Slazyk: The little books, yeah. Chair Sarnoff Okay. Ms. Slazyk: Tabs 2 and 3 pretty much outline the City's -- what our Zoning ordinance authorizes me, as the Zoning administrator to do. I can only sign off on permits that are consistent with the Zoning Code. I can't approve something that doesn't meet our Zoning Code. Chair Sarnoff All right. I'm in Tab 3. What am I looking at? Ms. Slazyk: All right. Let's go. Tab 3 is a portion of Article X, which is the City's sign code. In 2002 the City adopted a new sign code that basically prohibited outdoor advertising signs or billboards within the City ofMiami. What that code did, though, we actually put -- we amended it, subsequent to that, to allow only billboards for sign companies that had settlement agreements with the City ofMiami as approved by this body, the City Commission. To date, there are only three companies that have such settlement agreements, Carter, CBS, and Clear Channel. So those are the only three companies that we can approve new billboards for in the City ofMiami. If you go now to Tab 4, you will see the actual settlement agreement with CBS. That is one of the companies that we are authorized to issue billboard permits for. Each of these settlement agreements were crafted in a way that required an overall reduction of billboards in the City over a period of time. Tab 5, on May 2, 2008, CBS actually authorized Outlook Media to file for Outdoor Advertising permits with FDOT on their behalf. Outlook Media does not have their City ofMiami Page 100 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 own settlement agreement with the City, and we could not approve anything for Outlook Media because they are not authorized under our code. Those applications for the FDOT permits include a local government approval page. That's where we certify what the zoning is and that that actual billboard complies with all the City regulations. The spacing regulations are not in the City code. They're in the Florida Statutes. Now, if you go to Tab 6, you will see that -- okay. So on May 2, Tab 5, CBS authorized Outlook to file the FDOT applications on their behalf. Between the periods of May 12 andMay 22, 2008, the City signed off on those local zoning authorization forms that are required for those FDOT permits for CBS as filed by Outlook Media. These are -- in order to actually put a billboard up in the City ofMiami, you need an FDOT application approved and you need City permits to do so. This is only the FDOT portion. With an FDOT permit, you still can't put a billboard up in the City unless you get a City permit. The only thing CBS authorized Outlook Media to do was file the FDOT applications on their behalf. Chair Sarnoff And those applications get filed with the City? Ms. Slazyk. They get filed with the State, but the State application forms include an individual sheet, which you will see in your packet. We'll get to those. You'll see under Tab 8, you're going to see the -- they kind of look like -- there's a sheet that the local zoning has to sign. We affirm what the zoning is, whether you're C-1, C-2, industrial, and then there's a box at the bottom where we check off that it meets all of the local ordinances. Chair Sarnoff I thinkl see it. I think it's on Section 8. It is -- is this it right here? Okay. I see it. Ms. Slazyk. Okay. Chair Sarnoff For my fellow Commissioners, if you could just flip back -- it's Section 8, it's the February 13, Tew Cardenas letter. It has an attachment, an application for outdoor advertising. Ms. Slazyk. Yeah. And -- Chair Sarnoff Go to the second page, application for outdoor advertising sign permit. It says to be completed by the appropriate zoning official. Ms. Slazyk. Correct. And that -- so this is the page where I would fill in here what the zoning is, what that zoning district allows, and then we check at the bottom whether it complies with the local ordinances. So between, like I said, May 12 andMay 22, Outlook Media, based on this authorization from CBS, came in with a, you know, pile of applications. One of them was for a site called the -- that we'll refer to as the CamPartner [sic] site. That's one of the sites in that aerial. That was actually signed off on May 22, 2008. We signed the CamPartner [sic] site for CBS on be -- that Outlook was filing on their behalf. On August 26, 2008, which is your Tab 6, you will see that CBS withdrew their authorization for Outlook Media to file anything else on their behalf. So that was August 26, Tab 6. Now Tab 7 is very, very important tab 'cause that gets to why we're here today. Tab 7 is an October 24, 2008 letter to the City from CBS. This is where CBS notified the City that per their settlement agreement, they were mod4ing their site list, which includes a specific withdrawal of the CamPartner [sic] site. So Outlook doesn't have any rights to get anything signed for them. They don't have a settlement agreement with the City Commission. I can't sign anything for them. I can't approve anything for them. The holder, the true holder of the CamPartner [sic] site is CBS. In the exhibits to this October 24 letter, CBS withdrew the CamPartner [sic] site. So whatever may have been signed and sent up to FDOT was withdrawn. Chair Sarnoff Well, let me ask you a question 'cause ifI read this, you're not really -- you're not the permitting agency. City ofMiami Page 101 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Slazyk: No. FDOT is -- Chair Sarnoff Right. Ms. Slazyk: -- for the state -- Chair Sarnoff You're just -- Ms. Slazyk: -- application. Chair Sarnoff -- a needed signatory -- Ms. Slazyk: Correct. Chair Sarnoff -- as a municipality indicating something's been followed up on -- I don't know what it is. I guess that your municipality allows these type of signage or something. Ms. Slazyk: Correct. And now in the end when they actually come put up a new sign, they do need a permit from us, a building permit. Chair Sarnoff Okay. Ms. Slazyk: And the zoning approval of -- Chair Sarnoff Are they appealing a building permit or this -- Ms. Slazyk: No. They're -- Chair Sarnoff -- signature? Ms. Slazyk: -- approving [sic] the FDOT signature. Chair Sarnoff Well, they're -- Ms. Slazyk: They're approving the -- our approval -- they're approving [sic] my approval of the FDOT approval for the Lummus Park apartment site because it is -- All right. I'll let Maria -- Ms. Chiaro: They're appealing the decision of the Zoning administrator. Chair Sarnoff Administrator. So it's not a permit. Ms. Slazyk: That's -- right. Chair Sarnoff It's not a -- Ms. Slazyk: They're appealing -- Chair Sarnoff They're not appealing -- she doesn't issue a permit. Commissioner Gort: No. Ms. Slazyk: No. They're appealing my decision -- Ms. Chiaro: (UNINTELLIGIBLE) decision of the Zoning -- City of Miami Page 102 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff I got you. Ms. Chiaro: -- Administrator. Chair Sarnoff Okay. Ms. Slazyk: The decision I made was to sign the -- and let me clarify for the record. We've been calling this the Lummus site. It is not Lummus Park. There is no sign going in Lummus Park. Chair Sarnoff Okay. Ms. Slazyk: We refer to it as the Lummus site because it's the Lummus Park apartment site, which is -- Chair Sarnoff Let me ask the City Attorney. Ms. Slazyk: -- near Lummus but not -- Chair Sarnoff Does -- Ms. Slazyk: -- 350 Northwest 2ndAvenue. Chair Sarnoff --1800 still apply? Ms. Slazyk: I'm getting to that. Chair Sarnoff Oh, I'm sorry. I'll let you go. All right. Ms. Slazyk: Okay. Andl was getting to 1800. Okay, 1800 talks about a stay. When an action is appealed and goes through a process of being heard by the Zoning Board and the City Commission, there is a provision in Article -- in Section 1800 that says that an appeal stays all actions in furtherance of the item being appealed, you know, from. In this case, you know, for the most part, that's interpreted as once there's an appeal filed -- if you're a developer and you want to build a building and the neighbors come and appeal you, I can't give you, Mr. Developer, any permits in furtherance of your project until the appeal is heard. In this case, they're filing an appeal on a Lummus Park apartment site, which is -- and this -- the -- this is not in -- you know, the CamPartner [sic] site was not in furtherance of that one. As a matter of fact, the reason that I believe the stay doesn't apply is because the true holder of the approval rights for CamPartners [sic] is CBS and CBS withdrew it. Our approval of the Lummus Park apartment site was not done until May of '09, well after the October 24, 2008 withdrawal of their site from CBS. And any -- Chair Sarnoff One more time. Give me the dates again. The May 2009 is the date of -- Ms. Slazyk: May -- and I was getting to that. Chair Sarnoff -- the authorization. Ms. Slazyk: Yeah. I was going to go through the rest of the tabs, but -- Chair Sarnoff I'm sorry. Go ahead. Go ahead. I'm sorry. I'll just let -- Ms. Slazyk: I'm sorry. Okay. All right. So that was the -- October 24, they withdrew CamPartners [sic]. So whatever we may have signed for Cam Partners was withdrawn pursuant City of Miami Page 103 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 to the settlement agreement approved by this body, okay. So, in our opinion, there is no more CamPartner [sic] site out there because it was withdrawn, and their settlement agreement is what dictates what they can and can't do, okay. Tab 8 and 9 are the requests -- they submitted two requests to renew outdoor advertising signs for CamPartners [sic] as well as the other sites that -- remember, I told you back in May of '08, while they were traveling under the CBS settlement agreement, they submitted a series of FDOT applications to us to sign. Tabs 8 and 9 are OutlookMedia's request to renew the FDOT permits on behalf of CBS that they had signed in May of '08. Tab 10 is a letter from CBS, again, noting the City that Outlook Media is not authorized to seek any of these billboard renewals on their behalf. So they've told us twice now that they are not authorizing these. So based on that letter -- because they're the only authorized entity to do billboards -- I wrote a letter back to Outlook Media telling them -- not approving or denying their applications. I was just informing them that their applications are not authorized, and unless they came back to me with an authorization from CBS, I couldn't grant the renewal of the CamPartner [sic] site, especially because it was specifically withdrawn by a previous letter. Okay, that was -- okay. Now Tab 12 is the Outlook appeal of the -- that decision of the Zoning administrator. This went to the Zoning Board. They appealed both decisions. They appealed the decision to not renew their permits, which they weren't authorized to do, and they -- then appealed my decision to approve the Lummus Park apartment site, which was duly authorized by settlement agreement by this City Commission. IfI had denied the Lummus Park apartment site, we could have been in, you know -- out of compliance with our settlement agreement. They are the only authorized body that could have asked for this. That's why I believe the stay didn't apply because the only authorized body withdrew the site. That gets us to the Zoning Board hearing. They Zoning Board agreed. They denied both appeals on September 14, 2009. Then on May 20, 2009, that's when we signed the FDOT form for an application for CBS for the Lummus Park apartment site. That was well after their withdrawal of the CamPartners [sic] site. On May 22, 2009, Outlook Media then appeals the City's approval of the CBS application for the Lummus site claiming that it will block their CamPartner [sic] site per the FDOT spacing requirements. Again, that goes before the Zoning Board. It was denied and we're here before you today on this. I'm not sure -- hold on one second. All right. So I just wanted to reiterate. The stay provisions were not applied because the site was specifically drawn -- withdrawn by CBS and they were the only authorized party to act per Article 10 and the settlement agreement approved by the City Commission. Andl also wanted to throw in distance limitations do not apply in the City. The State is the one with the distance limitations. They're the ones with the jurisdiction to apply the distance limitations, and that's just one of the things mentioned in their appeal letter. They believe our Section 9-26 has distance limitations; it doesn't. It was repealed by Article 10. So really, it comes down to they weren't authorized to do it. Chair Sarnoff Actually, I got to tell you. I think this is nothing more than agency principal law. This comes down to nothing more than can an agent derive something more than its principal? And once the principal withdraws the agency, what is the agency left with? Maybe a good cause of action against its principal -- Commissioner Gort: Yeah. Chair Sarnoff -- but certainly nothing more and can glean nothing more than what the principal now has withdrawn. I mean, I don't know where you're going with this, Mr. De La Fuente. I mean, you may want to go to the underlying basis of how we do business with regard to settlement agreements or not. I don't see how you'd prevail far and beyond -- once CBS withdraws your authority, your only authority -- your only cloak of honor, if you will, is through CBS. Once CBS withdraws that authority to you, I mean, and -- you know, I don't know if Outlook is their lawyer or not. If it was, you'd have all sorts of bar implications, andl don't know if any of these people acted as their lawyers, but you know, once the principal says bye-bye, the agency has to leave. You can derive nothing more than what the principal has. Mr. De La Fuente: Mr. Chair, ifI may respond very briefly to this and to respond to Ms. City of Miami Page 104 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Slazyk's comments. I would first say that we're not here on the issue of whether or not the CanPartners appeal was valid. We're not -- we're here because the CanPartners appeal was pending at the time the Lummus approval was issued by the Zoning administrator. Ms. Slazyk went through all of the reasons why CanPartners should not have been approved and went through all the reasons and all the justifications basically saying that CBS had withdrawn its consent. But at this time -- at the time that the Lummus approval was entered into, there was a valid pending appeal that had not yet been resolved. And while that was out there, no decision should have been made on any site within the prohibited distance approving a site that would have put it in conflict with the subject of the appeal. So -- Chair Sarnoff But doesn't that presuppose that she's issuing a permit? I mean, all -- Mr. De La Fuente: Well -- but that's the other thingl wanted to get back to was that the Zoning Code isn't limited to issuance of a permit that we can appeal. We are able to appeal a Zoning administrator determination, and the FDOT form that she signs off on is a specific form that's required of the Zoning administrator to confirm that it meets zoning requirements. So when we disagree with her decision that the Lummus site meets zoning requirements, we are absolutely entitled to file an appeal on that decision, and that was what was pending when the Lummus -- when -- the CanPartners appeal was pending when she issued that decision. So we thought -- and we are correct in saying that she should not -- she was not able to issue that decision because it should have been stayed pending the resolution of the CanPartners appeal. Chair Sarnoff Let me see if I can get an agreement from the City Attorney on that. Eighteen hundred, would that act to put a stay in place on a Zoning administrator's signature on an FDOT application? Ms. Chiaro: That's a factual determination for this Commission of this appeal. I can read you the section, but that's -- Chair Sarnoff Would you? Ms. Chiaro: -- the crux of the determination you will make today. Chair Sarnoff Could you read that? Ms. Chiaro: Yes. Section 1803, stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Zoning Board -- and you have to extrapolate that it goes to the City Commission also -- after the officer has received the notice of appeal that by reasons of facts stated by such officer a stay would be -- in the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by restraining order issued by the Zoning Board or by a court on notice to the officer from whom the appeal is taking. In other words -- and now I'm interpreting for you -- we -- there is a stay unless the Zoning administrator determines that there should not be one. That's what this section says. And you need to determine whether this applies. Chair Sarnoff Go ahead. Continue. Mr. De La Fuente: So going back to what Ms. Slazyk was asserting. Essentially, everything she said was basically justfing the denial of the CanPartners site, but it doesn't go to the heart of the issue that's here today. The heart of the issue that's before you is there was a pending appeal on the CanPartners site. There was an application that was approved on the Lummus site, which is within the prohibited distance from the CanPartners site. It's our position that that decision was wrong, to approve the Lummus site while the CanPartners appeal was pending. Even today there's a pending appeal before the Division of Administrative Hearings in Tallahassee on the same issue. Regarding the assertions regarding CBS's withdrawal of consent and all those City of Miami Page 105 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 issues that she raised and supplied to you in your packet from the City, those issues are the subject of litigation between Outlook and CBS. Whether or not -- however -- whatever the outcome is of that litigation doesn't have anything to do with whether Lummus should have been approved. The outcome of that litigation is up in the air. Ms. Slazyk's arguments for why CanPartners was denied should have been brought before the Zoning Board and then before the City Commission to justify the denial of CanPartners, but that's not why -- Chair Sarnoff So -- Mr. De La Fuente: -- we're here. Chair Sarnoff Stay right there -- Mr. De La Fuente: Yes. Chair Sarnoff -- for a moment. Ms. Slazyk: Actually, I need to make a statement on that too. The CamPartners [sic] appeal did go to the Zoning Board and the appellant here today withdrew it before the City Commission acted. So the City Commission never heard the CamPartners [sic] appeal because it was withdrawn by the appellant before it even got here. It was withdrawn -- I believe the Office of Hearings Boards told me it was October 7, 2009 they withdrew the appeal. The decision I made was not to approve or deny CamPartners [sic]. It was an information -- I informed them that they were not authorized based on CBS's letters to the City and the withdrawal of the CamPartner [sic] site altogether, which was done in October, well before they filed their appeal in February. So -- you know, they are an arm of CBS. They're basically appealing themselves is really what -- you know, it was -- they weren't authorized. Chair Sarnoff And just so I understand, you've just told us that you're in litigation with CBS over whatever rights you think you may or may not have as a result of them -- representing them for two or three months? Mr. De La Fuente: That's correct. Chair Sarnoff How's that going? Santiago Echemendia: IfI may, Mr. Sarnoff -- or Mr. Chair. Santiago Echemendia, 1441 Brickell. I just wanted to confirm for the record -- just to clam the record that there was a pending appeal. I'm not quite sure when Lourdes says that the appeal on CanPartners was withdrawn. There was a subsequent request for a withdrawal by the Legal Department, which withdrawal was conditioned on CBS, and Bobby could put that -- I'm sorry. That withdrawal is Tab R. It is a letter dated October 7. And if you turn to page 2 of that letter, the fourth paragraph down tells you that the withdrawal of those appeals are conditional. That October letter is way after the appeal that we're referring to; that during the pendency of the appeal, the Lummus application was improperly signed off on. And that is the provision -- andl believe it's 1803 or 1800 that says -- I'm sorry. Do I need to be sworn in? Santiago Echemendia -- sorry. I apologize. Priscilla A. Thompson (City Clerk): Is it --? Okay. Chair Sarnoff Go ahead. Take -- go ahead. