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HomeMy WebLinkAboutCC 2010-04-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, April 22, 2010 9:00 AM PLANNING & ZONING 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 II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 22, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 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 22nd day ofApril 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 9:34 a.m, recessed at 12: 27 p.m., reconvened at 2: 34 p.m., recessed at 4: 39 p.m., reconvened at 5: 06 p.m., and adjourned at 7: 07 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos Migoya, City Manager Pamela L. Latimore, Assistant City Clerk Chair Sarnoff Want to welcome everybody to the April 22, 2010 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Vice Chair Frank Carollo, Francis Suarez, Wifredo Gort, Commissioner Reverend Dunn, and myself Marc David Sarnoff, the Chair. Also on the dais are Carlos A. Migoya, the City Manager, Julie O. Bru, the City Attorney, and Pamela Latimore, the assistant City Clerk, who will be guiding us for a number of meetings. The meeting will be opened with a prayer by Commissioner Dunn. The pledge of allegiance will be held by Commissioner Suarez. And if you would all join me, let's start with the prayer. Commissioner Dunn: Before we proceed with the invocation, I want to ask that we bow our heads in a moment of silent mediation for Pablo and his family. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00506 PRESENTATION Honoree Fire Chief Joseph R. Fernandez Arbor Day Tree Planting in Flagami Liberty City Trust Board Members Gail Birks Patricia Duncan Zarifa Brown Reynolds Presenter Mayor Regalado Commissioner Suarez & Mayor Regalado Commissioner Dunn 10-00506 Protocol.pdf PRESENTED Protocol Item Certificate of Appreciation Proclamation Certificates of Appreciation 1. Mayor Regalado paid tribute to Nino Pernetti and Leslie Eisenberg for their humanitarian contributions in reducing the pain and suffering of an international visitor wounded while visiting the City ofMiami. 2. Mayor Regalado presented a Certificate ofAppreciation to Assistant Fire Chief Joseph R. Fernandez in recognition of his twenty-five years of service and dedication in Fire -Rescue, and City ofMiami Page 3 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 applauded his commitment to quality of life issues during his service to the people ofMiami. 3. Commissioner Suarez presented a Proclamation in honor ofArbor Day Miami 2010, whereby the National Arbor Day Foundation has designated the City ofMiami for the third consecutive year as Tree City USA, confirming the significance of the City's implementation of the Green Miami Campaign that encourages neighborhood groups and individuals to plant frees and improve the urban canopy and supports the City's goal of increasing its free canopy by 30% within the next 10 years. Chair Sarnoff At this time, we will make proclamations and presentations and we will recognize our Mayor, Mayor Tomas Regalado. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. Presentations made. [Later..] Chair Sarnoff (INAUDIBLE) that he'd like to present. Mr. Mayor, you're recognized for the record. Mayor Regalado: Thank you, Mr. Chairman. Presentation made. [Later..] Chair Sarnoff All right, what we're going to do is, Commissioner Carollo has requested any children who have come for -- Vice Chair Carollo: In the afternoon. Chair Sarnoff What was the day again, it's Bring Your Kids to --? Vice Chair Carollo: Bring Your Kids to Work Day. Chair Sarnoff Bring Your Kids to Work Day. If there's any children in the building that want to get photographed up here, have them come up. I don't know. I don't know what day it is. Presentation made. MAYORAL VETOES NO MAYORAL VETOES Chair Sarnoff Before that, Madam Clerk, are there any mayoral vetoes? Pamela L. Latimore (Assistant City Clerk): There are none. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Carollo, 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 4 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Pamela L. Latimore (Assistant City Clerk): Chair. Chair Sarnoff Yes, ma'am. Ms. Latimore: Your minutes. Chair Sarnoff Sorry? Ms. Latimore: Your minutes. Vice Chair Carollo: Minutes. Commissioner Gort: Motion, the minutes. Chair Sarnoff Oh, I am sorry. I didn't see that. Is there a motion to approve the minutes? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Gort -- Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Mr. Manager, do you wish to present PH (Public Hearing) --? Ms. Latimore: Chair. Chair Sarnoff What'd I miss? Ms. Latimore: You need to state on the record that it was approved for both agendas. Chair Sarnoff Oh, I apologize. The -- we did the minutes for both agendas? Okay. Just for the record, those are both agenda meetings -- minutes. Mr. -- Vice Chair Carollo: Is that sufficient? Chair Sarnoff Go ahead. Vice Chair Carollo: For the meeting of March 25 and supplemental agenda for the meeting of March 25 also. Chair Sarnoff Right, the same day, but we had a supplemental agenda. Vice Chair Carollo: Correct. Chair Sarnoff Okay. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff All right. Madam City Attorney, we'll now begin the regular meeting. You'll state the procedures to be followed during this meeting. Julie O. Bru, you're recognized. City ofMiami Page 5 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Julie O. Bru (City Attorney): Thank you, Mr. Chair. Good morning, members of the Commission, Mr. Mayor, Mr. Manager, Madam City Clerk, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within ten calendar days of the Commission action. The Commission may override the veto by a four fifth vote. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noisemaking devices are allowed. Silence them now. Any person making offensive remarks or who gets unruly will be barred from further attending Commission meetings. Persons with disabilities or who require any auxiliary aids, please ask the City Clerk for assistance. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. Chair Sarnoff All right. Does the Administration wish to announce any items either being withdrawn, deferred, or substituted? Carlos A. Migoya (City Manager): None today, sir. Chair Sarnoff Okay. Do any of the Commissioners wish to have any items to be removed from the consent agenda or the regular agenda? All right. So therefore, we will move to the consent - - I'm sorry. [Later..] Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Before we break for lunch, I just want to see if we could set a time certain for the kids? I've seen a few walking around and so forth, but to make sure the photographer's here and so forth, maybe at 3 p.m. or --? Chair Sarnoff Let's do some scheduling, gentlemen, because -- let's be clear on when everybody needs to have some time off the dais. Commissioner Suarez, you were the first one to approach me. You need between 4 and 5? And Commissioner Carollo, you need --? Vice Chair Carollo: Six. Chair Sarnoff Six -- Vice Chair Carollo: Six to eight -thirty. Chair Sarnoff Six to eight -thirty. Vice Chair Carollo: I'll be back at 8:30. Chair Sarnoff Wow. And then we have a time certain -- look, folks, this is going to be a long agenda. With these -- Does every Commissioner wish to be on the dais for all rezoning issues? Vice Chair Carollo: If not, I will defer or -- Chair Sarnoff You'd ask for a deferral? City ofMiami Page 6 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: Yes, ahead of time. So in other words, after lunch we could discuss -- once we get into the PZ (Planning & Zoning) items, we could discuss it and so forth just in case. Chair Sarnoff Okay. All right, you know what? I don't know that there is a better way to schedule (UNINTELLIGIBLE) proceeding. Time certain -- we gave a time certain of 3: 30 for -- Vice Chair Carollo: For FR.1. Chair Sarnoff Yeah. You want to do a time certain of 3? Vice Chair Carollo: Three for, you know, any other kids and so forth that may be here and make sure the photographer's here. Chair Sarnoff All right, 3 o'clock time certain for the "Bring Your Kids to Work Day." And when do you want -- how long do you want for lunch, gentlemen? Hour and a half, an hour? Vice Chair Carollo: My lunch is going to be upstairs, you know, with the special committee of budgeting, so -- Chair Sarnoff Tell you what, why don't we come back at 2? Commissioner Dunn: Okay. Chair Sarnoff Two o'clock? Vice Chair Carollo: That's fine. Commissioner Dunn: Good. Vice Chair Carollo: Thank you, Mr. Chairman. CONSENT AGENDA CA.1 10-00409 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 5/US-1, FROM STATE ROAD 9A/I-95 TO SOUTH MIAMI AVENUE, MIAMI, FLORIDA. 10-00409 Legislation.pdf 10-00409 Exhibit.pdf 10-00409 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0167 CA.2 10-00408 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City ofMiami Page 7 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT REIMBURSEMENT FOR PRE -APPROVED OVERTIME COSTS AND OTHER EXPENSES INCURRED BY MEMBERS OF THE CITY OF MIAMI POLICE DEPARTMENT'S SPECIAL INVESTIGATIONS SECTION, ASSIGNED TO ASSIST THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, EFFECTIVE UNTIL SEPTEMBER 30, 2014; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT OF FUNDS. 10-00408 Legislation.pdf 10-00408 Exhibit.pdf 10-00408 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0168 Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 Let's move to the consent agenda, gentlemen. We do have a 10 o'clock time certain, PH 1, Earth Day presentation, but I think we can get through the consent agenda. Does anybody wish to make a motion to approve the consent agenda? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. City ofMiami Page 8 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 PH.1 10-00010 Department of Capital Improvements Program PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND 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 (4/5THS) 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 $165,912; 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. 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 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-10-0169 Chair Sarnoff Do you wish to present PH.1 now? Carlos A. Migoya (City Manager): Yes, sir. Chair Sarnoff Go ahead. Mr. Migoya: PH.1 is an item that we've had some history. Last July there was -- as you know, we're building the College of Police [sic] and we ordered furniture -- or the City ordered furniture without the proper approval for approximately a million -- a little over a million City ofMiami Page 9 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 dollars. Through that process, we asked our chief procurement officer, Glenn Marcos, to go and look and do the details of what those -- that furniture was. And I -- we have Glenn here. If we may, Mr. Chair, he'll give us a report on the actual procurement of the chairs -- of the furniture itself. Chair Sarnoff You're recognized. Glenn Marcos: Thank you, Mr. City Manager. Good morning, Commissioner. Glenn Marcos, Purchasing director. As the City Manager stated, before you is an item which is PH.1, which involves certain waivers that the Administration is seeking from the City Commission. In doing so, what the City Manager requested for me was to conduct pretty much a due diligence review on the furniture purchase for the College of Policing. What I can state for the record today is is that based upon our analysis, we verified the fact that close to 28 percent of the items that was purchased by Pirtle Consfruction was not under state contract. Roughly around 72 percent was under state contract and there was some competitive process that entailed -- that was entailed by Pirtle. Fortunate for the City, the actual furniture companies extended State of Florida pricing to Pirtle on roughly around 72 percent of the actual item. There are other line items that I ended up getting together with Mr. Jessie Brewer, the VP (Vice President) from Pirtle, and we came together and we decided to perhaps look into those line items, those line items we deemed questionable. As of today, I can report to the City Commission that Pirtle Consfruction has conceded to give back $178, 659.50 back to the City, so there's a reduction of roughly $179, 000 to the cost to the City. So as far as what's in front of you in the resolution, the resolution does have -- it needs to be modified on the floor to reflect that decrease in pricing. Ms. City Attorney, would you like for me to read that into the record? Julie O. Bru (City Attorney): You just did. Mr. Marcos: Okay. Ms. Bru: If this should go forward, it's -- would be modified and the amount would have to be -- instead of the 1.255038, whatever that is minus what you just indicated. Mr. Marcos: Let me give you those numbers. The amount of 1.255038 will now be decreased to 1.076378.50. And the overall amount that's stated all the way at the bottom of the resolution will be decreased from 1.420950 to 1.242290.50. Chair Sarnoff Just for clarification, are you recommending that we -- and I'm (UNINTELLIGIBLE) the City Manager -- proceed with the additional equipment that needs to be purchased? Mr. Migoya: Yes, sir. As part of the -- first of all, the additional items that need to be purchased are extremely important to the completion of the college. And what we want to make sure that we proceed with Pirtle, especially after the consideration that they've done. I think they've done a tremendous job as far as working with us to come up with reducing their soft costs and allow them to go ahead and buy the additional three hundred and whatever the amount is exactly in additional equipment that we need to be buying which are essential to completion of the college itself. And -- from my perspective. Chair Sarnoff So I understand you, you are urging this Commission to accept their reduction for the previous purchase and you're urging us to do this new -- this additional request of equipment that you're saying is essentially needed for the College of Policing not to be interrupted? Mr. Migoya: That -- we have already been -- slowed down the process of the College of Police [sic] and we need to get it completed. This additional equipment that we're talking about is City ofMiami Page 10 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 extremely necessary for us to complete the usage of the college, and without it it's ineffective. So we have to be able to get that done. So the monies have now been allocated. There's no -- there's only -- I don't remember exactly what the amount is 'cause Larry's not here, but it's somewhere around 2 to $300, 000 from the Sunshine State money and everything else comes from different funds from Fire and a few of the other accounts, and we can give you the details to those accounts, but we have specific funding that we're providing on this. When this acquisition was done in July, we didn't have proper approvals and we didn't have proper funding. And obviously, for those reasons, we have -- those are some of the controls that we have now taken in place to make sure that these kinds of things don't happen any longer or in the future and you know that we have taken some direction to that effect. Chair Sarnoff And just so -- I want to be clear 'cause I know what you're -- essentially, what I'm hearing is you have reasonablY satisfied yourself and hopefully this Commission that what was done in the past has been cured in terms of dollars. My question to you is, going forward now, are you satisfied that with the new -- with the additional equipment you're saying is essential for the non -interruption of the college is a good purchase for the taxpayers? Mr. Migoya: We have not done the actual check on the equipment itself but we will make sure that the equipment is done within the right bid process and it's a competitive price on the equipment itself but we need to go forward with Pirtle, which is actually the purchasing agent for us as part of the contractor for the college itself to be able to go ahead and make this purchase for us. Chair Sarnoff Commissioner Gort, you want to be heard? Commissioner Gort: Yes. This equipment has not been purchased yet? Mr. Migoya: Not at this point. Commissioner Gort: Okay. So you're going to go through this bids, you're going to get bidS for it and --? Mr. Marcos: I think the proper answer to that is that we want to make sure that we're getting the best pricing, and if Pirtle were to be the agent of procuring these items, that we know that it's of competitive nature. What reported today is that 72 percent of those items listed under the contract was of a competitive process. And maybe for some items we could have done better, but overall they were extended the same State of Florida pricing that we would have gotten if we would have been the procurement agent to that. And I just would like to end up stating for the record that I'm not really going to get into the detail, but obviously we're trying to mitigate the circumstances here. By no means I don't want you -- and I don't want to speak for the City Manager -- you all to think that we condone the behavior. We're just mitigating the circumstances. And I wouldn't be standing here before you today ifI didn't think that this would be a win -win situation for both parties. Mr. Migoya: The equipment we're talking about is not just for the College of Police [sic]. It's also for part of the emergency operations, the EEOC [sic]. We couldn't get it functioning if we didn't have all that equipment installed. And obviously, we're running into a hurricane season. We've got to get all that in there as quickly as possible. Chair Sarnoff Just so I'm clear, 'cause you just said the EEOC [sic], is the EEOC [sic] --? I didn't know it was -- maybe I don't know this. Is that a part of the College of Policing? Mr. Migoya: Yes, it is. It's on the -- Chair Sarnoff It's been moved? City ofMiami Page 11 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Migoya: -- third floor, I believe it is. Chair Sarnoff Okay. Mr. Migoya: So it's an integral part of the building. Chair Sarnoff Okay. All right. Let's do this. Let's open up the public hearing, let the public speak, and then we'll come back to the Commission. Public hearing is now open on PH.1. You're recognized for the record, Mr. Cruz. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street. Maybe I not a City taxpayer or the debt service because I have come from the debt service, but I am a fee payer, besides I pay a lot of more federal taxes that come the money here. But we go now to the same mumbo jumbo of the nomenclature of the bureaucrats. You cannot convince them then confuse them of this (UNINTELLIGIBLE) since July. What is the Bonds [sic] Advisory Board? Deputy Chief Luis Cabrera is a member of that board and he knew this was brought to us never. Never, never they brought to the board. What are we there? For what? To be a stamp, to stamp everything? No. I am there. I ask question, cost overrun. We go -- and the Mayor say it won't be anymore no -bid contracts or no whatever. Oh, this is a no -bid contract. At the time that they got hundreds of furniture companies out there trying to sell something, oh, no, we saved $170, 000. Big deal. Maybe we could have saved half a million dollars, okay. Who cares? But now you have to approve it because they will come and repossess all that furniture, whatever in there. Because it shouldn't be -- if you got a board and we have other committees and everything, it should come to the board first and then to the Commission, not come after the fact. Now you have to approve it. Why? Why we go through the same thing we had before, no -bid contract? Many of the CIP (Capital Improvements Projects) people (UNINTELLIGIBLE) and remember (UNINTELLIGIBLE). I am there and I remember 'cause I don't need a computer. I have a good memory and I remember things, okay. And I see that and now we are in the same thing. Oh, we saved that money, all that mumbo jumbo. Okay. You -- like I say, you cannot convince them, confuse them with all the numbers and all the blah, blah, blah, blah, blah, okay. No. We have to have bids. And we -- with the way the economy is, we can get maybe half the price, okay. Maybe we can get half the price in everything, okay. But no, no, pay, pay, pay. Why? Where is the money? We are not Wells Fargo, Wachovia that got all that money from Mexico whatever that they (UNINTELLIGIBLE), right? We're not Wells Fargo, Wachovia -- Chair Sarnoff And in conclusion. You're making a recommendation to us? Mr. Cruz: Oh, no. Remember, in conclusion -- I don't need more than two minutes and I don't want to be redundant, okay -- Chair Sarnoff I wouldn't want you to be redundant. Mr. Cruz: -- redundant. But -- Chair Sarnoff But I'm asking you a question. Mr. Cruz: -- remember thing -- you got to bring things to the board. Chair Sarnoff What -- Mr. Cruz: The advisory boards are -- have a purpose there -- Chair Sarnoff Okay, so -- City ofMiami Page 12 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Cruz: -- to advise you. Chair Sarnoff -- your recommendation is bring it back to your Homeland Security Board approval council. Mr. Cruz: Right. But they -- Chair Sarnoff Okay. Mr. Cruz: -- never come to us. Chair Sarnoff I gotcha. Mr. Cruz: They never come to us and now we don't have any more meeting because we have a new -- Chair Sarnoff Understood. Mr. Cruz: -- assistant City Manager. Chair Sarnoff Understood. Mr. Mayor, you're recognized. Mr. Cruz: Okay. Thank you. Mayor Tomas Regalado: Yes. Mr. Chairman, in that issue, I spoke the other day to Assistant City Manager Johnny Martinez, who will be in charge of the capital improvement and the bond oversight, and he agreed several things. Number one, that they going to have a workshop for the members, most of the new members so they can understand all of the issues that go before them. Number two, that every item will be heard by the Bond Oversight Board before coming to you. It is important what happened in July -- and I know it's embarrassing, but it needs to be told. What happened in July is just that the Administration wanted to have the grand opening of the College of Policing because they had the opportunity of the Vice President coming down and they rushed everything and they pressured officials and it happened that way. The other thing that I would like to request, if possible, for you to consider is to change the quorum on the oversight board because now you need nine members and last time they couldn't meet because there were eight. It is important that they hear all the items and -- so I would ask you to consider the possibility of reducing the quorum to seven out of fifteen so they can function. Johnny Martinez agreed with that too. So that's a possibility for you to do it. I don't know if you can do it by a pocket item or we can bring it back, Madam City Attorney. Ms. Bru: If there's an urgency -- Chair Sarnoff I think I've seen it. I think I've seen it on an agenda. Commissioner Gort: There's an agenda about the four fifths. Chair Sarnoff I think there's an agenda that it's coming up on. Ms. Bru: Right. Well, if there's an urgency, we could have it ready for you to vote on it this afternoon. Chair Sarnoff That's fine with me. Commissioner Gort: Yeah. City ofMiami Page 13 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mayor Regalado: I mean, it's -- Chair Sarnoff Is that all right? Mayor Regalado: -- nothing -- the problem is that if we don't have the Bond Oversight meeting, then it doesn't get to you -- Chair Sarnoff Right. Mayor Regalado: -- and it complicate things. Chair Sarnoff Commissioner Gort. Commissioner Gort: My understanding, in the agenda we have a four fifth resolution where it ask if we don't have a quorum, the majority would be the one making the decision. Ms. Bru: You're talking about there's an item on this agenda? Commissioner Gort: Right. Ms. Bru: Well -- but that doesn't deal with -- I don't believe that that deals with that board. Commissioner Gort: With that board. Ms. Bru: It's a separate issue. Commissioner Gort: All right. Mr. Marcos: Commissioner, there's several points I want to make. Number one, the actual bond money that was just stated, for the record, no bond money was used for the purchase of the furniture, number one. Number two, as far as checks and balances of the City, we here -- we are here before you today presenting this item because of the fact that my department would not issue a purchase order until the Commission would hear this and approve this. That's number two. Number three, what I can state for the record is don't forget, 75 percent of the items was coming from the State of Florida contract, okay. That's roughly $750, 000 of approximately a million sixty-six thousand. Thank you. Chair Sarnoff Thank you. All right. Coming back to -- public hearing. Anybody else wish to be heard on PH.1 ? PH.1, public hearing is opened. Public hearing is now closed, coming back to the Commission. Anyone wishing to be heard on this item? Commissioner Carollo -- Vice Chair, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I'd like to first say that even if we vote to approve this, by no means does it say that I condone this behavior. As a matter offact, I don't want to overlook the severity of what happened here. And I know there's procedures that have been put in place, Mr. Manager. I'm not going to ask you to identify all of them right now and so forth. But I have a big issue with what occurred. As a matter offact, to the point that I've even started looking at -- and I know I spoke to the procurement director of what's the possibility of taking procurement out of CIP so there'll be more segregation of duties. With that said, you know, that's something I think needs to be looked at. I -- it's just unbelievable for me that, you know, after the fact, a million plus contract comes before us, you know, something that happened, you know, I don't know how many months ago and so forth. And I just -- I don't condone this behavior. Realistically, asking us to approve additional fundings [sic] with the same company, a company that I think has been doing business with government for quite some time, so they either know or should have known that there was some impropriety being done. City ofMiami Page 14 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 You know, it's something that, you know, I take very -- I consider that shouldn't be done. And you know, I have a difficulty voting to approve this. That's all, Mr. Chairman. Chair Sarnoff Anyone else from the Commission wish to be heard? Commissioner Gort. Commissioner Gort: Well, I'd just like to add that a lot of the things that passed in the Adminisfration in the (UNINTELLIGIBLE), the votes were 3-2 so we know we're going to hear a lot of things that we need to be fixing, and that's what our job is going to be. And I think we got the right people aboard to do the fixing. Chair Sarnoff Yeah, go ahead, Madam City Attorney. Ms. Bru: I didn't mean to interrupt. I just want to make something clear so that we don't have any issues later on when these goods and services that are going to be procured are obtained. The item before you is two-part. One part is ratifying the purchase of goods and services that have already been obtained. Commissioner Gort: Right. Ms. Bru: But the second part is authorizing the purchase of some goods and services that have yet to be obtained. With respect to that one, the procedure for waiving competitive bidding requires that there be a memo from the requesting department to the Manager describing the goods and services to be obtained and how much they cost. In your backup, the amount for the goods and services to be obtained is $104,383. In the resolution, it says 165,912. So I want to make sure for the record to be clear as to what is the correct amount and what is the additional - - what is the difference for. It's two different -- and -- 'cause later on, this results in a confusion when you have to actually write the check. Chair Sarnoff Adminisfration? Mr. Marcos: Yes. I conferred with Gary Fabrikant ftom CIP. It's my understanding that it's 165, the 165 amount. Chair Sarnoff All right. So just so the Commission knows, the additional funding we're looking at is 165. Mr. Migoya: One sixty-five, nine twelve. Chair Sarnoff Nine twelve, sorry. Let me just say one thing. You could have any policy, you could have any procedure you want, you could have anything written in the world in writing. It takes an honest man or an honest woman to follow those procedures. Now, you've taken steps and you have hired Johnny Martinez, a person I've come to know who is -- the one thing you've got to say about this man, he comes with integrity and he's honest. And that's what it takes, good people. You've since hired Alice Bravo. She's a woman I think of the same -- cut ftom the same cloth as Johnny Martinez. And good people make good decisions. And people pushed can sometimes make imprudent decisions. And if you've ever looked at the e-mail (electronic) files in this particular file, people were pushed. They could have been good people, but they were pushed and they were pushed hard by the Adminisfration ofMiami. And they lost their resolve because they were pushed by very high-ranking elected officials and/or high-ranking bureaucrats, and they lost their resolve to bring this back to the Commission. I don't think this is going to be the first time we're going to see this, and I don't think it's going to be the last time, unfortunately. And we have a job to do, and that's do the best we can with what's left with us or placed before us. My hat's off to this Adminisfration because, quite frankly, I did the numbers and I came up with essentially the same number you did in terms of taking out practically every profit possible that this particular contractor could have received. And the end of the day, if you City ofMiami Page 15 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 buy a container of milk and you drink it, you need to pay for it. And we're using these chairs, we're using this furnishings, we simply need to pay for them. A fair price, but we need to pay for them. So with that said, do we have a motion? Commissioner Gort: Move it. Vice Chair Carollo: Mr. Chairman. Commissioner Dunn: Second. Chair Sarnoff You're recognized for the record. Vice Chair Carollo: I agree with basically everything you said until you said that we will see this again. That's exactly my point. So what, it happens, it comes back to the Commission, we make the best of it, and we approve it. But you know what? Why not send a message and not approve it? That's my point 'cause I don't want this to continue to happen. And already, you said -- and you've conceded that we're going to see this again. Chair Sarnoff Well, what I meant by that was, I think as this City Manager, in concert with this Mayor, is reviewing some old records and things -- Commissioner Gort: Right. Chair Sarnoff -- that have happened in the past that they're going to have to reconcile things. I think that's part of why Carlos Migoya is sitting here because -- well, I'll finish. I actually think that's part of what you're doing is -- Migoya: Exactly. Chair Sarnoff -- in the reconciliation process of how we came so far out of budget, you're learning things. I'm not suggesting going forward that thisAdministration -- this City Manager, this Mayor -- are not bringing things to this Commission. I -- just what I'm saying is I suspect in the rush-rushness of some things that happened last year, things never came to this Commission. And there may be other issues that could come back to us. You're recognized. Mr. Migoya: IfI may, Mr. Chair. The Monday after our last Commission meeting, which I guess was two weeks ago, approximately, I had a meeting with all our department heads. It was right after we made all the changes, of which our Vice Chair was there, as well, which we appreciated him being there for support. One of the things that had happened in the City in previous times, it feels like from a practice standpoint, was if we had the wish of the Mayor, the wish of the Commission, or any Commissioner, the wish of the City Manager, it got done, whether we had approvals or not, in a quick way. One of the things that I said at that -- which we will not condone going forward -- is that we will not -- if anybody has any wishes, we will work through those wishes and understand what they are and make sure we do these in an efficient, quick, but more importantly, legal and with proper approvals; that we will not go and do anything without getting the appropriate approvals and POs (Purchase Orders) and everything before we do anything in any procurement that we do anywhere in the City. So we are establishing new controls. And I failed to bring up at the beginning of the meeting that we've hired a new assistant City Manager, head of infrastructure, Johnny Martinez, who came from the County, who ran CIP for the County. And I've also asked that Tony Crapp, previously with the Mayor's office, to be my assistant City Manager for head of operations, and Tony is here to structure the proper controls. May 10, we will have Alice Bravo come in to be the head of CIP and make sure that we not only investigate all the old issues that we have -- and whatever old issues we have, we will bring up in this Commission, and I think that's going to your statement. We may have other things that got done that weren't approved, and we will bring every one of City ofMiami Page 16 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 them up here. What needs -- whatever needs to be approved, we will bring it up here. Even though it may look bad from an administrative standpoint, we will bring those up. Now, going forward, I will tell you that the -- everyone will be accountable for maintaining proper controls in their departments. So whether they do something wrong or they allow something to be wrong, they will be accountable for those issues. And that's the way thatl intend to run this Administration, and with the Mayor's agreement, and I believe with all your support, as well. So that is what we're doing going forward. Now, I think you're right, we may see some other issues from old stuff and when we bring them to you, we will not only say that these were wrong, but what have we done to make sure that these things don't happen again and how we make the people accountable to make sure that doesn't happen again. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman, one last thing. Chair Sarnoff Yes, you're recognized. Vice Chair Carollo: Actually, I'm glad you clarified. I think it's important, because I just don't want anyone to misinterpret that from now on, we may see this again. Should we see this again, it will be from previous Administrations or -- Commissioner Gort: Right. Vice Chair Carollo: -- something that occurred in the past that comes before us. And with that said, yes, I mean, we would have to deal with it in the best way possible. And you're correct, we do have the furniture. Other than giving it all back and being forced into a lawsuit and so forth, I mean, I think we're frying to remedy it -- remedy the problem the best way possible. I also have full faith in this new Administration, the new Manager, the acquisition ofJohnny Martinez and so forth. So it's not that -- anything against any of you because, you know, I'm actually very excited and happy of this team that we're building. I think we're on the right path and we're moving this city forward. So with that said, I just want to make sure that anything that comes before us again that deals with non -approvals and so forth is previously -- not from this point on. So with that said -- Commissioner Gort: Right. Vice Chair Carollo: -- I will be voting to approve this. Chair Sarnoff All right. Is there --? Commissioner Gort: I moved it. Chair Sarnoff All right. We have a motion by Commissioner Gort. We have a second? Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Mr. Marcos: Commissioner. Chair Sarnoff Yes, sir. Mr. Marcos: I'm sorry. Before you go on to vote, just want to state for the record, as a matter of full public disclosure, that as part of the agreement between the City and Pirtle, in order for them to reduce the liability insurance, the general liability insurance and the bond, we're going City ofMiami Page 17 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 to have to amend the contract to state that the requirements that was part of the construction contract, the insurance requirements and bonding requirement that was part of the construction contract does not apply to the purchase of -- Commissioner Gort: Right. Mr. Marcos: -- the furniture. Commissioner Gort: Right. Mr. Marcos: In that way, that would allow me to issue a separate purchase order just for that cost. Thank you. Chair Sarnoff Does the mover accept the modification? Commissioner Gort: I accept the modification. Chair Sarnoff Does the seconder accept the -- Commissioner Suarez: I accept. Chair Sarnoff -- modification? All right. Madam Clerk, you satisfied? All right. The motion's understood. All right, gentlemen, all in favor, please, say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. You have your four fifths necessary. Thank you very much. If -- Mr. Mayor, if you wouldn't mind, I would like to get -- I promised a discussion item as a -- as the Earth Day issue. And my office was going to present at 10 o'clock, and if-- is Mr. Baker here? His dad is here. Commissioner Gort: The frash is here. Chair Sarnoff The trash compactor's here. Commissioner Gort: The frash can is there. Chair Sarnoff The Big Belly is here. The Big Belly. END OF PUBLIC HEARING City ofMiami Page 18 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 SR.1 08-00687 Department of Employee Relations ORDINANCE - SECOND READING ORDINANCE 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 "PERSONNEL/PENSION 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 08-00687-E-mail-Pension- Union Negotiations Update April 22, 2010.pdf 08-00687-Memo-City Manager.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Noes: 2 - Commissioner(s) Sarnoff and Suarez 13154 Chair Sarnoff Let's go to -- what do you want to go to, Mr. Cruz? -- FR.1. Oh, I'm sorry, no, SR.1. I apologize. SR.1 should be first. SR.1 is the general employees' retirement plan. Is Charlie here? Okay. Carlos A. Migoya (City Manager): Michelle Pina's coming. Chair Sarnoff We'll definitely work on our pace this afternoon. Michelle Pina (Director): Michelle Pina, Employee Relations Department. This is an ordinance of the Miami City Commission, amending Chapter 40, Article IV, Division 3 of the Code of the City of the [sic] Miami, Florida, as amended, entitled "Personnel/Pension and Retirement Plan/City ofMiami 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, 40-255, 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. City ofMiami Page 19 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff All right. Let me open it up to a public hearing. In this way, we can hear from the public. Mr. Cox, you're recognized for the record. Charlie Cox: Charlie Cox, 4011 West Flagler Street, Miami, Florida. What we're asking to do, per our experts in pension, is going from 5 to 7 percent of market value into -- being able to vest -- invest a little bit more in overseas accounts. The returns have been phenomenal. It is our job to -- listen, I'd love of to see the pension cost be zero on the City, and they have been low in the past. The market took a dive. We're doing everything in our power -- and the market is starting to turn around -- to make the cost less on the City. And we do, on the pension, follow what our experts advise us, and over the years, they've been pretty well at that. Any of these ordinance changes are strictly the wording. They've been in there forever. Ordinance number 1225 was passed at the City Commission May 9, 2002. And all we're doing is clarifying accidental and service incurred disabilities in this. There are differences. One of them has -- if it's service connected, you get 66 and 2/3 and your spouse receives 40 percent. If it's accidental, there is no beneficiary, and you get 40 percent. Chair Sarnoff All right. Mr. Cox: And the three-year DROP (Deferred Retirement Option Plan) moving to the four-year DROP was ratified before this Commission in my last contract. Chair Sarnoff Is that cost neufral? Mr. Cox: The DROP? Chair Sarnoff Yeah. Mr. Cox: As far as I know. Chair Sarnoff Can anybody tell us if that's cost --? Mr. Cox: I can tell you that you can use me as a case. Yes, am I collecting a paycheck now and going into -- and collecting my pension going into the DROP? Yes. But if you took the DROP away, then you're going to pay me 3 percent more per year towards my pension, and general employees do not have a cap. We -- I know of a Solid Waste guy that went out at 144 percent of his pension. I also know of a director, and I'm not going to say their names, but went out at 128 percent of his pay on the pension, so we do not have a cap. Police and Fire do have a cap; we do not. Chair Sarnoff Do you know if this is cost neufral, Mr. Manager? Mr. Migoya: I'm not familiar with it. But at least one thing, once they go into the DROP (UNINTELLIGIBLE) going from three to four years, that we stop paying the apportionment of the pension 'cause they're -- at that point, they're effectively retired, so we actually save the 21 percent that goes also towards the pension, so that -- Chair Sarnoff Yeah, but there are a lot of ways of looking at it. Mr. Migoya: Yeah. Chair Sarnoff And very much like I was suggesting to you while I was just doing the analysis, if you just take 10 percent more off of somebody's ad valorems, there should be a 10 percent reduction. You said no, you're not thinking of these set of circumstances. My question to you is, have you thought of every circumstance, every permutation, every calculation you need to make, City ofMiami Page 20 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 and is the three- to four-year DROP cost neutral? Mr. Migoya: We have not done that analysis as it relates to this because at -- this is not related to this item, per se. This is something that was previously done, so from that standpoint, we haven't -- Chair Sarnoff Okay. Mr. Migoya: -- looked at the actual costs, but we can get back to you and let you know what it looks like. Chair Sarnoff Okay. Ms. Pina: Chairman Sarnoff we currently have our financial team looking at those analysis, and we'll be happy to provide that to you. Chair Sarnoff Yeah. I mean, I've done a couple of permutations on that and, you know, incentivizing somebody to stay on also -- and I don't mean -- forgive me, Charlie, on this, but it means a person who has been in the City a long time that's probably collecting a higher paycheck is incentivized to stay longer. It works as an incentive. So I'm just asking if every permutation has been taken into consideration? Mr. Cox: Well, I can tell you, ifI would have stayed instead of going in the DROP, I'd be at 112 percent of my pension, so it would be a raise for me. Chair Sarnoff I don't know the outcome. It may be we save money. It may be it's neutral, and it may be it costs us money. I'm just asking if it's been done? Mr. Cox: Well -- Chair Sarnoff With you, we know. All right. Is there anyone from the public wishing to be heard on SR.1, which I'll describe as the pension and retirement plan of the City ofMiami General Employees/Sanitations Employees Retirement Trust? Is there anyone wishing to be heard on SR.1 ? Public hearing is open. Public hearing is now closed, coming back to the Commission. Anybody wish to make a motion? Commissioner Suarez: Mr. Chairman, I'd like to be -- Commissioner Gort: This is -- my understanding is -- Commissioner Suarez: -- heard. I don't know if it's -- be proper to do it before or after the motion. Chair Sarnoff All right. Commissioner Suarez: Whatever you prefer. Chair Sarnoff Tell you what, let's take discussion. Commissioner Gort, you were starting? Commissioner Gort: No, go ahead. I'll waive. Chair Sarnoff All right. Go ahead, Commissioner. Commissioner Suarez: Thank you, Chairman. Thank you, Commissioner Gort. Mr. Cox, we had a chance to meet before -- after the first reading and you mentioned in that meeting that one City ofMiami Page 21 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 of the reasons why your fund was requesting this or your union was requesting this was because you guys were performing excellently on these particular funds. Mr. Cox: Yes, sir. Commissioner Suarez: Over 30 percent? Mr. Cox: Over 50 percent now. Commissioner Suarez: Now in this fiscal year, it's over 50 percent? Mr. Cox: Yes, sir. Commissioner Suarez: What was your return on investment in the overall fund last year? Mr. Cox: Negative 1 percent. Commissioner Suarez: And -- see, that's kind of the concern that I had last time. I'm not sure that I articulated it well, but had you been last year -- and I went and I looked at the historical data -- had you been invested in a 30-year treasury bond, which is the safest investment, it also happens to be a domestic investment, your return on investment, your yield would have been 4 percent, so the spread or the difference between whatyou would have received and whatyou actually received was 5 percent. So in essence, the discretionary decision -making that you made or that your -- not you particularly, that your investment managers made cost the taxpayers of the City ofMiami $28 million last year because we had to, in essence, this year fund that deficit, that deficiency? Mr. Cox: Yes and no. Remember, you're averaged over five years, so -- but with just a 4 percent or a 5 percent gain that you want to use, we would not have returned the 22 and the 23 percent in the years that we're making. If you recall, Gates was brought about because of the bank was returning less than 2 percent to all the funds. And if you stay on a 4 percent and our assumption is 8 and a half percent, you're going to lose 4 and a half percent every single year. Yes. Did the market take a tank? Yes. Did we take a tank? Absolutely we have. But if you look at the history of our fund, the history of our fund, your average payment to the pension plan may be 3 or $4 million. I mean, there was years you paid zero dollars. Commissioner Suarez: Right. Mr. Cox: And I'd love to get back to that point, but you know, everybody can second guess, but nobody knew that we were going to go into what we've been into, so you got to take the good with the bad sometimes. But if it's more good than bad -- and if you look at the history of our pension fund and look at the returns, I think you'll find it's a lot more good than bad. Commissioner Suarez: But you just said that over the history of the fund we've had to somewhere between $3 million over the history of the fund on a yearly basis. Mr. Cox: Correct. Commissioner Suarez: Okay. So, in essence, the fund hasn't been self-sustaining? We've had to Mr. Cox: No. As a matter of fact, I forgave Gates back when we had the Oversight Board of $250 million -- Commissioner Suarez: And -- so what you're saying -- City ofMiami Page 22 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Cox: -- and that hurt too because that was an obligation by the City -- Commissioner Suarez: Yeah. Mr. Cox: -- but what were you going to do? You know, I don't want to see the City go broke. I'm at the end of my career. I've got mine, but there's a whole lot of people out there that depend on theirs, and every penny that we can save this City on that pension board, I believe it's my obligation as a pension board member to do that. Commissioner Suarez: Mr. Chairman, may I ask him another question? Chair Sarnoff Oh, please, have colloquy. Commissioner Suarez: Thank you. Are the monies that we -- or that you invest, are they in a segregated account or does the City have the ability to draw on that money? Mr. Cox: Absolutely not. They're in a segregated account. Commissioner Suarez: Okay. So they are placed in a segregated account when we match whatever contributions the employer makes and then invested -- Mr. Cox: Whatever the 8.1 percent equals out to is what you have to pay. Commissioner Suarez: Right. Mr. Cox: It's not what matched. Commissioner Suarez: I understand. So we're guaranteeing -- on a year like 2009, we're actually guaranteeing 8.5 percent plus negative 1, so it's 9.5 percent, so the cost is actually greater than that. I'm just -- I was just using -- Mr. Cox: Yes, sir. Commissioner Suarez: -- an example -- Mr. Cox: Yes, sir, absolutely. Commissioner Suarez: Yeah. My example was that whoever you have managing your fund in fiscal year 2009 managed it at a negative 1 percent return when they could have very easily -- and I know hindsight's 20/20, so it's easy for me to sit up here and say they could have, should have, would have done this -- they could have put it in a safe domestic investment and saved the City $28 million. Have you changed your management team, your fund management team, or have you looked at changing your fund management team? Mr. Cox: every time a (UNINTELLIGIBLE) doesn't perform, they get put on probation. Commissioner Suarez: Are they on probation right now? Mr. Cox: All of them? No. Look at the -- you know, you're taking one year or two years and you're trying to compare them against the history of the fund. Listen, we were at 7 and a half percent return rate and because we were doing so well, every year, if you move that number up, it helps the City save money. Can I say hindsight that -- if we would have done that last year, dropped everything into a bond? It's never been done that way. I mean, it's -- you want to return 4 percent and have to pay -- instead of the 21 million, 13 million every single year and City ofMiami Page 23 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 then you're not growing your funds? I don't think you want that avenue. Commissioner Suarez: No. I want our funds to make money, that's what want, so we don't have to fund -- Mr. Cox: And that's what we're trying to do. Commissioner Suarez: -- it from the operating account where next -- Mr. Cox: And I don't believe we'll be in a negative number this year. Commissioner Suarez: What are we at right now for the fiscal year? Mr. Cox: I'd have to put in a phone call, butl could get it for you. Commissioner Suarez: Yeah. Because I can tell you that currently, as ofApril 1, the return on investment, the yield on a 30 year treasury bond is 4.75. Mr. Cox: Okay. Commissioner Suarez: So if we're doing less than that, then maybe we should reexamine our investment mix and what we're investing our money in. Mr. Cox: That's what we pay the people for. Yes, sir. Commissioner Suarez: All right. Mr. Cox: I am not an accountant, so I can't -- Commissioner Suarez: No, I know. And I know you're doing your best, and we've talked about it. And I understand what you're frying to do is save the City money, but what is actually happening is that -- Mr. Cox: But the history speaks of it. The history of this pension plan speaks of saving the City money over the years. Commissioner Suarez: But you're saying we had to confribute $3 million a year on average, so it wasn't self-sustaining. Mr. Cox: No, I didn't say you had to confribute 3 million on average. I said there's some years you paid zero dollars -- Commissioner Suarez: Right. Mr. Cox: -- some years you pay more. Commissioner Suarez: Okay. Let me ask you this question, if you have the information. If you don't, it's okay. What is -- over the last 30 years, what has been the yield on the pension fund? What has been the return on investment average over 30 years? Mr. Cox: I don't know off the top of my head. You want me to make a phone call, I'll give it to you. Commissioner Suarez: I'd like to know. City ofMiami Page 24 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Well, let's -- tell you what, we'll -- Commissioner Suarez: The reason why I think it's important -- Mr. Cox: I didn't bring any actuarial -- Commissioner Suarez: -- the reason why -- Mr. Cox: I'm sorry. I didn't bring all the actuarial -- Chair Sarnoff Understood. Mr. Cox: -- books with me and everything. Commissioner Suarez: The reason -- Mr. Cox: The only thing I brought was the (UNINTELLIGIBLE). Chair Sarnoff We have two ways of handling this. One is we can let the other Commissioners ask questions that may or may not be ofMr. Cox and you can make your phone call and come back to the -- you know, if we're still discussing this. I could table this. Commissioner Suarez: I just want to highlight why it's important. It's important because we're guaranteeing a rate of return and to have an actuarially -sound pension system that is self-sustaining, the promised rate of return has to somehow match the actual rate of return. And it's certainly not happening now and I don't know if it's happened over the last 30 years. I've only been here for four or five months and I apologize for that. Mr. Cox: It has happened over the last three years. Commissioner Suarez: So you know -- Mr. Cox: We have had some good -- Commissioner Suarez: -- next year we'll -- Mr. Cox: -- returns. The market collapsed. Commissioner Suarez: -- next year the three -- all the funds are, I think, requiring over a hundred million dollar -- projected hundred million dollar payment from the City, which is one out of every five dollars that we -- Mr. Cox: My fund is? Commissioner Suarez: No, no, no, no. All of the funds. This is not -- Mr. Cox: Okay. And what did the State lose? The State lost $800 billion. Commissioner Suarez: Yeah, and the State's budget is, you know, much bigger than ours. But I mean -- Commissioner Gort: Mr. Chairman. Chair Sarnoff You yield? You want to yield? City ofMiami Page 25 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Gort: I'll make a suggestion. Charlie, I know the history of Gates 'cause when I first got elected, I was told all the problems that we had. I read the whole case. A lot of the people sitting here today are not aware of the Gates case and the changes the judge ruled. At one time they were losing money because the Commissioners were running the funds and -- Commissioner Suarez: That's a scary thought. Commissioner Gort: -- and the judge says, no more the Commission. Let them elect their own people and do that. I know they had a lot of restrictions on the investors. I think you should come back with a statement for (UNINTELLIGIBLE) -- I think you should come back with the numbers for the last ten years. You also should come back so they can understand. And also, this type of investment is a long-time investment. I mean, you might make minus today, but you might have made 30 or 40 in the past in your contribution to the City. I think you should come back and give them a little history so they're aware of what's taken place in the past. Mr. Cox: IfI had known that was coming, I'd have brought it with me. I apologize. Commissioner Suarez: I apologize for that. Chair Sarnoff Do you want to continue this discussion? Do you want to -- Commissioner Gort: No. I think -- Commissioner Dunn: -- table this discussion? Commissioner Gort: -- table it and then he can come back with this information so it can be -- Mr. Cox: Table it or just bring it -- Chair Sarnoff Tell you what, Charlie, why don't we do this? Mr. Cox: -- back in another Commission meeting. That's fine with me. