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HomeMy WebLinkAboutCC 2010-06-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, June 24, 2010 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 24, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS ES - EXECUTIVE SESSION 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 7/19/2010 City Commission Meeting Minutes June 24, 2010 8:30 A.M. - PRESENTATIONS AND PROCLAMATIONS PR.1 10-00763 9:00 A.M. MAYORAL VETOES PRESENTATION Honoree Presenter Protocol Item Marta Gonzalez Commissioner Proclamation de Cardenas Carollo 10-00763 Protocol.pdf PRESENTED Chair Sarnoff We will now make the presentations and proclamations. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 24th day ofJune 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 9:07 a.m., recessed at 12:24 p.m., reconvened at 2:34 p.m., recessed for an Executive Session at 2: 36 p.m., reconvened from the Executive Session at 3: 55 p.m., and adjourned at 6:18 p.m. Note for the Record: Commissioner Dunn entered the Commission Chambers at 9:28 a.m. ALSO PRESENT: Maria J. Chiaro, Deputy City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnoff (INAUDIBLE) to the June 24, 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City ofMiami Commission are the Vice Chair, Frank Carollo, Francis Suarez, Wifredo Gort, the Honorable Reverend Dunn, and myself Marc Sarnoff, the Chairman. Also on the dais are Carlos A. Migoya, the City Manager, Julie O. Bru, who will be represented by Maria Chiaro today, the City Attorney, and Priscilla A. Thompson, the City Clerk. We get to welcome her back from -- for an extended stay. This is your first regular meeting, I guess. Okay. The meeting will be opened with a prayer by the Clerk, the pledge of allegiance led by Commissioner Suarez, and if you would, please all rise. Invocation and pledge of allegiance delivered. Priscilla A. Thompson (City Clerk): Good morning, to all of you. We ask that at this particular time, you do what it is that's necessary for you as you offer your meditations to the individual or the entity that you find who you need to offer it to. NO MAYORAL VETOES Priscilla A. Thompson (City Clerk): Excuse me, Chair, ifI might. Just-- can we --? Well, we would normally go ahead and handle the mayoral vetoes before we go into the pulling -- City ofMiami Page 3 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff Fair enough. Ms. Thompson: -- as well as the -- Chair Sarnoff Are there any mayoral vetoes? Ms. Thompson: No, there are none. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II Priscilla A. Thompson (City Clerk): As well as the adoption or approval -- Chair Sarnoff Of the minutes. Ms. Thompson: -- of your minutes. Chair Sarnoff Do we have the minutes to adopt, from what Commission meeting? Ms. Thompson: Yes, you do. You have your minutes from the P&Z (Planning & Zoning) meeting ofMay 27, 2010. Chair Sarnoff Okay. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. ORDER OF THE DAY Chair Sarnoff All right. We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Maria J. Chiaro (Deputy City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the 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 the City's website. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within ten calendar days of Commission action. The Commission may override the veto by a four fifths vote. The City ofMiami requires that anyone requesting action by the City Commission disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the City ofMiami Page 4 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 requested action. Lobbyists, as defined in Section 2-653, appearing before the City Commission solely in the capacity of a lobbyist and not as the applicant or owner's legal representative are not required to make such disclosure. 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, beepers, or other noise -making devices are permitted in Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Persons may address the City Commission on items where a public hearing is required and on items where public input is solicited. Persons wishing to speak are required to inform the City Clerk of the desire to speak, indicating the item number on the agenda. At the time the item is heard, persons who speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda item, whichever occurs first. PZ (Planning & Zoning) items will begin at 10 a.m. At this time, the Chairman, the Administration will announce which items are being either withdrawn, deferred, or substituted. Chair Sarnoff All right. "[Later...]" Chair Sarnoff All right. Does the Administration wish to announce any items to withdraw, defer, substitute, or continue? Carlos A. Migoya (City Manager): Yes, sir. We'd like to defer SR.2 to July 8, and PZ.4 to July 22. Chair Sarnoff July 22? Mr. Migoya: Yes. Vice Chair Carollo: PZ (Planning & Zoning)? Mr. Migoya: 4. Commissioner Gort: 4. Vice Chair Carollo: Yeah. I was going to do my deferral when the PZ items come, but -- Mr. Migoya: Can we do the --? Chair Sarnoff Let's -- if we -- if you know them now, let's do them now so we don't hold people here. Vice Chair Carollo: Okay. The only thing I ask for PZ.5 and 6, I'm asking for a deferral until the September meeting. However, I want to make sure that -- listen, and that particular issue is an issue about a school. The truth of the matter is, I don't think anyone's against a school being there. I think the issue is the size. So I'm hoping that both parties, you know, begin speaking if they haven't so already, and see if you know, there could be a compromise worked out. But I would move to defer -- Migoya: September 9. City ofMiami Page 5 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Vice Chair Carollo: -- PZ.5 and PZ. 6 for September -- Mr. Migoya: Ninth. Vice Chair Carollo: -- 9. Priscilla A. Thompson (City Clerk): Twenty-third -- to the PZ meeting? Vice Chair Carollo: The PZ meeting in September. Ms. Thompson: That's September 23. Vice Chair Carollo: That's why -- Mr. Migoya: Oh, okay. Chair Sarnoff All right. Vice Chair Carollo: Thank you for that, Madam Clerk. Chair Sarnoff I believe FR.3 is going to be withdrawn. I'm just trying to see if we could take this as an omnibus motion, and I don't know that we can. Anybody else have anything else they wish to change, defer, continue? All right. Let's see if we could do this, because we have SR.2, PZ -- SR.2, is there a motion to move SR.2 to the -- Commissioner Gort: Move it. Ms. Thompson: Chair, if you'd like, you could do it all at once. Chair Sarnoff It can be done? Ms. Thompson: Yes. Chair Sarnoff All right. Ms. Thompson: Do you want to review the -- Chair Sarnoff The transcript? Ms. Thompson: -- items and the dates? Chair Sarnoff It's clear enough -- Vice Chair Carollo: Yeah. Chair Sarnoff -- for you. Ms. Thompson: Okay. Chair Sarnoff All right. Ms. Thompson: No. I'd like to review so I make sure. Chair Sarnoff Understood. Is there a motion? City ofMiami Page 6 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Ms. Thompson: No. I'm sorry, Chair. May I review to make sure we have these --? Chair Sarnoff Absolutely. Ms. Thompson: Okay. SR.2 is 7/8/10; PZ.4, 7/22/10; PZ.5 and PZ.6, 9/23/10, and FR.3 is being withdrawn. Chair Sarnoff Correct. Ms. Thompson: Thank you. Chair Sarnoff All right. Vice Chair Carollo: I make a motion to defer the items mentioned by our Madam City Clerk. Chair Sarnoff Okay. Commissioner Gort: Second. Vice Chair Carollo: Was that sufficient? Chair Sarnoff We have a motion -- Vice Chair Carollo: Thank you. Ms. Thompson: It's just a motion to accept those actions that you stated on the record, and then you can just go ahead -- get your second and vote. Chair Sarnoff All right. We have a motion by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 7 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 CONSENT AGENDA CA.1 RESOLUTION 10-00715 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A Technology GRANT, IN THE AMOUNT OF $132,950, FROM MIAMI-DADE BROADBAND COALITION, TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR WORKING -AGED AND ELDER ADULTS IN A PILOT PROGRAM FOR WHAT WILL BECOME A COMPREHENSIVE COUNTY -WIDE DIGITAL INCLUSION INITIATIVE (ELEVATE MIAMI); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00715 Legislation.pdf 10-00715 Exhibit.pdf 10-00715 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0265 CA.2 RESOLUTION 10-00716 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED APRIL 14, 2010, PURSUANT TO INVITATION FOR BID NO. 176148, FROM ORBIS CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF RECYCLING CONTAINERS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00716 Legislation.pdf 10-00716 Summary Form.pdf 10-00716 Award Recommendation.pdf 10-00716 Tabulation of Bids.pdf 10-00716 Corporation.pdf 10-00716 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0266 City ofMiami Page 8 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 CA.3 RESOLUTION 10-00717 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S),OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE MIMO BUSINESS IMPROVEMENT COMMITTEE'S PETITION PROCESS FOR CREATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT. 10-00717 Legislation.pdf 10-00717 Exhibit.pdf 10-00717 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.4 10-00745 Office of Grants Administration R-10-0267 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE GROVE TREE -MAN TRUST TO PERFORM TREE -TRIMMING ACTIVITIES ON TREES LOCATED IN CITY OF MIAMI RIGHTS -OF -WAY AND IN CITY PARKS USING RESOURCES PROVIDED BY THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. 10-00745 Legislation.pdf 10-00745 Summary Form.pdf 10-00745 Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0268 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 Chair Sarnoff Let's take up, gentlemen, the consent agenda. Does anybody wish to remove anything from the consent agenda? All right, then, do we have a motion? Commissioner Suarez: Move. Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, City ofMiami Page 9 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. PERSONAL APPEARANCE PA.1 PRESENTATION 10-00734 THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN ("MCSW'), THE MIAMI-DADE COUNTY COMMISSION FOR WOMEN AND THE JULIA TUTTLE OVERSIGHT COMMITTEE, TO ADDRESS THE CITY COMMISSION REGARDING THE STATUS OF THE JULIA TUTTLE STATUE PROJECT. 10-00734 Letter.pdf 10-00734-Submittal-Allyson Warren.pdf PRESENTED Chair Sarnoff We have a personal appearance. City ofMiami Commission on the Status of Women, Julia Tuttle Oversight Committee to address the City Commission. Alice [sic] Warren, you're recognized for the record. Allyson Warren: Good morning, everybody. My name is Allyson Warren. I chair the City's Commission on the Status of Women. I live at 650 Northeast 82nd Terrace, in Miami. We're here today after a great deal of work on a project that was commenced in 1996, which is to erect a statue ofJulia Tuttle, the founder, basically, of the City ofMiami, the only woman to have founded a major city in the United States. It's taken us all this time. We raised all of the money in advance because Mr. Spring told us that the City has an anti -deficiency ordinance so all the money was in a special revenue fund before we were able to get a contract signed with the artist. You have a picture in front of you of what she's going to look like -- what she looks like. It's a 10 foot bronze. She's going to be installed in Bayfront Park in time for the City's 114th birthday, July 28. We're really excited. This has been a monumental task for everybody involved, from the fundraising to the exfraordinary help that we have gotten from the City Commission, the County Commission, the City Administration, Larry Spring, Basil Binns, Orlando Toledo, who's hiding in the back, but helped us get our concrete permit done in an amazingly quick time. I was hoping our contractor, Hugh Ryan, would be here this morning, but I'm hoping he's atMRC (Miami Riverside Center) getting his finalized permit. Our plan is -- Are you hiding? No, he's not there. Most of you know Mr. Ryan. He's been with us for quite a while. I sat with him on Code Enforcement. He's fabulous. He has been working double overtime frying to get the permits through. And I understand from Mr. Toledo that that's within a whisper. The plan is to have the concrete in the ground the end of the first week ofJuly, which I'm hoping is next week. The statue will be -- the concrete has to cure for a week. The statue will then be put in a week before the birthday so that it can settle and be sure that everything is perfect. The artist came from a national call to artists, which I'm going to pass around a picture of what was in the Herald back in April so that you can see. This was a huge project. And we're very, very excited. Miami Monthly and the Herald covered this for us, and we're very grateful for that. We had a list of donors that was absolutely wonderful, including Commissioner Sarnoff. It took a while, but the City Finance office finally got that part right. We have had an exfraordinary amount of assistance from everybody, from the Mayor on down. The DDA (Downtown Development Authority) is helping us, is basically putting on the major portion of the program, which will be on the morning ofJuly 28. I hope you all will be there and mark your calendars accordingly. The artists will be on site. Arva Parks, who is out of town right now, will say a few words. We could not have done this without her. She has gone out to California on her own dime several City ofMiami Page 10 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 SR.1 10-00631 Honorable Mayor Tomas Regalado times to meet with the artist and be sure that the statue is factually correct and historically correct because, as you can see, the history of the founding of the City is carved in relief on her skirt. I want to also thank Mr. Carollo for helping us at the Park Trust. They were very gracious in allowing us in there for at least several meetings, and they were wonderful in helping us get the perfect location for the statue. Behind me is Laura Morilla, who is the executive director of the County Commission for Women, and Diana Shinaberry, who is on her board, which is the County Commission for Women. Take a bow. Laura Morilla: Good morning, Commissioners. Chair Sarnoff Good morning. Ms. Morilla: I'm the staff person for the Miami -Dade County Commission for Women. Diana Shinaberry is one of our board members. We've been working with the City ofMiami Commission on the Status of Women on this project for the last five years. It's been wonderful. It's been a labor of love, and we are very pleased that it's finally becoming a reality, and we invite you to join us Wednesday, July 28, at 10 a.m., at Bayfront Park for the unveiling of the Julia Tuttle statue on the day of the -- ofMiami's birthday. Thank you. Chair Sarnoff Thank you. Ms. Warren: The Mayor reminded me to thank the MSEA (Miami Sports and Exhibition Authority) Board who helped put us over the top of the funding that we had to have in the bank before the artist could go forward. So thank you to anybody and their grandchildren that I have failed to mention. We have had help from everybody, and it's really gratifying because this is such a good project. I'm going to hold it up so the camera guy can put this out there. I don't know what your camera angle is. But hopefully, this will go out over the air. Each of you has a copy of this somewhere. That's not bad. Okay. I think you're going to really enjoy the statue. She's just gorgeous. Arva Parks made a frip up north recently -- I'll be out of your hair in a second -- because she, as you know, does historical work all over the country, and attended a garage sale and -- of another person who was historically important down here, and to and behold, there was a picture of one of this person's family members and Julia Tuttle. And it's a picture that I believe, and she believes, nobody has ever seen before. It was one of the only full-length pictures of Julia Tuttle, and thank God, it looks exactly like the statue. So we're happy that will be on display, as well. And again, thank you to everybody for your help in this. It has really been wonderful. It's been a great experience. A little hectic, but really terrific. Thank you all. Chair Sarnoff Thank you very much, Allyson. END OF PERSONAL APPEARANCE ORDINANCES - SECOND READINGS ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS,COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY CREATING A NEW DIVISION 9 ENTITLED "ADVISORY COMMITTEE ON ELEVATE MIAMI;" CONTAINING SECTIONS ESTABLISHING THE COMMITTEE; SETTING FORTH THE TERMS OF THE COMPOSITION OF THE COMMITTEE, QUORUM, AND DUTIES; ASSIGNING STAFF AND LIAISON; CONTAINING A SEVERABILITY City ofMiami Page 11 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00631 Legislation SR.pdf 10-00631 Cover Memo SR.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 13184 Chair Sarnoff All right. Let's move on to the ordinances. We're on page 9 of the agenda, SR.1. I -- Mr. Mayor, this is your issue with regard to Advisory Committee on Elevate Miami. Mayor Tomas Regalado: Right. Chair Sarnoff You're recognized for the record. Mayor Regalado: Right. We're thinking that you still have to do the consent agenda, right? Vice Chair Carollo: No. Commissioner Gort: We did. Mayor Regalado: Oh, you did? Chair Sarnoff We did that, yeah. Mayor Regalado: Oh, I'm sorry. Wasn't paying attention. I'm sorry. SR.1 is the second reading, Mr. Chairman, Commissioners, about Elevate Miami. It's important because on this agenda, you also will see a grant that is coming to Elevate Miami for the seniors. And there are several buildings that already are requesting the help from Elevate Miami to bring computers to senior centers and senior buildings. We met with Alex (UNINTELLIGIBLE), the director of Miami -Dade County HUD (Department of Housing and Urban Development), and he is willing to work with every president association in every building that are requesting this. As of today, we have one in Vice Chairman disfrict, Robert King High, that they want to do this, and in Commissioner Suarez, in the Smathers, so we have the support of HUD in doing this. And so, I'm presenting for second reading the Elevate Miami ordinance. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: Mr. Mayor, I just want to point out, obviously, it's a good thing to do, you know, the HUD projects and buildings. But also, I know there's going to be in different areas within the City ofMiami. For instance, you know, some of the projects that are under way in my disfrict that will have computers and so forth. You know, I want to make sure that it's not just for HUD and so forth, that it gets extended to -- Mayor Regalado: Oh, no. Vice Chair Carollo: -- the various locations. City ofMiami Page 12 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 SR.2 10-00692 Honorable Mayor Tomas Regalado Mayor Regalado: No. But the other item, I mention it because it's a grant that we're getting -- Vice Chair Carollo: Understood. Mayor Regalado: -- for elderly, which is citywide. Vice Chair Carollo: Understood. Mayor Regalado: Anybody can participate. But having the support of HUD, it will diminish the costs because we just go there with the computers. They have the wiring and their secure space and everything. So it's something that we can do right away. Chair Sarnoff All right. Commissioner Suarez: So moved. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Dunn: Second. Chair Sarnoff We have a second by Commissioner Dunn. Any further discussion, gentlemen? Hearing no -- Oh, let me open a public hearing. I apologize. Anyone from the public wishing to be heard on SR.1, which is the Advisory Committee on Elevate Miami, please step up to the podium. Hearing none, seeing none, coming back to the Commission. We have a motion and we have a second. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Sarnoff All right. Thank you, Mr. Mayor. All right, SR. 2 has been pulled -- I'm sorry, has been continued for the next Commission meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-9 OF THE CODE ENTITLED "PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE" TO ALLOW FOR IDENTIFICATION OF DONORS ON TRASH CONTAINERS THROUGHOUT THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00692 Legislation SR.pdf 10-00692 Pictures FR/SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II City ofMiami Page 13 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 SR.3 10-00694 Note for the Record: Item SR.2 was deferred to the City Commission meeting currently scheduled for July 8, 2010. Note for the Record: Please refer to "Order of the Day" for minutes referencing item SR.2. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," BY CREATING A NEW SECTION 35-220 ENTITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF STREET PARKING"; AMENDING SECTION 35-221 ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND ESTABLISHED"; CREATING SECTION 35-222 ENTITLED "REVOCATION OF CERTIFICATE OF USE FOR NON-PAYMENT OF PARKING WAIVERS"; AMENDING SECTION 35-224 ENTITLED "SCHEDULE OF FEES AND CHARGES FOR COCONUT GROVE PARKING TRUST FUND"; TO CLARIFY THE OFF-STREET PARKING REQUIREMENTS AND PROVIDE FOR ENFORCEMENT PROVISIONS FOR PAYMENT OBLIGATIONS CONTAINED THEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00694 Legislation SR.pdf 10-00694-Submittal-Luciia Dougherty -Map of area to be included within the ordinance.p SPONSOR:CHAIRMAN SARNOFF Motion by Chairman Sarnoff, 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 13185 Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 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 Chair Sarnoff SR.3. Commissioner Gort: Parking. Chair Sarnoff Yeah. Mr. Vice Chair? Vice Chair Carollo: You're recognized, Mr. Chairman. City ofMiami Page 14 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff This is an ordinance really that addresses parking waiver trust funds. This will affect two areas of the City, I understand, mainly Coconut Grove, but it equally would affect, my understanding is, in the Design District. This is a second reading ordinance for parking waivers. I do need to read into the record -- Ms. Thompson: Excuse me, Chair. I can hardly hear you. Is your mike on? Chair Sarnoff Yeah, sorry. Ms. Thompson: Thank you. Chair Sarnoff I just need to get a little closer. Commissioner Gort: They want us to yell. Chair Sarnoff I usually do yell. I apol -- I'm presenting now. I'm not yelling. I do need to read into the record something I have given to each Commissioner, which says, notwithstanding any regulation in the Zoning Ordinance that may relax the parking requirements used to calculate the waivers granted herein, no parking requirement shall be diminished below that which was provided prior to the adoption ofMiami 21, prior to October 22, 2009, within the areas of the City for which a parking trust has been established and is in effect pursuant to this Chapter. The ordinance will become effective immediately. Vice Chair Carollo: Is that a motion? Chair Sarnoff That is my motion. Commissioner Suarez: Second. Vice Chair Carollo: Amended -- as amended. Chair Sarnoff As amended, sir, yes. Commissioner Suarez: Second, as amended. Vice Chair Carollo: I have a motion by Chairman Sarnoff. I have a second by Commissioner Suarez. Any discussion? I'm going to open up a public hearing. Anyone from the public wishing to speak on this item? Is there anyone from the public wishing to speak on this item? Public hearing is now closed, back to the Commission. 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. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as modified, 5-0. Chair Sarnoff All right. Vice Chair Carollo: Thank you. Chair Sarnoff Thank you, Mr. Chair. City ofMiami Page 15 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 SR.4 09-00094 District 5 - Commissioner Richard Dunn H ORDINANCE Second 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 .pdf 09-00094 Cover Memo SR 6-10-10.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff 13186 Chair Sarnoff SR.4. I think that's Commissioner Dunn. This is the CIP (Civilian Investigative Panel) issue. Commissioner Dunn: Yes. I'd like to move on it, Mr. Chairman. Chair Sarnoff All right. We have a motion for SR.4. Do we have a second? Commissioner Gort: Second. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Gort. This is a public hearing. Anybody wishing to be heard on SR.4, which is the amendment to the Civilian Investigative Panel; manner in which it's established the nomination of members, vacancies, appointment of CIP nominating committee? Anybody wishing to be heard on SR.4? You're recognized for the record, Mr. May [sic]. Charles Mays: Yes. Good morning, Mr. Chair, distinguished members of the Commission. It is with great respect for Commissioner Dunn -- Chair Sarnoff You just need to state your name and address for -- Mr. Mays: I'm sorry. Charles Mays, CIP independent counsel. It is with great respect for Commissioner Dunn that the CIP opposes the adoption of this ordinance. As we indicated to you in our last presentation, of course we embrace diversity. We have worked very diligently to try to bring in more members, et cetera, that totally reflective of the various districts, et cetera. The method and manner, however, in which we're trying to achieve this, I think, presents more problems than it does from the standpoint of solutions. We urge you to therefore vote against this particular ordinance. Chair Sarnoff All right, Mr. Mays. Mr. Mays: Thank you. City ofMiami Page 16 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff Thank you very much for your presentation. Mr. Mays: Thank you. Chair Sarnoff Anybody else from the general public wishing to be heard on SR.4? Hearing none, seeing none, it comes back to this Commission. Any discussion, gentlemen? Commissioner Dunn: No. Chair Sarnoff No? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Vice Chair? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff My vote is no. I'll state for the same reasons that put on before. I would have argued to you guys before, but think you heard it all before and instead of belaboring it -- I happen to agree with Mr. Mays. I happen to agree with the CIP on this. I don't think that you can designate diversity. I think it's an attitude that they have. Thank you. Ms. Thompson: So your vote is no. Chair Sarnoff That is correct. Ms. Thompson: The ordinance is adopted, 4-1. Chair Sarnoff Okay. ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 10-00727 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Attorney ORDINANCE NO. 13168, ADOPTED MAY 13, 2010, CHANGING THE TIME TO QUALIFY FOR THE NOVEMBER 2, 2010 MUNICIPAL ELECTION FROM SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. TO AUGUST 6, 2010 THROUGH AUGUST 21, 2010, AT 6 P.M.; DIRECTING THE City ofMiami Page 17 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TO TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00727 Legislation SR.pdf 10-00727 Cover Memo SR.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II FR.2 10-00739 Honorable Mayor Tomas Regalado Chair Sarnoff All right, FR.1. FR.1, Office of the City Attorney. Maria J. Chiaro (Deputy City Attorney): FR.1 is an ordinance that changes the date for qualifying for the City ofMiami elections to be held for the two districts in November. This change is necessary because the Supervisor of Elections for Miami -Dade County, who is preparing the ballots to be distributed to citizens ofMiami for these elections, needs additional time to prepare the ballots in writing and distribute them. So the dates for qualifying, notwithstanding the fact that our dates for qualifying in our elections are in our Charter, may be changed by ordinance, and this ordinance makes that change. It changes the dates and moves up by a few days the period for which the qualification takes place in the two districts for the election. Chair Sarnoff All right. We have a motion by Commissioner Gort. Vice Chair Carollo: Second. Chair Sarnoff We have a second by the Vice Chair. Let me open it up to a public hearing. Anybody wishing to be heard on FR.1, which changes our municipal election time for qualification? Anybody wishing to be heard on FR.1? Hearing none, seeing none, the public hearing is closed; coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, it is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN -OPERATED MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT MACHINES AND ESTABLISHMENTS," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS, CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE PARTICULARLY BY AMENDING SECTION 31-50, ENTITLED City ofMiami Page 18 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Votes: "SCHEDULE OF ESTABLISHED BTRS," BY DELETING AN ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00739 Legislation FR 7-22-10.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right, FR.2. Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you very much, Mr. Chairman, members of the Commission. FR.2 is an ordinance on first reading. I would tell you that this ordinance, the final product, is the result of several month [sic] working with the Law Department, with the Finance Department, and the Administration to have this ordinance in place. The reason that we did a new approved moratorium on the sale of stickers or license for coin -operated machines -- and this moratorium will be in place until September -- is precisely because we went -- we were working on this ordinance and it needed a lot of research. We met with the chief of Police. We met with the Finance Department; of course, the Law Department was there. We also met with the representative ofMagic City Casino that will be opposing this ordinance. However, I think that we need to hear from the Finance Department because what this ordinance does is rectify a process that has been wrong for the last years. We -- if we pass this ordinance, we will know exactly where each machine is; now, we don't. In the past, there were some machines that were seized, but at the end, the courts ruled one way or another. And there's still hundreds of machines in the City ofMiami. IfI may, I would like Noel Chavez from the Finance Department to explain to you what was the process before and how we weren't able to control or regulate those machines. And then, from Diana, to understand the fiscal impact that the old process and the new process, if this ordinance is approved, will have. So I will ask Noel -- also, we have Mr. Barnaby, who has worked for several month [sic] on the ordinance in behalf of the City Attorney, and he has done extensive research because this has to do, everything, with state statutes, and the Law Department came, I believe, with the right wording for this ordinance. But ifI may, I will present the Finance Department representative so he could explain what we were doing before forever and what would this change means [sic] in terms of regulations. And of course, then Diana can tell us in terms of revenue to the City. Noel Chavez: Thank you, Mr. Mayor. Good morning, Commissioners. Noel Chavez, business tax receipt supervisor, Finance Department. In the past, we had a pricing scheme that was the one taken advantage by the operators of these machines more often, which involved they would pay a one-time fee of $460, and they could have as many machines as they wished in the City. When we began the authorization of again, these amusement machines which are very popular in the City, in a three-week period, we issued approximately a thousand stickers that essentially is a thousand machines. We were seeing a run-up and the fiscal impact was approximately $4, 000 to the City. Now that would consume a lot of enforcement activity and logistics from our parts -- from our part, excuse me. This new pricing scheme will have a fiscal impact around three-quarters of a million dollars a year in the City. We've made provision for keeping frack of where -- who has exactly what sticker, what machine, where they're supposed to have it; if they change locations, they are supposed to notify us. We've made provision for -- to have personnel that will monitor the issuance and the locales and work directly with these operators, and there's much more fiscal gain and control for the City. And if three weeks we gave out a thousand stickers, I can imagine even three quarters of a million dollars is a conservative figure. Questions? Chair Sarnoff Commissioner Gort, you're recognized. Commissioner Gort: What gives the right to the individual to get the license? I mean, is there a City ofMiami Page 19 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 City ordinance? It's the state ordinance? Mr. Chavez: Yes. The State doesn't much interfere with that, except to say what type of machines cannot be had. Commissioner Gort: Wait a minute. All of a sudden people come up and ask for a thousand stickers. Why was that changed? Mr. Chavez: That changed because the Law Department did some research and apparently some machines that were in the past, the State considered -- again, for -- the Law maybe better answer this -- but they would not allow certain machines, but certain machines are just defined as amusement machines, so we cannot negate them having those machines. Commissioner Gort: In other words, the City does not have the -- Mayor Regalado: Excuse me. Commissioner Gort: -- power -- Mayor Regalado: No. Excuse me. I think that what Commissioner is trying to determine, ifI go there and go to your office with a check, I can get a license, but who am I? You need to know who am I to get a license. And ifI ask for 1,000 stickers, then I get 1,000 stickers with the process that we had [sic] in place now. Commissioner Gort: Okay. My question is, what gives the right to a person to come to you or to come to our department and ask -- Mayor Regalado: That's what I -- Commissioner Gort: -- for a thousand? What gives them the right, an ordinance from the City ofMiami? It's -- Mr. Chavez: Yes, an ordinance to run -- he's running a business, just like they would have -- just like Coca-Cola has a thousand machines in the City, and they want stickers for all those machines. Now, in this case, we're going to know where they're going to have them, and of course, if they're in violation of any fire ordinance -- Commissioner Gort: So in the past, you had one operator who come to you and ask you for "X" amount of stickers, and he would sell it to whoever he wants. My question is what gives the right to that one operator to come and request those licenses? Mr. Chavez: The right is in legal -- I would defer to the Law Department for that. Barnaby Min (Assistant City Attorney): Commissioner, it's a business. And if you look at page 15 of the legislation, what is currently in the Code, in Chapter 31, allows one person to come in, pay $458, and have as many unlimited machines as they want. Commissioner Gort: That's part of our Code? Mr. Min: I'm sorry? Commissioner Gort: It's part of our Code. Mr. Min: Yes. City ofMiami Page 20 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Gort: I mean, we're the one that allow him to do that. Mr. Min: That is currently what is in our Code. Commissioner Gort: Okay. Thank you. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff You're recognized, Commissioner Suarez. Commissioner Suarez: I think the question that the Commissioner was trying to ask, from what I could tell -- I don't want to put words in the Commissioner's mouth, but you said at some point that we, the City, reauthorized the issuance of permits to these machines, that we reauthorized them; that there was a point at which we did not allow these kinds of machine operators to obtain a permit for these kinds of machines. Is that correct? Mr. Chavez: Always. Commissioner Suarez: That's not right? Mr. Chavez: It was just -- they've always had the right to apply. It was just one particular type of machine, which was in legal doubt. Commissioner Suarez: But what spurred this -- I think what the Commissioner is asking is what spurred this massive purchasing of these licenses? Mr. Chavez: Okay. These types of -- there are certain types of machines, which, according to the legal research now, are just considered amusement machines. Commissioner Suarez: So you're saying that what spurred the development of people coming in and purchasing these licenses is that the City started to allow them to purchase those licenses for a specific kind of machine? Mr. Chavez: Correct. Commissioner Suarez: What kind of machine is that? Mr. Chavez: That all -- well, actually, that all machines are considered amusement machines. All those -- Commissioner Suarez: What do you mean all machines? Certainly, not all machines are considered amusement. Mr. Chavez: All machines that -- there were certain kinds of machines in the past -- and the Law Department would be better to answer that -- that were not considered amusement. Commissioner Suarez: Okay. Mr. Chavez: They were considered gaming or (UNINTELLIGIBLE). Now they are considered amusement machines. Commissioner Suarez: Okay. That's -- I think that's what the Commissioner was getting at. At what point did the machine that is creating this issue -- at what point was there a change in policy or a change in law that changed that specific machine from a gaming machine to a amusement machine, as you call it? City ofMiami Page 21 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Min: IfI may? There was -- Commissioner Suarez: Yes. Mr. Min: -- really no change in law or anything. What occurred is we were looking into this a couple months ago and this -- amusement machines have always been allowed by state law, by City ordinance. They've always been allowed. What has been interpreted in the past is we have broadly interpreted these machines to be gambling machines, and pursuant to state statute, gambling machines are not allowed. However, after a further analysis, we determined just because it may be used for gambling purposes does not mean it's illegal. If it's used for gambling purposes, it's illegal. If it's not used for gambling purposes, it is not illegal. So the Law Department simply clarified that if it's an -- all amusement machines are, in fact, legal and can be operated in the City. It's the intent of using it for a gambling purpose which is prohibited. Chair Sarnoff Can you drill down a little further? 