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. City of Miami Page 106 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Thompson: Thank you. Mr. Echemendia: There's -- there is -- again, it doesn't go to the issue that at the time that the City signed the Lummus application was it correct or was it a departure from the essential requirements of the Code to sign a competing application during the pendency of the appeal. That is the appeal that is before you. That is really the only substantive legal issue that is before you. The October 7 letter comes way after the Lummus letter was signed. That emanated and it was a conditional withdrawal that we would respectfully submit arguably has not been withdrawn because CBS didn't consent to the terms of the withdrawal on paragraph four of that letter, but that's just a little bit of a red herring. What's really before you, as the City Attorney correctly pointed out, is does 1803 or 1800, I apologize -- is it 1800? -- does it say that during the pendency of an appeal you cannot, in this case, approve a competing application, the result of which would basically undermine the ability for -- of that appeal to go forward? Chair Sarnoff Mr. Echemendia, do you agree with this -- Mr. Echemendia: Yes. Chair Sarnoff -- that your May -- that whatever rights you have on May 2, 2008 exist in Exhibit 5 of the City's submission? It's the May 2, 2008 letter of CBS signed by Joe Little. Those are the only rights that Outlook Media of South Florida, T,T C has. Mr. Echemendia: No, Commissioner. We -- Chair Sarnoff You have more rights than that? Mr. Echemendia: I'm sorry? Chair Sarnoff You have more rights than that, than what that letter conveys? Mr. Echemendia: IfI may explain myself, Commissioner. The -- CBS granted consent to our filing FDOT applications. We then went sideways because of a request, unfortunately, by the City that a site -- now the infamous Mary May site -- be thrown under the bus in return for Lummus. There's evidence of that in one of the tabs in your packet, which I'll refer to in a little bit. Because of that, the relationship between Outlook Media and CBS imploded. CBS withdrew its consent to those FDOT permit applications. The subject of the existing litigation is -- part of it is whether CBS even have the right to withdraw consent. And in fact, the position that we have taken in the litigation and with the City is that once the City signed off on those, CBS's withdrawal of consent notwithstanding, the City was estopped In effect, it signed the FDOT forms which said we will issue permits in the future. Now we acknowledge, of course, that we would have to be traveling under one of the settlement agreements. The FDOT form is not an application for a building permit and/or an initial or amended permit under the settlement agreements. It is just a local government approval. Chair Sarnoff And then would you agree with me that on August 26, 2008 CBS is at least putting this City on notice that it has withdrawn its consent to allow Outlook Media to do anything whatsoever on its behalf? That would be Tab 6. Mr. Echemendia: Yes and no. What -- and this is the official letter to Pieter Bockweg. There is other -- there is another e-mail that basically says well, we're not really withdrawing consent. We're just -- let's do this on a case -by -case basis. But I would submit, respectfully, Mr. Chair, that that is an issue that is in circuit court and being litigated. The issue before you is really whether the Code prohibits the City from having signed Lummus during the pendency of an appeal. And in fact, I think Bobby stated earlier -- andl apologize that missed the beginning of the hearing. We find it interesting that the City and CBS actually entered into an City of Miami Page 107 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 indemnification agreement on the eve of signing the Lummus permit which, to us, draws a reasonable inference that they said, well, it looks like CanPartner [sic] and Outlook could sue us if we sign this, agree to indemnify us, and they subsequently had a meeting in the Manager's office regarding the indemnification agreement. Now, if they thought everything was okay, why would they have them sign an indemnification agreement? Chair Sarnoff I don't know. IfI could get every citizen to sign one of those, I would. Mr. Echemendia: No. I understand. Chair Sarnoff But -- Ms. Slazyk: I want to just make one additional point for the record. The -- you know, I said, you know, I believe the stay didn't apply because there was no -- because the specific site had been withdrawn by the body who had the, you know, rights to that site. But also -- I already put this in the record, but want to, you know, reiterate that the City does not measure distance. Our signatures on those forms are for what is your local zoning and is this in compliance with our Code. Our Code doesn't measure distance. I could sign ten of them within five feet of each other. The State is the one that will determine whether the State will give its approval based on the State's distance requirements. Chair Sarnoff Well -- Ms. Slazyk. A stay wouldn't apply because we don't measure distance. Chair Sarnoff Take it a different way, and this is the way I see it. Mr. Echemendia, if in fact CBS were a person and they were an extremely ill person, on May 2, 2008, they gave you power of attorney to unplug their life support. Pretty much they said, please allow this to serve as confirmation that you can act on their behalf. On August 26 -- so I guess this would be about what, June, July, August, two months, three months later? -- they've decided you haven't been a good fiduciary and they no longer want you having the ability to unplug them. And it seems to me from the City's standpoint, we're now on official literal notice that no longer are we allowed to use Outlook for any CBS instruction to unplug them, that you're no longer their power of attorney. And it seems to me that's what this issue hedges upon, and that is you may have very good reasons and may have very good arguments to sue CBS -- and I understand you're probably doing so in circuit court here in Miami -- but I see from the City's standpoint we're now told by a principal that the agent is no longer engaged, and it is that simple. It is truly that simple. Andl don't understand why the City is being dragged into this. I can get into whether what Ms. Slazyk did is a permit, which it is not, whether it's in a zoning interpreter's interpretation, which to me, it is not. But don't think need to because, to me, August 26, 2008, Outlook Media to the City is a stranger, a stranger with no rights. Andl don't know how else you can interpret this. Mr. Echemendia: Could respond, Mr. Chair? Chair Sarnoff Sure. Mr. Echemendia: The -- andl appreciate your comments or your observations. That is an issue -- what that goes to is if -- once they withdrew their consent, the City stopped signing FDOT forms that we filed. I understand the City's position. In other words, what you're articulating is once they withdrew consent, then the City should no longer sign any FDOT applications that are filed by Outlook Media of South Florida. I probably don't disagree with that, but that's not really the issue that's before you in this decision. The issue that's before you is that there was a pending appeal. The City recognized that they shouldn't be signing a competing application within the distance. They entered into an indemnification agreement or there was discussion. City of Miami Page 108 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 They signed it. That is a departure from the essential requirements of that ordinance. That is really one of the only issues in front of you. Now let me correct for the record. Lourdes is saying that they don't regulate spacing. That's very interesting. Let me refine that. The City took the position before October 5 -- before the adoption of the pilot program, the City did not regulate spacing. Since October 5, the City has regulated spacing, which is 1, 000 feet. And in fact, Pieter will tell you -- Mr. Bockweg will tell you that they are now requesting surveys of the distance. The premise of the appeal is that -- and the importance, we think from a precedential perspective -- there are competing applications, not just Outlook Media, but any one of the companies could file competing applications. For instance, Carter and CBS are fighting about two applications up north that are within a certain distance that we're completely uninvolved in. And so the importance -- the precedential importance of this body making a determination as to what 1800 stands for is a right issue before you and is not a moot issue. Why? Because it could be a recurring event that the City goes ahead, notwithstanding the 1,000 rule, and but for guidance from this counsel, the City could go ahead and sign, as it relates to Carter and CBS, an application within 1, 000 feet. Now -- Chair Sarnoff You're making an argument that pregnant women make to United States district courts when their pregnancies are over. And that's called the reoccurring yet evaded principle. It's a constitutional law principle that doesn't belong in front of the City. Mr. Echemendia: Mr. Chairman, maybe this will be easier rather than this colloquy because I, frankly -- I have a -- kind of a unique role. I have an interest in the cli -- in Outlook Media. I'm represented by counsel. I wasn't even going to be here today. I had a conflict with a very important meeting in my office, not that this is not important. But what we're asking is you have a quasi judicial hearing. We want to -- please afford us the opportunity, notwithstanding your proclivity and/or apparent inclination, to make the record. Clearly, this is going to go up one way or another. And let Bobby make the record. I think, from my perspective, what is interesting is the issue of fair play. And I'll just -- I'll leave you kind of with this comment. You have the interpretation of 1800. Should you sign something when there's a competing application during the pendency of an appeal or when an application is filed. And think Pieter tested the other day that, in fact, one of the reasons that they wouldn't sign other applications is because, in fact, there's an appeal pending up in Tallahassee. And so I think some guidance and the City being consistent is important, is important for us and important for the other parties. This case, to me, is very interesting, andl've had this discussion with some of you as it relates to just general quasi-judicial procedures that is very interesting. I believe myself to be somewhat of a scholar of quasi-judicial proceedings. I've been doing this work for 22 years. I love this sort of work. I study it fervently. There's a lot of commentary and case law that talks about -- you know, it's a requirement in quasi-judicial proceedings under Snyder that you all be an impartial decision -making body and that we be informed upon the facts upon which you decide. The City regularly -- and maybe what we get out of this case -- and hate to make new case law by being the paying client, but I think this is a noteworthy case. You know, staff could visit -- andl've been told, oh, this is analogous to a federal judge whose clerk briefs him. The problem is that in this case, the federal judge has an agreement with one of the parties, and that party is part of -- and therefore, the judge and the clerk are actually almost parties to the proceeding before the judge. That's the difference. In this case, I think the record will show that I believe CBS, only three days before the February 25 hearing, did their rounds and visited with Commissioners. And in fact, I believe that in one instance in Reverend Dunn's office, CBS was accompanied by Pieter Bockweg. I believe that -- and it will be elicited through the cross-examination as to who was in that meeting. I will tell you that there's a lot of history -- and this is no fault of ReverendDunn's -- emanating from Reverend Dunn's predecessor relative to this very site. The Lummus site is the genesis of the litigation between CBS and Outlook Media. You have that history which is reflected in one of the e-mails in here, a meeting that took place where it was agreed that if CBS threw Mary May under the bus, they would agree to give them Lummus. On the heels of that meeting that took place a long time ago and with a predecessor Commissioner -- and that's not a Jennings violation because that was -- and I'm City of Miami Page 109 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 being extremely fair and extremely candid. The case law says Jennings violations are during the pendency of an application, not before. What is troubling is that some of the very same people that are referred to in that e-mail relative to that swap, if you will, were in the meeting with Peter Bockweg, CBS representatives, and some of those people now -- you have to understand how we're concerned as to whether we're going to get an impartial decision -making body. With respect -- we say this with respect. I have the upmost respect for Reverend Dunn, and it's not Reverend Dunn's issue. I mean, this isn't a Reverend Dunn issue, but the facts are concerning. Now CBS does their rounds, coincidentally, three days before the February 25 hearing with their counsel, with some other people that will be elicited through the cross-examination. We -- if they visited with the other Commissioners, the correct procedure would be -- now the process -- there's a presumption under Jennings that the process is prejudicial to us. The only way to cure that process is then the burden shifts to the local government to rebut that presumption of prejudice. That's one example -- and that's what the law says. And that's one example of the concern that we have. Another larger policy issue that have -- and Marc, I think you andl -- and forgive me for calling you Marc -- Mr. Chair, is -- and I've had this discussion with Commissioner Suarez as well and with the City Attorney and with others is that the policy of being briefed -- I understand being briefed by staff on a noncontroversial item, but on an item that is controversial, where staff is accompanied maybe by the City Attorney's office, where the predicate or some of the discussion is, well, guys, we have an agreement with CBS. We got paid 200 -- 2.6 million. We're -- CBS is the good steward of that agreement. It is very concerning as to whether, in fact -- andl understand inherently as a function of human nature, you guys have a vested interest. Are we getting a fair hearing? It is troubling. It is concerning to us from a procedural due process. I say this very respectfully. I think I've supported every one of you in your endeavors, in your electoral endeavors. And I, like you all, respect the City. I'm a citizen of the City ofMiami, but the process generally as it relates to those what are called rapid succession meetings informing a Commissioner what happened relative to the meeting with a previous Commissioner, that calls into question a Sunshine issue. Those meetings call into question whether there's an impartial decision -making body. And so this case is bigger than -- for me at least, from a policy perspective, it is a very important case. And so with that, I probably said more than I should have said or wanted to say, but that's what, to me, this case is all about. It's the due process issue and the substantive issue regarding a stay during the pendency of an appeal. Thank you. Mr. De La Fuente: We did have some questions for Ms. Slazyk, if we could run -- go through them briefly. Lourdes, do you have a --? I handed to Pieter a packet in case you need to refer to any of these. There it is. Lourdes, you're the Zoning administrator in the City? Ms. Slazyk: Yes. Mr. De La Fuente: As Zoning administrator, you're the person responsible for administration and enforcement of the zoning ordinance, correct? Ms. Slazyk: Yes. Mr. De La Fuente: Is it fair to say where the Code's silent, you're occasionally called upon to make an interpretation of the Code's provisions regarding specific situations? Ms. Slazyk: Well, if the Code is silent on things like uses, there's a whole provision for determinations of use. I interpret the provisions that are there. I don't do determinations when it's silent. Mr. De La Fuente: In general, your interpretations need to make sense in light of other provisions of the Code, though. Is that correct? Ms. Slazyk: Correct. City ofMiami