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: The only thing I request that, you know, we're all present for the vote. I know I have to leave at a certain time. Chair Sarnoff And I was going to give a time certain. Vice Chair Carollo: Yeah, so if we could give a time certain or -- Commissioner Gort: 'Cause my -- Vice Chair Carollo: -- so we could all be here. Commissioner Gort: -- understanding, this is second reading, right? Commissioner Dunn: Yeah. Chair Sarnoff Yes. Ms. Pina: Yes. City ofMiami Page 26 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Gort: Okay. So I'm ready to make the same motion I made before, butt want to make sure, before I make that motion, that everyone is clear in their vote. Commissioner Suarez: That's fine with me. I think that's -- yeah, that's fine. Chair Sarnoff Well, you wish to table or you wish to proceed? Commissioner Suarez: I have no problem tabling it until Charlie has the opportunity -- Chair Sarnoff All right, let's do this. Commissioner Suarez: -- Mr. Cox has the opportunity to bring the information. Chair Sarnoff Charlie, so you can -- let's table this 'til 2 o'clock. At 2:00 o'clock, we will hear this. Mr. Cox: Okay. Chair Sarnoff Does that give you ample time? Mr. Cox: Are you having your budget meeting? Chair Sarnoff There is. So you want me to give you a different time? Mr. Cox: No. I'll miss the budget meeting. Chair Sarnoff No, no. I don't want -- Mr. Cox: No problem. Chair Sarnoff -- you -- Charlie, I could very easily give you a different -- Commissioner Suarez: There's no rush. Chair Sarnoff -- time. And I know two Commissioners -- you're here for 3:30, right? Commissioner Suarez: Yeah. Vice Chair Carollo: Yeah -- Chair Sarnoff 3:30. Vice Chair Carollo: -- 3:30. Chair Sarnoff Is that all right? Mr. Cox: That's fine with me. Chair Sarnoff All right, so we'll table this 'til 3:30. Mr. Cox: Okay. Ms. Pina: Thank you. City ofMiami Page 27 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 [Later...] Chair Sarnoff All right, ladies and gentlemen, I believe we can go back to SR.1, in thatl think Mr. Cox has the information that's necessary. And if you could come back up, Mr. Cox, and address this Commission, and if you could present those numbers to Commissioner Suarez, it'd be much obliged. Do you remember the pending question? Mr. Cox: Yes, what our returns were and how much money is made. And I gave you two sets. And how we're diversified is the first of three pages. That's how we're diversified. I believe we're 45 percent -- 25 percent fixed income that you were worried about. And it shows exactly how we're diversified. It also shows on the third page the returns that we've gotten since 1988, and I think you'll find that averages well over 4 percent. Chair Sarnoff What percent? Mr. Cox: Over 4 percent, like he was -- four point whatever number you were guaranteed by going with just the straight cash. Also, if you go to the other page, the single page, what that shows you is a funded ratio of our pension plan. And you can see those years we've been as high as 134 percent funded, 134.7, 1360. I will also tell you that actuarially it's made up of three steps, the return from the market, our confributions, and the City's confributions. I can tell you in the last year, we went up to 13 percent because I was worried about this. I also saved by coming back to this Commission last year, $7 million was what we turned over to you. I've got lobbyists up in Tallahassee now frying to change the quarter from a hundred -- right now we fund -- the pensions have to be funded at 120 percent. We're trying to lower that for three years to 80 percent and that should save a little over $3 million a year for the next three years if we can get that passed. Chair Sarnoff All right. Any further questions, Commissioner? Commissioner Suarez: Yes. Thank you, Mr. Chairman. I think you just said that since 1988, your average rate of return on your fund is 4 percent? Isn't that what you just said? Mr. Cox: No. You were the one that said -- Commissioner Suarez: No, no. Mr. Cox: -- that you can guarantee 4 percent with fixed income. Commissioner Suarez: No, no. What asked you before we broke was what was your average rate of return on your fund over the last 30 years, and you gave us this chart now. And I could have sworn you just said right now that the average rate of return on that fund was 4 percent over a 30 year period. Mr. Cox: It's obviously above that, the average rate of return. Commissioner Suarez: What is it? Mr. Cox: Go to page -- Oh, 2010 is 3.1, okay. Commissioner Suarez: No, no, no. I'm not asking about 2010. I'm asking you over the last 30 years, what is your average rate of return? Mr. Cox: We don't have it 30 years. We only go back to 1988. Commissioner Suarez: Since 1988, what is your average rate of return? From 1988 to 2010. City ofMiami Page 28 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Cox: I didn't average it out. Commissioner Suarez: It's 22 years. Mr. Cox: Somebody got a calculator up there? I mean -- Chair Sarnoff I'm actually doing it, but don't know how fast I'll do it. Mr. Cox: You know, the bottom line is you want to pass it, you pass it. You don't want to pass it, you don't want to pass it. I have nothing to hide with our pension returns. I think they're good. I think that we do the best. I brought two -- I brought our experts down here two times And you know what? Why waste money, because the City ends up having to pay for it. First time it got cancelled. We brought them down here. We didn't get the item heard. The second time basically they started talking and didn't want to be heard and it was postponed, so -- I think I'm doing the right thing. I think the pension board is doing the right thing and the vote will tell. Chair Sarnoff Does any other Commissioner have any other questions of Mr. Cox? Commissioner Gort: I just like to make the statement -- and I'm sorry that Charles did not bring the -- he did not mention Gates case and all the problems we went through in the past when the Commissioners were the ones that were instructing how to do the investment. So I believe by law we're not allowed to tell them how to do their investment. We can more or less -- what's in front of us today is an increase -- my understanding, correct me if I'm wrong -- of 5 percent into international funds, which international funds today are doing a lot better than national fund. And I personally -- the reason I voted for it, I don't have any problem with it. I understand we all want USA (United States ofAmerica), but at the same time, we need to realize we have the whole world investing in the US (United States) right now. You have China. You have Japan. And if it wasn't for those countries, we'd be in bigger problems. Chair Sarnoff Anyone else wishing to be heard? I think -- Charlie, I haven't done your numbers, but think your numbers are going to be substantially higher than 4 percent. I think that's a fair statement. My issue -- obviously, if anybody knew how to invest and knew what the world could predict, I certainly wouldn't have bought WorldCom stock, I wouldn't be an owner of Global Crossings, and I wouldn't have bought (UNINTELLIGIBLE). com. And if all those stocks worked out, I might even be the City Manager, but they didn't. Commissioner Gort: With no pay. Chair Sarnoff With no pay. But they didn't. And I think if we all knew what was going to go up, we would all certainly invest in what we knew was going to go up. My issue with this is a philosophical difference. And I respect -- I know Commissioner Gort has a very different philosophy. He considers this to be a worldwide economy, and I think it is a worldwide economy. However, the distinction of when you allow institutional investors in America to take capital and put it in overseas markets, exterior of the United States stock market, is a paradigm shift. That means that capital will go overseas when and wherever it determines it's in its best interest to do so versus, for instance, using investment vehicles in America, American companies that actually do overseas business. The result is jobs in America. Ironically -- I know you're -- mostpro-union guys are very American job -oriented, andl chose to look into this, Charlie. And what did was I looked at IBM (International Business Machines), I looked at Apple, Hewlett-Packard. For instance, IBM in 1999, 57 percent of its business was conducted worldwide; now 64 percent. Oracle, 1999, 49 percent of its business was conducted worldwide; today 56. Apple, a company that happen to be invested in, 46 percent of its investment was overseas; now 51 percent. And the numbers could go on and on. Microsoft, Cisco. The difference is, though, when you put your capital overseas in the footsy or whatever exchange you City ofMiami Page 29 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 choose to do so, you know -- for instance, let me tell you about IBM. It says much of the cutting edge has come and developed high -income economies like the United States. IBM still employs 105 workers in America of a global payroll of more than 399,000 at the end of 2009, up 21 percent from five years ago, but its American workforce is down 10, 000 from the end of 2008. I think if we, as an institution, such as the City ofMiami, such as the county of Dade, such as the state of Florida, if the institutional investors start leaving the American markets and going overseas, that will result in the loss ofAmerican jobs. And that is the philosophical difference that I happen to demonstrate. Now, again, if we all knew what was going to happen in this world, very simply, we should have bought gold. Who would have known it would have returned 267 percent between 1999 and 2009. Certainly didn't look that way when it was at $600 an ounce. So we don't know. So from my standpoint, the reason I don't support this is I'm not willing to suggest that institutional investors, such as the City ofMiami or its pension boards, should be putting a higher percentage of its value overseas. And the one thing I did check on, Charlie, as of this week, the investment in American markets would have done better than worldwide economy. The American market is starting to come back. And I think if we start pushing and putting institutional investors overseas, I think that's a push that doesn't help the American worker and I don't think it helps the American economy, and that's why I find it hard and difficult to support this. I'm not here to suggest that your returns are not on a 30 year average or a 22-year average, if you will, respectable returns, but I'm not prepared to send you to India and I'm not prepared to send you to the Far East for investing. Mr. Cox: You're not going to get gas on the Turnpike at Shell no more either, right? Chair Sarnoff Oh, I understand the distinction with a difference, and I'm suggesting you could be investing in American companies that do just that. Mr. Cox: Yes. Chair Sarnoff But that would be an American investment ofAmerican companies that employ a substantial amount ofAmerican workers and derive a substantial part of their income and revenues overseas. That's the distinction and the difference I see. So anybody else wishing to be heard? Commissioner Gort. Commissioner Gort: I have a question. Once again, can you go over --? My understanding is at this present time, you invest 10 percent. Mr. Cox: Yes, sir. Commissioner Gort: And you're requesting to invest 15 percent. Mr. Cox: Up to 15 percent. Commissioner Gort: Up to 15 percent, which means you still have 85 percent invested in national companies? And this is according -- Mr. Cox: Countries that are in this country, yes. Commissioner Gort: Okay. Mr. Cox: Where are they coming from? Overseas, but yes. Commissioner Gort: Okay. I'm ready to make a motion. Chair Sarnoff All right. So we have a motion by Commissioner Gort. City ofMiami Page 30 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Any --? Commissioner Suarez: I'd like to make one -- Chair Sarnoff Commissioner Suarez, you're recognized for the record. Commissioner Suarez: I -- my comment is -- and again, going back to the current yield on a 30-year treasury bond for this -- as ofApril 1, the yield on a 30-year bond is 4.75 percent. The year-to-date on your fund is 3.1 percent. The difference is a cost to the City of $9.24 million over the course of a fiscal year. So, you know, I think -- whatl have the biggest problem is, is if you had a self-sustaining fund -- maybe over the 22 years it's self-sustaining and maybe it's been rated for reasons that are outside of your control or because of your generosity -- I think you guys have been very generous with the City as you have demonstrated on a number of different things. I'm just -- you know, I'm not prepared -- I don't think this is the problem. I don't think the problem is the fact that you're not enough diversified in foreign holdings. I think the issue is -- because clearly, if you were in a domestic investment that had yielded an additional 1.65 percent right now, very safe investment, you would be generating an exfra $10 million in interest over the course of this year, just year-to-date from 2010. So I just think, generally, I have a problem with you guys invest your money, it doesn't work out, and we pay for it. That's kind of like the gist of it. Chair Sarnoff All right. We have a motion. We have a second. It is an ordinance. Ms. Bru: Mr. Chair, the labor -- the Employee Relations director already read the ordinance into the record earlier, so -- Chair Sarnoff Oh, I'm sorry. Ms. Bru: -- we don't have to do it again. Chair Sarnoff Understood. All right, Madam Clerk, roll call. Ms. Latimore: Roll call. Vice Chairman Carollo? Vice Chair Carollo: Yes. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: No. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chair Sarnoff? Chair Sarnoff No. Ms. Latimore: The ordinance is adopted on second reading, 3-2. City ofMiami Page 31 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff All right -- Mr. Cox: Thank you. Chair Sarnoff You're welcome. FR.2. We heard FR.2, I apologize. END OF SECOND READING ORDINANCE City ofMiami Page 32 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 ORDINANCES - FIRST READING FR.1 10-00179 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO Office FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR 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 Legislation SR.pdf 10-00179 Summary Form FR/SR.pdf 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: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right, FR.1. You were a little late to the dais. Can you get here a little quicker? Pieter Bockweg (Assistant to Senior Director of Building, Planning & Zoning): I apologize. Chair Sarnoff All right. Mr. Bockweg: Pieter Bockweg, project manager. Before you is the extension of the FPL (Florida Power & Light) franchise agreement. Mr. Chairman, I need to make a slight amendment -- the title in the agenda was wrong -- if you allow me to do that now. Chair Sarnoff Go ahead. Mr. Bockweg: I'll read the title in the record. An ordinance of the City -- of the Miami City Commission granting Florida Power & Light Company, its successors, and assigns an electric franchise; impose provisions and conditions related thereto; providing for monthly payments to the City ofMiami during a term of 30 years; containing a severability clause and providing for an effective date. Chair Sarnoff All right. Let me to do this, gentlemen. Let me open up a public hearing, and then we'll make a motion, if we can get one. You're recognized for the record, Mr. Cruz. Mariano Cruz: Yeah, the public hearing. Mariano Cruz, 1227 Northwest 26 Street, City fee payer and FPL customer and the whole thing. I am going to make (UNINTELLIGIBLE) like a dissertation, like ifI was the -- because I am a trained electric engineer, specializing in transmission of power for the production, the plant to the substation, the grid. You know, the grid (UNINTELLIGIBLE) -- that hasn't changed since Kirchoff, the (UNINTELLIGIBLE) developer Robert Kirchoff a German engineer develop the grid system. (UNINTELLIGIBLE) changed a lot electronic, but grid system it has changed a lot -- not nothing. Because what is electricity (UNINTELLIGIBLE). Chair Sarnoff Are you saying --? Mr. Cruz: But I am paying less. I am paying less this year. Chair Sarnoff Slow down, slow down. Are you saying it has changed or it has not changed? Mr. Cruz: No. The transmission of power -- City ofMiami Page 33 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff The same. Mr. Cruz: -- is the same, unless we get a superconductor that we could put a power station ten miles -- 10, 000 miles away. Because if we don't have a superconductor with (UNINTELLIGIBLE), whatever it is, then we cannot have (UNINTELLIGIBLE). I am for nuclear power. I am --I respect FPL because it's a company that get the (UNINTELLIGIBLE) Award, (UNINTELLIGIBLE). And you know -- and I know (UNINTELLIGIBLE) because I work in Cuba where a Cuban company was a subsidiary of CE (phonetic). I applied for the CE (phonetic) in 1960. They didn't want me, all right, so I don't work (UNINTELLIGIBLE). But here I am for an increase in the franchise. You know why? I been paying less and less for electricity. This month I pay 83.40, more than half -- which is less than halfl used to pay a year ago. I pay more for water bill -- the Miami -Dade Water and Sewer Department, I pay 94.94. First time I pay less for electricity, so it means we can increase. I don't mind paying more for the franchise taxes. That's one way that you could get revenue for the City. Let them pay -- and you know one thing. The utilities company by law are guaranteed a profit. One of my clients, a long time ago, at the beach told me you invest in utility company, you always -- you guarantee a profit by law. You got so much -- and you know, I am for that. One thing -- I can go here and -- Chair Sarnoff I just -- you only have a few more seconds, and I want you to make a recommendation to this Commission. Mr. Cruz: (UNINTELLIGIBLE) electricity intensity. I can go on and on on that. Chair Sarnoff Are you recommending we accept this? Mr. Cruz: Yes. And I am willing to pay. Like you recommend an increase in the garbage fees, solid waste fee -- Chair Sarnoff Right. Mr. Cruz: -- you didn't have it because nobody want to be the taxing mayor or the tax -- Chair Sarnoff Right. I'll even recommend it again this year. Mr. Cruz: I am -- I recommend that. Chair Sarnoff Okay. Mr. Cruz: I also -- Igo green. You know what we got to do? Nine letters. Made in the USA (United States ofAmerica). When we start saying in the labels "Made in the USA" -- Chair Sarnoff I agree with you. Mr. Cruz: -- we'll solve all these problems, all these -- Chair Sarnoff All right, so -- Mr. Cruz: -- economist from Harvard and -- Chair Sarnoff -- you are rec -- Mr. Cruz: -- (UNINTELLIGIBLE) College and all that. Chair Sarnoff You're done, right? Correct? City ofMiami Page 34 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Cruz: Yeah. Chair Sarnoff But you're recommend -- Mr. Cruz: So far. I recommend -- Chair Sarnoff -- that we accept this? Mr. Cruz: -- an increase because we paying less and less for electricity now. Chair Sarnoff All right. So this gets the Cruz endorsement. Mr. Cruz: (UNINTELLIGIBLE). Sure. Chair Sarnoff All right. Mr. Cruz: You know, I'm also -- Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes. Commissioner Gort: May I ask him a question? Mr. Cruz: -- you know, the -- FPL is a very good company. Commissioner Gort: Mr. Cruz. Mr. Cruz: I got family working there too. Commissioner Gort: Mr. Cruz. Chair Sarnoff Wait, wait. Stay at the podium. You're getting a question. Commissioner Gort: You say your bill -- your monthly bill for the FPL was how much? Mr. Cruz: Hmm? Eighty-three forty. Last month I paid -- last year I paid close to $200. Commissioner Gort: I'm wanted to sit down with you so you tell me how you do it. Mr. Cruz: But I do mitigation, insulation -- Commissioner Gort: Miners double that. Mr. Cruz: -- everything. You got to follow. You got to be an engineer. Chair Sarnoff If you haven't seen Mr. Cruz's house, he has a windmill and he also has solar power. Mr. Cruz: Yeah, right, solar power, everything. The fan -- you know, the fan, hand fan. Chair Sarnoff All right. Anybody else wishing to be heard on S -- on FR.1 ? It's a public hearing. Public hearing is open. Public hearing is closed, coming back to this Commission. Commissioner Carollo, you look like you're recognized for the record. City ofMiami Page 35 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: It's only first reading, so I'm not going to go, you know, over too many of the terms. However, 30 years, that seems awfully long. Do -- I mean, is this the norm? Are other municipalities doing 30 year agreements? Or what's the norm? 'Cause 30 years, especially when we're talking, you know, FPL or we're talking technology, it seems awfully long. Mr. Bockweg: Commissioner, from the franchise agreements that I've researched, 30 years is the norm. It is also my understanding that all franchise agreements, it is 30 years. Be mindful that this franchise agreement is nonexclusive, so we do have the ability to go outside and get better offers from a third party, and then, obviously, FP&L would be required to match that or better, those terms. So we have the possibility, if technology increases or gets better, to change that accordingly with the times. Chair Sarnoff All right. Vice Chair Carollo: I'll yield. I'll -- go ahead. Chair Sarnoff Commissioner Gort or Commissioner Dunn? I -- you corrected some parts of the agreement that I had issues with. The first was I think you created something called most favorite nation trade status, which means that if any municipality -- is it in the state of Florida or in the South Florida region? Mr. Bockweg: Any -- the way it's written in the franchise agreement, any municipality and county within Broward and Dade County. Chair Sarnoff All right, so in our area -- that gets a better agreement, we immediately are able to renegotiate to that level? Mr. Bockweg: That's correct. Chair Sarnoff The other -- I mean, like the Vice Chair, I was concerned that we're putting ten years out -- I'm sorry, thirty years out there on -- seems to me technology changes almost on a bi-yearly basis. I buy a computer today, two months later it's out-of-date. And my concerns or his concerns, which is, in 20 years, in 10 years, are we still going to be using power lines? Are they going to look the same? Are they going to be the same? Is itgoing to be the same power source? Is itgoing to be something that we want to tie ourselves to? You've changed the agreement such that if there is a different power source out there and we choose to use it, FP&L has the option of matching it, but if they don't match it, we can go with the new power source. Mr. Bockweg: That's correct. Chair Sarnoff The only area that brings any concern to me, and I know it's something you tried to negotiate -- well, there's two other concerns -- but there's -- I know it's something you fried to negotiate for and that is, we give up the easement to FP&L, who then sub franchises or sub -licenses that agreement to BellSouth, to AT&T (American Telephone & Telegraph), to Comcast, I don't know if there's anyone else, and then they make money on our easement, and we don't have the right to enjoy the fruits of those easements. So we don't get a percentage. We don't get some sub -rent off that. Mr. Bockweg: The way it's structured right now, that is correct. That is something that we tried to negotiate as part of this franchise, but the way it's drafted now, that's not included. Chair Sarnoff And they have dug their heels in on that negotiable point? Mr. Bockweg: Yes, sir. City ofMiami Page 36 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Okay. My last issue -- and just so I can put FPL on notice, we have an enormous number of what call double pole issues in the Grove, and I've been working with them now for over one year to get rid of the double poles. And if you gentlemen have it too -- Commissioner Gort: Yes. Chair Sarnoff -- I would hope you go on record -- I will vote for this today. I will not vote for this again until the double pole scenario is resolved 'cause you get plenty of promises, you get plenty of actions, and the irony of irony is, right in front of my house, in front of a park entrance, they broke the street up, broke a double pole up, they left a cone there for almost three weeks, a wheelchair fell into it and the man broke his shoulder, and that's right in front of a Commissioner's house. You would think they would be sensitive to at least the park entrance and/or where that is. And I'm putting them on notice that if there's still a double pole situation out there, I will not vote for this again. It's time for them to take down the double poling situation to get their sub tenants -- I understand they're going to tell me it's an AT&T issue, it's a Comcast issue. Well, guess what? They're the tenant or they're the landlord of that pole, so let the landlord be on notice that if they don't get their act together and force these people into compliance -- let's get these double poles out of there. Let's not leave holes around. And the last thing I'd like to bring to their attention -- I don't know if this annoys anybody else on this Commission. Everybody's got to mark up the streets with all this spray paint and they tell us it'll go away in three weeks. Well, you know what? It doesn't go away in three years. And ifyou go up and down Biscayne Boulevard, I'm talking the view corridors, there's no desire not to mark up our streets. And I wonder if that helps promote graffiti or I wonder if that just helps -- and I can't believe where we are today with the President talking about going to Mars, that we don't have a better system than marking up our streets for two or three years. You know, I can't believe there's not something else out there that they could create. So I want to put them on notice of the three things I'm going to be looking for, and that's double poling and that's the restrictive use of just willy-nilly spraying -- and right in front by my house I have this great, big sign that says FP&L pole number seven. Okay. I figured they knew it was a number seven pole, but now everyone in the world knows that, and it will be there for three years. Mr. Bockweg: I will pass on your concerns, Commissioner. Chair Sarnoff Yeah, I know. Everybody says they're going to work with us, I know. Commissioner Gort: I think someone here from FP&L is willing to answer. Mr. Bockweg: Yeah, FPL is here. Chair Sarnoff Is Eloy here? Commissioner Gort: Yeah. Chair Sarnoff I hate to yell at Eloy 'cause he's the nicest man in the world. Eloy Villasusu: Thank you, Mr. Chairman, and thank you, Mr. Cruz, for your kind words. Chair Sarnoff Just state your name for the record, Mr. Villasusu. Mr. Villasusu: My name is Eloy Villasusu. I'm external affairs manager of the Florida Power & Light at 9250 West Flagler Street. I just wanted to let you know, Commissioner, that we're working very hard with Public Works on the poles. I wanted to clarify a couple of things. The pole in front of your house is not our pole, sir. It belongs to another utility. Everybody thinks that all the poles are ours. Really, about 55 percent of the poles are ours, so it's not just electric City ofMiami Page 37 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 utility. Also, for clarification, the other utilities are not tenants of ours. We have a joint use agreement. They don't pay us for it. And you do have franchises with telephone and with cable, so you do have franchises for them to use those easements. They're not FPL easements. They're utility easements to be used by all utilities, cable, telephone. We don't get any money from it, you know, and they're not our easement and they're not our tenants. We need to work together on making it happen. You know that we have been working very hard, sir, in making that happen in your district, but it is complicated when somebody changes a pole for three utilities to design jobs to transfer it. So we are doing -- working with Public Works from the City ofMiami, coordinating those efforts and we will continue to work on those, sir. Chair Sarnoff Thank you, Mr. -- Mr. Villasusu: You have my pledge on that. Chair Sarnoff I appreciate that. Mr. Bockweg: Mr. Chairman. Chair Sarnoff Yes, sir. Mr. Bockweg: IfI may. I just want to make sure we put on the record that I'm sure everybody's aware that the actual current contract does not expire until 2013. One of the reasons why we had moved forward to put this before you now is because of the estimated lift in revenue, about $3.5 million -- Commissioner Gort: Yeah. Mr. Bockweg: -- with the current agreement. Chair Sarnoff No. This is a good deal for us. The City Manager and the Mayor are to be commended. They took the bull by the horns and they're going to be able to help close the deficit by doing this. I hope he does it -- now I've just learned for AT&T, Comcast, any of the poles out there that might be somebody else's poles, let's bring those franchises back here. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Just for the record, too, Mr. Chairman, I believe the first portion of your comments has to do with Moore's law. Mr. Bockweg: Moore's law? Commissioner Dunn: Moore's law, yes. Mr. Bockweg: Okay. I'm not familiar with that law. Commissioner Dunn: Okay. Chair Sarnoff What is Moore's law? Commissioner Dunn: Well, it addresses the issues in terms of how the contracts are negotiated. I mean, I have to go into depth with you on -- we'll talk about it off the record. Chair Sarnoff Okay, okay. I know you only get what you want when you have leverage. I do know that. And I know the next time I want to address FP&L, I will have no more leverage as soon as the second reading comes, so I do understand that. Any other Commissioner wishing to comment? All right, gentlemen. It is -- City ofMiami Page 38 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Gort: Move it. Chair Sarnoff -- an ordinance, Madam City Attorney. Andl -- didl close the public hearing? Okay. Commissioner Gort: Move it. Julie O. Bru (City Attorney): This is an ordinance of the Miami City -- Chair Sarnoff Oh, wait. We didn't have a motion. I apologize. Commissioner Dunn: No, we didn't. Chair Sarnoff We did have a motion? Commissioner Dunn: No. Vice Chair Carollo: No. Chair Sarnoff Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner -- Commissioner Gort: Dunn. Chair Sarnoff -- Dunn. Commissioner Dunn: Dunn, okay. Chair Sarnoff All right. Now you have your motions. Go ahead, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Mr. Bockweg: Thank you. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passes, 5-0. Chair Sarnoff All right, FR.2. Ms. Latimore: With substitution 'cause I do have a substitution. Chair Sarnoff As substituted. Ms. Latimore: As substituted. FR.2 10-00497 ORDINANCE First Reading City ofMiami Page 39 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO Commissioner REQUIREMENTS OF FOUR -FIFTHS (4/5THS) VOTES AMENDING CHAPTER Richard Dunn H 2/ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST", MORE PARTICULARLY BY AMENDING SECTION 2-614, ENTITLED "WAIVER OF REQUIREMENTS OF ARTICLE", ARTICLE XI/SECTION 2-884, ENTITLED "BOARDS, COMMITTEES, COMMISSIONS/MEMBERSHIP ON BOARDS:" CHAPTER 18/ARTICLE III ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE, MORE PARTICULARLY BY AMENDING SECTIONS 18-85, 18-89, 18-90 AND 18-92 AND CHAPTER 38/ARTICLE VI, ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST", MORE PARTICULARLY AMENDING SECTION 38-233 TO CLARIFY THE DEFINITION OF THE FOUR -FIFTHS (4/5THS) VOTE REQUIREMENT FOR ALL SECTIONS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00497 Legislation FR/SR 5-13-10 .pdf 10-00497 Summary Memo SR.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, 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 FR.2. Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I'm prepared to move this item. This is to establish what constitutes a four fifth vote or a quorum. As you know, back in December, we had some extenuating circumstances and once this is clarified, at least the business of the City can move forward and we will not be stymied. Chair Sarnoff All right. So we have a motion on FR.2 by Commissioner Dunn. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. I will open it up to a public hearing. It is the establishment of what four fifths mean in the City ofMiami. Public hearing is now open. Anyone from the public wishing to step up? Seeing none, hearing none, coming back to the Commission. The public hearing is now closed. Commissioner Dunn: Mr. Chair, I think -- Chair Sarnoff Oh, I'm sorry. Grace Solares: Grace Solares, 60 Southwest (UNINTELLIGIBLE) Road. This is with respect to four fifth, changing it to four -- from four fifth to a quorum of three, correct, in the event -- with respect to appointment to boards, correct? This is what we have? Chair Sarnoff Does it go down to three or is itjust --? Commissioner Dunn: It -- well, they have to have three. Three is a quorum, yes. City ofMiami Page 40 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff So three out of three becomes a four fifth? Is that --? Ms. Solares: Correct. Commissioner Dunn: Pretty much, yes. Julie O. Bru (City Attorney): Exactly. This is for City Commission action, not for the boards. This is for City Commission action. And I think from time to time when you have to waive, for example, membership on a board where they've served more than the term limit, it comes back to the Commission for a four fifth vote. Well, in this case, it would be a unanimous vote if there was only a quorum available to vote. Ms. Solares: Right. But I think it has to do -- from what I was reading, it has to do also with respect to people who do not live in the City and things like that, correct? This is the issue that I fought so hard -- and you were here, Commissioner Sarnoff -- when some Commissioners here, Gonzalez, Spence -Jones, and Commissioner Sanchez were trying to actually change the residence requirement for the PAB (Planning Advisory Board). And I told them that it's very important -- it's extremely important for a member of any board in the City to be a resident of the City or somebody who does business with the City because a person who votes there with recommendations to you, they have -- when they leave here, they have to live with the impact of their votes. Somebody coming from Fort Lauderdale or Hialeah or whatever, they can go ahead and do it. So -- Commissioner Dunn used the words "it is not broken, let's not fix it" about ten minutes ago. I think it applies as well. Be careful. We right now have five wonderful gentlemen here, but we have elections coming up in about six months, so we may have two different people in here and you -- well, I think you'll stay next year. I think -- Chair Sarnoff Actually -- Ms. Solares: -- you may be reelected -- Chair Sarnoff -- I got one more year. Ms. Solares: -- from what I hear. Commissioner Gort: Oh, I'm getting news that I -- Ms. Solares: But in any event -- Commissioner Gort: -- might not be here. You think I might not be here, oh. Ms. Solares: You may not be here, you may not be here -- Commissioner Gort: Oh, okay. Ms. Solares: -- but we have to think about those things. Right now we have very honest people - Commissioner Dunn: Yeah. Chair Sarnoff But I'm -- Ms. Solares: -- but we have to just -- Chair Sarnoff -- curious -- City ofMiami Page 41 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Solares: -- look back six months ago -- Chair Sarnoff I'm going to let him address you, but -- go ahead, Commissioner Dunn. Ms. Solares: -- and see who (UNINTELLIGIBLE) here. Commissioner Dunn: No. I want to -- and I -- your point is well taken, butt want to kind of yield to Julie on this, Ms. Bru, because -- our Madam Attorney, but this is primarily to address the issue of vacancies, and I'll let her explain that. Ms. Solares: No. Ms. Bru: I think that -- keep in mind that this would deal with an extraordinary circumstance. This is not intended probably to occur with any amount of frequency because it would be a unanimous vote of a quorum, and we could have three Commissioners, but only in the event of abstentions, vacancies resulting from a resignation, death, suspension, or physical incapacitation. The chances of something like that happening are very, very, very rare. I know that we just had it happen, and that's why we're all kind of you know, shell-shocked, but quite frankly, this is something that probably, you know, doesn't happen very frequently. Ms. Solares: I know, but I think we have to be very cautious because of what we had six months ago and you were here. Chair Sarnoff But I'm a little curious how this -- the scenario you just painted in front of this Commission a moment ago, how does that affect the Planning and Zoning Board or the Zoning Board when we act --? My understanding of this is that three -- four fifths votes are now interpreted as a unanimous vote. Ms. Solares: Right. Vice Chair Carollo: No. Chair Sarnoff Am I wrong? Ms. Solares: No, no. Ms. Bru: Only -- four fifths votes -- Chair Sarnoff Right, under certain circumstances. Ms. Bru: Right, under certain circumstances would be that if you have a quorum and you can conduct business, you could, you know, approve something that would otherwise have required that super majority with a unanimous vote of the quorum. Chair Sarnoff But how does that change the residency requirement? Commissioner Gort: It doesn't. Ms. Bru: No. It doesn't change it. Commissioner Gort: It doesn't change at all. Ms. Bru: It's just that -- Chair Sarnoff Right, so -- City ofMiami Page 42 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Bru: -- we are inserting this language in several sections of the Code -- Chair Sarnoff Right. Ms. Bru: -- including the section of the Code that deals with waiving residency requirements for board membership, which now requires the four fifth vote. Ms. Solares: Right. Chair Sarnoff Oh, I -- so your point, Grace, is that under that scenario, there could be three Commissioners that could change -- Commissioner Gort: Residential requirement. Ms. Solares: That's correct, sir. Chair Sarnoff -- the residency requirement? Ms. Solares: And I think there should be four of you, not the three caballeros that were here before that were doing anything they wanted. Vice Chair Carollo: Mr. Chairman. Ms. Solares: Thank you. Chair Sarnoff Yes, sir. You're recognized. Vice Chair Carollo: I think what Grace is saying, in a scenario, let's say that I would be absent and Commissioner Suarez would be absent, three Commissioner [sic] could override that four fifth, and I think that's her -- I think that's what she's mentioning. And just for clarification, I understand if there's only three Commissioners, a unanimous vote will override that four fifth. What about if there's four Commissioners? And my question is to the City Attorney. Ms. Bru: Just a point of clarification. The language that was inserted here would not deal with just being absent. It's abstentions, if it's somebody that were to be otherwise present but has a conflict of interest and has to abstain from voting. So it doesn't deal with the fact that somebody just, you know, leaves early from the meeting or something like that. It would be an abstention. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: Follow up question, Julie. So if there's four Commissioners present, do -- does it have to be a unanimous four Commissioners or would then -- would it --? Ms. Bru: That continues to be a requirement of a four fifth vote, yes, 'cause you could then comply with the four fifth requirement 'cause there's four of you. Vice Chair Carollo: So the only real change is, if there's only three Commissioners, then it could override the four fifth by those three Commissioners voting unanimously? Ms. Bru: Right. And if there's only three Commissioners due to death, vacancy, physical incapacitation or an abstention because of a conflict. City ofMiami Page 43 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yes, sir. You're recognized. Commissioner Suarez: Thank you. Madam Attorney, would it be prudent to clarify the language and say abstention due to conflict of interest so that there's no ambiguity as to whether it's an abstention --? Ms. Bru: Well, technically, an abstention from voting is 'cause there's a conflict, but we can make it absolutely clear and just bring that back on second reading. Commissioner Gort: Mr. Chairman. Chair Sarnoff Go ahead. Commissioner Gort's recognized. Commissioner Gort: No. My understanding -- 'cause I wanted to appoint a doctor to the hospital board that we have. He does have a business within the City ofMiami. He has a business in my district, and he was not allowed because he did not live in the City ofMiami, so we do have a residential requirement. And I was told I could not ask for a waiver on the residential requirement on that issue. Ms. Bru: Again, this is not going into the particulars of when a waiver for residency can or cannot be made. This is just the voting requirements. Commissioner Gort: Okay. Ms. Bru: So if there could have been a waiver through a majority vote, now the majority vote is described with an additional condition. Chair Sarnoff Well, is there a waiver? I mean, that's a fair statement. Is there a waive --? I wasn't even aware you could waive the residency requirement. Ms. Bru: Some you can -- Vice Chair Carollo: Yes. Ms. Bru: -- some you can't. Vice Chair Carollo: Four fifth. Chair Sarnoff And -- Commissioner Gort: Depends on the board. Chair Sarnoff -- Planning Board, can that be waived? Ms. Bru: I don't know. I would have to look at that. Commissioner Gort: I was told -- I was informed it couldn't be waived. Chair Sarnoff Could the Planning or Zoning Board be waived? Ms. Bru: No, you can't. Commissioner Gort: No. City ofMiami Page 44 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Bru: You can't waive those. Chair Sarnoff You cannot. Commissioner Gort: You can't. Chair Sarnoff Okay. Commissioner Gort: They have to be registered voters. Chair Sarnoff And how about this, under Miami 21, PZAB (Planning, Zoning and Appeals Board), can that be waived? Ms. Bru: No. You have to be an elector of the City. Chair Sarnoff Okay All right. Anybody else from the public wishing to be heard on FR.2? All right. Hearing none, I'm closing the public hearing, coming back to this Commission. What is your pleasure? Commissioner Dunn: So moved. Chair Sarnoff All right. We have a motion by Commissioner Dunn. We have a second -- Commissioner Gort: I'll second. Vice Chair Carollo: It's -- there's already -- Commissioner Dunn: Yeah, we had already -- Chair Sarnoff Oh, there's been -- Pamela L. Latimore (Assistant City Clerk): It has been moved and seconded. Chair Sarnoff I'm sorry. I apologize. Commissioner Dunn: No problem. Chair Sarnoff All right. Any further discussion, gentlemen? All right, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Latimore: Roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Vice Chair Carollo? City ofMiami Page 45 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: Yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff I'm going to say yes. And if anybody wishes to give me any information that could show this is problematic under any scenario, please do. It's first reading. Ms. Latimore: The ordinance passed on first reading, 5-0. FR.3 10-00488 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), BY AMENDING DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD,"TO UPDATE THE MEMBERSHIP COMPOSITION, THE QUORUM REQUIREMENTS, AND THE REMOVAL OF MEMBERS; MORE PARTICULARLY BY AMENDING SECTIONS 2-1251 AND 2-1254 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00488 Legislation SR.