'Cause he's a lawyer, he's going to get it. Tell him what a gambling machine is, a game of chance or -- Mr. Min: A gambling machine is a game of chance. And just to be clear, games of chance are, in fact, allowed. But if there is the opportunity of winning something in exchange, it's a game of chance where you can actually win something in exchange as defined by the state statute, that is what's illegal and prohibited. Commissioner Suarez: Can I ask you a question? Mr. Chairman, may I ask him a question? Chair Sarnoff I didn't mean to interrupt you. Commissioner Suarez: No, no, no, no. Chair Sarnoff I thought your question could have been more directly answered. Commissioner Suarez: My question is, did you do some sort of a study to determine whether or not these games in question are being, in essence, used as games of chance instead of games of skill? In other words, did you send undercover police officers, for example, to these establishments and see if those police officers could, in effect, receive a cash prize for being able to accumulate points or whatever? Because -- Mr. Min: The Law -- Commissioner Suarez: -- I've been told that these operators of these establishments are actually giving out cash prizes to these -- to whoever the players are, "the regulars" that come in there and are constantly using those machines. Mr. Min: The Law Department did not do any type of study like that. The issue that was presented to the Law Department is, are these amusement machines legal. And our analysis was, amusement machines that are not used for gambling purposes are, in fact, legal. The proposed ordinance that -- and amendments to the current Chapter 12, which is being proposed, I believe addresses that concern by saying there cannot -- they cannot be used for gambling purposes. You cannot win anything in exchange. You can't even win free replays. Every time you put in a quarter, you play a game. That's it. You don't win anything in exchange. And I believe that's how you address the concerns that these machines are being used for gambling purposes. Commissioner Suarez: But I think you said that part of the definition of whether the machine is a gambling machine is whether the operator intends on providing a benefit. Isn't that correct? City ofMiami Page 22 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Min: It's two prongs. Commissioner Suarez: Right. Mr. Min: Whether it's a game of chance -- Commissioner Suarez: Right. Mr. Min: -- and whether the operator can win something back. Commissioner Suarez: Right. Mr. Min: Whether it's money, whether it's a credit, whether it's a prize, whatever it is. Commissioner Suarez: Right. Mr. Chavez: In addition, Commissioner, I'm sorry -- Vice Chair Carollo: Excuse me, Mr. Chairman. Under 75 cents. Mr. Min: I'm sorry? Vice Chair Carollo: According to -- Mr. Min: Under 75 cents -- Commissioner Suarez: Right. Vice Chair Carollo: Okay. Thank you. Mr. Min: -- because we didn't want to eliminate Skee-Ball. Commissioner Suarez: My issue is that if currently they're being used in that fashion, and if there's no study that's been done by the City to determine whether they're in fact being used as gambling machines or amusement machines, then you're asking us to, in essence, condone -- because we have no way of knowing whether in fact these machines are being used as amusement machines or gambling machines other than the anecdotal information that I have which, to be completely honest with you, indicates to me that they're being used as gambling machines and not as amusement machines. So -- I mean, I don't know what kind of evidence, what kind of study -- and that's the issue that I have. There's no evidence, there's no study that's been done that indicates how these machines are in fact being utilized, and I would -- based on what I've been told, I would say that the overwhelming amount of anecdotal evidence that I have indicates to me that they're being used as gambling machines and not as amusement machines. Mr. Chavez: And through the Chair, Commissioner, these operators sign an affidavit before they're given anything that these machines have to -- cannot be used for any (UNINTELLIGIBLE), any gaming, any of the sort. So indirectly, they are also policing wherever they put these machines at. Commissioner Suarez: Yeah. I mean, we all have a contract not to run red lights and, you know, not to run a stop sign, but that doesn't necessarily mean that everybody does that. And I think what we're doing here is we're condoning these machines under the guise of increasing revenue, which, you know, I understand the Mayor's position. I mean, it's -- you know, he's trying to tackle some of the very difficult issues with the budget. But, you know, this is just not City ofMiami Page 23 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 something that, you know -- Yes. Mayor Regalado: But ifI may, Commissioner, 90 percent of the ordinance is to regulate the machines because now we don't know where the machines are. Actually, I think the Manager went and look at a number of the machine and called the Finance Department, and he can -- they couldn't say where that machine was because it was one of the hundreds of the stickers that are running around. If we do this ordinance, then we will know where each machine, each stickers belongs to, what address, and who pulled that permit. If an inspector or a police officer goes and see that the machine has been altered, because it has to be altered to use that machine for gambling purposes, then there will be a civil fine of $500 to the person that operate the business. And there's also a caveat that could be included that if a business is operating a gambling machine, then the City has the right to pull the occupational license, which is an extreme measure, but it's part of the regulation. So the other thing is that now we do not have the manpower to monitor those machines. They're everywhere. But if we do this ordinance, then Finance will have the possibility of having their inspector checking each of the places and also checking occupational license, which many in the City don't have. We have -- I mean, we have a list officially of 13--14,311 occupational license for business [sic] in the City ofMiami. I imagine that there are more that don't have occupational license. I've seen one, at least. I've seen one business operator with no license at all. And we do not have the manpower to go door -by -door. But I just think that we have several options. We have the options of keeping the moratorium, not selling any license; keeping the process as it is, selling $480 and you get all the stickers; or changing the Code so we can regulate more, and we could use the revenue to check on the machines. Actually, we're not condoning or inciting this kind of practice because it's already there. I mean, in the past, there were a group of police officers that every night went to cafeterias and they took down some of the machines. Some of the people went to court. City, I believe, won two cases. City lost, as you know, several cases. Many cases were dismissed. So many, many cases were dismissed because of the arrests that were made that were not good arrests and all that. So this is the intent to regulate. And, you know, it's a healthy debate that we have here because it is not an intent of the Administration to create a giant Las Vegas in Miami. And I do understand what you are going to hear from Magic City Casino. You know, they have a casino, but it's different. You get money and you get -- and the machines are not supposed to give you back. It's illegal. It's in the ordinance. It's in the affidavit. And anybody who does that will be fined and the machine will be confiscated. So I just wanted to state that. Chair Sarnoff Commissioner Suarez, would you yield to Commissioner Gort? Commissioner Gort -- Commissioner Suarez: Yes. Chair Sarnoff -- you're recognized. Commissioner Gort: My question is then, are we issuing permit because of a court order? Mr. Chavez: No, sir. Mr. Min: There is no court order. Chapter 12, as currently drafted, allows these machines, and there was simply an interpretation -- Commissioner Gort: Chapter 12 issued by us? Mr. Min: Correct. Our Chapter 12 -- Commissioner Gort: In other words, the City ofMiami has the right also not to have any? Mr. Min: Correct. If you want to -- City ofMiami Page 24 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Gort: Okay. Mr. Min: -- amend Chapter 12 to say they are out altogether, that's a separate issue. Commissioner Gort: Okay. My question is, how many have you issued so far? How many are out there? Mr. Chavez: Exactly 977. Commissioner Gort: Nine hundred and seventy-seven. I thought you said you had a thousand -- Mr. Chavez: Approximately a thousand. Commissioner Gort: -- nine hundred -- approximately a thousand. This will not affect the existing machines at this time -- Mayor Regalado: Yes. Commissioner Gort: -- this new ordinance? Mayor Regalado: Come October. Mr. Chavez: Come October, correct. The new fiscal year. Commissioner Gort: In October. Chair Sarnoff Did you mean to say this ordinance will affect them in October, or did you mean to say --? I believe we issued an emergency moratorium, and when does that run out? Mr. Chavez: In -- September 30. Chair Sarnoff Okay. So you really meant to answer him that September 30 the moratorium that this Commission put in place on an emergency basis will run out? Mr. Chavez: Correct. Chair Sarnoff In which case, the then existing ordinance would come back into play, people could buy as many -- one permit could net you 500 machines versus a permit per machine. Mr. Chavez: Correct. We have no control out -- what's out there now. They could come and say I have -- Chair Sarnoff I just -- Mr. Chavez: -- a million machines. Chair Sarnoff -- I wanted to -- I knew the answer to the -- I think I knew the answer to the question. I wanted his question answered as -- 'cause I think he needs to have this information. Mayor Regalado: No. And ifI may, Mr. Chairman. Commissioner Gort, it will affect those permits because, in October, you have to renew the permit for those 978 [sic]. Chair Sarnoff Can I ask the Law Department one question? If we were to continue the moratorium, what happens to the 977 existing permits? City ofMiami Page 25 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Min: Nothing. The moratorium -- Commissioner Gort: They operate. They continue to operate. Mr. Min: -- is until September 30. The moratorium says no new BTRs (Business Tax Receipts) will be issued. Chair Sarnoff Okay. So they -- then let's -- well, let me ask you this other question then. Supposing this Commission -- it was the will of this Commission to keep that moratorium in place for a year, maybe two years, maybe indefinitely. What would happen to the 977 issued permits? Mr. Min: Come October 1, they have to renew a BTR, and if they don't -- if that option's not available, whether it's because you amended Chapter 31, you issued, I guess, a permanent moratorium, which -- or -- what -- I mean, it's really not, I don't think, an option, but you know, if you want to play with Chapter 31 somehow and make it not allowed that they can renew it effective October 1, then that -- you would -- that's how you'd get rid of those 977. Chair Sarnoff So what I'm interpreting you saying is if this Commission took an action to make a policy statement that we do not wish to have games of chances [sic], payment or nonpayment, then we could do so, and by September 30, there would be no valid permits out there? Mr. Min: Right now the moratorium expires September 30. Chair Sarnoff Answer my question. Mr. Min: And once the moratorium expires, then you have to go back to the way Chapter 12 is written and the way Chapter 31 is written. So unless Chapter 12 and Chapter 31 are somehow amended to address that issue, come October 1, you have one person come in, pay $458, and get a thousand more machines. Chair Sarnoff That's not the question I asked you. The question I asked you, if it was the will of this Commission to issue a policy statement, one way or another, that we do not wish to see games of chances [sic] out there, my understanding of your answer is, that by October 1, there would be no licensed permitted machine out there? Mr. Min: It -- I believe that the appropriate way to do that is to amend either Chapter 31 and/or Chapter 12 to eliminate that option. Chair Sarnoff In your toolbox, can we do that constitutionally? Mr. Min: Chapter 31, we do have the constitutional authority and the statutory authority to delete BTRs. So if you want to delete -- Chair Sarnoff Okay. So -- all right, now that we have your toolbox telling us we can do so, you're telling me that by October 1, if it was the will of this Commission, there could be no permitted licensed games of chance out there? Mr. Min: Yes, sir. Chair Sarnoff Okay. I'm sorry, I cut somebody off. I think I cut you off. Commissioner Suarez, and then we're going to go to Commissioner Dunn. Commissioner Suarez: Thank you. My -- here's my issue, among many. Actually, I have many City ofMiami Page 26 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 issues with this. But one is we, as a city, at some point allow these machines to be licensed. Okay. We make the determination that they're not -- that they're amusement games and we start licensing them. All of a sudden, we get how many license applications for these kinds of machines? Mr. Chavez: Nine hundred and seventy-seven. Commissioner Suarez: Okay, at $500 a pop. So -- Mayor Regalado: No, no. Commissioner Dunn: No, (UNINTELLIGIBLE). Mr. Chavez: No, no, no, no, no, no. Chair Sarnoff One. Commissioner Dunn: One could get nine -- Mr. Chavez: Right. That 577 [sic] represented just 30 individuals. Commissioner Suarez: Okay, so those 30 licenses at $500. Right. Mr. Chavez: Thirty at five hundred dollars. Commissioner Suarez: And there's 900 machines, is that what you're saying? Mr. Chavez: Correct. Commissioner Suarez: Okay. What I'm getting at is, if they're paying $500 for these machines, I've been told that some of these operators make as much as $2, 000 a month on these kinds of machines. So to me, if there's a proliferation of people that are out there wanting to pay $500 for these machines, it's because they're getting a return on their investment. You understand what I'm saying? So that in and of itself indicates to me these are not machines of amusement; that they're machines that are used for gambling because they're getting a return on their investment. There's not going to be a proliferation of people that want to get Skeet -Ball [sic] machines so that people can get little tickets or 75 cents or whatever. You know, that's kind of my -- I think just by virtue of the fact that we have this problem is an indication to me that these machines are being used for gambling purposes. Mayor Regalado: But ifI may? They did not pay $500 for each machine. Commissioner Dunn: Yeah. Commissioner Suarez: And I apologize. I under -- Mayor Regalado: They pay four hundred and something dollars and they got 50, 70, 80 stickers and -- Chair Sarnoff And Mr. Mayor, I think to answer one question. I understand what he's asking, and correct -- I apologize ifI don't -- I think you asked, what was the impetus for a flood of permits. And I think the correct answer was, we had put on a moratorium on an emergency basis. That, Commissioner, my understanding was, brought somebody in that purchased -- I heard the number -- 700 of his own licenses. Because him reading our agenda saw that we got to do this right away, and he came -- this person -- I don't know if it was a male or a female -- City ofMiami Page 27 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 came in and purchased a great number of permits. Again, one permit for maybe 500 machines. I think that was the question you asked that you wanted to know. Commissioner Gort: Mr. -- Commissioner Suarez: The -- it's an indication to me that they're a profit -making machines [sic]. You know, the fact that somebody would come in and want to wholesale and bulk buy all these permits is an indication to me that they want to legalize a machine that is profit -making for them indirectly. Mayor Regalado: But ifI may? I think that the whole question -- and I understand what you're trying to say. That was my first -- when we were told by Finance that people went and buy licenses, maybe because they saw in the draft agenda the moratorium and all that. But those 978 [sic] are not the only ones in the City. We have thousands. We have thousands from before. And, you know, some of the -- I mean, there are arcades, plus there are machines all over. The issue is not 978 [sic]. The figure that we use was 978 [sic], because we said, well, people are buying license, and then they are claiming dozens of stickers, but we do not know where those stickers go. We only know that there is a person or a business that bought a license, they signed an affidavit, and they said, okay, we're taking 40 or 50 stickers, but we only know the address of the business. We don't know the address where the stickers will be. Now, if we approve this, then we will know exactly, sticker by sticker, where the location of the sticker and we'll be able to check it if we wish to. Commissioner Suarez: Mr. Chairman, ifI may? Just want to address that specific point. Chair Sarnoff Yeah. You continue to have the floor. Commissioner Suarez: I'm not against knowing where they are. I think I'm in favor of knowing where they are. I don't think that we necessarily should issue more permits for these kinds of machines to accomplish that exact same goal, which is to know exactly where they are. Is there a way that we can, you know, legislate so that we know where these machines are without extending any more permits? You know, because I think you're right. I think you're making a good point, which is that we should know where they are so that we can police them properly. Mayor Regalado: But if we legislate -- and I will defer to Law -- to say, okay, we want to know where the 978 [sic] or the 1,000 or 2,000, we don't know because Finance has been selling throughout the year. If we do that and we say no more, the question is, why [sic] would be benefit and renew the permits of this machines [sic] when the time comes that they have to renew? Because they have to renew each -- by year. Commissioner Gort: A year. Mayor Regalado: It's not a forever. It's not a forever permit. So we will allow some people to continue making profit and not allow. IfI were -- my -- and I don't know if this possible for -- if the Law Department says that it's possible. I would put an RFP (Request for Proposals) and said [sic] to the companies, if you want to buy -- you know, you compete and how much you're going to give, and you have five, ten companies doing business in Miami. The whole -- I think that the whole issue here is to control, number one, to avoid misunderstanding with the police, that a police officer goes to a place and see somebody playing and arrest that person, and that is legal, and that is not legal. This is what happened with the cafeterias back then. I mean, hundreds of cases were dismissed. And so, I would, you know, ask you, if you want to, we could defer this, talk to each of you. Barnaby and the City Attorney will go because they are -- they know. They have been working weeks and weeks doing the research. I think we don't have a rush because, as a matter of fact, the moratorium is until September. So we don't have to do this today. However, we do have to do something before September 30 because by September 30, City ofMiami Page 28 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 people will be in line buying another 1,000 permits for $4,000. So if you don't have a problem, we can bring this in 30 days, and we have time to meet with all of you so we can understand. It's like -- Vice Chairman, this is like Miami 21. You need ten meetings to understand this. Chair Sarnoff Let me go to Commissioner Dunn and then Commissioner Gort. Commissioner Dunn: I would certainly, Mr. Chairman, colleagues, and Mr. Mayor, be in favor of deferring this because I'm very much betwixt and between. There are a great deal of ambiguities. There's some personal issues that -- that I'm wrestling with right now. I know that the City has its -- and I guess a question for me, which I'm not prepared to vote on it intelligently and soundly on, is what is the end gain for the City? What is it we're frying to accomplish? What -- I mean, what's the bottom line? Is it the dollars? Now, I do know this. I have seen those amusement games in my neighborhood at the little mom-and-pop convenience stores. And I -- you know, I don't pay a lot of attention, but I've seen the people who play those games, and they're there for hours. I doubt it very seriously if they're just doing it for the amusement of it all. I -- you know, I just -- so I'm wrestling with all of this in my mind to fry to figure -- and I do know that a lot of things happen. And everybody's trying to survive, and that we don't always -- people don't always abide by the guidelines. And once they have control of this -- and then I do understand the -- being able to regulate and to be able to monitor where these machines are. So Idoknow -- Mayor Regalado: Commissioner. Commissioner Dunn: -- they are all over the place. Mayor Regalado: Commissioner, you're asking for the bottom line. To me, the bottom line is to regulate. Commissioner Dunn: Okay. Mayor Regalado: That's the bottom line. Commissioner Dunn: Okay. Chair Sarnoff Commissioner Gort. Commissioner Gort: I have a couple of questions. I guess we're going to defer this. But think it's very important for you -- the information that think is needed is right now you have "X" amount of thousands of machines out there without any regulations. Now, within the new ordinance, we'll be able to issue to the establishment, instead of individuals. And each establishment will get "X" amount of machines, like -- Is the coin machines for the washing machines and dryer machines, is that part of the -- does this comes under this -- Mr. Min: Under the -- Commissioner Gort: -- and the arcades, the machines used in arcades, places where they -- does this come under this too? Mr. Min: Arcades would fall under it, yes. Commissioner Gort: Okay. So we need to have this ordinance in place. And we -- I agree with you. I think we need to make sure to organize it so we know where it goes and who's using it. Now my understanding is, in this ordinance, each establishment will be able to acquire "X" amount, and they will have to pay for each machine. No longer can anyone come and buy 500 machines. It will have to be by establishment. They will have to have their occupational license. City ofMiami Page 29 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 They will have to have all the requirements by the City to be operating a business. This is the things that I think we need to clarify to everyone and that'll be a change. Chair Sarnoff All right. Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. First, I'd like to say that, yes, I think the will of this Commission is to defer, and I will also be in agreement to defer. I also want to thank the Mayor for frying, for looking at this and, you know, putting effort into this. I think there's good things in here; however, there's -- it's obvious that there are also issues within this ordinance that it seems like most of us have problems with and I think the exfra time will be able to, you know, let us all read up and be a little bit more educated before we take a final vote, and this is first reading anyways. The last thing I have, Mr. Chairman, is, you know, being appreciative that the Mayor brings this up and, you know, with his efforts and we're debating and -- because I always think that, you know, debating is healthy. Are you going to open up a public hearing 'cause I know there's -- Chair Sarnoff Yeah. Vice Chair Carollo: -- people out there that would wish to, you know, speak in this matter. And the truth of the matter is, I would like to hear from them because even though we're deferring and -- or at least I perceive that we're going to defer this, I still would like to hear from public and so forth because, you know, in the next coming weeks, I would like to take their input into consideration. Chair Sarnoff Absolutely agree. Let's open up the public hearing. The public hearing is now open on RE. 2 -- I'm sorry, FR.1 -- Mariano Cruz: FR.2. Chair Sarnoff -- FR.2, I apologize. Thanks for correcting me, Mr. Cruz. Mr. Cruz: Yeah. Chair Sarnoff You are recognized for the record. Mr. Cruz: Yeah. Mariano Cruz, 122726 Sfreet. I am going to speak here about this. First, I laugh when I hear that's -- gambling is prohibited by law by Florida Statute, by City statute. Killing is also prohibited and for a murder, it's a -- and you get killings everyday out there. (UNINTELLIGIBLE) don't tell me about game of chance or all that because remember -- and I saw it many -- some years ago when they got the task force going (UNINTELLIGIBLE). Commissioner Gonzalez used to be --I mean, Major Alvarez, then Sergeant Alvarez, (UNINTELLIGIBLE), they were confiscating in the places there. And the guy that live across from my house have a business on 21 st Sfreet called Luna del Caribe. Where Cantina restaurant used to be, that was a gambling joint, supper club, you call it, everything. He was arrested so many times, he closed it. But you know, people told me he was making -- the machines was making $10, 000 a week. People in the construction (UNINTELLIGIBLE), they were blowing their checks there. And you know, he took his business to 27th and 28th, to the County. He spent over half a million dollars in (UNINTELLIGIBLE). It's there, 27th and 28th. You can go and see it. And you know what they did too? They retained your father. Your father was retained by them because I know -- (UNINTELLIGIBLE). I have a good memory, Suarez. And even -- they even fund a candidate for the Commission against Commissioner Gonzalez, okay. You remember? Because I am here forty -some years and I know -- I don't have to have a computer. I have a good memory. Thank you. So don't tell me about being forbidden. Go to Hialeah and see how many machines you see in Hialeah. We need new funding sources. So I am for the regulation, but no -- the right way. Also, we got to have the Finance inspector in the City ofMiami Page 30 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 street when you get so many now trucks -- you go outside there in Friday and see the frucks. I mean, they are frucks on wheels -- I mean, restaurants on wheels selling all over the place, 17 and 28, 13 and 28, 12 and 29, without state, city or anything regulation. They selling on the street, competing against the legal business that (UNINTELLIGIBLE) going to pay 5 percent more for the license coming next September -- October. Thank you. Chair Sarnoff Thank you, Mr. Cruz. Mr. Prieguez, you're recognized for the record. Manuel Prieguez: Thank you very much, Mr. Chairman and Commission. Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. First of all, let -- here representing Magic City Casino. First, let me just say for the record, Magic City Casino and me personally, for that matter, you know, feel very uncomfortable having to come up here and, unfortunately, be in opposition to the Mayor on the particular language that you had before you today. The Mayor, going back to the prior Administration, was one of the biggest champions that this community had for the Magic City Casino, and he, quite frankly, had the vision and saw that -- how important this facility was going to be for creating jobs and for doing all the positive things that we have done. So having -- you know, although we're in opposition, we feel very uncomfortable, you know, sometimes not agreeing with our very, very good friends. And just as a very, very quick update, since we've been up and running in October, the facility, through its voluntary one and a half percent share in gambling revenues to the City ofMiami, has donated more than $500, 000 to the City. Of the 500-plus employees, we have 350 documented City ofMiami employees that account for 6 to $8 million in salaries. And these are people that live here in the City ofMiami documented. So this is a very complex issue. It's a very thorny issue. And I'll just say a couple of things. The first thing I want to say is that we believe that what's currently in the books is the most effective way of enforcing these amusement machines that are used for gambling purposes because the City states very clearly that gambling machines of this nature are not allowed. So Chapter 12, in our opinion, is right on, that together with the kind of police enforcement that we've seen over the course of the last four years. The problem that we have with this language is that the language -- this very language has been used around the state of Florida and as close as the City of Hialeah in order to amusement machines that are fruly being used for gambling purposes. Let me be very clear. There is a loophole in state law that allows companies -- if they're allowed to by municipalities -- to take advantage of a loophole where they can state that they are amusement machines but are truly gambling machines in nature, and there's nothing that anyone can do about it unless cities, like the City ofMiami, you know, put their foot down and prevent that from happening. So our worry is that although the Mayor and the Administration has the right intentions of not allowing gambling machines to run around under the guise of amusement machines, this language is not the right language because this is the language that the City of Hialeah uses in order to have amusement machines that are really used for gambling and what many other municipalities around the state of Florida, in fact, use as their template to be able to get around and exploit the loophole that exists. So the devil is in the details. You have to be so careful when you craft this language because today, as Barnaby stated, bona fide amusement machines, things that we remember as Pac-Man and Donkey Kong, are absolutely allowed in the City ofMiami, and you could absolutely have them without any problem It's when these machines are used for gambling that then Chapter 12 kicks in and says, hey, no way that this could be allowed. So we look forward to working with the Administration to tighten it as much as possible to make sure that people don't exploit this and don't become too entrepreneurial, if you will, and certainly work straight with the Commission and with each Commissioner to make sure that this is done right. So with that, I -- Chair Sarnoff Mr. Prieguez, I have a couple questions and one clarification. The only clarification I'd like to say to you is Magic City doesn't donate the City to the -- doesn't donate its money to the City ofMiami. It is regulated. And part of its regulatory scheme is it provides us 1.5 percent. Not a donation. Mr. Prieguez: Well, it's -- it was a voluntary agreement, Commissioner, that was entered into City ofMiami Page 31 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 that literally has the 1.5 percent -- Chair Sarnoff It was an agreement -- I was here. And it was an agreement that was necessary for us to allow that regulatory scheme to go by. It's not a donation. We didn't come to you as a city, as a charitable venture, and saying would you mind donating money to us. It's a self -regulatory scheme. I don't want to get into -- Mr. Prieguez: That's fine. Chair Sarnoff -- words of -- Mr. Prieguez: That's fine. Chair Sarnoff -- parsing with you. Mr. Prieguez: We're partners. However way you put it, we're partners, whether we're donating or not. Chair Sarnoff I consider it that we're your regulator, along with the State. But -- Mr. Prieguez: All right. Commissioner Gort: We'll accept additional donation, I mean. We don't have any problem with that. I'm sure the Mayor will be very happy. Chair Sarnoff I have a -- I actually have a question for you because you're actually -- Mr. Prieguez: Yes, sir. Chair Sarnoff -- championing something I didn't think you would champion, and that is let's leave it alone just the way it is. The Mayor says if -- let's leave it alone just the way it is, we have people out there right now who are getting permits, permits for machines, which you say are gambling, but permits for machines that we don't know what they really do, correct? Mr. Prieguez: Yeah. Chair Sarnoff So if we leave it alone, correct me if I'm wrong, don't we continue the problem of people coming in for $500 -- getting a thousand permits for another $500, coming in getting another thousand permits. Isn't that a problem in and of itself? Mr. Prieguez: I would argue no, and let me tell you why. Because right now Chapter 12 is so clear that gambling machines are not allowed that if -- let's say hypothetically this ordinance weren't to pass and it would go away and the status quo would remain. Those 970-some odd permits are not going to be used for what they were intended to be used for. Chair Sarnoff They'll be used for gambling. Mr. Prieguez: No, no, no. They're not going to be used at all. My opinion is is that those permits were acquired because somebody saw what was happening and thought that this language was going to pass and knew that that would open up an opportunity to play with the loopholes that exist in state law, and they would have eventually tried to have used them for gambling purposes. That's our position. If you stay with Chapter 12 as it is, okay, I would bet you, no pun intended, that the machines that those stickers were bought for would not be used for what they were intended to be used for. In other words, those machines -- those stickers were not used for Coca-Cola machines. Those stickers were not gotten [sic] for Laundromats. They City ofMiami Page 32 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 weren't gotten [sic] from any other type of coin -operated machine. They were purchased because this was looming on the horizon. And as Commissioner Suarez astutely, you know, argued -- Chair Sarnoff He's always astute. Mr. Prieguez: Well -- Chair Sarnoff You don't have to put that in front of it. Mr. Prieguez: -- as they -- as he astutely argued, nobody would -- nobody is getting into this because they're going to put Donkey Kongs and Pac Mans. Chair Sarnoff But doesn't -- Mr. Prieguez: Nobody is getting into this -- Chair Sarnoff -- your argument -- doesn't it tear upon the foundation upon which you stand? Mr. Prieguez: Also -- Chair Sarnoff I mean, aren't you saying, if we leave it just the way it is, we know they're going to use it for gambling. And I'm -- Mr. Prieguez: But you have -- you know, you have enforcement. You have an enforcement that - Chair Sarnoff Well, here's -- Mr. Prieguez: Let me ask you this. Let me ask you this question. If right now it is strictly not permitted and they're doing it, but then you follow that up with regulations that actually opens the door and loosens it up in my opinion, wouldn't that open up the fungus? Wouldn't that make it even worse? I mean, people are selling cocaine on -- Chair Sarnoff But if we leave it -- Mr. Prieguez: -- the corner -- Chair Sarnoff -- just the way it is and since we have history, which is the best predictor of the future, the City ofMiami spent in the past four years well over a half a million dollars of police resources going through the quality of life task force -- Mr. Prieguez: Yes. Chair Sarnoff -- which included a more robust, at the time, Code enforcement unit that we no longer have as robust. That takes officers out of his district, his district -- Mr. Prieguez: Correct. Chair Sarnoff -- his district, his district, and you say leave it just the way it is and just continue your enforcement. That's an enforcement arm that we don't have, that we're losing as a result of budgetary constraints. And I guess I didn't expect you to come up here and say laissez-faire, status quo, keep it just the way it is, you guys are doing great, because on the other end, you have ChiefExposito trying to respond to him, Commissioner -- the Vice Chair, you know, Commissioner Dunn's district. Everybody's demanding more cops. There are only so many City ofMiami Page 33 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 cops. Some of these cops are going to be used on this task force. I would have expected to hear from you, place a moratorium on these machines. Mr. Prieguez: We're fine with that. We're absolutely fine with placing a moratorium. I mean, that -- but you know, I mean, what come -- you know, can you effectively regulate -- somebody that has bad intentions is going to do it anyway. I mean, you come down to that fundamental, you know, problem. Chair Sarnoff But correct me if I'm wrong, if a police officer goes in a -- any establishment -- I don't want to typify what it is -- sees one of these machines, these machines are -- there's a moratorium on them. There's no if [sic], ands or but [sic], it's contraband. Mr. Prieguez: You got it. Listen, if you scale these, if you put a -- create a totem pole, what you communicated a little while ago would probably be the most effective way of doing this and the most airtight way of doing this. I would place second, quite frankly, with the status quo because -- you know, I live in the City ofMiami. I have my businesses in East Little Havana where a lot of this stuff has occurred, and you know, maybe I'm not seeing it, but heck, it's nothing, nothing like in the City of Hialeah where they're permitted. I mean, I don't see them as pervasive. You know, maybe there's a couple of little cafeterias and a couple little bars that have them in the back and that's where people go, but they're certainly not out in the open in a very, you know, obvious way. So I would place second from an enforcement/regulatory prospective with what we have now. And third, I guess I would have to see new language, you know, that would come from the Administration to be able to properly, you know, judge whether, you know, it would be responsible or not. Your way of doing it, we would wholly endorse. Commissioner Gort: Mr. Chair. Chair Sarnoff You're recognized for the record. Commissioner Gort: In accordance to this ordinance, you're not allowed to have it in the backroom, in a closed -door room. It's got to be out in the open, according to this ordinance. So the -- I don't see that problem. Mr. Prieguez: Well -- but the problem then would be is that you would have them. They would be legal. That would be the problem then. Because right now those -- Commissioner Gort: Yeah. But with the method you're talking about, the buyer -- the guy who buy the thousand permits, you don't know where they go. They can put them anywhere they want to. The other way, when we regulate it, each business would have to bring one and they'll be charged so much and they'll be -- they won't be do it. Mr. Prieguez: Commissioner, I would again respectfully submit to you that that person that bought those a thousand permits is not going to do anything with those permits if this doesn't pass. Commissioner Gort: Come on. Mr. Prieguez: He's not because he could have done it before. That guy, a year ago, could have bought those a thousand permits. Two years ago, he could have bought those a thousand permits. Is it a coincidence that he bought the thousand permits two months ago? Mayor Regalado: But ifI may, Mr. Prieguez. There's no one single person that bought 1,000 permits. There were 30 entities that bought license and then they ask for so many stickers. There were 30 people that bought that. And we gave that figure just to -- so you understand how liberal is what we have now. Now, I have requested to defer this so we can meet with every City ofMiami Page 34 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 members [sic] of the Commission. We met with you. We will again because we do want to protect Magic City Casino. We all know that. It's something that -- it's like donating to the City a certain -- Mr. Prieguez: Cover your ears, Mr. Chairman. Mayor Regalado: -- amount -- Mr. Prieguez: Cover your ears. Mayor Regalado: -- of money. And -- Chair Sarnoff Confractually bound, Mr. Mayor. Mayor Regalado: Yeah. And -- Chair Sarnoff Confractually bound. If that becomes a donation, we're all donators. Mayor Regalado: And by the way -- Mr. Prieguez: I'm a taxpayer; I'm a donator. Mayor Regalado: -- and for the record, as Mayor, I supported the lobbying team of the City of Miami in Tallahassee to get them -- Mr. Prieguez: The tax break. Mayor Regalado: -- more relief -- Mr. Prieguez: The tax break -- Mayor Regalado: -- the tax break. We, as a city, supported them, which will give them several million dollars more to operate, so there's nothing here about Magic City. Coming back to the language, this is about regulation. We -- and the Chairman is right. We do not have the resources to send every Thursday, Friday, Saturday night, the task force of ten police officers, ten Code Enforcement persons. We are doing noise during the weekend now. We're doing, you know, the entertainment district. It's -- we need resources so we can have resources so we can check that. This ordinance is regulatory. We will know exactly where each machine is and a Finance inspector, Code Enforcement inspector can go there and they will be -- they will have the capability of communicating to the police if they see something. But having said that, I would request a deferral for 30 days -- Chair Sarnoff All right. Mayor Regalado: - and we will be meeting with you. Chair Sarnoff Let me just go to Commissioner Suarez, and then we will have your motion. Commissioner Suarez: Thank you, Mr. Chairman. I'll make the motion for a two -meeting deferral. But I also wanted to say, I think what -- Mr. Prie [sic], I don't mean to put words in your mouth either, but I think what he meant by the status quo was the status quo before the City changed its policy to allow these licenses to be -- these machines to be licensed. Is that -- isn't that what you meant? Mayor Regalado: No. No, no. City ofMiami Page 35 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Prieguez: Well, again, I think just for clarification purposes, these machines -- bona fide amusement machines, Donkey Kong, Pac-Man, have always been allowed -- Commissioner Suarez: Right. Mr. Prieguez: -- in the City of Miami. There's no -- no one is precluded from being able to buy a sticker to use for that kind of machine, okay. The problem is is that when you use this language, this particular language to regulate amusement machines, you're opening the door to the loophole that described earlier because this is the language that the City of Hialeah uses for amusement machines that are used for gambling. And so therein lies the rub. Therein -- there's the epicenter of this debate. Create language that will be used for bona fide amusement machines, for what you see in Dave and Buster's, for what you see at Chuck E. Cheese, for what you see at establishments like that, not for what you see in Hialeah. Because I don't want to put words in anybody's mouth here, especially the Mayor, but don't believe this Commission and this Administration wants anything remotely similar to what is in Hialeah right now. Commissioner Dunn: Mr. Chair. Commissioner Suarez: And I just want to finish by saying that, you know, after making the motion, I agree with the Mayor, that this is a healthy debate. And this is -- you know, one of the great things about the Mayor's Administration and this Commission is that we've been able to have these healthy debates in the Sunshine and discuss these issues and come to something where everyone feels -- you know, not everyone always, but we all feel most of the time to be relatively satisfied with the outcome. And I will work hard, Mr. Mayor, you know, with the Adminisfration to try to see if we can craft something that achieves the goal of all the parties. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Yeah. I was -- Thank you, Mr. Chair. -- basically getting ready to allude to the same thing. I -- from whatl hear you saying, Manny, is that really, to some extent, we all want the same thing, to some extent. I do know what Casino's bottom line is. I understand that quite clearly. But it just, to me -- and I'm not an expert on this, but it seems as if there's some type of regulatory mechanism placed in there, it would stem the tide. Help me understand how, in your opinion, not doing anything would open up the floodgates. I just -- Mr. Prieguez: No. Not doing anything would not open up the floodgates. If you had, in theory, passed this language today, in my -- that would have opened up the floodgates. Commissioner Dunn: That's what meant to say. Mr. Prieguez: Well, again, the reason why that is is because the language as written here in first reading is substantially identical to the language that's in place in the City of Hialeah ordinances and in many other municipalities around the state, and that is the language that the attorneys for these places hide behind when they, in fact, put forth machines that they say are amusement machines but are being used for gambling purposes. So, if the City wants to regulate amusement machines that are not being used for gambling, then I would respectfully recommend that you come nowhere near this language because this is the language that is used up and down the peninsula in order to be able to get into that loophole that exists in state law to be able to use the gray machines, as they're commonly referred to around the state. And there are many ways to skin this cat. There are many ways to be able to craft language that the Adminisfration will feel safe that if people are doing what they say they're doing, they'll be bringing machines here that are going to be used for amusement purposes and not for gambling. Chair Sarnoff All right, folks. We had a motion on the floor and we need a second. City ofMiami Page 36 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 FR.3 10-00743 Vice Chair Carollo: Second. Chair Sarnoff And the Vice Chair seconds. All right. Any further discussion on the deferral? You gave a date -- two week -- Commissioner Suarez: Two -meeting deferral. Chair Sarnoff -- two -meeting deferral. Commissioner Suarez: Yeah. Chair Sarnoff That would take us -- Mayor Regalado: Thirty days. Chair Sarnoff Right. Chair Sarnoff -- to July 22. Mayor Regalado: It's the last meeting of July. Chair Sarnoff Right, July 22. All right. Mayor Regalado: And if you have this discussion for the deferral, imagine. Chair Sarnoff Maybe we'll have a special meeting on this. Any further discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff And I will close the public hearing. Anybody else in the public wishing to be heard on the deferral of this issue? All right, hearing none, seeing none, it is closed. Everybody okay with their vote? Reaffirm yes. Okay. All right, very good. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY AMENDING SECTION 62-604 TO ALLOW NO MORE THAN TWENTY-FIVE (25) MURAL PERMITS TO BE ISSUED AT ANY ONE TIME AND IN ANY ONE CITY COMMISSION DISTRICT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00743 Legislation.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II City ofMiami Page 37 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Note for the Record: Please refer to "Order of the Day" for minutes referencing item FR.3. END OF ORDINANCES - FIRST READING RESOLUTIONS RE.1 RESOLUTION 10-00719 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Improvements PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED Program DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 6/24/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-00719 Legislation.pdf 10-00719 Exhibit SUB.pdf 10-00719 Summary Form.pdf 10-00719 Text File Reports.pdf 10-00719 Pre-Attachment.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0274 Chair Sarnoff All right. Somebody want to re -- you want to get me back to where we can start? Looks like -- Vice Chair Carollo: RE.1. Chair Sarnoff RE.1. Alice Bravo: Good morning. Alice Bravo, CIP (Capital Improvements Program) director, City ofMiami. Chair Sarnoff You're getting your pay's worth today. Ms. Bravo: Yeah. RE.1 is an update to the expedite projects list that has been presented in the past. So we're -- updated the list to reflect projects that have already been procured and awarded and added upcoming solicitations for future projects. Chair Sarnoff All right. Anybody -- let me open it up to a public hearing, gentlemen. Anyone wishing to be heard on RE.10 [sic], which is the expedited projects list, please step up to the microphone, the podium. Commissioner Gort: RE.10 or RE.1? Chair Sarnoff I'm sorry. You're right, RE.1. Commissioner Gort: Okay. City ofMiami Page 38 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff The expedited list, RE.1, page 13 of the agenda. Anyone wishing to be heard? Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Gort. Commissioner Gort: I'll make a motion, but for discussion. Chair Sarnoff Commissioner Gort, motion for discussion. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez for discussion. Commissioner Gort: What do we have to do to add projects to this list? Ms. Bravo: It -- Commissioner Gort: Can we amend it? Ms. Bravo: It's amended periodically or it could be amended monthly, if necessary. Commissioner Gort: I'd like to see the Juan Pablo Duarte Park included in here. Ms. Bravo: Okay. Commissioner Gort: We've been working on it for a while now. Ms. Bravo: In our next amendment, we can include it or we can add it today. Commissioner Gort: I'd like to add it today -- Ms. Bravo: Okay. Commissioner Gort: -- as amended. Chair Sarnoff All right. Any other Commissioners? Commissioner Suarez: I second, as amended. Chair Sarnoff All right, second, as amended. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 10-00721 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvements JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT Program OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $619,416, FOR THE OPERATING AND MAINTENANCE COSTS ASSOCIATED WITH THE BISCAYNE-BRICKELL TROLLEY SERVICE; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $619,416, FROM THE City ofMiami Page 39 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 CITY'S SHARE OF THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS OF THE PEOPLE'S TRANSPORTATION PLAN. 10-00721 Legislation.pdf 10-00721 Exhibit.pdf 10-00721 Summary Form.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-10-0269 Chair Sarnoff Now I think I gave a 10 o'clock time certain, which, under our timeframe, we're right on track, for RE.2. RE.2 is the Biscayne trolley. It's on page 13, gentlemen. RE.2, Department of Capital Improvements. Mr. Manager. Did everybody take a day off today? Is it - -? All right, we'll move on. Vice Chair Carollo: No. She's there. Alice Bravo (Director, Capital Improvements): Good morning. Sorry. Chair Sarnoff Were you enjoying the debate on slot machines? Ms. Bravo: I did. Chair Sarnoff Okay. As long as we were mesmerizing you back there and -- Commissioner Suarez: You're tipping your hand there. Ms. Bravo: Item RE.2 is to authorize the City Manager to enter into a joint participation agreement with the Florida Department of Transportation to accept funds towards the operation of one of the trolley routes that we're evaluating. And these funds are in the Department's fiscal year '11 of their (UNINTELLIGIBLE) program. Chair Sarnoff All right. Priscilla A. Thompson (City Clerk): Chair, ifI might ask, can we please get a name for the record so the public will -- Chair Sarnoff Yes. Ms. Thompson: -- know who's speaking? Chair Sarnoff Can you please state your name for the record with an appropriate address? Ms. Bravo: Alice Bravo, CIP (Capital Improvements Program) director -- Chair Sarnoff City ofMiami. Ms. Bravo: -- City ofMiami. Chair Sarnoff All right. Do we have a motion on RE.2? Commissioner Dunn: So move. City ofMiami Page 40 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing -- I'll open up a public hearing. Anybody wishing to be heard on RE.2, which is the Biscayne trolley? Hearing none, seeing none, coming back to this Commission. We have a motion. We have a second. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 10-00722 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), PURSUANT TO RESOLUTION NO. 08-0367, ADOPTED JUNE 26, 2008, AND REQUEST FOR PROPOSALS NO. 23019, ACCEPTING THE ASSIGNMENT OF THE AGREEMENT FROM SOLID RESOURCE, INC. TO O'BRIEN'S RESPONSE MANAGEMENT, INC TO PROVIDE EMERGENCY DEBRIS CONTRACT MONITORING; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE ASSIGNMENT, UNDER THE ORIGINAL SAME TERMS AND CONDITIONS OF SAID AGREEMENT WITH SOLID RESOURCE, INC. FOR SAID PURPOSE. 10-00722 Legislation.pdf 10-00722 Exhibit.pdf 10-00722 Summary Form.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-10-0275 Chair Sarnoff Looks like we're on RE.3. Commissioner Gort: Two -- three. Glenn Marcos: Good morning, Commissioners. Glenn Marcos, Purchasing director. RE.3 is an item that is requesting an assignment of an agreement for the emergency debris contract monitoring from Solid Resources, Inc. to O'Brien's Response Management. Both companies merged and they've asked for the assignment to take place. Chair Sarnoff All right. Let me open it up to a public hearing. Anybody wish to be heard on RE.3, which is an assignment to a solid waste contract? Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 41 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 RE.4 10-00555 Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), UPDATING THE MULTI -YEAR CAPITAL PLAN BY APPROPRIATING NEW FUNDING AND CONTINUING PREVIOUSLY APPROVED CAPITAL PROJECTS FOR FISCAL YEAR 2010. 10-00555 Legislation.pdf 10-00555 Exhibit SUB.pdf 10-00555 Summary Form.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0276 Chair Sarnoff Okay, RE.4. RE.4. Alice Bravo: Good morning. Alice Bravo, CIP (Capital Improvements Program) director, City ofMiami. Item RE.4 is an update to the multiyear capital plan for capital improvements, and update appropriations and project balances as presented. Chair Sarnoff All right, let me open it up to a public hearing. Anybody wishing to be heard on RE.4, the multiyear capital plan, please step up. Hearing none, seeing none, coming back to this Commission. Is there a motion? Vice Chair Carollo: So moved with -- Commissioner Dunn: Second. Vice Chair Carollo: -- amendment. Chair Sarnoff All right. We have a motion by the Vice Chair, second by Commissioner Dunn. You're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you. I have four amendments, and these are all appropriations within District 3. My first amendment, page 9, appropriation amount of $343,248 from project number B30168C [sic] to project number 40-B30613 on page 11. That's my first amendment. My second amendment is on page 13, appropriation amount of $1,975, 000 from project B40686 [sic] to project number 40-B30613 on page 11. My third amendment is amending, on page 9, an appropriation amount of $9, 800 from project number 40-B30168B to project number 40-B30613 in page 11. And my fourth and last amendment is to amend, on page 8, appropriation amount of $2,120,492 from number -- project number 40-B30031A to project number 40-B30613 on page 11. And Ms. Bravo, I just want to make sure that in this last project, and we spoke about this, that we work together with Dorca from Grants in order for the bike lanes. In line with my physical conservatism, you know that I totally disagree with tearing up roads that do not need to be torn up. And I think with a grant that we approved just a few Commission meetings, we could do the bike lanes and achieve the same task. Those are my four amendments. Chair Sarnoff All right. Commissioner Suarez: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Suarez. City ofMiami Page 42 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Suarez: One of the amendment numbers -- I couldn't follow all of the amendment numbers, but one of them -- and I think you said before the amendments that they were all coming from District 3. Vice Chair Carollo: Yes. All the amendments are coming from Disfrict 3. The $9, 800 were funded in that number right there, which is various -- if you notice, it's from various Shenandoah traffic circles. However, $9,800 came from District 3 funds and were never utilized for any Disfrict 3 projects. Commissioner Suarez: I have no problem with that. The one that I thought I heard you read -- and maybe I didn't read it careful -- maybe I didn't understand it correctly -- was 40-B30168B, which says Silver Bluff Traffic Calming Phase II. Vice Chair Carollo: Exactly. That's the one -- it's for -- the whole appropriation was $2 million. Commissioner Suarez: Right. Vice Chair Carollo: However, that was $9,800 from District 3 that was not utilized for any Disfrict 3 projects. And it's my understanding there should be about a million something left over in there for, you know -- Commissioner Suarez: Everything else. Vice Chair Carollo: Yeah, for everything else. Commissioner Suarez: Yeah. I got it. Vice Chair Carollo: However, 9,800 specifically were from Disfrict 3 sfreet bonds. I believe it was street bonds -- Ms. Bravo: Yes. Vice Chair Carollo: -- and were not used in District 3. I don't know if they were used in Disfrict 4 or they were just not used at all. Ms. Bravo: And -- Commissioner Suarez: Can you con --? Ms. Bravo: Yes. Of the 2 million original budget for the project, 9,800 was from Disfrict 3 street bonds. The balance is from District 4 sfreet bonds. The project is being closed out for construction and will have a remaining balance of Disfrict 4 street bonds that could be reallocated in the future. Commissioner Suarez: I have a general question, Mr. Chairman. Chair Sarnoff Yeah, please. Commissioner Suarez: My general question is, I didn't know prior to the Vice Chairman offering these amendments that there were potentially other districts' street bond money intermingled with, you know, projects that are -- that were planned for District 4. And so I'm concerned that, you know, based on what the Vice Chair is saying, there may be other projects that have other kinds of -- City ofMiami Page 43 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Gort: There's a lot of intermingles. Commissioner Suarez: -- intermingling. Chair Sarnoff Is there a lot? Commissioner Suarez: For example, there may be District 4 money that is allocated in other districts, and what I'm not getting is why wasn't I, you know, notified of all of this before the meeting and why, you know -- and is there other monies from District 4 potentially that may be in other district projects that were District 4 street bond money? Ms. Bravo: Yeah. I -- Vice Chair Carollo: And Mr. Chair -- Chair Sarnoff You're recognized. Vice Chair Carollo: -- before -- I do want to say, Commissioner Suarez, that I know of this instance. In reviewing my district's, it doesn't seem like there were any others. However, also take into consideration, this was something that was approved, I think it was, in '08, so -- and so -- and that's why we're updating it. So again, you know, this was approved, you know, in prior Commission meet -- prior Commission and so forth and now that's where, you know, we're updating and so forth. And I saw this one instance. I don't see of -- you know, any other instance and -- just for the record. And I didn't want to, you know, speak before you, Madam Director, but I just wanted to point it out. Chair Sarnoff And to give you a little bit of history. Street bonds two -- and I don't know that you even know this -- was essentially divided into five, over objection by me, because the sfreet bonds money is theoretically there to fix all of our streets, and it wasn't done by the percentage of streets that we had in the City ofMiami, and it wasn't done by the percentage of failing sfreets, which apparently get rated by not only the City, but by the County and by the State. So, in some respects, a lot of Commissioners got a significant benefit by having street bonds divided by five. Disfrict 2 got injured by that because my understanding is that more than 40 percent of all the streets exist in Disfrict 2 and 60 percent of all the F-rated sfreets exist in District 2. So I'll give you a historical background of how you can politicize money and that was the politicization of money. Commissioner Suarez: And I appreciate the lesson, and I welcome -- Chair Sarnoff No. (UNINTELLIGIBLE) memory. Commissioner Suarez: -- it in any -- you know, giving context to any other item that comes before us because, as I've mentioned before, you know, our institutional memories are very short. I just want to make sure -- I want an affirmative statement on the record that no District 4 monies from sfreet bonds or any other source are allocated in other district projects and vice versa. Ms. Bravo: That I'm aware of there are none, and we're going to pull a specific report to -- Commissioner Suarez: Okay. Ms. Bravo: -- confirm that. And if anything should arise -- Commissioner Suarez: We can always readdress it -- City ofMiami Page 44 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 RE.5 10-00718 District 5 - Commissioner Richard Dunn H Ms. Bravo: -- we will come back to you. Commissioner Suarez: -- in the future. Okay. Thank you. Vice Chair Carollo: AndMr. Chair. Chair Sarnoff You're recognized. Vice Chair Carollo: And Commissioner, I don't want to apologize, but I apologize. I know the director is working on that and I kind of jumped the gun a little bit when I started going into all my projects and so forth. So you know, I know she's definitely doing a good job and looking into all of that, as she told me. I just -- you know, I guess it was my fault 'cause I jumped the gun and started looking at all these different projects and so forth, so I just want to put that for the record. Chair Sarnoff Commissioner Gort? No. All right, gentlemen, we have a motion. We have a second. It was for discussion. Are you prepared to vote? Vice Chair Carollo: As amended. Chair Sarnoff As amended. Priscilla A. Thompson (City Clerk): As amended. Chair Sarnoff As amended. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Ms. Bravo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING FOUR (4) VOTES TO CODESIGNATE NORTHWEST 10TH STREET FROM NORTHWEST 3RD AVENUE TO NORTHWEST 4TH AVENUE, MIAMI, FLORIDA, AS "WILLIS-RICHARDSON STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-00718 Legislation.pdf 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 RE.5 was deferred to the City Commission meeting currently scheduled for July 8, 2010. Chair Sarnoff Looks like we're up -- RE.15, correct me ifI'm -- RE.5, excuse me, is -- that's been withdrawn or continued? City ofMiami Page 45 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Priscilla A. Thompson (City Clerk): No. Chair Sarnoff That is going right now? Still on? Ms. Thompson: Yes. Chair Sarnoff Then RE.5. Commissioner Gort: Naming of the street. Commissioner Dunn: Yes. That's been deferred, Mr. Chairman. Chair Sarnoff I think you need a motion. Commissioner Dunn: I would like to defer this -- Chair Sarnoff All right. We have a mo -- Commissioner Dunn: -- to July 8, I think it is. Yes. Chair Sarnoff We have a motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- to continue this to July 8. Is there a second? Vice Chair Carollo: Second, and I think it's a deferral. Chair Sarnoff I thought -- is it a deferral or continue --? A deferral means what, the next Commission meeting? Ms. Thompson: The deferral -- if it's the next like meeting, that's a continuance. If it's anything else, if you're deferring it to another meeting a week apart, that's your deferral. Commissioner Dunn: Could you repeat that? I'm lost. I'm sorry. Chair Sarnoff Me too. Commissioner Dunn: I just want to be clear on it. Chair Sarnoff She usually gives us that little paper, that cheat sheet. Commissioner Dunn: Yes. Ms. Thompson: Yes. And I will make sure that you get this paper again, okay. Chair Sarnoff All right, it's a motion to defer. Vice Chair Carollo: To the date that's stated by -- Chair Sarnoff To July 8. Vice Chair Carollo: Exactly. Commissioner Dunn: Okay. City ofMiami Page 46 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff All right, we have a motion and we have a second. Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. RE.6 RESOLUTION 10-00740 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 14, 2010; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00740 Legislation.pdf 10-00740 Exhibit.pdf 10-00740 Exhibit 2.pdf 10-00740 Exhibit 3.pdf 10-00740 Exhibit 4.pdf 10-00740 Exhibit 5.pdf 10-00740 Summary Form.pdf 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 Noes: 2 - Commissioner(s) Carollo and Suarez R-10-0277 Chair Sarnoff Okay. RE.5 -- RE.6. Keith Carswell: Good afternoon. Keith Carswell, assistant director for Department of Solid Waste. The proposed increase in the solid waste fee is to support the waste management operations of the Department in the City ofMiami. Chair Sarnoff I'm sorry. Are you asking us to set --? Mr. Carswell: Asking that you set the modest increase from 365 to $395 per residential household to support the waste management operations of the City. Chair Sarnoff All right. Let me open it up to a public hearing. Anybody from the public wishing to be heard on RE.6, please step up. Mariano Cruz: Myself. Chair Sarnoff However, you must be a taxpayer. Just kidding. Mr. Cruz: I fee pay. See, you were listening to me. Chair Sarnoff I listen to you. City ofMiami Page 47 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Cruz: Mariano Cruz, 1227 26 Street. Seeing the service that the Solid Waste does, 'cause I know that they do a good service, and compared to other municipalities, I am in favor myself of paying more for solid waste. Last year I was in favor of paying (UNINTELLIGIBLE) $50. It doesn't bother me. I will pay the increase because I know it's put to a good use and that's the people that sweat out there, okay, not people that stays in the MRC (Miami Riverside Center) building looking at the river down there, okay. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on RE.6, please come up. That is the setting of the solid waste fee. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: So moved, Mr. Chairman. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Interesting. Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Discussion, gentlemen. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. Unfortunately, I cannot support this item. Growing up, I was always kind of taught that the City ofMiami does three basic things. It polices our streets. It protects us from the Fire -Rescue prospective, and it collects our garbage. Those are the three essential things that the City ofMiami does. And we collect $500 million to do that on a yearly basis. For me, I understand that maybe other municipalities charge more money. I may be -- I take a -- I may take a hard line or I may have a harsh perspective on this, butl don't think that we should charge anything. And I think that we should figure out a way to provide those three basic services within our means. That's my philosophy on the fee. It's never been challenged. I just spoke to the City Attorney. She -- it's never been challenged. The Fire -Rescue fee was challenged successfully. I don't know that anybody will ever challenge it in the future. I suspect that they might have success in overturning it, and if they did -- because these are the three basic things that the City does. If we don't provide these services within our means, then, you know -- I mean, we can always say that these departments are all out of budget, I mean, in the sense of we're not getting what we pay for them if we were to charge on a fee -for -service basis, but we don't charge fee for service. We charge in ad valorem taxes based on the value of homes and that should be sufficient to pay for the things that we -- the basic services that we provide. So I can't support this because it -- first of all, it -- in essence, it has me ratify the fee that currently exists, but not only that, it increases -- gives the Commission the discretion to increase it further in the future. And since I don't agree with it in the first place, I can't vote in favor of this. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Mr. Chairman, yes. To my colleagues, Mr. Chairman, and to Commissioner Suarez, I understand your position. One of the issues that -- that's -- that think that we should take under consideration is the fact that our solid waste fees are, in fact -- and you did mention that in your comments -- the lowest in South Florida. Given the fact that we have a magnanimous deficit, I believe that the increase from 360 to 3 -- 365, pardon me, to 395 would generate about $20 [sic] million. In addition to that, I have also been informed that we pick up -- I think we pick up around not the solid waste, but the trash, we do that once a week -- twice a week, I'm sorry, twice a week, where some municipalities, if I'm not mistaken, may do it once or once every two weeks. Chair Sarnoff Once a week. City ofMiami Page 48 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Dunn: Once a week. Chair Sarnoff We do once a week. Commissioner Gort: Trash is one a week -- Commissioner Dunn: One, yeah. Commissioner Gort: -- and the other one is two. Yes. Commissioner Dunn: But the -- Commissioner Gort: The garbage. Commissioner Dunn: -- frash piles, we do that once a week. In other municipalities -- I probably have a distinct situation where I live. On the east side, I'm in the City, and right across the street is the County. I actually have that, so I see both departments at work and there is no pickup at all, if I'm not mistaken, for the County. I'm not suggesting that we go to that, but it is a burden on our department. So I just saw this as -- I support this because I believe this would at least help alleviate some of the pain and maybe generate some income. Commissioner Gort: Mr. Chairman. Commissioner Dunn: I would really like to do more than that. I would support something more than that, butt know that that's out of the question. Chair Sarnoff All right, Commissioner Gort. Commissioner Gort: You know, I can understand your point of view, Commissioner Suarez, and I wish we could provide it without any fee paid by the residents, but unfortunately, as the -- right now we're projecting about $80 million deficit next year. If we were not to charge anything, you'd have an additional thirty some million dollars coming to it. I know $20 million -- I mean, $20 increase a year will not affect that much, but at the same time we have the best sanitation system in the world. I mean, we pick up garbage twice a week, trash once a week. No one else has that type of services in the city, and that's one of the reasons why I second the motion. Chair Sarnoff All right. Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I have grappled with this for a few days now and I'll tell you why. First of all, I see that it's a modest increase and at the same time, it's not even an increase. It's just the maximum that we could increase. However, the perception will be this is what, you know, garbage fees will be. Saying that, I believe at this time I am not ready to vote for any increases or suggest any increases because I do feel that although the Administration is doing one heck of a job -- and I always say actions speak louder than words and we're seeing it. They came today with the May 30 numbers, which has been the fastest, the quickest we have ever received the previous month's numbers, so I'm seeing the work that they're doing and it's definitely commended. However, I don't think they've had enough time to comb through every account to see that there's money left over from previous years, and although I do think that it's a modest increase, I -- right now I'm not ready to vote for any increase. Mayor Tomas Regalado: Chairman. Chair Sarnoff Mr. Mayor, you're recognized. That was easy. Mayor Regalado: No. I -- you know, I sat there and I said the same. I believe that the City has City ofMiami Page 49 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 responsibility. It's the three things that the City needs to do. Last year, we had a deadlock and we did not raise the fee. This year, I told the Manager and I told each and every one of you that I would not support and I would veto any increase beyond $400 because I think it's important that we understand that we have, I think 69,000 -- we have 69,000 residentials [sic] and we have them in every district, although some districts have more than that and some houses can afford or not afford it. What we are proposing is a $30 increase that would mean $2 million additionally for the Solid Waste Department. We believe that what we are doing at Virginia Key -- and believe me, there is a major plan to utilize Virginia Beach, number one, to reduce the tipping fees that we have now with the County, which takes the bulk of the Solid Waste budget. I mean, we're paying like $9 million or $10 million for the tipping fee in the County. We believe that we can reduce the tipping fee and we can make money at the Virginia Key facility. That facility was underutilized for many, many years. As a Commissioner, I visited there many times and I saw the potential, and we're doing things. We believe that we need to give people relief. We have stated on the record that we will present you with a budget with no property tax increase, no rollback because rollback is the trick, you know. People hear rollback and think, oh, you're coming back. No, we're coming up because the rollback will give you last year the same money, so we're being straight with the people. We are telling the people we are committed not to raise taxes. We do believe that the 395 is something that people can afford. And I understand, and I understand that nobody can afford $5 more, but -- and I understand -- and we've discussed this at length with the Chairman -- that he believe that this needs to be more. Although, I told him well then, if the Commission were to go over 400, I will veto, but we have to send the trim letter on July 1, so you guys going to have to come back on July 4, and I guess you don't want to do that to -- on a special meeting. But I'm just -- I agree with you, both of you. I sat there, I said the same. I believe that we didn't do it last year because of what happened at the Commission level. It stayed the same. If we don't do nothing, it will stay the same. I do believe that we can tell the people ofMiami that if we want to keep the same good service that we have -- and remember, last year we discussed like going once a month. And Marc, you did got [sic] the more e-mails (electronic) from your district, no, no, no, no, no. People want to keep the same service. I -- trust me, all the members of the Commission, back then we got thousands of phone calls and e-mails and faxes from people that were saying, no, no, no, no, no, no, we want the same service. People are used to the same service. It's very unusual, I mean, because the County pick ups twice a year, a year, and you have to pay for a special pickup. And so we are the leading city in South Florida in terms of service, and I believe that the public understand that $30 a year is something that -- it makes sense. So that's -- so I -- Chair Sarnoff I -- you're -- Mayor Regalado: -- my -- the thing -- Chair Sarnoff -- heard loud and clear. Mayor Regalado: No, no. But the -- what came before you to say is that kept saying to the Manager -- and trust me, they want to go overboard because they understand that the service needs to be pay [sic] and we have equipment and all that to do. But kept telling them, more than 400, I will veto and it will be complicated things to resolve. Chair Sarnoff Thank you, Mr. Mayor. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chair. I just want to elaborate a little bit on what had said previously and I appreciate the Mayor coming before us and stating those words. I think there's mutual admiration both with myself Commissioner Suarez, the Mayor and so forth. And I understand that it is definitely a modest increase. And I understand, as you all, I'm sure, know, the financial situation that we're in. At the same time, you know, giving a couple examples of what was stating before, you know, today we had a very -- what thought was a very good debate with regards to, you know, the fees or the licenses. You know, one thing that noticed is City ofMiami Page 50 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 that we were -- I don't want to say frying to mirror Hialeah with this, but that we were looking very closely to how Hialeah was doing it. However, we were charging $500 per machine; they're charging 600. So I'm saying, well, wait a second, you know. Well, why can't we charge 600 should it have passed, you know, when it was presented to us. And I'm not saying I'm in favor of it or against it. I'm just saying well, why did we take a backseat? If they're charging $600, why couldn't we have charged $600? Why couldn't we have, you know, charged $750? And maybe that difference, you know, could have then replaced raising someone's garbage fees. You know, we had a very hard decision that I voted for, you know, just Monday, you know, where we used 400 million in general fund money, where I'm saying, hey, I mean -- and it was for a very good cause. Again, I voted for it, you know, and I stated, you know, that, again, I grappled with that. But again, that could have prevented from raising these garbage fees, so that is why I stipulate right now I cannot support any increase because I think there may be other ways of making up that money, and I heard the Mayor say that should we increase it to $30, it would be a sum of $2 million. I thought it was actually less than that. I thought it was one point some -- Carlos A. Migoya (City Manager): One point seven. Commissioner Gort: One point eight. Chair Sarnoff One point seven. Vice Chair Carollo: One point seven. Mr. Migoya: Right. Vice Chair Carollo: So -- Mr. Carswell: If you compare the number of households in this roll, the 69,131 households. The difference of $30, assuming that there were no additional households from the prior year, it would be $2, 073, 000. Mr. Migoya: Well -- yeah, he's right because the one seven that I have, some of that money, some of the $2 million goes towards capital allocation. That's why the million seven is the general fund piece, so he's right. Vice Chair Carollo: Gotcha. And going in line with that, I would have liked to have been able to study it a little bit more and see -- Listen, if you don't believe that my district is one of the poorest, one of the most in need and so forth, just look at the CDBG (Community Development Block Grant) funding. I mean, that outright tells you what districts are in most need. Commissioner Dunn: The greatest need, yeah. Vice Chair Carollo: So I would have, again, prior to voting for any tax increase, liked to have really been a little bit more educated on it and really seeing how many households it would affect in my district, what areas it would affect. Because in all fairness, a lot of these elderly people that, you know, don't have that much money or can't afford it, actually live in apartment buildings that have their trash picked up in a different way. It'll be through a business. So, you know, these are details that -- yes, you're right. Am I getting down to the details? Yes, I am. But the truth of the matter is I think it's something that needs to be looked at and should have been looked at in the past and so forth. And that's why at this point right now, I cannot vote for any tax increase. Thank you, Mr. Chairman. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. City ofMiami Page 51 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff By the way, the Vice Chair did not mean to say 400 million. He meant to say 400, 000. Commissioner Suarez: Four hundred thousand, yeah. Vice Chair Carollo: Yeah, 400, 000. I'm sorry. Commissioner Suarez: Just two things. I don't want to restate my position, but we talk a lot about best practices in terms of analyzing what decisions we make with reference to what other people are doing. Sometimes the best practice is not to do what other governments are doing. In other words, not to adopt things that other governments -- or not to use them as a model in any way, shape or form for what we should be doing. That's kind of a little editorial, but we have what we have now. Whatever the Commission decides is what it is. My question is, looking -- moving forward and just kind of -- in terms of making this fee make any kind of sense for the people who use our services in the City, one of the things that I suggested was potentially give people the options -- kind of like a pick -a -pay, where they have the options, depending on the services that they want and that the fee is based on those options. For example, I happen to be -- I happen to not have children and I don't accumulate a lot of garbage. So I may need -- you know, it's true. I may not need to be -- my garbage to be picked up twice a week. Maybe I only need it to be picked up once a week. And I may not need bulk pickup. I don't, in fact, need bulk pickup once a week. I could probably do with bulk pickup, you know, once a month or once every three weeks. So if you could give residents the ability to pick how much services they want and you can computerize it, the fee would be more fairly -- would more fairly correlate with the services that they need and people wouldn't be overpaying for services that they don't want. And then at the same time, you can be delivering the services to those who want the two pickups a week, that want the bulk once a week, and they can pay the full fee. So just a thought. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort. Commissioner Gort: Let me see ifI can come up with a suggestion. My understanding is -- if you can come up with the figures -- the ad valorem taxes are going to be lower, a lot of the homes, if we can get that figure. At the same time, one of the reasons we were downgraded to triple B because this Commission had stated that we will not raise taxes. And I believe that this year and this year's ad valorem taxes are going to be lowered quite a bit so the residents are going to pay a lot less than -- I would not -- I don't think you need to be passed today 'cause this will be implement -- Chair Sarnoff We do. Mr. Carswell: Yes, we do. Chair Sarnoff We do. Mayor Regalado: Yes. Commissioner Gort: It has to be today? Chair Sarnoff Yeah, July -- Mayor Regalado: Yes. Because -- Commissioner Dunn: July I. City ofMiami Page 52 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mayor Regalado: -- if we don't act today, they have to send the trim on July 1 to the County, and it will be the same price that -- last year. I mean, you have to vote down this in order for them -- the frim be sent with the 365. If you do approve this, then you have the capability of more -- Commissioner Gort: Of lowering it later on. Mayor Regalado: -- discussion between 295 and 365. Commissioner Gort: Gotcha. Mayor Regalado: And then you can reduce it five, you can reduce it ten, but it has to be voted today. Commissioner Gort: Gotcha. Well, my understanding is is -- and like I said, I'm ready to vote for it, but believe this Commission should have more information, especially on how much the taxes are going to be lowered per household, if possible. And -- Mr. Migoya: We can provide you that, but here -- going to the Mayor's point again, the 395 is not -- you're not voting on the actual increase today. You're voting on a cap of 395. Chair Sarnoff Your maximum rate. Commissioner Gort: Okay, gotcha. Mr. Migoya: And then we will deal with this through the budget issue and so forth. So at that point, you'll have the flexibility. During that period of time, we'll have all the details about all the revenue sources -- Commissioner Gort: Gotcha. Mr. Migoya: -- all the expense structure -- Commissioner Gort: Okay. Mr. Migoya: -- and exactly where we are. Commissioner Gort: Okay, gotcha. So we're voting for the cap. We're not voting for increase at this time. Mr. Migoya: Right. Commissioner Gort: Okay. Chair Sarnoff I guess I get to go. Probably for the first -- not first time, but I'm actually sitting up here with a very open mind. I've met with the Mayor many times. He sat on this Commission numerous times when I advocated for a higher fee probably for two reasons, one which it was [sic] always been my goal for the City of Miami to get into what is called "single -stream recycling," which essentially means that we have the big bins like the County has. We were told in those times that by going to single stream, we would reduce our garbage by 30 percent and our -- and essentially, what that would do is reduce our tipping fees and would be a savings overall. I was -- at that time I wasn't the green Commissioner, although I think I factually thought I was. And I always wanted to get us to where we were recycling as much as possible. So I think was even supportive of a fee as high as 450, maybe even $500 at the time 'cause I City ofMiami Page 53 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 wanted to get us to a tipping -- to get rid of the tipping fee and get us to single -stream recycling. Like Commissioner Suarez, I equally agree that the essential services of the City ofMiami should be provided within the ad valorem. Now whether that's philosophically possible, it is a philosophical statement that he makes that I actually agree with him upon. We don't have the oh -should -I -need -a policeman fee. We don't -- we had the fire fee, which, for various reasons, proved to be unconstitutional in one aspect. We have a garbage fee. I suspect it was done for political -- politically motivated reasons because people did not want to increase mill rates and increase taxes and instead, they charged fees. In the end of the day, as we all know as we walk upon life and we start paying this toll, that toll, we go on I-95 to 836, by the end of the day, you pocket's a little bit lighter and does it really matter -- all that matters is your pocket's a little bit lighter. So I really do come up here with a very open mind. I do want to point a couple things out 'cause I think it's valid, I think it's fair. For anyone who has multi units, more than four units, in their district -- I happen to have Brickell, which is predominately and pervasive. I know you have some in District 3. I know everybody does. Predominantly, you don't, Commissioner Suarez. But your dad, for instance, lives in a high-rise and it's going to be fun. He pays approximately -- almost $100 on a service he doesn't get. I joked with the Mayor yesterday, and I said it was like the British. It was taxation without representation. And then he said the Spaniards did the same thing in Cuba. So I said how do I phrase that? And he goes, "No, no. The same way. It was the same issue." And it -- I find it ironic that there are people who pay for a service that don't get it in the City ofMiami, but we do this: well, that might be the case. I also equally know, being the good-natured guy that Commissioner Suarez is -- I'm not sure he's got a garbage can, 'cause I know a neighbor of his needed a garbage can and the City ofMiami didn't have any garbage cans, and he gave him his garbage can. And I'm going to check and see how you put out your garbage. But -- Commissioner Gort: He uses the neighbor's. Chair Sarnoff I think he does. I think he has a joint agreement and he might have something there. Commissioner Dunn: He doesn't have any kids. Chair Sarnoff But the point is we're running a city on a very skeleton basis, and I don't know that we have any exfra garbage cans to give out. And I remember before becoming Commissioner, I said this. The only substantial change in my life as a resident of District 2, the City ofMiami ever made was what I called the `green soldiers, " which were the garbage cans. It actually changed my quality of life, the ability to wheel my frash out in a reasonable manner and get a great deal of bulk in there. If you all remember, you had the metal garbage cans, and then you had the plastic ones, and they broke. These things lasted better part of five years, but we're at that five- to six year level, and I think we're going to be replacing a great many garbage cans. So I sit here fully content on even doing away with the garbage fee. I sit here fully content on leaving the garbage fee just where it is. And I sit here fully content understanding the Mayor limiting this to $395 per resident, 'cause you can see there will never be a four fifths override on this dais. And I'd like somebody to convince me of the right or wrong of this, because I sit here representing Brickell fully well knowing that former Mayor Suarez is paying $100 that he doesn't get, as do about 24,000 residents, and it will be up to 70,000 residents by the time this is all said and done in my district that will be paying a fee that they don't get that service. And whether it was the British or the Spanish, I think that was wrong. So I'm here to be convinced, gentlemen -- Commissioner Dunn: Mr. Chair. Chair Sarnoff -- 'cause I suspect I'm the swing vote. You're recognized for the record. Commissioner Dunn: Given the financial crises that we're in, I believe anything that could alleviate some of that pain in that deficit is a plus. It is still open. The verdict is still out that -- City ofMiami Page 54 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 you know, it's -- the cap is 395, but it gives -- at least it gives the Manager and the -- and all of who will be making the decision, including ourselves, the ability to revisit some of the suggestions, even that my colleague, Commissioner Suarez. And I'm -- I believe there should be a -- I don't know how it can be done or achieved -- diversity of services offered to those specific needs, but at least for right now, given the time constraints that we're facing, I would rather have something in place. It's -- what is the old adage? It's better to have it and not need it than to need it and not have it, and so that's where I'm at. And I'll give you one more. It's better to be pennywise than pound-foolish. Chair Sarnoff All right. Mayor Regalado: IfI -- Chair Sarnoff Mr. Mayor. Mayor Regalado: Mr. Chairman. Chair Sarnoff Sure. Mayor Regalado: Well, I don't live in Brickell and yet, I'm paying for a service that I'm not getting. I'm paying a third of my taxes to the School Board. I'm paying the Children [sic] Trust. I'm paying South Florida Water Management because that's the way it is. I -- we don't have children in the house now; we did. But -- and everybody does. I'm -- I mean, it's something that is part of the way of the United States. I could also -- Chair Sarnoff It's the -- Mayor Regalado: -- claim taxation without representation and renounce the School Board or something, which, by the way, they don't take homestead exemption. But I just think -- and I know how important the Chairman is in this now because he's the swing vote. But whatever we do, we have to leave in a few minutes to the session either with a cap of 395 or a cap of 365. There's no other alternative other than that. So it's either -- because we do need to send the trim to the County and we have to do it next week. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Well, I'm not here to persuade you one way or another. I stipulated my reasons. I stipulated what I was going to do. And like I said, at this point in time I wasn't ready for any tax increases. So I'm not here to persuade you. However, I do want to bring a point sort of in line with what Commissioner Suarez said, and it's on a side note; and I won't, you know, just derail everything, but is there a possibility -- and I was speaking to one of my constituents the other day and he mentioned this -- that on the tax notices, just like in the IRS (Internal Revenue Service) 1040 Forms, there's a little box there that says if you want to contribute $3 to the presidential campaign or so forth. Is it possible, realistically, to have a little box there that says "If you'd like to contribute an additional $20 to the City ofMiami" and so forth? I mean, I think some people -- Mayor Regalado: Nobody. Vice Chair Carollo: Well, you never know, Mr. Mayor, until you try. So that's just a suggestion that I'm just putting out there. Commissioner Gort: Mr. Chairman. City ofMiami Page 55 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff You're recognized, Commissioner Gort. Commissioner Gort: I want to make sure we all understand what we're doing today. We're voting on a cap, and I want to make sure that the press (UNINTELLIGIBLE) correctly; that don't want them to come out tomorrow "Oh, we're going to increase $30." I want to make sure this is a cap, and I requested that the Administration look at the -- how much is going to be the lower tax and how much we're going to be able to lower the taxes on the residential at this time. And at the end, we all might vote not to increase at all. I just want you to understand that. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Mr. Suarez -- Commissioner Suarez. Commissioner Suarez: I feel like I'm trying to convince my prom date here to -- you know, the way that the City was going was we had a fire -rescue fee, a fee that was supposed to pay for our fire services; we have a garbage fee; the next thing that was -- would have come down the pipeline is a police fee. So in other words, now we have a fee, in addition to taxes, for the basic services that we utilize in the City ofMiami. The Court struck down the fire -rescue fee. Not even going to get into what they would do with the garbage fee, but if it would -- you know, what's the point? What's the point -- what are we taxing people for then if we have a, you know, fire fee, and we have a garbage fee, and then we have a police fee? You know, why are we paying taxes? Where is that money going? What is it paying for? And I think that's the philosophical issue that have. I mean, I understand all the other points that were made. I would -- you know, I really feel strongly about this, and I would go as far as to make a motion that the fee be reduced to zero right here, right now. So -- I mean, that's how strongly I feel about it. And you know, we talk a lot about -- you know, we talk a lot about generating income and generating income and generating income through all of these sources, but we're not talking enough about cutting expenses and cutting expenses and cutting expenses. And I don't know if the dialogue is heading in the direction that think is in the best interest for the City, so that's my final -- Commissioner Dunn: Mr. Chairman, one last -- Chair Sarnoff Yes, sir. Commissioner Dunn. Commissioner Dunn: I -- again, I appreciate the healthy dialogue. I think this is -- and debate. I think we're going to have to, as a Commission, come to grips with the fact that in order to maintain the level of services or even increase the level of services, it's almost impossible to do some of these kinds of things without some type of fee increase. It's just -- it's -- the two just don't, to me, go together to be able -- you want to increase or maintain particularly when you look at the fact that we are the lowest in the South Florida area, but believe we provide the best services. We do know, in terms of regularity -- I witness this every -- we pick up on Mondays and Thursdays; the County picks up on Tuesdays and Fridays. I see it everyday for the last 15 years where I reside. I just believe that we have to come to grips that we cannot expect to maintain the level of services at zero cost. The beauty I believe of this item is the verdict will not -- we're not making a final decision today. We could very well decide -- the Administration could very well decide, we as Commissioners could very well decide, as Commissioner Gort stated earlier, that we will not increase, but at least we will be in a position to add on -- it may not be 395. It may be more minimal than that because -- I like your suggestions, Commissioner Suarez. I really do. But we will lock ourselves in and we will be boxed out if we make, in my opinion, no decision today or leave it as is. Chair Sarnoff All right, let's -- I'm going to make a couple of statements and then I'm going to ask you a question. One, I happen to agree, there's no city that have ever seen that I'd want to emulate. I have studied the best practices of every city, except for a few of the smaller ones that City ofMiami Page 56 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 make some very tough decisions. There's no large city that is a business model for how to get something done. New York City's in dire straits; Los Angeles, California, is in dire straits; Chicago, but for the fact it sold every one of its parking spaces, would be in dire straits. The only city, interestingly enough, Commissioner Dunn, that has done a half -way decent job because you had a visionary mayor, eight years ago saw this whole calamity coming, is Atlanta. But Atlanta equally has the second largest airport in America that has revenues that drive it in a place that we would never be. So there's no city in America -- I happen to agree with Commissioner Suarez -- that want to emulate. As a private sector person, I ask myself so how has the cost of living increased in the past three years. And guess what? It has not at all. The cost of living has receded the better part of 25 percent, if you consider housing. If you don't want to consider housing, it's down to about 11 percent. So why is it things continue to cost more money each year in the City ofMiami when, I think we learned, the average citizen has lost 27 percent of his income but not a City ofMiami employee? No. Those sacred cows don't lose that type of money. So it is a revenue -driven issue and it is an expense -driven issue. The Mayor has one true function in the City ofMiami, and he's fulfilling that function. He is setting the budget. He has full-time staff full-time people. He has a Manager that no other Mayor has ever had before to do this. So I want to give a lot of deference to him doing his most important function for the City ofMiami. He's determining what this budget should look like, and he's giving us then the opportunity -- and you'll see what it's like come September -- to fiddle with his budget. But he is going to present a budget to us that is going to determine what the City of Miami will or will not look like. Now I equally, Commissioner Dunn, have a district called Coconut Grove that is essential that it get a trash pick-up two times a month -- two times a week. I'm sorry, once a week for the heavy trash. We even debated going to twice a month. You will have a rat problem in Coconut Grove because of the vegetation. You will have a -- because of the fruits and whatnot. What I'm going to ask this Commission to do is -- we're going to go to an executive session in a -- probably in the next minute or two. I'd like to table this and hear what is said at the executive session, 'cause I think that will affect what I'm going to do from a philosophic standpoint, whether it should remain at 365, whether I would second Commissioner Suarez's motion to do away with the fire [sic] fee, or whether Igo with whatl think the Mayor has the absolute right and obligation to do and that is tell us this is the cap I want you to consider. But I'd like to hear what's said at the executive session -- Maria J. Chiaro (Deputy City Attorney): Mr. Chair. Chair Sarnoff -- without repeating it, of course. Ms. Chiaro: Your executive sessions, as schedules [sic], relate to the negotiation for the union contracts -- Chair Sarnoff Right. Ms. Chiaro: -- and -- Chair Sarnoff I know what we do up there. Ms. Chiaro: Okay. I just wanted to make -- Chair Sarnoff I listen. Ms. Chiaro: -- sure there wasn't any implication that this item in particular was going to be discussed at the executive session. Chair Sarnoff No, no, no, no. It -- my understanding is the way governments work is there's expenses and there's revenues. I'm about to hear the expenses, and -- City ofMiami Page 57 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Ms. Chiaro: Yes. Chair Sarnoff -- I'm about to hear and see how they look. Ms. Chiaro: All right. Chair Sarnoff So if you all don't mind tabling this till the afternoon session? Ms. Thompson: Chair, ifI might ask one question because I need clarity. I thought I heard Commissioner Suarez said [sic] that he would be prepared to make a motion. I did not hear him make a motion. So I don't want your record to be off -- Commissioner Suarez: The thing is that there's already a motion already on the table. Vice Chair Carollo: Right, there's a motion on the -- and a second. Ms. Thompson: Yes, there is, there is. Commissioner Suarez: Right, right. So -- Vice Chair Carollo: And Commissioner Suarez didn't make a motion. He said he will be prepared, but he did not make the motion. Ms. Thompson: Thank you. I just want that clarification. Chair Sarnoff All right. So is everybody okay with just tabling this, and we'll come back to this first thing? All right. Vice Chair Carollo: We come back at 3? Chair Sarnoff Well come back at 3 o'clock. Vice Chair Carollo: Thank you. Ms. Thompson: I'm sorry, I'm sorry. Ms. Chiaro: Wait. Ms. Thompson: We have an advertised executive -- Ms. Chiaro: Executive session at -- at 2. Ms. Thompson: -- for 2 o'clock as well, so you actually have two -- Ms. Chiaro: Executive sessions. Ms. Thompson: -- executive sessions, one is for your labor and one is for a settlement issue. Ms. Chiaro: You have the shade meeting scheduled -- Chair Sarnoff Shade meeting, right. Ms. Chiaro: -- at 2 o'clock and then you have a -- Chair Sarnoff We could still be back at 3. We'll be back at 3. Go ahead. You need something? City ofMiami Page 58 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 We're still here. What do you need? We need to open up -- Ms. Thompson: Yeah. I need some -- I'm sorry. And you know -- Chair Sarnoff All right, gentlemen, stay where you are. Ms. Thompson: -- I'm the one -- Chair Sarnoff Everybody stop, stop, stop, stop. She's going to make announcement, I believe. Ms. Thompson: Okay. And here's your ant at the picnic, as usual. I need some clarification because you're advertised for 2. So are you now saying that you're making a note for the record that you will be back at 3 --? Chair Sarnoff We'll be back at the regular Commission meeting at 3, but do we need to come down here, is that what you're saying, and --? Ms. Thompson: Oh, yeah, you have to come here before you go into your second executive session that was stated for 2 o'clock. Yes, you must come back here. Commissioner Gort: At 3 o'clock we have to come down. Chair Sarnoff Right. Do we need -- we need -- Commissioner Gort: Two of (UNINTELLIGIBLE) -- Chair Sarnoff -- just a quorum to do that? Ms. Thompson: I'm sorry? Ms. Chiaro: Yes, you do. Ms. Thompson: Oh, yes, definitely. Ms. Chiaro: Yes, you do. Chair Sarnoff Okay. Ms. Thompson: Definitely. Chair Sarnoff All right. So what do we need right now to move to executive session? Ms. Thompson: What hear you saying is -- you're actually taking a recess right now because you have an executive session for your labor. After you do that -- when you finish that, you will come back here, okay. You will then reopen your meeting -- Chair Sarnoff For -- Ms. Thompson: -- go into your -- go into another executive session, recess, go to that session, come back and open again. Chair Sarnoff All right. Ms. Thompson: So we're -- City ofMiami Page 59 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff So 2 o'clock you expect us to be down here with at least two Commissioners to do -- well, two other Commissioners, three in total, to open up an executive session again? Ms. Thompson: Correct. Chair Sarnoff All right. RE.7 RESOLUTION 10-00744 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE USE OF THE FLORIDA EAST COAST RAILWAY SLIP AND A PORTION OF BICENTENNIAL PARK BY TEAM MIAMI, LLC, FOR THE VOLVO OCEAN RACE 2012, FOR THE APPROXIMATE DATES OF APRIL 22, 2012 THROUGH MAY 25, 2012; WITH AN AGREEMENT TO BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL; AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO BE INCLUDED IN THE NEGOTIATION OF SAID AGREEMENT. 10-00744 Legislation.pdf 10-00744 Cover Memo.pdf 10-00744 Map.pdf SPONSOR:CHAIRMAN SARNOFF 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-10-0270 Chair Sarnoff All right. If you want to get that -- let me just go to RE.7. Again, that was a 10:28 time certain. Just so you know, we're right on schedule in this Commission. RE.7, gentlemen, is on page 15 of your agenda, and that is a resolution authorizing the use of the Florida East Coast rail slip and a portion of Bicentennial Park by Team Miami, LLC (Limited Liability Company). I think you all have seen this once before for the Ocean Race Volvo 2012. You have a packet, I think, in each one of your agendas. Vice Chair Carollo: Mr. Chair. Chair Sarnoff You're recognized -- Commissioner Gort: Move it. Chair Sarnoff -- for the record, the Vice Chair. Vice Chair Carollo: I move it with a friendly amendment. Chair Sarnoff Go ahead. Vice Chair Carollo: My friendly amendment is, as you all know, the Bayfront Park Management Trust is the one who manages Bicentennial Park, so my amendment is that the Bayfront Park Management Trust does participate in the negotiations, maybe the executive director, Tim Schmand, so then it'll go to the Bayfront Park Management Trust. So my amendment is to make sure that the Bayfront Park Management Trust is included in the, you know -- you know, is City ofMiami Page 60 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 RE.8 10-00746 Office of the City Attorney Votes: included, representing as part of the negotiations. Chair Sarnoff I think that's -- Commissioner Suarez: Seconded as amended. Chair Sarnoff All right. We have a motion by the Vice Chair, second by Commissioner Suarez, as amended. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT & KISSANE, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF HELENE HUTT, ETC. V. CITY OF MIAMI, ETC., IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 10-21451-CIV-MARTINEZ-BROWN, PLUS ANY COSTS OF LITIGATION, INCLUDING BUT NOT LIMITED TO, RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FOR SAID PURPOSE FROM ACCOUNT NO. 00001.131000.531010.0000.00000. 10-00746 Legislation.pdf 10-00746 Cover Memo.pdf Motion by Commissioner Gort, 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-10-0278 Chair Sarnoff All right, we are on now RE.8. Maria J. Chiaro (Deputy City Attorney): RE.8 is a resolution offered by the Office of the City Attorney to retain Cole, Scott & Kissane to represent the City in conjunction with personnel from the CityAttorney's Office in the case of Helene Hutt versus the City ofMiami. That is a case related to an allegation on the sale of bonds that the City put out in previous years. We will be working with counsel for the City, who are helping the City with the investigation from the Securities and Exchange Commission. This is for -- the retention requested in this resolution is for representation on this particular class action lawsuit. Chair Sarnoff All right. Let me open up to a public hearing. Does anybody wish to be heard on RE.8, which is Cole, Scott & Kissane being the recommended engagement of a law firm in regards to the Helene Hutt versus City ofMiami class action lawsuit? Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 26th Street. And, you know, the time we are asking to cut expenses, unions to cut salaries and pensions and the whole thing, I see -- I don't know how many -- how much we spending in outside counsel, 'cause I see here a lot of pending suits, Jorge City ofMiami Page 61 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Fernandez, this guy Michael Boudreaux, andAluko, and all the others were here and (UNINTELLIGIBLE) and executive sessions. I don't know how much does this cost -- costing the City. You know, we talking less -- I don't -- (UNINTELLIGIBLE) with me -- (UNINTELLIGIBLE) I know it's good the lawyers have to make a living, but they don't get paid living wages or minimum salaries, you know. That's all want to say. Please, you are there to watch out for the interest of the City ofMiami, not for the interest of the lawyers. Thank you. Chair Sarnoff Are you recommending we don't hire this firm? Mr. Cruz: We don't have enough attorneys there, or we just need to hire an administrator? Chair Sarnoff What if the City Attorney were to tell you that this is a specialized area --? Mr. Cruz: Well, then, I -- fine, you told me that. Then we -- only thing we need is an administrator to say we litigate this. We settle this out of court. Then you have a pool of lawyers with different expertise all these things, expert in tax law, this -- whatever, and then we use it from that pool. Chair Sarnoff So if this law firm knew class action and we didn't have that expertise, you'd rec - _? Mr. Cruz: Oh, no. Okay, that's fine. Chair Sarnoff Okay. Just -- Mr. Cruz: But count all the money we're spending in -- look at the (UNINTELLIGIBLE) case, the fire inspector; half a million dollars, okay. And now the City's appealing with outside counsel. And anyway, probably we have to pay that, the half a million, plus the cost of the law too -- legal (UNINTELLIGIBLE) whatever you (UNINTELLIGIBLE). Chair Sarnoff Okay. Mr. Cruz: Half a million dollars (UNINTELLIGIBLE) a case that was -- and you know what it was, retaliation to the lady (UNINTELLIGIBLE) problem there, Ms. (UNINTELLIGIBLE). Thank God, she was three times in front of the Civil Service also. I know that case. Chair Sarnoff Thank you. All right. Anybody else wishing to be heard on the retention of law firm of Cole, Scott & Kissane in the Helene Hutt case? Hearing none, seeing none, coming back to this Comm -- the City -- I'm sorry; the public hearing is now closed, coming back to this Commission. Do we have a motion? Commissioner Gort: I move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Discussion. Commissioner Gort: I'd like to ask -- Mr. Chairman, you being an attorney -- that you explain the reason why we hiring this individual, 'cause I think it's important for the people to understand. Chair Sarnoff Yeah. That's a fair statement. Helene Hutt is a City ofMiami resident who is suing and attempting to become part of a class of people who are claiming that as a result of the City ofMiami Page 62 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 nondisclosure of the City ofMiami's -- the alleged nondisclosure of the City ofMiami's financial condition, somehow she would have received a higher rate on her bond because it would have reflected the City ofMiami's health and condition not being to the extent that she is paying -- is being paid a certain amount of rate on the bond that she took. I -- you know, Cole, Scott & Kissane are probably experts at litigating federal issues. Cole, Scott & Kissane, in conjunction with our SEC (Securities and Exchange Commission) counsel, I think the City Attorney made an excellent choice in addressing Judge Martinez and Magistrate Brown in the federal litigation. And I think they will be able to short-circuit this case very quickly 'cause -- I saw your expression, Commissioner Gort. I don't think she's incurred damages. I think it's highly speculative, and I don't think they're going to have much success. But the reason we're hiring this firm is because of their expertise in federal court. All right. Ms. Chiaro: Mr. Chair, ifI might add? Chair Sarnoff Yes. Ms. Chiaro: And it is particularly the expertise as relates to securities, fraud litigation, because we handle the other cases in our office in federal court, but it is this particular area of the law that requires that expertise. Chair Sarnoff Thank you. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Do you handle class actions? Ms. Chiaro: Have handled class actions. Chair Sarnoff Okay. Ms. Chiaro: It's more directed towards -- Chair Sarnoff To the SEC? Ms. Chiaro: -- the Securities -- yes. Chair Sarnoff Okay. Commissioner Gort: Yeah. This is different. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Go ahead. You're recognized. Commissioner Suarez: I've been kind of the stickler here on the dais about outside counsel fees, and I have to say that the fee schedule that saw was incredibly low. That $300 for a partner is what you would pay an associate at a big law firm. So that may not mean a lot to the general public, but can tell you that that's half or better than what a big firm would normally charge. So we're getting a great deal. What concerns me sometimes is the total amount, not so much the hourly amount. And I don't know what we can do as a body to put limitations or -- maybe monthly limitations or -- you know, there's got to be a way for us to control the outside cost there. Ms. Chiaro: When we negotiated the cost that -- the fees for this case, we asked for a budget to handle the case, and so we have a breakdown at each step along the way of the lawsuit, but we'll City ofMiami Page 63 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 be happy to keep you informed on a monthly basis on how we are spending the money on this particular case. And I think we do that on any other case that we have related to retention of outside counsel. Commissioner Suarez: I don't want to speak -- Mr. Chairman, ifI may? Chair Sarnoff Oh, please, continue. Commissioner Suarez: I don't want to speak for any of the other Commissioners, but I think it's a good idea in the future to get that information as well, not only to have the hourly rate but to have what you just mentioned, which is kind of an estimate of -- Commissioner Gort: That is a good idea. Commissioner Suarez: -- all the stages of the -- so we can have an idea as to the total cost and the total cost as we go along on each stage. So if -- I think for the next -- you know, if there is a next time -- hopefully, there won't be a next time, but if there is a next time, you know, then we can do it that way. Chair Sarnoff All right. We have a motion. We have a second. Any further discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.9 RESOLUTION 10-00720 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 3 TO THE CONSTRUCTION MANAGER AT RISK Program AGREEMENT WITH SUFFOLK CONSTRUCTION COMPANY, INC., HEREINAFTER THE "GUARANTEED MAXIMUM PRICE AMENDMENT", FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSES OF ESTABLISHING A GUARANTEED MAXIMUM PRICE ("GMP"), OWNER CONTINGENCY, OWNER ALLOWANCES, CONSTRUCTION MANAGER'S FEE, AND GENERAL CONDITION EXPENSES; PROVIDING FOR A SUBSTANTIAL COMPETION DATE, INCREASING THE COMMUNITY SMALL BUSINESS ENTERPRISE ("CSBE") PARTICIPATION GOAL, AUTHORIZING CSBE INCENTIVE PAYMENTS, MODIFYING CONTIGENCY DISTRIBUTIONS, AND OTHER ACTIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A COMMUNITY WORKFORCE PROGRAM ("CWP") INCENTIVE PAYMENT, IN AN AMOUNT NOT TO EXCEED $50,000, WHICH INCENTIVE PAYMENT WILL NOT CAUSE AN INCREASE IN THE GMP, AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT WITH NO FURTHER CITY COMMISSION ACTION EMBODYING THE CWP INCENTIVE PAYMENT; ALLOCATING FUNDS FROM THE SALE OF SPECIAL OBLIGATION PARKING REVENUE BONDS. City ofMiami Page 64 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 10-00720 Legislation.pdf 10-00720 Exhibit SUB.pdf 10-00720 Summary Form.pdf 10-00720 Section 2.pdf 10-00720 Text File Reports.pdf 10-00720-Submittal-Memo-City Manager -Substitution for RE.9.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, 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-10-0271 Chair Sarnoff And I think -- is there another time certain? Yeah. I did (UNINTELLIGIBLE), 10:33. We're right on schedule once again. RE.9, RE.10, RE.11. Commissioner Dunn: RE.9? Chair Sarnoff RE.9, RE.10, RE.11. We are on page 16 of our agenda. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: I would like to move this item for an -- with an amendment. Chair Sarnoff Okay. Commissioner Dunn: RE.9? Chair Sarnoff Yeah. Let me get there myself. RE.9. Let's have Department of Capital Improvement [sic] put something on the record. You are recognized, once again, for the record. Alice Bravo (Director, Capital Improvements): Good morning. RE.9 -- Chair Sarnoff Name. Ms. Bravo: Alice Bravo, CIP (Capital Improvements Program) director, City ofMiami. This is an amendment to our agreement with Suffolk Construction Company, our construction manager at -risk for the stadium parking garages, and this authorizes several modifications to our agreement for cost -savings and incentives. Chair Sarnoff Can -- Mr. -- Madam Clerk, can we open up RE.9, 10 and 11 simultaneous so that the testimony and record would reflect all three motions -- all three --? Priscilla A. Thompson (City Clerk): As long as you state it on the record as such, but we will have to take each vote individually. Chair Sarnoff I understand. Gentlemen, if you wish to address any aspect-- maybe what I'll let them do is present because I think some of your motions may pertain to different aspects of it. Would you also present on 10? Would you also present on 11? We'll take them individually, but this way, the record would be pertinent to all three. Larry Spring: Commissioners, Larry Spring, chief financial officer. RE.10 is a resolution of the City -- Miami City Commission, with attachments, supplementing and amending resolution City ofMiami Page 65 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 number R-09-0509, adopted in October 22, 2009, to provide for the issuance of and not to exceed 20 million in aggregate principal amount of City ofMiami, Florida special obligation parking revenue bond anticipation notes. For supplemental information for the record, this -- we need to put a few things on the record with regards to this item. The total amount that the City will be allowed to draw down on this bridge loan has been reduced by the bank from 20 million to 15 million. The security for the bridge loan should include as pledge funds all of the same security as for the proposed parking bond, including funds resulting from the City's covenant to budget and appropriate, meaning the CDT (Convention Development Tax) parking revenues, parking surcharge, and the -- all monies, including non ad valorem revenues resulting from the covenant to budget and appropriate. Redemption notice should be given at least 15 calendar days before the proposed redemption date as opposed to 30 days that was previously in the document. The interest on the bridge loan should be calculated upon a actual 365-day basis instead of the 360-day basis. No draw down shall be requested after January 1, 2011, as opposed to January -- excuse me, June 1, 2011, i.e., the draw down should be completed within the first six months of the note. There will be no resale of the bridge loan. The bridge note -- Merrill Lynch will hold this note throughout the entire loan period, which is up to one year or early redemption or repayment. And other interest -- other than interest on the loan, there is no fees or expenses ofMerrill Lynch for the bridge loan. Those are the clarifications that I needed to add to the record. Chair Sarnoff I think you should say that one more time. Commissioner Suarez: Yeah. Can I --? I was going to -- Chair Sarnoff I think that's a little bit of good news. Mr. Spring: Oh, the last one? Other than the interest rate on the loan, there are no fees or expenses ofMerrill Lynch for the bridge loan. Commissioner Suarez: Mr. Chairman, ifI may? I just want to -- Chair Sarnoff You're recognized for the record. Commissioner Suarez: Thank you. I really want to salute you both, the Manager and Mr. Springs [sic] for there not to be any closing costs, in essence, and also, the bridge loan is actually at a better rate than the bonding -- than what it looks like we're going to have to pay on our bond, which is usually the opposite. Usually, when you do a bridge loan, because you're getting from one place to the other and because it's a short-term loan, it's usually at a higher rate. So -- I mean, I salute you for this. And it just -- it goes to show that, you know, you guys are putting in some incredible work and effort into this. Thank you so much. Vice Chair Carollo: Mr. -- Chair Sarnoff Commissioner Gort and then Commissioner -- and then the Vice Chair. Commissioner Gort: I agree with the -- Commissioner Suarez. But I'll salute you even more if you can get Merrill Lynch to drop it even a little bit more. I mean -- Mr. Spring: I did call the bank this morning. I spoke to our main banker and they will post up to their credit committee the opportunity for them to reduce this. I would like to put on the record, however, they -- because they are holding the note, it's not a traditional re -marketable piece of credit. Commissioner Gort: I understand. We're the bad guy; you're the good guy. City ofMiami Page 66 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Spring: But we did ask and, you know, we'll -- obviously, they couldn't answer before the meeting today -- Commissioner Gort: I understand. Mr. Spring: -- but the question is out there, so -- Commissioner Gort: Thank you. Mr. Spring: -- perhaps it's (UNINTELLIGIBLE). Carlos A. Migoya (City Manager): Mr. Chairman. Chair Sarnoff Mr. Vice Chair. Mr. Migoya: IfI may? Just -- oh, I'm sorry, Vice Chair. Vice Chair Carollo: I just want -- Chair Sarnoff I don't want to ask him to yield to you, so I'm going to let the Vice Chair speak. I'll come back to you. Vice Chair Carollo: It won't take long. I just wanted to throw some kudos out there to you. And that's what happens when you have a City Manager who's a banker or former banker so -- finance guy. So, you know, once again, kudos out there. I -- you know, great job. Mr. Migoya: It's really -- I hate to admit it 'cause their parent company is someone I'm not really a fan of but Merrill Lynch has really done a great job of coming up with a great structure for us. And a bridge loan of this type, which is really six months or less, even at the 4 percent -- obviously, I understand a normal BAN (Bond Anticipation Note) would be a different deal. It's not something that they make money on at this point in time because of all the work that it has to go through to make this happen. So we really appreciate the efforts that they've put together in putting this together and in a very short period of time, so we appreciate what they've done as well. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Let me go to Commissioner Dunn. I'll come back to you. Commissioner Dunn: I don't want to sound redundant, but I also want to thank you. When it was explained to me that this pretty much is a harmless loan -- bridge loan that's presented to us that will provide somewhat of a safety net for us. Also, that Merrill Lynch, it behooves them to try -- they want to see the bonds go to sell because it's to their advantage. Could you just kind of elaborate just on that last piece there, Mr. Manager? Mr. Migoya: They are -- Merrill Lynch is the marketer of the bonds, so therefore, the people that can do this the best, because they will control the sale of the bonds, will be them. So being able to do the bond anticipation note, the BAN or the bridge loan, or whatever you want to call it, but giving us the $15 million, would be them because, obviously, as they do the sale themselves, they'll be able to pay themselves back on that $15 million. So it's -- it was a -- we had talked to a couple of different people, but at the end of the day, Merrill would be the right one, and they had us over a barrel and they didn't take advantage of it. They actually did a nice job of coming up with a really decent transaction. Chair Sarnoff Commissioner Suarez. City ofMiami Page 67 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Suarez: Thank you. One thing that also wasn't mentioned that I wanted to put on the record 'cause it indicates your hard work and the deal that you negotiated on behalf of the City is that there's also no prepayment penalty. So we don't have to hold -- you know, we don't have to pay all the interest for the six months. They could have said, look, if you're going to do it -- we're going to give you a bridge loan, you pay all the interest for the six months at any moment as a penalty if you don't, you know, hold the loan for the entire amount and then we also get the interest on the new, you know, loan, on the bonds, in essence. So it's just another sweetener that wasn't mentioned and I wanted to put it on the record because it indicates what a good deal you did for us. Thank you. Chair Sarnoff Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. One last thing that I did want to indicate that, you know, it shows faith. 