Page 110 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. De La Fuente: Okay. And as Zoning administrator, you have mentioned already that your duties include reviewing permit applications for advertising sign applications? Ms. Slazyk: The -- you mean the FDOT applications? Mr. De La Fuente: Correct. Ms. Slazyk: We have the form that we sign where we confirm what the zoning is and confirm that it's in compliance with the local code. Mr. De La Fuente: And as Zoning administrator, you make the determination whether or not the site is in compliance, the proposal's in compliance with the local code? Ms. Slazyk: Yes. Mr. De La Fuente: You are familiar with Section 1803 of the Zoning Code? Ms. Slazyk: Yes. Mr. De La Fuente: And that's the provision that you referred to earlier regarding the state of proceedings? Ms. Slazyk: Yes. Mr. De La Fuente: It's under tab -- Ms. Slazyk: I have it. Mr. De La Fuente: Okay, you do. And that provision says that an appeal stays all proceedings in furtherance of the action appealedfrom -- unless the officer from whom the appeal is taken certifies to the Zoning Board, et cetera, et cetera, that it would cause imminent peril, correct? Ms. Slazyk: Correct. Mr. De La Fuente: So when your decision is appealed, the proceedings in furtherance of what was appealed are stayed. Is that correct? Ms. Slazyk: Correct. Mr. De La Fuente: Okay. You mentioned before that you previously did not regulate distances for outdoor advertising signs. Is that correct? Ms. Slazyk: Correct. Mr. De La Fuente: But isn't it true that since the pilot program started that the City does review distances now? Ms. Slazyk: It's irrelevant to this because this happened before then. Mr. De La Fuente: But today you do? Ms. Slazyk: Today, under the pilot program there is a provision for distance. Mr. De La Fuente: Okay. Now you mentioned before the CanPartners site. You're familiar with City of Miami Page 111 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 that site obviously. Ms. Slazyk: Yes. Mr. De La Fuente: And you're familiar that in February 2000 '09 -- 2009, Outlook Media submitted a request for approval of the FDOT form? Ms. Slazyk: For the renewals. Mr. De La Fuente: Right. And you denied that, correct? Ms. Slazyk: I didn't deny it. I informed Outlook Media that they were not authorized. Mr. De La Fuente: Okay, so you didn't accept it? Ms. Slazyk: I didn't accept it. Mr. De La Fuente: And there was an appeal that Outlook filed regarding your refusal of the request, correct? Ms. Slazyk: Correct. Mr. De La Fuente: Okay. And at that time -- that appeal was pending by your own prior statements until at least -- what was it, October 2009, correct? Ms. Slazyk: Correct. Mr. De La Fuente: And you approved the Lummus application in May 2009? Ms. Slazyk: Correct. Mr. De La Fuente: And at the time you approved the Lummus application, the outlook appeal was still pending? Ms. Slazyk: Correct. Mr. De La Fuente: Do you know whether or not the Lummus site is within 1,500 feet of the CanPartners site? Ms. Slazyk: No surveys were submitted and it's irrelevant under our Code. Mr. De La Fuente: Is it fair to say that if any party came in today with an outdoor advertising sign application for a site within 1,500 feet of the Lummus site, you would deny that application? Ms. Slazyk: No, I wouldn't. Mr. De La Fuente: Are you not --? Ms. Slazyk: There is no distance requirement in our Code. IfI sign off on it and the State has a distance requirement, the State will deny whichever one doesn't meet the distance requirement. Mr. De La Fuente: So you leave that decision entirely to the State? Ms. Slazyk: That's up to the State. City of Miami Page 112 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. De La Fuente: Prior to approving a Lummus sign, did you ever speak with any other party regarding that application and the decision you needed to make on the application? Ms. Slazyk: No. Mr. De La Fuente: You never spoke with Peter Bockweg on it? Ms. Slazyk: Pieter administers it and collects the application information and, you know, he brings them to me for signature. Butl didn't talk to anybody else, no. Mr. De La Fuente: Okay. And you were actually the person who made the decision to approve it? Ms. Slazyk: Based on compliance with the settlement agreement and the Code, yes. Mr. De La Fuente: Okay. Today, is the Lummus permit expired? Ms. Slazyk: I do not know. Pieter may know that. Mr. De La Fuente: But you don't have a determination on that issue? Ms. Slazyk: I do not. Mr. De La Fuente: Okay. Thank you. Nothing further. Mr. Chair, is Mr. Bockweg going to be speaking on behalf of the City or can we just ask him questions? I'm not sure what the City's plan is. Chair Sarnoff To the City Attorney. Ms. Chiaro: He can ask questions -- Mr. De La Fuente: Okay. Ms. Chiaro: -- If he's here, he can ask questions ofMr. Bockweg. Mr. De La Fuente: Good afternoon. Mr. Bockweg, what's your title with the City? Mr. Bockweg: Project manager. Mr. De La Fuente: And as project manager, are you the designee of the City Manager for reviewing outdoor advertising sign permits? Mr. Bockweg: I don't believe I've been officially designated as that person. Mr. De La Fuente: Is that one of your duties as project manager? Mr. Bockweg: I collect the FDOT forms and review them and provide them to Lourdes, the Zoning administrator. Mr. De La Fuente: Okay. So you do review the applications? Mr. Bockweg: Yes. Mr. De La Fuente: Regarding those procedures when you review them, is there a special procedure regarding gateways or when a property is next to a park or in an existing multifamily City of Miami Page 113 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 residentially -zoned property? Mr. Bockweg: When I get -- receive the FDOT form from you or from any company, for that matter, that has a settlement agreement, I review to make sure that it conforms and meets the requirements of that particular settlement agreement of the company that submits that FDOT form. And if it meets those requirements, then we're bound to sign off. Mr. De La Fuente: Aren't there special procedures regarding applications that are within a gateway? Mr. Bockweg: Well, again, that's -- that depends on the particular settlement agreement. And it depends if there's an initial amended permits or amended permits and how many of those initial amended permits have been used up or not. It's all -- I can't answer that as a blanket statement. Mr. De La Fuente: Okay. What kinds of applications would require you to seek district Commissioner approval before approving the permits? Mr. Bockweg: None. Mr. De La Fuente: Isn't it true that you -- in this -- how about in -- specifically regarding the Lummus approval. Did you ever seek Commissioner approval before approving that site? Mr. Bockweg: No. Mr. De La Fuente: Okay. In preparation for the City Commission meeting on February 25, 2010, when this was originally scheduled, did you participate in any briefings with any of the Commissioners? Mr. Bockweg: Yes, I did. Mr. De La Fuente: Which Commissioners? Mr. Bockweg: All of them. Mr. De La Fuente: And in those meetings, did you discuss the City's position on the appeal? Mr. Bockweg: I stayed -- base -- purely stated facts on the appeal. Mr. De La Fuente: With no recommendation at all? Mr. Bockweg: No. Mr. De La Fuente: You didn't make any -- you didn't justify the Zoning administrator's decision? Mr. Bockweg: I submitted the facts as to why the Zoning administrator made her determination on a factual basis. Mr. De La Fuente: Okay. At any of those briefings, did anyone from CBS accompany you? Mr. Bockweg: No. Mr. De La Fuente: When you met with Commissioner Dunn's office or with Commissioner Dunn, did CBS go with you? City of Miami Page 114 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Bockweg: There was a separate meeting outside of the briefing where CBS was present, yes. Mr. De La Fuente: And who from CBS was there? Mr. Bockweg: Joe Little and Ines Manero [sic]. I forget her last name, sorry. Mr. De La Fuente: Marerro. Mr. Bockweg: Marrero. Mr. De La Fuente: And were you present for their discussions with the Commissioner or his staff? Mr. Bockweg: Yes. Mr. De La Fuente: During those discussions, was Commissioner Dunn present? Mr. Bockweg: Yes, he was. Mr. De La Fuente: Okay. And do you recall CBS ever being referred to as good stewards regarding $2.6 million? Mr. Bockweg: Good stewards specifically? No. Mr. De La Fuente: Okay. During that meeting, did you discuss or did you hear anyone discuss the -- this appeal? Mr. Bockweg: No, not that recall. Mr. De La Fuente: Are you familiar with the settlement agreement between the City and CBS? Mr. Bockweg: Yes. Mr. De La Fuente: Does the settlement agreement guarantee CBS the right to put signs in specific locations? Mr. Bockweg: As long as it meets certain requirements. Mr. De La Fuente: But there's no specific right to allow a CBS sign at the Lummus site, correct? Like the agreement doesn't say you can have a sign at Lummus? Mr. Bockweg: No. Mr. De La Fuente: Okay. Isn't it true that CBS -- under the terms of the agreement, they bear the sole risk offinding those sites? Chair Sarnoff Wait. I didn't hear the question. Mr. De La Fuente: Isn't it true that CBS bears the sole risk offinding the sites for its amended permits under the settlement agreement? Mr. Bockweg: Yes. Mr. De La Fuente: Okay. Are you familiar with a draft indemnification agreement that was proposed regarding signing off on the Lummus site? City of Miami Page 115 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Bockweg: I believe I have seen it, yes. Mr. De La Fuente: Okay. It's Tab G of the packet that gave you, if you have that in front of you. Mr. Bockweg: Okay. Mr. De La Fuente: Are you familiar with that proposed indemnification agreement? Chair Sarnoff I'm sorry. You said Tab G? Mr. De La Fuente: Of the thinner packet that only -- that he has. Chair Sarnoff Do we have a copy of that? Mr. De La Fuente: You have it under Tab B, as in boy. Chair Sarnoff Boy? Mr. De La Fuente: Yes. Mr. Bockweg: Yes. Mr. De La Fuente: And did you participate at all in the drafting of that agreement? Mr. Bockweg: Yes. Mr. De La Fuente: And do you know why the indemnification agreement was drafted? Mr. Bockweg: That, I honestly don't recall. Mr. De La Fuente: Did you have any concerns about any potential liability for the City because of the pending CanPartners application? Mr. Bockweg: IfI recall, there were concerns, but don't think it had anything to do with the CanPartners applications. Mr. De La Fuente: What were the concerns based on? Mr. Bockweg: We wanted to make sure that we were covered because at that time, ifI recall correctly -- forgive me 'cause it was a while ago -- we have already received a letter from CBS disavowing your authorization to submit FDOT permits or act on their behalf on August 26. So we wanted to make sure -- and we had understood that there was pending litigation between you and CBS so we wanted to make sure the City was indemnified of any wrongdoing. Mr. De La Fuente: During your participation with the drafting and processing of this draft agreement, did you interact with CBS? Mr. Bockweg: I believe so, yes. Mr. De La Fuente: Who from CBS did you interact with? Mr. Bockweg: Joe Little. City of Miami Page 116 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. De La Fuente: How about anyone from the City Manager's office? Mr. Bockweg: I don't remember, but -- I mean, I'm sure I spoke to Orlando about it or other members. I have no idea. Mr. De La Fuente: And this -- How about from the City Attorney's office? Mr. Bockweg: Yes. Warren Bittner. Mr. De La Fuente: Okay. And have you ever proposed indemnification agreements or worked with potential indemnification agreements with any other applicants? Mr. Bockweg: Any other applicants meaning of the ones that have settlement agreements with the City? Mr. De La Fuente: Any applicant for any outdoor advertising sign. Chair Sarnoff Wait. What's the question? Any applicant for what? Mr. De La Fuente: Any outdoor advertising signs. Mr. Bockweg: Well, I can only speak to billboards, as (UNINTELLIGIBLE) -- Mr. De La Fuente: Okay, billboards. Mr. Bockweg: I don't think so. I don't recall. Mr. De La Fuente: Just CBS then? Mr. Bockweg: I believe so. Mr. De La Fuente: Okay. Directing your attention to the March 22, 2010 Zoning Board meeting, do you recall testing under oath at that meeting? Mr. Bockweg: The March -- Mr. De La Fuente: March 22, 2010 Zoning Board meeting. Mr. Bockweg: You're referencing the Carter appeal? Mr. De La Fuente: Correct, correct. Mr. Bockweg: Yes. Mr. De La Fuente: Okay. And you were there on behalf of the City -- representing the City's perspective on the Carter appeals? Mr. Bockweg: Yes. Mr. De La Fuente: Two of the sites that were the subject of that appeal were Contemporary Contractors and Tanaka. Is that how you know those sites? Mr. Bockweg: That's correct. Mr. De La Fuente: And at that hearing, didn't you testes that the reason for denial was that City of Miami Page 117 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 there were pending appeals on those sites at the Department [sic] of Administrative Hearings? Mr. Bockweg: That was a segment of a lengthy presentation of why those applications were denied. Mr. De La Fuente: But that was part of the reason? Mr. Bockweg: That was one part of my -- that was a concern that) had when I had the applications. I'm not saying that was the reason. Mr. De La Fuente: But you are saying it was a concern you had when you made your decision on the applications? Mr. Bockweg: It's something) looked at for sure. Mr. De La Fuente: Okay. And that applied to both Contemporary Contractors and Tanaka? Mr. Bockweg: That applied to every single one of the applications. Mr. De La Fuente: And one of those concerns was based -- the concern was based in part on pending appeals in Tallahassee at the Division of Administrative Hearings, correct? Mr. Bockweg: I'll be happy to answer any questions as it relates to the March 27 Zoning Board -- March 22 or 27 Zoning Board. I did not bring that information 'cause we're here on the CBS matter. I don't see the relevance, but I mean, I need to review my notes as it relates to March 27 'cause that's completely unrelated to what's before you today. Mr. Echemendia: If may, Mr. Chair. I mean, I -- Chair Sarnoff How much longer are you going to go? Mr. De La Fuente: Very short. Mr. Echemendia: Very short. I think -- Chair Sarnoff I'm going give you guys five minutes. Mr. De La Fuente: Okay. Mr. Echemendia: The record speaks for itself, Mr. Chairman and the Commissioners. I think Pieter was testing as the two applications, Tanaka and Contemporary, that CBS had no objection to. His only basis for not signing off on the FDOT applications is articulated under oath at that hearing as reflected in the record was that there was pending appeals before the Department [sic] of Administrative Hearings. What we're trying to show is that the City is taking the position that when there's a pending appeal, they will not sign off on other pending applications. Chair Sarnoff Duly noted. Mr. De La Fuente: So in -- as a general statement, didn't you -- isn't your position that you try to avoid creating a conflict and that's why you -- you were trying to avoid creating a conflict in the event that an appeal was granted. Is that fair to say? Mr. Bockweg: It's -- obviously, I don't like -- I prefer not to create conflicts with what comes before us, butt just -- it's not a simple answer as that just because the nature of the Carter City of Miami Page 118 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 appeal as compared to what's before the City Commission today. What's before the City Commission today has really nothing to do with a conflict or not, in our opinion -- or in my opinion. Mr. De La Fuente: Okay. Mr. Bockweg: The facts are pretty clear as far as I'm concerned. Mr. De La Fuente: Regarding the February 25 City Commission meeting where this particular item was deferred, are you familiar with the reasons for that deferral? Mr. Bockweg: I don't recall. Mr. De La Fuente: Wasn't it the City's request to have it deferred? Mr. Bockweg: It might have been, yes. Mr. De La Fuente: And was it based on the inability for one of the Commissioners to attend the meeting? Mr. Bockweg: We -- the Administration, as far as I recall, wanted to defer the item, and I'm sure there were various reasons. I'm not sure if there was one particular reason for that or not. Mr. De La Fuente: Okay. Regarding the Lummus approval, what's your position on --? Mr. Echemendia: Hold on. Mr. Chair, I think that -- and this isn't a very important issue, but it is an important issue. Chair Sarnoff You got three minutes so whatever you think -- Mr. Echemendia: Okay. Chair Sarnoff -- is important in three minutes is going to happen. Then you'll have your appeal. You'll claim that there's no procedural due process, the (UNINTELLIGIBLE) due process. Mr. Echemendia: No. Understood. Chair Sarnoff You got three minutes. You got three minutes. Mr. Echemendia: Commissioner, my understanding -- and Pieter's under oath, so I'm surprised and think-- and hate to maybe use the Herald truth-o-meter barometer, butt think his pants would be on fire at this point. My understanding is -- Chair Sarnoff Pieter, back away. Are your pants on fire? They don't look like they're on fire to me. Mr. Echemendia: And my -- and the only thing that we're asking -- I mean, we understand -- Commissioner Sarnoff, it was our understanding that you were going to be absent, that it was a request from your office on February 25 to defer the item because you wanted to be here. There's nothing wrong with that. We're just trying to elicit that testimony and that that was conveyed to Commissioner Dunn prior to the hearing. And we're just trying to get -- have the record reflect that. And so that's -- Chair Sarnoff So you want the record to reflect that I spoke to Pieter Bockweg and asked him City of Miami Page 119 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 to have this delayed? Mr. Echemendia: No, no. This is nothing -- Chair Sarnoff Is that what you're saying? Mr. Echemendia: -- on you. We just -- we've been deferred four times -- Chair Sarnoff I'm not worried about anything, Mr. Echemendia. I got no concerns. I just -- you have two minutes left. Mr. Echemendia: Fair enough and -- Chair Sarnoff If you think it's essential that you elicit