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, 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, FR.3, and then I guess we'll break for lunch, gentlemen. You read --? You know what? It's my ordinance. What it simply is, it's the Coconut Grove Business Improvement District. It's their requirement for quorum. It just needs to now coincide with the bylaws that we adopted. So it's -- Commissioner Suarez: So moved. Chair Sarnoff Thank you. Vice Chair Carollo: Second. Chair Sarnoff We have a motion. We have a second. Public hearing is open. Anyone from the public wishing to be heard? Public hearing is closed. It is an ordinance, Madam City Attorney. Julie O. Bru (City Attorney): Yes, Commissioner. By the way, did you want us just to put on the record that we're going to clarify the --? Chair Sarnoff Let's do it between first and second -- Ms. Bru: Okay. Chair Sarnoff -- if we need to. Ms. Bru: We will. City ofMiami Page 46 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passed on first reading, 5-0. END OF FIRST READING ORDINANCES City ofMiami Page 47 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 RESOLUTIONS RE.1 10-00107b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING IN ITS ENTIRETY RESOLUTION NO. 10-0164, ADOPTED APRIL 8, 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. 10-00107b Legislation.pdf 10-00107b Exhibit.pdf 10-00107b Exhibit 2.pdf 10-00107b Exhibit 3.pdf 10-00107b-PowerPoint Presentation -Affiliated Computer Services Inc .pdf SPONSOR:CHAIRMAN SARNOFF Motion by Vice Chairman Carollo, 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-10-0170 Chair Sarnoff Do you gentlemen want to try to take RE.1 and maybe RE.2 before lunch? What's your pleasure? Vice Chair Carollo: Mr. Chairman, if you remember, I try to encourage -- Chair Sarnoff Is it bad timing? Vice Chair Carollo: -- no -- the board -- I fried to encourage the special committee, budget committee, to meet on Friday, and it was, you know, mentioned that everyone preferred or at least the majority or -- the bottom line is they met on Thursday when we have Commission meeting. Chair Sarnoff All right. Vice Chair Carollo: It's currently running, and I think it's important that -- Chair Sarnoff All right, so gentlemen -- City ofMiami Page 48 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: I would like to attend. Commissioner Gort: RE.1, I don't think is any problem. Chair Sarnoff It is not. Commissioner Gort: It's -- Chair Sarnoff You want to do a quick one? Commissioner Gort: Yeah. It's a quickie. Chair Sarnoff RE.1. RE.1 is a resolution that's changing the MiMo (Miami Modern) Business Improvement District, remapping. Is there somebody who would make a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right. There's a motion for RE.1. Commissioner Gort: Second. Chair Sarnoff Public hearing -- there's a second. Public hearing is open. Mr. Tim, great presentation. Public hearing is now closed. It's a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Unidentified Speaker: Thank you. Commissioner Gort: That's the best presentation you've ever made. Chair Sarnoff Never snatch -- all right. RE.2 10-00262a RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT, WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY OF MIAMI TO ISSUE A LIMITED NOTICE TO PROCEED PRIOR TO THE SALE OF THE SPECIAL OBLIGATION PARKING REVENUE BONDS FOR CERTAIN CONSTRUCTION SERVICES, INCLUDING BUT NOT LIMITED TO THOSE DETAILED IN "ATTACHMENT F", ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $3,000,000 OF THE APPROVED GUARANTEED MAXIMUM PRICE OF $75,000,000 ("GMP"), RESULTING IN NO CHANGE TO THE GMP; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. B-30648 AND B-30153J. City ofMiami Page 49 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 10-00262a Legislation.pdf 10-00262a Exhibit.pdf 10-00262a Exhibit 2.pdf 10-00262a Summary Form.pdf 10-00262a Text File Report.pdf 10-00262a Text File Report 2.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, 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-10-0172 Vice Chair Carollo: RE.2. Chair Sarnoff F -- RE.2. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I asked for a couple of extra numbers just to -- for verification purposes. Nothing to be alarmed, but could we just table this to later on, if possible? Chair Sarnoff Sure. Vice Chair Carollo: Thank you. Chair Sarnoff Do you want to hear this at -- what time? Vice Chair Carollo: When will -- RE.2 -- you be back? 5:15? Chair Sarnoff Okay. Vice Chair Carollo: Thank you. Thank you. [Later..] Chair Sarnoff All right, do you want to go to RE.2 now? All right, so RE.2. RE.2, this is our last regular agenda item. This is on the Marlins Stadium. RE. 2, I believe it's you, Mr. City Manager, that is presenting. Carlos A. Migoya (City Manager): Thank you very much, Mr. Chairman. What we're trying to do here is help facilitate the starting of the building of the garages on time, which I believe there's a commencement date that it was scheduled for was May 3. We're in the process -- we received the audited statements yesterday, Mr. Vice Chairman, just for the record, through the Chair, but -- we have all the documentation right now. We're going through the bonding issue. The scheduled date for the bonding at this point is to -- for them to go to sell will be on May 24. So from a timing perspective, what we would like to be able to do to facilitate the notice of commencement to start on May 3 is to give them an allocation of $4 million from funds that we have that are unused at this point in time from other accounts that are infrastructure -type accounts that we can use on a temporary basis that will allow basically three -- up to three months of construction of the garages. The main issue here, as you may all know, is the Marlins Stadium is moving right on target, on schedule, and the ability for them to build the garages on time will help facilitate the logistics of moving everything around as the garages are being built City ofMiami Page 50 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 and the stadium at the same time. So what we're requesting here is, we will use $4 million or have four -- up to $4 million available, but probably won't use that much. Once the bond sell happens, we will replenish the $4 million back into the respective accounts and use the money from the bonds to do the construction. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, before I ask a few questions, I want to state that we should have never have been in this position because our financial statements should have been issued on time. So I just want to make that clear for the record. You know, this should have never happened. And I stated before March 31, you know, that when our financial statements going to be issued because we should have never been in this position. However, this is where we're at and we need to move forward. And as I've stated, I think it will look very bad on the City if the Marlins are able to build the stadium on time and, once again, government cannot build something on time. Therefore, that's why we are here today in this situation. With that said, Mr. Manager and Ms. Gomez, where are all the -- where is the funding coming from for the $4 million? Diana Gomez (Director): Diana Gomez, Finance Department. Funding has been identified in two projects, and I'll just put the project numbers on the record and we'll talk about the detail of the funding sources. It's Project B-30648, which is entitled "Orange Bowl Site Parking Garage." And Project B-30153J, "Orange Bowl/Marlins Redevelopment." Those are the names of the projects. Those two projects have available funding at this point uncommitted dollars that are greater than $4 million. Those fundings came from Orange Bowl ticket surcharge balances, MSEA (Miami Sports & Exhibition Authority) contributions to capital, Miami -- CDT (Convention Development Tax) from the County, as well as Sunshine State loan dollars. And within those four categories there is over $4 million available and will be moved over to -- or set aside for this contract amendment, I guess, for lack of a better -- and will be -- will then be replenished when the bonds are sold. Vice Chair Carollo: And that was my second question. I want to verify that once the bonds are sold that these accounts will be replenished with monies from the bonds? Ms. Gomez: That is correct. Vice Chair Carollo: And it will not exceed, I think it's called GMPs, which is 75 million, correct? This is not in addition to 75 million. This is going to be within the 75 million. And I understand that it may be less, so I don't want to get into details, butt just want to make sure that it will not exceed 75 million? Mr. Migoya: It will not exceed the 75 million, and it's all part of the money within the bond. Vice Chair Carollo: Thank you. And have another question. Madam City Attorney, are all these funding sources eligible for the parking garage project? Julie O. Bru (City Attorney): I really haven't had a chance to review this, but did have one of my attorneys. I haven't done it myself personally, but know they've worked with one of the attorneys in my office that does the bond work, and I know we looked at the Sunshine State money and there was a provision there for citywide parking, so it's eligible. And then the other sources that you mentioned, the CDT, clearly eligible. I don't know about the other source that you mentioned with -- okay. Well, if my attorney from the office has reviewed this, then, yes, City ofMiami Page 51 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 they're eligible funds. Vice Chair Carollo: Okay. I want a more clear answer. Are all the funding sources that Ms. Gomez mentioned eligible for this project? And if not, we could table it. I mean -- but want to verify. Ms. Bru: I am being told by the Finance director that she spoke to Robin Jones -Jackson, who is the one who reviews all funding sources that deal with bond proceeds. She also looked at the CDT source. And if Robin said that she reviewed them -- and I know I think she even spoke with Jolinda (phonetic), the outside counsel that did the bonds for the Sunshine State loan pool, so I trust that Diana spoke to the attorney and that these are eligible funds. Vice Chair Carollo: Thank you, ma'am. That's all I have -- that's al the questions that have right now. I don't know how you want me to proceed, Mr. Chairman. I'm ready to make a motion. Chair Sarnoff Well, let me open up a public hearing. Public hearing on RE.2 is now open. Anybody wishing to present on RE.2, please come up to the podium. Let me just say this. If you intend on speaking, get to the podium now, so -- Mariano Cruz: Yes. Chair Sarnoff Go ahead, you're recognized for the record, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am here representing also a reporter for Buenos Dias Miami (UNINTELLIGIBLE) in Comcast (UNINTELLIGIBLE). You know, tomorrow I do the reporting because the public that is not here got to know about this -- all this mumbo jumbo. I look at the back-up material, yeah, and you got here include -- "but not including everything." So it means I can go -- you know, we bailing-- we helping a millionaire's club? Look at all these ball players. Some of those (UNINTELLIGIBLE) for $5 million or $4 million, and we helping them, making Loria and the people more rich? What is the City that we don't even have finance inspector now. (UNINTELLIGIBLE). They lay off the Finance inspector that collect the revenue outside and the sanitation inspector. Oh, I know because people call me and complain. They don't come here, but come here and complain, and then go on the TV (Television) and the radio and let them know not only -- I don't even write to the Herald only. I go on TV and radio and tell them what's going on because that's my right under the First and the Fourteenth Amendment of the Constitution and, you know, to petition the government for a redress of grievances, and we got plenty of grievances, plenty of grievances. Chair Sarnoff Thank you. Are you done? Mr. Cruz: Yeah, I'm done. Chair Sarnoff Okay. Ms. Solares, you're recognized for the record. Grace Solares: Thank you, Mr. Chairman, Commissioners. Yesterday afternoon, I was at the office andl received a copy of the Herald's afternoon article ofMr. Robin wherein the City Manager was asked where was he getting these $4 million from, and he said it was a combination of tourist tax dollars, ticket surcharge, and Homeland Defense money. I have it right here. I got up immediately and went to our file room, and in those five lateral that we have there full ofMarlins documents, et cetera, I pulled out the Florida Statute 125.0104. In (5) it says authorize uses of revenue. If he, indeed, made a mistake, though, and instead of saying TDTs (Tourist Development Taxes) were CDTs, not sure. I want to address both issues. The Florida Statute says that TDT, the tax development tax -- the Tourist Development Taxes can only be used for -- to acquire, construct, extend, enlarge, model, repair, improve, maintain City ofMiami Page 52 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 operator, promote, or one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, auditoriums, and museums. There is nothing -- Mr. Herrera has given me his time. Chair Sarnoff Go ahead, go ahead. I -- this is important. Ms. Solares: And Mr. Elvis Cruz has given me his time. So, therefore, pursuant to Florida Statute, you cannot use TDT for a garage. Florida Statute. Then, when I saw this morning in something that I read here that could be T -- CDTs, I went and got the Article VI, Convention Development Tax, from the ordinance of the City of -- of the County, Miami -Dade County, and it says here applications of revenues from CDT, and it says all tax revenues are and any interest accrued thereon received pursuant to this section shall be used as follows. And number two says, the portion received by the authority designated by the City ofMiami shall be used to construct a new multipurpose convention/coliseum/exhibition center. There is nothing here that says to you that you can use any CDT money to build any garage. I therefore -- I then thereafter went looking for some attorney general's opinion where it tells you that -- it says here on this one, which is AGO (Attorney General Opinion) 91-62 -- Chair Sarnoff I'm sorry, what's the number? Ms. Solares: Attorney -- number -- attorney general opinion 91-62. The Legislature has provided for using tourist development tax revenues to construct certain facilities which do not include boat ramps and parking facilities. Further, I went looking for another attorney general opinion, in which this one -- in this particular case, they're frying to utilize -- listen carefully -- you're trying to utilize monies that were left over either from Orange Bowl, TDT either, or monies that you may have -- thatMSEA (Miami Sports & Exhibition Authority) may have received with respect to CDTs. And then since you had a leftover because you didn't use it or they're still there, this attorney general opinion tells you whether tourist development plan -- Chair Sarnoff What's the number of the opinion? Ms. Solares: This is AGO 2000-29, where the tourist development plan specifies the funding for each of the projects set forth in this plan. Excess funds may not be transferred between such accounts without amending the plan by an affirmative vote of the majority plus one additional member of the Board of County Commissioners. Therefore, sir, I submit to you, you do not have the ability to do this. I have to quote from you, Commissioner Sarnoff, when you filed a memo to this Commission and to the other Administration when you said in your memo "Fear should never govern our actions. Well thought-out debate and policy decisions should prevail as a governing body based on fact and historic merit." I'm telling you, sir, today, as a taxpayer of this City, that if you do not have the $4 million today from a readily accessible, non -violative type of an account, that you don't do it today. The issue of paying $4 million today and your not having secured $75 million, I equate that as to my leaving here today going to Braman, buying a Bentley on the thought that on Friday, I am -- or Saturday, I'm going to win the lotto, is exactly what you're doing here. What in the world is going to happen if you do not get the bonds? What's going to happen if the -- 'cause the same article tells you right here that the change -- the risk factor has changed. Now, it's a high risk. What do you intend us to pay as the debt service for that? What is the interest rate that you're going to have to do that you have to swallow in order to actually go through with this thing? I please ask you to consider do not give this $4 million today until you have the 75 million in hand in order to give to them. You're talking about a month away. What's going to happen? So if it's not ready on December 11, when is it going to happen? On January 11, 2012? I'm asking you to be fiscally responsible. Chair Sarnoff Can I just see your CDT ordnance and your two attorney general opinions? Mrs. Solares. Yes, sir. City ofMiami Page 53 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Bru: Mr. Chairman, while you look at that, I do have to tell you that this issue was already reviewed by bond counsel when we entered into the agreement with the Florida Marlins and Miami -Dade County, and it was already opined that the use of CDT, including the parking garage, was considered part of a stadium use and that was already authorized and reviewed by outside bond counsel. Vice Chair Carollo: Mr. Chairman. Ms. Solares: My whole point, sir, is that -- Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I'm going to say a saying that I've used often here, "I'm not an attorney." But Mr. Chairman, whether it comes from this funding or that funding, whether it's from the lotto, or regardless, are we on the hook for the $75 million? Mind you, I didn't vote for it. I didn't vote against it. I've inherit this. However, I want to make sure that we can proceed and we abide by the contracts and it's done on time. And when I first started speaking, I said we shouldn't be in this situation because there should have been issued financial statements on time. I asked -- and by the way, which is on a discussion item, when I stated all that, two -- actually three of the component units have not come before us and mentioned why they're late. Their auditors have not come before us to mention why they're late. I mentioned three. However, one of them did send me their audited financial statement and a letter, but don't know if we're up here and we -- when we make a direction if it's just, you know, we're snubbed or what. So the fruth of the matter is we shouldn't be in this situation. However, we're on the hook for those 75 million. Ms. Solares: No, we're not, sir. I believe -- I read the contract before coming down here. Because remember, I'm suing the City and the County over the Marlins' deal, and we're filing an amended complaint putting the Marlins into the soup. So I went to my office when you continued it to 5-15, and it says there that if we cannot get bonds, we're off the hook. Vice Chair Carollo: Ms. Solares, I'm not chairing the meeting right now, and I think the Chairman is busy, so I'm just going to stop until the Chairman reorganizes himself. Chair Sarnoff All right. Where are we? Did you -- are you done? Vice Chair Carollo: For now. I mean, I -- Chair Sarnoff Okay. Vice Chair Carollo: I mean, I'm done as far as even ready to vote. However, I want to make sure -- Ms. Solares: Thank you. Vice Chair Carollo: -- that, you know, shouldl have additional questions or ifI -- Chair Sarnoff Let me ask some questions of the Manager. It appears, based on the sheet that you provided to us, that we are using and maybe not reusing, but it is entirely possible we're using Miami CDT $793, 003. And I'm looking at B-30153J. Is that correct? Ms. Gomez: Diana Gomez, Finance Department. There are -- so on the CDT for that project right now the amount that can tell you that is available at this present time is 394, 666. As you see, that's the amount that was funded to that project. However, I don't know exactly what you're City ofMiami Page 54 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 looking at, but if you're looking at the same thing that I am, there were expenditures underneath that. So you see how it says -- Chair Sarnoff I'm not looking at -- Ms. Gomez: -- "uncommitted balance" -- Chair Sarnoff I'm looking at funding sources. Ms. Gomez: Right. So that project did receive 793. However, there has been expenditures to date, so right now in that -- related to Miami CDT in that project, there is 394, 666. Chair Sarnoff There's how much? Ms. Gomez: Three ninety-four, six six six. Three hundred ninety-four thousand, six hundred sixty-six dollars. Mr. Migoya: Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: If it simplifies matter -- 'cause the $4 million was an overabundance of what we really needed here -- if you'd like, we can either amend this to 3.3 or $3 million and say that we're using all the Sunshine loan money, which is -- there is no question whatsoever, and we will just deal with that piece of it to make it simpler. Chair Sarnoff If -- to me, if you make that commitment, it's a different vote for me. I just don't want to get caught up in the -- I mean, I'm being presented right now what appears to be pretty effective argument that suggests you cannot use TDT. I'm not absolutely 100 sure on CDT. Mr. Migoya: We're not using TDT money. Chair Sarnoff Right. Mr. Migoya: We never said TDT. The only -- Chair Sarnoff No. I -- Mr. Migoya: -- one we said was CDT. Chair Sarnoff I think you were quoted, and I think you were quoted in the paper as using TDT. Mr. Migoya: What happened was when I said CDT, the reporter asked "Is that tourist money?" I said kind of. Chair Sarnoff Yeah. I know. I -- Mr. Migoya: That's how I got quoted as tourist money. Chair Sarnoff And I remember doing this research too and there could have been a difference between what you could do with the TDT and CDT money. I think CDT money was less restrictive than was TDT money. And I couldn't even remember if the Beach gets one and doesn't get the other and -- I don't even remember what it was. Mr. Migoya: But we have a ruling to that effect, but I'm saying just make it simpler. Make it for City ofMiami Page 55 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 $3 million; we'll say Sunshine loan, and there's no doubt about that, if it simplifies it for every one of us. Chair Sarnoff It does for me. I mean, it does for me. Mr. Migoya: Yeah. Chair Sarnoff I don't want to be -- Mr. Migoya: And it's -- Chair Sarnoff -- I don't want to -- Mr. Migoya: -- perfectly fine. It still does what we want it to do. We will not use the whole three million, I don't think. Chair Sarnoff Okay. Vice Chair Carollo: And Mr. Chairman, it's going to be repaid soon. I don't want to say within a month or so, but it's going to be, you know, replenished. Chair Sarnoff I understand that, but the proclivity of some taxpayers to go to court has been never understated with regard to the Marlins, and I wanted to be clear in my vote, and I want to make sure that my vote is only on the Sunshine State. I think we have a legal obligation, and that's the point you're trying to make to me. I don't dispute that. I don't want to fall into the trap or the trappings -- and I don't mean this disrespectfully, Mr. Manager -- of what the previous Administration did with the changing and bundling of money. I mean, I've now seen what that can result in. I don't want to be a party to that for any reason. And if you're making a representation to me that three million is all you need and it's coming from Sunshine State, I'm very comfortable. Mr. Migoya: And that is fine. And let me say that -- I just want to make sure. The sale date is scheduled for May 24. How these things work, you know, it could be off by one, two, or three weeks, so that's why we wanted to have -- you know, and it takes a while for -- once the sale happens, we don't get the money that same day. It takes a few days after that. So that's why it may be two months. It may not be a month; it might be two months, so that's why the issue of going and -- what we've estimated that they'll be using it at a million a month for the next several -- first three or four months. That's why we went to four million, but three million does the same thing. Chair Sarnoff All right. Mr. Kurland, you're recognized for the record. Anybody else wishing to speak on this, please step up to an available podium. Nathan Kurland: Thank you, Mr. Chair, members of the Commission. Nathan Kurland, 3132 Day Avenue. Like you, Commissioner Carollo, I inherited this. I didn't get to vote for it. I didn't get to vote against it. Truly, I believe, as many of us do, there should have been a public referendum on the matter of this ballpark. My second issue is that I truly believe that ifMr. Pastorenzo [sic] or Ms. Dougherty were up here and you asked them for a legal opinion, in my six years of coming to Commission hearings, I have never heard either of those attorneys say well, someone in my office said it was legal or not legal. With all due respect to Madam City Attorney and to our City Manager, I truly believe this item should be deferred until we can get an absolute, guaranteed opinion this is legal, 'cause right now we read everyday about money being transferred. And even if it's just public perception, there are many of us who believe that we're heading down the same trail, and I truly believe this matter should be deferred. Thank you for your time. City ofMiami Page 56 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff And just to be clear, Mr. Manager, you're saying that we would be using Sunshine State money? Mr. Migoya: A hundred percent, sir. Chair Sarnoff Okay. Ms. Bru: And I personally reviewed the legislation, both of this Commission and the State legislation of the pool, and it is authorized use for the Sunshine State loan. And with respect to the CDT, I know that there's an issue with that, butt know that in connection with the Marlins' agreement, we did the research. We got opinion from bond counsel. I'm not a bond counsel. We got opinion from bond counsel, and I rely on experts that said that we could use the money for this project. Chair Sarnoff Okay. So -- Vice Chair Carollo: Mr. Chair. Chair Sarnoff Yes, sir, you're recognized. Vice Chair Carollo: I'd like to move the item, amending it for an amount not to exceed $3 million and for all fundings to come from Sunshine State loan monies. Commissioner Gort: Second. Chair Sarnoff All right, we have a motion and we have a second. And Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. When I was briefed on this item, I had a similar concern to what the Vice Chairman has voiced here today on both levels. First, that our commitment to building a garage is (UNINTELLIGIBLE) done at the same time or that we not be the one that are not ready when, you know, the ballpark, which is being built incredibly rapidly - - that, you know, we're not the ones holding up the process. But because of the past and because of the things that have happened, I was very concerned, and I asked at my briefing whether or not the funding source was a legitimate funding source. And I think what the Vice Chairman has asked is an unequivocal statement. We want an unequivocal statement -- and I think that's the only thing that'll satisfy the Commissioners here today -- that the Sunshine State lone funds that we would be using and then replenishing are being used appropriately, in a sense, to advance the construction monies or the monies to pay this construction cost in advance of this bond issuance, unequivocally. Ms. Bru: Commissioner, unequivocally, again, when this item was first reviewed by myself the funding sources were in flux. There was some, as you can see, that were mentioned in the attachment that are not being used because we told them you cannot use Homeland Defense 3. You cannot use it. So they're not using it. With respect to the CDT, we had outside counsel already opine on that that it can be used, but if you have any doubts about it, the Manager has said that he can use Sunshine State loan, and for that, I personally reviewed the legislation and, yes, you can use it. Commissioner Suarez: That's what I wanted to hear. Thank you. Vice Chair Carollo: And Mr. Chairman, one last thing. Chair Sarnoff Sure. You're recognized. City ofMiami Page 57 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: This is actually why it took a little longer to bring up and I asked for some time 'cause I was meeting with the Manager, Finance director, and so forth, in clearing up where exactly the funding was coming from, is it useful, and so forth, and that's why it took longer. And I think now we have, you know, what we all want. And you know, I ask, you know, to call the question. Chair Sarnoff All right. So we have a motion. We have a second. Any further discussion gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Thank you, by the way. Chair Sarnoff Okay. It appears we are at -- Pamela L. Latimore (Assistant City Clerk): Passed as modified? Chair Sarnoff As modified. Vice Chair Carollo: As modified. RE.3 10-00318a RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing CHIEF PROCUREMENT OFFICER'S DECISION TO DENY THE PROTEST OF ACS STATE & LOCAL SOLUTIONS, INC. , AND TO CONTINUE TO UPHOLD THE PROTEST OF AMERICAN TRAFFIC SOLUTIONS , PURSUANT TO RESOLUTION NO. 10-0110, ADOPTED MARCH 11, 2010. 10-00318a Legislation V1.pdf 10-00318a-SUB-Legislation-Version 2 pdf.pdf 10-00318aSubmittal-Glenn Marcos, Purchasing Director.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Carollo and Dunn II Noes: 3 - Commissioner(s) Gort, Sarnoff and Suarez A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to reject all proposals for RFP No. 119057 (Traffic Safety Camera Program) and direct the City Manager to issue a new RFP that is clear and ensures competition and that an outside expert not be hired to assist with the new RFP. Chair Sarnoff All right, RE.3, protest. Glenn Marcos (Director, Purchasing Department): Commissioner, good afternoon. Chair Sarnoff You're recognized for the record. Mr. Marcos: Glenn Marcos, Purchasing director. If we can start the bid protest by perhaps allowing me ten minutes of an oral presentation? Chair Sarnoff I have no problem and I probably have no expectation of time with you guys, but ifI think you're repeating yourself I will move you along. Mr. Marcos: Okay. City ofMiami Page 58 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff All right. Mr. Marcos: One thing I have to forewarn the Commission, my theme will be a common theme, so it'll be extremely repetitive. So if you get the point, just let me know you've gotten the point. Chair Sarnoff We'll give you what's called a 303 analysis in federal court. Mr. Marcos: If you recall, at the March 11 Commission meeting, you heard a protest by ATS (American Traffic Solutions), claiming that the first -ranked firm, ACS and Redflex, were non -responsible firms. An independent assessment conducted by Fabian Kalapach of the firm HNTB (Howard, Needles, Tammen & Bergendoffl revealed that both ACS and Redflex, at the time of RFP (Request for Proposals) submittal -- and I can't stress that enough -- had not installed a nonintrusive, freestanding red-light photo enforcement equipment as specified and required in the RFP. Again, operative words "as specified and required in the RFP." As a result, I determined and the City Commission concurred to upholdATS's bid protest because ACS and Redflex were deemed non -responsible firms and award said contract to ATS. Now today we're affording ACS due process, and you will all hear ACS's bid protest, and I implore you not to let the current protester, ACS, to persuade you or confuse the issue at hand. Let me be clear what the issue here is. The issue is quite simple. It is whether or not the protester, ATS, had installed a red-light photo enforcement equipment at the time of RFP submittal as specified and required by the RFP. You are all reminded that the RFP evaluation selection committee review the responses based on the information provided by the firms at the due date and time. The committee did not and could not have reviewed any further information thereafter. You will hear -- you're going to hear today ACS perhaps present evidence after the fact, which was not part of their response. Further arguments that you will hear ACS probably make today. You will hear today ACS claiming that my reversal of the recommendation made by the evaluation committee and City Manager that would have allowed competitive negotiations with ACS is arbitrary and capricious. That argument falls flat in [sic] its face because it is abundantly clear that my determination ofACS's non -responsibility was based on the due diligence review conducted pursuant to the Code of the City ofMiami, Section 18-95, and of the RFP, Section 1.34C. Said due diligence review and findings was made by the firm HNTB, not myself not the City ofMiami, but an independent firm. Therefore, the protester cannot argue that the chief procurement officer's reversal of the committee's and City Manager's recommendation was arbitrary and capricious when you have an independent study confirming exactly what we found out. You will further hear that ACS -- that the City Commission -- from ACS that the City Commission approval of my recommendation is a clear violation of Section 18-95(b) of the Code ofMiami without so much considering ACS formal protest or provided ACS the reasonable opportunity to rebut the non -responsible determination before it was made final. So I ask you, why are we here today? We are offering them that due process. What is most troubling is that if you recall at the March 11 Commission meeting, I myself after Commissioner Sarnoff -- Chairperson Sarnoff asked whether or not we can proceed with ACS's protest, I said I would want to give them due process, and that's why we're here today. We're offering and affording them due process. As a result, they have proceeded with submitting their formal protest to address the issue of non -responsibility, per Section 18-95(b), by protesting this award. Therefore, reasonable opportunity to rebut the non -responsibility determination is being afforded to them today, and the City in no shape or form has violated 18.95(b), as they will be stating today. You will further hear ACS claim that "to date" they have installed and begun operating 11 noninvasive signal detection -based red-light systems of the exact specifications required under our RFP in cities throughout Florida, including Bradenton and Miami Beach. However, I must remind you of the decision to deem ACS non -responsible was based upon HNTB's assessment, which concluded that ACS failed to submit documentation or references supporting similar services having been performed in the past at the time of RFP submittal. Once again, I must remind you that the City's basis on conducting its due diligence can be found in the City ofMiami Code, the same Section 18-95 and Section 1.34C, determination of City ofMiami Page 59 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 responsibility. Some of the factors listed in the Code and some of the factors listed in the RFP is quite simple. It's right in your face. It can be read in the RFP. Responses will be considered from entities who are regularly engaged in the business of providing the goods/equipment services required by the formal solicitation. Bidder/proposer must be able to demonstrate a satisfactory record of performance and integrity and have sufficient financial material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a bidder/proposer, including past performance, which includes experience with the City or any other governmental entity in making the award. Based on their own admission -- this is coming straight from their formal protest -- they have acknowledged that the noninvasive, freestanding, self-sustaining system was a very new innovation for the photo enforcement industry at the time of issuance of the RFP in December 2008. That came from them. This is ACS talking. This is not Glenn Marcos talking. This is not the City Manager talking, the City Attorney talking. This is ACS acknowledging this. They further stated in their formal protest that it was developed primarily because of the fact that the state of Florida lacked legislation and program cooperation from FDOT (Florida Department of Transportation). ACS further stated that what may have constituted an incremental lead for ATS in Florida did not serve the ATS technology proven as of January 26, 2009. So now I ask, if this is them talking and they're saying this -- this is coming straight from their own formal bid protest -- then I ask, well, who is acknowledging that ATS has an incremental lead? I didn't say that. Is this ATS -- ACS saying this? Is this the industry speaking or is this the industry experts speaking? I also question the following: If others are acknowledging that ATS may have had an incremental lead in the industry at the time of the RFP submittal on the development and installation of this type of equipment, then logically, one might have to believe or make the assumption of their technology -- make the same assumption of their technology, qualification, record of performance, experience, personal resources, and expertise. If at the time of submission ATS had experience in installing this type of red-light camera system and ACS did not, then I would argue that this strikes the very core of the issue at hand of responsibility. It is for this exact reason that I determined -- that I -- that a determination of responsibility is so critical in this procurement. Having full knowledge that this type of technology was still in the infancy stages and this technology could face legal challenges and consequences to the City, I have a duty to protect the City. I serve and, to the best of my ability, ensure that the procurement process allows for the City to receive a proven technology. The protester will argue today and cite two court cases. They'll end up bringing in that the City of Sweetwater versus Solo Construction Corp. In that court case, the court stated that while a public authority has wide discretion in award of contract for public works on competitive bids, such discretion must be exercised based upon clearly defined criteria and may not be exercised arbitrarily or capriciously. Now I say how can they claim that anybody in the City had acted arbitrarily and capriciously when the criteria and standards can be found right in the RFP, right into [sic] the RFP? Furthermore, the requirements of a traffic safety -- of the traffic safety cameras itself is located in Section 3 in the specifications of the RFP. Therein twice, in plain language, it states cameras shall be installed at the selected locations as a freestanding, self-sustaining system and shall operate independent of the County's existing signal system. As a result, ACS, pursuant to Section 1.34C, must demonstrate to the City that they had been regularly engaged in the business of providing the equipment I just mentioned that was specified in the RFP. In doing so, the City may consider any evidence and other qualifications and abilities of a bidder/proposer, including past performance, which includes experience with any other governmental entity in making the award. You and I already know what the findings were by HNTB, and you're going to continue to hear this. That independent assessment revealed and concluded that ACS did not submit documentation or references supporting similar services having been performed in the past at the time they responded to the RFP and completely deemed the opposite ofATS. So once again, ifACS argues that the City has arbitrarily and capriciously exercised its discretion, this is far from the truth. Moreover, it appears that they want for all of us to define past performance to mean eventually up to the date the RFP's awarded and not way back, not way back to the time of the RFP submittal deadline. So if this is the case and if we're going to continue to allow ACS to City ofMiami Page 60 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 submit evidence after the fact, now you tell me when does the procurement process ever end? Because if you're going to do it for them, then we might as well go ahead and do it for others. Commissioner Gort: Or throw the whole thing out. Mr. Marcos: Okay. Commissioner Gort: That's an option. Mr. Marcos: So the protester is going to further cite two court cases claiming that responsibility as opposed to responsiveness may be presented after the bid opening and up until the time of an award. Well, ACS, I have news for you. That's exactly what the City did 'cause the City -- after the responses were due and the evaluation committee made its recommendation and the City Manager concurred, we hired HNTB. And HNTB came back and revealed exactly what we know today, that at the time of RFP submittal, you had no clients, no clients in which you had installed similar equipment in the basis of installing a noninfrusive, noninvasive, freestanding equipment. I think that the due diligence was conducted to review and examine and verify on whether the information provided by the respective firms were indeed true and correct. Obviously, when you have an evaluation selection committee, they're only looking at what's being written and submitted. We have our job to verify whether it's indeed true and correct. And let me remind you, it was here where ACS was given the reasonable opportunity to demonstrate more than their adequate experience prior to the non -responsible determination to satisfy the City's concerns. As ACS indicated in their formal protest, the city of Bradenton, Florida, was installed and operational since August 6, 2009. Well, this is exactly my point. This is after January, when the actual RFP's responses were due. Again, this is after the RFP submittal date, but yet, in their RFP submittal, we had some troubling sightings in that RFP submittal. They ended up listing the city of Bradenton under the header "Experienced in Providing Powerful First Impressions" as defined by -- first of all, they ended up -- let me go back. They ended up under the header entitled "Experienced in Providing Powerful First Expressions [sic]." Well, if you look at as far as the definition of experience, I think experience is the fact or the state of having been affected by or gained knowledge through direct observation or participation, or the practical knowledge, skill or practice derived -- that's past tense -- from direct observation of or participation in events or in a particular activity. So I guess I beg ofACS the following question. How can ACS claim experience for a project yet to be performed? Even more glaring is the ACS statement under the header which says that the following list of projects demonstrates their success in providing a well thought-out project implementation. Now I'm going to end up reading that sentence again. They went on to state that the following list of projects demonstrates their success in providing a well thought-out project implementation. If you look at that statement, it gives the general impression that the project had been completed. But a close examination of the words will reveal what perhaps the evaluation committee could not but the due diligence did. A well though -out project implementation means that it has been designed, but not fully operational and tested. So if I'm sitting as part of the evaluation committee, I can see where I'm reading this, and I do believe that Bradenton is a project that had been undertaken, fully operational and installed. If you want the exhibits, I can go ahead and show you the exhibits. I have the response here. In comparison to ACS's proposal, you have admitted, you being ATS, in your formal protest thatATS had installed a noninvasive, nonphysical, freestanding red-light photo enforcement equipment in the city ofAventura. Well, I think that HNTB confirmed exactly what you just said and what the formal bid protest says. ATS possess such experience by installing similar systems pursuant to the specifications of the RFP by installing similar equipment in several other Florida municipalities, including the city ofAventura. So I'm not sure where is it that ACS can claim that the City engaged in any type of undisclosed reexamination when they, themselves, were contacted by HNTB, and yet never took the opportunity to show otherwise. Today you will hear that they're frying to submit evidence after the fact. And, again, I must remind the City Commission when does the procurement ever end. The protester will probably also incorrectly state that an independent evaluation selection City ofMiami Page 61 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 committee ranked ACS first amongst the five respondents and determined ACS to be qualified, responsive, and responsible. The operative word here is "responsible." I asked how can they end up making that claim when it's the Purchasing Department, not the selection committee members who can decide responsibility? Chair Sarnoff Who's on the committee? Mr. Marcos: I'm sorry? Chair Sarnoff Who is on that committee? Mr. Marcos: We had -- pursuant to the financial integrity principle, you have five -- I believe it was five members. Three of them were external members and two of them from the City, and I can get the names if you need. Brian May: They're right on your screen, Mr. Chairman. Chair Sarnoff Okay. Mr. May: You can actually see on your screen actually who the selection committees [sic] was and what their qualifications were. I think you'll find they're very qualified. Mr. Marcos: Okay. May I proceed now? Mr. May: Absolutely. Mr. Marcos: Okay. So even though -- and I'm going to end up saying that even though certain criteria evaluated by the committee pertains to responsibility, the City has a duty to further examine the validity of the responses and statements submitted by the respective firms. Anybody can write anything and put it in writing and claim to have such experience. It's our duty -- it's incumbent for the City to do its due diligence. A ruling otherwise will not support a due diligence review. It basically will state that the Procurement Department and the evaluation selection committee, once they make their determination, why even go through a due diligence process. Furthermore, ACS will contend that the City's irrational, myopic analysis appears to completely ignore portions of its own code criteria cited in Section 18-95(c). Well, I'm not sure what you mean by that because of the fact that, once again, it's an independent assessment that concluded that ACS was not responsible. Moreover, ACS will continue to claim that the City has not fully complied with this requirement of Section 18-95(d). And, again, I will continue to reiterate the HNTB findings. In conclusion, I will end up stating that the issue here today is very, very simple. ACS was deemed nonresponsive for not having been engaged in the business of providing a freestanding, self-sustaining, noninfrusive, noninvasive red-light photo enforcement equipment as required by the formal solicitation pursuant to the specifications, Section 3 of the RFP, at the time of RFP submittal. While I do believe and have previously stated on the record that this is a narrow ruling and interpretation, my hands were and are still tied because as ACS stated in their formal protest, the noninvasive, freestanding, self-sustaining equipment was a very new innovation for the photo industry -- photo enforcement industry at the time of issuance of the RFP in December 2008 and developed primarily because of -- Chair Sarnoff Wait, wait, wait. Mr. Marcos: -- the fact that the state of Florida -- Chair Sarnoff Slow down, slow down, slow down, slow down. Read back your last sentence. Mr. Marcos: I'm sorry. I'm going to start right from the beginning. City ofMiami Page 62 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff 'Cause I'm trying to listen to what you're saying. Mr. Marcos: Okay. Chair Sarnoff You went too fast. Mr. Marcos: While I do believe and have previously stated in the record that this is a narrow ruling and interpretation, my hands were and are still tied because as ACS did in their formal protest, the noninvasive, freestanding, self-sustaining system was a very new innovation for the photo enforcement industry at the time of issuance of the RFP back in December 2008 and developed primarily for the state of Florida due to the lack of legislation and program cooperation from FDOT. Therefore, the state of Florida was and still is, unlike any other of their typical municipal clients located outside the state of Florida because it is not -- because the state of Florida is not similarly situated under the same predicament. Does -- this distinction of a freestanding, self-sustaining, nonintrusive and noninvasive red-light photo enforcement equipment is not a preference as ACS will state today. It is a requirement, folks. We're here because of the fact that we're in this predicament. There's no way out. My hands are tied. In closing -- Mr. May: That's right. Mr. Marcos: -- the decision to deem ACS non -responsible is clearly correct, fair, logical and expected. Therefore, as the chief procurement officer, I am recommending to the Commission to deny the protest ofACS State and Local Solutions, to continue to uphold the protest ofAmerican Traffic Solutions, pursuant to Resolution 10-0110, adopted March 11, 2010, and rejecting the City Manager's concurrence with the evaluation selection committee's recommendation and findings. Chair Sarnoff What was the last thing you said, rejecting what? Mr. Marcos: And rejecting the City Manager's concurrence. Chair Sarnoff Rejecting the City Manager's -- Mr. Marcos: At that particular time back when we heard the item on March 11, the item was -- the item that was before you was a protest submitted byATS. And ATS was protesting the evaluation selection committee's findings along with the fact that the past or prior City Manager concurred with that recommendation. Chair Sarnoff So you're saying the former City Manager agreed that ACS was responsive? Mr. Marcos: The City Manager concurred with the findings of the evaluation committee -- Chair Sarnoff Of the evaluation committee, which rated -- Mr. Marcos: -- but the responsibility