Loading...
HomeMy WebLinkAboutCC 2010-05-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, May 13, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes May 13, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES 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 6/8/2010 City Commission Meeting Minutes May 13, 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 13th day ofMay 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 Sarnoff at 9:38 a.m., recessed at 12:04 p.m., reconvened at 2:21 p.m., recessed at 4:12 p.m., reconvened at 4:53 p.m., and adjourned at 7:15 p.m. Note for the Record: Vice Chair Carollo and Commissioner Suarez both entered the Commission chambers at 9:40 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Pamela L. Latimore, Assistant City Clerk Chair Sarnoff I want to welcome everybody to the May 13, 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City ofMiami Commission are Frank Carollo, the Vice Chair, Francis Suarez, Wifredo Gort, Reverend Richard P. Dunn, and myself Marc David Sarnoff, the Chairman. Also on the dais is the City Manager, Carlos A. Migoya, Julie O. Bru, the City Attorney, and Pamela Latimore, the Assistant City Clerk. The meeting will be opened with a prayer by Commissioner Dunn and the pledge of allegiance by Commissioner Gort. Please all rise. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00586 PRESENTATION Honoree Presenter Protocol Item Brian Park Wheelchair Program Champions Mayor Regalado Salutes Coach Noel Cubela Fernando Dibujes Kenny Hernandez Herman Sanchez Officer Manuel Gomez Commissioner Gort Commendation 10-00586 Protocol.pdf 1. Mayor Regalado and Commissioner Suarez paid tribute to Noel Cubela for his unrelenting commitment to making tennis accessible to Miami citizens in wheelchairs and for his outstanding leadership in the Bryan Park Wheelchair Tennis Program. 2. Commissioner Suarez presented Certificates ofMerit to Fernando Dibujes, Kenny Hernandez, and Herman Sanchez honoring their countless hours of training and commitment to physical excellence and team spirit, resulting in local, state and international victories as participants in the Bryan Park Wheelchair Tennis Program. 3. Commissioner Carollo saluted Officer Manuel Gomez for his outstanding performance in the execution of his duties as Public Safety Officer for our neighborhoods, and acknowledged his extraordinary bravery and heroism and the meritorious outcomes of his work as both Patrol Officer and member of the Mounted Patrol Unit in Little Havana. City ofMiami Page 3 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 MAYORAL VETOES 4. Mayor Regalado and Commissioner Sarnoff saluted Rosa Nazario for her outstanding tenure in Security Operations at Historic Miami City Hall, and applauded her gentle quality of reliability and thoughtful demeanor, and wished her all the best in her new undertakings. Chair Sarnoff All right. Andl believe we have a number of protocol items. And we would at this time recognize the Mayor of the City ofMiami, Tomas Regalado. Presentations made. NO MAYORAL VETOES Chair Sarnoff Why don't we do this, before we go to the CAs (Consent Agendas) [sic], why don't we take the Mayor's items first? Why don't we go M.1, M.2, and there is an M.3? And -- Pamela L. Latimore (Assistant City Clerk): Chair? Chair Sarnoff Yes. Oh, I apologize. You're going to tell me there have -- have there been any mayoral vetoes? Ms. Latimore: None. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Gort, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff And do we have to take care of minutes? We do. Pamela L. Latimore: Yes, you do. Chair Sarnoff The minutes are from the last Commission meeting? Ms. Latimore: The minutes are from the meeting April 8. Chair Sarnoff April 8. Commissioner Suarez: So move. Chair Sarnoff Is there a motion --? Okay, we have a motion by Commissioner Suarez to approve the minutes. Commissioner Gort: Second. Chair Sarnoff Is there a --? Second by Commissioner Gort. Any discussion on the minutes, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Has that taken care of the Clerk's business? All right. END OF APPROVING MINUTES City ofMiami Page 4 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Order of the Day Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, member of the Commission, Mr. Manager, Madam Clerk, members of the public. Welcome to this meeting. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyist is available at the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are allowed. Please silence those now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability who requires auxiliary aids or services for this meeting, please notify the City Clerk. Thank you. "[Later...]" Chair Sarnoff Does the Administration wish to announce which items are being withdrawn, deferred, or substituted? Carlos A. Migoya (City Manager): Yes, sir. We need to pull CA.4 for the purpose of amending the funding source, which is the Tree -Trust Fund instead of the Sunshine State. Chair Sarnoff All right, we'll pull that. Mr. Migoya: And I guess I'll have -- do I have to read the -- now or later? Ms. Bru: Well, you could do that -- they can go ahead and vote on the consent agenda as it -- Mr. Migoya: Okay. Ms. Bru: -- and then you can take care of that individually. Mr. Migoya: And then we need to continue to June 10 PH.2 -- Chair Sarnoff All right. Mr. Migoya: -- FR.1, RE.3, and continue to June 24 RE.9, and then we wish to continue to 5/27 RE.1 and withdraw RE.4. Chair Sarnoff All right. Can we get a motion on that? Is that recognized by the City Clerk? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I'm sorry, Mr. Manager; could you repeat --? I lost you somewhere in the process. Mr. Migoya: I'll just go right down the list to make it -- I was just frying to do the ones together, but PH.2 -- Vice Chair Carollo: Defer until? City ofMiami Page 5 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Migoya: June 10. Continue to June 10. FR.1, continue to June 10; RE .1, continue to May 27; RE.3, continue to June 10; RE.4, to withdraw it; and RE.9, continue to June 24. Chair Sarnoff I'm sorry; that was RE.9, right? Mr. Migoya: That's correct, sir. Chair Sarnoff And the date on that was --? Mr. Migoya: Sorry? Chair Sarnoff The date on that was what? Mr. Migoya: June 24, which is the second meeting ofJune. Commissioner Suarez: So moved. Mr. Migoya: I apologize. RE. 1 is a deferral, not a continuation. I apologize. Chair Sarnoff RE.1 is -- Mr. Migoya: Deferral. Chair Sarnoff -- deferral to May 27? Mr. Migoya: Yes, sir. Chair Sarnoff Versus a continuance to May 27. Okay. Commissioner Suarez: So moved. Chair Sarnoff All right, motion by Commissioner Suarez. Is there a --? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. "[Later...]" Chair Sarnoff Now for our purposes, we will recognize the Mayor for M.1, M.2, and for an M3 item. You're recognized for the record Mr. Mayor. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. First, I'd like to comment on one of the deferrals. The Manager just asked a deferral of the Flagstone item for June 24. What we are asking is just one more extension to the next meeting, June 24, in order to resolve what we believe is only one issue outstanding. We will, of course, present a final product to you in plenty of time, that is, ten working days, the whole thing, complete thing before we come to you. Both parties are in agreement that we can continue the discussions and that this will most likely be in the agenda for June 24, so thank you very much for your consideration on this matter. City ofMiami Page 6 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 CONSENT AGENDA CA.1 10-00431 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Administration SPECIAL REVENUE PROJECT ENTITLED: "2010 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -NORTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $292,660, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE-MONTH PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00431 Legislation.pdf 10-00431 Summary Form.pdf 10-00431 Letter.pdf 10-00431 Agreement.pdf 10-00431 Attachments.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0177 CA.2 10-00538 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, ("CITY") AND THE MIAMI-DADE COUNTY AVIATION DEPARTMENT, AN ADMINISTRATIVE AGENCY OF MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR THE PURPOSE OF OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT TO BE LOCATED AT FIVE CITY PARKS, FOR THE PURPOSE OF DETECTING AND MEASURING NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VICINITY OF MIAMI INTERNATIONAL AIRPORT, FOR A TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE-YEAR TERM, AT NO CHARGE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE NON -SUBSTANTIVE AMENDMENTS TO SUCH LICENSE AS NEEDED. City ofMiami Page 7 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 10-00538 Legislation.pdf 10-00538 Exhibit.pdf 10-00538 Summary Form.pdf 10-00538 Park Pictures.pdf 10-00538 Noise Report.pdf 10-00538 Noise Monitors.pdf 10-00538 Noise Monitor Locations.pdf 10-00538 Memos.pdf 10-00538 Pre -License Agreement.pdf 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-10-0180 Chair Sarnoff Now let's take up CA.2. You're recognized for the record, Commissioner Gort. Commissioner Gort: CA.2. Mainly, we talked about the aviation department wants to set up some microphones or whatever you want to call it, equipment to analyze the noise being made by the planes. I recall about ten years ago, I went to meetings where they were going to do something in Grapeland area. And after they received that report, they were going to come up with some suggestion. I remember at one time the federal government's willing to help some of the neighbors with windows and some kind of assistance to the people closest to the airport so they will not be affected by the noise. I just like to know where are we at on that, and whatever happened to those -- in the Grapeland and Flagami area, which is very much affected. Chair Sarnoff Is there anybody from the Administration, Mr. Manager, that can address Commissioner Gort's concerns about noise? Peter J. Kendrick (Lease Manager): Good morning Commissioner. Peter Kendrick, Department of Public Facility [sic]. We have here representative from Miami -Dade aviation and he probably can explain your concerns and address your concerns. Chair Sarnoff You're rec -- Commissioner Gort: He was probably a kid when this was taking place. Norman Hegedus: Good morning, Commissioners. Norman Hegedus, with Miami -Dade County. And City Manager. As far as the question in hand, I think you're referring to what is called "Part 150" for noise insulation. Is that what you're referring to? Commissioner Gort: Right. It was back about 12 years ago with the federal government was going to try to assist the County and the City to help -- changing some of the windows in the areas affected so that the noise would not impact that much. Mr. Hegedus: Actually, it's throughout the country. The federal government -- you have to perform a Part 150 study. The population under the 65 DNL (Day & Night Noise Levels), which is the contour for the airport, is rather large. We did a study -- several studies and it's been updated; that at the current rate of the federal government, it would take probably -- I think the latest study was 98 years to noise insulate all the homes within Miami -Dade County. Commissioner Gort: Okay. Mr. Hegedus: And those are only the ones inside the 65. City ofMiami Page 8 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 CA.3 10-00430 Department of Parks and Recreation Commissioner Gort: So that's -- has not changed at all? Mr. Hegedus: That has not changed at all. Commissioner Gort: Ninety-eight years. Okay. Thank you. Chair Sarnoff All right. Any further discussion? Is there a motion on CA.2? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any further discussion? Hearing no discussion all in favor, please say "aye, "gentlemen. The Commission (Collectively): Aye. Chair Sarnoff All right. Commissioner Gort: Thank you. Chair Sarnoff CA (Consent Agenda) -- Norman Hegedus:: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPANDING THE INTENT OF RESOLUTION NO. 09-0247, ADOPTED MAY 28, 2009, THAT APPROPRIATED FUNDS, IN THE AMOUNT OF $14,200, TO BE ADMINISTERED BY THE DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAM FOR PERSONS WITH DISABILITIES, WHICH FACILITATED THE HIRING OF A PROJECT SEARCH STUDENT TO BE EMPLOYED IN THE CLASSIFICATION OF WORKER TRAINEE, TO ALLOW FOR THE HIRING OF SEVERAL PROJECT SEARCH STUDENTS TO BE EMPLOYED IN THE CLASSIFICATION OF WORKER TRAINEE, UNTIL THE FUNDS APPROPRIATED PURSUANT TO SAID RESOLUTION ARE EXHAUSTED. 10-00430 Legislation.pdf 10-00430 Summary Form.pdf 10-00430 Pre-Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.4 10-00428 Department of Parks and Recreation R-10-0178 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CHANGE ORDER TO BID CONTRACT NO. 191150, AWARDED TO TIP TOP ENTERPRISES, INC., FOR TREE AND PALM RELOCATIONS, FOR ADDITIONAL CITY OF MIAMI REQUESTED SERVICES, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $96,800, THEREBY INCREASING THE TOTAL CONTRACT City ofMiami Page 9 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 AMOUNT FROM $128,640 TO AN AMOUNT NOT TO EXCEED $225,440; ALLOCATING FUNDS FOR SAID INCREASE, FROM TREE TRUST FUND ACCOUNT NUMBER 11500.152000.663000.0000.00000. 10-00428-Legislation-SUB.pdf 10-00428 Summary Form.pdf 10-00428 Pre-Legislation.pdf 10-00428 Award Recommendation.pdf 10-00428 Tabulation.pdf 10-00428 IFB.pdf Motion by Vice Chairman Carollo, 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-10-0181 Carlos A. Migoya (City Manager): CA.4. Chair Sarnoff -- 4. CA.4, right? Mr. Migoya: We need to amend the source of repayment to be the Tree -Fund, the source of funds. Vice Chair Carollo: So move. Chair Sarnoff All right. Commissioner Suarez: Second. Chair Sarnoff We have a motion on CA.4. Is there a second? Second by -- Commissioner Suarez: I second. Chair Sarnoff -- Commissioner Suarez. Any further discussion on CA.4, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Pamela L. Latimore (Assistant City Clerk): As modified. Chair Sarnoff All right. As modified. Vice Chair Carollo: As modified. CA.5 10-00552 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE AGENCIES SPECIFIED IN "ATTACHMENT A", ATTACHED AND INCORPORATED, OR OTHER QUALIFIED AGENCIES, SHOULD ANY OF THE AGENCIES IN SAID ATTACHMENT WITHDRAW FROM THE PROCESS, AS RECIPIENTS OF TECHNICAL ASSISTANCE AWARDS FOR CAPACITY BUILDING ACTIVITIES, FOR A ONE-YEAR PERIOD EFFECTIVE JUNE 1, 2010; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $241,000, City ofMiami Page 10 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 FROM ACCOUNT NO. 15500.150001.531000, THE COMPASSION CAPITAL FUND DEMONSTRATION GRANT PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, PURSUANT TO RESOLUTION NO. 07-0641, ADOPTED NOVEMBER 9, 2007. 10-00552 Legislation.pdf 10-00552 Exhibit.pdf 10-00552 Exhibit 2.pdf 10-00552 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0179 CA.6 10-00569 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ACCEPTING TWO (2) STIMULUS GRANTS, AWARDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, IN A TOTAL AMOUNT NOT TO EXCEED $599,476; CONSISTING OF A GRANT FOR THE IMPLEMENTATION OF THE CITY OF MIAMI'S BICYCLE MASTER PLAN, IN THE AMOUNT OF $276,000; AND A GRANT FOR THE PROVISION AND TRAINING OF SCHOOL CROSSING GUARDS, IN THE AMOUNT OF $323,476; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARDS. 10-00569 Legislation.pdf 10-00569 Exhibit.pdf 10-00569 Exhibit 2.pdf 10-00569 Summary Form.pdf 10-00569-Submittal-School Crossing Guards Posts/ Vacancies. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0182 Chair Sarnoff CA.5, or did we already approve CA.5? Was that approved, Madam Clerk? Vice Chair Carollo: Oh, CA.5 [sic]. Pamela L. Latimore (Assistant City Clerk): Which one? Vice Chair Carollo: I'm sorry. Chair Sarnoff CA.5 [sic], okay. Vice Chair Carollo: I'm sorry, Mr. Chairman. Chair Sarnoff You're recognized for the record. City ofMiami Page 11 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: Yeah. Thank you. And I apologize. I'm the one who pulled CA. 6. Chair Sarnoff 5 [sic]. We're on 5 [sic]. Vice Chair Carollo: No. We passed CA.5. Chair Sarnoff Passed 5. That's what I want to make sure. All right, CA.6, you're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. In CA. 6, the only thing I want to ask the Administration is is there any concrete plan on how to use this funding right now? I know it's going to be used for helping in areas where, you know, there's been pedestrian fatalities and for bicycle master plans and so forth, but is the funding allocated for any specific areas of the City ofMiami? Dorcas Perez (Acting Director, Grants Administration): Good morning, Commissioners. The funding -- Chair Sarnoff State your name for the record. Ms. Perez: I'm sorry. Dorcas Perez, Grants Administration. The funding is two different contracts. There is 276, 000, which is to install bicycle rack signage, way finding signs, and 323, 000 for the school -crossing guards. And as of right now, there is a priority list, but the locations have not been finalized. Chair Sarnoff Are there any -- has he been given a preliminary review of the priority list? Ms. Perez: No. I actually just received that yesterday, and I'd be happy to share that with you. Chair Sarnoff Let's -- can we table this and let you review it for lunch? Vice Chair Carollo: Thank you, Mr. Chairman. Commissioner Gort: Well -- Vice Chair Carollo: I would. Thank you. I appreciate that. Ms. Perez: Okay. Chair Sarnoff All right, so let's table CA.5 [sic]. We'll allow -- please give it to every Commissioner before lunch. Ms. Perez: Okay. Chair Sarnoff And we'll bring this up, Mr. Manager, right after lunch. Mr. Migoya: CA.6, not 5. Ms. Perez: CA.6. Chair Sarnoff CA.6. Vice Chair Carollo: CA.6. Commissioner Dunn: Mr. Chair. City ofMiami Page 12 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff You would be so kind as to remind me. Yes, sir, you're recognized for the record. Commissioner Dunn: I just wanted to ask Dorcas on an unrelated item. Could you - I'd like to get with you. Could you come by the office, please? Ms. Perez: Okay. Commissioner Dunn: Okay. Thank you. Ms. Perez: Absolutely. Thank you. "[Later...]" Chair Sarnoff So now we have S -- we're going to the second reading ordinances, SR.]. Mr. Migoya: Mr. Chair, you had tabled CA.6, so whenever you want to take it -- Chair Sarnoff Oh, that's right. I'm sorry. Mr. Migoya: -- these people are ready to go. Chair Sarnoff Thank you for reminding me. Let's go to CA.6. Commissioner Carollo, are you satisfied to move forward with it? Vice Chair Carollo: IfI could ask the Administration some questions 'cause -- Chair Sarnoff Sure. Vice Chair Carollo: -- I received two separate documents, so I want to see -- you know, I want clarity on the documents. Thank you, Mr. Chair. And let's break this into pieces 'cause there's a bicycle piece and then there's a school -crossing. Am I correct? Ms. Perez: Correct, yes. Dorcas Perez, GrantsAdministration. Chair Sarnoff Thank you. Vice Chair Carollo: On the school -crossing, I received two documents, one depicting seven schools and then one, which I lost count, but it's about 24 schools? Ms. Perez: Correct. The listing from the City ofMiami Police Department is the updated list which documents the 20 -- where the 24 school -crossing guards would be placed as the recommendation. The list that you received with the seven schools is from the University of Miami WalkSafe program, which is our partner, and they coincide. The only school that is not on both lists is Comstock Elementary. Vice Chair Carollo: And my question is would all these 24 schools have school -crossing guards from these funds? Ms. Perez: There will be 24 school -crossing guards and they will be distributed throughout the schools as decided, you know. Vice Chair Carollo: And how is that decision going to be made? Ms. Perez: Well, these are the recommendations that the Police Department has made, so they City ofMiami Page 13 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 would be where you see the vacant column. That's where they're recommending placement based on, you know, dangerous intersections and the like. Commissioner Dunn: Okay. Vice Chair Carollo: Right. But my question is is there enough funding for all 24? Ms. Perez: Yes. Vice Chair Carollo: Okay. So there is enough funding for all 24 of these schools? Ms. Perez: Yes. Vice Chair Carollo: Okay. That's all I have for the crossing guards. Now to the bicycle. Now, for the bicycle, it appears like -- I need eye glasses for this map. But anyways, it appears that -- and mind you, it's somewhat vague. Priority district, it seems like there's only one little spot in my disfrict with regards to the Marlins Stadium, but there's no real priority for bicycles in my disfrict. Am I reading this correctly? I'm -- Ms. Perez: This is based on the bicycle master plan. And again, if there are recommendations to be made, this is not concrete; this is not set in stone. So if there are recommendations, we would be happy to work with you to address the concerns or the needs of your district. Vice Chair Carollo: Yes, definitely. You know, I participated in the first Bike Miami. I participated recently with some of my colleagues in Bike Miami once again. You know, I've been known to bike a little bit here and there and so forth. And I think there's a perception out there that, you know, possibly some Commissioners are not as bike friendly as, you know, one would think. And you know, I want to make sure that some of the fundings go to District 3 when it comes to, you know, the bike master plan, and not necessarily, you know, destroying a perfectly good street to surface million and resurface it again just so you can then paint the line and say this is a bike lane. I think some of this money should go into making bike lanes and going with bike master plan. However, I do have to state -- and when this bike master plan was done, I think there may have been some flaws because they may have pitted some business owners with some of the cyclists, because in order to make some of these bike paths, you have to eliminate parking spaces. So I don't know what the solution is, but you know, I think that's something that should have been contemplated in the past. With that said, I just want to make sure some of this fundings -- you work with my office, with myself -- that some of this funding for bike lanes and to promote the bike master plan does go to District 3. Ms. Perez: Most definitely. I'd like to just clarify that the bicycle portion is for bicycle racks, road signs, way finding sign, and shared -use lane markings. That is what the monies are to be used for. Vice Chair Carollo: I'm sorry; what the last one? Ms. Perez: Shared -use lane markings. Chair Sarnoff Not for resurfacing and millaging? Ms. Perez: Yeah. No. Chair Sarnoff Right. Vice Chair Carollo: Exactly. So maybe on 3rdAvenue is one location that we could actually do the -- how would you say it again? City ofMiami Page 14 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Perez: The shared use. Vice Chair Carollo: It sounds so much better when you say it. Ms. Perez: It's -- Vice Chair Carollo: Shared -use -- Ms. Perez: -- shared -use lane -- Vice Chair Carollo: -- markings -- lane markings. Ms. Perez: -- markings. Vice Chair Carollo: There you go. That's all I have. Chair Sarnoff Okay. All right, so is there a motion on CA .5 [sic]? Commissioner Suarez: So moved. Vice Chair Carollo: It's CA.6. Chair Sarnoff 6. I apologize. CA.6. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Carollo, second by Commissioner Suarez. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Ms. Perez: Thank you. Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, 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 Mr. Manager, I see a black screen, which disheartens me. Carlos A. Migoya (City Manager): Yes. We're back. I mean, we're in good shape. Commissioner Gort: Okay. What's the IT (Information Technology) budget? Chair Sarnoff Yeah. I think Commissioner Gort's going to make a motion to reduce the IT budget in accordance with the practices -- yep, he's going to make that motion. City ofMiami Page 15 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Larry Spring (Chief Financial Officer): The batteries -- Mr. Migoya: Just a minute ago, right? Mr. Spring: The batter went down but we will get it up. Chair Sarnoff The battery went dead? I never want you being a pilot on my plane. Mr. Spring: I don't fly. Mayor Tomas Regalado: Why don't you do -- Mr. Spring: It's coming up. Mayor Regalado: -- the old fashion way. Chair Sarnoff CA (Consent Agenda) -- why don't we take up -- gentlemen, why don't we take up the CAs? Consent agenda items. All right, gentlemen. I think CA.4 has been removed for discussion. That would leave CA.1 through CA.6. Commissioner Suarez: So moved. Chair Sarnoff There's a motion by Commissioner Suarez. Is there a second? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. You're recognized for the record. Vice Chair Carollo: I want to pull CA.6. Chair Sarnoff All right. Commissioner -- Commissioner Suarez: As modified. Chair Sarnoff -- Suarez -- Commissioner Suarez: As modified, yes. Chair Sarnoff -- will you amend your motion? Commissioner Suarez: Yes, as amended. Chair Sarnoff All right. As amended, then, the motion. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second for the record. Gentlemen, there's a motion pending. We have a motion on CA.1, 2, 3, 6. Is that right or --? Vice Chair Carollo: 5, 'cause we pulled 6. Chair Sarnoff Okay. CA -- Commissioner Gort: 1 through 4. City ofMiami Page 16 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 PH.1 10-00423 Bayfront Park Management Trust Chair Sarnoff --1, 2, 3, and 5. Commissioner Gort: I want to pull -- Chair Sarnoff What number you want to pull? Commissioner Gort: The one about aviation, C2 [sic]. Chair Sarnoff C2 [sic]. All right, so let's restate the motion. The mover, I'm going to ask you to withdraw your motion. Commissioner Suarez: Yes, I withdraw my motion. Chair Sarnoff All right. Now we need a motion on CA.1, CA.3, CA.6. Commissioner Suarez: So move. Vice Chair Carollo: No, no. I'm -- Commissioner Suarez: No? I know CA.6 was also pulled. Vice Chair Carollo: Was pulled. Chair Sarnoff Pulled. Vice Chair Carollo: CA.5. Commissioner Suarez: Yeah. Chair Sarnoff CA.5. All right, CA.1, CA.3 -- Commissioner Suarez: And CA.5. Chair Sarnoff -- and CA.5. Commissioner Suarez: So move. Chair Sarnoff All right, there's a motion to approve those enumerated CAs. Vice Chair Carollo: Second. Chair Sarnoff There's a second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED AT BAYFRONT PARK, City ofMiami Page 17 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Votes: 9:00 A.M. MIAMI, FLORIDA, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY TWELVE (12) FOOT WIDE BY EIGHTY NINE (89) FOOT LONG STRIP RUNNING NORTH/SOUTH, EASEMENT LOCATED BEHIND THE BAYFRONT PARK AMPHITHEATER, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 10-00423 Legislation.pdf 10-00423 Exhibit.pdf 10-00423 Summary Form.pdf 10-00423 Notice of Hearing Memo.pdf 10-00423 Notice of Hearing .pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0183 Chair Sarnoff All right, gentlemen, apparently I missed PH 1. PH 1, Bayfront Park Management Trust. Sorry, Mr. Schmand, for making you wait that extra five minutes. Tim Schmand: Good afternoon, Commissioners. I've enjoyed the entire day. This is a resolution requesting that you authorize the City Manager to enter into an easement agreement with Miami -Dade County Water for 12 feet of property running 89 feet long in the back of the amphitheater. Bayfront Park, as some ofyou will recall, we've entered into an agreement with Live Nation. As part of that agreement, we included new resfrooms in the amphitheater. This is sewage and water lines that run to the new resfrooms. Chair Sarnoff All right. Let me open up to a public hearing. Does anybody from the public wishing to be heard on PH 1 ? PH 1. Hearing none, seeing none, coming back to the Commission. Is there a motion? Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner -- by 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. Mr. Schmand: Thank you all. Chair Sarnoff Thank you, Mr. Schmand. A sign language interpreter translated discussion of item PH 2. City ofMiami Page 18 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 PH.2 10-00418 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, CONVEYED TO TEATRO MARTI APARTMENTS, LLC PURSUANT TO CITY OF MIAMI RESOLUTION NO. 09-0089 ADOPTED FEBRUARY 26, 2009, FOR THE DEVELOPMENT OF A MIXED -USE, ELDERLY HOUSING RENTAL PROJECT ON THE SITE, REVISING THE PROJECT RESTRICTIONS AND REQUIREMENTS AS INDICATED ON EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00418 Legislation.pdf 10-00418 Exhibit.pdf 10-00418 Exhibit 2.pdf 10-00418 Summary Form.pdf 10-00418 Public Notice.pdf 10-00418 Goals.pdf 10-00418 Pre-Legislation.pdf 10-00418 Exhibit A.pdf 10-00418 Exhibit B.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II E M .1 10-00570 Office of the City Attorney END OF PUBLIC HEARINGS ORDINANCE - EMERGENCY ORDINANCE ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED", BY CREATING A DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00570 Legislation.pdf 10-00570-Cover Memo-SUB.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS FAILED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Please refer to item NA.4 for minutes referencing item EM.1, which resulted in a first reading ordinance. City ofMiami Page 19 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff All right, we're back on the record. Mr. Manager, are you ready to proceed? Carlos A. Migoya (City Manager): Yes, sir, Mr. Chairman. Chair Sarnoff You are refreshed, ready? Mr. Migoya: I'm refreshed. Chair Sarnoff Okay. EM.1. Mr. Migoya: I had a long, restful lunch hour. Chair Sarnoff I bet you did. I bet you just sat back and relaxed. I think we're going to have to lower your pay. EM.1, Madam Clerk. Julie O. Bru (City Attorney): Mr. Chair, you're taking up EM.1 ? Chair Sarnoff EM.1, yes I am. Ms. Bru: Okay. Emergency ordinance one is an amendment to our outdoor advertising sign code that we, the City Attorney's office, has put on the agenda, and let me give you just a brief background on this. This modification to the regulations that we have currently in place regarding outdoor advertising is being presented to you in response to litigation that we have pending. Without getting too much into the particulars of the litigation or litigation strategy, I would tell you that I recommend that you adopt this ordinance. And if you do, it would strengthen our position in the lawsuit. Now I realize that this Commission abhors having to do anything as an emergency. We do have a time constraint in getting this done in order to achieve the goals that we want to achieve in the lawsuit. And furthermore, because we have been very involved with the industry that's being regulated and receiving comments from them, unfortunately, the resolution -- the ordinance that went to print has been modified, and you have just gotten a modified version. So what I would like to propose to you is Mr. Warren Bittner, our deputy City Attorney who's handling the lawsuit, is going to make the presentation to you, walk you through this ordinance. If you feel comfortable voting on it as an emergency, which would mean that we don't have to bring it back for a second reading, it would be effective immediately, you know, I welcome you to do so. Ifyou don't feel comfortable and you'd rather it be brought back for second reading and have additional time to go through what Mr. Bittner's going to present to you, then we will do that. It'll come back for second reading just in time for us to be able to achieve the litigation strategy that we want to achieve, and it'll be effective immediately then. So without anything else, unless you have a question, Mr. Bittner's going to walk you through this ordinance. Chair Sarnoff All right, you're recognized for the record, Mr. Bittner. Warren Bittner (Deputy City Attorney): Basically, what you have before you is essentially what you were briefed on a couple days ago, with some minor changes that were proposed by the industry, and I'll take you through them -- that now. Overall, the concept of this ordinance is to implement Florida Statute 70.20. That is a statute which the Legislature enacted in 2002, which empowered municipalities to enter into relocation and reconstruction agreements with billboard companies concerning their sign inventory that was currently existing. And it was for the purpose of allowing a municipality to further its public goals of -- for instance, a goal for the City ofMiami could be reducing the number of billboards in the neighborhoods and moving them onto the expressways. And another goal could be, which we put in here -- would be discouraging the construction of illegal billboards, which might be constructed in the middle of the night and then we're stuck with Code enforcing a billboard. So we put into the whereas City ofMiami Page 20 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 clauses, first of all, what your substantial government interests are, which is the two I just named for you. We then indicate we're doing this to implement the Florida Statute; you're declaring in the whereas clauses that these are significant interests of the City ofMiami; and then you are providing for the minimum criteria that you want to have included in these relocation and reconstruction agreements that we would enter into with billboard companies. Now one of the changes from what you were briefed on was that the billboard companies themselves -- we already have what we call "settlement agreements" -- are, in fact, a relocation and reconstruction agreement as authorized by the Florida Legislature, so we stuck that into the whereas clause just so we would recognize those settlement agreements as being as such. And we also put in here, at their request, that this legislation is not intended, in any way, to impact those existing settlement agreements. Those are contractual agreements with the City and we intend to honor them. Indeed, there are provisions in each of those agreements which would prevent the City, with subsequent legislation, to in any way impair or impact their settlement agreements. Now, to go into the substance of the ordinance, if you -- I direct your attention to page 2. We go into the meat of this. The very first thing we start with in Section 62-700 is the fact that what we're adopting here today supersedes anything else that may be in the City code. Number two, Section 62-701, we're defining some terms. We're now only dealing with billboards, not the whole area of outdoor advertising signs 'cause that could be many, many things. That could be a mural. That could be a media tower. That could be many things. We're only dealing here with billboards. Turning the page now to page 3, we get into now the meat and heart of this, which is Section 62-702, "New Billboards Prohibited." Here we're saying that, without exception, no new free-standing billboard as defined herein shall be permitted anywhere within the City. And why are we doing that? Because all we're permitting here is taking an exiting billboard that has already been permitted, amending that permit with regard to what location it's going to go to, and allow that company to move that billboard and reconstruct it somewhere else so we don't get anymore billboards in the City. Our goal is let's reduce the number because there -- we all recognize that there are visual blight and they're not good in our neighborhoods, but on the expressways, we can live with them. Now the next thing, 62-703, this is entitled `Relocation and Reconstruction of Existing Billboards Permitted." And right there we specifically reference Section 70.20 and declare our goals and that we will issue amended permits to allow existing legal billboards to be moved upon them meeting minimum criteria, which we're stating here in the settlement agreement. Now in the next Section, 62.70, here we're setting forth what the minimum criteria are, and these parent the provisions of our settlement agreements. For instance, in Subsection A we limit the spaces where these billboards can go to certain definite locations along the interstates and state roads. It's exactly like the CBS and Clear Channel agreements that we have to date, so this would be no different than how we're treating them today. Section B, we're not allowing any billboards within what the City Commission has already decided are gateways. When you enacted or -- and passed by resolution the settlement agreements with Clear Channel and CBS, you adopted a gateway map. And this gateway map showed certain areas of the City along the expressways that you thought billboards shouldn't ever go, and that's a part of the public record. It's filed with the City Clerk. Anyone can go see it. And we're making sure that that is in here today. The next criteria that we address is, okay, what are you going to have to remove in order to move your sign onto an expressway. Now we recognize that an expressway is a very primo, primo, hot, lucrative location for advertising purposes, and they're taking these signs out of our neighborhoods where it's not so -- the money is not so great. So we're requiring and putting down exactly what they have to take down in the neighborhoods in order to put a sign -- a new sign, a lucrative sign on the expressway. And for example, the very first one, if you want to put up a single -sided sign -- and signs usually have two faces, one face and a sign on the other. But if you only want to put up one face, you're going to have to take down two faces in the neighborhood somewhere. If you want to put up a two-faced sign, you're going to have to take four faces down in the neighborhood. If you want to put up an LED (Light Emitting Diodes) sign, you're going to have to take down four structures in a neighborhood. If you want to put up a two-faced LED sign, which is super, super lucrative, you're going to have to take down eight structures in the neighborhood. Okay, moving along to the next criteria is found on page 5. It's Subsection E, City ofMiami Page 21 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 right on the top of the page. We only -- we want to emphasize here that there are different size billboards. There's the bulletin -size billboard, which is the big one, and then there are litter poster -size. So if you were thinking about taking down some poster -size billboards in order to put up a really big one on the expressway, double it. We want you to remove two for every bulletin that you would have otherwise had to take down, and that's consistent -- that's exactly what our settlement agreements today say. Subsection F, this controls where these new bill -- well, not new billboards -- where these relocated billboards might go. We don't want signs in residential areas. C-1 is the most or the least restrictive that we want to put signs in. Now we're making an exception for government agencies, like the City ofMiami or the County or FDOT (Florida Department of Transportation). These are usually much more restrictive in zoning, but want to be able to allow them there because -- to further a government purpose. Indeed, we have allowed signs under our settlement agreements in parks, and that money goes to parks, so we put that right in there, consistent with our settlement agreements. The next Section G. When you put up a sign, you have to obviously comply with all the building requirements, technical codes, setbacks, and the FDOT requirements. They have their own set of regulations that govern billboards. So they have to comply with all that, which is no different from the settlement agreements. In essence, unless someone has a question for me, all of the requirements that we are putting in these -- in this ordinance as criteria parent, for the most part, the settlement agreements that are already exist. Moving on to page 6, I want to bring to your attention Section 62.705, and this is entitled `Reconstruction of Existing Billboards." This is to allow a sign to be reconstructed without having to move it. There are some signs that we have in neighborhoods, like perhaps on Flagler Street or perhaps some more on 8th Street, ifyou thought it was appropriate, that you may want to allow them to take the sign down and reconstruct it as a prettier sign, and we're giving you the discretion to do that if they come to the table with the City ofMiami and reach the appropriate agreement. So the bottom line is this is the structure and how we're dealing with this ordinance and, in indeed, this is our strategy for dealing with the lawsuit. I can answer any questions that you might have. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Gort. Commissioner Gort: So this is supposed to take care of all the lawsuits that we could have? Mr. Bittner: Well, this is our best effort at trying to deal with the lawsuit. Commissioner Gort: Okay. Mr. Bittner: There is no guarantee that this will be successful, but based upon what -- you know, our research and what we've come up with, and our discussions with the industry, this is the -- this is our best shot at it. Commissioner Gort: And all the statements made here, they already being agreed in the settlement that you have with the existing companies? Mr. Bittner: Yeah. I've spoken and briefed every single sign company, and I've received their comments and incorporated their comments in here to the extent that I could. And, indeed, CBS is here. I saw Clear Channel. There's Carter over there. So as far as I'm aware, the billboard companies that we have settlement agreements with are on board with this. Chair Sarnoff Anyone else? Commissioner Dunn? No. Commissioner Carollo. Vice Chair Carollo: Thank you, Chairman Sarnoff. I have a question. If we pass this on first reading and then at the next meeting it goes to second reading, would that jeopardize us at all? 'Cause it seems from what the -- what Madam City Attorney said that it would not, and we'd be City ofMiami Page 22 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 right on time. So could you elaborate on that then? Mr. Bittner: Yes. The City Attorney spoke correctly. You could, if you wanted to, pass it on first reading today and then later take it up on the 27th. But our response is due in court on May 28, the day after you do it. So the gun is at my head, and I really -- I need time to work on this. So I would encourage you, please, pass this as an emergency today. Vice Chair Carollo: Now you're saying the gun would be -- for once, I'd rather the gun be on someone else's head 'cause it's always seems to be on the Commission's head, so -- Now with that said -- Commissioner Gort: Welcome. Vice Chair Carollo: -- now you're saying the gun would be in your head, but in all fairness, in between first reading and second reading, you'll be working with us to see if there's going to be any changes or so forth. Mr. Bittner: I will. Vice Chair Carollo: So it's not like you're going to be blindsided and 30 minutes before you have to turn in your brief it props on your desk. Correct? Mr. Bittner: No. And indeed, I will draft a response to our current legislation, and I'll draft a response to what hope will ultimately pass, but still, it's better to only have to draft once. But you know, I can understand if you want more time to think about it. Chair Sarnoff Commissioner Suarez. Warren, I'm kind of sympathetic to you. I'm not a last-minute attorney. My responses to summary judgment are ordinarily done five days beforehand, leaving me two days beforehand to put any minor touches I want to put on it. If for some reason this doesn't pass or passes as substantially a different manner than what it is now, all of your work could be done for naught. In which case, you'll be preparing a brief on 24 hours' notice, and I've noticed that my briefs are never that good in 24 hours. Mr. Bittner: Exactly. Chair Sarnoff So my sympathies are with you. And ifI could conjure up the support of this Commission, I could tell you, as a lawyer, you're going to write a better response with two weeks' time than you are in 36 hours' time. Mr. Bittner: Thank you. I appreciate that. Commissioner Gort: Mr. Chairman, I'm ready to make the motion. Chair Sarnoff Let's -- I think we're going to have to have a public hearing, so let me open up a public hearing. Anybody from the public wishing to be heard on EM.1 ? It's now under review. It is now open for the public. Coming back to this Commission, I'll now close the public hearing. There is a motion by Commiss -- Jorge Navarro: Sorry, Mr. Chairman. IfI could just make a brief comment, I know that -- and for the record, my name is -- Chair Sarnoff State your name. Mr. Navarro: -- Jorge Navarro, here on behalf of Clear Channel Outdoor. The offices are at 3470 Northwest 82ndAvenue, in Doral, Florida. Just to clarify something that's on the record, City ofMiami Page 23 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 we have submitted some comments to the CityAttorney's office. Not all of them had been incorporated, so we have not had a full chance to review the ordinance and we can't take a position on that. So just to clarify that we're not 100 percent in accord with the current version of it, and I'd just like to state that. Mr. Bittner: Just to clarify. I spoke with Clear Channel last night at length going through what they wanted to be changed. Yes, there are some things that Clear Channel wanted that the Administration thought would be adverse to the position of the City. And I -- you know, I can't incorporate everything that they want because then we'd be giving the store away. But the things that we believe were legitimate concerns and points that they took that were neutral and that were consistent with the settlement agreement, we put in here. And indeed, I had another conversation with Felix Lasarte this morning to explain to him why the changes that you are requesting wouldn't benefit you, but -- and -- but maybe he hasn't spoken to you yet. Mr. Navarro: No. I spoke with him this morning. I just wanted to -- 'cause you said that we were in accord -- just to try to just put that on the record for you guys to know. Chair Sarnoff Thank you. Mr. Navarro: Thank you. And we appreciate, like, you working with us last night on that. Like, you guys have been great. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: See, and this the type of things that, you know, I -- I'm skeptical about. I -- you know, always use professional skepticism. I mean, it was represented that all companies were here and we were all in agreement. Apparently, no, we're not all in agreement. So I, for one, would prefer the exfra time, go first reading and second reading. And you know, we've had the guns to our head many times. Even though, you know, I could be sympathetic, the fruth of the matter is we've had the gun to our heads many, many times, and it seems like we've been able to act and move forward. And again, it's not like he starts drafting, you know, the day before. He's going to have a couple of weeks, so -- Commissioner Gort: Under discussion. I have a question. Chair Sarnoff Go ahead. Commissioner Gort: The -- my understanding is they disagree in certain things. Do you think, in two weeks you can agree with them? In other words, my understanding is you have not able to place their request because you don't believe it's in the benefit of the City ofMiami. The addition that they wanted, but you had to say no. The issue that they requested -- Mr. Bittner: Uh-huh. Commissioner Gort: -- and you had to say no. Mr. Bittner: Okay. The -- well, I'll tell you which one that was. That was the assignment provision on page 5, and let me read it to you. It's item number L, any and all rights acquired by the sign owner under an amended permit are not assignable nor transferable, except as may be approved by resolution of the City Commission. This is a bit more onerous than what is -- what was negotiated in the settlement agreements. Now let me explain to you why Clear Channel shouldn't object to this. Clear Channel is -- has the inventory that Clear Channel has. It's extensive. They are already covered by an assignment provision that is much more liberal than City ofMiami Page 24 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 this. They're -- unless they acquire new signs, they're not ever going to be using this ordinance. This is going to be for new entrance into the market. And so they should want a more restrictive assignment clause, you would think. Commissioner Gort: Less competition. Mr. Bittner: You would think. Commissioner Gort: Less competition for them. Okay. Chair Sarnoff Anyone want to make a motion? Commissioner Dunn: I think Commissioner Gort -- Commissioner Gort: I made motion. And -- Commissioner Dunn: I second. Commissioner Gort: -- Commissioner Carollo, I understand and I admire you because I know you're the one person that reads all the contracts and go through it. I didn't want to get it the day before, but I've gone through this and I think we need to pass this and get this out of the way. That's the only reason why I made the motion. Commissioner Dunn: I'll second the motion, but I do want to make a -- Chair Sarnoff Go ahead. Commissioner Dunn: For discussion. You -- how fundamental is this difference to you, Clear Channel? I mean, this sounds like it's -- I mean, you -- I know you're on your feet now responding, but -- Mr. Navarro: Yes. And for the record, Jorge Navarro again. The changes, I just wanted to say that, you know, we do have some issues with them, the way that it reads. I know that we are protected with that new whereas clause to our rights, they preserve our rights under the settlement agreement as they are. We were just offering some suggestions to that language due to the -- how restrictive it is. But if you guys feel comfortable this morning going ahead and passing it, you know, that's fine. You know, if you guys wanted to take two steps, the first and second reading, we could work with the CityAttorney's office during that time. But you know, if you guys believe that's the best way to proceed, then that's fine. Commissioner Dunn: So you don't -- do I hear you saying you don't really have a -- Mr. Navarro: Well, it was -- Commissioner Dunn: -- major issue --? I don't want to put words in your mouth, but -- Mr. Navarro: We believe that -- Commissioner Dunn: -- I don't hear -- is it --? Mr. Navarro: -- I just -- I think our position is that there's certain issues with that language, but we're not 100 percent sure on it. We -- this was done on an emergency basis, so we haven't really had ample time to go ahead and look at it fully, but we just can't take a position on it right now and say that we support it or we -- City ofMiami Page 25 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: Okay. Mr. Navarro: -- don't support it. Chair Sarnoff You're recognized, Commissioner Carollo. Vice Chair Carollo: Thank you. So you're telling me this makes it an emergency because you can't work 24 hours or at least City staff can't work 24 hours the day before, so that makes it an emergency now where we need to pass this? Mr. Bittner: No. The emergency is that we have this court deadline looming, and we -- Vice Chair Carollo: Which is the day after -- Mr. Bittner: Which is the day after -- Vice Chair Carollo: -- that could be second reading? Mr. Bittner: -- which it could be second reading. Commissioner Gort: Now, if you would -- Chair Sarnoff Go ahead. Commissioner Gort: My understanding, and then correct me if I'm wrong; I'm not a lawyer, so I'm not that good of interpreting. My understanding is, what you have in your settlement agreement is if they, Clear Channel, at any one time wants sublease or sell the lease, they can't do it on their own. They got to come in front of the Commission; the Commission have to approve it. Am I correct? Mr. Bittner: Well, we negotiated that in their agreement. And frankly, it's up to you all to decide what that assignment clause should be. If you think that in your judgment that you prefer to have something as liberal as Clear Channel has in here, you know, that's up to you to decide. I'm only trying to get points for the City. Commissioner Gort: I understand that. I just want to make sure I understood what you're -- what the item was, and that's my understanding, my interpretation of the item. I'm not an attorney, but that's whatl interpreted. Okay. Chair Sarnoff So is the mover of the motion -- is this based on an emergency? Is that the motion to --? Commissioner Gort: Yes. Chair Sarnoff Okay. And the seconder understands that? Commissioner, you wish to be heard? All right, so why don't we --? It's an ordinance, Madam City Attorney. Ms. Bru: Okay. So the motion is to pass it as an emergency. I will read the title once, and you'll have two roll calls. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Commissioner Suarez? Commissioner Suarez: No. City ofMiami Page 26 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Latimore: Commissioner Carollo? Vice Chair Carollo: No. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff Yes. Vice Chair Carollo: It fails, correct? Chair Sarnoff No. It passes on first reading. Ms. Bru: This would have required a four fifth vote. Ms. Latimore: (UNINTELLIGIBLE) required. END OF EMERGENCY ORDINANCE ORDINANCES - SECOND READING SR.1 10-00333 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHWEST 12TH STREET BETWEEN 1-395 AND NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00333 Legislation FR/SR.pdf 10-00333 Summary Form FR/SR.pdf 10-00333 Memo of Public Hearing FR/SR.pdf 10-00333 Notice of Public Hearing FR/SR.pdf 10-00333 Location Map FR/SR.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13167 Chair Sarnoff All right. We are on SR.1. Nzeribe Ihekwaba: Nzeribe Ihekwaba, Public Works director. SR.1 is an ordinance amending Chapter 54 of the City Code for base building lines; to reduce the zoned street right-of-way of Northwest 12th Street between Interstate 395 at Northwest Miami Court and Northwest 1st City ofMiami Page 27 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Avenue. Any questions? Chair Sarnoff All right. Is there anyone --? Let me open up the public hearing. Is there anyone from the public wishing to be heard on SR.1 ? Public hearing is opened; public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by -- Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Dunn, second by the Vice Chair. Any discussion, gentlemen? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. A roll call was taken, the result of which is stated above. Pamela L. Latimore (Assistant City Clerk): The ordinance is adopted on second reading, 5-0. SR.2 10-00385 ORDINANCE Office of the City Attorney Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION SCHEDULING AN ELECTION TO FILL, THE OFFICE OF COMMISSIONER DISTRICT NO. 1, AND, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 5; SETTING NOVEMBER 2, 2010, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; FURTHER, SCHEDULING A RUN-OFF ELECTION TO FILL THE OFFICES OF COMMISSIONER DISTRICTS NO. 1 AND NO. 5, SAID ELECTION TO BE HELD ON NOVEMBER 16, 2010, UNLESS SAID OFFICES HAVE BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE ELECTION TO BE HELD ON NOVEMBER 2, 2010; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00385 Legislation 5-13-10 FR/SR.pdf 10-00385 Cover Memo 5-13-10 FR/SR.pdf 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 13168 Chair Sarnoff SR.2. Julie O. Bru (City Attorney): Mr. Chair, SR.2 is an item belonging to the City Clerk who serves as the supervisor of the elections for the City ofMiami. Madam Clerk. City ofMiami Page 28 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Pamela L. Latimore (Assistant City Clerk): This is an ordinance providing for the election dates to fill the District 1 and Disfrict 5 office when they become vacant. Chair Sarnoff All right. Let me open it up to a public hearing. Is it -- public hearing. Does anybody wish to be heard on SR.2, which is the election for District 1 and Disfrict 5? SR.2. Hearing none, seeing none, coming back to the Commission. Is there a motion? Vice Chair Carollo: So moved. Commissioner Gort: Move it. Chair Sarnoff Motion by the Vice Chair, 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 the City Attorney. A roll call was taken, the result of which is stated above. Pamela L. Latimore (Assistant City Clerk): The ordinance is adopted on second reading, 5-0. Chair Sarnoff Thank you, Madam Clerk. SR.3 10-00179 ORDINANCE Second 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 Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13169 Chair Sarnoff All right, Mr. Manager, SR.3. Pieter Bockweg (Assistant to Sr. Director of Building, Planning, Zoning/Project Manager): Good afternoon. Pieter Bockweg, project manager. Before you is the second reading for the extension ofFP&L (Florida Power & Light) franchise agreement. Mr. Chairman, ifI may, I'd like to make one quick addition to the proposed ordinance in front of you, just to add the address of where the notices for FPL will be sent to into the record. Chair Sarnoff Well, that's a whole new thing. Wait a minute. Let me be the Vice Chair for a second. Has that been brought to my office? Mr. Bockweg: Not yet. Chair Sarnoff Then how can I consider that change? All right. City ofMiami Page 29 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Bockweg: IfI may? Chair Sarnoff Yes, sir. Mr. Bockweg: The address for the notice to be sent for FPL is Vice President, External Affairs, 700 University Boulevard, Juneau Beach, Florida 33408. Chair Sarnoff They're not even Dade County residents. All right, let me open it up to a public hearing. SR.3 is the ordinance that will be franchise agreement for the City ofMiami. Is there anyone from the public wishing to be heard on SR.3? Public hearing is now opened. It is now closed, coming back to this Commission. Gentlemen, it's an ordinance. Is there a motion? Commissioner Suarez: So move for discussion. Commissioner Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just want to clarify for the record that we basically need to do this to protect the integrity of our budget for the current year, because if we don't do this, we're losing out on a tremendous amount of forecasted revenue. As it is, I think we're $400,000 less than what we originally forecasted on this item. So you know, it's unfortunate because I think we were hoping to get more than what we had budgeted so that it could be a surplus, but for whatever reason, that hasn't happened. Is that -- is there a possibility that that may happen, Mr. Manager? Carlos A. Migoya (City Manager): As I understand it, the reason for the lower revenues has to do with the fact that first, they didn't get the rate increases -- Commissioner Suarez: Rate -- Mr. Migoya: -- which was expected, and the number two is the fuel costs had been substantially down, so a combination of both. And this is -- our revenues is a percentage of their revenues, so as their revenues come back up again and when they do, we'll have an upset as well Commissioner Suarez: So there's a possibility that like maybe in the second half of the fiscal year, that may not be such a big impact? Mr. Migoya: Well, I would think so, especially with the -- go ahead, Larry, please. Larry Spring (Chief Financial Officer): Mr. Chair. Chair Sarnoff Yeah. You're recognized. Mr. Spring: Larry Spring, chief financial officer. I'm not expecting to see -- and I think you've seen the March forecast. That line item shows a $2.5 million deficit, largely related to this franchise income. I'm not expecting to see a large turnaround, perhaps maybe to the tune of a million, million one improvement between now and the end of the year. So there'll still be a deficit in that category, and we'll make up -- we'll have some makeup by virtue of the change in the formula for the remainder of the fiscal year, but not enough to bring us all the way back to zero. Commissioner Suarez: Got it. But it would get worse if we didn't do this, right? City ofMiami Page 30 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Spring: It would -- yeah, it absolutely would get worse if we don't do this. Commissioner Suarez: That's -- I just want to clarify that for the record. Chair Sarnoff All right. Anyone else? I'd like to say something. I like to be talking to FP&L. And I asked you guys last time to start considering what we're going to do about FP&L marking up the sfreets. And ifI can, I'd just like to show you our last three months of demonstrating what the sfreets look like in downtown Miami and these have been there for more than sixth months. Now there's got to be a different way, gentlemen, of marking up our sfreets, and this is as bad as graffiti, and this is all up and down the City ofMiami, but it is especially bad in Brickell, Brickell West, and it's unnecessary. It's unnecessary -- you know, this President, I said -- this is the same speech I made before. This President is talking about going to Mars, but we can't come up with a paint that fades in ten days or a different method of marking. And this is just unfair to do to the downtown area. It's unfair to do in anyone's neighborhood, but this is all throughout downtown. I don't know that it's only FP&L. I won't be voting on this 'cause nobody took me seriously, and I'm dead serious. Commissioners before me, Commissioner Sanchez asked you to do something about it, I've asked you to do something about it. I'm asking you to lead the way. You will not get my vote today very simply because you think we just -- it's like Whistling Dixie. It doesn't matter what we say. And look what the sfreets of the City ofMiami look like. If you took those markings off you would say that's a reasonable street in the City ofMiami. But because those markings are there, that neighborhood suffers from it. And there's no answers forthcoming. I know you'll look into it. I know you'll think about it, but it won't be until the next franchise agreement in 20 years that somebody will address this again. So you will not get my vote today. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: Now I support in terms of the, I'm going to say, ugliness of it because that's the best word I can come up with. Is there someone that can speak to this because I --? You know, why -- what justifies this? Chair Sarnoff Eloy, you want to speak to it? Eloy Villasusu: My name is Eloy Villasusu. I'm the FP&L external affairs manager, with the address at 9250 West Flagler Street. Commissioner, every time that you have asked for help, we have been there, and we will be there for you again, sir. I want the Commission and the public to understand that those are not all FPL markers. Some of them are. I want you to understand the safety issue involved with these markers. Anybody that cuts into the pavement or excavate anything is required by the one -call system to call all the utilities -- that's the water, sewer, telephone, cable, everybody, gas that is in there -- and provide those markings for the safety of the workers, the public, and the reliability of service. This is not something that it just involves FP&L. This has been an issue that has been around for a long time. It is my understanding that the responsibility is for the excavator to restore the pavement to its condition before it did the work. In other words, after he finishes the work. Some people do it. Some people don't. If there are any of those that are FP&L jobs, I'd be more than happy to get with your staff or with the one that provided the pictures. Chair Sarnoff You see where it says right there "FP&L"? Mr. Villasusu: Yes. But if you see -- sir, for example, if you work for another company or you're the State or the County are going to do a job, you require all the utilities to mark it. Chair Sarnoff I don't -- City ofMiami Page 31 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Villasusu: As you can see, there's red, there's yellow, and orange, but the one responsible for restoring it is not the one that marks it, but the ones that has a job to it. Otherwise, you will have six utilities constantly marking. And there's a safety issue if the one that cleans it is not the one that does -- Chair Sarnoff Wait. Eloy, (UNINTELLIGIBLE), for a second. I don't deny there's a safety issue. Mr. Villasusu: Yeah. Chair Sarnoff I don't deny that whenever you dig, you have to know what you're digging in. What I'm disputing with you is the fact that this is the best -- this is the state-of-the-art. This is the future where it is right now. This is the best FP&L can do, is to come out with paint and paint the sfreets. And then you're telling me FP&L's contractor will put the sidewalk back in the condition they found it prior to digging or whatever work they needed to do. Obviously, that doesn't happen. Obviously, FP&L does not discern, review, and manage its subcontractors. It's not just you. You are a publicly traded company. You're on the New York Stock Exchange. You have the ability to set the standard, but even you don't set the standard. You don't even freat the City ofMiami streets like it's taxpayer sfreets. You allow this to go on. This is not the first time I brought this up. I think you'll concede that. I brought this up on the heels of Commissioner Sanchez bringing this up. The only time you get FP&L's ear is when they want you, only -- Mr. Villasusu: Sir, you have always got in my ear. Every time you have called me, I -- Chair Sarnoff You, personally, I agree with that. But it requires -- Mr. Villasusu: I am FP&L, sir. Chair Sarnoff And if-- you're right, and you always respond to my requests. So I brought this up before. I brought this up at the first reading. I said that how are you going to change the way you work and what are you going to do about it. Let me -- and I think I can get the record, if you want, as to when this first came up. What have you done between the first reading and the second reading to even broach this issue? Mr. Villasusu: Sir, we will be glad to work with Administration to identify those specific jobs and see if there's anything we can do. We -- to my knowledge, those are not FP&L jobs. I don't know that they are. If they were, we would have cleaned it. I don't know whose jobs they are, but there are many people involved. And we'd be working [sic] to work with Administration. The paint that is used is water paint that is supposed to be removed when it rains. However, we've got a dry season for many months, so you know, I don't know if we can do this. Any other paint that we could use that the Administration or anybody can identify, we'd be more than happy to. But for safety reasons, it's supposed to stay there for a while because the jobs that all the other utilities do, you know, require a while to be completed. If you had -- ifI had an answer, sir, I would do it. I don't know what you want us to do, except to work with you to keep trying to come up with an answer. Chair Sarnoff But feel like we've been down this road before. I feel like it's deja vu. I mean -- Mr. Villasusu: There's no easily solution, sir. If there was, we would have done it. I wish there was. Chair Sarnoff So in other words, just vote for this contract, Commissioner Sarnoff, 'cause this is the best we can do; take a look at this; we've been doing this for the past 20 years and this is the way it's going to be for the next 20? City ofMiami Page 32 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Villasusu: No, sir. If we find a better way to do it, we will do it. Chair Sarnoff But there is no better way, right? Mr. Villasusu: Not that we know of. If you know it, we would like to work with you to do it. Chair Sarnoff Okay. Mr. Villasusu: I wish there was. Commissioner Dunn: Mr. Chair. Chair Sarnoff That's the state-of-the-art, right? Okay. You're recognized. Commissioner Dunn: I -- thank you -- want to know is it something maybe in the motion that we could hold them accountable? 'Cause I'd like to know, too, the areas -- I'm sure if it's like -- if this is Brickell, I would shutter to think what it's like in Liberty City. Chair Sarnoff I could show you your streets. Mr. Villasusu: And we would love to work with Administration to identify those areas, identify the utility that did the work so that, perhaps, they could take care of the clean up. If it was us, it would -- we'll be more than happy to do it. Chair Sarnoff Commissioner Gort. Commissioner Gort: Mr. Chairman. And I'm glad you bring this point up. It's not only FP&L, but the -- one of the major problems that we have within the City ofMiami, you have all the developers that takes place in the City ofMiami, that open the streets, and then when they close the street when they finish their job, they walk away and it's not at the level that it should have been built back. I think we need -- somehow the Administration needs to work a little closer with all those programs and make sure when -- we have the supervision that when a job is finished, it gets done according to Miami standards, to our Code and to our standards. You can go through whole city and see all these roads where they had open up for new development or for whatever, and when they reconstruct the road, it's not up to the standards that City ofMiami has. So you know -- and I can understand, a lot of the people use these markets, but somehow, the job is done within certain period of time and it should be taken off within that period of time. And I think the City somehow -- I'm sure it's got to have inspectors looking at these things. I think it's a combination of the two. Chair Sarnoff I think the simple answer is you do not rely upon the rain, you do not rely upon the weather to take away your marking, and I think that's the standard that's been in place in the City ofMiami for 20 years. And you're telling me that's the state-of-the-art. Look, I'm not in contracting. I'm not in vertical -- lateral construction. I have no idea. I don't suggest this is only FP&L. I do suggest FP&L is a substantial player in this. And ifI can't get the cream of the crop to listen to me, I will never get WASA (Water and Sewer Authority) to listen to me. So you can't -- you know, I [sic] just can't have my support for this ordinance for this very reason. I think it's a -- Mr. Villasusu: We will be more than willing to work with Administration for the comments that Commissioner Gort made to work with those that started the job to make sure that they clean up, and we will be more than happy to do our share of it. I think we have. Commissioner Gort: Let me give you a suggestion. I think you have enough people out on the City ofMiami Page 33 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 street. You should have some people go out, check all this, and come up with some information. Mr. Villasusu: If you give us a location, we'll be more than happy to do that. Commissioner Gort: I'm sure we will. Mr. Villasusu: Yeah. Chair Sarnoff All right. Anybody else wish to be heard on this? All right, it's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Yes, although I'm very sympathetic to the Chairman's concerns as well. Ms. Latimore: Commissioner Gort? Commissioner Gort: I'm going to vote yes, but you better go to work tomorrow. Thank you. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff You know, Eloy, I've known you for quite a while, since I've been Commissioner, and you do a lot of things, but this isn't a citywide issue. This is something that -- I don't know if this goes on in West Palm Beach. I don't know if this goes on -- you know what, though? I was in West Palm the other day and their streets, I couldn't find a mark on them. I got to believe the streets were brand-new because it looked like brand-new buildings next to it. I'm going to vote for this, Eloy, only because you made a representation of fact that I'm going to rely upon. And I expect to hear back from you a plan and a study that's going to clean the entire Brickell area, and would hope every Commissioner would then see that plan and give you their streets that reference all the streets that they have an issue with. And I would hope that you would go back to your hierarchy, if you will, and -- with an understanding, this paint doesn't go away in 30 days. Doesn't always rain in Miami in 20 days. And it may take a little elbow grease and it may take a power of brush to do it. It will go away ifyou choose it to go away. And if we get FP&L to make it go away, WASA will follow, cable with follow, 'cause we can use you as our standard. But until you become our standard, we're lost. So I'll give you my vote. I'll vote yes. Ms. Latimore: The ordinance is adopted on second reading, 4-0 -- Mr. Villasusu: Thank you. Ms. Latimore: -- as modified. Chair Sarnoff All right. Mr. Manager, we have -- Mr. Migoya: Mr. Chair, may I? Chair Sarnoff Yes. Mr. Migoya: I think you got a great idea, and we're kind of discussing some opportunities here. City ofMiami Page 34 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 SR.4 10-00497 District 5 - Commissioner Richard Dunn H We're going to discuss it not only with FPL but the other utilities as to how maybe we can all work together to do this 'cause it is a fairly ugly thing to have in our city, so -- Chair Sarnoff You know, it's -- Mr. Migoya: -- we will work together. Chair Sarnoff -- almost like a blight. You could almost have a beautiful neighborhood -- Commissioner Gort: It's a broken window. Chair Sarnoff Yeah. -- and it becomes the blight. You know, MiMo (Miami Modern), for instance, put decorative patterns on their sidewalk, which are pretty modern; and then, if you just look at the FP&L next to it, you can't even discern the two, and it's like what a waste, and they spend how much money -- or we spend how much money to make their sidewalks different. I -- you know, I respect Eloy and that's why I voted -- and he's a man of his word, so that's why I voted for it. Let's see if he holds to his word. Commissioner Dunn: Yes. May I? Mr. Chairman, there's also a issue -- and I -- in Overtown, I think that you recall too -- and I'm trying to figure out -- it was a discrepancy about some wires in front of the old historic church there on 11 th and 3rd Northwest. I'll have someone contact you. Mr. Villasusu: I am not aware, but you can have somebody contact me. Commissioner Dunn: Okay. All right, I'll have someone contact you. Mr. Villasusu: Thank you. Commissioner Dunn: Thank you. Chair Sarnoff All right. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO REQUIREMENTS OF FOUR -FIFTHS (4/5THS) VOTES AMENDING CHAPTER 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 Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 35 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13170 Chair Sarnoff SR.4 is Commissioner Dunn's ordinance on the four fifths vote. Do you wish to present, Commissioner, or do you want the City Attorney? Commissioner Dunn: I'll yield to the City Attorney. Chair Sarnoff Okay. Julie O. Bru (City Attorney): This second reading of the ordinance proposed by Commissioner Dunn, which would clarify what it takes to have a four fifth vote under certain circumstances so that four fifth would mean four fifth of a legally constituted quorum. And we're changing several sections of the Code where the `four -fifth" appears to make sure that we capture those circumstances. Chair Sarnoff All right, so -- Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir, you're recognized. Commissioner Dunn: And additionally, it was -- I guess there was some clarification needed for what clarified or what -- the word "vacancy, " what did that actually -- the definition of vacancy, abstentions, and absences. And of course, in December of last year -- November, December of last year, this City Commission found itself in a very awkward position, unable to legislate or anything, for the most part. So this is pretty much how this came about. Chair Sarnoff I understand Trivial Pursuit is amending its game for us. Bad joke. All right. Madam City Attorney -- oh. Well, let me open a public hearing. SR.4, anybody from the public wishing to be heard? It's the four fifth vote amendment. Public hearing is opened. Public hearing is closed, coming back to the Commission. Do we have a motion? Commissioner Dunn: So moved Chair Sarnoff Motion by Commissioner Dunn, second by -- Commissioner Suarez: Second. Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. A roll call was taken, the result of which is stated above. Pamela L. Latimore (Assistant City Clerk): The ordinance is adopted on second reading, 5-0. Chair Sarnoff All right. SR.5 10-00488 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, City ofMiami Page 36 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 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 Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13171 Chair Sarnoff SR.5. SR.5, gentlemen, is an ordinance that essentially brings the City ofMiami ordinance in line with the by-laws of the Coconut Grove Business Improvement District Board. IfI could get -- well, let me open up a public hearing. Is there anyone from the public wishing to be heard on BID (Business Improvement District) changes? Public hearing is opened. Public hearing -- Commissioner Suarez: (UNINTELLIGIBLE). Chair Sarnoff -- is closed. Sue, you didn't want to speak on that, did you? Okay. Gentlemen, can I get a motion? Commissioner Gort: Move it. Commissioner Suarez: So moved. Chair Sarnoff All right, we got a motion by Commissioner Gort -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. A roll call was taken, the result of which is stated above. Pamela L. Latimore (Assistant City Clerk): The ordinance is adopted on second reading, 5-0. Chair Sarnoff All right. SR.6 10-00551 ORDINANCE Second Reading 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 City ofMiami Page 37 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 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 IMMEDIATE EFFECTIVE DATE. 10-00551 Legislation SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13172 Chair Sarnoff SR.6, I believe the Mayor was here. I guess he's not here any longer. Vice Chair Carollo: Coming down? Chair Sarnoff Is he coming down for this, Mr. Manager? Mr. Manager, would you present SR.6? I'll help you with it. It's an ordinance of the City ofMiami Commission that amends the quorum requirements for Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. It brings the minimum down so that we can finally have quorum. Fair enough description, Mr. Manager? Carlos A. Migoya (City Manager): You did a much better job than I could have done. Chair Sarnoff Okay. So it's 50, plus one. Is -- let me open up a public hearing. SR.6 is the Homeland Security Board requirement -- diminution, if you will, of the number of people have to be there for quorum. Anybody from the public wishing to be heard on SR.6? Public hearing is opened. The public hearing is closed, coming back to the Commission. Gentlemen, do we have a motion? Vice Chair Carollo: So moved. Chair Sarnoff Motion by the Vice Chair -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. A roll call was taken, the result of which is stated above. Pamela L. Latimore (Assistant City Clerk): The ordinance is adopted on second reading, 5-0. Chair Sarnoff All right. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING City ofMiami Page 38 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 FR.1 10-00419 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS", TO AMEND THE DEFINITION OF THE TERM "CONVENIENCE STORE" AND SECTION 4-3, ENTITLED "HOURS DURING WHICH SALES ARE ALLOWED; SUNDAY SALES", TO LIMIT THE HOURS FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES FROM CONVENIENCE STORES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00419 Legislation.pdf 10-00419 Mimo Legislation.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II FR.2 09-00094 District 5 - Commissioner Richard Dunn H Votes: ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00094 Legislation SR 6-10-10.pdf 09-00094 Cover Memo SR 6-10-10.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff Chair Sarnoff FR.2 is brought to us by -- Commissioner Gort: How 'bout [sic] FR.1? Commissioner Dunn: Me. Chair Sarnoff FR.1, I think, was continued for 30 days. Commissioner Gort: It is? Commissioner Dunn: Yeah. Okay. City ofMiami Page 39 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Gort: Okay. Chair Sarnoff Am I right on that, Madam Clerk. Vice Chair Carollo: Yes. Pamela L. Latimore (Assistant City Clerk): Yes, you are, sir. Chair Sarnoff Okay. FR.2. Commissioner Gort: You're right. Chair Sarnoff Maybe the City Attorney could present. Commissioner Dunn: Civilian Investigative Panel. Maria J. Chiaro (Deputy City Attorney): FR.2 changes the way the nominations are made to the Civilian Investigative Panel. It establishes a sfructured nominating committee from the Civilian Investigative Panel, rather than allowing the Civilian Investigative Panel itself to send over names without a sfructured nominating committee. And that structured nominating committee is, in this amendment, to be formed so that each of the Commission districts are represented and the members of the Civilian Investigative Panel also need to be representative of each of the Commission districts. There was just given to you a change to the ordinance because there was an -- a typographical error in the ordinance that didn't have the members adding up so that each Commissioner -- excuse me. There will be 13 members on the Civilian Investigative Panel. The Commission will confirm 12 of those members. The -- one member from the Police Department will not require a confirmation or appointment by this City Commission, but the City Commission, in selecting the nominees that come from the Civilian Investigative Panel, will be confirmed and -- as well as the Mayor's appointee. The Mayor has one appointee -- no. Excuse me. Two appointees will need to be approved by the City Commission. Chair Sarnoff All right. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized for the record. Commissioner Dunn: Yeah. I would like to move this item, but I'll wait for a second. I would like to discuss it. Chair Sarnoff All right. Let me open up a public hearing. Is there anyone from the public wishing to be heard, FR.2, which is an amendment to the Civilian Investigative Panel, please step up. You're recognized for the record. CarolAbia: Good afternoon, Commissioners. My name is CarolAbia. I'm the acting executive director with the Civilian Investigative Panel, also an investigator with the Panel. We have with us our member, Ms. JanetMcAliley and Mr. Tim Moore. Unfortunately, the chair was not able to make it today. He was called away on a family matter. However, there were some concerns. The CIP (Civilian Investigative Panel), of course, agrees with the spirit and intent of the changes to the ordinance. There are some concerns that were raised by a few members, and Ms. McAliley would like to address those. Chair Sarnoff You're recognized for the record, Janet. City ofMiami Page 40 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 JanetMcAliley: Mr. Chairman and members of the Commission and Mr. City Manager, Madam Attorney. I don't think anyone on the existing CIP objects to the intent of this proposed change. We want a diversified Panel. We've been frying to get that for -- since our inception. We -- when there has been a vacancy, we've gone to the Commissioners' offices and said we have vacancies. We would like any suggested person that you would recommend and who is willing to apply to -- we need your help in diversifying the Panel. And we have had very little response from the Commissioners' offices. We've gone to the NET (Neighborhood Enhancement Team) offices and various community organizations seeking greater input and a greater diversity. One of the reasons why District 2 has so many members on the Panel is that District 2 also includes downtown Miami, and some of our members work in downtown Miami, and they do not live in the City, such as our very distinguished Panel member Michelle Delancy, who is a criminal defense lawyer and has provided excellent participation on the Panel, but she doesn't live in the City ofMiami. She does work in downtown Miami. One of the things that I hope -- and I thank you, Commissioner Gort, for proposing or suggesting that one of your constituents applied for the Panel. I am acquainted with that individual and think he would make a wonderful addition to the Panel once he goes through the procedure and we propose the names to you. Make sure, though, as you contact some of your constituents and interest them in becoming a member of the CIP, that you make them understand that this is a working Panel. The members work very hard, the attendance a good. We rarely have had a situation where we have not had a quorum. When somebody comes on who doesn't think it's going to be a lot ofwork and they don't appear regularly, it is a problem with us for us to make a quorum. I have been privileged to serve on this Panel since its inception. I am certainly willing to stand aside and have other interested people from throughout the City ofMiami, butt just want you to know it is a working Panel and it's a lot ofwork, not just the once -a -month meetings, but the preparation for those meetings and then the committee meetings. Since our staff has been cut in half more than in half in the last year or so, it is more important that we have people who will participate and who will do the work. I wanted to make one other observation about the proposed changes. The proposed change says that no member will serve more than six years. That's all right with me, as long as we can find good, earnest, hardworking members. But that isn't made clear in the proposed revision. The ordinance says a member can serve not more than nine years. In the proposed changes, that is not made clear. It has not been -- the nine-year provision has not been stricken in the proposed change and an indication that the new proposal is a limit of six years, so that is a very important thing. But otherwise, thank you for finally getting to this. I think we've had about 25 postponements of this issue and that cannot be put on the shoulders of most of you because most of you are new, but it's a good sign that this new Commission and its current leadership are willing to address this issue. This is a very important Panel for the City ofMiami. Just yesterday on the Complaint Committee meeting, we had a citizen who complained to us that he was awakened about one in the morning by someone pounding on his door, and he opened the door and there were police officers there who pointed a gun right at his head. And he didn't know what was going on. And he complained to Internal Affairs, and the detective who took his complaint wrote that he had withdrawn his complaint merely because he said he didn't want the officers punished, but he wanted the incident investigated. We have had several instances recently where citizens went to Internal Affairs with a complaint and it was -- they were persuaded to sign a voluntary withdrawal form, when they came to us and they said they didn't intend for that to be. It was explained to them a different way. We did address this with our new chief and that detective who had repeatedly done this was transferred to another assignment. But that's why you need this kind of thing, a citizen oversight panel who's really on the job and looking after the citizens ofMiami. Thank you. Chair Sarnoff Thank you. Commissioner Dunn: Thank you. Chair Sarnoff Commissioner Dunn. City ofMiami Page 41 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Abia: Sorry. There was just one other comment made by our chair, and because he's not here, I'll just voice it to the Commission. This is in regards to the issue of whether there was an expenditure or funding impact of this. And the chair wanted to make sure that the Commission was aware that well, with advertisements for the position, that there may be somewhat of a fiscal impact. And you know, it's a matter that we have very limited funding. We will make every effort, of course, to fry to get our PSAs (Public Service Aides) and our -- get out to the media as much information as possible. Chair Sarnoff I would be surprised if Miami Herald would not be supportive of advertising for free for you. Ms. Abia: Well, we certainly will make every attempt to get as much advertising out free of charge. Chair Sarnoff Mr. Raven's sitting right over here, and his new department is now civic service, so you could check him and he'll -- Ms. Abia: I will. Thank you. Chair Sarnoff All right. He'll make sure that it gets on. Commissioner Dunn. Commissioner Dunn: Yes. Thank you, Mr. Chair, to Ms. McAliley and to Carol certainly. I had the privilege of serving with both of you from its inception, and I have the utmost respect for you and for the Panel. I just want to clarify to my colleagues and to this body here that the purpose of this proposed amendment is basically to modify how the members of the CIP, Civilian Investigative Panel, are nominated so as to better reflect, and you've heard that aforementioned, the balance of the community to have -- to preserve the integrity of the makeup and the district representation, as well as the diversity. Having been said, as serving as one of the original CIP members, it is refreshing to hear that the current chief is responsive. You know that was not the case with the former chief. I know firsthand the importance of institutional credibility of the CIP, and this change will, I believe, preserve both the institutional credibility by making sure that each district is equally represented and it still preserves the independence of the CIP and kind of protects it from the political process because the nominations are still made by the CIP to the Commission. So I just wanted to clarify that. And I want to defer -- you talked about the tenure being six years versus nine years. I want to defer that matter to the City Attorney for clarification. Ms. Chiaro: There is no change in the ordinance insofar as the term. It -- no CIP member shall serve more tan six years. Commissioner Dunn: Okay. Are you clear, Ms. McAliley? Ms. McAliley: The ordinance says nine years, and that in the revision, it has not been -- at least the part -- the copies of it that I've seen have not deleted the nine years and added in an underlined six years. Ms. Chiaro: We will check the -- Ms. McAliley: A minor change, but still, it's one that you want to make sure you have -- Commissioner Dunn: Okay. Ms. McAliley: -- it as you wish. Commissioner Dunn: All right. City ofMiami Page 42 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Madam City Attorney, can you explain to me how you can do this without a Charter amendment, when Section 51 of the Miami Code states that the board shall be exclusively a number of civilian members to be determined who shall be nominated by the public and appointed by the City Commission? How can you do this change without a Charter amendment? Ms. Chiaro: The provision in the City Charter "nominated by the public" -- that terminology "nominated by the public" is not precluded by the language of this ordinance. The nominations come from members of the public. Now they go to a nominating committee within the Civilian Investigative Panel. What this ordinance does is provides some structure within the Civilian Investigative Panel for that nominating committee. The nominations come to the Civilian Investigative nominating committee both under this ordinance and under the original ordinance from the public. The nominations come through advertisement, through various ways that the Panel members get the names. This ordinance doesn't change the way the nominating committee in the Civilian Investigative Panel gets the names. Chair Sarnoff So -- well, then, walk me through the process 'cause I'm not understanding. Then the City Commission chooses? Ms. Chiaro: Yes. You -- the City Commission may only appoint members that are sent to it fi^om the Civilian Investigative Panel nominating committee. That's the way it is now -- Chair Sarnoff Right. Ms. Chiaro: -- by the way. Chair Sarnoff Right. Ms. Chiaro: The Civilian Investigative Panel nominating committee -- the Civilian Investigative Committee [sic] nominating committee gets the names that come to it through the public. Chair Sarnoff That's how it works now. Ms. Chiaro: That's how it works now. Unidentified Speaker: Right. Ms. Chiaro: What this ordinance does is change that internal structure. It puts some requirements on the way the nominating committee of the Civilian Investigative Panel is -- Chair Sarnoff It require -- Commissioner Dunn: May I -- Ms. Chiaro: -- structured. Chair Sarnoff It requires -- Commissioner Dunn: I think I -- Mr. -- in other words, Mr. Chairman, five Commissioners will have two representatives, plus -- am I correct? -- plus the two from the Mayor, which is the 12. The police chief is independent of any of our actions and -- Vice Chair Carollo: Mr. Chairman. City ofMiami Page 43 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Go ahead. Commissioner Dunn: -- to reflect the district. Vice Chair Carollo: Right. We're fine there. Commissioner Dunn: Okay. Vice Chair Carollo: Now once each of us and the Mayor and the police chief -- except the police chief. The police chief just -- he names whoever and that person stays there. Commissioner Dunn: Sure, sure. Vice Chair Carollo: But our ten, plus the Mayor's additional two, twelve, what happens once we name these people? Commissioner Dunn: The CIP makes the final -- Vice Chair Carollo: The CIP makes the final --? No. Commissioner Dunn: No. The nomi -- Ms. Chiaro: The reverse. Vice Chair Carollo: No. Commissioner Gort: The reverse. Ms. Chiaro: The Panel sends -- Commissioner Dunn: To the Commission. Ms. Chiaro: -- a group of names to the Commission. Vice Chair Carollo: From -- but we've named our representatives. Ms. Chiaro: No. Vice Chair Carollo: They have to bless it? Ms. Chiaro: This --Vice Chair, ifI may -- Vice Chair Carollo: Sure. Ms. Chiaro: -- just explain something that is structurally different about the Civilian Investigative Panel than from the rest of your boards. The individual Commissioners do not have a role in individually nominating members. Vice Chair Carollo: Understood. Ms. Chiaro: You get a group of names that are sent to you as a body from the Civilian Investigative Panel nominating committee. Vice Chair Carollo: Understood. City ofMiami Page 44 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Chiaro: You then select from those names. Vice Chair Carollo: However, we are not going to be presenting those names to them for them to kick it right back to us? Ms. Chiaro: No, you are not. They do the ads in the community. They make sure that they're nominating Commission within that -- that Civilian Investigative Panel is equally distributed among representatives of the Commission districts, and the names they send to you have to be -- Vice Chair Carollo: Gotcha. Ms. Chiaro: -- representative of the individual Commissioners' districts. Vice Chair Carollo: Yeah, now I understand. I think the discrepancy was that I thought we nominate them. No. It's actually from our district, not nominated. So when you say that two from each Commission, it's actually from each -- Ms. Chiaro: From each Commission district. Vice Chair Carollo: -- district. Commissioner Dunn: District, district. Yeah. Vice Chair Carollo: That's what it is. Yeah. So -- Commissioner Dunn: And, really, to sort of kind of protect it from the political process. Ms. Chiaro: Yes. The intention is very much to protect this from the political process. You don't get individual nominations. Commissioner Dunn: But the CIP will understand that they should reflect each district. Ms. Chiaro: That's correct. And Commissioner Dunn: And that's where the structure is being provided. Am I correct? Ms. Chiaro: Yes. Commissioner Dunn: Okay. Chair Sarnoff What happens if nobody applies from a district? Ms. Chiaro: But you have -- just as you have now, you have vacancies. You know, you won't have a full panel, and that's one of the things that the outreach seeks to do, is to get someone from the districts. That's one of the roles -- ifI may change hats, that's one of the roles that the individual Commissioners have, is to make sure that their districts are representative by people - - represented by names going to the Civilian Investigative Panel to reflect their -- the districts. Commissioner Dunn: Okay. Commissioner Gort: It's up to us. I recommended one person already, and they went in through the process. Commissioner Suarez: Mr. Chairman. City ofMiami Page 45 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you. I'm sorry. I'm a little confused. Is this ordinance -- by the way, I -- if the purpose of this ordinance is to create diversity in the CIP, I'm completely in favor of that objective -- Commissioner Dunn: That's what it is. Commissioner Suarez: -- as I am completely in favor of the CIP generally. Now I am, as a lawyer, looking at this and comparing it to the constitution of the City ofMiami, the Charter. I have some concerns, and I'm not sure that I'm understanding the way this was set out in comparison with the Charter. One thing that I'm -- I keep hearing is that the Mayor is going to be nominating. Am I --? Okay, please explain it to me again. I'm sorry. I'm just not getting it. Ms. Chiaro: No Commissioner, nor is the Mayor going to nominate members to the CIP. The -- Commissioner Suarez: Okay. Ms. Chiaro: -- individual Commissioners and the Mayor will select -- Chair Sarnoff Will appoint? Ms. Chiaro: No. -- an appointee from the group of names sent to them by the Civilian Investigative Panel. The Commission will vote on those selections and will make the appointments from the names that were solicited from the public -- Commissioner Suarez: You lost me. Ms. Chiaro: -- vetted, if you will, by the Civilian Investigative nominating committee, and then sent to the City Commission for selection and appointment. The individual Commissioners will not make, per se, individual nominations. The names for the entire Commission will be selected and then appointed by the City Commission. Commissioner Suarez: So what you're saying is that we're creating the nominating committee? Is that what you're saying? Ms. Chiaro: I'm saying you -- Commissioner Suarez: We are defining the nominating committee as a committee that has two members --? Chair Sarnoff Can I tell you how I'm reading this? Mandatorily, this Civilian Investigative Panel's selection committee must pick two residents from each of our districts. That's the change. Commissioner Dunn: That's -- Commissioner Gort: That's it. Chair Sarnoff That's the change. Commissioner Dunn: -- from the CIP perspective. Vice Chair Carollo: So technically -- and I think that's what through me off -- the Mayor isn't really the Mayor. The Mayor is two at large. So the Mayor really doesn't have -- City ofMiami Page 46 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Chiaro: Sir. Vice Chair Carollo: -- two members. It's really just at large, and that's what through me off 'cause I thought each one of us was going to choose two nominees or two representatives. So realistically, the Mayor really doesn't have two. It's just two at large, right? Commissioner Dunn: Let me see -- Mr. Chair. Commissioner Suarez: Can I --? I'm sorry. Vice Chair Carollo: That's what through me off. Commissioner Dunn: Go ahead, go ahead. I yield. Commissioner Suarez: Mr. Commissioner, I'm just completely confused. I'm sorry. Commissioner Dunn: Okay. Commissioner Suarez: Can you walk me through the step from step one all the way through, 'cause I'm confused? Okay. Someone submits their application from the public. They want to become a member of CIP, the Civilian Investigative Panel. Now what happens? Ms. Chiaro: That name goes to the Civilian Investigative Panel. Commissioner Suarez: Okay. Ms. Chiaro: The Civilian Investigative Panel will set up a nominating committee -- Commissioner Suarez: Okay. Ms. Chiaro: -- according to the structures in this amendment -- Commissioner Suarez: Okay. Ms. Chiaro: -- okay. The Civilian Investigative Panel nominating committee will select a group of names to send to the City Commission -- Commissioner Suarez: Got it. Ms. Chiaro: -- and the Mayor -- Commissioner Suarez: Got it. Ms. Chiaro: -- so that the City Commission and the Mayor can -- Commissioner Dunn: Ratify. Ms. Chiaro: -- select names from that list for then the City Commission to appoint. Chair Sarnoff Okay. Can you stop right there? Does -- Ms. Chiaro: And they're -- only the names from the list that are sent over -- Chair Sarnoff -- the Mayor have -- City ofMiami Page 47 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Chiaro: -- can select. Chair Sarnoff -- the ability right now to appoint Civilian Investigative Panels? Ms. Chiaro: Yes. Chair Sarnoff He does? Ms. Chiaro: Yes. Chair Sarnoff Right now he --? Ms. Chiaro: Yes. Chair Sarnoff Understood what chapter? Ms. Chiaro: Mayor -- I think the Mayor had three appointments before that did not need to be -- Chair Sarnoff I mean, are you reading --? I hate to say this. Doesn't the Code -- isn't that supreme to the ordinances? Ms. Chiaro: Isn't the Charter -- Commissioner Suarez: The Charter, yeah. Ms. Chiaro: -- supreme to the ordinance? Is that what you're --? Chair Sarnoff Well, the Miami Code is our Charter, correct? Ms. Chiaro: No. The Charter -- Commissioner Suarez: Is our constitution. Ms. Chiaro: -- controls what is in the City code. Chair Sarnoff Okay. And then -- Ms. Chiaro: And the Charter -- okay. You want to -- Chair Sarnoff Well -- and then there's ordinances, correct? Ms. Chiaro: Correct, that -- Chair Sarnoff You're attempting to amend ordinance 11.5, right? Ms. Chiaro: Yes. That's part of the City code. Chair Sarnoff All right. So I'm asking you to look at Section 51. Ms. Chiaro: Correct. Chair Sarnoff Where does it say the Mayor has an appointment? City ofMiami Page 48 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Chiaro: It does not. It does not. Chair Sarnoff So why --? Ms. Chiaro: It says that -- Commissioner Suarez: That's one of the things I'm getting at. Chair Sarnoff Right. Why are we persistently giving a Mayor more power than he has? Ms. Chiaro: The original ordinance that is being amended had a provision for the Mayor to make appointments on Civilian Investigative Panel. The Charter provision 51 is the general direction, if you will, that nominations must come from members of the public -- that members must come from the general public. The Code provision that you are now amending that has been in place in term -- is, as I said, establishing a structure for how the names come to you to be appointed and how the Mayor can select one of the members. That's -- it was structured that way prior to this amendment. Ms. Abia: IfI may add? Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Yeah, please. Commissioner Suarez: Thank you. Chair Sarnoff Colloquy -- Commissioner Suarez: I think the Charter makes two statements, in essence. One is where the members have to come from, which is from the public. And secondly, who can appoint them, which is the City Commissioners. That's it. So I don't know how anyone other than the City Commission can appoint a member to the CIP. That's just not in the Charter. It's not. So -- Ms. Chiaro: But no one is appointing, except the City Commission. There's no change. Commissioner Suarez: And that's where I'm a little confused, I think. Yeah. Ms. Chiaro: The City Commission is even appointing the selections of the Mayor. That's the way it's always been. That isn't a change. You're just reducing the number from the Mayor. Commissioner Suarez: So what you're saying -- okay, so -- 'cause I think there's an extra layer here that's what's confusing me. Someone submits to the CIP. The CIP has to send to the nominating committee, of which we create with -- we don't create the nominating committee? Chair Sarnoff They do. Commissioner Gort: They have it. Commissioner Dunn: They have it. Chair Sarnoff CIP does. Commissioner Suarez: They create the nominating committee? Commissioner Gort: They have it. City ofMiami Page 49 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: And that nominating committee has to be created from the scheme where it has to be two Commissioners from each --? Okay. Ms. Chiaro: Two representatives from each Commission district. Commissioner Suarez: Right. And then it goes from that nominating committee where? To us. Directly to us? Chair Sarnoff Yes. Commissioner Suarez: Okay. So, basically, what we're doing here is defining the nominating committee. Chair Sarnoff Defining -- Ms. Chiaro: You're defining -- Chair Sarnoff -- who goes to the nominating committee. Commissioner Dunn: Would the proper terminology be for us to ratify? Mr. Migoya: No. They -- Commissioner Dunn: No? Mr. Migoya: -- provide you a slate of candidates from which you choose and vote on and appoint. Commissioner Dunn: Okay, so we make the appointment. Commissioner Suarez: So you're comfortable with us, by ordinance, defining, in essence, or getting involved in the nomination process, crafting --? Ms. Chiaro: You're not involved in the nominating process. The only thing you get is the result of the nomination process, a slate of candidates. Commissioner Suarez: Wait, wait. But by ordinance we're saying that we have to have certain candidates be nominated. Ms. Chiaro: You don't. The slate sent to you from the nominating committee has to include a representative from -- two representatives of each district. Commissioner Suarez: I understand. Ms. Chiaro: You don't get involved in the individual selection, and -- Commissioner Suarez: But we're putting parameters on that selection. Commissioner Gort: Yes. Commissioner Suarez: We're putting parameters on the nominations. Ms. Chiaro: So the slate has to be structure in a certain way. City ofMiami Page 50 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: Right. And I'm -- my question is do you feel comfortable -- do you believe or is it your opinion that putting -- further defining how the CIP nominates its members from the public is constitutional? That's my question. Because here it just says that the members to be determined shall be nominated by the public. That's it. And it says -- Chair Sarnoff You're recognized. Commissioner Dunn: IfI may, Mr. Chairman? Chair Sarnoff Let's do this. Let him finish his question. And I know Commissioner Gort wants to say something -- Commissioner Dunn: Okay. Chair Sarnoff -- and we'll come back to you, Commissioner Dunn. But let him get his -- let him get satisfied. Ms. Chiaro: I am comfortable because the nominations go to the CIP from -- nominating committee from the public. The -- and then the Charter provision says they shall be nominated from the public -- Commissioner Suarez: Right. Ms. Chiaro: -- and appointed by the City Commission. That's what it says in -- Commissioner Suarez: I agree. Ms. Chiaro: -- Section 51 of the Charter. Commissioner Suarez: I'm just saying that by ordinance what we're doing is we are defining how they are nominated, okay, or we're defining from where they have to come from. Ms. Chiaro: But you're putting steps -- Commissioner Suarez: Yeah. Ms. Chiaro: -- in how the names come to the City Commission for appointment, but originally, the nominations are nominated from the members of the public. Commissioner Suarez: And you're comfortable that we have the authority to do that within -- without violating our Charter? Ms. Chiaro: Yes. Commissioner Suarez: That's my question. Ms. Chiaro: And that -- and I am comfortable not only because the process is set forth without violating that requirement that the nominations come from members of the public, but in fact, the nominations have always come through a nominating committee of the Civilian Investigative Panel. This ordinance is merely structuring that nominating committee so that it is more reflective of a citywide membership. Commissioner Suarez: I'm completely in favor of the public policy, 100 percent, 100 percent, and I completely understand it and I'm in favor of it. I just want to make sure that it's not offensive to the Charter. That's all. I'm completely in favor of it, so -- City ofMiami Page 51 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff All right. Commissioner Suarez: If you -- if it's your opinion that it's not, then I'm prepared to vote on it. Chair Sarnoff Commissioner Gort. Commissioner Gort: Mr. Chairman, my understanding is -- I had the chairperson come to me and telling me that they didn't have enough qualified people applying for it. What I did, I identified a couple of peoples [sic] within my disfrict, and I asked them to go through the process. The process, they had to go get an application. They had the application. They filled that application out. Then they had to go and meet with him. And then they either approve it or disapprove it. But the final vote comes to us. My -- I think the only difference is now when come to us, they're going to come with a little thing on the side saying District 5, District 2, District 1. And we can always -- just like the DDA (Downtown Development Authority) and Miami -- and Off -Street Parking; we get the final vote on it. Commissioner Suarez: No. It's just a technical thing. Commissioner Dunn: Right, right. Commissioner Suarez: I know -- Commissioner Gort: Continue to be -- we don't -- Chair Sarnoff Commissioner Dunn. Commissioner Gort: -- interfere with their selections. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Just to kind of respond to your question. I think this will mirror the makeup of this body, the City Commission, which will be consistent with the Charter because each disfrict will have representation. Chair Sarnoff All right. Commissioner Carollo. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Sorry; Vice Chair. Vice Chair Carollo: Just one last point. You know, in auditing we use flow charts that used to be very good, so just as a suggestion for the future. You know, we use a flow chart so we can see where the starting point and the ending point and how it flows through. That may be helpful. Chair Sarnoff All right, so -- I've closed the public hearing, correct, Madam Clerk? I need to close it. All right, anybody else from the public wishing to be heard on FR.2? Public hearing is now closed, coming back to the Commission. Do we have a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Vice Chair Carollo: Second. City ofMiami Page 52 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Second by Commissioner Carollo. Any further discussion, gentlemen? All right. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: Yes, as substituted. Ms. Latimore: And Chairman Sarnoff? Chair Sarnoff You know, I read Section 51 -- I think it's very easy to read -- and I don't think the Charter allows us to put a bigger collar on the City by way of ordinance. Nowhere here does it discuss the Mayor having an appointment and nowhere here does it discuss that we can restrict how this nominating committee or the Civilian members are to be determined. I think we're starting down a slippery slope. This is not our first time that we've done, that we've given our legislative authority, to some degree, away. I think there's also one other issue that you all should be aware of. This particular Panel has subpoena power. I think it's a better policy statement for this Commission not to have any direct action with regards to subpoena, at all, and I think this Panel needs to be completely independent of the City of Miami. And I don't think we're supposed to put a collar on this, pursuant to the Charter, Section 51, that describes the Civilian Investigative Panel. Now Madam City Attorney comes up with a different opinion. We are merely interpreting three sentences. And I just happen to think she's wrong. I don't think you can do this. And I think, as a policy statement, you simply don't take your power and your authority away and you keep this the most independent board you can. So my vote is no. Vice Chair Carollo: Why didn't you say that before we all voted? Commissioner Gort: Yeah. Chair Sarnoff 'Cause you -- Ms. Latimore: The ordinance passes, 4-1, on first reading. Chair Sarnoff You're -- Vice Chair Carollo: And by the way, the Mayor doesn't have an appointment. I mean, it's at -large. Commissioner Suarez: We have a second reading. Vice Chair Carollo: He has not appointments. City ofMiami Page 53 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 RE.1 10-00420 Civilian Investigative Panel Commissioner Suarez: We have second reading. Chair Sarnoff Okay. Commissioner Suarez: This is the first reading. Vice Chair Carollo: But not only that. I mean, realistically, does the Mayor have an appointment? It seems like he doesn't. Ms. Chiaro: The -- that's correct. Vice Chair Carollo: He does not. Ms. Chiaro: The Mayor does not have an appointment. And the Charter provision, Chairman, requires that the City Commission appoint the members. Chair Sarnoff Well, it's -- Commissioner Gort: Approve -- Chair Sarnoff Right. Commissioner Gort: -- the selection -- Chair Sarnoff Right. Commissioner Gort: -- of the nominating committee. (UNINTELLIGIBLE) different. Chair Sarnoff It's no different than this Commission when the Mayor does have an appointment, like we discussed with the Planning Advisory Board. You know, the Mayor doesn't really have an appointment 'cause you think about it, he doesn't get to vote, so we approve his appointment. Commissioner Gort: Right. Chair Sarnoff But let me tell you something, there's a separation of powers for a reason in the City ofMiami. And while you all may like this particular Mayor, you may not like the next one and you may not like the one after that, so don't give your authority away too quickly, gentlemen. Commissioner Dunn: I hear you. Chair Sarnoff Any rate. All right, let's move on. There's a second reading. And ifMadam City Attorney can come up with something different, I'm still all ears. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING RETROACTIVELY THE CIVILIAN INVESTIGATIVE PANEL'S APPOINTMENT AND TERMS AND CONDITIONS OF EMPLOYMENT OF CAROL A. ABIA AS INTERIM EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL. City ofMiami Page 54 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 10-00420 Legislation.pdf 10-00420 Exhibit.pdf 10-00420 Cover Memo.pdf 10-00420 Cover Memo 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item RE.1 was deferred to the City Commission meeting currently scheduled for May 27, 2010. RE.2 10-00421 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2010 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE READINESS COOPERATIVE AGREEMENT", AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $1,041,900, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. Votes: 10-00421 Legislation.pdf 10-00421 Summary Form.pdf 10-00421 Fund Title.pdf 10-00421 Grant Application Package.pdf 10-00421 USAR Guidance Kit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0184 Chair Sarnoff All right, so I think we're at RE.2, am I correct, gentlemen? And there's the biggest man in the room. Maurice Kemp (Fire ChieJ: Tallest. Chair Sarnoff Good afternoon, Chief. Chief Kemp: How you're doing? Chair Sarnoff Go ahead, you can present. Fire Chief Kemp: Maurice Kemp, Fire chief. You have a resolution of the Miami City Commission establishing a new special revenue project entitled "Fiscal Year 2010 - Department of Homeland Security FEMA (Federal Emergency Management Agency), Urban Search and Rescue Readiness Cooperative Agreement", and appropriating funds in the amount of City ofMiami Page 55 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 $1, 041,900, consisting of a grant from FEMA to be used by the Department of Fire -Rescue for equipment, training, administrative, and program management for the Urban Search and Research Team, Florida Task Force II Chair Sarnoff All right. Is there a motion? Vice Chair Carollo: So moved. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. It's a public hearing. Let me open it up to the public. Anybody wishing to be heard on RE.2, which is the Urban Search and Rescue Readiness Cooperation Agreement? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Fire Chief Kemp: Thank you. Chair Sarnoff Thank you, Chief. RE.3 10-00422 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue DEPARTMENT OF FIRE -RESCUE'S REQUEST OF THE USE OF GRANT FUNDING TO INCREASE ITS TABLE OF ORGANIZATION BY SIX (6) CIVILIAN POSITIONS, IN ORDER TO ADEQUATELY ADDRESS THE PROGRAMMATIC AND FINANCIAL MANAGEMENT ACTIVITIES OF GRANTS THAT THE CITY OF MIAMI HAS BEEN AWARDED, AS STATED HEREIN; TERMINATING SAID POSITIONS ONCE THE GRANT FUNDING CEASES. 10-00422 Legislation.pdf 10-00422 Summary Form.pdf 10-00422 Memo.pdf 10-00422 OMB Circular.pdf 10-00422 Class Specification.pdf 10-00422 Sub -Grant Agreement.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.4 10-00424 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Transportation ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, THROUGH THE MIAMI-DADE TRANSIT AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT AND USE FEDERAL TRANSIT ADMINISTRATION ("FTA") SECTION 5307 FORMULA GRANT FUNDS, IN THE AMOUNT OF $4,084,282, ALLOCATED TO THE CITY OF MIAMI ("CITY") BY THE AMERICAN RECOVERY AND REINVESTMENT ACT, FOR A TRANSIT CAPITAL PROJECT CONSISTING OF PURCHASING RUBBER -TIRE City ofMiami Page 56 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 TROLLEY BUSES AND ANCILLARY EQUIPMENT; ALLOWING THE CITY TO OPERATE AND MAINTAIN MUNICIPAL CIRCULATOR SERVICES IN THE DOWNTOWN, BRICKELL, HEALTH DISTRICT, ALLAPATTAH, OVERTOWN, AND CORAL WAY NEIGHBORHOODS (B-30668), MIAMI, FLORIDA; IMPLEMENTING THE ACCEPTANCE OF SAID GRANT FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION(S). 10-00424 Legislation.pdf 10-00424 Exhibit.pdf 10-00424 Summary Form.pdf 10-00424 Requirements.pdf 10-00424 Attachment B.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.5 10-00558 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PARTIALLY EXERCISE THE CITY OF MIAMI'S FIRST OPTION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH POST BUCKLEY SCHUH & JERNIGAN, INC., PURSUANT TO RESOLUTION NO. 08-0199, ADOPTED APRIL 10, 2008, FOR AN ADDITIONAL ONE (1) MONTH PERIOD OF THE FIRST OPTION YEAR, FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN; ALLOCATING FUNDS FOR SAID PURPOSE FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS. 10-00558 Legislation.pdf 10-00558 Summary Form.pdf 10-00558 Pre-Legislation.pdf 10-00558 Agreement.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0185 Chair Sarnoff RE.5, am I correct? RE.5. Vice Chair Carollo: Yes. Chair Sarnoff All right, RE.5. Alice Bravo (Director, Capital Improvements Program): Good afternoon. Chair Sarnoff Wow. Can you --? Just kidding. Ms. Bravo: Do you want me to stand up? Chair Sarnoff I was going to make a joke. I was going to get a little person argument. I was going to get be in trouble. Welcome. Nice to see you, Ms. Bravo. City ofMiami Page 57 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Bravo: Thank you, Chairman. Good afternoon, Commissioners, Chairman. I'm here to present an item for a one-year contract extension on an existing confract that's been in place for two years. This is not a motion to add additional funds; simply to keep the contract valid for -- Chair Sarnoff All right. Ms. Bravo: -- future work assignments. Chair Sarnoff All right. Prior to doing a resolution, gentlemen, let's see -- Commissioner Gort: I have -- Chair Sarnoff -- if anybody from the public wants to hear this or speak on this. RE.5 is an extension; authorizes the City Manager to do an option with, we know, Ms. Post Buckley. Anybody from the public wishing to be heard regarding the Post Buckley extension confract? Hearing none, seeing none, coming back to the Commission. Do we have a motion at least for discussion? Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Char for discussion -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Dunn, who was really trying to say yes. All right, gentlemen, discussion. Commissioner Gort: Discussion. Commissioner Suarez: Discuss away. Commissioner Gort: I have a problem with this. I'd like to refer [sic] it. I requested some information. My understanding, last year we spent two point something million dollars on this contract. I'd like to see where was it spent and so on. I was reading through the contract, and I was looking at the services they're supposed to be provide [sic], and I just wanted -- have some more insurance of that. Chair Sarnoff All right, that's Commissioner Gort. Commissioner Gort: That's my opinion. Chair Sarnoff Commissioner Carollo. Vice Chair Carollo: I actually requested the information already, Commissioner Gort, and I received it not to the extent of checking each account and so forth and making sure, you know, that's where the credits were and so forth. However, there were some discrepancies. And I don't know if you know, within a day or two that, you know, we spoke, ifyou were able to come up with discrepancies -- Ms. Bravo: Yes. Vice Chair Carollo: -- on where we spent for the first year 2.3 million, more or less, and the second year, 900, 000. City ofMiami Page 58 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Bravo: That's correct. Vice Chair Carollo: Could you --? Ms. Bravo: And I have a listing of the tasks that were assigned during that time for those amounts. Vice Chair Carollo: Maybe we should table it and -- Chair Sarnoff You want to -- Vice Chair Carollo: -- see if -- Chair Sarnoff -- table for today and see if we can take it up at the end of the day? Vice Chair Carollo: Sure. Ask Commissioner Gort. Commissioner Gort: I don't think I can take a vote on this. At least, I can't vote today. Commissioner Suarez: Defer. Chair Sarnoff You're asking us to defer this? Commissioner Gort: You guys can do -- Chair Sarnoff No, no, no, no, no. Commissioner Gort: -- whatever you think is best for you. Chair Sarnoff I -- we're a collegial body, and if you're asking us to defer this, I think you should -- Commissioner Gort: Yes. Chair Sarnoff Okay. So we need the maker to withdraw his motion. Vice Chair Carollo: I do. Chair Sarnoff All right, maker withdraws his motion. The second, I think you don't need to. Why don't we move to continue this to the next Commission meeting? Commissioner Gort: Right. Vice Chair Carollo: I actually defer -- no. Defer it to the next meeting 'cause continue will be to the same like meeting, correct? Chair Sarnoff Well, how 'bout [sic] this. Johnny Martinez (Assistant City Manager/Chief oflnfrastructure): Commission. Vice Chair Carollo: It's a deferral, right? "Cause a continuance will be the same like meeting, which means a month. Pamela L. Latimore (Assistant City Clerk): You are correct, Vice Chair. City ofMiami Page 59 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Right, so -- go ahead. Before we do that, go ahead. Johnny Martinez -- Mr. Martinez: Johnny Martinez. Chair Sarnoff -- you're recognized for the record. Mr. Martinez: What additional information do you need for next time, 'cause we have --? Vice Chair Carollo: I don't have it yet. However, I will be okay with you, you know, presenting that to me, and I'm sure I'm going to have questions. However, one of my colleagues is saying that regardless, even ifyou present that information, he doesn't feel he could take a vote today. Mr. Martinez: Okay. Vice Chair Carollo: So as a -- as colleagues up here, you know, we're entertaining, you know, his thoughts as far as deferring. Commissioner Gort: My -- the information I want is very simple. Last year we spent $2.3 million with this confract and they had to do certain specific jobs according to what I read in here. I would like to get the specific of each one and so on, the cost of every job that was provided by them and why the City cannot provide the same job. Ms. Bravo: And we can provide that information. We have that available today -- Commissioner Gort: Perfect. Ms. Bravo: -- ifyou would like it. Commissioner Gort: Not today. Ms. Bravo: We could review it now, if you want. Commissioner Gort: Not today. Chair Sarnoff You guys seem like you're under the gun. Are we under the gun? Because -- do you need these people to do something? Mr. Martinez: It's a one-year extension to the confract that was awarded two years ago. Chair Sarnoff Right. Mr. Martinez: The one-year extension expires now May the -- in May. Chair Sarnoff All right. Mr. Martinez: It doesn't add any money to the contract. It doesn't authorize any task quarters. It just gives us the flexibility to -- Chair Sarnoff But do you know what -- Mr. Martinez: -- have a consultant on board -- Chair Sarnoff -- it does do, Mr. Martinez? It shows that those fees were negotiated in 2006 and 2007. City ofMiami Page 60 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Gort: Yeah. Chair Sarnoff And you might say the world was different than, and you might say people were getting a premium in those days when we couldn't even find engineers to do our work. Architects, you could wait three hours in their office before you could get an appointment. I have architects now driving taxicabs. Mr. Martinez: Is the issue the rate that they're charging? Chair Sarnoff One of my issues will be rate. Mr. Martinez: Well, if they had an escalation clause per year, we could look at that. I would think we have to abide by the rates that were negotiated as part of the confract. Chair Sarnoff Or -- Mr. Martinez: If there were escalations, we could look at that. Chair Sarnoff -- we could simply not renew the confract, or we could do as the County had done and, ifI recall you telling me, the County had done away with everybody's escalations by ordinance. Ms. Bravo: The State. Commissioner Gort: Mr. Chairman. Chair Sarnoff The State, I apolo -- FDOT (Florida Department of Transportation) told me that. I apologize. Not the County. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: By the way, I understand you -- both of you just came aboard and you're following certain instructions and you're following certain documents that had been existence. We have not seen it. I mean -- and I want to make sure that we don't make the mistakes that we made in the past. Mr. Martinez: Right. Commissioner Gort: Simple as that. Chair Sarnoff Exactly. Mr. Martinez: I can assure you, Commissioner, that every task that will go for this consultant contract will be scrutinized. But all this item does is give us a year extension. It doesn't authorize -- Commissioner Gort: I understand. Mr. Martinez: -- tasks -- Commissioner Gort: I want to see what happened in the past. City ofMiami Page 61 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Martinez: Okay. Carlos A. Migoya (City Manager): Mr. -- Commissioner Gort: "Cause I have a lot of problem with it. Mr. Migoya: -- Chair. Chair Sarnoff Yes, sir. Mr. Migoya: I'm hearing that the issue is that the contract expires today. Chair Sarnoff Right. Mr. Migoya: So that if we defer it till next meeting -- Chair Sarnoff Right. Mr. Migoya: -- then we can't extend it. We'd have to go through an RFP (Request for Proposals) process, I understand. Ms. Bravo: And -- Chair Sarnoff Can we extend it for 30 days? Commissioner Gort: Yeah. You can extend it for whatever you want. Chair Sarnoff That gives you enough time -- I don't -- if you want to extend it for three months. You want to extend it for a period of time that gives you ample time. I think what every Commissioner here is wondering, could we do better? Could we do better? And I'm not trying to hand any -- tie anyone's hands. I don't think anybody else up here is either. If you have a project that needs to get moving, I think you guys should say something to us, like Commissioner Gort -- you know, in Commissioner Gort's district we're about to start a vertical -- I'm sorry, a horizontal construction project, and ifI don't have these guys on board, it's not going to get started, people are not going to go to work. Ms. Bravo: Well, the -- Commissioner Gort: If that's the case, then I have a bigger problem. If that's the case, I have a bigger problem because if we don't have a staff that can do that -- Ms. Bravo: Right. Commissioner Gort: -- then we got a problem. Ms. Bravo: Right. The contract in the first year was being used to provide supplemental project management staff in the office. That has been curtailed completely. That's why the second year of the contract, which is not finished, is going to be used significantly less, approximately one-third of what it was used in the first year. So they are involved in ongoing tasks that would be in jeopardy if we didn't have the extension. Chair Sarnoff All right, let me do this. Could somebody tender a motion to contin -- somebody tender a motion to extend this contract for 30 days. That gives you guys enough time to react. Commissioner Gort: So move. City ofMiami Page 62 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Dunn. Gentlemen, you need any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Bring it back to us -- well, you'll automatically -- Pamela L. Latimore (Assistant City Clerk): As modified. Chair Sarnoff -- bring it back to us in the 30 days. Ms. Latimore: Resolution passed as modified? Chair Sarnoff As modified. Commissioner Gort: As modified. Chair Sarnoff That was fun. RE.6 10-00557 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARKLANE TOWERS, LLC, FOR THE CITY OF MIAMI'S USE OF THE PARK LANE TOWERS SITE LOCATED AT 345 NORTHEAST 32ND STREET, MIAMI, FLORIDA, AS A PASSIVE PARK WHICH WILL BE MAINTAINED BY PARKLANE TOWERS, LLC, WITH CONDITIONS AS STATED MORE PARTICULARLY IN SAID AGREEMENT. 10-00557-Legislation-SUB.pdf 09-00557-Exhibit-SUB. pdf 10-00557-Submittal-Mallory Kauderer-Brickell Flat Iron Park Design.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Commissioner Suarez, 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-10-0186 Chair Sarnoff All right, gentlemen, coming back to the agenda, I'm going to -- we'll take our noon lunch -- ask to do one item that I've done on a time certain, which is RE.6. RE.6 is a resolution of the City ofMiami, with attachments, to extend the MUSP (Major Use Special Permit) and in return, the City ofMiami would receive a park at 345 Northeast 32ndAvenue. The license agreement is attached. I'm sorry. The correction is street, not avenue. I apologize. And it's right on Biscayne Boulevard. It'll be operated as a passive park. The good news is, it will be -- actually, insurance, maintenance, and improvements will be made by the private developer. And I think you're receiving -- I believe they're hiring Raymond Jungles, who's the person who's going to actually do this particular park. And Mallory, I'm going to recognize you for the record just so you can show what the park will look like. City ofMiami Page 63 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mallory Kauderer: Mallory Kauderer. The -- I brought the Brickell Park with us, which is the first park that Raymond's doing. Here's the contract with Raymond on the first park. These are examples of some of his work, including I guess what's well-known at the moment, the top of Lincoln Road where they redid the plaza. Raymond's a, I've come to find out, very famous busy landscape architect, doing things for the rich and famous around the world, and he has kindly consented to do this on a pro bono basis, staff costs only of his design fee, and we're paying whatever those costs are, in addition to the implementation of the park and its maintenance. This, in fact, is the -- a preliminary of the Brickell Flatiron. He's only just begun with his design work. We took about two months to get him to have the time to do it. And we'll be implementing the same type of thing on the new park when that time comes. Hopefully, Raymond will get to it quicker this time around, butt have no control over that. Chair Sarnoff All right. And you'll make a -- Mr. Kauderer: In the brochure in front of you, you have the article that was just written of him in the Miami Herald last weekend and his work and examples of his work, as well as a -- details of the man himself at the back of the brochure. Chair Sarnoff Have you entered into a contract with him to actually do the parks? Mr. Kauderer: Yes. I have the contracts here for the first park. He already has a deposit on the second park, but he wanted to finish the first park before he would execute a contract on the second. We're hoping that I'll have all the design work by the end of the month, and then we can start the implementation process of the first park on the Brickell Flatiron location and then the second park will be the 32nd and Biscayne location. Chair Sarnoff And would you agree that we can make this resolution subject to you coming to an agreement with him? In other words, so we know we have confidence that the resolution would be subject to you having the park designed by him. Mr. Kauderer: The problem I would have with that would be what if he doesn't have time. He hasn't committed to the second park; only saying that he believes he will do it, but he wants to finish the first park. So if he tells me I can't do it or I can't do it for six months, then what? I'd rather go and do a second choice. For example, I already discussed with Ania (phonetic), who we have doing the park, as you know, at 1814 Brickell, that if Raymond doesn't have time, then Ania (phonetic) could -- Chair Sarnoff Would then you agree that it be subject to either Raymond Jungles or Ania (phonetic) to do that park? Mr. Kauderer: Sure, but that's kind of rigid. Say they don't have the -- you know what mean? It's -- I'll do my best -- make my best efforts to use the two of them, but I'm not in control of what they do. Chair Sarnoff Right. Mr. Kauderer: IfAnia (phonetic) turns to me and says, you know, we want to have $40, 000 design fee and I can find another reputable firm that's good to do it on a pro bono basis for the public good and I can spend that money rather on design, on the physical elements of the park -- I mean, Raymond, for example, if you look at his design fees here in the back of the brochure, you'll notice they're in the hundreds of thousands of dollars, you know. Lucia Dougherty: Mallory, could you just agree that if you don't have either of those two, you come back to the Commissioner? City ofMiami Page 64 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Kauderer: Sure. Chair Sarnoff Okay. Mr. Kauderer: Is that okay. Chair Sarnoff So -- Mr. Kauderer: Do I have to go in front of the full Commission or just come to you? Chair Sarnoff No. Full Commission. Commissioner Gort: Full Commission. Chair Sarnoff You get a rigorous, nice five guys -- Mr. Kauderer: Okay. Chair Sarnoff -- asking why it is you didn't do what you said you were going to do, and you'll explain it to us. Mr. Kauderer: Okay, that's fine. Chair Sarnoff That's all right. Mr. Kauderer: It'll be one of those two or I'll come back in front of the Commission. Chair Sarnoff Okay. Mr. Kauderer: My pleasure. Chair Sarnoff Go ahead, Commissioner Gort. Commissioner Gort: I have a couple of questions. How long will that park would be -- you plan to donate it as a park? Mr. Kauderer: I don't think the site will be developed in the foreseeable future. I'm looking at a five- to ten-year hold on these properties, if not more, give or take. The -- part of the Brickell Flatiron site will ultimately be a permanent park as well. Commissioner Gort: I've seen that done in downtown Miami and it works great, but my question is, the liability of the properties that the City ofMiami liability or -- Chair Sarnoff He's providing a private insurance policy. Mr. Kauderer: I already have quotes to ensure both -- two million individual policies for each park and a additional two million blanket. Commissioner Gort: Right. Mr. Kauderer: I have those quotes. Ms. Dougherty: And there's an indemnity for the City ofMiami. Chair Sarnoff In the agreement, correct. City ofMiami Page 65 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Gort: At the same time, I imagine you'll be saving some -- in your taxes, which is fine. Mr. Kauderer: If we're lucky enough. I mean, the tax office -- sorry -- the assessors are very smart folks, so they're going to look at this as being a temporary park. I don't know how much value they're going to put on that, but -- as far as a tax savings. Commissioner Gort: Beautiful project. Thank you. Mr. Kauderer: Thank you. Chair Sarnoff Can I get a motion? Commissioner Suarez: I'll move it. And I'd like to just say one thing. Chair Sarnoff Sure. Go ahead. Commissioner Suarez: I just want to commend you for this. You know, this is precisely what we should be doing, which is, you know, working together to achieve our goals. You know, we have a -- an important goal in our government right now is to provide more parkland. It's something that we've heard the residents come before us and tell us about time and time again, and we have to be cognizant of it, and we have to do everything that we can. And sometimes it's difficult with our financial constraints to make it happen. But you know, in working with, you know, community, you can come to some sort of an agreement where it benefits both parties, but in the immediate future, it benefits the citizens of the City ofMiami. So you know, I just want to commend the Chairman, and I want the Chairman to know that I'm going to try to think outside of the box in terms of my district. I know the Vice Chairman -- Commissioner Gort: He's looking for it. Commissioner Suarez: -- is -- I know the Vice Chairman wants what -- any kind of ways that he can increase parks in his district, and I support him wholeheartedly on that. So I just want to commend you for that. Congrats. Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Mr. Kauderer: My pleasure. Chair Sarnoff All right. We have a motion by Commissioner Suarez, second by Commissioner Gort. Any further discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, let's recess for lunch. We'll be back here at -- Pamela L. Latimore (Assistant City Clerk): The motion passes as substituted, Chair? Chair Sarnoff As substituted and changed. Gentlemen, 2 o'clock? You want a two-hour lunch? Commissioner Gort: Two o'clock, yeah. Vice Chair Carollo: Two o'clock. City ofMiami Page 66 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 RE.7 10-00585 District 5 - Commissioner Richard Dunn H Votes: Chair Sarnoff Two o'clock, all right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENOUNCING ARIZONA SENATE BILL 1070, A LAW THAT SEEKS TO IMPLEMENT ARIZONA'S OWN SCHEME OF IMMIGRATION REGULATION THAT WILL INEVITABLY LEAD TO RACIAL PROFILING OF PEOPLE OF COLOR AND LIMITED ENGLISH PROFICIENCY; URGING THE CONGRESS OF THE UNITED STATES TO APPROVE LEGISLATION RELATED TO IMMIGRATION POLICIES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 10-00585-Legislation-SUB.pdf 10-00585 Summary Memo.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 2 - Commissioner(s) Gort and Dunn II Noes: 1 - Commissioner(s) Sarnoff Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0187 Chair Sarnoff Okay, RE.7. RE.7 is Commissioner -- Oh, there it is. Commissioner Gort: You want to take five? Chair Sarnoff You want to take five minutes? Commissioner Dunn: It's all right with me. Chair Sarnoff All right, tell you what, let's be in recess for ten minutes. [Later... ] Chair Sarnoff RE.7. You're recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. This is a resolution to condemn the actions of the state ofArizona with their new immigration policy that I feel is, in actuality, de facto, a racial - nothing short of a racial profiling measure. It appears to me that the state ofArizona has not learned its lesson. They have a history of being in the middle of what I strongly believe would be racial prejudice. In 1987 they were involved in a process that delayed -- 1987 through actually 1990 -- really 1992 -- which delayed the official naming of the Dr. Martin Luther King holiday, making it a federal holiday. They only decided to support the Dr. MLK (Martin Luther King) holiday as being an official federal holiday after they were boycotted by many groups, including the NFL (National Football League) and including possibly being boycotted of the 1993 Super Bowl, which they were selected to receive. It wasn't until that time that they decided to officially make it the -- an official holiday. I think most Americans, black, white, Hispanic, Asian, Haitian, whatever, Jews, Gentiles, protestants, Catholics would agree that Dr. King was a symbol of unity, a symbol of nonviolence, a symbol ofAmerican fairness and freedom. I think that's universally accepted by all walks, not only in this country but all over this world. So when I heard that Arizona was doing this profiling, if you will, I didn't have a second thought that we should, along with other cities, such as San Francisco, Oakland, San Diego, El Paso County, Texas, and as recently as yesterday, Los Angeles, through its Mayor Antonio R Villaraigosa, decided that they would too boycott the state ofArizona where they would stand to lose about City ofMiami Page 67 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 $52 million. I felt that Miami being the city that it is, the metropolis in which we live, having a multiplicity of races and ethnicities and diversities of life, that we would have to -- we had no -- it was not even a second thought for me to consider us going on record in some shape, form or fashion to support this. It also caused me to reflect back on stories that my parents, grandparents, and great grandparents shared with me, how at one time the City ofMiami Beach had this same kind of racial profiling. Many of you may not be privy or knowledgeable about this, but there were some exceptions where Jews, blacks, and dogs could not be accepted on Miami Beach. You had to actually have a pass to go on the beach. Thank God, times have changed. And so I would like this Commission to send a message to both Arizona that calls into question their method of controlling immigration and to the U.S. (United States) Congress to seriously address the immigration policy. And yes, to the extent that we can boycott, we should send a message. I would just like for us to go on record joining cities that are similar to ours in having a multi -racial makeup, such as the ones that I've aforementioned. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort; I second the motion. Chair Sarnoff All right, there's a second. It's a public hearing. Anybody from the public wishing to be heard on RE.7, please step up. Hearing none, seeing none, the public hearing is closed. I'd like to say a few things, Commissioner Dunn. And I certainly laud you on what you're trying to do because I think your heart's in the right spot and I think your intentions are extremely good. But I was curious when I saw this on the agenda because I just had never read the bill. I've never read the executive order that implements the bill. And I saw that you wish the City ofMiami to denounce Arizona in its law, so I thought what I should do is read the law. And I have a copy for anyone that wants to read the law. It's right here. And then I have a copy of the executive order that will implement the law. And interestingly enough, if you read the law, the law requires probable cause. It could be what you're hearing is the first drafts of a law, but it does not allow -- the simplest way to read it would be the executive order. It says "Senate Bill 1070 prohibits a law enforcement official or agency of this state or county, city, town or other political subdivision of this state from solely considering race, color, or national origin in implementing Senate Bill 1070, except to the extent permitted by the United States Constitution or Arizona constitution." Actually, what they did was they actually just took the actual federal law. And interestingly enough, I could read to you what the governor had to say, which is -- this is Governor Jan Brewer. And what she says is "let me be clear. My signature today represents my steadfast support for enforcement of the law both against illegal immigration and against racial profiling. The legislation mirrors federal laws regarding immigration enforcement. Despite erroneous and misleading statements suggesting otherwise, a new misdemeanor crime of willful failure to complete or carry an alien document as adopted verbatim from the state offense found in the federal statute." So what she's done is she's adopted the federal law. Now she goes on to say, "the new bill strictly prohibits law enforcement officers from solely considering race, color, national origin and implementing the requirements of this section." Now what we did was - - 'cause I was -- it wasn't the easiest thing to do to find this law. Apparently, an earlier draft of this law didn't have the probable cause requirement in there, and I suspect what's happened is people reacted to the nonprobable cause. I guess the best way to put it, the way we used to do it - - remember the seat belt? Seat belt was not a primary offense. It was a secondary offense. If you got pulled over -- if they saw -- the cops saw that you were making an illegal right turn, didn't have a seat belt on, he could add a seat belt charge to it. Well, years later, about four years ago they made the seat belt law to be a primary offense. A police officers passes you, sees you're not driving with a seat belt, he could just pull you over for that. So what they did was they require this to be a secondary offense, meaning your probable cause cannot be the color of your skin, or as you'd like to say, the content of your character. It's got to be something else. It's got to be you're doing an illegal act for that police officer to have probable cause. I don't know the wisdom to -- or I don't pretend to live in Arizona. I could tell you that Arizona is the number -one kidnapping state in the United States. I could tell you that their crime is off the record books for City ofMiami Page 68 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 them, and they're reacting to something. Whether they're reacting correctly or incorrectly, I just wanted us to know that before we, as a city, denounce another state's law, we would know exactly what their law says. Now, no doubt about it, Commissioner, there's been a number of people and number of -- I think the Los Angeles Lakers wore 1960 or '50 jerseys during their game. I'm sure they if played Phoenix -- was it Phoenix they played? Somebody wore an old jersey. I saw that. And I think that's a perfect display of displeasure. But I don't know that anybody's ever cared to look at the law itself and you know, I wanted to do that. I wanted to give you the executive order that implements the law. I wanted to give you the governor's comments on the law. And you know, my feeling on immigration -- not that anybody cares -- is that there are 11 million people, minimally, here that are here, and we simply needed to come up with an immigration policy that deals with the fact that they're here and not wish that they're not here. Some people don't want count them for purposes of the census. They're here. They're consuming our services. They are going to our hospitals. They are going to our schools. You could pretend all you want. It doesn't change the fact that they're here. And I think the Miami Herald sort of got it right when they said you need to come up with a compassionate and considerate immigration policy that provides a course of legalization for the illegal immigrants who are here, which will be inclusive of a small penalty because you, obviously, don't want to award them for coming here illegally; some compensation so that they actually start paying into the American system, and of course, finding a way for them to become legally law-abiding citizens. But I just bring this to your forbearance because -- and I want to explain myself why I'm not going to join this. By no means do I wish you to look at me any differently. On the other hand, I did -- took -- I thought this was the most important on this entire agenda because you're asking the City ofMiami to denounce a law passed by a state that -- funny thing was, I actually went to Arizona four weeks ago on a family reunion, and it's the first time I'd ever been in the state in my life, so I guess my curiosity piqued a little bit, and I know they were talking about it when I was as well. I just -- I'd ask you to do one thing, just look at the law. Take a look at the executive order and take a look at the governor's speech, not that her speech is law, but she's the one that's going to enforce it. And maybe just ask yourself is this any different than the federal law that we already have in place right now. I just don't want us to join other cities who are being reactive to what I consider to be -- it's a good issue for the media to beat the drum on. And is the media being accurate because --? Did the media pick up on the first draft of the law, which, I want to say, conceivably and did not have the probable cause element in it? The law that inevitably passed, which is -- well, I think they, euphemistically call it Senate Bill 1070, does have the probable cause element and actually is simply a redraft of the federal law that's in place for all of us right now. Commissioner Dunn: And I respect that, Mr. Chairman, and I -- certainly, we're not going to argue about it. But I will say that given the history of the state ofArizona, this is not -- you know, they, in my opinion, they disrespected probably a man who contributed more to this world in terms of race relations than any other person. I mean, that could be debatable, I'm sure, but I'm sure most people will say that Dr. King was a consensus [sic] lover of humanity, and they were only second to New Hampshire, the state of New Hampshire, in being the last state in the union to, in fact, adopt a -- the federal -- making Dr. King's holiday a federal holiday. And then to see the other states or cities, counties to pretty much denounce this action -- yes, I hear what you're saying, probable cause, but probable cause can be provoked by some insidious racial -- racism. Probable cause can be prompted by other things. And I'm not -- I know that's -- I understand what the law says, and the part that really -- and I did read it, the basis of it. I -- when I look at Miami and I look at Arizona, I -- it frightens because I realize that, you know, the same could be applied here in this city or in this region. And when you've been a victim, as I have and others who I know have, of racial profiling, it's a very sensitive issue. And of course, whenever you're racially profiled -- a person who's profiling, you're going to use another reason for what they say they're doing it, but until you've actually felt it -- and I respect your legal ability and your brilliance in that. I don't dispute that. But I just know -- it seems to me a bit coincidental that here we go again with the state ofArizona. If this was the first time that this occurred with the state ofArizona, then I would feel, okay, you know, maybe they're sincere in City ofMiami Page 69 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 their efforts to fry to put a handle on it, but can pretty much tell you that -- I guarantee you that a basic part of what has driven this law is underlined by racism. And I -- when you've been a victim of it, you understand it loud and clear. And I'm really being sensitive to the many immigrants who come on the shores of South Florida and to experience that, and not just be an immigrant. Again, our own city, our own municipality in this county -- Miami Beach once had a law that dealt with that. And then, you know, you start thinking about South Africa and other places. So I just believe, given your position, we need to go on record some kind of way, you know, saying that we don't support this immigration law being guised or masked by racism. And I don't know, you know -- because it -- it's frightening to me. Chair Sarnoff Well, I -- Commissioner Gort. Commissioner Dunn: Something needs to -- Commissioner Gort: I need to understand that we need to have some laws to take care of the immigrations, especially illegal immigrations. Sometimes the -- my understanding, this is the federal government. They're supposed to be doing that job. If you're going to put our police officers who start doing -- performing the federal jobs, then what are they going to be doing, our policemen? They're going to be working in frying to be immigration police officers instead of dealing with the crime that we're dealing with in the cities? I think that's the problem with it, when you get your local enforcement to provide the job that the federal government should be providing. Chair Sarnoff Well -- Commissioner Gort: That's it. Chair Sarnoff -- I hear what you're saying. And Commissioner Dunn, neither you nor I can legislate the content of what's in a man's heart, so I'll leave that to the pastors, the rabbis, and the preachers to legislate or to hopefully instruct what's in a man's heart, you know. So I'm merely -- I merely want us to know what it is that we're -- what we are decrying, and that is to denounce Arizona bill 1070, and to further suggest that maybe it would be appropriate to boycott them. I simply can't. I want to go on record as saying I think there needs to be a new federal law on point. I think we need to find an amnesty way of allowing people, the 11 million here -- that may be as many as 20 million people here. I think you know all the bath houses, it used to say "No Jews ", "No Blacks", so I certainly am of a person that is not a white Anglo Saxon protestant that probably had a superior right to America in the '50s. I do understand what your remarks -- I want to be sensitive to what you want, butt just don't feel that if we read the law and understood the law, that it's something we should be doing, but -- if you were to convert this to a resolution denouncing any passage of any law that provides or suggests racial profiling, I could support that completely. But when you gear yourself towards one particular state and one particular bill, and as a lawyer, I felt compelled to look at that bill, and I'd never looked at it before. As a matter of fact, I had conversations with my wife around the dinner table. We debated Barack Obama's health care bill, and we both joked with each other. "Did you read the 3,000 pages?" And she said, "No." And I said, I didn't read it, either, so we're never going to have an intelligent conversation. And then we talked about this law, and I said it's, you know, seven pages; have you read it? And then she said, "No." And I said, I haven't either, but I'm going to read it today. So I just want you to know I think I did some due diligence. My office was great about getting me the work on the -- 'cause -- this office got it, not my law office, and I give them a lot of credit. They were a very good law firm today. They actually picked up the right ordinance. I -- sorry; the right law. And we, at first, picked up the first law that didn't have the probable cause on it, so I suspect this may be a problem that a lot of cities and a lot of decries [sic] went out there. The fact that they considered it without probable cause, I agree with you, is a big issue. But probable cause is a term of art in the legal profession that is testimonially [sic] -- what a police officer must say is an objective subjective standard as City ofMiami Page 70 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 to why he perfected at least an arrest and a stop of a person to go further inquiry. And just so you know, none of a probable cause can be based on a person's skin color, a person's religious background, or a person's national origin. Commissioner Dunn: And, Mr. Chairman, I agree with you, but that's what they all say. And again, as it relates to Arizona, I probably wouldn't be as adamant about it, but when you look at the history, you know, does a leopard change his spots? And I just simply -- I mean, just for the record, if we could just call the question and just -- Chair Sarnoff All right, let's call the question. So -- Julie O. Bru (City Attorney): Mr. Chair, we did have a substitute. There was a slight modification where one of the whereases was deleted. Commissioner Dunn: Okay. Chair Sarnoff All right, so then, as substituted as provided to the Commissioners right here -- Commissioner Dunn: Right. Chair Sarnoff -- all in favor, please say "aye." Commissioner Gort: "Aye." Commissioner Dunn: "Aye." Chair Sarnoff One "no." RE.8 10-00544 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING ADDITIONAL FUNDS TO THE MIMO BUSINESS IMPROVEMENT COMMITTEE, INC. ("MIMO BIC"), IN THE AMOUNT OF $50,000, TO FUND COSTS FOR THE CREATION OF A BUSINESS IMPROVEMENT DISTRICT FROM ACCOUNT CODE NUMBER 00001.980000.882000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GRANT ACCEPTANCE AGREEMENT BETWEEN THE CITY OF MIAMI AND MIMO BIC, IN SUBTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES. 10-00544 Legislation.pdf 10-00544 Exhibit.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Commissioner Dunn II, seconded by Commissioner Gort, 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 R-10-0188 Chair Sarnoff All right. So RE.8 is MiMo (Miami Modern). RE.8, gentlemen, is a resolution of the City ofMiami allocating additional funds to MiMo Business Improvement Committee, which you know, I hope -- I think you all know we're trying to get them to be a BID (Business City ofMiami Page 71 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Improvement District). They're probably going to run out of time in terms of doing this. This is coming from my CDBG (Community Development Block Grant) allocation through a series of transactions with the City. It's not costing the City anything. Do you wish to speak to that, Larry? Oh, I'm sorry. I like you better quiet. Larry Spring: Larry Spring, chief financial officer. I just want to put on the record we are processing the funding associated with this resolution by swapping out District 2 CDBG funding with general fund dollars that are supporting a park project in the capital fund. We identified the project, and it's the same source we're using -- that we used for the Wynwood project, as well. I know a couple of Commissioners had asked how we go about doing this, and that's basically how we do. We find an eligible project in the capital fund that would be eligible to receive CDBG funding that hasn't initiated yet and we're doing the swap. Commissioner Gort: So it's an indirect CDB (Community Development Block) -- Community Development funds? Mr. Spring: It is a -- yeah, basically -- Commissioner Gort: Indirect? Mr. Spring: Indirect, yes. Chair Sarnoff All right. Commissioner Gort: All right. Chair Sarnoff All right, public hearing. Let me open up a public hearing. Anybody wishing to be heard on RE.8, please step up to the mike. Hearing none, seeing none, I'm closing the public hearing. Any further discussion, gentlemen? All in favor then, please say "aye." The Commission (Collectively): Aye. RE.9 10-00562 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH TomasRegalado ATTACHMENT(S), APPROVING CERTAIN TERMS AND CONDITIONS ON EXHIBIT A ("EXHIBIT A") RELATED TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER") AND GROUND LEASE, BOTH BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"); AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO FINALIZE THE AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE ("AMENDED AND RESTATED AGREEMENT TO ENTER") AND THE FORM OF AMENDED AND RESTATED GROUND LEASE(S) TO PROVIDE FOR, INTER ALIA: (1) FLAGSTONE'S OPTION TO DEVELOP THE MEGA -YACHT MARINA WITH ITS ANCILLARY FACILITIES, RETAIL, PARKING, HOTELS AND ALL OTHER RELATED FACILITIES (THE "PROJECT") IN ITS ENTIRETY ALL AT ONCE OR THROUGH PHASED DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2) EXTENDING THE POSSESSION DATE FROM FEBRUARY 1, 2010 TO FEBRUARY 1, 2013, OR SOONER, AT FLAGSTONE'S OPTION; (3) ESTABLISHING AN ANNUAL PAYMENT SCHEDULE FOR ALL COMPONENTS COMMENCING WITH THREE HUNDRED THOUSAND DOLLARS ($300,000) AND INCREASING TO TWO MILLION DOLLARS ($2,000,000) NO LATER THAN THE YEAR 2018, SUBJECT TO CERTAIN CREDITS AND OTHER CONDITIONS RELATED TO City ofMiami Page 72 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Votes: DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (4) EXTENDING CERTAIN MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT, COMPLETION, AND OTHER DEVELOPMENT MATTERS AS SET FORTH IN EXHIBIT A; AND (5) PROVIDING FOR SECURITY DEPOSIT(S) ON A COMPONENT BY COMPONENT BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND TO JULY 8, 2010, THE CURRENT AGREEMENT TO ENTER, IN ORDER TO FINALIZE THE AMENDED AND RESTATED AGREEMENT TO ENTER AND THE AMENDED AND RESTATED GROUND LEASE(S) FOR FINAL CONSIDERATION AT THE JULY 8, 2010 CITY COMMISSION MEETING. 10-00562 Legislation.pdf 10-00562 Exhibit.pdf 10-00562 Exhibit 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item RE.9 was deferred to the City Commission meeting currently scheduled for June 24, 2010. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 10-00338 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00338 Arts CCMemo.pdf 10-00338 Arts Cu rrent_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right. Do you want to go through the boards? Commissioner Dunn: Yes. Chair Sarnoff You do? Well, go ahead. Then let's go through them quick then. Commissioner Dunn: As many as we can. Chair Sarnoff BZ. 1 [sic] is the Arts and Entertainment Council. You have an appointment, Mr. Vice Chair. Do you wish to take that? City ofMiami Page 73 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: I'd rather just continue all my appointees. Chair Sarnoff All right, so BZ.2 [sic] would have been you. BC.2 10-00339 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00339 Audit CCMemo.pdf 10-00339 Audit Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Please refer to item BC.1 for minutes referencing item BC.2. BC.3 10-00340 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Elena Carpenter NOMINATED BY: Commission At Large 10-00340 Bayfront CCMemo.pdf 10-00340 Bayfront Current Members.pdf ADOPTED R-10-0192 Chair Sarnoff BZ.3 [sic] is a resolution appointing Bayfront Park Trust members. Commissioner Suarez, you have an appointment and there's an at -large. Commissioner Suarez: Continue or defer until the next -- Vice Chair Carollo: (UNINTELLIGIBLE) just continue them. Chair Sarnoff All right. Does everybody want to continue that? Commissioner Dunn: Yes. Vice Chair Carollo: Yeah, let's continue. Chair Sarnoff All right. This will come back when, at the --? When will these come back? City ofMiami Page 74 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Pamela L. Latimore (Assistant City Clerk): The next regular meeting. Chair Sarnoff Okay. "[Later...]" Vice Chair Carollo: AndMr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Can we go back to the Bayfront Park Management Trust, the at -large? Chair Sarnoff Yes. Vice Chair Carollo: If we can just go with the incumbent. It's BC.3. Chair Sarnoff Okay. Thank you. Vice Chair Carollo: I'd like to nominate the incumbent, Elena Carpenter. Chair Sarnoff All right. Commissioner Gort: Second. Chair Sarnoff All right. We have a motion by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Nearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.4 10-00341 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Christian Masciatti Chairman Marc Sarnoff Anthony Cantey Commissioner Richard Dunn II 10-00341 CEB CCMemo.pdf 10-00341 CEB Current Members.pdf ADOPTED R-10-0193 Chair Sarnoff BZ.4 [sic] is a resolution for the Code Enforcement Board. I have an appointment. I would appoint Christian Masciatti. Commiss -- the Vice Chair, do you want to City ofMiami Page 75 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 defer yours? Vice Chair Carollo: Yeah. Chair Sarnoff All right. Vice Chair Carollo: I'm continuing all mine. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: I'll continue. Chair Sarnoff All right, so can I get a motion? Commissioner Dunn: So move. Commissioner Suarez: So move. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion? Commissioner Dunn: I'm sorry. I'm sorry, Mr. Chairman. I do have an appointee. Chair Sarnoff All right, sorry. Go ahead. Commissioner Dunn: I'm sorry. Anthony Cantey. Chair Sarnoff Anthony Cantey. Commissioner Dunn: Cantey, yes. Chair Sarnoff All right. Is there a motion? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. BC.5 09-01462 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Rodriguez Chairman Marc Sarnoff City ofMiami Page 76 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Barbara Rodriguez Commissioner Wifredo (Willy) Gort Samuel Latimore Commissioner Richard Dunn II Richard Dixon Commissioner Richard Dunn II 09-01462 CRB CCMemo.pdf 09-01462 CRB Memo and Resumes.pdf 09-01462 CRB Current Members.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0189 Commissioner Gort: I'm sorry. Community Relations, I have one. Chair Sarnoff We're not up to it. We're getting to it right now. Commissioner Gort: Oh, okay. Chair Sarnoff It's BC.5, Community Relations Board. I have -- I love my office. You know what they tell me? It says "see e-mail." So I will nominate "see e-mail." Pamela L. Latimore (Assistant City Clerk): He needs a waiver. Chair Sarnoff He needs a waiver. That's good. I'll tell -- Jose Rodriguez or, alternatively, see e-mail. Commissioner Carollo is going to defer. Ms. Latimore: Commissioner Dunn. Chair Sarnoff Commissioner Gort. Commissioner Gort: Barbara Rodriguez. Commissioner Dunn: That's Gort. Commissioner Gort: That's mine. Chair Sarnoff You have two of them, sir. Commissioner Gort: Just one for now. Chair Sarnoff Just one, all right. Commissioner Suarez, you have two. Commissioner Suarez: I'll defer them both, please. Chair Sarnoff Commissioner Dunn, you have two. Commissioner Dunn: Sam Latimore and Richard Dixon. Chair Sarnoff All right, is there a motion? City ofMiami Page 77 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: So move. Vice Chair Carollo: So move. Chair Sarnoff Motion by -- Commissioner Dunn: Second. Chair Sarnoff -- Commissioner Dunn, second by the Vice Chair. Any discussion, gentlemen? Nearing none, all in favor, please say "aye." The Commission (Collectively): Aye. BC.6 10-00342 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Liliana Dones Chairman Marc Sarnoff Maria Mascarenes Chairman Marc Sarnoff Melissa Fernandez-Stiers Commissioner Francis Suarez Constance Gilbert Commissioner Richard Dunn II 10-00342 CSW CCMemo.pdf 10-00342 CSW Current Members.pdf Motion by Vice Chairman Carollo, seconded by Chairman Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0190 Chair Sarnoff Commission on the Status of Women. The Mayor has one, butt guess -- did you get one from the Mayor? Pamela L. Latimore (Assistant City Clerk): No, I do not have one from the Mayor. Chair Sarnoff All right, I have two. I would nominate Liliana Dones and Maria Mascarenas. Ms. Latimore: Repeat those names, sir. Chair Sarnoff They're on the board, but Liliana Dones and Maria Mascarenas. The Vice Chair will defer his. Commissioner Suarez, you have two Commissioner Suarez: I will nominate for one of them Melissa Fernandez -Steers in place of Josefina Sanchez-Pando. Chair Sarnoff All right. And Commissioner Dunn, you have one. Commissioner Dunn: I want to -- Connie, she's serving now. I want to continue. Do you have City ofMiami Page 78 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 her name? You have it? Remain. No change. Ms. Latimore: No changes, okay. Commissioner Dunn: No. Chair Sarnoff All right. So we -- do we have a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.7 10-00344 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sandor Lennor Chairman Marc Sarnoff Pablo Acosta Commissioner Wifredo (Willy) Gort Manuel Vadillo Commissioner Francis Suarez Diana Gomez City Manager Carlos A Migoya 10-00344 Finance CCMemo.pdf 10-00344 Finance Current Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0194 Chair Sarnoff Finance Committee. I'm going to reappoint Sandor Lenner, sitting on the board, SA ND 0 R, Lennor, L E N N O R [sic]. The Vice Chair will defer his. Commissioner Gort. Commissioner Gort: Pablo Acosta. Chair Sarnoff And Commissioner Suarez. Commissioner Suarez: I will appoint on one of my seats Manuel Vadillo. City ofMiami Page 79 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Manuel or Miguel? Commissioner Suarez: Manuel. Chair Sarnoff Manuel. Commissioner Dunn: Mr. Chair. Chair Sarnoff I got that tinny ear. What can I say? Yes, sir. Commissioner Dunn: For a matter of record, I would like to have Carol Gardner replace Sylvester Lucas, and I want Sylvester Lucas to serve on the -- on your special budget audit committee. I wanted to put that in record. Previously -- Chair Sarnoff All right, so -- Commissioner Dunn: -- Sylvester Lucas is serving on the Finance -- Chair Sarnoff -- I think he -- let's do this. Let's vote on the ones that we know. I think you're going to have to do a motion to remove -- Commissioner Dunn: Okay. Chair Sarnoff -- and then you'll do a motion to instate. Commissioner Dunn: Sure, okay. Chair Sarnoff So we have Barbara Acosta, Manuel -- Commissioner Suarez: Vadillo. Chair Sarnoff Vadillo. We have -- did I get one from you, Commissioner Gort? I don't think I did. Ms. Latimore: No. Commissioner Gort: I'm going to waive. Chair Sarnoff Right. And we had from me was Sandor Lenner. So we have a motion? Commissioner Suarez: So move. Chair Sarnoff Motion by Commissioner -- Commissioner Dunn: Second. Chair Sarnoff -- Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice -- Carlos A. Migoya (City Manager): Do you guys need one from me? Chair Sarnoff Oh, yeah. I'm sorry. I was ignoring you. City ofMiami Page 80 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Migoya: I know it's hard to do. Chair Sarnoff You're hard to ignore. Mr. Migoya: I know. It's hard to do, but I figured I'd get out there. Diana Gomez. Chair Sarnoff Diana Gomez, okay. All right, now do we have a motion Commissioner Suarez: So moved Chair Sarnoff Motion by Commissioner Suarez, second -- Vice Chair Carollo: Second. Chair Sarnoff -- by the Vice Chair. Commissioner Suarez: As amended. Chair Sarnoff As amended. All in favor, please say "aye." The Commission (Collectively): Aye. BC.7A 10-00674 DISCUSSION ITEM DISCUSSION REGARDING THE REMOVAL OF SYLVESTER LUKIS AND THE APPOINTING OF CAROL GARDNER TO THE FINANCE COMMITTEE. DISCUSSED BC.7B 10-00672 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING SYLVESTER LUKIS AS A MEMBER OF THE FINANCE COMMITTEE. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0207 Chair Sarnoff All right. And I think the -- I think Commissioner Dunn has a motion to remove. Commissioner Dunn: My motion is to remove or replace Sylvester Lucas with Carol Gardner. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair. Commissioner Suarez: Third. Chair Sarnoff Discussion, gentlemen. City ofMiami Page 81 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: No. Chair Sarnoff Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. BC.7C 10-00673 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Carol Gardner Commissioner Richard Dunn II Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.8 10-00468 Office of the City Clerk R-10-0208 Commissioner Dunn: And then, Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: I'd like to make a motion to replace Carol Gardner with Sylvester Lucas on the budget -- on your budget audit committee, a flip flop. Chair Sarnoff Okay, that's fine. So we have a motion. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second -- we have a motion by the -- by Commissioner Dunn, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marta Laura Zayas City Manager Carlos A Migoya City ofMiami Page 82 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 10-00468 EAB CCMemo.pdf 10-00468 EAB Current Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0205 Chair Sarnoff All right, Education -- oh, there you go, Mr. Manager. I'm sure you're ready for this. Carlos A. Migoya (City Manager): Yes, sir. I'm prepared. Chair Sarnoff You look prepared. You combed your hair; you look great. Mr. Migoya: I did. Marta Laura Zayas. Chair Sarnoff Marta Laura Zayas. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right, we have a motion by the Vice Chair, second by the -- by Commissioner Suarez. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. BC.9 10-00343 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Amarilys Perez AFSCME 1907 Louis Marshall III IAFF 10-00343 EO CCMemo.pdf 10-00343 EO Current Members.pdf 10-00343 AFSCME Local 1907.pdf 10-00343 Memo EO - IAFF.pdf Motion by Vice Chairman Carollo, 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-10-0195 Chair Sarnoff Okay. Equal Opportunity Advisory Board. Okay, thank you to my office. I have a great big question mark there. I guess I'm deferring on that. Commissioner Carollo's City ofMiami Page 83 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 deferring. Commissioner Gort's not here. Commissioner Suarez, you have two? Commissioner Suarez: Defer both. Chair Sarnoff All right, defer. Commissioner Dunn. Commissioner Dunn: On the -- I'm deferring on that too. Chair Sarnoff All right, AFSCME (American Federal, State, and County Municipal Employees) 1907. Have they proffered a name? Pamela L. Latimore (Assistant City Clerk): No, they have not. Chair Sarnoff Has IAFF (International Association of Firefighters) proffered a name? Ms. Latimore: One minute, Chair. Chair, can we come back to that one 'cause they have proffered two names? Chair Sarnoff Absolutely, absolutely. "[Later...]" Chair Sarnoff Anything else, gentlemen? All right, going to the district pages. Ms. Latimore: Chair. Chair Sarnoff Yes, ma'am. Ms. Latimore: Re -- Chair Sarnoff Did I miss one? Ms. Latimore: -- taking BC -- Commissioner Gort: Oh, yeah. Ms. Latimore: -- 9. Chair Sarnoff BC.9, I missed that? Ms. Latimore: The names proffered by AFSCME Local -- Chair Sarnoff Oh. Ms. Latimore:--1907. They would like to appoint Marley B. Perez. And the Miami Association of Firefighters would like to reappoint Louis Marshal, III. Chair Sarnoff Louis Marshal, III? All right. Is there a motion, gentlemen? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. Any discussion? Hearing none, all in favor, please say "aye." City ofMiami Page 84 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 The Commission (Collectively): Aye. BC.10 10-00204 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez 10-00204 Health Current_Board_Members.pdf 10-00204 Health CCMemo.pdf CONTINUED Chair Sarnoff BC.10, Health Facilities Authority Board. Looks like Commissioner Car -- the Vice Chair has one. He's going to defer. Commissioner Gort's not here. Fran -- Commissioner Suarez. Sorry. Commissioner Suarez: Defer. Chair Sarnoff Sorry. Defer. BC.11 10-00345 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Commission -at -Large (Represents employers within the City) Commission -at -Large (Actively engaged as a not -for -profit provider of affordable housing) Commission -at -Large (Representative of those areas of labor actively engaged in home building) City ofMiami Page 85 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 10-00345 HCLC-Nominates.pdf 10-00345 HCLC CCMemo.pdf 10-00345 House Current_Board_Members.pdf CONTINUED Chair Sarnoff Okay, BC.11, Housing and Commercial Loan Committee. We have three at -large appointments. Has the Mayor proffered a name? Pamela L. Latimore (Assistant City Clerk): The Mayor has not. Chair Sarnoff All right. We have three at -large appointments. Does anybody have anybody in mind? I think we should defer BC.11. BC.12 09-01318 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) (Youth Member) NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II 09-01318 OAB CCMemo 05-13-2010.pdf 09-01318 OAB Current Members 05-13-2010.pdf 09-01318 OAB Board Memo.pdf 09-01318 OAB Applications.pdf 09-01318 OAB CCMemo.pdf 09- 01318 OABCurrent_Board_Members.pdf CONTINUED Chair Sarnoff All right. Overtown -- this is going to be you, Commissioner Dunn. Overtown Community Oversight Board. Commissioner Dunn: Mr. Chair, I will give my names to the Clerk for publication, pursuant to the ordinance. Chair Sarnoff This body does not need to approve them? Commissioner Dunn: I'll seek the advice on it. I was given information that need to -- Chair Sarnoff I think we have to approve it. City ofMiami Page 86 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: So let's approve it anyways, whether we do or not. What does it matter? Chair Sarnoff Well, he -- Commissioner Dunn: Man, I feel pretty good about that. Vice Chair Carollo: Right? Just -- Chair Sarnoff We need to vote on it. Commissioner Dunn: I mean -- Vice Chair Carollo: Yeah, yeah. Right. Chair Sarnoff What (UNINTELLIGIBLE) -- Commissioner Dunn: You want me to defer it and then --? I mean, I don't know what -- what I wanted to do was do it through the publicational [sic] process. Help me out there, Clerk. Is that -- am I in order, Madam Clerk: Pamela L. Latimore (Assistant City Clerk): Which board is this? Chair Sarnoff BC (Boards and Committees) -- Commissioner Dunn: Overtown Oversight -- Chair Sarnoff --12, Overtown Advisory. Ms. Latimore: That -- they do -- it's advertised and it's by application. Commissioner Dunn: And then it comes back to the Commission for approval, right? Ms. Latimore: Exactly. Commissioner Dunn: Okay, so we'll be good with that. Chair Sarnoff So we're going to -- Commissioner Dunn: It'll come back before this -- Chair Sarnoff Well defer, right? Commissioner Dunn: Yes. Chair Sarnoff All right. Commissioner Dunn: Okay. BC.13 10-00346 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 87 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Pedro Mora Commissioner Wifredo (Willy) Gort 10-00346 NAB CCMemo.pdf 10-00346 NAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0196 Chair Sarnoff Nuisance Abatement Board. Come on, gentlemen. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: I know both of my colleagues that worry about the -- some of the events that are taking place in some of the places with the alcohol and so on. And I agree with you, the Nuisance Abatement Board is one board that can take care of certain issues, and we should not penalize the whole city for certain areas that are being affected by certain things. So I think -- I'm going to put Pedro Mora as a -- Commissioner Dunn: Okay. Commissioner Gort: -- I think we need to put emphasis in the Nuisance Abatement Board. Chair Sarnoff All right, Pedro Mora. Commissioner Suarez, do you have somebody? Commissioner Suarez: No. I defer for now. Chair Sarnoff All right. Commissioner Dunn. Commissioner Suarez: Question mark. Commissioner Dunn: Oh, I have a choice on the -- Chair Sarnoff On the Nuisance Abatement Board. Commissioner Dunn: Let me defer. Chair Sarnoff Okay. This is a pretty useful tool, gentlemen, that you're -- we're not filling it. Commissioner Dunn: Okay. Chair Sarnoff So ifI can admonish you for the next time, try to think about the Nuisance Abatement Board. It shouldn't be overused, but it's a tool that you can use. All right, we have Pedro Mora. Do we have a motion? Motion by -- Commissioner Suarez: So move. Chair Sarnoff -- Commissioner Suarez -- Commissioner Dunn: Second. City ofMiami Page 88 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff -- second by Commissioner Dunn. Any discussion. Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. BC.14 10-00347 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc Sarnoff Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00347 PRAB CCMemo.pdf 10-00347 PARAB Current_Board_Members.pdf CONTINUED Chair Sarnoff Okay. Parks and Recreational [sic] Advisory Board. I'm going to defer mine. Commissioner Carollo, I think, is going to defer his. Commissioner Suarez. All right. BC.15 10-00348 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Vice -Chairman Frank Carollo (Citizen) Vice -Chairman Frank Carollo (Architectural Historian) 10-00348 List HEP Applicants Summary.pdf 10-00348 HEP Applications.pdf 10-00348 HEP CCMemo.pdf 10-00348 HEP Current_Board_Members.pdf CONTINUED Chair Sarnoff Moving on, BC.15, Historic Environmental Preservation Board is Commissioner Carollo. BC.16 10-00349 RESOLUTION City ofMiami Page 89 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Albena Sumner Commissioner Richard Dunn II 10-00349 Homeland CCMemo.pdf 10-00349 Homeland Current Members.pdf 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 R-10-0197 Chair Sarnoff Moving on BC.16, Homeland Security Defense Board. Commissioner Suarez, you have two appointments. Commissioner Suarez: I'll defer them. BC.17 10-00350 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carmenza Jaramillio Commissioner Wifredo (Willy) Gort Najib Tayara Commissioner Richard Dunn II 10-00350 MIC CCMemo.pdf 10-00350 MIC Current Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0198 Chair Sarnoff Okay. Mayor's International Council. Commissioner Gort, you have a nomination. Commissioner Gort: Carmenza Jaramillo. Chair Sarnoff Mesa (phonetic) Jaramillo. And Commissioner Dunn, you have one. Commissioner Dunn: Najib Tayara. Tyra or whatever. Tayara, I think it is. Help me out on the pronunciation. Najib Tayara, yeah. City ofMiami Page 90 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Just call him Mr. T. All right, is there a motion? Motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Commissioner Dunn: No. Chair Sarnoff Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. BC.18 10-00351 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wilfredo (Willy) Gort Commissioner Wifredo (Willy) Gort Roland Smith Commissioner Richard Dunn II 10-00351 MSEA CCMemo.pdf 10-00351 MSEA Current Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0199 Chair Sarnoff Okay. Miami Sports and Exhibition Authority. This is a heck of a board. Commissioner Dunn: Yes, it is. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: I thought -- okay, let's try it again. I thought I had made an appointment for -- Vice Chair Carollo: You have two. Commissioner Dunn: Oh, boy. Let me think of the -- Chair Sarnoff He's got one, I think. Commissioner Dunn: I have two? Vice Chair Carollo: Oh, one. Pamela L. Latimore (Assistant City Clerk): You have one, one appointment. Commissioner Dunn: Didn'tI make one before? I never made an appointment on that? Ms. Latimore: I don't have it. City ofMiami Page 91 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: Geez. Give me a second. I'm going to see ifI can think. Chair Sarnoff All right, Commissioner Gort, you have a nomination to the MSEA (Miami Sports & Exhibition Authority) Board. Commissioner Gort: Myself. Chair Sarnoff Oh, I like that. Commissioner Gort is nominating himself. Commissioner Dunn: Oh, I got it. I remember the name now. Commissioner Suarez: I second that. Chair Sarnoff Let's see if he has a name. Commissioner Dunn: Roland Smith. Chair Sarnoff Roland Smith. Vice Chair Carollo: Second. Oh. Chair Sarnoff All right, Commissioner -- we have a motion by Commissioner Suarez, second by the Vice Chair. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. BC.19 10-00554 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Allen Pruitt Chairman Marc Sarnoff Patrick Goggins Chairman Marc Sarnoff Guillermo Revuelta Commissioner Wifredo (Willy) Gort Lazaro Lopez Commissioner Wifredo (Willy) Gort Charles Garavaglia Commissioner Francis Suarez Janice Tarbert Commissioner Francis Suarez Cornelius Shiver Commissioner Richard Dunn II Dr. Ernest Martin Commissioner Richard Dunn II 10-00554 PZAB CCMemo.pdf 10-00554 PZAB Applications.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 92 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0200 Chair Sarnoff All right, gentlemen, we got boards and committees. We absolutely have to do one of these, but you might want to go through them. Let's move to the one we have to do, BZ.19 [sic]. BZ.19 [sic] is PZAB (Planning and Zoning Appeals Board) Board. Has the Mayor submitted his list of nominees? Pamela L. Latimore (Assistant City Clerk): No. I have no submissions from the Mayor. Chair Sarnoff Mr. Manager, I suggest the Mayor get his list down here now. All right, I have two people. I'm going to put Allen Pruitt and Patrick Goggins. The Vice Chair has two people. All right. Pamela L. Latimore (Assistant City Clerk): Chair, can I have those names again, please? Chair Sarnoff Yes, ma'am. Allen Pruitt, Pafrick Goggins. Commissioner Gort. Ms. Latimore: Pafrick -- Chair Sarnoff Goggins, G-O-G-G-I-N-S. Commissioner Gort: Which -- I'm sorry; which item we're on? Chair Sarnoff We're on -- BZ.19 [sic] is the PZAB, so it's -- you could consider your PAB (Planning Advisory Board) or your Zoning Board. Commissioner Dunn: I have one. Chair Sarnoff Commissioner Dunn, you look like you're ready. Commissioner Dunn: Yeah, I'm ready. Neil Shiver and Ernie Martin. Ms. Latimore: Commissioner -- Chair Sarnoff What's the other one? Ms. Latimore: -- Dunn. Commissioner Dunn: Ernie Martin. Ms. Latimore: Ernie -- Commissioner Dunn: Martin. Ms. Latimore: And the other name? Commissioner Dunn: Neil Shiver. Chair Sarnoff All right, Commissioner Suarez. Commissioner Suarez: Charles Gavaglia and Janice Talbert. They're my two remaining PAB and Zoning members, the ones that I reappointed. Ms. Latimore: Commissioner Suarez, may I have those names again, please? City ofMiami Page 93 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: Yes, you may. They're -- just for purpose of clarification, they're -- it's my Zoning appointee that I reappointed and my Planning appointee that I reappointed, but it's Charles Gavaglia -- if I'm pronouncing his last name correctly -- and Janice Talbert. Chair Sarnoff All right. Commissioner Caro --Vice Chair, you ready? Commissioner Gort. Commissioner Gort: Give me -- wait. I got to get the (UNINTELLIGIBLE). Chair Sarnoff Is the Mayor --? Has anybody gotten to the Mayor to find out his names? Orlando Toledo (Director, Building Department): Chair, we're calling upstairs to see if we get the names. Chair Sarnoff Please step up. Are you --? Do you know who it is? Maria J. Chiaro (Deputy City Attorney): Mr. Chair, while you're waiting, I'll just tell you that the first meeting of the Planning and Zoning Appeals Board will take place on June 16. The meetings of this board are the first and third Wednesdays of the month. That's the days that the PAB used to meet. The reason that the first Wednesday of June will not have a meeting is because we need to advertise the items that will be carried over to this new board from the -- both the Planning Advisory Board and the Zoning Board. So that's June 16. That will be the initial meeting of the Planning and Zoning Appeals Board. Chair Sarnoff Anybody else have any filler time they want to use? Anybody want to get up and do any soft shoe? Anybody have a harmonica? There's the Mayor, okay. Mr. Mayor, we're looking for your two appointments to the PZAB. Mayor Tomas Regalado: I have only one name now, butt would send the other name on the 27th in time, but -- because I need to check -- Chair Sarnoff You're right. Mayor Regalado: -- with -- Chair Sarnoff We do have enough time to get a board in. Ms. Chiaro: Yes, you do. And, Mr. Mayor, ifI may, your appointees, not the rest of the -- not the Commission, but your appointees. One needs to be designated as the alternate. Mayor Regalado: As what? Commissioner Gort: Alternate. Ms. Chiaro: You have two appointees, one is the alternate to that board, so you need to designate which -- Mayor Regalado: Right. No. I understand. But my question was whether they would - have had to apply if they are current on Zoning and Planning Board? Ms. Latimore: No. If they are current, they can be reappointed to this new board. An advertisement has gone out for new members, but they don't have to reapply if they're already on the board. Mayor Regalado: If they are current. Okay, that's all. So ifI may, can I do it on the 27th? Can City ofMiami Page 94 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 -- because this -- Chair Sarnoff Yeah. I wasn't aware that we could do that. I thought we had -- I was told we had to put this in place today. Mayor Regalado: Yeah. It's on -- Chair Sarnoff I was just following the Administration's instructions. Mayor Regalado: -- it's in June. Ms. Chiaro: The fist meeting is June 16. Chair Sarnoff All I'm saying is I was told I had to come up with the PZAB tonight. Mayor Regalado: No. And it's right. Chair Sarnoff Okay. Mayor Regalado: You're right, but -- Commissioner Gort: (UNINTELLIGIBLE). Commissioner Dunn: Yeah. Chair Sarnoff All right, so -- here's -- we have what's on the record. Commissioner Gort, you don't know who you're going to appoint? Commissioner Gort: Guillermo Revuelta at this time, and I'll wait for the other one. Chair Sarnoff I know she's going to ask you to repeat that. Commissioner Gort: He's a -- Chair Sarnoff Or he. Commissioner Gort: -- member of the Planning Board, Guillermo Revuelta. He's a member of the Planning Board. Ms. Latimore: He's presently serving? Commissioner Gort: Yes. Chair Sarnoff All right. And Commiss -- and you're going to hold the other one, right? Commissioner Gort: Lazaro Lopez is also a -- Chair Sarnoff Okay. The Vice Chair, do you know --? Vice Chair Carollo: Do we have till next meeting? Chair Sarnoff Yeah, we do. I didn't know that. They had told me we had to appoint today. Vice Chair Carollo: Yes, I will defer, then, to the next meeting. City ofMiami Page 95 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff All right. Vice Chair Carollo: Now I just want to make sure. I want to clarify that, yes, we have till the next meeting in order for to nominate or appoint the new members for them to be members in time for the very first PAZ [sic] meeting, correct? Ms. Chiaro: You have until -- the next meeting you may appoint any currently serving members of the Planning Advisory Board or the Zoning Board. And then you also have the meeting of June 10, if there's someone who you want to appoint who is not currently serving on either of the boards. Vice Chair Carollo: So the bottom line is, we have at least one more meeting? Ms. Chiaro: That's correct. Vice Chair Carollo: I'll defer mines [sic] then. Chair Sarnoff All right. Vice Chair Carollo: Or -- yeah, defer to the next meeting Chair Sarnoff All right. So you have the list of people. Do we have a motion? Motion by -- Commissioner Suarez: So moved. Chair Sarnoff -- Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by Commissioner -- by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. BC.20 10-00357 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II 10-00357 CTAB CCMemo.pdf 10-00357 CTAB Current_Board_Members.pdf CONTINUED Chair Sarnoff Okay, we did BC.19. BC.20, Community Technologically [sic] Advisory Board. You'll defer yours, Vice Chair. Commissioner Suarez. City ofMiami Page 96 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: Defer. Chair Sarnoff Defer. Commissioner Dunn. Commissioner Dunn: I'm going to defer. Chair Sarnoff All right. BC.21 10-00012 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Todd Tragash Chairman Marc David Sarnoff 10-00012 UDRB CCMemo.pdf 10-00012 UDRB 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: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0201 Chair Sarnoff BC.21, the UDRB, Urban Development Review Board. I'll renominate Todd Tragash. Commissioner Carollo's going to defer his. Commissioner Gort. Commissioner Gort: Which one? Chair Sarnoff UDRB. Commissioner Gort: I'll waive it. Chair Sarnoff Waive it -- or we'll defer that. Commissioner Suarez. Commissioner Suarez: Defer. Chair Sarnoff Defer that. Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff Defer. All right, so is there a motion on my nominee? Commissioner Gort: Move it. Commissioner Suarez: So move. Second. Chair Sarnoff Motion -- Commissioner Suarez: Third. City ofMiami Page 97 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff -- by Commissioner Gort, second by the Vice Chair. All in favor, gentlemen, please say "aye." The Commission (Collectively): Aye. BC.22 10-00378 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00378 Virginia Key CCMemo.pdf 10-00378 VKBPT Current_Board_Members.pdf CONTINUED Chair Sarnoff Okay. Virginia Key Trust -- Park Trust, at -large. Does anybody have a name they wish to proffer? All right, we'll defer that. BC.23 -- Gene Tinnie: Excuse me. Chair Sarnoff -- the Waterfront Advisory Board. Mr. Tinnie: Excuse me. I'm sorry, Mr. Chair. I just wanted to -- Gene Tinnie, 80 Northwest 51 st Street, City ofMiami and chair of Virginia Key Beach Park Trust. The -- as you'll recall from the memo you got on April 23 from the Clerk's Office, the at -large appointments, those have to be -- according to the bylaws, the Trust needs to designate somebody and proffer those names to the Commission for approval. Our nominating committee is due to meet, I believe, the last Monday of this month, and so we should have -- we've got at least three names under consideration, so we should have a recommendation for you by the next Commission meeting. Okay. Chair Sarnoff Okay. Thanks for clarifying the record. Mr. Tinnie: Okay. Chair Sarnoff Thanks, Mr. Tinnie. Mr. Tinnie: All right. Chair Sarnoff All right. Yes, sir. Vice Chair Carollo: I have a question with regards to that. I nominated someone for -- Chair Sarnoff For the Virginia Key Trust? Vice Chair Carollo: Right. Chair Sarnoff I think you get a nomination, though. I think this is an at -large. Vice Chair Carollo: For the at -large, it comes from -- City ofMiami Page 98 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff I didn't know that. Mr. Tinnie: Yeah. From the board. We have -- it's a nine -member board, so the --each Commissioner appoints a member. Vice Chair Carollo: Right. Mr. Tinnie: The Mayor has an appointee, and then three are at -large. And then those three, the trustees have to nominate and bring a name before the Commission for approval. Vice Chair Carollo: Gotcha. Mr. Tinnie: Okay. Vice Chair Carollo: Thank you. Mr. Tinnie: Okay. BC.23 10-00209 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ashley Chase Chairman Marc Sarnoff 10-00209 Waterfront CCMemo.pdf 10-00209 Waterfront Current Members.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0202 Chair Sarnoff All right, Waterfront Advisory Board. I happen to have some of those; got to find them. Ashley Chase, and I will defer my other one. And Commissioner Carollo will defer his. Commissioner Suarez, you have -- Commissioner Suarez: Defer. Chair Sarnoff Defer. Commissioner Dunn, you have one. Commissioner Dunn: Defer. Chair Sarnoff All right. Can I get a motion? Commissioner Dunn: So moved. City ofMiami Page 99 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Gort: Second. Chair Sarnoff Motion by Commissioner Dunn, seconded by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. BC.24 09-00538 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Pressley Commissioner Richard Dunn II Eric Thompson Commissioner Richard Dunn II Dennis Jackson II Commissioner Richard Dunn II Marva Lightbourne Commissioner Richard Dunn II Roy Hardemon Commissioner Richard Dunn II Dorothy Bendross-Mindingall City Manager Carlos Migoya 09-00538 Liberty City CCMemo.pdf 09-00538 Liberty Current_Board_Members.pdf 09-00538 LCRT Applications.