testimony that somehow a full Commission should be here to hear this issue, go right ahead. Mr. Echemendia: No. Chair Sarnoff Waste your next two minutes. Mr. Echemendia: No. Chair Sarnoff I don't mind Mr. Echemendia: Commissioner, you're going to give us two minutes, just for the record. I know that we're probably going to run out of time. I don't know if Bobby -- we're done. So we're done. Thank you. I mean, he's -- I guess you have some other comments or you're good? Mr. De La Fuentes Right. We just ask that you keep in mind the issue is whether or not the Lummus approval should have been signed pending the CanPartners appeal. It's unrefuted that the appeal was pending. Whether or not CanPartners was a legitimate party at the time that they filed their appeal, that wasn't a decision to be made by the Zoning administrator. It's our position that that was something to be decided by the body that would consider the appeal. Chair Sarnoff Wait, wait, wait 'cause I think you made an inconsistent statement. Go -- now say that again 'cause I think you hurt yourself. Mr. De La Fuentes No. What I'm say -- what I said was the issue before you is -- Chair Sarnoff Right. Mr. De La Fuentes -- whether or not it was proper for the Zoning administrator to approve the Lummus application pending -- while the CanPartners appeal was still pending. In May, as the Zoning administrator testified, the CanPartners appeal was pending in May when she signed off on the Lummus application. Everything that she talked about, whether or not it was valid, whether or not CanPartners was a legitimate party to be pursuing this appeal, those are not issues that should have been decided by the Zoning administrator in deciding to approve Lummus. What we're saying is that that was something to be decided by another body. Our issue is whether or not, during the pendency of that particular appeal, it was proper for her to approve the Lummus site and we submit to you it was not. Chair Sarnoff Providing that what she signed on was a Zoning administrator's determination, whether is rose to that level. Mr. De La Fuentes And we believe it was because -- City of Miami Page 120 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff Well, that's your -- that's a factual question I think that the City Attorney said that this judicial body -- quasi judicial body has to make, correct? Mr. De La Puente: Correct. Chair Sarnoff You agree with that? Mr. De La Puente: That is what the City Attorney said to you, yes. Chair Sarnoff I know that's what she said and you're probably agreeing to that. Do you agree that this politic body in a quasi judicial matter must make a factual determination that her conduct must rise to a level of a Zoning administrator's determination? Mr. Echemendia: No. That -- Chair Sarnoff Wait, wait, wait. One person's going to answer that question. Your lawyer's going to answer that question and then you can pipe in. Mr. De La Puente: We believe that this was a determination -- Chair Sarnoff Okay. Mr. De La Puente: -- and that's already done. Chair Sarnoff Well -- Mr. De La Puente: It is not an issue. Chair Sarnoff -- you don't think it's a factual determination. You think it's an admitted fact. Mr. Echemendia: It's what's before you. Mr. De La Puente: Right. Mr. Echemendia: There is no determination as to whether it's a Zoning administrator's determination. This is an appeal of the Zoning administrator's determination. Chair Sarnoff Well, I think this body has to decide whether it was a determination or not, but that's okay. You're just not conceding to it. I get it. All right. Mr. Bockweg: Mr. Chair, I just want to make one thing very clear. I need to amend the resolution to show that the sign will not be placed in Lummus Park but it will actually be in Lummus Park Apartments, located at 350 Northwest 2ndAvenue. Chair Sarnoff All right. So the appeal would be, in Madam Clerk's parlance, as amended or as substituted? Okay. All right. Anything else from anyone else? Madam City Attorney, you want to say anything? Commissioner Dunn. Commissioner Dunn: Yes, sir, Mr. Chairman. I wanted to ask the attorney, Madam Attorney, in an abundance of caution, I heard my name invoked several times. And in our meeting with CBS, this issue was not discussed. So I wanted to find out is there a possibility that there could have been a Jennings violation? Ms. Chiaro: If the meeting -- if this issue was not discussed in your meeting, there is no Jennings City of Miami Page 121 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 violation. A Jennings violation occurs if the substantive issues are discussed -- Commissioner Dunn: It was not. Ms. Chiaro: -- outside the public meeting. Commissioner Dunn: Okay. So since this issue was not discussed, do I have to recuse myself from this item? Ms. Chiaro: You do not. Commissioner Dunn: Thank you, Madam Attorney. Chair Sarnoff Has any other Commissioner been alleged to have been involved in the Jennings? I think that was it, right? 'Cause I mean, they can cure -- they could cure it by saying it didn't happen. Ms. Chiaro: That's correct. Chair Sarnoff All right. I just want to make sure that nobody else was accused. All right. I'm going to suggest -- Mr. Echemendia: Mr. Chair. Chair Sarnoff I thought we're done. Mr. Echemendia: Well, we actually -- I'm not going to do it, but -- Chair Sarnoff Are you ask -- are you -- Mr. Echemendia: -- I do have the right -- Chair Sarnoff -- looking for surrebuttal? Mr. Echemendia: -- to cross-examine Commissioner Dunn. I'm not going to do it as a courtesy, but Madam City Attorney, do I have the ability or not? Ms. Chiaro: You do not have the ability to cross-examine the Commissioners. Mr. Echemendia: Okay. Just wanted that on the record. Thank you. Chair Sarnoff All right. Let me give this tribunal -- 'cause that's what we're acting as is a tribunal. I think this is pretty simple. Commissioner Dunn: Yeah. Chair Sarnoff Any (UNINTET,TIGIBT,F) of authority that was given to Outlook occurred on May 2, 2008. If you will, CBS, as a sick patient, decided to give a power of attorney to turn on or off its life support. Not three months later CBS decided it was not going to allow that power of attorney to exist. You can never obtain any better rights as an agent than the principal has. That principal withdrew those rights on August 26 and further withdrew those rights when it withdrew the subject site. I'm sorry, gentlemen. What Ms. Slazyk does is not a determination when she simply signs off on an application to FDOT She's not making any determination. She is merely giving the requisite authorization to do whatever acts then FDOT determines to be appropriate. I think the appropriate motion here is very simply to deny this appeal. City of Miami Page 122 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: I would move to deny this appeal. Chair Sarnoff All right. We have a motion to deny. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I do have a question before the vote because of the wording of the resolution. The wording of the resolution says upholding the Zoning administrator's -- what does it say "interpretation?" And that's what you're saying, it's not a determination? Is that what's --? I just want to make sure that I understand what -- Ms. Chiaro: If your determination is that it is not an interpretation, then this resolution needs to be additionally amended to change that wording. I can add that that's the basis for your denial if, in fact, that's part of your motion. Chair Sarnoff So you want to phrase it? Ms. Chiaro: If you want that phrase. Chair Sarnoff So why don't you make the phrase -- here's what we'll do. We'll do another vote to withdraw what we just did. Is there a motion of reconsideration? Commissioner Dunn: So moved. Chair Sarnoff We have a motion by Commissioner Dunn, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Why don't you put something out there and we'll see if the Commissioner can adopt it. Ms. Chiaro: Okay. It is a resolution of the Miami Commission denying the appeal, affirming the decision of the Zoning Board, upholding the actions of the Zoning administrator related to the issuance of a permit for outdoor -- for an outdoor advertising sign at a site -- and we'll put the address. It's known as the Lummus Park site. -- regarding the provision contained in Article 10 of the Zoning Ordinance 11000, as amended. The Zoning ordinance -- Chair Sarnoff You don't want to put a factual determination there? Ms. Chiaro: If you want some additional facts, we can put them. I suggest that you leave your decision based on the statement of upholding the Zoning administrator's actions. City of Miami Page 123 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff All right. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn. Commissioner Gort: I'll second it. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 124 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 10-00416 DISCUSSION ITEM DISCUSSION CONCERNING THE STATUS OF THE FLAGSTONE ISSUE AND THE COCONUT GROVE PLAYHOUSE ISSUE APPEARING BEFORE THE STATE OF FLORIDA CABINET. 10-00416 Memo.pdf TABLED Chair Sarnoff All right. Why don't we take up, ifI can, the Mayor's item? I think you have an M (Mayor) -- forgive me, Mr. Mayor; I'm looking for your items. Anybody have the page number for the Mayor's item? Unidentified Speaker: 41. Chair Sarnoff 41 ? Commissioner Gort: Flagstone. Chair Sarnoff Mr. Mayor, you are recognized for your discussion item, M.1, the status of the Flagstone issue and the Coconut Grove Playhouse issue. Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning, Commissioners. IfI may, I would ask that you allow me and the Manager to come back in the afternoon for a report to you after we have a press conference scheduled in the afternoon. So after the press conference, I would rather come back and use my time reporting to you and the members of the Commission. On the other two issues here, on the Playhouse, we're trying to get on the agenda. Ron Book is working his way through the Cabinet. Kirk Menendez is working also on that. And on the Flagstone, you will get the documents from the City Attorney a week before, ten days before -- Commissioner Gort: Yes. Mayor Regalado: -- not at 8:30, I promise in -- whenever the item is scheduled in the agenda. So I would ask if you allow me to come back in the afternoon? Chair Sarnoff Absolutely, Mr. Mayor. Andl hope you got the letter that we received from FIU (Florida International University) expressing interest in the Coconut Grove -- Mayor Regalado: Yes, I did. Chair Sarnoff -- Playhouse. And I hope you can support -- Mayor Regalado: Yes, I did. Chair Sarnoff -- a plan like that. Mayor Regalado: Yes. Chair Sarnoff So -- City of Miami Page 125 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mayor Regalado: Yes, I do. Chair Sarnoff Okay. All right, we'll see you then at 5 o'clock. And anticipate a pretty robust report on what's going on with the City today. Thank you. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 10-00372 DISCUSSION ITEM DISCUSSION ABOUT CONTAINER DEPOSIT LEGISLATION. DISCUSSION ABOUT THE HARMFUL EFFECTS OF PLASTIC BOTTLES AND CANS ON THE ENVIRONMENT. DISCUSSION ABOUT CONTAINERS IN STORM SEWERS, LANDFILLS AND THE OCEAN. POSSIBLE SOLUTIONS. 10-00372 Email.pdf NO ACTION TAKEN D2.2 10-00375 DISCUSSION ITEM DISCUSSION ABOUT (PHONE APPLICATIONS AND THEIR ABILITY TO MAKE THE CITY OF MIAMI MORE RESPONSIVE TO ITS CONSTITUENTS. BOSTON, SAN JOSE, SAN FRANCISCO, BALTIMORE AND MANY OTHER CITIES ARE USING THE LATEST TECHNOLOGY TO BE RESPONSIVE AND TO REDUCE PAPERWORK AND REDUCE THE COST OF GOVERNMENT. 10-00375 Email.pdf NO ACTION TAKEN D2.3 10-00320 DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT'. CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE City of Miami Page 126 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JANUARY 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00320 Email.pdf DISCUSSED Chair Sarnoff And you wanted to take another issue, which I think was on my blue page, was it? Carlos A. Migoya (City Manager): That's correct. D2.3 is yours. Chair Sarnoff D2.3 is the headcount. Mr. Migoya: Correct. Chair Sarnoff Gentlemen, that would be on page 44 of your agenda. You're recognized for the record, Mr. Manager. Mr. Migoya: Everyone has -- I believe everyone has a chart of the headcount andl know Commissioner Sarnoff -- Chairman Sarnoff had requested this. I took the liberty of asking Larry Springs [sic] to add to this the dollars at the bottom because the number of headcounts by itself does not correlate necessarily the dollars. And at the end of the day, what's important here is to look at the dollars equally level. Commissioner Gort: Can I get a copy? I don't have -- Mr. Migoya: You have -- it's in the mail, Commissioner. No. Coming. Chair Sarnoff Here comes the airmail. Commissioner Gort: It's not (UNINTELLIGIBLE) in the mail. Mr. Migoya: If you are to look at the actual headcount, especially as it relates to the little blip in December where there's actually 40-some increases, and what that represents is the new fire class that's coming in, predominantly; 34 out of the 43 is the fire class. But one of the things that we've done is specifically as it relates to Fire by adding those fire classes, we've been able to substantially reduce overtime, so again, headcount does not necessarily mean total salaries. And the other thing about the headcount, which I've explained to some of you, is that these headcounts, the City has never looked at it from a full-time equivalent, so these numbers include part-time people as well, so obviously, 40-hour people get paid more than 20-hour people and so on and so forth. So -- and beyond the date here that you requested, just for the record as well, the February dollar -- even though the February headcount is relatively even, it's up by 5 from 36.29 to 36.34. The actual dollar amounts are down to 22,179, 000, which is a substantial reduction, so -- and we -- and the big piece of that is overtime was substantially reduced in February. Now, either, I believe April we'll have an up -- an overtime because it's -- a lot of delayed overtime for the last months because of the Oracle conversion, and we're catching up on all that overtime cost in April, so you'll see a blip on the overtime cost in April from all the City of Miami Page 127 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 previous months that we've had. But overall, you can see that, especially for the last several months here in 2010, we're starting to head down on overall payroll costs and you'll hopefully continue to see that going forward. Chair Sarnoff Mr. Manager, just so you know, the reason that I asked for a headcount -- I may ask for a headcount every 60, 90 days. If in fact, 80 percent of the City ofMiami budget is a form of compensation, and if there's only two ways of reducing that 80 percent of our entire expenditure is either by layoffs, terminations for reductions in amount of compensation, we -- you, I believe, came to us last Commission and say we are projected to be $28.5 million over budget. To me, the only way to reduce that is predominantly or materially to reduce either the number of employees, to create more part-time people. Obviously, one of the other ways, you're right, is to make sure you don't incur overtime. And that's the only -- I'm not the CPA (Certified Public Accountant) that Commissioner Carollo is, so on a lack of sophistry, all I'm looking for is how you're going to bring 28.5 million down hopefully to zero -- I don't think you're going to get there -- but certainly, hopefully half of 28.5 million. Mr. Migoya: Well, you're absolutely right, a big piece of this is the hire freeze and making sure we have control over the salaries and over Saul compensation, which, again, overtime is a critical piece and both Fire and Police are a big piece of that, and like I previously said in other meetings, the two chiefs have done a really good job of controlling overtime. The other piece that we're doing and we have done, as you're aware of we have a freeze on procurement and it doesn't mean that we're -- stop all procurement, but we are down to really emergency procurement at this point, and we have three people on a committee really looking at the emergency procurements that we substantially reduce that as well. So those are the two big pieces. As we go into April 22 meeting, you'll see the March numbers, and hopefully, you'll continue to see a trend of what we're looking to see here for the next few months. I am very hopeful that the $28 million is the worst -case scenario and you'll see an improvement of those projections as we go from month to month in reporting to the Commission. But we'll talk more about it on April 22. Chair Sarnoff All right. I'm satisfied. I mean, I'm not satisfied; I'm informed, and hope the rest of the Commissioners are because I think we all know 80 percent of anything we talk about is compensation. Thank you, Mr. Manager. Commissioner Gort: Mr. Chair. Chair Sarnoff Do you want to be heard? Commissioner Gort: No. I'd like to ask you a question. In the -- I see the variances and the executive salaries goes up and down quite a bit. Is any particular reason why? Or I'm reading it wrong. Like in October, executive salary was 40 -- Mr. Migoya: Executive salaries? Commissioner Gort: Right. Vice Chair Carollo: They're being charged to my office; don't worry. Mr. Migoya: It's 40,000. Larry Spring (Chief Financial Officer): Mr. Chair, ifI could be recognized? I guess not. Commissioner, I need to check the posting in that category of executive salary. I think what that is is we provide some compensation to some of the outside board members, like PAB (Planning Advisory Board), andl think that's what that number is, butl'll verin, that and get back to you. City ofMiami Page 128 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Gort: Okay. Mr. Spring: The real -- like my salaries, the real City executives is in the classification of regular salary and wages. It's -- Commissioner Gort: Okay. Mr. Spring: -- in that number. But I'll verifi, that right now and get back to you. Commissioner Gort: Thank you. Chair Sarnoff If I'm not mistaken, I think the director of Personnel gave us a document yesterday. I don't see it here. That -- actually, it was an interesting document that I would hope you would have handed out to all the Commissioners. It's starting to demonstrate -- we're actually starting