'Cause I mean, in all fairness, ifMerrill Lynch right now wants to -- with the -- you know, with the deal that they're putting together, I mean, in all fairness, if they want to issue $15 million to us, I think indirectly that lets everybody know, you know, the trust they have in us and so forth and, you know, we are doing it correctly. We are -- you know, we're being cautious, but we are doing it correctly. And this -- you know, this is all going to happen, and you know, once again, it's the faith they have in us. So I think it speaks volumes. Commissioner Dunn: Mr. Chairman, I have to say this. Mr. Springs [sic], you better have your seat while you're ahead. Mr. Spring: I've still got to present one more item. Chair Sarnoff Right now we're on RE.9, RE.10. We'll take RE.11 separately. It is a little bit of a distinction. Madam City Attorney, I have to make a disclosure and ask if there's a conflict for me to vote. I am an owner of Bank ofAmerica shares. Maria J. Chiaro (Deputy City Attorney): Unless your proportion of Bank ofAmerica shares exceed 5 percent of the -- Chair Sarnoff I don't harbor as much as the City Manager. Ms. Chiaro: As described previously, you do not have a conflict -- Chair Sarnoff Okay. Ms. Chiaro: -- a voting conflict on this matter. Chair Sarnoff Thank you. All right. Gentlemen, we've heard enough on RE.9. Vice Chair Carollo: Yes. Chair Sarnoff We have a motion? Ms. Thompson: I'm sorry, Chair. Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff I'm sorry. Go ahead. City ofMiami Page 68 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Ms. Thompson: IfI might. You already had a mover on RE.9, which was -- Chair Sarnoff Oh, I'm sorry. Ms. Thompson: -- Commissioner -- Chair Sarnoff I didn't remember. Okay. Sorry. Commissioner Dunn: No problem. Ms. Thompson: However, if-- I need to further clear your record up for you. I have in my possession an amendment to RE.9, which wasn't -- I did not hear stated on the record -- Commissioner Gort: Right. Ms. Thompson: -- so I want to make sure that we're there with that one. And we do have stated on the record the -- an amendment by Mr. Spring on RE.10. Chair Sarnoff Can somebody put what the amendment is on the record? Ms. Thompson: For RE.9, that is. Chair Sarnoff RE.9. I'm sorry, RE.9. Can somebody please from the Administration or is [sic] Commissioners aware of it? Commissioner Dunn: Yes, Mr. Chairman. Chair Sarnoff Go ahead. You're recognized for the record. Commissioner Dunn: Yes. Again, I want to commend the City Manager for building an incentive into the contract for the use of local small businesses, butt would like to submit an amendment to this resolution that would give the City Manager the authority to negotiate a similar incentive for the CWP requirements of the contract so long as the GMP, guaranteed maximum price, is not exceeded. So if Suffolk exceeds the 35 percent City goal, then the incentive will kick in. And that's really to really bring to bear the emphasis on the jobs perspective. Chair Sarnoff Can somebody help me with that some -- Commissioner Gort: My understanding, the figures are -- Chair Sarnoff -- because I'm not sure I follow it? Ms. Bravo: Well, the current language of the agreement provides that 50 percent of the workers on the project should meet the County's criteria for community workforce development, and of that 50 percent number, 35 percent should be City ofMiami employees. Chair Sarnoff And that was -- wasn't that already in the --? I thought that was -- Ms. Bravo: Yes. Chair Sarnoff -- in the agreement. Ms. Bravo: That's already in the agreement. City ofMiami Page 69 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff So how are we amending that? Ms. Bravo: Well, I think that's the Commissioner's proposal, to provide an incentive for them to exceed -- Commissioner Dunn: If they exceed. Ms. Bravo: -- the 35 percent City ofMiami requirement. Chair Sarnoff And how do we incentivize them to do that? Mr. Migoya: IfI may. 'Cause they're asking us to negotiate this. Am I to understand -- 'cause the goal is to be at 35 percent, and so that we're not -- and what we did in the CSBE (Community Small Business Enterprise) one, which was a lower number, we gave them an incentive starting at 30 percent going higher. So what you're saying is if they get beyond 35 percent, that we work out some kind of schedule that as they go up higher, we can incentivize them up to $50, 000 as long as the GMP is not exceeded. Is that what I understand? Commissioner Dunn: Yes. Chair Sarnoff What -- Commissioner Gort: But -- Chair Sarnoff Go ahead. Commissioner Gort: I thought it was up to $100, 000 if they get to a certain level. Ms. Bravo: Well, the CSBE amendment to the existing agreement would provide that the CSBE participation goal would be 26 percent, and if they reach 30 percent CSBE participation, then they would receive an additional incentive of $20, 000. Every 1 percent additional incentive that they receive would increase that incentive by $10, 000 up to a cap of 100,000 if they reach 40 percent CSBE participation, so long as the GMP is not increased. Mr. Migoya: I think it's 38 percent, but that's okay. Ms. Bravo: Thirty-eight percent. Chair Sarnoff Then let me ask you because -- let me be the Vice Chair for a second. If what was just handed to me says not to exceed 50,000, are you verbally amending this on the --? Ms. Bravo: Well -- Mr. Migoya: This is an amendment that was just brought up to me today, in which I will be okay with if we want to do this, but it's up to you guys. I think what we're trying to amend is for allowance up to $50, 000 and for me to negotiate something similar to what we did on the CSBE to fry to get the 35 percent number and going north of that number. Ms. Bravo: The original amendment today is to provide additional incentive for CSBE, and the Commissioner's proposing a similar structure to provide additional incentive for community workforce. Chair Sarnoff My only --I like to know, especially on Marlins stadium, what I'm voting on. You all weren't here for this. And I just need to know dead pan, dead straight what I'm voting for it, and while I frust this City Manager, who knows what the next one's going to be about. I just City ofMiami Page 70 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 want to understand exactly what it is we're voting for. The money that you're saying that you anticipate could be saved, you're going to throw it back as an incentive to the contractor, I guess Suffolk, to exceed 35 percent of the workforce being the City ofMiami? Mr. Migoya: No. The $100, 000 incentive that we currently have is coming from the owner's contingency. Chair Sarnoff Okay. Mr. Migoya: And so if we were to do this $50, 000, it would also come from the owner's contingency. The 60/40 split has not anything to do with the owner's contingency. It has to do with the contractor's contingency, which at this point is a million eight fifty. And what we said is, on the hard costs, which is $67 million, instead of just allowing them to split 60/40, if they come in at $65 million, which is $3 million a share, then, you know, they should be entitled to an incentive for doing that, just like we would be, and it would be a 60/40 split of the difference of whatever that savings would be within the $67 million number. I believe it's 67, right, Robert? What's the --? The hard cost is 67? Commissioner Gort: It's 60/40. Mr. Migoya: Sixty million? Whatever the -- 60 million -- hard costs line items are. Chair Sarnoff Well, see, I'm not even sure you know what we're doing. Mr. Migoya: No, no. I know the line item. Chair Sarnoff Can Robert Fenton come up and address the Commission? Robert Fenton: Robert Fenton, City ofMiami, project manager for the parking garage project. Our cost for the -- on the GMP is in the neighborhood of 60 million. The rest of -- Chair Sarnoff Six -- Mr. Fenton: Sixty million. That's the hard costs. The rest of the items going after the 73 include the contractor's soft costs, owner's contingency, owner's -- there's an owner contingency. There's also -- I'm sorry. John, you want to come up and --? Chair Sarnoff While you're waiting on that person, I -- let me ask you, is the owner supportive of this because you're invading his contingency? Mr. Fenton: If the owner's in agreement with this? Chair Sarnoff Yes. Mr. Fenton: Absolutely, sir. Yeah, we are in agreement. We've built in an owner's -- Mr. Migoya: I think we're the owners. Mr. Fenton: contingency -- Chair Sarnoff So we're -- you're not talking about the Marlins' contingency. You're talking -- Mr. Fenton: No, no. Mr. Migoya: No. We're talking -- City ofMiami Page 71 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff -- about -- Mr. Migoya: -- about the garage. Chair Sarnoff -- our contingency. Mr. Migoya: Our contingency. Mr. Fenton: Absolutely. Chair Sarnoff But doesn't a contingency -- isn't it there to protect unforeseens? Mr. Fenton: Correct. We have an owner -- Chair Sarnoff So aren't you invading the protection of the unforeseens? Mr. Fenton: No, no. We have an owner contingency built into the GMP which is not -- Chair Sarnoff I remember that. Mr. Fenton: Okay. In addition to that, outside of the bottom line of the 73 GMP, we have another owner's contingency. Chair Sarnoff Where's our secondary owner's contingency? Mr. Migoya: It's when the bond -- Mr. Fenton: The secondary -- it's below the line, below the 73 million GMP. Mr. Migoya: Right. Chair Sarnoff And I hate doing this to you guys, but this is just not the way you bring up at the last minute. Mr. Migoya: No. That's all detailed in the bond deal, and it's in your information. Chair Sarnoff To me -- and forgive me, I'm going to be a lawyer -- a contingency is something that is -- it's insurance to protect an unforeseen situation. Commissioner Gort: Right. Mr. Fenton: Correct. Chair Sarnoff If you start invading the insurance on the unforeseen, you have less insurance. Am I wrong on this? Mr. Migoya: No. You're right. Chair Sarnoff So -- I mean, everybody's anticipating, you know, no hurricanes, all great things. One hurricane in this city, a category 2, and we're into that contingency. And -- Mr. Migoya: The -- Chair Sarnoff -- I certainly -- look, I think this is a great idea, but I think the one thing that City ofMiami Page 72 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 everybody's been reasonably comfortable on is that the Marlins stadium seems to be coming in, what do they say, ahead of schedule, on budget, you know, all those good words you guys like to use, until the very last two months when everything has to get done. Ms. Bravo: And ifI may. What the structure allows us to do is to provide the construction manager to have an incentive to reduce costs and avoid claims and -- by being able to share in the remaining amounts if they are not tapped. Without that incentive, then they're -- they have no incentive but to -- Chair Sarnoff To meet the number that they said they'd hit in the contract. Ms. Bravo: But there's different items with regard to the contingency and the contract. We want them to come in below the guaranteed maximum price, if possible. Chair Sarnoff Right. Ms. Bravo: And to provide them an incentive to do that, we would share in the savings if they come in below that number. So that's what this attempts to do. Without providing them a sharing in the savings, then they have no incentive but to come in at that number. We're hoping they come in lower. And to give some perspective for a different agency, for example, FDOT (Florida Department of Transportation) provides a 50/50 sharing structure, and here the City would receive 60 percent of the sharings, so it's a better deal. Chair Sarnoff Oh, I remember the -- Commissioner Gort: No. I don't think that's the question. Chair Sarnoff -- modification we made to Suffolk. I remember the modification when we did the GMP, we turned around and we got the better part of the savings, I think it was 60/40 -- Ms. Bravo: Sixty/forty. Chair Sarnoff -- and that happened some time about six or eight months ago, ifI recall correctly. My only concern is -- and I don't want to sound -- I'm not going to enforce the five-day rule on you, Commissioner Dunn, but this is something that I would have wanted to have looked at very harshly. I spilled a lot of blood on this dais with the Marlins stadium, and it is -- appears to be only $100, 000 at maximum that we would be upside down given any circumstance. Am I correct? Ms. Bravo: Well, I think he further modified that to 50,000. Chair Sarnoff Well, I'm hearing two different things. I'm hearing the Manager say -- Commissioner Gort: A hundred thousand. Mr. Migoya: The original deal without any amendments was that we have $100, 000 incentive to the contractor if they improve the CSBE beyond the 30 percent, and that's included. Chair Sarnoff Which comes out of our contingency. Mr. Migoya: It's out of the owner's contingency, which happen -- it's a hundred thousand out of a million eight fifty. And the only reason why we have that exfra contingency was 'cause they were so successful in negotiating the prices down -- they came down from 75 to 73 -- we still incorporated that owner's contingency to have a safe mechanism. So -- City ofMiami Page 73 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff So what you're saying is you bought two insurance policies? Mr. Migoya: Correct, to be safe. So that was the case, and that's how I felt comfortable with $100, 000. Chair Sarnoff All right. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Dunn: Yes. I do want to state, just to try to differentiate one of the issues. And I do want to commend the Vice Chairman for his due diligence on the Marlins stadium as a whole. We have had some struggles with local hires with the Marlins, which is more -- and I wasn't privy to the blood that was spilled previously and I acknowledge that and respect that, but we have had problems with that. However, because we do have control over the parking garage, we want to try to put something in place that will at least give some incentive to the locals and to the opportunity for possibility of bringing more jobs to our residents, which is something that we've all been fighting for. Chair Sarnoff I understand. I -- understand the position that I'm in. I was not a supporter of the Marlins parking garage. I was not a supporter of the Marlins. A vote occurred, a vote that - - it was the will of the Commission at that time. We've done everything we could do. The Mayor's done a great job of keeping this under what we thought it would cost, and I just want to ensure that anything I do -- Commissioner Dunn: Understood. Chair Sarnoff -- doesn't, in any way, shape, or form, damage any of the benefits that we've been able to get in terms of better construction prices. Unfortunately, one of the things that they're going to tear away at the better construction prices is the likelihood, as a result of our downgrade, that the cost attendant to the bond are going to go up, so it's going to cost us more money. So some of the savings that we had from the construction market being in the recession is that the cost of bonding this out for 30 years is going to cost us more money. So, you know -- I guess -- Commissioner Suarez taught me about two weeks ago, if it's the will of the Commission, as a Commissioner you act and you say on time, on budget, and we all get behind the project. And I'm absolutely going to support this, Commissioner, butt will tell you this. This is to me what the five-day rule is all about because for me to learn this on the dais on an issue that still have the scar on my back, it's just not the way I want to practice up here. So I'll support you on this. Commissioner Gort: I have a question. Chair Sarnoff Commissioner Gort, you're recognized this. Commissioner Gort: What is the difference that this amendment makes to the existing benefits you already offer? Mr. Migoya: The GMP is exactly the same, $73 million. The only thing we would do -- Commissioner Gort: No, no. Mr. Migoya: Go ahead. Commissioner Gort: What is the amendment? What's the difference? We already have -- in the City ofMiami Page 74 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 original document that we received a long time ago, we already have incentive for the Administration, for the manager of the -- for Suffolk giving certain benefits if he achieve certain goals -- Mr. Migoya: On CS -- Commissioner Gort: -- up to a cap of $100, 000. Mr. Migoya: No, no. The -- there are actually three different goals. One is around the CSBE percentage -- Commissioner Gort: Right. Mr. Migoya: -- which is that $100, 000. The other -- the second goal was the upside on the reduction of costs, which is that 60/40 split. Commissioner Gort: Right. Mr. Migoya: And now what the Commissioner is -- Commissioner Dunn is proposing is a third incentive, which is the 50,000 would be incorporated from the owner's contingency where basically we would segregate $50, 000 of that 73 million to make sure that -- give them an incentive if he were able to increase employees beyond 35 percent, which is an achieve -- it's a tough goal to do. Commissioner Gort: So you're bringing it up to 150 then? Mr. Migoya: It would be two separate -- one at 100 and one 50. Yes. There will be two, for 150. Commissioner Gort: But it'll be 150 for the incentive? Mr. Migoya: That's correct, within the same $73 million. Commissioner Gort: I understand. But that's -- I just want to make sure I explained the differences. Mr. Migoya: Yes, sir. Commissioner Gort: Okay. Ms. Bravo: And one is for CSBE and one is for community workforce. Chair Sarnoff All right. Let's take these --Anybody else have anything more they want to say on RE.9? And we'll take them one at a time? Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized for the record. Commissioner Dunn: I do want to just say to the Vice Chair, I know about the five-day rule. So if you would on this one, I -- and basically, to -- we -- that's why we wanted to give the Manager the ability to try to negotiate it, not disrespecting that five-day --I do want to say that. Chair Sarnoff I can tell you, Commissioner, I'm going to support you. I know your goals are laudable, but I have implicit trust in this Manager's ability to get things done. The next one I City ofMiami Page 75 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 don't know about, but this one I do know. We've just got to cut his pay a little bit. He's getting too fine of haircuts. All right, RE.9. We have a motion, we have a second. Ms. Thompson: No, we don't have a second. Chair Sarnoff We do not. Vice Chair Carollo: Second. Commissioner Suarez: Second, as amended. Chair Sarnoff We have a second by the Vice Chair. Public hearing has been -- Have I opened a public hearing? Ms. Thompson: No. Chair Sarnoff I have not. Public hearing is now open. I apologize. Mariano Cruz: Mariano Cruz, 122726 Street. I want to speak, you know, the two -- three of them. Probably, I have some stock also in Bank ofAmerica, Wachovia, Wells Fargo, you know, in my 401k thrift savings plan with the federal government. Maybe, probably I got money there, but that's not a conflict of interest. I got stock there. But I laugh when I say GMP, guarantee maximum price. The only thing is guaranteed in life is death and taxes. Remember that, okay. Guaranteed. It's nothing guaranteed. Nothing is in concrete, okay. And I'm glad the maximum price, but my grandchildren will be paying the debt service probably, especially when everything is done with the Marlins. But I am glad we're not dealing with Loria or with (UNINTELLIGIBLE) David Sampson here or Ben Ferre (phonetic), cheapskate people that they fired the manager, now Freddy Gonzalez a scapegoat of the problem, you know, where they got - - when they are cheap, cheap, cheap. They don't hire a good relief pitcher, like my namesake Mariano Rivera or somebody to have a good -- Chair Sarnoff All right. Mariano. Mr. Cruz: -- relief pitcher, okay. That's the way it is. No. I am going to that. Chair Sarnoff I'd love to give you -- Mr Cruz: I agree with that. Oh, I support CIP -- Chair Sarnoff Okay. Mr. Cruz: -- because first, the -- our Mayor get -- they lowered the price, right, seventy some million dollars, okay. That's good. You got to wheel and deal because -- it's funny, but the other day we're there for two hours or something for a million and something in social service. Now -- Chair Sarnoff Channel 10 is going to take you outside and they're going to take comment about Freddy Gonzalez, but we're not going to do it here. Mr. Cruz: Remember that I don't pay taxes or -- Chair Sarnoff I know, I know. Mr. Cruz: -- debt service. Chair Sarnoff Thank you. Thank you. City ofMiami Page 76 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Cruz: But my grandchildren will be paying that. Chair Sarnoff Anybody else from the general public wishing to be heard on RE.9, please step up. Hearing none, seeing none, coming back to this Commission. Gentlemen, we've discussed it. All in favor on RE.9, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: As amended. Chair Sarnoff As amended. RE.10 RESOLUTION 10-00724 City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Office ATTACHMENT(S), SUPPLEMENTING AND AMENDING RESOLUTION NO. R-09-0509 ADOPTED ON OCTOBER 22, 2009, TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $20,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION PARKING REVENUE BOND ANTICIPATION NOTES, SERIES 2010 (MARLINS STADIUM PROJECT) (THE "NOTES'); SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF THE NOTES, AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTES, AND ALL OTHER NECESSARY AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 10-00724 Legislation.pdf 10-00724 Summary Form.pdf 10-00724 Exhibit SUB.pdf 10-00724-Submittal-Larry Spring .pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0272 Chair Sarnoff All right, RE.10. Do we have a motion on RE.10? Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Dunn. Larry Spring (Chief Financial Officer): Mr. Chair, for the record, I just wanted -- for the Clerk's sake, we did already submit all of the changes in writing. That was the stuff that I -- City ofMiami Page 77 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff I thought you were going to bring up Freddy Gonzalez. Mr. Spring: No, no. No, no, no, no. I just wanted to make sure -- Chair Sarnoff Okay. Mr. Spring: -- I stated those -- the things that I stated before were the amendments to the item. Priscilla A. Thompson (City Clerk): Right. But we have not received them yet so -- Mr. Spring: You haven't -- yeah, we've not received them yet. Ms. Thompson: Okay. So this -- Chair Sarnoff All right. Ms. Thompson: -- resolution would be as modified. Chair Sarnoff As modified -- Commissioner Gort: As modified. Chair Sarnoff -- to 15 million. Is that correct? Mr. Spring: Yes. Commissioner Gort: No. Mr. Spring: As modified. Vice Chair Carollo: As modified. Chair Sarnoff Right. All right, let me open up a public hearing. Anybody from the public wishing to be heard on RE.10? RE.10 is the issuance of the -- what do you call that, a BAN (Bond Anticipation Note)? Mr. Spring: Bond -- Commissioner Gort: BAN. Chair Sarnoff PAM? Mr. Spring: A BAN. Commissioner Gort: BAN. Chair Sarnoff BAN, BAN, BAN. Commissioner Gort: Bond Anticipated [sic] Note. Chair Sarnoff Right, Bond Anticipation Note. Anybody wishing to be heard on the Bond Anticipatory [sic] Note in RE.10, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 78 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 RE.11 RESOLUTION 10-00755 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 4 TO THE CONSTRUCTION MANAGER AT RISK Program AGREEMENT, WITH SUFFOLK CONSTRUCTION COMPANY, INC. ("SUFFOLK"), FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY OF MIAMI TO AMEND THE LIMITED NOTICE TO PROCEED ISSUED TO SUFFOLK BY INCREASING THE AUTHORIZED EXPENDITURES IN THE LIMITED NOTICE TO PROCEED BY AN AMOUNT UP TO $15,000,000, PREVIOUSLY AUTHORIZED AT $3,000,000, FOR A TOTAL AMOUNT UP TO $18,000,000 OF THE APPROVED GUARANTEED MAXIMUM PRICE OF $73,000,000 ("GMP"), RESULTING IN NO CHANGE TO THE GMP, PRIOR TO THE SALE OF THE SPECIAL OBLIGATION PARKING REVENUE BONDS FOR CONSTRUCTION SERVICES; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. B-30648 AND B-30153J. 10-00755 Legislation.pdf 10-00755 Summary Form.pdf 10-00755 Exhibit SUB.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-10-0273 Chair Sarnoff RE.11. Capital Improvements is recognized for the record. Larry Spring (Chief Financial Officer): Well, I was going to present this one 'cause it is a companion to the previous item. Chair Sarnoff I always thought you were capital improvements. Mr. Spring: I'm now. Larry Spring, chieffinancial officer. Vice Chair Carollo: He's everything. Mr. Spring: RE.11 is the -- a fourth amendment to the contract with Suffolk Construction. The purpose of this amendment is to increase the limited notice to proceed by the $15 million that you just approved in the BAN (Bond Anticipation Note). The item that you previously had stated it would go from 3 million to 23, that needs to be modified and modifying it on the floor. Madam Clerk, it should state from 3 million to 18 million. Chair Sarnoff All right, as modified. Mr. Spring: As modified. Commissioner Gort: Modified. Chair Sarnoff All right. So let me open it up to a public hearing. Anybody wishing to be heard on RE.11, which is the modification to the Suffolk Construction contract from 23 million to 18 million, please step up. Hearing none, seeing none, coming back to this Commission. Do we City ofMiami Page 79 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 DI.1 10-00265c Office of Strategic Planning, Budgeting, and Performance have a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second, as modified. Chair Sarnoff Motion by the Vice Chair -- Commissioner Gort: It was moved and seconded. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spring: Thank you. Chair Sarnoff All right. Thank you very much. DISCUSSION ITEM DISCUSSION ITEM A MONTHLY REPORT FOR THE DISCUSSION ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265c Summary Form.pdf 10-00265c-Submittal-Monthly Financial Statement.pdf DISCUSSED Mayor Tomas Regalado: And ifI may, we go into the budget. Recently, the budget director send Commissioners information about the budget. It's important that we are current in every Commission meeting with what is happening with the budget, so -- Chair Sarnoff Mr. Manager -- Mayor Regalado: -- Mr. Manager. Chair Sarnoff Right. Mr. Manager, you're recognized. Gentlemen, it's DI.1, page 18 of our agenda. Carlos A. Migoya (City Manager): Mr. Chair, Commissioners, Mr. Mayor. The numbers for May have not looked a whole lot different than they did in April. We're still showing a negative variance of similar of around $23 million in revenues with a positive variance of about $2.2 million in expenses. The numbers still -- the deficit is still projected to be around $20.8 million. There's been some -- a few changes around it, but at the end of the day, the deficit continues to be the same. We are expected to have a few minor variances, but at this point in time, it doesn't look like we're going to have a whole lot of differences between now and the end of the year. So we expected 20 -- we'll probably hover around that $20 million number for the end of the year. Chair Sarnoff Any questions of the Manager? All right. Mr. Mayor, do you want -- wish to be heard on DI.1 ? City ofMiami Page 80 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mayor Regalado: Sorry. Chair Sarnoff No? Okay. Commissioner Gort, you're recognized for the record. Commissioner Gort: I just want to welcome Pete Chircut back into work. It's a pleasure to have you back. Chair Sarnoff All right. So, Mr. Manager, this is just an informational discussion item. We don't need to take any action on this? Mr. Migoya: No, sir. That's what we've been doing. As promised, we're updating you on a monthly basis as to what the numbers look like. We're still working on the -- on fine-tuning the 2011 numbers, and not only the 2011 numbers, but the five-year numbers. And we hope to in the next -- before the recession for the summer, either in the July 8 or July 22, give you more specific numbers on what that -- on what the 2011 and the five-year projections will look like. 'Cause at the end of the day, what's critical here -- and I know a lot of people are going back to what the Mayor said about nationally, a lot of people are looking out of balance for 2011. We're worried about balancing 2011, which is a big number, but equally important, we don't see any upsides for 2012, '13, and '14, so we want to make sure that whatever we do in all the negotiations and actions that we've taken into consideration in 2011 that are sustainable for the remaining of the years 'cause we're going to need it. Chair Sarnoff In other words, what you're saying is, let's not fix the problem with a Band-Aid. Let's do some surgery and fix the body completely. Mr. Migoya: We're going to have a long, hot five years. Chair Sarnoff Okay. Anybody have any questions of the Manager? All right. Thank you very much for DI.1. Thank you, Mr. Mayor. We, I think, have addressed all of your issues, except for what's in the agenda, and we'll get to those, if you don't mind, in -- Mayor Regalado: Whenever you can. Chair Sarnoff Okay. END OF DISCUSSION ITEM EXECUTIVE SESSION 2:00 P.M. ES.1 EXECUTIVE SESSION 10-00729a Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2009]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: JORGE L. FERNANDEZ VS. CITY OF MIAMI, CASE NO.: 08-17486 CA 13, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED City ofMiami Page 81 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN MARC DAVID SARNOFF, FRANK CAROLLO, WIFREDO (WILLY) GORT, FRANCIS SUAREZ AND RICHARD P. DUNN, II; THE CITY MANAGER, CARLOS A. MIGOYA; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY MARIA J. CHIARO; ASSISTANT CITY ATTORNEY MIMI V. TURIN; AND ADDITIONAL COUNSEL FOR THE CITY, ROBERT KOFMAN, ESQ., GERALD GREENBERG, ESQ., AND MURRAY GREENBERG, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 10-00729a Cover Memo.pdf 10-00729a Public Notice.pdf DISCUSSED Chair Sarnoff (UNINTELLIGIBLE) have an executive or shade meeting. Do you need to read anything into the record? Maria J. Chiaro (Deputy City Attorney): I do, I do. Chair Sarnoff Go ahead. Ms. Chiaro: Under the Florida Statute 286.011, we will commence with an attorney -client session, closed to the public, for purposes of discussing pending litigation in the case ofJorge L. Fernandez versus the City ofMiami, pending in the circuit court, to which the City is presently a party. This meeting will begin as soon as we adjourn upstairs and conclude approximately one hour later. The session will be attended by the members of the City Commission, the Chairman, Marc Sarnoff the Vice Chair, Frank Carollo, Wifredo Gort, Francis Suarez, and Richard Dunn, II; the City Manager, Carlos Migoya, Deputy City Attorney, Maria Chiaro, and additional counsel for the City, Robert Kaufmann, Gerald Greenberg, and Mary Greenberg. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the ongoing litigation. At the conclusion of the attorney -client session, the regular City Commission will be reopened and the person chairing the Commission will announce the termination of the attorney -client session. So we can now adjourn to the attorney -client session. Chair Sarnoff Thank you. [Later... Chair Sarnoff All right, we're back on the record. Madam Clerk, I think we had tabled RE.6. Ms. Chiaro: Before you -- Chair Sarnoff Oh, I'm sorry. Ms. Chiaro: -- reopen the meeting, we need to announce -- Chair Sarnoff Close the shade meeting? Ms. Chiaro: -- that the attorney -client session is now closed related to the case of Fernandez versus the City ofMiami. City ofMiami Page 82 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 PZ.1 10-00485xc PART B: PLANNING AND ZONING ITEMS Commissioner Gort: PZ.1. Chair Sarnoff PZ (Planning & Zoning), right? Commissioner Gort: PZ.1. Priscilla A. Thompson (City Clerk): I'm sorry. Are we going to have a PZ order of the day and a swearing in? Chair Sarnoff That's what I thought. Ms. Thompson: Yes. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. 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), and make its recommendation. The appellant or petitioner will then present the request. The appellee will present its position. Member of the publics [sic] may be permitted to speak on certain petitions. Petitioner may ask questions of staff. Appellant or petitioner will be permitted to make final comments. Ms. Thompson: Anyone who is appearing to speak on any of the Planning and Zoning items, I please need you to stand and raise your right hand so that I can swear you in. If you're going to be speaking on any of the PZ items, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 933, TO ALLOW HELISTOPS AS CONDITIONAL ACCESSORY USES IN THE OFFICE DESIGNATION BETWEEN THE HOURS OF 9:00 AM AND 5:00 PM ON MONDAY THROUGH FRIDAY, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 564 SOUTHWEST 42ND AVENUE, MIAMI, FLORIDA. City ofMiami Page 83 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 10-00485xc Zoning Map.pdf 10-00485xc Aerial Map.pdf 10-00485xc Miami 21 Map.pdf 10-00485xc Analysis.pdf 10-00485xc Application & Supporting Docs. pdf 10-00485xc Plans.pdf 10-00485xc ZB Reso.pdf 10-00485xc CC Legislation (Version 2).pdf 10-00485xc Exhibit A.pdf 10-00485xc CC 06-24-10 Fact Sheet.pdf 10-00485xc-Submittal -Claudio Miro .pdf 10-00485xc-Submittal -Letter-Prime Care Family Centers .pdf 10-00485xc-Submittal -Gladys Abesada-Terk-Opposition to Helistops at 564 SW 42 Ave LOCATION: Approximately 564 SW 42nd Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Claudio Miro, Principal, on behalf of Lejeune and Six LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 10, 2010 by a vote of 5-0. PURPOSE: This will allow helistops between the hours of 9:00 am and 5:00 pm for an office. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right, PZ.1. Roberto Lavernia (Chief of Land Development, Planning): Mr. Chairman. Chair Sarnoff You're recognized for the record. Mr. Lavernia: For the records [sic], Roberto Lavernia, with the Planning Department. PZ.1 is a special exception with City Commission approval in order to allow helistop on a specific property at 564 Southwest 42nd Avenue. The Planning Department is recommending denial, finding that what we're granting is a full helistop permit, so -- for any type of helicopter all day long. That could be an intrusion into the privacy of residential property adjacent and even on LeJeune Road, so our recommendation is for denial. Thank you. Chair Sarnoff All right. Let me open up a public hearing on PZ.1. Are there any members of the public wishing to speak on PZ.1, please step -- please -- Mr. Cruz, please step up. Come on up. Mariano Cruz: Thank you. Yeah. Maria J. Chiaro (Deputy City Attorney): I'm sorry. Mr. Chair, you didn't get a presentation from the petitioner. City ofMiami Page 84 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff Oh, I'm -- Mr. Cruz: The petitioner first? Chair Sarnoff I thought the City -- is the -- who's -- Mr. Cruz: The petitioner. Chair Sarnoff -- the applicant? Claudio Miro: I've never been here, so I don't know. I'm sorry. Mr. Cruz: Okay. He say he's going to talk. Okay. Chair Sarnoff Thank you. Mr. Miro: Okay. Can I speak now or --? Commissioner Gort: Go ahead. Chair Sarnoff You're recog -- Mr. Miro: Okay. Chair Sarnoff What's your name for the record, sir? Mr. Miro: I'm Dr. Miro, Claudio Miro, and I own the property at 564 Southwest 42nd Avenue. I'm presenting the case for my building where I would like to have a helistop. I'm sure that there's a lot of concerns, and I would like to answer those questions, when it comes maybe to safety, to noise levels. I have done studies in both of them. I'm also willing to come here in front of you, the Commissioners. And if there's conditions that you could imply or apply to my petition, I'm willing to accept them. I would like to start by saying that this not going to be an everyday use or ten, twelve times per day, nothing like that. I just want to be able to use it once in a while. In Miami there is really no helistops. Every other County -- Orange County, Orlando, Homestead, Dade County -- they all have helistops and, for some reason, I guess that no one either has presented it or it has been denied before. But there is over a hundred helistops in the entire state of Florida that are privately owned. And besides the privately owned, there's also around another 300 commercial helistops throughout the entire state of Florida. We have one really close to us that is right in -- on the Shoma Homes that is in 836, right in front of the airport, but that belongs to Dade County. There is Kelly Tractor, one, that is in 58th Street and it's right at the level of the street, and there's another one in that town, Fort Lauderdale, that is in a rooftop. I don't know how high it is, but it's a low building, but there's also another helistop there. I do know that the City, with a special exception and with the approval of the Commissioners, they may allow this. The helicopter that I'm proposing to use for my private use is a Robinson 44, and it's the only one that I'm asking -- I'm sorry; I have another one -- and it's the only helicopter that would like to obtain permission to be used at the helistop. There's different types of helicopters. There's the military type. There's big ones, (UNINTELLIGIBLE) 201 s, jet, double twin engines, very, very noisy. You know, this helicopter in particular is a very quiet helicopter. It's considered more like a type of Sedan car. It's not going to be any louder than any other noises. Maybe if you live in a quiet neighborhood, maybe a boat, you know, like a Cigarette or whatever type of boat comes behind your house and (UNINTELLIGIBLE) -- it's going to be not as noisy as that and not as noisy as a semi tractor. And there's studies done by NASA (National Aeronautics and Space Administration). I mean, this was not my own studies. And if-- let me see. Where's the page? If you go to page number 4, I had a company, and as City ofMiami Page 85 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 you can see, the numbers -- the name is right there, and they did a study on my street. I'm right on LeJeune Road. I did a traffic study. There's over 256,000 cars that pass by my office or by my building there per day. It's kind of noisy. And basically, all of the properties are -- that are there are zoned office. Ifyou could look at a couple pages behind, this page right here, the noise level that my street has right there, LeJeune Road, is 74.3 decibels. If you look at the chart on the right, you're going to see that an ambulance or a fruck or even cutting the grass is going to be much more -- a lot noisier than the helicopter that I'm proposing. Ifyou go at the end, page number 6, this is the study that was talking about, that it comes from NASA. This is not my study. This is on the Internet. And it's a study done through NASA in order for them to be able to certify this helicopter to fly. As you could see right at the middle, it's 43.6 decibels. In the study, in page number 4, it's right here, that expert -- the conclusion -- this is the company that did the study. As per Table 2 the analysis shows that the impact of the R44 II, which is the only helicopter that want to have approved to land there, would not exceed the City Miami's noise ordinance requirements of 60 decibels. The increased distance, of course, is going to diminish that. As a matter of fact, it's going to be not as noise [sic] as the City ordinance for the noise level. Also, I would like to let you know that on page number 2, I had a company that came to my building and they did a complete analysis and they submitted some papers to the FAA (Federal Aviation Administration). And once the FAA did the complete study of all of the different type of departures that can have, the type of landing, if you can see right here, it says that -- this is the FAA, the United States Department of Transportation -- that we have determined that the proposed private use landing area to be located at such and such latitude, which is my building, okay, in Miami, Florida, would not adversely affect the safe and efficient use to navigate air space by the aircraft provided. Also, and the page that is in front of that one, if you look at the safety, the FAA using its own data and that of the National Transportation Safety Board located that the relative risk of a community has a relationship to -- what relationship they have to a helicopter landing area. And the result is that study calculated that an accident has a frequency of occurring once every 432 years. It is extremely safe. This type of helicopter will never been flown in what is called (UNINTELLIGIBLE) conditions, which is a minimal type of visibility. It will be under a visual type of reference where you could see where you're going. And as you know it, it's only going to be used from 9 to 5. Usually, there's no one at home. IfI were to land and there were people inside the house, they wouldn't even know ifI had landed a helicopter or not. And on top of everything, I would like to offer the helistop that I'm going to pay for -- I would like to put it to the City's use, either for the Police Department or air rescue where if the Police Department, if one day they feel like they need to fly from Miami maybe to Opa Locka -- there's expenses involved in using helicopters. If they would like to use my helistop as their base, it is yours to be used at no charge at all to the City and also to the Fire -Rescue Department, the proposed landing site also. I would like to comment -- I mean, I'm not going to fly on top of the neighbors. That's not how you fly a helicopter in reality because there's no use, butl could come from the south on LeJeune Road, as you can see on page number -- this will be also six behind. It will be from the south to the north, and my building is the one that has the little red dots, and it will a rooftop type of landing on it. Any questions? Chair Sarnoff All right. Anybody have any questions. Commissioner? Commissioner Dunn: Mr. Chairman. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Just excuse me. So your purpose of wanting a helistop -- I'm just trying to Mr. Miro: Yes. Commissioner Dunn: Is it -- what -- you know, what's -- what is it -- I mean, I understand what you -- City ofMiami Page 86 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Miro: It's a service to the community. Andl have my own helicopter. If-- one day, ifI would like to use it and it's -- ifI am able to use it, that will be good. I also have a medical building. As we speak right now, they're doing plans and they're building a surgical suite. I want to tell you that if there's a catastrophe -- I just came back from California. Every building that they're building in California, you will not get a permit ifyou don't get a helistop. Of course, if they get a -- there's different type of problems. Let's suppose in New Orleans, it would have been very nice to help people once they had a disaster to be able to have a helistop. This is not going to be an every day. Maybe you guys could tell me listen, you could use it eight, ten times a month, or you come up with a number. I'm willing to compromise if you would allow me. And it is in the ordinance. I mean, it's allowed by the City with your permission with your approval. So if we can work together, I would like to work together with the neighbors. I have spoken to a lot of neighbors. I have a lot of them in my favor. There's some opposition, which there's always going to be some. But would like to offer it to the City and for myself. I work as a doctor. I still practice a lot. I have four offices, not just here in Miami. And also I'm opening another office in -- out ofMiami, out of Dade County. So I'm a pilot myself. So to answer your question, it's going to be basically for private use, but do have a medical building and I'm going to have two operating rooms, full operating rooms on the third floor with general anesthesia. You never know what it could be used for. I'm here for the community. I don't want to create any problems with the neighbors. I'm willing to sit down with you. I'm willing to sit down with the neighbors. And if we could reach an amicable way, by all means. And I'm willing -- like I said before, I will go with a covenant with conditions to see if we can make it work. Chair Sarnoff All right. Any other Commissioners -- any questions? All right, let's open up to a public hearing. Anybody from the public wishing to be heard? Mr. Cruz, you're recognized for the record. Mr. Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Sfreet. I watch May 10, the hearing in front of the Zoning Board. I was appalled, the way they treat Dr. Miro there in the board like he was, you know -- all kind of things so -- 'cause -- and I mention, the people from the MRC (Miami Riverside Center), they have to come down from their towers and go down to the sfreet and see the people. I live less than a mile from the busiest heliport in Miami, the Ryder Trauma there. And you get 24/7 helicopter going by me, going there, trauma 1, trauma 2 going to there. And you know how far is that from my home? You go by the sfreet, 10 to 12, two blocks, so 0.2 miles; 18 to 26, half a mile; all together, the Pythagorean theorem, (UNINTELLIGIBLE) 0.54 straight from my home, straight, and I have the number there to prove it. Okay. Not only that, years ago on the southeast buildings and the river -- South River Drive there and loth Sfreet used to be a heliport there for the Clearing House from the banks and the checks right there in a residential district. And to me, the helicopter doesn't bother me on the (UNINTELLIGIBLE) that somebody is being saved to be arriving in trauma there in Ryder. Once you get to Ryder, you're safe. When you go there, that's one of the best places, and that's the busiest heliport. Doesn't bother me, you know. It's in our neighborhood there, right. Right there, close to your home too, and you hear it. That don't bother me at all, and that's 24/7. The military type of helicopter, not this 44, no, the little type and -- but many people, they got the name (UNINTELLIGIBLE) factor and the (UNINTELLIGIBLE) factor and all that. No. The County has put a lot of things in our neighborhood that nobody from the west wanted, but that's okay. Now to have something like that in the City ofMiami too. It's a -- private investor is investing there and it's going to be a service to the City. That's what hear. Because I am telling you, tell this people, the Planning Department to go down to the street and check. The people, they don't even know -- they don't even mention the Ryder center there with the busiest heliport in Miami -Dade County. Chair Sarnoff Thank you, Mr. Cruz. Anyone else from the general public wishing to be heard on PZ.1, please, ifyou would, just step up to the podium so that we can at least see how many speakers we have. You're recognized for the record, sir. City ofMiami Page 87 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Jorge Carbajal: Good afternoon. My name is Jorge Carbajal. I am representing the owners of the property 4010 and 4012 Southwest 5th Terrace. That is located right behind the building of Dr. Miro's office. (UNINTELLIGIBLE) with them, they see no problem with this at all since the amount of time that the helicopter would be landing would be regulated. In the other hand, they see like an asset to the area like -- because property authority will be able to use it to conduct any kind of operation that they need, so basically, they agree with this. And that's what I'm transmitting to you and telling here. Thank you very much. Chair Sarnoff Thank you, Mr. Carbal [sic]. All right, you're recognized for the record, sir. Carlos Morales: Okay. Carlos Morales, 5261 Southwest 4th Street. I'm concerned about this. So the doctor wants to add a helicopter pad because he has the luxury of having a helicopter. And he feels since the noise level is so high, what's the big deal adding more noise. I live in the area. I'm concerned with traffic. I'm concerned with the violence. And I'm concerned with noise. For me this is a big issue. I don't see -- I understand Mariano Cruz, when he sees a helicopter fly by, he goes oh, they're saving a life. This is a dental clinic. What are we saving here? Ryder Medical Center is right next to your house. You're saving lives. You're going to cover my -- our safety for the sake of having a helipad in our district, in our area? I have a big concern, and I hope you guys say no to this. Chair Sarnoff Thank you, sir. Yes, ma'am, you're recognized for the record. Iradia Rivero-Mendez: Good afternoon, gentlemen. My name is Iradia Rivero-Mendez, and I live at 3925 Southwest 6th Street, two blocks away from this medical spa and dental clinic. And it is bad enough in that area with the traffic. On top of that, you're endangering people's life. I don't see how this gentleman can even say that there will be no noise. What about when it starts -- the propeller starts? It is endangering the neighbors. It is intrusion into our neighborhood once again. And like the gentleman said, it's a medical spa. It's not dental. So there's not a trauma center. One thing is having a trauma center where you have emergency, life or death. This certainly is not, and it -- just -- such an intrusion and such abuse with the noise. As far as 9 to 5, there are people living in that area that do not work. We have a lot of retirees that are there and we would like to have peace and quiet and not be worrying that the airplane that's going through -- because we do get airplanes through our area, my house. So it's interrupting with the helicopter. He says it's going to be a -- just for his use. I can't understand what the purpose of it is, and I'm surprised that FAA would approve it because it's any understanding that they do not approve any helicopter service near the airport where they can cross with the airplanes, so I am quite surprised. And I certainly hope you think it over and put yourselves in our place, neighbors that I personally have lived 42 years in our area, and all of sudden this explosion of doing things that's out of the question. It's preposterous. Who would think that a dentist would need a helicopter to use it once in a while? I don't understand it truthfully, and I would greatly appreciate your assistance in helping us. Chair Sarnoff Thank you. Ms. Rivero-Mendez: Thank you. Chair Sarnoff Thank you, ma'am. Yes. You're recognized for the record. Well, what I'd like to do is go back and forth. Gladys Abesada-Terk: My name is Gladys Abesada. Chair Sarnoff Pull the mike a little closer. There you go. Ms. Abesada-Terk: My name is -- City ofMiami Page 88 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff One more tug. There you go. Ms. Abesada-Terk: Right? Chair Sarnoff That's a good one. Ms. Abesada-Terk: My name is GladysAbesada-Terk. I living in 536-538 Southwest LeJeune Road. I'm the neighbor of Miro Dental Clinic. I'm here be -- together with at least all the neighbor close to the office because we're opposed to the approval on helicopter in the roof of clinica medical there. I think it's very dangerous for the neighbor and also for the airport. We are really worried about that. We're opposed. Chair Sarnoff Okay. And you've given us the sheets of all the neighbors that are opposed? Ms. Abesada-Terk: Yes. Chair Sarnoff Okay. Thank you very much. Ms. Abesada-Terk: Sure. Chair Sarnoff All right, you're recognized for the record. Milagros Valiente: Hi. Good afternoon. My name is Millie Valiente. I'm here representing Prime Care Family Centers. They're the physicians right across from Dr. Miro's office. They want -- and this is going to be presented for the record, by the way. They wanted you to know, first of all, they are in agreement with this. They think it would be an asset to the neighborhood. I'd like to read the letter first, and then I'd like to say something. It says, "To Whom It May Concern: I am writing this letter to acknowledge my approval of the construction of the helistop at Dr. Miro's office, located at 564 LeJeune Road. I am located at the property on the 6th Street side, directly across the street from Miro Dental Centers. I understand the hours of landing and takeoffs are between 9 a.m. and 5 p.m., andl do not object to this. I would have been here in person, but am away through this weekend at my son's tournament in Orlando. I have authorized Millie Valiente to read this in my absence. Sincerely, Juan A. Gomez." First of all, I'd also like to say that there seems to be a misconception from what I've heard here. The medical facility that we're talking about is not a spa. It is a dental office. It has surgical suites. There is major surgery performed there under general anesthesia, as well as local anesthesia, but there is general anesthesia being administered here. There is [sic] no helistops in this area. Let's say you had an accident, you know, anywhere close to that area. There is nowhere other than the main street that a helicopter could land to pick up a patient that has to go, let's say, to Ryder Trauma Center, to wherever they need to be. And Dr. Miro is proposing to have that, you know, to the use of these -- to facilitate it for the use of ambulance or, you know, medical use as well. I think that to the doctors -- that center right there, that area off of 42nd Avenue, there is quite a few medical facilities, different types of doctors are in that area, and I think it would be an asset to the community to have it there. Chair Sarnoff Thank you. Ms. Valiente: Thank you. Chair Sarnoff Thank you very much for coming. Yes, ma'am, you're recognized for the record. Susana Abesada-Terk: Hello. My name is Susana Abesada-Terk and my address is 538 Southwest LeJeune Road. I am the daughter of Gladys -- Ms. Thompson: I'm sorry, Chair; we're not hearing her. If you get a little bit closer -- City ofMiami Page 89 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff You need to go a little closer to the mike. Ms. S. Abesada-Terk: Would you like me to repeat everything? Ms. Thompson: Yes, please. Ms. S. Abesada-Terk: My name is Susana Abesada-Terk and my address is 538 Southwest LeJeune Road. We have lived in this area, in this -- two houses over from the Miro Dental Clinic for about 35 years. During that time period the area has changed. Sometimes it's gotten worse. Sometimes it's gotten better. But at this juncture helistops are just not compatible with the neighborhood. We are not opposed to helistops in Miami. We're not opposed to helistops in Miami -Dade. We're just -- it is not compatible with the specific neighborhood. This is a neighborhood of one-story homes, modest homes which have no insulation, noise insulation, no high -impact windows to sound out the sounds. This is a building -- Miro Dental Clinic is a three-story building. It is not a ten -story building where you will not know what is going up on the roof. This is a little building three stories. The other houses are one story, two stories the most. When that helicopter comes down, we will hear the noise. And it's not just a question of what the noise level will be. It is the noise coupled with a couple of other factors. It is the noise coupled with when the helicopter comes down, there will be exhaust fumes coming down into our neighborhood. A lot of the neighbors, honestly, in that area, they live with their windows open because they cannot live with the high cost of energy that is required in -- to run air conditioning, so there's a lot of open window in the area. You're going to also have -- there's a lot of telephone lines, electrical lines that are on the level of -- consistent with the type of buildings that are in our neighborhood, one- and two-story buildings. And Mr. Cruz, excuse me; I'm trying to speak a little bit here. I'm the type of the person that -- you know, I'm -- Mr. Cruz referred previously to the Planning Department coming and speaking to the neighborhood. Well, you know, I am the neighborhood. I am the people who have been in that community for 35 years. I went to Kinloch Elementary. I went to Kinloch Junior High. And I have maintained my steadfast commitment to that community. I don't believe that this will add any beautification to this area, which is lately undergoing a little bit of a beautification and it's really, really pleasant to be in an area where people are investing in the area. To have this [sic] helicopters coming into our community will not allow for the homeowners to feel that it's an area where they want to beautify that area. You're going to have the exhaust fumes. You're going to have -- the wind draft is also a point, along with the noise level. So it's the things coupled together, the noise, the wind draft, the exhaust fumes, the safety. I just don't believe that in an area -- this area is compatible. We're near the airport. If you want to have a helistop, you need to be in an area that is more commercialized, that is not such residential. And these signatures we gathered just from going around for one hour the other day. You send out notices to the community, but honestly, we don't read them because we have other things to read. We have homework. We have things to do for our children. We saw (UNINTELLIGIBLE) when we were watching the television set and we saw our neighbor on the TV (Television) and we said, "Oh, that's him, Miro. Let's see what he has to say." And we saw it and we went out and talked to some of our neighbors. A lot of our neighbors were busy that specific day, so there's a lot more neighbors in opposition than what is reflected. That was one hour's worth of going and talking to our neighbors. And it is just a use that is not compatible with this specific neighborhood. Thank you. Chair Sarnoff Thank you. Yes, sir, you're recognized for the record. Angel Urquiola: Good afternoon. My name is Angel Urquiola. I live in 25 Southwest 38 Avenue. I was listen to the Dr. Miro about the traffic at 42nd Avenue. He was right, there's a lot of traffic, but he forgot to count. I was over there three days ago with a clock. I can count every truck -- car or fruck. You know how many fruck I counted there? From 6 0' clock to 6 o'clock, 600 big fruck. There's a lot of noise, huh, on 8th Street, plus the car, plus the airport. Why we City ofMiami Page 90 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 need more noise in the neighborhood? You know, one of the biggest family, especial (UNINTELLIGIBLE) is Flagami. Flagami start from 32nd Avenue to 72nd, all resident area, and very beautiful area. Why we go to risk the safety of our people only for one businessman who want to have a helicopter to come in back to your building. No, sir. We have too much to lose and nothing to win, like they say. He want to put the helicopter at the City Hall there. Why he do this? Because you think -- he think you got to say okay, we're going to use it. It's helicopter. It's free. This is the kind of business the people from California does. They promise, they promise, they promise. (UNINTELLIGIBLE) nothing. Believe me, sir, I really -- we, the neighbor, appreciate it if you vote against this. Don't risk our people's safety for only one man. He say one helicopter, right? But does he have the license. You going to see over there everyday the (UNINTELLIGIBLE) helicopter, and then the City and the neighbor going to have a problem with the airport, okay. They got to -- a route to airport and we have to (UNINTELLIGIBLE) to find (UNINTELLIGIBLE). I really appreciated you working for the people. You remember, you are our lawyer. We don't have lawyer. We don't have no money to pay the big lawyer and the big (UNINTELLIGIBLE). We have our heart to do our best to the people and to the Commissioner. And the Commissioner know I help in any politician (UNINTELLIGIBLE) when they asking for my help. I don't charge money. I do not say money. I work free, like I was in the Zoning Board for three years working free. I really appreciated if you vote against this please. Chair Sarnoff Thank you, sir. Mr. Urquiola: You're welcome. Chair Sarnoff Yes, ma'am. Estela Gonzalez: Good afternoon. Chair Sarnoff Good afternoon. Ms. Gonzalez: My name is Estela Gonzalez. And I own a house at 4368 Southwest IOth Street, just a few blocks away from the -- Dr. Miro's office. I consider that having a helistop right there would be great thing because -- as a matter of fact, I love helicopter noises and especially when I see them -- when I hear them, I know that they are saving, most of the time, people's life from accidents, fires, or a child that can fall into a pool and can be taken fast to be safe to a hospital. If the doctor is offering that heli thing for the City, the fire -rescue, or the Police Department, would be great for them to be able to use it at any time. And I don't think the doctor would have a helicopter to play around all day, making noises to the neighbors because he supposed to be working five days a week. So I don't see anything wrong for the helistop right there. Chair Sarnoff Thank you, ma'am. Ms. Gonzalez: You're welcome. Chair Sarnoff Yes, sir, you're recognized for the record. Roberto Gonzalez: (Comments in Spanish). Chair Sarnoff Wait, wait, wait. You going to have an interpreter? Ms. Thompson: We did not know we were going to need an interpreter for the afternoon, so we have already -- Chair Sarnoff One of the Commissioners want to do their best? City ofMiami Page 91 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Cruz: Volunteer? Ms. Thompson: No, no. Chair Sarnoff Prefer having it from a Commissioner. Okay. Go ahead, Mr. Cruz, you want to go up there and interpret? Ms. Thompson: No, no, no, no, no. Wait one second. One second. Chair Sarnoff All right, Victoria Mendez will interpret. Ms. Thompson: Thank you. Mr. Cruz: Give me a W-2 form there. Give me the -- give me a W-2 form. Chair Sarnoff No, no. Mr. Cruz, she's a sworn lawyer. She's going to get it right. Just do her a favor, just fry to talk in bite -sized sentences and let her interpret so -- Mr. Gonzalez (as interpreted by Assistant City Attorney Victoria Mendez): My name is Roberto Gonzalez. I live in 4301 Southwest 5th Terrace. I'm a neighbor of the clinic close to Dr. Miro. I am coming because I have the honor of working in that aviation industry. It's a company in North Miami called Techno Core. It's dedicated to that aviation, executive aviation, jets, and corporate, and I can assure you that it's one of the most safest ways to transport. The -- it's one of the most safest forms of aviation that exists in the world. Compared to the accidents that happen in the United States daily, it's less than happens in aviation across the world. I heard the woman that spoke with reference to the insulation and the properties with reference -- in that area. Then you would have to insulate all the houses in Miami from the east to the west because the commercial airplanes in the airport ofMiami that come in and come out make much more noise than Dr. Miro's helicopter. It's a little plane helicopter of four passengers with a small motor which is very quiet. I've seen them in person. My company actually does the shows and -- that come on in the convention centers that actually have these type of crafts -- aircrafts, helicopters, and five or six times I've been at these shows where these helicopters are. He actually puts together these presentations in the shows in the convention centers that display these helicopters. Chair Sarnoff And in conclusion. Mr. Gonzalez (as interpreted by Assistant City Attorney Victoria Mendez): That's why I consider that you evaluate that -- this proposition that Dr. Miro is (UNINTELLIGIBLE) is a benefit to the community for all the neighbors because, as I said, there's benefits to police, disaster relief for the Fire Department and all that. Chair Sarnoff Thank you, sir. Mr. Gonzalez (as interpreted by Assistant City Attorney Victoria Mendez): Thank you. Chair Sarnoff Anyone else wishing to be heard on PZ.1, please come up. Hearing none, seeing none, the public hearing is now closed, coming back to this Commission. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Chairman. I make a motion to deny this application, and I'd like to specify some of the reasons why. One of things that was said here today is that there is no helipad that is near this area. I happened to do a little bit of research on my own and found out that the -- there is a helipad at Miami International Airport. It's 3.38 miles away from that area. There is another helipad at Miami International Mall and that is nine miles away from this area. City ofMiami Page 92 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 PZ.2 10-00493v So there are at least two helipads that are in a very, very small proximity to this particular site. The other thing that persuades me in terms of my motion is there's rarely an item on this agenda where the Administration recommends denial, the Zoning Board recommends denial, the citizens in effect recommend denial because there's -- with the comment cards that we've received and the faxes. By my count, I have 18 residents that have recommended denial and one business recommending denial, neighboring business, and only three residents who came here today recommending approval and one business who was here today recommending approval. We obviously have tremendous noise pollution in that area, and we do not want to do anything to continue that or to increase that in my way, shape, or form, and you know, there's obviously a safety issue. You know, I think if, God forbid, a helicopter were to crash on top of a residential house, not only is the pilot in jeopardy, but the homeowners are also in jeopardy. I'm -- I can't say more than that. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: I second the motion. Chair Sarnoff All right, we have a motion. We have a second. Any further discussion, gentlemen? Commissioner Gort: Well, under discussion, I just want to make sure that the -- everyone here understands that the police will never come down with a helicopter. The police uses the helicopter to surround the area and to put their lights. In case of an emergency of an accident of death, a critical trauma center need, there's plenty of places where the police -- I mean, not the police but the firefighters can land and pick up the patients and take them to the trauma center. So I don't really see the facility -- this being a facility to benefit the neighbors. Chair Sarnoff Okay. Commissioner Dunn. Commissioner Dunn: Well, Mr. Chairman, thank you. That's -- what was -- other basis of my question, as to what was the purpose. Chair Sarnoff All right. Gentlemen, we have a motion. We have a second. Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A REDUCTION OF THE REQUIRED REAR SETBACKS OF A DETACHED UNIT OF A TWO-FAMILY RESIDENTIAL BUILDING, TO ALLOW A REAR SETBACK OF 4'11" (10'0" REQUIRED, REQUEST TO WAIVE 5'1"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 430 NORTHWEST 32ND PLACE, MIAMI, FLORIDA. City ofMiami Page 93 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 10-00493v Analysis.pdf 10-00493vApplications & Supporting Docs. pdf 10-00493v Plans.pdf 10-00493v CC Zoning Map.pdf 10-00493v CC Miami 21 Map.pdf 10-00493v CC Aerial Map.pdf 10-00493v Appeal Letter.pdf 10-00493v ZB Reso.pdf 10-00493v CC Legislation (Version 4).pdf 10-00493v CC Legislation (Version 5).pdf 10-00493v Exhibit A.pdf 10-00493v CC 06-24-10 Fact Sheet.pdf 10-00493v-submittal-Letter-Jorge Reyes.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-10-0279 Chair Sarnoff Okay, PZ.2. Roberto Lavernia (Chief of Land Development, Planning): PZ.2 is an appeal of a variance that was recommended for denial by the Planning Department. And the Zoning Board recommend approval of two variances and denial of the third one. I want to explain what those variances were. There was a rear setback variance that the request to be waived five feet and one inches [sic]. There's a front setback variance that the requested to be waived was only six inches, and there was a footprint variance. Planning Department recommend denial because there is no hardship to justify any type of variances in this site. However, the Zoning Board recommend approval of the front setback variance because it was only six inches and approval of the footprint. However, they did not recommend the rear setback variance. If the rear setback variance is not approved, the footprint is -- variance is not needed, so it was a contradiction in the recommendation of the Zoning Board. The Department is recommending denial of the three variance based that there is no hardship to justify this. Thank you. Chair Sarnoff All right. Is the applicant here? Yamerys Mazaret: Comments in Spanish. Chair Sarnoff Wait, wait, wait. One segundo. Where is --? One more time. Una mas. Priscilla A. Thompson (City Clerk): Chair, if you would give Victoria your --? Chair Sarnoff I will. Ms. Thompson: Thank you. We apologize. I'm sorry, Victoria. YamerysMazaret(asinterpretedbyAssistantCityAttorneyVictoriaMendez): Hello. Good afternoon. My name is Yamerys Mazaret, and I'm the property owner at 4330 Northwest 32nd Place. We're here today because we bought this property. The -- at which time, after the fact, they told us that there was a violation. And we are presenting -- we presented three variances in where two were approved already. One had to do with the lot coverage that was at 42 percent and it needed to be at 40 percent, and the other one had to do with the front setback that was 20 percent and we only had 19.8. But what was denied was the one that was very important, the one that has to do with the back setback that has to be at ten feet and now it's at 4.1 -- 4.11, I'm City ofMiami Page 94 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 sorry. We've spoken to all the neighbors and none of them have any objection. We have a letter from the back door neighbor who's the one that's most affected and he has no objection. That's what the letter says. We would like to resolve this problem because that's where we live and we need that area. Where that part of the property is is where our master bedroom is and the other one is a storage. The rest is -- has to do with the children's rooms. That's why we really need for the Commission to help us with this, because we want to make sure that everything's legal and not to have any problems. Thank you. Chair Sarnoff Thank you. All right, let me open up a public hearing on PZ.2. Does anybody wish to be heard on PZ.2? Mariano Cruz: Me. Okay. Mariano Cruz, 1227 26 Street. No. I make a point of watching Channel 77 and I saw that case May 10, and it surprise me, the Zoning Board, the way they treat the lady over there and they freat another lady that have a lot more problem, but you know, she made a mistake. She came dressed with a strapless thing and she spoke Spanish, so all right, two strikes against her. And she was asking for only a variance of 4.11. Another lady came after, you know, dressed in a power suit, nice, everything, spoke flawless English. No problem. And she got -- and she was asking for 17 feet in a rear back of 20 feet. So even Ms. (UNINTELLIGIBLE) say, oh, you are a nice lady. So you know, all that. So it is not what you bring in paper. It's how you look (UNINTELLIGIBLE). You look good, you get a lot of good points for you. And that shouldn't be the way. People -- they should be judging the people -- and these people, they say -- I even met them here. I came here. They didn't told me. I came here on my own because I watch it and I see. It's abuse of the power. And even the Mayor has said we have to help the people that got problem with the housing because a lot of people, they bought an old place there, been fixing it, they got problem with it, they fixing it, they paying tax to the City, solid waste fee and everything (UNINTELLIGIBLE). They being good citizen. (UNINTELLIGIBLE) being five years from Cuba, (UNINTELLIGIBLE) maybe. Fifteen years from Cuba and they want to realize American Dream. Well, now the American Dream is becoming the American nightmare, not the American Dream. So I am asking that they work -- they got to be treated like the other lady (UNINTELLIGIBLE) 17 feet. Oh, (UNINTELLIGIBLE), no problem. You're a nice lady. Well, these are nice people too, working people from the neighborhood. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.2, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I have a couple of questions. I have some questions. Director, can you come to the mike? Mr. Lavernia. Chair Sarnoff Administration. Commissioner Suarez: Can you please come to the microphone? Thank you, sir. I just would like a little bit of an explanation on this. The back -- what -- they have -- the backside -- 'cause the one I think that's in contention is the backside one, right, the back five feet? What's the issue there exactly? Is that a -- is that part of the home or is that an addit -- a different structure? Mr. Lavernia: It's part of the home. It was an addition to the home. Commissioner Suarez: That's part of the home? Mr. Lavernia: Yes, sir. City ofMiami Page 95 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Suarez: Okay. I kind of agree with Mariano, you know, that these people are trying to comply with the law. They're here trying to comply with the law. And we have a lot of people who are violating the law and who don't care that they're violating the law and particularly in our community. And as you mentioned, they came without a lawyer. You know, they don't speak the native language, and they're simply frying to realize the American Dream, and I don't see any reason that -- none of the neighbors are objecting. I have received no comment cards. None of the neighbors are objecting. Mr. Lavernia: That will be -- the answer will be known to the Hearing Boards office. We don't receive those letters, so I don't -- I have no answer. Commissioner Suarez: And there's no one here -- no one came to the Zoning Board meeting --? So -- right. No. I saw that. I saw the letter from the back door neighbor, which would be the most affected party in this case. I'm going to move to accept this request as it was stipulated by the Zoning Board, with the exception of course that we agree with the set -- the -- you know, with the setback, so it's a slight departure from -- okay. The Zoning Board approved it with those conditions, correct -- Lavernia: No. The Zoning Board -- Commissioner Suarez: -- and then denied one aspect of it? Mr. Lavernia: -- approved two variances, but do not approve the third variance. Commissioner Suarez: Okay. Then I move to approve all three variances. Mr. Lavernia: So your motion is to grant the appeal? Commissioner Suarez: Yes. Commissioner Gort: Grant the appeal. Vice Chair Carollo: Second. Chair Sarnoff All right, we have a motion. We have a second. Gentlemen, any discussion? Commissioner Gort, you're recognized. Commissioner Gort: You know, one of the problems that we have in the City ofMiami for many, many years in the past people build a lot of additions to their home without complying with the -- and the City allow it for many years. Now you have individuals coming in here, they buy a home, they're not aware of the irregularity that exist in there, and they realize it after they close, but they have a problem. Now one time I suggested that we have some kind of a ordinance within the City ofMiami that anybody's going to buy a home, they should check with the NET (Neighborhood Enhancement Team) office and make sure there's no violation, because my understanding is this type of violation will not come out in a closing when somebody's going to close on their property. So I believe we should take -- try to take care by doing this. Commissioner Suarez: I just want to -- I happen to do closings as an attorney, and I want to tell you that it's absolutely true, that it takes an incredible amount of due diligence on the part of a buyer, due diligence that is normally not done. I would say 90 percent of transactions for small homes like this, single-family residences, that kind of due diligence is not done 'cause it requires coming to the City. You don't own the property 'cause you're the buyer, so you have to get some sort of permission -- City ofMiami Page 96 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Gort: From the seller. Commissioner Suarez: -- to seek records for a property that you don't own and then, you know, you have to pull permits, you have to understand what those permits mean, you have to look at surveys, you have to understand what those surveys mean. So it involves quite a bit of technical knowledge and, you know, expense as well because most -- more likely than not, you're not going to know how to interpret those -- that information so you're going to have to hire someone to interpret it for you. I'd say 90 percent of the time it doesn't happen, so I agree with you completely, Commissioner. Commissioner Gort: Okay. Chair Sarnoff All right. Ms. Thompson: Chair, ifI might. Before you take your vote, I just want to make sure we're clear on the wording for your resolution. As we're looking at our packet here, then you are granting the appeal? Chair Sarnoff Right, he's granting the appeal. Ms. Thompson: Okay. Reversing the decision of the Zoning Board and granting a variance. Is that correct? Chair Sarnoff Yes, ma'am. Ms. Thompson: Thank you. Chair Sarnoff All right, so we have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff PZ.3, is that still on the agenda? Ms. Mazaret (as interpreted by Assistant City Attorney Victoria Mendez): Okay, thank you. PZ.3 RESOLUTION 10-00484x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 921 VENETIAN WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 97 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Votes: 10-00484x Analysis.pdf 10-00484x Zoning Map.pdf 10-00484x Aerial Map.pdf 10-00484x Miami 21 Map.pdf 10-00484xApplication & Supporting Docs.pdf 10-00484x Plans.pdf 10-00484x ZB Appeal Letter.pdf 10-00484x ZB Reso.pdf 10-000484x CC Legislation (Version 3).pdf 10-000484x CC Legislation (Version 4).pdf 10-000484x Exhibit A.pdf 10-000484x CC 06-24-10 Fact Sheet.pdf 10-00484x-Submittal-PwerPoint Presentation-Simarly Approved and Constructed Dock: 10-00484x-Email-Similar Docks.pdf Motion by Chairman Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0280 Chair Sarnoff Is PZ. 3 still on the agenda? Priscilla A. Thompson (City Clerk): Yes, yes. Chair Sarnoff It is. Okay. Commissioner Gort: Venetian Causeway. Chair Sarnoff Yeah. Roberto Lavernia (Chief of Land Development, Planning): PZ.3 is also an appeal of a special exception in order to grant the extension of dock for more than 35 feet in length for the property at 921 Venetian Way, Miami, Florida Chair Sarnoff Is -- let me ask you a question. Does DERM (Department of Environmental Resources Management) have to approve this? Mr. Lavernia: Yes, sir. Chair Sarnoff Why are we hearing this? Mr. Lavernia: The Planning Department recommendation was approval, subject to one condition. This special exception is subject to the DERMfinal approval, meaning, if they cannot get the DER Mfinal approval, the special exception is dead. Chair Sarnoff Why -- Mr. Lavernia: However -- Chair Sarnoff -- would this Commission hear something pending a DERM approval? If DERVI doesn't approve it, they're not going to get the dock. Why would you waste this Commission's time? City ofMiami Page 98 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Lavernia: They have the right to apply and we need the obligation to listen. Chair Sarnoff Why -- let me ask the question to you. Why would you come before this Commission when you don't even have your DERM approval yet? Bibi Villazon: IfI may explain the process. We initially applied to DERM DERMdoes their biological assessment and they give us preliminary approval, which we do have a set of plans with preliminary approval. We then have to go through the building, whichever municipality, zoning and structural process, which is why we're here. Once we have plans that have zoning and structural approval, we go back to DERM-- Commissioner Gort: She needs to identify herself. Ms. Villazon: -- and then they give us their final approval. Chair Sarnoff All right. Ms. Thompson: I'm sorry. Chair -- Chair Sarnoff Please state your name for the record. Commissioner Gort: Your name and address. Ms. Villazon: Sorry. Chair Sarnoff That's okay. Ms. Villazon: Bibi Villazon, Trident Environmental, environmental consultant for the owner. Chair Sarnoff So you're saying that we go first and we have to go first? Ms. Villazon: No, you do not go first,; DER Mgoes first. They put a preliminary stamp on the plans -- Chair Sarnoff Right. Ms. Villazon: -- which means that, environmentally, they are okay with it, but the plans are then subject to the Building's [sic] Code for zoning. They're also subject to the Florida Building Code. DERM does not look at it from the building point of view. Chair Sarnoff No. I understand that. Ms. Villazon: So we go to the City. The City determines whether it's in compliance with their zoning regulations and the building regulations. We go through the regular four fourth process, and once we have zoning and building approval or structural approval, goes back to DERM, and DERM only looks at it from the environmental. They say, okay, you have your City building permit. You now -- we will give you the final approval. Chair Sarnoff Okay. Ms. Villazon: And then we have a DERV permit. Chair Sarnoff Let's -- let me hear from the City Attorney. Maria J. Chiaro (Deputy City Attorney): That's the process, as I understand it. It's actually a City ofMiami Page 99 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 separate evaluation. DERV makes its determination based on the considerations of the placement and the wetlands and