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0203 Chair Sarnoff Liberty City Community Revitalization Trust. Commissioner Dunn, you have -- Commissioner Dunn: I'm ready. Chair Sarnoff -- five appointments. Commissioner Dunn: Ralph Presley, Eric Thompson, Dennis Jackson, II, Marva [sic] Lightbourne, Roy Hardemon, and I believe the Manager has an appointee. That's it for me. Chair Sarnoff Okay, one, two, three, four, five. Mr. Manager, I know you're ready with yours. Carlos A. Migoya (City Manager): Yes, sir. Chair Sarnoff Yes, sir. You're sitting there diligently. Mr. Migoya: Dorothy Bendross-Mindingall. Chair Sarnoff So you want to pick a no -name or something or someone we don't know? Okay. City ofMiami Page 100 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Migoya: Sorry. Chair Sarnoff That's all right. I just would like to know the people you know. All right, we have a motion on that? Commissioner Dunn: So moved. Vice Chair Carollo: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Dunn: Second. Chair Sarnoff -- second by the Vice Chair. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.25 10-00390 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA CORPORATION, FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pablo Cisneros Commissioner Wifredo (Willy) Gort 10-00390 Bayside CCMemo.pdf 10-00390 Bayside Non City Board.pdf Motion by Vice Chairman Carollo, 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-10-0204 Chair Sarnoff Miami Bayside Foundation, Incorporated. Commissioner Gort, you have a nomination and Commissioner Suarez, you have a nomination. Commissioner Gort: Pablo Perez -Cisneros. Chair Sarnoff Pablo Cisneros. Commissioner Gort: Perez -Cisneros. He's on there already. Chair Sarnoff Okay. And Commissioner Suarez. Commissioner Suarez: Defer. City ofMiami Page 101 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Defer. Can we get a motion? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF BOARDS AND COMMITTEES PART B: PLANNING AND ZONING ITEMS Chair Sarnoff Okay. We are at -- you want to do boards or do you want to jump to P&Z (Planning & Zoning)? Commissioner Dunn: Follow your lead. Chair Sarnoff The only reason I want to jump, I'm expecting the other Commissioners back and they may have some board appointments -- Commissioner Dunn: Okay. Chair Sarnoff -- they want to make. Commissioner Gort: Yeah, let's wait then. Chair Sarnoff Wait on that? Commissioner Dunn: Yes. Commissioner Gort: Those appointments, yeah, let's wait. Chair Sarnoff Yeah. Okay. Commissioner Dunn: Okay. Chair Sarnoff So let's do P&Z.1. I guess you have to open up the PZ --? Pamela L. Latimore (Assistant City Clerk): If there is anyone in chambers who will be testifying on a P&Z item today, will you please stand and raise your right and so that you may be sworn in. Chair Sarnoff Okay. We're not going to do PZ.1. We're going to end up with -- I'm sorry; they're all raising to do that? Ms. Latimore: I'm waiting -- Chair Sarnoff All right, everybody who's going to testify, raise -- stand up and raise your right hand and say I do." You just married the person next to you. The Assistant City Clerk administered oath required under City Code Section 62-1 to those City ofMiami Page 102 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 giving testimony on zoning issues. Chair Sarnoff All right, we're going to start out with PZ .2. Planning and Zoning item number 2. Maria J. Chiaro (Deputy City Attorney): The procedures used for PZ (Planning & Zoning) items will be that staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land -use change, or a MUSP (Major Use Special Permit), make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. The appellant or petitioner will be permitted to make final comments. PZ.1 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 MEDIUM AND HIGH DENSITY MULTI -FAMILY (GENERAL 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 5).pdf 10-00316zt CC SR 05-27-10 Fact Sheet.pdf 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 Medium and High Density Multi -Family (General Urban) zones and 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 Dunn II, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item PZ.1 was deferred to the City Commission meeting currently scheduled for May 27, 2010. City ofMiami Page 103 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff All right, let's go back to PZ.1. Alexander Adams (Planner II, Planning Department): Okay. PZ.1 is an item on second reading. This was coming back to you at the few amendments, as I understand, that Commissioners wanted from the first reading, which was specifically excluding some additional uses that would be allowed under this provision. This is a provision of the historic preservation ordinance that would allow for something now called an exclusion for cultural facilities only in medium- and high -density multifamily zones which relates to the comprehensive -- or the land -use map. This would allow for professional offices, lodging museums, private clubs. Like I said, the language has been revised from the first draft to remove some other uses that were considered to be noncompatible, I guess be the best way to put it. So if you have any questions, be happy to answer them. Commissioner Gort: Mr. Chairman. Chair Sarnoff Go ahead. Commissioner Gort's recognized. Commissioner Gort: What was removed? Mr. Adams: I'm sorry? Commissioner Gort: What was removed? Mr. Adams: What was removed? Commissioner Gort: Yeah. Vicky Garcia -Toledo: Commissioner, could I --? Commissioner Gort: 'Cause it seems like -- but it's the same to me. Chair Sarnoff Same -- it's the same. Mr. Adams: Removed was -- it was taken out single family and duplex, so it was only now in medium- and high -density neighborhoods. And also removed was the item for restaurants, exhibition assemblies, performance, public education, entertainment, retail, and concessions -- retail concessions and retail art supply. So what remains -- maybe that's easier. There's four of them. Rehearsal studio space is -- would be allowed. Gallery space would be allowed. Performance workshop areas would be allowed and classrooms for the arts. Education would be allowed. Commissioner Gort: Thank you. Chair Sarnoff Would that be allowed in R-1 ? Mr. Adams: No, only in medium and high density. Chair Sarnoff What's allowed in R-1 ? Mr. Adams: Nothing under this ordinance. Nothing new under this ordinance. Chair Sarnoff What is presently allowed under R-1 ? Would that be professional offices, lodgings, museums, private clubs? City ofMiami Page 104 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Garcia -Toledo: May I address the Board to answer the questions? Chair Sarnoff Yeah. I just want to hear from staff what they think is allowed -- Mr. Adams: Hold on one second. Chair Sarnoff -- since I hope they drafted this. Mr. Adams: We did, but the Historic Preservation officer is not here today. Chair Sarnoff Oh, you're filling in? Mr. Adams: Yes. Chair Sarnoff Let's see if we could put some real pressure on you then. Mr. Adams: Let me look and be able to get back to you on single family. Chair Sarnoff All right. I'll go to Ms. Toledo. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. Commissioner, this is in historic preservation disfricts only, so it's only allowed in those districts where there is a structure that is already designated historic. There is -- when we came to you last time -- by the way, I'm here on behalf of the Miami Hispanic Ballet, and it's a pro bono matter for a community -based group that I represent. When we came to you last time, Commissioner Gort expressed some concerns about the broad definition. So these uses -- these exceptions to allow these uses in historic structures where [sic] to be permitted, in first reading, in single-family and duplex disfricts. That was tightened up, Commissioner Gort, where it's now only in the equivalent ofR-3 and R-4 or multifamily areas. Further, the definitions of one of the uses, which is the Cultural Art Center, was also tightened up persistent to -- consistent with what Alex had explained to you. Everything that is under lined in this ordinance is additional uses that are being added in order to create the ability of giving more flexibility to the use of historic structures in order to incentivize their maintenance and their upkeep and their designations. Commissioner Gort, you had also asked for standards, and the standards on Chapter 23 are already in existence. They are on page 5 of 7 of what -- of the ordinance, and it's Section 7. So there's already a serious of standards that have to be applied. And all of this is to be done only after public hearing by the Historic and Environmental Preservation Board, and their decisions can be appealed to you. So there's layers of restrictions and controls built into the ordinance. Commissioner Gort: Thank you. Chair Sarnoff So could you answer my question? Ms. Garcia -Toledo: That is -- Chair Sarnoff What is allowed in R-1 ? Ms. Garcia -Toledo: In R-1 ? Chair Sarnoff Yes, ma'am. Vicky Garcia -Toledo: Under historic preservation? Chair Sarnoff Yes, ma'am. City ofMiami Page 105 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Garcia -Toledo: I don't have my Code with me. Ms. Gelabert-Sanchez: I -- Chairman, I believe it's what you stated, just as the Zoning administrator. And I think it's the -- the professional offices. Chair Sarnoff So I can have a professional office if it's in a historic building. I could have a museum with all the people who come into museum if it's in a historic building. I could have a private club, which could be what? I could sell liquor or anything if I'm a private club? Commissioner Gort: Yes. Chair Sarnoff Okay. Then -- and I can have that in an R-1 neighborhood, is that correct, if I'm historic? That would be historically stupid, but -- Ms. Gelabert-Sanchez: That's as it is today, yes. Chair Sarnoff Okay. You answered my questions. All right, anyone else -- Mr. Adams: And -- Chair Sarnoff -- from the -- Mr. Adams: -- the only other one I was going to say is today, bed and breakfast is allowed under the single fam -- Chair Sarnoff In an R-1 ? Mr. Adams: Yeah. Commissioner Gort: In R-1. Chair Sarnoff All right. Mr. Adams: Single family and duplex. Chair Sarnoff Anyone from the public wishing to be heard on PZ.1, please step up. Anyone else? All right, hearing none, seeing none, comes back to the Commission. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. All right, any discussion, gentlemen? You're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you. I have a question. Is the HEP (Historic and Environmental Preservation) Board's decision final or can it come back? Can it be appealed to the Commission? Ms. Garcia -Toledo: Appealable to the Commission. Mr. Adams: It could be appealed. City ofMiami Page 106 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: So, ultimately, the Commission will have final say? Ms. Gelabert-Sanchez: If it's appealed. Vice Chair Carollo: Only if it's appealed? Ms. Gelabert-Sanchez: Only if it's appealed. Chair Sarnoff What's the cost for the appeal? Ms. Gelabert-Sanchez: I would need to check that. I do not know. Chair Sarnoff Four hundred dollars? Ms. Gelabert-Sanchez: I would have to check. I don't know, but can check. Chair Sarnoff Okay. Commissioner Gort. I'm sorry. Commissioner Gort: I don't have a problem with the new changes. I have a problem with the single family. You can use club. I mean, that's in single -- Ms. Gelabert-Sanchez: Excuse me. Commissioner Gort: -- in R-1 or -- Ms. Gelabert-Sanchez: I'm sorry. Five hundred dollars. Chair Sarnoff Five -- Commissioner Gort: Five hundred dollars. Chair Sarnoff Sorry. Commissioner Gort: Single family to have a club, it means an historical site that sits in the middle of this place right next to the river. What's the name? That was just here last week. It's in your district. Commissioner Dunn: (UNINTELLIGIBLE)? Commissioner Gort: No, no. The neighborhood. Commissioner Dunn: Oh, Spring Garden. Commissioner Gort: The Spring Garden. You mean, somebody can go ahead in Spring Garden, buy a home, and go ahead and put a club in there. A club could be just about anything. You can sell liquor. You can get liquor license. You get all kinds of things. I don't think we want to see that type of use in a residential area, in R-1. I don't have any problem with them using the -- a multifamily and so on, but the R-1 club, there's no way I can vote on that one. Chair Sarnoff Yeah. Ms. Garcia -Toledo: Commissioner, the only thing that's in front of you today is the amendments that already -- that are in front of you. I think staff is telling you that those issues are already in existence, so a new amendment would need to be brought back in order to remove those uses. City ofMiami Page 107 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff I'm -- okay. I got lost. Commissioner Suarez: I got lost too. Commissioner Gort: My understanding, what -- Commissioner Suarez: And by the way -- Commissioner, ifI may -- I'm also concerned about private clubs. That's pretty broad. Is there any way that it can be --? I mean, 'cause I think there's a difference between the Boys and Girl Scouts or the Kiwanis Club andAzucar (phonetic), which is very close to a -- one of my dear, dear colleagues family members, so -- Vice Chair Carollo: Mr. Chairman. Commissioner Suarez: -- is there any way --? Go ahead. Chair Sarnoff Yeah, you're recognized. Ms. Garcia -Toledo: Commissioner Gort, I don't have an issue with those uses being excluded, the ones -- additional allowable uses, which include professional offices, lodging, museums, private clubs. Maybe we can just leave the professional offices. The other ones can be removed. Commissioner Dunn: Let's -- Ms. Garcia -Toledo: That's not an issue for me. Commissioner Dunn: -- do it then. Mr. Chair. Ms. Garcia -Toledo: I don't need a private club. Chair Sarnoff Oh, I'm sorry. Commissioner Dunn. Commissioner Dunn: I mean, with those amendments, I'd be willing to change my motion. Chair Sarnoff Well, can we do this? 'Cause, you know, I don't have -- I don't feel like I'm on terra firma here. I mean, I'm hearing well, like, let's take this out right now. I feel like -- let me just be my colleague for a moment. Now you guys are changing the game on me, and I want to know what the game is, and I want to know what I'm voting for. Vice Chair Carollo: Mr. Chairman, it's worst than that. If my two colleagues, which are attorneys, are lost, I know we're in trouble. Chair Sarnoff I really thought I knew what was voting for, and I'm not sure I do. And now I would like to read this in a cogent moment. And so I'm going to ask if somebody would -- a motion to defer this. Commissioner Dunn: So moved. Ms. Garcia -Toledo: Commissioner, ifI may? Vice Chair Carollo: Second. Ms. Garcia -Toledo: Under discussion. One of the reasons why Miami Hispanic Ballet quickly asked for this amendment -- and by the way, this is additional language that Miami Hispanic Ballet did not ask for. The reason was that we are building a new studio. This is the -- what's called normally the "White House" on Southwest 1st Street and 5th Avenue Southwest. It used City ofMiami Page 108 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 to be the NET (Neighborhood Enhancement Team) Office. Miami -Dade County gave a grant to Miami Hispanic Ballet. Miami Hispanic Ballet is the parent company of the City -- of the Miami Cuban Ballet Company, which is the only ballet company we have in our fair city that is a professional company. They're also the parent company for the International Ballet Festival of Miami, which has been in existence for 14 years and brings into this town ballets -- formal ballets -- Chair Sarnoff Okay. Ms. Garcia -Toledo: -- companies from the world. Chair Sarnoff Stop, stop, stop, stop. So this particular spot zone you want to change is in a what neighborhood? Ms. Garcia -Toledo: This is in an R-3 neighborhood. Chair Sarnoff Okay. Vice Chair Carollo: My disfrict. Chair Sarnoff I gotcha. Ms. Garcia -Toledo: It's an existing structure, and we are adding next to it a studio for the company's rehearsal or exercise space, if you will. Chair Sarnoff So couldn't we -- and I'm not speaking for him 'cause I'm going to listen to whatever he says. It's his neighborhood. It's his disfrict. But couldn't we bring this back just on an R-3 basis, allow us to study further what the rest of this says -- I'm not frying to hold anybody up in an R-3 neighborhood. I think you're hearing this board. I mean, I could tell you this, you know, Ms. Toledo, I have had seven meetings in the past one month on private clubs not in historic neighborhood, I'll agree with that, cropping up in private houses, and the people next door come in my office and they look like hell 'cause they haven't slept in two weeks. And it seems like -- I guess it's a species maybe of the -- you know, I don't know what it is. Is it the economy? Is it the environment? But these private clubs are springing up everywhere, and our city does not seem to have the agility or the stick-to-itness [sic] to deal with this. And every one of them is illegal in one way or another. And I'll be taking a meeting next week on another illegal private club. And I'm not about to vote for a private club in anybody's R-1 neighborhood for any reason whatsoever, so what -- Ms. Garcia -Toledo: Commissioner, ifI may. We have issues. And the reasons why we're here today and did not wait for the 27 is because we need to be fully vested under Miami -- under the current zoning code before May 20 in order for this project to be able to go forward. Dade County gave this group the money. Chair Sarnoff So here's whatl do -- here's what I'll do. I'm going to table this. You're going to come up with language which is only going to address your issue. Ms. Garcia -Toledo: Okay. Chair Sarnoff And then you're going to bring it back to us in 15 minutes. Ms. Garcia -Toledo: Absolutely, sir. Chair Sarnoff Is that fair, Commissioners? City ofMiami Page 109 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: That's perfectly fair. Ms. Gelabert-Sanchez: Mr. Chairman, the other thing we -- Chair Sarnoff All right. I don't know if there was a motion and a second. Would the mover please withdraw his motion? Vice Chair Carollo: I still prefer to defer, regardless of what they bring back. That's my preference. Chair Sarnoff It's your disfrict, so I'm not going not to -- Ms. Gelabert-Sanchez: The other thing we could do is -- Ms. Garcia -Toledo: Commissioner, I can't do -- Ms. Gelabert-Sanchez: -- we could remove -- Ms. Garcia -Toledo: -- this project if -- Ms. Gelabert-Sanchez: Chairman, the other thing we could do is just remove -- Commissioner Dunn: Well, I'll probably -- Ms. Gelabert-Sanchez: -- private clubs from this -- Chair Sarnoff Well, I -- Ms. Gelabert-Sanchez: -- amendment, and then whenever we are ready, we can bring it back. That way, if the concern is the private clubs, we just remove it. Chair Sarnoff Look, I'm not -- you know, I looked at -- when Suarez isn't comfortable, Sarnoffs not comfortable because it means two lawyers are up here going I thought it said something else." And I'm not frying to hold her up. It's his disfrict; he'll make the call for her issue. I'm not comfortable with this as stated. How you wish to proceed, your pleasure, gentlemen. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: This is the first that I've heard of this urgency. I don't know if he's the executive director or so forth; came to see me. And I spoke to him not too long ago. He made no mention of this urgency. So now coming to the dais and for the first time I hear of this urgency, I tell you what, no, I don't see the urgency now. Ms. Garcia -Toledo: Commissioner. Vice Chair Carollo: So we're -- you know, as far as from what I see, I think we should defer and -- until we get everything straightened out and see what exactly we have. Commissioner Dunn: Mr. Chairman. Is that a motion? Vice Chair Carollo: I believe there's a motion on floor for a deferral. Commissioner Dunn: And I -- City ofMiami Page 110 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Pamela L. Latimore (Assistant City Clerk): The motion is Dunn/Carollo to defer. Commissioner Dunn: Okay. I have to -- Chair Sarnoff Is that a second? Commissioner Dunn: -- follow the lead of the district Commissioner. Chair Sarnoff Is that a second? Commissioner Dunn: Yes, it is. Chair Sarnoff All right. So we have a motion to defer and a second. Ms. Latimore: Need a date. Chair Sarnoff Your call. Ms. Garcia -Toledo: Can we come back later today? Is that a possibility? Vice Chair Carollo: I'd rather just defer, Ms. Toledo. Ms. Garcia -Toledo: Commissioner, we won't be able to proceed with the project after the 20th ofMay. And the reason that Mr. Pedro Pablo -Pena did not speak to you about it is because he's a ballet director and a dancer. He really doesn't understand these issues. We have proceeded. We were delayed because of the tie vote last time. We have gone to the HEP Board. The project has been approved by the HEP Board, conditioned on the second reading. You're hearing your professional staff being willing to remove those uses that give you discomfort. You know, certainly, if lodging, museums, private clubs give you discomfort, we can remove them and proceed without them. They were not our language to begin with. Our only concern was the Cultural Art Center and the professional offices because they will have their offices of the ballet in that building. Vice Chair Carollo: Ms. Toledo, I don't feel comfortable voting for this -- Ms. Garcia -Toledo: Okay. Vice Chair Carollo: -- especially when two of my colleagues, which are both attorneys -- and I have a high respect for both of them -- you know, they're even somewhat confused, and I don't want to put words into their mouth. But I think a quote was I'm -- I don't understand it now." So in all fairness -- and I'm telling you, I'm not comfortable with this either. The person had the opportunity and maybe, you know, he should have brought you along or so forth. I don't know. The bottom line is I'm uncomfortable voting for this now. And even tabling 15 minutes, so then I'm going to get a crash course on what needs to be done and so forth and -- I don't think it's fair to me. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I don't want to be misinterpreted. I didn't understand what private clubs meant. In other words, I thought that maybe there was some definition of what a private club was and I wanted some distinction for myself in terms of voting on it on whether it was a kind of private club that is the Kiwanis or whether it was some other kind of club. And I think that was City ofMiami Page 111 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 the main concern that was being voiced here is -- you know, by Commissioner Gort, by the Chairman, and by myself as well. And I think we know which one I'm worried about. Butl think what Hs. Toledo is saying is for vesting purposes, the only way that this can go forward is if we allow her maybe to come back with language that would be palatable for us. I mean, it's the only -- I mean, I know it's your district. I respect your, you know, will. It's your district. I'm just saying that, you know, this is -- I know you know about the organization, you know. Vice Chair Carollo: Commissioner, the only thing I say is, so if it's such a big urgency, the first time I hear about it is now on the dais at 5:37 in the afternoon? That's the first hear of this urgency. I mean -- Ms. Garcia -Toledo: May address that? Commissioner -- Vice Chair Carollo: I'm not chairing the meeting. The Chairman -- Chair Sarnoff Well, I want to do -- look, I don't know how the rest of you guys feel, butt respect the Commissioner of the district. It's his call to make. And if he's not comfortable -- there's a motion. There's a second. He made the motion. There's a second. Do you understand what you're doing? I think you do. Vice Chair Carollo: The question. Chair Sarnoff All right, let's call the question. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Latimore: I still need a date specific. Vice Chair Carollo: Next regular meeting. This is technically a regular meeting. Even though we're doing the PZ part, but it is a regular meeting, correct? Ms. Garcia -Toledo: Right. Ms. Latimore: Correct. Ms. Garcia -Toledo: We can come back -- Vice Chair Carollo: Next regular meeting. Ms. Garcia -Toledo: -- on 27th. Can we come back on the 27th ofMay for the PZ meeting? Vice Chair Carollo: When is the next regular meeting? Commissioner Gort: Twenty-seventh. Ms. Latimore: June 10. Vice Chair Carollo: June 10? You're saying that on the 27th --? Ms. Garcia -Toledo: Twenty-seventh, you have a Planning & Zoning. I think it's the 27th, right? Ms. Latimore: Planning & Zoning on the 27th. Vice Chair Carollo: What makes a difference? It seems from what you have told me that -- City ofMiami Page 112 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Garcia -Toledo: I don't think it will, butt would like -- if it does, and if we can find any way around this, I would like to do so and bring it back. I don't know -- Vice Chair Carollo: We'll do the 27th. Ms. Garcia -Toledo: -- of anything right now, Commissioner. Vice Chair Carollo: We'll do the 27th. Somehow, I believe you'll find a way to -- Ms. Garcia -Toledo: I'll work with staff to find a way. Vice Chair Carollo: I'm sure you'll find a way. Ms. Garcia -Toledo: Thank you. Vice Chair Carollo: It always works out somehow. Ms. Garcia -Toledo: Thank you. PZ.2 10-00374zt 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 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 05-13-10 Legislation (Version 2).pdf 10-00374zt CC SR 05-13-10 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 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 Gort, seconded by Commissioner Dunn II, 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 13173 Chair Sarnoff You're recognized for the record. Ana Gelabert-Sanchez: Ana Gelabert, Planning Director. PZ.2 is second reading, and it's the amendment to the Miami 21 Code that modify the measurement of stories and mezzanines on the City ofMiami Page 113 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 D1. You may recall, it's the one that would have the flexibility that you will not exceed the height, but you will be able to exceed the 14 feet limitation on stories. And also on mezzanines, instead of limiting it to 33 percent, now they will be able to go to 50 percent. And it's second reading. Commissioner Gort: Okay. Chair Sarnoff All right. Let me open it up to the public hearing [sic]. Anybody wishing to be heard on PZ.2, please step up to the podium. Ms. Gelabert-Sanchez: I apologize. Chair Sarnoff As amended? As modi -- Ms. Gelabert-Sanchez: As amended, yeah, because I'm told apparently there's a typo on added language that we will fix. Chair Sarnoff Okay. Ms. Gelabert-Sanchez: Thank you. Chair Sarnoff Nothing substantive? Ms. Gelabert-Sanchez: No. Chair Sarnoff All right. Anybody from the public wishing to be herd on PZ.2, please step up. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Gentlemen, is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. 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. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passes on second reading, 4-0. PZ.3 09-01344zt ORDINANCE Second Reading (4/5THS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CITY OF MIAMI CODE, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH ESTABLISHES 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. City ofMiami Page 114 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 09-01344zt CC Legislation (Version 5).pdf 09-01344zt CC SR 05-13-10 Fact Sheet.pdf 09-01344zt-Legislation-SUB (Version 6).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, creating a new Article I "Tree Protection In General", amending and clarifying certain sections in Article II entitled "Environmental Preservation Districts". Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo 13174 Chair Sarnoff All right, PZ.3. Enrique Nunez (Chief of Urban Design, Planning Department): Good afternoon, Mr. Chairman, members of the Commission. We're distributing copies of the ordinance that you have before you. There was a technical glitch in the printing that didn't make the charts -- three charts that are in -- Chair Sarnoff This better be a typo. Mr. Nunez: It's just the charts were jumbled in Legistar. But it's precisely the same ordinance you have. Ana Gelabert-Sanchez (Director, Planning Department): It's the same -- Chair Sarnoff There's no substantive change? Ms. Gelabert-Sanchez: No. There's actually no change. Chair Sarnoff Okay. Ms. Gelabert-Sanchez: What happens is that it's fruly technical. The numbers, because of the chart, didn't -- technically, it kind of jumbled them up. So what this is it's just -- what is -- exactly same information that you had before. No changes. Chair Sarnoff Okay. All right, so this is PZ.3, ladies and gentlemen. I'm opening up a public hearing. This is environmental preservation. It is new Article I, Tree Protection in General. Is there anyone from the public wishing to be heard on PZ.3? Mr. Nunez: IfI may introduce the --? City ofMiami Page 115 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Oh, I thought you did. I'm sorry. Mr. Nunez: No. I -- we just distributed the copies. This is a second reading amending Chapter 17 of the City Code, amended, entitled "Environmental Preservation." City staff work closely with landscape industry professionals for some time. It's headed by the office of Commissioner Sarnoff, his staff and office, in incorporating the amendments that are part of this ordinance before you. Now at this point, if you have questions. Chair Sarnoff All right, let me open it up to the public hearing. Is there anybody -- Victoria Mendez (Assistant City Attorney): Chairman Sarnoff. Chair Sarnoff Yes, ma'am. Ms. Mendez: I can quickly say, in addition to the tables, the -- there were two changes. They are very slight, though. And just listen to me and don't get upset. It's very easy. With reference to -- on page 3, in the definition section where it talks about environmental preservation disfricts, we added one sentence that said the City's environmental preservation disfricts are designated in an atlas kept on file with the Department of Planning. Chair Sarnoff Okay. What other changes? Ms. Mendez: And then on -- in Sections 17-10 and 17-45, that both talk about fines, we added the language -- when it talks about the fines being $1, 000 or $5, 000, we added up to $1, 000 or up to $5,000. Chair Sarnoff All right. What else? Ms. Mendez: And the last thing in that same section, we removed the sentence that says a City resident with proof of current residency and homestead status shall be fined $500 for the first violation. The reason why we removed that sentence is because now since the special master of the Code Enforcement Board has the discretion to go up to $1, 000 per day, per violation, or up to $5, 000 per day, per violation for repeat violation, that wasn't necessary because the resident can give whatever information they want to give about their status and then the special master can take that into account. Chair Sarnoff You guys spell check this thing? Ms. Mendez: With reference to spell check -- Chair Sarnoff I mean, I'm looking -- Ms. Mendez: Yes. Chair Sarnoff -- I found three type -- I found three spell checks just looking at it. Ms. Mendez: With reference to spell check, I will tell you compatible system. So when we drop things into Legistar, words. that the Legistar system is not a Word unfortunately, sometimes it'll eat the Chair Sarnoff Okay. Ms. Mendez: So that's why sometimes that happens. And that is it. Chair Sarnoff You know what, I think you'll be hearing -- City ofMiami Page 116 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: And I just built my confidence up. Chair Sarnoff I was going to say, I think you'll be hearing from somebody very shortly. All right, let's keep it on track. He's going to say what he's going to say. I'll give you an umbrella 'cause the fan's coming. Anyone from the public wishing to be heard on PZ.3? I'm actually going to give him a Valium, so don't worry. Anybody from the public wishing to be heard on PZ.3, please step up. Seeing none, hearing none, coming back to the Commission. Is there a motion? Commissioner Suarez: I'll move it with discussion, Mr. Chairman, ifI may. Chair Sarnoff All right. Motion by Commissioner Suarez, second by the Vice Chair -- Vice Chair Carollo: With the -- Chair Sarnoff -- with ample discussion. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yes, sir. You're recognized for the record. Commissioner Suarez: I have a couple of questions, Mr. Chairman. One is if there's an applicant -- I'm just going to go through a couple of scenarios, and I'd like to hear a response on them. If an applicant seeks a free -- a removal permit and Code Enforcement denies that permit, they can appeal that decision to the HEP (Historic and Environmental Preservation) Board. It's going to cost $315 to appeal it, correct? Unidentified Speaker: Right. Commissioner Suarez: Right. Ms. Mendez: Correct. And that's on page 12 of 29 if -- Commissioner Suarez: Okay. Then if the applicant is then again denied by the HEP Board, they can appeal their decision to the City Commission, and that is an additional fee of $500, plus $3.50 per mailed notice to the adjacent owners within a 500 foot radius, which could be God knows how much money. Ms. Mendez: You're again correct on the same page. Commissioner Suarez: Okay. Then if neighbors -- homeowner associations and nonprofit corporation also have the right to appeal, but are not required to pay any fee. Ms. Mendez: Yes. Commissioner Suarez: Is that correct? Okay. Ms. Mendez: Yes. Commissioner Suarez: And my first question is, is it legal to waive the fee for everyone except the applicant -- Ms. Mendez: Okay. City ofMiami Page 117 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: -- from an equal protection perspective? Ms. Mendez: Yes. On -- with reference to equal protection for the -- and, again, this is under the guise of preservation of the free canopy. So usually when a neighbor appeals or a homeowners association or a tree organization, it's to protect, in essence, the canopy. Usually, when the applicant is appealing, it's because they're appealing the denial of their -- Commissioner Suarez: Right to remove. Ms. Mendez: -- being able to remove -- Commissioner Suarez: Right. Ms. Mendez: -- the -- So from an equal protection perspective, definitely on the homeowners associations, on the -- and on the free organizations, there's case law that supports that that is definitely, with reference to equal protection, that is okay. On the -- on neighboring or abutting neighbor, the case law isn't exactly on point, but it's still defensible. But it's also been a policy perspective on behalf of this Commission, which can be easily changed with reference to a neighbor, and then -- but still, you know, held up with reference to the organizations because they're trying to protect the tree canopy, so -- Commissioner Suarez: Thank you. Chair Sarnoff Must be your friend. Commissioner Suarez: That's a good answer. My second question is -- and by the way, I'm completely in favor of the public policy of protection our tree canopy. I was involved in Arbor Day and we planted a hundred trees, and so I don't want to do anything necessarily to weaken the statute -- the ordinance. I just make to sure that it's going to stand up to any kind of a challenge. My second question is, if the applicant wins on appeal at any level, whether it be at the, you know, HEP Board level or at the Commission level -- Commissioner Gort: IT (Information Technology), where are you? Commissioner Suarez: My question is, if the applicant -- Chair Sarnoff This has been (UNINTELLIGIBLE) -- this has been this kind of Commission meeting -- Commissioner Suarez: Yeah. Chair Sarnoff -- you know that, all day. Commissioner Suarez: It has today. My question is, if -- I apologize to everybody in the audience. -- the applicant wins on appeal at any level, whether it be the HEP Board level or the City Commission level, are reimbursed their appeal fees? Ms. Mendez: No. Commissioner Suarez: So if they're -- basically make a successful argument that they should have been granted an appeal -- that they should have been granted a permit and they spend all this money and they ultimately prevail, they don't get reimbursed? Ms. Mendez: It's not any different than when you and I have gone to court and have to pay costs and we win five years later after expending a lot of costs. I mean, if you're entitled to attorney's City ofMiami Page 118 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 fees, great, but there might be costs that you don't get back. It's the same idea. But again, that is something that this Commission can change or maybe it could be a policy decision that everybody pays the fees and who -- if you're a prevailing party, you can get back the fees. Commissioner Suarez: I mean, 'cause -- I mean, if somebody's [sic], you know, has a legitimate right to cut a free and -- by the ordinance, and they are being denied that right and they have to pay, you know, close to $1, 000, depending on how many people they have to mail it to, maybe over $1, 000 to validate their right, I mean, it would seem to me that the only fair thing would be to return that money back to the person if it's [sic], in fact, turns out that that person properly, you know, had a right to cut the free. Ms. Mendez: And you do make a valid point. The only thing is that along the way, whether it be the HEP Board that has to hear the appeal or the City Commission, there are costs associated with the going through the appellate process and giving the appellant their due process, so -- but again, it's a policy decision. If you would like to have everyone pay for the fines and then certain -- whoever the winner is at the time can -- I mean, not the fines -- for cost of the appeal, and then it could be given back or a percentage could be given back, but that could be worked into the ordinance, if that is something that this Commission would like. Commissioner Suarez: Okay. And my last question is, if a resident inadvertently violates the ordinance by removing a tree without a permit and retroactively obtains a permit -- because I think that's contemplated in the ordinance -- then is that resident subject to any fine or other penalty? Ms. Mendez: When -- okay. If you get a tree removal permit -- Commissioner Suarez: Right. After the fact. Ms. Mendez: -- on time -- oh, after the fact. Commissioner Suarez: Yeah. Ms. Mendez: If you get it after the fact, ifyou look at the chart, what's contemplated with an after -the -fact permit, pretty much is double of everything. Commissioner Suarez: What do you mean? Ms. Mendez: If you -- when -- like for the tree replacement -- and let's get -- ifyou go to page 13, the best way is to look at the chart while we're doing it. Let's say that you have a two- to three-inch diameter -- Commissioner Suarez: Right. Ms. Mendez: -- tree that was removed. If you removed it without a permit, you're going to have to give back two trees that are 12 feet high or two inches in diameter each. But let's say that you did it properly and you did it with a permit, the mitigation chart is half of that so you would only have to replace it with one free. So usually, if you do something without a permit, it's double. Whether it be -- whatever you are going to replace it with is double the amount, so that's why you should always do it with a permit. Commissioner Suarez: No. I get the fact that we want to encourage people to do it with a permit. What I think I'm a little confused about is maybe there could be a -- three steps. In other words, if you don't have a permit, okay, and we discover that you've cut a tree down without a permit, then you have, you know, three times the ramifications. But if you're frying to -- in essence, ifyou don't know the ordinance exists or you do it accidentally and then you -- and City ofMiami Page 119 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 someone brings it to your attention and says, look, you know, you accidentally cut this tree down and you need to get a permit. And you back to the City and say I made a mistake. You know, I cut this tree without a permit. I'd like to get a permit retroactively. Is there --? You know, I think that kind of a person is obviously someone who wants to do it right. Just for whatever reason, they either -- because through ignorance or whatever -- I know ignorance of the law is not a defense, but you know, that's another question that had. Ms. Mendez: The other issue is -- for instance, in your scenario, what happens is a person removes a free without a permit, they're going to receive a ticket. At that time they appeal that ticket. When they go before the special master -- Chair Sarnoff That's not my scenario. Ms. Mendez: Well, this is -- the reason why I'm telling you it's -- more or less, what happens is they're not going to get fines daily. They're only going to get a ticket in between the time -- it's almost built into the process. Because between the time that they cut a free and they're actually taken to the Code Enforcement Board, it might take a month or two, maybe three, and they'll be able to at that time get -- you know, come into compliance without incurring in addition -- Commissioner Suarez: The daily fine? Ms. Mendez: -- the daily fines. But maybe what you're asking for, and I understand, is maybe even another -- a hybrid process where they get a little more either time or less -- penalized less on the tree mitigation part or the tree replacement part, because there's two components to this ordinance, and it was very well thought out when Chairman Sarnoff was not even on the Commission. And basically, you have your fines part if you don't do what you're supposed to do. You have your tree replacement part -- Commissioner Suarez: Right. Ms. Mendez: -- and you have the due process that's given at the ticketing part of it, and then, if you don't do anything, still the Code Enforcement side of it. So there's a lot of mechanisms that are built in to not totally penalize you from the onset if you do make the mistake because you're still given the opportunity to get an appeal with a special master. Then, if you don't do what you're supposed to do, you still go before the Code Enforcement Board. They give you time before the fines kick in -- Commissioner Suarez: Okay. Ms. Mendez: -- and you're able to do the free replacement portion of it. So there's a few -- there's a lot of steps built in, but maybe if there's more that needs to be done -- Commissioner Suarez: No. I think you've explained it. Thank you. You've done a great job explaining it. I appreciate it. Mr. Nunez: And as -- and ifI may add, as an added incentive for homestead residents, if you do obtain your free remove permit and allowed to remove a certain tree within your property, the replacement would be on a one-to-one ratio as opposed of what's depicted within the chart, which could have been many more frees. Chair Sarnoff I remember that (UNINTELLIGIBLE). Mr. Nunez: So we're providing relief for the homestead resident and the lots with that in mind. Commissioner Suarez: Mr. Chairman, ifI may? City ofMiami Page 120 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Yeah, go ahead. Commissioner Suarez: Yeah. I think, in conjunction with what we're doing in the City in frying to grow our tree canopy, in conjunction with Arbor Day that we had last month -- we were able to plant a 100 trees -- and in conjunction with the fact that today we were able to move some trees into a good Commissioner's disfrict, I think we should publicize this so that people understand -- I think this -- part of it is a public relations campaign. You know, maybe we should do a press release that says this is the law: If you're going to cut any free, you're going to have to get a permit. Otherwise, this is what can happen. These are the ramifications. It's part ofArbor Day. It's part of maintaining our tree canopy, you know. Ms. Mendez: Definitely. And just so that you know, this ordinance, in itself has been relaxed considerably from when it started because before, you needed -- if you were going to cut the tree or trim the free more than 25 percent, automatically you needed a tree permit. Now, if you cut or trim in accordance to ANSI (American National Standards Institute) standards, which is the book that all arborists and all horticulturalists rely on, if you're able to frim to that way, you're not going to need a permit. So you just need to follow rules and do the right thing and you won't even need a permit to begin with. So we're talking about green items, Commissioner. Chair Sarnoff All right. Commissioner -- Ms. Mendez: This is what you want, greenery in your area. Chair Sarnoff -- Gort. Commissioner Suarez: I certainly do. Chair Sarnoff Commissioner Gort. Commissioner Gort: Listen -- Commissioner Suarez: That's particularly all my -- sorry. I'm sorry, Chairman. Commissioner Gort: -- I am looking forward to putting more frees in my disfrict, and I think it's very important. But at the same time, I think there's a lot of ignorance in our neighborhood. Right now you have people telling you hurricane's going to be here within a month and you got to cut your trees. And now trimming, a lot of people are not aware what's 50 percent and what's 25 percent. In my district, I can tell you, a lot of the people would not understand half of what -- the information, where they're going to get the information. Somehow, we have to get that information out to the public. I can tell you right now, you do a survey, and I will tell you that 80 percent of the people do not -- are not aware that they have to pull a permit to cut it or to trim it. Chair Sarnoff You don't -- Commissioner Gort: And that's the problem that we have. And you got the hurricane season coming up. People are going to be looking at their backyard and they're going to have to cut the trees. Now my question is, when the State started cutting the trees, do we ask them for permit? Ms. Mendez: That has been the battle of the century when it comes to whether it's the State or the County. We have worked and told the State and we even told the Federal Government that if they ever come cutting down trees in our area, we will take them to court. We can't lien them. We can't really tell them that they can't do it, but we can enjoin them. And the last time they did City ofMiami Page 121 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 something inappropriate, we fined them. And it's been a few years and they haven't come to do anything inappropriate. We've worked with them, and I think they know that if they come into the City ofMiami based on these -- this ordinance, they work with us. Even the School Board comes and works with the City when it's planning to do things with trees. So I think we've sent a message out to the State, to the County, and to the Feds even with reference to our trees and the way we want to protect our tree canopy. But with reference to your main item about the ignorance on the free ordinance, what can be done through the Tree Trust Fund and through Arbor Day and things of that nature, when the trees or any of the Commission districts go out and do treat plantings, we can give brochures. Things can be done of that nature because there are funds in the Tree Trust Fund that earmarked for education, for plantings, for awareness. And I think that it's something that just through education, it could be remedied. Commissioner Gort: Mr. Chairman. Chair Sarnoff Go ahead. Commissioner Gort: I think our NET office -- do they have permits in there where they can pick up at the NET office? Mr. Nunez: And through Code Enforcement Department. Commissioner Gort: Code Enforcement Department. But somehow the NET office should have those to make it easy for the people go and pick them up over there and -- Ms. Mendez: I think -- and -- if Sergio is around -- Commissioner Gort: Permits for $100. Ms. Mendez: I think that part of the -- Chair Sarnoff What's that? Ms. Mendez: -- applications can be picked up through NET. Commissioner Gort: Just for $100. Ms. Mendez: I know that Code Enforcement -- Mr. Nunez: Yes, you can pick up applications even in our Building Department, Building Department, NET offices, and Code Enforcement. Commissioner Gort: And the cost of the permit is? Ms. Mendez: The cost of the permit, I think it's like $65? Sixty-five dollars total for the first six trees. Commissioner Gort: Okay. Ms. Mendez: So I mean, it's