to control executive pay. We're starting to control brass, if you will, for Police. We're starting to control brass, if you will, for Fire. Can't say we're under control with anything else, but you're actually seeing reductions in the higher paid personnel. Is that --? Michelle Pina: Interim director, Michelle Pina, for Employee Relations. We do not -- I think we provided that document a couple of weeks ago, but we can certainly provide that document again. But what it does is it breaks down the chart that you currently have and it breaks down into executives, firefighter, police, and their ranks, and how the salaries have been adjusted. Chair Sarnoff If you could, before -- I don't know you're not going to have it -- can you hand it out to the Commissioners? I think it's interesting to look at and see that you're starting to get some controls. What you're doing is you're measuring July 2009, you're comparing it as far as January 15, 2010, and you're beginning to see controls in place. For instance -- I'll give you one for instance. Executives wentfrom $127,000 a year and now I believe they're at $119,000. Ms. Pina. You are correct. Chair Sarnoff And the same thing goes with even Police and Fire. I mean, the executive Fire wentfrom 204; I believe they're at 188. Executive police wentfrom 144 to 135. Ms. Pina: To 135, yes. Chair Sarnoff And I'm not saying these are the correct numbers, but what am saying is trend line. You're beginning to show a trending down of executive pays. Andl know there are complaints of compression and that's their issues, maybe not our issues. But you're beginning to see controls starting to take effect. I don't know if they're taking effect fast enough, Mr. Manager, but at least, as you would say, your trend line for the people who you can control is going in the direction that you want it to. Mr. Migoya: Mr. Chair, that's one of the things that we've been trying to do is make sure that everyone understands the sacrifices that we're doing on the things that the City controls, especially as we go into contact negotiations that they understand that it's not just about the contracted employees and the union employees, but that we're taking a lot of other sacrifices in the City before we ask them to do the right things. Chair Sarnoff So I -- actually, this discussion on headcount, Mr. Manager, while the headcount -- and this graph is interesting. I thought more interesting than Ms. Pina shared with us, was the breakdown of salaries from July to January and beginning to see -- as they say, you're beginning to see the Titanic turn. Now, whether she turns fast enough, I don't know. But the Titanic is beginning to turn. Thank you. City of Miami Page 129 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Ms. Piha: Thank you. Chair Sarnoff You're recognized. Vice Chair Carollo: Mr. Chairman, could it turn with the three or four additional employees that are in my office out of here and someone else's? Mr. Migoya: Mr. Vice -- Chair, ifI may address the Vice Chair? Chair Sarnoff Have colloquy. Mr. Migoya: When we reduce your salary budget, we will be able to then give you authority to get long distance codes and the other things that you need, sir. Vice Chair Carollo: Thank you. Chair Sarnoff All right. We're going to move on. I want to thank you, by the way, for hearing this. D2.4 10-00315 DISCUSSION ITEM DISCUSSION ABOUT THE TEMPORARY USE OF VACANT LOTS. THE CITY OF MIAMI ZONING DEPARTMENT IS REVIEWING THE CLASS I PERMIT PROCESS BY WHICH PROPERTY OWNERS AND PROSPECTIVE TENANTS MAY USE VACANT LOTS. DISCUSSION ABOUT TEMPORARY STRUCTURES INCLUDING BUT NOT LIMITED TO SALES CENTERS, TRAILERS, AND THE USE OF MANUFACTURED HOUSING UNITS. DISCUSSION ABOUT SECURING TEMPORARY STRUCTURES. THE GOAL IS TO CREATE A WAY FOR PROPERTY OWNERS WHO OWN VACANT LOTS TO USE THEIR VACANT LOTS WHILE THEY WAIT FOR THE ECONOMY TO IMPROVE. 10-00315 Email.pdf NO ACTION TAKEN D2.5 10-00417 DISCUSSION ITEM DISCUSSION REGARDING THE NUISANCE ABATEMENT BOARD. THE DISCUSSION WILL INCLUDE THE DUTIES AND RESPONSIBILITIES OF THE BOARD.THE DISCUSSION WILL INCLUDE QUORUM AND THE NEED TO APPOINT ADDITIONAL MEMBERS. 10-00417 Email.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO City of Miami Page 130 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 D3.1 10-00270 DISCUSSION ITEM DISCUSSION CONCERNING PARKS IN DISTRICT 3. 10-00270 Email.pdf TABLED Chair Sarnoff All right. Gentlemen, I think it would be wise for us to leave the boards to the afternoon and giving us a robust lunch break, 'cause I think they're going to be addressing us as a board. Commissioner Gort: (UNINTELLIGIBLE) going to have -- Chair Sarnoff Excuse me? Commissioner Gort: -- a public hearing on this or this is just discussion item? Chair Sarnoff Sorry? Commissioner Gort: That was just a discussion item? We don't --? Chair Sarnoff This was a D5 issue. Yeah. We could finish up -- Commissioner Carollo, you want to do your D3.2, the five-day rule and maybe you want to do D3.1 while we use up whatever's left of the morning? Vice Chair Carollo: Well, last time I deferred D3.1 'cause the Manager wasn't here, and apparently, once again, the Manager isn't here. Larry, I have a -- let me tell you something. I know you're there saying, I'll be the acting manager, but that's an additional problem I have. I already have a problem with you being the CFO (Chief Financial Officer) and the budget director. You know I have one heck of a problem with you also being the acting City Manager. And in all fairness to the Manager, I sort of let him know that I wouldn't be mentioning it up here on the dais so now that I am mentioning, I don't want to go any further because I think he should be here ifI continue, but -- Chair Sarnoff So D3, you want to wait for the Manager? Vice Chair Carollo: Yes, I would like to wait for the Manager. Chair Sarnoff Gentlemen, why don't we do this then? Why don't we take our lunch recess? I believe they want to address us -- does anybody want to recall they wanted to come back? Was it 4 or 5? Commissioner Gort: Is that the --? Chair Sarnoff Four? Four o'clock? We have a 2: 30 special -- yeah, that's that appeal. So why don't we take lunch till 2:30, and we'll start with the appeal? All right. Thank you. We're in recess. D3.2 10-00407 DISCUSSION ITEM DISCUSSION REGARDING THE FIVE DAY RULE. 10-00407 Email.pdf NO ACTION TAKEN D3.3 10-00415 DISCUSSION ITEM City of Miami Page 131 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 DISCUSSION ON THE STATUS OF THE 2009 AUDITED FINANCIAL STATEMENTS. 10-00415 Email.pdf DISCUSSED Direction by Chair Sarnoff to the Administration for the first meeting of the Budget Task Force to be held next Thursday, April 15, 2010 and for the Budget Task Force to be provided all information and support necessary to function. Chair Sarnoff All right. If you gentlemen would allow me, I'm going to take something out of order at the request of the Vice Chair so that we can allow some people to go back to work. It is page 45 on your agenda. It is District D3.3. It is a discussion on the status of the 2009 audited financial statements. Just so you know why I'm taking it out of order, it's just to put people back to work. I believe Mr. Chircut is here. I'm sorry, he's not here. Commissioner Gort: I'm sorry. I'm following different the -- Chair Sarnoff Page 45. It is a District 3 discuss page item. It is D3.3. Commissioner Gort: District 3, okay, got it. Chair Sarnoff You're recognized for the record, Ms. Gomez. Diana Gomez: Diana Gomez, Finance director. We are in the process offinalizing our audit. The -- we do have with us Donnovan Maginley, partner with -- director with McGladrey & Pullen, which is our audit firm, external audit firm. We -- the financial statements are in review with the partners currently, and we do expect it to be issued soon. Vice Chair Carollo: Thankyou. Mr. Chairman. Chair Sarnoff You're recognized for the record, and you're free to have colloquy. Vice Chair Carollo: Should he speak? Would you like to speak first? Donnovan Maginley: Sure. Good morning, Mr. Chair, members of the Commission. Donnovan Maginley with McGladrey & Pullen. We are the auditors for the City's general purpose or basic financial statements. As part of this process, I was informed that the Commission wished to be informed as to the process or the progress or the status of the audit. We started the audit as scheduled, based on the audit plan that was presented to the audit advisory committee. During the process, we -- management -- and we -- we thought management closed their books in the same manner similar and timing as the prior year. During the process, the Finance director got hurt, got injured. That added to some delays. In addition, there were some component units that are required to report directly to the City. Those reports were not within the time frame that they normally would be in order to expedite or execute the audit process. So Commissioner, those things -- (UNINTET,TIGIBT,F) minor factors have attributed to the delays, at least in our opinion. Vice Chair Carollo: Thankyou. Mr. Chairman. Chair Sarnoff Go ahead. You're free for colloquy. Vice Chair Carollo: Thank you. When I asked our chief financial officer and Budget director in the last meeting as far as the reasons for the delay -- Mr. Maginley: Yes. City of Miami Page 132 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Vice Chair Carollo: -- another reason he mentioned was that due to some issues related to the SEC inquiry. Is that correct? Mr. Maginley: Well, the SEC (Securities and Exchange Commission) inquiry is not in a direct delay effect on our audits, per se. The issue -- as a result of SEC's inquiry, what happened -- not to bore you -- it changed the risk factor of how we view the audit as a -- consequently, we have to add different layers of reviews or incorporate different layers of reviews, so there's now two additional partners that are reviewing it in addition to myself. So that's going to be an add -on time that's going to be as part of the time lapse in order to -- from the time we get the financial statements for review till when we can release our report. So there is some add -on time in terms of how much time it's going to take from the moment -- if you were to compare the same review period from last year to this year, there's more time involved. Vice Chair Carollo: So you're adding on additional layers as far as partners' review and so forth? Mr. Maginley: Yes, because of the SEC inquiry, our -- the risk profile of the auditee [sic] has now changed. It was moderate. Now it's a high risk just as a consequence of that. Vice Chair Carollo: So you're just being more careful? Mr. Maginley: Not being more careful. It's just a part of our -- even with an SEC engagement, same thing. If the SEC had called up for an SEC engagement, there's additional reviews that are contemplated or required as part of that process. Vice Chair Carollo: When I asked in the last meeting when it was anticipated for the audited financial statements for 2009 to be issued -- Mr. Maginley: Yeah. Vice Chair Carollo: -- the date was April 15. Are you in agreement with that date? Mr. Maginley: We're going to shoot for that date. I'll be very honest, it may be very difficult to get to tie down to specifically for that date, but we're shooting for that date. Vice Chair Carollo: Okay. Mr. Maginley: At least our intention is to get this done before the end of the month or at least before the next Commission meeting. Vice Chair Carollo: I understand. Mr. Maginley: Yeah. Vice Chair Carollo: And my problem is that this is extremely important to the City because it was my understanding that by April 15, we were going to have a bond hearing, a bond offering - Mr. Maginley: Okay. Vice Chair Carollo: -- andl hate to go to a bond offering without audited financial -- Mr. Maginley: Of course. City of Miami Page 133 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Vice Chair Carollo: -- statements for 2009. Mr. Maginley: Yeah. Vice Chair Carollo: So this is prelonging [sic] the bond offering -- Mr. Maginley: Yes. Vice Chair Carollo: -- which, in effect, is causing a domino effect and now the parking garage for the Marlins stadium, the start date has been delayed from May 3 to June 1. So it's having a domino effect, which I don't think should occur. I'm not saying it's your fault. Mr. Maginley: Right. Vice Chair Carollo: As a matter of fact, I want to hear from the three agencies that did not provide their audited financial statements to you all. Mr. Maginley: Sure. Vice Chair Carollo: But it's having a bad effect. Mr. Maginley: Yes. Vice Chair Carollo: If you go by Northwest 7th Street or through 836 and you look over and you see that the Marlins Stadium is actually getting done on time. I mean, I don't want to say they're flying, but it's -- Mr. Maginley: Steady. Vice Chair Carollo: -- moving. Mr. Maginley: Yeah. Vice Chair Carollo: And the last thingl want is for the City to look bad if we don't have the parking garages done in time and it's to blame because of financials and so forth. Mr. Maginley: Right. Vice Chair Carollo: I'm not saying was against the Marlins. I'm not saying was for the Marlins. I actually didn't have a vote. Mr. Maginley: Okay. Vice Chair Carollo: I inherit the Marlins Stadium. Mr. Maginley: Right. Vice Chair Carollo: But with that said -- Mr. Maginley: Yeah. Vice Chair Carollo: -- being the Commissioner of that area, I'm going to do everything that I can to make sure that all the contracts are done properly, that all the time schedules are done correctly and on time -- City of Miami Page 134 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Maginley: Yeah. Vice Chair Carollo: -- and I'm on top of it. And I'm concerned, Mr. Manager, because in all fairness, the start date now for the garages has been postponed from May 3 to June 1, and we still don't have audited financial statements. Again, if we would go to the market now, we will get killed because, you know, the investors need to have something to see where we are. You want to say something, Mr. Spring? Larry Spring (Chief Financial Officer): IfI could? Vice Chair Carollo: Sure. Mr. Spring: Mr. Chair? Chair Sarnoff You're recognized. Mr. Spring: Larry Spring, chief financial officer. Commissioner, obviously, you know, we share that same concern. We had been working closely with the project manager, Robert Fenton, keeping him abreast of our timeline. We have worked with our underwriting team, so as soon as the financials are completed, they will be shipped off to the rating agencies, and we've recently -- andl think that's why you know of this -- the new date. We've been working on our bonding time schedule, so we're making every effort to, despite this time lapse with the financials and all the factors associated with it, still try to do our best to get that bonding done as quickly as possible. I wanted to clarify. Because of the inquiry and our need to hit the market appropriately with all the proper disclosures, the most up-to-date financials and all these things, we're -- we had intended not to go and we still intend not to go to market until we have those audited financial statements. I have also myself, with one of our co -senior managers, we've talked about alternative financing in -- you know, if we get to a situation where, you know, the time delay on starting the garages just were against the wall to get an alternative financing plan together so that we can proceed and not lose or miss the required deadlines associated with the delivery of the garages. So you know, track one, plan one, the plan approved by this Commission, we're still on that track, but you know, in the back of our minds, we're always being mindful in trying to have, as you've said before, plan -- have Plan B always ready, so we're -- we have that, so -- Vice Chair Carollo: True, Larry. And all I'm asking is, you know, to work as hard as possible, diligent, because the bottom line is we missed the deadline. We should have had the audited financial statements March 31, and if people don't understand the significant [sic] of it, people that aren't that aware of financing, of investing and so forth, I'm going to start making them and showing examples of how it's hurting us, because we don't have our audited financial statements, and that there may be repercussions in the future. In other words, I think we're going to look really bad if the stadium is built and the City cannot build the garages on time -- Mr. Spring: Right. Vice Chair Carollo: -- regardless of who approved the stadium and who didn't and so forth. So all I'm asking is, you know, work as hard as you can -- Mr. Maginley: Yeah. Vice Chair Carollo: -- and let's issue these financials like, you know, they ought to be. Mr. Spring: Right. Vice Chair Carollo: With that said -- and by the way, thank you for your appearance before us. City of Miami Page 135 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Maginley: No problem. Vice Chair Carollo: -- truly appreciate it. Mr. Maginley: Yes, sir. Vice Chair Carollo: In the last meeting, I also asked for the entities, representative of the entities and their auditors to come before us and stipulate why their audits were late, which caused a domino effect where now we're going to be late. Are they present, Mr. Spring? Mr. Spring: I do not see them present. The notice was sent out. I know that a written response was e-mailed (electronic), but they were invited to be at this meeting today. Chair Sarnoff Who are the "theys"? Mr. Spring: Well, the Virginia Key Beach Trust, the Liberty City Trust, and Civilian Investigative Panel, or the three agencies. I personally hand -delivered, received the financial statement for Virginia Key Beach Trust Monday night, myself, and delivered it to Finance Tuesday morning, but they were invited per the directive, but they're not here, so -- Vice Chair Carollo: Mr. Larry, Mr. Manager, this is unacceptable. Mr. Spring: Well. Vice Chair Carollo: I mean, this is unacceptable. I -- Mr. Spring: Those executive directors are not -- they don't report to me or the Manager. Chair Sarnoff So not being the accountant the Vice Chair is -- Mr. Spring: Yes. Chair Sarnoff -- in essence, we're being held up now by two agencies that have not given us audited financials? Mr. Spring: No, no. They've -- at this point, they've all turned in their financials. All of the financials are in. Chair Sarnoff I didn't understand that. Okay. Mr. Spring: I think