the grass and all of the things that DERM -- Chair Sarnoff My concern is this, Madam City Attorney. I don't want this Commission voting on something only to have DERM turn it down, that is, an unnecessary -- unless you're telling me this is the process. Ms. Chiaro: This is the process. Chair Sarnoff Okay. Go ahead, present. David Sacks: Mr. Chair, Commissioners. David Sacks, on behalf of the Ken Hill Investment Group, Incor -- Chair Sarnoff I'm sorry. Hang on one second. Okay, it's been brought to my attention -- Ms. Thompson: But not her. Chair Sarnoff Right. -- that you are a lobbyist? Mr. Sacks: I am, and I'm registered. I'm -- Chair Sarnoff She is not. Mr. Sacks: That is correct. She [sic] for informational purposes only, which is permitted by the Code factually. She was just answering a question as to procedure. Chair Sarnoff Okay. She will not be addressing this Commission? Mr. Sacks: I will be addressing this position [sic]. Chair Sarnoff I understand. The lady sitting there, I'm sorry, what was your name? Ms. Villazon: Bibi. Chair Sarnoff Bibi, you will not be addressing this Commission any longer? Mr. Sacks: Unless asked by you, of course. Chair Sarnoff Well, I don't want to get into cutting hairs. Maybe I mistakenly asked her a question or maybe she was mistakenly at a microphone. I have no intentions of waiving the lobbyist laws of the City ofMiami. Ms. Chiaro: The technicians -- the consultants can answer questions if they are not registered as lobbyists. They can only answer questions if posed to them by the City Commission. Chair Sarnoff All right. All right, proceed. Mr. Sacks: Okay. Good afternoon, Mr. Chair, Commissioners. My name David Sacks, with offices at 2 South Biscayne Boulevard, representing the Ken Hill Investment Group, which I will just from hereinafter refer to as either Mr. Hill or Ken Hill from now on. We are here before you today to seek a special exception for docks in excess of 35 feet as permitted by the Code, docking facilities, that is. Also with me today is our team. You've met one of our team members, Ms. Villazon; also Mr. James McKenzie and also Captain Herman Pundt, who is a marine consultant contracted to ensure the safety and the proper building of boats and other marine -related issues. City ofMiami Page 100 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 He is a -- basically a full-time captain for this particular property. Again, as I suggested, our request is to seek a special exception for docking facilities in excess of 35 feet. Before you, you should have a -- by now a copy of a kit that have handed out. Do the Commissioners have a copy of the kit either in blue -- Commissioner Gort: Yeah. Mr. Sacks: -- or --? Okay. The way I'm going to begin my presentation -- I'll fry to be brief on this -- is first, I'd like to say we received a recommendation for approval by staff previously. That's point number one. Point number two is that with respect to some background information, our client closed on this piece of property in November of 2009. Since that time, our team -- and we have two consultants and one captain -- has been working with the various agencies having jurisdiction over docking facilities. That includes the Department of Environmental Resources Management, DERM, the County organization, the Florida Department of Environmental Protection at the state level, and the Army Corps of Engineers at the federal level. We have received approvals from all of these agencies. And in your kits, listed as tabs number 1, 2, and 3, you can find those approvals. In addition, I'd also like to submit to the Clerk a copy of DERM's -- and this may, Mr. Chair, go to your point a little bit earlier as to what the process is. I do have a stamped preliminary approved plan, which is the typical process in every city, whether it's the city ofMiami Beach, this city, or what have you within unincorporated Miami -Dade County. I will hand that DER Mplan before you today to the Clerk, and it's now been submitted. IfI could go through the kits briefly with you, tab number 1 is probably the most important tab because what it does is it establishes the issue at hand. My client is before this body today not by choice, but essentially because of the surrounding, I guess, sea grasses, the surrounding property, the contours of the Biscayne Bay aquatic preserve. And for that reason, we, or my client, cannot build a dock based upon water depth, sea grasses, marine life, et cetera. In other words, adequate dock or adequate boating depth is not reached at four feet until fifteen feet from the seawall. And so what the DERM letter before you -- the two DERM letters before you under tab 1 establishes is that -- and again, this is a special exception, but I'll call it a hardship in the lay terms. In other words, we cannot build a dock. If there was adequate sea depth or water depth, say, from the seawall at four feet, we would not be before you. But unfortunately, with the hurricanes and with things that happen over time, the bio assessment was done as required by DERM and result was the letters that you see before you, which basically state what had just mentioned. We cannot build a dock unless it's the one that's before you. There's a second DERM letter that I'd like to call your attention, and I have some highlighted language there that would just like you to flip to. It's the June 17 letter, 2010, where it says that in order to comply with the County Code, that the Department is willing to authorize the structures so long as the dock extends a maximum of 50 feet west of the property line. In other words, because of the resources, the living, breathing animals, et cetera, because of the depth of the water, for all of those reasons, we -- or DERM, rather, has built in a constraint to our property that essentially says you can only build 50 feet west of that point on the dock plan. And the dock plan is attached to that very same June 17 letter. So the furthest point on the dock east is essentially what that letter reflects. Everything west of that dock is where we are essentially building the current dock, pursuant to the plan before you. With regards to the Florida Department of Environmental Protection of approval, you can see that both proprietary and regulatory approvals were granted, and I could -- or verified, rather, and granted. And the same thing is true for the Army Corps of Engineers. So we have our approvals in place. The next step, which gets again back to the initial conversation when we first began, is to be before you here today. The staff recommendation for approval both before the ZBA (Zoning Board ofAppeal) and then today before you recommends approval, subject to going back to DERM, which, again, is the typical procedure, for the record. Having said that, I think I've established the fact that since November of '09, we've worked diligently to come up with a dock plan that really works in light of the constraints as I had just mentioned. And in that regard, my client is spending extra dollars because it's important for these sea grasses to be able to survive and live. That's what the law says. So one of the things my client has done is put City ofMiami Page 101 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 grating in that allows 43 percent of sunlight to penetrate through that grating. Another one of the things that my client did was to actually raise the dock, again at the suggestion of the various agencies and at the cost of my client. And we've essentially built this dock working with all of these agencies together since November of '09. And so for the record, I'd like to submit that all of these approvals have been received. And Madam Clerk, I don't know if you have a copy of the kit that have before you containing all these approvals? Ms. Thompson: We do. Mr. Sacks: Okay. I'd like that to be entered into the record, along with the DERM approval. Chair Sarnoff May I ask a question? Mr. Sacks: Yes. Chair Sarnoff You have a friangulation right here. Mr. Sacks: Yes. Chair Sarnoff On that friangulation, the exterior of the, I guess it would be, western side of the dock is not within the triangulation. Mr. Sacks: That is correct. Chair Sarnoff Does that mean that is not part of your plan? Mr. Sacks: No. That just means that the western part of our dock is outside the triangle. The triangle is a DERM, I guess, guideline. Not a law, not a requirement; it's a guideline. And as you'll see in the rest of my presentation -- because where I'm going to go from here is to talk about the surrounding community of my client's property, which is located at 921 North Venetian Way. So next, I will get into the community standards, which show how -- I would -- and I have a number of docks that can show you that the facilities go beyond the D5 triangle that you're mentioning now. I hope that answered your question. Chair Sarnoff Yeah. Your -- the D5 triangle is what they fry to confine you within. Mr. Sacks: Correct. However, that is not always the case since it's a guideline. What really governs from all of the agencies, whether it's DERM, DEP (Department of Environmental Protection), Army Corps of Engineers, it's really about the resources, the depth; it's about -- it really takes all stakeholders into account, including the neighbors. Having said that, I'd like to turn your attention now -- andl believe the PowerPoint presentation that's behind you is also in front of you dais. Is that correct? Chair Sarnoff Correct. Commissioner Dunn: Yes. Mr. Sacks: I may, for the audience, just use a laser pointer, if necessary, ifI can dig it out of my pocket. If not, I'll just follow or I'll -- I will articulate. As you can see, I've established for the record the approvals we've received. Second, I'd like to show you the neighboring dock structures on Venetian Drive. And as you can see, most of the docking facilities are out -- certainly in excess of 35 feet, if not larger. What we're seeking is a 45-foot dock that is really not at the request of our client. It's at the request of the -- I guess you could say it's at the request of the sea grasses in the Biscayne Bay aquatic preserve, if you will. So you can see there how we've established a community standard for this particular area. The next slide, as you can see, shows City ofMiami Page 102 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 docks located at the four properties shown, 891, 921, which is Ken Hill's property, 1041, and 1121. All of those properties have docks or docking facilities in excess of the 35 feet that we are seeking now. It shows that there is precedent in the community for what we're seeking. The next slide focuses on the 1041 property. As you can see there, there is a large boat and a 50-foot dock, again, all to establish community precedent. As you can see by the next slide at 1121 North Venetian, I would submit to you the same thing, a dock, a large boat, and precedent. With respect to the next slide, 891 North Venetian Drive, that too has docking facilities in excess of 35 feet. But I've also chosen this slide to show how you have two docks that are, more or less, cramped together, if you want to call it cramped, but it still was permitted, it's still accepted, and it's [sic] still has the ability to work as a single-family home with allotted docking facilities. The very next slide is our property which shows the current dock as it exists today, which is also referenced in the kit that have under tab number 5, which I will get to because it will show you most specifically what we are seeking. And then, finally, on the next slide we have our proposed dock diagram. Now let me explain this. What we are really seeking with respect to the community standard or the community -- the surrounding community that I just established. What we're really seeking -- and taking into account the D5 triangle, as you mentioned -- is, at present, that yellow -shaded dock, which is the existing dock, at 33 and a halffeet. What we're really seeking is nine and a halffeet, which is shaded in blue. That is really what we're seeking. I will submit to you that we are also seeking the green area, but for the most part, the area at issue, as it was raised at the Zoning Board ofAppeal, was largely the area in blue, which is only nine and a halffeet. And that basically concludes the PowerPoint presentation that have before you. What I'd also like to mention is the fact that all of these agencies that I've said before take into account all of these living things, resources, sea grasses, manatees, navigation. You name it, they all look at it. We have approvals for all of these different requirements through the different agencies that have jurisdiction over these things that had just mentioned. I would also like to state for the record that this is a special exemption. This is not a variance. And for that reason -- and I'd like to call to Madam Attorney's attention, and I'd like to, ifI may, Mr. Chair, read into the record the special exception requirements under the Florida Third DCA (District Court ofAppeals) case, or would you like to do that, just so we can clarify what --? Chair Sarnoff Why don't you give us what you think the legal standard is? Mr. Sacks: Okay. Chair Sarnoff She'll object when she thinks you're wrong. Mr. Sacks: That's fine, if I'm wrong. Okay. The request for a -- a special exception is a permitted use to which the applicant's entitled to unless it's determined that the use would adversely affect the public interest. That's the key. Does this plan before you today adversely affect the public interest, in light of of course, the surrounding community that I've established and, of course, in light of the various approvals we've received to date? To continue with the standard, once the applicant has demonstrated that there is compliance with the City ofMiami criteria, then there is a shifting of the burden to any other party that's against this application. We have shifted that burden by virtue of the fact that we have staff recommendation for approval that have satisfied all of the City ofMiami Code criteria as contained in your packet. Chair Sarnoff Can I ask you why the Zoning Board denied this special exception. Mr. Sacks: Yes. In my opinion, I believe the Zoning Board ofApproval [sic] denied the special exception because they were interpreting the hardship standard, in my opinion. They were looking at this from a completely different reason, and that is also why, in an abundance of caution, I've spent the time with you all today to read this standard so that it's very clear and in the record, because it's very important and I -- again, you probably already know this, but if we are denied here today, we cannot come back for another year. And my client purchased this property in November of '09 with the best of intentions from moving to Texas as a businessman City ofMiami Page 103 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 to moving to Florida hopefully to create jobs. I didn't plan on saying this, but you know, he came to Miami to enjoy what everybody comes to Miami to do, enjoy the sun, enjoy the fun, all those other things. He's an avid boater. In this surrounding area there's docks that basically are even bigger than the one that he's seeking, and he's not even seeking it for his own reasons. He's seeking it because that's what the agencies are telling him what to do. Chair Sarnoff What does Mr. Ken Hill Investment Group do? Mr. Sacks: Various things. Do -- you want to go that route because --? Chair Sarnoff No. You said jobs. I was just curious. This Commission loves to hear about jobs. Mr. Sacks: Yeah. Well, that's kind of why I mentioned it, but I didn't plan on going that way. Chair Sarnoff Okay. Mr. Sacks: But that's what he would really like to do. Chair Sarnoff All right, just checking. Mr. Sacks: But to -- you can keep checking if you want, that's fine. Chair Sarnoff Could we hear from your captain, just 'cause I love when the guys with the captain stripes get up? Mr. Sacks: Absolutely. And matter of fact, yes, he will. And I will also -- would you like to hear from him now or can I finish up? Chair Sarnoff I would, I would. Mr. Sacks: Okay. Let me just make one more point, please. Actually, I'm almost done. The only thing I'd like to ask for is just a moment of time for any rebuttal or cross-examination. Chair Sarnoff We'll give you ample rebuttal time, counsel. Mr. Sacks: Okay. Now, you would like to hear from our captain? Chair Sarnoff Yeah. I'm just -- I'm absolutely curious why you brought your captain, so I -- just being a maritime lawyer, I'd love to let the captain speak. They usually make the most sense. Herman Pundt: Herman Pundt, 921 North Venetian. I won't talk as much he does, for sure. Chair Sarnoff Well, tell us why you're here. Mr. Pundt: I was here to address any concerns with navigation, safety. I actually have dove on the areas that he's speaking of in regards to the coral, the sponges, the sea grass. I actually know the water depth 'cause at 33 feet -- Chair Sarnoff What type of vessel does --? Ms. Thompson: Excuse me. I'm sorry, Chair. Will you pull the mike up and --? Chair Sarnoff Yeah. City ofMiami Page 104 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Mr. Pundt: Oh, I'm sorry. Ms. Thompson: Yes. Chair Sarnoff What type of vessel does Mr. Hill have and how many does he have? Mr. Pundt: We have several vessels, but we have two within the state right now. One is a 27 foot Hacker -Craft -- Chair Sarnoff Okay. Mr. Pundt: -- which is a single engine antique boat, and the other one is a 50-foot Fountain Swordfish, which is -- Chair Sarnoff I represent Cigarette, so Fountain's not a good boat. I'm just kidding. Mr. Pundt: Especially since I bought it during the bankruptcy. Chair Sarnoff How many boats is [sic] he intending on keeping there? Mr. Pundt: At the present, two. Chair Sarnoff And how many can that dock hold? Mr. Pundt: It can hold three. Chair Sarnoff Three. And how many can the neighboring docks hold? Mr. Pundt: Some of them have up to three. Chair Sarnoff Up to three. So you'd be in that --? Mr. Pundt: But most people have two boats and a jet -ski style boat. Chair Sarnoff Okay. Is his intention to rent this out to others? Mr. Pundt: No, sir. The intention was to build it to the community standards so that he could have what the other -- the direction that everybody else seem to be going so that when he got here, say he had a nephew come in with a smaller boat, that they could also keep it there if they trailed it in from Texas or one of the places they live. Chair Sarnoff To your knowledge, captain, are others on that Venetian island renting out their slips to others? Mr. Pundt: Not to my knowledge, 'cause I actually looked for my personal boat. Chair Sarnoff All right. Thanks. I appreciate it, captain. Mr. Pundt: No problem. Thank you. Chair Sarnoff All right. Why don'tI do this, why don'tI open up to -- why don'tI open it up to a public hearing. Anyone from the general public wishing to be heard on PZ.3, please step up. You're recognized for the record, sir. George Lopez: Yeah. George Lopez, from 911 North Venetian Drive. Well, this is the second City ofMiami Page 105 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 time we've come up here. And the reason that we're objecting is that everything is always going to the left side, to the west side. We're the property with the smaller lot, which is 75. Everybody else -- he has 100. The guy on the east has 200. So everything is put up on the west side. I -- and I want to comment that why can't it be addressed and be put on the east side, which everybody has the most lot and those people will not get affected by putting big boats like that? Now the gentlemens [sic] did buy the property, and I know that's the best intention, but they never came to us addressing what they were going to do, what they were planning to do, and see if it was okay with us, so -- Chair Sarnoff And you -- where do you live next --? You -- Mr. Lopez: I'm on the west side. I'm the owner on the west side, and my property is only 75 feet, his property is 100 and the people on the east side is 200, so why can't all this be addressed on the east side? I have no problem him going 50 feet, 100 feet, whatever it takes, as long as it's on the east side of his property. If the first dock, we gave the okay to the original owner because he didn't want to put it on the center of his property, so I was okay in giving him permission to put it on the west side because he didn't want his to be obstructed by his master bedroom looking out in the water, so that was okay. But now we're just putting more stuff and he's putting three big boats so it's going to obstruct more the triangle on my side. That's the reason that I'm -- Chair Sarnoff And your concern is that your master bedroom would be looking into a --? No? Mr. Lopez: No. It's that -- Mily Lopez: Hi. Mily Lopez, 911 North Venetian Drive. Our concern is that when we first met our first neighbors, the ones they bought from, he came over and he wanted to put his boat on the western side of the triangle. We -- after several meetings, we decided okay, it's okay. It's going to be on a lift. It's not a big deal, you know. We were fine. We wanted to be a good neighbor. We allowed it. What happens now is this boat has created these other docks for them to bring bigger boats. Now, not only are we just a few, which -- if you look at the triangle, the original boat is -- mostly the whole entire boat and the lift is outside the triangle. Now you're bringing in this other bigger boat into the triangle. And it's not only that. It's -- these are lifts. I don't know if anybody knows about lifts, but they -- the boat does not sit entirely on the lift. It sits partially on the lift. So we're talking 45 feet and another probably 10, 15. Who knows how big that boat is? I mean, we're not sure exactly. It's a 40, 000 pound boat and there's two of them. So we're not sure exactly how much into the waterway it's going to go. I'm concerned. I'm the next -door neighbor. I don't want to see an accident. I've seen boats coming really, really close to us. If you do look at those slides, you will see there is a line that everybody sticks to, and we always fry to stick with the 35 under, and most of those are 35 and under. And if there's any that are not, check because some of them are illegal docks. So you know -- and there's a lot of illegal ones out there, so -- but the ones that are legal, they're all within the 35 feet, and there's like a visionary -- visual line that you can see them all there. And they do not have three boats. Most of them have one, maybe two. And they do have some jet ski -- some have jet skis: But that's my concern. I'm very concerned that this is not only visually going into a triangle that's already been set there; it's way out there. If anybody knows the Venetian backyard of the water, there is -- it's like a channel. There's big yachts going by there, jet skis. There's all kinds of vessels going by there. And now it seems like we're going to go another 20-something feet when this boat gets totally on that lift. I mean, look at how big that boat is coming out. Unidentified Speaker: That's a hundred feet. Ms. Lopez: This is -- I don't know. I didn't -- I'm opposed to it. I'm not going to accept these infringements on our property. These are visuals. They're hard to protect. But when you buy a house -- and Marc, you should -- oh, excuse me. Commissioner Sarnoff, you should know. We're like the little house between the two big houses. We allow this one to continue doing this, City ofMiami Page 106 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 the next -door neighbor will do it. Next thing you know, we're going to be in the middle. We won't be able to have access to our boats. I mean, right now we have a 19-footer. We have no problem going in and out. But ifI wanted to put a yacht like that, I would not be able to. And when I got my permit, DERM was not allowing you to go forward like that. They -- you had to be parallel to your home. You were allowed to have one boat there parallel to your home. And if you notice, most of these boats, they're all facing parallel. They're all with the back of your property line. They're not in. They're going -- look at them. They're all hori -- they're parallel, parallel to the backyard everybody. Everybody here is parallel. Where is -- where are these boats that are supposedly going in? If any precedence has been set, it's that these boats are all facing the same way. They're all going parallel to the property line. And if you look at them, there's only one or two on the property. There's not all these boats -- Chair Sarnoff Okay. Ms. Lopez: I'm sorry. Chair Sarnoff Gotcha. All right, thank you very much. Mr. Sacks: Mr. Chair, may I rebut that comment? Chair Sarnoff No, not yet. Anyone else from the public wishing to be heard, please step up. Mr. Cruz, you don't have an opinion on this one? Mariano Cruz: I don't even own a row boat. Chair Sarnoff I just wanted a comment, Mr. Cruz, to show you what kind of a culturally diverse city this, consider we just heard PZ.2 and now PZ.3. You're recognized for the record, Ms. West. Nina West: Okay. Hi. Nina West, 3690 Avocado Avenue, Coconut Grove. I just have one or two things. First of all, you have a Zoning Board and the Zoning Board has really denied this and it denied it for a reason, although the attorney doesn't seem to think it's a good enough one. That's number one. And secondly -- Chair Sarnoff Were you on that Zoning Board? Ms. West: Hum? Chair Sarnoff Are you on that Zoning --? Ms. West: No, I'm not. But I can watch TV (Television) just like everybody else. I happened to see this one. And the second thing is it is not the responsibility of the City ofMiami to have -- to maximize a return on an investment on any property and then, as long as you have use of your property, it's not any kind of a hardship. So not only can they -- they can have a boat. It just can't be as big as they want, maybe. They can't dock as big as [sic] boat as they want. And they have waterfront, but they also have neighbors. And I think the neighbors should really be considered. And it shouldn't be that the wealthiest person has the opportunity to destroy the property value of someone else just because they have a lesser property. Thank you. Chair Sarnoff Thank you. Would you do me a favor and address your -- what you think the law is one more time? Mr. Sacks: I believe the law is, with respect to neighbors, two of which have just spoken, that there should be no adverse affect to the neighbor after it's been established that we've satisfied the City's own criteria, which we have done. We satisfied the City's criteria, which is why in both cases there was a recommendation for approval. We've satisfied DERM's criteria, which is why City ofMiami Page 107 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 we have a recommendation for approval. Chair Sarnoff I thought you read me a case. I was hoping you could read the case to me again. Mr. Sacks: Yeah. The case is a Third DCA case. Chair Sarnoff Can you give me the cite? Mr. Sacks: Yes. Give me a second to get to the cite, and I'll be more than happy to do that. It is 719 Southern Second 1204 Metro -Dade County, petitioner, versus Section 11 Property Corporation. Chair Sarnoff Is that a correct -- is that -- Madam City Attorney, before this is over, I want to know that that's still good law, what he's about to read me. Go ahead, read me what you think your legal standard is. Mr. Sacks: The legal standard again is that a special exception is a permitted use to which the applicant is entitled unless it is determined that the use would adversely affect public interest. Now may I mention -- make another point or do you want to focus on that? Chair Sarnoff Yeah. No. Go ahead. That's the legal standard. You think that's a -- Mr. Sacks: That is the legal standard. Chair Sarnoff Okay. Mr. Sacks: And once that has been established, as it has, then the burden shifts to show is this current dock plan before you somehow adverse? Now we've heard about parallel. We've heard about parallel parking of boats. We've heard about perpendicular parking of boats. There is no legal requirement anywhere in South Florida that that be the case. I take that back. There's certainly not in the City ofMiami, I can tell you that. And then as you can see it by the PowerPoint presentation that I showed you, there's a mix. There just is. Secondarily, with respect to the adverse impacts, is -- and I'd like to call your attention to tab number -- in your kits, I'd like to call your attention to tab number 4, which is the proposed boat dock extension and boat lifts. Again, tab number 4. What you see there with respect to whether or not we're adversely impacting our neighbor to the west, which was the first neighbor that testified here today -- the reason why the dock on the left, which is the west, with -- I believe it was Mrs. Milagrosa [sicJ? I may be pronouncing it incorrectly. But -- Ms. Milagros: Milagros. Mr. Sacks: Yes. -- the reason why it's in red is for two reasons. One, we're not moving it. We're not touching it. We're doing nothing different. We're leaving it exactly where it is. With respect to the site lines and all other issues, there is no difference. The fact is also that there is a boat lift that's going to remain exactly where it is that once it's up in the air, it's going to be blocking the new dock. That's just a matter of-- if you take a look at the visual, you can see that. And I would also add, if you looked at the 921 property that's now on your computers, you can see, again to the west or to the left of 921, the neighbor's property which is set so far back with respect to windows, et cetera, with lush landscaping on the east/west border. So I would submit to you that really nothing's changed with respect to their rights, and they're no more adversely impacted now than they were before. Chair Sarnoff Read me the standard. Permitted use entitled "unless an adversely affect" what? Mr. Sacks: Okay. A special exception is a permitted use to which the applicant is entitled, City ofMiami Page 108 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 unless it is determined that the use would adversely affect the public interest. Chair Sarnoff The public interest. Mr. Sacks: Public interest. And then once the applicant has demonstrated -- once Ken Hill has demonstrated compliance with the applicable City ofMiami criteria, along with the other agencies, federal, state, county, and city, once that's done the burden then shifts for this case. Chair Sarnoff Thank you. Madam City Attorney, has he correctly stated the law? Ms. Chiaro: Yes. He's correctly stated the standard for adverse -- Chair Sarnoff The case cite that he gave us ofMetro-Dade versus Section 11, 719 Southern Second 1204, is that still good law? Ms. Chiaro: We're still checking whether that's good law. It's my understanding that -- I have not -- I have no argument with the general principle of the special exception and the standards as stated, but we're still looking to make sure that the case as cited is good law. Chair Sarnoff You don't keep LexisNexis by you or anything or --? No? Ms. Chiaro: We're dancing as fast as the computer can take us. Chair Sarnoff I gotcha, all right. Are you done? Mr. Sacks: Well, if the case is good -- Chair Sarnoff If the case is bad, you've got a problem. Let me ask you a question with your -- this -- there was a suggestion that on a number of the slides you gave us, 891 -- 921 is you obviously--1041, and 1121 -- do you have actual knowledge that those are permitted docks? Mr. Sacks: I do not have actual knowledge that they're permitted docks. The purpose was to show that there's a community standard out there. And I would say that -- I mean, I would say that this particular area -- there was probably Code enforcement all over these docks. I can tell you that I've represented a number of clients that have had Code enforcement issues for exactly this reason and they add up. Oh, I've just been advised by our team that they are permitted. Chair Sarnoff They are permitted docks? Okay. No, no, no. We're done. I just want to find out if the law is correct. Ms. Chiaro: So I am told that it's not flagged as being overturned at all. Chair Sarnoff All right. I'm going to make a motion to approve. It would appear that based upon the special exception that he is permitted unless he adversely affects the public interest. While I feel for the folks just to the west, that dock is only moving nine feet. Most of the triangulated dock exists -- oh, sorry. I apologize. Most of the dock exists to the east. You know, it's really tough to tell a person who spends a lot of money on their property that you can only use a certain percentage of their [sic] property, especially in a maritime setting. People buy these homes for the expressed intention of using them for dockage. I mean, he's got the right to do pretty much what he wants to do. I think -- under the law, I don't think we have a choice but to grant this special exception. So that's my motion. Commissioner Suarez: There's a motion by Chairman Sarnoff. Is there a second? Commissioner Gort: Second. City ofMiami Page 109 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Suarez: Second by Commissioner Gort. All those in favor, signify by saying "aye." Ms. Thompson: IfI might, Acting Chair. I always want to make sure -- because this is an appeal, I want to make sure the language is correct. Your motion is to grant the appeal? Chair Sarnoff That is correct, grant the appeal. Ms. Thompson: Okay. Reversing the decision of the Zoning Board? Chair Sarnoff That is correct. Ms. Thompson: Okay. And granting the special exception? Chair Sarnoff Correct Ms. Thompson: Thank you. Commissioner Suarez: All those in favor, signify by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: All those opposed have the same right to say "nay." Let the record reflect that there are no nays. Ms. Thompson: Thank you. Commissioner Suarez: Thank you. Mr. Sacks: Thank you. Ms. Chiaro: Mr. Chair. Chair Sarnoff Yes. Ms. Chiaro: I just wanted to make sure that the record reflected that the approval contained the conditions set forth in Planning. That's how this petition has come. And that the petitioner has accepted those petitions [sic], butt wanted to make sure that the improval [sic] included them. Mr. Sacks: The condition -- there is -- my understanding is there's one condition that said DERM's final approval. We accept that. Thank you. Chair Sarnoff All right. PZ.4 RESOLUTION 09-01464za A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE City ofMiami Page 110 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 PZ.5 10-00044x ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.r 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf 09-01464za CC 07-22-10 Fact Sheet.pdf APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II Note for the Record: Please refer to "Order of the Day" for minutes referencing item PZ.4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 111 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 PZ.6 10-00044x-a 10-00044x Analysis.pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent.pdf 10-00044xApplication & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x ZB Appeal Letter.pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a Exhibit A.pdf 10-00044x & 10-00044x-a Exhibit 1pdf 10-00044x CC 06-24-10 Fact Sheet.pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II Note for the Record: Item PZ.5 was deferred to the City Commission meeting currently scheduled for September 23, 2010. Note for the Record: Please refer to "Order of the Day" for minutes referencing item PZ.5. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR City ofMiami Page 112 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x Analysis.pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent.pdf 10-00044xApplication & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a ZB Appeal Letter.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a Exhibit A.pdf 10-00044x & 10-00044x-a Exhibit 1pdf 10-00044x-a CC 06-24-10 Fact Sheet.pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. City ofMiami Page 113 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 M.1 09-01453e Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Suarez Absent: 1 - Commissioner(s) Dunn II Note for the Record: Item PZ.6 was deferred to the City Commission meeting currently scheduled for September 23, 2010. Note for the Record: Please refer to "Order of the Day" for minutes referencing item PZ.6. MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453e Discussion Page.pdf 09-01453e-Submittal-Memo-Mayor Regalado.pdf DISCUSSED Chair Sarnoff Okay. Let's do the Mayor -- the Mayor's issues. I believe the easiest way to do this, gentlemen, is DL 1.1 [sic], which is page 18, and M.1, which is page 26. DI. 1.1 [sic] is the budget. M.1 is the pension and union. And why don't we give the Mayor the latitude of how he wishes to proceed? You're recognized for the record, Mr. Mayor. Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning. We have several items to report to the Commission and the public, as promised. We are updating in every Commission meeting the labor negotiations between the City ofMiami and the four collected [sic] bargaining units. The City now is currently in negotiation with all four labor unions. The City gill/Pamirs team held two bargaining sessions with Local 587, that's Fire, since invoking Florida Statute 447.4095. The most recent session was held on Friday, May 21, 2010. On May 27, 2010, the City notified PERC (Public Employees Relations Commission) that it was at impasse with the Local 587. James Mastrioni was selected as the special magistrate for the impasse proceeding. The parties have requested for Mr. Mastrioni to propose dates for the hearing. In addition, Local 587 filed a suggestion for certification to the Florida Supreme Court with the Third District Court ofAppeals on June 8, 2010. If granted, the Florida Supreme Court has the discretion to accept or not the case. The City filed its reply to the suggestion for certification to the Florida Supreme Court and is awaiting a ruling from the Third District Court. Notwithstanding the above, the City contacted Local 587 on June 15, 2010 and June 22, 2010, proposing future negotiation sessions. The City ofMiami and FOP (Fraternal Order of Police), Miami Lodge 20, met on June 7, 2010, and as we speak, they're meeting today. The City of Miami andAFSCME (American Federation of State County and Municipal Employees), Local 907, held their second bargaining session on June 9, 2010. To date, the City and AFSCME, Local 1907, complete and agreed upon seven contract articles. The parties are scheduling a third bargaining session. The City ofMiami andAFSCME, Local 871, met on June 9, 2010, and are scheduled to meet today, June 24. In addition, the City's negotiation team and elected official [sic] will be meeting today in an executive session. I think we are moving fast. Just wanted to mention that this is not unique to the City ofMiami. It is interesting to check the national press. We've seen The New York Times article that Colorado and Minnesota have curtail cost -of -living increases in pension. They already did that. The San Diego suburb of City ofMiami Page 114 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 D2.1 10-00320 Chula Vista, in California, voted in favor of Proposition G, which bans project labor agreement with contracts. It's a sign of the times. And, Mr. Chairman, Commissioners, we will be reporting to you more in the executive session as soon as you end the morning session. DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT". CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JUNE 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI RESIDENT. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00320 Email.pdf 10-00320-Submittal-District 2.pdf DISCUSSED Chair Sarnoff All right, I think the only thing we have is some blue page items. Mr. Manager, D2.1, we had a blue page issue discussing the City ofMiami's headcount. I was hoping that you could address that briefly. Michelle Pina: Hi. Michelle Pina, director of Employee Relations, City ofMiami. We have to report that our headcount has gone down for full-time employees since the last time we reported to the City Commission. We are now at 3,531 full-time employees since our last report to the City Commission. Our last report was, I believe, in April. Chair Sarnoff I'm sorry. Could you do the numbers one more time? Ms. Pina: We're currently at 3,531 full-time employees. That's not including part times or temps. Chair Sarnoff And we were where at the last time? City ofMiami Page 115 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 D2.2 10-00583 Ms. Pina: The last time we reported to the City Commission, which I believe was in April, we were at 3,549. Chair Sarnoff Okay. Ms. Pina: Not including part times and temps. Chair Sarnoff And I think the headcount could be found on that catalog of documents that you gave us earlier today? Ms. Pina: Yes. Chair Sarnoff All right. Thank you, Mr. Manager, and thank you for educating me. The headcount is not necessarily the only issue that demonstrates revenues from an employee side. Carlos A. Migoya (City Manager): I can also tell you that the dollar amounts in compensation been leveling or at the same for April, May -- April and May. Chair Sarnoff Which is -- earlier today, as you discussed, we had made no progress with reducing this deficit. Mr. Migoya: That's correct. Chair Sarnoff Okay. The second -- thank you, Mr. Manager, by the way, for discussing this. And thank you very, very much to the Human Resource Department, which I don't think gets a whole lot of credit. But gentlemen, you received a book today that I suspect took them many hours of creating. It includes the headcount. It's the first part of your statistical data there. So I just want to say to Michelle Pina very nice job. I want to say to Greg Anderson very nice job, and thank you for keeping this Commission informed. DISCUSSION ITEM DISCUSSION ABOUT THE PROLIFERATION OF SPRAY PAINT MARKINGS ON STREETS AND SIDEWALKS. SOMETIMES THE SIDEWALKS ARE EXPENSIVE BRICK AND SOMETIMES THEY ARE VERY EXPENSIVE PLASTIC OVERLAY. OFTEN THESE MARKINGS ARE RELATED TO UTILITIES BUT THEY ARE ALWAYS UGLY AND OBTRUSIVE. DISCUSSION ABOUT WHAT CAN BE DONE TO REDUCE OR ELIMINATE THIS VISUAL POLLUTION. 10-00583 Email.pdf 10-00583-Submittal-David Sacks.pdf 10-00583-PowerPoint Presentation - Utility Markings in City of Miami.pdf 10-00583-E-mail-PowerPoint-Utility Markings in City of Miami.pdf 10-00583-Submittal-David Sacks-DERM Approval of Building Plans.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration for the Department of Public Works to consult with the CityAttorney's Office and create a plan, within 60-90 days, that begins to reduce the amount of graffiti on sidewalks. City ofMiami Page 116 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff D2.2, Mr. Manager, is something near and dear to my heart, and anybody that happens to live downtown or near or close to downtown should be near or [sic] dear to their heart, and that is the sprayed markings on the streets and the sidewalks by either FPL (Florida Power & Light), AT&T (American Telephone & Telegraph), Cox Cable, or anyone who is about to go into a sub -- into the underground. And I understand that our new Public Works director has done a pretty interesting PowerPoint presentation. I've seen little pits [sic] of it. It's worth seeing, gentlemen. It'll only take about ten minutes. You are recognized for the record, sir. "[Later...]" Chair Sarnoff All right. You ready? Nzeribe Ihekwaba (Director, Public Works): Yes, sir. Chair Sarnoff State your name for the record, introduce yourself. We haven't heard a lot from you. Mr. Ihekwaba: My name is Nzeribe Ihekwaba, Public Works director, City ofMiami. Chair Sarnoff I've been told no jokes. Mr. Ihekwaba: You've been told what? Chair Sarnoff Just kidding. Mr. Ihekwaba: Oh, okay. Can I start? Chair Sarnoff Absolutely, sir. Mr. Ihekwaba: Sure. Okay. I was tasked to the -- to look into the problem of utility markings within the City ofMiami rs right-of-way. By utility markings, what we are concerned about are only the invalids or leftovers. Those are utility markings that had been abandoned by contractors or demolition workers within the City's right-of-way. Essentially, I've actually deterred (phonetic) what are the basic problems confronting the Public Works Department, which is a public concern. Utility markings are strewn all over the pavement and sidewalks and they tend to conforming to being an eyesore or graffitis [sic], which is something that some of us have been talking about for a while. The invalid utility markings are those that are left over after the completion of work. No known entity appears to be responsible for the removal of these markings, according to state law. The Underground Facility Damage Prevention and Safety Act, which is a state law, Chapter 556, regulates utility locations within public right-of-way. And essentially, Sunshine State One Call is the entity that is entrusted with regulating or managing or administering the location requests. When a contractor makes a location request, utility markings are triggered. The main concern is usually among the major utility owners, which perhaps could be F -- Florida Power & Light, Miami -Dade County Water & Sewer, as well as BellSouth. Some of you may have seen some of these colorful markings along the pavements or sidewalks. I've given you a brief legend of what those colors mean. Principally, red is for electricity, which is Florida Power & Light. Yellow is your gas company. And blue is potable water. Green is sanitary sewer. Valid tickets are actually meant to prevent damages and accidents within the public right-of-way and also to guide excavators or the demolition workers from endangering themselves or creating a major catastrophe. Members are entities that use underground facilities, such as gas, water, sewage; or services, telephone, electricity, or Internet access. Membership is mandatory. The City ofMiami hopes to become a member soon. Some of the requested tickets are essentially, by law, not required to last more than 30 days, according to current practice, and they're supposed to be renewed every 30 days. So that's what the problem is, constantly they're being renewed even when construction has been completed. If City ofMiami Page 117 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 portions of a job site covered only tickets are complete, some of the contractors' home office tend to have a habit of renewing those tickets. So we're going to look into possibilities or recommendations on how to handle future utility markings within the public right-of-way. There are certain recent legislative actions that have taken place. In 2007 the City Commission passed a resolution 07-0360, that urged counties and municipalities in the state of Florida to support the amendment of the existing state law. In 2010, essentially in February, Miami -Dade County passed resolution R-189-10, calling and echoing the similar sentiments of the City ofMiami resolution. However, the state Legislature passed a new law that was contrary to what the City and the County had requested for. Chair Sarnoff Amazing. Mr. Ihekwaba: And this amendment comes into effect on October 1, 2010. Essentially, we have only three months to formulate a response to this new law on how to implement our own response program. A summary of the amendments to the state law calls for what we call "Low Impact Markings." The low impact marking provisions tends to minimize the amounts and types of paints that's going to be used by utility owners within a public right-of-way. However, the new state law amended requires that the City Commission may not require utility owners to obtain permits to identify their facilities or to require them to mark their facilities or even at that, we do not have the rights or the jurisdiction to force them to remove those markings. Remember, this language is for utility owners. There are other additional requirements which is not of interest today. What would be the basic recommendation from my point of view as a professional? Public Works have looked into this require -- the new law. We've coordinated with a law service request with the Law Department of the City, and the basic response will be to follow the revisions to the Florida law with certain mandates and provisions. In which case, we will adopt the Low Impact Markings, which is a major, major improvement to the previous practice. In Low Impact Markings, from my understanding, is supposed to last for only eight days instead of thirty. Remember, this has not been really tried out and practiced in the field. However, the state law still requires that they be renewed as long as long as the construction site is active. It requires a change in the type and durability of the paints. It requires the paints to have reduced shelf life, like I said, from 30 days to 8 days. What will be the City requirements? Obviously, they have to be supplemental and within the purview of the state law. This would require Code revision or an ordinance that will mandate options to implement. I have already spoken to City staff. It probably would require collaborative efforts to administer a removal of utility markings. Obviously, this will be within Public Works, Building Departments [sic], CIP (Capital Improvements Program), Code Enforcement, and perhaps the NET (Neighborhood Enhancement Team) office. The removal of the markings would not be a mandate on the utility companies in order to be in full compliance with state law. However, it is our recommendation from Public Works that only permittees or the entity that request these markings that will have to be able to get it to remove them at their own costs. For CIP and other City projects, the recommendation is to have CIP update their general conditions of contracts and perhaps have certain amendments or changes in the procurement process. The confractor will be fully responsible for removing the utility markings as part of their project work. The City will insure performance by retaining funds payable to the confractor until makings are removed completely. How do we hope to achieve this? We will focus on utility markings during monthly or progress certificates for payments. Obviously, the construction manager needs to be resourceful and prudent. At project completion, if a confractor has not removed any and pending utility markings -- remember, these are the invalids, the ones that are no longer active -- it becomes part of the punch list. Final payment will be accounted for by making sure that we factor in the removal cost of the utility markings. For private projects or non -City projects, perhaps any future development agreements would have to include language that requires invalid markings to be removed upon work completion. For right-of-way projects or governmental agency projects, the permittee or entity that requests these markings will be able to get it to remove them at their own cost. The City can only remove markings and pass through those costs to the permittee or the agency that request the markings. There is a potential vehicle to use to recover costs. City ofMiami Page 118 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Currently, the Code -- the City Code in Chapter 54-42 mandates the Public Works Department to retain restoration bonds for work along the public right-of-way. That is a potential vehicle to recover any City cost in removing those markings that are left over. For other private projects, the removal markings will become part of the TCO (Temporary Certificate of Occupancy) process. The Public Works Department will work in collaboration with the Building Departments [sic] to implement a prudent process during the TCO and CO (Certificate of Occupancy) process to make sure that markings are removed promptly upon completion of projects. Any leftover markings could be captured using the punch list inspections originated by -- and the (UNINTELLIGIBLE) markings originated by the developer or contractor would required to be removed before the TCOs are approved. The implementation of obviously requires legal provisions, perhaps through an ordinance, and that would have to come from either the Public Works Department or the Building, depending on if it's on the public right-of-way or on the private side. It's my recommendation that the City needs to take a position that is only supplemental to the state law and not in conflict with the state law. Obviously, like everything about life, the implementation will be imposed cost impact on construction, so you're looking at an escalation in City projects costs or maybe construction costs by the private sector. Thank you. Chair Sarnoff How can we start you drafting or would you work with either the CityAttorney's Office coming up with what we can supplement what policy and procedures internally we can change, but I'd like you to be primarily in charge of doing that. I'd like to know that in 60, 90 days that we have a plan that will at least start the process of reducing the graffiti on the sidewalks and that we do the best practices we can, in light of the fact that the legislator [sic] chose to implement by five -sixths. Mr. Ihekwaba: Yes. As the director of Public Works, I'm fully available and committed to carry out any instruction. We will work with the -- I will work with the Law Department as -- and as are directed to make sure that there is adequate legislation drafted in order to bring us into compliance -- Chair Sarnoff Great. Mr. Ihekwaba: -- with the new regulation. Chair Sarnoff Thank -- you know, for whatever it's worth, he overheard the discussion on the dais; he took it upon himself prepared this PowerPoint presentation -- I mean, that -- I don't know. My hat's off to you. Been here for, I think, a while; you're the first person to ever do that. Thank you very much. Mr. Ihekwaba: Thank you. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: Thank you for being proactive. Commissioner Gort: You have one minus with me. You were supposed to have met with me today at 8:30 in the morning -- Mr. Ihekwaba: Yes, I was. I was. I -- Commissioner Gort: -- and I don't know what happened. Mr. Ihekwaba: -- forgot my -- City ofMiami Page 119 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Gort: He never showed up, but -- Mr. Ihekwaba: I apologize. Commissioner Gort: -- nonetheless, as you're doing this, this inspection, right now we're looking at the construction that the -- Miami -Dade County's doing right here on 27th Avenue, and there seems like they be fixing in some of the repairs. I want to make sure when you checked on this, and what ordinance will take place from us, when you check with the signs, also to make sure that they comply when they repair what they -- whatever they destroy, that they come up to the standard they should be. Right now, if you look through City ofMiami, you will see a lot of those places where they're being opened by Water and Sewer, by Miami -Dade County, and the utility companies. When they do their repair, they never match the existing roads that we have. So that's something that whenever your inspector goes in to check about the graffiti, they could also check on those things to make sure that they comply with it. Mr. Ihekwaba: Okay. For your information and for the information of the Commission, the project along Southwest 27Avenue by Water and Sewer is only a precursor to the roadway reconstruction project by the County. There is an additional project coming after the Water and Sewer project. It's going to entirely and completely reconstruct 27Avenue up to US 1. Commissioner Gort: I want to make sure they do that throughout the City 'cause I -- Mr. Ihekwaba: Okay. Commissioner Gort: -- I can assure you, a lot of places and streets within the City and sidewalk, that they have not been repaired. Mr. Ihekwaba: Okay. We'll look into that, sir. Commissioner Gort: Thank you. Mr. Ihekwaba: Thank you. Chair Sarnoff Thank you. I just want to say very much, thank you -- Mr. Ihekwaba: Thanks. Chair Sarnoff -- for being as proactive as I've ever seen an employee. Mr. Ihekwaba: Thank you, sir. Chair Sarnoff Anyone else? Otherwise, I think that's it. DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II City ofMiami Page 120 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 NA.1 10-00837 NON AGENDA ITEMS DISCUSSION ITEM BRIEF DISCUSSION BY MAYOR TOMAS REGALADO ON THE STATUS OF FLAGSTONE NEGOTIATIONS. DISCUSSED Mayor Tomas Regalado: We also have to report -- I know you have heard this before -- that talks with Flagstone are going on. And what we can tell you is that before the next meeting, you will have plenty of time to have all documents and everything before you. And before going to print, you will have all the information in terms of the Flagstone. NA.2 RESOLUTION 10-00831 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SIGN DOCUMENTS IN CONNECTION WITH THE REFINANCE OF THE SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOAN B-90-MC-12-0013, RELATING TO SOUTHEAST OVERTOWN PARK WEST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR SAID PURPOSE. 10-00831 Legislation.pdf 10-00831- Exhibit.pdf 10-00831-Exhibit 2.pdf 10-00831 Original Agreement.pdf 10-00831-Submittal-Correspondence-Mayor.pdf 10-00840-Submittal-District 2.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-10-0264 Mayor Tomas Regalado: Mr. Chairman and Commissioners, I also have a pocket item that I know it's not in the agenda. However, it's a resolution of the Miami City Commission authorizing the City Manager to sign documents in connection with the refinance of the Section 108 loan from the United States Department of Housing and Urban Development; authorizing the City Manager to execute the necessary documents for said purpose. What this is, is we are trying to send HUD (Department of Housing and Urban Development) this [sic] documents. This will save the City $400, 000 if we are able to get this loan that we are paying to HUD approved and a rectify rate is approved by HUD. So these are some of the items we need to report to you on the budget. I don't know if you want to do the pocket item now or later. Chair Sarnoff Let's take up the pocket item for discussion. Anybody -- does everybody understand the Mayor's pocket item, or do they wish to do any further probe? Commissioner Gort: I'm ready to make a motion. Chair Sarnoff Ready to make a motion? All right. Why don't we take the Mayor's item up. City ofMiami Page 121 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 NA.3 10-00838 NA.4 10-00839 Commissioner Gort makes a motion. Commissioner Gort: Move it. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you, Mr. Chairman. Commissioners, we save $406, 000 with this communications [sic] to HUD. DISCUSSION ITEM COMMISSIONER GORT RECOGNIZED FORMER MIAMI CITY COMMISSIONER VICTOR DE YURRE IN THE COMMISSION CHAMBERS. DISCUSSED Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: If you don't mind, I would like to recognize former Commissioner Victor De Yurre, who's visiting us today. Commissioner Dunn: He got me. Commissioner Suarez: Where is he? Chair Sarnoff Oh, there he is. Commissioner Suarez: Oh, there he is. Commissioner Gort: There he is. Chair Sarnoff Back there. Commissioner Gort: He's lost about 20 pounds and he's looking good. Chair Sarnoff Living, I think, happily on Miami Beach now though. Commissioner Gort: Yeah. Victor De Yurre: (INAUDIBLE) sun tan. You know, watching you guys on TV (Television). DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE DESIGNATION BY MAYOR TOMAS REGALADO OF ASSISTANT CITY MANAGER/CHIEF OF City ofMiami Page 122 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 OPERATIONS TONY CRAPP, JR. AS CITY MANAGER FOR VARIOUS DATES IN JULY AND AUGUST. 10-00839-Submittal-Memo-Mayor.pdf DISCUSSED A motion was made by Commissioner Carollo, seconded by Commissioner Dunn, and was passed unanimously, to approve the designation by Mayor Tomas Regalado ofAssistant City Manager/Chief of Operations Tony Crapp, Jr. as City Manager for various dates in July and August. Chair Sarnoff Now we go into the Planning and Zoning items. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff You're recognized for the record. Mr. Migoya: IfI may, just before you do PZ (Planning & Zoning), I just want to make -- go on the record to let you know each of you have a memo from my few days on the -- July, that I'm going to take some days off and that Tony Crapp will be acting as City Manager. Vice Chair Carollo: I make a motion to ratify that. Commissioner Dunn: Second. Chair Sarnoff Do we need to do that? Commissioner Gort: I didn't get it. Mr. Migoya: Sorry? Chair Sarnoff I didn't get the memo either, by the way. Commissioner Dunn: You didn't get it? I got it. Vice Chair Carollo: No. Mr. Migoya: I got a extra copy. Commissioner Gort: How 'bout [sic] the five-day rule? Chair Sarnoff Yeah, I think I'm going to enforce the five-day rule. Vice Chair Carollo: (UNINTELLIGIBLE) wait. Chair Sarnoff This will actually have a financial impact to the City. You're free. Unidentified Speaker: Yeah, exactly. Chair Sarnoff All right, let's move to the P&Z items. I guess you have to do the P&Z swearing in. Vice Chair Carollo: Well, yeah, but don't we have to take a vote to ratify? Chair Sarnoff No. Apparently, she says no. City ofMiami Page 123 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 NA.5 10-00840 Vice Chair Carollo: Madam City Attorney, the Madam City Clerk is asking whether we have to ratify this, and I specifically remember speaking to you and Julie Bru about it, where we do have to ratify. Maria J. Chiaro (Deputy City Attorney): It is -- the appointment of a -- Vice Chair Carollo: Acting. Ms. Chiaro: -- acting or interim City Manager by the Mayor is with the approval of the City Commission. Vice Chair Carollo: Exactly. Priscilla A. Thompson (City Clerk): Thank you for that clarification, because what I heard was you're ratifying the request for vacation. Vice Chair Carollo: No. Ms. Thompson: Okay. Vice Chair Carollo: No. Ms. Thompson: Okay. So you're -- it's a acting appointment. Commissioner Dunn: Yes. Vice Chair Carollo: Yeah, acting of Tony Crapp as the acting City Manager. Ms. Thompson: So we do need the motion. Commissioner Dunn: And a second. Vice Chair Carollo: I made the motion and I think Commissioner Dunn second it. Commissioner Dunn: Yes. Chair Sarnoff All right, we have a motion and we have a second. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. DISCUSSION ITEM BRIEF DISCUSSION BY COMMISSIONER SARNOFF REGARDING A REQUEST FROM THE MIAMI CHILDREN'S MUSEUM TO APPLY FOR A COUNTY GRANT WHICH REQUIRES THE CITY OF MIAMI'S CONSENT. DISCUSSED A motion was made by Chair Sarnoff seconded by Commissioner Suarez, and was passed unanimously, authorizing the City Manager to sign a consent form allowing the Miami Children's Museum to apply for a County grant. Chair Sarnoff Tell you what I'll do is --I happen to have a pocket item, Mr. Manager, that I'd City ofMiami Page 124 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 NA.6 10-00841 like to bring up and anyone -- I'm told the Miami Museum is applying for a grant at the County to make its Watson Island facility very green. This will help get the museum new energy efficient air conditioning, lighting, and solar equipment. The grant requires application and the consent of the property owner, which, as you all know, is the City ofMiami. The City has zero financial involvement in the County grant. This -- the Museum simply needs the City to say it's okay to apply for the County grant. The grant application deadline is imminent, and I would move to authorize the City Manager to sign the consent form to allow the Museum to apply for the grant. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right, say "nay." Motion passes unanimously. Chair Sarnoff Thank you. Thank you, Mr. Manager. Might have been a little bit of a prodder for you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING VACANT AND ABANDONED PROPERTIES. DISCUSSED Commissioner Gort: I have a pocket item. Chair Sarnoff Okay. Oh, that's right. You have two pocket items, I think. Commissioner Gort: Hum? Chair Sarnoff Two, don't you? Commissioner Gort: Yeah. A couple of things. One the problems -- the biggest complaint I'm getting and I'm sure all of you are getting is the vacant houses, vacant buildings. They're being used by drug addicts. They're being used by all kinds of people breaking in. They're using all kinds of waste. And it's becoming a nuisance in our neighborhood. And the banks own -- most of the banks (UNINTELLIGIBLE). Do we have a law that we can force the banks to do -- or the property owner to do something about this property? I mean, this is creating a lot of problem because you had the drug addicts go into these homes. You got people living in this home. They're not complying with the regulations that we have. I mean, this has really been a nuisance. "[Later...]" Chair Sarnoff Well, we had some Neighborhood Stabilization money that could have been used. Interestingly enough, we chose to use it to help people buy homes, which is an interesting use of that money. However, for every one person who loses their home and that affects that one person, two people are still paying their mortgage and are trying to do their very best. But as every one out of three, one out of every four homes goes by the way side, it affects the neighborhood. I don't -- and I know the NTSP [sic] money was from the fells, and I think we City ofMiami Page 125 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 might have used some stim (stimulus) money too. I think we have to start being a little less concerned about getting people into homes and maybe preserving the neighborhood itself by making sure -- what happens is we fall short getting these people into homes, and I think we all know that. It's almost impossible for government to put somebody in a home. But what we can do is stabilize the neighborhood, spend some money in the upkeep or the grooming of that house so it doesn't feel like every fourth house, every fifth house is abandoned. And I know that came from the N -- the Neighborhood Stabilization money could have been used to do that. We didn't do it. Commissioner Gort: I don't believe, legally, we do can some of this -- what is the process legally to knock down any of those homes? Maria J. Chiaro (Deputy City Attorney): Oh, if there's a structure that's declared uninhabitable, we can demolish. We have to go through a process, though, to have it declared that way. Or the Building official can declare it uninhabitable, but we can't tear it down then, right? Commissioner Gort: We have a couple of buildings that we've been trying to report. The bank who owns the property, they're trying to comply but there's -- they're not doing anything, and this has been a long time now. Chair Sarnoff We -- little bit of institutional memory. Commissioner Gort: I mean, this is safe -- Chair Sarnoff No. I -- Commissioner Gort: -- properties. I mean -- Chair Sarnoff Right. I -- Commissioner Gort: -- they're not unsafe properties. Chair Sarnoff -- these are houses that are not going to get knocked down -- Commissioner Gort: Right. Chair Sarnoff -- because they're structurally sound, but -- Commissioner Gort: Right. Chair Sarnoff -- the windows are broken or someone's kicked in the door. Commissioner Gort: And they walked in and -- Ms. Chiaro: But if you remember, last year we passed an ordinance -- Chair Sarnoff Right. That's what I -- Ms. Chiaro: -- related to vacant and abandoned properties where those properties have to be registered; and if they are owned by a bank, the bank can be cited and the bank can -- the bank is then required to maintain the buildings. This is a process of enforcement. So you know, I can tell you that we have the mechanism in terms of an ordinance on the books. Commissioner Gort: Well, my question is -- we do have the mechanism, but it's not being applied and that's my problem 'cause -- I mean, and I've been calling and we've been sending -- City ofMiami Page 126 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 and I know staff is trying to do as much as they can, but somehow we've got to force those people to secure those homes. Chair Sarnoff From a Commission standpoint, Mr. Manager, we've given you every tool in the box necessary to stabilize a neighborhood, especially in terms of vandals, especially in terms of people living in a house. If your response is I don't have the resources to enforce that, you need to tell us because -- the end of day, when we do the next budget, we simply need to know that. Because I'll tell you what -- I know we lost some Code Enforcement inspectors from the last year. I actually thought we should have increased Code Enforcement because you could make a very persuasive argument, you net money with them versus a loss in money, but I think we need to know it, like Commissioner, you may have passed this ordinance 18 months ago, six months ago, we haven't even enforced it. Graffiti, for instance, you and I had a conversation on that. We know we passed a graffiti ordinance; we haven't even implemented it and we know why. But I think, as Commissioners, we need to know what kind of resources we need to give you 'cause I -- you know, somebody came in my office the other day and they said, you know the worst thing you could do as a Commissioner, go pass an ordinance and do nothing with it because somebody's going to pick that up someday and ram it down your throat, you know, somebody who runs against you. And they're essentially right. Anyway, I know you want to speak, Commissioner. Commissioner Suarez: Thank you, Mr. Chairman. I've dealt with this issue a lot since I've been elected and I've tried to spend a lot of time on it. From my understanding -- and the City Attorneys that are here can verify what I'm going to say or dispute it if I'm not correct -- that there's two types of Code Enforcement violations. One of them is the kind that runs on a day-to-day basis and it grows and can grow, and then the owner can come in and mitigate that fine and walk away essentially having paid a tenth, a twentieth, a fiftieth. There's another kind of Code violation -- or fine that becomes a priority lien on the property prior even to mortgages, even to first mortgages on the property, and that -- those are the kinds of liens that are established when we spend money to make a property compliant. Now it doesn't have to be a lot of money, but any kind of money that's spent to improve the property creates a Code Enforcement lien that has a priority over a first mortgage, and those are the kinds of liens -- so for example -- in terms of your example with a vacant home, if we were to demolish that home -- if it were unsafe and we were to demolish it, that's a priority lien. We can foreclose that lien. We would get back dollar -for -dollar, every single dollar that we spent, and we would get a -- you know, we would get our attorney's fees and costs and everything paid back. So it would be a good investment for the City because one of two things would happen here, either "A," somebody would buy it on the courthouse steps or -- someone would satisfy it before it gets sold at auction, "A"; B, it gets sold at auction, someone buys it, we get paid;; "C, " no one buys it; we end up with a property at, you know, fraction of the cost and we could turn that into a pocket park. We can do all kinds of things with it. So I think what we need to do is we need to take a look at how we can spend our money judiciously, money that we're going to get back -- It's a good investment 'cause we're going to get it back either in "A," "B," or "C" scenario. -- and start changing our method of Code enforcement from the one where we are just citing people and having these fines accrue, you know, ad nauseam, and then people come in and chop them down to the one where we're using them as a priority lien and then we're enforcing that lien by suing them to foreclose that lien and getting our cost back in the process. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Gort: By the way, let me add. The Code Enforcement and Public Works have done a great job, and every time we send a complaint, they take care of it. But there comes a time when they cannot go beyond because it comes to a legal matter. Ms. Chiaro: I'm sorry; I didn't understand what you said. City ofMiami Page 127 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Commissioner Gort: Okay. Code Enforcement goes, fines the individual; that fine will continue to run, but there's nothing we can do legally. Ms. Chiaro: Well -- Chair Sarnoff Well -- wait, wait, wait. This city -- this has been an issue with -- this is -- you hit it right on the head. I wish you were here three years ago 'cause I tried to get the City Manager to do exactly what you said, which is let's start foreclosing on these banks that are never going to let us foreclose. And remember, the market was much better than. And I got blank looks, like we can't do that. Then they came up with this pot of money. Remember the pot of money, $750,000, and we were going to start foreclosing? Ms. Chiaro: Yes. Because when -- once you start foreclosing, you -- Chair Sarnoff Right. Ms. Chiaro: -- there are some costs to doing the foreclosures and that's -- Chair Sarnoff Tell me how many properties we foreclosed on. Commissioner Gort: None. Ms. Chiaro: I -- we -- Chair Sarnoff You know what? I don't think we ever foreclosed, but we had that 450 or 750 -- every Commissioner was asked to pick three properties in his area to foreclose upon. Remember that day? Ms. Chiaro: I do remember that. I remember that. There was -- there were properties sent -- Commissioner Gort: That was before us. Chair Sarnoff It was -- yeah, it was before you guys. Ms. Chiaro: -- for approval to then put the money up to foreclose and that has not happened. Commissioner Suarez: Mr. Chairman, may I, please? Chair Sarnoff Absolutely. Commissioner Suarez: The money to foreclose is somewhere in the vicinity of 300 to $500 per foreclosure case, so we're not talking about a lot of costs. Ms. Chiaro: No. Commissioner Suarez: The cost is minimal. Ms. Chiaro: No. I understand. Commissioner Suarez: Yeah. And we're -- and you're going to get the money back, regardless. I think -- when I did my investigation, I also discovered that we had never foreclosed, as far as I know, on a Code enforcement lien, and so I got into the whole discussion about the priority of it because if it were a fine that had a secondary priority, then it wouldn't -- you know, then the bank wouldn't have to satisfy it. If it had a primary priority, if it was first in line, then the bank City ofMiami Page 128 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 would have to satisfy it, so we would get our money back, so we would have compliance. We would get our money back or we would have a demolition and we would get our money back or we would have that property in our possession after no one bids on it at the foreclosure sale, which, by the way, right now is the best chance that we would have for that kind of scenario to happen because of where the real estate market is. Chair Sarnoff I mean, he's dead right. It's what we've been trying to --I mean, I know that I have -- Ms. Chiaro: I under -- I -- we are ready to move forward on it. I suggest -- Chair Sarnoff Well, here's what I suggest we do. Ms. Chiaro: We have -- okay. Chair Sarnoff Because when we do the next budget, we have got to create a res of money that we believe -- maybe you'll do the statistical analysis. There's so many liens out there, priority in nature -- Commissioner Carollo has ten in his neighborhood. Commissioner Gort has five in his neighborhood. And the other thing I'll remind you guys is do not -- if you want to have a clean, proper city -- whatever proper means -- but -- Commissioner Gort: Yeah. Chair Sarnoff -- a clean, well -run city, it's going to take Code Enforcement officers, and we depleted the number we had from last year. And if we're going to move forward as a city, we have to look at those guys as tools and we've got to fund them properly. We have to have an adequate number of Code Enforcement officers. Commissioner Suarez: I would even go as far as saying -- Mr. Chairman, ifI may? -- and you can correct me if I'm wrong, Madam Attorney -- we would even get our attorney's fees reimbursed. Chair Sarnoff You would. Commissioner Gort: Yeah. Commissioner Suarez: So whatever attorney we would hire to fore -- to specifically foreclose these issues, we could get her fees -- her own salary paid for by these people, so it wouldn't even -- it would be completely revenue neutral to the City if we did it right. And I have to say that -- I want to thank the City Manager for helping me with one specific property in my district, you know, and I just want to thank you for that, Mr. Manager. Carlos A. Migoya (City Manager): IfI may, we'll come back to you at the next meeting and give you a report. There has been an attempt to foreclose on several properties. Chair Sarnoff Okay. Mr. Migoya: The issue is that because values are down, most of these properties have had mortgages and their values, after the mortgage, has been not enough to -- worth a foreclosure, so that's been an issue as well. Chair Sarnoff Well -- but the priority lien scenario couldn't be a year old. I don't think we passed that a year ago. Ms. Chiaro: Little -- I think it was a little more than year ago. City ofMiami Page 129 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Chair Sarnoff Was it a year? Ms. Chiaro: And we followed through. I mean, what we're looking at here in this packet is -- looks like more than 15 memos from the Office of City Attorney -- Mr. Migoya: Right. Ms. Chiaro: -- following through on the issue of -- Chair Sarnoff But if we're -- Ms. Chiaro: -- targeting -- Chair Sarnoff -- a priority, nobody's going to prime us. Commissioner Gort: (UNINTELLIGIBLE). Mr. Migoya: I know that. I think the -- Chair Sarnoff The mortgage doesn't. That's what we were told. I can -- Ms. Chiaro: We haven't tested it. Chair Sarnoff No. I -- Ms. Chiaro: And certainly -- Chair Sarnoff -- it could be as unconstitutional as hell, but -- Ms. Chiaro: -- it doesn't impact homestead properties. But what -- I think that between the City Attorney's office and the Manager's office, not -- there is a will and the law in place to move forward on what you're talking about. What needs to be created and needs to come back to you is not only the money, but the commitment to the group of people who are going to follow through, make the determinations, finalize, and go forward with the foreclosures or with whatever we need to do to get these properties foreclosed on and get (UNINTELLIGIBLE). Mr. Migoya: There's -- she's right -- at least 15 or more cases going from February '09 to May of '10 -- Chair Sarnoff That's about -- Mr. Migoya: -- that -- which are -- they've been looking at. But if you allow the CityAttorney's Office and ourselves to review these and look at what we can and cannot do and get some opinions around those things, we'll come back to you and -- Chair Sarnoff Would you come back to us? Would you also come back to us just to learn where we are in the priority lien situation 'cause -- Mr. Migoya: Right. Well, that's part of -- Chair Sarnoff -- that may be a different scenario? That's -- and you may say, you're never going to prime a bank. We attempted to, but -- Mr. Migoya: -- the exercise. City ofMiami Page 130 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 NA.7 10-00842 Chair Sarnoff Right. Mr. Migoya: We got to figure out the resources in Code Enforcement, the resources in the City Attorney's Office, where we are with priority liens, et cetera, et cetera, and all that, and what monies we need -- Chair Sarnoff Okay. Mr. Migoya: -- and all the above. Chair Sarnoff Very good. All right, anything else, gentle --? Oh, you have one more, didn't you? Commissioner Gort: That's it. Chair Sarnoff That's it. DISCUSSION ITEM BRIEF DISCUSSION BY COMMISSIONER GORT REGARDING LARGE HOLES LEFT IN THE GROUND BY UNFINISHED CONSTRUCTION PROJECTS IN ADDITION TO DILAPIDATED OR MISSING FENCES USED TO SECURE THESE AREAS. DISCUSSED Commissioner Gort: And the second one that I have is something that we addressed about three or four month [sic] ago. There's a lot of individuals -- because -- that they were going to build something and they created the holes or the foundation for the building and so on. Those holes are still open. The fences are not really being kept up. Because one of the things that people or homeless or whoever, the fences are being taken down and they sell it. So we got to make sure that we can do something. Commissioner Dunn: Commissioner Gort -- Commissioner Gort: I think Vicky's been working on it. Chair Sarnoff Anybody here to hear our cries or --? Commissioner Dunn: May I? Chair Sarnoff Go ahead, Commissioner Dunn. Commissioner Dunn: I just want to echo what -- Commissioner Gort, I have the same problem, and I've been screaming and hollering 'cause I -- certainly, I know we've talked with Public Works and Code Enforcement and all -- even the -- to look into the demolition process 'cause that is a major, major issue in my district. ADJOURNMENT A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to adjourn today's meeting. Chair Sarnoff Motion to adjourn. City ofMiami Page 131 Printed on 7/19/2010 City Commission Meeting Minutes June 24, 2010 Vice Chair Carollo: So moved. Commissioner Gort: Moved. Chair Sarnoff All in favor? The Commission (Collectively): Aye. City ofMiami Page 132 Printed on 7/19/2010