not an expensive process at all. It was more to save the canopy. Commissioner Gort: We also have a list of all the condominiums that exist, that they have green areas and all that. I think the -- they should be informed that when they take care of the frees, they got to pull a permit. Mr. Nunez: Absolutely. City ofMiami Page 122 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Gort: Because we've had problem with that in the past. People are being fined thousands of dollars 'cause they were not aware of it. And people are going to start cutting and doing their trimming in this next month. Chair Sarnoff All right. Anyone else? Commissioner Carollo. Vice Chair Carollo: Mr. Chairman, thank you. I'd like to start by saying that I believe all of my colleagues know that when it comes to free, especially in District 3, no one can deny that I have fought hard and long to make sure that I have tree canopy in District 3 and that we make it more green. With that said, what some of you may not know is that long before I even had an election or even ran for this seat, two, three, even four years beforehand, I did free plantings with Shenandoah Homeowners Association, with Tree-mendous Miami. And as a matter of fact, the majority of the frees weren't in District 3 that I planted with them. It was in District 4. So by no means am I against greenery and tree canopy and so forth. However -- and now I ask you to bear with me, just like I beared [sic] with you all when you brought up the new substitution or however you want to call it, 'cause I have some questions. And I have some questions because a few years back, we lost a very good appointee to the Code Enforcement. And when I asked him why he resigned, this was one of the reasons. So now I want to bring it up and get some answers. If someone, any resident from the City ofMiami, wishes to remove any tree whatsoever from their yard, do they need a permit? Mr. Nunez: Yes. They need a free removal permit, which lists the species of trees to be removed. And the reason for that is to make sure that the native trees and the canopy frees that we want to protect are indeed protected. They would be allowed at -- to remove prohibited species, hazardous trees, diseased frees, or even dead trees without the need to replace, you know, with new trees for those prohibited, hazardous, or dead trees. But it is very important to be able to, as part of the free removal permit application, to list those trees to be removed even if they are prohibited, native, hazardous, or even dead. It's in an effort to protect our canopy, those that we want to save. Vice Chair Carollo: And, again, bear with me 'cause now I'm going to start breaking this down. Mr. Nunez: Okay. Vice Chair Carollo: Now that permit, is there a cost to it? Mr. Nunez: Yes. As I understand, they mentioned it's like 60 -- Ms. Mendez: Sixty-five dollars. Mr. Nunez: Yes. Ms. Mendez: And it's page 6, 17.4.1 that tells you when you need a permit, when it's required. Vice Chair Carollo: I mean, I -- without getting into too much details [sic], right off the bat, I can't support that. It's for my district. I mean, my -- if my district knew about this, I think, forget filling up this chambers, they'd be outside screaming. I mean, to -- Ms. Mendez: This is the same fine -- I just -- and we should have started off with the main thing about this. Right now in the zoning ordinance, in section 8.1, is the free protection ordinance. That ordinance, 95 percent -- or 90 percent of that ordinance is this ordinance. We're just moving itfrom zoning ordinance 11000, which will be repealed on May 20. We're moving that to the City code and putting it in Chapter 17. This is not any different -- I mean, this isn't a new ordinance that's being created out of -- I mean, this is what's presently pretty much there now. City ofMiami Page 123 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: I understand. I understand exactly what you're saying. However, two wrongs don't make a right. I can tell you, 95 -- I could tell you, 98 percent of my district doesn't know about this. I could tell you -- I could easily say 98 percent of my district does not know about this. And as a matter of fact, like I said before, we lost a very good Code Enforcement appointee because of this ordinance. Because he just couldn't vote to fine someone that had planted trees in front of his house 20 years ago and now, when they're all overgrown and they're in the way and so forth, you all wouldn't allow him to remove it, and fined him. He said, "Frank, I didn't have the heart." And he quit. Mr. Nunez: Yeah. Vice Chair Carollo: And with that said, you know, -- and like I said, I didn't want to get into too many details 'cause from all aspects -- I mean, there are people in -- and residents, constituents in my district that may not be able to afford these $65 per tree. I mean, even with the ficuses. I mean, ficuses now -- realistically, with the Whitefly, whatever, some of those trees look like death, and if you mean to tell me that they need to pay $65 per tree or per permit to remove that, I mean, that -- I couldn't support it. Mr. Nunez: Commissioner, the reason for the free removal permit application is to make sure that they indeed were removing the ficus with the Whitefly rather than the live oak or the gumbo limbo or the protected native species that we want to save. Commissioner Suarez: But -- Mr. Chairman, may I? The -- I don't -- not so sure that the ficus would qualify as a tree that would need to be cut under this ordinance. Mr. Nunez: It -- the ficus benjamina in this -- within the City ofMiami is within the prohibited species list, which would be allowed to be removed without the need for tree replacement. Commissioner Suarez: I see. So it would -- but -- Mr. Nunez: You could remove it -- Commissioner Suarez: I'm not even sure it would need a permit because it says here that a tree is any self-supporting woody plant or palm -- Mr. Nunez: Yeah. Commissioner Suarez: -- which usually has a single main access or trunk with a minimum trunk diameter at breast height of two inches. I don't think a -- I don't think at any point does a ficus have two inches in diameter. Mr. Nunez: Well -- Commissioner Suarez: And then an overall height -- a minimum overall height of 12 feet. Mr. Nunez: Yes. Commissioner Suarez: So -- Mr. Nunez: I think the issue really at hand is regarding the policies for permit fees. I don't think that the issue is too much not wanting to protect our free canopy -- Commissioner Suarez: In fact, this says -- City ofMiami Page 124 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Nunez: -- or protecting trees Commissioner Suarez: In fact -- I'm sorry to interrupt you. Mr. Nunez: Yes. Commissioner Suarez: But if the Chairman would allow me, I just want to read the rest of that paragraph. That paragraph says this definition excludes plants which are defined as shrubs -- Mr. Nunez: Right. Commissioner Suarez: -- hedges -- I would think that that's a hedge. Mr. Nunez: That's a -- that is a hedge. Commissioner Suarez: -- vines or ground covers. So it's not a tree that needs to be permitted for removal. The -- Mr. Nunez: Those can be removed or trimmed. Hedges -- Commissioner Suarez: Without -- Mr. Nunez: and vines -- Commissioner Suarez: -- without -- Mr. Nunez: -- and shrubs -- Commissioner Suarez: -- a permit. Mr. Nunez: Without a permit, yes. Commissioner Suarez: And I think it's important because you asked a question -- I mean, the Chairman -- the Vice Chairman asked a question at the beginning, which was does every tree need a permit to be removed, and the answer is no. Vice Chair Carollo: Well, the answer that was given to me was yes. Commissioner Suarez: Right. And the answer is no. Mr. Nunez: Yeah. Commissioner Suarez: Because if you look at the statute that said -- it defines a tree -- Mr. Nunez: Yeah. Commissioner Suarez: -- as anything that is above 12 feet minimum and has a minimum diameter of 12 inches, so if it's less than -- I guess it's kind of technically, from a legal perspective -- Mr. Nunez: Yeah. It's the definition. Commissioner Suarez: Yeah. Mr. Nunez: Within the definitions, it fries to -- City ofMiami Page 125 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: Right. Mr. Nunez: -- make the distinctions. Commissioner Suarez: Right. In other words, if it's a smaller tree that's not a stick and it's not as tall, then it can be removed without a permit. Mr. Nunez: Of course. Commissioner Suarez: And if it's an invasive species, like Australian pine, you need a permit, but you don't need to plant another free. Mr. Nunez: You don't need to have replacement frees to mitigate the loss of that free. Commissioner Suarez: Got it. Vice Chair Carollo: Okay. Now, I was thinking looking at 17.41, Permit When Required. A tree removal permit shall be required for the removal or relocation of any tree within the City, unless exempted by 17.11. And I went back to 17.11 and the back and forth and so forth. I see what you're saying, but even when I asked the Administration, I mean, they outright said, yes, you will need a permit. So there's still some con -- Ms. Mendez: Based on the definition. Everything was based on the definition in our ordinance. So if it is the height and diameter and shape as described here, it'll require a permit for removal. If it is not, if it's shaped like a little hedge and it's used as a hedge, if it's not the height or the diameter at breast height that it's supposed to be, then it will not. But that's why it depends on the definition. Sergio Guadix (Chief of Code Enforcement): Mr. Chairman, may I address the Commission? Chair Sarnoff Yeah. Mr. Guadix: Sergio Guadix, with Code Enforcement, director. The little bit of confusion that I see that's going on in here is when mentioned the word, specifically a ficus. A ficus could be a hedge, but it can be a tree. Chair Sarnoff Right. Mr. Guadix: You could grow a ficus to be just a hedge, and that's what -- you see a lot of ficus hedges, but you see many ficuses -- you see them right on Coral Way, beautiful -- those are ficus trees. They're a different type officus, but they're in that same family. So that's where the confusion comes in. If it gets grown as a tree, it's going to be considered a tree. If it gets grown as a hedge, then it will be hedge and it does not require a permit. Vice Chair Carollo: And every free that is wished to be either relocated or removed does require a permit and it's a $65 fee for that permit? Mr. Nunez: The relocat -- the tree removal permit, including relocations, would require the permit to indeed show that you are relocating a tree from one spot to another within your property, but you do not need -- obviously, a relocation is a wash. A relocation does not require replacement or, you know, new trees. Vice Chair Carollo: Yeah. We're looking at it from two different perspectives. You're looking at it, if they remove move a tree, do they need to replant another one. They need to replant two. City ofMiami Page 126 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Nunez: Right. Vice Chair Carollo: Maybe for more tree canopy [sic] in maybe -- you know, in the City of right-of-way, I would agree with you or so forth, but I'm talking about in people's residence, in people's homes. Mr. Nunez: Right. Vice Chair Carollo: I mean, to remove a tree that's overgrown or has gotten in the way or so forth, you know, you're going to charge them. Is there any type of waiver for someone that is low income or --? Mr. Nunez: I guess the Commission can study a policy for homestead residents or lots for conditions like that to be able -- in order to adjust permit fees. That's -- I guess that's more of a policy decision, other than the mechanics of this ordinance. Vice Chair Carollo: Well, unless we do something like that, right now I cannot support this. Mr. Nunez: As you understand, this tree protection ordinance has been in place since December of 2004. Vice Chair Carollo: I understand. But there's a reason why it's coming before us again. Mr. Nunez: It's coming before you because the tree protection ordinance from the zoning ordinance is being brought into the City code -- Ms. Mendez: Right. That's -- Mr. Nunez: -- as part of Chapter 17. Ms. Mendez: -- why it's here before you because since zoning ordinance 11000 is getting repealed, we're taking the opportunity that -- Vice Chair Carollo: And repealing this. Ms. Mendez: No. Mr. Nunez: No. Ms. Mendez: -- and bringing it into Chapter 17 because if not, you're not going to have a free ordinance. Mr. Nunez: Tree protection ordinance. Ms. Mendez: If we don't enact this, we will not have a tree protection ordinance, and then -- well, then other things -- Mr. Nunez: Which also looks at -- pardon me -- protecting environmental preservation districts. Chair Sarnoff You know, there's a certain irony here because the Tree Trust Fund is funded more than 90 percent by Coconut Grove. And today, the Tree Trust Fund gave 20 percent of its fund to you to move $100, 000 worth of trees. So if you're considering not having a tree ordinance, you can certainly do so, and I think you'll see the effects of that, in large part, very quickly. Even if you consider not having a tree ordinance for 60, 90, 120 days, I suspect you'll City ofMiami Page 127 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 see the results of that as well. Be aware that all the heat islands, all the environmental issues that are facing the world really come to roost in the City ofMiami and Miami Beach when in -- they estimate 2042, the tides will raise about 18 inches, and I guess we don't even need a free ordinance then because if we continue at the pace we're going, that's about the rising of the tides it will have. This is an environmental issue. It's about creating and helping to wash out carbon dioxide from the air, which the only known thing to do that is green, is photosynthesis. And as much as you may not want a fee -- and if you want to study a fee waiver, I suggest we study a fee waiver. But if, in fact, we don't pass this ordinance today, you will not have a free ordinance, and you will have the fastest free removals you'll ever see in the world. So what suspect you do is -- I -- you know, you were the great recipient of $100, 000 today from the trust fund. And we've looked into all how the various districts have paid into that fund, and all four districts didn't put more than $10, 000 in that fund, and yet, over $500, 000 came from District 2. I laud you on your desire to have trees, but part and parcel of the desire to have a tree is to maintain that tree and to educate your citizens on how valuable a tree is. Now you want to come back and waive all sorts of fees for people who can't afford it, this Commission can make that policy decision. But to not support this ordinance means there will not be a free ordinance in the City ofMiami for a number of days, and that subjects us to a great deal of chicanery and a great deal of I suspect, trees that will come down very quickly 'cause there's no ramification if they take down a free. Ms. Mendez: And to add to that as well, if it doesn't pass by a four fifths, then we won't be able to have the fines in place that have actually deterred a lot of the tree cuttings in the past two or three years because we -- a few years ago we upped the fines to $1, 000 per day. Here, we're putting it up to $1, 000 per day, so we're relaxing it a bit, but we still -- in order to be able to go up to 1,000 if we would need or up to 5,000 if it's a repeat violator for those who continually remove trees to the detriment of the community, it would need to pass by a four fifths vote. If not, if it passes with less, then it would only be to the limits in Florida Statute, which is 250 -- up to 250 or up to 500. So that's something else that you have to take into consideration; all this, which was already present in 8.1 by the way, so -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: I'm not going to get into any discussion as far as tit for tat, and what received from citywide funds or not and so forth, what parks you've received. I'm not going to get into tit for tat, okay. What am saying is that this needs to be tweaked, just like the graffiti ordinance needed to be tweaked. I wasn't against the graffiti ordinance. I'm not saying I'm against a tree ordinance. However, it needs to be tweaked. I mean, there -- I really believe there is serious issues with this ordinance. And I would say the majority of my district isn't -- doesn't even know that it exists. Chair Sarnoff And all I'm saying to you, Commissioner, is that tweaking needs to occur the next 60, 90 days after the passage of this ordinance, and I will work with your office on the tweaking. I have drafted now three tree ordinances, the one before this, this one, and this one. I could tell you that Commissioner Gonzalez was concerned about certain aspects, and that's how we got the homestead exemption in there. I'm sensitive to it. What am -- I didn't mean to suggest to you that there were some citywide use of funds. What I'm saying is you were the recipient of a tree ordinance. That free ordinance didn't used to have that amount of money in it. That free ordinance didn't have that wherewithal to do what it can do for the City ofMiami. This City -- since I've been on this dais, we have increased our free canopy by 25 percent. That's the biggest growth of any city in the United States. That didn't happen by happenstance. It happened by direction, effort, and strong leadership, and I'm asking you to support that leadership right now; come back and do the changes you think need to be done. I completely agree with you with graffiti: You improve the ordinance. City ofMiami Page 128 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: Or maybe we should table this and do an amendment to some of the issues that I have. Chair Sarnoff Here's the thing. Vice Chair Carollo: And then when we bring it back -- Chair Sarnoff You can't -- Vice Chair Carollo: -- we could address it. Chair Sarnoff -- table this. There will be no free ordinance in the City ofMiami if we don't pass this right now. Procedurally, your hands are tied. You have to pass this right now or the tree ordinance goes away. Vice Chair Carollo: So you mean to tell me, we can't table it till the end of the meeting so we could have some time to maybe amend some of the issues? Chair Sarnoff Commissioner, it is 6:20 right now. By the way I see us proceeding through this particular -- the rest of this particular Commission meeting, together with the two CRAs (Community Redevelopment Agencies), we're proceeding towards 9 or 9:30 right now. Vice Chair Carollo: No. I understand. And I also have appointment later on, but that still doesn't, you know -- and once I come back, I'll stay here all night. That's not a problem to me. But the bottom line is that, you know, if we pass something that, you know, is a great detriment to my disfrict, you're not going to be feeling those calls. I am. Chair Sarnoff But you had -- this is the ordinance that's in existence now. This is already what is there now. Yesterday, when somebody violated the free ordinance in your district and got caught, they paid the price based on this ordinance. It's been in effect since 2004. Vice Chair Carollo: I understand, but that doesn't mean it makes it right. Chair Sarnoff Okay, let's call the question. Anybody else -- anything they want to say? All right, call the question. Madam City Attorney, it is an ordinance. Ms. Mendez: A four fifths vote is required to pass it as it is right now. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Pamela L. Latimore (Assistant City Clerk): Commissioner Gort? Commissioner Gort: Before I vote, I want to make -- and I'm going to vote for it because I believe we need to have it. But we need to use some of the funds to inform the people in the disfrict. This has been on for a while. I know people that had been fined because they cut it. They were not aware of it. We need to inform the residents, especially within the next month. A lot of people are going to be doing a lot of trimming. We have to make sure that we get the word out. And for the first three to four month [sic], we got to be very careful where we implement it. Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. City ofMiami Page 129 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: I, ironically, agree with all three ofyou. Believe it or not, there's a way that can agree with all three ofyou. I agree that now is an opportune moment to do a public relations campaign, you know, in conjunction with Arbor Day and in conjunction with all the other efforts that we're making to increase our free canopy so that people understand that they cannot cut down frees without a permit. And an education campaign, I don't know if it has -- if it even requires money, as much as it requires just a press release and a concerted effort, but certainly, I wouldn't be against using a little bit of money from the Tree Trust Fund to, you know, use this moment as a moment to educate the public. I agree very much with the Chairman in that we need a tree protection ordinance in place on the adoption ofMiami 21. Otherwise, it can be - - God knows what can happen. And I agree with the Vice Chair because I think that, you know, we can always tweak it and make it better after the fact. So my vote is yes. But just wanted to express that. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff Yes. Ms. Latimore: The ordinance passes on second reading, 4-1 -- Chair Sarnoff All right, PZ.4. Ms. Mendez: Chairman, just to make -- Ms. Latimore: -- as modified. Ms. Mendez: -- this clear, this will be an effective date ofMay 20. Ms. Latimore: As modified. Ms. Mendez: Thank you. PZ.4 09-01342zt ORDINANCE Second 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 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. City ofMiami Page 130 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 09-01342zt CC Legislation (Version 4).pdf 09-01342zt CC SR 05-13-10 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 Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13175 Chair Sarnoff PZ.4. Lourdes Slazyk (Administrator): For the record, Lourdes Slazyk, Zoning. PZ.4 is a second reading ordinance. This is removing all of the temporary uses and all the other temporary permits and temporary events into the City code from the zoning code. This was passed on first reading at last meeting. And Commissioner Sarnoff we did make the changes that we talked about at first reading. We put a 25 percent of the net lot area limit on these temporary -- the temporary structures in -- related to the recreation purposes on vacant land. That's been put in. It's on page 12 of the ordinance. And with that, we recommend approval. Chair Sarnoff All right, let me open up a public hearing. Anybody wishing to be heard on PZ.4, which is a temporary event permit process, temporary structures in conjunction with permanent outdoor recreational uses, wish to be heard, please step up to the podium. Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Is there a motion? Commissioner Suarez: So move. Chair Sarnoff Motion by -- Commissioner Dunn: Second. Chair Sarnoff -- Commissioner Suarez, 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. A roll call was taken, the result of which is stated above. Pamela L. Latimore (Assistant City Clerk): The ordinance is adopted on second reading, 5-0. PZ.5 10-00361zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City ofMiami Page 131 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 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 05-13-10 Legislation (Version 2).pdf 10-00361zt CC SR 05-13-10 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 Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13176 Chair Sarnoff PZ.5. Ana Gelabert-Sanchez (Director, Planning Department): PZ.5 is second reading, and it's modifying the Miami 21 Code from the density of DI - Work Place District Zone, from 18 units per acre to 36 units per acre. Commissioner Suarez: So move. Chair Sarnoff We have a motion by Commissioner Suarez. We have a second by Commissioner Dunn. This is a public hearing. Anybody from the public wishing to be heard on PZ.5? This is increasing the density of DI from 18 units to 36 units. You are recognized for the record, sir. Ernesto Torrent: Hi. My name is Ernesto Torrent, 2906 Douglas Road, Coral Gables. I represent Model City Plaza. And we own 1.7 acres at 740 Northwest 71 Street. And we've been working on the project, affordable. We start with workforce housing back in 2008, 160 units. The problem was discontinue by the governor in -- back in November 2008. We went back again to tax credit, and we been approved for some money and -- but we have to reduce the number of units to 102. I was here this morning listen to Mr. Mayor, and I got some concerns about the Miami 21. They been, as somebody say, working five years on that project. And most of the Commissioners say this morning, they been new, and they don't know exactly all the details, like myself. They are been talking about make a special meeting to do some amendments. My question is -- my plans are ready and permit ready for 160 units. I've been -- I check with the Building Department, and as I heard, after May 20, I got 180 days once -- only one opportunity to pull my permits, and -- Chair Sarnoff I think you're going to get a different response, but let's stop right there. City ofMiami Page 132 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Torrent: That's what I heard. Chair Sarnoff Let her address it. Ana. Ms. Gelabert-Sanchez: I would like to read something to you, because what we have amended the Comprehensive Plan, and I will read as follows, is -- and that's already in the Comprehensive Plan, and it has been approve. All affordable housing developments that are certified by the City as having a complete application for development as of the effective day of the proposed land development regulations to be permitted with densities up to 150 dwelling units per acre must obtain all building permits by December 17, 2012. At which time, any rights herein to building permits shall expire. So if you have it, you actually have until December 17, 2012, not six months. Mr. Torrent: Okay. What about the variance, ifI have to do a variance on the project? My concern is that working with the State -- say that we do two phases, phase one and phase two. That means, in order to do phase one and phase too, I can have the drawings. I have -- I need to go in front of the Planning Board, Planning & Zoning, which the next meeting is -- Chair Sarnoff Mr. Torres [sic]. Mr. Torrent: -- in June or July. Chair Sarnoff Mr. Torres [sic], why don't we do this. Why don't we allow you to meet with City Administration right now, 'cause you seem to have an issue for yourself. Mr. Torrent: Yeah. No. I'm sorry, Chairman. My concern is in area that was C-2, 150 units, is a block, which is surrounded by R-3 houses. They make it DI industrial. And if you go to the web page, Miami 21 says only nine units per acre. It's 18 of 36, which going to make in 1.7 acre, nine units or eighteen indusfrial. It's surrounded by houses. That mean -- which is the criteria they been use before to that particular area. That's my concern. That's my size. That's what the money I got invest on it. And I don't know who's going to make industrial surrounded by houses. I've been working on the project to do housing, affordable housing, and to do housing in the area, which is the limit ofMiami. Across the street is Dade County, is indusfrial. It's not my problem. I'm working with the City. I've been a partnership with the City and with the County to go to Tallahassee to get funding for my project and now, ifI don't do this, I want to know with the City officials, which are my rights to modify this. IfI have to present the variance - - because it's not money enough to do 160 units. The government say we going to give you 200 and you do a second phase. I don't have time to do second a phase ifMiami 21 came effective. Ms. Gelabert-Sanchez: IfI may -- and we could probably talk to him. Chair Sarnoff Well, that's my -- I mean, you're asking the Commission to visit a singular project on a pretty sophisticated analysis, and I think we're better suited if you can't reconcile it - - I mean, we're talking about going from 18 units to 36 units. I think I know why he's here, 'cause I think he doesn't think that's an adequate amount of units, but I would prefer he dealt -- deal with you to find out if his issue can be resolved, and then if he needs to come back in front of us, that's okay. Is that fair? Ms. Gelabert-Sanchez: That's fair. Because I believe what we have already in the books will -- he'll be okay with the project that he's referring to. Chair Sarnoff I suspect what I know of this project -- Ms. Gelabert-Sanchez: But we can talk to him. City ofMiami Page 133 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff -- as well. Could you meet with them right now? Mr. Torrent: Okay. Chair Sarnoff I'm not trying -- I'll let you come back -- Mr. Torrent: No, no. No, no. Chair Sarnoff -- but I think -- Mr. Torrent: I got some concerns today, the 13th. I only got one week. As this is affected on the 20th, I need to know from now to next Thursday what I supposed to do. And I don't want to be late, after working three years. Chair Sarnoff Well, this Commission's not going to be able to give you an answer. Mr. Torrent: No. I know. Chair Sarnoff ThatAdministration is going to be able to give you an answer. Mr. Torrent: Yeah. Chair Sarnoff If you want to come back and go on the record what that answer is, that's okay with me. Mr. Torrent: Yeah. Chair Sarnoff But for us -- there's no way we're going to resolve your issue. We're just not smart enough. Those guys, you know, that's the brains over there. Well, that's sad. That look bad. Mr. Torrent: Yeah. Chair Sarnoff But those are the guys that'll have your answer. Mr. Torrent: Okay. Chair Sarnoff But I will let you go back on the record if you -- you know, so you can state what they've told you. Mr. Torrent: Okay. Chair Sarnoff Fair enough? Mr. Torrent: Fair enough. Chair Sarnoff Okay. Mr. Torrent: Thank you. Chair Sarnoff All right. So this is PZ.5. Anyone else from the public wishing to be heard on PZ.5, please step up. Hearing none, seeing none, comes back to the Commission. Gentlemen, do we have a motion? City ofMiami Page 134 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: I think I moved it, but yeah. Pamela L. Latimore (Assistant City Clerk): Suarez and Dunn. Chair Sarnoff I'm sorry, we do have a -- Commissioner Suarez: So move. Chair Sarnoff I apologize. We have a motion and a second. Any 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. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 5-0. PZ.6 10-00519 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, AS AMENDED, TO ADD THE LANDSCAPE ORDINANCE, THE HEAT ISLAND EFFECT (ROOF AND NON -ROOF) ORDINANCES, THE BICYCLE PARKING ORDINANCE, AND THE OPEN AIR GREEN MARKETS ORDINANCE, ADOPTED ON OCTOBER 22, 2009, AND JANUARY 28, 2010, TO THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00519 Summary Form.pdf 10-00519 CC Legislation (Version 2).pdf 10-00519 CC SR 05-13-10 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 conform certain green initiatives approved under Ordinance No. 11000 with the Miami 21 Code. 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 Noes: 1 - Commissioner(s) Carollo 13177 Chair Sarnoff All right, PZ.6. Alexander Adams (Planner II, Planning Department): PZ.6 is an ordinance that is known as "Bicycle Parking." This is an ordinance that came before the Commission late last year. This is City ofMiami Page 135 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 simply taking the existing ordinance and pulling it over into Miami 21. Miami 21 already had the requirement for bicycle parking as far as the number of spaces, but this ordinance has additional details as to how those spaces are allocated, the sizes, and the types of racks used as specified in the bicycle master plan. Yes. Chair Sarnoff All right. Mr. Hadwen, you seem to need to say something. Glen Hadwen: Yes. I'd just like to clarify PZ.6 is more than just the bicycle ordinance. There's a heat island. There's four ordinances that were passed by the Commission unanimously in the fall of 2009 and they're in the existing zoning code. And the purpose of this ordinance is to move those four -- there's the bicycle parking, heat island roof heat island non -roof and the landscape ordinance. The purpose is just to move those ordinances into the Miami 21. Chair Sarnoff All right. Is there a third person that needs to say something? Mr. Hadwen: One more. There's a green market ordinance. Chair Sarnoff All right, very good. Is there anybody wishing to be heard on PZ.6 in the ordinance? It's the heat island. It's the bike parking. It's the green ordinance. It's the -- it just turns us into one green city. Anybody wishing to be heard on PZ.6? Hearing none, seeing none, the public hearing is closed, coming back to this Commission. Gentlemen, is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Any discussion, gentlemen? Vice Chair Carollo: Yes, Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. Although this might be a good ordinance, I cannot support it at this time because I requested information from the Administration and, by all means, it was somewhat late, butt still haven't received it. So you know, I don't have enough information, so I have to vote no on it. Chair Sarnoff All right. Anybody else wishing to be heard on PZ.6. 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): Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. City ofMiami Page 136 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff Yes. Ms. Latimore: The ordinance is adopted, 4-1, on second reading. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 10-00560 DISCUSSION ITEM DISCUSSION RELATED TO THE IMPLEMENTATION OF MIAMI 21 ZONING CODE INCLUDING THE PROCESS FOR AMENDMENTS OR REPEAL AND PROCEDURE FOR CHANGING THE IMPLEMENTATION DATE OF THE MIAMI 21 CODE AND ANY NECESSARY AMENDMENTS TO ANCILLARY CODE PROVISIONS. 10-00560 Memo.pdf DISCUSSED Mayor Tomas Regalado: The M. ] is a discussion related to Miami 21. There have been a lot of comments and articles, and I've never seen so many comments about a discussion item with no legislation. But basically, what it is is that we are, as you know, asking the City Commission that in the next few month [sic], you will consider the different amendments that had not been heard or voted on it. As you know, Miami 21 will be implemented on May 20 of this year as scheduled. And basically, there are several issues, to set the record straight. Some of the amendments were presented by Miami Neighborhood [sic] United, which is an umbrella of residents association that had been working for five years free on the Miami 21 issue, Miami 21 -- the press always reports that Miami 21 has had hundreds of meetings. MNU (Miami Neighborhoods United) had been at 25 City Hall public hearings and 80 public hearings on zoning matters in City Hall and throughout the City ofMiami. However, Miami 21, on its 462 pages, they -- the original vote did not include most of these amendments. And when we came in, we asked you and you agreed to have an extension so we can bring several amendments. There have been a lot of amendments that have been discussed and approved, but there are still plenty. I know that now, as you all get to know Miami 21, you have some questions. Commissioner Gort and Commissioner Suarez have done forums with the residents, developers, and I think it's a very healthy debate. And it's understandable that the Commission needs time to digest this and to present amendments for the discussion by -- not only by the new board, but Planning and Zoning Board and by the City Commission. So my only request to you is that although I know that you're overwhelmed with many issues, but I think with the people ofMiami and those who want to invest in the City do deserve to be listened to. And hopefully, this board will take in the next month the different amendments in -- that had been proffered, some of them had been deferred, and I understand because there was no backup material. But I have talked personally to each of you and I understand the need for information, and I know that I have your commitment that, in the future, these items will be heard. So I just wanted to thank you for that commitment. That's what we have to report on Miami 21. City ofMiami Page 137 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 "[Later...]" Chair Sarnoff Tell you what, Mr. Manager, why don't we just get along with some City business. We'll take the CAs (Consent Agendas). Hopefully, you did a dry run this morning. Carlos A. Migoya (City Manager): It was working fine until someone came over and unhooked it to put up, I guess, their own laptop. Chair Sarnoff Was that somebody from my office? Mr. Migoya: Maybe. Chair Sarnoff We'll have to call them out here. All right, gentlemen, why don't we take up the CA agenda? Consent agenda item. I think we had -- Commissioner Gort: Can we go back to the Mayor's number one item, Miami 21 ? Chair Sarnoff M.1 ? Commissioner Gort: I want to get some understanding. Chair Sarnoff Mr. Mayor, you okay with going backwards? Mayor Regalado: I'm sorry? Chair Sarnoff You okay about going back to M.1 ? Mayor Regalado: No problem, sir. Chair Sarnoff Okay. Mayor Regalado: This -- as I said, I am not proposing any legislation. There's no public hearing. But I think if the Commissioners want to, of course, I would welcome that. Commissioner Gort: I just had a few questions, clarification, Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Gort: Thank you. I've had a lot of questions in documents that I've been looking in researching Miami 21. I believe there's a lot of -- and I had a lot of individuals come up to me and talk about the problems. As they read through the documents, they find out what the problems were. And I want to ensure that the -- my understanding is that we're going to be looking at amendments proposed by individuals that we gave the same right to the neighborhood association. I met with them three times, and their amendments -- I put them on the -- I made sure they got on the -- on our agenda, and I want to make sure that everyone gets the same right to come back with certain changes. I, myself had a lot of problem with these residential areas. A lot of the residential areas that is going to be affected with the grandfather in. There's a clause there that I have a problem with. Small business is going to be affected quite a bit, which is a majority of the residents and businesses in my area. So I just want to make sure that we're going to be able to come back in three months and come back with some amendments, and it'll be up to us to vote on it, and that's my understanding. Mayor Regalado: And that is -- and we discuss that with the Chairman and each individual member of the Commission. That's -- that is the will of the Commission to -- I mean, we don't -- City ofMiami Page 138 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 we're notgoing to overwhelm you. You know, the Administration is notgoing to place 57 amendments in one day, but today you vote on the members of the new board because the Planning and Zoning Board ceases to exist on May 20, and the last Zoning Board defer several items that needs to be heard on the June meeting of the new Planning Zoning Board according to Miami 21, so I -- what I have a question for the City Clerk. Can we do the appointment by memo or, City Attorney, it has to come to the City Commission for approval? Julie O. Bru (City Attorney): It has to come to the City Commission. Mayor Regalado: Okay, so fine. If -- Chair Sarnoff They're on this agenda, Mr. Mayor. Commissioner Gort: They're on the agenda. Mayor Regalado: I know they're on this agenda, butt was going to bring my appointees, and that's -- so I will send it to the City Clerk for consideration. But that's just one part of the puzzle. The agenda -- then the -- it has to go to -- some of them will have to go to the new board. Some of them will go directly to the Commissioners. Is that a fair --? Well, they have to -- all of them has to go -- the amendments have to go to the Planning and Zoning Board, right? Ms. Bru: Text amendments, rezonings, comp plan amendments, they would have to go through the proper process with this new created board now. Mayor Regalado: So there is a time -- and there is no time frame that we have to do this? Ms. Bru: There are limitations on how many times a comp plan is going to be amended during - Mayor Regalado: Twice a year. Ms. Bru: -- a period of time. Text amendments, there's no limitation on that. And then rezoning, I think there's also a schedule in place of how often they can occur. Mayor Regalado: And that's the response. I mean, the commitment -- I mean, we will not -- my commitment, and I have the Chairman commitment, is to bring to the agenda the different items that people want to discuss. Yes, it's time-consuming, butt mean, it's worth -- And I will tell you, one of the things, Commissioner, that I objected was the lack of public input, and I was always told there have been 500 meetings. However -- and Commissioner Suarez knows about this -- when we called for a Miami 21 meeting on part of Disfrict 4 by 39th Avenue -- so we were having this from 47th to 37th Avenue, the quadrant of Flagami. A meeting was scheduled and residents used to be sent cards to notice the meeting and call for the meeting. Well, a meeting was held. I was there, the staff was there, but no residents. So we found out that the cards arrive three days later, after the meeting, were placed on the mail, and you know, things like that. And people were really upset because they didn't have the chance. And I remember that the Commission ordered more meetings and it cost more money, so you know, it was a sort of a catch-22. But you know, that's my commitment, to ask you as the Chairman, the Administration, to place on the agenda all items that were defer, items that could come our way. Chair Sarnoff All right. Commission Carollo. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair. Sorry. City ofMiami Page 139 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: Thank you Mr. Chairman. It is a discussion item, so I think, you know, let's discuss this. Let's discuss this openly. It was my understanding -- I'm going on memory -- that the reason that we extended Miami 21 for three months was because we had new members in the Commission and we needed more time and so forth. It seems to me that now we have four members that are new, and it appears to me that we all feel that we haven't had enough time to digest this whole Miami 21. However, and correct me if I'm wrong, even though I feel that there may be the votes in this Commission to extend Miami 21 again, we are not extending, or at least no one's making any emergency ordinance, because the only way to extend it now would be through 15 emergency ordinances or so to forth, correct? Mayor Regalado: Right. Vice Chair Carollo: So I would even go as far as saying that maybe, you know, because we are somewhat new -- I don't want to use word under minded, but the bottom line is we cannot extend, where I think there may be the votes here to extend because of all this hassle that now it's going to create because no one brought it up earlier saying, hey, listen, there's four new Commissioners here. All -- you know, what I perceive all four of us, you know, haven't gotten as much knowledge of this as we would like, for many reasons. I mean, there's something really small called the budget and, you know, the financial crisis that we're facing, not to mention other things, and it seems like our hands are being tied where we now have to do nothing so it automatically takes into effect and then come back with amendments and so forth. So I mean -- and I'm just going back in time where it seemed like three months ago, the reason we were extending was for the same reason that we are facing right now. I think four of us -- and I don't know if there's a fifth -- but I think four of us feel that, you know, we should have more knowledge with regards to Miami 21. However, according to the Administration, we really have our hands tied where, you know, it will have to be, I don't know, 15 emergency ordinance, and I don't think any one of us wants to really cause this chaos that ordinarily it wouldn't. Mayor Regalado: And Mr. Chairman, you know, you all came when this was vote. A contract is a contract we have to, like, honor; build the garage, you know, build the tunnel, do Miami 21, whatever the issues are. When I requested from this Commission, the extension was to place some amendments that were not included, and these were legitimate amendments that were in the process before Miami 21 was approved and, yes, new members came to the Commission, but I think that we all understand that Miami 21 is a working document, and we can have it going as scheduled and start the amendment process. That's why the Administration has been visiting with all of you to understand what are your concerns. And we have in the Mayor's office also amendments that we'll placing in the -- placing back in the agenda, those amendments that were defer, to see for your consideration, and you know, it only takes time. It's a public hearing and then a vote up and down. And like the City Attorney said, there are several amendments that don't need any process in terms of timing. There are others amendments that have the process, and so we have time. That's all -- the only thing I'm asking is that you will consider in the near future some of these amendment and new ones that the Commissioners -- you know, because you're going to live with this code for the next years, and you will have to make decisions as a quasi-judicial board, so it's only fair that you can propose some of these amendments. My request to you is that you hear some of the amendments that were defer and you go on, vote it up and down, as you wish, and with the public input. Chair Sarnoff Mr. Manager. Mr. Migoya: Mr. Chair, as we had previously discussed in individual meetings with all of you, the Administration is willing and wants to look at amendments in two phases. We want to be able to look at them in 90 and 180 days so that we have an opportunity to road testMiami 21, find whatever issue's out there, including the amendments that we're looking at, and then we come back and make amendments in those two increments so that we feel comfortable as we road testMiami 21. City ofMiami Page 140 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman, follow-up question. Chair Sarnoff Go ahead. Commissioner Suarez: I'd like to also make a comment. Chair Sarnoff Well hear -- Vice Chair Carollo: Yeah. Chair Sarnoff -- Commissioner -- Vice Chair, then Commissioner Suarez. Vice Chair Carollo: Just a follow-up question. Then why are we changing the process? Why don't we letMiami 21 go into effect in January, or whenever it was, and then work with all these amendments? Mayor Regalado: Because I requested it, Mr. Vice Chair. I did requested the extension because I thought it was unfair that since Miami 21 was for the residents, that most of the amendments of the residents were not voted on, that they were dismissed. You know, the Miami 21 process, the vote was let's finish this because we have -- spend a lot of money and we need -- Vice Chair Carollo: During a budget crisis, by the way. Mayor Regalado: During a budget crisis. So it was my request. It wasn't the will of the Commission or anything. It was my request to you to include some of the residents' amendments in that process. Some of them were approved. Some of them were needed for different things. Some of them were defer, and I understand why were defer because it's a lot of work and -- but -- like the Administration is ready to bring some of the amendments; you know, we will consult with all of you, and that's -- Vice Chair Carollo: I'm not going to beat a dead horse. It just seems that -- and I agree with you with the extension back in January. I agree with you, but it seems like the same thing that we're going through now we could have done in January because it seems like there's a lot of homeowners or homeowner associations that hasn't completely brought all of their amendments to us, so we're going to letMiami 21 go into effect and we're still going to look at their amendments. So I'm just saying hey, we extend it before. Why not -- why are we not extending now? And if -- yes, the reason we're just going to let people Miami 21 happen and then we'll listen to all the amendments and so forth, well, we could have done that in January. We could have letMiami 21 happen and then listen to all the amendments once again. Mayor Regalado: No. There -- Vice Chair Carollo: But I'm just seeing a dif -- you know, sort of a different process. And I, at least, feel yes, am I a little bit more knowledgeable ofMiami 21? Sure. But do I feel there's been sufficient time? I mean, I remember, which we all, you know -- if we all agree that, you know, our Chairman is a highly intelligent man, he said that it took him at least ten meetings in order for him to understand Miami 21. I still haven't had my ten meetings. Commissioner Gort: He understands it. Vice Chair Carollo: I still haven't had my ten meetings, so -- and my point is yes, there's a lot of substance in there, and you know, we all have quite a lot on our plates and busy schedules, so City ofMiami Page 141 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 it's not like -- I feel -- at leastl -- and I don't want to speak for my colleagues, but it seems from the articles that were written and so forth that, you know, we all don't have as much education as we would like to with regards to Miami 21. So I'm just seeing a difference in process that, you know, if we did it in January and it was good and it's for the same reason it is now, why now are we passing Miami 21 and -- other than it's going to take 15 emergency ordinance? And I don't think any one of us wants to start, you know, that process. Mayor Regalado: No. And it's not only that. The process has started with Tallahassee. A lot of changes would have to be done and, you know, it's the same. If we ask for three more month [sic], it will be the same. So it's more practical to let Miami 21 come into effect and then bring, at your pace, all the different amendments. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Mr. Chairman, thank you. I don't want to beat the Vice Chairman's dead horse, butl do -- I think one of the things that has come out through this process is that there are some serious flaws with Miami 21. Whether you're a Miami 21 proponent -- I mean, I've spoken to everyone on this issue, and even the people who are the biggest proponents ofMiami 21 acknowledge that there are some issues with Miami 21, some serious issues. I can name you a few, some of the ones that I'm trying to work with the Administration to change, to be quite frank with you. And I don't know how the other Commissioners feel about it, but that's why we're having a discussion item, is the `green bond" being one of them where anyone who build something that's greater than 50,000 square feet, has to post a cash -- 'cause I don't think any green bonds exist, but has to post a cash bond of 2 percent. If a project has a square footage between 100 and 200 square feet, it's a 3 percent bond. And if it's over 200 square feet, it's a 4 percent bond. Now, I think everyone here -- I haven't heard anyone say that they don't want to promote green building. I think everything wants to promote green building, and I certainly do. But the question thatl have is, is this the right way to promote green building? Is it not better to incentivize developers when we have, you know, a tax base that we need to grow for the purposes of balancing our budget? Is not a good idea to create incentives rather than perform "performance bonds" if it -- if there's a cost to going green and if in addition to that cost, we can create some sort of incentive, I think people will want to go green for the purposes that it obviously reduces the impact on the environment and, secondly, it's in their economic best interest. It would also be in our economic best interest to get people to want to build under that construct. On affordable housing, which -- since I was elected here, I've, you know, been pushing for affordable housing, I was told that under Miami 21 all properties that abut a DI zone get -- are eligible for a bonus from T5 to T6-8. So I said, well, let me see how many DI properties are there in the City ofMiami. And I asked for a map, and I was given this map, which has in blue, and not the Biscayne Bay blue, but -- and not the water blue, but these little blue dots here are all the DI properties in the City ofMiami. Commissioner Gort: Your district. Commissioner Suarez: So it really doesn't do something comprehensively for affordable housing. So I'd like to work with the Administration, with our Commissioners, for us to have some sort of modification to Miami 21 that is conducive to getting affordable housing in the City ofMiami, which right now seems to be one of the only kinds of housing that is economically viable. And the last main issue thatl had with Miami 21, and I asked for an opinion from the City Attorney and I also asked for some responses from the City Manager's office, are the kind of rumor that someone who's -- has been downgraded or however you want to call it, if someone who has a C-1 property is -- now has a T zone property, that that person can appeal their tax value. And if you -- I can refer you to the response from the City Attorney that states in Florida Statute 193.001 that among the factors that are considered in deriving just valuation of a property are -- and there are several -- highest and best use to which a property can be expected to be put in the immediately future and the present use of said property. So that, in conjunction City ofMiami Page 142 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 with -- you know, that's doesn't really bother me so much as the -- as whether or not we as a city are planning for that. In other words, are we fiscally planning for that? And that's why I asked, you know, the City Manager's office whether or not any study -- since this has been a five-year process, whether or not any studies have been done to determine what that fiscal impact could be, and I was given an answer. The short answer is no, we do not have any official reports quantifying the fiscal impacts regarding possible changes in the highest and best use of properties. So I'm concerned going into a new budget where -- and you know, the City Manager wasn't able to make his presentation, but his presentation will reveal that we have been out of balance since 2003 every single year, with the exception of two years. I'm just concerned that we don't incorporate whatever potential fiscal impact this may have into our future budgets. And if we don't have a handle on that, you know, that's a great concern that have. So those are basically my discussion item thoughts. I think, as time goes on, we're going to, like the Mayor said and all the other Commissioner have stated, hear a lot more. And we want this to be the best code possible, whether -- if you call it Miami 21, 11 --I don't care what you call it, to be completely honest with you. It has to be a code that works for the citizens of the City ofMiami and for the property owners of the City ofMiami. It doesn't matter what you call it. So you know, the fact that millions and millions of dollars have been spent on that versus affordable housing or some other -- what feel is some other work -- noteworthy objective, that's a sunk cost, like they say in financial management. So you know, we have to move forward and we -- I welcome anyone's ideas on how to improve this code because at end of the day, we're the one that are going to be stuck with it, so -- Chair Sarnoff Commissioner Gort. Commissioner Gort: I have a lot of issues that I'm going to address it, and I think there's a lot of people who'd like to address Miami 21, but this is a discussion item. What I'd like to get out of here today, if possible, is set up a system where we can bring all these people together, the residents, the staff and to listen to all the issues that we have issues to in the past and see what -- how we can fix this. I mean, Miami 21 is like when you buy a software, you have to go through the bug and debug it a little bit. I think there's a lot of things that people did not realize the impact that some of these decisions is going to take in the City ofMiami, like it was stated before, fiscal impact, homeowners' impact. I mean, most of the homeowners are going to be grandfathered in and they have to reestablish their grandfather in 20 years. You know, that takes an affect on the residents and the businesses. So I'd like to, if possible, Mr. Chairman, you being the chairperson, if we can come up with a procedure where we can bring everyone together. I mean, let's face it, the City ofMiami is made out of neighbors, business, investors, and everyone. We're all citizens, Miami residents, and somehow, we have to bring all these groups together. And I'm sure that we got a lot of intelligent people that can come up with the good suggestions and ideas to make it even better. Chair Sarnoff You want to call for a special session on just that issue? Commissioner Gort: I believe so. Chair Sarnoff Okay. Commissioner Dunn. Mayor Regalado: And Mr. Chairman, it would be really interesting to have a special session, you know, with public. I think it would enlighten all the members of the Commission and the Administration, myself 'cause I do -- I've been meeting with mostly residents association, and they have their legitimate concerns, and Commissioner Suarez have the concerns, and I totally agree with Commissioner Gort. This is the oracle of zoning here -- Chair Sarnoff Let's do this, Mr. Mayor. Let's -- Mayor Regalado: -- in the City, but -- City ofMiami Page 143 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff -- I'll have my office go around to the other Commissioners to find out what Thursday is a good day for them and in concert with your office, and we'll vote on a date this afternoon so everybody can say I'm clear that date, I'm clear that date. We'll do it sooner than later 'cause everybody's going to start their summer plans. Well fry to get it done either late June or early -- I'm sorry, late May or early June. Mayor Regalado: I think it's important, Mr. Chairman and Commissioners. I mean, it's time to learn. It's time to get -- Commissioner Gort: Make it better. Mayor Regalado: -- and then we can proceed with the different amendment, and then maybe we can set a procedure to start placing the different amendments. I thank you very much. And I think you got the computer ready. Chair Sarnoff I think we're ready, butt know Commissioner Dunn wanted to say something. Mayor Regalado: Oh, I'm sorry. Commissioner Dunn: Just very quickly. I -- you know, I probably ditto what most of my colleagues have indicated. My concerns, of course, was relative to the affordable housing and being boxed in or locked in. And so I guess, for the most part, in principle I support it, but there are some adjustments that need to be made, and so this will be perfect to -- at least for all of us to come together. And as Vice Chairman Carollo said, this a fast curve, and you know, I don't possess the legal acumen that our Chairman possesses, but certainly, we -- this will be a good -- great opportunity to at least catch up on some things and hopefully be able to make the necessary adjustments. Chair Sarnoff All right. All right, Mr. Mayor. Mayor Regalado: Thank you. "[Later...]" Chair Sarnoff I know that you have given us June 2 as a possible date. Would you -- is everybody coming back for the CRA (Community Redevelopment Agency)? Commissioner Suarez: Yeah. Chair Sarnoff Yeah. All right. Would you mind ifI just checked during the break, and I'll come back on the record and tell you that June 2 works for me? I think it does, but -- Migoya: We would -- that's fine with me. If you want, I'll stick around for that. 'Cause the other thing I would like to ask you is if we can ask the Commissioners to give the Administration some questions and concerns in advance so we can get the people to prepare for it so we can make this at least -- Chair Sarnoff Productive. Mr. Migoya: -- some percentage of this meeting at least prepared and productive. Chair Sarnoff Every Commissioner understand what he's asking for? He's asking for your concerns on Miami 21 so that he can have staff address them. It looks like we're headed towards a June 2, or thereabout, all -day meeting. City ofMiami Page 144 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: For a special session? Chair Sarnoff Yes. Commissioner Suarez: Okay. I'll put them in writing. Chair Sarnoff Everybody okay with that? All right. Ms. Latimore: You need to adjourn this meeting -- Chair Sarnoff We're going to do a motion to adjourn. I know you're not -- you don't just turn off. Commissioner Suarez: So moved Chair Sarnoff All right, we got a motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. M.2 10-00559 DISCUSSION ITEM DISCUSSION ABOUT ESTABLISHING A CITY OF MIAMI WORKFORCE AGENCY. 10-00559 Memo.pdf DISCUSSED Mayor Tomas Regalado: M.2, Mr. Chairman, Commissioners, is rather very good news for the City ofMiami. And as a result of some concerns that had been raised recently about the possible Miami Workforce Agency, we met with Rick Beasley, the executive director of South Florida Workforce. We had a very good meeting. As a result, tomorrow the City ofMiami is going to submit an application to South Florida Workforce that would allow us to establish our own workforce agency, completely funded by money from South Florida Workforce. This will give us a more direct control on our workforce efforts. For instance, the City ofMiami will receive grant money with an agreement that would allow us complete management of a City ofMiami workforce center complete with grant funded staff whose mission will be to prioritize finding jobs for Miami residents. We will have an increased eligibility for grant funding. That means that operating a workforce agency will allow the City to pursue new grant opportunities that were previously inaccessible for the City because we had to depend from [sic] workforce, and of course, improve accountability. A Miami workforce office can address our local priorities and advocate for federal and state policies to benefit the City's workforce system. My understanding of the application that we're sending tomorrow and that will be heard on the board meeting in June is that we will have a -- sort of $3 million to operate at least two offices in the Miami area where unemployment is very high. These offices will be 100 percent fully funded by grants. We have request the advice of Vice Chairman Frank Carollo because Frank Carollo was the City's nominee, an appointment several years ago, and he went on to become the chairman of South Florida Workforce, so we are talking to the Vice Chair to get his advice on how do we go about on this. However, the way that appointments were made was changed by the County Commission, and now the City's representative is appointed by Miami -Dade County Mayor Carlos Alvarez, and that position is open. So if you allowed us, we will bring a pocket item later so the Commission may appoint the City's representative in the workforce, which will continue to be there even with our workforce office. And so we need to have this for the June meeting of the City ofMiami Page 145 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 workforce, so -- Chair Sarnoff Mr. Mayor. Mayor Regalado: Yes, sir. Chair Sarnoff For someone who is not intimately familiar with the South Florida Workforce, and I'm not and I'll profess my ignorance, the only thing I really know about is what I read in the Miami Herald. From what I've read about it in the Miami Herald essentially in the past two or three days has not been extremely favorable. Today I read that -- I don't -- think the number was 200 million or $20 million, and if they have -- were supposed to employ, I think the number was, 20, 000 people, but only 56 have been employed. And we seem to be working with them. And I recall last year, I think you do too, being told that our Parks Department summer program would be staffed with South Florida Workforce candidates, if that's the right word to use, and as you know, we budgeted it so that we weren't going to have to the expenditure of those salaries and compensation. And then part of our overrun from last year was the fact that their folks, if you will, didn't show up, and we then had to pay the Parks people that we didn't anticipate and didn't budget for. And I -- so I have this negative view, candidly, straight from the Miami Herald of the South Florida Workforce, and that I hear us talking about partnering and/or working with them. And I'm just curious, how can you dispel my concerns? Mayor Regalado: IfI may -- and I would like also -- but ifI may, Vice Chair, and he can talk much about it. I will tell you that this has been an ongoing battle with the City Commission many years ago. And actually, we requested several years ago an audit by Victor Igwe. He was not able to do it because they wouldn't accept his authority and there are some issues. But by not separating from them but creating our own agency, this Commission will have oversight about that, also the City Manager, and the auditor general, and that is why it's so important that we take this opportunity to create this workforce, butt will defer to the Vice Chair because he was the chairman when things were better there, I will have to say, because he left there several years ago. But he was the City's appointment on the Florida Workforce several years ago. Actually, I appointed the Vice Chair on that. And since then, it has been downhill for the City. Actually, the City has been without a representative for several month [sic], and the representative that used to be the City's appointee never showed up -- show up, so I would defer to the Vice Chair. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Mr. Vice Chair. Vice Chair Carollo: Thank you Mr. Chairman. First of all, I'd like to say that yes, I was the chairman of South Florida Workforce and I resigned in early 2007. I think it was January or February 2007, so it was early in 2007. If you did read the Herald's article, it seems like 2007 on is when the issues started happening. With that said, though, I agree with you 100 percent, Mr. Chairman. I agree with 100 percent. I did have initial talks with the Mayor and with the Assistant Manager Tony Crapp. However, I was not part of the meeting due to, you know, again, like the Mayor said, you know, our overwhelming schedules and so forth. So even though we had initial talks, I don't think we got into the great details. I could start throwing some numbers out there without really looking deep. South Florida Workforce receives approximately 63 million -- let's say it's somewhere in the area of 60 million, 64 million of funding annually, so us receiving three million from them in a year I don't think is sufficient, Mr. Mayor, so we need to work a little bit more with that. Again, going back to what the Chairman said, with this structure that we're thinking -- and I'm not saying go away it, but we need to, you know, put everything on the table. With this type of structure, we will still be under South Florida Workforce, and there's other ways around it. I mean, it's my understanding the City hires lobbyists and we hire legislative -- I don't know what's the technical word, legis -- but in other words, lobbyists to City ofMiami Page 146 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 lobby the State with regards to issues that we need, and I would propose speaking to them and seeing what's the possibility of the legislators or legislator and the legislation [sic] proposing that we create our own regional workforce. I think we should, you know, propose to do Region 24. South Florida Workforce is Region 23. I think we should propose for a Region 24 with the boundaries being within the City ofMiami, and then it wouldn't be a funding issues because some of the fundings from that 60-something million dollars that's going to South Florida Workforce will come directly to our region, which will be Region 24. You know, I think we should seek the agency of -- Workforce innovations to see if they will support this, they would support us with this, and let's see if we could go that route also. So in other words, there's other things that, you know, we can do. And I think, you know, we need to really sit down and look at all the cards on the table 'cause, Mr. Chairman, I agree with you 100 percent. Mayor Regalado: I -- we talk about that, and that's one of the options, and we should follow that option. Actually, we will follow that option. However, the way that we will present the application is for this year, for the minimum, $3 million. We can ask for more, but it's up to the board. And, remember, the board is appointed now by County Commission ordinance only by the Mayor of the County and the Mayor ofMonroe County, so we have just one vote at the board. However, the way that we will present the application is to get the money upfront so we don't have the same issue that we had last year with the Parks Department. We will not start -- and that is in the application, and that is the commitment that we have from Mr. Beasley. We will not start any operation until we have secure the funding for this year. And remember, this is 100 percent. This is no matching dollars. This is 100 percent grant funded. Vice Chair Carollo: I understand, Mr. Mayor. The other thing we need to really look at just so there's no errors, usually that funding has a lot of restrictions. There's a lot of different types, like TANF (Temporary Assistance for Needy Families), and I can just go on and on. Mayor Regalado: Yeah. Vice Chair Carollo: And it has a lot of restrictions, so we really need to look at that and -- Mayor Regalado: And that's why we need the Vice Chair advice in creating this office because he was there. He was for several years a member and then chairperson of the board, and the executive director agree when we mentioned that you will be advising us that -- yes, that there are some restriction. However, we have exactly the numbers that they require in your district and in your district, Commissioners -- Commissioner Dunn: I know. Mayor Regalado: -- in terms of unemployment, high, high unemployment -- Commissioner Dunn: Yeah, I know. Mayor Regalado: -- and that is one of the requisites. And yes, there is some restriction, but having the right person as coordinator, which again, will be fully funded by grant, a person that understand that it will -- I think it will work. We do need also to appoint the City's representative because it's very important that we have someone in the board while we do the due diligence to create our own board. It's only by state Legislature that we are allowed. Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: Thank you. Thank you, Mr. Chairman. I certainly thank you, Mayor. And I appreciate your experience and expertise, Mr. Vice Chair, as it relates to this issue. My question is, Mr. Mayor -- and certainly, I support you being the representative 100 plus, but -- no. You need to be. You know it. You have --I know. But I would support that today, right City ofMiami Page 147 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 now. My question is the issue that you're bringing up now. What timetable are we talking about as it relates to the three million? I know that's not the end game, but what are we talking about in terms of a timetable? Mayor Regalado: I think -- I would defer to Assistant City Manager Tony Crapp. Although, the application we'll file tomorrow -- Commissioner Dunn: Okay. So -- Mayor Regalado: -- but -- Tony. Tony E. Crapp, Jr. (Chief of Operations): Assistant City Manager Tony Crapp, Jr. We're going to submit the application to South Florida Workforce, like the Mayor said, tomorrow. We got a commitment from Mr. Beasley that they will take it up in a meeting in June, so we're looking at maybe a 60- to 90-day window period. Commissioner Dunn: And we will be eligible -- I know with the stipulations and restrictions, we'll be eligible for that funding if we are awarded immediately? Mr. Crapp: Yes. But like the Vice Chairman said, there's a lot of -- Vice Chair Carollo: Yeah. And as a caveat, I have not seen the application. I have not seen what -- Commissioner Dunn: Okay, okay. Mr. Crapp: Right. Vice Chair Carollo: -- so that's a caveat. Commissioner Dunn: Okay. Mr. Crapp: Yeah. Vice Chair Carollo: I have not seen it. Mr. Crapp: It's a draft right now. Commissioner Dunn: Okay. Mr. Crapp: We're finalizing it today. But like the Vice Chairman said, there's a lot of restrictions associated with this money, so there's a lot of work that we're going to have to do as the administration to make sure that we dot all our is and cross all the t's. Commissioner Dunn: Mr. Chairman, I'm going to ask this question. What do we need to do now so that we can, in fact, have the Vice Chair appointed to this --? Chair Sarnoff Well, let me take up his -- let me take up for him. There seems to be -- I think he's at his wits' end time wise. Is that a fair statement? So why don't we think about appointing someone else. Commissioner Dunn: Mr. Gort, Willie? Chair Sarnoff Commissioner Gort, would you -- City ofMiami Page 148 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: Would you? Chair Sarnoff -- have any interest? Vice Chair Carollo: Or how 'bout [sic]Assistant City Manager Tony Crapp? Chair Sarnoff I want to see how his time is now. He just got a new big job. Mr. Migoya: His time is pretty busy right now. Chair Sarnoff I was suggesting that as well. Commissioner Gort: You do it? Commissioner Dunn: Huh? It doesn't matter. I mean, I don't mind if -- I don't mind. Chair Sarnoff How 'bout [sic] Commissioner Dunn? Would you --? Commissioner Dunn: I would be honored to -- Mayor Regalado: IfI may, we had a department director as the City's appointee, so he can be the City's appointee. I mean -- Chair Sarnoff Okay. Mayor Regalado: -- always, we had an appointment of a department director. Commissioner Dunn: Okay. Chair Sarnoff I think Commissioner Dunn just wants to get it done, so to speak. He wants to make sure there's no lapse time. Commissioner Dunn: Absolutely. Chair Sarnoff Commissioner Gort. Commissioner Gort: My question is, my understanding that one of the deficits that we created from last year because Workforce promise and committed to give certain funds for our Parks employees and never came through. Are we going to be able to utilize it at this time for the parks and --? Mr. Crapp: Yes, Commissioner. That came up in the meeting that the Mayor and I had with Mr. Beasley and we addressed that. They're having the same issue in the County, and he agreed to advance the money, the same way they're doing in the County, to make sure that we don't run into that issue again, and that's with regard to the Florida Back -to -Work grant. Commissioner Gort: Okay. Commissioner Dunn: Mr. Chair. Chair Sarnoff Go ahead, Commissioner Dunn. Commissioner Dunn: Now, the second piece that the Vice Chair talked about in terms of us becoming totally independent, I guess we had a -- that's the cart before the horse. That's after the -- City ofMiami Page 149 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Unidentified Speaker: Afterwards. Commissioner Dunn: -- after we submit, for next year. Okay. Chair Sarnoff And could I sort of speak to that for a moment. Any time you hand an agency money, that agency has its administration, its administrative expenses, its directors, its co -directors, and then you're going to give it to another agency that's going to have its directors, its administrative defen -- it's sort of what, in the private sector, we call `A/fiddle Manning." If you hand it to one middle man, hands it off to another middle man, so 100 becomes 80, 80 becomes 60, 60 becomes 40, and the next thing you know, 40 percent of whatever you give or you anticipated providing hits the streets, so to speak, hits the people you want it to hit. And that's why I think the Vice Chair is right. You have an agency that is being -- and I wouldn't know that agency ifI fell over him. I wouldn't know Mr. Beasley ifI fell into his lap. I only know what's written in the newspaper. I know what's written in the newspaper is not always accurate, but somebody went through their books and theoretically, somebody came up with the fact that they had received -- and I don't remember if it was 200 million or 20 million, but only 56 people had become employed. Now, as a Commissioner, Mr. Mayor, I do feel stung when I believe we were out of budget -- forgive me; I don't remember the number, but it was close to a million dollars. Commissioner Gort: One point two. Chair Sarnoff One point two million. Thank you. That was what I had in mind. One point two million dollars, you know, as a result of a promise made by an agency that didn't fulfill its promise, leaving the prior Administration to scurry around and Ernest Burkeen to keep his promise to a great many kids and a great many activists to make sure the kids had a summer program, and this Commission is going to look at me and you and is going to look at an out -of -sync budget and, yeah, we're responsible to the extent that we relied upon a partner to come up with what it should come up with. So let me just say, being a private sector guy, I have never understood why we give agencies money versus very simply saying to let's do a Public Works project with streets, let's give it -- let's let this out on a competitive basis, and those people will employ a great many citizens, and you could even put a percentage, if you will, for -- I guess it's CBOs (Community Based Organizations) or what are they called? Commissioner Gort: CBOs. Chair Sarnoff Community -- yeah. So I've never understood why we create layers. I'm sure somebody could explain it to me and I'm sure somebody could say you need an apprentice program, but then I'm told there are apprentice programs in various different places. I -- you know, for my own sake, I think the one thing you're noticing between the City ofMiami and the County is at least this Administration is fessing up to the financial issues that are confronting us. I've yet to hear the County say word one about their budget. And I suspect all ofAugust and September, we'll only hear about their budget as they deal with it on an emergency basis. So I'm comfortable with oversight coming to this board or to the Mayor's office whereas we have to be held accountable. I would suggest if the Herald found out that we took $2 million in and only hired six people, we'd be all over the front page. So, you know, I happen to agree with the Vice Chair on this. I think you should hold us accountable and I think we should do whatever we need to do at the state level, Tallahassee, our lobbyists make sure that the City ofMiami has a co -equal footing in creating the South Florida Workforce. I will say being a private sector guy, I think you could cut through that very simply, let contracts out, and let the private sector hire people. That's what they do best, and they do it the most efficiently and they do it quickly. But be that as it may, I'm not comfortable with South Florida Workforce. I'm a Commissioner that got stung by it. And you guys have every right to hold me accountable for a $1.2 million shortfall from last year's budget because we relied upon South Florida Workforce. Those are my City ofMiami Page 150 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 comments. Thank you, Mr. Mayor. Mayor Regalado: Okay. And yes -- Chair Sarnoff And now we have M.3. Mayor Regalado: So ifyou can later on do the resolution if you all wanted to appoint Assistant City Manager Tony Crapp (UNINTELLIGIBLE). Commissioner Dunn: Mr. Chair, can we do it now? Chair Sarnoff Is it --? Do you want to --? Madam City Attorney, is that a --? Julie O. Bru (City Attorney): We'll prepare the legislation in accordance with the action taken here today. Chair Sarnoff And we'll take it after lunch? Commissioner Dunn: Okay. Ms. Bru: No. You can just go ahead and move it and -- Chair Sarnoff And make the mo -- so Commissioner Dunn -- Ms. Bru: Yeah, and we'll -- Chair Sarnoff --I believe, has made a motion. Commissioner Gort: I'll second. Commissioner Dunn: So -- yes. Chair Sarnoff Second by Commissioner Gort. Go ahead, discussion. Vice Chair Carollo: The only discussion, just to, yeah, clarify Tony Crapp to be our nominee as far as -- Commissioner Gort: Our representative. Commissioner Dunn: Our representative. Vice Chair Carollo: -- representative. Mayor Regalado: Yeah. Vice Chair Carollo: Okay. Mayor Regalado: The City has one representative. Now this resolution goes to Miami -Dade County Mayor Carlos Alvarez. It's a recommendation from this board for him to officially appoint him. But because has to go to the County and the meeting is in June, this is why we request this. Vice Chair Carollo: By the way -- and this is not a small board. This is a 45-member board. Mayor Regalado: Right, because -- City ofMiami Page 151 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 (M.2) Vice Chair Carollo: Yeah. That's why when I used to chair that -- you think five members? Yeah, think about 45 members. Mayor Regalado: Yeah. Because, you know, remember, Monroe County is also on the board, actually. And you know, they're going to fight us on creating our own board, but we were able, you know, thanks to State Representative Lopez-Cantera, we got the pension bill through the House. It died in the Senate, but at least, I mean, we have friends in the State Legislature. They just passed the package to buy land for the City of Miami for parks and -- so I mean, we can fry. We can try. Vice Chair Carollo: Right. So just to clarify, this just a recommendation because ultimately, the County Mayor is the one who appoints the members and -- Mayor Regalado: But we were told that he'll honor the recommendation of the City Commission. Vice Chair Carollo: Okay, good. And I'm sure he'll keep his word. And, again, it'll be -- let's say they do appoint Mr. Crapp, that'll be one out of 45 members, so just keep that in mind. Commissioner Gort: Right. Commissioner Dunn: Yes, sir. Chair Sarnoff That's a diluted vote. Vice Chair Carollo: And I'm ready to vote. Commissioner Gort: No. At least we'll have a voice. Vice Chair Carollo: Of course, of course. Chair Sarnoff All right, so we have a motion. We have a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. 10-00559a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING TONY CRAPP, JR. AS THE CITY OF MIAMI'S REPRESENTATIVE TO THE SOUTH FLORIDA WORKFORCE AGENCY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0191 END OF CITYWIDE ITEMS DISTRICT 1 City ofMiami Page 152 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 10-00563 DISCUSSION ITEM DISCUSSION REGARDING CITY OF MIAMI RESPONSE TO VARIOUS CATEGORIES OF NOISE VIOLATIONS. 10-00563 Email.pdf 10-00563-Submittal-Commissioner Sarnoff.pdf DISCUSSED Chair Sarnoff All right. Mr. Manager, I have a district page item. It is a discussion regarding the noise ordinance and -- Carlos A. Migoya (City Manager): Yes, sir. Chair Sarnoff I mean, I was there with the Mayor at the Upper East Side. The City Attorney came up with what I think is a logical and cogent explanation of our noise ordinance. It's right here. I have seen and I have watched police officers make presentations before citizens describing why it cannot be enforced. Now we either have one City Attorney or we can do this by committee. You need to designate exactly what's going to go on, because I don't think -- and the Mayor was there with me. Forgive me, Mr. Mayor, but I think we were pretty clear on what we wanted to happen. And there's a significant noise problem going on in the Upper East Side because we have a number of private clubs and maybe they're not private; maybe they're illusory as private clubs making a whole lot of noise, and we don't seem to be getting any kind of result or resolution from them. So on behalf of Disfrict 2, I'm asking you what do we do? Mr. Migoya: We have sat down -- and thank you very much, Mr. Chair. We've actually sat down for the Police Department and Code Enforcement and we put a join effort together in which we're going to go forward, which I'd like the both of them to address. But, basically, what we're going to be doing is, as needed, Code Enforcement will lead in -- with support from Police. With that, ifI may, let Sergio Guadix, please, come on board and speak about it. Sergio Guadix (Chief of Code Enforcement): Yes, Mr. Chairman. Sergio Guadix, with Code Enforcement, director. As the Manager has stated, we have had meetings. And what we've decided is to start having weekends where we actually have inspectors out there checking for noise, not just on details where we go -- like right now we are going on details once a month, sometimes twice a month, and we're going to -- we're planning on having it every week where we have inspectors out there working on the weekends just on this, because that's when the problem comes up mostly. It's not so much during the week. And yes, we are -- with what we have, with the tools that we have, we can enforce. And we have been explained what the ordinance -- how the ordinance should be enforced. And we're on board with that, so that's -- that shouldn't be a problem. Chair Sarnoff You understand this in front of -- what's in front of me, right? Mr. Guadix: Sure. Yes. Chair Sarnoff And I'm going to ask the same thing of Police. Do they understand it and do you City ofMiami Page 153 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 -- willing to enforce this? Major Steve Caceres: Steve Caceres, Miami Police Department. I'm representing Chief Exposito. Yes, we're familiar. We met with Madam City Attorney and the Manager, and we're aware of the ordinance and we're going to enforce it. As a matter of fact, Officer Glasco (phonetic) just informed me that three weeks ago, he had to make an arrest for a violation, so we are making arrests and we are enforcing it. Chair Sarnoff Can I make a recommendation to you? I was going to call you commander. You used to be commander by my neighborhood, but you're major, Major Caceres. Maybe we'll make you colonel soon. But I don't think the police officers should be doing presentations where they quote the law. I think that's for the City Attorney to do. And if they have an issue that they think is unclear, you know, I think the proper protocol is -- I don't know if George Wysong is still appointed to your office, but you know, go to him. I'm sure he's going to go to the City Attorney. But there is only one attorney in this whole city that makes decisions for us and even -- sometimes I don't like her decisions, but she makes the decisions. And she thinks this is an enforceable ordinance, and I don't think it's incumbent upon a police officer or anyone else to demonstrate in front of any citizen why he or she thinks it's unenforceable so long as she thinks it is enforceable. I hope you agree with that sentiment. Major Caceres: No. I agree. And we met with, like I said, the City Manager and Madam City Attorney, and she made clear the ordinance and the enforcement of the ordinance, and we're going to continue to enforce the ordinance as written. Chair Sarnoff Madam City Attorney, you see this ordinance? Do you understand this ordinance? Julie O. Bru (City Attorney): Yes, I do. Chair Sarnoff And do you think it's constitutional? Ms. Bru: Yes, I do. Chair Sarnoff And this is what you're recommending that the City ofMiami enforce, correct? Ms. Bru: Well, this is what this Commission has adopted, so I have no choice but to tell them that this is what they have to enforce. Chair Sarnoff Is this supportable in a court of law? Ms. Bru: This ordinance, in my opinion, is lawful, and it's very similar to the County's ordinance and Miami Beach's ordinance, which has been tested in court and found lawful, except for some nuances, but it's a legal ordinance. Chair Sarnoff If, at any time, you think this is unenforceable, would you bring what you would like to see as a change, amendment, supplementation to this ordinance to this Commission so that we have the state-of-the-art enforceable noise ordinance? Ms. Bru: From the legal perspective, Mr. Chairman, this ordinance is legally sound. I think the complaint from the officers, at least the ones that I've heard, is just the issue of measuring the 100 feet. You know, how do you measure it? You know, what do you measure it with? What happens with the noise that travels up? You know, do you measure it up? Do you measure it, you know, across? So that logistic of actual measurement, I know that they have officers on the force that are better equipped to deal with that aspect of it, with the technical aspect of it. So if there needs to be -- if the ordinance needs to be tweaked technically so as to make a City ofMiami Page 154 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 measurement standard that is a little bit more technologically savvy and up to current, you know, technology, then we can do that. But as it is now, it's purposefully, I think, broad enough to be able to encompass any technology that we have available that can establish the 100 feet. Chair Sarnoff My point in asking you is when you determine that it's necessary to make a change to this ordinance, you will make that change? Ms. Bru: IfI see any situation that arises that would subject us to a challenge that could be upheld, of course I would, immediately. Chair Sarnoff Okay. Major Caceres: And -- Chair Sarnoff Go ahead. I didn't mean to cut you off. I wanted to make sure thatl understood the City Attorney's position. Major Caceres: And that's one of -- one of the recommendations was made at the meeting was the Code Enforcement is going to be a lead because we are doing the enforcements against the business. And also, if there is a time where Code Enforcement's not available, then we'll step in, of course, address it and try to mitigate the situation either through warning. If that doesn't relieve the situation, then we have to make an arrest, like we did three weeks ago, we'll make the arrest, but the enforcement aspect is going to be Code Enforcement. Chair Sarnoff All right. Thank you all very much. Mr. Manager, thank you for indulging me in this. And I want to thank you for putting this to bed really before this meeting, butl wanted to at least give the citizens the opportunity to know that you did that. And you've created an enforceable situation that you think will be resolved very shortly. Thank you. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 10-00270 DISCUSSION ITEM DISCUSSION CONCERNING PARKS IN DISTRICT 3. 10-00270 Email.pdf WITHDRAWN Chair Sarnoff Is there --? Go ahead. Vice Chair Carollo: Mr. Chairman, ifI may. I'm late for -- Chair Sarnoff Go ahead. You want to take a district page item? Vice Chair Carollo: Yeah. As a matter of fact, I'd like to withdraw both of them. I will be bringing them back, but at this time, I just want to withdraw them and I'll bring them back at a later time. Chair Sarnoff All right. Vice Chair Carollo: Both of them City ofMiami Page 155 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Gotcha. Vice Chair Carollo: Thank you. Chair Sarnoff You're welcome. Vice Chair Carollo: And if we do stay till 9, 9:30, I will come back. Chair Sarnoff Would you bring us dinner? Vice Chair Carollo: What would you like? Chair Sarnoff Depends on where you're going. D3.2 10-00407 DISCUSSION ITEM DISCUSSION REGARDING THE FIVE DAY RULE. 10-00407 Email.pdf WITHDRAWN Note for the Record: Please refer to item D3.1 for minutes referencing item D3.2. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 Non Agenda Items NA.1 10-00632 DISCUSSION ITEM INTRODUCTION BY THE CITY MANAGER OF THREE NEW DEPARTMENT DIRECTORS FOR PUBLIC WORKS, CAPITAL IMPROVEMENTS, AND GENERAL SERVICES ADMINISTRATION. DISCUSSED Carlos A. Migoya (City Manager): Mr. Chairman. Chair Sarnoff Yes, sir. Mr. Migoya: It was me, the other one -- Chair Sarnoff Sorry. City ofMiami Page 156 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Migoya: -- the other Cuban guy. Chair Sarnoff I was looking to my right and it was you. Mr. Migoya: I know. Chair Sarnoff I apologize. Mr. Migoya: IfI may take this opportunity to introduce -- I'm very proud to introduce -- we have three new directors that have started with us this week, and I'd like to be able to introduce them. First, we have a new Public Works director. His name is Nzeribe Ihekwaba, better known as Zerry for those that have problems. Thank you very much, Zerry. Applause. Mr. Migoya: In Capital Improvements we have a new director. Her name is Alice Bravo. Applause. Mr. Migoya: And we brought her so she can raise the revenue to pay for the tunnel that she's been pushing all along. And last but not least, starting this morning, new General Services Administration director, Jose Camero. Applause. Mr. Migoya: And starting tomorrow morning, for the next ten days, we will have an acting City Manager, Tony Crapp, 'cause I'll be on leave for the next ten days. Thank you. Chair Sarnoff All right. Thank you. NA.2 10-00638 DISCUSSION ITEM STATEMENT BY MAYOR REGALADO REGARDING GOVERNOR CRIST'S SIGNING OF THE RED LIGHT CAMERA LEGISLATION INTO LAW. DISCUSSED Mayor Tomas Regalado: The other matter that I like to mention is a piece of information. Yesterday the Governor signed the red light camera into law, so now this is a state law. As you know, you all discussed the issue of the red light cameras, but now it's the law of the land. It will be law in the state of Florida on July 1, 2010, and I just thought that it was an important issue to tell you. NA.3 10-00642 PRESENTATION PRESENTATION BY THE CITY MANAGER'S OFFICE REGARDING THE CITY OF MIAMI'S BUDGET. 