he's -- what he's referring to is the fact that they were invited. That communication was sent out. They're not present. Vice Chair Carollo: Is there repercussion for that? I mean, it was from this Commission -- I asked if that body and their auditors would come present. Mr. Spring: Absolutely. Vice Chair Carollo: Andl think the -- actually -- Mr. Spring: Yeah. No. Vice Chair Carollo: -- that was the answer. City of Miami Page 136 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Spring: Yes. Vice Chair Carollo: Absolutely. Mr. Spring: Absolutely. And the director -- Vice Chair Carollo: And they're not here. Obviously, to them it's not that important. Mr. Spring: Right. Vice Chair Carollo: But you see why it's important to us and in all fairness, it's important to the City. Carlos A. Migoya (City Manager): Yeah. Vice Chair Carollo: Andl'm not kidding about this. As a matter of fact, you had communications with Mr. Fenton. Mr. Fenton andl both found out yesterday that the date had been postponed. We found out together. So, yes, we found out together yesterday that the day had been postponed from May 3 to June I. Mr. Spring. No. I don't -- I've been -- I don't know what information Mr. Fenton told you, but Mr. Fenton has known about our schedule for some time. Vice Chair Carollo: There was discussion, but there was never a certainty whether the project was going to be postponed or not. Andl'm telling you, I have the e-mail. I was present at the meeting with him. With that said, that's not the issue. My issue is how do we get this resolved? Mr. Spring: The financials have been turned in, Commissioner. They have it. They're -- it's moving forward The issue of why the executive director and those outside agencies auditors are not here is not a question that I can answer. Their directive was sent from this Commission to those bodies so those executive directors and those individuals need to be accountable for that. That's all I'm trying to communicate to you. Chair Sarnoff Let me intercede. Commissioner Dunn, you're recognized. Commissioner Dunn: Yeah. Just for a moment. And Mr. Chairman, I want to address the Vice Chair. I cannot verify this, but was under the assumption that the Liberty City Trust did turn their audits in. Now, I can't verify that. Mr. Spring: We said that all of the audits, as of today, have been received. We've said that. Commissioner Gort: They were asked to be here. Mr. Spring: They were asked to be here. Commissioner Dunn: Oh, okay. I got you. Okay. All right. Vice Chair Carollo: They were asked to -- they were actually asked to come before us and let us know why they were late -- Commissioner Dunn: Okay. Okay. Vice Chair Carollo: -- the agency and the auditors, because in all fairness, there could be conflicting reasons. City of Miami Page 137 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Dunn: I respect that. No problem. Vice Chair Carollo: Because in all fairness, Commissioner Dunn, this can't continue to happen. Commissioner Dunn: Agreed. I agree. Vice Chair Carollo: This can't continue to happen. And Mr. Chairman, one more thing, if you'll allow me? Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. Since we're talking -- since we're discussing finance, I just want to ask, so I don't have to go to the City Manager's office tomorrow and say, Carlos, (comment in Spanish) -- in other words, Carlos, until when? I stated thatl had only two employees. However, it's been hitting my budget, my account, and paying for three, four, five different employees. I still -- it still has not been addressed. No one has come to my office to speak to me about it. I still have not gotten the last ledger with regards to the last payroll. I mean, what do I need to do, go to the Manager's office again and say, Carlos (comments in Spanish) ? Mr. Spring: Commissioner, the journal entries will be processed. I know at the last Commission meeting, you presented in front of this entire board a check that you said was cut, that -- of a person that's not on your payroll. I know who that person was. It was former chief of staff of the district office. That check was that person's final payout check. It is -- it was properly processed to your office 'cause that's the office budget that it was attached to. So that -- I know you -- that item specifically -- the rest of the items of the individuals who were removed from your office reported to other departments and were functionally working to those other's offices. The -- well, those employees no longer work at the City ofMiami, but those items, those postings will be journal entry out of your department so it will not affect your budget. Vice Chair Carollo: Thank you. And all need is an explanation -- Mr. Spring: Right. Vice Chair Carollo: -- because the truth of the matter is, I still have not seen any financial records. I have not seen the ledger to see what hit my payroll account. All know is that a check appeared in my office of an employee that had not been working for I don't know how many months. Mr. Spring: Right. Vice Chair Carollo: Andl can tell you all those other employees that were hitting my account -- in other words, I was paying for -- they weren't working for me. Mr. Spring: Absolutely not. Vice Chair Carollo: You know, andl don't want to say they were ghost employees, but -- Mr. Spring: They weren't. Vice Chair Carollo: -- they weren't working in my office -- Mr. Spring: They weren't. Vice Chair Carollo: -- andl was paying for it. City ofMiami Page 138 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Spring: Yes, they were -- Vice Chair Carollo: So -- Mr. Spring: -- not in ghost -- just so everyone is clear, they're not ghost employees. They were the former staff of the office. They were put into temporary -- other temporary positions. Because of the costing change not being done properly, they continued to hit the office, but those expenses will be journal entry out of your department, and we will make sure -- so that you don't have to ask the Manager, we will make sure you get your full ledgers, we will provide you with copies of the journal entries as requested. And just so we're clear -- and we will get it done by Monday. Vice Chair Carollo: Thankyou. Mr. Spring: Fair? Vice Chair Carollo: And l just want to finish with this. Did it had [sic] to come do this where I had to wait an additional two weeks to come to Commission meeting and actually say all this? I mean, couldn't this have done -- been done somewhere in there, at least an e-mail, at least a phone call, or drop by my office or somehow, at least? Mr. Migoya: Mr. Chair. Chair Sarnoff Mr. Manager, you're recognized for the record. Mr. Migoya: Thankyou. Since I spoke to -- and I'd like to talk about the higher level, but I'll talk specifically to this. The person we had working on this, which is our Finance director, was hospitalized for about a week, which actually did delay the process. And even though she kept sending e-mails from the hospital andl kept telling her not to at late hours at night and to rest because of the issues that she has, so obviously we had some delay andl apologize for that. What we -- at the higher level, one of the things that we've had, not just with Commissioner Carollo's (UNINTELLIGIBLE), but throughout the (UNINTELLIGIBLE), we -- there's been a lot of delays of moving people when they've gone from one department to another. And one of the top priorities is to make sure that we have the people in the right department, and that's something -- actually, we started discussing this when I first joined the City, because if we're going to have proper projections for the budget on a departmental level, we have to have people costed in the proper departments. So Larry Springs [sic] is very correct, we have been working on this. We have had some delays. I'm happy to see that Diana Gomez is back at work and, more importantly, that she's doing better, so -- but again, we apologize. We'll get this ready for you. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: One more. Thank you, Mr. Chair. Just one more response to the reason why the two directors -- it has been brought to my attention -- are probably not here is because this is a blue page item that is normally heard in the afternoon, andl believe they were -- What was the message given? Was it --? Mr. Spring: We sent the -- I know that the actual directive -- after every Commission meeting, the Agenda Office prepares all of the Commission directives and they send them out to the responsible departments. I know that directive was sent out -- Commissioner Dunn: Yes. City of Miami Page 139 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Mr. Spring: -- specifically, so that's why I say they were -- Commissioner Dunn: That might be. I'm not -- Mr. Spring: Yeah. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: So then in other words, when this Commission ask for an entity to come before us and their auditors to come before us, then one of the Commissioners needs to put the item on the agenda in a blue -- in his blue pages or so forth 'cause if not, they just forget about us. Is that -- Mr. Spring: I don't -- Vice Chair Carollo: -- correct or --? Mr. Spring: -- want to speak on their half [sic], Commissioner. All want to say is every directive of this full Commission, as they come up, any verbal directive that this Commission gives, the Agenda Office puts it in a report and they send it out to the responsible responding departments to respond to that directive. Chair Sarnoff I think the simple answer -- Mr. Spring: Yeah. Chair Sarnoff -- to this -- andl think what Commissioner Dunn's trying to say is ordinarily, we reach our blue pages probably not before -- Commissioner Dunn: Yes. Chair Sarnoff -- 3 o'clock and -- Commissioner Dunn: Yeah. Chair Sarnoff -- more likely 5. Andl think they -- maybe they were governing their day accordingly. Tell you what, if they show up at -- they should be here no later than 3 o'clock, in my opinion. When they show up, let's get the comment on the record as to whatever reason. If there was a death in the family, if there was some valid issue, if there was some issue you don't think was valid, we'll give you 20 minutes to address them. You bring up a very fair, very accurate point -- Commissioner Dunn: Absolutely. Chair Sarnoff -- which is -- three agencies could be holding up this entire city, andl think your point is the later we bond, that could have a 10 to $20 million swing in cost of taxpayers simply because we couldn't bond a month earlier. Vice Chair Carollo: Exactly. And I'm staying on top of it. And again, I have to say am concerned. I keep saying it every -- it seems like every Commission meeting, I keep saying I'm concerned, I'm concerned. So with that said -- Chair Sarnoff Okay. City of Miami Page 140 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Vice Chair Carollo: -- we'll move on. Chair Sarnoff All right. Mr. Manager, this is the only place I see myself of having this directive to you. To say thatl am frustrated with the budget committee would be the world's biggest understatement. I'm going to stay composed. I'm just going to say next Thursday, I'd like you to call for the first meeting of the budget task force. You put down any parameter you want. I was told previously that somebody actually went by car and handed each one of them, I was told, this much documents. Yesterday, I received e-mailsfrom two of them saying they have received this much documents. I don't care that they have them or don't have them. By the end of this 5 o'clock Commission, I'll hold you accountable if they don't have whatever they need to start looking at the finances of the City. Mr. Migoya: Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: Next Thursday's fine to be able to set up that kind of a meeting. Mr. Springs [sic] andl have been working on an agenda specifically for that organizational meeting. And frankly, they have received -- many of them have received -- I don't know the two specific, and we'll find out from Mr. Springs [sic] as to the two that didn't. But ifI were sitting in that committee and you gave me a stack of papers like that, I know what would say, and it would not be that I'd be reading every one of them. There's -- Chair Sarnoff Luckily, they're not you. Mr. Migoya: Right. But there's a lot more -- there's a lot better ways to use that committee. I think just with the situation we're in right now and the actions that we're trying to take, this is the right moment to have those meetings. Well make sure that those two get the same amount of information that everybody else did by today or -- and we will have the organizational agenda given to both you and the Mayor by the end of tomorrow, at the latest, so that we can prepare and have -- and make sure that we schedule the meeting for Thursday. Chair Sarnoff And my last comment, it does not need to be addressed by either one of them, but anyone who's been involved in this process knows that there is some issue between the Clerk and the City Attorney over the person in charge of getting information to this committee. I don't care to hear we did something right, andl don't care to hear we did something wrong. This Commission passed a resolution. All care is that some person with a pulse and a heartbeat take the care that these people are going to put in giving their recommendations to us as a budget committee taskforce to tell us how they think. We may adopt it. We may not adopt what they say. We may adopt some of what they say. I don't want to hear about any infighting. I don't want to hear we did this wrong. I don't want to hear we did this right. I think the intention of this politic body was to get help and aid from people who -- I know that we put very respected people -- Commissioner Gort: Yeah. Chair Sarnoff -- on that budget taskforce. Andl would hope that you could intercede and make sure whoever has a constitutional, nonconstitutional, ordinance, nonordinance, resolution, nonresolution, call it what you want, issue, that it be resolved internally, and that this board gets support. Mr. Migoya: We will. Chair Sarnoff Thank you. City of Miami Page 141 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II D5.1 10-00359 DISCUSSION ITEM DISCUSSION REGARDING IMPROVING THE JUVENILE CURFEW LAWS TO CURB VIOLENCE IN DISTRICT 5. 10-00359 Email.pdf 10-00359-Submittal-Article XIII.-Juvenile Curfew Program.pdf DISCUSSED Chair Sarnoff I think Commissioner Dunn has a time sensitive issue with his District 5 page item. It's D5.1, gentlemen. It is on page 47 of your agenda. Commissioner Dunn, you are now recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. Thank you, fellow Commissioners. As many of you know, publicly there's been a great deal of concern about the violence that has been occurring in the City and particularly in District 5. And we have been bombarded in terms of what are we going to do in terms of responding to the violence. One of the things that we were able to do -- andl want compliment the City Attorney for helping me in this -- was to implement a teen curfew. And you should have some information in front of you now regarding the teen curfew. This was an ordinance that was actually introduced via County, Miami -Dade County, I believe in 1994. It was up and down between '96 and '98 because it was challenged, but finally there was an ordinance that was acceptable. And some of the agreements in the ordinance that we will support is, of course, the time being -from 6 a -- 11 a.m. --11 p.m. -- pardon me -- to 6 a.m., Monday through Thursday, and 12 a.m. to 6 a.m., Friday through Sunday. This also will address the concern about the proliferation of teen clubs. There's been a lot of violence in and around the teen clubs in our district. And so this ordinance will address that. Because any establishment that harbors -- or knowingly harbors individuals who fit in that 17 year -old and under category will be penalized and fined and could possibly -- after a number of violations, we could look at possibly pulling their certificate of use to operate. And it is a successful model. It's been on the books, as I was stating, but it has not been enforced. I've had the pleasure of working with ChiefExposito, and I'm going to yield to him. We are planning to enforce this ordinance, starting May 1. Prior to doing so, we want to have a series ofPSAs (Public Service Announcements), we want to do some community education and information. I know, Pat, you had talked about this, and so I don't want to take 100 percent credit for it. But we want to alert the parents, the community about what will take place. Andl do want to say before the chief comes up, as a matter of record, I've been pleasantly surprised, but know that we still have a lot of work to do, but in fact, the crime rate is down. If you would listen to the media and listen to -- and read, you would perhaps thinks [sic] that, you know, we're under siege. Granted, any life being lost is too many, so we understand that. But at the same time, I do want to commend what the City of Miami police is doing. In addition to that, we will be doing some other things they'll be working with. And I'll just yield to the chief he is the law enforcement expert, ifI may? Chair Sarnoff Absolutely. Have colloquy. City of Miami Page 142 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chief Miguel Exposito: Good morning, Mr. Chairman, Commissioners. Miguel Exposito, chief of Police. Commissioner, in response to this issue, you are correct, this ordinance has been in effect for a while. It hadn't been enforced previously, and we have every intent of starting to enforce this ordinance. We are going to start doing that on May 1, and we are working with the news media to make sure that we get the word out so that the parents and the children involved get the word that we are going to start enforcing this ordinance. When it was being enforced in the past, we did notice that there was a slight decrease of -- in crime, particularly those crimes that are traditionally been committed by juveniles. Chair Sarnoff Chief can I just say something? Commissioner Dunn: Sure. Of course. Chair Sarnoff First of all, my absolute -- I always thought this ordinance was in existence, and I thought it was a dominant ordinance that nobody enforced. My absolute hat's off to you. To me the definition of insanity is repeatedly doing the same thing time in and time out and expecting a different result; so do nothing, you