aspect had yet -- Chair Sarnoff Was not done? Mr. Marcos: -- to take place. Yes. Chair Sarnoff So you're -- all you're saying in that sentence is the City Manager agreed with the evaluation committee that rated ACS number one? City ofMiami Page 63 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Marcos: That's correct. Chair Sarnoff Okay. And then you're saying but that evaluation committee did not get into the issue of responsive and responsible? Mr. Marcos: Responsibility, the actual due diligence happens after the fact -- Chair Sarnoff Okay. Mr. Marcos: -- 'cause we want to know who is the first -ranked firm. And instead of conducting due diligence on all the firms, we wait for concurrence by the City Manager so we can proceed with the due diligence. Chair Sarnoff Okay. Mr. Marcos: Okay. In closing, again, for the third time, I will tell you that I have the duty to inform you that pursuant to Section 18-104 of the City of Miami procurement code, the protester can only argue today the specific facts and laws submitted in their bid protest. Anything beyond that is not permissible. Thank you. Chair Sarnoff Thank you. If we do this organized wise, why don't we let you go next and then if they want to respond or reply to your --? Commissioner Gort: Of course they do. Mr. May: Sure. Chair Sarnoff It'll make a little bit of sense, I think. Just state your name for the record, Mr. May. Mr. May: Mr. Chairman, members of the Commission, my name is Brian May, with Floridian Partners, offices at 235 Catalonia, in Coral Gables. First of all, appreciate your indulgence today. And I want to start by saying that ACS is a company understands Mr. Marcos' position very clearly and he has put out here something that he says is very simple, which is if you, as a company, did not have installed at the time of the submission of the RFP, okay, then you could not be found to -- you cannot be found either to be responsible or to meet the minimum qualifications under the RFP. And although ACS does not agree with that interpretation, and I would tell you that all the firms, but ATS, who submitted under the RFP would concur with that, everybody thought that experience under the RFP meant -- and I will just show you very quickly what we believe it meant -- it meant that you had to have experience, significant experience in the red-light photo enforcement industry, but no one read it, and I purport to you no one on the evaluation committee read it, nobody in the CityAttorney's office read it this way, and nobody in the procurement department read it this way. It wasn't until over a year later, at the behest of a bid protest by ATS, was it determined by the procurement director, not by HNTB, not by anybody else, but by the procurement director that it was a bright -line requirement of the RFP that you had to had [sic] installed one of these noninvasive, nonintrusive, freestanding systems prior to the submission date on the RFP. Here is the big problem though with that assertion. The big problem with that assertion is that by definition, there is only one company, ATS, that could possibly qualify for the RFP under that requirement. And I have a tough time believing that it was the intent of this City Commission or the one that preceded it or you would going forward to draft an RFP that would be meant for only one company to qualify under because that is, in effect, sole -sourcing a contract to a vendor. Now we, again, do not agree with the procurement director's assessment that that's what the RFP called for. And we don't believe that because it's not the norm in the industry. No other city in Florida has put forth a bright -line test that said you had to have it installed prior to the submission date. And the reason is because it is new City ofMiami Page 64 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 technology, it is new for Florida, but the other reason is is because all of the top five players in this industry who bid on this RFP and submitted, they are all companies that are in the business of integrating technology in the photo enforcement space. That's what they do. So the three things I'd like to point out to you today is, if you were to take our interpretation and the layman's interpretation of the RFP that you would qualify if you were in the photo enforcement industry, then I find it really hard-pressed to say that ACS, my client, is not qualified under the RFP. We've been in the business for 15 years, okay. We do it all over the country. We do it for the City ofMiami Beach now and Bradenton, Florida, and, yes, even though it was after January 26, 2009, ACS is operating a freestanding, noninvasive, noninfrusive system issuing violations in Florida today. So I think it's a real stretch to say under normal circumstances and a normal reading of the RFP that my client was not qualified or didn't meet the minimum specs or wasn't responsible enough to carry out the solution that they proposed. And I would submit to you that's as far-fetched as frying to stretch a rubber band from here to the moon. It might sort of make sense on paper, but when you fry it, it just doesn't hold up. It just doesn't make sense and it doesn't work. Now I do want to also point out to you that the five very qualified people on this selection committee, they obviously didn't read the RFP the way that Mr. Marcos has purported. And number two, they certainly were not directed byMr. Marcos or the Legal Department that that's the way the RFP should have been interpreted because had they done so, they would have eliminated on the spot the other four firms and only been left standing with ATS. So I point out to you also -- and this goes to the independent expert analysis also. If you look on your screens now, you will see an e-mail (electronic) from one HNTB employer -- employee to another where they are actually asking the question during their due diligence. Is there anywhere in the RFP where it says that the vendors must have cameras in place at time of proposal submittal? If so, where? Chair Sarnoff That's an ATS employee? Mr. May: That is a HNTB employee, the -- Chair Sarnoff So that's a -- Mr. May: -- independent consultant of the City. So the question becomes, first of all, do you really believe that it was the City's intent when the RFP was issued that only one company could qualify under the RFP? I don't believe so. And number two, do you think it's fair for anybody submitting under the RFP to go through a year and three month process from the time that they submitted, okay, and then be told, look, everybody's out under this definition but ATS? Because no one disputes that ATS was the only company that had a freestanding, noninvasive, noninfrusive system installed in Florida or anywhere else on January 26, 2009. Those are just simply the facts. Now I will raise one other issue that I think is really super important. In our bid protest, in the response from Mr. Marcos, he cites, the formal solicitation -- and this is on page 6 of his response -- in the case of this RFP allows for competition. How could that be if only one firm could qualify? And goes on to say disqualification of a firm in a competitive process does not stifle competition; instead, it may prevent a firm from obtaining an unfair advantage or unjust reward. The only firm that's gotten an unjust or unfair reward here because there is, in effect, no competition now is ATS. And they got that advantage through an interpretation of the RFP by the procurement director, and we respect his interpretation. If that's his interpretation, then we all have to live by it, but please, someone should have at least made it clear prior to everybody submitting under the RFP because had you done that, then you would have had only one responder and a light bulb would have went off in everybody's head and say, gee, why did that happen? It's because only one company could qualify. Let me go on to say that in our protest we raised issues with regard to ACS and their responsibility as a vendor that were just simply not addressed. The first being thatATS's TC-16MP solution that they proposed under the RFP, from the best of our knowledge, has never been installed yet, okay. They have not installed the exact system that they proposed under the RFP. In fact, if you look at the images on the screen, you will see that those images are from a Legacy system and the dates City ofMiami Page 65 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 on the images are 2008. The second thing is that ATS has proposed the TC-16MP system for other jurisdictions but did not actually install that system. If you look at Collier County, on the left is what they proposed out of their bid document, and on the right is what was actually installed. The new system proposed, the old system installed. If you look at Hillsborough County, same thing, TC-I6MP proposed, Legacy system actually installed. And that one was just recently, as I understand. Now you will see what the ACS system looks like on the left in Bradenton, Florida versus what the ATS system looks like in the Aventura, the city ofAventura that ATS has. So I submit to you that at the end of the day, there is only one way that you could look at this RFP. If you buy into Mr. Marcos's interpretation of the RFP, it is by definition an unfair advantage for only one firm because only one firm could qualify under the RFP. That was not the intent of the City. I don't think that Mr. Marcos would say that that was the intent of the City. So what are the choices before the Commission today? Obviously, ACS would like you to simply follow the recommendation of the selection committee under a normal reading of the RFP, okay, and under a selection -ranking process in which ACS was ranked ahead ofATS by every single selection committee member. Not one of them ranked them above us. And if you don't want to do that, I would suggest to you that the City should throw this process out and start over with an expedited RFP process in which it is clear that everybody can compete under that process. That would be a fair thing to do also. And I would submit to you that the City, having been through this process, could craft an RFP, get it out, get responses back quickly and not lose much time. Chair Sarnoff How much time would that take? Mr. May: You would have to talk to Mr. Marcos about that. Chair Sarnoff How much time would that take? Mr. May: I'm sure he will tell you it'll take a long time. Chair Sarnoff I'm just curious. Mr. Marcos: An expedited process, you're looking at 90 days. Chair Sarnoff Okay. Mr. Marcos: Without any bid protest. There's no guarantee that there's not going to be a bid protest then. Chair Sarnoff Oh, we'd look forward to seeing everybody back here again. Commissioner Gort: Of course, yeah. Chair Sarnoff It'd be so much fun. Mr. Marcos: Might as well put a revolving door. Commissioner Gort: Everybody's making money. Mr. May: And Mr. Chairman, I would also submit to you that 90 days is not much more time or is comparable time to what's going to happen if you award it to us or ATS today, which is both firms are going to end up frying to take this to court because they really have no choice. I know that ACS doesn't have a choice because it's just clear as day if you buy into the City's interpretation and the procurement director's interpretation that this is an unjust and unfair process that, by definition, favored one company. City ofMiami Page 66 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Let me see if we could establish one fact. Is it an established fact, Mr. Marcos, that if, in fact, we read the RFP minimum requirement, that there would be only one responsive bidder? Mr. Marcos: No, sir. As a -- Chair Sarnoff Okay. So it's -- Mr. Marcos: -- matter of fact -- Chair Sarnoff -- a fact in contention? Mr. Marcos: They're contending that. Chair Sarnoff No, no. I just want to know from both -- he's saying it's an established fact. I'm asking you is it a fact in contention? Mr. Marcos: No. Chair Sarnoff So it is an established fact? Mr. Marcos: It's not an established fact. Chair Sarnoff Okay. So you're saying -- you're contending others would have fit the minimum requirement? Mr. Marcos: At the very least, if others did not have that opportunity because, as Mr. May claimed, the actual specifications were so restrictive, Mr. Commissioner, I can cite to you that under the procurement code Section 18-104, they had the opportunity to protest the actual solicitation. They could have protested the specifications and informed the City at that -- Chair Sarnoff Wait, wait, wait. Mr. Marcos: -- particular point in time -- Chair Sarnoff My question is different. And I want to ask -- I want a direct answer to my question. Four people bid on this? Mr. Marcos: Five. Chair Sarnoff Five. Of the five bidders, based on your criteria established, would anyone else have been a responsible bidder? Mr. Marcos: We only looked into the top three firms, Commissioner, so I can only answer what HNTB looked into. Chair Sarnoff Okay. Miguel Diaz de la Portilla: Mr. Chairman, I can answer that question for you. Chair Sarnoff I just want to know is it a fact in contention or is it a fact established? Mr. Diaz de la Portilla: Well, that is a statement -- Pamela L. Latimore (Assistant City Clerk): You have to speak on the mike, sir. City ofMiami Page 67 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Diaz de la Portilla: Well, ifI may. Miguel Diaz de la Portilla. Ms. Latimore: Name for the record. Mr. Diaz de la Portilla: Becker Poliakoff. My name is Miguel Diaz de la Portilla. I'm with Becker Poliakoff. I'm an attorney for ATS. My address is 121 Alhambra Plaza, Coral Gables, Florida. That isn't a -- that is -- that's a misstatement by the ACS representative. Chair Sarnoff All right, so -- Mr. Diaz de la Portilla: There were at least two companies -- and I'll give you the names -- Chair Sarnoff That's all. Mr. Diaz de la Portilla: -- at the time. One of them did propose, and that's TrafficPax (phonetic). They were ranked fifth. They've had a noninvasive system in the City of Gulf Breeze since 2006. And the other company is Laser Craft (phonetic), which has had a noninvasive system in place. Chair Sarnoff That has one or does not? Mr. Diaz de la Portilla: Has. Has one. Chair Sarnoff And where -- Mr. Diaz de la Portilla: And had it in place at the time the RFP was issued. Chair Sarnoff I got you, December 2008. Now where is Laser Craft's (phonetic) system in place? Mr. Diaz de la Portilla: Orlando, Florida. Chair Sarnoff Orlando, okay. Mr. Diaz de la Portilla: Yes, sir. And the requirement of a noninvasive, noninfrusive system isn't something that you just wrote in your RFP. It's a requirement of state law and County code. That's why the RFP had to be written that way. The State required, FDOT required -- and in fact, the proposed state law now requires a noninvasive system. That wasn't something your procurement department dreamt up or put in there just 'cause they wanted to. That is a requirement of law. Unlike in other places, in Florida, you have to have a noninvasive technology. Chair Sarnoff All right. Stop there because I want to hear this from our City Attorney. Is there a Florida statute that says you must have a noninvasive, non -something --? Ms. Bru: I don't -- I can't answer that question. But I do know that right now the Legislature's considering -- Chair Sarnoff No, no, no. That's not my question. Ms. Bru: Okay, because -- Chair Sarnoff My ques -- lawyers address me. City ofMiami Page 68 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Bru: Right. The County requires the noninvasive system -- Chair Sarnoff Okay. Counsel -- Ms. Bru: -- and that's what regulates us. Chair Sarnoff -- said there are two requirements. Now I just want to whittle this down. Florida Statute -- I'm pretty familiar with those. Ms. Bru: I am not. Chair Sarnoff It's going to be under Florida Statute 316 something. You don't know of one? Ms. Bru: I'm not, but we can look -- Chair Sarnoff All right. Is there a County ordinance? Ms. Bru: There's a County requirement. Chair Sarnoff What does that say? Ms. Bru: I don't have it in front of me, butl do know, based on the attorney who worked on this RFP, that there's an absolute requirement that the County has for the noninvasive, freestanding system. Chair Sarnoff Okay. Mr. May: But Mr. Chairman, that is a -- ifI may continue -- different requirement to actually call under the RFP that you install that as your solution. It's much different than the RFP saying you had to have had that system installed elsewhere prior to the submission date of the RFP, and that's where this falls down because once you put that bright -line out there, then all the competition goes by the wayside. Chair Sarnoff Mr. May, all was frying to do is an old judge's trick, so to speak. What is an established fact and what is in contention. Mr. May: Understood. Mr. Marcos: IfI may, Commissioner? Can I rebut some of the points Mr. May made? Chair Sarnoff Well, I mean, all want to do is -- are you done? Mr. May: No. I'd like to finish one other point actually because -- Chair Sarnoff Okay, go ahead. Let him finish. Mr. May: -- you know -- I do want to finish one other point, and I would like you to look on your screen and you will see -- and Mr. Marcos actually quotes this in his response to ACS, which is on your screen now. It says that ACS was deemed nonresponsive for not having been engaged in the business of providing a freestanding, self-sustaining, noninfrusive and noninvasive red-light photo enforcement equipment as required by the formal bid pursuant to the specs. But if you go back and you actually read the minimum qualifications further, you will see that the second clause says, in the minimum requirements under the RFP, that you in fact needed a three-year record of performance under the RFP. So, I submit to you if you now read the bright -line test of noninvasive, noninfrusive, freestanding by the time of the submission, if you read that in City ofMiami Page 69 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 accordance with a three-year minimum experience level, guess what? ATS doesn't even qualify under that. Chair Sarnoff Is that an established fact? Mr. Diaz de la Portilla: May I address that? Chair Sarnoff Anybody who wants to address it from that side of the table? Is that an established fact? Mr. Diaz de la Portilla: No. Once again, that is not an established fact. Chair Sarnoff Okay. Mr. Diaz de la Portilla: ATS has -- Chair Sarnoff That's a fact in contention. Mr. Diaz de la Portilla: -- had a system in Apopka for -- Chair Sarnoff That's all I need to hear. Mr. May: Since when -- what was the date in Apopka? Two thousand seven, and the submission date was January 26, 2009, so by definition, you could not have been having one installed for three years. So all I'm saying to you, Mr. Chairman -- and I'm going to end on this note -- is that when you start taking this -- these minimal qualifications apart and you apply Mr. Marcos's bright -line test to those qualifications, what you end up with is, at the very best, one or two companies could comply, and at worst, no one can comply, which I purport to you was never the intent of the City Commission to stifle competition. And I don't think -- I heard earlier today this Commission considering, you know, some procurement issues, and it was made very clear by a number of you that you want to entice competition, you want to encourage competition. This is simply a process that has run amuck. It's gone on for too long. It's taken over a year and three or four months, and it's just going to end up in a tank. And I would submit to you either read the RFP as it was originally read by the procurement director and the evaluation committee and everybody else and award it to ACS or just simply throw the thing out and start over because at least, if you start over, you'll get a cleaner result than what you got today. Chair Sarnoff Thank you. Mr. May: So I thank you for your time. Chair Sarnoff Thank you. Rebuttal or reply or -- Mr. Marcos: May I, Commissioner? Chair Sarnoff -- however you put it. Mr. Marcos: I want to go back to the point that Mr. May made as far as sole source and restrictive specifications because I heard for the first time today that the specifications are restrictive and this claim of sole source. I have to end up then asking ACS then why, why didn't ACS, when they had the responsibility, raise that issue? Under Section 1.35 of the RFP, it has a section that says exceptions to the general and/or special conditions or specifications. Why wasn't that raised? Number one. Number two -- Chair Sarnoff You know, Glenn, I got to tell you. City ofMiami Page 70 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. May: I have to respond to that, Mr. -- Chair Sarnoff Wait, wait. Stop. Go through the Chair. I'm having trouble concentrating. Once you guys conceded that you didn't have the experience for three years, why should this Commission hear anymore? Mr. Marcos: No, no, no. Chair Sarnoff Unless I'm mistaken, I heard somebody say 2007. Mr. Diaz de la Portilla: No, no, no. Hold on. Look -- may I clarify, Mr. Chairman? Chair Sarnoff Sure. Mr. Diaz de la Portilla: Because I think in the presentation that you read from ACS, there's a lot of obfuscation here. What your RFP required was the following. It required that you have experience in the business for at least three years. That's in the business. Everybody meets that. But it also required -- and it's separate. It's not part of the same thing. There's a deliberate attempt to confused this board. It doesn't require that you have a noninvasive system for three years. That's a separate section of the RFP. What it does require you to have is some experience with a noninvasive system at the time that you submit your proposal. There were at least three companies that did. ACS was not one of them, plain and simple. They want to prolong the time because they could not meet the specifications of your RFP, which were in your RFP, because they're required by County code and by FDOT rules and will be required in the state law that is being debated today in the Legislature, plain and simple. Moreover, they had an opportunity, per the RFP and per your code, to object, if they wanted to, to the specifications. They chose not to do that at that time. That's in your code as well. But your specs are your specs and they require noninvasive technology because that's what you need to have in Florida. And that's as plain and simple on that issue. I mean, I have more. Chair Sarnoff Stop there for one second. Do you concede there are two parts of this RFP that have minimal require --? You do not? Mr. May: No, absolutely not. Mr. Chairman, if you read the first clause -- this is all in the same sentence. Chair Sarnoff I just want to know it's a fact in contention. Mr. May: No. It is a -- definitely a fact in contention. And ifI might add, Mr. Chairman, I want to respond to Mr. Marcos's -- Chair Sarnoff No, no, no, no. Respond to me. Mr. May: Absolutely. I would -- Chair Sarnoff So -- Mr. May: -- like to respond to the allegation that we never raised the issue under the RFP. Chair Sarnoff Yeah. You know what? I don't want that responded to. Mr. May: Okay. Chair Sarnoff I want to know -- I think every Commissioner wants to know what were the City ofMiami Page 71 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 minimal qualifications? Are there two sets of minimal qualifications? Where would we look for them? Where would we find them? You're telling me to look at 2.2.5. They're telling me to look at 2.2.5 and some other place. You're saying, no, just look at 2.2.5. Am I getting this wrong? Mr. May: Mr. Chairman, I'm saying that the minimum qualifications have been a moving target. For over a year, no one read the RFP the way Mr. Marcos has read it, and he only -- Chair Sarnoff Okay. Mr. May: -- read it that way after a protest from ATS. Chair Sarnoff I got you. Let me let them finish. Mr. Marcos: Well, I would like to state, it seems like Mr. May knows more than what I know. I mean, how can he end up stating something that I can only claim myself? I mean, the fact of the matter is is that this RFP was submitted on January 2009, and since then, we were looking closely as far as what will be the due diligence conducted here. There are two portions here. One has to do with experience as far as three years, and there's another one that has to do with the fact on whether or not you have installed in equipment of a similar nature, similar nature being as spec'ed out, nonintrusive, noninvasive, freestanding. I cannot emphasize any further, Commissioners, that we afforded everybody due process. We realize that sometimes we -- you have unintended consequences. We might write specifications that could be restrictive, but we have a way of curing that problem. If you look at the actual RFP and in all of the actual solicitations, which whatever goes out, we have the same affordability, which is that you have a deadline to submit any concerns that you may have. IfACS had that concern at that -- at any particular point in time up to that deadline for further clarifications, questions, or concerns, why didn't they submit that and let us know that they had problems with the specifications? Mr. May: Mr. Chairman. Mr. Marcos: That claim cannot -- Chair Sarnoff I actually think I know what your answer's going to be. Mr. May: I mean, my answer is -- Chair Sarnoff It's going -- Mr. May: -- very simple. No other city in Florida has interpreted these requirements the same way that Mr. Marcos has. The reason we didn't raise the issue is because we didn't think there was an issue. And guess what? No other company raised the issue either because everybody read it the same way. And I would port to you everybody read it the same way all the way through until ATS filed the bid protest. Mr. Marcos: Commissioner, that argument should fall flat in [sic]its face. How can he end up speaking for any other city? That's almost like saying that every other city did the same due diligence process that the City ofMiami did here. Perhaps, maybe the City ofMiami did the right thing, which is we hired an independent consultant to look into the due diligence, and the bottom line is they were caught with their pants down. Commissioner Gort: Oh, my God. Mr. Diaz de la Portilla: Mr. Chairman, may I provide some -- Chair Sarnoff Absolutely. City ofMiami Page 72 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Diaz de la Portilla: -- rebuttal on behalf of --? Chair Sarnoff I'm going to give you three minutes for rebuttal. Mr. Diaz de la Portilla: Three minutes. Okay. I'll make the most of -- Chair Sarnoff You had a pretty good advocate right there. Mr. Diaz de la Portilla: Well -- but I think there are a couple of points that need to be clarified, and I think -- Chair Sarnoff All right. Mr. Diaz de la Portilla: -- the main issue here is the issue of responsibility. And you have been focusing on the issue of responsibility as far as whether they had any actual experience in terms of having a noninvasive technology, which is what you need to have in the state of Florida. That was a spec in the RFP. That was required by the RFP. And we've already discussed why it was required, because that's what you need to have according to FDOT and according to Miami -Dade County code. Chair Sarnoff Now, you say it's in the RFP. Is it in 2.2 something? Is it in 3.3 something? Is it --? Can somebody just show me where it is in the RFP? Mr. Diaz de la Portilla: Sure. I'll have -- Chair Sarnoff And I won't count that against you as time. Mr. Diaz de la Portilla: Yeah, yeah. For the record, I'm here with -- Chair Sarnoff Keep going, keep going. Mr. Diaz de la Portilla: -- Carlos Gimenez and Robert Holland, who are cocounsel on this matter. But the issue of responsibility doesn't just begin and end there. there's a lot more that goes to responsibility. Responsibility means that the company can do what they tell you on paper they can do, that you can rely on them to provide you what it is that you spec'ed out. And there's a lot more to ACS's non -responsibility than what we've been discussing here and what we've been focusing on. And I'd like to draw your attention to that. And in fact, that was included in our protest and it was included in HNTB's analysis and conclusions. And that has to do with the quality of their data bars. We discussed it last time on March 11 when we were here. Their data bars are clearly erroneous. And HNTB, your independent consultant said, that with the data bars that they have on their system, those violations are not supportable in court. That's not our language. That's HNTB's own language in looking at their data bars, showing cars running a red light at zero miles per hour, showing vehicles in their own data bars running lights, and going from 0 to 90 miles per hour in half a second, et cetera, et cetera, et cetera. So their non -responsibility doesn't just go to the fact that they did not have noninvasive, noninfrusive technology, which was required in the RFP because it's required by law, but that they have erroneous data bars that are unsupportable in court and will give you tickets that you can't enforce. And it goes also to the fact that they basically misrepresented facts to the City. When a proposer presents something to a city, a municipal government, and says we've done this and the truth is revealed, and they are caught, as Mr. Marcos says, with their pants down, they're proven to have lied to the City and misrepresented experience. That says something about their responsibility as well. It isn't just an issue of not having the noninvasive technology. That's been proven. They didn't have it. They admitted in their own protest for Christ's sake. I mean, it's there. But the non -responsibility ofACSgoes much further. Because it goes to the City ofMiami Page 73 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 data bar issues. And in fact, Mr. Arriola, ofACS, has acknowledged before other cities, Palm Beach, in particular, that they had a serious of problems with their data bars in their submittal to the City. Here they are right in front of you; you can look at them. Cars traveling 0 to 60 in five point -- half a second, point five seconds. Vehicles running an intersection at zero miles per hour, something that is unsupportable in court and will give you a non -enforceable program. Now, here's what's the problem, you know, in addition to that. They told you that they had a noninvasive system in place and they claim experience in Bradenton at the time of the RFP when they knew they didn't have it in place. They misled the City and they misled the selection committee. It wasn't until Glenn Marcos and HNTB did their due diligence that the City found out that what they told you wasn't frue. There's another saying in Spanish (comments in Spanish), meaning you can put anything on paper. But then you have to prove it. And when they went out, your City, your independent consultant, to prove if what they said, ACS said was frue, they found out thatACS had misled the City. Your RFP also required that proposers tell you about programs that -- where they had been fired. There are at least nine programs where ACS has been fired and replaced by ATS thatACS did not disclose in its proposal to the City, again, misleading the City. In fact, they claimed that they were the providers for Washington, DC when they knew that they haven't been the providers for Washington, DC since 2006, and on and on and on it goes because again, the issue of non -responsibility includes many, many, many things and they are non -responsible. Now, let's talk about the -- Miami Beach. They claim Miami Beach now. You know, the history ofMiami Beach is a long and sad one for ACS. Why? Because they had to have cameras in place in January. They didn't comply. They were this close to being terminated. And in fact, they were capped at 15 cameras. And the City said hey, ATS, you finish the job because they couldn't do it. ACS couldn't do it. Now, let's go to just one final thing on this whole delay, delay, delay, delay tactics which is obviously what the representatives ofACS know is their best bet. What happens if the City, oh, starts the process all over, blah, blah, blah? They even threatened you with filing an appeal and litigation. I don't know. I mean, to me, it's not persuasive that somebody who wants to be your business partner is telling you, hey, we may sue if it doesn't go our way, but that's neither here nor there. Let's take it in terms of time frame. What we're talking about here is that each month that goes by that you don't have a system, lives are being lost because it's been proven that these programs save lives. And in addition, the revenue that is generated by these systems that you can program and earmark for more police patrolling -- 'cause you can't have a cop on every corner, but you can then free up the police department and use the revenue for more public safety will be lost to the City. It's taken us a year for this to come to birth here before you today. More than a year, year and three months. If we start this process all over again, you're talking about three conservatively speaking, three to fifteen million dollars a year in potential revenue from violators, from people who are breaking the law and placing lives at risk that the City wouldn't have to make their streets and to make our neighborhoods safer. So again, the delay argument may serve ACS's purpose, but it doesn't serve the City, it doesn't serve the people, and it doesn't serve the process. You've had a fair process. You've had a good process. You've given them several bites at the apple. They had notice of our protest in March of last year. They said nothing. HNTB called them; they didn't respond. They got faxes from HNTB. Nothing. They were here on the 11 th ofMarch, made their argument. You all heard it. We were here for an hour and a half. They filed a protest, and their protest is nothing more than obfuscation and name-calling. If you want to call the procurement director who was doing his job and was being responsible and he's standing here and taking the heat, myopic and irrational, you can go ahead and do that, but no amount of name-calling makes them responsible. No amount of name-calling makes their proposal a responsible proposal. What you need is a company that has proven technology. We have it. We have what you need. We've had it in six cities in the state of Florida at the time of submittal. We have Aventura and Miami Gardens, the two longest -running programs in Miami -Dade County. We won these RFPs because we've proven our technology, we've proven our track record. And finally, your own independent consultant has verified everything we've said about our responsibility, our responsiveness. They're not. They want a delay because that's in their best interest, but not in yours. Thank you. City ofMiami Page 74 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Thank you. All right, coming back to the Commission. Anybody have any questions? Anybody --? Go ahead. Commissioner Gort: I don't know. After so much confusion, I don't know what's true, what's going back and forth. I'm telling the truth. Chair Sarnoff Mr. Vice Chair, you're recognized. Vice Chair Carollo: I was ready to make a motion to move it. Chair Sarnoff What is your motion? Vice Chair Carollo: My motion is to approve the resolution that's before us, siding with our procurement director. Commissioner Dunn: Second. Chair Sarnoff All right, we have a motion and we have a second. Ms. Latimore: Chair, I hold in my hand a substitution for this item. Commissioner Gort: Substitution? Chair Sarnoff What kind of substitution? Vice Chair Carollo: RE.3? Ms. Latimore: RE.3. Mr. Marcos: If there's anything there, there should be minor changes, Commissioner. Vice Chair Carollo: Mr. Marcos, if you could say the changes on the record? Mr. Marcos: Commissioner, what you have before you is a resolution that's -- it's the very same resolution. If you recall, on Friday deliveries was [sic] made to your offices that was apart from the regular agenda that you received. That's why they're calling it a substitution, but it's one of the same language. Chair Sarnoff Yeah. Mr. Marcos: Thank you. Chair Sarnoff All right, so we have a motion and we have a second. Any discussion? Commissioner Gort: I have a question. My understanding is from what I'm hearing, this is going to go to court anyway. How long will this be in court? I mean, either way, whatever actions you take here today, one of the firms is going to go, is going to take it. I'm not an attorney and I rely on your guys, the attorneys, to let me know, and my own attorneys here. I think enough doubt has been placed here in the testimonies and -- I don't know. That's my way of thinking. If you're going to go to court, we're going to be as much as delayed. If we throw it out, we come out with another RFP with all the needs that we -- and with all the items and all the (UNINTELLIGIBLE) we need and we're specific and make it very clear to everybody. And let's face it, it's been a year since the last time. Things have changed quite a bit. That's my personal feeling. City ofMiami Page 75 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I don't know. Just a couple of observations. If we throw it out, start all over again, I just see one firm getting a bite at -- two bites at the apple. That's one observation I'm seeing. And the second observation I'm seeing is that it seems to me that every time Mr. May comes before us, he's threatening with a lawsuit. If we don't do this -- and he says it in a very nice way, very eloquent. However, if this doesn't happen, we're going to sue. It seems like every single time you've come before me -- Mr. May: That's not true. Vice Chair Carollo: -- that's been my option, so -- I mean, that's why I make the motion and I -- -- let's vote it up or down. Chair Sarnoff Commissioner Suarez. Commissioner Gort: Leave it up to the attorneys. Commissioner Suarez: I mean, initially, I was very persuaded by the procurement officer's initial findings before the presentations today, and I think the presentations today have definitely put some things in my mind that are in doubt. For example, isn't it our intent, Mr. Marcos, that we want to have competition in our procurement process? I mean, isn't that part of --? I don't -- I mean, there seems to be a disputed fact over -- and according to the way that the Chairman had asked a question, there seem to be a disputed fact over whether any other firms would have qualified under the RFP. Is that --? Mr. Marcos: Commissioner, what I can say is I'm going to end up reiterating what I said earlier. If any other firms who competed for this contract or any other firm that did not compete for the contract had any objections, they were afforded the opportunity under the RFP. They could always raise those questions. That happens in every -- that happens every single day in all of our procurements, every single day. We give them that afforded responsibility, because when it comes to public procurement, you have due process, you have to give them due process. That's why public procurement is so difficult. Commissioner Suarez: Is there a deadline on that? Is there a --? Mr. Marcos: Absolutely. I can tell you that the deadline for that was given to them, and for the record, that deadline was -- just give me just one second here -- 2.2, deadline for receipt of request for additional information and/or clarification. Any questions or clarifications concerning this solicitation shall be submitted by e-mail or facsimile to the Purchasing Department, attention Lourdes Rodriguez, fax number 305-400-5033, or e-mail LoRodriguez@miamigov.com, or actually at ci.miamifi.us [sic]. Commissioner Suarez: By when? Mr. Marcos: All questions must be received no later than Monday, January 12, 2009, at 5 o'clock p.m. Commissioner Suarez: So they were supposed to dispute this finding by January 12, 2009, but the determination that they were non -responsible wasn't made until this year? Mr. Marcos: No, no. They had the opportunity to raise any problems with the specifications up to that deadline. Chair Sarnoff Right. City ofMiami Page 76 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Suarez: But how would they know that there were any problems with the specifications if those weren't made aware to them until this year, until 2010? Mr. Marcos: He went ahead and said right now, Commissioner, that those specifications were restrictive. Besides the point when it was due, at the time that he had that solicitation in his hands, he should have raised those objections to begin with. Commissioner Suarez: I understand your perspective, but this is where I get confused. How are you supposed to know --? You interpreted the RFP in a specific way in 2010 when you denied their -- when you upheld the protest, and my question is how are you supposed to know that there's something flawed with the RFP a certain number of days after the RFP when its done in 2009, when the decision that they are not responsible is made in 2010. How are you supposed to challenge that? Mr. Marcos: Commissioner, I think that's besides the point. He should have -- if it would have been flawed, it would have been flawed from the very beginning. From the very inception of the RFP, he would have been able to tell us whether or not it was restrictive and whether or not he would be able to compete for it. As a matter of fact, I must remind the Commission that under 18-104, they have the ability even at the time of RFP issuance, they can end up protesting the specifications and they failed to do so. Mr. May: Mr. Chairman -- Commissioner Suarez: But I think -- Mr. Marcos: At the end of the day -- Mr. May: -- please. Mr. Marcos: -- I have to end up clearing this up -- they should not be given the opportunity to wait and sit and continue to sit until a determination be made to come back and claim that the specifications were restrictive and now it's a sole source. Commissioner Suarez: But I don't understand that logic because they won the bid, okay, and then it was protested, and then that protest took a year and three months, right? I mean, you hired an independent -- Mr. Marcos: No. Commissioner Suarez: -- consultant to analyze the protest and -- Mr. Marcos: No. The actual standard here is one of responsiveness and responsibility, Commissioner. Responsibility takes place after the fact that the evaluation selection committee makes its recommendation. So even after the fact that the evaluation committee might make their rankings, I mean, with all candidness, we have the responsibility to start conducting our due diligence. And if our due diligence reveals that the responsibility factor is something that needs to be considered and they failed on that mark, then they should not move forward. Commissioner Suarez: But I have another question regarding that. Because your determination that we voted on was not a due diligence determination. It was not based on your due diligence. It was based on upholding the protest of the other company. Mr. Marcos: Based upon due diligence. Due diligence has also been argued here, even before the City Commission on March 11, you heard me state HNTB, you heard me state independent assessment. This is not Glenn Marcos speaking. Again, this is not the City ofMiami. This is City ofMiami Page 77 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 HNTB just coming out with their findings. We hired them because they had the expertise that the procurement department didn't have. And based upon that, they came and they made that statement, and it's one of responsibility. They have come here to end up saying that there's one section and one section states only one thing. That is not true. There's two sections here. I believe it's 1.34, under responsibility, and the other one is the one that he cited to, which I think it was 2.25. There's two different sections here. Mr. May: We do not dispute -- ifMr. Marcos wants to read the RFP that way, we don't dispute his ability to read it that way. If that's the way he wants to read it, fine. The problem is when he did that, that wasn't done at the beginning of the process. It was done -- and I'm -- and let's go to the point of due diligence. There was no due diligence done, I guess, when Mr. Marcos and the City Manager both concurred with the evaluation committee's findings and recommended us the number -one ranked proposer to go to contract with. There was no due diligence done then. It was -- only due diligence was take -- took place after ATS filed a protest. Mr. Marcos: Mr. May, that's a misstatement. I did not concur with that. Only the City -- Chair Sarnoff All right, all right. Mr. Marcos: -- Manager has the right to concur. Chair Sarnoff All right, all right. Enough. Anything else? Mr. Diaz de la Portilla: Can I address the question that -- Chair Sarnoff If he has a direct question, he'll direct it to you. Commissioner Suarez: Yeah. I mean, my question is really anyone that can answer it. I mean, I think -- the issue that I have is that, you know, you've interpreted the bid in a certain way and you interpreted that bid in a certain way in upholding the protest, and that determination was made finally in, what is it, March of this year, a year and three months after the bid was -- the RFP -- yeah, the RFP process ended? Mr. Marcos: The fact of the matter is is that yes. If you're asking on whether or not this was a lengthy process, Commissioner, I think that we all know why it's a lengthy process. This actual RFP has been a matter of contention not just based on a competitive nature; it's been a contention on whether or not the City wanted to be included in class action suit. So if you want to go ahead and talk about somewhat why there was somewhat a delay within the process, I must remind the Commission that that was an issue at hand that we had to consider on whether or not the City wanted to be involved in a class action suit. So as far as whether or not to proceed, that might have held up the procurement for a while. But at the end of the day, that doesn't change the outcome. It should never change the outcome. The fact is what it is. The facts is [sic] stated here. This is not Glenn Marcos opining. This is black and white. What you have here today is a solicitation and you can only go with the facts. Commissioner Suarez: This is my -- this is where I'm confused. You have an RFP. It can be interpreted in, obviously, two different ways because two different people disagree on to how it can be -- as to how it can be interpreted. Your suggestion is that they should have objected to the language in the RFP by January when that decision on interpretation wasn't made until March of 2010. That's where I'm confused. Mr. Diaz de la Portilla: May I take a crack -- Commissioner Suarez: Yes, please. City ofMiami Page 78 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Diaz de la Portilla: -- at the question, ifI may? Mr. Marcos: Can I just read -- Mr. Diaz de la Portilla: Yes, Mr. Marcos. Mr. Marcos: -- one thing, Commissioner? Mr. Diaz de la Portilla: And I'll go to the other mike. I'm just borrowing this -- Mr. Marcos: And I'll end up -- and I'll then -- I will defer to Mr. De La Portilla. Remember this, there was another party involved. There was another party in the name of Redflex, who was a second -ranked firm, and they were deemed non -responsible just as well as ACS. And they were fully informed and aware of the fact of what my findings were. And the fact of the matter is is that they found out that we end up doing our due diligence and they end up taking a step back and allowing the City to proceed because they acknowledge exactly what the protest acknowledged, which was that they were non -responsible. So if the process was so flaw and if I'm so wrong in determining that ACS is non -responsible, then why is Redflex not here to argue the same thing as ACS? They have more of a right than perhaps even ATS because they were the second -ranked firm. But at the end of the day, they acknowledged the fact that there was a due diligence, they were contacted, and they failed. In the same token, ACS failed also. Mr. May: Mr. Chairman, could I just --? I have to correct one thing, ifI -- if you will afford me. Mr. Diaz de la Portilla: No, no, no, no, no. Well, I -- Chair Sarnoff All right, here's how we're going to do this. Mr. Diaz de la Portilla: May -- Chair Sarnoff Wait. Are you done after this? Mr. Diaz de la Portilla: -- I answer --? Chair Sarnoff I'm going to let you have 30 seconds -- Mr. Diaz de la Portilla: To answer his question. Chair Sarnoff -- to answer the -- Mr. Diaz de la Portilla: Sure. Chair Sarnoff -- to do whatever it is you're going to do. Mr. Diaz de la Portilla: Okay. Chair Sarnoff You could even do tap dance. I'm going to give you 30 seconds, and then it's coming back to the Commission. Mr. Diaz de la Portilla: Okay. To answer Commissioner Suarez's question, first of all, the requirement that you have noninvasive technology was in your RFP because County code requires it and Florida Department of Transportation requires it. They knew whether they had it or not at the time that the RFP was issued. I mean, who better than ACS themselves to know "Hey, we don't have this. We haven't done it." Okay? So they knew. Now they could have chosen at that point to say, well, we want it to say something else. We want it to say that hey, as City ofMiami Page 79 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 long as we get it sometime in the future but before award, and they could have protested that because the RFP gave them that right and your County -- Chair Sarnoff Mr. Diaz De La Portilla, wrap it -- Mr. Diaz de la Portilla: -- code gave them that right. Chair Sarnoff -- up. Mr. Diaz de la Portilla: So, finally, they knew that they didn't have that in place, but what's more, they mispresented that to your selection committee -- Chair Sarnoff Thank you. Mr. Diaz de la Portilla: -- by claiming they had it when they didn't. Chair Sarnoff Thank you. Mr. May, your conclusion. Mr. May: In 30 seconds, Mr. Chairman. We didn't -- we did not object to the RFP because we didn't read it the way it was read a year and three months later. We read it the way it had been read normally around the state. Second of all, we never -- we understood clearly you had to put that system in the ground, but we never doubted our ability to be able to deliver on that technology. We used that technology already in toll enforcement applications all over the country and including in Florida. So I just have to say that at the end of the day, it's become a mess. Ifyou can't go one way or the other, throw it out; start over. Mr. Diaz de la Portilla: And for the record, I would object. Chair Sarnoff All right. Anybody's -- Mr. Diaz de la Portilla: Just a legal point. Just to object -- Chair Sarnoff I'll tell you what, you speak one more time -- Mr. Diaz de la Portilla: -- to that last statement of toll technologies. Chair Sarnoff -- and you'll sway my opinion. Sit down. You know, one thing that you don't get a lot up here is people think the last person heard is the person that wins. And I will tell you this, in my way of thinking of things, the guy that thinks he needs to get up last and shout something is a desperate man. And if you would just treat this tribunal, which it's sitting as right now, with a modicum more of respect and a modicum more of formality, we wouldn't have the going back and forth. I don't try to sit up here and say "through the Chair." We're five people. We're not 13. But if you would all treat us with just a modicum more of respect, I wouldn't even consider saying through the Chair, so let's move on. We've heard this issue. I will tell you what it comes down to for me. Due process. Whether it's due process of a police officer taking somebody in custody without probable cause or whether it's due process because somebody did not know that their rights were in peril or in dispute, it's the same due process. In order to have substantive due process, you must, as you put it, be on notice that there is a due process issue. Much easier when the police officer grabs you by the neck, you know your due process rights are in peril. Much different when you are the winner of a selection committee, the previous City Manager, and suddenly you learn that what is arguably to this Commission a vague and ambiguous RFP -- because I have yet to see somebody come up to me and say here's part two. That process to me is flawed. I was very much decided at the very beginning of this. I always want to support City employees. I have the upmost respect for Mr. Marcos, but in this circumstance, I have to admit: I don't think due process was followed any more than when a police officer walks up to City ofMiami Page 80 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 somebody and, for no good reason, grabs him by the neck and says you're coming with me. And it comes down to due process. So what I'm going to do is call for a roll call. Madam City Attorney, you have a first, you have a second. Roll call. Ms. Latimore: I do not have a second. Ms. Bru: Mr. Chair, is the motion -- the motion was to deny the protest? Chair Sarnoff No. The motion was to -- yes, was to deny the protest ofACS. Ms. Bru: Wait. Vice Chair is saying -- Vice Chair Carollo: No. The motion was to, yes, deny the protest. Commissioner Gort: Yeah. Vice Chair Carollo: Yes, deny the protest and side with our Purchasing director. Ms. Bru: Deny the protest. Chair Sarnoff Right. So just to be clear to the other Commissioners, if you think due process was denied, you should not be voting in favor. Let's have a roll call. Ms. Latimore: It's a resolution. You still want a roll call? Chair Sarnoff I still want a roll call. Ms. Latimore: For clarification, can I get your motioner and seconder 'cause I don't have the second? Chair Sarnoff We had a -- I thought we had a motion by Commissioner -- by Chair -- the Vice Chair and we had a second by Commissioner Dunn. Commissioner Gort: Commissioner Dunn is the second. Commissioner Dunn. Ms. Latimore: Roll call. Commissioner Gort? Commissioner Gort: No. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Nope. Ms. Latimore: Commissioner -- Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chair Sarnoff Chair Sarnoff No. City ofMiami Page 81 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Latimore: The motion fails, 3-2. Commissioner Gort: I'll make a motion -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Let me hear -- Commissioner Gort: Go ahead. Chair Sarnoff -- Commissioner Gort, then the Vice Chair. Commissioner Gort: No. I think -- I'll yield to Commissioner Carollo. Chair Sarnoff All right, Commissioner -- Vice Chair. Vice Chair Carollo: Simple question: Now what? Ms. Bru: Well, you have to give the Administration some direction. You have -- in fact, by denying -- by not approving the denial of the protest, you in fact upheld their protest. Vice Chair Carollo: Microphone. Ms. Bru: So a motion now to direct the Administration to do -- to either -- Commissioner Dunn: Could you repeat that again? Ms. Bru: Okay. You have upheld the protest ofACS now. Unidentified Speaker: No? No. That would -- Commissioner Gort: No, no. Vice Chair Carollo: Your mike. Ms. Latimore: Julie, is your mike on? Ms. Bru: I'm sorry. Unidentified Speaker: No. Vice Chair Carollo: Your mike. Ms. Bru: No. The motion to deny failed, so they need a motion to -- so now you need a motion to uphold. Commissioner Gort: Or? Ms. Bru: Or whatever else you want to do. Commissioner Gort: Or whatever else we want to do. Yes. Chair Sarnoff You want to make a motion, Commissioner Gort? Unidentified Speaker: Julie, is your mike on? City ofMiami Page 82 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Dunn: Yes, your mike. We couldn't hear you. Could you repeat it, ma'am? Could you repeat, Madam --? Ms. Bru: What you did was you disagreed with your procurement officer. Commissioner Dunn: Oh. But that's what -- you're right, you're right, you're right. Ms. Bru: Okay. You have disagreed with the -- Commissioner Dunn: Yeah, 3-2. You're right. Ms. Bru: The motion to deny the protest failed. Commissioner Dunn: Okay. Ms. Bru: So you, in effect, have agreed with ACS. You have agreed with their protest. Now you need a motion to direct the Administration how to proceed. Unidentified Speaker: Right. Take an affirmative action. Ms. Bru: Take an affirmative action now. Unidentified Speaker: Right. Yeah. Commissioner Gort: I'd like -- Chair Sarnoff Go ahead, you're recognized, Commissioner Gort. Commissioner Gort: You ready for a motion? I'd like to make a motion to have an RFP to come back out again with all the specific questions and equipment and the necessary so there won't be any doubt and worded correctly. And I would like, if possible, to have new City -- Assistant City Manager Martinez to participate on it too since he's got a lot of experience in that. Chair Sarnoff Why? 'Cause he drives a car? Unidentified Speaker: I go through red lights. Chair Sarnoff He runs a lot of red lights. Commissioner Gort: He knows technology. My motion is to take it back. Chair Sarnoff All right, there's a motion by Commissioner Gort. Is there a second? Commissioner Suarez: I second the motion for discussion, Mr. Chairman. Chair Sarnoff Second by Commissioner Suarez. You're recognized for the record. Commissioner Suarez: The motion, I'm assuming, is to throw out the process and start all over again? Commissioner Gort: Yes. Commissioner Suarez: And the City Attorney asked this board to give the City some direction, and there is some direction that I would like to give. I would like for the RFP to clearly ensure City ofMiami Page 83 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 that there's competition. Whatever standards -- and I'm not the writer ofRFPs, whatever standard -- going off what Commissioner Gort says, that it's clear in the language as to what are the requirements and that it clearly, clearly ensures that there's competition so that the City and the citizens get best possible deal and the best possible product out of this process. And the other recommendation -- and maybe this would be an amendment to the motion. I don't know what it would be. -- is that the City not hire an expert to reevaluate the next process because it cost us $20,000 to do it. And I think, at this point, we have all become experts on this process. So I would ask that it be expedited and that there not be an expert hired to evaluate the process because it will -- as you have evaluated the protest of the protest without an expert because vou've -- and I understand the complexity here, because this is the first time that this City faces this kind of an issue. But I think, in the interest of time -- saving time, this process took a year and three months, that there shouldn't be an expert hired, that the citizens shouldn't have to pay for an expert. We've all become experts. Mr. Marcos, you've certainly become an expert because you were able to, without an expert, analyze the protest of the protest. So that would be my companion to the motion, that there -- that whatever RFP be done, it's clear, that it ensures competition so we get the best deal at the best product, and that there be no expert hired to evaluate the process because, you know, there wasn't an expert needed to analyze the protest of the protest. I think we've all become experts at this point. Chair Sarnoff All right. Commissioner Gort: I'll make it part of my motion. Chair Sarnoff You're accepting that as part of the motion? Commissioner Gort: Accepting the amendments. Chair Sarnoff Can you make one more amendment, which is that this particular proceeding be a part of the record, provided to each person who bids so they can see exactly what has been said here today? Is that acceptable? Commissioner Gort: Yes. Chair Sarnoff All right. So we have a motion. We have a second. Mr. Migoya: Mr. Chair. Chair Sarnoff And Vice Chair is recognized. Vice Chair Carollo: I'll yield to the Manager real quick, butt would like to say something afterwards. I'll yield to the Manager. Mr. Migoya: IfI may, Mr. Chair. The concern is not so much for the hiring of the professional to evaluate it, but one of the issues that I believe we had here is that we didn't have a technical professional to help put the RFP together to be precise as to the equipment. We don't have anyone in-house that would know specifically all the technical issues around this to properly put the right RFP together. I think, if we had -- I think, from what I'm hearing from all of you, which I agree with, is that we need to have the right technical RFPs so there's no question. So I would encourage that we consider the possible hiring of a professional to help us with the formulation of the RFP to make sure that we have a very clear RFP. Chair Sarnoff Commissioner Gort, you're recognized. Commissioner Gort: Well, my understanding, you've stated that several cities even here in Dade County, they already have it run. They did an RFP? City ofMiami Page 84 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Marcos: Yes, Commissioner, that's correct. But I do I believe that there are some cities that have the expertise in-house and some of them do not, so I do believe that, you know, they have gone out. Commissioner Gort: Can we make one of those people part of the committee and help you draft it? I'm sure, if you request that -- I don't have any problem in hiring someone to draft it to make sure we don't have to go through this any other time, butt mean, if you can get -- I'm sure (UNINTELLIGIBLE) municipality, if you talk to the League of Cities, they cooperate with each other, so I'm pretty sure they will help you on it. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead, you're recognized. Vice Chair Carollo: thank you. Two quick things. I don't think it was ever the intention of the City to put out an RFP so only one company could qualify. I think the intention of the City -- and correct me if I'm wrong -- was this is the need of the City; go out there and bid it out. And if only one firm qualified, then one firm qualified. I don't think it was, you know, that it was cut in a way so only one firm could qualify. So I didn't say that before, butt keep hearing it and it keep coming up and I just want to address that, you know, just for future references. If we put an RFP and this is what we need and this is what's required of us and so forth and only one firm, you know, out offive or so forth is the one that qualifies, you know, so be it. I mean, do we just go out to RFPs again, then rearrange our RFPs so more companies can bid? I don't think so. But anyways, with that said, the second thing I have is that if we don't approve this now, what else can we do? Then we forget about red light cameras. So pretty much we're stuck in approving this RFP, correct? I mean, what are our options? Either we go out to RFP again -- Commissioner Gort: Yeah. Vice Chair Carollo: -- or we forget red light cameras altogether? Chair Sarnoff No, no, no. We're -- correct me -- Commissioner Gort: Go to RFP. Chair Sarnoff -- if I'm -- wait, wait, wait. I think he's got a point, which is the other alternative is -- if I'm not mistaken, the way this stands procedurally, ACS would then be the responsive bidder. Ms. Bru: Correct. So the choice thatyou have now, the affirmative action thatyou can take now is either to -- if you went -- by denying the recommendation of the procurement officer and, in fact, upholding the protest, they are now deemed responsible and responsive. So you can instruct the Administration to negotiate with them and award the contract to them, or you can reject all proposals and instruct the Administration -- Commissioner Gort: Yeah. Ms. Bru: -- to issue another solicitation based on all these comments that have been made on the record about the ambiguities in the RFP and so forth and so on. Commissioner Dunn: May I -- Mr. Chair. Chair Sarnoff You're recognized. City ofMiami Page 85 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Dunn: But Madam Attorney, what happens in the interim of all of that? Vice Chair Carollo: A lawsuit. Chair Sarnoff I don't think that's true. Ms. Bru: Well, I mean, we can never predict what happens, but those are your available choices following the decision that you've made to -- Chair Sarnoff Well, doing the rebid puts all parties back to the status quo ante, and at least we know these ambiguities will be dealt with. Trust me, lawyers can find new ones. All right, let's call the question. We had a motion. We had -- Bru: What is the motion? I'm sorry. I want to make sure. What is the motion that's on the floor now? Commissioner Gort: The motion to throw out the -- to create a new RFP and remarket again. Ms. Bru: So reject all proposals -- the motion would be -- Commissioner Gort: And to reject all bids. Ms. Bru: -- all proposals and direct the Manager to issue a new solicitations [sic]? Commissioner Gort: Correct, with the amendments stated by Commissioner Suarez. Ms. Bru: Okay. With clear clarifications on the technical requirements. Commissioner Gort: And Commissioner Sarnoff amendment. Commissioner Suarez: Yeah. Well, it's twofold. One is that the RFP is clear and ensures competition so that the City gets not only the best system, but it gets the best deal on the system, and that's what benefits the taxpayers of the City ofMiami. And secondly, that we do not hire an expert to evaluate the criteria because no expert was hired to evaluate the protest of the protest, so obviously, we don't need to keep hiring an expert every time there's a protest, you know, or to evaluate the due -- you know, to do your due diligence on whether the -- you know, the RFP is responsible or responsive or whatever. So it would be to direct the Administration not to hire any experts. You know, as far as having an expert to actually construct the RFP itself to draft the RFP itself I think I would agree with the Commissioner's suggestion, that we go to the Miami -Dade League of Cities and ask for copies of their RFPs, you know, that have very specific language that, you know -- and then we can also -- we have the CityAttorney's Office that can help you to draft the RFP in such a way as to reduce or eliminate the confusion so that everyone is on the same playing field as far as what is the interpretation of responsibility, responsiveness, et cetera. Chair Sarnoff All right, we know the motion now? Commissioner Suarez: You got it? Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. That was fun. END OF RESOLUTIONS City ofMiami Page 86 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 BOARDS AND COMMITTEES BC.1 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 SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. ELECTED REPRESENTATIVES: SEATS REPRESENTED: Sean N. Moy Seat #1 Michael T. Dames Seat #2 APPOINTEES: NOMINATED BY: Miguel de la 0 Commission -At -Large Gerald Silverman Commission -At -Large Joseph Kaplan Commission -At -Large 10-00308 CSB CCMemo.pdf 10-00308 CSB Memo Board Appointments.pdf 10-00308 CSB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0176 A motion was made by Commissioner Gort, seconded by Vice Chairman Carollo, and was passed unanimously, with Commissioner Suarez absent, to confirm the two elected candidates from the Civil Service Board Election. A motion was made by Commissioner Gort, seconded by Vice Chairman Carollo, and was passed unanimously, with Commissioner Suarez absent, to appoint Joseph Kaplan, Miguel de la 0, and Gerald Silverman as members of the Civil Service Board. Chair Sarnoff BC.1. Commissioner Gort: BC.1, appointments. Chair Sarnoff Appointments, that's correct. City ofMiami Page 87 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Gort: BC.1. I know you're in a hurry. Chair Sarnoff Boy, Charlie, 1. Boy, Charlie, 1. Vice Chair Carollo: Bravo. Bravo, Charlie. Chair Sarnoff Bravo, Charlie, 1. Pamela L. Latimore (Assistant City Clerk): Chair. Chair Sarnoff There you go. Sorry. Vice Chair Carollo: Bravo, Charlie, 1. Chair Sarnoff My cop days -- Ms. Latimore: Chair Sarnoff. Chair Sarnoff Yes, ma'am. Ms. Latimore: That's an appointment reaffirming the election for the Civil Service Board and appointing three appointees at -large. Chair Sarnoff We take them separately or we just --? Ms. Latimore: You -- we can -- well, you can confirm the two elected and then do the appointments. Chair Sarnoff Let's do that. Let's -- is there a motion to confirm the two elected? Commissioner Gort: So move. Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Carollo. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, we have three nominees now. Commissioner Gort: I'd like -- Chair Sarnoff You're recognized for the record, Commissioner Gort. Commissioner Gort: -- to recommend Joseph Kaplan. Ms. Latimore: The name again, sir? Commissioner Gort: Joseph Kaplan. Commissioner Dunn: Does he need a second or no? Just -- City ofMiami Page 88 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff No, no. Let's do -- Commissioner Dunn: Okay. Chair Sarnoff -- let's see if we get -- go ahead -- Commissioner Dunn: Mr. Chair. Chair Sarnoff Commissioner Gort -- Commissioner Dunn, you're recognized. Commissioner Dunn: I'd like to nominate Miguel De La O. Chair Sarnoff All right. Vice Chair Carollo: So we're going with all the incumbents, so I might as well nominate Gerald Silverman. Chair Sarnoff All right. So now we need a motion for all three. Vice Chair Carollo: So move. Commissioner Gort: Move it. Commissioner Dunn: So move. Second. Chair Sarnoff All right, motion by Commissioner Gort, second by Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Look out, we have a pace going. END OF BOARDS AND COMMITTEES City ofMiami Page 89 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISCUSSION ITEMS 10:00 A.M. DI.1 10-00498 DISCUSSION ITEM IN HONOR OF EARTH DAY 2010 CHAIRMAN MARC D. SARNOFF WOULD LIKE TO DISCUSS THE FOLLOWING: THE DISTRICT 2 OFFICE WOULD LIKE TO MOVE FORWARD WITH CONTAINER DEPOSIT LEGISLATION THAT BENEFITS THE CITY, THE COUNTY AND ULTIMATELY THE STATE. THE CITY OF MIAMI RANKS NUMBER 71 OUT OF 72 CITIES FOR RECYCLING IN THE US. (SEE SPECIFIC ITEM.) THE DISTRICT 2 OFFICE WITH THE OFFICE OF THE MAYOR, THE DEPARTMENT OF SUSTAINABLE INITIATIVES AND THE GRANTS DEPARTMENT ARE PURSUING VARIOUS GREEN ENERGY AND ENVIRONMENTAL PROGRAMS. IN CONJUNCTION WITH THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID), THE DISTRICT 2 OFFICE IS RESEARCHING SOLAR POWERED TRASH COMPACTORS. THESE WASTE CANS ENABLE THE CITY DEPARTMENT OF SOLID WASTE TO MAKE FEWER (OR LIGHTER) TRASH PICKUPS, SAVING EXPENSE AND FUEL. THROUGH PROPOSED AD PANELS, LABOR AND FUEL SAVINGS AND PRIVATE FINANCING THESE COMPACTORS CAN BE INSTALLED AT ZERO OR LOW UPFRONT COST TO THE CITY AND AFTER 2 TO 4 YEARS THEY MIGHT ACTUALLY GENERATE REVENUE FOR THE CITY. IN ADDITION, THE DISTRICT 2 OFFICE, THE OFFICE OF THE MAYOR, THE DEPARTMENT OF SUSTAINABLE INITIATIVE AND THE GRANTS DEPARTMENT ARE EXPLORING SOLAR POWER AND VERTICAL WIND TURBINES BEING INSTALLED ON CITY GARAGES AND ON OTHER CITY PROPERTIES. THERE IS THE POSSIBILITY THAT THERE IS NO UPFRONT COST TO THE CITY. THEY ARE INSTALLED USING PRIVATE MONEY AND THROUGH FEDERAL GRANTS, RESULTING IN A SAVINGS TO THE CITY ON OUR ENERGY BILLS AS WELL AS THE OBVIOUS ENVIRONMENTAL BENEFITS. THE DISTRICT 2 OFFICE WOULD WELCOME A DISCUSSION ABOUT "FREE PARKING FOR ELECTRIC VEHICLES." THIS CONCEPT CAN BE IMPLEMENTED IMMEDIATELY THROUGHOUT THE CITY FOR 100% ELECTRIC VEHICLES. OUR OFFICE IS RESEARCHING PRIVATE/PUBLIC PARTNERSHIPS FOR SOLAR POWERED CHARGING STATIONS FOR THESE ELECTRIC VEHICLES. ONCE AGAIN, THERE IS NO UPFRONT COST TO THE CITY. THESE STATIONS WOULD BE INSTALLED BY PRIVATE CORPORATIONS WITH A REVENUE SHARING PROGRAM. THE DISTRICT 2 OFFICE WOULD LIKE TO SHARE SOME POSITIVE INFORMATION FOR BICYCLISTS IN OUR CITY. WE ARE NOW RANKED 44 City ofMiami Page 90 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 OUT OF THE TOP 50 CYCLING CITIES IN THE US. PREVIOUSLY, WE FAILED TO RANK IN THE TOP 100 CITIES. WE HAVE MUCH WORK TO DO BUT WITH THE SUPPORT OF THE MAYOR AND MANY CITY DEPARTMENTS WE ARE HEADED IN THE RIGHT DIRECTION. IT IS IN HONOR OF THE 40TH ANNIVERSARY OF EARTH DAY. 10-00498 Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to review City ofMiami contracts with vendors to determine if the City can allow BigBelly Solar to advertise on their trash/recycling containers, and in return BigBelly Solar would provide their containers to the City at no cost. Chair Sarnoff All right. Are we ready to go on the D1.1 [sic] discussion item, Mr. Baker? Edward Baker: Yes, sir. Chair Sarnoff All right. You're recognized for the record. It is Earth Day, ladies and gentlemen. It is a day that we should recognize that each one of us are part of a biosphere, which is better known as Mother Earth; that if we don't take care of her, she won't take care of us. With that, I bring to you some suggestions, some ideas how we could become a better participant with the Mother Earth on Earth Day, and one of them is container legislation. And Mr. Baker, are you ready to go? Mr. Baker: I was just trying to get this PowerPoint displayed on your TVs (Televisions) there for you. [Later..] Chair Sarnoff I've got a broke computer program, huh? All right, let's see what else we can do. You ready? You ready to go? Mr. Baker: I'm ready to go. Chair Sarnoff All right, Mr. Baker, you're recognized for the record. Mr. Baker: For those Commissioners that are here, I'm here to inform you about the container deposit legislation. All right. While beverage containers are a rising problem in our world -- Chair Sarnoff He's from my office. He's -- Unidentified Speaker: Who is he? Chair Sarnoff Ed Baker. Mr. Baker: Edward Baker. Chair Sarnoff Edward Baker, Jr. He is the son of Edward Baker, Sr. Mr. Baker: 1250 South Miami Avenue. So beverage containers are a rising problem. If you take a look at some of these numbers here, some of them may shock you. The last one is one of the most significant numbers. In the past three years, there's been a 21 billion unit increase in beverage containers used in the United States. Eight out of ten plastic water bottles are not City ofMiami Page 91 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 recycled, end up in landfills, use landfill space, which costs dollars. Chair Sarnoff And the average consumer drinks about 166 bottles a year? Mr. Baker: About 166 bottles a year. Chair Sarnoff Okay. What is this? Mr. Baker: Right here we've got a diagram. This is probably something that not very many of you know about. This is the North Pacific garbage patch. Essentially, what has happened in a lot of the oceans throughout the world, there's a geograph -- or a -- what's the best word to use? Chair Sarnoff Geologic. Mr. Baker: Yeah, I'd say geographical problem that all the currents in this area create a gyre. Specifically between Hawaii and California, there's a concentration of plastic that has come off our west coast that's about the size of Texas. There is sailors that have gone through here and literally bumped into this garbage patch, which is all decomposed plastic. So there's definitely a global problem that has arisen here. Chair Sarnoff And the size of this, I understand, can be seen from all the shuttle missions, and I understand it's the size of Texas? Mr. Baker: Yes. Chair Sarnoff Okay. Mr. Baker: Having a little technical difficulties here. Chair Sarnoff Yeah, Murphy will show up, especially when you're nervous. Commissioner Gort: Question. How deep -- is this above -- Chair Sarnoff It's on top of the water. Commissioner Gort: -- water -- on top of the water? Mr. Baker: Well, most of -- exactly what it is is it's decomposed particles of plastic, so you don't have whole plastic bottles per se, but it's, you know, microscopic pieces. Some researchers have taken out samples of the water and have found that the ratio of the plastic to the plankton in the water is about 8 to 1 more plastic than plankton. Commissioner Gort: And it stays at the surface? Mr. Baker: Stays at the surface. You've got animals that come in, eat this plastic thinking that it's, you know, food, and it doesn't decompose, so it's in their stomachs and they end up dying, essentially. Commissioner Gort: That's pretty large. Chair Sarnoff Yeah. This is a huge problem that you don't hear much about. It may not be primarily created by America. As you can see, it's -- Commissioner Gort: Right. City ofMiami Page 92 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff -- predominantly in -- a Pacific Ocean problem. Very few people know about it, and it is, in terms of a problem, off the graph, in terms of a problem, in terms of the ecology of things. Let me move this along for the Commission. Container legislation. I'm sure you've seen on many beverage containers you purchase everyday, you'll see Vermont, you'll see other states that have deposits. You pay 5 cents, 10 cents, depending upon the subjective position of that particular container. And what you do is you bring it back and you'll collect your money back. Essentially, that places deposits on every container and shifts the financial burden of recycling away from an important person, Mr. Cruz, the taxpayer. So how do container deposits work? Distributors pay into a government -run fund for every beverage container sold to the retailer, which ultimately trickles down to the consumer. Container laws across the country, 11 states already have established container deposit systems. Two of the top five largest states by population in the country have container deposits. We could be the third state, but so far we're not. Seven other states are currently campaigning for container deposits. Maryland, Minnesota, New Jersey, Oklahoma, Tennessee. Who are the states that already have them and are reaping the benefits? Michigan, New York, California. These are huge states. Why container --? You want to pick up? Mr. Baker: Let's go. All right, so as you -- as Commissioner Sarnoff had mentioned, these are the 11 states that currently have the container deposit legislation. About 14 other states have already campaigned this legislation with very little success. Just this past year, our Florida Legislature attempted to pass this legislation and brought -- or was met by many lobbying against Coca-Cola, Pepsi Company. So essentially, the people who are against this are going to be the beverage industry. It creates a cost on them, a burden on them, so they're going to fight this. So why container deposit legislation? There's definitely the environmental approach. We can reduce roadside litter, relieve landfill space, increase recycling rates. If you're not aware, Charlie Crist, just this past year, signed the Environmental Protection Act setting a recycling goal of 75 percent by 2020 for the whole state. The Department of Environmental Protection issued a report in January, kind of laying out some of the possible undertakings that we could meet this goal with, one of them being container deposit legislation. They outlined that off unredeemed deposits, which are deposit -- bottles that are thrown into frash cans that people do not actually take back to the retailer, six -- close to $35 million could be net in the state by these unredeemed deposits. If we take it to a city level, the County collected 30,000 tons of aluminum cans in 2008-2009. Aluminum is the most profitable of all the recycling products at about 38 cents a pound, times that by 2,000 pounds for a short ton. Do the math. Comes out to about 18 - - rather, $32 million for selling aluminum cans, so there's definitely a substantial financial benefit for this. You see a little bit more of these environmental numbers here, reduce energy use. New Yorkers, from introducing this legislation, saved 25 billion barrels of oil, enough to provide electricity to all the homes in the city for one year, so there's pretty substantial numbers here. Reducing roadside litter. Michigan is the state who has the highest refund rate at 10 cents for every container. They have a -- they reduce their litter by 84 percent, so it's pretty substantial numbers. As I had mentioned, there's financial incentives to this, as well as the jobs, which at this time I'm sure we're all willing to subject ourselves to. We've got the relief of landfill space here. Franklin Associates is a lobbying firm. They did some research over in New York when they introduced this new legislation and found that 72 percent reduction in landfill space, which created a huge financial incentive for them. Also, to be specific to our city, Public Works stated that we spend close to $9 million every year -- or rather every two years to clean our storm drains. Very intensive labor to go into these drains, clean out everything manually, and the majority of all the product in there is beverage containers. You've got aluminum cans, plastic bottles. This picture right here is from one of the City ofMiami storm drains. So you have City employees doing something that's probably not very advantageous to their livelihood, going into black storm holes and removing plastic water bottles that we consume on a daily basis. Chair Sarnoff Correct me if I'm wrong, but in the City ofMiami, eight in ten bottles or eight in ten cans do not get recycled? City ofMiami Page 93 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Baker: That's correct. Chair Sarnoff So 80 percent of what we consume theoretically ends up possibly in one of our storm drains? Mr. Baker: Right. So this legislation -- Commissioner Gort: Mr. Chairman. Mr. Baker: -- I mean -- Chair Sarnoff Yes, sir. You're recognized. Commissioner Gort: This is not something new and it's a lot of more benefits to it. When I was a kid, I used to make money picking up bottles and taking them to the stores and getting my money back. Chair Sarnoff Just want you to know that we actually got Willy Gort's bottle from when he was a child -- Commissioner Gort: That's it. That's the one. Chair Sarnoff -- and he -- Commissioner Gort: And deposit it. Chair Sarnoff -- there's the deposit on it. Commissioner Gort: That was 25 cents. Chair Sarnoff All things old are new again. Commissioner Gort: That's right. They're coming back, coming back to basics. Mr. Baker: So going on -- I mean, as much as I'd like to approach this as a environmental cause, there's definitely environmental reasoning behind this legislation. In the time of -- or at the point of time that we are in right now, we need to look for financial incentives, and this legislation is highly financially incentive. As I had mentioned before, the resale of recycled material close to -- you know, based on our numbers, a $23 million possible net on just the sale of aluminum. We also have the decreased cost of recycling. The city of Cincinnati issued a report when they were considering this legislation on how they reduced their waste cost from $94 a ton to $72 a ton. That's a $22 savings. And multiply that, as you can see there, by the municipal waste for the whole county, it's an $18 million savings for the County just by introducing this legislation. I mean, that's quite significant. As I had mentioned, the unredeemed deposits that are -- the Department of Environmental Protection had stated we could possibly net $35 million off. Here's some other projections from other states around the country. Connecticut, 24 million. And Massachusetts, who actually has this legislation in place, they have netted $62.5 million positive profit for their government, so there's definitely money to be made. One of the serious considerations when it comes to introducing this legislation is who's going to be responsible for collecting the bottles. When most of this legislation has met any kind of obstacles, this is usually the big issue. It puts a burden on the retailers, so there's obviously lobbying from the industry. So we have a few different options. We can allow the retailers to collect the bottles. We provide them with a handling fee and also some kind of incentive for handling the bottles, and that would definitely be at the lowest upfront cost to the City. Second City ofMiami Page 94 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 option, we can have County certified redemption centers that are privately run. So right there we're creating jobs. County sets up standards that these redemption centers need to meet and they share a very minimal part of the profit, where most of the profit's coming back for the City. The third and final option, which definitely is -- got the highest upfront cost but has the highest return, is completely County -run or City -run redemption centers. Create City jobs. All of the resale of the recycled material is complete profit to the City, so it's definitely the best choice, but obviously the most expensive choice. Chair Sarnoff I asked you to look into any grants that the federal government has on the green initiatives. Are there grants available to create this? Mr. Baker: Definitely. Just in our state alone, there's several grants that our state is offering to meet this 75 percent recycling goal for innovative recycling programs. So there's definitely grants. There's also rebate incentives out there. So there's definitely a lot of funding. This slide here you can see just some of the job creation that's happened from this legislation. About -- close to 10, 000 jobs have been created in these four states alone. There's redemption centers. These create jobs. The people that need to collect the bottles, more jobs. I mean, these aren't, you know, the highest of need, but it creates a market for people who may not get a job somewhere else, and those are tending to be at these times the people who need the jobs the most. So moving on, as I had mentioned here, you'll see the energy and climate change and the Economic Security Act. I mean, this is a real thing, you know. Crist signed this into law, 75 percent recycling rate by 2020. My personal opinion, it may be hard to meet, but we're striving for it. So by signing this into law, he required the Department of Environmental Protection to create a report. How can we meet this goal? Had several suggestions. None of those, in my personal opinion, were very strong in meeting this goal, but they very briefly mentioned container deposits. Thirty-five million dollars, that's what they projected for unredeemed deposits and that seems like a pretty substantial number being that we're in a, you know, deficit. Earth Day, that's today. Earth Day Network is the largest nonprofit organization that has any kind of pool, ifyou will, for environmental -- environmentally -friendly projects. They've ranked us 71 out of 72 out of all major US (United States) urban areas for environmentally -friendly policy. That's the second from the last, and we definitely should take some steps to make that better. Besides container deposit legislation, we have other initiatives that we're trying to work with the Commission. One of the most relevant ones are going to be the Big Belly solar compactors. We have been given a projection sheet from the company, Big Belly. Essentially, what it is is a solar compactor that has solar -- or rather photovoltaic cells on the top, so it's completely self-sufficient. Compacts the trash and holds about five times the normal amount of a receptacle. Chair Sarnoff I'm sorry. You want to introduce Mr. Big Belly? Mr. Baker: This is Big Belly. He's my dearest friend. So essentially, it carries about five times more than a normal receptacle. Automatically, what that does is it cuts down on collection, so there's a cost savings there on labor, reduces the fuel consumption of all the garage collection trucks. This thing has a little computer chip inside of it that sends a message to a database telling it when it's full, so there's no need for all the garbage workers to walk around to the receptacles, take a look inside, oh, there's no trash and they move on to the next one. So there's definitely wasted hours right there. And it's all about efficiency in a time of need. So you've got this device that sends a direct message to the database telling it when it needs to be picked up. There's a diagram here of it, very simple, not much to it. And then this picture to the right is an example of one of the devices coupled with a recycling unit in Philly. They've signed a contract for 700 units. They're netting a $13 million savings per year off of these solar trash compactors. The company that creates them has a lease -to -own program with no upfront cost to the City. As I had mentioned, it reduces the collection demand, less routes need to be going around to collect the trash out of these things because they're electronically monitored, for one, and they hold five times the normal amount of a trash can. The environmental aspect. It reduces fuel consumption, City ofMiami Page 95 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 greenhouse gas emissions, lowering our carbon footprint. So it's pretty substantial. These numbers here on the far right side were a projection that was done by the company. They did an evaluation of 65 units that are specifically in the Coconut Grove Business Improvement District. There's a 20-hour per week reduction on labor. And over ten years, minus the cost of the actual equipment, there's a $1.173 million savings. These are only for 65 units. This is in a very small part of the City. So if you take this on a larger scale, you know, we could be in the tens, fifteens of millions of dollars as Philadelphia is doing. You know, it's a substantial savings. Another thing that we're looking at right now is adding solar panels to the top of parking garages as well as vertical wind turbines as opposed to the big, wide ones you may see out in Montana and out west. Bottom line is they offset elecfricity costs. Spend about $50,000 a month for all the City parking garages on elecfricity. It's a pretty substantial number. If we could even get, you know, a 30 to 40 percent reduction, which is usually what these solar panels create, pretty substantial. Solar panels and wind turbines are actually one of the highest refundable product that the federal government is giving incentives for. Right now they have tons of money that they're giving out for exactly this, creating a solar powered industry. There's federal incentives and there's obviously money coming from the state as well. Lastly, solar -powered electrical vehicles. If you haven't heard, the Chevy Volt, it's just about to come out in the next year or so. It's going to be the first completely electric vehicle. We can be at the forefront of this, you know. There's only about one other major city that's jumping on board with this and that's Chicago. They have these solar -powered charging stations where people just drive up, plug their car in and charge their electric vehicle. So these devices, you could see here in this picture, most of them are installed at no upfront costs. They're installed by the actual private industry, and they set them up on a revenue sharing stream with the city. So, you know, they may take 50 percent and we take 50 percent, and they put up the cost of installing these units, but you know, it's one step closer to being green friendly, and it could help our city. A lot of -- well, particularly Chicago, they offer 100 percent free parking to any electrical vehicle. So it kind of gives some kind of incentive to going green on Earth Day. And that's about it. Chair Sarnoff Thank you, Mr. Baker. I appreciate you getting Murphy off your back and getting here promptly and doing this. Commissioner Gort: Good presentation. Chair Sarnoff It was a good presentation. And to the Commissioners, this works best in terms of our legislation, certainly at a state level, can be done effectively at the county level, and I'd like to work in concert with the City Attorney's office and Mr. Baker himself to draft legislation that would work first at the County; should they reject it, we'll bring it to the City. I think there's some opportunities here. I think there's some real opportunities for the CRA (Community Redevelopment Agency) here because people say they have nothing to do. You would be surprised. We were able to find people in some of these cities, Cincinnati for instance, that just from picking up bottles, make about $34, 000 a year. That's how much money you can earn if you're arduous and you're industrious about it. And with regard to the Big Bellies, I'm going to ask the City Attorney to look into any contracts that we may have with any -- I think Fuel might be one of them. I don't know if their contract calls for some sort of advertising. I believe, if we do well and you looked at Big Belly before, if we provided advertising, we may be able to get these trash containers at no cost to the City, if we just gave them the advertising component to it. And you know, gentlemen, I hope you would agree with me that to have a garbage truck pick something up 20 percent of the time that they usually would have puts a lot less greenhouse gases, puts less traffic on our streets, and just makes us a greener, cleaner city. And one of the things I know we're going to have to do is we're going to have to lease these and make sure that the lessor provides us the opportunity that if there's graffiti or if there's vandalism that they're going to have to bear that cost 'cause I -- For those of you that don't know this, our vandalism of City -owned property and our graffiti of City -owned property puts us somewhere between the worst city in America, which we are, and South America. And South America, they say, is off the charts. The City ofMiami is just barely on the charts, and then there's the rest ofAmerica. So City ofMiami Page 96 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DI.2 10-00265a Office of Strategic Planning, Budgeting, and Performance somehow we have to grapple with public property and our ability to own it and maintain it. Commissioner Gort, you're recognized. Commissioner Gort: I have a question. And the times that I've been here, I think I've been through six or seven different recycle -- I mean, containers, and they all have been broken into. The last one that we bought, nobody could get into it. It was solid. And unfortunate -- how good are these one here for vandalism? How are they protected from somebody coming in and taking the chips or taking the sun -- the panels and so on? Mr. Baker: Well, first of all, the company actually offers a five-year warranty on everything. Someone comes up with a baseball bat and has a good day with it, they'll send a brand-new one out to you for five years. So you know, five -- Commissioner Gort: No. Well, most of the time it's the homeless going into the -- those trashcans. They're the one that break it up to try to get some products and some goods out of it. That's the -- Mr. Baker: Well, I mean, obviously, you know, they're completely locked up. Someone's going to break into them, I mean, they're going to break into them. I mean, it's a trash compactor. It's not (UNINTELLIGIBLE), you know. So there's a locking device on them. You need a key to actually open them to remove the trash, so I'd say they're pretty safe. Chair Sarnoff All right. Mr. Baker, thank you very much. Mr. Baker: Thank you. Chair Sarnoff Madam City Attorney, you'll work with our office on that? All right. All right, we'll move along, gentlemen. DISCUSSION ITEM A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265a Summary Form.pdf DISCUSSED Chair Sarnoff Mr. Manager, you're recognized for D1.1 [sic]. Carlos A. Migoya (City Manager): Thank you, Mr. Chairman. Let me start off by talking, ifI may, about the March numbers. We have some good news on the projections for the March numbers. After looking at the March numbers, which I believe you have in front of you, we have an estimate on revenues for the end of the year to go up by $2 million from the last number that we had, from the February number projections that we had given you, and we have an improvement on expenses of $5.9 million. Predominantly, that has a lot to do with the overtime in public safety. They continue to manage it really well. So what that does, it gives us a positive variance from where we were last time of about $8 million as a projection; at this time, it's to be running at a deficit of $20.2 million from the 28 million -- $28.3 million that we had in February. So that's the good news we have going there. So some of the expenses that we continue to reduce are in effect the key, you know -- and some of these variations happen -- the longer you go into the year, the more predictable the numbers will be. So, hopefully, there'll be more stability around this. April will be a key month for us because we will know more about the collections of the appealable real estate taxes of 2008, so therefore, we will know exactly what that number comes in at and it will give us a better prediction as to what our revenue stream will be for this year. And again, as we continue to drop expenses, we will have a better indication in City ofMiami Page 97 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 April again as to what that number looks like and we hope to be able to continue to give you better news as we go forward. Chair Sarnoff So let me ask you this. To the average person watching this or the average Joe on the street, as I like to say, what I understood you to say is you're getting better -than -anticipated revenues, meaning the City ofMiami's taking in -- Mr. Migoya: Slightly. Chair Sarnoff -- $2 million -- right. -- and you've managed your expenses by just short of $6 million? Mr. Migoya: That's correct. Chair Sarnoff So what you're -- you're taking in a little more and you're spending a little less? Mr. Migoya: That's correct. Chair Sarnoff And you've improved your position from approximately 28 to about $20 million? Mr. Migoya: That's correct. Chair Sarnoff All right. So you've been on the job for how long? Mr. Migoya: I forget. It's probably a couple of months. Chair Sarnoff All right. So we -- Mayor Regalado: He thinks two years. Chair Sarnoff I'm trying to extrapolate this. 'Cause I'm figuring if he's been on the job for two months and he's been able to save almost $8 million, if we keep him on the job for about another what, seven or eight months, I figure the deficit goes down to $2 million. So -- is that about right? Commissioner Gort: Yeah. Mr. Migoya: Let's not make any commitments at this point in time. Commissioner Dunn: If he keeps that same pace. Mayor Regalado: If he keeps the pace. Commissioner Dunn: Yeah. Chair Sarnoff You know, if you were a lawyer, we could give you a percentage of what you save. Mr. Migoya: I used to be a salesman. I used to get commissions, too, but -- So if we're done with the March -- any questions on the March before I go to the 2011 ? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. You're recognized. City ofMiami Page 98 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: I would -- first of all, you know, I said, you know, how excited and happy I was with this Administration and so forth, and I do see a positive path. This is one of them, being able to get a financial statement so we can review it and so forth. I mean, don't get me wrong, I have questions. And we're still 20 million in the hole for this year, so it's not like, you know, I'm here up and down screaming for joy. We still have issues. And I have questions. I don't know if this is the right format to start asking them, if you and I should meet, Mr. Manager. You know, but -- Migoya: We can meet twice a day instead of once a day like we normally do, Commissioner. I'm happy to do that. Vice Chair Carollo: Well, this is important. I mean, in all fairness, we're still 20 million in the hole. I mean -- Migoya: I agree. Vice Chair Carollo: -- in every category of revenue, for the exception of other revenues, which I would like to, you know, be -- I would like to know a little bit -- be a little bit more specific what other revenues is. In every category of revenues, we are under our budgeted amount. In other words, in every category of revenue, we're receiving less than what we budgeted for. Mr. Migoya: That's correct. Vice Chair Carollo: So, you know, we have issues, for the exception of other revenues. I'd like to know what those other revenues are. Mr. Migoya: Happy to. The -- what that is is the collections from the benefits incurred by the retirees has come in at a higher number than it has, and that's why the projections are higher by the -- I think it's $5 million. Vice Chair Carollo: No. It's about $9 million. Mr. Migoya: No. Well, what mean by 5 million is from last month's projections. Vice Chair Carollo: Oh, from last month. Mr. Migoya: Yeah. Vice Chair Carollo: But a total of 9 million for the year? Mr. Migoya: The projection now is at 11.7 versus last time being 6.6 on other revenues. Is that correct? Vice Chair Carollo: You're saying last time, you're saying last month? Mr. Migoya: Last month. When we made the projection last month, we'd estimated other revenues to come in at 6.6 for the entire year. Now we're estimating it to come in at 11.7. Vice Chair Carollo: Gotcha. And I'm looking at from the original budget, which was estimated to come in at 2.1. Mr. Migoya: I got it. Vice Chair Carollo: And that's where I'm coming up with the 9 point -- City ofMiami Page 99 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Migoya: The 9 million. Vice Chair Carollo: -- for the total year. Mr. Migoya: I understand. Vice Chair Carollo: Gotcha. I have a question. I understand the $10 million, which I guess the prior Administration thought we would, you know, find at the last minute somewhere, that we would find exfra monies and that's why, you know, it's bumping up our deficit in total revenues for 16 million, but leaving revenues, you know, aside, I want to speak about our expenditures. Our NET (Neighborhood Enhancement Team) offices are expected to be over their budget by 1.2, 1.3 million. What's the reason for that? Mr. Migoya: Well, kind of a long story, like everything else we have around here. But I will tell you that a lot of that is that there were a lot of people that were being paid by the NET that were not working at the NET. We're in the process of moving those people. And that's one of the first things that I discussed when I came on board, is that I want to make sure that any department that has specific people working in it that they will have the cost center charged to it. So we're in the process of removing and moving those people to the right cost centers so we know exactly where the budget variances are. And I know that we've identified what those are at this point, and we're in the process of moving them. So by the time you see this next month, that variance -- they'll still be over, but it won't be that size. It'll be a substantial difference. Vice Chair Carollo: I got you. So -- 'cause they're over right now. I mean -- Mr. Migoya: Correct. Vice Chair Carollo: -- to date, they're already over their budget. Mr. Migoya: Correct. Vice Chair Carollo: But it was just a large -- a very large amount -- Mr. Migoya: Yeah. The people -- Vice Chair Carollo: -- that it was expected for the -- Mr. Migoya: -- that you weren't paying for, the NET was paying for. Vice Chair Carollo: Gotcha, gotcha. And then the other question, without putting you on the spot, I wanted to know why if they're projected to have a $3 million -- not a deficit. If their budget for this year is expected to come in at 3 million, why you were only projecting 1.8 for 2011? But I see why. Because you're expecting to remove some of those people from -- Mr. Migoya: Well, I think that projection -- see, this projection's based on current -- Vice Chair Carollo: I under -- Mr. Migoya: -- expenses. So once we transfer those people out, that projection will also come down. They won't come in at the 3 million. They -- we'll adjust those salaries out of there. Vice Chair Carollo: Understood, understood. I'm not going to point out -- and by the way, I'm actually very happy to see our public safety departments, Fire and Police, that, you know, they're keeping within their budgets. That's a -- they're actually doing very, very well, which I'm -- City ofMiami Page 100 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Migoya: Not only keeping within budget, but as I mentioned last time, they've substantially reduced the numbers from last year. They're doing a tremendous job of managing expenses. Vice Chair Carollo: Exactly. And that needs to be commended to the two chiefs. You know, that really needs to be commended. I'm not going to point out all the other different departments and so forth that are over their budgets, but, you know, we are roughly 5.6, close to 6 million over budget in those departments. And, you know, I'm hoping that each department, without calling them out, know that they're over and they could start making the adequate adjustments in order for them to come within budget by the end of the year. Mr. Migoya: We're working on it. Vice Chair Carollo: One last thing, Mr. Manager. The 1,385,000 of transfers out, could you explain to me a little more exactly what that is? In the transfers out. Mr. Migoya: Are you talking about in the HUD (Department of Housing and Urban Development) ? I can't answer that for you. And Larry Springs [sic] is on -- We have experts here. I'm just -- Vice Chair Carollo: Excellent. Diana Gomez (Director): Diana Gomez, Finance Department. This was a million three that was originally budgeted to be transferred out in order to pay for -- there was a repayment plan to HUD that we had to -- based on an audit of HUD, they had found issues that we had and we had to repay. And I believe this $1.3 million has to do with the fact that the Community Development found some different sources of funds in order to pay that repayment from affordable housing trust fund. Vice Chair Carollo: So it was paid from another account? Ms. Gomez: That's right. Vice Chair Carollo: Okay, 'cause I -- Ms. Gomez: So we're not going to transfer this out. We're not expecting to transfer this out anymore to HUD or to CD (Community Development) in order to pay -- (UNINTELLIGIBLE) payments. They found another source. Vice Chair Carollo: Okay. Now it makes sense, 'cause I was saying why are we making an increase when, in all reality, we're paying it out. It doesn't make sense. Ms. Gomez: Right. Vice Chair Carollo: So what you're saying is the reason why it's an increase is because we're never going to pay -- Ms. Gomez: The general fund doesn't have to fund it anymore. Another source is going to fund it. Vice Chair Carollo: Okay. Thank you. Ms. Gomez: You're welcome. Vice Chair Carollo: Thank you, Mr. Manager. City ofMiami Page 101 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Any questions of the Manager or the Mayor with regard to budget? Commissioner Suarez: Mr. Chairman, ifI may. Mayor Regalado: IfI may. Chair Sarnoff Go ahead. You're recognized for the record. Commissioner Suarez: I just want to commend the Mayor and the City Manager because they're working -- particularly the Manager's working after the fact. You know, this budget was approved before the fiscal year, before we arrived, and certainly before you arrived, Mr. Manager, so you're working after the fact, and it's hard to make these decisions and figure out how to cut things after they've -- these decisions have already been made. When I firstgot here, we were told that our fiscal year 2009 budget was roughly anywhere between 25 and $30 million out of balance. And the first thing I told then the City Manager is I hope we're learning our lesson and we're not going to repeat this in fiscal year 2010, which had already been adopted and then was ongoing. So you know, I made the same statement to you. I'm assuming that in addition to you working very hard to minimize or eliminate all of these -- this budget discrepancy that we have, that you are heeding these lessons for the upcoming fiscal year budget so that we don't repeat this, which we obviously don't have any -- we're not going to have any wiggle room to maneuver anyways. Mr. Migoya: IfI may -- I'll address you, Commissioner Suarez, but I'll do it as part of the budget for 2011. We are starting the budget process pretty much at this time, and part of it, as the Mayor said, an important piece of this will be the contract negotiations as we go forward 'cause that'll integrate them with the cost for -- you know, basically 75, 80 percent of our cost, which is labor at the end of the day. The big challenges we have ahead of us are around revenue. And we are right now making some estimates as to what the revenue projections will be, but the more accurate revenue projections will come in June when we know what the assessed values are by the property appraiser. And then when we do that, we are very, very close to that number. What happened last year partly was the revenue side was underestimated, but not that much. Frankly, they didn't move on a lot of these expenses or they didn't expect expenses to drop -- to increase to the levels that they did, which is what -- why they have the deficit we have today. But if you look at the numbers, the revenue is off by $16 million from the budgeted number. A big piece of that is that $10 million number that we still don't know what that number is all about. So I'm dealing with it at this point in time as best I can. The good news is that we have many departments that are well ahead. The biggest problems that we have are around Risk Management, which are still not, you know -- growing exponentially, both from lawsuits as well as other -- just normal lawsuits that we have there, and that's our biggest costs, our biggest variance right there that we have. So we are -- we're managing that the best we can. As we go forward into this coming year, just so you know, we've done the projection on property values to go -- assessed values to go down by 10 percent from last year's number. We're not expecting new developments to the level that we did last year. So for that reason, we're looking at an additional drop in revenues from this year's budget of about $50 million. And if you look at it from the projection of where we're going to end up this year, it's approximately $33 million from where we're going to end up this year if you look at the overall revenues. I will tell you that the expenses, most of the departments, if you look at where we are now from last year, we're looking to reduce expenses in every department. The only one that we're not sure of or comfortable with is Risk Management 'cause we really need to understand -- that's obviously not -- that's not people. That's actually the losses -- Vice Chair Carollo: Claims. Mr. Migoya: -- and everything we deal with with Risk Management. So, obviously, that's the wildcard at this point in time, and frankly, we're going to fry to have better controls around it. City ofMiami Page 102 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 As we go into the budgeting process this year different from last year, this is what I've been telling everybody, we're going to do the budgeting process from the ground up. What's been done here historically is at the very top of the house, they said we're going to cut "X" number of people, we're going to cut "X" number of dollars, and then they ended up cutting the wrong people, ended up with the wrong operations. You'd have to hire people back. And so therefore, it was not an effective way of doing your budget. So you've got to build it fi^om the ground up to make sure that department heads buy -- not only buy off but have an operational way in which they can work with their operating expenses. In addition to the -- so if you look at our expenses, the other big increase is the -- our pension costs, which will also grow by $22 million from last year. So, for those reasons, we're looking at a budget increase in expenses for next year at this point, if we don't do anything between increases, salary increases and the costs of pension, for the number to go up by $37 million. In doing so -- Chair Sarnoff Why do you say salary increases? Mr. Migoya: Because as of right now, contractually, we have salary increases that are in there for all our union employees. Chair Sarnoff Butl thought this was the last year of the contract. I thought this was -- that -- Vice Chair Carollo: (UNINTELLIGIBLE). Chair Sarnoff Right. So why are there --? Mr. Migoya: Three out of four. Chair Sarnoff Well, right. Fire delayed it for one more year. But let's just talk about the contracts that are coming up. Why would we --? Mr. Migoya: All we did in this projection -- Chair Sarnoff Okay. Mr. Migoya: This is not our budget. -- is to say if we continue to do the business the way we're doing it today, this is what it would be, which means if we kept the increases at the rate -- Chair Sarnoff Right. Mr. Migoya: -- we're doing them now -- Chair Sarnoff Right. If you predicted that this contract carried forward -- Mr. Migoya: If we assume the same level of increases that we've been doing, which averages for union contracts around 4 percent, that this is -- that's the projection that we have here -- Chair Sarnoff Okay. Mr. Migoya: -- and that's what I'm saying. If we don't change anything from the way we're doing it today -- Chair Sarnoff I misunderstood you. Mr. Migoya: -- that's what this projection is. So if we do all that -- if we don't change anything, we would have a deficit for next year of $86, 451, 000. City ofMiami Page 103 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff And when you made mention of the 10 percent reduction in real -- in assessed values of real estate, where are you getting that number from or have you conferred with the appraiser or --? Mr. Migoya: All we did is looked at what last year's decreases were by -- Chair Sarnoff Sixteen percent, right? Mr. Migoya: No, but that was tax revenues, not assessed values. Chair Sarnoff Okay. What did the assessments go down by? Mr. Migoya: The assessments last year went down by 10 percent, which caused revenues to drop by 16 percent. Chair Sarnoff See, and my concern -- I believe -- and if you were to factor in all of the tax appeals, I believe the number would be closer to 16 to 20 percent, and I think you're going to face the same thing this year. Mr. Migoya: We will know better -- well, if you look at the decrease that we're showing, projection in property taxes, decreases we're expecting, it's from a projected 257 down to 218. That's $40 million. That's about 18 percent is what we're projecting revenues to go down by in property taxes. Chair Sarnoff All right. I'm sorry. Mr. Migoya: So when we say -- what happens is you've got assessed values, and then you have the revenues generated from the assessed values. They're not -- when assessed values drop by a certain amount, they get linked to the revenues because you have homestead and all the other pieces, so they're not in line. If assessed values drop by 10 percent, they don't -- revenues don't necessarily drop by 10 percent. Chair Sarnoff By 10 percent, okay. Mayor Regalado: IfI may, Mr. -- Chair Sarnoff Mr. Mayor. Mayor Regalado: Last week I met with the property appraisal [sic] and, in fact, he came for help because he needed some permitting to open two new offices in the Stephen Clark Center, and he has a plan to finish all 2009 appeal [sic] by December of this year. That's very ambitious, but he said that he can do it. He has given the budget to hire 30 new employees so they can deal with all the appeals because, as you know, they have a huge backlog. So he says that by December, all the 2009 appeals will be done, and -- so he will be up-to-date. The other thing he mentioned, and I passed the information to our team in Tallahassee, is that the property appraisals [sic] are supporting some item in the agenda of the state House and the Senate that would give the appraisals [sic] the possibility of getting money from people who owe money and having some kind of waiver. That would -- if that law is passed and people will use that law to save money, the County and the City will get additional funding, which is unexpected, but they are thinking in the millions and millions of dollars because people will have some kind of amnesty in their back taxes. So if that law is approved, we may see this year and next year an increase offunding. You also have today the FPL (Florida Power & Light) franchise, which will be a better franchise and more money than the year before -- the years before for the City, so we're taking the steps. City ofMiami Page 104 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. Mr. Manager, you correctly stated how Risk Management is the one -- the department that has the -- how do I phrase this? Is over their budget the most. However, right below them is non -departmental. What exactly is non -departmental? Because you're also, for 2011, projecting a 3.1 million, not really deficit, but that they will be over their budget by 3.1? I mean -- and the combined is three point -- I'm sorry, the combined for the two years will be 8.7 over their budget. Mr. Migoya: What they do -- what they've been doing here is they've been putting attrition in that number. That's why it's a negative number. So rather -- if -- when you budget, they're budgeting it at full employment, but then any attrition that there may be or turnover that there would be, it's all done on a centralized basis, rather than given at the individual departments, so that's why that's a negative number. So they -- that's -- if you look at it because it's a negative, it's actually a savings to the expenses is how they do that. Vice Chair Carollo: We need to discuss this a little further. And again, I mean, I don't want to take up all the Commission's time -- Migoya: Yeah. I'm happy to do -- Vice Chair Carollo: -- but we need -- Mr. Migoya: But basically -- Vice Chair Carollo: -- to discuss this a little further. Mr. Migoya: -- what they got is a 5 percent vacancy, and they take the total of dollars of salaries and they use a negative 5 percent for vacant -- for turnover, and they have that at the bottom. But I can explain that to you. Vice Chair Carollo: Yeah. We need to go over that a little -- in more detail. Mr. Migoya: Right. Vice Chair Carollo: And even though I didn't want to get into departments, there are two departments that I need to mention. Right now at the present time, Parks and Recreation is 3.1 over their budget, and GSA (General Services Administration), which I know in GSA we had some movement, but they're 2 million over their budgets [sic], and that really needs to look -- be looked at. Mr. Migoya: In the case of Parks, they've been over budget all year long. And one of the things that happened with Parks is last year's budget did not include any staffing for the summer, which obviously, we had to put staffing in the summer 'cause we had to have summer programs in the parks, so that's some of the challenges of how the budgeting got done last year that -- so -- that's all I'm -- I hate to blame it to whatever happened in the past, but that's exactly what it was. There's nothing else I can say about that. Vice Chair Carollo: But it needs to be pointed out. Mr. Migoya: I agree. Vice Chair Carollo: It needs to be pointed out because it's a huge amount. I think it's the third City ofMiami Page 105 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 line item that's, you know, over their budget the most, so that's a huge amount, so it needs to be pointed out. And mind you, I'm paying for one of those employees from the Parks Department from my budget, or at least I was. Mr. Migoya: No, no, only about 80 percent. Vice Chair Carollo: So -- okay. That's all I have. Chair Sarnoff All right. Any other -- Mr. Migoya: All right. Chair Sarnoff -- Commissioner have any other discussion item with the Manager regarding budget? Commissioner Gort, you're recognized. Commissioner Gort: Addressing the work program, summer program, are we doing anything to be part of the fundings [sic] for the summer programs going to be coming up this year? Mr. Migoya: The -- Ernest is not here, but -- Mayor Regalado: Commissioner, we have a problem. They are late. You know, as of the other week, no funding has been moved and this ends at the end of summer, so we are meeting with the Workforce director, Assistant City Manager Tony Crapp. I wish you can -- your office should be represented because we do have a problem in getting the funds moving from Workforce. This is what happened last year. Commissioner Gort: Right. Mayor Regalado: Exactly what's happened -- what the Vice Chairman asked. You know, we had -- oh, we have the money. We did not get the money ever. And, you know, it is time for the City to consider creating a workforce. I know that you are being very active in researching that, but it is time for the City to create our own workforce -- Commissioner Gort: Right, yes. Mayor Regalado: -- so we can have access to the money. As of now, we have people that were approved to work in computer training. They can -- they have not been hired because the funding -- Commissioner Gort: Is not there. Mayor Regalado: -- is not moving. Commissioner Gort: Yeah. Mayor Regalado: We have a very serious issue with that. Commissioner Gort: I think we should ask our attorney if we can have an independent application ourself [sic]. I think that City ofMiami at one time used to have it. We used to receive the funding directly. Mayor Regalado: We did that -- Commissioner Gort: Yeah. City ofMiami Page 106 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mayor Regalado: -- and then -- I remember that I, many years ago, asked but the Commission didn't follow through. But it's important that you consider this as a legislative body because we keep having this problem. Maybe with this meeting we could resolve it, but we don't know. Vice Chair Carollo: Mr. Chairman. Commissioner Gort: Thank you. Chair Sarnoff You're -- Commissioner Dunn and then Commissioner -- I'm sorry, Vice Chair is recognized. Commissioner Dunn: Yes. Along that same lines, if I'm not mistaken, Commissioner Gort, there was a program in Culmer, Mr. Mayor, and then it was moved to 36th Street at the bank, and that was our jobs program. Am I correct? Mayor Regalado: Yeah. Commissioner Dunn: Yeah. Mayor Regalado: But still -- Commissioner Gort: We need to apply for the funding independently. Mayor Regalado: -- the funding is not -- Commissioner Dunn: I understand. I'm just -- and I would support something like that. Commissioner Gort: We need to get our own consortium. Commissioner Dunn: Okay. Chair Sarnoff I agree. Mr. Migoya: The Park -- just so you know, the Parks budget did not plan for any of those 'cause last year -- first, they were late. And second, we had trouble getting the money. There's also an exception with some of these employees of South Florida Workforce that they can't work around pools, so obviously, that prevents some of them from working in some specific parks. Chair Sarnoff I'm sorry. They can't work around pools? Mr. Migoya: Around pools. Commissioner Gort: Liability. You know your lawyers. Chair Sarnoff No. I'd like to figure that one out. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I just want to be able to be -- you know, participate. Obviously, we need to be cognizant of Sunshine laws and so forth, butt just want to be able to participate on -- you know, I don't know if we're going to make a committee or how it's going to be done, but the bottom line is there are certain requirements and I'm not going to go into the flowchart and how federal funding streams down to the different workforce agencies throughout the state. I believe there's 23 of them, but I don't think it's going to be as easy as everyone thinks. And I just want to be able to, you know, participate and so forth, to lend a hand 'cause I think it will be great. I just -- again, knowing how some of the revenue sources come down from the federal government to the state, down ultimately to the Workforce, and then the City ofMiami Page 107 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 One Stops and so forth, I just, you know, want to lend a hand so I can participate in this. Mayor Regalado: And Mr. Vice Chairman, you were the City's representative at that board and became chairman -- Vice Chair Carollo: Yes. I -- Mayor Regalado: -- several years ago. And I know that you were frustrated. In fact, we need to understand who is representing the City now because the last Administration dropped the ball on representation. Vice Chair Carollo: And again, I don't want to get into too many details and so forth. And it's been quite a few years ago since I was chairman there and yes, I was the appointee for the City ofMiami or one of the appointees for the City ofMiami and I won't get into the details. But as soon as I went in there, their financial statements were out of whack, and new auditors came in and so forth. But the bottom line is that, yes, I became soon after the treasurer and was voted unanimously to become their chairman. But again, that's been many, many years ago. So, yes, I would like to be able to participate and help out and see how, you know, I can participate and help out 'cause I think it's important. Chair Sarnoff Commissioner Gort. Commissioner Gort: My suggestion is we should find out if we have any representation in the City ofMiami. If we don't, I think Commissioner Carollo would be great -- I mean, Vice Chairman Carollo. Vice Chair Carollo: What happened is a few years back -- and again, we're going back some years -- there was a new -- Mayor Regalado: We have several. Vice Chair Carollo: -- interlocal agreement where what happened was, there was "X" number of municipalities and Monroe County that formed South Florida Workforce. Miami Beach, Hialeah, City ofMiami, Miami -Dade -- Mayor Regalado: Homestead. Vice Chair Carollo: No, I don't think Homestead was part of it. -- County and Monroe County. There was a new interlocal agreement because the State thought that we were not in agreement or so forth. And the County now is the one -- or the County Mayor, the County is the one that now appoints all the members, for the exception of maybe Monroe County. And I -- again, I'm going back on memory, so you know, don't quote me on everything. Mayor Regalado: That is correct. The County Mayor is the one that appoints the director and the members. Vice Chair Carollo: Right. So don't quote me on everything, but I'm just giving you a gist of it, and again, I'm going on memory. But you know, I definitely -- I'm for to, you know, work with all ofyou to see how we could, you know, make this happen and, you know, go forward. But again, it's not that easy. There's state requirements and so forth in order to obtain the federal fundings [sic] and there's a flowchart. Commissioner Gort: Right. Chair Sarnoff And just so anybody -- I know nothing about South Florida Workforce, don't City ofMiami Page 108 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 know who I'm about to offend, but just so it's very clear, there were two people on this dais, yourself and myself and we were told the entire -- not the entire, but predominantly the entire summer program was going to be worked for -- Mayor Regalado: Yes, sir. Chair Sarnoff -- and paid for by the federal government -- Mayor Regalado: Yes, sir. Chair Sarnoff -- through South Florida Workforce. We simply did not budget for those people - Mayor Regalado: Yes, sir. Chair Sarnoff -- simply because we were told don't worry about it. Commissioner Gort: Yeah. Chair Sarnoff Then I don't even know if you got 100 people. I think there was supposed to be -- I don't know about thousands. There was supposed to be a huge amount of people coming in. They never showed up. So now you have Mr. Burkeen trying to run a summer program, and trust me, I'm sure you get the same e-mails (electronic) I get, probably more so in your districts - - what's going on with the summer program? The City's cutting the summer program. We're a reactive city. We react, we started hiring people. He's completely out of budget because we didn't budget for it. And yet, we were told on the dais, don't worry. And I don't know if the number was 10 million, Mr. Mayor, but it was a high number. Don't worry about the summer program. It's going to be paid for through a grant that was received by the South Florida Workforce. Mayor Regalado: I think the number was 300, something like that, 300. Chair Sarnoff Was it? It was a significant number, and it was a number just not budgeted. He's then out of budget. We're getting phone calls, we're getting e-mails. Why is the program being cut? What are you guys doing? They simply didn't show up. So anybody that says to me next time, don't worry, South Florida Workforce is coming -- Mayor Regalado: Don't believe it. Chair Sarnoff I'm just -- I'm going to tell you that I'm not going to accept that budgeting item. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Just as a caveat, I was not part of South Florida Workforce when there -- Chair Sarnoff And I didn't mean to suggest that, at all. But it was very disheartening. We had the budget committee. It was a big number, and we were all sitting there going what happened to the South Florida Workforce. Oh, they just didn't come. So all right. Anybody have any other questions of the Mayor or the Manager regarding budget? Vice Chair Carollo: One more thing. As a matter of fact, I don't want to take full credit for it, but at the time that left being chairman of South Florida Workforce, we had the lowest unemployment rate in I don't know how many years, but -- so -- City ofMiami Page 109 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff What year was that? Commissioner Gort: Well, we got to get you back. Vice Chair Carollo: So -- like I said, quite a few years ago. Thank you. Chair Sarnoff We got to figure out what you were doing right 'cause we'll do whatever you were doing then. DI.3 10-00500 DISCUSSION ITEM DISCUSSION RELATED TO APPOINTING DIFFERENT COMMISSIONERS TO CHAIR EACH OF THE THREE SEPARATE CRAS. 10-00500 Discussion Page.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: While we're waiting, I do want to ask for your apologies. I wanted to defer D1.3 [sic]. Chair Sarnoff D1.3? Commissioner Dunn: Yes, D1.3 [sic]. Chair Sarnoff All right. So is that a motion? Commissioner Dunn: Yes, it can be. Chair Sarnoff We have a motion to defer D1.3 [sic], which is on page 17 of your agenda, gentlemen. Is there a second? Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion on that item? Commissioner Dunn: Well -- Chair Sarnoff Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Mr. Baker, you want me to bring this back at another Commission meeting? Mr. Baker: No. Pamela L. Latimore (Assistant City Clerk): Chair, I need to know what date, what meeting that item is being deferred to or contin -- or do you just want to continue it? Vice Chair Carollo: Just continue it then. Commissioner Dunn. City ofMiami Page 110 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff She wants to know when you want to defer that to or do you want to just defer it indef -- Commissioner Dunn: Just leave it indefinite, I guess. Right now things -- no rush. Just -- Ms. Latimore: Okay. Commissioner Dunn: Everything seems to be going real well, so if it's not broke, we're not going tofix it. END OF DISCUSSION ITEMS City ofMiami Page 111 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 PART B: PLANNING AND ZONING ITEMS Chair Sarnoff PZ.1. Vice Chair Carollo: No. Don't you have to start the --? Chair Sarnoff Oh, I'm sorry. You have to do the P -- Vice Chair Carollo: -- PZ (Planning & Zoning) -- Chair Sarnoff PZ meeting. Vice Chair Carollo: Right. Commissioner Gort: No. Vice Chair Carollo: Swearing in. Pamela L. Latimore (Assistant City Clerk): I need the order. Chair Sarnoff PZ, unless -- Commissioner Gort: How 'bout [sic] DI. 1 ? Chair Sarnoff Are you in a position to do the one --? No, okay. Commissioner Dunn: Mr. Chairman, could we --? Chair Sarnoff Didl miss something? Commissioner Dunn: No. I wanted to request something on the PZ items. Chair Sarnoff You want to -- Commissioner Dunn: To defer. Chair Sarnoff Any deferments? Commissioner Dunn: Yes, sir. Chair Sarnoff All right, let me just get -- go ahead. Commissioner Dunn: Could we consider deferring PZ.28 through PZ.35? To defer. Chair Sarnoff Did you say 28 through 35? Commissioner Dunn: PZ, yeah, 28 through PZ.35. Vice Chair Carollo: Twenty-eight through thirty-five. Maria J. Chiaro (Deputy City Attorney): Twenty-eight through thirty-five? Commissioner Dunn: That's correct. Chair Sarnoff All right. City ofMiami Page 112 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Latimore: Commissioner, if deferring, we need a date certain. Commissioner Dunn: I guess at the next -- Ms. Latimore: Next -- Commissioner Dunn: Go ahead. Chair Sarnoff PZ item -- Commissioner Dunn: Yes. Chair Sarnoff The next PZ agenda? Commissioner Dunn: Yes, yes. Ms. Latimore: Next PZ agenda? Chair Sarnoff So that would be the May -- Ms. Latimore: May 27. Commissioner Dunn: Go ahead. You got some -- you had something? Commissioner Gort: May what? Chair Sarnoff May 27. Is that what you said, Madam Clerk? Ms. Latimore: Yes. Chair Sarnoff May 27 agenda. So we have a motion by Commissioner Dunn to defer PZ.28 through 35 to the May 27 agenda. Is there a second? Vice Chair Carollo: Second -- Commissioner Gort: Second. Vice Chair Carollo: -- for discussion. Chair Sarnoff Second by Commissioner -- Vice Chair. You're recognized for the record. Vice Chair Carollo: Is a month going to be enough, Commissioner, or should we defer it a little longer? Commissioner Dunn: I mean, I'll follow whatever the pleasure is of this Commission. But I feel that should be sufficient. Vice Chair Carollo: Well -- okay, I'll tell you what. Yeah, let's go with the month. And if anything, we'll defer again should one of us -- so I don't have a problem with it. Commissioner Dunn: All right. Chair Sarnoff All right, so we have a motion, we have a second. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." City ofMiami Page 113 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 The Commission (Collectively): Aye. [Later...] Chair Sarnoff I -- Now, Mr. Manager, if you help me with this, I believe everybody is okay with moving all the Miami 21 issues to another agenda. I'm not absolutely sure where they start. I believe they start at PZ.12. I am aware of the ones that need to go today. But if you could just tell me, am I right, do they start at PZ.12? Carlos A. Migoya (City Manager): If we (UNINTELLIGIBLE). Ana Gelabert-Sanchez: Ana Gelabert, Planning director. The ones that we should be hearing today because they're procedural would be PZ.13 -- Chair Sarnoff I got those. Ms. Gelabert-Sanchez: --15, 16, 17 -- Chair Sarnoff Twenty-six, twenty-seven. Ms. Gelabert-Sanchez: -- 26, 27, and -- Chair Sarnoff SP.]. Ms. Gelabert-Sanchez: -- Supplemental I. Chair Sarnoff SP.1. Mr. Migoya: And everyone [sic] else could be heard at another time. Ms. Latimore: Can we have that repeated for the record, please? Chair Sarnoff Yes. Well, no. These are the ones that need to be heard. You still want them restated? Ms. Latimore: Please. Chair Sarnoff PZ.13, PZ.15, PZ.16, PZ.17, PZ.26, PZ.27, SP.1 will be heard today. Ms. Gelabert-Sanchez: And Chairman, PZ.14 as well. That's the one that modifies the qualifications for the Planning, Zoning and Appeals Board, so 14 also. Chair Sarnoff Madam City Attorney, you didn't tell me PZ.14 needed to be heard. Just a criticism. All right, so PZ.14 must be heard today as well. Now, where does Miami 21 begin on this agenda? Is itPZ.12? Ms. Gelabert-Sanchez: It would be PZ.12, since PZ.11 has been deferred. Chair Sarnoff Then everything else below PZ.12 is a Miami 21 issue? Ms. Gelabert-Sanchez: There's some that are amendments to the Code for alcoholic beverage in Chapter 62. Chair Sarnoff I want to hear PZ.18 and PZ.19, so I'm not going to put -- City ofMiami Page 114 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Gelabert-Sanchez: Okay. Chair Sarnoff -- that as a deferment. Ms. Gelabert-Sanchez: Yeah. All of the other ones do have something -- Chair Sarnoff You guys want to take a recess and get this right? Commissioner Gort: Yeah. Ms. Latimore: Please. Ms. Gelabert-Sanchez: Yeah. And maybe we can just put them -- it's just alcoholic beverage. One has (UNINTELLIGIBLE). Chair Sarnoff You guys -- I'm going to ask this one more time. Ms. Gelabert-Sanchez: Yes. Chair Sarnoff Do you want to take a recess -- Ms. Gelabert-Sanchez: Yes. Commissioner Gort: Yes. Chair Sarnoff -- and determine what you're going to hear today? Ms. Gelabert-Sanchez: Yes, please. Chair Sarnoff We will be in adjournment for ten minutes. [Later..] Chair Sarnoff All right, back on the record. Commissioner Dunn: Mr. Chairman. Chair Sarnoff I think -- yeah, Commissioner Dunn, I know you had a motion you wanted to make. Commissioner Dunn: Yes. I'd like to make a motion to reconsider the items that I previously deferred -- I believe that was PZ.28 through PZ.35 -- so that we can sort of clear the record for the Miami 21 items that will be deferred. Chair Sarnoff All right. So your motion is to reconsider the deferral, correct? Commissioner Dunn: That's correct. Chair Sarnoff All right, we have a motion to reconsider the deferral. Is there a second? By Commissioner Gort. Commissioner Gort: Second. Chair Sarnoff Hearing a second, any discussion? Seeing and hearing none, all in favor, please City ofMiami Page 115 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Then you want to make another motion. Commissioner Dunn: Yes, sir, I do. The motion to defer items PZ. 12, 21, 25, 28, 29, 31, 32, 33, 34, and 35, and not to a particular date. Chair Sarnoff So just a motion to defer? Commissioner Dunn: That's correct. Chair Sarnoff All right, so we have a motion to defer. Is there a second? By Commissioner Gort. Commissioner Gort: Second. Chair Sarnoff Hearing a second by Commissioner Gort, any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Ms. Latimore: For the record, state that those have been indefinitely deferred. [Later..] Chair Sarnoff Okay, PZ. 1. Ms. Latimore: We need to swear -- Ms. Chiaro: The P -- Chair Sarnoff Oh, sorry. Ms. Chiaro: -- the PZ (Planning & Zoning) items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. 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 then make its recommendations. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will -- permitted to speak on certain petitions. Petitioner may ask questions of staff. Appellant or petitioner will be permitted to make final comments. The Clerk may swear those wishing to testify. Ms. Latimore: All persons who will be speaking or testifying on an item, on a PZ item today, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. PZ.1 09-00029xt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXTENSION OF TIME FOR A SPECIAL City ofMiami Page 116 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 6, SECTION 612, "SD-12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING PROPERTY, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA. 09-00029xt Extension of Time Letter of Intent.pdf 09-00029xt CC R-09-0202.pdf 09-00029xt Analysis.pdf 09-00029xt Zoning Map.pdf 09-00029xt Aerial Map.pdf 09-00029xt Miami 21 Map.pdf 09-00029xt Original ZB Reso.pdf 09-00029xt Letter of Intent.pdf 09-00029xt Application & Supporting Documents.pdf 09-00029xt Plans.pdf 09-00029xt CC Legislation (Version 1).pdf 09-00029xt Exhibit A.pdf 09-00029xt CC 04-22-10 Fact Sheet.pdf LOCATION: Approximately 550 NW 42nd Avenue and 4227 NW 5th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval of the extension of time and approval with conditions* of the original request. *See supporting documentation. PURPOSE: This will allow an extension of time to allow a surface parking lot to serve the abutting property. Motion by Commissioner Gort, 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-10-0171 Chair Sarnoff All right. Ready to proceed? PZ.1. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.1 is a request for extension of time of a special exception that was granted on an SD-12 for the property 550 Northwest 42nd Avenue, property of the American Welding Society Headquarters. The extension -- the special exception was granted on April 22 and then he got another extension. Thank you. Chair Sarnoff All right, it's a public hearing. Anybody wishing to be heard on PZ.1 ? You're recognized for the record. City ofMiami Page 117 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Gilberto Pastoriza: Gil Pastoriza, 2525 Ponce. I'm here to answer any questions that you may have on this matter. Chair Sarnoff Okay. Anyone else from the public wishing to be heard on PZ.1 ? The public hearing is open. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street, secretary ofMiami Neighborhoods United. I have a question for the Planning Department. Regarding the SD-12, is it correct that the underlying zoning will remain in place? Mr. Lavernia: Yes, sir. This is an overlay district. Mr. Cruz: And that underlying zoning will protect the neighborhood from commercial encroachment. Is that not also correct? Mr. Lavernia: There's an overuse allowed in SD-12 that's surface parking. Mr. Cruz: I understand, but it's for parking only, correct? Mr. Lavernia: Surface parking is the only use that can be in an SD-12. Mr. Cruz: Thank you very much. Chair Sarnoff All right. Anyone else from the public wishing to be heard on PZ.1 ? Public hearing is now -- Commissioner Gort: Move it. Chair Sarnoff -- closed. We have a motion by -- Commissioner Dunn: Second. Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Gort, second by Commissioner Dunn. We have a full Commission, look at this. Commissioner Suarez: Yeah. Chair Sarnoff All right. Commissioner Suarez: Thank you for the recess by the way, gentlemen. I appreciate it. Chair Sarnoff Not a problem. Any discussion, gentlemen? All in favor then, please say "aye." The Commission (Collectively): Aye. PZ.2 08-01084xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, "SD-12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW SURFACE PARKING TO SERVE ABUTTING DISTRICT, SUBJECT TO ALL APPLICABLE City ofMiami Page 118 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 CRITERIA; WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND THREE UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0280, 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA. 08-01084xc Analysis.pdf 08-01084xc Zoning Map.pdf 08-01084xc Aerial Map.pdf 08-01084xc Miami 21 Map.pdf 08-01084xc Letter of Intent.pdf 08-01084xc Application & Supporting Docs.pdf 08-01084xc Plans.pdf 08-01084xc CC Legislation (Version 2).pdf 08-01084xc Exhibit A.pdf 08-01084xc CC 04-22-10 Fact Sheet.pdf LOCATION: Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street and Three Unassigned Addresses, Having Folio Numbers 01-4103-037-0280, 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami -Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on April 12, 2010 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow surface parking. Motion by Vice Chairman Carollo, 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-10-0173 Vice Chair Carollo: We're on PZ.2, okay. And you needed to be -- Roberto Lavernia (Chief of Land Development): For the records [sic], Roberto Lavernia, with the Planning Department. PZ. 2 is the special exception for the surface parking lot for Miami Dade Community [sic] College that was approved the zoning change in order to get the SD-12, and this is the parking lot. The Planning Department is recommending approval with one conditions [sic], and it said that the applicant shall provide a revised landscape plan showing separation between the turnaround access way and the existing building and separation between the parking row and the existing building on the west and south sides of the proposed parking lot and that the proposed hedge species and quantity is clearly indicated on the plan prior to the issuance of any building permits. City ofMiami Page 119 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff All right. This is a public hearing on PZ.2. Anybody wishing to be heard, please step up to the microphone. Gilberto Pastoriza: Mr. Chairman, Gil Pastoriza, 2525 Ponce De Leon. I'm here on behalf of the College and to answer any questions. I think this special exception for surface parking is what this Commission wanted to see there. Chair Sarnoff Mr. Pastoriza, before you step down. And I apologize; any Commissioner that's in this district, but they did show us numerous photographs, and it appeared to me in the numerous photographs that were shown, it didn't seem like they had irrigated the previous landscaping. Is this irrigated? Mr. Pastoriza: Yes. Chair Sarnoff Okay. You're rec -- Commissioner Gort: Good point. Chair Sarnoff Huh? Commissioner Gort: Good point. Chair Sarnoff You're recognized for the record, Mr. Cruz. Mariano Cruz: No. I just say -- Mariano Cruz, 1227 Northwest 26 Street. I wonder how come the Miami Dade get a special treatment in there? These people, Miami -Dade -- I know because I know -- I just got lunch today at that restaurant there, 27 -- I go by 27. You got 25, 27, 5th, 6th Street, they've been parking cars there for a long time there, long, long time, and they erase one of the building there. Now, I like to know what Miami Dade is going to give the City in real taxes of all those tax paying properties that they erase? Since they are a 501(c)3, what they going to --? Oh, they as a lot of you people here -- they've been 5013(c) [sic] that paying in real taxes, they paying something to the City, because even if you got 10 properties, just in the solid waste fee is $3, 650 just in that, okay, what they going to give, and they were parking cars there. All this time they were parking the cars there. What they got? They got a special thing that this original facility -- they got people coming from Broward County to Miami Dade, not everybody, and they -- we serving all those people. They parking cars (UNINTELLIGIBLE) -- I saw the cars park there. (UNINTELLIGIBLE). No. They park there before you approve the change of zoning there. Before you approve the zoning, they were parking cars there because I saw them. Like I said before, my own eyes, I saw them there. I know. Well, they have -- and then the people in Allapattah want to have a flea market and the Zoning tell them, "No, you cannot have that because the C-1 and C-2", blah, blah, blah. You got to have a land -use attorney, all that (UNINTELLIGIBLE) to provide jobs. And they -- Miami -Dade goes there, erase a bunch of houses. They do whatever they want to do. I get to be part ofMiami Dade too, you know. Why not? And they can hire land -use attorneys, high -price land -use (UNINTELLIGIBLE). Come on, tell (UNINTELLIGIBLE) what these land use going to give some pro bono jobs to the people there in Allapattah, okay. I would like to see that. Thank you. That's all I want to say. Chair Sarnoff You done? Mr. Cruz: Yeah, I'm done. Chair Sarnoff Okay. Mr. Cruz: I got more than two minutes. City ofMiami Page 120 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, sir. Vice Chair Carollo: I have to say, Mariano, you're pretty good. You're right on the -- you got your two minutes down pat. Mr. Cruz: I -- oh, oh, oh. Vice Chair Carollo: You're right to your two minutes. Mr. Cruz: I never heard "in conclusion, wrap up." Chair Sarnoff The power of the pen, huh. All right. Anybody else wishing to be heard on PZ.2? Public hearing is now closed, coming back to the Commission. Is there a motion? Vice Chair Carollo: Motion. Chair Sarnoff Motion by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner -- by the Vice Chair. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Maria J. Chiaro (Deputy City Attorney): It's a motion to approve, correct? Vice Chair Carollo: Motion to approve. Chair Sarnoff Sorry. Yes. And I hope when we said irrigation, you meant self -automated irrigation. Mr. Pastoriza: Yes. Chair Sarnoff Okay. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Pastoriza: Thank you. Chair Sarnoff You're welcome. PZ.3 08-00576xc1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES IN THE "PR" DISTRICT, TO ALLOW THE CONSTRUCTION OF A GOLF TRAINING CENTER, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1802 NORTHWEST City ofMiami Page 121 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 37TH AVENUE, MIAMI, FLORIDA. 08-00576xc1 CC Analysis.pdf 08-00576xc1 Zoning Map.pdf 08-00576xc1 Aerial Map.pdf 08-00576xc1 Miami 21 Map.pdf 08-00576xc1 Application & Supporting Docs.pdf 08-00576xc1 Plans.pdf 08-00576xc1 ZB Reso.pdf 08-00576xc1 CC Legislation (Version 3).pdf 08-00576xc1 Exhibit 1pdf 08-00576xc1 Exhibit A.pdf 08-00576xc1 CC 04-22-10 Fact Sheet.pdf LOCATION: Approximately 1802 NW 37th Avenue [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on February 8, 2010 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the construction of a golf training center at Melreese Golf Course. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0174 Chair Sarnoff PZ.3. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.3 is a special exception in order to build -- construction of a golf training center at the Melreese Golf Course. Planning Department is recommending approval with a condition that the applicant shall present revised plan for review and approval by the Planning Department prior to the issuance of any building permits with -- including conditions related to urban design, architecture, and landscape. Thank you. Chair Sarnoff All right. PZ.3 is a public hearing. Anybody from the public wishing to be heard on PZ.3? It is to allow construction of a golf train [sic] center at Melreese Golf Course. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Gort: I'd like to move it. Commissioner Dunn: I'll second it. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, City ofMiami Page 122 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 gentlemen? I have one question for you, Commissioner Gort. Commissioner Gort: Yes. Chair Sarnoff What's the funding source for the training center? Commissioner Gort: The funding source. Come on, guys. Chair Sarnoff You look good up there; you know that? Carlos A. Migoya (City Manager): Thank you. Is my hair done okay? Chair Sarnoff Yeah. You -- Mr. Migoya: It's MSEA (Miami Sports & Exhibition Authority) at $2.1 million that's been allocated. Chair Sarnoff It's been allocated already from MSEA? Mr. Migoya: From MSEA, yes. Commissioner Gort: Right. Mr. Migoya: That's correct. Chair Sarnoff Okay. Because I know MSEA doesn't have 2.1 million. That's what I wanted -- Mr. Migoya: No, but it's already been -- Chair Sarnoff Okay. Mr. Migoya: -- allocated to it. Chair Sarnoff All right. So we have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. PZ.4 09-01299Iu ORDINANCE Second Reading 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 "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 123 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13155 Chair Sarnoff All right, PZ.4. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 and PZ.5 are companion items, the land use and zoning change request. PZ.4 is a request for the land use change for one lot at 3979 [sic] and 3681 Southwest 25th Street from duplex to restricted commercial. Number 5 is the request for the zoning change for the same address. At the first reading, the applicant offer a covenant. That covenant was fully reviewed by the Planning Department and the Legal Department, and all the conditions are established in that covenant, so we have no objection to the change. Chair Sarnoff All right, so we have PZ.4. Anybody from the public wishing to be heard on PZ.4? Jorge Lima: Good afternoon, Chairman Sarnoff, Commissioners. Jorge Lima, with the law firm of Holland & Knight, offices at 701 Brickell Avenue, Suite 3000. I'm joined by Dr. Juan Lata on behalf of the applicant, Madrid Restaurant, Inc. Happy to answer any questions the Commission may have. Chair Sarnoff All right. Anybody from the public --? You're recognized for the record. Luis Herrera: Luis Herrera, president of Vizcaya Homeowners Association, 1181 Southwest 22nd Terrace. Only, I want to be sure the covenant they going to put in the land, they be there all the time. And by the time the restaurant disappear, they come back to R-2 like it is now, and it's (UNINTELLIGIBLE) -- it's in the -- on the government. And we are not agreed all the time City ofMiami Page 124 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 with the change of the name, but we letting use the -- for parking. Thank you. Chair Sarnoff I think you were here last time and you also wanted that left turn, ifI remember correctly. Mr. Herrera: I don't know what he going to do, but I think so. Commissioner Gort: Well -- Mr. Herrera: They going to start -- Chair Sarnoff I'm sorry, right turn, not left. Commissioner Gort: Right turn. Chair Sarnoff Right, right turn. Commissioner Gort: No left turn. Mr. Herrera: They going to do something in there. I don't know. Chair Sarnoff Okay. Mr. Lima: IfI may respond? Chair Sarnoff Go ahead. Mr. Lima: We did make the changes to the declaration. That was provided to staff and legal counsel for review right after the first hearing, and it provides that if -- 'cause at this point, they don't even know if they're going to provide access onto the residential street from that lot. If they do, it will be designed for right turn only to direct traffic away from the residentials onto 37th Avenue. Chair Sarnoff And just so the record's clear, we are opening up PZ.4 and PZ.5. And are you on the record offering a covenant as stated? Mr. Lima: Yes. Chair Sarnoff Okay. All right, so PZ.4, you're recognized for the record, Mr. Cruz. Elvis Cruz: Thank you, Chairman Sarnoff. Elvis Cruz, 631 Northeast 57th Street, secretary, Miami Neighborhoods United. Gentlemen, I've passed out to you the City's Planning Department analysis of this item, and I've already opened up to page 2, and I just want to put those highlighted items on the record. As you'll see there, I've highlighted that the Comprehensive Plan encourages a land -use pattern that protects and enhances the quality of life, key phrase, quality of life, in the City's residential neighborhoods. Then dropping down, the City will continue to control through restrictions large scale development which may negatively impact any residential neighborhood. And lastly, the City will protect and enhance exiting viable neighborhoods. That is language that sounds very nice, but there's a lot more to it than that. This is the Comprehensive Plan, essentially the constitution of our land use. All development must be in compliance with the Comprehensive Plan, both this development and all other developments that will come before you throughout your tenure on this Commission. I also wanted to ask two very simple questions. Where are covenants recorded and who enforces covenants? City ofMiami Page 125 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Madam City Attorney? Maria J. Chiaro (Deputy City Attorney): Covenants are recorded in the public record of Miami -Dade County and the City enforces the covenants. On this particular one, the City will enforce the covenant. Chair Sarnoff Okay. Anything else? Mr. Cruz: Yes. Because I've been in this auditorium before when neighbors -- long-time neighborhood have brought up covenants that had been granted 20 years prior, and the City no longer had institutional memory of that. So the burden is on who 20 years from now if this covenant should be violated? Chair Sarnoff Well, the covenant gets recorded, correct me, with the deed. That's the -- and I don't -- I've never heard ofMiami-Dade County losing a -- well, deeds get lost, but not very frequently. Mr. Cruz: No. I understand completely. Perhaps, I should rephrase what I'm saying, Commissioner. Granted it's recorded in a public record in a book, in an online file, et cetera -- Chair Sarnoff Right. Mr. Cruz: -- who is it that is alert -- who's -- in whose lap is the responsibility of monitoring -- Chair Sarnoff Well -- Mr. Cruz: -- this piece of property 20 years from now? Chair Sarnoff -- I think you know the answer to that question. Mr. Cruz: It's the public, isn't it? Commissioner Gort: The neighbor. Chair Sarnoff Sure. Mr. Cruz: Yeah. So please remember that. When members of the public come forward and are perhaps a little, shall we say, suspicious of covenants that get handed out here quite frequently. Chair Sarnoff Well, had you been to the Upper East Side meeting last night, you would have seen about 170 people, some who had institutional memory and some who didn't. Mr. Cruz: Yeah. Chair Sarnoff So your point's well taken. Mr. Cruz: Thank you, sir. Chair Sarnoff All right. Commissioner Suarez: Mr. Chair. Mr. Cruz: And happy Earth Day, everybody. Chair Sarnoff You're recognized for the record, Commissioner. City ofMiami Page 126 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Suarez: Mr. Chairman, I sympathize with Elvis's point. I've seen covenants enforced in neighboring neighborhood association I used to represent with reference to the Winn Dixie property and the -- I guess it was called the Miracle Center back then. It had a covenant to take care of that street that was closed. So you know, it's definitely incumbent on neighborhood associations, MNU (Miami Neighborhoods United), and the public to understand that there is a right here and that they have to be vigilant. And I think, if they bring their concerns to the City, I think the City will do everything that it can in its power to enforce and make sure that the covenant, you know, is abided by. And I think this a great example, and I said it on first reading. This is great example of the community and the neighboring community coming together with the owner of a business to create a synergy where both parties are better off than they were had they not sat at the table together in good faith and tried to determine what was in the best future interest of the neighborhood. So I just commend the association. I commend the representatives for -- the business owner. And I hope that that spirit continues, you know, certainly throughout the time that I'm here. Chair Sarnoff All right. I think we have -- do we have a motion and a second? Why don't you make the motion on PZ.4? Commissioner Suarez: I move PZ.4 -- Commissioner Dunn: Second. Commissioner Suarez: -- approval. Chair Sarnoff Second by Commissioner Dunn. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Unidentified Speaker: Thanks. Ms. Latimore: The ordinance is adopted on second reading. PZ.5 09-01299zc ORDINANCE Second 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. City ofMiami Page 127 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 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. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13156 Chair Sarnoff All right, PZ.5. Would you indulge me with a motion? Commissioner Suarez: So moved. Chair Sarnoff All right, we have a motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff And a second by Commissioner Dunn. Any discussion on PZ.5? Hearing and seeing none, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): And -- Chair Sarnoff -- and in the event I did not close the public hearing, the public hearing is closed. Ms. Chiaro: -- there was on the public record proffered a covenant, which has been reviewed by the Office of the City Attorney and by the Planning Department. City ofMiami Page 128 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted, 4-0, on second reading. Jorge Lima: Thank you. PZ.6 09-01131ct ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE NATURAL GROUND WATER, POTABLE WATER, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION ELEMENTS; INCORPORATING A 20-YEAR WATER SUPPLY FACILITIES WORK PLAN, AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01131ct Backup Documents.pdf 09-01131ct PAB Reso.pdf 09-01131ct CC Legislation (Version 4).pdf 09-01131 ct Exhibit A - NEW.pdf 09-01131ct CC SR 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. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 4, 2009 by a vote of 9-0. PURPOSE: This will amend the goals, objectives and policies of the Natural Ground Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination Elements and incorporate the City's 20-Year Water Supply Facilities Work Plan into the City's Comprehensive Plan as required by Chapter 163, Part II, F.S. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez 13157 Chair Sarnoff Okay, PZ.6. City ofMiami Page 129 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Harold Ruck (Planner II): Good evening. Harold Ruck, the Planning Department. PZ.6 is an ordinance on second reading, amending the Miami Comprehensive Neighborhood Plan of the City by amending goals, objective and policies of the natural ground water, potable water, natural resource conservation, capital improvements and intergovernmental coordination elements in order to address water supply; incorporating a 20-year water supply facilities work plan. All this is required by Florida Statutes, Chapter 163 and Chapter 9J-5. Planning Department recommended approval. Planning Advisory Board recommends approval. And this was passed on first reading December 10. Following December 10, this document was submitted to DCA, the Department of Community Affairs, and made -- they made some recommendations. The current document before you has incorporated some recommendations based on DCA's suggestions and it's before you at this point. Thank you. Chair Sarnoff All right. Let me open up a public hearing on PZ.6. Anyone from the public wishing to be heard on PZ.6, please step up to the mike. Hearing, seeing none, the public hearing is now closed, coming back to the Commission. Commissioner Gort: Move it. Chair Sarnoff Is --? Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading. PZ.7 10-00316zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO INCLUDE A DEFINITION OF "CULTURAL FACILITIES"; BY ALLOWING THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCLUSIONS FOR CULTURAL FACILITIES AS AN ALLOWABLE USE IN SINGLE FAMILY AND DUPLEX RESIDENTIAL (SUB -URBAN) ZONES, AND TO GRANT EXCEPTIONS FOR PROFESSIONAL OFFICES, LODGING, MUSEUMS AND PRIVATE CLUBS AS ALLOWABLE USES EXCEPT IN SINGLE FAMILY AND DUPLEX (SUB -URBAN) ZONES, THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; PROVIDING DEFINITIONS AND AMENDING SECTIONS 23-1; 23-2, 23-6.1 AND 23-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPLEMENT THESE AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00316zt CC Legislation (Version 3).pdf 10-00316zt CC SR 04-22-10 Fact Sheet.pdf City ofMiami Page 130 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 LOCATION: Citywide APPLICANT: Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow the Historic and Environmental Preservation Board to grant exclusions for Cultural Facilities' use in Single Family and Duplex Residential (Sub -Urban) zones and to grant Exceptions for professional offices, lodging, museums and private clubs, except in Single Family and Duplex (Sub -Urban) zones, through the Certificate of Appropriateness process, when the result leads to the preservation of a significant historic structure. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Suarez and Dunn II Noes: 2 - Commissioner(s) Gort and Sarnoff Absent: 1 - Commissioner(s) Carollo Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo Votes: Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.7 was deferred to the City Commission meeting currently scheduled for May 13, 2010. Chair Sarnoff PZ.7. Ellen Uguccioni: Good evening, Mr. Chairman, member of the Commission. Ellen Uguccioni, Planning Department, preservation officer. This is a second reading of an ordinance we brought to you last month which deals with exclusions and exceptions. In our Chapter 23, before this revision, we actually had a section called "conditional uses, " which allowed the preservation board to use or look at a historic building and allow a use that would be viable for it. For example, Warner Place is being used for offices in an R-3 neighborhood. This is used very, very sparely and infrequently, but we would like to bring it forward to be consistent with Miami 21, so we're calling those exceptions -- I'm sorry. We're calling those conditional uses exceptions in this ordinance. At the last meeting, I brought up from the floor that we had restaurants as an exception. That is no longer part of the ordinance. It has been stricken. Exclusions is included in this ordinance, and the exclusion is for a cultural arts facility, and we've defined that in this ordinance. And we are requesting your approval. Mr. Chairman, I did want to make a comment on something you said at our last meeting. You were concerned about the parking waivers. And I did some research. I went back -- since this has been in effect, which was July of 2008, the HEP (Historic and Environmental Preservation) Board has only allowed two parking waivers. City ofMiami Page 131 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 One was in Lummus Park, and it was for a woman had an additional living unit and they waived two spaces, but it was accommodated both by on -street parking and adjacent parking lot. And another one, the Shalimar Motel. When they did a rehab plan, there were 33 spaces required. They provided 29, and so there were just 3 that were waived. Chair Sarnoff Here's my concern, and maybe you can dispel it. Cultural facilities are allowed in R-1. What is -- what Commissioner Gort might find acceptable to a cultural facility, I might not. He might find mine acceptable or unacceptable. What is a cultural facility? Ms. Uguccioni: A cultural facility -- Commissioner Gort: Definition. Chair Sarnoff And my concern is it's an R-1, and I think we all like -- Commissioner Gort: Right. Chair Sarnoff -- to protect -- Ms. Uguccioni: Right. Chair Sarnoff -- single-family. Ms. Uguccioni: It's a building associated with the Arts, but let me just walk you through the uses that we've enumerated. It could be rehearsal or studio space, exhibition gallery space, classrooms for art education, retail arts supply, and those are the ones we've called out. And I should say, sir, that all of these requests go through a very vigorous hearing. We do look at parking. We do look at impacts on neighborhoods, and it is a public hearing, so all of that is hopefully taken into account. Chair Sarnoff Here's my concern, and you know, it actually comes by my way of New Orleans. And when I lived in New Orleans, we used to go to -- I think it was the owner of Popeye's. He had the biggest display for Christmas in all of New Orleans. He happened to live next to some folks that probably weren't Christian. And to say we didn't trample their place for a good solid 40 days would be a gross understatement. It was just the way it was. And I always wondered how fair it was to live next to him. And I forgot -- I think his name is Copeland. I think his last name is Copeland. And I always thought fair it was to live next door to this guy. I mean, if you didn't celebrate Christmas and -- or even if you did, you know, for 40 days you were going to have an incredible display in front of you and an incredible amount of people pretty much trampling your property. And here you are creating a cultural facility. It could be anything. It could be, I think you said -- what was some of the uses? Ms. Uguccioni: Rehearsal hall -- Commissioner Gort: Club. Ms. Uguccioni: -- exhibition space -- Chair Sarnoff Club, rehearse, right. Ms. Uguccioni: -- classroom. Chair Sarnoff So somebody puts a classroom to teach anything in the world you can think of -- Commissioner Gort: Santeria. City ofMiami Page 132 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff -- and -- Well, fair enough, 'cause -- and then we have a religious issue under the -- under First Amendment, you know, because Santeria will be protected. Maybe you won't grant it. But what'll happen is somebody will appeal that, the ACLU (American Civil Liberties Union), and say you know what? I can have Santa Maria [sic] right next to Commissioner Gort's house because it -- religion clubs or cultural facilities are allowed. Ms. Uguccioni: Okay. Chair Sarnoff So -- I mean, I think I'm okay with this. It's the cultural facility I have an issue with. And I know it came from the HEP Board, and I know they're well intended. Ms. Uguccioni: Yeah. Chair Sarnoff But -- what happens to us is we legislate thinking one thing and something else occurs, and -- Uguccioni: Sure. Commissioner Gort: People interpret it a different way. Chair Sarnoff Right. Commissioner Gort: Yeah. Chair Sarnoff And I remember a nice place -- and I forgot the name. Remember the name of the religious sect? RL UPTA [sic], is it called? Maria J. Chiaro (Deputy City Attorney): RLUIPA (Religious Land Use and Institutional Persons Act). Chair Sarnoff RLUIPA. Ms. Chiaro: Actually, just so that you don't get too far into the record, this ordinance would not impact what may or may not be permitted in a religious facility. That is confrolled under -- Chair Sarnoff RLUIPA. Ms. Chiaro: -- a federal statute. So regardless of whether you pass this, there may be a religious facility issue. This ordinance ought to be considered only as relates to things that are in fact nonreligious because the religious is confrolled by a separate body of law. Chair Sarnoff But like Commissioner Gort's analogy, which is --I mean, he may find something culturally repugnant to him. Commissioner Gort: Yeah. Chair Sarnoff He could have friends of Castro, for instance, get -- want to have an assembly in a facility, and I know he would find that culturally repugnant, and I don't think that would be religious. I hope it wouldn't. But just think you're meddling in R-1 neighborhoods and that's -- I think that's kind of sacrosanct to the folks. And I -- it's the cultural facilities part that I just can't vote for, so I -- I mean, I've said what have to say. And if anybody else wants to go forward, that's certainly their choice. I don't know ifI opened up a public hearing. Does anybody wish to be heard on PZ.7? Hearing none, seeing none, the public hearing is closed. Any other Commissioners? All right, so it an ordinance, Madam City Attorney. City ofMiami Page 133 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Pamela L. Latimore (Assistant City Clerk): I need a mover and a second. Chair Sarnoff Oh, I'm sorry. I -- Ms. Chiaro: Is there a motion? Chair Sarnoff Is there a motion? Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff Who's the mover? Okay, Commissioner Suarez is the mover. Commissioner Dunn is the seconder. It is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Latimore: Roll call. Commissioner Gort? Commissioner Gort: No. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chair Sarnoff? Chair Sarnoff No. Ms. Latimore: The ordinance is passed on second reading, 3-1. Commissioner Suarez: No. Chair Sarnoff I think it was 2-2. Ms. Chiaro: I'm -- It was -- Commissioner Dunn: Two -two. Ms. Latimore: Oh, he said no? Oh, I thought he say -- Commissioner Dunn: It died. Ms. Latimore: Then there's a tie. Chair Sarnoff Right. And I think a tie -- Commissioner Dunn: It dies. Chair Sarnoff -- under Mason's is death. City ofMiami Page 134 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Latimore: The ordinance fails. Ms. Chiaro: No. There is no action on this ordinance therefore. Unless it's brought back by the City Manager -- Vicky Garcia -Toledo: Commissioners? Ms. Chiaro: -- it has no action on it. Chair Sarnoff What happens at first reading? It is that the whole ordinance just has to come back? Ms. Chiaro: You've -- this won't come back to you unless the City Manager places it before you. Chair Sarnoff And it goes through a first and second reading again? Ms. Chiaro: It should go -- it will -- Commissioner Gort: Yeah. Ms. Chiaro: -- go -- it could come back to you for second reading, but we would bring it back to you as a first reading just procedurally. First reading was so that it could be advertised. It has been advertised. You now took it up at second reading and you took no action, so it is in limbo. If you want this ordinance to fail, it needs to be a motion to deny. Ms. Garcia -Toledo: Commissioner, ifI may address the Board? Chair Sarnoff Sure. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with the law firm ofBilzen Sumberg, offices at the Wachovia Center, downtown Miami. The purpose for this ordinance -- one of the purposes is to protect historic structures in the City ofMiami. I have a client who I represent pro bono, the Miami Hispanic Ballet, which, through a County grant, was able to purchase what is the called Warner House, which is a historic structure in the City. It was a residential home at the corner of Southwest 1st Street and 5th Avenue. For those of you who have been in the City for a long time, it was the East Little Havana NET (Neighborhood Enhancement Team) office. Commissioner Gort: Right. Ms. Garcia -Toledo: It has been utilized for City ofMiami and community -based residential groups as offices for probably the last 20 years or so. Commissioner Gort: Right. Ms. Garcia -Toledo: My client, the Miami Hispanic Ballet, received the grant from Mefro -- from Miami -Dade County -- see, I'm an old-timer. I was going to say Metropolitan Dade County -- and now own the property. They would like to utilize the property as a art center for their offices as well as a dance studio. The Miami Hispanic Ballet, it puts on the International Miami Ballet Festival, which organizes all yearlong an annual festival of the largest and best ballet -- national ballet companies around the world. They unfortunately cannot go into this building because the concept of an art center -- and in this case it's a dance company -- cannot go into the historic homes. This is the purpose of-- or I should say one of the purpose of this particular ordinance, to be able to put these kinds of community -based, not -for -profit entities in historic properties so that we can guarantee the long-term ability of historic properties to be maintained and to be kept City ofMiami Page 135 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 and not to be destroyed or to be added and changed to a point where they're altered in their historic content. So we would really urge you to reconsider your vote, if you would, to allow these types of uses. Chair Sarnoff I mean, if they want to reconsider, I guess your -- How does that work in a tie? I mean, nothing changes for me. It's still -- Commissioner Gort: I think they can bring it back and we -- I think we discuss the issues that we believe, and they should come back with more criteria, specific use. I mean, it's too ambiguous the way it is right now. Club could be just about anything. And I think you need to come back with a specific use. Right now, the way it's drafted, you can do anything you want. I would like to see it come back with a specific use. Ms. Garcia -Toledo: Okay. Can we bring it back at the next meeting and not wait for a PZ (Planning & Zoning)? Commissioner Gort: I don't have any problem if they -- you can put it together. Ms. Chiaro: You'll need to reconsider and move to continue. Commissioner Gort: Okay. Chair Sarnoff You need a motion. Commissioner Gort: Reconsider it. Commissioner Suarez: I'll move to reconsider -- Commissioner Dunn: I'll second. Commissioner Suarez: -- at next meeting. Chair Sarnoff All right, we have a motion to reconsider by Commissioner Suarez, second by Commissioner Dunn. All in favor, please say "aye." Commissioner Suarez: Aye. Commissioner Dunn: Aye. Commissioner Gort: Aye. Chair Sarnoff Let me register a no. Then you want to have a motion? Ms. Chiaro: Motion to continue this item for -- pursuant to the instructions of the City Commission to the Planning staff -- Commissioner Suarez: That it be better defined. Ms. Chiaro: -- to bring it back with criteria as directed. Ms. Garcia -Toledo: As to the next City Commission meeting. Commissioner Gort: A specific criteria -- Ms. Garcia -Toledo: Specific criteria. City ofMiami Page 136 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Gort: -- and uses for the facility, and it should be very limited -- Ms. Garcia -Toledo: Okay. Commissioner Gort: -- and it should be very specific. Chair Sarnoff All right, so we have a motion by Commissioner Gort, second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Garcia -Toledo: Thank you. PZ.8 09-00800x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 09-00800x Analysis.pdf 09-00800x Zoning Map.pdf 09-00800x Aerial Map.pdf 09-00800xApplication & Supporting Docs.pdf 09-00800x Plans.pdf 09-00800x ZB Reso.pdf 09-00800x Appeal Letter.pdf 09-00800x CC Legislation (Version 3).pdf 09-00800x CC Legislation (Version 4).pdf 09-00800x Exhibit A.pdf 09-00800x 04-22-10 Fact Sheet.pdf 09-00800x-Submittal-Tony Recio.pdf LOCATION: Approximately 3300 S Moorings Way [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Bruce G. Hermelee, Esquire, on behalf of The Moorings Property Owners Association, Inc., Lawrence D. Tornek and Gerald Kelfer, Residents APPLICANT(S): Richard A. Brunnell, President, on behalf of SkyScrapper, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the original request. City ofMiami Page 137 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 ZONING BOARD: Granted the Special Exception with conditions* on October 19, 2009 by a vote of 9-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow extensions of docks and piers with more than 35 feet into waterways. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right, so let's -- I think we can hear -- ifI'm not mistaken, we could just start with the PZ (Planning & Zoning) agenda. Am I right, gentlemen? Commissioner Dunn: Sure. Chair Sarnoff All right, so PZ.1. Tony Recio: Mr. Chair, I can take another one off of the PZ agenda, if you -- Chair Sarnoff Sorry? Mr. Recio: I could take another PZ off of your agenda. Chair Sarnoff Oh, sure, go ahead. Mr. Recio: This is PZ.8. By letter dated April 21, 2010, from the office of Bruce Hermelee, on behalf of the appellant, they have withdrawn the item, PZ.8. Chair Sarnoff Wow. Is there anything else you'd like to withdraw for anyone else? Mr. Recio: I would love to. Chair Sarnoff I like an accommodation, Tony. Thank you very -- I guess we need -- do we need a motion? We do. Commissioner Dunn: So move. Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. No discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. You're asking what the motion is. No? Maria J. Chiaro (Deputy City Attorney): Motion is to approve the withdrawal. Chair Sarnoff Right. Ms. Chiaro: Yes. Chair Sarnoff I thought that was understood. Ms. Chiaro: Yes, sir, it is. City ofMiami Page 138 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Okay. All right. Mr. Recio: Thank you. Chair Sarnoff PZ --Anybody else like to defer, change, anything? No. PZ.9 09-00565ha1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY PATRA LIU AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI , FLORIDA, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION AND NEW CONSTRUCTION OF 811 NORTHWEST 7TH STREET ROAD, WHICH IS A CONTRIBUTING RESOURCE LOCATED IN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA, AFTER FINDING THE PROPOSED WORK IS CONSISTENT WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE BUILDING IN TERMS OF SIZE, SCALE, DESIGN, AND MATERIALS AND DOES COMPLY WITH THE SECRETARY OF INTERIOR'S "STANDARDS FOR REHABILITATION OF HISTORIC STRUCTURES". Votes: 09-00565ha1 HEPB 11-03-09 Fact Sheet.pdf 09-00565ha1 2nd Supplement to Appeal.pdf 09-00565ha1 Appeal Letter.pdf 09-00565ha1 Supplement to Appeal.pdf 09-00565ha1 HEPB Reso.pdf 09-00565ha1 Zoning Map.pdf 09-00565ha1 Aerial Map.pdf 09-00565ha1 Application for Certificate of Appropriateness.pdf 09-00565ha1 Plans.pdf 09-00565ha1 CC Legislation (Version 2).pdf 09-00565ha1 CC Legislation (Version 3).pdf 09-0565ha1 CC 04-22-10 Fact Sheet.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0175 Chair Sarnoff PZ.9. Ellen Uguccioni (Preservation Officer, Planning Department): Thank you, Mr. Chairman. This was -- is an appeal, and at our last meeting with you, the Commission directed that this be remanded back to the Historic and Environmental Preservation Board for another look. We did, in fact, bring it back to the HEP (Historic and Environmental Preservation) Board at their last meeting. Ernie Martin, who represented Spring Garden Neighborhood Association, was there. He stated that the Spring Garden Neighborhood Association was, in fact, in favor of the project, but that he asked the HEP Board to look at it again to see if they wanted to tweak any particular details. The board members that were there, Jerry Marston said that he felt that the design was in context with the neighborhood and that further illustrations that were brought by the architect helped him to understand how it was in context. Mr. Freedman on our board said that he may have misunderstood whether the houses adjacent to it were two stories, and he understood that. So everyone that spoke to it at the HEP Board meeting did, in fact, agree that this was a design City ofMiami Page 139 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 that they would like to see carried forward. Commissioner Gort: Way to go. Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized for the record. Commissioner Dunn: With that being said and due to the fact thatl don't see any opposition as we did last time, I want to thank the prudence of this Commission for asking them to work it out, I would like to grant the appeal and I would like to commend the owner and -- for her due diligence. Commissioner Suarez: I second the motion. Chair Sarnoff So that is a motion approving -- what is that? Commissioner Dunn: Yes, granting the appeal. Ms. Chiaro: Motion granting the appeal. Chair Sarnoff Granting the appeal? Okay. Commissioner Dunn: Yes. Chair Sarnoff So we have a motion by Commissioner Dunn, second by Commissioner Suarez. It's a public hearing. Anybody from the public wishing to be heard, please step up. Hearing none, seeing none -- never snatch -- Commissioner Gort: Great presentation. Chair Sarnoff -- jaws of defeat -- victory -- or victory from the jaws of defeat. Commissioner Gort: I like -- Mr. Chairman. Chair Sarnoff Just the opposite. Commissioner Dunn: Don't snatch it out. Chair Sarnoff They had it, just the opposite. Commissioner Dunn: Yeah, don't snatch it out. Chair Sarnoff Right. Commissioner Gort: Mr. Chairman. Chair Sarnoff Anyway, the judges always used to say to me, ifI was going to grant your request, don't say anything. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: First of all, I want to congratulate the both of you getting together and City ofMiami Page 140 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 work this out, but at the same time, I understand historical sites are very important, historical building. I know that area very well. We had some homes there that are being destroyed and unless we make some changes, nobody's going to come and invest money in trying to fix them up, so I think we should look at that. Not only at the homes, but at the -- some of the streets and some of the components that is in there. Ms. Uguccioni: Well talk to the -- Commissioner Gort: I think that -- they need a lot of help in there. Ms. Uguccioni: Yes, sir. Commissioner Gort: With that said, I'm ready to vote. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff PZ.10 has been deferred. PZ.11 has been -- Commissioner Dunn: Have been deferred. Chair Sarnoff -- withdrawn -- Ana Gelabert-Sanchez (Director, Planning Department): It's -- PZ.13 -- Chair Sarnoff -- deferred. Ms. Gelabert-Sanchez: -- would be the next one. Commissioner Dunn: Been deferred to the 27th. Chair Sarnoff Right. PZ.12 -- Commissioner Dunn: Been deferred. Chair Sarnoff -- deferred. Okay, thank you. We have to hear 13, 14, 15, 16, and 17. PZ.10 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION, SUBJECT TO THE CONDITIONS AND SAFEGUARDS AS ARE PROVIDED HEREIN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA. City ofMiami Page 141 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB 10-04-04 Reso.PDF 04-01208 Exhibit A.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Referral.PDF 04-01208 Class II Final Decision.PDF 04-01208 UDRB Reso.PDF 04-01208 October 4, 2005 ZB Transcript.pdf 04-01208 CC Legislation (Verison 10).pdf 04-01208 CC Legislation (Verison 11).pdf 04-01208 CC 04-22-10 Fact Sheet.pdf LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE(S): On October 7, 2009, the Third District Court of Appeal ordered that the City Commission limit its review to the record of the Zoning Board. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff I think PZ.10, there was a request to defer that one as well by the applicant, and she's not here, but I'm going to move to -- well, would somebody move to --? Maria J. Chiaro (Deputy City Attorney): Is that the appeal -- Chair Sarnoff Yes. Ms. Chiaro: -- Commissioner? One of the attorneys is here, I think. Lucia Dougherty: PZ.10, is that what you're talking about? Chair Sarnoff You bill your client when you're late? Ms. Dougherty: I'm not late. City ofMiami Page 142 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Okay. Did you -- you would -- Ms. Dougherty: Yes. Chair Sarnoff -- agree to continue PZ.10 through [sic] May 27? Ms. Dougherty: Yes, sir. Chair Sarnoff Okay. Ms. Dougherty: And all of the -- counsel have been notified. Chair Sarnoff All right, so Commissioner Gort, would you make that motion? Commissioner Gort: I'll make the motion. Chair Sarnoff All right, Commissioner Gort makes the motion to continue -- Commissioner Dunn: Second. Chair Sarnoff -- PZ.10 through May -- to May 27. I'll give her a time certain of 4 o'clock. Is there a second? Commissioner Dunn: There is a second. Chair Sarnoff All right. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Any -- Elvis Cruz: Mr. Chair, permission to address the Commission? Chair Sarnoff On what issue? Mr. Cruz: On the deferral. Chair Sarnoff On what deferrals? Mr. Cruz: The ones that I just -- PZ.12 through 35, basically, the ones that were just passed. Chair Sarnoff All right, go ahead. Mr. Cruz: I just want to put on the record that Miami Neighborhoods United has been here since 10 o'clock in the morning for these items. It has been extremely inconvenient to us. We do want these to be heard. Obviously, the will of the Commission today is that they're going to be continued, and we're hoping that we're not being cast aside, swept under the rug, whatever. We very much want to have our day in front of our elected officials to have these items heard. Commissioner Dunn: Absolutely. Chair Sarnoff Elvis, I will tell you this, give these guys -- I didn't mean to say that as informally as I did. I apologize. Give the Commissioners the opportunity to study it a little more. If it doesn't come back in two months, I will put it back on the agenda. City ofMiami Page 143 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Cruz: I appreciate that. I accept that. And may I say that Miami Neighborhoods United is ready, willing, able, and eager to help you study these issues. We've had appointments with all of your offices. We would love to go back with a fine-tooth comb and explain how each of them is in the public's best interest and your constituents' best interest. Thank you. Chair Sarnoff Thank you. Commissioner Dunn: Thank you. Chair Sarnoff Commissioner Carollo, are you in a position to hear RE.2 or --? Vice Chair Carollo: I need a couple of minutes. Chair Sarnoff Okay. PZ.11 10-00183Iu ORDINANCE Second Reading 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 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-001831u Analysis.pdf 10-001831u Land Use Map.pdf 10-001831u Aerial Map.pdf 10-001831u PAB Reso.pdf 10-001831u CC Legislation (Version 2).pdf 10-001831u Exhibit A.pdf 10-001831u CC SR 04-22-10 Fact Sheet.pdf LOCATION: Approximately 1600 NW 3rd Avenue [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: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. See related File ID 10-00185zc. PURPOSE: This will change the above property to "Restricted Commercial". Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 144 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Commissioner Dunn: Mr. Chair, one more. I'm sorry. Chair Sarnoff Go ahead. Commissioner Dunn: PZ.11, want to defer that. Chair Sarnoff PZ.11. Commissioner Dunn: Yes, sir. Chair Sarnoff You want to defer that to the May 27? Commissioner Dunn: Yes, sir. Chair Sarnoff All right. There's a motion by Commissioner Dunn to defer PZ.11 to the 27th of May agenda. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right, there's a second. Any discussion, gentlemen? Hearing and seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. PZ.12 10-00185zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS FROM "C/I - CIVIC/INSTITUTION ZONE" TO "T6-8 O - URBAN CORE TRANSECT ZONE" FOR THE PROPERTY LOCATED AT 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O - URBAN CENTER TRANSECT ZONE" TO "T4-O - GENERAL URBAN TRANSECT ZONE" FOR THE PROPERTIES LOCATED ALONG SOUTHWEST 27TH AVENUE, GENERALLY BOUND BY SOUTHWEST 22ND TERRACE TO THE NORTH AND U.S.1 TO THE SOUTH, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8 O - URBAN CORE TRANSECT ZONE" TO "T5-O - URBAN CENTER TRANSECT ZONE" FOR THE PROPERTIES ALONG SOUTHWEST 22ND STREET (CORAL WAY), GENERALLY BOUND BY SOUTHWEST 17TH AVENUE TO THE EAST AND SOUTHWEST 37TH AVENUE TO THE WEST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00185zc PAB Resos.pdf 10-00185zc CC Legislation (Verison 3).pdf 10-00185zc Exhibit A - NEW.pdf 10-00185zc CC SR 04-22-10 Fact Sheet.pdf City ofMiami Page 145 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Votes: LOCATION: 1) Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn - District 5]; 2) Properties Located Along SW 27th Avenue, Generally Bound by SW 22nd Terrace to the North and U.S.1 to the South; [Commissioner Marc David Sarnoff - District 2 and Commissioner Francis Suarez - District 4]; and 3) Properties Along SW 22nd Street (Coral Way), Generally Bound by SW 17th Avenue to the East and SW 37th Avenue to the West [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by four separate votes of 8-0. See related File ID 10-001831u. PURPOSE: This will change the zoning classification of certain areas of the City as described above. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.13 09-01345zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM THE PROVISIONS RELATED TO THE CREATION OF A PLANNING ZONING AND APPEALS BOARD TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES I THROUGH V; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01345zt CC Legislation (Version 4).pdf 09-01345zt CC SR 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 62 to make the procedure of the Planning, Zoning and Appeals Board consistent with the Miami 21 Zoning Ordinance. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13158 Chair Sarnoff So PZ.13. City ofMiami Page 146 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ana Gelabert-Sanchez (Director, Planning): PZ.13 is amending Chapter 62 to make the procedure of the Planning, Zoning and Appeals Board consistent with the Miami 21 zoning ordinance. Chair Sarnoff All right, PZ.13 is a public hearing. Anybody from the public wishing to be heard on PZ.13, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Suarez. It is an -- any discussion, gentlemen? It is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance pass -- is adopted on second reading, 4-0. PZ.14 10-00290zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.1.4 ENTITLED "PLANNING, ZONING AND APPEALS BOARD", REMOVING SPECIFIC QUALIFICATION REQUIREMENTS FOR BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00290zt PAB Reso - REVISED.pdf 10-00290zt CC Legislation (Version 3).pdf 10-00290zt CC SR 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 ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 5-3. PURPOSE: This will modify qualification requirements for professional training and experience required for members of the Planning, Zoning and Appeals Board. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo City ofMiami Page 147 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 13159 Chair Sarnoff PZ.14 Ana Gelabert-Sanchez (Director, Planning Department): PZ.14 is an amendment that will modify the qualification requirements for professional training and experience required for members of the Planning, Zoning and Appeals Board. Chair Sarnoff All right. PZ.4 is a public hearing. Anybody from the public wishing to be heard on PZ.14, please step up. Hearing none, seeing none, comes back to the Commission. Is there such a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? Commissioner Suarez: No. Chair Sarnoff Hearing no discussion, Madam City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): And after you vote on this ordinance, I have a comment to make to the City Commission. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sarnoff Is your comment on PZ.14? Ms. Chiaro: It is. It's just if you pass it, I want to tell you when you'll make the appointments, if you pass it. Chair Sarnoff Okay. So it's not relevant to the passing of it? Okay. I just want to make sure, 'cause you said I want to make a comment, and I don't want to vote until I hear your comment. Okay. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chair Sarnoff Okay, comment. Ms. Latimore: The ordinance is adopted on second reading, 4-0. Ms. Chiaro: Mr. Chairman, this is a board that will require two nominations from each member of the City Commission. You may nominate members of the current Planning Board or the current Zoning Board or -- without complying with advertising requirements. We -- in our conversations with the City Clerk, we will immediately advertise for any members of this board. So the appointments to this board will be before you both on your May 13 agenda and on your May 27 agenda so that if you want to make appointments on May 13, you may. If you want to wait till May 27, you may. But we will be advertising as soon as possible so that we can meet the 30-day requirement of having any new members that you want to appoint having their applications on file in compliance with the ordinance. City ofMiami Page 148 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff I take it you cannot serve on the Planning Board or the Zoning Board as well as the PZAB (Planning Zoning and Appeals Board) simultaneously? Ms. Chiaro: The Planning Board and the -- or the Zoning Board will not exist after May 20. Chair Sarnoff I thought there had to be a certain period of time that there needed to be overlap. Ms. Chiaro: The Planning Zoning and Appeals Board will consider -- Chair Sarnoff All --11000? Ms. Chiaro: -- all the leftover applications. That's correct. Chair Sarnoff Okay. I didn't know that. Ms. Chiaro: And that's just the way we did it the last time we changed Zoning Boards [sic] also. Chair Sarnoff Okay. I didn't know that. Ms. Chiaro: The last time we changed Zoning Codes. Chair Sarnoff Okay. PZ.15 09-01346zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21 ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01346zt CC 04-22-10 Legislation (Version 2).pdf 09-01346zt CC SR 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 Article VI of the City Code to conform terminology for fees with the Miami 21 Zoning Ordinance. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13160 Chair Sarnoff So PZ.15. City ofMiami Page 149 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ana Gelabert-Sanchez (Director, Planning Department): PZ.15 will amend Article VI of the City Code to conform the terminology for the fees with Miami 21 zoning ordinance. It's the same. It's just the nomenclature. The fees have remained the same. Chair Sarnoff All right. Ms. Gelabert-Sanchez: I would like to add before you vote on page 2 of 7, we inadvertently left the word "office" on the -- on number 2, and we don't have that use as a -- anymore as a single use, so I would like to strike it. Chair Sarnoff As amended? Ms. Gelabert-Sanchez: Yes, as amended. Chair Sarnoff All right. PZ.15, does anybody wish to be heard from the public on PZ.15? Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance has been adopted on second reading, as modified. PZ.16 09-01347zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENFORCE EQUIVALENT PROVISIONS IN ZONING ORDINANCE NO. 11000 AND THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01347zt CC 04-22-10 Legislation (Version 2).pdf 09-01347zt CC SR 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 authorize the City Manager to enforce provisions in the Miami 21 Ordinance that correspond to similar provisions currently existing under Zoning Ordinance 11000. City ofMiami Page 150 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13161 Chair Sarnoff All right, PZ.17. Maria J. Chiaro (Deputy City Attorney): PZ -- Commissioner Dunn: Sixteen. Commissioner Gort: Sixteen. Ana Gelabert-Sanchez (Director, Planning Department): I think your -- Ms. Chiaro: -- 16. Ms. Gelabert-Sanchez: --16. Chair Sarnoff Oh, did I miss one? I apologize. PZ.16. Ms. Chiaro: And PZ.16 is an ordinance that is known as an omnibus ordinance. It provides for the City Manager to interpret any provisions of 11000 that may have -- not have a direct equivalent in Miami 21 or that the language may not be exact to interpret the equivalent provisions and to make that determination. Chair Sarnoff All right. PZ.16, is there anyone from the general public wishing to be heard on PZ.16? Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted, 4-0, on second reading. PZ.17 09-01406zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM WITH THE PROCEDURAL PROVISIONS RELATED TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES IX THROUGH XII AND CREATING ARTICLE XIV ENTITLED PUBLIC BENEFITS TRUST FUND TO ESTABLISH THE PUBLIC BENEFITS TRUST FUND FOR THE MIAMI City ofMiami Page 151 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01406zt CC Legislation (Verison 3).pdf 09-01406zt CC SR 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 62 of the City Code to conform with the procedural provisions related to the Miami 21 Zoning Ordinance. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13162 Direction by Commissioner Sarnoff to the City Attorney to consider the use of impact fees on a citywide basis in creating a more district approach to establish a better districting of fees as they are applied to where the impact occurs. Chair Sarnoff All right, PZ.17. Ana Gelabert-Sanchez (Director, Planning Department): PZ. 17 is amending Chapter 62 of the City Code to conform with the procedure provisions related to the Miami 21 zoning ordinance establishing the public benefits trust fund for the Miami 21. Chair Sarnoff All right. PZ.17, is there anyone from the public general public wishing to be heard on PZ.17? You're recognized for the record, Mr. Cruz. Elvis Cruz: Thank you, Commissioner Sarnoff. Elvis Cruz, 631 Northeast 57th Street, secretary, MNU (Miami Neighborhoods United). As this Commission is well aware, there has been a long and soiled history of shall we say, accounting irregularities within the City ofMiami. MNU has hoped that with the establishment of this public benefits trust fund, a spreadsheet of all funds going into it and all funds leaving it, a spreadsheet can be accomplished online so that anyone from the general public, any member of the media, can see at any time of the day or night to the penny how much money is in this account. We've had issues in the past with impact fees that you're all well aware of. I see a head nodding on the dais. And we're hoping that this concept of placing the public's books where the public can access them without having to go through a Chapter 119 request that this can catch on and expand. We think it could only help our City financially and it certainly help the public interest. So please consider amending this ordinance to require the online posting of that public benefits trust fund. Thank you. Chair Sarnoff All right. Anybody else from the public wishing to be heard on PZ.17? I think what Mr. Cruz brings up is a very good idea. I think the new Barack Obama Administration is doing that with a number of online items. I'd also like the City Attorney to consider the use of impact fees on a citywide basis in creating a more district approach, and I hope that you would review that and see that the legal opinion that you were issued is old, based on some old law, and that you could create a better districting of those fees as they're applied to where the impact City ofMiami Page 152 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 occurs. With that said, is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez on PZ.17. Is there a second? Commissioner Gort: Second. Discussion. Chair Sarnoff Second by Commissioner Gort. You're recognized for the record. Commissioner Gort: Let me see if-- what you're saying is the impact fees should be utilized in the district where it's taking place? Chair Sarnoff Not nec -- it doesn't have to be in the district -- Commissioner Gort: Not citywide? Chair Sarnoff -- necessarily. Right. I don't think you could take an impact -- let's just use the furthest away place in the City. I don't think you could take an impact fee at the furthest -- most northern border and bring it to the most southern border. Commissioner Gort: Right. Chair Sarnoff I think you can -- doesn't have to be by Commissioner districts, but I think you can create impact fees within a certain geographic region -- Commissioner Gort: Where the impact takes place. Chair Sarnoff Exactly. Commissioner Gort: Okay. Chair Sarnoff Exactly. And I think that's the law. And I think it's been demonstrated to this previous Administration that is law, and I'm asking the City Attorney to revisit that law. Commissioner Gort: But that isn't existing right now, right, the --? Chair Sarnoff We use it as a citywide basis. Maria J. Chiaro (Deputy City Attorney): Yes. We'll look at the research that was previously provided and update it based on the comments today. Chair Sarnoff Okay. Thank you, Commissioner. All right, so we have a motion and a second. And, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 4-0. PZ.18 09-01337zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER City ofMiami Page 153 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01337zt CC Legislation (Version 3).pdf 09-01337zt CC SR 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 allow for all bars (including taverns, pubs and lounges as principal uses) and all nightclubs and supper clubs to be permitted upon approval by public hearing, except in Downtown Miami and Midtown. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13163 Chair Sarnoff PZ.18. Lourdes Slazyk: PZ.18 -- for the record, Lourdes Slazyk, Zoning administrator -- is a second reading ordinance amending Chapter 4 of the City Code regarding the alcoholic beverage sales. This is also a Miami 21-related item in order to keep the public hearings for the alcoholic beverage establishments. And it's been approved on first reading. Chair Sarnoff All right. Anyone from the public wishing to be heard on PZ.18? Hearing none, seeing none, coming back to the Commission. Is there a motion on -- Commissioner Dunn: So move. Chair Sarnoff -- PZ (Planning & Zoning) --? Motion by Commissioner Dunn -- Commissioner Gort: Second. Commissioner Dunn: -- second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 4-0. City ofMiami Page 154 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 PZ.19 10-00287zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY MODIFYING THE REQUIREMENTS OF ALCOHOL BEVERAGE SERVICE ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00287zt PAB Reso - REVISED.pdf 10-00287zt CC Legislation (Version 3).pdf 10-00287zt CC SR 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 ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 8-0. PURPOSE: This will require the Exception (E) process for alcoholic beverage service establishments or as specified in Chapter 4 of the Charter and Code of the City of Miami. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13164 Chair Sarnoff PZ.19. Lourdes Slazyk (Zoning Administrator): PZ.19 is also related. This is also second reading ordinance amending Miami 21 Code and also to clarify what we just did on the previous item to ensure that it's clear that the exception process is required for these establishments. Chair Sarnoff All right, PZ.19. Is anybody from the general public wishing to be heard on PZ.19? Hearing none, seeing none, coming back to the Commission. Is there a motion, gentlemen? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. City ofMiami Page 155 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 4-0. PZ.20 10-00285zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 3, ENTITLED "BUILDING FUNCTION: USES" TO ALLOW MARINE RELATED COMMERCIAL ESTABLISHMENTS AND CHILDCARE FACILITIES IN CIVIC SPACE (CS) ZONE BY EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00285zt PAB Reso - REVISED.pdf 10-00285zt CC Legislation (Version 3).pdf 10-00285zt CC SR 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 ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 6-2. PURPOSE: This will allow marine related commercial establishments and childcare uses in the Civic Space (CS) Zone by process of Exception. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13165 Chair Sarnoff PZ.20. Ana Gelabert-Sanchez (Director, Planning Department): PZ.20 is an amendment to allow marine -related commercial establishments and child care uses in civic space by process of exception. Chair Sarnoff All right. PZ.20, is there anyone from the general public wishing to be heard on PZ.20? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort, second by -- Commissioner Dunn: Second. Chair Sarnoff -- Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. City ofMiami Page 156 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 4-0. PZ.21 10-00289zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO REPLACE THROUGHOUT THE MIAMI 21 CODE, THE TERM "BY RIGHT" WITH THE TERM "PERMITTED", WHERE APPLICABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00289zt PAB Reso - REVISED.pdf 10-00289zt CC Legislation (Version 4).pdf 10-00289zt CC SR 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 ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 5-3, to replace the term "By Right" with "Allowable". PURPOSE: This will replace, throughout the Miami 21 Code, the term "by right" with "permitted", where applicable. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.22 10-00291zt-b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00291zt-b PAB Reso - REVISED.pdf 10-00291zt-b CC Legislation (Version 3).pdf 10-00291zt-b CC SR 04-22-10 Fact Sheet.pdf LOCATION: Citywide City ofMiami Page 157 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 8-0. PURPOSE: This will allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13166 Chair Sarnoff PZ.21, I think, has been deferred. Ana Gelabert-Sanchez (Director, Planning Department): It's -- yes. It's PZ.22. Chair Sarnoff Right. Twenty-one is deferred. Twenty -- All right, so now we're on PZ. 22. Ms. Gelabert-Sanchez: This is second reading, and the purpose of this amendment is to allow additional floor -to -floor height within certain areas of the Urban Central Business District and high -density mixed -use fransect zones. Chair Sarnoff All right. Ms. Gelabert-Sanchez: The addition -- yeah. Commissioner Gort: Wait a minute. Chair Sarnoff I'm sorry. Go ahead. I didn't mean to cut you off. Ms. Gelabert-Sanchez: That's all right. It's second reading. Chair Sarnoff All right. Ms. Gelabert-Sanchez: This is T6-36 and above. Chair Sarnoff PZ.22. Is there anyone from the public wishing to be heard on PZ.22? Mr. Cruz, you're recognized for the record. Elvis Cruz: Thank you, sir. Elvis Cruz, 631 Northeast 57th Street, secretary, Miami Neighborhoods United. Hang on to your seats, gentlemen. MNU (Miami Neighborhoods United) is in favor of this. Applause. Commissioner Dunn: Somebody write that down. Mr. Cruz: And Ana didn't have a heart attack. For one thing, this is something thatMNU has been saying all along. The place for the high -density and the intensity is in downtown. And so just letting you know we are in favor of this. Let downtown get big and dense, and preserve our City ofMiami Page 158 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 neighborhoods. Thank you. Chair Sarnoff Thanks a lot, Mr. Cruz. Anyone else from the general public wishing to be heard on PZ.22? Hearing none, the public hearing is now closed, coming back to this Commission, gentlemen. Commissioner Suarez: Move it. Chair Sarnoff There's a motion by Commissioner Suarez, second by -- Commissioner Dunn: Me. Second. Chair Sarnoff -- Commissioner Dunn. Any discussion on PZ.22? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 4-0. PZ.23 10-00291zt-a ORDINANCE TO BE WITHDRAWN BY ADMINISTRATION First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00291zt-a 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 ADVISORY BOARD: Withdrawn on March 17, 2010. PURPOSE: This will reduce floor to floor heights in lower -intensity transect zones and allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez City ofMiami Page 159 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Okay. Anything -- any other PZ (Planning & Zoning) agenda items that the Administration would like to announce anything on? Carlos A. Migoya (City Manager): I believe we're looking to withdraw PZ.23. Chair Sarnoff You're going to withdraw that? Mr. Migoya: Yes, sir. Commissioner Dunn: That's right. Commissioner Gort: Twenty-three? Chair Sarnoff All right, so there's -- Commissioner Dunn: I missed (UNINTELLIGIBLE). Chair Sarnoff We need --I think we need a motion, right, to withdraw? Maria J. Chiaro (Deputy City Attorney): Yes. Chair Sarnoff All right, so there is -- the City Manager has requested a motion to withdraw PZ.23. Vice Chair Carollo: So moved. Chair Sarnoff There's a motion by Commissioner -- I'm sorry, the Vice Chair. There's a second by -- Commissioner Gort: I do. 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. PZ.24 10-00374zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY MEASUREMENT OF STORIES AND MEZZANINES IN D1 - WORKPLACE DISTRICT ZONE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00374zt PAB Reso.pdf 10-00374zt CC 04-22-10 Legislation (Version 2).pdf 10-00374zt CC FR 04-22-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami City ofMiami Page 160 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 7-0. PURPOSE: This will amend the Miami 21 Code to modify the measurement of stories and mezzanines in D1 - Workplace District zone. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff Okay. PZ -- Commissioner Gort: That is it. Chair Sarnoff -- 22? Ana Gelabert-Sanchez (Director, Planning): Twenty-three -- Chair Sarnoff Sorry. Ms. Gelabert-Sanchez: -- was withdrawn, so it's -- would be PZ.24. Chair Sarnoff Is 24 still --? Yes. Ms. Gelabert-Sanchez: Yes. Chair Sarnoff I'm sorry. Okay. PZ.24. Ms. Gelabert-Sanchez: This amendment to the Miami 21 Code will modify the measurement of stories and mezzanines in D1, Work Place District Zone. This is similar to what we just passed. On the T6-36 and above, you would add flexibility on the floors under D1, and it would increase the mezzanine. Right now it's on 33 percent under DI where would be -- it's allowing it -- for a mezzanine to go to 50 percent. Again, it's allowing flexibility to the use of the work/live prototypes. Chair Sarnoff All right. PZ.24, is there anyone from the general public wishing to be heard on PZ.24? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no -- Mallory Kauderer: You passed it? Commissioner Suarez: No. Chair Sarnoff If you waited 30 more seconds, it would have happened. Do you want to speak on it? City ofMiami Page 161 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Kauderer: No, if you pass it. Chair Sarnoff Okay. Hearing no discussion, gentlemen, it is an ordinance, Madam City Attorney. Commissioner Gort: That's a smart man. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on -- is passed on first reading, 4-0. PZ.25 10-00379zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY MEASUREMENT OF STORIES, LIMITING HEIGHT OF STRUCTURES IN CERTAIN TRANSECTS TO A MAXIMUM BUILDING HEIGHT MEASURED IN FEET, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00379zt PAB Reso.pdf 10-00379zt CC Legislation (Version 2).pdf 10-00379zt 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 ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 5-3. PURPOSE: This will amend the Miami 21 Code to modify measurement of stories in the T4, T5, and T6-8 Transect Zones, limiting the height of structures up to a maximum building height, measured in feet. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.26 09-01344zt ORDINANCE First Reading (4/STHS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION", WHICH ESTABLISHES City ofMiami Page 162 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Votes: PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CREATING A NEW ARTICLE I "TREE PROTECTION IN GENERAL"; AMENDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE II ENTITLED "ENVIRONMENTAL PRESERVATION DISTRICTS"; 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 the City of Miami and in environmental preservation districts, amending and titling Article I "Tree Protection In General", amending and clarifying certain sections in Article II entitled "Environmental Preservation Districts". Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right. PZ.25 is deferred. PZ.26. Ellen Uguccioni (Planning Department): Thank you, Mr. Chairman, members of the Commission. Ellen Uguccioni again, preservation officer. I'd like to acknowledge that I'm merely the talking head and Enrique Nunez, who is a landscape architect, and (UNINTELLIGIBLE) Planning is also here. And I'd like to acknowledge that there was a committee that Commissioner -- Chairman Sarnoff set up that included arborists, people from the Tree Man Trust, Jim McMasters, Lisa -- Chair Sarnoff Hammer. Ms. Uguccioni: -- Hammer, and I'm sorry, sir, I don't remember all the names, but it was great deal of input and a great exercise in collegial discussion. And what we are doing here is taking Chapter 8.1 of the Zoning Code, entitled "Tree Protection" and because 11000 is going away with Miami 21, we have combined it with Chapter 17 of the City Code, which is entitled "Environmental Preservation." So 8.1 becomes Chapter 17.1; Environmental Preservation becomes 17.2. There have been some changes made here, some very, I think, good and streamline changes, and changes that had the citizens in mind. We had a lot of I believe, very professional comments on this ordinance. And if we have any questions -- you have any questions, we are here to answer. Chair Sarnoff All right. Is there anybody from the general public wishing to be heard on PZ.26? Mr. Cruz, you're recognized for the record. Elvis Cruz: Thank you, sir. Elvis Cruz, 631 Northeast 57th Street. Couple of quick questions for staff. In the past the City's free ordinance has incorporated the County's prohibited species City ofMiami Page 163 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 list. Is that still the case with this? Enrique Nunez (Chief of Urban Design, Planning Department): Yes, it is. There is reference in the ordinance for the Miami -Dade County Landscape Manual which does include the County prohibited list. Mr. Cruz: Okay. So at this point, gentlemen, I want to make you aware of a very problematic issue. On that prohibited species list is fichus benghalensis and fichus altissima, which, in common language, is the banyan tree. That means the banyan trees of Coral Way, Commissioners Carollo and Suarez; the banyan frees ofMain Highway, Commissioner Sarnoff; the banyan trees of Curtis Park, Commissioner Gort; the banyan frees all throughout the City, Commissioner Dunn. That ordinance says that if you go to do any improvements on property that has -- Mr. Nunez: No. Mr. Cruz: -- a free that's in that prohibited species list, it's supposed to be removed. Mr. Nunez: No. IfI may, there are exceptions to fichus benghalensis and fichus altissima, which you've referred to. It's directly accepted from the prohibited species list with those considerations. That was discussed in details. Chair Sarnoff All right. Just so you know, Elvis, I thought that through. Mr. Cruz: I'm sorry? Chair Sarnoff Just so you know, I thought that through. Mr. Cruz: Good for you. Mr. Nunez: Yes. Mr. Cruz: Much appreciated then. There's been a change. Chair Sarnoff I was even going to put the monkey pod trees on there. Mr. Cruz: They don't know those exist, until I brought them up. Thank you, gentlemen. Let's hope that those two get preserved. Mr. Nunez: They -- Chair Sarnoff All right. Mr. Cruz: Well -- Mr. Nunez: -- are. Mr. Cruz: -- let me take that a step forward, though. In a park which used to have some and there's gaps in the planting, can we go back and plant to make up? Mr. Nunez: Well, we -- as part of the Tree Trust Fund, we have opportunities to go back and create specific tree planting projects for that purpose in the different Commission districts. Mr. Cruz: No, but specifically, where you had a planning of banyan and there's gaps in a uniform row of banyans, can we go back and plant a new banyan free today? City ofMiami Page 164 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Mr. Nunez: I would not see any reason why not. It would just have to be created as a specific tree planting project. Mr. Cruz: Okay, great, wonderful. Thank you. Chair Sarnoff All right. So anyone from the public wishing to be heard on PZ.26? Hearing none, seeing none, now the public hearing is now closed, coming back to this Commission. Do we have a motion? Commissioner Suarez: Move. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chair Sarnoff? Chair Sarnoff You know, you ever think that we take so much for granted? We're sitting here in this beautiful building conducting business, you just look up at the ceiling and think to yourself what are we all doing here? Anyway, I just had that thought. I thought I'd share it with you. Yes. Ms. Latimore: The ordinance -- Commissioner Dunn: In religion, we call that an epiphany. Chair Sarnoff There you go. Ms. Latimore: -- passed on first reading, 4-0. PZ.27 09-01342zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2, 3, 4, AND 5 IN ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED" AND RENAMING SAID SECTION TO "APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED"; TO ALLOW THE CITY MANAGER TO CREATE A TEMPORARY EVENT PERMIT PROCESS, A TEMPORARY PERMIT PROCESS, A TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR City ofMiami Page 165 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 RECREATIONAL FACILITIES PROGRAM, AND AN INTERIM PARKING PROGRAM, TO AUTHORIZE CERTAIN TEMPORARY EVENTS, USES, AND INTERIM PARKING USES, AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01342zt CC Legislation (Version 3).pdf 09-01342zt 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 create a temporary event permit process, a temporary structures in conjunction with permanent outdoor recreational uses or recreational facilities program, and an interim parking program to authorize certain temporary events, use and interim parking uses. Motion by Commissioner Gort, 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 PZ.27. Lourdes Slazyk (Zoning Administrator): Again, for the record, Lourdes Slazyk. PZ.27 is creating a -- within Article XIII of Chapter 62 of the City Code, this is in order to create a division of -- five new divisions to handle a lot of the things that today's current Zoning Code does as temporary uses and occupancies. These -- the thought was to move these out of the Zoning Code and into the City Code because most of these are temporary or interim type uses. So things like your temporary event permits, other temporary construction -related permits, temporary structures in conjunction with permanent outdoor recreation facilities, interim parking, and murals are all part of this division. And this creates all the notice requirements and standard and review requirements for those things. This is also related to Miami 21 in that this -- we need these to be implemented in the City Code so they can continue to do these things. Chair Sarnoff Lourdes, I think I was at a meeting where there this was actually thought about. I -- and I correct me if I'm wrong, is this about temporary structures? Ms. Slazyk: Your -- the temporary structures for the parks is part of this -- Chair Sarnoff Okay. Ms. Slazyk: -- so -- or for permanent outdoor recreation facilities. They don't necessarily have to be parks. They can be privately -owned property where if somebody wants to do like a soccer feel or a ball field, they can use the temporary structures for things like their bathrooms and offices waiting for development to some day come to the property. Chair Sarnoff Okay. That's what scares me 'cause -- Ms. Slazyk: There's -- Chair Sarnoff I want to make sure I didn't go too far. City ofMiami Page 166 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Slazyk: These are -- require renewals. Chair Sarnoff Give me a temporary -- Ms. Slazyk: They require renewals. So at some point, if it becomes a problem -- Chair Sarnoff You know -- Ms. Slazyk: -- they could be (UNINTELLIGIBLE). Chair Sarnoff -- the problem with the City ofMiami and the word temporary? Ms. Slazyk: It becomes permanent. Yeah. Chair Sarnoff It's forever. And I just want to make sure -- and I want my Commissioners to challenge me 'cause I was -- I had privy to the meeting where, based on a developer's request -- and I'll be candid with everybody. It's -- Commissioner, it's Wynwood, and it's a number of other issues. And they are pressing us for temporary structures, and one of them they want to use, quite candidly, are containers. In Japan and other cit -- you know, other places, people have used these things. I just want to make sure that, you know, when the economic downturn is over that these structures are something we -- that guess we're proud of and we think it's a good idea and -- 'cause it can be -- these could be -- Commissioner Gort: Very ugly. Chair Sarnoff They could. Commissioner Gort: Yeah. Chair Sarnoff And I just want to make sure that and anyone else didn't overreact to a developer's meeting. And I'm candidly asking you, Lourdes, for your opinion. Ms. Slazyk: Before this came to your office, I've heard a -- you know, as people come to the office of Zoning and ask us can we do this, and up until this is -- there was no mechanism to do this, so my answer to everybody when they came in to talk to me about doing something like this was no. You know, this community gardens -- there's a whole bunch of-- people are getting very creative out there and looking for things to do with their vacant land until they can build something. Clearly, this is not the highest and best use. Clearly, this isn't going to have great economic return. So at some point, the economy is going to get to a point where they are going to search higher and better uses. This does require annual renewals. If they don't behave well in their neighborhood while they're doing this, they can be turned down because there's the Code enforcement provisions and criteria. So, you know, it's an interesting use -- interim use of property. Chair Sarnoff So based on what you see to be the economic climate -- and I'm asking you to -- Ms. Slazyk: I'm not an economist. Chair Sarnoff No. I -- well, we know it's -- Ms. Slazyk: I just know from the number of people that come see me that this request is not uncommon right now. Chair Sarnoff Orlando, do you think this is a good use? City ofMiami Page 167 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Orlando Toledo (Senior Director, Building, Planning & Zoning): I think this is a good use. And the good thing about it is that because of the fact that we're going to be looking at it once a year, that's where you're going to clean up the issues, if there is any issues. Ms. Slazyk: Yeah. If we find an issue, you know that the renewals aren't going to happen. Chair Sarnoff Commissioner Gort. Commissioner Gort: Do we specify the type of construction or the type of facility that's going to be used? Ms. Slazyk: Yes. Commissioner Gort: Like, you know, some of those containers, they can be in very bad shape, very ugly, and -- Ms. Slazyk: Nope. I met with the Building official and we made sure that any of the temporary structures for this have to be certified by Department ofMotor Vehicles and Florida Department of Community Affairs, and the Building official will be reviewing those. The rest of the land will be an outdoor recreation facility, either a play field, a ball park, you know, that it'll -- the rest will be all outdoors. Chair Sarnoff Well -- all right, let me ask a question. If on the temporary sfructure, someone wants to put an office up, that's going to be allowed? Ms. Slazyk: Not as a private office use. It says offices and resfrooms accessory to the recreation function only. Commissioner Gort: To the recreation facility. Chair Sarnoff So you have to have -- Ms. Slazyk: It cannot be -- Chair Sarnoff -- that soccer or --? Ms. Slazyk: Uh-huh. Commissioner Gort: Right. Ms. Slazyk: If you don't have an outdoor recreation function, you can't do that. It's accessory to. Chair Sarnoff And how much of the land has to be dedicated to that recreational use? Ms. Slazyk: We did not put a percentage in here. If you'd like to offer one, we can add it for second reading. Chair Sarnoff I just don't want somebody using it as a guise to create an office. Ms. Slazyk: Well, the standard we use for parks is 25 percent, so if you want us to add a 25 percent provision -- in no case shall the sfructure be more than 25 percent of the land. Chair Sarnoff That's probably not a bad idea. City ofMiami Page 168 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Commissioner Gort: That's a good idea. I think it's -- Ms. Slazyk: If you -- you can approve it with the condition that we add that for second reading. Commissioner Gort: 'Cause maybe you're talking about large plots or large -- Ms. Slazyk: No. These are actually -- no. These are probably smaller -- these are small infill lots that nobody can develop right now because of the market and they want to bring some active use to it. Commissioner Gort: So we don't have a specific site to --? Ms. Slazyk: No. Commissioner Gort: No. Ms. Slazyk: I do not have a specific site. Commissioner Gort: We don't have a minimum or a maximum? Ms. Slazyk: Nope. It can be a small site -- Chair Sarnoff Do you think we should put --? Ms. Slazyk: -- or it can be a big site. Chair Sarnoff Do you think there's wisdom in putting a limitation? Commissioner Gort: I think we have to put a limit to it because the reason being, if you get a 50 by 100, what kind of activity can you have there? Ms. Slazyk: Yes, a small play field. Commissioner Gort: Come on, what kind of play field? Ms. Slazyk: Really small. Commissioner Dunn: A house (INAUDIBLE). Chair Sarnoff He obviously doesn't come from Brooklyn. That's an entire diamond. Ms. Slazyk: You can do a basketball -- a little basketball court. I mean -- you know, it's -- actually, there are going to be commercial facilities. I mean, they'll be charging people. Commissioner Gort: And this will be in commercial areas? Ms. Slazyk: Exactly. Commissioner Gort: Not in residential areas? Ms. Slazyk: No. Commissioner Gort: Only in commercial area. Twenty-five percent. City ofMiami Page 169 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff All right. Ms. Slazyk: Then you want us -- Chair Sarnoff So when we pass -- Ms. Slazyk: -- look at that and come back with a number for second reading? Commissioner Dunn: Excuse -- Chair Sarnoff That's kind of -- Commissioner Dunn: And that is -- Chair Sarnoff Go ahead. Commissioner Dunn: But you said something about -- just clear it up for me -- temporary versus permanency. That's the -- I think how long we'll be bound --? Chair Sarnoff Is it one year permits or --? Ms. Slazyk: One year renewals. Chair Sarnoff Renewal. Ms. Slazyk: And we can sunset it. And if -- let's say three years from now the Commission wants to sunset it, there will be no more renewals, and they all go away. Chair Sarnoff Yeah, but my concern is then -- we always get sued, you know. I mean -- Ms. Slazyk: Let me put this -- private recreation facilities are already allowed on these properties. Chair Sarnoff Okay. Ms. Slazyk: What this ordinance is letting them do is have their bathrooms and offices -- Chair Sarnoff That's true. Ms. Slazyk: -- in a temporary structure rather than building a permanent structure for those uses. If someone wants to keep the recreational function on the property after this ordinance is sunset, they will just have to build a real building for their office and bathrooms, but the recreation functions are allowed in commercial properties anyway. Chair Sarnoff All right. So why don't you on second reading come up with what you think to be the appropriate percentage use of the land. Ms. Slazyk: Right. I'll, you know, confer with Planning. But I know that there were some studies when they were doing Miami 21 for the percentage of open space that should not be covered by, you know, buildings, and we'll come up with a number. Chair Sarnoff Okay. So it's PZ.27. Anyone from the public wishing to be heard on PZ.27, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. City ofMiami Page 170 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff Motion by -- Commissioner Dunn: Second. Chair Sarnoff -- Commissioner Gort, second by Commissioner Dunn. It is an ordinance, Madam City Attorney, as -- I'm not sure as amended, but it is an ordinance. Maria J. Chiaro (Deputy City Attorney): It is as amended with the direction of the City Commission. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is passed on first reading, 4-0. PZ.28 10-00391zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.3.5 ENTITLED "MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING" REDUCING THE EXPIRATION DATE OF SPECIAL PERMITS AND VARIANCES APPROVED UNDER A PREVIOUS CODE, AND REQUIRING CITY COMMISSION APPROVAL FOR ANY EXTENSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00391zt PAB Reso.pdf 10-00391zt CC Legislation (Version 3).pdf 10-00391zt 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 ADVISORY BOARD: Recommended approval with modifications to City Commission on April 7, 2010 by a vote of 8-0, as follows: In the legislation, 4(b) shall be modified to two (2) years for original permit approval with one (1) time extension for twelve (12) months to be given administratively and one (1) time extension for twelve (12) months to be approved by the City Commission following a public hearing. PURPOSE: This will modify the Miami 21 Code by reducing the expiration date of special permits and variances approved under a previous code, and require City Commission approval for any extension. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 171 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.29 10-00363zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND NONCONFORMITIES", ADDING A PROCESS FOR APPEALS TO THE CITY COMMISSION FOR WAIVER PERMITS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00363zt PAB Reso.pdf 10-00363zt CC Legislation (Version 2).pdf 10-00363zt 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 ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will add to the Miami 21 Code a process for appeals to the City Commission for Waiver permits. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez City ofMiami Page 172 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.30 10-00361zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO MODIFY THROUGHOUT THE MIAMI 21 CODE, THE DENSITY OF THE D-1 - WORK PLACE DISTRICT ZONE - FROM 18 UNITS PER ACRE TO 36 UNITS PER ACRE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00361zt PAB Reso.pdf 10-00361zt CC 04-22-10 Legislation (Version 2).pdf 10-00361zt 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 ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will modify throughout the Miami 21 Code, the density of the D-1 - Work Place District Zone from 18 units per acre to 36 units per acre. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Gort, 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 P -- I think PZ.29 has been deferred. PZ.30. Ana Gelabert-Sanchez (Director, Planning Department): PZ.30 will modify throughout the Miami 21 code the density of D1, Work Place District Zone, from 18 units per acre to 36 units per acre. City ofMiami Page 173 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff All right. It's a public hearing. Anybody wishing to be heard on PZ.30, please step up to the mike. Mallory Kauderer: Mallory Kauderer, chairperson, Little River Business District Board, and owner of properties in the D1 and D2 zones in the City. I'm in support -- Chair Sarnoff Okay. Mr. Kauderer: -- for our group. Chair Sarnoff Anyone else from the public wishing to be heard on PZ.30? Mario Courtney: Yes. Mario Courtney, with Goldman Properties. We're owners of properties in the Wynwood area, which is represented by Commissioner Sarnoff and Commissioner Dunn, and we fully support this ordinance and hope to see it become an ordinance. Thank you very much. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard? Hearing none, seeing none, it comes back to the Commission. Commissioner Gort: Move it. Chair Sarnoff Is there a motion? Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passed on first reading, 4-0. Chair Sarnoff As far as I can tell, gentlemen, we're on to the supplemental agenda. Ms. Gelabert-Sanchez: SP.1. Commissioner Gort: Before we finish -- Chair Sarnoff Go ahead. Commissioner Gort: Thank you, Mr. Chairman. One of the -- I'm looking district. I think there's a property located at 3272 Northwest 17th Avenue. zoned T5-8 [sic], and unfortunate, this one parcel is CA -- CI. And I'd like look at it and change it to conform with the 17th Avenue zoning. Ms. Gelabert-Sanchez: What we would -- what we can do is take a look at with the rest of the items that were deferred. Commissioner Gort: 3272 Southwest 17th Avenue. Ms. Gelabert-Sanchez: I got the address. Commissioner Gort: (UNINTELLIGIBLE) copy ifyou need it. at my map in my The whole area is to have Planning it and bring it back City ofMiami Page 174 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Ms. Gelabert-Sanchez: I have it. Commissioner Gort: You have it? Okay. Thank you. Chair Sarnoff I'm going to -- as long as you're doing that, on 27th Avenue, on the -- well, I'm such a lousy Boy Scout -- on the -- I always want to say south. Ms. Gelabert-Sanchez: West. Chair Sarnoff Thank you. West side, from 26th Street in, is there any merit to keeping it a T5? If you could look at that? Ms. Gelabert-Sanchez: We'll take a look at it and bring -- Chair Sarnoff I know it was T6 at one time. Ms. Gelabert-Sanchez: It was T6-8 when it was first proposed. When it came in October, then it was changed to T5. Chair Sarnoff Right. Ms. Gelabert-Sanchez: If you want -- Chair Sarnoff Now there's people pushing for T4. Ms. Gelabert-Sanchez: T4. Chair Sarnoff And there may be some merit to T4 a little further north, but I don't know that there's any merit from 26th Street south. Ms. Gelabert-Sanchez: We will take a look at it and bring it back. Chair Sarnoff I'm going to take a look as well, but would you take a look at it and give me your thoughts? Ms. Gelabert-Sanchez: We will. Chair Sarnoff Okay. PZ.31 10-00380zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND NONCONFORMITIES", ADDING A PROCESS FOR BUILDING PERMIT APPEALS IN CERTAIN TRANSECTS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00380zt PAB Reso.pdf 10-00380zt CC Legislation (Version 2).pdf 10-00380zt CC FR 04-22-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami City ofMiami Page 175 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 6-2. PURPOSE: This will amend the Miami 21 Code to add a process for appeals of building permits to the City Commission in the T5 and T6 Transect Zones. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.32 10-00377zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 2 ENTITLED "MIAMI 21 SUMMARY" AND ARTICLE V, SECTION 5.3 ENTITLED "SUB -URBAN TRANSECT ZONES (T3)" LIMITING SECOND STORY LOT COVERAGE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00377zt PAB Reso.pdf 10-00377zt CC Legislation (Version 2).pdf 10-00377zt 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 ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will amend the Miami 21 Code to limit second story lot coverage in T3 Transect to include a 30% second story lot coverage maximum for the T3-O category. City ofMiami Page 176 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.33 10-00376zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE V, SECTION 5.7.2.6, ENTITLED "CIVIC INSTITUTION ZONES (CI)", AND ARTICLE VII, SECTION 7.1.2.8 ENTITLED "AMENDMENT TO THE MIAMI 21 CODE", MODIFYING THE REZONING REGULATIONS FOR CIVIC INSTITUTION (CI) PROPERTIES, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00376zt PAB Reso.pdf 10-00376zt CC Legislation (Version 2).pdf 10-00376zt 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 ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will amend the Miami 21 Code to modify the rezoning regulations for Civic Institution (CI) properties. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. City ofMiami Page 177 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.34 10-00373zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF PROPERTIES DESIGNATED T5-L - URBAN CENTER TRANSECT ZONE TO T3-L - SUB -URBAN TRANSECT ZONE APPROXIMATELY LOCATED WEST OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 63RD STREET AND NORTHEAST 69TH STREET AND AS FURTHER DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00373zc PAB Reso.pdf 10-00373zc CC Legislation (Version 2).pdf 10-00373zc Exhibit A (Maps).pdf 10-00373zc CC FR 04-22-10 Fact Sheet.pdf LOCATION: Properties Approximately Located West of Biscayne Boulevard Between NE 63rd Street and NE 69th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to T3-L - Sub -Urban Transect Zone. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. City ofMiami Page 178 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez PZ.35 10-00362zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS AS DESCRIBED IN EXHIBIT "A"; FROM T6-8 O - URBAN CORE TRANSECT ZONE TO T4-0 - GENERAL URBAN ZONE FOR THE PROPERTIES ALONG SOUTHWEST 3RD AVENUE (CORAL WAY), GENERALLY BOUND BY SOUTHWEST 12TH AVENUE TO THE WEST AND INTERSTATE I-95 TO THE EAST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00362zc PAB Reso.pdf 10-00362zc CC Legislation (Version 3).pdf 10-00362zc Exhibit A (Maps).pdf 10-00362zc CC FR 04-22-10 Fact Sheet.pdf LOCATION: Properties Along SW 3rd Avenue (Coral Way), Generally Bound by SW 12th Avenue to the West and Interstate 1-95 to the East [Commissioner Frank Carollo - District 3] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on April 7, 2010 by a vote of 8-0, as follows: Include the portion of Coral Way from SW 12th Avenue to SW 17th Avenue. PURPOSE: This will change the above properties to T4-0 - General Urban Zone. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez END OF PLANNING AND ZONING ITEMS City ofMiami Page 179 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 09-01453c DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453c Discussion Page.pdf DISCUSSED Mayor Tomas Regalado: The other issue is the pensions and contracts. I have to report to you that the labor negotiations have begun on time. As you all know, next Tuesday at 9:30 we will have an executive session with all the members of the City Commission, myself the City Manager, the City Attorney, City staff and the reason for this is that this Administration want that Commissioners are informed with plenty of time. There will be no last-minute presentation to this board with a gun on your head saying that we need to approve this because this is time sensitive. I believe that you will find the session very informative, but I can report to you that as of now we have identified cost -saving measures in the pension issue, and of course, this will be discussed in the executive session. On the budget, the Manager is going to report to you the budget, but you all received from my office last week the projections for the next budget. And, of course, the regional figure show if we don't do anything, $87 million deficit, but a lot has been done and the Manager will be able to give you an update. I don't know if you want to do it now or later. Whatever -- Chair Sarnoff Well, it may make sense to do it now. Mayor Regalado: It would make sense. It will make sense to do the budget now. The Manager, I think, is prepared to deal with this. I think it's important because, like I said, the last -- what you received last week were the numbers provided by the chief financial officer, and it shows $87 million in deficit for the coming budget, but since then steps have been taken and new projections are -- and I think that, Carlos, if you want to -- Chair Sarnoff Mr. Manager, I think we're going to discuss D1.2 [sic], which is on page 17 of the agenda. Carlos A. Migoya (City Manager): Right. M.2 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 DISCUSSED Chair Sarnoff I'll tell you what, Mr. Mayor, why don't we take up your discussion item, M.1. Mayor Tomas Regalado: Thank you, Mr. Chairman. There's several items, and I'll -- I will be brief. One of them is the timeline for the Flagstone going before the Cabinet of the State of Florida. The Flagstone issue -- wow. I can wait. City ofMiami Page 180 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff No, no, no, no. I don't want Big Belly to upstage the Mayor. Mayor Regalado: No, no. Big Belly will upstage -- But I will try to be brief. What we are doing to get on the Cabinet agenda is to finalize the Flagstone agreement. The agreement has been finalized. The reason it's not here in this agenda is because as we committed to you, you will have the complete information ten days before any City Commission meeting. We believe that we can have the Flagstone deal and all the corresponding documents on the May 13 agenda. On May 17, the City will deliver the Flagstone documents to the Department of Environmental Protection, the Division of State Lands for review. And by May 24, the City staff will commence meeting with the Department of Environmental Protection in Tallahassee. On May 24, also the City will commence meeting with the board of trustees, the trust fund, which is comprised of the members of the Florida Cabinet. We believe that we will be able to get in the Cabinet agenda by June, if they have a meeting, the latest, July, we are told that we can get on the agenda. On this same agenda, we're frying also to bring for discussion the Coconut Grove Playhouse, which you already went to Tallahassee on this issue, and hopefully, we will be able to also place it on the agenda for the Cabinet. All these timeline is whether this is submitted to the City Commission on May 13, and that would be up to the City Attorney, which has not receive all the documents yet from the Flagstone deal, but she will very soon. So that's the timeline. [Later..] Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Before we move from M.1, M.2 items and go into the D items, would you allow me to say something on one of the things that the Mayor spoke about? Chair Sarnoff Absolutely. I'm sorry. Vice Chair Carollo: Thank you. I mean, they're discussion items. Therefore, you know, first of all, I'd like to say thank you, Mayor, for coming to the last Commission meeting and this Commission meeting and giving us an update on Flagstone. It actually has been one month since we took the vote on Flagstone and I just want to point out that it seems like we could have done a deferral in order for us to buy us a little bit more time and thoroughly read the confract that was given to -- at least to me at 8:30 in the morning when we would begin the Commission meeting at 9 a.m. So it's been a month since that vote, and again, I just want to point out that in government and I, that was part of government for ten years in the Miami -Dade Police Department, have realized that many times there's this hurry -up -and -wait attitude. There's always an emergency. So at 8:30 in the morning I'm given a confract, a 75-year confract, to vote an hour later because we have to do it and we have to do it and we can't defer. And it seems like there's been a month that, you know, we would have had plenty of time to review the contract. So I just want to make that statement. Thank you. Chair Sarnoff All right. END OF CITYWIDE ITEMS City ofMiami Page 181 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 City ofMiami Page 182 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 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 DISCUSSED Chair Sarnoff And Mr. City Manager, I just want to thank you for your iPhone application. Apparently, the City ofMiami's going to have its own iPhone application. It's going to be through County 311. You don't remember that detailed memo you wrote to me? Carlos A. Migoya (City Manager): Yes, I do. Chair Sarnoff Okay. Mr. Migoya: But I have a Blackberry. Chair Sarnoff But I want to thank you for getting back to me on that. I think that's it. Did we get through the agenda otherwise? D2.2 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 DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to ensure that board appointments for the Nuisance Abatement Board are brought back for the May 13, 2010 Commission Meeting. Chair Sarnoff Gentlemen, I brought up a discussion item, the Nuisance Abatement Board. It is a board that has been dormant. Commissioner Gort: Yes. Chair Sarnoff It is a quiver in our bow, I guess is the right way to put it, that we're not using. And I know Commissioner Dunn, it certainly would be a very potent -- Commissioner Dunn: Yes, sir, Mr. Chairman. City ofMiami Page 183 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Chair Sarnoff -- if you will, tool that you could use. It's even a potent tool that could use. And we need to appoint the additional members. And I'm asking you for the next Commission meeting and I'm asking the City Attorney to please bring it back, make sure the board appointments are there. It is something that this City used at one time -- Commissioner Gort: Sure. Chair Sarnoff -- and it just doesn't use any longer and -- Commissioner Gort: It works. Chair Sarnoff And it does work. Commissioner Gort: And it works. Chair Sarnoff It does work. END OF DISTRICT 2 City ofMiami Page 184 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 10-00270 DISCUSSION ITEM DISCUSSION CONCERNING PARKS IN DISTRICT 3. 10-00270 Email.pdf NO ACTION TAKEN D3.2 10-00407 DISCUSSION ITEM DISCUSSION REGARDING THE FIVE DAY RULE. 10-00407 Email.pdf NO ACTION TAKEN END OF DISTRICT 3 City ofMiami Page 185 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 City ofMiami Page 186 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 187 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 NON -AGENDA ITEMS NA.1 10-00551 ORDINANCE Non -Agenda Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER TomasRegalado 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY AMENDING SECTION 2-887, ENTITLED "QUORUM REQUIREMENTS; EXCEPTION", TO ADD THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD AS A BOARD SUBJECT TO QUORUM REQUIREMENTS; FURTHER AMENDING SECTION 2-1203, ENTITLED " HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD", TO CHANGE THE QUORUM REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00551 Legislation SR.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: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Julie O. Bru (City Attorney): Mr. Chairman, the Mayor had requested that we bring back an ordinance to amend the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board to change the quorum requirement. We prepared something. I believe it was distributed. Ifyou'd like to consider it, I can -- Chair Sarnoff Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff There's a motion by Commissioner Gort, second by Commissioner Dunn. I'll open it up to a public hearing. Anybody from the public wishing to be heard on the reduction of the quorum for the Homeland Security [sic] Bond Board? Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Bru: Let me read it. Let me just read it. It's an ordinance, so let me read the title. Chair Sarnoff Oh, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Clarification, is this a first reading? Ms. Bru: This will be a first reading, yes. Ms. Latimore: Roll call. City ofMiami Page 188 Printed on 5/13/2010 City Commission Meeting Minutes April 22, 2010 Adjournment A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is passed on first reading, 4-0. Chair Sarnoff All right. Is there a motion to adjourn? Commissioner Gort: Move. Commissioner Suarez: Second. Chair Sarnoff Second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you all very much. A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, with Vice Chair Carollo absent, to adjourn today's meeting. City ofMiami Page 189 Printed on 5/13/2010