10-00642-Submittal-Multi-Year Budget Analysis and Labor Market Context.pdf PRESENTED Chair Sarnoff All right, Mr. Mayor, now you're recognized for M.3. Mayor Regalado: M.3 is not in the agenda, but I think it's important. And the work was finished this morning, early this morning. The City Manager has what I believe is a very important presentation in terms of the budget. You all were brief not entirely yesterday, but these are the numbers. Like you just said, Mr. Chairman, the reason that we are in the front page is because City ofMiami Page 157 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 we are telling everything, and what you are going to hear now is probably what we'll read in August and September in the County, but we made a commitment to you and to the people of Miami that we will tell you exactly what we have in terms of the budget deficit, in terms of salaries, pensions, and what can the people ofMiami expect for this budget process. So I will ask the City Manager and the chief financial officer to bring you the details of what we believe is an important report to you and to the people ofMiami. Chair Sarnoff Thank you, Mr. Mayor. Mr. Manager, you're recognized. Carlos A. Migoya (City Manager): Thank you, Mr. Chair, Mr. Mayor. In the last two and a half months that I've been serving the City, I heard you, the Commissioners, I've heard the Mayor, and my visit with my employees, I heard the question, and in many different community meetings I've heard the same question, which is what happened to the money during the good years of the City ofMiami had over the last -- you know, several years that we had these great growths and everything else, what did the City do with the money? So we started doing some analysis and, frankly, as we got closer to the analysis, I felt that it was important that we get someone from outside to look at this because we want to make sure that we have good objectivity on the analysis of these numbers. And we have hired PFM (Public Financial Management) advisors, which is a group that actually has been working with us as a financial group to help us on the labor negotiations, and they also did the work -- you may recall, they were the financial advisors to the Oversight Board in 1996for the City ofMiami. And the analysis that I asked them to do was to do a cash flow analysis of the last ten years of the City revenues and expenses to understand what monies came through from a revenue perspective on the general fund side and how were those monies used. And with us here today we have one of the senior partners at PFM, Mike Nadol, and David Hoskins, who have been working pretty diligently on these numbers, and we'd like to be able to give you a presentation of what that analysis look like 'cause I think this will be quite important as we understand the current financial picture and as we look not only at the 2011 budget, but the next five-year plan as we look at the financial picture of the City over the next five years. Chair Sarnoff Thank you, Mr. Manager. You're recognized for the record. Commissioner Gort: What is the budget for the Technical Department? Chair Sarnoff You would think it's a little better, right? Chair Sarnoff Anybody want to say a few words while you're getting your technical bugs out of this? You got a microphone in your hand, don't you? Michael Nadol: Good morning. My name's Michael Nadol. I'm a managing director with Public Financial Management. As the Manager indicated, we're a national consulting firm. We've recently been engaged to provide support to the City's collective bargaining team on quantitative and analytical issues working with the CFO (Chief Financial Officer), Mr. Spring. If we can overcome our technical difficulties, hopefully shortly, this morning we're going to share with you some of the very preliminary findings from our first few weeks on the ground and also from some of the work we do nationally. We work with governments like the city of New York in their office of Labor Relations, the Common Wealth of Pennsylvania. I was just in Vallejo, California, yesterday where they're struggling with collective bargaining in the context of Chapter 9, Municipal Bankruptcy. So we have a fairly -- Chair Sarnoff Vallejo went bankrupt. Is that correct? Mr. Nadol: They are in Chapter 9, Bankruptcy. We were engaged after that occurred to help them with their labor analytics in a similar but more extreme and difficult set of circumstances than those faced here. And what we'll be sharing this morning, I hope, is just a very brief City ofMiami Page 158 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 overview of some of the context that we see for you as you're entering bargaining. First, a very brief preface on what we're seeing in terms of general trends in the national economy and public sector as relate to the pressures on workforce issues. And then in more detail, we'll focus in on the issues outlined by the Manager with regard to budget trends here in Miami and how those impact and set the context for the bargaining that's just beginning. "[Later...]" Chair Sarnoff All right. So Mr. Manager, you're now back recognized for the record on M.3 -- Mr. Migoya: Thank you, Mr. Chair. We're -- Chair Sarnoff -- which is the budget and deliverables. Mr. Migoya: -- I think we're -- Chair Sarnoff And if you would, please start all over again. Mr. Migoya: Yes. If we might, we're going to get Mr. Nadol to start all over again. Basically, what we've been doing is, since you -- as we have heard over the last two and a half weeks -- two and a half months, people have been asking how the funds have been used for the last ten years, so PFM is here to give us a cash flow analysis, of which they did on our revenues and expenses for the last ten years. Mike Nadol. Mr. Nadol: Thank you for the opportunity to join you today. Just as a preface to that analysis as requested by the Manager, we've brought a little bit of information about what we are seeing nationally and how the specific budget dynamics that are here in Miami are in many respects part of this difficult national story. As you see on the slide now on the screen, Miami is not alone in having experienced revenue decline as a result of the longest recession since the end of the Second World War. As a -- nationally, state and local tax revenues across the nation declined by more than 5 percent last year. And one of the major Wall Street rating agencies, Moody's Investor Service, has a negative outlook on the entire state and local government sector with an outlook expected to remain negative well into the year ahead, not only the end of this year. As a result of those kind of fiscal pressures, because local governments are labor intensive, because it's people who patrol the streets, who fight fires, who deliver core municipal services, workforce issue have become a central part of how governments have had to address those declining revenues and manage within more limited means. In the most recent survey from the National League of Cities, more than nine out of ten finance officers nationally are in the position of having to cut their budgets this year and as a result of that, more than two-thirds are reporting hiring freezes, layoffs, and other kinds of furloughs. And difficult cost containment measures are commonplace. Unfortunately, even if the national economy continues to experience some of the positive signs that we've seen in recent months where there has been job creation nationally at the start of this year where we are seeing some growth in gross domestic product, local governments tend to see a significant lag in terms of when any recovery positively benefits their budget. If you're thinking about property tax revenues, those are based on bills sent out many months earlier, based on assessments conducted many months earlier. There's this lag before any kind of recovery benefits the bottom line of municipal governments. If you look at other forms of revenues driven by consumer spending and you're still experiencing high unemployment with a large number of people out of work, which is something that does continue for years even after a recession begins to end and the economy turns around, you see depressed revenues as a result of that. The chart on the screen now shows in the last two recessions that the nation experienced, city revenues reached their low point two years after the trough of a recession. And further adding to the difficulties ahead, there's an underlying structural budget challenge that's faced by state and local governments across the country. The graphical on this page is from a March report ftom the federal government Accountability Office where they've developed a City ofMiami Page 159 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 simulation model of the budget picture for the entire state and local sector nationally. And underneath their analytics, the fundamental story is that in the best of times, governmental revenue struggle to keep pace with economic growth because of the way our tax structures are designed. But even in those best of times, budgetary pressures on the spend side, largely health care and health -related benefits and expenditures and also increasingly pension benefits in the costs of long-term liabilities are growing at rates well in excess of the overall economy and are creating a gap that, absent some kind of corrective action, is going to grow even if the economy bounces back. You see here on slide six how those benefit costs in the national economy here reflected as health care premiums paid by employers have grown at a rate more than three times faster than consumer prices, more than workers' earnings, or than the economy as a whole. This is over the past decade, but those same trends of double-digit underlying health care growth continue. And then as we turn to the issues of retiree liabilities, particularly in the public sector where traditional defined benefit pension remain prevalent, you have A triple whammy that is driving up employer pension contributions to a very difficult degree in terms of sustainability. You have baby boomers who are now reaching their retirement years and a significant increase in the number of retirees. You have longer life expectancies, which is a wonderful thing that we hopefully all look forward to, but it does involve more years of providing benefits to now more people. And compounding those fiscal challenges, the recent losses in the markets with investments held by most pension funds has made it much more difficult to fulfill those obligations and is requiring increasing levels of contributions to address those funding needs. To help deal with that challenge, we are seeing in our work -- Commissioner Suarez: Mr. Chairman, can I just ask one quick question? Chair Sarnoff Yeah, please. Commissioner Suarez: Just a quick question. I'm sorry to interrupt him. The pension system, isn't it also, to a certain extent, based on kind of an inverse pyramid? In other words, my parents -- my dad has 13 brothers and sisters. He came from a big family. We only have four. So it's kind of a declining population as well in terms of a generational declining population from the perspective of you know, the retirement system kind of piggybacks on the shoulders of the, you know, next generation who pays it for the prior generation who is retired. Mr. Nadol: That's -- Commissioner Suarez: Is that fair to say? Mr. Nadol: -- certainly one of the challenges that's based in terms of the national economy, the Social Security system that we're all part of. What happens at a municipal level can parallel that same dynamic, particularly if you have an older city, a city that has not been growing very quickly or has even been experiencing population decline because in those context, you may have had a larger workforce once and now have a smaller workforce that's required to support your legacy, history as a bigger city. That's something we see in a place like Pittsburg, for example, which has lost more than, you know, 40 percent of its population in recent decades. In a fast-growing city, in a suburb that's relatively young, now has an active tax base, but 20 years ago was much more rural, those challenges aren't as gray. So a lot depends on the underlying character of a city. Miami being a mature city does face more of those challenges than a typical suburban community that's only grown in more recent decades and has fewer retirees relative to its current economic activity. So in terms of how different places are dealing with these challenges, what we are now seeing across the country is a growing focus on rethinking retirement benefits. It's a difficult thing to do, but even in states like New Jersey, like New York, like Illinois that have traditionally been very strong pro -worker states, union friendly states, places that respect the important work that public employees do, the need to sustain those benefits for the long term by restructuring to achieve a more affordable framework has been reflected in some pretty significant changes. Just over the last few months in terms of increased City ofMiami Page 160 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 retirement ages for normal retirements, increase requirements for years of service, for pension eligibility, different kinds of restrictions to sustain benefits that preserve people's dignity in retirement, but that do so in a more affordable and sustainable way. And the theme that we're seeing again in our work around the country is that many of our clients view the changes they are being required to make now in the context of this very severe recession that we're hopefully just coming out of as being changes that will have to be sustained to a large degree going forward because of these structural challenges that the recession surfaced but that were there all along and that will continue as we struggle over the next several years to come out of that recession. The cliche around this has been to think about a new normal, a new way of doing business that has to continue beyond the current crisis, something that roughly two-thirds have responded to national surveys in the world of city and county management have cited as what they see going forward. Chair Sarnoff I just want to laud you for that new normal. Mr. Nadol: Okay. So in that context, I'm now going to ask my colleague, David Hoskins, who's been working closely with your staff Mr. Spring, and his team in particular, to outline some of what we've seen in terms of the City's own revenue expenditure trends over the past decade David Hoskins: Thank you, and good morning. As the City Manager mentioned, we were asked to take a look at multi year budget history trends, and I'll start here with the City's revenues both historically and also projected. Revenue increase on average, 7.7 percent from fiscal year 2000 to 2007. However, since 2007, it's actually decreased in fiscal year '08. It decreased 3.6 percent; fiscal year '09, decreased .2 percent; and then continued decline as expected through fiscal year 2012. Overall, from fiscal year 2000 to 2009, which is the time period we'll be looking at in this analysis of ten years, revenue increased on a net basis by $178.2 million, which is about 60.8 percent. Mr. Nadol: I would just further note that at the end of that five-year forecast period, you still don't get back to where you were at the peek. So again, that even with some renewed growth going forward, it's a long road. Mr. Hoskins: That is a good point. Looking next at expenditures out of the general fund, mirroring the pattern a bit, increased from 2000 to 2007 and then decreased, although not as much as revenues did, in fiscal year '08, and increased slightly in fiscal year 2009. These -- this -- the revenues and expenditures are simply revenues and expenditures. They do not include transfers in or out of the general fund. The next slide though -- Chair Sarnoff Wait, wait. So can I ask a question? Mr. Hoskins: Sure. Chair Sarnoff Just so I understand slide 11 and slide 12. You're telling us that from 2000 to 2009, just on a revenue side, we took in 178.2 more million dollars from 2000 to 2009? Mr. Hoskins: Yes. Chair Sarnoff That demonstrates a 60.8 -- 61 percent increase in revenues. But you're telling us, we spent from 2000 to 2009, 244.5 more million dollars, which represents an 86 percent increase in spending. So we're off by 26 percent. Mr. Hoskins: Right. And again, in there we're not including transfers in, transfer out of the general fund. Chair Sarnoff And just for the public, when you use the word -- City ofMiami Page 161 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Hoskins: Sure. Chair Sarnoff -- transfers in in a colloquial sense, we didn't go into our savings account? Mr. Hoskins: Not necessarily, 'cause there could be -- maybe Larry can speak to that, but -- Larry Spring (Chief Financial Officer): If you will. Chair Sarnoff Can you do it in a real -- Mr. Spring: Very simple way. Chair Sarnoff -- rudimentary basis? Mr. Spring: Absolutely. Larry Spring, chief financial officer. Part of the transfers in from other special revenue accounts are recurring in nature, but they are pledged to pay debt first. So they satisfy their primary purpose first and then they get transferred in. On the other side, same thing. You have some contributions out to, A, public organizations, our match that we do for our CDBG (Community Development Block Grant), for our -- supporting senior feeding programs. That gets transferred out, and for the last several years, it's on a recurring basis. So this is really showing you kind of a real static, revenue -sharp -only general fund expenditure, only sharp general fund. Chair Sarnoff Which would -- which does not include us going into our savings account? Mr. Spring: Correct, overall. Yes. Chair Sarnoff Okay. Mr. Hoskins: I think the next slide starts to get at your point a little bit. If you look -- I'm on slide 13. Here, we include net income and net expenses, so that would include any funds coming in or going -- in from other funds and out from the general fund. And then the kind of piggybank that you're talking about is the general fund balance, which although kind of started up at about $142 million at its peek in FY02 and '03, was drawn down; and at the end of fiscal year '09, stood at about $40 million. I'm next looking at expenditures by department or really kind of major cost center. Vice Chair Carollo: Sorry. Mr. Hoskins: Sure. Vice Chair Carollo: I'm sorry. Quick question. That was due to the transfer of the 50-some million that we did, correct, the last one? Chair Sarnoff Is it inclusive of that? Vice Chair Carollo: Right. So it's not that it was the additional expenses. It was the transfers because of previous years CIP (Capital Improvements Program) funds, correct? Mr. Spring: Correct. In Fiscal year '09 closing, you know, we closed at -- Vice Chair Carollo: Right. Mr. Spring: -- just that 58 million; 28 million of that was additional transfer out back to the CIP City ofMiami Page 162 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 fund -- Vice Chair Carollo: Exactly. Mr. Spring: -- to cover those issues. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Yeah. Commissioner Suarez: Part of that too is --and I'm assuming that's true for other years -- bad forecasting, which is -- in other words, we're forecasting revenues at `X" and they're coming in substantially less. I think in fiscal year 2009, it was 17 million. And that's kind of where I was getting at with the Miami 21 thing, which is, you know, we should -- we need to analyze everything now because we're so low in our reserves, we need to analyze everything and look at everything through the lens of the fiscal impact that it's going to have. So you know, we need to be on our toes because anything that we have, it has a $5 million dollar -- $3 million fiscal impact, $1.5 million fiscal impact. I mean, its extremely damaging at this point. So that's kind of going back to the last point. Go ahead, Larry. Mr. Spring: Can -- ifI can be recognized, Mr. Chair? Commissioner Suarez: I mean, with the Chairman's permission. Mr. Spring: Oh, okay. Chair Sarnoff Oh, I'm sorry. Go ahead. Mr. Spring: To your point, Commissioner Suarez, you are correct in a certain sense. What I'd like to add to that is while we do have the issues with forecasting revenues and it not coming in, in some of those years there was a deliberate budgeting of use of the fund balance, so it wasn't necessarily -- we're going to -- we didn't know that we were going to have to tap into the fund balance. And a good case in point, the year of 2006, we had a surplus that year. Well, by virtue of the Financial Integrity Ordinance, any department -- well, the four departments, which are Parks, the elected officials, IT (Information Technology), Public Facilities, by virtue of the ordinance, whatever their surplus was, we have to give it back to them in the following fiscal year. So in that year, we actually budgeted to use our fund balance to satisfy that legal requirement. So it's kind of a mix of -- Commissioner Suarez: I understand. Mr. Spring: -- forecast being off -- revenue forecast being off expenditure going over, over time, or this and that and the other, and also that deliberate budgeting of use of fund balance. Chair Sarnoff There was also one year, Larry, that we decided to put 200 police officers on the street. Mr. Spring: Right. Chair Sarnoff That we decided we were going to go into -- we knew we were going over, but we decided that we were going to put a lot of cops on the street, so -- Commissioner Suarez: Was a public policy decision. Chair Sarnoff Right. City ofMiami Page 163 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Hoskins: So going back to expenditures again -- this is by kind of department or, I'll say, major cost area because I do include here -- 'cause they are sort of allocated centrally rather than to departments -- pension costs, as well as Risk Management, which does include group health benefits. So these are the top five increases in terms of dollars among those groups from fiscal 2000 to 2009. The Police and Fire Department expenditures were the largest absolute dollar increases. They went up $61.4 million for the Police Department and $52.8 million for the Fire Department. Again, that does not include pension and health benefit costs. Those top five City departments, including pensions and Risk Management and group benefits, totaled $193.2 million, and that total increase was 93.8 percent over this ten-year period. If you look at -- to compare that to general fund revenue growth, just these five areas are actually -- the dollar amount that they grew by over the ten years is greater than the amount that revenues grew by over that same period. Chair Sarnoff So, again, you take $178 million and you see that we, in these just five departments, overspent by is 193 million. You could do the subtraction to see that you're already over budget. Mr. Hoskins: Yeah. Chair Sarnoff Well -- Mr. Hoskins: I don't know that I'd use the word "over spent," but -- Chair Sarnoff -- I -- you're right. I'm being too expansive. The revenues did not increase at the rate of our expenditures in these five departments? Mr. Hoskins: That is correct. Chair Sarnoff Right. I -- you're right, I was too broad. Mr. Hoskins: Next, looking at expenditures by kind of major government function. And while it looks like some of these may have actually gone down because the slice of pie decreases, all of these functions cost actually increased. But the one thing I do want to point out on this slide is the red piece of pie, which is pension, increased as a share of total general fund expenditures from 6 percent in fiscal year 2000 to 13 percent, so it actually doubled its share, which meant, you know, having to quadruple its actual dollar amount over that same period. Looking at total personnel costs, and depending on how you define those, they're -- personnel costs are approximately 80 percent of the City's expenditures, maybe slightly more. And this is not all personnel costs, but this IS cash compensation to employees, City pension contributions and City contributions to health benefits. Those numbers total $414.9 million in fiscal year '09 just from those three items. Growth in those costs was $205 million from fiscal year 2000 to 2009, and that was actually 15 percent higher than that $178.2 million growth in revenue number we've been talking about Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yeah, you're recognized. Commissioner Suarez: Thank you. Is it fair to say -- I don't see it in these slides for some reason, but is it fair to say that over the last ten years, 93 percent of our revenue has been dedicated to employee costs of one shape or form of another? Mr. Hoskins: It would depend on the year, but it's certainly (UNINTELLIGIBLE). City ofMiami Page 164 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Suarez: My question is, over the last ten years -- Mr. Hoskins: Right. Commissioner Suarez: -- is it fair to say that for every dollar that we have generated in income, in revenue, over the last ten years, 93 percent of it has gone to employee costs? Mr. Migoya: IfI may. In the year 2000, 71.6 percent of revenues went to compensation, I mean, in these three items. In the year -- Chair Sarnoff Are you saying -- Mr. Migoya: -- 2009 -- Chair Sarnoff -- compensation -- Mr. Migoya: -- meaning -- Chair Sarnoff -- in terms of deferred and present, or are you're just saying --? Mr. Migoya: Yes. I'm talking about cash benefits and pension, which is what -- Chair Sarnoff Okay. Mr. Migoya: -- these three charts are. Chair Sarnoff Just -- thank you. Mr. Migoya: Seventy-one point six percent in the year 2009, that number was 88 percent, strictly on compensation, including benefits. Commissioner Suarez: But I think my -- I think I understand what your question -- what your statement is, but I think my question is a little different. My question is of the revenue that we generated between the year 2000 and the year 2010 -- Mr. Hoskins: Right. Commissioner Suarez: -- my understanding was that 93 percent of that revenue that we've generated has gone to employee cost. And I think it goes to the first statement that you made, Mr. Manager, when you were going to initially begin the presentation where you said people asked where has the money gone. And so I think it's important -- Mr. Hoskins: It's actually more than 100 percent. Commissioner Suarez: More than 100 percent? Mr. Hoskins: It's 15 percent greater, so its 115 percent (UNINTELLIGIBLE). Commissioner Suarez: So -- okay. Wait. So let me get this on the record 'cause I -- this is important to understand. Of all the revenue that's been generated from the year 2000 to the year 2010, all of the revenue -- the new revenue that's been generated -- Mr. Hoskins: Just general fund. Commissioner Suarez: --115 percent of that revenue has been used for employee costs? City ofMiami Page 165 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Mr. Hoskins: Well, the -- I'll say that the increase in these cost was 115 percent greater than the increase in revenue over that same ten-year period. Commissioner Suarez: Just wanted to -- I just wanted to clarify or just to answer the question of where has the money gone. A hundred and fifteen percent of it -- apparently, more than we have available or more than what we've -- not available; more than what we've generated has gone to employee costs. Just want to clarify that for the record. Commissioner Gort: (INAUDIBLE). Commissioner Suarez: What's that? Commissioner Gort: (UNINTELLIGIBLE). Commissioner Suarez: Yeah. Commissioner Gort: To increase revenue. Chair Sarnoff Unless it transfers in. Yeah. Mr. Hoskins: The next slide looks specifically at growth in pension contributions, although compares that to growth in total compensation -- cash compensation, thank you, as well as general fund revenue. General fund revenue grew 60.8 percent; total cash compensation, all payments to employees, grew at 72.8 percent, but we see pension contributions from the City growing over the ten-year period from -- at 316.4 percent. This next slide looks at historical pension costs. It also includes the FY10 budgeted amount to show there was a dramatic increase from FY09 to FY10. So we started at the $16.1 million back in 2000, up to about $67 million contribution in FY09, and up to 90.5 million in FY10. This is all occurring at the same time while revenue growth weakened. Looking now at head count in the City, head count did increase if -- overall at least, if not in each year. Went up about 13.9 percent ftom fiscal year the 2000 to 2009; increased from 3,380 employees to 3,850 employees. I mean, actually -- Commissioner Suarez: Mr. Chairman. Commissioner Gort: (UNINTELLIGIBLE). Chair Sarnoff Wait. Let's recognize Commissioner Suarez. We'll come back to Commissioner Gort. Commissioner Suarez: Thank you, Mr. Chairman. I just want to again put on the record that the gentleman seems to say that in the last ten years, our -- the number of our employees, the head count has increased 14 percent approximately, while compensation -- well, compensation has increased 72.8 percent, and our pension obligation and our pension cost have increased 316.4 percent, so I just wanted to juxtapose those two numbers for the benefit of the people who are here watching today. Chair Sarnoff Commissioner Gort. Commissioner Gort: Nothing. Chair Sarnoff Okay. Commissioner Gort: (UNINTELLIGIBLE). City ofMiami Page 166 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff Same thing. All right. Mr. Hoskins: Okay. So looking now again -- just taking the largest ten City departments to kind of see where some of this growth occurred, those ten largest departments as of fiscal year '09 -- and these ten departments accounted for about 93 percent of the total increase in budgeted full-time equivalent -- or full time -- actually, full-time employees over that ten-year period. The largest increase in term of the number of employees was the Fire Department gained about 120.4 employees, 18.7 percent increase. Total full-time employee growth from fiscal year 2000 to 2009 was about 14 percent. Again, and at the same time, this total compensation grew by about 52 percent over the same period. The table on the bottom of this slide includes both the number of full-time employees in each department in 2000, the number in 2009, and what the change was -- and then on the right-hand side of the table shows the average cash compensation, so just total cash compensation by department divided by the number of full-time employees in that department, and then the change in each one of those, so you'll see -- you know, the largest growth in terms of cash compensation per employee occurred in the Fire Department 72.1 percent growth there; other departments, those seeing a range from 25.6 percent, again, up to about 72 percent. Mr. Nadol: So with workforce costs, again, because of labor intensive nature of local government representing well over three quarters of your budget, as you now are experiencing this period of revenue decline and stagnant revenue growth for the -- at least the next several years looking forward, one of the challenges is how to manage that. And the equation around workforce costs is, at its core, fairly simple. It's how many people do you have multiplied by how much do you pay per employee. And you see on this chart the history over the past decade of growth in the number of employees as during the good years that the City experienced for much of the past decade with strong revenue growth, you were able to invest in some incremental improvements to services by adding additional personnel, and that's the blue line at the bottom of the graph, which does grow modestly over the course of the decade. What you see in the red line that's growing at a much faster rate is the cost per employee, which is, to a large degree, driven by these very difficult benefit cost trends that you see across really the national economy and that -- create that tension. Commissioner Suarez: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Suarez: IfI may. I just wanted to kind of have you, if you don't mind, repeat what you just said because I thought -- you touched on a very interesting issue. You said we've kind of marginally increased our ability to provide services while incredibly, dramatically increased the compensation by which we pay for that marginal increase in our ability to provide services. So it seems like the reverse would be that we could -- without reducing our services, we could kind of make a significant impact on our budget. Mr. Nadol: Again, that's the tension. That's the challenge that when you don't -- when you have limited resources, when the pie is not growing and you still need to slice it up, are you going to continue to take on increased cost per employee, which almost inevitably implies reducing the size of the workforce or are you going to fry to contain the cost growth on a per employee basis in order to at least maintain services, if not hopefully make targeted investments. Now, I do want to note that of course there's not a one -for -one correlation between head count and services. There are ways to achieve efficiencies through technology and better service delivery mechanisms and eliminating redundancies and all the rest of that, but when you're talking about public safety, when you're talking about basic public works functions, park maintenance, programs, there is a close correlation between head count and services. Commissioner Suarez: Mr. Chairman. City ofMiami Page 167 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff You're recognized. Commissioner Suarez: Thank you. I just want to commend the City Manager and the Mayor for this, for going in this direction, and for giving us the information that I think is critical to make the kinds of decisions that we're going to have to make going forward. And again, I think it was an analysis that can be considered by some very intelligent people to be a game changer. Mr. Nadol: Just to -- I appreciate that. There's two last slides to share with the Commission. The next slide on 22 contrast the average base wage or straight -time earnings for City ofMiami employees, which is the darker bar on the left, in contrast to regional average earnings in the general labor market on a straight -time basis. And you see that the average City employee is earning close to $70, 000 in base wages. The next set of bars to the right includes over time and other forms of cash compensation where that average is over $75, 000 in '08 relative to a median household income in the City of less than $30, 000. And that's not to suggest that there aren't some very good explanations for some of that differential. Some of the jobs that your City employees perform involve law enforcement, putting people's lives on the line; involve technical skills for municipal engineers or IT professionals. So it's not an apples -to -apples comparison, but what it does highlight is the challenge of continuing to sustain your workforce cost structure when the City's local tax base consists of so many people who are struggling to get by in these difficult economic times. And as just a further illustration of that latter dynamic, the final slide in our presentation is taken from Federal Bureau of Labor Statistics data for the area. And the lighter blue line shows the declining frend in total compensation growth across the U.S. economy as the recession has deepened and its effects have hit the workforce and labor market generally across the nation. The red line is that same frend of declining cost growth in Miami. And what you see is that not that long ago Miami's residents in the general public, not the municipal workforce, were experiencing compensation growth a little better than the country as a whole because of some of the good times that the area was enjoying, but as the downturn has hit, it has hit this area harder than even the overall national economy, and the folks out there in the general labor market are hurting to an even greater degree than folk in the national economy. Chair Sarnoff If you would, one of the -- I don't see it on your slide, but correct me if I'm wrong. My understanding is that the national average is that the private sector workforce has experienced a 17.2 or 17.1 percent decline in wages -- Nadol: I'm not familiar with that -- Chair Sarnoff -- since the recession. Mr. Nadol: -- specific statistic. That's something we can seek to confirm for you. Chair Sarnoff Would you confirm that for me? Mr. Nadol: Sure. Chair Sarnoff 'Cause it's my understanding that all of us sitting out there have experienced on average, that don't work for government, a 17 percent decline in our wages. What you're saying in slide 22, the City ofMiami average straight -time earnings, what does that mean? Is that without over time? Is that without what we call deferred comp? Is that without special comps? Mr. Hoskins: That's correct. Yeah. It only includes base salaries and wages. Chair Sarnoff Why would you make that computation? Isn't that unfair? Mr. Hoskins: Well, because that -- the statistic we're comparing it to, which is from the Bureau of Labor Statistics -- City ofMiami Page 168 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Chair Sarnoff You think you're comparing apples to apples? Mr. Hoskins: Those earnings don't include over time, they don't include supplemental pay, which most private industry employees are not getting anyway, but -- Chair Sarnoff Do you know what the average City ofMiami employee in terms of his regular compensation is? And then do you know what the average City ofMiami employee takes home in terms of regular compensation plus over time, plus special comps? Mr. Hoskins: I don't have those exact figures with me, but I can -- Chair Sarnoff Could you get those? Mr. Hoskins: Absolutely. Chair Sarnoff And then could you break it down by Police, Fire? And then could you further break it down by --? There -- I think there's Civil Service rank captains, lieutenants, sergeants, so I know what the average -- let's say what the average sergeant in the City ofMiami make, and I want to know with over time, and then I want to know with, I think the word we use here is special comps. Mr. Hoskins: Right. Chair Sarnoff Same thing with lieutenant, City ofMiami Fire Department. You know, what is the base rate? There's something -- expression I use. It's called the "all -in." All -in means what does he cost the taxpayer. But I'd like to see a breakdown. Mr. Hoskins: Okay. Chair Sarnoff And the same thing for plumber in the City ofMiami. I want to know, you know, what a AFSCME (American Federal, State, County, and Municipal Employees) employee, I guess it would be, earns. And I know AFSCME covers a broad spectrum of people. I'd like to know what a secretary earns in the City ofMiami, again, broken down by various categories. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: I wanted to ask a question, if we can go back to slide 22, please. I see the comparative analysis with the employees versus local and metropolitan area. Could you clarify for me how we size up or measure up against -- at the national average? Do you have those figures or --? Mr. Hoskins: I don't have that on me. I could get it very quickly for you and -- Commissioner Dunn: Yes, just so we can -- Mr. Hoskins: -- let you know. Commissioner Dunn: And especially cities comparable in size to the City ofMiami. Chair Sarnoff You know, Commissioner, I have a very interesting study that was provided to me by my office, and I'm going to share this with all the Commissioners, and I think the City Manager should look at this as well. This is the city ofAtlanta. City ofMiami Page 169 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: Okay. Chair Sarnoff It's their 2009 overview and proposed budget summary. Now in this they have a very -- the mayor, I think, is an African American woman. Commissioner Dunn: Yes, yes. Was. Chair Sarnoff Was. Well, I'm really talking about her because I think -- Commissioner Dunn: Shirley. Chair Sarnoff -- she's been there for almost a decade. Commissioner Dunn: Right. Chair Sarnoff She saw something coming very early and was criticized for seeing something coming. She took over -- I understood she had an employee base of about 5,700 people. In 2010 she had reduced the number of employees to just below 4,000. And she took -- and remember, the city ofAtlanta, between 2001 and 2010, increased its size by 25 percent. The City ofMiami, we're not sure, yet, what our increase is. I'll bet you we're on par. The city ofAtlanta is a much larger city. It has more -- it performs more functions than the limited scope and duties and jurisdiction of City ofMiami. I will tell you this, in the city ofAtlanta's proposed budget, they compare themselves to the City ofMiami. So if you'd like to see this, the comparisons are interesting. Commissioner Dunn: Absolutely. Chair Sarnoff We don't come out horrible. As a matter of fact, I can tell you, one of the cities that comes out pretty bad, St. Louis and a few others. But we're not -- we're higher per capita in terms of the number of employees than other cities are, Denver, Charlotte; you know, cities comparable to our size, so we're in the mix. We're in the middle. Our biggest problem, quite frankly, I think, is the amount of compensation we pay, not necessarily the head count. But this study will show you how Atlanta came up with its analysis, and you'll see how their mayor reduced its head count. And remember, they run the International Airport. Commissioner Dunn: Oh, yeah. Oh, yeah. Atlanta. Chair Sarnoff And if you don't know, that is the busiest airport -- Commissioner Dunn: In the country. Chair Sarnoff -- in the United States. Commissioner Dunn: Right. Chair Sarnoff So they also run BART (Bay Area Rapid Transit), which is their transit. Commissioner Dunn: Right. Chair Sarnoff They take on a lot more obligations than we do. But I'll share this with you and I'll make sure that every Commissioner gets a copy of this. And Mr. Manager, you should be aware of this as well. Commissioner Dunn: So thank you. City ofMiami Page 170 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Oh, I'm sorry. You're recognized. Vice Chair Carollo: The information that you requested, can each Commissioner also receive the same information? Chair Sarnoff That should go across-the-board. Vice Chair Carollo: Thank you. Mr. Hoskins: Thank you. Chair Sarnoff Thank you. Mr. Migoya: Thank you very much, Mr. Chair. Mayor Regalado: Thank you, Mr. Chairman. Chair Sarnoff Mr. Manager, do you want to sum up or say anything? Commissioner Gort: Mayor. Mr. Migoya: Well, basically, in summary, and it's obvious that if you look at the overall expenses, which is the numbers that was looking at, that our compensation as it relates to revenues that we've been seeing all along is running around 80 percent. It really went from 71 percent to 88 percent over the last ten years, and it's in fact all incremental revenues, plus more has gone to employee benefits. So when people have said where the money has gone over the last ten years from incremental growth, it -- all of it has gone to salaries and benefits to our employees. Chair Sarnoff My understanding is you were reactive to every Commissioner who was barraging you, rightfully so, with questions, and you were reactive to the public services, Fire, the Police Department, saying where has all the money gone? Mr. Migoya: And basically, that's what it was. As I heard from you not only here in the Commission meetings but individually, and the Mayor, and as well as our employees and many community people, what happened to all the great times. Where did all that money go? It's obvious not only 100 percent of the increase, but 115 percent of that increase went towards employee costs. What's interesting is that our head count really has not grown that badly. The head count has grown at a rate of 1.3 percent a year on a compounded rate, when you look at that 14 percent. But your -- the compensation has grown dramatically above that, where the average employee has been getting in the City ofMiami an average of 4.3 percent increases and strictly on cash compensation. That doesn't include health care or pension, which are dramatically even bigger numbers than that. Chair Sarnoff Okay. Any Commissioners have any questions or comments? No. All right. Commissioner Gort: (UNINTELLIGIBLE) study. Chair Sarnoff Thank -- I -- you know, whatever its worth, my hat's off to you. This is something I think the City ofMiami badly needed to see. And if the numbers -- anybody that wishes to contend the numbers, they should do so. If we're wrong, you should show us how we're wrong. If our math is bad, you should show us how our math is wrong. But the best of your ability, you City ofMiami Page 171 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 hired a private corporation outside of the City ofMiami so there would be no bias involved, correct? Mr. Migoya: That's correct. And they looked at it fi^om our audited statement. They didn't look at it from internal books. They were actually -- they went into our internal books to see what information was not there, but predominantly, 90 percent of this information came out of our CAFRs (Comprehensive Annual Financial Reports), which are basically our audited statements. Chair Sarnoff Do you think this information was so carefully calculated based on audited financials and based on the fact that you hired a credible firm that, if need be, you could even show this information in a court of law? Mr. Migoya: I hate to sound like our Vice Chair, but I am not an attorney, so I'm not willing to opine on that, but I'm -- obviously, I feel strongly enough about the information that is here that I'm presenting it to you and by the same time, I'm presenting it to our employees as well as our public, so -- Chair Sarnoff Okay. Mr. Migoya: -- that's strong enough for me. Chair Sarnoff Thank you. Commissioner Dunn. Commissioner Dunn: No. I just wanted -- Mr. Chairman, thank you. Chair Sarnoff Yeah. Commissioner Dunn: I want to thank you and the Mayor and the Administration for an open and transparent process. Mr. Migoya: Thank you. Chair Sarnoff Thank you. NA.4 10-00634 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED", BY CREATING A DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00634 Cover Memo SR.pdf 10-00634 Legislation SR.pdf 10-00634 Map SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Noes: 1 - Commissioner(s) Suarez Note for the Record: Based on the discussion on item EMI (File ID: 10-00570) and the City Attorney's comments on same, this ordinance (File ID: 10-00634) is created and was passed on first reading. City ofMiami Page 172 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Julie O. Bru (City Attorney): So if somebody -- Chair Sarnoff So itpasses on -- Ms. Bru: -- wants to make a motion to pass it on first? Chair Sarnoff Isn't that considered a first reading then? It would fail on a second reading, but Ms. Bru: Well, I guess -- Chair Sarnoff So itpasses -- Ms. Bru: -- we could consider it. And -- Chair Sarnoff -- as a first reading. Ms. Bru: -- we had announced that, initially, if it didn't pass as an emergency, we would consider it -- that it pass on first reading, so -- Commissioner Dunn: Okay. Ms. Bru: -- we will advertise it, and it'll come back to you on May 27. Commissioner Dunn: Okay. Chair Sarnoff Thank you. Vice Chair Carollo: And Mr. Chairman, just for clarity, so it passes on first reading. Commissioner Gort: Right. Commissioner Dunn: Still moves forward. Vice Chair Carollo: Okay. It just didn't pass on emergency? Commissioner Gort: Right. Vice Chair Carollo: Well, I would have voted for it on first reading. I just didn't want it to pass on an emergency, whatever. It passed on first reading, right, and it's coming back to the Commission? Chair Sarnoff Correct. Vice Chair Carollo: Okay. Pamela L. Latimore (Assistant City Clerk): Chair. Vice Chair Carollo: That's -- Chair Sarnoff Yes. Ms. Latimore: But the motion was for an emergency. Vice Chair Carollo: Exactly. City ofMiami Page 173 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Commissioner Dunn: So we need to do another one then, huh? Vice Chair Carollo: So we need to do it now -- Ms. Latimore: So you need to go for the first reading vote. Chair Sarnoff Right. Commissioner Dunn: Go ahead. Vice Chair Carollo: That's what I thought. Commissioner Dunn: Go ahead. Ms. Bru: No. If you want, just to get the record absolutely clear and because there's an expression that somebody, you know, wants to vote as an affirmative vote, then if you want to -- someone wants to move it on first reading. Chair Sarnoff All right. Is there a motion to move it on first reading? Vice Chair Carollo: So moved. Chair Sarnoff Motion by Commiss -- by the Vice Chair, second by -- Commissioner Gort: Suarez. Chair Sarnoff -- Commissioner -- nope, not by Suarez. Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Any further discussion on the record, gentlemen? It is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: No. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chair Sarnoff? Chair Sarnoff Yes. City ofMiami Page 174 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 NA.5 10-00645 Office of the City Clerk Ms. Latimore: The ordinance passes on first reading, 4-1, as modified. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING HATTIE WILLIS AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. 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 NA.6 10-00629 R-10-0206 Chair Sarnoff All right. BC.17. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: I want to replace -- Chair Sarnoff Go ahead. Commissioner Dunn: But don't know ifI need to make a motion for this. Chair Sarnoff Go ahead. Commissioner Dunn: Okay. Replace Hattie Willis with Albena Summer [sic]. Chair Sarnoff All right. This is on this board, correct? Commissioner Dunn: That's correct, on the -- Chair Sarnoff All right. Commissioner Dunn: -- Homeland Defense. Chair Sarnoff Gotcha. All right, is there a motion? Motion by -- Commissioner Gort: Should be (UNINTELLIGIBLE). Chair Sarnoff -- Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. EXECUTIVE SESSION City ofMiami Page 175 Printed on 6/8/2010 City Commission Meeting Minutes May 13, 2010 Office of the City DISCUSSION CONCERNING THE SCHEDULING OF AN EXECUTIVE Attorney SESSION FOR MAY 27, 2010 AT 2:00 P.M., CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING CONSOLIDATED LITIGATION CASE OF: COLINDRES VS. CITY OF MIAMI, CASE NO.: 07-13294 CA 03 10-00629 Cover Memo.pdf 10-00629 Ad.pdf DISCUSSED Chair Sarnoff All right. We're going to have a CRA (Community Redevelopment Agency) meeting. Why don't we take a true ten-minute break and only ten minutes? Commissioner Suarez: We have to adjourn our --? Julie O. Bru (City Attorney): Mr. Chair. Chair Sarnoff Yes. Ms. Bru: Before you break -- Chair Sarnoff Oh, you have a pocket item. Ms. Bru: -- I have a pocket item. Chair Sarnoff Wait. There's a pocket item. Ms. Bru: Mr. Chair, I'd like to -- and members of the Commission -- pursuant to the provisions of Section 286.011(8) of the Florida Statutes, I am requesting at the next City Commission meeting ofMay 27, 2010, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case ofMelvin Colindres and Alma, as personal representatives of the estate of Kevin Colindres, deceased, and individually, versus the City of Miami. This is case number 07-13294, which is pending in the Circuit Court of the Eleventh Judicial Circuit, in Miami -Dade County, Florida. The subject of the meeting will be confined to settlement negotiation or a strategy session related to litigation expenditures. Chair Sarnoff So we need to -- do we need to do a motion or do you --? Ms. Bru: No. This is just a request. I think, as a matter of past practice, you've always scheduled these -- 'cause I do have to now advertise this. You've always scheduled these meetings to commence immediately after the lunch recess. And unless you indicate otherwise, that's the way we will advertise it. Chair Sarnoff And Mr. Manager -- then we're done with that. You're going to make that advertising. Adjournment A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Carollo absent, to adjourn today's meeting. City ofMiami Page 176 Printed on 6/8/2010