expect a different result? Commissioner Dunn: It's not going to happen. Chair Sarnoff Yeah. I mean, I read the paper like you do. I'm not on the street like you. I don't pretend to be in your neighborhood. I don't pretend to understand your neighborhood to the extent that you do. But sit there in just sheer amazement at how there's no solutions and not even anybody having a clear vision of any kind of discussion, and now we have a Commissioner on this dais that says, may not be right; it may not be wrong, but I'm going to try something. And let me throw in some other things you might want to speak about. One of them is my blue page item, which is the Nuisance Abatement Board. If we reinstate the Nuisance Abatement Board, you have another -- Commissioner Gort: Tool. Chair Sarnoff -- bow in your quiver, I think is the right expression, to turn around and close down an establishment that either promotes underage drinking or -- well, promotes underage drinking. Andl think something else we can do, too, and I'm beginning to see this. We have a huge profound underage drinking problem in the Grove. Maybe the time has come for us to ask bars to voluntarily not allow people under 21 years old to be allowed in a bar. How you can monitor who's got a wristband on, who doesn't have a wristband on, who change wristbands, we all know it's a wink and a nod and it's not really happening. So I just want you to know, Commissioner Dunn, anything District 2 can do, my hat is completely off to you. You're going to be criticized. You're going to be critiqued. Trust me, I'm the one that probably gets criticized mostly for things like this, but at least you are breaking the definition of insanity. Commissioner Dunn: Thankyou. Thankyou, Mr. Chair. And I'll be honest with you, I was motivated by your alcohol ordinance in the Grove, as you noted from last meeting. This is something that kind of -- was going along simultaneously, and one of the things that I'm prepared to say -- and it's not a popular stance -- is that we've got to, as community, parents, adults, guardians, leaders, et cetera, to tell our young people that they have to take responsibility for their actions. The chief also informed me that 90 percent -- approximately 90 percent of the crimes, the violent crimes that are occurring in our districts are drug related. So if you're involved in drugs, it's a few options that will be left to you: 1) you're probably going to get shot; 2), you may get killed; and 3), you're going to end up going to jail. And somebody has to say that. And I'm prepared to say it. I don't say that insensitively to people who have lost children, relatives in that. I don't say that to innocent bystanders, but we have to stop making excuses for doing wrong. If you do wrong, there's a -- pardon me for being biblical. In life, whether it be City of Miami Page 143 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 me, you, or any of us, you reap what you sow. And in many times, some of these things that are happening, most of them are a result of the line of work that you're in. It comes with the territory and somebody has to say that. And I'm --I know it's not popular. I know I'm probably going to - - there's going to be a public lashing, I'm sure. So be it. Chair Sarnoff Well, I think you're going to meet the ACLU (Americans Civil Liberties Union). Commissioner Dunn: Well, it's already -- this ordinance has already been tested by -- Chair Sarnoff Oh, has it? Okay. Commissioner Dunn: -- that's why -- that's one of the reasons that -- I wanted to make it stricter because -- and I'll get off this soapbox, but you know I'm passionate about this. You know, when I was a child -- andl know people are like, oh , when you were a child -- at 9 o'clock -- Commissioner Gort: Not too long ago. Commissioner Dunn: I wish. When I woke up this morning, I knew it was a little time. When I was a child, at 9 o'clock, my father would make us turn the TVs (Televisions) off. We couldn't get on the -- we would sneak and try to use the telephone, but -- and that was inside the house. With the FCAT (Florida Comprehensive Achievement Test) and all of these challenges that our young people are facing educationally, it absolutely, positively makes no sense to be out past 11 o'clock on a school night. It's no justification for it, unless it's a school -- and the ordinance will say that. There are some things in the ordinance that I want to -- I mean, I won't talk about today, but they -- if it's a school -sponsored event, a church event, something -- if a youth is accompanied by a parent, a guardian, an adult, someone who's responsible, that -- if they're doing an emergency, if they're going to the store and the parent, you know, ask them to take up -- pick up something in case of emergency, those are exceptions, but just to be hanging out during the weekdays and past 12 o'clock -- I try to get inside by 12 o'clock because I know the streets can be very dangerous. Chair Sarnoff Commissioner Gort. Commissioner Gort: My question is, this has been an ordinance that passed about three years ago, and it's never been enforced. Are you only going to be enforcing it --? Because I think this is a great tool for the police officer to stop crime. I have certain areas within my district, which you have been very helpful, andl want to thank you and the police officer, they're doing a tremendous job, but this is something you can use in other districts. ChiefExposito: Yes. And that's one thingl wanted to add was that we will be enforcing this equally in all areas of the City ofMiami, and want to make sure that that message gets out loud and clear. Commissioner Gort: Okay. Thank you. Chair Sarnoff Commissioner Dunn, can I take this -- Commissioner Dunn: Sure. Chair Sarnoff -- one more direction? Chief I know you've been watching my e-mails (electronic), andl apologize, but what we're doing is -- I have a premise. It comesfrom -- I'll say an up popular guy -- former Chief Frank Fernandez. And his premise was, which I think he's right, we all hear Tallahassee and all hear how the elected officials up there have what they call the three -strike rule, and you go to prison for a long, long time, but forgive me, chief in order to get a strike, you got to get up to bat. And what I mean by that is you will watch many of the City ofMiami Page 144 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 criminal judges do CFTS, which says Credit For Time Served, withhold adjudication. Andl may have said this on the dais before, but were looking at people 60, 70 times arrested. This is a situation -- and chief stop me when I'm wrong -- really, a unique Miami -Dade issue. When you go to Broward, I think the number goes down to 30. When you go to Palm Beach, the number goes down to 15. And by the way, these are just estimates. And trust me, when you get north of Palm Beach, as they say, after the chewing tobacco gets spit, you're going to prison, son. It's unique to us because judges are giving credit for time served or withhold adjudication, which, correct me if I'm wrong, Madam City Attorney, it's no strike. There's no record of activity of an adjudication. So while all the Tallahassee folks go, I just passed some tough laws that says these guys are going to prison and they're going to see prison time, not that we're getting around it, but we're not getting the adjudications, they're not getting the scorecards equally, which will score them higher so people are not going to prison. Now, the issue may very well be there's no prison space available, andl should be using the word jail because prison means 365 days or more. Jail means 364, andl think that's the one on Northwest 12th Street. We can get into why is it they do and don't do that. I've asked you to follow, I think, three individuals now, and for those ofyou that don't know this. We had somebody steal some Performing Arts Center poles, the very expensive German -looking poles out of the Performing Arts Center. We have a photograph -- we have a movie of the person stealing that pole. We had people stealing copper wire from those poles. And we just had somebody in the Grove, who, you did a great job, by the way -- I guess you get credit for everything 'cause you'll get the criticism for anything else. ChiefExposito: Exactly. Chair Sarnoff But a guy who has had over 60 robberies or -- the number was -- I think the number was very high, and you now have two guys who have been stealing cars and things out of cars in the Grove in jail right now. I've asked them to follow them just to give us an indication what are their previous records, how will the criminal jusfice system treat them, andl think the judges need to know that we're starting to follow this. I'm not necessarily criticizing the judge, Commissioner Dunn. I'm trying to find out if we don't have enough jail space, then why don't we create an alternate scenario of housing these prisoners. And yeah, I'll be the first guy on the dais to say this -- andl'll be criticized substantially, but what the heck; I don't know mind -- why not a tent city? They do it in New Orleans, they do it in Arizona. IfI was going to be in a tent, of all the places, I'd do it in Miami. I would think it'd be most constitutional here. I'm not suggesting the citizens go out and spend $400 million on a new prison -- jail, excuse me, which, I've heard people say. I'm suggesting why don't we do a cost-effective means and manner of housing people and giving them some real jail time, whether it's 30 days, 60 days, 90 days, but correct me if I'm wrong -- andl'll let you speak -- oftentimes, by the time your officers do their arrest report, these guys are already out of prison -- jail, excuse me. Chief Exposito: Well, Mr. Chairman, I know you're very passionate about this, and at your urging, we've been following the histories of some of these individuals and how they're being treated by the court system, and you are correct, it's been a revolving door. It's frustrating for us because we keep arresting the same people over and over again when we're fortunate enough to arrest them. In some cases, we don't see them committing the crime and we cannot make that arrest. But it is frustrating because we continue to see that, and I'm hoping that once we get done with these studies, and it becomes a public -- something that the public can see for themselves that we might be able to do something about it. But it is frustrating to our officers, who are constantly out there arresting these same individuals. Andl get the complaints from the citizens because they're the ones that are the victims. They're the ones that their vehicles are being broken into. As Commissioner Dunn mentioned earlier, persons crimes are down quite a bit in the City ofMiami, which we're very happy about because we certainly don't want to see anybody get hurt. But the number -one crime that I get the most complaints on, and it's becoming a really nuisance to us, is the breaking in vehicles, and that's what these guys are doing. They're all -- they need to support their drug habit, and they break into the cars to steal their GPS (Global Positional Satellite, or if they see a cell phone lying on a seat or a purse or anything, City ofMiami Page 145 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 they'll steal just about anything. We've had individuals that, they were stealing Sun Pass, you know, and everybody's got one of those in their car. So, you know, we're behind you on that -- in that effort for sure. Chair Sarnoff you know -- and Commissioner Dunn, and the last -- I apologize, but -- Commissioner Dunn: It's okay. Chair Sarnoff -- the last -- there's an irony in the City of Miami, and Commissioner Gonzalez was pretty good about this. Every person arrested -- I know I'm going a little overboard -- 80 percent, maybe more than 80, but let's just say 80 percent of the people arrested come to Northwest 12th Avenue -- Commissioner Gort: You're right. Chair Sarnoff -- and they're let out at -- Commissioner Gort: Right there. Chair Sarnoff -- 2 o'clock in the afternoon, and you can almost watch the broken windows on their way home. They're let out with nothing in their pocket -- and I'm not suggesting they should have something in their pocket, but then we question -- you could arrest somebody in Aventura, you could arrest somebody south, you could arrest somebody west, guess where they come through? City ofMiami. Guess where they're going back to? They're going home. Commissioner Gort: District 1. Chair Sarnoff Exactly, your district. Commissioner Gort: Yeah. ChiefExposito: Yeah. Chair Sarnoff Exactly. ChiefExposito: AndAllapattah is one of the areas that we get a lot of spike in crime because of that. These are people-- transients are going through there as they -- they're released from jail, so -- and we're aware of that, an that's why we put a special emphasis in that area. Chair Sarnoff I apologize, Commissioner Dunn. Commissioner Dunn: That's okay. No. One of the -- go ahead. You were going to say something, Commissioner? Go ahead. Commissioner Gort: Well, this is something that we've been dealing for a long time, and you're right, anybody gets picked up is taken to 12th Avenue, they're let go there. Anybody that goes to Jackson, it's the same thing, and this is a problem that we have to work with. At the same time, all those items are being stolen, they're being bought by someone. Andl think we really have -- need to go after them, too. ChiefExposito: Yes. And we have -- Commissioner Gort: And know you're doing a good job in there. Chief Expositor -- been doing that. We have been doing that, trying to identifi, where -- who's City ofMiami Page 146 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 fencing these items, and we have made some arrests. And we want to continue to make those arrests because if they don't have anyone to sell them to, they might not be out there stealing them. Commissioner Gort: Thank you. Sorry. Commissioner Dunn: Mr. Chair, one last thing believe I need to put on the record. Since I'm going to take a hit for it, I might as well take a hit for what is truthful. This will not be punitive to the juvenile that will be -- and it will not be designed to create them getting caught up in the criminal justice system or the penal system, I should say. However, there's a three -strike -- if a person becomes a three -time offender, then it can lead to a misdemeanor. Andl know why some may have some issues with that, but I support that because if this ordinance does not -- and it does -- have any teeth, then what's the point of even trying to enforce it? So we need to have some teeth to it. Could you --? One last point, andl -- where will the teenagers or juveniles be taken if they are apprehended in violation of the curfew? Chief Exposito: Well, we will be -- Commissioner Dunn: How would that be handled? First-time offender. Chief Exposito: Right. We will be taking them to the Juvenile Assessment Center, which is near our police station, and there they would be picked up by their parents. And that's where we would be able to keep track of how much times they've been repeat offenders. And as you've mentioned, the third time, then it becomes a misdemeanor. Commissioner Dunn: One last question, andl know we're not prepared to do that now. Could there be a possibility that there be some designated center or centers in the district -- I'm just -- you don't have to answer now -- that meets the criteria of having -- I know that -- just to give you example -- Georgia Ayers' program. I'm just giving you like an exam -- for instance. Could a center be probably designated as an official point at some point in addition to the JAC (Juvenile Assistance Center) or is the JAC the only place? I'm talking about in the future, not initially. ChiefExposito: The ordinance is pretty specific, andl would have to take a look at that, but I'm pretty sure that the JAC is our only alternative right now. Commissioner Dunn: Okay. Chief Exposito: Okay. Commissioner Dunn: All right. ChiefExposito: Thank you. Chair Sarnoff What -- -- so you're going to have a public relations sort of campaign to let the folks and moms and dads and guardians and leaders know that come May 1, 2010, if you're 17 years or younger, you're going to have a curfew that's going to be enforced in the City ofMiami? ChiefExposito: That's correct. Chair Sarnoff Madam City Attorney, this is not our ordinance; it's the County's. We can enforce the County ordinance? Julie O. Bru (City Attorney): Yeah. It specifically -- this ordinance specifically provides that it has countywide effect, so it can be enforced by our officers -- City ofMiami Page 147 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff Good. Ms. Bru: -- in our jurisdiction. Chair Sarnoff Okay. You -- you're out -- can you just tell us what your outreach program's going to look like, or how you're going to get the info out there? I mean, I would think the Herald would want to do something with you on this. Commissioner Dunn: Well, I've been in contact with several of the pastors, as well, the churches, I believe that they're prepared to do some of these kind of things. I know last Monday -- Monday before last, we had a crime prevention at Zion Hope Baptist Church with Dr. Mitchell, and they are talking about even a cease fire -- implementing a cease fire program. It's going to take what -- the position that I'm taking now, it's going to take a plethora of things to reduce or at least aggressively -- and I'll use the word -- attack the crime that's taking place. We're not going -- as you stated, if you do nothing, one thing for sure, you will get nothing. So we're just going to throw the kitchen sink at it and hopefully, something will change. I'm optimistic about it, andl want to thank the Police Department and the chief and the City Attorney staff for helping me with this. And I certainly thank you, Mr. Chairman and my colleagues, for your support. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort. Commissioner Gort: A suggestion, are you guys working with the school system because most of those kids are in the schools. So that's the best way to go through them. I mean, let the kids at school know. I mean, let the -- Chief Exposito: Yes. We're doing exactly that. Chief Blom (phonetic) here, who worked for the school system for a short time -- Commissioner Gort: Right. Chief Exposito: -- has reached out to his colleagues over there and -- Commissioner Gort: Right. ChiefExposito: -- they're on board with that. Chair Sarnoff I see the Miami Herald's here. I hope that they would be a little facilitous [sic] of at least getting the word out that there's a new sheriff in town, and on May 1, 2010, there's going to be some new rules enforced. Thankyou, chief. ChiefExposito: Thankyou. Commissioner Dunn: Thank you. END OF DISTRICT 5 City of Miami Page 148 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 NON -AGENDA ITEMS NA.1 10-00499 DISCUSSION ITEM DISCUSSION REGARDING PUBLIC CORRUPTION INVESTIGATIONS BY THE CITY OF MIAMI POLICE DEPARTMENTS PUBLIC CORRUPTION UNIT AND THE RESULTS OF THEIR INVESTIGATIONS. DISCUSSED Chair Sarnoff Mr. Mayor, you are recognized for the record. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. Members of the Commission, good afternoon, and thank you for having us. I know that you still have a long agenda, but I have asked your time to report to you what is the first step to end public corruption in the City of Miami. Today we had a press conference at Miami Police headquarters, and we had with us a special agent in charge of the FBI (Federal Bureau oflnvestigations), John Gillis, who worked with the Miami Police Department in one of the cases that we will show to you. But more important, we have a commitment from the Public Corruption Unit, recently created by Chief Exposito, of continuing these investigations to eliminate public corruption in the City ofMiami. This was our commitment to the people ofMiami, and today we have the first of what is to come several other results of investigations. This is not an [sic] scandal. This is not another black eye to the City ofMiami. This is the right thing to do, to go after the peoples that exploit the employees or take the people's money. I would like to present to you ChiefMiguel Exposito, who will give you a full report of the persons that were and are being arrested and the charges that were made. As a result of those criminal investigations, the City Manager this afternoon took action and has made some decisions with supervisors and department directors of the City of Miami. Some people may say the City is in turmoil. That's not the case. On the contrary, the City is on its way to be the cleanest city in the city -- in South Florida and hopefully in the United States. Some people may say it's shock therapy, but shock therapy saves lives. And there is a sense in many employees that there was a culture of corruption in the City and this is the first step to eliminate that culture. So I'll give you Chief Miguel Exposito. Chair Sarnoff Chief you're recognized for the record. Chief Miguel Exposito (Police Department): Thank you, Mr. Chairman. I'm going to be talking about several cases here, and the reason why I'm going to mention even the ones that do not involve City employees is because some of these organizations receive monies from the City of Miami as well as other governments. It's not only the City ofMiami. If you would allow me, I would like to read a prepared speech so that can cover all the bases, and then, if you have any questions, I'll gladly answer them for you. In November, when I took over the reins of the Miami Police Department, I made a commitment to this community that I would bring transparency in the way we do business. The first step in fulfilling this promise was the creation of the Public Corruption Unit, a short two months ago, as a component of the Internal Affairs Section. In an effort to address issues of corruption within departments of the City ofMiami and external nonprofit organizations that receive funds from the City ofMiami, the Internal Affairs Section has been working together with our law enforcement partners at the federal and state levels. Today, in keeping true to our previous commitment, we announce the arrest offour City employees, and the arrest offour members of external nonprofit organizations receiving funds from the City. In short order, I will be identiing these individuals by name andl will cite the charges pending against them. But first, I must emphasize that with these rare exceptions, we have loyal, honest, and hardworking employees in the City ofMiami, many of whom have provided vital information that led to some of these arrests or who are currently assisting us in cases that we are actively working. For that, I thank them. In conducting our inquiries, there has been a recurring theme: the employees that have stepped forward to report wrongdoing have City ofMiami Page 149 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 expressed to us that in doing so, they now feel that there's an Administration in place that welcomes their input, where in the past they have been victims of retaliatory, punitive action, which includes termination or they have simply been shunned for speaking out. We encourage all employees having additional information on these and any other cases to contact the Internal Affairs Section of the Miami Police Department and provide us with their assistance. Now getting into the investigations, the first case involves Alex Martinez, the deputy director of GSA (General Services Administration), a 24-year employee of the City, who is charged with official misconduct and theft. And basically, Mr. Martinez is accused of utilizing City equipment, materials, and employees under his command while either on duty or on an overtime basis to make improvements to his private home and the homes of his relatives. The second case involves the arrest of Laura R. Gonzalez, the president of Vecinos en Accion, and Fernando Gonzalez, her husband and treasurer for the nonprofit organization, who both have been charged with a scheme to defraud and theft. Vecinos en Accion is an organization that receives funding from several governmental sources, including the City ofMiami, whereby offenders can complete community service hours in exchange for receiving lighter sentences. The third case involves the arrest of Johnnie Brown and Vincent Cobham, intake counselors of the Alternative Program, whom have been charged with a scheme to defraud and theft. The Alternative Program is a nonprofit organization that receives funding from several governmental sources, including the City ofMiami, whereby arrestees must be monitored by this program while awaiting a court appearance. Failure to report as mandated by the courts would result in a violation of the agreement. Mr. Cobham is the grandson of Georgia Jones -Ayers, the founder of that program. In these two cases, we had -- in one case we had an -- undercover officers that went in posing as people that were being sent there by the courts, and they actually paid so as not having to do their community service hours. And in return, fraudulent paperwork was done saying that they had completed the program, and that they had appeared there as they were supposed to and they were ordered by the courts. In the other case, we had an informant that actually went in there and did the same thing. He paid to receive fraudulent paperwork that would be presented to the court that they've gone ahead and they've completed the program. The fourth case involves the arrest of Officers Daniel Fernandez, a 16-year veteran of the Miami Police Department, and David Valentin, an 8-year veteran. Officer Fernandez is charged with official misconduct and theft. Officer Valentin is charged with official misconduct, theft, and perjury. Basically, what these officers did is they had a private business going where they were managing properties, and they orchestrated a false arrest on an individual that was occupying the properties. They actually evicted him as well and all the properties belonging to this individual, which was expensive furniture, televisions, and the like were taken by people coming by the street, and this was all orchestrated by these two officers. The fifth case involves a collaborative investigative effort between the Miami Police Department's Internal Affairs Section, the FBI Public Corruption Unit, and the US (United States) Attorney's Office. Officer Christian Alvarez -Vega, a 12year veteran of the Miami Police Department, is facing federal charges of depriving an individual of his or her civil rights while acting under the color of law and possessing and using without unlawful [sic] authority a means of identification of that same person. With the aforementioned arrests, we send a strong message to City employees and the community at large that corruption will not be tolerated in the City ofMiami. In closing, we are continuing to investigate dozens of allegations of corruption. We are working closely with the FBI Public Corruption Unit, the US Attorney's Office, and other law enforcement agencies to bring closure to those cases. If there's any questions from the Commission. Chair Sarnoff Reverend -- I'm sorry. Commissioner Dunn. Commissioner Dunn: If you are at liberty, chief just -- and I'm not concerned about particulars -- in the -- I guess the proper word is in the alleged pay scheme for exchange of -- what was the amount of dollars -- can you -- are you privy to share that with us or no? Chief Exposito: It was over $400. I believe it was -- the exact amount was $450. City ofMiami Page 150 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Commissioner Dunn: Each time or the total? ChiefExposito: No, in total. Commissioner Dunn: But that's still -- ChiefExposito: Total. Commissioner Dunn: I mean, it's wrong. ChiefExposito: Right. Commissioner Dunn: Okay. All right. ChiefExposito: And I think the money part is bad, but I think that -- Commissioner Dunn: The principle. Chief Expositor -- you know, these organizations, they're there for a reason. Commissioner Dunn: Yeah, principle. ChiefExposito: Andl think that goes along with what the Chairman of the Commission was saying this morning, how we put people in these programs and release them to our community to do community service hours, when in fact they may not be doing them because of these organizations. I think -- and that's important. Commissioner Dunn: Yeah. Chief Expositor And we certainly should be thinking about it carefully before we provide these organizations with any funding by the City. Chair Sarnoff Commissioner Gort. Commissioner Gort: Question. Those individuals supposed to do work according to the court. Not only they're arrested by the -- I mean, the individual providing the false statement, but the other persons that's supposed to comply with the court order, they're also arrested? ChiefExposito: Exactly. Commissioner Gort: Okay. Mayor Regalado: Thank you, chief. Mr. Chairman -- Chair Sarnoff Yes, sir, Mr. Mayor. Mayor Regalado: -- members of the Commission, as a follow-up to the criminal investigation, the City Manager today has taken some actions that will reflect on different departments of the City ofMiami and he's also here to report to you. Chair Sarnoff So who do we think he looks like? Carlos A. Migoya (City Manager): Please. It's been a long day. Mr. Chairman, Commissioners, as part of the investigations that the Police Department has been doing and continue to do and frankly, on behalf of the Internal Affairs Department, has done a marvelous City ofMiami Page 151 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 job with a lot of these investigations, we have found several different control issues or lack of control in departments. These lack of controls have meant that several supervisors or directors or department heads or a combination of have basically allowed things to happen underneath them without their supervision or at least -- or knowledge or at least that's the way it looks at this point in time. Based on that, we have eliminated today several directors/supervisors. The head of GSA, a project manager in CIP (Capital Improvements Program), the head of CIP, the chief engineer of Public Works, and the assistant City manager in charge of infrastructure. There may be one or two others we will be dealing with in the next week to two weeks as we do some of these investigations around this. These investigations continue to happen. As you may recall as part of our previous conversations, we have hired KPMG (Klynveld, Peat, Marwick, Goerdeler) to do some work around the transfers and understanding how the projects were related back to the cash. We're also hiring another financial group that we have yet to finalize so I'd rather not disclose at this point, who will actually, and through our chief financial officer Larry Springs [sic], will go into the projects and correlate from the approval of the Commission each specific project and how the projects were funded and how they were paid, et cetera, over the last three to five years so that we understand exactly what's happened. The issues that we have here -- and I know Mayor Regalado has said this as far as the campaign and it's starting to get a little boring sometimes when we keep talking about it, transparency, but it is an issue of transparency. It's an issue about integrity, and more importantly or equally important, it's about accountability. So what we are doing is really understanding exactly what we have here, and it looks like we may have a shell game where some funds may have been approved for certain projects and used for other projects without approval of Commission or the right approval levels. So as we do these investigations, which will take a while, we will have a better understanding of that. Now having said that, I have hired a new assistant City manager in the head of infrastructure who will start on April 19. He's accepted the job. He's resigned from his present job, so I'm at liberty to say right now in public. His name is Johnny Martinez. He's the director of Capital Improvement Projects for -- Chair Sarnoff The County. Mr. Migoya: -- Miami -Dade County who -- and he used to be with the FDOT (Florida Department of Transportation), a very, very experienced engineer who's very excited. He's so excited he called me at 7 o'clock this morning and since I hadn't called him by 8 -- I called him at 8: 05, he was worriedl wasn't calling him back. I said, you know, 8: 05 is okay to call you back. But bottom line is he's very excited to get here. As part of him coming, he andl are working on candidates to replace some of these positions as we -- and really look at the organizational structure of those departments to make sure that as we go forward we have the appropriate controls on both the finance side as well as the operational side to make sure that everything is ship tight. Chair Sarnoff You know, what, I like to say to both of you, I think on behalf of the Commission, if there needs to be surgery, you know, perform the surgery. And chief I hope the next time any of these agencies come up for a funding request, you would kick us in the pants and remind us that maybe that is not the best use of taxpayer money for any agency that you even suspect to be -- you know, we don't need to rise to the level of criminal activity. What we need to rise to the level of is this the best use of taxpayer money. So my hat's off to you, chief on whoever you have investigating, and City Manager and to the Mayor for having the fortitude of doing a very difficult task and a very -- not only difficult, but it's -- I don't want to say it's -- it goes to the core of humanity when people who you trust -- I mean, we're not talking about low-level positions. We're talking about the highest level positions in this City, and to lose that trust is to come to work and say to yourself, well, I wonder how we're wasting money today? And if you could turn that corner for us, like I said, the Titanic will continue to turn. Thank you. Mayor Regalado: And Mr. Chairman, in conclusion -- City of Miami Page 152 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 Chair Sarnoff We'll give the Mayor another -- one minute. Mayor Regalado: No. I just wanted to again thank Chief Exposito for creating that department, Mayor Alvarez for running that department, the Public Corruption Unit, and for engaging many employees that wanted to do the right thing. And they are coming forward. There are many, many, many good employees that were fed up. Nobody will listen to them. Andl have in the few month [sic] in the second floor and I have seen that many of them are really interested in the City and they want the City to succeed. Some people will say, well, you know, Miami cannot get enough scandals. Like you said, this is surgery. This is not another scandal. This is not happened just by chance. We planned this. Police investigated. The allegations were investigated, and we are -- I think that we are, in a way, almost in the future, if we continue this path, able to regain the public trust. When we do that, then we will be able to govern better the City of Miami. So thank you for your support. Thank you for your transparency that this Commission has and the support to Manager, the chief of Police, myself, because you represent all the people ofMiami. Thank you, sir. Chair Sarnoff Mr. Mayor, I want to congratulate you. This is the first investigation I remember where all Commissioners are still standing. Mayor Regalado: Exactly. Chair Sarnoff All right. Gentlemen, I don't know how you feel about this, but it is not an arduous agenda for April 25 [sic]. If you'd like, we can put the board appointments off 'til then. We could do the district page issues at that time, and I'll try to cull mine down. Commissioner Gort: We have some zoning items. Commissioner Dunn: That works. Chair Sarnoff I thought we're done with the zoning items, aren't we? Commissioner Gort: We're done? Priscilla A. Thompson (City Clerk): Yes. Chair Sarnoff Yeah. I think we finished zoning. Ms. Thompson: Yes. Chair Sarnoff So it would just be board appointments and it would be district page issues, andl think I'm -- I think we got through -- Commissioner Dunn: You got -- Chair Sarnoff Okay. All right. So motion to adjourn? Commissioner Dunn: So moved. Commissioner Suarez: I second the motion. Chair Sarnoff And Madam Clerk, we will -- we'll push everything to the next agenda. Ms. Thompson: That's correct. Chair Sarnoff We have a motion, and we have a second. All in favor, please say "aye." City ofMiami Page 153 Printed on 4/23/2010 City Commission Meeting Minutes April 8, 2010 The Commission (Collectively): Aye. Adjournment A motion was made by Commissioner Dunn, seconded by Commissioner Suarez, and was passed unanimously, to adjourn today's meeting. City of Miami Page 154 Printed on 4/23/2010